Rep. Jehan Gordon-Booth
Filed: 5/25/2024
| |||||||
| |||||||
1 | AMENDMENT TO SENATE BILL 2665 | ||||||
2 | AMENDMENT NO. ______. Amend Senate Bill 2665, AS AMENDED, | ||||||
3 | by replacing everything after the enacting clause with the | ||||||
4 | following: | ||||||
5 | "Article 1. | ||||||
6 | Section 1-1. Short Title. This Act may be cited as the | ||||||
7 | Fiscal Year 2025 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 2025. | ||||||
11 | Article 3. | ||||||
12 | Section 3-2. The Illinois Administrative Procedure Act is | ||||||
13 | amended by adding Section 5-45.57 as follows: |
| |||||||
| |||||||
1 | (5 ILCS 100/5-45.57 new) | ||||||
2 | Sec. 5-45.57. Emergency rulemaking; rate increase for | ||||||
3 | direct support personnel and all frontline personnel. To | ||||||
4 | provide for the expeditious and timely implementation of the | ||||||
5 | changes made to Section 74 of the Mental Health and | ||||||
6 | Developmental Disabilities Administrative Act by this | ||||||
7 | amendatory Act of the 103rd General Assembly, emergency rules | ||||||
8 | implementing the changes made to Section 74 of the Mental | ||||||
9 | Health and Developmental Disabilities Administrative Act by | ||||||
10 | this amendatory Act of the 103rd General Assembly may be | ||||||
11 | adopted in accordance with Section 5-45 by the Department of | ||||||
12 | Human Services. The adoption of emergency rules authorized by | ||||||
13 | Section 5-45 and this Section is deemed to be necessary for the | ||||||
14 | public interest, safety, and welfare. | ||||||
15 | This Section is repealed one year after the effective date | ||||||
16 | of this Section. | ||||||
17 | Section 3-3. The State Employees Group Insurance Act of | ||||||
18 | 1971 is amended by changing Section 6.5 as follows: | ||||||
19 | (5 ILCS 375/6.5) | ||||||
20 | Sec. 6.5. Health benefits for TRS benefit recipients and | ||||||
21 | TRS dependent beneficiaries. | ||||||
22 | (a) Purpose. It is the purpose of this amendatory Act of | ||||||
23 | 1995 to transfer the administration of the program of health |
| |||||||
| |||||||
1 | benefits established for benefit recipients and their | ||||||
2 | dependent beneficiaries under Article 16 of the Illinois | ||||||
3 | Pension Code to the Department of Central Management Services. | ||||||
4 | (b) Transition provisions. The Board of Trustees of the | ||||||
5 | Teachers' Retirement System shall continue to administer the | ||||||
6 | health benefit program established under Article 16 of the | ||||||
7 | Illinois Pension Code through December 31, 1995. Beginning | ||||||
8 | January 1, 1996, the Department of Central Management Services | ||||||
9 | shall be responsible for administering a program of health | ||||||
10 | benefits for TRS benefit recipients and TRS dependent | ||||||
11 | beneficiaries under this Section. The Department of Central | ||||||
12 | Management Services and the Teachers' Retirement System shall | ||||||
13 | cooperate in this endeavor and shall coordinate their | ||||||
14 | activities so as to ensure a smooth transition and | ||||||
15 | uninterrupted health benefit coverage. | ||||||
16 | (c) Eligibility. All persons who were enrolled in the | ||||||
17 | Article 16 program at the time of the transfer shall be | ||||||
18 | eligible to participate in the program established under this | ||||||
19 | Section without any interruption or delay in coverage or | ||||||
20 | limitation as to pre-existing medical conditions. Eligibility | ||||||
21 | to participate shall be determined by the Teachers' Retirement | ||||||
22 | System. Eligibility information shall be communicated to the | ||||||
23 | Department of Central Management Services in a format | ||||||
24 | acceptable to the Department. | ||||||
25 | Eligible TRS benefit recipients may enroll or re-enroll in | ||||||
26 | the program of health benefits established under this Section |
| |||||||
| |||||||
1 | during any applicable annual open enrollment period and as | ||||||
2 | otherwise permitted by the Department of Central Management | ||||||
3 | Services. A TRS benefit recipient shall not be deemed | ||||||
4 | ineligible to participate solely by reason of the TRS benefit | ||||||
5 | recipient having made a previous election to disenroll or | ||||||
6 | otherwise not participate in the program of health benefits. | ||||||
7 | A TRS dependent beneficiary who is a child age 19 or over | ||||||
8 | and mentally or physically disabled does not become ineligible | ||||||
9 | to participate by reason of (i) becoming ineligible to be | ||||||
10 | claimed as a dependent for Illinois or federal income tax | ||||||
11 | purposes or (ii) receiving earned income, so long as those | ||||||
12 | earnings are insufficient for the child to be fully | ||||||
13 | self-sufficient. | ||||||
14 | (d) Coverage. The level of health benefits provided under | ||||||
15 | this Section shall be similar to the level of benefits | ||||||
16 | provided by the program previously established under Article | ||||||
17 | 16 of the Illinois Pension Code. For plan years that begin on | ||||||
18 | or after January 1, 2025, the health benefit program | ||||||
19 | established under this Section shall include health, dental, | ||||||
20 | and vision benefits. | ||||||
21 | Group life insurance benefits are not included in the | ||||||
22 | benefits to be provided to TRS benefit recipients and TRS | ||||||
23 | dependent beneficiaries under this Act. | ||||||
24 | The program of health benefits under this Section may | ||||||
25 | include any or all of the benefit limitations, including but | ||||||
26 | not limited to a reduction in benefits based on eligibility |
| |||||||
| |||||||
1 | for federal Medicare benefits, that are provided under | ||||||
2 | subsection (a) of Section 6 of this Act for other health | ||||||
3 | benefit programs under this Act. | ||||||
4 | (e) Insurance rates and premiums. The Director shall | ||||||
5 | determine the insurance rates and premiums for TRS benefit | ||||||
6 | recipients and TRS dependent beneficiaries, and shall present | ||||||
7 | to the Teachers' Retirement System of the State of Illinois, | ||||||
8 | by April 15 of each calendar year, the rate-setting | ||||||
9 | methodology (including but not limited to utilization levels | ||||||
10 | and costs) used to determine the amount of the health care | ||||||
11 | premiums. | ||||||
12 | For Fiscal Year 1996, the premium shall be equal to | ||||||
13 | the premium actually charged in Fiscal Year 1995; in | ||||||
14 | subsequent years, the premium shall never be lower than | ||||||
15 | the premium charged in Fiscal Year 1995. | ||||||
16 | For Fiscal Year 2003, the premium shall not exceed | ||||||
17 | 110% of the premium actually charged in Fiscal Year 2002. | ||||||
18 | For Fiscal Year 2004, the premium shall not exceed | ||||||
19 | 112% of the premium actually charged in Fiscal Year 2003. | ||||||
20 | For Fiscal Year 2005, the premium shall not exceed a | ||||||
21 | weighted average of 106.6% of the premium actually charged | ||||||
22 | in Fiscal Year 2004. | ||||||
23 | For Fiscal Year 2006, the premium shall not exceed a | ||||||
24 | weighted average of 109.1% of the premium actually charged | ||||||
25 | in Fiscal Year 2005. | ||||||
26 | For Fiscal Year 2007, the premium shall not exceed a |
| |||||||
| |||||||
1 | weighted average of 103.9% of the premium actually charged | ||||||
2 | in Fiscal Year 2006. | ||||||
3 | For Fiscal Year 2008 and thereafter, the premium in | ||||||
4 | each fiscal year shall not exceed 105% of the premium | ||||||
5 | actually charged in the previous fiscal year. | ||||||
6 | In addition to the premium amount charged for the program | ||||||
7 | of health benefits, in the initial plan year in which the | ||||||
8 | dental and vision benefits are provided, an additional premium | ||||||
9 | of not more than $7.11 per month for each TRS benefit recipient | ||||||
10 | and $28.43 per month for each TRS dependent beneficiary shall | ||||||
11 | be charged. The additional premium shall be used for the | ||||||
12 | purpose of financing the dental and vision benefits for TRS | ||||||
13 | benefit recipients and TRS dependent beneficiaries on and | ||||||
14 | after the effective date of this amendatory Act of the 103rd | ||||||
15 | General Assembly. | ||||||
16 | Rates and premiums may be based in part on age and | ||||||
17 | eligibility for federal medicare coverage. However, the cost | ||||||
18 | of participation for a TRS dependent beneficiary who is an | ||||||
19 | unmarried child age 19 or over and mentally or physically | ||||||
20 | disabled shall not exceed the cost for a TRS dependent | ||||||
21 | beneficiary who is an unmarried child under age 19 and | ||||||
22 | participates in the same major medical or managed care | ||||||
23 | program. | ||||||
24 | The cost of health benefits under the program shall be | ||||||
25 | paid as follows: | ||||||
26 | (1) For a TRS benefit recipient selecting a managed |
| |||||||
| |||||||
1 | care program, up to 75% of the total insurance rate shall | ||||||
2 | be paid from the Teacher Health Insurance Security Fund. | ||||||
3 | Effective with Fiscal Year 2007 and thereafter, for a TRS | ||||||
4 | benefit recipient selecting a managed care program, 75% of | ||||||
5 | the total insurance rate shall be paid from the Teacher | ||||||
6 | Health Insurance Security Fund. | ||||||
7 | (2) For a TRS benefit recipient selecting the major | ||||||
8 | medical coverage program, up to 50% of the total insurance | ||||||
9 | rate shall be paid from the Teacher Health Insurance | ||||||
10 | Security Fund if a managed care program is accessible, as | ||||||
11 | determined by the Teachers' Retirement System. Effective | ||||||
12 | with Fiscal Year 2007 and thereafter, for a TRS benefit | ||||||
13 | recipient selecting the major medical coverage program, | ||||||
14 | 50% of the total insurance rate shall be paid from the | ||||||
15 | Teacher Health Insurance Security Fund if a managed care | ||||||
16 | program is accessible, as determined by the Department of | ||||||
17 | Central Management Services. | ||||||
18 | (3) For a TRS benefit recipient selecting the major | ||||||
19 | medical coverage program, up to 75% of the total insurance | ||||||
20 | rate shall be paid from the Teacher Health Insurance | ||||||
21 | Security Fund if a managed care program is not accessible, | ||||||
22 | as determined by the Teachers' Retirement System. | ||||||
23 | Effective with Fiscal Year 2007 and thereafter, for a TRS | ||||||
24 | benefit recipient selecting the major medical coverage | ||||||
25 | program, 75% of the total insurance rate shall be paid | ||||||
26 | from the Teacher Health Insurance Security Fund if a |
| |||||||
| |||||||
1 | managed care program is not accessible, as determined by | ||||||
2 | the Department of Central Management Services. | ||||||
3 | (3.1) For a TRS dependent beneficiary who is Medicare | ||||||
4 | primary and enrolled in a managed care plan, or the major | ||||||
5 | medical coverage program if a managed care plan is not | ||||||
6 | available, 25% of the total insurance rate shall be paid | ||||||
7 | from the Teacher Health Security Fund as determined by the | ||||||
8 | Department of Central Management Services. For the purpose | ||||||
9 | of this item (3.1), the term "TRS dependent beneficiary | ||||||
10 | who is Medicare primary" means a TRS dependent beneficiary | ||||||
11 | who is participating in Medicare Parts A and B. | ||||||
12 | (4) Except as otherwise provided in item (3.1), the | ||||||
13 | balance of the rate of insurance, including the entire | ||||||
14 | premium of any coverage for TRS dependent beneficiaries | ||||||
15 | that has been elected, shall be paid by deductions | ||||||
16 | authorized by the TRS benefit recipient to be withheld | ||||||
17 | from his or her monthly annuity or benefit payment from | ||||||
18 | the Teachers' Retirement System; except that (i) if the | ||||||
19 | balance of the cost of coverage exceeds the amount of the | ||||||
20 | monthly annuity or benefit payment, the difference shall | ||||||
21 | be paid directly to the Teachers' Retirement System by the | ||||||
22 | TRS benefit recipient, and (ii) all or part of the balance | ||||||
23 | of the cost of coverage may, at the school board's option, | ||||||
24 | be paid to the Teachers' Retirement System by the school | ||||||
25 | board of the school district from which the TRS benefit | ||||||
26 | recipient retired, in accordance with Section 10-22.3b of |
| |||||||
| |||||||
1 | the School Code. The Teachers' Retirement System shall | ||||||
2 | promptly deposit all moneys withheld by or paid to it | ||||||
3 | under this subdivision (e)(4) into the Teacher Health | ||||||
4 | Insurance Security Fund. These moneys shall not be | ||||||
5 | considered assets of the Retirement System. | ||||||
6 | (5) If, for any month beginning on or after January 1, | ||||||
7 | 2013, a TRS benefit recipient or TRS dependent beneficiary | ||||||
8 | was enrolled in Medicare Parts A and B and such Medicare | ||||||
9 | coverage was primary to coverage under this Section but | ||||||
10 | payment for coverage under this Section was made at a rate | ||||||
11 | greater than the Medicare primary rate published by the | ||||||
12 | Department of Central Management Services, the TRS benefit | ||||||
13 | recipient or TRS dependent beneficiary shall be eligible | ||||||
14 | for a refund equal to the difference between the amount | ||||||
15 | paid by the TRS benefit recipient or TRS dependent | ||||||
16 | beneficiary and the published Medicare primary rate. To | ||||||
17 | receive a refund pursuant to this subsection, the TRS | ||||||
18 | benefit recipient or TRS dependent beneficiary must | ||||||
19 | provide documentation to the Department of Central | ||||||
20 | Management Services evidencing the TRS benefit recipient's | ||||||
21 | or TRS dependent beneficiary's Medicare coverage and the | ||||||
22 | amount paid by the TRS benefit recipient or TRS dependent | ||||||
23 | beneficiary during the applicable time period. | ||||||
24 | (f) Financing. Beginning July 1, 1995, all revenues | ||||||
25 | arising from the administration of the health benefit programs | ||||||
26 | established under Article 16 of the Illinois Pension Code or |
| |||||||
| |||||||
1 | this Section shall be deposited into the Teacher Health | ||||||
2 | Insurance Security Fund, which is hereby created as a | ||||||
3 | nonappropriated trust fund to be held outside the State | ||||||
4 | Treasury, with the State Treasurer as custodian. Any interest | ||||||
5 | earned on moneys in the Teacher Health Insurance Security Fund | ||||||
6 | shall be deposited into the Fund. | ||||||
7 | Moneys in the Teacher Health Insurance Security Fund shall | ||||||
8 | be used only to pay the costs of the health benefit program | ||||||
9 | established under this Section, including associated | ||||||
10 | administrative costs, and the costs associated with the health | ||||||
11 | benefit program established under Article 16 of the Illinois | ||||||
12 | Pension Code, as authorized in this Section. Beginning July 1, | ||||||
13 | 1995, the Department of Central Management Services may make | ||||||
14 | expenditures from the Teacher Health Insurance Security Fund | ||||||
15 | for those costs. | ||||||
16 | After other funds authorized for the payment of the costs | ||||||
17 | of the health benefit program established under Article 16 of | ||||||
18 | the Illinois Pension Code are exhausted and until January 1, | ||||||
19 | 1996 (or such later date as may be agreed upon by the Director | ||||||
20 | of Central Management Services and the Secretary of the | ||||||
21 | Teachers' Retirement System), the Secretary of the Teachers' | ||||||
22 | Retirement System may make expenditures from the Teacher | ||||||
23 | Health Insurance Security Fund as necessary to pay up to 75% of | ||||||
24 | the cost of providing health coverage to eligible benefit | ||||||
25 | recipients (as defined in Sections 16-153.1 and 16-153.3 of | ||||||
26 | the Illinois Pension Code) who are enrolled in the Article 16 |
| |||||||
| |||||||
1 | health benefit program and to facilitate the transfer of | ||||||
2 | administration of the health benefit program to the Department | ||||||
3 | of Central Management Services. | ||||||
4 | The Department of Central Management Services, or any | ||||||
5 | successor agency designated to procure healthcare contracts | ||||||
6 | pursuant to this Act, is authorized to establish funds, | ||||||
7 | separate accounts provided by any bank or banks as defined by | ||||||
8 | the Illinois Banking Act, or separate accounts provided by any | ||||||
9 | savings and loan association or associations as defined by the | ||||||
10 | Illinois Savings and Loan Act of 1985 to be held by the | ||||||
11 | Director, outside the State treasury, for the purpose of | ||||||
12 | receiving the transfer of moneys from the Teacher Health | ||||||
13 | Insurance Security Fund. The Department may promulgate rules | ||||||
14 | further defining the methodology for the transfers. Any | ||||||
15 | interest earned by moneys in the funds or accounts shall inure | ||||||
16 | to the Teacher Health Insurance Security Fund. The transferred | ||||||
17 | moneys, and interest accrued thereon, shall be used | ||||||
18 | exclusively for transfers to administrative service | ||||||
19 | organizations or their financial institutions for payments of | ||||||
20 | claims to claimants and providers under the self-insurance | ||||||
21 | health plan. The transferred moneys, and interest accrued | ||||||
22 | thereon, shall not be used for any other purpose including, | ||||||
23 | but not limited to, reimbursement of administration fees due | ||||||
24 | the administrative service organization pursuant to its | ||||||
25 | contract or contracts with the Department. | ||||||
26 | (g) Contract for benefits. The Director shall by contract, |
| |||||||
| |||||||
1 | self-insurance, or otherwise make available the program of | ||||||
2 | health benefits for TRS benefit recipients and their TRS | ||||||
3 | dependent beneficiaries that is provided for in this Section. | ||||||
4 | The contract or other arrangement for the provision of these | ||||||
5 | health benefits shall be on terms deemed by the Director to be | ||||||
6 | in the best interest of the State of Illinois and the TRS | ||||||
7 | benefit recipients based on, but not limited to, such criteria | ||||||
8 | as administrative cost, service capabilities of the carrier or | ||||||
9 | other contractor, and the costs of the benefits. | ||||||
10 | (g-5) Committee. A Teacher Retirement Insurance Program | ||||||
11 | Committee shall be established, to consist of 10 persons | ||||||
12 | appointed by the Governor. | ||||||
13 | The Committee shall convene at least 4 times each year, | ||||||
14 | and shall consider and make recommendations on issues | ||||||
15 | affecting the program of health benefits provided under this | ||||||
16 | Section. Recommendations of the Committee shall be based on a | ||||||
17 | consensus of the members of the Committee. | ||||||
18 | If the Teacher Health Insurance Security Fund experiences | ||||||
19 | a deficit balance based upon the contribution and subsidy | ||||||
20 | rates established in this Section and Section 6.6 for Fiscal | ||||||
21 | Year 2008 or thereafter, the Committee shall make | ||||||
22 | recommendations for adjustments to the funding sources | ||||||
23 | established under these Sections. | ||||||
24 | In addition, the Committee shall identify proposed | ||||||
25 | solutions to the funding shortfalls that are affecting the | ||||||
26 | Teacher Health Insurance Security Fund, and it shall report |
| |||||||
| |||||||
1 | those solutions to the Governor and the General Assembly | ||||||
2 | within 6 months after August 15, 2011 (the effective date of | ||||||
3 | Public Act 97-386). | ||||||
4 | (h) Continuation of program. It is the intention of the | ||||||
5 | General Assembly that the program of health benefits provided | ||||||
6 | under this Section be maintained on an ongoing, affordable | ||||||
7 | basis. | ||||||
8 | The program of health benefits provided under this Section | ||||||
9 | may be amended by the State and is not intended to be a pension | ||||||
10 | or retirement benefit subject to protection under Article | ||||||
11 | XIII, Section 5 of the Illinois Constitution. | ||||||
12 | (i) Repeal. (Blank). | ||||||
13 | (Source: P.A. 101-483, eff. 1-1-20; 102-210, eff. 7-30-21.) | ||||||
14 | Section 3-4. The Attorney General Act is amended by | ||||||
15 | changing Section 4a as follows: | ||||||
16 | (15 ILCS 205/4a) (from Ch. 14, par. 4a) | ||||||
17 | Sec. 4a. Attorneys and investigators appointed by the | ||||||
18 | attorney general, and on his payroll, when authorized by the | ||||||
19 | attorney general or his designee, may expend such sums as the | ||||||
20 | attorney general or his designee deems necessary for any one | ||||||
21 | or more of the following: the purchase of items for evidence ; , | ||||||
22 | the advancement of fees in cases before United States courts | ||||||
23 | or other State courts ; , and in the payment of expert witness | ||||||
24 | expenses and witness fees, including expert witness fees; or |
| |||||||
| |||||||
1 | subpoena fees. | ||||||
2 | Funds for making expenditures authorized in this Section | ||||||
3 | shall be advanced from funds appropriated or made available by | ||||||
4 | law for the support or use of the office of attorney general or | ||||||
5 | vouchers therefor signed by the attorney general or his | ||||||
6 | designee. Sums so advanced may be paid to the attorney or | ||||||
7 | investigator authorized to receive the advancement, or may be | ||||||
8 | made payable to the ultimate recipient. Any expenditures under | ||||||
9 | this Section shall be audited by the auditor general as part of | ||||||
10 | any mandated audit conducted in compliance with Section 3-2 of | ||||||
11 | the Illinois State Auditing Act. | ||||||
12 | (Source: P.A. 95-331, eff. 8-21-07.) | ||||||
13 | Section 3-6. The Substance Use Disorder Act is amended by | ||||||
14 | adding Section 5-30 as follows: | ||||||
15 | (20 ILCS 301/5-30 new) | ||||||
16 | Sec. 5-30. Substance Use Disorder Treatment Locator. | ||||||
17 | Subject to appropriation, the Department of Human Services | ||||||
18 | shall issue a request for proposal to establish a supplemental | ||||||
19 | substance use disorder treatment locator that can compare and | ||||||
20 | assess addiction treatment facilities to identify high-quality | ||||||
21 | providers and provide a publicly available search function for | ||||||
22 | patients, health care providers, and first responders to find | ||||||
23 | substance use disorder providers. The supplemental treatment | ||||||
24 | locator shall integrate with the Illinois Helpline and provide |
| |||||||
| |||||||
1 | annual surveys on both providers and patient experiences that | ||||||
2 | aid in identifying high-quality providers to better aid | ||||||
3 | decision making for patients, health care providers, and first | ||||||
4 | responders to find substance use disorder treatment. | ||||||
5 | Section 3-7. The Children and Family Services Act is | ||||||
6 | amended by changing Sections 4a and 17a-4 as follows: | ||||||
7 | (20 ILCS 505/4a) (from Ch. 23, par. 5004a) | ||||||
8 | Sec. 4a. (a) To administer child abuse prevention shelters | ||||||
9 | and service programs for abused and neglected children, or | ||||||
10 | provide for their administration by not-for-profit | ||||||
11 | corporations, community-based organizations or units of local | ||||||
12 | government. | ||||||
13 | The Department is hereby designated the single State | ||||||
14 | agency for planning and coordination of child abuse and | ||||||
15 | neglect prevention programs and services. On or before the | ||||||
16 | first Friday in October of each year, the Department shall | ||||||
17 | submit to the Governor and the General Assembly a State | ||||||
18 | comprehensive child abuse and neglect prevention plan. The | ||||||
19 | plan shall: identify priorities, goals and objectives; | ||||||
20 | identify the resources necessary to implement the plan, | ||||||
21 | including estimates of resources needed to investigate or | ||||||
22 | otherwise process reports of suspected child abuse or neglect | ||||||
23 | and to provide necessary follow-up services for child | ||||||
24 | protection, family preservation and family reunification in |
| |||||||
| |||||||
1 | "indicated" cases as determined under the Abused and Neglected | ||||||
2 | Child Reporting Act; make proposals for the most effective use | ||||||
3 | of existing resources to implement the plan, including | ||||||
4 | recommendations for the optimum use of private, local public, | ||||||
5 | State and federal resources; and propose strategies for the | ||||||
6 | development of additional resources to meet the goal of | ||||||
7 | reducing the incidence of child abuse and neglect and reducing | ||||||
8 | the number of reports of suspected child abuse and neglect | ||||||
9 | made to the Department. | ||||||
10 | (b) The administration of child abuse prevention, shelters | ||||||
11 | and service programs under subsection (a) shall be funded in | ||||||
12 | part by appropriations made from the Child Abuse Prevention | ||||||
13 | Fund, which is hereby created in the State Treasury, and in | ||||||
14 | part by appropriations from the General Revenue Fund. All | ||||||
15 | interest earned on monies in the Child Abuse Prevention Fund | ||||||
16 | shall remain in such fund. The Department and the State | ||||||
17 | Treasurer may accept funds as provided by Sections 507 and 508 | ||||||
18 | of the Illinois Income Tax Act and unsolicited private | ||||||
19 | donations for deposit into the Child Abuse Prevention Fund. | ||||||
20 | Annual requests for appropriations for the purpose of | ||||||
21 | providing child abuse and neglect prevention programs and | ||||||
22 | services under this Section shall be made in separate and | ||||||
23 | distinct line-items. In setting priorities for the direction | ||||||
24 | and scope of such programs, the Director shall be advised by | ||||||
25 | the State-wide Citizen's Committee on Child Abuse and Neglect. | ||||||
26 | (c) (Blank). Where the Department contracts with outside |
| |||||||
| |||||||
1 | agencies to operate the shelters or programs, such outside | ||||||
2 | agencies may receive funding from the Department, except that | ||||||
3 | the shelters must certify a 20% financial match for operating | ||||||
4 | expenses of their programs. In selecting the outside agencies | ||||||
5 | to administer child shelters and service programs, and in | ||||||
6 | allocating funds for such agencies, the Department shall give | ||||||
7 | priority to new and existing shelters or programs offering the | ||||||
8 | broadest range of services to the community served. | ||||||
9 | (d) The Department shall have the power to make grants of | ||||||
10 | monies to fund comprehensive community-based services to | ||||||
11 | reduce the incidence of family dysfunction typified by child | ||||||
12 | abuse and neglect; to diminish those factors found to increase | ||||||
13 | family dysfunction; and to measure the effectiveness and costs | ||||||
14 | of such services. | ||||||
15 | (e) For implementing such intergovernmental cooperation | ||||||
16 | and involvement, units of local government and public and | ||||||
17 | private agencies may apply for and receive federal or State | ||||||
18 | funds from the Department under this Act or seek and receive | ||||||
19 | gifts from local philanthropic or other private local sources | ||||||
20 | in order to augment any State funds appropriated for the | ||||||
21 | purposes of this Act. | ||||||
22 | (e-5) The Department may establish and maintain locally | ||||||
23 | held funds to be individually known as the Youth in Care | ||||||
24 | Support Fund. Moneys in these funds shall be used for | ||||||
25 | purchases for the immediate needs of youth in care or for the | ||||||
26 | immediate support needs of youth, families, and caregivers |
| |||||||
| |||||||
1 | served by the Department. Moneys paid into funds shall be from | ||||||
2 | appropriations made to the DCFS Children's Services Fund. | ||||||
3 | Funds remaining in any Youth in Care Support Fund must be | ||||||
4 | returned to the DCFS Children's Services Fund upon | ||||||
5 | dissolution. Any warrant for payment to a vendor for the same | ||||||
6 | product or service for a youth in care shall be payable to the | ||||||
7 | Department to reimburse the immediate payment from the Youth | ||||||
8 | in Care Support Fund. | ||||||
9 | (f) For the purposes of this Section: | ||||||
10 | (1) The terms "abused child" and "neglected child" | ||||||
11 | have meanings ascribed to them in Section 3 of the Abused | ||||||
12 | and Neglected Child Reporting Act. | ||||||
13 | (2) "Shelter" has the meaning ascribed to it in | ||||||
14 | Section 1-3 of the Juvenile Court Act of 1987. | ||||||
15 | (Source: P.A. 103-259, eff. 1-1-24 .) | ||||||
16 | (20 ILCS 505/17a-4) (from Ch. 23, par. 5017a-4) | ||||||
17 | Sec. 17a-4. Grants for community-based youth services; | ||||||
18 | Department of Human Services. | ||||||
19 | (a) The Department of Human Services shall make grants for | ||||||
20 | the purpose of planning, establishing, operating, coordinating | ||||||
21 | and evaluating programs aimed at reducing or eliminating the | ||||||
22 | involvement of youth in the child welfare or juvenile justice | ||||||
23 | systems. The programs shall include those providing for more | ||||||
24 | comprehensive and integrated community-based youth services | ||||||
25 | including Unified Delinquency Intervention Services programs |
| |||||||
| |||||||
1 | and for community services programs. The Department may | ||||||
2 | authorize advance disbursement of funds for such youth | ||||||
3 | services programs. When the appropriation for "comprehensive | ||||||
4 | community-based service to youth" is equal to or exceeds | ||||||
5 | $5,000,000, the Department shall allocate the total amount of | ||||||
6 | such appropriated funds in the following manner: | ||||||
7 | (1) no more than 20% of the grant funds appropriated | ||||||
8 | shall be awarded by the Department for new program | ||||||
9 | development and innovation; | ||||||
10 | (2) not less than 80% of grant funds appropriated | ||||||
11 | shall be allocated to community-based youth services | ||||||
12 | programs based upon population of youth under 18 years of | ||||||
13 | age and other demographic variables defined by the | ||||||
14 | Department of Human Services by rule, which may include | ||||||
15 | weighting for service priorities relating to special needs | ||||||
16 | identified in the annual plans of the regional youth | ||||||
17 | planning committees established under this Act; and | ||||||
18 | (3) if any amount so allocated under paragraph (2) of | ||||||
19 | this subsection (a) remains unobligated such funds shall | ||||||
20 | be reallocated in a manner equitable and consistent with | ||||||
21 | the purpose of paragraph (2) of this subsection (a) . ; and | ||||||
22 | (4) the local boards or local service systems shall | ||||||
23 | certify prior to receipt of grant funds from the | ||||||
24 | Department of Human Services that a 10% local public or | ||||||
25 | private financial or in-kind commitment is allocated to | ||||||
26 | supplement the State grant. |
| |||||||
| |||||||
1 | (b) Notwithstanding any provision in this Act or rules | ||||||
2 | promulgated under this Act to the contrary, unless expressly | ||||||
3 | prohibited by federal law or regulation, all individuals, | ||||||
4 | corporations, or other entities that provide medical or mental | ||||||
5 | health services, whether organized as for-profit or | ||||||
6 | not-for-profit entities, shall be eligible for consideration | ||||||
7 | by the Department of Human Services to participate in any | ||||||
8 | program funded or administered by the Department. This | ||||||
9 | subsection shall not apply to the receipt of federal funds | ||||||
10 | administered and transferred by the Department for services | ||||||
11 | when the federal government has specifically provided that | ||||||
12 | those funds may be received only by those entities organized | ||||||
13 | as not-for-profit entities. | ||||||
14 | (Source: P.A. 89-392, eff. 8-20-95; 89-507, eff. 7-1-97; | ||||||
15 | 90-655, eff. 7-30-98.) | ||||||
16 | Section 3-8. The Department of Commerce and Economic | ||||||
17 | Opportunity Law of the Civil Administrative Code of Illinois | ||||||
18 | is amended by changing Section 605-705 as follows: | ||||||
19 | (20 ILCS 605/605-705) (was 20 ILCS 605/46.6a) | ||||||
20 | Sec. 605-705. Grants to local tourism and convention | ||||||
21 | bureaus. | ||||||
22 | (a) To establish a grant program for local tourism and | ||||||
23 | convention bureaus. The Department will develop and implement | ||||||
24 | a program for the use of funds, as authorized under this Act, |
| |||||||
| |||||||
1 | by local tourism and convention bureaus. For the purposes of | ||||||
2 | this Act, bureaus eligible to receive funds are those local | ||||||
3 | tourism and convention bureaus that are (i) either units of | ||||||
4 | local government or incorporated as not-for-profit | ||||||
5 | organizations; (ii) in legal existence for a minimum of 2 | ||||||
6 | years before July 1, 2001; (iii) operating with a paid, | ||||||
7 | full-time staff whose sole purpose is to promote tourism in | ||||||
8 | the designated service area; and (iv) affiliated with one or | ||||||
9 | more municipalities or counties that support the bureau with | ||||||
10 | local hotel-motel taxes. After July 1, 2001, bureaus | ||||||
11 | requesting certification in order to receive funds for the | ||||||
12 | first time must be local tourism and convention bureaus that | ||||||
13 | are (i) either units of local government or incorporated as | ||||||
14 | not-for-profit organizations; (ii) in legal existence for a | ||||||
15 | minimum of 2 years before the request for certification; (iii) | ||||||
16 | operating with a paid, full-time staff whose sole purpose is | ||||||
17 | to promote tourism in the designated service area; and (iv) | ||||||
18 | affiliated with multiple municipalities or counties that | ||||||
19 | support the bureau with local hotel-motel taxes. Each bureau | ||||||
20 | receiving funds under this Act will be certified by the | ||||||
21 | Department as the designated recipient to serve an area of the | ||||||
22 | State. Notwithstanding the criteria set forth in this | ||||||
23 | subsection (a), or any rule adopted under this subsection (a), | ||||||
24 | the Director of the Department may provide for the award of | ||||||
25 | grant funds to one or more entities if in the Department's | ||||||
26 | judgment that action is necessary in order to prevent a loss of |
| |||||||
| |||||||
1 | funding critical to promoting tourism in a designated | ||||||
2 | geographic area of the State. | ||||||
3 | (b) To distribute grants to local tourism and convention | ||||||
4 | bureaus from appropriations made from the Local Tourism Fund | ||||||
5 | for that purpose. Of the amounts appropriated annually to the | ||||||
6 | Department for expenditure under this Section prior to July 1, | ||||||
7 | 2011, one-third of those monies shall be used for grants to | ||||||
8 | convention and tourism bureaus in cities with a population | ||||||
9 | greater than 500,000. The remaining two-thirds of the annual | ||||||
10 | appropriation prior to July 1, 2011 shall be used for grants to | ||||||
11 | convention and tourism bureaus in the remainder of the State, | ||||||
12 | in accordance with a formula based upon the population served. | ||||||
13 | Of the amounts appropriated annually to the Department for | ||||||
14 | expenditure under this Section beginning July 1, 2011, 18% of | ||||||
15 | such moneys shall be used for grants to convention and tourism | ||||||
16 | bureaus in cities with a population greater than 500,000. Of | ||||||
17 | the amounts appropriated annually to the Department for | ||||||
18 | expenditure under this Section beginning July 1, 2011, 82% of | ||||||
19 | such moneys shall be used for grants to convention bureaus in | ||||||
20 | the remainder of the State, in accordance with a formula based | ||||||
21 | upon the population served. The Department may reserve up to | ||||||
22 | 3% of total local tourism funds available for costs of | ||||||
23 | administering the program to conduct audits of grants, to | ||||||
24 | provide incentive funds to those bureaus that will conduct | ||||||
25 | promotional activities designed to further the Department's | ||||||
26 | statewide advertising campaign, to fund special statewide |
| |||||||
| |||||||
1 | promotional activities, and to fund promotional activities | ||||||
2 | that support an increased use of the State's parks or historic | ||||||
3 | sites. The Department shall require that any convention and | ||||||
4 | tourism bureau receiving a grant under this Section that | ||||||
5 | requires matching funds shall provide matching funds equal to | ||||||
6 | no less than 50% of the grant amount , except that : (1) in | ||||||
7 | Fiscal Years 2021 through 2024 only, the Department shall | ||||||
8 | require that any convention and tourism bureau receiving a | ||||||
9 | grant under this Section that requires matching funds shall | ||||||
10 | provide matching funds equal to no less than 25% of the grant | ||||||
11 | amount ; (2) in Fiscal Year 2025, the Department shall require | ||||||
12 | that any convention and tourism bureau receiving a grant under | ||||||
13 | this Section that requires matching funds shall provide | ||||||
14 | matching funds equal to no less than 30% of the grant amount; | ||||||
15 | and (3) in Fiscal Year 2026, the Department shall require that | ||||||
16 | any convention and tourism bureau receiving a grant under this | ||||||
17 | Section that requires matching funds shall provide matching | ||||||
18 | funds equal to no less than 40% of the grant amount . During | ||||||
19 | fiscal year 2013, the Department shall reserve $2,000,000 of | ||||||
20 | the available local tourism funds for appropriation to the | ||||||
21 | Historic Preservation Agency for the operation of the Abraham | ||||||
22 | Lincoln Presidential Library and Museum and State historic | ||||||
23 | sites. | ||||||
24 | To provide for the expeditious and timely implementation | ||||||
25 | of the changes made by Public Act 101-636, emergency rules to | ||||||
26 | implement the changes made by Public Act 101-636 may be |
| |||||||
| |||||||
1 | adopted by the Department subject to the provisions of Section | ||||||
2 | 5-45 of the Illinois Administrative Procedure Act. | ||||||
3 | (Source: P.A. 102-16, eff. 6-17-21; 102-699, eff. 4-19-22; | ||||||
4 | 103-8, eff. 6-7-23.) | ||||||
5 | Section 3-9. The Mental Health and Developmental | ||||||
6 | Disabilities Administrative Act is amended by changing Section | ||||||
7 | 74 as follows: | ||||||
8 | (20 ILCS 1705/74) | ||||||
9 | Sec. 74. Rates and reimbursements. | ||||||
10 | (a) Within 30 days after July 6, 2017 (the effective date | ||||||
11 | of Public Act 100-23), the Department shall increase rates and | ||||||
12 | reimbursements to fund a minimum of a $0.75 per hour wage | ||||||
13 | increase for front-line personnel, including, but not limited | ||||||
14 | to, direct support professionals, aides, front-line | ||||||
15 | supervisors, qualified intellectual disabilities | ||||||
16 | professionals, nurses, and non-administrative support staff | ||||||
17 | working in community-based provider organizations serving | ||||||
18 | individuals with developmental disabilities. The Department | ||||||
19 | shall adopt rules, including emergency rules under subsection | ||||||
20 | (y) of Section 5-45 of the Illinois Administrative Procedure | ||||||
21 | Act, to implement the provisions of this Section. | ||||||
22 | (b) Rates and reimbursements. Within 30 days after June 4, | ||||||
23 | 2018 (the effective date of Public Act 100-587), the | ||||||
24 | Department shall increase rates and reimbursements to fund a |
| |||||||
| |||||||
1 | minimum of a $0.50 per hour wage increase for front-line | ||||||
2 | personnel, including, but not limited to, direct support | ||||||
3 | professionals, aides, front-line supervisors, qualified | ||||||
4 | intellectual disabilities professionals, nurses, and | ||||||
5 | non-administrative support staff working in community-based | ||||||
6 | provider organizations serving individuals with developmental | ||||||
7 | disabilities. The Department shall adopt rules, including | ||||||
8 | emergency rules under subsection (bb) of Section 5-45 of the | ||||||
9 | Illinois Administrative Procedure Act, to implement the | ||||||
10 | provisions of this Section. | ||||||
11 | (c) Rates and reimbursements. Within 30 days after June 5, | ||||||
12 | 2019 (the effective date of Public Act 101-10), subject to | ||||||
13 | federal approval, the Department shall increase rates and | ||||||
14 | reimbursements in effect on June 30, 2019 for community-based | ||||||
15 | providers for persons with Developmental Disabilities by 3.5% | ||||||
16 | The Department shall adopt rules, including emergency rules | ||||||
17 | under subsection (jj) of Section 5-45 of the Illinois | ||||||
18 | Administrative Procedure Act, to implement the provisions of | ||||||
19 | this Section, including wage increases for direct care staff. | ||||||
20 | (d) For community-based providers serving persons with | ||||||
21 | intellectual/developmental disabilities, subject to federal | ||||||
22 | approval of any relevant Waiver Amendment, the rates taking | ||||||
23 | effect for services delivered on or after January 1, 2022, | ||||||
24 | shall include an increase in the rate methodology sufficient | ||||||
25 | to provide a $1.50 per hour wage increase for direct support | ||||||
26 | professionals in residential settings and sufficient to |
| |||||||
| |||||||
1 | provide wages for all residential non-executive direct care | ||||||
2 | staff, excluding direct support professionals, at the federal | ||||||
3 | Department of Labor, Bureau of Labor Statistics' average wage | ||||||
4 | as defined in 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 (d). | ||||||
13 | (e) For community-based providers serving persons with | ||||||
14 | intellectual/developmental disabilities, subject to federal | ||||||
15 | approval of any relevant Waiver Amendment, the rates taking | ||||||
16 | effect for services delivered on or after January 1, 2023, | ||||||
17 | shall include an increase in the rate methodology sufficient | ||||||
18 | to provide a $1.00 per hour wage increase for all direct | ||||||
19 | support professionals and all other frontline personnel who | ||||||
20 | are not subject to the Bureau of Labor Statistics' average | ||||||
21 | wage increases, who work in residential and community day | ||||||
22 | services settings, with at least $0.50 of those funds to be | ||||||
23 | provided as a direct increase to base wages, with the | ||||||
24 | remaining $0.50 to be used flexibly for base wage increases. | ||||||
25 | In addition, the rates taking effect for services delivered on | ||||||
26 | or after January 1, 2023 shall include an increase sufficient |
| |||||||
| |||||||
1 | to provide wages for all residential non-executive direct care | ||||||
2 | staff, excluding direct support professionals, at the federal | ||||||
3 | Department of Labor, Bureau of Labor Statistics' average wage | ||||||
4 | as defined in 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 | (f) For community-based providers serving persons with | ||||||
14 | intellectual/developmental disabilities, subject to federal | ||||||
15 | approval of any relevant Waiver Amendment, the rates taking | ||||||
16 | effect for services delivered on or after January 1, 2024 | ||||||
17 | shall include an increase in the rate methodology sufficient | ||||||
18 | to provide a $2.50 per hour wage increase for all direct | ||||||
19 | support professionals and all other frontline personnel who | ||||||
20 | are not subject to the Bureau of Labor Statistics' average | ||||||
21 | wage increases and who work in residential and community day | ||||||
22 | services settings. At least $1.25 of the per hour wage | ||||||
23 | increase shall be provided as a direct increase to base wages, | ||||||
24 | and the remaining $1.25 of the per hour wage increase shall be | ||||||
25 | used flexibly for base wage increases. In addition, the rates | ||||||
26 | taking effect for services delivered on or after January 1, |
| |||||||
| |||||||
1 | 2024 shall include an increase sufficient to provide wages for | ||||||
2 | all residential non-executive direct care staff, excluding | ||||||
3 | direct support professionals, at the federal Department of | ||||||
4 | Labor, Bureau of Labor Statistics' average wage as defined in | ||||||
5 | rule by the Department. | ||||||
6 | The establishment of and any changes to the rate | ||||||
7 | methodologies for community-based services provided to persons | ||||||
8 | with intellectual/developmental disabilities are subject to | ||||||
9 | federal approval of any relevant Waiver Amendment and shall be | ||||||
10 | defined in rule by the Department. The Department shall adopt | ||||||
11 | rules, including emergency rules as authorized by Section 5-45 | ||||||
12 | of the Illinois Administrative Procedure Act, to implement the | ||||||
13 | provisions of this subsection. | ||||||
14 | (g) For community-based providers serving persons with | ||||||
15 | intellectual or developmental disabilities, subject to federal | ||||||
16 | approval of any relevant Waiver Amendment, the rates taking | ||||||
17 | effect for services delivered on or after January 1, 2025 | ||||||
18 | shall include an increase in the rate methodology sufficient | ||||||
19 | to provide a $1 per hour wage rate increase for all direct | ||||||
20 | support personnel and all other frontline personnel who are | ||||||
21 | not subject to the Bureau of Labor Statistics' average wage | ||||||
22 | increases and who work in residential and community day | ||||||
23 | services settings, with at least $0.50 of those funds to be | ||||||
24 | provided as a direct increase to base wages and the remaining | ||||||
25 | $0.50 to be used flexibly for base wage increases. These | ||||||
26 | increases shall not be used by community-based providers for |
| |||||||
| |||||||
1 | operational or administrative expenses. In addition, the rates | ||||||
2 | taking effect for services delivered on or after January 1, | ||||||
3 | 2025 shall include an increase sufficient to provide wages for | ||||||
4 | all residential non-executive direct care staff, excluding | ||||||
5 | direct support personnel, at the federal Department of Labor, | ||||||
6 | Bureau of Labor Statistics' average wage as defined by rule by | ||||||
7 | the Department. For services delivered on or after January 1, | ||||||
8 | 2025, the rates shall include adjustments to | ||||||
9 | employment-related expenses as defined by rule by the | ||||||
10 | Department. | ||||||
11 | The establishment of and any changes to the rate | ||||||
12 | methodologies for community-based services provided to persons | ||||||
13 | with intellectual or developmental disabilities are subject to | ||||||
14 | federal approval of any relevant Waiver Amendment and shall be | ||||||
15 | defined in rule by the Department. The Department shall adopt | ||||||
16 | rules, including emergency rules as authorized by Section 5-45 | ||||||
17 | of the Illinois Administrative Procedure Act, to implement the | ||||||
18 | provisions of this subsection. | ||||||
19 | (Source: P.A. 102-16, eff. 6-17-21; 102-699, eff. 4-19-22; | ||||||
20 | 102-830, eff. 1-1-23; 103-8, eff. 6-7-23; 103-154, eff. | ||||||
21 | 6-30-23.) | ||||||
22 | Section 3-10. The Governor's Office of Management and | ||||||
23 | Budget Act is amended by adding Section 7.4 as follows: | ||||||
24 | (20 ILCS 3005/7.4 new) |
| |||||||
| |||||||
1 | Sec. 7.4. Monthly revenues reporting. No later than the | ||||||
2 | 15th day following the end of each month, the Office shall | ||||||
3 | prepare and publish a written report including, at a minimum, | ||||||
4 | the following information: | ||||||
5 | (1) year-to-date general funds revenues as compared to | ||||||
6 | anticipated revenues; | ||||||
7 | (2) year-to-date general funds expenditures as | ||||||
8 | compared to the then current fiscal year budget as | ||||||
9 | enacted; and | ||||||
10 | (3) any transfers between budget lines pursuant to | ||||||
11 | Section 13.2 of the State Finance Act exceeding 2%. | ||||||
12 | Section 3-11. The Illinois Emergency Management Agency Act | ||||||
13 | is amended by changing Section 5 as follows: | ||||||
14 | (20 ILCS 3305/5) (from Ch. 127, par. 1055) | ||||||
15 | Sec. 5. Illinois Emergency Management Agency. | ||||||
16 | (a) There is created within the executive branch of the | ||||||
17 | State Government an Illinois Emergency Management Agency and a | ||||||
18 | Director of the Illinois Emergency Management Agency, herein | ||||||
19 | called the "Director" who shall be the head thereof. The | ||||||
20 | Director shall be appointed by the Governor, with the advice | ||||||
21 | and consent of the Senate, and shall serve for a term of 2 | ||||||
22 | years beginning on the third Monday in January of the | ||||||
23 | odd-numbered year, and until a successor is appointed and has | ||||||
24 | qualified; except that the term of the first Director |
| |||||||
| |||||||
1 | appointed under this Act shall expire on the third Monday in | ||||||
2 | January, 1989. The Director shall not hold any other | ||||||
3 | remunerative public office. For terms beginning after January | ||||||
4 | 18, 2019 (the effective date of Public Act 100-1179) and | ||||||
5 | before January 16, 2023, the annual salary of the Director | ||||||
6 | shall be as provided in Section 5-300 of the Civil | ||||||
7 | Administrative Code of Illinois. Notwithstanding any other | ||||||
8 | provision of law, for terms beginning on or after January 16, | ||||||
9 | 2023, the Director shall receive an annual salary of $180,000 | ||||||
10 | or as set by the Governor, whichever is higher. On July 1, | ||||||
11 | 2023, and on each July 1 thereafter, the Director shall | ||||||
12 | receive an increase in salary based on a cost of living | ||||||
13 | adjustment as authorized by Senate Joint Resolution 192 of the | ||||||
14 | 86th General Assembly. | ||||||
15 | For terms beginning on or after January 16, 2023, the | ||||||
16 | Assistant Director of the Illinois Emergency Management Agency | ||||||
17 | shall receive an annual salary of $156,600 or as set by the | ||||||
18 | Governor, whichever is higher. On July 1, 2023, and on each | ||||||
19 | July 1 thereafter, the Assistant Director shall receive an | ||||||
20 | increase in salary based on a cost of living adjustment as | ||||||
21 | authorized by Senate Joint Resolution 192 of the 86th General | ||||||
22 | Assembly. | ||||||
23 | (b) The Illinois Emergency Management Agency shall obtain, | ||||||
24 | under the provisions of the Personnel Code, technical, | ||||||
25 | clerical, stenographic and other administrative personnel, and | ||||||
26 | may make expenditures within the appropriation therefor as may |
| |||||||
| |||||||
1 | be necessary to carry out the purpose of this Act. The agency | ||||||
2 | created by this Act is intended to be a successor to the agency | ||||||
3 | created under the Illinois Emergency Services and Disaster | ||||||
4 | Agency Act of 1975 and the personnel, equipment, records, and | ||||||
5 | appropriations of that agency are transferred to the successor | ||||||
6 | agency as of June 30, 1988 (the effective date of this Act). | ||||||
7 | (c) The Director, subject to the direction and control of | ||||||
8 | the Governor, shall be the executive head of the Illinois | ||||||
9 | Emergency Management Agency and the State Emergency Response | ||||||
10 | Commission and shall be responsible under the direction of the | ||||||
11 | Governor, for carrying out the program for emergency | ||||||
12 | management of this State. The Director shall also maintain | ||||||
13 | liaison and cooperate with the emergency management | ||||||
14 | organizations of this State and other states and of the | ||||||
15 | federal government. | ||||||
16 | (d) The Illinois Emergency Management Agency shall take an | ||||||
17 | integral part in the development and revision of political | ||||||
18 | subdivision emergency operations plans prepared under | ||||||
19 | paragraph (f) of Section 10. To this end it shall employ or | ||||||
20 | otherwise secure the services of professional and technical | ||||||
21 | personnel capable of providing expert assistance to the | ||||||
22 | emergency services and disaster agencies. These personnel | ||||||
23 | shall consult with emergency services and disaster agencies on | ||||||
24 | a regular basis and shall make field examinations of the | ||||||
25 | areas, circumstances, and conditions that particular political | ||||||
26 | subdivision emergency operations plans are intended to apply. |
| |||||||
| |||||||
1 | (e) The Illinois Emergency Management Agency and political | ||||||
2 | subdivisions shall be encouraged to form an emergency | ||||||
3 | management advisory committee composed of private and public | ||||||
4 | personnel representing the emergency management phases of | ||||||
5 | mitigation, preparedness, response, and recovery. The Local | ||||||
6 | Emergency Planning Committee, as created under the Illinois | ||||||
7 | Emergency Planning and Community Right to Know Act, shall | ||||||
8 | serve as an advisory committee to the emergency services and | ||||||
9 | disaster agency or agencies serving within the boundaries of | ||||||
10 | that Local Emergency Planning Committee planning district for: | ||||||
11 | (1) the development of emergency operations plan | ||||||
12 | provisions for hazardous chemical emergencies; and | ||||||
13 | (2) the assessment of emergency response capabilities | ||||||
14 | related to hazardous chemical emergencies. | ||||||
15 | (f) The Illinois Emergency Management Agency shall: | ||||||
16 | (1) Coordinate the overall emergency management | ||||||
17 | program of the State. | ||||||
18 | (2) Cooperate with local governments, the federal | ||||||
19 | government, and any public or private agency or entity in | ||||||
20 | achieving any purpose of this Act and in implementing | ||||||
21 | emergency management programs for mitigation, | ||||||
22 | preparedness, response, and recovery. | ||||||
23 | (2.5) Develop a comprehensive emergency preparedness | ||||||
24 | and response plan for any nuclear accident in accordance | ||||||
25 | with Section 65 of the Nuclear Safety Law of 2004 and in | ||||||
26 | development of the Illinois Nuclear Safety Preparedness |
| |||||||
| |||||||
1 | program in accordance with Section 8 of the Illinois | ||||||
2 | Nuclear Safety Preparedness Act. | ||||||
3 | (2.6) Coordinate with the Department of Public Health | ||||||
4 | with respect to planning for and responding to public | ||||||
5 | health emergencies. | ||||||
6 | (3) Prepare, for issuance by the Governor, executive | ||||||
7 | orders, proclamations, and regulations as necessary or | ||||||
8 | appropriate in coping with disasters. | ||||||
9 | (4) Promulgate rules and requirements for political | ||||||
10 | subdivision emergency operations plans that are not | ||||||
11 | inconsistent with and are at least as stringent as | ||||||
12 | applicable federal laws and regulations. | ||||||
13 | (5) Review and approve, in accordance with Illinois | ||||||
14 | Emergency Management Agency rules, emergency operations | ||||||
15 | plans for those political subdivisions required to have an | ||||||
16 | emergency services and disaster agency pursuant to this | ||||||
17 | Act. | ||||||
18 | (5.5) Promulgate rules and requirements for the | ||||||
19 | political subdivision emergency management exercises, | ||||||
20 | including, but not limited to, exercises of the emergency | ||||||
21 | operations plans. | ||||||
22 | (5.10) Review, evaluate, and approve, in accordance | ||||||
23 | with Illinois Emergency Management Agency rules, political | ||||||
24 | subdivision emergency management exercises for those | ||||||
25 | political subdivisions required to have an emergency | ||||||
26 | services and disaster agency pursuant to this Act. |
| |||||||
| |||||||
1 | (6) Determine requirements of the State and its | ||||||
2 | political subdivisions for food, clothing, and other | ||||||
3 | necessities in event of a disaster. | ||||||
4 | (7) Establish a register of persons with types of | ||||||
5 | emergency management training and skills in mitigation, | ||||||
6 | preparedness, response, and recovery. | ||||||
7 | (8) Establish a register of government and private | ||||||
8 | response resources available for use in a disaster. | ||||||
9 | (9) Expand the Earthquake Awareness Program and its | ||||||
10 | efforts to distribute earthquake preparedness materials to | ||||||
11 | schools, political subdivisions, community groups, civic | ||||||
12 | organizations, and the media. Emphasis will be placed on | ||||||
13 | those areas of the State most at risk from an earthquake. | ||||||
14 | Maintain the list of all school districts, hospitals, | ||||||
15 | airports, power plants, including nuclear power plants, | ||||||
16 | lakes, dams, emergency response facilities of all types, | ||||||
17 | and all other major public or private structures which are | ||||||
18 | at the greatest risk of damage from earthquakes under | ||||||
19 | circumstances where the damage would cause subsequent harm | ||||||
20 | to the surrounding communities and residents. | ||||||
21 | (10) Disseminate all information, completely and | ||||||
22 | without delay, on water levels for rivers and streams and | ||||||
23 | any other data pertaining to potential flooding supplied | ||||||
24 | by the Division of Water Resources within the Department | ||||||
25 | of Natural Resources to all political subdivisions to the | ||||||
26 | maximum extent possible. |
| |||||||
| |||||||
1 | (11) Develop agreements, if feasible, with medical | ||||||
2 | supply and equipment firms to supply resources as are | ||||||
3 | necessary to respond to an earthquake or any other | ||||||
4 | disaster as defined in this Act. These resources will be | ||||||
5 | made available upon notifying the vendor of the disaster. | ||||||
6 | Payment for the resources will be in accordance with | ||||||
7 | Section 7 of this Act. The Illinois Department of Public | ||||||
8 | Health shall determine which resources will be required | ||||||
9 | and requested. | ||||||
10 | (11.5) In coordination with the Illinois State Police, | ||||||
11 | develop and implement a community outreach program to | ||||||
12 | promote awareness among the State's parents and children | ||||||
13 | of child abduction prevention and response. | ||||||
14 | (12) Out of funds appropriated for these purposes, | ||||||
15 | award capital and non-capital grants to Illinois hospitals | ||||||
16 | or health care facilities located outside of a city with a | ||||||
17 | population in excess of 1,000,000 to be used for purposes | ||||||
18 | that include, but are not limited to, preparing to respond | ||||||
19 | to mass casualties and disasters, maintaining and | ||||||
20 | improving patient safety and quality of care, and | ||||||
21 | protecting the confidentiality of patient information. No | ||||||
22 | single grant for a capital expenditure shall exceed | ||||||
23 | $300,000. No single grant for a non-capital expenditure | ||||||
24 | shall exceed $100,000. In awarding such grants, preference | ||||||
25 | shall be given to hospitals that serve a significant | ||||||
26 | number of Medicaid recipients, but do not qualify for |
| |||||||
| |||||||
1 | disproportionate share hospital adjustment payments under | ||||||
2 | the Illinois Public Aid Code. To receive such a grant, a | ||||||
3 | hospital or health care facility must provide funding of | ||||||
4 | at least 50% of the cost of the project for which the grant | ||||||
5 | is being requested. In awarding such grants the Illinois | ||||||
6 | Emergency Management Agency shall consider the | ||||||
7 | recommendations of the Illinois Hospital Association. | ||||||
8 | (13) Do all other things necessary, incidental or | ||||||
9 | appropriate for the implementation of this Act. | ||||||
10 | (g) The Illinois Emergency Management Agency is authorized | ||||||
11 | to make grants to various higher education institutions, | ||||||
12 | public K-12 school districts, area vocational centers as | ||||||
13 | designated by the State Board of Education, inter-district | ||||||
14 | special education cooperatives, regional safe schools, and | ||||||
15 | nonpublic K-12 schools for safety and security improvements. | ||||||
16 | For the purpose of this subsection (g), "higher education | ||||||
17 | institution" means a public university, a public community | ||||||
18 | college, or an independent, not-for-profit or for-profit | ||||||
19 | higher education institution located in this State. Grants | ||||||
20 | made under this subsection (g) shall be paid out of moneys | ||||||
21 | appropriated for that purpose from the Build Illinois Bond | ||||||
22 | Fund. The Illinois Emergency Management Agency shall adopt | ||||||
23 | rules to implement this subsection (g). These rules may | ||||||
24 | specify: (i) the manner of applying for grants; (ii) project | ||||||
25 | eligibility requirements; (iii) restrictions on the use of | ||||||
26 | grant moneys; (iv) the manner in which the various higher |
| |||||||
| |||||||
1 | education institutions must account for the use of grant | ||||||
2 | moneys; and (v) any other provision that the Illinois | ||||||
3 | Emergency Management Agency determines to be necessary or | ||||||
4 | useful for the administration of this subsection (g). | ||||||
5 | (g-5) The Illinois Emergency Management Agency is | ||||||
6 | authorized to make grants to not-for-profit organizations | ||||||
7 | which are exempt from federal income taxation under section | ||||||
8 | 501(c)(3) of the Federal Internal Revenue Code for eligible | ||||||
9 | security improvements that assist the organization in | ||||||
10 | preventing, preparing for, or responding to threats, attacks, | ||||||
11 | or acts of terrorism. To be eligible for a grant under the | ||||||
12 | program, the Agency must determine that the organization is at | ||||||
13 | a high risk of being subject to threats, attacks, or acts of | ||||||
14 | terrorism based on the organization's profile, ideology, | ||||||
15 | mission, or beliefs. Eligible security improvements shall | ||||||
16 | include all eligible preparedness activities under the federal | ||||||
17 | Nonprofit Security Grant Program, including, but not limited | ||||||
18 | to, physical security upgrades, security training exercises, | ||||||
19 | preparedness training exercises, contracting with security | ||||||
20 | personnel, and any other security upgrades deemed eligible by | ||||||
21 | the Director. Eligible security improvements shall not | ||||||
22 | duplicate, in part or in whole, a project included under any | ||||||
23 | awarded federal grant or in a pending federal application. The | ||||||
24 | Director shall establish procedures and forms by which | ||||||
25 | applicants may apply for a grant and procedures for | ||||||
26 | distributing grants to recipients. Any security improvements |
| |||||||
| |||||||
1 | awarded shall remain at the physical property listed in the | ||||||
2 | grant application, unless authorized by Agency rule or | ||||||
3 | approved by the Agency in writing. The procedures shall | ||||||
4 | require each applicant to do the following: | ||||||
5 | (1) identify and substantiate prior or current | ||||||
6 | threats, attacks, or acts of terrorism against the | ||||||
7 | not-for-profit organization; | ||||||
8 | (2) indicate the symbolic or strategic value of one or | ||||||
9 | more sites that renders the site a possible target of a | ||||||
10 | threat, attack, or act of terrorism; | ||||||
11 | (3) discuss potential consequences to the organization | ||||||
12 | if the site is damaged, destroyed, or disrupted by a | ||||||
13 | threat, attack, or act of terrorism; | ||||||
14 | (4) describe how the grant will be used to integrate | ||||||
15 | organizational preparedness with broader State and local | ||||||
16 | preparedness efforts, as described by the Agency in each | ||||||
17 | Notice of Opportunity for Funding; | ||||||
18 | (5) submit (i) a vulnerability assessment conducted by | ||||||
19 | experienced security, law enforcement, or military | ||||||
20 | personnel, or conducted using an Agency-approved or | ||||||
21 | federal Nonprofit Security Grant Program self-assessment | ||||||
22 | tool, and (ii) a description of how the grant award will be | ||||||
23 | used to address the vulnerabilities identified in the | ||||||
24 | assessment; and | ||||||
25 | (6) submit any other relevant information as may be | ||||||
26 | required by the Director. |
| |||||||
| |||||||
1 | The Agency is authorized to use funds appropriated for the | ||||||
2 | grant program described in this subsection (g-5) to administer | ||||||
3 | the program. Any Agency Notice of Opportunity for Funding, | ||||||
4 | proposed or final rulemaking, guidance, training opportunity, | ||||||
5 | or other resource related to the grant program must be | ||||||
6 | published on the Agency's publicly available website, and any | ||||||
7 | announcements related to funding shall be shared with all | ||||||
8 | State legislative offices, the Governor's office, emergency | ||||||
9 | services and disaster agencies mandated or required pursuant | ||||||
10 | to subsections (b) through (d) of Section 10, and any other | ||||||
11 | State agencies as determined by the Agency. Subject to | ||||||
12 | appropriation, the grant application period shall be open for | ||||||
13 | no less than 45 calendar days during the first application | ||||||
14 | cycle each fiscal year, unless the Agency determines that a | ||||||
15 | shorter period is necessary to avoid conflicts with the annual | ||||||
16 | federal Nonprofit Security Grant Program funding cycle. | ||||||
17 | Additional application cycles may be conducted during the same | ||||||
18 | fiscal year, subject to availability of funds. Upon request, | ||||||
19 | Agency staff shall provide reasonable assistance to any | ||||||
20 | applicant in completing a grant application or meeting a | ||||||
21 | post-award requirement. | ||||||
22 | The Agency shall adopt rules or procedures by which | ||||||
23 | grantees under this subsection (g-5) may receive a working | ||||||
24 | capital advance of initial start-up costs and up to 2 months of | ||||||
25 | program expenses, not to exceed 25% of the total award amount, | ||||||
26 | if, during the application process, the grantee demonstrates a |
| |||||||
| |||||||
1 | need for funds to commence a project. The remaining funds must | ||||||
2 | be paid through reimbursement after the grantee presents | ||||||
3 | sufficient supporting documentation of expenditures for | ||||||
4 | eligible activities. | ||||||
5 | (h) Except as provided in Section 17.5 of this Act, any | ||||||
6 | moneys received by the Agency from donations or sponsorships | ||||||
7 | unrelated to a disaster shall be deposited in the Emergency | ||||||
8 | Planning and Training Fund and used by the Agency, subject to | ||||||
9 | appropriation, to effectuate planning and training activities. | ||||||
10 | Any moneys received by the Agency from donations during a | ||||||
11 | disaster and intended for disaster response or recovery shall | ||||||
12 | be deposited into the Disaster Response and Recovery Fund and | ||||||
13 | used for disaster response and recovery pursuant to the | ||||||
14 | Disaster Relief Act. | ||||||
15 | (i) The Illinois Emergency Management Agency may by rule | ||||||
16 | assess and collect reasonable fees for attendance at | ||||||
17 | Agency-sponsored conferences to enable the Agency to carry out | ||||||
18 | the requirements of this Act. Any moneys received under this | ||||||
19 | subsection shall be deposited in the Emergency Planning and | ||||||
20 | Training Fund and used by the Agency, subject to | ||||||
21 | appropriation, for planning and training activities. | ||||||
22 | (j) The Illinois Emergency Management Agency is authorized | ||||||
23 | to make grants to other State agencies, public universities, | ||||||
24 | units of local government, and statewide mutual aid | ||||||
25 | organizations to enhance statewide emergency preparedness and | ||||||
26 | response. |
| |||||||
| |||||||
1 | (Source: P.A. 102-16, eff. 6-17-21; 102-538, eff. 8-20-21; | ||||||
2 | 102-813, eff. 5-13-22; 102-1115, eff. 1-9-23; 103-418, eff. | ||||||
3 | 1-1-24 .) | ||||||
4 | Section 3-15. The State Finance Act is amended by changing | ||||||
5 | Section 6z-129 as follows: | ||||||
6 | (30 ILCS 105/6z-129) | ||||||
7 | Sec. 6z-129. Horse Racing Purse Equity Fund. The Horse | ||||||
8 | Racing Purse Equity Fund is a nonappropriated trust fund held | ||||||
9 | outside of the State treasury. Within 30 calendar days after | ||||||
10 | funds are deposited in the Horse Racing Purse Equity Fund and | ||||||
11 | the applicable grant agreement is executed, whichever is | ||||||
12 | later, the Department of Agriculture shall transfer the entire | ||||||
13 | balance in the Fund to the organization licensees that hold | ||||||
14 | purse moneys that support each of the legally recognized | ||||||
15 | horsemen's associations that have contracted with an | ||||||
16 | organization licensee over the immediately preceding 3 | ||||||
17 | calendar years under subsection (d) of Section 29 of the | ||||||
18 | Illinois Horse Racing Act of 1975. The 2024 2023 division of | ||||||
19 | such fund balance among the qualifying purse accounts shall be | ||||||
20 | pursuant to the 2021 agreement of the involved horsemen | ||||||
21 | associations with 45% being allocated to the thoroughbred | ||||||
22 | purse account at a racetrack located in Stickney Township in | ||||||
23 | Cook County, 30% being allocated to the harness purse account | ||||||
24 | at a racetrack located in Stickney Township in Cook County, |
| |||||||
| |||||||
1 | and 25% being allocated to the thoroughbred purse account at a | ||||||
2 | racetrack located in Madison County. Transfers may be made to | ||||||
3 | an organization licensee that has one or more executed grant | ||||||
4 | agreements while the other organization licensee awaits | ||||||
5 | finalization and execution of its grant agreement or | ||||||
6 | agreements. All funds transferred to purse accounts pursuant | ||||||
7 | to this Section shall be for the sole purpose of augmenting | ||||||
8 | future purses during State fiscal year 2025 2024 . For purposes | ||||||
9 | of this Section, a legally recognized horsemen association is | ||||||
10 | that horsemen association representing the largest number of | ||||||
11 | owners, trainers, jockeys or Standardbred drivers who race | ||||||
12 | horses at an Illinois organization licensee and that enter | ||||||
13 | into agreements with Illinois organization licenses to govern | ||||||
14 | the racing meet and that also provide required consents | ||||||
15 | pursuant to the Illinois Horse Racing Act of 1975. | ||||||
16 | (Source: P.A. 102-16, eff. 6-17-21; 103-8, eff. 7-1-23.) | ||||||
17 | Section 3-20. The Illinois Estate and Generation-Skipping | ||||||
18 | Transfer Tax Act is amended by changing Section 16 as follows: | ||||||
19 | (35 ILCS 405/16) (from Ch. 120, par. 405A-16) | ||||||
20 | Sec. 16. Duty of Attorney General; failure to pay tax; | ||||||
21 | proceedings. | ||||||
22 | (a) Duty of the Attorney General. It is the duty of the | ||||||
23 | Attorney General to exercise general supervision over the | ||||||
24 | assessment and collection of the tax provided in this Act, and |
| |||||||
| |||||||
1 | in the discharge of that duty, the Attorney General may | ||||||
2 | prescribe rules and regulations as are deemed necessary and | ||||||
3 | may institute and prosecute suits and proceedings as may be | ||||||
4 | necessary and proper, appearing therein for that purpose; and | ||||||
5 | it shall be the duty of the several State's Attorneys to render | ||||||
6 | assistance when requested by the Attorney General to do so. | ||||||
7 | The Attorney General shall determine and assess the tax as | ||||||
8 | provided for in this Act. | ||||||
9 | (b) Disclosure of federal return information. When receipt | ||||||
10 | of estate tax information from the Internal Revenue Service | ||||||
11 | under the Agreement on Coordination of Tax Administration | ||||||
12 | between the Internal Revenue Service and the Attorney General | ||||||
13 | discloses possible Illinois estate tax liability, any person | ||||||
14 | possessing federal estate tax information shall be required to | ||||||
15 | submit such information to the Attorney General upon request | ||||||
16 | to enable the Attorney General to audit the return or Internal | ||||||
17 | Revenue Service audit adjustments and to determine whether any | ||||||
18 | tax, penalty, or interest is due the State of Illinois where | ||||||
19 | such return information has not been filed with the Attorney | ||||||
20 | General. A claim of confidentiality under Section 48.1 of the | ||||||
21 | Illinois Banking Act shall not prohibit or preclude the | ||||||
22 | dissemination of tax information required under this Section | ||||||
23 | and shall not constitute grounds for failing or refusing to | ||||||
24 | surrender such tax information to the Attorney General in the | ||||||
25 | administration and enforcement of this Act. Any tax | ||||||
26 | information submitted in compliance with this Section shall be |
| |||||||
| |||||||
1 | treated and afforded with the same confidentiality as a return | ||||||
2 | filed under the Act. | ||||||
3 | (c) The Attorney General shall submit estate tax data to | ||||||
4 | the Commission on Government Forecasting and Accountability on | ||||||
5 | a quarterly basis starting July 1, 2024. The Commission shall | ||||||
6 | compile this data and publish a semi-annual report of estate | ||||||
7 | tax collections for the period beginning July 1, 2024 and | ||||||
8 | ending June 30, 2027, with the first report published in | ||||||
9 | January of 2025 and subsequent reports being published every 6 | ||||||
10 | months thereafter. Data that is required to be submitted by | ||||||
11 | the Attorney General to the Commission and for use in the | ||||||
12 | published reports shall be determined by the Commission. | ||||||
13 | (Source: P.A. 91-150, eff. 7-16-99.) | ||||||
14 | Section 3-22. The Illinois Pension Code is amended by | ||||||
15 | changing Sections 16-150.1 and 17-149, as follows: | ||||||
16 | (40 ILCS 5/16-150.1) | ||||||
17 | Sec. 16-150.1. Return to teaching in subject shortage | ||||||
18 | area. | ||||||
19 | (a) As used in this Section, "eligible employment" means | ||||||
20 | employment beginning on or after July 1, 2003 and ending no | ||||||
21 | later than June 30, 2027 2024 , in a subject shortage area at a | ||||||
22 | qualified school, in a position requiring certification under | ||||||
23 | the law governing the certification of teachers. | ||||||
24 | As used in this Section, "qualified school" means a public |
| |||||||
| |||||||
1 | elementary or secondary school that meets all of the following | ||||||
2 | requirements: | ||||||
3 | (1) At the time of hiring a retired teacher under this | ||||||
4 | Section, the school is experiencing a shortage of teachers | ||||||
5 | in the subject shortage area for which the teacher is | ||||||
6 | hired. | ||||||
7 | (2) The school district to which the school belongs | ||||||
8 | has complied with the requirements of subsection (e), and | ||||||
9 | the regional superintendent has certified that compliance | ||||||
10 | to the System. | ||||||
11 | (3) If the school district to which the school belongs | ||||||
12 | provides group health benefits for its teachers generally, | ||||||
13 | substantially similar health benefits are made available | ||||||
14 | for teachers participating in the program under this | ||||||
15 | Section, without any limitations based on pre-existing | ||||||
16 | conditions. | ||||||
17 | (b) An annuitant receiving a retirement annuity under this | ||||||
18 | Article (other than a disability retirement annuity) may | ||||||
19 | engage in eligible employment at a qualified school without | ||||||
20 | impairing his or her retirement status or retirement annuity, | ||||||
21 | subject to the following conditions: | ||||||
22 | (1) the eligible employment does not begin within the | ||||||
23 | school year during which service was terminated; | ||||||
24 | (2) the annuitant has not received any early | ||||||
25 | retirement incentive under Section 16-133.3, 16-133.4, or | ||||||
26 | 16-133.5; |
| |||||||
| |||||||
1 | (3) if the annuitant retired before age 60 and with | ||||||
2 | less than 34 years of service, the eligible employment | ||||||
3 | does not begin within the year following the effective | ||||||
4 | date of the retirement annuity; | ||||||
5 | (4) if the annuitant retired at age 60 or above or with | ||||||
6 | 34 or more years of service, the eligible employment does | ||||||
7 | not begin within the 90 days following the effective date | ||||||
8 | of the retirement annuity; and | ||||||
9 | (5) before the eligible employment begins, the | ||||||
10 | employer notifies the System in writing of the annuitant's | ||||||
11 | desire to participate in the program established under | ||||||
12 | this Section. | ||||||
13 | (c) An annuitant engaged in eligible employment in | ||||||
14 | accordance with subsection (b) shall be deemed a participant | ||||||
15 | in the program established under this Section for so long as he | ||||||
16 | or she remains employed in eligible employment. | ||||||
17 | (d) A participant in the program established under this | ||||||
18 | Section continues to be a retirement annuitant, rather than an | ||||||
19 | active teacher, for all of the purposes of this Code, but shall | ||||||
20 | be deemed an active teacher for other purposes, such as | ||||||
21 | inclusion in a collective bargaining unit, eligibility for | ||||||
22 | group health benefits, and compliance with the laws governing | ||||||
23 | the employment, regulation, certification, treatment, and | ||||||
24 | conduct of teachers. | ||||||
25 | With respect to an annuitant's eligible employment under | ||||||
26 | this Section, neither employee nor employer contributions |
| |||||||
| |||||||
1 | shall be made to the System and no additional service credit | ||||||
2 | shall be earned. Eligible employment does not affect the | ||||||
3 | annuitant's final average salary or the amount of the | ||||||
4 | retirement annuity. | ||||||
5 | (e) Before hiring a teacher under this Section, the school | ||||||
6 | district to which the school belongs must do the following: | ||||||
7 | (1) If the school district to which the school belongs | ||||||
8 | has honorably dismissed, within the calendar year | ||||||
9 | preceding the beginning of the school term for which it | ||||||
10 | seeks to employ a retired teacher under the program | ||||||
11 | established in this Section, any teachers who are legally | ||||||
12 | qualified to hold positions in the subject shortage area | ||||||
13 | and have not yet begun to receive their retirement | ||||||
14 | annuities under this Article, the vacant positions must | ||||||
15 | first be tendered to those teachers. | ||||||
16 | (2) For a period of at least 90 days during the 6 | ||||||
17 | months preceding the beginning of either the fall or | ||||||
18 | spring term for which it seeks to employ a retired teacher | ||||||
19 | under the program established in this Section, the school | ||||||
20 | district must, on an ongoing basis, (i) advertise its | ||||||
21 | vacancies in the subject shortage area in employment | ||||||
22 | bulletins published by college and university placement | ||||||
23 | offices located near the school; (ii) search for teachers | ||||||
24 | legally qualified to fill those vacancies through the | ||||||
25 | Illinois Education Job Bank; and (iii) post all vacancies | ||||||
26 | on the school district's website and list the vacancy in |
| |||||||
| |||||||
1 | an online job portal or database. | ||||||
2 | A school district replacing a teacher who is unable to | ||||||
3 | continue employment with the school district because of | ||||||
4 | documented illness, injury, or disability that occurred after | ||||||
5 | being hired by a school district under this Section shall be | ||||||
6 | exempt from the provisions of paragraph (2) for 90 school | ||||||
7 | days. However, the school district must on an ongoing basis | ||||||
8 | comply with items (i), (ii), and (iii) of paragraph (2). | ||||||
9 | The school district must submit documentation of its | ||||||
10 | compliance with this subsection to the regional | ||||||
11 | superintendent. Upon receiving satisfactory documentation from | ||||||
12 | the school district, the regional superintendent shall certify | ||||||
13 | the district's compliance with this subsection to the System. | ||||||
14 | (f) This Section applies without regard to whether the | ||||||
15 | annuitant was in service on or after the effective date of this | ||||||
16 | amendatory Act of the 93rd General Assembly. | ||||||
17 | (Source: P.A. 101-49, eff. 7-12-19; 102-440, eff. 8-20-21.) | ||||||
18 | (40 ILCS 5/17-149) (from Ch. 108 1/2, par. 17-149) | ||||||
19 | Sec. 17-149. Cancellation of pensions. | ||||||
20 | (a) If any person receiving a disability retirement | ||||||
21 | pension from the Fund is re-employed as a teacher by an | ||||||
22 | Employer, the pension shall be cancelled on the date the | ||||||
23 | re-employment begins, or on the first day of a payroll period | ||||||
24 | for which service credit was validated, whichever is earlier. | ||||||
25 | (b) If any person receiving a service retirement pension |
| |||||||
| |||||||
1 | from the Fund is re-employed as a teacher on a permanent or | ||||||
2 | annual basis by an Employer, the pension shall be cancelled on | ||||||
3 | the date the re-employment begins, or on the first day of a | ||||||
4 | payroll period for which service credit was validated, | ||||||
5 | whichever is earlier. However, subject to the limitations and | ||||||
6 | requirements of subsection (c-5), (c-6), (c-7), or (c-10), the | ||||||
7 | pension shall not be cancelled in the case of a service | ||||||
8 | retirement pensioner who is re-employed on a temporary and | ||||||
9 | non-annual basis or on an hourly basis. | ||||||
10 | (c) If the date of re-employment on a permanent or annual | ||||||
