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Public Act 102-0016 |
SB2017 Enrolled | LRB102 16155 CPF 22006 b |
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AN ACT concerning State government.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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ARTICLE 1. SHORT TITLE; PURPOSE |
Section 1-1. Short title. This Act may be cited as the |
FY2022 Budget Implementation Act. |
Section 1-5. Purpose. It is the purpose of this Act to make |
changes in State programs that are necessary to implement the |
State budget for Fiscal Year 2022. |
ARTICLE 2. STATE FINANCE ACT AMENDMENTS AFFECTING THE FISCAL |
YEAR 2022 BUDGET |
Section 2-5. The State Finance Act is amended by changing |
Sections 5.67, 5.176, 5.177, 5.857, 5h.5, 6z-6, 6z-32, 6z-63, |
6z-70, 6z-77, 6z-82, 6z-100, 6z-121, 6z-122, 8.3, 8.12, |
8.25-4, 8.25e, 8g, 8g-1, 13.2, and 25 and by adding Sections |
5.938, 5.939, and 6z-128 as follows:
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(30 ILCS 105/5.67) (from Ch. 127, par. 141.67)
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Sec. 5.67.
The Metropolitan Exposition, Auditorium and |
Office
Building Fund. This Section is repealed June 30, 2021.
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(Source: P.A. 81-1509.)
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(30 ILCS 105/5.176) (from Ch. 127, par. 141.176)
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Sec. 5.176. The Illinois Civic Center Bond Fund. This |
Section is repealed June 30, 2021. |
(Source: P.A. 84-1308.)
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(30 ILCS 105/5.177) (from Ch. 127, par. 141.177)
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Sec. 5.177.
The Illinois Civic Center Bond Retirement and
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Interest Fund. This Section is repealed June 30, 2021.
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(Source: P.A. 84-1308.)
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(30 ILCS 105/5.857) |
(Section scheduled to be repealed on July 1, 2021) |
Sec. 5.857. The Capital Development Board Revolving Fund. |
This Section is repealed July 1, 2022 2021 .
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(Source: P.A. 100-23, eff. 7-6-17; 100-587, eff. 6-4-18; |
101-10, eff. 6-5-19; 101-645, eff. 6-26-20.) |
(30 ILCS 105/5.938 new) |
Sec. 5.938. The DoIT Special Projects Fund. |
(30 ILCS 105/5.939 new) |
Sec. 5.939. The Essential Government Services Support |
Fund. |
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(30 ILCS 105/5h.5) |
Sec. 5h.5. Cash flow borrowing and general funds |
liquidity; Fiscal Years 2018, 2019, 2020, and 2021 , and 2022 . |
(a) In order to meet cash flow deficits and to maintain |
liquidity in general funds and the Health Insurance Reserve |
Fund, on and after July 1, 2017 and through June 30, 2022 2021 , |
the State Treasurer and the State Comptroller, in consultation |
with the Governor's Office of Management and Budget, shall |
make transfers to general funds and the Health Insurance |
Reserve Fund, as directed by the State Comptroller, out of |
special funds of the State, to the extent allowed by federal |
law. |
No such transfer may reduce the cumulative balance of all |
of the special funds of the State to an amount less than the |
total debt service payable during the 12 months immediately |
following the date of the transfer on any bonded indebtedness |
of the State and any certificates issued under the Short Term |
Borrowing Act. At no time shall the outstanding total |
transfers made from the special funds of the State to general |
funds and the Health Insurance Reserve Fund under this Section |
exceed $1,500,000,000; once the amount of $1,500,000,000 has |
been transferred from the special funds of the State to |
general funds and the Health Insurance Reserve Fund, |
additional transfers may be made from the special funds of the |
State to general funds and the Health Insurance Reserve Fund |
under this Section only to the extent that moneys have first |
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been re-transferred from general funds and the Health |
Insurance Reserve Fund to those special funds of the State. |
Notwithstanding any other provision of this Section, no such |
transfer may be made from any special fund that is exclusively |
collected by or directly appropriated to any other |
constitutional officer without the written approval of that |
constitutional officer. |
(b) If moneys have been transferred to general funds and |
the Health Insurance Reserve Fund pursuant to subsection (a) |
of this Section, Public Act 100-23 shall constitute the |
continuing authority for and direction to the State Treasurer |
and State Comptroller to reimburse the funds of origin from |
general funds by transferring to the funds of origin, at such |
times and in such amounts as directed by the Comptroller when |
necessary to support appropriated expenditures from the funds, |
an amount equal to that transferred from them plus any |
interest that would have accrued thereon had the transfer not |
occurred, except that any moneys transferred pursuant to |
subsection (a) of this Section shall be repaid to the fund of |
origin within 60 48 months after the date on which they were |
borrowed. When any of the funds from which moneys have been |
transferred pursuant to subsection (a) have insufficient cash |
from which the State Comptroller may make expenditures |
properly supported by appropriations from the fund, then the |
State Treasurer and State Comptroller shall transfer from |
general funds to the fund only such amount as is immediately |
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necessary to satisfy outstanding expenditure obligations on a |
timely basis. |
(c) On the first day of each quarterly period in each |
fiscal year, until such time as a report indicates that all |
moneys borrowed and interest pursuant to this Section have |
been repaid, the Comptroller shall provide to the President |
and the Minority Leader of the Senate, the Speaker and the |
Minority Leader of the House of Representatives, and the |
Commission on Government Forecasting and Accountability a |
report on all transfers made pursuant to this Section in the |
prior quarterly period. The report must be provided in |
electronic format. The report must include all of the |
following: |
(1) the date each transfer was made; |
(2) the amount of each transfer; |
(3) in the case of a transfer from general funds to a |
fund of origin pursuant to subsection (b) of this Section, |
the amount of interest being paid to the fund of origin; |
and |
(4) the end of day balance of the fund of origin, the |
general funds, and the Health Insurance Reserve Fund on |
the date the transfer was made.
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(Source: P.A. 100-23, eff. 7-6-17; 100-587, eff. 6-4-18; |
101-10, eff. 6-5-19; 101-636, eff. 6-10-20.)
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(30 ILCS 105/6z-6) (from Ch. 127, par. 142z-6)
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Sec. 6z-6.
All moneys received pursuant to the federal |
Community
Services Block Grant shall be deposited into the |
Community Services
Block Grant Fund and used for the purposes |
permitted under the Grant. All money received from the federal |
Low-Income Household Water Assistance Program under the |
federal Consolidated Appropriations Act and the American |
Rescue Plan Act of 2021 shall be deposited into the Community |
Services Block Grant Fund and used for the purposes permitted |
under the Program and any related federal guidance .
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(Source: P.A. 83-1053.)
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(30 ILCS 105/6z-32)
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Sec. 6z-32. Partners for Planning and Conservation.
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(a) The Partners for Conservation Fund (formerly known as |
the Conservation 2000 Fund) and the Partners for
Conservation |
Projects Fund (formerly known as the Conservation 2000 |
Projects Fund) are
created as special funds in the State |
Treasury. These funds
shall be used to establish a |
comprehensive program to protect Illinois' natural
resources |
through cooperative partnerships between State government and |
public
and private landowners. Moneys in these Funds may be
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used, subject to appropriation, by the Department of Natural |
Resources, Environmental Protection Agency, and the
Department |
of Agriculture for purposes relating to natural resource |
protection,
planning, recreation, tourism, and compatible |
agricultural and economic development
activities. Without |
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limiting these general purposes, moneys in these Funds may
be |
used, subject to appropriation, for the following specific |
purposes:
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(1) To foster sustainable agriculture practices and |
control soil erosion ,
and sedimentation , and nutrient loss |
from farmland , including grants to Soil and Water |
Conservation Districts
for conservation practice |
cost-share grants and for personnel, educational, and
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administrative expenses.
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(2) To establish and protect a system of ecosystems in |
public and private
ownership through conservation |
easements, incentives to public and private
landowners, |
natural resource restoration and preservation, water |
quality protection and improvement, land use and watershed |
planning, technical assistance and grants, and
land |
acquisition provided these mechanisms are all voluntary on |
the part of the
landowner and do not involve the use of |
eminent domain.
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(3) To develop a systematic and long-term program to |
effectively measure
and monitor natural resources and |
ecological conditions through investments in
technology |
and involvement of scientific experts.
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(4) To initiate strategies to enhance, use, and |
maintain Illinois' inland
lakes through education, |
technical assistance, research, and financial
incentives.
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(5) To partner with private landowners and with units |
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of State, federal, and local government and with |
not-for-profit organizations in order to integrate State |
and federal programs with Illinois' natural resource |
protection and restoration efforts and to meet |
requirements to obtain federal and other funds for |
conservation or protection of natural resources. |
(6) To implement the State's Nutrient Loss Reduction |
Strategy, including, but not limited to, funding the |
resources needed to support the Strategy's Policy Working |
Group, cover water quality monitoring in support of |
Strategy implementation, prepare a biennial report on the |
progress made on the Strategy every 2 years, and provide |
cost share funding for nutrient capture projects.
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(b) The State Comptroller and State Treasurer shall |
automatically transfer
on the last day of each month, |
beginning on September 30, 1995 and ending on
June 30, 2022 |
2021 ,
from the General Revenue Fund to the Partners for |
Conservation
Fund,
an
amount equal to 1/10 of the amount set |
forth below in fiscal year 1996 and
an amount equal to 1/12 of |
the amount set forth below in each of the other
specified |
fiscal years:
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Fiscal Year |
Amount |
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1996 |
$ 3,500,000 |
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1997 |
$ 9,000,000 |
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1998 |
$10,000,000 |
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1999 |
$11,000,000 |
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2000 |
$12,500,000 |
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2001 through 2004 |
$14,000,000 |
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2005
| $7,000,000 | |
2006
| $11,000,000
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2007
| $0
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2008 through 2011
| $14,000,000
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2012 | $12,200,000 | |
2013 through 2017 | $14,000,000 | |
2018 | $1,500,000 | |
2019 | $14,000,000 | |
2020 | $7,500,000 | |
2021 through 2022 | $14,000,000 |
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(c) The State Comptroller and State Treasurer shall |
automatically transfer on the last day of each month beginning |
on July 31, 2021 and ending June 30, 2022, from the |
Environmental Protection Permit and Inspection Fund to the |
Partners for Conservation Fund, an amount equal to 1/12 of |
$4,135,000. Notwithstanding any other provision of law to the |
contrary and in addition to any other transfers that may be |
provided for by law, on the last day of each month beginning on |
July 31, 2006 and ending on June 30, 2007, or as soon |
thereafter as may be practical, the State Comptroller shall |
direct and the State Treasurer shall transfer $1,000,000 from |
the Open Space Lands Acquisition and Development Fund to the |
Partners for Conservation Fund (formerly known as the |
Conservation 2000 Fund).
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(d) There shall be deposited into the Partners for
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Conservation Projects Fund such
bond proceeds and other moneys |
as may, from time to time, be provided by law.
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(Source: P.A. 100-23, eff. 7-6-17; 101-10, eff. 6-5-19.)
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(30 ILCS 105/6z-63) |
Sec. 6z-63. The Professional Services Fund. |
(a) The Professional Services Fund is created as a |
revolving fund in the State treasury. The following moneys |
shall be deposited into the Fund: |
(1) amounts authorized for transfer to the Fund from |
the General Revenue Fund and other State funds (except for |
funds classified by the Comptroller as federal trust funds |
or State trust funds) pursuant to State law or Executive |
Order; |
(2) federal funds received by the Department of |
Central Management Services (the "Department") as a result |
of expenditures from the Fund; |
(3) interest earned on moneys in the Fund; and |
(4) receipts or inter-fund transfers resulting from |
billings issued by the Department to State agencies for |
the cost of professional services rendered by the |
Department that are not compensated through the specific |
fund transfers authorized by this Section. |
(b) Moneys in the Fund may be used by the Department for |
reimbursement or payment for: |
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(1) providing professional services to State agencies |
or other State entities; |
(2) rendering other services to State agencies at the |
Governor's direction or to other State entities upon |
agreement between the Director of Central Management |
Services and the appropriate official or governing body of |
the other State entity; or |
(3) providing for payment of administrative and other |
expenses incurred by the Department in providing |
professional services. |
Beginning in fiscal year 2021, moneys in the Fund may also |
be appropriated to and used by the Executive Ethics Commission |
for oversight and administration of the eProcurement system |
known as BidBuy, and by the Chief Procurement Officer |
appointed under paragraph (4) of subsection (a) of Section |
10-20 of the Illinois Procurement Code for the general |
services and operation of the BidBuy system previously |
administered by the Department. |
Beginning in fiscal year 2022, moneys in the Fund may also |
be appropriated to and used by the Commission on Equity and |
Inclusion for its operating and administrative expenses |
related to the Business Enterprise Program, previously |
administered by the Department. |
(c) State agencies or other State entities may direct the |
Comptroller to process inter-fund
transfers or make payment |
through the voucher and warrant process to the Professional |
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Services Fund in satisfaction of billings issued under |
subsection (a) of this Section. |
(d) Reconciliation. For the fiscal year beginning on July |
1, 2004 only, the Director of Central Management Services (the |
"Director") shall order that each State agency's payments and |
transfers made to the Fund be reconciled with actual Fund |
costs for professional services provided by the Department on |
no less than an annual basis. The Director may require reports |
from State agencies as deemed necessary to perform this |
reconciliation. |
(e) (Blank). |
(e-5) (Blank).
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(e-7) (Blank). |
(e-10) (Blank).
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(e-15) (Blank).
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(e-20) (Blank). |
(e-25) (Blank). |
(e-30) (Blank). |
(e-35) (Blank). |
(e-40) (Blank). |
(e-45) (Blank). |
(e-50) (Blank). |
(f) The term "professional services" means services |
rendered on behalf of State agencies and other State entities
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pursuant to Section 405-293 of the Department of Central |
Management Services Law of the Civil Administrative Code of |
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Illinois.
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(Source: P.A. 101-636, eff. 6-10-20.) |
(30 ILCS 105/6z-70) |
Sec. 6z-70. The Secretary of State Identification Security |
and Theft Prevention Fund. |
(a) The Secretary of State Identification Security and |
Theft Prevention Fund is created as a special fund in the State |
treasury. The Fund shall consist of any fund transfers, |
grants, fees, or moneys from other sources received for the |
purpose of funding identification security and theft |
prevention measures. |
(b) All moneys in the Secretary of State Identification |
Security and Theft Prevention Fund shall be used, subject to |
appropriation, for any costs related to implementing |
identification security and theft prevention measures. |
(c) (Blank).
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(d) (Blank). |
(e) (Blank). |
(f) (Blank). |
(g) (Blank). |
(h) (Blank). |
(i) (Blank). |
(j) (Blank). |
(k) (Blank). |
(l) (Blank). Notwithstanding any other provision of State |
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law to the contrary, on or after July 1, 2019, and until June |
30, 2020, in addition to any other transfers that may be |
provided for by law, at the direction of and upon notification |
of the Secretary of State, the State Comptroller shall direct |
and the State Treasurer shall transfer amounts into the |
Secretary of State Identification Security and Theft |
Prevention Fund from the designated funds not exceeding the |
following totals: |
Division of Corporations Registered Limited |
Liability Partnership |
Fund....................$287,000 |
Securities Investors Education |
Fund.............$1,500,000 |
Department of Business Services |
Special Operations |
Fund.....................$3,000,000 |
Securities Audit and Enforcement |
Fund...........$3,500,000 |
(m) Notwithstanding any other provision of State law to |
the contrary, on or after July 1, 2020, and until June 30, |
2021, in addition to any other transfers that may be provided |
for by law, at the direction of and upon notification of the |
Secretary of State, the State Comptroller shall direct and the |
State Treasurer shall transfer amounts into the Secretary of |
State Identification Security and Theft Prevention Fund from |
the designated funds not exceeding the following totals: |
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Division of Corporations Registered Limited |
Liability Partnership Fund ..................$287,000 |
Securities Investors Education Fund |
...................... .............$1,500,000 |
Department of Business Services Special |
Operations Fund ...........................$4,500,000 |
Securities Audit and Enforcement Fund .........$5,000,000 |
Corporate Franchise Tax Refund Fund ...........$3,000,000 |
(n) Notwithstanding any other provision of State law to |
the contrary, on or after July 1, 2021, and until June 30, |
2022, in addition to any other transfers that may be provided |
for by law, at the direction of and upon notification of the |
Secretary of State, the State Comptroller shall direct and the |
State Treasurer shall transfer amounts into the Secretary of |
State Identification Security and Theft Prevention Fund from |
the designated funds not exceeding the following totals: |
Division of Corporations Registered Limited |
Liability Partnership Fund ...................$287,000 |
Securities Investors Education Fund ............$1,500,000 |
Department of Business Services Special |
Operations Fund ............................$4,500,000 |
Securities Audit and Enforcement Fund ..........$5,000,000 |
Corporate Franchise Tax Refund Fund ............$3,000,000 |
(Source: P.A. 100-23, eff. 7-6-17; 100-587, eff. 6-4-18; |
101-10, eff. 6-5-19; 101-636, eff. 6-10-20.) |
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(30 ILCS 105/6z-77) |
Sec. 6z-77. The Capital Projects Fund. The Capital |
Projects Fund is created as a special fund in the State |
Treasury. The State Comptroller and State Treasurer shall |
transfer from the Capital Projects Fund to the General Revenue |
Fund $61,294,550 on October 1, 2009, $122,589,100 on January |
1, 2010, and $61,294,550 on April 1, 2010. Beginning on July 1, |
2010, and on July 1 and January 1 of each year thereafter, the |
State Comptroller and State Treasurer shall transfer the sum |
of $122,589,100 from the Capital Projects Fund to the General |
Revenue Fund. In Fiscal Year 2022 only, the State Comptroller |
and State Treasurer shall transfer up to $40,000,000 of sports |
wagering revenues from the Capital Projects Fund to the |
Rebuild Illinois Projects Fund in one or more transfers as |
directed by the Governor. Subject to appropriation, the |
Capital Projects Fund may be used only for capital projects |
and the payment of debt service on bonds issued for capital |
projects. All interest earned on moneys in the Fund shall be |
deposited into the Fund. The Fund shall not be subject to |
administrative charges or chargebacks, such as but not limited |
to those authorized under Section 8h.
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(Source: P.A. 96-34, eff. 7-13-09.) |
(30 ILCS 105/6z-82) |
Sec. 6z-82. State Police Operations Assistance Fund. |
(a) There is created in the State treasury a special fund |
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known as the State Police Operations Assistance Fund. The Fund |
shall receive revenue under the Criminal and Traffic |
Assessment Act. The Fund may also receive revenue from grants, |
donations, appropriations, and any other legal source. |
(b) The Department of State Police may use moneys in the |
Fund to finance any of its lawful purposes or functions. |
(c) Expenditures may be made from the Fund only as |
appropriated by the General Assembly by law. |
(d) Investment income that is attributable to the |
investment of moneys in the Fund shall be retained in the Fund |
for the uses specified in this Section. |
(e) The State Police Operations Assistance Fund shall not |
be subject to administrative chargebacks.
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(f) (Blank). Notwithstanding any other provision of State |
law to the contrary, on or after July 1, 2012, and until June |
30, 2013, in addition to any other transfers that may be |
provided for by law, at the direction of and upon notification |
from the Director of State Police, the State Comptroller shall |
direct and the State Treasurer shall transfer amounts into the |
State Police Operations Assistance Fund from the designated |
funds not exceeding the following totals: |
State Police Vehicle Fund ......................$2,250,000 |
State Police Wireless Service |
Emergency Fund .............................$2,500,000 |
State Police Services Fund .....................$3,500,000 |
(g) Notwithstanding any other provision of State law to |
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the contrary, on or after July 1, 2021, in addition to any |
other transfers that may be provided for by law, at the |
direction of and upon notification from the Director of State |
Police, the State Comptroller shall direct and the State |
Treasurer shall transfer amounts not exceeding $7,000,000 into |
the State Police Operations Assistance Fund from the State |
Police Services Fund. |
(Source: P.A. 100-987, eff. 7-1-19 .) |
(30 ILCS 105/6z-100) |
(Section scheduled to be repealed on July 1, 2021) |
Sec. 6z-100. Capital Development Board Revolving Fund; |
payments into and use. All monies received by the Capital |
Development Board for publications or copies issued by the |
Board, and all monies received for contract administration |
fees, charges, or reimbursements owing to the Board shall be |
deposited into a special fund known as the Capital Development |
Board Revolving Fund, which is hereby created in the State |
treasury. The monies in this Fund shall be used by the Capital |
Development Board, as appropriated, for expenditures for |
personal services, retirement, social security, contractual |
services, legal services, travel, commodities, printing, |
equipment, electronic data processing, or telecommunications. |
For fiscal year 2021 and thereafter , the monies in this Fund |
may also be appropriated to and used by the Executive Ethics |
Commission for oversight and administration of the Chief |
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Procurement Officer appointed under paragraph (1) of |
subsection (a) of Section 10-20 of the Illinois Procurement |
Code responsible for capital procurement . Unexpended moneys in |
the Fund shall not be transferred or allocated by the |
Comptroller or Treasurer to any other fund, nor shall the |
Governor authorize the transfer or allocation of those moneys |
to any other fund. This Section is repealed July 1, 2022 2021 .
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(Source: P.A. 100-23, eff. 7-6-17; 100-587, eff. 6-4-18; |
101-10, eff. 6-5-19; 101-636, eff. 6-10-20; 101-645, eff. |
6-26-20.) |
(30 ILCS 105/6z-121) |
Sec. 6z-121. State Coronavirus Urgent Remediation |
Emergency Fund. |
(a) The State Coronavirus Urgent Remediation Emergency |
(State CURE) Fund is created as a federal trust fund within the |
State treasury. The State CURE Fund shall be held separate and |
apart from all other funds in the State treasury. The State |
CURE Fund is established: (1) to receive, directly or |
indirectly, federal funds from the Coronavirus Relief Fund in |
accordance with Section 5001 of the federal Coronavirus Aid, |
Relief, and Economic Security (CARES) Act , the Coronavirus |
State Fiscal Recovery Fund in accordance with Section 9901 of |
the American Rescue Plan Act of 2021, or from any other federal |
fund pursuant to any other provision of the American Rescue |
Plan Act of 2021 or any other federal law; and (2) to provide |
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for the transfer, distribution and expenditure of such federal |
funds as permitted in the federal Coronavirus Aid, Relief, and |
Economic Security (CARES) Act , the American Rescue Plan Act of |
2021, and related federal guidance or any other federal law, |
and as authorized by this Section. |
(b) Federal funds received by the State from the |
Coronavirus Relief Fund in accordance with Section 5001 of the |
federal Coronavirus Aid, Relief, and Economic Security (CARES) |
Act, the Coronavirus State Fiscal Recovery Fund in accordance |
with Section 9901 of the American Rescue Plan Act of 2021, or |
any other federal funds received pursuant to the American |
Rescue Plan Act of 2021 or any other federal law, may be |
deposited, directly or indirectly, into the State CURE Fund. |
(c) Funds in the State CURE Fund may be expended, subject |
to appropriation, directly for purposes permitted under the |
federal law and related federal guidance governing the use of |
such funds, which may include without limitation purposes |
permitted in Section 5001 of the CARES Act and Sections 3201, |
3206, and 9901 of the American Rescue Plan Act of 2021. All |
federal funds received into the State CURE Fund from the |
Coronavirus Relief Fund , the Coronavirus State Fiscal Recovery |
Fund, or any other source under the American Rescue Plan Act of |
2021, may be transferred or expended by the Illinois Emergency |
Management Agency at the direction of the Governor for the |
specific purposes permitted by the federal Coronavirus Aid, |
Relief, and Economic Security (CARES) Act , the American Rescue |
|
Plan Act of 2021 , any related regulations or federal guidance, |
and any terms and conditions of the federal awards received by |
the State thereunder. The State Comptroller shall direct and |
the State Treasurer shall transfer, as directed by the |
Governor in writing, a portion of the federal funds received |
from the Coronavirus Relief Fund or from any other federal |
fund pursuant to any other provision of federal law may be |
transferred to the Local Coronavirus Urgent Remediation |
Emergency (Local CURE) Fund from time to time for the |
provision and administration of grants to units of local |
government as permitted by the federal Coronavirus Aid, |
Relief, and Economic Security (CARES) Act, any related federal |
guidance, and any other additional federal law that may |
provide authorization. The State Comptroller shall direct and |
the State Treasurer shall transfer amounts, as directed by the |
Governor in writing, from the State CURE Fund to the Essential |
Government Services Support Fund to be used for the provision |
of government services as permitted under Section 602(c)(1)(C) |
of the Social Security Act as enacted by Section 9901 of the |
American Rescue Plan Act and related federal guidance. Funds |
in the State CURE Fund also may be transferred to other funds |
in the State treasury as reimbursement for expenditures made |
from such other funds if the expenditures are eligible for |
federal reimbursement under Section 5001 of the federal |
Coronavirus Aid, Relief, and Economic Security (CARES) Act , |
the relevant provisions of the American Rescue Plan Act of |
|
2021, or any and related federal guidance. Funds in the State |
CURE Fund also may be expended directly on expenditures |
eligible for federal reimbursement under Section 5001 of the |
federal Coronavirus Aid, Relief, and Economic Security (CARES) |
Act and related federal guidance. |
(d) Once the General Assembly has enacted appropriations |
from the State CURE Fund, the expenditure of funds from the |
State CURE Fund shall be subject to appropriation by the |
General Assembly, and shall be administered by the Illinois |
Emergency Management Agency at the direction of the Governor. |
The Illinois Emergency Management Agency, and other agencies |
as named in appropriations, shall transfer, distribute or |
expend the funds. The State Comptroller shall direct and the |
State Treasurer shall transfer funds in the State CURE Fund to |
other funds in the State treasury as reimbursement for |
expenditures made from such other funds if the expenditures |
are eligible for federal reimbursement under Section 5001 of |
the federal Coronavirus Aid, Relief, and Economic Security |
(CARES) Act , the relevant provisions of the American Rescue |
Plan Act of 2021, or any and related federal guidance, as |
directed in writing by the Governor. Additional funds that may |
be received from the federal government from legislation |
enacted in response to the impact of Coronavirus Disease 2019, |
including fiscal stabilization payments that replace revenues |
lost due to Coronavirus Disease 2019, The State Comptroller |
may direct and the State Treasurer shall transfer in the |
|
manner authorized or required by any related federal guidance, |
as directed in writing by the Governor. |
(e) Unexpended funds in the State CURE Fund shall be paid |
back to the federal government at the direction of the |
Governor.
|
(f) In addition to any other transfers that may be |
provided for by law, at the direction of the Governor, the |
State Comptroller shall direct and the State Treasurer shall |
transfer the sum of $24,523,000 from the State CURE Fund to the |
Chicago Travel Industry Promotion Fund. |
(g) In addition to any other transfers that may be |
provided for by law, at the direction of the Governor, the |
State Comptroller shall direct and the State Treasurer shall |
transfer the sum of $30,000,000 from the State CURE Fund to the |
Metropolitan Pier and Exposition Authority Incentive Fund. |
(h) In addition to any other transfers that may be |
provided for by law, at the direction of the Governor, the |
State Comptroller shall direct and the State Treasurer shall |
transfer the sum of $45,180,000 from the State CURE Fund to the |
Local Tourism Fund. |
(Source: P.A. 101-636, eff. 6-10-20.) |
(30 ILCS 105/6z-122) |
Sec. 6z-122. Local Coronavirus Urgent Remediation |
Emergency Fund. |
(a) The Local Coronavirus Urgent Remediation Emergency |
|
Fund, or Local CURE Fund, is created as a federal trust fund |
within the State treasury. The Local CURE Fund shall be held |
separate and apart from all other funds of the State. The Local |
CURE Fund is established: (1) to receive transfers from either |
the Disaster Response and Recovery Fund or the State |
Coronavirus Urgent Remediation Emergency (State CURE) Fund of |
federal funds received by the State from the Coronavirus |
Relief Fund in accordance with Section 5001 of the federal |
Coronavirus Aid, Relief, and Economic Security (CARES) Act or |
pursuant to any other provision of federal law; and (2) to |
provide for the administration and payment of grants and |
expense reimbursements to units of local government as |
permitted in the federal Coronavirus Aid, Relief, and Economic |
Security (CARES) Act and related federal guidance, as |
authorized by this Section, and as authorized in the |
Department of Commerce and Economic Opportunity Act. |
(b) A portion of the funds received into either the |
Disaster Response and Recovery Fund or the State CURE Fund |
from the Coronavirus Relief Fund in accordance with Section |
5001 of the federal Coronavirus Aid, Relief, and Economic |
Security (CARES) Act may be transferred into the Local CURE |
Fund from time to time. Such funds transferred to the Local |
CURE Fund may be used by the Department of Commerce and |
Economic Opportunity only to provide for the awarding and |
administration and payment of grants and expense |
reimbursements to units of local government for the specific |
|
purposes permitted by the federal Coronavirus Aid, Relief, and |
Economic Security (CARES) Act and any related federal |
guidance, the terms and conditions of the federal awards |
through which the funds are received by the State, in |
accordance with the procedures established in this Section, |
and as authorized in the Department of Commerce and Economic |
Opportunity Act. |
(c) Unless federal guidance expands the authorized uses, |
the funds received by units of local government from the Local |
CURE Fund may be used only to cover the costs of the units of |
local government that (1) are necessary expenditures incurred |
due to the public health emergency caused by the Coronavirus |
Disease 2019, (2) were not accounted for in the budget of the |
State or unit of local government most recently approved as of |
March 27, 2020: and are incurred on or after March 1, 2020 and |
before December 31, 2021 2020 ; however, if new federal |
guidance or new federal law expands authorized uses or extends |
the covered period , then the funds may be used for any other |
permitted purposes throughout the covered period . |
(d) The expenditure of funds from the Local CURE Fund |
shall be subject to appropriation by the General Assembly. |
(d-5) In addition to the purposes described in subsection |
(a), the Local CURE Fund may receive, directly or indirectly, |
federal funds from the Coronavirus Local Fiscal Recovery Fund |
in accordance with Section 9901 of the American Rescue Plan |
Act of 2021 in order to provide payments to units of local |
|
government as directed by Section 9901 of the American Rescue |
Plan Act of 2021 and related federal guidance. Such moneys on |
deposit in the Local CURE Fund shall be paid to units of local |
government in accordance with Section 9901 of the American |
Rescue Plan Act of 2021 and as directed by federal guidance on |
a continuing basis by the Department of Revenue, in |
cooperation with the Department of Commerce and Economic |
Opportunity and as instructed by the Governor. |
(e) Unexpended funds in the Local CURE Fund shall be |
transferred or paid back to the State CURE Fund or to the |
federal government at the direction of the Governor.
|
(Source: P.A. 101-636, eff. 6-10-20.) |
(30 ILCS 105/6z-128 new) |
Sec. 6z-128. Essential Government Services Support Fund. |
(a) The Essential Government Services Support Fund (the |
EGSS Fund) is created as a federal trust fund within the State |
treasury. The EGSS Fund is established: (1) to receive, |
directly or indirectly, federal funds from the Coronavirus |
State Fiscal Recovery Fund in accordance with Section 9901 of |
the federal American Rescue Plan Act of 2021; and (2) to |
provide for the use of such funds for purposes permitted by |
Section 9901 of the American Rescue Plan Act of 2021, |
including the provision of government services as permitted |
under Section 602(c)(1)(C) of the Social Security Act as |
enacted by Section 9901 of the American Rescue Plan Act of |
|
2021, and as authorized by this Section. |
(b) Federal funds received by the State from the |
Coronavirus State Fiscal Recovery Fund in accordance with |
Section 9901 of the American Rescue Plan Act of 2021 may be |
deposited, directly or indirectly, into the EGSS Fund. |
(c) The EGSS Fund shall be subject to appropriation by the |
General Assembly. The fund shall be administered by the |
Illinois Emergency Management Agency at the direction of the |
Governor. The Illinois Emergency Management Agency, and other |
agencies as named in appropriations, shall transfer, |
distribute or expend the funds. Funds in the EGSS Fund may be |
expended, subject to appropriation, directly for purposes |
permitted under Section 9901 of the American Rescue Plan Act |
of 2021 and related federal guidance governing the use of such |
funds, including the provision of government services as |
permitted under Section 602(c)(1)(C) of the Social Security |
Act as enacted by Section 9901 of the American Rescue Plan Act |
of 2021. |
(d) All funds received, directly or indirectly, into the |
EGSS Fund from the Coronavirus State Fiscal Recovery Fund may |
be transferred or expended at the direction of the Governor |
for the specific purposes permitted under Section 9901 of the |
American Rescue Plan Act of 2021 and any related federal |
guidance.
