Sen. Elgie R. Sims, Jr.
Filed: 5/25/2023
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1 | AMENDMENT TO HOUSE BILL 3817
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2 | AMENDMENT NO. ______. Amend House Bill 3817, AS AMENDED, | ||||||
3 | by replacing everything after the enacting clause with the | ||||||
4 | following:
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5 | "ARTICLE 1. | ||||||
6 | Section 1-1. Short Title. This Act may be cited as the FY | ||||||
7 | 2024 Budget Implementation Act. | ||||||
8 | Section 1-5. Purpose. It is the purpose of this Act to make | ||||||
9 | changes in State programs that are necessary to implement the | ||||||
10 | State budget for Fiscal Year 2024. | ||||||
11 | ARTICLE 3. | ||||||
12 | Section 3-5. Short title. This Article may be cited as the | ||||||
13 | Council of State Governments Act. As used in this Article, |
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1 | "this Act" refers to this Article. | ||||||
2 | Section 3-10. Participation in Council of State | ||||||
3 | Governments. The majority and minority leadership of the | ||||||
4 | Senate and the House of Representatives, as well as members of | ||||||
5 | appropriate legislative committees and commissions, as | ||||||
6 | determined by such leadership, may annually attend appropriate | ||||||
7 | meetings of the Council of State Governments as | ||||||
8 | representatives of the General Assembly of the State of | ||||||
9 | Illinois and may pay such annual membership fee as may be | ||||||
10 | required to maintain membership in that organization. | ||||||
11 | ARTICLE 5. | ||||||
12 | Section 5-5. The State Employees Group Insurance Act of | ||||||
13 | 1971 is amended by changing Sections 6.9 and 6.10 as follows:
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14 | (5 ILCS 375/6.9)
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15 | Sec. 6.9. Health benefits for community college benefit | ||||||
16 | recipients and
community college dependent beneficiaries. | ||||||
17 | (a) Purpose. It is the purpose of this amendatory Act of | ||||||
18 | 1997 to establish
a uniform program of health benefits for | ||||||
19 | community college benefit recipients
and their dependent | ||||||
20 | beneficiaries under the administration of the Department of
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21 | Central Management Services.
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22 | (b) Creation of program. Beginning July 1, 1999, the |
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1 | Department of
Central Management Services shall be responsible | ||||||
2 | for administering a program of
health benefits for community | ||||||
3 | college benefit recipients and community college
dependent | ||||||
4 | beneficiaries under this Section. The State Universities | ||||||
5 | Retirement
System and the boards of trustees of the various | ||||||
6 | community college districts
shall cooperate with the | ||||||
7 | Department in this endeavor.
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8 | (c) Eligibility. All community college benefit recipients | ||||||
9 | and community
college dependent beneficiaries shall be | ||||||
10 | eligible to participate in the program
established under this | ||||||
11 | Section, without any interruption or delay in coverage
or | ||||||
12 | limitation as to pre-existing medical conditions. Eligibility | ||||||
13 | to
participate shall be determined by the State Universities | ||||||
14 | Retirement System.
Eligibility information shall be | ||||||
15 | communicated to the Department of Central
Management Services | ||||||
16 | in a format acceptable to the Department.
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17 | Eligible community college benefit recipients may enroll | ||||||
18 | or re-enroll in the program of health benefits established | ||||||
19 | under this Section during any applicable annual open | ||||||
20 | enrollment period and as otherwise permitted by the Department | ||||||
21 | of Central Management Services. A community college benefit | ||||||
22 | recipient shall not be deemed ineligible to participate solely | ||||||
23 | by reason of the community college benefit recipient having | ||||||
24 | made a previous election to disenroll or otherwise not | ||||||
25 | participate in the program of health benefits. | ||||||
26 | (d) Coverage. The health benefit coverage provided under |
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1 | this Section
shall be a program of health, dental, and vision | ||||||
2 | benefits.
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3 | The program of health benefits under this Section may | ||||||
4 | include any or all of
the benefit limitations, including but | ||||||
5 | not limited to a reduction in benefits
based on eligibility | ||||||
6 | for federal Medicare benefits, that are provided under
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7 | subsection (a) of Section 6 of this Act for other health | ||||||
8 | benefit programs under
this Act.
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9 | (e) Insurance rates and premiums. The Director shall | ||||||
10 | determine the
insurance rates and premiums for community | ||||||
11 | college benefit recipients and
community college dependent | ||||||
12 | beneficiaries and shall present to the State Universities | ||||||
13 | Retirement System, by April 15 of each calendar year, the | ||||||
14 | rate-setting methodology (including, but not limited to, | ||||||
15 | utilization levels and costs) used to determine the insurance | ||||||
16 | rates and premiums . Rates and premiums may be based
in part on | ||||||
17 | age and eligibility for federal Medicare coverage.
The | ||||||
18 | Director shall also determine premiums that will allow for the
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19 | establishment of an actuarially sound reserve for this | ||||||
20 | program.
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21 | The cost of health benefits under the program shall be | ||||||
22 | paid as follows:
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23 | (1) For a community college benefit recipient, up to | ||||||
24 | 75% of the total
insurance rate shall be paid from the | ||||||
25 | Community College Health Insurance
Security Fund.
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26 | (2) The balance of the rate of insurance, including |
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1 | the entire premium
for any coverage for community college | ||||||
2 | dependent beneficiaries that has been
elected, shall be | ||||||
3 | paid by deductions authorized by the community college
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4 | benefit recipient to be withheld from his or her monthly | ||||||
5 | annuity or benefit
payment from the State Universities | ||||||
6 | Retirement System; except that (i) if the
balance of the | ||||||
7 | cost of coverage exceeds the amount of the monthly annuity | ||||||
8 | or
benefit payment, the difference shall be paid directly | ||||||
9 | to the State
Universities Retirement System by the | ||||||
10 | community college benefit recipient, and
(ii) all or part | ||||||
11 | of the balance of the cost of coverage may, at the option | ||||||
12 | of
the board of trustees of the community college | ||||||
13 | district, be paid to
the State Universities Retirement | ||||||
14 | System by the board of the community college
district from | ||||||
15 | which the community college benefit recipient retired. The | ||||||
16 | State
Universities Retirement System shall promptly | ||||||
17 | deposit all moneys withheld by or
paid to it under this | ||||||
18 | subdivision (e)(2) into the Community College Health
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19 | Insurance Security Fund. These moneys shall not be | ||||||
20 | considered assets of the
State Universities Retirement | ||||||
21 | System.
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22 | (f) Financing. All revenues arising from the | ||||||
23 | administration of the health
benefit program established under | ||||||
24 | this Section shall be deposited into the
Community College | ||||||
25 | Health Insurance Security Fund, which is hereby created as a
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26 | nonappropriated trust fund to be held outside the State |
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1 | Treasury, with the
State Treasurer as custodian. Any interest | ||||||
2 | earned on moneys in the Community
College Health Insurance | ||||||
3 | Security Fund shall be deposited into the Fund.
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4 | Moneys in the Community College Health Insurance Security | ||||||
5 | Fund shall be used
only to pay the costs of the health benefit | ||||||
6 | program established under this
Section, including associated | ||||||
7 | administrative costs and the establishment of a
program | ||||||
8 | reserve. Beginning January 1, 1999,
the Department of Central | ||||||
9 | Management Services may make expenditures from the
Community | ||||||
10 | College Health Insurance Security Fund for those costs.
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11 | (g) Contract for benefits. The Director shall by contract, | ||||||
12 | self-insurance,
or otherwise make available the program of | ||||||
13 | health benefits for community
college benefit recipients and | ||||||
14 | their community college dependent beneficiaries
that is | ||||||
15 | provided for in this Section. The contract or other | ||||||
16 | arrangement for
the provision of these health benefits shall | ||||||
17 | be on terms deemed by the Director
to be in the best interest | ||||||
18 | of the State of Illinois and the community college
benefit | ||||||
19 | recipients based on, but not limited to, such criteria as
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20 | administrative cost, service capabilities of the carrier or | ||||||
21 | other contractor,
and the costs of the benefits.
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22 | (h) Continuation of program. It is the intention of the | ||||||
23 | General Assembly
that the program of health benefits provided | ||||||
24 | under this Section be maintained
on an ongoing, affordable | ||||||
25 | basis. The program of health benefits provided under
this | ||||||
26 | Section may be amended by the State and is not intended to be a |
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1 | pension or
retirement benefit subject to protection under | ||||||
2 | Article XIII, Section 5 of the
Illinois Constitution.
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3 | (i) Other health benefit plans. A health benefit plan | ||||||
4 | provided by a
community college district (other than a | ||||||
5 | community college district subject to
Article VII of the | ||||||
6 | Public Community College Act) under the terms of a
collective | ||||||
7 | bargaining agreement in effect on or prior to the effective | ||||||
8 | date of
this amendatory Act of 1997 shall continue in force | ||||||
9 | according to the terms of
that agreement, unless otherwise | ||||||
10 | mutually agreed by the parties to that
agreement and the | ||||||
11 | affected retiree.
A community college benefit recipient or | ||||||
12 | community college dependent
beneficiary whose coverage under | ||||||
13 | such a plan expires shall be eligible to begin
participating | ||||||
14 | in the program established under this Section without any
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15 | interruption or delay in coverage or limitation as to | ||||||
16 | pre-existing medical
conditions.
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17 | This Act does not prohibit any community college district | ||||||
18 | from offering
additional health benefits for its retirees or | ||||||
19 | their dependents or survivors.
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20 | (j) Committee. A Community College Insurance Program | ||||||
21 | Committee shall be established and shall consist of the | ||||||
22 | following 7 members who are appointed by the Governor: 2 | ||||||
23 | members who represent organized labor and are each members of | ||||||
24 | different unions; one member who represents community college | ||||||
25 | retirees; one member who represents community college | ||||||
26 | trustees; one member who represents community college |
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1 | presidents; one member who represents the Illinois Community | ||||||
2 | College Board; and one ex officio member who represents the | ||||||
3 | State Universities Retirement System. The Department of | ||||||
4 | Central Management Services shall provide administrative | ||||||
5 | support to the Committee. The Committee shall convene at least | ||||||
6 | 4 times each year and shall review and make recommendations on | ||||||
7 | program contribution rates once the program is forecasted to | ||||||
8 | have satisfied the outstanding program debt existing on June | ||||||
9 | 30, 2023 and is operating on a no-hold payment cycle. | ||||||
10 | (Source: P.A. 100-1017, eff. 8-21-18.)
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11 | (5 ILCS 375/6.10)
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12 | Sec. 6.10. Contributions to the Community College Health | ||||||
13 | Insurance
Security Fund. | ||||||
14 | (a) Beginning January 1, 1999 and through June 30, 2023 , | ||||||
15 | every active contributor of the State
Universities Retirement | ||||||
16 | System (established under Article 15 of the Illinois
Pension | ||||||
17 | Code) who (1) is a full-time employee of a community college | ||||||
18 | district
(other than a community college district subject to | ||||||
19 | Article VII of the Public
Community College Act)
or an | ||||||
20 | association of community college boards and (2) is not an | ||||||
21 | employee as
defined in Section 3 of this Act shall make | ||||||
22 | contributions toward the cost of
community college annuitant | ||||||
23 | and survivor health benefits at the rate of 0.50%
of salary. | ||||||
24 | Beginning July 1, 2023 and through June 30, 2024, the | ||||||
25 | contribution rate shall be 0.75% of salary. Beginning July 1, |
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1 | 2024 and through June 30, 2026, the contribution rate shall be | ||||||
2 | a percentage of salary to be determined by the Department of | ||||||
3 | Central Management Services, which in each fiscal year shall | ||||||
4 | not exceed a 0.1 percentage point increase in the amount of | ||||||
5 | salary actually required to be contributed for the previous | ||||||
6 | fiscal year. Beginning July 1, 2026, the contribution rate | ||||||
7 | shall be a percentage of salary to be determined by the | ||||||
8 | Department of Central Management Services, which in each | ||||||
9 | fiscal year shall not exceed 105% of the percentage of salary | ||||||
10 | actually required to be contributed for the previous fiscal | ||||||
11 | year.
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12 | These contributions shall be deducted by the employer and | ||||||
13 | paid to the State
Universities Retirement System as service | ||||||
14 | agent for the Department of Central
Management Services. The | ||||||
15 | System may use the same processes for collecting the
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16 | contributions required by this subsection that it uses to | ||||||
17 | collect the
contributions received from those employees under | ||||||
18 | Section 15-157 of the
Illinois Pension Code. An employer may | ||||||
19 | agree to pick up or pay the
contributions required under this | ||||||
20 | subsection on behalf of the employee;
such contributions shall | ||||||
21 | be deemed to have been paid by the employee.
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22 | The State Universities Retirement System shall promptly | ||||||
23 | deposit all moneys
collected under this subsection (a) into | ||||||
24 | the Community College Health Insurance
Security Fund created | ||||||
25 | in Section 6.9 of this Act. The moneys collected under
this | ||||||
26 | Section shall be used only for the purposes authorized in |
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1 | Section 6.9 of
this Act and shall not be considered to be | ||||||
2 | assets of the State Universities
Retirement System. | ||||||
3 | Contributions made under this Section are not transferable
to | ||||||
4 | other pension funds or retirement systems and are not | ||||||
5 | refundable upon
termination of service.
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6 | (b) Beginning January 1, 1999 and through June 30, 2023 , | ||||||
7 | every community college district
(other than a community | ||||||
8 | college district subject to Article VII of the Public
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9 | Community College Act) or association
of community college | ||||||
10 | boards that is an employer under the State Universities
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11 | Retirement System shall contribute toward the cost of the | ||||||
12 | community college
health benefits provided under Section 6.9 | ||||||
13 | of this Act an amount equal to 0.50%
of the salary paid to its | ||||||
14 | full-time employees who participate in the State
Universities | ||||||
15 | Retirement System and are not members as defined in Section 3 | ||||||
16 | of
this Act. Beginning July 1, 2023 and through June 30, 2024, | ||||||
17 | the contribution rate shall be 0.75% of the salary. Beginning | ||||||
18 | July 1, 2024 and through June 30, 2026, the contribution rate | ||||||
19 | shall be a percentage of salary to be determined by the | ||||||
20 | Department of Central Management Services, which in each | ||||||
21 | fiscal year shall not exceed a 0.1 percentage point increase | ||||||
22 | in the amount of salary actually required to be contributed | ||||||
23 | for the previous fiscal year. Beginning July 1, 2026, the | ||||||
24 | contribution rate shall be a percentage of salary to be | ||||||
25 | determined by the Department of Central Management Services, | ||||||
26 | which in each fiscal year shall not exceed 105% of the |
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1 | percentage of salary actually required to be contributed for | ||||||
2 | the previous fiscal year.
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3 | These contributions shall be paid by the employer to the | ||||||
4 | State Universities
Retirement System as service agent for the | ||||||
5 | Department of Central Management
Services. The System may use | ||||||
6 | the same processes for collecting the
contributions required | ||||||
7 | by this subsection that it uses to collect the
contributions | ||||||
8 | received from those employers under Section 15-155 of the
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9 | Illinois Pension Code.
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10 | The State Universities Retirement System shall promptly | ||||||
11 | deposit all moneys
collected under this subsection (b) into | ||||||
12 | the Community College Health Insurance
Security Fund created | ||||||
13 | in Section 6.9 of this Act. The moneys collected under
this | ||||||
14 | Section shall be used only for the purposes authorized in | ||||||
15 | Section 6.9 of
this Act and shall not be considered to be | ||||||
16 | assets of the State Universities
Retirement System. | ||||||
17 | Contributions made under this Section are not transferable
to | ||||||
18 | other pension funds or retirement systems and are not | ||||||
19 | refundable upon
termination of service.
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20 | The Department of Central Management Services, or any | ||||||
21 | successor agency designated to procure healthcare contracts | ||||||
22 | pursuant to this Act, is authorized to establish funds, | ||||||
23 | separate accounts provided by any bank or banks as defined by | ||||||
24 | the Illinois Banking Act, or separate accounts provided by any | ||||||
25 | savings and loan association or associations as defined by the | ||||||
26 | Illinois Savings and Loan Act of 1985 to be held by the |
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1 | Director, outside the State treasury, for the purpose of | ||||||
2 | receiving the transfer of moneys from the Community College | ||||||
3 | Health Insurance Security Fund. The Department may promulgate | ||||||
4 | rules further defining the methodology for the transfers. Any | ||||||
5 | interest earned by moneys in the funds or accounts shall inure | ||||||
6 | to the Community College Health Insurance Security Fund. The | ||||||
7 | transferred moneys, and interest accrued thereon, shall be | ||||||
8 | used exclusively for transfers to administrative service | ||||||
9 | organizations or their financial institutions for payments of | ||||||
10 | claims to claimants and providers under the self-insurance | ||||||
11 | health plan. The transferred moneys, and interest accrued | ||||||
12 | thereon, shall not be used for any other purpose including, | ||||||
13 | but not limited to, reimbursement of administration fees due | ||||||
14 | the administrative service organization pursuant to its | ||||||
15 | contract or contracts with the Department.
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16 | (c) On or before November 15 of each year, the Board of | ||||||
17 | Trustees of the
State Universities Retirement System shall | ||||||
18 | certify to the Governor, the
Director of Central Management | ||||||
19 | Services, and the State
Comptroller its estimate of the total | ||||||
20 | amount of contributions to be paid under
subsection (a) of | ||||||
21 | this Section for the next fiscal year. Beginning in fiscal | ||||||
22 | year 2008, the amount certified shall be decreased or | ||||||
23 | increased each year by the amount that the actual active | ||||||
24 | employee contributions either fell short of or exceeded the | ||||||
25 | estimate used by the Board in making the certification for the | ||||||
26 | previous fiscal year. The State Universities Retirement System |
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1 | shall calculate the amount of actual active employee | ||||||
2 | contributions in fiscal years 1999 through 2005. Based upon | ||||||
3 | this calculation, the fiscal year 2008 certification shall | ||||||
4 | include an amount equal to the cumulative amount that the | ||||||
5 | actual active employee contributions either fell short of or | ||||||
6 | exceeded the estimate used by the Board in making the | ||||||
7 | certification for those fiscal years. The certification
shall | ||||||
8 | include a detailed explanation of the methods and information | ||||||
9 | that the
Board relied upon in preparing its estimate. As soon | ||||||
10 | as possible after the
effective date of this Section, the | ||||||
11 | Board shall submit its estimate for fiscal
year 1999.
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12 | On or after the effective date of this amendatory Act of | ||||||
13 | the 103rd General Assembly, but no later than June 30, 2023, | ||||||
14 | the Board shall recalculate and recertify to the Governor, the | ||||||
15 | Director of Central Management Services, and the State | ||||||
16 | Comptroller its estimate of the total amount of contributions | ||||||
17 | to be paid under subsection (a) for State fiscal year 2024, | ||||||
18 | taking into account the changes in required employee | ||||||
19 | contributions made by this amendatory Act of the 103rd General | ||||||
20 | Assembly. | ||||||
21 | (d) Beginning in fiscal year 1999, on the first day of each | ||||||
22 | month, or as
soon thereafter as may be practical, the State | ||||||
23 | Treasurer and the State
Comptroller shall transfer from the | ||||||
24 | General Revenue Fund to the Community
College Health Insurance | ||||||
25 | Security Fund 1/12 of the annual amount appropriated
for that | ||||||
26 | fiscal year to the State Comptroller for deposit into the |
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1 | Community
College Health Insurance Security Fund under Section | ||||||
2 | 1.4 of the State Pension
Funds Continuing Appropriation Act.
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3 | (e) Except where otherwise specified in this Section, the | ||||||
4 | definitions
that apply to Article 15 of the Illinois Pension | ||||||
5 | Code apply to this Section.
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6 | (Source: P.A. 98-488, eff. 8-16-13 .)
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7 | Section 5-15. The State Treasurer Act is amended by | ||||||
8 | changing Section 16.8 as follows: | ||||||
9 | (15 ILCS 505/16.8) | ||||||
10 | Sec. 16.8. Illinois Higher Education Savings Program. | ||||||
11 | (a) Definitions. As used in this Section: | ||||||
12 | "Beneficiary" means an eligible child named as a recipient | ||||||
13 | of seed funds. | ||||||
14 | "Eligible child" means a child born or adopted after | ||||||
15 | December 31, 2022, to a parent who is a resident of Illinois at | ||||||
16 | the time of the birth or adoption, as evidenced by | ||||||
17 | documentation received by the Treasurer from the Department of | ||||||
18 | Revenue, the Department of Public Health, or another State or | ||||||
19 | local government agency. | ||||||
20 | "Eligible educational institution" means institutions that | ||||||
21 | are described in Section 1001 of the federal Higher Education | ||||||
22 | Act of 1965 that are eligible to participate in Department of | ||||||
23 | Education student aid programs. | ||||||
24 | "Fund" means the Illinois Higher Education Savings Program |
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1 | Fund. | ||||||
2 | "Omnibus account" means the pooled collection of seed | ||||||
3 | funds owned and managed by the State Treasurer in the College | ||||||
4 | Savings Pool under this Act. | ||||||
5 | "Program" means the Illinois Higher Education Savings | ||||||
6 | Program. | ||||||
7 | "Qualified higher education expense" means the following: | ||||||
8 | (i) tuition, fees, and the costs of books, supplies, and | ||||||
9 | equipment required for enrollment or attendance at an eligible | ||||||
10 | educational institution; (ii) expenses for special needs | ||||||
11 | services, in the case of a special needs beneficiary, which | ||||||
12 | are incurred in connection with such enrollment or attendance; | ||||||
13 | (iii) certain expenses for the purchase of computer or | ||||||
14 | peripheral equipment, computer software, or Internet access | ||||||
15 | and related services as defined under Section 529 of the | ||||||
16 | Internal Revenue Code; (iv) room and board expenses incurred | ||||||
17 | while attending an eligible educational institution at least | ||||||
18 | half-time; (v) expenses for fees, books, supplies, and | ||||||
19 | equipment required for the participation of a designated | ||||||
20 | beneficiary in an apprenticeship program registered and | ||||||
21 | certified with the Secretary of Labor under the National | ||||||
22 | Apprenticeship Act (29 U.S.C. 50); and (vi) amounts paid as | ||||||
23 | principal or interest on any qualified education loan of the | ||||||
24 | designated beneficiary or a sibling of the designated | ||||||
25 | beneficiary, as allowed under Section 529 of the Internal | ||||||
26 | Revenue Code. |
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1 | "Seed funds" means the deposit made by the State Treasurer | ||||||
2 | into the Omnibus Accounts for Program beneficiaries. | ||||||
3 | (b) Program established. The State Treasurer shall | ||||||
4 | establish the Illinois Higher Education Savings Program as a | ||||||
5 | part of the College Savings Pool under Section 16.5 of this | ||||||
6 | Act, subject to appropriation by the General Assembly. The | ||||||
7 | State Treasurer shall administer the Program for the purposes | ||||||
8 | of expanding access to higher education through savings. | ||||||
9 | (c) Program enrollment. The State Treasurer shall enroll | ||||||
10 | all eligible children in the Program beginning in 2023, after | ||||||
11 | receiving records of recent births, adoptions, or dependents | ||||||
12 | from the Department of Revenue, the Department of Public | ||||||
13 | Health, or another State or local government agency designated | ||||||
14 | by the Treasurer. Notwithstanding any court order which would | ||||||
15 | otherwise prevent the release of information, the Department | ||||||
16 | of Public Health is authorized to release the information | ||||||
17 | specified under this subsection (c) to the State Treasurer for | ||||||
18 | the purposes of the Program established under this Section. | ||||||
19 | (1) Beginning in 2021, the Department of Public Health | ||||||
20 | shall provide the State Treasurer with information on | ||||||
21 | recent Illinois births and adoptions including, but not | ||||||
22 | limited to: the full name, residential address, birth | ||||||
23 | date, and birth record number of the child and the full | ||||||
24 | name and residential address of the child's parent or | ||||||
25 | legal guardian for the purpose of enrolling eligible | ||||||
26 | children in the Program. This data shall be provided to |
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1 | the State Treasurer by the Department of Public Health on | ||||||
2 | a quarterly basis, no later than 30 days after the end of | ||||||
3 | each quarter, or some other date and frequency as mutually | ||||||
4 | agreed to by the State Treasurer and the Department of | ||||||
5 | Public Health. | ||||||
6 | (1.5) Beginning in 2021, the Department of Revenue | ||||||
7 | shall provide the State Treasurer with information on tax | ||||||
8 | filers claiming dependents or the adoption tax credit | ||||||
9 | including, but not limited to: the full name, residential | ||||||
10 | address, email address, phone number, birth date, and | ||||||
11 | social security number or taxpayer identification number | ||||||
12 | of the dependent child and of the child's parent or legal | ||||||
13 | guardian for the purpose of enrolling eligible children in | ||||||
14 | the Program. This data shall be provided to the State | ||||||
15 | Treasurer by the Department of Revenue on at least an | ||||||
16 | annual basis, by July 1 of each year or another date | ||||||
17 | jointly determined by the State Treasurer and the | ||||||
18 | Department of Revenue. Notwithstanding anything to the | ||||||
19 | contrary contained within this paragraph (2), the | ||||||
20 | Department of Revenue shall not be required to share any | ||||||
21 | information that would be contrary to federal law, | ||||||
22 | regulation, or Internal Revenue Service Publication 1075. | ||||||
23 | (2) The State Treasurer shall ensure the security and | ||||||
24 | confidentiality of the information provided by the | ||||||
25 | Department of Revenue, the Department of Public Health, or | ||||||
26 | another State or local government agency, and it shall not |
| |||||||
| |||||||
1 | be subject to release under the Freedom of Information | ||||||
2 | Act. | ||||||
3 | (3) Information provided under this Section shall only | ||||||
4 | be used by the State Treasurer for the Program and shall | ||||||
5 | not be used for any other purpose. | ||||||
6 | (4) The State Treasurer and any vendors working on the | ||||||
7 | Program shall maintain strict confidentiality of any | ||||||
8 | information provided under this Section, and shall | ||||||
9 | promptly provide written or electronic notice to the | ||||||
10 | providing agency of any security breach. The providing | ||||||
11 | State or local government agency shall remain the sole and | ||||||
12 | exclusive owner of information provided under this | ||||||
13 | Section. | ||||||
14 | (d) Seed funds. After receiving information on recent | ||||||
15 | births, adoptions, or dependents from the Department of | ||||||
16 | Revenue, the Department of Public Health, or another State or | ||||||
17 | local government agency, the State Treasurer shall make | ||||||
18 | deposits into an omnibus account on behalf of eligible | ||||||
19 | children. The State Treasurer shall be the owner of the | ||||||
20 | omnibus accounts. | ||||||
21 | (1) Deposit amount. The seed fund deposit for each | ||||||
22 | eligible child shall be in the amount of $50. This amount | ||||||
23 | may be increased by the State Treasurer by rule. The State | ||||||
24 | Treasurer may use or deposit funds appropriated by the | ||||||
25 | General Assembly together with moneys received as gifts, | ||||||
26 | grants, or contributions into the Fund. If insufficient |
| |||||||
| |||||||
1 | funds are available in the Fund, the State Treasurer may | ||||||
2 | reduce the deposit amount or forego deposits. | ||||||
3 | (2) Use of seed funds. Seed funds, including any | ||||||
4 | interest, dividends, and other earnings accrued, will be | ||||||
5 | eligible for use by a beneficiary for qualified higher | ||||||
6 | education expenses if: | ||||||
7 | (A) the parent or guardian of the eligible child | ||||||
8 | claimed the seed funds for the beneficiary by the | ||||||
9 | beneficiary's 10th birthday; | ||||||
10 | (B) the beneficiary has completed secondary | ||||||
11 | education or has reached the age of 18; and | ||||||
12 | (C) the beneficiary is currently a resident of the | ||||||
13 | State of Illinois. Non-residents are not eligible to | ||||||
14 | claim or use seed funds. | ||||||
15 | (3) Notice of seed fund availability. The State | ||||||
16 | Treasurer shall make a good faith effort to notify | ||||||
17 | beneficiaries and their parents or legal guardians of the | ||||||
18 | seed funds' availability and the deadline to claim such | ||||||
19 | funds. | ||||||
20 | (4) Unclaimed seed funds. Seed funds and any interest | ||||||
21 | earnings that are unclaimed by the beneficiary's 10th | ||||||
22 | birthday or unused by the beneficiary's 26th birthday will | ||||||
23 | be considered forfeited. Unclaimed and unused seed funds | ||||||
24 | and any interest earnings will remain in the omnibus | ||||||
25 | account for future beneficiaries. | ||||||
26 | (e) Financial education. The State Treasurer may develop |
| |||||||
| |||||||
1 | educational materials that support the financial literacy of | ||||||
2 | beneficiaries and their legal guardians, and may do so in | ||||||
3 | collaboration with State and federal agencies, including, but | ||||||
4 | not limited to, the Illinois State Board of Education and | ||||||
5 | existing nonprofit agencies with expertise in financial | ||||||
6 | literacy and education. | ||||||
7 | (f) Supplementary deposits and partnerships. The State | ||||||
8 | Treasurer may make supplementary deposits to children in | ||||||
9 | financially insecure households if sufficient funds are | ||||||
10 | available. Furthermore, the State Treasurer may develop | ||||||
11 | partnerships with private, nonprofit, or governmental | ||||||
12 | organizations to provide additional savings incentives, | ||||||
13 | including conditional cash transfers or matching contributions | ||||||
14 | that provide a savings incentive based on specific actions | ||||||
15 | taken or other criteria. | ||||||
16 | (g) Illinois Higher Education Savings Program Fund. The | ||||||
17 | Illinois Higher Education Savings Program Fund is hereby | ||||||
18 | established as a special fund in the State treasury. The Fund | ||||||
19 | shall be the official repository of all contributions, | ||||||
20 | appropriated funds, interest, and dividend payments, gifts, or | ||||||
21 | other financial assets received by the State Treasurer in | ||||||
22 | connection with the operation of the Program or related | ||||||
23 | partnerships. All such moneys shall be deposited into in the | ||||||
24 | Fund and held by the State Treasurer as custodian thereof. The | ||||||
25 | State Treasurer may accept gifts, grants, awards, matching | ||||||
26 | contributions, interest income, and appropriated funds from |
| |||||||
| |||||||
1 | individuals, businesses, governments, and other third-party | ||||||
2 | sources to implement the Program on terms that the Treasurer | ||||||
3 | deems advisable. All interest or other earnings accruing or | ||||||
4 | received on amounts in the Illinois Higher Education Savings | ||||||
5 | Program Fund shall be credited to and retained by the Fund and | ||||||
6 | used for the benefit of the Program. Assets of the Fund must at | ||||||
7 | all times be preserved, invested, and expended only for the | ||||||
8 | purposes of the Program and must be held for the benefit of the | ||||||
9 | beneficiaries. Assets may not be transferred or used by the | ||||||
10 | State or the State Treasurer for any purposes other than the | ||||||
11 | purposes of the Program. In addition, no moneys, interest, or | ||||||
12 | other earnings paid into the Fund shall be used, temporarily | ||||||
13 | or otherwise, for inter-fund borrowing or be otherwise used or | ||||||
14 | appropriated except as expressly authorized by this Act. | ||||||
15 | Notwithstanding the requirements of this subsection (g), | ||||||
16 | amounts in the Fund may be used by the State Treasurer to pay | ||||||
17 | the administrative costs of the Program. | ||||||
18 | (g-5) Fund deposits and payments. On July 15 of each year, | ||||||
19 | beginning July 15, 2023, or as soon thereafter as practical, | ||||||
20 | the State Comptroller shall direct and the State Treasurer | ||||||
21 | shall transfer the sum of $2,500,000, or the amount that is | ||||||
22 | appropriated annually by the General Assembly, whichever is | ||||||
23 | greater, from the General Revenue Fund to the Illinois Higher | ||||||
24 | Education Savings Program Fund to be used for the | ||||||
25 | administration and operation of the Program. | ||||||
26 | (h) Audits and reports. The State Treasurer shall include |
| |||||||
| |||||||
1 | the Illinois Higher Education Savings Program as part of the | ||||||
2 | audit of the College Savings Pool described in Section 16.5. | ||||||
3 | The State Treasurer shall annually prepare a report that | ||||||
4 | includes a summary of the Program operations for the preceding | ||||||
5 | fiscal year, including the number of children enrolled in the | ||||||
6 | Program, the total amount of seed fund deposits, the rate of | ||||||
7 | seed deposits claimed, and, to the extent data is reported and | ||||||
8 | available, the racial, ethnic, socioeconomic, and geographic | ||||||
9 | data of beneficiaries and of children in financially insecure | ||||||
10 | households who may receive automatic bonus deposits. Such | ||||||
11 | other information that is relevant to make a full disclosure | ||||||
12 | of the operations of the Program and Fund may also be reported. | ||||||
13 | The report shall be made available on the Treasurer's website | ||||||
14 | by January 31 each year, starting in January of 2024. The State | ||||||
15 | Treasurer may include the Program in other reports as | ||||||
16 | warranted. | ||||||
17 | (i) Rules. The State Treasurer may adopt rules necessary | ||||||
18 | to implement this Section.
| ||||||
19 | (Source: P.A. 101-466, eff. 1-1-20; 102-129, eff. 7-23-21; | ||||||
20 | 102-558, eff. 8-20-21; 102-1047, eff. 1-1-23 .) | ||||||
21 | Section 5-16. The Community Development Loan Guarantee Act | ||||||
22 | is amended by changing Section 30-35 and by adding Section | ||||||
23 | 30-36 as follows: | ||||||
24 | (15 ILCS 516/30-35)
|
| |||||||
| |||||||
1 | Sec. 30-35. Limitations on funding. The State Treasurer | ||||||
2 | may allocate use up to $10,000,000 of investment earnings each | ||||||
3 | year for the Loan Guarantee Program, provided that no more | ||||||
4 | than $50,000,000 may be used for guaranteeing loans at any | ||||||
5 | given time. The State Treasurer shall make the allocation to | ||||||
6 | the Loan Guarantee Administrative Trust Fund prior to | ||||||
7 | allocating interest from the gross earnings of the State | ||||||
8 | investment portfolio.
| ||||||
9 | (Source: P.A. 101-657, eff. 3-23-21.) | ||||||
10 | (15 ILCS 516/30-36 new) | ||||||
11 | Sec. 30-36. Loan Guarantee Administrative Trust Fund. The | ||||||
12 | Loan Guarantee Administrative Trust Fund is created as a | ||||||
13 | nonappropriated trust fund within the State treasury. Moneys | ||||||
14 | in the Fund may be used by the State Treasurer to guarantee | ||||||
15 | loans and to cover administrative expenses related to the | ||||||
16 | Program. The Fund may receive any grants or other moneys | ||||||
17 | designated for administrative purposes from the State, from | ||||||
18 | any unit of federal, State, or local government, or from any | ||||||
19 | other person, firm, partnership, or corporation. | ||||||
20 | Section 5-17. The Substance Use Disorder Act is amended by | ||||||
21 | changing Section 5-10 as follows:
| ||||||
22 | (20 ILCS 301/5-10)
| ||||||
23 | Sec. 5-10. Functions of the Department.
|
| |||||||
| |||||||
1 | (a) In addition to the powers, duties and functions vested | ||||||
2 | in the Department
by this Act, or by other laws of this State, | ||||||
3 | the Department shall carry out the
following activities:
| ||||||
4 | (1) Design, coordinate and fund comprehensive
| ||||||
5 | community-based and culturally and gender-appropriate | ||||||
6 | services
throughout the State. These services must include
| ||||||
7 | prevention, early intervention, treatment, and other
| ||||||
8 | recovery support services for substance use disorders that
| ||||||
9 | are accessible and address addresses the needs of at-risk
| ||||||
10 | individuals and their families.
| ||||||
11 | (2) Act as the exclusive State agency to accept, | ||||||
12 | receive and expend,
pursuant to appropriation, any public | ||||||
13 | or private monies, grants or services,
including those | ||||||
14 | received from the federal government or from other State
| ||||||
15 | agencies, for the purpose of providing prevention, early
| ||||||
16 | intervention, treatment, and other recovery support
| ||||||
17 | services for substance use disorders.
| ||||||
18 | (2.5) In partnership with the Department of Healthcare | ||||||
19 | and Family Services, act as one of the principal State | ||||||
20 | agencies for the sole purpose of calculating the | ||||||
21 | maintenance of effort requirement under Section 1930 of | ||||||
22 | Title XIX, Part B, Subpart II of the Public Health Service | ||||||
23 | Act (42 U.S.C. 300x-30) and the Interim Final Rule (45 CFR | ||||||
24 | 96.134). | ||||||
25 | (3) Coordinate a statewide strategy for the
| ||||||
26 | prevention, early intervention,
treatment, and recovery |
| |||||||
| |||||||
1 | support of substance use
disorders. This strategy shall | ||||||
2 | include the development of a
comprehensive plan, submitted | ||||||
3 | annually with the
application for federal substance use | ||||||
4 | disorder block grant
funding, for the provision of an | ||||||
5 | array of such services. The plan shall be based on local | ||||||
6 | community-based needs and upon
data including, but not | ||||||
7 | limited to, that which defines the prevalence of and
costs | ||||||
8 | associated with substance use
disorders.
This | ||||||
9 | comprehensive plan shall include identification of | ||||||
10 | problems, needs,
priorities, services and other pertinent | ||||||
11 | information, including the needs of
minorities and other | ||||||
12 | specific priority populations in the State, and shall | ||||||
13 | describe how
the identified problems and needs will be | ||||||
14 | addressed. For purposes of this
paragraph, the term | ||||||
15 | "minorities and other specific priority populations" may | ||||||
16 | include,
but shall not be limited to, groups such as | ||||||
17 | women, children, intravenous drug
users, persons with AIDS | ||||||
18 | or who are HIV infected, veterans, African-Americans, | ||||||
19 | Puerto
Ricans, Hispanics, Asian Americans, the elderly, | ||||||
20 | persons in the criminal
justice system, persons who are | ||||||
21 | clients of services provided by other State
agencies, | ||||||
22 | persons with disabilities and such other specific | ||||||
23 | populations as the
Department may from time to time | ||||||
24 | identify. In developing the plan, the
Department shall | ||||||
25 | seek input from providers, parent groups, associations and
| ||||||
26 | interested citizens.
|
| |||||||
| |||||||
1 | The plan
developed under this Section shall include an | ||||||
2 | explanation of the rationale to
be used in ensuring that | ||||||
3 | funding shall be based upon local community needs,
| ||||||
4 | including, but not limited to, the incidence and | ||||||
5 | prevalence of, and costs
associated with, substance use
| ||||||
6 | disorders, as
well as upon demonstrated program | ||||||
7 | performance.
| ||||||
8 | The plan developed under this Section shall
also | ||||||
9 | contain a report detailing the activities of and progress | ||||||
10 | made through services for the
care and treatment of | ||||||
11 | substance use disorders among
pregnant women and mothers | ||||||
12 | and their children established
under subsection (j) of | ||||||
13 | Section 35-5.
| ||||||
14 | As applicable, the plan developed under this Section
| ||||||
15 | shall also include information about funding by other | ||||||
16 | State
agencies for prevention, early intervention, | ||||||
17 | treatment,
and other recovery support services.
| ||||||
18 | (4) Lead, foster and develop cooperation, coordination | ||||||
19 | and agreements
among federal and State governmental | ||||||
20 | agencies and local providers that provide
assistance, | ||||||
21 | services, funding or other functions, peripheral or | ||||||
22 | direct, in the
prevention, early intervention, treatment,
| ||||||
23 | and recovery support for substance use disorders. This | ||||||
24 | shall include, but shall not be limited to,
the following:
| ||||||
25 | (A) Cooperate with and assist other State
| ||||||
26 | agencies, as applicable, in establishing and
|
| |||||||
| |||||||
1 | conducting substance use disorder services among the
| ||||||
2 | populations they respectively serve.
| ||||||
3 | (B) Cooperate with and assist the Illinois | ||||||
4 | Department of Public Health
in the establishment, | ||||||
5 | funding and support of programs and services for the
| ||||||
6 | promotion of maternal and child health and the | ||||||
7 | prevention and treatment of
infectious diseases, | ||||||
8 | including but not limited to HIV infection, especially
| ||||||
9 | with respect to those persons who are high risk due to
| ||||||
10 | intravenous injection of illegal drugs, or who may | ||||||
11 | have
been sexual partners of these individuals, or who | ||||||
12 | may
have impaired immune systems as a result of a
| ||||||
13 | substance use disorder.
| ||||||
14 | (C) Supply to the Department of Public Health and | ||||||
15 | prenatal care
providers a list of all providers who | ||||||
16 | are
licensed to provide substance use disorder | ||||||
17 | treatment
for pregnant women in this State.
| ||||||
18 | (D) Assist in the placement of child abuse or | ||||||
19 | neglect perpetrators
(identified by the Illinois | ||||||
20 | Department of Children and Family Services (DCFS)) who
| ||||||
21 | have been determined to be in need of substance use
| ||||||
22 | disorder treatment
pursuant to Section 8.2 of the | ||||||
23 | Abused and Neglected Child Reporting Act.
| ||||||
24 | (E) Cooperate with and assist DCFS in carrying out | ||||||
25 | its mandates to:
| ||||||
26 | (i) identify substance use disorders among its |
| |||||||
| |||||||
1 | clients and
their families; and
| ||||||
2 | (ii) develop services to deal with such | ||||||
3 | disorders.
| ||||||
4 | These services may include, but shall not be limited | ||||||
5 | to,
programs to prevent or treat substance
use | ||||||
6 | disorders with DCFS clients and their families,
| ||||||
7 | identifying child care needs within such treatment, | ||||||
8 | and assistance with other
issues as required.
| ||||||
9 | (F) Cooperate with and assist the Illinois | ||||||
10 | Criminal Justice Information
Authority with respect to | ||||||
11 | statistical and other information concerning the | ||||||
12 | incidence and prevalence of substance use
disorders.
| ||||||
13 | (G) Cooperate with and assist the State | ||||||
14 | Superintendent of Education,
boards of education, | ||||||
15 | schools, police departments, the Illinois State | ||||||
16 | Police, courts and other public and private agencies | ||||||
17 | and individuals in
establishing prevention programs | ||||||
18 | statewide and preparing curriculum materials
for use | ||||||
19 | at all levels of education.
| ||||||
20 | (H) Cooperate with and assist the Illinois | ||||||
21 | Department of Healthcare and Family Services in
the | ||||||
22 | development and provision of services offered to | ||||||
23 | recipients of public
assistance for the treatment and | ||||||
24 | prevention of substance use disorders.
| ||||||
25 | (I) (Blank).
| ||||||
26 | (5) From monies appropriated to the Department from |
| |||||||
| |||||||
1 | the Drunk and Drugged
Driving Prevention Fund, reimburse | ||||||
2 | DUI evaluation and risk
education programs licensed by the | ||||||
3 | Department for providing
indigent persons with free or | ||||||
4 | reduced-cost evaluation and risk education services | ||||||
5 | relating to a charge of
driving under the influence of | ||||||
6 | alcohol or other drugs.
| ||||||
7 | (6) Promulgate regulations to identify and disseminate | ||||||
8 | best practice guidelines that can be utilized by publicly
| ||||||
9 | and privately funded programs as well as for levels of | ||||||
10 | payment to government
funded programs that provide | ||||||
11 | prevention,
early intervention, treatment, and other | ||||||
12 | recovery support services for substance use disorders and | ||||||
13 | those services referenced in Sections 15-10
and 40-5.
| ||||||
14 | (7) In consultation with providers and
related trade | ||||||
15 | associations, specify a uniform
methodology for use by | ||||||
16 | funded providers and the
Department for billing
and | ||||||
17 | collection and dissemination of statistical information
| ||||||
18 | regarding services related to substance use
disorders.
| ||||||
19 | (8) Receive data and assistance from federal, State | ||||||
20 | and local governmental
agencies, and obtain copies of | ||||||
21 | identification and arrest data from all federal,
State and | ||||||
22 | local law enforcement agencies for use in carrying out the | ||||||
23 | purposes
and functions of the Department.
| ||||||
24 | (9) Designate and license providers to conduct | ||||||
25 | screening, assessment,
referral and tracking of clients | ||||||
26 | identified by the criminal justice system as
having |
| |||||||
| |||||||
1 | indications of substance use
disorders and being
eligible | ||||||
2 | to make an election for treatment under Section 40-5 of | ||||||
3 | this Act, and
assist in the placement of individuals who | ||||||
4 | are under court order to participate
in treatment.
| ||||||
5 | (10) Identify and disseminate evidence-based best | ||||||
6 | practice guidelines as maintained in administrative rule | ||||||
7 | that can be utilized to determine a substance use disorder | ||||||
8 | diagnosis.
| ||||||
9 | (11) (Blank).
| ||||||
10 | (12) Make grants with funds appropriated from the Drug | ||||||
11 | Treatment Fund in
accordance with Section 7 of the | ||||||
12 | Controlled Substance and Cannabis Nuisance
Act, or in | ||||||
13 | accordance with Section 80 of the Methamphetamine Control | ||||||
14 | and Community Protection Act, or in accordance with | ||||||
15 | subsections (h) and (i) of Section 411.2 of the
Illinois | ||||||
16 | Controlled Substances Act, or in accordance with Section | ||||||
17 | 6z-107 of the State Finance Act.
| ||||||
18 | (13) Encourage all health and disability insurance | ||||||
19 | programs to include
substance use disorder
treatment as a | ||||||
20 | covered service and to use evidence-based best practice | ||||||
21 | criteria as maintained in administrative rule and as | ||||||
22 | required in Public Act 99-0480 in determining the | ||||||
23 | necessity for such services and continued stay.
| ||||||
24 | (14) Award grants and enter into fixed-rate and | ||||||
25 | fee-for-service arrangements
with any other department, | ||||||
26 | authority or commission of this State, or any other
state |
| |||||||
| |||||||
1 | or the federal government or with any public or private | ||||||
2 | agency, including
the disbursement of funds and furnishing | ||||||
3 | of staff, to effectuate the purposes
of this Act.
| ||||||
4 | (15) Conduct a public information campaign to inform | ||||||
5 | the State's
Hispanic residents regarding the prevention | ||||||
6 | and treatment of substance use disorders.
| ||||||
7 | (b) In addition to the powers, duties and functions vested | ||||||
8 | in it by this
Act, or by other laws of this State, the | ||||||
9 | Department may undertake, but shall
not be limited to, the | ||||||
10 | following activities:
| ||||||
11 | (1) Require all organizations licensed or funded by | ||||||
12 | the Department to include an education
component to inform | ||||||
13 | participants regarding the causes and means of | ||||||
14 | transmission
and methods of reducing the risk of acquiring | ||||||
15 | or transmitting HIV infection and other infectious
| ||||||
16 | diseases,
and to include funding for such education | ||||||
17 | component in its support of the
program.
| ||||||
18 | (2) Review all State agency applications for federal | ||||||
19 | funds that include
provisions relating to the prevention, | ||||||
20 | early intervention and treatment of
substance use
| ||||||
21 | disorders in order to ensure consistency.
| ||||||
22 | (3) Prepare, publish, evaluate, disseminate and serve | ||||||
23 | as a central
repository for educational materials dealing | ||||||
24 | with the nature and effects of
substance use disorders. | ||||||
25 | Such materials may deal with
the educational needs of the | ||||||
26 | citizens of Illinois, and may include at least
pamphlets |
| |||||||
| |||||||
1 | that describe the causes and effects of fetal alcohol
| ||||||
2 | spectrum disorders.
| ||||||
3 | (4) Develop and coordinate, with regional and local | ||||||
4 | agencies, education
and training programs for persons | ||||||
5 | engaged in providing services
for persons with
substance | ||||||
6 | use disorders,
which programs may include specific HIV | ||||||
7 | education and training for program
personnel.
| ||||||
8 | (5) Cooperate with and assist in the development of | ||||||
9 | education, prevention, early intervention,
and treatment | ||||||
10 | programs for employees of State and local governments and
| ||||||
11 | businesses in the State.
| ||||||
12 | (6) Utilize the support and assistance of interested | ||||||
13 | persons in the
community, including recovering persons, to | ||||||
14 | assist individuals
and communities in understanding the | ||||||
15 | dynamics of substance use
disorders, and to encourage
| ||||||
16 | individuals with substance use disorders to
voluntarily | ||||||
17 | undergo treatment.
| ||||||
18 | (7) Promote, conduct, assist or sponsor basic | ||||||
19 | clinical, epidemiological
and statistical research into | ||||||
20 | substance use disorders
and research into the prevention | ||||||
21 | of those problems either solely or in
conjunction with any | ||||||
22 | public or private agency.
| ||||||
23 | (8) Cooperate with public and private agencies, | ||||||
24 | organizations and
individuals in the development of | ||||||
25 | programs, and to provide technical assistance
and | ||||||
26 | consultation services for this purpose.
|
| |||||||
| |||||||
1 | (9) (Blank).
| ||||||
2 | (10) (Blank).
| ||||||
3 | (11) Fund, promote, or assist entities dealing with
| ||||||
4 | substance use disorders.
| ||||||
5 | (12) With monies appropriated from the Group Home Loan | ||||||
6 | Revolving Fund,
make loans, directly or through | ||||||
7 | subcontract, to assist in underwriting the
costs of | ||||||
8 | housing in which individuals recovering from substance use
| ||||||
9 | disorders may reside, pursuant
to Section 50-40 of this | ||||||
10 | Act.
| ||||||
11 | (13) Promulgate such regulations as may be necessary | ||||||
12 | to carry out the purposes and enforce the
provisions of | ||||||
13 | this Act.
| ||||||
14 | (14) Provide funding to help parents be effective in | ||||||
15 | preventing
substance use disorders by building an | ||||||
16 | awareness of the family's
role in preventing substance use | ||||||
17 | disorders through adjusting expectations, developing new | ||||||
18 | skills,
and setting positive family goals. The programs | ||||||
19 | shall include, but not be
limited to, the following | ||||||
20 | subjects: healthy family communication; establishing
rules | ||||||
21 | and limits; how to reduce family conflict; how to build | ||||||
22 | self-esteem,
competency, and responsibility in children; | ||||||
23 | how to improve motivation and
achievement; effective | ||||||
24 | discipline; problem solving techniques; and how to talk
| ||||||
25 | about drugs and alcohol. The programs shall be open to all | ||||||
26 | parents.
|
| |||||||
| |||||||
1 | (15) Establish an Opioid Remediation Services Capital
| ||||||
2 | Investment Grant Program. The Department may, subject to | ||||||
3 | appropriation and approval through the Opioid Overdose | ||||||
4 | Prevention and Recovery Steering Committee, after | ||||||
5 | recommendation by the Illinois Opioid Remediation Advisory | ||||||
6 | Board, and certification by the Office of the Attorney | ||||||
7 | General, make capital improvement grants to units of local | ||||||
8 | government and substance use prevention, treatment, and | ||||||
9 | recovery service providers addressing opioid remediation | ||||||
10 | in the State for approved abatement uses under the | ||||||
11 | Illinois Opioid Allocation Agreement. The Illinois Opioid | ||||||
12 | Remediation State Trust Fund shall be the source of | ||||||
13 | funding for the program. Eligible grant recipients shall | ||||||
14 | be units of local government and substance use prevention, | ||||||
15 | treatment, and recovery service providers that offer | ||||||
16 | facilities and services in a manner that supports and | ||||||
17 | meets the approved uses of the opioid settlement funds. | ||||||
18 | Eligible grant recipients have no entitlement to a grant | ||||||
19 | under this Section. The Department of Human Services may | ||||||
20 | consult with the Capital Development Board, the Department | ||||||
21 | of Commerce and Economic Opportunity, and the Illinois | ||||||
22 | Housing Development Authority to adopt rules to implement | ||||||
23 | this Section and may create a competitive application | ||||||
24 | procedure for grants to be awarded. The rules may specify | ||||||
25 | the manner of applying for grants; grantee eligibility | ||||||
26 | requirements; project eligibility requirements; |
| |||||||
| |||||||
1 | restrictions on the use of grant moneys; the manner in | ||||||
2 | which grantees must account for the use of grant moneys; | ||||||
3 | and any other provision that the Department of Human | ||||||
4 | Services determines to be necessary or useful for the | ||||||
5 | administration of this Section. Rules may include a | ||||||
6 | requirement for grantees to provide local matching funds | ||||||
7 | in an amount equal to a specific percentage of the grant. | ||||||
8 | No portion of an opioid remediation services capital | ||||||
9 | investment grant awarded under this Section may be used by | ||||||
10 | a grantee to pay for any ongoing operational costs or | ||||||
11 | outstanding debt. 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 in the management and | ||||||
15 | disbursement of funds for capital-related projects. The | ||||||
16 | Capital Development Board, the Department of Commerce and | ||||||
17 | Economic Opportunity, and the Illinois Housing Development | ||||||
18 | Authority shall act in a consulting role only for the | ||||||
19 | evaluation of applicants, scoring of applicants, or | ||||||
20 | administration of the grant program. | ||||||
21 | (c) There is created within the Department of Human | ||||||
22 | Services an Office of Opioid Settlement Administration. The | ||||||
23 | Office shall be responsible for implementing and administering | ||||||
24 | approved abatement programs as described in Exhibit B of the | ||||||
25 | Illinois Opioid Allocation Agreement, effective December 30, | ||||||
26 | 2021. The Office may also implement and administer other |
| |||||||
| |||||||
1 | opioid-related programs, including but not limited to | ||||||
2 | prevention, treatment, and recovery services from other funds | ||||||
3 | made available to the Department of Human Services. The | ||||||
4 | Secretary of Human Services shall appoint or assign staff as | ||||||
5 | necessary to carry out the duties and functions of the Office. | ||||||
6 | (Source: P.A. 101-10, eff. 6-5-19; 102-538, eff. 8-20-21; | ||||||
7 | 102-699, eff. 4-19-22.)
| ||||||
8 | Section 5-20. The Department of Central Management | ||||||
9 | Services Law of the
Civil Administrative Code of Illinois is | ||||||
10 | amended by changing Section 405-293 as follows: | ||||||
11 | (20 ILCS 405/405-293)
| ||||||
12 | Sec. 405-293. Professional Services. | ||||||
13 | (a) The Department of Central Management Services (the | ||||||
14 | "Department") is responsible for providing professional | ||||||
15 | services for or on behalf of State agencies for all functions | ||||||
16 | transferred to the Department by Executive Order No. 2003-10 | ||||||
17 | (as modified by Section 5.5 of the Executive Reorganization | ||||||
18 | Implementation Act) and may, with the approval of the | ||||||
19 | Governor, provide additional services to or on behalf of State | ||||||
20 | agencies. To the extent not compensated by direct fund | ||||||
21 | transfers, the Department shall be reimbursed from each State | ||||||
22 | agency receiving the benefit of these services. The | ||||||
23 | reimbursement shall be determined by the Director of Central | ||||||
24 | Management Services as the amount required to reimburse the |
| |||||||
| |||||||
1 | Professional Services Fund for the Department's costs of | ||||||
2 | rendering the professional services on behalf of that State | ||||||
3 | agency. For purposes of this Section, funds due the Department | ||||||
4 | for professional services may be made through appropriations | ||||||
5 | to the Department from the General Revenue Fund, as determined | ||||||
6 | by and provided for by the General Assembly. | ||||||
7 | (a-5) The Department of Central Management Services may | ||||||
8 | provide professional services and other services as authorized | ||||||
9 | by subsection (a) for or on behalf of other State entities with | ||||||
10 | the approval of both the Director of Central Management | ||||||
11 | Services and the appropriate official or governing body of the | ||||||
12 | other State entity.
| ||||||
13 | (b) For the purposes of this Section, "State agency" means | ||||||
14 | each State agency, department, board, and commission directly | ||||||
15 | responsible to the Governor. "Professional services" means | ||||||
16 | legal services, internal audit services, and other services as | ||||||
17 | approved by the Governor. "Other State entity" means the | ||||||
18 | Illinois State Board of Education and the Illinois State Toll | ||||||
19 | Highway Authority.
| ||||||
20 | (Source: P.A. 93-839, eff. 7-30-04; 94-91, eff. 7-1-05.) | ||||||
21 | Section 5-25. The Children and Family Services Act is | ||||||
22 | amended by changing Section 25 as follows:
| ||||||
23 | (20 ILCS 505/25) (from Ch. 23, par. 5025)
| ||||||
24 | Sec. 25. Funds Grants, gifts, or legacies ; Putative Father |
| |||||||
| |||||||
1 | Registry fees.
| ||||||
2 | (a) The DCFS Special Purposes Trust Fund is created as a | ||||||
3 | trust fund in the State treasury. The Department is authorized | ||||||
4 | to accept and deposit into the Fund moneys received from | ||||||
5 | grants, gifts, or any other source, public or private, in | ||||||
6 | support of the activities authorized by this Act or on behalf | ||||||
7 | of any institution or program of the Department. Moneys | ||||||
8 | received from federal sources or pursuant to Section 8.27 of | ||||||
9 | the State Finance Act or Section 5-9-1.8 of the Unified Code of | ||||||
10 | Corrections shall not be deposited into the Fund To accept and | ||||||
11 | hold in behalf of the State, if for the public
interest, a | ||||||
12 | grant, gift or legacy of money or property to the
State of | ||||||
13 | Illinois, to the Department, or to any institution or program | ||||||
14 | of
the Department made in trust for the maintenance or support | ||||||
15 | of a resident
of an institution of the Department, or for any | ||||||
16 | other legitimate purpose
connected with such institution or | ||||||
17 | program. The Department shall cause
each gift, grant or legacy | ||||||
18 | to be kept as a distinct fund, and
shall invest the same in the | ||||||
19 | manner provided by the laws of this State as
the same now | ||||||
20 | exist, or shall hereafter be enacted, relating to securities
| ||||||
21 | in which the deposit in savings banks may be invested. But the | ||||||
22 | Department
may, in its discretion, deposit in a proper trust | ||||||
23 | company or savings bank,
during the continuance of the trust, | ||||||
24 | any fund so left in trust for the life
of a person, and shall | ||||||
25 | adopt rules and regulations governing the deposit,
transfer, | ||||||
26 | or withdrawal of such fund. The Department shall on the
|
| |||||||
| |||||||
1 | expiration of any trust as provided in any instrument creating | ||||||
2 | the same,
dispose of the fund thereby created in the manner | ||||||
3 | provided in such
instrument. The Department shall include in | ||||||
4 | its required reports a
statement showing what funds are so | ||||||
5 | held by it and the condition thereof.
Monies found on | ||||||
6 | residents at the time of their
admission, or
accruing to them | ||||||
7 | during their period of institutional care, and monies
| ||||||
8 | deposited with the superintendents by relatives, guardians
or | ||||||
9 | friends of
residents for the special comfort and pleasure of | ||||||
10 | such resident, shall
remain in the custody of such | ||||||
11 | superintendents who shall
act as trustees for
disbursement to, | ||||||
12 | in behalf of, or for the benefit of such resident. All
types of | ||||||
13 | retirement and pension benefits from private and public | ||||||
14 | sources
may be paid directly to the superintendent of the | ||||||
15 | institution where the
person is a resident, for deposit to the | ||||||
16 | resident's trust fund account .
| ||||||
17 | (b) The Department shall deposit hold all Putative Father | ||||||
18 | Registry fees collected under Section 12.1 of the Adoption Act | ||||||
19 | into the DCFS Special Purposes Trust Fund in a distinct fund | ||||||
20 | for the Department's use in maintaining the Putative Father | ||||||
21 | Registry. The Department shall invest the moneys in the fund | ||||||
22 | in the same manner as moneys in the funds described in | ||||||
23 | subsection (a) and shall include in its required reports a | ||||||
24 | statement showing the condition of the fund.
| ||||||
25 | (c) The DCFS Federal Projects Fund is created as a federal | ||||||
26 | trust fund in the State treasury. Moneys in the DCFS Federal |
| |||||||
| |||||||
1 | Projects Fund shall be used for the specific purposes | ||||||
2 | established by the terms and conditions of the federal grant | ||||||
3 | or award and for other authorized expenses in accordance with | ||||||
4 | federal requirements. | ||||||
5 | (Source: P.A. 94-1010, eff. 10-1-06.)
| ||||||
6 | Section 5-30. The Illinois Promotion Act is amended by | ||||||
7 | changing Section 3, 4a, and 8a as follows:
| ||||||
8 | (20 ILCS 665/3) (from Ch. 127, par. 200-23)
| ||||||
9 | Sec. 3. Definitions. The following words and terms, | ||||||
10 | whenever used or
referred to
in this Act, shall have the | ||||||
11 | following meanings, except where the context
may otherwise | ||||||
12 | require:
| ||||||
13 | (a) "Department" means the Department of Commerce and | ||||||
14 | Economic Opportunity of the State of Illinois.
| ||||||
15 | (b) "Local promotion group" means any non-profit | ||||||
16 | corporation,
organization, association, agency or committee | ||||||
17 | thereof formed for the
primary purpose of publicizing, | ||||||
18 | promoting, advertising or otherwise
encouraging the | ||||||
19 | development of tourism in any municipality, county, or
region | ||||||
20 | of Illinois.
| ||||||
21 | (c) "Promotional activities" means preparing, planning and
| ||||||
22 | conducting campaigns of information, advertising and publicity | ||||||
23 | through
such media as newspapers, radio, television, | ||||||
24 | magazines, trade journals,
moving and still photography, |
| |||||||
| |||||||
1 | posters, outdoor signboards and personal
contact within and | ||||||
2 | without the State of Illinois; dissemination of
information, | ||||||
3 | advertising, publicity, photographs and other literature
and | ||||||
4 | material designed to carry out the purpose of this Act; and
| ||||||
5 | participation in and attendance at meetings and conventions | ||||||
6 | concerned
primarily with tourism, including travel to and from | ||||||
7 | such meetings.
| ||||||
8 | (d) "Municipality" means "municipality" as defined in | ||||||
9 | Section 1-1-2
of the Illinois Municipal Code, as heretofore | ||||||
10 | and hereafter amended.
| ||||||
11 | (e) "Tourism" means travel 50 miles or more one-way or an | ||||||
12 | overnight trip
outside of a person's normal routine.
| ||||||
13 | (f) "Municipal amateur sports facility" means a sports | ||||||
14 | facility that: (1) is owned by a unit of local government; (2) | ||||||
15 | has contiguous indoor sports competition space; (3) is | ||||||
16 | designed to principally accommodate and host amateur | ||||||
17 | competitions for youths, adults, or both; and (4) is not used | ||||||
18 | for professional sporting events where participants are | ||||||
19 | compensated for their participation. | ||||||
20 | (g) "Municipal convention center" means a convention | ||||||
21 | center or civic center owned by a unit of local government or | ||||||
22 | operated by a convention center authority, or a municipal | ||||||
23 | convention hall as defined in paragraph (1) of Section 11-65-1 | ||||||
24 | of the Illinois Municipal Code , with contiguous exhibition | ||||||
25 | space ranging between 30,000 and 125,000 square feet . | ||||||
26 | (h) "Convention center authority" means an Authority, as |
| |||||||
| |||||||
1 | defined by the Civic Center Code, that operates a municipal | ||||||
2 | convention center with contiguous exhibition space ranging | ||||||
3 | between 30,000 and 125,000 square feet . | ||||||
4 | (i) "Incentive" means: (1) a financial incentive provided | ||||||
5 | by a unit of local government , a local promotion group, a | ||||||
6 | not-for-profit organization, a for-profit organization, or a | ||||||
7 | convention center authority to attract a convention, meeting, | ||||||
8 | or trade show held at a municipal convention center that, but | ||||||
9 | for the incentive, would not have occurred in the State or been | ||||||
10 | retained in the State; or (2) a financial incentive provided | ||||||
11 | by a unit of local government , a local promotion group, a | ||||||
12 | not-for-profit organization, a for-profit organization, or a | ||||||
13 | convention center authority for attracting a sporting event | ||||||
14 | held at its municipal amateur sports facility that, but for | ||||||
15 | the incentive, would not have occurred in the State or been | ||||||
16 | retained in the State; but (3) only a financial incentive | ||||||
17 | offered or provided to a person or entity in the form of | ||||||
18 | financial benefits or costs which are allowable costs pursuant | ||||||
19 | to the Grant Accountability and Transparency Act. | ||||||
20 | (j) "Unit of local government" has the meaning provided in | ||||||
21 | Section 1 of Article VII of the Illinois Constitution. | ||||||
22 | (k) "Local parks" means any park, recreation area, or | ||||||
23 | other similar facility owned or operated by a unit of local | ||||||
24 | government. | ||||||
25 | (Source: P.A. 101-10, eff. 6-5-19; 102-287, eff. 8-6-21.)
|
| |||||||
| |||||||
1 | (20 ILCS 665/4a) (from Ch. 127, par. 200-24a)
| ||||||
2 | Sec. 4a. Funds.
| ||||||
3 | (1) All moneys deposited into in the Tourism Promotion | ||||||
4 | Fund pursuant to this
subsection are allocated to the | ||||||
5 | Department for utilization, as
appropriated, in the | ||||||
6 | performance of its powers under Section 4; except that during | ||||||
7 | fiscal year 2013, the Department shall reserve $9,800,000 of | ||||||
8 | the total funds available for appropriation in the Tourism | ||||||
9 | Promotion Fund for appropriation to the Historic Preservation | ||||||
10 | Agency for the operation of the Abraham Lincoln Presidential | ||||||
11 | Library and Museum and State historic sites; and except that | ||||||
12 | beginning in fiscal year 2019, moneys in the Tourism Promotion | ||||||
13 | Fund may also be allocated to the Illinois Department of | ||||||
14 | Agriculture, the Illinois Department of Natural Resources, and | ||||||
15 | the Abraham Lincoln Presidential Library and Museum for | ||||||
16 | utilization, as appropriated, to administer their | ||||||
17 | responsibilities as State agencies promoting tourism in | ||||||
18 | Illinois, and for tourism-related purposes.
| ||||||
19 | As soon as possible after the first day of each month, | ||||||
20 | beginning July 1,
1997 and ending on the effective date of this | ||||||
21 | amendatory Act of the 100th General Assembly, upon | ||||||
22 | certification of the Department of Revenue, the Comptroller | ||||||
23 | shall
order transferred and the Treasurer shall transfer from | ||||||
24 | the General Revenue
Fund to the Tourism Promotion Fund an | ||||||
25 | amount equal to 13% of the net
revenue realized from the Hotel | ||||||
26 | Operators' Occupation Tax Act plus an amount
equal to 13% of |
| |||||||
| |||||||
1 | the net revenue realized from any tax imposed under
Section
| ||||||
2 | 4.05 of the Chicago World's Fair-1992 Authority Act during the | ||||||
3 | preceding month.
"Net revenue realized for a month" means the | ||||||
4 | revenue collected by the State
under that Act during the | ||||||
5 | previous month less the amount paid out during that
same month | ||||||
6 | as refunds to taxpayers for overpayment of liability under | ||||||
7 | that
Act.
| ||||||
8 | (1.1) (Blank).
| ||||||
9 | (2) (Blank). As soon as possible after the first day of | ||||||
10 | each month,
beginning July 1,
1997 and ending on the effective | ||||||
11 | date of this amendatory Act of the 100th General Assembly, | ||||||
12 | upon certification of the Department of Revenue, the | ||||||
13 | Comptroller shall
order transferred and the Treasurer shall | ||||||
14 | transfer from the General Revenue
Fund to the Tourism
| ||||||
15 | Promotion Fund an amount equal to 8% of the net revenue | ||||||
16 | realized from the Hotel
Operators' Occupation Tax plus an | ||||||
17 | amount equal to 8% of the net revenue
realized from any tax | ||||||
18 | imposed under Section 4.05 of the Chicago World's
Fair-1992 | ||||||
19 | Authority Act during the preceding month. "Net revenue | ||||||
20 | realized for
a
month" means the revenue collected by the State | ||||||
21 | under that Act during the
previous month less the amount paid | ||||||
22 | out during that same month as refunds to
taxpayers for | ||||||
23 | overpayment of liability under that Act.
| ||||||
24 | All monies deposited in the Tourism Promotion Fund under | ||||||
25 | this
subsection (2) shall be used solely as provided in this | ||||||
26 | subsection to
advertise and promote tourism throughout |
| |||||||
| |||||||
1 | Illinois. Appropriations of monies
deposited in the Tourism | ||||||
2 | Promotion Fund pursuant to this subsection (2)
shall be used | ||||||
3 | solely for advertising to promote tourism, including but not
| ||||||
4 | limited to advertising production and direct advertisement | ||||||
5 | costs, but shall
not be used to employ any additional staff, | ||||||
6 | finance any individual event,
or lease, rent or purchase any | ||||||
7 | physical facilities. The Department shall
coordinate its | ||||||
8 | advertising under this subsection (2) with other public and
| ||||||
9 | private entities in the State engaged in similar promotion | ||||||
10 | activities.
Print or electronic media production made pursuant | ||||||
11 | to this subsection (2)
for advertising promotion shall not | ||||||
12 | contain or include the physical
appearance of or reference to | ||||||
13 | the name or position of any public officer.
"Public officer" | ||||||
14 | means a person who is elected to office pursuant to
statute, or | ||||||
15 | who is appointed to an office which is established, and the
| ||||||
16 | qualifications and duties of which are prescribed, by statute, | ||||||
17 | to discharge
a public duty for the State or any of its | ||||||
18 | political subdivisions. | ||||||
19 | (3) (Blank). Notwithstanding anything in this Section to | ||||||
20 | the contrary, amounts transferred from the General Revenue | ||||||
21 | Fund to the Tourism Promotion Fund pursuant to this Section | ||||||
22 | shall not exceed $26,300,000 in State fiscal year 2012.
| ||||||
23 | (4) (Blank). As soon as possible after the first day of | ||||||
24 | each month, beginning July 1, 2017 and ending June 30, 2018, if | ||||||
25 | the amount of revenue deposited into the Tourism Promotion | ||||||
26 | Fund under subsection (c) of Section 6 of the Hotel Operators' |
| |||||||
| |||||||
1 | Occupation Tax Act is less than 21% of the net revenue realized | ||||||
2 | from the Hotel Operators' Occupation Tax during the preceding | ||||||
3 | month, then, upon certification of the Department of Revenue, | ||||||
4 | the State Comptroller shall direct and the State Treasurer | ||||||
5 | shall transfer from the General Revenue Fund to the Tourism | ||||||
6 | Promotion Fund an amount equal to the difference between 21% | ||||||
7 | of the net revenue realized from the Hotel Operators' | ||||||
8 | Occupation Tax during the preceding month and the amount of | ||||||
9 | revenue deposited into the Tourism Promotion Fund under | ||||||
10 | subsection (c) of Section 6 of the Hotel Operators' Occupation | ||||||
11 | Tax Act. | ||||||
12 | (5) As soon as possible after the first day of each month, | ||||||
13 | beginning July 1, 2018, if the amount of revenue deposited | ||||||
14 | into the Tourism Promotion Fund under Section 6 of the Hotel | ||||||
15 | Operators' Occupation Tax Act is less than 21% of the net | ||||||
16 | revenue realized from the Hotel Operators' Occupation Tax | ||||||
17 | during the preceding month, then, upon certification of the | ||||||
18 | Department of Revenue, the State Comptroller shall direct and | ||||||
19 | the State Treasurer shall transfer from the General Revenue | ||||||
20 | Fund to the Tourism Promotion Fund an amount equal to the | ||||||
21 | difference between 21% of the net revenue realized from the | ||||||
22 | Hotel Operators' Occupation Tax during the preceding month and | ||||||
23 | the amount of revenue deposited into the Tourism Promotion | ||||||
24 | Fund under Section 6 of the Hotel Operators' Occupation Tax | ||||||
25 | Act. | ||||||
26 | (6) In addition to any other transfers that may be |
| |||||||
| |||||||
1 | provided for by law, on the effective date of this amendatory | ||||||
2 | Act of the 103rd General Assembly, or as soon thereafter as | ||||||
3 | practical, but no later than June 30, 2023, the State | ||||||
4 | Comptroller shall direct and the State Treasurer shall | ||||||
5 | transfer from the Tourism Promotion Fund into the designated | ||||||
6 | funds the following amounts: | ||||||
7 | International Tourism Fund ..............$2,274,267.36 | ||||||
8 | Chicago Travel Industry Promotion Fund ..$4,396,916.95 | ||||||
9 | Local Tourism Fund ......................$7,367,503.22 | ||||||
10 | (Source: P.A. 100-23, eff. 7-6-17; 100-587, eff. 6-4-18.)
| ||||||
11 | (20 ILCS 665/8a) (from Ch. 127, par. 200-28a)
| ||||||
12 | Sec. 8a. Tourism grants and loans.
| ||||||
13 | (1) The Department is authorized to make grants and loans, | ||||||
14 | subject to
appropriations by the General Assembly for this | ||||||
15 | purpose from the Tourism
Promotion Fund,
to counties, | ||||||
16 | municipalities, other units of local government, local | ||||||
17 | promotion groups, not-for-profit
organizations, or
for-profit | ||||||
18 | businesses for the development or improvement of tourism
| ||||||
19 | attractions in Illinois. Individual grants and loans shall not
| ||||||
20 | exceed
$1,000,000
and shall not exceed 50% of the entire | ||||||
21 | amount of the actual expenditures for
the development or | ||||||
22 | improvement of a tourist attraction. Agreements for
loans made | ||||||
23 | by the Department pursuant to this subsection may contain
| ||||||
24 | provisions regarding term, interest rate, security as may be | ||||||
25 | required by
the Department and any other provisions the |
| |||||||
| |||||||
1 | Department may require to
protect the State's interest.
| ||||||
2 | (2) From appropriations to the Department from the State | ||||||
3 | CURE fund for this purpose, the Department shall establish | ||||||
4 | Tourism Attraction grants for purposes outlined in subsection | ||||||
5 | (1). Grants under this subsection shall not exceed $1,000,000 | ||||||
6 | but may exceed 50% of the entire amount of the actual | ||||||
7 | expenditure for the development or improvement of a tourist | ||||||
8 | attraction, including, but not limited to, festivals. | ||||||
9 | Expenditures of such funds shall be in accordance with the | ||||||
10 | permitted purposes under Section 9901 of the American Rescue | ||||||
11 | Plan Act of 2021 and all related federal guidance.
| ||||||
12 | (3) Subject to appropriation, the Department is authorized | ||||||
13 | to issue competitive grants with initial terms of up to 5 years | ||||||
14 | for the purpose of administering an incentive program that | ||||||
15 | will attract or retain conventions, meetings, sporting events, | ||||||
16 | and trade shows in Illinois with the goal of increasing | ||||||
17 | business or leisure travel. | ||||||
18 | (Source: P.A. 102-16, eff. 6-17-21; 102-287, eff. 8-6-21; | ||||||
19 | 102-813, eff. 5-13-22.)
| ||||||
20 | Section 5-31. The Department of Human Services Act is | ||||||
21 | amended by adding Section 1-85 as follows: | ||||||
22 | (20 ILCS 1305/1-85 new) | ||||||
23 | Sec. 1-85. Home Illinois Program. Subject to | ||||||
24 | appropriation, the Department of Human Services shall |
| |||||||
| |||||||
1 | establish the Home Illinois Program. The Home Illinois Program | ||||||
2 | shall focus on preventing and ending homelessness in Illinois | ||||||
3 | and may include, but not be limited to, homeless prevention, | ||||||
4 | emergency and transitional housing, rapid rehousing, outreach, | ||||||
5 | capital investment, and related services and supports for | ||||||
6 | individuals at risk or experiencing homelessness. The | ||||||
7 | Department may establish program eligibility criteria and | ||||||
8 | other program requirements by rule. The Department of Human | ||||||
9 | Services may consult with the Capital Development Board, the | ||||||
10 | Department of Commerce and Economic Opportunity, and the | ||||||
11 | Illinois Housing Development Authority in the management and | ||||||
12 | disbursement of funds for capital related projects. The | ||||||
13 | Capital Development Board, the Department of Commerce and | ||||||
14 | Economic Opportunity, and the Illinois Housing Development | ||||||
15 | Authority shall act in a consulting role only for the | ||||||
16 | evaluation of applicants, scoring of applicants, or | ||||||
17 | administration of the grant program. | ||||||
18 | Section 5-32. The Department of Innovation and Technology | ||||||
19 | Act is amended by adding Section 1-16 as follows: | ||||||
20 | (20 ILCS 1370/1-16 new) | ||||||
21 | Sec. 1-16. Personnel. The Governor may, with the advice | ||||||
22 | and consent of the Senate, appoint a person within the | ||||||
23 | Department to serve as the Deputy Secretary. The Deputy | ||||||
24 | Secretary shall receive an annual salary as set by the |
| |||||||
| |||||||
1 | Governor and shall be paid out of appropriations to the | ||||||
2 | Department. The Deputy Secretary shall not be subject to the | ||||||
3 | Personnel Code. The duties of the Deputy Secretary shall | ||||||
4 | include the coordination of the State's digital modernization | ||||||
5 | and other duties as assigned by the Secretary. | ||||||
6 | Section 5-33. The Disabilities Services Act of 2003 is | ||||||
7 | amended by changing Sections 51, 52, and 53 as follows: | ||||||
8 | (20 ILCS 2407/51) | ||||||
9 | Sec. 51. Legislative intent. It is the intent of the | ||||||
10 | General Assembly to promote the civil rights of persons with | ||||||
11 | disabilities by providing community-based service for persons | ||||||
12 | with disabilities when such services are determined | ||||||
13 | appropriate and desired, as required by Title II of the | ||||||
14 | Americans with Disabilities Act under the United States | ||||||
15 | Supreme Court's decision in Olmstead v. L.C., 527 U.S. 581 | ||||||
16 | (1999). In accordance with Section 6071 of the Deficit | ||||||
17 | Reduction Act of 2005 (P.L. 109-171) , as amended by the | ||||||
18 | federal Consolidated Appropriations Act, 2021 (P.L. 116-260) , | ||||||
19 | the purpose of this Act is (i) to identify and reduce barriers | ||||||
20 | or mechanisms, whether in State law, the State Medicaid Plan, | ||||||
21 | the State budget, or otherwise, that prevent or restrict the | ||||||
22 | flexible use of public funds to enable individuals with | ||||||
23 | disabilities to receive support for appropriate and necessary | ||||||
24 | long-term care services in settings of their choice; (ii) to |
| |||||||
| |||||||
1 | increase the use of home and community-based long-term care | ||||||
2 | services, rather than institutions or long-term care | ||||||
3 | facilities; (iii) to increase the ability of the State | ||||||
4 | Medicaid program to assure continued provision of home and | ||||||
5 | community-based long-term care services to eligible | ||||||
6 | individuals who choose to transition from an institution or a | ||||||
7 | long-term care facility to a community setting; and (iv) to | ||||||
8 | ensure that procedures are in place that are at least | ||||||
9 | comparable to those required under the qualified home and | ||||||
10 | community-based program to provide quality assurance for | ||||||
11 | eligible individuals receiving Medicaid home and | ||||||
12 | community-based long-term care services and to provide for | ||||||
13 | continuous quality improvement in such services. Utilizing the | ||||||
14 | framework created by the "Money Follows the Person" | ||||||
15 | demonstration project, approval received by the State on May | ||||||
16 | 14, 2007, and any subsequently enacted "Money Follows the | ||||||
17 | Person" demonstration project or initiative terms and | ||||||
18 | conditions, the purpose of this Act is to codify and reinforce | ||||||
19 | the State's commitment to promote individual choice and | ||||||
20 | control and increase utilization of home and community-based | ||||||
21 | services through: | ||||||
22 | (a) Increased ability of the State Medicaid program to | ||||||
23 | ensure continued provision of home and community-based | ||||||
24 | long-term care services to eligible individuals who choose | ||||||
25 | to transition from an institution to a community setting. | ||||||
26 | (b) Assessment and removal of barriers to community |
| |||||||
| |||||||
1 | reintegration, including development of a comprehensive | ||||||
2 | housing strategy. | ||||||
3 | (c) Expand availability of consumer self-directed | ||||||
4 | service options. | ||||||
5 | (d) Increased use of home and community-based | ||||||
6 | long-term care services, rather than institutions or | ||||||
7 | long-term care facilities , such that the percentage of the | ||||||
8 | State long-term care budget expended for community-based | ||||||
9 | services increases from its current 28.5% to at least 37% | ||||||
10 | in the next 5 years . | ||||||
11 | (e) Creation and implementation of interagency | ||||||
12 | agreements or budgetary mechanisms to allow for the | ||||||
13 | flexible movement of allocated dollars from institutional | ||||||
14 | budget appropriations to appropriations supporting home | ||||||
15 | and community-based services or Medicaid State Plan | ||||||
16 | options. | ||||||
17 | (f) Creation of an equitable, clinically sound and | ||||||
18 | cost-effective system for identification and review of | ||||||
19 | community transition candidates across all long-term care | ||||||
20 | systems; including improvement of prescreening, assessment | ||||||
21 | for rapid reintegration and targeted review of longer stay | ||||||
22 | residents, training and outreach education for providers | ||||||
23 | and consumers on community alternatives across all | ||||||
24 | long-term care systems. | ||||||
25 | (g) Development and implementation of data and | ||||||
26 | information systems to track individuals across service |
| |||||||
| |||||||
1 | systems and funding streams; support responsive | ||||||
2 | eligibility determination; facilitate placement and care | ||||||
3 | decisions; identify individuals with potential for | ||||||
4 | transition; and drive planning for the development of | ||||||
5 | community-based alternatives. | ||||||
6 | (h) Establishment of procedures that are at least | ||||||
7 | comparable to those required under the qualified home and | ||||||
8 | community-based program to provide quality assurance for | ||||||
9 | eligible individuals receiving Medicaid home and | ||||||
10 | community-based long-term care services and to provide for | ||||||
11 | continuous quality improvement in such services. | ||||||
12 | (i) Nothing in this amendatory Act of the 95th General | ||||||
13 | Assembly shall diminish or restrict the choice of an | ||||||
14 | individual to reside in an institution or the quality of | ||||||
15 | care they receive.
| ||||||
16 | (Source: P.A. 95-438, eff. 1-1-08.) | ||||||
17 | (20 ILCS 2407/52) | ||||||
18 | Sec. 52. Applicability; definitions. In accordance with | ||||||
19 | Section 6071 of the Deficit Reduction Act of 2005 (P.L. | ||||||
20 | 109-171), as used in this Article: | ||||||
21 | "Departments". The term "Departments" means for the | ||||||
22 | purposes of this Act, the Department of Human Services, the | ||||||
23 | Department on Aging, Department of Healthcare and Family | ||||||
24 | Services and Department of Public Health, unless otherwise | ||||||
25 | noted. |
| |||||||
| |||||||
1 | "Home and community-based long-term care services". The | ||||||
2 | term "home and community-based long-term care services" means, | ||||||
3 | with respect to the State Medicaid program, a service aid, or | ||||||
4 | benefit, home and community-based services, including, but not | ||||||
5 | limited to, home health and personal care services, that are | ||||||
6 | provided to a person with a disability, and are voluntarily | ||||||
7 | accepted, as part of his or her long-term care that: (i) is | ||||||
8 | provided under the State's qualified home and community-based | ||||||
9 | program or that could be provided under such a program but is | ||||||
10 | otherwise provided under the Medicaid program; (ii) is | ||||||
11 | delivered in a qualified residence; and (iii) is necessary for | ||||||
12 | the person with a disability to live in the community. | ||||||
13 | "ID/DD community care facility". The term "ID/DD community | ||||||
14 | care facility", for the purposes of this Article, means a | ||||||
15 | skilled nursing or intermediate long-term care facility | ||||||
16 | subject to licensure by the Department of Public Health under | ||||||
17 | the ID/DD Community Care Act or the MC/DD Act, an intermediate | ||||||
18 | care facility for persons with developmental disabilities | ||||||
19 | (ICF-DDs), and a State-operated developmental center or mental | ||||||
20 | health center, whether publicly or privately owned. | ||||||
21 | "Money Follows the Person" Demonstration. Enacted by the | ||||||
22 | Deficit Reduction Act of 2005 , as amended by the federal | ||||||
23 | Consolidated Appropriations Act, 2021 (P.L. 116-260) , the | ||||||
24 | Money Follows the Person (MFP) Rebalancing Demonstration is | ||||||
25 | part of a comprehensive, coordinated strategy to assist | ||||||
26 | states, in collaboration with stakeholders, to make widespread |
| |||||||
| |||||||
1 | changes to their long-term care support systems. This | ||||||
2 | initiative will assist states in their efforts to reduce their | ||||||
3 | reliance on institutional care while developing | ||||||
4 | community-based long-term care opportunities, enabling the | ||||||
5 | elderly and people with disabilities to fully participate in | ||||||
6 | their communities. | ||||||
7 | "Public funds" mean any funds appropriated by the General | ||||||
8 | Assembly to the Departments of Human Services, on Aging, of | ||||||
9 | Healthcare and Family Services and of Public Health for | ||||||
10 | settings and services as defined in this Article. | ||||||
11 | "Qualified residence". The term "qualified residence" | ||||||
12 | means, with respect to an eligible individual: (i) a home | ||||||
13 | owned or leased by the individual or the individual's | ||||||
14 | authorized representative (as defined by P.L. 109-171); (ii) | ||||||
15 | an apartment with an individual lease, with lockable access | ||||||
16 | and egress, and which includes living, sleeping, bathing, and | ||||||
17 | cooking areas over which the individual or the individual's | ||||||
18 | family has domain and control; or (iii) a residence, in a | ||||||
19 | community-based residential setting, in which no more than 4 | ||||||
20 | unrelated individuals reside. Where qualified residences are | ||||||
21 | not sufficient to meet the demand of eligible individuals, | ||||||
22 | time-limited exceptions to this definition may be developed | ||||||
23 | through administrative rule. | ||||||
24 | "Self-directed services". The term "self-directed | ||||||
25 | services" means, with respect to home and community-based | ||||||
26 | long-term services for an eligible individual, those services |
| |||||||
| |||||||
1 | for the individual that are planned and purchased under the | ||||||
2 | direction and control of the individual or the individual's | ||||||
3 | authorized representative, including the amount, duration, | ||||||
4 | scope, provider, and location of such services, under the | ||||||
5 | State Medicaid program consistent with the following | ||||||
6 | requirements: | ||||||
7 | (a) Assessment: there is an assessment of the needs, | ||||||
8 | capabilities, and preference of the individual with | ||||||
9 | respect to such services. | ||||||
10 | (b) Individual service care or treatment plan: based | ||||||
11 | on the assessment, there is development jointly with such | ||||||
12 | individual or individual's authorized representative, a | ||||||
13 | plan for such services for the individual that (i) | ||||||
14 | specifies those services, if any, that the individual or | ||||||
15 | the individual's authorized representative would be | ||||||
16 | responsible for directing; (ii) identifies the methods by | ||||||
17 | which the individual or the individual's authorized | ||||||
18 | representative or an agency designated by an individual or | ||||||
19 | representative will select, manage, and dismiss providers | ||||||
20 | of such services.
| ||||||
21 | (Source: P.A. 99-143, eff. 7-27-15; 99-180, eff. 7-29-15; | ||||||
22 | 99-642, eff. 7-28-16.) | ||||||
23 | (20 ILCS 2407/53) | ||||||
24 | Sec. 53. Rebalancing benchmarks. | ||||||
25 | (a) Illinois' long-term care system is in a state of |
| |||||||
| |||||||
1 | transformation, as evidenced by the creation and subsequent | ||||||
2 | work products of the Disability Services Advisory Committee, | ||||||
3 | Older Adult Services Advisory Committee, Housing Task Force | ||||||
4 | and other executive and legislative branch initiatives. | ||||||
5 | (b) Illinois' Money Follows the Person demonstrations or | ||||||
6 | initiatives capitalize demonstration approval capitalizes on | ||||||
7 | this progress and commit commits the State to transition | ||||||
8 | approximately 3,357 older persons and persons with | ||||||
9 | developmental, physical , or psychiatric disabilities from | ||||||
10 | institutional to home and community-based settings, as | ||||||
11 | appropriate resulting in an increased percentage of long-term | ||||||
12 | care community spending over the next 5 years . | ||||||
13 | (c) (Blank). The State will endeavor to increase the | ||||||
14 | percentage of community-based long-term care spending over the | ||||||
15 | next 5 years according to the following timeline: | ||||||
16 | Estimated baseline: 28.5% | ||||||
17 | Year 1: 30% | ||||||
18 | Year 2: 31% | ||||||
19 | Year 3: 32% | ||||||
20 | Year 4: 35% | ||||||
21 | Year 5: 37% | ||||||
22 | (d) The Departments will utilize interagency agreements | ||||||
23 | and will seek legislative authority to implement a Money | ||||||
24 | Follows the Person budgetary mechanism to allocate or | ||||||
25 | reallocate funds for the purpose of expanding the | ||||||
26 | availability, quality or stability of home and community-based |
| |||||||
| |||||||
1 | long-term care services and supports for persons with | ||||||
2 | disabilities. | ||||||
3 | (e) The allocation of public funds for home and | ||||||
4 | community-based long-term care services shall not have the | ||||||
5 | effect of: (i) diminishing or reducing the quality of services | ||||||
6 | available to residents of long-term care facilities; (ii) | ||||||
7 | forcing any residents of long-term care facilities to | ||||||
8 | involuntarily accept home and community-based long-term care | ||||||
9 | services, or causing any residents of long-term care | ||||||
10 | facilities to be involuntarily transferred or discharged; | ||||||
11 | (iii) causing reductions in long-term care facility | ||||||
12 | reimbursement rates in effect as of July 1, 2008; or (iv) | ||||||
13 | diminishing access to a full array of long-term care options.
| ||||||
14 | (Source: P.A. 95-438, eff. 1-1-08.) | ||||||
15 | Section 5-35. The Illinois State Police Law of the
Civil | ||||||
16 | Administrative Code of Illinois is amended by changing Section | ||||||
17 | 2605-407 as follows: | ||||||
18 | (20 ILCS 2605/2605-407) | ||||||
19 | Sec. 2605-407. Illinois State Police Federal Projects | ||||||
20 | Fund. | ||||||
21 | (a) The Illinois State Police Federal Projects Fund is | ||||||
22 | established as a federal trust fund in the State treasury. | ||||||
23 | This federal Trust Fund is established to receive funds | ||||||
24 | awarded to the Illinois State Police from the following: (i) |
| |||||||
| |||||||
1 | all federal departments and agencies for the specific purposes | ||||||
2 | established by the terms and conditions of the federal awards | ||||||
3 | and (ii) federal pass-through grants from State departments | ||||||
4 | and agencies for the specific purposes established by the | ||||||
5 | terms and conditions of the grant agreements. Any interest | ||||||
6 | earnings that are attributable to moneys in the federal trust | ||||||
7 | fund must be deposited into the Fund.
| ||||||
8 | (b) In addition to any other transfers that may be | ||||||
9 | provided for by law, on July 1, 2023, or as soon thereafter as | ||||||
10 | practical, the State Comptroller shall direct and the State | ||||||
11 | Treasurer shall transfer the sum of $2,000,000 from the State | ||||||
12 | Police Services Fund to the Illinois State Police Federal | ||||||
13 | Projects Fund. | ||||||
14 | (Source: P.A. 102-538, eff. 8-20-21.) | ||||||
15 | Section 5-40. The State Fire Marshal Act is amended by | ||||||
16 | adding Section 2.8 as follows: | ||||||
17 | (20 ILCS 2905/2.8 new) | ||||||
18 | Sec. 2.8. Fire Station Rehabilitation and Construction | ||||||
19 | Grant Program. The Office shall establish and administer a | ||||||
20 | Fire Station Rehabilitation and Construction Grant Program to | ||||||
21 | award grants to units of local government for the | ||||||
22 | rehabilitation or construction of fire stations. The Office | ||||||
23 | shall adopt any rules necessary for the implementation and | ||||||
24 | administration of this Section. |
| |||||||
| |||||||
1 | Section 5-45. The Governor's Office of Management and | ||||||
2 | Budget Act is amended by adding Section 2.13 as follows: | ||||||
3 | (20 ILCS 3005/2.13 new) | ||||||
4 | Sec. 2.13. Appropriations; Railsplitter Tobacco Settlement | ||||||
5 | Authority Bonds. Subject to appropriation, the Office may make | ||||||
6 | payments from the Tobacco Settlement Recovery Fund to the | ||||||
7 | trustee of those bonds issued by the Railsplitter Tobacco | ||||||
8 | Settlement Authority with which the Authority has executed a | ||||||
9 | bond indenture pursuant to the terms of the Railsplitter | ||||||
10 | Tobacco Settlement Authority Act for the purpose of defeasing | ||||||
11 | outstanding bonds of the Authority. | ||||||
12 | Section 5-47. The Illinois Emergency Management Agency Act | ||||||
13 | is amended by adding Section 17.8 as follows: | ||||||
14 | (20 ILCS 3305/17.8 new) | ||||||
15 | Sec. 17.8. IEMA State Projects Fund. The IEMA State | ||||||
16 | Projects Fund is created as a trust fund in the State treasury. | ||||||
17 | The Fund shall consist of any moneys appropriated to the | ||||||
18 | Agency for purposes of the Illinois' Not-For-Profit Security | ||||||
19 | Grant Program, a grant program authorized by subsection (g-5) | ||||||
20 | of Section 5 of this Act, to provide funding support for target | ||||||
21 | hardening activities and other physical security enhancements | ||||||
22 | for qualifying not-for-profit organizations that are at high |
| |||||||
| |||||||
1 | risk of terrorist attack. The Agency is authorized to use | ||||||
2 | moneys appropriated from the Fund to make grants to | ||||||
3 | not-for-profit organizations for target hardening activities, | ||||||
4 | security personnel, and physical security enhancements and for | ||||||
5 | the payment of administrative expenses associated with the | ||||||
6 | Not-For-Profit Security Grant Program. As used in this | ||||||
7 | Section, "target hardening activities" include, but are not | ||||||
8 | limited to, the purchase and installation of security | ||||||
9 | equipment on real property owned or leased by the | ||||||
10 | not-for-profit organization. Grants, gifts, and moneys from | ||||||
11 | any other source, public or private, may also be deposited | ||||||
12 | into the Fund and used for the purposes authorized by this Act. | ||||||
13 | Section 5-50. The State Finance Act is amended by changing | ||||||
14 | Sections 5.62, 5.366, 5.581, 5.765, 5.857, 6, 6z-27, 6z-32, | ||||||
15 | 6z-35, 6z-43, 6z-100, 6z-121, 6z-126, 8.3, 8.12, 8g-1, 13.2, | ||||||
16 | and 25 and by adding Sections 5.990, 5e-1, and 5h.6 as follows:
| ||||||
17 | (30 ILCS 105/5.62) (from Ch. 127, par. 141.62)
| ||||||
18 | Sec. 5.62. The Working Capital Revolving Fund. This | ||||||
19 | Section is repealed on January 1, 2024. | ||||||
20 | (Source: Laws 1919, p. 946.)
| ||||||
21 | (30 ILCS 105/5.366)
| ||||||
22 | Sec. 5.366. The Live and Learn Fund. This Section is | ||||||
23 | repealed on January 1, 2024. |
| |||||||
| |||||||
1 | (Source: P.A. 88-78; 88-670, eff. 12-2-94.)
| ||||||
2 | (30 ILCS 105/5.581)
| ||||||
3 | Sec. 5.581. The Professional Sports Teams Education Fund. | ||||||
4 | This Section is repealed on January 1, 2024. | ||||||
5 | (Source: P.A. 95-331, eff. 8-21-07.)
| ||||||
6 | (30 ILCS 105/5.765)
| ||||||
7 | Sec. 5.765. The Soil and Water Conservation District Fund. | ||||||
8 | This Section is repealed on January 1, 2024. | ||||||
9 | (Source: P.A. 96-1377, eff. 1-1-11; 97-333, eff. 8-12-11.)
| ||||||
10 | (30 ILCS 105/5.857) | ||||||
11 | (Section scheduled to be repealed on July 1, 2023) | ||||||
12 | Sec. 5.857. The Capital Development Board Revolving Fund. | ||||||
13 | This Section is repealed July 1, 2025 2023 .
| ||||||
14 | (Source: P.A. 101-10, eff. 6-5-19; 101-645, eff. 6-26-20; | ||||||
15 | 102-16, eff. 6-17-21; 102-699, eff. 4-19-22.) | ||||||
16 | (30 ILCS 105/5.990 new) | ||||||
17 | Sec. 5.990. The Imagination Library of Illinois Fund. | ||||||
18 | (30 ILCS 105/5e-1 new) | ||||||
19 | Sec. 5e-1. Transfers from Road Fund. In addition to any | ||||||
20 | other transfers that may be provided for by law, on July 1, | ||||||
21 | 2023, or as soon thereafter as practical, the State |
| |||||||
| |||||||
1 | Comptroller shall direct and the State Treasurer shall | ||||||
2 | transfer the sum of $10,000,000 from the Road Fund to the | ||||||
3 | Federal Mass Transit Trust Fund. This Section is repealed on | ||||||
4 | January 1, 2025. | ||||||
5 | (30 ILCS 105/5h.6 new) | ||||||
6 | Sec. 5h.6. Cash flow borrowing and health insurance funds | ||||||
7 | liquidity. | ||||||
8 | (a) To meet cash flow deficits and to maintain liquidity | ||||||
9 | in the Community College Health Insurance Security Fund, the | ||||||
10 | State Treasurer and the State Comptroller, as directed by the | ||||||
11 | Governor, shall make transfers, on and after July 1, 2023 and | ||||||
12 | through June 30, 2024, to the Community College Health | ||||||
13 | Insurance Security Fund out of the Health Insurance Reserve | ||||||
14 | Fund, to the extent allowed by federal law. | ||||||
15 | The outstanding total transfers made from the Health | ||||||
16 | Insurance Reserve Fund to the Community College Health | ||||||
17 | Insurance Security Fund under this Section shall, at no time, | ||||||
18 | exceed $50,000,000. Once the amount of $50,000,000 has been | ||||||
19 | transferred from the Health Insurance Reserve Fund to the | ||||||
20 | Community College Health Insurance Security Fund, additional | ||||||
21 | transfers may be made from the Health Insurance Reserve Fund | ||||||
22 | to the Community College Health Insurance Security Fund under | ||||||
23 | this Section only to the extent that moneys have first been | ||||||
24 | retransferred from the Community College Health Insurance | ||||||
25 | Security Fund to the Health Insurance Reserve Fund. |
| |||||||
| |||||||
1 | (b) If moneys have been transferred to the Community | ||||||
2 | College Health Insurance Security Fund pursuant to subsection | ||||||
3 | (a) of this Section, this amendatory Act of the 103rd General | ||||||
4 | Assembly shall constitute the continuing authority for and | ||||||
5 | direction to the State Treasurer and State Comptroller to | ||||||
6 | reimburse the Health Insurance Reserve Fund from the Community | ||||||
7 | College Health Insurance Security Fund by transferring to the | ||||||
8 | Health Insurance Reserve Fund, at such times and in such | ||||||
9 | amounts as directed by the Comptroller when necessary to | ||||||
10 | support appropriated expenditures from the Health Insurance | ||||||
11 | Reserve Fund, an amount equal to that transferred from the | ||||||
12 | Health Insurance Reserve Fund, except that any moneys | ||||||
13 | transferred pursuant to subsection (a) of this Section shall | ||||||
14 | be repaid to the fund of origin within 108 months after the | ||||||
15 | date on which they were borrowed. The continuing authority for | ||||||
16 | reimbursement provided for in this subsection (b) shall expire | ||||||
17 | 96 months after the date of the last transfer made pursuant to | ||||||
18 | subsection (a) of this Section, or June 30, 2032, whichever is | ||||||
19 | sooner. | ||||||
20 | (c) Beginning July 31, 2024, and every July 31 thereafter | ||||||
21 | until all moneys borrowed pursuant to this Section have been | ||||||
22 | repaid, the Comptroller shall annually report on every | ||||||
23 | transfer made pursuant to this Section. The report shall | ||||||
24 | identify the amount of each transfer, including the date and | ||||||
25 | the end-of-day balance of the Health Insurance Reserve Fund | ||||||
26 | and the Community College Health Insurance Security Fund on |
| |||||||
| |||||||
1 | the date each transfer was made, and the status of all funds | ||||||
2 | transferred under this Section for the previous fiscal year. | ||||||
3 | All reports under this Section shall be provided in an | ||||||
4 | electronic format to the Commission on Government Forecasting | ||||||
5 | and Accountability and to the Governor's Office of Management | ||||||
6 | and Budget.
| ||||||
7 | (30 ILCS 105/6) (from Ch. 127, par. 142)
| ||||||
8 | Sec. 6.
The gross or total proceeds, receipts and income | ||||||
9 | of all lands
leased by the Department of Corrections and of all | ||||||
10 | industrial
operations at the several State institutions and | ||||||
11 | divisions under the
direction and supervision of the | ||||||
12 | Department of Corrections shall be covered
into the State | ||||||
13 | treasury into a state trust fund to be known as the "The | ||||||
14 | Working
Capital Revolving Fund " . "Industrial operations", as | ||||||
15 | herein used, means and
includes the operation of those State | ||||||
16 | institutions producing, by the use of
materials, supplies and | ||||||
17 | labor, goods, or wares or merchandise to be sold. On July 1, | ||||||
18 | 2023, or as soon thereafter as practical, the State | ||||||
19 | Comptroller shall direct and the State Treasurer shall | ||||||
20 | transfer the remaining balance from the Working Capital | ||||||
21 | Revolving Fund into the General Revenue Fund. Upon completion | ||||||
22 | of the transfer, the Working Capital Revolving Fund is | ||||||
23 | dissolved, and any future deposits due to that Fund and any | ||||||
24 | outstanding obligations or liabilities of that Fund shall pass | ||||||
25 | to the General Revenue Fund.
|
| |||||||
| |||||||
1 | (Source: P.A. 90-372, eff. 7-1-98.)
| ||||||
2 | (30 ILCS 105/6z-27)
| ||||||
3 | Sec. 6z-27. All moneys in the Audit Expense Fund shall be
| ||||||
4 | transferred, appropriated and used only for the purposes | ||||||
5 | authorized by, and
subject to the limitations and conditions | ||||||
6 | prescribed by, the Illinois State Auditing
Act. | ||||||
7 | Within 30 days after July 1, 2023 2022 , or as soon | ||||||
8 | thereafter as practical,
the State Comptroller shall order | ||||||
9 | transferred and the State Treasurer shall transfer from the
| ||||||
10 | following funds moneys in the specified amounts for deposit | ||||||
11 | into the Audit Expense Fund: | ||||||
12 | African-American HIV/AIDS Response Fund ................$1,421 | ||||||
13 | Agricultural Premium Fund ............................$122,719 | ||||||
14 | Alzheimer's Awareness Fund .............................$1,499 | ||||||
15 | Alzheimer's Disease Research, Care, and Support Fund .....$662 | ||||||
16 | Amusement Ride and Patron Safety Fund ..................$6,315 | ||||||
17 | Assisted Living and Shared Housing Regulatory Fund .....$2,564 | ||||||
18 | Capital Development Board Revolving Fund ..............$15,118 | ||||||
19 | Care Provider Fund for Persons with a Developmental | ||||||
20 | Disability ........................................$15,392 | ||||||
21 | Carolyn Adams Ticket For The Cure Grant Fund .............$927 | ||||||
22 | CDLIS/AAMVANET/NMVTIS Trust Fund (Commercial | ||||||
23 | Driver's License Information | ||||||
24 | System/American Association of | ||||||
25 | Motor Vehicle Administrators |
| |||||||
| |||||||
1 | network/National Motor Vehicle | ||||||
2 | Title Information Service Trust Fund) ..............$5,236 | ||||||
3 | Chicago Police Memorial Foundation Fund ..................$708 | ||||||
4 | Chicago State University Education Improvement Fund ...$13,666 | ||||||
5 | Child Labor and Day and Temporary Labor | ||||||
6 | Services Enforcement Fund .........................$11,991 | ||||||
7 | Child Support Administrative Fund ......................$5,287 | ||||||
8 | Clean Air Act Permit Fund ..............................$1,556 | ||||||
9 | Coal Technology Development Assistance Fund ............$6,936 | ||||||
10 | Common School Fund ...................................$343,892 | ||||||
11 | Community Mental Health Medicaid Trust Fund ...........$14,084 | ||||||
12 | Corporate Franchise Tax Refund Fund ....................$1,096 | ||||||
13 | DCFS Children's Services Fund ..........................$8,766 | ||||||
14 | Death Certificate Surcharge Fund .......................$2,060 | ||||||
15 | Death Penalty Abolition Fund ...........................$2,448 | ||||||
16 | Department of Business Services Special | ||||||
17 | Operations Fund ...................................$13,889 | ||||||
18 | Department of Human Services Community Services Fund ...$7,970 | ||||||
19 | Downstate Public Transportation Fund ..................$11,631 | ||||||
20 | Dram Shop Fund .......................................$142,500 | ||||||
21 | Driver Services Administration Fund ....................$1,873 | ||||||
22 | Drug Rebate Fund ......................................$42,473 | ||||||
23 | Drug Treatment Fund ....................................$1,767 | ||||||
24 | Education Assistance Fund ..........................$2,031,292 | ||||||
25 | Emergency Public Health Fund ...........................$5,162 | ||||||
26 | Environmental Protection Permit and Inspection Fund ....$1,447 |
| |||||||
| |||||||
1 | Estate Tax Refund Fund ...................................$852 | ||||||
2 | Facilities Management Revolving Fund ..................$50,148 | ||||||
3 | Facility Licensing Fund ................................$5,522 | ||||||
4 | Fair and Exposition Fund ...............................$4,248 | ||||||
5 | Feed Control Fund ......................................$7,709 | ||||||
6 | Fertilizer Control Fund ................................$6,849 | ||||||
7 | Fire Prevention Fund ...................................$3,859 | ||||||
8 | Fund for the Advancement of Education .................$24,772 | ||||||
9 | General Assembly Operations Revolving Fund .............$1,146 | ||||||
10 | General Professions Dedicated Fund .....................$4,039 | ||||||
11 | General Revenue Fund ..............................$17,653,153 | ||||||
12 | Governor's Administrative Fund .........................$2,832 | ||||||
13 | Governor's Grant Fund .................................$17,709 | ||||||
14 | Grade Crossing Protection Fund ...........................$930 | ||||||
15 | Grant Accountability and Transparency Fund ...............$805 | ||||||
16 | Guardianship and Advocacy Fund ........................$14,843 | ||||||
17 | Hazardous Waste Fund .....................................$835 | ||||||
18 | Health Facility Plan Review Fund .......................$1,776 | ||||||
19 | Health and Human Services Medicaid Trust Fund ..........$6,554 | ||||||
20 | Healthcare Provider Relief Fund ......................$407,107 | ||||||
21 | Healthy Smiles Fund ......................................$738 | ||||||
22 | Home Care Services Agency Licensure Fund ...............$3,101 | ||||||
23 | Hospital Licensure Fund ................................$1,688 | ||||||
24 | Hospital Provider Fund ...............................$138,829 | ||||||
25 | ICCB Federal Trust Fund ................................$9,968 | ||||||
26 | ICJIA Violence Prevention Fund ...........................$932 |
| |||||||
| |||||||
1 | Illinois Affordable Housing Trust Fund ................$17,236 | ||||||
2 | Illinois Clean Water Fund ..............................$2,152 | ||||||
3 | Illinois Health Facilities Planning Fund ...............$3,094 | ||||||
4 | IMSA Income Fund ......................................$12,417 | ||||||
5 | Illinois Power Agency Operations Fund .................$62,583 | ||||||
6 | Illinois School Asbestos Abatement Fund ..................$784 | ||||||
7 | Illinois State Fair Fund ..............................$29,752 | ||||||
8 | Illinois State Police Memorial Park Fund .................$681 | ||||||
9 | Illinois Telecommunications Access Corporation Fund ....$1,668 | ||||||
10 | Illinois Underground Utility Facilities | ||||||
11 | Damage Prevention Fund .............................$4,276 | ||||||
12 | Illinois Veterans' Rehabilitation Fund .................$5,943 | ||||||
13 | Illinois Workers' Compensation Commission | ||||||
14 | Operations Fund ..................................$243,187 | ||||||
15 | Income Tax Refund Fund ................................$54,420 | ||||||
16 | Lead Poisoning Screening, Prevention, and | ||||||
17 | Abatement Fund ....................................$16,379 | ||||||
18 | Live and Learn Fund ...................................$25,492 | ||||||
19 | Lobbyist Registration Administration Fund ..............$1,471 | ||||||
20 | Local Government Distributive Fund ....................$44,025 | ||||||
21 | Long Term Care Monitor/Receiver Fund ..................$42,016 | ||||||
22 | Long-Term Care Provider Fund ..........................$13,537 | ||||||
23 | Low-Level Radioactive Waste Facility Development | ||||||
24 | and Operation Fund ...................................$618 | ||||||
25 | Mandatory Arbitration Fund .............................$2,104 | ||||||
26 | Medical Special Purposes Trust Fund ......................$786 |
| |||||||
| |||||||
1 | Mental Health Fund .....................................$9,376 | ||||||
2 | Mental Health Reporting Fund ...........................$1,443 | ||||||
3 | Metabolic Screening and Treatment Fund ................$32,049 | ||||||
4 | Monitoring Device Driving Permit Administration | ||||||
5 | Fee Fund ...........................................$1,616 | ||||||
6 | Motor Fuel Tax Fund ...................................$36,238 | ||||||
7 | Motor Vehicle License Plate Fund ......................$17,694 | ||||||
8 | Multiple Sclerosis Research Fund .........................$758 | ||||||
9 | Nuclear Safety Emergency Preparedness Fund ............$26,117 | ||||||
10 | Nursing Dedicated and Professional Fund ................$2,420 | ||||||
11 | Open Space Lands Acquisition and Development Fund ........$658 | ||||||
12 | Partners For Conservation Fund ........................$89,847 | ||||||
13 | Pension Stabilization Fund .............................$1,031 | ||||||
14 | Personal Property Tax Replacement Fund ...............$290,755 | ||||||
15 | Pesticide Control Fund ................................$30,513 | ||||||
16 | Plumbing Licensure and Program Fund ....................$6,276 | ||||||
17 | Police Memorial Committee Fund ...........................$813 | ||||||
18 | Professional Services Fund ............................$72,029 | ||||||
19 | Public Health Laboratory Services Revolving Fund .......$5,816 | ||||||
20 | Public Transportation Fund ............................$46,826 | ||||||
21 | Public Utility Fund ..................................$198,423 | ||||||
22 | Radiation Protection Fund .............................$11,034 | ||||||
23 | Renewable Energy Resources Trust Fund ..................$7,834 | ||||||
24 | Road Fund ............................................$226,150 | ||||||
25 | Regional Transportation Authority Occupation | ||||||
26 | and Use Tax Replacement Fund .......................$1,167 |
| |||||||
| |||||||
1 | School Infrastructure Fund .............................$7,749 | ||||||
2 | Secretary of State DUI Administration Fund .............$2,694 | ||||||
3 | Secretary of State Identification Security | ||||||
4 | and Theft Prevention Fund .........................$12,676 | ||||||
5 | Secretary of State Police Services Fund ..................$717 | ||||||
6 | Secretary of State Special License Plate Fund ..........$4,203 | ||||||
7 | Secretary of State Special Services Fund ..............$34,491 | ||||||
8 | Securities Audit and Enforcement Fund ..................$8,198 | ||||||
9 | Solid Waste Management Fund ............................$1,613 | ||||||
10 | Special Olympics Illinois and Special | ||||||
11 | Children's Charities Fund ............................$852 | ||||||
12 | Special Education Medicaid Matching Fund ...............$5,131 | ||||||
13 | Sports Wagering Fund ...................................$4,450 | ||||||
14 | State and Local Sales Tax Reform Fund ..................$2,361 | ||||||
15 | State Construction Account Fund .......................$37,865 | ||||||
16 | State Gaming Fund .....................................$94,435 | ||||||
17 | State Garage Revolving Fund ............................$8,977 | ||||||
18 | State Lottery Fund ...................................$340,323 | ||||||
19 | State Pensions Fund ..................................$500,000 | ||||||
20 | State Treasurer's Bank Services Trust Fund .............$1,295 | ||||||
21 | Supreme Court Special Purposes Fund ....................$1,722 | ||||||
22 | Tattoo and Body Piercing Establishment | ||||||
23 | Registration Fund ....................................$950 | ||||||
24 | Tax Compliance and Administration Fund .................$1,483 | ||||||
25 | Technology Management Revolving Fund .................$186,193 | ||||||
26 | Tobacco Settlement Recovery Fund ......................$29,864 |
| |||||||
| |||||||
1 | Tourism Promotion Fund ................................$50,155 | ||||||
2 | Transportation Regulatory Fund ........................$78,256 | ||||||
3 | Trauma Center Fund .....................................$1,960 | ||||||
4 | Underground Storage Tank Fund ..........................$3,630 | ||||||
5 | University of Illinois Hospital Services Fund ..........$6,712 | ||||||
6 | Vehicle Hijacking and Motor Vehicle | ||||||
7 | Theft Prevention and Insurance | ||||||
8 | Verification Trust Fund ...........................$10,970 | ||||||
9 | Vehicle Inspection Fund ................................$5,069 | ||||||
10 | Weights and Measures Fund .............................$22,129 | ||||||
11 | Youth Alcoholism and Substance Abuse Prevention Fund .....$526 | ||||||
12 | Attorney General Court Ordered and Voluntary Compliance | ||||||
13 | Payment Projects Fund $38,974 | ||||||
14 | Attorney General Sex Offender Awareness, | ||||||
15 | Training, and Education Fund $539 | ||||||
16 | Aggregate Operations Regulatory Fund $711 | ||||||
17 | Agricultural Premium Fund $25,265 | ||||||
18 | Attorney General's State Projects and Court | ||||||
19 | Ordered Distribution Fund $43,667 | ||||||
20 | Anna Veterans Home Fund $15,792 | ||||||
21 | Appraisal Administration Fund $4,017 | ||||||
22 | Attorney General Whistleblower Reward | ||||||
23 | and Protection Fund $22,896 | ||||||
24 | Bank and Trust Company Fund $78,017 | ||||||
25 | Cannabis Expungement Fund $4,501 | ||||||
26 | Capital Development Board Revolving Fund $2,494 |
| |||||||
| |||||||
1 | Care Provider Fund for Persons with | ||||||
2 | a Developmental Disability $5,707 | ||||||
3 | CDLIS/AAMVAnet/NMVTIS Trust Fund $1,702 | ||||||
4 | Cemetery Oversight Licensing and Disciplinary Fund $5,002 | ||||||
5 | Chicago State University Education | ||||||
6 | Improvement Fund $16,218 | ||||||
7 | Child Support Administrative Fund $2,657 | ||||||
8 | Clean Air Act Permit Fund $10,108 | ||||||
9 | Coal Technology Development Assistance Fund $12,943 | ||||||
10 | Commitment to Human Services Fund $111,465 | ||||||
11 | Common School Fund $445,997 | ||||||
12 | Community Mental Health Medicaid Trust Fund $9,599 | ||||||
13 | Community Water Supply Laboratory Fund $637 | ||||||
14 | Credit Union Fund $16,048 | ||||||
15 | DCFS Children's Services Fund $287,247 | ||||||
16 | Department of Business Services | ||||||
17 | Special Operations Fund $4,402 | ||||||
18 | Department of Corrections Reimbursement | ||||||
19 | and Education Fund $60,429 | ||||||
20 | Design Professionals Administration | ||||||
21 | and Investigation Fund $3,362 | ||||||
22 | Department of Human Services Community Services Fund $5,239 | ||||||
23 | Downstate Public Transportation Fund $30,625 | ||||||
24 | Driver Services Administration Fund $639 | ||||||
25 | Drivers Education Fund $1,202 | ||||||
26 | Drug Rebate Fund $22,702 |
| |||||||
| |||||||
1 | Drug Treatment Fund $571 | ||||||
2 | Drycleaner Environmental Response Trust Fund $846 | ||||||
3 | Education Assistance Fund $1,969,661 | ||||||
4 | Environmental Protection Permit and | ||||||
5 | Inspection Fund $7,079 | ||||||
6 | Facilities Management Revolving Fund $16,163 | ||||||
7 | Federal High Speed Rail Trust Fund $1,264 | ||||||
8 | Federal Workforce Training Fund $91,791 | ||||||
9 | Feed Control Fund $1,701 | ||||||
10 | Fertilizer Control Fund $1,791 | ||||||
11 | Fire Prevention Fund $3,507 | ||||||
12 | Firearm Dealer License Certification Fund $648 | ||||||
13 | Fund for the Advancement of Education $44,609 | ||||||
14 | General Professions Dedicated Fund $31,353 | ||||||
15 | General Revenue Fund $17,663,958 | ||||||
16 | Grade Crossing Protection Fund $1,856 | ||||||
17 | Hazardous Waste Fund $8,446 | ||||||
18 | Health and Human Services Medicaid Trust Fund $6,134 | ||||||
19 | Healthcare Provider Relief Fund $185,164 | ||||||
20 | Horse Racing Fund $169,632 | ||||||
21 | Hospital Provider Fund $63,346 | ||||||
22 | ICCB Federal Trust Fund $10,805 | ||||||
23 | Illinois Affordable Housing Trust Fund $5,414 | ||||||
24 | Illinois Charity Bureau Fund $3,298 | ||||||
25 | Illinois Clean Water Fund $11,951 | ||||||
26 | Illinois Forestry Development Fund $11,004 |
| |||||||
| |||||||
1 | Illinois Gaming Law Enforcement Fund $1,869 | ||||||
2 | IMSA Income Fund $2,188 | ||||||
3 | Illinois Military Family Relief Fund $6,986 | ||||||
4 | Illinois Power Agency Operations Fund $41,229 | ||||||
5 | Illinois State Dental Disciplinary Fund $6,127 | ||||||
6 | Illinois State Fair Fund $660 | ||||||
7 | Illinois State Medical Disciplinary Fund $23,384 | ||||||
8 | Illinois State Pharmacy Disciplinary Fund $10,308 | ||||||
9 | Illinois Veterans Assistance Fund $2,016 | ||||||
10 | Illinois Veterans' Rehabilitation Fund $862 | ||||||
11 | Illinois Wildlife Preservation Fund $1,742 | ||||||
12 | Illinois Workers' Compensation Commission | ||||||
13 | Operations Fund $4,476 | ||||||
14 | Income Tax Refund Fund $239,691 | ||||||
15 | Insurance Financial Regulation Fund $104,462 | ||||||
16 | Insurance Premium Tax Refund Fund $23,121 | ||||||
17 | Insurance Producer Administration Fund $104,566 | ||||||
18 | International Tourism Fund $1,985 | ||||||
19 | LaSalle Veterans Home Fund $46,145 | ||||||
20 | LEADS Maintenance Fund $681 | ||||||
21 | Live and Learn Fund $8,120 | ||||||
22 | Local Government Distributive Fund $154,289 | ||||||
23 | Long-Term Care Provider Fund $6,468 | ||||||
24 | Manteno Veterans Home Fund $93,493 | ||||||
25 | Mental Health Fund $12,227 | ||||||
26 | Mental Health Reporting Fund $611 |
| |||||||
| |||||||
1 | Monitoring Device Driving Permit | ||||||
2 | Administration Fee Fund $617 | ||||||
3 | Motor Carrier Safety Inspection Fund $1,823 | ||||||
4 | Motor Fuel Tax Fund $103,497 | ||||||
5 | Motor Vehicle License Plate Fund $5,656 | ||||||
6 | Motor Vehicle Theft Prevention and Insurance | ||||||
7 | Verification Trust Fund $2,618 | ||||||
8 | Nursing Dedicated and Professional Fund $11,973 | ||||||
9 | Off-Highway Vehicle Trails Fund $1,994 | ||||||
10 | Open Space Lands Acquisition and Development Fund $45,493 | ||||||
11 | Optometric Licensing and Disciplinary Board Fund $1,169 | ||||||
12 | Partners For Conservation Fund $19,950 | ||||||
13 | Pawnbroker Regulation Fund $1,053 | ||||||
14 | Personal Property Tax Replacement Fund $203,036 | ||||||
15 | Pesticide Control Fund $6,845 | ||||||
16 | Professional Services Fund $2,778 | ||||||
17 | Professions Indirect Cost Fund $172,106 | ||||||
18 | Public Pension Regulation Fund $6,919 | ||||||
19 | Public Transportation Fund $77,303 | ||||||
20 | Quincy Veterans Home Fund $91,704 | ||||||
21 | Real Estate License Administration Fund $33,329 | ||||||
22 | Registered Certified Public Accountants' | ||||||
23 | Administration and Disciplinary Fund $3,617 | ||||||
24 | Renewable Energy Resources Trust Fund $1,591 | ||||||
25 | Rental Housing Support Program Fund $1,539 | ||||||
26 | Residential Finance Regulatory Fund $20,510 |
| |||||||
| |||||||
1 | Road Fund $399,062 | ||||||
2 | Regional Transportation Authority Occupation and | ||||||
3 | Use Tax Replacement Fund $5,205 | ||||||
4 | Salmon Fund $655 | ||||||
5 | School Infrastructure Fund $14,015 | ||||||
6 | Secretary of State DUI Administration Fund $1,025 | ||||||
7 | Secretary of State Identification Security | ||||||
8 | and Theft Prevention Fund $4,502 | ||||||
9 | Secretary of State Special License Plate Fund $1,384 | ||||||
10 | Secretary of State Special Services Fund $8,114 | ||||||
11 | Securities Audit and Enforcement Fund $2,824 | ||||||
12 | State Small Business Credit Initiative Fund $4,331 | ||||||
13 | Solid Waste Management Fund $10,397 | ||||||
14 | Special Education Medicaid Matching Fund $2,924 | ||||||
15 | Sports Wagering Fund $8,572 | ||||||
16 | State Police Law Enforcement Administration Fund $6,822 | ||||||
17 | State and Local Sales Tax Reform Fund $10,355 | ||||||
18 | State Asset Forfeiture Fund $1,740 | ||||||
19 | State Aviation Program Fund $557 | ||||||
20 | State Construction Account Fund $195,722 | ||||||
21 | State Crime Laboratory Fund $7,743 | ||||||
22 | State Gaming Fund $204,660 | ||||||
23 | State Garage Revolving Fund $3,731 | ||||||
24 | State Lottery Fund $129,814 | ||||||
25 | State Offender DNA Identification System Fund $1,405 | ||||||
26 | State Pensions Fund $500,000 |
| |||||||
| |||||||
1 | State Police Firearm Services Fund $16,122 | ||||||
2 | State Police Services Fund $21,151 | ||||||
3 | State Police Vehicle Fund $3,013 | ||||||
4 | State Police Whistleblower Reward | ||||||
5 | and Protection Fund $2,452 | ||||||
6 | Subtitle D Management Fund $1,431 | ||||||
7 | Supplemental Low-Income Energy Assistance Fund $68,591 | ||||||
8 | Tax Compliance and Administration Fund $5,259 | ||||||
9 | Technology Management Revolving Fund $244,294 | ||||||
10 | Tobacco Settlement Recovery Fund $4,653 | ||||||
11 | Tourism Promotion Fund $35,322 | ||||||
12 | Traffic and Criminal Conviction Surcharge Fund $136,332 | ||||||
13 | Underground Storage Tank Fund $20,429 | ||||||
14 | University of Illinois Hospital Services Fund $3,664 | ||||||
15 | Vehicle Inspection Fund $11,203 | ||||||
16 | Violent Crime Victims Assistance Fund $14,202 | ||||||
17 | Weights and Measures Fund $6,127 | ||||||
18 | Working Capital Revolving Fund $18,120
| ||||||
19 | Notwithstanding any provision of the law to the contrary, | ||||||
20 | the General
Assembly hereby authorizes the use of such funds | ||||||
21 | for the purposes set forth
in this Section.
| ||||||
22 | These provisions do not apply to funds classified by the | ||||||
23 | Comptroller
as federal trust funds or State trust funds. The | ||||||
24 | Audit Expense Fund may
receive transfers from those trust | ||||||
25 | funds only as directed herein, except
where prohibited by the | ||||||
26 | terms of the trust fund agreement. The Auditor
General shall |
| |||||||
| |||||||
1 | notify the trustees of those funds of the estimated cost of
the | ||||||
2 | audit to be incurred under the Illinois State Auditing Act for | ||||||
3 | the
fund. The trustees of those funds shall direct the State | ||||||
4 | Comptroller and
Treasurer to transfer the estimated amount to | ||||||
5 | the Audit Expense Fund.
| ||||||
6 | The Auditor General may bill entities that are not subject | ||||||
7 | to the above
transfer provisions, including private entities, | ||||||
8 | related organizations and
entities whose funds are | ||||||
9 | locally-held, for the cost of audits, studies, and
| ||||||
10 | investigations incurred on their behalf. Any revenues received | ||||||
11 | under this
provision shall be deposited into the Audit Expense | ||||||
12 | Fund.
| ||||||
13 | In the event that moneys on deposit in any fund are | ||||||
14 | unavailable, by
reason of deficiency or any other reason | ||||||
15 | preventing their lawful
transfer, the State Comptroller shall | ||||||
16 | order transferred
and the State Treasurer shall transfer the | ||||||
17 | amount deficient or otherwise
unavailable from the General | ||||||
18 | Revenue Fund for deposit into the Audit Expense
Fund.
| ||||||
19 | On or before December 1, 1992, and each December 1 | ||||||
20 | thereafter, the
Auditor General shall notify the Governor's | ||||||
21 | Office of Management
and Budget (formerly Bureau of the | ||||||
22 | Budget)
of the amount
estimated to be necessary to pay for | ||||||
23 | audits, studies, and investigations in
accordance with the | ||||||
24 | Illinois State Auditing Act during the next succeeding
fiscal | ||||||
25 | year for each State fund for which a transfer or reimbursement | ||||||
26 | is
anticipated.
|
| |||||||
| |||||||
1 | Beginning with fiscal year 1994 and during each fiscal | ||||||
2 | year thereafter,
the Auditor General may direct the State | ||||||
3 | Comptroller and Treasurer to
transfer moneys from funds | ||||||
4 | authorized by the General Assembly for that
fund. In the event | ||||||
5 | funds, including federal and State trust funds but
excluding | ||||||
6 | the General Revenue Fund, are transferred, during fiscal year | ||||||
7 | 1994
and during each fiscal year thereafter, in excess of the | ||||||
8 | amount to pay actual
costs attributable to audits, studies, | ||||||
9 | and investigations as permitted or
required by the Illinois | ||||||
10 | State Auditing Act or specific action of the General
Assembly, | ||||||
11 | the Auditor General shall, on September 30, or as soon | ||||||
12 | thereafter as
is practicable, direct the State Comptroller and | ||||||
13 | Treasurer to transfer the
excess amount back to the fund from | ||||||
14 | which it was originally transferred.
| ||||||
15 | (Source: P.A. 101-10, eff. 6-5-19; 101-636, eff. 6-10-20; | ||||||
16 | 102-16, eff. 6-17-21; 102-699, eff. 4-19-22.)
| ||||||
17 | (30 ILCS 105/6z-32)
| ||||||
18 | Sec. 6z-32. Partners for Planning and Conservation.
| ||||||
19 | (a) The Partners for Conservation Fund (formerly known as | ||||||
20 | the Conservation 2000 Fund) and the Partners for
Conservation | ||||||
21 | Projects Fund (formerly known as the Conservation 2000 | ||||||
22 | Projects Fund) are
created as special funds in the State | ||||||
23 | Treasury. These funds
shall be used to establish a | ||||||
24 | comprehensive program to protect Illinois' natural
resources | ||||||
25 | through cooperative partnerships between State government and |
| |||||||
| |||||||
1 | public
and private landowners. Moneys in these Funds may be
| ||||||
2 | used, subject to appropriation, by the Department of Natural | ||||||
3 | Resources, Environmental Protection Agency, and the
Department | ||||||
4 | of Agriculture for purposes relating to natural resource | ||||||
5 | protection,
planning, recreation, tourism, climate resilience, | ||||||
6 | and compatible agricultural and economic development
| ||||||
7 | activities. Without limiting these general purposes, moneys in | ||||||
8 | these Funds may
be used, subject to appropriation, for the | ||||||
9 | following specific purposes:
| ||||||
10 | (1) To foster sustainable agriculture practices and | ||||||
11 | control soil erosion,
sedimentation, and nutrient loss | ||||||
12 | from farmland, including grants to Soil and Water | ||||||
13 | Conservation Districts
for conservation practice | ||||||
14 | cost-share grants and for personnel, educational, and
| ||||||
15 | administrative expenses.
| ||||||
16 | (2) To establish and protect a system of ecosystems in | ||||||
17 | public and private
ownership through conservation | ||||||
18 | easements, incentives to public and private
landowners, | ||||||
19 | natural resource restoration and preservation, water | ||||||
20 | quality protection and improvement, land use and watershed | ||||||
21 | planning, technical assistance and grants, and
land | ||||||
22 | acquisition provided these mechanisms are all voluntary on | ||||||
23 | the part of the
landowner and do not involve the use of | ||||||
24 | eminent domain.
| ||||||
25 | (3) To develop a systematic and long-term program to | ||||||
26 | effectively measure
and monitor natural resources and |
| |||||||
| |||||||
1 | ecological conditions through investments in
technology | ||||||
2 | and involvement of scientific experts.
| ||||||
3 | (4) To initiate strategies to enhance, use, and | ||||||
4 | maintain Illinois' inland
lakes through education, | ||||||
5 | technical assistance, research, and financial
incentives.
| ||||||
6 | (5) To partner with private landowners and with units | ||||||
7 | of State, federal, and local government and with | ||||||
8 | not-for-profit organizations in order to integrate State | ||||||
9 | and federal programs with Illinois' natural resource | ||||||
10 | protection and restoration efforts and to meet | ||||||
11 | requirements to obtain federal and other funds for | ||||||
12 | conservation or protection of natural resources. | ||||||
13 | (6) To implement the State's Nutrient Loss Reduction | ||||||
14 | Strategy, including, but not limited to, funding the | ||||||
15 | resources needed to support the Strategy's Policy Working | ||||||
16 | Group, cover water quality monitoring in support of | ||||||
17 | Strategy implementation, prepare a biennial report on the | ||||||
18 | progress made on the Strategy every 2 years, and provide | ||||||
19 | cost share funding for nutrient capture projects. | ||||||
20 | (7) To provide capacity grants to support soil and | ||||||
21 | water conservation districts, including, but not limited | ||||||
22 | to, developing soil health plans, conducting soil health | ||||||
23 | assessments, peer-to-peer training, convening | ||||||
24 | producer-led dialogues, professional development and | ||||||
25 | travel stipends for meetings and educational events.
| ||||||
26 | (b) The State Comptroller and State Treasurer shall |
| ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
1 | automatically transfer
on the last day of each month, | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
2 | beginning on September 30, 1995 and ending on
June 30, 2024 | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
3 | 2023 ,
from the General Revenue Fund to the Partners for | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
4 | Conservation
Fund,
an
amount equal to 1/10 of the amount set | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
5 | forth below in fiscal year 1996 and
an amount equal to 1/12 of | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
6 | the amount set forth below in each of the other
specified | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
7 | fiscal years:
| |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
26 | (c) The State Comptroller and State Treasurer shall |
| |||||||
| |||||||
1 | automatically transfer on the last day of each month beginning | ||||||
2 | on July 31, 2021 and ending June 30, 2022, from the | ||||||
3 | Environmental Protection Permit and Inspection Fund to the | ||||||
4 | Partners for Conservation Fund, an amount equal to 1/12 of | ||||||
5 | $4,135,000.
| ||||||
6 | (c-1) The State Comptroller and State Treasurer shall | ||||||
7 | automatically transfer on the last day of each month beginning | ||||||
8 | on July 31, 2022 and ending June 30, 2023, from the | ||||||
9 | Environmental Protection Permit and Inspection Fund to the | ||||||
10 | Partners for Conservation Fund, an amount equal to 1/12 of | ||||||
11 | $5,900,000. | ||||||
12 | (d) There shall be deposited into the Partners for
| ||||||
13 | Conservation Projects Fund such
bond proceeds and other moneys | ||||||
14 | as may, from time to time, be provided by law.
| ||||||
15 | (Source: P.A. 101-10, eff. 6-5-19; 102-16, eff. 6-17-21; | ||||||
16 | 102-699, eff. 4-19-22.)
| ||||||
17 | (30 ILCS 105/6z-35)
| ||||||
18 | Sec. 6z-35.
There is hereby created in the State Treasury | ||||||
19 | a special fund
to be known as the Live and Learn Fund. The | ||||||
20 | Comptroller and the Treasurer
shall transfer $1,742,000 from | ||||||
21 | the General Revenue Fund into the Live and Learn
Fund each | ||||||
22 | month. The first transfer shall be made 60 days after the | ||||||
23 | effective
date of this amendatory Act of 1993, with subsequent | ||||||
24 | transfers occurring on the
first of each month. Moneys | ||||||
25 | deposited into the Fund may, subject to
appropriation, be used |
| |||||||
| |||||||
1 | by the Secretary of State for any or all of the
following | ||||||
2 | purposes:
| ||||||
3 | (a) An organ donation awareness or education program.
| ||||||
4 | (b) To provide additional funds for all types of | ||||||
5 | library grants as
authorized and administered by the | ||||||
6 | Secretary of State as State Librarian.
| ||||||
7 | On July 1, 2023, any future deposits due to the Live and | ||||||
8 | Learn Fund and any outstanding obligations or liabilities of | ||||||
9 | that Fund shall pass to the General Revenue Fund. On November | ||||||
10 | 1, 2023, or as soon thereafter as practical, the State | ||||||
11 | Comptroller shall direct and the State Treasurer shall | ||||||
12 | transfer the remaining balance from the Live and Learn Fund | ||||||
13 | into the Secretary of State Special Services Fund. This | ||||||
14 | Section is repealed on January 1, 2024. | ||||||
15 | (Source: P.A. 88-78.)
| ||||||
16 | (30 ILCS 105/6z-43)
| ||||||
17 | Sec. 6z-43. Tobacco Settlement Recovery Fund.
| ||||||
18 | (a) There is created in the State Treasury a special fund | ||||||
19 | to be known
as the Tobacco Settlement Recovery Fund, which | ||||||
20 | shall contain 3 accounts: (i) the General Account, (ii) the | ||||||
21 | Tobacco Settlement Bond Proceeds Account and (iii) the Tobacco | ||||||
22 | Settlement Residual Account. There shall be deposited into the | ||||||
23 | several accounts of the Tobacco Settlement Recovery Fund
and | ||||||
24 | the Attorney General Tobacco Fund all monies paid to the State | ||||||
25 | pursuant to (1) the Master Settlement Agreement
entered in the |
| |||||||
| |||||||
1 | case of People of the State of Illinois v. Philip Morris, et | ||||||
2 | al.