11 | basis occurs within 5 school months after the date of previous | ||||||
12 | retirement, exclusive of any vacation period, the member shall | ||||||
13 | be deemed to have been out of service only temporarily and not | ||||||
14 | permanently retired. Such person shall be entitled to pension | ||||||
15 | payments for the time he could have been employed as a teacher | ||||||
16 | and received salary, but shall not be entitled to pension for | ||||||
17 | or during the summer vacation prior to his return to service. | ||||||
18 | When the member again retires on pension, the time of | ||||||
19 | service and the money contributed by him during re-employment | ||||||
20 | shall be added to the time and money previously credited. Such | ||||||
21 | person must acquire 3 consecutive years of additional | ||||||
22 | contributing service before he may retire again on a pension | ||||||
23 | at a rate and under conditions other than those in force or | ||||||
24 | attained at the time of his previous retirement. | ||||||
25 | (c-5) For school years beginning on or after July 1, 2019 | ||||||
26 | and before July 1, 2022, the service retirement pension shall |
| |||||||
| |||||||
1 | not be cancelled in the case of a service retirement pensioner | ||||||
2 | who is re-employed as a teacher on a temporary and non-annual | ||||||
3 | basis or on an hourly basis, so long as the person (1) does not | ||||||
4 | work as a teacher for compensation on more than 120 days in a | ||||||
5 | school year or (2) does not accept gross compensation for the | ||||||
6 | re-employment in a school year in excess of (i) $30,000 or (ii) | ||||||
7 | in the case of a person who retires with at least 5 years of | ||||||
8 | service as a principal, an amount that is equal to the daily | ||||||
9 | rate normally paid to retired principals multiplied by 100. | ||||||
10 | These limitations apply only to school years that begin on or | ||||||
11 | after July 1, 2019 and before July 1, 2022. Such re-employment | ||||||
12 | does not require contributions, result in service credit, or | ||||||
13 | constitute active membership in the Fund. | ||||||
14 | The service retirement pension shall not be cancelled in | ||||||
15 | the case of a service retirement pensioner who is re-employed | ||||||
16 | as a teacher on a temporary and non-annual basis or on an | ||||||
17 | hourly basis, so long as the person (1) does not work as a | ||||||
18 | teacher for compensation on more than 100 days in a school year | ||||||
19 | or (2) does not accept gross compensation for the | ||||||
20 | re-employment in a school year in excess of (i) $30,000 or (ii) | ||||||
21 | in the case of a person who retires with at least 5 years of | ||||||
22 | service as a principal, an amount that is equal to the daily | ||||||
23 | rate normally paid to retired principals multiplied by 100. | ||||||
24 | These limitations apply only to school years that begin on or | ||||||
25 | after August 8, 2012 (the effective date of Public Act 97-912) | ||||||
26 | and before July 1, 2019. Such re-employment does not require |
| |||||||
| |||||||
1 | contributions, result in service credit, or constitute active | ||||||
2 | membership in the Fund. | ||||||
3 | Notwithstanding the 120-day limit set forth in item (1) of | ||||||
4 | this subsection (c-5), the service retirement pension shall | ||||||
5 | not be cancelled in the case of a service retirement pensioner | ||||||
6 | who teaches only driver education courses after regular school | ||||||
7 | hours and does not teach any other subject area, so long as the | ||||||
8 | person does not work as a teacher for compensation for more | ||||||
9 | than 900 hours in a school year. The $30,000 limit set forth in | ||||||
10 | subitem (i) of item (2) of this subsection (c-5) shall apply to | ||||||
11 | a service retirement pensioner who teaches only driver | ||||||
12 | education courses after regular school hours and does not | ||||||
13 | teach any other subject area. | ||||||
14 | To be eligible for such re-employment without cancellation | ||||||
15 | of pension, the pensioner must notify the Fund and the Board of | ||||||
16 | Education of his or her intention to accept re-employment | ||||||
17 | under this subsection (c-5) before beginning that | ||||||
18 | re-employment (or if the re-employment began before August 8, | ||||||
19 | 2012 (the effective date of Public Act 97-912), then within 30 | ||||||
20 | days after that effective date). | ||||||
21 | An Employer must certify to the Fund the temporary and | ||||||
22 | non-annual or hourly status and the compensation of each | ||||||
23 | pensioner re-employed under this subsection at least | ||||||
24 | quarterly, and when the pensioner is approaching the earnings | ||||||
25 | limitation under this subsection. | ||||||
26 | If the pensioner works more than 100 days or accepts |
| |||||||
| |||||||
1 | excess gross compensation for such re-employment in any school | ||||||
2 | year that begins on or after August 8, 2012 (the effective date | ||||||
3 | of Public Act 97-912), the service retirement pension shall | ||||||
4 | thereupon be cancelled. | ||||||
5 | If the pensioner who only teaches drivers education | ||||||
6 | courses after regular school hours works more than 900 hours | ||||||
7 | or accepts excess gross compensation for such re-employment in | ||||||
8 | any school year that begins on or after August 12, 2016 (the | ||||||
9 | effective date of Public Act 99-786), the service retirement | ||||||
10 | pension shall thereupon be cancelled. | ||||||
11 | If the pensioner works more than 120 days or accepts | ||||||
12 | excess gross compensation for such re-employment in any school | ||||||
13 | year that begins on or after July 1, 2019, the service | ||||||
14 | retirement pension shall thereupon be cancelled. | ||||||
15 | The Board of the Fund shall adopt rules for the | ||||||
16 | implementation and administration of this subsection. | ||||||
17 | (c-6) For school years beginning on or after July 1, 2022 | ||||||
18 | and before July 1, 2027 2024 , the service retirement pension | ||||||
19 | shall not be cancelled in the case of a service retirement | ||||||
20 | pensioner who is re-employed as a teacher or an administrator | ||||||
21 | on a temporary and non-annual basis or on an hourly basis, so | ||||||
22 | long as the person does not work as a teacher or an | ||||||
23 | administrator for compensation on more than 140 days in a | ||||||
24 | school year. Such re-employment does not require | ||||||
25 | contributions, result in service credit, or constitute active | ||||||
26 | membership in the Fund. |
| |||||||
| |||||||
1 | (c-7) For school years beginning on or after July 1, 2027 | ||||||
2 | 2024 , the service retirement pension shall not be cancelled in | ||||||
3 | the case of a service retirement pensioner who is re-employed | ||||||
4 | as a teacher or an administrator on a temporary and non-annual | ||||||
5 | basis or on an hourly basis, so long as the person does not | ||||||
6 | work as a teacher or an administrator for compensation on more | ||||||
7 | than 120 days in a school year. Such re-employment does not | ||||||
8 | require contributions, result in service credit, or constitute | ||||||
9 | active membership in the Fund. | ||||||
10 | (c-10) Until June 30, 2027 2024 , the service retirement | ||||||
11 | pension of a service retirement pensioner shall not be | ||||||
12 | cancelled if the service retirement pensioner is employed in a | ||||||
13 | subject shortage area and the Employer that is employing the | ||||||
14 | service retirement pensioner meets the following requirements: | ||||||
15 | (1) If the Employer has honorably dismissed, within | ||||||
16 | the calendar year preceding the beginning of the school | ||||||
17 | term for which it seeks to employ a service retirement | ||||||
18 | pensioner under this subsection, any teachers who are | ||||||
19 | legally qualified to hold positions in the subject | ||||||
20 | shortage area and have not yet begun to receive their | ||||||
21 | service retirement pensions under this Article, the vacant | ||||||
22 | positions must first be tendered to those teachers. | ||||||
23 | (2) For a period of at least 90 days during the 6 | ||||||
24 | months preceding the beginning of either the fall or | ||||||
25 | spring term for which it seeks to employ a service | ||||||
26 | retirement pensioner under this subsection, the Employer |
| |||||||
| |||||||
1 | must, on an ongoing basis, (i) advertise its vacancies in | ||||||
2 | the subject shortage area in employment bulletins | ||||||
3 | published by college and university placement offices | ||||||
4 | located near the school; (ii) search for teachers legally | ||||||
5 | qualified to fill those vacancies through the Illinois | ||||||
6 | Education Job Bank; and (iii) post all vacancies on the | ||||||
7 | Employer's website and list the vacancy in an online job | ||||||
8 | portal or database. | ||||||
9 | An Employer of a teacher who is unable to continue | ||||||
10 | employment with the Employer because of documented illness, | ||||||
11 | injury, or disability that occurred after being hired by the | ||||||
12 | Employer under this subsection is exempt from the provisions | ||||||
13 | of paragraph (2) for 90 school days. However, the Employer | ||||||
14 | must on an ongoing basis comply with items (i), (ii), and (iii) | ||||||
15 | of paragraph (2). | ||||||
16 | The Employer must submit documentation of its compliance | ||||||
17 | with this subsection to the regional superintendent. Upon | ||||||
18 | receiving satisfactory documentation from the Employer, the | ||||||
19 | regional superintendent shall certify the Employer's | ||||||
20 | compliance with this subsection to the Fund. | ||||||
21 | (d) Notwithstanding Sections 1-103.1 and 17-157, the | ||||||
22 | changes to this Section made by Public Act 90-32 apply without | ||||||
23 | regard to whether termination of service occurred before the | ||||||
24 | effective date of that Act and apply retroactively to August | ||||||
25 | 23, 1989. | ||||||
26 | Notwithstanding Sections 1-103.1 and 17-157, the changes |
| |||||||
| |||||||
1 | to this Section and Section 17-106 made by Public Act 92-599 | ||||||
2 | apply without regard to whether termination of service | ||||||
3 | occurred before June 28, 2002 (the effective date of Public | ||||||
4 | Act 92-599). | ||||||
5 | Notwithstanding Sections 1-103.1 and 17-157, the changes | ||||||
6 | to this Section made by Public Act 97-912 apply without regard | ||||||
7 | to whether termination of service occurred before August 8, | ||||||
8 | 2012 (the effective date of Public Act 97-912). | ||||||
9 | (Source: P.A. 102-1013, eff. 5-27-22; 102-1090, eff. 6-10-22; | ||||||
10 | 103-154, eff. 6-30-23.) | ||||||
11 | Section 3-25. The Law Enforcement Camera Grant Act is | ||||||
12 | amended by changing Section 10 as follows: | ||||||
13 | (50 ILCS 707/10) | ||||||
14 | Sec. 10. Law Enforcement Camera Grant Fund; creation, | ||||||
15 | rules. | ||||||
16 | (a) The Law Enforcement Camera Grant Fund is created as a | ||||||
17 | special fund in the State treasury. From appropriations to the | ||||||
18 | Board from the Fund, the Board must make grants to units of | ||||||
19 | local government in Illinois and Illinois public universities | ||||||
20 | for the purpose of (1) purchasing or leasing in-car video | ||||||
21 | cameras for use in law enforcement vehicles, (2) purchasing or | ||||||
22 | leasing officer-worn body cameras and associated technology | ||||||
23 | for law enforcement officers, and (3) training for law | ||||||
24 | enforcement officers in the operation of the cameras. Grants |
| |||||||
| |||||||
1 | under this Section may be used to offset data storage and | ||||||
2 | related licensing costs for officer-worn body cameras. For the | ||||||
3 | purposes of this Section, "purchasing or leasing" includes | ||||||
4 | providing funding to units of local government in advance that | ||||||
5 | can be used to obtain this equipment rather than only for | ||||||
6 | reimbursement of purchased equipment. | ||||||
7 | Moneys received for the purposes of this Section, | ||||||
8 | including, without limitation, fee receipts and gifts, grants, | ||||||
9 | and awards from any public or private entity, must be | ||||||
10 | deposited into the Fund. Any interest earned on moneys in the | ||||||
11 | Fund must be deposited into the Fund. | ||||||
12 | (b) The Board may set requirements for the distribution of | ||||||
13 | grant moneys and determine which law enforcement agencies are | ||||||
14 | eligible. | ||||||
15 | (b-5) The Board shall consider compliance with the Uniform | ||||||
16 | Crime Reporting Act as a factor in awarding grant moneys. | ||||||
17 | (c) (Blank). | ||||||
18 | (d) (Blank). | ||||||
19 | (e) (Blank). | ||||||
20 | (f) (Blank). | ||||||
21 | (g) (Blank). | ||||||
22 | (h) (Blank). | ||||||
23 | (Source: P.A. 102-16, eff. 6-17-21; 102-1104, eff. 12-6-22.) | ||||||
24 | Section 3-27. The Illinois Library System Act is amended | ||||||
25 | by changing Section 8 as follows: |
| |||||||
| |||||||
1 | (75 ILCS 10/8) (from Ch. 81, par. 118) | ||||||
2 | Sec. 8. State grants. | ||||||
3 | (a) There shall be a program of State grants within the | ||||||
4 | limitations of funds appropriated by the Illinois General | ||||||
5 | Assembly together with other funds made available by the | ||||||
6 | federal government or other sources for this purpose. This | ||||||
7 | program of State grants shall be administered by the State | ||||||
8 | Librarian in accordance with rules and regulations as provided | ||||||
9 | in Section 3 of this Act and shall include the following: (i) | ||||||
10 | annual equalization grants; (ii) Library System grants; (iii) | ||||||
11 | per capita grants to public libraries; and (iv) planning and | ||||||
12 | construction grants to public libraries and library systems. | ||||||
13 | Libraries, in order to be eligible for grants under this | ||||||
14 | Section, must be members of a library system. | ||||||
15 | (b) An annual equalization grant shall be made to all | ||||||
16 | public libraries for which the corporate authorities levy a | ||||||
17 | tax for library purposes at a rate not less than .13% of the | ||||||
18 | value of all the taxable property as equalized and assessed by | ||||||
19 | the Department of Revenue if the amount of tax revenue | ||||||
20 | obtained from a rate of .13% produces less than $17.50 per | ||||||
21 | capita in property tax revenue from property taxes for Fiscal | ||||||
22 | Year 2025 (i) $4.25 per capita in property tax revenue from | ||||||
23 | property taxes for the 2006 taxable year payable in 2007 and | ||||||
24 | (ii) $7.50 per capita in property tax revenue from property | ||||||
25 | taxes for the 2007 taxable year and thereafter. In that case, |
| |||||||
| |||||||
1 | the State Librarian is authorized to make an equalization | ||||||
2 | grant equivalent to the difference between the amount obtained | ||||||
3 | from a rate of .13% and an annual income of $17.50 per capita | ||||||
4 | for grants made in Fiscal Year 2025 $4.25 per capita for grants | ||||||
5 | made through Fiscal Year 2008, and an annual income of $7.50 | ||||||
6 | per capita for grants made in Fiscal Year 2009 and thereafter. | ||||||
7 | If moneys appropriated for grants under this Section are not | ||||||
8 | sufficient, then the State Librarian shall reduce the per | ||||||
9 | capita amount of the grants so that the qualifying public | ||||||
10 | libraries receive the same amount per capita, but in no event | ||||||
11 | shall the grant be less than equivalent to the difference | ||||||
12 | between the amount of the tax revenue obtained from the | ||||||
13 | current levy and an annual income of $4.25 per capita. If a | ||||||
14 | library receiving an equalization grant reduces its tax levy | ||||||
15 | below the amount levied at the time the original application | ||||||
16 | is approved, it shall be ineligible to receive further | ||||||
17 | equalization grants. | ||||||
18 | If a library is subject to the Property Tax Extension | ||||||
19 | Limitation Law in the Property Tax Code and its tax levy for | ||||||
20 | library purposes has been lowered to a rate of less than .13%, | ||||||
21 | the library will qualify for this grant if the library levied a | ||||||
22 | tax for library purposes that met the requirements for this | ||||||
23 | grant in the previous year and if the tax levied for library | ||||||
24 | purposes in the current year produces tax revenue for the | ||||||
25 | library that is an increase over the previous year's extension | ||||||
26 | of 5% or the percentage increase in the Consumer Price Index, |
| |||||||
| |||||||
1 | whichever is less, and the tax revenue produced by this levy is | ||||||
2 | less than $17.50 per capita in property tax revenue from | ||||||
3 | property taxes for the Fiscal Year 2025 (i) $4.25 per capita in | ||||||
4 | property tax revenue from property taxes for the 2006 taxable | ||||||
5 | year payable in 2007 and (ii) $7.50 per capita in property tax | ||||||
6 | revenue from property taxes for the 2007 taxable year and | ||||||
7 | thereafter. In this case, the State Librarian is authorized to | ||||||
8 | make an equalization grant equivalent to the difference | ||||||
9 | between the amount of tax revenue obtained from the current | ||||||
10 | levy and an annual income of $17.50 per capita for grants made | ||||||
11 | in Fiscal Year 2025 $4.25 per capita for grants made through | ||||||
12 | Fiscal Year 2008, and an annual income of $7.50 per capita for | ||||||
13 | grants made in Fiscal Year 2009 and thereafter. If moneys | ||||||
14 | appropriated for grants under this Section are not sufficient, | ||||||
15 | then the State Librarian shall reduce the per capita amount of | ||||||
16 | the grants so that the qualifying public libraries receive the | ||||||
17 | same amount per capita, but in no event shall the grant be less | ||||||
18 | than equivalent to the difference between the amount of the | ||||||
19 | tax revenue obtained from the current levy and an annual | ||||||
20 | income of $4.25 per capita. If a library receiving an | ||||||
21 | equalization grant reduces its tax levy below the amount | ||||||
22 | levied at the time the original application is approved, it | ||||||
23 | shall be ineligible to receive further equalization grants. | ||||||
24 | (c) Annual Library System grants shall be made, upon | ||||||
25 | application, to each library system approved by the State | ||||||
26 | Librarian on the following basis: |
| |||||||
| |||||||
1 | (1) For library systems, the sum of $1.46 per capita | ||||||
2 | of the population of the area served plus the sum of $50.75 | ||||||
3 | per square mile or fraction thereof of the area served | ||||||
4 | except as provided in paragraph (4) of this subsection. | ||||||
5 | (2) If the amounts appropriated for grants are | ||||||
6 | different from the amount provided for in paragraph (1) of | ||||||
7 | this subsection, the area and per capita funding shall be | ||||||
8 | proportionately reduced or increased accordingly. | ||||||
9 | (3) For library systems, additional funds may be | ||||||
10 | appropriated. The appropriation shall be distributed on | ||||||
11 | the same proportional per capita and per square mile basis | ||||||
12 | as provided in paragraphs (1) and (4) of this subsection. | ||||||
13 | (4) Per capita and area funding for a multitype | ||||||
14 | library system as defined in subparagraph (3) of the | ||||||
15 | definition of "library system" in Section 2 and a public | ||||||
16 | library system in cities with a population of 500,000 or | ||||||
17 | more as defined in subparagraph (2) of the definition of | ||||||
18 | "library system" in Section 2 shall be apportioned with | ||||||
19 | 25% of the funding granted to the multitype library system | ||||||
20 | and 75% of the funding granted to the public library | ||||||
21 | system. | ||||||
22 | (d) The "area served" for the purposes of making and | ||||||
23 | expending annual Library System grants means the area that | ||||||
24 | lies within the geographic boundaries of the library system as | ||||||
25 | approved by the State Librarian, except that grant funding | ||||||
26 | awarded to a library system may also be expended for the |
| |||||||
| |||||||
1 | provision of services to members of other library systems if | ||||||
2 | such an expenditure is included in a library system's plan of | ||||||
3 | service and is approved by the State Librarian. In determining | ||||||
4 | the population of the area served by the library system, the | ||||||
5 | Illinois State Library shall use the latest federal census for | ||||||
6 | the political subdivisions in the area served. | ||||||
7 | (e) In order to be eligible for a grant under this Section, | ||||||
8 | the corporate authorities, instead of a tax levy at a | ||||||
9 | particular rate, may provide an amount equivalent to the | ||||||
10 | amount produced by that levy. | ||||||
11 | (Source: P.A. 99-186, eff. 7-29-15.) | ||||||
12 | Section 3-30. The School Code is amended by changing | ||||||
13 | Section 29-5 as follows: | ||||||
14 | (105 ILCS 5/29-5) (from Ch. 122, par. 29-5) | ||||||
15 | Sec. 29-5. Reimbursement by State for transportation. Any | ||||||
16 | school district or State-authorized charter school , | ||||||
17 | maintaining a school, transporting resident pupils to another | ||||||
18 | school district's vocational program, offered through a joint | ||||||
19 | agreement approved by the State Board of Education, as | ||||||
20 | provided in Section 10-22.22 or transporting its resident | ||||||
21 | pupils to a school which meets the standards for recognition | ||||||
22 | as established by the State Board of Education which provides | ||||||
23 | transportation meeting the standards of safety, comfort, | ||||||
24 | convenience, efficiency and operation prescribed by the State |
| |||||||
| |||||||
1 | Board of Education for resident pupils in kindergarten or any | ||||||
2 | of grades 1 through 12 who: (a) reside at least 1 1/2 miles as | ||||||
3 | measured by the customary route of travel, from the school | ||||||
4 | attended; or (b) reside in areas where conditions are such | ||||||
5 | that walking constitutes a hazard to the safety of the child | ||||||
6 | when determined under Section 29-3; and (c) are transported to | ||||||
7 | the school attended from pick-up points at the beginning of | ||||||
8 | the school day and back again at the close of the school day or | ||||||
9 | transported to and from their assigned attendance centers | ||||||
10 | during the school day , shall be reimbursed by the State as | ||||||
11 | hereinafter provided in this Section. | ||||||
12 | The State will pay the prorated allowable cost of | ||||||
13 | transporting eligible pupils less the real equalized assessed | ||||||
14 | valuation as computed under paragraph (3) of subsection (d) of | ||||||
15 | Section 18-8.15 in a dual school district maintaining | ||||||
16 | secondary grades 9 to 12 inclusive times a qualifying rate of | ||||||
17 | .05%; in elementary school districts maintaining grades K to 8 | ||||||
18 | times a qualifying rate of .06%; and in unit districts | ||||||
19 | maintaining grades K to 12, including partial elementary unit | ||||||
20 | districts formed pursuant to Article 11E, times a qualifying | ||||||
21 | rate of .07%. For a State-authorized charter school, the State | ||||||
22 | shall pay the prorated allowable cost of transporting eligible | ||||||
23 | pupils less a real equalized assessed valuation calculated | ||||||
24 | pursuant to this Section times a qualifying rate. For purposes | ||||||
25 | of calculating the real equalized assessed valuation for a | ||||||
26 | State-authorized charter school whose resident district is not |
| |||||||
| |||||||
1 | a school district organized under Article 34 of this Code, the | ||||||
2 | State Board of Education shall calculate the average of the | ||||||
3 | number of students in grades kindergarten through 12 reported | ||||||
4 | as enrolled in the charter school in the State Board's Student | ||||||
5 | Information System on October 1 and March 1 of the immediately | ||||||
6 | preceding school year. That value shall be divided by the | ||||||
7 | average of the number of students in grades kindergarten | ||||||
8 | through 12 reported as enrolled in the charter school's | ||||||
9 | resident district on October 1 and March 1 of the immediately | ||||||
10 | preceding school year. That proportion shall be multiplied by | ||||||
11 | the real equalized assessed valuation as computed under | ||||||
12 | paragraph (3) of subsection (d) of Section 18-8.15 for each | ||||||
13 | State-authorized charter school's applicable resident | ||||||
14 | district. A State-authorized charter school whose resident | ||||||
15 | district is organized under Article 34 of this Code shall have | ||||||
16 | a real equalized assessed valuation equal to the real | ||||||
17 | equalized assessed valuation of its resident district as | ||||||
18 | computed under paragraph (3) of subsection (d) of Section | ||||||
19 | 18-8.15. A State-authorized charter school's qualifying rate | ||||||
20 | shall be the same as the rate that applies to the charter | ||||||
21 | school's resident district. | ||||||
22 | To be eligible to receive reimbursement in excess of 4/5 | ||||||
23 | of the cost to transport eligible pupils, a school district or | ||||||
24 | partial elementary unit district formed pursuant to Article | ||||||
25 | 11E shall have a Transportation Fund tax rate of at least .12%. | ||||||
26 | The Transportation Fund tax rate for a partial elementary unit |
| |||||||
| |||||||
1 | district formed pursuant Article 11E shall be the combined | ||||||
2 | elementary and high school rates pursuant to paragraph (4) of | ||||||
3 | subsection (a) of Section 18-8.15. | ||||||
4 | If a school district or partial elementary unit district | ||||||
5 | formed pursuant to Article 11E does not have a .12% | ||||||
6 | Transportation Fund tax rate, the amount of its claim in | ||||||
7 | excess of 4/5 of the cost of transporting pupils shall be | ||||||
8 | reduced by the sum arrived at by subtracting the | ||||||
9 | Transportation Fund tax rate from .12% and multiplying that | ||||||
10 | amount by the district's real equalized assessed valuation as | ||||||
11 | computed under paragraph (3) of subsection (d) of Section | ||||||
12 | 18-8.15, provided that in no case shall said reduction result | ||||||
13 | in reimbursement of less than 4/5 of the cost to transport | ||||||
14 | eligible pupils. No such adjustment may be applied to a claim | ||||||
15 | filed by a State-authorized charter school. | ||||||
16 | Subject to the calculation of equalized assessed | ||||||
17 | valuation, an adjustment for an insufficient tax rate, and the | ||||||
18 | use of a qualifying rate as provided in this Section, a | ||||||
19 | State-authorized charter school may make a claim for | ||||||
20 | reimbursement by the State that is calculated in the same | ||||||
21 | manner as a school district. | ||||||
22 | The minimum amount to be received by a district is $16 | ||||||
23 | times the number of eligible pupils transported. | ||||||
24 | When calculating the reimbursement for transportation | ||||||
25 | costs, the State Board of Education may not deduct the number | ||||||
26 | of pupils enrolled in early education programs from the number |
| |||||||
| |||||||
1 | of pupils eligible for reimbursement if the pupils enrolled in | ||||||
2 | the early education programs are transported at the same time | ||||||
3 | as other eligible pupils. | ||||||
4 | Any such district transporting resident pupils during the | ||||||
5 | school day to an area vocational school or another school | ||||||
6 | district's vocational program more than 1 1/2 miles from the | ||||||
7 | school attended, as provided in Sections 10-22.20a and | ||||||
8 | 10-22.22, shall be reimbursed by the State for 4/5 of the cost | ||||||
9 | of transporting eligible pupils. | ||||||
10 | School day means that period of time during which the | ||||||
11 | pupil is required to be in attendance for instructional | ||||||
12 | purposes. | ||||||
13 | If a pupil is at a location within the school district | ||||||
14 | other than his residence for child care purposes at the time | ||||||
15 | for transportation to school, that location may be considered | ||||||
16 | for purposes of determining the 1 1/2 miles from the school | ||||||
17 | attended. | ||||||
18 | Claims for reimbursement that include children who attend | ||||||
19 | any school other than a public school shall show the number of | ||||||
20 | such children transported. | ||||||
21 | Claims for reimbursement under this Section shall not be | ||||||
22 | paid for the transportation of pupils for whom transportation | ||||||
23 | costs are claimed for payment under other Sections of this | ||||||
24 | Act. | ||||||
25 | The allowable direct cost of transporting pupils for | ||||||
26 | regular, vocational, and special education pupil |
| |||||||
| |||||||
1 | transportation shall be limited to the sum of the cost of | ||||||
2 | physical examinations required for employment as a school bus | ||||||
3 | driver; the salaries of full-time or part-time drivers and | ||||||
4 | school bus maintenance personnel; employee benefits excluding | ||||||
5 | Illinois municipal retirement payments, social security | ||||||
6 | payments, unemployment insurance payments and workers' | ||||||
7 | compensation insurance premiums; expenditures to independent | ||||||
8 | carriers who operate school buses; payments to other school | ||||||
9 | districts for pupil transportation services; pre-approved | ||||||
10 | contractual expenditures for computerized bus scheduling; | ||||||
11 | expenditures for housing assistance and homeless prevention | ||||||
12 | under Sections 1-17 and 1-18 of the Education for Homeless | ||||||
13 | Children Act that are not in excess of the school district's | ||||||
14 | actual costs for providing transportation services and are not | ||||||
15 | otherwise claimed in another State or federal grant that | ||||||
16 | permits those costs to a parent, a legal guardian, any other | ||||||
17 | person who enrolled a pupil, or a homeless assistance agency | ||||||
18 | that is part of the federal McKinney-Vento Homeless Assistance | ||||||
19 | Act's continuum of care for the area in which the district is | ||||||
20 | located; the cost of gasoline, oil, tires, and other supplies | ||||||
21 | necessary for the operation of school buses; the cost of | ||||||
22 | converting buses' gasoline engines to more fuel efficient | ||||||
23 | engines or to engines which use alternative energy sources; | ||||||
24 | the cost of travel to meetings and workshops conducted by the | ||||||
25 | regional superintendent or the State Superintendent of | ||||||
26 | Education pursuant to the standards established by the |
| |||||||
| |||||||
1 | Secretary of State under Section 6-106 of the Illinois Vehicle | ||||||
2 | Code to improve the driving skills of school bus drivers; the | ||||||
3 | cost of maintenance of school buses including parts and | ||||||
4 | materials used; expenditures for leasing transportation | ||||||
5 | vehicles, except interest and service charges; the cost of | ||||||
6 | insurance and licenses for transportation vehicles; | ||||||
7 | expenditures for the rental of transportation equipment; plus | ||||||
8 | a depreciation allowance of 20% for 5 years for school buses | ||||||
9 | and vehicles approved for transporting pupils to and from | ||||||
10 | school and a depreciation allowance of 10% for 10 years for | ||||||
11 | other transportation equipment so used. Each school year, if a | ||||||
12 | school district has made expenditures to the Regional | ||||||
13 | Transportation Authority or any of its service boards, a mass | ||||||
14 | transit district, or an urban transportation district under an | ||||||
15 | intergovernmental agreement with the district to provide for | ||||||
16 | the transportation of pupils and if the public transit carrier | ||||||
17 | received direct payment for services or passes from a school | ||||||
18 | district within its service area during the 2000-2001 school | ||||||
19 | year, then the allowable direct cost of transporting pupils | ||||||
20 | for regular, vocational, and special education pupil | ||||||
21 | transportation shall also include the expenditures that the | ||||||
22 | district has made to the public transit carrier. In addition | ||||||
23 | to the above allowable costs, school districts shall also | ||||||
24 | claim all transportation supervisory salary costs, including | ||||||
25 | Illinois municipal retirement payments, and all transportation | ||||||
26 | related building and building maintenance costs without |
| |||||||
| |||||||
1 | limitation. | ||||||
2 | Special education allowable costs shall also include | ||||||
3 | expenditures for the salaries of attendants or aides for that | ||||||
4 | portion of the time they assist special education pupils while | ||||||
5 | in transit and expenditures for parents and public carriers | ||||||
6 | for transporting special education pupils when pre-approved by | ||||||
7 | the State Superintendent of Education. | ||||||
8 | Indirect costs shall be included in the reimbursement | ||||||
9 | claim for districts which own and operate their own school | ||||||
10 | buses. Such indirect costs shall include administrative costs, | ||||||
11 | or any costs attributable to transporting pupils from their | ||||||
12 | attendance centers to another school building for | ||||||
13 | instructional purposes. No school district which owns and | ||||||
14 | operates its own school buses may claim reimbursement for | ||||||
15 | indirect costs which exceed 5% of the total allowable direct | ||||||
16 | costs for pupil transportation. | ||||||
17 | The State Board of Education shall prescribe uniform | ||||||
18 | regulations for determining the above standards and shall | ||||||
19 | prescribe forms of cost accounting and standards of | ||||||
20 | determining reasonable depreciation. Such depreciation shall | ||||||
21 | include the cost of equipping school buses with the safety | ||||||
22 | features required by law or by the rules, regulations and | ||||||
23 | standards promulgated by the State Board of Education, and the | ||||||
24 | Department of Transportation for the safety and construction | ||||||
25 | of school buses provided, however, any equipment cost | ||||||
26 | reimbursed by the Department of Transportation for equipping |
| |||||||
| |||||||
1 | school buses with such safety equipment shall be deducted from | ||||||
2 | the allowable cost in the computation of reimbursement under | ||||||
3 | this Section in the same percentage as the cost of the | ||||||
4 | equipment is depreciated. | ||||||
5 | On or before August 15, annually, the chief school | ||||||
6 | administrator for the district shall certify to the State | ||||||
7 | Superintendent of Education the district's claim for | ||||||
8 | reimbursement for the school year ending on June 30 next | ||||||
9 | preceding. The State Superintendent of Education shall check | ||||||
10 | and approve the claims and prepare the vouchers showing the | ||||||
11 | amounts due for district reimbursement claims. Each fiscal | ||||||
12 | year, the State Superintendent of Education shall prepare and | ||||||
13 | transmit the first 3 vouchers to the Comptroller on the 30th | ||||||
14 | day of September, December and March, respectively, and the | ||||||
15 | final voucher, no later than June 20. | ||||||
16 | If the amount appropriated for transportation | ||||||
17 | reimbursement is insufficient to fund total claims for any | ||||||
18 | fiscal year, the State Board of Education shall reduce each | ||||||
19 | school district's allowable costs and flat grant amount | ||||||
20 | proportionately to make total adjusted claims equal the total | ||||||
21 | amount appropriated. | ||||||
22 | For purposes of calculating claims for reimbursement under | ||||||
23 | this Section for any school year beginning July 1, 2016, the | ||||||
24 | equalized assessed valuation for a school district or partial | ||||||
25 | elementary unit district formed pursuant to Article 11E used | ||||||
26 | to compute reimbursement shall be the real equalized assessed |
| |||||||
| |||||||
1 | valuation as computed under paragraph (3) of subsection (d) of | ||||||
2 | Section 18-8.15. | ||||||
3 | All reimbursements received from the State shall be | ||||||
4 | deposited into the district's transportation fund or into the | ||||||
5 | fund from which the allowable expenditures were made. | ||||||
6 | Notwithstanding any other provision of law, any school | ||||||
7 | district receiving a payment under this Section or under | ||||||
8 | Section 14-7.02, 14-7.02b, or 14-13.01 of this Code may | ||||||
9 | classify all or a portion of the funds that it receives in a | ||||||
10 | particular fiscal year or from State aid pursuant to Section | ||||||
11 | 18-8.15 of this Code as funds received in connection with any | ||||||
12 | funding program for which it is entitled to receive funds from | ||||||
13 | the State in that fiscal year (including, without limitation, | ||||||
14 | any funding program referenced in this Section), regardless of | ||||||
15 | the source or timing of the receipt. The district may not | ||||||
16 | classify more funds as funds received in connection with the | ||||||
17 | funding program than the district is entitled to receive in | ||||||
18 | that fiscal year for that program. Any classification by a | ||||||
19 | district must be made by a resolution of its board of | ||||||
20 | education. The resolution must identify the amount of any | ||||||
21 | payments or general State aid to be classified under this | ||||||
22 | paragraph and must specify the funding program to which the | ||||||
23 | funds are to be treated as received in connection therewith. | ||||||
24 | This resolution is controlling as to the classification of | ||||||
25 | funds referenced therein. A certified copy of the resolution | ||||||
26 | must be sent to the State Superintendent of Education. The |
| |||||||
| |||||||
1 | resolution shall still take effect even though a copy of the | ||||||
2 | resolution has not been sent to the State Superintendent of | ||||||
3 | Education in a timely manner. No classification under this | ||||||
4 | paragraph by a district shall affect the total amount or | ||||||
5 | timing of money the district is entitled to receive under this | ||||||
6 | Code. No classification under this paragraph by a district | ||||||
7 | shall in any way relieve the district from or affect any | ||||||
8 | requirements that otherwise would apply with respect to that | ||||||
9 | funding program, including any accounting of funds by source, | ||||||
10 | reporting expenditures by original source and purpose, | ||||||
11 | reporting requirements, or requirements of providing services. | ||||||
12 | Any school district with a population of not more than | ||||||
13 | 500,000 must deposit all funds received under this Article | ||||||
14 | into the transportation fund and use those funds for the | ||||||
15 | provision of transportation services. | ||||||
16 | (Source: P.A. 102-539, eff. 8-20-21; 102-813, eff. 5-13-22.) | ||||||
17 | Section 3-35. The Early Childhood Access Consortium for | ||||||
18 | Equity Act is amended by changing Sections 15, 20, 25, and 30 | ||||||
19 | as follows: | ||||||
20 | (110 ILCS 28/15) | ||||||
21 | Sec. 15. Creation of Consortium; purpose; administrative | ||||||
22 | support. | ||||||
23 | (a) The Board of Higher Education and the Illinois | ||||||
24 | Community College Board shall create and establish the Early |
| |||||||
| |||||||
1 | Childhood Access Consortium for Equity. | ||||||
2 | (b) The purpose of the Consortium is to serve the needs of | ||||||
3 | the incumbent early childhood workforce and the employers of | ||||||
4 | early childhood educators and to advance racial equity while | ||||||
5 | meeting the needs of employers by streamlining, coordinating, | ||||||
6 | and improving the accessibility of degree completion pathways | ||||||
7 | for upskilling and the sustained expansion of educational | ||||||
8 | pipelines at Illinois institutions of higher education. | ||||||
9 | (c) The Board of Higher Education and the Illinois | ||||||
10 | Community College Board shall convene the member institutions | ||||||
11 | by July 1, 2021 or within 60 days after the effective date of | ||||||
12 | this amendatory Act of the 102nd General Assembly. The Board | ||||||
13 | of Higher Education and the Illinois Community College Board | ||||||
14 | shall provide administrative support for the start up and | ||||||
15 | operation of the Consortium until a permanent governance | ||||||
16 | structure is developed and implemented. The Board of Higher | ||||||
17 | Education and the Illinois Community College Board shall work | ||||||
18 | with member institutions to establish geographic regional | ||||||
19 | hubs, including public universities and the proximate | ||||||
20 | community colleges responsible for serving each regional hub. | ||||||
21 | (Source: P.A. 102-174, eff. 7-28-21.) | ||||||
22 | (110 ILCS 28/20) | ||||||
23 | Sec. 20. Membership; functions. | ||||||
24 | (a) Membership in the Consortium shall include all public | ||||||
25 | universities and community colleges in this State that offer |
| |||||||
| |||||||
1 | early childhood programs. Membership by private, | ||||||
2 | not-for-profit universities is optional and conditional on the | ||||||
3 | acceptance of the terms adopted by the public members, the | ||||||
4 | related administrative rules, and the provisions of this Act. | ||||||
5 | For-profit institutions of higher education are not eligible | ||||||
6 | for membership in the Consortium. Participating institutions | ||||||
7 | must be accredited by the Higher Learning Commission and | ||||||
8 | entitled to offer Gateways Credentials. | ||||||
9 | (b) The members of the Consortium shall operate jointly | ||||||
10 | and in cooperation through regional hubs to provide | ||||||
11 | streamlined paths for students to attain associate degrees, | ||||||
12 | bachelor's degrees, master's degrees, certificates, and | ||||||
13 | Gateways Credentials and other licensure endorsements in early | ||||||
14 | childhood education. The priority shall be to focus on the | ||||||
15 | incumbent workforce, which includes working adults who require | ||||||
16 | programs of study that offer flexibility in the times courses | ||||||
17 | are offered, location, and format. The Consortium shall | ||||||
18 | cooperate in all of the following: | ||||||
19 | (1) Providing course offerings within each regional | ||||||
20 | hub in online, hybrid, and in-person formats that are | ||||||
21 | available to any student enrolled in a member institution | ||||||
22 | in that hub for occasions in which a particular course is | ||||||
23 | not available at the student's home institution. In this | ||||||
24 | paragraph (1), "not available" may mean the course is not | ||||||
25 | offered during a term, at a time, or in a format that works | ||||||
26 | best for the student. Courses taken at any member |
| |||||||
| |||||||
1 | institution shall be accepted toward the student's degree | ||||||
2 | at any other member institution. Course offerings across | ||||||
3 | institutions regional hubs may also be provided by an | ||||||
4 | agreement between Consortium members. All course | ||||||
5 | registration shall take place in consultation with a | ||||||
6 | student's academic advisor. | ||||||
7 | (2) Shared responsibilities through the Consortium and | ||||||
8 | within and across the State regional hubs to expand access | ||||||
9 | for students. | ||||||
10 | (3) Transfers in accordance with Section 130-10 of the | ||||||
11 | Transitions in Education Act. | ||||||
12 | (4) The development of standardized methods for | ||||||
13 | awarding credit for prior learning. | ||||||
14 | (5) The support necessary for student access, | ||||||
15 | persistence, and completion shall be provided by the home | ||||||
16 | institution, unless otherwise provided by agreement | ||||||
17 | between Consortium members. | ||||||
18 | (6) Admissions, financial arrangements, registration, | ||||||
19 | and advising services shall be functions of the home | ||||||
20 | institution but shall be honored across the Consortium. | ||||||
21 | (7) Member institutions working with their regional | ||||||
22 | pre-kindergarten through 12th grade and early childhood | ||||||
23 | employer partners to determine demand throughout the | ||||||
24 | region. | ||||||
25 | (8) Data-sharing agreements. | ||||||
26 | (9) An agreement that students enrolled in associate |
| |||||||
| |||||||
1 | degree programs are encouraged to complete the associate | ||||||
2 | degree program prior to transferring to a bachelor's | ||||||
3 | degree program. | ||||||
4 | (10) Development of other shared agreements and terms | ||||||
5 | necessary to implement the Consortium and its | ||||||
6 | responsibilities. | ||||||
7 | By January 31, 2022, the Consortium shall decide how to | ||||||
8 | assign college credit for the incumbent workers who have a | ||||||
9 | Child Development Associate (CDA) credential and for future | ||||||
10 | workers obtaining a CDA. | ||||||
11 | (c) The Consortium may facilitate or implement the | ||||||
12 | following if deemed beneficial and feasible: | ||||||
13 | (1) the creation of an open education resource | ||||||
14 | library; | ||||||
15 | (2) support and training for program coaches and | ||||||
16 | cross-institutional navigators; and | ||||||
17 | (3) support for the development, implementation, and | ||||||
18 | participation in a statewide registry system through the | ||||||
19 | Illinois Network of Child Care Resource and Referral | ||||||
20 | Agencies (INCCRRA) to provide tracking and data | ||||||
21 | capabilities for students across the system as they attain | ||||||
22 | competency through coursework. | ||||||
23 | (Source: P.A. 102-174, eff. 7-28-21.) | ||||||
24 | (110 ILCS 28/25) | ||||||
25 | Sec. 25. Advisory committee; membership. |
| |||||||
| |||||||
1 | (a) The Board of Higher Education, the Illinois Community | ||||||
2 | College Board, the State Board of Education, the Department of | ||||||
3 | Human Services, and the Governor's Office of Early Childhood | ||||||
4 | Development shall jointly convene a Consortium advisory | ||||||
5 | committee to provide guidance on the operation of the | ||||||
6 | Consortium. | ||||||
7 | (b) Membership on the advisory committee shall be | ||||||
8 | comprised of employers and experts appointed by the Board of | ||||||
9 | Higher Education, the Illinois Community College Board, the | ||||||
10 | Governor's Office of Early Childhood Development, and the | ||||||
11 | State Board of Education. Membership shall also include all of | ||||||
12 | the following members: | ||||||
13 | (1) An employer from a community-based child care | ||||||
14 | provider, appointed by the Governor's Office of Early | ||||||
15 | Childhood Development. | ||||||
16 | (2) An employer from a for-profit child care provider, | ||||||
17 | appointed by the Governor's Office of Early Childhood | ||||||
18 | Development. | ||||||
19 | (3) An employer from a nonprofit child care provider, | ||||||
20 | appointed by the Governor's Office of Early Childhood | ||||||
21 | Development. | ||||||
22 | (4) A provider of family child care, appointed by the | ||||||
23 | Governor's Office of Early Childhood Development. | ||||||
24 | (5) An employer located in southern Illinois, | ||||||
25 | appointed by the Governor's Office of Early Childhood | ||||||
26 | Development. |
| |||||||
| |||||||
1 | (6) An employer located in central Illinois, appointed | ||||||
2 | by the Governor's Office of Early Childhood Development. | ||||||
3 | (7) At least one member who represents an urban school | ||||||
4 | district, appointed by the State Board of Education. | ||||||
5 | (8) At least one member who represents a suburban | ||||||
6 | school district, appointed by the State Board of | ||||||
7 | Education. | ||||||
8 | (9) At least one member who represents a rural school | ||||||
9 | district, appointed by the State Board of Education. | ||||||
10 | (10) At least one member who represents a school | ||||||
11 | district in a city with a population of 500,000 or more, | ||||||
12 | appointed by the State Board of Education. | ||||||
13 | (11) Two early childhood advocates with statewide | ||||||
14 | expertise in early childhood workforce issues, appointed | ||||||
15 | by the Governor's Office of Early Childhood Development. | ||||||
16 | (12) The Chairperson or Vice-Chairperson and the | ||||||
17 | Minority Spokesperson or a designee of the Senate | ||||||
18 | Committee on Higher Education. | ||||||
19 | (13) The Chairperson or Vice-Chairperson and the | ||||||
20 | Minority Spokesperson or a designee of the House Committee | ||||||
21 | on Higher Education. | ||||||
22 | (14) One member representing the Illinois Community | ||||||
23 | College Board, who shall serve as co-chairperson, | ||||||
24 | appointed by the Illinois Community College Board. | ||||||
25 | (15) One member representing the Board of Higher | ||||||
26 | Education, who shall serve as co-chairperson, appointed by |
| |||||||
| |||||||
1 | the Board of Higher Education. | ||||||
2 | (16) One member representing the Illinois Student | ||||||
3 | Assistance Commission, appointed by the Illinois Student | ||||||
4 | Assistance Commission Board of Higher Education . | ||||||
5 | (17) One member representing the State Board of | ||||||
6 | Education, who shall serve as co-chairperson, appointed by | ||||||
7 | the State Board of Education. | ||||||
8 | (18) One member representing the Governor's Office of | ||||||
9 | Early Childhood Development, who shall serve as | ||||||
10 | co-chairperson, appointed by the Governor's Office of | ||||||
11 | Early Childhood Development. | ||||||
12 | (19) One member representing the Department of Human | ||||||
13 | Services, who shall serve as co-chairperson, appointed by | ||||||
14 | the Governor's Office of Early Childhood Development. | ||||||
15 | (20) One member representing INCCRRA, appointed by the | ||||||
16 | Governor's Office of Early Childhood Development. | ||||||
17 | (21) One member representing the Department of | ||||||
18 | Children and Family Services, appointed by the Governor's | ||||||
19 | Office of Early Childhood Development. | ||||||
20 | (22) One member representing an organization that | ||||||
21 | advocates on behalf of community college trustees, | ||||||
22 | appointed by the Illinois Community College Board. | ||||||
23 | (23) One member of a union representing child care and | ||||||
24 | early childhood providers, appointed by the Governor's | ||||||
25 | Office of Early Childhood Development. | ||||||
26 | (24) Two members of unions representing higher |
| |||||||
| |||||||
1 | education faculty, appointed by the Board of Higher | ||||||
2 | Education. | ||||||
3 | (25) A representative from the College of Education of | ||||||
4 | an urban public university, appointed by the Board of | ||||||
5 | Higher Education. | ||||||
6 | (26) A representative from the College of Education of | ||||||
7 | a suburban public university, appointed by the Board of | ||||||
8 | Higher Education. | ||||||
9 | (27) A representative from the College of Education of | ||||||
10 | a rural public university, appointed by the Board of | ||||||
11 | Higher Education. | ||||||
12 | (28) A representative from the College of Education of | ||||||
13 | a private university, appointed by the Board of Higher | ||||||
14 | Education. | ||||||
15 | (29) A representative of an urban community college, | ||||||
16 | appointed by the Illinois Community College Board. | ||||||
17 | (30) A representative of a suburban community college, | ||||||
18 | appointed by the Illinois Community College Board. | ||||||
19 | (31) A representative of rural community college, | ||||||
20 | appointed by the Illinois Community College Board. | ||||||
21 | (c) The advisory committee shall meet at least twice a | ||||||
22 | year quarterly . The committee meetings shall be open to the | ||||||
23 | public in accordance with the provisions of the Open Meetings | ||||||
24 | Act. | ||||||
25 | (d) Except for the co-chairpersons of the advisory | ||||||
26 | committee, the initial terms for advisory committee members |
| |||||||
| |||||||
1 | after the effective date of this amendatory Act of the 103rd | ||||||
2 | General Assembly shall be set by lottery at the first meeting | ||||||
3 | after the effective date of this amendatory Act of the 103rd | ||||||
4 | General Assembly as follows: | ||||||
5 | (1) One-third of members shall serve a 1-year term. | ||||||
6 | (2) One-third of members shall serve a 2-year term. | ||||||
7 | (3) One-third of members shall serve a 3-year term. | ||||||
8 | (e) The initial term of co-chairpersons of the advisory | ||||||
9 | committee shall be for 3 years. | ||||||
10 | (f) After the initial term, each subsequent term for the | ||||||
11 | members of the advisory committee shall be for 3 years or until | ||||||
12 | a successor is appointed. | ||||||
13 | (g) The members of the advisory committee shall serve | ||||||
14 | without compensation, but shall be entitled to reimbursement | ||||||
15 | for all necessary expenses incurred in the performance of | ||||||
16 | their official duties as members of the advisory committee | ||||||
17 | from funds appropriated for that purpose. | ||||||
18 | (Source: P.A. 102-174, eff. 7-28-21.) | ||||||
19 | (110 ILCS 28/30) | ||||||
20 | Sec. 30. Reporting. The Consortium shall report to the | ||||||
21 | General Assembly, to the Senate and House Committees with | ||||||
22 | oversight over higher education, to the Governor, and to the | ||||||
23 | advisory committee on the progress made by the Consortium. A | ||||||
24 | report must include, but is not limited to, all of the | ||||||
25 | following information: |
| |||||||
| |||||||
1 | (1) Student enrollment numbers by academic year for | ||||||
2 | the fall and spring terms or semesters , retention rates, | ||||||
3 | persistence , and completion in relevant associate, | ||||||
4 | baccalaureate, and credential programs, including | ||||||
5 | demographic data that is disaggregated by race, ethnicity, | ||||||
6 | geography, higher education sector, and federal Pell Grant | ||||||
7 | status, reported annually twice per year. Completion | ||||||
8 | numbers and rates, employer type, and years worked shall | ||||||
9 | be reported annually . | ||||||
10 | (2) For students enrolled in early childhood programs, | ||||||
11 | average assessed tuition, average Tuition rates charged | ||||||
12 | and net price, number of students receiving student loans, | ||||||
13 | and average loan amount prices paid, reported both as | ||||||
14 | including and excluding student loans, by enrolled members | ||||||
15 | of the incumbent workforce , reported annually. | ||||||
16 | (3) Outreach plans to recruit and enroll incumbent | ||||||
17 | workforce members, reported annually twice per year . | ||||||
18 | (4) Participation of the incumbent workforce in | ||||||
19 | outreach programs, which may include participation in an | ||||||
20 | informational session, social media engagement, or other | ||||||
21 | activities, reported annually twice per year . | ||||||
22 | (5) Student academic and holistic support plans to | ||||||
23 | help the enrolled incumbent workforce persist in their | ||||||
24 | education, reported annually. | ||||||
25 | (6) Evidence of engagement and responsiveness to the | ||||||
26 | needs of employer partners, reported annually. |
| |||||||
| |||||||
1 | (7) The Consortium budget including the use of federal | ||||||
2 | funds, reported annually. | ||||||
3 | (8) Member contributions, including financial, | ||||||
4 | physical, or in-kind contributions, provided to the | ||||||
5 | Consortium, reported annually. | ||||||
6 | (9) Information on Early Childhood Access Consortium | ||||||
7 | for Equity Scholarships awarded under the Higher Education | ||||||
8 | Student Assistance Act, including demographic data that is | ||||||
9 | disaggregated by race and ethnicity, federal Pell Grant | ||||||
10 | eligibility status, geography, age, gender, and higher | ||||||
11 | education sector, reported annually. Employer type and | ||||||
12 | years worked, as provided by students via the scholarship | ||||||
13 | application, reported annually. To the extent possible | ||||||
14 | given available data and resources, information on | ||||||
15 | scholarship recipients' subsequent employment in the early | ||||||
16 | childhood care and education field in this State. | ||||||
17 | (Source: P.A. 102-174, eff. 7-28-21.) | ||||||
18 | Section 3-37. The Higher Education Student Assistance Act | ||||||
19 | is amended by adding Section 65.125 as follows: | ||||||
20 | (110 ILCS 947/65.125 new) | ||||||
21 | Sec. 65.125. Early Childhood Access Consortium for Equity | ||||||
22 | Scholarship Program. | ||||||
23 | (a) As used in this Section, "incumbent workforce" has the | ||||||
24 | meaning ascribed to that term in the Early Childhood Access |
| |||||||
| |||||||
1 | Consortium for Equity Act. | ||||||
2 | (b) Subject to appropriation, the Commission shall | ||||||
3 | implement and administer an early childhood educator | ||||||
4 | scholarship program, to be known as the Early Childhood Access | ||||||
5 | Consortium for Equity Scholarship Program. Under the Program, | ||||||
6 | the Commission shall annually award scholarships to early | ||||||
7 | childhood education students enrolled in institutions of | ||||||
8 | higher education participating in the Early Childhood Access | ||||||
9 | Consortium for Equity under the Early Childhood Access | ||||||
10 | Consortium for Equity Act with preference given to members of | ||||||
11 | the incumbent workforce. | ||||||
12 | (c) To ensure alignment with Consortium goals and changing | ||||||
13 | workforce needs, the Commission shall work in partnership with | ||||||
14 | the Board of Higher Education and the Illinois Community | ||||||
15 | College Board in program design, and the Board of Higher | ||||||
16 | Education and the Illinois Community College Board shall | ||||||
17 | solicit feedback from the Consortium advisory committee | ||||||
18 | established under Section 25 of the Early Childhood Access | ||||||
19 | Consortium for Equity Act. | ||||||
20 | (d) In awarding a scholarship under this Section, the | ||||||
21 | Commission may give preference to applicants who received a | ||||||
22 | scholarship under this Section during the prior academic year, | ||||||
23 | to applicants with financial need, or both. | ||||||
24 | (e) Prior to receiving scholarship assistance for any | ||||||
25 | academic year, each recipient of a scholarship awarded under | ||||||
26 | this Section shall be required by the Commission to sign an |
| |||||||
| |||||||
1 | agreement under which the recipient pledges to continue or | ||||||
2 | return to teaching or direct services in the early childhood | ||||||
3 | care and education field in this State after they complete | ||||||
4 | their program of study. | ||||||
5 | (f) The Commission may adopt any rules necessary to | ||||||
6 | implement and administer the Program. | ||||||
7 | Section 3-45. The Illinois Horse Racing Act of 1975 is | ||||||
8 | amended by changing Section 28.1 as follows: | ||||||
9 | (230 ILCS 5/28.1) | ||||||
10 | Sec. 28.1. Payments. | ||||||
11 | (a) Beginning on January 1, 2000, moneys collected by the | ||||||
12 | Department of Revenue and the Racing Board pursuant to Section | ||||||
13 | 26 or Section 27 of this Act shall be deposited into the Horse | ||||||
14 | Racing Fund, which is hereby created as a special fund in the | ||||||
15 | State Treasury. | ||||||
16 | (b) Appropriations, as approved by the General Assembly, | ||||||
17 | may be made from the Horse Racing Fund to the Board to pay the | ||||||
18 | salaries of the Board members, secretary, stewards, directors | ||||||
19 | of mutuels, veterinarians, representatives, accountants, | ||||||
20 | clerks, stenographers, inspectors and other employees of the | ||||||
21 | Board, and all expenses of the Board incident to the | ||||||
22 | administration of this Act, including, but not limited to, all | ||||||
23 | expenses and salaries incident to the taking of saliva and | ||||||
24 | urine samples in accordance with the rules and regulations of |
| |||||||
| |||||||
1 | the Board. | ||||||
2 | (c) (Blank). | ||||||
3 | (d) Beginning January 1, 2000, payments to all programs in | ||||||
4 | existence on the effective date of this amendatory Act of 1999 | ||||||
5 | that are identified in Sections 26(c), 26(f), 26(h)(11)(C), | ||||||
6 | and 28, subsections (a), (b), (c), (d), (e), (f), (g), and (h) | ||||||
7 | of Section 30, and subsections (a), (b), (c), (d), (e), (f), | ||||||
8 | (g), and (h) of Section 31 shall be made from the General | ||||||
9 | Revenue Fund at the funding levels determined by amounts paid | ||||||
10 | under this Act in calendar year 1998. Beginning on the | ||||||
11 | effective date of this amendatory Act of the 93rd General | ||||||
12 | Assembly, payments to the Peoria Park District shall be made | ||||||
13 | from the General Revenue Fund at the funding level determined | ||||||
14 | by amounts paid to that park district for museum purposes | ||||||
15 | under this Act in calendar year 1994. | ||||||
16 | If an inter-track wagering location licensee's facility | ||||||
17 | changes its location, then the payments associated with that | ||||||
18 | facility under this subsection (d) for museum purposes shall | ||||||
19 | be paid to the park district in the area where the facility | ||||||
20 | relocates, and the payments shall be used for museum purposes. | ||||||
21 | If the facility does not relocate to a park district, then the | ||||||
22 | payments shall be paid to the taxing district that is | ||||||
23 | responsible for park or museum expenditures. | ||||||
24 | (e) Beginning July 1, 2006, the payment authorized under | ||||||
25 | subsection (d) to museums and aquariums located in park | ||||||
26 | districts of over 500,000 population shall be paid to museums, |
| |||||||
| |||||||
1 | aquariums, and zoos in amounts determined by Museums in the | ||||||
2 | Park, an association of museums, aquariums, and zoos located | ||||||
3 | on Chicago Park District property. | ||||||
4 | (f) Beginning July 1, 2007, the Children's Discovery | ||||||
5 | Museum in Normal, Illinois shall receive payments from the | ||||||
6 | General Revenue Fund at the funding level determined by the | ||||||
7 | amounts paid to the Miller Park Zoo in Bloomington, Illinois | ||||||
8 | under this Section in calendar year 2006. | ||||||
9 | (g) On July 3, 2024 2023 , the Comptroller shall order | ||||||
10 | transferred and the Treasurer shall transfer $3,200,000 | ||||||
11 | $5,100,000 from the Horse Racing Fund to the Horse Racing | ||||||
12 | Purse Equity Fund. | ||||||
13 | (Source: P.A. 102-16, eff. 6-17-21; 103-8, eff. 7-1-23.) | ||||||
14 | Section 3-50. The Illinois Public Aid Code is amended by | ||||||
15 | changing Section 5-5.4 as follows: | ||||||
16 | (305 ILCS 5/5-5.4) (from Ch. 23, par. 5-5.4) | ||||||
17 | Sec. 5-5.4. Standards of payment; Department Payment - | ||||||
18 | Department of Healthcare and Family Services. The Department | ||||||
19 | of Healthcare and Family Services shall develop standards of | ||||||
20 | payment of nursing facility and ICF/DD services in facilities | ||||||
21 | providing such services under this Article which: | ||||||
22 | (1) Provide for the determination of a facility's payment | ||||||
23 | for nursing facility or ICF/DD services on a prospective | ||||||
24 | basis. The amount of the payment rate for all nursing |
| |||||||
| |||||||
1 | facilities certified by the Department of Public Health under | ||||||
2 | the ID/DD Community Care Act or the Nursing Home Care Act as | ||||||
3 | Intermediate Care for the Developmentally Disabled facilities, | ||||||
4 | Long Term Care for Under Age 22 facilities, Skilled Nursing | ||||||
5 | facilities, or Intermediate Care facilities under the medical | ||||||
6 | assistance program shall be prospectively established annually | ||||||
7 | on the basis of historical, financial, and statistical data | ||||||
8 | reflecting actual costs from prior years, which shall be | ||||||
9 | applied to the current rate year and updated for inflation, | ||||||
10 | except that the capital cost element for newly constructed | ||||||
11 | facilities shall be based upon projected budgets. The annually | ||||||
12 | established payment rate shall take effect on July 1 in 1984 | ||||||
13 | and subsequent years. No rate increase and no update for | ||||||
14 | inflation shall be provided on or after July 1, 1994, unless | ||||||
15 | specifically provided for in this Section. The changes made by | ||||||
16 | Public Act 93-841 extending the duration of the prohibition | ||||||
17 | against a rate increase or update for inflation are effective | ||||||
18 | retroactive to July 1, 2004. | ||||||
19 | For facilities licensed by the Department of Public Health | ||||||
20 | under the Nursing Home Care Act as Intermediate Care for the | ||||||
21 | Developmentally Disabled facilities or Long Term Care for | ||||||
22 | Under Age 22 facilities, the rates taking effect on July 1, | ||||||
23 | 1998 shall include an increase of 3%. For facilities licensed | ||||||
24 | by the Department of Public Health under the Nursing Home Care | ||||||
25 | Act as Skilled Nursing facilities or Intermediate Care | ||||||
26 | facilities, the rates taking effect on July 1, 1998 shall |
| |||||||
| |||||||
1 | include an increase of 3% plus $1.10 per resident-day, as | ||||||
2 | defined by the Department. For facilities licensed by the | ||||||
3 | Department of Public Health under the Nursing Home Care Act as | ||||||
4 | Intermediate Care Facilities for the Developmentally Disabled | ||||||
5 | or Long Term Care for Under Age 22 facilities, the rates taking | ||||||
6 | effect on January 1, 2006 shall include an increase of 3%. For | ||||||
7 | facilities licensed by the Department of Public Health under | ||||||
8 | the Nursing Home Care Act as Intermediate Care Facilities for | ||||||
9 | the Developmentally Disabled or Long Term Care for Under Age | ||||||
10 | 22 facilities, the rates taking effect on January 1, 2009 | ||||||
11 | shall include an increase sufficient to provide a $0.50 per | ||||||
12 | hour wage increase for non-executive staff. For facilities | ||||||
13 | licensed by the Department of Public Health under the ID/DD | ||||||
14 | Community Care Act as ID/DD Facilities the rates taking effect | ||||||
15 | within 30 days after July 6, 2017 (the effective date of Public | ||||||
16 | Act 100-23) shall include an increase sufficient to provide a | ||||||
17 | $0.75 per hour wage increase for non-executive staff. The | ||||||
18 | Department shall adopt rules, including emergency rules under | ||||||
19 | subsection (y) of Section 5-45 of the Illinois Administrative | ||||||
20 | Procedure Act, to implement the provisions of this paragraph. | ||||||
21 | For facilities licensed by the Department of Public Health | ||||||
22 | under the ID/DD Community Care Act as ID/DD Facilities and | ||||||
23 | under the MC/DD Act as MC/DD Facilities, the rates taking | ||||||
24 | effect within 30 days after June 5, 2019 (the effective date of | ||||||
25 | Public Act 101-10) shall include an increase sufficient to | ||||||
26 | provide a $0.50 per hour wage increase for non-executive |
| |||||||
| |||||||
1 | front-line personnel, including, but not limited to, direct | ||||||
2 | support persons, aides, front-line supervisors, qualified | ||||||
3 | intellectual disabilities professionals, nurses, and | ||||||
4 | non-administrative support staff. The Department shall adopt | ||||||
5 | rules, including emergency rules under subsection (bb) of | ||||||
6 | Section 5-45 of the Illinois Administrative Procedure Act, to | ||||||
7 | implement the provisions of this paragraph. | ||||||
8 | For facilities licensed by the Department of Public Health | ||||||
9 | under the Nursing Home Care Act as Intermediate Care for the | ||||||
10 | Developmentally Disabled facilities or Long Term Care for | ||||||
11 | Under Age 22 facilities, the rates taking effect on July 1, | ||||||
12 | 1999 shall include an increase of 1.6% plus $3.00 per | ||||||
13 | resident-day, as defined by the Department. For facilities | ||||||
14 | licensed by the Department of Public Health under the Nursing | ||||||
15 | Home Care Act as Skilled Nursing facilities or Intermediate | ||||||
16 | Care facilities, the rates taking effect on July 1, 1999 shall | ||||||
17 | include an increase of 1.6% and, for services provided on or | ||||||
18 | after October 1, 1999, shall be increased by $4.00 per | ||||||
19 | resident-day, as defined by the Department. | ||||||
20 | For facilities licensed by the Department of Public Health | ||||||
21 | under the Nursing Home Care Act as Intermediate Care for the | ||||||
22 | Developmentally Disabled facilities or Long Term Care for | ||||||
23 | Under Age 22 facilities, the rates taking effect on July 1, | ||||||
24 | 2000 shall include an increase of 2.5% per resident-day, as | ||||||
25 | defined by the Department. For facilities licensed by the | ||||||
26 | Department of Public Health under the Nursing Home Care Act as |
| |||||||
| |||||||
1 | Skilled Nursing facilities or Intermediate Care facilities, | ||||||
2 | the rates taking effect on July 1, 2000 shall include an | ||||||
3 | increase of 2.5% per resident-day, as defined by the | ||||||
4 | Department. | ||||||
5 | For facilities licensed by the Department of Public Health | ||||||
6 | under the Nursing Home Care Act as skilled nursing facilities | ||||||
7 | or intermediate care facilities, a new payment methodology | ||||||
8 | must be implemented for the nursing component of the rate | ||||||
9 | effective July 1, 2003. The Department of Public Aid (now | ||||||
10 | Healthcare and Family Services) shall develop the new payment | ||||||
11 | methodology using the Minimum Data Set (MDS) as the instrument | ||||||
12 | to collect information concerning nursing home resident | ||||||
13 | condition necessary to compute the rate. The Department shall | ||||||
14 | develop the new payment methodology to meet the unique needs | ||||||
15 | of Illinois nursing home residents while remaining subject to | ||||||
16 | the appropriations provided by the General Assembly. A | ||||||
17 | transition period from the payment methodology in effect on | ||||||
18 | June 30, 2003 to the payment methodology in effect on July 1, | ||||||
19 | 2003 shall be provided for a period not exceeding 3 years and | ||||||
20 | 184 days after implementation of the new payment methodology | ||||||
21 | as follows: | ||||||
22 | (A) For a facility that would receive a lower nursing | ||||||
23 | component rate per patient day under the new system than | ||||||
24 | the facility received effective on the date immediately | ||||||
25 | preceding the date that the Department implements the new | ||||||
26 | payment methodology, the nursing component rate per |
| |||||||
| |||||||
1 | patient day for the facility shall be held at the level in | ||||||
2 | effect on the date immediately preceding the date that the | ||||||
3 | Department implements the new payment methodology until a | ||||||
4 | higher nursing component rate of reimbursement is achieved | ||||||
5 | by that facility. | ||||||
6 | (B) For a facility that would receive a higher nursing | ||||||
7 | component rate per patient day under the payment | ||||||
8 | methodology in effect on July 1, 2003 than the facility | ||||||
9 | received effective on the date immediately preceding the | ||||||
10 | date that the Department implements the new payment | ||||||
11 | methodology, the nursing component rate per patient day | ||||||
12 | for the facility shall be adjusted. | ||||||
13 | (C) Notwithstanding paragraphs (A) and (B), the | ||||||
14 | nursing component rate per patient day for the facility | ||||||
15 | shall be adjusted subject to appropriations provided by | ||||||
16 | the General Assembly. | ||||||
17 | For facilities licensed by the Department of Public Health | ||||||
18 | under the Nursing Home Care Act as Intermediate Care for the | ||||||
19 | Developmentally Disabled facilities or Long Term Care for | ||||||
20 | Under Age 22 facilities, the rates taking effect on March 1, | ||||||
21 | 2001 shall include a statewide increase of 7.85%, as defined | ||||||
22 | by the Department. | ||||||
23 | Notwithstanding any other provision of this Section, for | ||||||
24 | facilities licensed by the Department of Public Health under | ||||||
25 | the Nursing Home Care Act as skilled nursing facilities or | ||||||
26 | intermediate care facilities, except facilities participating |
| |||||||
| |||||||
1 | in the Department's demonstration program pursuant to the | ||||||
2 | provisions of Title 77, Part 300, Subpart T of the Illinois | ||||||
3 | Administrative Code, the numerator of the ratio used by the | ||||||
4 | Department of Healthcare and Family Services to compute the | ||||||
5 | rate payable under this Section using the Minimum Data Set | ||||||
6 | (MDS) methodology shall incorporate the following annual | ||||||
7 | amounts as the additional funds appropriated to the Department | ||||||
8 | specifically to pay for rates based on the MDS nursing | ||||||
9 | component methodology in excess of the funding in effect on | ||||||
10 | December 31, 2006: | ||||||
11 | (i) For rates taking effect January 1, 2007, | ||||||
12 | $60,000,000. | ||||||
13 | (ii) For rates taking effect January 1, 2008, | ||||||
14 | $110,000,000. | ||||||
15 | (iii) For rates taking effect January 1, 2009, | ||||||
16 | $194,000,000. | ||||||
17 | (iv) For rates taking effect April 1, 2011, or the | ||||||
18 | first day of the month that begins at least 45 days after | ||||||
19 | February 16, 2011 (the effective date of Public Act | ||||||
20 | 96-1530), $416,500,000 or an amount as may be necessary to | ||||||
21 | complete the transition to the MDS methodology for the | ||||||
22 | nursing component of the rate. Increased payments under | ||||||
23 | this item (iv) are not due and payable, however, until (i) | ||||||
24 | the methodologies described in this paragraph are approved | ||||||
25 | by the federal government in an appropriate State Plan | ||||||
26 | amendment and (ii) the assessment imposed by Section 5B-2 |
| |||||||
| |||||||
1 | of this Code is determined to be a permissible tax under | ||||||
2 | Title XIX of the Social Security Act. | ||||||
3 | Notwithstanding any other provision of this Section, for | ||||||
4 | facilities licensed by the Department of Public Health under | ||||||
5 | the Nursing Home Care Act as skilled nursing facilities or | ||||||
6 | intermediate care facilities, the support component of the | ||||||
7 | rates taking effect on January 1, 2008 shall be computed using | ||||||
8 | the most recent cost reports on file with the Department of | ||||||
9 | Healthcare and Family Services no later than April 1, 2005, | ||||||
10 | updated for inflation to January 1, 2006. | ||||||
11 | For facilities licensed by the Department of Public Health | ||||||
12 | under the Nursing Home Care Act as Intermediate Care for the | ||||||
13 | Developmentally Disabled facilities or Long Term Care for | ||||||
14 | Under Age 22 facilities, the rates taking effect on April 1, | ||||||
15 | 2002 shall include a statewide increase of 2.0%, as defined by | ||||||
16 | the Department. This increase terminates on July 1, 2002; | ||||||
17 | beginning July 1, 2002 these rates are reduced to the level of | ||||||
18 | the rates in effect on March 31, 2002, as defined by the | ||||||
19 | Department. | ||||||
20 | For facilities licensed by the Department of Public Health | ||||||
21 | under the Nursing Home Care Act as skilled nursing facilities | ||||||
22 | or intermediate care facilities, the rates taking effect on | ||||||
23 | July 1, 2001 shall be computed using the most recent cost | ||||||
24 | reports on file with the Department of Public Aid no later than | ||||||
25 | April 1, 2000, updated for inflation to January 1, 2001. For | ||||||
26 | rates effective July 1, 2001 only, rates shall be the greater |
| |||||||
| |||||||
1 | of the rate computed for July 1, 2001 or the rate effective on | ||||||
2 | June 30, 2001. | ||||||
3 | Notwithstanding any other provision of this Section, for | ||||||
4 | facilities licensed by the Department of Public Health under | ||||||
5 | the Nursing Home Care Act as skilled nursing facilities or | ||||||
6 | intermediate care facilities, the Illinois Department shall | ||||||
7 | determine by rule the rates taking effect on July 1, 2002, | ||||||
8 | which shall be 5.9% less than the rates in effect on June 30, | ||||||
9 | 2002. | ||||||
10 | Notwithstanding any other provision of this Section, for | ||||||
11 | facilities licensed by the Department of Public Health under | ||||||
12 | the Nursing Home Care Act as skilled nursing facilities or | ||||||
13 | intermediate care facilities, if the payment methodologies | ||||||
14 | required under Section 5A-12 and the waiver granted under 42 | ||||||
15 | CFR 433.68 are approved by the United States Centers for | ||||||
16 | Medicare and Medicaid Services, the rates taking effect on | ||||||
17 | July 1, 2004 shall be 3.0% greater than the rates in effect on | ||||||
18 | June 30, 2004. These rates shall take effect only upon | ||||||
19 | approval and implementation of the payment methodologies | ||||||
20 | required under Section 5A-12. | ||||||
21 | Notwithstanding any other provisions of this Section, for | ||||||
22 | facilities licensed by the Department of Public Health under | ||||||
23 | the Nursing Home Care Act as skilled nursing facilities or | ||||||
24 | intermediate care facilities, the rates taking effect on | ||||||
25 | January 1, 2005 shall be 3% more than the rates in effect on | ||||||
26 | December 31, 2004. |
| |||||||
| |||||||
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, effective January 1, 2009, the | ||||||
5 | per diem support component of the rates effective on January | ||||||
6 | 1, 2008, computed using the most recent cost reports on file | ||||||
7 | with the Department of Healthcare and Family Services no later | ||||||
8 | than April 1, 2005, updated for inflation to January 1, 2006, | ||||||
9 | shall be increased to the amount that would have been derived | ||||||
10 | using standard Department of Healthcare and Family Services | ||||||
11 | methods, procedures, and inflators. | ||||||
12 | Notwithstanding any other provisions of this Section, for | ||||||
13 | facilities licensed by the Department of Public Health under | ||||||
14 | the Nursing Home Care Act as intermediate care facilities that | ||||||
15 | are federally defined as Institutions for Mental Disease, or | ||||||
16 | facilities licensed by the Department of Public Health under | ||||||
17 | the Specialized Mental Health Rehabilitation Act of 2013, a | ||||||
18 | socio-development component rate equal to 6.6% of the | ||||||
19 | facility's nursing component rate as of January 1, 2006 shall | ||||||
20 | be established and paid effective July 1, 2006. The | ||||||
21 | socio-development component of the rate shall be increased by | ||||||
22 | a factor of 2.53 on the first day of the month that begins at | ||||||
23 | least 45 days after January 11, 2008 (the effective date of | ||||||
24 | Public Act 95-707). As of August 1, 2008, the | ||||||
25 | socio-development component rate shall be equal to 6.6% of the | ||||||
26 | facility's nursing component rate as of January 1, 2006, |
| |||||||
| |||||||
1 | multiplied by a factor of 3.53. For services provided on or | ||||||
2 | after April 1, 2011, or the first day of the month that begins | ||||||
3 | at least 45 days after February 16, 2011 (the effective date of | ||||||
4 | Public Act 96-1530), whichever is later, the Illinois | ||||||
5 | Department may by rule adjust these socio-development | ||||||
6 | component rates, and may use different adjustment | ||||||
7 | methodologies for those facilities participating, and those | ||||||
8 | not participating, in the Illinois Department's demonstration | ||||||
9 | program pursuant to the provisions of Title 77, Part 300, | ||||||
10 | Subpart T of the Illinois Administrative Code, but in no case | ||||||
11 | may such rates be diminished below those in effect on August 1, | ||||||
12 | 2008. | ||||||
13 | For facilities licensed by the Department of Public Health | ||||||
14 | under the Nursing Home Care Act as Intermediate Care for the | ||||||
15 | Developmentally Disabled facilities or as long-term care | ||||||
16 | facilities for residents under 22 years of age, the rates | ||||||
17 | taking effect on July 1, 2003 shall include a statewide | ||||||
18 | increase of 4%, as defined by the Department. | ||||||
19 | For facilities licensed by the Department of Public Health | ||||||
20 | under the Nursing Home Care Act as Intermediate Care for the | ||||||
21 | Developmentally Disabled facilities or Long Term Care for | ||||||
22 | Under Age 22 facilities, the rates taking effect on the first | ||||||
23 | day of the month that begins at least 45 days after January 11, | ||||||
24 | 2008 (the effective date of Public Act 95-707) shall include a | ||||||
25 | statewide increase of 2.5%, as defined by the Department. | ||||||
26 | Notwithstanding any other provision 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, effective January 1, 2005, | ||||||
4 | facility rates shall be increased by the difference between | ||||||
5 | (i) a facility's per diem property, liability, and malpractice | ||||||
6 | insurance costs as reported in the cost report filed with the | ||||||
7 | Department of Public Aid and used to establish rates effective | ||||||
8 | July 1, 2001 and (ii) those same costs as reported in the | ||||||
9 | facility's 2002 cost report. These costs shall be passed | ||||||
10 | through to the facility without caps or limitations, except | ||||||
11 | for adjustments required under normal auditing procedures. | ||||||
12 | Rates established effective each July 1 shall govern | ||||||
13 | payment for services rendered throughout that fiscal year, | ||||||
14 | except that rates established on July 1, 1996 shall be | ||||||
15 | increased by 6.8% for services provided on or after January 1, | ||||||
16 | 1997. Such rates will be based upon the rates calculated for | ||||||
17 | the year beginning July 1, 1990, and for subsequent years | ||||||
18 | thereafter until June 30, 2001 shall be based on the facility | ||||||
19 | cost reports for the facility fiscal year ending at any point | ||||||
20 | in time during the previous calendar year, updated to the | ||||||
21 | midpoint of the rate year. The cost report shall be on file | ||||||