The State Comptroller shall direct and the State |
Treasurer shall transfer from time to time, as directed by the |
Governor in writing, any of the funds in the EGSS Fund to the |
|
General Revenue Fund or other funds in the State treasury as |
needed for expenditures, or as reimbursement for expenditures |
made, from such other funds for permitted purposes under |
Section 9901 of the American Rescue Plan Act of 2021, |
including the provision of government services. |
(e) Unexpended funds in the EGSS Fund shall be paid back to |
the federal government at the direction of the Governor. |
(30 ILCS 105/8.3) (from Ch. 127, par. 144.3) |
Sec. 8.3. Money in the Road Fund shall, if and when the |
State of
Illinois incurs any bonded indebtedness for the |
construction of
permanent highways, be set aside and used for |
the purpose of paying and
discharging annually the principal |
and interest on that bonded
indebtedness then due and payable, |
and for no other purpose. The
surplus, if any, in the Road Fund |
after the payment of principal and
interest on that bonded |
indebtedness then annually due shall be used as
follows: |
first -- to pay the cost of administration of Chapters |
2 through 10 of
the Illinois Vehicle Code, except the cost |
of administration of Articles I and
II of Chapter 3 of that |
Code, and to pay the costs of the Executive Ethics |
Commission for oversight and administration of the Chief |
Procurement Officer appointed under paragraph (2) of |
subsection (a) of Section 10-20 of the Illinois |
Procurement Code for transportation; and |
secondly -- for expenses of the Department of |
|
Transportation for
construction, reconstruction, |
improvement, repair, maintenance,
operation, and |
administration of highways in accordance with the
|
provisions of laws relating thereto, or for any purpose |
related or
incident to and connected therewith, including |
the separation of grades
of those highways with railroads |
and with highways and including the
payment of awards made |
by the Illinois Workers' Compensation Commission under the |
terms of
the Workers' Compensation Act or Workers' |
Occupational Diseases Act for
injury or death of an |
employee of the Division of Highways in the
Department of |
Transportation; or for the acquisition of land and the
|
erection of buildings for highway purposes, including the |
acquisition of
highway right-of-way or for investigations |
to determine the reasonably
anticipated future highway |
needs; or for making of surveys, plans,
specifications and |
estimates for and in the construction and maintenance
of |
flight strips and of highways necessary to provide access |
to military
and naval reservations, to defense industries |
and defense-industry
sites, and to the sources of raw |
materials and for replacing existing
highways and highway |
connections shut off from general public use at
military |
and naval reservations and defense-industry sites, or for |
the
purchase of right-of-way, except that the State shall |
be reimbursed in
full for any expense incurred in building |
the flight strips; or for the
operating and maintaining of |
|
highway garages; or for patrolling and
policing the public |
highways and conserving the peace; or for the operating |
expenses of the Department relating to the administration |
of public transportation programs; or, during fiscal year |
2020 only, for the purposes of a grant not to exceed |
$8,394,800 to the Regional Transportation Authority on |
behalf of PACE for the purpose of ADA/Para-transit |
expenses; or, during fiscal year 2021 only, for the |
purposes of a grant not to exceed $8,394,800 to the |
Regional Transportation Authority on behalf of PACE for |
the purpose of ADA/Para-transit expenses; or, during |
fiscal year 2022 only, for the purposes of a grant not to |
exceed $8,394,800 to the Regional Transportation Authority |
on behalf of PACE for the purpose of ADA/Para-transit |
expenses; or for any of
those purposes or any other |
purpose that may be provided by law. |
Appropriations for any of those purposes are payable from |
the Road
Fund. Appropriations may also be made from the Road |
Fund for the
administrative expenses of any State agency that |
are related to motor
vehicles or arise from the use of motor |
vehicles. |
Beginning with fiscal year 1980 and thereafter, no Road |
Fund monies
shall be appropriated to the following Departments |
or agencies of State
government for administration, grants, or |
operations; but this
limitation is not a restriction upon |
appropriating for those purposes any
Road Fund monies that are |
|
eligible for federal reimbursement: |
1. Department of Public Health; |
2. Department of Transportation, only with respect to |
subsidies for
one-half fare Student Transportation and |
Reduced Fare for Elderly, except fiscal year 2020 only |
when no more than $17,570,000 may be expended and except |
fiscal year 2021 only when no more than $17,570,000 may be |
expended and except fiscal year 2022 only when no more |
than $17,570,000 may be expended ; |
3. Department of Central Management
Services, except |
for expenditures
incurred for group insurance premiums of |
appropriate personnel; |
4. Judicial Systems and Agencies. |
Beginning with fiscal year 1981 and thereafter, no Road |
Fund monies
shall be appropriated to the following Departments |
or agencies of State
government for administration, grants, or |
operations; but this
limitation is not a restriction upon |
appropriating for those purposes any
Road Fund monies that are |
eligible for federal reimbursement: |
1. Department of State Police, except for expenditures |
with
respect to the Division of Operations; |
2. Department of Transportation, only with respect to |
Intercity Rail
Subsidies, except fiscal year 2020 only |
when no more than $50,000,000 may be expended and except |
fiscal year 2021 only when no more than $50,000,000 may be |
expended and except fiscal year 2022 only when no more |
|
than $50,000,000 may be expended , and Rail Freight |
Services. |
Beginning with fiscal year 1982 and thereafter, no Road |
Fund monies
shall be appropriated to the following Departments |
or agencies of State
government for administration, grants, or |
operations; but this
limitation is not a restriction upon |
appropriating for those purposes any
Road Fund monies that are |
eligible for federal reimbursement: Department
of Central |
Management Services, except for awards made by
the Illinois |
Workers' Compensation Commission under the terms of the |
Workers' Compensation Act
or Workers' Occupational Diseases |
Act for injury or death of an employee of
the Division of |
Highways in the Department of Transportation. |
Beginning with fiscal year 1984 and thereafter, no Road |
Fund monies
shall be appropriated to the following Departments |
or agencies of State
government for administration, grants, or |
operations; but this
limitation is not a restriction upon |
appropriating for those purposes any
Road Fund monies that are |
eligible for federal reimbursement: |
1. Department of State Police, except not more than |
40% of the
funds appropriated for the Division of |
Operations; |
2. State Officers. |
Beginning with fiscal year 1984 and thereafter, no Road |
Fund monies
shall be appropriated to any Department or agency |
of State government
for administration, grants, or operations |
|
except as provided hereafter;
but this limitation is not a |
restriction upon appropriating for those
purposes any Road |
Fund monies that are eligible for federal
reimbursement. It |
shall not be lawful to circumvent the above
appropriation |
limitations by governmental reorganization or other
methods. |
Appropriations shall be made from the Road Fund only in
|
accordance with the provisions of this Section. |
Money in the Road Fund shall, if and when the State of |
Illinois
incurs any bonded indebtedness for the construction |
of permanent
highways, be set aside and used for the purpose of |
paying and
discharging during each fiscal year the principal |
and interest on that
bonded indebtedness as it becomes due and |
payable as provided in the
Transportation Bond Act, and for no |
other
purpose. The surplus, if any, in the Road Fund after the |
payment of
principal and interest on that bonded indebtedness |
then annually due
shall be used as follows: |
first -- to pay the cost of administration of Chapters |
2 through 10
of the Illinois Vehicle Code; and |
secondly -- no Road Fund monies derived from fees, |
excises, or
license taxes relating to registration, |
operation and use of vehicles on
public highways or to |
fuels used for the propulsion of those vehicles,
shall be |
appropriated or expended other than for costs of |
administering
the laws imposing those fees, excises, and |
license taxes, statutory
refunds and adjustments allowed |
thereunder, administrative costs of the
Department of |
|
Transportation, including, but not limited to, the |
operating expenses of the Department relating to the |
administration of public transportation programs, payment |
of debts and liabilities incurred
in construction and |
reconstruction of public highways and bridges,
acquisition |
of rights-of-way for and the cost of construction,
|
reconstruction, maintenance, repair, and operation of |
public highways and
bridges under the direction and |
supervision of the State, political
subdivision, or |
municipality collecting those monies, or during fiscal |
year 2020 only for the purposes of a grant not to exceed |
$8,394,800 to the Regional Transportation Authority on |
behalf of PACE for the purpose of ADA/Para-transit |
expenses, or during fiscal year 2021 only for the purposes |
of a grant not to exceed $8,394,800 to the Regional |
Transportation Authority on behalf of PACE for the purpose |
of ADA/Para-transit expenses, or during fiscal year 2022 |
only for the purposes of a grant not to exceed $8,394,800 |
to the Regional Transportation Authority on behalf of PACE |
for the purpose of ADA/Para-transit expenses, and the |
costs for
patrolling and policing the public highways (by |
State, political
subdivision, or municipality collecting |
that money) for enforcement of
traffic laws. The |
separation of grades of such highways with railroads
and |
costs associated with protection of at-grade highway and |
railroad
crossing shall also be permissible. |
|
Appropriations for any of such purposes are payable from |
the Road
Fund or the Grade Crossing Protection Fund as |
provided in Section 8 of
the Motor Fuel Tax Law. |
Except as provided in this paragraph, beginning with |
fiscal year 1991 and
thereafter, no Road Fund monies
shall be |
appropriated to the Department of State Police for the |
purposes of
this Section in excess of its total fiscal year |
1990 Road Fund
appropriations for those purposes unless |
otherwise provided in Section 5g of
this Act.
For fiscal years |
2003,
2004, 2005, 2006, and 2007 only, no Road Fund monies |
shall
be appropriated to the
Department of State Police for |
the purposes of this Section in excess of
$97,310,000.
For |
fiscal year 2008 only, no Road
Fund monies shall be |
appropriated to the Department of State Police for the |
purposes of
this Section in excess of $106,100,000. For fiscal |
year 2009 only, no Road Fund monies shall be appropriated to |
the Department of State Police for the purposes of this |
Section in excess of $114,700,000. Beginning in fiscal year |
2010, no road fund moneys shall be appropriated to the |
Department of State Police. It shall not be lawful to |
circumvent this limitation on
appropriations by governmental |
reorganization or other methods unless
otherwise provided in |
Section 5g of this Act. |
In fiscal year 1994, no Road Fund monies shall be |
appropriated
to the
Secretary of State for the purposes of |
this Section in excess of the total
fiscal year 1991 Road Fund |
|
appropriations to the Secretary of State for
those purposes, |
plus $9,800,000. It
shall not be
lawful to circumvent
this |
limitation on appropriations by governmental reorganization or |
other
method. |
Beginning with fiscal year 1995 and thereafter, no Road |
Fund
monies
shall be appropriated to the Secretary of State |
for the purposes of this
Section in excess of the total fiscal |
year 1994 Road Fund
appropriations to
the Secretary of State |
for those purposes. It shall not be lawful to
circumvent this |
limitation on appropriations by governmental reorganization
or |
other methods. |
Beginning with fiscal year 2000, total Road Fund |
appropriations to the
Secretary of State for the purposes of |
this Section shall not exceed the
amounts specified for the |
following fiscal years: |
|
Fiscal Year 2000 | $80,500,000; | |
Fiscal Year 2001 | $80,500,000; | |
Fiscal Year 2002 | $80,500,000; | |
Fiscal Year 2003 | $130,500,000; | |
Fiscal Year 2004 | $130,500,000; | |
Fiscal Year 2005 | $130,500,000;
| |
Fiscal Year 2006
| $130,500,000;
| |
Fiscal Year 2007
| $130,500,000;
| |
Fiscal Year 2008 | $130,500,000; | |
Fiscal Year 2009 | $130,500,000. |
|
For fiscal year 2010, no road fund moneys shall be |
|
appropriated to the Secretary of State. |
Beginning in fiscal year 2011, moneys in the Road Fund |
shall be appropriated to the Secretary of State for the |
exclusive purpose of paying refunds due to overpayment of fees |
related to Chapter 3 of the Illinois Vehicle Code unless |
otherwise provided for by law. |
It shall not be lawful to circumvent this limitation on |
appropriations by
governmental reorganization or other |
methods. |
No new program may be initiated in fiscal year 1991 and
|
thereafter that is not consistent with the limitations imposed |
by this
Section for fiscal year 1984 and thereafter, insofar |
as appropriation of
Road Fund monies is concerned. |
Nothing in this Section prohibits transfers from the Road |
Fund to the
State Construction Account Fund under Section 5e |
of this Act; nor to the
General Revenue Fund, as authorized by |
Public Act 93-25. |
The additional amounts authorized for expenditure in this |
Section by Public Acts 92-0600, 93-0025, 93-0839, and 94-91
|
shall be repaid to the Road Fund
from the General Revenue Fund |
in the next succeeding fiscal year that the
General Revenue |
Fund has a positive budgetary balance, as determined by
|
generally accepted accounting principles applicable to |
government. |
The additional amounts authorized for expenditure by the |
Secretary of State
and
the Department of State Police in this |
|
Section by Public Act 94-91 shall be repaid to the Road Fund |
from the General Revenue Fund in the
next
succeeding fiscal |
year that the General Revenue Fund has a positive budgetary
|
balance,
as determined by generally accepted accounting |
principles applicable to
government. |
(Source: P.A. 100-23, eff. 7-6-17; 100-587, eff. 6-4-18; |
100-863, eff.8-14-18; 101-10, eff. 6-5-19; 101-636, eff. |
6-10-20.)
|
(30 ILCS 105/8.12)
(from Ch. 127, par. 144.12)
|
Sec. 8.12. State Pensions Fund.
|
(a) The moneys in the State Pensions Fund shall be used |
exclusively
for the administration of the Revised Uniform |
Unclaimed Property Act and
for the expenses incurred by the |
Auditor General for administering the provisions of Section |
2-8.1 of the Illinois State Auditing Act and for operational |
expenses of the Office of the State Treasurer and for the |
funding of the unfunded liabilities of the designated |
retirement systems. For the purposes of this Section, |
"operational expenses of the Office of the State Treasurer" |
includes the acquisition of land and buildings in State fiscal |
years 2019 and 2020 for use by the Office of the State |
Treasurer, as well as construction, reconstruction, |
improvement, repair, and maintenance, in accordance with the |
provisions of laws relating thereto, of such lands and |
buildings beginning in State fiscal year 2019 and thereafter. |
|
Beginning in State fiscal year 2023 2022 , payments to the |
designated retirement systems under this Section shall be in |
addition to, and not in lieu of, any State contributions |
required under the Illinois Pension Code.
|
"Designated retirement systems" means:
|
(1) the State Employees' Retirement System of |
Illinois;
|
(2) the Teachers' Retirement System of the State of |
Illinois;
|
(3) the State Universities Retirement System;
|
(4) the Judges Retirement System of Illinois; and
|
(5) the General Assembly Retirement System.
|
(b) Each year the General Assembly may make appropriations |
from
the State Pensions Fund for the administration of the |
Revised Uniform
Unclaimed Property Act.
|
(c) As soon as possible after July 30, 2004 (the effective |
date of Public Act 93-839), the General Assembly shall |
appropriate from the State Pensions Fund (1) to the State |
Universities Retirement System the amount certified under |
Section 15-165 during the prior year, (2) to the Judges |
Retirement System of Illinois the amount certified under |
Section 18-140 during the prior year, and (3) to the General |
Assembly Retirement System the amount certified under Section |
2-134 during the prior year as part of the required
State |
contributions to each of those designated retirement systems. |
If the amount in the State Pensions Fund does not exceed the |
|
sum of the amounts certified in Sections 15-165, 18-140, and |
2-134 by at least $5,000,000, the amount paid to each |
designated retirement system under this subsection shall be |
reduced in proportion to the amount certified by each of those |
designated retirement systems.
|
(c-5) For fiscal years 2006 through 2022 2021 , the General |
Assembly shall appropriate from the State Pensions Fund to the |
State Universities Retirement System the amount estimated to |
be available during the fiscal year in the State Pensions |
Fund; provided, however, that the amounts appropriated under |
this subsection (c-5) shall not reduce the amount in the State |
Pensions Fund below $5,000,000.
|
(c-6) For fiscal year 2023 2022 and each fiscal year |
thereafter, as soon as may be practical after any money is |
deposited into the State Pensions Fund from the Unclaimed |
Property Trust Fund, the State Treasurer shall apportion the |
deposited amount among the designated retirement systems as |
defined in subsection (a) to reduce their actuarial reserve |
deficiencies. The State Comptroller and State Treasurer shall |
pay the apportioned amounts to the designated retirement |
systems to fund the unfunded liabilities of the designated |
retirement systems. The amount apportioned to each designated |
retirement system shall constitute a portion of the amount |
estimated to be available for appropriation from the State |
Pensions Fund that is the same as that retirement system's |
portion of the total actual reserve deficiency of the systems, |
|
as determined annually by the Governor's Office of Management |
and Budget at the request of the State Treasurer. The amounts |
apportioned under this subsection shall not reduce the amount |
in the State Pensions Fund below $5,000,000. |
(d) The
Governor's Office of Management and Budget shall |
determine the individual and total
reserve deficiencies of the |
designated retirement systems. For this purpose,
the
|
Governor's Office of Management and Budget shall utilize the |
latest available audit and actuarial
reports of each of the |
retirement systems and the relevant reports and
statistics of |
the Public Employee Pension Fund Division of the Department of
|
Insurance.
|
(d-1) (Blank).
|
(e) The changes to this Section made by Public Act 88-593 |
shall
first apply to distributions from the Fund for State |
fiscal year 1996.
|
(Source: P.A. 100-22, eff. 1-1-18; 100-23, eff. 7-6-17; |
100-587, eff. 6-4-18; 100-863, eff. 8-14-18; 101-10, eff. |
6-5-19; 101-487, eff. 8-23-19; 101-636, eff. 6-10-20.)
|
(30 ILCS 105/8.25-4) (from Ch. 127, par. 144.25-4)
|
Sec. 8.25-4.
All moneys in the Illinois Sports Facilities |
Fund are
allocated to and shall be transferred, appropriated |
and used only for the
purposes authorized by, and subject to, |
the limitations and conditions of
this Section.
|
All moneys deposited pursuant to Section 13.1 of "An Act |
|
in relation to
State revenue sharing with local governmental |
entities", as amended, and
all moneys deposited with respect |
to the $5,000,000 deposit, but not the
additional $8,000,000 |
advance applicable before July 1, 2001, or the
Advance Amount |
applicable on and after that date, pursuant to Section
6 of |
"The Hotel
Operators' Occupation Tax Act", as amended, into |
the Illinois Sports
Facilities Fund shall be credited to the |
Subsidy Account within the Fund.
All moneys deposited with |
respect to the additional $8,000,000 advance
applicable before |
July 1, 2001, or the Advance Amount
applicable on and after |
that date, but
not the $5,000,000 deposit, pursuant to Section |
6 of "The Hotel Operators'
Occupation Tax Act", as amended, |
into the Illinois Sports Facilities Fund
shall be credited to |
the Advance Account within the Fund. All moneys deposited from |
any transfer pursuant to Section 8g-1 of the State Finance Act |
shall be credited to the Advance Account within the Fund.
|
Beginning with fiscal year 1989 and continuing for each |
fiscal year
thereafter through and including fiscal year 2001, |
no less than 30 days
before the beginning of such fiscal year
|
(except as soon as may be practicable after the effective date |
of this
amendatory Act of 1988 with respect to fiscal year |
1989) the Chairman of
the Illinois Sports Facilities Authority |
shall certify to the State
Comptroller and the State |
Treasurer, without taking into account any
revenues or |
receipts of the Authority, the lesser of (a) $18,000,000 and
|
(b) the sum of (i) the amount anticipated to be required by the |
|
Authority
during the fiscal year to pay principal of and |
interest on, and other
payments relating to, its obligations |
issued or to be issued under Section
13 of the Illinois Sports |
Facilities Authority Act, including any deposits
required to |
reserve funds created under any indenture or resolution
|
authorizing issuance of the obligations and payments to |
providers of credit
enhancement, (ii) the amount anticipated |
to be required by the Authority
during the fiscal year to pay |
obligations under the provisions of any
management agreement |
with respect to a facility or facilities owned by the
|
Authority or of any assistance agreement with respect to any |
facility for
which financial assistance is provided under the |
Illinois Sports Facilities
Authority Act, and to pay other |
capital and operating expenses of the
Authority
during the |
fiscal year, including any deposits required to reserve funds
|
created for repair and replacement of capital assets and to |
meet the
obligations of the Authority under any management |
agreement or assistance
agreement, and (iii) any
amounts under |
(i) and (ii) above remaining unpaid from previous years.
|
Beginning with fiscal year 2002 and continuing for each |
fiscal year
thereafter, no less than 30 days before the |
beginning of such fiscal year, the
Chairman of the Illinois |
Sports Facilities Authority shall certify to the State
|
Comptroller and the State Treasurer, without taking into |
account any revenues
or receipts of the Authority, the lesser |
of (a) an amount equal to the sum of
the Advance Amount plus |
|
$10,000,000 and (b) the sum of (i) the amount
anticipated to be |
required by the Authority during the fiscal year to pay
|
principal of and interest on, and other payments relating to, |
its obligations
issued or to be issued under Section 13 of the |
Illinois Sports Facilities
Authority Act, including any |
deposits required to reserve funds created under
any indenture |
or resolution authorizing issuance of the obligations and
|
payments to providers of credit enhancement, (ii) the amount |
anticipated to be
required by the Authority during the fiscal |
year to pay obligations under
the provisions of any management |
agreement with respect to a facility or
facilities owned by |
the Authority or any assistance agreement with respect to
any |
facility for which financial assistance is provided under the |
Illinois
Sports Facilities Authority Act, and to pay other |
capital and operating
expenses of the Authority during the |
fiscal year, including any deposits
required to reserve funds |
created for repair and replacement of capital assets
and to |
meet the obligations of the Authority under any management |
agreement or
assistance agreement, and (iii) any amounts under |
(i) and (ii) above remaining
unpaid from previous years.
|
A copy of any certification made by the Chairman under the
|
preceding 2 paragraphs shall be filed with the Governor and |
the Mayor
of the City of Chicago. The Chairman may file an |
amended certification
from time to time.
|
Subject to sufficient appropriation by the General |
Assembly, beginning
with July 1, 1988 and thereafter |
|
continuing on the first day of each month
during each fiscal |
year through and including fiscal year 2001, the
Comptroller |
shall order paid and the Treasurer
shall pay to the Authority |
the amount in the Illinois Sports Facilities
Fund until (x) |
the lesser of $10,000,000 or the amount appropriated for
|
payment to the Authority from amounts credited to the Subsidy |
Account and
(y) the lesser of $8,000,000 or the difference |
between the amount
appropriated for payment to the Authority |
during the fiscal year and
$10,000,000 has been paid from |
amounts credited to the Advance Account.
|
Subject to sufficient appropriation by the General |
Assembly, beginning with
July 1, 2001, and thereafter |
continuing on the first day of each month during
each fiscal |
year thereafter, the Comptroller shall order paid and the |
Treasurer
shall pay to the Authority the amount in the |
Illinois Sports Facilities Fund
until (x) the lesser of |
$10,000,000 or the amount appropriated for payment to
the
|
Authority from amounts credited to the Subsidy Account and (y) |
the lesser of
the Advance Amount or the difference between the |
amount appropriated for
payment to the Authority during the |
fiscal year and $10,000,000 has been paid
from amounts |
credited to the Advance Account.
|
Provided that all amounts deposited in the Illinois Sports
|
Facilities Fund and credited to the Subsidy Account, to the |
extent
requested pursuant to the Chairman's certification, |
have been paid, on June
30, 1989, and on June 30 of each year |
|
thereafter, all amounts remaining in
the Subsidy Account of |
the Illinois Sports Facilities Fund shall be
transferred by |
the State Treasurer one-half to the General Revenue Fund in
|
the State Treasury and one-half to the City Tax Fund. Provided |
that all
amounts appropriated from the Illinois Sports |
Facilities Fund, to the
extent requested pursuant to the |
Chairman's certification, have been paid,
on June 30, 1989, |
and on June 30 of each year thereafter, all amounts
remaining |
in the Advance Account of the Illinois Sports Facilities Fund
|
shall be transferred by the State Treasurer to the General |
Revenue Fund in
the State Treasury.
|
For purposes of this Section, the term "Advance Amount" |
means, for
fiscal year 2002, $22,179,000, and for subsequent |
fiscal years through fiscal
year 2032, 105.615% of the Advance |
Amount for the immediately preceding fiscal
year, rounded up |
to the nearest $1,000.
|
(Source: P.A. 91-935, eff. 6-1-01.)
|
(30 ILCS 105/8.25e) (from Ch. 127, par. 144.25e)
|
Sec. 8.25e.
(a) The State Comptroller and the State |
Treasurer shall
automatically transfer on the first day of |
each month, beginning on
February 1, 1988, from the General |
Revenue Fund to each of the funds then
supplemented by the |
pari-mutuel tax pursuant to Section 28 of the Illinois
Horse |
Racing Act of 1975, an amount equal to (i) the amount of |
pari-mutuel
tax deposited into such fund during the month in |
|
fiscal
year 1986 which corresponds to the month preceding such |
transfer, minus
(ii) the amount of pari-mutuel tax (or the |
replacement transfer authorized
by subsection (d) of Section |
8g of this Act and subsection (d) of Section 28.1 of the |
Illinois Horse Racing Act of
1975) deposited into such fund |
during the
month preceding such transfer; provided, however, |
that no transfer shall
be made to a fund if such amount for |
that fund is equal to or less than
zero and provided that no |
transfer shall be made to a fund in any fiscal
year after the |
amount deposited into such fund exceeds the amount of
|
pari-mutuel tax deposited into such fund during fiscal year |
1986.
|
(b) The State Comptroller and the State Treasurer shall |
automatically
transfer on the last day of each month, |
beginning on October 1, 1989 and ending on June 30, 2017, from
|
the General Revenue Fund to the Metropolitan Exposition, |
Auditorium and
Office Building Fund, the amount of $2,750,000 |
plus any cumulative
deficiencies in such transfers for prior |
months, until the sum of
$16,500,000 has been transferred for |
the fiscal year beginning July 1, 1989
and until the sum of |
$22,000,000 has been transferred for each fiscal year
|
thereafter.
|
(b-5) The State Comptroller and the State Treasurer shall |
automatically transfer on the last day of each month, |
beginning on July 1, 2017, from the General Revenue Fund to the |
Metropolitan Exposition, Auditorium and Office Building Fund, |
|
the amount of $1,500,000 plus any cumulative deficiencies in |
such transfers for prior months, until the sum of $12,000,000 |
has been transferred for each fiscal year thereafter through |
fiscal year 2021, after which no such transfers shall be made . |
(c) After the transfer of funds from the Metropolitan |
Exposition,
Auditorium and Office Building Fund to the Bond |
Retirement Fund pursuant to subsection (b) of Section 15
of |
the Metropolitan Civic Center Support Act, the State
|
Comptroller and the State Treasurer shall automatically |
transfer on the
last day of each month, beginning on October 1, |
1989 and ending on June 30, 2017, from the Metropolitan
|
Exposition, Auditorium and Office Building Fund
to the Park |
and Conservation Fund the amount of $1,250,000 plus any
|
cumulative deficiencies in such transfers for prior months, |
until the sum
of $7,500,000 has been transferred for the |
fiscal year beginning July 1,
1989 and until the sum of |
$10,000,000 has been transferred for each fiscal
year |
thereafter.
|
(Source: P.A. 100-23, eff. 7-6-17.)