(Circuit Court of Cook County, No. 96-L13146) and (2) any | ||||||
3 | settlement with or
judgment against any tobacco product | ||||||
4 | manufacturer other than one participating
in the Master | ||||||
5 | Settlement Agreement in satisfaction of any released claim as
| ||||||
6 | defined in the Master Settlement Agreement, as well as any | ||||||
7 | other monies as
provided by law. Moneys shall be deposited | ||||||
8 | into
the Tobacco Settlement Bond Proceeds Account and the | ||||||
9 | Tobacco Settlement Residual Account as provided by the terms | ||||||
10 | of the Railsplitter Tobacco Settlement Authority Act, provided | ||||||
11 | that an annual amount not less than $2,500,000, subject to | ||||||
12 | appropriation, shall be deposited into the Attorney General | ||||||
13 | Tobacco Fund for use only by the Attorney General's office. | ||||||
14 | The scheduled $2,500,000 deposit into the Tobacco Settlement | ||||||
15 | Residual Account for fiscal year 2011 should be transferred to | ||||||
16 | the Attorney General Tobacco Fund in fiscal year 2012 as soon | ||||||
17 | as this fund has been established. All other moneys available | ||||||
18 | to be deposited into the Tobacco Settlement Recovery Fund | ||||||
19 | shall be deposited into the General Account. An investment | ||||||
20 | made from moneys credited to a specific account constitutes | ||||||
21 | part of that account and such account shall be credited with | ||||||
22 | all income from the investment of such moneys. The Treasurer
| ||||||
23 | may invest the moneys in the several accounts of the Fund in | ||||||
24 | the same manner, in the same types of
investments, and subject | ||||||
25 | to the same limitations provided in the Illinois
Pension Code | ||||||
26 | for the investment of pension funds other than those |
| |||||||
| |||||||
1 | established
under Article 3 or 4 of the Code. Notwithstanding | ||||||
2 | the foregoing, to the extent necessary to preserve the | ||||||
3 | tax-exempt status of any bonds issued pursuant to the | ||||||
4 | Railsplitter Tobacco Settlement Authority Act, the interest on | ||||||
5 | which is intended to be excludable from the gross income of the | ||||||
6 | owners for federal income tax purposes, moneys on deposit in | ||||||
7 | the Tobacco Settlement Bond Proceeds Account and the Tobacco | ||||||
8 | Settlement Residual Account may be invested in obligations the | ||||||
9 | interest upon which is tax-exempt under the provisions of | ||||||
10 | Section 103 of the Internal Revenue Code of 1986, as now or | ||||||
11 | hereafter amended, or any successor code or provision.
| ||||||
12 | (b) Moneys on deposit in the Tobacco Settlement Bond | ||||||
13 | Proceeds Account and the Tobacco Settlement Residual Account | ||||||
14 | may be expended, subject to appropriation, for the purposes | ||||||
15 | authorized in subsection (g) of Section 3-6 of the | ||||||
16 | Railsplitter Tobacco Settlement Authority Act. | ||||||
17 | (b-5) Moneys on deposit in the Tobacco Settlement Recovery | ||||||
18 | Fund may be expended, subject to appropriation, for payments | ||||||
19 | pursuant to Section 2.13 of the Governor's Office of | ||||||
20 | Management and Budget Act. | ||||||
21 | (c) As soon as may be practical after June 30, 2001, upon | ||||||
22 | notification
from and at the direction of the Governor, the | ||||||
23 | State Comptroller shall direct
and the State Treasurer shall | ||||||
24 | transfer the unencumbered balance in the Tobacco
Settlement | ||||||
25 | Recovery Fund as of June 30, 2001, as determined by the | ||||||
26 | Governor,
into the Budget Stabilization Fund. The Treasurer |
| |||||||
| |||||||
1 | may invest the moneys in the
Budget Stabilization Fund in the | ||||||
2 | same manner, in the same types of investments,
and subject to | ||||||
3 | the same limitations provided in the Illinois Pension Code for
| ||||||
4 | the investment of pension funds other than those established | ||||||
5 | under Article 3 or
4 of the Code.
| ||||||
6 | (d) All federal financial participation moneys received
| ||||||
7 | pursuant to expenditures from the Fund shall be deposited into | ||||||
8 | the General Account.
| ||||||
9 | (Source: P.A. 99-78, eff. 7-20-15.)
| ||||||
10 | (30 ILCS 105/6z-100) | ||||||
11 | (Section scheduled to be repealed on July 1, 2023) | ||||||
12 | Sec. 6z-100. Capital Development Board Revolving Fund; | ||||||
13 | payments into and use. All monies received by the Capital | ||||||
14 | Development Board for publications or copies issued by the | ||||||
15 | Board, and all monies received for contract administration | ||||||
16 | fees, charges, or reimbursements owing to the Board shall be | ||||||
17 | deposited into a special fund known as the Capital Development | ||||||
18 | Board Revolving Fund, which is hereby created in the State | ||||||
19 | treasury. The monies in this Fund shall be used by the Capital | ||||||
20 | Development Board, as appropriated, for expenditures for | ||||||
21 | personal services, retirement, social security, contractual | ||||||
22 | services, legal services, travel, commodities, printing, | ||||||
23 | equipment, electronic data processing, or telecommunications. | ||||||
24 | For fiscal year 2021 and thereafter, the monies in this Fund | ||||||
25 | may also be appropriated to and used by the Executive Ethics |
| |||||||
| |||||||
1 | Commission for oversight and administration of the Chief | ||||||
2 | Procurement Officer appointed under paragraph (1) of | ||||||
3 | subsection (a) of Section 10-20 of the Illinois Procurement | ||||||
4 | Code. Unexpended moneys in the Fund shall not be transferred | ||||||
5 | or allocated by the Comptroller or Treasurer to any other | ||||||
6 | fund, nor shall the Governor authorize the transfer or | ||||||
7 | allocation of those moneys to any other fund. This Section is | ||||||
8 | repealed July 1, 2025 2023 .
| ||||||
9 | (Source: P.A. 101-10, eff. 6-5-19; 101-636, eff. 6-10-20; | ||||||
10 | 101-645, eff. 6-26-20; 102-16, eff. 6-17-21; 102-699, eff. | ||||||
11 | 4-19-22.) | ||||||
12 | (30 ILCS 105/6z-121) | ||||||
13 | Sec. 6z-121. State Coronavirus Urgent Remediation | ||||||
14 | Emergency Fund. | ||||||
15 | (a) The State Coronavirus Urgent Remediation Emergency | ||||||
16 | (State CURE) Fund is created as a federal trust fund within the | ||||||
17 | State treasury. The State CURE Fund shall be held separate and | ||||||
18 | apart from all other funds in the State treasury. The State | ||||||
19 | CURE Fund is established: (1) to receive, directly or | ||||||
20 | indirectly, federal funds from the Coronavirus Relief Fund in | ||||||
21 | accordance with Section 5001 of the federal Coronavirus Aid, | ||||||
22 | Relief, and Economic Security (CARES) Act, the Coronavirus | ||||||
23 | State Fiscal Recovery Fund in accordance with Section 9901 of | ||||||
24 | the American Rescue Plan Act of 2021, or from any other federal | ||||||
25 | fund pursuant to any other provision of the American Rescue |
| |||||||
| |||||||
1 | Plan Act of 2021 or any other federal law; and (2) to provide | ||||||
2 | for the transfer, distribution and expenditure of such federal | ||||||
3 | funds as permitted in the federal Coronavirus Aid, Relief, and | ||||||
4 | Economic Security (CARES) Act, the American Rescue Plan Act of | ||||||
5 | 2021, and related federal guidance or any other federal law, | ||||||
6 | and as authorized by this Section. | ||||||
7 | (b) Federal funds received by the State from the | ||||||
8 | Coronavirus Relief Fund in accordance with Section 5001 of the | ||||||
9 | federal Coronavirus Aid, Relief, and Economic Security (CARES) | ||||||
10 | Act, the Coronavirus State Fiscal Recovery Fund in accordance | ||||||
11 | with Section 9901 of the American Rescue Plan Act of 2021, or | ||||||
12 | any other federal funds received pursuant to the American | ||||||
13 | Rescue Plan Act of 2021 or any other federal law, may be | ||||||
14 | deposited, directly or indirectly, into the State CURE Fund. | ||||||
15 | (c) Funds in the State CURE Fund may be expended, subject | ||||||
16 | to appropriation, directly for purposes permitted under the | ||||||
17 | federal law and related federal guidance governing the use of | ||||||
18 | such funds, which may include without limitation purposes | ||||||
19 | permitted in Section 5001 of the CARES Act and Sections 3201, | ||||||
20 | 3206, and 9901 of the American Rescue Plan Act of 2021 , or as | ||||||
21 | otherwise provided by law and consistent with appropriations | ||||||
22 | of the General Assembly . All federal funds received into the | ||||||
23 | State CURE Fund from the Coronavirus Relief Fund, the | ||||||
24 | Coronavirus State Fiscal Recovery Fund, or any other source | ||||||
25 | under the American Rescue Plan Act of 2021, may be | ||||||
26 | transferred, expended, or returned by the Illinois Emergency |
| |||||||
| |||||||
1 | Management Agency at the direction of the Governor for the | ||||||
2 | specific purposes permitted by the federal Coronavirus Aid, | ||||||
3 | Relief, and Economic Security (CARES) Act, the American Rescue | ||||||
4 | Plan Act of 2021, any related regulations or federal guidance, | ||||||
5 | and any terms and conditions of the federal awards received by | ||||||
6 | the State thereunder. The State Comptroller shall direct and | ||||||
7 | the State Treasurer shall transfer, as directed by the | ||||||
8 | Governor in writing, a portion of the federal funds received | ||||||
9 | from the Coronavirus Relief Fund or from any other federal | ||||||
10 | fund pursuant to any other provision of federal law to the | ||||||
11 | Local Coronavirus Urgent Remediation Emergency (Local CURE) | ||||||
12 | Fund from time to time for the provision and administration of | ||||||
13 | grants to units of local government as permitted by the | ||||||
14 | federal Coronavirus Aid, Relief, and Economic Security (CARES) | ||||||
15 | Act, any related federal guidance, and any other additional | ||||||
16 | federal law that may provide authorization. The State | ||||||
17 | Comptroller shall direct and the State Treasurer shall | ||||||
18 | transfer amounts, as directed by the Governor in writing, from | ||||||
19 | the State CURE Fund to the Essential Government Services | ||||||
20 | Support Fund to be used for the provision of government | ||||||
21 | services as permitted under Section 602(c)(1)(C) of the Social | ||||||
22 | Security Act as enacted by Section 9901 of the American Rescue | ||||||
23 | Plan Act and related federal guidance. Funds in the State CURE | ||||||
24 | Fund also may be transferred to other funds in the State | ||||||
25 | treasury as reimbursement for expenditures made from such | ||||||
26 | other funds if the expenditures are eligible for federal |
| |||||||
| |||||||
1 | reimbursement under Section 5001 of the federal Coronavirus | ||||||
2 | Aid, Relief, and Economic Security (CARES) Act, the relevant | ||||||
3 | provisions of the American Rescue Plan Act of 2021, or any | ||||||
4 | related federal guidance. | ||||||
5 | (d) Once the General Assembly has enacted appropriations | ||||||
6 | from the State CURE Fund, the expenditure of funds from the | ||||||
7 | State CURE Fund shall be subject to appropriation by the | ||||||
8 | General Assembly, and shall be administered by the Illinois | ||||||
9 | Emergency Management Agency at the direction of the Governor. | ||||||
10 | The Illinois Emergency Management Agency, and other agencies | ||||||
11 | as named in appropriations, shall transfer, distribute or | ||||||
12 | expend the funds. The State Comptroller shall direct and the | ||||||
13 | State Treasurer shall transfer funds in the State CURE Fund to | ||||||
14 | other funds in the State treasury as reimbursement for | ||||||
15 | expenditures made from such other funds if the expenditures | ||||||
16 | are eligible for federal reimbursement under Section 5001 of | ||||||
17 | the federal Coronavirus Aid, Relief, and Economic Security | ||||||
18 | (CARES) Act, the relevant provisions of the American Rescue | ||||||
19 | Plan Act of 2021, or any related federal guidance, as directed | ||||||
20 | in writing by the Governor. Additional funds that may be | ||||||
21 | received from the federal government from legislation enacted | ||||||
22 | in response to the impact of Coronavirus Disease 2019, | ||||||
23 | including fiscal stabilization payments that replace revenues | ||||||
24 | lost due to Coronavirus Disease 2019, The State Comptroller | ||||||
25 | may direct and the State Treasurer shall transfer in the | ||||||
26 | manner authorized or required by any related federal guidance, |
| |||||||
| |||||||
1 | as directed in writing by the Governor. | ||||||
2 | (e) The Illinois Emergency Management Agency, in | ||||||
3 | coordination with the Governor's Office of Management and | ||||||
4 | Budget, shall identify amounts derived from the State's | ||||||
5 | Coronavirus Relief Fund allocation and transferred from the | ||||||
6 | State CURE Fund as directed by the Governor under this Section | ||||||
7 | that remain unobligated and unexpended for the period that | ||||||
8 | ended on December 31, 2021. The Agency shall certify to the | ||||||
9 | State Comptroller and the State Treasurer the amounts | ||||||
10 | identified as unobligated and unexpended. The State | ||||||
11 | Comptroller shall direct and the State Treasurer shall | ||||||
12 | transfer the unobligated and unexpended funds identified by | ||||||
13 | the Agency and held in other funds of the State Treasury under | ||||||
14 | this Section to the State CURE Fund. Unexpended funds in the | ||||||
15 | State CURE Fund shall be paid back to the federal government at | ||||||
16 | the direction of the Governor.
| ||||||
17 | (f) In addition to any other transfers that may be | ||||||
18 | provided for by law, at the direction of the Governor, the | ||||||
19 | State Comptroller shall direct and the State Treasurer shall | ||||||
20 | transfer the sum of $24,523,000 from the State CURE Fund to the | ||||||
21 | Chicago Travel Industry Promotion Fund. | ||||||
22 | (g) In addition to any other transfers that may be | ||||||
23 | provided for by law, at the direction of the Governor, the | ||||||
24 | State Comptroller shall direct and the State Treasurer shall | ||||||
25 | transfer the sum of $30,000,000 from the State CURE Fund to the | ||||||
26 | Metropolitan Pier and Exposition Authority Incentive Fund. |
| |||||||
| |||||||
1 | (h) In addition to any other transfers that may be | ||||||
2 | provided for by law, at the direction of the Governor, the | ||||||
3 | State Comptroller shall direct and the State Treasurer shall | ||||||
4 | transfer the sum of $45,180,000 from the State CURE Fund to the | ||||||
5 | Local Tourism Fund. | ||||||
6 | (Source: P.A. 101-636, eff. 6-10-20; 102-16, eff. 6-17-21; | ||||||
7 | 102-699, eff. 4-19-22.)
| ||||||
8 | (30 ILCS 105/6z-126)
| ||||||
9 | Sec. 6z-126. Law Enforcement Training Fund. The Law | ||||||
10 | Enforcement Training Fund is hereby created as a special fund | ||||||
11 | in the State treasury. Moneys in the Fund shall consist of: (i) | ||||||
12 | 90% of the revenue from increasing the insurance producer | ||||||
13 | license fees, as provided under subsection (a-5) of Section | ||||||
14 | 500-135 of the Illinois Insurance Code; and (ii) 90% of the | ||||||
15 | moneys collected from auto insurance policy fees under Section | ||||||
16 | 8.6 of the Illinois Vehicle Hijacking and Motor Vehicle Theft | ||||||
17 | Prevention and Insurance Verification Act. This Fund shall be | ||||||
18 | used by the Illinois Law Enforcement Training Standards Board | ||||||
19 | for the following purposes: (i) to fund law enforcement | ||||||
20 | certification compliance ; (ii) for and the development and | ||||||
21 | provision of basic courses by Board-approved academics, and | ||||||
22 | in-service courses by approved academies ; and (iii) for the | ||||||
23 | ordinary and contingent expenses of the Illinois Law | ||||||
24 | Enforcement Training Standards Board .
| ||||||
25 | (Source: P.A. 102-16, eff. 6-17-21; 102-904, eff. 1-1-23; |
| |||||||
| |||||||
1 | 102-1071, eff. 6-10-22; revised 12-13-22.) | ||||||
2 | (30 ILCS 105/8.3) (from Ch. 127, par. 144.3) | ||||||
3 | Sec. 8.3. Money in the Road Fund shall, if and when the | ||||||
4 | State of
Illinois incurs any bonded indebtedness for the | ||||||
5 | construction of
permanent highways, be set aside and used for | ||||||
6 | the purpose of paying and
discharging annually the principal | ||||||
7 | and interest on that bonded
indebtedness then due and payable, | ||||||
8 | and for no other purpose. The
surplus, if any, in the Road Fund | ||||||
9 | after the payment of principal and
interest on that bonded | ||||||
10 | indebtedness then annually due shall be used as
follows: | ||||||
11 | first -- to pay the cost of administration of Chapters | ||||||
12 | 2 through 10 of
the Illinois Vehicle Code, except the cost | ||||||
13 | of administration of Articles I and
II of Chapter 3 of that | ||||||
14 | Code, and to pay the costs of the Executive Ethics | ||||||
15 | Commission for oversight and administration of the Chief | ||||||
16 | Procurement Officer appointed under paragraph (2) of | ||||||
17 | subsection (a) of Section 10-20 of the Illinois | ||||||
18 | Procurement Code for transportation; and | ||||||
19 | secondly -- for expenses of the Department of | ||||||
20 | Transportation for
construction, reconstruction, | ||||||
21 | improvement, repair, maintenance,
operation, and | ||||||
22 | administration of highways in accordance with the
| ||||||
23 | provisions of laws relating thereto, or for any purpose | ||||||
24 | related or
incident to and connected therewith, including | ||||||
25 | the separation of grades
of those highways with railroads |
| |||||||
| |||||||
1 | and with highways and including the
payment of awards made | ||||||
2 | by the Illinois Workers' Compensation Commission under the | ||||||
3 | terms of
the Workers' Compensation Act or Workers' | ||||||
4 | Occupational Diseases Act for
injury or death of an | ||||||
5 | employee of the Division of Highways in the
Department of | ||||||
6 | Transportation; or for the acquisition of land and the
| ||||||
7 | erection of buildings for highway purposes, including the | ||||||
8 | acquisition of
highway right-of-way or for investigations | ||||||
9 | to determine the reasonably
anticipated future highway | ||||||
10 | needs; or for making of surveys, plans,
specifications and | ||||||
11 | estimates for and in the construction and maintenance
of | ||||||
12 | flight strips and of highways necessary to provide access | ||||||
13 | to military
and naval reservations, to defense industries | ||||||
14 | and defense-industry
sites, and to the sources of raw | ||||||
15 | materials and for replacing existing
highways and highway | ||||||
16 | connections shut off from general public use at
military | ||||||
17 | and naval reservations and defense-industry sites, or for | ||||||
18 | the
purchase of right-of-way, except that the State shall | ||||||
19 | be reimbursed in
full for any expense incurred in building | ||||||
20 | the flight strips; or for the
operating and maintaining of | ||||||
21 | highway garages; or for patrolling and
policing the public | ||||||
22 | highways and conserving the peace; or for the operating | ||||||
23 | expenses of the Department relating to the administration | ||||||
24 | of public transportation programs; or, during fiscal year | ||||||
25 | 2022, for the purposes of a grant not to exceed $8,394,800 | ||||||
26 | to the Regional Transportation Authority on behalf of PACE |
| |||||||
| |||||||
1 | for the purpose of ADA/Para-transit expenses; or, during | ||||||
2 | fiscal year 2023, for the purposes of a grant not to exceed | ||||||
3 | $8,394,800 to the Regional Transportation Authority on | ||||||
4 | behalf of PACE for the purpose of ADA/Para-transit | ||||||
5 | expenses; or, during fiscal year 2024, for the purposes of | ||||||
6 | a grant not to exceed $9,108,400 to the Regional | ||||||
7 | Transportation Authority on behalf of PACE for the purpose | ||||||
8 | of ADA/Para-transit expenses; or for any of
those purposes | ||||||
9 | or any other purpose that may be provided by law. | ||||||
10 | Appropriations for any of those purposes are payable from | ||||||
11 | the Road
Fund. Appropriations may also be made from the Road | ||||||
12 | Fund for the
administrative expenses of any State agency that | ||||||
13 | are related to motor
vehicles or arise from the use of motor | ||||||
14 | vehicles. | ||||||
15 | Beginning with fiscal year 1980 and thereafter, no Road | ||||||
16 | Fund monies
shall be appropriated to the following Departments | ||||||
17 | or agencies of State
government for administration, grants, or | ||||||
18 | operations; but this
limitation is not a restriction upon | ||||||
19 | appropriating for those purposes any
Road Fund monies that are | ||||||
20 | eligible for federal reimbursement: | ||||||
21 | 1. Department of Public Health; | ||||||
22 | 2. Department of Transportation, only with respect to | ||||||
23 | subsidies for
one-half fare Student Transportation and | ||||||
24 | Reduced Fare for Elderly, except fiscal year 2022 when no | ||||||
25 | more than $17,570,000 may be expended and except fiscal | ||||||
26 | year 2023 when no more than $17,570,000 may be expended |
| |||||||
| |||||||
1 | and except fiscal year 2024 when no more than $19,063,500 | ||||||
2 | may be expended ; | ||||||
3 | 3. Department of Central Management
Services, except | ||||||
4 | for expenditures
incurred for group insurance premiums of | ||||||
5 | appropriate personnel; | ||||||
6 | 4. Judicial Systems and Agencies. | ||||||
7 | Beginning with fiscal year 1981 and thereafter, no Road | ||||||
8 | Fund monies
shall be appropriated to the following Departments | ||||||
9 | or agencies of State
government for administration, grants, or | ||||||
10 | operations; but this
limitation is not a restriction upon | ||||||
11 | appropriating for those purposes any
Road Fund monies that are | ||||||
12 | eligible for federal reimbursement: | ||||||
13 | 1. Illinois State Police, except for expenditures with
| ||||||
14 | respect to the Division of Patrol Operations and Division | ||||||
15 | of Criminal Investigation; | ||||||
16 | 2. Department of Transportation, only with respect to | ||||||
17 | Intercity Rail
Subsidies, except fiscal year 2022 when no | ||||||
18 | more than $50,000,000 may be expended and except fiscal | ||||||
19 | year 2023 when no more than $55,000,000 may be expended | ||||||
20 | and except fiscal year 2024 when no more than $60,000,000 | ||||||
21 | may be expended , and Rail Freight Services. | ||||||
22 | Beginning with fiscal year 1982 and thereafter, no Road | ||||||
23 | Fund monies
shall be appropriated to the following Departments | ||||||
24 | or agencies of State
government for administration, grants, or | ||||||
25 | operations; but this
limitation is not a restriction upon | ||||||
26 | appropriating for those purposes any
Road Fund monies that are |
| |||||||
| |||||||
1 | eligible for federal reimbursement: Department
of Central | ||||||
2 | Management Services, except for awards made by
the Illinois | ||||||
3 | Workers' Compensation Commission under the terms of the | ||||||
4 | Workers' Compensation Act
or Workers' Occupational Diseases | ||||||
5 | Act for injury or death of an employee of
the Division of | ||||||
6 | Highways in the Department of Transportation. | ||||||
7 | Beginning with fiscal year 1984 and thereafter, no Road | ||||||
8 | Fund monies
shall be appropriated to the following Departments | ||||||
9 | or agencies of State
government for administration, grants, or | ||||||
10 | operations; but this
limitation is not a restriction upon | ||||||
11 | appropriating for those purposes any
Road Fund monies that are | ||||||
12 | eligible for federal reimbursement: | ||||||
13 | 1. Illinois State Police, except not more than 40% of | ||||||
14 | the
funds appropriated for the Division of Patrol | ||||||
15 | Operations and Division of Criminal Investigation; | ||||||
16 | 2. State Officers. | ||||||
17 | Beginning with fiscal year 1984 and thereafter, no Road | ||||||
18 | Fund monies
shall be appropriated to any Department or agency | ||||||
19 | of State government
for administration, grants, or operations | ||||||
20 | except as provided hereafter;
but this limitation is not a | ||||||
21 | restriction upon appropriating for those
purposes any Road | ||||||
22 | Fund monies that are eligible for federal
reimbursement. It | ||||||
23 | shall not be lawful to circumvent the above
appropriation | ||||||
24 | limitations by governmental reorganization or other
methods. | ||||||
25 | Appropriations shall be made from the Road Fund only in
| ||||||
26 | accordance with the provisions of this Section. |
| |||||||
| |||||||
1 | Money in the Road Fund shall, if and when the State of | ||||||
2 | Illinois
incurs any bonded indebtedness for the construction | ||||||
3 | of permanent
highways, be set aside and used for the purpose of | ||||||
4 | paying and
discharging during each fiscal year the principal | ||||||
5 | and interest on that
bonded indebtedness as it becomes due and | ||||||
6 | payable as provided in the
Transportation Bond Act, and for no | ||||||
7 | other
purpose. The surplus, if any, in the Road Fund after the | ||||||
8 | payment of
principal and interest on that bonded indebtedness | ||||||
9 | then annually due
shall be used as follows: | ||||||
10 | first -- to pay the cost of administration of Chapters | ||||||
11 | 2 through 10
of the Illinois Vehicle Code; and | ||||||
12 | secondly -- no Road Fund monies derived from fees, | ||||||
13 | excises, or
license taxes relating to registration, | ||||||
14 | operation and use of vehicles on
public highways or to | ||||||
15 | fuels used for the propulsion of those vehicles,
shall be | ||||||
16 | appropriated or expended other than for costs of | ||||||
17 | administering
the laws imposing those fees, excises, and | ||||||
18 | license taxes, statutory
refunds and adjustments allowed | ||||||
19 | thereunder, administrative costs of the
Department of | ||||||
20 | Transportation, including, but not limited to, the | ||||||
21 | operating expenses of the Department relating to the | ||||||
22 | administration of public transportation programs, payment | ||||||
23 | of debts and liabilities incurred
in construction and | ||||||
24 | reconstruction of public highways and bridges,
acquisition | ||||||
25 | of rights-of-way for and the cost of construction,
| ||||||
26 | reconstruction, maintenance, repair, and operation of |
| |||||||
| |||||||
1 | public highways and
bridges under the direction and | ||||||
2 | supervision of the State, political
subdivision, or | ||||||
3 | municipality collecting those monies, or during fiscal | ||||||
4 | year 2022 for the purposes of a grant not to exceed | ||||||
5 | $8,394,800 to the Regional Transportation Authority on | ||||||
6 | behalf of PACE for the purpose of ADA/Para-transit | ||||||
7 | expenses, or during fiscal year 2023 for the purposes of a | ||||||
8 | grant not to exceed $8,394,800 to the Regional | ||||||
9 | Transportation Authority on behalf of PACE for the purpose | ||||||
10 | of ADA/Para-transit expenses, or during fiscal year 2024 | ||||||
11 | for the purposes of a grant not to exceed $9,108,400 to the | ||||||
12 | Regional Transportation Authority on behalf of PACE for | ||||||
13 | the purpose of ADA/Para-transit expenses, and the costs | ||||||
14 | for
patrolling and policing the public highways (by the | ||||||
15 | State, political
subdivision, or municipality collecting | ||||||
16 | that money) for enforcement of
traffic laws. The | ||||||
17 | separation of grades of such highways with railroads
and | ||||||
18 | costs associated with protection of at-grade highway and | ||||||
19 | railroad
crossing shall also be permissible. | ||||||
20 | Appropriations for any of such purposes are payable from | ||||||
21 | the Road
Fund or the Grade Crossing Protection Fund as | ||||||
22 | provided in Section 8 of
the Motor Fuel Tax Law. | ||||||
23 | Except as provided in this paragraph, beginning with | ||||||
24 | fiscal year 1991 and
thereafter, no Road Fund monies
shall be | ||||||
25 | appropriated to the Illinois State Police for the purposes of
| ||||||
26 | this Section in excess of its total fiscal year 1990 Road Fund
|
| |||||||
| |||||||
1 | appropriations for those purposes unless otherwise provided in | ||||||
2 | Section 5g of
this Act.
For fiscal years 2003,
2004, 2005, | ||||||
3 | 2006, and 2007 only, no Road Fund monies shall
be appropriated | ||||||
4 | to the
Department of State Police for the purposes of this | ||||||
5 | Section in excess of
$97,310,000.
For fiscal year 2008 only, | ||||||
6 | no Road
Fund monies shall be appropriated to the Department of | ||||||
7 | State Police for the purposes of
this Section in excess of | ||||||
8 | $106,100,000. For fiscal year 2009 only, no Road Fund monies | ||||||
9 | shall be appropriated to the Department of State Police for | ||||||
10 | the purposes of this Section in excess of $114,700,000. | ||||||
11 | Beginning in fiscal year 2010, no road fund moneys shall be | ||||||
12 | appropriated to the Illinois State Police. It shall not be | ||||||
13 | lawful to circumvent this limitation on
appropriations by | ||||||
14 | governmental reorganization or other methods unless
otherwise | ||||||
15 | provided in Section 5g of this Act. | ||||||
16 | In fiscal year 1994, no Road Fund monies shall be | ||||||
17 | appropriated
to the
Secretary of State for the purposes of | ||||||
18 | this Section in excess of the total
fiscal year 1991 Road Fund | ||||||
19 | appropriations to the Secretary of State for
those purposes, | ||||||
20 | plus $9,800,000. It
shall not be
lawful to circumvent
this | ||||||
21 | limitation on appropriations by governmental reorganization or | ||||||
22 | other
method. | ||||||
23 | Beginning with fiscal year 1995 and thereafter, no Road | ||||||
24 | Fund
monies
shall be appropriated to the Secretary of State | ||||||
25 | for the purposes of this
Section in excess of the total fiscal | ||||||
26 | year 1994 Road Fund
appropriations to
the Secretary of State |
| ||||||||||||||||||||||||||||||||||||||||||
| ||||||||||||||||||||||||||||||||||||||||||
1 | for those purposes. It shall not be lawful to
circumvent this | |||||||||||||||||||||||||||||||||||||||||
2 | limitation on appropriations by governmental reorganization
or | |||||||||||||||||||||||||||||||||||||||||
3 | other methods. | |||||||||||||||||||||||||||||||||||||||||
4 | Beginning with fiscal year 2000, total Road Fund | |||||||||||||||||||||||||||||||||||||||||
5 | appropriations to the
Secretary of State for the purposes of | |||||||||||||||||||||||||||||||||||||||||
6 | this Section shall not exceed the
amounts specified for the | |||||||||||||||||||||||||||||||||||||||||
7 | following fiscal years: | |||||||||||||||||||||||||||||||||||||||||
| ||||||||||||||||||||||||||||||||||||||||||
18 | For fiscal year 2010, no road fund moneys shall be | |||||||||||||||||||||||||||||||||||||||||
19 | appropriated to the Secretary of State. | |||||||||||||||||||||||||||||||||||||||||
20 | Beginning in fiscal year 2011, moneys in the Road Fund | |||||||||||||||||||||||||||||||||||||||||
21 | shall be appropriated to the Secretary of State for the | |||||||||||||||||||||||||||||||||||||||||
22 | exclusive purpose of paying refunds due to overpayment of fees | |||||||||||||||||||||||||||||||||||||||||
23 | related to Chapter 3 of the Illinois Vehicle Code unless | |||||||||||||||||||||||||||||||||||||||||
24 | otherwise provided for by law. | |||||||||||||||||||||||||||||||||||||||||
25 | It shall not be lawful to circumvent this limitation on | |||||||||||||||||||||||||||||||||||||||||
26 | appropriations by
governmental reorganization or other |
| |||||||
| |||||||
1 | methods. | ||||||
2 | No new program may be initiated in fiscal year 1991 and
| ||||||
3 | thereafter that is not consistent with the limitations imposed | ||||||
4 | by this
Section for fiscal year 1984 and thereafter, insofar | ||||||
5 | as appropriation of
Road Fund monies is concerned. | ||||||
6 | Nothing in this Section prohibits transfers from the Road | ||||||
7 | Fund to the
State Construction Account Fund under Section 5e | ||||||
8 | of this Act; nor to the
General Revenue Fund, as authorized by | ||||||
9 | Public Act 93-25. | ||||||
10 | The additional amounts authorized for expenditure in this | ||||||
11 | Section by Public Acts 92-0600, 93-0025, 93-0839, and 94-91
| ||||||
12 | shall be repaid to the Road Fund
from the General Revenue Fund | ||||||
13 | in the next succeeding fiscal year that the
General Revenue | ||||||
14 | Fund has a positive budgetary balance, as determined by
| ||||||
15 | generally accepted accounting principles applicable to | ||||||
16 | government. | ||||||
17 | The additional amounts authorized for expenditure by the | ||||||
18 | Secretary of State
and
the Department of State Police in this | ||||||
19 | Section by Public Act 94-91 shall be repaid to the Road Fund | ||||||
20 | from the General Revenue Fund in the
next
succeeding fiscal | ||||||
21 | year that the General Revenue Fund has a positive budgetary
| ||||||
22 | balance,
as determined by generally accepted accounting | ||||||
23 | principles applicable to
government. | ||||||
24 | (Source: P.A. 101-10, eff. 6-5-19; 101-636, eff. 6-10-20; | ||||||
25 | 102-16, eff. 6-17-21; 102-538, eff. 8-20-21; 102-699, eff. | ||||||
26 | 4-19-22; 102-813, eff. 5-13-22.)
|
| |||||||
| |||||||
1 | (30 ILCS 105/8.12)
(from Ch. 127, par. 144.12)
| ||||||
2 | Sec. 8.12. State Pensions Fund.
| ||||||
3 | (a) The moneys in the State Pensions Fund shall be used | ||||||
4 | exclusively
for the administration of the Revised Uniform | ||||||
5 | Unclaimed Property Act and
for the expenses incurred by the | ||||||
6 | Auditor General for administering the provisions of Section | ||||||
7 | 2-8.1 of the Illinois State Auditing Act and for operational | ||||||
8 | expenses of the Office of the State Treasurer and for the | ||||||
9 | funding of the unfunded liabilities of the designated | ||||||
10 | retirement systems. For the purposes of this Section, | ||||||
11 | "operational expenses of the Office of the State Treasurer" | ||||||
12 | includes the acquisition of land and buildings in State fiscal | ||||||
13 | years 2019 and 2020 for use by the Office of the State | ||||||
14 | Treasurer, as well as construction, reconstruction, | ||||||
15 | improvement, repair, and maintenance, in accordance with the | ||||||
16 | provisions of laws relating thereto, of such lands and | ||||||
17 | buildings beginning in State fiscal year 2019 and thereafter. | ||||||
18 | Beginning in State fiscal year 2025 2024 , payments to the | ||||||
19 | designated retirement systems under this Section shall be in | ||||||
20 | addition to, and not in lieu of, any State contributions | ||||||
21 | required under the Illinois Pension Code.
| ||||||
22 | "Designated retirement systems" means:
| ||||||
23 | (1) the State Employees' Retirement System of | ||||||
24 | Illinois;
| ||||||
25 | (2) the Teachers' Retirement System of the State of |
| |||||||
| |||||||
1 | Illinois;
| ||||||
2 | (3) the State Universities Retirement System;
| ||||||
3 | (4) the Judges Retirement System of Illinois; and
| ||||||
4 | (5) the General Assembly Retirement System.
| ||||||
5 | (b) Each year the General Assembly may make appropriations | ||||||
6 | from
the State Pensions Fund for the administration of the | ||||||
7 | Revised Uniform
Unclaimed Property Act.
| ||||||
8 | (c) (Blank). As soon as possible after July 30, 2004 (the | ||||||
9 | effective date of Public Act 93-839), the General Assembly | ||||||
10 | shall appropriate from the State Pensions Fund (1) to the | ||||||
11 | State Universities Retirement System the amount certified | ||||||
12 | under Section 15-165 during the prior year, (2) to the Judges | ||||||
13 | Retirement System of Illinois the amount certified under | ||||||
14 | Section 18-140 during the prior year, and (3) to the General | ||||||
15 | Assembly Retirement System the amount certified under Section | ||||||
16 | 2-134 during the prior year as part of the required
State | ||||||
17 | contributions to each of those designated retirement systems. | ||||||
18 | If the amount in the State Pensions Fund does not exceed the | ||||||
19 | sum of the amounts certified in Sections 15-165, 18-140, and | ||||||
20 | 2-134 by at least $5,000,000, the amount paid to each | ||||||
21 | designated retirement system under this subsection shall be | ||||||
22 | reduced in proportion to the amount certified by each of those | ||||||
23 | designated retirement systems.
| ||||||
24 | (c-5) For fiscal years 2006 through 2024 2023 , the General | ||||||
25 | Assembly shall appropriate from the State Pensions Fund to the | ||||||
26 | State Universities Retirement System the amount estimated to |
| |||||||
| |||||||
1 | be available during the fiscal year in the State Pensions | ||||||
2 | Fund; provided, however, that the amounts appropriated under | ||||||
3 | this subsection (c-5) shall not reduce the amount in the State | ||||||
4 | Pensions Fund below $5,000,000.
| ||||||
5 | (c-6) For fiscal year 2025 2024 and each fiscal year | ||||||
6 | thereafter, as soon as may be practical after any money is | ||||||
7 | deposited into the State Pensions Fund from the Unclaimed | ||||||
8 | Property Trust Fund, the State Treasurer shall apportion the | ||||||
9 | deposited amount among the designated retirement systems as | ||||||
10 | defined in subsection (a) to reduce their actuarial reserve | ||||||
11 | deficiencies. The State Comptroller and State Treasurer shall | ||||||
12 | pay the apportioned amounts to the designated retirement | ||||||
13 | systems to fund the unfunded liabilities of the designated | ||||||
14 | retirement systems. The amount apportioned to each designated | ||||||
15 | retirement system shall constitute a portion of the amount | ||||||
16 | estimated to be available for appropriation from the State | ||||||
17 | Pensions Fund that is the same as that retirement system's | ||||||
18 | portion of the total actual reserve deficiency of the systems, | ||||||
19 | as determined annually by the Governor's Office of Management | ||||||
20 | and Budget at the request of the State Treasurer. The amounts | ||||||
21 | apportioned under this subsection shall not reduce the amount | ||||||
22 | in the State Pensions Fund below $5,000,000. | ||||||
23 | (d) The
Governor's Office of Management and Budget shall | ||||||
24 | determine the individual and total
reserve deficiencies of the | ||||||
25 | designated retirement systems. For this purpose,
the
| ||||||
26 | Governor's Office of Management and Budget shall utilize the |
| |||||||
| |||||||
1 | latest available audit and actuarial
reports of each of the | ||||||
2 | retirement systems and the relevant reports and
statistics of | ||||||
3 | the Public Employee Pension Fund Division of the Department of
| ||||||
4 | Insurance.
| ||||||
5 | (d-1) (Blank).
| ||||||
6 | (e) The changes to this Section made by Public Act 88-593 | ||||||
7 | shall
first apply to distributions from the Fund for State | ||||||
8 | fiscal year 1996.
| ||||||
9 | (Source: P.A. 101-10, eff. 6-5-19; 101-487, eff. 8-23-19; | ||||||
10 | 101-636, eff. 6-10-20; 102-16, eff. 6-17-21; 102-699, eff. | ||||||
11 | 4-19-22.)
| ||||||
12 | (30 ILCS 105/8g-1) | ||||||
13 | Sec. 8g-1. Fund transfers. | ||||||
14 | (a) (Blank).
| ||||||
15 | (b) (Blank). | ||||||
16 | (c) (Blank). | ||||||
17 | (d) (Blank). | ||||||
18 | (e) (Blank). | ||||||
19 | (f) (Blank). | ||||||
20 | (g) (Blank). | ||||||
21 | (h) (Blank). | ||||||
22 | (i) (Blank). | ||||||
23 | (j) (Blank). | ||||||
24 | (k) (Blank). | ||||||
25 | (l) (Blank). |
| |||||||
| |||||||
1 | (m) (Blank). | ||||||
2 | (n) (Blank). | ||||||
3 | (o) (Blank). | ||||||
4 | (p) (Blank). | ||||||
5 | (q) (Blank). | ||||||
6 | (r) (Blank). | ||||||
7 | (s) (Blank). | ||||||
8 | (t) (Blank). | ||||||
9 | (u) In addition to any other transfers that may be | ||||||
10 | provided for by law, on July 1, 2021, or as soon thereafter as | ||||||
11 | practical, only as directed by the Director of the Governor's | ||||||
12 | Office of Management and Budget, the State Comptroller shall | ||||||
13 | direct and the State Treasurer shall transfer the sum of | ||||||
14 | $5,000,000 from the General Revenue Fund to the DoIT Special | ||||||
15 | Projects Fund, and on June 1, 2022, or as soon thereafter as | ||||||
16 | practical, but no later than June 30, 2022, the State | ||||||
17 | Comptroller shall direct and the State Treasurer shall | ||||||
18 | transfer the sum so transferred from the DoIT Special Projects | ||||||
19 | Fund to the General Revenue Fund. | ||||||
20 | (v) In addition to any other transfers that may be | ||||||
21 | provided for by law, on July 1, 2021, or as soon thereafter as | ||||||
22 | practical, the State Comptroller shall direct and the State | ||||||
23 | Treasurer shall transfer the sum of $500,000 from the General | ||||||
24 | Revenue Fund to the Governor's Administrative Fund. | ||||||
25 | (w) In addition to any other transfers that may be | ||||||
26 | provided for by law, on July 1, 2021, or as soon thereafter as |
| |||||||
| |||||||
1 | practical, the State Comptroller shall direct and the State | ||||||
2 | Treasurer shall transfer the sum of $500,000 from the General | ||||||
3 | Revenue Fund to the Grant Accountability and Transparency | ||||||
4 | Fund. | ||||||
5 | (x) In addition to any other transfers that may be | ||||||
6 | provided for by law, at a time or times during Fiscal Year 2022 | ||||||
7 | as directed by the Governor, the State Comptroller shall | ||||||
8 | direct and the State Treasurer shall transfer up to a total of | ||||||
9 | $20,000,000 from the General Revenue Fund to the Illinois | ||||||
10 | Sports Facilities Fund to be credited to the Advance Account | ||||||
11 | within the Fund. | ||||||
12 | (y) In addition to any other transfers that may be | ||||||
13 | provided for by law, on June 15, 2021, or as soon thereafter as | ||||||
14 | practical, but no later than June 30, 2021, the State | ||||||
15 | Comptroller shall direct and the State Treasurer shall | ||||||
16 | transfer the sum of $100,000,000 from the General Revenue Fund | ||||||
17 | to the Technology Management Revolving Fund. | ||||||
18 | (z) In addition to any other transfers that may be | ||||||
19 | provided for by law, on April 19, 2022 (the effective date of | ||||||
20 | Public Act 102-699), or as soon thereafter as practical, but | ||||||
21 | no later than June 30, 2022, the State Comptroller shall | ||||||
22 | direct and the State Treasurer shall transfer the sum of | ||||||
23 | $148,000,000 from the General Revenue Fund to the Build | ||||||
24 | Illinois Bond Fund. | ||||||
25 | (aa) In addition to any other transfers that may be | ||||||
26 | provided for by law, on April 19, 2022 (the effective date of |
| |||||||
| |||||||
1 | Public Act 102-699), or as soon thereafter as practical, but | ||||||
2 | no later than June 30, 2022, the State Comptroller shall | ||||||
3 | direct and the State Treasurer shall transfer the sum of | ||||||
4 | $180,000,000 from the General Revenue Fund to the Rebuild | ||||||
5 | Illinois Projects Fund. | ||||||
6 | (bb) In addition to any other transfers that may be | ||||||
7 | provided for by law, on July 1, 2022, or as soon thereafter as | ||||||
8 | practical, the State Comptroller shall direct and the State | ||||||
9 | Treasurer shall transfer the sum of $500,000 from the General | ||||||
10 | Revenue Fund to the Governor's Administrative Fund. | ||||||
11 | (cc) In addition to any other transfers that may be | ||||||
12 | provided for by law, on July 1, 2022, or as soon thereafter as | ||||||
13 | practical, the State Comptroller shall direct and the State | ||||||
14 | Treasurer shall transfer the sum of $500,000 from the General | ||||||
15 | Revenue Fund to the Grant Accountability and Transparency | ||||||
16 | Fund. | ||||||
17 | (dd) In addition to any other transfers that may be | ||||||
18 | provided by law, on April 19, 2022 (the effective date of | ||||||
19 | Public Act 102-700), or as soon thereafter as practical, but | ||||||
20 | no later than June 30, 2022, the State Comptroller shall | ||||||
21 | direct and the State Treasurer shall transfer the sum of | ||||||
22 | $685,000,000 from the General Revenue Fund to the Income Tax | ||||||
23 | Refund Fund. Moneys from this transfer shall be used for the | ||||||
24 | purpose of making the one-time rebate payments provided under | ||||||
25 | Section 212.1 of the Illinois Income Tax Act. | ||||||
26 | (ee) In addition to any other transfers that may be |
| |||||||
| |||||||
1 | provided by law, beginning on April 19, 2022 (the effective | ||||||
2 | date of Public Act 102-700) and until December 31, 2023, at the | ||||||
3 | direction of the Department of Revenue, the State Comptroller | ||||||
4 | shall direct and the State Treasurer shall transfer from the | ||||||
5 | General Revenue Fund to the Income Tax Refund Fund any amounts | ||||||
6 | needed beyond the amounts transferred in subsection (dd) to | ||||||
7 | make payments of the one-time rebate payments provided under | ||||||
8 | Section 212.1 of the Illinois Income Tax Act. | ||||||
9 | (ff) In addition to any other transfers that may be | ||||||
10 | provided for by law, on April 19, 2022 (the effective date of | ||||||
11 | Public Act 102-700), or as soon thereafter as practical, but | ||||||
12 | no later than June 30, 2022, the State Comptroller shall | ||||||
13 | direct and the State Treasurer shall transfer the sum of | ||||||
14 | $720,000,000 from the General Revenue Fund to the Budget | ||||||
15 | Stabilization Fund. | ||||||
16 | (gg) In addition to any other transfers that may be | ||||||
17 | provided for by law, on July 1, 2022, or as soon thereafter as | ||||||
18 | practical, the State Comptroller shall direct and the State | ||||||
19 | Treasurer shall transfer the sum of $280,000,000 from the | ||||||
20 | General Revenue Fund to the Budget Stabilization Fund. | ||||||
21 | (hh) In addition to any other transfers that may be | ||||||
22 | provided for by law, on July 1, 2022, or as soon thereafter as | ||||||
23 | practical, the State Comptroller shall direct and the State | ||||||
24 | Treasurer shall transfer the sum of $200,000,000 from the | ||||||
25 | General Revenue Fund to the Pension Stabilization Fund. | ||||||
26 | (ii) In addition to any other transfers that may be |
| |||||||
| |||||||
1 | provided for by law, on January 1, 2023, or as soon thereafter | ||||||
2 | as practical, the State Comptroller shall direct and the State | ||||||
3 | Treasurer shall transfer the sum of $850,000,000 from the | ||||||
4 | General Revenue Fund to the Budget Stabilization Fund. | ||||||
5 | (jj) In addition to any other transfers that may be | ||||||
6 | provided for by law, at a time or times during Fiscal Year 2023 | ||||||
7 | as directed by the Governor, the State Comptroller shall | ||||||
8 | direct and the State Treasurer shall transfer up to a total of | ||||||
9 | $400,000,000 from the General Revenue Fund to the Large | ||||||
10 | Business Attraction Fund. | ||||||
11 | (kk) In addition to any other transfers that may be | ||||||
12 | provided for by law, on January 1, 2023, or as soon thereafter | ||||||
13 | as practical, the State Comptroller shall direct and the State | ||||||
14 | Treasurer shall transfer the sum of $72,000,000 from the | ||||||
15 | General Revenue Fund to the Disaster Response and Recovery | ||||||
16 | Fund. | ||||||
17 | (ll) In addition to any other transfers that may be | ||||||
18 | provided for by law, on the effective date of this amendatory | ||||||
19 | Act of the 103rd General Assembly, or as soon thereafter as | ||||||
20 | practical, but no later than June 30, 2023, the State | ||||||
21 | Comptroller shall direct and the State Treasurer shall | ||||||
22 | transfer the sum of $200,000,000 from the General Revenue Fund | ||||||
23 | to the Pension Stabilization Fund. | ||||||
24 | (mm) In addition to any other transfers that may be | ||||||
25 | provided for by law, beginning on the effective date of this | ||||||
26 | amendatory Act of the 103rd General Assembly and until June |
| |||||||
| |||||||
1 | 30, 2024, as directed by the Governor, the State Comptroller | ||||||
2 | shall direct and the State Treasurer shall transfer up to a | ||||||
3 | total of $1,500,000,000 from the General Revenue Fund to the | ||||||
4 | State Coronavirus Urgent Remediation Emergency Fund. | ||||||
5 | (nn) In addition to any other transfers that may be | ||||||
6 | provided for by law, beginning on the effective date of this | ||||||
7 | amendatory Act of the 103rd General Assembly and until June | ||||||
8 | 30, 2024, as directed by the Governor, the State Comptroller | ||||||
9 | shall direct and the State Treasurer shall transfer up to a | ||||||
10 | total of $424,000,000 from the General Revenue Fund to the | ||||||
11 | Build Illinois Bond Fund. | ||||||
12 | (oo) In addition to any other transfers that may be | ||||||
13 | provided for by law, on July 1, 2023, or as soon thereafter as | ||||||
14 | practical, the State Comptroller shall direct and the State | ||||||
15 | Treasurer shall transfer the sum of $500,000 from the General | ||||||
16 | Revenue Fund to the Governor's Administrative Fund. | ||||||
17 | (pp) In addition to any other transfers that may be | ||||||
18 | provided for by law, on July 1, 2023, or as soon thereafter as | ||||||
19 | practical, the State Comptroller shall direct and the State | ||||||
20 | Treasurer shall transfer the sum of $500,000 from the General | ||||||
21 | Revenue Fund to the Grant Accountability and Transparency | ||||||
22 | Fund. | ||||||
23 | (Source: P.A. 101-10, eff. 6-5-19; 101-636, eff. 6-10-20; | ||||||
24 | 102-16, eff. 6-17-21; 102-699, eff. 4-19-22; 102-700, Article | ||||||
25 | 40, Section 40-5, eff. 4-19-22; 102-700, Article 80, Section | ||||||
26 | 80-5, eff. 4-19-22; 102-1115, eff. 1-9-23.)
|
| |||||||
| |||||||
1 | (30 ILCS 105/13.2) (from Ch. 127, par. 149.2)
| ||||||
2 | Sec. 13.2. Transfers among line item appropriations. | ||||||
3 | (a) Transfers among line item appropriations from the same
| ||||||
4 | treasury fund for the objects specified in this Section may be | ||||||
5 | made in
the manner provided in this Section when the balance | ||||||
6 | remaining in one or
more such line item appropriations is | ||||||
7 | insufficient for the purpose for
which the appropriation was | ||||||
8 | made. | ||||||
9 | (a-1) No transfers may be made from one
agency to another | ||||||
10 | agency, nor may transfers be made from one institution
of | ||||||
11 | higher education to another institution of higher education | ||||||
12 | except as provided by subsection (a-4).
| ||||||
13 | (a-2) Except as otherwise provided in this Section, | ||||||
14 | transfers may be made only among the objects of expenditure | ||||||
15 | enumerated
in this Section, except that no funds may be | ||||||
16 | transferred from any
appropriation for personal services, from | ||||||
17 | any appropriation for State
contributions to the State | ||||||
18 | Employees' Retirement System, from any
separate appropriation | ||||||
19 | for employee retirement contributions paid by the
employer, | ||||||
20 | nor from any appropriation for State contribution for
employee | ||||||
21 | group insurance.
| ||||||
22 | (a-2.5) (Blank). | ||||||
23 | (a-3) Further, if an agency receives a separate
| ||||||
24 | appropriation for employee retirement contributions paid by | ||||||
25 | the employer,
any transfer by that agency into an |
| |||||||
| |||||||
1 | appropriation for personal services
must be accompanied by a | ||||||
2 | corresponding transfer into the appropriation for
employee | ||||||
3 | retirement contributions paid by the employer, in an amount
| ||||||
4 | sufficient to meet the employer share of the employee | ||||||
5 | contributions
required to be remitted to the retirement | ||||||
6 | system. | ||||||
7 | (a-4) Long-Term Care Rebalancing. The Governor may | ||||||
8 | designate amounts set aside for institutional services | ||||||
9 | appropriated from the General Revenue Fund or any other State | ||||||
10 | fund that receives monies for long-term care services to be | ||||||
11 | transferred to all State agencies responsible for the | ||||||
12 | administration of community-based long-term care programs, | ||||||
13 | including, but not limited to, community-based long-term care | ||||||
14 | programs administered by the Department of Healthcare and | ||||||
15 | Family Services, the Department of Human Services, and the | ||||||
16 | Department on Aging, provided that the Director of Healthcare | ||||||
17 | and Family Services first certifies that the amounts being | ||||||
18 | transferred are necessary for the purpose of assisting persons | ||||||
19 | in or at risk of being in institutional care to transition to | ||||||
20 | community-based settings, including the financial data needed | ||||||
21 | to prove the need for the transfer of funds. The total amounts | ||||||
22 | transferred shall not exceed 4% in total of the amounts | ||||||
23 | appropriated from the General Revenue Fund or any other State | ||||||
24 | fund that receives monies for long-term care services for each | ||||||
25 | fiscal year. A notice of the fund transfer must be made to the | ||||||
26 | General Assembly and posted at a minimum on the Department of |
| |||||||
| |||||||
1 | Healthcare and Family Services website, the Governor's Office | ||||||
2 | of Management and Budget website, and any other website the | ||||||
3 | Governor sees fit. These postings shall serve as notice to the | ||||||
4 | General Assembly of the amounts to be transferred. Notice | ||||||
5 | shall be given at least 30 days prior to transfer. | ||||||
6 | (b) In addition to the general transfer authority provided | ||||||
7 | under
subsection (c), the following agencies have the specific | ||||||
8 | transfer authority
granted in this subsection: | ||||||
9 | The Department of Healthcare and Family Services is | ||||||
10 | authorized to make transfers
representing savings attributable | ||||||
11 | to not increasing grants due to the
births of additional | ||||||
12 | children from line items for payments of cash grants to
line | ||||||
13 | items for payments for employment and social services for the | ||||||
14 | purposes
outlined in subsection (f) of Section 4-2 of the | ||||||
15 | Illinois Public Aid Code. | ||||||
16 | The Department of Children and Family Services is | ||||||
17 | authorized to make
transfers not exceeding 2% of the aggregate | ||||||
18 | amount appropriated to it within
the same treasury fund for | ||||||
19 | the following line items among these same line
items: Foster | ||||||
20 | Home and Specialized Foster Care and Prevention, Institutions
| ||||||
21 | and Group Homes and Prevention, and Purchase of Adoption and | ||||||
22 | Guardianship
Services. | ||||||
23 | The Department on Aging is authorized to make transfers | ||||||
24 | not
exceeding 10% of the aggregate amount appropriated to it | ||||||
25 | within the same
treasury fund for the following Community Care | ||||||
26 | Program line items among these
same line items: purchase of |
| |||||||
| |||||||
1 | services covered by the Community Care Program and | ||||||
2 | Comprehensive Case Coordination. | ||||||
3 | The State Board of Education is authorized to make | ||||||
4 | transfers from line item appropriations within the same | ||||||
5 | treasury fund for General State Aid, General State Aid - Hold | ||||||
6 | Harmless, and Evidence-Based Funding, provided that no such | ||||||
7 | transfer may be made unless the amount transferred is no | ||||||
8 | longer required for the purpose for which that appropriation | ||||||
9 | was made, to the line item appropriation for Transitional | ||||||
10 | Assistance when the balance remaining in such line item | ||||||
11 | appropriation is insufficient for the purpose for which the | ||||||
12 | appropriation was made. | ||||||
13 | The State Board of Education is authorized to make | ||||||
14 | transfers between the following line item appropriations | ||||||
15 | within the same treasury fund: Disabled Student | ||||||
16 | Services/Materials (Section 14-13.01 of the School Code), | ||||||
17 | Disabled Student Transportation Reimbursement (Section | ||||||
18 | 14-13.01 of the School Code), Disabled Student Tuition - | ||||||
19 | Private Tuition (Section 14-7.02 of the School Code), | ||||||
20 | Extraordinary Special Education (Section 14-7.02b of the | ||||||
21 | School Code), Reimbursement for Free Lunch/Breakfast Program, | ||||||
22 | Summer School Payments (Section 18-4.3 of the School Code), | ||||||
23 | and Transportation - Regular/Vocational Reimbursement (Section | ||||||
24 | 29-5 of the School Code). Such transfers shall be made only | ||||||
25 | when the balance remaining in one or more such line item | ||||||
26 | appropriations is insufficient for the purpose for which the |
| |||||||
| |||||||
1 | appropriation was made and provided that no such transfer may | ||||||
2 | be made unless the amount transferred is no longer required | ||||||
3 | for the purpose for which that appropriation was made. | ||||||
4 | The Department of Healthcare and Family Services is | ||||||
5 | authorized to make transfers not exceeding 4% of the aggregate | ||||||
6 | amount appropriated to it, within the same treasury fund, | ||||||
7 | among the various line items appropriated for Medical | ||||||
8 | Assistance. | ||||||
9 | The Department of Central Management Services is | ||||||
10 | authorized to make transfers not exceeding 2% of the aggregate | ||||||
11 | amount appropriated to it, within the same treasury fund, from | ||||||
12 | the various line items appropriated to the Department, into | ||||||
13 | the following line item appropriations: auto liability claims | ||||||
14 | and related expenses and payment of claims under the State | ||||||
15 | Employee Indemnification Act. | ||||||
16 | (c) The sum of such transfers for an agency in a fiscal | ||||||
17 | year shall not
exceed 2% of the aggregate amount appropriated | ||||||
18 | to it within the same treasury
fund for the following objects: | ||||||
19 | Personal Services; Extra Help; Student and
Inmate | ||||||
20 | Compensation; State Contributions to Retirement Systems; State
| ||||||
21 | Contributions to Social Security; State Contribution for | ||||||
22 | Employee Group
Insurance; Contractual Services; Travel; | ||||||
23 | Commodities; Printing; Equipment;
Electronic Data Processing; | ||||||
24 | Operation of Automotive Equipment;
Telecommunications | ||||||
25 | Services; Travel and Allowance for Committed, Paroled
and | ||||||
26 | Discharged Prisoners; Library Books; Federal Matching Grants |
| |||||||
| |||||||
1 | for
Student Loans; Refunds; Workers' Compensation, | ||||||
2 | Occupational Disease, and
Tort Claims; Late Interest Penalties | ||||||
3 | under the State Prompt Payment Act and Sections 368a and 370a | ||||||
4 | of the Illinois Insurance Code; and, in appropriations to | ||||||
5 | institutions of higher education,
Awards and Grants. | ||||||
6 | Notwithstanding the above, any amounts appropriated for
| ||||||
7 | payment of workers' compensation claims to an agency to which | ||||||
8 | the authority
to evaluate, administer and pay such claims has | ||||||
9 | been delegated by the
Department of Central Management | ||||||
10 | Services may be transferred to any other
expenditure object | ||||||
11 | where such amounts exceed the amount necessary for the
payment | ||||||
12 | of such claims. | ||||||
13 | (c-1) (Blank). | ||||||
14 | (c-2) (Blank).
| ||||||
15 | (c-3) (Blank). | ||||||
16 | (c-4) (Blank). | ||||||
17 | (c-5) (Blank). | ||||||
18 | (c-6) (Blank). | ||||||
19 | (c-7) (Blank). | ||||||
20 | (c-8) (Blank). Special provisions for State fiscal year | ||||||
21 | 2022. Notwithstanding any other provision of this Section, for | ||||||
22 | State fiscal year 2022, transfers among line item | ||||||
23 | appropriations to a State agency from the same State treasury | ||||||
24 | fund may be made for operational or lump sum expenses only, | ||||||
25 | provided that the sum of such transfers for a State agency in | ||||||
26 | State fiscal year 2022 shall not exceed 4% of the aggregate |
| |||||||
| |||||||
1 | amount appropriated to that State agency for operational or | ||||||
2 | lump sum expenses for State fiscal year 2022. For the purpose | ||||||
3 | of this subsection, "operational or lump sum expenses" | ||||||
4 | includes the following objects: personal services; extra help; | ||||||
5 | student and inmate compensation; State contributions to | ||||||
6 | retirement systems; State contributions to social security; | ||||||
7 | State contributions for employee group insurance; contractual | ||||||
8 | services; travel; commodities; printing; equipment; electronic | ||||||
9 | data processing; operation of automotive equipment; | ||||||
10 | telecommunications services; travel and allowance for | ||||||
11 | committed, paroled, and discharged prisoners; library books; | ||||||
12 | federal matching grants for student loans; refunds; workers' | ||||||
13 | compensation, occupational disease, and tort claims; Late | ||||||
14 | Interest Penalties under the State Prompt Payment Act and | ||||||
15 | Sections 368a and 370a of the Illinois Insurance Code; lump | ||||||
16 | sum and other purposes; and lump sum operations. For the | ||||||
17 | purpose of this subsection, "State agency" does not include | ||||||
18 | the Attorney General, the Secretary of State, the Comptroller, | ||||||
19 | the Treasurer, or the judicial or legislative branches. | ||||||
20 | (c-9) Special provisions for State fiscal year 2023. | ||||||
21 | Notwithstanding any other provision of this Section, for State | ||||||
22 | fiscal year 2023, transfers among line item appropriations to | ||||||
23 | a State agency from the same State treasury fund may be made | ||||||
24 | for operational or lump sum expenses only, provided that the | ||||||
25 | sum of such transfers for a State agency in State fiscal year | ||||||
26 | 2023 shall not exceed 4% of the aggregate amount appropriated |
| |||||||
| |||||||
1 | to that State agency for operational or lump sum expenses for | ||||||
2 | State fiscal year 2023. For the purpose of this subsection, | ||||||
3 | "operational or lump sum expenses" includes the following | ||||||
4 | objects: personal services; extra help; student and inmate | ||||||
5 | compensation; State contributions to retirement systems; State | ||||||
6 | contributions to social security; State contributions for | ||||||
7 | employee group insurance; contractual services; travel; | ||||||
8 | commodities; printing; equipment; electronic data processing; | ||||||
9 | operation of automotive equipment; telecommunications | ||||||
10 | services; travel and allowance for committed, paroled, and | ||||||
11 | discharged prisoners; library books; federal matching grants | ||||||
12 | for student loans; refunds; workers' compensation, | ||||||
13 | occupational disease, and tort claims; late interest penalties | ||||||
14 | under the State Prompt Payment Act and Sections 368a and 370a | ||||||
15 | of the Illinois Insurance Code; lump sum and other purposes; | ||||||
16 | and lump sum operations. For the purpose of this subsection, | ||||||
17 | "State agency" does not include the Attorney General, the | ||||||
18 | Secretary of State, the Comptroller, the Treasurer, or the | ||||||
19 | judicial or legislative branches. | ||||||
20 | (c-10) Special provisions for State fiscal year 2024. | ||||||
21 | Notwithstanding any other provision of this Section, for State | ||||||
22 | fiscal year 2024, transfers among line item appropriations to | ||||||
23 | a State agency from the same State treasury fund may be made | ||||||
24 | for operational or lump sum expenses only, provided that the | ||||||
25 | sum of such transfers for a State agency in State fiscal year | ||||||
26 | 2024 shall not exceed 8% of the aggregate amount appropriated |
| |||||||
| |||||||
1 | to that State agency for operational or lump sum expenses for | ||||||
2 | State fiscal year 2024. For the purpose of this subsection, | ||||||
3 | "operational or lump sum expenses" includes the following | ||||||
4 | objects: personal services; extra help; student and inmate | ||||||
5 | compensation; State contributions to retirement systems; State | ||||||
6 | contributions to social security; State contributions for | ||||||
7 | employee group insurance; contractual services; travel; | ||||||
8 | commodities; printing; equipment; electronic data processing; | ||||||
9 | operation of automotive equipment; telecommunications | ||||||
10 | services; travel and allowance for committed, paroled, and | ||||||
11 | discharged prisoners; library books; federal matching grants | ||||||
12 | for student loans; refunds; workers' compensation, | ||||||
13 | occupational disease, and tort claims; late interest penalties | ||||||
14 | under the State Prompt Payment Act and Sections 368a and 370a | ||||||
15 | of the Illinois Insurance Code; lump sum and other purposes; | ||||||
16 | and lump sum operations. For the purpose of this subsection, | ||||||
17 | "State agency" does not include the Attorney General, the | ||||||
18 | Secretary of State, the Comptroller, the Treasurer, or the | ||||||
19 | judicial or legislative branches. | ||||||
20 | (d) Transfers among appropriations made to agencies of the | ||||||
21 | Legislative
and Judicial departments and to the | ||||||
22 | constitutionally elected officers in the
Executive branch | ||||||
23 | require the approval of the officer authorized in Section 10
| ||||||
24 | of this Act to approve and certify vouchers. Transfers among | ||||||
25 | appropriations
made to the University of Illinois, Southern | ||||||
26 | Illinois University, Chicago State
University, Eastern |
| |||||||
| |||||||
1 | Illinois University, Governors State University, Illinois
| ||||||
2 | State University, Northeastern Illinois University, Northern | ||||||
3 | Illinois
University, Western Illinois University, the Illinois | ||||||
4 | Mathematics and Science
Academy and the Board of Higher | ||||||
5 | Education require the approval of the Board of
Higher | ||||||
6 | Education and the Governor. Transfers among appropriations to | ||||||
7 | all other
agencies require the approval of the Governor. | ||||||
8 | The officer responsible for approval shall certify that | ||||||
9 | the
transfer is necessary to carry out the programs and | ||||||
10 | purposes for which
the appropriations were made by the General | ||||||
11 | Assembly and shall transmit
to the State Comptroller a | ||||||
12 | certified copy of the approval which shall
set forth the | ||||||
13 | specific amounts transferred so that the Comptroller may
| ||||||
14 | change his records accordingly. The Comptroller shall furnish | ||||||
15 | the
Governor with information copies of all transfers approved | ||||||
16 | for agencies
of the Legislative and Judicial departments and | ||||||
17 | transfers approved by
the constitutionally elected officials | ||||||
18 | of the Executive branch other
than the Governor, showing the | ||||||
19 | amounts transferred and indicating the
dates such changes were | ||||||
20 | entered on the Comptroller's records. | ||||||
21 | (e) The State Board of Education, in consultation with the | ||||||
22 | State Comptroller, may transfer line item appropriations for | ||||||
23 | General State Aid or Evidence-Based Funding among the Common | ||||||
24 | School Fund and the Education Assistance Fund, and, for State | ||||||
25 | fiscal year 2020 and each fiscal year thereafter, the Fund for | ||||||
26 | the Advancement of Education. With the advice and consent of |
| |||||||
| |||||||
1 | the Governor's Office of Management and Budget, the State | ||||||
2 | Board of Education, in consultation with the State | ||||||
3 | Comptroller, may transfer line item appropriations between the | ||||||
4 | General Revenue Fund and the Education Assistance Fund for the | ||||||
5 | following programs: | ||||||
6 | (1) Disabled Student Personnel Reimbursement (Section | ||||||
7 | 14-13.01 of the School Code); | ||||||
8 | (2) Disabled Student Transportation Reimbursement | ||||||
9 | (subsection (b) of Section 14-13.01 of the School Code); | ||||||
10 | (3) Disabled Student Tuition - Private Tuition | ||||||
11 | (Section 14-7.02 of the School Code); | ||||||
12 | (4) Extraordinary Special Education (Section 14-7.02b | ||||||
13 | of the School Code); | ||||||
14 | (5) Reimbursement for Free Lunch/Breakfast Programs; | ||||||
15 | (6) Summer School Payments (Section 18-4.3 of the | ||||||
16 | School Code); | ||||||
17 | (7) Transportation - Regular/Vocational Reimbursement | ||||||
18 | (Section 29-5 of the School Code); | ||||||
19 | (8) Regular Education Reimbursement (Section 18-3 of | ||||||
20 | the School Code); and | ||||||
21 | (9) Special Education Reimbursement (Section 14-7.03 | ||||||
22 | of the School Code). | ||||||
23 | (f) For State fiscal year 2020 and each fiscal year | ||||||
24 | thereafter, the Department on Aging, in consultation with the | ||||||
25 | State Comptroller, with the advice and consent of the | ||||||
26 | Governor's Office of Management and Budget, may transfer line |
| |||||||
| |||||||
1 | item appropriations for purchase of services covered by the | ||||||
2 | Community Care Program between the General Revenue Fund and | ||||||
3 | the Commitment to Human Services Fund. | ||||||
4 | (g) For State fiscal year 2024 and each fiscal year | ||||||
5 | thereafter, if requested by an agency chief executive officer | ||||||
6 | and authorized and approved by the Comptroller, the | ||||||
7 | Comptroller may direct and the Treasurer shall transfer funds | ||||||
8 | from the General Revenue Fund to fund payroll expenses that | ||||||
9 | meet the payroll transaction exception criteria as defined by | ||||||
10 | the Comptroller in the Statewide Accounting Management System | ||||||
11 | (SAMS) Manual. The agency shall then transfer these funds back | ||||||
12 | to the General Revenue Fund within 7 days. | ||||||
13 | (Source: P.A. 101-10, eff. 6-5-19; 101-81, eff. 7-12-19; | ||||||
14 | 101-275, eff. 8-9-19; 101-636, eff. 6-10-20; 102-16, eff. | ||||||
15 | 6-17-21; 102-699, eff. 4-19-22.)
| ||||||
16 | (30 ILCS 105/25) (from Ch. 127, par. 161)
| ||||||
17 | Sec. 25. Fiscal year limitations.
| ||||||
18 | (a) All appropriations shall be
available for expenditure | ||||||
19 | for the fiscal year or for a lesser period if the
Act making | ||||||
20 | that appropriation so specifies. A deficiency or emergency
| ||||||
21 | appropriation shall be available for expenditure only through | ||||||
22 | June 30 of
the year when the Act making that appropriation is | ||||||
23 | enacted unless that Act
otherwise provides.
| ||||||
24 | (b) Outstanding liabilities as of June 30, payable from | ||||||
25 | appropriations
which have otherwise expired, may be paid out |
| |||||||
| |||||||
1 | of the expiring
appropriations during the 2-month period | ||||||
2 | ending at the
close of business on August 31. Any service | ||||||
3 | involving
professional or artistic skills or any personal | ||||||
4 | services by an employee whose
compensation is subject to | ||||||
5 | income tax withholding must be performed as of June
30 of the | ||||||
6 | fiscal year in order to be considered an "outstanding | ||||||
7 | liability as of
June 30" that is thereby eligible for payment | ||||||
8 | out of the expiring
appropriation.
| ||||||
9 | (b-1) However, payment of tuition reimbursement claims | ||||||
10 | under Section 14-7.03 or
18-3 of the School Code may be made by | ||||||
11 | the State Board of Education from its
appropriations for those | ||||||
12 | respective purposes for any fiscal year, even though
the | ||||||
13 | claims reimbursed by the payment may be claims attributable to | ||||||
14 | a prior
fiscal year, and payments may be made at the direction | ||||||
15 | of the State
Superintendent of Education from the fund from | ||||||
16 | which the appropriation is made
without regard to any fiscal | ||||||
17 | year limitations, except as required by subsection (j) of this | ||||||
18 | Section. Beginning on June 30, 2021, payment of tuition | ||||||
19 | reimbursement claims under Section 14-7.03 or 18-3 of the | ||||||
20 | School Code as of June 30, payable from appropriations that | ||||||
21 | have otherwise expired, may be paid out of the expiring | ||||||
22 | appropriation during the 4-month period ending at the close of | ||||||
23 | business on October 31.
| ||||||
24 | (b-2) (Blank). | ||||||
25 | (b-2.5) (Blank). | ||||||
26 | (b-2.6) (Blank). |
| |||||||
| |||||||
1 | (b-2.6a) (Blank). | ||||||
2 | (b-2.6b) (Blank). | ||||||
3 | (b-2.6c) (Blank). | ||||||
4 | (b-2.6d) All outstanding liabilities as of June 30, 2020, | ||||||
5 | payable from appropriations that would otherwise expire at the | ||||||
6 | conclusion of the lapse period for fiscal year 2020, and | ||||||
7 | interest penalties payable on those liabilities under the | ||||||
8 | State Prompt Payment Act, may be paid out of the expiring | ||||||
9 | appropriations until December 31, 2020, without regard to the | ||||||
10 | fiscal year in which the payment is made, as long as vouchers | ||||||
11 | for the liabilities are received by the Comptroller no later | ||||||
12 | than September 30, 2020. | ||||||
13 | (b-2.6e) All outstanding liabilities as of June 30, 2021, | ||||||
14 | payable from appropriations that would otherwise expire at the | ||||||
15 | conclusion of the lapse period for fiscal year 2021, and | ||||||
16 | interest penalties payable on those liabilities under the | ||||||
17 | State Prompt Payment Act, may be paid out of the expiring | ||||||
18 | appropriations until September 30, 2021, without regard to the | ||||||
19 | fiscal year in which the payment is made. | ||||||
20 | (b-2.7) For fiscal years 2012, 2013, 2014, 2018, and each | ||||||
21 | fiscal year thereafter 2019, 2020, 2021, 2022, and 2023 , | ||||||
22 | interest penalties payable under the State Prompt Payment Act | ||||||
23 | associated with a voucher for which payment is issued after | ||||||
24 | June 30 may be paid out of the next fiscal year's | ||||||
25 | appropriation. The future year appropriation must be for the | ||||||
26 | same purpose and from the same fund as the original payment. An |
| |||||||
| |||||||
1 | interest penalty voucher submitted against a future year | ||||||
2 | appropriation must be submitted within 60 days after the | ||||||
3 | issuance of the associated voucher, except that, for fiscal | ||||||
4 | year 2018 only, an interest penalty voucher submitted against | ||||||
5 | a future year appropriation must be submitted within 60 days | ||||||
6 | of June 5, 2019 (the effective date of Public Act 101-10). The | ||||||
7 | Comptroller must issue the interest payment within 60 days | ||||||
8 | after acceptance of the interest voucher. | ||||||
9 | (b-3) Medical payments may be made by the Department of | ||||||
10 | Veterans' Affairs from
its
appropriations for those purposes | ||||||
11 | for any fiscal year, without regard to the
fact that the | ||||||
12 | medical services being compensated for by such payment may | ||||||
13 | have
been rendered in a prior fiscal year, except as required | ||||||
14 | by subsection (j) of this Section. Beginning on June 30, 2021, | ||||||
15 | medical payments payable from appropriations that have | ||||||
16 | otherwise expired may be paid out of the expiring | ||||||
17 | appropriation during the 4-month period ending at the close of | ||||||
18 | business on October 31.
| ||||||
19 | (b-4) Medical payments and child care
payments may be made | ||||||
20 | by the Department of
Human Services (as successor to the | ||||||
21 | Department of Public Aid) from
appropriations for those | ||||||
22 | purposes for any fiscal year,
without regard to the fact that | ||||||
23 | the medical or child care services being
compensated for by | ||||||
24 | such payment may have been rendered in a prior fiscal
year; and | ||||||
25 | payments may be made at the direction of the Department of
| ||||||
26 | Healthcare and Family Services (or successor agency) from the |
| |||||||
| |||||||
1 | Health Insurance Reserve Fund without regard to any fiscal
| ||||||
2 | year limitations, except as required by subsection (j) of this | ||||||
3 | Section. Beginning on June 30, 2021, medical and child care | ||||||
4 | payments made by the Department of Human Services and payments | ||||||
5 | made at the discretion of the Department of Healthcare and | ||||||
6 | Family Services (or successor agency) from the Health | ||||||
7 | Insurance Reserve Fund and payable from appropriations that | ||||||
8 | have otherwise expired may be paid out of the expiring | ||||||
9 | appropriation during the 4-month period ending at the close of | ||||||
10 | business on October 31.
| ||||||
11 | (b-5) Medical payments may be made by the Department of | ||||||
12 | Human Services from its appropriations relating to substance | ||||||
13 | abuse treatment services for any fiscal year, without regard | ||||||
14 | to the fact that the medical services being compensated for by | ||||||
15 | such payment may have been rendered in a prior fiscal year, | ||||||
16 | provided the payments are made on a fee-for-service basis | ||||||
17 | consistent with requirements established for Medicaid | ||||||
18 | reimbursement by the Department of Healthcare and Family | ||||||
19 | Services, except as required by subsection (j) of this | ||||||
20 | Section. Beginning on June 30, 2021, medical payments made by | ||||||
21 | the Department of Human Services relating to substance abuse | ||||||
22 | treatment services payable from appropriations that have | ||||||
23 | otherwise expired may be paid out of the expiring | ||||||
24 | appropriation during the 4-month period ending at the close of | ||||||
25 | business on October 31. | ||||||
26 | (b-6) (Blank).
|
| |||||||
| |||||||
1 | (b-7) Payments may be made in accordance with a plan | ||||||
2 | authorized by paragraph (11) or (12) of Section 405-105 of the | ||||||
3 | Department of Central Management Services Law from | ||||||
4 | appropriations for those payments without regard to fiscal | ||||||
5 | year limitations. | ||||||
6 | (b-8) Reimbursements to eligible airport sponsors for the | ||||||
7 | construction or upgrading of Automated Weather Observation | ||||||
8 | Systems may be made by the Department of Transportation from | ||||||
9 | appropriations for those purposes for any fiscal year, without | ||||||
10 | regard to the fact that the qualification or obligation may | ||||||
11 | have occurred in a prior fiscal year, provided that at the time | ||||||
12 | the expenditure was made the project had been approved by the | ||||||
13 | Department of Transportation prior to June 1, 2012 and, as a | ||||||
14 | result of recent changes in federal funding formulas, can no | ||||||
15 | longer receive federal reimbursement. | ||||||
16 | (b-9) (Blank). | ||||||
17 | (c) Further, payments may be made by the Department of | ||||||
18 | Public Health and the
Department of Human Services (acting as | ||||||
19 | successor to the Department of Public
Health under the | ||||||
20 | Department of Human Services Act)
from their respective | ||||||
21 | appropriations for grants for medical care to or on
behalf of | ||||||
22 | premature and high-mortality risk infants and their mothers | ||||||
23 | and
for grants for supplemental food supplies provided under | ||||||
24 | the United States
Department of Agriculture Women, Infants and | ||||||
25 | Children Nutrition Program,
for any fiscal year without regard | ||||||
26 | to the fact that the services being
compensated for by such |
| |||||||
| |||||||
1 | payment may have been rendered in a prior fiscal year, except | ||||||
2 | as required by subsection (j) of this Section. Beginning on | ||||||
3 | June 30, 2021, payments made by the Department of Public | ||||||
4 | Health and the Department of Human Services from their | ||||||
5 | respective appropriations for grants for medical care to or on | ||||||
6 | behalf of premature and high-mortality risk infants and their | ||||||
7 | mothers and for grants for supplemental food supplies provided | ||||||
8 | under the United States Department of Agriculture Women, | ||||||
9 | Infants and Children Nutrition Program payable from | ||||||
10 | appropriations that have otherwise expired may be paid out of | ||||||
11 | the expiring appropriations during the 4-month period ending | ||||||
12 | at the close of business on October 31.
| ||||||
13 | (d) The Department of Public Health and the Department of | ||||||
14 | Human Services
(acting as successor to the Department of | ||||||
15 | Public Health under the Department of
Human Services Act) | ||||||
16 | shall each annually submit to the State Comptroller, Senate
| ||||||
17 | President, Senate
Minority Leader, Speaker of the House, House | ||||||
18 | Minority Leader, and the
respective Chairmen and Minority | ||||||
19 | Spokesmen of the
Appropriations Committees of the Senate and | ||||||
20 | the House, on or before
December 31, a report of fiscal year | ||||||
21 | funds used to pay for services
provided in any prior fiscal | ||||||
22 | year. This report shall document by program or
service | ||||||
23 | category those expenditures from the most recently completed | ||||||
24 | fiscal
year used to pay for services provided in prior fiscal | ||||||
25 | years.
| ||||||
26 | (e) The Department of Healthcare and Family Services, the |
| |||||||
| |||||||
1 | Department of Human Services
(acting as successor to the | ||||||
2 | Department of Public Aid), and the Department of Human | ||||||
3 | Services making fee-for-service payments relating to substance | ||||||
4 | abuse treatment services provided during a previous fiscal | ||||||
5 | year shall each annually
submit to the State
Comptroller, | ||||||
6 | Senate President, Senate Minority Leader, Speaker of the | ||||||
7 | House,
House Minority Leader, the respective Chairmen and | ||||||
8 | Minority Spokesmen of the
Appropriations Committees of the | ||||||
9 | Senate and the House, on or before November
30, a report that | ||||||
10 | shall document by program or service category those
| ||||||
11 | expenditures from the most recently completed fiscal year used | ||||||
12 | to pay for (i)
services provided in prior fiscal years and (ii) | ||||||
13 | services for which claims were
received in prior fiscal years.
| ||||||
14 | (f) The Department of Human Services (as successor to the | ||||||
15 | Department of
Public Aid) shall annually submit to the State
| ||||||
16 | Comptroller, Senate President, Senate Minority Leader, Speaker | ||||||
17 | of the House,
House Minority Leader, and the respective | ||||||
18 | Chairmen and Minority Spokesmen of
the Appropriations | ||||||
19 | Committees of the Senate and the House, on or before
December | ||||||
20 | 31, a report
of fiscal year funds used to pay for services | ||||||
21 | (other than medical care)
provided in any prior fiscal year. | ||||||
22 | This report shall document by program or
service category | ||||||
23 | those expenditures from the most recently completed fiscal
| ||||||
24 | year used to pay for services provided in prior fiscal years.
| ||||||
25 | (g) In addition, each annual report required to be | ||||||
26 | submitted by the
Department of Healthcare and Family Services |
| |||||||
| |||||||
1 | under subsection (e) shall include the following
information | ||||||
2 | with respect to the State's Medicaid program:
| ||||||
3 | (1) Explanations of the exact causes of the variance | ||||||
4 | between the previous
year's estimated and actual | ||||||
5 | liabilities.
| ||||||
6 | (2) Factors affecting the Department of Healthcare and | ||||||
7 | Family Services' liabilities,
including, but not limited | ||||||
8 | to, numbers of aid recipients, levels of medical
service | ||||||
9 | utilization by aid recipients, and inflation in the cost | ||||||
10 | of medical
services.
| ||||||
11 | (3) The results of the Department's efforts to combat | ||||||
12 | fraud and abuse.
| ||||||
13 | (h) As provided in Section 4 of the General Assembly | ||||||
14 | Compensation Act,
any utility bill for service provided to a | ||||||
15 | General Assembly
member's district office for a period | ||||||
16 | including portions of 2 consecutive
fiscal years may be paid | ||||||
17 | from funds appropriated for such expenditure in
either fiscal | ||||||
18 | year.
| ||||||
19 | (i) An agency which administers a fund classified by the | ||||||
20 | Comptroller as an
internal service fund may issue rules for:
| ||||||
21 | (1) billing user agencies in advance for payments or | ||||||
22 | authorized inter-fund transfers
based on estimated charges | ||||||
23 | for goods or services;
| ||||||
24 | (2) issuing credits, refunding through inter-fund | ||||||
25 | transfers, or reducing future inter-fund transfers
during
| ||||||
26 | the subsequent fiscal year for all user agency payments or |
| |||||||
| |||||||
1 | authorized inter-fund transfers received during the
prior | ||||||
2 | fiscal year which were in excess of the final amounts owed | ||||||
3 | by the user
agency for that period; and
| ||||||
4 | (3) issuing catch-up billings to user agencies
during | ||||||
5 | the subsequent fiscal year for amounts remaining due when | ||||||
6 | payments or authorized inter-fund transfers
received from | ||||||
7 | the user agency during the prior fiscal year were less | ||||||
8 | than the
total amount owed for that period.
| ||||||
9 | User agencies are authorized to reimburse internal service | ||||||
10 | funds for catch-up
billings by vouchers drawn against their | ||||||
11 | respective appropriations for the
fiscal year in which the | ||||||
12 | catch-up billing was issued or by increasing an authorized | ||||||
13 | inter-fund transfer during the current fiscal year. For the | ||||||
14 | purposes of this Act, "inter-fund transfers" means transfers | ||||||
15 | without the use of the voucher-warrant process, as authorized | ||||||
16 | by Section 9.01 of the State Comptroller Act.
| ||||||
17 | (i-1) Beginning on July 1, 2021, all outstanding | ||||||
18 | liabilities, not payable during the 4-month lapse period as | ||||||
19 | described in subsections (b-1), (b-3), (b-4), (b-5), and (c) | ||||||
20 | of this Section, that are made from appropriations for that | ||||||
21 | purpose for any fiscal year, without regard to the fact that | ||||||
22 | the services being compensated for by those payments may have | ||||||
23 | been rendered in a prior fiscal year, are limited to only those | ||||||
24 | claims that have been incurred but for which a proper bill or | ||||||
25 | invoice as defined by the State Prompt Payment Act has not been | ||||||
26 | received by September 30th following the end of the fiscal |
| |||||||
| |||||||
1 | year in which the service was rendered. | ||||||
2 | (j) Notwithstanding any other provision of this Act, the | ||||||
3 | aggregate amount of payments to be made without regard for | ||||||
4 | fiscal year limitations as contained in subsections (b-1), | ||||||
5 | (b-3), (b-4), (b-5), and (c) of this Section, and determined | ||||||
6 | by using Generally Accepted Accounting Principles, shall not | ||||||
7 | exceed the following amounts: | ||||||
8 | (1) $6,000,000,000 for outstanding liabilities related | ||||||
9 | to fiscal year 2012; | ||||||
10 | (2) $5,300,000,000 for outstanding liabilities related | ||||||
11 | to fiscal year 2013; | ||||||
12 | (3) $4,600,000,000 for outstanding liabilities related | ||||||
13 | to fiscal year 2014; | ||||||
14 | (4) $4,000,000,000 for outstanding liabilities related | ||||||
15 | to fiscal year 2015; | ||||||
16 | (5) $3,300,000,000 for outstanding liabilities related | ||||||
17 | to fiscal year 2016; | ||||||
18 | (6) $2,600,000,000 for outstanding liabilities related | ||||||
19 | to fiscal year 2017; | ||||||
20 | (7) $2,000,000,000 for outstanding liabilities related | ||||||
21 | to fiscal year 2018; | ||||||
22 | (8) $1,300,000,000 for outstanding liabilities related | ||||||
23 | to fiscal year 2019; | ||||||
24 | (9) $600,000,000 for outstanding liabilities related | ||||||
25 | to fiscal year 2020; and | ||||||
26 | (10) $0 for outstanding liabilities related to fiscal |
| |||||||
| |||||||
1 | year 2021 and fiscal years thereafter. | ||||||
2 | (k) Department of Healthcare and Family Services Medical | ||||||
3 | Assistance Payments. | ||||||
4 | (1) Definition of Medical Assistance. | ||||||
5 | For purposes of this subsection, the term "Medical | ||||||
6 | Assistance" shall include, but not necessarily be | ||||||
7 | limited to, medical programs and services authorized | ||||||
8 | under Titles XIX and XXI of the Social Security Act, | ||||||
9 | the Illinois Public Aid Code, the Children's Health | ||||||
10 | Insurance Program Act, the Covering ALL KIDS Health | ||||||
11 | Insurance Act, the Long Term Acute Care Hospital | ||||||
12 | Quality Improvement Transfer Program Act, and medical | ||||||
13 | care to or on behalf of persons suffering from chronic | ||||||
14 | renal disease, persons suffering from hemophilia, and | ||||||
15 | victims of sexual assault. | ||||||
16 | (2) Limitations on Medical Assistance payments that | ||||||
17 | may be paid from future fiscal year appropriations. | ||||||
18 | (A) The maximum amounts of annual unpaid Medical | ||||||
19 | Assistance bills received and recorded by the | ||||||
20 | Department of Healthcare and Family Services on or | ||||||
21 | before June 30th of a particular fiscal year | ||||||
22 | attributable in aggregate to the General Revenue Fund, | ||||||
23 | Healthcare Provider Relief Fund, Tobacco Settlement | ||||||
24 | Recovery Fund, Long-Term Care Provider Fund, and the | ||||||
25 | Drug Rebate Fund that may be paid in total by the | ||||||
26 | Department from future fiscal year Medical Assistance |
| |||||||
| |||||||
1 | appropriations to those funds are:
$700,000,000 for | ||||||
2 | fiscal year 2013 and $100,000,000 for fiscal year 2014 | ||||||
3 | and each fiscal year thereafter. | ||||||
4 | (B) Bills for Medical Assistance services rendered | ||||||
5 | in a particular fiscal year, but received and recorded | ||||||
6 | by the Department of Healthcare and Family Services | ||||||
7 | after June 30th of that fiscal year, may be paid from | ||||||
8 | either appropriations for that fiscal year or future | ||||||
9 | fiscal year appropriations for Medical Assistance. | ||||||
10 | Such payments shall not be subject to the requirements | ||||||
11 | of subparagraph (A). | ||||||
12 | (C) Medical Assistance bills received by the | ||||||
13 | Department of Healthcare and Family Services in a | ||||||
14 | particular fiscal year, but subject to payment amount | ||||||
15 | adjustments in a future fiscal year may be paid from a | ||||||
16 | future fiscal year's appropriation for Medical | ||||||
17 | Assistance. Such payments shall not be subject to the | ||||||
18 | requirements of subparagraph (A). | ||||||
19 | (D) Medical Assistance payments made by the | ||||||
20 | Department of Healthcare and Family Services from | ||||||
21 | funds other than those specifically referenced in | ||||||
22 | subparagraph (A) may be made from appropriations for | ||||||
23 | those purposes for any fiscal year without regard to | ||||||
24 | the fact that the Medical Assistance services being | ||||||
25 | compensated for by such payment may have been rendered | ||||||
26 | in a prior fiscal year. Such payments shall not be |
| |||||||
| |||||||
1 | subject to the requirements of subparagraph (A). | ||||||
2 | (3) Extended lapse period for Department of Healthcare | ||||||
3 | and Family Services Medical Assistance payments. | ||||||
4 | Notwithstanding any other State law to the contrary, | ||||||
5 | outstanding Department of Healthcare and Family Services | ||||||
6 | Medical Assistance liabilities, as of June 30th, payable | ||||||
7 | from appropriations which have otherwise expired, may be | ||||||
8 | paid out of the expiring appropriations during the 4-month | ||||||
9 | period ending at the close of business on October 31st. | ||||||
10 | (l) The changes to this Section made by Public Act 97-691 | ||||||
11 | shall be effective for payment of Medical Assistance bills | ||||||
12 | incurred in fiscal year 2013 and future fiscal years. The | ||||||
13 | changes to this Section made by Public Act 97-691 shall not be | ||||||
14 | applied to Medical Assistance bills incurred in fiscal year | ||||||
15 | 2012 or prior fiscal years. | ||||||
16 | (m) The Comptroller must issue payments against | ||||||
17 | outstanding liabilities that were received prior to the lapse | ||||||
18 | period deadlines set forth in this Section as soon thereafter | ||||||
19 | as practical, but no payment may be issued after the 4 months | ||||||
20 | following the lapse period deadline without the signed | ||||||
21 | authorization of the Comptroller and the Governor. | ||||||
22 | (Source: P.A. 101-10, eff. 6-5-19; 101-275, eff. 8-9-19; | ||||||
23 | 101-636, eff. 6-10-20; 102-16, eff. 6-17-21; 102-291, eff. | ||||||
24 | 8-6-21; 102-699, eff. 4-19-22; 102-813, eff. 5-13-22.)
| ||||||
25 | Section 5-55. The State Revenue Sharing Act is amended by |
| |||||||
| |||||||
1 | changing Section 12 as follows:
| ||||||
2 | (30 ILCS 115/12) (from Ch. 85, par. 616)
| ||||||
3 | Sec. 12. Personal Property Tax Replacement Fund. There is | ||||||
4 | hereby
created the Personal Property Tax Replacement Fund, a | ||||||
5 | special fund in
the State Treasury into which shall be paid all | ||||||
6 | revenue realized:
| ||||||
7 | (a) all amounts realized from the additional personal | ||||||
8 | property tax
replacement income tax imposed by subsections | ||||||
9 | (c) and (d) of Section 201 of the
Illinois Income Tax Act, | ||||||
10 | except for those amounts deposited into the Income Tax
| ||||||
11 | Refund Fund pursuant to subsection (c) of Section 901 of | ||||||
12 | the Illinois Income
Tax Act; and
| ||||||
13 | (b) all amounts realized from the additional personal | ||||||
14 | property replacement
invested capital taxes imposed by | ||||||
15 | Section 2a.1 of the Messages Tax
Act, Section 2a.1 of the | ||||||
16 | Gas Revenue Tax Act, Section 2a.1 of the Public
Utilities | ||||||
17 | Revenue Act, and Section 3 of the Water Company Invested | ||||||
18 | Capital
Tax Act, and amounts payable to the Department of | ||||||
19 | Revenue under the
Telecommunications Infrastructure | ||||||
20 | Maintenance Fee Act.
| ||||||
21 | As soon as may be after the end of each month, the | ||||||
22 | Department of Revenue
shall certify to the Treasurer and the | ||||||
23 | Comptroller the amount of all refunds
paid out of the General | ||||||
24 | Revenue Fund through the preceding month on account
of | ||||||
25 | overpayment of liability on taxes paid into the Personal |
| |||||||
| |||||||
1 | Property Tax
Replacement Fund. Upon receipt of such | ||||||
2 | certification, the Treasurer and
the Comptroller shall | ||||||
3 | transfer the amount so certified from the Personal
Property | ||||||
4 | Tax Replacement Fund into the General Revenue Fund.
| ||||||
5 | The payments of revenue into the Personal Property Tax | ||||||
6 | Replacement Fund
shall be used exclusively for distribution to | ||||||
7 | taxing districts, regional offices and officials, and local | ||||||
8 | officials as provided
in this Section and in the School Code, | ||||||
9 | payment of the ordinary and contingent expenses of the | ||||||
10 | Property Tax Appeal Board, payment of the expenses of the | ||||||
11 | Department of Revenue incurred
in administering the collection | ||||||
12 | and distribution of monies paid into the
Personal Property Tax | ||||||
13 | Replacement Fund and transfers due to refunds to
taxpayers for | ||||||
14 | overpayment of liability for taxes paid into the Personal
| ||||||
15 | Property Tax Replacement Fund.
| ||||||
16 | In addition, moneys in the Personal Property Tax
| ||||||
17 | Replacement Fund may be used to pay any of the following: (i) | ||||||
18 | salary, stipends, and additional compensation as provided by | ||||||
19 | law for chief election clerks, county clerks, and county | ||||||
20 | recorders; (ii) costs associated with regional offices of | ||||||
21 | education and educational service centers; (iii) | ||||||
22 | reimbursements payable by the State Board of Elections under | ||||||
23 | Section 4-25, 5-35, 6-71, 13-10, 13-10a, or 13-11 of the | ||||||
24 | Election Code; (iv) expenses of the Illinois Educational Labor | ||||||
25 | Relations Board; and (v) salary, personal services, and | ||||||
26 | additional compensation as provided by law for court reporters |
| |||||||
| |||||||
1 | under the Court Reporters Act. | ||||||
2 | As soon as may be after June 26, 1980 (the effective date | ||||||
3 | of Public Act 81-1255),
the Department of Revenue shall | ||||||
4 | certify to the Treasurer the amount of net
replacement revenue | ||||||
5 | paid into the General Revenue Fund prior to that effective
| ||||||
6 | date from the additional tax imposed by Section 2a.1 of the | ||||||
7 | Messages Tax
Act; Section 2a.1 of the Gas Revenue Tax Act; | ||||||
8 | Section 2a.1 of the Public
Utilities Revenue Act; Section 3 of | ||||||
9 | the Water Company Invested Capital Tax Act;
amounts collected | ||||||
10 | by the Department of Revenue under the Telecommunications | ||||||
11 | Infrastructure Maintenance Fee Act; and the
additional | ||||||
12 | personal
property tax replacement income tax imposed by
the | ||||||
13 | Illinois Income Tax Act, as amended by Public
Act 81-1st | ||||||
14 | Special Session-1. Net replacement revenue shall be defined as
| ||||||
15 | the total amount paid into and remaining in the General | ||||||
16 | Revenue Fund as a
result of those Acts minus the amount | ||||||
17 | outstanding and obligated from the
General Revenue Fund in | ||||||
18 | state vouchers or warrants prior to June 26, 1980 (the | ||||||
19 | effective
date of Public Act 81-1255) as refunds to taxpayers | ||||||
20 | for overpayment
of liability under those Acts.
| ||||||
21 | All interest earned by monies accumulated in the Personal | ||||||
22 | Property
Tax Replacement Fund shall be deposited in such Fund. | ||||||
23 | All amounts allocated
pursuant to this Section are | ||||||
24 | appropriated on a continuing basis.
| ||||||
25 | Prior to December 31, 1980, as soon as may be after the end | ||||||
26 | of each quarter
beginning with the quarter ending December 31, |
| |||||||
| |||||||
1 | 1979, and on and after
December 31, 1980, as soon as may be | ||||||
2 | after January 1, March 1, April 1, May
1, July 1, August 1, | ||||||
3 | October 1 and December 1 of each year, the Department
of | ||||||
4 | Revenue shall allocate to each taxing district as defined in | ||||||
5 | Section 1-150
of the Property Tax Code, in accordance with
the | ||||||
6 | provisions of paragraph (2) of this Section the portion of the | ||||||
7 | funds held
in the Personal Property Tax Replacement Fund which | ||||||
8 | is required to be
distributed, as provided in paragraph (1), | ||||||
9 | for each quarter. Provided,
however, under no circumstances | ||||||
10 | shall any taxing district during each of the
first two years of | ||||||
11 | distribution of the taxes imposed by Public Act 81-1st Special | ||||||
12 | Session-1 be entitled to an annual allocation which is less | ||||||
13 | than the funds such
taxing district collected from the 1978 | ||||||
14 | personal property tax. Provided further
that under no | ||||||
15 | circumstances shall any taxing district during the third year | ||||||
16 | of
distribution of the taxes imposed by Public Act 81-1st | ||||||
17 | Special Session-1 receive less
than 60% of the funds such | ||||||
18 | taxing district collected from the 1978 personal
property tax. | ||||||
19 | In the event that the total of the allocations made as above
| ||||||
20 | provided for all taxing districts, during either of such 3 | ||||||
21 | years, exceeds the
amount available for distribution the | ||||||
22 | allocation of each taxing district shall
be proportionately | ||||||
23 | reduced. Except as provided in Section 13 of this Act, the
| ||||||
24 | Department shall then certify, pursuant to appropriation, such | ||||||
25 | allocations to
the State Comptroller who shall pay over to the | ||||||
26 | several taxing districts the
respective amounts allocated to |
| |||||||
| |||||||
1 | them.
| ||||||
2 | Any township which receives an allocation based in whole | ||||||
3 | or in part upon
personal property taxes which it levied | ||||||
4 | pursuant to Section 6-507 or 6-512
of the Illinois Highway | ||||||
5 | Code and which was previously
required to be paid
over to a | ||||||
6 | municipality shall immediately pay over to that municipality a
| ||||||
7 | proportionate share of the personal property replacement funds | ||||||
8 | which such
township receives.
| ||||||
9 | Any municipality or township, other than a municipality | ||||||
10 | with a population
in excess of 500,000, which receives an | ||||||
11 | allocation based in whole or in
part on personal property | ||||||
12 | taxes which it levied pursuant to Sections 3-1,
3-4 and 3-6 of | ||||||
13 | the Illinois Local Library Act and which was
previously
| ||||||
14 | required to be paid over to a public library shall immediately | ||||||
15 | pay over
to that library a proportionate share of the personal | ||||||
16 | property tax replacement
funds which such municipality or | ||||||
17 | township receives; provided that if such
a public library has | ||||||
18 | converted to a library organized under the Illinois
Public | ||||||
19 | Library District Act, regardless of whether such conversion | ||||||
20 | has
occurred on, after or before January 1, 1988, such | ||||||
21 | proportionate share
shall be immediately paid over to the | ||||||
22 | library district which maintains and
operates the library. | ||||||
23 | However, any library that has converted prior to January
1, | ||||||
24 | 1988, and which hitherto has not received the personal | ||||||
25 | property tax
replacement funds, shall receive such funds | ||||||
26 | commencing on January 1, 1988.
|
| |||||||
| |||||||
1 | Any township which receives an allocation based in whole | ||||||
2 | or in part on
personal property taxes which it levied pursuant | ||||||
3 | to Section 1c of the Public
Graveyards Act and which taxes were | ||||||
4 | previously required to be paid
over to or used for such public | ||||||
5 | cemetery or cemeteries shall immediately
pay over to or use | ||||||
6 | for such public cemetery or cemeteries a proportionate
share | ||||||
7 | of the personal property tax replacement funds which the | ||||||
8 | township
receives.
| ||||||
9 | Any taxing district which receives an allocation based in | ||||||
10 | whole or in
part upon personal property taxes which it levied | ||||||
11 | for another
governmental body or school district in Cook | ||||||
12 | County in 1976 or for
another governmental body or school | ||||||
13 | district in the remainder of the
State in 1977 shall | ||||||
14 | immediately pay over to that governmental body or
school | ||||||
15 | district the amount of personal property replacement funds | ||||||
16 | which
such governmental body or school district would receive | ||||||
17 | directly under
the provisions of paragraph (2) of this | ||||||
18 | Section, had it levied its own
taxes.
| ||||||
19 | (1) The portion of the Personal Property Tax | ||||||
20 | Replacement Fund required to
be
distributed as of the time | ||||||
21 | allocation is required to be made shall be the
amount | ||||||
22 | available in such Fund as of the time allocation is | ||||||
23 | required to be made.
| ||||||
24 | The amount available for distribution shall be the | ||||||
25 | total amount in the
fund at such time minus the necessary | ||||||
26 | administrative and other authorized expenses as limited
by |
| |||||||
| |||||||
1 | the appropriation and the amount determined by: (a) $2.8 | ||||||
2 | million for
fiscal year 1981; (b) for fiscal year 1982, | ||||||
3 | .54% of the funds distributed
from the fund during the | ||||||
4 | preceding fiscal year; (c) for fiscal year 1983
through | ||||||
5 | fiscal year 1988, .54% of the funds distributed from the | ||||||
6 | fund during
the preceding fiscal year less .02% of such | ||||||
7 | fund for fiscal year 1983 and
less .02% of such funds for | ||||||
8 | each fiscal year thereafter; (d) for fiscal
year 1989 | ||||||
9 | through fiscal year 2011 no more than 105% of the actual | ||||||
10 | administrative expenses
of the prior fiscal year; (e) for | ||||||
11 | fiscal year 2012 and beyond, a sufficient amount to pay | ||||||
12 | (i) stipends, additional compensation, salary | ||||||
13 | reimbursements, and other amounts directed to be paid out | ||||||
14 | of this Fund for local officials as authorized or required | ||||||
15 | by statute and (ii) the ordinary and contingent expenses | ||||||
16 | of the Property Tax Appeal Board and the expenses of the | ||||||
17 | Department of Revenue incurred in administering the | ||||||
18 | collection and distribution of moneys paid into the Fund; | ||||||
19 | (f) for fiscal years 2012 and 2013 only, a sufficient | ||||||
20 | amount to pay stipends, additional compensation, salary | ||||||
21 | reimbursements, and other amounts directed to be paid out | ||||||
22 | of this Fund for regional offices and officials as | ||||||
23 | authorized or required by statute; or (g) for fiscal years | ||||||
24 | 2018 through 2024 2023 only, a sufficient amount to pay | ||||||
25 | amounts directed to be paid out of this Fund for public | ||||||
26 | community college base operating grants and local health |
| |||||||
| |||||||
1 | protection grants to certified local health departments as | ||||||
2 | authorized or required by appropriation or statute. Such | ||||||
3 | portion of the fund shall be determined after
the transfer | ||||||
4 | into the General Revenue Fund due to refunds, if any, paid
| ||||||
5 | from the General Revenue Fund during the preceding | ||||||
6 | quarter. If at any time,
for any reason, there is | ||||||
7 | insufficient amount in the Personal Property
Tax | ||||||
8 | Replacement Fund for payments for regional offices and | ||||||
9 | officials or local officials or payment of costs of | ||||||
10 | administration or for transfers
due to refunds at the end | ||||||
11 | of any particular month, the amount of such
insufficiency | ||||||
12 | shall be carried over for the purposes of payments for | ||||||
13 | regional offices and officials, local officials, transfers | ||||||
14 | into the
General Revenue Fund, and costs of administration | ||||||
15 | to the
following month or months. Net replacement revenue | ||||||
16 | held, and defined above,
shall be transferred by the | ||||||
17 | Treasurer and Comptroller to the Personal Property
Tax | ||||||
18 | Replacement Fund within 10 days of such certification.
| ||||||
19 | (2) Each quarterly allocation shall first be | ||||||
20 | apportioned in the
following manner: 51.65% for taxing | ||||||
21 | districts in Cook County and 48.35%
for taxing districts | ||||||
22 | in the remainder of the State.
| ||||||
23 | The Personal Property Replacement Ratio of each taxing | ||||||
24 | district
outside Cook County shall be the ratio which the Tax | ||||||
25 | Base of that taxing
district bears to the Downstate Tax Base. | ||||||
26 | The Tax Base of each taxing
district outside of Cook County is |
| |||||||
| |||||||
1 | the personal property tax collections
for that taxing district | ||||||
2 | for the 1977 tax year. The Downstate Tax Base
is the personal | ||||||
3 | property tax collections for all taxing districts in the
State | ||||||
4 | outside of Cook County for the 1977 tax year. The Department of
| ||||||
5 | Revenue shall have authority to review for accuracy and | ||||||
6 | completeness the
personal property tax collections for each | ||||||
7 | taxing district outside Cook
County for the 1977 tax year.
| ||||||
8 | The Personal Property Replacement Ratio of each Cook | ||||||
9 | County taxing
district shall be the ratio which the Tax Base of | ||||||
10 | that taxing district
bears to the Cook County Tax Base. The Tax | ||||||
11 | Base of each Cook County
taxing district is the personal | ||||||
12 | property tax collections for that taxing
district for the 1976 | ||||||
13 | tax year. The Cook County Tax Base is the
personal property tax | ||||||
14 | collections for all taxing districts in Cook
County for the | ||||||
15 | 1976 tax year. The Department of Revenue shall have
authority | ||||||
16 | to review for accuracy and completeness the personal property | ||||||
17 | tax
collections for each taxing district within Cook County | ||||||
18 | for the 1976 tax year.
| ||||||
19 | For all purposes of this Section 12, amounts paid to a | ||||||
20 | taxing district
for such tax years as may be applicable by a | ||||||
21 | foreign corporation under the
provisions of Section 7-202 of | ||||||
22 | the Public Utilities Act, as amended,
shall be deemed to be | ||||||
23 | personal property taxes collected by such taxing district
for | ||||||
24 | such tax years as may be applicable. The Director shall | ||||||
25 | determine from the
Illinois Commerce Commission, for any tax | ||||||
26 | year as may be applicable, the
amounts so paid by any such |
| |||||||
| |||||||
1 | foreign corporation to any and all taxing
districts. The | ||||||
2 | Illinois Commerce Commission shall furnish such information to
| ||||||
3 | the Director. For all purposes of this Section 12, the | ||||||
4 | Director shall deem such
amounts to be collected personal | ||||||
5 | property taxes of each such taxing district
for the applicable | ||||||
6 | tax year or years.
| ||||||
7 | Taxing districts located both in Cook County and in one or | ||||||
8 | more other
counties shall receive both a Cook County | ||||||
9 | allocation and a Downstate
allocation determined in the same | ||||||
10 | way as all other taxing districts.
| ||||||
11 | If any taxing district in existence on July 1, 1979 ceases | ||||||
12 | to exist,
or discontinues its operations, its Tax Base shall | ||||||
13 | thereafter be deemed
to be zero. If the powers, duties and | ||||||
14 | obligations of the discontinued
taxing district are assumed by | ||||||
15 | another taxing district, the Tax Base of
the discontinued | ||||||
16 | taxing district shall be added to the Tax Base of the
taxing | ||||||
17 | district assuming such powers, duties and obligations.
| ||||||
18 | If two or more taxing districts in existence on July 1, | ||||||
19 | 1979, or a
successor or successors thereto shall consolidate | ||||||
20 | into one taxing
district, the Tax Base of such consolidated | ||||||
21 | taxing district shall be the
sum of the Tax Bases of each of | ||||||
22 | the taxing districts which have consolidated.
| ||||||
23 | If a single taxing district in existence on July 1, 1979, | ||||||
24 | or a
successor or successors thereto shall be divided into two | ||||||
25 | or more
separate taxing districts, the tax base of the taxing | ||||||
26 | district so
divided shall be allocated to each of the |
| |||||||
| |||||||
1 | resulting taxing districts in
proportion to the then current | ||||||
2 | equalized assessed value of each resulting
taxing district.
| ||||||
3 | If a portion of the territory of a taxing district is | ||||||
4 | disconnected
and annexed to another taxing district of the | ||||||
5 | same type, the Tax Base of
the taxing district from which | ||||||
6 | disconnection was made shall be reduced
in proportion to the | ||||||
7 | then current equalized assessed value of the disconnected
| ||||||
8 | territory as compared with the then current equalized assessed | ||||||
9 | value within the
entire territory of the taxing district prior | ||||||
10 | to disconnection, and the
amount of such reduction shall be | ||||||
11 | added to the Tax Base of the taxing
district to which | ||||||
12 | annexation is made.
| ||||||
13 | If a community college district is created after July 1, | ||||||
14 | 1979,
beginning on January 1, 1996 (the effective date of | ||||||
15 | Public Act 89-327), its Tax Base
shall be 3.5% of the sum of | ||||||
16 | the personal property tax collected for the
1977 tax year | ||||||
17 | within the territorial jurisdiction of the district.
| ||||||
18 | The amounts allocated and paid to taxing districts | ||||||
19 | pursuant to
the provisions of Public Act 81-1st Special | ||||||
20 | Session-1 shall be deemed to be
substitute revenues for the | ||||||
21 | revenues derived from taxes imposed on
personal property | ||||||
22 | pursuant to the provisions of the "Revenue Act of
1939" or "An | ||||||
23 | Act for the assessment and taxation of private car line
| ||||||
24 | companies", approved July 22, 1943, as amended, or Section 414 | ||||||
25 | of the
Illinois Insurance Code, prior to the abolition of such | ||||||
26 | taxes and shall
be used for the same purposes as the revenues |
| |||||||
| |||||||
1 | derived from ad valorem
taxes on real estate.
| ||||||
2 | Monies received by any taxing districts from the Personal | ||||||
3 | Property
Tax Replacement Fund shall be first applied toward | ||||||
4 | payment of the proportionate
amount of debt service which was | ||||||
5 | previously levied and collected from
extensions against | ||||||
6 | personal property on bonds outstanding as of December 31,
1978 | ||||||
7 | and next applied toward payment of the proportionate share of | ||||||
8 | the pension
or retirement obligations of the taxing district | ||||||
9 | which were previously levied
and collected from extensions | ||||||
10 | against personal property. For each such
outstanding bond | ||||||
11 | issue, the County Clerk shall determine the percentage of the
| ||||||
12 | debt service which was collected from extensions against real | ||||||
13 | estate in the
taxing district for 1978 taxes payable in 1979, | ||||||
14 | as related to the total amount
of such levies and collections | ||||||
15 | from extensions against both real and personal
property. For | ||||||
16 | 1979 and subsequent years' taxes, the County Clerk shall levy
| ||||||
17 | and extend taxes against the real estate of each taxing | ||||||
18 | district which will
yield the said percentage or percentages | ||||||
19 | of the debt service on such
outstanding bonds. The balance of | ||||||
20 | the amount necessary to fully pay such debt
service shall | ||||||
21 | constitute a first and prior lien upon the monies
received by | ||||||
22 | each such taxing district through the Personal Property Tax
| ||||||
23 | Replacement Fund and shall be first applied or set aside for | ||||||
24 | such purpose.
In counties having fewer than 3,000,000 | ||||||
25 | inhabitants, the amendments to
this paragraph as made by | ||||||
26 | Public Act 81-1255 shall be first
applicable to 1980 taxes to |
| |||||||
| |||||||
1 | be collected in 1981.
| ||||||
2 | (Source: P.A. 101-10, eff. 6-5-19; 101-636, eff. 6-10-20; | ||||||
3 | 102-16, eff. 6-17-21; 102-699, eff. 4-19-22.)
| ||||||
4 | Section 5-60. The Railsplitter Tobacco Settlement | ||||||
5 | Authority Act is amended by changing Section 3-5 as follows: | ||||||
6 | (30 ILCS 171/3-5)
| ||||||
7 | Sec. 3-5. Certain powers of the Authority. The Authority | ||||||
8 | shall have the power to: | ||||||
9 | (1) sue and be sued;
| ||||||
10 | (2) have a seal and alter the same at pleasure;
| ||||||
11 | (3) make and alter by-laws for its organization and | ||||||
12 | internal management and make rules and regulations | ||||||
13 | governing the use of its property and facilities;
| ||||||
14 | (4) appoint by and with the consent of the Attorney | ||||||
15 | General, assistant attorneys for such Authority; those | ||||||
16 | assistant attorneys shall be under the control, direction, | ||||||
17 | and supervision of the Attorney General and shall serve at | ||||||
18 | his or her pleasure; | ||||||
19 | (5) retain special counsel, subject to the approval of | ||||||
20 | the Attorney General, as needed from time to time, and fix | ||||||
21 | their compensation, provided however, such special counsel | ||||||
22 | shall be subject to the control, direction and supervision | ||||||
23 | of the Attorney General and shall serve at his or her | ||||||
24 | pleasure; |
| |||||||
| |||||||
1 | (6) make and execute contracts and all other | ||||||
2 | instruments necessary or convenient for the exercise of | ||||||
3 | its powers and functions under this Section and to | ||||||
4 | commence any action to protect or enforce any right | ||||||
5 | conferred upon it by any law, contract, or other | ||||||
6 | agreement, provided that any underwriter, financial | ||||||
7 | advisor, bond counsel, or other professional providing | ||||||
8 | services to the Authority may be selected pursuant to | ||||||
9 | solicitations issued and completed by the Governor's | ||||||
10 | Office of Management and Budget for those services;
| ||||||
11 | (7) appoint officers and agents, prescribe their | ||||||
12 | duties and qualifications, fix their compensation and | ||||||
13 | engage the services of private consultants and counsel on | ||||||
14 | a contract basis for rendering professional and technical | ||||||
15 | assistance and advice, provided that this shall not be | ||||||
16 | construed to limit the authority of the Attorney General | ||||||
17 | provided in Section 4 of the Attorney General Act;
| ||||||
18 | (8) pay its operating expenses and its financing | ||||||
19 | costs, including its reasonable costs of issuance and sale | ||||||
20 | and those of the Attorney General, if any, in a total | ||||||
21 | amount not greater than 1% of the principal amount of the | ||||||
22 | proceeds of the bond sale;
| ||||||
23 | (9) borrow money in its name and issue negotiable | ||||||
24 | bonds and provide for the rights of the holders thereof as | ||||||
25 | otherwise provided in this Act;
| ||||||
26 | (10) procure insurance against any loss in connection |
| |||||||
| |||||||
1 | with its activities, properties, and assets in such amount | ||||||
2 | and from such insurers as it deems desirable;
| ||||||
3 | (11) invest any funds or other moneys under its | ||||||
4 | custody and control in investment securities , including in | ||||||
5 | defeasance collateral, as that term is defined in any bond | ||||||
6 | indenture to which the Authority is party, or under any | ||||||
7 | related bond facility;
| ||||||
8 | (12) as security for the payment of the principal of | ||||||
9 | and interest on any bonds issued by it pursuant to this Act | ||||||
10 | and any agreement made in connection therewith and for its | ||||||
11 | obligations under any related bond facility, pledge all or | ||||||
12 | any part of the tobacco settlement revenues;
| ||||||
13 | (13) receive payments, transfers of funds, or other
| ||||||
14 | moneys from any source in furtherance of a defeasance of | ||||||
15 | bonds, provide notice to an indenture trustee of the | ||||||
16 | defeasance of outstanding bonds, and execute and deliver | ||||||
17 | those instruments necessary to discharge the lien of the | ||||||
18 | trustee and the security interest of the holders of | ||||||
19 | outstanding bonds created under an indenture; and | ||||||
20 | (14) do any and all things necessary or convenient to | ||||||
21 | carry out its purposes and exercise the powers expressly | ||||||
22 | given and granted in this Section.
| ||||||
23 | (Source: P.A. 96-958, eff. 7-1-10.) | ||||||
24 | Section 5-62. The Illinois Procurement Code is amended by | ||||||
25 | changing Sections 1-10, 10-10, and 10-20 as follows:
|
| |||||||
| |||||||
1 | (30 ILCS 500/1-10)
| ||||||
2 | Sec. 1-10. Application.
| ||||||
3 | (a) This Code applies only to procurements for which | ||||||
4 | bidders, offerors, potential contractors, or contractors were | ||||||
5 | first
solicited on or after July 1, 1998. This Code shall not | ||||||
6 | be construed to affect
or impair any contract, or any | ||||||
7 | provision of a contract, entered into based on a
solicitation | ||||||
8 | prior to the implementation date of this Code as described in
| ||||||
9 | Article 99, including, but not limited to, any covenant | ||||||
10 | entered into with respect
to any revenue bonds or similar | ||||||
11 | instruments.
All procurements for which contracts are | ||||||
12 | solicited between the effective date
of Articles 50 and 99 and | ||||||
13 | July 1, 1998 shall be substantially in accordance
with this | ||||||
14 | Code and its intent.
| ||||||
15 | (b) This Code shall apply regardless of the source of the | ||||||
16 | funds with which
the contracts are paid, including federal | ||||||
17 | assistance moneys. This
Code shall
not apply to:
| ||||||
18 | (1) Contracts between the State and its political | ||||||
19 | subdivisions or other
governments, or between State | ||||||
20 | governmental bodies, except as specifically provided in | ||||||
21 | this Code.
| ||||||
22 | (2) Grants, except for the filing requirements of | ||||||
23 | Section 20-80.
| ||||||
24 | (3) Purchase of care, except as provided in Section | ||||||
25 | 5-30.6 of the Illinois Public Aid
Code and this Section.
|
| |||||||
| |||||||
1 | (4) Hiring of an individual as an employee and not as | ||||||
2 | an independent
contractor, whether pursuant to an | ||||||
3 | employment code or policy or by contract
directly with | ||||||
4 | that individual.
| ||||||
5 | (5) Collective bargaining contracts.
| ||||||
6 | (6) Purchase of real estate, except that notice of | ||||||
7 | this type of contract with a value of more than $25,000 | ||||||
8 | must be published in the Procurement Bulletin within 10 | ||||||
9 | calendar days after the deed is recorded in the county of | ||||||
10 | jurisdiction. The notice shall identify the real estate | ||||||
11 | purchased, the names of all parties to the contract, the | ||||||
12 | value of the contract, and the effective date of the | ||||||
13 | contract.
| ||||||
14 | (7) Contracts necessary to prepare for anticipated | ||||||
15 | litigation, enforcement
actions, or investigations, | ||||||
16 | provided
that the chief legal counsel to the Governor | ||||||
17 | shall give his or her prior
approval when the procuring | ||||||
18 | agency is one subject to the jurisdiction of the
Governor, | ||||||
19 | and provided that the chief legal counsel of any other | ||||||
20 | procuring
entity
subject to this Code shall give his or | ||||||
21 | her prior approval when the procuring
entity is not one | ||||||
22 | subject to the jurisdiction of the Governor.
| ||||||
23 | (8) (Blank).
| ||||||
24 | (9) Procurement expenditures by the Illinois | ||||||
25 | Conservation Foundation
when only private funds are used.
| ||||||
26 | (10) (Blank). |
| |||||||
| |||||||
1 | (11) Public-private agreements entered into according | ||||||
2 | to the procurement requirements of Section 20 of the | ||||||
3 | Public-Private Partnerships for Transportation Act and | ||||||
4 | design-build agreements entered into according to the | ||||||
5 | procurement requirements of Section 25 of the | ||||||
6 | Public-Private Partnerships for Transportation Act. | ||||||
7 | (12) (A) Contracts for legal, financial, and other | ||||||
8 | professional and artistic services entered into by the | ||||||
9 | Illinois Finance Authority in which the State of Illinois | ||||||
10 | is not obligated. Such contracts shall be awarded through | ||||||
11 | a competitive process authorized by the members of the | ||||||
12 | Illinois Finance Authority and are subject to Sections | ||||||
13 | 5-30, 20-160, 50-13, 50-20, 50-35, and 50-37 of this Code, | ||||||
14 | as well as the final approval by the members of the | ||||||
15 | Illinois Finance Authority of the terms of the contract. | ||||||
16 | (B) Contracts for legal and financial services entered | ||||||
17 | into by the Illinois Housing Development Authority in | ||||||
18 | connection with the issuance of bonds in which the State | ||||||
19 | of Illinois is not obligated. Such contracts shall be | ||||||
20 | awarded through a competitive process authorized by the | ||||||
21 | members of the Illinois Housing Development Authority and | ||||||
22 | are subject to Sections 5-30, 20-160, 50-13, 50-20, 50-35, | ||||||
23 | and 50-37 of this Code, as well as the final approval by | ||||||
24 | the members of the Illinois Housing Development Authority | ||||||
25 | of the terms of the contract. | ||||||
26 | (13) Contracts for services, commodities, and |
| |||||||
| |||||||
1 | equipment to support the delivery of timely forensic | ||||||
2 | science services in consultation with and subject to the | ||||||
3 | approval of the Chief Procurement Officer as provided in | ||||||
4 | subsection (d) of Section 5-4-3a of the Unified Code of | ||||||
5 | Corrections, except for the requirements of Sections | ||||||
6 | 20-60, 20-65, 20-70, and 20-160 and Article 50 of this | ||||||
7 | Code; however, the Chief Procurement Officer may, in | ||||||
8 | writing with justification, waive any certification | ||||||
9 | required under Article 50 of this Code. For any contracts | ||||||
10 | for services which are currently provided by members of a | ||||||
11 | collective bargaining agreement, the applicable terms of | ||||||
12 | the collective bargaining agreement concerning | ||||||
13 | subcontracting shall be followed. | ||||||
14 | On and after January 1, 2019, this paragraph (13), | ||||||
15 | except for this sentence, is inoperative. | ||||||
16 | (14) Contracts for participation expenditures required | ||||||
17 | by a domestic or international trade show or exhibition of | ||||||
18 | an exhibitor, member, or sponsor. | ||||||
19 | (15) Contracts with a railroad or utility that | ||||||
20 | requires the State to reimburse the railroad or utilities | ||||||
21 | for the relocation of utilities for construction or other | ||||||
22 | public purpose. Contracts included within this paragraph | ||||||
23 | (15) shall include, but not be limited to, those | ||||||
24 | associated with: relocations, crossings, installations, | ||||||
25 | and maintenance. For the purposes of this paragraph (15), | ||||||
26 | "railroad" means any form of non-highway ground |
| |||||||
| |||||||
1 | transportation that runs on rails or electromagnetic | ||||||
2 | guideways and "utility" means: (1) public utilities as | ||||||
3 | defined in Section 3-105 of the Public Utilities Act, (2) | ||||||
4 | telecommunications carriers as defined in Section 13-202 | ||||||
5 | of the Public Utilities Act, (3) electric cooperatives as | ||||||
6 | defined in Section 3.4 of the Electric Supplier Act, (4) | ||||||
7 | telephone or telecommunications cooperatives as defined in | ||||||
8 | Section 13-212 of the Public Utilities Act, (5) rural | ||||||
9 | water or waste water systems with 10,000 connections or | ||||||
10 | less, (6) a holder as defined in Section 21-201 of the | ||||||
11 | Public Utilities Act, and (7) municipalities owning or | ||||||
12 | operating utility systems consisting of public utilities | ||||||
13 | as that term is defined in Section 11-117-2 of the | ||||||
14 | Illinois Municipal Code. | ||||||
15 | (16) Procurement expenditures necessary for the | ||||||
16 | Department of Public Health to provide the delivery of | ||||||
17 | timely newborn screening services in accordance with the | ||||||
18 | Newborn Metabolic Screening Act. | ||||||
19 | (17) Procurement expenditures necessary for the | ||||||
20 | Department of Agriculture, the Department of Financial and | ||||||
21 | Professional Regulation, the Department of Human Services, | ||||||
22 | and the Department of Public Health to implement the | ||||||
23 | Compassionate Use of Medical Cannabis Program and Opioid | ||||||
24 | Alternative Pilot Program requirements and ensure access | ||||||
25 | to medical cannabis for patients with debilitating medical | ||||||
26 | conditions in accordance with the Compassionate Use of |
| |||||||
| |||||||
1 | Medical Cannabis Program Act. | ||||||
2 | (18) This Code does not apply to any procurements | ||||||
3 | necessary for the Department of Agriculture, the | ||||||
4 | Department of Financial and Professional Regulation, the | ||||||
5 | Department of Human Services, the Department of Commerce | ||||||
6 | and Economic Opportunity, and the Department of Public | ||||||
7 | Health to implement the Cannabis Regulation and Tax Act if | ||||||
8 | the applicable agency has made a good faith determination | ||||||
9 | that it is necessary and appropriate for the expenditure | ||||||
10 | to fall within this exemption and if the process is | ||||||
11 | conducted in a manner substantially in accordance with the | ||||||
12 | requirements of Sections 20-160, 25-60, 30-22, 50-5, | ||||||
13 | 50-10, 50-10.5, 50-12, 50-13, 50-15, 50-20, 50-21, 50-35, | ||||||
14 | 50-36, 50-37, 50-38, and 50-50 of this Code; however, for | ||||||
15 | Section 50-35, compliance applies only to contracts or | ||||||
16 | subcontracts over $100,000. Notice of each contract | ||||||
17 | entered into under this paragraph (18) that is related to | ||||||
18 | the procurement of goods and services identified in | ||||||
19 | paragraph (1) through (9) of this subsection shall be | ||||||
20 | published in the Procurement Bulletin within 14 calendar | ||||||
21 | days after contract execution. The Chief Procurement | ||||||
22 | Officer shall prescribe the form and content of the | ||||||
23 | notice. Each agency shall provide the Chief Procurement | ||||||
24 | Officer, on a monthly basis, in the form and content | ||||||
25 | prescribed by the Chief Procurement Officer, a report of | ||||||
26 | contracts that are related to the procurement of goods and |
| |||||||
| |||||||
1 | services identified in this subsection. At a minimum, this | ||||||
2 | report shall include the name of the contractor, a | ||||||
3 | description of the supply or service provided, the total | ||||||
4 | amount of the contract, the term of the contract, and the | ||||||
5 | exception to this Code utilized. A copy of any or all of | ||||||
6 | these contracts shall be made available to the Chief | ||||||
7 | Procurement Officer immediately upon request. The Chief | ||||||
8 | Procurement Officer shall submit a report to the Governor | ||||||
9 | and General Assembly no later than November 1 of each year | ||||||
10 | that includes, at a minimum, an annual summary of the | ||||||
11 | monthly information reported to the Chief Procurement | ||||||
12 | Officer. This exemption becomes inoperative 5 years after | ||||||
13 | June 25, 2019 (the effective date of Public Act 101-27). | ||||||
14 | (19) Acquisition of modifications or adjustments, | ||||||
15 | limited to assistive technology devices and assistive | ||||||
16 | technology services, adaptive equipment, repairs, and | ||||||
17 | replacement parts to provide reasonable accommodations (i) | ||||||
18 | that enable a qualified applicant with a disability to | ||||||
19 | complete the job application process and be considered for | ||||||
20 | the position such qualified applicant desires, (ii) that | ||||||
21 | modify or adjust the work environment to enable a | ||||||
22 | qualified current employee with a disability to perform | ||||||
23 | the essential functions of the position held by that | ||||||
24 | employee, (iii) to enable a qualified current employee | ||||||
25 | with a disability to enjoy equal benefits and privileges | ||||||
26 | of employment as are enjoyed by other similarly situated |
| |||||||
| |||||||
1 | employees without disabilities, and (iv) that allow a | ||||||
2 | customer, client, claimant, or member of the public | ||||||
3 | seeking State services full use and enjoyment of and | ||||||
4 | access to its programs, services, or benefits. | ||||||
5 | For purposes of this paragraph (19): | ||||||
6 | "Assistive technology devices" means any item, piece | ||||||
7 | of equipment, or product system, whether acquired | ||||||
8 | commercially off the shelf, modified, or customized, that | ||||||
9 | is used to increase, maintain, or improve functional | ||||||
10 | capabilities of individuals with disabilities. | ||||||
11 | "Assistive technology services" means any service that | ||||||
12 | directly assists an individual with a disability in | ||||||
13 | selection, acquisition, or use of an assistive technology | ||||||
14 | device. | ||||||
15 | "Qualified" has the same meaning and use as provided | ||||||
16 | under the federal Americans with Disabilities Act when | ||||||
17 | describing an individual with a disability. | ||||||
18 | (20) Procurement expenditures necessary for the
| ||||||
19 | Illinois Commerce Commission to hire third-party
| ||||||
20 | facilitators pursuant to Sections 16-105.17 and
16-108.18 | ||||||
21 | of the Public Utilities Act or an ombudsman pursuant to | ||||||
22 | Section 16-107.5 of the Public Utilities Act, a | ||||||
23 | facilitator pursuant to Section 16-105.17 of the Public | ||||||
24 | Utilities Act, or a grid auditor pursuant to Section | ||||||
25 | 16-105.10 of the Public Utilities Act. | ||||||
26 | (21) Procurement expenditures for the purchase, |
| |||||||
| |||||||
1 | renewal, and expansion of software, software licenses, or | ||||||
2 | software maintenance agreements that support the efforts | ||||||
3 | of the Illinois State Police to enforce, regulate, and | ||||||
4 | administer the Firearm Owners Identification Card Act, the | ||||||
5 | Firearm Concealed Carry Act, the Firearms Restraining | ||||||
6 | Order Act, the Firearm Dealer License Certification Act, | ||||||
7 | the Law Enforcement Agencies Data System (LEADS), the | ||||||
8 | Uniform Crime Reporting Act, the Criminal Identification | ||||||
9 | Act, the Uniform Conviction Information Act, and the Gun | ||||||
10 | Trafficking Information Act, or establish or maintain | ||||||
11 | record management systems necessary to conduct human | ||||||
12 | trafficking investigations or gun trafficking or other | ||||||
13 | stolen firearm investigations. This paragraph (21) applies | ||||||
14 | to contracts entered into on or after the effective date | ||||||
15 | of this amendatory Act of the 102nd General Assembly and | ||||||
16 | the renewal of contracts that are in effect on the | ||||||
17 | effective date of this amendatory Act of the 102nd General | ||||||
18 | Assembly. | ||||||
19 | (22) Contracts for project management services and
| ||||||
20 | system integration services required for the completion of | ||||||
21 | the State's enterprise resource planning project. This | ||||||
22 | exemption becomes inoperative 5 years after the effective | ||||||
23 | date of this amendatory Act of the 103rd General Assembly. | ||||||
24 | This paragraph (22) applies to contracts entered into on | ||||||
25 | or after the effective date of this amendatory Act of the | ||||||
26 | 103rd General Assembly and the renewal of contracts that |
| |||||||
| |||||||
1 | are in effect on the effective date of this amendatory Act | ||||||
2 | of the 103rd General Assembly. | ||||||
3 | Notwithstanding any other provision of law, for contracts | ||||||
4 | with an annual value of more than $100,000 entered into on or | ||||||
5 | after October 1, 2017 under an exemption provided in any | ||||||
6 | paragraph of this subsection (b), except paragraph (1), (2), | ||||||
7 | or (5), each State agency shall post to the appropriate | ||||||
8 | procurement bulletin the name of the contractor, a description | ||||||
9 | of the supply or service provided, the total amount of the | ||||||
10 | contract, the term of the contract, and the exception to the | ||||||
11 | Code utilized. The chief procurement officer shall submit a | ||||||
12 | report to the Governor and General Assembly no later than | ||||||
13 | November 1 of each year that shall include, at a minimum, an | ||||||
14 | annual summary of the monthly information reported to the | ||||||
15 | chief procurement officer. | ||||||
16 | (c) This Code does not apply to the electric power | ||||||
17 | procurement process provided for under Section 1-75 of the | ||||||
18 | Illinois Power Agency Act and Section 16-111.5 of the Public | ||||||
19 | Utilities Act. | ||||||
20 | (d) Except for Section 20-160 and Article 50 of this Code, | ||||||
21 | and as expressly required by Section 9.1 of the Illinois | ||||||
22 | Lottery Law, the provisions of this Code do not apply to the | ||||||
23 | procurement process provided for under Section 9.1 of the | ||||||
24 | Illinois Lottery Law. | ||||||
25 | (e) This Code does not apply to the process used by the | ||||||
26 | Capital Development Board to retain a person or entity to |
| |||||||
| |||||||
1 | assist the Capital Development Board with its duties related | ||||||
2 | to the determination of costs of a clean coal SNG brownfield | ||||||
3 | facility, as defined by Section 1-10 of the Illinois Power | ||||||
4 | Agency Act, as required in subsection (h-3) of Section 9-220 | ||||||
5 | of the Public Utilities Act, including calculating the range | ||||||
6 | of capital costs, the range of operating and maintenance | ||||||
7 | costs, or the sequestration costs or monitoring the | ||||||
8 | construction of clean coal SNG brownfield facility for the | ||||||
9 | full duration of construction. | ||||||
10 | (f) (Blank). | ||||||
11 | (g) (Blank). | ||||||
12 | (h) This Code does not apply to the process to procure or | ||||||
13 | contracts entered into in accordance with Sections 11-5.2 and | ||||||
14 | 11-5.3 of the Illinois Public Aid Code. | ||||||
15 | (i) Each chief procurement officer may access records | ||||||
16 | necessary to review whether a contract, purchase, or other | ||||||
17 | expenditure is or is not subject to the provisions of this | ||||||
18 | Code, unless such records would be subject to attorney-client | ||||||
19 | privilege. | ||||||
20 | (j) This Code does not apply to the process used by the | ||||||
21 | Capital Development Board to retain an artist or work or works | ||||||
22 | of art as required in Section 14 of the Capital Development | ||||||
23 | Board Act. | ||||||
24 | (k) This Code does not apply to the process to procure | ||||||
25 | contracts, or contracts entered into, by the State Board of | ||||||
26 | Elections or the State Electoral Board for hearing officers |
| |||||||
| |||||||
1 | appointed pursuant to the Election Code. | ||||||
2 | (l) This Code does not apply to the processes used by the | ||||||
3 | Illinois Student Assistance Commission to procure supplies and | ||||||
4 | services paid for from the private funds of the Illinois | ||||||
5 | Prepaid Tuition Fund. As used in this subsection (l), "private | ||||||
6 | funds" means funds derived from deposits paid into the | ||||||
7 | Illinois Prepaid Tuition Trust Fund and the earnings thereon. | ||||||
8 | (m) This Code shall apply regardless of the source of | ||||||
9 | funds with which contracts are paid, including federal | ||||||
10 | assistance moneys. Except as specifically provided in this | ||||||
11 | Code, this Code shall not apply to procurement expenditures | ||||||
12 | necessary for the Department of Public Health to conduct the | ||||||
13 | Healthy Illinois Survey in accordance with Section 2310-431 of | ||||||
14 | the Department of Public Health Powers and Duties Law of the | ||||||
15 | Civil Administrative Code of Illinois. | ||||||
16 | (Source: P.A. 101-27, eff. 6-25-19; 101-81, eff. 7-12-19; | ||||||
17 | 101-363, eff. 8-9-19; 102-175, eff. 7-29-21; 102-483, eff | ||||||
18 | 1-1-22; 102-558, eff. 8-20-21; 102-600, eff. 8-27-21; 102-662, | ||||||
19 | eff. 9-15-21; 102-721, eff. 1-1-23; 102-813, eff. 5-13-22; | ||||||
20 | 102-1116, eff. 1-10-23.)
| ||||||
21 | (30 ILCS 500/10-10)
| ||||||
22 | Sec. 10-10. Independent State purchasing officers. | ||||||
23 | (a) The chief procurement officer shall
appoint and | ||||||
24 | determine the salary of a State purchasing officer for each | ||||||
25 | agency that the chief procurement officer is responsible for |
| |||||||
| |||||||
1 | under Section 1-15.15. A State purchasing officer shall be | ||||||
2 | located in the State agency that the officer serves but shall | ||||||
3 | report to his or her respective chief procurement officer. The | ||||||
4 | State purchasing officer shall have direct communication with | ||||||
5 | agency staff assigned to assist with any procurement process. | ||||||
6 | At the direction of his or her respective chief procurement | ||||||
7 | officer, a State purchasing officer shall have the authority | ||||||
8 | to (i) review any contract or contract amendment prior to | ||||||
9 | execution to ensure that applicable procurement and | ||||||
10 | contracting standards were followed and (ii) approve or reject | ||||||
11 | contracts for a purchasing agency. If the State purchasing | ||||||
12 | officer provides written approval of the contract, the head of | ||||||
13 | the applicable State agency shall have the authority to sign | ||||||
14 | and enter into that contract. All actions of a State | ||||||
15 | purchasing officer are subject to review by a chief | ||||||
16 | procurement officer in accordance with procedures and policies | ||||||
17 | established by the chief procurement officer. | ||||||
18 | (a-5) A State purchasing officer may (i) attend any | ||||||
19 | procurement meetings; (ii) access any records or files related | ||||||
20 | to procurement; (iii) submit reports to the chief procurement | ||||||
21 | officer on procurement issues; (iv) ensure the State agency is | ||||||
22 | maintaining appropriate records; and (v) ensure transparency | ||||||
23 | of the procurement process. | ||||||
24 | (a-10) If a State purchasing officer is aware of | ||||||
25 | misconduct, waste, or inefficiency with respect to State | ||||||
26 | procurement, the State purchasing officer shall advise the |
| |||||||
| |||||||
1 | State agency of the issue in writing. If the State agency does | ||||||
2 | not correct the issue, the State purchasing officer shall | ||||||
3 | report the problem, in writing, to the chief procurement | ||||||
4 | officer and appropriate Inspector General. | ||||||
5 | (b) In addition to any other requirement or qualification | ||||||
6 | required by State law, within 30 months after appointment, a | ||||||
7 | State purchasing officer must be a Certified Professional | ||||||
8 | Public Buyer or a Certified Public Purchasing Officer, | ||||||
9 | pursuant to certification by the Universal Public Purchasing | ||||||
10 | Certification Council or the Institute for Supply Management. | ||||||
11 | A State purchasing officer shall serve a term of 5 years | ||||||
12 | beginning on the date of the officer's appointment. A State | ||||||
13 | purchasing officer shall have an office located in the State | ||||||
14 | agency that the officer serves but shall report to the chief | ||||||
15 | procurement officer. A State purchasing officer may be removed | ||||||
16 | by a chief procurement officer for cause after a hearing by the | ||||||
17 | Executive Ethics Commission. The chief procurement officer or | ||||||
18 | executive officer of the State agency housing the State | ||||||
19 | purchasing officer may institute a complaint against the State | ||||||
20 | purchasing officer by filing such a complaint with the | ||||||
21 | Commission and the Commission shall have a public hearing | ||||||
22 | based on the complaint. The State purchasing officer, chief | ||||||
23 | procurement officer, and executive officer of the State agency | ||||||
24 | shall receive notice of the hearing and shall be permitted to | ||||||
25 | present their respective arguments on the complaint. After the | ||||||
26 | hearing, the Commission shall make a non-binding |
| |||||||
| |||||||
1 | recommendation on whether the State purchasing officer shall | ||||||
2 | be removed. The salary of a State purchasing officer shall be | ||||||
3 | established by the chief procurement officer and may not be | ||||||
4 | diminished during the officer's term. In the absence of an | ||||||
5 | appointed State purchasing
officer, the applicable
chief | ||||||
6 | procurement officer shall exercise the procurement authority | ||||||
7 | created by
this Code and may appoint a temporary acting State | ||||||
8 | purchasing officer.
| ||||||
9 | (c) Each State purchasing officer owes a fiduciary duty to | ||||||
10 | the State. | ||||||
11 | (Source: P.A. 100-43, eff. 8-9-17.)
| ||||||
12 | (30 ILCS 500/10-20) | ||||||
13 | Sec. 10-20. Independent chief procurement officers. | ||||||
14 | (a) Appointment. Within 60 calendar days after the | ||||||
15 | effective date of this amendatory Act of the 96th General | ||||||
16 | Assembly, the Executive Ethics Commission, with the advice and | ||||||
17 | consent of the Senate shall appoint or approve 4 chief | ||||||
18 | procurement officers, one for each of the following | ||||||
19 | categories: | ||||||
20 | (1) for procurements for construction and | ||||||
21 | construction-related services committed by law to the | ||||||
22 | jurisdiction or responsibility of the Capital Development | ||||||
23 | Board; | ||||||
24 | (2) for procurements for all construction, | ||||||
25 | construction-related services, operation of any facility, |
| |||||||
| |||||||
1 | and the provision of any service or activity committed by | ||||||
2 | law to the jurisdiction or responsibility of the Illinois | ||||||
3 | Department of Transportation, including the direct or | ||||||
4 | reimbursable expenditure of all federal funds for which | ||||||
5 | the Department of Transportation is responsible or | ||||||
6 | accountable for the use thereof in accordance with federal | ||||||
7 | law, regulation, or procedure, the chief procurement | ||||||
8 | officer recommended for approval under this item appointed | ||||||
9 | by the Secretary of Transportation after consent by the | ||||||
10 | Executive Ethics Commission; | ||||||
11 | (3) for all procurements made by a public institution | ||||||
12 | of higher education; and | ||||||
13 | (4) for all other procurement needs of State agencies. | ||||||
14 | For fiscal year 2024, the Executive Ethics Commission | ||||||
15 | shall set aside from its appropriation those amounts necessary | ||||||
16 | for the use of the 4 chief procurement officers for the | ||||||
17 | ordinary and contingent expenses of their respective | ||||||
18 | procurement offices. From the amounts set aside by the | ||||||
19 | Commission, each chief procurement officer shall control the | ||||||
20 | internal operations of his or her procurement office and shall | ||||||
21 | procure the necessary equipment, materials, and services to | ||||||
22 | perform the duties of that office, including hiring necessary | ||||||
23 | procurement personnel, legal advisors and other employees, and | ||||||
24 | may establish, in the exercise of the chief procurement | ||||||
25 | officer's discretion, the compensation of the office's | ||||||
26 | employees, which includes the State purchasing officers and |
| |||||||
| |||||||
1 | any legal advisors. The Executive Ethics Commission shall have | ||||||
2 | no control over the employees of the chief procurement | ||||||
3 | officers. The Executive Ethics Commission shall provide | ||||||
4 | administrative support services, including payroll, for each | ||||||
5 | procurement office. A chief procurement officer shall be | ||||||
6 | responsible to the Executive Ethics Commission but must be | ||||||
7 | located within the agency that the officer provides with | ||||||
8 | procurement services. The chief procurement officer for higher | ||||||
9 | education shall have an office located within the Board of | ||||||
10 | Higher Education, unless otherwise designated by the Executive | ||||||
11 | Ethics Commission. The chief procurement officer for all other | ||||||
12 | procurement needs of the State shall have an office located | ||||||
13 | within the Department of Central Management Services, unless | ||||||
14 | otherwise designated by the Executive Ethics Commission. | ||||||
15 | (b) Terms and independence. Each chief procurement officer | ||||||
16 | appointed under this Section shall serve for a term of 5 years | ||||||
17 | beginning on the date of the officer's appointment. The chief | ||||||
18 | procurement officer may be removed for cause after a hearing | ||||||
19 | by the Executive Ethics Commission. The Governor or the | ||||||
20 | director of a State agency directly responsible to the | ||||||
21 | Governor may institute a complaint against the officer by | ||||||
22 | filing such complaint with the Commission. The Commission | ||||||
23 | shall have a hearing based on the complaint. The officer and | ||||||
24 | the complainant shall receive reasonable notice of the hearing | ||||||
25 | and shall be permitted to present their respective arguments | ||||||
26 | on the complaint. After the hearing, the Commission shall make |
| |||||||
| |||||||
1 | a finding on the complaint and may take disciplinary action, | ||||||
2 | including but not limited to removal of the officer. | ||||||
3 | The salary of a chief procurement officer shall be | ||||||
4 | established by the Executive Ethics Commission and may not be | ||||||
5 | diminished during the officer's term. The salary may not | ||||||
6 | exceed the salary of the director of a State agency for which | ||||||
7 | the officer serves as chief procurement officer. | ||||||
8 | (c) Qualifications. In addition to any other requirement | ||||||
9 | or qualification required by State law, each chief procurement | ||||||
10 | officer must within 12 months of employment be a Certified | ||||||
11 | Professional Public Buyer or a Certified Public Purchasing | ||||||
12 | Officer, pursuant to certification by the Universal Public | ||||||
13 | Purchasing Certification Council, and must reside in Illinois. | ||||||
14 | (d) Fiduciary duty. Each chief procurement officer owes a | ||||||
15 | fiduciary duty to the State. | ||||||
16 | (e) Vacancy. In case of a vacancy in one or more of the | ||||||
17 | offices of a chief procurement officer under this Section | ||||||
18 | during the recess of the Senate, the Executive Ethics | ||||||
19 | Commission shall make a temporary appointment until the next | ||||||
20 | meeting of the Senate, when the Executive Ethics Commission | ||||||
21 | shall nominate some person to fill the office, and any person | ||||||
22 | so nominated who is confirmed by the Senate shall hold office | ||||||
23 | during the remainder of the term and until his or her successor | ||||||
24 | is appointed and qualified. If the Senate is not in session at | ||||||
25 | the time this amendatory Act of the 96th General Assembly | ||||||
26 | takes effect, the Executive Ethics Commission shall make a |
| |||||||
| |||||||
1 | temporary appointment as in the case of a vacancy. | ||||||
2 | (f) (Blank). | ||||||
3 | (g) (Blank). | ||||||
4 | (Source: P.A. 98-1076, eff. 1-1-15 .) | ||||||
5 | Section 5-65. The Illinois Works Jobs Program Act is | ||||||
6 | amended by changing Section 20-15 as follows: | ||||||
7 | (30 ILCS 559/20-15)
| ||||||
8 | Sec. 20-15. Illinois Works Preapprenticeship Program; | ||||||
9 | Illinois Works Bid Credit Program. | ||||||
10 | (a) The Illinois Works Preapprenticeship Program is | ||||||
11 | established and shall be administered by the Department. The | ||||||
12 | goal of the Illinois Works Preapprenticeship Program is to | ||||||
13 | create a network of community-based organizations throughout | ||||||
14 | the State that will recruit, prescreen, and provide | ||||||
15 | preapprenticeship skills training, for which participants may | ||||||
16 | attend free of charge and receive a stipend, to create a | ||||||
17 | qualified, diverse pipeline of workers who are prepared for | ||||||
18 | careers in the construction and building trades. Upon | ||||||
19 | completion of the Illinois Works Preapprenticeship Program, | ||||||
20 | the candidates will be skilled and work-ready. | ||||||
21 | (b) There is created the Illinois Works Fund, a special | ||||||
22 | fund in the State treasury. The Illinois Works Fund shall be | ||||||
23 | administered by the Department. The Illinois Works Fund shall | ||||||
24 | be used to provide funding for community-based organizations |
| |||||||
| |||||||
1 | throughout the State. In addition to any other transfers that | ||||||
2 | may be provided for by law, on and after July 1, 2019 at the | ||||||
3 | direction of the Director of the Governor's Office of | ||||||
4 | Management and Budget, the State Comptroller shall direct and | ||||||
5 | the State Treasurer shall transfer amounts not exceeding a | ||||||
6 | total of $50,000,000 $25,000,000 from the Rebuild Illinois | ||||||
7 | Projects Fund to the Illinois Works Fund. | ||||||
8 | (c) Each community-based organization that receives | ||||||
9 | funding from the Illinois Works Fund shall provide an annual | ||||||
10 | report to the Illinois Works Review Panel by April 1 of each | ||||||
11 | calendar year. The annual report shall include the following | ||||||
12 | information: | ||||||
13 | (1) a description of the community-based | ||||||
14 | organization's recruitment, screening, and training | ||||||
15 | efforts; | ||||||
16 | (2) the number of individuals who apply to, | ||||||
17 | participate in, and complete the community-based | ||||||
18 | organization's program, broken down by race, gender, age, | ||||||
19 | and veteran status; and | ||||||
20 | (3) the number of the individuals referenced in item (2) | ||||||
21 | of this subsection who are initially accepted and placed | ||||||
22 | into apprenticeship programs in the construction and | ||||||
23 | building trades. | ||||||
24 | (d) The Department shall create and administer the | ||||||
25 | Illinois Works Bid Credit Program that shall provide economic | ||||||
26 | incentives, through bid credits, to encourage contractors and |
| |||||||
| |||||||
1 | subcontractors to provide contracting and employment | ||||||
2 | opportunities to historically underrepresented populations in | ||||||
3 | the construction industry. | ||||||
4 | The Illinois Works Bid Credit Program shall allow | ||||||
5 | contractors and subcontractors to earn bid credits for use | ||||||
6 | toward future bids for public works projects contracted by the | ||||||
7 | State or an agency of the State in order to increase the | ||||||
8 | chances that the contractor and the subcontractors will be | ||||||
9 | selected. | ||||||
10 | Contractors or subcontractors may be eligible for bid | ||||||
11 | credits for employing apprentices who have completed the | ||||||
12 | Illinois Works Preapprenticeship Program on public works | ||||||
13 | projects contracted by the State or any agency of the State. | ||||||
14 | Contractors or subcontractors shall earn bid credits at a rate | ||||||
15 | established by the Department and based on labor hours worked | ||||||
16 | on State-contracted public works projects by apprentices who | ||||||
17 | have completed the Illinois Works Preapprenticeship Program. | ||||||
18 | The Department shall establish the rate by rule and shall | ||||||
19 | publish it on the Department's website. The rule may include | ||||||
20 | maximum bid credits allowed per contractor, per subcontractor, | ||||||
21 | per apprentice, per bid, or per year. | ||||||
22 | The Illinois Works Credit Bank is hereby created and shall | ||||||
23 | be administered by the Department. The Illinois Works Credit | ||||||
24 | Bank shall track the bid credits. | ||||||
25 | A contractor or subcontractor who has been awarded bid | ||||||
26 | credits under any other State program for employing |
| |||||||
| |||||||
1 | apprentices who have completed the Illinois Works | ||||||
2 | Preapprenticeship Program is not eligible to receive bid | ||||||
3 | credits under the Illinois Works Bid Credit Program relating | ||||||
4 | to the same contract. | ||||||
5 | The Department shall report to the Illinois Works Review | ||||||
6 | Panel the following: (i) the number of bid credits awarded by | ||||||
7 | the Department; (ii) the number of bid credits submitted by | ||||||
8 | the contractor or subcontractor to the agency administering | ||||||
9 | the public works contract; and (iii) the number of bid credits | ||||||
10 | accepted by the agency for such contract. Any agency that | ||||||
11 | awards bid credits pursuant to the Illinois Works Credit Bank | ||||||
12 | Program shall report to the Department the number of bid | ||||||
13 | credits it accepted for the public works contract. | ||||||
14 | Upon a finding that a contractor or subcontractor has | ||||||
15 | reported falsified records to the Department in order to | ||||||
16 | fraudulently obtain bid credits, the Department may bar the | ||||||
17 | contractor or subcontractor from participating in the Illinois | ||||||
18 | Works Bid Credit Program and may suspend the contractor or | ||||||
19 | subcontractor from bidding on or participating in any public | ||||||
20 | works project. False or fraudulent claims for payment relating | ||||||
21 | to false bid credits may be subject to damages and penalties | ||||||
22 | under applicable law. | ||||||
23 | (e) The Department shall adopt any rules deemed necessary | ||||||
24 | to implement this Section. In order to provide for the | ||||||
25 | expeditious and timely implementation of this Act, the | ||||||
26 | Department may adopt emergency rules. The adoption of |
| |||||||
| |||||||
1 | emergency rules authorized by this subsection is deemed to be | ||||||
2 | necessary for the public interest, safety, and welfare.
| ||||||
3 | (Source: P.A. 101-31, eff. 6-28-19; 101-601, eff. 12-10-19.) | ||||||
4 | Section 5-70. The Private Colleges and Universities | ||||||
5 | Capital Distribution Formula Act is amended by changing | ||||||
6 | Section 25-15 as follows: | ||||||
7 | (30 ILCS 769/25-15) | ||||||
8 | Sec. 25-15. Transfer of funds to another independent | ||||||
9 | college. | ||||||
10 | (a) If an institution received a grant under this Article | ||||||
11 | and subsequently fails to meet the definition of "independent | ||||||
12 | college", the remaining funds shall be re-distributed as | ||||||
13 | provided in Section 25-10 to those institutions that have an | ||||||
14 | active grant under this Article , unless the campus or | ||||||
15 | facilities for which the grant was given are subsequently | ||||||
16 | operated by another institution that qualifies as an | ||||||
17 | independent college under this Article. | ||||||
18 | (b) If the facilities of a former independent college are | ||||||
19 | operated by another entity that qualifies as an independent | ||||||
20 | college as provided in subsection (a) of this Section, then | ||||||
21 | the entire balance of the grant provided under this Article | ||||||
22 | remaining on the date the former independent college ceased | ||||||
23 | operations, including any amount that had been withheld after | ||||||
24 | the former independent college ceased operations, shall be |
| |||||||
| |||||||
1 | transferred to the successor independent college for the | ||||||
2 | purpose of the grant operating those facilities for the | ||||||
3 | duration of the grant. | ||||||
4 | (c) In the event that, on or before July 16, 2014 ( the | ||||||
5 | effective date of Public Act 98-715) this amendatory Act of | ||||||
6 | the 98th General Assembly , the remaining funds have been | ||||||
7 | re-allocated or re-distributed to other independent colleges, | ||||||
8 | or the Illinois Board of Higher Education has planned for the | ||||||
9 | remaining funds to be re-allocated or re-distributed to other | ||||||
10 | independent colleges, before the 5-year period provided under | ||||||
11 | this Act for the utilization of funds has ended, any funds so | ||||||
12 | re-allocated or re-distributed shall be deducted from future | ||||||
13 | allocations to those other independent colleges and | ||||||
14 | re-allocated or re-distributed to the initial institution or | ||||||
15 | the successor entity operating the facilities of the original | ||||||
16 | institution if: (i) the institution that failed to meet the | ||||||
17 | definition of "independent college" once again meets the | ||||||
18 | definition of "independent college" before the 5-year period | ||||||
19 | has expired; or (ii) the facility or facilities of the former | ||||||
20 | independent college are operated by another entity that | ||||||
21 | qualifies as an independent college before the 5-year period | ||||||
22 | has expired.
| ||||||
23 | (d) Notwithstanding subsection (a) of this Section, on or | ||||||
24 | after the effective date of this amendatory Act of the 103rd | ||||||
25 | General Assembly, remaining funds returned to the State by an | ||||||
26 | institution that failed to meet the definition of "independent |
| |||||||
| |||||||
1 | college" and that received a grant from appropriations enacted | ||||||
2 | prior to June 28, 2019, shall not be re-distributed. Any such | ||||||
3 | funds shall instead be added to the funds made available in the | ||||||
4 | first grant cycle under subsection (d) of Section 25-10 by the | ||||||
5 | Board of Higher Education following the effective date of this | ||||||
6 | amendatory Act of the 103rd General Assembly and shall be | ||||||
7 | distributed pursuant to the formula as provided in subsection | ||||||
8 | (d) of Section 25-10. | ||||||
9 | (Source: P.A. 101-10, eff. 6-5-19.) | ||||||
10 | Section 5-75. The Illinois Income Tax Act is amended by | ||||||
11 | changing Section 901 as follows:
| ||||||
12 | (35 ILCS 5/901)
| ||||||
13 | Sec. 901. Collection authority. | ||||||
14 | (a) In general. The Department shall collect the taxes | ||||||
15 | imposed by this Act. The Department
shall collect certified | ||||||
16 | past due child support amounts under Section 2505-650
of the | ||||||
17 | Department of Revenue Law of the
Civil Administrative Code of | ||||||
18 | Illinois. Except as
provided in subsections (b), (c), (e), | ||||||
19 | (f), (g), and (h) of this Section, money collected
pursuant to | ||||||
20 | subsections (a) and (b) of Section 201 of this Act shall be
| ||||||
21 | paid into the General Revenue Fund in the State treasury; | ||||||
22 | money
collected pursuant to subsections (c) and (d) of Section | ||||||
23 | 201 of this Act
shall be paid into the Personal Property Tax | ||||||
24 | Replacement Fund, a special
fund in the State Treasury; and |
| |||||||
| |||||||
1 | money collected under Section 2505-650 of the
Department of | ||||||
2 | Revenue Law of the
Civil Administrative Code of Illinois shall | ||||||
3 | be paid
into the
Child Support Enforcement Trust Fund, a | ||||||
4 | special fund outside the State
Treasury, or
to the State
| ||||||
5 | Disbursement Unit established under Section 10-26 of the | ||||||
6 | Illinois Public Aid
Code, as directed by the Department of | ||||||
7 | Healthcare and Family Services. | ||||||
8 | (b) Local Government Distributive Fund. Beginning August | ||||||
9 | 1, 2017 and continuing through July 31, 2022, the Treasurer | ||||||
10 | shall transfer each month from the General Revenue Fund to the | ||||||
11 | Local Government Distributive Fund an amount equal to the sum | ||||||
12 | of: (i) 6.06% (10% of the ratio of the 3% individual income tax | ||||||
13 | rate prior to 2011 to the 4.95% individual income tax rate | ||||||
14 | after July 1, 2017) of the net revenue realized from the tax | ||||||
15 | imposed by subsections (a) and (b) of Section 201 of this Act | ||||||
16 | upon individuals, trusts, and estates during the preceding | ||||||
17 | month; (ii) 6.85% (10% of the ratio of the 4.8% corporate | ||||||
18 | income tax rate prior to 2011 to the 7% corporate income tax | ||||||
19 | rate after July 1, 2017) of the net revenue realized from the | ||||||
20 | tax imposed by subsections (a) and (b) of Section 201 of this | ||||||
21 | Act upon corporations during the preceding month; and (iii) | ||||||
22 | beginning February 1, 2022, 6.06% of the net revenue realized | ||||||
23 | from the tax imposed by subsection (p) of Section 201 of this | ||||||
24 | Act upon electing pass-through entities. Beginning August 1, | ||||||
25 | 2022 and continuing through July 31, 2023 , the Treasurer shall | ||||||
26 | transfer each month from the General Revenue Fund to the Local |
| |||||||
| |||||||
1 | Government Distributive Fund an amount equal to the sum of: | ||||||
2 | (i) 6.16% of the net revenue realized from the tax imposed by | ||||||
3 | subsections (a) and (b) of Section 201 of this Act upon | ||||||
4 | individuals, trusts, and estates during the preceding month; | ||||||
5 | (ii) 6.85% of the net revenue realized from the tax imposed by | ||||||
6 | subsections (a) and (b) of Section 201 of this Act upon | ||||||
7 | corporations during the preceding month; and (iii) 6.16% of | ||||||
8 | the net revenue realized from the tax imposed by subsection | ||||||
9 | (p) of Section 201 of this Act upon electing pass-through | ||||||
10 | entities. Beginning August 1, 2023, the Treasurer shall | ||||||
11 | transfer each month from the General Revenue Fund to the Local | ||||||
12 | Government Distributive Fund an amount equal to the sum of: | ||||||
13 | (i) 6.47% of the net revenue realized from the tax imposed by | ||||||
14 | subsections (a) and (b) of Section 201 of this Act upon | ||||||
15 | individuals, trusts, and estates during the preceding month; | ||||||
16 | (ii) 6.85% of the net revenue realized from the tax imposed by | ||||||
17 | subsections (a) and (b) of Section 201 of this Act upon | ||||||
18 | corporations during the preceding month; and (iii) 6.47% of | ||||||
19 | the net revenue realized from the tax imposed by subsection | ||||||
20 | (p) of Section 201 of this Act upon electing pass-through | ||||||
21 | entities. Net revenue realized for a month shall be defined as | ||||||
22 | the
revenue from the tax imposed by subsections (a) and (b) of | ||||||
23 | Section 201 of this
Act which is deposited into in the General | ||||||
24 | Revenue Fund, the Education Assistance
Fund, the Income Tax | ||||||
25 | Surcharge Local Government Distributive Fund, the Fund for the | ||||||
26 | Advancement of Education, and the Commitment to Human Services |
| |||||||
| |||||||
1 | Fund during the
month minus the amount paid out of the General | ||||||
2 | Revenue Fund in State warrants
during that same month as | ||||||
3 | refunds to taxpayers for overpayment of liability
under the | ||||||
4 | tax imposed by subsections (a) and (b) of Section 201 of this | ||||||
5 | Act. | ||||||
6 | Notwithstanding any provision of law to the contrary, | ||||||
7 | beginning on July 6, 2017 (the effective date of Public Act | ||||||
8 | 100-23), those amounts required under this subsection (b) to | ||||||
9 | be transferred by the Treasurer into the Local Government | ||||||
10 | Distributive Fund from the General Revenue Fund shall be | ||||||
11 | directly deposited into the Local Government Distributive Fund | ||||||
12 | as the revenue is realized from the tax imposed by subsections | ||||||
13 | (a) and (b) of Section 201 of this Act. | ||||||
14 | (c) Deposits Into Income Tax Refund Fund. | ||||||
15 | (1) Beginning on January 1, 1989 and thereafter, the | ||||||
16 | Department shall
deposit a percentage of the amounts | ||||||
17 | collected pursuant to subsections (a)
and (b)(1), (2), and | ||||||
18 | (3) of Section 201 of this Act into a fund in the State
| ||||||
19 | treasury known as the Income Tax Refund Fund. Beginning | ||||||
20 | with State fiscal year 1990 and for each fiscal year
| ||||||
21 | thereafter, the percentage deposited into the Income Tax | ||||||
22 | Refund Fund during a
fiscal year shall be the Annual | ||||||
23 | Percentage. For fiscal year 2011, the Annual Percentage | ||||||
24 | shall be 8.75%. For fiscal year 2012, the Annual | ||||||
25 | Percentage shall be 8.75%. For fiscal year 2013, the | ||||||
26 | Annual Percentage shall be 9.75%. For fiscal year 2014, |
| |||||||
| |||||||
1 | the Annual Percentage shall be 9.5%. For fiscal year 2015, | ||||||
2 | the Annual Percentage shall be 10%. For fiscal year 2018, | ||||||
3 | the Annual Percentage shall be 9.8%. For fiscal year 2019, | ||||||
4 | the Annual Percentage shall be 9.7%. For fiscal year 2020, | ||||||
5 | the Annual Percentage shall be 9.5%. For fiscal year 2021, | ||||||
6 | the Annual Percentage shall be 9%. For fiscal year 2022, | ||||||
7 | the Annual Percentage shall be 9.25%. For fiscal year | ||||||
8 | 2023, the Annual Percentage shall be 9.25%. For fiscal | ||||||
9 | year 2024, the Annual Percentage shall be 9.15%. For all | ||||||
10 | other
fiscal years, the
Annual Percentage shall be | ||||||
11 | calculated as a fraction, the numerator of which
shall be | ||||||
12 | the amount of refunds approved for payment by the | ||||||
13 | Department during
the preceding fiscal year as a result of | ||||||
14 | overpayment of tax liability under
subsections (a) and | ||||||
15 | (b)(1), (2), and (3) of Section 201 of this Act plus the
| ||||||
16 | amount of such refunds remaining approved but unpaid at | ||||||
17 | the end of the
preceding fiscal year, minus the amounts | ||||||
18 | transferred into the Income Tax
Refund Fund from the | ||||||
19 | Tobacco Settlement Recovery Fund, and
the denominator of | ||||||
20 | which shall be the amounts which will be collected | ||||||
21 | pursuant
to subsections (a) and (b)(1), (2), and (3) of | ||||||
22 | Section 201 of this Act during
the preceding fiscal year; | ||||||
23 | except that in State fiscal year 2002, the Annual
| ||||||
24 | Percentage shall in no event exceed 7.6%. The Director of | ||||||
25 | Revenue shall
certify the Annual Percentage to the | ||||||
26 | Comptroller on the last business day of
the fiscal year |
| |||||||
| |||||||
1 | immediately preceding the fiscal year for which it is to | ||||||
2 | be
effective. | ||||||
3 | (2) Beginning on January 1, 1989 and thereafter, the | ||||||
4 | Department shall
deposit a percentage of the amounts | ||||||
5 | collected pursuant to subsections (a)
and (b)(6), (7), and | ||||||
6 | (8), (c) and (d) of Section 201
of this Act into a fund in | ||||||
7 | the State treasury known as the Income Tax
Refund Fund. | ||||||
8 | Beginning
with State fiscal year 1990 and for each fiscal | ||||||
9 | year thereafter, the
percentage deposited into the Income | ||||||
10 | Tax Refund Fund during a fiscal year
shall be the Annual | ||||||
11 | Percentage. For fiscal year 2011, the Annual Percentage | ||||||
12 | shall be 17.5%. For fiscal year 2012, the Annual | ||||||
13 | Percentage shall be 17.5%. For fiscal year 2013, the | ||||||
14 | Annual Percentage shall be 14%. For fiscal year 2014, the | ||||||
15 | Annual Percentage shall be 13.4%. For fiscal year 2015, | ||||||
16 | the Annual Percentage shall be 14%. For fiscal year 2018, | ||||||
17 | the Annual Percentage shall be 17.5%. For fiscal year | ||||||
18 | 2019, the Annual Percentage shall be 15.5%. For fiscal | ||||||
19 | year 2020, the Annual Percentage shall be 14.25%. For | ||||||
20 | fiscal year 2021, the Annual Percentage shall be 14%. For | ||||||
21 | fiscal year 2022, the Annual Percentage shall be 15%. For | ||||||
22 | fiscal year 2023, the Annual Percentage shall be 14.5%. | ||||||
23 | For fiscal year 2024, the Annual Percentage shall be 14%. | ||||||
24 | For all other fiscal years, the Annual
Percentage shall be | ||||||
25 | calculated
as a fraction, the numerator of which shall be | ||||||
26 | the amount of refunds
approved for payment by the |
| |||||||
| |||||||
1 | Department during the preceding fiscal year as
a result of | ||||||
2 | overpayment of tax liability under subsections (a) and | ||||||
3 | (b)(6),
(7), and (8), (c) and (d) of Section 201 of this | ||||||
4 | Act plus the
amount of such refunds remaining approved but | ||||||
5 | unpaid at the end of the
preceding fiscal year, and the | ||||||
6 | denominator of
which shall be the amounts which will be | ||||||
7 | collected pursuant to subsections (a)
and (b)(6), (7), and | ||||||
8 | (8), (c) and (d) of Section 201 of this Act during the
| ||||||
9 | preceding fiscal year; except that in State fiscal year | ||||||
10 | 2002, the Annual
Percentage shall in no event exceed 23%. | ||||||
11 | The Director of Revenue shall
certify the Annual | ||||||
12 | Percentage to the Comptroller on the last business day of
| ||||||
13 | the fiscal year immediately preceding the fiscal year for | ||||||
14 | which it is to be
effective. | ||||||
15 | (3) The Comptroller shall order transferred and the | ||||||
16 | Treasurer shall
transfer from the Tobacco Settlement | ||||||
17 | Recovery Fund to the Income Tax Refund
Fund (i) | ||||||
18 | $35,000,000 in January, 2001, (ii) $35,000,000 in January, | ||||||
19 | 2002, and
(iii) $35,000,000 in January, 2003. | ||||||
20 | (d) Expenditures from Income Tax Refund Fund. | ||||||
21 | (1) Beginning January 1, 1989, money in the Income Tax | ||||||
22 | Refund Fund
shall be expended exclusively for the purpose | ||||||
23 | of paying refunds resulting
from overpayment of tax | ||||||
24 | liability under Section 201 of this Act
and for
making | ||||||
25 | transfers pursuant to this subsection (d), except that in | ||||||
26 | State fiscal years 2022 and 2023, moneys in the Income Tax |
| |||||||
| |||||||
1 | Refund Fund shall also be used to pay one-time rebate | ||||||
2 | payments as provided under Sections 208.5 and 212.1. | ||||||
3 | (2) The Director shall order payment of refunds | ||||||
4 | resulting from
overpayment of tax liability under Section | ||||||
5 | 201 of this Act from the
Income Tax Refund Fund only to the | ||||||
6 | extent that amounts collected pursuant
to Section 201 of | ||||||
7 | this Act and transfers pursuant to this subsection (d)
and | ||||||
8 | item (3) of subsection (c) have been deposited and | ||||||
9 | retained in the
Fund. | ||||||
10 | (3) As soon as possible after the end of each fiscal | ||||||
11 | year, the Director
shall
order transferred and the State | ||||||
12 | Treasurer and State Comptroller shall
transfer from the | ||||||
13 | Income Tax Refund Fund to the Personal Property Tax
| ||||||
14 | Replacement Fund an amount, certified by the Director to | ||||||
15 | the Comptroller,
equal to the excess of the amount | ||||||
16 | collected pursuant to subsections (c) and
(d) of Section | ||||||
17 | 201 of this Act deposited into the Income Tax Refund Fund
| ||||||
18 | during the fiscal year over the amount of refunds | ||||||
19 | resulting from
overpayment of tax liability under | ||||||
20 | subsections (c) and (d) of Section 201
of this Act paid | ||||||
21 | from the Income Tax Refund Fund during the fiscal year. | ||||||
22 | (4) As soon as possible after the end of each fiscal | ||||||
23 | year, the Director shall
order transferred and the State | ||||||
24 | Treasurer and State Comptroller shall
transfer from the | ||||||
25 | Personal Property Tax Replacement Fund to the Income Tax
| ||||||
26 | Refund Fund an amount, certified by the Director to the |
| |||||||
| |||||||
1 | Comptroller, equal
to the excess of the amount of refunds | ||||||
2 | resulting from overpayment of tax
liability under | ||||||
3 | subsections (c) and (d) of Section 201 of this Act paid
| ||||||
4 | from the Income Tax Refund Fund during the fiscal year | ||||||
5 | over the amount
collected pursuant to subsections (c) and | ||||||
6 | (d) of Section 201 of this Act
deposited into the Income | ||||||
7 | Tax Refund Fund during the fiscal year. | ||||||
8 | (4.5) As soon as possible after the end of fiscal year | ||||||
9 | 1999 and of each
fiscal year
thereafter, the Director | ||||||
10 | shall order transferred and the State Treasurer and
State | ||||||
11 | Comptroller shall transfer from the Income Tax Refund Fund | ||||||
12 | to the General
Revenue Fund any surplus remaining in the | ||||||
13 | Income Tax Refund Fund as of the end
of such fiscal year; | ||||||
14 | excluding for fiscal years 2000, 2001, and 2002
amounts | ||||||
15 | attributable to transfers under item (3) of subsection (c) | ||||||
16 | less refunds
resulting from the earned income tax credit, | ||||||
17 | and excluding for fiscal year 2022 amounts attributable to | ||||||
18 | transfers from the General Revenue Fund authorized by | ||||||
19 | Public Act 102-700 this amendatory Act of the 102nd | ||||||
20 | General Assembly . | ||||||
21 | (5) This Act shall constitute an irrevocable and | ||||||
22 | continuing
appropriation from the Income Tax Refund Fund | ||||||
23 | for the purposes of (i) paying
refunds upon the order of | ||||||
24 | the Director in accordance with the provisions of
this | ||||||
25 | Section and (ii) paying one-time rebate payments under | ||||||
26 | Sections 208.5 and 212.1. |
| |||||||
| |||||||
1 | (e) Deposits into the Education Assistance Fund and the | ||||||
2 | Income Tax
Surcharge Local Government Distributive Fund. On | ||||||
3 | July 1, 1991, and thereafter, of the amounts collected | ||||||
4 | pursuant to
subsections (a) and (b) of Section 201 of this Act, | ||||||
5 | minus deposits into the
Income Tax Refund Fund, the Department | ||||||
6 | shall deposit 7.3% into the
Education Assistance Fund in the | ||||||
7 | State Treasury. Beginning July 1, 1991,
and continuing through | ||||||
8 | January 31, 1993, of the amounts collected pursuant to
| ||||||
9 | subsections (a) and (b) of Section 201 of the Illinois Income | ||||||
10 | Tax Act, minus
deposits into the Income Tax Refund Fund, the | ||||||
11 | Department shall deposit 3.0%
into the Income Tax Surcharge | ||||||
12 | Local Government Distributive Fund in the State
Treasury. | ||||||
13 | Beginning February 1, 1993 and continuing through June 30, | ||||||
14 | 1993, of
the amounts collected pursuant to subsections (a) and | ||||||
15 | (b) of Section 201 of the
Illinois Income Tax Act, minus | ||||||
16 | deposits into the Income Tax Refund Fund, the
Department shall | ||||||
17 | deposit 4.4% into the Income Tax Surcharge Local Government
| ||||||
18 | Distributive Fund in the State Treasury. Beginning July 1, | ||||||
19 | 1993, and
continuing through June 30, 1994, of the amounts | ||||||
20 | collected under subsections
(a) and (b) of Section 201 of this | ||||||
21 | Act, minus deposits into the Income Tax
Refund Fund, the | ||||||
22 | Department shall deposit 1.475% into the Income Tax Surcharge
| ||||||
23 | Local Government Distributive Fund in the State Treasury. | ||||||
24 | (f) Deposits into the Fund for the Advancement of | ||||||
25 | Education. Beginning February 1, 2015, the Department shall | ||||||
26 | deposit the following portions of the revenue realized from |
| |||||||
| |||||||
1 | the tax imposed upon individuals, trusts, and estates by | ||||||
2 | subsections (a) and (b) of Section 201 of this Act, minus | ||||||
3 | deposits into the Income Tax Refund Fund, into the Fund for the | ||||||
4 | Advancement of Education: | ||||||
5 | (1) beginning February 1, 2015, and prior to February | ||||||
6 | 1, 2025, 1/30; and | ||||||
7 | (2) beginning February 1, 2025, 1/26. | ||||||
8 | If the rate of tax imposed by subsection (a) and (b) of | ||||||
9 | Section 201 is reduced pursuant to Section 201.5 of this Act, | ||||||
10 | the Department shall not make the deposits required by this | ||||||
11 | subsection (f) on or after the effective date of the | ||||||
12 | reduction. | ||||||
13 | (g) Deposits into the Commitment to Human Services Fund. | ||||||
14 | Beginning February 1, 2015, the Department shall deposit the | ||||||
15 | following portions of the revenue realized from the tax | ||||||
16 | imposed upon individuals, trusts, and estates by subsections | ||||||
17 | (a) and (b) of Section 201 of this Act, minus deposits into the | ||||||
18 | Income Tax Refund Fund, into the Commitment to Human Services | ||||||
19 | Fund: | ||||||
20 | (1) beginning February 1, 2015, and prior to February | ||||||
21 | 1, 2025, 1/30; and | ||||||
22 | (2) beginning February 1, 2025, 1/26. | ||||||
23 | If the rate of tax imposed by subsection (a) and (b) of | ||||||
24 | Section 201 is reduced pursuant to Section 201.5 of this Act, | ||||||
25 | the Department shall not make the deposits required by this | ||||||
26 | subsection (g) on or after the effective date of the |
| |||||||
| |||||||
1 | reduction. | ||||||
2 | (h) Deposits into the Tax Compliance and Administration | ||||||
3 | Fund. Beginning on the first day of the first calendar month to | ||||||
4 | occur on or after August 26, 2014 (the effective date of Public | ||||||
5 | Act 98-1098), each month the Department shall pay into the Tax | ||||||
6 | Compliance and Administration Fund, to be used, subject to | ||||||
7 | appropriation, to fund additional auditors and compliance | ||||||
8 | personnel at the Department, an amount equal to 1/12 of 5% of | ||||||
9 | the cash receipts collected during the preceding fiscal year | ||||||
10 | by the Audit Bureau of the Department from the tax imposed by | ||||||
11 | subsections (a), (b), (c), and (d) of Section 201 of this Act, | ||||||
12 | net of deposits into the Income Tax Refund Fund made from those | ||||||
13 | cash receipts. | ||||||
14 | (Source: P.A. 101-8, see Section 99 for effective date; | ||||||
15 | 101-10, eff. 6-5-19; 101-81, eff. 7-12-19; 101-636, eff. | ||||||
16 | 6-10-20; 102-16, eff. 6-17-21; 102-558, eff. 8-20-21; 102-658, | ||||||
17 | eff. 8-27-21; 102-699, eff. 4-19-22; 102-700, eff. 4-19-22; | ||||||
18 | 102-813, eff. 5-13-22; revised 8-2-22.)
| ||||||
19 | Section 5-80. The Hotel Operators' Occupation Tax Act is | ||||||
20 | amended by changing Section 6 as follows:
| ||||||
21 | (35 ILCS 145/6) (from Ch. 120, par. 481b.36)
| ||||||
22 | Sec. 6. Filing of returns and distribution of revenue | ||||||
23 | proceeds . Except as provided hereinafter in this Section, on | ||||||
24 | or before
the last day of each calendar month, every person |
| |||||||
| |||||||
1 | engaged in the
business of renting, leasing or letting rooms | ||||||
2 | in a hotel in this State
during the preceding calendar month | ||||||
3 | shall file a return with the
Department, stating:
| ||||||
4 | 1. The name of the operator;
| ||||||
5 | 2. His residence address and the address of his | ||||||
6 | principal place of
business and the address of the | ||||||
7 | principal place of business (if that is
a different | ||||||
8 | address) from which he engages in the business of renting,
| ||||||
9 | leasing or letting rooms in a hotel in this State;
| ||||||
10 | 3. Total amount of rental receipts received by him | ||||||
11 | during the
preceding calendar month from renting, leasing | ||||||
12 | or letting rooms during
such preceding calendar month;
| ||||||
13 | 4. Total amount of rental receipts received by him | ||||||
14 | during the
preceding calendar month from renting, leasing | ||||||
15 | or letting rooms to
permanent residents during such | ||||||
16 | preceding calendar month;
| ||||||
17 | 5. Total amount of other exclusions from gross rental | ||||||
18 | receipts
allowed by this Act;
| ||||||
19 | 6. Gross rental receipts which were received by him | ||||||
20 | during the
preceding calendar month and upon the basis of | ||||||
21 | which the tax is imposed;
| ||||||
22 | 7. The amount of tax due;
| ||||||
23 | 8. Such other reasonable information as the Department | ||||||
24 | may require.
| ||||||
25 | If the operator's average monthly tax liability to the | ||||||
26 | Department
does not exceed $200, the Department may authorize |
| |||||||
| |||||||
1 | his returns to be
filed on a quarter annual basis, with the | ||||||
2 | return for January, February
and March of a given year being | ||||||
3 | due by April 30 of such year; with the
return for April, May | ||||||
4 | and June of a given year being due by July 31 of
such year; | ||||||
5 | with the return for July, August and September of a given
year | ||||||
6 | being due by October 31 of such year, and with the return for
| ||||||
7 | October, November and December of a given year being due by | ||||||
8 | January 31
of the following year.
| ||||||
9 | If the operator's average monthly tax liability to the | ||||||
10 | Department
does not exceed $50, the Department may authorize | ||||||
11 | his returns to be
filed on an annual basis, with the return for | ||||||
12 | a given year being due by
January 31 of the following year.
| ||||||
13 | Such quarter annual and annual returns, as to form and | ||||||
14 | substance,
shall be subject to the same requirements as | ||||||
15 | monthly returns.
| ||||||
16 | Notwithstanding any other provision in this Act concerning | ||||||
17 | the time
within which an operator may file his return, in the | ||||||
18 | case of any
operator who ceases to engage in a kind of business | ||||||
19 | which makes him
responsible for filing returns under this Act, | ||||||
20 | such operator shall file
a final return under this Act with the | ||||||
21 | Department not more than 1 month
after discontinuing such | ||||||
22 | business.
| ||||||
23 | Where the same person has more than 1 business registered | ||||||
24 | with the
Department under separate registrations under this | ||||||
25 | Act, such person
shall not file each return that is due as a | ||||||
26 | single return covering all
such registered businesses, but |
| |||||||
| |||||||
1 | shall file separate returns for each
such registered business.
| ||||||
2 | In his return, the operator shall determine the value of | ||||||
3 | any
consideration other than money received by him in | ||||||
4 | connection with the
renting, leasing or letting of rooms in | ||||||
5 | the course of his business and
he shall include such value in | ||||||
6 | his return. Such determination shall be
subject to review and | ||||||
7 | revision by the Department in the manner
hereinafter provided | ||||||
8 | for the correction of returns.
| ||||||
9 | Where the operator is a corporation, the return filed on | ||||||
10 | behalf of
such corporation shall be signed by the president, | ||||||
11 | vice-president,
secretary or treasurer or by the properly | ||||||
12 | accredited agent of such
corporation.
| ||||||
13 | The person filing the return herein provided for shall, at | ||||||
14 | the time of
filing such return, pay to the Department the | ||||||
15 | amount of tax herein imposed.