22 | with the Department no later than April 1 of the current rate | ||||||
23 | year. Should the cost report not be on file by April 1, the | ||||||
24 | Department shall base the rate on the latest cost report filed | ||||||
25 | by each skilled care facility and intermediate care facility, | ||||||
26 | updated to the midpoint of the current rate year. In |
| |||||||
| |||||||
1 | determining rates for services rendered on and after July 1, | ||||||
2 | 1985, fixed time shall not be computed at less than zero. The | ||||||
3 | Department shall not make any alterations of regulations which | ||||||
4 | would reduce any component of the Medicaid rate to a level | ||||||
5 | below what that component would have been utilizing in the | ||||||
6 | rate effective on July 1, 1984. | ||||||
7 | (2) Shall take into account the actual costs incurred by | ||||||
8 | facilities in providing services for recipients of skilled | ||||||
9 | nursing and intermediate care services under the medical | ||||||
10 | assistance program. | ||||||
11 | (3) Shall take into account the medical and psycho-social | ||||||
12 | characteristics and needs of the patients. | ||||||
13 | (4) Shall take into account the actual costs incurred by | ||||||
14 | facilities in meeting licensing and certification standards | ||||||
15 | imposed and prescribed by the State of Illinois, any of its | ||||||
16 | political subdivisions or municipalities and by the U.S. | ||||||
17 | Department of Health and Human Services pursuant to Title XIX | ||||||
18 | of the Social Security Act. | ||||||
19 | The Department of Healthcare and Family Services shall | ||||||
20 | develop precise standards for payments to reimburse nursing | ||||||
21 | facilities for any utilization of appropriate rehabilitative | ||||||
22 | personnel for the provision of rehabilitative services which | ||||||
23 | is authorized by federal regulations, including reimbursement | ||||||
24 | for services provided by qualified therapists or qualified | ||||||
25 | assistants, and which is in accordance with accepted | ||||||
26 | professional practices. Reimbursement also may be made for |
| |||||||
| |||||||
1 | utilization of other supportive personnel under appropriate | ||||||
2 | supervision. | ||||||
3 | The Department shall develop enhanced payments to offset | ||||||
4 | the additional costs incurred by a facility serving | ||||||
5 | exceptional need residents and shall allocate at least | ||||||
6 | $4,000,000 of the funds collected from the assessment | ||||||
7 | established by Section 5B-2 of this Code for such payments. | ||||||
8 | For the purpose of this Section, "exceptional needs" means, | ||||||
9 | but need not be limited to, ventilator care and traumatic | ||||||
10 | brain injury care. The enhanced payments for exceptional need | ||||||
11 | residents under this paragraph are not due and payable, | ||||||
12 | however, until (i) the methodologies described in this | ||||||
13 | paragraph are approved by the federal government in an | ||||||
14 | appropriate State Plan amendment and (ii) the assessment | ||||||
15 | imposed by Section 5B-2 of this Code is determined to be a | ||||||
16 | permissible tax under Title XIX of the Social Security Act. | ||||||
17 | Beginning January 1, 2014 the methodologies for | ||||||
18 | reimbursement of nursing facility services as provided under | ||||||
19 | this Section 5-5.4 shall no longer be applicable for services | ||||||
20 | provided on or after January 1, 2014. | ||||||
21 | No payment increase under this Section for the MDS | ||||||
22 | methodology, exceptional care residents, or the | ||||||
23 | socio-development component rate established by Public Act | ||||||
24 | 96-1530 of the 96th General Assembly and funded by the | ||||||
25 | assessment imposed under Section 5B-2 of this Code shall be | ||||||
26 | due and payable until after the Department notifies the |
| |||||||
| |||||||
1 | long-term care providers, in writing, that the payment | ||||||
2 | methodologies to long-term care providers required under this | ||||||
3 | Section have been approved by the Centers for Medicare and | ||||||
4 | Medicaid Services of the U.S. Department of Health and Human | ||||||
5 | Services and the waivers under 42 CFR 433.68 for the | ||||||
6 | assessment imposed by this Section, if necessary, have been | ||||||
7 | granted by the Centers for Medicare and Medicaid Services of | ||||||
8 | the U.S. Department of Health and Human Services. Upon | ||||||
9 | notification to the Department of approval of the payment | ||||||
10 | methodologies required under this Section and the waivers | ||||||
11 | granted under 42 CFR 433.68, all increased payments otherwise | ||||||
12 | due under this Section prior to the date of notification shall | ||||||
13 | be due and payable within 90 days of the date federal approval | ||||||
14 | is received. | ||||||
15 | On and after July 1, 2012, the Department shall reduce any | ||||||
16 | rate of reimbursement for services or other payments or alter | ||||||
17 | any methodologies authorized by this Code to reduce any rate | ||||||
18 | of reimbursement for services or other payments in accordance | ||||||
19 | with Section 5-5e. | ||||||
20 | For facilities licensed by the Department of Public Health | ||||||
21 | under the ID/DD Community Care Act as ID/DD Facilities and | ||||||
22 | under the MC/DD Act as MC/DD Facilities, subject to federal | ||||||
23 | approval, the rates taking effect for services delivered on or | ||||||
24 | after August 1, 2019 shall be increased by 3.5% over the rates | ||||||
25 | in effect on June 30, 2019. The Department shall adopt rules, | ||||||
26 | including emergency rules under subsection (ii) of Section |
| |||||||
| |||||||
1 | 5-45 of the Illinois Administrative Procedure Act, to | ||||||
2 | implement the provisions of this Section, including wage | ||||||
3 | increases for direct care staff. | ||||||
4 | For facilities licensed by the Department of Public Health | ||||||
5 | under the ID/DD Community Care Act as ID/DD Facilities and | ||||||
6 | under the MC/DD Act as MC/DD Facilities, subject to federal | ||||||
7 | approval, the rates taking effect on the latter of the | ||||||
8 | approval date of the State Plan Amendment for these facilities | ||||||
9 | or the Waiver Amendment for the home and community-based | ||||||
10 | services settings shall include an increase sufficient to | ||||||
11 | provide a $0.26 per hour wage increase to the base wage for | ||||||
12 | non-executive staff. The Department shall adopt rules, | ||||||
13 | including emergency rules as authorized by Section 5-45 of the | ||||||
14 | Illinois Administrative Procedure Act, to implement the | ||||||
15 | provisions of this Section, including wage increases for | ||||||
16 | direct care staff. | ||||||
17 | For facilities licensed by the Department of Public Health | ||||||
18 | under the ID/DD Community Care Act as ID/DD Facilities and | ||||||
19 | under the MC/DD Act as MC/DD Facilities, subject to federal | ||||||
20 | approval of the State Plan Amendment and the Waiver Amendment | ||||||
21 | for the home and community-based services settings, the rates | ||||||
22 | taking effect for the services delivered on or after July 1, | ||||||
23 | 2020 shall include an increase sufficient to provide a $1.00 | ||||||
24 | per hour wage increase for non-executive staff. For services | ||||||
25 | delivered on or after January 1, 2021, subject to federal | ||||||
26 | approval of the State Plan Amendment and the Waiver Amendment |
| |||||||
| |||||||
1 | for the home and community-based services settings, shall | ||||||
2 | include an increase sufficient to provide a $0.50 per hour | ||||||
3 | increase for non-executive staff. The Department shall adopt | ||||||
4 | rules, including emergency rules as authorized by Section 5-45 | ||||||
5 | of the Illinois Administrative Procedure Act, to implement the | ||||||
6 | provisions of this Section, including wage increases for | ||||||
7 | direct care staff. | ||||||
8 | For facilities licensed by the Department of Public Health | ||||||
9 | under the ID/DD Community Care Act as ID/DD Facilities and | ||||||
10 | under the MC/DD Act as MC/DD Facilities, subject to federal | ||||||
11 | approval of the State Plan Amendment, the rates taking effect | ||||||
12 | for the residential services delivered on or after July 1, | ||||||
13 | 2021, shall include an increase sufficient to provide a $0.50 | ||||||
14 | per hour increase for aides in the rate methodology. For | ||||||
15 | facilities licensed by the Department of Public Health under | ||||||
16 | the ID/DD Community Care Act as ID/DD Facilities and under the | ||||||
17 | MC/DD Act as MC/DD Facilities, subject to federal approval of | ||||||
18 | the State Plan Amendment, the rates taking effect for the | ||||||
19 | residential services delivered on or after January 1, 2022 | ||||||
20 | shall include an increase sufficient to provide a $1.00 per | ||||||
21 | hour increase for aides in the rate methodology. In addition, | ||||||
22 | for residential services delivered on or after January 1, 2022 | ||||||
23 | such rates shall include an increase sufficient to provide | ||||||
24 | wages for all residential non-executive direct care staff, | ||||||
25 | excluding aides, at the federal Department of Labor, Bureau of | ||||||
26 | Labor Statistics' average wage as defined in rule by the |
| |||||||
| |||||||
1 | Department. The Department shall adopt rules, including | ||||||
2 | emergency rules as authorized by Section 5-45 of the Illinois | ||||||
3 | Administrative Procedure Act, to implement the provisions of | ||||||
4 | this Section. | ||||||
5 | For facilities licensed by the Department of Public Health | ||||||
6 | under the ID/DD Community Care Act as ID/DD facilities and | ||||||
7 | under the MC/DD Act as MC/DD facilities, subject to federal | ||||||
8 | approval of the State Plan Amendment, the rates taking effect | ||||||
9 | for services delivered on or after January 1, 2023, shall | ||||||
10 | include a $1.00 per hour wage increase for all direct support | ||||||
11 | personnel and all other frontline personnel who are not | ||||||
12 | subject to the Bureau of Labor Statistics' average wage | ||||||
13 | increases, who work in residential and community day services | ||||||
14 | settings, with at least $0.50 of those funds to be provided as | ||||||
15 | a direct increase to all aide base wages, with the remaining | ||||||
16 | $0.50 to be used flexibly for base wage increases to the rate | ||||||
17 | methodology for aides. In addition, for residential services | ||||||
18 | delivered on or after January 1, 2023 the rates shall include | ||||||
19 | an increase sufficient to provide wages for all residential | ||||||
20 | non-executive direct care staff, excluding aides, at the | ||||||
21 | federal Department of Labor, Bureau of Labor Statistics' | ||||||
22 | average wage as determined by the Department. Also, for | ||||||
23 | services delivered on or after January 1, 2023, the rates will | ||||||
24 | include adjustments to employment-related expenses as defined | ||||||
25 | in rule by the Department. The Department shall adopt rules, | ||||||
26 | including emergency rules as authorized by Section 5-45 of the |
| |||||||
| |||||||
1 | Illinois Administrative Procedure Act, to implement the | ||||||
2 | provisions of this Section. | ||||||
3 | For facilities licensed by the Department of Public Health | ||||||
4 | under the ID/DD Community Care Act as ID/DD facilities and | ||||||
5 | under the MC/DD Act as MC/DD facilities, subject to federal | ||||||
6 | approval of the State Plan Amendment, the rates taking effect | ||||||
7 | for services delivered on or after January 1, 2024 shall | ||||||
8 | include a $2.50 per hour wage increase for all direct support | ||||||
9 | personnel and all other frontline personnel who are not | ||||||
10 | subject to the Bureau of Labor Statistics' average wage | ||||||
11 | increases and who work in residential and community day | ||||||
12 | services settings. At least $1.25 of the per hour wage | ||||||
13 | increase shall be provided as a direct increase to all aide | ||||||
14 | base wages, and the remaining $1.25 of the per hour wage | ||||||
15 | increase shall be used flexibly for base wage increases to the | ||||||
16 | rate methodology for aides. In addition, for residential | ||||||
17 | services delivered on or after January 1, 2024, the rates | ||||||
18 | shall include an increase sufficient to provide wages for all | ||||||
19 | residential non-executive direct care staff, excluding aides, | ||||||
20 | at the federal Department of Labor, Bureau of Labor | ||||||
21 | Statistics' average wage as determined by the Department. | ||||||
22 | Also, for services delivered on or after January 1, 2024, the | ||||||
23 | rates will include adjustments to employment-related expenses | ||||||
24 | as defined in rule by the Department. The Department shall | ||||||
25 | adopt rules, including emergency rules as authorized by | ||||||
26 | Section 5-45 of the Illinois Administrative Procedure Act, to |
| |||||||
| |||||||
1 | implement the provisions of this Section. | ||||||
2 | For facilities licensed by the Department of Public Health | ||||||
3 | under the ID/DD Community Care Act as ID/DD facilities and | ||||||
4 | under the MC/DD Act as MC/DD facilities, subject to federal | ||||||
5 | approval of a State Plan Amendment, the rates taking effect | ||||||
6 | for services delivered on or after January 1, 2025 shall | ||||||
7 | include a $1.00 per hour wage increase for all direct support | ||||||
8 | personnel and all other frontline personnel who are not | ||||||
9 | subject to the Bureau of Labor Statistics' average wage | ||||||
10 | increases and who work in residential and community day | ||||||
11 | services settings, with at least $0.50 of those funds to be | ||||||
12 | provided as a direct increase to all aide base wages and the | ||||||
13 | remaining $0.50 to be used flexibly for base wage increases to | ||||||
14 | the rate methodology for aides. These increases shall not be | ||||||
15 | used by facilities for operational and administrative | ||||||
16 | expenses. In addition, for residential services delivered on | ||||||
17 | or after January 1, 2025, the rates shall include an increase | ||||||
18 | sufficient to provide wages for all residential non-executive | ||||||
19 | direct care staff, excluding aides, at the federal Department | ||||||
20 | of Labor, Bureau of Labor Statistics' average wage as | ||||||
21 | determined by the Department. Also, for services delivered on | ||||||
22 | or after January 1, 2025, the rates will include adjustments | ||||||
23 | to employment-related expenses as defined in rule by the | ||||||
24 | Department. The Department shall adopt rules, including | ||||||
25 | emergency rules as authorized by Section 5-45 of the Illinois | ||||||
26 | Administrative Procedure Act, to implement the provisions of |
| |||||||
| |||||||
1 | this Section. | ||||||
2 | Notwithstanding any other provision of this Section to the | ||||||
3 | contrary, any regional wage adjuster for facilities located | ||||||
4 | outside of the counties of Cook, DuPage, Kane, Lake, McHenry, | ||||||
5 | and Will shall be no lower than 1.00, and any regional wage | ||||||
6 | adjuster for facilities located within the counties of Cook, | ||||||
7 | DuPage, Kane, Lake, McHenry, and Will shall be no lower than | ||||||
8 | 1.15. | ||||||
9 | (Source: P.A. 102-16, eff. 6-17-21; 102-699, eff. 4-19-22; | ||||||
10 | 103-8, eff. 6-7-23.) | ||||||
11 | Section 3-55. The Homelessness Prevention Act is amended | ||||||
12 | by changing Section 12.5 as follows: | ||||||
13 | (310 ILCS 70/12.5) | ||||||
14 | Sec. 12.5. Administrative costs and case management | ||||||
15 | expenses. On an annual basis, a grantee's administrative costs | ||||||
16 | and case management expenses shall not exceed 20% 15% of the | ||||||
17 | grant amount it receives under the Act. | ||||||
18 | (Source: P.A. 101-280, eff. 1-1-20 .) | ||||||
19 | Section 3-57. The Environmental Protection Act is amended | ||||||
20 | by adding Section 9.20 as follows: | ||||||
21 | (415 ILCS 5/9.20 new) | ||||||
22 | Sec. 9.20. Fleet Electrification Incentive Program. |
| |||||||
| |||||||
1 | (a) In this Section: | ||||||
2 | "Eligible electric vehicle" means an electric truck or | ||||||
3 | electric school bus categorized by the United States | ||||||
4 | Environmental Protection Agency Emissions Classifications, | ||||||
5 | using gross vehicle weight ratings, as a Class 2b, 3, 4, 5, 6, | ||||||
6 | 7, or 8 vehicle, with or without a properly ventilated, | ||||||
7 | conventionally powered heater. | ||||||
8 | "Eligible purchaser" means a person who the Agency | ||||||
9 | determines: | ||||||
10 | (1) is the purchaser of an eligible electric vehicle | ||||||
11 | that is registered in this State or recognized under the | ||||||
12 | International Registration Plan; | ||||||
13 | (2) is domiciled in this State; | ||||||
14 | (3) in the case of a purchaser who is the lessee of an | ||||||
15 | eligible electric vehicle, is the lessee of the vehicle | ||||||
16 | for a term of at least 60 months; and | ||||||
17 | (4) has demonstrated, to the satisfaction of the | ||||||
18 | Agency, that the eligible electric vehicle will operate | ||||||
19 | within the State for at least 80% of its operational hours | ||||||
20 | once purchased and delivered. | ||||||
21 | "Equity investment eligible community" has the meaning | ||||||
22 | given in the Energy Transition Act. | ||||||
23 | "Program" means the Fleet Electrification Incentive | ||||||
24 | Program established under this Section. | ||||||
25 | "Purchaser" means a fleet owner, operator, or provider | ||||||
26 | that will operate or manage the vehicle for a minimum of 5 |
| |||||||
| |||||||
1 | years after receipt of the vehicle, whether through lease or | ||||||
2 | direct purchase. | ||||||
3 | (b) To promote the use of eligible electric vehicles, the | ||||||
4 | Agency shall establish, by rule, a Fleet Electrification | ||||||
5 | Incentive Program through which it provides eligible | ||||||
6 | purchasers a grant of up to the following base amounts for the | ||||||
7 | purchase of an eligible electric vehicle: | ||||||
8 | (1) $7,500 for a Class 2b vehicle; | ||||||
9 | (2) $45,000 for a Class 3 vehicle; | ||||||
10 | (3) $60,000 for a Class 4 or Class 5 vehicle; | ||||||
11 | (4) $85,000 for a Class 6 or Class 7 vehicle; and | ||||||
12 | (5) $120,000 for a Class 8 vehicle. | ||||||
13 | In addition, the Agency shall offer increased grant | ||||||
14 | incentives of an additional 65% of the base amount for the | ||||||
15 | purchase of a school bus that will serve a public school | ||||||
16 | district. | ||||||
17 | (c) The Agency shall award grants under the Program to | ||||||
18 | eligible purchasers on a competitive basis according to the | ||||||
19 | availability of funding. The Agency shall use a points-based | ||||||
20 | quantitative evaluation to be determined by the Agency by | ||||||
21 | rule. | ||||||
22 | The Agency shall award additional points to an application | ||||||
23 | from an eligible purchaser whose eligible electric vehicles | ||||||
24 | are to be domiciled in an equity investment eligible | ||||||
25 | community. | ||||||
26 | The Agency shall also award additional points to an |
| |||||||
| |||||||
1 | eligible purchaser who has negotiated and entered into a | ||||||
2 | collective bargaining agreement at the time of application for | ||||||
3 | the grant. | ||||||
4 | (d) A grant provided under the Program is limited to a | ||||||
5 | maximum award of 80% of the purchase price per eligible | ||||||
6 | electric vehicle. Multiple eligible electric vehicles may be | ||||||
7 | included in each grant under the Program. An eligible | ||||||
8 | purchaser may be awarded multiple grants under the Program; | ||||||
9 | however, the Agency shall have the authority to implement, by | ||||||
10 | rule, a limit on the number of grants awarded to each | ||||||
11 | purchaser. | ||||||
12 | (e) An eligible purchaser shall enter into a grant | ||||||
13 | agreement with the Agency upon notification from the Agency | ||||||
14 | that the eligible purchaser's application has been approved. | ||||||
15 | Grants under this Section shall be provided by the Agency with | ||||||
16 | the submittal of a paid invoice for reimbursement. An eligible | ||||||
17 | purchaser participating in the Program shall retain ownership | ||||||
18 | of the eligible electric vehicle and meet all applicable | ||||||
19 | project requirements for a minimum 5-year period after the | ||||||
20 | date the eligible purchaser receives the vehicle. Resale of an | ||||||
21 | eligible electric vehicle may be allowed within the 5-year | ||||||
22 | period if necessitated by unforeseen or unavoidable | ||||||
23 | circumstances with approval from the Agency. The Agency shall | ||||||
24 | ensure the resale of an eligible electric vehicle serving a | ||||||
25 | public school or located within an equity investment eligible | ||||||
26 | community shall result in the vehicle servicing a similarly |
| |||||||
| |||||||
1 | situated community. | ||||||
2 | (f) The deployment of the eligible electric vehicle in the | ||||||
3 | purchaser's fleet is required within 24 months after receipt | ||||||
4 | of notice of approval of the purchaser's Program application. | ||||||
5 | Total completion of the project for which the eligible | ||||||
6 | electric vehicle is purchased or leased must occur within 36 | ||||||
7 | months after receipt of grant funds under the Program. | ||||||
8 | (g) A grant under this Section may be combined with other | ||||||
9 | public incentives to support fleet purchasing decisions. | ||||||
10 | Receipt of any other public incentive for an eligible electric | ||||||
11 | vehicle shall not preclude a purchaser from being awarded a | ||||||
12 | grant under this Section. However, the combined total of | ||||||
13 | governmental incentives, including, but not limited to, tax | ||||||
14 | credits, grants, or vouchers, shall not exceed 80% of the | ||||||
15 | purchase price of the vehicle. | ||||||
16 | (h) The Agency shall set aside 20% of the appropriated | ||||||
17 | funds under the Program for grants to the eligible purchaser | ||||||
18 | of an electric school bus. | ||||||
19 | (i) All awards granted under this Section are subject to | ||||||
20 | appropriation by the General Assembly. | ||||||
21 | Section 3-60. The Open Space Lands Acquisition and | ||||||
22 | Development Act is amended by adding Section 11.1 as follows: | ||||||
23 | (525 ILCS 35/11.1 new) | ||||||
24 | Sec. 11.1. Distressed Local Government Report. No later |
| |||||||
| |||||||
1 | than March 31, 2025, the Department shall prepare and submit a | ||||||
2 | report to the General Assembly evaluating distressed local | ||||||
3 | governments that received grants under this Act in Fiscal | ||||||
4 | Years 2023, 2024, and 2025. The report shall include the | ||||||
5 | following, at a minimum: | ||||||
6 | (1) a list of the local governments that applied for | ||||||
7 | grants in each fiscal year; | ||||||
8 | (2) a list of the local governments awarded grants and | ||||||
9 | the amount awarded; | ||||||
10 | (3) each grant recipient's total budget; | ||||||
11 | (4) each grant recipient's population; | ||||||
12 | (5) a description of whether the grant recipient | ||||||
13 | previously received a grant under this Act and, if so, the | ||||||
14 | number of times and whether the local government provided | ||||||
15 | a 50/50 or 90/10 match; | ||||||
16 | (6) a description of whether the project was in a | ||||||
17 | location designated as a disadvantaged community on the | ||||||
18 | Climate and Economic Justice Screening Tool created by the | ||||||
19 | Chair of the Council on Environmental Quality under | ||||||
20 | subsection (a) of Section 222 of Presidential Executive | ||||||
21 | Order 14008 "Tackling the Climate Crisis at Home and | ||||||
22 | Abroad"; and | ||||||
23 | (7) a description of the Department's criteria for | ||||||
24 | waiving the matching criteria for distressed local | ||||||
25 | government grant recipients in fiscal year 2025 that | ||||||
26 | demonstrated their inability to provide any local match. |
| |||||||
| |||||||
1 | Article 5. | ||||||
2 | Section 5-5. The Illinois Act on the Aging is amended by | ||||||
3 | adding Section 4.01b as follows: | ||||||
4 | (20 ILCS 105/4.01b new) | ||||||
5 | Sec. 4.01b. Indirect cost funds. The Department has the | ||||||
6 | authority to apply for, accept, receive, expend, and | ||||||
7 | administer on behalf of the State any indirect cost | ||||||
8 | reimbursements, funds, or anything else of value made | ||||||
9 | available to the Department from any source for assistance | ||||||
10 | with programmatic activities or administrative costs related | ||||||
11 | to the Department's programs. Any federal indirect cost | ||||||
12 | reimbursements received by the Department pursuant to this | ||||||
13 | Section shall be deposited into the Department on Aging | ||||||
14 | Federal Indirect Cost Fund, and such moneys shall be expended, | ||||||
15 | subject to appropriation, only for authorized purposes. | ||||||
16 | Section 5-10. The Department of Commerce and Economic | ||||||
17 | Opportunity Law of the Civil Administrative Code of Illinois | ||||||
18 | is amended by changing Sections 605-55, 605-420, and 605-515 | ||||||
19 | and by adding Section 605-60 as follows: | ||||||
20 | (20 ILCS 605/605-55) (was 20 ILCS 605/46.21) | ||||||
21 | Sec. 605-55. Contracts and other acts to accomplish |
| |||||||
| |||||||
1 | Department's duties. To make and enter into contracts, | ||||||
2 | including but not limited to making grants and loans to units | ||||||
3 | of local government, private agencies as defined in the | ||||||
4 | Illinois State Auditing Act, non-profit corporations, | ||||||
5 | educational institutions, and for-profit businesses as | ||||||
6 | authorized pursuant to appropriations by the General Assembly | ||||||
7 | from the Build Illinois Bond Fund, the Rebuild Illinois | ||||||
8 | Projects Fund, the Fund for Illinois' Future, the Capital | ||||||
9 | Development Fund, and the General Revenue Fund, and, for | ||||||
10 | Fiscal Year 2023 only, the Chicago Travel Industry Promotion | ||||||
11 | Fund, and generally to do all things that, in its judgment, may | ||||||
12 | be necessary, proper, and expedient in accomplishing its | ||||||
13 | duties. | ||||||
14 | (Source: P.A. 102-699, eff. 4-19-22.) | ||||||
15 | (20 ILCS 605/605-60 new) | ||||||
16 | Sec. 605-60. DCEO Projects Fund. The DCEO Projects Fund is | ||||||
17 | created as a trust fund in the State treasury. The Department | ||||||
18 | is authorized to accept and deposit into the Fund moneys | ||||||
19 | received from any gifts, grants, transfers, or other sources, | ||||||
20 | public or private, unless deposit into a different fund is | ||||||
21 | otherwise mandated. Subject to appropriation, the Department | ||||||
22 | shall use moneys in the Fund to make grants or loans to and | ||||||
23 | enter into contracts with units of local government, local and | ||||||
24 | regional economic development corporations, and not-for-profit | ||||||
25 | organizations for municipal development projects, for the |
| |||||||
| |||||||
1 | specific purposes established by the terms and conditions of | ||||||
2 | the gift, grant, or award, and for related administrative | ||||||
3 | expenses. As used in this Section, the term "municipal | ||||||
4 | development projects" includes, but is not limited to, grants | ||||||
5 | for reducing food insecurity in urban and rural areas. | ||||||
6 | (20 ILCS 605/605-420) (was 20 ILCS 605/46.75) | ||||||
7 | Sec. 605-420. Workforce, Technology, and Economic | ||||||
8 | Development Fund. | ||||||
9 | (a) The Department may accept gifts, grants, awards, | ||||||
10 | matching contributions, interest income, appropriations, and | ||||||
11 | cost sharings from individuals, businesses, governments, and | ||||||
12 | other third-party sources, on terms that the Director deems | ||||||
13 | advisable, for any or all of the following purposes: | ||||||
14 | (1) (Blank); | ||||||
15 | (2) to assist economically disadvantaged and other | ||||||
16 | youth to make a successful transition from school to work; | ||||||
17 | (3) to assist other individuals targeted for services | ||||||
18 | through education, training, and workforce development | ||||||
19 | programs to obtain employment-related skills and obtain | ||||||
20 | employment; | ||||||
21 | (4) to identify, develop, commercialize, or promote | ||||||
22 | technology within the State; and | ||||||
23 | (5) to promote economic development within the State. | ||||||
24 | (b) The Workforce, Technology, and Economic Development | ||||||
25 | Fund is created as a special fund in the State Treasury. All On |
| |||||||
| |||||||
1 | September 1, 2000, or as soon thereafter as may be reasonably | ||||||
2 | practicable, the State Comptroller shall transfer from the | ||||||
3 | Fund into the Title III Social Security and Employment Fund | ||||||
4 | all moneys that were received for the purposes of Section | ||||||
5 | 403(a)(5) of the federal Social Security Act and remain | ||||||
6 | unobligated on that date. Beginning on the effective date of | ||||||
7 | this amendatory Act of the 92nd General Assembly, all moneys | ||||||
8 | received under this Section for the purposes of Section | ||||||
9 | 403(a)(5) of the federal Social Security Act, except moneys | ||||||
10 | that may be necessary to pay liabilities outstanding as of | ||||||
11 | June 30, 2000, shall be deposited into the Title III Social | ||||||
12 | Security and Employment Fund, and all other moneys received | ||||||
13 | under this Section shall be deposited into the Workforce, | ||||||
14 | Technology, and Economic Development Fund. | ||||||
15 | Moneys received under this Section are subject to | ||||||
16 | appropriation by the General Assembly may be expended for | ||||||
17 | purposes consistent with the conditions under which those | ||||||
18 | moneys were are received, including, but not limited to, the | ||||||
19 | making of grants and any other purpose authorized by law | ||||||
20 | subject to appropriations made by the General Assembly for | ||||||
21 | those purposes . | ||||||
22 | (Source: P.A. 91-34, eff. 7-1-99; 91-704, eff. 7-1-00; 92-298, | ||||||
23 | eff. 8-9-01.) | ||||||
24 | (20 ILCS 605/605-515) (was 20 ILCS 605/46.13a) | ||||||
25 | Sec. 605-515. Environmental Regulatory Assistance Program. |
| |||||||
| |||||||
1 | (a) In this Section, except where the context clearly | ||||||
2 | requires otherwise, "small business stationary source" means a | ||||||
3 | business that is owned or operated by a person that employs 100 | ||||||
4 | or fewer individuals; is a small business; is not a major | ||||||
5 | stationary source as defined in Titles I and III of the federal | ||||||
6 | 1990 Clean Air Act Amendments; does not emit 50 tons or more | ||||||
7 | per year of any regulated pollutant (as defined under the | ||||||
8 | federal Clean Air Act); and emits less than 75 tons per year of | ||||||
9 | all regulated pollutants. | ||||||
10 | (b) The Department may: | ||||||
11 | (1) Provide access to technical and compliance | ||||||
12 | information for Illinois firms, including small and middle | ||||||
13 | market companies, to facilitate local business compliance | ||||||
14 | with the federal, State, and local environmental | ||||||
15 | regulations. | ||||||
16 | (2) Coordinate and enter into cooperative agreements | ||||||
17 | with a State ombudsman office, which shall be established | ||||||
18 | in accordance with the federal 1990 Clean Air Act | ||||||
19 | Amendments to provide direct oversight to the program | ||||||
20 | established under that Act. | ||||||
21 | (3) Enter into contracts, cooperative agreements, and | ||||||
22 | financing agreements and establish and collect charges and | ||||||
23 | fees necessary or incidental to the performance of duties | ||||||
24 | and the execution of powers under this Section. | ||||||
25 | (4) Accept and expend, subject to appropriation, | ||||||
26 | gifts, grants, awards, funds, contributions, charges, |
| |||||||
| |||||||
1 | fees, and other financial or nonfinancial aid from | ||||||
2 | federal, State, and local governmental agencies, | ||||||
3 | businesses, educational agencies, not-for-profit | ||||||
4 | organizations, and other entities, for the purposes of | ||||||
5 | this Section. | ||||||
6 | (5) Establish, staff, and administer programs and | ||||||
7 | services and adopt such rules and regulations necessary to | ||||||
8 | carry out the intent of this Section and Section 507, | ||||||
9 | "Small Business Stationary Source Technical and | ||||||
10 | Environmental Compliance Assistance Program", of the | ||||||
11 | federal 1990 Clean Air Act Amendments. | ||||||
12 | (c) The Department's environmental compliance programs and | ||||||
13 | services for businesses may include, but need not be limited | ||||||
14 | to, the following: | ||||||
15 | (1) Communication and outreach services to or on | ||||||
16 | behalf of individual companies, including collection and | ||||||
17 | compilation of appropriate information on regulatory | ||||||
18 | compliance issues and control technologies, and | ||||||
19 | dissemination of that information through publications, | ||||||
20 | direct mailings, electronic communications, conferences, | ||||||
21 | workshops, one-on-one counseling, and other means of | ||||||
22 | technical assistance. | ||||||
23 | (2) Provision of referrals and access to technical | ||||||
24 | assistance, pollution prevention and facility audits, and | ||||||
25 | otherwise serving as an information clearinghouse on | ||||||
26 | pollution prevention through the coordination of the |
| |||||||
| |||||||
1 | Illinois Sustainable Technology Center of the University | ||||||
2 | of Illinois. In addition, environmental and regulatory | ||||||
3 | compliance issues and techniques, which may include | ||||||
4 | business rights and responsibilities, applicable | ||||||
5 | permitting and compliance requirements, compliance methods | ||||||
6 | and acceptable control technologies, release detection, | ||||||
7 | and other applicable information may be provided. | ||||||
8 | (3) Coordination with and provision of administrative | ||||||
9 | and logistical support to the State Compliance Advisory | ||||||
10 | Panel. | ||||||
11 | (d) There is hereby created a special fund in the State | ||||||
12 | Treasury to be known as the Small Business Environmental | ||||||
13 | Assistance Fund. Monies received under subdivision (b)(4) of | ||||||
14 | this Section shall be deposited into the Fund. | ||||||
15 | Monies in the Small Business Environmental Assistance Fund | ||||||
16 | may be used, subject to appropriation, only for the purposes | ||||||
17 | authorized by this Section. | ||||||
18 | (e) Subject to appropriation, the Department may use | ||||||
19 | moneys from the Clean Air Act Permit Fund for the purposes | ||||||
20 | authorized by this Section. | ||||||
21 | (Source: P.A. 98-346, eff. 8-14-13.) | ||||||
22 | Section 5-15. The Renewable Energy, Energy Efficiency, and | ||||||
23 | Coal Resources Development Law of 1997 is amended by changing | ||||||
24 | Section 6-6 as follows: |
| |||||||
| |||||||
1 | (20 ILCS 687/6-6) | ||||||
2 | (Section scheduled to be repealed on December 31, 2025) | ||||||
3 | Sec. 6-6. Energy efficiency program. | ||||||
4 | (a) For the year beginning January 1, 1998, and thereafter | ||||||
5 | as provided in this Section, each electric utility as defined | ||||||
6 | in Section 3-105 of the Public Utilities Act and each | ||||||
7 | alternative retail electric supplier as defined in Section | ||||||
8 | 16-102 of the Public Utilities Act supplying electric power | ||||||
9 | and energy to retail customers located in the State of | ||||||
10 | Illinois shall contribute annually a pro rata share of a total | ||||||
11 | amount of $3,000,000 based upon the number of kilowatt-hours | ||||||
12 | sold by each such entity in the 12 months preceding the year of | ||||||
13 | contribution. On or before May 1 of each year, the Illinois | ||||||
14 | Commerce Commission shall determine and notify the Agency of | ||||||
15 | the pro rata share owed by each electric utility and each | ||||||
16 | alternative retail electric supplier based upon information | ||||||
17 | supplied annually to the Illinois Commerce Commission. On or | ||||||
18 | before June 1 of each year, the Agency shall send written | ||||||
19 | notification to each electric utility and each alternative | ||||||
20 | retail electric supplier of the amount of pro rata share they | ||||||
21 | owe. These contributions shall be remitted to the Illinois | ||||||
22 | Environmental Protection Agency on or before June 30 of each | ||||||
23 | year the contribution is due on a return prescribed and | ||||||
24 | furnished by the Illinois Environmental Protection Agency | ||||||
25 | showing such information as the Illinois Environmental | ||||||
26 | Protection Agency may reasonably require. The funds received |
| |||||||
| |||||||
1 | pursuant to this Section shall be subject to the appropriation | ||||||
2 | of funds by the General Assembly. The Illinois Environmental | ||||||
3 | Protection Agency shall place the funds remitted under this | ||||||
4 | Section in a trust fund, that is hereby created in the State | ||||||
5 | Treasury, called the Energy Efficiency Trust Fund. If an | ||||||
6 | electric utility or alternative retail electric supplier does | ||||||
7 | not remit its pro rata share to the Illinois Environmental | ||||||
8 | Protection Agency, the Illinois Environmental Protection | ||||||
9 | Agency must inform the Illinois Commerce Commission of such | ||||||
10 | failure. The Illinois Commerce Commission may then revoke the | ||||||
11 | certification of that electric utility or alternative retail | ||||||
12 | electric supplier. The Illinois Commerce Commission may not | ||||||
13 | renew the certification of any electric utility or alternative | ||||||
14 | retail electric supplier that is delinquent in paying its pro | ||||||
15 | rata share. These changes made to this subsection (a) by | ||||||
16 | Public Act 103-363 this amendatory Act of the 103rd General | ||||||
17 | Assembly apply beginning July 1, 2023. | ||||||
18 | (b) The Agency shall disburse the moneys in the Energy | ||||||
19 | Efficiency Trust Fund to benefit residential electric | ||||||
20 | customers through projects which the Agency has determined | ||||||
21 | will promote energy efficiency in the State of Illinois and to | ||||||
22 | pay the associated operational expenses of the Agency in | ||||||
23 | administering the grant program . The Agency Department of | ||||||
24 | Commerce and Economic Opportunity shall establish a list of | ||||||
25 | projects eligible for grants from the Energy Efficiency Trust | ||||||
26 | Fund including, but not limited to, supporting energy |
| |||||||
| |||||||
1 | efficiency efforts for low-income households, replacing energy | ||||||
2 | inefficient windows with more efficient windows, replacing | ||||||
3 | energy inefficient appliances with more efficient appliances, | ||||||
4 | replacing energy inefficient lighting with more efficient | ||||||
5 | lighting, insulating dwellings and buildings, using market | ||||||
6 | incentives to encourage energy efficiency, and such other | ||||||
7 | projects which will increase energy efficiency in homes and | ||||||
8 | rental properties. | ||||||
9 | (c) The Agency may, by administrative rule, establish | ||||||
10 | criteria and an application process for this grant program. | ||||||
11 | (d) (Blank). | ||||||
12 | (e) (Blank). | ||||||
13 | (Source: P.A. 102-444, eff. 8-20-21; 103-363, eff. 7-28-23.) | ||||||
14 | Section 5-17. The Department of Natural Resources | ||||||
15 | (Conservation) Law of the Civil Administrative Code of | ||||||
16 | Illinois is amended by changing Section 805-305 as follows: | ||||||
17 | (20 ILCS 805/805-305) (was 20 ILCS 805/63a23) | ||||||
18 | Sec. 805-305. Campsites and housing facilities. | ||||||
19 | (a) The Department has the power to provide facilities for | ||||||
20 | overnight tent and trailer campsites and to provide suitable | ||||||
21 | housing facilities for student and juvenile overnight camping | ||||||
22 | groups. The Department of Natural Resources may regulate, by | ||||||
23 | administrative order, the fees to be charged for tent and | ||||||
24 | trailer camping units at individual park areas based upon the |
| |||||||
| |||||||
1 | facilities available. | ||||||
2 | (b) However, for campsites with access to showers or | ||||||
3 | electricity, any Illinois resident who is age 62 or older or | ||||||
4 | has a Class 2 disability as defined in Section 4A of the | ||||||
5 | Illinois Identification Card Act shall be charged only | ||||||
6 | one-half of the camping fee charged to the general public | ||||||
7 | during the period Monday through Thursday of any week and | ||||||
8 | shall be charged the same camping fee as the general public on | ||||||
9 | all other days. For campsites without access to showers or | ||||||
10 | electricity, no camping fee authorized by this Section shall | ||||||
11 | be charged to any resident of Illinois who has a Class 2 | ||||||
12 | disability as defined in Section 4A of the Illinois | ||||||
13 | Identification Card Act. For campsites without access to | ||||||
14 | showers or electricity, no camping fee authorized by this | ||||||
15 | Section shall be charged to any resident of Illinois who is age | ||||||
16 | 62 or older for the use of a campsite unit during the period | ||||||
17 | Monday through Thursday of any week. No camping fee authorized | ||||||
18 | by this Section shall be charged to any resident of Illinois | ||||||
19 | who is a veteran with a disability or a former prisoner of war, | ||||||
20 | as defined in Section 5 of the Department of Veterans' Affairs | ||||||
21 | Act. No camping fee authorized by this Section shall be | ||||||
22 | charged to any resident of Illinois after returning from | ||||||
23 | service abroad or mobilization by the President of the United | ||||||
24 | States as an active duty member of the United States Armed | ||||||
25 | Forces, the Illinois National Guard, or the Reserves of the | ||||||
26 | United States Armed Forces for the amount of time that the |
| |||||||
| |||||||
1 | active duty member spent in service abroad or mobilized if the | ||||||
2 | person applies for a pass with the Department within 2 years | ||||||
3 | after returning and provides acceptable verification of | ||||||
4 | service or mobilization to the Department. Any portion of a | ||||||
5 | year that the active duty member spent in service abroad or | ||||||
6 | mobilized shall count as a full year. The procedure by which a | ||||||
7 | person may provide to the Department verification of service | ||||||
8 | abroad or mobilization by the President of the United States | ||||||
9 | shall be set by administrative rule. Nonresidents shall be | ||||||
10 | charged the same fees as are authorized for the general public | ||||||
11 | regardless of age. The Department shall provide by regulation | ||||||
12 | for suitable proof of age, or either a valid driver's license | ||||||
13 | or a "Golden Age Passport" issued by the federal government | ||||||
14 | shall be acceptable as proof of age. The Department shall | ||||||
15 | further provide by regulation that notice of these reduced | ||||||
16 | admission fees be posted in a conspicuous place and manner. | ||||||
17 | Reduced fees authorized in this Section shall not apply to | ||||||
18 | any charge for utility service. | ||||||
19 | For the purposes of this Section, "acceptable verification | ||||||
20 | of service or mobilization" means official documentation from | ||||||
21 | the Department of Defense or the appropriate Major Command | ||||||
22 | showing mobilization dates or service abroad dates, including: | ||||||
23 | (i) a DD-214, (ii) a letter from the Illinois Department of | ||||||
24 | Military Affairs for members of the Illinois National Guard, | ||||||
25 | (iii) a letter from the Regional Reserve Command for members | ||||||
26 | of the Armed Forces Reserve, (iv) a letter from the Major |
| |||||||
| |||||||
1 | Command covering Illinois for active duty members, (v) | ||||||
2 | personnel records for mobilized State employees, and (vi) any | ||||||
3 | other documentation that the Department, by administrative | ||||||
4 | rule, deems acceptable to establish dates of mobilization or | ||||||
5 | service abroad. | ||||||
6 | For the purposes of this Section, the term "service | ||||||
7 | abroad" means active duty service outside of the 50 United | ||||||
8 | States and the District of Columbia, and includes all active | ||||||
9 | duty service in territories and possessions of the United | ||||||
10 | States. | ||||||
11 | (c) To promote State campground use and Illinois State | ||||||
12 | Fair attendance, the Department shall waive the camping fees | ||||||
13 | for up to 2 nights of camping at Jim Edgar Panther Creek State | ||||||
14 | Fish and Wildlife Area, Sangchris Lake State Park, or | ||||||
15 | Lincoln's New Salem State Historic Site during the period from | ||||||
16 | August 11, 2024 to August 15, 2024 for a camper who: | ||||||
17 | (1) is 18 years of age or older; | ||||||
18 | (2) provides proof of having purchased, between June | ||||||
19 | 26, 2024 and July 3, 2024, a season admission ticket | ||||||
20 | booklet from the Department of Agriculture for entry into | ||||||
21 | the 2024 Illinois State Fair in Springfield; and | ||||||
22 | (3) requests the camping fee waiver in person at the | ||||||
23 | time of permit issuance at the State campground. | ||||||
24 | The waivers under this subsection (c) shall be granted on | ||||||
25 | a first-come, first-served basis for a maximum of 40 sites at | ||||||
26 | each of the 3 identified State campgrounds. Fees for utility |
| |||||||
| |||||||
1 | service are not subject to waiver. Waivers under this | ||||||
2 | subsection (c) are limited to one per camper. | ||||||
3 | (Source: P.A. 102-780, eff. 5-13-22.) | ||||||
4 | Section 5-18. The Department of Innovation and Technology | ||||||
5 | Act is amended by changing Section 1-5 as follows: | ||||||
6 | (20 ILCS 1370/1-5) | ||||||
7 | Sec. 1-5. Definitions. In this Act: | ||||||
8 | "Client agency" means each transferring agency, or its | ||||||
9 | successor, and any other public agency to which the Department | ||||||
10 | provides service to the extent specified in an interagency | ||||||
11 | agreement with the public agency. | ||||||
12 | "Dedicated unit" means the dedicated bureau, division, | ||||||
13 | office, or other unit within a transferring agency that is | ||||||
14 | responsible for the information technology functions of the | ||||||
15 | transferring agency. | ||||||
16 | "Department" means the Department of Innovation and | ||||||
17 | Technology. | ||||||
18 | "Information technology" means technology, | ||||||
19 | infrastructure, equipment, systems, software, networks, and | ||||||
20 | processes used to create, send, receive, and store electronic | ||||||
21 | or digital information, including, without limitation, | ||||||
22 | computer systems and telecommunication services and systems. | ||||||
23 | "Information technology" shall be construed broadly to | ||||||
24 | incorporate future technologies that change or supplant those |
| |||||||
| |||||||
1 | in effect as of the effective date of this Act. | ||||||
2 | "Information technology functions" means the development, | ||||||
3 | procurement, installation, retention, maintenance, operation, | ||||||
4 | possession, storage, and related functions of all information | ||||||
5 | technology. | ||||||
6 | "Secretary" means the Secretary of Innovation and | ||||||
7 | Technology. | ||||||
8 | "State agency" means each State agency, department, board, | ||||||
9 | and commission under the jurisdiction of the Governor. | ||||||
10 | "Transferring agency" means the Department on Aging; the | ||||||
11 | Departments of Agriculture, Central Management Services, | ||||||
12 | Children and Family Services, Commerce and Economic | ||||||
13 | Opportunity, Corrections, Employment Security, Financial and | ||||||
14 | Professional Regulation, Healthcare and Family Services, Human | ||||||
15 | Rights, Human Services, Insurance, Juvenile Justice, Labor, | ||||||
16 | Lottery, Military Affairs, Natural Resources, Public Health, | ||||||
17 | Revenue, Transportation, and Veterans' Affairs; the Illinois | ||||||
18 | State Police; the Capital Development Board; the Deaf and Hard | ||||||
19 | of Hearing Commission; the Environmental Protection Agency; | ||||||
20 | the Governor's Office of Management and Budget; the | ||||||
21 | Guardianship and Advocacy Commission; the Abraham Lincoln | ||||||
22 | Presidential Library and Museum; the Illinois Arts Council; | ||||||
23 | the Illinois Council on Developmental Disabilities; the | ||||||
24 | Illinois Emergency Management Agency; the Illinois Gaming | ||||||
25 | Board; the Illinois Liquor Control Commission; the Office of | ||||||
26 | the State Fire Marshal; and the Prisoner Review Board ; and the |
| |||||||
| |||||||
1 | Department of Early Childhood . | ||||||
2 | (Source: P.A. 102-376, eff. 1-1-22; 102-538, eff. 8-20-21; | ||||||
3 | 102-813, eff. 5-13-22; 102-870, eff. 1-1-23 .) | ||||||
4 | Section 5-20. The Illinois Lottery Law is amended by | ||||||
5 | changing Section 21.16 as follows: | ||||||
6 | (20 ILCS 1605/21.16) | ||||||
7 | Sec. 21.16. Illinois DREAM scratch-off. | ||||||
8 | (a) The Department shall offer a special Illinois DREAM | ||||||
9 | instant scratch-off game for the benefit of the Illinois DREAM | ||||||
10 | Fund Commission. The new revenue from the Illinois DREAM | ||||||
11 | scratch-off game shall be deposited into the Illinois DREAM | ||||||
12 | Fund, a special fund that is created in the State treasury. | ||||||
13 | Subject to appropriation to the Illinois Student Assistance | ||||||
14 | Commission , money in the Illinois DREAM Fund shall be used to | ||||||
15 | assist in funding scholarships and other statutory | ||||||
16 | responsibilities of the Illinois DREAM Fund Commission. The | ||||||
17 | game shall commence on January 1, 2024 or as soon thereafter as | ||||||
18 | is reasonably practical. The Department shall consult with the | ||||||
19 | Illinois DREAM Fund Commission established under Section 67 of | ||||||
20 | the Higher Education Student Assistance Act regarding the | ||||||
21 | design and promotion of the game. | ||||||
22 | (b) The operation of any games under this Section shall be | ||||||
23 | governed by this Act, and any rules shall be adopted by the | ||||||
24 | Department. |
| |||||||
| |||||||
1 | (c) For purposes of this Section, "net revenue" means the | ||||||
2 | total amount for which tickets have been sold less the sum of | ||||||
3 | the amount paid out in prizes and the actual administrative | ||||||
4 | expenses of the Department solely related to the Illinois | ||||||
5 | DREAM scratch-off game. | ||||||
6 | (d) During the time that tickets are sold for the Illinois | ||||||
7 | DREAM scratch-off game, the Department shall not unreasonably | ||||||
8 | diminish the efforts devoted to marketing any other instant | ||||||
9 | scratch-off lottery game. | ||||||
10 | (e) The Department may adopt any rules necessary to | ||||||
11 | implement and administer this Section in consultation with the | ||||||
12 | Illinois DREAM Fund Commission. | ||||||
13 | (Source: P.A. 103-381, eff. 7-28-23.) | ||||||
14 | Section 5-25. The Illinois Emergency Management Agency Act | ||||||
15 | is amended by changing Section 17.8 as follows: | ||||||
16 | (20 ILCS 3305/17.8) | ||||||
17 | Sec. 17.8. IEMA State Projects Fund. The IEMA State | ||||||
18 | Projects Fund is created as a trust fund in the State treasury. | ||||||
19 | The Fund shall consist of any moneys appropriated to the | ||||||
20 | Agency for purposes of the Illinois' Not-For-Profit Security | ||||||
21 | Grant Program, a grant program authorized by subsection (g-5) | ||||||
22 | of Section 5 of this Act, to provide funding support for target | ||||||
23 | hardening activities and other physical security enhancements | ||||||
24 | 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 , except that, beginning | ||||||
7 | July 1, 2024, the Agency shall not award grants under this | ||||||
8 | Section to those entities whose primary purpose is to provide | ||||||
9 | medical or mental health services . As used in this Section, | ||||||
10 | "target hardening activities" include, but are not limited to, | ||||||
11 | the purchase and installation of security equipment on real | ||||||
12 | property owned or leased by the not-for-profit organization. | ||||||
13 | Grants, gifts, and moneys from any other source, public or | ||||||
14 | private, may also be deposited into the Fund and used for the | ||||||
15 | purposes authorized by this Act. | ||||||
16 | (Source: P.A. 103-8, eff. 6-7-23.) | ||||||
17 | Section 5-30. The State Finance Act is amended by changing | ||||||
18 | Sections 5.1015, 6z-27, 6z-32, 6z-47, 6z-70, 6z-111, 8.3, | ||||||
19 | 8.12, 8g-1, 12-2, and 13.2 and by adding Sections 5e-2 and | ||||||
20 | 6z-140 as follows: | ||||||
21 | (30 ILCS 105/5.1015 new) | ||||||
22 | Sec. 5.1015. The Professions Licensure Fund. | ||||||
23 | (30 ILCS 105/5e-2 new) |
| |||||||
| |||||||
1 | Sec. 5e-2. Transfers from Road Fund. In addition to any | ||||||
2 | other transfers that may be provided for by law, on July 1, | ||||||
3 | 2024, or as soon thereafter as practical, the State | ||||||
4 | Comptroller shall direct and the State Treasurer shall | ||||||
5 | transfer the sum of $20,000,000 from the Road Fund to the | ||||||
6 | Federal/State/Local Airport Fund to be used for purposes | ||||||
7 | consistent with Section 11 of Article IX of the Illinois | ||||||
8 | Constitution. This Section is repealed on January 1, 2026. | ||||||
9 | (30 ILCS 105/6z-27) | ||||||
10 | Sec. 6z-27. All moneys in the Audit Expense Fund shall be | ||||||
11 | transferred, appropriated and used only for the purposes | ||||||
12 | authorized by, and subject to the limitations and conditions | ||||||
13 | prescribed by, the Illinois State Auditing Act. | ||||||
14 | Within 30 days after July 1, 2024 2023 , or as soon | ||||||
15 | thereafter as practical, the State Comptroller shall order | ||||||
16 | transferred and the State Treasurer shall transfer from the | ||||||
17 | following funds moneys in the specified amounts for deposit | ||||||
18 | into the Audit Expense Fund: | ||||||
19 | Attorney General Court Ordered and Voluntary | ||||||
20 | Compliance Payment Projects Fund ..................$22,470 | ||||||
21 | Aggregate Operations Regulatory Fund .....................$605 | ||||||
22 | Agricultural Premium Fund .............................$21,002 | ||||||
23 | Attorney General's State Projects and | ||||||
24 | Court Ordered Distribution Fund ...................$36,873 | ||||||
25 | Anna Veterans Home Fund ................................$1,205 |
| |||||||
| |||||||
1 | Appraisal Administration Fund ..........................$2,670 | ||||||
2 | Attorney General Whistleblower Reward | ||||||
3 | and Protection Fund ..................................$938 | ||||||
4 | Bank and Trust Company Fund ...........................$82,945 | ||||||
5 | Brownfields Redevelopment Fund .........................$1,893 | ||||||
6 | Cannabis Business Development Fund ....................$15,750 | ||||||
7 | Cannabis Expungement Fund ..............................$2,511 | ||||||
8 | Capital Development Board Revolving Fund ...............$4,668 | ||||||
9 | Care Provider Fund for Persons with | ||||||
10 | a Developmental Disability .........................$6,794 | ||||||
11 | CDLIS/AAMVAnet/NMVTIS Trust Fund .......................$1,679 | ||||||
12 | Cemetery Oversight Licensing and Disciplinary Fund .....$6,187 | ||||||
13 | Chicago State University Education Improvement Fund ...$16,893 | ||||||
14 | Chicago Travel Industry Promotion Fund .................$9,146 | ||||||
15 | Child Support Administrative Fund ......................$2,669 | ||||||
16 | Clean Air Act Permit Fund .............................$11,283 | ||||||
17 | Coal Technology Development Assistance Fund ...........$22,087 | ||||||
18 | Community Association Manager | ||||||
19 | Licensing and Disciplinary Fund ....................$1,178 | ||||||
20 | Commitment to Human Services Fund ...................$259,050 | ||||||
21 | Common School Fund ..................................$385,362 | ||||||
22 | Community Mental Health Medicaid Trust Fund ............$6,972 | ||||||
23 | Community Water Supply Laboratory Fund ...................$835 | ||||||
24 | Credit Union Fund .....................................$21,944 | ||||||
25 | Cycle Rider Safety Training Fund .........................$704 | ||||||
26 | DCFS Children's Services Fund ........................$164,036 |
| |||||||
| |||||||
1 | Department of Business Services Special Operations Fund .$4,564 | ||||||
2 | Department of Corrections Reimbursement | ||||||
3 | and Education Fund ................................$23,892 | ||||||
4 | Design Professionals Administration | ||||||
5 | and Investigation Fund .............................$3,892 | ||||||
6 | Department of Human Services Community Services Fund ...$6,314 | ||||||
7 | Downstate Public Transportation Fund ..................$40,428 | ||||||
8 | Drivers Education Fund ...................................$904 | ||||||
9 | Drug Rebate Fund ......................................$40,707 | ||||||
10 | Drug Treatment Fund ......................................$810 | ||||||
11 | Drycleaner Environmental Response Trust Fund ...........$1,555 | ||||||
12 | Education Assistance Fund ..........................$2,347,928 | ||||||
13 | Electric Vehicle Rebate Fund ..........................$24,101 | ||||||
14 | Energy Efficiency Trust Fund .............................$955 | ||||||
15 | Energy Transition Assistance Fund ......................$1,193 | ||||||
16 | Environmental Protection Permit and Inspection Fund ...$17,475 | ||||||
17 | Facilities Management Revolving Fund ..................$21,298 | ||||||
18 | Fair and Exposition Fund .................................$782 | ||||||
19 | Federal Asset Forfeiture Fund ..........................$1,195 | ||||||
20 | Federal High Speed Rail Trust Fund .......................$910 | ||||||
21 | Federal Workforce Training Fund ......................$113,609 | ||||||
22 | Feed Control Fund ......................................$1,263 | ||||||
23 | Fertilizer Control Fund ..................................$778 | ||||||
24 | Fire Prevention Fund ...................................$4,470 | ||||||
25 | Freedom Schools Fund .....................................$636 | ||||||
26 | Fund for the Advancement of Education .................$61,767 |
| |||||||
| |||||||
1 | General Professions Dedicated Fund ....................$36,108 | ||||||
2 | General Revenue Fund ..............................$17,653,153 | ||||||
3 | Grade Crossing Protection Fund .........................$7,759 | ||||||
4 | Hazardous Waste Fund ...................................$9,036 | ||||||
5 | Health and Human Services Medicaid Trust Fund ............$793 | ||||||
6 | Healthcare Provider Relief Fund ......................$209,863 | ||||||
7 | Historic Property Administrative Fund ....................$791 | ||||||
8 | Horse Racing Fund ....................................$233,685 | ||||||
9 | Hospital Provider Fund ................................$66,984 | ||||||
10 | Illinois Affordable Housing Trust Fund ................$30,424 | ||||||
11 | Illinois Charity Bureau Fund ...........................$2,025 | ||||||
12 | Illinois Clean Water Fund .............................$18,928 | ||||||
13 | Illinois Forestry Development Fund ....................$13,054 | ||||||
14 | Illinois Gaming Law Enforcement Fund ...................$1,411 | ||||||
15 | IMSA Income Fund ......................................$10,499 | ||||||
16 | Illinois Military Family Relief Fund ...................$2,963 | ||||||
17 | Illinois National Guard Construction Fund ..............$4,944 | ||||||
18 | Illinois Power Agency Operations Fund ................$154,375 | ||||||
19 | Illinois State Dental Disciplinary Fund ................$3,947 | ||||||
20 | Illinois State Fair Fund ...............................$5,871 | ||||||
21 | Illinois State Medical Disciplinary Fund ..............$32,809 | ||||||
22 | Illinois State Pharmacy Disciplinary Fund .............$10,993 | ||||||
23 | Illinois Student Assistance Commission | ||||||
24 | Contracts and Grants Fund ............................$950 | ||||||
25 | Illinois Veterans Assistance Fund ......................$2,738 | ||||||
26 | Illinois Veterans' Rehabilitation Fund ...................$685 |
| |||||||
| |||||||
1 | Illinois Wildlife Preservation Fund ....................$2,646 | ||||||
2 | Illinois Workers' Compensation Commission | ||||||
3 | Operations Fund ...................................$94,942 | ||||||
4 | Illinois Works Fund ....................................$5,577 | ||||||
5 | Income Tax Refund Fund ...............................$232,364 | ||||||
6 | Insurance Financial Regulation Fund ..................$158,266 | ||||||
7 | Insurance Premium Tax Refund Fund .....................$10,972 | ||||||
8 | Insurance Producer Administration Fund ...............$208,185 | ||||||
9 | International Tourism Fund .............................$1,317 | ||||||
10 | LaSalle Veterans Home Fund .............................$2,656 | ||||||
11 | Law Enforcement Recruitment and Retention Fund ........$10,249 | ||||||
12 | Law Enforcement Training Fund .........................$28,714 | ||||||
13 | LEADS Maintenance Fund ...................................$573 | ||||||
14 | Live and Learn Fund ....................................$8,419 | ||||||
15 | Local Government Distributive Fund ...................$120,745 | ||||||
16 | Local Tourism Fund ....................................$16,582 | ||||||
17 | Long Term Care Ombudsman Fund ............................$635 | ||||||
18 | Long-Term Care Provider Fund ..........................$10,352 | ||||||
19 | Manteno Veterans Home Fund .............................$3,941 | ||||||
20 | Mental Health Fund .....................................$3,560 | ||||||
21 | Mental Health Reporting Fund .............................$878 | ||||||
22 | Military Affairs Trust Fund ............................$1,017 | ||||||
23 | Monitoring Device Driving Permit | ||||||
24 | Administration Fee Fund ..............................$657 | ||||||
25 | Motor Carrier Safety Inspection Fund ...................$1,892 | ||||||
26 | Motor Fuel Tax Fund ..................................$124,570 |
| |||||||
| |||||||
1 | Motor Vehicle License Plate Fund .......................$6,363 | ||||||
2 | Nursing Dedicated and Professional Fund ...............$14,671 | ||||||
3 | Off-Highway Vehicle Trails Fund ........................$1,431 | ||||||
4 | Open Space Lands Acquisition and Development Fund .....$67,764 | ||||||
5 | Optometric Licensing and Disciplinary Board Fund .........$922 | ||||||
6 | Parity Advancement Fund ................................$9,349 | ||||||
7 | Partners For Conservation Fund ........................$25,309 | ||||||
8 | Pawnbroker Regulation Fund ...............................$659 | ||||||
9 | Pension Stabilization Fund .............................$3,009 | ||||||
10 | Personal Property Tax Replacement Fund ...............$251,569 | ||||||
11 | Pesticide Control Fund .................................$4,715 | ||||||
12 | Prisoner Review Board Vehicle and Equipment Fund .......$3,035 | ||||||
13 | Professional Services Fund .............................$3,093 | ||||||
14 | Professions Indirect Cost Fund .......................$194,398 | ||||||
15 | Public Pension Regulation Fund .........................$3,519 | ||||||
16 | Public Transportation Fund ...........................$108,264 | ||||||
17 | Quincy Veterans Home Fund .............................$25,455 | ||||||
18 | Real Estate License Administration Fund ...............$27,976 | ||||||
19 | Rebuild Illinois Projects Fund .........................$3,682 | ||||||
20 | Regional Transportation Authority Occupation and Use Tax | ||||||
21 | Replacement Fund ...................................$3,226 | ||||||
22 | Registered Certified Public Accountants' Administration | ||||||
23 | and Disciplinary Fund ..............................$3,213 | ||||||
24 | Renewable Energy Resources Trust Fund ..................$2,463 | ||||||
25 | Rental Housing Support Program Fund ......................$560 | ||||||
26 | Residential Finance Regulatory Fund ...................$21,672 |
| |||||||
| |||||||
1 | Road Fund ............................................$524,729 | ||||||
2 | Salmon Fund ..............................................$837 | ||||||
3 | Savings Bank Regulatory Fund .............................$528 | ||||||
4 | School Infrastructure Fund ............................$10,122 | ||||||
5 | Secretary of State DUI Administration Fund .............$1,021 | ||||||
6 | Secretary of State Identification Security and | ||||||
7 | Theft Prevention Fund ..............................$4,877 | ||||||
8 | Secretary of State Special License Plate Fund ..........$1,410 | ||||||
9 | Secretary of State Special Services Fund ..............$11,665 | ||||||
10 | Securities Audit and Enforcement Fund ..................$2,279 | ||||||
11 | Serve Illinois Commission Fund ...........................$950 | ||||||
12 | Snowmobile Trail Establishment Fund ......................$653 | ||||||
13 | Solid Waste Management Fund ...........................$17,540 | ||||||
14 | Special Education Medicaid Matching Fund ...............$2,916 | ||||||
15 | Sports Wagering Fund ..................................$14,696 | ||||||
16 | State Police Law Enforcement Administration Fund .......$3,635 | ||||||
17 | State and Local Sales Tax Reform Fund ..................$6,676 | ||||||
18 | State Asset Forfeiture Fund ............................$1,445 | ||||||
19 | State Aviation Program Fund ............................$2,125 | ||||||
20 | State Construction Account Fund ......................$151,079 | ||||||
21 | State Crime Laboratory Fund ............................$6,342 | ||||||
22 | State Gaming Fund ....................................$216,475 | ||||||
23 | State Garage Revolving Fund ............................$4,892 | ||||||
24 | State Lottery Fund ...................................$106,169 | ||||||
25 | State Pensions Fund .................................$500,000 | ||||||
26 | State Police Firearm Services Fund ....................$16,049 |
| |||||||
| |||||||
1 | State Police Services Fund ............................$20,688 | ||||||
2 | State Police Vehicle Fund ..............................$7,562 | ||||||
3 | State Police Whistleblower Reward | ||||||
4 | and Protection Fund ................................$3,858 | ||||||
5 | State Small Business Credit Initiative Fund ...........$20,739 | ||||||
6 | State's Attorneys Appellate | ||||||
7 | Prosecutor's County Fund ..........................$20,621 | ||||||
8 | Subtitle D Management Fund .............................$2,669 | ||||||
9 | Supplemental Low-Income Energy Assistance Fund .......$158,173 | ||||||
10 | Tax Compliance and Administration Fund .................$3,789 | ||||||
11 | Technology Management Revolving Fund .................$620,435 | ||||||
12 | Tobacco Settlement Recovery Fund .......................$4,747 | ||||||
13 | Tourism Promotion Fund ................................$46,998 | ||||||
14 | Traffic and Criminal Conviction Surcharge Fund ........$41,173 | ||||||
15 | Underground Storage Tank Fund .........................$31,314 | ||||||
16 | University of Illinois Hospital Services Fund ..........$3,257 | ||||||
17 | Vehicle Hijacking and Motor Vehicle Theft | ||||||
18 | Prevention and Insurance Verification Trust Fund ...$8,183 | ||||||
19 | Vehicle Inspection Fund ...............................$19,811 | ||||||
20 | Weights and Measures Fund ..............................$3,636 | ||||||
21 | African-American HIV/AIDS Response RESP Fund $1,421 | ||||||
22 | Agricultural Premium Fund $122,719 | ||||||
23 | Alzheimer's Awareness Fund $1,499 | ||||||
24 | Alzheimer's Disease Research, Care, and Support Fund $662 | ||||||
25 | Amusement Ride and Patron Safety Fund $6,315 | ||||||
26 | Assisted Living and & Shared Housing Regulatory |
| |||||||
| |||||||
1 | House Regulation Fund $2,564 | ||||||
2 | Capital Development Board Revolving Fund $15,118 | ||||||
3 | Care Provider Fund for Persons with a Developmental | ||||||
4 | Disability $15,392 | ||||||
5 | Carolyn Adams Ticket For The Cure Grant Fund $927 | ||||||
6 | CDLIS/AAMVANET/NMVTIS Trust Fund (Commercial | ||||||
7 | Driver's License Information | ||||||
8 | System/American Association of | ||||||
9 | Motor Vehicle Administrators | ||||||
10 | network/National Motor Vehicle | ||||||
11 | Title Information Service Trust Fund) $5,236 | ||||||
12 | Chicago Police Memorial Foundation Fund $708 | ||||||
13 | Chicago State University Education Improvement Fund $13,666 | ||||||
14 | Child Labor and Day and Temporary Labor | ||||||
15 | Services Enforcement Fund $11,991 | ||||||
16 | Child Support Administrative Fund $5,287 | ||||||
17 | Clean Air Act Permit Fund $1,556 | ||||||
18 | Coal Technology Development Assistance Fund $6,936 | ||||||
19 | Common School Fund $343,892 | ||||||
20 | Community Mental Health Medicaid Trust Fund $14,084 | ||||||
21 | Corporate Franchise Tax Refund Fund $1,096 | ||||||
22 | DCFS Children's Services Fund $8,766 | ||||||
23 | Death Certificate Surcharge Fund $2,060 | ||||||
24 | Death Penalty Abolition Fund $2,448 | ||||||
25 | Department of Business Services Service Special | ||||||
26 | Operations Fund $13,889 |
| |||||||
| |||||||
1 | Department of Human Services DHS Community | ||||||
2 | Services Fund $7,970 | ||||||
3 | Downstate Public Transportation Fund $11,631 | ||||||
4 | Dram Shop Fund $142,500 | ||||||
5 | Driver Services Administration Fund $1,873 | ||||||
6 | Drug Rebate Fund $42,473 | ||||||
7 | Drug Treatment Fund $1,767 | ||||||
8 | Education Assistance Fund $2,031,292 | ||||||
9 | Emergency Public Health Fund $5,162 | ||||||
10 | Environmental Protection Permit and Inspection Fund $1,447 | ||||||
11 | Estate Tax Refund Fund $852 | ||||||
12 | Facilities Management Revolving Fund $50,148 | ||||||
13 | Facility Licensing Fund $5,522 | ||||||
14 | Fair and & Exposition Fund $4,248 | ||||||
15 | Feed Control Fund $7,709 | ||||||
16 | Fertilizer Control Fund $6,849 | ||||||
17 | Fire Prevention Fund $3,859 | ||||||
18 | Fund for the Advancement of Education $24,772 | ||||||
19 | General Assembly Operations Revolving Rev Fund $1,146 | ||||||
20 | General Professions Dedicated Fund $4,039 | ||||||
21 | General Revenue Fund $17,653,153 | ||||||
22 | Governor's Administrative Fund $2,832 | ||||||
23 | Governor's Grant Fund $17,709 | ||||||
24 | Grade Crossing Protection Fund $930 | ||||||
25 | Grant Accountability and / Transparency Fund $805 | ||||||
26 | Guardianship and & Advocacy Fund $14,843 |
| |||||||
| |||||||
1 | Hazardous Waste Fund $835 | ||||||
2 | Health Facility Plan Review Fund $1,776 | ||||||
3 | Health and Human Services Service Medicaid Trust Fund $6,554 | ||||||
4 | Healthcare Provider Relief Fund $407,107 | ||||||
5 | Healthy Smiles Fund $738 | ||||||
6 | Home Care Services Agency Licensure Fund $3,101 | ||||||
7 | Hospital Licensure Fund $1,688 | ||||||
8 | Hospital Provider Fund $138,829 | ||||||
9 | ICCB Federal Trust Fund $9,968 | ||||||
10 | ICJIA Violence Prevention Fund $932 | ||||||
11 | Illinois IL Affordable Housing Trust Fund $17,236 | ||||||
12 | Illinois IL Clean Water Fund $2,152 | ||||||
13 | IL Community College Board | ||||||
14 | Contracts and Grants 9,968 | ||||||
15 | Illinois IL Health Facilities Planning Fund $3,094 | ||||||
16 | IMSA Income Fund $12,417 | ||||||
17 | Illinois IL Power Agency Operations Fund $62,583 | ||||||
18 | Illinois IL School Asbestos Abatement Fund $784 | ||||||
19 | Illinois IL State Fair Fund $29,752 | ||||||
20 | Illinois IL State Police Memorial Park Fund $681 | ||||||
21 | Illinois Telecommunications IL Telecom Access | ||||||
22 | Corporation Fund $1,668 | ||||||
23 | Illinois IL Underground Utility Facilities | ||||||
24 | Facility Damage Prevention Fund $4,276 | ||||||
25 | Illinois IL Veterans' Rehabilitation Fund $5,943 | ||||||
26 | Illinois IL Workers' Compensation Commission |
| |||||||
| |||||||
1 | Operations Fund $243,187 | ||||||
2 | Income Tax Refund Fund $54,420 | ||||||
3 | Lead Poisoning Screening, Prevention, and | ||||||
4 | Abatement Fund $16,379 | ||||||
5 | Live and Learn Fund $25,492 | ||||||
6 | Lobbyist Registration Administration Fund $1,471 | ||||||
7 | Local Government Distributive Fund $44,025 | ||||||
8 | Long Term Care Monitor/Receiver Receive Fund $42,016 | ||||||
9 | Long-Term Long Term Care Provider Fund $13,537 | ||||||
10 | Low-Level Radioactive Low Level Rad Facility | ||||||
11 | Development and Operation Dev & Op Fund $618 | ||||||
12 | Mandatory Arbitration Fund $2,104 | ||||||
13 | Medical Special Purposes Purpose Trust Fund $786 | ||||||
14 | Mental Health Fund $9,376 | ||||||
15 | Mental Health Reporting Fund $1,443 | ||||||
16 | Metabolic Screening and & Treatment Fund $32,049 | ||||||
17 | Monitoring Device Driving Permit Administration | ||||||
18 | Fee Fund $1,616 | ||||||
19 | Motor Fuel Tax Fund $36,238 | ||||||
20 | Motor Vehicle License Plate Fund $17,694 | ||||||
21 | Motor Vehicle Theft Prevention and Insurance | ||||||
22 | Verification Trust 10,970 | ||||||
23 | Multiple Sclerosis Research Fund $758 | ||||||
24 | Nuclear Safety Emergency Preparedness Fund $26,117 | ||||||
25 | Nursing Dedicated and Professional Fund $2,420 | ||||||
26 | Open Space Lands Acquisition and & Development Fund $658 |
| |||||||
| |||||||
1 | Partners For Conservation Fund $89,847 | ||||||
2 | Pension Stabilization Fund $1,031 | ||||||
3 | Personal Property Tax Replacement Fund $290,755 | ||||||
4 | Pesticide Control Fund $30,513 | ||||||
5 | Plumbing Licensure and & Program Fund $6,276 | ||||||
6 | Police Memorial Committee Fund $813 | ||||||
7 | Professional Services Fund $72,029 | ||||||
8 | Public Health Laboratory Lab Services Revolving | ||||||
9 | Rev Fund $5,816 | ||||||
10 | Public Transportation Fund $46,826 | ||||||
11 | Public Utility Fund $198,423 | ||||||
12 | Radiation Protection Fund $11,034 | ||||||
13 | Renewable Energy Resources Trust Fund $7,834 | ||||||
14 | Road Fund $226,150 | ||||||
15 | Regional Transportation Authority RTA Occupation | ||||||
16 | and & Use Tax Replacement Fund $1,167 | ||||||
17 | School Infrastructure Fund $7,749 | ||||||
18 | Secretary of State DUI Administration Fund $2,694 | ||||||
19 | Secretary of State Identification & Security | ||||||
20 | and Theft Prevention Fund $12,676 | ||||||
21 | Secretary of State Police Services Fund $717 | ||||||
22 | Secretary of State Special License Plate Fund $4,203 | ||||||
23 | Secretary of State Special Services Fund $34,491 | ||||||
24 | Securities Audit and Enforcement Fund $8,198 | ||||||
25 | Solid Waste Management Fund $1,613 | ||||||
26 | Special Olympics Illinois and Special |
| |||||||
| |||||||
1 | Children's Charities Fund $852 | ||||||
2 | Special Education Medicaid Matching Fund $5,131 | ||||||
3 | Sports Wagering Fund $4,450 | ||||||
4 | State and Local Sales Tax Reform Fund $2,361 | ||||||
5 | State Construction Account Fund $37,865 | ||||||
6 | State Gaming Fund $94,435 | ||||||
7 | State Garage Revolving Fund $8,977 | ||||||
8 | State Lottery Fund $340,323 | ||||||
9 | State Pensions Fund $500,000 | ||||||
10 | State Treasurer's Bank Services Trust Fund $1,295 | ||||||
11 | Supreme Court Special Purposes Fund $1,722 | ||||||
12 | Tattoo and & Body Piercing Establishment | ||||||
13 | Registration Fund $950 | ||||||
14 | Tax Compliance and & Administration Fund $1,483 | ||||||
15 | Technology Management Revolving Fund $186,193 | ||||||
16 | Tobacco Settlement Recovery Fund $29,864 | ||||||
17 | Tourism Promotion Fund $50,155 | ||||||
18 | Transportation Regulatory Fund $78,256 | ||||||
19 | Trauma Center Fund $1,960 | ||||||
20 | Underground Storage Tank Fund $3,630 | ||||||
21 | University of Illinois IL Hospital Services Fund $6,712 | ||||||
22 | Vehicle Hijacking and Motor Vehicle | ||||||
23 | Theft Prevention and Insurance | ||||||
24 | Verification Trust Fund $10,970 | ||||||
25 | Vehicle Inspection Fund $5,069 | ||||||
26 | Weights and Measures Fund $22,129 |
| |||||||
| |||||||
1 | Youth Alcoholism and & Substance Abuse Prevention Fund $526 | ||||||
2 | Notwithstanding any provision of the law to the contrary, | ||||||
3 | the General Assembly hereby authorizes the use of such funds | ||||||
4 | for the purposes set forth in this Section. | ||||||
5 | These provisions do not apply to funds classified by the | ||||||
6 | Comptroller as federal trust funds or State trust funds. The | ||||||
7 | Audit Expense Fund may receive transfers from those trust | ||||||
8 | funds only as directed herein, except where prohibited by the | ||||||
9 | terms of the trust fund agreement. The Auditor General shall | ||||||
10 | notify the trustees of those funds of the estimated cost of the | ||||||
11 | audit to be incurred under the Illinois State Auditing Act for | ||||||
12 | the fund. The trustees of those funds shall direct the State | ||||||
13 | Comptroller and Treasurer to transfer the estimated amount to | ||||||
14 | the Audit Expense Fund. | ||||||
15 | The Auditor General may bill entities that are not subject | ||||||
16 | to the above transfer provisions, including private entities, | ||||||
17 | related organizations and entities whose funds are | ||||||
18 | locally-held, for the cost of audits, studies, and | ||||||
19 | investigations incurred on their behalf. Any revenues received | ||||||
20 | under this provision shall be deposited into the Audit Expense | ||||||
21 | Fund. | ||||||
22 | In the event that moneys on deposit in any fund are | ||||||
23 | unavailable, by reason of deficiency or any other reason | ||||||
24 | preventing their lawful transfer, the State Comptroller shall | ||||||
25 | order transferred and the State Treasurer shall transfer the | ||||||
26 | amount deficient or otherwise unavailable from the General |
| |||||||
| |||||||
1 | Revenue Fund for deposit into the Audit Expense Fund. | ||||||
2 | On or before December 1, 1992, and each December 1 | ||||||
3 | thereafter, the Auditor General shall notify the Governor's | ||||||
4 | Office of Management and Budget (formerly Bureau of the | ||||||
5 | Budget) of the amount estimated to be necessary to pay for | ||||||
6 | audits, studies, and investigations in accordance with the | ||||||
7 | Illinois State Auditing Act during the next succeeding fiscal | ||||||
8 | year for each State fund for which a transfer or reimbursement | ||||||
9 | is anticipated. | ||||||
10 | Beginning with fiscal year 1994 and during each fiscal | ||||||
11 | year thereafter, the Auditor General may direct the State | ||||||
12 | Comptroller and Treasurer to transfer moneys from funds | ||||||
13 | authorized by the General Assembly for that fund. In the event | ||||||
14 | funds, including federal and State trust funds but excluding | ||||||
15 | the General Revenue Fund, are transferred, during fiscal year | ||||||
16 | 1994 and during each fiscal year thereafter, in excess of the | ||||||
17 | amount to pay actual costs attributable to audits, studies, | ||||||
18 | and investigations as permitted or required by the Illinois | ||||||
19 | State Auditing Act or specific action of the General Assembly, | ||||||
20 | the Auditor General shall, on September 30, or as soon | ||||||
21 | thereafter as is practicable, direct the State Comptroller and | ||||||
22 | Treasurer to transfer the excess amount back to the fund from | ||||||
23 | which it was originally transferred. | ||||||
24 | (Source: P.A. 102-16, eff. 6-17-21; 102-699, eff. 4-19-22; | ||||||
25 | 103-8, eff. 6-7-23; 103-129, eff. 6-30-23; revised 11-21-23.) |
| |||||||
| |||||||
1 | (30 ILCS 105/6z-32) | ||||||
2 | Sec. 6z-32. Partners for Planning and Conservation. | ||||||
3 | (a) The Partners for Conservation Fund (formerly known as | ||||||
4 | the Conservation 2000 Fund) and the Partners for Conservation | ||||||
5 | Projects Fund (formerly known as the Conservation 2000 | ||||||
6 | Projects Fund) are created as special funds in the State | ||||||
7 | Treasury. These funds shall be used to establish a | ||||||
8 | comprehensive program to protect Illinois' natural resources | ||||||
9 | through cooperative partnerships between State government and | ||||||
10 | public and private landowners. Moneys in these Funds may be | ||||||
11 | used, subject to appropriation, by the Department of Natural | ||||||
12 | Resources, Environmental Protection Agency, and the Department | ||||||
13 | of Agriculture for purposes relating to natural resource | ||||||
14 | protection, planning, recreation, tourism, climate resilience, | ||||||
15 | and compatible agricultural and economic development | ||||||
16 | activities. Without limiting these general purposes, moneys in | ||||||
17 | these Funds may be used, subject to appropriation, for the | ||||||
18 | following specific purposes: | ||||||
19 | (1) To foster sustainable agriculture practices and | ||||||
20 | control soil erosion, sedimentation, and nutrient loss | ||||||
21 | from farmland, including grants to Soil and Water | ||||||
22 | Conservation Districts for conservation practice | ||||||
23 | cost-share grants and for personnel, educational, and | ||||||
24 | administrative expenses. | ||||||
25 | (2) To establish and protect a system of ecosystems in | ||||||
26 | public and private ownership through conservation |
| |||||||
| |||||||
1 | easements, incentives to public and private landowners, | ||||||
2 | natural resource restoration and preservation, water | ||||||
3 | quality protection and improvement, land use and watershed | ||||||
4 | planning, technical assistance and grants, and land | ||||||
5 | acquisition provided these mechanisms are all voluntary on | ||||||
6 | the part of the landowner and do not involve the use of | ||||||
7 | eminent domain. | ||||||
8 | (3) To develop a systematic and long-term program to | ||||||
9 | effectively measure and monitor natural resources and | ||||||
10 | ecological conditions through investments in technology | ||||||
11 | and involvement of scientific experts. | ||||||
12 | (4) To initiate strategies to enhance, use, and | ||||||
13 | maintain Illinois' inland lakes through education, | ||||||
14 | technical assistance, research, and financial incentives. | ||||||
15 | (5) To partner with private landowners and with units | ||||||
16 | of State, federal, and local government and with | ||||||
17 | not-for-profit organizations in order to integrate State | ||||||
18 | and federal programs with Illinois' natural resource | ||||||
19 | protection and restoration efforts and to meet | ||||||