|
(30 ILCS 105/8g) |
Sec. 8g. Fund transfers. |
(a) (Blank). |
(b) (Blank). |
(c) In addition to any other transfers that may be |
provided for by law,
on August 30 of each fiscal year's license |
|
period, the Illinois Liquor Control
Commission shall direct |
and the State Comptroller and State Treasurer shall
transfer |
from the General Revenue Fund to the Youth Alcoholism and |
Substance
Abuse Prevention Fund an amount equal to the number |
of retail liquor licenses
issued for that fiscal year |
multiplied by $50. |
(d) The payments to programs required under subsection (d) |
of Section 28.1
of the Illinois Horse Racing Act of 1975 shall |
be made, pursuant to appropriation, from
the special funds |
referred to in the statutes cited in that subsection, rather
|
than directly from the General Revenue Fund. |
Beginning January 1, 2000, on the first day of each month, |
or as soon
as may be practical thereafter, the State |
Comptroller shall direct and the
State Treasurer shall |
transfer from the General Revenue Fund to each of the
special |
funds from which payments are to be made under subsection (d) |
of Section 28.1 of the Illinois
Horse Racing Act of 1975 an |
amount equal to 1/12 of the annual amount required
for those |
payments from that special fund, which annual amount shall not |
exceed
the annual amount for those payments from that special |
fund for the calendar
year 1998. The special funds to which |
transfers shall be made under this
subsection (d) include, but |
are not necessarily limited to, the Agricultural
Premium Fund; |
the Metropolitan Exposition, Auditorium and Office Building |
Fund , but only through fiscal year 2021 and not thereafter ;
|
the Fair and Exposition Fund; the Illinois Standardbred |
|
Breeders Fund; the Illinois Thoroughbred
Breeders Fund; and |
the Illinois Veterans' Rehabilitation Fund. Except for |
transfers attributable to prior fiscal years, during State |
fiscal year 2020 only, no transfers shall be made from the |
General Revenue Fund to the Agricultural Premium Fund, the |
Fair and Exposition Fund, the Illinois Standardbred Breeders |
Fund, or the Illinois Thoroughbred Breeders Fund. |
(e) (Blank). |
(f) (Blank). |
(f-1) (Blank). |
(g) (Blank). |
(h) (Blank). |
(i) (Blank). |
(i-1) (Blank). |
(j) (Blank). |
...... |
(k) (Blank). |
(k-1) (Blank). |
(k-2) (Blank). |
(k-3) (Blank). |
(l) (Blank). |
(m) (Blank). |
(n) (Blank). |
(o) (Blank). |
(p) (Blank). |
(q) (Blank). |
|
(i) (Blank). |
(j) (Blank). |
(k) (Blank). |
(l) (Blank). |
(m) (Blank). |
(n) (Blank). |
(o) (Blank). |
(p) (Blank). |
(q) (Blank). |
(r) (Blank). In addition to any other transfers that may |
be provided for by law, on July 1, 2020, or as soon thereafter |
as practical, the State Comptroller shall direct and the State |
Treasurer shall transfer the sum of $500,000 from the General |
Revenue Fund to the Grant Accountability and Transparency |
Fund. |
(s) (Blank). In addition to any other transfers that may |
be provided for by law, on July 1, 2020, or as soon thereafter |
as practical, the State Comptroller shall direct and the State |
Treasurer shall transfer the sum of $500,000 from the General |
Revenue Fund to the Governor's Administrative Fund. |
(t) (Blank). In addition to any other transfers that may |
be provided for by law, on July 1, 2020, or as soon thereafter |
as practical, the State Comptroller shall direct and the State |
Treasurer shall transfer the sum of $320,000 from the General |
Revenue Fund to the Coal Development Fund. |
(u) In addition to any other transfers that may be |
|
provided for by law, on July 1, 2021, or as soon thereafter as |
practical, only as directed by the Director of the Governor's |
Office of Management and Budget, the State Comptroller shall |
direct and the State Treasurer shall transfer the sum of |
$5,000,000 from the General Revenue Fund to the DoIT Special |
Projects Fund, and on June 1, 2022, or as soon thereafter as |
practical, but no later than June 30, 2022, the State |
Comptroller shall direct and the State Treasurer shall |
transfer the sum so transferred from the DoIT Special Projects |
Fund to the General Revenue Fund. |
(v) In addition to any other transfers that may be |
provided for by law, on July 1, 2021, or as soon thereafter as |
practical, the State Comptroller shall direct and the State |
Treasurer shall transfer the sum of $500,000 from the General |
Revenue Fund to the Governor's Administrative Fund. |
(w) In addition to any other transfers that may be |
provided for by law, on July 1, 2021, or as soon thereafter as |
practical, the State Comptroller shall direct and the State |
Treasurer shall transfer the sum of $500,000 from the General |
Revenue Fund to the Grant Accountability and Transparency |
Fund. |
(x) In addition to any other transfers that may be |
provided for by law, at a time or times during Fiscal Year 2022 |
as directed by the Governor, the State Comptroller shall |
direct and the State Treasurer shall transfer up to a total of |
$20,000,000 from the General Revenue Fund to the Illinois |
|
Sports Facilities Fund to be credited to the Advance Account |
within the Fund. |
(y) In addition to any other transfers that may be |
provided for by law, on June 15, 2021, or as soon thereafter as |
practical, but no later than June 30, 2021, the State |
Comptroller shall direct and the State Treasurer shall |
transfer the sum of $100,000,000 from the General Revenue Fund |
to the Technology Management Revolving Fund. |
(Source: P.A. 100-23, eff. 7-6-17; 100-587, eff. 6-4-18; |
101-10, eff. 6-5-19; 101-636, eff. 6-10-20.)
|
(30 ILCS 105/13.2) (from Ch. 127, par. 149.2)
|
Sec. 13.2. Transfers among line item appropriations. |
(a) Transfers among line item appropriations from the same
|
treasury fund for the objects specified in this Section may be |
made in
the manner provided in this Section when the balance |
remaining in one or
more such line item appropriations is |
insufficient for the purpose for
which the appropriation was |
made. |
(a-1) No transfers may be made from one
agency to another |
agency, nor may transfers be made from one institution
of |
higher education to another institution of higher education |
except as provided by subsection (a-4).
|
(a-2) Except as otherwise provided in this Section, |
transfers may be made only among the objects of expenditure |
enumerated
in this Section, except that no funds may be |
|
transferred from any
appropriation for personal services, from |
any appropriation for State
contributions to the State |
Employees' Retirement System, from any
separate appropriation |
for employee retirement contributions paid by the
employer, |
nor from any appropriation for State contribution for
employee |
group insurance.
|
(a-2.5) (Blank). |
(a-3) Further, if an agency receives a separate
|
appropriation for employee retirement contributions paid by |
the employer,
any transfer by that agency into an |
appropriation for personal services
must be accompanied by a |
corresponding transfer into the appropriation for
employee |
retirement contributions paid by the employer, in an amount
|
sufficient to meet the employer share of the employee |
contributions
required to be remitted to the retirement |
system. |
(a-4) Long-Term Care Rebalancing. The Governor may |
designate amounts set aside for institutional services |
appropriated from the General Revenue Fund or any other State |
fund that receives monies for long-term care services to be |
transferred to all State agencies responsible for the |
administration of community-based long-term care programs, |
including, but not limited to, community-based long-term care |
programs administered by the Department of Healthcare and |
Family Services, the Department of Human Services, and the |
Department on Aging, provided that the Director of Healthcare |
|
and Family Services first certifies that the amounts being |
transferred are necessary for the purpose of assisting persons |
in or at risk of being in institutional care to transition to |
community-based settings, including the financial data needed |
to prove the need for the transfer of funds. The total amounts |
transferred shall not exceed 4% in total of the amounts |
appropriated from the General Revenue Fund or any other State |
fund that receives monies for long-term care services for each |
fiscal year. A notice of the fund transfer must be made to the |
General Assembly and posted at a minimum on the Department of |
Healthcare and Family Services website, the Governor's Office |
of Management and Budget website, and any other website the |
Governor sees fit. These postings shall serve as notice to the |
General Assembly of the amounts to be transferred. Notice |
shall be given at least 30 days prior to transfer. |
(b) In addition to the general transfer authority provided |
under
subsection (c), the following agencies have the specific |
transfer authority
granted in this subsection: |
The Department of Healthcare and Family Services is |
authorized to make transfers
representing savings attributable |
to not increasing grants due to the
births of additional |
children from line items for payments of cash grants to
line |
items for payments for employment and social services for the |
purposes
outlined in subsection (f) of Section 4-2 of the |
Illinois Public Aid Code. |
The Department of Children and Family Services is |
|
authorized to make
transfers not exceeding 2% of the aggregate |
amount appropriated to it within
the same treasury fund for |
the following line items among these same line
items: Foster |
Home and Specialized Foster Care and Prevention, Institutions
|
and Group Homes and Prevention, and Purchase of Adoption and |
Guardianship
Services. |
The Department on Aging is authorized to make transfers |
not
exceeding 10% of the aggregate amount appropriated to it |
within the same
treasury fund for the following Community Care |
Program line items among these
same line items: purchase of |
services covered by the Community Care Program and |
Comprehensive Case Coordination. |
The State Board of Education is authorized to make |
transfers from line item appropriations within the same |
treasury fund for General State Aid, General State Aid - Hold |
Harmless, and Evidence-Based Funding, provided that no such |
transfer may be made unless the amount transferred is no |
longer required for the purpose for which that appropriation |
was made, to the line item appropriation for Transitional |
Assistance when the balance remaining in such line item |
appropriation is insufficient for the purpose for which the |
appropriation was made. |
The State Board of Education is authorized to make |
transfers between the following line item appropriations |
within the same treasury fund: Disabled Student |
Services/Materials (Section 14-13.01 of the School Code), |
|
Disabled Student Transportation Reimbursement (Section |
14-13.01 of the School Code), Disabled Student Tuition - |
Private Tuition (Section 14-7.02 of the School Code), |
Extraordinary Special Education (Section 14-7.02b of the |
School Code), Reimbursement for Free Lunch/Breakfast Program, |
Summer School Payments (Section 18-4.3 of the School Code), |
and Transportation - Regular/Vocational Reimbursement (Section |
29-5 of the School Code). Such transfers shall be made only |
when the balance remaining in one or more such line item |
appropriations is insufficient for the purpose for which the |
appropriation was made and provided that no such transfer may |
be made unless the amount transferred is no longer required |
for the purpose for which that appropriation was made. |
The Department of Healthcare and Family Services is |
authorized to make transfers not exceeding 4% of the aggregate |
amount appropriated to it, within the same treasury fund, |
among the various line items appropriated for Medical |
Assistance. |
(c) The sum of such transfers for an agency in a fiscal |
year shall not
exceed 2% of the aggregate amount appropriated |
to it within the same treasury
fund for the following objects: |
Personal Services; Extra Help; Student and
Inmate |
Compensation; State Contributions to Retirement Systems; State
|
Contributions to Social Security; State Contribution for |
Employee Group
Insurance; Contractual Services; Travel; |
Commodities; Printing; Equipment;
Electronic Data Processing; |
|
Operation of Automotive Equipment;
Telecommunications |
Services; Travel and Allowance for Committed, Paroled
and |
Discharged Prisoners; Library Books; Federal Matching Grants |
for
Student Loans; Refunds; Workers' Compensation, |
Occupational Disease, and
Tort Claims; Late Interest Penalties |
under the State Prompt Payment Act and Sections 368a and 370a |
of the Illinois Insurance Code; and, in appropriations to |
institutions of higher education,
Awards and Grants. |
Notwithstanding the above, any amounts appropriated for
|
payment of workers' compensation claims to an agency to which |
the authority
to evaluate, administer and pay such claims has |
been delegated by the
Department of Central Management |
Services may be transferred to any other
expenditure object |
where such amounts exceed the amount necessary for the
payment |
of such claims. |
(c-1) (Blank). |
(c-2) (Blank).
|
(c-3) (Blank). |
(c-4) (Blank). |
(c-5) (Blank). |
(c-6) (Blank). Special provisions for State fiscal year |
2020. Notwithstanding any other provision of this Section, for |
State fiscal year 2020, transfers among line item |
appropriations to a State agency from the same State treasury |
fund may be made for operational or lump sum expenses only, |
provided that the sum of such transfers for a State agency in |
|
State fiscal year 2020 shall not exceed 4% of the aggregate |
amount appropriated to that State agency for operational or |
lump sum expenses for State fiscal year 2020. For the purpose |
of this subsection (c-6), "operational or lump sum expenses" |
includes the following objects: personal services; extra help; |
student and inmate compensation; State contributions to |
retirement systems; State contributions to social security; |
State contributions for employee group insurance; contractual |
services; travel; commodities; printing; equipment; electronic |
data processing; operation of automotive equipment; |
telecommunications services; travel and allowance for |
committed, paroled, and discharged prisoners; library books; |
federal matching grants for student loans; refunds; workers' |
compensation, occupational disease, and tort claims; Late |
Interest Penalties under the State Prompt Payment Act and |
Sections 368a and 370a of the Illinois Insurance Code; lump |
sum and other purposes; and lump sum operations. For the |
purpose of this subsection (c-6), "State agency" does not |
include the Attorney General, the Secretary of State, the |
Comptroller, the Treasurer, or the judicial or legislative |
branches. |
(c-7) Special provisions for State fiscal year 2021. |
Notwithstanding any other provision of this Section, for State |
fiscal year 2021, transfers among line item appropriations to |
a State agency from the same State treasury fund may be made |
for operational or lump sum expenses only, provided that the |
|
sum of such transfers for a State agency in State fiscal year |
2021 shall not exceed 8% of the aggregate amount appropriated |
to that State agency for operational or lump sum expenses for |
State fiscal year 2021. For the purpose of this subsection, |
"operational or lump sum expenses" includes the following |
objects: personal services; extra help; student and inmate |
compensation; State contributions to retirement systems; State |
contributions to social security; State contributions for |
employee group insurance; contractual services; travel; |
commodities; printing; equipment; electronic data processing; |
operation of automotive equipment; telecommunications |
services; travel and allowance for committed, paroled, and |
discharged prisoners; library books; federal matching grants |
for student loans; refunds; workers' compensation, |
occupational disease, and tort claims; Late Interest Penalties |
under the State Prompt Payment Act and Sections 368a and 370a |
of the Illinois Insurance Code; lump sum and other purposes; |
and lump sum operations. For the purpose of this subsection, |
"State agency" does not include the Attorney General, the |
Secretary of State, the Comptroller, the Treasurer, or the |
judicial or legislative branches. |
(c-8) Special provisions for State fiscal year 2022. |
Notwithstanding any other provision of this Section, for State |
fiscal year 2022, transfers among line item appropriations to |
a State agency from the same State treasury fund may be made |
for operational or lump sum expenses only, provided that the |
|
sum of such transfers for a State agency in State fiscal year |
2022 shall not exceed 4% of the aggregate amount appropriated |
to that State agency for operational or lump sum expenses for |
State fiscal year 2022. For the purpose of this subsection, |
"operational or lump sum expenses" includes the following |
objects: personal services; extra help; student and inmate |
compensation; State contributions to retirement systems; State |
contributions to social security; State contributions for |
employee group insurance; contractual services; travel; |
commodities; printing; equipment; electronic data processing; |
operation of automotive equipment; telecommunications |
services; travel and allowance for committed, paroled, and |
discharged prisoners; library books; federal matching grants |
for student loans; refunds; workers' compensation, |
occupational disease, and tort claims; Late Interest Penalties |
under the State Prompt Payment Act and Sections 368a and 370a |
of the Illinois Insurance Code; lump sum and other purposes; |
and lump sum operations. For the purpose of this subsection, |
"State agency" does not include the Attorney General, the |
Secretary of State, the Comptroller, the Treasurer, or the |
judicial or legislative branches. |
(d) Transfers among appropriations made to agencies of the |
Legislative
and Judicial departments and to the |
constitutionally elected officers in the
Executive branch |
require the approval of the officer authorized in Section 10
|
of this Act to approve and certify vouchers. Transfers among |
|
appropriations
made to the University of Illinois, Southern |
Illinois University, Chicago State
University, Eastern |
Illinois University, Governors State University, Illinois
|
State University, Northeastern Illinois University, Northern |
Illinois
University, Western Illinois University, the Illinois |
Mathematics and Science
Academy and the Board of Higher |
Education require the approval of the Board of
Higher |
Education and the Governor. Transfers among appropriations to |
all other
agencies require the approval of the Governor. |
The officer responsible for approval shall certify that |
the
transfer is necessary to carry out the programs and |
purposes for which
the appropriations were made by the General |
Assembly and shall transmit
to the State Comptroller a |
certified copy of the approval which shall
set forth the |
specific amounts transferred so that the Comptroller may
|
change his records accordingly. The Comptroller shall furnish |
the
Governor with information copies of all transfers approved |
for agencies
of the Legislative and Judicial departments and |
transfers approved by
the constitutionally elected officials |
of the Executive branch other
than the Governor, showing the |
amounts transferred and indicating the
dates such changes were |
entered on the Comptroller's records. |
(e) The State Board of Education, in consultation with the |
State Comptroller, may transfer line item appropriations for |
General State Aid or Evidence-Based Funding among the Common |
School Fund and the Education Assistance Fund, and, for State |
|
fiscal year 2020 and each fiscal year thereafter, the Fund for |
the Advancement of Education. With the advice and consent of |
the Governor's Office of Management and Budget, the State |
Board of Education, in consultation with the State |
Comptroller, may transfer line item appropriations between the |
General Revenue Fund and the Education Assistance Fund for the |
following programs: |
(1) Disabled Student Personnel Reimbursement (Section |
14-13.01 of the School Code); |
(2) Disabled Student Transportation Reimbursement |
(subsection (b) of Section 14-13.01 of the School Code); |
(3) Disabled Student Tuition - Private Tuition |
(Section 14-7.02 of the School Code); |
(4) Extraordinary Special Education (Section 14-7.02b |
of the School Code); |
(5) Reimbursement for Free Lunch/Breakfast Programs; |
(6) Summer School Payments (Section 18-4.3 of the |
School Code); |
(7) Transportation - Regular/Vocational Reimbursement |
(Section 29-5 of the School Code); |
(8) Regular Education Reimbursement (Section 18-3 of |
the School Code); and |
(9) Special Education Reimbursement (Section 14-7.03 |
of the School Code). |
(f) For State fiscal year 2020 and each fiscal year |
thereafter, the Department on Aging, in consultation with the |
|
State Comptroller, with the advice and consent of the |
Governor's Office of Management and Budget, may transfer line |
item appropriations for purchase of services covered by the |
Community Care Program between the General Revenue Fund and |
the Commitment to Human Services Fund. |
(Source: P.A. 100-23, eff. 7-6-17; 100-465, eff. 8-31-17; |
100-587, eff. 6-4-18; 100-863, eff. 8-14-18; 100-1064, eff. |
8-24-18; 101-10, eff. 6-5-19; 101-81, eff. 7-12-19; 101-275, |
eff. 8-9-19; 101-636, eff. 6-10-20.)
|
(30 ILCS 105/25) (from Ch. 127, par. 161)
|
Sec. 25. Fiscal year limitations.
|
(a) All appropriations shall be
available for expenditure |
for the fiscal year or for a lesser period if the
Act making |
that appropriation so specifies. A deficiency or emergency
|
appropriation shall be available for expenditure only through |
June 30 of
the year when the Act making that appropriation is |
enacted unless that Act
otherwise provides.
|
(b) Outstanding liabilities as of June 30, payable from |
appropriations
which have otherwise expired, may be paid out |
of the expiring
appropriations during the 2-month period |
ending at the
close of business on August 31. Any service |
involving
professional or artistic skills or any personal |
services by an employee whose
compensation is subject to |
income tax withholding must be performed as of June
30 of the |
fiscal year in order to be considered an "outstanding |
|
liability as of
June 30" that is thereby eligible for payment |
out of the expiring
appropriation.
|
(b-1) However, payment of tuition reimbursement claims |
under Section 14-7.03 or
18-3 of the School Code may be made by |
the State Board of Education from its
appropriations for those |
respective purposes for any fiscal year, even though
the |
claims reimbursed by the payment may be claims attributable to |
a prior
fiscal year, and payments may be made at the direction |
of the State
Superintendent of Education from the fund from |
which the appropriation is made
without regard to any fiscal |
year limitations, except as required by subsection (j) of this |
Section. Beginning on June 30, 2021, payment of tuition |
reimbursement claims under Section 14-7.03 or 18-3 of the |
School Code as of June 30, payable from appropriations that |
have otherwise expired, may be paid out of the expiring |
appropriation during the 4-month period ending at the close of |
business on October 31.
|
(b-2) (Blank). |
(b-2.5) (Blank). |
(b-2.6) (Blank). |
(b-2.6a) (Blank). |
(b-2.6b) (Blank). |
(b-2.6c) (Blank). |
(b-2.6d) All outstanding liabilities as of June 30, 2020, |
payable from appropriations that would otherwise expire at the |
conclusion of the lapse period for fiscal year 2020, and |
|
interest penalties payable on those liabilities under the |
State Prompt Payment Act, may be paid out of the expiring |
appropriations until December 31, 2020, without regard to the |
fiscal year in which the payment is made, as long as vouchers |
for the liabilities are received by the Comptroller no later |
than September 30, 2020. |
(b-2.6e) All outstanding liabilities as of June 30, 2021, |
payable from appropriations that would otherwise expire at the |
conclusion of the lapse period for fiscal year 2021, and |
interest penalties payable on those liabilities under the |
State Prompt Payment Act, may be paid out of the expiring |
appropriations until September 30, 2021, without regard to the |
fiscal year in which the payment is made. |
(b-2.7) For fiscal years 2012, 2013, 2014, 2018, 2019, |
2020, and 2021, and 2022, interest penalties payable under the |
State Prompt Payment Act associated with a voucher for which |
payment is issued after June 30 may be paid out of the next |
fiscal year's appropriation. The future year appropriation |
must be for the same purpose and from the same fund as the |
original payment. An interest penalty voucher submitted |
against a future year appropriation must be submitted within |
60 days after the issuance of the associated voucher, except |
that, for fiscal year 2018 only, an interest penalty voucher |
submitted against a future year appropriation must be |
submitted within 60 days of June 5, 2019 (the effective date of |
Public Act 101-10). The Comptroller must issue the interest |
|
payment within 60 days after acceptance of the interest |
voucher. |
(b-3) Medical payments may be made by the Department of |
Veterans' Affairs from
its
appropriations for those purposes |
for any fiscal year, without regard to the
fact that the |
medical services being compensated for by such payment may |
have
been rendered in a prior fiscal year, except as required |
by subsection (j) of this Section. Beginning on June 30, 2021, |
medical payments payable from appropriations that have |
otherwise expired may be paid out of the expiring |
appropriation during the 4-month period ending at the close of |
business on October 31.
|
(b-4) Medical payments and child care
payments may be made |
by the Department of
Human Services (as successor to the |
Department of Public Aid) from
appropriations for those |
purposes for any fiscal year,
without regard to the fact that |
the medical or child care services being
compensated for by |
such payment may have been rendered in a prior fiscal
year; and |
payments may be made at the direction of the Department of
|
Healthcare and Family Services (or successor agency) from the |
Health Insurance Reserve Fund without regard to any fiscal
|
year limitations, except as required by subsection (j) of this |
Section. Beginning on June 30, 2021, medical and child care |
payments made by the Department of Human Services and payments |
made at the discretion of the Department of Healthcare and |
Family Services (or successor agency) from the Health |
|
Insurance Reserve Fund and payable from appropriations that |
have otherwise expired may be paid out of the expiring |
appropriation during the 4-month period ending at the close of |
business on October 31.
|
(b-5) Medical payments may be made by the Department of |
Human Services from its appropriations relating to substance |
abuse treatment services for any fiscal year, without regard |
to the fact that the medical services being compensated for by |
such payment may have been rendered in a prior fiscal year, |
provided the payments are made on a fee-for-service basis |
consistent with requirements established for Medicaid |
reimbursement by the Department of Healthcare and Family |
Services, except as required by subsection (j) of this |
Section. Beginning on June 30, 2021, medical payments made by |
the Department of Human Services relating to substance abuse |
treatment services payable from appropriations that have |
otherwise expired may be paid out of the expiring |
appropriation during the 4-month period ending at the close of |
business on October 31. |
(b-6) (Blank).
|
(b-7) Payments may be made in accordance with a plan |
authorized by paragraph (11) or (12) of Section 405-105 of the |
Department of Central Management Services Law from |
appropriations for those payments without regard to fiscal |
year limitations. |
(b-8) Reimbursements to eligible airport sponsors for the |
|
construction or upgrading of Automated Weather Observation |
Systems may be made by the Department of Transportation from |
appropriations for those purposes for any fiscal year, without |
regard to the fact that the qualification or obligation may |
have occurred in a prior fiscal year, provided that at the time |
the expenditure was made the project had been approved by the |
Department of Transportation prior to June 1, 2012 and, as a |
result of recent changes in federal funding formulas, can no |
longer receive federal reimbursement. |
(b-9) (Blank). |
(c) Further, payments may be made by the Department of |
Public Health and the
Department of Human Services (acting as |
successor to the Department of Public
Health under the |
Department of Human Services Act)
from their respective |
appropriations for grants for medical care to or on
behalf of |
premature and high-mortality risk infants and their mothers |
and
for grants for supplemental food supplies provided under |
the United States
Department of Agriculture Women, Infants and |
Children Nutrition Program,
for any fiscal year without regard |
to the fact that the services being
compensated for by such |
payment may have been rendered in a prior fiscal year, except |
as required by subsection (j) of this Section. Beginning on |
June 30, 2021, payments made by the Department of Public |
Health and the Department of Human Services from their |
respective appropriations for grants for medical care to or on |
behalf of premature and high-mortality risk infants and their |
|
mothers and for grants for supplemental food supplies provided |
under the United States Department of Agriculture Women, |
Infants and Children Nutrition Program payable from |
appropriations that have otherwise expired may be paid out of |
the expiring appropriations during the 4-month period ending |
at the close of business on October 31.
|
(d) The Department of Public Health and the Department of |
Human Services
(acting as successor to the Department of |
Public Health under the Department of
Human Services Act) |
shall each annually submit to the State Comptroller, Senate
|
President, Senate
Minority Leader, Speaker of the House, House |
Minority Leader, and the
respective Chairmen and Minority |
Spokesmen of the
Appropriations Committees of the Senate and |
the House, on or before
December 31, a report of fiscal year |
funds used to pay for services
provided in any prior fiscal |
year. This report shall document by program or
service |
category those expenditures from the most recently completed |
fiscal
year used to pay for services provided in prior fiscal |
years.
|
(e) The Department of Healthcare and Family Services, the |
Department of Human Services
(acting as successor to the |
Department of Public Aid), and the Department of Human |
Services making fee-for-service payments relating to substance |
abuse treatment services provided during a previous fiscal |
year shall each annually
submit to the State
Comptroller, |
Senate President, Senate Minority Leader, Speaker of the |
|
House,
House Minority Leader, the respective Chairmen and |
Minority Spokesmen of the
Appropriations Committees of the |
Senate and the House, on or before November
30, a report that |
shall document by program or service category those
|
expenditures from the most recently completed fiscal year used |
to pay for (i)
services provided in prior fiscal years and (ii) |
services for which claims were
received in prior fiscal years.
|
(f) The Department of Human Services (as successor to the |
Department of
Public Aid) shall annually submit to the State
|
Comptroller, Senate President, Senate Minority Leader, Speaker |
of the House,
House Minority Leader, and the respective |
Chairmen and Minority Spokesmen of
the Appropriations |
Committees of the Senate and the House, on or before
December |
31, a report
of fiscal year funds used to pay for services |
(other than medical care)
provided in any prior fiscal year. |
This report shall document by program or
service category |
those expenditures from the most recently completed fiscal
|
year used to pay for services provided in prior fiscal years.
|
(g) In addition, each annual report required to be |
submitted by the
Department of Healthcare and Family Services |
under subsection (e) shall include the following
information |
with respect to the State's Medicaid program:
|
(1) Explanations of the exact causes of the variance |
between the previous
year's estimated and actual |
liabilities.
|
(2) Factors affecting the Department of Healthcare and |
|
Family Services' liabilities,
including, but not limited |
to, numbers of aid recipients, levels of medical
service |
utilization by aid recipients, and inflation in the cost |
of medical
services.
|
(3) The results of the Department's efforts to combat |
fraud and abuse.
|
(h) As provided in Section 4 of the General Assembly |
Compensation Act,
any utility bill for service provided to a |
General Assembly
member's district office for a period |
including portions of 2 consecutive
fiscal years may be paid |
from funds appropriated for such expenditure in
either fiscal |
year.
|
(i) An agency which administers a fund classified by the |
Comptroller as an
internal service fund may issue rules for:
|
(1) billing user agencies in advance for payments or |
authorized inter-fund transfers
based on estimated charges |
for goods or services;
|
(2) issuing credits, refunding through inter-fund |
transfers, or reducing future inter-fund transfers
during
|
the subsequent fiscal year for all user agency payments or |
authorized inter-fund transfers received during the
prior |
fiscal year which were in excess of the final amounts owed |
by the user
agency for that period; and
|
(3) issuing catch-up billings to user agencies
during |
the subsequent fiscal year for amounts remaining due when |
payments or authorized inter-fund transfers
received from |
|
the user agency during the prior fiscal year were less |
than the
total amount owed for that period.
|
User agencies are authorized to reimburse internal service |
funds for catch-up
billings by vouchers drawn against their |
respective appropriations for the
fiscal year in which the |
catch-up billing was issued or by increasing an authorized |
inter-fund transfer during the current fiscal year. For the |
purposes of this Act, "inter-fund transfers" means transfers |
without the use of the voucher-warrant process, as authorized |
by Section 9.01 of the State Comptroller Act.
|
(i-1) Beginning on July 1, 2021, all outstanding |
liabilities, not payable during the 4-month lapse period as |
described in subsections (b-1), (b-3), (b-4), (b-5), and (c) |
of this Section, that are made from appropriations for that |
purpose for any fiscal year, without regard to the fact that |
the services being compensated for by those payments may have |
been rendered in a prior fiscal year, are limited to only those |
claims that have been incurred but for which a proper bill or |
invoice as defined by the State Prompt Payment Act has not been |
received by September 30th following the end of the fiscal |
year in which the service was rendered. |
(j) Notwithstanding any other provision of this Act, the |
aggregate amount of payments to be made without regard for |
fiscal year limitations as contained in subsections (b-1), |
(b-3), (b-4), (b-5), and (c) of this Section, and determined |
by using Generally Accepted Accounting Principles, shall not |
|
exceed the following amounts: |
(1) $6,000,000,000 for outstanding liabilities related |
to fiscal year 2012; |
(2) $5,300,000,000 for outstanding liabilities related |
to fiscal year 2013; |
(3) $4,600,000,000 for outstanding liabilities related |
to fiscal year 2014; |
(4) $4,000,000,000 for outstanding liabilities related |
to fiscal year 2015; |
(5) $3,300,000,000 for outstanding liabilities related |
to fiscal year 2016; |
(6) $2,600,000,000 for outstanding liabilities related |
to fiscal year 2017; |
(7) $2,000,000,000 for outstanding liabilities related |
to fiscal year 2018; |
(8) $1,300,000,000 for outstanding liabilities related |
to fiscal year 2019; |
(9) $600,000,000 for outstanding liabilities related |
to fiscal year 2020; and |
(10) $0 for outstanding liabilities related to fiscal |
year 2021 and fiscal years thereafter. |
(k) Department of Healthcare and Family Services Medical |
Assistance Payments. |
(1) Definition of Medical Assistance. |
For purposes of this subsection, the term "Medical |
Assistance" shall include, but not necessarily be |
|
limited to, medical programs and services authorized |
under Titles XIX and XXI of the Social Security Act, |
the Illinois Public Aid Code, the Children's Health |
Insurance Program Act, the Covering ALL KIDS Health |
Insurance Act, the Long Term Acute Care Hospital |
Quality Improvement Transfer Program Act, and medical |
care to or on behalf of persons suffering from chronic |
renal disease, persons suffering from hemophilia, and |
victims of sexual assault. |
(2) Limitations on Medical Assistance payments that |
may be paid from future fiscal year appropriations. |
(A) The maximum amounts of annual unpaid Medical |
Assistance bills received and recorded by the |
Department of Healthcare and Family Services on or |
before June 30th of a particular fiscal year |
attributable in aggregate to the General Revenue Fund, |
Healthcare Provider Relief Fund, Tobacco Settlement |
Recovery Fund, Long-Term Care Provider Fund, and the |
Drug Rebate Fund that may be paid in total by the |
Department from future fiscal year Medical Assistance |
appropriations to those funds are:
$700,000,000 for |
fiscal year 2013 and $100,000,000 for fiscal year 2014 |
and each fiscal year thereafter. |
(B) Bills for Medical Assistance services rendered |
in a particular fiscal year, but received and recorded |
by the Department of Healthcare and Family Services |
|
after June 30th of that fiscal year, may be paid from |
either appropriations for that fiscal year or future |
fiscal year appropriations for Medical Assistance. |
Such payments shall not be subject to the requirements |
of subparagraph (A). |
(C) Medical Assistance bills received by the |
Department of Healthcare and Family Services in a |
particular fiscal year, but subject to payment amount |
adjustments in a future fiscal year may be paid from a |
future fiscal year's appropriation for Medical |
Assistance. Such payments shall not be subject to the |
requirements of subparagraph (A). |
(D) Medical Assistance payments made by the |
Department of Healthcare and Family Services from |
funds other than those specifically referenced in |
subparagraph (A) may be made from appropriations for |
those purposes for any fiscal year without regard to |
the fact that the Medical Assistance services being |
compensated for by such payment may have been rendered |
in a prior fiscal year. Such payments shall not be |
subject to the requirements of subparagraph (A). |
(3) Extended lapse period for Department of Healthcare |
and Family Services Medical Assistance payments. |
Notwithstanding any other State law to the contrary, |
outstanding Department of Healthcare and Family Services |
Medical Assistance liabilities, as of June 30th, payable |
|
from appropriations which have otherwise expired, may be |
paid out of the expiring appropriations during the 6-month |
period ending at the close of business on December 31st. |
(l) The changes to this Section made by Public Act 97-691 |
shall be effective for payment of Medical Assistance bills |
incurred in fiscal year 2013 and future fiscal years. The |
changes to this Section made by Public Act 97-691 shall not be |
applied to Medical Assistance bills incurred in fiscal year |
2012 or prior fiscal years. |
(m) The Comptroller must issue payments against |
outstanding liabilities that were received prior to the lapse |
period deadlines set forth in this Section as soon thereafter |
as practical, but no payment may be issued after the 4 months |
following the lapse period deadline without the signed |
authorization of the Comptroller and the Governor. |
(Source: P.A. 100-23, eff. 7-6-17; 100-587, eff. 6-4-18; |
101-10, eff. 6-5-19; 101-275, eff. 8-9-19; 101-636, eff. |
6-10-20.)