The operator filing the return | ||||||
16 | under this Section shall, at the time of
filing such return, | ||||||
17 | pay to the Department the amount of tax imposed by this
Act | ||||||
18 | less a discount of 2.1% or $25 per calendar year, whichever is | ||||||
19 | greater,
which is allowed to reimburse the operator for the | ||||||
20 | expenses incurred in
keeping records, preparing and filing | ||||||
21 | returns, remitting the tax and
supplying data to the | ||||||
22 | Department on request.
| ||||||
23 | If any payment provided for in this Section exceeds the | ||||||
24 | operator's liabilities under this Act, as shown on an original | ||||||
25 | return, the Department may authorize the operator to credit | ||||||
26 | such excess payment against liability subsequently to be |
| |||||||
| |||||||
1 | remitted to the Department under this Act, in accordance with | ||||||
2 | reasonable rules adopted by the Department. If the Department | ||||||
3 | subsequently determines that all or any part of the credit | ||||||
4 | taken was not actually due to the operator, the operator's | ||||||
5 | discount shall be reduced by an amount equal to the difference | ||||||
6 | between the discount as applied to the credit taken and that | ||||||
7 | actually due, and that operator shall be liable for penalties | ||||||
8 | and interest on such difference. | ||||||
9 | There shall be deposited into in the Build Illinois Fund | ||||||
10 | in the State
Treasury for each State fiscal year 40% of the | ||||||
11 | amount of total
net revenue proceeds from the tax imposed by | ||||||
12 | subsection (a) of Section 3.
Of the remaining 60% : (i) , | ||||||
13 | $5,000,000 shall be deposited into in the Illinois
Sports | ||||||
14 | Facilities Fund and credited to the Subsidy Account each | ||||||
15 | fiscal
year by making monthly deposits in the amount of 1/8 of | ||||||
16 | $5,000,000 plus
cumulative deficiencies in such deposits for | ||||||
17 | prior months, and (ii) an amount equal to the then applicable | ||||||
18 | Advance Amount
additional $8,000,000 shall be deposited into | ||||||
19 | in the Illinois Sports Facilities
Fund and credited to the | ||||||
20 | Advance Account each fiscal year by making monthly
deposits in | ||||||
21 | the amount of 1/8 of the then applicable Advance Amount | ||||||
22 | $8,000,000 plus any cumulative deficiencies
in such deposits | ||||||
23 | for prior months ; provided, that for fiscal years ending
after | ||||||
24 | June 30, 2001, the amount to be so deposited into the Illinois
| ||||||
25 | Sports Facilities Fund and credited to the Advance Account | ||||||
26 | each fiscal year
shall be increased from $8,000,000 to the |
| |||||||
| |||||||
1 | then applicable Advance Amount and
the required monthly | ||||||
2 | deposits beginning with July 2001 shall be in the amount
of 1/8 | ||||||
3 | of the then applicable Advance Amount plus any cumulative | ||||||
4 | deficiencies
in those deposits for prior months . (The deposits | ||||||
5 | of the additional $8,000,000
or the then applicable Advance | ||||||
6 | Amount , as applicable,
during each fiscal year shall be | ||||||
7 | treated as advances
of funds to the Illinois Sports Facilities | ||||||
8 | Authority for its corporate
purposes to the extent paid to the | ||||||
9 | Authority or its trustee and shall be
repaid into the General | ||||||
10 | Revenue Fund in the State Treasury by the State
Treasurer on | ||||||
11 | behalf of the Authority pursuant to Section 19 of the Illinois
| ||||||
12 | Sports Facilities Authority Act, as amended. If in any fiscal | ||||||
13 | year the full
amount of the then applicable Advance Amount
is | ||||||
14 | not repaid into the General Revenue Fund, then the deficiency | ||||||
15 | shall be paid
from the amount in the Local Government | ||||||
16 | Distributive Fund that would otherwise
be allocated to the | ||||||
17 | City of Chicago under the State Revenue Sharing Act.)
| ||||||
18 | For purposes of the foregoing paragraph, the term "Advance | ||||||
19 | Amount"
means, for fiscal year 2002, $22,179,000, and for | ||||||
20 | subsequent fiscal years
through fiscal year 2033, 105.615% of | ||||||
21 | the Advance Amount for the immediately
preceding fiscal year, | ||||||
22 | rounded up to the nearest $1,000.
| ||||||
23 | Of the remaining 60% of the amount of total net proceeds | ||||||
24 | prior to August 1, 2011 from the tax
imposed by subsection (a) | ||||||
25 | of Section 3 after all required deposits in the
Illinois | ||||||
26 | Sports Facilities Fund, the amount equal to 8% of the net |
| |||||||
| |||||||
1 | revenue
realized from this Act plus an amount equal to
8% of | ||||||
2 | the net revenue realized from any tax imposed under Section | ||||||
3 | 4.05 of the
Chicago World's Fair-1992 Authority Act during the | ||||||
4 | preceding month shall be
deposited in the Local Tourism Fund | ||||||
5 | each month for purposes authorized by
Section 605-705 of the | ||||||
6 | Department of Commerce and Economic Opportunity Law (20 ILCS | ||||||
7 | 605/605-705). Of the remaining 60% of the amount of total net | ||||||
8 | revenue proceeds beginning on August 1, 2011 through June 30, | ||||||
9 | 2023, from the tax imposed by subsection (a) of Section 3 after | ||||||
10 | all required deposits into in the Illinois Sports Facilities | ||||||
11 | Fund, an amount equal to 8% of the net revenue realized from | ||||||
12 | this Act plus an amount equal to 8% of the net revenue realized | ||||||
13 | from any tax imposed under Section 4.05 of the Chicago World's | ||||||
14 | Fair-1992 Authority Act during the preceding month shall be | ||||||
15 | deposited as follows: 18% of such amount shall be deposited | ||||||
16 | into the Chicago Travel Industry Promotion Fund for the | ||||||
17 | purposes described in subsection (n) of Section 5 of the | ||||||
18 | Metropolitan Pier and Exposition Authority Act and the | ||||||
19 | remaining 82% of such amount shall be deposited into the Local | ||||||
20 | Tourism Fund each month for purposes authorized by Section | ||||||
21 | 605-705 of the Department of Commerce and Economic Opportunity | ||||||
22 | Law. Beginning on August 1, 1999 and ending on July 31, 2011, | ||||||
23 | an amount equal to 4.5% of the net revenue
realized from the | ||||||
24 | Hotel Operators' Occupation Tax Act during the preceding
month | ||||||
25 | shall be deposited into the International Tourism Fund for the | ||||||
26 | purposes
authorized in Section 605-707 of the Department of |
| |||||||
| |||||||
1 | Commerce
and Economic Opportunity Law. Beginning on August 1, | ||||||
2 | 2011 and through June 30, 2023 , an amount equal to 4.5% of the | ||||||
3 | net revenue realized from this Act during the preceding month | ||||||
4 | shall be deposited as follows: 55% of such amount shall be | ||||||
5 | deposited into the Chicago Travel Industry Promotion Fund for | ||||||
6 | the purposes described in subsection (n) of Section 5 of the | ||||||
7 | Metropolitan Pier and Exposition Authority Act and the | ||||||
8 | remaining 45% of such amount deposited into the International | ||||||
9 | Tourism Fund for the purposes authorized in Section 605-707 of | ||||||
10 | the Department of Commerce and Economic Opportunity Law. "Net
| ||||||
11 | revenue realized for a month " means the revenue collected by | ||||||
12 | the State under this
that Act during the previous month less | ||||||
13 | the amount paid out during that same
month as refunds to | ||||||
14 | taxpayers for overpayment of liability under this that Act.
| ||||||
15 | Beginning on July 1, 2023, of the remaining 60% of the | ||||||
16 | amount of total net revenue realized from the tax imposed | ||||||
17 | under subsection (a) of Section 3, after all required deposits | ||||||
18 | into the Illinois Sports Facilities Fund: | ||||||
19 | (1) an amount equal to 8% of the net revenue realized
| ||||||
20 | under this Act for the preceding month shall be deposited | ||||||
21 | as follows: 82% to the Local Tourism Fund and 18% to the | ||||||
22 | Chicago Travel Industry Promotion Fund; and | ||||||
23 | (2) an amount equal to 4.5% of the net revenue
| ||||||
24 | realized under this Act for the preceding month shall be | ||||||
25 | deposited as follows: 55% to the Chicago Travel Industry | ||||||
26 | Promotion Fund and 45% to the International Tourism Fund. |
| |||||||
| |||||||
1 | After making all these deposits, any remaining net revenue | ||||||
2 | realized from all other proceeds of the tax imposed under
| ||||||
3 | subsection (a) of Section 3 shall be deposited into in the | ||||||
4 | Tourism Promotion Fund in
the State Treasury. All moneys | ||||||
5 | received by the Department from the additional
tax imposed | ||||||
6 | under subsection (b) of Section 3 shall be deposited into the | ||||||
7 | Build
Illinois Fund in the State Treasury.
| ||||||
8 | The Department may, upon separate written notice to a | ||||||
9 | taxpayer, require
the taxpayer to prepare and file with the | ||||||
10 | Department on a form prescribed
by the Department within not | ||||||
11 | less than 60 days after receipt of the notice
an annual | ||||||
12 | information return for the tax year specified in the notice.
| ||||||
13 | Such annual return to the Department shall include a statement | ||||||
14 | of gross
receipts as shown by the operator's last State income | ||||||
15 | tax return. If the
total receipts of the business as reported | ||||||
16 | in the State income tax return
do not agree with the gross | ||||||
17 | receipts reported to the Department for the
same period, the | ||||||
18 | operator shall attach to his annual information return a
| ||||||
19 | schedule showing a reconciliation of the 2 amounts and the | ||||||
20 | reasons for the
difference. The operator's annual information | ||||||
21 | return to the Department
shall also disclose payroll pay roll | ||||||
22 | information of the operator's business during
the year covered | ||||||
23 | by such return and any additional reasonable information
which | ||||||
24 | the Department deems would be helpful in determining the | ||||||
25 | accuracy of
the monthly, quarterly or annual tax returns by | ||||||
26 | such operator as
hereinbefore provided for in this Section.
|
| |||||||
| |||||||
1 | If the annual information return required by this Section | ||||||
2 | is not filed
when and as required the taxpayer shall be liable | ||||||
3 | for a penalty in an
amount determined in accordance with | ||||||
4 | Section 3-4 of the Uniform Penalty and
Interest Act until such | ||||||
5 | return is filed as required, the penalty to be
assessed and | ||||||
6 | collected in the same manner as any other penalty provided
for | ||||||
7 | in this Act.
| ||||||
8 | The chief executive officer, proprietor, owner or highest | ||||||
9 | ranking manager
shall sign the annual return to certify the | ||||||
10 | accuracy of the information
contained therein. Any person who | ||||||
11 | willfully signs the annual return containing
false or | ||||||
12 | inaccurate information shall be guilty of perjury and punished
| ||||||
13 | accordingly. The annual return form prescribed by the | ||||||
14 | Department shall
include a warning that the person signing the | ||||||
15 | return may be liable for perjury.
| ||||||
16 | The foregoing portion of this Section concerning the | ||||||
17 | filing of an annual
information return shall not apply to an | ||||||
18 | operator who is not required to
file an income tax return with | ||||||
19 | the United States Government.
| ||||||
20 | (Source: P.A. 102-16, eff. 6-17-21.)
| ||||||
21 | Section 5-85. The Motor Fuel Tax Law is amended by | ||||||
22 | changing Section 8 as follows:
| ||||||
23 | (35 ILCS 505/8) (from Ch. 120, par. 424)
| ||||||
24 | Sec. 8. Distribution of proceeds of tax. Except as |
| |||||||
| |||||||
1 | provided in subsection (a-1) of this Section, Section 8a, | ||||||
2 | subdivision
(h)(1) of Section 12a, Section 13a.6, and items
| ||||||
3 | 13, 14, 15, and 16 of Section 15, all money received by the | ||||||
4 | Department under
this Act, including payments made to the | ||||||
5 | Department by
member jurisdictions participating in the | ||||||
6 | International Fuel Tax Agreement,
shall be deposited into in a | ||||||
7 | special fund in the State treasury, to be known as the
" Motor | ||||||
8 | Fuel Tax Fund " , and shall be used as follows:
| ||||||
9 | (a) 2 1/2 cents per gallon of the tax collected on special | ||||||
10 | fuel under
paragraph (b) of Section 2 and Section 13a of this | ||||||
11 | Act shall be transferred
to the State Construction Account | ||||||
12 | Fund in the State Treasury; the remainder of the tax collected | ||||||
13 | on special fuel under
paragraph (b) of Section 2 and Section | ||||||
14 | 13a of this Act shall be deposited into the Road Fund;
| ||||||
15 | (a-1) Beginning on July 1, 2019, an amount equal to the | ||||||
16 | amount of tax collected under subsection (a) of Section 2 and | ||||||
17 | Section 13a as a result of the increase in the tax rate under | ||||||
18 | subsection (a) of Section 2 authorized by Public Act 101-32 | ||||||
19 | shall be deposited transferred each month into the | ||||||
20 | Transportation Renewal Fund; provided, however, that the | ||||||
21 | amount that represents the part (b) portion of the rate under | ||||||
22 | Section 13a shall be deposited each month into the Motor Fuel | ||||||
23 | Tax Fund and the Transportation Renewal Fund in the same | ||||||
24 | proportion as the amount collected under subsection (a) of | ||||||
25 | Section 2; | ||||||
26 | (b) $420,000 shall be transferred each month to the State |
| |||||||
| |||||||
1 | Boating Act
Fund to be used by the Department of Natural | ||||||
2 | Resources for the purposes
specified in Article X of the Boat | ||||||
3 | Registration and Safety Act;
| ||||||
4 | (c) $3,500,000 shall be transferred each month to the | ||||||
5 | Grade Crossing
Protection Fund to be used as follows: not less | ||||||
6 | than $12,000,000 each fiscal
year shall be used for the | ||||||
7 | construction or reconstruction of rail highway grade
| ||||||
8 | separation structures; $5,500,000 in fiscal year 2022 and each | ||||||
9 | fiscal
year
thereafter shall be transferred to the | ||||||
10 | Transportation
Regulatory Fund and shall be used to pay the | ||||||
11 | cost of administration
of the Illinois Commerce Commission's | ||||||
12 | railroad safety program in connection
with its duties under | ||||||
13 | subsection (3) of Section 18c-7401 of the Illinois
Vehicle | ||||||
14 | Code, with the remainder to be used by the Department of | ||||||
15 | Transportation
upon order of the Illinois Commerce Commission, | ||||||
16 | to pay that part of the
cost apportioned by such Commission to | ||||||
17 | the State to cover the interest
of the public in the use of | ||||||
18 | highways, roads, streets, or
pedestrian walkways in the
county | ||||||
19 | highway system, township and district road system, or | ||||||
20 | municipal
street system as defined in the Illinois Highway | ||||||
21 | Code, as the same may
from time to time be amended, for | ||||||
22 | separation of grades, for installation,
construction or | ||||||
23 | reconstruction of crossing protection or reconstruction,
| ||||||
24 | alteration, relocation including construction or improvement | ||||||
25 | of any
existing highway necessary for access to property or | ||||||
26 | improvement of any
grade crossing and grade crossing surface |
| |||||||
| |||||||
1 | including the necessary highway approaches thereto of any
| ||||||
2 | railroad across the highway or public road, or for the | ||||||
3 | installation,
construction, reconstruction, or maintenance of | ||||||
4 | safety treatments to deter trespassing or a pedestrian walkway | ||||||
5 | over or
under a railroad right-of-way, as provided for in and | ||||||
6 | in
accordance with Section 18c-7401 of the Illinois Vehicle | ||||||
7 | Code.
The Commission may order up to $2,000,000 per year in | ||||||
8 | Grade Crossing Protection Fund moneys for the improvement of | ||||||
9 | grade crossing surfaces and up to $300,000 per year for the | ||||||
10 | maintenance and renewal of 4-quadrant gate vehicle detection | ||||||
11 | systems located at non-high speed rail grade crossings.
In | ||||||
12 | entering orders for projects for which payments from the Grade | ||||||
13 | Crossing
Protection Fund will be made, the Commission shall | ||||||
14 | account for expenditures
authorized by the orders on a cash | ||||||
15 | rather than an accrual basis. For purposes
of this requirement | ||||||
16 | an "accrual basis" assumes that the total cost of the
project | ||||||
17 | is expended in the fiscal year in which the order is entered, | ||||||
18 | while a
"cash basis" allocates the cost of the project among | ||||||
19 | fiscal years as
expenditures are actually made. To meet the | ||||||
20 | requirements of this subsection,
the Illinois Commerce | ||||||
21 | Commission shall develop annual and 5-year project plans
of | ||||||
22 | rail crossing capital improvements that will be paid for with | ||||||
23 | moneys from
the Grade Crossing Protection Fund. The annual | ||||||
24 | project plan shall identify
projects for the succeeding fiscal | ||||||
25 | year and the 5-year project plan shall
identify projects for | ||||||
26 | the 5 directly succeeding fiscal years. The Commission
shall |
| |||||||
| |||||||
1 | submit the annual and 5-year project plans for this Fund to the | ||||||
2 | Governor,
the President of the Senate, the Senate Minority | ||||||
3 | Leader, the Speaker of the
House of Representatives, and the | ||||||
4 | Minority Leader of the House of
Representatives on
the first | ||||||
5 | Wednesday in April of each year;
| ||||||
6 | (d) of the amount remaining after allocations provided for | ||||||
7 | in
subsections (a), (a-1), (b), and (c), a sufficient amount | ||||||
8 | shall be reserved to
pay all of the following:
| ||||||
9 | (1) the costs of the Department of Revenue in | ||||||
10 | administering this
Act;
| ||||||
11 | (2) the costs of the Department of Transportation in | ||||||
12 | performing its
duties imposed by the Illinois Highway Code | ||||||
13 | for supervising the use of motor
fuel tax funds | ||||||
14 | apportioned to municipalities, counties and road | ||||||
15 | districts;
| ||||||
16 | (3) refunds provided for in Section 13, refunds for | ||||||
17 | overpayment of decal fees paid under Section 13a.4 of this | ||||||
18 | Act, and refunds provided for under the terms
of the | ||||||
19 | International Fuel Tax Agreement referenced in Section | ||||||
20 | 14a;
| ||||||
21 | (4) from October 1, 1985 until June 30, 1994, the | ||||||
22 | administration of the
Vehicle Emissions Inspection Law, | ||||||
23 | which amount shall be certified monthly by
the | ||||||
24 | Environmental Protection Agency to the State Comptroller | ||||||
25 | and shall promptly
be transferred by the State Comptroller | ||||||
26 | and Treasurer from the Motor Fuel Tax
Fund to the Vehicle |
| |||||||
| |||||||
1 | Inspection Fund, and for the period July 1, 1994 through
| ||||||
2 | June 30, 2000, one-twelfth of $25,000,000 each month, for | ||||||
3 | the period July 1, 2000 through June 30, 2003,
one-twelfth | ||||||
4 | of
$30,000,000
each month,
and $15,000,000 on July 1, | ||||||
5 | 2003, and $15,000,000 on January 1, 2004, and $15,000,000
| ||||||
6 | on
each
July
1 and October 1, or as soon thereafter as may | ||||||
7 | be practical, during the period July 1, 2004 through June | ||||||
8 | 30, 2012,
and $30,000,000 on June 1, 2013, or as soon | ||||||
9 | thereafter as may be practical, and $15,000,000 on July 1 | ||||||
10 | and October 1, or as soon thereafter as may be practical, | ||||||
11 | during the period of July 1, 2013 through June 30, 2015, | ||||||
12 | for the administration of the Vehicle Emissions Inspection | ||||||
13 | Law of
2005, to be transferred by the State Comptroller | ||||||
14 | and Treasurer from the Motor
Fuel Tax Fund into the | ||||||
15 | Vehicle Inspection Fund;
| ||||||
16 | (4.5) beginning on July 1, 2019, the costs of the | ||||||
17 | Environmental Protection Agency for the administration of | ||||||
18 | the Vehicle Emissions Inspection Law of 2005 shall be | ||||||
19 | paid, subject to appropriation, from the Motor Fuel Tax | ||||||
20 | Fund into the Vehicle Inspection Fund; beginning in 2019, | ||||||
21 | no later than December 31 of each year, or as soon | ||||||
22 | thereafter as practical, the State Comptroller shall | ||||||
23 | direct and the State Treasurer shall transfer from the | ||||||
24 | Vehicle Inspection Fund to the Motor Fuel Tax Fund any | ||||||
25 | balance remaining in the Vehicle Inspection Fund in excess | ||||||
26 | of $2,000,000; |
| |||||||
| |||||||
1 | (5) amounts ordered paid by the Court of Claims; and
| ||||||
2 | (6) payment of motor fuel use taxes due to member | ||||||
3 | jurisdictions under
the terms of the International Fuel | ||||||
4 | Tax Agreement. The Department shall
certify these amounts | ||||||
5 | to the Comptroller by the 15th day of each month; the
| ||||||
6 | Comptroller shall cause orders to be drawn for such | ||||||
7 | amounts, and the Treasurer
shall administer those amounts | ||||||
8 | on or before the last day of each month;
| ||||||
9 | (e) after allocations for the purposes set forth in | ||||||
10 | subsections
(a), (a-1), (b), (c), and (d), the remaining | ||||||
11 | amount shall be apportioned as follows:
| ||||||
12 | (1) Until January 1, 2000, 58.4%, and beginning | ||||||
13 | January 1, 2000, 45.6%
shall be deposited as follows:
| ||||||
14 | (A) 37% into the State Construction Account Fund, | ||||||
15 | and
| ||||||
16 | (B) 63% into the Road Fund, $1,250,000 of which | ||||||
17 | shall be reserved each
month for the Department of | ||||||
18 | Transportation to be used in accordance with
the | ||||||
19 | provisions of Sections 6-901 through 6-906 of the | ||||||
20 | Illinois Highway Code;
| ||||||
21 | (2) Until January 1, 2000, 41.6%, and beginning | ||||||
22 | January 1, 2000, 54.4%
shall be transferred to the | ||||||
23 | Department of Transportation to be
distributed as follows:
| ||||||
24 | (A) 49.10% to the municipalities of the State,
| ||||||
25 | (B) 16.74% to the counties of the State having | ||||||
26 | 1,000,000 or more inhabitants,
|
| |||||||
| |||||||
1 | (C) 18.27% to the counties of the State having | ||||||
2 | less than 1,000,000 inhabitants,
| ||||||
3 | (D) 15.89% to the road districts of the State.
| ||||||
4 | If a township is dissolved under Article 24 of the | ||||||
5 | Township Code, McHenry County shall receive any moneys | ||||||
6 | that would have been distributed to the township under | ||||||
7 | this subparagraph, except that a municipality that assumes | ||||||
8 | the powers and responsibilities of a road district under | ||||||
9 | paragraph (6) of Section 24-35 of the Township Code shall | ||||||
10 | receive any moneys that would have been distributed to the | ||||||
11 | township in a percent equal to the area of the dissolved | ||||||
12 | road district or portion of the dissolved road district | ||||||
13 | over which the municipality assumed the powers and | ||||||
14 | responsibilities compared to the total area of the | ||||||
15 | dissolved township. The moneys received under this | ||||||
16 | subparagraph shall be used in the geographic area of the | ||||||
17 | dissolved township. If a township is reconstituted as | ||||||
18 | provided under Section 24-45 of the Township Code, McHenry | ||||||
19 | County or a municipality shall no longer be distributed | ||||||
20 | moneys under this subparagraph. | ||||||
21 | As soon as may be after the first day of each month, the | ||||||
22 | Department of
Transportation shall allot to each municipality | ||||||
23 | its share of the amount
apportioned to the several | ||||||
24 | municipalities which shall be in proportion
to the population | ||||||
25 | of such municipalities as determined by the last
preceding | ||||||
26 | municipal census if conducted by the Federal Government or
|
| |||||||
| |||||||
1 | Federal census. If territory is annexed to any municipality | ||||||
2 | subsequent
to the time of the last preceding census the | ||||||
3 | corporate authorities of
such municipality may cause a census | ||||||
4 | to be taken of such annexed
territory and the population so | ||||||
5 | ascertained for such territory shall be
added to the | ||||||
6 | population of the municipality as determined by the last
| ||||||
7 | preceding census for the purpose of determining the allotment | ||||||
8 | for that
municipality. If the population of any municipality | ||||||
9 | was not determined
by the last Federal census preceding any | ||||||
10 | apportionment, the
apportionment to such municipality shall be | ||||||
11 | in accordance with any
census taken by such municipality. Any | ||||||
12 | municipal census used in
accordance with this Section shall be | ||||||
13 | certified to the Department of
Transportation by the clerk of | ||||||
14 | such municipality, and the accuracy
thereof shall be subject | ||||||
15 | to approval of the Department which may make
such corrections | ||||||
16 | as it ascertains to be necessary.
| ||||||
17 | As soon as may be after the first day of each month, the | ||||||
18 | Department of
Transportation shall allot to each county its | ||||||
19 | share of the amount
apportioned to the several counties of the | ||||||
20 | State as herein provided.
Each allotment to the several | ||||||
21 | counties having less than 1,000,000
inhabitants shall be in | ||||||
22 | proportion to the amount of motor vehicle
license fees | ||||||
23 | received from the residents of such counties, respectively,
| ||||||
24 | during the preceding calendar year. The Secretary of State | ||||||
25 | shall, on or
before April 15 of each year, transmit to the | ||||||
26 | Department of
Transportation a full and complete report |
| |||||||
| |||||||
1 | showing the amount of motor
vehicle license fees received from | ||||||
2 | the residents of each county,
respectively, during the | ||||||
3 | preceding calendar year. The Department of
Transportation | ||||||
4 | shall, each month, use for allotment purposes the last
such | ||||||
5 | report received from the Secretary of State.
| ||||||
6 | As soon as may be after the first day of each month, the | ||||||
7 | Department
of Transportation shall allot to the several | ||||||
8 | counties their share of the
amount apportioned for the use of | ||||||
9 | road districts. The allotment shall
be apportioned among the | ||||||
10 | several counties in the State in the proportion
which the | ||||||
11 | total mileage of township or district roads in the respective
| ||||||
12 | counties bears to the total mileage of all township and | ||||||
13 | district roads
in the State. Funds allotted to the respective | ||||||
14 | counties for the use of
road districts therein shall be | ||||||
15 | allocated to the several road districts
in the county in the | ||||||
16 | proportion which the total mileage of such township
or | ||||||
17 | district roads in the respective road districts bears to the | ||||||
18 | total
mileage of all such township or district roads in the | ||||||
19 | county. After
July 1 of any year prior to 2011, no allocation | ||||||
20 | shall be made for any road district
unless it levied a tax for | ||||||
21 | road and bridge purposes in an amount which
will require the | ||||||
22 | extension of such tax against the taxable property in
any such | ||||||
23 | road district at a rate of not less than either .08% of the | ||||||
24 | value
thereof, based upon the assessment for the year | ||||||
25 | immediately prior to the year
in which such tax was levied and | ||||||
26 | as equalized by the Department of Revenue
or, in DuPage |
| |||||||
| |||||||
1 | County, an amount equal to or greater than $12,000 per mile of
| ||||||
2 | road under the jurisdiction of the road district, whichever is | ||||||
3 | less. Beginning July 1, 2011 and each July 1 thereafter, an | ||||||
4 | allocation shall be made for any road district
if it levied a | ||||||
5 | tax for road and bridge purposes. In counties other than | ||||||
6 | DuPage County, if the amount of the tax levy requires the | ||||||
7 | extension of the tax against the taxable property in
the road | ||||||
8 | district at a rate that is less than 0.08% of the value
| ||||||
9 | thereof, based upon the assessment for the year immediately | ||||||
10 | prior to the year
in which the tax was levied and as equalized | ||||||
11 | by the Department of Revenue, then the amount of the | ||||||
12 | allocation for that road district shall be a percentage of the | ||||||
13 | maximum allocation equal to the percentage obtained by | ||||||
14 | dividing the rate extended by the district by 0.08%. In DuPage | ||||||
15 | County, if the amount of the tax levy requires the extension of | ||||||
16 | the tax against the taxable property in
the road district at a | ||||||
17 | rate that is less than the lesser of (i) 0.08% of the value
of | ||||||
18 | the taxable property in the road district, based upon the | ||||||
19 | assessment for the year immediately prior to the year
in which | ||||||
20 | such tax was levied and as equalized by the Department of | ||||||
21 | Revenue,
or (ii) a rate that will yield an amount equal to | ||||||
22 | $12,000 per mile of
road under the jurisdiction of the road | ||||||
23 | district, then the amount of the allocation for the road | ||||||
24 | district shall be a percentage of the maximum allocation equal | ||||||
25 | to the percentage obtained by dividing the rate extended by | ||||||
26 | the district by the lesser of (i) 0.08% or (ii) the rate that |
| |||||||
| |||||||
1 | will yield an amount equal to $12,000 per mile of
road under | ||||||
2 | the jurisdiction of the road district. | ||||||
3 | Prior to 2011, if any
road district has levied a special | ||||||
4 | tax for road purposes
pursuant to Sections 6-601, 6-602, and | ||||||
5 | 6-603 of the Illinois Highway Code, and
such tax was levied in | ||||||
6 | an amount which would require extension at a
rate of not less | ||||||
7 | than .08% of the value of the taxable property thereof,
as | ||||||
8 | equalized or assessed by the Department of Revenue,
or, in | ||||||
9 | DuPage County, an amount equal to or greater than $12,000 per | ||||||
10 | mile of
road under the jurisdiction of the road district, | ||||||
11 | whichever is less,
such levy shall, however, be deemed a | ||||||
12 | proper compliance with this
Section and shall qualify such | ||||||
13 | road district for an allotment under this
Section. Beginning | ||||||
14 | in 2011 and thereafter, if any
road district has levied a | ||||||
15 | special tax for road purposes
under Sections 6-601, 6-602, and | ||||||
16 | 6-603 of the Illinois Highway Code, and
the tax was levied in | ||||||
17 | an amount that would require extension at a
rate of not less | ||||||
18 | than 0.08% of the value of the taxable property of that road | ||||||
19 | district,
as equalized or assessed by the Department of | ||||||
20 | Revenue or, in DuPage County, an amount equal to or greater | ||||||
21 | than $12,000 per mile of road under the jurisdiction of the | ||||||
22 | road district, whichever is less, that levy shall be deemed a | ||||||
23 | proper compliance with this
Section and shall qualify such | ||||||
24 | road district for a full, rather than proportionate, allotment | ||||||
25 | under this
Section. If the levy for the special tax is less | ||||||
26 | than 0.08% of the value of the taxable property, or, in DuPage |
| |||||||
| |||||||
1 | County if the levy for the special tax is less than the lesser | ||||||
2 | of (i) 0.08% or (ii) $12,000 per mile of road under the | ||||||
3 | jurisdiction of the road district, and if the levy for the | ||||||
4 | special tax is more than any other levy for road and bridge | ||||||
5 | purposes, then the levy for the special tax qualifies the road | ||||||
6 | district for a proportionate, rather than full, allotment | ||||||
7 | under this Section. If the levy for the special tax is equal to | ||||||
8 | or less than any other levy for road and bridge purposes, then | ||||||
9 | any allotment under this Section shall be determined by the | ||||||
10 | other levy for road and bridge purposes. | ||||||
11 | Prior to 2011, if a township has transferred to the road | ||||||
12 | and bridge fund
money which, when added to the amount of any | ||||||
13 | tax levy of the road
district would be the equivalent of a tax | ||||||
14 | levy requiring extension at a
rate of at least .08%, or, in | ||||||
15 | DuPage County, an amount equal to or greater
than $12,000 per | ||||||
16 | mile of road under the jurisdiction of the road district,
| ||||||
17 | whichever is less, such transfer, together with any such tax | ||||||
18 | levy,
shall be deemed a proper compliance with this Section | ||||||
19 | and shall qualify
the road district for an allotment under | ||||||
20 | this Section.
| ||||||
21 | In counties in which a property tax extension limitation | ||||||
22 | is imposed
under the Property Tax Extension Limitation Law, | ||||||
23 | road districts may retain
their entitlement to a motor fuel | ||||||
24 | tax allotment or, beginning in 2011, their entitlement to a | ||||||
25 | full allotment if, at the time the property
tax
extension | ||||||
26 | limitation was imposed, the road district was levying a road |
| |||||||
| |||||||
1 | and
bridge tax at a rate sufficient to entitle it to a motor | ||||||
2 | fuel tax allotment
and continues to levy the maximum allowable | ||||||
3 | amount after the imposition of the
property tax extension | ||||||
4 | limitation. Any road district may in all circumstances
retain | ||||||
5 | its entitlement to a motor fuel tax allotment or, beginning in | ||||||
6 | 2011, its entitlement to a full allotment if it levied a road | ||||||
7 | and
bridge tax in an amount that will require the extension of | ||||||
8 | the tax against the
taxable property in the road district at a | ||||||
9 | rate of not less than 0.08% of the
assessed value of the | ||||||
10 | property, based upon the assessment for the year
immediately | ||||||
11 | preceding the year in which the tax was levied and as equalized | ||||||
12 | by
the Department of Revenue or, in DuPage County, an amount | ||||||
13 | equal to or greater
than $12,000 per mile of road under the | ||||||
14 | jurisdiction of the road district,
whichever is less.
| ||||||
15 | As used in this Section, the term "road district" means | ||||||
16 | any road
district, including a county unit road district, | ||||||
17 | provided for by the
Illinois Highway Code; and the term | ||||||
18 | "township or district road"
means any road in the township and | ||||||
19 | district road system as defined in the
Illinois Highway Code. | ||||||
20 | For the purposes of this Section, "township or
district road" | ||||||
21 | also includes such roads as are maintained by park
districts, | ||||||
22 | forest preserve districts and conservation districts. The
| ||||||
23 | Department of Transportation shall determine the mileage of | ||||||
24 | all township
and district roads for the purposes of making | ||||||
25 | allotments and allocations of
motor fuel tax funds for use in | ||||||
26 | road districts.
|
| |||||||
| |||||||
1 | Payment of motor fuel tax moneys to municipalities and | ||||||
2 | counties shall
be made as soon as possible after the allotment | ||||||
3 | is made. The treasurer
of the municipality or county may | ||||||
4 | invest these funds until their use is
required and the | ||||||
5 | interest earned by these investments shall be limited
to the | ||||||
6 | same uses as the principal funds.
| ||||||
7 | (Source: P.A. 101-32, eff. 6-28-19; 101-230, eff. 8-9-19; | ||||||
8 | 101-493, eff. 8-23-19; 102-16, eff. 6-17-21; 102-558, eff. | ||||||
9 | 8-20-21; 102-699, eff. 4-19-22.)
| ||||||
10 | Section 5-87. The Illinois Pension Code is amended by | ||||||
11 | changing Sections 1A-112, 2-121.1, and 16-132 and by adding | ||||||
12 | Sections 2-105.3 and 2-105.4 as follows:
| ||||||
13 | (40 ILCS 5/1A-112)
| ||||||
14 | Sec. 1A-112. Fees.
| ||||||
15 | (a) Every pension fund that is required to file an annual | ||||||
16 | statement under
Section 1A-109 shall pay to the Department an | ||||||
17 | annual compliance fee. In the
case of a pension fund under | ||||||
18 | Article 3 or 4 of this Code, (i) prior to the conclusion of the | ||||||
19 | transition period, the annual compliance
fee shall be 0.02% (2 | ||||||
20 | basis points) of the total
assets of the pension
fund, as | ||||||
21 | reported in the most current annual statement of the fund, but | ||||||
22 | not
more than $8,000 and (ii) after the conclusion of the | ||||||
23 | transition period, the annual compliance fee shall be $8,000 | ||||||
24 | and shall be paid by the Consolidated Fund. In the case of all |
| |||||||
| |||||||
1 | other pension funds and
retirement
systems, the annual | ||||||
2 | compliance fee shall be $8,000. Effective July 1, 2023, each | ||||||
3 | pension fund established under Article 3 or 4 of this Code | ||||||
4 | shall pay an annual compliance fee of at least 0.02% but not | ||||||
5 | more than 0.05% of the total assets of the pension fund, as | ||||||
6 | reported in the most current annual statement of the fund, to | ||||||
7 | the Department of Insurance unless the appropriate | ||||||
8 | Consolidated Fund agrees to conduct an audit or examination of | ||||||
9 | all pension funds as provided in Section 1A-104. The | ||||||
10 | Department shall have the discretion to set the annual | ||||||
11 | compliance fee to be paid by each pension fund to cover the | ||||||
12 | cost of the compliance audits. The Department shall provide | ||||||
13 | written notice to each Article 3 and Article 4 pension fund of | ||||||
14 | the amount of the annual compliance fee due not less than 60 | ||||||
15 | days prior to the fee payment deadline.
| ||||||
16 | (b) The annual compliance fee shall be due on June 30 for | ||||||
17 | the following
State fiscal year, except that the fee payable | ||||||
18 | in 1997 for fiscal year 1998
shall be due no earlier than 30 | ||||||
19 | days following the effective date of this
amendatory Act of | ||||||
20 | 1997.
| ||||||
21 | (c) Any information obtained by the Division that is | ||||||
22 | available to the public
under the Freedom of Information Act | ||||||
23 | and is either compiled in published form
or maintained on a | ||||||
24 | computer processible medium shall be furnished upon the
| ||||||
25 | written request of any applicant and the payment of a | ||||||
26 | reasonable information
services fee established by the |
| |||||||
| |||||||
1 | Director, sufficient to cover the total cost to
the Division | ||||||
2 | of compiling, processing, maintaining, and generating the
| ||||||
3 | information. The information may be furnished by means of | ||||||
4 | published copy or on
a computer processed or computer | ||||||
5 | processible medium.
| ||||||
6 | No fee may be charged to any person for information that | ||||||
7 | the Division is
required by law to furnish to that person.
| ||||||
8 | (d) Except as otherwise provided in this Section, all fees | ||||||
9 | and penalties
collected by the Department under this Code | ||||||
10 | shall be deposited into the Public
Pension Regulation Fund.
| ||||||
11 | (e) Fees collected under subsection (c) of this Section | ||||||
12 | and money collected
under Section 1A-107 shall be deposited | ||||||
13 | into the Technology Management Revolving Fund and credited to | ||||||
14 | the account of the Department's Public Pension
Division. This | ||||||
15 | income shall be used exclusively for the
purposes set forth in | ||||||
16 | Section 1A-107. Notwithstanding the provisions of
Section | ||||||
17 | 408.2 of the Illinois Insurance Code, no surplus funds | ||||||
18 | remaining in
this account shall be deposited in the Insurance | ||||||
19 | Financial Regulation Fund.
All money in this account that the | ||||||
20 | Director certifies is not needed for the
purposes set forth in | ||||||
21 | Section 1A-107 of this Code shall be transferred to the
Public | ||||||
22 | Pension Regulation Fund.
| ||||||
23 | (f) Nothing in this Code prohibits the General Assembly | ||||||
24 | from appropriating
funds from the General Revenue Fund to the | ||||||
25 | Department for the purpose of
administering or enforcing this | ||||||
26 | Code.
|
| |||||||
| |||||||
1 | (Source: P.A. 100-23, eff. 7-6-17; 101-610, eff. 1-1-20.)
| ||||||
2 | (40 ILCS 5/2-105.3 new) | ||||||
3 | Sec. 2-105.3. Tier 1 participant; Tier 2 participant. | ||||||
4 | "Tier 1 participant": A participant who first became a | ||||||
5 | participant before January 1, 2011. | ||||||
6 | "Tier 2 participant": A participant who first became a | ||||||
7 | participant on or after January 1, 2011. | ||||||
8 | (40 ILCS 5/2-105.4 new) | ||||||
9 | Sec. 2-105.4. Tier 1 retiree. "Tier 1 retiree" means a | ||||||
10 | former Tier 1 participant who has made the election to retire | ||||||
11 | and has terminated service.
| ||||||
12 | (40 ILCS 5/2-121.1) (from Ch. 108 1/2, par. 2-121.1)
| ||||||
13 | Sec. 2-121.1. Survivor's annuity; amount annuity - amount .
| ||||||
14 | (a) A surviving spouse shall be entitled to 66 2/3% of the | ||||||
15 | amount of
retirement annuity to which the participant or | ||||||
16 | annuitant was entitled on
the date of death, without regard to | ||||||
17 | whether the participant had attained
age 55 prior to his or her | ||||||
18 | death, subject to a minimum payment of 10% of
salary. If a | ||||||
19 | surviving spouse, regardless of age, has in his or her care
at | ||||||
20 | the date of death any eligible child or children of the | ||||||
21 | participant, the
survivor's annuity shall be the greater of | ||||||
22 | the following: (1) 66 2/3% of
the amount of retirement annuity | ||||||
23 | to which the participant or annuitant was
entitled on the date |
| |||||||
| |||||||
1 | of death, or (2) 30% of the participant's salary
increased by | ||||||
2 | 10% of salary on account of each such child, subject to a
total | ||||||
3 | payment for the surviving spouse and children of 50% of | ||||||
4 | salary. If
eligible children survive but there is no surviving | ||||||
5 | spouse, or if the
surviving spouse dies or becomes | ||||||
6 | disqualified by
remarriage while eligible children survive, | ||||||
7 | each
eligible child shall be entitled to an annuity of 20% of | ||||||
8 | salary, subject
to a maximum total payment for all such | ||||||
9 | children of 50% of salary.
| ||||||
10 | However, the survivor's annuity payable under this Section | ||||||
11 | shall not be
less than 100% of the amount of retirement annuity | ||||||
12 | to which the participant
or annuitant was entitled on the date | ||||||
13 | of death, if he or she is survived by
a dependent disabled | ||||||
14 | child.
| ||||||
15 | The salary to be used for determining these benefits shall | ||||||
16 | be the
salary used for determining the amount of retirement | ||||||
17 | annuity as provided
in Section 2-119.01.
| ||||||
18 | (b) Upon the death of a participant after the termination | ||||||
19 | of service or
upon death of an annuitant, the maximum total | ||||||
20 | payment to a surviving spouse
and eligible children, or to | ||||||
21 | eligible children alone if there is no surviving
spouse, shall | ||||||
22 | be 75% of the retirement annuity to which the participant
or | ||||||
23 | annuitant was entitled, unless there is a dependent disabled | ||||||
24 | child
among the survivors.
| ||||||
25 | (c) When a child ceases to be an eligible child, the | ||||||
26 | annuity to that
child, or to the surviving spouse on account of |
| |||||||
| |||||||
1 | that child, shall thereupon
cease, and the annuity payable to | ||||||
2 | the surviving spouse or other eligible
children shall be | ||||||
3 | recalculated if necessary.
| ||||||
4 | Upon the ineligibility of the last eligible child, the | ||||||
5 | annuity shall
immediately revert to the amount payable upon | ||||||
6 | death of a participant or
annuitant who leaves no eligible | ||||||
7 | children. If the surviving spouse is then
under age 50, the | ||||||
8 | annuity as revised shall be deferred until the attainment
of | ||||||
9 | age 50.
| ||||||
10 | (d) Beginning January 1, 1990, every survivor's annuity | ||||||
11 | shall be increased
(1) on each January 1 occurring on or after | ||||||
12 | the commencement of the annuity if
the deceased member died | ||||||
13 | while receiving a retirement annuity, or (2) in
other cases, | ||||||
14 | on each January 1 occurring on or after the first anniversary
| ||||||
15 | of the commencement of the annuity, by an amount equal to 3% of | ||||||
16 | the current
amount of the annuity, including any previous | ||||||
17 | increases under this Article.
Such increases shall apply | ||||||
18 | without regard to whether the deceased member
was in service | ||||||
19 | on or after the effective date of this amendatory Act of
1991, | ||||||
20 | but shall not accrue for any period prior to January 1, 1990.
| ||||||
21 | (d-5) Notwithstanding any other provision of this Article, | ||||||
22 | the initial survivor's annuity of a survivor of a participant | ||||||
23 | who first becomes a participant on or after January 1, 2011 | ||||||
24 | (the effective date of Public Act 96-889) shall be in the | ||||||
25 | amount of 66 2/3% of the amount of the retirement annuity to | ||||||
26 | which the participant or annuitant was entitled on the date of |
| |||||||
| |||||||
1 | death and shall be increased (1) on each January 1 occurring on | ||||||
2 | or after the commencement of the annuity if
the deceased | ||||||
3 | member died while receiving a retirement annuity or (2) in
| ||||||
4 | other cases, on each January 1 occurring on or after the first | ||||||
5 | anniversary
of the commencement of the annuity, by an amount | ||||||
6 | equal to 3% or the annual unadjusted percentage increase in | ||||||
7 | the Consumer Price Index for All Urban Consumers as determined | ||||||
8 | by the Public Pension Division of the Department of Insurance | ||||||
9 | under subsection (a) of Section 2-108.1, whichever is less, of | ||||||
10 | the survivor's annuity then being paid. | ||||||
11 | The provisions of this subsection (d-5) shall not apply to | ||||||
12 | a survivor's annuity of a survivor of a participant who died in | ||||||
13 | service before January 1, 2023. | ||||||
14 | (e) Notwithstanding any other provision of this Article, | ||||||
15 | beginning
January 1, 1990, the minimum survivor's annuity | ||||||
16 | payable to any person who
is entitled to receive a survivor's | ||||||
17 | annuity under this Article shall be
$300 per month, without | ||||||
18 | regard to whether or not the deceased participant
was in | ||||||
19 | service on the effective date of this amendatory Act of 1989.
| ||||||
20 | (f) In the case of a proportional survivor's annuity | ||||||
21 | arising under
the Retirement Systems Reciprocal Act where the | ||||||
22 | amount payable by the
System on January 1, 1993 is less than | ||||||
23 | $300 per month, the amount payable
by the System shall be | ||||||
24 | increased beginning on that date by a monthly amount
equal to | ||||||
25 | $2 for each full year that has expired since the annuity began.
| ||||||
26 | (g) Notwithstanding any other provision of this Code, the |
| |||||||
| |||||||
1 | survivor's annuity payable to an eligible survivor of a Tier 2 | ||||||
2 | participant who died in service prior to January 1, 2023 shall | ||||||
3 | be calculated in accordance with the provisions applicable to | ||||||
4 | the survivors of a deceased Tier 1 participant. | ||||||
5 | Notwithstanding Section 1-103.1, the changes to this Section | ||||||
6 | made by this amendatory Act of the 103rd General Assembly | ||||||
7 | apply without regard to whether the participant was in active | ||||||
8 | service before the effective date of this amendatory Act of | ||||||
9 | the 103rd General Assembly. | ||||||
10 | (Source: P.A. 96-889, eff. 1-1-11; 96-1490, eff. 1-1-11.)
| ||||||
11 | (40 ILCS 5/16-132) (from Ch. 108 1/2, par. 16-132)
| ||||||
12 | Sec. 16-132. Retirement annuity eligibility. A member who | ||||||
13 | has at least 20 years of creditable service is entitled to a
| ||||||
14 | retirement annuity upon or after attainment of age 55.
A | ||||||
15 | member who has at least 10 but less than 20 years of creditable | ||||||
16 | service is
entitled to a retirement annuity upon or after | ||||||
17 | attainment of age 60.
A member who has at least 5 but less than | ||||||
18 | 10 years of creditable service is
entitled to a retirement | ||||||
19 | annuity upon or after attainment of age 62.
A member who (i) | ||||||
20 | has earned during the period immediately preceding the last
| ||||||
21 | day of service at least one year of contributing creditable | ||||||
22 | service as an
employee of a department as defined in Section | ||||||
23 | 14-103.04, (ii) has earned at
least 5 years of contributing | ||||||
24 | creditable service as an employee of a department
as defined | ||||||
25 | in Section 14-103.04, and (iii) retires on or after January 1, |
| |||||||
| |||||||
1 | 2001
is entitled to a retirement annuity upon or after | ||||||
2 | attainment of an age which,
when added to the number of years | ||||||
3 | of his or her total creditable service,
equals at least 85. | ||||||
4 | Portions of years shall be counted as decimal equivalents.
| ||||||
5 | A member who is eligible to receive a retirement annuity | ||||||
6 | of at least 74.6% of
final average salary and will attain age | ||||||
7 | 55 on or before December 31 during the
year which commences on | ||||||
8 | July 1 shall be deemed to attain age 55 on the
preceding June | ||||||
9 | 1.
| ||||||
10 | A member meeting the above eligibility conditions is | ||||||
11 | entitled to a retirement
annuity upon written application to | ||||||
12 | the board setting forth the date the member
wishes the | ||||||
13 | retirement annuity to commence. However, the effective date of | ||||||
14 | the
retirement annuity shall be no earlier than the day | ||||||
15 | following the last day of
creditable service, regardless of | ||||||
16 | the date of official termination of
employment; however, upon
| ||||||
17 | written application within 6 months after the effective date
| ||||||
18 | of this amendatory Act of the 103rd General Assembly by a
| ||||||
19 | member or annuitant, the creditable service and earnings
| ||||||
20 | received in the last fiscal year of employment may be
| ||||||
21 | disregarded when determining the retirement effective date and | ||||||
22 | the retirement benefit except that the effective date of a | ||||||
23 | retirement annuity may be after the date of official | ||||||
24 | termination of employment as long as such employment is for | ||||||
25 | (1) less than 10 days in length ; and (2) less than $2,500 | ||||||
26 | $2,000 in creditable earnings; and (3) the last fiscal year of
|
| |||||||
| |||||||
1 | employment includes only a fiscal year beginning on or after
| ||||||
2 | July 1, 2016 and ending before June 30,2023 compensation . The
| ||||||
3 | retirement effective date may not, as a result of the
| ||||||
4 | application of this amendatory Act of the 103rd General
| ||||||
5 | Assembly, be earlier than July 1, 2016.
| ||||||
6 | To be eligible for a retirement annuity, a member shall | ||||||
7 | not be employed
as a teacher in the schools included under this | ||||||
8 | System or under Article 17,
except (i) as provided in Section | ||||||
9 | 16-118 or 16-150.1, (ii) if
the member is disabled (in which | ||||||
10 | event, eligibility for salary must cease),
or (iii) if the | ||||||
11 | System is required by federal law to commence
payment due to | ||||||
12 | the member's age; the changes to this sentence made by this
| ||||||
13 | amendatory Act of the 93rd General Assembly apply without
| ||||||
14 | regard to whether the member terminated employment before or | ||||||
15 | after its
effective date.
| ||||||
16 | (Source: P.A. 102-871, eff. 5-13-22.)
| ||||||
17 | (40 ILCS 5/2-105.1 rep.) | ||||||
18 | (40 ILCS 5/2-105.2 rep.) | ||||||
19 | Section 5-88. The Illinois Pension Code is amended by | ||||||
20 | repealing Sections 2-105.1 and 2-105.2. | ||||||
21 | Section 5-89. The Innovation Development and Economy Act | ||||||
22 | is amended by changing Sections 20, 30, and 50 as follows: | ||||||
23 | (50 ILCS 470/20)
|
| |||||||
| |||||||
1 | Sec. 20. Approval of STAR bond projects. The governing | ||||||
2 | body of a political subdivision may establish one or more STAR | ||||||
3 | bond projects in any STAR bond district. A STAR bond project | ||||||
4 | which is partially outside the boundaries of a municipality | ||||||
5 | must also be approved by the governing body of the county by | ||||||
6 | resolution. | ||||||
7 | (a) After the establishment of a STAR bond district, the | ||||||
8 | master developer may propose one or more STAR bond projects to | ||||||
9 | a political subdivision and the master developer shall, in | ||||||
10 | cooperation with the political subdivision, prepare a STAR | ||||||
11 | bond project plan in consultation with the planning commission | ||||||
12 | of the political subdivision, if any. The STAR bond project | ||||||
13 | plan may be implemented in separate development stages.
| ||||||
14 | (b) Any political subdivision considering a STAR bond | ||||||
15 | project within a STAR bond district shall notify the | ||||||
16 | Department, which shall cause to be prepared an independent | ||||||
17 | feasibility study by a feasibility consultant with certified | ||||||
18 | copies provided to the political subdivision, the Director, | ||||||
19 | and the Department of Commerce and Economic Opportunity. The | ||||||
20 | feasibility study shall include the following: | ||||||
21 | (1) the estimated amount of pledged STAR revenues | ||||||
22 | expected to be collected in each year through the maturity | ||||||
23 | date of the proposed STAR bonds;
| ||||||
24 | (2) a statement of how the jobs and taxes obtained | ||||||
25 | from the STAR bond project will contribute significantly | ||||||
26 | to the economic development of the State and region;
|
| |||||||
| |||||||
1 | (3) visitation expectations;
| ||||||
2 | (4) the unique quality of the project; | ||||||
3 | (5) an economic impact study;
| ||||||
4 | (6) a market study;
| ||||||
5 | (7) integration and collaboration with other resources | ||||||
6 | or businesses;
| ||||||
7 | (8) the quality of service and experience provided, as | ||||||
8 | measured against national consumer standards for the | ||||||
9 | specific target market;
| ||||||
10 | (9) project accountability, measured according to best | ||||||
11 | industry practices;
| ||||||
12 | (10) the expected return on State and local investment | ||||||
13 | that the STAR bond project is anticipated to produce; and
| ||||||
14 | (11) an anticipated principal and interest payment | ||||||
15 | schedule on the STAR bonds.
| ||||||
16 | The feasibility consultant, along with the independent | ||||||
17 | economist and any other consultants commissioned to perform | ||||||
18 | the studies and other analysis required by the feasibility | ||||||
19 | study, shall be selected by the Director with the approval of | ||||||
20 | the political subdivision. The consultants shall be retained | ||||||
21 | by the
Director and the Department shall be reimbursed by the | ||||||
22 | master
developer for the costs to retain the consultants. | ||||||
23 | The failure to include all information enumerated in this | ||||||
24 | subsection in the feasibility study for a STAR bond project | ||||||
25 | shall not affect the validity of STAR bonds issued pursuant to | ||||||
26 | this Act.
|
| |||||||
| |||||||
1 | (c) If the political subdivision determines the STAR bond | ||||||
2 | project is feasible, the STAR bond project plan shall include: | ||||||
3 | (1) a summary of the feasibility study;
| ||||||
4 | (2) a reference to the STAR bond district plan that | ||||||
5 | identifies the STAR bond project area that is set forth in | ||||||
6 | the STAR bond project plan that is being considered;
| ||||||
7 | (3) a legal description and map of the STAR bond | ||||||
8 | project area to be developed or redeveloped;
| ||||||
9 | (4) a description of the buildings and facilities | ||||||
10 | proposed to be constructed or improved in such STAR bond | ||||||
11 | project area, including destination users and an | ||||||
12 | entertainment user, as applicable; | ||||||
13 | (5) a copy of letters of intent to locate within the | ||||||
14 | STAR bond district signed by both the master developer and | ||||||
15 | the appropriate corporate officer of at least one | ||||||
16 | destination user for the first STAR bond project proposed | ||||||
17 | within the district; and | ||||||
18 | (6) any other information the governing body of the | ||||||
19 | political subdivision deems reasonable and necessary to | ||||||
20 | advise the public of the intent of the STAR bond project | ||||||
21 | plan. | ||||||
22 | (d) Before a political subdivision may hold a public
| ||||||
23 | hearing to consider a STAR bond project plan, the political | ||||||
24 | subdivision must apply to the Department for approval of the | ||||||
25 | STAR
bond project plan. An application for approval of a STAR | ||||||
26 | bond
project plan must not be approved unless all of the |
| |||||||
| |||||||
1 | components of
the feasibility study set forth in items (1) | ||||||
2 | through (11) of subsection
(b) have been completed and | ||||||
3 | submitted to the Department for
review. In addition to | ||||||
4 | reviewing all of the other elements of the
STAR bond project | ||||||
5 | plan required under subsection (c), which must
be included in | ||||||
6 | the application (which plan must include a letter or
letters | ||||||
7 | of intent as required under subdivision (c)(5) in order to
| ||||||
8 | receive Director approval), the Director must review the | ||||||
9 | feasibility
study and consider all of the components of the | ||||||
10 | feasibility study set
forth in items (1) through (11) of | ||||||
11 | subsection (b) of Section 20,
including without limitation the | ||||||
12 | economic impact study and the
financial benefit of the | ||||||
13 | proposed STAR bond project to the local,
regional, and State | ||||||
14 | economies, the proposed adverse impacts on
similar businesses | ||||||
15 | and projects as well as municipalities within the
market area, | ||||||
16 | and the net effect of the proposed STAR bond project
on the | ||||||
17 | local, regional, and State economies. In addition to the
| ||||||
18 | economic impact study, the political subdivision must also | ||||||
19 | submit to
the Department, as part of its application, the | ||||||
20 | financial and other
information that substantiates the basis | ||||||
21 | for the conclusion of the
economic impact study, in the form | ||||||
22 | and manner as required by the
Department, so that the | ||||||
23 | Department can verify the results of the
study. In addition to | ||||||
24 | any other criteria in this subsection, to approve
the STAR | ||||||
25 | bond project plan, the Director must be satisfied that the
| ||||||
26 | proposed destination user is in fact a true destination user |
| |||||||
| |||||||
1 | and also
find that the STAR bond project plan is in accordance | ||||||
2 | with the
purpose of this Act and the public interest. The | ||||||
3 | Director shall either
approve or deny the STAR bond project | ||||||
4 | plan based on the criteria in
this subsection. In granting its | ||||||
5 | approval, the Department may require the political subdivision | ||||||
6 | to execute a binding agreement or memorandum of understanding | ||||||
7 | with the State. The terms of the agreement or memorandum may | ||||||
8 | include, among other things, the political subdivision's | ||||||
9 | repayment of the State sales tax increment distributed to it | ||||||
10 | should any violation of the agreement or memorandum or this | ||||||
11 | Act occur. | ||||||
12 | (e) Upon a finding by the planning and zoning commission | ||||||
13 | of the political subdivision that the STAR bond project plan | ||||||
14 | is consistent with the intent of the comprehensive plan for | ||||||
15 | the development of the political subdivision and upon issuance | ||||||
16 | of written approval of the STAR bond project plan from the | ||||||
17 | Director pursuant to subsection (d) of Section 20, the | ||||||
18 | governing body of the political subdivision shall adopt a | ||||||
19 | resolution stating that the political subdivision is | ||||||
20 | considering the adoption of the STAR bond project plan. The | ||||||
21 | resolution shall:
| ||||||
22 | (1) give notice that a public hearing will be held to | ||||||
23 | consider the adoption of the STAR bond project plan and | ||||||
24 | fix the date, hour, and place of the public hearing;
| ||||||
25 | (2) describe the general boundaries of the STAR bond | ||||||
26 | district within which the STAR bond project will be |
| |||||||
| |||||||
1 | located and the date of establishment of the STAR bond | ||||||
2 | district;
| ||||||
3 | (3) describe the general boundaries of the area | ||||||
4 | proposed to be included within the STAR bond project area;
| ||||||
5 | (4) provide that the STAR bond project plan and map of | ||||||
6 | the area to be redeveloped or developed are available for | ||||||
7 | inspection during regular office hours in the offices of | ||||||
8 | the political subdivision; and
| ||||||
9 | (5) contain a summary of the terms and conditions of | ||||||
10 | any proposed project development agreement with the | ||||||
11 | political subdivision.
| ||||||
12 | (f) A public hearing shall be conducted to consider the | ||||||
13 | adoption of any STAR bond project plan. | ||||||
14 | (1) The date fixed for the public hearing to consider | ||||||
15 | the adoption of the STAR bond project plan shall be not | ||||||
16 | less than 20 nor more than 90 days following the date of | ||||||
17 | the adoption of the resolution fixing the date of the | ||||||
18 | hearing.
| ||||||
19 | (2) A copy of the political subdivision's resolution | ||||||
20 | providing for the public hearing shall be sent by | ||||||
21 | certified mail, return receipt requested, to the governing | ||||||
22 | body of the county. A copy of the political subdivision's | ||||||
23 | resolution providing for the public hearing shall be sent | ||||||
24 | by certified mail, return receipt requested, to each | ||||||
25 | person or persons in whose name the general taxes for the | ||||||
26 | last preceding year were paid on each parcel of land lying |
| |||||||
| |||||||
1 | within the proposed STAR bond project area within 10 days | ||||||
2 | following the date of the adoption of the resolution. The | ||||||
3 | resolution shall be published once in a newspaper of | ||||||
4 | general circulation in the political subdivision not less | ||||||
5 | than one week nor more than 3 weeks preceding the date | ||||||
6 | fixed for the public hearing. A map or aerial photo | ||||||
7 | clearly delineating the area of land proposed to be | ||||||
8 | included within the STAR bond project area shall be | ||||||
9 | published with the resolution.
| ||||||
10 | (3) The hearing shall be held at a location that is | ||||||
11 | within 20 miles of the STAR bond district, in a facility | ||||||
12 | that can accommodate a large crowd, and in a facility that | ||||||
13 | is accessible to persons with disabilities. | ||||||
14 | (4) At the public hearing, a representative of the | ||||||
15 | political subdivision or master developer shall present | ||||||
16 | the STAR bond project plan. Following the presentation of | ||||||
17 | the STAR bond project plan, all interested persons shall | ||||||
18 | be given an opportunity to be heard. The governing body | ||||||
19 | may continue the date and time of the public hearing.
| ||||||
20 | (g) Upon conclusion of the public hearing, the governing | ||||||
21 | body of the political subdivision may adopt the STAR bond | ||||||
22 | project plan by a resolution approving the STAR bond project | ||||||
23 | plan.
| ||||||
24 | (h) After the adoption by the corporate authorities of the | ||||||
25 | political subdivision of a STAR bond project plan, the | ||||||
26 | political subdivision may enter into a project development |
| |||||||
| |||||||
1 | agreement if the master developer has requested the political | ||||||
2 | subdivision to be a party to the project development agreement | ||||||
3 | pursuant to subsection (b) of Section 25.
| ||||||
4 | (i) Within 30 days after the adoption by the political | ||||||
5 | subdivision of a STAR bond project plan, the clerk of the | ||||||
6 | political subdivision shall transmit a copy of the legal | ||||||
7 | description of the land and a list of all new and existing | ||||||
8 | mailing addresses within the STAR bond district, a copy of the | ||||||
9 | resolution adopting the STAR bond project plan, and a map or | ||||||
10 | plat indicating the boundaries of the STAR bond project area | ||||||
11 | to the clerk, treasurer, and governing body of the county and | ||||||
12 | to the Department of Revenue. Within 30 days of creation of any | ||||||
13 | new mailing addresses within a STAR bond district, the clerk | ||||||
14 | of the political subdivision shall provide written notice of | ||||||
15 | such new addresses to the Department of Revenue. | ||||||
16 | If a certified copy of the resolution adopting the STAR | ||||||
17 | bond project plan is filed with the Department on or before the | ||||||
18 | first day of April, the Department, if all other requirements | ||||||
19 | of this subsection are met, shall proceed to collect and | ||||||
20 | allocate any local sales tax increment and any State sales tax | ||||||
21 | increment in accordance with the provisions of this Act as of | ||||||
22 | the first day of July next following the adoption and filing. | ||||||
23 | If a certified copy of the resolution adopting the STAR bond | ||||||
24 | project plan is filed with the Department after April 1 but on | ||||||
25 | or before the first day of October, the Department, if all | ||||||
26 | other requirements of this subsection are met, shall proceed |
| |||||||
| |||||||
1 | to collect and allocate any local sales tax increment and any | ||||||
2 | State sales tax increment in accordance with the provisions of | ||||||
3 | this Act as of the first day of January next following the | ||||||
4 | adoption and filing. | ||||||
5 | Any substantial changes to a STAR bond project plan as | ||||||
6 | adopted shall be subject to a public hearing following | ||||||
7 | publication of notice thereof in a newspaper of general | ||||||
8 | circulation in the political subdivision and approval by | ||||||
9 | resolution of the governing body of the political subdivision. | ||||||
10 | The Department of Revenue shall not collect or allocate | ||||||
11 | any local sales tax increment or State sales tax increment | ||||||
12 | until the political subdivision also provides, in the manner | ||||||
13 | prescribed by the Department, the boundaries of the STAR bond | ||||||
14 | project area and each address in the STAR bond project area in | ||||||
15 | such a way that the Department can determine by its address | ||||||
16 | whether a business is located in the STAR bond project area. | ||||||
17 | The political subdivision must provide this boundary and | ||||||
18 | address information to the Department on or before April 1 for | ||||||
19 | administration and enforcement under this Act by the | ||||||
20 | Department beginning on the following July 1 and on or before | ||||||
21 | October 1 for administration and enforcement under this Act by | ||||||
22 | the Department beginning on the following January 1. The | ||||||
23 | Department of Revenue shall not administer or enforce any | ||||||
24 | change made to the boundaries of a STAR bond project or any | ||||||
25 | address change, addition, or deletion until the political | ||||||
26 | subdivision reports the boundary change or address change, |
| |||||||
| |||||||
1 | addition, or deletion to the Department in the manner | ||||||
2 | prescribed by the Department. The political subdivision must | ||||||
3 | provide this boundary change or address change, addition, or | ||||||
4 | deletion information to the Department on or before April 1 | ||||||
5 | for administration and enforcement by the Department of the | ||||||
6 | change, addition, or deletion beginning on the following July | ||||||
7 | 1 and on or before October 1 for administration and | ||||||
8 | enforcement by the Department of the change, addition, or | ||||||
9 | deletion beginning on the following January 1. If a retailer | ||||||
10 | is incorrectly included or excluded from the list of those | ||||||
11 | located in the STAR bond project, the Department of Revenue | ||||||
12 | shall be held harmless if it reasonably relied on information | ||||||
13 | provided by the political subdivision. | ||||||
14 | (j) Any STAR bond project must be approved by the | ||||||
15 | political subdivision prior to that date which is 23 years | ||||||
16 | from the date of the approval of the STAR bond district, | ||||||
17 | provided however that any amendments to such STAR bond project | ||||||
18 | may occur following such date.
| ||||||
19 | (k) Any developer of a STAR bond project shall commence | ||||||
20 | work on the STAR bond project within 3 years from the date of | ||||||
21 | adoption of the STAR bond project plan. If the developer fails | ||||||
22 | to commence work on the STAR bond project within the 3-year | ||||||
23 | period, funding for the project shall cease and the developer | ||||||
24 | of the project or complex shall have one year to appeal to the | ||||||
25 | political subdivision for reapproval of the project and | ||||||
26 | funding. If the project is reapproved, the 3-year period for |
| |||||||
| |||||||
1 | commencement shall begin again on the date of the reapproval.
| ||||||
2 | (l) After the adoption by the corporate authorities of the | ||||||
3 | political subdivision of a STAR bond project plan and approval | ||||||
4 | of the Director pursuant to subsection (d) of Section 20, the | ||||||
5 | political subdivision may authorize the issuance of the STAR | ||||||
6 | bonds in one or more series to finance the STAR bond project in | ||||||
7 | accordance with the provisions of this Act. | ||||||
8 | (m) The maximum maturity of STAR bonds issued to finance a | ||||||
9 | STAR bond project shall not exceed 23 years from the first date | ||||||
10 | of distribution of State sales tax revenues from such STAR | ||||||
11 | bond project to the political subdivision unless the political | ||||||
12 | subdivision extends such maturity by resolution up to a | ||||||
13 | maximum of 35 years from such first distribution date. Any | ||||||
14 | such extension shall require the approval of the Director. In | ||||||
15 | no event shall the maximum maturity date for any STAR bonds | ||||||
16 | exceed that date which is 35 years from the first distribution | ||||||
17 | date of the first STAR bonds issued in a STAR bond district.
| ||||||
18 | (Source: P.A. 96-939, eff. 6-24-10.) | ||||||
19 | (50 ILCS 470/30)
| ||||||
20 | Sec. 30. STAR bonds; source of payment. Any political | ||||||
21 | subdivision shall have the power to issue STAR bonds in one or | ||||||
22 | more series to finance the undertaking of any STAR bond | ||||||
23 | project in accordance with the provisions of this Act and the | ||||||
24 | Omnibus Bond Acts. STAR bonds may be issued as revenue bonds, | ||||||
25 | alternate bonds, or general obligation bonds as defined in and |
| |||||||
| |||||||
1 | subject to the procedures provided in the Local Government | ||||||
2 | Debt Reform Act. | ||||||
3 | (a) STAR bonds may be made payable, both as to principal | ||||||
4 | and interest, from the following revenues, which to the extent | ||||||
5 | pledged by each respective political subdivision or other | ||||||
6 | public entity for such purpose shall constitute pledged STAR | ||||||
7 | revenues:
| ||||||
8 | (1) revenues of the political subdivision derived from | ||||||
9 | or held in connection with the undertaking and carrying | ||||||
10 | out of any STAR bond project or projects under this Act;
| ||||||
11 | (2) available private funds and contributions, grants, | ||||||
12 | tax credits, or other financial assistance from the State | ||||||
13 | or federal government;
| ||||||
14 | (3) STAR bond occupation taxes created pursuant to | ||||||
15 | Section 31 and designated as pledged STAR revenues by the | ||||||
16 | political subdivision; | ||||||
17 | (4) all of the local sales tax increment of a | ||||||
18 | municipality, county, or other unit of local government;
| ||||||
19 | (5) any special service area taxes collected within | ||||||
20 | the STAR bond district under the Special Service Area Tax | ||||||
21 | Act, may be used for the purposes of funding project costs | ||||||
22 | or paying debt service on STAR bonds in addition to the | ||||||
23 | purposes contained in the special service area plan;
| ||||||
24 | (6) all of the State sales tax increment; | ||||||
25 | (7) any other revenues appropriated by the political | ||||||
26 | subdivision; and |
| |||||||
| |||||||
1 | (8) any combination of these methods.
| ||||||
2 | (b) The political subdivision may pledge the pledged STAR | ||||||
3 | revenues to the repayment of STAR bonds prior to, | ||||||
4 | simultaneously with, or subsequent to the issuance of the STAR | ||||||
5 | bonds.
| ||||||
6 | (c) Bonds issued as revenue bonds shall not be general | ||||||
7 | obligations of the political subdivision, nor in any event | ||||||
8 | shall they give rise to a charge against its general credit or | ||||||
9 | taxing powers, or be payable out of any funds or properties | ||||||
10 | other than those set forth in subsection (a) and the bonds | ||||||
11 | shall so state on their face.
| ||||||
12 | (d) For each STAR bond project financed with STAR bonds | ||||||
13 | payable from the pledged STAR revenues, the political | ||||||
14 | subdivision shall prepare and submit to the Department of | ||||||
15 | Revenue by June 1 of each year a report describing the status | ||||||
16 | of the STAR bond project, any expenditures of the proceeds of | ||||||
17 | STAR bonds that have occurred for the preceding calendar year, | ||||||
18 | and any expenditures of the proceeds of the bonds expected to | ||||||
19 | occur in the future, including the amount of pledged STAR | ||||||
20 | revenue, the amount of revenue that has been spent, the | ||||||
21 | projected amount of the revenue, and the anticipated use of | ||||||
22 | the revenue.
Each annual report shall be accompanied by an | ||||||
23 | affidavit of the master developer certifying the contents of | ||||||
24 | the report as true to the best of the master developer's | ||||||
25 | knowledge. The Department of Revenue shall have the right, but | ||||||
26 | not the obligation, to request the Illinois Auditor General to |
| |||||||
| |||||||
1 | review the annual report and the political subdivision's | ||||||
2 | records containing the source information for the report for | ||||||
3 | the purpose of verifying the report's contents. If the | ||||||
4 | Illinois Auditor General declines the request for review, the | ||||||
5 | Department of Revenue shall have the right to select an | ||||||
6 | independent third-party auditor to conduct an audit of the | ||||||
7 | annual report and the political subdivision's records | ||||||
8 | containing the source information for the report. The | ||||||
9 | reasonable cost of the audit shall be paid by the master | ||||||
10 | developer. The master development agreement shall grant the | ||||||
11 | Department of Revenue and the Illinois Auditor General the | ||||||
12 | right to review the records of the political subdivision | ||||||
13 | containing the source information for the report. | ||||||
14 | (e) There is created in the State treasury a special fund | ||||||
15 | to be known as the STAR Bonds Revenue Fund. As soon as possible | ||||||
16 | after the first day of each month, beginning January 1, 2011, | ||||||
17 | upon certification of the Department of Revenue, the | ||||||
18 | Comptroller shall order transferred, and the Treasurer shall | ||||||
19 | transfer, from the General Revenue Fund to the STAR Bonds | ||||||
20 | Revenue Fund the State sales tax increment for the second | ||||||
21 | preceding month, less 3% of that amount, which shall be | ||||||
22 | transferred into the Tax Compliance and Administration Fund | ||||||
23 | and shall be used by the Department, subject to appropriation, | ||||||
24 | to cover the costs of the Department in administering the | ||||||
25 | Innovation Development and Economy Act. As soon as possible | ||||||
26 | after the first day of each month, beginning January 1, 2011, |
| |||||||
| |||||||
1 | upon certification of the Department of Revenue, the | ||||||
2 | Comptroller shall order transferred, and the Treasurer shall | ||||||
3 | transfer, from the Local Government Tax Fund to the STAR Bonds | ||||||
4 | Revenue Fund the local sales tax increment for the second | ||||||
5 | preceding month, as provided in Section 6z-18 of the State | ||||||
6 | Finance Act and from the County and Mass Transit District Fund | ||||||
7 | to the STAR Bonds Revenue Fund the local sales tax increment | ||||||
8 | for the second preceding month, as provided in Section 6z-20 | ||||||
9 | of the State Finance Act. | ||||||
10 | On or before the 25th day of each calendar month, | ||||||
11 | beginning on January 1, 2011, the Department shall prepare and | ||||||
12 | certify to the Comptroller the disbursement of stated sums of | ||||||
13 | money out of the STAR Bonds Revenue Fund to named | ||||||
14 | municipalities and counties, the municipalities and counties | ||||||
15 | to be those entitled to distribution of taxes or penalties | ||||||
16 | paid to the Department during the second preceding calendar | ||||||
17 | month. The amount to be paid to each municipality or county | ||||||
18 | shall be the amount of the State sales tax increment and the | ||||||
19 | local sales tax increment (not including credit memoranda or | ||||||
20 | the amount transferred into the Tax Compliance and | ||||||
21 | Administration Fund) collected during the second preceding | ||||||
22 | calendar month by the Department from retailers and servicemen | ||||||
23 | on transactions at places of business located within a STAR | ||||||
24 | bond district in that municipality or county, plus an amount | ||||||
25 | the Department determines is necessary to offset any amounts | ||||||
26 | which were erroneously paid to a different taxing body, and |
| |||||||
| |||||||
1 | not including an amount equal to the amount of refunds made | ||||||
2 | during the second preceding calendar month by the Department, | ||||||
3 | and not including any amount which the Department determines | ||||||
4 | is necessary to offset any amounts which are payable to a | ||||||
5 | different taxing body but were erroneously paid to the | ||||||
6 | municipality or county. Within 10 days after receipt, by the | ||||||
7 | Comptroller, of the disbursement certification to the | ||||||
8 | municipalities and counties, provided for in this Section to | ||||||
9 | be given to the Comptroller by the Department, the Comptroller | ||||||
10 | shall cause the orders to be drawn for the respective amounts | ||||||
11 | in accordance with the directions contained in such | ||||||
12 | certification. | ||||||
13 | When certifying the amount of monthly disbursement to a | ||||||
14 | municipality or county under this subsection, the Department | ||||||
15 | shall increase or decrease that amount by an amount necessary | ||||||
16 | to offset any misallocation of previous disbursements. The | ||||||
17 | offset amount shall be the amount erroneously disbursed within | ||||||
18 | the 6 months preceding the time a misallocation is discovered. | ||||||
19 | The corporate authorities of the political subdivision | ||||||
20 | shall deposit the proceeds for the STAR Bonds Revenue Fund | ||||||
21 | into a special fund of the political subdivision called the | ||||||
22 | "(Name of political subdivision) STAR Bond District Revenue | ||||||
23 | Fund" for the purpose of paying or reimbursing STAR bond | ||||||
24 | project costs and obligations incurred in the payment of those | ||||||
25 | costs. | ||||||
26 | If the political subdivision fails to issue STAR bonds |
| |||||||
| |||||||
1 | within 180 days after the first distribution to the political | ||||||
2 | subdivision from the STAR Bonds Revenue Fund, the Department | ||||||
3 | of Revenue shall cease distribution of the State sales tax | ||||||
4 | increment to the political subdivision, shall transfer any | ||||||
5 | State sales tax increment in the STAR Bonds Revenue Fund to the | ||||||
6 | General Revenue Fund, and shall cease deposits of State sales | ||||||
7 | tax increment amounts into the STAR Bonds Revenue Fund. The | ||||||
8 | political subdivision shall repay all of the State sales tax | ||||||
9 | increment distributed to the political subdivision to date, | ||||||
10 | which amounts shall be deposited into the General Revenue | ||||||
11 | Fund. If not repaid within 90 days after notice from the State, | ||||||
12 | the Department of Revenue shall withhold distributions to the | ||||||
13 | political subdivision from the Local Government Tax Fund until | ||||||
14 | the excess amount is repaid, which withheld amounts shall be | ||||||
15 | transferred to the General Revenue Fund. At such time as the | ||||||
16 | political subdivision notifies the Department of Revenue in | ||||||
17 | writing that it has issued STAR Bonds in accordance with this | ||||||
18 | Act and provides the Department with a copy of the political | ||||||
19 | subdivision's official statement, bond purchase agreements, | ||||||
20 | indenture, or other evidence of bond sale, the Department of | ||||||
21 | Revenue shall resume deposits of the State sales tax increment | ||||||
22 | into the STAR Bonds Revenue Fund and distribution of the State | ||||||
23 | sales tax increment to the political subdivision in accordance | ||||||
24 | with this Section. | ||||||
25 | (f) As of the seventh anniversary of the first date of | ||||||
26 | distribution of State sales tax revenues from the first STAR |
| |||||||
| |||||||
1 | bond project in the STAR bond district, and as of every fifth | ||||||
2 | anniversary thereafter until final maturity of all STAR bonds | ||||||
3 | issued in a STAR bond district, the portion of the aggregate | ||||||
4 | proceeds of STAR bonds issued to date that is derived from the | ||||||
5 | State sales tax increment pledged to pay STAR bonds in any STAR | ||||||
6 | bond district shall not exceed 50% of the total development | ||||||
7 | costs in the STAR bond district to date. The Illinois Auditor | ||||||
8 | General shall make the foregoing determination on said seventh | ||||||
9 | anniversary and every 5 years thereafter until final maturity | ||||||
10 | of all STAR bonds issued in a STAR bond district. If at any | ||||||
11 | time after the seventh anniversary of the first date of | ||||||
12 | distribution of State sales tax revenues from the first STAR | ||||||
13 | bond project in the STAR bond district the Illinois Auditor | ||||||
14 | General determines that the portion of the aggregate proceeds | ||||||
15 | of STAR bonds issued to date that is derived from the State | ||||||
16 | sales tax increment pledged to pay STAR bonds in any STAR bond | ||||||
17 | district has exceeded 50% of the total development costs in | ||||||
18 | the STAR bond district, no additional STAR bonds may be issued | ||||||
19 | in the STAR bond district until the percentage is reduced to | ||||||
20 | 50% or below. When the percentage has been reduced to 50% or | ||||||
21 | below, the master developer shall have the right, at its own | ||||||
22 | cost, to obtain a new audit prepared by an independent | ||||||
23 | third-party auditor verifying compliance and shall provide | ||||||
24 | such audit to the Illinois Auditor General for review and | ||||||
25 | approval. Upon the Illinois Auditor General's determination | ||||||
26 | from the audit that the percentage has been reduced to 50% or |
| |||||||
| |||||||
1 | below, STAR bonds may again be issued in the STAR bond | ||||||
2 | district. | ||||||
3 | (g) Notwithstanding the provisions of the Tax Increment | ||||||
4 | Allocation Redevelopment Act, if any portion of property taxes | ||||||
5 | attributable to the increase in equalized assessed value | ||||||
6 | within a STAR bond district are, at the time of formation of | ||||||
7 | the STAR bond district, already subject to tax increment | ||||||
8 | financing under the Tax Increment Allocation Redevelopment | ||||||
9 | Act, then the tax increment for such portion shall be frozen at | ||||||
10 | the base year established in accordance with this Act, and all | ||||||
11 | future incremental increases over the base year shall not be | ||||||
12 | subject to tax increment financing under the Tax Increment | ||||||
13 | Allocation Redevelopment Act. Any party otherwise entitled to | ||||||
14 | receipt of incremental tax revenues through an existing tax | ||||||
15 | increment financing district shall be entitled to continue to | ||||||
16 | receive such revenues up to the amount frozen in the base year. | ||||||
17 | Nothing in this Act shall affect the prior qualification of | ||||||
18 | existing redevelopment project costs incurred that are | ||||||
19 | eligible for reimbursement under the Tax Increment Allocation | ||||||
20 | Redevelopment Act. In such event, prior to approving a STAR | ||||||
21 | bond district, the political subdivision forming the STAR bond | ||||||
22 | district shall take such action as is necessary, including | ||||||
23 | amending the existing tax increment financing district | ||||||
24 | redevelopment plan, to carry out the provisions of this Act.
| ||||||
25 | (Source: P.A. 96-939, eff. 6-24-10.) |
| |||||||
| |||||||
1 | (50 ILCS 470/50)
| ||||||
2 | Sec. 50. Reporting taxes. Notwithstanding any other | ||||||
3 | provisions of law to the contrary, the Department of Revenue | ||||||
4 | shall provide a certified report of the State sales tax | ||||||
5 | increment and local sales tax increment from all taxpayers | ||||||
6 | within a STAR bond district to the bond trustee, escrow agent, | ||||||
7 | or paying agent for such bonds upon the written request of the | ||||||
8 | political subdivision on or before the 25th day of each month. | ||||||
9 | Such report shall provide a detailed allocation of State sales | ||||||
10 | tax increment and local sales tax increment from each local | ||||||
11 | sales tax and State sales tax reported to the Department of | ||||||
12 | Revenue. | ||||||
13 | (a) The bond trustee, escrow agent, or paying agent shall | ||||||
14 | keep such sales and use tax reports and the information | ||||||
15 | contained therein confidential, but may use such information | ||||||
16 | for purposes of allocating and depositing the sales and use | ||||||
17 | tax revenues in connection with the bonds used to finance | ||||||
18 | project costs in such STAR bond district. Except as otherwise | ||||||
19 | provided herein, the sales and use tax reports received by the | ||||||
20 | bond trustee, escrow agent, or paying agent shall be subject | ||||||
21 | to the provisions of Chapter 35 of the Illinois Compiled | ||||||
22 | Statutes, including Section 3 of the Retailers' Occupation Tax | ||||||
23 | Act and Section 9 of the Use Tax Act. | ||||||
24 | (b) The political subdivision shall determine when the | ||||||
25 | amount of sales tax and other revenues that have been | ||||||
26 | collected and distributed to the bond debt service or reserve |
| |||||||
| |||||||
1 | fund is sufficient to satisfy all principal and interest costs | ||||||
2 | to the maturity date or dates of any STAR bond issued by a | ||||||
3 | political subdivision to finance a STAR bond project and shall | ||||||
4 | give the Department of Revenue written notice of such | ||||||
5 | determination. The notice shall include a date certain on | ||||||
6 | which deposits into the STAR Bonds Revenue Fund for that STAR | ||||||
7 | bond project shall terminate and shall be provided to the | ||||||
8 | Department of Revenue at least 60 days prior to that date. | ||||||
9 | Thereafter, all sales tax and other revenues shall be | ||||||
10 | collected and distributed in accordance with applicable law.
| ||||||
11 | If the political subdivision fails to give timely notice | ||||||
12 | under this subsection (b), the Department of Revenue, upon | ||||||
13 | discovery of this failure, shall cease distribution of the | ||||||
14 | State sales tax increment to the political subdivision, shall | ||||||
15 | transfer any State sales tax increment in the STAR Bonds | ||||||
16 | Revenue Fund to the General Revenue Fund, and shall cease | ||||||
17 | deposits of State sales tax increment amounts into the STAR | ||||||
18 | Bonds Revenue Fund. Any amount of State sales tax increment | ||||||
19 | distributed to the political subdivision from the STAR Bonds | ||||||
20 | Revenue Fund in excess of the amount sufficient to satisfy all | ||||||
21 | principal and interest costs to the maturity date or dates of | ||||||
22 | any STAR bond issued by the political subdivision to finance a | ||||||
23 | STAR bond project shall be repaid to the Department of Revenue | ||||||
24 | and deposited into the General Revenue Fund. If not repaid | ||||||
25 | within 90 days after notice from the State, the Department of | ||||||
26 | Revenue shall withhold distributions to the political |
| |||||||
| |||||||
1 | subdivision from the Local Government Tax Fund until the | ||||||
2 | excess amount is repaid, which withheld amounts shall be | ||||||
3 | transferred to the General Revenue Fund. | ||||||
4 | (Source: P.A. 96-939, eff. 6-24-10.) | ||||||
5 | Section 5-90. The Illinois Police Training Act is amended | ||||||
6 | by changing Section 6 as follows:
| ||||||
7 | (50 ILCS 705/6) (from Ch. 85, par. 506)
| ||||||
8 | Sec. 6. Powers and duties of the Board; selection and | ||||||
9 | certification of schools. The Board shall select
and certify | ||||||
10 | schools within the State of
Illinois for the purpose of | ||||||
11 | providing basic training for probationary law enforcement
| ||||||
12 | officers, probationary county corrections officers, and
court | ||||||
13 | security officers and
of providing advanced or in-service | ||||||
14 | training for permanent law enforcement officers
or permanent
| ||||||
15 | county corrections officers, which schools may be either | ||||||
16 | publicly or
privately owned and operated. In addition, the | ||||||
17 | Board has the following
power and duties:
| ||||||
18 | a. To require law enforcement agencies to furnish such | ||||||
19 | reports and
information as the Board deems necessary to | ||||||
20 | fully implement this Act.
| ||||||
21 | b. To establish appropriate mandatory minimum | ||||||
22 | standards
relating to the training of probationary local | ||||||
23 | law enforcement officers
or probationary county | ||||||
24 | corrections officers, and in-service training of permanent |
| |||||||
| |||||||
1 | law enforcement officers.
| ||||||
2 | c. To provide appropriate certification to those | ||||||
3 | probationary
officers who successfully complete the | ||||||
4 | prescribed minimum standard basic
training course.
| ||||||
5 | d. To review and approve annual training curriculum | ||||||
6 | for county sheriffs.
| ||||||
7 | e. To review and approve applicants to ensure that no | ||||||
8 | applicant is admitted
to a certified academy unless the | ||||||
9 | applicant is a person of good character
and has not been | ||||||
10 | convicted of, found guilty of, entered a plea of guilty | ||||||
11 | to, or entered a plea of nolo contendere to a felony | ||||||
12 | offense, any of the
misdemeanors in Sections 11-1.50, | ||||||
13 | 11-6, 11-6.5, 11-6.6, 11-9.1, 11-9.1B, 11-14, 11-14.1, | ||||||
14 | 11-30, 12-2, 12-3.2, 12-3.4, 12-3.5, 16-1,
17-1, 17-2, | ||||||
15 | 26.5-1, 26.5-2, 26.5-3, 28-3, 29-1, any misdemeanor in | ||||||
16 | violation of any Section of Part E of Title III of the | ||||||
17 | Criminal Code of 1961 or the Criminal Code of 2012, or | ||||||
18 | subsection (a) of Section 17-32 of the Criminal Code of | ||||||
19 | 1961 or the Criminal Code of 2012, or Section 5 or 5.2 of | ||||||
20 | the Cannabis Control Act, or a crime involving
moral
| ||||||
21 | turpitude under the laws of this State or any other state | ||||||
22 | which if
committed in this State would be punishable as a | ||||||
23 | felony or a crime of
moral turpitude, or any felony or | ||||||
24 | misdemeanor in violation of federal law or the law of any | ||||||
25 | state that is the equivalent of any of the offenses | ||||||
26 | specified therein. The Board may appoint investigators who |
| |||||||
| |||||||
1 | shall enforce
the duties conferred upon the Board by this | ||||||
2 | Act.
| ||||||
3 | For purposes of this paragraph e, a person is | ||||||
4 | considered to have been convicted of, found guilty of, or | ||||||
5 | entered a plea of guilty to, plea of nolo contendere to | ||||||
6 | regardless of whether the adjudication of guilt or | ||||||
7 | sentence is withheld or not entered thereon. This includes | ||||||
8 | sentences of supervision, conditional discharge, or first | ||||||
9 | offender probation, or any similar disposition provided | ||||||
10 | for by law. | ||||||
11 | f. To establish statewide standards for minimum | ||||||
12 | standards regarding regular mental health screenings for | ||||||
13 | probationary and permanent police officers, ensuring that | ||||||
14 | counseling sessions and screenings remain confidential. | ||||||
15 | g. To review and ensure all law enforcement officers | ||||||
16 | remain in compliance with this Act, and any administrative | ||||||
17 | rules adopted under this Act. | ||||||
18 | h. To suspend any certificate for a definite period, | ||||||
19 | limit or restrict any certificate, or revoke any | ||||||
20 | certificate. | ||||||
21 | i. The Board and the Panel shall have power to secure | ||||||
22 | by its subpoena and bring before it any person or entity in | ||||||
23 | this State and to take testimony either orally or by | ||||||
24 | deposition or both with the same fees and mileage and in | ||||||
25 | the same manner as prescribed by law in judicial | ||||||
26 | proceedings in civil cases in circuit courts of this |
| |||||||
| |||||||
1 | State. The Board and the Panel shall also have the power to | ||||||
2 | subpoena the production of documents, papers, files, | ||||||
3 | books, documents, and records, whether in physical or | ||||||
4 | electronic form, in support of the charges and for | ||||||
5 | defense, and in connection with a hearing or | ||||||
6 | investigation. | ||||||
7 | j. The Executive Director, the administrative law | ||||||
8 | judge designated by the Executive Director, and each | ||||||
9 | member of the Board and the Panel shall have the power to | ||||||
10 | administer oaths to witnesses at any hearing that the | ||||||
11 | Board is authorized to conduct under this Act and any | ||||||
12 | other oaths required or authorized to be administered by | ||||||
13 | the Board under this Act. | ||||||
14 | k. In case of the neglect or refusal of any person to | ||||||
15 | obey a subpoena issued by the Board and the Panel, any | ||||||
16 | circuit court, upon application of the Board and the | ||||||
17 | Panel, through the Illinois Attorney General, may order | ||||||
18 | such person to appear before the Board and the Panel give | ||||||
19 | testimony or produce evidence, and any failure to obey | ||||||
20 | such order is punishable by the court as a contempt | ||||||
21 | thereof. This order may be served by personal delivery, by | ||||||
22 | email, or by mail to the address of record or email address | ||||||
23 | of record. | ||||||
24 | l. The Board shall have the power to administer state | ||||||
25 | certification examinations. Any and all records related to | ||||||
26 | these examinations, including, but not limited to, test |
| |||||||
| |||||||
1 | questions, test formats, digital files, answer responses, | ||||||
2 | answer keys, and scoring information shall be exempt from | ||||||
3 | disclosure. | ||||||
4 | m. To make grants, subject to appropriation, to units
| ||||||
5 | of local government and public institutions of higher | ||||||
6 | education for the purposes of hiring and retaining law | ||||||
7 | enforcement officers. | ||||||
8 | n. To make grants, subject to appropriation, to local
| ||||||
9 | law enforcement agencies for costs associated with the | ||||||
10 | expansion and support of National Integrated Ballistic | ||||||
11 | Information Network (NIBIN) and other ballistic technology | ||||||
12 | equipment for ballistic testing. | ||||||
13 | (Source: P.A. 101-187, eff. 1-1-20; 101-652, Article 10, | ||||||
14 | Section 10-143, eff. 7-1-21; 101-652, Article 25, Section | ||||||
15 | 25-40, eff. 1-1-22; 102-687, eff. 12-17-21; 102-694, eff. | ||||||
16 | 1-7-22; 102-1115, eff. 1-9-23.) | ||||||
17 | Section 5-92. The Metropolitan Pier and Exposition | ||||||
18 | Authority Act is amended by changing Section 5 as follows: | ||||||
19 | (70 ILCS 210/5) (from Ch. 85, par. 1225) | ||||||
20 | Sec. 5. The Metropolitan Pier and Exposition Authority | ||||||
21 | shall also have the
following rights and powers: | ||||||
22 | (a) To accept from Chicago Park Fair, a corporation, | ||||||
23 | an assignment of
whatever sums of money it may have | ||||||
24 | received from the Fair and Exposition
Fund, allocated by |
| |||||||
| |||||||
1 | the Department of Agriculture of the State of Illinois,
| ||||||
2 | and Chicago Park Fair is hereby authorized to assign, set | ||||||
3 | over and transfer
any of those funds to the Metropolitan | ||||||
4 | Pier and Exposition Authority. The
Authority has the right | ||||||
5 | and power hereafter to receive sums as may be
distributed | ||||||
6 | to it by the Department of Agriculture of the State of | ||||||
7 | Illinois
from the Fair and Exposition Fund pursuant to the | ||||||
8 | provisions of Sections 5,
6i, and 28 of the State Finance | ||||||
9 | Act. All sums received by the Authority
shall be held in | ||||||
10 | the sole custody of the secretary-treasurer of the
| ||||||
11 | Metropolitan Pier and Exposition Board. | ||||||
12 | (b) To accept the assignment of, assume and execute | ||||||
13 | any contracts
heretofore entered into by Chicago Park | ||||||
14 | Fair. | ||||||
15 | (c) To acquire, own, construct, equip, lease, operate | ||||||
16 | and maintain
grounds, buildings and facilities to carry | ||||||
17 | out its corporate purposes and
duties, and to carry out or | ||||||
18 | otherwise provide for the recreational,
cultural, | ||||||
19 | commercial or residential development of Navy Pier, and to | ||||||
20 | fix
and collect just, reasonable and nondiscriminatory | ||||||
21 | charges for the use
thereof. The charges so collected | ||||||
22 | shall be made available to defray the
reasonable expenses | ||||||
23 | of the Authority and to pay the principal of and the
| ||||||
24 | interest upon any revenue bonds issued by the Authority. | ||||||
25 | The Authority
shall be subject to and comply with the Lake | ||||||
26 | Michigan and Chicago Lakefront
Protection Ordinance, the |
| |||||||
| |||||||
1 | Chicago Building Code, the Chicago Zoning
Ordinance, and | ||||||
2 | all ordinances and regulations of the City of Chicago
| ||||||
3 | contained in the following Titles of the Municipal Code of | ||||||
4 | Chicago:
Businesses, Occupations and Consumer Protection; | ||||||
5 | Health and Safety; Fire
Prevention; Public Peace, Morals | ||||||
6 | and Welfare; Utilities
and Environmental Protection; | ||||||
7 | Streets, Public Ways, Parks, Airports and
Harbors; | ||||||
8 | Electrical Equipment and Installation; Housing and | ||||||
9 | Economic
Development (only Chapter 5-4 thereof); and | ||||||
10 | Revenue and Finance (only so far
as such Title pertains to | ||||||
11 | the Authority's duty to collect taxes on behalf
of the | ||||||
12 | City of Chicago). | ||||||
13 | (d) To enter into contracts treating in any manner | ||||||
14 | with the objects and
purposes of this Act. | ||||||
15 | (e) To lease any buildings to the Adjutant General of | ||||||
16 | the State of
Illinois for the use of the Illinois National | ||||||
17 | Guard or the Illinois
Naval Militia. | ||||||
18 | (f) To exercise the right of eminent domain by | ||||||
19 | condemnation proceedings
in the manner provided by the | ||||||
20 | Eminent Domain Act,
including, with respect to Site B | ||||||
21 | only, the authority to exercise quick
take condemnation by | ||||||
22 | immediate vesting of title under Article 20 of the Eminent | ||||||
23 | Domain Act, to acquire any privately
owned real or | ||||||
24 | personal property and, with respect to Site B only, public
| ||||||
25 | property used for rail transportation purposes (but no | ||||||
26 | such taking of such
public property shall, in the |
| |||||||
| |||||||
1 | reasonable judgment of the owner, interfere
with such rail | ||||||
2 | transportation) for the lawful purposes of the Authority | ||||||
3 | in
Site A, at Navy Pier, and at Site B. Just compensation | ||||||
4 | for property taken
or acquired under this paragraph shall | ||||||
5 | be paid in money or, notwithstanding
any other provision | ||||||
6 | of this Act and with the agreement of the owner of the
| ||||||
7 | property to be taken or acquired, the Authority may convey | ||||||
8 | substitute
property or interests in property or enter into | ||||||
9 | agreements with the
property owner, including leases, | ||||||
10 | licenses, or concessions, with respect to
any property | ||||||
11 | owned by the Authority, or may provide for other lawful | ||||||
12 | forms
of just compensation to the owner. Any property | ||||||
13 | acquired in condemnation
proceedings shall be used only as | ||||||
14 | provided in this Act. Except as
otherwise provided by law, | ||||||
15 | the City of Chicago shall have a right of first
refusal | ||||||
16 | prior to any sale of any such property by the Authority to | ||||||
17 | a third
party other than substitute property. The | ||||||
18 | Authority shall develop and
implement a relocation plan | ||||||
19 | for businesses displaced as a result of the
Authority's | ||||||
20 | acquisition of property. The relocation plan shall be
| ||||||
21 | substantially similar to provisions of the Uniform | ||||||
22 | Relocation Assistance
and Real Property Acquisition Act | ||||||
23 | and regulations promulgated under that
Act relating to | ||||||
24 | assistance to displaced businesses. To implement the
| ||||||
25 | relocation plan the Authority may acquire property by | ||||||
26 | purchase or gift or
may exercise the powers authorized in |
| |||||||
| |||||||
1 | this subsection (f), except the
immediate vesting of title | ||||||
2 | under Article 20 of the Eminent Domain Act, to acquire | ||||||
3 | substitute private property within one mile
of Site B for | ||||||
4 | the benefit of displaced businesses located on property | ||||||
5 | being
acquired by the Authority. However, no such | ||||||
6 | substitute property may be
acquired by the Authority | ||||||
7 | unless the mayor of the municipality in which the
property | ||||||
8 | is located certifies in writing that the acquisition is | ||||||
9 | consistent
with the municipality's land use and economic | ||||||
10 | development policies and
goals. The acquisition of | ||||||
11 | substitute property is declared to be for public
use. In | ||||||
12 | exercising the powers authorized in this subsection (f), | ||||||
13 | the
Authority shall use its best efforts to relocate | ||||||
14 | businesses within the area
of McCormick Place or, failing | ||||||
15 | that, within the City of Chicago. | ||||||
16 | (g) To enter into contracts relating to construction | ||||||
17 | projects which
provide for the delivery by the contractor | ||||||
18 | of a completed project,
structure, improvement, or | ||||||
19 | specific portion thereof, for a fixed maximum
price, which | ||||||
20 | contract may provide that the delivery of the project,
| ||||||
21 | structure, improvement, or specific portion thereof, for | ||||||
22 | the fixed maximum
price is insured or guaranteed by a | ||||||
23 | third party capable of completing
the construction. | ||||||
24 | (h) To enter into agreements with any person with | ||||||
25 | respect to the use
and occupancy of the grounds, | ||||||
26 | buildings, and facilities of the Authority,
including |
| |||||||
| |||||||
1 | concession, license, and lease agreements on terms and | ||||||
2 | conditions as
the Authority determines. Notwithstanding | ||||||
3 | Section 24, agreements with respect
to the use and | ||||||
4 | occupancy of the grounds, buildings, and facilities of the
| ||||||
5 | Authority for a term of more than one year shall be entered | ||||||
6 | into in accordance
with the procurement process provided | ||||||
7 | for in Section 25.1. | ||||||
8 | (i) To enter into agreements with any person with | ||||||
9 | respect to the
operation and management of the grounds, | ||||||
10 | buildings, and facilities of the
Authority or the | ||||||
11 | provision of goods and services on terms and
conditions as | ||||||
12 | the Authority determines. | ||||||
13 | (j) After conducting the procurement process provided | ||||||
14 | for in Section 25.1,
to enter into one or more contracts to | ||||||
15 | provide for the design and
construction of all or part of | ||||||
16 | the Authority's Expansion Project grounds,
buildings, and | ||||||
17 | facilities. Any contract for design and construction of | ||||||
18 | the
Expansion Project shall be in the form authorized by | ||||||
19 | subsection (g), shall
be for a fixed maximum price not in | ||||||
20 | excess of the funds that are authorized
to be made | ||||||
21 | available
for those purposes during the term of the | ||||||
22 | contract, and shall be entered
into before commencement of | ||||||
23 | construction. | ||||||
24 | (k) To enter into agreements, including project | ||||||
25 | agreements with labor
unions, that the Authority deems | ||||||
26 | necessary to complete the Expansion Project
or any other |
| |||||||
| |||||||
1 | construction or improvement project in the most timely
and | ||||||
2 | efficient manner and without strikes, picketing, or other | ||||||
3 | actions that
might cause disruption or delay and thereby | ||||||
4 | add to the cost of the project. | ||||||
5 | (l) To provide incentives to organizations and | ||||||
6 | entities that agree to make use of the grounds, buildings, | ||||||
7 | and facilities of the Authority for conventions, meetings, | ||||||
8 | or trade shows. The incentives may take the form of | ||||||
9 | discounts from regular fees charged by the Authority, | ||||||
10 | subsidies for or assumption of the costs incurred with | ||||||
11 | respect to the convention, meeting, or trade show, or | ||||||
12 | other inducements. The Authority shall award incentives to | ||||||
13 | attract or retain conventions, meetings, and trade shows | ||||||
14 | under the terms set forth in this subsection (l) from | ||||||
15 | amounts appropriated to the Authority from the | ||||||
16 | Metropolitan Pier and Exposition Authority Incentive Fund | ||||||
17 | for this purpose. | ||||||
18 | No later than May 15 of each year, the Chief Executive | ||||||
19 | Officer of the Metropolitan Pier and Exposition Authority | ||||||
20 | shall certify to the State Comptroller and the State | ||||||
21 | Treasurer the amounts of incentive grant funds used , | ||||||
22 | including incentive grant funds used for future events | ||||||
23 | under the provisions of this Section, during the current | ||||||
24 | fiscal year to provide incentives for conventions, | ||||||
25 | meetings, or trade shows that: | ||||||
26 | (i) have been approved by the Authority, in |
| |||||||
| |||||||
1 | consultation with an organization meeting the | ||||||
2 | qualifications set out in Section 5.6 of this Act, | ||||||
3 | provided the Authority has entered into a marketing | ||||||
4 | agreement with such an organization, | ||||||
5 | (ii)(A) for fiscal years prior to 2022 and after | ||||||
6 | 2024, demonstrate registered attendance (or projected | ||||||
7 | attendance for future events) in excess of 5,000 | ||||||
8 | individuals or in excess of 10,000 individuals, as | ||||||
9 | appropriate; | ||||||
10 | (B) for fiscal years 2022 through 2024, | ||||||
11 | demonstrate registered attendance (or projected | ||||||
12 | attendance for future events) in excess of 3,000 | ||||||
13 | individuals or in excess of 5,000 individuals, as | ||||||
14 | appropriate; or | ||||||
15 | (C) for fiscal years 2022 and 2023, regardless of | ||||||
16 | registered attendance, demonstrate incurrence of costs | ||||||
17 | associated with mitigation of COVID-19, including, but | ||||||
18 | not limited to, costs for testing and screening, | ||||||
19 | contact tracing and notification, personal protective | ||||||
20 | equipment, and other physical and organizational | ||||||
21 | costs, and | ||||||
22 | (iii) in the case of subparagraphs (A) and (B) of | ||||||
23 | paragraph (ii), but for the incentive, would not have | ||||||
24 | used (or, in the case of a future event, committed to | ||||||
25 | use) the facilities of the Authority for the | ||||||
26 | convention, meeting, or trade show. The State |
| |||||||
| |||||||
1 | Comptroller may request that the Auditor General | ||||||
2 | conduct an audit of the accuracy of the certification. | ||||||
3 | If the State Comptroller determines by this process of | ||||||
4 | certification that incentive funds, in whole or in | ||||||
5 | part, were disbursed by the Authority by means other | ||||||
6 | than in accordance with the standards of this | ||||||
7 | subsection (l), then any amount transferred to the | ||||||
8 | Metropolitan Pier and Exposition Authority Incentive | ||||||
9 | Fund shall be reduced during the next subsequent | ||||||
10 | transfer in direct proportion to that amount | ||||||
11 | determined to be in violation of the terms set forth in | ||||||
12 | this subsection (l). | ||||||
13 | On July 15, 2012, the Comptroller shall order | ||||||
14 | transferred, and the Treasurer shall transfer, into the | ||||||
15 | Metropolitan Pier and Exposition Authority Incentive Fund | ||||||
16 | from the General Revenue Fund the sum of $7,500,000 plus | ||||||
17 | an amount equal to the incentive grant funds certified by | ||||||
18 | the Chief Executive Officer as having been lawfully paid | ||||||
19 | under the provisions of this Section in the previous 2 | ||||||
20 | fiscal years that have not otherwise been transferred into | ||||||
21 | the Metropolitan Pier and Exposition Authority Incentive | ||||||
22 | Fund, provided that transfers in excess of $15,000,000 | ||||||
23 | shall not be made in any fiscal year. | ||||||
24 | On July 15, 2013, the Comptroller shall order | ||||||
25 | transferred, and the Treasurer shall transfer, into the | ||||||
26 | Metropolitan Pier and Exposition Authority Incentive Fund |
| |||||||
| |||||||
1 | from the General Revenue Fund the sum of $7,500,000 plus | ||||||
2 | an amount equal to the incentive grant funds certified by | ||||||
3 | the Chief Executive Officer as having been lawfully paid | ||||||
4 | under the provisions of this Section in the previous | ||||||
5 | fiscal year that have not otherwise been transferred into | ||||||
6 | the Metropolitan Pier and Exposition Authority Incentive | ||||||
7 | Fund, provided that transfers in excess of $15,000,000 | ||||||
8 | shall not be made in any fiscal year. | ||||||
9 | On July 15, 2014, and every year thereafter, the | ||||||
10 | Comptroller shall order transferred, and the Treasurer | ||||||
11 | shall transfer, into the Metropolitan Pier and Exposition | ||||||
12 | Authority Incentive Fund from the General Revenue Fund an | ||||||
13 | amount equal to the incentive grant funds certified by the | ||||||
14 | Chief Executive Officer as (i) having been lawfully paid | ||||||
15 | under the provisions of this Section in the previous | ||||||
16 | fiscal year or incurred by the Authority for a future | ||||||
17 | event under the provisions of this Section and (ii) that | ||||||
18 | have not otherwise having been been transferred into the | ||||||
19 | Metropolitan Pier and Exposition Authority Incentive Fund, | ||||||
20 | provided that (1) no transfers with respect to any | ||||||
21 | previous fiscal year shall be made after the transfer has | ||||||
22 | been made with respect to the 2017 fiscal year until the | ||||||
23 | transfer that is made for the 2022 fiscal year and | ||||||
24 | thereafter, and no transfers with respect to any previous | ||||||
25 | fiscal year shall be made after the transfer has been made | ||||||
26 | with respect to the 2026 fiscal year, and (2) transfers in |
| |||||||
| |||||||
1 | excess of $15,000,000 shall not be made in any fiscal | ||||||
2 | year. | ||||||
3 | After a transfer has been made under this subsection | ||||||
4 | (l), the Chief Executive Officer shall file a request for | ||||||
5 | payment with the Comptroller evidencing that the incentive | ||||||
6 | grants have been made and the Comptroller shall thereafter | ||||||
7 | order paid, and the Treasurer shall pay, the requested | ||||||
8 | amounts to the Metropolitan Pier and Exposition Authority. | ||||||
9 | Excluding any amounts related to the payment of costs | ||||||
10 | associated with the mitigation of COVID-19 in accordance | ||||||
11 | with this subsection (l), in no case shall more than | ||||||
12 | $5,000,000 be used in any one year by the Authority for | ||||||
13 | incentives granted to conventions, meetings, or trade | ||||||
14 | shows with a registered attendance (or projected | ||||||
15 | attendance for future events) of (1) more than 5,000 and | ||||||
16 | less than 10,000 prior to the 2022 fiscal year and after | ||||||
17 | the 2024 fiscal year and (2) more than 3,000 and less than | ||||||
18 | 5,000 for fiscal years 2022 through 2024. Amounts in the | ||||||
19 | Metropolitan Pier and Exposition Authority Incentive Fund | ||||||
20 | shall only be used by the Authority for incentives paid to | ||||||
21 | attract or retain conventions, meetings, and trade shows | ||||||
22 | as provided in this subsection (l). | ||||||
23 | "Future event" means a convention, meeting, or
trade show | ||||||
24 | that executed an agreement during the fiscal year to use the | ||||||
25 | facilities of the Authority after fiscal year 2026; provided | ||||||
26 | that the agreement is entered into with the Authority or with |
| |||||||
| |||||||
1 | an organization that meets the qualifications set out in | ||||||
2 | Section 5.6 of this Act and that has entered into a marketing | ||||||
3 | agreement with the Authority. | ||||||
4 | (l-5) The Village of Rosemont shall provide incentives | ||||||
5 | from amounts transferred into the Convention Center | ||||||
6 | Support Fund to retain and attract conventions, meetings, | ||||||
7 | or trade shows to the Donald E. Stephens Convention Center | ||||||
8 | under the terms set forth in this subsection (l-5). | ||||||
9 | No later than May 15 of each year, the Mayor of the | ||||||
10 | Village of Rosemont or his or her designee shall certify | ||||||
11 | to the State Comptroller and the State Treasurer the | ||||||
12 | amounts of incentive grant funds used during the previous | ||||||
13 | fiscal year to provide incentives for conventions, | ||||||
14 | meetings, or trade shows that (1) have been approved by | ||||||
15 | the Village, (2) demonstrate registered attendance in | ||||||
16 | excess of 5,000 individuals, and (3) but for the | ||||||
17 | incentive, would not have used the Donald E. Stephens | ||||||
18 | Convention Center facilities for the convention, meeting, | ||||||
19 | or trade show. The State Comptroller may request that the | ||||||
20 | Auditor General conduct an audit of the accuracy of the | ||||||
21 | certification. | ||||||
22 | If the State Comptroller determines by this process of | ||||||
23 | certification that incentive funds, in whole or in part, | ||||||
24 | were disbursed by the Village by means other than in | ||||||
25 | accordance with the standards of this subsection (l-5), | ||||||
26 | then the amount transferred to the Convention Center |
| |||||||
| |||||||
1 | Support Fund shall be reduced during the next subsequent | ||||||
2 | transfer in direct proportion to that amount determined to | ||||||
3 | be in violation of the terms set forth in this subsection | ||||||
4 | (l-5). | ||||||
5 | On July 15, 2012, and each year thereafter, the | ||||||
6 | Comptroller shall order transferred, and the Treasurer | ||||||
7 | shall transfer, into the Convention Center Support Fund | ||||||
8 | from the General Revenue Fund the amount of $5,000,000 for | ||||||
9 | (i) incentives to attract large conventions, meetings, and | ||||||
10 | trade shows to the Donald E. Stephens Convention Center, | ||||||
11 | and (ii) to be used by the Village of Rosemont for the | ||||||
12 | repair, maintenance, and improvement of the Donald E. | ||||||
13 | Stephens Convention Center and for debt service on debt | ||||||
14 | instruments issued for those purposes by the village. No | ||||||
15 | later than 30 days after the transfer, the Comptroller | ||||||
16 | shall order paid, and the Treasurer shall pay, to the | ||||||
17 | Village of Rosemont the amounts transferred. | ||||||
18 | (m) To enter into contracts with any person conveying | ||||||
19 | the naming rights or other intellectual property rights | ||||||
20 | with respect to the grounds, buildings, and facilities of | ||||||
21 | the Authority. | ||||||
22 | (n) To enter into grant agreements with the Chicago | ||||||
23 | Convention and Tourism Bureau providing for the marketing | ||||||
24 | of the convention facilities to large and small | ||||||
25 | conventions, meetings, and trade shows and the promotion | ||||||
26 | of the travel industry in the City of Chicago, provided |
| |||||||
| |||||||
1 | such agreements meet the requirements of Section 5.6 of | ||||||
2 | this Act. Receipts of the Authority from the increase in | ||||||
3 | the airport departure tax authorized in subsection (f) of | ||||||
4 | Section 13 of this Act by Public Act 96-898 and, subject to | ||||||
5 | appropriation to the Authority, funds deposited in the | ||||||
6 | Chicago Travel Industry Promotion Fund pursuant to Section | ||||||
7 | 6 of the Hotel Operators' Occupation Tax Act shall be | ||||||
8 | granted to the Bureau for such purposes. | ||||||
9 | For Fiscal Year 2023 only, the Department of Commerce
| ||||||
10 | and Economic Opportunity shall enter into the grant | ||||||
11 | agreements described in this subsection in place of the | ||||||
12 | Authority. The grant agreements entered into by the | ||||||
13 | Department and the Bureau under this subsection are not | ||||||
14 | subject to the matching funds requirements or the other | ||||||
15 | terms and conditions of Section 605-705 of the Department | ||||||
16 | of Commerce and Economic Opportunity Law of the Civil | ||||||
17 | Administrative Code of Illinois. Subject to appropriation, | ||||||
18 | funds transferred into the Chicago Travel Industry | ||||||
19 | Promotion Fund pursuant to subsection (f) of Section | ||||||
20 | 6z-121 of the State Finance Act shall be granted to the | ||||||
21 | Bureau for the purposes described in this subsection. The | ||||||
22 | Department shall have authority to make expenditures from | ||||||
23 | the Chicago Travel Industry Promotion Fund solely for the | ||||||
24 | purpose of providing grants to the Bureau. | ||||||
25 | (Source: P.A. 102-16, eff. 6-17-21; 102-699, eff. 4-19-22.) |
| |||||||
| |||||||
1 | Section 5-95. The School Code is amended by adding | ||||||
2 | Sections 2-3.196 and 2-3.197 and by changing Sections 2-3.186, | ||||||
3 | 10-22.36, 18-8.15, and 27-23.1 as follows: | ||||||
4 | (105 ILCS 5/2-3.186) | ||||||
5 | Sec. 2-3.186. Freedom Schools; grant program. | ||||||
6 | (a) The General Assembly recognizes and values the | ||||||
7 | contributions that Freedom Schools make to enhance the lives | ||||||
8 | of Black students. The General Assembly makes all of the | ||||||
9 | following findings: | ||||||
10 | (1) The fundamental goal of the Freedom Schools of the | ||||||
11 | 1960s was to provide quality education for all students, | ||||||
12 | to motivate active civic engagement, and to empower | ||||||
13 | disenfranchised communities. The renowned and progressive | ||||||
14 | curriculum of Freedom Schools allowed students of all ages | ||||||
15 | to experience a new and liberating form of education that | ||||||
16 | directly related to the imperatives of their lives, their | ||||||
17 | communities, and the Freedom Movement. | ||||||
18 | (2) Freedom Schools continue to demonstrate the proven | ||||||
19 | benefits of critical civic engagement and | ||||||
20 | intergenerational effects by providing historically | ||||||
21 | disadvantaged students, including African American | ||||||
22 | students and other students of color, with quality | ||||||
23 | instruction that fosters student confidence, critical | ||||||
24 | thinking, and social and emotional development. | ||||||
25 | (3) Freedom Schools offer culturally relevant learning |
| |||||||
| |||||||
1 | opportunities with the academic and social supports that | ||||||
2 | Black children need by utilizing quality teaching, | ||||||
3 | challenging and engaging curricula, wrap-around supports, | ||||||
4 | a positive school climate, and strong ties to family and | ||||||
5 | community. Freedom Schools have a clear focus on results. | ||||||
6 | (4) Public schools serve a foundational role in the | ||||||
7 | education of over 2,000,000 students in this State. | ||||||
8 | (b) The State Board of Education shall establish a Freedom | ||||||
9 | School network to supplement the learning taking place in | ||||||
10 | public schools by awarding one or more grants as set forth in | ||||||
11 | subsection (e) to create Freedom Schools creating a 6-week | ||||||
12 | summer program with an organization with a mission to improve | ||||||
13 | the odds for children in poverty by that operates Freedom | ||||||
14 | Schools in multiple states using a research-based and | ||||||
15 | multicultural curriculum for disenfranchised communities most | ||||||
16 | affected by the opportunity gap and learning loss caused by | ||||||
17 | the pandemic, and by expanding the teaching of African | ||||||
18 | American history, developing leadership skills, and providing | ||||||
19 | an understanding of the tenets of the civil rights movement. | ||||||
20 | The teachers in Freedom Schools must be from the local | ||||||
21 | community, with an emphasis on historically disadvantaged | ||||||
22 | youth, including African American students and other students | ||||||
23 | of color, so that (i) these individuals have access to summer | ||||||
24 | jobs and teaching experiences that serve as a long-term | ||||||
25 | pipeline to educational careers and the hiring of minority | ||||||
26 | educators in public schools, (ii) these individuals are |
| |||||||
| |||||||
1 | elevated as content experts and community leaders, and (iii) | ||||||
2 | Freedom School students have access to both mentorship and | ||||||
3 | equitable educational resources. | ||||||
4 | (c) A Freedom School shall intentionally and imaginatively | ||||||
5 | implement strategies that focus on all of the following: | ||||||
6 | (1) Racial justice and equity. | ||||||
7 | (2) Transparency and building trusting relationships. | ||||||
8 | (3) Self-determination and governance. | ||||||
9 | (4) Building on community strengths and community | ||||||
10 | wisdom. | ||||||
11 | (5) Utilizing current data, best practices, and | ||||||
12 | evidence. | ||||||
13 | (6) Shared leadership and collaboration. | ||||||
14 | (7) A reflective learning culture. | ||||||
15 | (8) A whole-child approach to education. | ||||||
16 | (9) Literacy. | ||||||
17 | (d) The State Board of Education, in the establishment of | ||||||
18 | Freedom Schools, shall strive for authentic parent and | ||||||
19 | community engagement during the development of Freedom Schools | ||||||
20 | and their curriculum. Authentic parent and community | ||||||
21 | engagement includes all of the following: | ||||||
22 | (1) A shared responsibility that values equal | ||||||
23 | partnerships between families and professionals. | ||||||
24 | (2) Ensuring that students and families who are | ||||||
25 | directly impacted by Freedom School policies and practices | ||||||
26 | are the decision-makers in the creation, design, |
| |||||||
| |||||||
1 | implementation, and assessment of those policies and | ||||||
2 | practices. | ||||||
3 | (3) Genuine respect for the culture and diversity of | ||||||
4 | families. | ||||||
5 | (4) Relationships that center around the goal of | ||||||
6 | supporting family well-being and children's development | ||||||
7 | and learning. | ||||||
8 | (e) Subject to appropriation, the State Board of Education | ||||||
9 | shall establish and implement a grant program to provide | ||||||
10 | grants to public schools, public community colleges, and | ||||||
11 | not-for-profit, community-based organizations to facilitate | ||||||
12 | improved educational outcomes for historically disadvantaged | ||||||
13 | students, including African American students and other | ||||||
14 | students of color in grades pre-kindergarten through 12 in | ||||||
15 | alignment with the integrity and practices of the Freedom | ||||||
16 | School model established during the civil rights movement. | ||||||
17 | Grant recipients under the program may include, but are not | ||||||
18 | limited to, entities that work with the Children's Defense | ||||||
19 | Fund or offer established programs with proven results and | ||||||
20 | outcomes. The State Board of Education shall award grants to | ||||||
21 | eligible entities that demonstrate a likelihood of reasonable | ||||||
22 | success in achieving the goals identified in the grant | ||||||
23 | application, including, but not limited to, all of the | ||||||
24 | following: | ||||||
25 | (1) Engaging, culturally relevant, and challenging | ||||||
26 | curricula. |
| |||||||
| |||||||
1 | (2) High-quality teaching. | ||||||
2 | (3) Wrap-around supports and opportunities. | ||||||
3 | (4) Positive discipline practices, such as restorative | ||||||
4 | justice. | ||||||
5 | (5) Inclusive leadership. | ||||||
6 | (f) The Freedom Schools Fund is created as a special fund | ||||||
7 | in the State treasury. The Fund shall consist of | ||||||
8 | appropriations from the General Revenue Fund, grant funds from | ||||||
9 | the
federal government, and donations from educational and | ||||||
10 | private foundations. All money in the Fund shall be used, | ||||||
11 | subject to appropriation, by the State Board of Education for | ||||||
12 | the purposes of this Section and to support related | ||||||
13 | activities. | ||||||
14 | (g) The State Board of Education may adopt any rules | ||||||
15 | necessary to implement this Section.
| ||||||
16 | (Source: P.A. 101-654, eff. 3-8-21; 102-209, eff. 11-30-21 | ||||||
17 | (See Section 5 of P.A. 102-671 for effective date of P.A. | ||||||
18 | 102-209).) | ||||||
19 | (105 ILCS 5/2-3.196 new) | ||||||
20 | Sec. 2-3.196. Teacher Vacancy Grant Pilot Program. | ||||||
21 | (a) Subject to appropriation, beginning in Fiscal Year | ||||||
22 | 2024, the State Board of Education shall administer a 3-year | ||||||
23 | Teacher Vacancy Grant Pilot Program for the allocation of | ||||||
24 | formula grant funds to school districts to support the | ||||||
25 | reduction of unfilled teaching positions throughout the State. |
| |||||||
| |||||||
1 | The State Board shall identify which districts are eligible to | ||||||
2 | apply for a 3-year grant under this Section by reviewing the | ||||||
3 | State Board's Fiscal Year 2023 annual unfilled teaching | ||||||
4 | positions report to determine which districts designated as | ||||||
5 | Tier 1, Tier 2, and Tier 3 under Section 18-8.15 have the | ||||||
6 | greatest need for funds. Based on the National Center for | ||||||
7 | Education Statistics locale classifications, 60% of eligible | ||||||
8 | districts shall be rural districts and 40% of eligible | ||||||
9 | districts shall be urban districts. Continued funding for the | ||||||
10 | grant in Fiscal Year 2025 and Fiscal Year 2026 is subject to | ||||||
11 | appropriation. The State Board shall post, on its website, | ||||||
12 | information about the grant program and the list of identified | ||||||
13 | districts that are eligible to apply for a grant under this | ||||||
14 | subsection. | ||||||
15 | (b) A school district that is determined to be eligible | ||||||
16 | for a grant under subsection (a) and that chooses to | ||||||
17 | participate in the program must submit an application to the | ||||||
18 | State Board that describes the relevant context for the need | ||||||
19 | for teacher vacancy support, suspected causes of teacher | ||||||
20 | vacancies in the district, and the district's plan in | ||||||
21 | utilizing grant funds to reduce unfilled teaching positions | ||||||
22 | throughout the district. If an eligible school district | ||||||
23 | chooses not to participate in the program, the State Board | ||||||
24 | shall identify a potential replacement district by using the | ||||||
25 | same methodology described in subsection (a). | ||||||
26 | (c) Grant funds awarded under this Section may be used for |
| |||||||
| |||||||
1 | financial incentives to support the recruitment and hiring of | ||||||
2 | teachers, programs and incentives to strengthen teacher | ||||||
3 | pipelines, or investments to sustain teachers and reduce | ||||||
4 | attrition among teachers. Grant funds shall be used only for | ||||||
5 | the purposes outlined in the district's application to the | ||||||
6 | State Board to reduce unfilled teaching positions. Grant funds | ||||||
7 | shall not be used for any purposes not approved by the State | ||||||
8 | Board. | ||||||
9 | (d) A school district that receives grant funds under this | ||||||
10 | Section shall submit an annual report to the State Board that | ||||||
11 | includes, but is not limited to, a summary of all grant-funded | ||||||
12 | activities implemented to reduce unfilled teaching positions, | ||||||
13 | progress towards reducing unfilled teaching positions, the | ||||||
14 | number of unfilled teaching positions in the district in the | ||||||
15 | preceding fiscal year, the number of new teachers hired during | ||||||
16 | the program, the teacher attrition rate, the number of | ||||||
17 | individuals participating in any programs designed to reduce | ||||||
18 | attrition, the number of teachers retained using support of | ||||||
19 | the grant funds, participation in any strategic pathway | ||||||
20 | programs created under the program, and the number of and | ||||||
21 | participation in any new pathways into teaching positions | ||||||
22 | created under the program. | ||||||
23 | (e) No later than March 1, 2027, the State Board shall | ||||||
24 | submit a report to the Governor and the General Assembly on the | ||||||
25 | efficacy of the pilot program that includes a summary of the | ||||||
26 | information received under subsection (d) and an overview of |
| |||||||
| |||||||
1 | its activities to support grantees. | ||||||
2 | (105 ILCS 5/2-3.197 new) | ||||||
3 | Sec. 2-3.197. Imagination Library of Illinois; grant | ||||||
4 | program.