20 | requirements to obtain federal and other funds for | ||||||
21 | conservation or protection of natural resources. | ||||||
22 | (6) To support the State's Nutrient Loss Reduction | ||||||
23 | Strategy, including, but not limited to, funding the | ||||||
24 | resources needed to support the Strategy's Policy Working | ||||||
25 | Group, cover water quality monitoring in support of | ||||||
26 | Strategy implementation, prepare a biennial report on the |
| ||||||||||||||||||||||||||||||
| ||||||||||||||||||||||||||||||
1 | progress made on the Strategy every 2 years, and provide | |||||||||||||||||||||||||||||
2 | cost share funding for nutrient capture projects. | |||||||||||||||||||||||||||||
3 | (7) To provide capacity grants to support soil and | |||||||||||||||||||||||||||||
4 | water conservation districts, including, but not limited | |||||||||||||||||||||||||||||
5 | to, developing soil health plans, conducting soil health | |||||||||||||||||||||||||||||
6 | assessments, peer-to-peer training, convening | |||||||||||||||||||||||||||||
7 | producer-led dialogues, professional memberships, lab | |||||||||||||||||||||||||||||
8 | analysis, and and travel stipends for meetings and | |||||||||||||||||||||||||||||
9 | educational events. | |||||||||||||||||||||||||||||
10 | (8) To develop guidelines and local soil health | |||||||||||||||||||||||||||||
11 | assessments for advancing soil health. | |||||||||||||||||||||||||||||
12 | (b) The State Comptroller and State Treasurer shall | |||||||||||||||||||||||||||||
13 | automatically transfer on the last day of each month, | |||||||||||||||||||||||||||||
14 | beginning on September 30, 1995 and ending on June 30, 2025 | |||||||||||||||||||||||||||||
15 | 2024 , from the General Revenue Fund to the Partners for | |||||||||||||||||||||||||||||
16 | Conservation Fund, an amount equal to 1/10 of the amount set | |||||||||||||||||||||||||||||
17 | forth below in fiscal year 1996 and an amount equal to 1/12 of | |||||||||||||||||||||||||||||
18 | the amount set forth below in each of the other specified | |||||||||||||||||||||||||||||
19 | fiscal years: | |||||||||||||||||||||||||||||
|
| ||||||||||||||||||||||||||||||||||||||||||||||||||
| ||||||||||||||||||||||||||||||||||||||||||||||||||
| ||||||||||||||||||||||||||||||||||||||||||||||||||
13 | (c) The State Comptroller and State Treasurer shall | |||||||||||||||||||||||||||||||||||||||||||||||||
14 | automatically transfer on the last day of each month beginning | |||||||||||||||||||||||||||||||||||||||||||||||||
15 | on July 31, 2021 and ending June 30, 2022, from the | |||||||||||||||||||||||||||||||||||||||||||||||||
16 | Environmental Protection Permit and Inspection Fund to the | |||||||||||||||||||||||||||||||||||||||||||||||||
17 | Partners for Conservation Fund, an amount equal to 1/12 of | |||||||||||||||||||||||||||||||||||||||||||||||||
18 | $4,135,000. | |||||||||||||||||||||||||||||||||||||||||||||||||
19 | (c-1) The State Comptroller and State Treasurer shall | |||||||||||||||||||||||||||||||||||||||||||||||||
20 | automatically transfer on the last day of each month beginning | |||||||||||||||||||||||||||||||||||||||||||||||||
21 | on July 31, 2022 and ending June 30, 2023, from the | |||||||||||||||||||||||||||||||||||||||||||||||||
22 | Environmental Protection Permit and Inspection Fund to the | |||||||||||||||||||||||||||||||||||||||||||||||||
23 | Partners for Conservation Fund, an amount equal to 1/12 of | |||||||||||||||||||||||||||||||||||||||||||||||||
24 | $5,900,000. | |||||||||||||||||||||||||||||||||||||||||||||||||
25 | (d) There shall be deposited into the Partners for | |||||||||||||||||||||||||||||||||||||||||||||||||
26 | Conservation Projects Fund such bond proceeds and other moneys |
| |||||||
| |||||||
1 | as may, from time to time, be provided by law. | ||||||
2 | (Source: P.A. 102-16, eff. 6-17-21; 102-699, eff. 4-19-22; | ||||||
3 | 103-8, eff. 6-7-23; 103-494, eff. 8-4-23; revised 9-7-23.) | ||||||
4 | (30 ILCS 105/6z-47) | ||||||
5 | Sec. 6z-47. Fund for Illinois' Future. | ||||||
6 | (a) The Fund for Illinois' Future is hereby created as a | ||||||
7 | special fund in the State Treasury. | ||||||
8 | (b) On June 15, 1999 ( Upon the effective date of Public Act | ||||||
9 | 91-38) this amendatory Act of the 91st General Assembly , or as | ||||||
10 | soon as possible thereafter, the Comptroller shall order | ||||||
11 | transferred and the Treasurer shall transfer $260,000,000 from | ||||||
12 | the General Revenue Fund to the Fund for Illinois' Future. | ||||||
13 | On July 15, 2000, or as soon as possible thereafter, the | ||||||
14 | Comptroller shall order transferred and the Treasurer shall | ||||||
15 | transfer $260,000,000 from the General Revenue Fund to the | ||||||
16 | Fund for Illinois' Future. | ||||||
17 | Revenues in the Fund for Illinois' Future shall include | ||||||
18 | any other funds appropriated or transferred into the Fund. | ||||||
19 | (c) Moneys in the Fund for Illinois' Future may be | ||||||
20 | appropriated for the making of grants and expenditures for | ||||||
21 | planning, engineering, acquisition, construction, | ||||||
22 | reconstruction, development, improvement, and extension of | ||||||
23 | public infrastructure in the State of Illinois, including | ||||||
24 | grants to local governments for public infrastructure, grants | ||||||
25 | to public elementary and secondary school districts for public |
| |||||||
| |||||||
1 | infrastructure, grants to universities, colleges, community | ||||||
2 | colleges, and non-profit corporations for public | ||||||
3 | infrastructure, and expenditures for public infrastructure of | ||||||
4 | the State and other related purposes, including but not | ||||||
5 | limited to expenditures for equipment, vehicles, community | ||||||
6 | programs, and recreational facilities. | ||||||
7 | (d) Moneys in the Fund for Illinois' Future may also be | ||||||
8 | appropriated for the making of grants to local governments, | ||||||
9 | public and private elementary and secondary schools, | ||||||
10 | non-profit corporations, and community-based providers for | ||||||
11 | costs associated with violence prevention, community | ||||||
12 | development, educational programs, social services, community | ||||||
13 | programs, and operational expenses. | ||||||
14 | (Source: P.A. 91-38, eff. 6-15-99.) | ||||||
15 | (30 ILCS 105/6z-70) | ||||||
16 | Sec. 6z-70. The Secretary of State Identification Security | ||||||
17 | and Theft Prevention Fund. | ||||||
18 | (a) The Secretary of State Identification Security and | ||||||
19 | Theft Prevention Fund is created as a special fund in the State | ||||||
20 | treasury. The Fund shall consist of any fund transfers, | ||||||
21 | grants, fees, or moneys from other sources received for the | ||||||
22 | purpose of funding identification security and theft | ||||||
23 | prevention measures. | ||||||
24 | (b) All moneys in the Secretary of State Identification | ||||||
25 | Security and Theft Prevention Fund shall be used, subject to |
| |||||||
| |||||||
1 | appropriation, for any costs related to implementing | ||||||
2 | identification security and theft prevention measures. | ||||||
3 | (c) (Blank). | ||||||
4 | (d) (Blank). | ||||||
5 | (e) (Blank). | ||||||
6 | (f) (Blank). | ||||||
7 | (g) (Blank). | ||||||
8 | (h) (Blank). | ||||||
9 | (i) (Blank). | ||||||
10 | (j) (Blank). | ||||||
11 | (k) (Blank). | ||||||
12 | (l) (Blank). | ||||||
13 | (m) (Blank). | ||||||
14 | (n) (Blank). | ||||||
15 | (o) (Blank). Notwithstanding any other provision of State | ||||||
16 | law to the contrary, on or after July 1, 2022, and until June | ||||||
17 | 30, 2023, in addition to any other transfers that may be | ||||||
18 | provided for by law, at the direction of and upon notification | ||||||
19 | of the Secretary of State, the State Comptroller shall direct | ||||||
20 | and the State Treasurer shall transfer amounts into the | ||||||
21 | Secretary of State Identification Security and Theft | ||||||
22 | Prevention Fund from the designated funds not exceeding the | ||||||
23 | following totals: | ||||||
24 | Division of Corporations Registered Limited | ||||||
25 | Liability Partnership Fund $400,000 | ||||||
26 | Department of Business Services Special |
| |||||||
| |||||||
1 | Operations Fund $5,500,000 | ||||||
2 | Securities Audit and Enforcement Fund $4,000,000 | ||||||
3 | Corporate Franchise Tax Refund Fund $4,000,000 | ||||||
4 | (p) Notwithstanding any other provision of State law to | ||||||
5 | the contrary, on or after July 1, 2023, and until June 30, | ||||||
6 | 2024, in addition to any other transfers that may be provided | ||||||
7 | for by law, at the direction of and upon notification of the | ||||||
8 | Secretary of State, the State Comptroller shall direct and the | ||||||
9 | State Treasurer shall transfer amounts into the Secretary of | ||||||
10 | State Identification Security and Theft Prevention Fund from | ||||||
11 | the designated funds not exceeding the following totals: | ||||||
12 | Division of Corporations Registered Limited | ||||||
13 | Liability Partnership Fund ..................$400,000 | ||||||
14 | Department of Business Services Special | ||||||
15 | Operations Fund ...........................$5,500,000 | ||||||
16 | Securities Audit and Enforcement Fund .........$4,000,000 | ||||||
17 | (q) Notwithstanding any other provision of State law to | ||||||
18 | the contrary, on or after July 1, 2024, and until June 30, | ||||||
19 | 2025, in addition to any other transfers that may be provided | ||||||
20 | for by law, at the direction of and upon notification of the | ||||||
21 | Secretary of State, the State Comptroller shall direct and the | ||||||
22 | State Treasurer shall transfer amounts into the Secretary of | ||||||
23 | State Identification Security and Theft Prevention Fund from | ||||||
24 | the designated funds not exceeding the following totals: | ||||||
25 | Division of Corporations Registered Limited | ||||||
26 | Liability Partnership Fund ...................$400,000 |
| |||||||
| |||||||
1 | Department of Business Services Special | ||||||
2 | Operations Fund ............................$5,500,000 | ||||||
3 | Securities Audit and Enforcement Fund ..........$4,000,000 | ||||||
4 | Corporate Franchise Tax Refund Fund ............$3,000,000 | ||||||
5 | (Source: P.A. 102-16, eff. 6-17-21; 102-699, eff. 4-19-22; | ||||||
6 | 103-8, eff. 6-7-23.) | ||||||
7 | (30 ILCS 105/6z-111) | ||||||
8 | Sec. 6z-111. Rebuild Illinois Projects Fund. | ||||||
9 | (a) The Rebuild Illinois Projects Fund is created as a | ||||||
10 | special fund in the State treasury and shall receive moneys | ||||||
11 | from the collection of license fees on initial licenses issued | ||||||
12 | for newly licensed gaming facilities or wagering platforms in | ||||||
13 | Fiscal Year 2019 or thereafter, and any other moneys | ||||||
14 | appropriated or transferred to it as provided by law. | ||||||
15 | (b) Money in the Rebuild Illinois Projects Fund shall be | ||||||
16 | used, subject to appropriation, for grants that support | ||||||
17 | community development, including capital projects and other | ||||||
18 | purposes authorized by law. | ||||||
19 | (Source: P.A. 101-30, eff. 6-28-19.) | ||||||
20 | (30 ILCS 105/6z-140 new) | ||||||
21 | Sec. 6z-140. Professions Licensure Fund. The Professions | ||||||
22 | Licensure Fund is created as a special fund in the State | ||||||
23 | treasury. The Fund may receive revenue from any authorized | ||||||
24 | source, including, but not limited to, gifts, grants, awards, |
| |||||||
| |||||||
1 | transfers, and appropriations. Subject to appropriation, the | ||||||
2 | Department of Financial and Professional Regulation may use | ||||||
3 | moneys in the Fund for costs directly associated with the | ||||||
4 | procurement of electronic data processing software, licenses, | ||||||
5 | or any other information technology system products and for | ||||||
6 | the ongoing costs of electronic data processing software, | ||||||
7 | licenses, or other information technology system products | ||||||
8 | related to the granting, renewal, or administration of all | ||||||
9 | licenses under the Department's jurisdiction. | ||||||
10 | (30 ILCS 105/8.3) | ||||||
11 | Sec. 8.3. Money in the Road Fund shall, if and when the | ||||||
12 | State of Illinois incurs any bonded indebtedness for the | ||||||
13 | construction of permanent highways, be set aside and used for | ||||||
14 | the purpose of paying and discharging annually the principal | ||||||
15 | and interest on that bonded indebtedness then due and payable, | ||||||
16 | and for no other purpose. The surplus, if any, in the Road Fund | ||||||
17 | after the payment of principal and interest on that bonded | ||||||
18 | indebtedness then annually due shall be used as follows: | ||||||
19 | first -- to pay the cost of administration of Chapters | ||||||
20 | 2 through 10 of the Illinois Vehicle Code, except the cost | ||||||
21 | of administration of Articles I and II of Chapter 3 of that | ||||||
22 | Code, and to pay the costs of the Executive Ethics | ||||||
23 | Commission for oversight and administration of the Chief | ||||||
24 | Procurement Officer appointed under paragraph (2) of | ||||||
25 | subsection (a) of Section 10-20 of the Illinois |
| |||||||
| |||||||
1 | Procurement Code for transportation; and | ||||||
2 | secondly -- for expenses of the Department of | ||||||
3 | Transportation for construction, reconstruction, | ||||||
4 | improvement, repair, maintenance, operation, and | ||||||
5 | administration of highways in accordance with the | ||||||
6 | provisions of laws relating thereto, or for any purpose | ||||||
7 | related or incident to and connected therewith, including | ||||||
8 | the separation of grades of those highways with railroads | ||||||
9 | and with highways and including the payment of awards made | ||||||
10 | by the Illinois Workers' Compensation Commission under the | ||||||
11 | terms of the Workers' Compensation Act or Workers' | ||||||
12 | Occupational Diseases Act for injury or death of an | ||||||
13 | employee of the Division of Highways in the Department of | ||||||
14 | Transportation; or for the acquisition of land and the | ||||||
15 | erection of buildings for highway purposes, including the | ||||||
16 | acquisition of highway right-of-way or for investigations | ||||||
17 | to determine the reasonably anticipated future highway | ||||||
18 | needs; or for making of surveys, plans, specifications and | ||||||
19 | estimates for and in the construction and maintenance of | ||||||
20 | flight strips and of highways necessary to provide access | ||||||
21 | to military and naval reservations, to defense industries | ||||||
22 | and defense-industry sites, and to the sources of raw | ||||||
23 | materials and for replacing existing highways and highway | ||||||
24 | connections shut off from general public use at military | ||||||
25 | and naval reservations and defense-industry sites, or for | ||||||
26 | the purchase of right-of-way, except that the State shall |
| |||||||
| |||||||
1 | be reimbursed in full for any expense incurred in building | ||||||
2 | the flight strips; or for the operating and maintaining of | ||||||
3 | highway garages; or for patrolling and policing the public | ||||||
4 | highways and conserving the peace; or for the operating | ||||||
5 | expenses of the Department relating to the administration | ||||||
6 | of public transportation programs; or, during fiscal year | ||||||
7 | 2023, for the purposes of a grant not to exceed $8,394,800 | ||||||
8 | to the Regional Transportation Authority on behalf of PACE | ||||||
9 | for the purpose of ADA/Para-transit expenses; or, during | ||||||
10 | fiscal year 2024, for the purposes of a grant not to exceed | ||||||
11 | $9,108,400 to the Regional Transportation Authority on | ||||||
12 | behalf of PACE for the purpose of ADA/Para-transit | ||||||
13 | expenses; or, during fiscal year 2025, for the purposes of | ||||||
14 | a grant not to exceed $10,020,000 to the Regional | ||||||
15 | Transportation Authority on behalf of PACE for the purpose | ||||||
16 | of ADA/Para-transit expenses; or for any of those purposes | ||||||
17 | or any other purpose that may be provided by law. | ||||||
18 | Appropriations for any of those purposes are payable from | ||||||
19 | the Road Fund. Appropriations may also be made from the Road | ||||||
20 | Fund for the administrative expenses of any State agency that | ||||||
21 | are related to motor vehicles or arise from the use of motor | ||||||
22 | vehicles. | ||||||
23 | Beginning with fiscal year 1980 and thereafter, no Road | ||||||
24 | Fund monies shall be appropriated to the following Departments | ||||||
25 | or agencies of State government for administration, grants, or | ||||||
26 | operations; but this limitation is not a restriction upon |
| |||||||
| |||||||
1 | appropriating for those purposes any Road Fund monies that are | ||||||
2 | eligible for federal reimbursement: | ||||||
3 | 1. Department of Public Health; | ||||||
4 | 2. Department of Transportation, only with respect to | ||||||
5 | subsidies for one-half fare Student Transportation and | ||||||
6 | Reduced Fare for Elderly, except fiscal year 2023 when no | ||||||
7 | more than $17,570,000 may be expended and except fiscal | ||||||
8 | year 2024 when no more than $19,063,500 may be expended | ||||||
9 | and except fiscal year 2025 when no more than $20,969,900 | ||||||
10 | may be expended ; | ||||||
11 | 3. Department of Central Management Services, except | ||||||
12 | for expenditures incurred for group insurance premiums of | ||||||
13 | appropriate personnel; | ||||||
14 | 4. Judicial Systems and Agencies. | ||||||
15 | Beginning with fiscal year 1981 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. Illinois State Police, except for expenditures with | ||||||
22 | respect to the Division of Patrol and Division of Criminal | ||||||
23 | Investigation; | ||||||
24 | 2. Department of Transportation, only with respect to | ||||||
25 | Intercity Rail Subsidies, except fiscal year 2023 when no | ||||||
26 | more than $55,000,000 may be expended and except fiscal |
| |||||||
| |||||||
1 | year 2024 when no more than $60,000,000 may be expended | ||||||
2 | and except fiscal year 2025 when no more than $67,000,000 | ||||||
3 | may be expended , and Rail Freight Services. | ||||||
4 | Beginning with fiscal year 1982 and thereafter, no Road | ||||||
5 | Fund monies shall be appropriated to the following Departments | ||||||
6 | or agencies of State government for administration, grants, or | ||||||
7 | operations; but this limitation is not a restriction upon | ||||||
8 | appropriating for those purposes any Road Fund monies that are | ||||||
9 | eligible for federal reimbursement: Department of Central | ||||||
10 | Management Services, except for awards made by the Illinois | ||||||
11 | Workers' Compensation Commission under the terms of the | ||||||
12 | Workers' Compensation Act or Workers' Occupational Diseases | ||||||
13 | Act for injury or death of an employee of the Division of | ||||||
14 | Highways in the Department of Transportation. | ||||||
15 | Beginning with fiscal year 1984 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. Illinois State Police, except not more than 40% of | ||||||
22 | the funds appropriated for the Division of Patrol and | ||||||
23 | Division of Criminal Investigation; | ||||||
24 | 2. State Officers. | ||||||
25 | Beginning with fiscal year 1984 and thereafter, no Road | ||||||
26 | Fund monies shall be appropriated to any Department or agency |
| |||||||
| |||||||
1 | of State government for administration, grants, or operations | ||||||
2 | except as provided hereafter; but this limitation is not a | ||||||
3 | restriction upon appropriating for those purposes any Road | ||||||
4 | Fund monies that are eligible for federal reimbursement. It | ||||||
5 | shall not be lawful to circumvent the above appropriation | ||||||
6 | limitations by governmental reorganization or other methods. | ||||||
7 | Appropriations shall be made from the Road Fund only in | ||||||
8 | accordance with the provisions of this Section. | ||||||
9 | Money in the Road Fund shall, if and when the State of | ||||||
10 | Illinois incurs any bonded indebtedness for the construction | ||||||
11 | of permanent highways, be set aside and used for the purpose of | ||||||
12 | paying and discharging during each fiscal year the principal | ||||||
13 | and interest on that bonded indebtedness as it becomes due and | ||||||
14 | payable as provided in the Transportation Bond Act, and for no | ||||||
15 | other purpose. The surplus, if any, in the Road Fund after the | ||||||
16 | payment of principal and interest on that bonded indebtedness | ||||||
17 | then annually due shall be used as follows: | ||||||
18 | first -- to pay the cost of administration of Chapters | ||||||
19 | 2 through 10 of the Illinois Vehicle Code; and | ||||||
20 | secondly -- no Road Fund monies derived from fees, | ||||||
21 | excises, or license taxes relating to registration, | ||||||
22 | operation and use of vehicles on public highways or to | ||||||
23 | fuels used for the propulsion of those vehicles, shall be | ||||||
24 | appropriated or expended other than for costs of | ||||||
25 | administering the laws imposing those fees, excises, and | ||||||
26 | license taxes, statutory refunds and adjustments allowed |
| |||||||
| |||||||
1 | thereunder, administrative costs of the Department of | ||||||
2 | Transportation, including, but not limited to, the | ||||||
3 | operating expenses of the Department relating to the | ||||||
4 | administration of public transportation programs, payment | ||||||
5 | of debts and liabilities incurred in construction and | ||||||
6 | reconstruction of public highways and bridges, acquisition | ||||||
7 | of rights-of-way for and the cost of construction, | ||||||
8 | reconstruction, maintenance, repair, and operation of | ||||||
9 | public highways and bridges under the direction and | ||||||
10 | supervision of the State, political subdivision, or | ||||||
11 | municipality collecting those monies, or during fiscal | ||||||
12 | year 2023 for the purposes of a grant not to exceed | ||||||
13 | $8,394,800 to the Regional Transportation Authority on | ||||||
14 | behalf of PACE for the purpose of ADA/Para-transit | ||||||
15 | expenses, or during fiscal year 2024 for the purposes of a | ||||||
16 | grant not to exceed $9,108,400 to the Regional | ||||||
17 | Transportation Authority on behalf of PACE for the purpose | ||||||
18 | of ADA/Para-transit expenses, or during fiscal year 2025 | ||||||
19 | for the purposes of a grant not to exceed $10,020,000 to | ||||||
20 | the Regional Transportation Authority on behalf of PACE | ||||||
21 | for the purpose of ADA/Para-transit expenses, and the | ||||||
22 | costs for patrolling and policing the public highways (by | ||||||
23 | the State, political subdivision, or municipality | ||||||
24 | collecting that money) for enforcement of traffic laws. | ||||||
25 | The separation of grades of such highways with railroads | ||||||
26 | and costs associated with protection of at-grade highway |
| |||||||
| |||||||
1 | and railroad crossing shall also be permissible. | ||||||
2 | Appropriations for any of such purposes are payable from | ||||||
3 | the Road Fund or the Grade Crossing Protection Fund as | ||||||
4 | provided in Section 8 of the Motor Fuel Tax Law. | ||||||
5 | Except as provided in this paragraph, beginning with | ||||||
6 | fiscal year 1991 and thereafter, no Road Fund monies shall be | ||||||
7 | appropriated to the Illinois State Police for the purposes of | ||||||
8 | this Section in excess of its total fiscal year 1990 Road Fund | ||||||
9 | appropriations for those purposes unless otherwise provided in | ||||||
10 | Section 5g of this Act. For fiscal years 2003, 2004, 2005, | ||||||
11 | 2006, and 2007 only, no Road Fund monies shall be appropriated | ||||||
12 | to the Department of State Police for the purposes of this | ||||||
13 | Section in excess of $97,310,000. For fiscal year 2008 only, | ||||||
14 | no Road Fund monies shall be appropriated to the Department of | ||||||
15 | State Police for the purposes of this Section in excess of | ||||||
16 | $106,100,000. For fiscal year 2009 only, no Road Fund monies | ||||||
17 | shall be appropriated to the Department of State Police for | ||||||
18 | the purposes of this Section in excess of $114,700,000. | ||||||
19 | Beginning in fiscal year 2010, no Road Fund road fund moneys | ||||||
20 | shall be appropriated to the Illinois State Police. It shall | ||||||
21 | not be lawful to circumvent this limitation on appropriations | ||||||
22 | by governmental reorganization or other methods unless | ||||||
23 | otherwise provided in Section 5g of this Act. | ||||||
24 | In fiscal year 1994, no Road Fund monies shall be | ||||||
25 | appropriated to the Secretary of State for the purposes of | ||||||
26 | this Section in excess of the total fiscal year 1991 Road Fund |
| ||||||||||||||||||||||||||||||||||||||||||
| ||||||||||||||||||||||||||||||||||||||||||
1 | appropriations to the Secretary of State for those purposes, | |||||||||||||||||||||||||||||||||||||||||
2 | plus $9,800,000. It shall not be lawful to circumvent this | |||||||||||||||||||||||||||||||||||||||||
3 | limitation on appropriations by governmental reorganization or | |||||||||||||||||||||||||||||||||||||||||
4 | other method. | |||||||||||||||||||||||||||||||||||||||||
5 | Beginning with fiscal year 1995 and thereafter, no Road | |||||||||||||||||||||||||||||||||||||||||
6 | Fund monies shall be appropriated to the Secretary of State | |||||||||||||||||||||||||||||||||||||||||
7 | for the purposes of this Section in excess of the total fiscal | |||||||||||||||||||||||||||||||||||||||||
8 | year 1994 Road Fund appropriations to the Secretary of State | |||||||||||||||||||||||||||||||||||||||||
9 | for those purposes. It shall not be lawful to circumvent this | |||||||||||||||||||||||||||||||||||||||||
10 | limitation on appropriations by governmental reorganization or | |||||||||||||||||||||||||||||||||||||||||
11 | other methods. | |||||||||||||||||||||||||||||||||||||||||
12 | Beginning with fiscal year 2000, total Road Fund | |||||||||||||||||||||||||||||||||||||||||
13 | appropriations to the Secretary of State for the purposes of | |||||||||||||||||||||||||||||||||||||||||
14 | this Section shall not exceed the amounts specified for the | |||||||||||||||||||||||||||||||||||||||||
15 | following fiscal years: | |||||||||||||||||||||||||||||||||||||||||
| ||||||||||||||||||||||||||||||||||||||||||
26 | For fiscal year 2010, no road fund moneys shall be |
| |||||||
| |||||||
1 | appropriated to the Secretary of State. | ||||||
2 | Beginning in fiscal year 2011, moneys in the Road Fund | ||||||
3 | shall be appropriated to the Secretary of State for the | ||||||
4 | exclusive purpose of paying refunds due to overpayment of fees | ||||||
5 | related to Chapter 3 of the Illinois Vehicle Code unless | ||||||
6 | otherwise provided for by law. | ||||||
7 | Beginning in fiscal year 2025, moneys in the Road Fund may | ||||||
8 | be appropriated to the Environmental Protection Agency for the | ||||||
9 | exclusive purpose of making deposits into the Electric Vehicle | ||||||
10 | Rebate Fund, subject to appropriation, to be used for purposes | ||||||
11 | consistent with Section 11 of Article IX of the Illinois | ||||||
12 | Constitution. | ||||||
13 | It shall not be lawful to circumvent this limitation on | ||||||
14 | appropriations by governmental reorganization or other | ||||||
15 | methods. | ||||||
16 | No new program may be initiated in fiscal year 1991 and | ||||||
17 | thereafter that is not consistent with the limitations imposed | ||||||
18 | by this Section for fiscal year 1984 and thereafter, insofar | ||||||
19 | as appropriation of Road Fund monies is concerned. | ||||||
20 | Nothing in this Section prohibits transfers from the Road | ||||||
21 | Fund to the State Construction Account Fund under Section 5e | ||||||
22 | of this Act; nor to the General Revenue Fund, as authorized by | ||||||
23 | Public Act 93-25. | ||||||
24 | The additional amounts authorized for expenditure in this | ||||||
25 | Section by Public Acts 92-0600, 93-0025, 93-0839, and 94-91 | ||||||
26 | shall be repaid to the Road Fund from the General Revenue Fund |
| |||||||
| |||||||
1 | in the next succeeding fiscal year that the General Revenue | ||||||
2 | Fund has a positive budgetary balance, as determined by | ||||||
3 | generally accepted accounting principles applicable to | ||||||
4 | government. | ||||||
5 | The additional amounts authorized for expenditure by the | ||||||
6 | Secretary of State and the Department of State Police in this | ||||||
7 | Section by Public Act 94-91 shall be repaid to the Road Fund | ||||||
8 | from the General Revenue Fund in the next succeeding fiscal | ||||||
9 | year that the General Revenue Fund has a positive budgetary | ||||||
10 | balance, as determined by generally accepted accounting | ||||||
11 | principles applicable to government. | ||||||
12 | (Source: P.A. 102-16, eff. 6-17-21; 102-538, eff. 8-20-21; | ||||||
13 | 102-699, eff. 4-19-22; 102-813, eff. 5-13-22; 103-8, eff. | ||||||
14 | 6-7-23; 103-34, eff. 1-1-24; revised 12-12-23.) | ||||||
15 | (30 ILCS 105/8.12) (from Ch. 127, par. 144.12) | ||||||
16 | Sec. 8.12. State Pensions Fund. | ||||||
17 | (a) The moneys in the State Pensions Fund shall be used | ||||||
18 | exclusively for the administration of the Revised Uniform | ||||||
19 | Unclaimed Property Act and for the expenses incurred by the | ||||||
20 | Auditor General for administering the provisions of Section | ||||||
21 | 2-8.1 of the Illinois State Auditing Act and for operational | ||||||
22 | expenses of the Office of the State Treasurer and for the | ||||||
23 | funding of the unfunded liabilities of the designated | ||||||
24 | retirement systems. For the purposes of this Section, | ||||||
25 | "operational expenses of the Office of the State Treasurer" |
| |||||||
| |||||||
1 | includes the acquisition of land and buildings in State fiscal | ||||||
2 | years 2019 and 2020 for use by the Office of the State | ||||||
3 | Treasurer, as well as construction, reconstruction, | ||||||
4 | improvement, repair, and maintenance, in accordance with the | ||||||
5 | provisions of laws relating thereto, of such lands and | ||||||
6 | buildings beginning in State fiscal year 2019 and thereafter. | ||||||
7 | Beginning in State fiscal year 2026 2025 , payments to the | ||||||
8 | designated retirement systems under this Section shall be in | ||||||
9 | addition to, and not in lieu of, any State contributions | ||||||
10 | required under the Illinois Pension Code. | ||||||
11 | "Designated retirement systems" means: | ||||||
12 | (1) the State Employees' Retirement System of | ||||||
13 | Illinois; | ||||||
14 | (2) the Teachers' Retirement System of the State of | ||||||
15 | Illinois; | ||||||
16 | (3) the State Universities Retirement System; | ||||||
17 | (4) the Judges Retirement System of Illinois; and | ||||||
18 | (5) the General Assembly Retirement System. | ||||||
19 | (b) Each year the General Assembly may make appropriations | ||||||
20 | from the State Pensions Fund for the administration of the | ||||||
21 | Revised Uniform Unclaimed Property Act. | ||||||
22 | (c) (Blank). | ||||||
23 | (c-5) For fiscal years 2006 through 2025 2024 , the General | ||||||
24 | Assembly shall appropriate from the State Pensions Fund to the | ||||||
25 | State Universities Retirement System the amount estimated to | ||||||
26 | be available during the fiscal year in the State Pensions |
| |||||||
| |||||||
1 | Fund; provided, however, that the amounts appropriated under | ||||||
2 | this subsection (c-5) shall not reduce the amount in the State | ||||||
3 | Pensions Fund below $5,000,000. | ||||||
4 | (c-6) For fiscal year 2026 2025 and each fiscal year | ||||||
5 | thereafter, as soon as may be practical after any money is | ||||||
6 | deposited into the State Pensions Fund from the Unclaimed | ||||||
7 | Property Trust Fund, the State Treasurer shall apportion the | ||||||
8 | deposited amount among the designated retirement systems as | ||||||
9 | defined in subsection (a) to reduce their actuarial reserve | ||||||
10 | deficiencies. The State Comptroller and State Treasurer shall | ||||||
11 | pay the apportioned amounts to the designated retirement | ||||||
12 | systems to fund the unfunded liabilities of the designated | ||||||
13 | retirement systems. The amount apportioned to each designated | ||||||
14 | retirement system shall constitute a portion of the amount | ||||||
15 | estimated to be available for appropriation from the State | ||||||
16 | Pensions Fund that is the same as that retirement system's | ||||||
17 | portion of the total actual reserve deficiency of the systems, | ||||||
18 | as determined annually by the Governor's Office of Management | ||||||
19 | and Budget at the request of the State Treasurer. The amounts | ||||||
20 | apportioned under this subsection shall not reduce the amount | ||||||
21 | in the State Pensions Fund below $5,000,000. | ||||||
22 | (d) The Governor's Office of Management and Budget shall | ||||||
23 | determine the individual and total reserve deficiencies of the | ||||||
24 | designated retirement systems. For this purpose, the | ||||||
25 | Governor's Office of Management and Budget shall utilize the | ||||||
26 | latest available audit and actuarial reports of each of the |
| |||||||
| |||||||
1 | retirement systems and the relevant reports and statistics of | ||||||
2 | the Public Employee Pension Fund Division of the Department of | ||||||
3 | Insurance. | ||||||
4 | (d-1) (Blank). | ||||||
5 | (e) The changes to this Section made by Public Act 88-593 | ||||||
6 | shall first apply to distributions from the Fund for State | ||||||
7 | fiscal year 1996. | ||||||
8 | (Source: P.A. 102-16, eff. 6-17-21; 102-699, eff. 4-19-22; | ||||||
9 | 103-8, eff. 6-7-23.) | ||||||
10 | (30 ILCS 105/8g-1) | ||||||
11 | Sec. 8g-1. Fund transfers. | ||||||
12 | (a) (Blank). | ||||||
13 | (b) (Blank). | ||||||
14 | (c) (Blank). | ||||||
15 | (d) (Blank). | ||||||
16 | (e) (Blank). | ||||||
17 | (f) (Blank). | ||||||
18 | (g) (Blank). | ||||||
19 | (h) (Blank). | ||||||
20 | (i) (Blank). | ||||||
21 | (j) (Blank). | ||||||
22 | (k) (Blank). | ||||||
23 | (l) (Blank). | ||||||
24 | (m) (Blank). | ||||||
25 | (n) (Blank). |
| |||||||
| |||||||
1 | (o) (Blank). | ||||||
2 | (p) (Blank). | ||||||
3 | (q) (Blank). | ||||||
4 | (r) (Blank). | ||||||
5 | (s) (Blank). | ||||||
6 | (t) (Blank). | ||||||
7 | (u) (Blank). In addition to any other transfers that may | ||||||
8 | be provided for by law, on July 1, 2021, or as soon thereafter | ||||||
9 | as practical, only as directed by the Director of the | ||||||
10 | Governor's Office of Management and Budget, the State | ||||||
11 | Comptroller shall direct and the State Treasurer shall | ||||||
12 | transfer the sum of $5,000,000 from the General Revenue Fund | ||||||
13 | to the DoIT Special Projects Fund, and on June 1, 2022, or as | ||||||
14 | soon thereafter as practical, but no later than June 30, 2022, | ||||||
15 | the State Comptroller shall direct and the State Treasurer | ||||||
16 | shall transfer the sum so transferred from the DoIT Special | ||||||
17 | Projects Fund to the General Revenue Fund. | ||||||
18 | (v) (Blank). In addition to any other transfers that may | ||||||
19 | be provided for by law, on July 1, 2021, or as soon thereafter | ||||||
20 | as practical, the State Comptroller shall direct and the State | ||||||
21 | Treasurer shall transfer the sum of $500,000 from the General | ||||||
22 | Revenue Fund to the Governor's Administrative Fund. | ||||||
23 | (w) (Blank). In addition to any other transfers that may | ||||||
24 | be provided for by law, on July 1, 2021, or as soon thereafter | ||||||
25 | as practical, the State Comptroller shall direct and the State | ||||||
26 | Treasurer shall transfer the sum of $500,000 from the General |
| |||||||
| |||||||
1 | Revenue Fund to the Grant Accountability and Transparency | ||||||
2 | Fund. | ||||||
3 | (x) (Blank). In addition to any other transfers that may | ||||||
4 | be provided for by law, at a time or times during Fiscal Year | ||||||
5 | 2022 as directed by the Governor, the State Comptroller shall | ||||||
6 | direct and the State Treasurer shall transfer up to a total of | ||||||
7 | $20,000,000 from the General Revenue Fund to the Illinois | ||||||
8 | Sports Facilities Fund to be credited to the Advance Account | ||||||
9 | within the Fund. | ||||||
10 | (y) (Blank). In addition to any other transfers that may | ||||||
11 | be provided for by law, on June 15, 2021, or as soon thereafter | ||||||
12 | as practical, but no later than June 30, 2021, the State | ||||||
13 | Comptroller shall direct and the State Treasurer shall | ||||||
14 | transfer the sum of $100,000,000 from the General Revenue Fund | ||||||
15 | to the Technology Management Revolving Fund. | ||||||
16 | (z) (Blank). In addition to any other transfers that may | ||||||
17 | be provided for by law, on April 19, 2022 (the effective date | ||||||
18 | of Public Act 102-699), or as soon thereafter as practical, | ||||||
19 | but no later than June 30, 2022, the State Comptroller shall | ||||||
20 | direct and the State Treasurer shall transfer the sum of | ||||||
21 | $148,000,000 from the General Revenue Fund to the Build | ||||||
22 | Illinois Bond Fund. | ||||||
23 | (aa) (Blank). In addition to any other transfers that may | ||||||
24 | be provided for by law, on April 19, 2022 (the effective date | ||||||
25 | of Public Act 102-699), or as soon thereafter as practical, | ||||||
26 | but no later than June 30, 2022, the State Comptroller shall |
| |||||||
| |||||||
1 | direct and the State Treasurer shall transfer the sum of | ||||||
2 | $180,000,000 from the General Revenue Fund to the Rebuild | ||||||
3 | Illinois Projects Fund. | ||||||
4 | (bb) (Blank). In addition to any other transfers that may | ||||||
5 | be provided for by law, on July 1, 2022, or as soon thereafter | ||||||
6 | as practical, the State Comptroller shall direct and the State | ||||||
7 | Treasurer shall transfer the sum of $500,000 from the General | ||||||
8 | Revenue Fund to the Governor's Administrative Fund. | ||||||
9 | (cc) (Blank). In addition to any other transfers that may | ||||||
10 | be provided for by law, on July 1, 2022, or as soon thereafter | ||||||
11 | as practical, the State Comptroller shall direct and the State | ||||||
12 | Treasurer shall transfer the sum of $500,000 from the General | ||||||
13 | Revenue Fund to the Grant Accountability and Transparency | ||||||
14 | Fund. | ||||||
15 | (dd) (Blank). In addition to any other transfers that may | ||||||
16 | be provided by law, on April 19, 2022 (the effective date of | ||||||
17 | Public Act 102-700), or as soon thereafter as practical, but | ||||||
18 | no later than June 30, 2022, the State Comptroller shall | ||||||
19 | direct and the State Treasurer shall transfer the sum of | ||||||
20 | $685,000,000 from the General Revenue Fund to the Income Tax | ||||||
21 | Refund Fund. Moneys from this transfer shall be used for the | ||||||
22 | purpose of making the one-time rebate payments provided under | ||||||
23 | Section 212.1 of the Illinois Income Tax Act. | ||||||
24 | (ee) (Blank). In addition to any other transfers that may | ||||||
25 | be provided by law, beginning on April 19, 2022 (the effective | ||||||
26 | date of Public Act 102-700) and until December 31, 2023, at the |
| |||||||
| |||||||
1 | direction of the Department of Revenue, the State Comptroller | ||||||
2 | shall direct and the State Treasurer shall transfer from the | ||||||
3 | General Revenue Fund to the Income Tax Refund Fund any amounts | ||||||
4 | needed beyond the amounts transferred in subsection (dd) to | ||||||
5 | make payments of the one-time rebate payments provided under | ||||||
6 | Section 212.1 of the Illinois Income Tax Act. | ||||||
7 | (ff) (Blank). In addition to any other transfers that may | ||||||
8 | be provided for by law, on April 19, 2022 (the effective date | ||||||
9 | of Public Act 102-700), or as soon thereafter as practical, | ||||||
10 | but no later than June 30, 2022, the State Comptroller shall | ||||||
11 | direct and the State Treasurer shall transfer the sum of | ||||||
12 | $720,000,000 from the General Revenue Fund to the Budget | ||||||
13 | Stabilization Fund. | ||||||
14 | (gg) (Blank). In addition to any other transfers that may | ||||||
15 | be provided for by law, on July 1, 2022, or as soon thereafter | ||||||
16 | as practical, the State Comptroller shall direct and the State | ||||||
17 | Treasurer shall transfer the sum of $280,000,000 from the | ||||||
18 | General Revenue Fund to the Budget Stabilization Fund. | ||||||
19 | (hh) (Blank). In addition to any other transfers that may | ||||||
20 | be provided for by law, on July 1, 2022, or as soon thereafter | ||||||
21 | as practical, the State Comptroller shall direct and the State | ||||||
22 | Treasurer shall transfer the sum of $200,000,000 from the | ||||||
23 | General Revenue Fund to the Pension Stabilization Fund. | ||||||
24 | (ii) (Blank). In addition to any other transfers that may | ||||||
25 | be provided for by law, on January 1, 2023, or as soon | ||||||
26 | thereafter as practical, the State Comptroller shall direct |
| |||||||
| |||||||
1 | and the State Treasurer shall transfer the sum of $850,000,000 | ||||||
2 | from the General Revenue Fund to the Budget Stabilization | ||||||
3 | Fund. | ||||||
4 | (jj) (Blank). In addition to any other transfers that may | ||||||
5 | be provided for by law, at a time or times during Fiscal Year | ||||||
6 | 2023 as directed by the Governor, the State Comptroller shall | ||||||
7 | direct and the State Treasurer shall transfer up to a total of | ||||||
8 | $400,000,000 from the General Revenue Fund to the Large | ||||||
9 | Business Attraction Fund. | ||||||
10 | (kk) (Blank). In addition to any other transfers that may | ||||||
11 | be provided for by law, on January 1, 2023, or as soon | ||||||
12 | thereafter as practical, the State Comptroller shall direct | ||||||
13 | and the State Treasurer shall transfer the sum of $72,000,000 | ||||||
14 | from the General Revenue Fund to the Disaster Response and | ||||||
15 | Recovery Fund. | ||||||
16 | (ll) (Blank). In addition to any other transfers that may | ||||||
17 | be provided for by law, on the effective date of the changes | ||||||
18 | made to this Section by this amendatory Act of the 103rd | ||||||
19 | General Assembly, or as soon thereafter as practical, but no | ||||||
20 | later than June 30, 2023, the State Comptroller shall direct | ||||||
21 | and the State Treasurer shall transfer the sum of $200,000,000 | ||||||
22 | from the General Revenue Fund to the Pension Stabilization | ||||||
23 | Fund. | ||||||
24 | (mm) In addition to any other transfers that may be | ||||||
25 | provided for by law, beginning on the effective date of the | ||||||
26 | changes made to this Section by this amendatory Act of the |
| |||||||
| |||||||
1 | 103rd General Assembly and until June 30, 2024, as directed by | ||||||
2 | the Governor, the State Comptroller shall direct and the State | ||||||
3 | Treasurer shall transfer up to a total of $1,500,000,000 from | ||||||
4 | the General Revenue Fund to the State Coronavirus Urgent | ||||||
5 | Remediation Emergency Fund. | ||||||
6 | (nn) In addition to any other transfers that may be | ||||||
7 | provided for by law, beginning on the effective date of the | ||||||
8 | changes made to this Section by this amendatory Act of the | ||||||
9 | 103rd General Assembly and until June 30, 2024, as directed by | ||||||
10 | the Governor, the State Comptroller shall direct and the State | ||||||
11 | Treasurer shall transfer up to a total of $424,000,000 from | ||||||
12 | the General Revenue Fund to the Build Illinois Bond Fund. | ||||||
13 | (oo) In addition to any other transfers that may be | ||||||
14 | provided for by law, on July 1, 2023, or as soon thereafter as | ||||||
15 | practical, the State Comptroller shall direct and the State | ||||||
16 | Treasurer shall transfer the sum of $500,000 from the General | ||||||
17 | Revenue Fund to the Governor's Administrative Fund. | ||||||
18 | (pp) In addition to any other transfers that may be | ||||||
19 | provided for by law, on July 1, 2023, or as soon thereafter as | ||||||
20 | practical, the State Comptroller shall direct and the State | ||||||
21 | Treasurer shall transfer the sum of $500,000 from the General | ||||||
22 | Revenue Fund to the Grant Accountability and Transparency | ||||||
23 | Fund. | ||||||
24 | (qq) In addition to any other transfers that may be | ||||||
25 | provided for by law, beginning on the effective date of the | ||||||
26 | changes made to this Section by this amendatory Act of the |
| |||||||
| |||||||
1 | 103rd General Assembly and until June 30, 2024, as directed by | ||||||
2 | the Governor, the State Comptroller shall direct and the State | ||||||
3 | Treasurer shall transfer up to a total of $350,000,000 from | ||||||
4 | the General Revenue Fund to the Fund for Illinois' Future. | ||||||
5 | (rr) In addition to any other transfers that may be | ||||||
6 | provided for by law, on July 1, 2024, or as soon thereafter as | ||||||
7 | practical, the State Comptroller shall direct and the State | ||||||
8 | Treasurer shall transfer the sum of $500,000 from the General | ||||||
9 | Revenue Fund to the Governor's Administrative Fund. | ||||||
10 | (ss) In addition to any other transfers that may be | ||||||
11 | provided for by law, on July 1, 2024, or as soon thereafter as | ||||||
12 | practical, the State Comptroller shall direct and the State | ||||||
13 | Treasurer shall transfer the sum of $500,000 from the General | ||||||
14 | Revenue Fund to the Grant Accountability and Transparency | ||||||
15 | Fund. | ||||||
16 | (tt) In addition to any other transfers that may be | ||||||
17 | provided for by law, on July 1, 2024, or as soon thereafter as | ||||||
18 | practical, the State Comptroller shall direct and the State | ||||||
19 | Treasurer shall transfer the sum of $25,000,000 from the | ||||||
20 | Violent Crime Witness Protection Program Fund to the General | ||||||
21 | Revenue Fund. | ||||||
22 | (Source: P.A. 102-16, eff. 6-17-21; 102-699, eff. 4-19-22; | ||||||
23 | 102-700, Article 40, Section 40-5, eff. 4-19-22; 102-700, | ||||||
24 | Article 80, Section 80-5, eff. 4-19-22; 102-1115, eff. 1-9-23; | ||||||
25 | 103-8, eff. 6-7-23.) |
| |||||||
| |||||||
1 | (30 ILCS 105/12-2) (from Ch. 127, par. 148-2) | ||||||
2 | Sec. 12-2. Travel Regulation Council; State travel | ||||||
3 | reimbursement. | ||||||
4 | (a) The chairmen of the travel control boards established | ||||||
5 | by Section 12-1, or their designees, shall together comprise | ||||||
6 | the Travel Regulation Council. The Travel Regulation Council | ||||||
7 | shall be chaired by the Director of Central Management | ||||||
8 | Services, who shall be a nonvoting member of the Council, | ||||||
9 | unless he is otherwise qualified to vote by virtue of being the | ||||||
10 | designee of a voting member. No later than March 1, 1986, and | ||||||
11 | at least biennially thereafter, the Council shall adopt State | ||||||
12 | Travel Regulations and Reimbursement Rates which shall be | ||||||
13 | applicable to all personnel subject to the jurisdiction of the | ||||||
14 | travel control boards established by Section 12-1. An | ||||||
15 | affirmative vote of a majority of the members of the Council | ||||||
16 | shall be required to adopt regulations and reimbursement | ||||||
17 | rates. If the Council fails to adopt regulations by March 1 of | ||||||
18 | any odd-numbered year, the Director of Central Management | ||||||
19 | Services shall adopt emergency regulations and reimbursement | ||||||
20 | rates pursuant to the Illinois Administrative Procedure Act. | ||||||
21 | As soon as practicable after January 23, 2023 ( the effective | ||||||
22 | date of Public Act 102-1119) this amendatory Act of the 102nd | ||||||
23 | General Assembly , the Travel Regulation Council and the Higher | ||||||
24 | Education Travel Control Board shall adopt amendments to their | ||||||
25 | existing rules to ensure that reimbursement rates for public | ||||||
26 | institutions of higher education, as defined in Section 1-13 |
| |||||||
| |||||||
1 | of the Illinois Procurement Code, are set in accordance with | ||||||
2 | the requirements of subsection (f) of this Section. | ||||||
3 | (b) (Blank). | ||||||
4 | (c) (Blank). | ||||||
5 | (d) Reimbursements to travelers shall be made pursuant to | ||||||
6 | the rates and regulations applicable to the respective State | ||||||
7 | agency as of January 1, 1986 ( the effective date of Public Act | ||||||
8 | 84-345) this amendatory Act , until the State Travel | ||||||
9 | Regulations and Reimbursement Rates established by this | ||||||
10 | Section are adopted and effective. | ||||||
11 | (e) (Blank). | ||||||
12 | (f) (f) Notwithstanding any rule or law to the contrary, | ||||||
13 | State travel reimbursement rates for lodging and mileage for | ||||||
14 | automobile travel, as well as allowances for meals, shall be | ||||||
15 | set at the maximum rates established by the federal government | ||||||
16 | for travel expenses, subsistence expenses, and mileage | ||||||
17 | allowances under 5 U.S.C. 5701 through 5711 and any | ||||||
18 | regulations promulgated thereunder. If the rates set under | ||||||
19 | federal regulations increase or decrease during the course of | ||||||
20 | the State's fiscal year, the effective date of the new rate | ||||||
21 | shall be the effective date of the change in the federal rate. | ||||||
22 | (g) Notwithstanding any other provision of this Section, | ||||||
23 | the Council may provide, by rule, for alternative methods of | ||||||
24 | determining the appropriate reimbursement rate for a | ||||||
25 | traveler's subsistence expenses based upon the length of | ||||||
26 | travel, as well as the embarkation point and destination. |
| |||||||
| |||||||
1 | (Source: P.A. 102-1119, eff. 1-23-23; 103-8, eff. 1-1-24; | ||||||
2 | revised 1-2-24.) | ||||||
3 | (30 ILCS 105/13.2) (from Ch. 127, par. 149.2) | ||||||
4 | Sec. 13.2. Transfers among line item appropriations. | ||||||
5 | (a) Transfers among line item appropriations from the same | ||||||
6 | treasury fund for the objects specified in this Section may be | ||||||
7 | made in the manner provided in this Section when the balance | ||||||
8 | remaining in one or more such line item appropriations is | ||||||
9 | insufficient for the purpose for which the appropriation was | ||||||
10 | made. | ||||||
11 | (a-1) No transfers may be made from one agency to another | ||||||
12 | agency, nor may transfers be made from one institution of | ||||||
13 | higher education to another institution of higher education | ||||||
14 | except as provided by subsection (a-4). | ||||||
15 | (a-2) Except as otherwise provided in this Section, | ||||||
16 | transfers may be made only among the objects of expenditure | ||||||
17 | enumerated in this Section, except that no funds may be | ||||||
18 | transferred from any appropriation for personal services, from | ||||||
19 | any appropriation for State contributions to the State | ||||||
20 | Employees' Retirement System, from any separate appropriation | ||||||
21 | for employee retirement contributions paid by the employer, | ||||||
22 | nor from any appropriation for State contribution for employee | ||||||
23 | group insurance. | ||||||
24 | (a-2.5) (Blank). | ||||||
25 | (a-3) Further, if an agency receives a separate |
| |||||||
| |||||||
1 | appropriation for employee retirement contributions paid by | ||||||
2 | the employer, any transfer by that agency into an | ||||||
3 | appropriation for personal services must be accompanied by a | ||||||
4 | corresponding transfer into the appropriation for employee | ||||||
5 | retirement contributions paid by the employer, in an amount | ||||||
6 | sufficient to meet the employer share of the employee | ||||||
7 | contributions required to be remitted to the retirement | ||||||
8 | system. | ||||||
9 | (a-4) Long-Term Care Rebalancing. The Governor may | ||||||
10 | designate amounts set aside for institutional services | ||||||
11 | appropriated from the General Revenue Fund or any other State | ||||||
12 | fund that receives monies for long-term care services to be | ||||||
13 | transferred to all State agencies responsible for the | ||||||
14 | administration of community-based long-term care programs, | ||||||
15 | including, but not limited to, community-based long-term care | ||||||
16 | programs administered by the Department of Healthcare and | ||||||
17 | Family Services, the Department of Human Services, and the | ||||||
18 | Department on Aging, provided that the Director of Healthcare | ||||||
19 | and Family Services first certifies that the amounts being | ||||||
20 | transferred are necessary for the purpose of assisting persons | ||||||
21 | in or at risk of being in institutional care to transition to | ||||||
22 | community-based settings, including the financial data needed | ||||||
23 | to prove the need for the transfer of funds. The total amounts | ||||||
24 | transferred shall not exceed 4% in total of the amounts | ||||||
25 | appropriated from the General Revenue Fund or any other State | ||||||
26 | fund that receives monies for long-term care services for each |
| |||||||
| |||||||
1 | fiscal year. A notice of the fund transfer must be made to the | ||||||
2 | General Assembly and posted at a minimum on the Department of | ||||||
3 | Healthcare and Family Services website, the Governor's Office | ||||||
4 | of Management and Budget website, and any other website the | ||||||
5 | Governor sees fit. These postings shall serve as notice to the | ||||||
6 | General Assembly of the amounts to be transferred. Notice | ||||||
7 | shall be given at least 30 days prior to transfer. | ||||||
8 | (b) In addition to the general transfer authority provided | ||||||
9 | under subsection (c), the following agencies have the specific | ||||||
10 | transfer authority granted in this subsection: | ||||||
11 | The Department of Healthcare and Family Services is | ||||||
12 | authorized to make transfers representing savings attributable | ||||||
13 | to not increasing grants due to the births of additional | ||||||
14 | children from line items for payments of cash grants to line | ||||||
15 | items for payments for employment and social services for the | ||||||
16 | purposes outlined in subsection (f) of Section 4-2 of the | ||||||
17 | Illinois Public Aid Code. | ||||||
18 | The Department of Children and Family Services is | ||||||
19 | authorized to make transfers not exceeding 2% of the aggregate | ||||||
20 | amount appropriated to it within the same treasury fund for | ||||||
21 | the following line items among these same line items: Foster | ||||||
22 | Home and Specialized Foster Care and Prevention, Institutions | ||||||
23 | and Group Homes and Prevention, and Purchase of Adoption and | ||||||
24 | Guardianship Services. | ||||||
25 | The Department on Aging is authorized to make transfers | ||||||
26 | not exceeding 10% of the aggregate amount appropriated to it |
| |||||||
| |||||||
1 | within the same treasury fund for the following Community Care | ||||||
2 | Program line items among these same line items: purchase of | ||||||
3 | services covered by the Community Care Program and | ||||||
4 | Comprehensive Case Coordination. | ||||||
5 | The State Board of Education is authorized to make | ||||||
6 | transfers from line item appropriations within the same | ||||||
7 | treasury fund for General State Aid, General State Aid - Hold | ||||||
8 | Harmless, and Evidence-Based Funding, provided that no such | ||||||
9 | transfer may be made unless the amount transferred is no | ||||||
10 | longer required for the purpose for which that appropriation | ||||||
11 | was made, to the line item appropriation for Transitional | ||||||
12 | Assistance when the balance remaining in such line item | ||||||
13 | appropriation is insufficient for the purpose for which the | ||||||
14 | appropriation was made. | ||||||
15 | The State Board of Education is authorized to make | ||||||
16 | transfers between the following line item appropriations | ||||||
17 | within the same treasury fund: Disabled Student | ||||||
18 | Services/Materials (Section 14-13.01 of the School Code), | ||||||
19 | Disabled Student Transportation Reimbursement (Section | ||||||
20 | 14-13.01 of the School Code), Disabled Student Tuition - | ||||||
21 | Private Tuition (Section 14-7.02 of the School Code), | ||||||
22 | Extraordinary Special Education (Section 14-7.02b of the | ||||||
23 | School Code), Reimbursement for Free Lunch/Breakfast Program, | ||||||
24 | Summer School Payments (Section 18-4.3 of the School Code), | ||||||
25 | and Transportation - Regular/Vocational Reimbursement (Section | ||||||
26 | 29-5 of the School Code). Such transfers shall be made only |
| |||||||
| |||||||
1 | when the balance remaining in one or more such line item | ||||||
2 | appropriations is insufficient for the purpose for which the | ||||||
3 | appropriation was made and provided that no such transfer may | ||||||
4 | be made unless the amount transferred is no longer required | ||||||
5 | for the purpose for which that appropriation was made. | ||||||
6 | The Department of Healthcare and Family Services is | ||||||
7 | authorized to make transfers not exceeding 4% of the aggregate | ||||||
8 | amount appropriated to it, within the same treasury fund, | ||||||
9 | among the various line items appropriated for Medical | ||||||
10 | Assistance. | ||||||
11 | The Department of Central Management Services is | ||||||
12 | authorized to make transfers not exceeding 2% of the aggregate | ||||||
13 | amount appropriated to it, within the same treasury fund, from | ||||||
14 | the various line items appropriated to the Department, into | ||||||
15 | the following line item appropriations: auto liability claims | ||||||
16 | and related expenses and payment of claims under the State | ||||||
17 | Employee Indemnification Act. | ||||||
18 | (c) The sum of such transfers for an agency in a fiscal | ||||||
19 | year shall not exceed 2% of the aggregate amount appropriated | ||||||
20 | to it within the same treasury fund for the following objects: | ||||||
21 | Personal Services; Extra Help; Student and Inmate | ||||||
22 | Compensation; State Contributions to Retirement Systems; State | ||||||
23 | Contributions to Social Security; State Contribution for | ||||||
24 | Employee Group Insurance; Contractual Services; Travel; | ||||||
25 | Commodities; Printing; Equipment; Electronic Data Processing; | ||||||
26 | Operation of Automotive Equipment; Telecommunications |
| |||||||
| |||||||
1 | Services; Travel and Allowance for Committed, Paroled and | ||||||
2 | Discharged Prisoners; Library Books; Federal Matching Grants | ||||||
3 | for Student Loans; Refunds; Workers' Compensation, | ||||||
4 | Occupational Disease, and Tort Claims; Late Interest Penalties | ||||||
5 | under the State Prompt Payment Act and Sections 368a and 370a | ||||||
6 | of the Illinois Insurance Code; and, in appropriations to | ||||||
7 | institutions of higher education, Awards and Grants. | ||||||
8 | Notwithstanding the above, any amounts appropriated for | ||||||
9 | payment of workers' compensation claims to an agency to which | ||||||
10 | the authority to evaluate, administer and pay such claims has | ||||||
11 | been delegated by the Department of Central Management | ||||||
12 | Services may be transferred to any other expenditure object | ||||||
13 | where such amounts exceed the amount necessary for the payment | ||||||
14 | of such claims. | ||||||
15 | (c-1) (Blank). | ||||||
16 | (c-2) (Blank). | ||||||
17 | (c-3) (Blank). | ||||||
18 | (c-4) (Blank). | ||||||
19 | (c-5) (Blank). | ||||||
20 | (c-6) (Blank). | ||||||
21 | (c-7) (Blank). | ||||||
22 | (c-8) (Blank). | ||||||
23 | (c-9) (Blank). Special provisions for State fiscal year | ||||||
24 | 2023. Notwithstanding any other provision of this Section, for | ||||||
25 | State fiscal year 2023, transfers among line item | ||||||
26 | appropriations to a State agency from the same State treasury |
| |||||||
| |||||||
1 | fund may be made for operational or lump sum expenses only, | ||||||
2 | provided that the sum of such transfers for a State agency in | ||||||
3 | State fiscal year 2023 shall not exceed 4% of the aggregate | ||||||
4 | amount appropriated to that State agency for operational or | ||||||
5 | lump sum expenses for State fiscal year 2023. For the purpose | ||||||
6 | of this subsection, "operational or lump sum expenses" | ||||||
7 | includes the following objects: personal services; extra help; | ||||||
8 | student and inmate compensation; State contributions to | ||||||
9 | retirement systems; State contributions to social security; | ||||||
10 | State contributions for employee group insurance; contractual | ||||||
11 | services; travel; commodities; printing; equipment; electronic | ||||||
12 | data processing; operation of automotive equipment; | ||||||
13 | telecommunications services; travel and allowance for | ||||||
14 | committed, paroled, and discharged prisoners; library books; | ||||||
15 | federal matching grants for student loans; refunds; workers' | ||||||
16 | compensation, occupational disease, and tort claims; late | ||||||
17 | interest penalties under the State Prompt Payment Act and | ||||||
18 | Sections 368a and 370a of the Illinois Insurance Code; lump | ||||||
19 | sum and other purposes; and lump sum operations. For the | ||||||
20 | purpose of this subsection, "State agency" does not include | ||||||
21 | the Attorney General, the Secretary of State, the Comptroller, | ||||||
22 | the Treasurer, or the judicial or legislative branches. | ||||||
23 | (c-10) Special provisions for State fiscal year 2024. | ||||||
24 | Notwithstanding any other provision of this Section, for State | ||||||
25 | fiscal year 2024, transfers among line item appropriations to | ||||||
26 | a State agency from the same State treasury fund may be made |
| |||||||
| |||||||
1 | for operational or lump sum expenses only, provided that the | ||||||
2 | sum of such transfers for a State agency in State fiscal year | ||||||
3 | 2024 shall not exceed 8% of the aggregate amount appropriated | ||||||
4 | to that State agency for operational or lump sum expenses for | ||||||
5 | State fiscal year 2024. For the purpose of this subsection, | ||||||
6 | "operational or lump sum expenses" includes the following | ||||||
7 | objects: personal services; extra help; student and inmate | ||||||
8 | compensation; State contributions to retirement systems; State | ||||||
9 | contributions to social security; State contributions for | ||||||
10 | employee group insurance; contractual services; travel; | ||||||
11 | commodities; printing; equipment; electronic data processing; | ||||||
12 | operation of automotive equipment; telecommunications | ||||||
13 | services; travel and allowance for committed, paroled, and | ||||||
14 | discharged prisoners; library books; federal matching grants | ||||||
15 | for student loans; refunds; workers' compensation, | ||||||
16 | occupational disease, and tort claims; late interest penalties | ||||||
17 | under the State Prompt Payment Act and Sections 368a and 370a | ||||||
18 | of the Illinois Insurance Code; lump sum and other purposes; | ||||||
19 | and lump sum operations. For the purpose of this subsection, | ||||||
20 | "State agency" does not include the Attorney General, the | ||||||
21 | Secretary of State, the Comptroller, the Treasurer, or the | ||||||
22 | judicial or legislative branches. | ||||||
23 | (c-11) Special provisions for State fiscal year 2025. | ||||||
24 | Notwithstanding any other provision of this Section, for State | ||||||
25 | fiscal year 2025, transfers among line item appropriations to | ||||||
26 | a State agency from the same State treasury fund may be made |
| |||||||
| |||||||
1 | for operational or lump sum expenses only, provided that the | ||||||
2 | sum of such transfers for a State agency in State fiscal year | ||||||
3 | 2025 shall not exceed 4% of the aggregate amount appropriated | ||||||
4 | to that State agency for operational or lump sum expenses for | ||||||
5 | State fiscal year 2025. For the purpose of this subsection, | ||||||
6 | "operational or lump sum expenses" includes the following | ||||||
7 | objects: personal services; extra help; student and inmate | ||||||
8 | compensation; State contributions to retirement systems; State | ||||||
9 | contributions to social security; State contributions for | ||||||
10 | employee group insurance; contractual services; travel; | ||||||
11 | commodities; printing; equipment; electronic data processing; | ||||||
12 | operation of automotive equipment; telecommunications | ||||||
13 | services; travel and allowance for committed, paroled, and | ||||||
14 | discharged prisoners; library books; federal matching grants | ||||||
15 | for student loans; refunds; workers' compensation, | ||||||
16 | occupational disease, and tort claims; late interest penalties | ||||||
17 | under the State Prompt Payment Act and Sections 368a and 370a | ||||||
18 | of the Illinois Insurance Code; lump sum and other purposes; | ||||||
19 | and lump sum operations. For the purpose of this subsection, | ||||||
20 | "State agency" does not include the Attorney General, the | ||||||
21 | Comptroller, the Treasurer, or the judicial or legislative | ||||||
22 | branches. | ||||||
23 | (d) Transfers among appropriations made to agencies of the | ||||||
24 | Legislative and Judicial departments and to the | ||||||
25 | constitutionally elected officers in the Executive branch | ||||||
26 | require the approval of the officer authorized in Section 10 |
| |||||||
| |||||||
1 | of this Act to approve and certify vouchers. Transfers among | ||||||
2 | appropriations made to the University of Illinois, Southern | ||||||
3 | Illinois University, Chicago State University, Eastern | ||||||
4 | Illinois University, Governors State University, Illinois | ||||||
5 | State University, Northeastern Illinois University, Northern | ||||||
6 | Illinois University, Western Illinois University, the Illinois | ||||||
7 | Mathematics and Science Academy and the Board of Higher | ||||||
8 | Education require the approval of the Board of Higher | ||||||
9 | Education and the Governor. Transfers among appropriations to | ||||||
10 | all other agencies require the approval of the Governor. | ||||||
11 | The officer responsible for approval shall certify that | ||||||
12 | the transfer is necessary to carry out the programs and | ||||||
13 | purposes for which the appropriations were made by the General | ||||||
14 | Assembly and shall transmit to the State Comptroller a | ||||||
15 | certified copy of the approval which shall set forth the | ||||||
16 | specific amounts transferred so that the Comptroller may | ||||||
17 | change his records accordingly. The Comptroller shall furnish | ||||||
18 | the Governor with information copies of all transfers approved | ||||||
19 | for agencies of the Legislative and Judicial departments and | ||||||
20 | transfers approved by the constitutionally elected officials | ||||||
21 | of the Executive branch other than the Governor, showing the | ||||||
22 | amounts transferred and indicating the dates such changes were | ||||||
23 | entered on the Comptroller's records. | ||||||
24 | (e) The State Board of Education, in consultation with the | ||||||
25 | State Comptroller, may transfer line item appropriations for | ||||||
26 | General State Aid or Evidence-Based Funding among the Common |
| |||||||
| |||||||
1 | School Fund and the Education Assistance Fund, and, for State | ||||||
2 | fiscal year 2020 and each fiscal year thereafter, the Fund for | ||||||
3 | the Advancement of Education. With the advice and consent of | ||||||
4 | the Governor's Office of Management and Budget, the State | ||||||
5 | Board of Education, in consultation with the State | ||||||
6 | Comptroller, may transfer line item appropriations between the | ||||||
7 | General Revenue Fund and the Education Assistance Fund for the | ||||||
8 | following programs: | ||||||
9 | (1) Disabled Student Personnel Reimbursement (Section | ||||||
10 | 14-13.01 of the School Code); | ||||||
11 | (2) Disabled Student Transportation Reimbursement | ||||||
12 | (subsection (b) of Section 14-13.01 of the School Code); | ||||||
13 | (3) Disabled Student Tuition - Private Tuition | ||||||
14 | (Section 14-7.02 of the School Code); | ||||||
15 | (4) Extraordinary Special Education (Section 14-7.02b | ||||||
16 | of the School Code); | ||||||
17 | (5) Reimbursement for Free Lunch/Breakfast Programs; | ||||||
18 | (6) Summer School Payments (Section 18-4.3 of the | ||||||
19 | School Code); | ||||||
20 | (7) Transportation - Regular/Vocational Reimbursement | ||||||
21 | (Section 29-5 of the School Code); | ||||||
22 | (8) Regular Education Reimbursement (Section 18-3 of | ||||||
23 | the School Code); and | ||||||
24 | (9) Special Education Reimbursement (Section 14-7.03 | ||||||
25 | of the School Code). | ||||||
26 | (f) For State fiscal year 2020 and each fiscal year |
| |||||||
| |||||||
1 | thereafter, the Department on Aging, in consultation with the | ||||||
2 | State Comptroller, with the advice and consent of the | ||||||
3 | Governor's Office of Management and Budget, may transfer line | ||||||
4 | item appropriations for purchase of services covered by the | ||||||
5 | Community Care Program between the General Revenue Fund and | ||||||
6 | the Commitment to Human Services Fund. | ||||||
7 | (g) For State fiscal year 2024 and each fiscal year | ||||||
8 | thereafter, if requested by an agency chief executive officer | ||||||
9 | and authorized and approved by the Comptroller, the | ||||||
10 | Comptroller may direct and the Treasurer shall transfer funds | ||||||
11 | from the General Revenue Fund to fund payroll expenses that | ||||||
12 | meet the payroll transaction exception criteria as defined by | ||||||
13 | the Comptroller in the Statewide Accounting Management System | ||||||
14 | (SAMS) Manual. The agency shall then transfer these funds back | ||||||
15 | to the General Revenue Fund within 7 days. | ||||||
16 | (Source: P.A. 102-16, eff. 6-17-21; 102-699, eff. 4-19-22; | ||||||
17 | 103-8, eff. 6-7-23.) | ||||||
18 | Section 5-35. The State Revenue Sharing Act is amended by | ||||||
19 | changing Section 12 as follows: | ||||||
20 | (30 ILCS 115/12) (from Ch. 85, par. 616) | ||||||
21 | Sec. 12. Personal Property Tax Replacement Fund. There is | ||||||
22 | hereby created the Personal Property Tax Replacement Fund, a | ||||||
23 | special fund in the State Treasury into which shall be paid all | ||||||
24 | revenue realized: |
| |||||||
| |||||||
1 | (a) all amounts realized from the additional personal | ||||||
2 | property tax replacement income tax imposed by subsections | ||||||
3 | (c) and (d) of Section 201 of the Illinois Income Tax Act, | ||||||
4 | except for those amounts deposited into the Income Tax | ||||||
5 | Refund Fund pursuant to subsection (c) of Section 901 of | ||||||
6 | the Illinois Income Tax Act; and | ||||||
7 | (b) all amounts realized from the additional personal | ||||||
8 | property replacement invested capital taxes imposed by | ||||||
9 | Section 2a.1 of the Messages Tax Act, Section 2a.1 of the | ||||||
10 | Gas Revenue Tax Act, Section 2a.1 of the Public Utilities | ||||||
11 | Revenue Act, and Section 3 of the Water Company Invested | ||||||
12 | Capital Tax Act, and amounts payable to the Department of | ||||||
13 | Revenue under the Telecommunications Infrastructure | ||||||
14 | Maintenance Fee Act. | ||||||
15 | As soon as may be after the end of each month, the | ||||||
16 | Department of Revenue shall certify to the Treasurer and the | ||||||
17 | Comptroller the amount of all refunds paid out of the General | ||||||
18 | Revenue Fund through the preceding month on account of | ||||||
19 | overpayment of liability on taxes paid into the Personal | ||||||
20 | Property Tax Replacement Fund. Upon receipt of such | ||||||
21 | certification, the Treasurer and the Comptroller shall | ||||||
22 | transfer the amount so certified from the Personal Property | ||||||
23 | Tax Replacement Fund into the General Revenue Fund. | ||||||
24 | The payments of revenue into the Personal Property Tax | ||||||
25 | Replacement Fund shall be used exclusively for distribution to | ||||||
26 | taxing districts, regional offices and officials, and local |
| |||||||
| |||||||
1 | officials as provided in this Section and in the School Code, | ||||||
2 | payment of the ordinary and contingent expenses of the | ||||||
3 | Property Tax Appeal Board, payment of the expenses of the | ||||||
4 | Department of Revenue incurred in administering the collection | ||||||
5 | and distribution of monies paid into the Personal Property Tax | ||||||
6 | Replacement Fund and transfers due to refunds to taxpayers for | ||||||
7 | overpayment of liability for taxes paid into the Personal | ||||||
8 | Property Tax Replacement Fund. | ||||||
9 | In addition, moneys in the Personal Property Tax | ||||||
10 | Replacement Fund may be used to pay any of the following: (i) | ||||||
11 | salary, stipends, and additional compensation as provided by | ||||||
12 | law for chief election clerks, county clerks, and county | ||||||
13 | recorders; (ii) costs associated with regional offices of | ||||||
14 | education and educational service centers; (iii) | ||||||
15 | reimbursements payable by the State Board of Elections under | ||||||
16 | Section 4-25, 5-35, 6-71, 13-10, 13-10a, or 13-11 of the | ||||||
17 | Election Code; (iv) expenses of the Illinois Educational Labor | ||||||
18 | Relations Board; and (v) salary, personal services, and | ||||||
19 | additional compensation as provided by law for court reporters | ||||||
20 | under the Court Reporters Act. | ||||||
21 | As soon as may be after June 26, 1980 (the effective date | ||||||
22 | of Public Act 81-1255), the Department of Revenue shall | ||||||
23 | certify to the Treasurer the amount of net replacement revenue | ||||||
24 | paid into the General Revenue Fund prior to that effective | ||||||
25 | date from the additional tax imposed by Section 2a.1 of the | ||||||
26 | Messages Tax Act; Section 2a.1 of the Gas Revenue Tax Act; |
| |||||||
| |||||||
1 | Section 2a.1 of the Public Utilities Revenue Act; Section 3 of | ||||||
2 | the Water Company Invested Capital Tax Act; amounts collected | ||||||
3 | by the Department of Revenue under the Telecommunications | ||||||
4 | Infrastructure Maintenance Fee Act; and the additional | ||||||
5 | personal property tax replacement income tax imposed by the | ||||||
6 | Illinois Income Tax Act, as amended by Public Act 81-1st | ||||||
7 | Special Session-1. Net replacement revenue shall be defined as | ||||||
8 | the total amount paid into and remaining in the General | ||||||
9 | Revenue Fund as a result of those Acts minus the amount | ||||||
10 | outstanding and obligated from the General Revenue Fund in | ||||||
11 | state vouchers or warrants prior to June 26, 1980 (the | ||||||
12 | effective date of Public Act 81-1255) as refunds to taxpayers | ||||||
13 | for overpayment of liability under those Acts. | ||||||
14 | All interest earned by monies accumulated in the Personal | ||||||
15 | Property Tax Replacement Fund shall be deposited in such Fund. | ||||||
16 | All amounts allocated pursuant to this Section are | ||||||
17 | appropriated on a continuing basis. | ||||||
18 | Prior to December 31, 1980, as soon as may be after the end | ||||||
19 | of each quarter beginning with the quarter ending December 31, | ||||||
20 | 1979, and on and after December 31, 1980, as soon as may be | ||||||
21 | after January 1, March 1, April 1, May 1, July 1, August 1, | ||||||
22 | October 1 and December 1 of each year, the Department of | ||||||
23 | Revenue shall allocate to each taxing district as defined in | ||||||
24 | Section 1-150 of the Property Tax Code, in accordance with the | ||||||
25 | provisions of paragraph (2) of this Section the portion of the | ||||||
26 | funds held in the Personal Property Tax Replacement Fund which |
| |||||||
| |||||||
1 | is required to be distributed, as provided in paragraph (1), | ||||||
2 | for each quarter. Provided, however, under no circumstances | ||||||
3 | shall any taxing district during each of the first two years of | ||||||
4 | distribution of the taxes imposed by Public Act 81-1st Special | ||||||
5 | Session-1 be entitled to an annual allocation which is less | ||||||
6 | than the funds such taxing district collected from the 1978 | ||||||
7 | personal property tax. Provided further that under no | ||||||
8 | circumstances shall any taxing district during the third year | ||||||
9 | of distribution of the taxes imposed by Public Act 81-1st | ||||||
10 | Special Session-1 receive less than 60% of the funds such | ||||||
11 | taxing district collected from the 1978 personal property tax. | ||||||
12 | In the event that the total of the allocations made as above | ||||||
13 | provided for all taxing districts, during either of such 3 | ||||||
14 | years, exceeds the amount available for distribution the | ||||||
15 | allocation of each taxing district shall be proportionately | ||||||
16 | reduced. Except as provided in Section 13 of this Act, the | ||||||
17 | Department shall then certify, pursuant to appropriation, such | ||||||
18 | allocations to the State Comptroller who shall pay over to the | ||||||
19 | several taxing districts the respective amounts allocated to | ||||||
20 | them. | ||||||
21 | Any township which receives an allocation based in whole | ||||||
22 | or in part upon personal property taxes which it levied | ||||||
23 | pursuant to Section 6-507 or 6-512 of the Illinois Highway | ||||||
24 | Code and which was previously required to be paid over to a | ||||||
25 | municipality shall immediately pay over to that municipality a | ||||||
26 | proportionate share of the personal property replacement funds |
| |||||||
| |||||||
1 | which such township receives. | ||||||
2 | Any municipality or township, other than a municipality | ||||||
3 | with a population in excess of 500,000, which receives an | ||||||
4 | allocation based in whole or in part on personal property | ||||||
5 | taxes which it levied pursuant to Sections 3-1, 3-4 and 3-6 of | ||||||
6 | the Illinois Local Library Act and which was previously | ||||||
7 | required to be paid over to a public library shall immediately | ||||||
8 | pay over to that library a proportionate share of the personal | ||||||
9 | property tax replacement funds which such municipality or | ||||||
10 | township receives; provided that if such a public library has | ||||||
11 | converted to a library organized under the Illinois Public | ||||||
12 | Library District Act, regardless of whether such conversion | ||||||
13 | has occurred on, after or before January 1, 1988, such | ||||||
14 | proportionate share shall be immediately paid over to the | ||||||
15 | library district which maintains and operates the library. | ||||||
16 | However, any library that has converted prior to January 1, | ||||||
17 | 1988, and which hitherto has not received the personal | ||||||
18 | property tax replacement funds, shall receive such funds | ||||||
19 | commencing on January 1, 1988. | ||||||
20 | Any township which receives an allocation based in whole | ||||||
21 | or in part on personal property taxes which it levied pursuant | ||||||
22 | to Section 1c of the Public Graveyards Act and which taxes were | ||||||
23 | previously required to be paid over to or used for such public | ||||||
24 | cemetery or cemeteries shall immediately pay over to or use | ||||||
25 | for such public cemetery or cemeteries a proportionate share | ||||||
26 | of the personal property tax replacement funds which the |
| |||||||
| |||||||
1 | township receives. | ||||||
2 | Any taxing district which receives an allocation based in | ||||||
3 | whole or in part upon personal property taxes which it levied | ||||||
4 | for another governmental body or school district in Cook | ||||||
5 | County in 1976 or for another governmental body or school | ||||||
6 | district in the remainder of the State in 1977 shall | ||||||
7 | immediately pay over to that governmental body or school | ||||||
8 | district the amount of personal property replacement funds | ||||||
9 | which such governmental body or school district would receive | ||||||
10 | directly under the provisions of paragraph (2) of this | ||||||
11 | Section, had it levied its own taxes. | ||||||
12 | (1) The portion of the Personal Property Tax | ||||||
13 | Replacement Fund required to be distributed as of the time | ||||||
14 | allocation is required to be made shall be the amount | ||||||
15 | available in such Fund as of the time allocation is | ||||||
16 | required to be made. | ||||||
17 | The amount available for distribution shall be the | ||||||
18 | total amount in the fund at such time minus the necessary | ||||||
19 | administrative and other authorized expenses as limited by | ||||||
20 | the appropriation and the amount determined by: (a) $2.8 | ||||||
21 | million for fiscal year 1981; (b) for fiscal year 1982, | ||||||
22 | .54% of the funds distributed from the fund during the | ||||||
23 | preceding fiscal year; (c) for fiscal year 1983 through | ||||||
24 | fiscal year 1988, .54% of the funds distributed from the | ||||||
25 | fund during the preceding fiscal year less .02% of such | ||||||
26 | fund for fiscal year 1983 and less .02% of such funds for |
| |||||||
| |||||||
1 | each fiscal year thereafter; (d) for fiscal year 1989 | ||||||
2 | through fiscal year 2011 no more than 105% of the actual | ||||||
3 | administrative expenses of the prior fiscal year; (e) for | ||||||
4 | fiscal year 2012 and beyond, a sufficient amount to pay | ||||||
5 | (i) stipends, additional compensation, salary | ||||||
6 | reimbursements, and other amounts directed to be paid out | ||||||
7 | of this Fund for local officials as authorized or required | ||||||
8 | by statute and (ii) the ordinary and contingent expenses | ||||||
9 | of the Property Tax Appeal Board and the expenses of the | ||||||
10 | Department of Revenue incurred in administering the | ||||||
11 | collection and distribution of moneys paid into the Fund; | ||||||
12 | (f) for fiscal years 2012 and 2013 only, a sufficient | ||||||
13 | amount to pay stipends, additional compensation, salary | ||||||
14 | reimbursements, and other amounts directed to be paid out | ||||||
15 | of this Fund for regional offices and officials as | ||||||
16 | authorized or required by statute; or (g) for fiscal years | ||||||
17 | 2018 through 2025 2024 only, a sufficient amount to pay | ||||||
18 | amounts directed to be paid out of this Fund for public | ||||||
19 | community college base operating grants and local health | ||||||