|
ARTICLE 3. AMENDMENTS TO MISCELLANEOUS ACTS AFFECTING THE |
FISCAL YEAR 2022 BUDGET |
Section 3-5. The Illinois Administrative Procedure Act is |
amended by adding Sections 5-45.8, 5-45.9, 5-45.10, and |
5-45.11 as follows: |
|
(5 ILCS 100/5-45.8 new) |
Sec. 5-45.8. Emergency rulemaking; federal American Rescue |
Plan Act of 2021. To provide for the expeditious and timely |
implementation of the distribution of federal Coronavirus |
Local Fiscal Recovery Fund moneys to eligible units of local |
government in accordance with the Section 9901 of the federal |
American Rescue Plan Act of 2021, emergency rules may be |
adopted by any State agency authorized thereunder to so |
implement the distribution. The adoption of emergency rules |
authorized by Section 5-45 and this Section is deemed to be |
necessary for the public interest, safety, and welfare. |
This Section is repealed one year after the effective date |
of this amendatory Act of the 102nd General Assembly. |
(5 ILCS 100/5-45.9 new) |
Sec. 5-45.9. Emergency rulemaking; Illinois Public Aid |
Code. To provide for the expeditious and timely implementation |
of the changes made to Articles 5 and 12 of the Illinois Public |
Aid Code by this amendatory Act of the 102nd General Assembly, |
emergency rules implementing the changes made to Articles 5 |
and 12 of the Illinois Public Aid Code by this amendatory Act |
of the 102nd General Assembly may be adopted in accordance |
with Section 5-45 by the Department of Healthcare and Family |
Services or other department essential to the implementation |
of the changes. The adoption of emergency rules authorized by |
Section 5-45 and this Section is deemed to be necessary for the |
|
public interest, safety, and welfare. |
This Section is repealed one year after the effective date |
of this amendatory Act of the 102nd General Assembly. |
(5 ILCS 100/5-45.10 new) |
Sec. 5-45.10. Emergency rulemaking; Mental Health and |
Developmental Disabilities Administrative Act. To provide for |
the expeditious and timely implementation of the changes made |
to Section 74 of the Mental Health and Developmental |
Disabilities Administrative Act by this amendatory Act of the |
102nd General Assembly, emergency rules implementing the |
changes made to Section 74 of the Mental Health and |
Developmental Disabilities Administrative Act by this |
amendatory Act of the 102nd General Assembly may be adopted in |
accordance with Section 5-45 by the Department of Human |
Services or other department essential to the implementation |
of the changes. The adoption of emergency rules authorized by |
Section 5-45 and this Section is deemed to be necessary for the |
public interest, safety, and welfare. |
This Section is repealed one year after the effective date |
of this amendatory Act of the 102nd General Assembly. |
(5 ILCS 100/5-45.11 new) |
Sec. 5-45.11. Emergency rulemaking; federal Coronavirus |
State Fiscal Recovery Fund. To provide for the expeditious and |
timely implementation of any programs changed or established |
|
by this amendatory Act of the 102nd General Assembly and |
funded directly or indirectly with moneys from the federal |
Coronavirus State Fiscal Recovery Fund, emergency rules |
implementing such programs may be adopted in accordance with |
Section 5-45 by the Department of Commerce and Economic |
Opportunity. The adoption of emergency rules authorized by |
Section 5-45 and this Section is deemed to be necessary for the |
public interest, safety, and welfare. |
This Section is repealed one year after the effective date |
of this amendatory Act of the 102nd General Assembly. |
Section 3-10. The State Comptroller Act is amended by |
changing Section 25 as follows:
|
(15 ILCS 405/25)
|
Sec. 25. Fund. |
(a) All cost recoveries, fees for services, and |
governmental
grants received by the Comptroller shall be |
maintained in a special fund in the
State treasury, to be known |
as the Comptroller's Administrative Fund. Moneys
in the |
Comptroller's Administrative Fund may be utilized by the |
Comptroller,
subject to appropriation, in the discharge of the |
duties of the office. |
(b) The Comptroller may direct and the State Treasurer |
shall transfer amounts from the Comptroller's Administrative |
Fund into the Capital Facility and Technology Modernization |
|
Fund as the Comptroller deems necessary. The Comptroller may |
direct and the State Treasurer shall transfer any such amounts |
so transferred to the Capital Facility and Technology |
Modernization Fund back to the Comptroller's Administrative |
Fund at any time.
|
(Source: P.A. 89-511, eff. 1-1-97.)
|
Section 3-15. The Department of Commerce and Economic |
Opportunity Law of the Civil Administrative Code of Illinois |
is amended by changing Sections 605-705, 605-707, 605-1047, |
and 605-1050 as follows:
|
(20 ILCS 605/605-705) (was 20 ILCS 605/46.6a)
|
Sec. 605-705. Grants to local tourism and convention |
bureaus.
|
(a) To establish a grant program for local tourism and
|
convention bureaus. The Department will develop and implement |
a program
for the use of funds, as authorized under this Act, |
by local tourism and
convention bureaus. For the purposes of |
this Act,
bureaus eligible to receive funds are those local |
tourism and
convention bureaus that are (i) either units of |
local government or
incorporated as not-for-profit |
organizations; (ii) in legal existence
for a minimum of 2 |
years before July 1, 2001; (iii) operating with a
paid, |
full-time staff whose sole purpose is to promote tourism in |
the
designated service area; and (iv) affiliated with one or |
|
more
municipalities or counties that support the bureau with |
local hotel-motel
taxes. After July 1, 2001, bureaus |
requesting certification in
order to receive funds for the |
first time must be local tourism and
convention bureaus that |
are (i) either units of local government or
incorporated as |
not-for-profit organizations; (ii) in legal existence
for a |
minimum of 2 years before the request for certification; (iii)
|
operating with a paid, full-time staff whose sole purpose is |
to promote
tourism in the designated service area; and (iv) |
affiliated with
multiple municipalities or counties that |
support the bureau with local
hotel-motel taxes. Each bureau |
receiving funds under this Act will be
certified by the |
Department as the designated recipient to serve an area of
the |
State.
Notwithstanding the criteria set forth in this |
subsection (a), or any rule
adopted under this subsection (a), |
the Director of the Department may
provide for the award of |
grant funds to one or more entities if in the
Department's |
judgment that action is necessary in order to prevent a loss of
|
funding critical to promoting tourism in a designated |
geographic area of the
State.
|
(b) To distribute grants to local tourism and convention |
bureaus from
appropriations made from the Local Tourism Fund |
for that purpose. Of the
amounts appropriated annually to the |
Department for expenditure under this
Section prior to July 1, |
2011, one-third of those monies shall be used for grants to |
convention and
tourism bureaus in cities with a population |
|
greater than 500,000. The
remaining two-thirds of the annual |
appropriation prior to July 1, 2011 shall be used for grants to
|
convention and tourism bureaus in the
remainder of the State, |
in accordance with a formula based upon the
population served. |
Of the amounts appropriated annually to the Department for |
expenditure under this Section beginning July 1, 2011, 18% of |
such moneys shall be used for grants to convention and tourism |
bureaus in cities with a population greater than 500,000. Of |
the amounts appropriated annually to the Department for |
expenditure under this Section beginning July 1, 2011, 82% of |
such moneys shall be used for grants to convention bureaus in |
the remainder of the State, in accordance with a formula based |
upon the population served. The Department may reserve up to |
3% of total
local tourism funds available for costs of |
administering the program to conduct audits of grants, to |
provide incentive funds to
those
bureaus that will conduct |
promotional activities designed to further the
Department's |
statewide advertising campaign, to fund special statewide
|
promotional activities, and to fund promotional activities |
that support an
increased use of the State's parks or historic |
sites. The Department shall require that any convention and |
tourism bureau receiving a grant under this Section that |
requires matching funds shall provide matching funds equal to |
no less than 50% of the grant amount except that in Fiscal |
Years 2021 and 2022 only Year 2021 , the Department shall |
require that any convention and tourism bureau receiving a |
|
grant under this Section that requires matching funds shall |
provide matching funds equal to no less than 25% of the grant |
amount. During fiscal year 2013, the Department shall reserve |
$2,000,000 of the available local tourism funds for |
appropriation to the Historic Preservation Agency for the |
operation of the Abraham Lincoln Presidential Library and |
Museum and State historic sites. |
To provide for the expeditious and timely implementation |
of the changes made by this amendatory Act of the 101st General |
Assembly, emergency rules to implement the changes made by |
this amendatory Act of the 101st General Assembly may be |
adopted by the Department subject to the provisions of Section |
5-45 of the Illinois Administrative Procedure Act.
|
(Source: P.A. 100-678, eff. 8-3-18; 101-636, eff. 6-10-20.)
|
(20 ILCS 605/605-707) (was 20 ILCS 605/46.6d)
|
Sec. 605-707. International Tourism Program.
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(a) The Department of Commerce and Economic Opportunity |
must establish a
program for international tourism. The |
Department shall develop and
implement the program on January |
1, 2000 by rule. As part of the program, the
Department may |
work in cooperation with local convention and tourism bureaus
|
in Illinois in the coordination of international tourism |
efforts at the State
and local level. The
Department may (i)
|
work in cooperation with local convention and tourism bureaus |
for efficient use
of their international tourism marketing
|
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resources, (ii) promote
Illinois in international meetings and |
tourism markets, (iii) work with
convention and tourism |
bureaus throughout the State to increase the number of
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international tourists to Illinois, (iv) provide training,
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research, technical support, and grants to certified |
convention and
tourism bureaus, (v) provide staff, |
administration, and related support
required to manage the |
programs under this Section, and (vi) provide grants
for the |
development of or the enhancement of
international tourism
|
attractions.
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(b) The Department shall make grants for expenses related |
to international
tourism and pay for the staffing,
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administration, and related support from the International
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Tourism Fund, a special fund created in the State Treasury. Of |
the amounts
deposited into the Fund in fiscal year 2000 after |
January 1, 2000 through fiscal year 2011, 55% shall be
used for |
grants to convention and tourism bureaus in Chicago (other |
than the
City of Chicago's Office of Tourism) and 45% shall be |
used for development of
international tourism in areas outside |
of Chicago. Of the amounts
deposited into the Fund in fiscal |
year 2001 and thereafter, 55% shall be used
for grants to |
convention and tourism bureaus in Chicago, and of that amount |
not
less than
27.5% shall be used
for
grants to convention and |
tourism bureaus in Chicago other than the
City of Chicago's |
Office of Tourism, and 45%
shall be
used for administrative |
expenses and grants authorized under this Section and
|
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development of international tourism in areas outside of |
Chicago, of which not
less than $1,000,000
shall be used |
annually to make grants to convention and tourism bureaus in
|
cities other than Chicago that demonstrate their international |
tourism appeal
and request to develop or expand their |
international tourism marketing
program, and may also be used |
to provide grants under item (vi) of subsection
(a) of
this |
Section. All of the amounts deposited into the Fund in fiscal |
year 2012 and thereafter shall be used for administrative |
expenses and grants authorized under this Section and |
development of international tourism in areas outside of |
Chicago, of which not less than $1,000,000 shall be used |
annually to make grants to convention and tourism bureaus in |
cities other than Chicago that demonstrate their international |
tourism appeal and request to develop or expand their |
international tourism marketing program, and may also be used |
to provide grants under item (vi) of subsection (a) of this |
Section. Amounts appropriated to the State Comptroller for |
administrative expenses and grants authorized by the Illinois |
Global Partnership Act are payable from the International |
Tourism Fund.
For Fiscal Years 2021 and 2022 Year 2021 only, |
the administrative expenses by the Department and the grants |
to convention and visitors bureaus outside the City of Chicago |
may be expended for the general purposes of promoting |
conventions and tourism.
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(c) A convention and tourism bureau is eligible to receive |
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grant moneys
under this Section if the bureau is certified to |
receive funds under Title 14
of the Illinois Administrative |
Code, Section 550.35. To be eligible for a
grant, a convention |
and tourism bureau must provide matching funds equal to the
|
grant amount. The Department shall require that any convention |
and tourism bureau receiving a grant under this Section that |
requires matching funds shall provide matching funds equal to |
no less than 50% of the grant amount. In certain
circumstances |
as determined by the Director of Commerce and Economic |
Opportunity,
however, the City of
Chicago's
Office of Tourism |
or any other convention and tourism bureau
may provide
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matching funds equal to no less than 50% of the grant amount to |
be
eligible to
receive
the grant.
One-half of this 50% may be |
provided through in-kind contributions.
Grants received by the |
City of Chicago's Office of Tourism and by convention
and |
tourism bureaus in Chicago may be expended for the general |
purposes of
promoting conventions and tourism.
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(Source: P.A. 101-636, eff. 6-10-20.)
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(20 ILCS 605/605-1047) |
Sec. 605-1047 605-1045 . Local Coronavirus Urgent |
Remediation Emergency (or Local CURE) Support Program. |
(a) Purpose. The Department may receive, directly or |
indirectly, federal funds from the Coronavirus Relief Fund |
provided to the State pursuant to Section 5001 of the federal |
Coronavirus Aid, Relief, and Economic Security (CARES) Act to |
|
provide financial support to units of local government for |
purposes authorized by Section 5001 of the federal Coronavirus |
Aid, Relief, and Economic Security (CARES) Act and related |
federal guidance. Upon receipt of such funds, and |
appropriations for their use, the Department shall administer |
a Local Coronavirus Urgent Remediation Emergency (or Local |
CURE) Support Program to provide financial support to units of |
local government that have incurred necessary expenditures due |
to the COVID-19 public health emergency. The Department shall |
provide by rule the administrative framework for the Local |
CURE Support Program. |
(b) Allocations. A portion of the funds appropriated for |
the Local CURE Support Program may be allotted to |
municipalities and counties based on proportionate population. |
Units of local government, or portions thereof, located within |
the five Illinois counties that received direct allotments |
from the federal Coronavirus Relief Fund will not be included |
in the support program allotments. The Department may |
establish other administrative procedures for providing |
financial support to units of local government. Appropriated |
funds may be used for administration of the support program, |
including the hiring of a service provider to assist with |
coordination and administration. |
(c) Administrative Procedures. The Department may |
establish administrative procedures for the support program, |
including any application procedures, grant agreements, |
|
certifications, payment methodologies, and other |
accountability measures that may be imposed upon recipients of |
funds under the grant program. Financial support may be |
provided in the form of grants or in the form of expense |
reimbursements for disaster-related expenditures. The |
emergency rulemaking process may be used to promulgate the |
initial rules of the grant program. |
(d) Definitions. As used in this Section: |
(1) "COVID-19" means the novel coronavirus virus |
disease deemed COVID-19 by the World Health Organization |
on February 11, 2020. |
(2) "Local government" or "unit of local government" |
means any unit of local government as defined in Article |
VII, Section 1 of the Illinois Constitution. |
(3) "Third party administrator" means a service |
provider selected by the Department to provide operational |
assistance with the administration of the support program. |
(e) Powers of the Department. The Department has the power |
to: |
(1) Provide financial support to eligible units of |
local government with funds appropriated from the Local |
Coronavirus Urgent Remediation Emergency (Local CURE) Fund |
to cover necessary costs incurred due to the COVID-19 |
public health emergency that are eligible to be paid using |
federal funds from the Coronavirus Relief Fund. |
(2) Enter into agreements, accept funds, issue grants |
|
or expense reimbursements, and engage in cooperation with |
agencies of the federal government and units of local |
governments to carry out the purposes of this support |
program, and to use funds appropriated from the Local |
Coronavirus Urgent Remediation Emergency (Local CURE) Fund |
fund upon such terms and conditions as may be established |
by the federal government and the Department. |
(3) Enter into agreements with third-party |
administrators to assist the state with operational |
assistance and administrative functions related to review |
of documentation and processing of financial support |
payments to units of local government. |
(4) Establish applications, notifications, contracts, |
and procedures and adopt rules deemed necessary and |
appropriate to carry out the provisions of this Section. |
To provide for the expeditious and timely implementation |
of this Act, emergency rules to implement any provision of |
this Section may be adopted by the Department subject to |
the provisions of Section 5-45 of the Illinois |
Administrative Procedure Act. |
(5) Provide staff, administration, and related support |
required to manage the support program and pay for the |
staffing, administration, and related support with funds |
appropriated from the Local Coronavirus Urgent Remediation |
Emergency (Local CURE) Fund. |
(6) Exercise such other powers as are necessary or |
|
incidental to the foregoing. |
(f) Local CURE Financial Support to Local Governments.
The |
Department is authorized to provide financial support to |
eligible units of local government including, but not limited |
to, certified local health departments for necessary costs |
incurred due to the COVID-19 public health emergency that are |
eligible to be paid using federal funds from the Coronavirus |
Relief Fund. |
(1) Financial support funds may be used by a unit of |
local government only for payment of costs that: (i) are |
necessary expenditures incurred due to the public health |
emergency of COVID-19; (ii) were not accounted for in the |
most recent budget approved as of March 27, 2020 for the |
unit of local government; and (iii) were incurred between |
March 1, 2020 and December 31, 2021, or until the end of |
any extension of the covered period authorized by federal |
law 30, 2020 . |
(2) A unit of local government receiving financial |
support funds under this program shall certify to the |
Department that it shall use the funds in accordance with |
the requirements of paragraph (1) and that any funds |
received but not used for such purposes shall be repaid to |
the Department. |
(3) The Department shall make the determination to |
provide financial support funds to a unit of local |
government on the basis of criteria established by the |
|
Department. |
(g) Additional Purpose. The Local CURE Fund may receive, |
directly or indirectly, federal funds from the Coronavirus |
Local Fiscal Recovery Fund pursuant to Section 9901 of the |
federal American Rescue Plan Act of 2021 in order to |
distribute the funds to units of local government in |
accordance with Section 9901 of the American Recovery Plan Act |
and any related federal guidance. Upon receipt of such funds |
into the Local CURE Fund, as instructed by the Governor, the |
Department shall cooperate with the Department of Revenue and |
any other relevant agency to administer the distribution of |
such funds to the appropriate units of local government.
|
(Source: P.A. 101-636, eff. 6-10-20; revised 8-3-20.) |
(20 ILCS 605/605-1050) |
Sec. 605-1050. Coronavirus Back to Business Interruption |
Grant Program (or Back to Business BIG Program). |
(a) Purpose. The Department may receive State funds and , |
directly or indirectly, federal funds under the authority of |
legislation passed in response to the Coronavirus epidemic |
including, but not limited to, the Coronavirus Aid, Relief, |
and Economic Security Act, P.L. 116-136 (the "CARES Act") and |
the American Rescue Plan Act of 2021, P.L. 117-2 (the "ARPA |
Act"); such funds shall be used in accordance with the CARES |
Act and ARPA Act legislation and published guidance . Section |
5001 of the CARES Act establishes the Coronavirus Relief Fund, |
|
which authorizes the State to expend funds that are necessary |
to respond to the COVID-19 public health emergency. The |
financial support of Qualifying Businesses is a necessary |
expense under federal guidance for implementing Section 5001 |
of the CARES Act. Upon receipt or availability of such State or |
federal funds, and subject to appropriations for their use, |
the Department shall administer a program to provide financial |
assistance to Qualifying Businesses that have experienced |
interruption of business or other adverse conditions |
attributable to the COVID-19 public health emergency. Support |
may be provided directly by the Department to businesses and |
organizations or in cooperation with a Qualified Partner. |
Financial assistance may include, but not be limited to |
grants, expense reimbursements, or subsidies. |
(b) From appropriations for the Back to Business BIG |
Program, up to $60,000,000 may be allotted to the repayment or |
conversion of Eligible Loans made pursuant to the Department's |
Emergency Loan Fund Program. An Eligible Loan may be repaid or |
converted through a grant payment, subsidy, or reimbursement |
payment to the recipient or, on behalf of the recipient, to the |
Qualified Partner, or by any other lawful method. |
(c) From appropriations for the Back to Business BIG |
Program, the Department shall provide financial assistance |
through grants, expense reimbursements, or subsidies to |
Qualifying Businesses or a Qualified Partner to cover expenses |
or losses incurred due to the COVID-19 public health emergency |
|
or for start-up costs of a new Qualifying Business . With a |
minimum of 50% going to Qualified Businesses that enable |
critical support services such as child care, day care, and |
early childhood education, the BIG Program will reimburse |
costs or losses incurred by Qualifying Businesses due to |
business interruption caused by required closures, as |
authorized in federal guidance regarding the Coronavirus |
Relief Fund. All spending related to this program from federal |
funds must be reimbursable by the Federal Coronavirus Relief |
Fund in accordance with Section 5001 of the federal CARES Act , |
the ARPA Act, and any related federal guidance, or the |
provisions of any other federal source supporting the program. |
(d) As more fully described in subsection (c), funds will |
be appropriated to the Back to Business BIG Program for |
distribution to or on behalf of Qualifying Businesses. Of the |
funds appropriated, a minimum of 40% 30% shall be allotted for |
Qualifying Qualified Businesses with ZIP codes located in the |
most disproportionately impacted areas of Illinois, based on |
positive COVID-19 cases. |
(e) The Department shall coordinate with the Department of |
Human Services with respect to making grants, expense |
reimbursements or subsidies to any child care or day care |
provider providing services under Section 9A-11 of the |
Illinois Public Aid Code to determine what resources the |
Department of Human Services may be providing to a child care |
or day care provider under Section 9A-11 of the Illinois |
|
Public Aid Code. |
(f) The Department may establish by rule administrative |
procedures for the grant program, including any application |
procedures, grant agreements, certifications, payment |
methodologies, and other accountability measures that may be |
imposed upon participants in the program. The emergency |
rulemaking process may be used to promulgate the initial rules |
of the grant program and any amendments to the rules following |
the effective date of this amendatory Act of the 102nd General |
Assembly . |
(g) Definitions. As used in this Section: |
(1) "COVID-19" means the novel coronavirus disease |
deemed COVID-19 by the World Health Organization on |
February 11, 2020. |
(2) "Qualifying Business" means a business or |
organization that has experienced or is experiencing |
business interruption or other adverse conditions due to |
the COVID-19 public health emergency , and includes a new |
business or organization started after March 1, 2020 in |
the midst of adverse conditions due to the COVID-19 public |
health emergency. and is eligible for reimbursement as |
prescribed by Section 601(a) of the Social Security Act |
and added by Section 5001 of the CARES Act or other federal |
legislation addressing the COVID-19 crisis. |
(3) "Eligible Loan" means a loan of up to $50,000 that |
was deemed eligible for funding under the Department's |
|
Emergency Loan Fund Program and for which repayment will |
be eligible for reimbursement from Coronavirus Relief Fund |
monies pursuant to Section 5001 of the federal CARES Act |
or the ARPA Act and any related federal guidance. |
(4) "Emergency Loan Fund Program", also referred to as |
the "COVID-19 Emergency Relief Program", is a program |
executed by the Department by which the State Small |
Business Credit Initiative fund is utilized to guarantee |
loans released by a financial intermediary or Qualified |
Partner. |
(5) "Qualified Partner" means a financial institution |
or nonprofit with which the Department has entered into an |
agreement or contract to provide or incentivize assistance |
to Qualifying Businesses. |
(h) Powers of the Department. The Department has the power |
to: |
(1) provide grants, subsidies and expense |
reimbursements to Qualifying Qualified Businesses or, on |
behalf of Qualifying Qualified Businesses, to Qualifying |
Qualified Partners from appropriations to cover Qualifying |
Qualified Businesses eligible costs or losses incurred due |
to the COVID-19 public health emergency, including losses |
caused by business interruption or closure and including |
start-up costs for new Qualifying Businesses ; |
(2) enter into agreements, accept funds, issue grants, |
and engage in cooperation with agencies of the federal |
|
government, units of local government, financial |
institutions, and nonprofit organizations to carry out the |
purposes of this Program, and to use funds appropriated |
for the Back to Business BIG Program; |
(3) prepare forms for application, notification, |
contract, and other matters, and establish procedures, |
rules, or regulations deemed necessary and appropriate to |
carry out the provisions of this Section; |
(4) provide staff, administration, and related support |
required to manage the Back to Business BIG Program and |
pay for the staffing, administration, and related support; |
(5) using data provided by the Illinois Department of |
Public Health and other reputable sources, determine which |
geographic regions in Illinois have been most |
disproportionately impacted by the COVID-19 public health |
emergency, considering factors of positive cases, positive |
case rates, and economic impact; and |
(6) determine which industries and businesses in |
Illinois have been most disproportionately impacted by the |
COVID-19 public health emergency and establish procedures |
that prioritize greatly impacted industries and |
businesses, as well as Qualifying Qualified Businesses |
that did not receive paycheck protection program |
assistance.
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(Source: P.A. 101-636, eff. 6-10-20.) |
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Section 3-20. The Illinois Economic Opportunity Act is |
amended by changing Sections 2 and 4 as follows:
|
(20 ILCS 625/2) (from Ch. 127, par. 2602)
|
Sec. 2. (a) The Director of Commerce and Economic |
Opportunity is authorized to administer the federal community |
services
block program, emergency community services homeless |
grant program, low-income energy assistance program, |
weatherization assistance program, supplemental low-income |
energy assistance fund,
low-income household water assistance |
program, and other federal programs that require or give |
preference to community
action agencies for local |
administration in accordance with federal laws
and regulations |
as amended. The Director shall provide financial assistance to
|
community action agencies from community service block grant |
funds and other
federal funds requiring or giving preference |
to community action agencies for
local administration for the |
programs described in Section 4.
|
(b) Funds appropriated for use by community action |
agencies in community
action programs shall be allocated |
annually to existing community action
agencies or newly formed |
community action agencies by the Department of
Commerce and |
Economic Opportunity. Allocations will be made consistent with
|
duly enacted departmental rules.
|
(Source: P.A. 96-154, eff. 1-1-10.)
|
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(20 ILCS 625/4) (from Ch. 127, par. 2604)
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Sec. 4.
(a) A community action program is a |
community-based and operated
program, the purpose of which is |
to provide a measurable and remedial impact
on causes of |
poverty in a community or those areas of a community where
|
poverty is acute.
|
(b) The methods by which the purposes of community action |
programs may
be effected include , but are not limited to , the |
following:
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(1) Programs designed to further community economic |
development . ;
|
(2) Programs designed to secure and maintain |
meaningful employment for
individuals . ;
|
(3) Programs to assure an adequate education for all |
individuals . ;
|
(4) Programs to instruct individuals on more |
economical uses of available
income . ;
|
(5) Programs to provide and maintain adequate housing . |
;
|
(6) Programs for the prevention of narcotics addiction |
and alcoholism,
and for the rehabilitation of narcotics |
addicts and alcoholics . ;
|
(7) Programs to aid individuals in obtaining emergency |
assistance through
loans or grants to meet immediate and |
urgent personal and family needs . ;
|
(8) Programs to aid in the resolution of personal and |
|
family problems
which block the achievement of |
self-sufficiency . ;
|
(9) Programs to achieve greater citizen participation |
in the affairs of
the community . ;
|
(10) Programs to provide adequate nutrition for |
individuals and improved
community health . ;
|
(11) Programs to aid families and individuals in |
obtaining adequate health
care . ;
|
(12) Programs to provide transportation to facilitate |
individuals' access
to community resources . ;
|
(13) Programs to provide for employment training and |
retraining, with
special emphasis on employment in the |
high technology industries . ; and
|
(14) Programs to provide aid and encouragement to |
small businesses and
small-business development.
|
(15) Programs to assist households to meet the cost of |
home energy and water .
|
(16) Programs designed to ameliorate the adverse |
effects of high energy
costs on low-income households and |
the conserve energy.