To promote the development of a comprehensive | ||||||
5 | statewide initiative for encouraging preschool age children to | ||||||
6 | develop a love of reading and learning, the State Board of | ||||||
7 | Education is authorized to develop, fund, support, promote, | ||||||
8 | and operate the Imagination Library of Illinois Program, which | ||||||
9 | is hereby established. For purposes of this Section, "State | ||||||
10 | program" means the Imagination Library of Illinois Program. | ||||||
11 | (a) State program funds shall be used to provide, through | ||||||
12 | Dolly Parton's Imagination Library, one age-appropriate book, | ||||||
13 | per month, to each registered child from birth to age 5 in | ||||||
14 | participating counties. Books shall be sent monthly to each | ||||||
15 | registered child's home at no cost to families. Subject to an | ||||||
16 | annual appropriation, the State Board of Education shall | ||||||
17 | contribute the State's matching funds per the cost-sharing | ||||||
18 | framework established by Dolly Parton's Imagination Library | ||||||
19 | for the State program. The State program shall contribute the | ||||||
20 | 50% match of funds required of local programs participating in | ||||||
21 | Dolly Parton's Imagination Library. Local program partners | ||||||
22 | shall match the State program funds to provide the remaining | ||||||
23 | 50% match of funds required by Dolly Parton's Imagination | ||||||
24 | Library. | ||||||
25 | (1) The Imagination Library of Illinois Fund is hereby
|
| |||||||
| |||||||
1 | created as a special fund in the State Treasury. The State | ||||||
2 | Board of Education may accept gifts, grants, awards, | ||||||
3 | donations, matching contributions, appropriations, | ||||||
4 | interest income, public or private bequests, and cost | ||||||
5 | sharings from any individuals, businesses, governments, or | ||||||
6 | other third-party sources, and any federal funds. All | ||||||
7 | moneys received under this Section shall be deposited into | ||||||
8 | the Imagination Library of Illinois Fund. Any moneys that | ||||||
9 | are unobligated or unexpended at the end of a fiscal year | ||||||
10 | shall remain in the Imagination Library of Illinois Fund, | ||||||
11 | shall not lapse into the General Revenue Fund, and shall | ||||||
12 | be available to the Board for expenditure in the next | ||||||
13 | fiscal year, subject to appropriation. Notwithstanding any | ||||||
14 | other law to the contrary, this Fund is not subject to | ||||||
15 | sweeps, administrative chargebacks, or any other fiscal or | ||||||
16 | budgetary maneuver that in any way would transfer any | ||||||
17 | amount from this Fund into any other fund of the State. | ||||||
18 | (2) Moneys received under this Section are subject to
| ||||||
19 | appropriation by the General Assembly and may only be | ||||||
20 | expended for purposes consistent with the conditions under | ||||||
21 | which the moneys were received, including, but not limited | ||||||
22 | to, the following: | ||||||
23 | (i) Moneys in the Fund shall be used to provide
| ||||||
24 | age-appropriate books on a monthly basis, at home, to | ||||||
25 | each child registered in the Imagination Library of | ||||||
26 | Illinois Program, from birth through their fifth |
| |||||||
| |||||||
1 | birthday, at no cost to families, through Dolly | ||||||
2 | Parton's Imagination Library. | ||||||
3 | (ii) Subject to availability, moneys in the Fund
| ||||||
4 | shall be allocated to qualified local entities that | ||||||
5 | provide a dollar-for-dollar match for the program. As | ||||||
6 | used in this Section, "qualified local entity" means | ||||||
7 | any existing or new local Dolly Parton's Imagination | ||||||
8 | Library affiliate. | ||||||
9 | (iii) Moneys in the Fund may be used by the
State | ||||||
10 | Board of Education to pay for administrative expenses | ||||||
11 | of the State program, including associated operating | ||||||
12 | expenses of the State Board of Education or any | ||||||
13 | nonprofit entity that coordinates the State program | ||||||
14 | pursuant to subsection (b). | ||||||
15 | (b) The State Board of Education shall coordinate with a | ||||||
16 | nonprofit entity qualified under Section 501(c)(3) of the | ||||||
17 | Internal Revenue Code to operate the State program. That | ||||||
18 | organization must be organized solely to promote and encourage | ||||||
19 | reading by the children of the State, for the purpose of | ||||||
20 | implementing this Section. | ||||||
21 | (c) The State Board of Education shall provide oversight | ||||||
22 | of the nonprofit entity that operates the State program | ||||||
23 | pursuant to subsection (b) to ensure the nonprofit entity does | ||||||
24 | all of the following: | ||||||
25 | (1) Promotes the statewide development of local Dolly
| ||||||
26 | Parton's Imagination Library programs. |
| |||||||
| |||||||
1 | (2) Advances and strengthens local Dolly Parton's
| ||||||
2 | Imagination Library programs with the goal of increasing | ||||||
3 | enrollment. | ||||||
4 | (3) Develops community engagement. | ||||||
5 | (4) Develops, promotes, and coordinates a public
| ||||||
6 | awareness campaign to make donors aware of the opportunity | ||||||
7 | to donate to the affiliate programs and make the public | ||||||
8 | aware of the opportunity to register eligible children to | ||||||
9 | receive books through the program. | ||||||
10 | (5) Administers the local match requirement and
| ||||||
11 | coordinates the collection and remittance of local program | ||||||
12 | costs for books and mailing. | ||||||
13 | (6) Develops statewide marketing and communication
| ||||||
14 | plans. | ||||||
15 | (7) Solicits donations, gifts, and other funding from
| ||||||
16 | statewide partners to financially support local Dolly | ||||||
17 | Parton's Imagination Library programs. | ||||||
18 | (8) Identifies and applies for available grant awards. | ||||||
19 | (d) The State Board of Education shall make publicly | ||||||
20 | available on an annual basis information regarding the number | ||||||
21 | of local programs that exist, where the local programs are | ||||||
22 | located, the number of children that are enrolled in the | ||||||
23 | program, the number of books that have been provided, and | ||||||
24 | those entities or organizations that serve as local partners. | ||||||
25 | (e) The State Board of Education may adopt rules as may be | ||||||
26 | needed for the administration of the Imagination Library of |
| |||||||
| |||||||
1 | Illinois Program.
| ||||||
2 | (105 ILCS 5/10-22.36) (from Ch. 122, par. 10-22.36)
| ||||||
3 | Sec. 10-22.36. Buildings for school purposes. | ||||||
4 | (a) To build or purchase a building for school classroom | ||||||
5 | or
instructional purposes upon the approval of a majority of | ||||||
6 | the voters upon the
proposition at a referendum held for such | ||||||
7 | purpose or in accordance with
Section 17-2.11, 19-3.5, or | ||||||
8 | 19-3.10. The board may initiate such referendum by resolution.
| ||||||
9 | The board shall certify the resolution and proposition to the | ||||||
10 | proper
election authority for submission in accordance with | ||||||
11 | the general election law.
| ||||||
12 | The questions of building one or more new buildings for | ||||||
13 | school
purposes or office facilities, and issuing bonds for | ||||||
14 | the purpose of
borrowing money to purchase one or more | ||||||
15 | buildings or sites for such
buildings or office sites, to | ||||||
16 | build one or more new buildings for school
purposes or office | ||||||
17 | facilities or to make additions and improvements to
existing | ||||||
18 | school buildings, may be combined into one or more | ||||||
19 | propositions
on the ballot.
| ||||||
20 | Before erecting, or purchasing or remodeling such a | ||||||
21 | building the
board shall submit the plans and specifications | ||||||
22 | respecting heating,
ventilating, lighting, seating, water | ||||||
23 | supply, toilets and safety against
fire to the regional | ||||||
24 | superintendent of schools having supervision and
control over | ||||||
25 | the district, for approval in accordance with Section 2-3.12.
|
| |||||||
| |||||||
1 | Notwithstanding any of the foregoing, no referendum shall | ||||||
2 | be required
if the purchase, construction, or building of any
| ||||||
3 | such
building (1) occurs while the building is being
leased by | ||||||
4 | the school district or (2) is paid with (A) funds
derived from | ||||||
5 | the sale or disposition of other buildings, land, or
| ||||||
6 | structures of the school district or (B) funds received (i) as | ||||||
7 | a
grant under the
School Construction Law or (ii) as gifts or | ||||||
8 | donations,
provided that no funds to purchase, construct, or | ||||||
9 | build such building, other than lease
payments, are
derived | ||||||
10 | from the district's bonded indebtedness or the tax levy of
the
| ||||||
11 | district. | ||||||
12 | Notwithstanding any of the foregoing, no referendum shall | ||||||
13 | be required if the purchase, construction, or building of any | ||||||
14 | such building is paid with funds received from the County | ||||||
15 | School Facility and Resources Occupation Tax Law under Section | ||||||
16 | 5-1006.7 of the Counties Code or from the proceeds of bonds or | ||||||
17 | other debt obligations secured by revenues obtained from that | ||||||
18 | Law. | ||||||
19 | Notwithstanding any of the foregoing, for Decatur School | ||||||
20 | District Number 61, no referendum shall be required if at | ||||||
21 | least 50% of the cost of the purchase, construction, or | ||||||
22 | building of any such building is paid, or will be paid, with | ||||||
23 | funds received or expected to be received as part of, or | ||||||
24 | otherwise derived from, any COVID-19 pandemic relief program | ||||||
25 | or funding source, including, but not limited to, Elementary | ||||||
26 | and Secondary School Emergency Relief Fund grant proceeds. |
| |||||||
| |||||||
1 | (b) Notwithstanding the provisions of subsection (a), for | ||||||
2 | any school district: (i) that is a tier 1 school, (ii) that has | ||||||
3 | a population of less than 50,000 inhabitants, (iii) whose | ||||||
4 | student population is between 5,800 and 6,300, (iv) in which | ||||||
5 | 57% to 62% of students are low-income, and (v) whose average | ||||||
6 | district spending is between $10,000 to $12,000 per pupil, | ||||||
7 | until July 1, 2025, no referendum shall be required if at least | ||||||
8 | 50% of the cost of the purchase, construction, or building of | ||||||
9 | any such building is paid, or will be paid, with funds received | ||||||
10 | or expected to be received as part of, or otherwise derived | ||||||
11 | from, the federal Consolidated Appropriations Act and the | ||||||
12 | federal American Rescue Plan Act of 2021. | ||||||
13 | For this subsection (b), the school board must hold at | ||||||
14 | least 2 public hearings, the sole purpose of which shall be to | ||||||
15 | discuss the decision to construct a school building and to | ||||||
16 | receive input from the community. The notice of each public | ||||||
17 | hearing that sets forth the time, date, place, and name or | ||||||
18 | description of the school building that the school board is | ||||||
19 | considering constructing must be provided at least 10 days | ||||||
20 | prior to the hearing by publication on the school board's | ||||||
21 | Internet website.
| ||||||
22 | (c) Notwithstanding the provisions of subsection (a) and | ||||||
23 | (b), for Cahokia Community Unit School District 187, no | ||||||
24 | referendum shall be required for the lease of any building for | ||||||
25 | school or educational purposes if the cost is paid or will be | ||||||
26 | paid with funds available at the time of the lease in the |
| |||||||
| |||||||
1 | district's existing fund balances to fund the lease of a | ||||||
2 | building during the 2023-2024 or 2024-2025 school year. | ||||||
3 | For the purposes of this subsection (c), the school board | ||||||
4 | must hold at least 2 public hearings, the sole purpose of which | ||||||
5 | shall be to discuss the decision to lease a school building and | ||||||
6 | to receive input from the community. The notice of each public | ||||||
7 | hearing that sets forth the time, date, place, and name or | ||||||
8 | description of the school building that the school board is | ||||||
9 | considering leasing must be provided at least 10 days prior to | ||||||
10 | the hearing by publication on the school district's website. | ||||||
11 | (Source: P.A. 101-455, eff. 8-23-19; 102-16, eff. 6-17-21; | ||||||
12 | 102-699, eff. 7-1-22.)
| ||||||
13 | (105 ILCS 5/18-8.15) | ||||||
14 | Sec. 18-8.15. Evidence-Based Funding for student success | ||||||
15 | for the 2017-2018 and subsequent school years. | ||||||
16 | (a) General provisions. | ||||||
17 | (1) The purpose of this Section is to ensure that, by | ||||||
18 | June 30, 2027 and beyond, this State has a kindergarten | ||||||
19 | through grade 12 public education system with the capacity | ||||||
20 | to ensure the educational development of all persons to | ||||||
21 | the limits of their capacities in accordance with Section | ||||||
22 | 1 of Article X of the Constitution of the State of | ||||||
23 | Illinois. To accomplish that objective, this Section | ||||||
24 | creates a method of funding public education that is | ||||||
25 | evidence-based; is sufficient to ensure every student |
| |||||||
| |||||||
1 | receives a meaningful opportunity to learn irrespective of | ||||||
2 | race, ethnicity, sexual orientation, gender, or | ||||||
3 | community-income level; and is sustainable and | ||||||
4 | predictable. When fully funded under this Section, every | ||||||
5 | school shall have the resources, based on what the | ||||||
6 | evidence indicates is needed, to: | ||||||
7 | (A) provide all students with a high quality | ||||||
8 | education that offers the academic, enrichment, social | ||||||
9 | and emotional support, technical, and career-focused | ||||||
10 | programs that will allow them to become competitive | ||||||
11 | workers, responsible parents, productive citizens of | ||||||
12 | this State, and active members of our national | ||||||
13 | democracy; | ||||||
14 | (B) ensure all students receive the education they | ||||||
15 | need to graduate from high school with the skills | ||||||
16 | required to pursue post-secondary education and | ||||||
17 | training for a rewarding career; | ||||||
18 | (C) reduce, with a goal of eliminating, the | ||||||
19 | achievement gap between at-risk and non-at-risk | ||||||
20 | students by raising the performance of at-risk | ||||||
21 | students and not by reducing standards; and | ||||||
22 | (D) ensure this State satisfies its obligation to | ||||||
23 | assume the primary responsibility to fund public | ||||||
24 | education and simultaneously relieve the | ||||||
25 | disproportionate burden placed on local property taxes | ||||||
26 | to fund schools. |
| |||||||
| |||||||
1 | (2) The Evidence-Based Funding formula under this | ||||||
2 | Section shall be applied to all Organizational Units in | ||||||
3 | this State. The Evidence-Based Funding formula outlined in | ||||||
4 | this Act is based on the formula outlined in Senate Bill 1 | ||||||
5 | of the 100th General Assembly, as passed by both | ||||||
6 | legislative chambers. As further defined and described in | ||||||
7 | this Section, there are 4 major components of the | ||||||
8 | Evidence-Based Funding model: | ||||||
9 | (A) First, the model calculates a unique Adequacy | ||||||
10 | Target for each Organizational Unit in this State that | ||||||
11 | considers the costs to implement research-based | ||||||
12 | activities, the unit's student demographics, and | ||||||
13 | regional wage differences. | ||||||
14 | (B) Second, the model calculates each | ||||||
15 | Organizational Unit's Local Capacity, or the amount | ||||||
16 | each Organizational Unit is assumed to contribute | ||||||
17 | toward its Adequacy Target from local resources. | ||||||
18 | (C) Third, the model calculates how much funding | ||||||
19 | the State currently contributes to the Organizational | ||||||
20 | Unit and adds that to the unit's Local Capacity to | ||||||
21 | determine the unit's overall current adequacy of | ||||||
22 | funding. | ||||||
23 | (D) Finally, the model's distribution method | ||||||
24 | allocates new State funding to those Organizational | ||||||
25 | Units that are least well-funded, considering both | ||||||
26 | Local Capacity and State funding, in relation to their |
| |||||||
| |||||||
1 | Adequacy Target. | ||||||
2 | (3) An Organizational Unit receiving any funding under | ||||||
3 | this Section may apply those funds to any fund so received | ||||||
4 | for which that Organizational Unit is authorized to make | ||||||
5 | expenditures by law. | ||||||
6 | (4) As used in this Section, the following terms shall | ||||||
7 | have the meanings ascribed in this paragraph (4): | ||||||
8 | "Adequacy Target" is defined in paragraph (1) of | ||||||
9 | subsection (b) of this Section. | ||||||
10 | "Adjusted EAV" is defined in paragraph (4) of | ||||||
11 | subsection (d) of this Section. | ||||||
12 | "Adjusted Local Capacity Target" is defined in | ||||||
13 | paragraph (3) of subsection (c) of this Section. | ||||||
14 | "Adjusted Operating Tax Rate" means a tax rate for all | ||||||
15 | Organizational Units, for which the State Superintendent | ||||||
16 | shall calculate and subtract for the Operating Tax Rate a | ||||||
17 | transportation rate based on total expenses for | ||||||
18 | transportation services under this Code, as reported on | ||||||
19 | the most recent Annual Financial Report in Pupil | ||||||
20 | Transportation Services, function 2550 in both the | ||||||
21 | Education and Transportation funds and functions 4110 and | ||||||
22 | 4120 in the Transportation fund, less any corresponding | ||||||
23 | fiscal year State of Illinois scheduled payments excluding | ||||||
24 | net adjustments for prior years for regular, vocational, | ||||||
25 | or special education transportation reimbursement pursuant | ||||||
26 | to Section 29-5 or subsection (b) of Section 14-13.01 of |
| |||||||
| |||||||
1 | this Code divided by the Adjusted EAV. If an | ||||||
2 | Organizational Unit's corresponding fiscal year State of | ||||||
3 | Illinois scheduled payments excluding net adjustments for | ||||||
4 | prior years for regular, vocational, or special education | ||||||
5 | transportation reimbursement pursuant to Section 29-5 or | ||||||
6 | subsection (b) of Section 14-13.01 of this Code exceed the | ||||||
7 | total transportation expenses, as defined in this | ||||||
8 | paragraph, no transportation rate shall be subtracted from | ||||||
9 | the Operating Tax Rate. | ||||||
10 | "Allocation Rate" is defined in paragraph (3) of | ||||||
11 | subsection (g) of this Section. | ||||||
12 | "Alternative School" means a public school that is | ||||||
13 | created and operated by a regional superintendent of | ||||||
14 | schools and approved by the State Board. | ||||||
15 | "Applicable Tax Rate" is defined in paragraph (1) of | ||||||
16 | subsection (d) of this Section. | ||||||
17 | "Assessment" means any of those benchmark, progress | ||||||
18 | monitoring, formative, diagnostic, and other assessments, | ||||||
19 | in addition to the State accountability assessment, that | ||||||
20 | assist teachers' needs in understanding the skills and | ||||||
21 | meeting the needs of the students they serve. | ||||||
22 | "Assistant principal" means a school administrator | ||||||
23 | duly endorsed to be employed as an assistant principal in | ||||||
24 | this State. | ||||||
25 | "At-risk student" means a student who is at risk of | ||||||
26 | not meeting the Illinois Learning Standards or not |
| |||||||
| |||||||
1 | graduating from elementary or high school and who | ||||||
2 | demonstrates a need for vocational support or social | ||||||
3 | services beyond that provided by the regular school | ||||||
4 | program. All students included in an Organizational Unit's | ||||||
5 | Low-Income Count, as well as all English learner and | ||||||
6 | disabled students attending the Organizational Unit, shall | ||||||
7 | be considered at-risk students under this Section. | ||||||
8 | "Average Student Enrollment" or "ASE" for fiscal year | ||||||
9 | 2018 means, for an Organizational Unit, the greater of the | ||||||
10 | average number of students (grades K through 12) reported | ||||||
11 | to the State Board as enrolled in the Organizational Unit | ||||||
12 | on October 1 in the immediately preceding school year, | ||||||
13 | plus the pre-kindergarten students who receive special | ||||||
14 | education services of 2 or more hours a day as reported to | ||||||
15 | the State Board on December 1 in the immediately preceding | ||||||
16 | school year, or the average number of students (grades K | ||||||
17 | through 12) reported to the State Board as enrolled in the | ||||||
18 | Organizational Unit on October 1, plus the | ||||||
19 | pre-kindergarten students who receive special education | ||||||
20 | services of 2 or more hours a day as reported to the State | ||||||
21 | Board on December 1, for each of the immediately preceding | ||||||
22 | 3 school years. For fiscal year 2019 and each subsequent | ||||||
23 | fiscal year, "Average Student Enrollment" or "ASE" means, | ||||||
24 | for an Organizational Unit, the greater of the average | ||||||
25 | number of students (grades K through 12) reported to the | ||||||
26 | State Board as enrolled in the Organizational Unit on |
| |||||||
| |||||||
1 | October 1 and March 1 in the immediately preceding school | ||||||
2 | year, plus the pre-kindergarten students who receive | ||||||
3 | special education services as reported to the State Board | ||||||
4 | on October 1 and March 1 in the immediately preceding | ||||||
5 | school year, or the average number of students (grades K | ||||||
6 | through 12) reported to the State Board as enrolled in the | ||||||
7 | Organizational Unit on October 1 and March 1, plus the | ||||||
8 | pre-kindergarten students who receive special education | ||||||
9 | services as reported to the State Board on October 1 and | ||||||
10 | March 1, for each of the immediately preceding 3 school | ||||||
11 | years. For the purposes of this definition, "enrolled in | ||||||
12 | the Organizational Unit" means the number of students | ||||||
13 | reported to the State Board who are enrolled in schools | ||||||
14 | within the Organizational Unit that the student attends or | ||||||
15 | would attend if not placed or transferred to another | ||||||
16 | school or program to receive needed services. For the | ||||||
17 | purposes of calculating "ASE", all students, grades K | ||||||
18 | through 12, excluding those attending kindergarten for a | ||||||
19 | half day and students attending an alternative education | ||||||
20 | program operated by a regional office of education or | ||||||
21 | intermediate service center, shall be counted as 1.0. All | ||||||
22 | students attending kindergarten for a half day shall be | ||||||
23 | counted as 0.5, unless in 2017 by June 15 or by March 1 in | ||||||
24 | subsequent years, the school district reports to the State | ||||||
25 | Board of Education the intent to implement full-day | ||||||
26 | kindergarten district-wide for all students, then all |
| |||||||
| |||||||
1 | students attending kindergarten shall be counted as 1.0. | ||||||
2 | Special education pre-kindergarten students shall be | ||||||
3 | counted as 0.5 each. If the State Board does not collect or | ||||||
4 | has not collected both an October 1 and March 1 enrollment | ||||||
5 | count by grade or a December 1 collection of special | ||||||
6 | education pre-kindergarten students as of August 31, 2017 | ||||||
7 | (the effective date of Public Act 100-465), it shall | ||||||
8 | establish such collection for all future years. For any | ||||||
9 | year in which a count by grade level was collected only | ||||||
10 | once, that count shall be used as the single count | ||||||
11 | available for computing a 3-year average ASE. Funding for | ||||||
12 | programs operated by a regional office of education or an | ||||||
13 | intermediate service center must be calculated using the | ||||||
14 | Evidence-Based Funding formula under this Section for the | ||||||
15 | 2019-2020 school year and each subsequent school year | ||||||
16 | until separate adequacy formulas are developed and adopted | ||||||
17 | for each type of program. ASE for a program operated by a | ||||||
18 | regional office of education or an intermediate service | ||||||
19 | center must be determined by the March 1 enrollment for | ||||||
20 | the program. For the 2019-2020 school year, the ASE used | ||||||
21 | in the calculation must be the first-year ASE and, in that | ||||||
22 | year only, the assignment of students served by a regional | ||||||
23 | office of education or intermediate service center shall | ||||||
24 | not result in a reduction of the March enrollment for any | ||||||
25 | school district. For the 2020-2021 school year, the ASE | ||||||
26 | must be the greater of the current-year ASE or the 2-year |
| |||||||
| |||||||
1 | average ASE. Beginning with the 2021-2022 school year, the | ||||||
2 | ASE must be the greater of the current-year ASE or the | ||||||
3 | 3-year average ASE. School districts shall submit the data | ||||||
4 | for the ASE calculation to the State Board within 45 days | ||||||
5 | of the dates required in this Section for submission of | ||||||
6 | enrollment data in order for it to be included in the ASE | ||||||
7 | calculation. For fiscal year 2018 only, the ASE | ||||||
8 | calculation shall include only enrollment taken on October | ||||||
9 | 1. In recognition of the impact of COVID-19, the | ||||||
10 | definition of "Average Student Enrollment" or "ASE" shall | ||||||
11 | be adjusted for calculations under this Section for fiscal | ||||||
12 | years 2022 through 2024. For fiscal years 2022 through | ||||||
13 | 2024, the enrollment used in the calculation of ASE | ||||||
14 | representing the 2020-2021 school year shall be the | ||||||
15 | greater of the enrollment for the 2020-2021 school year or | ||||||
16 | the 2019-2020 school year. | ||||||
17 | "Base Funding Guarantee" is defined in paragraph (10) | ||||||
18 | of subsection (g) of this Section. | ||||||
19 | "Base Funding Minimum" is defined in subsection (e) of | ||||||
20 | this Section. | ||||||
21 | "Base Tax Year" means the property tax levy year used | ||||||
22 | to calculate the Budget Year allocation of primary State | ||||||
23 | aid. | ||||||
24 | "Base Tax Year's Extension" means the product of the | ||||||
25 | equalized assessed valuation utilized by the county clerk | ||||||
26 | in the Base Tax Year multiplied by the limiting rate as |
| |||||||
| |||||||
1 | calculated by the county clerk and defined in PTELL. | ||||||
2 | "Bilingual Education Allocation" means the amount of | ||||||
3 | an Organizational Unit's final Adequacy Target | ||||||
4 | attributable to bilingual education divided by the | ||||||
5 | Organizational Unit's final Adequacy Target, the product | ||||||
6 | of which shall be multiplied by the amount of new funding | ||||||
7 | received pursuant to this Section. An Organizational | ||||||
8 | Unit's final Adequacy Target attributable to bilingual | ||||||
9 | education shall include all additional investments in | ||||||
10 | English learner students' adequacy elements. | ||||||
11 | "Budget Year" means the school year for which primary | ||||||
12 | State aid is calculated and awarded under this Section. | ||||||
13 | "Central office" means individual administrators and | ||||||
14 | support service personnel charged with managing the | ||||||
15 | instructional programs, business and operations, and | ||||||
16 | security of the Organizational Unit. | ||||||
17 | "Comparable Wage Index" or "CWI" means a regional cost | ||||||
18 | differentiation metric that measures systemic, regional | ||||||
19 | variations in the salaries of college graduates who are | ||||||
20 | not educators. The CWI utilized for this Section shall, | ||||||
21 | for the first 3 years of Evidence-Based Funding | ||||||
22 | implementation, be the CWI initially developed by the | ||||||
23 | National Center for Education Statistics, as most recently | ||||||
24 | updated by Texas A & M University. In the fourth and | ||||||
25 | subsequent years of Evidence-Based Funding implementation, | ||||||
26 | the State Superintendent shall re-determine the CWI using |
| |||||||
| |||||||
1 | a similar methodology to that identified in the Texas A & M | ||||||
2 | University study, with adjustments made no less frequently | ||||||
3 | than once every 5 years. | ||||||
4 | "Computer technology and equipment" means computers | ||||||
5 | servers, notebooks, network equipment, copiers, printers, | ||||||
6 | instructional software, security software, curriculum | ||||||
7 | management courseware, and other similar materials and | ||||||
8 | equipment. | ||||||
9 | "Computer technology and equipment investment | ||||||
10 | allocation" means the final Adequacy Target amount of an | ||||||
11 | Organizational Unit assigned to Tier 1 or Tier 2 in the | ||||||
12 | prior school year attributable to the additional $285.50 | ||||||
13 | per student computer technology and equipment investment | ||||||
14 | grant divided by the Organizational Unit's final Adequacy | ||||||
15 | Target, the result of which shall be multiplied by the | ||||||
16 | amount of new funding received pursuant to this Section. | ||||||
17 | An Organizational Unit assigned to a Tier 1 or Tier 2 final | ||||||
18 | Adequacy Target attributable to the received computer | ||||||
19 | technology and equipment investment grant shall include | ||||||
20 | all additional investments in computer technology and | ||||||
21 | equipment adequacy elements. | ||||||
22 | "Core subject" means mathematics; science; reading, | ||||||
23 | English, writing, and language arts; history and social | ||||||
24 | studies; world languages; and subjects taught as Advanced | ||||||
25 | Placement in high schools. | ||||||
26 | "Core teacher" means a regular classroom teacher in |
| |||||||
| |||||||
1 | elementary schools and teachers of a core subject in | ||||||
2 | middle and high schools. | ||||||
3 | "Core Intervention teacher (tutor)" means a licensed | ||||||
4 | teacher providing one-on-one or small group tutoring to | ||||||
5 | students struggling to meet proficiency in core subjects. | ||||||
6 | "CPPRT" means corporate personal property replacement | ||||||
7 | tax funds paid to an Organizational Unit during the | ||||||
8 | calendar year one year before the calendar year in which a | ||||||
9 | school year begins, pursuant to "An Act in relation to the | ||||||
10 | abolition of ad valorem personal property tax and the | ||||||
11 | replacement of revenues lost thereby, and amending and | ||||||
12 | repealing certain Acts and parts of Acts in connection | ||||||
13 | therewith", certified August 14, 1979, as amended (Public | ||||||
14 | Act 81-1st S.S.-1). | ||||||
15 | "EAV" means equalized assessed valuation as defined in | ||||||
16 | paragraph (2) of subsection (d) of this Section and | ||||||
17 | calculated in accordance with paragraph (3) of subsection | ||||||
18 | (d) of this Section. | ||||||
19 | "ECI" means the Bureau of Labor Statistics' national | ||||||
20 | employment cost index for civilian workers in educational | ||||||
21 | services in elementary and secondary schools on a | ||||||
22 | cumulative basis for the 12-month calendar year preceding | ||||||
23 | the fiscal year of the Evidence-Based Funding calculation. | ||||||
24 | "EIS Data" means the employment information system | ||||||
25 | data maintained by the State Board on educators within | ||||||
26 | Organizational Units. |
| |||||||
| |||||||
1 | "Employee benefits" means health, dental, and vision | ||||||
2 | insurance offered to employees of an Organizational Unit, | ||||||
3 | the costs associated with the statutorily required payment | ||||||
4 | of the normal cost of the Organizational Unit's teacher | ||||||
5 | pensions, Social Security employer contributions, and | ||||||
6 | Illinois Municipal Retirement Fund employer contributions. | ||||||
7 | "English learner" or "EL" means a child included in | ||||||
8 | the definition of "English learners" under Section 14C-2 | ||||||
9 | of this Code participating in a program of transitional | ||||||
10 | bilingual education or a transitional program of | ||||||
11 | instruction meeting the requirements and program | ||||||
12 | application procedures of Article 14C of this Code. For | ||||||
13 | the purposes of collecting the number of EL students | ||||||
14 | enrolled, the same collection and calculation methodology | ||||||
15 | as defined above for "ASE" shall apply to English | ||||||
16 | learners, with the exception that EL student enrollment | ||||||
17 | shall include students in grades pre-kindergarten through | ||||||
18 | 12. | ||||||
19 | "Essential Elements" means those elements, resources, | ||||||
20 | and educational programs that have been identified through | ||||||
21 | academic research as necessary to improve student success, | ||||||
22 | improve academic performance, close achievement gaps, and | ||||||
23 | provide for other per student costs related to the | ||||||
24 | delivery and leadership of the Organizational Unit, as | ||||||
25 | well as the maintenance and operations of the unit, and | ||||||
26 | which are specified in paragraph (2) of subsection (b) of |
| |||||||
| |||||||
1 | this Section. | ||||||
2 | "Evidence-Based Funding" means State funding provided | ||||||
3 | to an Organizational Unit pursuant to this Section. | ||||||
4 | "Extended day" means academic and enrichment programs | ||||||
5 | provided to students outside the regular school day before | ||||||
6 | and after school or during non-instructional times during | ||||||
7 | the school day. | ||||||
8 | "Extension Limitation Ratio" means a numerical ratio | ||||||
9 | in which the numerator is the Base Tax Year's Extension | ||||||
10 | and the denominator is the Preceding Tax Year's Extension. | ||||||
11 | "Final Percent of Adequacy" is defined in paragraph | ||||||
12 | (4) of subsection (f) of this Section. | ||||||
13 | "Final Resources" is defined in paragraph (3) of | ||||||
14 | subsection (f) of this Section. | ||||||
15 | "Full-time equivalent" or "FTE" means the full-time | ||||||
16 | equivalency compensation for staffing the relevant | ||||||
17 | position at an Organizational Unit. | ||||||
18 | "Funding Gap" is defined in paragraph (1) of | ||||||
19 | subsection (g). | ||||||
20 | "Hybrid District" means a partial elementary unit | ||||||
21 | district created pursuant to Article 11E of this Code. | ||||||
22 | "Instructional assistant" means a core or special | ||||||
23 | education, non-licensed employee who assists a teacher in | ||||||
24 | the classroom and provides academic support to students. | ||||||
25 | "Instructional facilitator" means a qualified teacher | ||||||
26 | or licensed teacher leader who facilitates and coaches |
| |||||||
| |||||||
1 | continuous improvement in classroom instruction; provides | ||||||
2 | instructional support to teachers in the elements of | ||||||
3 | research-based instruction or demonstrates the alignment | ||||||
4 | of instruction with curriculum standards and assessment | ||||||
5 | tools; develops or coordinates instructional programs or | ||||||
6 | strategies; develops and implements training; chooses | ||||||
7 | standards-based instructional materials; provides | ||||||
8 | teachers with an understanding of current research; serves | ||||||
9 | as a mentor, site coach, curriculum specialist, or lead | ||||||
10 | teacher; or otherwise works with fellow teachers, in | ||||||
11 | collaboration, to use data to improve instructional | ||||||
12 | practice or develop model lessons. | ||||||
13 | "Instructional materials" means relevant | ||||||
14 | instructional materials for student instruction, | ||||||
15 | including, but not limited to, textbooks, consumable | ||||||
16 | workbooks, laboratory equipment, library books, and other | ||||||
17 | similar materials. | ||||||
18 | "Laboratory School" means a public school that is | ||||||
19 | created and operated by a public university and approved | ||||||
20 | by the State Board. | ||||||
21 | "Librarian" means a teacher with an endorsement as a | ||||||
22 | library information specialist or another individual whose | ||||||
23 | primary responsibility is overseeing library resources | ||||||
24 | within an Organizational Unit. | ||||||
25 | "Limiting rate for Hybrid Districts" means the | ||||||
26 | combined elementary school and high school limiting rates. |
| |||||||
| |||||||
1 | "Local Capacity" is defined in paragraph (1) of | ||||||
2 | subsection (c) of this Section. | ||||||
3 | "Local Capacity Percentage" is defined in subparagraph | ||||||
4 | (A) of paragraph (2) of subsection (c) of this Section. | ||||||
5 | "Local Capacity Ratio" is defined in subparagraph (B) | ||||||
6 | of paragraph (2) of subsection (c) of this Section. | ||||||
7 | "Local Capacity Target" is defined in paragraph (2) of | ||||||
8 | subsection (c) of this Section. | ||||||
9 | "Low-Income Count" means, for an Organizational Unit | ||||||
10 | in a fiscal year, the higher of the average number of | ||||||
11 | students for the prior school year or the immediately | ||||||
12 | preceding 3 school years who, as of July 1 of the | ||||||
13 | immediately preceding fiscal year (as determined by the | ||||||
14 | Department of Human Services), are eligible for at least | ||||||
15 | one of the following low-income programs: Medicaid, the | ||||||
16 | Children's Health Insurance Program, Temporary Assistance | ||||||
17 | for Needy Families (TANF), or the Supplemental Nutrition | ||||||
18 | Assistance Program, excluding pupils who are eligible for | ||||||
19 | services provided by the Department of Children and Family | ||||||
20 | Services. Until such time that grade level low-income | ||||||
21 | populations become available, grade level low-income | ||||||
22 | populations shall be determined by applying the low-income | ||||||
23 | percentage to total student enrollments by grade level. | ||||||
24 | The low-income percentage is determined by dividing the | ||||||
25 | Low-Income Count by the Average Student Enrollment. The | ||||||
26 | low-income percentage for programs operated by a regional |
| |||||||
| |||||||
1 | office of education or an intermediate service center must | ||||||
2 | be set to the weighted average of the low-income | ||||||
3 | percentages of all of the school districts in the service | ||||||
4 | region. The weighted low-income percentage is the result | ||||||
5 | of multiplying the low-income percentage of each school | ||||||
6 | district served by the regional office of education or | ||||||
7 | intermediate service center by each school district's | ||||||
8 | Average Student Enrollment, summarizing those products and | ||||||
9 | dividing the total by the total Average Student Enrollment | ||||||
10 | for the service region. | ||||||
11 | "Maintenance and operations" means custodial services, | ||||||
12 | facility and ground maintenance, facility operations, | ||||||
13 | facility security, routine facility repairs, and other | ||||||
14 | similar services and functions. | ||||||
15 | "Minimum Funding Level" is defined in paragraph (9) of | ||||||
16 | subsection (g) of this Section. | ||||||
17 | "New Property Tax Relief Pool Funds" means, for any | ||||||
18 | given fiscal year, all State funds appropriated under | ||||||
19 | Section 2-3.170 of this Code. | ||||||
20 | "New State Funds" means, for a given school year, all | ||||||
21 | State funds appropriated for Evidence-Based Funding in | ||||||
22 | excess of the amount needed to fund the Base Funding | ||||||
23 | Minimum for all Organizational Units in that school year. | ||||||
24 | "Nurse" means an individual licensed as a certified | ||||||
25 | school nurse, in accordance with the rules established for | ||||||
26 | nursing services by the State Board, who is an employee of |
| |||||||
| |||||||
1 | and is available to provide health care-related services | ||||||
2 | for students of an Organizational Unit. | ||||||
3 | "Operating Tax Rate" means the rate utilized in the | ||||||
4 | previous year to extend property taxes for all purposes, | ||||||
5 | except Bond and Interest, Summer School, Rent, Capital | ||||||
6 | Improvement, and Vocational Education Building purposes. | ||||||
7 | For Hybrid Districts, the Operating Tax Rate shall be the | ||||||
8 | combined elementary and high school rates utilized in the | ||||||
9 | previous year to extend property taxes for all purposes, | ||||||
10 | except Bond and Interest, Summer School, Rent, Capital | ||||||
11 | Improvement, and Vocational Education Building purposes. | ||||||
12 | "Organizational Unit" means a Laboratory School or any | ||||||
13 | public school district that is recognized as such by the | ||||||
14 | State Board and that contains elementary schools typically | ||||||
15 | serving kindergarten through 5th grades, middle schools | ||||||
16 | typically serving 6th through 8th grades, high schools | ||||||
17 | typically serving 9th through 12th grades, a program | ||||||
18 | established under Section 2-3.66 or 2-3.41, or a program | ||||||
19 | operated by a regional office of education or an | ||||||
20 | intermediate service center under Article 13A or 13B. The | ||||||
21 | General Assembly acknowledges that the actual grade levels | ||||||
22 | served by a particular Organizational Unit may vary | ||||||
23 | slightly from what is typical. | ||||||
24 | "Organizational Unit CWI" is determined by calculating | ||||||
25 | the CWI in the region and original county in which an | ||||||
26 | Organizational Unit's primary administrative office is |
| |||||||
| |||||||
1 | located as set forth in this paragraph, provided that if | ||||||
2 | the Organizational Unit CWI as calculated in accordance | ||||||
3 | with this paragraph is less than 0.9, the Organizational | ||||||
4 | Unit CWI shall be increased to 0.9. Each county's current | ||||||
5 | CWI value shall be adjusted based on the CWI value of that | ||||||
6 | county's neighboring Illinois counties, to create a | ||||||
7 | "weighted adjusted index value". This shall be calculated | ||||||
8 | by summing the CWI values of all of a county's adjacent | ||||||
9 | Illinois counties and dividing by the number of adjacent | ||||||
10 | Illinois counties, then taking the weighted value of the | ||||||
11 | original county's CWI value and the adjacent Illinois | ||||||
12 | county average. To calculate this weighted value, if the | ||||||
13 | number of adjacent Illinois counties is greater than 2, | ||||||
14 | the original county's CWI value will be weighted at 0.25 | ||||||
15 | and the adjacent Illinois county average will be weighted | ||||||
16 | at 0.75. If the number of adjacent Illinois counties is 2, | ||||||
17 | the original county's CWI value will be weighted at 0.33 | ||||||
18 | and the adjacent Illinois county average will be weighted | ||||||
19 | at 0.66. The greater of the county's current CWI value and | ||||||
20 | its weighted adjusted index value shall be used as the | ||||||
21 | Organizational Unit CWI. | ||||||
22 | "Preceding Tax Year" means the property tax levy year | ||||||
23 | immediately preceding the Base Tax Year. | ||||||
24 | "Preceding Tax Year's Extension" means the product of | ||||||
25 | the equalized assessed valuation utilized by the county | ||||||
26 | clerk in the Preceding Tax Year multiplied by the |
| |||||||
| |||||||
1 | Operating Tax Rate. | ||||||
2 | "Preliminary Percent of Adequacy" is defined in | ||||||
3 | paragraph (2) of subsection (f) of this Section. | ||||||
4 | "Preliminary Resources" is defined in paragraph (2) of | ||||||
5 | subsection (f) of this Section. | ||||||
6 | "Principal" means a school administrator duly endorsed | ||||||
7 | to be employed as a principal in this State. | ||||||
8 | "Professional development" means training programs for | ||||||
9 | licensed staff in schools, including, but not limited to, | ||||||
10 | programs that assist in implementing new curriculum | ||||||
11 | programs, provide data focused or academic assessment data | ||||||
12 | training to help staff identify a student's weaknesses and | ||||||
13 | strengths, target interventions, improve instruction, | ||||||
14 | encompass instructional strategies for English learner, | ||||||
15 | gifted, or at-risk students, address inclusivity, cultural | ||||||
16 | sensitivity, or implicit bias, or otherwise provide | ||||||
17 | professional support for licensed staff. | ||||||
18 | "Prototypical" means 450 special education | ||||||
19 | pre-kindergarten and kindergarten through grade 5 students | ||||||
20 | for an elementary school, 450 grade 6 through 8 students | ||||||
21 | for a middle school, and 600 grade 9 through 12 students | ||||||
22 | for a high school. | ||||||
23 | "PTELL" means the Property Tax Extension Limitation | ||||||
24 | Law. | ||||||
25 | "PTELL EAV" is defined in paragraph (4) of subsection | ||||||
26 | (d) of this Section. |
| |||||||
| |||||||
1 | "Pupil support staff" means a nurse, psychologist, | ||||||
2 | social worker, family liaison personnel, or other staff | ||||||
3 | member who provides support to at-risk or struggling | ||||||
4 | students. | ||||||
5 | "Real Receipts" is defined in paragraph (1) of | ||||||
6 | subsection (d) of this Section. | ||||||
7 | "Regionalization Factor" means, for a particular | ||||||
8 | Organizational Unit, the figure derived by dividing the | ||||||
9 | Organizational Unit CWI by the Statewide Weighted CWI. | ||||||
10 | "School counselor" means a licensed school counselor | ||||||
11 | who provides guidance and counseling support for students | ||||||
12 | within an Organizational Unit. | ||||||
13 | "School site staff" means the primary school secretary | ||||||
14 | and any additional clerical personnel assigned to a | ||||||
15 | school. | ||||||
16 | "Special education" means special educational | ||||||
17 | facilities and services, as defined in Section 14-1.08 of | ||||||
18 | this Code. | ||||||
19 | "Special Education Allocation" means the amount of an | ||||||
20 | Organizational Unit's final Adequacy Target attributable | ||||||
21 | to special education divided by the Organizational Unit's | ||||||
22 | final Adequacy Target, the product of which shall be | ||||||
23 | multiplied by the amount of new funding received pursuant | ||||||
24 | to this Section. An Organizational Unit's final Adequacy | ||||||
25 | Target attributable to special education shall include all | ||||||
26 | special education investment adequacy elements. |
| |||||||
| |||||||
1 | "Specialist teacher" means a teacher who provides | ||||||
2 | instruction in subject areas not included in core | ||||||
3 | subjects, including, but not limited to, art, music, | ||||||
4 | physical education, health, driver education, | ||||||
5 | career-technical education, and such other subject areas | ||||||
6 | as may be mandated by State law or provided by an | ||||||
7 | Organizational Unit. | ||||||
8 | "Specially Funded Unit" means an Alternative School, | ||||||
9 | safe school, Department of Juvenile Justice school, | ||||||
10 | special education cooperative or entity recognized by the | ||||||
11 | State Board as a special education cooperative, | ||||||
12 | State-approved charter school, or alternative learning | ||||||
13 | opportunities program that received direct funding from | ||||||
14 | the State Board during the 2016-2017 school year through | ||||||
15 | any of the funding sources included within the calculation | ||||||
16 | of the Base Funding Minimum or Glenwood Academy. | ||||||
17 | "Supplemental Grant Funding" means supplemental | ||||||
18 | general State aid funding received by an Organizational | ||||||
19 | Unit during the 2016-2017 school year pursuant to | ||||||
20 | subsection (H) of Section 18-8.05 of this Code (now | ||||||
21 | repealed). | ||||||
22 | "State Adequacy Level" is the sum of the Adequacy | ||||||
23 | Targets of all Organizational Units. | ||||||
24 | "State Board" means the State Board of Education. | ||||||
25 | "State Superintendent" means the State Superintendent | ||||||
26 | of Education. |
| |||||||
| |||||||
1 | "Statewide Weighted CWI" means a figure determined by | ||||||
2 | multiplying each Organizational Unit CWI times the ASE for | ||||||
3 | that Organizational Unit creating a weighted value, | ||||||
4 | summing all Organizational Units' weighted values, and | ||||||
5 | dividing by the total ASE of all Organizational Units, | ||||||
6 | thereby creating an average weighted index. | ||||||
7 | "Student activities" means non-credit producing | ||||||
8 | after-school programs, including, but not limited to, | ||||||
9 | clubs, bands, sports, and other activities authorized by | ||||||
10 | the school board of the Organizational Unit. | ||||||
11 | "Substitute teacher" means an individual teacher or | ||||||
12 | teaching assistant who is employed by an Organizational | ||||||
13 | Unit and is temporarily serving the Organizational Unit on | ||||||
14 | a per diem or per period-assignment basis to replace | ||||||
15 | another staff member. | ||||||
16 | "Summer school" means academic and enrichment programs | ||||||
17 | provided to students during the summer months outside of | ||||||
18 | the regular school year. | ||||||
19 | "Supervisory aide" means a non-licensed staff member | ||||||
20 | who helps in supervising students of an Organizational | ||||||
21 | Unit, but does so outside of the classroom, in situations | ||||||
22 | such as, but not limited to, monitoring hallways and | ||||||
23 | playgrounds, supervising lunchrooms, or supervising | ||||||
24 | students when being transported in buses serving the | ||||||
25 | Organizational Unit. | ||||||
26 | "Target Ratio" is defined in paragraph (4) of |
| |||||||
| |||||||
1 | subsection (g). | ||||||
2 | "Tier 1", "Tier 2", "Tier 3", and "Tier 4" are defined | ||||||
3 | in paragraph (3) of subsection (g). | ||||||
4 | "Tier 1 Aggregate Funding", "Tier 2 Aggregate | ||||||
5 | Funding", "Tier 3 Aggregate Funding", and "Tier 4 | ||||||
6 | Aggregate Funding" are defined in paragraph (1) of | ||||||
7 | subsection (g). | ||||||
8 | (b) Adequacy Target calculation. | ||||||
9 | (1) Each Organizational Unit's Adequacy Target is the | ||||||
10 | sum of the Organizational Unit's cost of providing | ||||||
11 | Essential Elements, as calculated in accordance with this | ||||||
12 | subsection (b), with the salary amounts in the Essential | ||||||
13 | Elements multiplied by a Regionalization Factor calculated | ||||||
14 | pursuant to paragraph (3) of this subsection (b). | ||||||
15 | (2) The Essential Elements are attributable on a pro | ||||||
16 | rata basis related to defined subgroups of the ASE of each | ||||||
17 | Organizational Unit as specified in this paragraph (2), | ||||||
18 | with investments and FTE positions pro rata funded based | ||||||
19 | on ASE counts in excess of or less than the thresholds set | ||||||
20 | forth in this paragraph (2). The method for calculating | ||||||
21 | attributable pro rata costs and the defined subgroups | ||||||
22 | thereto are as follows: | ||||||
23 | (A) Core class size investments. Each | ||||||
24 | Organizational Unit shall receive the funding required | ||||||
25 | to support that number of FTE core teacher positions | ||||||
26 | as is needed to keep the respective class sizes of the |
| |||||||
| |||||||
1 | Organizational Unit to the following maximum numbers: | ||||||
2 | (i) For grades kindergarten through 3, the | ||||||
3 | Organizational Unit shall receive funding required | ||||||
4 | to support one FTE core teacher position for every | ||||||
5 | 15 Low-Income Count students in those grades and | ||||||
6 | one FTE core teacher position for every 20 | ||||||
7 | non-Low-Income Count students in those grades. | ||||||
8 | (ii) For grades 4 through 12, the | ||||||
9 | Organizational Unit shall receive funding required | ||||||
10 | to support one FTE core teacher position for every | ||||||
11 | 20 Low-Income Count students in those grades and | ||||||
12 | one FTE core teacher position for every 25 | ||||||
13 | non-Low-Income Count students in those grades. | ||||||
14 | The number of non-Low-Income Count students in a | ||||||
15 | grade shall be determined by subtracting the | ||||||
16 | Low-Income students in that grade from the ASE of the | ||||||
17 | Organizational Unit for that grade. | ||||||
18 | (B) Specialist teacher investments. Each | ||||||
19 | Organizational Unit shall receive the funding needed | ||||||
20 | to cover that number of FTE specialist teacher | ||||||
21 | positions that correspond to the following | ||||||
22 | percentages: | ||||||
23 | (i) if the Organizational Unit operates an | ||||||
24 | elementary or middle school, then 20.00% of the | ||||||
25 | number of the Organizational Unit's core teachers, | ||||||
26 | as determined under subparagraph (A) of this |
| |||||||
| |||||||
1 | paragraph (2); and | ||||||
2 | (ii) if such Organizational Unit operates a | ||||||
3 | high school, then 33.33% of the number of the | ||||||
4 | Organizational Unit's core teachers. | ||||||
5 | (C) Instructional facilitator investments. Each | ||||||
6 | Organizational Unit shall receive the funding needed | ||||||
7 | to cover one FTE instructional facilitator position | ||||||
8 | for every 200 combined ASE of pre-kindergarten | ||||||
9 | children with disabilities and all kindergarten | ||||||
10 | through grade 12 students of the Organizational Unit. | ||||||
11 | (D) Core intervention teacher (tutor) investments. | ||||||
12 | Each Organizational Unit shall receive the funding | ||||||
13 | needed to cover one FTE teacher position for each | ||||||
14 | prototypical elementary, middle, and high school. | ||||||
15 | (E) Substitute teacher investments. Each | ||||||
16 | Organizational Unit shall receive the funding needed | ||||||
17 | to cover substitute teacher costs that is equal to | ||||||
18 | 5.70% of the minimum pupil attendance days required | ||||||
19 | under Section 10-19 of this Code for all full-time | ||||||
20 | equivalent core, specialist, and intervention | ||||||
21 | teachers, school nurses, special education teachers | ||||||
22 | and instructional assistants, instructional | ||||||
23 | facilitators, and summer school and extended day | ||||||
24 | teacher positions, as determined under this paragraph | ||||||
25 | (2), at a salary rate of 33.33% of the average salary | ||||||
26 | for grade K through 12 teachers and 33.33% of the |
| |||||||
| |||||||
1 | average salary of each instructional assistant | ||||||
2 | position. | ||||||
3 | (F) Core school counselor investments. Each | ||||||
4 | Organizational Unit shall receive the funding needed | ||||||
5 | to cover one FTE school counselor for each 450 | ||||||
6 | combined ASE of pre-kindergarten children with | ||||||
7 | disabilities and all kindergarten through grade 5 | ||||||
8 | students, plus one FTE school counselor for each 250 | ||||||
9 | grades 6 through 8 ASE middle school students, plus | ||||||
10 | one FTE school counselor for each 250 grades 9 through | ||||||
11 | 12 ASE high school students. | ||||||
12 | (G) Nurse investments. Each Organizational Unit | ||||||
13 | shall receive the funding needed to cover one FTE | ||||||
14 | nurse for each 750 combined ASE of pre-kindergarten | ||||||
15 | children with disabilities and all kindergarten | ||||||
16 | through grade 12 students across all grade levels it | ||||||
17 | serves. | ||||||
18 | (H) Supervisory aide investments. Each | ||||||
19 | Organizational Unit shall receive the funding needed | ||||||
20 | to cover one FTE for each 225 combined ASE of | ||||||
21 | pre-kindergarten children with disabilities and all | ||||||
22 | kindergarten through grade 5 students, plus one FTE | ||||||
23 | for each 225 ASE middle school students, plus one FTE | ||||||
24 | for each 200 ASE high school students. | ||||||
25 | (I) Librarian investments. Each Organizational | ||||||
26 | Unit shall receive the funding needed to cover one FTE |
| |||||||
| |||||||
1 | librarian for each prototypical elementary school, | ||||||
2 | middle school, and high school and one FTE aide or | ||||||
3 | media technician for every 300 combined ASE of | ||||||
4 | pre-kindergarten children with disabilities and all | ||||||
5 | kindergarten through grade 12 students. | ||||||
6 | (J) Principal investments. Each Organizational | ||||||
7 | Unit shall receive the funding needed to cover one FTE | ||||||
8 | principal position for each prototypical elementary | ||||||
9 | school, plus one FTE principal position for each | ||||||
10 | prototypical middle school, plus one FTE principal | ||||||
11 | position for each prototypical high school. | ||||||
12 | (K) Assistant principal investments. Each | ||||||
13 | Organizational Unit shall receive the funding needed | ||||||
14 | to cover one FTE assistant principal position for each | ||||||
15 | prototypical elementary school, plus one FTE assistant | ||||||
16 | principal position for each prototypical middle | ||||||
17 | school, plus one FTE assistant principal position for | ||||||
18 | each prototypical high school. | ||||||
19 | (L) School site staff investments. Each | ||||||
20 | Organizational Unit shall receive the funding needed | ||||||
21 | for one FTE position for each 225 ASE of | ||||||
22 | pre-kindergarten children with disabilities and all | ||||||
23 | kindergarten through grade 5 students, plus one FTE | ||||||
24 | position for each 225 ASE middle school students, plus | ||||||
25 | one FTE position for each 200 ASE high school | ||||||
26 | students. |
| |||||||
| |||||||
1 | (M) Gifted investments. Each Organizational Unit | ||||||
2 | shall receive $40 per kindergarten through grade 12 | ||||||
3 | ASE. | ||||||
4 | (N) Professional development investments. Each | ||||||
5 | Organizational Unit shall receive $125 per student of | ||||||
6 | the combined ASE of pre-kindergarten children with | ||||||
7 | disabilities and all kindergarten through grade 12 | ||||||
8 | students for trainers and other professional | ||||||
9 | development-related expenses for supplies and | ||||||
10 | materials. | ||||||
11 | (O) Instructional material investments. Each | ||||||
12 | Organizational Unit shall receive $190 per student of | ||||||
13 | the combined ASE of pre-kindergarten children with | ||||||
14 | disabilities and all kindergarten through grade 12 | ||||||
15 | students to cover instructional material costs. | ||||||
16 | (P) Assessment investments. Each Organizational | ||||||
17 | Unit shall receive $25 per student of the combined ASE | ||||||
18 | of pre-kindergarten children with disabilities and all | ||||||
19 | kindergarten through grade 12 students to cover | ||||||
20 | assessment costs. | ||||||
21 | (Q) Computer technology and equipment investments. | ||||||
22 | Each Organizational Unit shall receive $285.50 per | ||||||
23 | student of the combined ASE of pre-kindergarten | ||||||
24 | children with disabilities and all kindergarten | ||||||
25 | through grade 12 students to cover computer technology | ||||||
26 | and equipment costs. For the 2018-2019 school year and |
| |||||||
| |||||||
1 | subsequent school years, Organizational Units assigned | ||||||
2 | to Tier 1 and Tier 2 in the prior school year shall | ||||||
3 | receive an additional $285.50 per student of the | ||||||
4 | combined ASE of pre-kindergarten children with | ||||||
5 | disabilities and all kindergarten through grade 12 | ||||||
6 | students to cover computer technology and equipment | ||||||
7 | costs in the Organizational Unit's Adequacy Target. | ||||||
8 | The State Board may establish additional requirements | ||||||
9 | for Organizational Unit expenditures of funds received | ||||||
10 | pursuant to this subparagraph (Q), including a | ||||||
11 | requirement that funds received pursuant to this | ||||||
12 | subparagraph (Q) may be used only for serving the | ||||||
13 | technology needs of the district. It is the intent of | ||||||
14 | Public Act 100-465 that all Tier 1 and Tier 2 districts | ||||||
15 | receive the addition to their Adequacy Target in the | ||||||
16 | following year, subject to compliance with the | ||||||
17 | requirements of the State Board. | ||||||
18 | (R) Student activities investments. Each | ||||||
19 | Organizational Unit shall receive the following | ||||||
20 | funding amounts to cover student activities: $100 per | ||||||
21 | kindergarten through grade 5 ASE student in elementary | ||||||
22 | school, plus $200 per ASE student in middle school, | ||||||
23 | plus $675 per ASE student in high school. | ||||||
24 | (S) Maintenance and operations investments. Each | ||||||
25 | Organizational Unit shall receive $1,038 per student | ||||||
26 | of the combined ASE of pre-kindergarten children with |
| |||||||
| |||||||
1 | disabilities and all kindergarten through grade 12 | ||||||
2 | students for day-to-day maintenance and operations | ||||||
3 | expenditures, including salary, supplies, and | ||||||
4 | materials, as well as purchased services, but | ||||||
5 | excluding employee benefits. The proportion of salary | ||||||
6 | for the application of a Regionalization Factor and | ||||||
7 | the calculation of benefits is equal to $352.92. | ||||||
8 | (T) Central office investments. Each | ||||||
9 | Organizational Unit shall receive $742 per student of | ||||||
10 | the combined ASE of pre-kindergarten children with | ||||||
11 | disabilities and all kindergarten through grade 12 | ||||||
12 | students to cover central office operations, including | ||||||
13 | administrators and classified personnel charged with | ||||||
14 | managing the instructional programs, business and | ||||||
15 | operations of the school district, and security | ||||||
16 | personnel. The proportion of salary for the | ||||||
17 | application of a Regionalization Factor and the | ||||||
18 | calculation of benefits is equal to $368.48. | ||||||
19 | (U) Employee benefit investments. Each | ||||||
20 | Organizational Unit shall receive 30% of the total of | ||||||
21 | all salary-calculated elements of the Adequacy Target, | ||||||
22 | excluding substitute teachers and student activities | ||||||
23 | investments, to cover benefit costs. For central | ||||||
24 | office and maintenance and operations investments, the | ||||||
25 | benefit calculation shall be based upon the salary | ||||||
26 | proportion of each investment. If at any time the |
| |||||||
| |||||||
1 | responsibility for funding the employer normal cost of | ||||||
2 | teacher pensions is assigned to school districts, then | ||||||
3 | that amount certified by the Teachers' Retirement | ||||||
4 | System of the State of Illinois to be paid by the | ||||||
5 | Organizational Unit for the preceding school year | ||||||
6 | shall be added to the benefit investment. For any | ||||||
7 | fiscal year in which a school district organized under | ||||||
8 | Article 34 of this Code is responsible for paying the | ||||||
9 | employer normal cost of teacher pensions, then that | ||||||
10 | amount of its employer normal cost plus the amount for | ||||||
11 | retiree health insurance as certified by the Public | ||||||
12 | School Teachers' Pension and Retirement Fund of | ||||||
13 | Chicago to be paid by the school district for the | ||||||
14 | preceding school year that is statutorily required to | ||||||
15 | cover employer normal costs and the amount for retiree | ||||||
16 | health insurance shall be added to the 30% specified | ||||||
17 | in this subparagraph (U). The Teachers' Retirement | ||||||
18 | System of the State of Illinois and the Public School | ||||||
19 | Teachers' Pension and Retirement Fund of Chicago shall | ||||||
20 | submit such information as the State Superintendent | ||||||
21 | may require for the calculations set forth in this | ||||||
22 | subparagraph (U). | ||||||
23 | (V) Additional investments in low-income students. | ||||||
24 | In addition to and not in lieu of all other funding | ||||||
25 | under this paragraph (2), each Organizational Unit | ||||||
26 | shall receive funding based on the average teacher |
| |||||||
| |||||||
1 | salary for grades K through 12 to cover the costs of: | ||||||
2 | (i) one FTE intervention teacher (tutor) | ||||||
3 | position for every 125 Low-Income Count students; | ||||||
4 | (ii) one FTE pupil support staff position for | ||||||
5 | every 125 Low-Income Count students; | ||||||
6 | (iii) one FTE extended day teacher position | ||||||
7 | for every 120 Low-Income Count students; and | ||||||
8 | (iv) one FTE summer school teacher position | ||||||
9 | for every 120 Low-Income Count students. | ||||||
10 | (W) Additional investments in English learner | ||||||
11 | students. In addition to and not in lieu of all other | ||||||
12 | funding under this paragraph (2), each Organizational | ||||||
13 | Unit shall receive funding based on the average | ||||||
14 | teacher salary for grades K through 12 to cover the | ||||||
15 | costs of: | ||||||
16 | (i) one FTE intervention teacher (tutor) | ||||||
17 | position for every 125 English learner students; | ||||||
18 | (ii) one FTE pupil support staff position for | ||||||
19 | every 125 English learner students; | ||||||
20 | (iii) one FTE extended day teacher position | ||||||
21 | for every 120 English learner students; | ||||||
22 | (iv) one FTE summer school teacher position | ||||||
23 | for every 120 English learner students; and | ||||||
24 | (v) one FTE core teacher position for every | ||||||
25 | 100 English learner students. | ||||||
26 | (X) Special education investments. Each |
| |||||||
| |||||||
1 | Organizational Unit shall receive funding based on the | ||||||
2 | average teacher salary for grades K through 12 to | ||||||
3 | cover special education as follows: | ||||||
4 | (i) one FTE teacher position for every 141 | ||||||
5 | combined ASE of pre-kindergarten children with | ||||||
6 | disabilities and all kindergarten through grade 12 | ||||||
7 | students; | ||||||
8 | (ii) one FTE instructional assistant for every | ||||||
9 | 141 combined ASE of pre-kindergarten children with | ||||||
10 | disabilities and all kindergarten through grade 12 | ||||||
11 | students; and | ||||||
12 | (iii) one FTE psychologist position for every | ||||||
13 | 1,000 combined ASE of pre-kindergarten children | ||||||
14 | with disabilities and all kindergarten through | ||||||
15 | grade 12 students. | ||||||
16 | (3) For calculating the salaries included within the | ||||||
17 | Essential Elements, the State Superintendent shall | ||||||
18 | annually calculate average salaries to the nearest dollar | ||||||
19 | using the employment information system data maintained by | ||||||
20 | the State Board, limited to public schools only and | ||||||
21 | excluding special education and vocational cooperatives, | ||||||
22 | schools operated by the Department of Juvenile Justice, | ||||||
23 | and charter schools, for the following positions: | ||||||
24 | (A) Teacher for grades K through 8. | ||||||
25 | (B) Teacher for grades 9 through 12. | ||||||
26 | (C) Teacher for grades K through 12. |
| |||||||
| |||||||
1 | (D) School counselor for grades K through 8. | ||||||
2 | (E) School counselor for grades 9 through 12. | ||||||
3 | (F) School counselor for grades K through 12. | ||||||
4 | (G) Social worker. | ||||||
5 | (H) Psychologist. | ||||||
6 | (I) Librarian. | ||||||
7 | (J) Nurse. | ||||||
8 | (K) Principal. | ||||||
9 | (L) Assistant principal. | ||||||
10 | For the purposes of this paragraph (3), "teacher" | ||||||
11 | includes core teachers, specialist and elective teachers, | ||||||
12 | instructional facilitators, tutors, special education | ||||||
13 | teachers, pupil support staff teachers, English learner | ||||||
14 | teachers, extended day teachers, and summer school | ||||||
15 | teachers. Where specific grade data is not required for | ||||||
16 | the Essential Elements, the average salary for | ||||||
17 | corresponding positions shall apply. For substitute | ||||||
18 | teachers, the average teacher salary for grades K through | ||||||
19 | 12 shall apply. | ||||||
20 | For calculating the salaries included within the | ||||||
21 | Essential Elements for positions not included within EIS | ||||||
22 | Data, the following salaries shall be used in the first | ||||||
23 | year of implementation of Evidence-Based Funding: | ||||||
24 | (i) school site staff, $30,000; and | ||||||
25 | (ii) non-instructional assistant, instructional | ||||||
26 | assistant, library aide, library media tech, or |
| |||||||
| |||||||
1 | supervisory aide: $25,000. | ||||||
2 | In the second and subsequent years of implementation | ||||||
3 | of Evidence-Based Funding, the amounts in items (i) and | ||||||
4 | (ii) of this paragraph (3) shall annually increase by the | ||||||
5 | ECI. | ||||||
6 | The salary amounts for the Essential Elements | ||||||
7 | determined pursuant to subparagraphs (A) through (L), (S) | ||||||
8 | and (T), and (V) through (X) of paragraph (2) of | ||||||
9 | subsection (b) of this Section shall be multiplied by a | ||||||
10 | Regionalization Factor. | ||||||
11 | (c) Local Capacity calculation. | ||||||
12 | (1) Each Organizational Unit's Local Capacity | ||||||
13 | represents an amount of funding it is assumed to | ||||||
14 | contribute toward its Adequacy Target for purposes of the | ||||||
15 | Evidence-Based Funding formula calculation. "Local | ||||||
16 | Capacity" means either (i) the Organizational Unit's Local | ||||||
17 | Capacity Target as calculated in accordance with paragraph | ||||||
18 | (2) of this subsection (c) if its Real Receipts are equal | ||||||
19 | to or less than its Local Capacity Target or (ii) the | ||||||
20 | Organizational Unit's Adjusted Local Capacity, as | ||||||
21 | calculated in accordance with paragraph (3) of this | ||||||
22 | subsection (c) if Real Receipts are more than its Local | ||||||
23 | Capacity Target. | ||||||
24 | (2) "Local Capacity Target" means, for an | ||||||
25 | Organizational Unit, that dollar amount that is obtained | ||||||
26 | by multiplying its Adequacy Target by its Local Capacity |
| |||||||
| |||||||
1 | Ratio. | ||||||
2 | (A) An Organizational Unit's Local Capacity | ||||||
3 | Percentage is the conversion of the Organizational | ||||||
4 | Unit's Local Capacity Ratio, as such ratio is | ||||||
5 | determined in accordance with subparagraph (B) of this | ||||||
6 | paragraph (2), into a cumulative distribution | ||||||
7 | resulting in a percentile ranking to determine each | ||||||
8 | Organizational Unit's relative position to all other | ||||||
9 | Organizational Units in this State. The calculation of | ||||||
10 | Local Capacity Percentage is described in subparagraph | ||||||
11 | (C) of this paragraph (2). | ||||||
12 | (B) An Organizational Unit's Local Capacity Ratio | ||||||
13 | in a given year is the percentage obtained by dividing | ||||||
14 | its Adjusted EAV or PTELL EAV, whichever is less, by | ||||||
15 | its Adequacy Target, with the resulting ratio further | ||||||
16 | adjusted as follows: | ||||||
17 | (i) for Organizational Units serving grades | ||||||
18 | kindergarten through 12 and Hybrid Districts, no | ||||||
19 | further adjustments shall be made; | ||||||
20 | (ii) for Organizational Units serving grades | ||||||
21 | kindergarten through 8, the ratio shall be | ||||||
22 | multiplied by 9/13; | ||||||
23 | (iii) for Organizational Units serving grades | ||||||
24 | 9 through 12, the Local Capacity Ratio shall be | ||||||
25 | multiplied by 4/13; and | ||||||
26 | (iv) for an Organizational Unit with a |
| |||||||
| |||||||
1 | different grade configuration than those specified | ||||||
2 | in items (i) through (iii) of this subparagraph | ||||||
3 | (B), the State Superintendent shall determine a | ||||||
4 | comparable adjustment based on the grades served. | ||||||
5 | (C) The Local Capacity Percentage is equal to the | ||||||
6 | percentile ranking of the district. Local Capacity | ||||||
7 | Percentage converts each Organizational Unit's Local | ||||||
8 | Capacity Ratio to a cumulative distribution resulting | ||||||
9 | in a percentile ranking to determine each | ||||||
10 | Organizational Unit's relative position to all other | ||||||
11 | Organizational Units in this State. The Local Capacity | ||||||
12 | Percentage cumulative distribution resulting in a | ||||||
13 | percentile ranking for each Organizational Unit shall | ||||||
14 | be calculated using the standard normal distribution | ||||||
15 | of the score in relation to the weighted mean and | ||||||
16 | weighted standard deviation and Local Capacity Ratios | ||||||
17 | of all Organizational Units. If the value assigned to | ||||||
18 | any Organizational Unit is in excess of 90%, the value | ||||||
19 | shall be adjusted to 90%. For Laboratory Schools, the | ||||||
20 | Local Capacity Percentage shall be set at 10% in
| ||||||
21 | recognition of the absence of EAV and resources from | ||||||
22 | the public university that are allocated to
the | ||||||
23 | Laboratory School. For programs operated by a regional | ||||||
24 | office of education or an intermediate service center, | ||||||
25 | the Local Capacity Percentage must be set at 10% in | ||||||
26 | recognition of the absence of EAV and resources from |
| |||||||
| |||||||
1 | school districts that are allocated to the regional | ||||||
2 | office of education or intermediate service center. | ||||||
3 | The weighted mean for the Local Capacity Percentage | ||||||
4 | shall be determined by multiplying each Organizational | ||||||
5 | Unit's Local Capacity Ratio times the ASE for the unit | ||||||
6 | creating a weighted value, summing the weighted values | ||||||
7 | of all Organizational Units, and dividing by the total | ||||||
8 | ASE of all Organizational Units. The weighted standard | ||||||
9 | deviation shall be determined by taking the square | ||||||
10 | root of the weighted variance of all Organizational | ||||||
11 | Units' Local Capacity Ratio, where the variance is | ||||||
12 | calculated by squaring the difference between each | ||||||
13 | unit's Local Capacity Ratio and the weighted mean, | ||||||
14 | then multiplying the variance for each unit times the | ||||||
15 | ASE for the unit to create a weighted variance for each | ||||||
16 | unit, then summing all units' weighted variance and | ||||||
17 | dividing by the total ASE of all units. | ||||||
18 | (D) For any Organizational Unit, the | ||||||
19 | Organizational Unit's Adjusted Local Capacity Target | ||||||
20 | shall be reduced by either (i) the school board's | ||||||
21 | remaining contribution pursuant to paragraph (ii) of | ||||||
22 | subsection (b-4) of Section 16-158 of the Illinois | ||||||
23 | Pension Code in a given year or (ii) the board of | ||||||
24 | education's remaining contribution pursuant to | ||||||
25 | paragraph (iv) of subsection (b) of Section 17-129 of | ||||||
26 | the Illinois Pension Code absent the employer normal |
| |||||||
| |||||||
1 | cost portion of the required contribution and amount | ||||||
2 | allowed pursuant to subdivision (3) of Section | ||||||
3 | 17-142.1 of the Illinois Pension Code in a given year. | ||||||
4 | In the preceding sentence, item (i) shall be certified | ||||||
5 | to the State Board of Education by the Teachers' | ||||||
6 | Retirement System of the State of Illinois and item | ||||||
7 | (ii) shall be certified to the State Board of | ||||||
8 | Education by the Public School Teachers' Pension and | ||||||
9 | Retirement Fund of the City of Chicago. | ||||||
10 | (3) If an Organizational Unit's Real Receipts are more | ||||||
11 | than its Local Capacity Target, then its Local Capacity | ||||||
12 | shall equal an Adjusted Local Capacity Target as | ||||||
13 | calculated in accordance with this paragraph (3). The | ||||||
14 | Adjusted Local Capacity Target is calculated as the sum of | ||||||
15 | the Organizational Unit's Local Capacity Target and its | ||||||
16 | Real Receipts Adjustment. The Real Receipts Adjustment | ||||||
17 | equals the Organizational Unit's Real Receipts less its | ||||||
18 | Local Capacity Target, with the resulting figure | ||||||
19 | multiplied by the Local Capacity Percentage. | ||||||
20 | As used in this paragraph (3), "Real Percent of | ||||||
21 | Adequacy" means the sum of an Organizational Unit's Real | ||||||
22 | Receipts, CPPRT, and Base Funding Minimum, with the | ||||||
23 | resulting figure divided by the Organizational Unit's | ||||||
24 | Adequacy Target. | ||||||
25 | (d) Calculation of Real Receipts, EAV, and Adjusted EAV | ||||||
26 | for purposes of the Local Capacity calculation. |
| |||||||
| |||||||
1 | (1) An Organizational Unit's Real Receipts are the | ||||||
2 | product of its Applicable Tax Rate and its Adjusted EAV. | ||||||
3 | An Organizational Unit's Applicable Tax Rate is its | ||||||
4 | Adjusted Operating Tax Rate for property within the | ||||||
5 | Organizational Unit. | ||||||
6 | (2) The State Superintendent shall calculate the | ||||||
7 | equalized assessed valuation, or EAV, of all taxable | ||||||
8 | property of each Organizational Unit as of September 30 of | ||||||
9 | the previous year in accordance with paragraph (3) of this | ||||||
10 | subsection (d). The State Superintendent shall then | ||||||
11 | determine the Adjusted EAV of each Organizational Unit in | ||||||
12 | accordance with paragraph (4) of this subsection (d), | ||||||
13 | which Adjusted EAV figure shall be used for the purposes | ||||||
14 | of calculating Local Capacity. | ||||||
15 | (3) To calculate Real Receipts and EAV, the Department | ||||||
16 | of Revenue shall supply to the State Superintendent the | ||||||
17 | value as equalized or assessed by the Department of | ||||||
18 | Revenue of all taxable property of every Organizational | ||||||
19 | Unit, together with (i) the applicable tax rate used in | ||||||
20 | extending taxes for the funds of the Organizational Unit | ||||||
21 | as of September 30 of the previous year and (ii) the | ||||||
22 | limiting rate for all Organizational Units subject to | ||||||
23 | property tax extension limitations as imposed under PTELL. | ||||||
24 | (A) The Department of Revenue shall add to the | ||||||
25 | equalized assessed value of all taxable property of | ||||||
26 | each Organizational Unit situated entirely or |
| |||||||
| |||||||
1 | partially within a county that is or was subject to the | ||||||
2 | provisions of Section 15-176 or 15-177 of the Property | ||||||
3 | Tax Code (i) an amount equal to the total amount by | ||||||
4 | which the homestead exemption allowed under Section | ||||||
5 | 15-176 or 15-177 of the Property Tax Code for real | ||||||
6 | property situated in that Organizational Unit exceeds | ||||||
7 | the total amount that would have been allowed in that | ||||||
8 | Organizational Unit if the maximum reduction under | ||||||
9 | Section 15-176 was (I) $4,500 in Cook County or $3,500 | ||||||
10 | in all other counties in tax year 2003 or (II) $5,000 | ||||||
11 | in all counties in tax year 2004 and thereafter and | ||||||
12 | (ii) an amount equal to the aggregate amount for the | ||||||
13 | taxable year of all additional exemptions under | ||||||
14 | Section 15-175 of the Property Tax Code for owners | ||||||
15 | with a household income of $30,000 or less. The county | ||||||
16 | clerk of any county that is or was subject to the | ||||||
17 | provisions of Section 15-176 or 15-177 of the Property | ||||||
18 | Tax Code shall annually calculate and certify to the | ||||||
19 | Department of Revenue for each Organizational Unit all | ||||||
20 | homestead exemption amounts under Section 15-176 or | ||||||
21 | 15-177 of the Property Tax Code and all amounts of | ||||||
22 | additional exemptions under Section 15-175 of the | ||||||
23 | Property Tax Code for owners with a household income | ||||||
24 | of $30,000 or less. It is the intent of this | ||||||
25 | subparagraph (A) that if the general homestead | ||||||
26 | exemption for a parcel of property is determined under |
| |||||||
| |||||||
1 | Section 15-176 or 15-177 of the Property Tax Code | ||||||
2 | rather than Section 15-175, then the calculation of | ||||||
3 | EAV shall not be affected by the difference, if any, | ||||||
4 | between the amount of the general homestead exemption | ||||||
5 | allowed for that parcel of property under Section | ||||||
6 | 15-176 or 15-177 of the Property Tax Code and the | ||||||
7 | amount that would have been allowed had the general | ||||||
8 | homestead exemption for that parcel of property been | ||||||
9 | determined under Section 15-175 of the Property Tax | ||||||
10 | Code. It is further the intent of this subparagraph | ||||||
11 | (A) that if additional exemptions are allowed under | ||||||
12 | Section 15-175 of the Property Tax Code for owners | ||||||
13 | with a household income of less than $30,000, then the | ||||||
14 | calculation of EAV shall not be affected by the | ||||||
15 | difference, if any, because of those additional | ||||||
16 | exemptions. | ||||||
17 | (B) With respect to any part of an Organizational | ||||||
18 | Unit within a redevelopment project area in respect to | ||||||
19 | which a municipality has adopted tax increment | ||||||
20 | allocation financing pursuant to the Tax Increment | ||||||
21 | Allocation Redevelopment Act, Division 74.4 of Article | ||||||
22 | 11 of the Illinois Municipal Code, or the Industrial | ||||||
23 | Jobs Recovery Law, Division 74.6 of Article 11 of the | ||||||
24 | Illinois Municipal Code, no part of the current EAV of | ||||||
25 | real property located in any such project area that is | ||||||
26 | attributable to an increase above the total initial |
| |||||||
| |||||||
1 | EAV of such property shall be used as part of the EAV | ||||||
2 | of the Organizational Unit, until such time as all | ||||||
3 | redevelopment project costs have been paid, as | ||||||
4 | provided in Section 11-74.4-8 of the Tax Increment | ||||||
5 | Allocation Redevelopment Act or in Section 11-74.6-35 | ||||||
6 | of the Industrial Jobs Recovery Law. For the purpose | ||||||
7 | of the EAV of the Organizational Unit, the total | ||||||
8 | initial EAV or the current EAV, whichever is lower, | ||||||
9 | shall be used until such time as all redevelopment | ||||||
10 | project costs have been paid. | ||||||
11 | (B-5) The real property equalized assessed | ||||||
12 | valuation for a school district shall be adjusted by | ||||||
13 | subtracting from the real property value, as equalized | ||||||
14 | or assessed by the Department of Revenue, for the | ||||||
15 | district an amount computed by dividing the amount of | ||||||
16 | any abatement of taxes under Section 18-170 of the | ||||||
17 | Property Tax Code by 3.00% for a district maintaining | ||||||
18 | grades kindergarten through 12, by 2.30% for a | ||||||
19 | district maintaining grades kindergarten through 8, or | ||||||
20 | by 1.05% for a district maintaining grades 9 through | ||||||
21 | 12 and adjusted by an amount computed by dividing the | ||||||
22 | amount of any abatement of taxes under subsection (a) | ||||||
23 | of Section 18-165 of the Property Tax Code by the same | ||||||
24 | percentage rates for district type as specified in | ||||||
25 | this subparagraph (B-5). | ||||||
26 | (C) For Organizational Units that are Hybrid |
| |||||||
| |||||||
1 | Districts, the State Superintendent shall use the | ||||||
2 | lesser of the adjusted equalized assessed valuation | ||||||
3 | for property within the partial elementary unit | ||||||
4 | district for elementary purposes, as defined in | ||||||
5 | Article 11E of this Code, or the adjusted equalized | ||||||
6 | assessed valuation for property within the partial | ||||||
7 | elementary unit district for high school purposes, as | ||||||
8 | defined in Article 11E of this Code. | ||||||
9 | (D) If a school district's boundaries span | ||||||
10 | multiple counties, then the Department of Revenue | ||||||
11 | shall send to the State Board, for the purposes of | ||||||
12 | calculating Evidence-Based Funding, the limiting rate | ||||||
13 | and individual rates by purpose for the county that | ||||||
14 | contains the majority of the school district's | ||||||
15 | equalized assessed valuation. | ||||||
16 | (4) An Organizational Unit's Adjusted EAV shall be the | ||||||
17 | average of its EAV over the immediately preceding 3 years | ||||||
18 | or the lesser of its EAV in the immediately preceding year | ||||||
19 | or the average of its EAV over the immediately preceding 3 | ||||||
20 | years if the EAV in the immediately preceding year has | ||||||
21 | declined by 10% or more when comparing the 2 most recent | ||||||
22 | years. In the event of Organizational Unit reorganization, | ||||||
23 | consolidation, or annexation, the Organizational Unit's | ||||||
24 | Adjusted EAV for the first 3 years after such change shall | ||||||
25 | be as follows: the most current EAV shall be used in the | ||||||
26 | first year, the average of a 2-year EAV or its EAV in the |
| |||||||
| |||||||
1 | immediately preceding year if the EAV declines by 10% or | ||||||
2 | more when comparing the 2 most recent years for the second | ||||||
3 | year, and the lesser of a 3-year average EAV or its EAV in | ||||||
4 | the immediately preceding year if the Adjusted EAV | ||||||
5 | declines by 10% or more when comparing the 2 most recent | ||||||
6 | years for the third year. For any school district whose | ||||||
7 | EAV in the immediately preceding year is used in | ||||||
8 | calculations, in the following year, the Adjusted EAV | ||||||
9 | shall be the average of its EAV over the immediately | ||||||
10 | preceding 2 years or the immediately preceding year if | ||||||
11 | that year represents a decline of 10% or more when | ||||||
12 | comparing the 2 most recent years. | ||||||
13 | "PTELL EAV" means a figure calculated by the State | ||||||
14 | Board for Organizational Units subject to PTELL as | ||||||
15 | described in this paragraph (4) for the purposes of | ||||||
16 | calculating an Organizational Unit's Local Capacity Ratio. | ||||||
17 | Except as otherwise provided in this paragraph (4), the | ||||||
18 | PTELL EAV of an Organizational Unit shall be equal to the | ||||||
19 | product of the equalized assessed valuation last used in | ||||||
20 | the calculation of general State aid under Section 18-8.05 | ||||||
21 | of this Code (now repealed) or Evidence-Based Funding | ||||||
22 | under this Section and the Organizational Unit's Extension | ||||||
23 | Limitation Ratio. If an Organizational Unit has approved | ||||||
24 | or does approve an increase in its limiting rate, pursuant | ||||||
25 | to Section 18-190 of the Property Tax Code, affecting the | ||||||
26 | Base Tax Year, the PTELL EAV shall be equal to the product |
| |||||||
| |||||||
1 | of the equalized assessed valuation last used in the | ||||||
2 | calculation of general State aid under Section 18-8.05 of | ||||||
3 | this Code (now repealed) or Evidence-Based Funding under | ||||||
4 | this Section multiplied by an amount equal to one plus the | ||||||
5 | percentage increase, if any, in the Consumer Price Index | ||||||
6 | for All Urban Consumers for all items published by the | ||||||
7 | United States Department of Labor for the 12-month | ||||||
8 | calendar year preceding the Base Tax Year, plus the | ||||||
9 | equalized assessed valuation of new property, annexed | ||||||
10 | property, and recovered tax increment value and minus the | ||||||
11 | equalized assessed valuation of disconnected property. | ||||||
12 | As used in this paragraph (4), "new property" and | ||||||
13 | "recovered tax increment value" shall have the meanings | ||||||
14 | set forth in the Property Tax Extension Limitation Law. | ||||||
15 | (e) Base Funding Minimum calculation. | ||||||
16 | (1) For the 2017-2018 school year, the Base Funding | ||||||
17 | Minimum of an Organizational Unit or a Specially Funded | ||||||
18 | Unit shall be the amount of State funds distributed to the | ||||||
19 | Organizational Unit or Specially Funded Unit during the | ||||||
20 | 2016-2017 school year prior to any adjustments and | ||||||
21 | specified appropriation amounts described in this | ||||||
22 | paragraph (1) from the following Sections, as calculated | ||||||
23 | by the State Superintendent: Section 18-8.05 of this Code | ||||||
24 | (now repealed); Section 5 of Article 224 of Public Act | ||||||
25 | 99-524 (equity grants); Section 14-7.02b of this Code | ||||||
26 | (funding for children requiring special education |
| |||||||
| |||||||
1 | services); Section 14-13.01 of this Code (special | ||||||
2 | education facilities and staffing), except for | ||||||
3 | reimbursement of the cost of transportation pursuant to | ||||||
4 | Section 14-13.01; Section 14C-12 of this Code (English | ||||||
5 | learners); and Section 18-4.3 of this Code (summer | ||||||
6 | school), based on an appropriation level of $13,121,600. | ||||||
7 | For a school district organized under Article 34 of this | ||||||
8 | Code, the Base Funding Minimum also includes (i) the funds | ||||||
9 | allocated to the school district pursuant to Section 1D-1 | ||||||
10 | of this Code attributable to funding programs authorized | ||||||
11 | by the Sections of this Code listed in the preceding | ||||||
12 | sentence and (ii) the difference between (I) the funds | ||||||
13 | allocated to the school district pursuant to Section 1D-1 | ||||||
14 | of this Code attributable to the funding programs | ||||||
15 | authorized by Section 14-7.02 (non-public special | ||||||
16 | education reimbursement), subsection (b) of Section | ||||||
17 | 14-13.01 (special education transportation), Section 29-5 | ||||||
18 | (transportation), Section 2-3.80 (agricultural | ||||||
19 | education), Section 2-3.66 (truants' alternative | ||||||
20 | education), Section 2-3.62 (educational service centers), | ||||||
21 | and Section 14-7.03 (special education - orphanage) of | ||||||
22 | this Code and Section 15 of the Childhood Hunger Relief | ||||||
23 | Act (free breakfast program) and (II) the school | ||||||
24 | district's actual expenditures for its non-public special | ||||||
25 | education, special education transportation, | ||||||
26 | transportation programs, agricultural education, truants' |
| |||||||
| |||||||
1 | alternative education, services that would otherwise be | ||||||
2 | performed by a regional office of education, special | ||||||
3 | education orphanage expenditures, and free breakfast, as | ||||||
4 | most recently calculated and reported pursuant to | ||||||
5 | subsection (f) of Section 1D-1 of this Code. The Base | ||||||
6 | Funding Minimum for Glenwood Academy shall be $952,014 | ||||||
7 | $625,500 . For programs operated by a regional office of | ||||||
8 | education or an intermediate service center, the Base | ||||||
9 | Funding Minimum must be the total amount of State funds | ||||||
10 | allocated to those programs in the 2018-2019 school year | ||||||
11 | and amounts provided pursuant to Article 34 of Public Act | ||||||
12 | 100-586 and Section 3-16 of this Code. All programs | ||||||
13 | established after June 5, 2019 (the effective date of | ||||||
14 | Public Act 101-10) and administered by a regional office | ||||||
15 | of education or an intermediate service center must have | ||||||
16 | an initial Base Funding Minimum set to an amount equal to | ||||||
17 | the first-year ASE multiplied by the amount of per pupil | ||||||
18 | funding received in the previous school year by the lowest | ||||||
19 | funded similar existing program type. If the enrollment | ||||||
20 | for a program operated by a regional office of education | ||||||
21 | or an intermediate service center is zero, then it may not | ||||||
22 | receive Base Funding Minimum funds for that program in the | ||||||
23 | next fiscal year, and those funds must be distributed to | ||||||
24 | Organizational Units under subsection (g). | ||||||
25 | (2) For the 2018-2019 and subsequent school years, the | ||||||
26 | Base Funding Minimum of Organizational Units and Specially |
| |||||||
| |||||||
1 | Funded Units shall be the sum of (i) the amount of | ||||||
2 | Evidence-Based Funding for the prior school year, (ii) the | ||||||
3 | Base Funding Minimum for the prior school year, and (iii) | ||||||
4 | any amount received by a school district pursuant to | ||||||
5 | Section 7 of Article 97 of Public Act 100-21. | ||||||
6 | For the 2022-2023 school year, the Base Funding | ||||||
7 | Minimum of Organizational Units shall be the amounts | ||||||
8 | recalculated by the State Board of Education for Fiscal | ||||||
9 | Year 2019 through Fiscal Year 2022 that were necessary due | ||||||
10 | to average student enrollment errors for districts | ||||||
11 | organized under Article 34 of this Code, plus the Fiscal | ||||||
12 | Year 2022 property tax relief grants provided under | ||||||
13 | Section 2-3.170 of this Code, ensuring each Organizational | ||||||
14 | Unit has the correct amount of resources for Fiscal Year | ||||||
15 | 2023 Evidence-Based Funding calculations and that Fiscal | ||||||
16 | Year 2023 Evidence-Based Funding Distributions are made in | ||||||
17 | accordance with this Section. | ||||||
18 | (3) Subject to approval by the General Assembly as | ||||||
19 | provided in this paragraph (3), an Organizational Unit | ||||||
20 | that meets all of the following criteria, as determined by | ||||||
21 | the State Board, shall have District Intervention Money | ||||||
22 | added to its Base Funding Minimum at the time the Base | ||||||
23 | Funding Minimum is calculated by the State Board: | ||||||
24 | (A) The Organizational Unit is operating under an | ||||||
25 | Independent Authority under Section 2-3.25f-5 of this | ||||||
26 | Code for a minimum of 4 school years or is subject to |
| |||||||
| |||||||
1 | the control of the State Board pursuant to a court | ||||||
2 | order for a minimum of 4 school years. | ||||||
3 | (B) The Organizational Unit was designated as a | ||||||
4 | Tier 1 or Tier 2 Organizational Unit in the previous | ||||||
5 | school year under paragraph (3) of subsection (g) of | ||||||
6 | this Section. | ||||||
7 | (C) The Organizational Unit demonstrates | ||||||
8 | sustainability through a 5-year financial and | ||||||
9 | strategic plan. | ||||||
10 | (D) The Organizational Unit has made sufficient | ||||||
11 | progress and achieved sufficient stability in the | ||||||
12 | areas of governance, academic growth, and finances. | ||||||
13 | As part of its determination under this paragraph (3), | ||||||
14 | the State Board may consider the Organizational Unit's | ||||||
15 | summative designation, any accreditations of the | ||||||
16 | Organizational Unit, or the Organizational Unit's | ||||||
17 | financial profile, as calculated by the State Board. | ||||||
18 | If the State Board determines that an Organizational | ||||||
19 | Unit has met the criteria set forth in this paragraph (3), | ||||||
20 | it must submit a report to the General Assembly, no later | ||||||
21 | than January 2 of the fiscal year in which the State Board | ||||||
22 | makes it determination, on the amount of District | ||||||
23 | Intervention Money to add to the Organizational Unit's | ||||||
24 | Base Funding Minimum. The General Assembly must review the | ||||||
25 | State Board's report and may approve or disapprove, by | ||||||
26 | joint resolution, the addition of District Intervention |
| |||||||
| |||||||
1 | Money. If the General Assembly fails to act on the report | ||||||
2 | within 40 calendar days from the receipt of the report, | ||||||
3 | the addition of District Intervention Money is deemed | ||||||
4 | approved. If the General Assembly approves the amount of | ||||||
5 | District Intervention Money to be added to the | ||||||
6 | Organizational Unit's Base Funding Minimum, the District | ||||||
7 | Intervention Money must be added to the Base Funding | ||||||
8 | Minimum annually thereafter. | ||||||
9 | For the first 4 years following the initial year that | ||||||
10 | the State Board determines that an Organizational Unit has | ||||||
11 | met the criteria set forth in this paragraph (3) and has | ||||||
12 | received funding under this Section, the Organizational | ||||||
13 | Unit must annually submit to the State Board, on or before | ||||||
14 | November 30, a progress report regarding its financial and | ||||||
15 | strategic plan under subparagraph (C) of this paragraph | ||||||
16 | (3). The plan shall include the financial data from the | ||||||
17 | past 4 annual financial reports or financial audits that | ||||||
18 | must be presented to the State Board by November 15 of each | ||||||
19 | year and the approved budget financial data for the | ||||||
20 | current year. The plan shall be developed according to the | ||||||
21 | guidelines presented to the Organizational Unit by the | ||||||
22 | State Board. The plan shall further include financial | ||||||
23 | projections for the next 3 fiscal years and include a | ||||||
24 | discussion and financial summary of the Organizational | ||||||
25 | Unit's facility needs. If the Organizational Unit does not | ||||||
26 | demonstrate sufficient progress toward its 5-year plan or |
| |||||||
| |||||||
1 | if it has failed to file an annual financial report, an | ||||||
2 | annual budget, a financial plan, a deficit reduction plan, | ||||||
3 | or other financial information as required by law, the | ||||||
4 | State Board may establish a Financial Oversight Panel | ||||||
5 | under Article 1H of this Code. However, if the | ||||||
6 | Organizational Unit already has a Financial Oversight | ||||||
7 | Panel, the State Board may extend the duration of the | ||||||
8 | Panel. | ||||||
9 | (f) Percent of Adequacy and Final Resources calculation. | ||||||
10 | (1) The Evidence-Based Funding formula establishes a | ||||||
11 | Percent of Adequacy for each Organizational Unit in order | ||||||
12 | to place such units into tiers for the purposes of the | ||||||
13 | funding distribution system described in subsection (g) of | ||||||
14 | this Section. Initially, an Organizational Unit's | ||||||
15 | Preliminary Resources and Preliminary Percent of Adequacy | ||||||
16 | are calculated pursuant to paragraph (2) of this | ||||||
17 | subsection (f). Then, an Organizational Unit's Final | ||||||
18 | Resources and Final Percent of Adequacy are calculated to | ||||||
19 | account for the Organizational Unit's poverty | ||||||
20 | concentration levels pursuant to paragraphs (3) and (4) of | ||||||
21 | this subsection (f). | ||||||
22 | (2) An Organizational Unit's Preliminary Resources are | ||||||
23 | equal to the sum of its Local Capacity Target, CPPRT, and | ||||||
24 | Base Funding Minimum. An Organizational Unit's Preliminary | ||||||
25 | Percent of Adequacy is the lesser of (i) its Preliminary | ||||||
26 | Resources divided by its Adequacy Target or (ii) 100%. |
| |||||||
| |||||||
1 | (3) Except for Specially Funded Units, an | ||||||
2 | Organizational Unit's Final Resources are equal to the sum | ||||||
3 | of its Local Capacity, CPPRT, and Adjusted Base Funding | ||||||
4 | Minimum. The Base Funding Minimum of each Specially Funded | ||||||
5 | Unit shall serve as its Final Resources, except that the | ||||||
6 | Base Funding Minimum for State-approved charter schools | ||||||
7 | shall not include any portion of general State aid | ||||||
8 | allocated in the prior year based on the per capita | ||||||
9 | tuition charge times the charter school enrollment. | ||||||
10 | (4) An Organizational Unit's Final Percent of Adequacy | ||||||
11 | is its Final Resources divided by its Adequacy Target. An | ||||||
12 | Organizational Unit's Adjusted Base Funding Minimum is | ||||||
13 | equal to its Base Funding Minimum less its Supplemental | ||||||
14 | Grant Funding, with the resulting figure added to the | ||||||
15 | product of its Supplemental Grant Funding and Preliminary | ||||||
16 | Percent of Adequacy. | ||||||
17 | (g) Evidence-Based Funding formula distribution system. | ||||||
18 | (1) In each school year under the Evidence-Based | ||||||
19 | Funding formula, each Organizational Unit receives funding | ||||||
20 | equal to the sum of its Base Funding Minimum and the unit's | ||||||
21 | allocation of New State Funds determined pursuant to this | ||||||
22 | subsection (g). To allocate New State Funds, the | ||||||
23 | Evidence-Based Funding formula distribution system first | ||||||
24 | places all Organizational Units into one of 4 tiers in | ||||||
25 | accordance with paragraph (3) of this subsection (g), | ||||||
26 | based on the Organizational Unit's Final Percent of |
| |||||||
| |||||||
1 | Adequacy. New State Funds are allocated to each of the 4 | ||||||
2 | tiers as follows: Tier 1 Aggregate Funding equals 50% of | ||||||
3 | all New State Funds, Tier 2 Aggregate Funding equals 49% | ||||||
4 | of all New State Funds, Tier 3 Aggregate Funding equals | ||||||
5 | 0.9% of all New State Funds, and Tier 4 Aggregate Funding | ||||||
6 | equals 0.1% of all New State Funds. Each Organizational | ||||||
7 | Unit within Tier 1 or Tier 2 receives an allocation of New | ||||||
8 | State Funds equal to its tier Funding Gap, as defined in | ||||||
9 | the following sentence, multiplied by the tier's | ||||||
10 | Allocation Rate determined pursuant to paragraph (4) of | ||||||
11 | this subsection (g). For Tier 1, an Organizational Unit's | ||||||
12 | Funding Gap equals the tier's Target Ratio, as specified | ||||||
13 | in paragraph (5) of this subsection (g), multiplied by the | ||||||
14 | Organizational Unit's Adequacy Target, with the resulting | ||||||
15 | amount reduced by the Organizational Unit's Final | ||||||
16 | Resources. For Tier 2, an Organizational Unit's Funding | ||||||
17 | Gap equals the tier's Target Ratio, as described in | ||||||
18 | paragraph (5) of this subsection (g), multiplied by the | ||||||
19 | Organizational Unit's Adequacy Target, with the resulting | ||||||
20 | amount reduced by the Organizational Unit's Final | ||||||
21 | Resources and its Tier 1 funding allocation. To determine | ||||||
22 | the Organizational Unit's Funding Gap, the resulting | ||||||
23 | amount is then multiplied by a factor equal to one minus | ||||||
24 | the Organizational Unit's Local Capacity Target | ||||||
25 | percentage. Each Organizational Unit within Tier 3 or Tier | ||||||
26 | 4 receives an allocation of New State Funds equal to the |
| |||||||
| |||||||
1 | product of its Adequacy Target and the tier's Allocation | ||||||
2 | Rate, as specified in paragraph (4) of this subsection | ||||||
3 | (g). | ||||||
4 | (2) To ensure equitable distribution of dollars for | ||||||
5 | all Tier 2 Organizational Units, no Tier 2 Organizational | ||||||
6 | Unit shall receive fewer dollars per ASE than any Tier 3 | ||||||
7 | Organizational Unit. Each Tier 2 and Tier 3 Organizational | ||||||
8 | Unit shall have its funding allocation divided by its ASE. | ||||||
9 | Any Tier 2 Organizational Unit with a funding allocation | ||||||
10 | per ASE below the greatest Tier 3 allocation per ASE shall | ||||||
11 | get a funding allocation equal to the greatest Tier 3 | ||||||
12 | funding allocation per ASE multiplied by the | ||||||
13 | Organizational Unit's ASE. Each Tier 2 Organizational | ||||||
14 | Unit's Tier 2 funding allocation shall be multiplied by | ||||||
15 | the percentage calculated by dividing the original Tier 2 | ||||||
16 | Aggregate Funding by the sum of all Tier 2 Organizational | ||||||
17 | Units' Tier 2 funding allocation after adjusting | ||||||
18 | districts' funding below Tier 3 levels. | ||||||
19 | (3) Organizational Units are placed into one of 4 | ||||||
20 | tiers as follows: | ||||||
21 | (A) Tier 1 consists of all Organizational Units, | ||||||
22 | except for Specially Funded Units, with a Percent of | ||||||
23 | Adequacy less than the Tier 1 Target Ratio. The Tier 1 | ||||||
24 | Target Ratio is the ratio level that allows for Tier 1 | ||||||
25 | Aggregate Funding to be distributed, with the Tier 1 | ||||||
26 | Allocation Rate determined pursuant to paragraph (4) |
| |||||||
| |||||||
1 | of this subsection (g). | ||||||
2 | (B) Tier 2 consists of all Tier 1 Units and all | ||||||
3 | other Organizational Units, except for Specially | ||||||
4 | Funded Units, with a Percent of Adequacy of less than | ||||||
5 | 0.90. | ||||||
6 | (C) Tier 3 consists of all Organizational Units, | ||||||
7 | except for Specially Funded Units, with a Percent of | ||||||
8 | Adequacy of at least 0.90 and less than 1.0. | ||||||
9 | (D) Tier 4 consists of all Organizational Units | ||||||
10 | with a Percent of Adequacy of at least 1.0. | ||||||
11 | (4) The Allocation Rates for Tiers 1 through 4 are | ||||||
12 | determined as follows: | ||||||
13 | (A) The Tier 1 Allocation Rate is 30%. | ||||||
14 | (B) The Tier 2 Allocation Rate is the result of the | ||||||
15 | following equation: Tier 2 Aggregate Funding, divided | ||||||
16 | by the sum of the Funding Gaps for all Tier 2 | ||||||
17 | Organizational Units, unless the result of such | ||||||
18 | equation is higher than 1.0. If the result of such | ||||||
19 | equation is higher than 1.0, then the Tier 2 | ||||||
20 | Allocation Rate is 1.0. | ||||||
21 | (C) The Tier 3 Allocation Rate is the result of the | ||||||
22 | following equation: Tier 3
Aggregate Funding, divided | ||||||
23 | by the sum of the Adequacy Targets of all Tier 3 | ||||||
24 | Organizational
Units. | ||||||
25 | (D) The Tier 4 Allocation Rate is the result of the | ||||||
26 | following equation: Tier 4
Aggregate Funding, divided |
| |||||||
| |||||||
1 | by the sum of the Adequacy Targets of all Tier 4 | ||||||
2 | Organizational
Units. | ||||||
3 | (5) A tier's Target Ratio is determined as follows: | ||||||
4 | (A) The Tier 1 Target Ratio is the ratio level that | ||||||
5 | allows for Tier 1 Aggregate Funding to be distributed | ||||||
6 | with the Tier 1 Allocation Rate. | ||||||
7 | (B) The Tier 2 Target Ratio is 0.90. | ||||||
8 | (C) The Tier 3 Target Ratio is 1.0. | ||||||
9 | (6) If, at any point, the Tier 1 Target Ratio is | ||||||
10 | greater than 90%, then all Tier 1 funding shall be | ||||||
11 | allocated to Tier 2 and no Tier 1 Organizational Unit's | ||||||
12 | funding may be identified. | ||||||
13 | (7) In the event that all Tier 2 Organizational Units | ||||||
14 | receive funding at the Tier 2 Target Ratio level, any | ||||||
15 | remaining New State Funds shall be allocated to Tier 3 and | ||||||
16 | Tier 4 Organizational Units. | ||||||
17 | (8) If any Specially Funded Units, excluding Glenwood | ||||||
18 | Academy, recognized by the State Board do not qualify for | ||||||
19 | direct funding following the implementation of Public Act | ||||||
20 | 100-465 from any of the funding sources included within | ||||||
21 | the definition of Base Funding Minimum, the unqualified | ||||||
22 | portion of the Base Funding Minimum shall be transferred | ||||||
23 | to one or more appropriate Organizational Units as | ||||||
24 | determined by the State Superintendent based on the prior | ||||||
25 | year ASE of the Organizational Units. | ||||||
26 | (8.5) If a school district withdraws from a special |
| |||||||
| |||||||
1 | education cooperative, the portion of the Base Funding | ||||||
2 | Minimum that is attributable to the school district may be | ||||||
3 | redistributed to the school district upon withdrawal. The | ||||||
4 | school district and the cooperative must include the | ||||||
5 | amount of the Base Funding Minimum that is to be | ||||||
6 | reapportioned in their withdrawal agreement and notify the | ||||||
7 | State Board of the change with a copy of the agreement upon | ||||||
8 | withdrawal. | ||||||
9 | (9) The Minimum Funding Level is intended to establish | ||||||
10 | a target for State funding that will keep pace with | ||||||
11 | inflation and continue to advance equity through the | ||||||
12 | Evidence-Based Funding formula. The target for State | ||||||
13 | funding of New Property Tax Relief Pool Funds is | ||||||
14 | $50,000,000 for State fiscal year 2019 and subsequent | ||||||
15 | State fiscal years. The Minimum Funding Level is equal to | ||||||
16 | $350,000,000. In addition to any New State Funds, no more | ||||||
17 | than $50,000,000 New Property Tax Relief Pool Funds may be | ||||||
18 | counted toward the Minimum Funding Level. If the sum of | ||||||
19 | New State Funds and applicable New Property Tax Relief | ||||||
20 | Pool Funds are less than the Minimum Funding Level, than | ||||||
21 | funding for tiers shall be reduced in the following | ||||||
22 | manner: | ||||||
23 | (A) First, Tier 4 funding shall be reduced by an | ||||||
24 | amount equal to the difference between the Minimum | ||||||
25 | Funding Level and New State Funds until such time as | ||||||
26 | Tier 4 funding is exhausted. |
| |||||||
| |||||||
1 | (B) Next, Tier 3 funding shall be reduced by an | ||||||
2 | amount equal to the difference between the Minimum | ||||||
3 | Funding Level and New State Funds and the reduction in | ||||||
4 | Tier 4 funding until such time as Tier 3 funding is | ||||||
5 | exhausted. | ||||||
6 | (C) Next, Tier 2 funding shall be reduced by an | ||||||
7 | amount equal to the difference between the Minimum | ||||||
8 | Funding Level and New State Funds and the reduction in | ||||||
9 | Tier 4 and Tier 3. | ||||||
10 | (D) Finally, Tier 1 funding shall be reduced by an | ||||||
11 | amount equal to the difference between the Minimum | ||||||
12 | Funding level and New State Funds and the reduction in | ||||||
13 | Tier 2, 3, and 4 funding. In addition, the Allocation | ||||||
14 | Rate for Tier 1 shall be reduced to a percentage equal | ||||||
15 | to the Tier 1 Allocation Rate set by paragraph (4) of | ||||||
16 | this subsection (g), multiplied by the result of New | ||||||
17 | State Funds divided by the Minimum Funding Level. | ||||||
18 | (9.5) For State fiscal year 2019 and subsequent State | ||||||
19 | fiscal years, if New State Funds exceed $300,000,000, then | ||||||
20 | any amount in excess of $300,000,000 shall be dedicated | ||||||
21 | for purposes of Section 2-3.170 of this Code up to a | ||||||
22 | maximum of $50,000,000. | ||||||
23 | (10) In the event of a decrease in the amount of the | ||||||
24 | appropriation for this Section in any fiscal year after | ||||||
25 | implementation of this Section, the Organizational Units | ||||||
26 | receiving Tier 1 and Tier 2 funding, as determined under |
| |||||||
| |||||||
1 | paragraph (3) of this subsection (g), shall be held | ||||||
2 | harmless by establishing a Base Funding Guarantee equal to | ||||||
3 | the per pupil kindergarten through grade 12 funding | ||||||
4 | received in accordance with this Section in the prior | ||||||
5 | fiscal year. Reductions shall be
made to the Base Funding | ||||||
6 | Minimum of Organizational Units in Tier 3 and Tier 4 on a
| ||||||
7 | per pupil basis equivalent to the total number of the ASE | ||||||
8 | in Tier 3-funded and Tier 4-funded Organizational Units | ||||||
9 | divided by the total reduction in State funding. The Base
| ||||||
10 | Funding Minimum as reduced shall continue to be applied to | ||||||
11 | Tier 3 and Tier 4
Organizational Units and adjusted by the | ||||||
12 | relative formula when increases in
appropriations for this | ||||||
13 | Section resume. In no event may State funding reductions | ||||||
14 | to
Organizational Units in Tier 3 or Tier 4 exceed an | ||||||
15 | amount that would be less than the
Base Funding Minimum | ||||||
16 | established in the first year of implementation of this
| ||||||
17 | Section. If additional reductions are required, all school | ||||||
18 | districts shall receive a
reduction by a per pupil amount | ||||||
19 | equal to the aggregate additional appropriation
reduction | ||||||
20 | divided by the total ASE of all Organizational Units. | ||||||
21 | (11) The State Superintendent shall make minor | ||||||
22 | adjustments to the distribution formula set forth in this | ||||||
23 | subsection (g) to account for the rounding of percentages | ||||||
24 | to the nearest tenth of a percentage and dollar amounts to | ||||||
25 | the nearest whole dollar. | ||||||
26 | (h) State Superintendent administration of funding and |
| |||||||
| |||||||
1 | district submission requirements. | ||||||
2 | (1) The State Superintendent shall, in accordance with | ||||||
3 | appropriations made by the General Assembly, meet the | ||||||
4 | funding obligations created under this Section. | ||||||
5 | (2) The State Superintendent shall calculate the | ||||||
6 | Adequacy Target for each Organizational Unit under this | ||||||
7 | Section. No Evidence-Based Funding shall be distributed | ||||||
8 | within an Organizational Unit without the approval of the | ||||||
9 | unit's school board. | ||||||
10 | (3) Annually, the State Superintendent shall calculate | ||||||
11 | and report to each Organizational Unit the unit's | ||||||
12 | aggregate financial adequacy amount, which shall be the | ||||||
13 | sum of the Adequacy Target for each Organizational Unit. | ||||||
14 | The State Superintendent shall calculate and report | ||||||
15 | separately for each Organizational Unit the unit's total | ||||||
16 | State funds allocated for its students with disabilities. | ||||||
17 | The State Superintendent shall calculate and report | ||||||
18 | separately for each Organizational Unit the amount of | ||||||
19 | funding and applicable FTE calculated for each Essential | ||||||
20 | Element of the unit's Adequacy Target. | ||||||
21 | (4) Annually, the State Superintendent shall calculate | ||||||
22 | and report to each Organizational Unit the amount the unit | ||||||
23 | must expend on special education and bilingual education | ||||||
24 | and computer technology and equipment for Organizational | ||||||
25 | Units assigned to Tier 1 or Tier 2 that received an | ||||||
26 | additional $285.50 per student computer technology and |
| |||||||
| |||||||
1 | equipment investment grant to their Adequacy Target | ||||||
2 | pursuant to the unit's Base Funding Minimum, Special | ||||||
3 | Education Allocation, Bilingual Education Allocation, and | ||||||
4 | computer technology and equipment investment allocation. | ||||||
5 | (5) Moneys distributed under this Section shall be | ||||||
6 | calculated on a school year basis, but paid on a fiscal | ||||||
7 | year basis, with payments beginning in August and | ||||||
8 | extending through June. Unless otherwise provided, the | ||||||
9 | moneys appropriated for each fiscal year shall be | ||||||
10 | distributed in 22 equal payments at least 2 times monthly | ||||||
11 | to each Organizational Unit. If moneys appropriated for | ||||||
12 | any fiscal year are distributed other than monthly, the | ||||||
13 | distribution shall be on the same basis for each | ||||||
14 | Organizational Unit. | ||||||
15 | (6) Any school district that fails, for any given | ||||||
16 | school year, to maintain school as required by law or to | ||||||
17 | maintain a recognized school is not eligible to receive | ||||||
18 | Evidence-Based Funding. In case of non-recognition of one | ||||||
19 | or more attendance centers in a school district otherwise | ||||||
20 | operating recognized schools, the claim of the district | ||||||
21 | shall be reduced in the proportion that the enrollment in | ||||||
22 | the attendance center or centers bears to the enrollment | ||||||
23 | of the school district. "Recognized school" means any | ||||||
24 | public school that meets the standards for recognition by | ||||||
25 | the State Board. A school district or attendance center | ||||||
26 | not having recognition status at the end of a school term |
| |||||||
| |||||||
1 | is entitled to receive State aid payments due upon a legal | ||||||
2 | claim that was filed while it was recognized. | ||||||
3 | (7) School district claims filed under this Section | ||||||
4 | are subject to Sections 18-9 and 18-12 of this Code, | ||||||
5 | except as otherwise provided in this Section. | ||||||
6 | (8) Each fiscal year, the State Superintendent shall | ||||||
7 | calculate for each Organizational Unit an amount of its | ||||||
8 | Base Funding Minimum and Evidence-Based Funding that shall | ||||||
9 | be deemed attributable to the provision of special | ||||||
10 | educational facilities and services, as defined in Section | ||||||
11 | 14-1.08 of this Code, in a manner that ensures compliance | ||||||
12 | with maintenance of State financial support requirements | ||||||
13 | under the federal Individuals with Disabilities Education | ||||||
14 | Act. An Organizational Unit must use such funds only for | ||||||
15 | the provision of special educational facilities and | ||||||
16 | services, as defined in Section 14-1.08 of this Code, and | ||||||
17 | must comply with any expenditure verification procedures | ||||||
18 | adopted by the State Board. | ||||||
19 | (9) All Organizational Units in this State must submit | ||||||
20 | annual spending plans by the end of September of each year | ||||||
21 | to the State Board as part of the annual budget process, | ||||||
22 | which shall describe how each Organizational Unit will | ||||||
23 | utilize the Base Funding Minimum and Evidence-Based | ||||||
24 | Funding it receives from this State under this Section | ||||||
25 | with specific identification of the intended utilization | ||||||
26 | of Low-Income, English learner, and special education |
| |||||||
| |||||||
1 | resources. Additionally, the annual spending plans of each | ||||||
2 | Organizational Unit shall describe how the Organizational | ||||||
3 | Unit expects to achieve student growth and how the | ||||||
4 | Organizational Unit will achieve State education goals, as | ||||||
5 | defined by the State Board. The State Superintendent may, | ||||||
6 | from time to time, identify additional requisites for | ||||||
7 | Organizational Units to satisfy when compiling the annual | ||||||
8 | spending plans required under this subsection (h). The | ||||||
9 | format and scope of annual spending plans shall be | ||||||
10 | developed by the State Superintendent and the State Board | ||||||
11 | of Education. School districts that serve students under | ||||||
12 | Article 14C of this Code shall continue to submit | ||||||
13 | information as required under Section 14C-12 of this Code. | ||||||
14 | (10) No later than January 1, 2018, the State | ||||||
15 | Superintendent shall develop a 5-year strategic plan for | ||||||
16 | all Organizational Units to help in planning for adequacy | ||||||
17 | funding under this Section. The State Superintendent shall | ||||||
18 | submit the plan to the Governor and the General Assembly, | ||||||
19 | as provided in Section 3.1 of the General Assembly | ||||||
20 | Organization Act. The plan shall include recommendations | ||||||
21 | for: | ||||||
22 | (A) a framework for collaborative, professional, | ||||||
23 | innovative, and 21st century learning environments | ||||||
24 | using the Evidence-Based Funding model; | ||||||
25 | (B) ways to prepare and support this State's | ||||||
26 | educators for successful instructional careers; |
| |||||||
| |||||||
1 | (C) application and enhancement of the current | ||||||
2 | financial accountability measures, the approved State | ||||||
3 | plan to comply with the federal Every Student Succeeds | ||||||
4 | Act, and the Illinois Balanced Accountability Measures | ||||||
5 | in relation to student growth and elements of the | ||||||
6 | Evidence-Based Funding model; and | ||||||
7 | (D) implementation of an effective school adequacy | ||||||
8 | funding system based on projected and recommended | ||||||
9 | funding levels from the General Assembly. | ||||||
10 | (11) On an annual basis, the State Superintendent
must | ||||||
11 | recalibrate all of the following per pupil elements of the | ||||||
12 | Adequacy Target and applied to the formulas, based on the | ||||||
13 | study of average expenses and as reported in the most | ||||||
14 | recent annual financial report: | ||||||
15 | (A) Gifted under subparagraph (M) of paragraph
(2) | ||||||
16 | of subsection (b). | ||||||
17 | (B) Instructional materials under subparagraph
(O) | ||||||
18 | of paragraph (2) of subsection (b). | ||||||
19 | (C) Assessment under subparagraph (P) of
paragraph | ||||||
20 | (2) of subsection (b). | ||||||
21 | (D) Student activities under subparagraph (R) of
| ||||||
22 | paragraph (2) of subsection (b). | ||||||
23 | (E) Maintenance and operations under subparagraph
| ||||||
24 | (S) of paragraph (2) of subsection (b). | ||||||
25 | (F) Central office under subparagraph (T) of
| ||||||
26 | paragraph (2) of subsection (b). |
| |||||||
| |||||||
1 | (i) Professional Review Panel. | ||||||
2 | (1) A Professional Review Panel is created to study | ||||||
3 | and review topics related to the implementation and effect | ||||||
4 | of Evidence-Based Funding, as assigned by a joint | ||||||
5 | resolution or Public Act of the General Assembly or a | ||||||
6 | motion passed by the State Board of Education. The Panel | ||||||
7 | must provide recommendations to and serve the Governor, | ||||||
8 | the General Assembly, and the State Board. The State | ||||||
9 | Superintendent or his or her designee must serve as a | ||||||
10 | voting member and chairperson of the Panel. The State | ||||||
11 | Superintendent must appoint a vice chairperson from the | ||||||
12 | membership of the Panel. The Panel must advance | ||||||
13 | recommendations based on a three-fifths majority vote of | ||||||
14 | Panel members present and voting. A minority opinion may | ||||||
15 | also accompany any recommendation of the Panel. The Panel | ||||||
16 | shall be appointed by the State Superintendent, except as | ||||||
17 | otherwise provided in paragraph (2) of this subsection (i) | ||||||
18 | and include the following members: | ||||||
19 | (A) Two appointees that represent district | ||||||
20 | superintendents, recommended by a statewide | ||||||
21 | organization that represents district superintendents. | ||||||
22 | (B) Two appointees that represent school boards, | ||||||
23 | recommended by a statewide organization that | ||||||
24 | represents school boards. | ||||||
25 | (C) Two appointees from districts that represent | ||||||
26 | school business officials, recommended by a statewide |
| |||||||
| |||||||
1 | organization that represents school business | ||||||
2 | officials. | ||||||
3 | (D) Two appointees that represent school | ||||||
4 | principals, recommended by a statewide organization | ||||||
5 | that represents school principals. | ||||||
6 | (E) Two appointees that represent teachers, | ||||||
7 | recommended by a statewide organization that | ||||||
8 | represents teachers. | ||||||
9 | (F) Two appointees that represent teachers, | ||||||
10 | recommended by another statewide organization that | ||||||
11 | represents teachers. | ||||||
12 | (G) Two appointees that represent regional | ||||||
13 | superintendents of schools, recommended by | ||||||
14 | organizations that represent regional superintendents. | ||||||
15 | (H) Two independent experts selected solely by the | ||||||
16 | State Superintendent. | ||||||
17 | (I) Two independent experts recommended by public | ||||||
18 | universities in this State. | ||||||
19 | (J) One member recommended by a statewide | ||||||
20 | organization that represents parents. | ||||||
21 | (K) Two representatives recommended by collective | ||||||
22 | impact organizations that represent major metropolitan | ||||||
23 | areas or geographic areas in Illinois. | ||||||
24 | (L) One member from a statewide organization | ||||||
25 | focused on research-based education policy to support | ||||||
26 | a school system that prepares all students for |
| |||||||
| |||||||
1 | college, a career, and democratic citizenship. | ||||||
2 | (M) One representative from a school district | ||||||
3 | organized under Article 34 of this Code. | ||||||
4 | The State Superintendent shall ensure that the | ||||||
5 | membership of the Panel includes representatives from | ||||||
6 | school districts and communities reflecting the | ||||||
7 | geographic, socio-economic, racial, and ethnic diversity | ||||||
8 | of this State. The State Superintendent shall additionally | ||||||
9 | ensure that the membership of the Panel includes | ||||||
10 | representatives with expertise in bilingual education and | ||||||
11 | special education. Staff from the State Board shall staff | ||||||
12 | the Panel. | ||||||
13 | (2) In addition to those Panel members appointed by | ||||||
14 | the State Superintendent, 4 members of the General | ||||||
15 | Assembly shall be appointed as follows: one member of the | ||||||
16 | House of Representatives appointed by the Speaker of the | ||||||
17 | House of Representatives, one member of the Senate | ||||||
18 | appointed by the President of the Senate, one member of | ||||||
19 | the House of Representatives appointed by the Minority | ||||||
20 | Leader of the House of Representatives, and one member of | ||||||
21 | the Senate appointed by the Minority Leader of the Senate. | ||||||
22 | There shall be one additional member appointed by the | ||||||
23 | Governor. All members appointed by legislative leaders or | ||||||
24 | the Governor shall be non-voting, ex officio members. | ||||||
25 | (3) The Panel must study topics at the direction of | ||||||
26 | the General Assembly or State Board of Education, as |
| |||||||
| |||||||
1 | provided under paragraph (1). The Panel may also study the | ||||||
2 | following topics at the direction of the chairperson: | ||||||
3 | (A) The format and scope of annual spending plans | ||||||
4 | referenced in paragraph (9) of subsection (h) of this | ||||||
5 | Section. | ||||||
6 | (B) The Comparable Wage Index under this Section. | ||||||
7 | (C) Maintenance and operations, including capital | ||||||
8 | maintenance and construction costs. | ||||||
9 | (D) "At-risk student" definition. | ||||||
10 | (E) Benefits. | ||||||
11 | (F) Technology. | ||||||
12 | (G) Local Capacity Target. | ||||||
13 | (H) Funding for Alternative Schools, Laboratory | ||||||
14 | Schools, safe schools, and alternative learning | ||||||
15 | opportunities programs. | ||||||
16 | (I) Funding for college and career acceleration | ||||||
17 | strategies. | ||||||
18 | (J) Special education investments. | ||||||
19 | (K) Early childhood investments, in collaboration | ||||||
20 | with the Illinois Early Learning Council. | ||||||
21 | (4) (Blank). | ||||||
22 | (5) Within 5 years after the implementation of this | ||||||
23 | Section, and every 5 years thereafter, the Panel shall | ||||||
24 | complete an evaluative study of the entire Evidence-Based | ||||||
25 | Funding model, including an assessment of whether or not | ||||||
26 | the formula is achieving State goals. The Panel shall |
| |||||||
| |||||||
1 | report to the State Board, the General Assembly, and the | ||||||
2 | Governor on the findings of the study. | ||||||
3 | (6) (Blank). | ||||||
4 | (7) To ensure that (i) the Adequacy Target calculation | ||||||
5 | under subsection (b) accurately reflects the needs of | ||||||
6 | students living in poverty or attending schools located in | ||||||
7 | areas of high poverty, (ii) racial equity within the | ||||||
8 | Evidence-Based Funding formula is explicitly explored and | ||||||
9 | advanced, and (iii) the funding goals of the formula | ||||||
10 | distribution system established under this Section are | ||||||
11 | sufficient to provide adequate funding for every student | ||||||
12 | and to fully fund every school in this State, the Panel | ||||||
13 | shall review the Essential Elements under paragraph (2) of | ||||||
14 | subsection (b). The Panel shall consider all of the | ||||||
15 | following in its review: | ||||||
16 | (A) The financial ability of school districts to | ||||||
17 | provide instruction in a foreign language to every | ||||||
18 | student and whether an additional Essential Element | ||||||
19 | should be added to the formula to ensure that every | ||||||
20 | student has access to instruction in a foreign | ||||||
21 | language. | ||||||
22 | (B) The adult-to-student ratio for each Essential | ||||||
23 | Element in which a ratio is identified. The Panel | ||||||
24 | shall consider whether the ratio accurately reflects | ||||||
25 | the staffing needed to support students living in | ||||||
26 | poverty or who have traumatic backgrounds. |
| |||||||
| |||||||
1 | (C) Changes to the Essential Elements that may be | ||||||
2 | required to better promote racial equity and eliminate | ||||||
3 | structural racism within schools. | ||||||
4 | (D) The impact of investing $350,000,000 in | ||||||
5 | additional funds each year under this Section and an | ||||||
6 | estimate of when the school system will become fully | ||||||
7 | funded under this level of appropriation. | ||||||
8 | (E) Provide an overview of alternative funding | ||||||
9 | structures that would enable the State to become fully | ||||||
10 | funded at an earlier date. | ||||||
11 | (F) The potential to increase efficiency and to | ||||||
12 | find cost savings within the school system to expedite | ||||||
13 | the journey to a fully funded system. | ||||||
14 | (G) The appropriate levels for reenrolling and | ||||||
15 | graduating high-risk high school students who have | ||||||
16 | been previously out of school. These outcomes shall | ||||||
17 | include enrollment, attendance, skill gains, credit | ||||||
18 | gains, graduation or promotion to the next grade | ||||||
19 | level, and the transition to college, training, or | ||||||
20 | employment, with an emphasis on progressively | ||||||
21 | increasing the overall attendance. | ||||||
22 | (H) The evidence-based or research-based practices | ||||||
23 | that are shown to reduce the gaps and disparities | ||||||
24 | experienced by African American students in academic | ||||||
25 | achievement and educational performance, including | ||||||
26 | practices that have been shown to reduce disparities |
| |||||||
| |||||||
1 | in disciplinary rates, drop-out rates, graduation | ||||||
2 | rates, college matriculation rates, and college | ||||||
3 | completion rates. | ||||||
4 | On or before December 31, 2021, the Panel shall report | ||||||
5 | to the State Board, the General Assembly, and the Governor | ||||||
6 | on the findings of its review. This paragraph (7) is | ||||||
7 | inoperative on and after July 1, 2022. | ||||||
8 | (8) On or before April 1, 2024, the Panel must submit a | ||||||
9 | report to the General Assembly on annual adjustments to | ||||||
10 | Glenwood Academy's base-funding minimum in a similar | ||||||
11 | fashion to school districts under this Section. | ||||||
12 | (j) References. Beginning July 1, 2017, references in | ||||||
13 | other laws to general State aid funds or calculations under | ||||||
14 | Section 18-8.05 of this Code (now repealed) shall be deemed to | ||||||
15 | be references to evidence-based model formula funds or | ||||||
16 | calculations under this Section. | ||||||
17 | (Source: P.A. 101-10, eff. 6-5-19; 101-17, eff. 6-14-19; | ||||||
18 | 101-643, eff. 6-18-20; 101-654, eff. 3-8-21; 102-33, eff. | ||||||
19 | 6-25-21; 102-197, eff. 7-30-21; 102-558, eff. 8-20-21; | ||||||
20 | 102-699, eff. 4-19-22; 102-782, eff. 1-1-23; 102-813, eff. | ||||||
21 | 5-13-22; 102-894, eff. 5-20-22; revised 12-13-22.)
| ||||||
22 | (105 ILCS 5/27-23.1) (from Ch. 122, par. 27-23.1)
| ||||||
23 | Sec. 27-23.1. Parenting education. | ||||||
24 | (a) The State Board of Education must assist each school | ||||||
25 | district that offers an evidence-based parenting education |
| |||||||
| |||||||
1 | model. School districts may provide
instruction in parenting | ||||||
2 | education for grades 6 through 12 and include such
instruction | ||||||
3 | in the courses of study regularly taught therein.
School | ||||||
4 | districts may give regular school credit for satisfactory | ||||||
5 | completion
by the student of such courses.
| ||||||
6 | As used in this subsection (a), "parenting education" | ||||||
7 | means and includes
instruction in the following:
| ||||||
8 | (1) Child growth and development, including prenatal | ||||||
9 | development.
| ||||||
10 | (2) Childbirth and child care.
| ||||||
11 | (3) Family structure, function and management.
| ||||||
12 | (4) Prenatal and postnatal care for mothers and | ||||||
13 | infants.
| ||||||
14 | (5) Prevention of child abuse.
| ||||||
15 | (6) The physical, mental, emotional, social, economic | ||||||
16 | and psychological
aspects of interpersonal and family | ||||||
17 | relationships.
| ||||||
18 | (7) Parenting skill development.
| ||||||
19 | The State Board of Education shall assist those districts | ||||||
20 | offering
parenting education instruction, upon request, in | ||||||
21 | developing instructional
materials, training teachers, and | ||||||
22 | establishing appropriate time allotments
for each of the areas | ||||||
23 | included in such instruction.
| ||||||
24 | School districts may offer parenting education courses | ||||||
25 | during that period
of the day which is not part of the regular | ||||||
26 | school day. Residents of
the school district may enroll in |
| |||||||
| |||||||
1 | such courses. The school board may
establish fees and collect | ||||||
2 | such charges as may be necessary for attendance
at such | ||||||
3 | courses in an amount not to exceed the per capita cost of the
| ||||||
4 | operation thereof, except that the board may waive all or part | ||||||
5 | of such
charges if it determines that the individual is | ||||||
6 | indigent or that the
educational needs of the individual | ||||||
7 | requires his or her attendance at such courses.
| ||||||
8 | (b) Beginning with the 2019-2020 school year, from | ||||||
9 | appropriations made for the purposes of this Section, the | ||||||
10 | State Board of Education shall implement and administer a | ||||||
11 | 7-year 3-year pilot program supporting the health and wellness | ||||||
12 | student-learning requirement by utilizing a unit of | ||||||
13 | instruction on parenting education in participating school | ||||||
14 | districts that maintain grades 9 through 12, to be determined | ||||||
15 | by the participating school districts. The program is | ||||||
16 | encouraged to include, but is not be limited to, instruction | ||||||
17 | on (i) family structure, function, and management, (ii) the | ||||||
18 | prevention of child abuse, (iii) the physical, mental, | ||||||
19 | emotional, social, economic, and psychological aspects of | ||||||
20 | interpersonal and family relationships, and (iv) parenting | ||||||
21 | education competency development that is aligned to the social | ||||||
22 | and emotional learning standards of the student's grade level. | ||||||
23 | Instruction under this subsection (b) may be included in the | ||||||
24 | Comprehensive Health Education Program set forth under Section | ||||||
25 | 3 of the Critical Health Problems and Comprehensive Health | ||||||
26 | Education Act. The State Board of Education is authorized to |
| |||||||
| |||||||
1 | make grants to school districts that apply to participate in | ||||||
2 | the pilot program under this subsection (b). The State Board | ||||||
3 | of Education shall by rule provide for the form of the | ||||||
4 | application and criteria to be used and applied in selecting | ||||||
5 | participating urban, suburban, and rural school districts. The | ||||||
6 | provisions of this subsection (b), other than this sentence, | ||||||
7 | are inoperative at the conclusion of the pilot program. | ||||||
8 | (Source: P.A. 100-1043, eff. 8-23-18.)
| ||||||
9 | Section 5-100. The School Construction Law is amended by | ||||||
10 | changing Section 5-300 as follows: | ||||||
11 | (105 ILCS 230/5-300) | ||||||
12 | Sec. 5-300. Early childhood construction grants. | ||||||
13 | (a) The Capital Development Board is authorized to make | ||||||
14 | grants to public school districts and not-for-profit entities | ||||||
15 | for early childhood construction projects , except that in | ||||||
16 | fiscal year 2024 those grants may be made only to public school | ||||||
17 | districts . These grants shall be paid out of moneys | ||||||
18 | appropriated for that purpose from the School Construction | ||||||
19 | Fund , the Build Illinois Bond Fund, or the Rebuild Illinois | ||||||
20 | Projects Fund . No grants may be awarded to entities providing | ||||||
21 | services within private residences. A public school district | ||||||
22 | or other eligible entity must provide local matching funds in | ||||||
23 | the following manner: | ||||||
24 | (1) A public school district assigned to Tier 1 under |
| |||||||
| |||||||
1 | Section 18-8.15 of the School Code or any other eligible | ||||||
2 | entity in an area encompassed by that district must | ||||||
3 | provide local matching funds in an amount equal to 3% of | ||||||
4 | the grant awarded under this Section. | ||||||
5 | (2) A public school district assigned to Tier 2 under | ||||||
6 | Section 18-8.15 of the School Code or any other eligible | ||||||
7 | entity in an area encompassed by that district must | ||||||
8 | provide local matching funds in an amount equal to 7.5% of | ||||||
9 | the grant awarded under this Section. | ||||||
10 | (3) A public school district assigned to Tier 3 under | ||||||
11 | Section 18-8.15 of the School Code or any other eligible | ||||||
12 | entity in an area encompassed by that district must | ||||||
13 | provide local matching funds in an amount equal to 8.75% | ||||||
14 | of the grant awarded under this Section. | ||||||
15 | (4) A public school district assigned to Tier 4 under | ||||||
16 | Section 18-8.15 of the School Code or any other eligible | ||||||
17 | entity in an area encompassed by that district must | ||||||
18 | provide local matching funds in an amount equal to 10% of | ||||||
19 | the grant awarded under this Section. | ||||||
20 | A public school district or other eligible entity has no | ||||||
21 | entitlement to a grant under this Section. | ||||||
22 | (b) The Capital Development Board shall adopt rules to | ||||||
23 | implement this Section. These rules need not be the same as the | ||||||
24 | rules for school construction project grants or school | ||||||
25 | maintenance project grants.
The rules may specify: | ||||||
26 | (1) the manner of applying for grants; |
| |||||||
| |||||||
1 | (2) project eligibility requirements; | ||||||
2 | (3) restrictions on the use of grant moneys; | ||||||
3 | (4) the manner in which school districts and other | ||||||
4 | eligible entities must account for the use of grant | ||||||
5 | moneys; | ||||||
6 | (5) requirements that new or improved facilities be | ||||||
7 | used for early childhood and other related programs for a | ||||||
8 | period of at least 10 years; and | ||||||
9 | (6) any other provision that the Capital Development | ||||||
10 | Board determines to be necessary or useful for the | ||||||
11 | administration of this Section. | ||||||
12 | (b-5) When grants are made to non-profit corporations for | ||||||
13 | the acquisition or construction of new facilities, the Capital | ||||||
14 | Development Board or any State agency it so designates shall | ||||||
15 | hold title to or place a lien on the facility for a period of | ||||||
16 | 10 years after the date of the grant award, after which title | ||||||
17 | to the facility shall be transferred to the non-profit | ||||||
18 | corporation or the lien shall be removed, provided that the | ||||||
19 | non-profit corporation has complied with the terms of its | ||||||
20 | grant agreement. When grants are made to non-profit | ||||||
21 | corporations for the purpose of renovation or rehabilitation, | ||||||
22 | if the non-profit corporation does not comply with item (5) of | ||||||
23 | subsection (b) of this Section, the Capital Development Board | ||||||
24 | or any State agency it so designates shall recover the grant | ||||||
25 | pursuant to the procedures outlined in the Illinois Grant | ||||||
26 | Funds Recovery Act. |
| |||||||
| |||||||
1 | (c) The Capital Development Board, in consultation with | ||||||
2 | the State Board of Education, shall establish standards for | ||||||
3 | the determination of priority needs concerning early childhood | ||||||
4 | projects based on projects located in communities in the State | ||||||
5 | with the greatest underserved population of young children, | ||||||
6 | utilizing Census data and other reliable local early childhood | ||||||
7 | service data. | ||||||
8 | (d) In each school year in which early childhood | ||||||
9 | construction project grants are awarded, 20% of the total | ||||||
10 | amount awarded shall be awarded to a school district with a | ||||||
11 | population of more than 500,000, provided that the school | ||||||
12 | district complies with the requirements of this Section and | ||||||
13 | the rules adopted under this Section.
| ||||||
14 | (Source: P.A. 102-16, eff. 6-17-21.) | ||||||
15 | Section 5-104. The Public Community College Act is amended | ||||||
16 | by changing Section 2-16.02 as follows:
| ||||||
17 | (110 ILCS 805/2-16.02) (from Ch. 122, par. 102-16.02)
| ||||||
18 | Sec. 2-16.02. Grants. Any community college district that | ||||||
19 | maintains a
community college recognized by the State Board | ||||||
20 | shall receive, when eligible,
grants enumerated in this | ||||||
21 | Section. Funded semester credit hours or other
measures or | ||||||
22 | both as specified by the State Board shall be used to | ||||||
23 | distribute
grants to community colleges. Funded semester | ||||||
24 | credit hours shall be defined,
for purposes of this Section, |
| |||||||
| |||||||
1 | as the greater of
(1) the number of semester credit hours, or | ||||||
2 | equivalent, in all funded
instructional categories of students | ||||||
3 | who have been certified as being in
attendance at midterm | ||||||
4 | during the respective terms of the base fiscal year or
(2) the | ||||||
5 | average of semester credit hours, or equivalent, in all funded
| ||||||
6 | instructional categories of students who have been certified | ||||||
7 | as being in
attendance at midterm during the respective terms | ||||||
8 | of the base fiscal year and
the 2 prior fiscal years. For | ||||||
9 | purposes of this Section, "base fiscal year"
means the fiscal | ||||||
10 | year 2 years prior to the fiscal year for which the grants are
| ||||||
11 | appropriated. Such students shall have been residents of | ||||||
12 | Illinois and shall
have been enrolled in courses that are part | ||||||
13 | of instructional program categories
approved by the State | ||||||
14 | Board and that are applicable toward an associate degree
or | ||||||
15 | certificate.