20 | protection grants to certified local health departments as | ||||||
21 | authorized or required by appropriation or statute. Such | ||||||
22 | portion of the fund shall be determined after the transfer | ||||||
23 | into the General Revenue Fund due to refunds, if any, paid | ||||||
24 | from the General Revenue Fund during the preceding | ||||||
25 | quarter. If at any time, for any reason, there is | ||||||
26 | insufficient amount in the Personal Property Tax |
| |||||||
| |||||||
1 | Replacement Fund for payments for regional offices and | ||||||
2 | officials or local officials or payment of costs of | ||||||
3 | administration or for transfers due to refunds at the end | ||||||
4 | of any particular month, the amount of such insufficiency | ||||||
5 | shall be carried over for the purposes of payments for | ||||||
6 | regional offices and officials, local officials, transfers | ||||||
7 | into the General Revenue Fund, and costs of administration | ||||||
8 | to the following month or months. Net replacement revenue | ||||||
9 | held, and defined above, shall be transferred by the | ||||||
10 | Treasurer and Comptroller to the Personal Property Tax | ||||||
11 | Replacement Fund within 10 days of such certification. | ||||||
12 | (2) Each quarterly allocation shall first be | ||||||
13 | apportioned in the following manner: 51.65% for taxing | ||||||
14 | districts in Cook County and 48.35% for taxing districts | ||||||
15 | in the remainder of the State. | ||||||
16 | The Personal Property Replacement Ratio of each taxing | ||||||
17 | district outside Cook County shall be the ratio which the Tax | ||||||
18 | Base of that taxing district bears to the Downstate Tax Base. | ||||||
19 | The Tax Base of each taxing district outside of Cook County is | ||||||
20 | the personal property tax collections for that taxing district | ||||||
21 | for the 1977 tax year. The Downstate Tax Base is the personal | ||||||
22 | property tax collections for all taxing districts in the State | ||||||
23 | outside of Cook County for the 1977 tax year. The Department of | ||||||
24 | Revenue shall have authority to review for accuracy and | ||||||
25 | completeness the personal property tax collections for each | ||||||
26 | taxing district outside Cook County for the 1977 tax year. |
| |||||||
| |||||||
1 | The Personal Property Replacement Ratio of each Cook | ||||||
2 | County taxing district shall be the ratio which the Tax Base of | ||||||
3 | that taxing district bears to the Cook County Tax Base. The Tax | ||||||
4 | Base of each Cook County taxing district is the personal | ||||||
5 | property tax collections for that taxing district for the 1976 | ||||||
6 | tax year. The Cook County Tax Base is the personal property tax | ||||||
7 | collections for all taxing districts in Cook County for the | ||||||
8 | 1976 tax year. The Department of Revenue shall have authority | ||||||
9 | to review for accuracy and completeness the personal property | ||||||
10 | tax collections for each taxing district within Cook County | ||||||
11 | for the 1976 tax year. | ||||||
12 | For all purposes of this Section 12, amounts paid to a | ||||||
13 | taxing district for such tax years as may be applicable by a | ||||||
14 | foreign corporation under the provisions of Section 7-202 of | ||||||
15 | the Public Utilities Act, as amended, shall be deemed to be | ||||||
16 | personal property taxes collected by such taxing district for | ||||||
17 | such tax years as may be applicable. The Director shall | ||||||
18 | determine from the Illinois Commerce Commission, for any tax | ||||||
19 | year as may be applicable, the amounts so paid by any such | ||||||
20 | foreign corporation to any and all taxing districts. The | ||||||
21 | Illinois Commerce Commission shall furnish such information to | ||||||
22 | the Director. For all purposes of this Section 12, the | ||||||
23 | Director shall deem such amounts to be collected personal | ||||||
24 | property taxes of each such taxing district for the applicable | ||||||
25 | tax year or years. | ||||||
26 | Taxing districts located both in Cook County and in one or |
| |||||||
| |||||||
1 | more other counties shall receive both a Cook County | ||||||
2 | allocation and a Downstate allocation determined in the same | ||||||
3 | way as all other taxing districts. | ||||||
4 | If any taxing district in existence on July 1, 1979 ceases | ||||||
5 | to exist, or discontinues its operations, its Tax Base shall | ||||||
6 | thereafter be deemed to be zero. If the powers, duties and | ||||||
7 | obligations of the discontinued taxing district are assumed by | ||||||
8 | another taxing district, the Tax Base of the discontinued | ||||||
9 | taxing district shall be added to the Tax Base of the taxing | ||||||
10 | district assuming such powers, duties and obligations. | ||||||
11 | If two or more taxing districts in existence on July 1, | ||||||
12 | 1979, or a successor or successors thereto shall consolidate | ||||||
13 | into one taxing district, the Tax Base of such consolidated | ||||||
14 | taxing district shall be the sum of the Tax Bases of each of | ||||||
15 | the taxing districts which have consolidated. | ||||||
16 | If a single taxing district in existence on July 1, 1979, | ||||||
17 | or a successor or successors thereto shall be divided into two | ||||||
18 | or more separate taxing districts, the tax base of the taxing | ||||||
19 | district so divided shall be allocated to each of the | ||||||
20 | resulting taxing districts in proportion to the then current | ||||||
21 | equalized assessed value of each resulting taxing district. | ||||||
22 | If a portion of the territory of a taxing district is | ||||||
23 | disconnected and annexed to another taxing district of the | ||||||
24 | same type, the Tax Base of the taxing district from which | ||||||
25 | disconnection was made shall be reduced in proportion to the | ||||||
26 | then current equalized assessed value of the disconnected |
| |||||||
| |||||||
1 | territory as compared with the then current equalized assessed | ||||||
2 | value within the entire territory of the taxing district prior | ||||||
3 | to disconnection, and the amount of such reduction shall be | ||||||
4 | added to the Tax Base of the taxing district to which | ||||||
5 | annexation is made. | ||||||
6 | If a community college district is created after July 1, | ||||||
7 | 1979, beginning on January 1, 1996 (the effective date of | ||||||
8 | Public Act 89-327), its Tax Base shall be 3.5% of the sum of | ||||||
9 | the personal property tax collected for the 1977 tax year | ||||||
10 | within the territorial jurisdiction of the district. | ||||||
11 | The amounts allocated and paid to taxing districts | ||||||
12 | pursuant to the provisions of Public Act 81-1st Special | ||||||
13 | Session-1 shall be deemed to be substitute revenues for the | ||||||
14 | revenues derived from taxes imposed on personal property | ||||||
15 | pursuant to the provisions of the "Revenue Act of 1939" or "An | ||||||
16 | Act for the assessment and taxation of private car line | ||||||
17 | companies", approved July 22, 1943, as amended, or Section 414 | ||||||
18 | of the Illinois Insurance Code, prior to the abolition of such | ||||||
19 | taxes and shall be used for the same purposes as the revenues | ||||||
20 | derived from ad valorem taxes on real estate. | ||||||
21 | Monies received by any taxing districts from the Personal | ||||||
22 | Property Tax Replacement Fund shall be first applied toward | ||||||
23 | payment of the proportionate amount of debt service which was | ||||||
24 | previously levied and collected from extensions against | ||||||
25 | personal property on bonds outstanding as of December 31, 1978 | ||||||
26 | and next applied toward payment of the proportionate share of |
| |||||||
| |||||||
1 | the pension or retirement obligations of the taxing district | ||||||
2 | which were previously levied and collected from extensions | ||||||
3 | against personal property. For each such outstanding bond | ||||||
4 | issue, the County Clerk shall determine the percentage of the | ||||||
5 | debt service which was collected from extensions against real | ||||||
6 | estate in the taxing district for 1978 taxes payable in 1979, | ||||||
7 | as related to the total amount of such levies and collections | ||||||
8 | from extensions against both real and personal property. For | ||||||
9 | 1979 and subsequent years' taxes, the County Clerk shall levy | ||||||
10 | and extend taxes against the real estate of each taxing | ||||||
11 | district which will yield the said percentage or percentages | ||||||
12 | of the debt service on such outstanding bonds. The balance of | ||||||
13 | the amount necessary to fully pay such debt service shall | ||||||
14 | constitute a first and prior lien upon the monies received by | ||||||
15 | each such taxing district through the Personal Property Tax | ||||||
16 | Replacement Fund and shall be first applied or set aside for | ||||||
17 | such purpose. In counties having fewer than 3,000,000 | ||||||
18 | inhabitants, the amendments to this paragraph as made by | ||||||
19 | Public Act 81-1255 shall be first applicable to 1980 taxes to | ||||||
20 | be collected in 1981. | ||||||
21 | (Source: P.A. 102-16, eff. 6-17-21; 102-699, eff. 4-19-22; | ||||||
22 | 103-8, eff. 6-7-23.) | ||||||
23 | Section 5-40. The Illinois Procurement Code is amended by | ||||||
24 | changing Section 10-20 as follows: |
| |||||||
| |||||||
1 | (30 ILCS 500/10-20) | ||||||
2 | Sec. 10-20. Independent chief procurement officers. | ||||||
3 | (a) Appointment. Within 60 calendar days after July 1, | ||||||
4 | 2010 ( the effective date of Public Act 96-795) this amendatory | ||||||
5 | Act of the 96th General Assembly , the Executive Ethics | ||||||
6 | Commission, with the advice and consent of the Senate shall | ||||||
7 | appoint or approve 4 chief procurement officers, one for each | ||||||
8 | of the following categories: | ||||||
9 | (1) for procurements for construction and | ||||||
10 | construction-related services committed by law to the | ||||||
11 | jurisdiction or responsibility of the Capital Development | ||||||
12 | Board; | ||||||
13 | (2) for procurements for all construction, | ||||||
14 | construction-related services, operation of any facility, | ||||||
15 | and the provision of any service or activity committed by | ||||||
16 | law to the jurisdiction or responsibility of the Illinois | ||||||
17 | Department of Transportation, including the direct or | ||||||
18 | reimbursable expenditure of all federal funds for which | ||||||
19 | the Department of Transportation is responsible or | ||||||
20 | accountable for the use thereof in accordance with federal | ||||||
21 | law, regulation, or procedure, the chief procurement | ||||||
22 | officer recommended for approval under this item appointed | ||||||
23 | by the Secretary of Transportation after consent by the | ||||||
24 | Executive Ethics Commission; | ||||||
25 | (3) for all procurements made by a public institution | ||||||
26 | of higher education; and |
| |||||||
| |||||||
1 | (4) for all other procurement needs of State agencies. | ||||||
2 | For fiscal years year 2024 and 2025 , the Executive Ethics | ||||||
3 | Commission shall set aside from its appropriation those | ||||||
4 | amounts necessary for the use of the 4 chief procurement | ||||||
5 | officers for the ordinary and contingent expenses of their | ||||||
6 | respective procurement offices. From the amounts set aside by | ||||||
7 | the Commission, each chief procurement officer shall control | ||||||
8 | the internal operations of his or her procurement office and | ||||||
9 | shall procure the necessary equipment, materials, and services | ||||||
10 | to perform the duties of that office, including hiring | ||||||
11 | necessary procurement personnel, legal advisors , and other | ||||||
12 | employees, and may establish, in the exercise of the chief | ||||||
13 | procurement officer's discretion, the compensation of the | ||||||
14 | office's employees, which includes the State purchasing | ||||||
15 | officers and any legal advisors. The Executive Ethics | ||||||
16 | Commission shall have no control over the employees of the | ||||||
17 | chief procurement officers. The Executive Ethics Commission | ||||||
18 | shall provide administrative support services, including | ||||||
19 | payroll, for each procurement office. | ||||||
20 | (b) Terms and independence. Each chief procurement officer | ||||||
21 | appointed under this Section shall serve for a term of 5 years | ||||||
22 | beginning on the date of the officer's appointment. The chief | ||||||
23 | procurement officer may be removed for cause after a hearing | ||||||
24 | by the Executive Ethics Commission. The Governor or the | ||||||
25 | director of a State agency directly responsible to the | ||||||
26 | Governor may institute a complaint against the officer by |
| |||||||
| |||||||
1 | filing such complaint with the Commission. The Commission | ||||||
2 | shall have a hearing based on the complaint. The officer and | ||||||
3 | the complainant shall receive reasonable notice of the hearing | ||||||
4 | and shall be permitted to present their respective arguments | ||||||
5 | on the complaint. After the hearing, the Commission shall make | ||||||
6 | a finding on the complaint and may take disciplinary action, | ||||||
7 | including but not limited to removal of the officer. | ||||||
8 | The salary of a chief procurement officer shall be | ||||||
9 | established by the Executive Ethics Commission and may not be | ||||||
10 | diminished during the officer's term. The salary may not | ||||||
11 | exceed the salary of the director of a State agency for which | ||||||
12 | the officer serves as chief procurement officer. | ||||||
13 | (c) Qualifications. In addition to any other requirement | ||||||
14 | or qualification required by State law, each chief procurement | ||||||
15 | officer must within 12 months of employment be a Certified | ||||||
16 | Professional Public Buyer or a Certified Public Purchasing | ||||||
17 | Officer, pursuant to certification by the Universal Public | ||||||
18 | Purchasing Certification Council, and must reside in Illinois. | ||||||
19 | (d) Fiduciary duty. Each chief procurement officer owes a | ||||||
20 | fiduciary duty to the State. | ||||||
21 | (e) Vacancy. In case of a vacancy in one or more of the | ||||||
22 | offices of a chief procurement officer under this Section | ||||||
23 | during the recess of the Senate, the Executive Ethics | ||||||
24 | Commission shall make a temporary appointment until the next | ||||||
25 | meeting of the Senate, when the Executive Ethics Commission | ||||||
26 | shall nominate some person to fill the office, and any person |
| |||||||
| |||||||
1 | so nominated who is confirmed by the Senate shall hold office | ||||||
2 | during the remainder of the term and until his or her successor | ||||||
3 | is appointed and qualified. If the Senate is not in session at | ||||||
4 | the time Public Act 96-920 this amendatory Act of the 96th | ||||||
5 | General Assembly takes effect, the Executive Ethics Commission | ||||||
6 | shall make a temporary appointment as in the case of a vacancy. | ||||||
7 | (f) (Blank). | ||||||
8 | (g) (Blank). | ||||||
9 | (Source: P.A. 103-8, eff. 6-7-23; revised 9-26-23.) | ||||||
10 | Section 5-43. The State Prompt Payment Act is amended by | ||||||
11 | changing Section 3-6 and by adding Section 3-7 as follows: | ||||||
12 | (30 ILCS 540/3-6) | ||||||
13 | Sec. 3-6. Federal funds; lack of authority. If an agency | ||||||
14 | incurs an interest liability under this Act that cannot be | ||||||
15 | charged to the same expenditure authority account to which the | ||||||
16 | related goods or services were charged due to federal | ||||||
17 | prohibitions, the agency is authorized to pay the interest | ||||||
18 | from its available appropriations from the General Revenue | ||||||
19 | Fund , except that the Department of Transportation is | ||||||
20 | authorized to pay the interest from its available | ||||||
21 | appropriations from the Road Fund, as long as the original | ||||||
22 | goods or services were for purposes consistent with Section 11 | ||||||
23 | of Article IX of the Illinois Constitution . | ||||||
24 | (Source: P.A. 100-587, eff. 6-4-18.) |
| |||||||
| |||||||
1 | (30 ILCS 540/3-7 new) | ||||||
2 | Sec. 3-7. Transportation bond funds. If the Department of | ||||||
3 | Transportation incurs an interest liability under this Act | ||||||
4 | that would be payable from a transportation bond fund, the | ||||||
5 | Department of Transportation is authorized to pay the interest | ||||||
6 | from its available appropriations from the Road Fund, as long | ||||||
7 | as the original purpose to which the bond funds were applied | ||||||
8 | was consistent with Section 11 of Article IX of the Illinois | ||||||
9 | Constitution. As used in this Section, "transportation bond | ||||||
10 | fund" means any of the following funds in the State treasury: | ||||||
11 | the Transportation Bond, Series A Fund; the Transportation | ||||||
12 | Bond, Series B Fund; the Transportation Bond Series D Fund; | ||||||
13 | and the Multi-modal Transportation Bond Fund. | ||||||
14 | Section 5-45. The Illinois Works Jobs Program Act is | ||||||
15 | amended by changing Section 20-15 as follows: | ||||||
16 | (30 ILCS 559/20-15) | ||||||
17 | Sec. 20-15. Illinois Works Preapprenticeship Program; | ||||||
18 | Illinois Works Bid Credit Program. | ||||||
19 | (a) The Illinois Works Preapprenticeship Program is | ||||||
20 | established and shall be administered by the Department. The | ||||||
21 | goal of the Illinois Works Preapprenticeship Program is to | ||||||
22 | create a network of community-based organizations throughout | ||||||
23 | the State that will recruit, prescreen, and provide |
| |||||||
| |||||||
1 | preapprenticeship skills training, for which participants may | ||||||
2 | attend free of charge and receive a stipend, to create a | ||||||
3 | qualified, diverse pipeline of workers who are prepared for | ||||||
4 | careers in the construction and building trades. Upon | ||||||
5 | completion of the Illinois Works Preapprenticeship Program, | ||||||
6 | the candidates will be skilled and work-ready. | ||||||
7 | (b) There is created the Illinois Works Fund, a special | ||||||
8 | fund in the State treasury. The Illinois Works Fund shall be | ||||||
9 | administered by the Department. The Illinois Works Fund shall | ||||||
10 | be used to provide funding for community-based organizations | ||||||
11 | throughout the State. In addition to any other transfers that | ||||||
12 | may be provided for by law, on and after July 1, 2019 at the | ||||||
13 | direction of the Director of the Governor's Office of | ||||||
14 | Management and Budget, the State Comptroller shall direct and | ||||||
15 | the State Treasurer shall transfer amounts not exceeding a | ||||||
16 | total of $50,000,000 from the Rebuild Illinois Projects Fund | ||||||
17 | to the Illinois Works Fund. | ||||||
18 | (b-5) In addition to any other transfers that may be | ||||||
19 | provided for by law, beginning July 1, 2024 and each July 1 | ||||||
20 | thereafter, or as soon thereafter as practical, the State | ||||||
21 | Comptroller shall direct and the State Treasurer shall | ||||||
22 | transfer $20,000,000 from the Capital Projects Fund to the | ||||||
23 | Illinois Works Fund. | ||||||
24 | (c) Each community-based organization that receives | ||||||
25 | funding from the Illinois Works Fund shall provide an annual | ||||||
26 | report to the Illinois Works Review Panel by April 1 of each |
| |||||||
| |||||||
1 | calendar year. The annual report shall include the following | ||||||
2 | information: | ||||||
3 | (1) a description of the community-based | ||||||
4 | organization's recruitment, screening, and training | ||||||
5 | efforts; | ||||||
6 | (2) the number of individuals who apply to, | ||||||
7 | participate in, and complete the community-based | ||||||
8 | organization's program, broken down by race, gender, age, | ||||||
9 | and veteran status; and | ||||||
10 | (3) the number of the individuals referenced in item (2) | ||||||
11 | of this subsection who are initially accepted and placed | ||||||
12 | into apprenticeship programs in the construction and | ||||||
13 | building trades. | ||||||
14 | (d) The Department shall create and administer the | ||||||
15 | Illinois Works Bid Credit Program that shall provide economic | ||||||
16 | incentives, through bid credits, to encourage contractors and | ||||||
17 | subcontractors to provide contracting and employment | ||||||
18 | opportunities to historically underrepresented populations in | ||||||
19 | the construction industry. | ||||||
20 | The Illinois Works Bid Credit Program shall allow | ||||||
21 | contractors and subcontractors to earn bid credits for use | ||||||
22 | toward future bids for public works projects contracted by the | ||||||
23 | State or an agency of the State in order to increase the | ||||||
24 | chances that the contractor and the subcontractors will be | ||||||
25 | selected. | ||||||
26 | Contractors or subcontractors may be eligible to earn bid |
| |||||||
| |||||||
1 | credits for employing apprentices who have completed the | ||||||
2 | Illinois Works Preapprenticeship Program. Contractors or | ||||||
3 | subcontractors shall earn bid credits at a rate established by | ||||||
4 | the Department and based on labor hours worked by apprentices | ||||||
5 | who have completed the Illinois Works Preapprenticeship | ||||||
6 | Program. In order to earn bid credits, contractors and | ||||||
7 | subcontractors shall provide the Department with certified | ||||||
8 | payroll documenting the hours performed by apprentices who | ||||||
9 | have completed the Illinois Works Preapprenticeship Program. | ||||||
10 | Contractors and subcontractors can use bid credits toward | ||||||
11 | future bids for public works projects contracted or funded by | ||||||
12 | the State or an agency of the State in order to increase the | ||||||
13 | likelihood of being selected as the contractor for the public | ||||||
14 | works project toward which they have applied the bid credit. | ||||||
15 | The Department shall establish the rate by rule and shall | ||||||
16 | publish it on the Department's website. The rule may include | ||||||
17 | maximum bid credits allowed per contractor, per subcontractor, | ||||||
18 | per apprentice, per bid, or per year. | ||||||
19 | The Illinois Works Credit Bank is hereby created and shall | ||||||
20 | be administered by the Department. The Illinois Works Credit | ||||||
21 | Bank shall track the bid credits. | ||||||
22 | A contractor or subcontractor who has been awarded bid | ||||||
23 | credits under any other State program for employing | ||||||
24 | apprentices who have completed the Illinois Works | ||||||
25 | Preapprenticeship Program is not eligible to receive bid | ||||||
26 | credits under the Illinois Works Bid Credit Program relating |
| |||||||
| |||||||
1 | to the same contract. | ||||||
2 | The Department shall report to the Illinois Works Review | ||||||
3 | Panel the following: (i) the number of bid credits awarded by | ||||||
4 | the Department; (ii) the number of bid credits submitted by | ||||||
5 | the contractor or subcontractor to the agency administering | ||||||
6 | the public works contract; and (iii) the number of bid credits | ||||||
7 | accepted by the agency for such contract. Any agency that | ||||||
8 | awards bid credits pursuant to the Illinois Works Credit Bank | ||||||
9 | Program shall report to the Department the number of bid | ||||||
10 | credits it accepted for the public works contract. | ||||||
11 | Upon a finding that a contractor or subcontractor has | ||||||
12 | reported falsified records to the Department in order to | ||||||
13 | fraudulently obtain bid credits, the Department may bar the | ||||||
14 | contractor or subcontractor from participating in the Illinois | ||||||
15 | Works Bid Credit Program and may suspend the contractor or | ||||||
16 | subcontractor from bidding on or participating in any public | ||||||
17 | works project. False or fraudulent claims for payment relating | ||||||
18 | to false bid credits may be subject to damages and penalties | ||||||
19 | under applicable law. | ||||||
20 | (e) The Department shall adopt any rules deemed necessary | ||||||
21 | to implement this Section. In order to provide for the | ||||||
22 | expeditious and timely implementation of this Act, the | ||||||
23 | Department may adopt emergency rules. The adoption of | ||||||
24 | emergency rules authorized by this subsection is deemed to be | ||||||
25 | necessary for the public interest, safety, and welfare. | ||||||
26 | (Source: P.A. 103-8, eff. 6-7-23; 103-305, eff. 7-28-23; |
| |||||||
| |||||||
1 | revised 9-6-23.) | ||||||
2 | Section 5-47. The Downstate Public Transportation Act is | ||||||
3 | amended by changing Section 2-3 as follows: | ||||||
4 | (30 ILCS 740/2-3) (from Ch. 111 2/3, par. 663) | ||||||
5 | Sec. 2-3. (a) As soon as possible after the first day of | ||||||
6 | each month, beginning July 1, 1984, upon certification of the | ||||||
7 | Department of Revenue, the Comptroller shall order | ||||||
8 | transferred, and the Treasurer shall transfer, from the | ||||||
9 | General Revenue Fund to a special fund in the State Treasury | ||||||
10 | which is hereby created, to be known as the Downstate Public | ||||||
11 | Transportation Fund, an amount equal to 2/32 (beginning July | ||||||
12 | 1, 2005, 3/32) of the net revenue realized from the Retailers' | ||||||
13 | Occupation Tax Act, the Service Occupation Tax Act, the Use | ||||||
14 | Tax Act, and the Service Use Tax Act from persons incurring | ||||||
15 | municipal or county retailers' or service occupation tax | ||||||
16 | liability for the benefit of any municipality or county | ||||||
17 | located wholly within the boundaries of each participant, | ||||||
18 | other than any Metro-East Transit District participant | ||||||
19 | certified pursuant to subsection (c) of this Section during | ||||||
20 | the preceding month, except that the Department shall pay into | ||||||
21 | the Downstate Public Transportation Fund 2/32 (beginning July | ||||||
22 | 1, 2005, 3/32) of 80% of the net revenue realized under the | ||||||
23 | State tax Acts named above within any municipality or county | ||||||
24 | located wholly within the boundaries of each participant, |
| |||||||
| |||||||
1 | other than any Metro-East participant, for tax periods | ||||||
2 | beginning on or after January 1, 1990. Net revenue realized | ||||||
3 | for a month shall be the revenue collected by the State | ||||||
4 | pursuant to such Acts during the previous month from persons | ||||||
5 | incurring municipal or county retailers' or service occupation | ||||||
6 | tax liability for the benefit of any municipality or county | ||||||
7 | located wholly within the boundaries of a participant, less | ||||||
8 | the amount paid out during that same month as refunds or credit | ||||||
9 | memoranda to taxpayers for overpayment of liability under such | ||||||
10 | Acts for the benefit of any municipality or county located | ||||||
11 | wholly within the boundaries of a participant. | ||||||
12 | Notwithstanding any provision of law to the contrary, | ||||||
13 | beginning on July 6, 2017 (the effective date of Public Act | ||||||
14 | 100-23), those amounts required under this subsection (a) to | ||||||
15 | be transferred by the Treasurer into the Downstate Public | ||||||
16 | Transportation Fund from the General Revenue Fund shall be | ||||||
17 | directly deposited into the Downstate Public Transportation | ||||||
18 | Fund as the revenues are realized from the taxes indicated. | ||||||
19 | (b) As soon as possible after the first day of each month, | ||||||
20 | beginning July 1, 1989, upon certification of the Department | ||||||
21 | of Revenue, the Comptroller shall order transferred, and the | ||||||
22 | Treasurer shall transfer, from the General Revenue Fund to a | ||||||
23 | special fund in the State Treasury which is hereby created, to | ||||||
24 | be known as the Metro-East Public Transportation Fund, an | ||||||
25 | amount equal to 2/32 of the net revenue realized, as above, | ||||||
26 | from within the boundaries of Madison, Monroe, and St. Clair |
| |||||||
| |||||||
1 | Counties, except that the Department shall pay into the | ||||||
2 | Metro-East Public Transportation Fund 2/32 of 80% of the net | ||||||
3 | revenue realized under the State tax Acts specified in | ||||||
4 | subsection (a) of this Section within the boundaries of | ||||||
5 | Madison, Monroe and St. Clair Counties for tax periods | ||||||
6 | beginning on or after January 1, 1990. A local match | ||||||
7 | equivalent to an amount which could be raised by a tax levy at | ||||||
8 | the rate of .05% on the assessed value of property within the | ||||||
9 | boundaries of Madison County is required annually to cause a | ||||||
10 | total of 2/32 of the net revenue to be deposited in the | ||||||
11 | Metro-East Public Transportation Fund. Failure to raise the | ||||||
12 | required local match annually shall result in only 1/32 being | ||||||
13 | deposited into the Metro-East Public Transportation Fund after | ||||||
14 | July 1, 1989, or 1/32 of 80% of the net revenue realized for | ||||||
15 | tax periods beginning on or after January 1, 1990. | ||||||
16 | (b-5) As soon as possible after the first day of each | ||||||
17 | month, beginning July 1, 2005, upon certification of the | ||||||
18 | Department of Revenue, the Comptroller shall order | ||||||
19 | transferred, and the Treasurer shall transfer, from the | ||||||
20 | General Revenue Fund to the Downstate Public Transportation | ||||||
21 | Fund, an amount equal to 3/32 of 80% of the net revenue | ||||||
22 | realized from within the boundaries of Monroe and St. Clair | ||||||
23 | Counties under the State Tax Acts specified in subsection (a) | ||||||
24 | of this Section and provided further that, beginning July 1, | ||||||
25 | 2005, the provisions of subsection (b) shall no longer apply | ||||||
26 | with respect to such tax receipts from Monroe and St. Clair |
| |||||||
| |||||||
1 | Counties. | ||||||
2 | Notwithstanding any provision of law to the contrary, | ||||||
3 | beginning on July 6, 2017 (the effective date of Public Act | ||||||
4 | 100-23), those amounts required under this subsection (b-5) to | ||||||
5 | be transferred by the Treasurer into the Downstate Public | ||||||
6 | Transportation Fund from the General Revenue Fund shall be | ||||||
7 | directly deposited into the Downstate Public Transportation | ||||||
8 | Fund as the revenues are realized from the taxes indicated. | ||||||
9 | (b-6) As soon as possible after the first day of each | ||||||
10 | month, beginning July 1, 2008, upon certification by the | ||||||
11 | Department of Revenue, the Comptroller shall order transferred | ||||||
12 | and the Treasurer shall transfer, from the General Revenue | ||||||
13 | Fund to the Downstate Public Transportation Fund, an amount | ||||||
14 | equal to 3/32 of 80% of the net revenue realized from within | ||||||
15 | the boundaries of Madison County under the State Tax Acts | ||||||
16 | specified in subsection (a) of this Section and provided | ||||||
17 | further that, beginning July 1, 2008, the provisions of | ||||||
18 | subsection (b) shall no longer apply with respect to such tax | ||||||
19 | receipts from Madison County. | ||||||
20 | Notwithstanding any provision of law to the contrary, | ||||||
21 | beginning on July 6, 2017 (the effective date of Public Act | ||||||
22 | 100-23), those amounts required under this subsection (b-6) to | ||||||
23 | be transferred by the Treasurer into the Downstate Public | ||||||
24 | Transportation Fund from the General Revenue Fund shall be | ||||||
25 | directly deposited into the Downstate Public Transportation | ||||||
26 | Fund as the revenues are realized from the taxes indicated. |
| |||||||
| |||||||
1 | (b-7) Beginning July 1, 2018, notwithstanding any the | ||||||
2 | other provisions of law to the contrary this Section , instead | ||||||
3 | of the Comptroller making monthly transfers from the General | ||||||
4 | Revenue Fund to the Downstate Public Transportation Fund, the | ||||||
5 | Department of Revenue shall deposit the designated fraction of | ||||||
6 | the net revenue realized from collections under the Retailers' | ||||||
7 | Occupation Tax Act, the Service Occupation Tax Act, the Use | ||||||
8 | Tax Act, and the Service Use Tax Act directly into the | ||||||
9 | Downstate Public Transportation Fund , except that, for the | ||||||
10 | State fiscal year beginning July 1, 2024 and each State fiscal | ||||||
11 | year thereafter, the first $75,000,000 that would have | ||||||
12 | otherwise been deposited as provided in this subsection shall | ||||||
13 | instead be transferred from the Road Fund to the Downstate | ||||||
14 | Public Transportation Fund by the Treasurer upon certification | ||||||
15 | by the Department of Revenue and order of the Comptroller . | ||||||
16 | (c) The Department shall certify to the Department of | ||||||
17 | Revenue the eligible participants under this Article and the | ||||||
18 | territorial boundaries of such participants for the purposes | ||||||
19 | of the Department of Revenue in subsections (a) and (b) of this | ||||||
20 | Section. | ||||||
21 | (d) For the purposes of this Article, beginning in fiscal | ||||||
22 | year 2009 the General Assembly shall appropriate an amount | ||||||
23 | from the Downstate Public Transportation Fund equal to the sum | ||||||
24 | total of funds projected to be paid to the participants | ||||||
25 | pursuant to Section 2-7. If the General Assembly fails to make | ||||||
26 | appropriations sufficient to cover the amounts projected to be |
| |||||||
| |||||||
1 | paid pursuant to Section 2-7, this Act shall constitute an | ||||||
2 | irrevocable and continuing appropriation from the Downstate | ||||||
3 | Public Transportation Fund of all amounts necessary for those | ||||||
4 | purposes. | ||||||
5 | (e) (Blank). | ||||||
6 | (f) (Blank). | ||||||
7 | (g) (Blank). | ||||||
8 | (h) For State fiscal year 2020 only, notwithstanding any | ||||||
9 | provision of law to the contrary, the total amount of revenue | ||||||
10 | and deposits under this Section attributable to revenues | ||||||
11 | realized during State fiscal year 2020 shall be reduced by 5%. | ||||||
12 | (i) For State fiscal year 2021 only, notwithstanding any | ||||||
13 | provision of law to the contrary, the total amount of revenue | ||||||
14 | and deposits under this Section attributable to revenues | ||||||
15 | realized during State fiscal year 2021 shall be reduced by 5%. | ||||||
16 | (j) Commencing with State fiscal year 2022 programs, and | ||||||
17 | for each fiscal year thereafter, all appropriations made under | ||||||
18 | the provisions of this Act shall not constitute a grant | ||||||
19 | program subject to the requirements of the Grant | ||||||
20 | Accountability and Transparency Act. The Department shall | ||||||
21 | approve programs of proposed expenditures and services | ||||||
22 | submitted by participants under the requirements of Sections | ||||||
23 | 2-5 and 2-11. | ||||||
24 | (Source: P.A. 101-10, eff. 6-5-19; 101-636, eff. 6-10-20; | ||||||
25 | 102-626, eff. 8-27-21.) |
| |||||||
| |||||||
1 | Section 5-50. The Illinois Income Tax Act is amended by | ||||||
2 | changing Section 901 as follows: | ||||||
3 | (35 ILCS 5/901) | ||||||
4 | Sec. 901. Collection authority. | ||||||
5 | (a) In general. The Department shall collect the taxes | ||||||
6 | imposed by this Act. The Department shall collect certified | ||||||
7 | past due child support amounts under Section 2505-650 of the | ||||||
8 | Department of Revenue Law of the Civil Administrative Code of | ||||||
9 | Illinois. Except as provided in subsections (b), (c), (e), | ||||||
10 | (f), (g), and (h) of this Section, money collected pursuant to | ||||||
11 | subsections (a) and (b) of Section 201 of this Act shall be | ||||||
12 | paid into the General Revenue Fund in the State treasury; | ||||||
13 | money collected pursuant to subsections (c) and (d) of Section | ||||||
14 | 201 of this Act shall be paid into the Personal Property Tax | ||||||
15 | Replacement Fund, a special fund in the State Treasury; and | ||||||
16 | money collected under Section 2505-650 of the Department of | ||||||
17 | Revenue Law of the Civil Administrative Code of Illinois shall | ||||||
18 | be paid into the Child Support Enforcement Trust Fund, a | ||||||
19 | special fund outside the State Treasury, or to the State | ||||||
20 | Disbursement Unit established under Section 10-26 of the | ||||||
21 | Illinois Public Aid Code, as directed by the Department of | ||||||
22 | Healthcare and Family Services. | ||||||
23 | (b) Local Government Distributive Fund. Beginning August | ||||||
24 | 1, 2017 and continuing through July 31, 2022, the Treasurer | ||||||
25 | shall transfer each month from the General Revenue Fund to the |
| |||||||
| |||||||
1 | Local Government Distributive Fund an amount equal to the sum | ||||||
2 | of: (i) 6.06% (10% of the ratio of the 3% individual income tax | ||||||
3 | rate prior to 2011 to the 4.95% individual income tax rate | ||||||
4 | after July 1, 2017) of the net revenue realized from the tax | ||||||
5 | imposed by subsections (a) and (b) of Section 201 of this Act | ||||||
6 | upon individuals, trusts, and estates during the preceding | ||||||
7 | month; (ii) 6.85% (10% of the ratio of the 4.8% corporate | ||||||
8 | income tax rate prior to 2011 to the 7% corporate income tax | ||||||
9 | rate after July 1, 2017) of the net revenue realized from the | ||||||
10 | tax imposed by subsections (a) and (b) of Section 201 of this | ||||||
11 | Act upon corporations during the preceding month; and (iii) | ||||||
12 | beginning February 1, 2022, 6.06% of the net revenue realized | ||||||
13 | from the tax imposed by subsection (p) of Section 201 of this | ||||||
14 | Act upon electing pass-through entities. Beginning August 1, | ||||||
15 | 2022 and continuing through July 31, 2023, the Treasurer shall | ||||||
16 | transfer each month from the General Revenue Fund to the Local | ||||||
17 | Government Distributive Fund an amount equal to the sum of: | ||||||
18 | (i) 6.16% of the net revenue realized from the tax imposed by | ||||||
19 | subsections (a) and (b) of Section 201 of this Act upon | ||||||
20 | individuals, trusts, and estates during the preceding month; | ||||||
21 | (ii) 6.85% of the net revenue realized from the tax imposed by | ||||||
22 | subsections (a) and (b) of Section 201 of this Act upon | ||||||
23 | corporations during the preceding month; and (iii) 6.16% of | ||||||
24 | the net revenue realized from the tax imposed by subsection | ||||||
25 | (p) of Section 201 of this Act upon electing pass-through | ||||||
26 | entities. Beginning August 1, 2023, the Treasurer shall |
| |||||||
| |||||||
1 | transfer each month from the General Revenue Fund to the Local | ||||||
2 | Government Distributive Fund an amount equal to the sum of: | ||||||
3 | (i) 6.47% of the net revenue realized from the tax imposed by | ||||||
4 | subsections (a) and (b) of Section 201 of this Act upon | ||||||
5 | individuals, trusts, and estates during the preceding month; | ||||||
6 | (ii) 6.85% of the net revenue realized from the tax imposed by | ||||||
7 | subsections (a) and (b) of Section 201 of this Act upon | ||||||
8 | corporations during the preceding month; and (iii) 6.47% of | ||||||
9 | the net revenue realized from the tax imposed by subsection | ||||||
10 | (p) of Section 201 of this Act upon electing pass-through | ||||||
11 | entities. Net revenue realized for a month shall be defined as | ||||||
12 | the revenue from the tax imposed by subsections (a) and (b) of | ||||||
13 | Section 201 of this Act which is deposited into the General | ||||||
14 | Revenue Fund, the Education Assistance Fund, the Income Tax | ||||||
15 | Surcharge Local Government Distributive Fund, the Fund for the | ||||||
16 | Advancement of Education, and the Commitment to Human Services | ||||||
17 | Fund during the month minus the amount paid out of the General | ||||||
18 | Revenue Fund in State warrants during that same month as | ||||||
19 | refunds to taxpayers for overpayment of liability under the | ||||||
20 | tax imposed by subsections (a) and (b) of Section 201 of this | ||||||
21 | Act. | ||||||
22 | Notwithstanding any provision of law to the contrary, | ||||||
23 | beginning on July 6, 2017 (the effective date of Public Act | ||||||
24 | 100-23), those amounts required under this subsection (b) to | ||||||
25 | be transferred by the Treasurer into the Local Government | ||||||
26 | Distributive Fund from the General Revenue Fund shall be |
| |||||||
| |||||||
1 | directly deposited into the Local Government Distributive Fund | ||||||
2 | as the revenue is realized from the tax imposed by subsections | ||||||
3 | (a) and (b) of Section 201 of this Act. | ||||||
4 | (c) Deposits Into Income Tax Refund Fund. | ||||||
5 | (1) Beginning on January 1, 1989 and thereafter, the | ||||||
6 | Department shall deposit a percentage of the amounts | ||||||
7 | collected pursuant to subsections (a) and (b)(1), (2), and | ||||||
8 | (3) of Section 201 of this Act into a fund in the State | ||||||
9 | treasury known as the Income Tax Refund Fund. Beginning | ||||||
10 | with State fiscal year 1990 and for each fiscal year | ||||||
11 | thereafter, the percentage deposited into the Income Tax | ||||||
12 | Refund Fund during a fiscal year shall be the Annual | ||||||
13 | Percentage. For fiscal year 2011, the Annual Percentage | ||||||
14 | shall be 8.75%. For fiscal year 2012, the Annual | ||||||
15 | Percentage shall be 8.75%. For fiscal year 2013, the | ||||||
16 | Annual Percentage shall be 9.75%. For fiscal year 2014, | ||||||
17 | the Annual Percentage shall be 9.5%. For fiscal year 2015, | ||||||
18 | the Annual Percentage shall be 10%. For fiscal year 2018, | ||||||
19 | the Annual Percentage shall be 9.8%. For fiscal year 2019, | ||||||
20 | the Annual Percentage shall be 9.7%. For fiscal year 2020, | ||||||
21 | the Annual Percentage shall be 9.5%. For fiscal year 2021, | ||||||
22 | the Annual Percentage shall be 9%. For fiscal year 2022, | ||||||
23 | the Annual Percentage shall be 9.25%. For fiscal year | ||||||
24 | 2023, the Annual Percentage shall be 9.25%. For fiscal | ||||||
25 | year 2024, the Annual Percentage shall be 9.15%. For | ||||||
26 | fiscal year 2025, the Annual Percentage shall be 9.15%. |
| |||||||
| |||||||
1 | For all other fiscal years, the Annual Percentage shall be | ||||||
2 | calculated as a fraction, the numerator of which shall be | ||||||
3 | the amount of refunds approved for payment by the | ||||||
4 | Department during the preceding fiscal year as a result of | ||||||
5 | overpayment of tax liability under subsections (a) and | ||||||
6 | (b)(1), (2), and (3) of Section 201 of this Act plus the | ||||||
7 | amount of such refunds remaining approved but unpaid at | ||||||
8 | the end of the preceding fiscal year, minus the amounts | ||||||
9 | transferred into the Income Tax Refund Fund from the | ||||||
10 | Tobacco Settlement Recovery Fund, and the denominator of | ||||||
11 | which shall be the amounts which will be collected | ||||||
12 | pursuant to subsections (a) and (b)(1), (2), and (3) of | ||||||
13 | Section 201 of this Act during the preceding fiscal year; | ||||||
14 | except that in State fiscal year 2002, the Annual | ||||||
15 | Percentage shall in no event exceed 7.6%. The Director of | ||||||
16 | Revenue shall certify the Annual Percentage to the | ||||||
17 | Comptroller on the last business day of the fiscal year | ||||||
18 | immediately preceding the fiscal year for which it is to | ||||||
19 | be effective. | ||||||
20 | (2) Beginning on January 1, 1989 and thereafter, the | ||||||
21 | Department shall deposit a percentage of the amounts | ||||||
22 | collected pursuant to subsections (a) and (b)(6), (7), and | ||||||
23 | (8), (c) and (d) of Section 201 of this Act into a fund in | ||||||
24 | the State treasury known as the Income Tax Refund Fund. | ||||||
25 | Beginning with State fiscal year 1990 and for each fiscal | ||||||
26 | year thereafter, the percentage deposited into the Income |
| |||||||
| |||||||
1 | Tax Refund Fund during a fiscal year shall be the Annual | ||||||
2 | Percentage. For fiscal year 2011, the Annual Percentage | ||||||
3 | shall be 17.5%. For fiscal year 2012, the Annual | ||||||
4 | Percentage shall be 17.5%. For fiscal year 2013, the | ||||||
5 | Annual Percentage shall be 14%. For fiscal year 2014, the | ||||||
6 | Annual Percentage shall be 13.4%. For fiscal year 2015, | ||||||
7 | the Annual Percentage shall be 14%. For fiscal year 2018, | ||||||
8 | the Annual Percentage shall be 17.5%. For fiscal year | ||||||
9 | 2019, the Annual Percentage shall be 15.5%. For fiscal | ||||||
10 | year 2020, the Annual Percentage shall be 14.25%. For | ||||||
11 | fiscal year 2021, the Annual Percentage shall be 14%. For | ||||||
12 | fiscal year 2022, the Annual Percentage shall be 15%. For | ||||||
13 | fiscal year 2023, the Annual Percentage shall be 14.5%. | ||||||
14 | For fiscal year 2024, the Annual Percentage shall be 14%. | ||||||
15 | For fiscal year 2025, the Annual Percentage shall be 14%. | ||||||
16 | For all other fiscal years, the Annual Percentage shall be | ||||||
17 | calculated as a fraction, the numerator of which shall be | ||||||
18 | the amount of refunds approved for payment by the | ||||||
19 | Department during the preceding fiscal year as a result of | ||||||
20 | overpayment of tax liability under subsections (a) and | ||||||
21 | (b)(6), (7), and (8), (c) and (d) of Section 201 of this | ||||||
22 | Act plus the amount of such refunds remaining approved but | ||||||
23 | unpaid at the end of the preceding fiscal year, and the | ||||||
24 | denominator of which shall be the amounts which will be | ||||||
25 | collected pursuant to subsections (a) and (b)(6), (7), and | ||||||
26 | (8), (c) and (d) of Section 201 of this Act during the |
| |||||||
| |||||||
1 | preceding fiscal year; except that in State fiscal year | ||||||
2 | 2002, the Annual Percentage shall in no event exceed 23%. | ||||||
3 | The Director of Revenue shall certify the Annual | ||||||
4 | Percentage to the Comptroller on the last business day of | ||||||
5 | the fiscal year immediately preceding the fiscal year for | ||||||
6 | which it is to be effective. | ||||||
7 | (3) The Comptroller shall order transferred and the | ||||||
8 | Treasurer shall transfer from the Tobacco Settlement | ||||||
9 | Recovery Fund to the Income Tax Refund Fund (i) | ||||||
10 | $35,000,000 in January, 2001, (ii) $35,000,000 in January, | ||||||
11 | 2002, and (iii) $35,000,000 in January, 2003. | ||||||
12 | (d) Expenditures from Income Tax Refund Fund. | ||||||
13 | (1) Beginning January 1, 1989, money in the Income Tax | ||||||
14 | Refund Fund shall be expended exclusively for the purpose | ||||||
15 | of paying refunds resulting from overpayment of tax | ||||||
16 | liability under Section 201 of this Act and for making | ||||||
17 | transfers pursuant to this subsection (d), except that in | ||||||
18 | State fiscal years 2022 and 2023, moneys in the Income Tax | ||||||
19 | Refund Fund shall also be used to pay one-time rebate | ||||||
20 | payments as provided under Sections 208.5 and 212.1. | ||||||
21 | (2) The Director shall order payment of refunds | ||||||
22 | resulting from overpayment of tax liability under Section | ||||||
23 | 201 of this Act from the Income Tax Refund Fund only to the | ||||||
24 | extent that amounts collected pursuant to Section 201 of | ||||||
25 | this Act and transfers pursuant to this subsection (d) and | ||||||
26 | item (3) of subsection (c) have been deposited and |
| |||||||
| |||||||
1 | retained in the Fund. | ||||||
2 | (3) As soon as possible after the end of each fiscal | ||||||
3 | year, the Director shall order transferred and the State | ||||||
4 | Treasurer and State Comptroller shall transfer from the | ||||||
5 | Income Tax Refund Fund to the Personal Property Tax | ||||||
6 | Replacement Fund an amount, certified by the Director to | ||||||
7 | the Comptroller, equal to the excess of the amount | ||||||
8 | collected pursuant to subsections (c) and (d) of Section | ||||||
9 | 201 of this Act deposited into the Income Tax Refund Fund | ||||||
10 | during the fiscal year over the amount of refunds | ||||||
11 | resulting from overpayment of tax liability under | ||||||
12 | subsections (c) and (d) of Section 201 of this Act paid | ||||||
13 | from the Income Tax Refund Fund during the fiscal year. | ||||||
14 | (4) As soon as possible after the end of each fiscal | ||||||
15 | year, the Director shall order transferred and the State | ||||||
16 | Treasurer and State Comptroller shall transfer from the | ||||||
17 | Personal Property Tax Replacement Fund to the Income Tax | ||||||
18 | Refund Fund an amount, certified by the Director to the | ||||||
19 | Comptroller, equal to the excess of the amount of refunds | ||||||
20 | resulting from overpayment of tax liability under | ||||||
21 | subsections (c) and (d) of Section 201 of this Act paid | ||||||
22 | from the Income Tax Refund Fund during the fiscal year | ||||||
23 | over the amount collected pursuant to subsections (c) and | ||||||
24 | (d) of Section 201 of this Act deposited into the Income | ||||||
25 | Tax Refund Fund during the fiscal year. | ||||||
26 | (4.5) As soon as possible after the end of fiscal year |
| |||||||
| |||||||
1 | 1999 and of each fiscal year thereafter, the Director | ||||||
2 | shall order transferred and the State Treasurer and State | ||||||
3 | Comptroller shall transfer from the Income Tax Refund Fund | ||||||
4 | to the General Revenue Fund any surplus remaining in the | ||||||
5 | Income Tax Refund Fund as of the end of such fiscal year; | ||||||
6 | excluding for fiscal years 2000, 2001, and 2002 amounts | ||||||
7 | attributable to transfers under item (3) of subsection (c) | ||||||
8 | less refunds resulting from the earned income tax credit, | ||||||
9 | and excluding for fiscal year 2022 amounts attributable to | ||||||
10 | transfers from the General Revenue Fund authorized by | ||||||
11 | Public Act 102-700. | ||||||
12 | (5) This Act shall constitute an irrevocable and | ||||||
13 | continuing appropriation from the Income Tax Refund Fund | ||||||
14 | for the purposes of (i) paying refunds upon the order of | ||||||
15 | the Director in accordance with the provisions of this | ||||||
16 | Section and (ii) paying one-time rebate payments under | ||||||
17 | Sections 208.5 and 212.1. | ||||||
18 | (e) Deposits into the Education Assistance Fund and the | ||||||
19 | Income Tax Surcharge Local Government Distributive Fund. On | ||||||
20 | July 1, 1991, and thereafter, of the amounts collected | ||||||
21 | pursuant to subsections (a) and (b) of Section 201 of this Act, | ||||||
22 | minus deposits into the Income Tax Refund Fund, the Department | ||||||
23 | shall deposit 7.3% into the Education Assistance Fund in the | ||||||
24 | State Treasury. Beginning July 1, 1991, and continuing through | ||||||
25 | January 31, 1993, of the amounts collected pursuant to | ||||||
26 | subsections (a) and (b) of Section 201 of the Illinois Income |
| |||||||
| |||||||
1 | Tax Act, minus deposits into the Income Tax Refund Fund, the | ||||||
2 | Department shall deposit 3.0% into the Income Tax Surcharge | ||||||
3 | Local Government Distributive Fund in the State Treasury. | ||||||
4 | Beginning February 1, 1993 and continuing through June 30, | ||||||
5 | 1993, of the amounts collected pursuant to subsections (a) and | ||||||
6 | (b) of Section 201 of the Illinois Income Tax Act, minus | ||||||
7 | deposits into the Income Tax Refund Fund, the Department shall | ||||||
8 | deposit 4.4% into the Income Tax Surcharge Local Government | ||||||
9 | Distributive Fund in the State Treasury. Beginning July 1, | ||||||
10 | 1993, and continuing through June 30, 1994, of the amounts | ||||||
11 | collected under subsections (a) and (b) of Section 201 of this | ||||||
12 | Act, minus deposits into the Income Tax Refund Fund, the | ||||||
13 | Department shall deposit 1.475% into the Income Tax Surcharge | ||||||
14 | Local Government Distributive Fund in the State Treasury. | ||||||
15 | (f) Deposits into the Fund for the Advancement of | ||||||
16 | Education. Beginning February 1, 2015, the Department shall | ||||||
17 | deposit the following portions of the revenue realized from | ||||||
18 | the tax imposed upon individuals, trusts, and estates by | ||||||
19 | subsections (a) and (b) of Section 201 of this Act, minus | ||||||
20 | deposits into the Income Tax Refund Fund, into the Fund for the | ||||||
21 | Advancement of Education: | ||||||
22 | (1) beginning February 1, 2015, and prior to February | ||||||
23 | 1, 2025, 1/30; and | ||||||
24 | (2) beginning February 1, 2025, 1/26. | ||||||
25 | If the rate of tax imposed by subsection (a) and (b) of | ||||||
26 | Section 201 is reduced pursuant to Section 201.5 of this Act, |
| |||||||
| |||||||
1 | the Department shall not make the deposits required by this | ||||||
2 | subsection (f) on or after the effective date of the | ||||||
3 | reduction. | ||||||
4 | (g) Deposits into the Commitment to Human Services Fund. | ||||||
5 | Beginning February 1, 2015, the Department shall deposit the | ||||||
6 | following portions of the revenue realized from the tax | ||||||
7 | imposed upon individuals, trusts, and estates by subsections | ||||||
8 | (a) and (b) of Section 201 of this Act, minus deposits into the | ||||||
9 | Income Tax Refund Fund, into the Commitment to Human Services | ||||||
10 | Fund: | ||||||
11 | (1) beginning February 1, 2015, and prior to February | ||||||
12 | 1, 2025, 1/30; and | ||||||
13 | (2) beginning February 1, 2025, 1/26. | ||||||
14 | If the rate of tax imposed by subsection (a) and (b) of | ||||||
15 | Section 201 is reduced pursuant to Section 201.5 of this Act, | ||||||
16 | the Department shall not make the deposits required by this | ||||||
17 | subsection (g) on or after the effective date of the | ||||||
18 | reduction. | ||||||
19 | (h) Deposits into the Tax Compliance and Administration | ||||||
20 | Fund. Beginning on the first day of the first calendar month to | ||||||
21 | occur on or after August 26, 2014 (the effective date of Public | ||||||
22 | Act 98-1098), each month the Department shall pay into the Tax | ||||||
23 | Compliance and Administration Fund, to be used, subject to | ||||||
24 | appropriation, to fund additional auditors and compliance | ||||||
25 | personnel at the Department, an amount equal to 1/12 of 5% of | ||||||
26 | the cash receipts collected during the preceding fiscal year |
| |||||||
| |||||||
1 | by the Audit Bureau of the Department from the tax imposed by | ||||||
2 | subsections (a), (b), (c), and (d) of Section 201 of this Act, | ||||||
3 | net of deposits into the Income Tax Refund Fund made from those | ||||||
4 | cash receipts. | ||||||
5 | (Source: P.A. 102-16, eff. 6-17-21; 102-558, eff. 8-20-21; | ||||||
6 | 102-658, eff. 8-27-21; 102-699, eff. 4-19-22; 102-700, eff. | ||||||
7 | 4-19-22; 102-813, eff. 5-13-22; 103-8, eff. 6-7-23; 103-154, | ||||||
8 | eff. 6-30-23.) | ||||||
9 | Section 5-60. The Regional Transportation Authority Act is | ||||||
10 | amended by changing Section 4.09 as follows: | ||||||
11 | (70 ILCS 3615/4.09) (from Ch. 111 2/3, par. 704.09) | ||||||
12 | Sec. 4.09. Public Transportation Fund and the Regional | ||||||
13 | Transportation Authority Occupation and Use Tax Replacement | ||||||
14 | Fund. | ||||||
15 | (a)(1) Except as otherwise provided in paragraph (4), as | ||||||
16 | soon as possible after the first day of each month, beginning | ||||||
17 | July 1, 1984, upon certification of the Department of Revenue, | ||||||
18 | the Comptroller shall order transferred and the Treasurer | ||||||
19 | shall transfer from the General Revenue Fund to a special fund | ||||||
20 | in the State Treasury to be known as the Public Transportation | ||||||
21 | Fund an amount equal to 25% of the net revenue, before the | ||||||
22 | deduction of the serviceman and retailer discounts pursuant to | ||||||
23 | Section 9 of the Service Occupation Tax Act and Section 3 of | ||||||
24 | the Retailers' Occupation Tax Act, realized from any tax |
| |||||||
| |||||||
1 | imposed by the Authority pursuant to Sections 4.03 and 4.03.1 | ||||||
2 | and 25% of the amounts deposited into the Regional | ||||||
3 | Transportation Authority tax fund created by Section 4.03 of | ||||||
4 | this Act, from the County and Mass Transit District Fund as | ||||||
5 | provided in Section 6z-20 of the State Finance Act and 25% of | ||||||
6 | the amounts deposited into the Regional Transportation | ||||||
7 | Authority Occupation and Use Tax Replacement Fund from the | ||||||
8 | State and Local Sales Tax Reform Fund as provided in Section | ||||||
9 | 6z-17 of the State Finance Act. On the first day of the month | ||||||
10 | following the date that the Department receives revenues from | ||||||
11 | increased taxes under Section 4.03(m) as authorized by Public | ||||||
12 | Act 95-708, in lieu of the transfers authorized in the | ||||||
13 | preceding sentence, upon certification of the Department of | ||||||
14 | Revenue, the Comptroller shall order transferred and the | ||||||
15 | Treasurer shall transfer from the General Revenue Fund to the | ||||||
16 | Public Transportation Fund an amount equal to 25% of the net | ||||||
17 | revenue, before the deduction of the serviceman and retailer | ||||||
18 | discounts pursuant to Section 9 of the Service Occupation Tax | ||||||
19 | Act and Section 3 of the Retailers' Occupation Tax Act, | ||||||
20 | realized from (i) 80% of the proceeds of any tax imposed by the | ||||||
21 | Authority at a rate of 1.25% in Cook County, (ii) 75% of the | ||||||
22 | proceeds of any tax imposed by the Authority at the rate of 1% | ||||||
23 | in Cook County, and (iii) one-third of the proceeds of any tax | ||||||
24 | imposed by the Authority at the rate of 0.75% in the Counties | ||||||
25 | of DuPage, Kane, Lake, McHenry, and Will, all pursuant to | ||||||
26 | Section 4.03, and 25% of the net revenue realized from any tax |
| |||||||
| |||||||
1 | imposed by the Authority pursuant to Section 4.03.1, and 25% | ||||||
2 | of the amounts deposited into the Regional Transportation | ||||||
3 | Authority tax fund created by Section 4.03 of this Act from the | ||||||
4 | County and Mass Transit District Fund as provided in Section | ||||||
5 | 6z-20 of the State Finance Act, and 25% of the amounts | ||||||
6 | deposited into the Regional Transportation Authority | ||||||
7 | Occupation and Use Tax Replacement Fund from the State and | ||||||
8 | Local Sales Tax Reform Fund as provided in Section 6z-17 of the | ||||||
9 | State Finance Act. As used in this Section, net revenue | ||||||
10 | realized for a month shall be the revenue collected by the | ||||||
11 | State pursuant to Sections 4.03 and 4.03.1 during the previous | ||||||
12 | month from within the metropolitan region, less the amount | ||||||
13 | paid out during that same month as refunds to taxpayers for | ||||||
14 | overpayment of liability in the metropolitan region under | ||||||
15 | Sections 4.03 and 4.03.1. | ||||||
16 | Notwithstanding any provision of law to the contrary, | ||||||
17 | beginning on July 6, 2017 (the effective date of Public Act | ||||||
18 | 100-23), those amounts required under this paragraph (1) of | ||||||
19 | subsection (a) to be transferred by the Treasurer into the | ||||||
20 | Public Transportation Fund from the General Revenue Fund shall | ||||||
21 | be directly deposited into the Public Transportation Fund as | ||||||
22 | the revenues are realized from the taxes indicated. | ||||||
23 | (2) Except as otherwise provided in paragraph (4), on | ||||||
24 | February 1, 2009 (the first day of the month following the | ||||||
25 | effective date of Public Act 95-708) and each month | ||||||
26 | thereafter, upon certification by the Department of Revenue, |
| |||||||
| |||||||
1 | the Comptroller shall order transferred and the Treasurer | ||||||
2 | shall transfer from the General Revenue Fund to the Public | ||||||
3 | Transportation Fund an amount equal to 5% of the net revenue, | ||||||
4 | before the deduction of the serviceman and retailer discounts | ||||||
5 | pursuant to Section 9 of the Service Occupation Tax Act and | ||||||
6 | Section 3 of the Retailers' Occupation Tax Act, realized from | ||||||
7 | any tax imposed by the Authority pursuant to Sections 4.03 and | ||||||
8 | 4.03.1 and certified by the Department of Revenue under | ||||||
9 | Section 4.03(n) of this Act to be paid to the Authority and 5% | ||||||
10 | of the amounts deposited into the Regional Transportation | ||||||
11 | Authority tax fund created by Section 4.03 of this Act from the | ||||||
12 | County and Mass Transit District Fund as provided in Section | ||||||
13 | 6z-20 of the State Finance Act, and 5% of the amounts deposited | ||||||
14 | into the Regional Transportation Authority Occupation and Use | ||||||
15 | Tax Replacement Fund from the State and Local Sales Tax Reform | ||||||
16 | Fund as provided in Section 6z-17 of the State Finance Act, and | ||||||
17 | 5% of the revenue realized by the Chicago Transit Authority as | ||||||
18 | financial assistance from the City of Chicago from the | ||||||
19 | proceeds of any tax imposed by the City of Chicago under | ||||||
20 | Section 8-3-19 of the Illinois Municipal Code. | ||||||
21 | Notwithstanding any provision of law to the contrary, | ||||||
22 | beginning on July 6, 2017 (the effective date of Public Act | ||||||
23 | 100-23), those amounts required under this paragraph (2) of | ||||||
24 | subsection (a) to be transferred by the Treasurer into the | ||||||
25 | Public Transportation Fund from the General Revenue Fund shall | ||||||
26 | be directly deposited into the Public Transportation Fund as |
| |||||||
| |||||||
1 | the revenues are realized from the taxes indicated. | ||||||
2 | (3) Except as otherwise provided in paragraph (4), as soon | ||||||
3 | as possible after the first day of January, 2009 and each month | ||||||
4 | thereafter, upon certification of the Department of Revenue | ||||||
5 | with respect to the taxes collected under Section 4.03, the | ||||||
6 | Comptroller shall order transferred and the Treasurer shall | ||||||
7 | transfer from the General Revenue Fund to the Public | ||||||
8 | Transportation Fund an amount equal to 25% of the net revenue, | ||||||
9 | before the deduction of the serviceman and retailer discounts | ||||||
10 | pursuant to Section 9 of the Service Occupation Tax Act and | ||||||
11 | Section 3 of the Retailers' Occupation Tax Act, realized from | ||||||
12 | (i) 20% of the proceeds of any tax imposed by the Authority at | ||||||
13 | a rate of 1.25% in Cook County, (ii) 25% of the proceeds of any | ||||||
14 | tax imposed by the Authority at the rate of 1% in Cook County, | ||||||
15 | and (iii) one-third of the proceeds of any tax imposed by the | ||||||
16 | Authority at the rate of 0.75% in the Counties of DuPage, Kane, | ||||||
17 | Lake, McHenry, and Will, all pursuant to Section 4.03, and the | ||||||
18 | Comptroller shall order transferred and the Treasurer shall | ||||||
19 | transfer from the General Revenue Fund to the Public | ||||||
20 | Transportation Fund (iv) an amount equal to 25% of the revenue | ||||||
21 | realized by the Chicago Transit Authority as financial | ||||||
22 | assistance from the City of Chicago from the proceeds of any | ||||||
23 | tax imposed by the City of Chicago under Section 8-3-19 of the | ||||||
24 | Illinois Municipal Code. | ||||||
25 | Notwithstanding any provision of law to the contrary, | ||||||
26 | beginning on July 6, 2017 (the effective date of Public Act |
| |||||||
| |||||||
1 | 100-23), those amounts required under this paragraph (3) of | ||||||
2 | subsection (a) to be transferred by the Treasurer into the | ||||||
3 | Public Transportation Fund from the General Revenue Fund shall | ||||||
4 | be directly deposited into the Public Transportation Fund as | ||||||
5 | the revenues are realized from the taxes indicated. | ||||||
6 | (4) Notwithstanding any provision of law to the contrary, | ||||||
7 | for the State fiscal year beginning July 1, 2024 and each State | ||||||
8 | fiscal year thereafter of the transfers to be made under | ||||||
9 | paragraphs (1), (2), and (3) of this subsection (a) from the | ||||||
10 | General Revenue Fund to the Public Transportation Fund , the | ||||||
11 | first $225,000,000 $150,000,000 that would have otherwise been | ||||||
12 | transferred from the General Revenue Fund and deposited into | ||||||
13 | the Public Transportation Fund as provided in paragraphs (1), | ||||||
14 | (2), and (3) of this subsection (a) shall instead be | ||||||
15 | transferred from the Road Fund by the Treasurer upon | ||||||
16 | certification by the Department of Revenue and order of the | ||||||
17 | Comptroller . The next $50,000,000 that would have otherwise | ||||||
18 | been transferred from the General Revenue Fund and deposited | ||||||
19 | into the Public Transportation Fund as provided in paragraphs | ||||||
20 | (1), (2), and (3) of this subsection (a) shall instead be | ||||||
21 | transferred from the Underground Storage Tank Fund by the | ||||||
22 | Treasurer upon certification by the Department of Revenue and | ||||||
23 | order of the Comptroller. The remaining balance of such | ||||||
24 | transfers shall be deposited each State fiscal year as | ||||||
25 | otherwise provided in paragraphs (1), (2), and (3) of this | ||||||
26 | subsection (a) made from the General Revenue Fund . |
| |||||||
| |||||||
1 | (5) (Blank). | ||||||
2 | (6) (Blank). | ||||||
3 | (7) For State fiscal year 2020 only, notwithstanding any | ||||||
4 | provision of law to the contrary, the total amount of revenue | ||||||
5 | and deposits under this Section attributable to revenues | ||||||
6 | realized during State fiscal year 2020 shall be reduced by 5%. | ||||||
7 | (8) For State fiscal year 2021 only, notwithstanding any | ||||||
8 | provision of law to the contrary, the total amount of revenue | ||||||
9 | and deposits under this Section attributable to revenues | ||||||
10 | realized during State fiscal year 2021 shall be reduced by 5%. | ||||||
11 | (b)(1) All moneys deposited in the Public Transportation | ||||||
12 | Fund and the Regional Transportation Authority Occupation and | ||||||
13 | Use Tax Replacement Fund, whether deposited pursuant to this | ||||||
14 | Section or otherwise, are allocated to the Authority, except | ||||||
15 | for amounts appropriated to the Office of the Executive | ||||||
16 | Inspector General as authorized by subsection (h) of Section | ||||||
17 | 4.03.3 and amounts transferred to the Audit Expense Fund | ||||||
18 | pursuant to Section 6z-27 of the State Finance Act. The | ||||||
19 | Comptroller, as soon as possible after each monthly transfer | ||||||
20 | provided in this Section and after each deposit into the | ||||||
21 | Public Transportation Fund, shall order the Treasurer to pay | ||||||
22 | to the Authority out of the Public Transportation Fund the | ||||||
23 | amount so transferred or deposited. Any Additional State | ||||||
24 | Assistance and Additional Financial Assistance paid to the | ||||||
25 | Authority under this Section shall be expended by the | ||||||
26 | Authority for its purposes as provided in this Act. The |
| |||||||
| |||||||
1 | balance of the amounts paid to the Authority from the Public | ||||||
2 | Transportation Fund shall be expended by the Authority as | ||||||
3 | provided in Section 4.03.3. The Comptroller, as soon as | ||||||
4 | possible after each deposit into the Regional Transportation | ||||||
5 | Authority Occupation and Use Tax Replacement Fund provided in | ||||||
6 | this Section and Section 6z-17 of the State Finance Act, shall | ||||||
7 | order the Treasurer to pay to the Authority out of the Regional | ||||||
8 | Transportation Authority Occupation and Use Tax Replacement | ||||||
9 | Fund the amount so deposited. Such amounts paid to the | ||||||
10 | Authority may be expended by it for its purposes as provided in | ||||||
11 | this Act. The provisions directing the distributions from the | ||||||
12 | Public Transportation Fund and the Regional Transportation | ||||||
13 | Authority Occupation and Use Tax Replacement Fund provided for | ||||||
14 | in this Section shall constitute an irrevocable and continuing | ||||||
15 | appropriation of all amounts as provided herein. The State | ||||||
16 | Treasurer and State Comptroller are hereby authorized and | ||||||
17 | directed to make distributions as provided in this Section. | ||||||
18 | (2) Provided, however, no moneys deposited under subsection | ||||||
19 | (a) of this Section shall be paid from the Public | ||||||
20 | Transportation Fund to the Authority or its assignee for any | ||||||
21 | fiscal year until the Authority has certified to the Governor, | ||||||
22 | the Comptroller, and the Mayor of the City of Chicago that it | ||||||
23 | has adopted for that fiscal year an Annual Budget and Two-Year | ||||||
24 | Financial Plan meeting the requirements in Section 4.01(b). | ||||||
25 | (c) In recognition of the efforts of the Authority to | ||||||
26 | enhance the mass transportation facilities under its control, |
| ||||||||||||||||||||||||||||||||||||||||||
| ||||||||||||||||||||||||||||||||||||||||||
1 | the State shall provide financial assistance ("Additional | |||||||||||||||||||||||||||||||||||||||||
2 | State Assistance") in excess of the amounts transferred to the | |||||||||||||||||||||||||||||||||||||||||
3 | Authority from the General Revenue Fund under subsection (a) | |||||||||||||||||||||||||||||||||||||||||
4 | of this Section. Additional State Assistance shall be | |||||||||||||||||||||||||||||||||||||||||
5 | calculated as provided in subsection (d), but shall in no | |||||||||||||||||||||||||||||||||||||||||
6 | event exceed the following specified amounts with respect to | |||||||||||||||||||||||||||||||||||||||||
7 | the following State fiscal years: | |||||||||||||||||||||||||||||||||||||||||
| ||||||||||||||||||||||||||||||||||||||||||
18 | (c-5) The State shall provide financial assistance | |||||||||||||||||||||||||||||||||||||||||
19 | ("Additional Financial Assistance") in addition to the | |||||||||||||||||||||||||||||||||||||||||
20 | Additional State Assistance provided by subsection (c) and the | |||||||||||||||||||||||||||||||||||||||||
21 | amounts transferred to the Authority from the General Revenue | |||||||||||||||||||||||||||||||||||||||||
22 | Fund under subsection (a) of this Section. Additional | |||||||||||||||||||||||||||||||||||||||||
23 | Financial Assistance provided by this subsection shall be | |||||||||||||||||||||||||||||||||||||||||
24 | calculated as provided in subsection (d), but shall in no | |||||||||||||||||||||||||||||||||||||||||
25 | event exceed the following specified amounts with respect to | |||||||||||||||||||||||||||||||||||||||||
26 | the following State fiscal years: | |||||||||||||||||||||||||||||||||||||||||
| ||||||||||||||||||||||||||||||
| ||||||||||||||||||||||||||||||
| ||||||||||||||||||||||||||||||
8 | (d) Beginning with State fiscal year 1990 and continuing | |||||||||||||||||||||||||||||
9 | for each State fiscal year thereafter, the Authority shall | |||||||||||||||||||||||||||||
10 | annually certify to the State Comptroller and State Treasurer, | |||||||||||||||||||||||||||||
11 | separately with respect to each of subdivisions (g)(2) and | |||||||||||||||||||||||||||||
12 | (g)(3) of Section 4.04 of this Act, the following amounts: | |||||||||||||||||||||||||||||
13 | (1) The amount necessary and required, during the | |||||||||||||||||||||||||||||
14 | State fiscal year with respect to which the certification | |||||||||||||||||||||||||||||
15 | is made, to pay its obligations for debt service on all | |||||||||||||||||||||||||||||
16 | outstanding bonds or notes issued by the Authority under | |||||||||||||||||||||||||||||
17 | subdivisions (g)(2) and (g)(3) of Section 4.04 of this | |||||||||||||||||||||||||||||
18 | Act. | |||||||||||||||||||||||||||||
19 | (2) An estimate of the amount necessary and required | |||||||||||||||||||||||||||||
20 | to pay its obligations for debt service for any bonds or | |||||||||||||||||||||||||||||
21 | notes which the Authority anticipates it will issue under | |||||||||||||||||||||||||||||
22 | subdivisions (g)(2) and (g)(3) of Section 4.04 during that | |||||||||||||||||||||||||||||
23 | State fiscal year. | |||||||||||||||||||||||||||||
24 | (3) Its debt service savings during the preceding | |||||||||||||||||||||||||||||
25 | State fiscal year from refunding or advance refunding of | |||||||||||||||||||||||||||||
26 | bonds or notes issued under subdivisions (g)(2) and (g)(3) |
| |||||||
| |||||||
1 | of Section 4.04. | ||||||
2 | (4) The amount of interest, if any, earned by the | ||||||
3 | Authority during the previous State fiscal year on the | ||||||
4 | proceeds of bonds or notes issued pursuant to subdivisions | ||||||
5 | (g)(2) and (g)(3) of Section 4.04, other than refunding or | ||||||
6 | advance refunding bonds or notes. | ||||||
7 | The certification shall include a specific schedule of | ||||||
8 | debt service payments, including the date and amount of each | ||||||
9 | payment for all outstanding bonds or notes and an estimated | ||||||
10 | schedule of anticipated debt service for all bonds and notes | ||||||
11 | it intends to issue, if any, during that State fiscal year, | ||||||
12 | including the estimated date and estimated amount of each | ||||||
13 | payment. | ||||||
14 | Immediately upon the issuance of bonds for which an | ||||||
15 | estimated schedule of debt service payments was prepared, the | ||||||
16 | Authority shall file an amended certification with respect to | ||||||
17 | item (2) above, to specify the actual schedule of debt service | ||||||
18 | payments, including the date and amount of each payment, for | ||||||
19 | the remainder of the State fiscal year. | ||||||
20 | On the first day of each month of the State fiscal year in | ||||||
21 | which there are bonds outstanding with respect to which the | ||||||
22 | certification is made, the State Comptroller shall order | ||||||
23 | transferred and the State Treasurer shall transfer from the | ||||||
24 | Road Fund to the Public Transportation Fund the Additional | ||||||
25 | State Assistance and Additional Financial Assistance in an | ||||||
26 | amount equal to the aggregate of (i) one-twelfth of the sum of |
| |||||||
| |||||||
1 | the amounts certified under items (1) and (3) above less the | ||||||
2 | amount certified under item (4) above, plus (ii) the amount | ||||||
3 | required to pay debt service on bonds and notes issued during | ||||||
4 | the fiscal year, if any, divided by the number of months | ||||||
5 | remaining in the fiscal year after the date of issuance, or | ||||||
6 | some smaller portion as may be necessary under subsection (c) | ||||||
7 | or (c-5) of this Section for the relevant State fiscal year, | ||||||
8 | plus (iii) any cumulative deficiencies in transfers for prior | ||||||
9 | months, until an amount equal to the sum of the amounts | ||||||
10 | certified under items (1) and (3) above, plus the actual debt | ||||||
11 | service certified under item (2) above, less the amount | ||||||
12 | certified under item (4) above, has been transferred; except | ||||||
13 | that these transfers are subject to the following limits: | ||||||
14 | (A) In no event shall the total transfers in any State | ||||||
15 | fiscal year relating to outstanding bonds and notes issued | ||||||
16 | by the Authority under subdivision (g)(2) of Section 4.04 | ||||||
17 | exceed the lesser of the annual maximum amount specified | ||||||
18 | in subsection (c) or the sum of the amounts certified | ||||||
19 | under items (1) and (3) above, plus the actual debt | ||||||
20 | service certified under item (2) above, less the amount | ||||||
21 | certified under item (4) above, with respect to those | ||||||
22 | bonds and notes. | ||||||
23 | (B) In no event shall the total transfers in any State | ||||||
24 | fiscal year relating to outstanding bonds and notes issued | ||||||
25 | by the Authority under subdivision (g)(3) of Section 4.04 | ||||||
26 | exceed the lesser of the annual maximum amount specified |
| |||||||
| |||||||
1 | in subsection (c-5) or the sum of the amounts certified | ||||||
2 | under items (1) and (3) above, plus the actual debt | ||||||
3 | service certified under item (2) above, less the amount | ||||||
4 | certified under item (4) above, with respect to those | ||||||
5 | bonds and notes. | ||||||
6 | The term "outstanding" does not include bonds or notes for | ||||||
7 | which refunding or advance refunding bonds or notes have been | ||||||
8 | issued. | ||||||
9 | (e) Neither Additional State Assistance nor Additional | ||||||
10 | Financial Assistance may be pledged, either directly or | ||||||
11 | indirectly as general revenues of the Authority, as security | ||||||
12 | for any bonds issued by the Authority. The Authority may not | ||||||
13 | assign its right to receive Additional State Assistance or | ||||||
14 | Additional Financial Assistance, or direct payment of | ||||||
15 | Additional State Assistance or Additional Financial | ||||||
16 | Assistance, to a trustee or any other entity for the payment of | ||||||
17 | debt service on its bonds. | ||||||
18 | (f) The certification required under subsection (d) with | ||||||
19 | respect to outstanding bonds and notes of the Authority shall | ||||||
20 | be filed as early as practicable before the beginning of the | ||||||
21 | State fiscal year to which it relates. The certification shall | ||||||
22 | be revised as may be necessary to accurately state the debt | ||||||
23 | service requirements of the Authority. | ||||||
24 | (g) Within 6 months of the end of each fiscal year, the | ||||||
25 | Authority shall determine: | ||||||
26 | (i) whether the aggregate of all system generated |
| |||||||
| |||||||
1 | revenues for public transportation in the metropolitan | ||||||
2 | region which is provided by, or under grant or purchase of | ||||||
3 | service contracts with, the Service Boards equals 50% of | ||||||
4 | the aggregate of all costs of providing such public | ||||||
5 | transportation. "System generated revenues" include all | ||||||
6 | the proceeds of fares and charges for services provided, | ||||||
7 | contributions received in connection with public | ||||||
8 | transportation from units of local government other than | ||||||
9 | the Authority, except for contributions received by the | ||||||
10 | Chicago Transit Authority from a real estate transfer tax | ||||||
11 | imposed under subsection (i) of Section 8-3-19 of the | ||||||
12 | Illinois Municipal Code, and from the State pursuant to | ||||||
13 | subsection (i) of Section 2705-305 of the Department of | ||||||
14 | Transportation Law, and all other revenues properly | ||||||
15 | included consistent with generally accepted accounting | ||||||
16 | principles but may not include: the proceeds from any | ||||||
17 | borrowing, and, beginning with the 2007 fiscal year, all | ||||||
18 | revenues and receipts, including but not limited to fares | ||||||
19 | and grants received from the federal, State or any unit of | ||||||
20 | local government or other entity, derived from providing | ||||||
21 | ADA paratransit service pursuant to Section 2.30 of the | ||||||
22 | Regional Transportation Authority Act. "Costs" include all | ||||||
23 | items properly included as operating costs consistent with | ||||||
24 | generally accepted accounting principles, including | ||||||
25 | administrative costs, but do not include: depreciation; | ||||||
26 | payment of principal and interest on bonds, notes or other |
| |||||||
| |||||||
1 | evidences of obligations for borrowed money of the | ||||||
2 | Authority; payments with respect to public transportation | ||||||
3 | facilities made pursuant to subsection (b) of Section | ||||||
4 | 2.20; any payments with respect to rate protection | ||||||
5 | contracts, credit enhancements or liquidity agreements | ||||||
6 | made under Section 4.14; any other cost as to which it is | ||||||
7 | reasonably expected that a cash expenditure will not be | ||||||
8 | made; costs for passenger security including grants, | ||||||
9 | contracts, personnel, equipment and administrative | ||||||
10 | expenses, except in the case of the Chicago Transit | ||||||
11 | Authority, in which case the term does not include costs | ||||||
12 | spent annually by that entity for protection against crime | ||||||
13 | as required by Section 27a of the Metropolitan Transit | ||||||
14 | Authority Act; the costs of Debt Service paid by the | ||||||
15 | Chicago Transit Authority, as defined in Section 12c of | ||||||
16 | the Metropolitan Transit Authority Act, or bonds or notes | ||||||
17 | issued pursuant to that Section; the payment by the | ||||||
18 | Commuter Rail Division of debt service on bonds issued | ||||||
19 | pursuant to Section 3B.09; expenses incurred by the | ||||||
20 | Suburban Bus Division for the cost of new public | ||||||
21 | transportation services funded from grants pursuant to | ||||||
22 | Section 2.01e of this Act for a period of 2 years from the | ||||||
23 | date of initiation of each such service; costs as exempted | ||||||
24 | by the Board for projects pursuant to Section 2.09 of this | ||||||
25 | Act; or, beginning with the 2007 fiscal year, expenses | ||||||
26 | related to providing ADA paratransit service pursuant to |
| |||||||
| |||||||
1 | Section 2.30 of the Regional Transportation Authority Act; | ||||||
2 | or in fiscal years 2008 through 2012 inclusive, costs in | ||||||
3 | the amount of $200,000,000 in fiscal year 2008, reducing | ||||||
4 | by $40,000,000 in each fiscal year thereafter until this | ||||||
5 | exemption is eliminated. If said system generated revenues | ||||||
6 | are less than 50% of said costs, the Board shall remit an | ||||||
7 | amount equal to the amount of the deficit to the State; | ||||||
8 | however, due to the fiscal impacts from the COVID-19 | ||||||
9 | pandemic, for fiscal years 2021, 2022, 2023, 2024, and | ||||||
10 | 2025, no such payment shall be required. The Treasurer | ||||||
11 | shall deposit any such payment in the Road Fund; and | ||||||
12 | (ii) whether, beginning with the 2007 fiscal year, the | ||||||
13 | aggregate of all fares charged and received for ADA | ||||||
14 | paratransit services equals the system generated ADA | ||||||
15 | paratransit services revenue recovery ratio percentage of | ||||||
16 | the aggregate of all costs of providing such ADA | ||||||
17 | paratransit services. | ||||||
18 | (h) If the Authority makes any payment to the State under | ||||||
19 | paragraph (g), the Authority shall reduce the amount provided | ||||||
20 | to a Service Board from funds transferred under paragraph (a) | ||||||