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(Source: P.A. 87-926.)
|
Section 3-30. The Department of Innovation and Technology |
Act is amended by adding Section 1-65 as follows: |
(20 ILCS 1370/1-65 new) |
|
Sec. 1-65. Authority to Receive Financial and In-kind |
Assistance. The Department may receive federal financial |
assistance, either directly from the federal government or |
indirectly through another source, public or private. The |
Department may also receive transfers, gifts, grants, or |
donations from any source, public or private, in the form of |
funds, services, equipment, supplies, or materials. Any funds |
received pursuant to this Section shall be deposited in the |
DoIT Special Projects Fund unless deposit in a different fund |
is otherwise mandated, and shall be used in accordance with |
the requirements of the federal financial assistance, gift, |
grant, or donation for purposes related to information |
technology within the powers and duties of the Department. |
Section 3-35. The Mental Health and Developmental |
Disabilities Administrative Act is amended by changing Section |
74 as follows: |
(20 ILCS 1705/74) |
Sec. 74. Rates and reimbursements. |
(a) Within 30 days after July 6, 2017 (the effective date |
of Public Act 100-23), the Department shall increase rates and |
reimbursements to fund a minimum of a $0.75 per hour wage |
increase for front-line personnel, including, but not limited |
to, direct support persons, aides, front-line supervisors, |
qualified intellectual disabilities professionals, nurses, and |
|
non-administrative support staff working in community-based |
provider organizations serving individuals with developmental |
disabilities. The Department shall adopt rules, including |
emergency rules under subsection (y) of Section 5-45 of the |
Illinois Administrative Procedure Act, to implement the |
provisions of this Section. |
(b) Rates and reimbursements. Within 30 days after the |
effective date of this amendatory Act of the 100th General |
Assembly, the Department shall increase rates and |
reimbursements to fund a minimum of a $0.50 per hour wage |
increase for front-line personnel, including, but not limited |
to, direct support persons, aides, front-line supervisors, |
qualified intellectual disabilities professionals, nurses, and |
non-administrative support staff working in community-based |
provider organizations serving individuals with developmental |
disabilities. The Department shall adopt rules, including |
emergency rules under subsection (bb) of Section 5-45 of the |
Illinois Administrative Procedure Act, to implement the |
provisions of this Section. |
(c) Rates and reimbursements. Within 30 days after the |
effective date of this amendatory Act of the 101st General |
Assembly, subject to federal approval, the Department shall |
increase rates and reimbursements in effect on June 30, 2019 |
for community-based providers for persons with Developmental |
Disabilities by 3.5% The Department shall adopt rules, |
including emergency rules under subsection (jj) of Section |
|
5-45 of the Illinois Administrative Procedure Act, to |
implement the provisions of this Section, including wage |
increases for direct care staff. |
(d) For community-based providers serving persons with |
intellectual/developmental disabilities, subject to federal |
approval of any relevant Waiver Amendment, the rates taking |
effect for services delivered on or after January 1, 2022, |
shall include an increase in the rate methodology sufficient |
to provide a $1.50 per hour wage increase for direct support |
personnel in residential settings and sufficient to provide |
wages for all residential non-executive direct care staff, |
excluding direct support personnel, at the federal Department |
of Labor, Bureau of Labor Statistics' average wage as defined |
in rule by the Department. |
The establishment of and any changes to the rate |
methodologies for community-based services provided to persons |
with intellectual/developmental disabilities are subject to |
federal approval of any relevant Waiver Amendment and shall be |
defined in rule by the Department. The Department shall adopt |
rules, including emergency rules as authorized by Section 5-45 |
of the Illinois Administrative Procedure Act, to implement the |
provisions of this subsection (d).
|
(Source: P.A. 100-23, eff. 7-6-17; 100-587, eff. 6-4-18; |
101-10, eff. 6-5-19.) |
Section 3-40. The Illinois Lottery Law is amended by |
|
changing Section 20 as follows:
|
(20 ILCS 1605/20) (from Ch. 120, par. 1170)
|
Sec. 20. State Lottery Fund.
|
(a) There is created in the State Treasury a special fund |
to be
known as the State Lottery Fund. Such fund shall consist |
of all revenues
received from (1) the sale of lottery tickets |
or shares, (net of
commissions, fees
representing those |
expenses that are directly proportionate to the
sale of |
tickets or shares at the agent location, and prizes of less
|
than
$600 which
have been validly paid at the agent
level), (2) |
application fees,
and (3) all other sources including moneys |
credited or transferred thereto
from
any other fund
or source |
pursuant to law. Interest earnings of the State Lottery Fund
|
shall be credited to the Common School Fund.
|
(b) The receipt and distribution of moneys under Section |
21.5 of this Act shall be in accordance with Section 21.5.
|
(c) The receipt and distribution of moneys under Section |
21.6 of this Act shall be in accordance with Section 21.6. |
(d) The receipt and distribution of moneys under Section |
21.7 of this Act shall be in accordance with Section 21.7.
|
(e)
The receipt and distribution of moneys under Section |
21.8
of this Act shall be in accordance with Section 21.8.
|
(f) The receipt and distribution of moneys under Section |
21.9 of this Act shall be in accordance with Section 21.9. |
(g) The receipt and distribution of moneys under Section |
|
21.10 of this Act shall be in accordance with Section 21.10. |
(h) The receipt and distribution of moneys under Section |
21.11 of this Act shall be in accordance with Section 21.11. |
(i) The receipt and distribution of moneys under Section |
21.12 of this Act shall be in accordance with Section 21.12. |
(j) The receipt and distribution of moneys under Section |
21.13 of this Act shall be in accordance with Section 21.13. |
(k) The receipt and distribution of moneys under Section |
25-70 of the Sports Wagering Act shall be in accordance with |
Section 25-70 of the Sports Wagering Act. |
(Source: P.A. 100-647, eff. 7-30-18; 100-1068, eff. 8-24-18; |
101-81, eff. 7-12-19; 101-561, eff. 8-23-19.)
|
Section 3-45. The Illinois Emergency Management Agency Act |
is amended by changing Section 5 as follows:
|
(20 ILCS 3305/5) (from Ch. 127, par. 1055)
|
Sec. 5. Illinois Emergency Management Agency.
|
(a) There is created within the executive branch of the |
State Government an
Illinois Emergency Management Agency and a |
Director of the Illinois Emergency
Management Agency, herein |
called the "Director" who shall be the head thereof.
The |
Director shall be appointed by the Governor, with the advice |
and consent of
the Senate, and shall serve for a term of 2 |
years beginning on the third Monday
in January of the |
odd-numbered year, and until a successor is appointed and
has |
|
qualified; except that the term of the first Director |
appointed under this
Act shall expire on the third Monday in |
January, 1989. The Director shall not
hold any other |
remunerative public office. For terms ending before December |
31, 2019, the Director shall receive an annual
salary as set by |
the
Compensation Review Board. For terms beginning after the |
effective date of this amendatory Act of the 100th General |
Assembly, the annual salary of the Director shall be as |
provided in Section 5-300 of the Civil Administrative Code of |
Illinois.
|
(b) The Illinois Emergency Management Agency shall obtain, |
under the
provisions of the Personnel Code, technical, |
clerical, stenographic and other
administrative personnel, and |
may make expenditures within the appropriation
therefor as may |
be necessary to carry out the purpose of this Act. The agency
|
created by this Act is intended to be a successor to the agency |
created under
the Illinois Emergency Services and Disaster |
Agency Act of 1975 and the
personnel, equipment, records, and |
appropriations of that agency are
transferred to the successor |
agency as of June 30, 1988 (the effective date of this Act).
|
(c) The Director, subject to the direction and control of |
the Governor,
shall be the executive head of the Illinois |
Emergency Management Agency and
the State Emergency Response |
Commission and shall be responsible under the
direction of the |
Governor, for carrying out the program for emergency
|
management of this State. The Director shall also maintain |
|
liaison
and cooperate with
the emergency management |
organizations of this State and other states and of
the |
federal government.
|
(d) The Illinois Emergency Management Agency shall take an |
integral part in
the development and revision of political |
subdivision emergency operations
plans prepared under |
paragraph (f) of Section 10. To this end it shall employ
or |
otherwise secure the services of professional and technical |
personnel
capable of providing expert assistance to the |
emergency services and disaster
agencies. These personnel |
shall consult with emergency services and disaster
agencies on |
a regular basis and shall make field examinations of the |
areas,
circumstances, and conditions that particular political |
subdivision emergency
operations plans are intended to apply.
|
(e) The Illinois Emergency Management Agency and political |
subdivisions
shall be encouraged to form an emergency |
management advisory committee composed
of private and public |
personnel representing the emergency management phases of
|
mitigation, preparedness, response, and recovery.
The Local |
Emergency Planning Committee, as created under the Illinois
|
Emergency
Planning and Community Right to Know Act, shall |
serve as
an advisory
committee to the emergency services and |
disaster agency or agencies serving
within the boundaries
of |
that Local Emergency Planning Committee planning district for:
|
(1) the development of emergency operations plan |
provisions for hazardous
chemical
emergencies; and
|
|
(2) the assessment of emergency response capabilities |
related to hazardous
chemical
emergencies.
|
(f) The Illinois Emergency Management Agency shall:
|
(1) Coordinate the overall emergency management |
program of the State.
|
(2) Cooperate with local governments, the federal |
government and any
public or private agency or entity in |
achieving any purpose of this Act and
in implementing |
emergency management programs for mitigation, |
preparedness,
response, and recovery.
|
(2.5) Develop a comprehensive emergency preparedness |
and response plan for any nuclear
accident in accordance |
with Section 65 of the Nuclear Safety
Law of 2004 and in |
development of the
Illinois
Nuclear Safety Preparedness |
program in accordance with Section 8 of the
Illinois |
Nuclear Safety Preparedness Act.
|
(2.6) Coordinate with the Department of Public Health
|
with respect to planning for and responding to public |
health emergencies.
|
(3) Prepare, for issuance by the Governor, executive |
orders,
proclamations, and regulations as necessary or |
appropriate in coping with
disasters.
|
(4) Promulgate rules and requirements for political |
subdivision
emergency operations plans that are not |
inconsistent with and are at least
as stringent as |
applicable federal laws and regulations.
|
|
(5) Review and approve, in accordance with Illinois |
Emergency Management
Agency rules, emergency operations
|
plans for those political subdivisions required to have an |
emergency services
and disaster agency pursuant to this |
Act.
|
(5.5) Promulgate rules and requirements for the |
political subdivision
emergency management
exercises, |
including, but not limited to, exercises of the emergency |
operations
plans.
|
(5.10) Review, evaluate, and approve, in accordance |
with Illinois
Emergency
Management
Agency rules, political |
subdivision emergency management exercises for those
|
political subdivisions
required to have an emergency |
services and disaster agency pursuant to this
Act.
|
(6) Determine requirements of the State and its |
political
subdivisions
for food, clothing, and other |
necessities in event of a disaster.
|
(7) Establish a register of persons with types of |
emergency
management
training and skills in mitigation, |
preparedness, response, and recovery.
|
(8) Establish a register of government and private |
response
resources
available for use in a disaster.
|
(9) Expand the Earthquake Awareness Program and its |
efforts to
distribute earthquake preparedness materials to |
schools, political
subdivisions, community groups, civic |
organizations, and the media.
Emphasis will be placed on |
|
those areas of the State most at risk from an
earthquake. |
Maintain the list of all school districts, hospitals,
|
airports, power plants, including nuclear power plants, |
lakes, dams,
emergency response facilities of all types, |
and all other major public or
private structures which are |
at the greatest risk of damage from
earthquakes under |
circumstances where the damage would cause subsequent
harm |
to the surrounding communities and residents.
|
(10) Disseminate all information, completely and |
without
delay, on water
levels for rivers and streams and |
any other data pertaining to potential
flooding supplied |
by the Division of Water Resources within the Department |
of
Natural Resources to all political subdivisions to the |
maximum extent possible.
|
(11) Develop agreements, if feasible, with medical |
supply and
equipment
firms to
supply resources as are |
necessary to respond to an earthquake or any other
|
disaster as defined in this Act. These resources will be |
made available
upon notifying the vendor of the disaster. |
Payment for the resources will
be in accordance with |
Section 7 of this Act. The Illinois Department of
Public |
Health shall determine which resources will be required |
and requested.
|
(11.5) In coordination with the Department of State |
Police, develop and
implement a community outreach program |
to promote awareness among the State's
parents and |
|
children of child abduction prevention and response.
|
(12) Out of funds appropriated for these purposes, |
award capital and
non-capital grants to Illinois hospitals |
or health care facilities located
outside of a city with a |
population in excess of 1,000,000 to be used for
purposes |
that include, but are not limited to, preparing to respond |
to mass
casualties and disasters, maintaining and |
improving patient safety and
quality of care, and |
protecting the confidentiality of patient information.
No |
single grant for a capital expenditure shall exceed |
$300,000.
No single grant for a non-capital expenditure |
shall exceed $100,000.
In awarding such grants, preference |
shall be given to hospitals that serve
a significant |
number of Medicaid recipients, but do not qualify for
|
disproportionate share hospital adjustment payments under |
the Illinois Public
Aid Code. To receive such a grant, a |
hospital or health care facility must
provide funding of |
at least 50% of the cost of the project for which the grant
|
is being requested.
In awarding such grants the Illinois |
Emergency Management Agency shall consider
the |
recommendations of the Illinois Hospital Association.
|
(13) Do all other things necessary, incidental or |
appropriate
for the implementation of this Act.
|
(g) The Illinois Emergency Management Agency is authorized |
to make grants to various higher education institutions, |
public K-12 school districts, area vocational centers as |
|
designated by the State Board of Education, inter-district |
special education cooperatives, regional safe schools, and |
nonpublic K-12 schools for safety and security improvements. |
For the purpose of this subsection (g), "higher education |
institution" means a public university, a public community |
college, or an independent, not-for-profit or for-profit |
higher education institution located in this State. Grants |
made under this subsection (g) shall be paid out of moneys |
appropriated for that purpose from the Build Illinois Bond |
Fund. The Illinois Emergency Management Agency shall adopt |
rules to implement this subsection (g). These rules may |
specify: (i) the manner of applying for grants; (ii) project |
eligibility requirements; (iii) restrictions on the use of |
grant moneys; (iv) the manner in which the various higher |
education institutions must account for the use of grant |
moneys; and (v) any other provision that the Illinois |
Emergency Management Agency determines to be necessary or |
useful for the administration of this subsection (g). |
(g-5) The Illinois Emergency Management Agency is |
authorized to make grants to not-for-profit organizations |
which are exempt from federal income taxation under section |
501(c)(3) of the Federal Internal Revenue Code for eligible |
security improvements that assist the organization in |
preventing, preparing for, or responding to acts of terrorism. |
The Director shall establish procedures and forms by which |
applicants may apply for a grant and procedures for |
|
distributing grants to recipients. The procedures shall |
require each applicant to do the following: |
(1) identify and substantiate prior threats or attacks |
by a terrorist organization, network, or cell against the |
not-for-profit organization; |
(2) indicate the symbolic or strategic value of one or |
more sites that renders the site a possible target of |
terrorism; |
(3) discuss potential consequences to the organization |
if the site is damaged, destroyed, or disrupted by a |
terrorist act; |
(4) describe how the grant will be used to integrate |
organizational preparedness with broader State and local |
preparedness efforts; |
(5) submit a vulnerability assessment conducted by |
experienced security, law enforcement, or military |
personnel, and a description of how the grant award will |
be used to address the vulnerabilities identified in the |
assessment; and |
(6) submit any other relevant information as may be |
required by the Director. |
The Agency is authorized to use funds appropriated for the |
grant program described in this subsection (g-5) to administer |
the program. |
(h) Except as provided in Section 17.5 of this Act, any |
moneys received by the Agency from donations or sponsorships |
|
unrelated to a disaster shall be deposited in the Emergency |
Planning and Training Fund and used by the Agency, subject to |
appropriation, to effectuate planning and training activities. |
Any moneys received by the Agency from donations during a |
disaster and intended for disaster response or recovery shall |
be deposited into the Disaster Response and Recovery Fund and |
used for disaster response and recovery pursuant to the |
Disaster Relief Act. |
(i) The Illinois Emergency Management Agency may by rule |
assess and collect reasonable fees for attendance at |
Agency-sponsored conferences to enable the Agency to carry out |
the requirements of this Act. Any moneys received under this |
subsection shall be deposited in the Emergency Planning and |
Training Fund and used by the Agency, subject to |
appropriation, for planning and training activities. |
(j) The Illinois Emergency Management Agency is authorized |
to make grants to other State agencies, public universities, |
units of local government, and statewide mutual aid |
organizations to enhance statewide emergency preparedness and |
response. |
(Source: P.A. 100-444, eff. 1-1-18; 100-508, eff. 9-15-17; |
100-587, eff. 6-4-18; 100-863, eff. 8-14-18; 100-1179, eff. |
1-18-19.)
|
(30 ILCS 105/5.414 rep.) |
Section 3-46. The State Finance Act is amended by |
|
repealing Section 5.414. |
Section 3-50. The State Revenue Sharing Act is amended by |
changing Section 12 as follows:
|
(30 ILCS 115/12) (from Ch. 85, par. 616)
|
Sec. 12. Personal Property Tax Replacement Fund. There is |
hereby
created the Personal Property Tax Replacement Fund, a |
special fund in
the State Treasury into which shall be paid all |
revenue realized:
|
(a) all amounts realized from the additional personal |
property tax
replacement income tax imposed by subsections |
(c) and (d) of Section 201 of the
Illinois Income Tax Act, |
except for those amounts deposited into the Income Tax
|
Refund Fund pursuant to subsection (c) of Section 901 of |
the Illinois Income
Tax Act; and
|
(b) all amounts realized from the additional personal |
property replacement
invested capital taxes imposed by |
Section 2a.1 of the Messages Tax
Act, Section 2a.1 of the |
Gas Revenue Tax Act, Section 2a.1 of the Public
Utilities |
Revenue Act, and Section 3 of the Water Company Invested |
Capital
Tax Act, and amounts payable to the Department of |
Revenue under the
Telecommunications Infrastructure |
Maintenance Fee Act.
|
As soon as may be after the end of each month, the |
Department of Revenue
shall certify to the Treasurer and the |
|
Comptroller the amount of all refunds
paid out of the General |
Revenue Fund through the preceding month on account
of |
overpayment of liability on taxes paid into the Personal |
Property Tax
Replacement Fund. Upon receipt of such |
certification, the Treasurer and
the Comptroller shall |
transfer the amount so certified from the Personal
Property |
Tax Replacement Fund into the General Revenue Fund.
|
The payments of revenue into the Personal Property Tax |
Replacement Fund
shall be used exclusively for distribution to |
taxing districts, regional offices and officials, and local |
officials as provided
in this Section and in the School Code, |
payment of the ordinary and contingent expenses of the |
Property Tax Appeal Board, payment of the expenses of the |
Department of Revenue incurred
in administering the collection |
and distribution of monies paid into the
Personal Property Tax |
Replacement Fund and transfers due to refunds to
taxpayers for |
overpayment of liability for taxes paid into the Personal
|
Property Tax Replacement Fund.
|
In addition, moneys in the Personal Property Tax
|
Replacement Fund may be used to pay any of the following: (i) |
salary, stipends, and additional compensation as provided by |
law for chief election clerks, county clerks, and county |
recorders; (ii) costs associated with regional offices of |
education and educational service centers; (iii) |
reimbursements payable by the State Board of Elections under |
Section 4-25, 5-35, 6-71, 13-10, 13-10a, or 13-11 of the |
|
Election Code; (iv) expenses of the Illinois Educational Labor |
Relations Board; and (v) salary, personal services, and |
additional compensation as provided by law for court reporters |
under the Court Reporters Act. |
As soon as may be after June 26, 1980 (the effective date |
of Public Act 81-1255),
the Department of Revenue shall |
certify to the Treasurer the amount of net
replacement revenue |
paid into the General Revenue Fund prior to that effective
|
date from the additional tax imposed by Section 2a.1 of the |
Messages Tax
Act; Section 2a.1 of the Gas Revenue Tax Act; |
Section 2a.1 of the Public
Utilities Revenue Act; Section 3 of |
the Water Company Invested Capital Tax Act;
amounts collected |
by the Department of Revenue under the Telecommunications |
Infrastructure Maintenance Fee Act; and the
additional |
personal
property tax replacement income tax imposed by
the |
Illinois Income Tax Act, as amended by Public
Act 81-1st |
Special Session-1. Net replacement revenue shall be defined as
|
the total amount paid into and remaining in the General |
Revenue Fund as a
result of those Acts minus the amount |
outstanding and obligated from the
General Revenue Fund in |
state vouchers or warrants prior to June 26, 1980 (the |
effective
date of Public Act 81-1255) as refunds to taxpayers |
for overpayment
of liability under those Acts.
|
All interest earned by monies accumulated in the Personal |
Property
Tax Replacement Fund shall be deposited in such Fund. |
All amounts allocated
pursuant to this Section are |
|
appropriated on a continuing basis.
|
Prior to December 31, 1980, as soon as may be after the end |
of each quarter
beginning with the quarter ending December 31, |
1979, and on and after
December 31, 1980, as soon as may be |
after January 1, March 1, April 1, May
1, July 1, August 1, |
October 1 and December 1 of each year, the Department
of |
Revenue shall allocate to each taxing district as defined in |
Section 1-150
of the Property Tax Code, in accordance with
the |
provisions of paragraph (2) of this Section the portion of the |
funds held
in the Personal Property Tax Replacement Fund which |
is required to be
distributed, as provided in paragraph (1), |
for each quarter. Provided,
however, under no circumstances |
shall any taxing district during each of the
first two years of |
distribution of the taxes imposed by Public Act 81-1st Special |
Session-1 be entitled to an annual allocation which is less |
than the funds such
taxing district collected from the 1978 |
personal property tax. Provided further
that under no |
circumstances shall any taxing district during the third year |
of
distribution of the taxes imposed by Public Act 81-1st |
Special Session-1 receive less
than 60% of the funds such |
taxing district collected from the 1978 personal
property tax. |
In the event that the total of the allocations made as above
|
provided for all taxing districts, during either of such 3 |
years, exceeds the
amount available for distribution the |
allocation of each taxing district shall
be proportionately |
reduced. Except as provided in Section 13 of this Act, the
|
|
Department shall then certify, pursuant to appropriation, such |
allocations to
the State Comptroller who shall pay over to the |
several taxing districts the
respective amounts allocated to |
them.
|
Any township which receives an allocation based in whole |
or in part upon
personal property taxes which it levied |
pursuant to Section 6-507 or 6-512
of the Illinois Highway |
Code and which was previously
required to be paid
over to a |
municipality shall immediately pay over to that municipality a
|
proportionate share of the personal property replacement funds |
which such
township receives.
|
Any municipality or township, other than a municipality |
with a population
in excess of 500,000, which receives an |
allocation based in whole or in
part on personal property |
taxes which it levied pursuant to Sections 3-1,
3-4 and 3-6 of |
the Illinois Local Library Act and which was
previously
|
required to be paid over to a public library shall immediately |
pay over
to that library a proportionate share of the personal |
property tax replacement
funds which such municipality or |
township receives; provided that if such
a public library has |
converted to a library organized under the Illinois
Public |
Library District Act, regardless of whether such conversion |
has
occurred on, after or before January 1, 1988, such |
proportionate share
shall be immediately paid over to the |
library district which maintains and
operates the library. |
However, any library that has converted prior to January
1, |
|
1988, and which hitherto has not received the personal |
property tax
replacement funds, shall receive such funds |
commencing on January 1, 1988.
|
Any township which receives an allocation based in whole |
or in part on
personal property taxes which it levied pursuant |
to Section 1c of the Public
Graveyards Act and which taxes were |
previously required to be paid
over to or used for such public |
cemetery or cemeteries shall immediately
pay over to or use |
for such public cemetery or cemeteries a proportionate
share |
of the personal property tax replacement funds which the |
township
receives.
|
Any taxing district which receives an allocation based in |
whole or in
part upon personal property taxes which it levied |
for another
governmental body or school district in Cook |
County in 1976 or for
another governmental body or school |
district in the remainder of the
State in 1977 shall |
immediately pay over to that governmental body or
school |
district the amount of personal property replacement funds |
which
such governmental body or school district would receive |
directly under
the provisions of paragraph (2) of this |
Section, had it levied its own
taxes.
|
(1) The portion of the Personal Property Tax |
Replacement Fund required to
be
distributed as of the time |
allocation is required to be made shall be the
amount |
available in such Fund as of the time allocation is |
required to be made.
|
|
The amount available for distribution shall be the |
total amount in the
fund at such time minus the necessary |
administrative and other authorized expenses as limited
by |
the appropriation and the amount determined by: (a) $2.8 |
million for
fiscal year 1981; (b) for fiscal year 1982, |
.54% of the funds distributed
from the fund during the |
preceding fiscal year; (c) for fiscal year 1983
through |
fiscal year 1988, .54% of the funds distributed from the |
fund during
the preceding fiscal year less .02% of such |
fund for fiscal year 1983 and
less .02% of such funds for |
each fiscal year thereafter; (d) for fiscal
year 1989 |
through fiscal year 2011 no more than 105% of the actual |
administrative expenses
of the prior fiscal year; (e) for |
fiscal year 2012 and beyond, a sufficient amount to pay |
(i) stipends, additional compensation, salary |
reimbursements, and other amounts directed to be paid out |
of this Fund for local officials as authorized or required |
by statute and (ii) the ordinary and contingent expenses |
of the Property Tax Appeal Board and the expenses of the |
Department of Revenue incurred in administering the |
collection and distribution of moneys paid into the Fund; |
(f) for fiscal years 2012 and 2013 only, a sufficient |
amount to pay stipends, additional compensation, salary |
reimbursements, and other amounts directed to be paid out |
of this Fund for regional offices and officials as |
authorized or required by statute; or (g) for fiscal years |
|
2018 through 2022 2021 only, a sufficient amount to pay |
amounts directed to be paid out of this Fund for public |
community college base operating grants and local health |
protection grants to certified local health departments as |
authorized or required by appropriation or statute. Such |
portion of the fund shall be determined after
the transfer |
into the General Revenue Fund due to refunds, if any, paid
|
from the General Revenue Fund during the preceding |
quarter. If at any time,
for any reason, there is |
insufficient amount in the Personal Property
Tax |
Replacement Fund for payments for regional offices and |
officials or local officials or payment of costs of |
administration or for transfers
due to refunds at the end |
of any particular month, the amount of such
insufficiency |
shall be carried over for the purposes of payments for |
regional offices and officials, local officials, transfers |
into the
General Revenue Fund, and costs of administration |
to the
following month or months. Net replacement revenue |
held, and defined above,
shall be transferred by the |
Treasurer and Comptroller to the Personal Property
Tax |
Replacement Fund within 10 days of such certification.
|
(2) Each quarterly allocation shall first be |
apportioned in the
following manner: 51.65% for taxing |
districts in Cook County and 48.35%
for taxing districts |
in the remainder of the State.
|
The Personal Property Replacement Ratio of each taxing |
|
district
outside Cook County shall be the ratio which the Tax |
Base of that taxing
district bears to the Downstate Tax Base. |
The Tax Base of each taxing
district outside of Cook County is |
the personal property tax collections
for that taxing district |
for the 1977 tax year. The Downstate Tax Base
is the personal |
property tax collections for all taxing districts in the
State |
outside of Cook County for the 1977 tax year. The Department of
|
Revenue shall have authority to review for accuracy and |
completeness the
personal property tax collections for each |
taxing district outside Cook
County for the 1977 tax year.
|
The Personal Property Replacement Ratio of each Cook |
County taxing
district shall be the ratio which the Tax Base of |
that taxing district
bears to the Cook County Tax Base. The Tax |
Base of each Cook County
taxing district is the personal |
property tax collections for that taxing
district for the 1976 |
tax year. The Cook County Tax Base is the
personal property tax |
collections for all taxing districts in Cook
County for the |
1976 tax year. The Department of Revenue shall have
authority |
to review for accuracy and completeness the personal property |
tax
collections for each taxing district within Cook County |
for the 1976 tax year.
|
For all purposes of this Section 12, amounts paid to a |
taxing district
for such tax years as may be applicable by a |
foreign corporation under the
provisions of Section 7-202 of |
the Public Utilities Act, as amended,
shall be deemed to be |
personal property taxes collected by such taxing district
for |
|
such tax years as may be applicable. The Director shall |
determine from the
Illinois Commerce Commission, for any tax |
year as may be applicable, the
amounts so paid by any such |
foreign corporation to any and all taxing
districts. The |
Illinois Commerce Commission shall furnish such information to
|
the Director. For all purposes of this Section 12, the |
Director shall deem such
amounts to be collected personal |
property taxes of each such taxing district
for the applicable |
tax year or years.
|
Taxing districts located both in Cook County and in one or |
more other
counties shall receive both a Cook County |
allocation and a Downstate
allocation determined in the same |
way as all other taxing districts.
|
If any taxing district in existence on July 1, 1979 ceases |
to exist,
or discontinues its operations, its Tax Base shall |
thereafter be deemed
to be zero. If the powers, duties and |
obligations of the discontinued
taxing district are assumed by |
another taxing district, the Tax Base of
the discontinued |
taxing district shall be added to the Tax Base of the
taxing |
district assuming such powers, duties and obligations.
|
If two or more taxing districts in existence on July 1, |
1979, or a
successor or successors thereto shall consolidate |
into one taxing
district, the Tax Base of such consolidated |
taxing district shall be the
sum of the Tax Bases of each of |
the taxing districts which have consolidated.
|
If a single taxing district in existence on July 1, 1979, |
|
or a
successor or successors thereto shall be divided into two |
or more
separate taxing districts, the tax base of the taxing |
district so
divided shall be allocated to each of the |
resulting taxing districts in
proportion to the then current |
equalized assessed value of each resulting
taxing district.
|
If a portion of the territory of a taxing district is |
disconnected
and annexed to another taxing district of the |
same type, the Tax Base of
the taxing district from which |
disconnection was made shall be reduced
in proportion to the |
then current equalized assessed value of the disconnected
|
territory as compared with the then current equalized assessed |
value within the
entire territory of the taxing district prior |
to disconnection, and the
amount of such reduction shall be |
added to the Tax Base of the taxing
district to which |
annexation is made.
|
If a community college district is created after July 1, |
1979,
beginning on January 1, 1996 (the effective date of |
Public Act 89-327), its Tax Base
shall be 3.5% of the sum of |
the personal property tax collected for the
1977 tax year |
within the territorial jurisdiction of the district.
|
The amounts allocated and paid to taxing districts |
pursuant to
the provisions of Public Act 81-1st Special |
Session-1 shall be deemed to be
substitute revenues for the |
revenues derived from taxes imposed on
personal property |
pursuant to the provisions of the "Revenue Act of
1939" or "An |
Act for the assessment and taxation of private car line
|
|
companies", approved July 22, 1943, as amended, or Section 414 |
of the
Illinois Insurance Code, prior to the abolition of such |
taxes and shall
be used for the same purposes as the revenues |
derived from ad valorem
taxes on real estate.
|
Monies received by any taxing districts from the Personal |
Property
Tax Replacement Fund shall be first applied toward |
payment of the proportionate
amount of debt service which was |
previously levied and collected from
extensions against |
personal property on bonds outstanding as of December 31,
1978 |
and next applied toward payment of the proportionate share of |
the pension
or retirement obligations of the taxing district |
which were previously levied
and collected from extensions |
against personal property. For each such
outstanding bond |
issue, the County Clerk shall determine the percentage of the
|
debt service which was collected from extensions against real |
estate in the
taxing district for 1978 taxes payable in 1979, |
as related to the total amount
of such levies and collections |
from extensions against both real and personal
property. For |
1979 and subsequent years' taxes, the County Clerk shall levy
|
and extend taxes against the real estate of each taxing |
district which will
yield the said percentage or percentages |
of the debt service on such
outstanding bonds. The balance of |
the amount necessary to fully pay such debt
service shall |
constitute a first and prior lien upon the monies
received by |
each such taxing district through the Personal Property Tax
|
Replacement Fund and shall be first applied or set aside for |
|
such purpose.