Courses that are eligible for reimbursement are | ||||||
16 | those courses for which
the district pays 50% or more of the | ||||||
17 | program costs from unrestricted
revenue sources, with the | ||||||
18 | exception of dual credit courses and courses offered by | ||||||
19 | contract with
the Department of Corrections in correctional | ||||||
20 | institutions. For the
purposes of this Section, "unrestricted | ||||||
21 | revenue sources" means those
revenues in which the provider of | ||||||
22 | the revenue imposes no financial
limitations upon the district | ||||||
23 | as it relates to the expenditure of the funds. Except for | ||||||
24 | Fiscal Year 2012, base operating grants shall be paid based on | ||||||
25 | rates per funded
semester credit hour or equivalent calculated | ||||||
26 | by the State Board for funded
instructional categories using |
| |||||||
| |||||||
1 | cost of instruction, enrollment, inflation, and
other relevant | ||||||
2 | factors. For Fiscal Year 2012, the allocations for base | ||||||
3 | operating grants to community college districts shall be the | ||||||
4 | same as they were in Fiscal Year 2011, reduced or increased | ||||||
5 | proportionately according to the appropriation for base | ||||||
6 | operating grants for Fiscal Year 2012.
| ||||||
7 | Equalization grants shall be calculated by the State Board | ||||||
8 | by determining a
local revenue factor for each district by: | ||||||
9 | (A) adding (1)
each district's Corporate Personal Property | ||||||
10 | Replacement Fund
allocations from the base
fiscal year or the | ||||||
11 | average of the base fiscal year and prior year, whichever is
| ||||||
12 | less, divided by the applicable statewide average tax rate to | ||||||
13 | (2) the
district's most recently audited
year's equalized | ||||||
14 | assessed valuation or the average of the most recently audited
| ||||||
15 | year and prior year, whichever is less, (B) then dividing by | ||||||
16 | the district's
audited full-time equivalent resident students | ||||||
17 | for the base fiscal year or the
average for the base fiscal | ||||||
18 | year and the 2 prior fiscal years, whichever is
greater, and | ||||||
19 | (C) then multiplying by the applicable statewide average tax
| ||||||
20 | rate. The State Board
shall calculate a statewide weighted | ||||||
21 | average threshold by applying
the same methodology to the | ||||||
22 | totals of all districts' Corporate Personal
Property Tax | ||||||
23 | Replacement Fund allocations, equalized assessed valuations, | ||||||
24 | and
audited full-time equivalent district resident students | ||||||
25 | and multiplying by the
applicable statewide average tax rate. | ||||||
26 | The difference between the statewide
weighted average |
| |||||||
| |||||||
1 | threshold and the local revenue
factor, multiplied by the | ||||||
2 | number of full-time equivalent resident students,
shall | ||||||
3 | determine the amount of equalization funding that each | ||||||
4 | district is
eligible to receive. A percentage factor, as | ||||||
5 | determined by the State Board,
may be applied to the statewide | ||||||
6 | threshold as a method for allocating
equalization funding. A | ||||||
7 | minimum equalization grant of an amount per district
as | ||||||
8 | determined by the State Board shall be established for any | ||||||
9 | community college
district which qualifies for an equalization | ||||||
10 | grant based upon the preceding
criteria, but becomes | ||||||
11 | ineligible for equalization funding, or would have
received a | ||||||
12 | grant of less than the minimum equalization grant, due to | ||||||
13 | threshold
prorations applied to reduce equalization funding.
| ||||||
14 | As of July 1, 2013, a community college district eligible to | ||||||
15 | receive an equalization grant based upon the preceding | ||||||
16 | criteria must maintain a
minimum required combined in-district | ||||||
17 | tuition and universal fee rate per
semester credit hour equal | ||||||
18 | to 70% of the State-average combined rate, as
determined by | ||||||
19 | the State Board, or the total revenue received by the | ||||||
20 | community college district from combined in-district tuition | ||||||
21 | and universal fees must be at least 30% of the total revenue | ||||||
22 | received by the community college district, as determined by | ||||||
23 | the State Board, for equalization funding. As of July 1,
2004, | ||||||
24 | a community college district must maintain a minimum required
| ||||||
25 | operating tax rate equal to at least 95% of its maximum | ||||||
26 | authorized tax
rate to qualify for equalization funding. This |
| |||||||
| |||||||
1 | 95% minimum tax rate
requirement shall be based upon the | ||||||
2 | maximum operating tax rate as
limited by the Property Tax | ||||||
3 | Extension Limitation Law.
| ||||||
4 | The State Board shall distribute such other grants as may | ||||||
5 | be
authorized or appropriated by the General Assembly. The | ||||||
6 | State Board may adopt any rules necessary for the purposes of | ||||||
7 | implementing and distributing funds pursuant to an authorized | ||||||
8 | or appropriated grant.
| ||||||
9 | Each community college district entitled to State grants | ||||||
10 | under this
Section must submit a report of its enrollment to | ||||||
11 | the State Board not later
than 30 days following the end of | ||||||
12 | each semester or term in a
format prescribed by the State | ||||||
13 | Board. These semester credit hours, or
equivalent, shall be | ||||||
14 | certified by each district on forms provided by the
State | ||||||
15 | Board. Each district's certified semester credit hours, or | ||||||
16 | equivalent,
are subject to audit pursuant to Section 3-22.1.
| ||||||
17 | The State Board shall certify, prepare, and submit monthly | ||||||
18 | vouchers to the State Comptroller
setting
forth an amount | ||||||
19 | equal to one-twelfth of the grants approved by the State Board | ||||||
20 | for base
operating grants and equalization grants. The State | ||||||
21 | Board shall prepare and
submit to the State Comptroller | ||||||
22 | vouchers for payments of other grants as
appropriated by the | ||||||
23 | General Assembly. If the amount appropriated for grants
is | ||||||
24 | different from the amount provided for such grants under this | ||||||
25 | Act, the
grants shall be proportionately reduced or increased | ||||||
26 | accordingly.
|
| |||||||
| |||||||
1 | For the purposes of this Section, "resident student" means | ||||||
2 | a student in a
community college district who maintains | ||||||
3 | residency in that district or
meets other residency | ||||||
4 | definitions established by the State Board, and who
was | ||||||
5 | enrolled either in one of the approved instructional program | ||||||
6 | categories
in that district, or in another community college | ||||||
7 | district to which the
resident's district is paying tuition | ||||||
8 | under Section 6-2 or with which the
resident's district has | ||||||
9 | entered into a cooperative agreement in lieu of such
tuition. | ||||||
10 | Students shall be classified as residents of the community | ||||||
11 | college district without meeting the 30-day residency | ||||||
12 | requirement of the district if they are currently residing in | ||||||
13 | the district and are youth (i) who are currently under the | ||||||
14 | legal guardianship of the Illinois Department of Children and | ||||||
15 | Family Services or have recently been emancipated from the | ||||||
16 | Department and (ii) who had previously met the 30-day | ||||||
17 | residency requirement of the district but who had a placement | ||||||
18 | change into a new community college district. The student, a | ||||||
19 | caseworker or other personnel of the Department, or the | ||||||
20 | student's attorney or guardian ad litem appointed under the | ||||||
21 | Juvenile Court Act of 1987 shall provide the district with | ||||||
22 | proof of current in-district residency.
| ||||||
23 | For the purposes of this Section, a "full-time equivalent" | ||||||
24 | student is
equal to 30 semester credit hours.
| ||||||
25 | The Illinois Community College Board Contracts and Grants | ||||||
26 | Fund is hereby
created in the State Treasury. Items of income |
| |||||||
| |||||||
1 | to this fund shall include
any grants, awards, endowments, or | ||||||
2 | like proceeds, and where appropriate,
other funds made | ||||||
3 | available through contracts with governmental, public, and
| ||||||
4 | private agencies or persons. The General Assembly shall from | ||||||
5 | time to time
make appropriations payable from such fund for | ||||||
6 | the support, improvement,
and expenses of the State Board and | ||||||
7 | Illinois community college
districts.
| ||||||
8 | (Source: P.A. 99-845, eff. 1-1-17; 100-884, eff. 1-1-19 .)
| ||||||
9 | Section 5-105. The Higher Education Student Assistance Act | ||||||
10 | is amended by changing Sections 35 and 65.100 as follows:
| ||||||
11 | (110 ILCS 947/35)
| ||||||
12 | Sec. 35. Monetary award program.
| ||||||
13 | (a) The Commission shall, each year, receive and consider | ||||||
14 | applications
for grant assistance under this Section. Subject | ||||||
15 | to a separate
appropriation for such purposes, an applicant is | ||||||
16 | eligible for a grant under
this Section when the Commission | ||||||
17 | finds that the applicant:
| ||||||
18 | (1) is a resident of this State and a citizen or | ||||||
19 | permanent resident
of the United States;
| ||||||
20 | (2) is enrolled or has been accepted for enrollment in | ||||||
21 | a qualified institution for the purpose of obtaining a | ||||||
22 | degree, certificate, or other credential offered by the | ||||||
23 | institution, as applicable; and | ||||||
24 | (3) in the absence of grant assistance, will be |
| |||||||
| |||||||
1 | deterred by
financial considerations from completing an | ||||||
2 | educational program at the
qualified institution of his or | ||||||
3 | her choice.
| ||||||
4 | (b) The Commission shall award renewals only upon the | ||||||
5 | student's application
and upon the Commission's finding that | ||||||
6 | the applicant:
| ||||||
7 | (1) has remained a student in good standing;
| ||||||
8 | (2) remains a resident of this State; and
| ||||||
9 | (3) is in a financial situation that continues to | ||||||
10 | warrant assistance.
| ||||||
11 | (c) All grants shall be applicable only to tuition and | ||||||
12 | necessary fee costs. The Commission shall determine the grant
| ||||||
13 | amount for each student, which shall not exceed the smallest | ||||||
14 | of
the following amounts:
| ||||||
15 | (1) subject to appropriation, $5,468 for fiscal year | ||||||
16 | 2009, $5,968 for fiscal year 2010, $6,468 for fiscal year | ||||||
17 | 2011 and each fiscal year thereafter through fiscal year | ||||||
18 | 2022, and $8,508 for fiscal year 2023 , and $10,896 for | ||||||
19 | fiscal year 2024 and each fiscal year thereafter, or such | ||||||
20 | lesser amount as
the Commission finds to be available, | ||||||
21 | during an academic year;
| ||||||
22 | (2) the amount which equals 2 semesters or 3 quarters | ||||||
23 | tuition
and other necessary fees required generally by the | ||||||
24 | institution of all
full-time undergraduate students; or
| ||||||
25 | (3) such amount as the Commission finds to be | ||||||
26 | appropriate in view of
the applicant's financial |
| |||||||
| |||||||
1 | resources.
| ||||||
2 | Subject to appropriation, the maximum grant amount for | ||||||
3 | students not subject to subdivision (1) of this subsection (c) | ||||||
4 | must be increased by the same percentage as any increase made | ||||||
5 | by law to the maximum grant amount under subdivision (1) of | ||||||
6 | this subsection (c). | ||||||
7 | "Tuition and other necessary fees" as used in this Section | ||||||
8 | include the
customary charge for instruction and use of | ||||||
9 | facilities in general, and the
additional fixed fees charged | ||||||
10 | for specified purposes, which are required
generally of | ||||||
11 | nongrant recipients for each academic period for which the | ||||||
12 | grant
applicant actually enrolls, but do not include fees | ||||||
13 | payable only once or
breakage fees and other contingent | ||||||
14 | deposits which are refundable in whole or in
part. The | ||||||
15 | Commission may prescribe, by rule not inconsistent with this
| ||||||
16 | Section, detailed provisions concerning the computation of | ||||||
17 | tuition and other
necessary fees.
| ||||||
18 | (d) No applicant, including those presently receiving | ||||||
19 | scholarship
assistance under this Act, is eligible for | ||||||
20 | monetary award program
consideration under this Act after | ||||||
21 | receiving a baccalaureate degree or
the equivalent of 135 | ||||||
22 | semester credit hours of award payments.
| ||||||
23 | (d-5) In this subsection (d-5), "renewing applicant" means | ||||||
24 | a student attending an institution of higher learning who | ||||||
25 | received a Monetary Award Program grant during the prior | ||||||
26 | academic year. Beginning with the processing of applications |
| |||||||
| |||||||
1 | for the 2020-2021 academic year, the Commission shall annually | ||||||
2 | publish a priority deadline date for renewing applicants. | ||||||
3 | Subject to appropriation, a renewing applicant who files by | ||||||
4 | the published priority deadline date shall receive a grant if | ||||||
5 | he or she continues to meet the eligibility requirements under | ||||||
6 | this Section. A renewing applicant's failure to apply by the | ||||||
7 | priority deadline date established under this subsection (d-5) | ||||||
8 | shall not disqualify him or her from receiving a grant if | ||||||
9 | sufficient funding is available to provide awards after that | ||||||
10 | date. | ||||||
11 | (e) The Commission, in determining the number of grants to | ||||||
12 | be offered,
shall take into consideration past experience with | ||||||
13 | the rate of grant funds
unclaimed by recipients. The | ||||||
14 | Commission shall notify applicants that grant
assistance is | ||||||
15 | contingent upon the availability of appropriated funds.
| ||||||
16 | (e-5) The General Assembly finds and declares that it is | ||||||
17 | an important purpose of the Monetary Award Program to | ||||||
18 | facilitate access to college both for students who pursue | ||||||
19 | postsecondary education immediately following high school and | ||||||
20 | for those who pursue postsecondary education later in life, | ||||||
21 | particularly Illinoisans who are dislocated workers with | ||||||
22 | financial need and who are seeking to improve their economic | ||||||
23 | position through education. For the 2015-2016 and 2016-2017 | ||||||
24 | academic years, the Commission shall give additional and | ||||||
25 | specific consideration to the needs of dislocated workers with | ||||||
26 | the intent of allowing applicants who are dislocated workers |
| |||||||
| |||||||
1 | an opportunity to secure financial assistance even if applying | ||||||
2 | later than the general pool of applicants. The Commission's | ||||||
3 | consideration shall include, in determining the number of | ||||||
4 | grants to be offered, an estimate of the resources needed to | ||||||
5 | serve dislocated workers who apply after the Commission | ||||||
6 | initially suspends award announcements for the upcoming | ||||||
7 | regular academic year, but prior to the beginning of that | ||||||
8 | academic year. For the purposes of this subsection (e-5), a | ||||||
9 | dislocated worker is defined as in the federal Workforce
| ||||||
10 | Innovation and Opportunity Act. | ||||||
11 | (f) (Blank).
| ||||||
12 | (g) The Commission shall determine the eligibility of and | ||||||
13 | make grants to
applicants enrolled at qualified for-profit | ||||||
14 | institutions in accordance with the
criteria set forth in this | ||||||
15 | Section. The eligibility of applicants enrolled at
such | ||||||
16 | for-profit institutions shall be limited as follows:
| ||||||
17 | (1) Beginning with the academic year 1997, only to | ||||||
18 | eligible first-time
freshmen and
first-time transfer | ||||||
19 | students who have attained an associate degree.
| ||||||
20 | (2) Beginning with the academic year 1998, only to | ||||||
21 | eligible freshmen
students,
transfer students who have | ||||||
22 | attained an associate degree, and students who
receive a | ||||||
23 | grant under paragraph (1) for the academic year 1997 and | ||||||
24 | whose grants
are being renewed for the academic year 1998.
| ||||||
25 | (3) Beginning with the academic year 1999, to all | ||||||
26 | eligible students.
|
| |||||||
| |||||||
1 | (h) The Commission may award a grant to an eligible | ||||||
2 | applicant enrolled at an Illinois public institution of higher | ||||||
3 | learning in a program that will culminate in the award of an | ||||||
4 | occupational or career and technical certificate as that term | ||||||
5 | is defined in 23 Ill. Adm. Code 1501.301. | ||||||
6 | (i) The Commission may adopt rules to implement this | ||||||
7 | Section. | ||||||
8 | (Source: P.A. 101-81, eff. 7-12-19; 102-699, eff. 4-19-22.)
| ||||||
9 | (110 ILCS 947/65.100) | ||||||
10 | (Section scheduled to be repealed on October 1, 2024) | ||||||
11 | Sec. 65.100. AIM HIGH Grant Pilot Program. | ||||||
12 | (a) The General Assembly makes all of the following | ||||||
13 | findings: | ||||||
14 | (1) Both access and affordability are important | ||||||
15 | aspects of the Illinois Public Agenda for College and | ||||||
16 | Career Success report. | ||||||
17 | (2) This State is in the top quartile with respect to | ||||||
18 | the percentage of family income needed to pay for college. | ||||||
19 | (3) Research suggests that as loan amounts increase, | ||||||
20 | rather than an increase in grant amounts, the probability | ||||||
21 | of college attendance decreases. | ||||||
22 | (4) There is further research indicating that | ||||||
23 | socioeconomic status may affect the willingness of | ||||||
24 | students to use loans to attend college. | ||||||
25 | (5) Strategic use of tuition discounting can decrease |
| |||||||
| |||||||
1 | the amount of loans that students must use to pay for | ||||||
2 | tuition. | ||||||
3 | (6) A modest, individually tailored tuition discount | ||||||
4 | can make the difference in a student choosing to attend | ||||||
5 | college and enhance college access for low-income and | ||||||
6 | middle-income families. | ||||||
7 | (7) Even if the federally calculated financial need | ||||||
8 | for college attendance is met, the federally determined | ||||||
9 | Expected Family Contribution can still be a daunting | ||||||
10 | amount. | ||||||
11 | (8) This State is the second largest exporter of | ||||||
12 | students in the country. | ||||||
13 | (9) When talented Illinois students attend | ||||||
14 | universities in this State, the State and those | ||||||
15 | universities benefit. | ||||||
16 | (10) State universities in other states have adopted | ||||||
17 | pricing and incentives that allow many Illinois residents | ||||||
18 | to pay less to attend an out-of-state university than to | ||||||
19 | remain in this State for college. | ||||||
20 | (11) Supporting Illinois student attendance at | ||||||
21 | Illinois public universities can assist in State efforts | ||||||
22 | to maintain and educate a highly trained workforce. | ||||||
23 | (12) Modest tuition discounts that are individually | ||||||
24 | targeted and tailored can result in enhanced revenue for | ||||||
25 | public universities. | ||||||
26 | (13) By increasing a public university's capacity to |
| |||||||
| |||||||
1 | strategically use tuition discounting, the public | ||||||
2 | university will be capable of creating enhanced tuition | ||||||
3 | revenue by increasing enrollment yields. | ||||||
4 | (b) In this Section: | ||||||
5 | "Eligible applicant" means a student from any high school | ||||||
6 | in this State, whether or not recognized by the State Board of | ||||||
7 | Education, who is engaged in a program of study that in due | ||||||
8 | course will be completed by the end of the school year and who | ||||||
9 | meets all of the qualifications and requirements under this | ||||||
10 | Section. | ||||||
11 | "Tuition and other necessary fees" includes the customary | ||||||
12 | charge for instruction and use of facilities in general and | ||||||
13 | the additional fixed fees charged for specified purposes that | ||||||
14 | are required generally of non-grant recipients for each | ||||||
15 | academic period for which the grant applicant actually | ||||||
16 | enrolls, but does not include fees payable only once or | ||||||
17 | breakage fees and other contingent deposits that are | ||||||
18 | refundable in whole or in part. The Commission may adopt, by | ||||||
19 | rule not inconsistent with this Section, detailed provisions | ||||||
20 | concerning the computation of tuition and other necessary | ||||||
21 | fees. | ||||||
22 | (c) Beginning with the 2019-2020 academic year, each | ||||||
23 | public university may establish a merit-based scholarship | ||||||
24 | pilot program known as the AIM HIGH Grant Pilot Program. Each | ||||||
25 | year, the Commission shall receive and consider applications | ||||||
26 | from public universities under this Section. Subject to |
| |||||||
| |||||||
1 | appropriation and any tuition waiver limitation established by | ||||||
2 | the Board of Higher Education, a public university campus may | ||||||
3 | award a grant to a student under this Section if it finds that | ||||||
4 | the applicant meets all of the following criteria: | ||||||
5 | (1) He or she is a resident of this State and a citizen | ||||||
6 | or eligible noncitizen of the United States. | ||||||
7 | (2) He or she files a Free Application for Federal | ||||||
8 | Student Aid and demonstrates financial need with a | ||||||
9 | household income no greater than 8 6 times the poverty | ||||||
10 | guidelines updated periodically in the Federal Register by | ||||||
11 | the U.S. Department of Health and Human Services under the | ||||||
12 | authority of 42 U.S.C. 9902(2). The household income of | ||||||
13 | the applicant at the time of initial application shall be | ||||||
14 | deemed to be the household income of the applicant for the | ||||||
15 | duration of the pilot program. | ||||||
16 | (3) He or she meets the minimum cumulative grade point | ||||||
17 | average or ACT or SAT college admissions test score, as | ||||||
18 | determined by the public university campus. | ||||||
19 | (4) He or she is enrolled in a public university as an | ||||||
20 | undergraduate student on a full-time basis. | ||||||
21 | (5) He or she has not yet received a baccalaureate | ||||||
22 | degree or the equivalent of 135 semester credit hours. | ||||||
23 | (6) He or she is not incarcerated. | ||||||
24 | (7) He or she is not in default on any student loan or | ||||||
25 | does not owe a refund or repayment on any State or federal | ||||||
26 | grant or scholarship. |
| |||||||
| |||||||
1 | (8) Any other reasonable criteria, as determined by | ||||||
2 | the public university campus. | ||||||
3 | (d) Each public university campus shall determine grant | ||||||
4 | renewal criteria consistent with the requirements under this | ||||||
5 | Section. | ||||||
6 | (e) Each participating public university campus shall post | ||||||
7 | on its Internet website criteria and eligibility requirements | ||||||
8 | for receiving awards that use funds under this Section that | ||||||
9 | include a range in the sizes of these individual awards. The | ||||||
10 | criteria and amounts must also be reported to the Commission | ||||||
11 | and the Board of Higher Education, who shall post the | ||||||
12 | information on their respective Internet websites. | ||||||
13 | (f) After enactment of an appropriation for this Program, | ||||||
14 | the Commission shall determine an allocation of funds to each | ||||||
15 | public university in an amount proportionate to the number of | ||||||
16 | undergraduate students who are residents of this State and | ||||||
17 | citizens or eligible noncitizens of the United States and who | ||||||
18 | were enrolled at each public university campus in the previous | ||||||
19 | academic year. All applications must be made to the Commission | ||||||
20 | on or before a date determined by the Commission and on forms | ||||||
21 | that the Commission shall provide to each public university | ||||||
22 | campus. The form of the application and the information | ||||||
23 | required shall be determined by the Commission and shall | ||||||
24 | include, without limitation, the total public university | ||||||
25 | campus funds used to match funds received from the Commission | ||||||
26 | in the previous academic year under this Section, if any, the |
| |||||||
| |||||||
1 | total enrollment of undergraduate students who are residents | ||||||
2 | of this State from the previous academic year, and any | ||||||
3 | supporting documents as the Commission deems necessary. Each | ||||||
4 | public university campus shall match the amount of funds | ||||||
5 | received by the Commission with financial aid for eligible | ||||||
6 | students. | ||||||
7 | A public university in which an average of at least 49% of | ||||||
8 | the students seeking a bachelor's degree or certificate | ||||||
9 | received a Pell Grant over the prior 3 academic years, as | ||||||
10 | reported to the Commission, shall match 20% of the amount of | ||||||
11 | funds awarded in a given academic year with non-loan financial | ||||||
12 | aid for eligible students. A public university in which an | ||||||
13 | average of less than 49% of the students seeking a bachelor's | ||||||
14 | degree or certificate received a Pell Grant over the prior 3 | ||||||
15 | academic years, as reported to the Commission, shall match 60% | ||||||
16 | of the amount of funds awarded in a given academic year with | ||||||
17 | non-loan financial aid for eligible students. | ||||||
18 | A public university campus is not required to claim its | ||||||
19 | entire allocation. The Commission shall make available to all | ||||||
20 | public universities, on a date determined by the Commission, | ||||||
21 | any unclaimed funds and the funds must be made available to | ||||||
22 | those public university campuses in the proportion determined | ||||||
23 | under this subsection (f), excluding from the calculation | ||||||
24 | those public university campuses not claiming their full | ||||||
25 | allocations. | ||||||
26 | Each public university campus may determine the award |
| |||||||
| |||||||
1 | amounts for eligible students on an individual or broad basis, | ||||||
2 | but, subject to renewal eligibility, each renewed award may | ||||||
3 | not be less than the amount awarded to the eligible student in | ||||||
4 | his or her first year attending the public university campus. | ||||||
5 | Notwithstanding this limitation, a renewal grant may be | ||||||
6 | reduced due to changes in the student's cost of attendance, | ||||||
7 | including, but not limited to, if a student reduces the number | ||||||
8 | of credit hours in which he or she is enrolled, but remains a | ||||||
9 | full-time student, or switches to a course of study with a | ||||||
10 | lower tuition rate. | ||||||
11 | An eligible applicant awarded grant assistance under this | ||||||
12 | Section is eligible to receive other financial aid. Total | ||||||
13 | grant aid to the student from all sources may not exceed the | ||||||
14 | total cost of attendance at the public university campus. | ||||||
15 | (g) All money allocated to a public university campus | ||||||
16 | under this Section may be used only for financial aid purposes | ||||||
17 | for students attending the public university campus during the | ||||||
18 | academic year, not including summer terms. Notwithstanding any | ||||||
19 | other provision of law to the contrary, any funds received by a | ||||||
20 | public university campus under this Section that are not | ||||||
21 | granted to students in the academic year for which the funds | ||||||
22 | are received may be retained by the public university campus | ||||||
23 | for expenditure on students participating in the Program or | ||||||
24 | students eligible to participate in the Program. | ||||||
25 | (h) Each public university campus that establishes a | ||||||
26 | Program under this Section must annually report to the |
| |||||||
| |||||||
1 | Commission, on or before a date determined by the Commission, | ||||||
2 | the number of undergraduate students enrolled at that campus | ||||||
3 | who are residents of this State. | ||||||
4 | (i) Each public university campus must report to the | ||||||
5 | Commission the total non-loan financial aid amount given by | ||||||
6 | the public university campus to undergraduate students in the | ||||||
7 | 2017-2018 academic year, not including the summer term. To be | ||||||
8 | eligible to receive funds under the Program, a public | ||||||
9 | university campus may not decrease the total amount of | ||||||
10 | non-loan financial aid it gives to undergraduate students, not | ||||||
11 | including any funds received from the Commission under this | ||||||
12 | Section or any funds used to match grant awards under this | ||||||
13 | Section, to an amount lower than the reported amount for the | ||||||
14 | 2017-2018 academic year, not including the summer term. | ||||||
15 | (j) On or before a date determined by the Commission, each | ||||||
16 | public university campus that participates in the Program | ||||||
17 | under this Section shall annually submit a report to the | ||||||
18 | Commission with all of the following information: | ||||||
19 | (1) The Program's impact on tuition revenue and | ||||||
20 | enrollment goals and increase in access and affordability | ||||||
21 | at the public university campus. | ||||||
22 | (2) Total funds received by the public university | ||||||
23 | campus under the Program. | ||||||
24 | (3) Total non-loan financial aid awarded to | ||||||
25 | undergraduate students attending the public university | ||||||
26 | campus. |
| |||||||
| |||||||
1 | (4) Total amount of funds matched by the public | ||||||
2 | university campus. | ||||||
3 | (5) Total amount of claimed and unexpended funds | ||||||
4 | retained by the public university campus. | ||||||
5 | (6) The percentage of total financial aid distributed | ||||||
6 | under the Program by the public university campus. | ||||||
7 | (7) The total number of students receiving grants from | ||||||
8 | the public university campus under the Program and those | ||||||
9 | students' grade level, race, gender, income level, family | ||||||
10 | size, Monetary Award Program eligibility, Pell Grant | ||||||
11 | eligibility, and zip code of residence and the amount of | ||||||
12 | each grant award. This information shall include unit | ||||||
13 | record data on those students regarding variables | ||||||
14 | associated with the parameters of the public university's | ||||||
15 | Program, including, but not limited to, a student's ACT or | ||||||
16 | SAT college admissions test score, high school or | ||||||
17 | university cumulative grade point average, or program of | ||||||
18 | study. | ||||||
19 | On or before October 1, 2020 and annually on or before | ||||||
20 | October 1 thereafter, the Commission shall submit a report | ||||||
21 | with the findings under this subsection (j) and any other | ||||||
22 | information regarding the AIM HIGH Grant Pilot Program to (i) | ||||||
23 | the Governor, (ii) the Speaker of the House of | ||||||
24 | Representatives, (iii) the Minority Leader of the House of | ||||||
25 | Representatives, (iv) the President of the Senate, and (v) the | ||||||
26 | Minority Leader of the Senate. The reports to the General |
| |||||||
| |||||||
1 | Assembly shall be filed with the Clerk of the House of | ||||||
2 | Representatives and the Secretary of the Senate in electronic | ||||||
3 | form only, in the manner that the Clerk and the Secretary shall | ||||||
4 | direct. The Commission's report may not disaggregate data to a | ||||||
5 | level that may disclose personally identifying information of | ||||||
6 | individual students. | ||||||
7 | The sharing and reporting of student data under this | ||||||
8 | subsection (j) must be in accordance with the requirements | ||||||
9 | under the federal Family Educational Rights and Privacy Act of | ||||||
10 | 1974 and the Illinois School Student Records Act. All parties | ||||||
11 | must preserve the confidentiality of the information as | ||||||
12 | required by law. The names of the grant recipients under this | ||||||
13 | Section are not subject to disclosure under the Freedom of | ||||||
14 | Information Act. | ||||||
15 | Public university campuses that fail to submit a report | ||||||
16 | under this subsection (j) or that fail to adhere to any other | ||||||
17 | requirements under this Section may not be eligible for | ||||||
18 | distribution of funds under the Program for the next academic | ||||||
19 | year, but may be eligible for distribution of funds for each | ||||||
20 | academic year thereafter. | ||||||
21 | (k) The Commission shall adopt rules to implement this | ||||||
22 | Section. | ||||||
23 | (l) This Section is repealed on October 1, 2024.
| ||||||
24 | (Source: P.A. 100-587, eff. 6-4-18; 100-1015, eff. 8-21-18; | ||||||
25 | 100-1183, eff. 4-4-19; 101-81, eff. 7-12-19; 101-613, eff. | ||||||
26 | 6-1-20; 101-643, eff. 6-18-20; 101-654, eff. 3-8-21.) |
| |||||||
| |||||||
1 | Section 5-110. If and only if House Bill 2041 of the 103rd | ||||||
2 | General Assembly becomes law, then the Private College Act is | ||||||
3 | amended by adding Section 14.12 as follows: | ||||||
4 | (110 ILCS 1005/14.12 new) | ||||||
5 | Sec. 14.12. Transfer of Fund Balance. On the effective | ||||||
6 | date of this Section, or as soon thereafter as practical, the | ||||||
7 | State Comptroller shall direct and the State Treasurer shall | ||||||
8 | transfer the remaining balance from the Private College | ||||||
9 | Academic Quality Assurance Fund into the Academic Quality | ||||||
10 | Assurance Fund. Upon completion of the transfer, the Private | ||||||
11 | College Academic Quality Assurance Fund is dissolved, and any | ||||||
12 | future deposits due to that Fund and any outstanding | ||||||
13 | obligations or liabilities of that Fund pass to the Academic | ||||||
14 | Quality Assurance Fund. This Section is repealed on January 1, | ||||||
15 | 2024. | ||||||
16 | Section 5-120. The Illinois Health Benefits Exchange Law | ||||||
17 | is amended by adding Section 5-30 as follows: | ||||||
18 | (215 ILCS 122/5-30 new) | ||||||
19 | Sec. 5-30. Transfers from Insurance Producer | ||||||
20 | Administration Fund. During fiscal year 2024 only, at the | ||||||
21 | direction of and upon notification from the Director of | ||||||
22 | Insurance, the State Comptroller shall direct and the State |
| |||||||
| |||||||
1 | Treasurer shall transfer up to a total of $10,000,000 from the | ||||||
2 | Insurance Producer Administration Fund to the Illinois Health | ||||||
3 | Benefits Exchange Fund. This Section is repealed on January 1, | ||||||
4 | 2025. | ||||||
5 | Section 5-121. The Auction License Act is amended by | ||||||
6 | changing Section 10-50 as follows:
| ||||||
7 | (225 ILCS 407/10-50)
| ||||||
8 | (Section scheduled to be repealed on January 1, 2030)
| ||||||
9 | Sec. 10-50. Fees; disposition of funds.
| ||||||
10 | (a) The Department shall establish by rule a schedule of | ||||||
11 | fees for the administration and maintenance of this Act. Such | ||||||
12 | fees shall be nonrefundable. | ||||||
13 | (b) Prior to July 1, 2023, all fees collected under this | ||||||
14 | Act shall be deposited into the General Professions Dedicated | ||||||
15 | Fund and appropriated to the Department for the ordinary and | ||||||
16 | contingent expenses of the Department in the administration of | ||||||
17 | this Act. Beginning on July 1, 2023, all fees, fines, | ||||||
18 | penalties, or other monies received or collected pursuant to | ||||||
19 | this Act shall be deposited in the Division of Real Estate | ||||||
20 | General Fund. On or after July 1, 2023, at the direction of the | ||||||
21 | Department, the Comptroller shall direct and the Treasurer | ||||||
22 | shall transfer the remaining balance of funds collected under | ||||||
23 | this Act from the General Professions Dedicated Fund to the | ||||||
24 | Division of Real Estate General Fund.
|
| |||||||
| |||||||
1 | (Source: P.A. 102-970, eff. 5-27-22.)
| ||||||
2 | Section 5-123. The Illinois Horse Racing Act of 1975 is | ||||||
3 | amended by changing Sections 30 and 31 as follows:
| ||||||
4 | (230 ILCS 5/30) (from Ch. 8, par. 37-30)
| ||||||
5 | Sec. 30.
(a) The General Assembly declares that it is the | ||||||
6 | policy of
this State to encourage the breeding of thoroughbred | ||||||
7 | horses in this
State and the ownership of such horses by | ||||||
8 | residents of this State in
order to provide for: sufficient | ||||||
9 | numbers of high quality thoroughbred
horses to participate in | ||||||
10 | thoroughbred racing meetings in this State,
and to establish | ||||||
11 | and preserve the agricultural and commercial benefits
of such | ||||||
12 | breeding and racing industries to the State of Illinois. It is
| ||||||
13 | the intent of the General Assembly to further this policy by | ||||||
14 | the
provisions of this Act.
| ||||||
15 | (b) Each organization licensee conducting a thoroughbred
| ||||||
16 | racing meeting
pursuant to this Act shall provide at least two | ||||||
17 | races each day limited
to Illinois conceived and foaled horses | ||||||
18 | or Illinois foaled horses or
both. A minimum of 6 races shall | ||||||
19 | be conducted each week limited to
Illinois conceived and | ||||||
20 | foaled or Illinois foaled horses or both. No
horses shall be | ||||||
21 | permitted to start in such races unless duly registered
under | ||||||
22 | the rules of the Department of Agriculture.
| ||||||
23 | (c) Conditions of races under subsection (b) shall be
| ||||||
24 | commensurate
with past performance, quality, and class of |
| |||||||
| |||||||
1 | Illinois conceived and foaled
and Illinois foaled horses
| ||||||
2 | available. If, however, sufficient competition cannot be had | ||||||
3 | among
horses of that class on any day, the races may, with | ||||||
4 | consent of the
Board, be eliminated for that day and | ||||||
5 | substitute races provided.
| ||||||
6 | (d) There is hereby created a special fund of the State | ||||||
7 | Treasury to
be known as the Illinois Thoroughbred Breeders | ||||||
8 | Fund.
| ||||||
9 | Beginning on June 28, 2019 ( the effective date of Public | ||||||
10 | Act 101-31) this amendatory Act of the 101st General Assembly , | ||||||
11 | the Illinois Thoroughbred Breeders Fund shall become a | ||||||
12 | non-appropriated trust fund held separate from State moneys. | ||||||
13 | Expenditures from this Fund shall no longer be subject to | ||||||
14 | appropriation. | ||||||
15 | Except as provided in subsection (g) of Section 27 of this | ||||||
16 | Act, 8.5% of all
the monies received by the State as
privilege | ||||||
17 | taxes on Thoroughbred racing meetings shall be paid into the | ||||||
18 | Illinois
Thoroughbred Breeders Fund.
| ||||||
19 | Notwithstanding any provision of law to the contrary, | ||||||
20 | amounts deposited into the Illinois Thoroughbred Breeders Fund | ||||||
21 | from revenues generated by gaming pursuant to an organization | ||||||
22 | gaming license issued under the Illinois Gambling Act after | ||||||
23 | June 28, 2019 ( the effective date of Public Act 101-31) this | ||||||
24 | amendatory Act of the 101st General Assembly shall be in | ||||||
25 | addition to tax and fee amounts paid under this Section for | ||||||
26 | calendar year 2019 and thereafter. |
| |||||||
| |||||||
1 | (e) The Illinois Thoroughbred Breeders Fund shall be | ||||||
2 | administered by
the Department of Agriculture
with the advice | ||||||
3 | and assistance of the
Advisory Board created in subsection (f) | ||||||
4 | of this Section.
| ||||||
5 | (f) The Illinois Thoroughbred Breeders Fund Advisory Board | ||||||
6 | shall
consist of the Director of the Department of | ||||||
7 | Agriculture, who shall
serve as Chairman; a member of the | ||||||
8 | Illinois Racing Board, designated by
it; 2 representatives of | ||||||
9 | the organization licensees
conducting thoroughbred
racing | ||||||
10 | meetings, recommended by them; 2 representatives of the | ||||||
11 | Illinois
Thoroughbred Breeders and Owners Foundation, | ||||||
12 | recommended by it; one representative of the Horsemen's | ||||||
13 | Benevolent Protective Association; and one representative from | ||||||
14 | the Illinois Thoroughbred Horsemen's Association. Advisory | ||||||
15 | Board members shall serve for 2 years commencing January 1
of
| ||||||
16 | each odd numbered year. If representatives of the organization | ||||||
17 | licensees
conducting thoroughbred racing meetings, the | ||||||
18 | Illinois Thoroughbred Breeders and
Owners Foundation, the | ||||||
19 | Horsemen's Benevolent Protection Association, and the Illinois | ||||||
20 | Thoroughbred Horsemen's Association have
not been recommended | ||||||
21 | by January 1, of each odd numbered year, the Director of
the | ||||||
22 | Department of Agriculture shall make an appointment for the | ||||||
23 | organization
failing to so recommend a member of the Advisory | ||||||
24 | Board. Advisory Board members
shall receive no compensation | ||||||
25 | for their services as members but shall be
reimbursed for all | ||||||
26 | actual and necessary expenses and disbursements incurred in
|
| |||||||
| |||||||
1 | the execution of their official duties.
| ||||||
2 | (g) Monies expended
from the Illinois Thoroughbred | ||||||
3 | Breeders Fund shall be
expended by the Department of | ||||||
4 | Agriculture,
with the advice and
assistance of the Illinois | ||||||
5 | Thoroughbred Breeders Fund Advisory Board,
for the following | ||||||
6 | purposes only:
| ||||||
7 | (1) To provide purse supplements to owners of horses | ||||||
8 | participating
in races limited to Illinois conceived and | ||||||
9 | foaled and Illinois foaled
horses. Any such purse | ||||||
10 | supplements shall not be included in and shall
be paid in | ||||||
11 | addition to any purses, stakes, or breeders' awards | ||||||
12 | offered
by each organization licensee as determined by | ||||||
13 | agreement between such
organization licensee and an | ||||||
14 | organization representing the horsemen. No
monies from the | ||||||
15 | Illinois Thoroughbred Breeders Fund shall be used to | ||||||
16 | provide
purse supplements for claiming races in which the | ||||||
17 | minimum claiming price is
less than $7,500.
| ||||||
18 | (2) To provide stakes and awards to be paid to the | ||||||
19 | owners of the
winning horses in certain races limited to | ||||||
20 | Illinois conceived and foaled
and Illinois foaled horses | ||||||
21 | designated as stakes races.
| ||||||
22 | (2.5) To provide an award to the owner or owners of an | ||||||
23 | Illinois
conceived and foaled or Illinois foaled horse | ||||||
24 | that wins a
maiden special weight, an allowance, overnight | ||||||
25 | handicap race, or
claiming race with claiming price of | ||||||
26 | $10,000 or more providing the race
is not restricted
to |
| |||||||
| |||||||
1 | Illinois conceived and foaled or Illinois foaled horses.
| ||||||
2 | Awards shall
also be provided to the owner or owners of | ||||||
3 | Illinois conceived and foaled and
Illinois foaled horses | ||||||
4 | that place second or third in those races. To the
extent
| ||||||
5 | that additional moneys are required to pay the minimum | ||||||
6 | additional awards of 40%
of the purse the horse earns for | ||||||
7 | placing first, second or third in those races
for Illinois | ||||||
8 | foaled horses and of 60% of the purse the horse earns for | ||||||
9 | placing
first, second or third in those races for Illinois
| ||||||
10 | conceived and foaled horses, those moneys shall be | ||||||
11 | provided from the purse
account at the track where earned.
| ||||||
12 | (3) To provide stallion awards to the owner or owners | ||||||
13 | of any
stallion that is duly registered with the Illinois | ||||||
14 | Thoroughbred Breeders
Fund Program whose
duly registered | ||||||
15 | Illinois conceived and foaled offspring wins a race | ||||||
16 | conducted
at an Illinois
thoroughbred racing meeting other | ||||||
17 | than a claiming race, provided that the stallion stood | ||||||
18 | service within Illinois at the time the offspring was | ||||||
19 | conceived and that the stallion did not stand for service | ||||||
20 | outside of Illinois at any time during the year in which | ||||||
21 | the offspring was conceived.
| ||||||
22 | (4) To provide $75,000 annually for purses to be
| ||||||
23 | distributed to
county fairs that provide for the running | ||||||
24 | of races during each county
fair exclusively for the | ||||||
25 | thoroughbreds conceived and foaled in
Illinois. The | ||||||
26 | conditions of the races shall be developed by the county
|
| |||||||
| |||||||
1 | fair association and reviewed by the Department with the | ||||||
2 | advice and
assistance of
the Illinois Thoroughbred | ||||||
3 | Breeders Fund Advisory Board. There shall be no
wagering | ||||||
4 | of any kind on the running
of
Illinois conceived and | ||||||
5 | foaled races at county fairs.
| ||||||
6 | (4.1) To provide purse money for an Illinois stallion | ||||||
7 | stakes program.
| ||||||
8 | (5) No less than 90% of all monies expended from the | ||||||
9 | Illinois
Thoroughbred Breeders Fund shall be expended for | ||||||
10 | the purposes in (1), (2),
(2.5), (3), (4), (4.1), and (5) | ||||||
11 | as shown above.
| ||||||
12 | (6) To provide for educational programs regarding the | ||||||
13 | thoroughbred
breeding industry.
| ||||||
14 | (7) To provide for research programs concerning the | ||||||
15 | health,
development and care of the thoroughbred horse.
| ||||||
16 | (8) To provide for a scholarship and training program | ||||||
17 | for students
of equine veterinary medicine.
| ||||||
18 | (9) To provide for dissemination of public information | ||||||
19 | designed to
promote the breeding of thoroughbred horses in | ||||||
20 | Illinois.
| ||||||
21 | (10) To provide for all expenses incurred in the | ||||||
22 | administration of
the Illinois Thoroughbred Breeders Fund.
| ||||||
23 | (h) The Illinois Thoroughbred Breeders Fund is not subject | ||||||
24 | to administrative charges or chargebacks, including, but not | ||||||
25 | limited to, those authorized under Section 8h of the State | ||||||
26 | Finance Act.
|
| |||||||
| |||||||
1 | (i) A sum equal to 13% of the first prize money of every | ||||||
2 | purse won by an Illinois foaled or Illinois conceived and | ||||||
3 | foaled horse in races not limited to Illinois foaled horses or | ||||||
4 | Illinois conceived and foaled horses, or both, shall be paid | ||||||
5 | by the organization licensee conducting the horse race | ||||||
6 | meeting. Such sum shall be paid 50% from the organization | ||||||
7 | licensee's share of the money wagered and 50% from the purse | ||||||
8 | account as follows: 11 1/2% to the breeder of the winning horse | ||||||
9 | and 1 1/2% to the organization representing thoroughbred | ||||||
10 | breeders and owners who representative serves on the Illinois | ||||||
11 | Thoroughbred Breeders Fund Advisory Board for verifying the | ||||||
12 | amounts of breeders' awards earned, ensuring their | ||||||
13 | distribution in accordance with this Act, and servicing and | ||||||
14 | promoting the Illinois thoroughbred horse racing industry. | ||||||
15 | Beginning in the calendar year in which an organization | ||||||
16 | licensee that is eligible to receive payments under paragraph | ||||||
17 | (13) of subsection (g) of Section 26 of this Act begins to | ||||||
18 | receive funds from gaming pursuant to an organization gaming | ||||||
19 | license issued under the Illinois Gambling Act, a sum equal to | ||||||
20 | 21 1/2% of the first prize money of every purse won by an | ||||||
21 | Illinois foaled or an Illinois conceived and foaled horse in | ||||||
22 | races not limited to an Illinois conceived and foaled horse, | ||||||
23 | or both, shall be paid 30% from the organization licensee's | ||||||
24 | account and 70% from the purse account as follows: 20% to the | ||||||
25 | breeder of the winning horse and 1 1/2% to the organization | ||||||
26 | representing thoroughbred breeders and owners whose |
| |||||||
| |||||||
1 | representatives serve on the Illinois Thoroughbred Breeders | ||||||
2 | Fund Advisory Board for verifying the amounts of breeders' | ||||||
3 | awards earned, ensuring their distribution in accordance with | ||||||
4 | this Act, and servicing and promoting the Illinois | ||||||
5 | Thoroughbred racing industry. The
organization representing | ||||||
6 | thoroughbred breeders and owners shall cause all
expenditures | ||||||
7 | of monies received under this subsection (i) to be audited
at | ||||||
8 | least annually by a registered public accountant. The | ||||||
9 | organization
shall file copies of each annual audit with the | ||||||
10 | Racing Board, the Clerk of
the House of Representatives and | ||||||
11 | the Secretary of the Senate, and shall
make copies of each | ||||||
12 | annual audit available to the public upon request
and upon | ||||||
13 | payment of the reasonable cost of photocopying the requested
| ||||||
14 | number of copies. Such payments shall not reduce any award to | ||||||
15 | the owner of the
horse or reduce the taxes payable under this | ||||||
16 | Act. Upon completion of its
racing meet, each organization | ||||||
17 | licensee shall deliver to the organization
representing | ||||||
18 | thoroughbred breeders and owners whose representative serves | ||||||
19 | on
the Illinois Thoroughbred Breeders Fund Advisory Board a | ||||||
20 | listing of all the
Illinois foaled and the Illinois conceived | ||||||
21 | and foaled horses which won
breeders' awards and the amount of | ||||||
22 | such breeders' awards under this subsection
to verify accuracy | ||||||
23 | of payments and assure proper distribution of breeders'
awards | ||||||
24 | in accordance with the provisions of this Act. Such payments | ||||||
25 | shall be
delivered by the organization licensee within 30 days | ||||||
26 | of the end of each race
meeting.
|
| |||||||
| |||||||
1 | (j) A sum equal to 13% of the first prize money won in | ||||||
2 | every race limited to Illinois foaled horses or Illinois | ||||||
3 | conceived and foaled horses, or both, shall be paid in the | ||||||
4 | following manner by the organization licensee conducting the | ||||||
5 | horse race meeting, 50% from the organization licensee's share | ||||||
6 | of the money wagered and 50% from the purse account as follows: | ||||||
7 | 11 1/2% to the breeders of the horses in each such race which | ||||||
8 | are the official first, second, third, and fourth finishers | ||||||
9 | and 1 1/2% to the organization representing thoroughbred | ||||||
10 | breeders and owners whose representatives serve on the | ||||||
11 | Illinois Thoroughbred Breeders Fund Advisory Board for | ||||||
12 | verifying the amounts of breeders' awards earned, ensuring | ||||||
13 | their proper distribution in accordance with this Act, and | ||||||
14 | servicing and promoting the Illinois horse racing industry. | ||||||
15 | Beginning in the calendar year in which an organization | ||||||
16 | licensee that is eligible to receive payments under paragraph | ||||||
17 | (13) of subsection (g) of Section 26 of this Act begins to | ||||||
18 | receive funds from gaming pursuant to an organization gaming | ||||||
19 | license issued under the Illinois Gambling Act, a sum of 21 | ||||||
20 | 1/2% of every purse in a race limited to Illinois foaled horses | ||||||
21 | or Illinois conceived and foaled horses, or both, shall be | ||||||
22 | paid by the organization licensee conducting the horse race | ||||||
23 | meeting. Such sum shall be paid 30% from the organization | ||||||
24 | licensee's account and 70% from the purse account as follows: | ||||||
25 | 20% to the breeders of the horses in each such race who are | ||||||
26 | official first, second, third and fourth finishers and 1 1/2% |
| |||||||
| |||||||
1 | to the organization representing thoroughbred breeders and | ||||||
2 | owners whose representatives serve on the Illinois | ||||||
3 | Thoroughbred Breeders Fund Advisory Board for verifying the | ||||||
4 | amounts of breeders' awards earned, ensuring their proper | ||||||
5 | distribution in accordance with this Act, and servicing and | ||||||
6 | promoting the Illinois thoroughbred horse racing industry. The | ||||||
7 | organization representing thoroughbred breeders and owners | ||||||
8 | shall cause all expenditures of moneys received under this | ||||||
9 | subsection (j) to be audited at least annually by a registered | ||||||
10 | public accountant. The organization shall file copies of each | ||||||
11 | annual audit with the Racing Board, the Clerk of the House of | ||||||
12 | Representatives and the Secretary of the Senate, and shall | ||||||
13 | make copies of each annual audit available to the public upon | ||||||
14 | request and upon payment of the reasonable cost of | ||||||
15 | photocopying the requested number of copies. The copies of the | ||||||
16 | audit to the General Assembly shall be filed with the Clerk of | ||||||
17 | the House of Representatives and the Secretary of the Senate | ||||||
18 | in electronic form only, in the manner that the Clerk and the | ||||||
19 | Secretary shall direct.
| ||||||
20 | The amounts paid to the breeders in accordance with this | ||||||
21 | subsection
shall be distributed as follows:
| ||||||
22 | (1) 60% of such sum shall be paid to the breeder of the | ||||||
23 | horse which
finishes in the official first position;
| ||||||
24 | (2) 20% of such sum shall be paid to the breeder of the | ||||||
25 | horse which
finishes in the official second position;
| ||||||
26 | (3) 15% of such sum shall be paid to the breeder of the |
| |||||||
| |||||||
1 | horse which
finishes in the official third position; and
| ||||||
2 | (4) 5% of such sum shall be paid to the breeder of the | ||||||
3 | horse which
finishes in the official fourth position.
| ||||||
4 | Such payments shall not reduce any award to the owners of a | ||||||
5 | horse or
reduce the taxes payable under this Act. Upon | ||||||
6 | completion of its racing meet,
each organization licensee | ||||||
7 | shall deliver to the organization representing
thoroughbred | ||||||
8 | breeders and owners whose representative serves on the | ||||||
9 | Illinois
Thoroughbred Breeders Fund Advisory Board a listing | ||||||
10 | of all the Illinois foaled
and the Illinois conceived and | ||||||
11 | foaled horses which won breeders' awards and the
amount of | ||||||
12 | such breeders' awards in accordance with the provisions of | ||||||
13 | this Act.
Such payments shall be delivered by the organization | ||||||
14 | licensee within 30 days of
the end of each race meeting.
| ||||||
15 | (k) The term "breeder", as used herein, means the owner of | ||||||
16 | the mare at
the time the foal is dropped. An "Illinois foaled | ||||||
17 | horse" is a foal
dropped by a mare which enters this State on | ||||||
18 | or before December 1, in the
year in which the horse is bred,
| ||||||
19 | provided the mare remains continuously in this State until its | ||||||
20 | foal is born. An
"Illinois
foaled
horse" also means a foal born | ||||||
21 | of a mare in the same year
as the
mare enters this State on or | ||||||
22 | before March 1,
and remains in this State at
least 30
days | ||||||
23 | after foaling, is bred back during the season of the foaling to
| ||||||
24 | an
Illinois Registered Stallion (unless a veterinarian | ||||||
25 | certifies that the mare
should not be bred for health | ||||||
26 | reasons), and is not bred to a stallion
standing in any other |
| |||||||
| |||||||
1 | state during the season of foaling. An "Illinois
foaled horse" | ||||||
2 | also means a foal born in Illinois of a mare purchased at | ||||||
3 | public
auction
subsequent to the mare entering this State on | ||||||
4 | or before March 1 of the foaling
year providing the mare is | ||||||
5 | owned solely by one or more Illinois residents or an
Illinois
| ||||||
6 | entity that is entirely owned by one or more Illinois | ||||||
7 | residents.
| ||||||
8 | (l) The Department of Agriculture shall, by rule, with the | ||||||
9 | advice
and assistance of the Illinois Thoroughbred Breeders | ||||||
10 | Fund Advisory
Board:
| ||||||
11 | (1) Qualify stallions for Illinois breeding; such | ||||||
12 | stallions to stand for
service within the State of | ||||||
13 | Illinois at the time of a foal's conception. Such
stallion | ||||||
14 | must not stand for service at any place outside the State | ||||||
15 | of Illinois
during the calendar year in which the foal is | ||||||
16 | conceived.
The Department of Agriculture may assess and | ||||||
17 | collect an application fee of up to $500 for the
| ||||||
18 | registration of Illinois-eligible stallions. All fees | ||||||
19 | collected are to be held in trust accounts for the | ||||||
20 | purposes set forth in this Act and in accordance with | ||||||
21 | Section 205-15 of the Department of Agriculture Law.
| ||||||
22 | (2) Provide for the registration of Illinois conceived | ||||||
23 | and foaled
horses and Illinois foaled horses. No such | ||||||
24 | horse shall compete in
the races limited to Illinois | ||||||
25 | conceived and foaled horses or Illinois
foaled horses or | ||||||
26 | both unless registered with the Department of
Agriculture. |
| |||||||
| |||||||
1 | The Department of Agriculture may prescribe such forms as
| ||||||
2 | are necessary to determine the eligibility of such horses. | ||||||
3 | The Department of
Agriculture may assess and collect | ||||||
4 | application fees for the registration of
Illinois-eligible | ||||||
5 | foals. All fees collected are to be held in trust accounts | ||||||
6 | for the purposes set forth in this Act and in accordance | ||||||
7 | with Section 205-15 of the Department of Agriculture Law. | ||||||
8 | No person
shall knowingly prepare or cause preparation of | ||||||
9 | an application for
registration of such foals containing | ||||||
10 | false information.
| ||||||
11 | (m) The Department of Agriculture, with the advice and | ||||||
12 | assistance of
the Illinois Thoroughbred Breeders Fund Advisory | ||||||
13 | Board, shall provide that certain races
limited to Illinois | ||||||
14 | conceived and foaled and Illinois foaled horses be
stakes | ||||||
15 | races and determine the total amount of stakes and awards to be | ||||||
16 | paid
to the owners of the winning horses in such races.
| ||||||
17 | In determining the stakes races and the amount of awards | ||||||
18 | for such races,
the Department of Agriculture shall consider | ||||||
19 | factors, including but not
limited to, the amount of money | ||||||
20 | transferred into appropriated for the Illinois Thoroughbred
| ||||||
21 | Breeders Fund program , organization licensees' contributions,
| ||||||
22 | availability of stakes caliber horses as demonstrated by past | ||||||
23 | performances,
whether the race can be coordinated into the | ||||||
24 | proposed racing dates within
organization licensees' racing | ||||||
25 | dates, opportunity for
colts and fillies
and various age | ||||||
26 | groups to race, public wagering on such races, and the
|
| |||||||
| |||||||
1 | previous racing schedule.
| ||||||
2 | (n) The Board and the organization licensee shall
notify | ||||||
3 | the Department of the conditions and minimum purses for races
| ||||||
4 | limited to Illinois conceived and foaled and Illinois foaled | ||||||
5 | horses
conducted for each organization licensee conducting a | ||||||
6 | thoroughbred racing
meeting. The Department of Agriculture | ||||||
7 | with the advice and assistance of
the Illinois Thoroughbred | ||||||
8 | Breeders Fund Advisory Board may allocate monies
for purse | ||||||
9 | supplements for such races. In determining whether to allocate
| ||||||
10 | money and the amount, the Department of Agriculture shall | ||||||
11 | consider factors,
including but not limited to, the amount of | ||||||
12 | money transferred into appropriated for the
Illinois | ||||||
13 | Thoroughbred Breeders Fund program , the number of races that | ||||||
14 | may
occur, and the organization licensee's purse structure.
| ||||||
15 | (o) (Blank).
| ||||||
16 | (Source: P.A. 101-31, eff. 6-28-19.)
| ||||||
17 | (230 ILCS 5/31) (from Ch. 8, par. 37-31)
| ||||||
18 | Sec. 31.
(a) The General Assembly declares that it is the | ||||||
19 | policy of
this State to encourage the breeding of standardbred | ||||||
20 | horses in this
State and the ownership of such horses by | ||||||
21 | residents of this State in
order to provide for: sufficient | ||||||
22 | numbers of high quality standardbred
horses to participate in | ||||||
23 | harness racing meetings in this State, and to
establish and | ||||||
24 | preserve the agricultural and commercial benefits of such
| ||||||
25 | breeding and racing industries to the State of Illinois. It is |
| |||||||
| |||||||
1 | the
intent of the General Assembly to further this policy by | ||||||
2 | the provisions
of this Section of this Act.
| ||||||
3 | (b) Each organization licensee conducting a harness
racing | ||||||
4 | meeting pursuant to this Act shall provide for at least two | ||||||
5 | races each
race program limited to
Illinois conceived and | ||||||
6 | foaled horses. A minimum of 6 races shall be
conducted each | ||||||
7 | week limited to Illinois conceived and foaled horses. No
| ||||||
8 | horses shall be permitted to start in such races unless duly | ||||||
9 | registered
under the rules of the Department of Agriculture.
| ||||||
10 | (b-5) Organization licensees, not including the Illinois | ||||||
11 | State Fair or the DuQuoin State Fair, shall provide stake | ||||||
12 | races and early closer races for Illinois conceived and foaled | ||||||
13 | horses so that purses distributed for such races shall be no | ||||||
14 | less than 17% of total purses distributed for harness racing | ||||||
15 | in that calendar year in addition to any stakes payments and | ||||||
16 | starting fees contributed by horse owners. | ||||||
17 | (b-10) Each organization licensee conducting a harness | ||||||
18 | racing meeting
pursuant to this Act shall provide an owner | ||||||
19 | award to be paid from the purse
account equal to 12% of the | ||||||
20 | amount earned by Illinois conceived and foaled
horses | ||||||
21 | finishing in the first 3 positions in races that are not | ||||||
22 | restricted to Illinois conceived and foaled
horses. The owner | ||||||
23 | awards shall not be paid on races below the $10,000 claiming | ||||||
24 | class. | ||||||
25 | (c) Conditions of races under subsection (b) shall be | ||||||
26 | commensurate
with past performance, quality and class of |
| |||||||
| |||||||
1 | Illinois conceived and
foaled horses available. If, however, | ||||||
2 | sufficient competition cannot be
had among horses of that | ||||||
3 | class on any day, the races may, with consent
of the Board, be | ||||||
4 | eliminated for that day and substitute races provided.
| ||||||
5 | (d) There is hereby created a special fund of the State | ||||||
6 | Treasury to
be known as the Illinois Standardbred Breeders | ||||||
7 | Fund. Beginning on June 28, 2019 (the effective date of Public | ||||||
8 | Act 101-31), the Illinois Standardbred Breeders Fund shall | ||||||
9 | become a non-appropriated trust fund held separate and apart | ||||||
10 | from State moneys. Expenditures from this Fund shall no longer | ||||||
11 | be subject to appropriation.
| ||||||
12 | During the calendar year 1981, and each year thereafter, | ||||||
13 | except as provided
in subsection (g) of Section 27 of this Act, | ||||||
14 | eight and one-half
per cent of all the monies received by the | ||||||
15 | State as privilege taxes on
harness racing meetings shall be | ||||||
16 | paid into the Illinois Standardbred
Breeders Fund.
| ||||||
17 | (e) Notwithstanding any provision of law to the contrary, | ||||||
18 | amounts deposited into the Illinois Standardbred Breeders Fund | ||||||
19 | from revenues generated by gaming pursuant to an organization | ||||||
20 | gaming license issued under the Illinois Gambling Act after | ||||||
21 | June 28, 2019 (the effective date of Public Act 101-31) shall | ||||||
22 | be in addition to tax and fee amounts paid under this Section | ||||||
23 | for calendar year 2019 and thereafter. The Illinois | ||||||
24 | Standardbred Breeders Fund shall be administered by
the | ||||||
25 | Department of Agriculture with the assistance and advice of | ||||||
26 | the
Advisory Board created in subsection (f) of this Section.
|
| |||||||
| |||||||
1 | (f) The Illinois Standardbred Breeders Fund Advisory Board | ||||||
2 | is hereby
created. The Advisory Board shall consist of the | ||||||
3 | Director of the
Department of Agriculture, who shall serve as | ||||||
4 | Chairman; the
Superintendent of the Illinois State Fair; a | ||||||
5 | member of the Illinois
Racing Board, designated by it; a | ||||||
6 | representative of the largest association of Illinois | ||||||
7 | standardbred owners and breeders, recommended by it; a
| ||||||
8 | representative of a statewide association representing | ||||||
9 | agricultural fairs in Illinois,
recommended by it, such | ||||||
10 | representative to be from a fair at which
Illinois conceived | ||||||
11 | and foaled racing is conducted; a representative of
the | ||||||
12 | organization licensees conducting harness racing
meetings, | ||||||
13 | recommended by them; a representative of the Breeder's | ||||||
14 | Committee of the association representing the largest number | ||||||
15 | of standardbred owners, breeders, trainers, caretakers, and | ||||||
16 | drivers, recommended by it;
and a representative of the | ||||||
17 | association representing the largest number of standardbred | ||||||
18 | owners, breeders, trainers, caretakers, and drivers,
| ||||||
19 | recommended by it. Advisory Board members shall serve for 2 | ||||||
20 | years
commencing January 1 of each odd numbered year. If | ||||||
21 | representatives of
the largest association of Illinois | ||||||
22 | standardbred owners and breeders, a statewide association of | ||||||
23 | agricultural fairs in Illinois, the association representing | ||||||
24 | the largest number of standardbred owners, breeders, trainers, | ||||||
25 | caretakers, and drivers, a member of the Breeder's Committee | ||||||
26 | of the association representing the largest number of |
| |||||||
| |||||||
1 | standardbred owners, breeders, trainers, caretakers, and | ||||||
2 | drivers, and the organization licensees conducting
harness | ||||||
3 | racing meetings
have not been recommended by January 1 of each | ||||||
4 | odd numbered year, the
Director of the Department of | ||||||
5 | Agriculture shall make an appointment for
the organization | ||||||
6 | failing to so recommend a member of the Advisory Board.
| ||||||
7 | Advisory Board members shall receive no compensation for their | ||||||
8 | services
as members but shall be reimbursed for all actual and | ||||||
9 | necessary expenses
and disbursements incurred in the execution | ||||||
10 | of their official duties.
| ||||||
11 | (g) Monies expended
from the Illinois Standardbred | ||||||
12 | Breeders Fund shall be
expended by the Department of | ||||||
13 | Agriculture, with the assistance and
advice of the Illinois | ||||||
14 | Standardbred Breeders Fund Advisory Board for the
following | ||||||
15 | purposes only:
| ||||||
16 | 1. To provide purses for races limited to Illinois | ||||||
17 | conceived and
foaled horses at the State Fair and the | ||||||
18 | DuQuoin State Fair.
| ||||||
19 | 2. To provide purses for races limited to Illinois | ||||||
20 | conceived and
foaled horses at county fairs.
| ||||||
21 | 3. To provide purse supplements for races limited to | ||||||
22 | Illinois
conceived and foaled horses conducted by | ||||||
23 | associations conducting harness
racing meetings.
| ||||||
24 | 4. No less than 75% of all monies in the Illinois | ||||||
25 | Standardbred
Breeders Fund shall be expended for purses in | ||||||
26 | 1, 2, and 3 as shown above.
|
| |||||||
| |||||||
1 | 5. In the discretion of the Department of Agriculture | ||||||
2 | to provide
awards to harness breeders of Illinois | ||||||
3 | conceived and foaled horses which
win races conducted by | ||||||
4 | organization licensees
conducting harness racing meetings.
| ||||||
5 | A breeder is the owner of a mare at the time of conception. | ||||||
6 | No more
than 10% of all moneys transferred into monies | ||||||
7 | appropriated from the Illinois
Standardbred Breeders Fund | ||||||
8 | shall
be expended for such harness breeders awards. No | ||||||
9 | more than 25% of the
amount expended for harness breeders | ||||||
10 | awards shall be expended for
expenses incurred in the | ||||||
11 | administration of such harness breeders awards.
| ||||||
12 | 6. To pay for the improvement of racing facilities | ||||||
13 | located at the
State Fair and County fairs.
| ||||||
14 | 7. To pay the expenses incurred in the administration | ||||||
15 | of the
Illinois Standardbred Breeders Fund.
| ||||||
16 | 8. To promote the sport of harness racing, including | ||||||
17 | grants up to a
maximum of $7,500 per fair per year for | ||||||
18 | conducting pari-mutuel wagering during the advertised | ||||||
19 | dates of a
county fair.
| ||||||
20 | 9. To pay up to $50,000 annually for the Department of | ||||||
21 | Agriculture to conduct drug testing at county fairs racing | ||||||
22 | standardbred horses. | ||||||
23 | (h) The Illinois Standardbred Breeders Fund is not subject | ||||||
24 | to administrative charges or chargebacks, including, but not | ||||||
25 | limited to, those authorized under Section 8h of the State | ||||||
26 | Finance Act.
|
| |||||||
| |||||||
1 | (i) A sum equal to 13% of the first prize money of the | ||||||
2 | gross purse
won by an Illinois conceived and foaled horse | ||||||
3 | shall be paid 50% by the
organization licensee conducting the | ||||||
4 | horse race meeting to the breeder
of such winning horse from | ||||||
5 | the organization licensee's account and 50% from the purse | ||||||
6 | account of the licensee.
Such payment
shall not reduce any | ||||||
7 | award to the owner of
the horse or reduce the taxes payable | ||||||
8 | under this Act. Such payment
shall be delivered by the | ||||||
9 | organization licensee at the end of each quarter.
| ||||||
10 | (j) The Department of Agriculture shall, by rule, with the
| ||||||
11 | assistance and advice of the Illinois Standardbred Breeders | ||||||
12 | Fund
Advisory Board:
| ||||||
13 | 1. Qualify stallions for Illinois Standardbred | ||||||
14 | Breeders Fund breeding. Such stallion shall
stand for
| ||||||
15 | service at and within the State of Illinois at the time of | ||||||
16 | a foal's
conception, and such stallion must not stand for | ||||||
17 | service at any place
outside the State of Illinois during | ||||||
18 | that calendar year in which the
foal is conceived. | ||||||
19 | However, on and after January 1, 2018, semen from an | ||||||
20 | Illinois stallion may be transported outside the State of | ||||||
21 | Illinois.
| ||||||
22 | 2. Provide for the registration of Illinois conceived | ||||||
23 | and foaled
horses and no such horse shall compete in the | ||||||
24 | races limited to Illinois
conceived and foaled horses | ||||||
25 | unless registered with the Department of
Agriculture. The | ||||||
26 | Department of Agriculture may prescribe such forms as
may |
| |||||||
| |||||||
1 | be necessary to determine the eligibility of such horses. | ||||||
2 | No person
shall knowingly prepare or cause preparation of | ||||||
3 | an application for
registration of such foals containing | ||||||
4 | false information.
A mare (dam) must be in the State at | ||||||
5 | least 30 days prior to foaling or
remain in the State at | ||||||
6 | least 30 days at the time of foaling. However, the | ||||||
7 | requirement that a mare (dam) must be in the State at least | ||||||
8 | 30 days before foaling or remain in the State at least 30 | ||||||
9 | days at the time of foaling shall not be in effect from | ||||||
10 | January 1, 2018 until January 1, 2022.
Beginning with the | ||||||
11 | 1996 breeding season and for foals of 1997 and thereafter,
| ||||||
12 | a foal conceived by transported semen may be eligible for | ||||||
13 | Illinois
conceived and foaled registration provided all | ||||||
14 | breeding and foaling
requirements are met. The stallion | ||||||
15 | must be qualified for Illinois Standardbred
Breeders Fund | ||||||
16 | breeding at the time of conception. The foal must be | ||||||
17 | dropped in Illinois
and properly registered with the | ||||||
18 | Department of Agriculture in accordance with
this Act. | ||||||
19 | However, from January 1, 2018 until January 1, 2022, the | ||||||
20 | requirement for a mare to be inseminated within the State | ||||||
21 | of Illinois and the requirement for a foal to be dropped in | ||||||
22 | Illinois are inapplicable.
| ||||||
23 | 3. Provide that at least a 5-day racing program shall | ||||||
24 | be conducted
at the State Fair each year, unless an | ||||||
25 | alternate racing program is requested by the Illinois | ||||||
26 | Standardbred Breeders Fund Advisory Board, which program |
| |||||||
| |||||||
1 | shall include at least the
following races limited to | ||||||
2 | Illinois conceived and foaled horses: (a) a 2-year-old
| ||||||
3 | Trot and Pace, and Filly Division of each; (b) a | ||||||
4 | 3-year-old Trot and Pace, and Filly Division of each; (c) | ||||||
5 | an aged Trot and Pace,
and Mare Division of each.
| ||||||
6 | 4. Provide for the payment of nominating, sustaining | ||||||
7 | and starting
fees for races promoting the sport of harness | ||||||
8 | racing and for the races
to be conducted at the State Fair | ||||||
9 | as provided in
subsection (j) 3 of this Section provided | ||||||
10 | that the nominating,
sustaining and starting payment | ||||||
11 | required from an entrant shall not
exceed 2% of the purse | ||||||
12 | of such race. All nominating, sustaining and
starting | ||||||
13 | payments shall be held for the benefit of entrants and | ||||||
14 | shall be
paid out as part of the respective purses for such | ||||||
15 | races.
Nominating, sustaining and starting fees shall be | ||||||
16 | held in trust accounts
for the purposes as set forth in | ||||||
17 | this Act and in accordance with Section
205-15 of the | ||||||
18 | Department of Agriculture Law.
| ||||||
19 | 5. Provide for the registration with the Department of | ||||||
20 | Agriculture
of Colt Associations or county fairs desiring | ||||||
21 | to sponsor races at county
fairs.
| ||||||
22 | 6. Provide for the promotion of producing standardbred | ||||||
23 | racehorses by providing a bonus award program for owners | ||||||
24 | of 2-year-old horses that win multiple major stakes races | ||||||
25 | that are limited to Illinois conceived and foaled horses. | ||||||
26 | (k) The Department of Agriculture, with the advice and |
| |||||||
| |||||||
1 | assistance of the
Illinois
Standardbred Breeders Fund Advisory | ||||||
2 | Board, may allocate monies for purse
supplements for such | ||||||
3 | races. In determining whether to allocate money and
the | ||||||
4 | amount, the Department
of Agriculture shall consider factors, | ||||||
5 | including, but not limited to, the
amount of money transferred | ||||||
6 | into appropriated for the Illinois Standardbred Breeders Fund
| ||||||
7 | program , the number of races that may occur, and an | ||||||
8 | organization
licensee's purse structure. The organization | ||||||
9 | licensee shall notify the
Department of Agriculture of the | ||||||
10 | conditions and minimum purses for races
limited to Illinois | ||||||
11 | conceived and foaled horses to be conducted by each | ||||||
12 | organization
licensee conducting a harness racing meeting for | ||||||
13 | which purse
supplements have been negotiated.
| ||||||
14 | (l) All races held at county fairs and the State Fair which | ||||||
15 | receive funds
from the Illinois Standardbred Breeders Fund | ||||||
16 | shall be conducted in
accordance with the rules of the United | ||||||
17 | States Trotting Association unless
otherwise modified by the | ||||||
18 | Department of Agriculture.
| ||||||
19 | (m) At all standardbred race meetings held or conducted | ||||||
20 | under authority of a
license granted by the Board, and at all | ||||||
21 | standardbred races held at county
fairs which are approved by | ||||||
22 | the Department of Agriculture or at the
Illinois or DuQuoin | ||||||
23 | State Fairs, no one shall jog, train, warm up or drive
a | ||||||
24 | standardbred horse unless he or she is wearing a protective | ||||||
25 | safety helmet,
with the
chin strap fastened and in place, | ||||||
26 | which meets the standards and
requirements as set forth in the |
| |||||||
| |||||||
1 | 1984 Standard for Protective Headgear for
Use in Harness | ||||||
2 | Racing and Other Equestrian Sports published by the Snell
| ||||||
3 | Memorial Foundation, or any standards and requirements for | ||||||
4 | headgear the
Illinois Racing Board may approve. Any other | ||||||
5 | standards and requirements so
approved by the Board shall | ||||||
6 | equal or exceed those published by the Snell
Memorial | ||||||
7 | Foundation. Any equestrian helmet bearing the Snell label | ||||||
8 | shall
be deemed to have met those standards and requirements.
| ||||||
9 | (Source: P.A. 101-31, eff. 6-28-19; 101-157, eff. 7-26-19; | ||||||
10 | 102-558, eff. 8-20-21; 102-689, eff. 12-17-21.)
| ||||||
11 | Section 5-125. The Illinois Public Aid Code is amended by | ||||||
12 | changing Section 12-10.7a as follows: | ||||||
13 | (305 ILCS 5/12-10.7a)
| ||||||
14 | Sec. 12-10.7a. The Money Follows the Person Budget | ||||||
15 | Transfer Fund is hereby created as a special fund in the State | ||||||
16 | treasury. | ||||||
17 | (a) Notwithstanding any State law to the contrary, the | ||||||
18 | following moneys shall be deposited into the Fund: | ||||||
19 | (1) enhanced federal financial participation funds | ||||||
20 | related to any spending under a Money Follows the Person | ||||||
21 | demonstration project or initiative, as approved by the | ||||||
22 | federal Centers for Medicare and Medicaid Services on May | ||||||
23 | 14, 2007, and as codified at 20 ILCS 2407/51 et seq., | ||||||
24 | regardless of whether such spending occurred from the |
| |||||||
| |||||||
1 | Money Follows the Person Budget Transfer Fund; | ||||||
2 | (2) federal financial participation funds related to | ||||||
3 | any spending under a Money Follows the Person | ||||||
4 | demonstration project or initiative, as approved by the | ||||||
5 | federal Centers for Medicare and Medicaid Services on May | ||||||
6 | 14, 2007, and as codified at 20 ILCS 2407/51 et seq., that | ||||||
7 | occurred from the Money Follows the Person Budget Transfer | ||||||
8 | Fund; | ||||||
9 | (2.5) other federal funds awarded for a Money Follows
| ||||||
10 | the Person demonstration project or initiative, as | ||||||
11 | approved by the federal Centers for Medicare and Medicaid | ||||||
12 | Services and codified at 20 ILCS 2407/51 et seq.; | ||||||
13 | (3) deposits made via the voucher-warrant process from | ||||||
14 | institutional long-term care appropriations to the | ||||||
15 | Department of Healthcare and Family Services and | ||||||
16 | institutional developmentally disabled long-term care | ||||||
17 | appropriations to the Department of Human Services; | ||||||
18 | (4) deposits made via the voucher-warrant process from | ||||||
19 | appropriation lines used to fund community-based services | ||||||
20 | for individuals eligible for nursing facility level of | ||||||
21 | care to the Department of Human Services, the Department | ||||||
22 | on Aging, or the Department of Healthcare and Family | ||||||
23 | Services; | ||||||
24 | (5) interest earned on moneys in the Fund; and | ||||||
25 | (6) all other moneys received by the Fund from any | ||||||
26 | source. |
| |||||||
| |||||||
1 | (b) Subject to appropriation, moneys in the Fund may be | ||||||
2 | used by the Department of Healthcare and Family Services for | ||||||
3 | reimbursement or payment for: | ||||||
4 | (1) expenses related to rebalancing long-term care | ||||||
5 | services between institutional and community-based | ||||||
6 | settings as authorized under a Money Follows the Person | ||||||
7 | demonstration project or initiative, as approved by the | ||||||
8 | federal Centers for Medicare and Medicaid Services on May | ||||||
9 | 14, 2007, and as codified at 20 ILCS 2407/51 et seq. , | ||||||
10 | including, but not limited to, reimbursement to other | ||||||
11 | entities of State government for related expenditures ; | ||||||
12 | (2) expenses for community-based services for | ||||||
13 | individuals eligible for nursing facility level of care in | ||||||
14 | the Department of Human Services, the Department on Aging, | ||||||
15 | or the Department of Healthcare and Family Services to the | ||||||
16 | extent the expenses reimbursed or paid are in excess of | ||||||
17 | the amounts budgeted to those Departments each fiscal year | ||||||
18 | for persons transitioning out of institutional long-term | ||||||
19 | care settings under a Money Follows the Person | ||||||
20 | demonstration project or initiative, as approved by the | ||||||
21 | federal Centers for Medicare and Medicaid Services on May | ||||||
22 | 14, 2007, and as codified at 20 ILCS 2407/51 et seq.; | ||||||
23 | (3) expenses for institutional long-term care services | ||||||
24 | at the Department of Healthcare and Family Services to the | ||||||
25 | extent that the expenses reimbursed or paid are for | ||||||
26 | services in excess of the amount budgeted to the |
| |||||||
| |||||||
1 | Department each fiscal year for persons who had or | ||||||
2 | otherwise were expected to transition out of institutional | ||||||
3 | long-term care settings under a Money Follows the Person | ||||||
4 | demonstration project or initiative, as approved by the | ||||||
5 | federal Centers for Medicare and Medicaid Services on May | ||||||
6 | 14, 2007, and as codified at 20 ILCS 2407/51 et seq.; and | ||||||
7 | (4) expenses, including operational, administrative, | ||||||
8 | and refund expenses, necessary to implement and operate a | ||||||
9 | Money Follows the Person demonstration project or | ||||||
10 | initiative, as approved by the federal Centers for | ||||||
11 | Medicare and Medicaid Services on May 14, 2007, and as | ||||||
12 | codified at 20 ILCS 2407/51 et seq. | ||||||
13 | Expenses reimbursed or paid on behalf of other agencies by | ||||||
14 | the Department of Healthcare and Family Services under this | ||||||
15 | subsection shall be pursuant to an interagency agreement and | ||||||
16 | allowable under a Money Follows the Person demonstration | ||||||
17 | project or initiative, as approved by the federal Centers for | ||||||
18 | Medicare and Medicaid Services on May 14, 2007, and as | ||||||
19 | codified at 20 ILCS 2407/51 et seq.
| ||||||
20 | (Source: P.A. 95-744, eff. 7-18-08.) | ||||||
21 | Section 5-127. The Early Mental Health and Addictions | ||||||
22 | Treatment Act is amended by adding Section 15 as follows: | ||||||
23 | (305 ILCS 65/15 new) | ||||||
24 | Sec. 15. Availability of naloxone formulations. The |
| |||||||
| |||||||
1 | Department of Human Services shall, as part of the fiscal year | ||||||
2 | 2024 Drug Overdose Prevention Program, make all FDA-approved | ||||||
3 | formulations of naloxone that are cleared through the | ||||||
4 | Minnesota Multistate Contracting Alliance for Pharmacy, and | ||||||
5 | for which the manufacturer can set up a system for receiving, | ||||||
6 | tracking, and distribution, available to eligible Drug | ||||||
7 | Overdose Prevention Program participants and applicants. | ||||||
8 | Section 5-130. The Cannabis Regulation and Tax Act is | ||||||
9 | amended by changing Section 7-10 as follows: | ||||||
10 | (410 ILCS 705/7-10)
| ||||||
11 | Sec. 7-10. Cannabis Business Development Fund. | ||||||
12 | (a) There is created in the State treasury a special fund, | ||||||
13 | which shall be held separate and apart from all other State | ||||||
14 | moneys, to be known as the Cannabis Business Development Fund. | ||||||
15 | The Cannabis Business Development Fund shall be exclusively | ||||||
16 | used for the following purposes: | ||||||
17 | (1) to provide low-interest rate loans to Qualified | ||||||
18 | Social Equity Applicants to pay for ordinary and necessary | ||||||
19 | expenses to start and operate a cannabis business | ||||||
20 | establishment permitted by this Act; | ||||||
21 | (2) to provide grants to Qualified Social Equity | ||||||
22 | Applicants to pay for ordinary and necessary expenses to | ||||||
23 | start and operate a cannabis business establishment | ||||||
24 | permitted by this Act; |
| |||||||
| |||||||
1 | (3) to compensate the Department of Commerce and | ||||||
2 | Economic Opportunity for any costs related to the | ||||||
3 | provision of low-interest loans and grants to Qualified | ||||||
4 | Social Equity Applicants; | ||||||
5 | (4) to pay for outreach that may be provided or | ||||||
6 | targeted to attract and support Social Equity Applicants | ||||||
7 | and Qualified Social Equity Applicants; | ||||||
8 | (5) (blank); | ||||||
9 | (6) to conduct any study or research concerning the | ||||||
10 | participation of minorities, women, veterans, or people | ||||||
11 | with disabilities in the cannabis industry, including, | ||||||
12 | without limitation, barriers to such individuals entering | ||||||
13 | the industry as equity owners of cannabis business | ||||||
14 | establishments; | ||||||
15 | (7) (blank); and | ||||||
16 | (8) to assist with job training and technical | ||||||
17 | assistance for residents in Disproportionately Impacted | ||||||
18 | Areas. | ||||||
19 | (b) All moneys collected under Sections 15-15 and 15-20 | ||||||
20 | for Early Approval Adult Use Dispensing Organization Licenses | ||||||
21 | issued before January 1, 2021 and remunerations made as a | ||||||
22 | result of transfers of permits awarded to Qualified Social | ||||||
23 | Equity Applicants shall be deposited into the Cannabis | ||||||
24 | Business Development Fund. | ||||||
25 | (c) (Blank). As soon as practical after July 1, 2019, the | ||||||
26 | Comptroller shall order and the Treasurer shall transfer |
| |||||||
| |||||||
1 | $12,000,000 from the Compassionate Use of Medical Cannabis | ||||||
2 | Fund to the Cannabis Business Development Fund. | ||||||
3 | (c-5) In addition to any other transfers that may be | ||||||
4 | provided for by law, on July 1, 2023, or as soon thereafter as | ||||||
5 | practical, the State Comptroller shall direct and the State | ||||||
6 | Treasurer shall transfer the sum of $40,000,000 from the | ||||||
7 | Compassionate Use of Medical Cannabis Fund to the Cannabis | ||||||
8 | Business Development Fund. | ||||||
9 | (d) Notwithstanding any other law to the contrary, the | ||||||
10 | Cannabis Business Development Fund is not subject to sweeps, | ||||||
11 | administrative charge-backs, or any other fiscal or budgetary | ||||||
12 | maneuver that would in any way transfer any amounts from the | ||||||
13 | Cannabis Business Development Fund into any other fund of the | ||||||
14 | State.
| ||||||
15 | (Source: P.A. 101-27, eff. 6-25-19; 101-593, eff. 12-4-19.) | ||||||
16 | Section 5-135. The Environmental Protection Act is amended | ||||||
17 | by changing Sections 22.15 and 57.11 as follows:
| ||||||
18 | (415 ILCS 5/22.15)
| ||||||
19 | Sec. 22.15. Solid Waste Management Fund; fees.
| ||||||
20 | (a) There is hereby created within the State Treasury a
| ||||||
21 | special fund to be known as the Solid Waste Management Fund, to | ||||||
22 | be
constituted from the fees collected by the State pursuant | ||||||
23 | to this Section,
from repayments of loans made from the Fund | ||||||
24 | for solid waste projects, from registration fees collected |
| |||||||
| |||||||
1 | pursuant to the Consumer Electronics Recycling Act, and from | ||||||
2 | amounts transferred into the Fund pursuant to Public Act | ||||||
3 | 100-433.
Moneys received by either the Agency or the | ||||||
4 | Department of Commerce and Economic Opportunity
in repayment | ||||||
5 | of loans made pursuant to the Illinois Solid Waste Management
| ||||||
6 | Act shall be deposited into the General Revenue Fund.
| ||||||
7 | (b) The Agency shall assess and collect a
fee in the amount | ||||||
8 | set forth herein from the owner or operator of each sanitary
| ||||||
9 | landfill permitted or required to be permitted by the Agency | ||||||
10 | to dispose of
solid waste if the sanitary landfill is located | ||||||
11 | off the site where such waste
was produced and if such sanitary | ||||||
12 | landfill is owned, controlled, and operated
by a person other | ||||||
13 | than the generator of such waste. The Agency shall deposit
all | ||||||
14 | fees collected into the Solid Waste Management Fund. If a site | ||||||
15 | is
contiguous to one or more landfills owned or operated by the | ||||||
16 | same person, the
volumes permanently disposed of by each | ||||||
17 | landfill shall be combined for purposes
of determining the fee | ||||||
18 | under this subsection. Beginning on July 1, 2018, and on the | ||||||
19 | first day of each month thereafter during fiscal years 2019 | ||||||
20 | through 2024 2023 , the State Comptroller shall direct and | ||||||
21 | State Treasurer shall transfer an amount equal to 1/12 of | ||||||
22 | $5,000,000 per fiscal year from the Solid Waste Management | ||||||
23 | Fund to the General Revenue Fund.
| ||||||
24 | (1) If more than 150,000 cubic yards of non-hazardous | ||||||
25 | solid waste is
permanently disposed of at a site in a | ||||||
26 | calendar year, the owner or operator
shall either pay a |
| |||||||
| |||||||
1 | fee of 95 cents per cubic yard or,
alternatively, the | ||||||
2 | owner or operator may weigh the quantity of the solid | ||||||
3 | waste
permanently disposed of with a device for which | ||||||
4 | certification has been obtained
under the Weights and | ||||||
5 | Measures Act and pay a fee of $2.00 per
ton of solid waste | ||||||
6 | permanently disposed of. In no case shall the fee | ||||||
7 | collected
or paid by the owner or operator under this | ||||||
8 | paragraph exceed $1.55 per cubic yard or $3.27 per ton.
| ||||||
9 | (2) If more than 100,000 cubic yards but not more than | ||||||
10 | 150,000 cubic
yards of non-hazardous waste is permanently | ||||||
11 | disposed of at a site in a calendar
year, the owner or | ||||||
12 | operator shall pay a fee of $52,630.
| ||||||
13 | (3) If more than 50,000 cubic yards but not more than | ||||||
14 | 100,000 cubic
yards of non-hazardous solid waste is | ||||||
15 | permanently disposed of at a site
in a calendar year, the | ||||||
16 | owner or operator shall pay a fee of $23,790.
| ||||||
17 | (4) If more than 10,000 cubic yards but not more than | ||||||
18 | 50,000 cubic
yards of non-hazardous solid waste is | ||||||
19 | permanently disposed of at a site
in a calendar year, the | ||||||
20 | owner or operator shall pay a fee of $7,260.
| ||||||
21 | (5) If not more than 10,000 cubic yards of | ||||||
22 | non-hazardous solid waste is
permanently disposed of at a | ||||||
23 | site in a calendar year, the owner or operator
shall pay a | ||||||
24 | fee of $1050.
| ||||||
25 | (c) (Blank).
| ||||||
26 | (d) The Agency shall establish rules relating to the |
| |||||||
| |||||||
1 | collection of the
fees authorized by this Section. Such rules | ||||||
2 | shall include, but not be
limited to:
| ||||||
3 | (1) necessary records identifying the quantities of | ||||||
4 | solid waste received
or disposed;
| ||||||
5 | (2) the form and submission of reports to accompany | ||||||
6 | the payment of fees
to the Agency;
| ||||||
7 | (3) the time and manner of payment of fees to the | ||||||
8 | Agency, which payments
shall not be more often than | ||||||
9 | quarterly; and
| ||||||
10 | (4) procedures setting forth criteria establishing | ||||||
11 | when an owner or
operator may measure by weight or volume | ||||||
12 | during any given quarter or other
fee payment period.
| ||||||
13 | (e) Pursuant to appropriation, all monies in the Solid | ||||||
14 | Waste Management
Fund shall be used by the Agency for the | ||||||
15 | purposes set forth in this Section and in the Illinois
Solid | ||||||
16 | Waste Management Act, including for the costs of fee | ||||||
17 | collection and
administration, and for the administration of | ||||||
18 | the Consumer Electronics Recycling Act and the Drug Take-Back | ||||||
19 | Act.
| ||||||
20 | (f) The Agency is authorized to enter into such agreements | ||||||
21 | and to
promulgate such rules as are necessary to carry out its | ||||||
22 | duties under this
Section and the Illinois Solid Waste | ||||||
23 | Management Act.
| ||||||
24 | (g) On the first day of January, April, July, and October | ||||||
25 | of each year,
beginning on July 1, 1996, the State Comptroller | ||||||
26 | and Treasurer shall
transfer $500,000 from the Solid Waste |
| |||||||
| |||||||
1 | Management Fund to the Hazardous Waste
Fund. Moneys | ||||||
2 | transferred under this subsection (g) shall be used only for | ||||||
3 | the
purposes set forth in item (1) of subsection (d) of Section | ||||||
4 | 22.2.
| ||||||
5 | (h) The Agency is authorized to provide financial | ||||||
6 | assistance to units of
local government for the performance of | ||||||
7 | inspecting, investigating , and
enforcement activities pursuant | ||||||
8 | to subsection (r) of Section 4 Section 4(r) at nonhazardous | ||||||
9 | solid
waste disposal sites.
| ||||||
10 | (i) The Agency is authorized to conduct household waste | ||||||
11 | collection and
disposal programs.
| ||||||
12 | (j) A unit of local government, as defined in the Local | ||||||
13 | Solid Waste Disposal
Act, in which a solid waste disposal | ||||||
14 | facility is located may establish a fee,
tax, or surcharge | ||||||
15 | with regard to the permanent disposal of solid waste.
All | ||||||
16 | fees, taxes, and surcharges collected under this subsection | ||||||
17 | shall be
utilized for solid waste management purposes, | ||||||
18 | including long-term monitoring
and maintenance of landfills, | ||||||
19 | planning, implementation, inspection, enforcement
and other | ||||||
20 | activities consistent with the Solid Waste Management Act and | ||||||
21 | the
Local Solid Waste Disposal Act, or for any other | ||||||
22 | environment-related purpose,
including, but not limited to, an | ||||||
23 | environment-related public works project, but
not for the | ||||||
24 | construction of a new pollution control facility other than a
| ||||||
25 | household hazardous waste facility. However, the total fee, | ||||||
26 | tax or surcharge
imposed by all units of local government |
| |||||||
| |||||||
1 | under this subsection (j) upon the
solid waste disposal | ||||||
2 | facility shall not exceed:
| ||||||
3 | (1) 60¢ per cubic yard if more than 150,000 cubic | ||||||
4 | yards of non-hazardous
solid waste is permanently disposed | ||||||
5 | of at the site in a calendar year, unless
the owner or | ||||||
6 | operator weighs the quantity of the solid waste received | ||||||
7 | with a
device for which certification has been obtained | ||||||
8 | under the Weights and Measures
Act, in which case the fee | ||||||
9 | shall not exceed $1.27 per ton of solid waste
permanently | ||||||
10 | disposed of.
| ||||||
11 | (2) $33,350 if more than 100,000
cubic yards, but not | ||||||
12 | more than 150,000 cubic yards, of non-hazardous waste
is | ||||||
13 | permanently disposed of at the site in a calendar year.
| ||||||
14 | (3) $15,500 if more than 50,000 cubic
yards, but not | ||||||
15 | more than 100,000 cubic yards, of non-hazardous solid | ||||||
16 | waste is
permanently disposed of at the site in a calendar | ||||||
17 | year.
| ||||||
18 | (4) $4,650 if more than 10,000 cubic
yards, but not | ||||||
19 | more than 50,000 cubic yards, of non-hazardous solid waste
| ||||||
20 | is permanently disposed of at the site in a calendar year.
| ||||||
21 | (5) $650 if not more than 10,000 cubic
yards of | ||||||
22 | non-hazardous solid waste is permanently disposed of at | ||||||
23 | the site in
a calendar year.
| ||||||
24 | The corporate authorities of the unit of local government
| ||||||
25 | may use proceeds from the fee, tax, or surcharge to reimburse a | ||||||
26 | highway
commissioner whose road district lies wholly or |
| |||||||
| |||||||
1 | partially within the
corporate limits of the unit of local | ||||||
2 | government for expenses incurred in
the removal of | ||||||
3 | nonhazardous, nonfluid municipal waste that has been dumped
on | ||||||
4 | public property in violation of a State law or local | ||||||
5 | ordinance.
| ||||||
6 | For the disposal of solid waste from general construction
| ||||||
7 | or demolition debris recovery facilities as defined in | ||||||
8 | subsection (a-1) of Section 3.160, the total fee, tax, or | ||||||
9 | surcharge imposed by
all units of local government under this | ||||||
10 | subsection (j) upon
the solid waste disposal facility shall | ||||||
11 | not exceed 50% of the
applicable amount set forth above. A unit | ||||||
12 | of local government,
as defined in the Local Solid Waste | ||||||
13 | Disposal Act, in which a
general construction or demolition | ||||||
14 | debris recovery facility is
located may establish a fee, tax, | ||||||
15 | or surcharge on the general construction or demolition debris | ||||||
16 | recovery facility with
regard to the permanent disposal of | ||||||
17 | solid waste by the
general construction or demolition debris | ||||||
18 | recovery facility at
a solid waste disposal facility, provided | ||||||
19 | that such fee, tax,
or surcharge shall not exceed 50% of the | ||||||
20 | applicable amount set
forth above, based on the total amount | ||||||
21 | of solid waste transported from the general construction or | ||||||
22 | demolition debris recovery facility for disposal at solid | ||||||
23 | waste disposal facilities, and the unit of local government | ||||||
24 | and fee shall be
subject to all other requirements of this | ||||||
25 | subsection (j). | ||||||
26 | A county or Municipal Joint Action Agency that imposes a |
| |||||||
| |||||||
1 | fee, tax, or
surcharge under this subsection may use the | ||||||
2 | proceeds thereof to reimburse a
municipality that lies wholly | ||||||
3 | or partially within its boundaries for expenses
incurred in | ||||||
4 | the removal of nonhazardous, nonfluid municipal waste that has | ||||||
5 | been
dumped on public property in violation of a State law or | ||||||
6 | local ordinance.
| ||||||
7 | If the fees are to be used to conduct a local sanitary | ||||||
8 | landfill
inspection or enforcement program, the unit of local | ||||||
9 | government must enter
into a written delegation agreement with | ||||||
10 | the Agency pursuant to subsection
(r) of Section 4. The unit of | ||||||
11 | local government and the Agency shall enter
into such a | ||||||
12 | written delegation agreement within 60 days after the
| ||||||
13 | establishment of such fees. At least annually,
the Agency | ||||||
14 | shall conduct an audit of the expenditures made by units of | ||||||
15 | local
government from the funds granted by the Agency to the | ||||||
16 | units of local
government for purposes of local sanitary | ||||||
17 | landfill inspection and enforcement
programs, to ensure that | ||||||
18 | the funds have been expended for the prescribed
purposes under | ||||||
19 | the grant.
| ||||||
20 | The fees, taxes or surcharges collected under this | ||||||
21 | subsection (j) shall
be placed by the unit of local government | ||||||
22 | in a separate fund, and the
interest received on the moneys in | ||||||
23 | the fund shall be credited to the fund. The
monies in the fund | ||||||
24 | may be accumulated over a period of years to be
expended in | ||||||
25 | accordance with this subsection.
| ||||||
26 | A unit of local government, as defined in the Local Solid |
| |||||||
| |||||||
1 | Waste Disposal
Act, shall prepare and post on its website, in | ||||||
2 | April of each year, a
report that details spending plans for | ||||||
3 | monies collected in accordance with
this subsection. The | ||||||
4 | report will at a minimum include the following:
| ||||||
5 | (1) The total monies collected pursuant to this | ||||||
6 | subsection.
| ||||||
7 | (2) The most current balance of monies collected | ||||||
8 | pursuant to this
subsection.
| ||||||
9 | (3) An itemized accounting of all monies expended for | ||||||
10 | the previous year
pursuant to this subsection.
| ||||||
11 | (4) An estimation of monies to be collected for the | ||||||
12 | following 3
years pursuant to this subsection.
| ||||||
13 | (5) A narrative detailing the general direction and | ||||||
14 | scope of future
expenditures for one, 2 and 3 years.
| ||||||
15 | The exemptions granted under Sections 22.16 and 22.16a, | ||||||
16 | and under
subsection (k) of this Section, shall be applicable | ||||||
17 | to any fee,
tax or surcharge imposed under this subsection | ||||||
18 | (j); except that the fee,
tax or surcharge authorized to be | ||||||
19 | imposed under this subsection (j) may be
made applicable by a | ||||||
20 | unit of local government to the permanent disposal of
solid | ||||||
21 | waste after December 31, 1986, under any contract lawfully | ||||||
22 | executed
before June 1, 1986 under which more than 150,000 | ||||||
23 | cubic yards (or 50,000 tons)
of solid waste is to be | ||||||
24 | permanently disposed of, even though the waste is
exempt from | ||||||
25 | the fee imposed by the State under subsection (b) of this | ||||||
26 | Section
pursuant to an exemption granted under Section 22.16.
|
| |||||||
| |||||||
1 | (k) In accordance with the findings and purposes of the | ||||||
2 | Illinois Solid
Waste Management Act, beginning January 1, 1989 | ||||||
3 | the fee under subsection
(b) and the fee, tax or surcharge | ||||||
4 | under subsection (j) shall not apply to:
| ||||||
5 | (1) waste which is hazardous waste;
| ||||||
6 | (2) waste which is pollution control waste;
| ||||||
7 | (3) waste from recycling, reclamation or reuse | ||||||
8 | processes which have been
approved by the Agency as being | ||||||
9 | designed to remove any contaminant from
wastes so as to | ||||||
10 | render such wastes reusable, provided that the process
| ||||||
11 | renders at least 50% of the waste reusable; the exemption | ||||||
12 | set forth in this paragraph (3) of this subsection (k) | ||||||
13 | shall not apply to general construction or demolition | ||||||
14 | debris recovery
facilities as defined in subsection (a-1) | ||||||
15 | of Section 3.160;
| ||||||
16 | (4) non-hazardous solid waste that is received at a | ||||||
17 | sanitary landfill
and composted or recycled through a | ||||||
18 | process permitted by the Agency; or
| ||||||
19 | (5) any landfill which is permitted by the Agency to | ||||||
20 | receive only
demolition or construction debris or | ||||||
21 | landscape waste.
| ||||||
22 | (Source: P.A. 101-10, eff. 6-5-19; 101-636, eff. 6-10-20; | ||||||
23 | 102-16, eff. 6-17-21; 102-310, eff. 8-6-21; 102-444, eff. | ||||||
24 | 8-20-21; 102-699, eff. 4-19-22; 102-813, eff. 5-13-22; | ||||||
25 | 102-1055, eff. 6-10-22; revised 8-25-22.)
|
| |||||||
| |||||||
1 | (415 ILCS 5/57.11) | ||||||
2 | Sec. 57.11. Underground Storage Tank Fund; creation. | ||||||
3 | (a) There is hereby created in the State Treasury a | ||||||
4 | special fund
to be known as the Underground Storage Tank Fund. | ||||||
5 | There shall be deposited
into the Underground Storage Tank | ||||||
6 | Fund all moneys received by the Office of the
State Fire | ||||||
7 | Marshal as fees for underground storage tanks under Sections 4 | ||||||
8 | and 5
of the Gasoline Storage Act, fees pursuant to the Motor | ||||||
9 | Fuel Tax Law, and beginning July 1, 2013, payments pursuant to | ||||||
10 | the Use Tax Act, the Service Use Tax Act, the Service | ||||||
11 | Occupation Tax Act, and the Retailers' Occupation Tax Act.
All | ||||||
12 | amounts held in the Underground Storage Tank Fund shall be | ||||||
13 | invested at
interest by the State Treasurer. All income earned | ||||||
14 | from the investments shall
be deposited into the Underground | ||||||
15 | Storage Tank Fund no less frequently than
quarterly. In | ||||||
16 | addition to any other transfers that may be provided for by | ||||||
17 | law, beginning on July 1, 2018 and on the first day of each | ||||||
18 | month thereafter during fiscal years 2019 through 2024 2023 | ||||||
19 | only, the State Comptroller shall direct and the State | ||||||
20 | Treasurer shall transfer an amount equal to 1/12 of | ||||||
21 | $10,000,000 from the Underground Storage Tank Fund to the | ||||||
22 | General Revenue Fund. Moneys in the Underground Storage Tank | ||||||
23 | Fund, pursuant to
appropriation, may be used by the Agency and | ||||||
24 | the Office of the State Fire
Marshal for the following | ||||||
25 | purposes: | ||||||
26 | (1) To take action authorized under Section 57.12 to |
| |||||||
| |||||||
1 | recover costs under
Section 57.12. | ||||||
2 | (2) To assist in the reduction and mitigation of | ||||||
3 | damage caused by leaks
from underground storage tanks, | ||||||
4 | including but not limited to, providing
alternative water | ||||||
5 | supplies to persons whose drinking water has become
| ||||||
6 | contaminated as a result of those leaks. | ||||||
7 | (3) To be used as a matching amount towards federal | ||||||
8 | assistance relative to
the release of petroleum from | ||||||
9 | underground storage tanks. | ||||||
10 | (4) For the costs of administering activities of the | ||||||
11 | Agency and the Office
of the State Fire Marshal relative | ||||||
12 | to the Underground Storage Tank Fund. | ||||||
13 | (5) For payment of costs of corrective action incurred | ||||||
14 | by and
indemnification to operators of underground storage | ||||||
15 | tanks as provided in this
Title. | ||||||
16 | (6) For a total of 2 demonstration projects in amounts | ||||||
17 | in excess of a
$10,000 deductible charge designed to | ||||||
18 | assess the viability of corrective action
projects at | ||||||
19 | sites which have experienced contamination from petroleum | ||||||
20 | releases.
Such demonstration projects shall be conducted | ||||||
21 | in accordance with the provision
of this Title. | ||||||
22 | (7) Subject to appropriation, moneys in the | ||||||
23 | Underground Storage Tank Fund
may also be used by the | ||||||
24 | Department of Revenue for the costs of administering
its | ||||||
25 | activities relative to the Fund and for refunds provided | ||||||
26 | for in Section
13a.8 of the Motor Fuel Tax Law. |
| |||||||
| |||||||
1 | (b) Moneys in the Underground Storage Tank Fund may, | ||||||
2 | pursuant to
appropriation, be used by the Office of the State | ||||||
3 | Fire Marshal or the Agency to
take whatever emergency action | ||||||
4 | is necessary or appropriate to assure that the
public health | ||||||
5 | or safety is not threatened whenever there is a release or
| ||||||
6 | substantial threat of a release of petroleum from an | ||||||
7 | underground storage tank
and for the costs of administering | ||||||
8 | its activities relative to the Underground
Storage Tank Fund. | ||||||
9 | (c) Beginning July 1, 1993, the Governor shall certify to | ||||||
10 | the State
Comptroller and State Treasurer the monthly amount | ||||||
11 | necessary to pay debt
service on State obligations issued | ||||||
12 | pursuant to Section 6 of the General
Obligation Bond Act. On | ||||||
13 | the last day of each month, the Comptroller shall order
| ||||||
14 | transferred and the Treasurer shall transfer from the | ||||||
15 | Underground Storage Tank
Fund to the General Obligation Bond | ||||||
16 | Retirement and Interest Fund the amount
certified by the | ||||||
17 | Governor, plus any cumulative deficiency in those transfers
| ||||||
18 | for prior months. | ||||||
19 | (d) Except as provided in subsection (c) of this Section, | ||||||
20 | the Underground Storage Tank Fund is not subject to | ||||||
21 | administrative charges authorized under Section 8h of the | ||||||
22 | State Finance Act that would in any way transfer any funds from | ||||||
23 | the Underground Storage Tank Fund into any other fund of the | ||||||
24 | State. | ||||||
25 | (e) Each fiscal year, subject to appropriation, the Agency | ||||||
26 | may commit up to $10,000,000 of the moneys in the Underground |
| |||||||
| |||||||
1 | Storage Tank Fund to the payment of corrective action costs | ||||||
2 | for legacy sites that meet one or more of the following | ||||||
3 | criteria as a result of the underground storage tank release: | ||||||
4 | (i) the presence of free product, (ii) contamination within a | ||||||
5 | regulated recharge area, a wellhead protection area, or the | ||||||
6 | setback zone of a potable water supply well, (iii) | ||||||
7 | contamination extending beyond the boundaries of the site | ||||||
8 | where the release occurred, or (iv) such other criteria as may | ||||||
9 | be adopted in Agency rules. | ||||||
10 | (1) Fund moneys committed under this subsection (e) | ||||||
11 | shall be held in the Fund for payment of the corrective | ||||||
12 | action costs for which the moneys were committed. | ||||||
13 | (2) The Agency may adopt rules governing the | ||||||
14 | commitment of Fund moneys under this subsection (e). | ||||||
15 | (3) This subsection (e) does not limit the use of Fund | ||||||
16 | moneys at legacy sites as otherwise provided under this | ||||||
17 | Title. | ||||||
18 | (4) For the purposes of this subsection (e), the term | ||||||
19 | "legacy site" means a site for which (i) an underground | ||||||
20 | storage tank release was reported prior to January 1, | ||||||
21 | 2005, (ii) the owner or operator has been determined | ||||||
22 | eligible to receive payment from the Fund for corrective | ||||||
23 | action costs, and (iii) the Agency did not receive any | ||||||
24 | applications for payment prior to January 1, 2010. | ||||||
25 | (f) Beginning July 1, 2013, if the amounts deposited into | ||||||
26 | the Fund from moneys received by the Office of the State Fire |
| |||||||
| |||||||
1 | Marshal as fees for underground storage tanks under Sections 4 | ||||||
2 | and 5 of the Gasoline Storage Act and as fees pursuant to the | ||||||
3 | Motor Fuel Tax Law during a State fiscal year are sufficient to | ||||||
4 | pay all claims for payment by the fund received during that | ||||||
5 | State fiscal year, then the amount of any payments into the | ||||||
6 | fund pursuant to the Use Tax Act, the Service Use Tax Act, the | ||||||
7 | Service Occupation Tax Act, and the Retailers' Occupation Tax | ||||||
8 | Act during that State fiscal year shall be deposited as | ||||||
9 | follows: 75% thereof shall be paid into the State treasury and | ||||||
10 | 25% shall be reserved in a special account and used only for | ||||||
11 | the transfer to the Common School Fund as part of the monthly | ||||||
12 | transfer from the General Revenue Fund in accordance with | ||||||
13 | Section 8a of the State Finance Act. | ||||||
14 | (Source: P.A. 101-10, eff. 6-5-19; 101-636, eff. 6-10-20; | ||||||
15 | 102-16, eff. 6-17-21; 102-699, eff. 4-19-22.) | ||||||
16 | Section 5-140. The Electric Vehicle Rebate Act is amended | ||||||
17 | by changing Section 40 as follows:
| ||||||
18 | (415 ILCS 120/40)
| ||||||
19 | Sec. 40. Appropriations from the Electric Vehicle Rebate | ||||||
20 | Fund.
| ||||||
21 | (a) User Fees Funds. The Agency shall estimate the amount | ||||||
22 | of user fees
expected to be collected under Section 35 of this | ||||||
23 | Act for each fiscal
year. User fee funds shall be
deposited | ||||||
24 | into and distributed from the Electric Vehicle Rebate |
| |||||||
| |||||||
1 | Alternate Fuels Fund in the following
manner:
| ||||||
2 | (1) Through fiscal year 2023, In each of fiscal years | ||||||
3 | 1999, 2000, 2001, 2002, and 2003,
an amount not to exceed | ||||||
4 | $200,000, and beginning in fiscal year 2004 an
annual | ||||||
5 | amount not to exceed $225,000 , may be appropriated to the | ||||||
6 | Agency
from the Electric Vehicle Rebate Alternate Fuels | ||||||
7 | Fund to pay its costs of administering the programs
| ||||||
8 | authorized by Section 27 of this Act. Beginning in fiscal | ||||||
9 | year 2024 and in each fiscal year thereafter, an annual | ||||||
10 | amount not to exceed $600,000 may be appropriated to the | ||||||
11 | Agency from the Electric Vehicle Rebate Fund to pay its | ||||||
12 | costs of administering the programs authorized by Section | ||||||
13 | 27 of this Act. An Up to $200,000 may be appropriated to
| ||||||
14 | the Office of the Secretary of State in each of fiscal | ||||||
15 | years 1999, 2000, 2001, 2002, and 2003 from the Alternate | ||||||
16 | Fuels Fund to pay the Secretary
of State's costs of | ||||||
17 | administering the programs authorized under this Act.
| ||||||
18 | Beginning in fiscal year 2004 and in each fiscal year | ||||||
19 | thereafter, an amount
not to exceed $225,000 may be | ||||||
20 | appropriated to the Secretary of State from the Electric | ||||||
21 | Vehicle Rebate
Alternate Fuels Fund to pay the Secretary | ||||||
22 | of State's costs of administering the
programs authorized | ||||||
23 | under this Act.
| ||||||
24 | (2) In fiscal year 2022 and each fiscal year | ||||||
25 | thereafter, after appropriation of
the amounts authorized | ||||||
26 | by item (1) of subsection (a) of this Section, the
|
| |||||||
| |||||||
1 | remaining moneys estimated to be
collected during each | ||||||
2 | fiscal year shall be appropriated.
| ||||||
3 | (3) (Blank).
| ||||||
4 | (4) Moneys appropriated to fund the programs | ||||||
5 | authorized
in Sections 25 and 30 shall be expended only | ||||||
6 | after they have been
collected and deposited into the | ||||||
7 | Electric Vehicle Rebate Alternate Fuels Fund.
| ||||||
8 | (b) General Revenue Fund Appropriations. General Revenue | ||||||
9 | Fund amounts
appropriated to and deposited into the Electric | ||||||
10 | Vehicle Rebate Fund shall be
distributed from the Electric | ||||||
11 | Vehicle Rebate Fund to fund the program authorized in Section | ||||||
12 | 27.
| ||||||
13 | (Source: P.A. 102-662, eff. 9-15-21.)
| ||||||
14 | Section 5-145. The Fire Investigation Act is amended by | ||||||
15 | changing Section 13.1 as follows:
| ||||||
16 | (425 ILCS 25/13.1) (from Ch. 127 1/2, par. 17.1)
| ||||||
17 | Sec. 13.1. Fire Prevention Fund. | ||||||
18 | (a) There shall be a special fund in the State Treasury
| ||||||
19 | known as the Fire Prevention Fund.
| ||||||
20 | (b) The following moneys shall be deposited into the Fund:
| ||||||
21 | (1) Moneys received by the Department of Insurance | ||||||
22 | under Section 12 of this Act.
| ||||||
23 | (2) All fees and reimbursements received by the | ||||||
24 | Office.
|
| |||||||
| |||||||
1 | (3) All receipts from boiler and pressure vessel | ||||||
2 | certification, as
provided in Section 13 of the Boiler and | ||||||
3 | Pressure Vessel Safety Act.
| ||||||
4 | (4) Such other moneys as may be provided by law.
| ||||||
5 | (c) The moneys in the Fire Prevention Fund shall be used, | ||||||
6 | subject to
appropriation, for the following purposes:
| ||||||
7 | (1) Of the moneys deposited into the fund under | ||||||
8 | Section 12 of this Act,
12.5% shall be available for the | ||||||
9 | maintenance of the Illinois Fire Service
Institute and the | ||||||
10 | expenses, facilities, and structures incident thereto,
and | ||||||
11 | for making transfers into the General Obligation Bond | ||||||
12 | Retirement and
Interest Fund for debt service requirements | ||||||
13 | on bonds issued by the State of
Illinois after January 1, | ||||||
14 | 1986 for the purpose of constructing a training
facility | ||||||
15 | for use by the Institute. An additional 2.5% of the moneys | ||||||
16 | deposited into the Fire Prevention Fund shall be available | ||||||
17 | to the Illinois Fire Service Institute for support of the | ||||||
18 | Cornerstone Training Program.
| ||||||
19 | (2) Of the moneys deposited into the Fund under | ||||||
20 | Section 12 of this Act,
10% shall be available for the | ||||||
21 | maintenance of the Chicago Fire Department
Training | ||||||
22 | Program and the expenses, facilities, and structures | ||||||
23 | incident
thereto, in addition to any moneys payable from | ||||||
24 | the Fund to the City of
Chicago pursuant to the Illinois | ||||||
25 | Fire Protection Training Act.
| ||||||
26 | (3) For making payments to local governmental agencies |
| |||||||
| |||||||
1 | and individuals
pursuant to Section 10 of the Illinois | ||||||
2 | Fire Protection Training Act.
| ||||||
3 | (4) For the maintenance and operation of the Office of | ||||||
4 | the State Fire
Marshal, and the expenses incident thereto.
| ||||||
5 | (4.5) For the maintenance, operation, and capital | ||||||
6 | expenses of the Mutual Aid Box Alarm System (MABAS). | ||||||
7 | (4.6) For grants awarded by the Small Fire-fighting | ||||||
8 | and Ambulance Service Equipment Grant Program established | ||||||
9 | by Section 2.7 of the State Fire Marshal Act. | ||||||
10 | (4.7) For grants awarded under the Fire Station
| ||||||
11 | Rehabilitation and Construction Grant Program established | ||||||
12 | by Section 2.8 of the State Fire Marshal Act. | ||||||
13 | (5) For any other purpose authorized by law.
| ||||||
14 | (c-5) As soon as possible after April 8, 2008 (the | ||||||
15 | effective date of Public Act 95-717), the Comptroller shall | ||||||
16 | order the transfer and the Treasurer shall transfer $2,000,000 | ||||||
17 | from the Fire Prevention Fund to the Fire Service and Small | ||||||
18 | Equipment Fund, $9,000,000 from the Fire Prevention Fund to | ||||||
19 | the Fire Truck Revolving Loan Fund, and $4,000,000 from the | ||||||
20 | Fire Prevention Fund to the Ambulance Revolving Loan Fund. | ||||||
21 | Beginning on July 1, 2008, each month, or as soon as practical | ||||||
22 | thereafter, an amount equal to $2 from each fine received | ||||||
23 | shall be transferred from the Fire Prevention Fund to the Fire | ||||||
24 | Service and Small Equipment Fund, an amount equal to $1.50 | ||||||
25 | from each fine received shall be transferred from the Fire | ||||||
26 | Prevention Fund to the Fire Truck Revolving Loan Fund, and an |
| |||||||
| |||||||
1 | amount equal to $4 from each fine received shall be | ||||||
2 | transferred from the Fire Prevention Fund to the Ambulance | ||||||
3 | Revolving Loan Fund. These moneys shall be transferred from | ||||||
4 | the moneys deposited into the Fire Prevention Fund pursuant to | ||||||
5 | Public Act 95-154, together with not more than 25% of any | ||||||
6 | unspent appropriations from the prior fiscal year. These | ||||||
7 | moneys may be allocated to the Fire Truck Revolving Loan Fund, | ||||||
8 | Ambulance Revolving Loan Fund, and Fire Service and Small | ||||||
9 | Equipment Fund at the discretion of the Office for the purpose | ||||||
10 | of implementation of this Act.
| ||||||
11 | (d) Any portion of the Fire Prevention Fund remaining | ||||||
12 | unexpended at the
end of any fiscal year which is not needed | ||||||
13 | for the maintenance and expenses of the
Office or the | ||||||
14 | maintenance and expenses of the
Illinois Fire Service | ||||||
15 | Institute shall remain in the Fire Prevention Fund for the | ||||||
16 | exclusive and restricted uses provided in subsections
(c) and | ||||||
17 | (c-5) of this Section.
| ||||||
18 | (e) The Office shall keep on file an itemized
statement of | ||||||
19 | all expenses incurred which are payable from the Fund, other
| ||||||
20 | than expenses incurred by the Illinois Fire Service Institute, | ||||||
21 | and shall
approve all vouchers issued therefor before they are | ||||||
22 | submitted to the State
Comptroller for payment. Such vouchers | ||||||
23 | shall be allowed and paid in the
same manner as other claims | ||||||
24 | against the State.
| ||||||
25 | (Source: P.A. 101-82, eff. 1-1-20; 102-558, eff. 8-20-21.)
|
| |||||||
| |||||||
1 | Section 5-150. The Open Space Lands Acquisition and | ||||||
2 | Development Act is amended by changing Section 3 as follows:
| ||||||
3 | (525 ILCS 35/3) (from Ch. 85, par. 2103)
| ||||||
4 | Sec. 3. From appropriations made from the Capital | ||||||
5 | Development Fund,
Build Illinois Bond Fund or other
available | ||||||
6 | or designated funds for such
purposes, the Department shall | ||||||
7 | make grants to local governments as
financial assistance for | ||||||
8 | the capital
development and improvement of park, recreation or | ||||||
9 | conservation
areas, marinas and shorelines, including planning | ||||||
10 | and engineering costs, and for the
acquisition of open space | ||||||
11 | lands, including
acquisition of easements and other property | ||||||
12 | interests less than fee simple
ownership if the Department | ||||||
13 | determines that such property
interests are sufficient to | ||||||
14 | carry out the purposes of this Act, subject to
the conditions | ||||||
15 | and limitations set forth in this Act.
| ||||||
16 | No more than 10% of the amount so appropriated for any | ||||||
17 | fiscal year may
be committed or expended on any one project | ||||||
18 | described in an application
under this Act.
| ||||||
19 | Except for grants awarded from new appropriations in | ||||||
20 | fiscal year 2023 and fiscal year 2024 , any grant under this Act | ||||||
21 | to a local government shall be conditioned upon
the state | ||||||
22 | providing assistance on a 50/50 matching basis for the | ||||||
23 | acquisition
of open space lands and for capital development
| ||||||
24 | and improvement proposals. However, a local government defined | ||||||
25 | as "distressed" under criteria adopted by the Department |
| |||||||
| |||||||
1 | through administrative rule shall be eligible for assistance | ||||||
2 | up to 90% for the acquisition
of open space lands and for | ||||||
3 | capital development
and improvement proposals, provided that | ||||||
4 | no more than 10% of the amount appropriated under this Act in | ||||||
5 | any fiscal year is made available as grants to distressed | ||||||
6 | local governments. For grants awarded from new appropriations | ||||||
7 | in fiscal year 2023 and fiscal year 2024 only, a local | ||||||
8 | government defined as "distressed" is eligible for assistance | ||||||
9 | up to 100% for the acquisition of open space lands and for | ||||||
10 | capital development and improvement proposals. The Department | ||||||
11 | may make more than 10% of the amount appropriated in fiscal | ||||||
12 | year 2023 and fiscal year 2024 available as grants to | ||||||
13 | distressed local governments.
| ||||||
14 | An advance payment of a minimum of 50% of any grant made to | ||||||
15 | a unit of local government under this Act must be paid to the | ||||||
16 | unit of local government at the time the Department awards the | ||||||
17 | grant. A unit of local government may opt out of the advanced | ||||||
18 | payment option at the time of the award of the grant. The | ||||||
19 | remainder of the grant shall be distributed to the local | ||||||
20 | government quarterly on a reimbursement basis. The Department | ||||||
21 | shall consider an applicant's request for an extension to a | ||||||
22 | grant under this Act if (i) the advanced payment is expended or | ||||||
23 | legally obligated within the 2 years required by Section 5 of | ||||||
24 | the Illinois Grant Funds Recovery Act or (ii) no advanced | ||||||
25 | payment was made. | ||||||
26 | (Source: P.A. 102-200, eff. 7-30-21; 102-699, eff. 4-19-22.)
|
| |||||||
| |||||||
1 | Section 5-153. The Illinois Highway Code is amended by | ||||||
2 | changing Section 6-901 as follows:
| ||||||
3 | (605 ILCS 5/6-901) (from Ch. 121, par. 6-901)
| ||||||
4 | Sec. 6-901.
Annually, the General Assembly shall | ||||||
5 | appropriate to the
Department of Transportation from the road | ||||||
6 | fund, the general revenue
fund, any other State funds or a | ||||||
7 | combination of those funds, $60,000,000 $15,000,000
for | ||||||
8 | apportionment to counties for the use of road districts for | ||||||
9 | the
construction of bridges 20 feet or more in length, as | ||||||
10 | provided in
Sections 6-902 through 6-905.
| ||||||
11 | The Department of Transportation shall apportion among the | ||||||
12 | several
counties of this State for the use of road districts | ||||||
13 | the amounts
appropriated under this Section. The amount | ||||||
14 | apportioned to a county
shall be in the proportion which the | ||||||
15 | total mileage of township or
district roads in the county | ||||||
16 | bears to the total mileage of all township
and district roads | ||||||
17 | in the State. Each county shall allocate to the
several road | ||||||
18 | districts in the county the funds so apportioned to the
| ||||||
19 | county. The allocation to road districts shall be made in the | ||||||
20 | same
manner and be subject to the same conditions and | ||||||
21 | qualifications as are
provided by Section 8 of the "Motor Fuel | ||||||
22 | Tax Law", approved March 25,
1929, as amended, with respect to | ||||||
23 | the allocation to road districts of
the amount allotted from | ||||||
24 | the Motor Fuel Tax Fund for apportionment to
counties for the |
| |||||||
| |||||||
1 | use of road districts, but no allocation shall be made
to any | ||||||
2 | road district that has not levied taxes for road and bridge
| ||||||
3 | purposes and for bridge construction purposes at the maximum | ||||||
4 | rates
permitted by Sections 6-501, 6-508 and 6-512 of this | ||||||
5 | Act, without
referendum. "Road district" and "township or | ||||||
6 | district road" have the
meanings ascribed to those terms in | ||||||
7 | this Act.
| ||||||
8 | Road districts in counties in which a property tax | ||||||
9 | extension limitation is
imposed under the Property Tax | ||||||
10 | Extension Limitation Law that are made
ineligible for receipt | ||||||
11 | of this appropriation due to the imposition of a
property tax | ||||||
12 | extension limitation may become eligible if, at the time the
| ||||||
13 | property tax extension limitation was imposed, the road | ||||||
14 | district was levying at
the required rate and continues to | ||||||
15 | levy the maximum allowable amount
after the imposition of the | ||||||
16 | property tax extension limitation. The road
district
also | ||||||
17 | becomes
eligible if it levies at or above the rate required for | ||||||
18 | eligibility by Section
8 of the
Motor Fuel Tax Law.
| ||||||
19 | The amounts apportioned under this Section for allocation | ||||||
20 | to road
districts may be used only for bridge construction as | ||||||
21 | provided in this
Division. So much of those amounts as are not | ||||||
22 | obligated under Sections
6-902 through 6-904 and for which | ||||||
23 | local funds have not been committed
under Section 6-905 within | ||||||
24 | 48 months of the date
when such apportionment is
made lapses | ||||||
25 | and shall not be paid to the county treasurer for
distribution | ||||||
26 | to road districts.
|
| |||||||
| |||||||
1 | (Source: P.A. 96-366, eff. 1-1-10.)
| ||||||
2 | Section 5-155. The Illinois Vehicle Code is amended by | ||||||
3 | changing Sections 3-626, 3-658, 3-667, and 3-692 as follows:
| ||||||
4 | (625 ILCS 5/3-626)
| ||||||
5 | Sec. 3-626. Korean War Veteran license plates.
| ||||||
6 | (a) In addition to any other special license plate, the | ||||||
7 | Secretary, upon
receipt of all applicable fees and | ||||||
8 | applications made in the form prescribed by
the Secretary of | ||||||
9 | State, may issue special registration plates designated as
| ||||||
10 | Korean War Veteran license plates to
residents of Illinois who | ||||||
11 | participated in the United States Armed Forces during
the | ||||||
12 | Korean War. The special plate issued under this Section shall | ||||||
13 | be affixed
only to passenger vehicles of the first division, | ||||||
14 | motorcycles,
motor vehicles of the second
division weighing | ||||||
15 | not more than 8,000 pounds, and recreational vehicles as
| ||||||
16 | defined by Section 1-169 of this Code. Plates issued under | ||||||
17 | this Section shall
expire according to the staggered | ||||||
18 | multi-year procedure established by Section
3-414.1 of this | ||||||
19 | Code.
| ||||||
20 | (b) The design, color, and format of the plates shall be | ||||||
21 | wholly
within the discretion of the Secretary of State. The | ||||||
22 | Secretary may, in his or
her discretion, allow the plates to be | ||||||
23 | issued as vanity plates or personalized
in accordance with | ||||||
24 | Section 3-405.1 of this Code. The plates are not required
to |
| |||||||
| |||||||
1 | designate "Land Of Lincoln", as prescribed in subsection (b) | ||||||
2 | of Section
3-412 of this Code. The Secretary shall prescribe | ||||||
3 | the eligibility requirements
and, in his or her discretion, | ||||||
4 | shall approve and prescribe stickers or decals
as provided | ||||||
5 | under Section 3-412.
| ||||||
6 | (c) (Blank).
| ||||||
7 | (d) The Korean War Memorial Construction Fund is created | ||||||
8 | as a special fund
in the State treasury. All moneys in the | ||||||
9 | Korean War Memorial Construction Fund
shall, subject to | ||||||
10 | appropriation, be used by the Department of Veterans' Affairs
| ||||||
11 | to provide grants for construction of the Korean War Memorial | ||||||
12 | to be located at
Oak Ridge Cemetery in Springfield, Illinois. | ||||||
13 | Upon the completion of the
Memorial, the Department of | ||||||
14 | Veterans' Affairs shall certify to the State
Treasurer that | ||||||
15 | the construction of the Memorial has been completed. At the | ||||||
16 | direction of and upon notification of the Secretary of State, | ||||||
17 | the State Comptroller shall direct and Upon the
certification | ||||||
18 | by the Department of Veterans' Affairs, the State Treasurer | ||||||
19 | shall
transfer all moneys in the Fund and any future deposits | ||||||
20 | into the Fund into the
Secretary of State Special License | ||||||
21 | Plate
Fund. Upon completion of the transfer, the Korean War | ||||||
22 | Memorial Construction Fund is dissolved.
| ||||||
23 | (e) An individual who has been issued Korean War Veteran | ||||||
24 | license plates
for a vehicle
and who has been approved for | ||||||
25 | benefits under the Senior Citizens and Persons with | ||||||
26 | Disabilities Property Tax Relief Act shall pay
the original |
| |||||||
| |||||||
1 | issuance and the regular annual fee for the registration of | ||||||
2 | the
vehicle as provided in Section 3-806.3 of this Code.
| ||||||
3 | (Source: P.A. 99-127, eff. 1-1-16; 99-143, eff. 7-27-15; | ||||||
4 | 99-642, eff. 7-28-16; 100-143, eff. 1-1-18 .)
| ||||||
5 | (625 ILCS 5/3-658)
| ||||||
6 | Sec. 3-658. Professional Sports Teams license plates.
| ||||||
7 | (a) The Secretary, upon receipt of an application made in | ||||||
8 | the form
prescribed by the Secretary, may issue special | ||||||
9 | registration plates designated
as Professional Sports Teams | ||||||
10 | license plates. The special plates issued under
this Section
| ||||||
11 | shall be affixed only to passenger vehicles of the first | ||||||
12 | division, motorcycles, and motor
vehicles of the second | ||||||
13 | division weighing not more than 8,000 pounds. Plates
issued | ||||||
14 | under this Section shall expire according to the multi-year | ||||||
15 | procedure
established by Section 3-414.1 of this Code.
| ||||||
16 | (b) The design and color of the plates is wholly within the | ||||||
17 | discretion of
the Secretary, except that the plates shall, | ||||||
18 | subject to the permission of the
applicable team owner, | ||||||
19 | display the logo of the Chicago Bears, the Chicago
Bulls, the | ||||||
20 | Chicago Blackhawks, the Chicago Cubs, the
Chicago White Sox, | ||||||
21 | the Chicago Sky, the Chicago Red Stars, the Chicago Fire, or | ||||||
22 | the St. Louis Cardinals, at the
applicant's option. The | ||||||
23 | Secretary may allow the plates to be issued as vanity
or | ||||||
24 | personalized plates under Section 3-405.1 of the Code. The | ||||||
25 | Secretary shall
prescribe stickers or decals as provided under |
| |||||||
| |||||||
1 | Section 3-412 of this Code.
| ||||||
2 | (c) An applicant for the special plate shall be charged a | ||||||
3 | $40 fee for
original issuance in addition to the appropriate | ||||||
4 | registration fee. Until July 1, 2023, of Of this
fee, $25 shall | ||||||
5 | be deposited into the Professional Sports Teams Education Fund
| ||||||
6 | and $15 shall be deposited into the Secretary of State Special | ||||||
7 | License Plate
Fund, to be used by the Secretary to help defray | ||||||
8 | the administrative processing
costs. Beginning July 1, 2023, | ||||||
9 | of this fee, $25 shall be deposited into the Common School Fund | ||||||
10 | and $15 shall be deposited into the Secretary of State Special | ||||||
11 | License Plate Fund, to be used by the Secretary to help defray | ||||||
12 | the administrative processing costs.
| ||||||
13 | For each registration renewal period, a $27 fee, in | ||||||
14 | addition to the
appropriate registration fee, shall be | ||||||
15 | charged. Until July 1, 2023, of Of this fee, $25 shall be
| ||||||
16 | deposited into the Professional Sports Teams Education Fund | ||||||
17 | and $2 shall be
deposited into the Secretary of State Special | ||||||
18 | License Plate Fund. Beginning July 1, 2023, of this fee, $25 | ||||||
19 | shall be deposited into the Common School Fund and $2 shall be | ||||||
20 | deposited into the Secretary of State Special License Plate | ||||||
21 | Fund.
| ||||||
22 | (d) The Professional Sports Teams Education Fund is | ||||||
23 | created as a special
fund in the State treasury. Until July 1, | ||||||
24 | 2023, the The Comptroller shall order transferred and the | ||||||
25 | Treasurer shall transfer all moneys in the Professional Sports | ||||||
26 | Teams Education Fund to the Common School Fund every 6 months.
|
| |||||||
| |||||||
1 | (e) On July 1, 2023, or as soon thereafter as practical, | ||||||
2 | the State Comptroller shall direct and the State Treasurer | ||||||
3 | shall transfer the remaining balance from the Professional | ||||||
4 | Sports Teams Education Fund into the Common School Fund. Upon | ||||||
5 | completion of the transfer, the Professional Sports Teams | ||||||
6 | Education Fund is dissolved, and any future deposits due to | ||||||
7 | that Fund and any outstanding obligations or liabilities of | ||||||
8 | that Fund shall pass to the Common School Fund. | ||||||
9 | (Source: P.A. 102-1099, eff. 1-1-23 .)
| ||||||
10 | (625 ILCS 5/3-667)
| ||||||
11 | Sec. 3-667. Korean Service license plates. | ||||||
12 | (a) In addition to any other special license plate, the | ||||||
13 | Secretary, upon
receipt of all applicable fees and | ||||||
14 | applications made in the form prescribed by
the Secretary of | ||||||
15 | State, may issue special registration plates designated as
| ||||||
16 | Korean Service license plates to
residents of Illinois who, on | ||||||
17 | or after July 27, 1954, participated in the United States | ||||||
18 | Armed Forces in Korea. The special plate issued under this | ||||||
19 | Section shall be affixed
only to passenger vehicles of the | ||||||
20 | first division, motorcycles,
motor vehicles of the second
| ||||||
21 | division weighing not more than 8,000 pounds, and recreational | ||||||
22 | vehicles as
defined by Section 1-169 of this Code. Plates | ||||||
23 | issued under this Section shall
expire according to the | ||||||
24 | staggered multi-year procedure established by Section
3-414.1 | ||||||
25 | of this Code. |
| |||||||
| |||||||
1 | (b) The design, color, and format of the plates shall be | ||||||
2 | wholly
within the discretion of the Secretary of State. The | ||||||
3 | Secretary may, in his or
her discretion, allow the plates to be | ||||||
4 | issued as vanity or personalized
plates in accordance with | ||||||
5 | Section 3-405.1 of this Code. The plates are not required
to | ||||||
6 | designate "Land of
Lincoln", as prescribed in subsection (b) | ||||||
7 | of Section
3-412 of this Code. The Secretary shall prescribe | ||||||
8 | the eligibility requirements
and, in his or her discretion, | ||||||
9 | shall approve and prescribe stickers or decals
as provided | ||||||
10 | under Section 3-412.
| ||||||
11 | (c) (Blank). An applicant shall be charged a $2 fee for | ||||||
12 | original issuance
in addition to the applicable registration | ||||||
13 | fee. This additional fee shall be deposited into the Korean | ||||||
14 | War Memorial Construction Fund a special fund in the State | ||||||
15 | treasury.
| ||||||
16 | (d) An individual who has been issued Korean Service | ||||||
17 | license plates
for a vehicle
and who has been approved for | ||||||
18 | benefits under the Senior Citizens and Persons with | ||||||
19 | Disabilities Property Tax Relief Act shall pay
the original | ||||||
20 | issuance and the regular annual fee for the registration of | ||||||
21 | the
vehicle as provided in Section 3-806.3 of this Code in | ||||||
22 | addition to the fees
specified in subsection (c) of this | ||||||
23 | Section.
| ||||||
24 | (Source: P.A. 99-143, eff. 7-27-15.)
| ||||||
25 | (625 ILCS 5/3-692)
|
| |||||||
| |||||||
1 | Sec. 3-692. Soil and Water Conservation District Plates. | ||||||
2 | (a) In addition to any other special license plate, the | ||||||
3 | Secretary, upon receipt of all applicable fees and | ||||||
4 | applications made in the form prescribed by the Secretary of | ||||||
5 | State, may issue Soil and Water Conservation District license | ||||||
6 | plates. The special Soil and Water Conservation District plate | ||||||
7 | issued under this Section shall be affixed only to passenger | ||||||
8 | vehicles of the first division and motor vehicles of the | ||||||
9 | second division weighing not more than 8,000 pounds. Plates | ||||||
10 | issued under this Section shall expire according to the | ||||||
11 | staggered multi-year procedure established by Section 3-414.1 | ||||||
12 | of this Code. | ||||||
13 | (b) The design, color, and format of the plates shall be | ||||||
14 | wholly within the discretion of the Secretary of State. | ||||||
15 | Appropriate documentation, as determined by the Secretary, | ||||||
16 | must accompany each application. The Secretary, in his or her | ||||||
17 | discretion, shall approve and prescribe stickers or decals as | ||||||
18 | provided under Section 3-412. | ||||||
19 | (c) An applicant for the special plate shall be charged a | ||||||
20 | $40 fee for original issuance in addition to the appropriate | ||||||
21 | registration fee. Of this fee, $25 shall be deposited into the | ||||||
22 | Soil and Water Conservation District Fund and $15 shall be | ||||||
23 | deposited into the Secretary of State Special License Plate | ||||||
24 | Fund, to be used by the Secretary to help defray the | ||||||
25 | administrative processing costs.
For each registration renewal | ||||||
26 | period, a $27 fee, in addition to the appropriate registration |
| |||||||
| |||||||
1 | fee, shall be charged. Of this fee, $25 shall be deposited into | ||||||
2 | the Soil and Water Conservation District Fund and $2 shall be | ||||||
3 | deposited into the Secretary of State Special License Plate | ||||||
4 | Fund. | ||||||
5 | (d) The Soil and Water Conservation District Fund is | ||||||
6 | created as a special fund in the State treasury. All money in | ||||||
7 | the Soil and Water Conservation District Fund shall be paid, | ||||||
8 | subject to appropriation by the General Assembly and | ||||||
9 | distribution by the Secretary, as grants to Illinois soil and | ||||||
10 | water conservation districts for projects that conserve and | ||||||
11 | restore soil and water in Illinois. All interest earned on | ||||||
12 | moneys in the Fund shall be deposited into the Fund. The Fund | ||||||
13 | shall not be subject to administrative charges or chargebacks, | ||||||
14 | such as but not limited to those authorized under Section 8h of | ||||||
15 | the State Finance Act.
| ||||||
16 | (e) Notwithstanding any other provision of law, on July 1, | ||||||
17 | 2023, or as soon thereafter as practical, the State | ||||||
18 | Comptroller shall direct and the State Treasurer shall | ||||||
19 | transfer the remaining balance from the Soil and Water | ||||||
20 | Conservation District Fund into the Partners for Conservation | ||||||
21 | Fund. Upon completion of the transfers, the Soil and Water | ||||||
22 | Conservation District Fund is dissolved, and any future | ||||||
23 | deposits due to that Fund and any outstanding obligations or | ||||||
24 | liabilities of that Fund shall pass to the Partners for | ||||||
25 | Conservation Fund. | ||||||
26 | (f) This Section is repealed on January 1, 2024. |
| |||||||
| |||||||
1 | (Source: P.A. 96-1377, eff. 1-1-11; 97-333, eff. 8-12-11; | ||||||
2 | 97-409, eff. 1-1-12.)
| ||||||
3 | Section 5-160. The Unified Code of Corrections is amended | ||||||
4 | by changing Sections 3-12-3a, 3-12-6, and 3-12-13 as follows:
| ||||||
5 | (730 ILCS 5/3-12-3a) (from Ch. 38, par. 1003-12-3a)
| ||||||
6 | Sec. 3-12-3a. Contracts, leases, and business agreements. | ||||||
7 | (a) The
Department shall promulgate such rules and | ||||||
8 | policies as it deems necessary to establish, manage, and | ||||||
9 | operate its Illinois Correctional Industries division
for the | ||||||
10 | purpose of utilizing committed persons in the
manufacture of | ||||||
11 | food stuffs, finished goods or wares. To the extent not | ||||||
12 | inconsistent with the function and role of the ICI, the | ||||||
13 | Department may enter into a contract, lease, or other type of | ||||||
14 | business agreement, not to exceed 20 years, with any private | ||||||
15 | corporation, partnership, person, or other business entity for | ||||||
16 | the purpose of utilizing committed persons in the provision of | ||||||
17 | services or for any other business or commercial enterprise | ||||||
18 | deemed by the Department to be consistent with proper training | ||||||
19 | and rehabilitation of committed persons.
| ||||||
20 | Beginning in In fiscal year years 2021 through 2023 , the | ||||||
21 | Department shall oversee the Illinois Correctional Industries | ||||||
22 | accounting processes and budget requests to the General | ||||||
23 | Assembly, other budgetary processes, audits by the Office of | ||||||
24 | the Auditor General, and computer processes. Beginning in For |
| |||||||
| |||||||
1 | fiscal year years 2021 through 2023 , the spending authority of | ||||||
2 | Illinois Correctional Industries shall no longer be separate | ||||||
3 | and apart from the Department's budget and appropriations, and | ||||||
4 | the Department shall control its accounting processes, | ||||||
5 | budgets, audits and computer processes in accordance with any | ||||||
6 | Department rules and policies. | ||||||
7 | (b) The Department shall be permitted to construct | ||||||
8 | buildings on State
property for the purposes identified in | ||||||
9 | subsection (a) and to lease for a
period not to exceed 20 years | ||||||
10 | any building or portion thereof on State
property for the | ||||||
11 | purposes identified in subsection (a).
| ||||||
12 | (c) Any contract or other business agreement referenced in
| ||||||
13 | subsection (a) shall include a provision requiring that all | ||||||
14 | committed
persons assigned receive in connection with their | ||||||
15 | assignment such
vocational training and/or apprenticeship | ||||||
16 | programs as the Department deems appropriate.
| ||||||
17 | (d) Committed persons assigned in accordance with this | ||||||
18 | Section shall be
compensated in accordance with the provisions | ||||||
19 | of Section 3-12-5.
| ||||||
20 | (Source: P.A. 101-636, eff. 6-10-20; 102-16, eff. 6-17-21; | ||||||
21 | 102-699, eff. 4-19-22.)
| ||||||
22 | (730 ILCS 5/3-12-6) (from Ch. 38, par. 1003-12-6)
| ||||||
23 | Sec. 3-12-6. Programs. Through its Illinois Correctional | ||||||
24 | Industries division, the Department may shall establish | ||||||
25 | commercial, business, and manufacturing programs for the |
| |||||||
| |||||||
1 | production sale of finished goods and processed food and | ||||||
2 | beverages to the State, its political units, agencies, and | ||||||
3 | other public institutions. Illinois Correctional Industries | ||||||
4 | may shall establish, operate, and maintain manufacturing and | ||||||
5 | food and beverage production in the Department facilities and | ||||||
6 | provide food for the Department institutions and for the | ||||||
7 | mental health and developmental disabilities institutions of | ||||||
8 | the Department of Human Services and the institutions of the | ||||||
9 | Department of Veterans' Affairs. | ||||||
10 | Illinois Correctional Industries shall be administered by | ||||||
11 | a chief executive officer. The chief executive officer shall | ||||||
12 | report to the Director of the Department or the Director's | ||||||
13 | designee. The chief executive officer shall administer the | ||||||
14 | commercial and business programs of ICI for inmate workers in | ||||||
15 | the custody of the Department of Corrections. | ||||||
16 | The chief executive officer shall have such assistants as | ||||||
17 | are required for programming sales staff , manufacturing, | ||||||
18 | budget, fiscal, accounting, computer, human services, and | ||||||
19 | personnel as necessary to run its commercial and business | ||||||
20 | programs. | ||||||
21 | Illinois Correctional Industries shall have a financial | ||||||
22 | officer who shall report to the chief executive officer. The | ||||||
23 | financial officer shall: (i) assist in the development and | ||||||
24 | presentation of the Department budget submission; (ii) manage | ||||||
25 | and control the spending authority of ICI; and (iii) provide | ||||||
26 | oversight of the financial activities of ICI, both internally |
| |||||||
| |||||||
1 | and through coordination with the Department fiscal operations | ||||||
2 | personnel, including accounting processes, budget submissions, | ||||||
3 | other budgetary processes, audits by the Office of the Auditor | ||||||
4 | General, and computer processes. For fiscal years 2021 through | ||||||
5 | 2023, the financial officer shall coordinate and cooperate | ||||||
6 | with the Department's chief financial officer to perform the | ||||||
7 | functions listed in this paragraph. | ||||||
8 | Illinois Correctional Industries shall be located in | ||||||
9 | Springfield. The chief executive officer of Illinois | ||||||
10 | Correctional Industries
shall assign personnel to teach
direct | ||||||
11 | the production of goods and shall employ committed persons
| ||||||
12 | assigned by the facility chief administrative officer. The | ||||||
13 | Department of Corrections may
direct such other vocational | ||||||
14 | programs as it deems necessary for the rehabilitation of | ||||||
15 | inmates, which shall be separate and apart from, and not in | ||||||
16 | conflict with, programs of Illinois Correctional Industries.
| ||||||
17 | (Source: P.A. 101-636, eff. 6-10-20; 102-16, eff. 6-17-21; | ||||||
18 | 102-699, eff. 4-19-22.)
| ||||||
19 | (730 ILCS 5/3-12-13) (from Ch. 38, par. 1003-12-13)
| ||||||
20 | Sec. 3-12-13. Sale of Property. Whenever a responsible | ||||||
21 | officer of the
Correctional Industries Division of the | ||||||
22 | Department seeks to dispose of property
pursuant to the " State | ||||||
23 | Property Control Act " , proceeds received by the Administrator
| ||||||
24 | under that Act from the sale of property under the control of | ||||||
25 | the Division
of Correctional Industries of the Department |
| |||||||
| |||||||
1 | shall be deposited into the General Revenue Fund
Working | ||||||
2 | Capital Revolving Fund of the Correction Industries Division | ||||||
3 | if
such property was originally purchased with funds | ||||||
4 | therefrom .
| ||||||
5 | (Source: P.A. 81-1507.)
| ||||||
6 | (730 ILCS 5/3-12-11 rep.)
| ||||||
7 | Section 5-165. The Unified Code of Corrections is amended | ||||||
8 | by repealing Section 3-12-11. | ||||||
9 | Section 5-167. The Illinois Crime Reduction Act of 2009 is | ||||||
10 | amended by changing Section 20 as follows: | ||||||
11 | (730 ILCS 190/20) | ||||||
12 | Sec. 20. Adult Redeploy Illinois.
| ||||||
13 | (a) Purpose. When offenders are accurately assessed for | ||||||
14 | risk, assets, and needs, it is possible to identify which | ||||||
15 | people should be sent to prison and which people can be | ||||||
16 | effectively supervised in the locality. By providing financial | ||||||
17 | incentives to counties or judicial circuits to create | ||||||
18 | effective local-level evidence-based services, it is possible | ||||||
19 | to reduce crime and recidivism at a lower cost to taxpayers. | ||||||
20 | Based on this model, this Act hereby creates the Adult | ||||||
21 | Redeploy Illinois program for probation-eligible offenders in | ||||||
22 | order to increase public safety and encourage the successful | ||||||
23 | local supervision of eligible offenders and their |
| |||||||
| |||||||
1 | reintegration into the locality. | ||||||
2 | (b) The Adult Redeploy Illinois program shall reallocate | ||||||
3 | State funds to local jurisdictions that successfully establish | ||||||
4 | a process to assess offenders and provide a continuum of | ||||||
5 | locally based sanctions and treatment alternatives for | ||||||
6 | offenders who would be incarcerated in a State facility if | ||||||
7 | those local services and sanctions did not exist. The | ||||||
8 | allotment of funds shall be based on a formula that rewards | ||||||
9 | local jurisdictions for the establishment or expansion of | ||||||
10 | local supervision programs and requires them to pay the amount | ||||||
11 | determined in subsection (e) if incarceration targets as | ||||||
12 | defined in subsection (e) are not met. | ||||||
13 | (c) Each county or circuit participating in the Adult | ||||||
14 | Redeploy Illinois program shall create a local plan describing | ||||||
15 | how it will protect public safety and reduce the county or | ||||||
16 | circuit's utilization of incarceration in State facilities or | ||||||
17 | local county jails by the creation or expansion of | ||||||
18 | individualized services or programs. | ||||||
19 | (d) Based on the local plan, a county or circuit shall | ||||||
20 | enter into an agreement with the Adult Redeploy Oversight | ||||||
21 | Board described in subsection (e) to reduce the number of | ||||||
22 | commitments of probation-eligible offenders to State | ||||||
23 | correctional facilities from that county or circuit. The | ||||||
24 | agreement shall include a pledge from the county or circuit to | ||||||
25 | reduce their commitments by 25% of the level of commitments | ||||||
26 | from the average number of commitments for the past 3 years of |
| |||||||
| |||||||
1 | eligible offenders. In return, the county or circuit shall | ||||||
2 | receive, based upon a formula described in subsection (e), | ||||||
3 | funds to redeploy for local programming for offenders who | ||||||
4 | would otherwise be incarcerated such as management and | ||||||
5 | supervision, electronic monitoring, and drug testing. The | ||||||
6 | county or circuit shall also be penalized, as described in | ||||||
7 | subsection (e), for failure to reach the goal of reduced | ||||||
8 | commitments stipulated in the agreement. | ||||||
9 | (d-5) Subject to appropriation to the Illinois Criminal | ||||||
10 | Justice Information Authority, the Adult Redeploy Illinois | ||||||
11 | Oversight Board described in subsection (e) may provide grant | ||||||
12 | funds to qualified organizations that can assist local | ||||||
13 | jurisdictions in training, development, and technical | ||||||
14 | assistance. | ||||||
15 | (e) Adult Redeploy Illinois Oversight Board; members; | ||||||
16 | responsibilities. | ||||||
17 | (1) The Secretary of Human Services and the Director | ||||||
18 | of Corrections shall within 3 months after January 1, 2010 | ||||||
19 | ( the effective date of Public Act 96-761) this Act convene | ||||||
20 | and act as co-chairs of an oversight board to oversee the | ||||||
21 | Adult Redeploy Program. The Board shall include, but not | ||||||
22 | be limited to, designees from the Prisoner Review Board, | ||||||
23 | Office of the Attorney General, Illinois Criminal Justice | ||||||
24 | Information Authority, and Sentencing Policy Advisory | ||||||
25 | Council; the Cook County State's Attorney or a designee ; a | ||||||
26 | State's Attorney selected by the President of the Illinois |
| |||||||
| |||||||
1 | State's Attorneys Association; the State Appellate | ||||||
2 | Defender or a designee ; the Cook County Public Defender or | ||||||
3 | a designee ; a representative of Cook County Adult | ||||||
4 | Probation, a representative of DuPage County Adult | ||||||
5 | Probation; a representative of Sangamon County Adult | ||||||
6 | Probation; and 4 representatives from non-governmental | ||||||
7 | organizations, including service providers. Members shall | ||||||
8 | serve without compensation but shall be reimbursed for | ||||||
9 | actual expenses incurred in the performance of their | ||||||
10 | duties. | ||||||
11 | (2) The Oversight Board shall within one year after | ||||||
12 | January 1, 2010 ( the effective date of Public Act 96-761) | ||||||
13 | this Act : | ||||||
14 | (A) Develop a process to solicit applications from | ||||||
15 | and identify jurisdictions to be included in the Adult | ||||||
16 | Redeploy Illinois program. | ||||||
17 | (B) Define categories of membership for local | ||||||
18 | entities to participate in the creation and oversight | ||||||
19 | of the local Adult Redeploy Illinois program. | ||||||
20 | (C) Develop a formula for the allotment of funds | ||||||
21 | to local jurisdictions for local and community-based | ||||||
22 | services in lieu of commitment to the Department of | ||||||
23 | Corrections and a penalty amount for failure to reach | ||||||
24 | the goal of reduced commitments stipulated in the | ||||||
25 | plans. | ||||||
26 | (D) Develop a standard format for the local plan |
| |||||||
| |||||||
1 | to be submitted by the local entity created in each | ||||||
2 | county or circuit. | ||||||
3 | (E) Identify and secure resources sufficient to | ||||||
4 | support the administration and evaluation of Adult | ||||||
5 | Redeploy Illinois. | ||||||
6 | (F) Develop a process to support ongoing | ||||||
7 | monitoring and evaluation of Adult Redeploy Illinois. | ||||||
8 | (G) Review local plans and proposed agreements and | ||||||
9 | approve the distribution of resources. | ||||||
10 | (H) Develop a performance measurement system that | ||||||
11 | includes but is not limited to the following key | ||||||
12 | performance indicators: recidivism, rate of | ||||||
13 | revocations, employment rates, education achievement, | ||||||
14 | successful completion of substance abuse treatment | ||||||
15 | programs, and payment of victim restitution. Each | ||||||
16 | county or circuit shall include the performance | ||||||
17 | measurement system in its local plan and provide data | ||||||
18 | annually to evaluate its success.
| ||||||
19 | (I) Report annually the results of the performance | ||||||
20 | measurements on a timely basis to the Governor and | ||||||
21 | General Assembly.
| ||||||
22 | (3) The Oversight Board shall: | ||||||
23 | (A) Develop a process to solicit grant
| ||||||
24 | applications from eligible training, development, and | ||||||
25 | technical assistance organizations. | ||||||
26 | (B) Review grant applications and proposed grant
|
| |||||||
| |||||||
1 | agreements and approve the distribution of resources. | ||||||
2 | (C) Develop a process to support ongoing
| ||||||
3 | monitoring of training, development, and technical | ||||||
4 | assistance grantees. | ||||||
5 | (Source: P.A. 100-999, eff. 1-1-19 .) | ||||||
6 | Section 5-170. The Revised Uniform Unclaimed Property Act | ||||||
7 | is amended by changing Section 15-801 as follows: | ||||||
8 | (765 ILCS 1026/15-801)
| ||||||
9 | Sec. 15-801. Deposit of funds by administrator. | ||||||
10 | (a) Except as otherwise provided in this Section, the | ||||||
11 | administrator shall deposit in the Unclaimed Property Trust | ||||||
12 | Fund all funds received under this Act, including proceeds | ||||||
13 | from the sale of property under Article 7. The administrator | ||||||
14 | may deposit any amount in the Unclaimed Property Trust Fund | ||||||
15 | into the State Pensions Fund during the fiscal year at his or | ||||||
16 | her discretion; however, he or she shall, on April 15 and | ||||||
17 | October 15 of each year, deposit any amount in the Unclaimed | ||||||
18 | Property Trust Fund exceeding $2,500,000 into the State | ||||||
19 | Pensions Fund. If on either April 15 or October 15, the | ||||||
20 | administrator determines that a balance of $2,500,000 is | ||||||
21 | insufficient for the prompt payment of unclaimed property | ||||||
22 | claims authorized under this Act, the administrator may retain | ||||||
23 | more than $2,500,000 in the Unclaimed Property Trust Fund in | ||||||
24 | order to ensure the prompt payment of claims. Beginning in |
| |||||||
| |||||||
1 | State fiscal year 2025 2024 , all amounts that are deposited | ||||||
2 | into the State Pensions Fund from the Unclaimed Property Trust | ||||||
3 | Fund shall be apportioned to the designated retirement systems | ||||||
4 | as provided in subsection (c-6) of Section 8.12 of the State | ||||||
5 | Finance Act to reduce their actuarial reserve deficiencies. | ||||||
6 | (b) The administrator shall make prompt payment of claims | ||||||
7 | he or she duly allows as provided for in this Act from the | ||||||
8 | Unclaimed Property Trust Fund. This shall constitute an | ||||||
9 | irrevocable and continuing appropriation of all amounts in the | ||||||
10 | Unclaimed Property Trust Fund necessary to make prompt payment | ||||||
11 | of claims duly allowed by the administrator pursuant to this | ||||||
12 | Act.
| ||||||
13 | (Source: P.A. 101-10, eff. 6-5-19; 101-636, eff. 6-10-20; | ||||||
14 | 102-16, eff. 6-17-21; 102-699, eff. 4-19-22.) | ||||||
15 | Section 5-175. The Line of Duty Compensation Act is | ||||||
16 | amended by changing Section 3 as follows:
| ||||||
17 | (820 ILCS 315/3)
(from Ch. 48, par. 283)
| ||||||
18 | Sec. 3. Duty death benefit. | ||||||
19 | (a) If a claim therefor is made within 2 years one
year of | ||||||
20 | the date of death of a law enforcement officer, civil
defense | ||||||
21 | worker, civil air patrol member, paramedic, fireman, chaplain, | ||||||
22 | or
State employee killed in the line of duty,
or if a claim | ||||||
23 | therefor is made within 2 years of the date of death of an | ||||||
24 | Armed Forces member killed in the line of duty, compensation |
| |||||||
| |||||||
1 | shall be paid to the person designated by the law
enforcement | ||||||
2 | officer, civil defense worker, civil air patrol member, | ||||||
3 | paramedic,
fireman, chaplain, State employee, or Armed Forces | ||||||
4 | member. However, if the Armed Forces member was killed in the | ||||||
5 | line of duty before
October 18, 2004, the
claim must be made | ||||||
6 | within one year of October 18, 2004. In addition, if a death | ||||||
7 | occurred after December 31, 2016 and before January 1, 2021, | ||||||
8 | the claim may be made no later than December 31, 2022 | ||||||
9 | notwithstanding any other deadline established under this Act | ||||||
10 | with respect to filing a claim for a duty death benefit.
| ||||||
11 | (b)
The amount of compensation, except for an Armed Forces | ||||||
12 | member, shall be $10,000 if the death in the
line of duty | ||||||
13 | occurred prior to January 1, 1974; $20,000 if
such death | ||||||
14 | occurred after December 31, 1973 and before July 1, 1983;
| ||||||
15 | $50,000 if such death occurred on or after July 1, 1983 and | ||||||
16 | before January 1,
1996; $100,000 if the death occurred on or | ||||||
17 | after January 1, 1996 and
before May 18, 2001; $118,000 if the | ||||||
18 | death occurred on or after May
18, 2001 and before July 1, | ||||||
19 | 2002; and $259,038 if the death occurred on or after July 1, | ||||||
20 | 2002 and before January
1, 2003. For an Armed Forces member | ||||||
21 | killed in the line of duty (i) at any time before January 1, | ||||||
22 | 2005, the compensation is $259,038 plus amounts equal to the | ||||||
23 | increases for 2003 and 2004 determined under subsection (c) | ||||||
24 | and (ii) on or after January 1, 2005, the compensation is the | ||||||
25 | amount determined under item (i) plus the applicable increases | ||||||
26 | for 2005 and thereafter determined under subsection (c).
|
| |||||||
| |||||||
1 | (c) Except as provided in subsection (b), for deaths | ||||||
2 | occurring on or after January 1, 2003, the death
compensation | ||||||
3 | rate for death in the line of duty occurring in a particular
| ||||||
4 | calendar year shall be the death compensation rate for death | ||||||
5 | occurring in the
previous calendar year (or in the case of | ||||||
6 | deaths occurring in 2003, the rate
in effect on December 31, | ||||||
7 | 2002) increased by a percentage thereof equal to
the | ||||||
8 | percentage increase, if any, in the index known as the | ||||||
9 | Consumer Price
Index for All Urban Consumers: U.S. city | ||||||
10 | average, unadjusted, for all items,
as published by the United | ||||||
11 | States Department of Labor, Bureau of Labor
Statistics, for | ||||||
12 | the 12 months ending with the month of June of that previous
| ||||||
13 | calendar year.
| ||||||
14 | (d) If no beneficiary is designated or if no designated | ||||||
15 | beneficiary survives at the death of the law
enforcement | ||||||
16 | officer, civil defense worker, civil air patrol member,
| ||||||
17 | paramedic, fireman, chaplain, or State employee
killed in the | ||||||
18 | line of
duty, the compensation shall be paid in accordance | ||||||
19 | with a legally binding will left by the law
enforcement | ||||||
20 | officer, civil defense worker, civil air patrol member,
| ||||||
21 | paramedic, fireman, chaplain, or State employee. If the law
| ||||||
22 | enforcement officer, civil defense worker, civil air patrol | ||||||
23 | member,
paramedic, fireman, chaplain, or State employee did | ||||||
24 | not leave a legally binding will, the compensation shall be | ||||||
25 | paid as follows:
| ||||||
26 | (1) when there is a surviving spouse, the entire sum |
| |||||||
| |||||||
1 | shall be paid to
the spouse;
| ||||||
2 | (2) when there is no surviving spouse, but a surviving | ||||||
3 | descendant of the
decedent, the entire sum shall be paid | ||||||
4 | to the decedent's descendants per
stirpes;
| ||||||
5 | (3) when there is neither a surviving spouse nor a | ||||||
6 | surviving descendant,
the entire sum shall be paid to the | ||||||
7 | parents of the decedent in equal parts,
allowing to the | ||||||
8 | surviving parent, if one is dead, the entire sum; and
| ||||||
9 | (4) when there is no surviving spouse, descendant or | ||||||
10 | parent of the
decedent, but there are surviving brothers | ||||||
11 | or sisters, or descendants of a
brother or sister, who | ||||||
12 | were receiving their principal support from the
decedent | ||||||
13 | at his death, the entire sum shall be paid, in equal parts, | ||||||
14 | to the
dependent brothers or sisters or dependent | ||||||
15 | descendant of a brother or
sister. Dependency shall be | ||||||
16 | determined by the Court of Claims based upon
the | ||||||
17 | investigation and report of the Attorney General.
| ||||||
18 | The changes made to this subsection (d) by this amendatory Act | ||||||
19 | of the 94th General Assembly apply to any pending case as long | ||||||
20 | as compensation has not been paid to any party before the | ||||||
21 | effective date of this amendatory Act of the 94th General | ||||||
22 | Assembly.
| ||||||
23 | (d-1) For purposes of subsection (d), in the case of a | ||||||
24 | person killed in the line of duty who was born out of wedlock | ||||||
25 | and was not an adoptive child at the time of the person's | ||||||
26 | death, a person shall be deemed to be a parent of the person |
| |||||||
| |||||||
1 | killed in the line of duty only if that person would be an | ||||||
2 | eligible parent, as defined in Section 2-2 of the Probate Act | ||||||
3 | of 1975, of the person killed in the line of duty. This | ||||||
4 | subsection (d-1) applies to any pending claim if compensation | ||||||
5 | was not paid to the claimant of the pending claim before the | ||||||
6 | effective date of this amendatory Act of the 94th General | ||||||
7 | Assembly.
| ||||||
8 | (d-2) If no beneficiary is designated or if no designated | ||||||
9 | beneficiary survives at the death of the Armed Forces member | ||||||
10 | killed in the line of duty, the compensation shall be paid in | ||||||
11 | entirety according to the designation made on the most recent | ||||||
12 | version of the Armed Forces member's Servicemembers' Group | ||||||
13 | Life Insurance Election and Certificate ("SGLI"). | ||||||
14 | If no SGLI form exists at the time of the Armed Forces | ||||||
15 | member's death, the compensation shall be paid in accordance | ||||||
16 | with a legally binding will left by the Armed Forces member. | ||||||
17 | If no SGLI form exists for the Armed Forces member and the | ||||||
18 | Armed Forces member did not leave a legally binding will, the | ||||||
19 | compensation shall be paid to the persons and in the priority | ||||||
20 | as set forth in paragraphs (1) through (4) of subsection (d) of | ||||||
21 | this Section. | ||||||
22 | This subsection (d-2) applies to any pending case as long | ||||||
23 | as compensation has not been paid to any party before the | ||||||
24 | effective date of this amendatory Act of the 94th General | ||||||
25 | Assembly.
| ||||||
26 | (e) If there is no beneficiary designated or if no |
| |||||||
| |||||||
1 | designated beneficiary survives at the death of the
law | ||||||
2 | enforcement officer, civil defense worker, civil air patrol | ||||||
3 | member,
paramedic, fireman, chaplain, State employee, or Armed | ||||||
4 | Forces member
killed in the line of duty
and there is no other | ||||||
5 | person or entity to whom compensation is payable under this | ||||||
6 | Section, no compensation shall be payable
under this Act.
| ||||||
7 | (f) No part of such compensation may be paid to any other | ||||||
8 | person for any
efforts in securing such compensation.
| ||||||
9 | (g) This amendatory Act of the 93rd General Assembly | ||||||
10 | applies to claims made on or after October 18, 2004 with | ||||||
11 | respect to an Armed Forces member killed in the line of duty.
| ||||||
12 | (h) In any case for which benefits have not been paid | ||||||
13 | within 6 months of the claim being filed in accordance with | ||||||
14 | this Section, which is pending as of the effective date of this | ||||||
15 | amendatory Act of the 96th General Assembly, and in which | ||||||
16 | there are 2 or more beneficiaries, at least one of whom would | ||||||
17 | receive at least a portion of the total benefit regardless of | ||||||
18 | the manner in which the Court of Claims resolves the claim, the | ||||||
19 | Court shall direct the Comptroller to pay the minimum amount | ||||||
20 | of money which the determinate beneficiary would receive | ||||||
21 | together with all interest payment penalties which have | ||||||
22 | accrued on that portion of the award being paid within 30 days | ||||||
23 | of the effective date of this amendatory Act of the 96th | ||||||
24 | General Assembly. For purposes of this subsection (h), | ||||||
25 | "determinate beneficiary" means the beneficiary who would | ||||||
26 | receive any portion of the total benefit claimed regardless of |
| |||||||
| |||||||
1 | the manner in which the Court of Claims adjudicates the claim. | ||||||
2 | (i) The Court of Claims shall ensure that all individuals | ||||||
3 | who have filed an application to claim the duty death benefit | ||||||
4 | for a deceased member of the Armed Forces pursuant to this | ||||||
5 | Section or for a fireman pursuant to this Section, or their | ||||||
6 | designated representative, shall have access, on a timely | ||||||
7 | basis and in an efficient manner, to all information related | ||||||
8 | to the court's consideration, processing, or adjudication of | ||||||
9 | the claim, including, but not limited to, the following: | ||||||
10 | (1) a reliable estimate of when the Court of Claims | ||||||
11 | will adjudicate the claim, or if the Court cannot estimate | ||||||
12 | when it will adjudicate the claim, a full written | ||||||
13 | explanation of the reasons for this inability; and | ||||||
14 | (2) a reliable estimate, based upon consultation with | ||||||
15 | the Comptroller, of when the benefit will be paid to the | ||||||
16 | claimant. | ||||||
17 | (j) The Court of Claims shall send written notice to all | ||||||
18 | claimants within 2 weeks of the initiation of a claim | ||||||
19 | indicating whether or not the application is complete. For | ||||||
20 | purposes of this subsection (j), an application is complete if | ||||||
21 | a claimant has submitted to the Court of Claims all documents | ||||||
22 | and information the Court requires for adjudicating and paying | ||||||
23 | the benefit amount. For purposes of this subsection (j), a | ||||||
24 | claim for the duty death benefit is initiated when a claimant | ||||||
25 | submits any of the application materials required for | ||||||
26 | adjudicating the claim to the Court of Claims. In the event a |
| |||||||
| |||||||
1 | claimant's application is incomplete, the Court shall include | ||||||
2 | in its written notice a list of the information or documents | ||||||
3 | which the claimant must submit in order for the application to | ||||||
4 | be complete.