21 | in proportion to the amount by which that Service Board failed | ||||||
22 | to meet its required system generated revenues recovery ratio. | ||||||
23 | A Service Board which is affected by a reduction in funds under | ||||||
24 | this paragraph shall submit to the Authority concurrently with | ||||||
25 | its next due quarterly report a revised budget incorporating | ||||||
26 | the reduction in funds. The revised budget must meet the |
| |||||||
| |||||||
1 | criteria specified in clauses (i) through (vi) of Section | ||||||
2 | 4.11(b)(2). The Board shall review and act on the revised | ||||||
3 | budget as provided in Section 4.11(b)(3). | ||||||
4 | (Source: P.A. 102-678, eff. 12-10-21; 103-281, eff. 1-1-24 .) | ||||||
5 | Section 5-65. The Mental Health Early Action on Campus Act | ||||||
6 | is amended by changing Section 55 as follows: | ||||||
7 | (110 ILCS 58/55) | ||||||
8 | Sec. 55. Funding. This Act is subject to appropriation. | ||||||
9 | The Commission on Government Forecasting and Accountability, | ||||||
10 | in conjunction with the Illinois Community College Board and | ||||||
11 | the Board of Higher Education, must make recommendations to | ||||||
12 | the General Assembly on the amounts necessary to implement | ||||||
13 | this Act. The initial recommendation must be provided by the | ||||||
14 | Commission no later than December 31, 2019. Any appropriation | ||||||
15 | provided in advance of this initial recommendation may be used | ||||||
16 | for planning purposes. No Section of this Act may be funded by | ||||||
17 | student fees created on or after July 1, 2020. Public colleges | ||||||
18 | or universities may seek federal funding or private grants, if | ||||||
19 | available, to support the provisions of this Act. In order to | ||||||
20 | raise mental health awareness on college campuses through | ||||||
21 | training, peer support, and local partnerships, the Board of | ||||||
22 | Higher Education may, subject to appropriation, establish and | ||||||
23 | administer a grant program to assist public universities in | ||||||
24 | implementing this Act. |
| |||||||
| |||||||
1 | (Source: P.A. 101-251, eff. 8-9-19.) | ||||||
2 | Section 5-70. The Illinois Health Benefits Exchange Law is | ||||||
3 | amended by changing Section 5-30 as follows: | ||||||
4 | (215 ILCS 122/5-30) | ||||||
5 | (Section scheduled to be repealed on January 1, 2025) | ||||||
6 | Sec. 5-30. Transfers from Insurance Producer | ||||||
7 | Administration Fund. | ||||||
8 | (a) During fiscal year 2024 only, at the direction of and | ||||||
9 | upon notification from the Director of Insurance, the State | ||||||
10 | Comptroller shall direct and the State Treasurer shall | ||||||
11 | transfer up to a total of $10,000,000 from the Insurance | ||||||
12 | Producer Administration Fund to the Illinois Health Benefits | ||||||
13 | Exchange Fund. | ||||||
14 | (b) During fiscal year 2025 only, at the direction of and | ||||||
15 | upon notification from the Director of Insurance, the State | ||||||
16 | Comptroller shall direct and the State Treasurer shall | ||||||
17 | transfer up to a total of $15,500,000 from the Insurance | ||||||
18 | Producer Administration Fund to the Illinois Health Benefits | ||||||
19 | Exchange Fund. | ||||||
20 | (c) This Section is repealed on January 1, 2026 2025 . | ||||||
21 | (Source: P.A. 103-8, eff. 6-7-23.) | ||||||
22 | Section 5-72. The African-American HIV/AIDS Response Act | ||||||
23 | is amended by changing Section 27 as follows: |
| |||||||
| |||||||
1 | (410 ILCS 303/27) | ||||||
2 | Sec. 27. African-American HIV/AIDS Response Fund. | ||||||
3 | (a) The African-American HIV/AIDS Response Fund is created | ||||||
4 | as a special fund in the State treasury. Moneys deposited into | ||||||
5 | the Fund shall, subject to appropriation, be used for grants | ||||||
6 | for programs to prevent the transmission of HIV and other | ||||||
7 | programs and activities consistent with the purposes of this | ||||||
8 | Act, including, but not limited to, preventing and treating | ||||||
9 | HIV/AIDS, the creation of an HIV/AIDS service delivery system, | ||||||
10 | and the administration of the Act. The grants under this | ||||||
11 | Section may be administered by a lead agent selected by the | ||||||
12 | Department of Public Health, considering the entity's ability | ||||||
13 | to administer grants and familiarity with the grantees' | ||||||
14 | programs, and that selection shall be exempt from the public | ||||||
15 | notice of funding opportunity under the Grant Accountability | ||||||
16 | and Transparency Act or any rule regarding the public notice | ||||||
17 | of funding opportunity adopted under that Act. The lead agent | ||||||
18 | must demonstrate the ability to administer the grant to | ||||||
19 | subgrantees in compliance with the requirements of the Grant | ||||||
20 | Accountability and Transparency Act. Moneys for the Fund shall | ||||||
21 | come from appropriations by the General Assembly, federal | ||||||
22 | funds, and other public resources. | ||||||
23 | (b) The Fund shall provide resources for communities in | ||||||
24 | Illinois to create an HIV/AIDS service delivery system that | ||||||
25 | reduces the disparity of HIV infection and AIDS cases between |
| |||||||
| |||||||
1 | African-Americans and other population groups in Illinois that | ||||||
2 | may be impacted by the disease by, including but, not limited | ||||||
3 | to: | ||||||
4 | (1) developing, implementing, and maintaining a | ||||||
5 | comprehensive, culturally sensitive HIV Prevention Plan | ||||||
6 | targeting communities that are identified as high-risk in | ||||||
7 | terms of the impact of the disease on African-Americans; | ||||||
8 | (2) developing, implementing, and maintaining a stable | ||||||
9 | HIV/AIDS service delivery infrastructure in Illinois | ||||||
10 | communities that will meet the needs of African-Americans; | ||||||
11 | (3) developing, implementing, and maintaining a | ||||||
12 | statewide HIV/AIDS testing program; | ||||||
13 | (4) providing funding for HIV/AIDS social and | ||||||
14 | scientific research to improve prevention and treatment; | ||||||
15 | (5) providing comprehensive technical and other | ||||||
16 | assistance to African-American community service | ||||||
17 | organizations that are involved in HIV/AIDS prevention and | ||||||
18 | treatment; | ||||||
19 | (6) developing, implementing, and maintaining an | ||||||
20 | infrastructure for African-American community service | ||||||
21 | organizations to make them less dependent on government | ||||||
22 | resources; | ||||||
23 | (7) (blank); and | ||||||
24 | (8) creating, maintaining, or creating and maintaining | ||||||
25 | at least one Black-led Center of Excellence HIV Biomedical | ||||||
26 | Resource Hub for every $3,000,000 of available funding to |
| |||||||
| |||||||
1 | improve Black health and eliminate Black HIV-related | ||||||
2 | health disparities; a Center of Excellence may be | ||||||
3 | developed on a stand-alone or a collaborative basis and | ||||||
4 | may provide regional comprehensive HIV preventative care | ||||||
5 | and essential support services, which may include, but are | ||||||
6 | not limited to, PrEP assessment, same day prescription | ||||||
7 | delivery, primary HIV medical care or referral, case | ||||||
8 | management, outpatient mental health, outpatient substance | ||||||
9 | abuse, treatment, medication adherence, nutritional | ||||||
10 | supplemental support, housing, financial assistance, | ||||||
11 | workforce development, criminal justice involvement, and | ||||||
12 | advocacy services. | ||||||
13 | (c) When providing grants pursuant to this Fund, the | ||||||
14 | Department of Public Health shall give priority to the | ||||||
15 | development of comprehensive medical and social services to | ||||||
16 | African-Americans at risk of infection from or infected with | ||||||
17 | HIV/AIDS in areas of the State determined to have the greatest | ||||||
18 | geographic prevalence of HIV/AIDS in the African-American | ||||||
19 | population. | ||||||
20 | (d) (Blank). | ||||||
21 | (Source: P.A. 102-1052, eff. 1-1-23 .) | ||||||
22 | Section 5-75. The Environmental Protection Act is amended | ||||||
23 | by changing Sections 22.15, 55.6, and 57.11 as follows: | ||||||
24 | (415 ILCS 5/22.15) |
| |||||||
| |||||||
1 | Sec. 22.15. Solid Waste Management Fund; fees. | ||||||
2 | (a) There is hereby created within the State Treasury a | ||||||
3 | special fund to be known as the Solid Waste Management Fund, to | ||||||
4 | be constituted from the fees collected by the State pursuant | ||||||
5 | to this Section, from repayments of loans made from the Fund | ||||||
6 | for solid waste projects, from registration fees collected | ||||||
7 | pursuant to the Consumer Electronics Recycling Act, from fees | ||||||
8 | collected under the Paint Stewardship Act, and from amounts | ||||||
9 | transferred into the Fund pursuant to Public Act 100-433. | ||||||
10 | Moneys received by either the Agency or the Department of | ||||||
11 | Commerce and Economic Opportunity in repayment of loans made | ||||||
12 | pursuant to the Illinois Solid Waste Management Act shall be | ||||||
13 | deposited into the General Revenue Fund. | ||||||
14 | (b) The Agency shall assess and collect a fee in the amount | ||||||
15 | set forth herein from the owner or operator of each sanitary | ||||||
16 | landfill permitted or required to be permitted by the Agency | ||||||
17 | to dispose of solid waste if the sanitary landfill is located | ||||||
18 | off the site where such waste was produced and if such sanitary | ||||||
19 | landfill is owned, controlled, and operated by a person other | ||||||
20 | than the generator of such waste. The Agency shall deposit all | ||||||
21 | fees collected into the Solid Waste Management Fund. If a site | ||||||
22 | is contiguous to one or more landfills owned or operated by the | ||||||
23 | same person, the volumes permanently disposed of by each | ||||||
24 | landfill shall be combined for purposes of determining the fee | ||||||
25 | under this subsection. Beginning on July 1, 2018, and on the | ||||||
26 | first day of each month thereafter during fiscal years 2019 |
| |||||||
| |||||||
1 | through 2025 2024 , the State Comptroller shall direct and | ||||||
2 | State Treasurer shall transfer an amount equal to 1/12 of | ||||||
3 | $5,000,000 per fiscal year from the Solid Waste Management | ||||||
4 | Fund to the General Revenue Fund. | ||||||
5 | (1) If more than 150,000 cubic yards of non-hazardous | ||||||
6 | solid waste is permanently disposed of at a site in a | ||||||
7 | calendar year, the owner or operator shall either pay a | ||||||
8 | fee of 95 cents per cubic yard or, alternatively, the | ||||||
9 | owner or operator may weigh the quantity of the solid | ||||||
10 | waste permanently disposed of with a device for which | ||||||
11 | certification has been obtained under the Weights and | ||||||
12 | Measures Act and pay a fee of $2.00 per ton of solid waste | ||||||
13 | permanently disposed of. In no case shall the fee | ||||||
14 | collected or paid by the owner or operator under this | ||||||
15 | paragraph exceed $1.55 per cubic yard or $3.27 per ton. | ||||||
16 | (2) If more than 100,000 cubic yards but not more than | ||||||
17 | 150,000 cubic yards of non-hazardous waste is permanently | ||||||
18 | disposed of at a site in a calendar year, the owner or | ||||||
19 | operator shall pay a fee of $52,630. | ||||||
20 | (3) If more than 50,000 cubic yards but not more than | ||||||
21 | 100,000 cubic yards of non-hazardous solid waste is | ||||||
22 | permanently disposed of at a site in a calendar year, the | ||||||
23 | owner or operator shall pay a fee of $23,790. | ||||||
24 | (4) If more than 10,000 cubic yards but not more than | ||||||
25 | 50,000 cubic yards of non-hazardous solid waste is | ||||||
26 | permanently disposed of at a site in a calendar year, the |
| |||||||
| |||||||
1 | owner or operator shall pay a fee of $7,260. | ||||||
2 | (5) If not more than 10,000 cubic yards of | ||||||
3 | non-hazardous solid waste is permanently disposed of at a | ||||||
4 | site in a calendar year, the owner or operator shall pay a | ||||||
5 | fee of $1050. | ||||||
6 | (c) (Blank). | ||||||
7 | (d) The Agency shall establish rules relating to the | ||||||
8 | collection of the fees authorized by this Section. Such rules | ||||||
9 | shall include, but not be limited to: | ||||||
10 | (1) necessary records identifying the quantities of | ||||||
11 | solid waste received or disposed; | ||||||
12 | (2) the form and submission of reports to accompany | ||||||
13 | the payment of fees to the Agency; | ||||||
14 | (3) the time and manner of payment of fees to the | ||||||
15 | Agency, which payments shall not be more often than | ||||||
16 | quarterly; and | ||||||
17 | (4) procedures setting forth criteria establishing | ||||||
18 | when an owner or operator may measure by weight or volume | ||||||
19 | during any given quarter or other fee payment period. | ||||||
20 | (e) Pursuant to appropriation, all monies in the Solid | ||||||
21 | Waste Management Fund shall be used by the Agency for the | ||||||
22 | purposes set forth in this Section and in the Illinois Solid | ||||||
23 | Waste Management Act, including for the costs of fee | ||||||
24 | collection and administration, for administration of the Paint | ||||||
25 | Stewardship Act, and for the administration of the Consumer | ||||||
26 | Electronics Recycling Act, the Drug Take-Back Act, and the |
| |||||||
| |||||||
1 | Statewide Recycling Needs Assessment Act. | ||||||
2 | (f) The Agency is authorized to enter into such agreements | ||||||
3 | and to promulgate such rules as are necessary to carry out its | ||||||
4 | duties under this Section and the Illinois Solid Waste | ||||||
5 | Management Act. | ||||||
6 | (g) On the first day of January, April, July, and October | ||||||
7 | of each year, beginning on July 1, 1996, the State Comptroller | ||||||
8 | and Treasurer shall transfer $500,000 from the Solid Waste | ||||||
9 | Management Fund to the Hazardous Waste Fund. Moneys | ||||||
10 | transferred under this subsection (g) shall be used only for | ||||||
11 | the purposes set forth in item (1) of subsection (d) of Section | ||||||
12 | 22.2. | ||||||
13 | (h) The Agency is authorized to provide financial | ||||||
14 | assistance to units of local government for the performance of | ||||||
15 | inspecting, investigating, and enforcement activities pursuant | ||||||
16 | to subsection (r) of Section 4 at nonhazardous solid waste | ||||||
17 | disposal sites. | ||||||
18 | (i) The Agency is authorized to conduct household waste | ||||||
19 | collection and disposal programs. | ||||||
20 | (j) A unit of local government, as defined in the Local | ||||||
21 | Solid Waste Disposal Act, in which a solid waste disposal | ||||||
22 | facility is located may establish a fee, tax, or surcharge | ||||||
23 | with regard to the permanent disposal of solid waste. All | ||||||
24 | fees, taxes, and surcharges collected under this subsection | ||||||
25 | shall be utilized for solid waste management purposes, | ||||||
26 | including long-term monitoring and maintenance of landfills, |
| |||||||
| |||||||
1 | planning, implementation, inspection, enforcement and other | ||||||
2 | activities consistent with the Illinois Solid Waste Management | ||||||
3 | Act and the Local Solid Waste Disposal Act, or for any other | ||||||
4 | environment-related purpose, including, but not limited to, an | ||||||
5 | environment-related public works project, but not for the | ||||||
6 | construction of a new pollution control facility other than a | ||||||
7 | household hazardous waste facility. However, the total fee, | ||||||
8 | tax or surcharge imposed by all units of local government | ||||||
9 | under this subsection (j) upon the solid waste disposal | ||||||
10 | facility shall not exceed: | ||||||
11 | (1) 60¢ per cubic yard if more than 150,000 cubic | ||||||
12 | yards of non-hazardous solid waste is permanently disposed | ||||||
13 | of at the site in a calendar year, unless the owner or | ||||||
14 | operator weighs the quantity of the solid waste received | ||||||
15 | with a device for which certification has been obtained | ||||||
16 | under the Weights and Measures Act, in which case the fee | ||||||
17 | shall not exceed $1.27 per ton of solid waste permanently | ||||||
18 | disposed of. | ||||||
19 | (2) $33,350 if more than 100,000 cubic yards, but not | ||||||
20 | more than 150,000 cubic yards, of non-hazardous waste is | ||||||
21 | permanently disposed of at the site in a calendar year. | ||||||
22 | (3) $15,500 if more than 50,000 cubic yards, but not | ||||||
23 | more than 100,000 cubic yards, of non-hazardous solid | ||||||
24 | waste is permanently disposed of at the site in a calendar | ||||||
25 | year. | ||||||
26 | (4) $4,650 if more than 10,000 cubic yards, but not |
| |||||||
| |||||||
1 | more than 50,000 cubic yards, of non-hazardous solid waste | ||||||
2 | is permanently disposed of at the site in a calendar year. | ||||||
3 | (5) $650 if not more than 10,000 cubic yards of | ||||||
4 | non-hazardous solid waste is permanently disposed of at | ||||||
5 | the site in a calendar year. | ||||||
6 | The corporate authorities of the unit of local government | ||||||
7 | may use proceeds from the fee, tax, or surcharge to reimburse a | ||||||
8 | highway commissioner whose road district lies wholly or | ||||||
9 | partially within the corporate limits of the unit of local | ||||||
10 | government for expenses incurred in the removal of | ||||||
11 | nonhazardous, nonfluid municipal waste that has been dumped on | ||||||
12 | public property in violation of a State law or local | ||||||
13 | ordinance. | ||||||
14 | For the disposal of solid waste from general construction | ||||||
15 | or demolition debris recovery facilities as defined in | ||||||
16 | subsection (a-1) of Section 3.160, the total fee, tax, or | ||||||
17 | surcharge imposed by all units of local government under this | ||||||
18 | subsection (j) upon the solid waste disposal facility shall | ||||||
19 | not exceed 50% of the applicable amount set forth above. A unit | ||||||
20 | of local government, as defined in the Local Solid Waste | ||||||
21 | Disposal Act, in which a general construction or demolition | ||||||
22 | debris recovery facility is located may establish a fee, tax, | ||||||
23 | or surcharge on the general construction or demolition debris | ||||||
24 | recovery facility with regard to the permanent disposal of | ||||||
25 | solid waste by the general construction or demolition debris | ||||||
26 | recovery facility at a solid waste disposal facility, provided |
| |||||||
| |||||||
1 | that such fee, tax, or surcharge shall not exceed 50% of the | ||||||
2 | applicable amount set forth above, based on the total amount | ||||||
3 | of solid waste transported from the general construction or | ||||||
4 | demolition debris recovery facility for disposal at solid | ||||||
5 | waste disposal facilities, and the unit of local government | ||||||
6 | and fee shall be subject to all other requirements of this | ||||||
7 | subsection (j). | ||||||
8 | A county or Municipal Joint Action Agency that imposes a | ||||||
9 | fee, tax, or surcharge under this subsection may use the | ||||||
10 | proceeds thereof to reimburse a municipality that lies wholly | ||||||
11 | or partially within its boundaries for expenses incurred in | ||||||
12 | the removal of nonhazardous, nonfluid municipal waste that has | ||||||
13 | been dumped on public property in violation of a State law or | ||||||
14 | local ordinance. | ||||||
15 | If the fees are to be used to conduct a local sanitary | ||||||
16 | landfill inspection or enforcement program, the unit of local | ||||||
17 | government must enter into a written delegation agreement with | ||||||
18 | the Agency pursuant to subsection (r) of Section 4. The unit of | ||||||
19 | local government and the Agency shall enter into such a | ||||||
20 | written delegation agreement within 60 days after the | ||||||
21 | establishment of such fees. At least annually, the Agency | ||||||
22 | shall conduct an audit of the expenditures made by units of | ||||||
23 | local government from the funds granted by the Agency to the | ||||||
24 | units of local government for purposes of local sanitary | ||||||
25 | landfill inspection and enforcement programs, to ensure that | ||||||
26 | the funds have been expended for the prescribed purposes under |
| |||||||
| |||||||
1 | the grant. | ||||||
2 | The fees, taxes or surcharges collected under this | ||||||
3 | subsection (j) shall be placed by the unit of local government | ||||||
4 | in a separate fund, and the interest received on the moneys in | ||||||
5 | the fund shall be credited to the fund. The monies in the fund | ||||||
6 | may be accumulated over a period of years to be expended in | ||||||
7 | accordance with this subsection. | ||||||
8 | A unit of local government, as defined in the Local Solid | ||||||
9 | Waste Disposal Act, shall prepare and post on its website, in | ||||||
10 | April of each year, a report that details spending plans for | ||||||
11 | monies collected in accordance with this subsection. The | ||||||
12 | report will at a minimum include the following: | ||||||
13 | (1) The total monies collected pursuant to this | ||||||
14 | subsection. | ||||||
15 | (2) The most current balance of monies collected | ||||||
16 | pursuant to this subsection. | ||||||
17 | (3) An itemized accounting of all monies expended for | ||||||
18 | the previous year pursuant to this subsection. | ||||||
19 | (4) An estimation of monies to be collected for the | ||||||
20 | following 3 years pursuant to this subsection. | ||||||
21 | (5) A narrative detailing the general direction and | ||||||
22 | scope of future expenditures for one, 2 and 3 years. | ||||||
23 | The exemptions granted under Sections 22.16 and 22.16a, | ||||||
24 | and under subsection (k) of this Section, shall be applicable | ||||||
25 | to any fee, tax or surcharge imposed under this subsection | ||||||
26 | (j); except that the fee, tax or surcharge authorized to be |
| |||||||
| |||||||
1 | imposed under this subsection (j) may be made applicable by a | ||||||
2 | unit of local government to the permanent disposal of solid | ||||||
3 | waste after December 31, 1986, under any contract lawfully | ||||||
4 | executed before June 1, 1986 under which more than 150,000 | ||||||
5 | cubic yards (or 50,000 tons) of solid waste is to be | ||||||
6 | permanently disposed of, even though the waste is exempt from | ||||||
7 | the fee imposed by the State under subsection (b) of this | ||||||
8 | Section pursuant to an exemption granted under Section 22.16. | ||||||
9 | (k) In accordance with the findings and purposes of the | ||||||
10 | Illinois Solid Waste Management Act, beginning January 1, 1989 | ||||||
11 | the fee under subsection (b) and the fee, tax or surcharge | ||||||
12 | under subsection (j) shall not apply to: | ||||||
13 | (1) waste which is hazardous waste; | ||||||
14 | (2) waste which is pollution control waste; | ||||||
15 | (3) waste from recycling, reclamation or reuse | ||||||
16 | processes which have been approved by the Agency as being | ||||||
17 | designed to remove any contaminant from wastes so as to | ||||||
18 | render such wastes reusable, provided that the process | ||||||
19 | renders at least 50% of the waste reusable; the exemption | ||||||
20 | set forth in this paragraph (3) of this subsection (k) | ||||||
21 | shall not apply to general construction or demolition | ||||||
22 | debris recovery facilities as defined in subsection (a-1) | ||||||
23 | of Section 3.160; | ||||||
24 | (4) non-hazardous solid waste that is received at a | ||||||
25 | sanitary landfill and composted or recycled through a | ||||||
26 | process permitted by the Agency; or |
| |||||||
| |||||||
1 | (5) any landfill which is permitted by the Agency to | ||||||
2 | receive only demolition or construction debris or | ||||||
3 | landscape waste. | ||||||
4 | (Source: P.A. 102-16, eff. 6-17-21; 102-310, eff. 8-6-21; | ||||||
5 | 102-444, eff. 8-20-21; 102-699, eff. 4-19-22; 102-813, eff. | ||||||
6 | 5-13-22; 102-1055, eff. 6-10-22; 103-8, eff. 6-7-23; 103-154, | ||||||
7 | eff. 6-30-23; 103-372, eff. 1-1-24; 103-383, eff. 7-28-23; | ||||||
8 | revised 12-15-23.) | ||||||
9 | (415 ILCS 5/55.6) (from Ch. 111 1/2, par. 1055.6) | ||||||
10 | Sec. 55.6. Used Tire Management Fund. | ||||||
11 | (a) There is hereby created in the State Treasury a | ||||||
12 | special fund to be known as the Used Tire Management Fund. | ||||||
13 | There shall be deposited into the Fund all monies received as | ||||||
14 | (1) recovered costs or proceeds from the sale of used tires | ||||||
15 | under Section 55.3 of this Act, (2) repayment of loans from the | ||||||
16 | Used Tire Management Fund, or (3) penalties or punitive | ||||||
17 | damages for violations of this Title, except as provided by | ||||||
18 | subdivision (b)(4) or (b)(4-5) of Section 42. | ||||||
19 | (b) Beginning January 1, 1992, in addition to any other | ||||||
20 | fees required by law, the owner or operator of each site | ||||||
21 | required to be registered or permitted under subsection (d) or | ||||||
22 | (d-5) of Section 55 shall pay to the Agency an annual fee of | ||||||
23 | $100. Fees collected under this subsection shall be deposited | ||||||
24 | into the Environmental Protection Permit and Inspection Fund. | ||||||
25 | (c) Pursuant to appropriation, moneys up to an amount of |
| |||||||
| |||||||
1 | $4 million per fiscal year from the Used Tire Management Fund | ||||||
2 | shall be allocated as follows: | ||||||
3 | (1) 38% shall be available to the Agency for the | ||||||
4 | following purposes, provided that priority shall be given | ||||||
5 | to item (i): | ||||||
6 | (i) To undertake preventive, corrective or removal | ||||||
7 | action as authorized by and in accordance with Section | ||||||
8 | 55.3, and to recover costs in accordance with Section | ||||||
9 | 55.3. | ||||||
10 | (ii) For the performance of inspection and | ||||||
11 | enforcement activities for used and waste tire sites. | ||||||
12 | (iii) (Blank). | ||||||
13 | (iv) To provide financial assistance to units of | ||||||
14 | local government for the performance of inspecting, | ||||||
15 | investigating and enforcement activities pursuant to | ||||||
16 | subsection (r) of Section 4 at used and waste tire | ||||||
17 | sites. | ||||||
18 | (v) To provide financial assistance for used and | ||||||
19 | waste tire collection projects sponsored by local | ||||||
20 | government or not-for-profit corporations. | ||||||
21 | (vi) For the costs of fee collection and | ||||||
22 | administration relating to used and waste tires, and | ||||||
23 | to accomplish such other purposes as are authorized by | ||||||
24 | this Act and regulations thereunder. | ||||||
25 | (vii) To provide financial assistance to units of | ||||||
26 | local government and private industry for the purposes |
| |||||||
| |||||||
1 | of: | ||||||
2 | (A) assisting in the establishment of | ||||||
3 | facilities and programs to collect, process, and | ||||||
4 | utilize used and waste tires and tire-derived | ||||||
5 | materials; | ||||||
6 | (B) demonstrating the feasibility of | ||||||
7 | innovative technologies as a means of collecting, | ||||||
8 | storing, processing, and utilizing used and waste | ||||||
9 | tires and tire-derived materials; and | ||||||
10 | (C) applying demonstrated technologies as a | ||||||
11 | means of collecting, storing, processing, and | ||||||
12 | utilizing used and waste tires and tire-derived | ||||||
13 | materials. | ||||||
14 | (2) (Blank). | ||||||
15 | (2.1) For the fiscal year beginning July 1, 2004 and | ||||||
16 | for all fiscal years thereafter, 23% shall be deposited | ||||||
17 | into the General Revenue Fund. Prior to the fiscal year | ||||||
18 | beginning July 1, 2023, such transfers are at the | ||||||
19 | direction of the Department of Revenue, and shall be made | ||||||
20 | within 30 days after the end of each quarter. Beginning | ||||||
21 | with the fiscal year beginning July 1, 2023, such | ||||||
22 | transfers are at the direction of the Agency and shall be | ||||||
23 | made within 30 days after the end of each quarter. | ||||||
24 | (3) 25% shall be available to the Illinois Department | ||||||
25 | of Public Health for the following purposes: | ||||||
26 | (A) To investigate threats or potential threats to |
| |||||||
| |||||||
1 | the public health related to mosquitoes and other | ||||||
2 | vectors of disease associated with the improper | ||||||
3 | storage, handling and disposal of tires, improper | ||||||
4 | waste disposal, or natural conditions. | ||||||
5 | (B) To conduct surveillance and monitoring | ||||||
6 | activities for mosquitoes and other arthropod vectors | ||||||
7 | of disease, and surveillance of animals which provide | ||||||
8 | a reservoir for disease-producing organisms. | ||||||
9 | (C) To conduct training activities to promote | ||||||
10 | vector control programs and integrated pest management | ||||||
11 | as defined in the Vector Control Act. | ||||||
12 | (D) To respond to inquiries, investigate | ||||||
13 | complaints, conduct evaluations and provide technical | ||||||
14 | consultation to help reduce or eliminate public health | ||||||
15 | hazards and nuisance conditions associated with | ||||||
16 | mosquitoes and other vectors. | ||||||
17 | (E) To provide financial assistance to units of | ||||||
18 | local government for training, investigation and | ||||||
19 | response to public nuisances associated with | ||||||
20 | mosquitoes and other vectors of disease. | ||||||
21 | (4) 2% shall be available to the Department of | ||||||
22 | Agriculture for its activities under the Illinois | ||||||
23 | Pesticide Act relating to used and waste tires. | ||||||
24 | (5) 2% shall be available to the Pollution Control | ||||||
25 | Board for administration of its activities relating to | ||||||
26 | used and waste tires. |
| |||||||
| |||||||
1 | (6) 10% shall be available to the University of | ||||||
2 | Illinois for the Prairie Research Institute to perform | ||||||
3 | research to study the biology, distribution, population | ||||||
4 | ecology, and biosystematics of tire-breeding arthropods, | ||||||
5 | especially mosquitoes, and the diseases they spread. | ||||||
6 | (d) By January 1, 1998, and biennially thereafter, each | ||||||
7 | State agency receiving an appropriation from the Used Tire | ||||||
8 | Management Fund shall report to the Governor and the General | ||||||
9 | Assembly on its activities relating to the Fund. | ||||||
10 | (e) Any monies appropriated from the Used Tire Management | ||||||
11 | Fund, but not obligated, shall revert to the Fund. | ||||||
12 | (f) In administering the provisions of subdivisions (1), | ||||||
13 | (2) and (3) of subsection (c) of this Section, the Agency, the | ||||||
14 | Department of Commerce and Economic Opportunity, and the | ||||||
15 | Illinois Department of Public Health shall ensure that | ||||||
16 | appropriate funding assistance is provided to any municipality | ||||||
17 | with a population over 1,000,000 or to any sanitary district | ||||||
18 | which serves a population over 1,000,000. | ||||||
19 | (g) Pursuant to appropriation, monies in excess of $4 | ||||||
20 | million per fiscal year from the Used Tire Management Fund | ||||||
21 | shall be used as follows: | ||||||
22 | (1) 55% shall be available to the Agency and, in State | ||||||
23 | fiscal year 2025 only, the Department of Commerce and | ||||||
24 | Economic Opportunity for the following purposes, provided | ||||||
25 | that priority shall be given to subparagraph (A): | ||||||
26 | (A) To undertake preventive, corrective or renewed |
| |||||||
| |||||||
1 | action as authorized by and in accordance with Section | ||||||
2 | 55.3 and to recover costs in accordance with Section | ||||||
3 | 55.3. | ||||||
4 | (B) To provide financial assistance to units of | ||||||
5 | local government and private industry for the purposes | ||||||
6 | of: | ||||||
7 | (i) assisting in the establishment of | ||||||
8 | facilities and programs to collect, process, and | ||||||
9 | utilize used and waste tires and tire-derived | ||||||
10 | materials; | ||||||
11 | (ii) demonstrating the feasibility of | ||||||
12 | innovative technologies as a means of collecting, | ||||||
13 | storing, processing, and utilizing used and waste | ||||||
14 | tires and tire-derived materials; and | ||||||
15 | (iii) applying demonstrated technologies as a | ||||||
16 | means of collecting, storing, processing, and | ||||||
17 | utilizing used and waste tires and tire-derived | ||||||
18 | materials. | ||||||
19 | (C) To provide grants to public universities and | ||||||
20 | private industry for research and development related | ||||||
21 | to reducing the toxicity of tires and tire materials, | ||||||
22 | vector-related research, disease-related research, and | ||||||
23 | for related laboratory-based equipment and field-based | ||||||
24 | equipment. | ||||||
25 | (2) (Blank). | ||||||
26 | (3) For the fiscal year beginning July 1, 2004 and for |
| |||||||
| |||||||
1 | all fiscal years thereafter, 45% shall be deposited into | ||||||
2 | the General Revenue Fund. Prior to the fiscal year | ||||||
3 | beginning July 1, 2023, such transfers are at the | ||||||
4 | direction of the Department of Revenue, and shall be made | ||||||
5 | within 30 days after the end of each quarter. Beginning | ||||||
6 | with the fiscal year beginning July 1, 2023, such | ||||||
7 | transfers are at the direction of the Agency and shall be | ||||||
8 | made within 30 days after the end of each quarter. | ||||||
9 | (Source: P.A. 103-363, eff. 7-28-23.) | ||||||
10 | (415 ILCS 5/57.11) | ||||||
11 | Sec. 57.11. Underground Storage Tank Fund; creation. | ||||||
12 | (a) There is hereby created in the State Treasury a | ||||||
13 | special fund to be known as the Underground Storage Tank Fund. | ||||||
14 | There shall be deposited into the Underground Storage Tank | ||||||
15 | Fund all moneys received by the Office of the State Fire | ||||||
16 | Marshal as fees for underground storage tanks under Sections 4 | ||||||
17 | and 5 of the Gasoline Storage Act, fees pursuant to the Motor | ||||||
18 | Fuel Tax Law, and beginning July 1, 2013, payments pursuant to | ||||||
19 | the Use Tax Act, the Service Use Tax Act, the Service | ||||||
20 | Occupation Tax Act, and the Retailers' Occupation Tax Act. All | ||||||
21 | amounts held in the Underground Storage Tank Fund shall be | ||||||
22 | invested at interest by the State Treasurer. All income earned | ||||||
23 | from the investments shall be deposited into the Underground | ||||||
24 | Storage Tank Fund no less frequently than quarterly. In | ||||||
25 | addition to any other transfers that may be provided for by |
| |||||||
| |||||||
1 | law, beginning on July 1, 2018 and on the first day of each | ||||||
2 | month thereafter during fiscal years 2019 through 2025 2024 | ||||||
3 | only, the State Comptroller shall direct and the State | ||||||
4 | Treasurer shall transfer an amount equal to 1/12 of | ||||||
5 | $10,000,000 from the Underground Storage Tank Fund to the | ||||||
6 | General Revenue Fund. Moneys in the Underground Storage Tank | ||||||
7 | Fund, pursuant to appropriation, may be used by the Agency and | ||||||
8 | the Office of the State Fire Marshal for the following | ||||||
9 | purposes: | ||||||
10 | (1) To take action authorized under Section 57.12 to | ||||||
11 | recover costs under Section 57.12. | ||||||
12 | (2) To assist in the reduction and mitigation of | ||||||
13 | damage caused by leaks from underground storage tanks, | ||||||
14 | including but not limited to, providing alternative water | ||||||
15 | supplies to persons whose drinking water has become | ||||||
16 | contaminated as a result of those leaks. | ||||||
17 | (3) To be used as a matching amount towards federal | ||||||
18 | assistance relative to the release of petroleum from | ||||||
19 | underground storage tanks. | ||||||
20 | (4) For the costs of administering activities of the | ||||||
21 | Agency and the Office of the State Fire Marshal relative | ||||||
22 | to the Underground Storage Tank Fund. | ||||||
23 | (5) For payment of costs of corrective action incurred | ||||||
24 | by and indemnification to operators of underground storage | ||||||
25 | tanks as provided in this Title. | ||||||
26 | (6) For a total of 2 demonstration projects in amounts |
| |||||||
| |||||||
1 | in excess of a $10,000 deductible charge designed to | ||||||
2 | assess the viability of corrective action projects at | ||||||
3 | sites which have experienced contamination from petroleum | ||||||
4 | releases. Such demonstration projects shall be conducted | ||||||
5 | in accordance with the provision of this Title. | ||||||
6 | (7) Subject to appropriation, moneys in the | ||||||
7 | Underground Storage Tank Fund may also be used by the | ||||||
8 | Department of Revenue for the costs of administering its | ||||||
9 | activities relative to the Fund and for refunds provided | ||||||
10 | for in Section 13a.8 of the Motor Fuel Tax Law. | ||||||
11 | (b) Moneys in the Underground Storage Tank Fund may, | ||||||
12 | pursuant to appropriation, be used by the Office of the State | ||||||
13 | Fire Marshal or the Agency to take whatever emergency action | ||||||
14 | is necessary or appropriate to assure that the public health | ||||||
15 | or safety is not threatened whenever there is a release or | ||||||
16 | substantial threat of a release of petroleum from an | ||||||
17 | underground storage tank and for the costs of administering | ||||||
18 | its activities relative to the Underground Storage Tank Fund. | ||||||
19 | (c) Beginning July 1, 1993, the Governor shall certify to | ||||||
20 | the State Comptroller and State Treasurer the monthly amount | ||||||
21 | necessary to pay debt service on State obligations issued | ||||||
22 | pursuant to Section 6 of the General Obligation Bond Act. On | ||||||
23 | the last day of each month, the Comptroller shall order | ||||||
24 | transferred and the Treasurer shall transfer from the | ||||||
25 | Underground Storage Tank Fund to the General Obligation Bond | ||||||
26 | Retirement and Interest Fund the amount certified by the |
| |||||||
| |||||||
1 | Governor, plus any cumulative deficiency in those transfers | ||||||
2 | for prior months. | ||||||
3 | (d) Except as provided in subsection (c) of this Section, | ||||||
4 | the Underground Storage Tank Fund is not subject to | ||||||
5 | administrative charges authorized under Section 8h of the | ||||||
6 | State Finance Act that would in any way transfer any funds from | ||||||
7 | the Underground Storage Tank Fund into any other fund of the | ||||||
8 | State. | ||||||
9 | (e) Each fiscal year, subject to appropriation, the Agency | ||||||
10 | may commit up to $10,000,000 of the moneys in the Underground | ||||||
11 | Storage Tank Fund to the payment of corrective action costs | ||||||
12 | for legacy sites that meet one or more of the following | ||||||
13 | criteria as a result of the underground storage tank release: | ||||||
14 | (i) the presence of free product, (ii) contamination within a | ||||||
15 | regulated recharge area, a wellhead protection area, or the | ||||||
16 | setback zone of a potable water supply well, (iii) | ||||||
17 | contamination extending beyond the boundaries of the site | ||||||
18 | where the release occurred, or (iv) such other criteria as may | ||||||
19 | be adopted in Agency rules. | ||||||
20 | (1) Fund moneys committed under this subsection (e) | ||||||
21 | shall be held in the Fund for payment of the corrective | ||||||
22 | action costs for which the moneys were committed. | ||||||
23 | (2) The Agency may adopt rules governing the | ||||||
24 | commitment of Fund moneys under this subsection (e). | ||||||
25 | (3) This subsection (e) does not limit the use of Fund | ||||||
26 | moneys at legacy sites as otherwise provided under this |
| |||||||
| |||||||
1 | Title. | ||||||
2 | (4) For the purposes of this subsection (e), the term | ||||||
3 | "legacy site" means a site for which (i) an underground | ||||||
4 | storage tank release was reported prior to January 1, | ||||||
5 | 2005, (ii) the owner or operator has been determined | ||||||
6 | eligible to receive payment from the Fund for corrective | ||||||
7 | action costs, and (iii) the Agency did not receive any | ||||||
8 | applications for payment prior to January 1, 2010. | ||||||
9 | (f) Beginning July 1, 2013, if the amounts deposited into | ||||||
10 | the Fund from moneys received by the Office of the State Fire | ||||||
11 | Marshal as fees for underground storage tanks under Sections 4 | ||||||
12 | and 5 of the Gasoline Storage Act and as fees pursuant to the | ||||||
13 | Motor Fuel Tax Law during a State fiscal year are sufficient to | ||||||
14 | pay all claims for payment by the fund received during that | ||||||
15 | State fiscal year, then the amount of any payments into the | ||||||
16 | fund pursuant to the Use Tax Act, the Service Use Tax Act, the | ||||||
17 | Service Occupation Tax Act, and the Retailers' Occupation Tax | ||||||
18 | Act during that State fiscal year shall be deposited as | ||||||
19 | follows: 75% thereof shall be paid into the State treasury and | ||||||
20 | 25% shall be reserved in a special account and used only for | ||||||
21 | the transfer to the Common School Fund as part of the monthly | ||||||
22 | transfer from the General Revenue Fund in accordance with | ||||||
23 | Section 8a of the State Finance Act. | ||||||
24 | (Source: P.A. 102-16, eff. 6-17-21; 102-699, eff. 4-19-22; | ||||||
25 | 103-8, eff. 6-7-23.) |
| |||||||
| |||||||
1 | Section 5-78. 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 years year 2023 through and fiscal year 2025 2024 , any | ||||||
21 | grant under this Act to a local government shall be | ||||||
22 | conditioned upon the state providing assistance on a 50/50 | ||||||
23 | matching basis for the acquisition of open space lands and for | ||||||
24 | capital development and improvement proposals. However, a | ||||||
25 | local government defined as "distressed" under criteria |
| |||||||
| |||||||
1 | adopted by the Department through administrative rule shall be | ||||||
2 | eligible for assistance up to 90% for the acquisition of open | ||||||
3 | space lands and for capital development and improvement | ||||||
4 | proposals, provided that no more than 10% of the amount | ||||||
5 | appropriated under this Act in any fiscal year is made | ||||||
6 | available as grants to distressed local governments. For | ||||||
7 | grants awarded from new appropriations in fiscal years year | ||||||
8 | 2023 through and fiscal year 2025 2024 only, a local | ||||||
9 | government defined as "distressed" is eligible for assistance | ||||||
10 | up to 100% for the acquisition of open space lands and for | ||||||
11 | capital development and improvement proposals. The Department | ||||||
12 | may make more than 10% of the amount appropriated in fiscal | ||||||
13 | years year 2023 through and fiscal year 2025 2024 available as | ||||||
14 | grants to distressed local governments. | ||||||
15 | An advance payment of a minimum of 50% of any grant made to | ||||||
16 | a unit of local government under this Act must be paid to the | ||||||
17 | unit of local government at the time the Department awards the | ||||||
18 | grant. A unit of local government may opt out of the advanced | ||||||
19 | payment option at the time of the award of the grant. The | ||||||
20 | remainder of the grant shall be distributed to the local | ||||||
21 | government quarterly on a reimbursement basis. The Department | ||||||
22 | shall consider an applicant's request for an extension to a | ||||||
23 | grant under this Act if (i) the advanced payment is expended or | ||||||
24 | legally obligated within the 2 years required by Section 5 of | ||||||
25 | the Illinois Grant Funds Recovery Act or (ii) no advanced | ||||||
26 | payment was made. |
| |||||||
| |||||||
1 | (Source: P.A. 102-200, eff. 7-30-21; 102-699, eff. 4-19-22; | ||||||
2 | 103-8, eff. 6-7-23.) | ||||||
3 | Section 5-80. The Illinois Aeronautics Act is amended by | ||||||
4 | changing Section 40 as follows: | ||||||
5 | (620 ILCS 5/40) (from Ch. 15 1/2, par. 22.40) | ||||||
6 | Sec. 40. Disposition of federal funds. All monies accepted | ||||||
7 | for disbursement by the Department pursuant to Section 38 | ||||||
8 | shall be deposited into the Federal/State/Local Airport Fund, | ||||||
9 | which is established as a federal trust fund in the State | ||||||
10 | treasury to be held by with the State Treasurer as ex officio | ||||||
11 | ex-officio custodian . Moneys in the Federal/State/Local | ||||||
12 | Airport Fund and shall be disbursed upon a voucher or order of | ||||||
13 | Secretary of Transportation and paid by a warrant drawn by the | ||||||
14 | State Comptroller and countersigned by the State Treasurer. | ||||||
15 | All such monies are to be expended in accordance with Federal | ||||||
16 | laws and rules and regulations thereunder and with this Act. | ||||||
17 | The Department is authorized, whether acting for this State or | ||||||
18 | as the agent of any of its municipalities or other political | ||||||
19 | subdivision, or when requested by the United States Government | ||||||
20 | or any agency or department thereof, subject to section 41, | ||||||
21 | disburse such monies for the designated purposes, but this | ||||||
22 | shall not preclude any other authorized method of | ||||||
23 | disbursement. | ||||||
24 | (Source: P.A. 81-840.) |
| |||||||
| |||||||
1 | Section 5-85. The Violent Crime Witness Protection Act is | ||||||
2 | amended by changing Sections 5, 10, 15, and 20 as follows: | ||||||
3 | (725 ILCS 173/5) | ||||||
4 | Sec. 5. Definitions Definition . As used in this Act : , | ||||||
5 | "Local law enforcement agency" has the meaning given in | ||||||
6 | Section 2 of the Illinois Police Training Act. | ||||||
7 | " Violent violent crime" has the meaning given means a | ||||||
8 | violent crime as that term is defined in Section 3 of the | ||||||
9 | Rights of Crime Victims and Witnesses Act. | ||||||
10 | (Source: P.A. 102-756, eff. 5-10-22.) | ||||||
11 | (725 ILCS 173/10) | ||||||
12 | Sec. 10. Financial Assistance Program. The No later than | ||||||
13 | January 1, 2023, the Illinois Criminal Justice Information | ||||||
14 | Authority , in consultation with the Office of the Attorney | ||||||
15 | General, shall establish a program to provide financial | ||||||
16 | assistance to State's Attorney's offices and local law | ||||||
17 | enforcement agencies for the establishment and maintenance of | ||||||
18 | violent crime witness protection programs. Grantees shall use | ||||||
19 | funds to assist victims and witnesses who are actively aiding | ||||||
20 | in the prosecution of perpetrators of violent crime, and | ||||||
21 | appropriate related persons or victims and witnesses | ||||||
22 | determined by the Authority to be at risk of a discernible | ||||||
23 | threat of violent crime. The program shall be administered by |
| |||||||
| |||||||
1 | the Illinois Criminal Justice Information Authority. The | ||||||
2 | program shall offer, among other things, financial assistance, | ||||||
3 | including financial assistance on an emergency basis, that may | ||||||
4 | be provided upon application by a State's Attorney or the | ||||||
5 | Attorney General, or a chief executive of a police agency from | ||||||
6 | funds deposited in the Violent Crime Witness Protection | ||||||
7 | Program Fund and appropriated from that Fund for the purposes | ||||||
8 | of this Act. | ||||||
9 | (Source: P.A. 102-756, eff. 5-10-22.) | ||||||
10 | (725 ILCS 173/15) | ||||||
11 | Sec. 15. Funding. The Illinois Criminal Justice | ||||||
12 | Information Authority, in consultation with the Office of the | ||||||
13 | Attorney General, shall adopt rules for the implementation of | ||||||
14 | the Violent Crime Witness Protection Program. The Program | ||||||
15 | Assistance shall be subject to the following limitations: | ||||||
16 | (a) Grant funds may be used to reimburse grantees for | ||||||
17 | expenses associated with preexisting violent crime witness | ||||||
18 | protection programs, including, but not limited to, Funds | ||||||
19 | shall be limited to payment of the following: | ||||||
20 | (1) emergency or temporary living costs; | ||||||
21 | (2) moving expenses; | ||||||
22 | (3) rent; | ||||||
23 | (3.5) utilities; | ||||||
24 | (4) security deposits for rent and utilities; | ||||||
25 | (5) other appropriate expenses of relocation or |
| |||||||
| |||||||
1 | transition; | ||||||
2 | (6) mental health treatment; and | ||||||
3 | (7) lost wage assistance ; and | ||||||
4 | (8) administrative costs . | ||||||
5 | (b) Approval of applications made by State's Attorneys | ||||||
6 | shall be conditioned upon county funding for costs at a | ||||||
7 | level of at least 25%, unless this requirement is waived | ||||||
8 | by the administrator, in accordance with adopted rules, | ||||||
9 | for good cause shown. | ||||||
10 | (c) (Blank). Counties providing assistance consistent | ||||||
11 | with the limitations in this Act may apply for | ||||||
12 | reimbursement of up to 75% of their costs. | ||||||
13 | (d) No more than 50% of funding available in any given | ||||||
14 | fiscal year may be used for costs associated with any | ||||||
15 | single county. | ||||||
16 | (d-5) Grant funds Funds may also be requested by local | ||||||
17 | law enforcement agencies and, notwithstanding subsection | ||||||
18 | (a), used to establish local violent crime witness | ||||||
19 | protection programs. | ||||||
20 | (e) Before the Illinois Criminal Justice Information | ||||||
21 | Authority distributes moneys from the Violent Crime | ||||||
22 | Witness Protection Program Fund as provided in this | ||||||
23 | Section, it shall retain 5% of those moneys for | ||||||
24 | administrative purposes. | ||||||
25 | (f) (Blank). Direct reimbursement is allowed in whole | ||||||
26 | or in part. |
| |||||||
| |||||||
1 | (g) Implementation of the Violent Crime Witness | ||||||
2 | Protection Program is subject to appropriation contingent | ||||||
3 | upon and subject to there being made sufficient | ||||||
4 | appropriations for implementation of that program . | ||||||
5 | (Source: P.A. 102-756, eff. 5-10-22.) | ||||||
6 | (725 ILCS 173/20) | ||||||
7 | Sec. 20. Violent Crime Witness Protection Program Fund. | ||||||
8 | There is created in the State treasury the Violent Crime | ||||||
9 | Witness Protection Program Fund into which shall be deposited | ||||||
10 | appropriated funds, grants, or other funds made available to | ||||||
11 | the Illinois Criminal Justice Information Authority to assist | ||||||
12 | State's Attorneys and local law enforcement agencies the | ||||||
13 | Attorney General in protecting victims and witnesses who are | ||||||
14 | aiding in the prosecution of perpetrators of violent crime, | ||||||
15 | and appropriate related persons or victims and witnesses | ||||||
16 | determined by the Authority to be at risk of a discernible | ||||||
17 | threat of violent crime. | ||||||
18 | (Source: P.A. 102-756, eff. 5-10-22.) | ||||||
19 | Section 5-90. The Revised Uniform Unclaimed Property Act | ||||||
20 | is amended by changing Section 15-801 as follows: | ||||||
21 | (765 ILCS 1026/15-801) | ||||||
22 | Sec. 15-801. Deposit of funds by administrator. | ||||||
23 | (a) Except as otherwise provided in this Section, the |
| |||||||
| |||||||
1 | administrator shall deposit in the Unclaimed Property Trust | ||||||
2 | Fund all funds received under this Act, including proceeds | ||||||
3 | from the sale of property under Article 7. The administrator | ||||||
4 | may deposit any amount in the Unclaimed Property Trust Fund | ||||||
5 | into the State Pensions Fund during the fiscal year at his or | ||||||
6 | her discretion; however, he or she shall, on April 15 and | ||||||
7 | October 15 of each year, deposit any amount in the Unclaimed | ||||||
8 | Property Trust Fund exceeding $2,500,000 into the State | ||||||
9 | Pensions Fund. If on either April 15 or October 15, the | ||||||
10 | administrator determines that a balance of $2,500,000 is | ||||||
11 | insufficient for the prompt payment of unclaimed property | ||||||
12 | claims authorized under this Act, the administrator may retain | ||||||
13 | more than $2,500,000 in the Unclaimed Property Trust Fund in | ||||||
14 | order to ensure the prompt payment of claims. Beginning in | ||||||
15 | State fiscal year 2026 2025 , all amounts that are deposited | ||||||
16 | into the State Pensions Fund from the Unclaimed Property Trust | ||||||
17 | Fund shall be apportioned to the designated retirement systems | ||||||
18 | as provided in subsection (c-6) of Section 8.12 of the State | ||||||
19 | Finance Act to reduce their actuarial reserve deficiencies. | ||||||
20 | (b) The administrator shall make prompt payment of claims | ||||||
21 | he or she duly allows as provided for in this Act from the | ||||||
22 | Unclaimed Property Trust Fund. This shall constitute an | ||||||
23 | irrevocable and continuing appropriation of all amounts in the | ||||||
24 | Unclaimed Property Trust Fund necessary to make prompt payment | ||||||
25 | of claims duly allowed by the administrator pursuant to this | ||||||
26 | Act. |
| |||||||
| |||||||
1 | (Source: P.A. 102-16, eff. 6-17-21; 102-699, eff. 4-19-22; | ||||||
2 | 103-8, eff. 6-7-23.) | ||||||
3 | Section 5-95. The Unemployment Insurance Act is amended by | ||||||
4 | changing Section 2103 as follows: | ||||||
5 | (820 ILCS 405/2103) (from Ch. 48, par. 663) | ||||||
6 | Sec. 2103. Unemployment compensation administration and | ||||||
7 | other workforce development costs. All moneys received by the | ||||||
8 | State or by the Department from any source for the financing of | ||||||
9 | the cost of administration of this Act, including all federal | ||||||
10 | moneys allotted or apportioned to the State or to the | ||||||
11 | Department for that purpose, including moneys received | ||||||
12 | directly or indirectly from the federal government under the | ||||||
13 | Job Training Partnership Act, and including moneys received | ||||||
14 | from the Railroad Retirement Board as compensation for | ||||||
15 | services or facilities supplied to said Board, or any moneys | ||||||
16 | made available by this State or its political subdivisions and | ||||||
17 | matched by moneys granted to this State pursuant to the | ||||||
18 | provisions of the Wagner-Peyser Act, shall be received and | ||||||
19 | held by the State Treasurer as ex officio ex-officio custodian | ||||||
20 | thereof, separate and apart from all other State moneys, in | ||||||
21 | the Title III Social Security and Employment Fund, and such | ||||||
22 | funds shall be distributed or expended upon the direction of | ||||||
23 | the Director and, except money received pursuant to the last | ||||||
24 | paragraph of Section 2100B, shall be distributed or expended |
| |||||||
| |||||||
1 | solely for the purposes and in the amounts found necessary by | ||||||
2 | the Secretary of Labor of the United States of America, or | ||||||
3 | other appropriate federal agency, for the proper and efficient | ||||||
4 | administration of this Act. Notwithstanding any provision of | ||||||
5 | this Section, all money requisitioned and deposited with the | ||||||
6 | State Treasurer pursuant to the last paragraph of Section | ||||||
7 | 2100B shall remain part of the unemployment trust fund and | ||||||
8 | shall be used only in accordance with the conditions specified | ||||||
9 | in the last paragraph of Section 2100B. | ||||||
10 | If any moneys received from the Secretary of Labor, or | ||||||
11 | other appropriate federal agency, under Title III of the | ||||||
12 | Social Security Act, or any moneys granted to this State | ||||||
13 | pursuant to the provisions of the Wagner-Peyser Act, or any | ||||||
14 | moneys made available by this State or its political | ||||||
15 | subdivisions and matched by moneys granted to this State | ||||||
16 | pursuant to the provisions of the Wagner-Peyser Act, are found | ||||||
17 | by the Secretary of Labor, or other appropriate Federal | ||||||
18 | agency, because of any action or contingency, to have been | ||||||
19 | lost or expended for purposes other than, or in amounts in | ||||||
20 | excess of, those found necessary, by the Secretary of Labor, | ||||||
21 | or other appropriate Federal agency, for the proper | ||||||
22 | administration of this Act, it is the policy of this State that | ||||||
23 | such moneys shall be replaced by moneys appropriated for such | ||||||
24 | purpose from the general funds of this State for expenditure | ||||||
25 | as provided in the first paragraph of this Section. The | ||||||
26 | Director shall report to the Governor's Office of Management |
| |||||||
| |||||||
1 | and Budget, in the same manner as is provided generally for the | ||||||
2 | submission by State Departments of financial requirements for | ||||||
3 | the ensuing fiscal year, and the Governor shall include in his | ||||||
4 | budget report to the next regular session of the General | ||||||
5 | Assembly, the amount required for such replacement. | ||||||
6 | Moneys in the Title III Social Security and Employment | ||||||
7 | Fund shall not be commingled with other State funds, but they | ||||||
8 | shall be deposited as required by law and maintained in a | ||||||
9 | separate account on the books of a savings and loan | ||||||
10 | association or bank. | ||||||
11 | The State Treasurer shall be liable on his general | ||||||
12 | official bond for the faithful performance of his duties as | ||||||
13 | custodian of all moneys in the Title III Social Security and | ||||||
14 | Employment Fund. Such liability on his official bond shall | ||||||
15 | exist in addition to the liability upon any separate bond | ||||||
16 | given by him. All sums recovered for losses sustained by the | ||||||
17 | fund herein described shall be deposited therein. | ||||||
18 | Upon the effective date of Public Act 85-956 this | ||||||
19 | amendatory Act of 1987 (January 1, 1988), the Comptroller | ||||||
20 | shall transfer all unobligated funds from the Job Training | ||||||
21 | Fund into the Title III Social Security and Employment Fund. | ||||||
22 | On September 1, 2000, or as soon thereafter as may be | ||||||
23 | reasonably practicable, the State Comptroller shall transfer | ||||||
24 | all unobligated moneys from the Job Training Partnership Fund | ||||||
25 | into the Title III Social Security and Employment Fund. The | ||||||
26 | moneys transferred pursuant to Public Act 91-704 this |
| |||||||
| |||||||
1 | amendatory Act may be used or expended for purposes consistent | ||||||
2 | with the conditions under which those moneys were received by | ||||||
3 | the State. | ||||||
4 | Beginning on July 1, 2000 ( the effective date of Public | ||||||
5 | Act 91-704) this amendatory Act of the 91st General Assembly , | ||||||
6 | all moneys that would otherwise be deposited into the Job | ||||||
7 | Training Partnership Fund shall instead be deposited into the | ||||||
8 | Title III Social Security and Employment Fund, to be used for | ||||||
9 | purposes consistent with the conditions under which those | ||||||
10 | moneys are received by the State, except that any moneys that | ||||||
11 | may be necessary to pay liabilities outstanding as of June 30, | ||||||
12 | 2000 shall be deposited into the Job Training Partnership | ||||||
13 | Fund. | ||||||
14 | On July 1, 2024, or as soon thereafter as practical, after | ||||||
15 | making all necessary payments to the Federal Emergency | ||||||
16 | Management Agency related to the federal Lost Wages Assistance | ||||||
17 | program, the Director shall report to the Governor's Office of | ||||||
18 | Management and Budget all amounts remaining in the Title III | ||||||
19 | Social Security and Employment Fund from an appropriation to | ||||||
20 | the Department for the purpose of making payments to the | ||||||
21 | Federal Emergency Management Agency. At the direction of the | ||||||
22 | Director of the Governor's Office of Management and Budget, | ||||||
23 | the Comptroller shall direct and the Treasurer shall transfer | ||||||
24 | the reported amount from the Title III Social Security and | ||||||
25 | Employment Fund to the General Revenue Fund. | ||||||
26 | (Source: P.A. 97-791, eff. 1-1-13.) |
| |||||||
| |||||||
1 | Article 10. | ||||||
2 | Section 10-5. The Illinois Administrative Procedure Act is | ||||||
3 | amended by adding Sections 5-45.55 and 5-45.56 as follows: | ||||||
4 | (5 ILCS 100/5-45.55 new) | ||||||
5 | Sec. 5-45.55. Emergency rulemaking; Substance Use Disorder | ||||||
6 | Act. To provide for the expeditious and timely implementation | ||||||
7 | of the changes made to Section 55-30 of the Substance Use | ||||||
8 | Disorder Act by this amendatory Act of the 103rd General | ||||||
9 | Assembly, emergency rules implementing the changes made to | ||||||
10 | that Section by this amendatory Act of the 103rd General | ||||||
11 | Assembly may be adopted in accordance with Section 5-45 by the | ||||||
12 | Department of Human Services or other department essential to | ||||||
13 | the implementation of the changes. The adoption of emergency | ||||||
14 | rules authorized by Section 5-45 and this Section is deemed to | ||||||
15 | be necessary for the public interest, safety, and welfare. | ||||||
16 | This Section is repealed one year after the effective date | ||||||
17 | of this Section. | ||||||
18 | (5 ILCS 100/5-45.56 new) | ||||||
19 | Sec. 5-45.56. Emergency rulemaking; Illinois Public Aid | ||||||
20 | Code. To provide for the expeditious and timely implementation | ||||||
21 | of the changes made to the Illinois Public Aid Code by this | ||||||
22 | amendatory Act of the 103rd General Assembly, emergency rules |
| |||||||
| |||||||
1 | implementing the changes made to that Code by this amendatory | ||||||
2 | Act of the 103rd General Assembly may be adopted in accordance | ||||||
3 | with Section 5-45 by the Department of Healthcare and Family | ||||||
4 | Services, the Department of Human Services, or other | ||||||
5 | departments essential to the implementation of the changes. | ||||||
6 | The adoption of emergency rules authorized by Section 5-45 and | ||||||
7 | this Section is deemed to be necessary for the public | ||||||
8 | interest, safety, and welfare. | ||||||
9 | This Section is repealed one year after the effective date | ||||||
10 | of this Section. | ||||||
11 | Section 10-10. The Substance Use Disorder Act is amended | ||||||
12 | by changing Section 55-30 as follows: | ||||||
13 | (20 ILCS 301/55-30) | ||||||
14 | Sec. 55-30. Rate increase. | ||||||
15 | (a) The Department shall by rule develop the increased | ||||||
16 | rate methodology and annualize the increased rate beginning | ||||||
17 | with State fiscal year 2018 contracts to licensed providers of | ||||||
18 | community-based substance use disorder intervention or | ||||||
19 | treatment, based on the additional amounts appropriated for | ||||||
20 | the purpose of providing a rate increase to licensed | ||||||
21 | providers. The Department shall adopt rules, including | ||||||
22 | emergency rules under subsection (y) of Section 5-45 of the | ||||||
23 | Illinois Administrative Procedure Act, to implement the | ||||||
24 | provisions of this Section. |
| |||||||
| |||||||
1 | (b) (Blank). | ||||||
2 | (c) Beginning on July 1, 2022, the Division of Substance | ||||||
3 | Use Prevention and Recovery shall increase reimbursement rates | ||||||
4 | for all community-based substance use disorder treatment and | ||||||
5 | intervention services by 47%, including, but not limited to, | ||||||
6 | all of the following: | ||||||
7 | (1) Admission and Discharge Assessment. | ||||||
8 | (2) Level 1 (Individual). | ||||||
9 | (3) Level 1 (Group). | ||||||
10 | (4) Level 2 (Individual). | ||||||
11 | (5) Level 2 (Group). | ||||||
12 | (6) Case Management. | ||||||
13 | (7) Psychiatric Evaluation. | ||||||
14 | (8) Medication Assisted Recovery. | ||||||
15 | (9) Community Intervention. | ||||||
16 | (10) Early Intervention (Individual). | ||||||
17 | (11) Early Intervention (Group). | ||||||
18 | Beginning in State Fiscal Year 2023, and every State | ||||||
19 | fiscal year thereafter, reimbursement rates for those | ||||||
20 | community-based substance use disorder treatment and | ||||||
21 | intervention services shall be adjusted upward by an amount | ||||||
22 | equal to the Consumer Price Index-U from the previous year, | ||||||
23 | not to exceed 2% in any State fiscal year. If there is a | ||||||
24 | decrease in the Consumer Price Index-U, rates shall remain | ||||||
25 | unchanged for that State fiscal year. The Department shall | ||||||
26 | adopt rules, including emergency rules in accordance with the |
| |||||||
| |||||||
1 | Illinois Administrative Procedure Act, to implement the | ||||||
2 | provisions of this Section. | ||||||
3 | As used in this Section, "Consumer Price Index-U" | ||||||
4 | subsection, "consumer price index-u" means the index published | ||||||
5 | by the Bureau of Labor Statistics of the United States | ||||||
6 | Department of Labor that measures the average change in prices | ||||||
7 | of goods and services purchased by all urban consumers, United | ||||||
8 | States city average, all items, 1982-84 = 100. | ||||||
9 | (d) Beginning on January 1, 2024, subject to federal | ||||||
10 | approval, the Division of Substance Use Prevention and | ||||||
11 | Recovery shall increase reimbursement rates for all ASAM level | ||||||
12 | 3 residential/inpatient substance use disorder treatment and | ||||||
13 | intervention services by 30%, including, but not limited to, | ||||||
14 | the following services: | ||||||
15 | (1) ASAM level 3.5 Clinically Managed High-Intensity | ||||||
16 | Residential Services for adults; | ||||||
17 | (2) ASAM level 3.5 Clinically Managed Medium-Intensity | ||||||
18 | Residential Services for adolescents; | ||||||
19 | (3) ASAM level 3.2 Clinically Managed Residential | ||||||
20 | Withdrawal Management; | ||||||
21 | (4) ASAM level 3.7 Medically Monitored Intensive | ||||||
22 | Inpatient Services for adults and Medically Monitored | ||||||
23 | High-Intensity Inpatient Services for adolescents; and | ||||||
24 | (5) ASAM level 3.1 Clinically Managed Low-Intensity | ||||||
25 | Residential Services for adults and adolescents. | ||||||
26 | (e) Beginning in State fiscal year 2025, and every State |
| |||||||
| |||||||
1 | fiscal year thereafter, reimbursement rates for licensed or | ||||||
2 | certified substance use disorder treatment providers of ASAM | ||||||
3 | Level 3 residential/inpatient services for persons with | ||||||
4 | substance use disorders shall be adjusted upward by an amount | ||||||
5 | equal to the Consumer Price Index-U from the previous year, | ||||||
6 | not to exceed 2% in any State fiscal year. If there is a | ||||||
7 | decrease in the Consumer Price Index-U, rates shall remain | ||||||
8 | unchanged for that State fiscal year. The Department shall | ||||||
9 | adopt rules, including emergency rules, in accordance with the | ||||||
10 | Illinois Administrative Procedure Act, to implement the | ||||||
11 | provisions of this Section. | ||||||
12 | (Source: P.A. 102-699, eff. 4-19-22; 103-102, eff. 6-16-23.) | ||||||
13 | (20 ILCS 302/Act rep.) | ||||||
14 | Section 10-15. The Substance Use Disorder Rate Equity Act | ||||||
15 | is repealed. | ||||||
16 | (20 ILCS 303/Act rep.) | ||||||
17 | Section 10-20. The Substance Use Disorder Residential and | ||||||
18 | Detox Rate Equity Act is repealed. | ||||||
19 | (20 ILCS 2205/2205-31 rep.) | ||||||
20 | Section 10-25. The Department of Healthcare and Family | ||||||
21 | Services Law of the Civil Administrative Code of Illinois is | ||||||
22 | amended by repealing Section 2205-31. |
| |||||||
| |||||||
1 | Section 10-30. The Department of Public Health Powers and | ||||||
2 | Duties Law of the Civil Administrative Code of Illinois is | ||||||
3 | amended by adding Section 2310-730 as follows: | ||||||
4 | (20 ILCS 2310/2310-730 new) | ||||||
5 | Sec. 2310-730. Health care telementoring. | ||||||
6 | (a) Subject to appropriation, the Department shall | ||||||
7 | designate one or more health care telementoring entities based | ||||||
8 | on an application to be developed by the Department. | ||||||
9 | Applicants shall demonstrate a record of expertise and | ||||||
10 | demonstrated success in providing health care telementoring | ||||||
11 | services. The Department may adopt rules necessary for the | ||||||
12 | implementation of this Section. Funding may be provided based | ||||||
13 | on the number of health care providers or professionals who | ||||||
14 | are assisted by each approved health care telementoring entity | ||||||
15 | and the hours of assistance provided to each health care | ||||||
16 | provider or professional in addition to other factors as | ||||||
17 | determined by the Director. | ||||||
18 | (b) In this Section: | ||||||
19 | "Health care providers or professionals" means individuals | ||||||
20 | trained to provide health care or related services. "Health | ||||||
21 | care providers or professionals" includes, but is not limited | ||||||
22 | to, physicians, nurses, physician assistants, speech language | ||||||
23 | pathologists, social workers, and school personnel involved in | ||||||
24 | screening for targeted conditions and providing support to | ||||||
25 | students impacted by those conditions. |
| |||||||
| |||||||
1 | "Health care telementoring" means a program: | ||||||
2 | (1) that is based on interactive video or phone | ||||||
3 | technology that connects groups of local health care | ||||||
4 | providers or professionals in urban and rural underserved | ||||||
5 | areas with specialists in regular real-time collaborative | ||||||
6 | sessions; | ||||||
7 | (2) that is designed around case-based learning and | ||||||
8 | mentorship; and | ||||||
9 | (3) that helps local health care providers or | ||||||
10 | professionals gain the expertise required to more | ||||||
11 | effectively provide needed services. | ||||||
12 | "Health care telementoring" includes, but is not limited | ||||||
13 | to, a program provided to improve services in one or more of a | ||||||
14 | variety of areas, including, but not limited to, chronic | ||||||
15 | disease, communicable disease, atypical vision or hearing, | ||||||
16 | adolescent health, Hepatitis C, complex diabetes, geriatrics, | ||||||
17 | mental illness, opioid use disorders, substance use disorders, | ||||||
18 | maternity care, childhood adversity and trauma, pediatric | ||||||
19 | ADHD, congregate settings, including justice involved systems, | ||||||
20 | and other priorities identified by the Department. | ||||||
21 | Section 10-32. The State Finance Act is amended by adding | ||||||
22 | Sections 5.1017 and 6z-141 as follows: | ||||||
23 | (30 ILCS 105/5.1017 new) | ||||||
24 | Sec. 5.1017. The Health Equity and Access Fund. |
| |||||||
| |||||||
1 | (30 ILCS 105/6z-141 new) | ||||||
2 | Sec. 6z-141. Health Equity and Access Fund. | ||||||
3 | (a) The Health Equity and Access Fund is hereby created as | ||||||
4 | a special fund in the State treasury and may receive moneys | ||||||
5 | from any source, public or private, including moneys | ||||||
6 | appropriated to the Department of Healthcare and Family | ||||||
7 | Services. Interest earned on moneys in the Fund shall be | ||||||
8 | deposited into the Fund. | ||||||
9 | (b) Subject to appropriation, moneys in the Fund may be | ||||||
10 | used by the Department of Healthcare and Family Services to | ||||||
11 | pay for medical expenses or grants that advance health equity | ||||||
12 | initiatives in Illinois. | ||||||
13 | (c) The Department of Healthcare and Family Services may | ||||||
14 | adopt rules to implement and administer the health equity | ||||||
15 | initiative described in this Section. | ||||||
16 | Section 10-35. The Illinois Public Aid Code is amended by | ||||||
17 | changing Sections 5-47 and 16-2 and by adding Section 12-4.13e | ||||||
18 | as follows: | ||||||
19 | (305 ILCS 5/5-47) | ||||||
20 | Sec. 5-47. Medicaid reimbursement rates; substance use | ||||||
21 | disorder treatment providers and facilities. | ||||||
22 | (a) Beginning on January 1, 2024, subject to federal | ||||||
23 | approval, the Department of Healthcare and Family Services, in |
| |||||||
| |||||||
1 | conjunction with the Department of Human Services' Division of | ||||||
2 | Substance Use Prevention and Recovery, shall provide a 30% | ||||||
3 | increase in reimbursement rates for all Medicaid-covered ASAM | ||||||
4 | Level 3 residential/inpatient substance use disorder treatment | ||||||
5 | services. | ||||||
6 | No existing or future reimbursement rates or add-ons shall | ||||||
7 | be reduced or changed to address this proposed rate increase. | ||||||
8 | No later than 3 months after June 16, 2023 ( the effective date | ||||||
9 | of Public Act 103-102) this amendatory Act of the 103rd | ||||||
10 | General Assembly , the Department of Healthcare and Family | ||||||
11 | Services shall submit any necessary application to the federal | ||||||
12 | Centers for Medicare and Medicaid Services to implement the | ||||||
13 | requirements of this Section. | ||||||
14 | (a-5) Beginning in State fiscal year 2025, and every State | ||||||
15 | fiscal year thereafter, reimbursement rates for licensed or | ||||||
16 | certified substance use disorder treatment providers of ASAM | ||||||
17 | Level 3 residential/inpatient services for persons with | ||||||
18 | substance use disorders shall be adjusted upward by an amount | ||||||
19 | equal to the Consumer Price Index-U from the previous year, | ||||||
20 | not to exceed 2% in any State fiscal year. If there is a | ||||||
21 | decrease in the Consumer Price Index-U, rates shall remain | ||||||
22 | unchanged for that State fiscal year. The Department shall | ||||||
23 | adopt rules, including emergency rules, in accordance with the | ||||||
24 | Illinois Administrative Procedure Act, to implement the | ||||||
25 | provisions of this Section. | ||||||
26 | As used in this Section, "Consumer Price Index-U" means |
| |||||||
| |||||||
1 | the index published by the Bureau of Labor Statistics of the | ||||||
2 | United States Department of Labor that measures the average | ||||||
3 | change in prices of goods and services purchased by all urban | ||||||
4 | consumers, United States city average, all items, 1982-84 = | ||||||
5 | 100. | ||||||
6 | (b) Parity in community-based behavioral health rates; | ||||||
7 | implementation plan for cost reporting. For the purpose of | ||||||
8 | understanding behavioral health services cost structures and | ||||||
9 | their impact on the Medical Assistance Program, the Department | ||||||
10 | of Healthcare and Family Services shall engage stakeholders to | ||||||
11 | develop a plan for the regular collection of cost reporting | ||||||
12 | for all entity-based substance use disorder providers. Data | ||||||
13 | shall be used to inform on the effectiveness and efficiency of | ||||||
14 | Illinois Medicaid rates. The Department and stakeholders shall | ||||||
15 | develop a plan by April 1, 2024. The Department shall engage | ||||||
16 | stakeholders on implementation of the plan. The plan, at | ||||||
17 | minimum, shall consider all of the following: | ||||||
18 | (1) Alignment with certified community behavioral | ||||||
19 | health clinic requirements, standards, policies, and | ||||||
20 | procedures. | ||||||
21 | (2) Inclusion of prospective costs to measure what is | ||||||
22 | needed to increase services and capacity. | ||||||
23 | (3) Consideration of differences in collection and | ||||||
24 | policies based on the size of providers. | ||||||
25 | (4) Consideration of additional administrative time | ||||||
26 | and costs. |
| |||||||
| |||||||
1 | (5) Goals, purposes, and usage of data collected from | ||||||
2 | cost reports. | ||||||
3 | (6) Inclusion of qualitative data in addition to | ||||||
4 | quantitative data. | ||||||
5 | (7) Technical assistance for providers for completing | ||||||
6 | cost reports including initial training by the Department | ||||||
7 | for providers. | ||||||
8 | (8) Implementation of a timeline which allows an | ||||||
9 | initial grace period for providers to adjust internal | ||||||
10 | procedures and data collection. | ||||||
11 | Details from collected cost reports shall be made publicly | ||||||
12 | available on the Department's website and costs shall be used | ||||||
13 | to ensure the effectiveness and efficiency of Illinois | ||||||
14 | Medicaid rates. | ||||||
15 | (c) Reporting; access to substance use disorder treatment | ||||||
16 | services and recovery supports. By no later than April 1, | ||||||
17 | 2024, the Department of Healthcare and Family Services, with | ||||||
18 | input from the Department of Human Services' Division of | ||||||
19 | Substance Use Prevention and Recovery, shall submit a report | ||||||
20 | to the General Assembly regarding access to treatment services | ||||||
21 | and recovery supports for persons diagnosed with a substance | ||||||
22 | use disorder. The report shall include, but is not limited to, | ||||||
23 | the following information: | ||||||
24 | (1) The number of providers enrolled in the Illinois | ||||||
25 | Medical Assistance Program certified to provide substance | ||||||
26 | use disorder treatment services, aggregated by ASAM level |
| |||||||
| |||||||
1 | of care, and recovery supports. | ||||||
2 | (2) The number of Medicaid customers in Illinois with | ||||||
3 | a diagnosed substance use disorder receiving substance use | ||||||
4 | disorder treatment, aggregated by provider type and ASAM | ||||||
5 | level of care. | ||||||
6 | (3) A comparison of Illinois' substance use disorder | ||||||
7 | licensure and certification requirements with those of | ||||||
8 | comparable state Medicaid programs. | ||||||
9 | (4) Recommendations for and an analysis of the impact | ||||||
10 | of aligning reimbursement rates for outpatient substance | ||||||
11 | use disorder treatment services with reimbursement rates | ||||||
12 | for community-based mental health treatment services. | ||||||
13 | (5) Recommendations for expanding substance use | ||||||
14 | disorder treatment to other qualified provider entities | ||||||
15 | and licensed professionals of the healing arts. The | ||||||
16 | recommendations shall include an analysis of the | ||||||
17 | opportunities to maximize the flexibilities permitted by | ||||||
18 | the federal Centers for Medicare and Medicaid Services for | ||||||
19 | expanding access to the number and types of qualified | ||||||
20 | substance use disorder providers. | ||||||
21 | (Source: P.A. 103-102, eff. 6-16-23; revised 9-26-23.) | ||||||
22 | (305 ILCS 5/12-4.13e new) | ||||||
23 | Sec. 12-4.13e. Summer EBT Program. | ||||||
24 | (a) Subject to federal approval, the Department of Human | ||||||
25 | Services may establish and participate in the federal Summer |
| |||||||
| |||||||
1 | Electronic Benefit Transfer Program for Children, which may be | ||||||
2 | referred to as the Summer EBT Program. | ||||||
3 | (b) The Summer EBT Program Fund is established as a | ||||||
4 | federal trust fund in the State treasury. The fund is | ||||||
5 | established to receive moneys from the federal government for | ||||||
6 | the Summer EBT Program. Subject to appropriation, moneys in | ||||||
7 | the Summer EBT Program Fund shall be expended by the | ||||||
8 | Department of Human Services only for those purposes permitted | ||||||
9 | under the federal Summer Electronic Benefit Transfer Program | ||||||
10 | for Children. | ||||||
11 | (c) The Department of Human Services is authorized to | ||||||
12 | adopt any rules, including emergency rules, necessary to | ||||||
13 | implement the provisions of this Section. | ||||||
14 | (305 ILCS 5/16-2) | ||||||
15 | Sec. 16-2. Eligibility. Subject to available funding, a A | ||||||
16 | foreign-born victim of trafficking, torture, or other serious | ||||||
17 | crimes and the individual's his or her derivative family | ||||||
18 | members , but not a single adult without derivative family | ||||||
19 | members, are eligible for cash assistance or SNAP benefits | ||||||
20 | under this Article if the individual : | ||||||
21 | (a) has filed he or she : | ||||||
22 | (1) has filed or is preparing to file an | ||||||
23 | application for T Nonimmigrant status with the | ||||||
24 | appropriate federal agency pursuant to Section | ||||||
25 | 1101(a)(15)(T) of Title 8 of the United States Code, |
| |||||||
| |||||||
1 | or is otherwise taking steps to meet the conditions | ||||||
2 | for federal benefits eligibility under Section 7105 of | ||||||
3 | Title 22 of the United States Code; | ||||||
4 | (2) has filed or is preparing to file a formal | ||||||
5 | application with the appropriate federal agency for | ||||||
6 | status pursuant to Section 1101(a)(15)(U) of Title 8 | ||||||
7 | of the United States Code; or | ||||||
8 | (3) has filed or is preparing to file a formal | ||||||
9 | application with the appropriate federal agency for | ||||||
10 | status under Section 1158 of Title 8 of the United | ||||||
11 | States Code; and | ||||||
12 | (b) he or she is otherwise eligible for cash assistance or | ||||||
13 | SNAP benefits, as applicable. | ||||||
14 | An individual residing in an institution or other setting | ||||||
15 | that provides the majority of the individual's daily meals is | ||||||
16 | not eligible for SNAP benefits. | ||||||
17 | (Source: P.A. 99-870, eff. 8-22-16; 100-201, eff. 8-18-17.) | ||||||
18 | Section 10-40. The Intergenerational Poverty Act is | ||||||
19 | amended by changing Section 95-504 as follows: | ||||||
20 | (305 ILCS 70/95-504) | ||||||
21 | Sec. 95-504. Duties of the Director of the Governor's | ||||||
22 | Office of Management and Budget. The Director of the | ||||||
23 | Governor's Office of Management and Budget shall include in | ||||||
24 | the materials submitted to the General Assembly outlining the |
| |||||||
| |||||||
1 | Governor's proposed annual budget a description of any budget | ||||||
2 | proposals or other activities, ongoing projects, and plans of | ||||||
3 | the executive branch designed to meet the goals and objectives | ||||||
4 | of the strategic plan and any other information related to the | ||||||
5 | proposed annual budget that the Director of the Governor's | ||||||
6 | Office of Management and Budget believes furthers the goals | ||||||
7 | and objectives of the strategic plan . The information shall | ||||||
8 | include the following: | ||||||
9 | (1) An accounting of the savings to the State from any | ||||||
10 | increased efficiencies in the delivery of services. | ||||||
11 | (2) Any savings realized from reducing the number of | ||||||
12 | individuals living in poverty and reducing the demand for | ||||||
13 | need-based services and benefits. | ||||||