In counties having fewer than 3,000,000 |
inhabitants, the amendments to
this paragraph as made by |
Public Act 81-1255 shall be first
applicable to 1980 taxes to |
be collected in 1981.
|
(Source: P.A. 100-23, eff. 7-6-17; 100-587, eff. 6-4-18; |
101-10, eff. 6-5-19; 101-636, eff. 6-10-20.)
|
Section 3-55. The General Obligation Bond Act is amended |
by changing Section 16 as follows:
|
(30 ILCS 330/16) (from Ch. 127, par. 666)
|
Sec. 16. Refunding Bonds. The State of Illinois is |
authorized to issue,
sell, and provide for the retirement of |
General Obligation Bonds of the State
of Illinois in the |
amount of $4,839,025,000, at any time and
from time to time |
outstanding, for the purpose of refunding
any State of |
Illinois general obligation Bonds then outstanding, including
|
(i) the payment of any redemption premium thereon, (ii) any |
reasonable expenses of
such refunding, (iii) any interest |
accrued or to accrue to the earliest
or any subsequent date of |
redemption or maturity of such outstanding
Bonds, (iv) for |
fiscal year 2019 only, any necessary payments to providers of |
interest rate exchange agreements in connection with the |
termination of such agreements by the State in connection with |
the refunding, and (v) any interest to accrue to the first |
interest payment on the
refunding Bonds; provided that all |
|
non-refunding Bonds in an issue that includes
refunding Bonds |
shall mature no later
than the final maturity date of Bonds |
being refunded; provided that no refunding Bonds shall be |
offered for sale unless the net present value of debt service |
savings to be achieved by the issuance of the refunding Bonds |
is 3% or more of the principal amount of the refunding Bonds to |
be issued; and further provided that, except for refunding |
Bonds sold in fiscal year 2009, 2010, 2011, 2017, 2018, or |
2019, or 2022, the maturities of the refunding Bonds shall not |
extend beyond the maturities of the Bonds they refund, so that |
for each fiscal year in the maturity schedule of a particular |
issue of refunding Bonds, the total amount of refunding |
principal maturing and redemption amounts due in that fiscal |
year and all prior fiscal years in that schedule shall be |
greater than or equal to the total amount of refunded |
principal and redemption amounts that had been due over that |
year and all prior fiscal years prior to the refunding.
|
The Governor shall notify the State Treasurer and
|
Comptroller of such refunding. The proceeds received from the |
sale
of refunding Bonds shall be used for the retirement at |
maturity or
redemption of such outstanding Bonds on any |
maturity or redemption date
and, pending such use, shall be |
placed in escrow, subject to such terms and
conditions as |
shall be provided for in the Bond Sale Order relating to the
|
Refunding Bonds. Proceeds not needed for deposit in an escrow |
account shall
be deposited in the General Obligation Bond |
|
Retirement and Interest Fund.
This Act shall constitute an |
irrevocable and continuing appropriation of all
amounts |
necessary to establish an escrow account for the purpose of |
refunding
outstanding general obligation Bonds and to pay the |
reasonable expenses of such
refunding and of the issuance and |
sale of the refunding Bonds. Any such
escrowed proceeds may be |
invested and reinvested
in direct obligations of the United |
States of America, maturing at such
time or times as shall be |
appropriate to assure the
prompt payment, when due, of the |
principal of and interest and redemption
premium, if any,
on |
the refunded Bonds. After the terms of the escrow have been |
fully
satisfied, any remaining balance of such proceeds and |
interest, income and
profits earned or realized on the |
investments thereof shall be paid into
the General Revenue |
Fund. The liability of the State upon the Bonds shall
|
continue, provided that the holders thereof shall thereafter |
be entitled to
payment only out of the moneys deposited in the |
escrow account.
|
Except as otherwise herein provided in this Section, such |
refunding Bonds
shall in all other respects be subject to the |
terms and conditions of this Act.
|
(Source: P.A. 99-523, eff. 6-30-16; 100-23, eff. 7-6-17; |
100-587, eff. 6-4-18.)
|
Section 3-60. The Metropolitan Civic Center Support Act is |
amended by changing Section 5 and by adding Sections 20 and 21 |
|
as follows:
|
(30 ILCS 355/5) (from Ch. 85, par. 1395)
|
Sec. 5. To the extent that moneys in the MEAOB Fund, in the |
opinion of the
Governor
and the Director of the
Governor's |
Office of Management and Budget, are in excess of 125% of
the |
maximum debt service in any fiscal year, the Governor shall |
notify the
Comptroller and the State
Treasurer of that fact, |
who upon receipt of such notification shall transfer
the
|
excess moneys from the MEAOB Fund to the General Revenue Fund. |
By June 30, 2021, the State Comptroller shall direct and the |
State Treasurer shall transfer any remaining balance from the |
MEAOB Fund into the General Revenue Fund. Upon completion of |
the transfer of the remaining balance, the MEAOB Fund is |
dissolved, and any future deposits due to that Fund and any |
outstanding obligations or liabilities of that Fund pass to |
the General Revenue Fund.
|
(Source: P.A. 94-793, eff. 5-19-06.)
|
(30 ILCS 355/20 new) |
Sec. 20. Transfers. By June 30, 2021, the State |
Comptroller shall direct and the State Treasurer shall |
transfer any remaining balance from the Illinois Civic Center |
Bond Retirement and Interest Fund into the General Obligation |
Bond Retirement and Interest Fund. Upon completion of the |
transfers, the Illinois Civic Center Bond Retirement and |
|
Interest Fund and the Illinois Civic Center Bond Fund are |
dissolved. |
(30 ILCS 355/21 new) |
Sec. 21. Repealer. This Act is repealed July 1, 2021. |
Section 3-65. The Build Illinois Bond Act is amended by |
changing Section 15 as follows:
|
(30 ILCS 425/15) (from Ch. 127, par. 2815)
|
Sec. 15. Refunding Bonds. Refunding Bonds are hereby |
authorized for
the purpose of refunding any outstanding Bonds, |
including the payment of
any redemption premium thereon, any |
reasonable expenses of such refunding,
and any interest |
accrued or to accrue to the earliest or any subsequent
date of |
redemption or maturity of outstanding Bonds; provided that all |
non-refunding Bonds in an issue that includes
refunding Bonds |
shall mature no later than the final maturity date of Bonds
|
being refunded; provided that no refunding Bonds shall be |
offered for sale unless the net present value of debt service |
savings to be achieved by the issuance of the refunding Bonds |
is 3% or more of the principal amount of the refunding Bonds to |
be issued; and further provided that, except for refunding |
Bonds sold in fiscal years year 2009, 2010, 2011, 2017, 2018, |
or 2019, or 2022 the maturities of the refunding Bonds shall |
not extend beyond the maturities of the Bonds they refund, so |
|
that for each fiscal year in the maturity schedule of a |
particular issue of refunding Bonds, the total amount of |
refunding principal maturing and redemption amounts due in |
that fiscal year and all prior fiscal years in that schedule |
shall be greater than or equal to the total amount of refunded |
principal and redemption amounts that had been due over that |
year and all prior fiscal years prior to the refunding.
|
Refunding Bonds may be sold in such amounts and at such |
times, as
directed by the Governor upon
recommendation by the |
Director of the
Governor's Office of Management and Budget. |
The Governor
shall notify the State Treasurer and
Comptroller |
of such refunding. The proceeds received from the sale of
|
refunding Bonds shall be used
for the retirement at maturity |
or redemption of such outstanding Bonds on
any maturity or |
redemption date and, pending such use, shall be placed in
|
escrow, subject to such terms and conditions as shall be |
provided for in
the Bond Sale Order relating to the refunding |
Bonds. This Act shall
constitute an irrevocable and continuing
|
appropriation of all amounts necessary to establish an escrow |
account for
the purpose of refunding outstanding Bonds and to |
pay the reasonable
expenses of such refunding and of the |
issuance and sale of the refunding
Bonds. Any such escrowed |
proceeds may be invested and
reinvested in direct obligations |
of the United States of America, maturing
at such time or times |
as shall be appropriate to assure the prompt payment,
when |
due,
of the principal of and interest and redemption premium, |
|
if any, on the
refunded Bonds. After the terms of the escrow |
have been fully satisfied,
any remaining balance of such |
proceeds and interest, income and profits
earned or realized |
on the investments thereof shall be paid into the
General |
Revenue Fund. The liability of the State upon the refunded |
Bonds
shall continue, provided that the holders thereof shall |
thereafter be
entitled to payment only out of the moneys |
deposited in the escrow account
and the refunded Bonds shall |
be deemed paid, discharged and no longer to be
outstanding.
|
Except as otherwise herein provided in this Section, such |
refunding Bonds
shall in all other respects be issued pursuant |
to and subject to the terms
and conditions of this Act and |
shall be secured by and payable from only the
funds and sources |
which are provided under this Act.
|
(Source: P.A. 99-523, eff. 6-30-16; 100-23, eff. 7-6-17; |
100-587, eff. 6-4-18.)
|
Section 3-70. The Illinois Coal Technology Development |
Assistance Act is amended by changing Section 3 as follows:
|
(30 ILCS 730/3) (from Ch. 96 1/2, par. 8203)
|
Sec. 3. Transfers to Coal Technology Development |
Assistance Fund. |
(a) As soon
as may be practicable after the first day of |
each month, the Department of
Revenue shall certify to the |
Treasurer an amount equal to 1/64 of the revenue
realized from |
|
the tax imposed by the Electricity Excise Tax Law, Section 2
of |
the Public Utilities Revenue Act,
Section 2 of the Messages |
Tax Act, and Section 2 of the Gas Revenue Tax Act,
during the |
preceding month. Upon receipt of the certification, the |
Treasurer
shall transfer the amount shown on such |
certification from the General Revenue
Fund to the Coal |
Technology Development Assistance Fund, which is hereby
|
created as a special fund in the State treasury, except that no |
transfer shall
be made in any month in which the Fund has |
reached the following balance:
|
(1) (Blank).
|
(2) (Blank).
|
(3) (Blank).
|
(4) (Blank). |
(5) (Blank). |
(6) Expect as otherwise provided in subsection (b), |
during fiscal year 2006 and each fiscal year thereafter, |
an amount equal to the sum of $10,000,000 plus additional |
moneys
deposited into the Coal Technology Development |
Assistance Fund from the
Renewable Energy Resources and |
Coal Technology Development Assistance Charge
under |
Section 6.5 of the Renewable Energy, Energy Efficiency, |
and Coal
Resources Development Law of 1997.
|
(b) During fiscal years 2019 through 2022 2021 only, the |
Treasurer shall make no transfers from the General Revenue |
Fund to the Coal Technology Development Assistance Fund. |
|
(Source: P.A. 100-587, eff. 6-4-18; 101-10, eff. 6-5-19; |
101-636, eff. 6-10-20.)
|
Section 3-75. The Small Business Development Act is |
amended by changing Section 9-10 as follows:
|
(30 ILCS 750/9-10) (from Ch. 127, par. 2709-10)
|
Sec. 9-10. Federal Programs. |
(a) The Department is
authorized to accept and expend |
federal moneys monies pursuant to
this Article except that the |
terms and conditions hereunder
which are inconsistent with , or |
prohibited by , or more restrictive than the federal
|
authorization under which such moneys monies are made |
available
shall not apply with respect to the expenditure of |
such
moneys monies . |
(b) The Department is authorized to receive and expend |
federal funds made available pursuant to the federal State |
Small Business Credit Initiative Act of 2010 as amended by |
Section 3301 of the federal American Rescue Plan Act of 2021, |
enacted in response to the COVID-19 public health emergency. |
(1) Such funds may be deposited into the State Small |
Business Credit Initiative Fund and may be used by the |
Department, subject to appropriation, for any permitted |
purposes in accordance with the federal State Small |
Business Credit Initiative Act of 2010 as amended by |
Section 3301 of the federal American Rescue Plan Act of |
|
2021 and any related federal guidance. |
(2) Permitted purposes include to provide support to |
small businesses responding to and recovering from the |
economic effects of the COVID–19 pandemic, to ensure |
business enterprises owned and controlled by socially and |
economically disadvantaged individuals have access to |
credit and investments, to provide technical assistance to |
help small businesses applying for various support |
programs, and to pay reasonable costs of administering the |
initiative. |
(3) Terms such as "business enterprise owned and |
controlled by socially and economically disadvantaged |
individuals", "socially and economically disadvantaged |
individual" and "very small business", and any other terms |
defined in the federal State Small Business Credit |
Initiative Act of 2010 as amended by Section 3301 of the |
federal American Rescue Plan Act of 2021 and any related |
federal guidance, have the same meaning for purposes of |
the Department's implementation of this initiative. The |
term "small business" includes both for-profit and |
not-for-profit business enterprises to the extent |
permitted by federal law and guidance. |
(4) The Department may use such funds to enter into |
technical assistance agreements and other agreements with |
both for-profit and not-for-profit business enterprises |
and may provide technical assistance to small businesses |
|
to the extent permitted by federal law and guidance.
|
(Source: P.A. 84-109.)
|
Section 3-80. The Illinois Income Tax Act is amended by |
changing Section 901 as follows:
|
(35 ILCS 5/901)
|
(Text of Section without the changes made by P.A. 101-8, |
which did not take effect (see Section 99 of P.A. 101-8)) |
Sec. 901. Collection authority. |
(a) In general. The Department shall collect the taxes |
imposed by this Act. The Department
shall collect certified |
past due child support amounts under Section 2505-650
of the |
Department of Revenue Law of the
Civil Administrative Code of |
Illinois. Except as
provided in subsections (b), (c), (e), |
(f), (g), and (h) of this Section, money collected
pursuant to |
subsections (a) and (b) of Section 201 of this Act shall be
|
paid into the General Revenue Fund in the State treasury; |
money
collected pursuant to subsections (c) and (d) of Section |
201 of this Act
shall be paid into the Personal Property Tax |
Replacement Fund, a special
fund in the State Treasury; and |
money collected under Section 2505-650 of the
Department of |
Revenue Law of the
Civil Administrative Code of Illinois shall |
be paid
into the
Child Support Enforcement Trust Fund, a |
special fund outside the State
Treasury, or
to the State
|
Disbursement Unit established under Section 10-26 of the |
|
Illinois Public Aid
Code, as directed by the Department of |
Healthcare and Family Services. |
(b) Local Government Distributive Fund. Beginning August |
1, 2017, the Treasurer shall transfer each month from the |
General Revenue Fund to the Local Government Distributive Fund |
an amount equal to the sum of (i) 6.06% (10% of the ratio of |
the 3% individual income tax rate prior to 2011 to the 4.95% |
individual income tax rate after July 1, 2017) of the net |
revenue realized from the tax imposed by subsections (a) and |
(b) of Section 201 of this Act upon individuals, trusts, and |
estates during the preceding month and (ii) 6.85% (10% of the |
ratio of the 4.8% corporate income tax rate prior to 2011 to |
the 7% corporate income tax rate after July 1, 2017) of the net |
revenue realized from the tax imposed by subsections (a) and |
(b) of Section 201 of this Act upon corporations during the |
preceding month. Net revenue realized for a month shall be |
defined as the
revenue from the tax imposed by subsections (a) |
and (b) of Section 201 of this
Act which is deposited in the |
General Revenue Fund, the Education Assistance
Fund, the |
Income Tax Surcharge Local Government Distributive Fund, the |
Fund for the Advancement of Education, and the Commitment to |
Human Services Fund during the
month minus the amount paid out |
of the General Revenue Fund in State warrants
during that same |
month as refunds to taxpayers for overpayment of liability
|
under the tax imposed by subsections (a) and (b) of Section 201 |
of this Act. |
|
Notwithstanding any provision of law to the contrary, |
beginning on July 6, 2017 (the effective date of Public Act |
100-23), those amounts required under this subsection (b) to |
be transferred by the Treasurer into the Local Government |
Distributive Fund from the General Revenue Fund shall be |
directly deposited into the Local Government Distributive Fund |
as the revenue is realized from the tax imposed by subsections |
(a) and (b) of Section 201 of this Act. |
For State fiscal year 2020 only, notwithstanding any |
provision of law to the contrary, the total amount of revenue |
and deposits under this Section attributable to revenues |
realized during State fiscal year 2020 shall be reduced by 5%. |
(c) Deposits Into Income Tax Refund Fund. |
(1) Beginning on January 1, 1989 and thereafter, the |
Department shall
deposit a percentage of the amounts |
collected pursuant to subsections (a)
and (b)(1), (2), and |
(3) of Section 201 of this Act into a fund in the State
|
treasury known as the Income Tax Refund Fund. Beginning |
with State fiscal year 1990 and for each fiscal year
|
thereafter, the percentage deposited into the Income Tax |
Refund Fund during a
fiscal year shall be the Annual |
Percentage. For fiscal year 2011, the Annual Percentage |
shall be 8.75%. For fiscal year 2012, the Annual |
Percentage shall be 8.75%. For fiscal year 2013, the |
Annual Percentage shall be 9.75%. For fiscal year 2014, |
the Annual Percentage shall be 9.5%. For fiscal year 2015, |
|
the Annual Percentage shall be 10%. For fiscal year 2018, |
the Annual Percentage shall be 9.8%. For fiscal year 2019, |
the Annual Percentage shall be 9.7%. For fiscal year 2020, |
the Annual Percentage shall be 9.5%. For fiscal year 2021, |
the Annual Percentage shall be 9%. For fiscal year 2022, |
the Annual Percentage shall be 9.25%. For all other
fiscal |
years, the
Annual Percentage shall be calculated as a |
fraction, the numerator of which
shall be the amount of |
refunds approved for payment by the Department during
the |
preceding fiscal year as a result of overpayment of tax |
liability under
subsections (a) and (b)(1), (2), and (3) |
of Section 201 of this Act plus the
amount of such refunds |
remaining approved but unpaid at the end of the
preceding |
fiscal year, minus the amounts transferred into the Income |
Tax
Refund Fund from the Tobacco Settlement Recovery Fund, |
and
the denominator of which shall be the amounts which |
will be collected pursuant
to subsections (a) and (b)(1), |
(2), and (3) of Section 201 of this Act during
the |
preceding fiscal year; except that in State fiscal year |
2002, the Annual
Percentage shall in no event exceed 7.6%. |
The Director of Revenue shall
certify the Annual |
Percentage to the Comptroller on the last business day of
|
the fiscal year immediately preceding the fiscal year for |
which it is to be
effective. |
(2) Beginning on January 1, 1989 and thereafter, the |
Department shall
deposit a percentage of the amounts |
|
collected pursuant to subsections (a)
and (b)(6), (7), and |
(8), (c) and (d) of Section 201
of this Act into a fund in |
the State treasury known as the Income Tax
Refund Fund. |
Beginning
with State fiscal year 1990 and for each fiscal |
year thereafter, the
percentage deposited into the Income |
Tax Refund Fund during a fiscal year
shall be the Annual |
Percentage. For fiscal year 2011, the Annual Percentage |
shall be 17.5%. For fiscal year 2012, the Annual |
Percentage shall be 17.5%. For fiscal year 2013, the |
Annual Percentage shall be 14%. For fiscal year 2014, the |
Annual Percentage shall be 13.4%. For fiscal year 2015, |
the Annual Percentage shall be 14%. For fiscal year 2018, |
the Annual Percentage shall be 17.5%. For fiscal year |
2019, the Annual Percentage shall be 15.5%. For fiscal |
year 2020, the Annual Percentage shall be 14.25%. For |
fiscal year 2021, the Annual Percentage shall be 14%. For |
fiscal year 2022, the Annual Percentage shall be 15%. For |
all other fiscal years, the Annual
Percentage shall be |
calculated
as a fraction, the numerator of which shall be |
the amount of refunds
approved for payment by the |
Department during the preceding fiscal year as
a result of |
overpayment of tax liability under subsections (a) and |
(b)(6),
(7), and (8), (c) and (d) of Section 201 of this |
Act plus the
amount of such refunds remaining approved but |
unpaid at the end of the
preceding fiscal year, and the |
denominator of
which shall be the amounts which will be |
|
collected pursuant to subsections (a)
and (b)(6), (7), and |
(8), (c) and (d) of Section 201 of this Act during the
|
preceding fiscal year; except that in State fiscal year |
2002, the Annual
Percentage shall in no event exceed 23%. |
The Director of Revenue shall
certify the Annual |
Percentage to the Comptroller on the last business day of
|
the fiscal year immediately preceding the fiscal year for |
which it is to be
effective. |
(3) The Comptroller shall order transferred and the |
Treasurer shall
transfer from the Tobacco Settlement |
Recovery Fund to the Income Tax Refund
Fund (i) |
$35,000,000 in January, 2001, (ii) $35,000,000 in January, |
2002, and
(iii) $35,000,000 in January, 2003. |
(d) Expenditures from Income Tax Refund Fund. |
(1) Beginning January 1, 1989, money in the Income Tax |
Refund Fund
shall be expended exclusively for the purpose |
of paying refunds resulting
from overpayment of tax |
liability under Section 201 of this Act
and for
making |
transfers pursuant to this subsection (d). |
(2) The Director shall order payment of refunds |
resulting from
overpayment of tax liability under Section |
201 of this Act from the
Income Tax Refund Fund only to the |
extent that amounts collected pursuant
to Section 201 of |
this Act and transfers pursuant to this subsection (d)
and |
item (3) of subsection (c) have been deposited and |
retained in the
Fund. |
|
(3) As soon as possible after the end of each fiscal |
year, the Director
shall
order transferred and the State |
Treasurer and State Comptroller shall
transfer from the |
Income Tax Refund Fund to the Personal Property Tax
|
Replacement Fund an amount, certified by the Director to |
the Comptroller,
equal to the excess of the amount |
collected pursuant to subsections (c) and
(d) of Section |
201 of this Act deposited into the Income Tax Refund Fund
|
during the fiscal year over the amount of refunds |
resulting from
overpayment of tax liability under |
subsections (c) and (d) of Section 201
of this Act paid |
from the Income Tax Refund Fund during the fiscal year. |
(4) As soon as possible after the end of each fiscal |
year, the Director shall
order transferred and the State |
Treasurer and State Comptroller shall
transfer from the |
Personal Property Tax Replacement Fund to the Income Tax
|
Refund Fund an amount, certified by the Director to the |
Comptroller, equal
to the excess of the amount of refunds |
resulting from overpayment of tax
liability under |
subsections (c) and (d) of Section 201 of this Act paid
|
from the Income Tax Refund Fund during the fiscal year |
over the amount
collected pursuant to subsections (c) and |
(d) of Section 201 of this Act
deposited into the Income |
Tax Refund Fund during the fiscal year. |
(4.5) As soon as possible after the end of fiscal year |
1999 and of each
fiscal year
thereafter, the Director |
|
shall order transferred and the State Treasurer and
State |
Comptroller shall transfer from the Income Tax Refund Fund |
to the General
Revenue Fund any surplus remaining in the |
Income Tax Refund Fund as of the end
of such fiscal year; |
excluding for fiscal years 2000, 2001, and 2002
amounts |
attributable to transfers under item (3) of subsection (c) |
less refunds
resulting from the earned income tax credit. |
(5) This Act shall constitute an irrevocable and |
continuing
appropriation from the Income Tax Refund Fund |
for the purpose of paying
refunds upon the order of the |
Director in accordance with the provisions of
this |
Section. |
(e) Deposits into the Education Assistance Fund and the |
Income Tax
Surcharge Local Government Distributive Fund. On |
July 1, 1991, and thereafter, of the amounts collected |
pursuant to
subsections (a) and (b) of Section 201 of this Act, |
minus deposits into the
Income Tax Refund Fund, the Department |
shall deposit 7.3% into the
Education Assistance Fund in the |
State Treasury. Beginning July 1, 1991,
and continuing through |
January 31, 1993, of the amounts collected pursuant to
|
subsections (a) and (b) of Section 201 of the Illinois Income |
Tax Act, minus
deposits into the Income Tax Refund Fund, the |
Department shall deposit 3.0%
into the Income Tax Surcharge |
Local Government Distributive Fund in the State
Treasury. |
Beginning February 1, 1993 and continuing through June 30, |
1993, of
the amounts collected pursuant to subsections (a) and |
|
(b) of Section 201 of the
Illinois Income Tax Act, minus |
deposits into the Income Tax Refund Fund, the
Department shall |
deposit 4.4% into the Income Tax Surcharge Local Government
|
Distributive Fund in the State Treasury. Beginning July 1, |
1993, and
continuing through June 30, 1994, of the amounts |
collected under subsections
(a) and (b) of Section 201 of this |
Act, minus deposits into the Income Tax
Refund Fund, the |
Department shall deposit 1.475% into the Income Tax Surcharge
|
Local Government Distributive Fund in the State Treasury. |
(f) Deposits into the Fund for the Advancement of |
Education. Beginning February 1, 2015, the Department shall |
deposit the following portions of the revenue realized from |
the tax imposed upon individuals, trusts, and estates by |
subsections (a) and (b) of Section 201 of this Act, minus |
deposits into the Income Tax Refund Fund, into the Fund for the |
Advancement of Education: |
(1) beginning February 1, 2015, and prior to February |
1, 2025, 1/30; and |
(2) beginning February 1, 2025, 1/26. |
If the rate of tax imposed by subsection (a) and (b) of |
Section 201 is reduced pursuant to Section 201.5 of this Act, |
the Department shall not make the deposits required by this |
subsection (f) on or after the effective date of the |
reduction. |
(g) Deposits into the Commitment to Human Services Fund. |
Beginning February 1, 2015, the Department shall deposit the |
|
following portions of the revenue realized from the tax |
imposed upon individuals, trusts, and estates by subsections |
(a) and (b) of Section 201 of this Act, minus deposits into the |
Income Tax Refund Fund, into the Commitment to Human Services |
Fund: |
(1) beginning February 1, 2015, and prior to February |
1, 2025, 1/30; and |
(2) beginning February 1, 2025, 1/26. |
If the rate of tax imposed by subsection (a) and (b) of |
Section 201 is reduced pursuant to Section 201.5 of this Act, |
the Department shall not make the deposits required by this |
subsection (g) on or after the effective date of the |
reduction. |
(h) Deposits into the Tax Compliance and Administration |
Fund. Beginning on the first day of the first calendar month to |
occur on or after August 26, 2014 (the effective date of Public |
Act 98-1098), each month the Department shall pay into the Tax |
Compliance and Administration Fund, to be used, subject to |
appropriation, to fund additional auditors and compliance |
personnel at the Department, an amount equal to 1/12 of 5% of |
the cash receipts collected during the preceding fiscal year |
by the Audit Bureau of the Department from the tax imposed by |
subsections (a), (b), (c), and (d) of Section 201 of this Act, |
net of deposits into the Income Tax Refund Fund made from those |
cash receipts. |
(Source: P.A. 100-22, eff. 7-6-17; 100-23, eff. 7-6-17; |
|
100-587, eff. 6-4-18; 100-621, eff. 7-20-18; 100-863, eff. |
8-14-18; 100-1171, eff. 1-4-19; 101-10, eff. 6-5-19; 101-81, |
eff. 7-12-19; 101-636, eff. 6-10-20 .)
|
Section 3-85. The Illinois Pension Code is amended by |
changing Section 21-109.1 as follows:
|
(40 ILCS 5/21-109.1) (from Ch. 108 1/2, par. 21-109.1)
|
Sec. 21-109.1.
(a) Notwithstanding any law to the |
contrary, State
agencies, as defined in the State Auditing |
Act, shall remit to the
Comptroller all contributions required |
under subchapters A, B and C
of the Federal Insurance |
Contributions Act, at the rates and at the times
specified in |
that Act, for wages paid on or after January 1, 1987 on a
|
warrant of the State Comptroller.
|
(b) The Comptroller shall establish a fund to be known as |
the Social
Security Administration Fund, with the State |
Treasurer as ex officio
custodian. Contributions and other |
monies received by the Comptroller for
the purposes of the |
Federal Insurance Contributions Act shall either be
directly |
remitted to the U.S. Secretary of the Treasury or be held in
|
trust in such fund, and shall be paid upon the order of the |
Comptroller for:
|
(1) payment of amounts required to be paid to the U. S. |
Secretary of the
Treasury in the amounts and at the times |
specified in the Federal Insurance
Contributions Act; and
|
|
(2) payment of refunds for overpayments which are not |
otherwise
adjustable.
|
(c) The Comptroller may collect from a State agency the |
actual or
anticipated amount of any interest and late charges |
arising from the State
agency's failure to collect and remit |
to the Comptroller contributions as
required by the Federal |
Insurance Contributions Act. Such interest and
charges shall |
be due and payable upon receipt of notice thereof from the
|
Comptroller.
|
(d) The Comptroller shall pay to the U. S. Secretary of the |
Treasury
such amounts at such times as may be required under |
the Federal Insurance
Contributions Act. |
(e) The Comptroller may direct and the State Treasurer |
shall transfer amounts from the Social Security Administration |
Fund into the Capital Facility and Technology Modernization |
Fund as the Comptroller deems necessary. The Comptroller may |
direct and the State Treasurer shall transfer any such amounts |
so transferred to the Capital Facility and Technology |
Modernization Fund back to the Social Security Administration |
Fund at any time.
|
(Source: P.A. 86-657; 87-11.)
|
Section 3-90. The Fair and Exposition Authority |
Reconstruction Act is amended by changing Section 8 as |
follows:
|
|
(70 ILCS 215/8) (from Ch. 85, par. 1250.8)
|
Sec. 8. Appropriations may be made
from time to time by the |
General Assembly to the Metropolitan Pier and
Exposition |
Authority for the payment of principal and interest of bonds |
of
the Authority issued under the provisions of this Act and |
for any other
lawful purpose of the Authority. Any and all of |
the funds so received shall
be kept separate and apart from any |
and all other funds of the Authority.