In no case may the Court of Claims deny a claim | ||||||
5 | and subsequently re-adjudicate the same claim for the purpose | ||||||
6 | of evading or reducing the interest penalty payment amount | ||||||
7 | payable to any claimant. | ||||||
8 | (Source: P.A. 102-215, eff. 7-30-21.)
| ||||||
9 | ARTICLE 10. | ||||||
10 | Section 10-2. The Department of Human Services Act is | ||||||
11 | amended by adding Section 80-45 as follows: | ||||||
12 | (20 ILCS 1305/80-45 new) | ||||||
13 | Sec. 80-45. Funding Agent and Administration. | ||||||
14 | (a) The Department shall act as funding agent under the | ||||||
15 | terms of the Illinois Affordable Housing Act and shall | ||||||
16 | administer other appropriations for the use of the Illinois | ||||||
17 | Housing Development Authority. | ||||||
18 | (b) The Department may enter into contracts, | ||||||
19 | intergovernmental agreements, grants, cooperative agreements, | ||||||
20 | memoranda of understanding, or other instruments with any | ||||||
21 | federal, State, or local government agency as necessary to | ||||||
22 | fulfill its role as funding agent in compliance with State and | ||||||
23 | federal law. The Department and the Department of Revenue |
| |||||||
| |||||||
1 | shall coordinate, in consultation with the Illinois Housing | ||||||
2 | Development Authority, the transition of the funding agent | ||||||
3 | role, including the transfer of any and all books, records, or | ||||||
4 | documents, in whatever form stored, necessary to the | ||||||
5 | Department's execution of the duties of the funding agent, and | ||||||
6 | the Department may submit to the Governor's Office of | ||||||
7 | Management and Budget requests for exception pursuant to | ||||||
8 | Section 55 of the Grant Accountability and Transparency Act. | ||||||
9 | Notwithstanding Section 5 of the Grant Funds Recovery Act, for | ||||||
10 | State fiscal years 2023 and 2024 only, in order to accomplish | ||||||
11 | the transition of the funding agent role to the Department, | ||||||
12 | grant funds may be made available for expenditure by a grantee | ||||||
13 | for a period of 3 years from the date the funds were | ||||||
14 | distributed by the State. | ||||||
15 | Section 10-3. The State Finance Act is amended by changing | ||||||
16 | Section 6z-20.1 as follows: | ||||||
17 | (30 ILCS 105/6z-20.1) | ||||||
18 | Sec. 6z-20.1. The State Aviation Program Fund and the | ||||||
19 | Sound-Reducing Windows and Doors Replacement Fund. | ||||||
20 | (a) The State Aviation Program Fund is created in the | ||||||
21 | State Treasury. Moneys in the Fund shall be used by the | ||||||
22 | Department of Transportation for the purposes of administering | ||||||
23 | a State Aviation Program. Subject to appropriation, the moneys | ||||||
24 | shall be used for the purpose of distributing grants to units |
| |||||||
| |||||||
1 | of local government to be used for airport-related purposes. | ||||||
2 | Grants to units of local government from the Fund shall be | ||||||
3 | distributed proportionately based on equal part enplanements, | ||||||
4 | total cargo, and airport operations. With regard to | ||||||
5 | enplanements that occur within a municipality with a | ||||||
6 | population of over 500,000, grants shall be distributed only | ||||||
7 | to the municipality. | ||||||
8 | (b) For grants to a unit of government other than a | ||||||
9 | municipality with a population of more than 500,000, | ||||||
10 | "airport-related purposes" means the capital or operating | ||||||
11 | costs of: (1) an airport; (2) a local airport system; or (3) | ||||||
12 | any other local facility that is owned or operated by the | ||||||
13 | person or entity that owns or operates the airport that is | ||||||
14 | directly and substantially related to the air transportation | ||||||
15 | of passengers or property as provided in 49 U.S.C. 47133, | ||||||
16 | including (i) the replacement of sound-reducing windows and | ||||||
17 | doors installed under the Residential Sound Insulation Program | ||||||
18 | and (ii) in-home air quality monitoring testing in residences | ||||||
19 | in which windows or doors were installed under the Residential | ||||||
20 | Sound Insulation Program. | ||||||
21 | (c) For grants to a municipality with a population of more | ||||||
22 | than 500,000, "airport-related purposes" means the capital | ||||||
23 | costs of: (1) an airport; (2) a local airport system; or (3) | ||||||
24 | any other local facility that (i) is owned or operated by a | ||||||
25 | person or entity that owns or operates an airport and (ii) is | ||||||
26 | directly and substantially related to the air transportation |
| |||||||
| |||||||
1 | of passengers or property, as provided in 49 U.S.C. 47133. For | ||||||
2 | grants to a municipality with a population of more than | ||||||
3 | 500,000, "airport-related purposes" also means costs, | ||||||
4 | including administrative costs, associated with the | ||||||
5 | replacement of sound-reducing windows and doors installed | ||||||
6 | under the Residential Sound Insulation Program. | ||||||
7 | (d) In each State fiscal year, $9,500,000 the first | ||||||
8 | $7,500,000 attributable to a municipality with a population of | ||||||
9 | more than 500,000, as provided in subsection (a) of this | ||||||
10 | Section, shall be transferred to the Sound-Reducing Windows | ||||||
11 | and Doors Replacement Fund, a special fund created in the | ||||||
12 | State Treasury. Subject to appropriation, the moneys in the | ||||||
13 | Fund shall be used solely for costs, including administrative | ||||||
14 | costs, associated with the mechanical repairs and the | ||||||
15 | replacement of sound-reducing windows and doors installed | ||||||
16 | under the Residential Sound Insulation Program. Any amounts | ||||||
17 | attributable to a municipality with a population of more than | ||||||
18 | 500,000 in excess of $7,500,000 in each State fiscal year | ||||||
19 | shall be distributed among the airports in that municipality | ||||||
20 | based on the same formula as prescribed in subsection (a) to be | ||||||
21 | used for airport-related purposes.
| ||||||
22 | (Source: P.A. 101-10, eff. 6-5-19; 101-636, eff. 6-10-20.) | ||||||
23 | Section 10-4. The Illinois Grant Funds Recovery Act is | ||||||
24 | amended by changing Section 5 as follows:
|
| |||||||
| |||||||
1 | (30 ILCS 705/5) (from Ch. 127, par. 2305)
| ||||||
2 | Sec. 5. Time limit on expenditure of grant funds. Subject | ||||||
3 | to the restriction
of Section 35 of the State Finance Act, no | ||||||
4 | grant funds may be made available for expenditure by
a grantee | ||||||
5 | for a period longer than 2 years, except where such grant funds
| ||||||
6 | are disbursed in reimbursement of costs previously incurred by | ||||||
7 | the grantee and except as otherwise provided in subsection (d) | ||||||
8 | of Section 5-200 of the School Construction Law and in | ||||||
9 | subsection (b) of Section 80-45 of the Department of Human | ||||||
10 | Services Act .
Any grant funds not expended or legally | ||||||
11 | obligated by the end of the grant
agreement, or during the time | ||||||
12 | limitation to grant fund expenditures set
forth in this | ||||||
13 | Section, must be returned to the grantor agency within 45
| ||||||
14 | days, if the funds are not already on deposit with the grantor | ||||||
15 | agency or
the State Treasurer. Such returned funds shall be | ||||||
16 | deposited into the fund
from which the original
grant | ||||||
17 | disbursement to the grantee was made.
| ||||||
18 | (Source: P.A. 99-606, eff. 7-22-16.)
| ||||||
19 | Section 10-5. The Illinois Public Aid Code is amended by | ||||||
20 | changing Sections 12-4.7 and 12-10.10 as follows:
| ||||||
21 | (305 ILCS 5/12-4.7) (from Ch. 23, par. 12-4.7)
| ||||||
22 | Sec. 12-4.7. Co-operation with other agencies. Make use | ||||||
23 | of, aid and
co-operate with State and local governmental | ||||||
24 | agencies, and co-operate with and
assist other governmental |
| |||||||
| |||||||
1 | and private agencies and organizations engaged in
welfare | ||||||
2 | functions.
| ||||||
3 | This grant of authority includes the powers necessary for | ||||||
4 | the Department of Healthcare and Family Services to administer | ||||||
5 | the Illinois Health and Human Services Innovation Incubator | ||||||
6 | (HHSi2) project. The Department of Healthcare and Family | ||||||
7 | Services shall cochair with the Governor's Office of | ||||||
8 | Management and Budget an Executive Steering Committee of | ||||||
9 | partner State agencies to coordinate the HHSi2 project. The | ||||||
10 | powers and duties of the Executive Steering Committee shall be | ||||||
11 | established by intergovernmental agreement. In addition, the | ||||||
12 | Department of Healthcare and Family Services is authorized, | ||||||
13 | without limitation, to enter into agreements with federal | ||||||
14 | agencies, to create and implement the HHSi2 Shared | ||||||
15 | Interoperability Platform, and to create all Implementation | ||||||
16 | Advance Planning documents for the HHSi2 project. | ||||||
17 | (Source: P.A. 92-111, eff. 1-1-02.)
| ||||||
18 | (305 ILCS 5/12-10.10) | ||||||
19 | Sec. 12-10.10. HFS DHS Technology Initiative Fund. | ||||||
20 | (a) The HFS DHS Technology Initiative Fund is hereby | ||||||
21 | created as a trust fund within the State treasury with the | ||||||
22 | State Treasurer as the ex-officio custodian of the Fund. | ||||||
23 | (b) The Department of Healthcare and Family Human Services | ||||||
24 | may accept and receive grants, awards, gifts, and bequests , or | ||||||
25 | other moneys from any source, public or private, in support of |
| |||||||
| |||||||
1 | information technology initiatives. Those moneys Moneys | ||||||
2 | received in support of information technology initiatives, and | ||||||
3 | any interest earned thereon, shall be deposited into the HFS | ||||||
4 | DHS Technology Initiative Fund. | ||||||
5 | (c) Moneys in the Fund may be used by the Department of | ||||||
6 | Healthcare and Family Human Services for the purpose of making | ||||||
7 | grants associated with the development and implementation of | ||||||
8 | information technology projects or paying for operational | ||||||
9 | expenses of the Department of Healthcare and Family Human | ||||||
10 | Services related to such projects. The Department of | ||||||
11 | Healthcare and Family Services may use moneys in the Fund to | ||||||
12 | pay for administrative, operational, and project expenses of | ||||||
13 | the Illinois Health and Human Services Innovation Incubator | ||||||
14 | (HHSi2) project. Notwithstanding any provision of law to the | ||||||
15 | contrary, the Department of Human Services shall have the | ||||||
16 | authority to satisfy all Fiscal Year 2023 outstanding | ||||||
17 | expenditure obligations or liabilities payable from the Fund | ||||||
18 | pursuant to Section 25 of the State Finance Act. | ||||||
19 | (d) The Department of Healthcare and Family Human | ||||||
20 | Services, in consultation with the Department of Innovation | ||||||
21 | and Technology, shall use the funds deposited into in the HFS | ||||||
22 | DHS Technology Initiative Fund to pay for information | ||||||
23 | technology solutions either provided by Department of | ||||||
24 | Innovation and Technology or arranged or coordinated by the | ||||||
25 | Department of Innovation and Technology.
| ||||||
26 | (Source: P.A. 100-611, eff. 7-20-18; 101-275, eff. 8-9-19.) |
| |||||||
| |||||||
1 | Section 10-10. The Illinois Affordable Housing Act is | ||||||
2 | amended by changing Sections 3 and 5 as follows:
| ||||||
3 | (310 ILCS 65/3) (from Ch. 67 1/2, par. 1253)
| ||||||
4 | Sec. 3. Definitions. As used in this Act:
| ||||||
5 | (a) "Program" means the Illinois Affordable Housing | ||||||
6 | Program.
| ||||||
7 | (b) "Trust Fund" means the Illinois Affordable Housing | ||||||
8 | Trust Fund.
| ||||||
9 | (b-5) "Capital Fund" means the Illinois Affordable Housing | ||||||
10 | Capital Fund.
| ||||||
11 | (c) "Low-income household" means a single person, family | ||||||
12 | or unrelated
persons living together whose adjusted income is | ||||||
13 | more than 50%, but less than
80%, of the median income of the | ||||||
14 | area of residence, adjusted for family
size, as such adjusted | ||||||
15 | income and median income for the area are determined
from time | ||||||
16 | to time by the United States Department of Housing and Urban
| ||||||
17 | Development for purposes of Section 8 of the United States | ||||||
18 | Housing Act of 1937.
| ||||||
19 | (d) "Very low-income household" means a single person, | ||||||
20 | family or
unrelated persons living together whose adjusted | ||||||
21 | income is not more than
50% of the median income of the area of | ||||||
22 | residence, adjusted for family
size, as such adjusted income | ||||||
23 | and median income for the area are determined
from time to time | ||||||
24 | by the United States Department of Housing and Urban
|
| |||||||
| |||||||
1 | Development for purposes of Section 8 of the United States | ||||||
2 | Housing Act of 1937.
| ||||||
3 | (e) "Affordable housing" means residential housing that, | ||||||
4 | so long as the
same is occupied by low-income households or | ||||||
5 | very low-income households,
requires payment of monthly | ||||||
6 | housing costs, including utilities other than
telephone, of no | ||||||
7 | more than 30% of the maximum allowable income as stated
for | ||||||
8 | such households as defined in this Section.
| ||||||
9 | (f) "Multi-family housing" means a building or buildings | ||||||
10 | providing
housing to 5 or more households.
| ||||||
11 | (g) "Single-family housing" means a building containing | ||||||
12 | one to 4
dwelling units, including a mobile home as defined in | ||||||
13 | subsection (b) of
Section 3 of the Mobile Home Landlord and | ||||||
14 | Tenant Rights Act, as
amended.
| ||||||
15 | (h) "Community-based organization" means a not-for-profit | ||||||
16 | entity whose
governing body includes a majority of members who | ||||||
17 | reside in the community
served by the organization.
| ||||||
18 | (i) "Advocacy organization" means a not-for-profit | ||||||
19 | organization which
conducts, in part or in whole, activities | ||||||
20 | to influence public policy on
behalf of low-income or very | ||||||
21 | low-income households.
| ||||||
22 | (j) "Program Administrator" means the Illinois Housing | ||||||
23 | Development
Authority.
| ||||||
24 | (k) "Funding Agent" means the Illinois Department of Human | ||||||
25 | Services Revenue .
| ||||||
26 | (l) "Commission" means the Affordable Housing Advisory |
| |||||||
| |||||||
1 | Commission.
| ||||||
2 | (m) "Congregate housing" means a building or structure in | ||||||
3 | which 2 or
more households, inclusive, share common living | ||||||
4 | areas and may share child
care, cleaning, cooking and other | ||||||
5 | household responsibilities.
| ||||||
6 | (n) "Eligible applicant" means a proprietorship, | ||||||
7 | partnership, for-profit
corporation, not-for-profit | ||||||
8 | corporation or unit of local government which
seeks to use | ||||||
9 | fund assets as provided in this Article.
| ||||||
10 | (o) "Moderate income household" means a single person, | ||||||
11 | family or
unrelated persons living together whose adjusted | ||||||
12 | income is more than 80%
but less than 120% of the median income | ||||||
13 | of the area of residence, adjusted
for family size, as such | ||||||
14 | adjusted income and median income for the area are
determined | ||||||
15 | from time to time by the United States Department of Housing | ||||||
16 | and
Urban Development for purposes of Section 8 of the United | ||||||
17 | States Housing
Act of 1937.
| ||||||
18 | (p) "Affordable Housing Program Trust Fund Bonds or Notes" | ||||||
19 | means the bonds
or notes issued by the Program Administrator | ||||||
20 | under the Illinois Housing
Development Act to further the | ||||||
21 | purposes of this Act.
| ||||||
22 | (q) "Trust Fund Moneys" means all moneys, deposits, | ||||||
23 | revenues, income,
interest, dividends, receipts, taxes, | ||||||
24 | proceeds and other amounts or funds
deposited or to be | ||||||
25 | deposited into in the Trust Fund pursuant to Section 5(b) of | ||||||
26 | this
Act and any proceeds, investments or increase thereof.
|
| |||||||
| |||||||
1 | (r) "Program Escrow" means accounts, except those accounts | ||||||
2 | relating to any
Affordable Housing Program Trust Fund Bonds or | ||||||
3 | Notes, designated by the Program
Administrator, into which | ||||||
4 | Trust Fund Moneys are deposited.
| ||||||
5 | (s) "Common household pet" means a domesticated animal, | ||||||
6 | such as a dog (canis lupus familiaris) or cat (felis catus), | ||||||
7 | which is commonly kept in the home for pleasure rather than for | ||||||
8 | commercial purposes. | ||||||
9 | (Source: P.A. 102-283, eff. 1-1-22 .)
| ||||||
10 | (310 ILCS 65/5) (from Ch. 67 1/2, par. 1255)
| ||||||
11 | Sec. 5. Illinois Affordable Housing Trust Fund.
| ||||||
12 | (a) There is hereby
created the Illinois Affordable | ||||||
13 | Housing Trust Fund, hereafter referred to
in this Act as the | ||||||
14 | "Trust Fund" to be held as a separate fund within the
State | ||||||
15 | Treasury and to be administered by the Program Administrator. | ||||||
16 | The
purpose of the Trust Fund is to finance projects of the | ||||||
17 | Illinois Affordable
Housing Program as authorized and approved | ||||||
18 | by the Program Administrator.
The Funding Agent shall | ||||||
19 | establish, within the Trust Fund, a General Account,
a Bond | ||||||
20 | Account, a Commitment Account and a Development Credits
| ||||||
21 | Account.
The Funding Agent shall authorize distribution of | ||||||
22 | Trust Fund moneys to the
Program Administrator or a payee | ||||||
23 | designated by the Program Administrator for
purposes | ||||||
24 | authorized by this Act. After
receipt of the Trust Fund moneys | ||||||
25 | by the Program Administrator or designated
payee, the Program |
| |||||||
| |||||||
1 | Administrator shall ensure that all those
moneys are expended | ||||||
2 | for a public purpose and only as authorized by this Act.
| ||||||
3 | (b) Except as otherwise provided in Section 8(c) of this | ||||||
4 | Act, there
shall be deposited in the Trust Fund such amounts as | ||||||
5 | may become available
under the provisions of this Act, | ||||||
6 | including,
but not limited to:
| ||||||
7 | (1) all receipts, including dividends, principal and | ||||||
8 | interest
repayments attributable to any loans or | ||||||
9 | agreements
funded from the Trust Fund;
| ||||||
10 | (2) all proceeds of assets of whatever nature received | ||||||
11 | by the
Program Administrator, and attributable to default | ||||||
12 | with
respect to loans or
agreements funded from the Trust | ||||||
13 | Fund;
| ||||||
14 | (3) any appropriations, grants or gifts of funds or | ||||||
15 | property, or financial
or other aid from any federal or | ||||||
16 | State agency or
body, local government or any other public | ||||||
17 | organization or private individual
made to the Trust Fund;
| ||||||
18 | (4) any income received as a result of the investment | ||||||
19 | of moneys in
the Trust Fund;
| ||||||
20 | (5) all fees or charges collected by the Program | ||||||
21 | Administrator or
Funding Agent pursuant to this Act;
| ||||||
22 | (6) amounts as provided in Section 31-35 of the Real | ||||||
23 | Estate Transfer Tax Law an amount equal to one half of all | ||||||
24 | proceeds collected by the
Funding Agent pursuant to | ||||||
25 | Section 3 of the Real Estate Transfer Tax
Act, as amended ;
| ||||||
26 | (7) other funds as appropriated by the General |
| |||||||
| |||||||
1 | Assembly; and
| ||||||
2 | (8) any income, less costs and fees associated with | ||||||
3 | the Program Escrow,
received by the Program Administrator | ||||||
4 | that is derived from Trust Fund Moneys
held in the Program | ||||||
5 | Escrow prior to expenditure of such Trust Fund Moneys. | ||||||
6 | (c) Additional Trust Fund Purpose: Receipt and use of | ||||||
7 | federal funding for programs responding to the COVID-19 public | ||||||
8 | health emergency. Notwithstanding any other provision of this | ||||||
9 | Act or any other law limiting or directing the use of the Trust | ||||||
10 | Fund, the Trust Fund may receive, directly or indirectly, | ||||||
11 | federal funds from the Homeowner Assistance Fund authorized | ||||||
12 | under Section 3206 of the federal American Rescue Plan Act of | ||||||
13 | 2021 (Public Law 117-2). Any such funds shall be deposited | ||||||
14 | into a Homeowner Assistance Account which shall be established | ||||||
15 | within the Trust Fund by the Funding Agent so that such funds | ||||||
16 | can be accounted for separately from other funds in the Trust | ||||||
17 | Fund. Such funds may be used only in the manner and for the | ||||||
18 | purposes authorized in Section 3206 of the American Rescue | ||||||
19 | Plan Act of 2021 and in related federal guidance. Also, the | ||||||
20 | Trust Fund may receive, directly or indirectly, federal funds | ||||||
21 | from the Emergency Rental Assistance Program authorized under | ||||||
22 | Section 3201 of the federal American Rescue Plan Act of 2021 | ||||||
23 | and Section 501 of Subtitle A of Title V of Division N of the | ||||||
24 | Consolidated Appropriations Act, 2021 (Public Law 116–260). | ||||||
25 | Any such funds shall be deposited into an Emergency Rental | ||||||
26 | Assistance Account which shall be established within the Trust |
| |||||||
| |||||||
1 | Fund by the Funding Agent so that such funds can be accounted | ||||||
2 | for separately from other funds in the Trust Fund. Such funds | ||||||
3 | may be used only in the manner and for the purposes authorized | ||||||
4 | in Section 3201 of the American Rescue Plan Act of 2021 and in | ||||||
5 | related federal guidance. Expenditures under this subsection | ||||||
6 | (c) are subject to annual appropriation to the Funding Agent. | ||||||
7 | Unless used in this subsection (c), the defined terms set | ||||||
8 | forth in Section 3 shall not apply to funds received pursuant | ||||||
9 | to the American Rescue Plan Act of 2021. Notwithstanding any | ||||||
10 | other provision of this Act or any other law limiting or | ||||||
11 | directing the use of the Trust Fund, funds received under the | ||||||
12 | American Rescue Plan Act of 2021 are not subject to the terms | ||||||
13 | and provisions of this Act except as specifically set forth in | ||||||
14 | this subsection (c).
| ||||||
15 | (Source: P.A. 102-16, eff. 6-17-21.)
| ||||||
16 | ARTICLE 15. | ||||||
17 | Section 15-5. The Illinois Administrative Procedure Act is | ||||||
18 | amended by adding Sections 5-45.42 and 5-45.43 as follows: | ||||||
19 | (5 ILCS 100/5-45.42 new) | ||||||
20 | Sec. 5-45.42. Emergency rulemaking; Mental Health and | ||||||
21 | Developmental Disabilities Administrative Act. To provide for | ||||||
22 | the expeditious and timely implementation of the changes made | ||||||
23 | to Section 74 of the Mental Health and Developmental |
| |||||||
| |||||||
1 | Disabilities Administrative Act by this amendatory Act of the | ||||||
2 | 103rd General Assembly, emergency rules implementing the | ||||||
3 | changes made to that Section by this amendatory Act of the | ||||||
4 | 103rd General Assembly may be adopted in accordance with | ||||||
5 | Section 5-45 by the Department of Human Services or other | ||||||
6 | department essential to the implementation of the changes. The | ||||||
7 | adoption of emergency rules authorized by Section 5-45 and | ||||||
8 | this Section is deemed to be necessary for the public | ||||||
9 | interest, safety, and welfare. | ||||||
10 | This Section is repealed one year after the effective date | ||||||
11 | of this amendatory Act of the 103rd General Assembly. | ||||||
12 | (5 ILCS 100/5-45.43 new) | ||||||
13 | Sec. 5-45.43. Emergency rulemaking; Illinois Public Aid | ||||||
14 | Code. To provide for the expeditious and timely implementation | ||||||
15 | of the changes made to the Illinois Public Aid Code by this | ||||||
16 | amendatory Act of the 103rd General Assembly, emergency rules | ||||||
17 | implementing the changes made to that Code by this amendatory | ||||||
18 | Act of the 103rd General Assembly may be adopted in accordance | ||||||
19 | with Section 5-45 by the Department of Healthcare and Family | ||||||
20 | Services or other department essential to the implementation | ||||||
21 | of the changes. The adoption of emergency rules authorized by | ||||||
22 | Section 5-45 and this Section is deemed to be necessary for the | ||||||
23 | public interest, safety, and welfare. | ||||||
24 | This Section is repealed one year after the effective date | ||||||
25 | of this amendatory Act of the 103rd General Assembly. |
| |||||||
| |||||||
1 | Section 15-10. The Mental Health and Developmental | ||||||
2 | Disabilities Administrative Act is amended by changing Section | ||||||
3 | 74 as follows:
| ||||||
4 | (20 ILCS 1705/74)
| ||||||
5 | Sec. 74. Rates and reimbursements. | ||||||
6 | (a) Within 30 days after July 6, 2017 (the effective date | ||||||
7 | of Public Act 100-23), the Department shall increase rates and | ||||||
8 | reimbursements to fund a minimum of a $0.75 per hour wage | ||||||
9 | increase for front-line personnel, including, but not limited | ||||||
10 | to, direct support professionals, aides, front-line | ||||||
11 | supervisors, qualified intellectual disabilities | ||||||
12 | professionals, nurses, and non-administrative support staff | ||||||
13 | working in community-based provider organizations serving | ||||||
14 | individuals with developmental disabilities. The Department | ||||||
15 | shall adopt rules, including emergency rules under subsection | ||||||
16 | (y) of Section 5-45 of the Illinois Administrative Procedure | ||||||
17 | Act, to implement the provisions of this Section. | ||||||
18 | (b) Rates and reimbursements. Within 30 days after June 4, | ||||||
19 | 2018 ( the effective date of Public Act 100-587) this | ||||||
20 | amendatory Act of the 100th General Assembly , the Department | ||||||
21 | shall increase rates and reimbursements to fund a minimum of a | ||||||
22 | $0.50 per hour wage increase for front-line personnel, | ||||||
23 | including, but not limited to, direct support professionals, | ||||||
24 | aides, front-line supervisors, qualified intellectual |
| |||||||
| |||||||
1 | disabilities professionals, nurses, and non-administrative | ||||||
2 | support staff working in community-based provider | ||||||
3 | organizations serving individuals with developmental | ||||||
4 | disabilities. The Department shall adopt rules, including | ||||||
5 | emergency rules under subsection (bb) of Section 5-45 of the | ||||||
6 | Illinois Administrative Procedure Act, to implement the | ||||||
7 | provisions of this Section. | ||||||
8 | (c) Rates and reimbursements. Within 30 days after June 5, | ||||||
9 | 2019 ( the effective date of Public Act 101-10) this amendatory | ||||||
10 | Act of the 101st General Assembly , subject to federal | ||||||
11 | approval, the Department shall increase rates and | ||||||
12 | reimbursements in effect on June 30, 2019 for community-based | ||||||
13 | providers for persons with Developmental Disabilities by 3.5% | ||||||
14 | The Department shall adopt rules, including emergency rules | ||||||
15 | under subsection (jj) of Section 5-45 of the Illinois | ||||||
16 | Administrative Procedure Act, to implement the provisions of | ||||||
17 | this Section, including wage increases for direct care staff. | ||||||
18 | (d) For community-based providers serving persons with | ||||||
19 | intellectual/developmental disabilities, subject to federal | ||||||
20 | approval of any relevant Waiver Amendment, the rates taking | ||||||
21 | effect for services delivered on or after January 1, 2022, | ||||||
22 | shall include an increase in the rate methodology sufficient | ||||||
23 | to provide a $1.50 per hour wage increase for direct support | ||||||
24 | professionals in residential settings and sufficient to | ||||||
25 | provide wages for all residential non-executive direct care | ||||||
26 | staff, excluding direct support professionals, at the federal |
| |||||||
| |||||||
1 | Department of Labor, Bureau of Labor Statistics' average wage | ||||||
2 | as defined in rule by the Department. | ||||||
3 | The establishment of and any changes to the rate | ||||||
4 | methodologies for community-based services provided to persons | ||||||
5 | with intellectual/developmental disabilities are subject to | ||||||
6 | federal approval of any relevant Waiver Amendment and shall be | ||||||
7 | defined in rule by the Department. The Department shall adopt | ||||||
8 | rules, including emergency rules as authorized by Section 5-45 | ||||||
9 | of the Illinois Administrative Procedure Act, to implement the | ||||||
10 | provisions of this subsection (d). | ||||||
11 | (e) For community-based providers serving persons with | ||||||
12 | intellectual/developmental disabilities, subject to federal | ||||||
13 | approval of any relevant Waiver Amendment, the rates taking | ||||||
14 | effect for services delivered on or after January 1, 2023, | ||||||
15 | shall include an increase in the rate methodology sufficient | ||||||
16 | to provide a $1.00 per hour wage increase for all direct | ||||||
17 | support professionals personnel and all other frontline | ||||||
18 | personnel who are not subject to the Bureau of Labor | ||||||
19 | Statistics' average wage increases, who work in residential | ||||||
20 | and community day services settings, with at least $0.50 of | ||||||
21 | those funds to be provided as a direct increase to base wages, | ||||||
22 | with the remaining $0.50 to be used flexibly for base wage | ||||||
23 | increases. In addition, the rates taking effect for services | ||||||
24 | delivered on or after January 1, 2023 shall include an | ||||||
25 | increase sufficient to provide wages for all residential | ||||||
26 | non-executive direct care staff, excluding direct support |
| |||||||
| |||||||
1 | professionals personnel , at the federal Department of Labor, | ||||||
2 | Bureau of Labor Statistics' average wage as defined in rule by | ||||||
3 | the Department. | ||||||
4 | The establishment of and any changes to the rate | ||||||
5 | methodologies for community-based services provided to persons | ||||||
6 | with intellectual/developmental disabilities are subject to | ||||||
7 | federal approval of any relevant Waiver Amendment and shall be | ||||||
8 | defined in rule by the Department. The Department shall adopt | ||||||
9 | rules, including emergency rules as authorized by Section 5-45 | ||||||
10 | of the Illinois Administrative Procedure Act, to implement the | ||||||
11 | provisions of this subsection. | ||||||
12 | (f) For community-based providers serving persons with | ||||||
13 | intellectual/developmental disabilities, subject to federal | ||||||
14 | approval of any relevant Waiver Amendment, the rates taking | ||||||
15 | effect for services delivered on or after January 1, 2024 | ||||||
16 | shall include an increase in the rate methodology sufficient | ||||||
17 | to provide a $2.50 per hour wage increase for all direct | ||||||
18 | support professionals and all other frontline personnel who | ||||||
19 | are not subject to the Bureau of Labor Statistics' average | ||||||
20 | wage increases and who work in residential and community day | ||||||
21 | services settings. At least $1.25 of the per hour wage | ||||||
22 | increase shall be provided as a direct increase to base wages, | ||||||
23 | and the remaining $1.25 of the per hour wage increase shall be | ||||||
24 | used flexibly for base wage increases. In addition, the rates | ||||||
25 | taking effect for services delivered on or after January 1, | ||||||
26 | 2024 shall include an increase sufficient to provide wages for |
| |||||||
| |||||||
1 | all residential non-executive direct care staff, excluding | ||||||
2 | direct support professionals, at the federal Department of | ||||||
3 | Labor, Bureau of Labor Statistics' average wage as defined in | ||||||
4 | rule by the Department. | ||||||
5 | The establishment of and any changes to the rate | ||||||
6 | methodologies for community-based services provided to persons | ||||||
7 | with intellectual/developmental disabilities are subject to | ||||||
8 | federal approval of any relevant Waiver Amendment and shall be | ||||||
9 | defined in rule by the Department. The Department shall adopt | ||||||
10 | rules, including emergency rules as authorized by Section 5-45 | ||||||
11 | of the Illinois Administrative Procedure Act, to implement the | ||||||
12 | provisions of this subsection. | ||||||
13 | (Source: P.A. 101-10, eff. 6-5-19; 102-16, eff. 6-17-21; | ||||||
14 | 102-699, eff. 4-19-22; 102-830, eff. 1-1-23; revised | ||||||
15 | 12-13-22.) | ||||||
16 | Section 15-15. The Illinois Public Aid Code is amended by | ||||||
17 | changing Sections 5-5.4, 5-5.7a, and 12-4.11 and by adding | ||||||
18 | Section 9A-17 as follows:
| ||||||
19 | (305 ILCS 5/5-5.4) (from Ch. 23, par. 5-5.4)
| ||||||
20 | Sec. 5-5.4. Standards of Payment - Department of | ||||||
21 | Healthcare and Family Services.
The Department of Healthcare | ||||||
22 | and Family Services shall develop standards of payment of
| ||||||
23 | nursing facility and ICF/DD services in facilities providing | ||||||
24 | such services
under this Article which:
|
| |||||||
| |||||||
1 | (1) Provide for the determination of a facility's payment
| ||||||
2 | for nursing facility or ICF/DD services on a prospective | ||||||
3 | basis.
The amount of the payment rate for all nursing | ||||||
4 | facilities certified by the
Department of Public Health under | ||||||
5 | the ID/DD Community Care Act or the Nursing Home Care Act as | ||||||
6 | Intermediate
Care for the Developmentally Disabled facilities, | ||||||
7 | Long Term Care for Under Age
22 facilities, Skilled Nursing | ||||||
8 | facilities, or Intermediate Care facilities
under the
medical | ||||||
9 | assistance program shall be prospectively established annually | ||||||
10 | on the
basis of historical, financial, and statistical data | ||||||
11 | reflecting actual costs
from prior years, which shall be | ||||||
12 | applied to the current rate year and updated
for inflation, | ||||||
13 | except that the capital cost element for newly constructed
| ||||||
14 | facilities shall be based upon projected budgets. The annually | ||||||
15 | established
payment rate shall take effect on July 1 in 1984 | ||||||
16 | and subsequent years. No rate
increase and no
update for | ||||||
17 | inflation shall be provided on or after July 1, 1994, unless | ||||||
18 | specifically provided for in this
Section.
The changes made by | ||||||
19 | Public Act 93-841
extending the duration of the prohibition | ||||||
20 | against a rate increase or update for inflation are effective | ||||||
21 | retroactive to July 1, 2004.
| ||||||
22 | For facilities licensed by the Department of Public Health | ||||||
23 | under the Nursing
Home Care Act as Intermediate Care for the | ||||||
24 | Developmentally Disabled facilities
or Long Term Care for | ||||||
25 | Under Age 22 facilities, the rates taking effect on July
1, | ||||||
26 | 1998 shall include an increase of 3%. For facilities licensed |
| |||||||
| |||||||
1 | by the
Department of Public Health under the Nursing Home Care | ||||||
2 | Act as Skilled Nursing
facilities or Intermediate Care | ||||||
3 | facilities, the rates taking effect on July 1,
1998 shall | ||||||
4 | include an increase of 3% plus $1.10 per resident-day, as | ||||||
5 | defined by
the Department. For facilities licensed by the | ||||||
6 | Department of Public Health under the Nursing Home Care Act as | ||||||
7 | Intermediate Care Facilities for the Developmentally Disabled | ||||||
8 | or Long Term Care for Under Age 22 facilities, the rates taking | ||||||
9 | effect on January 1, 2006 shall include an increase of 3%.
For | ||||||
10 | facilities licensed by the Department of Public Health under | ||||||
11 | the Nursing Home Care Act as Intermediate Care Facilities for | ||||||
12 | the Developmentally Disabled or Long Term Care for Under Age | ||||||
13 | 22 facilities, the rates taking effect on January 1, 2009 | ||||||
14 | shall include an increase sufficient to provide a $0.50 per | ||||||
15 | hour wage increase for non-executive staff. For facilities | ||||||
16 | licensed by the Department of Public Health under the ID/DD | ||||||
17 | Community Care Act as ID/DD Facilities the rates taking effect | ||||||
18 | within 30 days after July 6, 2017 (the effective date of Public | ||||||
19 | Act 100-23) shall include an increase sufficient to provide a | ||||||
20 | $0.75 per hour wage increase for non-executive staff. The | ||||||
21 | Department shall adopt rules, including emergency rules under | ||||||
22 | subsection (y) of Section 5-45 of the Illinois Administrative | ||||||
23 | Procedure Act, to implement the provisions of this paragraph. | ||||||
24 | For facilities licensed by the Department of Public Health | ||||||
25 | under the ID/DD Community Care Act as ID/DD Facilities and | ||||||
26 | under the MC/DD Act as MC/DD Facilities, the rates taking |
| |||||||
| |||||||
1 | effect within 30 days after June 5, 2019 ( the effective date of | ||||||
2 | Public Act 101-10) this amendatory Act of the 100th General | ||||||
3 | Assembly shall include an increase sufficient to provide a | ||||||
4 | $0.50 per hour wage increase for non-executive front-line | ||||||
5 | personnel, including, but not limited to, direct support | ||||||
6 | persons, aides, front-line supervisors, qualified intellectual | ||||||
7 | disabilities professionals, nurses, and non-administrative | ||||||
8 | support staff. The Department shall adopt rules, including | ||||||
9 | emergency rules under subsection (bb) of Section 5-45 of the | ||||||
10 | Illinois Administrative Procedure Act, to implement the | ||||||
11 | provisions of this paragraph. | ||||||
12 | For facilities licensed by the Department of Public Health | ||||||
13 | under the
Nursing Home Care Act as Intermediate Care for the | ||||||
14 | Developmentally Disabled
facilities or Long Term Care for | ||||||
15 | Under Age 22 facilities, the rates taking
effect on July 1, | ||||||
16 | 1999 shall include an increase of 1.6% plus $3.00 per
| ||||||
17 | resident-day, as defined by the Department. For facilities | ||||||
18 | licensed by the
Department of Public Health under the Nursing | ||||||
19 | Home Care Act as Skilled Nursing
facilities or Intermediate | ||||||
20 | Care facilities, the rates taking effect on July 1,
1999 shall | ||||||
21 | include an increase of 1.6% and, for services provided on or | ||||||
22 | after
October 1, 1999, shall be increased by $4.00 per | ||||||
23 | resident-day, as defined by
the Department.
| ||||||
24 | For facilities licensed by the Department of Public Health | ||||||
25 | under the
Nursing Home Care Act as Intermediate Care for the | ||||||
26 | Developmentally Disabled
facilities or Long Term Care for |
| |||||||
| |||||||
1 | Under Age 22 facilities, the rates taking
effect on July 1, | ||||||
2 | 2000 shall include an increase of 2.5% per resident-day,
as | ||||||
3 | defined by the Department. For facilities licensed by the | ||||||
4 | Department of
Public Health under the Nursing Home Care Act as | ||||||
5 | Skilled Nursing facilities or
Intermediate Care facilities, | ||||||
6 | the rates taking effect on July 1, 2000 shall
include an | ||||||
7 | increase of 2.5% per resident-day, as defined by the | ||||||
8 | Department.
| ||||||
9 | For facilities licensed by the Department of Public Health | ||||||
10 | under the
Nursing Home Care Act as skilled nursing facilities | ||||||
11 | or intermediate care
facilities, a new payment methodology | ||||||
12 | must be implemented for the nursing
component of the rate | ||||||
13 | effective July 1, 2003. The Department of Public Aid
(now | ||||||
14 | Healthcare and Family Services) shall develop the new payment | ||||||
15 | methodology using the Minimum Data Set
(MDS) as the instrument | ||||||
16 | to collect information concerning nursing home
resident | ||||||
17 | condition necessary to compute the rate. The Department
shall | ||||||
18 | develop the new payment methodology to meet the unique needs | ||||||
19 | of
Illinois nursing home residents while remaining subject to | ||||||
20 | the appropriations
provided by the General Assembly.
A | ||||||
21 | transition period from the payment methodology in effect on | ||||||
22 | June 30, 2003
to the payment methodology in effect on July 1, | ||||||
23 | 2003 shall be provided for a
period not exceeding 3 years and | ||||||
24 | 184 days after implementation of the new payment
methodology | ||||||
25 | as follows:
| ||||||
26 | (A) For a facility that would receive a lower
nursing |
| |||||||
| |||||||
1 | component rate per patient day under the new system than | ||||||
2 | the facility
received
effective on the date immediately | ||||||
3 | preceding the date that the Department
implements the new | ||||||
4 | payment methodology, the nursing component rate per | ||||||
5 | patient
day for the facility
shall be held at
the level in | ||||||
6 | effect on the date immediately preceding the date that the
| ||||||
7 | Department implements the new payment methodology until a | ||||||
8 | higher nursing
component rate of
reimbursement is achieved | ||||||
9 | by that
facility.
| ||||||
10 | (B) For a facility that would receive a higher nursing | ||||||
11 | component rate per
patient day under the payment | ||||||
12 | methodology in effect on July 1, 2003 than the
facility | ||||||
13 | received effective on the date immediately preceding the | ||||||
14 | date that the
Department implements the new payment | ||||||
15 | methodology, the nursing component rate
per patient day | ||||||
16 | for the facility shall be adjusted.
| ||||||
17 | (C) Notwithstanding paragraphs (A) and (B), the | ||||||
18 | nursing component rate per
patient day for the facility | ||||||
19 | shall be adjusted subject to appropriations
provided by | ||||||
20 | the General Assembly.
| ||||||
21 | For facilities licensed by the Department of Public Health | ||||||
22 | under the
Nursing Home Care Act as Intermediate Care for the | ||||||
23 | Developmentally Disabled
facilities or Long Term Care for | ||||||
24 | Under Age 22 facilities, the rates taking
effect on March 1, | ||||||
25 | 2001 shall include a statewide increase of 7.85%, as
defined | ||||||
26 | by the Department.
|
| |||||||
| |||||||
1 | Notwithstanding any other provision of this Section, for | ||||||
2 | facilities licensed by the Department of Public Health under | ||||||
3 | the
Nursing Home Care Act as skilled nursing facilities or | ||||||
4 | intermediate care
facilities, except facilities participating | ||||||
5 | in the Department's demonstration program pursuant to the | ||||||
6 | provisions of Title 77, Part 300, Subpart T of the Illinois | ||||||
7 | Administrative Code, the numerator of the ratio used by the | ||||||
8 | Department of Healthcare and Family Services to compute the | ||||||
9 | rate payable under this Section using the Minimum Data Set | ||||||
10 | (MDS) methodology shall incorporate the following annual | ||||||
11 | amounts as the additional funds appropriated to the Department | ||||||
12 | specifically to pay for rates based on the MDS nursing | ||||||
13 | component methodology in excess of the funding in effect on | ||||||
14 | December 31, 2006: | ||||||
15 | (i) For rates taking effect January 1, 2007, | ||||||
16 | $60,000,000. | ||||||
17 | (ii) For rates taking effect January 1, 2008, | ||||||
18 | $110,000,000. | ||||||
19 | (iii) For rates taking effect January 1, 2009, | ||||||
20 | $194,000,000. | ||||||
21 | (iv) For rates taking effect April 1, 2011, or the | ||||||
22 | first day of the month that begins at least 45 days after | ||||||
23 | February 16, 2011 ( the effective date of Public Act | ||||||
24 | 96-1530) this amendatory Act of the 96th General Assembly , | ||||||
25 | $416,500,000 or an amount as may be necessary to complete | ||||||
26 | the transition to the MDS methodology for the nursing |
| |||||||
| |||||||
1 | component of the rate. Increased payments under this item | ||||||
2 | (iv) are not due and payable, however, until (i) the | ||||||
3 | methodologies described in this paragraph are approved by | ||||||
4 | the federal government in an appropriate State Plan | ||||||
5 | amendment and (ii) the assessment imposed by Section 5B-2 | ||||||
6 | of this Code is determined to be a permissible tax under | ||||||
7 | Title XIX of the Social Security Act. | ||||||
8 | Notwithstanding any other provision of this Section, for | ||||||
9 | facilities licensed by the Department of Public Health under | ||||||
10 | the Nursing Home Care Act as skilled nursing facilities or | ||||||
11 | intermediate care facilities, the support component of the | ||||||
12 | rates taking effect on January 1, 2008 shall be computed using | ||||||
13 | the most recent cost reports on file with the Department of | ||||||
14 | Healthcare and Family Services no later than April 1, 2005, | ||||||
15 | updated for inflation to January 1, 2006. | ||||||
16 | For facilities licensed by the Department of Public Health | ||||||
17 | under the
Nursing Home Care Act as Intermediate Care for the | ||||||
18 | Developmentally Disabled
facilities or Long Term Care for | ||||||
19 | Under Age 22 facilities, the rates taking
effect on April 1, | ||||||
20 | 2002 shall include a statewide increase of 2.0%, as
defined by | ||||||
21 | the Department.
This increase terminates on July 1, 2002;
| ||||||
22 | beginning July 1, 2002 these rates are reduced to the level of | ||||||
23 | the rates
in effect on March 31, 2002, as defined by the | ||||||
24 | Department.
| ||||||
25 | For facilities licensed by the Department of Public Health | ||||||
26 | under the
Nursing Home Care Act as skilled nursing facilities |
| |||||||
| |||||||
1 | or intermediate care
facilities, the rates taking effect on | ||||||
2 | July 1, 2001 shall be computed using the most recent cost | ||||||
3 | reports
on file with the Department of Public Aid no later than | ||||||
4 | April 1, 2000,
updated for inflation to January 1, 2001. For | ||||||
5 | rates effective July 1, 2001
only, rates shall be the greater | ||||||
6 | of the rate computed for July 1, 2001
or the rate effective on | ||||||
7 | June 30, 2001.
| ||||||
8 | Notwithstanding any other provision of this Section, for | ||||||
9 | facilities
licensed by the Department of Public Health under | ||||||
10 | the Nursing Home Care Act
as skilled nursing facilities or | ||||||
11 | intermediate care facilities, the Illinois
Department shall | ||||||
12 | determine by rule the rates taking effect on July 1, 2002,
| ||||||
13 | which shall be 5.9% less than the rates in effect on June 30, | ||||||
14 | 2002.
| ||||||
15 | Notwithstanding any other provision of this Section, for | ||||||
16 | facilities
licensed by the Department of Public Health under | ||||||
17 | the Nursing Home Care Act as
skilled nursing
facilities or | ||||||
18 | intermediate care facilities, if the payment methodologies | ||||||
19 | required under Section 5A-12 and the waiver granted under 42 | ||||||
20 | CFR 433.68 are approved by the United States Centers for | ||||||
21 | Medicare and Medicaid Services, the rates taking effect on | ||||||
22 | July 1, 2004 shall be 3.0% greater than the rates in effect on | ||||||
23 | June 30, 2004. These rates shall take
effect only upon | ||||||
24 | approval and
implementation of the payment methodologies | ||||||
25 | required under Section 5A-12.
| ||||||
26 | Notwithstanding any other provisions of this Section, for |
| |||||||
| |||||||
1 | facilities licensed by the Department of Public Health under | ||||||
2 | the Nursing Home Care Act as skilled nursing facilities or | ||||||
3 | intermediate care facilities, the rates taking effect on | ||||||
4 | January 1, 2005 shall be 3% more than the rates in effect on | ||||||
5 | December 31, 2004.
| ||||||
6 | Notwithstanding any other provision of this Section, for | ||||||
7 | facilities licensed by the Department of Public Health under | ||||||
8 | the Nursing Home Care Act as skilled nursing facilities or | ||||||
9 | intermediate care facilities, effective January 1, 2009, the | ||||||
10 | per diem support component of the rates effective on January | ||||||
11 | 1, 2008, computed using the most recent cost reports on file | ||||||
12 | with the Department of Healthcare and Family Services no later | ||||||
13 | than April 1, 2005, updated for inflation to January 1, 2006, | ||||||
14 | shall be increased to the amount that would have been derived | ||||||
15 | using standard Department of Healthcare and Family Services | ||||||
16 | methods, procedures, and inflators. | ||||||
17 | Notwithstanding any other provisions of this Section, for | ||||||
18 | facilities licensed by the Department of Public Health under | ||||||
19 | the Nursing Home Care Act as intermediate care facilities that | ||||||
20 | are federally defined as Institutions for Mental Disease, or | ||||||
21 | facilities licensed by the Department of Public Health under | ||||||
22 | the Specialized Mental Health Rehabilitation Act of 2013, a | ||||||
23 | socio-development component rate equal to 6.6% of the | ||||||
24 | facility's nursing component rate as of January 1, 2006 shall | ||||||
25 | be established and paid effective July 1, 2006. The | ||||||
26 | socio-development component of the rate shall be increased by |
| |||||||
| |||||||
1 | a factor of 2.53 on the first day of the month that begins at | ||||||
2 | least 45 days after January 11, 2008 (the effective date of | ||||||
3 | Public Act 95-707). As of August 1, 2008, the | ||||||
4 | socio-development component rate shall be equal to 6.6% of the | ||||||
5 | facility's nursing component rate as of January 1, 2006, | ||||||
6 | multiplied by a factor of 3.53. For services provided on or | ||||||
7 | after April 1, 2011, or the first day of the month that begins | ||||||
8 | at least 45 days after February 16, 2011 ( the effective date of | ||||||
9 | Public Act 96-1530) this amendatory Act of the 96th General | ||||||
10 | Assembly , whichever is later, the Illinois Department may by | ||||||
11 | rule adjust these socio-development component rates, and may | ||||||
12 | use different adjustment methodologies for those facilities | ||||||
13 | participating, and those not participating, in the Illinois | ||||||
14 | Department's demonstration program pursuant to the provisions | ||||||
15 | of Title 77, Part 300, Subpart T of the Illinois | ||||||
16 | Administrative Code, but in no case may such rates be | ||||||
17 | diminished below those in effect on August 1, 2008.
| ||||||
18 | For facilities
licensed
by the
Department of Public Health | ||||||
19 | under the Nursing Home Care Act as Intermediate
Care for
the | ||||||
20 | Developmentally Disabled facilities or as long-term care | ||||||
21 | facilities for
residents under 22 years of age, the rates | ||||||
22 | taking effect on July 1,
2003 shall
include a statewide | ||||||
23 | increase of 4%, as defined by the Department.
| ||||||
24 | For facilities licensed by the Department of Public Health | ||||||
25 | under the
Nursing Home Care Act as Intermediate Care for the | ||||||
26 | Developmentally Disabled
facilities or Long Term Care for |
| |||||||
| |||||||
1 | Under Age 22 facilities, the rates taking
effect on the first | ||||||
2 | day of the month that begins at least 45 days after January 11, | ||||||
3 | 2008 ( the effective date of Public Act 95-707) this amendatory | ||||||
4 | Act of the 95th General Assembly shall include a statewide | ||||||
5 | increase of 2.5%, as
defined by the Department. | ||||||
6 | Notwithstanding any other provision of this Section, for | ||||||
7 | facilities licensed by the Department of Public Health under | ||||||
8 | the Nursing Home Care Act as skilled nursing facilities or | ||||||
9 | intermediate care facilities, effective January 1, 2005, | ||||||
10 | facility rates shall be increased by the difference between | ||||||
11 | (i) a facility's per diem property, liability, and malpractice | ||||||
12 | insurance costs as reported in the cost report filed with the | ||||||
13 | Department of Public Aid and used to establish rates effective | ||||||
14 | July 1, 2001 and (ii) those same costs as reported in the | ||||||
15 | facility's 2002 cost report. These costs shall be passed | ||||||
16 | through to the facility without caps or limitations, except | ||||||
17 | for adjustments required under normal auditing procedures.
| ||||||
18 | Rates established effective each July 1 shall govern | ||||||
19 | payment
for services rendered throughout that fiscal year, | ||||||
20 | except that rates
established on July 1, 1996 shall be | ||||||
21 | increased by 6.8% for services
provided on or after January 1, | ||||||
22 | 1997. Such rates will be based
upon the rates calculated for | ||||||
23 | the year beginning July 1, 1990, and for
subsequent years | ||||||
24 | thereafter until June 30, 2001 shall be based on the
facility | ||||||
25 | cost reports
for the facility fiscal year ending at any point | ||||||
26 | in time during the previous
calendar year, updated to the |
| |||||||
| |||||||
1 | midpoint of the rate year. The cost report
shall be on file | ||||||
2 | with the Department no later than April 1 of the current
rate | ||||||
3 | year. Should the cost report not be on file by April 1, the | ||||||
4 | Department
shall base the rate on the latest cost report filed | ||||||
5 | by each skilled care
facility and intermediate care facility, | ||||||
6 | updated to the midpoint of the
current rate year. In | ||||||
7 | determining rates for services rendered on and after
July 1, | ||||||
8 | 1985, fixed time shall not be computed at less than zero. The
| ||||||
9 | Department shall not make any alterations of regulations which | ||||||
10 | would reduce
any component of the Medicaid rate to a level | ||||||
11 | below what that component would
have been utilizing in the | ||||||
12 | rate effective on July 1, 1984.
| ||||||
13 | (2) Shall take into account the actual costs incurred by | ||||||
14 | facilities
in providing services for recipients of skilled | ||||||
15 | nursing and intermediate
care services under the medical | ||||||
16 | assistance program.
| ||||||
17 | (3) Shall take into account the medical and psycho-social
| ||||||
18 | characteristics and needs of the patients.
| ||||||
19 | (4) Shall take into account the actual costs incurred by | ||||||
20 | facilities in
meeting licensing and certification standards | ||||||
21 | imposed and prescribed by the
State of Illinois, any of its | ||||||
22 | political subdivisions or municipalities and by
the U.S. | ||||||
23 | Department of Health and Human Services pursuant to Title XIX | ||||||
24 | of the
Social Security Act.
| ||||||
25 | The Department of Healthcare and Family Services
shall | ||||||
26 | develop precise standards for
payments to reimburse nursing |
| |||||||
| |||||||
1 | facilities for any utilization of
appropriate rehabilitative | ||||||
2 | personnel for the provision of rehabilitative
services which | ||||||
3 | is authorized by federal regulations, including
reimbursement | ||||||
4 | for services provided by qualified therapists or qualified
| ||||||
5 | assistants, and which is in accordance with accepted | ||||||
6 | professional
practices. Reimbursement also may be made for | ||||||
7 | utilization of other
supportive personnel under appropriate | ||||||
8 | supervision.
| ||||||
9 | The Department shall develop enhanced payments to offset | ||||||
10 | the additional costs incurred by a
facility serving | ||||||
11 | exceptional need residents and shall allocate at least | ||||||
12 | $4,000,000 of the funds
collected from the assessment | ||||||
13 | established by Section 5B-2 of this Code for such payments. | ||||||
14 | For
the purpose of this Section, "exceptional needs" means, | ||||||
15 | but need not be limited to, ventilator care and traumatic | ||||||
16 | brain injury care. The enhanced payments for exceptional need | ||||||
17 | residents under this paragraph are not due and payable, | ||||||
18 | however, until (i) the methodologies described in this | ||||||
19 | paragraph are approved by the federal government in an | ||||||
20 | appropriate State Plan amendment and (ii) the assessment | ||||||
21 | imposed by Section 5B-2 of this Code is determined to be a | ||||||
22 | permissible tax under Title XIX of the Social Security Act. | ||||||
23 | Beginning January 1, 2014 the methodologies for | ||||||
24 | reimbursement of nursing facility services as provided under | ||||||
25 | this Section 5-5.4 shall no longer be applicable for services | ||||||
26 | provided on or after January 1, 2014. |
| |||||||
| |||||||
1 | No payment increase under this Section for the MDS | ||||||
2 | methodology, exceptional care residents, or the | ||||||
3 | socio-development component rate established by Public Act | ||||||
4 | 96-1530 of the 96th General Assembly and funded by the | ||||||
5 | assessment imposed under Section 5B-2 of this Code shall be | ||||||
6 | due and payable until after the Department notifies the | ||||||
7 | long-term care providers, in writing, that the payment | ||||||
8 | methodologies to long-term care providers required under this | ||||||
9 | Section have been approved by the Centers for Medicare and | ||||||
10 | Medicaid Services of the U.S. Department of Health and Human | ||||||
11 | Services and the waivers under 42 CFR 433.68 for the | ||||||
12 | assessment imposed by this Section, if necessary, have been | ||||||
13 | granted by the Centers for Medicare and Medicaid Services of | ||||||
14 | the U.S. Department of Health and Human Services. Upon | ||||||
15 | notification to the Department of approval of the payment | ||||||
16 | methodologies required under this Section and the waivers | ||||||
17 | granted under 42 CFR 433.68, all increased payments otherwise | ||||||
18 | due under this Section prior to the date of notification shall | ||||||
19 | be due and payable within 90 days of the date federal approval | ||||||
20 | is received. | ||||||
21 | On and after July 1, 2012, the Department shall reduce any | ||||||
22 | rate of reimbursement for services or other payments or alter | ||||||
23 | any methodologies authorized by this Code to reduce any rate | ||||||
24 | of reimbursement for services or other payments in accordance | ||||||
25 | with Section 5-5e. | ||||||
26 | For facilities licensed by the Department of Public Health |
| |||||||
| |||||||
1 | under the ID/DD Community Care Act as ID/DD Facilities and | ||||||
2 | under the MC/DD Act as MC/DD Facilities, subject to federal | ||||||
3 | approval, the rates taking effect for services delivered on or | ||||||
4 | after August 1, 2019 shall be increased by 3.5% over the rates | ||||||
5 | in effect on June 30, 2019. The Department shall adopt rules, | ||||||
6 | including emergency rules under subsection (ii) of Section | ||||||
7 | 5-45 of the Illinois Administrative Procedure Act, to | ||||||
8 | implement the provisions of this Section, including wage | ||||||
9 | increases for direct care staff. | ||||||
10 | For facilities licensed by the Department of Public Health | ||||||
11 | under the ID/DD Community Care Act as ID/DD Facilities and | ||||||
12 | under the MC/DD Act as MC/DD Facilities, subject to federal | ||||||
13 | approval, the rates taking effect on the latter of the | ||||||
14 | approval date of the State Plan Amendment for these facilities | ||||||
15 | or the Waiver Amendment for the home and community-based | ||||||
16 | services settings shall include an increase sufficient to | ||||||
17 | provide a $0.26 per hour wage increase to the base wage for | ||||||
18 | non-executive staff. The Department shall adopt rules, | ||||||
19 | including emergency rules as authorized by Section 5-45 of the | ||||||
20 | Illinois Administrative Procedure Act, to implement the | ||||||
21 | provisions of
this Section, including wage increases for | ||||||
22 | direct care staff. | ||||||
23 | For facilities licensed by the Department of Public Health | ||||||
24 | under the ID/DD Community Care Act as ID/DD Facilities and | ||||||
25 | under the MC/DD Act as MC/DD Facilities, subject to federal | ||||||
26 | approval of the State Plan Amendment and the Waiver Amendment |
| |||||||
| |||||||
1 | for the home and community-based services settings, the rates | ||||||
2 | taking effect for the services delivered on or after July 1, | ||||||
3 | 2020 shall include an increase sufficient to provide a $1.00 | ||||||
4 | per hour wage increase for non-executive staff. For services | ||||||
5 | delivered on or after January 1, 2021, subject to federal | ||||||
6 | approval of the State Plan Amendment and the Waiver Amendment | ||||||
7 | for the home and community-based services settings, shall | ||||||
8 | include an increase sufficient to provide a $0.50 per hour | ||||||
9 | increase for non-executive staff. The Department shall adopt | ||||||
10 | rules, including emergency rules as authorized by Section 5-45 | ||||||
11 | of the Illinois Administrative Procedure Act, to implement the | ||||||
12 | provisions of this Section, including wage increases for | ||||||
13 | direct care staff. | ||||||
14 | For facilities licensed by the Department of Public Health | ||||||
15 | under the ID/DD Community Care Act as ID/DD Facilities and | ||||||
16 | under the MC/DD Act as MC/DD Facilities, subject to federal | ||||||
17 | approval of the State Plan Amendment, the rates taking effect | ||||||
18 | for the residential services delivered on or after July 1, | ||||||
19 | 2021, shall include an increase sufficient to provide a $0.50 | ||||||
20 | per hour increase for aides in the rate methodology. For | ||||||
21 | facilities licensed by the Department of Public Health under | ||||||
22 | the ID/DD Community Care Act as ID/DD Facilities and under the | ||||||
23 | MC/DD Act as MC/DD Facilities, subject to federal approval of | ||||||
24 | the State Plan Amendment, the rates taking effect for the | ||||||
25 | residential services delivered on or after January 1, 2022 | ||||||
26 | shall include an increase sufficient to provide a $1.00 per |
| |||||||
| |||||||
1 | hour increase for aides in the rate methodology. In addition, | ||||||
2 | for residential services delivered on or after January 1, 2022 | ||||||
3 | such rates shall include an increase sufficient to provide | ||||||
4 | wages for all residential non-executive direct care staff, | ||||||
5 | excluding aides, at the federal Department of Labor, Bureau of | ||||||
6 | Labor Statistics' average wage as defined in rule by the | ||||||
7 | Department. The Department shall adopt rules, including | ||||||
8 | emergency rules as authorized by Section 5-45 of the Illinois | ||||||
9 | Administrative Procedure Act, to implement the provisions of | ||||||
10 | this Section. | ||||||
11 | For facilities licensed by the Department of Public Health | ||||||
12 | under the ID/DD Community Care Act as ID/DD facilities and | ||||||
13 | under the MC/DD Act as MC/DD facilities, subject to federal | ||||||
14 | approval of the State Plan Amendment, the rates taking effect | ||||||
15 | for services delivered on or after January 1, 2023, shall | ||||||
16 | include a $1.00 per hour wage increase for all direct support | ||||||
17 | personnel and all other frontline personnel who are not | ||||||
18 | subject to the Bureau of Labor Statistics' average wage | ||||||
19 | increases, who work in residential and community day services | ||||||
20 | settings, with at least $0.50 of those funds to be provided as | ||||||
21 | a direct increase to all aide base wages, with the remaining | ||||||
22 | $0.50 to be used flexibly for base wage increases to the rate | ||||||
23 | methodology for aides. In addition, for residential services | ||||||
24 | delivered on or after January 1, 2023 the rates shall include | ||||||
25 | an increase sufficient to provide wages for all residential | ||||||
26 | non-executive direct care staff, excluding aides, at the |
| |||||||
| |||||||
1 | federal Department of Labor, Bureau of Labor Statistics' | ||||||
2 | average wage as determined by the Department. Also, for | ||||||
3 | services delivered on or after January 1, 2023, the rates will | ||||||
4 | include adjustments to employment-related expenses as defined | ||||||
5 | in rule by the Department. The Department shall adopt rules, | ||||||
6 | including emergency rules as authorized by Section 5-45 of the | ||||||
7 | Illinois Administrative Procedure Act, to implement the | ||||||
8 | provisions of this Section. | ||||||
9 | For facilities licensed by the Department of Public Health | ||||||
10 | under the ID/DD Community Care Act as ID/DD facilities and | ||||||
11 | under the MC/DD Act as MC/DD facilities, subject to federal | ||||||
12 | approval of the State Plan Amendment, the rates taking effect | ||||||
13 | for services delivered on or after January 1, 2024 shall | ||||||
14 | include a $2.50 per hour wage increase for all direct support | ||||||
15 | personnel and all other frontline personnel who are not | ||||||
16 | subject to the Bureau of Labor Statistics' average wage | ||||||
17 | increases and who work in residential and community day | ||||||
18 | services settings. At least $1.25 of the per hour wage | ||||||
19 | increase shall be provided as a direct increase to all aide | ||||||
20 | base wages, and the remaining $1.25 of the per hour wage | ||||||
21 | increase shall be used flexibly for base wage increases to the | ||||||
22 | rate methodology for aides. In addition, for residential | ||||||
23 | services delivered on or after January 1, 2024, the rates | ||||||
24 | shall include an increase sufficient to provide wages for all | ||||||
25 | residential non-executive direct care staff, excluding aides, | ||||||
26 | at the federal Department of Labor, Bureau of Labor |
| |||||||
| |||||||
1 | Statistics' average wage as determined by the Department. | ||||||
2 | Also, for services delivered on or after January 1, 2024, the | ||||||
3 | rates will include adjustments to employment-related expenses | ||||||
4 | as defined in rule by the Department. The Department shall | ||||||
5 | adopt rules, including emergency rules as authorized by | ||||||
6 | Section 5-45 of the Illinois Administrative Procedure Act, to | ||||||
7 | implement the provisions of this Section. | ||||||
8 | (Source: P.A. 101-10, eff. 6-5-19; 101-636, eff. 6-10-20; | ||||||
9 | 102-16, eff. 6-17-21; 102-699, eff. 4-19-22.) | ||||||
10 | (305 ILCS 5/5-5.7a) | ||||||
11 | Sec. 5-5.7a. Pandemic related stability payments for | ||||||
12 | health care providers. Notwithstanding other provisions of | ||||||
13 | law, and in accordance with the Illinois Emergency Management | ||||||
14 | Agency, the Department of Healthcare and Family Services shall | ||||||
15 | develop a process to distribute pandemic related stability | ||||||
16 | payments, from federal sources dedicated for such purposes, to | ||||||
17 | health care providers that are providing care to recipients | ||||||
18 | under the Medical Assistance Program. For provider types | ||||||
19 | serving residents who are recipients of medical assistance | ||||||
20 | under this Code and are funded by other State agencies, the | ||||||
21 | Department will coordinate the distribution process of the | ||||||
22 | pandemic related stability payments. Federal sources dedicated | ||||||
23 | to pandemic related payments include, but are not limited to, | ||||||
24 | funds distributed to the State of Illinois from the | ||||||
25 | Coronavirus Relief Fund pursuant to the Coronavirus Aid, |
| |||||||
| |||||||
1 | Relief, and Economic Security Act ("CARES Act") and from the | ||||||
2 | Coronavirus State Fiscal Recovery Fund pursuant to Section | ||||||
3 | 9901 of the American Rescue Plan Act of 2021, that are | ||||||
4 | appropriated to the Department during Fiscal Years 2020, 2021, | ||||||
5 | and 2022 for purposes permitted by those federal laws and | ||||||
6 | related federal guidance. | ||||||
7 | (1) Pandemic related stability payments for these | ||||||
8 | providers shall be separate and apart from any rate | ||||||
9 | methodology otherwise defined in this Code to the extent | ||||||
10 | permitted in accordance with Section 5001 of the CARES Act | ||||||
11 | and Section 9901 of the American Rescue Plan Act of 2021 | ||||||
12 | and any related federal guidance. | ||||||
13 | (2) Payments made from moneys received from the | ||||||
14 | Coronavirus Relief Fund shall be used exclusively for | ||||||
15 | expenses incurred by the providers that are eligible for | ||||||
16 | reimbursement from the Coronavirus Relief Fund in | ||||||
17 | accordance with Section 5001 of the CARES Act and related | ||||||
18 | federal guidance. Payments made from moneys received from | ||||||
19 | the Coronavirus State Fiscal Recovery Fund shall be used | ||||||
20 | exclusively for purposes permitted by Section 9901 of the | ||||||
21 | American Rescue Plan Act of 2021 and related federal | ||||||
22 | guidance. | ||||||
23 | (3) All providers receiving pandemic related stability | ||||||
24 | payments shall attest in a format to be created by the | ||||||
25 | Department and be able to demonstrate that their expenses | ||||||
26 | are pandemic related, were not part of their annual |
| |||||||
| |||||||
1 | budgets established before March 1, 2020. | ||||||
2 | (4) Pandemic related stability payments will be | ||||||
3 | distributed based on a schedule and framework to be | ||||||
4 | established by the Department with recognition of the | ||||||
5 | pandemic related acuity of the situation for each | ||||||
6 | provider, taking into account the factors including, but | ||||||
7 | not limited to, the following: | ||||||
8 | (A) the impact of the pandemic on patients served, | ||||||
9 | impact on staff, and shortages of the personal | ||||||
10 | protective equipment necessary for infection control | ||||||
11 | efforts for all providers; | ||||||
12 | (B) COVID-19 positivity rates among staff, or | ||||||
13 | patients, or both; | ||||||
14 | (C) pandemic related workforce challenges and | ||||||
15 | costs associated with temporary wage increases | ||||||
16 | associated with pandemic related hazard pay programs, | ||||||
17 | or costs associated with which providers do not have | ||||||
18 | enough staff to adequately provide care and protection | ||||||
19 | to the residents and other staff; | ||||||
20 | (D) providers with significant reductions in | ||||||
21 | utilization that result in corresponding reductions in | ||||||
22 | revenue as a result of the pandemic, including, but | ||||||
23 | not limited to, the cancellation or postponement of | ||||||
24 | elective procedures and visits; | ||||||
25 | (E) pandemic related payments received directly by | ||||||
26 | the providers through other federal resources; |
| |||||||
| |||||||
1 | (F) current efforts to respond to and provide | ||||||
2 | services to communities disproportionately impacted by | ||||||
3 | the COVID-19 public health emergency, including | ||||||
4 | low-income and socially vulnerable communities that | ||||||
5 | have seen the most severe health impacts and | ||||||
6 | exacerbated health inequities along racial, ethnic, | ||||||
7 | and socioeconomic lines; and | ||||||
8 | (G) provider needs for capital improvements to | ||||||
9 | existing facilities, including upgrades to HVAC and | ||||||
10 | ventilation systems and capital improvements for | ||||||
11 | enhancing infection control or reducing crowding, | ||||||
12 | which may include bed-buybacks. | ||||||
13 | (5) Pandemic related stability payments made from | ||||||
14 | moneys received from the Coronavirus Relief Fund will be | ||||||
15 | distributed to providers based on a methodology to be | ||||||
16 | administered by the Department with amounts determined by | ||||||
17 | a calculation of total federal pandemic related funds | ||||||
18 | appropriated by the Illinois General Assembly for this | ||||||
19 | purpose. Providers receiving the pandemic related | ||||||
20 | stability payments will attest to their increased costs, | ||||||
21 | declining revenues, and receipt of additional pandemic | ||||||
22 | related funds directly from the federal government. | ||||||
23 | (6) Of the payments provided for by this Section made | ||||||
24 | from moneys received from the Coronavirus Relief Fund, a | ||||||
25 | minimum of 30% shall be allotted for health care providers | ||||||
26 | that serve the ZIP codes located in the most |
| |||||||
| |||||||
1 | disproportionately impacted areas of Illinois, based on | ||||||
2 | positive COVID-19 cases based on data collected by the | ||||||
3 | Department of Public Health and provided to the Department | ||||||
4 | of Healthcare and Family Services. | ||||||
5 | (7) From funds appropriated, directly or indirectly, | ||||||
6 | from moneys received by the State from the Coronavirus | ||||||
7 | State Fiscal Recovery Fund for Fiscal Years 2021 and 2022, | ||||||
8 | the Department shall expend such funds only for purposes | ||||||
9 | permitted by Section 9901 of the American Rescue Plan Act | ||||||
10 | of 2021 and related federal guidance. Such expenditures | ||||||
11 | may include, but are not limited to: payments to providers | ||||||
12 | for costs incurred due to the COVID-19 public health | ||||||
13 | emergency; unreimbursed costs for testing and treatment of | ||||||
14 | uninsured Illinois residents; costs of COVID-19 mitigation | ||||||
15 | and prevention; medical expenses related to aftercare or | ||||||
16 | extended care for COVID-19 patients with longer term | ||||||
17 | symptoms and effects; costs of behavioral health care; | ||||||
18 | costs of public health and safety staff; and expenditures | ||||||
19 | permitted in order to address (i) disparities in public | ||||||
20 | health outcomes, (ii) nursing and other essential health | ||||||
21 | care workforce investments, (iii) exacerbation of | ||||||
22 | pre-existing disparities, and (iv) promoting healthy | ||||||
23 | childhood environments. | ||||||
24 | (8) From funds appropriated, directly or indirectly, | ||||||
25 | from moneys received by the State from the Coronavirus | ||||||
26 | State Fiscal Recovery Fund for Fiscal Years 2022 and 2023, |
| |||||||
| |||||||
1 | the Department shall establish a program for making | ||||||
2 | payments to long term care service providers and | ||||||
3 | facilities, for purposes related to financial support for | ||||||
4 | workers in the long term care industry, but only as | ||||||
5 | permitted by either the CARES Act or Section 9901 of the | ||||||
6 | American Rescue Plan Act of 2021 and related federal | ||||||
7 | guidance, including, but not limited to the following: | ||||||
8 | monthly amounts of $25,000,000 per month for July 2021, | ||||||
9 | August 2021, and September 2021 where at least 50% of the | ||||||
10 | funds in July shall be passed directly to front line | ||||||
11 | workers and an additional 12.5% more in each of the next 2 | ||||||
12 | months; financial support programs for providers enhancing | ||||||
13 | direct care staff recruitment efforts through the payment | ||||||
14 | of education expenses; and financial support programs for | ||||||
15 | providers offering enhanced and expanded training for all | ||||||
16 | levels of the long term care healthcare workforce to | ||||||
17 | achieve better patient outcomes, such as training on | ||||||
18 | infection control, proper personal protective equipment, | ||||||
19 | best practices in quality of care, and culturally | ||||||
20 | competent patient communications. The Department shall | ||||||
21 | have the authority to audit and potentially recoup funds | ||||||
22 | not utilized as outlined and attested. | ||||||
23 | (8.5) From funds appropriated, directly or indirectly, | ||||||
24 | from moneys received by the State from the Coronavirus | ||||||
25 | State Fiscal Recovery Fund, the Department shall establish | ||||||
26 | a grant program to provide premium pay and retention |
| |||||||
| |||||||
1 | incentives to front line workers at facilities licensed by | ||||||
2 | the Department of Public Health under the Nursing Home | ||||||
3 | Care Act as skilled nursing facilities or intermediate | ||||||
4 | care facilities. | ||||||
5 | (A) Awards pursuant to this program shall comply | ||||||
6 | with the requirements of Section 9901 of the American | ||||||
7 | Rescue Plan Act of 2021 and all related federal | ||||||
8 | guidance. Awards shall be scaled based on a process | ||||||
9 | determined by the Department. The amount awarded to | ||||||
10 | each recipient shall not exceed $3.17 per nursing | ||||||
11 | hour. Awards shall be for eligible expenditures | ||||||
12 | incurred no earlier than May 1, 2022 and no later than | ||||||
13 | June 30, 2023. | ||||||
14 | (B) Financial assistance under this paragraph | ||||||
15 | (8.5) shall be expended only for : | ||||||
16 | (i) premium pay for eligible workers, which | ||||||
17 | must be in addition to any wages or remuneration | ||||||
18 | the eligible worker has already received and shall | ||||||
19 | be subject to the other requirements and | ||||||
20 | limitations set forth in the American Rescue Plan | ||||||
21 | Act of 2021 and related federal guidance ; and | ||||||
22 | (ii) retention incentives paid to eligible
| ||||||
23 | workers that are necessary for the facility to | ||||||
24 | respond to the impacts of the public health | ||||||
25 | emergency . | ||||||
26 | (C) Upon receipt of funds, recipients shall |
| |||||||
| |||||||
1 | distribute funds such that eligible workers receive an | ||||||
2 | amount up to $13 per hour but no more than $25,000 for | ||||||
3 | the duration of the program. Recipients shall provide | ||||||
4 | a written certification to the Department | ||||||
5 | acknowledging compliance with this paragraph. | ||||||
6 | (D) No portion of these funds shall be spent on | ||||||
7 | volunteer or temporary staff, and these funds shall | ||||||
8 | not be used to make retroactive premium payments | ||||||
9 | before the effective date of this amendatory Act of | ||||||
10 | the 102nd General Assembly. | ||||||
11 | (E) The Department shall require each recipient | ||||||
12 | under this paragraph to submit appropriate | ||||||
13 | documentation acknowledging compliance with State and | ||||||
14 | federal law.
For purposes of this paragraph, "eligible | ||||||
15 | worker" means a permanent staff member, regardless of | ||||||
16 | union affiliation, of a facility licensed by the | ||||||
17 | Department of Public Health under the Nursing Home | ||||||
18 | Care Act as a skilled nursing facility or intermediate | ||||||
19 | care facility engaged in "essential work", as defined | ||||||
20 | by Section 9901 of the American Rescue Plan Act of 2021 | ||||||
21 | and related federal guidance, and (1) whose total pay | ||||||
22 | is below 150% of the average annual wage for all | ||||||
23 | occupations in the worker's county of residence, as | ||||||
24 | defined by the Bureau of Labor Statistics Occupational | ||||||
25 | Employment and Wage Statistics, or (2) is not exempt | ||||||
26 | from the federal Fair Labor Standards Act overtime |
| |||||||
| |||||||
1 | provisions. | ||||||
2 | (9) From funds appropriated, directly or indirectly, | ||||||
3 | from moneys received by the State from the Coronavirus | ||||||
4 | State Fiscal Recovery Fund for Fiscal Years 2022 through | ||||||
5 | 2024 the Department shall establish programs for making | ||||||
6 | payments to facilities licensed under the Nursing Home | ||||||
7 | Care Act and facilities licensed under the Specialized | ||||||
8 | Mental Health Rehabilitation Act of 2013. To the extent | ||||||
9 | permitted by Section 9901 of the American Rescue Plan Act | ||||||
10 | of 2021 and related federal guidance, the programs shall | ||||||
11 | provide: | ||||||
12 | (A) Payments for making permanent improvements to | ||||||
13 | resident rooms in order to improve resident outcomes | ||||||
14 | and infection control. Funds may be used to reduce bed | ||||||
15 | capacity and room occupancy. To be eligible for | ||||||
16 | funding, a facility must submit an application to the | ||||||
17 | Department as prescribed by the Department and as | ||||||
18 | published on its website. A facility may need to | ||||||
19 | receive approval from the Health Facilities and | ||||||
20 | Services Review Board for the permanent improvements | ||||||
21 | or the removal of the beds before it can receive | ||||||
22 | payment under this paragraph.
| ||||||
23 | (B) Payments to reimburse facilities licensed by | ||||||
24 | the Department of Public Health under the Nursing Home | ||||||
25 | Care Act as skilled nursing facilities or intermediate | ||||||
26 | care facilities for eligible expenses related to the |
| |||||||
| |||||||
1 | public health impacts of the COVID-19 public health | ||||||
2 | emergency, including, but not limited to, costs | ||||||
3 | related to COVID-19 testing for residents, COVID-19 | ||||||
4 | prevention and treatment equipment, medical supplies, | ||||||
5 | and personal protective equipment. | ||||||
6 | (i) Awards made pursuant to this program shall | ||||||
7 | comply with the requirements of Section 9901 of | ||||||
8 | the American Rescue Plan Act of 2021 and all | ||||||
9 | related federal guidance. The amount awarded to | ||||||
10 | each recipient shall not exceed $1.71 per nursing | ||||||
11 | hour. Permissible expenditures must be made no | ||||||
12 | earlier than May 1, 2022 and no later than June 30, | ||||||
13 | 2023. | ||||||
14 | (ii) Financial assistance pursuant to this | ||||||
15 | paragraph shall not be expended for premium pay. | ||||||
16 | (iii) The Department shall require each | ||||||
17 | recipient under this paragraph to submit | ||||||
18 | appropriate documentation acknowledging | ||||||
19 | compliance with State and federal law. | ||||||
20 | (Source: P.A. 101-636, eff. 6-10-20; 102-16, eff. 6-17-21; | ||||||
21 | 102-687, eff. 12-17-21; 102-699, eff. 4-19-22.) | ||||||
22 | (305 ILCS 5/9A-17 new) | ||||||
23 | Sec. 9A-17. Smart Start Child Care Program. Subject to | ||||||
24 | appropriation, the Department of Human Services shall | ||||||
25 | establish the Smart Start Child Care Program. The Smart Start |
| |||||||
| |||||||
1 | Child Care Program shall focus on creating affordable child | ||||||
2 | care, as well as increasing access to child care, for Illinois | ||||||
3 | residents and may include, but is not limited to, providing | ||||||
4 | funding to increase preschool availability, providing funding | ||||||
5 | for childcare workforce compensation or capital investments, | ||||||
6 | and expanding funding for Early Childhood Access Consortium | ||||||
7 | for Equity Scholarships. The Department shall establish | ||||||
8 | program eligibility criteria, participation conditions, | ||||||
9 | payment levels, and other program requirements by rule. The | ||||||
10 | Department of Human Services may consult with the Capital | ||||||
11 | Development Board, the Department of Commerce and Economic | ||||||
12 | Opportunity, and the Illinois Housing Development Authority in | ||||||
13 | the management and disbursement of funds for capital-related | ||||||
14 | projects. The Capital Development Board, the Department of | ||||||
15 | Commerce and Economic Opportunity, and the Illinois Housing | ||||||
16 | Development Authority shall act in a consulting role only for | ||||||
17 | the evaluation of applicants, scoring of applicants, or | ||||||
18 | administration of the grant program.
| ||||||
19 | (305 ILCS 5/12-4.11) (from Ch. 23, par. 12-4.11)
| ||||||
20 | Sec. 12-4.11. Grant amounts. The Department,
with due | ||||||
21 | regard for and subject to budgetary limitations, shall | ||||||
22 | establish
grant amounts for each of the programs, by | ||||||
23 | regulation. The grant amounts may
vary by program, size of | ||||||
24 | assistance unit and geographic area. Grant amounts under the | ||||||
25 | Temporary Assistance for Needy Families (TANF) program may not |
| |||||||
| |||||||
1 | vary on the basis of a TANF recipient's county of residence.
| ||||||
2 | Aid payments shall not be reduced except: (1) for changes | ||||||
3 | in the cost of
items included in the grant amounts, or (2) for | ||||||
4 | changes in the expenses of the
recipient, or (3) for changes in | ||||||
5 | the income or resources available to the
recipient, or (4) for | ||||||
6 | changes in grants resulting from adoption of a
consolidated | ||||||
7 | grant amount.
| ||||||
8 | The maximum benefit levels provided to TANF recipients | ||||||
9 | shall increase as follows: beginning October 1, 2023 2018 , the | ||||||
10 | Department of Human Services shall increase TANF grant amounts | ||||||
11 | in effect on September 30, 2023 2018 to at least 35% 30% of the | ||||||
12 | most recent United States Department of Health and Human | ||||||
13 | Services Federal Poverty Guidelines for each family size. | ||||||
14 | Beginning October 1, 2024 2019 , and each October 1 thereafter, | ||||||
15 | the maximum benefit levels shall be annually adjusted to | ||||||
16 | remain equal to at least 35% 30% of the most recent poverty | ||||||
17 | guidelines updated periodically in the Federal Register by the | ||||||
18 | U.S. Department
of Health and Human Services under the | ||||||
19 | authority of 42 U.S.C. 9902(2) for each family size. | ||||||
20 | TANF grants for child-only assistance units shall be at | ||||||
21 | least 75% of TANF grants for assistance units of the same size | ||||||
22 | that consist of a caretaker relative with children. | ||||||
23 | In fixing standards to govern payments or reimbursements | ||||||
24 | for funeral
and burial expenses, the Department shall | ||||||
25 | establish a minimum allowable
amount of
not less than
$1,000 | ||||||
26 | for Department payment of funeral services and not less than |
| |||||||
| |||||||
1 | $500 for
Department payment of burial or cremation services. | ||||||
2 | On January 1, 2006, July 1, 2006, and July 1, 2007, the | ||||||
3 | Department shall increase the minimum reimbursement amount for | ||||||
4 | funeral and burial expenses under this Section by a percentage | ||||||
5 | equal to the percentage increase in the Consumer Price Index | ||||||
6 | for All Urban Consumers, if any, during the 12 months | ||||||
7 | immediately preceding that January 1 or July 1. In | ||||||
8 | establishing the minimum
allowable
amount, the Department | ||||||
9 | shall take into account the services
essential to a dignified, | ||||||
10 | low-cost (i) funeral and (ii) burial or
cremation, including | ||||||
11 | reasonable
amounts that may be necessary for
burial space and | ||||||
12 | cemetery charges, and any applicable taxes or other
required | ||||||
13 | governmental fees or charges. If no
person has agreed to pay | ||||||
14 | the total cost of the (i) funeral and
(ii) burial or cremation
| ||||||
15 | charges, the Department shall pay the vendor the actual costs | ||||||
16 | of the (i)
funeral
and
(ii) burial or cremation, or the minimum | ||||||
17 | allowable amount for each service as
established by
the | ||||||
18 | Department, whichever is less, provided that the Department | ||||||
19 | reduces its
payments by
the amount available from the | ||||||
20 | following sources: the decedent's assets
and
available | ||||||
21 | resources and the anticipated amounts of any death benefits | ||||||
22 | available
to the
decedent's estate, and amounts paid and | ||||||
23 | arranged to be paid by the
decedent's legally
responsible | ||||||
24 | relatives. A legally responsible relative is expected to pay
| ||||||
25 | (i) funeral and (ii) burial
or cremation expenses unless | ||||||
26 | financially unable to do so.
|
| |||||||
| |||||||
1 | Nothing contained in this Section or in any other Section | ||||||
2 | of this
Code shall be construed to prohibit the Illinois | ||||||
3 | Department (1) from
consolidating existing standards on the | ||||||
4 | basis of any standards which are
or were in effect on, or | ||||||
5 | subsequent to July 1, 1969, or (2) from
employing any | ||||||
6 | consolidated standards in determining need for public
aid and | ||||||
7 | the amount of money payment or grant for individual recipients
| ||||||
8 | or recipient families.
| ||||||
9 | (Source: P.A. 100-587, eff. 6-4-18; 101-103, eff. 7-19-19.)
| ||||||
10 | ARTICLE 20. | ||||||
11 | Section 20-5. The State Finance Act is amended by changing | ||||||
12 | Sections 12 and 12-2 as follows:
| ||||||
13 | (30 ILCS 105/12) (from Ch. 127, par. 148)
| ||||||
14 | Sec. 12.
Each voucher for traveling expenses shall | ||||||
15 | indicate the
purpose of the travel as required by applicable | ||||||
16 | travel regulations,
shall be itemized , and shall be | ||||||
17 | accompanied by all receipts specified in
the applicable travel | ||||||
18 | regulations and by a certificate, signed by the
person | ||||||
19 | incurring such expense, certifying that the amount is correct | ||||||
20 | and
just; that the detailed items charged for subsistence were | ||||||
21 | actually
paid; that the expenses were occasioned by official | ||||||
22 | business or
unavoidable delays requiring the stay of such | ||||||
23 | person at hotels for the
time specified; that the journey was |
| |||||||
| |||||||
1 | performed with all practicable
dispatch by the shortest route | ||||||
2 | usually traveled in the customary
reasonable manner; and that | ||||||
3 | such person has not been furnished with
transportation or | ||||||
4 | money in lieu thereof; for any part of the journey
therein | ||||||
5 | charged for. | ||||||
6 | Upon written approval by the Office of the Comptroller, a | ||||||
7 | State agency may maintain the original travel voucher, the | ||||||
8 | receipts, and the proof of the traveler's signature on the | ||||||
9 | traveler's certification statement at the office of the State | ||||||
10 | agency. However, except as otherwise provided in this Section | ||||||
11 | for State public institutions of higher education, nothing in | ||||||
12 | this Section shall be construed to exempt a State agency from | ||||||
13 | submitting a detailed travel voucher as prescribed by the | ||||||
14 | Office of the Comptroller. Each State public institution of | ||||||
15 | higher education is exempt from submitting a detailed travel | ||||||
16 | voucher to the Office of the Comptroller but shall retain all | ||||||
17 | receipts specified in
the applicable travel regulations and | ||||||
18 | shall annually publish a record of those expenditures on its | ||||||
19 | official website using a form that it prescribes.
| ||||||
20 | An information copy of each voucher covering a claim by a | ||||||
21 | person
subject to the official travel regulations promulgated | ||||||
22 | under Section
12-2 for travel reimbursement involving an | ||||||
23 | exception to the general
restrictions of such travel | ||||||
24 | regulations shall be filed with the
applicable travel control | ||||||
25 | board which shall consider these vouchers, or a
report | ||||||
26 | thereof, for approval. Amounts disbursed for travel |
| |||||||
| |||||||
1 | reimbursement
claims which are disapproved by the applicable | ||||||
2 | travel control board shall
be refunded by the traveler and | ||||||
3 | deposited in the fund or account from
which payment was made.
| ||||||
4 | As used in this Section, "State public institution of | ||||||
5 | higher education" means the governing boards of the University | ||||||
6 | of Illinois, Southern Illinois University, Illinois State | ||||||
7 | University, Eastern Illinois University, Northern Illinois | ||||||
8 | University, Western Illinois University, Chicago State | ||||||
9 | University, Governors State University, and Northeastern | ||||||
10 | Illinois University. | ||||||
11 | (Source: P.A. 97-932, eff. 8-10-12.)
| ||||||
12 | (30 ILCS 105/12-2) (from Ch. 127, par. 148-2)
| ||||||
13 | Sec. 12-2. Travel Regulation Council; State travel | ||||||
14 | reimbursement. | ||||||
15 | (a) The chairmen of the travel control boards established
| ||||||
16 | by Section 12-1, or their designees, shall together comprise | ||||||
17 | the Travel
Regulation Council. The Travel Regulation Council | ||||||
18 | shall be chaired by the
Director of Central Management | ||||||
19 | Services, who shall be a nonvoting member of
the Council, | ||||||
20 | unless he is otherwise qualified to vote by virtue of being
the | ||||||
21 | designee of a voting member. No later than March 1, 1986, and | ||||||
22 | at least
biennially thereafter, the Council shall adopt State | ||||||
23 | Travel Regulations and
Reimbursement Rates which shall be | ||||||
24 | applicable to all personnel subject to
the jurisdiction of the | ||||||
25 | travel control boards established by Section 12-1.
An |
| |||||||
| |||||||
1 | affirmative vote of a majority of the members of the Council | ||||||
2 | shall be
required to adopt regulations and reimbursement | ||||||
3 | rates. If the Council
fails to adopt regulations by March 1 of | ||||||
4 | any odd-numbered year, the
Director of Central Management | ||||||
5 | Services shall adopt emergency regulations
and reimbursement | ||||||
6 | rates pursuant to the Illinois Administrative Procedure Act. | ||||||
7 | As soon as practicable after the effective date of this | ||||||
8 | amendatory Act of the 102nd General Assembly, the Travel | ||||||
9 | Regulation Council and the Higher Education Travel Control | ||||||
10 | Board shall adopt amendments to their existing rules to ensure | ||||||
11 | that reimbursement rates for public institutions of higher | ||||||
12 | education, as defined in Section 1-13 of the Illinois | ||||||
13 | Procurement Code, are set in accordance with the requirements | ||||||
14 | of subsection (f) of this Section.
| ||||||
15 | (b) (Blank). Mileage for automobile travel shall be | ||||||
16 | reimbursed at the allowance
rate in effect under regulations | ||||||
17 | promulgated pursuant to 5 U.S.C. 5707(b)(2).
In the event the | ||||||
18 | rate set under federal regulations increases or decreases | ||||||
19 | during the
course of the State's fiscal year, the effective | ||||||
20 | date of the new rate shall be
the effective date of the change | ||||||
21 | in the federal rate.
| ||||||
22 | (c) (Blank). Rates for reimbursement of expenses other | ||||||
23 | than mileage shall not
exceed the actual cost of travel as | ||||||
24 | determined by the United States
Internal Revenue Service.
| ||||||
25 | (d) Reimbursements to travelers shall be made pursuant to | ||||||
26 | the rates and
regulations applicable to the respective State |
| |||||||
| |||||||
1 | agency as of the effective
date of this amendatory Act, until | ||||||
2 | the State Travel Regulations and
Reimbursement Rates | ||||||
3 | established by this Section are adopted and effective.
| ||||||
4 | (e) (Blank). Lodging in Cook County, Illinois and the | ||||||
5 | District of Columbia shall be
reimbursed at the maximum | ||||||
6 | lodging rate in effect under regulations promulgated
pursuant | ||||||
7 | to 5 U.S.C. 5701-5709. For purposes of this subsection (e), | ||||||
8 | the
District of
Columbia shall include the cities and counties | ||||||
9 | included in the per diem
locality of the
District of Columbia, | ||||||
10 | as defined by the regulations in effect promulgated
pursuant | ||||||
11 | to 5
U.S.C. 5701-5709. Individual travel control boards may | ||||||
12 | set a lodging
reimbursement rate
more restrictive than the | ||||||
13 | rate set forth in the federal regulations.
| ||||||
14 | (f) Notwithstanding any other law, travel reimbursement | ||||||
15 | rates for lodging and mileage for automobile travel, as well | ||||||
16 | as allowances for meals, shall be set for public institutions | ||||||
17 | of higher education at the maximum rates established by the | ||||||
18 | federal government for travel expenses, subsistence expenses, | ||||||
19 | and mileage allowances under 5 U.S.C. Subchapter I and | ||||||
20 | regulations promulgated thereunder. If a rate set under | ||||||
21 | federal regulations increases or decreases in the course of | ||||||
22 | the State's fiscal year, the effective date of the new rate | ||||||
23 | shall be the effective date of the change in the federal rate. | ||||||
24 | (Source: P.A. 102-1119, eff. 1-23-23.)
| ||||||
25 | ARTICLE 30. |
| |||||||
| |||||||
1 | Section 30-5. The General Assembly Operations Act is | ||||||
2 | amended by changing Section 20 as follows: | ||||||
3 | (25 ILCS 10/20) | ||||||
4 | (Section scheduled to be repealed on July 1, 2023) | ||||||
5 | Sec. 20. Legislative Budget Oversight Commission. | ||||||
6 | (a) The General Assembly hereby finds and declares that | ||||||
7 | the State is confronted with an unprecedented fiscal crisis. | ||||||
8 | In light of this crisis, and the challenges it presents for the | ||||||
9 | budgeting process, the General Assembly hereby establishes the | ||||||
10 | Legislative Budget Oversight Commission. The purpose of the | ||||||
11 | Commission is: to monitor budget management actions taken by | ||||||
12 | the Office of the Governor or Governor's Office of Management | ||||||
13 | and Budget; to oversee the distribution and expenditure of | ||||||
14 | federal financial relief for State and local governments | ||||||
15 | related to the COVID-19 pandemic; and to advise and review | ||||||
16 | planned expenditures of State and federal grants for broadband | ||||||
17 | projects. | ||||||
18 | (b) At the request of the Commission, units of local | ||||||
19 | governments and State agency directors or their respective | ||||||
20 | designees shall report to the Commission on the status and | ||||||
21 | distribution of federal CARES money and any other federal | ||||||
22 | financial relief related to the COVID-19 pandemic. | ||||||
23 | (c) In anticipation of constantly changing and | ||||||
24 | unpredictable economic circumstances, the Commission will |
| |||||||
| |||||||
1 | provide a means for the Governor's Office and the General | ||||||
2 | Assembly to maintain open communication about necessary budget | ||||||
3 | management actions during these unprecedented times. Beginning | ||||||
4 | August 15, 2020, the Governor's Office of Management and | ||||||
5 | Budget shall submit a monthly written report to the Commission | ||||||
6 | reporting any budget management actions taken by the Office of | ||||||
7 | the Governor, Governor's Office of Management and Budget, or | ||||||
8 | any State agency. At the call of one of the co-chairs, the | ||||||
9 | Governor or his or her designee shall give a report to the | ||||||
10 | Commission and each member thereof. The report shall be given | ||||||
11 | either in person or by telephonic or videoconferencing means. | ||||||
12 | The report shall include: | ||||||
13 | (1) any budget management actions taken by the Office | ||||||
14 | of the Governor, Governor's Office of Management and | ||||||
15 | Budget, or any agency or board under the Office of the | ||||||
16 | Governor in the prior quarter; | ||||||
17 | (2) year-to-date general funds revenues as compared to | ||||||
18 | anticipated revenues; | ||||||
19 | (3) year-to-date general funds expenditures as | ||||||
20 | compared to the Fiscal Year 2021 budget as enacted; | ||||||
21 | (4) a list, by program, of the number of grants | ||||||
22 | awarded, the aggregate amount of such grant awards, and | ||||||
23 | the aggregate amount of awards actually paid with respect | ||||||
24 | to all grants awarded from federal funds from the | ||||||
25 | Coronavirus Relief Fund in accordance with Section 5001 of | ||||||
26 | the federal Coronavirus Aid, Relief, and Economic Security |
| |||||||
| |||||||
1 | (CARES) Act or from the Coronavirus State Fiscal Recovery | ||||||
2 | Fund in accordance with Section 9901 of the federal | ||||||
3 | American Rescue Plan Act of 2021, which shall identify the | ||||||
4 | number of grants awarded, the aggregate amount of such | ||||||
5 | grant awards, and the aggregate amount of such awards | ||||||
6 | actually paid to grantees located in or serving a | ||||||
7 | disproportionately impacted area, as defined in the | ||||||
8 | program from which the grant is awarded; and | ||||||
9 | (5) any additional items reasonably requested by the | ||||||
10 | Commission. | ||||||
11 | (c-5) Any plans, responses to requests, letters of intent, | ||||||
12 | application materials, or other documents prepared on behalf | ||||||
13 | of the State describing the State's intended plan for | ||||||
14 | distributing grants pursuant to Division F of the | ||||||
15 | Infrastructure Investment and Jobs Act must be, to the extent | ||||||
16 | practical, provided to the Legislative Budget Oversight | ||||||
17 | Commission for review at least 30 days prior to submission to | ||||||
18 | the appropriate federal entity. If plans, responses to | ||||||
19 | requests, letters of intent, application materials, or other | ||||||
20 | documents prepared on behalf of the State describing the | ||||||
21 | State's plan or goals for distributing grants pursuant to | ||||||
22 | Division F of the Infrastructure Investment and Jobs Act | ||||||
23 | cannot practically be given the Legislative Budget Oversight | ||||||
24 | Commission 30 days prior to submission to the appropriate | ||||||
25 | federal entity, the materials shall be provided to the | ||||||
26 | Legislative Budget Oversight Commission with as much time for |
| |||||||
| |||||||
1 | review as practical. All documents provided to the Commission | ||||||
2 | shall be made available to the public on the General
| ||||||
3 | Assembly's website. However, the following information shall | ||||||
4 | be redacted from any documents made available to the public: | ||||||
5 | (i) information specifically prohibited from disclosure by | ||||||
6 | federal or State law or federal or State rules and | ||||||
7 | regulations; (ii) trade secrets; (iii) security sensitive | ||||||
8 | information; and (iv) proprietary, privileged, or confidential | ||||||
9 | commercial or financial information from a privately held | ||||||
10 | person or business which, if disclosed, would cause | ||||||
11 | competitive harm. Members of the public and interested parties | ||||||
12 | may submit written
comments to the Commission for | ||||||
13 | consideration. Prior to the State's submission to the
| ||||||
14 | appropriate federal entity pursuant to this subsection, the | ||||||
15 | Commission shall conduct at least
one public hearing during | ||||||
16 | which members of the public and other interested parties may | ||||||
17 | file
written comments with and offer testimony before the | ||||||
18 | Commission. After completing its review
and consideration of | ||||||
19 | any such testimony offered and written public comments | ||||||
20 | received, the
Commission shall submit its written comments and | ||||||
21 | suggestions to the Governor or designated
State entity | ||||||
22 | responsible for administering the grant programs under | ||||||
23 | Division F of the
Infrastructure Investment and Jobs Act on | ||||||
24 | behalf of the State.
The Governor, or designated State entity | ||||||
25 | responsible for administering the grant programs pursuant to | ||||||
26 | Division F of the Infrastructure Investment and Jobs Act, must |
| |||||||
| |||||||
1 | consider comments and suggestions provided by the members of | ||||||
2 | the Legislative Budget Oversight Commission and members of the | ||||||
3 | public. | ||||||
4 | (c-10) At the request of the Commission, the Governor or | ||||||
5 | the designated State entity responsible for administering | ||||||
6 | programs under Division F of the Infrastructure Investment and | ||||||
7 | Jobs Act on behalf of the State must report on the grants | ||||||
8 | issued by the State pursuant to the programs under Division F | ||||||
9 | of the Infrastructure Investment and Jobs Act. | ||||||
10 | (d) The Legislative Budget Oversight Commission shall | ||||||
11 | consist of the following members: | ||||||
12 | (1) 7 members of the House of Representatives | ||||||
13 | appointed by the Speaker of the House of Representatives; | ||||||
14 | (2) 7 members of the Senate appointed by the Senate | ||||||
15 | President; | ||||||
16 | (3) 4 members of the House of Representatives | ||||||
17 | appointed by the Minority Leader of the House of | ||||||
18 | Representatives; and | ||||||
19 | (4) 4 members of the Senate appointed by the Senate | ||||||
20 | Minority Leader. | ||||||
21 | (e) The Speaker of the House of Representatives and the | ||||||
22 | Senate President shall each appoint one member of the | ||||||
23 | Commission to serve as a co-chair. The members of the | ||||||
24 | Commission shall serve without compensation. | ||||||
25 | (f) As used in this Section: | ||||||
26 | "Budget management action" means any fund transfer |
| |||||||
| |||||||
1 | directed by the Governor or the Governor's Office of | ||||||
2 | Management and Budget, designation of appropriation lines as | ||||||
3 | reserve, or any other discretionary action taken with regard | ||||||
4 | to the budget as enacted; | ||||||
5 | "State agency" means all officers, boards, commissions, | ||||||
6 | departments, and agencies created by the Constitution, by law, | ||||||
7 | by Executive Order, or by order of the Governor in the | ||||||
8 | Executive Branch, other than the Offices of the Attorney | ||||||
9 | General, Secretary of State, Comptroller, or Treasurer. | ||||||
10 | (g) This Section is repealed July 1, 2024 2023 .
| ||||||
11 | (Source: P.A. 101-636, eff. 6-10-20; 102-16, eff. 6-17-21; | ||||||
12 | 102-699, eff. 4-19-22.) | ||||||
13 | ARTICLE 35. | ||||||
14 | Section 35-5. The Department of Commerce and Economic | ||||||
15 | Opportunity Law of the
Civil Administrative Code of Illinois | ||||||
16 | is amended by changing Section 605-705 as follows:
| ||||||
17 | (20 ILCS 605/605-705) (was 20 ILCS 605/46.6a)
| ||||||
18 | Sec. 605-705. Grants to local tourism and convention | ||||||
19 | bureaus.
| ||||||
20 | (a) To establish a grant program for local tourism and
| ||||||
21 | convention bureaus. The Department will develop and implement | ||||||
22 | a program
for the use of funds, as authorized under this Act, | ||||||
23 | by local tourism and
convention bureaus. For the purposes of |
| |||||||
| |||||||
1 | this Act,
bureaus eligible to receive funds are those local | ||||||
2 | tourism and
convention bureaus that are (i) either units of | ||||||
3 | local government or
incorporated as not-for-profit | ||||||
4 | organizations; (ii) in legal existence
for a minimum of 2 | ||||||
5 | years before July 1, 2001; (iii) operating with a
paid, | ||||||
6 | full-time staff whose sole purpose is to promote tourism in | ||||||
7 | the
designated service area; and (iv) affiliated with one or | ||||||
8 | more
municipalities or counties that support the bureau with | ||||||
9 | local hotel-motel
taxes. After July 1, 2001, bureaus | ||||||
10 | requesting certification in
order to receive funds for the | ||||||
11 | first time must be local tourism and
convention bureaus that | ||||||
12 | are (i) either units of local government or
incorporated as | ||||||
13 | not-for-profit organizations; (ii) in legal existence
for a | ||||||
14 | minimum of 2 years before the request for certification; (iii)
| ||||||
15 | operating with a paid, full-time staff whose sole purpose is | ||||||
16 | to promote
tourism in the designated service area; and (iv) | ||||||
17 | affiliated with
multiple municipalities or counties that | ||||||
18 | support the bureau with local
hotel-motel taxes. Each bureau | ||||||
19 | receiving funds under this Act will be
certified by the | ||||||
20 | Department as the designated recipient to serve an area of
the | ||||||
21 | State.
Notwithstanding the criteria set forth in this | ||||||
22 | subsection (a), or any rule
adopted under this subsection (a), | ||||||
23 | the Director of the Department may
provide for the award of | ||||||
24 | grant funds to one or more entities if in the
Department's | ||||||
25 | judgment that action is necessary in order to prevent a loss of
| ||||||
26 | funding critical to promoting tourism in a designated |
| |||||||
| |||||||
1 | geographic area of the
State.
| ||||||
2 | (b) To distribute grants to local tourism and convention | ||||||
3 | bureaus from
appropriations made from the Local Tourism Fund | ||||||
4 | for that purpose. Of the
amounts appropriated annually to the | ||||||
5 | Department for expenditure under this
Section prior to July 1, | ||||||
6 | 2011, one-third of those monies shall be used for grants to | ||||||
7 | convention and
tourism bureaus in cities with a population | ||||||
8 | greater than 500,000. The
remaining two-thirds of the annual | ||||||
9 | appropriation prior to July 1, 2011 shall be used for grants to
| ||||||
10 | convention and tourism bureaus in the
remainder of the State, | ||||||
11 | in accordance with a formula based upon the
population served. | ||||||
12 | Of the amounts appropriated annually to the Department for | ||||||
13 | expenditure under this Section beginning July 1, 2011, 18% of | ||||||
14 | such moneys shall be used for grants to convention and tourism | ||||||
15 | bureaus in cities with a population greater than 500,000. Of | ||||||
16 | the amounts appropriated annually to the Department for | ||||||
17 | expenditure under this Section beginning July 1, 2011, 82% of | ||||||
18 | such moneys shall be used for grants to convention bureaus in | ||||||
19 | the remainder of the State, in accordance with a formula based | ||||||
20 | upon the population served. The Department may reserve up to | ||||||
21 | 3% of total
local tourism funds available for costs of | ||||||
22 | administering the program to conduct audits of grants, to | ||||||
23 | provide incentive funds to
those
bureaus that will conduct | ||||||
24 | promotional activities designed to further the
Department's | ||||||
25 | statewide advertising campaign, to fund special statewide
| ||||||
26 | promotional activities, and to fund promotional activities |
| |||||||
| |||||||
1 | that support an
increased use of the State's parks or historic | ||||||
2 | sites. The Department shall require that any convention and | ||||||
3 | tourism bureau receiving a grant under this Section that | ||||||
4 | requires matching funds shall provide matching funds equal to | ||||||
5 | no less than 50% of the grant amount except that in Fiscal | ||||||
6 | Years 2021 through 2024 2023 only, the Department shall | ||||||
7 | require that any convention and tourism bureau receiving a | ||||||
8 | grant under this Section that requires matching funds shall | ||||||
9 | provide matching funds equal to no less than 25% of the grant | ||||||
10 | amount. During fiscal year 2013, the Department shall reserve | ||||||
11 | $2,000,000 of the available local tourism funds for | ||||||
12 | appropriation to the Historic Preservation Agency for the | ||||||
13 | operation of the Abraham Lincoln Presidential Library and | ||||||
14 | Museum and State historic sites. | ||||||
15 | To provide for the expeditious and timely implementation | ||||||
16 | of the changes made by Public Act 101-636, emergency rules to | ||||||
17 | implement the changes made by Public Act 101-636 may be | ||||||
18 | adopted by the Department subject to the provisions of Section | ||||||
19 | 5-45 of the Illinois Administrative Procedure Act.
| ||||||
20 | (Source: P.A. 101-636, eff. 6-10-20; 102-16, eff. 6-17-21; | ||||||
21 | 102-699, eff. 4-19-22.)
| ||||||
22 | ARTICLE 40. | ||||||
23 | Section 40-5. The Department of Commerce and Economic | ||||||
24 | Opportunity Law of the
Civil Administrative Code of Illinois |
| |||||||
| |||||||
1 | is amended by changing Section 605-1105 as follows: | ||||||
2 | (20 ILCS 605/605-1105) | ||||||
3 | Sec. 605-1105. Local chambers of commerce recovery grants | ||||||
4 | and business program . | ||||||
5 | (a) Subject Upon receipt or availability of the State or | ||||||
6 | federal funds described in subsection (b), and subject to | ||||||
7 | appropriation of those funds for the purposes described in | ||||||
8 | this Section, the Department of Commerce and Economic | ||||||
9 | Opportunity shall establish a program to award grants to local | ||||||
10 | chambers of commerce. | ||||||
11 | (a-5) This subsection applies to grants under this Section | ||||||
12 | that are funded by State or federal funds that are allocated to | ||||||
13 | the State under the authority of legislation passed in | ||||||
14 | response to the COVID-19 pandemic. The Department shall award | ||||||
15 | an aggregate amount of up to $5,000,000 in grants under this | ||||||
16 | subsection Section to eligible chambers of commerce. Each | ||||||
17 | eligible chamber of commerce that applies to the Department | ||||||
18 | for a grant under this subsection Section shall certify to the | ||||||
19 | Department the difference between the chamber of commerce's | ||||||
20 | total annual revenue in calendar year 2019 and the chamber of | ||||||
21 | commerce's total annual revenue in calendar year 2020. The | ||||||
22 | maximum amount that may be awarded to any eligible chamber of | ||||||
23 | commerce during the first round of grants under this | ||||||
24 | subsection is one-sixth of the certified amount. In | ||||||
25 | determining grant amounts awarded under this subsection Act , |
| |||||||
| |||||||
1 | the Department may consider any awards that the chamber of | ||||||
2 | commerce has received from the Back to Business Grant Program | ||||||
3 | or the Business Interruption Grant Program. If the entire | ||||||
4 | amount of moneys appropriated for the purposes of this | ||||||
5 | subsection Section has not been allocated after a first round | ||||||
6 | of grants is made, the Department may award additional funds | ||||||
7 | to eligible chambers of commerce from the remaining funds. | ||||||
8 | (a-10) This subsection applies to grants awarded under | ||||||
9 | this Section from sources other than State or federal funds | ||||||
10 | that are allocated to the State under the authority or | ||||||
11 | legislation passed in response to the COVID-19 pandemic. | ||||||
12 | Grants under this subsection may be used to market and develop | ||||||
13 | the service area of the chamber of commerce for the purposes of | ||||||
14 | generating local, county, and State business taxes and | ||||||
15 | providing small businesses with professional development, | ||||||
16 | business guidance, and best practices for sustainability. No | ||||||
17 | single chamber of commerce shall receive grant awards under | ||||||
18 | this subsection in excess of $50,000 in any State fiscal year. | ||||||
19 | (a-15) Grants awarded under subsection (a-5) or (a-10) of | ||||||
20 | this Section shall not be used to make any direct lobbying | ||||||
21 | expenditure, as defined in subsection (c) of Section 4911 of | ||||||
22 | the Internal Revenue Code, or to engage in any political | ||||||
23 | campaign activity described in Section 501(c)(3) of the | ||||||
24 | Internal Revenue Code. | ||||||
25 | (b) For grants awarded under subsection (a-5), the The | ||||||
26 | Department may use State funds and federal funds that are |
| |||||||
| |||||||
1 | allocated to the State under the authority of legislation | ||||||
2 | passed in response to the COVID-19 pandemic to provide grants | ||||||
3 | under this Section. Those federal funds include, but are not | ||||||
4 | limited to, funds allocated to the State under the American | ||||||
5 | Rescue Plan Act of 2021. Any federal moneys used for this | ||||||
6 | purpose shall be used in accordance with the federal | ||||||
7 | legislation authorizing the use of those funds and related | ||||||
8 | federal guidance as well as any other applicable State and | ||||||
9 | federal laws. For grants awarded under subsection (a-10), the | ||||||
10 | Department may use general revenue funds or any other funds | ||||||
11 | that may lawfully be used for the purposes of this Section. | ||||||
12 | (c) The Department may adopt any rules necessary to | ||||||
13 | implement and administer the grant program created by this | ||||||
14 | Section. The emergency rulemaking process may be used to | ||||||
15 | promulgate the initial rules of the program following the | ||||||
16 | effective date of this amendatory Act of the 102nd General | ||||||
17 | Assembly. | ||||||
18 | (d) As used in this Section, "eligible chamber of | ||||||
19 | commerce" means an a voluntary membership, dues-paying | ||||||
20 | organization of business and professional persons dedicated to | ||||||
21 | improving the economic climate and business development of the | ||||||
22 | community, area, or region in which the organization is | ||||||
23 | located and that: | ||||||
24 | (1) operates as an approved not-for-profit | ||||||
25 | corporation; | ||||||
26 | (2) is tax-exempt under Section 501(c)(3) or Section |
| |||||||
| |||||||
1 | 501(c)(6) of the Internal Revenue Code of 1986; | ||||||
2 | (3) has an annual revenue of $1,000,000 or less; and | ||||||
3 | (4) files a 990 federal tax form with the Internal | ||||||
4 | Revenue Service; | ||||||
5 | (5) has or will have each of the following at the time | ||||||
6 | of award determination: | ||||||
7 | (A) governance bylaws; | ||||||
8 | (B) financial policies and procedures; and | ||||||
9 | (C) a mission and vision statement; and | ||||||
10 | (6) for grants awarded under subsection (a-5), (4) has | ||||||
11 | experienced an identifiable negative economic impact | ||||||
12 | resulting from or exacerbated by the public health | ||||||
13 | emergency or served a community disproportionately | ||||||
14 | impacted by a public health emergency.
| ||||||
15 | (Source: P.A. 102-1115, eff. 1-9-23.) | ||||||
16 | ARTICLE 55. | ||||||
17 | Section 55-5. The Department of Healthcare and Family | ||||||
18 | Services Law of the
Civil Administrative Code of Illinois is | ||||||
19 | amended by adding Section 2205-36 as follows: | ||||||
20 | (20 ILCS 2205/2205-36 new) | ||||||
21 | Sec. 2205-36. Breakthrough Therapies for Veteran Suicide | ||||||
22 | Prevention Program Advisory Council. | ||||||
23 | (a) There is created within the Department of Healthcare |
| |||||||
| |||||||
1 | and Family Services the Breakthrough Therapies for Veteran | ||||||
2 | Suicide Prevention Program Advisory Council. The Council shall | ||||||
3 | advise the Department on the rules and clinical infrastructure | ||||||
4 | necessary to support clinical access to and training for | ||||||
5 | medication-assisted United States Food and Drug Administration | ||||||
6 | breakthrough therapies for veteran suicide prevention. In | ||||||
7 | advising the Department under this Section, the Council shall | ||||||
8 | advise the Department on: | ||||||
9 | (1) the award of grants for breakthrough therapy | ||||||
10 | treatment through the Veteran Suicide Prevention Program; | ||||||
11 | (2) the necessary education, training, licensing, and | ||||||
12 | credentialing of providers; | ||||||
13 | (3) patient safety and harm reduction; | ||||||
14 | (4) costs, insurance reimbursement, and strategies to | ||||||
15 | safely increase affordable access to care, including the | ||||||
16 | use of group therapy; | ||||||
17 | (5) standards for treatment facilities; | ||||||
18 | (6) relevant federal regulations and guidelines that | ||||||
19 | relevant State agencies may consider adopting; | ||||||
20 | (7) assisting with the development of public awareness | ||||||
21 | and education campaigns related to veteran suicides; | ||||||
22 | (8) additional funding needed for subsidized patient | ||||||
23 | access and provider and therapist training; | ||||||
24 | (9) overall Fund budget; | ||||||
25 | (10) periodic Fund evaluation; | ||||||
26 | (11) developing criteria and standards for the award |
| |||||||
| |||||||
1 | of grants and fellowships; | ||||||
2 | (12) developing and providing oversight regarding | ||||||
3 | mechanisms for the dissemination of treatment and training | ||||||
4 | data; and | ||||||
5 | (13) developing provisions to ensure justice, equity, | ||||||
6 | diversity, and inclusion are considered in the | ||||||
7 | administration of grants and recommendations made to the | ||||||
8 | Department. | ||||||
9 | (b) The Council shall consist of 9 members: | ||||||
10 | (1) three members appointed by the Governor; | ||||||
11 | (2) two members appointed by the President of the | ||||||
12 | Senate; | ||||||
13 | (3) two members appointed by the Speaker of the House | ||||||
14 | of Representatives; | ||||||
15 | (4) one member appointed by The Minority Leader of the | ||||||
16 | Senate; and | ||||||
17 | (5) one member appointed by the Minority Leader of the | ||||||
18 | House. | ||||||
19 | (c) The Council shall include at least 3 veterans. The | ||||||
20 | Council shall also include members with expertise in | ||||||
21 | breakthrough therapy research, clinical mental health | ||||||
22 | treatment, public health, access to mental and behavioral | ||||||
23 | healthcare in underserved communities, veteran mental and | ||||||
24 | behavioral healthcare, and harm reduction. The Department of | ||||||
25 | Healthcare and Family Services shall provide administrative | ||||||
26 | support to the Council. |
| |||||||
| |||||||
1 | (d) The Council shall adopt internal organizational | ||||||
2 | procedures as necessary for its efficient organization. | ||||||
3 | (e) Members of the Council shall serve without | ||||||
4 | compensation. | ||||||
5 | ARTICLE 60. | ||||||
6 | Section 60-5. The Secretary of State Act is amended by | ||||||
7 | changing Section 18 as follows: | ||||||
8 | (15 ILCS 305/18) | ||||||
9 | Sec. 18. Electronic Filing Supplemental Deposits into | ||||||
10 | Department of Business Services Special Operations Fund. When | ||||||
11 | a submission to the Secretary of State is made electronically, | ||||||
12 | but does not include a request for expedited services, | ||||||
13 | pursuant to the provisions of this amendatory Act of the 100th | ||||||
14 | General Assembly up to $25 for each such transaction under the | ||||||
15 | General Not For Profit Corporation Act of 1986 and up to $50 | ||||||
16 | from each such transaction under the Business Corporation Act | ||||||
17 | of 1983, the Limited Liability Company Act, or the Uniform | ||||||
18 | Limited Partnership Act (2001) shall be deposited into the | ||||||
19 | Department of Business Services Special Operations Fund, and | ||||||
20 | the remainder of any fee deposited into the General Revenue | ||||||
21 | Fund. However, in no circumstance may the supplemental | ||||||
22 | deposits provided by this Section cause the total deposits | ||||||
23 | into the Special Operations Fund in any fiscal year from |
| |||||||
| |||||||
1 | electronic submissions under the Business Corporation Act of | ||||||
2 | 1983, the General Not For Profit Corporation Act of 1986, the | ||||||
3 | Limited Liability Company Act, the Uniform Partnership Act | ||||||
4 | (1997), and the Uniform Limited Partnership Act (2001), | ||||||
5 | whether or not for expedited services, to exceed $11,326,225. | ||||||
6 | The Secretary of State has the authority to adopt rules | ||||||
7 | necessary to implement this Section, in accordance with the | ||||||
8 | Illinois Administrative Procedure Act. This Section does not | ||||||
9 | apply on or after July 1, 2023.
| ||||||
10 | (Source: P.A. 102-16, eff. 6-17-21.) | ||||||
11 | Section 60-10. The State Finance Act is amended by | ||||||
12 | changing Sections 6z-34 and 6z-70 as follows:
| ||||||
13 | (30 ILCS 105/6z-34)
| ||||||
14 | Sec. 6z-34. Secretary of State Special Services Fund. | ||||||
15 | There
is created in the State Treasury a special fund to be | ||||||
16 | known as the Secretary of
State Special Services Fund. Moneys | ||||||
17 | deposited into the Fund may, subject to
appropriation, be used | ||||||
18 | by the Secretary of State for any or all of the
following | ||||||
19 | purposes:
| ||||||
20 | (1) For general automation efforts within operations | ||||||
21 | of the Office of
Secretary of State.
| ||||||
22 | (2) For technology applications in any form that will | ||||||
23 | enhance the
operational capabilities of the Office of | ||||||
24 | Secretary of State.
|
| |||||||
| |||||||
1 | (3) To provide funds for any type of library grants | ||||||
2 | authorized and
administered by the Secretary of State as | ||||||
3 | State Librarian. | ||||||
4 | (4) For the purposes of the Secretary of State's | ||||||
5 | operating program expenses related to the enforcement of | ||||||
6 | administrative laws related to vehicles and | ||||||
7 | transportation.
| ||||||
8 | These funds are in addition to any other funds otherwise | ||||||
9 | authorized to the
Office of Secretary of State for like or | ||||||
10 | similar purposes.
| ||||||
11 | On August 15, 1997, all fiscal year 1997 receipts that | ||||||
12 | exceed the
amount of $15,000,000 shall be transferred from | ||||||
13 | this Fund to the Technology Management Revolving Fund | ||||||
14 | (formerly known as the Statistical
Services Revolving Fund); | ||||||
15 | on August 15, 1998 and each year thereafter
through 2000, all
| ||||||
16 | receipts from the fiscal year ending on the previous June 30th | ||||||
17 | that exceed the
amount of $17,000,000 shall be transferred | ||||||
18 | from this Fund to the Technology Management Revolving Fund | ||||||
19 | (formerly known as the Statistical
Services Revolving Fund); | ||||||
20 | on August 15, 2001 and each year thereafter
through 2002, all
| ||||||
21 | receipts from the fiscal year ending on the previous June 30th | ||||||
22 | that exceed the
amount of $19,000,000 shall be transferred | ||||||
23 | from this Fund to the Technology Management Revolving Fund | ||||||
24 | (formerly known as the Statistical
Services Revolving Fund); | ||||||
25 | and on August 15, 2003 and each year thereafter through 2022 , | ||||||
26 | all
receipts from the fiscal year ending on the previous June |
| |||||||
| |||||||
1 | 30th that exceed the
amount of $33,000,000 shall be | ||||||
2 | transferred from this Fund to the Technology Management | ||||||
3 | Revolving Fund (formerly known as the Statistical
Services | ||||||
4 | Revolving Fund).
| ||||||
5 | (Source: P.A. 100-23, eff. 7-6-17; 101-10, eff. 6-5-19.)
| ||||||
6 | (30 ILCS 105/6z-70) | ||||||
7 | Sec. 6z-70. The Secretary of State Identification Security | ||||||
8 | and Theft Prevention Fund. | ||||||
9 | (a) The Secretary of State Identification Security and | ||||||
10 | Theft Prevention Fund is created as a special fund in the State | ||||||
11 | treasury. The Fund shall consist of any fund transfers, | ||||||
12 | grants, fees, or moneys from other sources received for the | ||||||
13 | purpose of funding identification security and theft | ||||||
14 | prevention measures. | ||||||
15 | (b) All moneys in the Secretary of State Identification | ||||||
16 | Security and Theft Prevention Fund shall be used, subject to | ||||||
17 | appropriation, for any costs related to implementing | ||||||
18 | identification security and theft prevention measures. | ||||||
19 | (c) (Blank).
| ||||||
20 | (d) (Blank). | ||||||
21 | (e) (Blank). | ||||||
22 | (f) (Blank). | ||||||
23 | (g) (Blank). | ||||||
24 | (h) (Blank). | ||||||
25 | (i) (Blank). |
| |||||||
| |||||||
1 | (j) (Blank). | ||||||
2 | (k) (Blank). | ||||||
3 | (l) (Blank). | ||||||
4 | (m) (Blank). | ||||||
5 | (n) (Blank). Notwithstanding any other provision of State | ||||||
6 | law to the contrary, on or after July 1, 2021, and until June | ||||||
7 | 30, 2022, in addition to any other transfers that may be | ||||||
8 | provided for by law, at the direction of and upon notification | ||||||
9 | of the Secretary of State, the State Comptroller shall direct | ||||||
10 | and the State Treasurer shall transfer amounts into the | ||||||
11 | Secretary of State Identification Security and Theft | ||||||
12 | Prevention Fund from the designated funds not exceeding the | ||||||
13 | following totals: | ||||||
14 | Division of Corporations Registered Limited | ||||||
15 | Liability Partnership Fund $287,000 | ||||||
16 | Securities Investors Education Fund $1,500,000 | ||||||
17 | Department of Business Services Special | ||||||
18 | Operations Fund $4,500,000 | ||||||
19 | Securities Audit and Enforcement Fund $5,000,000 | ||||||
20 | Corporate Franchise Tax Refund Fund $3,000,000 | ||||||
21 | (o) Notwithstanding any other provision of State law to | ||||||
22 | the contrary, on or after July 1, 2022, and until June 30, | ||||||
23 | 2023, in addition to any other transfers that may be provided | ||||||
24 | for by law, at the direction of and upon notification of the | ||||||
25 | Secretary of State, the State Comptroller shall direct and the | ||||||
26 | State Treasurer shall transfer amounts into the Secretary of |
| |||||||
| |||||||
1 | State Identification Security and Theft Prevention Fund from | ||||||
2 | the designated funds not exceeding the following totals: | ||||||
3 | Division of Corporations Registered Limited | ||||||
4 | Liability Partnership Fund ..................$400,000 | ||||||
5 | Department of Business Services Special | ||||||
6 | Operations Fund ...........................$5,500,000 | ||||||
7 | Securities Audit and Enforcement Fund .........$4,000,000 | ||||||
8 | Corporate Franchise Tax Refund Fund ...........$4,000,000 | ||||||
9 | (p) Notwithstanding any other provision of State law to | ||||||
10 | the contrary, on or after July 1, 2023, and until June 30, | ||||||
11 | 2024, in addition to any other transfers that may be provided | ||||||
12 | for by law, at the direction of and upon notification of the | ||||||
13 | Secretary of State, the State Comptroller shall direct and the | ||||||
14 | State Treasurer shall transfer amounts into the Secretary of | ||||||
15 | State Identification Security and Theft Prevention Fund from | ||||||
16 | the designated funds not exceeding the following totals: | ||||||
17 | Division of Corporations Registered Limited | ||||||
18 | Liability Partnership Fund ...................$400,000 | ||||||
19 | Department of Business Services Special | ||||||
20 | Operations Fund ............................$5,500,000 | ||||||
21 | Securities Audit and Enforcement Fund ..........$4,000,000 | ||||||
22 | (Source: P.A. 101-10, eff. 6-5-19; 101-636, eff. 6-10-20; | ||||||
23 | 102-16, eff. 6-17-21; 102-699, eff. 4-19-22.) | ||||||
24 | Section 60-15. The Business Corporation Act of 1983 is | ||||||
25 | amended by changing Section 15.97 as follows:
|
| |||||||
| |||||||
1 | (805 ILCS 5/15.97) (from Ch. 32, par. 15.97)
| ||||||
2 | (Section scheduled to be repealed on December 31, 2024)
| ||||||
3 | Sec. 15.97. Corporate Franchise Tax Refund Fund.
| ||||||
4 | (a) Beginning July 1, 1993, a percentage of the amounts | ||||||
5 | collected
under Sections 15.35, 15.45, 15.65, and 15.75 of | ||||||
6 | this Act shall be
deposited into the Corporate Franchise Tax | ||||||
7 | Refund Fund, a special Fund
hereby created in the State | ||||||
8 | treasury. From July 1, 1993, until December 31,
1994, there | ||||||
9 | shall be deposited into the Fund 3% of the amounts received
| ||||||
10 | under those Sections. Beginning January 1, 1995, and for each | ||||||
11 | fiscal year
beginning thereafter, 2% of the amounts collected | ||||||
12 | under those Sections
during the preceding fiscal year shall be | ||||||
13 | deposited into the Fund.
| ||||||
14 | (b) Beginning July 1, 1993, moneys in the Fund shall be | ||||||
15 | expended
exclusively for the purpose of paying refunds payable | ||||||
16 | because of overpayment
of franchise taxes, penalties, or | ||||||
17 | interest under Sections 13.70, 15.35,
15.45, 15.65, 15.75, and | ||||||
18 | 16.05 of this
Act and making transfers authorized under this | ||||||
19 | Section. Refunds in
accordance with the provisions of | ||||||
20 | subsections (f) and (g) of Section 1.15
and Section 1.17 of | ||||||
21 | this Act may be made from the Fund only to the extent that
| ||||||
22 | amounts collected under Sections 15.35, 15.45, 15.65, and | ||||||
23 | 15.75 of this Act
have been deposited in the Fund and remain | ||||||
24 | available. On or before August 31 of each year, the balance in | ||||||
25 | the Fund in excess of $100,000 shall be transferred to the |
| |||||||
| |||||||
1 | General Revenue Fund. Notwithstanding the provisions of this | ||||||
2 | subsection, for the period commencing on or after July 1, | ||||||
3 | 2022, amounts in the fund shall not be transferred to the | ||||||
4 | General Revenue Fund and shall be used to pay refunds in | ||||||
5 | accordance with the provisions of this Act. Within a | ||||||
6 | reasonable time after December 31, 2022, the Secretary of | ||||||
7 | State shall direct and the Comptroller shall order transferred | ||||||
8 | to the General Revenue Fund all amounts remaining in the fund.
| ||||||
9 | (c) This Act shall constitute an irrevocable and | ||||||
10 | continuing
appropriation from the Corporate Franchise Tax | ||||||
11 | Refund Fund for the purpose
of paying refunds upon the order of | ||||||
12 | the Secretary of State in accordance
with the provisions of | ||||||
13 | this Section.
| ||||||
14 | (d) This Section is repealed on December 31, 2024. | ||||||
15 | (Source: P.A. 101-9, eff. 6-5-19; 102-282, eff. 1-1-22 .)
| ||||||
16 | Section 60-20. The Limited Liability Company Act is | ||||||
17 | amended by changing Section 50-55 as follows: | ||||||
18 | (805 ILCS 180/50-55) | ||||||
19 | Sec. 50-55. Disposition of fees. Of Until July 1, 2021, of | ||||||
20 | the total money collected for the filing of annual reports | ||||||
21 | under this Act, $10 of the filing fee shall be paid into the | ||||||
22 | Department of Business Services Special Operations Fund. The | ||||||
23 | remaining money collected for the filing of annual reports | ||||||
24 | under this Act shall be deposited into the General Revenue |
| |||||||
| |||||||
1 | Fund in the State Treasury.
| ||||||
2 | (Source: P.A. 100-561, eff. 7-1-18 .) | ||||||
3 | ARTICLE 65. | ||||||
4 | Section 65-5. The State Budget Law of the Civil | ||||||
5 | Administrative Code of Illinois is amended by changing Section | ||||||
6 | 50-25 as follows: | ||||||
7 | (15 ILCS 20/50-25) | ||||||
8 | Sec. 50-25. Statewide prioritized goals. | ||||||
9 | (a) Definitions. As used in this Section: | ||||||
10 | "Commission" means the Budgeting for Results Commission | ||||||
11 | established by this Section. | ||||||
12 | "Result area" means major organizational categories of | ||||||
13 | State government as defined by the Governor. | ||||||
14 | "Outcome area" means subcategories of result areas that | ||||||
15 | further define, and facilitate the measurement of the result | ||||||
16 | area, as established by the Governor. | ||||||
17 | (b) Statewide prioritized goals. For fiscal year 2025 2012 | ||||||
18 | and each fiscal year thereafter, prior to the submission of | ||||||
19 | the State budget, the Governor, in consultation with the | ||||||
20 | Commission appropriation committees of the General Assembly | ||||||
21 | and, beginning with budgets prepared for fiscal year 2013, the | ||||||
22 | commission established under this Section, shall: (i) identify | ||||||
23 | statewide result areas prioritize outcomes that are most |
| |||||||
| |||||||
1 | important for each State agency of the executive branch under | ||||||
2 | the jurisdiction of the Governor to achieve for the next | ||||||
3 | fiscal year and (ii) identify outcome areas, which further | ||||||
4 | define the statewide result areas, into which State programs | ||||||
5 | and associated spending can be categorized set goals to | ||||||
6 | accomplish those outcomes according to the priority of the | ||||||
7 | outcome . There must be a reasonable number of annually defined | ||||||
8 | statewide result and outcome areas goals defining State | ||||||
9 | priorities for the budget. Each result and outcome goal shall | ||||||
10 | be further defined to facilitate success in achieving that | ||||||
11 | result or outcome goal . | ||||||
12 | (c) Budgeting for Results Commission. On or after July 31, | ||||||
13 | 2024 No later than July 31 of each fiscal year beginning in | ||||||
14 | fiscal year 2012 , the Governor shall establish a commission | ||||||
15 | for the purpose of advising the Governor in the implementation | ||||||
16 | of performance-based budgeting in Illinois State government, | ||||||
17 | setting statewide result and outcome areas, and providing | ||||||
18 | oversight and guidance for comprehensive program assessments | ||||||
19 | and benefit-cost analysis of State agency programs those | ||||||
20 | outcomes and goals, including the timeline for achieving those | ||||||
21 | outcomes and goals . | ||||||
22 | (1) Membership. The commission shall be composed of | ||||||
23 | voting and non-voting members appointed by the Governor. | ||||||
24 | The commission shall be a well-balanced group and shall be | ||||||
25 | not more than 15 and not less than 8 members. Members | ||||||
26 | appointed by the Governor shall serve a three-year term, |
| |||||||
| |||||||
1 | beginning and ending on July 1 of each year. Vacancies in | ||||||
2 | Commission membership shall be filled in the same manner | ||||||
3 | as initial appointments. Appointments to fill vacancies | ||||||
4 | occurring before the expiration of a term shall be for the | ||||||
5 | remainder of the term. Members shall serve until their | ||||||
6 | successors are appointed. a manageable size. | ||||||
7 | (2) Bylaws. The commission may adopt bylaws for the | ||||||
8 | regulation of its affairs and the conduct of its business. | ||||||
9 | (3) Quorum. Total membership of the Commission | ||||||
10 | consists of the number of voting members serving on the | ||||||
11 | Commission, not including any vacant positions. A quorum | ||||||
12 | consists of a simple majority of total voting membership | ||||||
13 | and shall be sufficient to conduct the business of the | ||||||
14 | commission, unless stipulated otherwise in the bylaws of | ||||||
15 | the commission. A member may submit a proxy in writing to | ||||||
16 | the Commission Co-Chairs or the Commission Staff Director | ||||||
17 | no later than 24 hours before a scheduled meeting, and | ||||||
18 | that proxy shall count toward the quorum for that meeting | ||||||
19 | only. | ||||||
20 | (4) Chairpersons. Two Co-Chairs of the commission | ||||||
21 | shall be appointed by the Governor. The Co-Chairs shall be | ||||||
22 | one member of the General Assembly and one person who is | ||||||
23 | not a member of the General Assembly. | ||||||
24 | (5) Meetings. The commission shall hold at least 2 | ||||||
25 | in-person public meetings during each fiscal year. One | ||||||
26 | meeting shall be held in the City of Chicago and one |
| |||||||
| |||||||
1 | meeting shall be held in the City of Springfield. The | ||||||
2 | commission may choose by a majority vote of its members to | ||||||
3 | hold one virtual meeting, which is open to the public and | ||||||
4 | over the Internet, in lieu of the 2 in-person public | ||||||
5 | meetings required under this Section. | ||||||
6 | (6) Compensation. Members shall not receive | ||||||
7 | compensation for their services. | ||||||
8 | (7) Annual report. By November 1 of each year, the | ||||||
9 | commission shall submit a report to the Governor and the | ||||||
10 | General Assembly setting forth recommendations with | ||||||
11 | respect to the Governor's implementation of | ||||||
12 | performance-based budgeting in Illinois State government | ||||||
13 | proposed outcomes and goals . The report shall be published | ||||||
14 | on the Governor's Office of Management and Budget's | ||||||
15 | website. In its report, the commission shall report on the | ||||||
16 | status of comprehensive program assessments and benefit | ||||||
17 | cost analysis of state agency programs conducted during | ||||||
18 | the prior year propose a percentage of the total budget to | ||||||
19 | be assigned to each proposed outcome and goal . | ||||||
20 | The commission shall also review existing statutory | ||||||
21 | mandates mandated expenditures and include in its report | ||||||
22 | recommendations for the repeal or modification of statutory | ||||||
23 | mandates and funds or the State treasury which are out-of-date | ||||||
24 | or unduly burdensome to the operations of State government | ||||||
25 | termination of mandated expenditures . | ||||||
26 | The General Assembly may object to the commission's report |
| |||||||
| |||||||
1 | by passing a joint resolution detailing the General Assembly's | ||||||
2 | objections. | ||||||
3 | (d) In addition, each other constitutional officer of the | ||||||
4 | executive branch, in consultation with the appropriation | ||||||
5 | committees of the General Assembly, shall: (i) prioritize | ||||||
6 | outcomes that are most important for his or her office to | ||||||
7 | achieve for the next fiscal year and (ii) set goals to | ||||||
8 | accomplish those outcomes according to the priority of the | ||||||
9 | outcome. The Governor and each constitutional officer shall | ||||||
10 | separately conduct performance analyses to determine which | ||||||
11 | programs, strategies, and activities will best achieve those | ||||||
12 | desired outcomes. The Governor shall recommend that | ||||||
13 | appropriations be made to State agencies and officers for the | ||||||
14 | next fiscal year based on the agreed upon result and outcome | ||||||
15 | areas goals and priorities . Each agency and officer may | ||||||
16 | develop its own strategies for meeting those goals and shall | ||||||
17 | review and analyze those strategies on a regular basis. The | ||||||
18 | Governor shall also implement procedures to measure annual | ||||||
19 | progress toward the State's statewide results and outcomes | ||||||
20 | highest priority outcomes and shall develop a statewide | ||||||
21 | reporting system that collects performance data from all | ||||||
22 | programs under the authority of the Governor compares the | ||||||
23 | actual results with budgeted results . Those performance | ||||||
24 | measures and results shall be posted on the Governor's Office | ||||||
25 | of Management and Budget website State Comptroller's website, | ||||||
26 | and compiled for distribution in the Comptroller's Public |
| |||||||
| |||||||
1 | Accountability Report, as is currently the practice on the | ||||||
2 | effective date of this amendatory Act of the 96th General | ||||||
3 | Assembly .
| ||||||
4 | (Source: P.A. 102-801, eff. 5-13-22.) | ||||||
5 | ARTICLE 75. | ||||||
6 | Section 75-5. The Freedom of Information Act is amended by | ||||||
7 | changing Section 7.5 as follows:
| ||||||
8 | (5 ILCS 140/7.5)
| ||||||
9 | Sec. 7.5. Statutory exemptions. To the extent provided for | ||||||
10 | by the statutes referenced below, the following shall be | ||||||
11 | exempt from inspection and copying: | ||||||
12 | (a) All information determined to be confidential | ||||||
13 | under Section 4002 of the Technology Advancement and | ||||||
14 | Development Act. | ||||||
15 | (b) Library circulation and order records identifying | ||||||
16 | library users with specific materials under the Library | ||||||
17 | Records Confidentiality Act. | ||||||
18 | (c) Applications, related documents, and medical | ||||||
19 | records received by the Experimental Organ Transplantation | ||||||
20 | Procedures Board and any and all documents or other | ||||||
21 | records prepared by the Experimental Organ Transplantation | ||||||
22 | Procedures Board or its staff relating to applications it | ||||||
23 | has received. |
| |||||||
| |||||||
1 | (d) Information and records held by the Department of | ||||||
2 | Public Health and its authorized representatives relating | ||||||
3 | to known or suspected cases of sexually transmissible | ||||||
4 | disease or any information the disclosure of which is | ||||||
5 | restricted under the Illinois Sexually Transmissible | ||||||
6 | Disease Control Act. | ||||||
7 | (e) Information the disclosure of which is exempted | ||||||
8 | under Section 30 of the Radon Industry Licensing Act. | ||||||
9 | (f) Firm performance evaluations under Section 55 of | ||||||
10 | the Architectural, Engineering, and Land Surveying | ||||||
11 | Qualifications Based Selection Act. | ||||||
12 | (g) Information the disclosure of which is restricted | ||||||
13 | and exempted under Section 50 of the Illinois Prepaid | ||||||
14 | Tuition Act. | ||||||
15 | (h) Information the disclosure of which is exempted | ||||||
16 | under the State Officials and Employees Ethics Act, and | ||||||
17 | records of any lawfully created State or local inspector | ||||||
18 | general's office that would be exempt if created or | ||||||
19 | obtained by an Executive Inspector General's office under | ||||||
20 | that Act. | ||||||
21 | (i) Information contained in a local emergency energy | ||||||
22 | plan submitted to a municipality in accordance with a | ||||||
23 | local emergency energy plan ordinance that is adopted | ||||||
24 | under Section 11-21.5-5 of the Illinois Municipal Code. | ||||||
25 | (j) Information and data concerning the distribution | ||||||
26 | of surcharge moneys collected and remitted by carriers |
| |||||||
| |||||||
1 | under the Emergency Telephone System Act. | ||||||
2 | (k) Law enforcement officer identification information | ||||||
3 | or driver identification information compiled by a law | ||||||
4 | enforcement agency or the Department of Transportation | ||||||
5 | under Section 11-212 of the Illinois Vehicle Code. | ||||||
6 | (l) Records and information provided to a residential | ||||||
7 | health care facility resident sexual assault and death | ||||||
8 | review team or the Executive Council under the Abuse | ||||||
9 | Prevention Review Team Act. | ||||||
10 | (m) Information provided to the predatory lending | ||||||
11 | database created pursuant to Article 3 of the Residential | ||||||
12 | Real Property Disclosure Act, except to the extent | ||||||
13 | authorized under that Article. | ||||||
14 | (n) Defense budgets and petitions for certification of | ||||||
15 | compensation and expenses for court appointed trial | ||||||
16 | counsel as provided under Sections 10 and 15 of the | ||||||
17 | Capital Crimes Litigation Act. This subsection (n) shall | ||||||
18 | apply until the conclusion of the trial of the case, even | ||||||
19 | if the prosecution chooses not to pursue the death penalty | ||||||
20 | prior to trial or sentencing. | ||||||
21 | (o) Information that is prohibited from being | ||||||
22 | disclosed under Section 4 of the Illinois Health and | ||||||
23 | Hazardous Substances Registry Act. | ||||||
24 | (p) Security portions of system safety program plans, | ||||||
25 | investigation reports, surveys, schedules, lists, data, or | ||||||
26 | information compiled, collected, or prepared by or for the |
| |||||||
| |||||||
1 | Department of Transportation under Sections 2705-300 and | ||||||
2 | 2705-616 of the Department of Transportation Law of the | ||||||
3 | Civil Administrative Code of Illinois, the Regional | ||||||
4 | Transportation Authority under Section 2.11 of the | ||||||
5 | Regional Transportation Authority Act, or the St. Clair | ||||||
6 | County Transit District under the Bi-State Transit Safety | ||||||
7 | Act. | ||||||
8 | (q) Information prohibited from being disclosed by the | ||||||
9 | Personnel Record Review Act. | ||||||
10 | (r) Information prohibited from being disclosed by the | ||||||
11 | Illinois School Student Records Act. | ||||||
12 | (s) Information the disclosure of which is restricted | ||||||
13 | under Section 5-108 of the Public Utilities Act.