14 | (3) A projection of any increase in revenue | ||||||
15 | collections due to any increase in the number of | ||||||
16 | individuals who become employed and pay taxes into the | ||||||
17 | State treasury. | ||||||
18 | (4) Any other information related to the proposed | ||||||
19 | annual budget that the Director of the Governor's Office | ||||||
20 | of Management and Budget believes furthers the goals and | ||||||
21 | objectives of the strategic plan. | ||||||
22 | (Source: P.A. 101-636, eff. 6-10-20.) | ||||||
23 | Article 15. | ||||||
24 | Section 15-5. The Illinois Pension Code is amended by |
| |||||||
| |||||||
1 | changing Sections 2-134, 14-131, 15-165, 16-158, and 18-140 as | ||||||
2 | follows: | ||||||
3 | (40 ILCS 5/2-134) (from Ch. 108 1/2, par. 2-134) | ||||||
4 | Sec. 2-134. To certify required State contributions and | ||||||
5 | submit vouchers. | ||||||
6 | (a) The Board shall certify to the Governor on or before | ||||||
7 | December 15 of each year until December 15, 2011 the amount of | ||||||
8 | the required State contribution to the System for the next | ||||||
9 | fiscal year and shall specifically identify the System's | ||||||
10 | projected State normal cost for that fiscal year. The | ||||||
11 | certification shall include a copy of the actuarial | ||||||
12 | recommendations upon which it is based and shall specifically | ||||||
13 | identify the System's projected State normal cost for that | ||||||
14 | fiscal year. | ||||||
15 | On or before November 1 of each year, beginning November | ||||||
16 | 1, 2012, the Board shall submit to the State Actuary, the | ||||||
17 | Governor, and the General Assembly a proposed certification of | ||||||
18 | the amount of the required State contribution to the System | ||||||
19 | for the next fiscal year, along with all of the actuarial | ||||||
20 | assumptions, calculations, and data upon which that proposed | ||||||
21 | certification is based. On or before January 1 of each year | ||||||
22 | beginning January 1, 2013, the State Actuary shall issue a | ||||||
23 | preliminary report concerning the proposed certification and | ||||||
24 | identifying, if necessary, recommended changes in actuarial | ||||||
25 | assumptions that the Board must consider before finalizing its |
| |||||||
| |||||||
1 | certification of the required State contributions. On or | ||||||
2 | before January 15, 2013 and every January 15 thereafter, the | ||||||
3 | Board shall certify to the Governor and the General Assembly | ||||||
4 | the amount of the required State contribution for the next | ||||||
5 | fiscal year. The Board's certification must note any | ||||||
6 | deviations from the State Actuary's recommended changes, the | ||||||
7 | reason or reasons for not following the State Actuary's | ||||||
8 | recommended changes, and the fiscal impact of not following | ||||||
9 | the State Actuary's recommended changes on the required State | ||||||
10 | contribution. | ||||||
11 | On or before May 1, 2004, the Board shall recalculate and | ||||||
12 | recertify to the Governor the amount of the required State | ||||||
13 | contribution to the System for State fiscal year 2005, taking | ||||||
14 | into account the amounts appropriated to and received by the | ||||||
15 | System under subsection (d) of Section 7.2 of the General | ||||||
16 | Obligation Bond Act. | ||||||
17 | On or before July 1, 2005, the Board shall recalculate and | ||||||
18 | recertify to the Governor the amount of the required State | ||||||
19 | contribution to the System for State fiscal year 2006, taking | ||||||
20 | into account the changes in required State contributions made | ||||||
21 | by this amendatory Act of the 94th General Assembly. | ||||||
22 | On or before April 1, 2011, the Board shall recalculate | ||||||
23 | and recertify to the Governor the amount of the required State | ||||||
24 | contribution to the System for State fiscal year 2011, | ||||||
25 | applying the changes made by Public Act 96-889 to the System's | ||||||
26 | assets and liabilities as of June 30, 2009 as though Public Act |
| |||||||
| |||||||
1 | 96-889 was approved on that date. | ||||||
2 | By November 1, 2017, the Board shall recalculate and | ||||||
3 | recertify to the State Actuary, the Governor, and the General | ||||||
4 | Assembly the amount of the State contribution to the System | ||||||
5 | for State fiscal year 2018, taking into account the changes in | ||||||
6 | required State contributions made by this amendatory Act of | ||||||
7 | the 100th General Assembly. The State Actuary shall review the | ||||||
8 | assumptions and valuations underlying the Board's revised | ||||||
9 | certification and issue a preliminary report concerning the | ||||||
10 | proposed recertification and identifying, if necessary, | ||||||
11 | recommended changes in actuarial assumptions that the Board | ||||||
12 | must consider before finalizing its certification of the | ||||||
13 | required State contributions. The Board's final certification | ||||||
14 | must note any deviations from the State Actuary's recommended | ||||||
15 | changes, the reason or reasons for not following the State | ||||||
16 | Actuary's recommended changes, and the fiscal impact of not | ||||||
17 | following the State Actuary's recommended changes on the | ||||||
18 | required State contribution. | ||||||
19 | (b) Unless otherwise directed by the Comptroller under | ||||||
20 | subsection (b-1), Beginning in State fiscal year 1996, on or | ||||||
21 | as soon as possible after the 15th day of each month the Board | ||||||
22 | shall submit vouchers for payment of State contributions to | ||||||
23 | the System for the applicable month on the 15th day of each | ||||||
24 | month, or as soon thereafter as may be practicable. The amount | ||||||
25 | vouchered for a monthly payment shall total , in a total | ||||||
26 | monthly amount of one-twelfth of the required annual State |
| |||||||
| |||||||
1 | contribution certified under subsection (a). | ||||||
2 | (b-1) Beginning in State fiscal year 2025, if the | ||||||
3 | Comptroller requests that the Board submit, during a State | ||||||
4 | fiscal year, vouchers for multiple monthly payments for | ||||||
5 | advance payment of State contributions due to the System for | ||||||
6 | that State fiscal year, then the Board shall submit those | ||||||
7 | additional monthly vouchers as directed by the Comptroller, | ||||||
8 | notwithstanding subsection (b). Unless an act of | ||||||
9 | appropriations provides otherwise, nothing in this Section | ||||||
10 | authorizes the Board to submit, in a State fiscal year, | ||||||
11 | vouchers for the payment of State contributions to the System | ||||||
12 | in an amount that exceeds the rate of payroll that is certified | ||||||
13 | by the System under this Section for that State fiscal year. | ||||||
14 | From the effective date of this amendatory Act of the 93rd | ||||||
15 | General Assembly through June 30, 2004, the Board shall not | ||||||
16 | submit vouchers for the remainder of fiscal year 2004 in | ||||||
17 | excess of the fiscal year 2004 certified contribution amount | ||||||
18 | determined under this Section after taking into consideration | ||||||
19 | the transfer to the System under subsection (d) of Section | ||||||
20 | 6z-61 of the State Finance Act. | ||||||
21 | (b-2) The These vouchers described in subsections (b) and | ||||||
22 | (b-1) shall be paid by the State Comptroller and Treasurer by | ||||||
23 | warrants drawn on the funds appropriated to the System for | ||||||
24 | that fiscal year. | ||||||
25 | If in any month the amount remaining unexpended from all | ||||||
26 | other appropriations to the System for the applicable fiscal |
| |||||||
| |||||||
1 | year (including the appropriations to the System under Section | ||||||
2 | 8.12 of the State Finance Act and Section 1 of the State | ||||||
3 | Pension Funds Continuing Appropriation Act) is less than the | ||||||
4 | amount lawfully vouchered under this Section, the difference | ||||||
5 | shall be paid from the General Revenue Fund under the | ||||||
6 | continuing appropriation authority provided in Section 1.1 of | ||||||
7 | the State Pension Funds Continuing Appropriation Act. | ||||||
8 | (c) The full amount of any annual appropriation for the | ||||||
9 | System for State fiscal year 1995 shall be transferred and | ||||||
10 | made available to the System at the beginning of that fiscal | ||||||
11 | year at the request of the Board. Any excess funds remaining at | ||||||
12 | the end of any fiscal year from appropriations shall be | ||||||
13 | retained by the System as a general reserve to meet the | ||||||
14 | System's accrued liabilities. | ||||||
15 | (Source: P.A. 100-23, eff. 7-6-17.) | ||||||
16 | (40 ILCS 5/14-131) | ||||||
17 | Sec. 14-131. Contributions by State. | ||||||
18 | (a) The State shall make contributions to the System by | ||||||
19 | appropriations of amounts which, together with other employer | ||||||
20 | contributions from trust, federal, and other funds, employee | ||||||
21 | contributions, investment income, and other income, will be | ||||||
22 | sufficient to meet the cost of maintaining and administering | ||||||
23 | the System on a 90% funded basis in accordance with actuarial | ||||||
24 | recommendations. | ||||||
25 | For the purposes of this Section and Section 14-135.08, |
| |||||||
| |||||||
1 | references to State contributions refer only to employer | ||||||
2 | contributions and do not include employee contributions that | ||||||
3 | are picked up or otherwise paid by the State or a department on | ||||||
4 | behalf of the employee. | ||||||
5 | (b) The Board shall determine the total amount of State | ||||||
6 | contributions required for each fiscal year on the basis of | ||||||
7 | the actuarial tables and other assumptions adopted by the | ||||||
8 | Board, using the formula in subsection (e). | ||||||
9 | The Board shall also determine a State contribution rate | ||||||
10 | for each fiscal year, expressed as a percentage of payroll, | ||||||
11 | based on the total required State contribution for that fiscal | ||||||
12 | year (less the amount received by the System from | ||||||
13 | appropriations under Section 8.12 of the State Finance Act and | ||||||
14 | Section 1 of the State Pension Funds Continuing Appropriation | ||||||
15 | Act, if any, for the fiscal year ending on the June 30 | ||||||
16 | immediately preceding the applicable November 15 certification | ||||||
17 | deadline), the estimated payroll (including all forms of | ||||||
18 | compensation) for personal services rendered by eligible | ||||||
19 | employees, and the recommendations of the actuary. | ||||||
20 | For the purposes of this Section and Section 14.1 of the | ||||||
21 | State Finance Act, the term "eligible employees" includes | ||||||
22 | employees who participate in the System, persons who may elect | ||||||
23 | to participate in the System but have not so elected, persons | ||||||
24 | who are serving a qualifying period that is required for | ||||||
25 | participation, and annuitants employed by a department as | ||||||
26 | described in subdivision (a)(1) or (a)(2) of Section 14-111. |
| |||||||
| |||||||
1 | (c) Contributions shall be made by the several departments | ||||||
2 | for each pay period by warrants drawn by the State Comptroller | ||||||
3 | against their respective funds or appropriations based upon | ||||||
4 | vouchers stating the amount to be so contributed. These | ||||||
5 | amounts shall be based on the full rate certified by the Board | ||||||
6 | under Section 14-135.08 for that fiscal year. From March 5, | ||||||
7 | 2004 (the effective date of Public Act 93-665) through the | ||||||
8 | payment of the final payroll from fiscal year 2004 | ||||||
9 | appropriations, the several departments shall not make | ||||||
10 | contributions for the remainder of fiscal year 2004 but shall | ||||||
11 | instead make payments as required under subsection (a-1) of | ||||||
12 | Section 14.1 of the State Finance Act. The several departments | ||||||
13 | shall resume those contributions at the commencement of fiscal | ||||||
14 | year 2005. | ||||||
15 | (c-1) Notwithstanding subsection (c) of this Section, for | ||||||
16 | fiscal years 2010, 2012, and each fiscal year thereafter, | ||||||
17 | contributions by the several departments are not required to | ||||||
18 | be made for General Revenue Funds payrolls processed by the | ||||||
19 | Comptroller. Payrolls paid by the several departments from all | ||||||
20 | other State funds must continue to be processed pursuant to | ||||||
21 | subsection (c) of this Section. | ||||||
22 | (c-2) Unless otherwise directed by the Comptroller under | ||||||
23 | subsection (c-3), For State fiscal years 2010, 2012, and each | ||||||
24 | fiscal year thereafter, on or as soon as possible after the | ||||||
25 | 15th day of each month, the Board shall submit vouchers for | ||||||
26 | payment of State contributions to the System for the |
| |||||||
| |||||||
1 | applicable month on the 15th day of each month, or as soon | ||||||
2 | thereafter as may be practicable. The amount vouchered for a | ||||||
3 | monthly payment shall total , in a total monthly amount of | ||||||
4 | one-twelfth of the fiscal year General Revenue Fund | ||||||
5 | contribution as certified by the System pursuant to Section | ||||||
6 | 14-135.08 of this the Illinois Pension Code. | ||||||
7 | (c-3) Beginning in State fiscal year 2025, if the | ||||||
8 | Comptroller requests that the Board submit, during a State | ||||||
9 | fiscal year, vouchers for multiple monthly payments for | ||||||
10 | advance payment of State contributions due to the System for | ||||||
11 | that State fiscal year, then the Board shall submit those | ||||||
12 | additional vouchers as directed by the Comptroller, | ||||||
13 | notwithstanding subsection (c-2). Unless an act of | ||||||
14 | appropriations provides otherwise, nothing in this Section | ||||||
15 | authorizes the Board to submit, in a State fiscal year, | ||||||
16 | vouchers for the payment of State contributions to the System | ||||||
17 | in an amount that exceeds the rate of payroll that is certified | ||||||
18 | by the System under Section 14-135.08 for that State fiscal | ||||||
19 | year. | ||||||
20 | (d) If an employee is paid from trust funds or federal | ||||||
21 | funds, the department or other employer shall pay employer | ||||||
22 | contributions from those funds to the System at the certified | ||||||
23 | rate, unless the terms of the trust or the federal-State | ||||||
24 | agreement preclude the use of the funds for that purpose, in | ||||||
25 | which case the required employer contributions shall be paid | ||||||
26 | by the State. |
| |||||||
| |||||||
1 | (e) For State fiscal years 2012 through 2045, the minimum | ||||||
2 | contribution to the System to be made by the State for each | ||||||
3 | fiscal year shall be an amount determined by the System to be | ||||||
4 | sufficient to bring the total assets of the System up to 90% of | ||||||
5 | the total actuarial liabilities of the System by the end of | ||||||
6 | State fiscal year 2045. In making these determinations, the | ||||||
7 | required State contribution shall be calculated each year as a | ||||||
8 | level percentage of payroll over the years remaining to and | ||||||
9 | including fiscal year 2045 and shall be determined under the | ||||||
10 | projected unit credit actuarial cost method. | ||||||
11 | A change in an actuarial or investment assumption that | ||||||
12 | increases or decreases the required State contribution and | ||||||
13 | first applies in State fiscal year 2018 or thereafter shall be | ||||||
14 | implemented in equal annual amounts over a 5-year period | ||||||
15 | beginning in the State fiscal year in which the actuarial | ||||||
16 | change first applies to the required State contribution. | ||||||
17 | A change in an actuarial or investment assumption that | ||||||
18 | increases or decreases the required State contribution and | ||||||
19 | first applied to the State contribution in fiscal year 2014, | ||||||
20 | 2015, 2016, or 2017 shall be implemented: | ||||||
21 | (i) as already applied in State fiscal years before | ||||||
22 | 2018; and | ||||||
23 | (ii) in the portion of the 5-year period beginning in | ||||||
24 | the State fiscal year in which the actuarial change first | ||||||
25 | applied that occurs in State fiscal year 2018 or | ||||||
26 | thereafter, by calculating the change in equal annual |
| |||||||
| |||||||
1 | amounts over that 5-year period and then implementing it | ||||||
2 | at the resulting annual rate in each of the remaining | ||||||
3 | fiscal years in that 5-year period. | ||||||
4 | For State fiscal years 1996 through 2005, the State | ||||||
5 | contribution to the System, as a percentage of the applicable | ||||||
6 | employee payroll, shall be increased in equal annual | ||||||
7 | increments so that by State fiscal year 2011, the State is | ||||||
8 | contributing at the rate required under this Section; except | ||||||
9 | that (i) for State fiscal year 1998, for all purposes of this | ||||||
10 | Code and any other law of this State, the certified percentage | ||||||
11 | of the applicable employee payroll shall be 5.052% for | ||||||
12 | employees earning eligible creditable service under Section | ||||||
13 | 14-110 and 6.500% for all other employees, notwithstanding any | ||||||
14 | contrary certification made under Section 14-135.08 before | ||||||
15 | July 7, 1997 (the effective date of Public Act 90-65), and (ii) | ||||||
16 | in the following specified State fiscal years, the State | ||||||
17 | contribution to the System shall not be less than the | ||||||
18 | following indicated percentages of the applicable employee | ||||||
19 | payroll, even if the indicated percentage will produce a State | ||||||
20 | contribution in excess of the amount otherwise required under | ||||||
21 | this subsection and subsection (a): 9.8% in FY 1999; 10.0% in | ||||||
22 | FY 2000; 10.2% in FY 2001; 10.4% in FY 2002; 10.6% in FY 2003; | ||||||
23 | and 10.8% in FY 2004. | ||||||
24 | Beginning in State fiscal year 2046, the minimum State | ||||||
25 | contribution for each fiscal year shall be the amount needed | ||||||
26 | to maintain the total assets of the System at 90% of the total |
| |||||||
| |||||||
1 | actuarial liabilities of the System. | ||||||
2 | Amounts received by the System pursuant to Section 25 of | ||||||
3 | the Budget Stabilization Act or Section 8.12 of the State | ||||||
4 | Finance Act in any fiscal year do not reduce and do not | ||||||
5 | constitute payment of any portion of the minimum State | ||||||
6 | contribution required under this Article in that fiscal year. | ||||||
7 | Such amounts shall not reduce, and shall not be included in the | ||||||
8 | calculation of, the required State contributions under this | ||||||
9 | Article in any future year until the System has reached a | ||||||
10 | funding ratio of at least 90%. A reference in this Article to | ||||||
11 | the "required State contribution" or any substantially similar | ||||||
12 | term does not include or apply to any amounts payable to the | ||||||
13 | System under Section 25 of the Budget Stabilization Act. | ||||||
14 | Notwithstanding any other provision of this Section, the | ||||||
15 | required State contribution for State fiscal year 2005 and for | ||||||
16 | fiscal year 2008 and each fiscal year thereafter, as | ||||||
17 | calculated under this Section and certified under Section | ||||||
18 | 14-135.08, shall not exceed an amount equal to (i) the amount | ||||||
19 | of the required State contribution that would have been | ||||||
20 | calculated under this Section for that fiscal year if the | ||||||
21 | System had not received any payments under subsection (d) of | ||||||
22 | Section 7.2 of the General Obligation Bond Act, minus (ii) the | ||||||
23 | portion of the State's total debt service payments for that | ||||||
24 | fiscal year on the bonds issued in fiscal year 2003 for the | ||||||
25 | purposes of that Section 7.2, as determined and certified by | ||||||
26 | the Comptroller, that is the same as the System's portion of |
| |||||||
| |||||||
1 | the total moneys distributed under subsection (d) of Section | ||||||
2 | 7.2 of the General Obligation Bond Act. | ||||||
3 | (f) (Blank). | ||||||
4 | (g) For purposes of determining the required State | ||||||
5 | contribution to the System, the value of the System's assets | ||||||
6 | shall be equal to the actuarial value of the System's assets, | ||||||
7 | which shall be calculated as follows: | ||||||
8 | As of June 30, 2008, the actuarial value of the System's | ||||||
9 | assets shall be equal to the market value of the assets as of | ||||||
10 | that date. In determining the actuarial value of the System's | ||||||
11 | assets for fiscal years after June 30, 2008, any actuarial | ||||||
12 | gains or losses from investment return incurred in a fiscal | ||||||
13 | year shall be recognized in equal annual amounts over the | ||||||
14 | 5-year period following that fiscal year. | ||||||
15 | (h) For purposes of determining the required State | ||||||
16 | contribution to the System for a particular year, the | ||||||
17 | actuarial value of assets shall be assumed to earn a rate of | ||||||
18 | return equal to the System's actuarially assumed rate of | ||||||
19 | return. | ||||||
20 | (i) (Blank). | ||||||
21 | (j) (Blank). | ||||||
22 | (k) For fiscal year 2012 and each fiscal year thereafter, | ||||||
23 | after the submission of all payments for eligible employees | ||||||
24 | from personal services line items paid from the General | ||||||
25 | Revenue Fund in the fiscal year have been made, the | ||||||
26 | Comptroller shall provide to the System a certification of the |
| |||||||
| |||||||
1 | sum of all expenditures in the fiscal year for personal | ||||||
2 | services. Upon receipt of the certification, the System shall | ||||||
3 | determine the amount due to the System based on the full rate | ||||||
4 | certified by the Board under Section 14-135.08 for the fiscal | ||||||
5 | year in order to meet the State's obligation under this | ||||||
6 | Section. The System shall compare this amount due to the | ||||||
7 | amount received by the System for the fiscal year. If the | ||||||
8 | amount due is more than the amount received, the difference | ||||||
9 | shall be termed the "Prior Fiscal Year Shortfall" for purposes | ||||||
10 | of this Section, and the Prior Fiscal Year Shortfall shall be | ||||||
11 | satisfied under Section 1.2 of the State Pension Funds | ||||||
12 | Continuing Appropriation Act. If the amount due is less than | ||||||
13 | the amount received, the difference shall be termed the "Prior | ||||||
14 | Fiscal Year Overpayment" for purposes of this Section, and the | ||||||
15 | Prior Fiscal Year Overpayment shall be repaid by the System to | ||||||
16 | the General Revenue Fund as soon as practicable after the | ||||||
17 | certification. | ||||||
18 | (Source: P.A. 100-23, eff. 7-6-17; 100-587, eff. 6-4-18; | ||||||
19 | 101-10, eff. 6-5-19.) | ||||||
20 | (40 ILCS 5/15-165) (from Ch. 108 1/2, par. 15-165) | ||||||
21 | Sec. 15-165. To certify amounts and submit vouchers. | ||||||
22 | (a) The Board shall certify to the Governor on or before | ||||||
23 | November 15 of each year until November 15, 2011 the | ||||||
24 | appropriation required from State funds for the purposes of | ||||||
25 | this System for the following fiscal year. The certification |
| |||||||
| |||||||
1 | under this subsection (a) shall include a copy of the | ||||||
2 | actuarial recommendations upon which it is based and shall | ||||||
3 | specifically identify the System's projected State normal cost | ||||||
4 | for that fiscal year and the projected State cost for the | ||||||
5 | self-managed plan for that fiscal year. | ||||||
6 | On or before May 1, 2004, the Board shall recalculate and | ||||||
7 | recertify to the Governor the amount of the required State | ||||||
8 | contribution to the System for State fiscal year 2005, taking | ||||||
9 | into account the amounts appropriated to and received by the | ||||||
10 | System under subsection (d) of Section 7.2 of the General | ||||||
11 | Obligation Bond Act. | ||||||
12 | On or before July 1, 2005, the Board shall recalculate and | ||||||
13 | recertify to the Governor the amount of the required State | ||||||
14 | contribution to the System for State fiscal year 2006, taking | ||||||
15 | into account the changes in required State contributions made | ||||||
16 | by this amendatory Act of the 94th General Assembly. | ||||||
17 | On or before April 1, 2011, the Board shall recalculate | ||||||
18 | and recertify to the Governor the amount of the required State | ||||||
19 | contribution to the System for State fiscal year 2011, | ||||||
20 | applying the changes made by Public Act 96-889 to the System's | ||||||
21 | assets and liabilities as of June 30, 2009 as though Public Act | ||||||
22 | 96-889 was approved on that date. | ||||||
23 | (a-5) On or before November 1 of each year, beginning | ||||||
24 | November 1, 2012, the Board shall submit to the State Actuary, | ||||||
25 | the Governor, and the General Assembly a proposed | ||||||
26 | certification of the amount of the required State contribution |
| |||||||
| |||||||
1 | to the System for the next fiscal year, along with all of the | ||||||
2 | actuarial assumptions, calculations, and data upon which that | ||||||
3 | proposed certification is based. On or before January 1 of | ||||||
4 | each year, beginning January 1, 2013, the State Actuary shall | ||||||
5 | issue a preliminary report concerning the proposed | ||||||
6 | certification and identifying, if necessary, recommended | ||||||
7 | changes in actuarial assumptions that the Board must consider | ||||||
8 | before finalizing its certification of the required State | ||||||
9 | contributions. On or before January 15, 2013 and each January | ||||||
10 | 15 thereafter, the Board shall certify to the Governor and the | ||||||
11 | General Assembly the amount of the required State contribution | ||||||
12 | for the next fiscal year. The Board's certification must note, | ||||||
13 | in a written response to the State Actuary, any deviations | ||||||
14 | from the State Actuary's recommended changes, the reason or | ||||||
15 | reasons for not following the State Actuary's recommended | ||||||
16 | changes, and the fiscal impact of not following the State | ||||||
17 | Actuary's recommended changes on the required State | ||||||
18 | contribution. | ||||||
19 | (a-10) By November 1, 2017, the Board shall recalculate | ||||||
20 | and recertify to the State Actuary, the Governor, and the | ||||||
21 | General Assembly the amount of the State contribution to the | ||||||
22 | System for State fiscal year 2018, taking into account the | ||||||
23 | changes in required State contributions made by this | ||||||
24 | amendatory Act of the 100th General Assembly. The State | ||||||
25 | Actuary shall review the assumptions and valuations underlying | ||||||
26 | the Board's revised certification and issue a preliminary |
| |||||||
| |||||||
1 | report concerning the proposed recertification and | ||||||
2 | identifying, if necessary, recommended changes in actuarial | ||||||
3 | assumptions that the Board must consider before finalizing its | ||||||
4 | certification of the required State contributions. The Board's | ||||||
5 | final certification must note any deviations from the State | ||||||
6 | Actuary's recommended changes, the reason or reasons for not | ||||||
7 | following the State Actuary's recommended changes, and the | ||||||
8 | fiscal impact of not following the State Actuary's recommended | ||||||
9 | changes on the required State contribution. | ||||||
10 | (a-15) On or after June 15, 2019, but no later than June | ||||||
11 | 30, 2019, the Board shall recalculate and recertify to the | ||||||
12 | Governor and the General Assembly the amount of the State | ||||||
13 | contribution to the System for State fiscal year 2019, taking | ||||||
14 | into account the changes in required State contributions made | ||||||
15 | by this amendatory Act of the 100th General Assembly. The | ||||||
16 | recalculation shall be made using assumptions adopted by the | ||||||
17 | Board for the original fiscal year 2019 certification. The | ||||||
18 | monthly voucher for the 12th month of fiscal year 2019 shall be | ||||||
19 | paid by the Comptroller after the recertification required | ||||||
20 | pursuant to this subsection is submitted to the Governor, | ||||||
21 | Comptroller, and General Assembly. The recertification | ||||||
22 | submitted to the General Assembly shall be filed with the | ||||||
23 | Clerk of the House of Representatives and the Secretary of the | ||||||
24 | Senate in electronic form only, in the manner that the Clerk | ||||||
25 | and the Secretary shall direct. | ||||||
26 | (b) The Board shall certify to the State Comptroller or |
| |||||||
| |||||||
1 | employer, as the case may be, from time to time, by its | ||||||
2 | chairperson and secretary, with its seal attached, the amounts | ||||||
3 | payable to the System from the various funds. | ||||||
4 | (c) Unless otherwise directed by the Comptroller under | ||||||
5 | subsection (c-1), Beginning in State fiscal year 1996, on or | ||||||
6 | as soon as possible after the 15th day of each month the Board | ||||||
7 | shall submit vouchers for payment of State contributions to | ||||||
8 | the System for the applicable month on the 15th day of each | ||||||
9 | month, or as soon thereafter as may be practicable. The amount | ||||||
10 | vouchered for a monthly payment shall total , in a total | ||||||
11 | monthly amount of one-twelfth of the required annual State | ||||||
12 | contribution certified under subsection (a). | ||||||
13 | (c-1) Beginning in State fiscal year 2025, if the | ||||||
14 | Comptroller requests that the Board submit, during a State | ||||||
15 | fiscal year, vouchers for multiple monthly payments for | ||||||
16 | advance payment of State contributions due to the System for | ||||||
17 | that State fiscal year, then the Board shall submit those | ||||||
18 | additional vouchers as directed by the Comptroller, | ||||||
19 | notwithstanding subsection (c). Unless an act of | ||||||
20 | appropriations provides otherwise, nothing in this Section | ||||||
21 | authorizes the Board to submit, in a State fiscal year, | ||||||
22 | vouchers for the payment of State contributions to the System | ||||||
23 | in an amount that exceeds the annual certified contribution | ||||||
24 | for the System under this Section for that State fiscal year. | ||||||
25 | From the effective date of this amendatory Act of the 93rd | ||||||
26 | General Assembly through June 30, 2004, the Board shall not |
| |||||||
| |||||||
1 | submit vouchers for the remainder of fiscal year 2004 in | ||||||
2 | excess of the fiscal year 2004 certified contribution amount | ||||||
3 | determined under this Section after taking into consideration | ||||||
4 | the transfer to the System under subsection (b) of Section | ||||||
5 | 6z-61 of the State Finance Act. | ||||||
6 | (c-2) The These vouchers described in subsections (c) and | ||||||
7 | (c-1) shall be paid by the State Comptroller and Treasurer by | ||||||
8 | warrants drawn on the funds appropriated to the System for | ||||||
9 | that fiscal year. | ||||||
10 | If in any month the amount remaining unexpended from all | ||||||
11 | other appropriations to the System for the applicable fiscal | ||||||
12 | year (including the appropriations to the System under Section | ||||||
13 | 8.12 of the State Finance Act and Section 1 of the State | ||||||
14 | Pension Funds Continuing Appropriation Act) is less than the | ||||||
15 | amount lawfully vouchered under this Section, the difference | ||||||
16 | shall be paid from the General Revenue Fund under the | ||||||
17 | continuing appropriation authority provided in Section 1.1 of | ||||||
18 | the State Pension Funds Continuing Appropriation Act. | ||||||
19 | (d) So long as the payments received are the full amount | ||||||
20 | lawfully vouchered under this Section, payments received by | ||||||
21 | the System under this Section shall be applied first toward | ||||||
22 | the employer contribution to the self-managed plan established | ||||||
23 | under Section 15-158.2. Payments shall be applied second | ||||||
24 | toward the employer's portion of the normal costs of the | ||||||
25 | System, as defined in subsection (f) of Section 15-155. The | ||||||
26 | balance shall be applied toward the unfunded actuarial |
| |||||||
| |||||||
1 | liabilities of the System. | ||||||
2 | (e) In the event that the System does not receive, as a | ||||||
3 | result of legislative enactment or otherwise, payments | ||||||
4 | sufficient to fully fund the employer contribution to the | ||||||
5 | self-managed plan established under Section 15-158.2 and to | ||||||
6 | fully fund that portion of the employer's portion of the | ||||||
7 | normal costs of the System, as calculated in accordance with | ||||||
8 | Section 15-155(a-1), then any payments received shall be | ||||||
9 | applied proportionately to the optional retirement program | ||||||
10 | established under Section 15-158.2 and to the employer's | ||||||
11 | portion of the normal costs of the System, as calculated in | ||||||
12 | accordance with Section 15-155(a-1). | ||||||
13 | (Source: P.A. 100-23, eff. 7-6-17; 100-587, eff. 6-4-18.) | ||||||
14 | (40 ILCS 5/16-158) (from Ch. 108 1/2, par. 16-158) | ||||||
15 | Sec. 16-158. Contributions by State and other employing | ||||||
16 | units. | ||||||
17 | (a) The State shall make contributions to the System by | ||||||
18 | means of appropriations from the Common School Fund and other | ||||||
19 | State funds of amounts which, together with other employer | ||||||
20 | contributions, employee contributions, investment income, and | ||||||
21 | other income, will be sufficient to meet the cost of | ||||||
22 | maintaining and administering the System on a 90% funded basis | ||||||
23 | in accordance with actuarial recommendations. | ||||||
24 | The Board shall determine the amount of State | ||||||
25 | contributions required for each fiscal year on the basis of |
| |||||||
| |||||||
1 | the actuarial tables and other assumptions adopted by the | ||||||
2 | Board and the recommendations of the actuary, using the | ||||||
3 | formula in subsection (b-3). | ||||||
4 | (a-1) Annually, on or before November 15 until November | ||||||
5 | 15, 2011, the Board shall certify to the Governor the amount of | ||||||
6 | the required State contribution for the coming fiscal year. | ||||||
7 | The certification under this subsection (a-1) shall include a | ||||||
8 | copy of the actuarial recommendations upon which it is based | ||||||
9 | and shall specifically identify the System's projected State | ||||||
10 | normal cost for that fiscal year. | ||||||
11 | On or before May 1, 2004, the Board shall recalculate and | ||||||
12 | recertify to the Governor the amount of the required State | ||||||
13 | contribution to the System for State fiscal year 2005, taking | ||||||
14 | into account the amounts appropriated to and received by the | ||||||
15 | System under subsection (d) of Section 7.2 of the General | ||||||
16 | Obligation Bond Act. | ||||||
17 | On or before July 1, 2005, the Board shall recalculate and | ||||||
18 | recertify to the Governor the amount of the required State | ||||||
19 | contribution to the System for State fiscal year 2006, taking | ||||||
20 | into account the changes in required State contributions made | ||||||
21 | by Public Act 94-4. | ||||||
22 | On or before April 1, 2011, the Board shall recalculate | ||||||
23 | and recertify to the Governor the amount of the required State | ||||||
24 | contribution to the System for State fiscal year 2011, | ||||||
25 | applying the changes made by Public Act 96-889 to the System's | ||||||
26 | assets and liabilities as of June 30, 2009 as though Public Act |
| |||||||
| |||||||
1 | 96-889 was approved on that date. | ||||||
2 | (a-5) On or before November 1 of each year, beginning | ||||||
3 | November 1, 2012, the Board shall submit to the State Actuary, | ||||||
4 | the Governor, and the General Assembly a proposed | ||||||
5 | certification of the amount of the required State contribution | ||||||
6 | to the System for the next fiscal year, along with all of the | ||||||
7 | actuarial assumptions, calculations, and data upon which that | ||||||
8 | proposed certification is based. On or before January 1 of | ||||||
9 | each year, beginning January 1, 2013, the State Actuary shall | ||||||
10 | issue a preliminary report concerning the proposed | ||||||
11 | certification and identifying, if necessary, recommended | ||||||
12 | changes in actuarial assumptions that the Board must consider | ||||||
13 | before finalizing its certification of the required State | ||||||
14 | contributions. On or before January 15, 2013 and each January | ||||||
15 | 15 thereafter, the Board shall certify to the Governor and the | ||||||
16 | General Assembly the amount of the required State contribution | ||||||
17 | for the next fiscal year. The Board's certification must note | ||||||
18 | any deviations from the State Actuary's recommended changes, | ||||||
19 | the reason or reasons for not following the State Actuary's | ||||||
20 | recommended changes, and the fiscal impact of not following | ||||||
21 | the State Actuary's recommended changes on the required State | ||||||
22 | contribution. | ||||||
23 | (a-10) By November 1, 2017, the Board shall recalculate | ||||||
24 | and recertify to the State Actuary, the Governor, and the | ||||||
25 | General Assembly the amount of the State contribution to the | ||||||
26 | System for State fiscal year 2018, taking into account the |
| |||||||
| |||||||
1 | changes in required State contributions made by Public Act | ||||||
2 | 100-23. The State Actuary shall review the assumptions and | ||||||
3 | valuations underlying the Board's revised certification and | ||||||
4 | issue a preliminary report concerning the proposed | ||||||
5 | recertification and identifying, if necessary, recommended | ||||||
6 | changes in actuarial assumptions that the Board must consider | ||||||
7 | before finalizing its certification of the required State | ||||||
8 | contributions. The Board's final certification must note any | ||||||
9 | deviations from the State Actuary's recommended changes, the | ||||||
10 | reason or reasons for not following the State Actuary's | ||||||
11 | recommended changes, and the fiscal impact of not following | ||||||
12 | the State Actuary's recommended changes on the required State | ||||||
13 | contribution. | ||||||
14 | (a-15) On or after June 15, 2019, but no later than June | ||||||
15 | 30, 2019, the Board shall recalculate and recertify to the | ||||||
16 | Governor and the General Assembly the amount of the State | ||||||
17 | contribution to the System for State fiscal year 2019, taking | ||||||
18 | into account the changes in required State contributions made | ||||||
19 | by Public Act 100-587. The recalculation shall be made using | ||||||
20 | assumptions adopted by the Board for the original fiscal year | ||||||
21 | 2019 certification. The monthly voucher for the 12th month of | ||||||
22 | fiscal year 2019 shall be paid by the Comptroller after the | ||||||
23 | recertification required pursuant to this subsection is | ||||||
24 | submitted to the Governor, Comptroller, and General Assembly. | ||||||
25 | The recertification submitted to the General Assembly shall be | ||||||
26 | filed with the Clerk of the House of Representatives and the |
| |||||||
| |||||||
1 | Secretary of the Senate in electronic form only, in the manner | ||||||
2 | that the Clerk and the Secretary shall direct. | ||||||
3 | (b) Through State fiscal year 1995, the State | ||||||
4 | contributions shall be paid to the System in accordance with | ||||||
5 | Section 18-7 of the School Code. | ||||||
6 | (b-1) Unless otherwise directed by the Comptroller under | ||||||
7 | subsection (b-1.1), Beginning in State fiscal year 1996, on | ||||||
8 | the 15th day of each month, or as soon thereafter as may be | ||||||
9 | practicable, the Board shall submit vouchers for payment of | ||||||
10 | State contributions to the System for the applicable month on | ||||||
11 | the 15th day of each month, or as soon thereafter as may be | ||||||
12 | practicable. The amount vouchered for a monthly payment shall | ||||||
13 | total , in a total monthly amount of one-twelfth of the | ||||||
14 | required annual State contribution certified under subsection | ||||||
15 | (a-1). | ||||||
16 | (b-1.1) Beginning in State fiscal year 2025, if the | ||||||
17 | Comptroller requests that the Board submit, during a State | ||||||
18 | fiscal year, vouchers for multiple monthly payments for the | ||||||
19 | advance payment of State contributions due to the System for | ||||||
20 | that State fiscal year, then the Board shall submit those | ||||||
21 | additional vouchers as directed by the Comptroller, | ||||||
22 | notwithstanding subsection (b-1). Unless an act of | ||||||
23 | appropriations provides otherwise, nothing in this Section | ||||||
24 | authorizes the Board to submit, in a State fiscal year, | ||||||
25 | vouchers for the payment of State contributions to the System | ||||||
26 | in an amount that exceeds the rate of payroll that is certified |
| |||||||
| |||||||
1 | by the System under this Section for that State fiscal year. | ||||||
2 | From March 5, 2004 (the effective date of Public Act | ||||||
3 | 93-665) through June 30, 2004, the Board shall not submit | ||||||
4 | vouchers for the remainder of fiscal year 2004 in excess of the | ||||||
5 | fiscal year 2004 certified contribution amount determined | ||||||
6 | under this Section after taking into consideration the | ||||||
7 | transfer to the System under subsection (a) of Section 6z-61 | ||||||
8 | of the State Finance Act. | ||||||
9 | (b-1.2) The These vouchers described in subsections (b-1) | ||||||
10 | and (b-1.1) shall be paid by the State Comptroller and | ||||||
11 | Treasurer by warrants drawn on the funds appropriated to the | ||||||
12 | System for that fiscal year. | ||||||
13 | If in any month the amount remaining unexpended from all | ||||||
14 | other appropriations to the System for the applicable fiscal | ||||||
15 | year (including the appropriations to the System under Section | ||||||
16 | 8.12 of the State Finance Act and Section 1 of the State | ||||||
17 | Pension Funds Continuing Appropriation Act) is less than the | ||||||
18 | amount lawfully vouchered under this subsection, the | ||||||
19 | difference shall be paid from the Common School Fund under the | ||||||
20 | continuing appropriation authority provided in Section 1.1 of | ||||||
21 | the State Pension Funds Continuing Appropriation Act. | ||||||
22 | (b-2) Allocations from the Common School Fund apportioned | ||||||
23 | to school districts not coming under this System shall not be | ||||||
24 | diminished or affected by the provisions of this Article. | ||||||
25 | (b-3) For State fiscal years 2012 through 2045, the | ||||||
26 | minimum contribution to the System to be made by the State for |
| |||||||
| |||||||
1 | each fiscal year shall be an amount determined by the System to | ||||||
2 | be sufficient to bring the total assets of the System up to 90% | ||||||
3 | of the total actuarial liabilities of the System by the end of | ||||||
4 | State fiscal year 2045. In making these determinations, the | ||||||
5 | required State contribution shall be calculated each year as a | ||||||
6 | level percentage of payroll over the years remaining to and | ||||||
7 | including fiscal year 2045 and shall be determined under the | ||||||
8 | projected unit credit actuarial cost method. | ||||||
9 | For each of State fiscal years 2018, 2019, and 2020, the | ||||||
10 | State shall make an additional contribution to the System | ||||||
11 | equal to 2% of the total payroll of each employee who is deemed | ||||||
12 | to have elected the benefits under Section 1-161 or who has | ||||||
13 | made the election under subsection (c) of Section 1-161. | ||||||
14 | A change in an actuarial or investment assumption that | ||||||
15 | increases or decreases the required State contribution and | ||||||
16 | first applies in State fiscal year 2018 or thereafter shall be | ||||||
17 | implemented in equal annual amounts over a 5-year period | ||||||
18 | beginning in the State fiscal year in which the actuarial | ||||||
19 | change first applies to the required State contribution. | ||||||
20 | A change in an actuarial or investment assumption that | ||||||
21 | increases or decreases the required State contribution and | ||||||
22 | first applied to the State contribution in fiscal year 2014, | ||||||
23 | 2015, 2016, or 2017 shall be implemented: | ||||||
24 | (i) as already applied in State fiscal years before | ||||||
25 | 2018; and | ||||||
26 | (ii) in the portion of the 5-year period beginning in |
| |||||||
| |||||||
1 | the State fiscal year in which the actuarial change first | ||||||
2 | applied that occurs in State fiscal year 2018 or | ||||||
3 | thereafter, by calculating the change in equal annual | ||||||
4 | amounts over that 5-year period and then implementing it | ||||||
5 | at the resulting annual rate in each of the remaining | ||||||
6 | fiscal years in that 5-year period. | ||||||
7 | For State fiscal years 1996 through 2005, the State | ||||||
8 | contribution to the System, as a percentage of the applicable | ||||||
9 | employee payroll, shall be increased in equal annual | ||||||
10 | increments so that by State fiscal year 2011, the State is | ||||||
11 | contributing at the rate required under this Section; except | ||||||
12 | that in the following specified State fiscal years, the State | ||||||
13 | contribution to the System shall not be less than the | ||||||
14 | following indicated percentages of the applicable employee | ||||||
15 | payroll, even if the indicated percentage will produce a State | ||||||
16 | contribution in excess of the amount otherwise required under | ||||||
17 | this subsection and subsection (a), and notwithstanding any | ||||||
18 | contrary certification made under subsection (a-1) before May | ||||||
19 | 27, 1998 (the effective date of Public Act 90-582): 10.02% in | ||||||
20 | FY 1999; 10.77% in FY 2000; 11.47% in FY 2001; 12.16% in FY | ||||||
21 | 2002; 12.86% in FY 2003; and 13.56% in FY 2004. | ||||||
22 | Notwithstanding any other provision of this Article, the | ||||||
23 | total required State contribution for State fiscal year 2006 | ||||||
24 | is $534,627,700. | ||||||
25 | Notwithstanding any other provision of this Article, the | ||||||
26 | total required State contribution for State fiscal year 2007 |
| |||||||
| |||||||
1 | is $738,014,500. | ||||||
2 | For each of State fiscal years 2008 through 2009, the | ||||||
3 | State contribution to the System, as a percentage of the | ||||||
4 | applicable employee payroll, shall be increased in equal | ||||||
5 | annual increments from the required State contribution for | ||||||
6 | State fiscal year 2007, so that by State fiscal year 2011, the | ||||||
7 | State is contributing at the rate otherwise required under | ||||||
8 | this Section. | ||||||
9 | Notwithstanding any other provision of this Article, the | ||||||
10 | total required State contribution for State fiscal year 2010 | ||||||
11 | is $2,089,268,000 and shall be made from the proceeds of bonds | ||||||
12 | sold in fiscal year 2010 pursuant to Section 7.2 of the General | ||||||
13 | Obligation Bond Act, less (i) the pro rata share of bond sale | ||||||
14 | expenses determined by the System's share of total bond | ||||||
15 | proceeds, (ii) any amounts received from the Common School | ||||||
16 | Fund in fiscal year 2010, and (iii) any reduction in bond | ||||||
17 | proceeds due to the issuance of discounted bonds, if | ||||||
18 | applicable. | ||||||
19 | Notwithstanding any other provision of this Article, the | ||||||
20 | total required State contribution for State fiscal year 2011 | ||||||
21 | is the amount recertified by the System on or before April 1, | ||||||
22 | 2011 pursuant to subsection (a-1) of this Section and shall be | ||||||
23 | made from the proceeds of bonds sold in fiscal year 2011 | ||||||
24 | pursuant to Section 7.2 of the General Obligation Bond Act, | ||||||
25 | less (i) the pro rata share of bond sale expenses determined by | ||||||
26 | the System's share of total bond proceeds, (ii) any amounts |
| |||||||
| |||||||
1 | received from the Common School Fund in fiscal year 2011, and | ||||||
2 | (iii) any reduction in bond proceeds due to the issuance of | ||||||
3 | discounted bonds, if applicable. This amount shall include, in | ||||||
4 | addition to the amount certified by the System, an amount | ||||||
5 | necessary to meet employer contributions required by the State | ||||||
6 | as an employer under paragraph (e) of this Section, which may | ||||||
7 | also be used by the System for contributions required by | ||||||
8 | paragraph (a) of Section 16-127. | ||||||
9 | Beginning in State fiscal year 2046, the minimum State | ||||||
10 | contribution for each fiscal year shall be the amount needed | ||||||
11 | to maintain the total assets of the System at 90% of the total | ||||||
12 | actuarial liabilities of the System. | ||||||
13 | Amounts received by the System pursuant to Section 25 of | ||||||
14 | the Budget Stabilization Act or Section 8.12 of the State | ||||||
15 | Finance Act in any fiscal year do not reduce and do not | ||||||
16 | constitute payment of any portion of the minimum State | ||||||
17 | contribution required under this Article in that fiscal year. | ||||||
18 | Such amounts shall not reduce, and shall not be included in the | ||||||
19 | calculation of, the required State contributions under this | ||||||
20 | Article in any future year until the System has reached a | ||||||
21 | funding ratio of at least 90%. A reference in this Article to | ||||||
22 | the "required State contribution" or any substantially similar | ||||||
23 | term does not include or apply to any amounts payable to the | ||||||
24 | System under Section 25 of the Budget Stabilization Act. | ||||||
25 | Notwithstanding any other provision of this Section, the | ||||||
26 | required State contribution for State fiscal year 2005 and for |
| |||||||
| |||||||
1 | fiscal year 2008 and each fiscal year thereafter, as | ||||||
2 | calculated under this Section and certified under subsection | ||||||
3 | (a-1), shall not exceed an amount equal to (i) the amount of | ||||||
4 | the required State contribution that would have been | ||||||
5 | calculated under this Section for that fiscal year if the | ||||||
6 | System had not received any payments under subsection (d) of | ||||||
7 | Section 7.2 of the General Obligation Bond Act, minus (ii) the | ||||||
8 | portion of the State's total debt service payments for that | ||||||
9 | fiscal year on the bonds issued in fiscal year 2003 for the | ||||||
10 | purposes of that Section 7.2, as determined and certified by | ||||||
11 | the Comptroller, that is the same as the System's portion of | ||||||
12 | the total moneys distributed under subsection (d) of Section | ||||||
13 | 7.2 of the General Obligation Bond Act. In determining this | ||||||
14 | maximum for State fiscal years 2008 through 2010, however, the | ||||||
15 | amount referred to in item (i) shall be increased, as a | ||||||
16 | percentage of the applicable employee payroll, in equal | ||||||
17 | increments calculated from the sum of the required State | ||||||
18 | contribution for State fiscal year 2007 plus the applicable | ||||||
19 | portion of the State's total debt service payments for fiscal | ||||||
20 | year 2007 on the bonds issued in fiscal year 2003 for the | ||||||
21 | purposes of Section 7.2 of the General Obligation Bond Act, so | ||||||
22 | that, by State fiscal year 2011, the State is contributing at | ||||||
23 | the rate otherwise required under this Section. | ||||||
24 | (b-4) Beginning in fiscal year 2018, each employer under | ||||||
25 | this Article shall pay to the System a required contribution | ||||||
26 | determined as a percentage of projected payroll and sufficient |
| |||||||
| |||||||
1 | to produce an annual amount equal to: | ||||||
2 | (i) for each of fiscal years 2018, 2019, and 2020, the | ||||||
3 | defined benefit normal cost of the defined benefit plan, | ||||||
4 | less the employee contribution, for each employee of that | ||||||
5 | employer who has elected or who is deemed to have elected | ||||||
6 | the benefits under Section 1-161 or who has made the | ||||||
7 | election under subsection (b) of Section 1-161; for fiscal | ||||||
8 | year 2021 and each fiscal year thereafter, the defined | ||||||
9 | benefit normal cost of the defined benefit plan, less the | ||||||
10 | employee contribution, plus 2%, for each employee of that | ||||||
11 | employer who has elected or who is deemed to have elected | ||||||
12 | the benefits under Section 1-161 or who has made the | ||||||
13 | election under subsection (b) of Section 1-161; plus | ||||||
14 | (ii) the amount required for that fiscal year to | ||||||
15 | amortize any unfunded actuarial accrued liability | ||||||
16 | associated with the present value of liabilities | ||||||
17 | attributable to the employer's account under Section | ||||||
18 | 16-158.3, determined as a level percentage of payroll over | ||||||
19 | a 30-year rolling amortization period. | ||||||
20 | In determining contributions required under item (i) of | ||||||
21 | this subsection, the System shall determine an aggregate rate | ||||||
22 | for all employers, expressed as a percentage of projected | ||||||
23 | payroll. | ||||||
24 | In determining the contributions required under item (ii) | ||||||
25 | of this subsection, the amount shall be computed by the System | ||||||
26 | on the basis of the actuarial assumptions and tables used in |
| |||||||
| |||||||
1 | the most recent actuarial valuation of the System that is | ||||||
2 | available at the time of the computation. | ||||||
3 | The contributions required under this subsection (b-4) | ||||||
4 | shall be paid by an employer concurrently with that employer's | ||||||
5 | payroll payment period. The State, as the actual employer of | ||||||
6 | an employee, shall make the required contributions under this | ||||||
7 | subsection. | ||||||
8 | (c) Payment of the required State contributions and of all | ||||||
9 | pensions, retirement annuities, death benefits, refunds, and | ||||||
10 | other benefits granted under or assumed by this System, and | ||||||
11 | all expenses in connection with the administration and | ||||||
12 | operation thereof, are obligations of the State. | ||||||
13 | If members are paid from special trust or federal funds | ||||||
14 | which are administered by the employing unit, whether school | ||||||
15 | district or other unit, the employing unit shall pay to the | ||||||
16 | System from such funds the full accruing retirement costs | ||||||
17 | based upon that service, which, beginning July 1, 2017, shall | ||||||
18 | be at a rate, expressed as a percentage of salary, equal to the | ||||||
19 | total employer's normal cost, expressed as a percentage of | ||||||
20 | payroll, as determined by the System. Employer contributions, | ||||||
21 | based on salary paid to members from federal funds, may be | ||||||
22 | forwarded by the distributing agency of the State of Illinois | ||||||
23 | to the System prior to allocation, in an amount determined in | ||||||
24 | accordance with guidelines established by such agency and the | ||||||
25 | System. Any contribution for fiscal year 2015 collected as a | ||||||
26 | result of the change made by Public Act 98-674 shall be |
| |||||||
| |||||||
1 | considered a State contribution under subsection (b-3) of this | ||||||
2 | Section. | ||||||
3 | (d) Effective July 1, 1986, any employer of a teacher as | ||||||
4 | defined in paragraph (8) of Section 16-106 shall pay the | ||||||
5 | employer's normal cost of benefits based upon the teacher's | ||||||
6 | service, in addition to employee contributions, as determined | ||||||
7 | by the System. Such employer contributions shall be forwarded | ||||||
8 | monthly in accordance with guidelines established by the | ||||||
9 | System. | ||||||
10 | However, with respect to benefits granted under Section | ||||||
11 | 16-133.4 or 16-133.5 to a teacher as defined in paragraph (8) | ||||||
12 | of Section 16-106, the employer's contribution shall be 12% | ||||||
13 | (rather than 20%) of the member's highest annual salary rate | ||||||
14 | for each year of creditable service granted, and the employer | ||||||
15 | shall also pay the required employee contribution on behalf of | ||||||
16 | the teacher. For the purposes of Sections 16-133.4 and | ||||||
17 | 16-133.5, a teacher as defined in paragraph (8) of Section | ||||||
18 | 16-106 who is serving in that capacity while on leave of | ||||||
19 | absence from another employer under this Article shall not be | ||||||
20 | considered an employee of the employer from which the teacher | ||||||
21 | is on leave. | ||||||
22 | (e) Beginning July 1, 1998, every employer of a teacher | ||||||
23 | shall pay to the System an employer contribution computed as | ||||||
24 | follows: | ||||||
25 | (1) Beginning July 1, 1998 through June 30, 1999, the | ||||||
26 | employer contribution shall be equal to 0.3% of each |
| |||||||
| |||||||
1 | teacher's salary. | ||||||
2 | (2) Beginning July 1, 1999 and thereafter, the | ||||||
3 | employer contribution shall be equal to 0.58% of each | ||||||
4 | teacher's salary. | ||||||
5 | The school district or other employing unit may pay these | ||||||
6 | employer contributions out of any source of funding available | ||||||
7 | for that purpose and shall forward the contributions to the | ||||||
8 | System on the schedule established for the payment of member | ||||||
9 | contributions. | ||||||
10 | These employer contributions are intended to offset a | ||||||
11 | portion of the cost to the System of the increases in | ||||||
12 | retirement benefits resulting from Public Act 90-582. | ||||||
13 | Each employer of teachers is entitled to a credit against | ||||||
14 | the contributions required under this subsection (e) with | ||||||
15 | respect to salaries paid to teachers for the period January 1, | ||||||
16 | 2002 through June 30, 2003, equal to the amount paid by that | ||||||
17 | employer under subsection (a-5) of Section 6.6 of the State | ||||||
18 | Employees Group Insurance Act of 1971 with respect to salaries | ||||||
19 | paid to teachers for that period. | ||||||
20 | The additional 1% employee contribution required under | ||||||
21 | Section 16-152 by Public Act 90-582 is the responsibility of | ||||||
22 | the teacher and not the teacher's employer, unless the | ||||||
23 | employer agrees, through collective bargaining or otherwise, | ||||||
24 | to make the contribution on behalf of the teacher. | ||||||
25 | If an employer is required by a contract in effect on May | ||||||
26 | 1, 1998 between the employer and an employee organization to |
| |||||||
| |||||||
1 | pay, on behalf of all its full-time employees covered by this | ||||||
2 | Article, all mandatory employee contributions required under | ||||||
3 | this Article, then the employer shall be excused from paying | ||||||
4 | the employer contribution required under this subsection (e) | ||||||
5 | for the balance of the term of that contract. The employer and | ||||||
6 | the employee organization shall jointly certify to the System | ||||||
7 | the existence of the contractual requirement, in such form as | ||||||
8 | the System may prescribe. This exclusion shall cease upon the | ||||||
9 | termination, extension, or renewal of the contract at any time | ||||||
10 | after May 1, 1998. | ||||||
11 | (f) If the amount of a teacher's salary for any school year | ||||||
12 | used to determine final average salary exceeds the member's | ||||||
13 | annual full-time salary rate with the same employer for the | ||||||
14 | previous school year by more than 6%, the teacher's employer | ||||||
15 | shall pay to the System, in addition to all other payments | ||||||
16 | required under this Section and in accordance with guidelines | ||||||
17 | established by the System, the present value of the increase | ||||||
18 | in benefits resulting from the portion of the increase in | ||||||
19 | salary that is in excess of 6%. This present value shall be | ||||||
20 | computed by the System on the basis of the actuarial | ||||||
21 | assumptions and tables used in the most recent actuarial | ||||||
22 | valuation of the System that is available at the time of the | ||||||
23 | computation. If a teacher's salary for the 2005-2006 school | ||||||
24 | year is used to determine final average salary under this | ||||||
25 | subsection (f), then the changes made to this subsection (f) | ||||||
26 | by Public Act 94-1057 shall apply in calculating whether the |
| |||||||
| |||||||
1 | increase in his or her salary is in excess of 6%. For the | ||||||
2 | purposes of this Section, change in employment under Section | ||||||
3 | 10-21.12 of the School Code on or after June 1, 2005 shall | ||||||
4 | constitute a change in employer. The System may require the | ||||||
5 | employer to provide any pertinent information or | ||||||
6 | documentation. The changes made to this subsection (f) by | ||||||
7 | Public Act 94-1111 apply without regard to whether the teacher | ||||||
8 | was in service on or after its effective date. | ||||||
9 | Whenever it determines that a payment is or may be | ||||||
10 | required under this subsection, the System shall calculate the | ||||||
11 | amount of the payment and bill the employer for that amount. | ||||||
12 | The bill shall specify the calculations used to determine the | ||||||
13 | amount due. If the employer disputes the amount of the bill, it | ||||||
14 | may, within 30 days after receipt of the bill, apply to the | ||||||
15 | System in writing for a recalculation. The application must | ||||||
16 | specify in detail the grounds of the dispute and, if the | ||||||
17 | employer asserts that the calculation is subject to subsection | ||||||
18 | (g), (g-5), (g-10), (g-15), (g-20), or (h) of this Section, | ||||||
19 | must include an affidavit setting forth and attesting to all | ||||||
20 | facts within the employer's knowledge that are pertinent to | ||||||
21 | the applicability of that subsection. Upon receiving a timely | ||||||
22 | application for recalculation, the System shall review the | ||||||
23 | application and, if appropriate, recalculate the amount due. | ||||||
24 | The employer contributions required under this subsection | ||||||
25 | (f) may be paid in the form of a lump sum within 90 days after | ||||||
26 | receipt of the bill. If the employer contributions are not |
| |||||||
| |||||||
1 | paid within 90 days after receipt of the bill, then interest | ||||||
2 | will be charged at a rate equal to the System's annual | ||||||
3 | actuarially assumed rate of return on investment compounded | ||||||
4 | annually from the 91st day after receipt of the bill. Payments | ||||||
5 | must be concluded within 3 years after the employer's receipt | ||||||
6 | of the bill. | ||||||
7 | (f-1) (Blank). | ||||||
8 | (g) This subsection (g) applies only to payments made or | ||||||
9 | salary increases given on or after June 1, 2005 but before July | ||||||
10 | 1, 2011. The changes made by Public Act 94-1057 shall not | ||||||
11 | require the System to refund any payments received before July | ||||||
12 | 31, 2006 (the effective date of Public Act 94-1057). | ||||||
13 | When assessing payment for any amount due under subsection | ||||||
14 | (f), the System shall exclude salary increases paid to | ||||||
15 | teachers under contracts or collective bargaining agreements | ||||||
16 | entered into, amended, or renewed before June 1, 2005. | ||||||
17 | When assessing payment for any amount due under subsection | ||||||
18 | (f), the System shall exclude salary increases paid to a | ||||||
19 | teacher at a time when the teacher is 10 or more years from | ||||||
20 | retirement eligibility under Section 16-132 or 16-133.2. | ||||||
21 | When assessing payment for any amount due under subsection | ||||||
22 | (f), the System shall exclude salary increases resulting from | ||||||
23 | overload work, including summer school, when the school | ||||||
24 | district has certified to the System, and the System has | ||||||
25 | approved the certification, that (i) the overload work is for | ||||||
26 | the sole purpose of classroom instruction in excess of the |
| |||||||
| |||||||
1 | standard number of classes for a full-time teacher in a school | ||||||
2 | district during a school year and (ii) the salary increases | ||||||
3 | are equal to or less than the rate of pay for classroom | ||||||
4 | instruction computed on the teacher's current salary and work | ||||||
5 | schedule. | ||||||
6 | When assessing payment for any amount due under subsection | ||||||
7 | (f), the System shall exclude a salary increase resulting from | ||||||
8 | a promotion (i) for which the employee is required to hold a | ||||||
9 | certificate or supervisory endorsement issued by the State | ||||||
10 | Teacher Certification Board that is a different certification | ||||||
11 | or supervisory endorsement than is required for the teacher's | ||||||
12 | previous position and (ii) to a position that has existed and | ||||||
13 | been filled by a member for no less than one complete academic | ||||||
14 | year and the salary increase from the promotion is an increase | ||||||
15 | that results in an amount no greater than the lesser of the | ||||||
16 | average salary paid for other similar positions in the | ||||||
17 | district requiring the same certification or the amount | ||||||
18 | stipulated in the collective bargaining agreement for a | ||||||
19 | similar position requiring the same certification. | ||||||
20 | When assessing payment for any amount due under subsection | ||||||
21 | (f), the System shall exclude any payment to the teacher from | ||||||
22 | the State of Illinois or the State Board of Education over | ||||||
23 | which the employer does not have discretion, notwithstanding | ||||||
24 | that the payment is included in the computation of final | ||||||
25 | average salary. | ||||||
26 | (g-5) When assessing payment for any amount due under |
| |||||||
| |||||||
1 | subsection (f), the System shall exclude salary increases | ||||||
2 | resulting from overload or stipend work performed in a school | ||||||
3 | year subsequent to a school year in which the employer was | ||||||
4 | unable to offer or allow to be conducted overload or stipend | ||||||
5 | work due to an emergency declaration limiting such activities. | ||||||
6 | (g-10) When assessing payment for any amount due under | ||||||
7 | subsection (f), the System shall exclude salary increases | ||||||
8 | resulting from increased instructional time that exceeded the | ||||||
9 | instructional time required during the 2019-2020 school year. | ||||||
10 | (g-15) When assessing payment for any amount due under | ||||||
11 | subsection (f), the System shall exclude salary increases | ||||||
12 | resulting from teaching summer school on or after May 1, 2021 | ||||||
13 | and before September 15, 2022. | ||||||
14 | (g-20) When assessing payment for any amount due under | ||||||
15 | subsection (f), the System shall exclude salary increases | ||||||
16 | necessary to bring a school board in compliance with Public | ||||||
17 | Act 101-443 or this amendatory Act of the 103rd General | ||||||
18 | Assembly. | ||||||
19 | (h) When assessing payment for any amount due under | ||||||
20 | subsection (f), the System shall exclude any salary increase | ||||||
21 | described in subsection (g) of this Section given on or after | ||||||
22 | July 1, 2011 but before July 1, 2014 under a contract or | ||||||
23 | collective bargaining agreement entered into, amended, or | ||||||
24 | renewed on or after June 1, 2005 but before July 1, 2011. | ||||||
25 | Notwithstanding any other provision of this Section, any | ||||||
26 | payments made or salary increases given after June 30, 2014 |
| |||||||
| |||||||
1 | shall be used in assessing payment for any amount due under | ||||||
2 | subsection (f) of this Section. | ||||||
3 | (i) The System shall prepare a report and file copies of | ||||||
4 | the report with the Governor and the General Assembly by | ||||||
5 | January 1, 2007 that contains all of the following | ||||||
6 | information: | ||||||
7 | (1) The number of recalculations required by the | ||||||
8 | changes made to this Section by Public Act 94-1057 for | ||||||
9 | each employer. | ||||||
10 | (2) The dollar amount by which each employer's | ||||||
11 | contribution to the System was changed due to | ||||||
12 | recalculations required by Public Act 94-1057. | ||||||
13 | (3) The total amount the System received from each | ||||||
14 | employer as a result of the changes made to this Section by | ||||||
15 | Public Act 94-4. | ||||||
16 | (4) The increase in the required State contribution | ||||||
17 | resulting from the changes made to this Section by Public | ||||||
18 | Act 94-1057. | ||||||
19 | (i-5) For school years beginning on or after July 1, 2017, | ||||||
20 | if the amount of a participant's salary for any school year | ||||||
21 | exceeds the amount of the salary set for the Governor, the | ||||||
22 | participant's employer shall pay to the System, in addition to | ||||||
23 | all other payments required under this Section and in | ||||||
24 | accordance with guidelines established by the System, an | ||||||
25 | amount determined by the System to be equal to the employer | ||||||
26 | normal cost, as established by the System and expressed as a |
| |||||||
| |||||||
1 | total percentage of payroll, multiplied by the amount of | ||||||
2 | salary in excess of the amount of the salary set for the | ||||||
3 | Governor. This amount shall be computed by the System on the | ||||||
4 | basis of the actuarial assumptions and tables used in the most | ||||||
5 | recent actuarial valuation of the System that is available at | ||||||
6 | the time of the computation. The System may require the | ||||||
7 | employer to provide any pertinent information or | ||||||
8 | documentation. | ||||||
9 | Whenever it determines that a payment is or may be | ||||||
10 | required under this subsection, the System shall calculate the | ||||||
11 | amount of the payment and bill the employer for that amount. | ||||||
12 | The bill shall specify the calculations used to determine the | ||||||
13 | amount due. If the employer disputes the amount of the bill, it | ||||||
14 | may, within 30 days after receipt of the bill, apply to the | ||||||
15 | System in writing for a recalculation. The application must | ||||||
16 | specify in detail the grounds of the dispute. Upon receiving a | ||||||
17 | timely application for recalculation, the System shall review | ||||||
18 | the application and, if appropriate, recalculate the amount | ||||||
19 | due. | ||||||
20 | The employer contributions required under this subsection | ||||||
21 | may be paid in the form of a lump sum within 90 days after | ||||||
22 | receipt of the bill. If the employer contributions are not | ||||||
23 | paid within 90 days after receipt of the bill, then interest | ||||||
24 | will be charged at a rate equal to the System's annual | ||||||
25 | actuarially assumed rate of return on investment compounded | ||||||
26 | annually from the 91st day after receipt of the bill. Payments |
| |||||||
| |||||||
1 | must be concluded within 3 years after the employer's receipt | ||||||
2 | of the bill. | ||||||
3 | (j) For purposes of determining the required State | ||||||
4 | contribution to the System, the value of the System's assets | ||||||
5 | shall be equal to the actuarial value of the System's assets, | ||||||
6 | which shall be calculated as follows: | ||||||
7 | As of June 30, 2008, the actuarial value of the System's | ||||||
8 | assets shall be equal to the market value of the assets as of | ||||||
9 | that date. In determining the actuarial value of the System's | ||||||
10 | assets for fiscal years after June 30, 2008, any actuarial | ||||||
11 | gains or losses from investment return incurred in a fiscal | ||||||
12 | year shall be recognized in equal annual amounts over the | ||||||
13 | 5-year period following that fiscal year. | ||||||
14 | (k) For purposes of determining the required State | ||||||
15 | contribution to the system for a particular year, the | ||||||
16 | actuarial value of assets shall be assumed to earn a rate of | ||||||
17 | return equal to the system's actuarially assumed rate of | ||||||
18 | return. | ||||||
19 | (Source: P.A. 102-16, eff. 6-17-21; 102-525, eff. 8-20-21; | ||||||
20 | 102-558, eff. 8-20-21; 102-813, eff. 5-13-22; 103-515, eff. | ||||||
21 | 8-11-23.) | ||||||
22 | (40 ILCS 5/18-140) (from Ch. 108 1/2, par. 18-140) | ||||||
23 | Sec. 18-140. To certify required State contributions and | ||||||
24 | submit vouchers. | ||||||
25 | (a) The Board shall certify to the Governor, on or before |
| |||||||
| |||||||
1 | November 15 of each year until November 15, 2011, the amount of | ||||||
2 | the required State contribution to the System for the | ||||||
3 | following fiscal year and shall specifically identify the | ||||||
4 | System's projected State normal cost for that fiscal year. The | ||||||
5 | certification shall include a copy of the actuarial | ||||||
6 | recommendations upon which it is based and shall specifically | ||||||
7 | identify the System's projected State normal cost for that | ||||||
8 | fiscal year. | ||||||
9 | On or before November 1 of each year, beginning November | ||||||
10 | 1, 2012, the Board shall submit to the State Actuary, the | ||||||
11 | Governor, and the General Assembly a proposed certification of | ||||||
12 | the amount of the required State contribution to the System | ||||||
13 | for the next fiscal year, along with all of the actuarial | ||||||
14 | assumptions, calculations, and data upon which that proposed | ||||||
15 | certification is based. On or before January 1 of each year | ||||||
16 | beginning January 1, 2013, the State Actuary shall issue a | ||||||
17 | preliminary report concerning the proposed certification and | ||||||
18 | identifying, if necessary, recommended changes in actuarial | ||||||
19 | assumptions that the Board must consider before finalizing its | ||||||
20 | certification of the required State contributions. On or | ||||||
21 | before January 15, 2013 and every January 15 thereafter, the | ||||||
22 | Board shall certify to the Governor and the General Assembly | ||||||
23 | the amount of the required State contribution for the next | ||||||
24 | fiscal year. The Board's certification must note any | ||||||
25 | deviations from the State Actuary's recommended changes, the | ||||||
26 | reason or reasons for not following the State Actuary's |
| |||||||
| |||||||
1 | recommended changes, and the fiscal impact of not following | ||||||
2 | the State Actuary's recommended changes on the required State | ||||||
3 | contribution. | ||||||
4 | On or before May 1, 2004, the Board shall recalculate and | ||||||
5 | recertify to the Governor the amount of the required State | ||||||
6 | contribution to the System for State fiscal year 2005, taking | ||||||
7 | into account the amounts appropriated to and received by the | ||||||
8 | System under subsection (d) of Section 7.2 of the General | ||||||
9 | Obligation Bond Act. | ||||||
10 | On or before July 1, 2005, the Board shall recalculate and | ||||||
11 | recertify to the Governor the amount of the required State | ||||||
12 | contribution to the System for State fiscal year 2006, taking | ||||||
13 | into account the changes in required State contributions made | ||||||
14 | by this amendatory Act of the 94th General Assembly. | ||||||
15 | On or before April 1, 2011, the Board shall recalculate | ||||||
16 | and recertify to the Governor the amount of the required State | ||||||
17 | contribution to the System for State fiscal year 2011, | ||||||
18 | applying the changes made by Public Act 96-889 to the System's | ||||||
19 | assets and liabilities as of June 30, 2009 as though Public Act | ||||||
20 | 96-889 was approved on that date. | ||||||
21 | By November 1, 2017, the Board shall recalculate and | ||||||
22 | recertify to the State Actuary, the Governor, and the General | ||||||
23 | Assembly the amount of the State contribution to the System | ||||||
24 | for State fiscal year 2018, taking into account the changes in | ||||||
25 | required State contributions made by this amendatory Act of | ||||||
26 | the 100th General Assembly. The State Actuary shall review the |
| |||||||
| |||||||
1 | assumptions and valuations underlying the Board's revised | ||||||
2 | certification and issue a preliminary report concerning the | ||||||
3 | proposed recertification and identifying, if necessary, | ||||||
4 | recommended changes in actuarial assumptions that the Board | ||||||
5 | must consider before finalizing its certification of the | ||||||
6 | required State contributions. The Board's final certification | ||||||
7 | must note any deviations from the State Actuary's recommended | ||||||
8 | changes, the reason or reasons for not following the State | ||||||
9 | Actuary's recommended changes, and the fiscal impact of not | ||||||
10 | following the State Actuary's recommended changes on the | ||||||
11 | required State contribution. | ||||||
12 | (b) Unless otherwise directed by the Comptroller under | ||||||
13 | subsection (b-1), Beginning in State fiscal year 1996, on or | ||||||
14 | as soon as possible after the 15th day of each month the Board | ||||||
15 | shall submit vouchers for payment of State contributions to | ||||||
16 | the System for the applicable month on the 15th day of each | ||||||
17 | month, or as soon thereafter as may be practicable. The amount | ||||||
18 | vouchered for a monthly payment shall total , in a total | ||||||
19 | monthly amount of one-twelfth of the required annual State | ||||||
20 | contribution certified under subsection (a). | ||||||
21 | (b-1) Beginning in State fiscal year 2025, if the | ||||||
22 | Comptroller requests that the Board submit, during a State | ||||||
23 | fiscal year, vouchers for multiple monthly payments for the | ||||||
24 | advance payment of State contributions due to the System for | ||||||
25 | that State fiscal year, then the Board shall submit those | ||||||
26 | additional vouchers as directed by the Comptroller, |
| |||||||
| |||||||
1 | notwithstanding subsection (b). Unless an act of | ||||||
2 | appropriations provides otherwise, nothing in this Section | ||||||
3 | authorizes the Board to submit, in a State fiscal year, | ||||||
4 | vouchers for the payment of State contributions to the System | ||||||
5 | in an amount that exceeds the rate of payroll that is certified | ||||||
6 | by the System under this Section for that State fiscal year. | ||||||
7 | From the effective date of this amendatory Act of the 93rd | ||||||
8 | General Assembly through June 30, 2004, the Board shall not | ||||||
9 | submit vouchers for the remainder of fiscal year 2004 in | ||||||
10 | excess of the fiscal year 2004 certified contribution amount | ||||||
11 | determined under this Section after taking into consideration | ||||||
12 | the transfer to the System under subsection (c) of Section | ||||||
13 | 6z-61 of the State Finance Act. | ||||||
14 | (b-2) The These vouchers described in subsections (b) and | ||||||
15 | (b-1) shall be paid by the State Comptroller and Treasurer by | ||||||
16 | warrants drawn on the funds appropriated to the System for | ||||||
17 | that fiscal year. | ||||||
18 | If in any month the amount remaining unexpended from all | ||||||
19 | other appropriations to the System for the applicable fiscal | ||||||
20 | year (including the appropriations to the System under Section | ||||||
21 | 8.12 of the State Finance Act and Section 1 of the State | ||||||
22 | Pension Funds Continuing Appropriation Act) is less than the | ||||||
23 | amount lawfully vouchered under this Section, the difference | ||||||
24 | shall be paid from the General Revenue Fund under the | ||||||
25 | continuing appropriation authority provided in Section 1.1 of | ||||||
26 | the State Pension Funds Continuing Appropriation Act. |
| |||||||
| |||||||
1 | (Source: P.A. 100-23, eff. 7-6-17.) | ||||||
2 | Article 20. | ||||||
3 | Section 20-5. The Illinois Act on the Aging is amended by | ||||||
4 | changing Section 4.02 as follows: | ||||||
5 | (20 ILCS 105/4.02) | ||||||
6 | Sec. 4.02. Community Care Program. The Department shall | ||||||
7 | establish a program of services to prevent unnecessary | ||||||
8 | institutionalization of persons age 60 and older in need of | ||||||
9 | long term care or who are established as persons who suffer | ||||||
10 | from Alzheimer's disease or a related disorder under the | ||||||
11 | Alzheimer's Disease Assistance Act, thereby enabling them to | ||||||
12 | remain in their own homes or in other living arrangements. | ||||||
13 | Such preventive services, which may be coordinated with other | ||||||
14 | programs for the aged and monitored by area agencies on aging | ||||||
15 | in cooperation with the Department, may include, but are not | ||||||
16 | limited to, any or all of the following: | ||||||
17 | (a) (blank); | ||||||
18 | (b) (blank); | ||||||
19 | (c) home care aide services; | ||||||
20 | (d) personal assistant services; | ||||||
21 | (e) adult day services; | ||||||
22 | (f) home-delivered meals; | ||||||
23 | (g) education in self-care; |
| |||||||
| |||||||
1 | (h) personal care services; | ||||||
2 | (i) adult day health services; | ||||||
3 | (j) habilitation services; | ||||||
4 | (k) respite care; | ||||||
5 | (k-5) community reintegration services; | ||||||
6 | (k-6) flexible senior services; | ||||||
7 | (k-7) medication management; | ||||||
8 | (k-8) emergency home response; | ||||||
9 | (l) other nonmedical social services that may enable | ||||||
10 | the person to become self-supporting; or | ||||||
11 | (m) clearinghouse for information provided by senior | ||||||
12 | citizen home owners who want to rent rooms to or share | ||||||
13 | living space with other senior citizens. | ||||||
14 | The Department shall establish eligibility standards for | ||||||
15 | such services. In determining the amount and nature of | ||||||
16 | services for which a person may qualify, consideration shall | ||||||
17 | not be given to the value of cash, property , or other assets | ||||||
18 | held in the name of the person's spouse pursuant to a written | ||||||
19 | agreement dividing marital property into equal but separate | ||||||
20 | shares or pursuant to a transfer of the person's interest in a | ||||||
21 | home to his spouse, provided that the spouse's share of the | ||||||