After there has been paid |
into the Metropolitan Fair and Exposition
Authority |
Reconstruction Fund in the State Treasury sufficient money,
|
pursuant to this Section and Sections 2 and 29 of the Cigarette |
Tax Act, to
retire all bonds payable from that Fund, the taxes |
derived from Section 28
of the Illinois Horse Racing Act of |
1975 which were required to be paid
into that Fund pursuant to |
that Act shall thereafter be paid into the
General Revenue |
Fund Metropolitan Exposition, Auditorium and Office Building |
Fund in the
State Treasury.
|
(Source: P.A. 94-91, eff. 7-1-05.)
|
Section 3-95. The School Code is amended by changing |
Sections 2-3.117, 10-17a, and 10-22.36 as follows:
|
(105 ILCS 5/2-3.117)
|
Sec. 2-3.117. School Technology Program.
|
(a) The State Board of Education is authorized to provide |
technology-based
learning resources to school districts to |
|
improve
educational opportunities and student achievement |
throughout the State. These resources may include |
reimbursements for the cost of tuition incurred by a school |
district for approved online courses accessed through the |
State Board of Education's Illinois Virtual Course Catalog |
Program. |
(1) A school district shall be eligible for |
reimbursement for the cost of each virtual class accessed |
through the Illinois Virtual Course Catalog program and |
successfully completed by a student of the school |
district, to the extent appropriated funds are available |
for such reimbursements. |
(2) A school district shall claim reimbursement on |
forms and through a process prescribed by the State Board |
of Education.
|
(b) The State Board of Education is authorized, to the |
extent funds are
available, to establish a statewide support |
system for information,
professional development, technical |
assistance, network design consultation,
leadership, |
technology planning consultation, and information exchange; to
|
expand school district connectivity; and to increase the |
quantity and quality
of student and educator access to on-line |
resources, experts, and
communications avenues from moneys |
appropriated for the purposes of this
Section.
|
(b-5) The State Board of Education may enter into |
intergovernmental
contracts or agreements with other State |
|
agencies, public community colleges,
public libraries, public |
and private colleges and universities, museums on
public land, |
and other public
agencies in the areas of technology, |
telecommunications, and information
access, under such terms |
as the parties may agree, provided that those
contracts and |
agreements are in compliance with the Department of Central
|
Management Services' mandate to provide telecommunications |
services to all
State agencies.
|
(c) (Blank).
|
(d) (Blank).
|
(Source: P.A. 95-793, eff. 1-1-09.)
|
(105 ILCS 5/10-17a) (from Ch. 122, par. 10-17a)
|
Sec. 10-17a. State, school district, and school report |
cards.
|
(1) By October 31, 2013 and October 31 of each subsequent |
school year, the State Board of Education, through the State |
Superintendent of Education, shall prepare a State report |
card, school district report cards, and school report cards, |
and shall by the most economic means provide to each school
|
district in this State, including special charter districts |
and districts
subject to the provisions of Article 34, the |
report cards for the school district and each of its schools. |
Because of the impacts of the COVID-19 public health emergency |
during school year 2020-2021, the State Board of Education |
shall have until December 31, 2021 to prepare and provide the |
|
report cards that would otherwise be due by October 31, 2021. |
(2) In addition to any information required by federal |
law, the State Superintendent shall determine the indicators |
and presentation of the school report card, which must |
include, at a minimum, the most current data collected and |
maintained by the State Board of Education related to the |
following: |
(A) school characteristics and student demographics, |
including average class size, average teaching experience, |
student racial/ethnic breakdown, and the percentage of |
students classified as low-income; the percentage of |
students classified as English learners; the percentage of |
students who have individualized education plans or 504 |
plans that provide for special education services; the |
number and percentage of all students who have been |
assessed for placement in a gifted education or advanced |
academic program and, of those students: (i) the racial |
and ethnic breakdown, (ii) the percentage who are |
classified as low-income, and (iii) the number and |
percentage of students who received direct instruction |
from a teacher who holds a gifted education endorsement |
and, of those students, the percentage who are classified |
as low-income; the percentage of students scoring at the |
"exceeds expectations" level on the assessments required |
under Section 2-3.64a-5 of this Code; the percentage of |
students who annually transferred in or out of the school |
|
district; average daily attendance; the per-pupil |
operating expenditure of the school district; and the |
per-pupil State average operating expenditure for the |
district type (elementary, high school, or unit); |
(B) curriculum information, including, where |
applicable, Advanced Placement, International |
Baccalaureate or equivalent courses, dual enrollment |
courses, foreign language classes, computer science |
courses, school personnel resources (including Career |
Technical Education teachers), before and after school |
programs, extracurricular activities, subjects in which |
elective classes are offered, health and wellness |
initiatives (including the average number of days of |
Physical Education per week per student), approved |
programs of study, awards received, community |
partnerships, and special programs such as programming for |
the gifted and talented, students with disabilities, and |
work-study students; |
(C) student outcomes, including, where applicable, the |
percentage of students deemed proficient on assessments of |
State standards, the percentage of students in the eighth |
grade who pass Algebra, the percentage of students who |
participated in workplace learning experiences, the |
percentage of students enrolled in post-secondary |
institutions (including colleges, universities, community |
colleges, trade/vocational schools, and training programs |
|
leading to career certification within 2 semesters of high |
school graduation), the percentage of students graduating |
from high school who are college and career ready, and the |
percentage of graduates enrolled in community colleges, |
colleges, and universities who are in one or more courses |
that the community college, college, or university |
identifies as a developmental course; |
(D) student progress, including, where applicable, the |
percentage of students in the ninth grade who have earned |
5 credits or more without failing more than one core |
class, a measure of students entering kindergarten ready |
to learn, a measure of growth, and the percentage of |
students who enter high school on track for college and |
career readiness; |
(E) the school environment, including, where |
applicable, the percentage of students with less than 10 |
absences in a school year, the percentage of teachers with |
less than 10 absences in a school year for reasons other |
than professional development, leaves taken pursuant to |
the federal Family Medical Leave Act of 1993, long-term |
disability, or parental leaves, the 3-year average of the |
percentage of teachers returning to the school from the |
previous year, the number of different principals at the |
school in the last 6 years, the number of teachers who hold |
a gifted education endorsement, the process and criteria |
used by the district to determine whether a student is |
|
eligible for participation in a gifted education program |
or advanced academic program and the manner in which |
parents and guardians are made aware of the process and |
criteria, 2 or more indicators from any school climate |
survey selected or approved by the State and administered |
pursuant to Section 2-3.153 of this Code, with the same or |
similar indicators included on school report cards for all |
surveys selected or approved by the State pursuant to |
Section 2-3.153 of this Code, and the combined percentage |
of teachers rated as proficient or excellent in their most |
recent evaluation; |
(F) a school district's and its individual schools' |
balanced accountability measure, in accordance with |
Section 2-3.25a of this Code; |
(G) the total and per pupil normal cost amount the |
State contributed to the Teachers' Retirement System of |
the State of Illinois in the prior fiscal year for the |
school's employees, which shall be reported to the State |
Board of Education by the Teachers' Retirement System of |
the State of Illinois; |
(H) for a school district organized under Article 34 |
of this Code only, State contributions to the Public |
School Teachers' Pension and Retirement Fund of Chicago |
and State contributions for health care for employees of |
that school district; |
(I) a school district's Final Percent of Adequacy, as |
|
defined in paragraph (4) of subsection (f) of Section |
18-8.15 of this Code; |
(J) a school district's Local Capacity Target, as |
defined in paragraph (2) of subsection (c) of Section |
18-8.15 of this Code, displayed as a percentage amount; |
(K) a school district's Real Receipts, as defined in |
paragraph (1) of subsection (d) of Section 18-8.15 of this |
Code, divided by a school district's Adequacy Target, as |
defined in paragraph (1) of subsection (b) of Section |
18-8.15 of this Code, displayed as a percentage amount; |
(L) a school district's administrative costs; |
(M) whether or not the school has participated in the |
Illinois Youth Survey. In this paragraph (M), "Illinois |
Youth Survey" means a self-report survey, administered in |
school settings every 2 years, designed to gather |
information about health and social indicators, including |
substance abuse patterns and the attitudes of students in |
grades 8, 10, and 12; and |
(N) whether the school offered its students career and |
technical education opportunities. |
The school report card shall also provide
information that |
allows for comparing the current outcome, progress, and |
environment data to the State average, to the school data from |
the past 5 years, and to the outcomes, progress, and |
environment of similar schools based on the type of school and |
enrollment of low-income students, special education students, |
|
and English learners.
|
As used in this subsection (2): |
"Administrative costs" means costs associated with |
executive, administrative, or managerial functions within the |
school district that involve planning, organizing, managing, |
or directing the school district. |
"Advanced academic program" means a course of study to |
which students are assigned based on advanced cognitive |
ability or advanced academic achievement compared to local age |
peers and in which the curriculum is substantially |
differentiated from the general curriculum to provide |
appropriate challenge and pace. |
"Computer science" means the study of computers and |
algorithms, including their principles, their hardware and |
software designs, their implementation, and their impact on |
society. "Computer science" does not include the study of |
everyday uses of computers and computer applications, such as |
keyboarding or accessing the Internet. |
"Gifted education" means educational services, including |
differentiated curricula and instructional methods, designed |
to meet the needs of gifted children as defined in Article 14A |
of this Code. |
For the purposes of paragraph (A) of this subsection (2), |
"average daily attendance" means the average of the actual |
number of attendance days during the previous school year for |
any enrolled student who is subject to compulsory attendance |
|
by Section 26-1 of this Code at each school and charter school. |
(3) At the discretion of the State Superintendent, the |
school district report card shall include a subset of the |
information identified in paragraphs (A) through (E) of |
subsection (2) of this Section, as well as information |
relating to the operating expense per pupil and other finances |
of the school district, and the State report card shall |
include a subset of the information identified in paragraphs |
(A) through (E) and paragraph (N) of subsection (2) of this |
Section. The school district report card shall include the |
average daily attendance, as that term is defined in |
subsection (2) of this Section, of students who have |
individualized education programs and students who have 504 |
plans that provide for special education services within the |
school district. |
(4) Notwithstanding anything to the contrary in this |
Section, in consultation with key education stakeholders, the |
State Superintendent shall at any time have the discretion to |
amend or update any and all metrics on the school, district, or |
State report card. |
(5) Annually, no more than 30 calendar days after receipt |
of the school district and school report cards from the State |
Superintendent of Education, each school district, including |
special charter districts and districts subject to the |
provisions of Article 34, shall present such report
cards at a |
regular school board meeting subject to
applicable notice |
|
requirements, post the report cards
on the
school district's |
Internet web site, if the district maintains an Internet web
|
site, make the report cards
available
to a newspaper of |
general circulation serving the district, and, upon
request, |
send the report cards
home to a parent (unless the district |
does not maintain an Internet web site,
in which case
the |
report card shall be sent home to parents without request). If |
the
district posts the report card on its Internet web
site, |
the district
shall send a
written notice home to parents |
stating (i) that the report card is available on
the web site,
|
(ii) the address of the web site, (iii) that a printed copy of |
the report card
will be sent to
parents upon request, and (iv) |
the telephone number that parents may
call to
request a |
printed copy of the report card.
|
(6) Nothing contained in Public Act 98-648 repeals, |
supersedes, invalidates, or nullifies final decisions in |
lawsuits pending on July 1, 2014 (the effective date of Public |
Act 98-648) in Illinois courts involving the interpretation of |
Public Act 97-8. |
(Source: P.A. 100-227, eff. 8-18-17; 100-364, eff. 1-1-18; |
100-448, eff. 7-1-19; 100-465, eff. 8-31-17; 100-807, eff. |
8-10-18; 100-863, eff. 8-14-18; 100-1121, eff. 1-1-19; 101-68, |
eff. 1-1-20; 101-81, eff. 7-12-19; 101-654, eff. 3-8-21.)
|
(105 ILCS 5/10-22.36) (from Ch. 122, par. 10-22.36)
|
Sec. 10-22.36. Buildings for school purposes. |
|
(a) To build or purchase a building for school classroom |
or
instructional purposes upon the approval of a majority of |
the voters upon the
proposition at a referendum held for such |
purpose or in accordance with
Section 17-2.11, 19-3.5, or |
19-3.10. The board may initiate such referendum by resolution.
|
The board shall certify the resolution and proposition to the |
proper
election authority for submission in accordance with |
the general election law.
|
The questions of building one or more new buildings for |
school
purposes or office facilities, and issuing bonds for |
the purpose of
borrowing money to purchase one or more |
buildings or sites for such
buildings or office sites, to |
build one or more new buildings for school
purposes or office |
facilities or to make additions and improvements to
existing |
school buildings, may be combined into one or more |
propositions
on the ballot.
|
Before erecting, or purchasing or remodeling such a |
building the
board shall submit the plans and specifications |
respecting heating,
ventilating, lighting, seating, water |
supply, toilets and safety against
fire to the regional |
superintendent of schools having supervision and
control over |
the district, for approval in accordance with Section 2-3.12.
|
Notwithstanding any of the foregoing, no referendum shall |
be required
if the purchase, construction, or building of any
|
such
building (1) occurs while the building is being
leased by |
the school district or (2) is paid with (A) funds
derived from |
|
the sale or disposition of other buildings, land, or
|
structures of the school district or (B) funds received (i) as |
a
grant under the
School Construction Law or (ii) as gifts or |
donations,
provided that no funds to purchase, construct, or |
build such building, other than lease
payments, are
derived |
from the district's bonded indebtedness or the tax levy of
the
|
district. |
Notwithstanding any of the foregoing, no referendum shall |
be required if the purchase, construction, or building of any |
such building is paid with funds received from the County |
School Facility and Resources Occupation Tax Law under Section |
5-1006.7 of the Counties Code or from the proceeds of bonds or |
other debt obligations secured by revenues obtained from that |
Law. |
(b) Notwithstanding the provisions of subsection (a), for |
any school district: (i) that is a tier 1 school, (ii) that has |
a population of less than 50,000 inhabitants, (iii) whose |
student population is between 5,800 and 6,300, (iv) in which |
57% to 62% of students are low-income, and (v) whose average |
district spending is between $10,000 to $12,000 per pupil, |
until July 1, 2025, no referendum shall be required if at least |
70% of the cost of the purchase, construction, or building of |
any such building is paid, or will be paid, with funds received |
or expected to be received as part of, or otherwise derived |
from, the federal Consolidated Appropriations Act and the |
federal American Rescue Plan Act of 2021. |
|
For this subsection (b), the school board must hold at |
least 2 public hearings, the sole purpose of which shall be to |
discuss the decision to construct a school building and to |
receive input from the community. The notice of each public |
hearing that sets forth the time, date, place, and name or |
description of the school building that the school board is |
considering constructing must be provided at least 10 days |
prior to the hearing by publication on the school board's |
Internet website.
|
(Source: P.A. 101-455, eff. 8-23-19.)
|
Section 3-100. The Real Estate Appraiser Licensure Act of |
2002 is amended by changing Sections 25-5 and 25-20 as |
follows:
|
(225 ILCS 458/25-5)
|
(Section scheduled to be repealed on January 1, 2022)
|
Sec. 25-5. Appraisal Administration Fund; surcharge. The |
Appraisal
Administration Fund is created as a special fund in |
the State Treasury. All
fees, fines, and penalties received by |
the Department
under this Act shall be deposited into the |
Appraisal Administration Fund.
Also, moneys received from any |
federal financial assistance or any gift, grant, or donation |
may be deposited into the Appraisal Administration Fund. All |
earnings attributable to investment of funds in the Appraisal
|
Administration Fund shall be credited to the Appraisal |
|
Administration
Fund. Subject to appropriation, the
moneys in |
the Appraisal Administration Fund shall be paid
to the |
Department
for the expenses incurred by the Department
and the |
Board in the administration of this Act. Moneys in the |
Appraisal Administration Fund may be transferred to the |
Professions Indirect Cost Fund as authorized under Section |
2105-300 of the Department of Professional Regulation Law of |
the Civil Administrative Code of Illinois.
However, moneys in |
the Appraisal Administration Fund received from any federal |
financial assistance or any gift, grant, or donation shall be |
used only in accordance with the requirements of the federal |
financial assistance, gift, grant, or donation and may not be |
transferred to the Professions Indirect Cost Fund.
|
Upon the completion of any audit of the Department, as |
prescribed by the Illinois State
Auditing Act, which shall |
include an audit of the Appraisal Administration
Fund, the |
Department
shall make the audit report open to inspection by |
any interested person.
|
(Source: P.A. 96-844, eff. 12-23-09 .)
|
(225 ILCS 458/25-20)
|
(Section scheduled to be repealed on January 1, 2022)
|
Sec. 25-20. Department; powers and duties. The Department |
of Financial and Professional Regulation
shall exercise the |
powers and duties prescribed by the Civil Administrative
Code |
of Illinois for the administration of licensing Acts and shall |
|
exercise
such other powers and duties as are prescribed by |
this Act for the
administration of this Act. The Department
|
may contract with third parties for services
necessary for the |
proper
administration of this Act, including without |
limitation, investigators with
the proper knowledge, training,
|
and skills to properly investigate complaints against real |
estate appraisers.
|
In addition, the Department may receive federal financial |
assistance, either directly from the federal government or |
indirectly through another source, public or private, for the |
administration of this Act. The Department may also receive |
transfers, gifts, grants, or donations from any source, public |
or private, in the form of funds, services, equipment, |
supplies, or materials. Any funds received pursuant to this |
Section shall be deposited in the Appraisal Administration |
Fund unless deposit in a different fund is otherwise mandated, |
and shall be used in accordance with the requirements of the |
federal financial assistance, gift, grant, or donation for |
purposes related to the powers and duties of the Department.
|
The Department
shall maintain and update a registry of the |
names and addresses of
all licensees and a listing of |
disciplinary orders issued pursuant to this Act
and shall |
transmit the registry, along with any national registry fees |
that may
be required, to the entity specified by, and in a |
manner consistent with, Title
XI of the federal Financial |
Institutions Reform, Recovery and Enforcement Act
of 1989.
|
|
(Source: P.A. 96-844, eff. 12-23-09 .)
|
Section 3-105. The Illinois Horse Racing Act of 1975 is |
amended by changing Section 28 as follows:
|
(230 ILCS 5/28) (from Ch. 8, par. 37-28)
|
Sec. 28. Except as provided in subsection (g) of Section |
27 of this Act,
moneys collected shall be distributed |
according to the provisions of this
Section 28.
|
(a) Thirty
per cent of the total of all monies received
by |
the State as privilege taxes shall be paid into the |
Metropolitan Exposition,
Auditorium and Office Building Fund |
in the State Treasury until such Fund is repealed, and |
thereafter shall be paid into the General Revenue Fund in the |
State Treasury .
|
(b) In addition, 4.5% of the total of all monies received
|
by the State as privilege taxes shall be paid into the State |
treasury
into a special Fund to be known as the Metropolitan |
Exposition,
Auditorium and Office Building Fund until such |
Fund is repealed, and thereafter shall be paid into the |
General Revenue Fund in the State Treasury .
|
(c) Fifty per cent of the total of all monies received by |
the State
as privilege taxes under the provisions of this Act |
shall be paid into
the Agricultural Premium Fund.
|
(d) Seven per cent of the total of all monies received by |
the State
as privilege taxes shall be paid into the Fair and |
|
Exposition Fund in
the State treasury; provided, however, that |
when all bonds issued prior to
July 1, 1984 by the Metropolitan |
Fair and Exposition Authority shall have
been paid or payment |
shall have been provided for upon a refunding of those
bonds, |
thereafter 1/12 of $1,665,662 of such monies shall be paid |
each
month into the Build Illinois Fund, and the remainder |
into the Fair and
Exposition Fund. All excess monies shall be |
allocated to the Department of
Agriculture for distribution to |
county fairs for premiums and
rehabilitation as set forth in |
the Agricultural Fair Act.
|
(e) The monies provided for in Section 30 shall be paid |
into the
Illinois Thoroughbred Breeders Fund.
|
(f) The monies provided for in Section 31 shall be paid |
into the
Illinois Standardbred Breeders Fund.
|
(g) Until January 1, 2000, that part representing
1/2 of |
the total breakage in Thoroughbred,
Harness, Appaloosa, |
Arabian, and Quarter Horse racing in the State shall
be paid |
into the Illinois Race Track Improvement Fund as established
|
in Section 32.
|
(h) All other monies received by the Board under this Act |
shall be
paid into the Horse Racing Fund.
|
(i) The salaries of the Board members, secretary, |
stewards,
directors of mutuels, veterinarians, |
representatives, accountants,
clerks, stenographers, |
inspectors and other employees of the Board, and
all expenses |
of the Board incident to the administration of this Act,
|
|
including, but not limited to, all expenses and salaries |
incident to the
taking of saliva and urine samples in |
accordance with the rules and
regulations of the Board shall |
be paid out of the Agricultural Premium
Fund.
|
(j) The Agricultural Premium Fund shall also be used:
|
(1) for the expenses of operating the Illinois State |
Fair and the
DuQuoin State Fair, including the
payment of |
prize money or premiums;
|
(2) for the distribution to county fairs, vocational |
agriculture
section fairs, agricultural societies, and |
agricultural extension clubs
in accordance with the |
Agricultural Fair Act, as
amended;
|
(3) for payment of prize monies and premiums awarded |
and for
expenses incurred in connection with the |
International Livestock
Exposition and the Mid-Continent |
Livestock Exposition held in Illinois,
which premiums, and |
awards must be approved, and paid by the Illinois
|
Department of Agriculture;
|
(4) for personal service of county agricultural |
advisors and county
home advisors;
|
(5) for distribution to agricultural home economic |
extension
councils in accordance with "An Act in relation |
to additional support
and finance for the Agricultural and |
Home Economic Extension Councils in
the several counties |
in this State and making an appropriation
therefor", |
approved July 24, 1967, as amended;
|
|
(6) for research on equine disease, including a |
development center
therefor;
|
(7) for training scholarships for study on equine |
diseases to
students at the University of Illinois College |
of Veterinary Medicine;
|
(8) for the rehabilitation, repair and maintenance of
|
the Illinois and DuQuoin State Fair Grounds and
the |
structures and facilities thereon and the construction of |
permanent
improvements on such Fair Grounds, including |
such structures, facilities and
property located on such
|
State Fair Grounds which are under the custody and control |
of the
Department of Agriculture;
|
(9) (blank);
|
(10) for the expenses of the Department of Commerce |
and Economic Opportunity under Sections
605-620, 605-625, |
and
605-630 of the Department of Commerce and Economic |
Opportunity Law (20 ILCS
605/605-620, 605/605-625, and |
605/605-630);
|
(11) for remodeling, expanding, and reconstructing |
facilities
destroyed by fire of any Fair and Exposition |
Authority in counties with
a population of 1,000,000 or |
more inhabitants;
|
(12) for the purpose of assisting in the care and |
general
rehabilitation of veterans with disabilities of |
any war and their surviving
spouses and orphans;
|
(13) for expenses of the Department of State Police |
|
for duties
performed under this Act;
|
(14) for the Department of Agriculture for soil |
surveys and soil and water
conservation purposes;
|
(15) for the Department of Agriculture for grants to |
the City of Chicago
for conducting the Chicagofest;
|
(16) for the State Comptroller for grants and |
operating expenses authorized by the Illinois Global |
Partnership Act.
|
(k) To the extent that monies paid by the Board to the |
Agricultural
Premium Fund are in the opinion of the Governor |
in excess of the amount
necessary for the purposes herein |
stated, the Governor shall notify the
Comptroller and the |
State Treasurer of such fact, who, upon receipt of
such |
notification, shall transfer such excess monies from the
|
Agricultural Premium Fund to the General Revenue Fund.
|
(Source: P.A. 99-143, eff. 7-27-15; 99-933, eff. 1-27-17; |
100-110, eff. 8-15-17; 100-863, eff. 8-14-18.)
|
Section 3-110. The Illinois Gambling Act is amended by |
changing Section 13 as follows:
|
(230 ILCS 10/13) (from Ch. 120, par. 2413)
|
Sec. 13. Wagering tax; rate; distribution.
|
(a) Until January 1, 1998, a tax is imposed on the adjusted |
gross
receipts received from gambling games authorized under |
this Act at the rate of
20%.
|
|
(a-1) From January 1, 1998 until July 1, 2002, a privilege |
tax is
imposed on persons engaged in the business of |
conducting riverboat gambling
operations, based on the |
adjusted gross receipts received by a licensed owner
from |
gambling games authorized under this Act at the following |
rates:
|
15% of annual adjusted gross receipts up to and |
including $25,000,000;
|
20% of annual adjusted gross receipts in excess of |
$25,000,000 but not
exceeding $50,000,000;
|
25% of annual adjusted gross receipts in excess of |
$50,000,000 but not
exceeding $75,000,000;
|
30% of annual adjusted gross receipts in excess of |
$75,000,000 but not
exceeding $100,000,000;
|
35% of annual adjusted gross receipts in excess of |
$100,000,000.
|
(a-2) From July 1, 2002 until July 1, 2003, a privilege tax |
is imposed on
persons engaged in the business of conducting |
riverboat gambling operations,
other than licensed managers |
conducting riverboat gambling operations on behalf
of the |
State, based on the adjusted gross receipts received by a |
licensed
owner from gambling games authorized under this Act |
at the following rates:
|
15% of annual adjusted gross receipts up to and |
including $25,000,000;
|
22.5% of annual adjusted gross receipts in excess of |
|
$25,000,000 but not
exceeding $50,000,000;
|
27.5% of annual adjusted gross receipts in excess of |
$50,000,000 but not
exceeding $75,000,000;
|
32.5% of annual adjusted gross receipts in excess of |
$75,000,000 but not
exceeding $100,000,000;
|
37.5% of annual adjusted gross receipts in excess of |
$100,000,000 but not
exceeding $150,000,000;
|
45% of annual adjusted gross receipts in excess of |
$150,000,000 but not
exceeding $200,000,000;
|
50% of annual adjusted gross receipts in excess of |
$200,000,000.
|
(a-3) Beginning July 1, 2003, a privilege tax is imposed |
on persons engaged
in the business of conducting riverboat |
gambling operations, other than
licensed managers conducting |
riverboat gambling operations on behalf of the
State, based on |
the adjusted gross receipts received by a licensed owner from
|
gambling games authorized under this Act at the following |
rates:
|
15% of annual adjusted gross receipts up to and |
including $25,000,000;
|
27.5% of annual adjusted gross receipts in excess of |
$25,000,000 but not
exceeding $37,500,000;
|
32.5% of annual adjusted gross receipts in excess of |
$37,500,000 but not
exceeding $50,000,000;
|
37.5% of annual adjusted gross receipts in excess of |
$50,000,000 but not
exceeding $75,000,000;
|
|
45% of annual adjusted gross receipts in excess of |
$75,000,000 but not
exceeding $100,000,000;
|
50% of annual adjusted gross receipts in excess of |
$100,000,000 but not
exceeding $250,000,000;
|
70% of annual adjusted gross receipts in excess of |
$250,000,000.
|
An amount equal to the amount of wagering taxes collected |
under this
subsection (a-3) that are in addition to the amount |
of wagering taxes that
would have been collected if the |
wagering tax rates under subsection (a-2)
were in effect shall |
be paid into the Common School Fund.
|
The privilege tax imposed under this subsection (a-3) |
shall no longer be
imposed beginning on the earlier of (i) July |
1, 2005; (ii) the first date
after June 20, 2003 that riverboat |
gambling operations are conducted
pursuant to a dormant |
license; or (iii) the first day that riverboat gambling
|
operations are conducted under the authority of an owners |
license that is in
addition to the 10 owners licenses |
initially authorized under this Act.
For the purposes of this |
subsection (a-3), the term "dormant license"
means an owners |
license that is authorized by this Act under which no
|
riverboat gambling operations are being conducted on June 20, |
2003.
|
(a-4) Beginning on the first day on which the tax imposed |
under
subsection (a-3) is no longer imposed and ending upon |
the imposition of the privilege tax under subsection (a-5) of |
|
this Section, a privilege tax is imposed on persons
engaged in |
the business of conducting gambling operations, other
than |
licensed managers conducting riverboat gambling operations on |
behalf of
the State, based on the adjusted gross receipts |
received by a licensed owner
from gambling games authorized |
under this Act at the following rates:
|
15% of annual adjusted gross receipts up to and |
including $25,000,000;
|
22.5% of annual adjusted gross receipts in excess of |
$25,000,000 but not
exceeding $50,000,000;
|
27.5% of annual adjusted gross receipts in excess of |
$50,000,000 but not
exceeding $75,000,000;
|
32.5% of annual adjusted gross receipts in excess of |
$75,000,000 but not
exceeding $100,000,000;
|
37.5% of annual adjusted gross receipts in excess of |
$100,000,000 but not
exceeding $150,000,000;
|
45% of annual adjusted gross receipts in excess of |
$150,000,000 but not
exceeding $200,000,000;
|
50% of annual adjusted gross receipts in excess of |
$200,000,000.