| ||||||
14 | (t) All identified or deidentified health information | ||||||
15 | in the form of health data or medical records contained | ||||||
16 | in, stored in, submitted to, transferred by, or released | ||||||
17 | from the Illinois Health Information Exchange, and | ||||||
18 | identified or deidentified health information in the form | ||||||
19 | of health data and medical records of the Illinois Health | ||||||
20 | Information Exchange in the possession of the Illinois | ||||||
21 | Health Information Exchange Office due to its | ||||||
22 | administration of the Illinois Health Information | ||||||
23 | Exchange. The terms "identified" and "deidentified" shall | ||||||
24 | be given the same meaning as in the Health Insurance | ||||||
25 | Portability and Accountability Act of 1996, Public Law | ||||||
26 | 104-191, or any subsequent amendments thereto, and any |
| |||||||
| |||||||
1 | regulations promulgated thereunder. | ||||||
2 | (u) Records and information provided to an independent | ||||||
3 | team of experts under the Developmental Disability and | ||||||
4 | Mental Health Safety Act (also known as Brian's Law). | ||||||
5 | (v) Names and information of people who have applied | ||||||
6 | for or received Firearm Owner's Identification Cards under | ||||||
7 | the Firearm Owners Identification Card Act or applied for | ||||||
8 | or received a concealed carry license under the Firearm | ||||||
9 | Concealed Carry Act, unless otherwise authorized by the | ||||||
10 | Firearm Concealed Carry Act; and databases under the | ||||||
11 | Firearm Concealed Carry Act, records of the Concealed | ||||||
12 | Carry Licensing Review Board under the Firearm Concealed | ||||||
13 | Carry Act, and law enforcement agency objections under the | ||||||
14 | Firearm Concealed Carry Act. | ||||||
15 | (v-5) Records of the Firearm Owner's Identification | ||||||
16 | Card Review Board that are exempted from disclosure under | ||||||
17 | Section 10 of the Firearm Owners Identification Card Act. | ||||||
18 | (w) Personally identifiable information which is | ||||||
19 | exempted from disclosure under subsection (g) of Section | ||||||
20 | 19.1 of the Toll Highway Act. | ||||||
21 | (x) Information which is exempted from disclosure | ||||||
22 | under Section 5-1014.3 of the Counties Code or Section | ||||||
23 | 8-11-21 of the Illinois Municipal Code. | ||||||
24 | (y) Confidential information under the Adult | ||||||
25 | Protective Services Act and its predecessor enabling | ||||||
26 | statute, the Elder Abuse and Neglect Act, including |
| |||||||
| |||||||
1 | information about the identity and administrative finding | ||||||
2 | against any caregiver of a verified and substantiated | ||||||
3 | decision of abuse, neglect, or financial exploitation of | ||||||
4 | an eligible adult maintained in the Registry established | ||||||
5 | under Section 7.5 of the Adult Protective Services Act. | ||||||
6 | (z) Records and information provided to a fatality | ||||||
7 | review team or the Illinois Fatality Review Team Advisory | ||||||
8 | Council under Section 15 of the Adult Protective Services | ||||||
9 | Act. | ||||||
10 | (aa) Information which is exempted from disclosure | ||||||
11 | under Section 2.37 of the Wildlife Code. | ||||||
12 | (bb) Information which is or was prohibited from | ||||||
13 | disclosure by the Juvenile Court Act of 1987. | ||||||
14 | (cc) Recordings made under the Law Enforcement | ||||||
15 | Officer-Worn Body Camera Act, except to the extent | ||||||
16 | authorized under that Act. | ||||||
17 | (dd) Information that is prohibited from being | ||||||
18 | disclosed under Section 45 of the Condominium and Common | ||||||
19 | Interest Community Ombudsperson Act. | ||||||
20 | (ee) Information that is exempted from disclosure | ||||||
21 | under Section 30.1 of the Pharmacy Practice Act. | ||||||
22 | (ff) Information that is exempted from disclosure | ||||||
23 | under the Revised Uniform Unclaimed Property Act. | ||||||
24 | (gg) Information that is prohibited from being | ||||||
25 | disclosed under Section 7-603.5 of the Illinois Vehicle | ||||||
26 | Code. |
| |||||||
| |||||||
1 | (hh) Records that are exempt from disclosure under | ||||||
2 | Section 1A-16.7 of the Election Code. | ||||||
3 | (ii) Information which is exempted from disclosure | ||||||
4 | under Section 2505-800 of the Department of Revenue Law of | ||||||
5 | the Civil Administrative Code of Illinois. | ||||||
6 | (jj) Information and reports that are required to be | ||||||
7 | submitted to the Department of Labor by registering day | ||||||
8 | and temporary labor service agencies but are exempt from | ||||||
9 | disclosure under subsection (a-1) of Section 45 of the Day | ||||||
10 | and Temporary Labor Services Act. | ||||||
11 | (kk) Information prohibited from disclosure under the | ||||||
12 | Seizure and Forfeiture Reporting Act. | ||||||
13 | (ll) Information the disclosure of which is restricted | ||||||
14 | and exempted under Section 5-30.8 of the Illinois Public | ||||||
15 | Aid Code. | ||||||
16 | (mm) Records that are exempt from disclosure under | ||||||
17 | Section 4.2 of the Crime Victims Compensation Act. | ||||||
18 | (nn) Information that is exempt from disclosure under | ||||||
19 | Section 70 of the Higher Education Student Assistance Act. | ||||||
20 | (oo) Communications, notes, records, and reports | ||||||
21 | arising out of a peer support counseling session | ||||||
22 | prohibited from disclosure under the First Responders | ||||||
23 | Suicide Prevention Act. | ||||||
24 | (pp) Names and all identifying information relating to | ||||||
25 | an employee of an emergency services provider or law | ||||||
26 | enforcement agency under the First Responders Suicide |
| |||||||
| |||||||
1 | Prevention Act. | ||||||
2 | (qq) Information and records held by the Department of | ||||||
3 | Public Health and its authorized representatives collected | ||||||
4 | under the Reproductive Health Act. | ||||||
5 | (rr) Information that is exempt from disclosure under | ||||||
6 | the Cannabis Regulation and Tax Act. | ||||||
7 | (ss) Data reported by an employer to the Department of | ||||||
8 | Human Rights pursuant to Section 2-108 of the Illinois | ||||||
9 | Human Rights Act. | ||||||
10 | (tt) Recordings made under the Children's Advocacy | ||||||
11 | Center Act, except to the extent authorized under that | ||||||
12 | Act. | ||||||
13 | (uu) Information that is exempt from disclosure under | ||||||
14 | Section 50 of the Sexual Assault Evidence Submission Act. | ||||||
15 | (vv) Information that is exempt from disclosure under | ||||||
16 | subsections (f) and (j) of Section 5-36 of the Illinois | ||||||
17 | Public Aid Code. | ||||||
18 | (ww) Information that is exempt from disclosure under | ||||||
19 | Section 16.8 of the State Treasurer Act. | ||||||
20 | (xx) Information that is exempt from disclosure or | ||||||
21 | information that shall not be made public under the | ||||||
22 | Illinois Insurance Code. | ||||||
23 | (yy) Information prohibited from being disclosed under | ||||||
24 | the Illinois Educational Labor Relations Act. | ||||||
25 | (zz) Information prohibited from being disclosed under | ||||||
26 | the Illinois Public Labor Relations Act. |
| |||||||
| |||||||
1 | (aaa) Information prohibited from being disclosed | ||||||
2 | under Section 1-167 of the Illinois Pension Code. | ||||||
3 | (bbb) Information that is prohibited from disclosure | ||||||
4 | by the Illinois Police Training Act and the Illinois State | ||||||
5 | Police Act. | ||||||
6 | (ccc) Records exempt from disclosure under Section
| ||||||
7 | 2605-304 of the Illinois State Police Law of the Civil
| ||||||
8 | Administrative Code of Illinois. | ||||||
9 | (ddd) Information prohibited from being disclosed | ||||||
10 | under Section 35 of the Address Confidentiality for | ||||||
11 | Victims of Domestic Violence, Sexual Assault, Human | ||||||
12 | Trafficking, or Stalking Act. | ||||||
13 | (eee) Information prohibited from being disclosed | ||||||
14 | under subsection (b) of Section 75 of the Domestic | ||||||
15 | Violence Fatality Review Act. | ||||||
16 | (fff) Images from cameras under the Expressway Camera | ||||||
17 | Act. This subsection (fff) is inoperative on and after | ||||||
18 | July 1, 2023. | ||||||
19 | (ggg) Information prohibited from disclosure under | ||||||
20 | paragraph (3) of subsection (a) of Section 14 of the Nurse | ||||||
21 | Agency Licensing Act. | ||||||
22 | (hhh) Information submitted to the Illinois Department | ||||||
23 | of State Police in an affidavit or application for an | ||||||
24 | assault weapon endorsement, assault weapon attachment | ||||||
25 | endorsement, .50 caliber rifle endorsement, or .50 caliber | ||||||
26 | cartridge endorsement under the Firearm Owners |
| |||||||
| |||||||
1 | Identification Card Act. | ||||||
2 | (iii) Data exempt from disclosure under Section
50 of | ||||||
3 | the School Safety Drill Act. | ||||||
4 | (Source: P.A. 101-13, eff. 6-12-19; 101-27, eff. 6-25-19; | ||||||
5 | 101-81, eff. 7-12-19; 101-221, eff. 1-1-20; 101-236, eff. | ||||||
6 | 1-1-20; 101-375, eff. 8-16-19; 101-377, eff. 8-16-19; 101-452, | ||||||
7 | eff. 1-1-20; 101-466, eff. 1-1-20; 101-600, eff. 12-6-19; | ||||||
8 | 101-620, eff 12-20-19; 101-649, eff. 7-7-20; 101-652, eff. | ||||||
9 | 1-1-22; 101-656, eff. 3-23-21; 102-36, eff. 6-25-21; 102-237, | ||||||
10 | eff. 1-1-22; 102-292, eff. 1-1-22; 102-520, eff. 8-20-21; | ||||||
11 | 102-559, eff. 8-20-21; 102-813, eff. 5-13-22; 102-946, eff. | ||||||
12 | 7-1-22; 102-1042, eff. 6-3-22; 102-1116, eff. 1-10-23; revised | ||||||
13 | 2-13-23.) | ||||||
14 | Section 75-10. The School Safety Drill Act is amended by | ||||||
15 | adding Section 50 as follows: | ||||||
16 | (105 ILCS 128/50 new) | ||||||
17 | Sec. 50. Crisis response mapping data grants. | ||||||
18 | (a) Subject to appropriation, a public school district, a | ||||||
19 | charter school, a special education cooperative or district, | ||||||
20 | an education for employment system, a State-approved area | ||||||
21 | career center, a public university laboratory school, the | ||||||
22 | Illinois Mathematics and Science Academy, the Department of | ||||||
23 | Juvenile Justice School District, a regional office of | ||||||
24 | education, the Illinois School for the Deaf, the Illinois |
| |||||||
| |||||||
1 | School for the Visually Impaired, the Philip J. Rock Center | ||||||
2 | and School, an early childhood or preschool program supported | ||||||
3 | by the Early Childhood Block Grant, or any other public school | ||||||
4 | entity designated by the State Board of Education by rule, may | ||||||
5 | apply to the State Board of Education or the State Board of | ||||||
6 | Education or the State Board's designee for a grant to obtain | ||||||
7 | crisis response mapping data and to provide copies of the | ||||||
8 | crisis response mapping data to appropriate local, county, | ||||||
9 | State, and federal first responders for use in response to | ||||||
10 | emergencies. The crisis response mapping data shall be stored | ||||||
11 | and provided in an electronic or digital format to assist | ||||||
12 | first responders in responding to emergencies at the school. | ||||||
13 | (b) Subject to appropriation, including funding for any | ||||||
14 | administrative costs reasonably incurred by the State Board of | ||||||
15 | Education or the State Board's designee in the administration | ||||||
16 | of the grant program described by this Section, the State | ||||||
17 | Board shall provide grants to any entity in subsection (a) | ||||||
18 | upon approval of an application submitted by the entity to | ||||||
19 | cover the costs incurred in obtaining crisis response mapping | ||||||
20 | data under this Section. The grant application must include | ||||||
21 | crisis response mapping data for all schools under the | ||||||
22 | jurisdiction of the entity submitting the application, | ||||||
23 | including, in the case of a public school district, any | ||||||
24 | charter schools authorized by the school board for the school | ||||||
25 | district. | ||||||
26 | (c) To be eligible for a grant under this Section, the |
| |||||||
| |||||||
1 | crisis response mapping data must, at a minimum: | ||||||
2 | (1) be compatible and integrate into security software | ||||||
3 | platforms in use by the specific school for which the data | ||||||
4 | is provided without requiring local law enforcement | ||||||
5 | agencies or the school district to purchase additional | ||||||
6 | software or requiring the integration of third-party | ||||||
7 | software to view the data; | ||||||
8 | (2) be compatible with security software platforms in | ||||||
9 | use by the specific school for which the data is provided | ||||||
10 | without requiring local public safety agencies or the | ||||||
11 | school district to purchase additional software or | ||||||
12 | requiring the integration of third-party software to view | ||||||
13 | the data; | ||||||
14 | (3) be capable of being provided in a printable | ||||||
15 | format; | ||||||
16 | (4) be verified for accuracy by an on-site | ||||||
17 | walk-through of the school building and grounds; | ||||||
18 | (5) be oriented to true north; | ||||||
19 | (6) be overlaid on current aerial imagery or plans of | ||||||
20 | the school building; | ||||||
21 | (7) contain site-specific labeling that matches the | ||||||
22 | structure of the school building, including room labels, | ||||||
23 | hallway names, and external door or stairwell numbers and | ||||||
24 | the location of hazards, critical utilities, key boxes, | ||||||
25 | automated external defibrillators, and trauma kits, and | ||||||
26 | that matches the school grounds, including parking areas, |
| |||||||
| |||||||
1 | athletic fields, surrounding roads, and neighboring | ||||||
2 | properties; and | ||||||
3 | (8) be overlaid with gridded x/y coordinates. | ||||||
4 | (d) Subject to appropriation, the crisis response mapping | ||||||
5 | data may be reviewed annually to update the data as necessary. | ||||||
6 | (e) Crisis response mapping data obtained pursuant to this | ||||||
7 | Section are confidential and exempt from disclosure under the
| ||||||
8 | Freedom of Information Act. | ||||||
9 | (f) The State Board may adopt rules to implement the | ||||||
10 | provisions of this Section. | ||||||
11 | ARTICLE 80. | ||||||
12 | Section 80-5. The School Code is amended by changing | ||||||
13 | Sections 10-20.21, 34-18, and 34-21.3 as follows:
| ||||||
14 | (105 ILCS 5/10-20.21)
| ||||||
15 | Sec. 10-20.21. Contracts.
| ||||||
16 | (a)
To award all contracts for
purchase of supplies and | ||||||
17 | materials or work involving an expenditure in excess of | ||||||
18 | $35,000 $25,000 or a lower amount as required by board policy
| ||||||
19 | to the lowest responsible bidder, considering conformity with
| ||||||
20 | specifications, terms of delivery, quality and serviceability, | ||||||
21 | after due
advertisement, except the following: | ||||||
22 | (i) contracts for the services of
individuals | ||||||
23 | possessing a high degree of professional skill where the
|
| |||||||
| |||||||
1 | ability or fitness of the individual plays an important | ||||||
2 | part; | ||||||
3 | (ii)
contracts for the printing of finance committee | ||||||
4 | reports and departmental
reports; | ||||||
5 | (iii) contracts for the printing or engraving of | ||||||
6 | bonds, tax
warrants and other evidences of indebtedness; | ||||||
7 | (iv) contracts for the
purchase of perishable foods | ||||||
8 | and perishable beverages; | ||||||
9 | (v) contracts for
materials and work which have been | ||||||
10 | awarded to the lowest responsible bidder
after due | ||||||
11 | advertisement, but due to unforeseen revisions, not the | ||||||
12 | fault of
the contractor for materials and work, must be | ||||||
13 | revised causing expenditures
not in excess of 10% of the | ||||||
14 | contract price; | ||||||
15 | (vi)
contracts for the maintenance or servicing of, or | ||||||
16 | provision of
repair parts for, equipment which are made | ||||||
17 | with the manufacturer or
authorized service agent of that | ||||||
18 | equipment where the provision of parts,
maintenance, or | ||||||
19 | servicing can best be performed by the manufacturer or
| ||||||
20 | authorized service agent; | ||||||
21 | (vii) purchases and contracts for the use,
purchase, | ||||||
22 | delivery, movement, or installation of data processing | ||||||
23 | equipment,
software, or services and telecommunications | ||||||
24 | and interconnect
equipment, software, and services; | ||||||
25 | (viii) contracts for duplicating
machines and | ||||||
26 | supplies; |
| |||||||
| |||||||
1 | (ix) contracts for the purchase of fuel, including | ||||||
2 | diesel, gasoline, oil, aviation, natural gas, or propane, | ||||||
3 | lubricants, or other petroleum products; | ||||||
4 | (x) purchases of
equipment previously owned by some | ||||||
5 | entity other than the district
itself; | ||||||
6 | (xi) contracts for repair, maintenance, remodeling, | ||||||
7 | renovation, or
construction, or a single project involving | ||||||
8 | an expenditure not to exceed
$50,000 and not involving a | ||||||
9 | change or increase in the size, type, or extent
of an | ||||||
10 | existing facility; | ||||||
11 | (xii) contracts for goods or services procured
from | ||||||
12 | another governmental agency; | ||||||
13 | (xiii) contracts for goods or services
which are | ||||||
14 | economically procurable from only one source, such as for | ||||||
15 | the
purchase of magazines, books, periodicals, pamphlets | ||||||
16 | and reports, and for
utility services such as water, | ||||||
17 | light, heat, telephone or telegraph;
| ||||||
18 | (xiv) where funds are expended in an emergency and | ||||||
19 | such emergency
expenditure is approved by 3/4 of the | ||||||
20 | members of the board; | ||||||
21 | (xv) State master contracts authorized under Article | ||||||
22 | 28A of this Code; | ||||||
23 | (xvi) contracts providing for the transportation of | ||||||
24 | pupils, which contracts must be advertised in the same | ||||||
25 | manner as competitive bids and awarded by first | ||||||
26 | considering the bidder or bidders most able to provide |
| |||||||
| |||||||
1 | safety and comfort for the pupils, stability of service, | ||||||
2 | and any other factors set forth in the request for | ||||||
3 | proposal regarding quality of service, and then price; and | ||||||
4 | (xvii) contracts for goods, services, or management in | ||||||
5 | the operation of a school's food service, including a | ||||||
6 | school that participates in any of the United States | ||||||
7 | Department of Agriculture's child nutrition programs if a | ||||||
8 | good faith effort is made on behalf of the school district | ||||||
9 | to give preference to: | ||||||
10 | (1) contracts that procure food that promotes the | ||||||
11 | health and well-being of students, in compliance with | ||||||
12 | United States Department of Agriculture nutrition | ||||||
13 | standards for school meals. Contracts should also | ||||||
14 | promote the production of scratch made, minimally | ||||||
15 | processed foods; | ||||||
16 | (2) contracts that give a preference to State or | ||||||
17 | regional suppliers that source local food products; | ||||||
18 | (3) contracts that give a preference to food | ||||||
19 | suppliers that utilize producers that adopt hormone | ||||||
20 | and pest management practices recommended by the | ||||||
21 | United States Department of Agriculture; | ||||||
22 | (4) contracts that give a preference to food | ||||||
23 | suppliers that value animal welfare; and | ||||||
24 | (5) contracts that increase opportunities for | ||||||
25 | businesses owned and operated by minorities, women, or | ||||||
26 | persons with disabilities. |
| |||||||
| |||||||
1 | Food supplier data shall be submitted to the school | ||||||
2 | district at the time of the bid, to the best of the | ||||||
3 | bidder's ability, and updated annually thereafter during | ||||||
4 | the term of the contract. The contractor shall submit the | ||||||
5 | updated food supplier data. The data required under this | ||||||
6 | item (xvii) shall include the name and address of each | ||||||
7 | supplier, distributor, processor, and producer involved in | ||||||
8 | the provision of the products that the bidder is to | ||||||
9 | supply. | ||||||
10 | However, at no time shall a cause of action lie against a | ||||||
11 | school board for awarding a pupil transportation contract per | ||||||
12 | the standards set forth in this subsection (a) unless the | ||||||
13 | cause of action is based on fraudulent conduct. | ||||||
14 | All competitive
bids for contracts involving an | ||||||
15 | expenditure in excess of $35,000 $25,000 or a lower amount as | ||||||
16 | required by board policy must be
sealed by the bidder and must | ||||||
17 | be opened by a member or employee of the
school board at a | ||||||
18 | public bid opening at which the contents of the bids
must be | ||||||
19 | announced. Each bidder must receive at least 3 days' notice of | ||||||
20 | the
time and place of the bid opening. For purposes of this | ||||||
21 | Section due
advertisement includes, but is not limited to, at | ||||||
22 | least one public notice
at least 10 days before the bid date in | ||||||
23 | a newspaper published in the
district, or if no newspaper is | ||||||
24 | published in the district, in a newspaper
of general | ||||||
25 | circulation in the area of the district. State master | ||||||
26 | contracts and certified education purchasing contracts, as |
| |||||||
| |||||||
1 | defined in Article 28A of this Code, are not subject to the | ||||||
2 | requirements of this paragraph.
| ||||||
3 | Under this Section, the acceptance of bids sealed by a | ||||||
4 | bidder and the opening of these bids at a public bid opening | ||||||
5 | may be permitted by an electronic process for communicating, | ||||||
6 | accepting, and opening competitive bids. An electronic bidding | ||||||
7 | process must provide for, but is not limited to, the following | ||||||
8 | safeguards: | ||||||
9 | (1) On the date and time certain of a bid opening, the | ||||||
10 | primary person conducting the competitive, sealed, | ||||||
11 | electronic bid process shall log onto a specified database | ||||||
12 | using a unique username and password previously assigned | ||||||
13 | to the bidder to allow access to the bidder's specific bid | ||||||
14 | project number. | ||||||
15 | (2) The specified electronic database must be on a | ||||||
16 | network that (i) is in a secure environment behind a | ||||||
17 | firewall; (ii) has specific encryption tools; (iii) | ||||||
18 | maintains specific intrusion detection systems; (iv) has | ||||||
19 | redundant systems architecture with data storage back-up, | ||||||
20 | whether by compact disc or tape; and (v) maintains a | ||||||
21 | disaster recovery plan.
| ||||||
22 | It is the legislative intent of Public Act 96-841 to maintain | ||||||
23 | the integrity of the sealed bidding process provided for in | ||||||
24 | this Section, to further limit any possibility of bid-rigging, | ||||||
25 | to reduce administrative costs to school districts, and to | ||||||
26 | effect efficiencies in communications with bidders. |
| |||||||
| |||||||
1 | (b) To require, as a condition of any contract for goods | ||||||
2 | and services,
that persons
bidding for and awarded a contract | ||||||
3 | and all affiliates of the person collect and
remit
Illinois | ||||||
4 | Use Tax on all sales of tangible personal property into the | ||||||
5 | State of
Illinois in
accordance with the provisions of the | ||||||
6 | Illinois Use Tax Act regardless of whether
the
person or | ||||||
7 | affiliate is a "retailer maintaining a place of business | ||||||
8 | within this
State" as
defined in Section 2 of the Use Tax Act. | ||||||
9 | For purposes of this Section, the term
"affiliate"
means any | ||||||
10 | entity that (1) directly, indirectly, or constructively | ||||||
11 | controls
another entity, (2)
is directly, indirectly, or | ||||||
12 | constructively controlled by another entity, or (3)
is subject | ||||||
13 | to
the control of a common entity. For purposes of this | ||||||
14 | subsection (b), an entity
controls
another entity if it owns, | ||||||
15 | directly or individually, more than 10% of the
voting
| ||||||
16 | securities
of that entity. As used in this subsection (b), the | ||||||
17 | term "voting security"
means a security
that (1) confers upon | ||||||
18 | the holder the right to vote for the election of members
of the | ||||||
19 | board
of directors or similar governing body of the business | ||||||
20 | or (2) is convertible
into, or entitles
the holder to receive | ||||||
21 | upon its exercise, a security that confers such a right
to
| ||||||
22 | vote. A
general partnership interest is a voting security.
| ||||||
23 | To require that bids and contracts include a certification | ||||||
24 | by the bidder
or
contractor that the bidder or contractor is | ||||||
25 | not barred from bidding for or
entering into a
contract under | ||||||
26 | this Section and that the bidder or contractor acknowledges |
| |||||||
| |||||||
1 | that
the school
board may declare the contract void if the | ||||||
2 | certification completed pursuant to
this
subsection (b) is | ||||||
3 | false.
| ||||||
4 | (b-5) To require all contracts and agreements that pertain | ||||||
5 | to goods and services and that are intended to generate | ||||||
6 | additional revenue and other remunerations for the school | ||||||
7 | district in excess of $1,000, including without limitation | ||||||
8 | vending machine contracts, sports and other attire, class | ||||||
9 | rings, and photographic services, to be approved by the school | ||||||
10 | board. The school board shall file as an attachment to its | ||||||
11 | annual budget a report, in a form as determined by the State | ||||||
12 | Board of Education, indicating for the prior year the name of | ||||||
13 | the vendor, the product or service provided, and the actual | ||||||
14 | net revenue and non-monetary remuneration from each of the | ||||||
15 | contracts or agreements. In addition, the report shall | ||||||
16 | indicate for what purpose the revenue was used and how and to | ||||||
17 | whom the non-monetary remuneration was distributed.
| ||||||
18 | (b-10) To prohibit any contract to purchase food with a | ||||||
19 | bidder or offeror if the bidder's or offeror's contract terms | ||||||
20 | prohibit the school from donating food to food banks, | ||||||
21 | including, but not limited to, homeless shelters, food | ||||||
22 | pantries, and soup kitchens. | ||||||
23 | (c) If the State education purchasing entity creates a | ||||||
24 | master contract as defined in Article 28A of this Code, then | ||||||
25 | the State education purchasing entity shall notify school | ||||||
26 | districts of the existence of the master contract. |
| |||||||
| |||||||
1 | (d) In purchasing supplies, materials, equipment, or | ||||||
2 | services that are not subject to subsection (c) of this | ||||||
3 | Section, before a school district solicits bids or awards a | ||||||
4 | contract, the district may review and consider as a bid under | ||||||
5 | subsection (a) of this Section certified education purchasing | ||||||
6 | contracts that are already available through the State | ||||||
7 | education purchasing entity. | ||||||
8 | (Source: P.A. 101-570, eff. 8-23-19; 101-632, eff. 6-5-20; | ||||||
9 | 102-1101, eff. 6-29-22.)
| ||||||
10 | (105 ILCS 5/34-18) (from Ch. 122, par. 34-18)
| ||||||
11 | Sec. 34-18. Powers of the board. The board shall exercise | ||||||
12 | general
supervision and jurisdiction over the public education | ||||||
13 | and the public
school system of the city, and, except as | ||||||
14 | otherwise provided by this
Article, shall have power:
| ||||||
15 | 1. To make suitable provision for the establishment | ||||||
16 | and maintenance
throughout the year or for such portion | ||||||
17 | thereof as it may direct, not
less than 9 months and in | ||||||
18 | compliance with Section 10-19.05, of schools of all grades | ||||||
19 | and kinds, including normal
schools, high schools, night | ||||||
20 | schools, schools for defectives and
delinquents, parental | ||||||
21 | and truant schools, schools for the blind, the
deaf, and | ||||||
22 | persons with physical disabilities, schools or classes in | ||||||
23 | manual training,
constructural and vocational teaching, | ||||||
24 | domestic arts, and physical
culture, vocation and | ||||||
25 | extension schools and lecture courses, and all
other |
| |||||||
| |||||||
1 | educational courses and facilities, including | ||||||
2 | establishing,
equipping, maintaining and operating | ||||||
3 | playgrounds and recreational
programs, when such programs | ||||||
4 | are conducted in, adjacent to, or connected
with any | ||||||
5 | public school under the general supervision and | ||||||
6 | jurisdiction
of the board; provided that the calendar for | ||||||
7 | the school term and any changes must be submitted to and | ||||||
8 | approved by the State Board of Education before the | ||||||
9 | calendar or changes may take effect, and provided that in | ||||||
10 | allocating funds
from year to year for the operation of | ||||||
11 | all attendance centers within the
district, the board | ||||||
12 | shall ensure that supplemental general State aid or | ||||||
13 | supplemental grant funds
are allocated and applied in | ||||||
14 | accordance with Section 18-8, 18-8.05, or 18-8.15. To
| ||||||
15 | admit to such
schools without charge foreign exchange | ||||||
16 | students who are participants in
an organized exchange | ||||||
17 | student program which is authorized by the board.
The | ||||||
18 | board shall permit all students to enroll in | ||||||
19 | apprenticeship programs
in trade schools operated by the | ||||||
20 | board, whether those programs are
union-sponsored or not. | ||||||
21 | No student shall be refused admission into or
be excluded | ||||||
22 | from any course of instruction offered in the common | ||||||
23 | schools
by reason of that student's sex. No student shall | ||||||
24 | be denied equal
access to physical education and | ||||||
25 | interscholastic athletic programs
supported from school | ||||||
26 | district funds or denied participation in
comparable |
| |||||||
| |||||||
1 | physical education and athletic programs solely by reason | ||||||
2 | of
the student's sex. Equal access to programs supported | ||||||
3 | from school
district funds and comparable programs will be | ||||||
4 | defined in rules
promulgated by the State Board of | ||||||
5 | Education in
consultation with the Illinois High School | ||||||
6 | Association.
Notwithstanding any other provision of this | ||||||
7 | Article, neither the board
of education nor any local | ||||||
8 | school council or other school official shall
recommend | ||||||
9 | that children with disabilities be placed into regular | ||||||
10 | education
classrooms unless those children with | ||||||
11 | disabilities are provided with
supplementary services to | ||||||
12 | assist them so that they benefit from the regular
| ||||||
13 | classroom instruction and are included on the teacher's | ||||||
14 | regular education
class register;
| ||||||
15 | 2. To furnish lunches to pupils, to make a reasonable | ||||||
16 | charge
therefor, and to use school funds for the payment | ||||||
17 | of such expenses as
the board may determine are necessary | ||||||
18 | in conducting the school lunch
program;
| ||||||
19 | 3. To co-operate with the circuit court;
| ||||||
20 | 4. To make arrangements with the public or | ||||||
21 | quasi-public libraries
and museums for the use of their | ||||||
22 | facilities by teachers and pupils of
the public schools;
| ||||||
23 | 5. To employ dentists and prescribe their duties for | ||||||
24 | the purpose of
treating the pupils in the schools, but | ||||||
25 | accepting such treatment shall
be optional with parents or | ||||||
26 | guardians;
|
| |||||||
| |||||||
1 | 6. To grant the use of assembly halls and classrooms | ||||||
2 | when not
otherwise needed, including light, heat, and | ||||||
3 | attendants, for free public
lectures, concerts, and other | ||||||
4 | educational and social interests, free of
charge, under | ||||||
5 | such provisions and control as the principal of the
| ||||||
6 | affected attendance center may prescribe;
| ||||||
7 | 7. To apportion the pupils to the several schools; | ||||||
8 | provided that no pupil
shall be excluded from or | ||||||
9 | segregated in any such school on account of his
color, | ||||||
10 | race, sex, or nationality. The board shall take into | ||||||
11 | consideration
the prevention of segregation and the | ||||||
12 | elimination of separation of children
in public schools | ||||||
13 | because of color, race, sex, or nationality. Except that
| ||||||
14 | children may be committed to or attend parental and social | ||||||
15 | adjustment schools
established and maintained either for | ||||||
16 | boys or girls only. All records
pertaining to the | ||||||
17 | creation, alteration or revision of attendance areas shall
| ||||||
18 | be open to the public. Nothing herein shall limit the | ||||||
19 | board's authority to
establish multi-area attendance | ||||||
20 | centers or other student assignment systems
for | ||||||
21 | desegregation purposes or otherwise, and to apportion the | ||||||
22 | pupils to the
several schools. Furthermore, beginning in | ||||||
23 | school year 1994-95, pursuant
to a board plan adopted by | ||||||
24 | October 1, 1993, the board shall offer, commencing
on a | ||||||
25 | phased-in basis, the opportunity for families within the | ||||||
26 | school
district to apply for enrollment of their children |
| |||||||
| |||||||
1 | in any attendance center
within the school district which | ||||||
2 | does not have selective admission
requirements approved by | ||||||
3 | the board. The appropriate geographical area in
which such | ||||||
4 | open enrollment may be exercised shall be determined by | ||||||
5 | the
board of education. Such children may be admitted to | ||||||
6 | any such attendance
center on a space available basis | ||||||
7 | after all children residing within such
attendance | ||||||
8 | center's area have been accommodated. If the number of
| ||||||
9 | applicants from outside the attendance area exceed the | ||||||
10 | space available,
then successful applicants shall be | ||||||
11 | selected by lottery. The board of
education's open | ||||||
12 | enrollment plan must include provisions that allow | ||||||
13 | low-income students to have access to transportation | ||||||
14 | needed to exercise school
choice. Open enrollment shall be | ||||||
15 | in compliance with the provisions of the
Consent Decree | ||||||
16 | and Desegregation Plan cited in Section 34-1.01;
| ||||||
17 | 8. To approve programs and policies for providing | ||||||
18 | transportation
services to students. Nothing herein shall | ||||||
19 | be construed to permit or empower
the State Board of | ||||||
20 | Education to order, mandate, or require busing or other
| ||||||
21 | transportation of pupils for the purpose of achieving | ||||||
22 | racial balance in any
school;
| ||||||
23 | 9. Subject to the limitations in this Article, to | ||||||
24 | establish and
approve system-wide curriculum objectives | ||||||
25 | and standards, including graduation
standards, which | ||||||
26 | reflect the
multi-cultural diversity in the city and are |
| |||||||
| |||||||
1 | consistent with State law,
provided that for all purposes | ||||||
2 | of this Article courses or
proficiency in American Sign | ||||||
3 | Language shall be deemed to constitute courses
or | ||||||
4 | proficiency in a foreign language; and to employ | ||||||
5 | principals and teachers,
appointed as provided in this
| ||||||
6 | Article, and fix their compensation. The board shall | ||||||
7 | prepare such reports
related to minimal competency testing | ||||||
8 | as may be requested by the State
Board of Education and, in | ||||||
9 | addition, shall monitor and approve special
education and | ||||||
10 | bilingual education programs and policies within the | ||||||
11 | district to ensure
that appropriate services are provided | ||||||
12 | in accordance with applicable
State and federal laws to | ||||||
13 | children requiring services and education in those
areas;
| ||||||
14 | 10. To employ non-teaching personnel or utilize | ||||||
15 | volunteer personnel
for: (i) non-teaching duties not | ||||||
16 | requiring instructional judgment or
evaluation of pupils, | ||||||
17 | including library duties; and (ii) supervising study
| ||||||
18 | halls, long distance teaching reception areas used | ||||||
19 | incident to instructional
programs transmitted by | ||||||
20 | electronic media such as computers, video, and audio,
| ||||||
21 | detention and discipline areas, and school-sponsored | ||||||
22 | extracurricular
activities. The board may further utilize | ||||||
23 | volunteer nonlicensed
personnel or employ nonlicensed | ||||||
24 | personnel to
assist in the instruction of pupils under the | ||||||
25 | immediate supervision of a
teacher holding a valid | ||||||
26 | educator license, directly engaged in teaching
subject |
| |||||||
| |||||||
1 | matter or conducting activities; provided that the teacher
| ||||||
2 | shall be continuously aware of the nonlicensed persons' | ||||||
3 | activities and
shall be able to control or modify them. | ||||||
4 | The general superintendent shall
determine qualifications | ||||||
5 | of such personnel and shall prescribe rules for
| ||||||
6 | determining the duties and activities to be assigned to | ||||||
7 | such personnel;
| ||||||
8 | 10.5. To utilize volunteer personnel from a regional | ||||||
9 | School Crisis
Assistance Team (S.C.A.T.), created as part | ||||||
10 | of the Safe to Learn Program
established pursuant to | ||||||
11 | Section 25 of the Illinois Violence Prevention Act
of | ||||||
12 | 1995, to provide assistance to schools in times of | ||||||
13 | violence or other
traumatic incidents within a school | ||||||
14 | community by providing crisis
intervention services to | ||||||
15 | lessen the effects of emotional trauma on
individuals and | ||||||
16 | the community; the School Crisis Assistance Team
Steering | ||||||
17 | Committee shall determine the qualifications for | ||||||
18 | volunteers;
| ||||||
19 | 11. To provide television studio facilities in not to | ||||||
20 | exceed one
school building and to provide programs for | ||||||
21 | educational purposes,
provided, however, that the board | ||||||
22 | shall not construct, acquire, operate,
or maintain a | ||||||
23 | television transmitter; to grant the use of its studio
| ||||||
24 | facilities to a licensed television station located in the | ||||||
25 | school
district; and to maintain and operate not to exceed | ||||||
26 | one school radio
transmitting station and provide programs |
| |||||||
| |||||||
1 | for educational purposes;
| ||||||
2 | 12. To offer, if deemed appropriate, outdoor education | ||||||
3 | courses,
including field trips within the State of | ||||||
4 | Illinois, or adjacent states,
and to use school | ||||||
5 | educational funds for the expense of the said outdoor
| ||||||
6 | educational programs, whether within the school district | ||||||
7 | or not;
| ||||||
8 | 13. During that period of the calendar year not | ||||||
9 | embraced within the
regular school term, to provide and | ||||||
10 | conduct courses in subject matters
normally embraced in | ||||||
11 | the program of the schools during the regular
school term | ||||||
12 | and to give regular school credit for satisfactory
| ||||||
13 | completion by the student of such courses as may be | ||||||
14 | approved for credit
by the State Board of Education;
| ||||||
15 | 14. To insure against any loss or liability of the | ||||||
16 | board,
the former School Board Nominating Commission, | ||||||
17 | Local School Councils, the
Chicago Schools Academic | ||||||
18 | Accountability Council, or the former Subdistrict
Councils | ||||||
19 | or of any member, officer, agent, or employee thereof, | ||||||
20 | resulting
from alleged violations of civil rights arising | ||||||
21 | from incidents occurring on
or after September 5, 1967 or | ||||||
22 | from the wrongful or negligent act or
omission of any such | ||||||
23 | person whether occurring within or without the school
| ||||||
24 | premises, provided the officer, agent, or employee was, at | ||||||
25 | the time of the
alleged violation of civil rights or | ||||||
26 | wrongful act or omission, acting
within the scope of his |
| |||||||
| |||||||
1 | or her employment or under direction of the board, the
| ||||||
2 | former School
Board Nominating Commission, the Chicago | ||||||
3 | Schools Academic Accountability
Council, Local School | ||||||
4 | Councils, or the former Subdistrict Councils;
and to | ||||||
5 | provide for or participate in insurance plans for its | ||||||
6 | officers and
employees, including, but not limited to, | ||||||
7 | retirement annuities, medical,
surgical and | ||||||
8 | hospitalization benefits in such types and amounts as may | ||||||
9 | be
determined by the board; provided, however, that the | ||||||
10 | board shall contract
for such insurance only with an | ||||||
11 | insurance company authorized to do business
in this State. | ||||||
12 | Such insurance may include provision for employees who | ||||||
13 | rely
on treatment by prayer or spiritual means alone for | ||||||
14 | healing, in accordance
with the tenets and practice of a | ||||||
15 | recognized religious denomination;
| ||||||
16 | 15. To contract with the corporate authorities of any | ||||||
17 | municipality
or the county board of any county, as the | ||||||
18 | case may be, to provide for
the regulation of traffic in | ||||||
19 | parking areas of property used for school
purposes, in | ||||||
20 | such manner as is provided by Section 11-209 of the
| ||||||
21 | Illinois Vehicle Code;
| ||||||
22 | 16. (a) To provide, on an equal basis, access to a high
| ||||||
23 | school campus and student directory information to the
| ||||||
24 | official recruiting representatives of the armed forces of | ||||||
25 | Illinois and
the United States for the purposes of | ||||||
26 | informing students of the educational
and career |
| |||||||
| |||||||
1 | opportunities available in the military if the board has | ||||||
2 | provided
such access to persons or groups whose purpose is | ||||||
3 | to acquaint students with
educational or occupational | ||||||
4 | opportunities available to them. The board
is not required | ||||||
5 | to give greater notice regarding the right of access to
| ||||||
6 | recruiting representatives than is given to other persons | ||||||
7 | and groups. In
this paragraph 16, "directory information" | ||||||
8 | means a high school
student's name, address, and telephone | ||||||
9 | number.
| ||||||
10 | (b) If a student or his or her parent or guardian | ||||||
11 | submits a signed,
written request to the high school | ||||||
12 | before the end of the student's sophomore
year (or if the | ||||||
13 | student is a transfer student, by another time set by
the | ||||||
14 | high school) that indicates that the student or his or her | ||||||
15 | parent or
guardian does
not want the student's directory | ||||||
16 | information to be provided to official
recruiting | ||||||
17 | representatives under subsection (a) of this Section, the | ||||||
18 | high
school may not provide access to the student's | ||||||
19 | directory information to
these recruiting representatives. | ||||||
20 | The high school shall notify its
students and their | ||||||
21 | parents or guardians of the provisions of this
subsection | ||||||
22 | (b).
| ||||||
23 | (c) A high school may require official recruiting | ||||||
24 | representatives of
the armed forces of Illinois and the | ||||||
25 | United States to pay a fee for copying
and mailing a | ||||||
26 | student's directory information in an amount that is not
|
| |||||||
| |||||||
1 | more than the actual costs incurred by the high school.
| ||||||
2 | (d) Information received by an official recruiting | ||||||
3 | representative
under this Section may be used only to | ||||||
4 | provide information to students
concerning educational and | ||||||
5 | career opportunities available in the military
and may not | ||||||
6 | be released to a person who is not involved in recruiting
| ||||||
7 | students for the armed forces of Illinois or the United | ||||||
8 | States;
| ||||||
9 | 17. (a) To sell or market any computer program | ||||||
10 | developed by an employee
of the school district, provided | ||||||
11 | that such employee developed the computer
program as a | ||||||
12 | direct result of his or her duties with the school | ||||||
13 | district
or through the utilization of school district | ||||||
14 | resources or facilities.
The employee who developed the | ||||||
15 | computer program shall be entitled to share
in the | ||||||
16 | proceeds of such sale or marketing of the computer | ||||||
17 | program. The
distribution of such proceeds between the | ||||||
18 | employee and the school district
shall be as agreed upon | ||||||
19 | by the employee and the school district, except
that | ||||||
20 | neither the employee nor the school district may receive | ||||||
21 | more than 90%
of such proceeds. The negotiation for an | ||||||
22 | employee who is represented by an
exclusive bargaining | ||||||
23 | representative may be conducted by such bargaining
| ||||||
24 | representative at the employee's request.
| ||||||
25 | (b) For the purpose of this paragraph 17:
| ||||||
26 | (1) "Computer" means an internally programmed, |
| |||||||
| |||||||
1 | general purpose digital
device capable of | ||||||
2 | automatically accepting data, processing data and | ||||||
3 | supplying
the results of the operation.
| ||||||
4 | (2) "Computer program" means a series of coded | ||||||
5 | instructions or
statements in a form acceptable to a | ||||||
6 | computer, which causes the computer to
process data in | ||||||
7 | order to achieve a certain result.
| ||||||
8 | (3) "Proceeds" means profits derived from the | ||||||
9 | marketing or sale of a product
after deducting the | ||||||
10 | expenses of developing and marketing such product;
| ||||||
11 | 18. To delegate to the general superintendent of
| ||||||
12 | schools, by resolution, the authority to approve contracts | ||||||
13 | and expenditures
in amounts of $35,000 $10,000 or less;
| ||||||
14 | 19. Upon the written request of an employee, to | ||||||
15 | withhold from
the compensation of that employee any dues, | ||||||
16 | payments, or contributions
payable by such employee to any | ||||||
17 | labor organization as defined in the
Illinois Educational | ||||||
18 | Labor Relations Act. Under such arrangement, an
amount | ||||||
19 | shall be withheld from each regular payroll period which | ||||||
20 | is equal to
the pro rata share of the annual dues plus any | ||||||
21 | payments or contributions,
and the board shall transmit | ||||||
22 | such withholdings to the specified labor
organization | ||||||
23 | within 10 working days from the time of the withholding;
| ||||||
24 | 19a. Upon receipt of notice from the comptroller of a | ||||||
25 | municipality with
a population of 500,000 or more, a | ||||||
26 | county with a population of 3,000,000 or
more, the Cook |
| |||||||
| |||||||
1 | County Forest Preserve District, the Chicago Park | ||||||
2 | District, the
Metropolitan Water Reclamation District, the | ||||||
3 | Chicago Transit Authority, or
a housing authority of a | ||||||
4 | municipality with a population of 500,000 or more
that a | ||||||
5 | debt is due and owing the municipality, the county, the | ||||||
6 | Cook County
Forest Preserve District, the Chicago Park | ||||||
7 | District, the Metropolitan Water
Reclamation District, the | ||||||
8 | Chicago Transit Authority, or the housing authority
by an | ||||||
9 | employee of the Chicago Board of Education, to withhold, | ||||||
10 | from the
compensation of that employee, the amount of the | ||||||
11 | debt that is due and owing
and pay the amount withheld to | ||||||
12 | the municipality, the county, the Cook County
Forest | ||||||
13 | Preserve District, the Chicago Park District, the | ||||||
14 | Metropolitan Water
Reclamation District, the Chicago | ||||||
15 | Transit Authority, or the housing authority;
provided, | ||||||
16 | however, that the amount
deducted from any one salary or | ||||||
17 | wage payment shall not exceed 25% of the net
amount of the | ||||||
18 | payment. Before the Board deducts any amount from any | ||||||
19 | salary or
wage of an employee under this paragraph, the | ||||||
20 | municipality, the county, the
Cook County Forest Preserve | ||||||
21 | District, the Chicago Park District, the
Metropolitan | ||||||
22 | Water Reclamation District, the Chicago Transit Authority, | ||||||
23 | or the
housing authority shall certify that (i) the | ||||||
24 | employee has been afforded an
opportunity for a hearing to | ||||||
25 | dispute the debt that is due and owing the
municipality, | ||||||
26 | the county, the Cook County Forest Preserve District, the |
| |||||||
| |||||||
1 | Chicago
Park District, the Metropolitan Water Reclamation | ||||||
2 | District, the Chicago Transit
Authority, or the housing | ||||||
3 | authority and (ii) the employee has received notice
of a | ||||||
4 | wage deduction order and has been afforded an opportunity | ||||||
5 | for a hearing to
object to the order. For purposes of this | ||||||
6 | paragraph, "net amount" means that
part of the salary or | ||||||
7 | wage payment remaining after the deduction of any amounts
| ||||||
8 | required by law to be deducted and "debt due and owing" | ||||||
9 | means (i) a specified
sum of money owed to the | ||||||
10 | municipality, the county, the Cook County Forest
Preserve | ||||||
11 | District, the Chicago Park District, the Metropolitan | ||||||
12 | Water
Reclamation District, the Chicago Transit Authority, | ||||||
13 | or the housing authority
for services, work, or goods, | ||||||
14 | after the period granted for payment has expired,
or (ii) | ||||||
15 | a specified sum of money owed to the municipality, the | ||||||
16 | county, the Cook
County Forest Preserve District, the | ||||||
17 | Chicago Park District, the Metropolitan
Water Reclamation | ||||||
18 | District, the Chicago Transit Authority, or the housing
| ||||||
19 | authority pursuant to a court order or order of an | ||||||
20 | administrative hearing
officer after the exhaustion of, or | ||||||
21 | the failure to exhaust, judicial review;
| ||||||
22 | 20. The board is encouraged to employ a sufficient | ||||||
23 | number of
licensed school counselors to maintain a | ||||||
24 | student/counselor ratio of 250 to
1. Each counselor shall | ||||||
25 | spend at least 75% of his work
time in direct contact with | ||||||
26 | students and shall maintain a record of such time;
|
| |||||||
| |||||||
1 | 21. To make available to students vocational and | ||||||
2 | career
counseling and to establish 5 special career | ||||||
3 | counseling days for students
and parents. On these days | ||||||
4 | representatives of local businesses and
industries shall | ||||||
5 | be invited to the school campus and shall inform students
| ||||||
6 | of career opportunities available to them in the various | ||||||
7 | businesses and
industries. Special consideration shall be | ||||||
8 | given to counseling minority
students as to career | ||||||
9 | opportunities available to them in various fields.
For the | ||||||
10 | purposes of this paragraph, minority student means a | ||||||
11 | person who is any of the following:
| ||||||
12 | (a) American Indian or Alaska Native (a person having | ||||||
13 | origins in any of the original peoples of North and South | ||||||
14 | America, including Central America, and who maintains | ||||||
15 | tribal affiliation or community attachment). | ||||||
16 | (b) Asian (a person having origins in any of the | ||||||
17 | original peoples of the Far East, Southeast Asia, or the | ||||||
18 | Indian subcontinent, including, but not limited to, | ||||||
19 | Cambodia, China, India, Japan, Korea, Malaysia, Pakistan, | ||||||
20 | the Philippine Islands, Thailand, and Vietnam). | ||||||
21 | (c) Black or African American (a person having origins | ||||||
22 | in any of the black racial groups of Africa). | ||||||
23 | (d) Hispanic or Latino (a person of Cuban, Mexican, | ||||||
24 | Puerto Rican, South or Central American, or other Spanish | ||||||
25 | culture or origin, regardless of race). | ||||||
26 | (e) Native Hawaiian or Other Pacific Islander (a |
| |||||||
| |||||||
1 | person having origins in any of the original peoples of | ||||||
2 | Hawaii, Guam, Samoa, or other Pacific Islands).
| ||||||
3 | Counseling days shall not be in lieu of regular school | ||||||
4 | days;
| ||||||
5 | 22. To report to the State Board of Education the | ||||||
6 | annual
student dropout rate and number of students who | ||||||
7 | graduate from, transfer
from, or otherwise leave bilingual | ||||||
8 | programs;
| ||||||
9 | 23. Except as otherwise provided in the Abused and | ||||||
10 | Neglected Child
Reporting Act or other applicable State or | ||||||
11 | federal law, to permit school
officials to withhold, from | ||||||
12 | any person, information on the whereabouts of
any child | ||||||
13 | removed from school premises when the child has been taken | ||||||
14 | into
protective custody as a victim of suspected child | ||||||
15 | abuse. School officials
shall direct such person to the | ||||||
16 | Department of Children and Family Services
or to the local | ||||||
17 | law enforcement agency, if appropriate;
| ||||||
18 | 24. To develop a policy, based on the current state of | ||||||
19 | existing school
facilities, projected enrollment, and | ||||||
20 | efficient utilization of available
resources, for capital | ||||||
21 | improvement of schools and school buildings within
the | ||||||
22 | district, addressing in that policy both the relative | ||||||
23 | priority for
major repairs, renovations, and additions to | ||||||
24 | school facilities and the
advisability or necessity of | ||||||
25 | building new school facilities or closing
existing schools | ||||||
26 | to meet current or projected demographic patterns within
|
| |||||||
| |||||||
1 | the district;
| ||||||
2 | 25. To make available to the students in every high | ||||||
3 | school attendance
center the ability to take all courses | ||||||
4 | necessary to comply with the Board
of Higher Education's | ||||||
5 | college entrance criteria effective in 1993;
| ||||||
6 | 26. To encourage mid-career changes into the teaching | ||||||
7 | profession,
whereby qualified professionals become | ||||||
8 | licensed teachers, by allowing
credit for professional | ||||||
9 | employment in related fields when determining point
of | ||||||
10 | entry on the teacher pay scale;
| ||||||
11 | 27. To provide or contract out training programs for | ||||||
12 | administrative
personnel and principals with revised or | ||||||
13 | expanded duties pursuant to this Code
in order to ensure | ||||||
14 | they have the knowledge and skills to perform
their | ||||||
15 | duties;
| ||||||
16 | 28. To establish a fund for the prioritized special | ||||||
17 | needs programs, and
to allocate such funds and other lump | ||||||
18 | sum amounts to each attendance center
in a manner | ||||||
19 | consistent with the provisions of part 4 of Section | ||||||
20 | 34-2.3.
Nothing in this paragraph shall be construed to | ||||||
21 | require any additional
appropriations of State funds for | ||||||
22 | this purpose;
| ||||||
23 | 29. (Blank);
| ||||||
24 | 30. Notwithstanding any other provision of this Act or | ||||||
25 | any other law to
the contrary, to contract with third | ||||||
26 | parties for services otherwise performed
by employees, |
| |||||||
| |||||||
1 | including those in a bargaining unit, and to layoff those
| ||||||
2 | employees upon 14 days written notice to the affected | ||||||
3 | employees. Those
contracts may be for a period not to | ||||||
4 | exceed 5 years and may be awarded on a
system-wide basis. | ||||||
5 | The board may not operate more than 30 contract schools, | ||||||
6 | provided that the board may operate an additional 5 | ||||||
7 | contract turnaround schools pursuant to item (5.5) of | ||||||
8 | subsection (d) of Section 34-8.3 of this Code, and the | ||||||
9 | governing bodies of contract schools are subject to the | ||||||
10 | Freedom of Information Act and Open Meetings Act;
| ||||||
11 | 31. To promulgate rules establishing procedures | ||||||
12 | governing the layoff or
reduction in force of employees | ||||||
13 | and the recall of such employees, including,
but not | ||||||
14 | limited to, criteria for such layoffs, reductions in force | ||||||
15 | or recall
rights of such employees and the weight to be | ||||||
16 | given to any particular
criterion. Such criteria shall | ||||||
17 | take into account factors, including, but not
limited to, | ||||||
18 | qualifications, certifications, experience, performance | ||||||
19 | ratings or
evaluations, and any other factors relating to | ||||||
20 | an employee's job performance;
| ||||||
21 | 32. To develop a policy to prevent nepotism in the | ||||||
22 | hiring of personnel
or the selection of contractors;
| ||||||
23 | 33. (Blank); and
| ||||||
24 | 34. To establish a Labor Management Council to the | ||||||
25 | board
comprised of representatives of the board, the chief | ||||||
26 | executive
officer, and those labor organizations that are |
| |||||||
| |||||||
1 | the exclusive
representatives of employees of the board | ||||||
2 | and to promulgate
policies and procedures for the | ||||||
3 | operation of the Council.
| ||||||
4 | The specifications of the powers herein granted are not to | ||||||
5 | be
construed as exclusive, but the board shall also exercise | ||||||
6 | all other
powers that may be requisite or proper for the | ||||||
7 | maintenance and the
development of a public school system, not | ||||||
8 | inconsistent with the other
provisions of this Article or | ||||||
9 | provisions of this Code which apply to all
school districts.
| ||||||
10 | In addition to the powers herein granted and authorized to | ||||||
11 | be exercised
by the board, it shall be the duty of the board to | ||||||
12 | review or to direct
independent reviews of special education | ||||||
13 | expenditures and services.
The board shall file a report of | ||||||
14 | such review with the General Assembly on
or before May 1, 1990.
| ||||||
15 | (Source: P.A. 101-12, eff. 7-1-19; 101-88, eff. 1-1-20; | ||||||
16 | 102-465, eff. 1-1-22; 102-558, eff. 8-20-21; 102-894, eff. | ||||||
17 | 5-20-22.)
| ||||||
18 | (105 ILCS 5/34-21.3) (from Ch. 122, par. 34-21.3)
| ||||||
19 | Sec. 34-21.3. Contracts. The board shall by record vote | ||||||
20 | let all
contracts (other than those excepted
by Section | ||||||
21 | 10-20.21 of this The School Code) for supplies, materials,
or | ||||||
22 | work , and contracts with private carriers for transportation
| ||||||
23 | of pupils , involving an expenditure in excess of $35,000 | ||||||
24 | $25,000 or a lower amount as required by board policy by | ||||||
25 | competitive
bidding as provided in Section 10-20.21 of this |
| |||||||
| |||||||
1 | The School Code.
| ||||||
2 | The board may delegate to the general superintendent of | ||||||
3 | schools, by
resolution, the authority to approve contracts in | ||||||
4 | amounts of $35,000 $25,000 or
less.
| ||||||
5 | For a period of one year from and after the expiration or | ||||||
6 | other termination
of his or her term of office as a member of | ||||||
7 | the board: (i) the former board
member shall not be eligible | ||||||
8 | for employment nor be employed by the board, a
local school | ||||||
9 | council, an attendance center, or any other
subdivision or | ||||||
10 | agent of the board or the school district governed by the | ||||||
11 | board,
and (ii) neither the board nor the chief purchasing | ||||||
12 | officer shall let or
delegate
authority to let any contract | ||||||
13 | for
services, employment, or other work to the former board | ||||||
14 | member or to any
corporation,
partnership, association, sole | ||||||
15 | proprietorship, or other entity other than
publicly traded | ||||||
16 | companies from which the
former board member receives an | ||||||
17 | annual income, dividends, or other compensation
in excess of | ||||||
18 | $1,500. Any contract that is entered into by or under a
| ||||||
19 | delegation of authority from the board or the chief purchasing | ||||||
20 | officer shall
contain a
provision stating that
the contract is | ||||||
21 | not legally binding on the board if entered into in violation
| ||||||
22 | of the provisions of this paragraph.
| ||||||
23 | In addition, the State Board of Education, in consultation | ||||||
24 | with the board,
shall (i) review existing conflict of interest | ||||||
25 | and disclosure laws or
regulations that are applicable to the | ||||||
26 | executive officers and governing boards
of school districts |
| |||||||
| |||||||
1 | organized under this Article and school districts
generally, | ||||||
2 | (ii) determine what additional disclosure and conflict of | ||||||
3 | interest
provisions would enhance the reputation and fiscal | ||||||
4 | integrity of the board and
the procedure under which contracts | ||||||
5 | for goods and services are let, and (iii)
develop appropriate | ||||||
6 | reporting forms and procedures applicable to the executive
| ||||||
7 | officers, governing board, and other officials of the school | ||||||
8 | district.
| ||||||
9 | (Source: P.A. 95-990, eff. 10-3-08.)
| ||||||
10 | ARTICLE 85. | ||||||
11 | Section 85-5. The Election Code is amended by changing | ||||||
12 | Section 13-10 as follows:
| ||||||
13 | (10 ILCS 5/13-10) (from Ch. 46, par. 13-10)
| ||||||
14 | Sec. 13-10. The compensation of the judges of all | ||||||
15 | primaries and all
elections, except judges supervising vote by | ||||||
16 | mail ballots as provided in
Section 19-12.2 of this Act, in | ||||||
17 | counties of less than 600,000
inhabitants shall be fixed by | ||||||
18 | the respective county boards or boards of
election | ||||||
19 | commissioners in all counties and municipalities, but in no | ||||||
20 | case
shall such compensation be less than $35 per day. The
| ||||||
21 | compensation of judges of all primaries and all elections not | ||||||
22 | under the
jurisdiction of the county clerk, except judges | ||||||
23 | supervising vote by mail balloting
as provided in Section |
| |||||||
| |||||||
1 | 19-12.2 of this Act, in counties having a population of
| ||||||
2 | 2,000,000 or more shall be not less than $60 per day. The
| ||||||
3 | compensation of judges of all primaries and all elections | ||||||
4 | under the
jurisdiction of the county clerk, except judges | ||||||
5 | supervising vote by mail
balloting as provided in Section | ||||||
6 | 19-12.2 of this Act, in counties having a
population of | ||||||
7 | 2,000,000 or more shall be not less than $60 per day. The | ||||||
8 | compensation of judges of all primaries and all elections,
| ||||||
9 | except judges supervising vote by mail ballots as provided in | ||||||
10 | Section 19-12.2 of
this Act, in counties having a population | ||||||
11 | of at least 600,000 but less than
2,000,000 inhabitants shall | ||||||
12 | be not less than $45 per day
as
fixed by the county board of | ||||||
13 | election commissioners of each such county. In
addition to | ||||||
14 | their per day compensation and notwithstanding the limitations
| ||||||
15 | thereon stated herein, the judges of election, in all counties | ||||||
16 | with a
population of less than 600,000, shall be paid $3 each | ||||||
17 | for each 100 voters or
portion thereof, in excess of 200 voters | ||||||
18 | voting for candidates in the election
district or precinct | ||||||
19 | wherein the judge is serving, whether a primary or an
election | ||||||
20 | is being held. However, no such extra compensation shall be | ||||||
21 | paid to
the judges of election in any precinct in which no | ||||||
22 | paper ballots are counted by
such judges of election. The 2 | ||||||
23 | judges of election in counties having a
population of less | ||||||
24 | than 600,000 who deliver the returns to the county clerk
shall | ||||||
25 | each be allowed and paid a sum to be determined by the election | ||||||
26 | authority
for such services and an additional sum per mile to |
| |||||||
| |||||||
1 | be determined by the
election authority for every mile | ||||||
2 | necessarily travelled in going to and
returning from the | ||||||
3 | office or place to which they deliver the returns. The
| ||||||
4 | compensation for mileage shall be consistent with current | ||||||
5 | rates paid for
mileage to employees of the county.
| ||||||
6 | However, all judges who have been certified by the County | ||||||
7 | Clerk or Board of
Election Commissioners as having | ||||||
8 | satisfactorily completed, within the 2 years
preceding the day | ||||||
9 | of election, the training course for judges of election, as
| ||||||
10 | provided in Sections 13-2.1, 13-2.2 and 14-4.1 of this Act, | ||||||
11 | shall receive
additional compensation of not less than $10 per | ||||||
12 | day in
counties of less than 600,000 inhabitants, the | ||||||
13 | additional compensation of not
less than $10 per day in | ||||||
14 | counties having a population of
at
least 600,000 but less than | ||||||
15 | 2,000,000 inhabitants as fixed by the county board
of election | ||||||
16 | commissioners of each such county, and additional compensation | ||||||
17 | of
not less than $20 per day in counties having a population
of | ||||||
18 | 2,000,000 or more for primaries and elections not under the
| ||||||
19 | jurisdiction of the county clerk, and additional compensation | ||||||
20 | of not less
than $20 per day in counties having a population of
| ||||||
21 | 2,000,000 or more for primaries and elections under the | ||||||
22 | jurisdiction of the
county clerk.
| ||||||
23 | In precincts in which there are tally judges, the | ||||||
24 | compensation of the
tally judges shall be 2/3 of that of the | ||||||
25 | judges of election and each
holdover judge shall be paid the | ||||||
26 | compensation of a judge of election
plus that of a tally judge.
|
| |||||||
| |||||||
1 | Beginning on the effective date of this amendatory Act of | ||||||
2 | 1998, the portion
of an election judge's daily compensation | ||||||
3 | reimbursed by the State Board of
Elections is increased by
| ||||||
4 | $15.
The increase provided by this amendatory Act of 1998 must | ||||||
5 | be used
to increase each judge's compensation and may not be | ||||||
6 | used by the county to
reduce its portion of a judge's | ||||||
7 | compensation.
| ||||||
8 | Beginning on the effective date of this amendatory Act of | ||||||
9 | the 95th General Assembly, the portion of an election judge's | ||||||
10 | daily compensation reimbursement by the State Board of | ||||||
11 | Elections is increased by an additional $20. The increase | ||||||
12 | provided by this amendatory Act of the 95th General Assembly | ||||||
13 | must be used to increase each judge's compensation and may not | ||||||
14 | be used by the election authority or election jurisdiction to | ||||||
15 | reduce its portion of a judge's compensation.
| ||||||
16 | Beginning on the effective date of this amendatory Act of | ||||||
17 | the 103rd General Assembly, the portion of an election judge's | ||||||
18 | daily compensation reimbursement by the State Board of | ||||||
19 | Elections is increased by an additional $20.
The increase | ||||||
20 | provided by this amendatory Act of the 103rd General Assembly | ||||||
21 | must be used to increase each judge's compensation and may not | ||||||
22 | be used by the election authority or election jurisdiction to | ||||||
23 | reduce its portion of a judge's compensation. | ||||||
24 | (Source: P.A. 98-1171, eff. 6-1-15 .)
| ||||||
25 | ARTICLE 90. |
| |||||||
| |||||||
1 | Section 90-5. The Reimagine Public Safety Act is amended | ||||||
2 | by changing Sections 35-10, 35-15, 35-25, 35-30, 35-35, 35-40 | ||||||
3 | and 35-50 as follows: | ||||||
4 | (430 ILCS 69/35-10)
| ||||||
5 | Sec. 35-10. Definitions. As used in this Act: | ||||||
6 | "Approved technical assistance and training provider" | ||||||
7 | means an organization that has experience in improving the | ||||||
8 | outcomes of local community-based organizations by providing | ||||||
9 | supportive services that address the gaps in their resources | ||||||
10 | and knowledge about content-based work or provide support and | ||||||
11 | knowledge about the administration and management of | ||||||
12 | organizations, or both. Approved technical assistance and | ||||||
13 | training providers as defined in this Act are intended to | ||||||
14 | assist community organizations with evaluating the need for | ||||||
15 | evidence-based violence prevention services, promising | ||||||
16 | violence prevention programs, starting up programming, and | ||||||
17 | strengthening the quality of existing programming. | ||||||
18 | "Community" or "communities" means, for municipalities | ||||||
19 | with a 1,000,000 or more population in Illinois, the 77 | ||||||
20 | designated neighborhood areas defined by the University of | ||||||
21 | Chicago Social Science Research Committee as amended in 1980. | ||||||
22 | "Concentrated firearm violence" means the 10 most violent | ||||||
23 | communities in Illinois municipalities with 1,000,000 or more | ||||||
24 | residents and the 10 most violent municipalities with less |
| |||||||
| |||||||
1 | than 1,000,000 residents and greater than 35,000 residents | ||||||
2 | with the most per capita fatal and nonfatal firearm-shot | ||||||
3 | victims, excluding self-inflicted incidents, from January 1, | ||||||
4 | 2016 through December 31, 2020. | ||||||
5 | "Credible messenger" means an individual who has been | ||||||
6 | arrested, indicted, convicted, adjudicated delinquent, or | ||||||
7 | otherwise detained by criminal or juvenile justice authorities | ||||||
8 | for violation of State criminal law and has successfully | ||||||
9 | reached the end of the individual's sentence or the final | ||||||
10 | termination of the individual's term of commitment and has | ||||||
11 | relationships in a specific community that can promote | ||||||
12 | conflict resolution and healing. | ||||||
13 | "Criminal and juvenile justice-involved" means an | ||||||
14 | individual who has been arrested, indicted, convicted, | ||||||
15 | adjudicated delinquent, or otherwise detained by criminal or | ||||||
16 | juvenile justice authorities for violation of Illinois | ||||||
17 | criminal laws. | ||||||
18 | "Evidence-based high-risk youth intervention services" | ||||||
19 | means programs that have been proven to reduce involvement in | ||||||
20 | the criminal or juvenile justice system, increase school | ||||||
21 | attendance, and includes referrals of high-risk teens into | ||||||
22 | therapeutic programs that address trauma recovery and other | ||||||
23 | mental health improvements based on best practices in the | ||||||
24 | youth intervention services field.
| ||||||
25 | "Evidence-based violence prevention services" means | ||||||
26 | coordinated programming and services that may include, but are |
| |||||||
| |||||||
1 | not limited to, effective emotional or trauma related | ||||||
2 | therapies, housing, employment training, job placement, family | ||||||
3 | engagement, or wrap-around support services that have been | ||||||
4 | proven effective or are considered to be best practice for | ||||||
5 | reducing violence within the field of violence intervention | ||||||
6 | research and practice. | ||||||
7 | "Evidence-based youth development programs" means | ||||||
8 | after-school and summer programming that provides services to | ||||||
9 | teens to increase their school attendance, school performance, | ||||||
10 | reduce involvement in the criminal justice system, and develop | ||||||
11 | nonacademic interests that build social emotional persistence | ||||||
12 | and intelligence based on best practices in the field of youth | ||||||
13 | development services for high-risk youth. | ||||||
14 | "Options school" means a secondary school where 75% or | ||||||
15 | more of attending students have either stopped attending or | ||||||
16 | failed their secondary school courses since first attending | ||||||
17 | ninth grade. | ||||||
18 | "Violence prevention organization" means an organization | ||||||
19 | that manages and employs qualified violence prevention | ||||||
20 | professionals. | ||||||
21 | "Violence prevention professional" means a community | ||||||
22 | health worker who renders violence preventive services. | ||||||
23 | "Social organization" means an organization of individuals | ||||||
24 | who form the organization for the purposes of enjoyment, work, | ||||||
25 | and other mutual interests.
| ||||||
26 | (Source: P.A. 102-16, eff. 6-17-21; 102-679, eff. 12-10-21; |
| |||||||
| |||||||
1 | 102-687, eff. 12-17-21.) | ||||||
2 | (430 ILCS 69/35-15)
| ||||||
3 | Sec. 35-15. Findings. The Illinois General Assembly finds | ||||||
4 | that: | ||||||
5 | (1) Discrete neighborhoods in municipalities across | ||||||
6 | Illinois are experiencing concentrated and perpetual | ||||||
7 | firearm violence that is a public health epidemic. | ||||||
8 | (2) Within neighborhoods experiencing this firearm | ||||||
9 | violence epidemic, violence is concentrated among teens | ||||||
10 | and young adults that have chronic exposure to the risk of | ||||||
11 | violence and criminal legal system involvement and related | ||||||
12 | trauma in small geographic areas where these young people | ||||||
13 | live or congregate. | ||||||
14 | (3) Firearm violence victimization and perpetration is | ||||||
15 | highly concentrated in particular neighborhoods, | ||||||
16 | particular blocks within these neighborhoods, and among a | ||||||
17 | small number of individuals living in these areas. | ||||||
18 | (4) People who are chronically exposed to the risk of | ||||||
19 | firearm violence victimization are substantially more | ||||||
20 | likely to be violently injured or violently injure another | ||||||
21 | person. People who have been violently injured are | ||||||
22 | substantially more likely to be violently reinjured. | ||||||
23 | Chronic exposure to violence additionally leads | ||||||
24 | individuals to engage in behavior, as part of a cycle of | ||||||
25 | community violence, trauma, and retaliation that |
| |||||||
| |||||||
1 | substantially increases their own risk of violent injury | ||||||
2 | or reinjury. | ||||||
3 | (5) Evidence-based programs that engage individuals at | ||||||
4 | the highest risk of firearm violence and provide life | ||||||
5 | stabilization, case management, and culturally competent | ||||||
6 | group and individual therapy reduce firearm violence | ||||||
7 | victimization and perpetration and can end Illinois' | ||||||
8 | firearm violence epidemic. | ||||||
9 | (6) A public health approach to ending Illinois' | ||||||
10 | firearm violence epidemic requires targeted, integrated | ||||||
11 | behavioral health services and economic opportunity that | ||||||
12 | promotes self-sufficiency for victims of firearm violence | ||||||
13 | and those with chronic exposure to the risk of firearm | ||||||
14 | violence victimization , including, but not limited to, | ||||||
15 | services for criminal and juvenile justice-involved | ||||||
16 | populations and crisis response services, such as | ||||||
17 | psychological first aid . | ||||||
18 | (7) A public health approach to ending Illinois' | ||||||
19 | firearm violence epidemic further requires broader | ||||||
20 | preventive investments in the census tracts and blocks | ||||||
21 | that reduce risk factors for youth and families living in | ||||||
22 | areas at the highest risk of firearm violence | ||||||
23 | victimization. | ||||||
24 | (8) A public health approach to ending Illinois' | ||||||
25 | firearm violence epidemic requires empowering residents | ||||||
26 | and community-based organizations within impacted |
| |||||||
| |||||||
1 | neighborhoods to provide culturally competent care based | ||||||
2 | on lived experience in these areas and long-term | ||||||
3 | relationships of mutual interest that promote safety and | ||||||
4 | stability. | ||||||
5 | (9) A public health approach to ending Illinois' | ||||||
6 | firearm violence epidemic further requires that preventive | ||||||
7 | youth development services for youth in these | ||||||
8 | neighborhoods be fully integrated with a team-based model | ||||||
9 | of mental health care to address trauma recovery for those | ||||||
10 | young people at the highest risk of firearm violence | ||||||
11 | victimization. | ||||||
12 | (10) Community revitalization can be an effective | ||||||
13 | violence prevention strategy, provided that revitalization | ||||||
14 | is targeted to the highest risk geographies within | ||||||
15 | communities and revitalization efforts are designed and | ||||||
16 | led by individuals living and working in the impacted | ||||||
17 | communities.
| ||||||
18 | (Source: P.A. 102-16, eff. 6-17-21; 102-679, eff. 12-10-21.) | ||||||
19 | (430 ILCS 69/35-25)
| ||||||
20 | Sec. 35-25. Integrated violence prevention and other | ||||||
21 | services. | ||||||
22 | (a) Subject to appropriation, for municipalities with | ||||||
23 | 1,000,000 or more residents, the Office of Firearm Violence | ||||||
24 | Prevention shall make grants to violence prevention | ||||||
25 | organizations for evidence-based violence prevention services. |
| |||||||
| |||||||
1 | Approved technical assistance and training providers shall | ||||||
2 | create learning communities for the exchange of information | ||||||
3 | between community-based organizations in the same or similar | ||||||
4 | fields. Firearm violence prevention organizations shall | ||||||
5 | prioritize individuals at the highest risk of firearm violence | ||||||
6 | victimization and provide these individuals with | ||||||
7 | evidence-based comprehensive services that reduce their | ||||||
8 | exposure to chronic firearm violence. | ||||||
9 | (a-5) Grants may be awarded under this Act to Reimagine
| ||||||
10 | Public Safety grantees or their subgrantees to provide any one | ||||||
11 | or more of the following services to Reimagine Public Safety | ||||||
12 | program participants or credible messengers: | ||||||
13 | (1) Behavioral health services, including clinical
| ||||||
14 | interventions, crisis interventions, and group counseling
| ||||||
15 | supports, such as peer support groups, social-emotional
| ||||||
16 | learning supports, including skill building for anger
| ||||||
17 | management, de-escalation, sensory stabilization, coping
| ||||||
18 | strategies, and thoughtful decision-making, short-term
| ||||||
19 | clinical individual sessions, psycho-social assessments, | ||||||
20 | and motivational interviewing. | ||||||
21 | (A) Funds awarded under this paragraph may be used | ||||||
22 | for behavioral health services until July 1, 2024. | ||||||
23 | (B) Any community violence prevention service | ||||||
24 | provider being reimbursed from funds awarded under | ||||||
25 | this paragraph for behavioral health services must | ||||||
26 | also file a plan to become Medicaid certified for |
| |||||||
| |||||||
1 | violence prevention-community support team services | ||||||
2 | under the Illinois Medicaid program on or before July | ||||||
3 | 1, 2024. | ||||||
4 | (2) Capacity-building services, including
| ||||||
5 | administrative and programmatic support, services, and
| ||||||
6 | resources, such as subcontract development, budget
| ||||||
7 | development, grant monitoring and reporting, and fiscal
| ||||||
8 | sponsorship. Capacity-building services financed with
| ||||||
9 | grants awarded under this Act may also include intensive
| ||||||
10 | training and technical assistance focused on Community
| ||||||
11 | Violence Intervention (CVI) not-for-profit business
| ||||||
12 | operations, best practice delivery of firearm violence
| ||||||
13 | prevention services, and assistance with administering and
| ||||||
14 | meeting fiscal reporting or auditing requirements.
| ||||||
15 | Capacity-building services financed with grants awarded
| ||||||
16 | under this Act must be directed to a current or potential
| ||||||
17 | Reimagine Public Safety firearm violence prevention
| ||||||
18 | provider and cannot exceed 20% of potential funds awarded
| ||||||
19 | to the relevant provider or future provider. | ||||||
20 | (3) Legal aid services, including funding for staff
| ||||||
21 | attorneys and paralegals to provide education, training,
| ||||||
22 | legal services, and advocacy for program recipients. Legal
| ||||||
23 | aid services that may be provided with grant funds awarded
| ||||||
24 | under this Act include "Know Your Rights" clinics,
| ||||||
25 | trainings targeting returning citizens and families
| ||||||
26 | impacted by incarceration, and long-term legal efforts |
| |||||||
| |||||||
1 | addressing expungement, civil rights, family law, housing,
| ||||||
2 | employment, and victim rights. Legal aid services provided
| ||||||
3 | with grant funds awarded under this Act shall not be
| ||||||
4 | directed toward criminal justice issues. | ||||||
5 | (4) Housing services, including grants for emergency
| ||||||
6 | and temporary housing for individuals at immediate risk of
| ||||||
7 | firearm violence, except that grant funding provided under
| ||||||
8 | this paragraph must be directed only toward Reimagine
| ||||||
9 | Public Safety program participants. | ||||||
10 | (5) Workforce development services, including grants
| ||||||
11 | for job coaching, intensive case management, employment
| ||||||
12 | training and placement, and retention services, including
| ||||||
13 | the provision of transitional job placements and access to
| ||||||
14 | basic certificate training for industry-specific jobs.
| ||||||
15 | Training also includes the provision of education-related
| ||||||
16 | content, such as financial literacy training, GED | ||||||
17 | preparation, and academic coaching. | ||||||
18 | (6) Re-entry services for individuals exiting the
| ||||||
19 | State or county criminal justice systems, if those
| ||||||
20 | individuals are either eligible for services under this
| ||||||
21 | Act as participants or are individuals who can make an
| ||||||
22 | immediate contribution to mediate neighborhood conflicts
| ||||||
23 | if they receive stabilizing services. Re-entry services
| ||||||
24 | financed with grants awarded under this Act include all
| ||||||
25 | services authorized under this Act, including services
| ||||||
26 | listed in this subsection. |
| |||||||
| |||||||
1 | (7) Victim services, including assessments and
| ||||||
2 | screening of victim needs, planning sessions related to | ||||||
3 | assessments, service planning and goal setting, assessing
| ||||||
4 | intervention needs, notifying and navigating participants
| ||||||
5 | through public agency processes for victim compensation, | ||||||
6 | crisis intervention, emergency financial assistance,
| ||||||
7 | transportation, medical care, stable housing, and shelter,
| ||||||
8 | assessment and linkage to public benefits, and relocation
| ||||||
9 | services. | ||||||
10 | (b) In the geographic areas they serve, violence Violence | ||||||
11 | prevention organizations shall develop the following expertise | ||||||
12 | in the geographic areas that they cover : | ||||||
13 | (1) Analyzing and leveraging data to identify the | ||||||
14 | individuals who will most benefit from evidence-based | ||||||
15 | violence prevention services in their geographic areas. | ||||||
16 | (2) Identifying the conflicts that are responsible for | ||||||
17 | recurring violence. | ||||||
18 | (3) Having relationships with individuals who are most | ||||||
19 | able to reduce conflicts. | ||||||
20 | (4) Addressing the stabilization and trauma recovery | ||||||
21 | needs of individuals impacted by violence by providing | ||||||
22 | direct services for their unmet needs or referring them to | ||||||
23 | other qualified service providers.
| ||||||
24 | (5) Having and building relationships with community | ||||||
25 | members and community organizations that provide | ||||||
26 | evidence-based violence prevention services and get |
| |||||||
| |||||||
1 | referrals of people who will most benefit from | ||||||
2 | evidence-based violence prevention services in their | ||||||
3 | geographic areas.
| ||||||
4 | (6) Providing training and technical assistance to | ||||||
5 | local law enforcement agencies to improve their | ||||||
6 | effectiveness without having any role, requirement, or | ||||||
7 | mandate to participate in the policing, enforcement, or | ||||||
8 | prosecution of any crime. | ||||||
9 | (c) Violence prevention organizations receiving grants | ||||||
10 | under this Act shall coordinate services with other violence | ||||||
11 | prevention organizations in their area. | ||||||
12 | (d) The Office of Firearm Violence Prevention shall | ||||||
13 | identify, for each separate eligible service area under this | ||||||
14 | Act, an experienced violence prevention organization to serve | ||||||
15 | as the Lead Violence Prevention Convener for that area and | ||||||
16 | provide each Lead Violence Prevention Convener with a grant of | ||||||
17 | up to $100,000 to these organizations to coordinate monthly | ||||||
18 | meetings between violence prevention organizations and youth | ||||||
19 | development organizations under this Act. The Lead Violence | ||||||
20 | Prevention Convener may also receive, from the Office of | ||||||
21 | Firearm Violence Prevention, technical assistance or training | ||||||
22 | through approved providers when needs are jointly identified. | ||||||
23 | The Lead Violence Prevention Convener shall: | ||||||
24 | (1) provide the convened organizations with summary | ||||||
25 | notes recommendations made at the monthly meetings to | ||||||
26 | improve the effectiveness of evidence-based violence |
| |||||||
| |||||||
1 | prevention services based on review of timely data on | ||||||
2 | shootings and homicides in his or her relevant | ||||||
3 | neighborhood; | ||||||
4 | (2) attend monthly meetings where the cause of | ||||||
5 | violence and other neighborhood disputes is discussed and | ||||||
6 | strategize on how to resolve ongoing conflicts and execute | ||||||
7 | on agreed plans; | ||||||
8 | (3) (blank); | ||||||
9 | (4) on behalf of the convened organizations, make | ||||||
10 | consensus recommendations to the Office of Firearm | ||||||
11 | Violence Prevention and local law enforcement on how to | ||||||
12 | reduce violent conflict in his or her neighborhood; | ||||||
13 | (5) meet on an emergency basis when conflicts that | ||||||
14 | need immediate attention and resolution arise; | ||||||
15 | (6) share knowledge and strategies of the community | ||||||
16 | violence dynamic in monthly meetings with local youth | ||||||
17 | development specialists receiving grants under this Act; | ||||||
18 | (7) select when and where needed an approved Office of | ||||||
19 | Violence Prevention-funded technical assistance and | ||||||
20 | training service provider to receive agreed upon services; | ||||||
21 | and | ||||||
22 | (8) after meeting with community residents and other | ||||||
23 | community organizations that have expertise in housing, | ||||||
24 | mental health, economic development, education, and social | ||||||
25 | services, make recommendations to the Office of Firearm | ||||||
26 | Violence Prevention on how to target community |
| |||||||
| |||||||
1 | revitalization resources available from federal and State | ||||||
2 | funding sources. | ||||||
3 | The Office of Firearm Violence Prevention shall compile | ||||||
4 | recommendations from all Lead Violence Prevention Conveners | ||||||
5 | and report to the General Assembly bi-annually on these | ||||||
6 | funding recommendations. The Lead Violence Prevention Convener | ||||||
7 | may also serve as a violence prevention or youth development | ||||||
8 | provider. | ||||||
9 | (e) The Illinois Office of Firearm Violence Prevention | ||||||
10 | shall select, when possible and appropriate, no fewer than 2 | ||||||
11 | and no more than 3 approved technical assistance and training | ||||||
12 | providers to deliver technical assistance and training to the | ||||||
13 | violence prevention organizations that request to receive | ||||||
14 | approved technical assistance and training. Violence | ||||||
15 | prevention organizations shall have the opportunity complete | ||||||
16 | authority to select among the approved technical assistance | ||||||
17 | services providers funded by the Office of Firearm Violence | ||||||
18 | Prevention , as long as the technical assistance provider has | ||||||
19 | the capacity to effectively serve the grantees that have | ||||||
20 | selected them. The Department shall make best efforts to | ||||||
21 | accommodate second choices of violence prevention | ||||||
22 | organizations when the violence prevention organizations' | ||||||
23 | first choice does not have capacity to provide technical | ||||||
24 | assistance . | ||||||
25 | (f) Approved technical assistance and training providers | ||||||
26 | may: |
| |||||||
| |||||||
1 | (1) provide training and certification to violence | ||||||
2 | prevention professionals on how to perform violence | ||||||
3 | prevention services and other professional development to | ||||||
4 | violence prevention professionals. | ||||||
5 | (2) provide management training on how to manage | ||||||
6 | violence prevention professionals;
| ||||||
7 | (3) provide training and assistance on how to develop | ||||||
8 | memorandum of understanding for referral services or | ||||||
9 | create approved provider lists for these referral | ||||||
10 | services, or both; | ||||||
11 | (4) share lessons learned among violence prevention | ||||||
12 | professionals and service providers in their network; and | ||||||
13 | (5) provide technical assistance and training on human | ||||||
14 | resources, grants management, capacity building, and | ||||||
15 | fiscal management strategies. | ||||||
16 | (g) Approved technical assistance and training providers | ||||||
17 | shall: | ||||||
18 | (1) provide additional services identified as | ||||||
19 | necessary by the Office of Firearm Violence Prevention and | ||||||
20 | service providers in their network; and | ||||||
21 | (2) receive a base grant of up to $250,000 plus | ||||||
22 | negotiated service rates to provide group and | ||||||
23 | individualized services to participating violence | ||||||
24 | prevention organizations. | ||||||
25 | (h) (Blank). | ||||||
26 | (i) The Office of Firearm Violence Prevention shall issue |
| |||||||
| |||||||
1 | grants, when possible and appropriate, to no fewer than 2 | ||||||
2 | violence prevention organizations in each of the eligible | ||||||
3 | service areas and no more than 6 organizations. When possible, | ||||||
4 | the Office of Firearm Violence Prevention shall work, subject | ||||||
5 | to eligible applications received, to ensure that grant | ||||||
6 | resources are equitably distributed across eligible service | ||||||
7 | areas grants shall be for no less than $300,000 per violence | ||||||
8 | prevention organization . The Office of Firearm Violence | ||||||
9 | Prevention may establish grant award ranges to ensure grants | ||||||
10 | will have the potential to reduce violence in each | ||||||
11 | neighborhood. | ||||||
12 | (j) No violence prevention organization can serve more | ||||||
13 | than 3 eligible service areas unless the Office of Firearm | ||||||
14 | Violence Prevention is unable to identify violence prevention | ||||||
15 | organizations to provide adequate coverage. | ||||||
16 | (k) No approved technical assistance and training provider | ||||||
17 | shall provide evidence-based violence prevention services in | ||||||
18 | an eligible service area under this Act unless the Office of | ||||||
19 | Firearm Violence Prevention is unable to identify qualified | ||||||
20 | violence prevention organizations to provide adequate | ||||||
21 | coverage.
| ||||||
22 | (Source: P.A. 102-16, eff. 6-17-21; 102-679, eff. 12-10-21.) | ||||||
23 | (430 ILCS 69/35-30)
| ||||||
24 | Sec. 35-30. Integrated youth services. | ||||||
25 | (a) Subject to appropriation, for municipalities with |
| |||||||
| |||||||
1 | 1,000,000 or more residents, the Office of Firearm Violence | ||||||
2 | Prevention shall make grants to youth development | ||||||
3 | organizations for evidence-based youth programming, including, | ||||||
4 | but not limited to, after-school and summer programming. | ||||||
5 | Evidence-based youth development programs shall provide | ||||||
6 | services to teens that increase their school attendance , and | ||||||
7 | school performance and to teens or young adults that , reduce | ||||||
8 | involvement in the criminal and juvenile justice systems, | ||||||
9 | develop employment and life skills, and develop nonacademic | ||||||
10 | interests that build social emotional persistence and | ||||||
11 | intelligence. | ||||||
12 | (b) The Office of Firearm Violence Prevention shall | ||||||
13 | identify municipal blocks where more than 35% of all fatal and | ||||||
14 | nonfatal firearm-shot incidents take place and focus youth | ||||||
15 | development service grants to residents of these identified | ||||||
16 | blocks in the designated eligible service areas. The | ||||||
17 | Department of Human Services shall prioritize funding to youth | ||||||
18 | development service programs that serve the following teens | ||||||
19 | before expanding services to the broader community: | ||||||
20 | (1) criminal and juvenile justice-involved youth; | ||||||
21 | (2) students who are attending or have attended option | ||||||
22 | schools; | ||||||
23 | (3) family members of individuals working with | ||||||
24 | violence prevention organizations; and | ||||||
25 | (4) youth living on the blocks where more than 35% of | ||||||
26 | the violence takes place in a neighborhood. |
| |||||||
| |||||||
1 | (c) Each program participant enrolled in a youth | ||||||
2 | development program under this Act, when possible and | ||||||
3 | appropriate, shall receive an individualized needs assessment | ||||||
4 | to determine if the participant requires intensive youth | ||||||
5 | services as provided for in Section 35-35 of this Act. The | ||||||
6 | needs assessment should be the best available instrument that | ||||||
7 | considers the physical and mental condition of each youth | ||||||
8 | based on the youth's family ties, financial resources, past | ||||||
9 | substance use, criminal justice involvement, and trauma | ||||||
10 | related to chronic exposure to firearm violence behavioral | ||||||
11 | health assessment to determine the participant's broader | ||||||
12 | support and mental health needs. The Office of Firearm | ||||||
13 | Violence Prevention shall determine best practices for | ||||||
14 | referring program participants who are at the highest risk of | ||||||
15 | violence and justice involvement to be referred to a high-risk | ||||||
16 | youth intervention program established in Section 35-35. | ||||||
17 | (d) Youth development prevention program participants | ||||||
18 | shall receive services designed to empower participants with | ||||||
19 | the social and emotional skills necessary to forge paths of | ||||||
20 | healthy development and disengagement from high-risk | ||||||
21 | behaviors. Within the context of engaging social, physical, | ||||||
22 | and personal development activities, participants should build | ||||||
23 | resilience and the skills associated with healthy social, | ||||||
24 | emotional, and identity development. | ||||||
25 | (e) Youth development providers shall develop the | ||||||
26 | following expertise in the geographic areas they cover: |
| |||||||
| |||||||
1 | (1) Knowledge of the teens and their social | ||||||
2 | organization in the blocks they are designated to serve. | ||||||
3 | (2) Youth development organizations receiving grants | ||||||
4 | under this Act shall be required to coordinate services | ||||||
5 | with other youth development organizations in their | ||||||
6 | neighborhood by sharing lessons learned in monthly | ||||||
7 | meetings. | ||||||
8 | (3) (Blank). | ||||||
9 | (4) Meeting on an emergency basis when conflicts | ||||||
10 | related to program participants that need immediate | ||||||
11 | attention and resolution arise. | ||||||
12 | (5) Sharing knowledge and strategies of the | ||||||
13 | neighborhood violence dynamic in monthly meetings with | ||||||
14 | local violence prevention organizations receiving grants | ||||||
15 | under this Act. | ||||||
16 | (6) Selecting an approved technical assistance and | ||||||
17 | training service provider to receive agreed upon services. | ||||||
18 | (f) The Illinois Office of Firearm Violence Prevention | ||||||
19 | shall select, when possible and appropriate, no fewer than 2 | ||||||
20 | and no more than 3 approved technical assistance and training | ||||||
21 | providers to deliver technical assistance and training to the | ||||||
22 | youth development organizations that request to receive | ||||||
23 | approved technical assistance and training. Youth development | ||||||
24 | organizations must use an approved technical assistance and | ||||||
25 | training provider and can choose among approved technical | ||||||
26 | assistance providers as long as the technical assistance |
| |||||||
| |||||||
1 | provider has the capacity to effectively serve the youth | ||||||
2 | development organizations that have selected them. The | ||||||
3 | Department shall make best efforts to accommodate second | ||||||
4 | choices of youth development organizations when the youth | ||||||
5 | development organization's violence prevention first choice | ||||||
6 | does not have capacity to provide technical assistance but | ||||||
7 | have complete authority to select among the approved technical | ||||||
8 | assistance services providers funded by the Office of Firearm | ||||||
9 | Violence Prevention . | ||||||
10 | (g) Approved technical assistance and training providers | ||||||
11 | may: | ||||||
12 | (1) provide training to youth development workers on | ||||||
13 | how to perform outreach services; | ||||||
14 | (2) provide management training on how to manage youth | ||||||
15 | development workers; | ||||||
16 | (3) provide training and assistance on how to develop | ||||||
17 | memorandum of understanding for referral services or | ||||||
18 | create approved provider lists for these referral | ||||||
19 | services, or both; | ||||||
20 | (4) share lessons learned among youth development | ||||||
21 | service providers in their network; and | ||||||
22 | (5) provide technical assistance and training on human | ||||||
23 | resources, grants management, capacity building, and | ||||||
24 | fiscal management strategies. | ||||||
25 | (h) Approved technical assistance and training providers | ||||||
26 | shall: |
| |||||||
| |||||||
1 | (1) provide additional services identified as | ||||||
2 | necessary by the Office of Firearm Violence Prevention and | ||||||
3 | youth development service providers in their network; and | ||||||
4 | (2) receive an annual base grant of up to $250,000 | ||||||
5 | plus negotiated service rates to provide group and | ||||||
6 | individualized services to participating youth development | ||||||
7 | service organizations. | ||||||
8 | (i) (Blank). | ||||||
9 | (j) The Office of Firearm Violence Prevention shall issue | ||||||
10 | youth development services grants, when possible and | ||||||
11 | appropriate, to no fewer than 4 youth services organizations | ||||||
12 | in each of the eligible service areas and no more than 8 | ||||||
13 | organizations. When possible, the Office of Firearm Violence | ||||||
14 | Prevention shall work, subject to eligible applications | ||||||
15 | received, to ensure that grant resources are equitably | ||||||
16 | distributed across eligible service areas grants shall be for | ||||||
17 | no less than $300,000 per youth development organization . The | ||||||
18 | Office of Firearm Violence Prevention may establish award | ||||||
19 | ranges to ensure grants will have the potential to reduce | ||||||
20 | violence in each neighborhood. | ||||||
21 | (k) No youth development organization can serve more than | ||||||
22 | 3 eligible service areas unless the Office of Firearm Violence | ||||||
23 | Prevention is unable to identify youth development | ||||||
24 | organizations to provide adequate coverage. | ||||||
25 | (l) No approved technical assistance and training provider | ||||||
26 | shall provide youth development services in any neighborhood |
| |||||||
| |||||||
1 | under this Act.
| ||||||
2 | (Source: P.A. 102-16, eff. 6-17-21; 102-679, eff. 12-10-21.) | ||||||
3 | (430 ILCS 69/35-35)
| ||||||
4 | Sec. 35-35. Intensive youth intervention services. | ||||||
5 | (a) Subject to appropriation, for municipalities with | ||||||
6 | 1,000,000 or more residents, the Office of Firearm Violence | ||||||
7 | Prevention shall issue grants to high-risk youth intervention | ||||||
8 | organizations for evidence-based intervention services that | ||||||
9 | reduce involvement in the criminal and juvenile justice | ||||||
10 | system, increase school attendance, and refer high-risk teens | ||||||
11 | into therapeutic programs that address trauma recovery and | ||||||
12 | other mental health improvements. Each program participant | ||||||
13 | enrolled in a high-risk youth intervention program under this | ||||||
14 | Act shall receive a nationally recognized comprehensive mental | ||||||
15 | health assessment delivered by a qualified mental health | ||||||
16 | professional certified to provide services to Medicaid | ||||||
17 | recipients. | ||||||
18 | (b) High-risk youth intervention program participants | ||||||
19 | shall receive needed services as determined by the | ||||||
20 | individualized assessment which may include, but is not | ||||||
21 | limited to: | ||||||
22 | (1) receive group-based emotional regulation therapy | ||||||
23 | that helps them control their emotions and understand how | ||||||
24 | trauma and stress impacts their thinking and behavior; and | ||||||
25 | (2) have youth advocates that accompany them to their |
| |||||||
| |||||||
1 | group therapy sessions, assist them with issues that | ||||||
2 | prevent them from attending school, and address life | ||||||
3 | skills development activities through weekly coaching. | ||||||
4 | (b-5) High-risk youth intervention service organizations | ||||||
5 | shall have trained clinical staff managing the youth advocate | ||||||
6 | interface with program participants. | ||||||
7 | (c) Youth development service organizations and providers | ||||||
8 | of evidence-based violence prevention services shall be | ||||||
9 | assigned to the youth intervention service providers for | ||||||
10 | referrals by the Office of Firearm Violence Prevention. | ||||||
11 | (d) The youth receiving intervention services who are | ||||||
12 | evaluated to need trauma recovery and other behavioral health | ||||||
13 | interventions and who have the greatest risk of firearm | ||||||
14 | violence victimization shall be referred to the family systems | ||||||
15 | intervention services established in Section 35-55. | ||||||
16 | (e) The Office of Firearm Violence Prevention shall issue | ||||||
17 | high-risk youth intervention grants, when possible and | ||||||
18 | appropriate, to no less than 2 youth intervention | ||||||
19 | organizations and no more than 4 organizations in | ||||||
20 | municipalities with 1,000,000 or more residents. | ||||||
21 | (f) No high-risk youth intervention organization can serve | ||||||
22 | more than 13 eligible service areas. | ||||||
23 | (g) The approved technical assistance and training | ||||||
24 | providers for youth development programs provided in | ||||||
25 | subsection (d) of Section 35-30 shall also provide technical | ||||||
26 | assistance and training to the affiliated high-risk youth |
| |||||||
| |||||||
1 | intervention service providers. | ||||||
2 | (h) (Blank).
| ||||||
3 | (Source: P.A. 102-16, eff. 6-17-21; 102-679, eff. 12-10-21.) | ||||||
4 | (430 ILCS 69/35-40)
| ||||||
5 | Sec. 35-40. Services for municipalities with less than | ||||||
6 | 1,000,000 residents. | ||||||
7 | (a) The Office of Firearm Violence Prevention shall | ||||||
8 | identify the 10 municipalities or geographically contiguous | ||||||
9 | areas in Illinois with less than 1,000,000 residents and more | ||||||
10 | than 35,000 residents that have the largest concentration of | ||||||
11 | fatal and nonfatal firearm-shot victims over the 5-year period | ||||||
12 | considered for eligibility. These areas shall qualify for | ||||||
13 | grants under this Act. The Office of Firearm Violence | ||||||
14 | Prevention may identify up to 5 additional municipalities or | ||||||
15 | geographically contiguous areas with less than 1,000,000 | ||||||
16 | residents that would benefit from evidence-based violence | ||||||
17 | prevention services. In identifying the additional | ||||||
18 | municipalities that qualify for funding under Section 35-40, | ||||||
19 | the Office of Firearm Violence Prevention shall consider the | ||||||
20 | following factors when possible: | ||||||
21 | (1) the total number of fatal and nonfatal firearms | ||||||
22 | victims, excluding self-inflicted incidents, in a | ||||||
23 | potential municipality over the 5-year period considered | ||||||
24 | for eligibility;
| ||||||
25 | (2) the per capita rate of fatal and nonfatal firearms |
| |||||||
| |||||||
1 | victims, excluding self-inflicted incidents, in a | ||||||
2 | potential municipality over the 5-year period considered | ||||||
3 | for eligibility;
and | ||||||
4 | (3) the total potential firearms violence reduction | ||||||
5 | benefit for the entire State of Illinois by serving the | ||||||
6 | additional municipalities compared to the total benefit of | ||||||
7 | investing in all other municipalities identified for | ||||||
8 | grants to municipalities with more than 35,000 residents | ||||||
9 | and less than 1,000,000 residents.
| ||||||
10 | (b) Resources for each of these areas shall be distributed | ||||||
11 | based on a formula to be developed by the Office of Firearm | ||||||
12 | Violence Prevention that will maximize the total potential | ||||||
13 | reduction in firearms victimization for all municipalities | ||||||
14 | receiving grants under this Act. | ||||||
15 | (c) The Office of Firearm Violence Prevention shall create | ||||||
16 | local advisory councils for each of the designated service | ||||||
17 | areas for the purpose of obtaining recommendations on how to | ||||||
18 | distribute funds in these areas to reduce firearm violence | ||||||
19 | incidents. Local advisory councils shall have a minimum of 5 | ||||||
20 | members with the following expertise or experience: | ||||||
21 | (1) a representative of a nonelected official in local | ||||||
22 | government from the designated area; | ||||||
23 | (2) a representative of an elected official at the | ||||||
24 | local or state level for the area; | ||||||
25 | (3) a representative with public health experience in | ||||||
26 | firearm violence prevention or youth development; |
| |||||||
| |||||||
1 | (4) two residents of the subsection of each area with | ||||||
2 | the most concentrated firearm violence incidents; and | ||||||
3 | (5) additional members as determined by the individual | ||||||
4 | local advisory council. | ||||||
5 | (d) The Office of Firearm Violence Prevention shall | ||||||
6 | provide data to each local council on the characteristics of | ||||||
7 | firearm violence in the designated area and other relevant | ||||||
8 | information on the physical and demographic characteristics of | ||||||
9 | the designated area. The Office of Firearm Violence Prevention | ||||||
10 | shall also provide best available evidence on how to address | ||||||
11 | the social determinants of health in the designated area in | ||||||
12 | order to reduce firearm violence. | ||||||
13 | (e) Each local advisory council shall make recommendations | ||||||
14 | on how to allocate distributed resources for its area based on | ||||||
15 | information provided to them by the Office of Firearm Violence | ||||||
16 | Prevention, local law enforcement data, and other locally | ||||||
17 | available data. | ||||||
18 | (f) The Office of Firearm Violence Prevention shall | ||||||
19 | consider the recommendations and determine how to distribute | ||||||
20 | funds through grants to community-based organizations and | ||||||
21 | local governments. To the extent the Office of Firearm | ||||||
22 | Violence Prevention does not follow a local advisory council's | ||||||
23 | recommendation on allocation of funds, the Office of Firearm | ||||||
24 | Violence Prevention shall explain in writing why a different | ||||||
25 | allocation of resources is more likely to reduce firearm | ||||||
26 | violence in the designated area. |
| |||||||
| |||||||
1 | (g) Subject to appropriation, the Department of Human | ||||||
2 | Services and the Office of Firearm Violence Prevention shall | ||||||
3 | issue grants to local governmental agencies or community-based | ||||||
4 | organizations, or both, to maximize firearm violence reduction | ||||||
5 | each year. When possible, initial grants shall be named no | ||||||
6 | later than April 1, 2022 and renewed or competitively bid as | ||||||
7 | appropriate in subsequent fiscal years. | ||||||
8 | (h) Each local advisory council is terminated upon making | ||||||
9 | the recommendations required of it under this Section.
| ||||||
10 | (Source: P.A. 102-16, eff. 6-17-21; 102-679, eff. 12-10-21.) | ||||||
11 | (430 ILCS 69/35-50)
| ||||||
12 | Sec. 35-50. Medicaid trauma recovery services for adults. | ||||||
13 | (a) The On or before January 15, 2022, the Department of | ||||||
14 | Healthcare and Family Services shall design , subject to seek | ||||||
15 | approval from the United States Department of Health and Human | ||||||
16 | Services , and subject to federal approval and State | ||||||
17 | appropriations for this purpose, implement a team-based model | ||||||
18 | of care system to address trauma recovery from chronic | ||||||
19 | exposure to firearm violence for Illinois adults. On or before | ||||||
20 | October 1, 2023, the Department of Healthcare and Family | ||||||
21 | Services shall seek approval from the United States Department | ||||||
22 | of Health and Human Services to ensure the model of care system | ||||||
23 | may include providers such as community mental health centers, | ||||||
24 | behavioral health clinics, hospitals, and others deemed | ||||||
25 | appropriate by the Department of Healthcare and Family |
| |||||||
| |||||||
1 | Services. | ||||||
2 | (b) The team-based model of care system shall include, at | ||||||
3 | reimburse for a minimum , of the following services: | ||||||
4 | (1) Outreach services that recruit trauma-exposed | ||||||
5 | adults into the system and develop supportive | ||||||
6 | relationships with them based on lived experience in their | ||||||
7 | communities. Outreach services include both services to | ||||||
8 | support impacted individuals and group services that | ||||||
9 | reduce violence between groups that need conflict | ||||||
10 | resolution. | ||||||
11 | (2) Case management and community support services | ||||||
12 | that provide stabilization to individuals recovering from | ||||||
13 | chronic exposure to firearm violence, including group | ||||||
14 | cognitive behavior therapy sessions and other | ||||||
15 | evidence-based interventions that promote behavioral | ||||||
16 | change. | ||||||
17 | (3) Group and individual therapy that addresses | ||||||
18 | underlying mental health conditions associated with | ||||||
19 | post-traumatic stress disorder, depression, anxiety, | ||||||
20 | substance use disorders, intermittent explosive disorder, | ||||||
21 | oppositional defiant disorder, attention deficit | ||||||
22 | hyperactivity disorder, and other mental conditions as a | ||||||
23 | result of chronic trauma. | ||||||
24 | (4) Services deemed necessary for the effective | ||||||
25 | integration of paragraphs (1), (2), and (3). | ||||||
26 | (c) The Department of Healthcare and Family Services is |
| |||||||
| |||||||
1 | authorized to ensure that different types of providers | ||||||
2 | delivering violence prevention services under the model of | ||||||
3 | care operated in a manner consistent with evidence-based and | ||||||
4 | evidence-informed practices. The Department of Healthcare and | ||||||
5 | Family Services shall develop a reimbursement methodologies | ||||||
6 | that account for differences among provider types methodology . | ||||||
7 | (d) On or before October 1, 2023, the Department of | ||||||
8 | Healthcare and Family Services and Department of Human | ||||||
9 | Services shall create and execute a joint Background Check | ||||||
10 | Waiver Process, limiting the disqualifying offenses, for Peer | ||||||
11 | Support Workers who provide such services.
| ||||||
12 | (Source: P.A. 102-16, eff. 6-17-21.) | ||||||
13 | ARTICLE 95. | ||||||
14 | Section 95-1. Short title. This Article may be cited as | ||||||
15 | the Smart Start Illinois Act. References in this Article to | ||||||
16 | "this Act" mean this Article. | ||||||
17 | Section 95-5. Findings. The General Assembly makes the | ||||||
18 | following findings: | ||||||
19 | (1) Early childhood education and care is an essential | ||||||
20 | part of our State's economy and infrastructure, providing | ||||||
21 | the backbone that allows for parents and guardians to seek | ||||||
22 | and maintain employment in industries across the State. | ||||||
23 | (2) Further, research shows that participation in |
| |||||||
| |||||||
1 | quality early childhood education and care supports | ||||||
2 | children's development, serves as a protective factor from | ||||||
3 | trauma, increases school readiness, lowers future health | ||||||
4 | care costs, and increases employment options and earnings. | ||||||
5 | (3) The State of Illinois funds early childhood | ||||||
6 | education programs through the Illinois State Board of | ||||||
7 | Education and the Department of Human Services for | ||||||
8 | families seeking services aimed at improving the early | ||||||
9 | development of children from the prenatal stage to 5 years | ||||||
10 | of age. Similar programs are also licensed by the | ||||||
11 | Department of Children and Family Services. | ||||||
12 | (4) These agencies administer evidence-based | ||||||
13 | home-visiting programs with doula enhancements, Early | ||||||
14 | Intervention services, the Prevention Initiative program, | ||||||
15 | the Preschool for All program, and the Child Care | ||||||
16 | Assistance Program. | ||||||
17 | (5) The cost to provide child care and early learning | ||||||
18 | in the private market in Illinois is more than parents can | ||||||
19 | afford, as it is more expensive in many communities than | ||||||
20 | the cost of annual tuition and fees at a 4-year | ||||||
21 | postsecondary institution. | ||||||
22 | (6) Child care providers' revenues are insufficient, | ||||||
23 | only allowing child care providers to pay minimum wage. | ||||||
24 | That is less than 98% of all other jobs in the economy. | ||||||
25 | (7) Workforce compensation in other early childhood | ||||||
26 | programs is also not adequate to attract and retain |
| |||||||
| |||||||
1 | qualified staff. This problem is especially acute for | ||||||
2 | those working with infants and toddlers. | ||||||
3 | (8) Illinois faces an early childhood educator | ||||||
4 | workforce shortage, which stifles and artificially limits | ||||||
5 | the supply of early childhood programs necessary for | ||||||
6 | parents and guardians to go to work and school, thereby | ||||||
7 | stifling economic growth in the State to an estimated cost | ||||||
8 | of $2,400,000,000 annually. This is especially true for | ||||||
9 | mothers, who often decide to stay home due to the | ||||||
10 | exorbitant cost and inaccessibility of care. | ||||||
11 | (9) Illinois also faces a shortage of high-quality | ||||||
12 | early childhood education and care options in communities | ||||||
13 | across the State, limiting access to services for | ||||||
14 | families. The shortage is particularly acute for | ||||||
15 | infant-toddler care, as there is only capacity for 17.4% | ||||||
16 | of the State's infants and toddlers within licensed child | ||||||
17 | care facilities. | ||||||
18 | (10) In recent years, the State of Illinois has | ||||||
19 | expanded access to the Child Care Assistance Program by | ||||||
20 | raising the income eligibility threshold and making | ||||||
21 | program policies more inclusive and has supported provider | ||||||
22 | sustainability by significantly raising Child Care | ||||||
23 | Assistance Program reimbursement rates. In addition, the | ||||||
24 | State of Illinois has invested over $1,000,000,000 in | ||||||
25 | federal pandemic relief funding in child care service | ||||||
26 | providers to ensure that they could remain open and serve |
| |||||||
| |||||||
1 | families and children in their communities during the | ||||||
2 | COVID-19 pandemic and beyond, and so that staff could | ||||||
3 | continue to be paid. | ||||||
4 | (11) However, beyond these federal relief funds, | ||||||
5 | current public levers are unable to sustainably address | ||||||
6 | the early childhood educator workforce shortage or the | ||||||
7 | inadequate early childhood education and care supply to | ||||||
8 | meet parent and guardian needs. Child care providers need | ||||||
9 | stable, predictable, and sufficient revenues to pay | ||||||
10 | attractive wages without increasing costs for families. | ||||||
11 | (12) Any investment to address the early childhood | ||||||
12 | educator workforce shortage and to support program quality | ||||||
13 | must be developed and implemented in close partnership | ||||||
14 | with the educators and child care providers who would be | ||||||
15 | directly impacted, as has been done to date via the Child | ||||||
16 | Care Advisory Council, the Illinois Early Learning | ||||||
17 | Council, Raising Illinois, We, the Village, Birth to Five | ||||||
18 | Illinois Action Councils, Illinois Child Care for All, | ||||||
19 | focus groups, and other stakeholder engagement efforts. | ||||||
20 | (13) Any investment to address the early childhood | ||||||
21 | educator workforce shortage and to support program quality | ||||||
22 | must prioritize fiscal accountability and provider | ||||||
23 | accessibility. | ||||||
24 | (14) Smart Start Illinois is an effort to expand early | ||||||
25 | childhood education and care services statewide with a | ||||||
26 | focus on services aimed at the prenatal stage of |
| |||||||
| |||||||
1 | development through 5 years of age. | ||||||
2 | (15) Smart Start Illinois aims to eliminate preschool | ||||||
3 | deserts, make quality child care more affordable and | ||||||
4 | accessible, and increase access to evidence-based | ||||||
5 | home-visiting services with doula enhancements and Early | ||||||
6 | Intervention services. | ||||||
7 | Section 95-10. Smart Start Child Care Workforce | ||||||
8 | Compensation Program. | ||||||
9 | (a) The Department of Human Services shall create and | ||||||
10 | establish the Smart Start Child Care Workforce Compensation | ||||||
11 | Program. The purpose of the Smart Start Child Care Workforce | ||||||
12 | Compensation Program is to invest in early childhood education | ||||||
13 | and care service providers, including, but not limited to, | ||||||
14 | providers participating in the Child Care Assistance Program; | ||||||
15 | to expand the supply of high-quality early childhood education | ||||||
16 | and care; and to create a strong and stable early childhood | ||||||
17 | education and care system with attractive wages, high-quality | ||||||
18 | services, and affordable cost. | ||||||
19 | (b) The purpose of the Smart Start Child Care Workforce | ||||||
20 | Compensation Program is to stabilize community-based early | ||||||
21 | childhood education and care service providers, raise the | ||||||
22 | wages of early childhood educators, and support quality | ||||||
23 | enhancements that can position service providers to | ||||||
24 | participate in other public funding streams, such as Preschool | ||||||
25 | for All, in order to further enhance and expand quality |
| |||||||
| |||||||
1 | service delivery. | ||||||
2 | (c) Subject to appropriation, the Department of Human | ||||||
3 | Services shall implement the Smart Start Child Care Workforce | ||||||
4 | Compensation Program for eligible licensed day care centers, | ||||||
5 | licensed day care homes, and licensed group day care homes by | ||||||
6 | October 1, 2024, or as soon as practicable, following | ||||||
7 | completion of a planning and transition year. By October 1, | ||||||
8 | 2025, or as soon as practicable, and for each year thereafter, | ||||||
9 | subject to appropriation, the Department of Human Services | ||||||
10 | shall continue to operate the Smart Start Child Care Workforce | ||||||
11 | Compensation Program annually with all licensed day care | ||||||
12 | centers and licensed day care homes, and licensed group day | ||||||
13 | care homes that meet eligibility requirements. The Smart Start | ||||||
14 | Child Care Workforce Compensation Program shall operate | ||||||
15 | separately from and shall not supplant the Child Care | ||||||
16 | Assistance Program as provided for in Section 9A-11 of the | ||||||
17 | Illinois Public Aid Code. | ||||||
18 | (d) The Department of Human Services shall adopt | ||||||
19 | administrative rules by October 1, 2024, to facilitate | ||||||
20 | administration of the Smart Start Child Care Workforce | ||||||
21 | Compensation Program, including, but not limited to, | ||||||
22 | provisions for program eligibility, the application and | ||||||
23 | funding calculation process, eligible expenses, required wage | ||||||
24 | floors, and requirements for financial and personnel reporting | ||||||
25 | and monitoring requirements. Eligibility and funding | ||||||
26 | provisions shall be based on appropriation and a current model |
| |||||||
| |||||||
1 | of the cost to provide child care services by a licensed child | ||||||
2 | care center or licensed family child care home. | ||||||
3 | Section 95-15. Stakeholder involvement in program | ||||||
4 | development and implementation. The Child Care Advisory | ||||||
5 | Council, or a committee of the Council, with representation | ||||||
6 | from Raising Illinois, We, the Village, Birth to Five Illinois | ||||||
7 | Action Councils, and Illinois Child Care for All, shall | ||||||
8 | convene prior to July 1, 2023, and at least quarterly | ||||||
9 | thereafter through June 30, 2025, to inform the development | ||||||
10 | and implementation of the Smart Start Child Care Workforce | ||||||
11 | Compensation Program. | ||||||
12 | Section 95-900. The Illinois Public Aid Code is amended by | ||||||
13 | changing Section 9A-11 as follows:
| ||||||
14 | (305 ILCS 5/9A-11) (from Ch. 23, par. 9A-11)
| ||||||
15 | Sec. 9A-11. Child care.
| ||||||
16 | (a) The General Assembly recognizes that families with | ||||||
17 | children need child
care in order to work. Child care is | ||||||
18 | expensive and families with limited access to economic | ||||||
19 | resources low incomes ,
including those who are transitioning | ||||||
20 | from welfare to work, often struggle to
pay the costs of day | ||||||
21 | care. The
General Assembly understands the importance of | ||||||
22 | helping low-income working
families with limited access to | ||||||
23 | economic resources become and remain self-sufficient. The |
| |||||||
| |||||||
1 | General Assembly also believes
that it is the responsibility | ||||||
2 | of families to share in the costs of child care.
It is also the | ||||||
3 | preference of the General Assembly that all working poor
| ||||||
4 | families with limited access to economic resources should be | ||||||
5 | treated equally, regardless of their welfare status.
| ||||||
6 | (b) To the extent resources permit, the Illinois | ||||||
7 | Department shall provide
child care services to parents or | ||||||
8 | other relatives as defined by rule who are
working or | ||||||
9 | participating in employment or Department approved
education | ||||||
10 | or training programs. At a minimum, the Illinois Department | ||||||
11 | shall
cover the following categories of families:
| ||||||
12 | (1) recipients of TANF under Article IV participating | ||||||
13 | in work and training
activities as specified in the | ||||||
14 | personal plan for employment and
self-sufficiency;
| ||||||
15 | (2) families transitioning from TANF to work;
| ||||||
16 | (3) families at risk of becoming recipients of TANF;
| ||||||
17 | (4) families with special needs as defined by rule;
| ||||||
18 | (5) working families with very low incomes as defined | ||||||
19 | by rule;
| ||||||
20 | (6) families that are not recipients of TANF and that | ||||||
21 | need child care assistance to participate in education and | ||||||
22 | training activities; | ||||||
23 | (7) youth in care, as defined in Section 4d of the | ||||||
24 | Children and Family Services Act, who are parents, | ||||||
25 | regardless of income or whether they are working or | ||||||
26 | participating in Department-approved employment or |
| |||||||
| |||||||
1 | education or training programs. Any family that receives | ||||||
2 | child care assistance in accordance with this paragraph | ||||||
3 | shall receive one additional 12-month child care | ||||||
4 | eligibility period after the parenting youth in care's | ||||||
5 | case with the Department of Children and Family Services | ||||||
6 | is closed, regardless of income or whether the parenting | ||||||
7 | youth in care is working or participating in | ||||||
8 | Department-approved employment or education or training | ||||||
9 | programs; | ||||||
10 | (8) families receiving Extended Family Support Program | ||||||
11 | services from the Department of Children and Family | ||||||
12 | Services, regardless of income or whether they are working | ||||||
13 | or participating in Department-approved employment or | ||||||
14 | education or training programs; and | ||||||
15 | (9) families with children under the age of 5 who have | ||||||
16 | an open intact family services case with the Department of | ||||||
17 | Children and Family Services. Any family that receives | ||||||
18 | child care assistance in accordance with this paragraph | ||||||
19 | shall remain eligible for child care assistance 6 months | ||||||
20 | after the child's intact family services case is closed, | ||||||
21 | regardless of whether the child's parents or other | ||||||
22 | relatives as defined by rule are working or participating | ||||||
23 | in Department approved employment or education or training | ||||||
24 | programs. The Department of Human Services, in | ||||||
25 | consultation with the Department of Children and Family | ||||||
26 | Services, shall adopt rules to protect the privacy of |
| |||||||
| |||||||
1 | families who are the subject of an open intact family | ||||||
2 | services case when such families enroll in child care | ||||||
3 | services. Additional rules shall be adopted to offer | ||||||
4 | children who have an open intact family services case the | ||||||
5 | opportunity to receive an Early Intervention screening and | ||||||
6 | other services that their families may be eligible for as | ||||||
7 | provided by the Department of Human Services. | ||||||
8 | Beginning October 1, 2023, and every October 1 thereafter, | ||||||
9 | the Department of Children and Family Services shall report to | ||||||
10 | the General Assembly on the number of children who received | ||||||
11 | child care via vouchers paid for by the Department of Children | ||||||
12 | and Family Services during the preceding fiscal year. The | ||||||
13 | report shall include the ages of children who received child | ||||||
14 | care, the type of child care they received, and the number of | ||||||
15 | months they received child care. | ||||||
16 | The Department shall specify by rule the conditions of | ||||||
17 | eligibility, the
application process, and the types, amounts, | ||||||
18 | and duration of services.
Eligibility for
child care benefits | ||||||
19 | and the amount of child care provided may vary based on
family | ||||||
20 | size, income,
and other factors as specified by rule.
| ||||||
21 | The Department shall update the Child Care Assistance | ||||||
22 | Program Eligibility Calculator posted on its website to | ||||||
23 | include a question on whether a family is applying for child | ||||||
24 | care assistance for the first time or is applying for a | ||||||
25 | redetermination of eligibility. | ||||||
26 | A family's eligibility for child care services shall be |
| |||||||
| |||||||
1 | redetermined no sooner than 12 months following the initial | ||||||
2 | determination or most recent redetermination. During the | ||||||
3 | 12-month periods, the family shall remain eligible for child | ||||||
4 | care services regardless of (i) a change in family income, | ||||||
5 | unless family income exceeds 85% of State median income, or | ||||||
6 | (ii) a temporary change in the ongoing status of the parents or | ||||||
7 | other relatives, as defined by rule, as working or attending a | ||||||
8 | job training or educational program. | ||||||
9 | In determining income eligibility for child care benefits, | ||||||
10 | the Department
annually, at the beginning of each fiscal year, | ||||||
11 | shall
establish, by rule, one income threshold for each family | ||||||
12 | size, in relation to
percentage of State median income for a | ||||||
13 | family of that size, that makes
families with incomes below | ||||||
14 | the specified threshold eligible for assistance
and families | ||||||
15 | with incomes above the specified threshold ineligible for
| ||||||
16 | assistance. Through and including fiscal year 2007, the | ||||||
17 | specified threshold must be no less than 50% of the
| ||||||
18 | then-current State median income for each family size. | ||||||
19 | Beginning in fiscal year 2008, the specified threshold must be | ||||||
20 | no less than 185% of the then-current federal poverty level | ||||||
21 | for each family size. Notwithstanding any other provision of | ||||||
22 | law or administrative rule to the contrary, beginning in | ||||||
23 | fiscal year 2019, the specified threshold for working families | ||||||
24 | with very low incomes as defined by rule must be no less than | ||||||
25 | 185% of the then-current federal poverty level for each family | ||||||
26 | size. Notwithstanding any other provision of law or |
| |||||||
| |||||||
1 | administrative rule to the contrary, beginning in State fiscal | ||||||
2 | year 2022 through State fiscal year 2023 , the specified
income | ||||||
3 | threshold shall be no less than 200% of the
then-current | ||||||
4 | federal poverty level for each family size. Beginning in State | ||||||
5 | fiscal year 2024, the specified income threshold shall be no | ||||||
6 | less than 225% of the then-current federal poverty level for | ||||||
7 | each family size.
| ||||||
8 | In determining eligibility for
assistance, the Department | ||||||
9 | shall not give preference to any category of
recipients
or | ||||||
10 | give preference to individuals based on their receipt of | ||||||
11 | benefits under this
Code.
| ||||||
12 | Nothing in this Section shall be
construed as conferring | ||||||
13 | entitlement status to eligible families.
| ||||||
14 | The Illinois
Department is authorized to lower income | ||||||
15 | eligibility ceilings, raise parent
co-payments, create waiting | ||||||
16 | lists, or take such other actions during a fiscal
year as are | ||||||
17 | necessary to ensure that child care benefits paid under this
| ||||||
18 | Article do not exceed the amounts appropriated for those child | ||||||
19 | care benefits.
These changes may be accomplished by emergency | ||||||
20 | rule under Section 5-45 of the
Illinois Administrative | ||||||
21 | Procedure Act, except that the limitation on the number
of | ||||||
22 | emergency rules that may be adopted in a 24-month period shall | ||||||
23 | not apply.
| ||||||
24 | The Illinois Department may contract with other State | ||||||
25 | agencies or child care
organizations for the administration of | ||||||
26 | child care services.
|
| |||||||
| |||||||
1 | (c) Payment shall be made for child care that otherwise | ||||||
2 | meets the
requirements of this Section and applicable | ||||||
3 | standards of State and local
law and regulation, including any | ||||||
4 | requirements the Illinois Department
promulgates by rule in | ||||||
5 | addition to the licensure
requirements
promulgated by the | ||||||
6 | Department of Children and Family Services and Fire
Prevention | ||||||
7 | and Safety requirements promulgated by the Office of the State
| ||||||
8 | Fire Marshal, and is provided in any of the following:
| ||||||
9 | (1) a child care center which is licensed or exempt | ||||||
10 | from licensure
pursuant to Section 2.09 of the Child Care | ||||||
11 | Act of 1969;
| ||||||
12 | (2) a licensed child care home or home exempt from | ||||||
13 | licensing;
| ||||||
14 | (3) a licensed group child care home;
| ||||||
15 | (4) other types of child care, including child care | ||||||
16 | provided
by relatives or persons living in the same home | ||||||
17 | as the child, as determined by
the Illinois Department by | ||||||
18 | rule.
| ||||||
19 | (c-5)
Solely for the purposes of coverage under the | ||||||
20 | Illinois Public Labor Relations Act, child and day care home | ||||||
21 | providers, including licensed and license exempt, | ||||||
22 | participating in the Department's child care assistance | ||||||
23 | program shall be considered to be public employees and the | ||||||
24 | State of Illinois shall be considered to be their employer as | ||||||
25 | of January 1, 2006 (the effective date of Public Act 94-320), | ||||||
26 | but not before. The State shall engage in collective |
| |||||||
| |||||||
1 | bargaining with an exclusive representative of child and day | ||||||
2 | care home providers participating in the child care assistance | ||||||
3 | program concerning their terms and conditions of employment | ||||||
4 | that are within the State's control. Nothing in this | ||||||
5 | subsection shall be understood to limit the right of families | ||||||
6 | receiving services defined in this Section to select child and | ||||||
7 | day care home providers or supervise them within the limits of | ||||||
8 | this Section. The State shall not be considered to be the | ||||||
9 | employer of child and day care home providers for any purposes | ||||||
10 | not specifically provided in Public Act 94-320, including, but | ||||||
11 | not limited to, purposes of vicarious liability in tort and | ||||||
12 | purposes of statutory retirement or health insurance benefits. | ||||||
13 | Child and day care home providers shall not be covered by the | ||||||
14 | State Employees Group Insurance Act of 1971. | ||||||
15 | In according child and day care home providers and their | ||||||
16 | selected representative rights under the Illinois Public Labor | ||||||
17 | Relations Act, the State intends that the State action | ||||||
18 | exemption to application of federal and State antitrust laws | ||||||
19 | be fully available to the extent that their activities are | ||||||
20 | authorized by Public Act 94-320.
| ||||||
21 | (d) The Illinois Department shall establish, by rule, a | ||||||
22 | co-payment scale that provides for cost sharing by families | ||||||
23 | that receive
child care services, including parents whose only | ||||||
24 | income is from
assistance under this Code. The co-payment | ||||||
25 | shall be based on family income and family size and may be | ||||||
26 | based on other factors as appropriate. Co-payments may be |
| |||||||
| |||||||
1 | waived for families whose incomes are at or below the federal | ||||||
2 | poverty level.
| ||||||
3 | (d-5) The Illinois Department, in consultation with its | ||||||
4 | Child Care and Development Advisory Council, shall develop a | ||||||
5 | plan to revise the child care assistance program's co-payment | ||||||
6 | scale. The plan shall be completed no later than February 1, | ||||||
7 | 2008, and shall include: | ||||||
8 | (1) findings as to the percentage of income that the | ||||||
9 | average American family spends on child care and the | ||||||
10 | relative amounts that low-income families and the average | ||||||
11 | American family spend on other necessities of life;
| ||||||
12 | (2) recommendations for revising the child care | ||||||
13 | co-payment scale to assure that families receiving child | ||||||
14 | care services from the Department are paying no more than | ||||||
15 | they can reasonably afford; | ||||||
16 | (3) recommendations for revising the child care | ||||||
17 | co-payment scale to provide at-risk children with complete | ||||||
18 | access to Preschool for All and Head Start; and | ||||||
19 | (4) recommendations for changes in child care program | ||||||
20 | policies that affect the affordability of child care.
| ||||||
21 | (e) (Blank).
| ||||||
22 | (f) The Illinois Department shall, by rule, set rates to | ||||||
23 | be paid for the
various types of child care. Child care may be | ||||||
24 | provided through one of the
following methods:
| ||||||
25 | (1) arranging the child care through eligible | ||||||
26 | providers by use of
purchase of service contracts or |
| |||||||
| |||||||
1 | vouchers;
| ||||||
2 | (2) arranging with other agencies and community | ||||||
3 | volunteer groups for
non-reimbursed child care;
| ||||||
4 | (3) (blank); or
| ||||||
5 | (4) adopting such other arrangements as the Department | ||||||
6 | determines
appropriate.
| ||||||
7 | (f-1) Within 30 days after June 4, 2018 (the effective | ||||||
8 | date of Public Act 100-587), the Department of Human Services | ||||||
9 | shall establish rates for child care providers that are no | ||||||
10 | less than the rates in effect on January 1, 2018 increased by | ||||||
11 | 4.26%. | ||||||
12 | (f-5) (Blank). | ||||||
13 | (g) Families eligible for assistance under this Section | ||||||
14 | shall be given the
following options:
| ||||||
15 | (1) receiving a child care certificate issued by the | ||||||
16 | Department or a
subcontractor of the Department that may | ||||||
17 | be used by the parents as payment for
child care and | ||||||
18 | development services only; or
| ||||||
19 | (2) if space is available, enrolling the child with a | ||||||
20 | child care provider
that has a purchase of service | ||||||
21 | contract with the Department or a subcontractor
of the | ||||||
22 | Department for the provision of child care and development | ||||||
23 | services.
The Department may identify particular priority | ||||||
24 | populations for whom they may
request special | ||||||
25 | consideration by a provider with purchase of service
| ||||||
26 | contracts, provided that the providers shall be permitted |
| |||||||
| |||||||
1 | to maintain a balance
of clients in terms of household | ||||||
2 | incomes and families and children with special
needs, as | ||||||
3 | defined by rule.
| ||||||
4 | (Source: P.A. 101-81, eff. 7-12-19; 101-657, eff. 3-23-21; | ||||||
5 | 102-491, eff. 8-20-21; 102-813, eff. 5-13-22; 102-926, eff. | ||||||
6 | 5-27-22.)
| ||||||
7 | ARTICLE 97. | ||||||
8 | Section 97-5. The Business Corporation Act of 1983 is | ||||||
9 | amended by changing Section 15.35 as follows:
| ||||||
10 | (805 ILCS 5/15.35) (from Ch. 32, par. 15.35)
| ||||||
11 | (Text of Section from P.A. 102-16)
| ||||||
12 | Sec. 15.35. Franchise taxes payable by domestic | ||||||
13 | corporations. For the privilege of exercising its franchises | ||||||
14 | in this State, each
domestic corporation shall pay to the | ||||||
15 | Secretary of State the following
franchise taxes, computed on | ||||||
16 | the basis, at the rates and for the periods
prescribed in this | ||||||
17 | Act:
| ||||||
18 | (a) An initial franchise tax at the time of filing its | ||||||
19 | first report of
issuance of shares.
| ||||||
20 | (b) An additional franchise tax at the time of filing | ||||||
21 | (1) a report of
the issuance of additional shares, or (2) a | ||||||
22 | report of an increase in paid-in
capital without the | ||||||
23 | issuance of shares, or (3) an amendment to the articles
of |
| |||||||
| |||||||
1 | incorporation or a report of cumulative changes in paid-in | ||||||
2 | capital,
whenever any amendment or such report discloses | ||||||
3 | an increase in its paid-in
capital over the amount thereof | ||||||
4 | last reported in any document, other than
an annual | ||||||
5 | report, interim annual report or final transition annual | ||||||
6 | report
required by this Act to be filed in the office of | ||||||
7 | the Secretary of State.
| ||||||
8 | (c) An additional franchise tax at the time of filing | ||||||
9 | a report of paid-in
capital following a statutory merger | ||||||
10 | or consolidation, which discloses that
the paid-in capital | ||||||
11 | of the surviving or new corporation immediately after
the | ||||||
12 | merger or consolidation is greater than the sum of the | ||||||
13 | paid-in capital
of all of the merged or consolidated | ||||||
14 | corporations as last reported
by them in any documents, | ||||||
15 | other than annual reports, required by this Act
to be | ||||||
16 | filed in the office of the Secretary of State; and in | ||||||
17 | addition, the
surviving or new corporation shall be liable | ||||||
18 | for a further additional franchise
tax on the paid-in | ||||||
19 | capital of each of the merged or consolidated
corporations | ||||||
20 | as last reported by them in any document, other than an | ||||||
21 | annual
report, required by this Act to be filed with the | ||||||
22 | Secretary of State from
their taxable year end to the next | ||||||
23 | succeeding anniversary month or, in
the case of a | ||||||
24 | corporation which has established an extended filing | ||||||
25 | month,
the extended filing month of the surviving or new | ||||||
26 | corporation; however if
the taxable year ends within the |
| |||||||
| |||||||
1 | 2-month period immediately preceding the
anniversary month | ||||||
2 | or, in the case of a corporation which has established an
| ||||||
3 | extended filing month, the extended filing month of the | ||||||
4 | surviving or new
corporation the tax will be computed to | ||||||
5 | the anniversary month or, in the
case of a corporation | ||||||
6 | which has established an extended filing month, the
| ||||||
7 | extended filing month of the surviving or new corporation | ||||||
8 | in the next
succeeding calendar year.
| ||||||
9 | (d) An annual franchise tax payable each year with the | ||||||
10 | annual report
which the corporation is required by this | ||||||
11 | Act to file.
| ||||||
12 | On or after January 1, 2020 and prior to January 1, 2021, | ||||||
13 | the first $30 in liability is exempt from the tax imposed under | ||||||
14 | this Section. On or after January 1, 2021, and prior to January | ||||||
15 | 1, 2024, the first $1,000 in liability is exempt from the tax | ||||||
16 | imposed under this Section. On or after January 1, 2024, the | ||||||
17 | first $5,000 in liability is exempt from the tax imposed under | ||||||
18 | this Section. | ||||||
19 | (Source: P.A. 101-9, eff. 6-5-19; 102-16, eff. 6-17-21.)
| ||||||
20 | (Text of Section from P.A. 102-282)
| ||||||
21 | Sec. 15.35. Franchise taxes payable by domestic | ||||||
22 | corporations. For the privilege of exercising its franchises | ||||||
23 | in this State, each
domestic corporation shall pay to the | ||||||
24 | Secretary of State the following
franchise taxes, computed on | ||||||
25 | the basis, at the rates and for the periods
prescribed in this |
| |||||||
| |||||||
1 | Act:
| ||||||
2 | (a) An initial franchise tax at the time of filing its | ||||||
3 | first report of
issuance of shares.
| ||||||
4 | (b) An additional franchise tax at the time of filing | ||||||
5 | (1) a report of
the issuance of additional shares, or (2) a | ||||||
6 | report of an increase in paid-in
capital without the | ||||||
7 | issuance of shares, or (3) an amendment to the articles
of | ||||||
8 | incorporation or a report of cumulative changes in paid-in | ||||||
9 | capital,
whenever any amendment or such report discloses | ||||||
10 | an increase in its paid-in
capital over the amount thereof | ||||||
11 | last reported in any document, other than
an annual | ||||||
12 | report, interim annual report or final transition annual | ||||||
13 | report
required by this Act to be filed in the office of | ||||||
14 | the Secretary of State.
| ||||||
15 | (c) An additional franchise tax at the time of filing | ||||||
16 | a report of paid-in
capital following a statutory merger | ||||||
17 | or consolidation, which discloses that
the paid-in capital | ||||||
18 | of the surviving or new corporation immediately after
the | ||||||
19 | merger or consolidation is greater than the sum of the | ||||||
20 | paid-in capital
of all of the merged or consolidated | ||||||
21 | corporations as last reported
by them in any documents, | ||||||
22 | other than annual reports, required by this Act
to be | ||||||
23 | filed in the office of the Secretary of State; and in | ||||||
24 | addition, the
surviving or new corporation shall be liable | ||||||
25 | for a further additional franchise
tax on the paid-in | ||||||
26 | capital of each of the merged or consolidated
corporations |
| |||||||
| |||||||
1 | as last reported by them in any document, other than an | ||||||
2 | annual
report, required by this Act to be filed with the | ||||||
3 | Secretary of State from
their taxable year end to the next | ||||||
4 | succeeding anniversary month or, in
the case of a | ||||||
5 | corporation which has established an extended filing | ||||||
6 | month,
the extended filing month of the surviving or new | ||||||
7 | corporation; however if
the taxable year ends within the | ||||||
8 | 2-month period immediately preceding the
anniversary month | ||||||
9 | or, in the case of a corporation which has established an
| ||||||
10 | extended filing month, the extended filing month of the | ||||||
11 | surviving or new
corporation the tax will be computed to | ||||||
12 | the anniversary month or, in the
case of a corporation | ||||||
13 | which has established an extended filing month, the
| ||||||
14 | extended filing month of the surviving or new corporation | ||||||
15 | in the next
succeeding calendar year.
| ||||||
16 | (d) An annual franchise tax payable each year with the | ||||||
17 | annual report
which the corporation is required by this | ||||||
18 | Act to file.
| ||||||
19 | On or after January 1, 2020 and prior to January 1, 2021, | ||||||
20 | the first $30 in liability is exempt from the tax imposed under | ||||||
21 | this Section. On or after January 1, 2021 and prior to January | ||||||
22 | 1, 2024 2022 , the first $1,000 in liability is exempt from the | ||||||
23 | tax imposed under this Section. On or after January 1, 2024, | ||||||
24 | the first $5,000 in liability is exempt from the tax imposed | ||||||
25 | under this Section. On or after January 1, 2022 and prior to | ||||||
26 | January 1, 2023, the first $10,000 in liability is exempt from |
| |||||||
| |||||||
1 | the tax imposed under this Section. On or after January 1, 2023 | ||||||
2 | and prior to January 1, 2024, the first $100,000 in liability | ||||||
3 | is exempt from the tax imposed under this Section. The | ||||||
4 | provisions of this Section shall not require the payment of | ||||||
5 | any franchise tax that would otherwise have been due and | ||||||
6 | payable on or after January 1, 2024. There shall be no refunds | ||||||
7 | or proration of franchise tax for any taxes due and payable on | ||||||
8 | or after January 1, 2024 on the basis that a portion of the | ||||||
9 | corporation's taxable year extends beyond January 1, 2024. | ||||||
10 | Public Act 101-9 shall not affect any right accrued or | ||||||
11 | established, or any liability or penalty incurred prior to | ||||||
12 | January 1, 2024. | ||||||
13 | This Section is repealed on December 31, 2024. | ||||||
14 | (Source: P.A. 101-9, eff. 6-5-19; 102-282, eff. 1-1-22.)
| ||||||
15 | (Text of Section from P.A. 102-558)
| ||||||
16 | Sec. 15.35. Franchise taxes payable by domestic | ||||||
17 | corporations. For the privilege of exercising its franchises | ||||||
18 | in this State, each
domestic corporation shall pay to the | ||||||
19 | Secretary of State the following
franchise taxes, computed on | ||||||
20 | the basis, at the rates and for the periods
prescribed in this | ||||||
21 | Act:
| ||||||
22 | (a) An initial franchise tax at the time of filing its | ||||||
23 | first report of
issuance of shares.
| ||||||
24 | (b) An additional franchise tax at the time of filing | ||||||
25 | (1) a report of
the issuance of additional shares, or (2) a |
| |||||||
| |||||||
1 | report of an increase in paid-in
capital without the | ||||||
2 | issuance of shares, or (3) an amendment to the articles
of | ||||||
3 | incorporation or a report of cumulative changes in paid-in | ||||||
4 | capital,
whenever any amendment or such report discloses | ||||||
5 | an increase in its paid-in
capital over the amount thereof | ||||||
6 | last reported in any document, other than
an annual | ||||||
7 | report, interim annual report or final transition annual | ||||||
8 | report
required by this Act to be filed in the office of | ||||||
9 | the Secretary of State.
| ||||||
10 | (c) An additional franchise tax at the time of filing | ||||||
11 | a report of paid-in
capital following a statutory merger | ||||||
12 | or consolidation, which discloses that
the paid-in capital | ||||||
13 | of the surviving or new corporation immediately after
the | ||||||
14 | merger or consolidation is greater than the sum of the | ||||||
15 | paid-in capital
of all of the merged or consolidated | ||||||
16 | corporations as last reported
by them in any documents, | ||||||
17 | other than annual reports, required by this Act
to be | ||||||
18 | filed in the office of the Secretary of State; and in | ||||||
19 | addition, the
surviving or new corporation shall be liable | ||||||
20 | for a further additional franchise
tax on the paid-in | ||||||
21 | capital of each of the merged or consolidated
corporations | ||||||
22 | as last reported by them in any document, other than an | ||||||
23 | annual
report, required by this Act to be filed with the | ||||||
24 | Secretary of State from
their taxable year end to the next | ||||||
25 | succeeding anniversary month or, in
the case of a | ||||||
26 | corporation which has established an extended filing |
| |||||||
| |||||||
1 | month,
the extended filing month of the surviving or new | ||||||
2 | corporation; however if
the taxable year ends within the | ||||||
3 | 2-month period immediately preceding the
anniversary month | ||||||
4 | or, in the case of a corporation which has established an
| ||||||
5 | extended filing month, the extended filing month of the | ||||||
6 | surviving or new
corporation the tax will be computed to | ||||||
7 | the anniversary month or, in the
case of a corporation | ||||||
8 | which has established an extended filing month, the
| ||||||
9 | extended filing month of the surviving or new corporation | ||||||
10 | in the next
succeeding calendar year.
| ||||||
11 | (d) An annual franchise tax payable each year with the | ||||||
12 | annual report
which the corporation is required by this | ||||||
13 | Act to file.
| ||||||
14 | On or after January 1, 2020 and prior to January 1, 2021, | ||||||
15 | the first $30 in liability is exempt from the tax imposed under | ||||||
16 | this Section. On or after January 1, 2021 and prior to January | ||||||
17 | 1, 2024 2022 , the first $1,000 in liability is exempt from the | ||||||
18 | tax imposed under this Section. On or after January 1, 2024, | ||||||
19 | the first $5,000 in liability is exempt from the tax imposed | ||||||
20 | under this Section. On or after January 1, 2022 and prior to | ||||||
21 | January 1, 2023, the first $10,000 in liability is exempt from | ||||||
22 | the tax imposed under this Section. On or after January 1, 2023 | ||||||
23 | and prior to January 1, 2024, the first $100,000 in liability | ||||||
24 | is exempt from the tax imposed under this Section. The | ||||||
25 | provisions of this Section shall not require the payment of | ||||||
26 | any franchise tax that would otherwise have been due and |
| |||||||
| |||||||
1 | payable on or after January 1, 2024. There shall be no refunds | ||||||
2 | or proration of franchise tax for any taxes due and payable on | ||||||
3 | or after January 1, 2024 on the basis that a portion of the | ||||||
4 | corporation's taxable year extends beyond January 1, 2024. | ||||||
5 | Public Act 101-9 shall not affect any right accrued or | ||||||
6 | established, or any liability or penalty incurred prior to | ||||||
7 | January 1, 2024. | ||||||
8 | This Section is repealed on December 31, 2025. | ||||||
9 | (Source: P.A. 101-9, eff. 6-5-19; 102-558, eff. 8-20-21. )
| ||||||
10 | Article 98. | ||||||
11 | Section 98-5. The Illinois Vehicle Code is amended by | ||||||
12 | changing Sections 2-119, 2-123, 3-821, and 6-118 as follows:
| ||||||
13 | (625 ILCS 5/2-119) (from Ch. 95 1/2, par. 2-119)
| ||||||
14 | Sec. 2-119. Disposition of fees and taxes.
| ||||||
15 | (a) All moneys received from Salvage Certificates shall be | ||||||
16 | deposited in
the Common School Fund in the State Treasury.
| ||||||
17 | (b) Of the money collected for each certificate of title, | ||||||
18 | duplicate certificate of title, and corrected certificate of | ||||||
19 | title: | ||||||
20 | (1) $2.60 shall be deposited in the Park and | ||||||
21 | Conservation Fund; | ||||||
22 | (2) $0.65 shall be deposited in the Illinois Fisheries | ||||||
23 | Management Fund; |
| |||||||
| |||||||
1 | (3) $48 shall be disbursed under subsection (g) of | ||||||
2 | this Section; | ||||||
3 | (4) $4 shall be deposited into the Motor Vehicle | ||||||
4 | License Plate Fund; and | ||||||
5 | (5) $30 shall be deposited into the Capital Projects | ||||||
6 | Fund ; and . | ||||||
7 | (6) $10 shall be deposited into the Secretary of State | ||||||
8 | Special Services Fund pursuant to this amendatory Act of | ||||||
9 | the 103rd General Assembly. | ||||||
10 | All remaining moneys collected for certificates of title, | ||||||
11 | and all moneys collected for filing of security interests, | ||||||
12 | shall be deposited in the General Revenue Fund. | ||||||
13 | The $20 collected for each delinquent vehicle registration | ||||||
14 | renewal fee shall be deposited into the General Revenue Fund. | ||||||
15 | The moneys deposited in the Park and Conservation Fund | ||||||
16 | under this Section shall be used for the acquisition and | ||||||
17 | development of bike paths as provided for in Section 805-420 | ||||||
18 | of the Department of Natural Resources (Conservation) Law of | ||||||
19 | the Civil Administrative Code of Illinois. The moneys | ||||||
20 | deposited into the Park and Conservation Fund under this | ||||||
21 | subsection shall not be subject to administrative charges or | ||||||
22 | chargebacks, unless otherwise authorized by this Code. | ||||||
23 | If the balance in the Motor Vehicle License Plate Fund | ||||||
24 | exceeds $40,000,000 on the last day of a calendar month, then | ||||||
25 | during the next calendar month, the $4 that otherwise would be | ||||||
26 | deposited in that fund shall instead be deposited into the |
| |||||||
| |||||||
1 | Road Fund.
| ||||||
2 | (c) All moneys collected for that portion of a driver's | ||||||
3 | license fee
designated for driver education under Section | ||||||
4 | 6-118 shall be placed in
the Drivers Education Fund in the | ||||||
5 | State Treasury.
| ||||||
6 | (d) Of the moneys collected as a registration fee for each | ||||||
7 | motorcycle, motor driven cycle, and moped, 27% shall be | ||||||
8 | deposited in the Cycle Rider Safety Training Fund.
| ||||||
9 | (e) (Blank).
| ||||||
10 | (f) Of the total money collected for a commercial | ||||||
11 | learner's permit (CLP) or
original or renewal issuance of a | ||||||
12 | commercial driver's license (CDL)
pursuant to the Uniform | ||||||
13 | Commercial Driver's License Act (UCDLA): (i) $6 of the
total | ||||||
14 | fee for an original or renewal CDL, and $6 of the total CLP fee | ||||||
15 | when such permit is issued to any person holding a
valid | ||||||
16 | Illinois driver's license, shall be paid into the | ||||||
17 | CDLIS/AAMVAnet/NMVTIS
Trust Fund (Commercial Driver's License | ||||||
18 | Information System/American
Association of Motor Vehicle | ||||||
19 | Administrators network/National Motor Vehicle Title | ||||||
20 | Information Service Trust Fund) and shall
be used for the | ||||||
21 | purposes provided in Section 6z-23 of the State Finance Act
| ||||||
22 | and (ii) $20 of the total fee for an original or renewal CDL or | ||||||
23 | CLP shall be paid
into the Motor Carrier Safety Inspection | ||||||
24 | Fund, which is hereby created as a
special fund in the State | ||||||
25 | Treasury, to be used by
the Illinois State Police, subject to | ||||||
26 | appropriation, to hire additional officers to
conduct motor |
| |||||||
| |||||||
1 | carrier safety
inspections
pursuant to Chapter 18b of this | ||||||
2 | Code.
| ||||||
3 | (g) Of the moneys received by the Secretary of State as | ||||||
4 | registration fees or taxes, certificates of title, duplicate | ||||||
5 | certificates of title, corrected certificates of title, or as | ||||||
6 | payment of any other fee under this Code, when those moneys are | ||||||
7 | not otherwise distributed by this Code, 37% shall be deposited | ||||||
8 | into the State Construction Account Fund, and 63% shall be | ||||||
9 | deposited in the Road Fund. Moneys in the Road Fund shall be | ||||||
10 | used for the purposes provided in Section 8.3 of the State | ||||||
11 | Finance Act.
| ||||||
12 | (h) (Blank).
| ||||||
13 | (i) (Blank).
| ||||||
14 | (j) (Blank).
| ||||||
15 | (k) There is created in the State Treasury a special fund | ||||||
16 | to be known as
the Secretary of State Special License Plate | ||||||
17 | Fund. Money deposited into the
Fund shall, subject to | ||||||
18 | appropriation, be used by the Office of the Secretary
of State | ||||||
19 | (i) to help defray plate manufacturing and plate processing | ||||||
20 | costs
for the issuance and, when applicable, renewal of any | ||||||
21 | new or existing
registration plates authorized under this Code | ||||||
22 | and (ii) for grants made by the
Secretary of State to benefit | ||||||
23 | Illinois Veterans Home libraries.
| ||||||
24 | (l) The Motor Vehicle Review Board Fund is created as a | ||||||
25 | special fund in
the State Treasury. Moneys deposited into the | ||||||
26 | Fund under paragraph (7) of
subsection (b) of Section 5-101 |
| |||||||
| |||||||
1 | and Section 5-109 shall,
subject to appropriation, be used by | ||||||
2 | the Office of the Secretary of State to
administer the Motor | ||||||
3 | Vehicle Review Board, including without
limitation payment of | ||||||
4 | compensation and all necessary expenses incurred in
| ||||||
5 | administering the Motor Vehicle Review Board under the Motor | ||||||
6 | Vehicle Franchise
Act.
| ||||||
7 | (m) Effective July 1, 1996, there is created in the State
| ||||||
8 | Treasury a special fund to be known as the Family | ||||||
9 | Responsibility Fund. Moneys
deposited into the Fund shall, | ||||||
10 | subject to appropriation, be used by the Office
of the | ||||||
11 | Secretary of State for the purpose of enforcing the Family | ||||||
12 | Financial
Responsibility Law.
| ||||||
13 | (n) The Illinois Fire Fighters' Memorial Fund is created | ||||||
14 | as a special
fund in the State Treasury. Moneys deposited into | ||||||
15 | the Fund shall, subject
to appropriation, be used by the | ||||||
16 | Office of the State Fire Marshal for
construction of the | ||||||
17 | Illinois Fire Fighters' Memorial to be located at the
State | ||||||
18 | Capitol grounds in Springfield, Illinois. Upon the completion | ||||||
19 | of the
Memorial, moneys in the Fund shall be used in accordance | ||||||
20 | with Section 3-634.
| ||||||
21 | (o) Of the money collected for each certificate of title | ||||||
22 | for all-terrain
vehicles and off-highway motorcycles, $17 | ||||||
23 | shall be deposited into the
Off-Highway Vehicle Trails Fund.
| ||||||
24 | (p) For audits conducted on or after July 1, 2003 pursuant | ||||||
25 | to Section
2-124(d) of this Code, 50% of the money collected as | ||||||
26 | audit fees shall be
deposited
into the General Revenue Fund.
|
| |||||||
| |||||||
1 | (q) Beginning July 1, 2023, the additional fees imposed by | ||||||
2 | the amendatory Act of the 103rd General Assembly in Sections | ||||||
3 | 2-123, 3-821, and 6-118 shall be deposited into the Secretary | ||||||
4 | of State Special Services Fund. | ||||||
5 | (Source: P.A. 102-538, eff. 8-20-21.)
| ||||||
6 | (625 ILCS 5/2-123) (from Ch. 95 1/2, par. 2-123)
| ||||||
7 | (Text of Section before amendment by P.A. 102-982 )
| ||||||
8 | Sec. 2-123. Sale and distribution of information.
| ||||||
9 | (a) Except as otherwise provided in this Section, the | ||||||
10 | Secretary may make the
driver's license, vehicle and title | ||||||
11 | registration lists, in part or in whole,
and any statistical | ||||||
12 | information derived from these lists available to local
| ||||||
13 | governments, elected state officials, state educational | ||||||
14 | institutions, and all
other governmental units of the State | ||||||
15 | and Federal
Government
requesting them for governmental | ||||||
16 | purposes. The Secretary shall require any such
applicant for | ||||||
17 | services to pay for the costs of furnishing such services and | ||||||
18 | the
use of the equipment involved, and in addition is | ||||||
19 | empowered to establish prices
and charges for the services so | ||||||
20 | furnished and for the use of the electronic
equipment | ||||||
21 | utilized.
| ||||||
22 | (b) The Secretary is further empowered to and he may, in | ||||||
23 | his discretion,
furnish to any applicant, other than listed in | ||||||
24 | subsection (a) of this Section,
vehicle or driver data on a | ||||||
25 | computer tape, disk, other electronic format or
computer |
| |||||||
| |||||||
1 | processable medium, or printout at a fixed fee of $500
$250 for | ||||||
2 | orders received before October 1, 2003 and $500 for orders | ||||||
3 | received
on or after October 1, 2003 , in advance, and require | ||||||
4 | in addition a
further sufficient
deposit based upon the | ||||||
5 | Secretary of State's estimate of the total cost of the
| ||||||
6 | information requested and a charge of $50 $25 for orders | ||||||
7 | received before October
1, 2003 and $50 for orders received on | ||||||
8 | or after October 1, 2003 , per 1,000
units or part
thereof | ||||||
9 | identified or the actual cost, whichever is greater. The | ||||||
10 | Secretary is
authorized to refund any difference between the | ||||||
11 | additional deposit and the
actual cost of the request. This | ||||||
12 | service shall not be in lieu of an abstract
of a driver's | ||||||
13 | record nor of a title or registration search. This service may
| ||||||
14 | be limited to entities purchasing a minimum number of records | ||||||
15 | as required by
administrative rule. The information
sold | ||||||
16 | pursuant to this subsection shall be the entire vehicle or | ||||||
17 | driver data
list, or part thereof. The information sold | ||||||
18 | pursuant to this subsection
shall not contain personally | ||||||
19 | identifying information unless the information is
to be used | ||||||
20 | for one of the purposes identified in subsection (f-5) of this
| ||||||
21 | Section. Commercial purchasers of driver and vehicle record | ||||||
22 | databases shall
enter into a written agreement with the | ||||||
23 | Secretary of State that includes
disclosure of the commercial | ||||||
24 | use of the information to be purchased. | ||||||
25 | (b-1) The Secretary is further empowered to and may, in | ||||||
26 | his or her discretion, furnish vehicle or driver data on a |
| |||||||
| |||||||
1 | computer tape, disk, or other electronic format or computer | ||||||
2 | processible medium, at no fee, to any State or local | ||||||
3 | governmental agency that uses the information provided by the | ||||||
4 | Secretary to transmit data back to the Secretary that enables | ||||||
5 | the Secretary to maintain accurate driving records, including | ||||||
6 | dispositions of traffic cases. This information may be | ||||||
7 | provided without fee not more often than once every 6 months.
| ||||||
8 | (c) Secretary of State may issue registration lists. The | ||||||
9 | Secretary
of State may compile a list of all registered
| ||||||
10 | vehicles. Each list of registered vehicles shall be arranged | ||||||
11 | serially
according to the registration numbers assigned to | ||||||
12 | registered vehicles and
may contain in addition the names and | ||||||
13 | addresses of registered owners and
a brief description of each | ||||||
14 | vehicle including the serial or other
identifying number | ||||||
15 | thereof. Such compilation may be in such form as in the
| ||||||
16 | discretion of the Secretary of State may seem best for the | ||||||
17 | purposes intended.
| ||||||
18 | (d) The Secretary of State shall furnish no more than 2 | ||||||
19 | current available
lists of such registrations to the sheriffs | ||||||
20 | of all counties and to the chiefs
of police of all cities and | ||||||
21 | villages and towns of 2,000 population and over
in this State | ||||||
22 | at no cost. Additional copies may be purchased by the sheriffs
| ||||||
23 | or chiefs of police at the fee
of $500 each or at the cost of | ||||||
24 | producing the list as determined
by the Secretary of State. | ||||||
25 | Such lists are to be used for governmental
purposes only.
| ||||||
26 | (e) (Blank).
|
| |||||||
| |||||||
1 | (e-1) (Blank).
| ||||||
2 | (f) The Secretary of State shall make a title or | ||||||
3 | registration search of the
records of his office and a written | ||||||
4 | report on the same for any person, upon
written application of | ||||||
5 | such person, accompanied by a fee of $5 for
each registration | ||||||
6 | or title search. The written application shall set forth
the | ||||||
7 | intended use of the requested information. No fee shall be | ||||||
8 | charged for a
title or
registration search, or for the | ||||||
9 | certification thereof requested by a government
agency. The | ||||||
10 | report of the title or registration search shall not contain
| ||||||
11 | personally identifying information unless the request for a | ||||||
12 | search was made for
one of the purposes identified in | ||||||
13 | subsection (f-5) of this Section. The report of the title or | ||||||
14 | registration search shall not contain highly
restricted | ||||||
15 | personal
information unless specifically authorized by this | ||||||
16 | Code.
| ||||||
17 | The Secretary of State shall certify a title or | ||||||
18 | registration record upon
written request. The fee for | ||||||
19 | certification shall be $5 in addition
to the fee required for a | ||||||
20 | title or registration search. Certification shall
be made | ||||||
21 | under the signature of the Secretary of State and shall be
| ||||||
22 | authenticated by Seal of the Secretary of State.
| ||||||
23 | The Secretary of State may notify the vehicle owner or | ||||||
24 | registrant of
the request for purchase of his title or | ||||||
25 | registration information as the
Secretary deems appropriate.
| ||||||
26 | No information shall be released to the requester until |
| |||||||
| |||||||
1 | expiration of a 10-day
period. This 10-day period shall not | ||||||
2 | apply to requests for
information made by law enforcement | ||||||
3 | officials, government agencies,
financial institutions, | ||||||
4 | attorneys, insurers, employers, automobile
associated | ||||||
5 | businesses, persons licensed as a private detective or firms
| ||||||
6 | licensed as a private detective agency under the Private | ||||||
7 | Detective, Private
Alarm, Private Security, Fingerprint | ||||||
8 | Vendor, and Locksmith Act of 2004, who are employed by or are
| ||||||
9 | acting on
behalf of law enforcement officials, government | ||||||
10 | agencies, financial
institutions, attorneys, insurers, | ||||||
11 | employers, automobile associated businesses,
and other | ||||||
12 | business entities for purposes consistent with the Illinois | ||||||
13 | Vehicle
Code, the vehicle owner or registrant or other | ||||||
14 | entities as the Secretary may
exempt by rule and regulation.
| ||||||
15 | Any misrepresentation made by a requester of title or | ||||||
16 | vehicle information
shall be punishable as a petty offense, | ||||||
17 | except in the case of persons
licensed as a private detective | ||||||
18 | or firms licensed as a private detective agency
which shall be | ||||||
19 | subject to disciplinary sanctions under Section 40-10 of the
| ||||||
20 | Private Detective, Private Alarm, Private Security, | ||||||
21 | Fingerprint Vendor, and Locksmith Act of 2004.
| ||||||
22 | (f-5) The Secretary of State shall not disclose or | ||||||
23 | otherwise make
available to
any person or entity any | ||||||
24 | personally identifying information obtained by the
Secretary
| ||||||
25 | of State in connection with a driver's license, vehicle, or | ||||||
26 | title registration
record
unless the information is disclosed |
| |||||||
| |||||||
1 | for one of the following purposes:
| ||||||
2 | (1) For use by any government agency, including any | ||||||
3 | court or law
enforcement agency, in carrying out its | ||||||
4 | functions, or any private person or
entity acting on | ||||||
5 | behalf of a federal, State, or local agency in carrying | ||||||
6 | out
its
functions.
| ||||||
7 | (2) For use in connection with matters of motor | ||||||
8 | vehicle or driver safety
and theft; motor vehicle | ||||||
9 | emissions; motor vehicle product alterations, recalls,
or | ||||||
10 | advisories; performance monitoring of motor vehicles, | ||||||
11 | motor vehicle parts,
and dealers; and removal of non-owner | ||||||
12 | records from the original owner
records of motor vehicle | ||||||
13 | manufacturers.
| ||||||
14 | (3) For use in the normal course of business by a | ||||||
15 | legitimate business or
its agents, employees, or | ||||||
16 | contractors, but only:
| ||||||
17 | (A) to verify the accuracy of personal information | ||||||
18 | submitted by
an individual to the business or its | ||||||
19 | agents, employees, or contractors;
and
| ||||||
20 | (B) if such information as so submitted is not | ||||||
21 | correct or is no
longer correct, to obtain the correct | ||||||
22 | information, but only for the
purposes of preventing | ||||||
23 | fraud by, pursuing legal remedies against, or
| ||||||
24 | recovering on a debt or security interest against, the | ||||||
25 | individual.
| ||||||
26 | (4) For use in research activities and for use in |
| |||||||
| |||||||
1 | producing statistical
reports, if the personally | ||||||
2 | identifying information is not published,
redisclosed, or | ||||||
3 | used to
contact individuals.
| ||||||
4 | (5) For use in connection with any civil, criminal, | ||||||
5 | administrative, or
arbitral proceeding in any federal, | ||||||
6 | State, or local court or agency or before
any
| ||||||
7 | self-regulatory body, including the service of process, | ||||||
8 | investigation in
anticipation of litigation, and the | ||||||
9 | execution or enforcement of judgments and
orders, or | ||||||
10 | pursuant to an order of a federal, State, or local court.
| ||||||
11 | (6) For use by any insurer or insurance support | ||||||
12 | organization or by a
self-insured entity or its agents, | ||||||
13 | employees, or contractors in connection with
claims | ||||||
14 | investigation activities, antifraud activities, rating, or | ||||||
15 | underwriting.
| ||||||
16 | (7) For use in providing notice to the owners of towed | ||||||
17 | or
impounded vehicles.
| ||||||
18 | (8) For use by any person licensed as a private | ||||||
19 | detective or firm licensed as a private
detective agency | ||||||
20 | under
the Private Detective, Private Alarm, Private | ||||||
21 | Security, Fingerprint Vendor, and Locksmith Act of
2004, | ||||||
22 | private investigative agency or security service
licensed | ||||||
23 | in Illinois for any purpose permitted under this | ||||||
24 | subsection.
| ||||||
25 | (9) For use by an employer or its agent or insurer to | ||||||
26 | obtain or verify
information relating to a holder of a |
| |||||||
| |||||||
1 | commercial driver's license that is
required under chapter | ||||||
2 | 313 of title 49 of the United States Code.
| ||||||
3 | (10) For use in connection with the operation of | ||||||
4 | private toll
transportation facilities.
| ||||||
5 | (11) For use by any requester, if the requester | ||||||
6 | demonstrates it has
obtained the written consent of the | ||||||
7 | individual to whom the information
pertains.
| ||||||
8 | (12) For use by members of the news media, as defined | ||||||
9 | in
Section 1-148.5, for the purpose of newsgathering when | ||||||
10 | the request relates to
the
operation of a motor vehicle or | ||||||
11 | public safety.
| ||||||
12 | (13) For any other use specifically authorized by law, | ||||||
13 | if that use is
related to the operation of a motor vehicle | ||||||
14 | or public safety. | ||||||
15 | (f-6) The Secretary of State shall not disclose or | ||||||
16 | otherwise make
available to any
person or entity any highly | ||||||
17 | restricted personal information obtained by the
Secretary of
| ||||||
18 | State in connection with a driver's license, vehicle, or
title | ||||||
19 | registration
record unless
specifically authorized by this | ||||||
20 | Code.
| ||||||
21 | (g) 1. The Secretary of State may, upon receipt of a | ||||||
22 | written request
and a fee as set forth in Section 6-118, | ||||||
23 | furnish to the person or agency so requesting a
driver's | ||||||
24 | record or data contained therein. Such document may include a | ||||||
25 | record of: current driver's
license issuance information, | ||||||
26 | except that the information on judicial driving
permits shall |
| |||||||
| |||||||
1 | be available only as otherwise provided by this Code;
| ||||||
2 | convictions; orders entered revoking, suspending or cancelling | ||||||
3 | a
driver's
license or privilege; and notations of accident | ||||||
4 | involvement. All other
information, unless otherwise permitted | ||||||
5 | by
this Code, shall remain confidential. Information released | ||||||
6 | pursuant to a
request for a driver's record shall not contain | ||||||
7 | personally identifying
information, unless the request for the | ||||||
8 | driver's record was made for one of the
purposes set forth in | ||||||
9 | subsection (f-5) of this Section. The Secretary of State may, | ||||||
10 | without fee, allow a parent or guardian of a person under the | ||||||
11 | age of 18 years, who holds an instruction permit or graduated | ||||||
12 | driver's license, to view that person's driving record online, | ||||||
13 | through a computer connection.