22 | marital property is not made available to the person seeking | ||||||
23 | such services. | ||||||
24 | Beginning January 1, 2008, the Department shall require as | ||||||
25 | a condition of eligibility that all new financially eligible | ||||||
26 | applicants apply for and enroll in medical assistance under |
| |||||||
| |||||||
1 | Article V of the Illinois Public Aid Code in accordance with | ||||||
2 | rules promulgated by the Department. | ||||||
3 | The Department shall, in conjunction with the Department | ||||||
4 | of Public Aid (now Department of Healthcare and Family | ||||||
5 | Services), seek appropriate amendments under Sections 1915 and | ||||||
6 | 1924 of the Social Security Act. The purpose of the amendments | ||||||
7 | shall be to extend eligibility for home and community based | ||||||
8 | services under Sections 1915 and 1924 of the Social Security | ||||||
9 | Act to persons who transfer to or for the benefit of a spouse | ||||||
10 | those amounts of income and resources allowed under Section | ||||||
11 | 1924 of the Social Security Act. Subject to the approval of | ||||||
12 | such amendments, the Department shall extend the provisions of | ||||||
13 | Section 5-4 of the Illinois Public Aid Code to persons who, but | ||||||
14 | for the provision of home or community-based services, would | ||||||
15 | require the level of care provided in an institution, as is | ||||||
16 | provided for in federal law. Those persons no longer found to | ||||||
17 | be eligible for receiving noninstitutional services due to | ||||||
18 | changes in the eligibility criteria shall be given 45 days | ||||||
19 | notice prior to actual termination. Those persons receiving | ||||||
20 | notice of termination may contact the Department and request | ||||||
21 | the determination be appealed at any time during the 45 day | ||||||
22 | notice period. The target population identified for the | ||||||
23 | purposes of this Section are persons age 60 and older with an | ||||||
24 | identified service need. Priority shall be given to those who | ||||||
25 | are at imminent risk of institutionalization. The services | ||||||
26 | shall be provided to eligible persons age 60 and older to the |
| |||||||
| |||||||
1 | extent that the cost of the services together with the other | ||||||
2 | personal maintenance expenses of the persons are reasonably | ||||||
3 | related to the standards established for care in a group | ||||||
4 | facility appropriate to the person's condition. These | ||||||
5 | non-institutional services, pilot projects , or experimental | ||||||
6 | facilities may be provided as part of or in addition to those | ||||||
7 | authorized by federal law or those funded and administered by | ||||||
8 | the Department of Human Services. The Departments of Human | ||||||
9 | Services, Healthcare and Family Services, Public Health, | ||||||
10 | Veterans' Affairs, and Commerce and Economic Opportunity and | ||||||
11 | other appropriate agencies of State, federal , and local | ||||||
12 | governments shall cooperate with the Department on Aging in | ||||||
13 | the establishment and development of the non-institutional | ||||||
14 | services. The Department shall require an annual audit from | ||||||
15 | all personal assistant and home care aide vendors contracting | ||||||
16 | with the Department under this Section. The annual audit shall | ||||||
17 | assure that each audited vendor's procedures are in compliance | ||||||
18 | with Department's financial reporting guidelines requiring an | ||||||
19 | administrative and employee wage and benefits cost split as | ||||||
20 | defined in administrative rules. The audit is a public record | ||||||
21 | under the Freedom of Information Act. The Department shall | ||||||
22 | execute, relative to the nursing home prescreening project, | ||||||
23 | written inter-agency agreements with the Department of Human | ||||||
24 | Services and the Department of Healthcare and Family Services, | ||||||
25 | to effect the following: (1) intake procedures and common | ||||||
26 | eligibility criteria for those persons who are receiving |
| |||||||
| |||||||
1 | non-institutional services; and (2) the establishment and | ||||||
2 | development of non-institutional services in areas of the | ||||||
3 | State where they are not currently available or are | ||||||
4 | undeveloped. On and after July 1, 1996, all nursing home | ||||||
5 | prescreenings for individuals 60 years of age or older shall | ||||||
6 | be conducted by the Department. | ||||||
7 | As part of the Department on Aging's routine training of | ||||||
8 | case managers and case manager supervisors, the Department may | ||||||
9 | include information on family futures planning for persons who | ||||||
10 | are age 60 or older and who are caregivers of their adult | ||||||
11 | children with developmental disabilities. The content of the | ||||||
12 | training shall be at the Department's discretion. | ||||||
13 | The Department is authorized to establish a system of | ||||||
14 | recipient copayment for services provided under this Section, | ||||||
15 | such copayment to be based upon the recipient's ability to pay | ||||||
16 | but in no case to exceed the actual cost of the services | ||||||
17 | provided. Additionally, any portion of a person's income which | ||||||
18 | is equal to or less than the federal poverty standard shall not | ||||||
19 | be considered by the Department in determining the copayment. | ||||||
20 | The level of such copayment shall be adjusted whenever | ||||||
21 | necessary to reflect any change in the officially designated | ||||||
22 | federal poverty standard. | ||||||
23 | The Department, or the Department's authorized | ||||||
24 | representative, may recover the amount of moneys expended for | ||||||
25 | services provided to or in behalf of a person under this | ||||||
26 | Section by a claim against the person's estate or against the |
| |||||||
| |||||||
1 | estate of the person's surviving spouse, but no recovery may | ||||||
2 | be had until after the death of the surviving spouse, if any, | ||||||
3 | and then only at such time when there is no surviving child who | ||||||
4 | is under age 21 or blind or who has a permanent and total | ||||||
5 | disability. This paragraph, however, shall not bar recovery, | ||||||
6 | at the death of the person, of moneys for services provided to | ||||||
7 | the person or in behalf of the person under this Section to | ||||||
8 | which the person was not entitled; provided that such recovery | ||||||
9 | shall not be enforced against any real estate while it is | ||||||
10 | occupied as a homestead by the surviving spouse or other | ||||||
11 | dependent, if no claims by other creditors have been filed | ||||||
12 | against the estate, or, if such claims have been filed, they | ||||||
13 | remain dormant for failure of prosecution or failure of the | ||||||
14 | claimant to compel administration of the estate for the | ||||||
15 | purpose of payment. This paragraph shall not bar recovery from | ||||||
16 | the estate of a spouse, under Sections 1915 and 1924 of the | ||||||
17 | Social Security Act and Section 5-4 of the Illinois Public Aid | ||||||
18 | Code, who precedes a person receiving services under this | ||||||
19 | Section in death. All moneys for services paid to or in behalf | ||||||
20 | of the person under this Section shall be claimed for recovery | ||||||
21 | from the deceased spouse's estate. "Homestead", as used in | ||||||
22 | this paragraph, means the dwelling house and contiguous real | ||||||
23 | estate occupied by a surviving spouse or relative, as defined | ||||||
24 | by the rules and regulations of the Department of Healthcare | ||||||
25 | and Family Services, regardless of the value of the property. | ||||||
26 | The Department shall increase the effectiveness of the |
| |||||||
| |||||||
1 | existing Community Care Program by: | ||||||
2 | (1) ensuring that in-home services included in the | ||||||
3 | care plan are available on evenings and weekends; | ||||||
4 | (2) ensuring that care plans contain the services that | ||||||
5 | eligible participants need based on the number of days in | ||||||
6 | a month, not limited to specific blocks of time, as | ||||||
7 | identified by the comprehensive assessment tool selected | ||||||
8 | by the Department for use statewide, not to exceed the | ||||||
9 | total monthly service cost maximum allowed for each | ||||||
10 | service; the Department shall develop administrative rules | ||||||
11 | to implement this item (2); | ||||||
12 | (3) ensuring that the participants have the right to | ||||||
13 | choose the services contained in their care plan and to | ||||||
14 | direct how those services are provided, based on | ||||||
15 | administrative rules established by the Department; | ||||||
16 | (4) ensuring that the determination of need tool is | ||||||
17 | accurate in determining the participants' level of need; | ||||||
18 | to achieve this, the Department, in conjunction with the | ||||||
19 | Older Adult Services Advisory Committee, shall institute a | ||||||
20 | study of the relationship between the Determination of | ||||||
21 | Need scores, level of need, service cost maximums, and the | ||||||
22 | development and utilization of service plans no later than | ||||||
23 | May 1, 2008; findings and recommendations shall be | ||||||
24 | presented to the Governor and the General Assembly no | ||||||
25 | later than January 1, 2009; recommendations shall include | ||||||
26 | all needed changes to the service cost maximums schedule |
| |||||||
| |||||||
1 | and additional covered services; | ||||||
2 | (5) ensuring that homemakers can provide personal care | ||||||
3 | services that may or may not involve contact with clients, | ||||||
4 | including , but not limited to: | ||||||
5 | (A) bathing; | ||||||
6 | (B) grooming; | ||||||
7 | (C) toileting; | ||||||
8 | (D) nail care; | ||||||
9 | (E) transferring; | ||||||
10 | (F) respiratory services; | ||||||
11 | (G) exercise; or | ||||||
12 | (H) positioning; | ||||||
13 | (6) ensuring that homemaker program vendors are not | ||||||
14 | restricted from hiring homemakers who are family members | ||||||
15 | of clients or recommended by clients; the Department may | ||||||
16 | not, by rule or policy, require homemakers who are family | ||||||
17 | members of clients or recommended by clients to accept | ||||||
18 | assignments in homes other than the client; | ||||||
19 | (7) ensuring that the State may access maximum federal | ||||||
20 | matching funds by seeking approval for the Centers for | ||||||
21 | Medicare and Medicaid Services for modifications to the | ||||||
22 | State's home and community based services waiver and | ||||||
23 | additional waiver opportunities, including applying for | ||||||
24 | enrollment in the Balance Incentive Payment Program by May | ||||||
25 | 1, 2013, in order to maximize federal matching funds; this | ||||||
26 | shall include, but not be limited to, modification that |
| |||||||
| |||||||
1 | reflects all changes in the Community Care Program | ||||||
2 | services and all increases in the services cost maximum; | ||||||
3 | (8) ensuring that the determination of need tool | ||||||
4 | accurately reflects the service needs of individuals with | ||||||
5 | Alzheimer's disease and related dementia disorders; | ||||||
6 | (9) ensuring that services are authorized accurately | ||||||
7 | and consistently for the Community Care Program (CCP); the | ||||||
8 | Department shall implement a Service Authorization policy | ||||||
9 | directive; the purpose shall be to ensure that eligibility | ||||||
10 | and services are authorized accurately and consistently in | ||||||
11 | the CCP program; the policy directive shall clarify | ||||||
12 | service authorization guidelines to Care Coordination | ||||||
13 | Units and Community Care Program providers no later than | ||||||
14 | May 1, 2013; | ||||||
15 | (10) working in conjunction with Care Coordination | ||||||
16 | Units, the Department of Healthcare and Family Services, | ||||||
17 | the Department of Human Services, Community Care Program | ||||||
18 | providers, and other stakeholders to make improvements to | ||||||
19 | the Medicaid claiming processes and the Medicaid | ||||||
20 | enrollment procedures or requirements as needed, | ||||||
21 | including, but not limited to, specific policy changes or | ||||||
22 | rules to improve the up-front enrollment of participants | ||||||
23 | in the Medicaid program and specific policy changes or | ||||||
24 | rules to insure more prompt submission of bills to the | ||||||
25 | federal government to secure maximum federal matching | ||||||
26 | dollars as promptly as possible; the Department on Aging |
| |||||||
| |||||||
1 | shall have at least 3 meetings with stakeholders by | ||||||
2 | January 1, 2014 in order to address these improvements; | ||||||
3 | (11) requiring home care service providers to comply | ||||||
4 | with the rounding of hours worked provisions under the | ||||||
5 | federal Fair Labor Standards Act (FLSA) and as set forth | ||||||
6 | in 29 CFR 785.48(b) by May 1, 2013; | ||||||
7 | (12) implementing any necessary policy changes or | ||||||
8 | promulgating any rules, no later than January 1, 2014, to | ||||||
9 | assist the Department of Healthcare and Family Services in | ||||||
10 | moving as many participants as possible, consistent with | ||||||
11 | federal regulations, into coordinated care plans if a care | ||||||
12 | coordination plan that covers long term care is available | ||||||
13 | in the recipient's area; and | ||||||
14 | (13) maintaining fiscal year 2014 rates at the same | ||||||
15 | level established on January 1, 2013. | ||||||
16 | By January 1, 2009 or as soon after the end of the Cash and | ||||||
17 | Counseling Demonstration Project as is practicable, the | ||||||
18 | Department may, based on its evaluation of the demonstration | ||||||
19 | project, promulgate rules concerning personal assistant | ||||||
20 | services, to include, but need not be limited to, | ||||||
21 | qualifications, employment screening, rights under fair labor | ||||||
22 | standards, training, fiduciary agent, and supervision | ||||||
23 | requirements. All applicants shall be subject to the | ||||||
24 | provisions of the Health Care Worker Background Check Act. | ||||||
25 | The Department shall develop procedures to enhance | ||||||
26 | availability of services on evenings, weekends, and on an |
| |||||||
| |||||||
1 | emergency basis to meet the respite needs of caregivers. | ||||||
2 | Procedures shall be developed to permit the utilization of | ||||||
3 | services in successive blocks of 24 hours up to the monthly | ||||||
4 | maximum established by the Department. Workers providing these | ||||||
5 | services shall be appropriately trained. | ||||||
6 | Beginning on September 23, 1991 ( the effective date of | ||||||
7 | Public Act 87-729) this amendatory Act of 1991 , no person may | ||||||
8 | perform chore/housekeeping and home care aide services under a | ||||||
9 | program authorized by this Section unless that person has been | ||||||
10 | issued a certificate of pre-service to do so by his or her | ||||||
11 | employing agency. Information gathered to effect such | ||||||
12 | certification shall include (i) the person's name, (ii) the | ||||||
13 | date the person was hired by his or her current employer, and | ||||||
14 | (iii) the training, including dates and levels. Persons | ||||||
15 | engaged in the program authorized by this Section before the | ||||||
16 | effective date of this amendatory Act of 1991 shall be issued a | ||||||
17 | certificate of all pre-service pre- and in-service training | ||||||
18 | from his or her employer upon submitting the necessary | ||||||
19 | information. The employing agency shall be required to retain | ||||||
20 | records of all staff pre-service pre- and in-service training, | ||||||
21 | and shall provide such records to the Department upon request | ||||||
22 | and upon termination of the employer's contract with the | ||||||
23 | Department. In addition, the employing agency is responsible | ||||||
24 | for the issuance of certifications of in-service training | ||||||
25 | completed to their employees. | ||||||
26 | The Department is required to develop a system to ensure |
| |||||||
| |||||||
1 | that persons working as home care aides and personal | ||||||
2 | assistants receive increases in their wages when the federal | ||||||
3 | minimum wage is increased by requiring vendors to certify that | ||||||
4 | they are meeting the federal minimum wage statute for home | ||||||
5 | care aides and personal assistants. An employer that cannot | ||||||
6 | ensure that the minimum wage increase is being given to home | ||||||
7 | care aides and personal assistants shall be denied any | ||||||
8 | increase in reimbursement costs. | ||||||
9 | The Community Care Program Advisory Committee is created | ||||||
10 | in the Department on Aging. The Director shall appoint | ||||||
11 | individuals to serve in the Committee, who shall serve at | ||||||
12 | their own expense. Members of the Committee must abide by all | ||||||
13 | applicable ethics laws. The Committee shall advise the | ||||||
14 | Department on issues related to the Department's program of | ||||||
15 | services to prevent unnecessary institutionalization. The | ||||||
16 | Committee shall meet on a bi-monthly basis and shall serve to | ||||||
17 | identify and advise the Department on present and potential | ||||||
18 | issues affecting the service delivery network, the program's | ||||||
19 | clients, and the Department and to recommend solution | ||||||
20 | strategies. Persons appointed to the Committee shall be | ||||||
21 | appointed on, but not limited to, their own and their agency's | ||||||
22 | experience with the program, geographic representation, and | ||||||
23 | willingness to serve. The Director shall appoint members to | ||||||
24 | the Committee to represent provider, advocacy, policy | ||||||
25 | research, and other constituencies committed to the delivery | ||||||
26 | of high quality home and community-based services to older |
| |||||||
| |||||||
1 | adults. Representatives shall be appointed to ensure | ||||||
2 | representation from community care providers , including, but | ||||||
3 | not limited to, adult day service providers, homemaker | ||||||
4 | providers, case coordination and case management units, | ||||||
5 | emergency home response providers, statewide trade or labor | ||||||
6 | unions that represent home care aides and direct care staff, | ||||||
7 | area agencies on aging, adults over age 60, membership | ||||||
8 | organizations representing older adults, and other | ||||||
9 | organizational entities, providers of care, or individuals | ||||||
10 | with demonstrated interest and expertise in the field of home | ||||||
11 | and community care as determined by the Director. | ||||||
12 | Nominations may be presented from any agency or State | ||||||
13 | association with interest in the program. The Director, or his | ||||||
14 | or her designee, shall serve as the permanent co-chair of the | ||||||
15 | advisory committee. One other co-chair shall be nominated and | ||||||
16 | approved by the members of the committee on an annual basis. | ||||||
17 | Committee members' terms of appointment shall be for 4 years | ||||||
18 | with one-quarter of the appointees' terms expiring each year. | ||||||
19 | A member shall continue to serve until his or her replacement | ||||||
20 | is named. The Department shall fill vacancies that have a | ||||||
21 | remaining term of over one year, and this replacement shall | ||||||
22 | occur through the annual replacement of expiring terms. The | ||||||
23 | Director shall designate Department staff to provide technical | ||||||
24 | assistance and staff support to the committee. Department | ||||||
25 | representation shall not constitute membership of the | ||||||
26 | committee. All Committee papers, issues, recommendations, |
| |||||||
| |||||||
1 | reports, and meeting memoranda are advisory only. The | ||||||
2 | Director, or his or her designee, shall make a written report, | ||||||
3 | as requested by the Committee, regarding issues before the | ||||||
4 | Committee. | ||||||
5 | The Department on Aging and the Department of Human | ||||||
6 | Services shall cooperate in the development and submission of | ||||||
7 | an annual report on programs and services provided under this | ||||||
8 | Section. Such joint report shall be filed with the Governor | ||||||
9 | and the General Assembly on or before March 31 of the following | ||||||
10 | fiscal year. | ||||||
11 | The requirement for reporting to the General Assembly | ||||||
12 | shall be satisfied by filing copies of the report as required | ||||||
13 | by Section 3.1 of the General Assembly Organization Act and | ||||||
14 | filing such additional copies with the State Government Report | ||||||
15 | Distribution Center for the General Assembly as is required | ||||||
16 | under paragraph (t) of Section 7 of the State Library Act. | ||||||
17 | Those persons previously found eligible for receiving | ||||||
18 | non-institutional services whose services were discontinued | ||||||
19 | under the Emergency Budget Act of Fiscal Year 1992, and who do | ||||||
20 | not meet the eligibility standards in effect on or after July | ||||||
21 | 1, 1992, shall remain ineligible on and after July 1, 1992. | ||||||
22 | Those persons previously not required to cost-share and who | ||||||
23 | were required to cost-share effective March 1, 1992, shall | ||||||
24 | continue to meet cost-share requirements on and after July 1, | ||||||
25 | 1992. Beginning July 1, 1992, all clients will be required to | ||||||
26 | meet eligibility, cost-share, and other requirements and will |
| |||||||
| |||||||
1 | have services discontinued or altered when they fail to meet | ||||||
2 | these requirements. | ||||||
3 | For the purposes of this Section, "flexible senior | ||||||
4 | services" refers to services that require one-time or periodic | ||||||
5 | expenditures , including, but not limited to, respite care, | ||||||
6 | home modification, assistive technology, housing assistance, | ||||||
7 | and transportation. | ||||||
8 | The Department shall implement an electronic service | ||||||
9 | verification based on global positioning systems or other | ||||||
10 | cost-effective technology for the Community Care Program no | ||||||
11 | later than January 1, 2014. | ||||||
12 | The Department shall require, as a condition of | ||||||
13 | eligibility, enrollment in the medical assistance program | ||||||
14 | under Article V of the Illinois Public Aid Code (i) beginning | ||||||
15 | August 1, 2013, if the Auditor General has reported that the | ||||||
16 | Department has failed to comply with the reporting | ||||||
17 | requirements of Section 2-27 of the Illinois State Auditing | ||||||
18 | Act; or (ii) beginning June 1, 2014, if the Auditor General has | ||||||
19 | reported that the Department has not undertaken the required | ||||||
20 | actions listed in the report required by subsection (a) of | ||||||
21 | Section 2-27 of the Illinois State Auditing Act. | ||||||
22 | The Department shall delay Community Care Program services | ||||||
23 | until an applicant is determined eligible for medical | ||||||
24 | assistance under Article V of the Illinois Public Aid Code (i) | ||||||
25 | beginning August 1, 2013, if the Auditor General has reported | ||||||
26 | that the Department has failed to comply with the reporting |
| |||||||
| |||||||
1 | requirements of Section 2-27 of the Illinois State Auditing | ||||||
2 | Act; or (ii) beginning June 1, 2014, if the Auditor General has | ||||||
3 | reported that the Department has not undertaken the required | ||||||
4 | actions listed in the report required by subsection (a) of | ||||||
5 | Section 2-27 of the Illinois State Auditing Act. | ||||||
6 | The Department shall implement co-payments for the | ||||||
7 | Community Care Program at the federally allowable maximum | ||||||
8 | level (i) beginning August 1, 2013, if the Auditor General has | ||||||
9 | reported that the Department has failed to comply with the | ||||||
10 | reporting requirements of Section 2-27 of the Illinois State | ||||||
11 | Auditing Act; or (ii) beginning June 1, 2014, if the Auditor | ||||||
12 | General has reported that the Department has not undertaken | ||||||
13 | the required actions listed in the report required by | ||||||
14 | subsection (a) of Section 2-27 of the Illinois State Auditing | ||||||
15 | Act. | ||||||
16 | The Department shall continue to provide other Community | ||||||
17 | Care Program reports as required by statute. | ||||||
18 | The Department shall conduct a quarterly review of Care | ||||||
19 | Coordination Unit performance and adherence to service | ||||||
20 | guidelines. The quarterly review shall be reported to the | ||||||
21 | Speaker of the House of Representatives, the Minority Leader | ||||||
22 | of the House of Representatives, the President of the Senate, | ||||||
23 | and the Minority Leader of the Senate. The Department shall | ||||||
24 | collect and report longitudinal data on the performance of | ||||||
25 | each care coordination unit. Nothing in this paragraph shall | ||||||
26 | be construed to require the Department to identify specific |
| |||||||
| |||||||
1 | care coordination units. | ||||||
2 | In regard to community care providers, failure to comply | ||||||
3 | with Department on Aging policies shall be cause for | ||||||
4 | disciplinary action, including, but not limited to, | ||||||
5 | disqualification from serving Community Care Program clients. | ||||||
6 | Each provider, upon submission of any bill or invoice to the | ||||||
7 | Department for payment for services rendered, shall include a | ||||||
8 | notarized statement, under penalty of perjury pursuant to | ||||||
9 | Section 1-109 of the Code of Civil Procedure, that the | ||||||
10 | provider has complied with all Department policies. | ||||||
11 | The Director of the Department on Aging shall make | ||||||
12 | information available to the State Board of Elections as may | ||||||
13 | be required by an agreement the State Board of Elections has | ||||||
14 | entered into with a multi-state voter registration list | ||||||
15 | maintenance system. | ||||||
16 | Within 30 days after July 6, 2017 (the effective date of | ||||||
17 | Public Act 100-23), rates shall be increased to $18.29 per | ||||||
18 | hour, for the purpose of increasing, by at least $.72 per hour, | ||||||
19 | the wages paid by those vendors to their employees who provide | ||||||
20 | homemaker services. The Department shall pay an enhanced rate | ||||||
21 | under the Community Care Program to those in-home service | ||||||
22 | provider agencies that offer health insurance coverage as a | ||||||
23 | benefit to their direct service worker employees consistent | ||||||
24 | with the mandates of Public Act 95-713. For State fiscal years | ||||||
25 | 2018 and 2019, the enhanced rate shall be $1.77 per hour. The | ||||||
26 | rate shall be adjusted using actuarial analysis based on the |
| |||||||
| |||||||
1 | cost of care, but shall not be set below $1.77 per hour. The | ||||||
2 | Department shall adopt rules, including emergency rules under | ||||||
3 | subsections (y) and (bb) of Section 5-45 of the Illinois | ||||||
4 | Administrative Procedure Act, to implement the provisions of | ||||||
5 | this paragraph. | ||||||
6 | Subject to federal approval, beginning on January 1, 2024, | ||||||
7 | rates for adult day services shall be increased to $16.84 per | ||||||
8 | hour and rates for each way transportation services for adult | ||||||
9 | day services shall be increased to $12.44 per unit | ||||||
10 | transportation. | ||||||
11 | Subject to federal approval, on and after January 1, 2024, | ||||||
12 | rates for homemaker services shall be increased to $28.07 to | ||||||
13 | sustain a minimum wage of $17 per hour for direct service | ||||||
14 | workers. Rates in subsequent State fiscal years shall be no | ||||||
15 | lower than the rates put into effect upon federal approval. | ||||||
16 | Providers of in-home services shall be required to certify to | ||||||
17 | the Department that they remain in compliance with the | ||||||
18 | mandated wage increase for direct service workers. Fringe | ||||||
19 | benefits, including, but not limited to, paid time off and | ||||||
20 | payment for training, health insurance, travel, or | ||||||
21 | transportation, shall not be reduced in relation to the rate | ||||||
22 | increases described in this paragraph. | ||||||
23 | Subject to and upon federal approval, on and after January | ||||||
24 | 1, 2025, rates for homemaker services shall be increased to | ||||||
25 | $29.63 to sustain a minimum wage of $18 per hour for direct | ||||||
26 | service workers. Rates in subsequent State fiscal years shall |
| |||||||
| |||||||
1 | be no lower than the rates put into effect upon federal | ||||||
2 | approval. Providers of in-home services shall be required to | ||||||
3 | certify to the Department that they remain in compliance with | ||||||
4 | the mandated wage increase for direct service workers. Fringe | ||||||
5 | benefits, including, but not limited to, paid time off and | ||||||
6 | payment for training, health insurance, travel, or | ||||||
7 | transportation, shall not be reduced in relation to the rate | ||||||
8 | increases described in this paragraph. | ||||||
9 | The General Assembly finds it necessary to authorize an | ||||||
10 | aggressive Medicaid enrollment initiative designed to maximize | ||||||
11 | federal Medicaid funding for the Community Care Program which | ||||||
12 | produces significant savings for the State of Illinois. The | ||||||
13 | Department on Aging shall establish and implement a Community | ||||||
14 | Care Program Medicaid Initiative. Under the Initiative, the | ||||||
15 | Department on Aging shall, at a minimum: (i) provide an | ||||||
16 | enhanced rate to adequately compensate care coordination units | ||||||
17 | to enroll eligible Community Care Program clients into | ||||||
18 | Medicaid; (ii) use recommendations from a stakeholder | ||||||
19 | committee on how best to implement the Initiative; and (iii) | ||||||
20 | establish requirements for State agencies to make enrollment | ||||||
21 | in the State's Medical Assistance program easier for seniors. | ||||||
22 | The Community Care Program Medicaid Enrollment Oversight | ||||||
23 | Subcommittee is created as a subcommittee of the Older Adult | ||||||
24 | Services Advisory Committee established in Section 35 of the | ||||||
25 | Older Adult Services Act to make recommendations on how best | ||||||
26 | to increase the number of medical assistance recipients who |
| |||||||
| |||||||
1 | are enrolled in the Community Care Program. The Subcommittee | ||||||
2 | shall consist of all of the following persons who must be | ||||||
3 | appointed within 30 days after June 4, 2018 ( the effective | ||||||
4 | date of Public Act 100-587) this amendatory Act of the 100th | ||||||
5 | General Assembly : | ||||||
6 | (1) The Director of Aging, or his or her designee, who | ||||||
7 | shall serve as the chairperson of the Subcommittee. | ||||||
8 | (2) One representative of the Department of Healthcare | ||||||
9 | and Family Services, appointed by the Director of | ||||||
10 | Healthcare and Family Services. | ||||||
11 | (3) One representative of the Department of Human | ||||||
12 | Services, appointed by the Secretary of Human Services. | ||||||
13 | (4) One individual representing a care coordination | ||||||
14 | unit, appointed by the Director of Aging. | ||||||
15 | (5) One individual from a non-governmental statewide | ||||||
16 | organization that advocates for seniors, appointed by the | ||||||
17 | Director of Aging. | ||||||
18 | (6) One individual representing Area Agencies on | ||||||
19 | Aging, appointed by the Director of Aging. | ||||||
20 | (7) One individual from a statewide association | ||||||
21 | dedicated to Alzheimer's care, support, and research, | ||||||
22 | appointed by the Director of Aging. | ||||||
23 | (8) One individual from an organization that employs | ||||||
24 | persons who provide services under the Community Care | ||||||
25 | Program, appointed by the Director of Aging. | ||||||
26 | (9) One member of a trade or labor union representing |
| |||||||
| |||||||
1 | persons who provide services under the Community Care | ||||||
2 | Program, appointed by the Director of Aging. | ||||||
3 | (10) One member of the Senate, who shall serve as | ||||||
4 | co-chairperson, appointed by the President of the Senate. | ||||||
5 | (11) One member of the Senate, who shall serve as | ||||||
6 | co-chairperson, appointed by the Minority Leader of the | ||||||
7 | Senate. | ||||||
8 | (12) One member of the House of Representatives, who | ||||||
9 | shall serve as co-chairperson, appointed by the Speaker of | ||||||
10 | the House of Representatives. | ||||||
11 | (13) One member of the House of Representatives, who | ||||||
12 | shall serve as co-chairperson, appointed by the Minority | ||||||
13 | Leader of the House of Representatives. | ||||||
14 | (14) One individual appointed by a labor organization | ||||||
15 | representing frontline employees at the Department of | ||||||
16 | Human Services. | ||||||
17 | The Subcommittee shall provide oversight to the Community | ||||||
18 | Care Program Medicaid Initiative and shall meet quarterly. At | ||||||
19 | each Subcommittee meeting the Department on Aging shall | ||||||
20 | provide the following data sets to the Subcommittee: (A) the | ||||||
21 | number of Illinois residents, categorized by planning and | ||||||
22 | service area, who are receiving services under the Community | ||||||
23 | Care Program and are enrolled in the State's Medical | ||||||
24 | Assistance Program; (B) the number of Illinois residents, | ||||||
25 | categorized by planning and service area, who are receiving | ||||||
26 | services under the Community Care Program, but are not |
| |||||||
| |||||||
1 | enrolled in the State's Medical Assistance Program; and (C) | ||||||
2 | the number of Illinois residents, categorized by planning and | ||||||
3 | service area, who are receiving services under the Community | ||||||
4 | Care Program and are eligible for benefits under the State's | ||||||
5 | Medical Assistance Program, but are not enrolled in the | ||||||
6 | State's Medical Assistance Program. In addition to this data, | ||||||
7 | the Department on Aging shall provide the Subcommittee with | ||||||
8 | plans on how the Department on Aging will reduce the number of | ||||||
9 | Illinois residents who are not enrolled in the State's Medical | ||||||
10 | Assistance Program but who are eligible for medical assistance | ||||||
11 | benefits. The Department on Aging shall enroll in the State's | ||||||
12 | Medical Assistance Program those Illinois residents who | ||||||
13 | receive services under the Community Care Program and are | ||||||
14 | eligible for medical assistance benefits but are not enrolled | ||||||
15 | in the State's Medicaid Assistance Program. The data provided | ||||||
16 | to the Subcommittee shall be made available to the public via | ||||||
17 | the Department on Aging's website. | ||||||
18 | The Department on Aging, with the involvement of the | ||||||
19 | Subcommittee, shall collaborate with the Department of Human | ||||||
20 | Services and the Department of Healthcare and Family Services | ||||||
21 | on how best to achieve the responsibilities of the Community | ||||||
22 | Care Program Medicaid Initiative. | ||||||
23 | The Department on Aging, the Department of Human Services, | ||||||
24 | and the Department of Healthcare and Family Services shall | ||||||
25 | coordinate and implement a streamlined process for seniors to | ||||||
26 | access benefits under the State's Medical Assistance Program. |
| |||||||
| |||||||
1 | The Subcommittee shall collaborate with the Department of | ||||||
2 | Human Services on the adoption of a uniform application | ||||||
3 | submission process. The Department of Human Services and any | ||||||
4 | other State agency involved with processing the medical | ||||||
5 | assistance application of any person enrolled in the Community | ||||||
6 | Care Program shall include the appropriate care coordination | ||||||
7 | unit in all communications related to the determination or | ||||||
8 | status of the application. | ||||||
9 | The Community Care Program Medicaid Initiative shall | ||||||
10 | provide targeted funding to care coordination units to help | ||||||
11 | seniors complete their applications for medical assistance | ||||||
12 | benefits. On and after July 1, 2019, care coordination units | ||||||
13 | shall receive no less than $200 per completed application, | ||||||
14 | which rate may be included in a bundled rate for initial intake | ||||||
15 | services when Medicaid application assistance is provided in | ||||||
16 | conjunction with the initial intake process for new program | ||||||
17 | participants. | ||||||
18 | The Community Care Program Medicaid Initiative shall cease | ||||||
19 | operation 5 years after June 4, 2018 ( the effective date of | ||||||
20 | Public Act 100-587) this amendatory Act of the 100th General | ||||||
21 | Assembly , after which the Subcommittee shall dissolve. | ||||||
22 | Effective July 1, 2023, subject to federal approval, the | ||||||
23 | Department on Aging shall reimburse Care Coordination Units at | ||||||
24 | the following rates for case management services: $252.40 for | ||||||
25 | each initial assessment; $366.40 for each initial assessment | ||||||
26 | with translation; $229.68 for each redetermination assessment; |
| |||||||
| |||||||
1 | $313.68 for each redetermination assessment with translation; | ||||||
2 | $200.00 for each completed application for medical assistance | ||||||
3 | benefits; $132.26 for each face-to-face, choices-for-care | ||||||
4 | screening; $168.26 for each face-to-face, choices-for-care | ||||||
5 | screening with translation; $124.56 for each 6-month, | ||||||
6 | face-to-face visit; $132.00 for each MCO participant | ||||||
7 | eligibility determination; and $157.00 for each MCO | ||||||
8 | participant eligibility determination with translation. | ||||||
9 | (Source: P.A. 102-1071, eff. 6-10-22; 103-8, eff. 6-7-23; | ||||||
10 | 103-102, Article 45, Section 45-5, eff. 1-1-24; 103-102, | ||||||
11 | Article 85, Section 85-5, eff. 1-1-24; 103-102, Article 90, | ||||||
12 | Section 90-5, eff. 1-1-24; revised 12-12-23.) | ||||||
13 | Article 25. | ||||||
14 | Section 25-1. Short title. This Act may be cited as the | ||||||
15 | Illinois Caregiver Assistance and Resource Portal Act. As used | ||||||
16 | in this Article, "this Act" refers to this Article. | ||||||
17 | Section 25-5. Purpose and intent. The purpose of this Act | ||||||
18 | is to establish a State-created virtual portal that features a | ||||||
19 | virtual comprehensive directory of State, federal, non-profit, | ||||||
20 | and paid resources dedicated to caregiving and Illinois' | ||||||
21 | 1,300,000 unpaid caregivers. The mission of this portal is to | ||||||
22 | provide caregivers with simplified and trusted access to an | ||||||
23 | information, support, and resource website to help caregivers |
| |||||||
| |||||||
1 | develop and implement caregiving plans for their loved ones or | ||||||
2 | friends. | ||||||
3 | Section 25-10. Establishment of the Illinois Caregiver | ||||||
4 | Assistance and Resources Portal. | ||||||
5 | (a) The Department on Aging, in consultation with the | ||||||
6 | Department of Healthcare and Family Services, the Department | ||||||
7 | of Public Health, and the Department of Veterans' Affairs, | ||||||
8 | shall be responsible for the creation and maintenance of the | ||||||
9 | Illinois Caregiver Assistance and Resource Portal (hereinafter | ||||||
10 | referred to as the "Portal"). | ||||||
11 | (b) The Portal shall serve as a centralized and trusted | ||||||
12 | online platform offering a wide range of resources related to | ||||||
13 | caregiving, including, but not limited to: | ||||||
14 | (1) Information on State and federal programs, | ||||||
15 | benefits, and resources on caregiving, long-term care, and | ||||||
16 | at-home care for Illinois residents who are 50 years of | ||||||
17 | age or older. | ||||||
18 | (2) Information from non-profit organizations | ||||||
19 | providing free-of-charge caregiving support and resources. | ||||||
20 | (3) Tools and guides for developing and implementing | ||||||
21 | caregiving plans. | ||||||
22 | (4) Direct contact information for relevant Illinois | ||||||
23 | agencies, organizations, and other State-licensed | ||||||
24 | long-term care, aging, senior support services, and | ||||||
25 | at-home care providers. |
| |||||||
| |||||||
1 | (5) Educational materials, articles, and videos on | ||||||
2 | caregiving best practices. | ||||||
3 | (6) Accommodations for users with different language | ||||||
4 | preferences, ensuring the information is accessible to | ||||||
5 | diverse audiences. | ||||||
6 | (c) By incorporating these resources, the Portal aims to | ||||||
7 | serve as a comprehensive and user-friendly hub for caregivers, | ||||||
8 | providing them with the tools, information, and support they | ||||||
9 | need to navigate the complex landscape of caregiving, nursing | ||||||
10 | home care, and at-home care and other essential resources that | ||||||
11 | are readily accessible. Additional information and resources | ||||||
12 | to be featured may include the following: | ||||||
13 | (1) Caregiving resources: A comprehensive section | ||||||
14 | dedicated to caregiving, including guides, articles, and | ||||||
15 | videos on caregiving techniques, managing caregiver | ||||||
16 | stress, and enhancing the quality of care provided. | ||||||
17 | (2) Home and community-based services: Resources, | ||||||
18 | descriptions, and opportunities on how the State supports | ||||||
19 | family caregivers, to include, but not be limited to, the | ||||||
20 | Senior HelpLine, Illinois Care Connections, the Community | ||||||
21 | Care Program, Adult Protective Services, the Illinois | ||||||
22 | Long-Term Care Ombudsman, Adult Day Services, the Home | ||||||
23 | Delivered Meals program, and all other programming and | ||||||
24 | services offered by the Department on Aging. | ||||||
25 | (3) Nursing home care: State and federal information | ||||||
26 | and online resources on nursing homes, including facility |
| |||||||
| |||||||
1 | ratings, reviews, and resources for choosing the right | ||||||
2 | nursing home based on specific needs and preferences. | ||||||
3 | (4) Area Agency on Aging: A dedicated section | ||||||
4 | highlighting the services and programs offered by Area | ||||||
5 | Agencies on Aging, including, but not limited to, | ||||||
6 | assistance with long-term care planning, nutrition, | ||||||
7 | transportation, caregiver support and need assessment, and | ||||||
8 | the address and contact information of statewide Area | ||||||
9 | Agencies on Aging and Aging and Disability Resource | ||||||
10 | Centers. | ||||||
11 | (5) At-home care: Resources and guides for at-home | ||||||
12 | care, including information on hiring caregivers, managing | ||||||
13 | in-home medical and non-medical care, and ensuring a safe | ||||||
14 | and comfortable home environment. | ||||||
15 | (6) Hospital-to-home transition: A specialized section | ||||||
16 | focusing on the transition from hospital care to | ||||||
17 | home-based care, offering tips, checklists, and resources | ||||||
18 | to ensure a smooth transition and continued recovery at | ||||||
19 | home. | ||||||
20 | (7) Contact Information: Direct contact details for | ||||||
21 | relevant agencies, organizations, and State-licensed | ||||||
22 | professionals involved in caregiving, nursing home care, | ||||||
23 | and at-home care, making it easy for users to connect with | ||||||
24 | the right resources. | ||||||
25 | (8) Medicaid coverage and resources: Information on | ||||||
26 | Medicaid coverage for long-term care services, eligibility |
| |||||||
| |||||||
1 | criteria, application procedures, and available | ||||||
2 | Medicaid-funded programs and services to support | ||||||
3 | caregivers and care recipients. | ||||||
4 | (9) Financial assistance: Details on financial | ||||||
5 | assistance programs and benefits available at the State | ||||||
6 | and federal levels, including grants, subsidies, and tax | ||||||
7 | incentives that can ease the financial burden of | ||||||
8 | caregiving. | ||||||
9 | (10) Veterans' assistance: Details on veterans' | ||||||
10 | assistance programs and benefits available at the State | ||||||
11 | and federal levels. | ||||||
12 | (11) Legal and planning Tools: Resources for legal | ||||||
13 | matters related to caregiving, such as power of attorney, | ||||||
14 | advance directives, and estate planning, and tools to help | ||||||
15 | users create and manage caregiving plans. Services offered | ||||||
16 | under this paragraph do not include the practice of law. | ||||||
17 | (12) Support groups: A directory of local caregiver | ||||||
18 | support groups and online communities where caregivers can | ||||||
19 | connect, share experiences, and receive emotional support. | ||||||
20 | Section 25-15. Accessibility and user-friendliness. | ||||||
21 | (a) The Portal shall be designed to be user-friendly and | ||||||
22 | accessible to individuals of all ages and abilities. | ||||||
23 | (b) The Portal shall include features such as search | ||||||
24 | functionality, language accessibility, and compatibility with | ||||||
25 | assistive technologies to ensure that a diverse range of |
| |||||||
| |||||||
1 | caregivers can use it. | ||||||
2 | Section 25-20. Outreach and promotion. | ||||||
3 | (a) The Department on Aging, in consultation with the | ||||||
4 | Department of Healthcare and Family Services, the Department | ||||||
5 | of Public Health, the Department of Human Services, and the | ||||||
6 | Department of Veterans' Affairs, shall undertake an outreach | ||||||
7 | and promotional campaign to raise awareness about the Portal | ||||||
8 | and its resources upon completion. | ||||||
9 | (b) The campaign shall include a digital-first strategy to | ||||||
10 | inform health care providers, social service agencies, and | ||||||
11 | community organizations about the Portal's availability. | ||||||
12 | (c) The campaign shall coordinate with the State-wide | ||||||
13 | 2-1-1 Service system administered under the 2-1-1 Service Act | ||||||
14 | in order to insure persons calling 2-1-1 telephone lines are | ||||||
15 | directed, when appropriate, to the Portal and reciprocally to | ||||||
16 | 2-1-1. | ||||||
17 | Section 25-25. Reporting and evaluation. The Department on | ||||||
18 | Aging, in consultation with the Department of Healthcare and | ||||||
19 | Family Services, the Department of Public Health, and the | ||||||
20 | Department of Veterans' Affairs, shall provide an annual | ||||||
21 | report to the General Assembly and the Governor outlining the | ||||||
22 | usage statistics, user feedback, and any necessary | ||||||
23 | improvements to the Portal. |
| |||||||
| |||||||
1 | Section 25-30. Funding. Funding for the creation, | ||||||
2 | maintenance, and promotion of the Portal shall be appropriated | ||||||
3 | from State funding and can be matched with possible federal | ||||||
4 | resources. | ||||||
5 | Section 25-35. Implementation date. The Portal shall be | ||||||
6 | available by July 1, 2025. | ||||||
7 | Article 30. | ||||||
8 | Section 30-5. The Department of Revenue Law of the Civil | ||||||
9 | Administrative Code of Illinois is amended by changing Section | ||||||
10 | 2505-810 as follows: | ||||||
11 | (20 ILCS 2505/2505-810) | ||||||
12 | Sec. 2505-810. Veterans Property Tax Relief Reimbursement | ||||||
13 | Pilot Program. | ||||||
14 | (a) Subject to appropriation, for State fiscal years that | ||||||
15 | begin on or after July 1, 2023 and before July 1, 2028, the | ||||||
16 | Department shall establish and administer a Veterans Property | ||||||
17 | Tax Relief Reimbursement Pilot Program. For purposes of the | ||||||
18 | Program, the Department shall reimburse eligible taxing | ||||||
19 | districts, in an amount calculated under subsection (c), for | ||||||
20 | revenue loss associated with providing homestead exemptions to | ||||||
21 | veterans with disabilities. A taxing district is eligible for | ||||||
22 | reimbursement under this Section if (i) application of the |
| |||||||
| |||||||
1 | homestead exemptions for veterans with disabilities under | ||||||
2 | Sections 15-165 and 15-169 of the Property Tax Code results in | ||||||
3 | a cumulative reduction of more than 2.5% in the total | ||||||
4 | equalized assessed value of all taxable property in the taxing | ||||||
5 | district, when compared with the total equalized assessed | ||||||
6 | value of all taxable property in the taxing district prior to | ||||||
7 | the application of those exemptions, for the taxable year that | ||||||
8 | is 2 years before the start of the State fiscal year in which | ||||||
9 | the application for reimbursement is made and (ii) the taxing | ||||||
10 | district is located in whole or in part in a county that | ||||||
11 | contains a United States military base. Reimbursement payments | ||||||
12 | shall be made to the county that applies to the Department of | ||||||
13 | Revenue on behalf of the taxing district under subsection (b) | ||||||
14 | and shall be distributed by the county to the taxing district | ||||||
15 | as directed by the Department of Revenue. | ||||||
16 | (b) If the county clerk determines that one or more taxing | ||||||
17 | districts located in whole or in part in the county qualify for | ||||||
18 | reimbursement under this Section, then the county clerk shall | ||||||
19 | apply to the Department of Revenue on behalf of the taxing | ||||||
20 | district for reimbursement under this Section in the form and | ||||||
21 | manner required by the Department. The county clerk shall | ||||||
22 | consolidate applications submitted on behalf of more than one | ||||||
23 | taxing district into a single application. The Department of | ||||||
24 | Revenue may audit the information submitted by the county | ||||||
25 | clerk as part of the application under this Section for the | ||||||
26 | purpose of verifying the accuracy of that information. |
| |||||||
| |||||||
1 | (c) Subject to the maximum aggregate reimbursement amount | ||||||
2 | set forth in this subsection, the amount of the reimbursement | ||||||
3 | shall be as follows: | ||||||
4 | (1) for reimbursements awarded for the fiscal year | ||||||
5 | that begins on July 1, 2023, 50% of the product generated | ||||||
6 | by multiplying 90% of the total dollar amount of | ||||||
7 | exemptions granted for taxable year 2021 under Section | ||||||
8 | 15-165 or Section 15-169 of the Property Tax Code to | ||||||
9 | property located in the taxing district by the taxing | ||||||
10 | district's property tax rate for taxable year 2021; and | ||||||
11 | (2) for reimbursements awarded for fiscal years that | ||||||
12 | begin on or after July 1, 2024 and begin before July 1, | ||||||
13 | 2028, 100% of the product generated by multiplying 90% of | ||||||
14 | the total dollar amount of exemptions granted for the base | ||||||
15 | year under Section 15-165 or Section 15-169 of the | ||||||
16 | Property Tax Code to property located in the taxing | ||||||
17 | district by the taxing district's property tax rate for | ||||||
18 | the base year. | ||||||
19 | The aggregate amount of reimbursements that may be awarded | ||||||
20 | under this Section for all taxing districts in any calendar | ||||||
21 | year may not exceed the lesser of $30,000,000 $15,000,000 or | ||||||
22 | the amount appropriated for the program for that calendar | ||||||
23 | year. If the total amount of eligible reimbursements under | ||||||
24 | this Section exceeds the lesser of $30,000,000 $15,000,000 or | ||||||
25 | the amount appropriated for the program for that calendar | ||||||
26 | year, then the reimbursement amount awarded to each particular |
| |||||||
| |||||||
1 | taxing district shall be reduced on a pro rata basis until the | ||||||
2 | aggregate amount of reimbursements awarded under this Section | ||||||
3 | for the calendar year does not exceed the lesser of | ||||||
4 | $30,000,000 $15,000,000 or the amount appropriated for the | ||||||
5 | program for the calendar year. | ||||||
6 | (d) The Department of Revenue may adopt rules necessary | ||||||
7 | for the implementation of this Section. | ||||||
8 | (e) As used in this Section: | ||||||
9 | "Base year" means the taxable year that is 2 years before | ||||||
10 | the start of the State fiscal year in which the application for | ||||||
11 | reimbursement is made. | ||||||
12 | "Taxable year" means the calendar year during which | ||||||
13 | property taxes payable in the next succeeding year are levied. | ||||||
14 | "Taxing district" has the meaning given to that term in | ||||||
15 | Section 1-150 of the Property Tax Code. | ||||||
16 | (Source: P.A. 103-8, eff. 6-7-23.) | ||||||
17 | Article 35. | ||||||
18 | Section 35-5. The Illinois Horse Racing Act of 1975 is | ||||||
19 | amended by changing Section 31 as follows: | ||||||
20 | (230 ILCS 5/31) (from Ch. 8, par. 37-31) | ||||||
21 | Sec. 31. (a) The General Assembly declares that it is the | ||||||
22 | policy of this State to encourage the breeding of standardbred | ||||||
23 | horses in this State and the ownership of such horses by |
| |||||||
| |||||||
1 | residents of this State in order to provide for: sufficient | ||||||
2 | numbers of high quality standardbred horses to participate in | ||||||
3 | harness racing meetings in this State, and to establish and | ||||||
4 | preserve the agricultural and commercial benefits of such | ||||||
5 | breeding and racing industries to the State of Illinois. It is | ||||||
6 | the intent of the General Assembly to further this policy by | ||||||
7 | the provisions of this Section of this Act. | ||||||
8 | (b) Each organization licensee conducting a harness racing | ||||||
9 | meeting pursuant to this Act shall provide for at least two | ||||||
10 | races each race program limited to Illinois conceived and | ||||||
11 | foaled horses. A minimum of 6 races shall be conducted each | ||||||
12 | week limited to Illinois conceived and foaled horses. No | ||||||
13 | horses shall be permitted to start in such races unless duly | ||||||
14 | registered under the rules of the Department of Agriculture. | ||||||
15 | (b-5) Organization licensees, not including the Illinois | ||||||
16 | State Fair or the DuQuoin State Fair, shall provide stake | ||||||
17 | races and early closer races for Illinois conceived and foaled | ||||||
18 | horses so that purses distributed for such races shall be no | ||||||
19 | less than 17% of total purses distributed for harness racing | ||||||
20 | in that calendar year in addition to any stakes payments and | ||||||
21 | starting fees contributed by horse owners. | ||||||
22 | (b-10) Each organization licensee conducting a harness | ||||||
23 | racing meeting pursuant to this Act shall provide an owner | ||||||
24 | award to be paid from the purse account equal to 12% of the | ||||||
25 | amount earned by Illinois conceived and foaled horses | ||||||
26 | finishing in the first 3 positions in races that are not |
| |||||||
| |||||||
1 | restricted to Illinois conceived and foaled horses. The owner | ||||||
2 | awards shall not be paid on races below the $10,000 claiming | ||||||
3 | class. | ||||||
4 | (c) Conditions of races under subsection (b) shall be | ||||||
5 | commensurate with past performance, quality , and class of | ||||||
6 | Illinois conceived and foaled horses available. If, however, | ||||||
7 | sufficient competition cannot be had among horses of that | ||||||
8 | class on any day, the races may, with consent of the Board, be | ||||||
9 | eliminated for that day and substitute races provided. | ||||||
10 | (d) There is hereby created a special fund of the State | ||||||
11 | treasury Treasury to be known as the Illinois Standardbred | ||||||
12 | Breeders Fund. Beginning on June 28, 2019 (the effective date | ||||||
13 | of Public Act 101-31), the Illinois Standardbred Breeders Fund | ||||||
14 | shall become a non-appropriated trust fund held separate and | ||||||
15 | apart from State moneys. Expenditures from this Fund shall no | ||||||
16 | longer be subject to appropriation. | ||||||
17 | During the calendar year 1981, and each year thereafter, | ||||||
18 | except as provided in subsection (g) of Section 27 of this Act, | ||||||
19 | eight and one-half per cent of all the monies received by the | ||||||
20 | State as privilege taxes on harness racing meetings shall be | ||||||
21 | paid into the Illinois Standardbred Breeders Fund. | ||||||
22 | (e) Notwithstanding any provision of law to the contrary, | ||||||
23 | amounts deposited into the Illinois Standardbred Breeders Fund | ||||||
24 | from revenues generated by gaming pursuant to an organization | ||||||
25 | gaming license issued under the Illinois Gambling Act after | ||||||
26 | June 28, 2019 (the effective date of Public Act 101-31) shall |
| |||||||
| |||||||
1 | be in addition to tax and fee amounts paid under this Section | ||||||
2 | for calendar year 2019 and thereafter. The Illinois | ||||||
3 | Standardbred Breeders Fund shall be administered by the | ||||||
4 | Department of Agriculture with the assistance and advice of | ||||||
5 | the Advisory Board created in subsection (f) of this Section. | ||||||
6 | (f) The Illinois Standardbred Breeders Fund Advisory Board | ||||||
7 | is hereby created. The Advisory Board shall consist of the | ||||||
8 | Director of the Department of Agriculture, who shall serve as | ||||||
9 | Chairman; the Superintendent of the Illinois State Fair; a | ||||||
10 | member of the Illinois Racing Board, designated by it; a | ||||||
11 | representative of the largest association of Illinois | ||||||
12 | standardbred owners and breeders, recommended by it; a | ||||||
13 | representative of a statewide association representing | ||||||
14 | agricultural fairs in Illinois, recommended by it, such | ||||||
15 | representative to be from a fair at which Illinois conceived | ||||||
16 | and foaled racing is conducted; a representative of the | ||||||
17 | organization licensees conducting harness racing meetings, | ||||||
18 | recommended by them; a representative of the Breeder's | ||||||
19 | Committee of the association representing the largest number | ||||||
20 | of standardbred owners, breeders, trainers, caretakers, and | ||||||
21 | drivers, recommended by it; and a representative of the | ||||||
22 | association representing the largest number of standardbred | ||||||
23 | owners, breeders, trainers, caretakers, and drivers, | ||||||
24 | recommended by it. Advisory Board members shall serve for 2 | ||||||
25 | years commencing January 1 of each odd numbered year. If | ||||||
26 | representatives of the largest association of Illinois |
| |||||||
| |||||||
1 | standardbred owners and breeders, a statewide association of | ||||||
2 | agricultural fairs in Illinois, the association representing | ||||||
3 | the largest number of standardbred owners, breeders, trainers, | ||||||
4 | caretakers, and drivers, a member of the Breeder's Committee | ||||||
5 | of the association representing the largest number of | ||||||
6 | standardbred owners, breeders, trainers, caretakers, and | ||||||
7 | drivers, and the organization licensees conducting harness | ||||||
8 | racing meetings have not been recommended by January 1 of each | ||||||
9 | odd numbered year, the Director of the Department of | ||||||
10 | Agriculture shall make an appointment for the organization | ||||||
11 | failing to so recommend a member of the Advisory Board. | ||||||
12 | Advisory Board members shall receive no compensation for their | ||||||
13 | services as members but shall be reimbursed for all actual and | ||||||
14 | necessary expenses and disbursements incurred in the execution | ||||||
15 | of their official duties. | ||||||
16 | (g) Monies expended from the Illinois Standardbred | ||||||
17 | Breeders Fund shall be expended by the Department of | ||||||
18 | Agriculture, with the assistance and advice of the Illinois | ||||||
19 | Standardbred Breeders Fund Advisory Board for the following | ||||||
20 | purposes only: | ||||||
21 | 1. To provide purses for races limited to Illinois | ||||||
22 | conceived and foaled horses at the State Fair and the | ||||||
23 | DuQuoin State Fair. | ||||||
24 | 2. To provide purses for races limited to Illinois | ||||||
25 | conceived and foaled horses at county fairs. | ||||||
26 | 3. To provide purse supplements for races limited to |
| |||||||
| |||||||
1 | Illinois conceived and foaled horses conducted by | ||||||
2 | associations conducting harness racing meetings. | ||||||
3 | 4. No less than 75% of all monies in the Illinois | ||||||
4 | Standardbred Breeders Fund shall be expended for purses in | ||||||
5 | 1, 2, and 3 as shown above. | ||||||
6 | 5. In the discretion of the Department of Agriculture | ||||||
7 | to provide awards to harness breeders of Illinois | ||||||
8 | conceived and foaled horses which win races conducted by | ||||||
9 | organization licensees conducting harness racing meetings. | ||||||
10 | A breeder is the owner of a mare at the time of conception. | ||||||
11 | No more than 10% of all moneys transferred into the | ||||||
12 | Illinois Standardbred Breeders Fund shall be expended for | ||||||
13 | such harness breeders awards. No more than 25% of the | ||||||
14 | amount expended for harness breeders awards shall be | ||||||
15 | expended for expenses incurred in the administration of | ||||||
16 | such harness breeders awards. | ||||||
17 | 6. To pay for the improvement of racing facilities | ||||||
18 | located at the State Fair and County fairs. | ||||||
19 | 7. To pay the expenses incurred in the administration | ||||||
20 | of the Illinois Standardbred Breeders Fund. | ||||||
21 | 8. To promote the sport of harness racing, including | ||||||
22 | grants up to a maximum of $7,500 per fair per year for | ||||||
23 | conducting pari-mutuel wagering during the advertised | ||||||
24 | dates of a county fair. | ||||||
25 | 9. To pay up to $50,000 annually for the Department of | ||||||
26 | Agriculture to conduct drug testing at county fairs racing |
| |||||||
| |||||||
1 | standardbred horses. | ||||||
2 | (h) The Illinois Standardbred Breeders Fund is not subject | ||||||
3 | to administrative charges or chargebacks, including, but not | ||||||
4 | limited to, those authorized under Section 8h of the State | ||||||
5 | Finance Act. | ||||||
6 | (i) A sum equal to 13% of the first prize money of the | ||||||
7 | gross purse won by an Illinois conceived and foaled horse | ||||||
8 | shall be paid 50% by the organization licensee conducting the | ||||||
9 | horse race meeting to the breeder of such winning horse from | ||||||
10 | the organization licensee's account and 50% from the purse | ||||||
11 | account of the licensee. Such payment shall not reduce any | ||||||
12 | award to the owner of the horse or reduce the taxes payable | ||||||
13 | under this Act. Such payment shall be delivered by the | ||||||
14 | organization licensee at the end of each quarter. | ||||||
15 | (j) The Department of Agriculture shall, by rule, with the | ||||||
16 | assistance and advice of the Illinois Standardbred Breeders | ||||||
17 | Fund Advisory Board: | ||||||
18 | 1. Qualify stallions for Illinois Standardbred | ||||||
19 | Breeders Fund breeding. Such stallion shall stand for | ||||||
20 | service at and within the State of Illinois at the time of | ||||||
21 | a foal's conception, and such stallion must not stand for | ||||||
22 | service at any place outside the State of Illinois during | ||||||
23 | that calendar year in which the foal is conceived. | ||||||
24 | However, on and after January 1, 2018, semen from an | ||||||
25 | Illinois stallion may be transported outside the State of | ||||||
26 | Illinois. |
| |||||||
| |||||||
1 | 2. Provide for the registration of Illinois conceived | ||||||
2 | and foaled horses and no such horse shall compete in the | ||||||
3 | races limited to Illinois conceived and foaled horses | ||||||
4 | unless registered with the Department of Agriculture. The | ||||||
5 | Department of Agriculture may prescribe such forms as may | ||||||
6 | be necessary to determine the eligibility of such horses. | ||||||
7 | No person shall knowingly prepare or cause preparation of | ||||||
8 | an application for registration of such foals containing | ||||||
9 | false information. A mare (dam) must be in the State at | ||||||
10 | least 30 days prior to foaling or remain in the State at | ||||||
11 | least 30 days at the time of foaling. However, the | ||||||
12 | requirement that a mare (dam) must be in the State at least | ||||||
13 | 30 days before foaling or remain in the State at least 30 | ||||||
14 | days at the time of foaling shall not be in effect from | ||||||
15 | January 1, 2018 until January 1, 2022. Beginning with the | ||||||
16 | 1996 breeding season and for foals of 1997 and thereafter, | ||||||
17 | a foal conceived by transported semen may be eligible for | ||||||
18 | Illinois conceived and foaled registration provided all | ||||||
19 | breeding and foaling requirements are met. The stallion | ||||||
20 | must be qualified for Illinois Standardbred Breeders Fund | ||||||
21 | breeding at the time of conception. The foal must be | ||||||
22 | dropped in Illinois and properly registered with the | ||||||
23 | Department of Agriculture in accordance with this Act. | ||||||
24 | However, from January 1, 2018 until January 1, 2022, the | ||||||
25 | requirement for a mare to be inseminated within the State | ||||||
26 | of Illinois and the requirement for a foal to be dropped in |
| |||||||
| |||||||
1 | Illinois are inapplicable. | ||||||
2 | 3. Provide that at least a 5-day racing program shall | ||||||
3 | be conducted at the State Fair each year, unless an | ||||||
4 | alternate racing program is requested by the Illinois | ||||||
5 | Standardbred Breeders Fund Advisory Board, which program | ||||||
6 | shall include at least the following races limited to | ||||||
7 | Illinois conceived and foaled horses: (a) a 2-year-old | ||||||
8 | Trot and Pace, and Filly Division of each; (b) a | ||||||
9 | 3-year-old Trot and Pace, and Filly Division of each; (c) | ||||||
10 | an aged Trot and Pace, and Mare Division of each. | ||||||
11 | 4. Provide for the payment of nominating, sustaining , | ||||||
12 | and starting fees for races promoting the sport of harness | ||||||
13 | racing and for the races to be conducted at the State Fair | ||||||
14 | as provided in paragraph subsection (j) 3 of this | ||||||
15 | subsection Section provided that the nominating, | ||||||
16 | sustaining , and starting payment required from an entrant | ||||||
17 | shall not exceed 2% of the purse of such race. All | ||||||
18 | nominating, sustaining , and starting payments shall be | ||||||
19 | held for the benefit of entrants and shall be paid out as | ||||||
20 | part of the respective purses for such races. Nominating, | ||||||
21 | sustaining , and starting fees shall be held in trust | ||||||
22 | accounts for the purposes as set forth in this Act and in | ||||||
23 | accordance with Section 205-15 of the Department of | ||||||
24 | Agriculture Law. | ||||||
25 | 5. Provide for the registration with the Department of | ||||||
26 | Agriculture of Colt Associations or county fairs desiring |
| |||||||
| |||||||
1 | to sponsor races at county fairs. | ||||||
2 | 6. Provide for the promotion of producing standardbred | ||||||
3 | racehorses by providing a bonus award program for owners | ||||||
4 | of 2-year-old horses that win multiple major stakes races | ||||||
5 | that are limited to Illinois conceived and foaled horses. | ||||||
6 | (k) The Department of Agriculture, with the advice and | ||||||
7 | assistance of the Illinois Standardbred Breeders Fund Advisory | ||||||
8 | Board, may allocate monies for purse supplements for such | ||||||
9 | races. In determining whether to allocate money and the | ||||||
10 | amount, the Department of Agriculture shall consider factors, | ||||||
11 | including, but not limited to, the amount of money transferred | ||||||
12 | into the Illinois Standardbred Breeders Fund, the number of | ||||||
13 | races that may occur, and an organization licensee's purse | ||||||
14 | structure. The organization licensee shall notify the | ||||||
15 | Department of Agriculture of the conditions and minimum purses | ||||||
16 | for races limited to Illinois conceived and foaled horses to | ||||||
17 | be conducted by each organization licensee conducting a | ||||||
18 | harness racing meeting for which purse supplements have been | ||||||
19 | negotiated. | ||||||
20 | (l) All races held at county fairs and the State Fair which | ||||||
21 | receive funds from the Illinois Standardbred Breeders Fund | ||||||
22 | shall be conducted in accordance with the rules of the United | ||||||
23 | States Trotting Association unless otherwise modified by the | ||||||
24 | Department of Agriculture. | ||||||
25 | (m) At all standardbred race meetings held or conducted | ||||||
26 | under authority of a license granted by the Board, and at all |
| |||||||
| |||||||
1 | standardbred races held at county fairs which are approved by | ||||||
2 | the Department of Agriculture or at the Illinois or DuQuoin | ||||||
3 | State Fairs, no one shall jog, train, warm up , or drive a | ||||||
4 | standardbred horse unless he or she is wearing a protective | ||||||
5 | safety helmet, with the chin strap fastened and in place, | ||||||
6 | which meets the standards and requirements as set forth in the | ||||||
7 | 1984 Standard for Protective Headgear for Use in Harness | ||||||
8 | Racing and Other Equestrian Sports published by the Snell | ||||||
9 | Memorial Foundation, or any standards and requirements for | ||||||
10 | headgear the Illinois Racing Board may approve. Any other | ||||||
11 | standards and requirements so approved by the Board shall | ||||||
12 | equal or exceed those published by the Snell Memorial | ||||||
13 | Foundation. Any equestrian helmet bearing the Snell label | ||||||
14 | shall be deemed to have met those standards and requirements. | ||||||
15 | (n) In addition to any other transfer that may be provided | ||||||
16 | for by law, as soon as practical after the effective date of | ||||||
17 | the changes made to this Section by this amendatory Act of the | ||||||
18 | 103rd General Assembly, but no later than July 3, 2024 the | ||||||
19 | State Comptroller shall direct and the State Treasurer shall | ||||||
20 | transfer the sum of $2,000,000 from the Fair and Exposition | ||||||
21 | Fund to the Illinois Standardbred Breeders Fund. | ||||||
22 | (Source: P.A. 102-558, eff. 8-20-21; 102-689, eff. 12-17-21; | ||||||
23 | 103-8, eff. 6-7-23; revised 9-26-23.) | ||||||
24 | Article 40. |
| |||||||
| |||||||
1 | Section 40-5. The University of Illinois Act is amended by | ||||||
2 | adding Section 180 as follows: | ||||||
3 | (110 ILCS 305/180 new) | ||||||
4 | Sec. 180. Innovation center. The Board of Trustees, | ||||||
5 | directly or in cooperation with the University of Illinois at | ||||||
6 | Springfield Innovation Center partners, which shall consist of | ||||||
7 | other institutions of higher education, not-for-profit | ||||||
8 | organizations, businesses, and local governments, may finance, | ||||||
9 | design, construct, enlarge, improve, equip, complete, operate, | ||||||
10 | control, and manage a University of Illinois at Springfield | ||||||
11 | Innovation Center (UIS Innovation Center), which is a facility | ||||||
12 | or facilities dedicated to fostering and supporting innovation | ||||||
13 | in academics, entrepreneurship, workforce development, policy | ||||||
14 | development, and non-profit or philanthropic activities. | ||||||
15 | Notwithstanding any other provision of law, the UIS Innovation | ||||||
16 | Center (1) may be located on land owned by the Board of | ||||||
17 | Trustees or a University of Illinois at Springfield Innovation | ||||||
18 | Center partner; and (2) shall have costs incurred in | ||||||
19 | connection with the design, construction, enlargement, | ||||||
20 | improvement, equipping, and completion of the business | ||||||
21 | incubation and innovation facilities paid with funds | ||||||
22 | appropriated to the Capital Development Board from the Build | ||||||
23 | Illinois Bond Fund for a grant to the Board of Trustees for the | ||||||
24 | UIS Innovation Center. If the UIS Innovation Center is located | ||||||
25 | on land owned by a University of Illinois at Springfield |
| |||||||
| |||||||
1 | Innovation Center partner, the Board of Trustees must have an | ||||||
2 | ownership interest in the facility or facilities or a portion | ||||||
3 | thereof. An ownership interest shall bear a reasonable | ||||||
4 | relationship to the proportional share of the costs paid by | ||||||
5 | such grant funds for a term equal to at least the useful life | ||||||
6 | of the innovation facilities. | ||||||
7 | Article 45. | ||||||
8 | Section 45-5. The Childhood Hunger Relief Act is amended | ||||||
9 | by changing Section 15 and by adding Section 18 as follows: | ||||||
10 | (105 ILCS 126/15) | ||||||
11 | Sec. 15. School breakfast program. | ||||||
12 | (a) The board of education of each school district in this | ||||||
13 | State shall implement and operate a school breakfast program | ||||||
14 | in the next school year, if a breakfast program does not | ||||||
15 | currently exist, in accordance with federal guidelines in each | ||||||
16 | school building within its district in which at least 40% or | ||||||
17 | more of the students are eligible for free or reduced-price | ||||||
18 | lunches based upon the current year's October claim (for those | ||||||
19 | schools that participate in the National School Lunch Program) | ||||||
20 | or in which at least 40% or more of the students are classified | ||||||
21 | as low-income according to the Fall Housing Data from the | ||||||
22 | previous year (for those schools that do not participate in | ||||||
23 | the National School Lunch Program). |
| |||||||
| |||||||
1 | (b) School districts may charge students who do not meet | ||||||
2 | federal criteria for free school meals for the breakfasts | ||||||
3 | served to these students within the allowable limits set by | ||||||
4 | federal regulations. | ||||||
5 | (c) School breakfast programs established under this | ||||||
6 | Section shall be supported entirely by federal funds and | ||||||
7 | commodities, charges to students and other participants, and | ||||||
8 | other available State and local resources, including under the | ||||||
9 | School Breakfast and Lunch Program Act. Allowable costs for | ||||||
10 | reimbursement to school districts, in accordance with the | ||||||
11 | United States Department of Agriculture, include compensation | ||||||
12 | of employees for the time devoted and identified specifically | ||||||
13 | to implement the school breakfast program; the cost of | ||||||
14 | materials acquired, consumed, or expended specifically to | ||||||
15 | implement the school breakfast program; equipment and other | ||||||
16 | approved capital expenditures necessary to implement the | ||||||
17 | school breakfast program; and transportation expenses incurred | ||||||
18 | specifically to implement and operate the school breakfast | ||||||
19 | program. | ||||||
20 | (d) A school district shall be allowed to opt out a school | ||||||
21 | or schools from the school breakfast program requirement of | ||||||
22 | this Section if it is determined that, due to circumstances | ||||||
23 | specific to that school district, the expense reimbursement | ||||||
24 | would not fully cover the costs of implementing and operating | ||||||
25 | a school breakfast program. The school district shall petition | ||||||
26 | its regional superintendent of schools by February 15 of each |
| |||||||
| |||||||
1 | year to request to be exempt from operating the school | ||||||
2 | breakfast program in the school or schools in the next school | ||||||
3 | year. The petition shall include all legitimate costs | ||||||
4 | associated with implementing and operating a school breakfast | ||||||
5 | program, the estimated reimbursement from State and federal | ||||||
6 | sources, and any unique circumstances the school district can | ||||||
7 | verify that exist that would cause the implementation and | ||||||
8 | operation of such a program to be cost prohibitive. | ||||||
9 | The regional superintendent of schools shall review the | ||||||
10 | petition. In accordance with the Open Meetings Act, he or she | ||||||
11 | shall convene a public hearing to hear testimony from the | ||||||
12 | school district and interested community members. The regional | ||||||
13 | superintendent shall, by March 15 of each year, inform the | ||||||
14 | school district of his or her decision, along with the reasons | ||||||
15 | why the exemption was granted or denied, in writing. The | ||||||
16 | regional superintendent must also send notification to the | ||||||
17 | State Board of Education detailing which schools requested an | ||||||
18 | exemption and the results. If the regional superintendent | ||||||
19 | grants an exemption to the school district, then the school | ||||||
20 | district is relieved from the requirement to establish and | ||||||
21 | implement a school breakfast program in the school or schools | ||||||
22 | granted an exemption for the next school year. | ||||||
23 | If the regional superintendent of schools does not grant | ||||||
24 | an exemption, then the school district shall implement and | ||||||
25 | operate a school breakfast program in accordance with this | ||||||
26 | Section by the first student attendance day of the next school |
| |||||||
| |||||||
1 | year. However, the school district or a resident of the school | ||||||
2 | district may by April 15 appeal the decision of the regional | ||||||
3 | superintendent to the State Superintendent of Education. The | ||||||
4 | State Superintendent shall hear appeals on the decisions of | ||||||
5 | regional superintendents of schools no later than May 15 of | ||||||
6 | each year. The State Superintendent shall make a final | ||||||
7 | decision at the conclusion of the hearing on the school | ||||||
8 | district's request for an exemption from the school breakfast | ||||||
9 | program requirement. If the State Superintendent grants an | ||||||
10 | exemption, then the school district is relieved from the | ||||||
11 | requirement to implement and operate a school breakfast | ||||||
12 | program in the school or schools granted an exemption for the | ||||||
13 | next school year. If the State Superintendent does not grant | ||||||
14 | an exemption, then the school district shall implement and | ||||||
15 | operate a school breakfast program in accordance with this | ||||||
16 | Section by the first student attendance day of the next school | ||||||
17 | year. | ||||||
18 | A school district may not attempt to opt out a school or | ||||||
19 | schools from the school breakfast program requirement of this | ||||||
20 | Section by requesting a waiver under Section 2-3.25g of the | ||||||
21 | School Code. | ||||||
22 | (e) For all schools operating a school breakfast program, | ||||||
23 | the State Board of Education shall collect information about | ||||||
24 | whether the school is operating a breakfast after the bell | ||||||
25 | program under Section 16 and, if so, what breakfast after the | ||||||
26 | bell model the school operates, including breakfast in the |
| |||||||
| |||||||
1 | classroom, second chance breakfast, and grab and go breakfast. | ||||||
2 | The State Board of Education shall make this data publicly | ||||||
3 | available annually. | ||||||
4 | (Source: P.A. 96-158, eff. 8-7-09.) | ||||||
5 | (105 ILCS 126/18 new) | ||||||
6 | Sec. 18. Breakfast after the bell grant program. | ||||||
7 | (a) Subject to appropriation, the State Board of Education | ||||||
8 | shall award grants of up to $7,000 per school site on a | ||||||
9 | competitive basis to eligible schools, school districts, or | ||||||
10 | entities approved by the State Board of Education for | ||||||
11 | nonrecurring expenses incurred in initiating a school | ||||||
12 | breakfast program under Section 16. | ||||||
13 | Grants awarded under this Section shall be used for | ||||||
14 | nonrecurring costs of initiating a breakfast after the bell | ||||||
15 | program, including, but not limited to, the acquisition of | ||||||
16 | equipment, training of staff in new capacities, outreach | ||||||
17 | efforts to publicize new or expanded school breakfast | ||||||
18 | programs, minor alterations to accommodate new equipment, | ||||||
19 | computer point-of-service systems for food service, and the | ||||||
20 | purchase of vehicles for transporting food to schools. | ||||||
21 | (b) In making grant awards under this Section, the State | ||||||
22 | Board of Education shall give a preference to grant applicants | ||||||
23 | that do all of the following: | ||||||
24 | (1) Submit to the State Board of Education a plan to | ||||||
25 | start or expand school breakfast programs in the school |
| |||||||
| |||||||
1 | district or the educational service region, including a | ||||||
2 | description of the following: | ||||||
3 | (A) a description of each eligible school site's | ||||||
4 | breakfast program under Section 16, including which | ||||||
5 | school and school district stakeholders have been | ||||||
6 | engaged in the development of the program, including | ||||||
7 | but not limited to superintendent, principal, business | ||||||
8 | manager, school food service personnel, school nurse, | ||||||
9 | teachers, and janitorial staff; | ||||||
10 | (B) a budget outlining the nonrecurring expenses | ||||||
11 | needed to initiate a program at each school site; and | ||||||
12 | (C) any public or private resources that have been | ||||||
13 | assembled to carry out expansion of school breakfast | ||||||
14 | programs during the school year. | ||||||
15 | (2) Agree to operate a school breakfast program under | ||||||
16 | Section 16 for a period of not less than 3 school years. | ||||||
17 | (3) Have higher rates of free or reduced-price | ||||||
18 | eligible students. | ||||||
19 | Article 99. | ||||||
20 | Section 99-97. Severability. The provisions of this Act | ||||||
21 | are severable under Section 1.31 of the Statute on Statutes. | ||||||
22 | Section 99-99. Effective date. This Act takes effect upon | ||||||
23 | becoming law, except that Sections 3-15, 3-20, 3-25, 3-27, |
| |||||||
| |||||||
1 | 3-45, 3-50, and 3-60 and Article 45 take effect July 1, 2024 | ||||||
2 | and Sections 3-7, 3-11, 3-30, 3-55, and 3-57 take effect | ||||||
3 | January 1, 2025.". |