The parent or guardian's online | ||||||
14 | access to the driving record will terminate when the | ||||||
15 | instruction permit or graduated driver's license holder | ||||||
16 | reaches the age of 18.
| ||||||
17 | 2. The Secretary of State shall not disclose or otherwise | ||||||
18 | make available
to any
person or
entity any highly restricted | ||||||
19 | personal information obtained by the Secretary of
State in
| ||||||
20 | connection with a driver's license, vehicle, or title
| ||||||
21 | registration record
unless specifically
authorized by this | ||||||
22 | Code. The Secretary of State may certify an abstract of a | ||||||
23 | driver's record
upon written request therefor. Such | ||||||
24 | certification
shall be made under the signature of the | ||||||
25 | Secretary of State and shall be
authenticated by the Seal of | ||||||
26 | his office.
|
| |||||||
| |||||||
1 | 3. All requests for driving record information shall be | ||||||
2 | made in a manner
prescribed by the Secretary and shall set | ||||||
3 | forth the intended use of the
requested information.
| ||||||
4 | The Secretary of State may notify the affected driver of | ||||||
5 | the request
for purchase of his driver's record as the | ||||||
6 | Secretary deems appropriate.
| ||||||
7 | No information shall be released to the requester until | ||||||
8 | expiration of a 10-day
period. This 10-day period shall not | ||||||
9 | apply to requests for information
made by law enforcement | ||||||
10 | officials, government agencies, financial institutions,
| ||||||
11 | attorneys, insurers, employers, automobile associated | ||||||
12 | businesses, persons
licensed as a private detective or firms | ||||||
13 | licensed as a private detective agency
under the Private | ||||||
14 | Detective, Private Alarm, Private Security, Fingerprint | ||||||
15 | Vendor, and Locksmith Act
of 2004,
who are employed by or are | ||||||
16 | acting on behalf of law enforcement officials,
government | ||||||
17 | agencies, financial institutions, attorneys, insurers, | ||||||
18 | employers,
automobile associated businesses, and other | ||||||
19 | business entities for purposes
consistent with the Illinois | ||||||
20 | Vehicle Code, the affected driver or other
entities as the | ||||||
21 | Secretary may exempt by rule and regulation.
| ||||||
22 | Any misrepresentation made by a requester of driver | ||||||
23 | information shall
be punishable as a petty offense, except in | ||||||
24 | the case of persons licensed as
a private detective or firms | ||||||
25 | licensed as a private detective agency which shall
be subject | ||||||
26 | to disciplinary sanctions under Section 40-10 of the Private
|
| |||||||
| |||||||
1 | Detective, Private Alarm, Private Security, Fingerprint | ||||||
2 | Vendor, and Locksmith Act of 2004.
| ||||||
3 | 4. The Secretary of State may furnish without fee, upon | ||||||
4 | the written
request of a law enforcement agency, any | ||||||
5 | information from a driver's
record on file with the Secretary | ||||||
6 | of State when such information is required
in the enforcement | ||||||
7 | of this Code or any other law relating to the operation
of | ||||||
8 | motor vehicles, including records of dispositions; documented
| ||||||
9 | information involving the use of a motor vehicle; whether such | ||||||
10 | individual
has, or previously had, a driver's license; and the | ||||||
11 | address and personal
description as reflected on said driver's | ||||||
12 | record.
| ||||||
13 | 5. Except as otherwise provided in this Section, the | ||||||
14 | Secretary of
State may furnish, without fee, information from | ||||||
15 | an individual driver's
record on file, if a written request | ||||||
16 | therefor is submitted
by any public transit system or | ||||||
17 | authority, public defender, law enforcement
agency, a state or | ||||||
18 | federal agency, or an Illinois local intergovernmental
| ||||||
19 | association, if the request is for the purpose of a background | ||||||
20 | check of
applicants for employment with the requesting agency, | ||||||
21 | or for the purpose of
an official investigation conducted by | ||||||
22 | the agency, or to determine a
current address for the driver so | ||||||
23 | public funds can be recovered or paid to
the driver, or for any | ||||||
24 | other purpose set forth in subsection (f-5)
of this Section.
| ||||||
25 | The Secretary may also furnish the courts a copy of an | ||||||
26 | abstract of a
driver's record, without fee, subsequent to an |
| |||||||
| |||||||
1 | arrest for a violation of
Section 11-501 or a similar | ||||||
2 | provision of a local ordinance. Such abstract
may include | ||||||
3 | records of dispositions; documented information involving
the | ||||||
4 | use of a motor vehicle as contained in the current file; | ||||||
5 | whether such
individual has, or previously had, a driver's | ||||||
6 | license; and the address and
personal description as reflected | ||||||
7 | on said driver's record.
| ||||||
8 | 6. Any certified abstract issued by the Secretary of State | ||||||
9 | or
transmitted electronically by the Secretary of State | ||||||
10 | pursuant to this
Section,
to a court or on request of a law | ||||||
11 | enforcement agency, for the record of a
named person as to the | ||||||
12 | status of the person's driver's license shall be
prima facie | ||||||
13 | evidence of the facts therein stated and if the name appearing
| ||||||
14 | in such abstract is the same as that of a person named in an | ||||||
15 | information or
warrant, such abstract shall be prima facie | ||||||
16 | evidence that the person named
in such information or warrant | ||||||
17 | is the same person as the person named in
such abstract and | ||||||
18 | shall be admissible for any prosecution under this Code and
be | ||||||
19 | admitted as proof of any prior conviction or proof of records, | ||||||
20 | notices, or
orders recorded on individual driving records | ||||||
21 | maintained by the Secretary of
State.
| ||||||
22 | 7. Subject to any restrictions contained in the Juvenile | ||||||
23 | Court Act of
1987, and upon receipt of a proper request and a | ||||||
24 | fee as set forth in Section 6-118, the
Secretary of
State shall | ||||||
25 | provide a driver's record or data contained therein to the | ||||||
26 | affected driver, or the affected
driver's attorney, upon |
| |||||||
| |||||||
1 | verification. Such record shall contain all the
information | ||||||
2 | referred to in paragraph 1 of this subsection (g) plus: any
| ||||||
3 | recorded accident involvement as a driver; information | ||||||
4 | recorded pursuant to
subsection (e) of Section 6-117 and | ||||||
5 | paragraph (4) of subsection (a) of
Section 6-204 of this Code. | ||||||
6 | All other information, unless otherwise permitted
by this | ||||||
7 | Code, shall remain confidential.
| ||||||
8 | (h) The Secretary shall not disclose social security | ||||||
9 | numbers or any associated information obtained from the Social | ||||||
10 | Security Administration except pursuant
to a written request | ||||||
11 | by, or with the prior written consent of, the
individual | ||||||
12 | except: (1) to officers and employees of the Secretary
who
| ||||||
13 | have a need to know the social security numbers in performance | ||||||
14 | of their
official duties, (2) to law enforcement officials for | ||||||
15 | a civil or
criminal law enforcement investigation, and if an | ||||||
16 | officer of the law enforcement
agency has made a written | ||||||
17 | request to the Secretary specifying the law
enforcement | ||||||
18 | investigation for which the social security numbers are being
| ||||||
19 | sought, though the Secretary retains the right to require | ||||||
20 | additional verification regarding the validity of the request, | ||||||
21 | (3) to the United States Department of Transportation, or any | ||||||
22 | other
State, pursuant to the administration and enforcement of | ||||||
23 | the Commercial
Motor Vehicle Safety Act of 1986 or | ||||||
24 | participation in State-to-State verification service, (4) | ||||||
25 | pursuant to the order of a court
of competent jurisdiction, | ||||||
26 | (5) to the Department of Healthcare and Family Services |
| |||||||
| |||||||
1 | (formerly Department of Public Aid) for
utilization
in the | ||||||
2 | child support enforcement duties assigned to that Department | ||||||
3 | under
provisions of the Illinois Public Aid Code after the | ||||||
4 | individual has received advanced
meaningful notification of | ||||||
5 | what redisclosure is sought by the Secretary in
accordance | ||||||
6 | with the federal Privacy Act, (5.5) to the Department of | ||||||
7 | Healthcare and Family Services and the Department of Human | ||||||
8 | Services solely for the purpose of verifying Illinois | ||||||
9 | residency where such residency is an eligibility requirement | ||||||
10 | for benefits under the Illinois Public Aid Code or any other | ||||||
11 | health benefit program administered by the Department of | ||||||
12 | Healthcare and Family Services or the Department of Human | ||||||
13 | Services, (6) to the Illinois Department of Revenue solely for | ||||||
14 | use by the Department in the collection of any tax or debt that | ||||||
15 | the Department of Revenue is authorized or required by law to | ||||||
16 | collect, provided that the Department shall not disclose the | ||||||
17 | social security number to any person or entity outside of the | ||||||
18 | Department, (7) to the Illinois Department of Veterans' | ||||||
19 | Affairs for the purpose of confirming veteran status, or (8) | ||||||
20 | the last 4 digits to the Illinois State Board of Elections for | ||||||
21 | purposes of voter registration and as may be required pursuant | ||||||
22 | to an agreement for a multi-state voter registration list | ||||||
23 | maintenance system. If social security information is | ||||||
24 | disclosed by the Secretary in accordance with this Section, no | ||||||
25 | liability shall rest with the Office of the Secretary of State | ||||||
26 | or any of its officers or employees, as the information is |
| |||||||
| |||||||
1 | released for official purposes only.
| ||||||
2 | (i) (Blank).
| ||||||
3 | (j) Medical statements or medical reports received in the | ||||||
4 | Secretary of
State's Office shall be confidential. Except as | ||||||
5 | provided in this Section, no confidential information may be
| ||||||
6 | open to public inspection or the contents disclosed to anyone, | ||||||
7 | except
officers and employees of the Secretary who have a need | ||||||
8 | to know the information
contained in the medical reports and | ||||||
9 | the Driver License Medical Advisory
Board, unless so directed | ||||||
10 | by an order of a court of competent jurisdiction. If the | ||||||
11 | Secretary receives a medical report regarding a driver that | ||||||
12 | does not address a medical condition contained in a previous | ||||||
13 | medical report, the Secretary may disclose the unaddressed | ||||||
14 | medical condition to the driver or his or her physician, or | ||||||
15 | both, solely for the purpose of submission of a medical report | ||||||
16 | that addresses the condition.
| ||||||
17 | (k) Beginning July 1, 2023, disbursement Disbursement of | ||||||
18 | fees collected under this Section shall be as follows: (1) of | ||||||
19 | the $20 $12 fee for a driver's record, $11 $3 shall be paid | ||||||
20 | into the Secretary of State Special Services Fund, and $6 | ||||||
21 | shall be paid into the General Revenue Fund; (2) 50% of the | ||||||
22 | amounts collected under subsection (b) shall be paid into the | ||||||
23 | General Revenue Fund; and (3) all remaining fees shall be | ||||||
24 | disbursed under subsection (g) of Section 2-119 of this Code.
| ||||||
25 | (l) (Blank).
| ||||||
26 | (m) Notations of accident involvement that may be |
| |||||||
| |||||||
1 | disclosed under this
Section shall not include notations | ||||||
2 | relating to damage to a vehicle or other
property being | ||||||
3 | transported by a tow truck. This information shall remain
| ||||||
4 | confidential, provided that nothing in this subsection (m) | ||||||
5 | shall limit
disclosure of any notification of accident | ||||||
6 | involvement to any law enforcement
agency or official.
| ||||||
7 | (n) Requests made by the news media for driver's license, | ||||||
8 | vehicle, or
title registration information may be furnished | ||||||
9 | without charge or at a reduced
charge, as determined by the | ||||||
10 | Secretary, when the specific purpose for
requesting the | ||||||
11 | documents is deemed to be in the public interest. Waiver or
| ||||||
12 | reduction of the fee is in the public interest if the principal | ||||||
13 | purpose of the
request is to access and disseminate | ||||||
14 | information regarding the health, safety,
and welfare or the | ||||||
15 | legal rights of the general public and is not for the
principal | ||||||
16 | purpose of gaining a personal or commercial benefit.
The | ||||||
17 | information provided pursuant to this subsection shall not | ||||||
18 | contain
personally identifying information unless the | ||||||
19 | information is to be used for one
of the
purposes identified in | ||||||
20 | subsection (f-5) of this Section.
| ||||||
21 | (o) The redisclosure of personally identifying information
| ||||||
22 | obtained
pursuant
to this Section is prohibited, except to the | ||||||
23 | extent necessary to effectuate the
purpose
for which the | ||||||
24 | original disclosure of the information was permitted.
| ||||||
25 | (p) The Secretary of State is empowered to adopt rules
to
| ||||||
26 | effectuate this Section.
|
| |||||||
| |||||||
1 | (Source: P.A. 100-590, eff. 6-8-18; 101-81, eff. 7-12-19; | ||||||
2 | 101-326, eff. 8-9-19.)
| ||||||
3 | (Text of Section after amendment by P.A. 102-982 )
| ||||||
4 | Sec. 2-123. Sale and distribution of information.
| ||||||
5 | (a) Except as otherwise provided in this Section, the | ||||||
6 | Secretary may make the
driver's license, vehicle and title | ||||||
7 | registration lists, in part or in whole,
and any statistical | ||||||
8 | information derived from these lists available to local
| ||||||
9 | governments, elected state officials, state educational | ||||||
10 | institutions, and all
other governmental units of the State | ||||||
11 | and Federal
Government
requesting them for governmental | ||||||
12 | purposes. The Secretary shall require any such
applicant for | ||||||
13 | services to pay for the costs of furnishing such services and | ||||||
14 | the
use of the equipment involved, and in addition is | ||||||
15 | empowered to establish prices
and charges for the services so | ||||||
16 | furnished and for the use of the electronic
equipment | ||||||
17 | utilized.
| ||||||
18 | (b) The Secretary is further empowered to and he may, in | ||||||
19 | his discretion,
furnish to any applicant, other than listed in | ||||||
20 | subsection (a) of this Section,
vehicle or driver data on a | ||||||
21 | computer tape, disk, other electronic format or
computer | ||||||
22 | processable medium, or printout at a fixed fee of $500
$250 for | ||||||
23 | orders received before October 1, 2003 and $500 for orders | ||||||
24 | received
on or after October 1, 2003 , in advance, and require | ||||||
25 | in addition a
further sufficient
deposit based upon the |
| |||||||
| |||||||
1 | Secretary of State's estimate of the total cost of the
| ||||||
2 | information requested and a charge of $50 $25 for orders | ||||||
3 | received before October
1, 2003 and $50 for orders received on | ||||||
4 | or after October 1, 2003 , per 1,000
units or part
thereof | ||||||
5 | identified or the actual cost, whichever is greater. The | ||||||
6 | Secretary is
authorized to refund any difference between the | ||||||
7 | additional deposit and the
actual cost of the request. This | ||||||
8 | service shall not be in lieu of an abstract
of a driver's | ||||||
9 | record nor of a title or registration search. This service may
| ||||||
10 | be limited to entities purchasing a minimum number of records | ||||||
11 | as required by
administrative rule. The information
sold | ||||||
12 | pursuant to this subsection shall be the entire vehicle or | ||||||
13 | driver data
list, or part thereof. The information sold | ||||||
14 | pursuant to this subsection
shall not contain personally | ||||||
15 | identifying information unless the information is
to be used | ||||||
16 | for one of the purposes identified in subsection (f-5) of this
| ||||||
17 | Section. Commercial purchasers of driver and vehicle record | ||||||
18 | databases shall
enter into a written agreement with the | ||||||
19 | Secretary of State that includes
disclosure of the commercial | ||||||
20 | use of the information to be purchased. | ||||||
21 | (b-1) The Secretary is further empowered to and may, in | ||||||
22 | his or her discretion, furnish vehicle or driver data on a | ||||||
23 | computer tape, disk, or other electronic format or computer | ||||||
24 | processible medium, at no fee, to any State or local | ||||||
25 | governmental agency that uses the information provided by the | ||||||
26 | Secretary to transmit data back to the Secretary that enables |
| |||||||
| |||||||
1 | the Secretary to maintain accurate driving records, including | ||||||
2 | dispositions of traffic cases. This information may be | ||||||
3 | provided without fee not more often than once every 6 months.
| ||||||
4 | (c) Secretary of State may issue registration lists. The | ||||||
5 | Secretary
of State may compile a list of all registered
| ||||||
6 | vehicles. Each list of registered vehicles shall be arranged | ||||||
7 | serially
according to the registration numbers assigned to | ||||||
8 | registered vehicles and
may contain in addition the names and | ||||||
9 | addresses of registered owners and
a brief description of each | ||||||
10 | vehicle including the serial or other
identifying number | ||||||
11 | thereof. Such compilation may be in such form as in the
| ||||||
12 | discretion of the Secretary of State may seem best for the | ||||||
13 | purposes intended.
| ||||||
14 | (d) The Secretary of State shall furnish no more than 2 | ||||||
15 | current available
lists of such registrations to the sheriffs | ||||||
16 | of all counties and to the chiefs
of police of all cities and | ||||||
17 | villages and towns of 2,000 population and over
in this State | ||||||
18 | at no cost. Additional copies may be purchased by the sheriffs
| ||||||
19 | or chiefs of police at the fee
of $500 each or at the cost of | ||||||
20 | producing the list as determined
by the Secretary of State. | ||||||
21 | Such lists are to be used for governmental
purposes only.
| ||||||
22 | (e) (Blank).
| ||||||
23 | (e-1) (Blank).
| ||||||
24 | (f) The Secretary of State shall make a title or | ||||||
25 | registration search of the
records of his office and a written | ||||||
26 | report on the same for any person, upon
written application of |
| |||||||
| |||||||
1 | such person, accompanied by a fee of $5 for
each registration | ||||||
2 | or title search. The written application shall set forth
the | ||||||
3 | intended use of the requested information. No fee shall be | ||||||
4 | charged for a
title or
registration search, or for the | ||||||
5 | certification thereof requested by a government
agency. The | ||||||
6 | report of the title or registration search shall not contain
| ||||||
7 | personally identifying information unless the request for a | ||||||
8 | search was made for
one of the purposes identified in | ||||||
9 | subsection (f-5) of this Section. The report of the title or | ||||||
10 | registration search shall not contain highly
restricted | ||||||
11 | personal
information unless specifically authorized by this | ||||||
12 | Code.
| ||||||
13 | The Secretary of State shall certify a title or | ||||||
14 | registration record upon
written request. The fee for | ||||||
15 | certification shall be $5 in addition
to the fee required for a | ||||||
16 | title or registration search. Certification shall
be made | ||||||
17 | under the signature of the Secretary of State and shall be
| ||||||
18 | authenticated by Seal of the Secretary of State.
| ||||||
19 | The Secretary of State may notify the vehicle owner or | ||||||
20 | registrant of
the request for purchase of his title or | ||||||
21 | registration information as the
Secretary deems appropriate.
| ||||||
22 | No information shall be released to the requester until | ||||||
23 | expiration of a 10-day
period. This 10-day period shall not | ||||||
24 | apply to requests for
information made by law enforcement | ||||||
25 | officials, government agencies,
financial institutions, | ||||||
26 | attorneys, insurers, employers, automobile
associated |
| |||||||
| |||||||
1 | businesses, persons licensed as a private detective or firms
| ||||||
2 | licensed as a private detective agency under the Private | ||||||
3 | Detective, Private
Alarm, Private Security, Fingerprint | ||||||
4 | Vendor, and Locksmith Act of 2004, who are employed by or are
| ||||||
5 | acting on
behalf of law enforcement officials, government | ||||||
6 | agencies, financial
institutions, attorneys, insurers, | ||||||
7 | employers, automobile associated businesses,
and other | ||||||
8 | business entities for purposes consistent with the Illinois | ||||||
9 | Vehicle
Code, the vehicle owner or registrant or other | ||||||
10 | entities as the Secretary may
exempt by rule and regulation.
| ||||||
11 | Any misrepresentation made by a requester of title or | ||||||
12 | vehicle information
shall be punishable as a petty offense, | ||||||
13 | except in the case of persons
licensed as a private detective | ||||||
14 | or firms licensed as a private detective agency
which shall be | ||||||
15 | subject to disciplinary sanctions under Section 40-10 of the
| ||||||
16 | Private Detective, Private Alarm, Private Security, | ||||||
17 | Fingerprint Vendor, and Locksmith Act of 2004.
| ||||||
18 | (f-5) The Secretary of State shall not disclose or | ||||||
19 | otherwise make
available to
any person or entity any | ||||||
20 | personally identifying information obtained by the
Secretary
| ||||||
21 | of State in connection with a driver's license, vehicle, or | ||||||
22 | title registration
record
unless the information is disclosed | ||||||
23 | for one of the following purposes:
| ||||||
24 | (1) For use by any government agency, including any | ||||||
25 | court or law
enforcement agency, in carrying out its | ||||||
26 | functions, or any private person or
entity acting on |
| |||||||
| |||||||
1 | behalf of a federal, State, or local agency in carrying | ||||||
2 | out
its
functions.
| ||||||
3 | (2) For use in connection with matters of motor | ||||||
4 | vehicle or driver safety
and theft; motor vehicle | ||||||
5 | emissions; motor vehicle product alterations, recalls,
or | ||||||
6 | advisories; performance monitoring of motor vehicles, | ||||||
7 | motor vehicle parts,
and dealers; and removal of non-owner | ||||||
8 | records from the original owner
records of motor vehicle | ||||||
9 | manufacturers.
| ||||||
10 | (3) For use in the normal course of business by a | ||||||
11 | legitimate business or
its agents, employees, or | ||||||
12 | contractors, but only:
| ||||||
13 | (A) to verify the accuracy of personal information | ||||||
14 | submitted by
an individual to the business or its | ||||||
15 | agents, employees, or contractors;
and
| ||||||
16 | (B) if such information as so submitted is not | ||||||
17 | correct or is no
longer correct, to obtain the correct | ||||||
18 | information, but only for the
purposes of preventing | ||||||
19 | fraud by, pursuing legal remedies against, or
| ||||||
20 | recovering on a debt or security interest against, the | ||||||
21 | individual.
| ||||||
22 | (4) For use in research activities and for use in | ||||||
23 | producing statistical
reports, if the personally | ||||||
24 | identifying information is not published,
redisclosed, or | ||||||
25 | used to
contact individuals.
| ||||||
26 | (5) For use in connection with any civil, criminal, |
| |||||||
| |||||||
1 | administrative, or
arbitral proceeding in any federal, | ||||||
2 | State, or local court or agency or before
any
| ||||||
3 | self-regulatory body, including the service of process, | ||||||
4 | investigation in
anticipation of litigation, and the | ||||||
5 | execution or enforcement of judgments and
orders, or | ||||||
6 | pursuant to an order of a federal, State, or local court.
| ||||||
7 | (6) For use by any insurer or insurance support | ||||||
8 | organization or by a
self-insured entity or its agents, | ||||||
9 | employees, or contractors in connection with
claims | ||||||
10 | investigation activities, antifraud activities, rating, or | ||||||
11 | underwriting.
| ||||||
12 | (7) For use in providing notice to the owners of towed | ||||||
13 | or
impounded vehicles.
| ||||||
14 | (8) For use by any person licensed as a private | ||||||
15 | detective or firm licensed as a private
detective agency | ||||||
16 | under
the Private Detective, Private Alarm, Private | ||||||
17 | Security, Fingerprint Vendor, and Locksmith Act of
2004, | ||||||
18 | private investigative agency or security service
licensed | ||||||
19 | in Illinois for any purpose permitted under this | ||||||
20 | subsection.
| ||||||
21 | (9) For use by an employer or its agent or insurer to | ||||||
22 | obtain or verify
information relating to a holder of a | ||||||
23 | commercial driver's license that is
required under chapter | ||||||
24 | 313 of title 49 of the United States Code.
| ||||||
25 | (10) For use in connection with the operation of | ||||||
26 | private toll
transportation facilities.
|
| |||||||
| |||||||
1 | (11) For use by any requester, if the requester | ||||||
2 | demonstrates it has
obtained the written consent of the | ||||||
3 | individual to whom the information
pertains.
| ||||||
4 | (12) For use by members of the news media, as defined | ||||||
5 | in
Section 1-148.5, for the purpose of newsgathering when | ||||||
6 | the request relates to
the
operation of a motor vehicle or | ||||||
7 | public safety.
| ||||||
8 | (13) For any other use specifically authorized by law, | ||||||
9 | if that use is
related to the operation of a motor vehicle | ||||||
10 | or public safety. | ||||||
11 | (f-6) The Secretary of State shall not disclose or | ||||||
12 | otherwise make
available to any
person or entity any highly | ||||||
13 | restricted personal information obtained by the
Secretary of
| ||||||
14 | State in connection with a driver's license, vehicle, or
title | ||||||
15 | registration
record unless
specifically authorized by this | ||||||
16 | Code.
| ||||||
17 | (g) 1. The Secretary of State may, upon receipt of a | ||||||
18 | written request
and a fee as set forth in Section 6-118, | ||||||
19 | furnish to the person or agency so requesting a
driver's | ||||||
20 | record or data contained therein. Such document may include a | ||||||
21 | record of: current driver's
license issuance information, | ||||||
22 | except that the information on judicial driving
permits shall | ||||||
23 | be available only as otherwise provided by this Code;
| ||||||
24 | convictions; orders entered revoking, suspending or cancelling | ||||||
25 | a
driver's
license or privilege; and notations of crash | ||||||
26 | involvement. All other
information, unless otherwise permitted |
| |||||||
| |||||||
1 | by
this Code, shall remain confidential. Information released | ||||||
2 | pursuant to a
request for a driver's record shall not contain | ||||||
3 | personally identifying
information, unless the request for the | ||||||
4 | driver's record was made for one of the
purposes set forth in | ||||||
5 | subsection (f-5) of this Section. The Secretary of State may, | ||||||
6 | without fee, allow a parent or guardian of a person under the | ||||||
7 | age of 18 years, who holds an instruction permit or graduated | ||||||
8 | driver's license, to view that person's driving record online, | ||||||
9 | through a computer connection.
The parent or guardian's online | ||||||
10 | access to the driving record will terminate when the | ||||||
11 | instruction permit or graduated driver's license holder | ||||||
12 | reaches the age of 18.
| ||||||
13 | 2. The Secretary of State shall not disclose or otherwise | ||||||
14 | make available
to any
person or
entity any highly restricted | ||||||
15 | personal information obtained by the Secretary of
State in
| ||||||
16 | connection with a driver's license, vehicle, or title
| ||||||
17 | registration record
unless specifically
authorized by this | ||||||
18 | Code. The Secretary of State may certify an abstract of a | ||||||
19 | driver's record
upon written request therefor. Such | ||||||
20 | certification
shall be made under the signature of the | ||||||
21 | Secretary of State and shall be
authenticated by the Seal of | ||||||
22 | his office.
| ||||||
23 | 3. All requests for driving record information shall be | ||||||
24 | made in a manner
prescribed by the Secretary and shall set | ||||||
25 | forth the intended use of the
requested information.
| ||||||
26 | The Secretary of State may notify the affected driver of |
| |||||||
| |||||||
1 | the request
for purchase of his driver's record as the | ||||||
2 | Secretary deems appropriate.
| ||||||
3 | No information shall be released to the requester until | ||||||
4 | expiration of a 10-day
period. This 10-day period shall not | ||||||
5 | apply to requests for information
made by law enforcement | ||||||
6 | officials, government agencies, financial institutions,
| ||||||
7 | attorneys, insurers, employers, automobile associated | ||||||
8 | businesses, persons
licensed as a private detective or firms | ||||||
9 | licensed as a private detective agency
under the Private | ||||||
10 | Detective, Private Alarm, Private Security, Fingerprint | ||||||
11 | Vendor, and Locksmith Act
of 2004,
who are employed by or are | ||||||
12 | acting on behalf of law enforcement officials,
government | ||||||
13 | agencies, financial institutions, attorneys, insurers, | ||||||
14 | employers,
automobile associated businesses, and other | ||||||
15 | business entities for purposes
consistent with the Illinois | ||||||
16 | Vehicle Code, the affected driver or other
entities as the | ||||||
17 | Secretary may exempt by rule and regulation.
| ||||||
18 | Any misrepresentation made by a requester of driver | ||||||
19 | information shall
be punishable as a petty offense, except in | ||||||
20 | the case of persons licensed as
a private detective or firms | ||||||
21 | licensed as a private detective agency which shall
be subject | ||||||
22 | to disciplinary sanctions under Section 40-10 of the Private
| ||||||
23 | Detective, Private Alarm, Private Security, Fingerprint | ||||||
24 | Vendor, and Locksmith Act of 2004.
| ||||||
25 | 4. The Secretary of State may furnish without fee, upon | ||||||
26 | the written
request of a law enforcement agency, any |
| |||||||
| |||||||
1 | information from a driver's
record on file with the Secretary | ||||||
2 | of State when such information is required
in the enforcement | ||||||
3 | of this Code or any other law relating to the operation
of | ||||||
4 | motor vehicles, including records of dispositions; documented
| ||||||
5 | information involving the use of a motor vehicle; whether such | ||||||
6 | individual
has, or previously had, a driver's license; and the | ||||||
7 | address and personal
description as reflected on said driver's | ||||||
8 | record.
| ||||||
9 | 5. Except as otherwise provided in this Section, the | ||||||
10 | Secretary of
State may furnish, without fee, information from | ||||||
11 | an individual driver's
record on file, if a written request | ||||||
12 | therefor is submitted
by any public transit system or | ||||||
13 | authority, public defender, law enforcement
agency, a state or | ||||||
14 | federal agency, or an Illinois local intergovernmental
| ||||||
15 | association, if the request is for the purpose of a background | ||||||
16 | check of
applicants for employment with the requesting agency, | ||||||
17 | or for the purpose of
an official investigation conducted by | ||||||
18 | the agency, or to determine a
current address for the driver so | ||||||
19 | public funds can be recovered or paid to
the driver, or for any | ||||||
20 | other purpose set forth in subsection (f-5)
of this Section.
| ||||||
21 | The Secretary may also furnish the courts a copy of an | ||||||
22 | abstract of a
driver's record, without fee, subsequent to an | ||||||
23 | arrest for a violation of
Section 11-501 or a similar | ||||||
24 | provision of a local ordinance. Such abstract
may include | ||||||
25 | records of dispositions; documented information involving
the | ||||||
26 | use of a motor vehicle as contained in the current file; |
| |||||||
| |||||||
1 | whether such
individual has, or previously had, a driver's | ||||||
2 | license; and the address and
personal description as reflected | ||||||
3 | on said driver's record.
| ||||||
4 | 6. Any certified abstract issued by the Secretary of State | ||||||
5 | or
transmitted electronically by the Secretary of State | ||||||
6 | pursuant to this
Section,
to a court or on request of a law | ||||||
7 | enforcement agency, for the record of a
named person as to the | ||||||
8 | status of the person's driver's license shall be
prima facie | ||||||
9 | evidence of the facts therein stated and if the name appearing
| ||||||
10 | in such abstract is the same as that of a person named in an | ||||||
11 | information or
warrant, such abstract shall be prima facie | ||||||
12 | evidence that the person named
in such information or warrant | ||||||
13 | is the same person as the person named in
such abstract and | ||||||
14 | shall be admissible for any prosecution under this Code and
be | ||||||
15 | admitted as proof of any prior conviction or proof of records, | ||||||
16 | notices, or
orders recorded on individual driving records | ||||||
17 | maintained by the Secretary of
State.
| ||||||
18 | 7. Subject to any restrictions contained in the Juvenile | ||||||
19 | Court Act of
1987, and upon receipt of a proper request and a | ||||||
20 | fee as set forth in Section 6-118, the
Secretary of
State shall | ||||||
21 | provide a driver's record or data contained therein to the | ||||||
22 | affected driver, or the affected
driver's attorney, upon | ||||||
23 | verification. Such record shall contain all the
information | ||||||
24 | referred to in paragraph 1 of this subsection (g) plus: any
| ||||||
25 | recorded crash involvement as a driver; information recorded | ||||||
26 | pursuant to
subsection (e) of Section 6-117 and paragraph (4) |
| |||||||
| |||||||
1 | of subsection (a) of
Section 6-204 of this Code. All other | ||||||
2 | information, unless otherwise permitted
by this Code, shall | ||||||
3 | remain confidential.
| ||||||
4 | (h) The Secretary shall not disclose social security | ||||||
5 | numbers or any associated information obtained from the Social | ||||||
6 | Security Administration except pursuant
to a written request | ||||||
7 | by, or with the prior written consent of, the
individual | ||||||
8 | except: (1) to officers and employees of the Secretary
who
| ||||||
9 | have a need to know the social security numbers in performance | ||||||
10 | of their
official duties, (2) to law enforcement officials for | ||||||
11 | a civil or
criminal law enforcement investigation, and if an | ||||||
12 | officer of the law enforcement
agency has made a written | ||||||
13 | request to the Secretary specifying the law
enforcement | ||||||
14 | investigation for which the social security numbers are being
| ||||||
15 | sought, though the Secretary retains the right to require | ||||||
16 | additional verification regarding the validity of the request, | ||||||
17 | (3) to the United States Department of Transportation, or any | ||||||
18 | other
State, pursuant to the administration and enforcement of | ||||||
19 | the Commercial
Motor Vehicle Safety Act of 1986 or | ||||||
20 | participation in State-to-State verification service, (4) | ||||||
21 | pursuant to the order of a court
of competent jurisdiction, | ||||||
22 | (5) to the Department of Healthcare and Family Services | ||||||
23 | (formerly Department of Public Aid) for
utilization
in the | ||||||
24 | child support enforcement duties assigned to that Department | ||||||
25 | under
provisions of the Illinois Public Aid Code after the | ||||||
26 | individual has received advanced
meaningful notification of |
| |||||||
| |||||||
1 | what redisclosure is sought by the Secretary in
accordance | ||||||
2 | with the federal Privacy Act, (5.5) to the Department of | ||||||
3 | Healthcare and Family Services and the Department of Human | ||||||
4 | Services solely for the purpose of verifying Illinois | ||||||
5 | residency where such residency is an eligibility requirement | ||||||
6 | for benefits under the Illinois Public Aid Code or any other | ||||||
7 | health benefit program administered by the Department of | ||||||
8 | Healthcare and Family Services or the Department of Human | ||||||
9 | Services, (6) to the Illinois Department of Revenue solely for | ||||||
10 | use by the Department in the collection of any tax or debt that | ||||||
11 | the Department of Revenue is authorized or required by law to | ||||||
12 | collect, provided that the Department shall not disclose the | ||||||
13 | social security number to any person or entity outside of the | ||||||
14 | Department, (7) to the Illinois Department of Veterans' | ||||||
15 | Affairs for the purpose of confirming veteran status, or (8) | ||||||
16 | the last 4 digits to the Illinois State Board of Elections for | ||||||
17 | purposes of voter registration and as may be required pursuant | ||||||
18 | to an agreement for a multi-state voter registration list | ||||||
19 | maintenance system. If social security information is | ||||||
20 | disclosed by the Secretary in accordance with this Section, no | ||||||
21 | liability shall rest with the Office of the Secretary of State | ||||||
22 | or any of its officers or employees, as the information is | ||||||
23 | released for official purposes only.
| ||||||
24 | (i) (Blank).
| ||||||
25 | (j) Medical statements or medical reports received in the | ||||||
26 | Secretary of
State's Office shall be confidential. Except as |
| |||||||
| |||||||
1 | provided in this Section, no confidential information may be
| ||||||
2 | open to public inspection or the contents disclosed to anyone, | ||||||
3 | except
officers and employees of the Secretary who have a need | ||||||
4 | to know the information
contained in the medical reports and | ||||||
5 | the Driver License Medical Advisory
Board, unless so directed | ||||||
6 | by an order of a court of competent jurisdiction. If the | ||||||
7 | Secretary receives a medical report regarding a driver that | ||||||
8 | does not address a medical condition contained in a previous | ||||||
9 | medical report, the Secretary may disclose the unaddressed | ||||||
10 | medical condition to the driver or his or her physician, or | ||||||
11 | both, solely for the purpose of submission of a medical report | ||||||
12 | that addresses the condition.
| ||||||
13 | (k) Beginning July 1, 2023, disbursement Disbursement of | ||||||
14 | fees collected under this Section shall be as follows: (1) of | ||||||
15 | the $20 $12 fee for a driver's record, $11 $3 shall be paid | ||||||
16 | into the Secretary of State Special Services Fund, and $6 | ||||||
17 | shall be paid into the General Revenue Fund; (2) 50% of the | ||||||
18 | amounts collected under subsection (b) shall be paid into the | ||||||
19 | General Revenue Fund; and (3) all remaining fees shall be | ||||||
20 | disbursed under subsection (g) of Section 2-119 of this Code.
| ||||||
21 | (l) (Blank).
| ||||||
22 | (m) Notations of crash involvement that may be disclosed | ||||||
23 | under this
Section shall not include notations relating to | ||||||
24 | damage to a vehicle or other
property being transported by a | ||||||
25 | tow truck. This information shall remain
confidential, | ||||||
26 | provided that nothing in this subsection (m) shall limit
|
| |||||||
| |||||||
1 | disclosure of any notification of crash involvement to any law | ||||||
2 | enforcement
agency or official.
| ||||||
3 | (n) Requests made by the news media for driver's license, | ||||||
4 | vehicle, or
title registration information may be furnished | ||||||
5 | without charge or at a reduced
charge, as determined by the | ||||||
6 | Secretary, when the specific purpose for
requesting the | ||||||
7 | documents is deemed to be in the public interest. Waiver or
| ||||||
8 | reduction of the fee is in the public interest if the principal | ||||||
9 | purpose of the
request is to access and disseminate | ||||||
10 | information regarding the health, safety,
and welfare or the | ||||||
11 | legal rights of the general public and is not for the
principal | ||||||
12 | purpose of gaining a personal or commercial benefit.
The | ||||||
13 | information provided pursuant to this subsection shall not | ||||||
14 | contain
personally identifying information unless the | ||||||
15 | information is to be used for one
of the
purposes identified in | ||||||
16 | subsection (f-5) of this Section.
| ||||||
17 | (o) The redisclosure of personally identifying information
| ||||||
18 | obtained
pursuant
to this Section is prohibited, except to the | ||||||
19 | extent necessary to effectuate the
purpose
for which the | ||||||
20 | original disclosure of the information was permitted.
| ||||||
21 | (p) The Secretary of State is empowered to adopt rules
to
| ||||||
22 | effectuate this Section.
| ||||||
23 | (Source: P.A. 101-81, eff. 7-12-19; 101-326, eff. 8-9-19; | ||||||
24 | 102-982, eff. 7-1-23.)
| ||||||
25 | (625 ILCS 5/3-821) (from Ch. 95 1/2, par. 3-821)
|
| |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
1 | Sec. 3-821. Miscellaneous registration and title fees.
| ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
2 | (a) Except as provided under subsection (h), the fee to be | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
3 | paid to the Secretary of State for the following
certificates, | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
4 | registrations or evidences of proper registration, or for
| ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
5 | corrected or duplicate documents shall be in accordance with | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
6 | the following
schedule:
| ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
|
| |||||||||||||||||||||||||||||||||||||||||
| |||||||||||||||||||||||||||||||||||||||||
| |||||||||||||||||||||||||||||||||||||||||
11 | A special corrected certificate of title shall be issued | ||||||||||||||||||||||||||||||||||||||||
12 | (i) to remove a co-owner's name due to the death of the | ||||||||||||||||||||||||||||||||||||||||
13 | co-owner, to transfer title to a spouse if the decedent-spouse | ||||||||||||||||||||||||||||||||||||||||
14 | was the sole owner on the title, or due to a divorce; (ii) to | ||||||||||||||||||||||||||||||||||||||||
15 | change a co-owner's name due to a marriage; or (iii) due to a | ||||||||||||||||||||||||||||||||||||||||
16 | name change under Article XXI of the Code of Civil Procedure.
| ||||||||||||||||||||||||||||||||||||||||
17 | There shall be no fee paid for a Junking Certificate.
| ||||||||||||||||||||||||||||||||||||||||
18 | There shall be no fee paid for a certificate of title | ||||||||||||||||||||||||||||||||||||||||
19 | issued to a county when the vehicle is forfeited to the county | ||||||||||||||||||||||||||||||||||||||||
20 | under Article 36 of the Criminal Code of 2012. | ||||||||||||||||||||||||||||||||||||||||
21 | For purposes of this Section, the fee for a corrected | ||||||||||||||||||||||||||||||||||||||||
22 | title application that also results in the issuance of a | ||||||||||||||||||||||||||||||||||||||||
23 | duplicate title shall be the same as the fee for a duplicate | ||||||||||||||||||||||||||||||||||||||||
24 | title. | ||||||||||||||||||||||||||||||||||||||||
25 | (a-5) The Secretary of State may revoke a certificate of | ||||||||||||||||||||||||||||||||||||||||
26 | title and registration card and issue a corrected certificate |
| |||||||
| |||||||
1 | of title and registration card, at no fee to the vehicle owner | ||||||
2 | or lienholder, if there is proof that the vehicle | ||||||
3 | identification number is erroneously shown on the original | ||||||
4 | certificate of title.
| ||||||
5 | (a-10) The Secretary of State may issue, in connection | ||||||
6 | with the sale of a motor vehicle, a corrected title to a motor | ||||||
7 | vehicle dealer upon application and submittal of a lien | ||||||
8 | release letter from the lienholder listed in the files of the | ||||||
9 | Secretary. In the case of a title issued by another state, the | ||||||
10 | dealer must submit proof from the state that issued the last | ||||||
11 | title. The corrected title, which shall be known as a dealer | ||||||
12 | lien release certificate of title, shall be issued in the name | ||||||
13 | of the vehicle owner without the named lienholder. If the | ||||||
14 | motor vehicle is currently titled in a state other than | ||||||
15 | Illinois, the applicant must submit either (i) a letter from | ||||||
16 | the current lienholder releasing the lien and stating that the | ||||||
17 | lienholder has possession of the title; or (ii) a letter from | ||||||
18 | the current lienholder releasing the lien and a copy of the | ||||||
19 | records of the department of motor vehicles for the state in | ||||||
20 | which the vehicle is titled, showing that the vehicle is | ||||||
21 | titled in the name of the applicant and that no liens are | ||||||
22 | recorded other than the lien for which a release has been | ||||||
23 | submitted. The fee for the dealer lien release certificate of | ||||||
24 | title is $20. | ||||||
25 | (b) The Secretary may prescribe the maximum service charge | ||||||
26 | to be
imposed upon an applicant for renewal of a registration |
| |||||||
| |||||||
1 | by any person
authorized by law to receive and remit or | ||||||
2 | transmit to the Secretary such
renewal application and fees | ||||||
3 | therewith.
| ||||||
4 | (c) If payment is delivered to the Office of the Secretary | ||||||
5 | of State
as payment of any fee or tax under this Code, and such | ||||||
6 | payment is not
honored for any reason, the registrant
or other | ||||||
7 | person tendering the payment remains liable for the payment of
| ||||||
8 | such fee or tax. The Secretary of State may assess a service | ||||||
9 | charge of $25
in addition to the fee or tax due and owing for | ||||||
10 | all dishonored payments.
| ||||||
11 | If the total amount then due and owing exceeds the sum of | ||||||
12 | $100 and
has not been paid in full within 60 days from the date | ||||||
13 | the dishonored payment was first delivered to the Secretary of | ||||||
14 | State, the Secretary of State shall
assess a penalty of 25% of | ||||||
15 | such amount remaining unpaid.
| ||||||
16 | All amounts payable under this Section shall be computed | ||||||
17 | to the
nearest dollar. Out of each fee collected for | ||||||
18 | dishonored payments, $5 shall be deposited in the Secretary of | ||||||
19 | State Special Services Fund.
| ||||||
20 | (d) The minimum fee and tax to be paid by any applicant for
| ||||||
21 | apportionment of a fleet of vehicles under this Code shall be | ||||||
22 | $15
if the application was filed on or before the date | ||||||
23 | specified by the
Secretary together with fees and taxes due. | ||||||
24 | If an application and the
fees or taxes due are filed after the | ||||||
25 | date specified by the Secretary,
the Secretary may prescribe | ||||||
26 | the payment of interest at the rate of 1/2
of 1% per month or |
| |||||||
| |||||||
1 | fraction thereof after such due date and a minimum of
$8.
| ||||||
2 | (e) Trucks, truck tractors, truck tractors with loads, and | ||||||
3 | motor buses,
any one of which having a combined total weight in | ||||||
4 | excess of 12,000 lbs.
shall file an application for a Fleet | ||||||
5 | Reciprocity Permit issued by the
Secretary of State. This | ||||||
6 | permit shall be in the possession of any driver
operating a | ||||||
7 | vehicle on Illinois highways. Any foreign licensed vehicle of | ||||||
8 | the
second division operating at any time in Illinois without | ||||||
9 | a Fleet Reciprocity
Permit or other proper Illinois | ||||||
10 | registration, shall subject the operator to the
penalties | ||||||
11 | provided in Section 3-834 of this Code. For the purposes of | ||||||
12 | this
Code, "Fleet Reciprocity Permit" means any second | ||||||
13 | division motor vehicle with a
foreign license and used only in | ||||||
14 | interstate transportation of goods. The fee
for such permit | ||||||
15 | shall be $15 per fleet which shall include all
vehicles of the | ||||||
16 | fleet being registered.
| ||||||
17 | (f) For purposes of this Section, "all-terrain vehicle or | ||||||
18 | off-highway
motorcycle used for production agriculture" means | ||||||
19 | any all-terrain vehicle or
off-highway motorcycle used in the | ||||||
20 | raising
of or the propagation of livestock, crops for sale for | ||||||
21 | human consumption,
crops for livestock consumption, and | ||||||
22 | production seed stock grown for the
propagation of feed grains | ||||||
23 | and the husbandry of animals or for the purpose
of providing a | ||||||
24 | food product, including the husbandry of blood stock as a
main | ||||||
25 | source of providing a food product.
"All-terrain vehicle or | ||||||
26 | off-highway motorcycle used in production agriculture"
also |
| |||||||
| |||||||
1 | means any all-terrain vehicle or off-highway motorcycle used | ||||||
2 | in animal
husbandry, floriculture, aquaculture, horticulture, | ||||||
3 | and viticulture.
| ||||||
4 | (g) All of the proceeds of the additional fees imposed by | ||||||
5 | Public Act 96-34 shall be deposited into the Capital Projects | ||||||
6 | Fund. | ||||||
7 | (h) The fee for a duplicate registration sticker or | ||||||
8 | stickers shall be the amount required under subsection (a) or | ||||||
9 | the vehicle's annual registration fee amount, whichever is | ||||||
10 | less. | ||||||
11 | (i) All of the proceeds of (1) the additional fees imposed | ||||||
12 | by Public Act 101-32, and (2) the $5 additional fee imposed by | ||||||
13 | this amendatory Act of the 102nd General Assembly for a | ||||||
14 | certificate of title for a motor vehicle other than an | ||||||
15 | all-terrain vehicle, off-highway motorcycle, or motor home, | ||||||
16 | mini motor home, or van camper shall be deposited into the Road | ||||||
17 | Fund. | ||||||
18 | (j) Beginning July 1, 2023, the $10 additional fee imposed | ||||||
19 | by this amendatory Act of the 103rd General Assembly for a | ||||||
20 | Certificate of Title shall be deposited into the Secretary of | ||||||
21 | State Special Services Fund. | ||||||
22 | (Source: P.A. 101-32, eff. 6-28-19; 101-604, eff. 12-13-19; | ||||||
23 | 101-636, eff. 6-10-20; 102-353, eff. 1-1-22 .)
| ||||||
24 | (625 ILCS 5/6-118)
| ||||||
25 | Sec. 6-118. Fees. |
| |||||||
| |||||||
1 | (a) The fees for licenses and permits under this
Article | ||||||
2 | are as follows: | ||||||
3 | Original driver's license .............................$30 | ||||||
4 | Original or renewal driver's license | ||||||
5 | issued to 18, 19 and 20 year olds .................. 5 | ||||||
6 | All driver's licenses for persons | ||||||
7 | age 69 through age 80 .............................. 5 | ||||||
8 | All driver's licenses for persons | ||||||
9 | age 81 through age 86 .............................. 2 | ||||||
10 | All driver's licenses for persons | ||||||
11 | age 87 or older .....................................0 | ||||||
12 | Renewal driver's license (except for | ||||||
13 | applicants ages 18, 19 and 20 or | ||||||
14 | age 69 and older) ..................................30 | ||||||
15 | Original instruction permit issued to | ||||||
16 | persons (except those age 69 and older) | ||||||
17 | who do not hold or have not previously | ||||||
18 | held an Illinois instruction permit or | ||||||
19 | driver's license .................................. 20 | ||||||
20 | Instruction permit issued to any person | ||||||
21 | holding an Illinois driver's license | ||||||
22 | who wishes a change in classifications, | ||||||
23 | other than at the time of renewal .................. 5 | ||||||
24 | Any instruction permit issued to a person | ||||||
25 | age 69 and older ................................... 5 | ||||||
26 | Instruction permit issued to any person, |
| |||||||
| |||||||
1 | under age 69, not currently holding a | ||||||
2 | valid Illinois driver's license or | ||||||
3 | instruction permit but who has | ||||||
4 | previously been issued either document | ||||||
5 | in Illinois ....................................... 10 | ||||||
6 | Restricted driving permit .............................. 8 | ||||||
7 | Monitoring device driving permit ...................... 8 | ||||||
8 | Duplicate or corrected driver's license | ||||||
9 | or permit .......................................... 5 | ||||||
10 | Duplicate or corrected restricted | ||||||
11 | driving permit ..................................... 5 | ||||||
12 | Duplicate or corrected monitoring | ||||||
13 | device driving permit .................................. 5 | ||||||
14 | Duplicate driver's license or permit issued to | ||||||
15 | an active-duty member of the | ||||||
16 | United States Armed Forces, | ||||||
17 | the member's spouse, or | ||||||
18 | the dependent children living | ||||||
19 | with the member ................................... 0 | ||||||
20 | Original or renewal M or L endorsement ................. 5 | ||||||
21 | SPECIAL FEES FOR COMMERCIAL DRIVER'S LICENSE | ||||||
22 | The fees for commercial driver licenses and permits | ||||||
23 | under Article V
shall be as follows: | ||||||
24 | Commercial driver's license: | ||||||
25 | $6 for the CDLIS/AAMVAnet/NMVTIS Trust Fund | ||||||
26 | (Commercial Driver's License Information |
| |||||||
| |||||||
1 | System/American Association of Motor Vehicle | ||||||
2 | Administrators network/National Motor Vehicle | ||||||
3 | Title Information Service Trust Fund); | ||||||
4 | $20 for the Motor Carrier Safety Inspection Fund; | ||||||
5 | $10 for the driver's license; | ||||||
6 | and $24 for the CDL: ............................. $60 | ||||||
7 | Renewal commercial driver's license: | ||||||
8 | $6 for the CDLIS/AAMVAnet/NMVTIS Trust Fund; | ||||||
9 | $20 for the Motor Carrier Safety Inspection Fund; | ||||||
10 | $10 for the driver's license; and | ||||||
11 | $24 for the CDL: ................................. $60 | ||||||
12 | Commercial learner's permit | ||||||
13 | issued to any person holding a valid | ||||||
14 | Illinois driver's license for the | ||||||
15 | purpose of changing to a | ||||||
16 | CDL classification: $6 for the | ||||||
17 | CDLIS/AAMVAnet/NMVTIS Trust Fund; | ||||||
18 | $20 for the Motor Carrier | ||||||
19 | Safety Inspection Fund; and | ||||||
20 | $24 for the CDL classification ................... $50 | ||||||
21 | Commercial learner's permit | ||||||
22 | issued to any person holding a valid | ||||||
23 | Illinois CDL for the purpose of | ||||||
24 | making a change in a classification, | ||||||
25 | endorsement or restriction ........................ $5 | ||||||
26 | CDL duplicate or corrected license .................... $5 |
| |||||||
| |||||||
1 | In order to ensure the proper implementation of the | ||||||
2 | Uniform Commercial
Driver License Act, Article V of this | ||||||
3 | Chapter, the Secretary of State is
empowered to prorate the | ||||||
4 | $24 fee for the commercial driver's license
proportionate to | ||||||
5 | the expiration date of the applicant's Illinois driver's
| ||||||
6 | license. | ||||||
7 | The fee for any duplicate license or permit shall be | ||||||
8 | waived for any
person who presents the Secretary of State's | ||||||
9 | office with a
police report showing that his license or permit | ||||||
10 | was stolen. | ||||||
11 | The fee for any duplicate license or permit shall be | ||||||
12 | waived for any
person age 60 or older whose driver's license or | ||||||
13 | permit has been lost or stolen. | ||||||
14 | No additional fee shall be charged for a driver's license, | ||||||
15 | or for a
commercial driver's license, when issued
to the | ||||||
16 | holder of an instruction permit for the same classification or
| ||||||
17 | type of license who becomes eligible for such
license. | ||||||
18 | The fee for a restricted driving permit under this | ||||||
19 | subsection (a) shall be imposed annually until the expiration | ||||||
20 | of the permit. | ||||||
21 | (a-5) The fee for a driver's record or data contained | ||||||
22 | therein is $20 and shall be disbursed as set forth in | ||||||
23 | subsection (k) of Section 2-123 of this Code $12 . | ||||||
24 | (b) Any person whose license or privilege to operate a | ||||||
25 | motor vehicle
in this State has been suspended or revoked | ||||||
26 | under Section 3-707, any
provision of
Chapter 6, Chapter 11, |
| |||||||
| |||||||
1 | or Section 7-205, 7-303, or 7-702 of the Family
Financial
| ||||||
2 | Responsibility Law of this Code, shall in addition to any | ||||||
3 | other
fees required by this Code, pay a reinstatement fee as | ||||||
4 | follows: | ||||||
5 | Suspension under Section 3-707 .....................
$100
| ||||||
6 | Suspension under Section 11-1431 ....................$100 | ||||||
7 | Summary suspension under Section 11-501.1 ...........$250
| ||||||
8 | Suspension under Section 11-501.9 ...................$250 | ||||||
9 | Summary revocation under Section 11-501.1 ............$500 | ||||||
10 | Other suspension ......................................$70 | ||||||
11 | Revocation ...........................................$500 | ||||||
12 | However, any person whose license or privilege to operate | ||||||
13 | a motor vehicle
in this State has been suspended or revoked for | ||||||
14 | a second or subsequent time
for a violation of Section 11-501, | ||||||
15 | 11-501.1, or 11-501.9
of this Code or a similar provision of a | ||||||
16 | local ordinance
or a similar out-of-state offense
or Section | ||||||
17 | 9-3 of the Criminal Code of 1961 or the Criminal Code of 2012
| ||||||
18 | and each suspension or revocation was for a violation of | ||||||
19 | Section 11-501,
11-501.1, or 11-501.9 of this Code or a | ||||||
20 | similar provision of a local ordinance
or a similar | ||||||
21 | out-of-state offense
or Section
9-3 of the Criminal Code of | ||||||
22 | 1961 or the Criminal Code of 2012
shall pay, in addition to any | ||||||
23 | other
fees required by this Code, a
reinstatement
fee as | ||||||
24 | follows: | ||||||
25 | Summary suspension under Section 11-501.1 ............$500 | ||||||
26 | Suspension under Section 11-501.9 ...................$500 |
| |||||||
| |||||||
1 | Summary revocation under Section 11-501.1 ............$500 | ||||||
2 | Revocation ...........................................$500 | ||||||
3 | (c) All fees collected under the provisions of this | ||||||
4 | Chapter 6 shall be disbursed under subsection (g) of Section | ||||||
5 | 2-119 of this Code,
except as follows: | ||||||
6 | 1. The following amounts shall be paid into the | ||||||
7 | Drivers Education Fund: | ||||||
8 | (A) $16 of the $20
fee for an original driver's | ||||||
9 | instruction permit; | ||||||
10 | (B) $5 of the $30 fee for an original driver's | ||||||
11 | license; | ||||||
12 | (C) $5 of the $30 fee for a 4 year renewal driver's | ||||||
13 | license;
| ||||||
14 | (D) $4 of the $8 fee for a restricted driving | ||||||
15 | permit; and | ||||||
16 | (E) $4 of the $8 fee for a monitoring device | ||||||
17 | driving permit. | ||||||
18 | 2. $30 of the $250 fee for reinstatement of a
license
| ||||||
19 | summarily suspended under Section 11-501.1 or suspended | ||||||
20 | under Section 11-501.9 shall be deposited into the
Drunk | ||||||
21 | and Drugged Driving Prevention Fund.
However, for a person | ||||||
22 | whose license or privilege to operate a motor vehicle
in | ||||||
23 | this State has been suspended or revoked for a second or | ||||||
24 | subsequent time for
a violation of Section 11-501, | ||||||
25 | 11-501.1, or 11-501.9 of this Code or Section 9-3 of the
| ||||||
26 | Criminal Code of 1961 or the Criminal Code of 2012,
$190 of |
| |||||||
| |||||||
1 | the $500 fee for reinstatement of a license summarily
| ||||||
2 | suspended under
Section 11-501.1 or suspended under | ||||||
3 | Section 11-501.9,
and $190 of the $500 fee for | ||||||
4 | reinstatement of a revoked license
shall be deposited into | ||||||
5 | the Drunk and Drugged Driving Prevention Fund. $190 of the | ||||||
6 | $500 fee for reinstatement of a license summarily revoked | ||||||
7 | pursuant to Section 11-501.1 shall be deposited into the | ||||||
8 | Drunk and Drugged Driving Prevention Fund. | ||||||
9 | 3. $6 of the original or renewal fee for a commercial | ||||||
10 | driver's
license and $6 of the commercial learner's permit | ||||||
11 | fee when the
permit is issued to any person holding a valid | ||||||
12 | Illinois driver's license,
shall be paid into the | ||||||
13 | CDLIS/AAMVAnet/NMVTIS Trust Fund. | ||||||
14 | 4. $30 of the $70 fee for reinstatement of a license | ||||||
15 | suspended
under the
Family
Financial Responsibility Law | ||||||
16 | shall be paid into the Family Responsibility
Fund. | ||||||
17 | 5. The $5 fee for each original or renewal M or L | ||||||
18 | endorsement shall be
deposited into the Cycle Rider Safety | ||||||
19 | Training Fund. | ||||||
20 | 6. $20 of any original or renewal fee for a commercial | ||||||
21 | driver's
license or commercial learner's permit shall be | ||||||
22 | paid into the Motor
Carrier Safety Inspection Fund. | ||||||
23 | 7. The following amounts shall be paid into the | ||||||
24 | General Revenue Fund: | ||||||
25 | (A) $190 of the $250 reinstatement fee for a | ||||||
26 | summary suspension under
Section 11-501.1 or a |
| |||||||
| |||||||
1 | suspension under Section 11-501.9; | ||||||
2 | (B) $40 of the $70 reinstatement fee for any other | ||||||
3 | suspension provided
in subsection (b) of this Section; | ||||||
4 | and | ||||||
5 | (C) $440 of the $500 reinstatement fee for a first | ||||||
6 | offense revocation
and $310 of the $500 reinstatement | ||||||
7 | fee for a second or subsequent revocation. | ||||||
8 | 8. Fees collected under paragraph (4) of subsection | ||||||
9 | (d) and subsection (h) of Section 6-205 of this Code; | ||||||
10 | subparagraph (C) of paragraph 3 of subsection (c) of | ||||||
11 | Section 6-206 of this Code; and paragraph (4) of | ||||||
12 | subsection (a) of Section 6-206.1 of this Code, shall be | ||||||
13 | paid into the funds set forth in those Sections. | ||||||
14 | (d) All of the proceeds of the additional fees imposed by | ||||||
15 | this amendatory Act of the 96th General Assembly shall be | ||||||
16 | deposited into the Capital Projects Fund. | ||||||
17 | (e) The additional fees imposed by this amendatory Act of | ||||||
18 | the 96th General Assembly shall become effective 90 days after | ||||||
19 | becoming law. The additional fees imposed by this amendatory | ||||||
20 | Act of the 103rd General Assembly shall become effective July | ||||||
21 | 1, 2023 and shall be paid into the Secretary of State Special | ||||||
22 | Services Fund. | ||||||
23 | (f) As used in this Section, "active-duty member of the | ||||||
24 | United States Armed Forces" means a member of the Armed | ||||||
25 | Services or Reserve Forces of the United States or a member of | ||||||
26 | the Illinois National Guard who is called to active duty |
| |||||||
| |||||||
1 | pursuant to an executive order of the President of the United | ||||||
2 | States, an act of the Congress of the United States, or an | ||||||
3 | order of the Governor. | ||||||
4 | (Source: P.A. 100-590, eff. 6-8-18; 100-803, eff. 1-1-19; | ||||||
5 | 101-81, eff. 7-12-19.) | ||||||
6 | ARTICLE 99. | ||||||
7 | Section 99-5. The State Employees Group Insurance Act of | ||||||
8 | 1971 is amended by changing Section 6.11 and adding Sections | ||||||
9 | 6.11B and 6.11C as follows:
| ||||||
10 | (5 ILCS 375/6.11)
| ||||||
11 | (Text of Section before amendment by P.A. 102-768 ) | ||||||
12 | Sec. 6.11. Required health benefits; Illinois Insurance | ||||||
13 | Code
requirements. The program of health
benefits shall | ||||||
14 | provide the post-mastectomy care benefits required to be | ||||||
15 | covered
by a policy of accident and health insurance under | ||||||
16 | Section 356t of the Illinois
Insurance Code. The program of | ||||||
17 | health benefits shall provide the coverage
required under | ||||||
18 | Sections 356g, 356g.5, 356g.5-1, 356m, 356q,
356u, 356w, 356x, | ||||||
19 | 356z.2, 356z.4, 356z.4a, 356z.6, 356z.8, 356z.9, 356z.10, | ||||||
20 | 356z.11, 356z.12, 356z.13, 356z.14, 356z.15, 356z.17, 356z.22, | ||||||
21 | 356z.25, 356z.26, 356z.29, 356z.30a, 356z.32, 356z.33, | ||||||
22 | 356z.36, 356z.40, 356z.41, 356z.45, 356z.46, 356z.47, 356z.51, | ||||||
23 | 356z.53, 356z.54, 356z.56, 356z.57, 356z.59, and 356z.60 of |
| |||||||
| |||||||
1 | the
Illinois Insurance Code.
The program of health benefits | ||||||
2 | must comply with Sections 155.22a, 155.37, 355b, 356z.19, | ||||||
3 | 370c, and 370c.1 and Article XXXIIB of the
Illinois Insurance | ||||||
4 | Code. The program of health benefits shall provide the | ||||||
5 | coverage required under Section 356m of the Illinois Insurance | ||||||
6 | Code and, for the employees of the State Employee Group | ||||||
7 | Insurance Program only, the coverage as also provided in | ||||||
8 | Section 6.11B of this Act. The Department of Insurance shall | ||||||
9 | enforce the requirements of this Section with respect to | ||||||
10 | Sections 370c and 370c.1 of the Illinois Insurance Code; all | ||||||
11 | other requirements of this Section shall be enforced by the | ||||||
12 | Department of Central Management Services.
| ||||||
13 | Rulemaking authority to implement Public Act 95-1045, if | ||||||
14 | any, is conditioned on the rules being adopted in accordance | ||||||
15 | with all provisions of the Illinois Administrative Procedure | ||||||
16 | Act and all rules and procedures of the Joint Committee on | ||||||
17 | Administrative Rules; any purported rule not so adopted, for | ||||||
18 | whatever reason, is unauthorized. | ||||||
19 | (Source: P.A. 101-13, eff. 6-12-19; 101-281, eff. 1-1-20; | ||||||
20 | 101-393, eff. 1-1-20; 101-452, eff. 1-1-20; 101-461, eff. | ||||||
21 | 1-1-20; 101-625, eff. 1-1-21; 102-30, eff. 1-1-22; 102-103, | ||||||
22 | eff. 1-1-22; 102-203, eff. 1-1-22; 102-306, eff. 1-1-22; | ||||||
23 | 102-642, eff. 1-1-22; 102-665, eff. 10-8-21; 102-731, eff. | ||||||
24 | 1-1-23; 102-804, eff. 1-1-23; 102-813, eff. 5-13-22; 102-816, | ||||||
25 | eff. 1-1-23; 102-860, eff. 1-1-23; 102-1093, eff. 1-1-23; | ||||||
26 | revised 12-13-22.) |
| |||||||
| |||||||
1 | (Text of Section after amendment by P.A. 102-768 ) | ||||||
2 | Sec. 6.11. Required health benefits; Illinois Insurance | ||||||
3 | Code
requirements. The program of health
benefits shall | ||||||
4 | provide the post-mastectomy care benefits required to be | ||||||
5 | covered
by a policy of accident and health insurance under | ||||||
6 | Section 356t of the Illinois
Insurance Code. The program of | ||||||
7 | health benefits shall provide the coverage
required under | ||||||
8 | Sections 356g, 356g.5, 356g.5-1, 356m, 356q,
356u, 356w, 356x, | ||||||
9 | 356z.2, 356z.4, 356z.4a, 356z.6, 356z.8, 356z.9, 356z.10, | ||||||
10 | 356z.11, 356z.12, 356z.13, 356z.14, 356z.15, 356z.17, 356z.22, | ||||||
11 | 356z.25, 356z.26, 356z.29, 356z.30a, 356z.32, 356z.33, | ||||||
12 | 356z.36, 356z.40, 356z.41, 356z.45, 356z.46, 356z.47, 356z.51, | ||||||
13 | 356z.53, 356z.54, 356z.55, 356z.56, 356z.57, 356z.59, and | ||||||
14 | 356z.60 of the
Illinois Insurance Code.
The program of health | ||||||
15 | benefits must comply with Sections 155.22a, 155.37, 355b, | ||||||
16 | 356z.19, 370c, and 370c.1 and Article XXXIIB of the
Illinois | ||||||
17 | Insurance Code. The program of health benefits shall provide | ||||||
18 | the coverage required under Section 356m of the Illinois | ||||||
19 | Insurance Code and, for the employees of the State Employee | ||||||
20 | Group Insurance Program only, the coverage as also provided in | ||||||
21 | Section 6.11B of this Act. The Department of Insurance shall | ||||||
22 | enforce the requirements of this Section with respect to | ||||||
23 | Sections 370c and 370c.1 of the Illinois Insurance Code; all | ||||||
24 | other requirements of this Section shall be enforced by the | ||||||
25 | Department of Central Management Services.
|
| |||||||
| |||||||
1 | Rulemaking authority to implement Public Act 95-1045, if | ||||||
2 | any, is conditioned on the rules being adopted in accordance | ||||||
3 | with all provisions of the Illinois Administrative Procedure | ||||||
4 | Act and all rules and procedures of the Joint Committee on | ||||||
5 | Administrative Rules; any purported rule not so adopted, for | ||||||
6 | whatever reason, is unauthorized. | ||||||
7 | (Source: P.A. 101-13, eff. 6-12-19; 101-281, eff. 1-1-20; | ||||||
8 | 101-393, eff. 1-1-20; 101-452, eff. 1-1-20; 101-461, eff. | ||||||
9 | 1-1-20; 101-625, eff. 1-1-21; 102-30, eff. 1-1-22; 102-103, | ||||||
10 | eff. 1-1-22; 102-203, eff. 1-1-22; 102-306, eff. 1-1-22; | ||||||
11 | 102-642, eff. 1-1-22; 102-665, eff. 10-8-21; 102-731, eff. | ||||||
12 | 1-1-23; 102-768, eff. 1-1-24; 102-804, eff. 1-1-23; 102-813, | ||||||
13 | eff. 5-13-22; 102-816, eff. 1-1-23; 102-860, eff. 1-1-23; | ||||||
14 | 102-1093, eff. 1-1-23; 102-1117, eff. 1-13-23.) | ||||||
15 | (5 ILCS 375/6.11B new) | ||||||
16 | Sec. 6.11B. Infertility coverage. | ||||||
17 | (a) Beginning on January 1, 2024, the State Employees | ||||||
18 | Group Insurance Program shall provide coverage for the | ||||||
19 | diagnosis and treatment of infertility, including, but not | ||||||
20 | limited to, in vitro fertilization, uterine embryo lavage, | ||||||
21 | embryo transfer, artificial insemination, gamete | ||||||
22 | intrafallopian tube transfer, zygote intrafallopian tube | ||||||
23 | transfer, and low tubal ovum transfer. The coverage required | ||||||
24 | shall include procedures necessary to screen or diagnose a | ||||||
25 | fertilized egg before implantation, including, but not limited |
| |||||||
| |||||||
1 | to, preimplantation genetic diagnosis, preimplantation genetic | ||||||
2 | screening, and prenatal genetic diagnosis. | ||||||
3 | (b) Beginning on January 1, 2024, coverage under this | ||||||
4 | Section for procedures for in vitro fertilization, gamete | ||||||
5 | intrafallopian tube transfer, or zygote intrafallopian tube | ||||||
6 | transfer shall be required only if the procedures: | ||||||
7 | (1) are considered medically appropriate based on | ||||||
8 | clinical guidelines or standards developed by the American | ||||||
9 | Society for Reproductive Medicine, the American College of | ||||||
10 | Obstetricians and Gynecologists, or the Society for | ||||||
11 | Assisted Reproductive Technology; and | ||||||
12 | (2) are performed at medical facilities or clinics | ||||||
13 | that conform to the American College of Obstetricians and | ||||||
14 | Gynecologists guidelines for in vitro fertilization or the | ||||||
15 | American Society for Reproductive Medicine minimum | ||||||
16 | standards for practices offering assisted reproductive | ||||||
17 | technologies. | ||||||
18 | (c) Beginning on January 1, 2024, coverage under this | ||||||
19 | Section for procedures for in vitro fertilization, gamete
| ||||||
20 | intrafallopian tube transfer, or zygote intrafallopian tube | ||||||
21 | transfer shall
be required only if: | ||||||
22 | (1) the covered individual has been unable to attain a | ||||||
23 | viable pregnancy, maintain a viable pregnancy, or sustain | ||||||
24 | a
successful pregnancy through reasonable, less costly | ||||||
25 | medically appropriate
infertility treatments for which | ||||||
26 | coverage is available under the policy,
plan, or contract; |
| |||||||
| |||||||
1 | (2) the covered individual has not undergone 4 | ||||||
2 | completed oocyte
retrievals, except that if a live birth | ||||||
3 | follows a completed oocyte
retrieval, then 2 more | ||||||
4 | completed oocyte retrievals shall be covered; and | ||||||
5 | (3) the procedures are performed at medical facilities | ||||||
6 | that conform to
the American College of Obstetric and | ||||||
7 | Gynecology guidelines for in vitro
fertilization clinics | ||||||
8 | or to the American Fertility Society minimal
standards for | ||||||
9 | programs of in vitro fertilization. | ||||||
10 | (d) As used in this Section, "infertility" means a | ||||||
11 | disease, condition, or status characterized by: | ||||||
12 | (1) a failure to establish a pregnancy or to carry a | ||||||
13 | pregnancy to live birth after 12 months of regular, | ||||||
14 | unprotected sexual intercourse if the woman is 35 years of | ||||||
15 | age or younger, or after 6 months of regular, unprotected | ||||||
16 | sexual intercourse if the woman is over 35 years of age; | ||||||
17 | conceiving but having a miscarriage does not restart the | ||||||
18 | 12-month or 6-month term for determining infertility; | ||||||
19 | (2) a person's inability to reproduce either as a | ||||||
20 | single individual or with a partner without medical | ||||||
21 | intervention; or | ||||||
22 | (3) a licensed physician's findings based on a | ||||||
23 | patient's medical, sexual, and reproductive history, age, | ||||||
24 | physical findings, or diagnostic testing. | ||||||
25 | (e) The State Employees Group Insurance Program may not | ||||||
26 | impose any exclusions, limitations, or other restrictions on |
| |||||||
| |||||||
1 | coverage of fertility medications that are different from | ||||||
2 | those imposed on any other prescription medications, nor may | ||||||
3 | it impose any exclusions, limitations, or other restrictions | ||||||
4 | on coverage of any fertility services based on a covered | ||||||
5 | individual's participation in fertility services provided by | ||||||
6 | or to a third party, nor may it impose deductibles, | ||||||
7 | copayments, coinsurance, benefit maximums, waiting periods, or | ||||||
8 | any other limitations on coverage for the diagnosis of | ||||||
9 | infertility, treatment for infertility, and standard fertility | ||||||
10 | preservation services, except as provided in this Section, | ||||||
11 | that are different from those imposed upon benefits for | ||||||
12 | services not related to infertility. | ||||||
13 | (5 ILCS 375/6.11C new) | ||||||
14 | Sec. 6.11C. Coverage for injectable medicines to improve | ||||||
15 | glucose or weight loss. Beginning on January 1, 2024, the | ||||||
16 | State Employees Group Insurance Program shall provide coverage | ||||||
17 | for all types of injectable medicines prescribed on-label or | ||||||
18 | off-label to improve glucose or weight loss for use by adults | ||||||
19 | diagnosed or previously diagnosed with prediabetes, | ||||||
20 | gestational diabetes, or obesity. To continue to qualify for | ||||||
21 | coverage under this Section, covered members must participate | ||||||
22 | in a lifestyle management plan administered by their health | ||||||
23 | plan. This Section does not apply to individuals covered by a | ||||||
24 | Medicare Advantage Prescription Drug Plan. |
| |||||||
| |||||||
1 | ARTICLE 100. | ||||||
2 | Section 100-5. The Counties Code is amended by changing | ||||||
3 | Section 3-4014 as follows: | ||||||
4 | (55 ILCS 5/3-4014) | ||||||
5 | Sec. 3-4014. Public Defender Fund defender grant program . | ||||||
6 | (a) (Blank). Subject to appropriation, the Administrative | ||||||
7 | Office of the Illinois Courts shall establish a grant
program | ||||||
8 | for counties with a population of 3,000,000 or less for the | ||||||
9 | purpose of training and hiring attorneys on contract to assist | ||||||
10 | the
county public defender in pretrial detention hearings. The | ||||||
11 | Administrative Office of the Illinois
Courts may establish, by | ||||||
12 | rule, administrative procedures for the grant program, | ||||||
13 | including application procedures and requirements concerning | ||||||
14 | grant agreements, certifications, payment methodologies, and | ||||||
15 | other
accountability measures that may be imposed upon | ||||||
16 | participants in the program. Emergency rules may be adopted to | ||||||
17 | implement the program in accordance with Section 5-45 of the | ||||||
18 | Illinois Administrative Procedure Act. | ||||||
19 | (b) The Public Defender Fund is created as a special fund | ||||||
20 | in the State treasury. All money in the Public Defender Fund | ||||||
21 | shall be used, subject to appropriation, by the Illinois | ||||||
22 | Supreme Court to provide funding to counties with a population | ||||||
23 | of 3,000,000 or less for public defenders and public defender | ||||||
24 | services pursuant to this Section 3-4014.
|
| |||||||
| |||||||
1 | (Source: P.A. 102-1104, eff. 12-6-22.) | ||||||
2 | ARTICLE 105. | ||||||
3 | Section 105-5. The School Code is amended by changing | ||||||
4 | Section 2-3.192 as follows: | ||||||
5 | (105 ILCS 5/2-3.192) | ||||||
6 | (Section scheduled to be repealed on July 1, 2023) | ||||||
7 | Sec. 2-3.192. Significant loss grant program. Subject to | ||||||
8 | specific State appropriation, the State Board shall make | ||||||
9 | Significant Loss Grants available to school districts that | ||||||
10 | meet all of the following requirements: | ||||||
11 | (1) The district has been affected by a recent | ||||||
12 | substantial loss of contributions from a single taxpayer | ||||||
13 | that resulted in either a significant loss of the overall | ||||||
14 | district Equalized Assessed Value or a significant loss in | ||||||
15 | property tax revenue from January 1, 2018 through the | ||||||
16 | effective date of this amendatory Act of the 102nd General | ||||||
17 | Assembly. | ||||||
18 | (2) The district's total equalized assessed value is | ||||||
19 | significantly derived from a single taxpayer. | ||||||
20 | (3) The district's administrative office is located in | ||||||
21 | a county with less than 30,000 inhabitants. | ||||||
22 | (4) The district has a total student enrollment of | ||||||
23 | less than 500 students as published on the most recent |
| |||||||
| |||||||
1 | Illinois School Report Card. | ||||||
2 | (5) The district has a low income concentration of at | ||||||
3 | least 45% as published on the most recent Illinois School | ||||||
4 | Report Card. | ||||||
5 | The Professional Review Panel shall make recommendations | ||||||
6 | to the State Board regarding grant eligibility and | ||||||
7 | allocations. The State Board shall determine grant eligibility | ||||||
8 | and allocations.
This Section is repealed on July 1, 2024 | ||||||
9 | 2023 .
| ||||||
10 | (Source: P.A. 102-699, eff. 4-19-22.) | ||||||
11 | ARTICLE 110. | ||||||
12 | Section 110-5. The Illinois Gambling Act is amended by | ||||||
13 | changing Section 13 as follows:
| ||||||
14 | (230 ILCS 10/13) (from Ch. 120, par. 2413)
| ||||||
15 | Sec. 13. Wagering tax; rate; distribution.
| ||||||
16 | (a) Until January 1, 1998, a tax is imposed on the adjusted | ||||||
17 | gross
receipts received from gambling games authorized under | ||||||
18 | this Act at the rate of
20%.
| ||||||
19 | (a-1) From January 1, 1998 until July 1, 2002, a privilege | ||||||
20 | tax is
imposed on persons engaged in the business of | ||||||
21 | conducting riverboat gambling
operations, based on the | ||||||
22 | adjusted gross receipts received by a licensed owner
from | ||||||
23 | gambling games authorized under this Act at the following |
| |||||||
| |||||||
1 | rates:
| ||||||
2 | 15% of annual adjusted gross receipts up to and | ||||||
3 | including $25,000,000;
| ||||||
4 | 20% of annual adjusted gross receipts in excess of | ||||||
5 | $25,000,000 but not
exceeding $50,000,000;
| ||||||
6 | 25% of annual adjusted gross receipts in excess of | ||||||
7 | $50,000,000 but not
exceeding $75,000,000;
| ||||||
8 | 30% of annual adjusted gross receipts in excess of | ||||||
9 | $75,000,000 but not
exceeding $100,000,000;
| ||||||
10 | 35% of annual adjusted gross receipts in excess of | ||||||
11 | $100,000,000.
| ||||||
12 | (a-2) From July 1, 2002 until July 1, 2003, a privilege tax | ||||||
13 | is imposed on
persons engaged in the business of conducting | ||||||
14 | riverboat gambling operations,
other than licensed managers | ||||||
15 | conducting riverboat gambling operations on behalf
of the | ||||||
16 | State, based on the adjusted gross receipts received by a | ||||||
17 | licensed
owner from gambling games authorized under this Act | ||||||
18 | at the following rates:
| ||||||
19 | 15% of annual adjusted gross receipts up to and | ||||||
20 | including $25,000,000;
| ||||||
21 | 22.5% of annual adjusted gross receipts in excess of | ||||||
22 | $25,000,000 but not
exceeding $50,000,000;
| ||||||
23 | 27.5% of annual adjusted gross receipts in excess of | ||||||
24 | $50,000,000 but not
exceeding $75,000,000;
| ||||||
25 | 32.5% of annual adjusted gross receipts in excess of | ||||||
26 | $75,000,000 but not
exceeding $100,000,000;
|
| |||||||
| |||||||
1 | 37.5% of annual adjusted gross receipts in excess of | ||||||
2 | $100,000,000 but not
exceeding $150,000,000;
| ||||||
3 | 45% of annual adjusted gross receipts in excess of | ||||||
4 | $150,000,000 but not
exceeding $200,000,000;
| ||||||
5 | 50% of annual adjusted gross receipts in excess of | ||||||
6 | $200,000,000.
| ||||||
7 | (a-3) Beginning July 1, 2003, a privilege tax is imposed | ||||||
8 | on persons engaged
in the business of conducting riverboat | ||||||
9 | gambling operations, other than
licensed managers conducting | ||||||
10 | riverboat gambling operations on behalf of the
State, based on | ||||||
11 | the adjusted gross receipts received by a licensed owner from
| ||||||
12 | gambling games authorized under this Act at the following | ||||||
13 | rates:
| ||||||
14 | 15% of annual adjusted gross receipts up to and | ||||||
15 | including $25,000,000;
| ||||||
16 | 27.5% of annual adjusted gross receipts in excess of | ||||||
17 | $25,000,000 but not
exceeding $37,500,000;
| ||||||
18 | 32.5% of annual adjusted gross receipts in excess of | ||||||
19 | $37,500,000 but not
exceeding $50,000,000;
| ||||||
20 | 37.5% of annual adjusted gross receipts in excess of | ||||||
21 | $50,000,000 but not
exceeding $75,000,000;
| ||||||
22 | 45% of annual adjusted gross receipts in excess of | ||||||
23 | $75,000,000 but not
exceeding $100,000,000;
| ||||||
24 | 50% of annual adjusted gross receipts in excess of | ||||||
25 | $100,000,000 but not
exceeding $250,000,000;
| ||||||
26 | 70% of annual adjusted gross receipts in excess of |
| |||||||
| |||||||
1 | $250,000,000.
| ||||||
2 | An amount equal to the amount of wagering taxes collected | ||||||
3 | under this
subsection (a-3) that are in addition to the amount | ||||||
4 | of wagering taxes that
would have been collected if the | ||||||
5 | wagering tax rates under subsection (a-2)
were in effect shall | ||||||
6 | be paid into the Common School Fund.
| ||||||
7 | The privilege tax imposed under this subsection (a-3) | ||||||
8 | shall no longer be
imposed beginning on the earlier of (i) July | ||||||
9 | 1, 2005; (ii) the first date
after June 20, 2003 that riverboat | ||||||
10 | gambling operations are conducted
pursuant to a dormant | ||||||
11 | license; or (iii) the first day that riverboat gambling
| ||||||
12 | operations are conducted under the authority of an owners | ||||||
13 | license that is in
addition to the 10 owners licenses | ||||||
14 | initially authorized under this Act.
For the purposes of this | ||||||
15 | subsection (a-3), the term "dormant license"
means an owners | ||||||
16 | license that is authorized by this Act under which no
| ||||||
17 | riverboat gambling operations are being conducted on June 20, | ||||||
18 | 2003.
| ||||||
19 | (a-4) Beginning on the first day on which the tax imposed | ||||||
20 | under
subsection (a-3) is no longer imposed and ending upon | ||||||
21 | the imposition of the privilege tax under subsection (a-5) of | ||||||
22 | this Section, a privilege tax is imposed on persons
engaged in | ||||||
23 | the business of conducting gambling operations, other
than | ||||||
24 | licensed managers conducting riverboat gambling operations on | ||||||
25 | behalf of
the State, based on the adjusted gross receipts | ||||||
26 | received by a licensed owner
from gambling games authorized |
| |||||||
| |||||||
1 | under this Act at the following rates:
| ||||||
2 | 15% of annual adjusted gross receipts up to and | ||||||
3 | including $25,000,000;
| ||||||
4 | 22.5% of annual adjusted gross receipts in excess of | ||||||
5 | $25,000,000 but not
exceeding $50,000,000;
| ||||||
6 | 27.5% of annual adjusted gross receipts in excess of | ||||||
7 | $50,000,000 but not
exceeding $75,000,000;
| ||||||
8 | 32.5% of annual adjusted gross receipts in excess of | ||||||
9 | $75,000,000 but not
exceeding $100,000,000;
| ||||||
10 | 37.5% of annual adjusted gross receipts in excess of | ||||||
11 | $100,000,000 but not
exceeding $150,000,000;
| ||||||
12 | 45% of annual adjusted gross receipts in excess of | ||||||
13 | $150,000,000 but not
exceeding $200,000,000;
| ||||||
14 | 50% of annual adjusted gross receipts in excess of | ||||||
15 | $200,000,000.
| ||||||
16 | For the imposition of the privilege tax in this subsection | ||||||
17 | (a-4), amounts paid pursuant to item (1) of subsection (b) of | ||||||
18 | Section 56 of the Illinois Horse Racing Act of 1975 shall not | ||||||
19 | be included in the determination of adjusted gross receipts. | ||||||
20 | (a-5)(1) Beginning on July 1, 2020, a privilege tax is | ||||||
21 | imposed on persons engaged in the business of conducting | ||||||
22 | gambling operations, other than the owners licensee under | ||||||
23 | paragraph (1) of subsection (e-5) of Section 7 and licensed | ||||||
24 | managers conducting riverboat gambling operations on behalf of | ||||||
25 | the State, based on the adjusted gross receipts received by | ||||||
26 | such licensee from the gambling games authorized under this |
| |||||||
| |||||||
1 | Act. The privilege tax for all gambling games other than table | ||||||
2 | games, including, but not limited to, slot machines, video | ||||||
3 | game of chance gambling, and electronic gambling games shall | ||||||
4 | be at the following rates: | ||||||
5 | 15% of annual adjusted gross receipts up to and | ||||||
6 | including $25,000,000; | ||||||
7 | 22.5% of annual adjusted gross receipts in excess of | ||||||
8 | $25,000,000 but not exceeding $50,000,000; | ||||||
9 | 27.5% of annual adjusted gross receipts in excess of | ||||||
10 | $50,000,000 but not exceeding $75,000,000; | ||||||
11 | 32.5% of annual adjusted gross receipts in excess of | ||||||
12 | $75,000,000 but not exceeding $100,000,000; | ||||||
13 | 37.5% of annual adjusted gross receipts in excess of | ||||||
14 | $100,000,000 but not exceeding $150,000,000; | ||||||
15 | 45% of annual adjusted gross receipts in excess of | ||||||
16 | $150,000,000 but not exceeding $200,000,000; | ||||||
17 | 50% of annual adjusted gross receipts in excess of | ||||||
18 | $200,000,000. | ||||||
19 | The privilege tax for table games shall be at the | ||||||
20 | following rates: | ||||||
21 | 15% of annual adjusted gross receipts up to and | ||||||
22 | including $25,000,000; | ||||||
23 | 20% of annual adjusted gross receipts in excess of | ||||||
24 | $25,000,000. | ||||||
25 | For the imposition of the privilege tax in this subsection | ||||||
26 | (a-5), amounts paid pursuant to item (1) of subsection (b) of |
| |||||||
| |||||||
1 | Section 56 of the Illinois Horse Racing Act of 1975 shall not | ||||||
2 | be included in the determination of adjusted gross receipts. | ||||||
3 | (2) Beginning on the first day that an owners licensee | ||||||
4 | under paragraph (1) of subsection (e-5) of Section 7 conducts | ||||||
5 | gambling operations, either in a temporary facility or a | ||||||
6 | permanent facility, a privilege tax is imposed on persons | ||||||
7 | engaged in the business of conducting gambling operations | ||||||
8 | under paragraph (1) of subsection (e-5) of Section 7, other | ||||||
9 | than licensed managers conducting riverboat gambling | ||||||
10 | operations on behalf of the State, based on the adjusted gross | ||||||
11 | receipts received by such licensee from the gambling games | ||||||
12 | authorized under this Act. The privilege tax for all gambling | ||||||
13 | games other than table games, including, but not limited to, | ||||||
14 | slot machines, video game of chance gambling, and electronic | ||||||
15 | gambling games shall be at the following rates: | ||||||
16 | 12% of annual adjusted gross receipts up to and
| ||||||
17 | including $25,000,000 to the State and 10.5% of annual | ||||||
18 | adjusted gross receipts up to and including $25,000,000 to | ||||||
19 | the City of Chicago; | ||||||
20 | 16% of annual adjusted gross receipts in excess of
| ||||||
21 | $25,000,000 but not exceeding $50,000,000 to the State and | ||||||
22 | 14% of annual adjusted gross receipts in excess of | ||||||
23 | $25,000,000 but not exceeding $50,000,000 to the City of | ||||||
24 | Chicago; | ||||||
25 | 20.1% of annual adjusted gross receipts in excess of
| ||||||
26 | $50,000,000 but not exceeding $75,000,000 to the State and |
| |||||||
| |||||||
1 | 17.4% of annual adjusted gross receipts in excess of | ||||||
2 | $50,000,000 but not exceeding $75,000,000 to the City of | ||||||
3 | Chicago; | ||||||
4 | 21.4% of annual adjusted gross receipts in excess of
| ||||||
5 | $75,000,000 but not exceeding $100,000,000 to the State | ||||||
6 | and 18.6% of annual adjusted gross receipts in excess of | ||||||
7 | $75,000,000 but not exceeding $100,000,000 to the City of | ||||||
8 | Chicago; | ||||||
9 | 22.7% of annual adjusted gross receipts in excess of
| ||||||
10 | $100,000,000 but not exceeding $150,000,000 to the State | ||||||
11 | and 19.8% of annual adjusted gross receipts in excess of | ||||||
12 | $100,000,000 but not exceeding $150,000,000 to the City of | ||||||
13 | Chicago; | ||||||
14 | 24.1% of annual adjusted gross receipts in excess of
| ||||||
15 | $150,000,000 but not exceeding $225,000,000 to the State | ||||||
16 | and 20.9% of annual adjusted gross receipts in excess of | ||||||
17 | $150,000,000 but not exceeding $225,000,000 to the City of | ||||||
18 | Chicago; | ||||||
19 | 26.8% of annual adjusted gross receipts in excess of
| ||||||
20 | $225,000,000 but not exceeding $1,000,000,000 to the State | ||||||
21 | and 23.2% of annual adjusted gross receipts in excess of | ||||||
22 | $225,000,000 but not exceeding $1,000,000,000 to the City | ||||||
23 | of Chicago; | ||||||
24 | 40% of annual adjusted gross receipts in excess of | ||||||
25 | $1,000,000,000 to the State and 34.7% of annual gross | ||||||
26 | receipts in excess of $1,000,000,000 to the City of |
| |||||||
| |||||||
1 | Chicago. | ||||||
2 | The privilege tax for table games shall be at the | ||||||
3 | following rates: | ||||||
4 | 8.1% of annual adjusted gross receipts up to and | ||||||
5 | including $25,000,000 to the State and 6.9% of annual | ||||||
6 | adjusted gross receipts up to and including $25,000,000 to | ||||||
7 | the City of Chicago; | ||||||
8 | 10.7% of annual adjusted gross receipts in excess of | ||||||
9 | $25,000,000 but not exceeding $75,000,000 to the State and | ||||||
10 | 9.3% of annual adjusted gross receipts in excess of | ||||||
11 | $25,000,000 but not exceeding $75,000,000 to the City of | ||||||
12 | Chicago; | ||||||
13 | 11.2% of annual adjusted gross receipts in excess of | ||||||
14 | $75,000,000 but not exceeding $175,000,000 to the State | ||||||
15 | and 9.8% of annual adjusted gross receipts in excess of | ||||||
16 | $75,000,000 but not exceeding $175,000,000 to the City of | ||||||
17 | Chicago; | ||||||
18 | 13.5% of annual adjusted gross receipts in excess of | ||||||
19 | $175,000,000 but not exceeding $225,000,000 to the State | ||||||
20 | and 11.5% of annual adjusted gross receipts in excess of | ||||||
21 | $175,000,000 but not exceeding $225,000,000 to the City of | ||||||
22 | Chicago; | ||||||
23 | 15.1% of annual adjusted gross receipts in excess of | ||||||
24 | $225,000,000 but not exceeding $275,000,000 to the State | ||||||
25 | and 12.9% of annual adjusted gross receipts in excess of | ||||||
26 | $225,000,000 but not exceeding $275,000,000 to the City of |
| |||||||
| |||||||
1 | Chicago; | ||||||
2 | 16.2% of annual adjusted gross receipts in excess of | ||||||
3 | $275,000,000 but not exceeding $375,000,000 to the State | ||||||
4 | and 13.8% of annual adjusted gross receipts in excess of | ||||||
5 | $275,000,000 but not exceeding $375,000,000 to the City of | ||||||
6 | Chicago; | ||||||
7 | 18.9% of annual adjusted gross receipts in excess of | ||||||
8 | $375,000,000 to the State and 16.1% of annual gross | ||||||
9 | receipts in excess of $375,000,000 to the City of Chicago. | ||||||
10 | For the imposition of the privilege tax in this subsection | ||||||
11 | (a-5), amounts paid pursuant to item (1) of subsection (b) of | ||||||
12 | Section 56 of the Illinois Horse Racing Act of 1975 shall not | ||||||
13 | be included in the determination of adjusted gross receipts. | ||||||
14 | (3) Notwithstanding the provisions of this subsection | ||||||
15 | (a-5), for the first 10 years that the privilege tax is imposed | ||||||
16 | under this subsection (a-5) or until the year preceding the | ||||||
17 | calendar year in which paragraph (4) becomes operative, | ||||||
18 | whichever occurs first , the privilege tax shall be imposed on | ||||||
19 | the modified annual adjusted gross receipts of a riverboat or | ||||||
20 | casino conducting gambling operations in the City of East St. | ||||||
21 | Louis, unless: | ||||||
22 | (1) the riverboat or casino fails to employ at least | ||||||
23 | 450 people, except no minimum employment shall be required | ||||||
24 | during 2020 and 2021 or during periods that the riverboat | ||||||
25 | or casino is closed on orders of State officials for | ||||||
26 | public health emergencies or other emergencies not caused |
| |||||||
| |||||||
1 | by the riverboat or casino; | ||||||
2 | (2) the riverboat or casino fails to maintain | ||||||
3 | operations in a manner consistent with this Act or is not a | ||||||
4 | viable riverboat or casino subject to the approval of the | ||||||
5 | Board; or | ||||||
6 | (3) the owners licensee is not an entity in which | ||||||
7 | employees participate in an employee stock ownership plan | ||||||
8 | or in which the owners licensee sponsors a 401(k) | ||||||
9 | retirement plan and makes a matching employer contribution | ||||||
10 | equal to at least one-quarter of the first 12% or one-half | ||||||
11 | of the first 6% of each participating employee's | ||||||
12 | contribution, not to exceed any limitations under federal | ||||||
13 | laws and regulations. | ||||||
14 | (4) Notwithstanding the provisions of this subsection | ||||||
15 | (a-5), for 10 calendar years beginning in the year that | ||||||
16 | gambling operations commence either in a temporary or | ||||||
17 | permanent facility at an organization gaming facility located | ||||||
18 | in the City of Collinsville if the facility commences | ||||||
19 | operations within 3 years of the effective date of this | ||||||
20 | amendatory Act of the 103rd General Assembly, the privilege | ||||||
21 | tax imposed under this subsection (a-5) on a riverboat or | ||||||
22 | casino conducting gambling operations in the City of East St. | ||||||
23 | Louis shall be reduced, if applicable, by an amount equal to | ||||||
24 | the difference in adjusted gross receipts for the 2022 | ||||||
25 | calendar year less the current year's adjusted gross receipts, | ||||||
26 | unless: |
| |||||||
| |||||||
1 | (A) the riverboat or casino fails to employ at least | ||||||
2 | 350 people, except that no minimum employment shall be | ||||||
3 | required during periods that the riverboat or casino is | ||||||
4 | closed on orders of State officials for public health | ||||||
5 | emergencies or other emergencies not caused by the | ||||||
6 | riverboat or casino; | ||||||
7 | (B) the riverboat or casino fails to maintain | ||||||
8 | operations in a manner consistent with this Act or is not a | ||||||
9 | viable riverboat or casino subject to the approval of the | ||||||
10 | Board; or | ||||||
11 | (C) the riverboat or casino fails to submit audited | ||||||
12 | financial statements to the Board prepared by an | ||||||
13 | accounting firm that has been preapproved by the Board and | ||||||
14 | such statements were prepared in accordance with the | ||||||
15 | provisions of the Financial Accounting Standards Board | ||||||
16 | Accounting Standards Codification under nongovernmental | ||||||
17 | accounting principles generally accepted in the United | ||||||
18 | States. | ||||||
19 | As used in this subsection (a-5), "modified annual | ||||||
20 | adjusted gross receipts" means: | ||||||
21 | (A) for calendar year 2020, the annual adjusted gross | ||||||
22 | receipts for the current year minus the difference between | ||||||
23 | an amount equal to the average annual adjusted gross | ||||||
24 | receipts from a riverboat or casino conducting gambling | ||||||
25 | operations in the City of East St. Louis for 2014, 2015, | ||||||
26 | 2016, 2017, and 2018 and the annual adjusted gross |
| |||||||
| |||||||
1 | receipts for 2018; | ||||||
2 | (B) for calendar year 2021, the annual adjusted gross | ||||||
3 | receipts for the current year minus the difference between | ||||||
4 | an amount equal to the average annual adjusted gross | ||||||
5 | receipts from a riverboat or casino conducting gambling | ||||||
6 | operations in the City of East St. Louis for 2014, 2015, | ||||||
7 | 2016, 2017, and 2018 and the annual adjusted gross | ||||||
8 | receipts for 2019; and | ||||||
9 | (C) for calendar years 2022 through 2029, the annual | ||||||
10 | adjusted gross receipts for the current year minus the | ||||||
11 | difference between an amount equal to the average annual | ||||||
12 | adjusted gross receipts from a riverboat or casino | ||||||
13 | conducting gambling operations in the City of East St. | ||||||
14 | Louis for 3 years preceding the current year and the | ||||||
15 | annual adjusted gross receipts for the immediately | ||||||
16 | preceding year. | ||||||
17 | (a-6) From June 28, 2019 (the effective date of Public Act | ||||||
18 | 101-31) until June 30, 2023, an owners licensee that conducted | ||||||
19 | gambling operations prior to January 1, 2011 shall receive a | ||||||
20 | dollar-for-dollar credit against the tax imposed under this | ||||||
21 | Section for any renovation or construction costs paid by the | ||||||
22 | owners licensee, but in no event shall the credit exceed | ||||||
23 | $2,000,000. | ||||||
24 | Additionally, from June 28, 2019 (the effective date of | ||||||
25 | Public Act 101-31) until December 31, 2024, an owners licensee | ||||||
26 | that (i) is located within 15 miles of the Missouri border, and |
| |||||||
| |||||||
1 | (ii) has at least 3 riverboats, casinos, or their equivalent | ||||||
2 | within a 45-mile radius, may be authorized to relocate to a new | ||||||
3 | location with the approval of both the unit of local | ||||||
4 | government designated as the home dock and the Board, so long | ||||||
5 | as the new location is within the same unit of local government | ||||||
6 | and no more than 3 miles away from its original location. Such | ||||||
7 | owners licensee shall receive a credit against the tax imposed | ||||||
8 | under this Section equal to 8% of the total project costs, as | ||||||
9 | approved by the Board, for any renovation or construction | ||||||
10 | costs paid by the owners licensee for the construction of the | ||||||
11 | new facility, provided that the new facility is operational by | ||||||
12 | July 1, 2024. In determining whether or not to approve a | ||||||
13 | relocation, the Board must consider the extent to which the | ||||||
14 | relocation will diminish the gaming revenues received by other | ||||||
15 | Illinois gaming facilities. | ||||||
16 | (a-7) Beginning in the initial adjustment year and through | ||||||
17 | the final adjustment year, if the total obligation imposed | ||||||
18 | pursuant to either subsection (a-5) or (a-6) will result in an | ||||||
19 | owners licensee receiving less after-tax adjusted gross | ||||||
20 | receipts than it received in calendar year 2018, then the | ||||||
21 | total amount of privilege taxes that the owners licensee is | ||||||
22 | required to pay for that calendar year shall be reduced to the | ||||||
23 | extent necessary so that the after-tax adjusted gross receipts | ||||||
24 | in that calendar year equals the after-tax adjusted gross | ||||||
25 | receipts in calendar year 2018, but the privilege tax | ||||||
26 | reduction shall not exceed the annual adjustment cap. If |
| |||||||
| |||||||
1 | pursuant to this subsection (a-7), the total obligation | ||||||
2 | imposed pursuant to either subsection (a-5) or (a-6) shall be | ||||||
3 | reduced, then the owners licensee shall not receive a refund | ||||||
4 | from the State at the end of the subject calendar year but | ||||||
5 | instead shall be able to apply that amount as a credit against | ||||||
6 | any payments it owes to the State in the following calendar | ||||||
7 | year to satisfy its total obligation under either subsection | ||||||
8 | (a-5) or (a-6). The credit for the final adjustment year shall | ||||||
9 | occur in the calendar year following the final adjustment | ||||||
10 | year. | ||||||
11 | If an owners licensee that conducted gambling operations | ||||||
12 | prior to January 1, 2019 expands its riverboat or casino, | ||||||
13 | including, but not limited to, with respect to its gaming | ||||||
14 | floor, additional non-gaming amenities such as restaurants, | ||||||
15 | bars, and hotels and other additional facilities, and incurs | ||||||
16 | construction and other costs related to such expansion from | ||||||
17 | June 28, 2019 (the effective date of Public Act 101-31) until | ||||||
18 | June 28, 2024 (the 5th anniversary of the effective date of | ||||||
19 | Public Act 101-31), then for each $15,000,000 spent for any | ||||||
20 | such construction or other costs related to expansion paid by | ||||||
21 | the owners licensee, the final adjustment year shall be | ||||||
22 | extended by one year and the annual adjustment cap shall | ||||||
23 | increase by 0.2% of adjusted gross receipts during each | ||||||
24 | calendar year until and including the final adjustment year. | ||||||
25 | No further modifications to the final adjustment year or | ||||||
26 | annual adjustment cap shall be made after $75,000,000 is |
| |||||||
| |||||||
1 | incurred in construction or other costs related to expansion | ||||||
2 | so that the final adjustment year shall not extend beyond the | ||||||
3 | 9th calendar year after the initial adjustment year, not | ||||||
4 | including the initial adjustment year, and the annual | ||||||
5 | adjustment cap shall not exceed 4% of adjusted gross receipts | ||||||
6 | in a particular calendar year. Construction and other costs | ||||||
7 | related to expansion shall include all project related costs, | ||||||
8 | including, but not limited to, all hard and soft costs, | ||||||
9 | financing costs, on or off-site ground, road or utility work, | ||||||
10 | cost of gaming equipment and all other personal property, | ||||||
11 | initial fees assessed for each incremental gaming position, | ||||||
12 | and the cost of incremental land acquired for such expansion. | ||||||
13 | Soft costs shall include, but not be limited to, legal fees, | ||||||
14 | architect, engineering and design costs, other consultant | ||||||
15 | costs, insurance cost, permitting costs, and pre-opening costs | ||||||
16 | related to the expansion, including, but not limited to, any | ||||||
17 | of the following: marketing, real estate taxes, personnel, | ||||||
18 | training, travel and out-of-pocket expenses, supply, | ||||||
19 | inventory, and other costs, and any other project related soft | ||||||
20 | costs. | ||||||
21 | To be eligible for the tax credits in subsection (a-6), | ||||||
22 | all construction contracts shall include a requirement that | ||||||
23 | the contractor enter into a project labor agreement with the | ||||||
24 | building and construction trades council with geographic | ||||||
25 | jurisdiction of the location of the proposed gaming facility. | ||||||
26 | Notwithstanding any other provision of this subsection |
| |||||||
| |||||||
1 | (a-7), this subsection (a-7) does not apply to an owners | ||||||
2 | licensee unless such owners licensee spends at least | ||||||
3 | $15,000,000 on construction and other costs related to its | ||||||
4 | expansion, excluding the initial fees assessed for each | ||||||
5 | incremental gaming position. | ||||||
6 | This subsection (a-7) does not apply to owners licensees
| ||||||
7 | authorized pursuant to subsection (e-5) of Section 7 of this
| ||||||
8 | Act. | ||||||
9 | For purposes of this subsection (a-7): | ||||||
10 | "Building and construction trades council" means any | ||||||
11 | organization representing multiple construction entities that | ||||||
12 | are monitoring or attentive to compliance with public or | ||||||
13 | workers' safety laws, wage and hour requirements, or other | ||||||
14 | statutory requirements or that are making or maintaining | ||||||
15 | collective bargaining agreements. | ||||||
16 | "Initial adjustment year" means the year commencing on | ||||||
17 | January 1 of the calendar year immediately following the | ||||||
18 | earlier of the following: | ||||||
19 | (1) the commencement of gambling operations, either in | ||||||
20 | a temporary or permanent facility, with respect to the | ||||||
21 | owners license authorized under paragraph (1) of | ||||||
22 | subsection (e-5) of Section 7 of this Act; or | ||||||
23 | (2) June 28, 2021 (24 months after the effective date | ||||||
24 | of Public Act 101-31); | ||||||
25 | provided the initial adjustment year shall not commence | ||||||
26 | earlier than June 28, 2020 (12 months after the effective date |
| |||||||
| |||||||
1 | of Public Act 101-31). | ||||||
2 | "Final adjustment year" means the 2nd calendar year after | ||||||
3 | the initial adjustment year, not including the initial | ||||||
4 | adjustment year, and as may be extended further as described | ||||||
5 | in this subsection (a-7). | ||||||
6 | "Annual adjustment cap" means 3% of adjusted gross | ||||||
7 | receipts in a particular calendar year, and as may be | ||||||
8 | increased further as otherwise described in this subsection | ||||||
9 | (a-7). | ||||||
10 | (a-8) Riverboat gambling operations conducted by a | ||||||
11 | licensed manager on
behalf of the State are not subject to the | ||||||
12 | tax imposed under this Section.
| ||||||
13 | (a-9) Beginning on January 1, 2020, the calculation of | ||||||
14 | gross receipts or adjusted gross receipts, for the purposes of | ||||||
15 | this Section, for a riverboat, a casino, or an organization | ||||||
16 | gaming facility shall not include the dollar amount of | ||||||
17 | non-cashable vouchers, coupons, and electronic promotions | ||||||
18 | redeemed by wagerers upon the riverboat, in the casino, or in | ||||||
19 | the organization gaming facility up to and including an amount | ||||||
20 | not to exceed 20% of a riverboat's, a casino's, or an | ||||||
21 | organization gaming facility's adjusted gross receipts. | ||||||
22 | The Illinois Gaming Board shall submit to the General | ||||||
23 | Assembly a comprehensive report no later than March 31, 2023 | ||||||
24 | detailing, at a minimum, the effect of removing non-cashable | ||||||
25 | vouchers, coupons, and electronic promotions from this | ||||||
26 | calculation on net gaming revenues to the State in calendar |
| |||||||
| |||||||
1 | years 2020 through 2022, the increase or reduction in wagerers | ||||||
2 | as a result of removing non-cashable vouchers, coupons, and | ||||||
3 | electronic promotions from this calculation, the effect of the | ||||||
4 | tax rates in subsection (a-5) on net gaming revenues to this | ||||||
5 | State, and proposed modifications to the calculation. | ||||||
6 | (a-10) The taxes imposed by this Section shall be paid by | ||||||
7 | the licensed
owner or the organization gaming licensee to the | ||||||
8 | Board not later than 5:00 o'clock p.m. of the day after the day
| ||||||
9 | when the wagers were made.
| ||||||
10 | (a-15) If the privilege tax imposed under subsection (a-3) | ||||||
11 | is no longer imposed pursuant to item (i) of the last paragraph | ||||||
12 | of subsection (a-3), then by June 15 of each year, each owners | ||||||
13 | licensee, other than an owners licensee that admitted | ||||||
14 | 1,000,000 persons or
fewer in calendar year 2004, must, in | ||||||
15 | addition to the payment of all amounts otherwise due under | ||||||
16 | this Section, pay to the Board a reconciliation payment in the | ||||||
17 | amount, if any, by which the licensed owner's base amount | ||||||
18 | exceeds the amount of net privilege tax paid by the licensed | ||||||
19 | owner to the Board in the then current State fiscal year. A | ||||||
20 | licensed owner's net privilege tax obligation due for the | ||||||
21 | balance of the State fiscal year shall be reduced up to the | ||||||
22 | total of the amount paid by the licensed owner in its June 15 | ||||||
23 | reconciliation payment. The obligation imposed by this | ||||||
24 | subsection (a-15) is binding on any person, firm, corporation, | ||||||
25 | or other entity that acquires an ownership interest in any | ||||||
26 | such owners license. The obligation imposed under this |
| |||||||
| |||||||
1 | subsection (a-15) terminates on the earliest of: (i) July 1, | ||||||
2 | 2007, (ii) the first day after August 23, 2005 (the effective | ||||||
3 | date of Public Act 94-673) that riverboat gambling operations | ||||||
4 | are conducted pursuant to a dormant license, (iii) the first | ||||||
5 | day that riverboat gambling operations are conducted under the | ||||||
6 | authority of an owners license that is in addition to the 10 | ||||||
7 | owners licenses initially authorized under this Act, or (iv) | ||||||
8 | the first day that a licensee under the Illinois Horse Racing | ||||||
9 | Act of 1975 conducts gaming operations with slot machines or | ||||||
10 | other electronic gaming devices. The Board must reduce the | ||||||
11 | obligation imposed under this subsection (a-15) by an amount | ||||||
12 | the Board deems reasonable for any of the following reasons: | ||||||
13 | (A) an act or acts of God, (B) an act of bioterrorism or | ||||||
14 | terrorism or a bioterrorism or terrorism threat that was | ||||||
15 | investigated by a law enforcement agency, or (C) a condition | ||||||
16 | beyond the control of the owners licensee that does not result | ||||||
17 | from any act or omission by the owners licensee or any of its | ||||||
18 | agents and that poses a hazardous threat to the health and | ||||||
19 | safety of patrons. If an owners licensee pays an amount in | ||||||
20 | excess of its liability under this Section, the Board shall | ||||||
21 | apply the overpayment to future payments required under this | ||||||
22 | Section. | ||||||
23 | For purposes of this subsection (a-15): | ||||||
24 | "Act of God" means an incident caused by the operation of | ||||||
25 | an extraordinary force that cannot be foreseen, that cannot be | ||||||
26 | avoided by the exercise of due care, and for which no person |
| |||||||
| |||||||
1 | can be held liable.
| ||||||
2 | "Base amount" means the following: | ||||||
3 | For a riverboat in Alton, $31,000,000.
| ||||||
4 | For a riverboat in East Peoria, $43,000,000.
| ||||||
5 | For the Empress riverboat in Joliet, $86,000,000.
| ||||||
6 | For a riverboat in Metropolis, $45,000,000.
| ||||||
7 | For the Harrah's riverboat in Joliet, $114,000,000.
| ||||||
8 | For a riverboat in Aurora, $86,000,000.
| ||||||
9 | For a riverboat in East St. Louis, $48,500,000.
| ||||||
10 | For a riverboat in Elgin, $198,000,000.
| ||||||
11 | "Dormant license" has the meaning ascribed to it in | ||||||
12 | subsection (a-3).
| ||||||
13 | "Net privilege tax" means all privilege taxes paid by a | ||||||
14 | licensed owner to the Board under this Section, less all | ||||||
15 | payments made from the State Gaming Fund pursuant to | ||||||
16 | subsection (b) of this Section. | ||||||
17 | The changes made to this subsection (a-15) by Public Act | ||||||
18 | 94-839 are intended to restate and clarify the intent of | ||||||
19 | Public Act 94-673 with respect to the amount of the payments | ||||||
20 | required to be made under this subsection by an owners | ||||||
21 | licensee to the Board.
| ||||||
22 | (b) From the tax revenue from riverboat or casino gambling
| ||||||
23 | deposited in the State Gaming Fund under this Section, an | ||||||
24 | amount equal to 5% of
adjusted gross receipts generated by a | ||||||
25 | riverboat or a casino, other than a riverboat or casino | ||||||
26 | designated in paragraph (1), (3), or (4) of subsection (e-5) |
| |||||||
| |||||||
1 | of Section 7, shall be paid monthly, subject
to appropriation | ||||||
2 | by the General Assembly, to the unit of local government in | ||||||
3 | which the casino is located or that
is designated as the home | ||||||
4 | dock of the riverboat. Notwithstanding anything to the | ||||||
5 | contrary, beginning on the first day that an owners licensee | ||||||
6 | under paragraph (1), (2), (3), (4), (5), or (6) of subsection | ||||||
7 | (e-5) of Section 7 conducts gambling operations, either in a | ||||||
8 | temporary facility or a permanent facility, and for 2 years | ||||||
9 | thereafter, a unit of local government designated as the home | ||||||
10 | dock of a riverboat whose license was issued before January 1, | ||||||
11 | 2019, other than a riverboat conducting gambling operations in | ||||||
12 | the City of East St. Louis, shall not receive less under this | ||||||
13 | subsection (b) than the amount the unit of local government | ||||||
14 | received under this subsection (b) in calendar year 2018. | ||||||
15 | Notwithstanding anything to the contrary and because the City | ||||||
16 | of East St. Louis is a financially distressed city, beginning | ||||||
17 | on the first day that an owners licensee under paragraph (1), | ||||||
18 | (2), (3), (4), (5), or (6) of subsection (e-5) of Section 7 | ||||||
19 | conducts gambling operations, either in a temporary facility | ||||||
20 | or a permanent facility, and for 10 years thereafter, a unit of | ||||||
21 | local government designated as the home dock of a riverboat | ||||||
22 | conducting gambling operations in the City of East St. Louis | ||||||
23 | shall not receive less under this subsection (b) than the | ||||||
24 | amount the unit of local government received under this | ||||||
25 | subsection (b) in calendar year 2018. | ||||||
26 | From the tax revenue
deposited in the State Gaming Fund |
| |||||||
| |||||||
1 | pursuant to riverboat or casino gambling operations
conducted | ||||||
2 | by a licensed manager on behalf of the State, an amount equal | ||||||
3 | to 5%
of adjusted gross receipts generated pursuant to those | ||||||
4 | riverboat or casino gambling
operations shall be paid monthly,
| ||||||
5 | subject to appropriation by the General Assembly, to the unit | ||||||
6 | of local
government that is designated as the home dock of the | ||||||
7 | riverboat upon which
those riverboat gambling operations are | ||||||
8 | conducted or in which the casino is located. | ||||||
9 | From the tax revenue from riverboat or casino gambling | ||||||
10 | deposited in the State Gaming Fund under this Section, an | ||||||
11 | amount equal to 5% of the adjusted gross receipts generated by | ||||||
12 | a riverboat designated in paragraph (3) of subsection (e-5) of | ||||||
13 | Section 7 shall be divided and remitted monthly, subject to | ||||||
14 | appropriation, as follows: 70% to Waukegan, 10% to Park City, | ||||||
15 | 15% to North Chicago, and 5% to Lake County. | ||||||
16 | From the tax revenue from riverboat or casino gambling | ||||||
17 | deposited in the State Gaming Fund under this Section, an | ||||||
18 | amount equal to 5% of the adjusted gross receipts generated by | ||||||
19 | a riverboat designated in paragraph (4) of subsection (e-5) of | ||||||
20 | Section 7 shall be remitted monthly, subject to appropriation, | ||||||
21 | as follows: 70% to the City of Rockford, 5% to the City of | ||||||
22 | Loves Park, 5% to the Village of Machesney, and 20% to | ||||||
23 | Winnebago County. | ||||||
24 | From the tax revenue from riverboat or casino gambling | ||||||
25 | deposited in the State Gaming Fund under this Section, an | ||||||
26 | amount equal to 5% of the adjusted gross receipts generated by |
| |||||||
| |||||||
1 | a riverboat designated in paragraph (5) of subsection (e-5) of | ||||||
2 | Section 7 shall be remitted monthly, subject to appropriation, | ||||||
3 | as follows: 2% to the unit of local government in which the | ||||||
4 | riverboat or casino is located, and 3% shall be distributed: | ||||||
5 | (A) in accordance with a regional capital development plan | ||||||
6 | entered into by the following communities: Village of Beecher, | ||||||
7 | City of Blue Island, Village of Burnham, City of Calumet City, | ||||||
8 | Village of Calumet Park, City of Chicago Heights, City of | ||||||
9 | Country Club Hills, Village of Crestwood, Village of Crete, | ||||||
10 | Village of Dixmoor, Village of Dolton, Village of East Hazel | ||||||
11 | Crest, Village of Flossmoor, Village of Ford Heights, Village | ||||||
12 | of Glenwood, City of Harvey, Village of Hazel Crest, Village | ||||||
13 | of Homewood, Village of Lansing, Village of Lynwood, City of | ||||||
14 | Markham, Village of Matteson, Village of Midlothian, Village | ||||||
15 | of Monee, City of Oak Forest, Village of Olympia Fields, | ||||||
16 | Village of Orland Hills, Village of Orland Park, City of Palos | ||||||
17 | Heights, Village of Park Forest, Village of Phoenix, Village | ||||||
18 | of Posen, Village of Richton Park, Village of Riverdale, | ||||||
19 | Village of Robbins, Village of Sauk Village, Village of South | ||||||
20 | Chicago Heights, Village of South Holland, Village of Steger, | ||||||
21 | Village of Thornton, Village of Tinley Park, Village of | ||||||
22 | University Park, and Village of Worth; or (B) if no regional | ||||||
23 | capital development plan exists, equally among the communities | ||||||
24 | listed in item (A) to be used for capital expenditures or | ||||||
25 | public pension payments, or both. | ||||||
26 | Units of local government may refund any portion of the |
| |||||||
| |||||||
1 | payment that they receive pursuant to this subsection (b) to | ||||||
2 | the riverboat or casino.
| ||||||
3 | (b-4) Beginning on the first day the licensee under | ||||||
4 | paragraph (5) of subsection (e-5) of Section 7 conducts | ||||||
5 | gambling operations, either in a temporary facility or a | ||||||
6 | permanent facility, and ending on July 31, 2042, from the tax | ||||||
7 | revenue deposited in the State Gaming Fund under this Section, | ||||||
8 | $5,000,000 shall be paid annually, subject
to appropriation, | ||||||
9 | to the host municipality of that owners licensee of a license | ||||||
10 | issued or re-issued pursuant to Section
7.1 of this Act before | ||||||
11 | January 1, 2012. Payments received by the host municipality | ||||||
12 | pursuant to this subsection (b-4) may not be shared with any | ||||||
13 | other unit of local government. | ||||||
14 | (b-5) Beginning on June 28, 2019 (the effective date of | ||||||
15 | Public Act 101-31), from the tax revenue
deposited in the | ||||||
16 | State Gaming Fund under this Section, an amount equal to 3% of
| ||||||
17 | adjusted gross receipts generated by each organization gaming | ||||||
18 | facility located outside Madison County shall be paid monthly, | ||||||
19 | subject
to appropriation by the General Assembly, to a | ||||||
20 | municipality other than the Village of Stickney in which each | ||||||
21 | organization gaming facility is located or, if the | ||||||
22 | organization gaming facility is not located within a | ||||||
23 | municipality, to the county in which the organization gaming | ||||||
24 | facility is located, except as otherwise provided in this | ||||||
25 | Section. From the tax revenue deposited in the State Gaming | ||||||
26 | Fund under this Section, an amount equal to 3% of adjusted |
| |||||||
| |||||||
1 | gross receipts generated by an organization gaming facility | ||||||
2 | located in the Village of Stickney shall be paid monthly, | ||||||
3 | subject to appropriation by the General Assembly, as follows: | ||||||
4 | 25% to the Village of Stickney, 5% to the City of Berwyn, 50% | ||||||
5 | to the Town of Cicero, and 20% to the Stickney Public Health | ||||||
6 | District. | ||||||
7 | From the tax revenue deposited in the State Gaming Fund | ||||||
8 | under this Section, an amount equal to 5% of adjusted gross | ||||||
9 | receipts generated by an organization gaming facility located | ||||||
10 | in the City of Collinsville shall be paid monthly, subject to | ||||||
11 | appropriation by the General Assembly, as follows: 30% to the | ||||||
12 | City of Alton, 30% to the City of East St. Louis, and 40% to | ||||||
13 | the City of Collinsville. | ||||||
14 | Municipalities and counties may refund any portion of the | ||||||
15 | payment that they receive pursuant to this subsection (b-5) to | ||||||
16 | the organization gaming facility. | ||||||
17 | (b-6) Beginning on June 28, 2019 (the effective date of | ||||||
18 | Public Act 101-31), from the tax revenue deposited in the | ||||||
19 | State Gaming Fund under this Section, an amount equal to 2% of | ||||||
20 | adjusted gross receipts generated by an organization gaming | ||||||
21 | facility located outside Madison County shall be paid monthly, | ||||||
22 | subject to appropriation by the General Assembly, to the | ||||||
23 | county in which the organization gaming facility is located | ||||||
24 | for the purposes of its criminal justice system or health care | ||||||
25 | system. | ||||||
26 | Counties may refund any portion of the payment that they |
| |||||||
| |||||||
1 | receive pursuant to this subsection (b-6) to the organization | ||||||
2 | gaming facility. | ||||||
3 | (b-7) From the tax revenue from the organization gaming | ||||||
4 | licensee located in one of the following townships of Cook | ||||||
5 | County: Bloom, Bremen, Calumet, Orland, Rich, Thornton, or | ||||||
6 | Worth, an amount equal to 5% of the adjusted gross receipts | ||||||
7 | generated by that organization gaming licensee shall be | ||||||
8 | remitted monthly, subject to appropriation, as follows: 2% to | ||||||
9 | the unit of local government in which the organization gaming | ||||||
10 | licensee is located, and 3% shall be distributed: (A) in | ||||||
11 | accordance with a regional capital development plan entered | ||||||
12 | into by the following communities: Village of Beecher, City of | ||||||
13 | Blue Island, Village of Burnham, City of Calumet City, Village | ||||||
14 | of Calumet Park, City of Chicago Heights, City of Country Club | ||||||
15 | Hills, Village of Crestwood, Village of Crete, Village of | ||||||
16 | Dixmoor, Village of Dolton, Village of East Hazel Crest, | ||||||
17 | Village of Flossmoor, Village of Ford Heights, Village of | ||||||
18 | Glenwood, City of Harvey, Village of Hazel Crest, Village of | ||||||
19 | Homewood, Village of Lansing, Village of Lynwood, City of | ||||||
20 | Markham, Village of Matteson, Village of Midlothian, Village | ||||||
21 | of Monee, City of Oak Forest, Village of Olympia Fields, | ||||||
22 | Village of Orland Hills, Village of Orland Park, City of Palos | ||||||
23 | Heights, Village of Park Forest, Village of Phoenix, Village | ||||||
24 | of Posen, Village of Richton Park, Village of Riverdale, | ||||||
25 | Village of Robbins, Village of Sauk Village, Village of South | ||||||
26 | Chicago Heights, Village of South Holland, Village of Steger, |
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| |||||||
1 | Village of Thornton, Village of Tinley Park, Village of | ||||||
2 | University Park, and Village of Worth; or (B) if no regional | ||||||
3 | capital development plan exists, equally among the communities | ||||||
4 | listed in item (A) to be used for capital expenditures or | ||||||
5 | public pension payments, or both. | ||||||
6 | (b-8) In lieu of the payments under subsection (b) of this | ||||||
7 | Section, from the tax revenue deposited in the State Gaming
| ||||||
8 | Fund pursuant to riverboat or casino gambling operations | ||||||
9 | conducted by an owners licensee
under paragraph (1) of | ||||||
10 | subsection (e-5) of Section 7, an amount equal to the tax | ||||||
11 | revenue
generated from the privilege tax imposed by paragraph | ||||||
12 | (2) of subsection (a-5) that is to be
paid to the City of | ||||||
13 | Chicago shall be paid monthly, subject
to appropriation by the | ||||||
14 | General Assembly, as follows: (1) an amount equal to 0.5% of | ||||||
15 | the annual adjusted gross receipts
generated by the owners | ||||||
16 | licensee under paragraph (1) of subsection (e-5) of Section 7 | ||||||
17 | to the home rule county in which the owners licensee is located | ||||||
18 | for the purpose of enhancing
the county's criminal justice | ||||||
19 | system; and (2) the balance to the City of Chicago and shall be | ||||||
20 | expended or obligated by the City of Chicago for pension | ||||||
21 | payments in accordance with Public Act 99-506. | ||||||
22 | (c) Appropriations, as approved by the General Assembly, | ||||||
23 | may be made
from the State Gaming Fund to the Board (i) for the | ||||||
24 | administration and enforcement of this Act and the Video | ||||||
25 | Gaming Act, (ii) for distribution to the Illinois State Police | ||||||
26 | and to the Department of Revenue for the enforcement of this |
| |||||||
| |||||||
1 | Act and the Video Gaming Act, and (iii) to the
Department of | ||||||
2 | Human Services for the administration of programs to treat
| ||||||
3 | problem gambling, including problem gambling from sports | ||||||
4 | wagering. The Board's annual appropriations request must | ||||||
5 | separately state its funding needs for the regulation of | ||||||
6 | gaming authorized under Section 7.7, riverboat gaming, casino | ||||||
7 | gaming, video gaming, and sports wagering.
| ||||||
8 | (c-2) An amount equal to 2% of the adjusted gross receipts | ||||||
9 | generated by an organization gaming facility located within a | ||||||
10 | home rule county with a population of over 3,000,000 | ||||||
11 | inhabitants shall be paid, subject to appropriation
from the | ||||||
12 | General Assembly, from the State Gaming Fund to the home rule
| ||||||
13 | county in which the organization gaming licensee is located | ||||||
14 | for the purpose of
enhancing the county's criminal justice | ||||||
15 | system. | ||||||
16 | (c-3) Appropriations, as approved by the General Assembly, | ||||||
17 | may be made from the tax revenue deposited into the State | ||||||
18 | Gaming Fund from organization gaming licensees pursuant to | ||||||
19 | this Section for the administration and enforcement of this | ||||||
20 | Act.
| ||||||
21 | (c-4) After payments required under subsections (b), | ||||||
22 | (b-5), (b-6), (b-7), (c), (c-2), and (c-3) have been made from | ||||||
23 | the tax revenue from organization gaming licensees deposited | ||||||
24 | into the State Gaming Fund under this Section, all remaining | ||||||
25 | amounts from organization gaming licensees shall be | ||||||
26 | transferred into the Capital Projects Fund. |
| |||||||
| |||||||
1 | (c-5) (Blank).
| ||||||
2 | (c-10) Each year the General Assembly shall appropriate | ||||||
3 | from the General
Revenue Fund to the Education Assistance Fund | ||||||
4 | an amount equal to the amount
paid into the Horse Racing Equity | ||||||
5 | Fund pursuant to subsection (c-5) in the
prior calendar year.
| ||||||
6 | (c-15) After the payments required under subsections (b), | ||||||
7 | (c), and (c-5)
have been made, an amount equal to 2% of the | ||||||
8 | adjusted gross receipts of (1)
an owners licensee that | ||||||
9 | relocates pursuant to Section 11.2, (2) an owners
licensee | ||||||
10 | conducting riverboat gambling operations pursuant to
an
owners | ||||||
11 | license that is initially issued after June 25, 1999,
or (3) | ||||||
12 | the first
riverboat gambling operations conducted by a | ||||||
13 | licensed manager on behalf of the
State under Section 7.3,
| ||||||
14 | whichever comes first, shall be paid, subject to appropriation
| ||||||
15 | from the General Assembly, from the State Gaming Fund to each | ||||||
16 | home rule
county with a population of over 3,000,000 | ||||||
17 | inhabitants for the purpose of
enhancing the county's criminal | ||||||
18 | justice system.
| ||||||
19 | (c-20) Each year the General Assembly shall appropriate | ||||||
20 | from the General
Revenue Fund to the Education Assistance Fund | ||||||
21 | an amount equal to the amount
paid to each home rule county | ||||||
22 | with a population of over 3,000,000 inhabitants
pursuant to | ||||||
23 | subsection (c-15) in the prior calendar year.
| ||||||
24 | (c-21) After the payments required under subsections (b), | ||||||
25 | (b-4), (b-5), (b-6), (b-7), (b-8), (c), (c-3), and (c-4) have | ||||||
26 | been made, an amount equal to 0.5% of the adjusted gross |
| |||||||
| |||||||
1 | receipts generated by the owners licensee under paragraph (1) | ||||||
2 | of subsection (e-5) of Section 7 shall be paid monthly, | ||||||
3 | subject to appropriation
from the General Assembly, from the | ||||||
4 | State Gaming Fund to the home rule
county in which the owners | ||||||
5 | licensee is located for the purpose of
enhancing the county's | ||||||
6 | criminal justice system. | ||||||
7 | (c-22) After the payments required under subsections (b), | ||||||
8 | (b-4), (b-5), (b-6), (b-7), (b-8), (c), (c-3), (c-4), and | ||||||
9 | (c-21) have been made, an amount equal to 2% of the adjusted | ||||||
10 | gross receipts generated by the owners licensee under | ||||||
11 | paragraph (5) of subsection (e-5) of Section 7 shall be paid, | ||||||
12 | subject to appropriation
from the General Assembly, from the | ||||||
13 | State Gaming Fund to the home rule
county in which the owners | ||||||
14 | licensee is located for the purpose of
enhancing the county's | ||||||
15 | criminal justice system. | ||||||
16 | (c-25) From July 1, 2013 and each July 1 thereafter | ||||||
17 | through July 1, 2019, $1,600,000 shall be transferred from the | ||||||
18 | State Gaming Fund to the Chicago State University Education | ||||||
19 | Improvement Fund.
| ||||||
20 | On July 1, 2020 and each July 1 thereafter, $3,000,000 | ||||||
21 | shall be transferred from the State Gaming Fund to the Chicago | ||||||
22 | State University Education Improvement Fund. | ||||||
23 | (c-30) On July 1, 2013 or as soon as possible thereafter, | ||||||
24 | $92,000,000 shall be transferred from the State Gaming Fund to | ||||||
25 | the School Infrastructure Fund and $23,000,000 shall be | ||||||
26 | transferred from the State Gaming Fund to the Horse Racing |
| |||||||
| |||||||
1 | Equity Fund. | ||||||
2 | (c-35) Beginning on July 1, 2013, in addition to any | ||||||
3 | amount transferred under subsection (c-30) of this Section, | ||||||
4 | $5,530,000 shall be transferred monthly from the State Gaming | ||||||
5 | Fund to the School Infrastructure Fund. | ||||||
6 | (d) From time to time, through June 30, 2021, the
Board | ||||||
7 | shall transfer the remainder of the funds
generated by this | ||||||
8 | Act into the Education
Assistance Fund.
| ||||||
9 | (d-5) Beginning on July 1, 2021, on the last day of each | ||||||
10 | month, or as soon thereafter as possible, after all the | ||||||
11 | required expenditures, distributions, and transfers have been | ||||||
12 | made from the State Gaming Fund for the month pursuant to | ||||||
13 | subsections (b) through (c-35), at the direction of the Board, | ||||||
14 | the Comptroller shall direct and the Treasurer shall transfer | ||||||
15 | $22,500,000, along with any deficiencies in such amounts from | ||||||
16 | prior months in the same fiscal year, from the State Gaming | ||||||
17 | Fund to the Education Assistance Fund; then, at the direction | ||||||
18 | of the Board, the Comptroller shall direct and the Treasurer | ||||||
19 | shall transfer the remainder of the funds generated by this | ||||||
20 | Act, if any, from the State Gaming Fund to the Capital Projects | ||||||
21 | Fund. | ||||||
22 | (e) Nothing in this Act shall prohibit the unit of local | ||||||
23 | government
designated as the home dock of the riverboat from | ||||||
24 | entering into agreements
with other units of local government | ||||||
25 | in this State or in other states to
share its portion of the | ||||||
26 | tax revenue.
|
| |||||||
| |||||||
1 | (f) To the extent practicable, the Board shall administer | ||||||
2 | and collect the
wagering taxes imposed by this Section in a | ||||||
3 | manner consistent with the
provisions of Sections 4, 5, 5a, | ||||||
4 | 5b, 5c, 5d, 5e, 5f, 5g, 5i, 5j, 6, 6a, 6b,
6c, 8, 9, and 10 of | ||||||
5 | the Retailers' Occupation Tax Act and Section 3-7 of the
| ||||||
6 | Uniform Penalty and Interest Act.
| ||||||
7 | (Source: P.A. 101-31, Article 25, Section 25-910, eff. | ||||||
8 | 6-28-19; 101-31, Article 35, Section 35-55, eff. 6-28-19; | ||||||
9 | 101-648, eff. 6-30-20; 102-16, eff. 6-17-21; 102-538, eff. | ||||||
10 | 8-20-21; 102-689, eff. 12-17-21; 102-699, eff. 4-19-22.)
| ||||||
11 | ARTICLE 999. | ||||||
12 | Section 999-95. No acceleration or delay. Where this Act | ||||||
13 | makes changes in a statute that is represented in this Act by | ||||||
14 | text that is not yet or no longer in effect (for example, a | ||||||
15 | Section represented by multiple versions), the use of that | ||||||
16 | text does not accelerate or delay the taking effect of (i) the | ||||||
17 | changes made by this Act or (ii) provisions derived from any | ||||||
18 | other Public Act.
| ||||||
19 | Section 999-99. Effective date. This Act takes effect upon | ||||||
20 | becoming law, except that Articles 10, 85, 98, and 100 take | ||||||
21 | effect on July 1, 2023, Articles 20, 80, and 99 take effect on | ||||||
22 | January 1, 2024, and Section 5-110 takes effect on the | ||||||
23 | effective date of House Bill 2041 of the 103rd General |
| |||||||
| |||||||
1 | Assembly or upon becoming law, whichever is later.".
|