|
For the imposition of the privilege tax in this subsection |
(a-4), amounts paid pursuant to item (1) of subsection (b) of |
Section 56 of the Illinois Horse Racing Act of 1975 shall not |
be included in the determination of adjusted gross receipts. |
(a-5)(1) Beginning on July 1, 2020, a privilege tax is |
imposed on persons engaged in the business of conducting |
|
gambling operations, other than the owners licensee under |
paragraph (1) of subsection (e-5) of Section 7 and licensed |
managers conducting riverboat gambling operations on behalf of |
the State, based on the adjusted gross receipts received by |
such licensee from the gambling games authorized under this |
Act. The privilege tax for all gambling games other than table |
games, including, but not limited to, slot machines, video |
game of chance gambling, and electronic gambling games shall |
be at the following rates: |
15% of annual adjusted gross receipts up to and |
including $25,000,000; |
22.5% of annual adjusted gross receipts in excess of |
$25,000,000 but not exceeding $50,000,000; |
27.5% of annual adjusted gross receipts in excess of |
$50,000,000 but not exceeding $75,000,000; |
32.5% of annual adjusted gross receipts in excess of |
$75,000,000 but not exceeding $100,000,000; |
37.5% of annual adjusted gross receipts in excess of |
$100,000,000 but not exceeding $150,000,000; |
45% of annual adjusted gross receipts in excess of |
$150,000,000 but not exceeding $200,000,000; |
50% of annual adjusted gross receipts in excess of |
$200,000,000. |
The privilege tax for table games shall be at the |
following rates: |
15% of annual adjusted gross receipts up to and |
|
including $25,000,000; |
20% of annual adjusted gross receipts in excess of |
$25,000,000. |
For the imposition of the privilege tax in this subsection |
(a-5), amounts paid pursuant to item (1) of subsection (b) of |
Section 56 of the Illinois Horse Racing Act of 1975 shall not |
be included in the determination of adjusted gross receipts. |
(2) Beginning on the first day that an owners licensee |
under paragraph (1) of subsection (e-5) of Section 7 conducts |
gambling operations, either in a temporary facility or a |
permanent facility, a privilege tax is imposed on persons |
engaged in the business of conducting gambling operations |
under paragraph (1) of subsection (e-5) of Section 7, other |
than licensed managers conducting riverboat gambling |
operations on behalf of the State, based on the adjusted gross |
receipts received by such licensee from the gambling games |
authorized under this Act. The privilege tax for all gambling |
games other than table games, including, but not limited to, |
slot machines, video game of chance gambling, and electronic |
gambling games shall be at the following rates: |
12% of annual adjusted gross receipts up to and
|
including $25,000,000 to the State and 10.5% of annual |
adjusted gross receipts up to and including $25,000,000 to |
the City of Chicago; |
16% of annual adjusted gross receipts in excess of
|
$25,000,000 but not exceeding $50,000,000 to the State and |
|
14% of annual adjusted gross receipts in excess of |
$25,000,000 but not exceeding $50,000,000 to the City of |
Chicago; |
20.1% of annual adjusted gross receipts in excess of
|
$50,000,000 but not exceeding $75,000,000 to the State and |
17.4% of annual adjusted gross receipts in excess of |
$50,000,000 but not exceeding $75,000,000 to the City of |
Chicago; |
21.4% of annual adjusted gross receipts in excess of
|
$75,000,000 but not exceeding $100,000,000 to the State |
and 18.6% of annual adjusted gross receipts in excess of |
$75,000,000 but not exceeding $100,000,000 to the City of |
Chicago; |
22.7% of annual adjusted gross receipts in excess of
|
$100,000,000 but not exceeding $150,000,000 to the State |
and 19.8% of annual adjusted gross receipts in excess of |
$100,000,000 but not exceeding $150,000,000 to the City of |
Chicago; |
24.1% of annual adjusted gross receipts in excess of
|
$150,000,000 but not exceeding $225,000,000 to the State |
and 20.9% of annual adjusted gross receipts in excess of |
$150,000,000 but not exceeding $225,000,000 to the City of |
Chicago; |
26.8% of annual adjusted gross receipts in excess of
|
$225,000,000 but not exceeding $1,000,000,000 to the State |
and 23.2% of annual adjusted gross receipts in excess of |
|
$225,000,000 but not exceeding $1,000,000,000 to the City |
of Chicago; |
40% of annual adjusted gross receipts in excess of |
$1,000,000,000 to the State and 34.7% of annual gross |
receipts in excess of $1,000,000,000 to the City of |
Chicago. |
The privilege tax for table games shall be at the |
following rates: |
8.1% of annual adjusted gross receipts up to and |
including $25,000,000 to the State and 6.9% of annual |
adjusted gross receipts up to and including $25,000,000 to |
the City of Chicago; |
10.7% of annual adjusted gross receipts in excess of |
$25,000,000 but not exceeding $75,000,000 to the State and |
9.3% of annual adjusted gross receipts in excess of |
$25,000,000 but not exceeding $75,000,000 to the City of |
Chicago; |
11.2% of annual adjusted gross receipts in excess of |
$75,000,000 but not exceeding $175,000,000 to the State |
and 9.8% of annual adjusted gross receipts in excess of |
$75,000,000 but not exceeding $175,000,000 to the City of |
Chicago; |
13.5% of annual adjusted gross receipts in excess of |
$175,000,000 but not exceeding $225,000,000 to the State |
and 11.5% of annual adjusted gross receipts in excess of |
$175,000,000 but not exceeding $225,000,000 to the City of |
|
Chicago; |
15.1% of annual adjusted gross receipts in excess of |
$225,000,000 but not exceeding $275,000,000 to the State |
and 12.9% of annual adjusted gross receipts in excess of |
$225,000,000 but not exceeding $275,000,000 to the City of |
Chicago; |
16.2% of annual adjusted gross receipts in excess of |
$275,000,000 but not exceeding $375,000,000 to the State |
and 13.8% of annual adjusted gross receipts in excess of |
$275,000,000 but not exceeding $375,000,000 to the City of |
Chicago; |
18.9% of annual adjusted gross receipts in excess of |
$375,000,000 to the State and 16.1% of annual gross |
receipts in excess of $375,000,000 to the City of Chicago. |
For the imposition of the privilege tax in this subsection |
(a-5), amounts paid pursuant to item (1) of subsection (b) of |
Section 56 of the Illinois Horse Racing Act of 1975 shall not |
be included in the determination of adjusted gross receipts. |
Notwithstanding the provisions of this subsection (a-5), |
for the first 10 years that the privilege tax is imposed under |
this subsection (a-5), the privilege tax shall be imposed on |
the modified annual adjusted gross receipts of a riverboat or |
casino conducting gambling operations in the City of East St. |
Louis, unless: |
(1) the riverboat or casino fails to employ at least |
450 people; |
|
(2) the riverboat or casino fails to maintain |
operations in a manner consistent with this Act or is not a |
viable riverboat or casino subject to the approval of the |
Board; or |
(3) the owners licensee is not an entity in which |
employees participate in an employee stock ownership plan. |
As used in this subsection (a-5), "modified annual |
adjusted gross receipts" means: |
(A) for calendar year 2020, the annual adjusted gross |
receipts for the current year minus the difference between |
an amount equal to the average annual adjusted gross |
receipts from a riverboat or casino conducting gambling |
operations in the City of East St. Louis for 2014, 2015, |
2016, 2017, and 2018 and the annual adjusted gross |
receipts for 2018; |
(B) for calendar year 2021, the annual adjusted gross |
receipts for the current year minus the difference between |
an amount equal to the average annual adjusted gross |
receipts from a riverboat or casino conducting gambling |
operations in the City of East St. Louis for 2014, 2015, |
2016, 2017, and 2018 and the annual adjusted gross |
receipts for 2019; and |
(C) for calendar years 2022 through 2029, the annual |
adjusted gross receipts for the current year minus the |
difference between an amount equal to the average annual |
adjusted gross receipts from a riverboat or casino |
|
conducting gambling operations in the City of East St. |
Louis for 3 years preceding the current year and the |
annual adjusted gross receipts for the immediately |
preceding year. |
(a-6) From June 28, 2019 (the effective date of Public Act |
101-31) until June 30, 2023, an owners licensee that conducted |
gambling operations prior to January 1, 2011 shall receive a |
dollar-for-dollar credit against the tax imposed under this |
Section for any renovation or construction costs paid by the |
owners licensee, but in no event shall the credit exceed |
$2,000,000. |
Additionally, from June 28, 2019 (the effective date of |
Public Act 101-31) until December 31, 2022, an owners licensee |
that (i) is located within 15 miles of the Missouri border, and |
(ii) has at least 3 riverboats, casinos, or their equivalent |
within a 45-mile radius, may be authorized to relocate to a new |
location with the approval of both the unit of local |
government designated as the home dock and the Board, so long |
as the new location is within the same unit of local government |
and no more than 3 miles away from its original location. Such |
owners licensee shall receive a credit against the tax imposed |
under this Section equal to 8% of the total project costs, as |
approved by the Board, for any renovation or construction |
costs paid by the owners licensee for the construction of the |
new facility, provided that the new facility is operational by |
July 1, 2022. In determining whether or not to approve a |
|
relocation, the Board must consider the extent to which the |
relocation will diminish the gaming revenues received by other |
Illinois gaming facilities. |
(a-7) Beginning in the initial adjustment year and through |
the final adjustment year, if the total obligation imposed |
pursuant to either subsection (a-5) or (a-6) will result in an |
owners licensee receiving less after-tax adjusted gross |
receipts than it received in calendar year 2018, then the |
total amount of privilege taxes that the owners licensee is |
required to pay for that calendar year shall be reduced to the |
extent necessary so that the after-tax adjusted gross receipts |
in that calendar year equals the after-tax adjusted gross |
receipts in calendar year 2018, but the privilege tax |
reduction shall not exceed the annual adjustment cap. If |
pursuant to this subsection (a-7), the total obligation |
imposed pursuant to either subsection (a-5) or (a-6) shall be |
reduced, then the owners licensee shall not receive a refund |
from the State at the end of the subject calendar year but |
instead shall be able to apply that amount as a credit against |
any payments it owes to the State in the following calendar |
year to satisfy its total obligation under either subsection |
(a-5) or (a-6). The credit for the final adjustment year shall |
occur in the calendar year following the final adjustment |
year. |
If an owners licensee that conducted gambling operations |
prior to January 1, 2019 expands its riverboat or casino, |
|
including, but not limited to, with respect to its gaming |
floor, additional non-gaming amenities such as restaurants, |
bars, and hotels and other additional facilities, and incurs |
construction and other costs related to such expansion from |
June 28, 2019 (the effective date of Public Act 101-31) until |
June 28, 2024 (the 5th anniversary of the effective date of |
Public Act 101-31), then for each $15,000,000 spent for any |
such construction or other costs related to expansion paid by |
the owners licensee, the final adjustment year shall be |
extended by one year and the annual adjustment cap shall |
increase by 0.2% of adjusted gross receipts during each |
calendar year until and including the final adjustment year. |
No further modifications to the final adjustment year or |
annual adjustment cap shall be made after $75,000,000 is |
incurred in construction or other costs related to expansion |
so that the final adjustment year shall not extend beyond the |
9th calendar year after the initial adjustment year, not |
including the initial adjustment year, and the annual |
adjustment cap shall not exceed 4% of adjusted gross receipts |
in a particular calendar year. Construction and other costs |
related to expansion shall include all project related costs, |
including, but not limited to, all hard and soft costs, |
financing costs, on or off-site ground, road or utility work, |
cost of gaming equipment and all other personal property, |
initial fees assessed for each incremental gaming position, |
and the cost of incremental land acquired for such expansion. |
|
Soft costs shall include, but not be limited to, legal fees, |
architect, engineering and design costs, other consultant |
costs, insurance cost, permitting costs, and pre-opening costs |
related to the expansion, including, but not limited to, any |
of the following: marketing, real estate taxes, personnel, |
training, travel and out-of-pocket expenses, supply, |
inventory, and other costs, and any other project related soft |
costs. |
To be eligible for the tax credits in subsection (a-6), |
all construction contracts shall include a requirement that |
the contractor enter into a project labor agreement with the |
building and construction trades council with geographic |
jurisdiction of the location of the proposed gaming facility. |
Notwithstanding any other provision of this subsection |
(a-7), this subsection (a-7) does not apply to an owners |
licensee unless such owners licensee spends at least |
$15,000,000 on construction and other costs related to its |
expansion, excluding the initial fees assessed for each |
incremental gaming position. |
This subsection (a-7) does not apply to owners licensees
|
authorized pursuant to subsection (e-5) of Section 7 of this
|
Act. |
For purposes of this subsection (a-7): |
"Building and construction trades council" means any |
organization representing multiple construction entities that |
are monitoring or attentive to compliance with public or |
|
workers' safety laws, wage and hour requirements, or other |
statutory requirements or that are making or maintaining |
collective bargaining agreements. |
"Initial adjustment year" means the year commencing on |
January 1 of the calendar year immediately following the |
earlier of the following: |
(1) the commencement of gambling operations, either in |
a temporary or permanent facility, with respect to the |
owners license authorized under paragraph (1) of |
subsection (e-5) of Section 7 of this Act; or |
(2) June 28, 2021 (24 months after the effective date |
of Public Act 101-31); |
provided the initial adjustment year shall not commence |
earlier than June 28, 2020 (12 months after the effective date |
of Public Act 101-31). |
"Final adjustment year" means the 2nd calendar year after |
the initial adjustment year, not including the initial |
adjustment year, and as may be extended further as described |
in this subsection (a-7). |
"Annual adjustment cap" means 3% of adjusted gross |
receipts in a particular calendar year, and as may be |
increased further as otherwise described in this subsection |
(a-7). |
(a-8) Riverboat gambling operations conducted by a |
licensed manager on
behalf of the State are not subject to the |
tax imposed under this Section.
|
|
(a-9) Beginning on January 1, 2020, the calculation of |
gross receipts or adjusted gross receipts, for the purposes of |
this Section, for a riverboat, a casino, or an organization |
gaming facility shall not include the dollar amount of |
non-cashable vouchers, coupons, and electronic promotions |
redeemed by wagerers upon the riverboat, in the casino, or in |
the organization gaming facility up to and including an amount |
not to exceed 20% of a riverboat's, a casino's, or an |
organization gaming facility's adjusted gross receipts. |
The Illinois Gaming Board shall submit to the General |
Assembly a comprehensive report no later than March 31, 2023 |
detailing, at a minimum, the effect of removing non-cashable |
vouchers, coupons, and electronic promotions from this |
calculation on net gaming revenues to the State in calendar |
years 2020 through 2022, the increase or reduction in wagerers |
as a result of removing non-cashable vouchers, coupons, and |
electronic promotions from this calculation, the effect of the |
tax rates in subsection (a-5) on net gaming revenues to this |
State, and proposed modifications to the calculation. |
(a-10) The taxes imposed by this Section shall be paid by |
the licensed
owner or the organization gaming licensee to the |
Board not later than 5:00 o'clock p.m. of the day after the day
|
when the wagers were made.
|
(a-15) If the privilege tax imposed under subsection (a-3) |
is no longer imposed pursuant to item (i) of the last paragraph |
of subsection (a-3), then by June 15 of each year, each owners |
|
licensee, other than an owners licensee that admitted |
1,000,000 persons or
fewer in calendar year 2004, must, in |
addition to the payment of all amounts otherwise due under |
this Section, pay to the Board a reconciliation payment in the |
amount, if any, by which the licensed owner's base amount |
exceeds the amount of net privilege tax paid by the licensed |
owner to the Board in the then current State fiscal year. A |
licensed owner's net privilege tax obligation due for the |
balance of the State fiscal year shall be reduced up to the |
total of the amount paid by the licensed owner in its June 15 |
reconciliation payment. The obligation imposed by this |
subsection (a-15) is binding on any person, firm, corporation, |
or other entity that acquires an ownership interest in any |
such owners license. The obligation imposed under this |
subsection (a-15) terminates on the earliest of: (i) July 1, |
2007, (ii) the first day after the effective date of this |
amendatory Act of the 94th General Assembly that riverboat |
gambling operations are conducted pursuant to a dormant |
license, (iii) the first day that riverboat gambling |
operations are conducted under the authority of an owners |
license that is in addition to the 10 owners licenses |
initially authorized under this Act, or (iv) the first day |
that a licensee under the Illinois Horse Racing Act of 1975 |
conducts gaming operations with slot machines or other |
electronic gaming devices. The Board must reduce the |
obligation imposed under this subsection (a-15) by an amount |
|
the Board deems reasonable for any of the following reasons: |
(A) an act or acts of God, (B) an act of bioterrorism or |
terrorism or a bioterrorism or terrorism threat that was |
investigated by a law enforcement agency, or (C) a condition |
beyond the control of the owners licensee that does not result |
from any act or omission by the owners licensee or any of its |
agents and that poses a hazardous threat to the health and |
safety of patrons. If an owners licensee pays an amount in |
excess of its liability under this Section, the Board shall |
apply the overpayment to future payments required under this |
Section. |
For purposes of this subsection (a-15): |
"Act of God" means an incident caused by the operation of |
an extraordinary force that cannot be foreseen, that cannot be |
avoided by the exercise of due care, and for which no person |
can be held liable.
|
"Base amount" means the following: |
For a riverboat in Alton, $31,000,000.
|
For a riverboat in East Peoria, $43,000,000.
|
For the Empress riverboat in Joliet, $86,000,000.
|
For a riverboat in Metropolis, $45,000,000.
|
For the Harrah's riverboat in Joliet, $114,000,000.
|
For a riverboat in Aurora, $86,000,000.
|
For a riverboat in East St. Louis, $48,500,000.
|
For a riverboat in Elgin, $198,000,000.
|
"Dormant license" has the meaning ascribed to it in |
|
subsection (a-3).
|
"Net privilege tax" means all privilege taxes paid by a |
licensed owner to the Board under this Section, less all |
payments made from the State Gaming Fund pursuant to |
subsection (b) of this Section. |
The changes made to this subsection (a-15) by Public Act |
94-839 are intended to restate and clarify the intent of |
Public Act 94-673 with respect to the amount of the payments |
required to be made under this subsection by an owners |
licensee to the Board.
|
(b) From the tax revenue from riverboat or casino gambling
|
deposited in the State Gaming Fund under this Section, an |
amount equal to 5% of
adjusted gross receipts generated by a |
riverboat or a casino, other than a riverboat or casino |
designated in paragraph (1), (3), or (4) of subsection (e-5) |
of Section 7, shall be paid monthly, subject
to appropriation |
by the General Assembly, to the unit of local government in |
which the casino is located or that
is designated as the home |
dock of the riverboat. Notwithstanding anything to the |
contrary, beginning on the first day that an owners licensee |
under paragraph (1), (2), (3), (4), (5), or (6) of subsection |
(e-5) of Section 7 conducts gambling operations, either in a |
temporary facility or a permanent facility, and for 2 years |
thereafter, a unit of local government designated as the home |
dock of a riverboat whose license was issued before January 1, |
2019, other than a riverboat conducting gambling operations in |
|
the City of East St. Louis, shall not receive less under this |
subsection (b) than the amount the unit of local government |
received under this subsection (b) in calendar year 2018. |
Notwithstanding anything to the contrary and because the City |
of East St. Louis is a financially distressed city, beginning |
on the first day that an owners licensee under paragraph (1), |
(2), (3), (4), (5), or (6) of subsection (e-5) of Section 7 |
conducts gambling operations, either in a temporary facility |
or a permanent facility, and for 10 years thereafter, a unit of |
local government designated as the home dock of a riverboat |
conducting gambling operations in the City of East St. Louis |
shall not receive less under this subsection (b) than the |
amount the unit of local government received under this |
subsection (b) in calendar year 2018. |
From the tax revenue
deposited in the State Gaming Fund |
pursuant to riverboat or casino gambling operations
conducted |
by a licensed manager on behalf of the State, an amount equal |
to 5%
of adjusted gross receipts generated pursuant to those |
riverboat or casino gambling
operations shall be paid monthly,
|
subject to appropriation by the General Assembly, to the unit |
of local
government that is designated as the home dock of the |
riverboat upon which
those riverboat gambling operations are |
conducted or in which the casino is located. |
From the tax revenue from riverboat or casino gambling |
deposited in the State Gaming Fund under this Section, an |
amount equal to 5% of the adjusted gross receipts generated by |
|
a riverboat designated in paragraph (3) of subsection (e-5) of |
Section 7 shall be divided and remitted monthly, subject to |
appropriation, as follows: 70% to Waukegan, 10% to Park City, |
15% to North Chicago, and 5% to Lake County. |
From the tax revenue from riverboat or casino gambling |
deposited in the State Gaming Fund under this Section, an |
amount equal to 5% of the adjusted gross receipts generated by |
a riverboat designated in paragraph (4) of subsection (e-5) of |
Section 7 shall be remitted monthly, subject to appropriation, |
as follows: 70% to the City of Rockford, 5% to the City of |
Loves Park, 5% to the Village of Machesney, and 20% to |
Winnebago County. |
From the tax revenue from riverboat or casino gambling |
deposited in the State Gaming Fund under this Section, an |
amount equal to 5% of the adjusted gross receipts generated by |
a riverboat designated in paragraph (5) of subsection (e-5) of |
Section 7 shall be remitted monthly, subject to appropriation, |
as follows: 2% to the unit of local government in which the |
riverboat or casino is located, and 3% shall be distributed: |
(A) in accordance with a regional capital development plan |
entered into by the following communities: Village of Beecher, |
City of Blue Island, Village of Burnham, City of Calumet City, |
Village of Calumet Park, City of Chicago Heights, City of |
Country Club Hills, Village of Crestwood, Village of Crete, |
Village of Dixmoor, Village of Dolton, Village of East Hazel |
Crest, Village of Flossmoor, Village of Ford Heights, Village |
|
of Glenwood, City of Harvey, Village of Hazel Crest, Village |
of Homewood, Village of Lansing, Village of Lynwood, City of |
Markham, Village of Matteson, Village of Midlothian, Village |
of Monee, City of Oak Forest, Village of Olympia Fields, |
Village of Orland Hills, Village of Orland Park, City of Palos |
Heights, Village of Park Forest, Village of Phoenix, Village |
of Posen, Village of Richton Park, Village of Riverdale, |
Village of Robbins, Village of Sauk Village, Village of South |
Chicago Heights, Village of South Holland, Village of Steger, |
Village of Thornton, Village of Tinley Park, Village of |
University Park and Village of Worth; or (B) if no regional |
capital development plan exists, equally among the communities |
listed in item (A) to be used for capital expenditures or |
public pension payments, or both. |
Units of local government may refund any portion of the |
payment that they receive pursuant to this subsection (b) to |
the riverboat or casino.
|
(b-4) Beginning on the first day the licensee under |
paragraph (5) of subsection (e-5) of Section 7 conducts |
gambling operations, either in a temporary facility or a |
permanent facility, and ending on July 31, 2042, from the tax |
revenue deposited in the State Gaming Fund under this Section, |
$5,000,000 shall be paid annually, subject
to appropriation, |
to the host municipality of that owners licensee of a license |
issued or re-issued pursuant to Section
7.1 of this Act before |
January 1, 2012. Payments received by the host municipality |
|
pursuant to this subsection (b-4) may not be shared with any |
other unit of local government. |
(b-5) Beginning on June 28, 2019 (the effective date of |
Public Act 101-31), from the tax revenue
deposited in the |
State Gaming Fund under this Section, an amount equal to 3% of
|
adjusted gross receipts generated by each organization gaming |
facility located outside Madison County shall be paid monthly, |
subject
to appropriation by the General Assembly, to a |
municipality other than the Village of Stickney in which each |
organization gaming facility is located or, if the |
organization gaming facility is not located within a |
municipality, to the county in which the organization gaming |
facility is located, except as otherwise provided in this |
Section. From the tax revenue deposited in the State Gaming |
Fund under this Section, an amount equal to 3% of adjusted |
gross receipts generated by an organization gaming facility |
located in the Village of Stickney shall be paid monthly, |
subject to appropriation by the General Assembly, as follows: |
25% to the Village of Stickney, 5% to the City of Berwyn, 50% |
to the Town of Cicero, and 20% to the Stickney Public Health |
District. |
From the tax revenue deposited in the State Gaming Fund |
under this Section, an amount equal to 5% of adjusted gross |
receipts generated by an organization gaming facility located |
in the City of Collinsville shall be paid monthly, subject to |
appropriation by the General Assembly, as follows: 30% to the |
|
City of Alton, 30% to the City of East St. Louis, and 40% to |
the City of Collinsville. |
Municipalities and counties may refund any portion of the |
payment that they receive pursuant to this subsection (b-5) to |
the organization gaming facility. |
(b-6) Beginning on June 28, 2019 (the effective date of |
Public Act 101-31), from the tax revenue deposited in the |
State Gaming Fund under this Section, an amount equal to 2% of |
adjusted gross receipts generated by an organization gaming |
facility located outside Madison County shall be paid monthly, |
subject to appropriation by the General Assembly, to the |
county in which the organization gaming facility is located |
for the purposes of its criminal justice system or health care |
system. |
Counties may refund any portion of the payment that they |
receive pursuant to this subsection (b-6) to the organization |
gaming facility. |
(b-7) From the tax revenue from the organization gaming |
licensee located in one of the following townships of Cook |
County: Bloom, Bremen, Calumet, Orland, Rich, Thornton, or |
Worth, an amount equal to 5% of the adjusted gross receipts |
generated by that organization gaming licensee shall be |
remitted monthly, subject to appropriation, as follows: 2% to |
the unit of local government in which the organization gaming |
licensee is located, and 3% shall be distributed: (A) in |
accordance with a regional capital development plan entered |
|
into by the following communities: Village of Beecher, City of |
Blue Island, Village of Burnham, City of Calumet City, Village |
of Calumet Park, City of Chicago Heights, City of Country Club |
Hills, Village of Crestwood, Village of Crete, Village of |
Dixmoor, Village of Dolton, Village of East Hazel Crest, |
Village of Flossmoor, Village of Ford Heights, Village of |
Glenwood, City of Harvey, Village of Hazel Crest, Village of |
Homewood, Village of Lansing, Village of Lynwood, City of |
Markham, Village of Matteson, Village of Midlothian, Village |
of Monee, City of Oak Forest, Village of Olympia Fields, |
Village of Orland Hills, Village of Orland Park, City of Palos |
Heights, Village of Park Forest, Village of Phoenix, Village |
of Posen, Village of Richton Park, Village of Riverdale, |
Village of Robbins, Village of Sauk Village, Village of South |
Chicago Heights, Village of South Holland, Village of Steger, |
Village of Thornton, Village of Tinley Park, Village of |
University Park, and Village of Worth; or (B) if no regional |
capital development plan exists, equally among the communities |
listed in item (A) to be used for capital expenditures or |
public pension payments, or both. |
(b-8) In lieu of the payments under subsection (b) of this |
Section, from the tax revenue deposited in the State Gaming
|
Fund pursuant to riverboat or casino gambling operations |
conducted by an owners licensee
under paragraph (1) of |
subsection (e-5) of Section 7, an amount equal to the tax |
revenue
generated from the privilege tax imposed by paragraph |
|
(2) of subsection (a-5) that is to be
paid to the City of |
Chicago shall be paid monthly, subject
to appropriation by the |
General Assembly, as follows: (1) an amount equal to 0.5% of |
the annual adjusted gross receipts
generated by the owners |
licensee under paragraph (1) of subsection (e-5) of Section 7 |
to the home rule county in which the owners licensee is located |
for the purpose of enhancing
the county's criminal justice |
system; and (2) the balance to the City of Chicago and shall be |
expended or obligated by the City of Chicago for pension |
payments in accordance with Public Act 99-506. |
(c) Appropriations, as approved by the General Assembly, |
may be made
from the State Gaming Fund to the Board (i) for the |
administration and enforcement of this Act and the Video |
Gaming Act, (ii) for distribution to the Department of State |
Police and to the Department of Revenue for the enforcement of |
this Act and the Video Gaming Act, and (iii) to the
Department |
of Human Services for the administration of programs to treat
|
problem gambling, including problem gambling from sports |
wagering. The Board's annual appropriations request must |
separately state its funding needs for the regulation of |
gaming authorized under Section 7.7, riverboat gaming, casino |
gaming, video gaming, and sports wagering.
|
(c-2) An amount equal to 2% of the adjusted gross receipts |
generated by an organization gaming facility located within a |
home rule county with a population of over 3,000,000 |
inhabitants shall be paid, subject to appropriation
from the |
|
General Assembly, from the State Gaming Fund to the home rule
|
county in which the organization gaming licensee is located |
for the purpose of
enhancing the county's criminal justice |
system. |
(c-3) Appropriations, as approved by the General Assembly, |
may be made from the tax revenue deposited into the State |
Gaming Fund from organization gaming licensees pursuant to |
this Section for the administration and enforcement of this |
Act.
|
(c-4) After payments required under subsections (b), |
(b-5), (b-6), (b-7), (c), (c-2), and (c-3) have been made from |
the tax revenue from organization gaming licensees deposited |
into the State Gaming Fund under this Section, all remaining |
amounts from organization gaming licensees shall be |
transferred into the Capital Projects Fund. |
(c-5) (Blank).
|
(c-10) Each year the General Assembly shall appropriate |
from the General
Revenue Fund to the Education Assistance Fund |
an amount equal to the amount
paid into the Horse Racing Equity |
Fund pursuant to subsection (c-5) in the
prior calendar year.
|
(c-15) After the payments required under subsections (b), |
(c), and (c-5)
have been made, an amount equal to 2% of the |
adjusted gross receipts of (1)
an owners licensee that |
relocates pursuant to Section 11.2, (2) an owners
licensee |
conducting riverboat gambling operations pursuant to
an
owners |
license that is initially issued after June 25, 1999,
or (3) |
|
the first
riverboat gambling operations conducted by a |
licensed manager on behalf of the
State under Section 7.3,
|
whichever comes first, shall be paid, subject to appropriation
|
from the General Assembly, from the State Gaming Fund to each |
home rule
county with a population of over 3,000,000 |
inhabitants for the purpose of
enhancing the county's criminal |
justice system.
|
(c-20) Each year the General Assembly shall appropriate |
from the General
Revenue Fund to the Education Assistance Fund |
an amount equal to the amount
paid to each home rule county |
with a population of over 3,000,000 inhabitants
pursuant to |
subsection (c-15) in the prior calendar year.
|
(c-21) After the payments required under subsections (b), |
(b-4), (b-5), (b-6), (b-7), (b-8), (c), (c-3), and (c-4) have |
been made, an amount equal to 0.5% of the adjusted gross |
receipts generated by the owners licensee under paragraph (1) |
of subsection (e-5) of Section 7 shall be paid monthly, |
subject to appropriation
from the General Assembly, from the |
State Gaming Fund to the home rule
county in which the owners |
licensee is located for the purpose of
enhancing the county's |
criminal justice system. |
(c-22) After the payments required under subsections (b), |
(b-4), (b-5), (b-6), (b-7), (b-8), (c), (c-3), (c-4), and |
(c-21) have been made, an amount equal to 2% of the adjusted |
gross receipts generated by the owners licensee under |
paragraph (5) of subsection (e-5) of Section 7 shall be paid, |
|
subject to appropriation
from the General Assembly, from the |
State Gaming Fund to the home rule
county in which the owners |
licensee is located for the purpose of
enhancing the county's |
criminal justice system. |
(c-25) From July 1, 2013 and each July 1 thereafter |
through July 1, 2019, $1,600,000 shall be transferred from the |
State Gaming Fund to the Chicago State University Education |
Improvement Fund.
|
On July 1, 2020 and each July 1 thereafter, $3,000,000 |
shall be transferred from the State Gaming Fund to the Chicago |
State University Education Improvement Fund. |
(c-30) On July 1, 2013 or as soon as possible thereafter, |
$92,000,000 shall be transferred from the State Gaming Fund to |
the School Infrastructure Fund and $23,000,000 shall be |
transferred from the State Gaming Fund to the Horse Racing |
Equity Fund. |
(c-35) Beginning on July 1, 2013, in addition to any |
amount transferred under subsection (c-30) of this Section, |
$5,530,000 shall be transferred monthly from the State Gaming |
Fund to the School Infrastructure Fund. |
(d) From time to time, through June 30, 2021, the
Board |
shall transfer the remainder of the funds
generated by this |
Act into the Education
Assistance Fund , created by Public Act |
86-0018, of the State of Illinois .
|
(d-5) Beginning on July 1, 2021, on the last day of each |
month, or as soon thereafter as possible, after all the |
|
required expenditures, distributions and transfers have been |
made from the State Gaming Fund for the month pursuant to |
subsections (b) through (c-35), the Board shall transfer |
$22,500,000, along with any deficiencies in such amounts from |
prior months, from the State Gaming Fund to the Education |
Assistance Fund; then the Board shall transfer the remainder |
of the funds generated by this Act, if any, from the State |
Gaming Fund to the Capital Projects Fund. |
(e) Nothing in this Act shall prohibit the unit of local |
government
designated as the home dock of the riverboat from |
entering into agreements
with other units of local government |
in this State or in other states to
share its portion of the |
tax revenue.
|
(f) To the extent practicable, the Board shall administer |
and collect the
wagering taxes imposed by this Section in a |
manner consistent with the
provisions of Sections 4, 5, 5a, |
5b, 5c, 5d, 5e, 5f, 5g, 5i, 5j, 6, 6a, 6b,
6c, 8, 9, and 10 of |
the Retailers' Occupation Tax Act and Section 3-7 of the
|
Uniform Penalty and Interest Act.
|
(Source: P.A. 101-31, Article 25, Section 25-910, eff. |
6-28-19; 101-31, Article 35, Section 35-55, eff. 6-28-19; |
101-648, eff. 6-30-20.)
|
Section 3-115. The Sports Wagering Act is amended by |
changing Section 25-90 as follows: |
|
(230 ILCS 45/25-90)
|
Sec. 25-90. Tax; Sports Wagering Fund. |
(a) For the privilege of holding a license to operate |
sports wagering under this Act, this State shall impose and |
collect 15% of a master sports wagering licensee's adjusted |
gross sports wagering receipts from sports wagering. The |
accrual method of accounting shall be used for purposes of |
calculating the amount of the tax owed by the licensee. |
The taxes levied and collected pursuant to this subsection |
(a) are due and payable to the Board no later than the last day |
of the month following the calendar month in which the |
adjusted gross sports wagering receipts were received and the |
tax obligation was accrued. |
(a-5) In addition to the tax imposed under subsection (a) |
of this Section, for the privilege of holding a license to |
operate sports wagering under this Act, the State shall impose |
and collect 2% of the adjusted gross receipts from sports |
wagers that are placed within a home rule county with a |
population of over 3,000,000 inhabitants, which shall be paid, |
subject to appropriation from the General Assembly, from the |
Sports Wagering Fund to that home rule county for the purpose |
of enhancing the county's criminal justice system. |
(b) The Sports Wagering Fund is hereby created as special |
fund in the State treasury. Except as otherwise provided in |
this Act, all moneys collected under this Act by the Board |
shall be deposited into the Sports Wagering Fund. On the 25th |
|
of each month, any moneys remaining in the Sports Wagering |
Fund in excess of the anticipated monthly expenditures from |
the Fund through the next month, as certified by the Board to |
the State Comptroller, shall be transferred by the State |
Comptroller and the State Treasurer to the Capital Projects |
Fund. |
(c) Beginning with July 2021, and on a monthly basis |
thereafter, the Board shall certify to the State Comptroller |
the amount of license fees collected in the month for initial |
licenses issued under this Act, except for occupational |
licenses. As soon after certification as practicable, the |
State Comptroller shall direct and the State Treasurer shall |
transfer the certified amount from the Sports Wagering Fund to |
the Rebuild Illinois Projects Fund.
|
(Source: P.A. 101-31, eff. 6-28-19.) |
Section 3-120. The Illinois Public Aid Code is amended by |
changing Sections 5-5.4, 12-10, and 12-10.3 and by adding |
Sections 5-2.09 and 5-2.10 as follows: |
(305 ILCS 5/5-2.09 new) |
Sec. 5-2.09. Enhanced federal medical assistance |
percentage. In accordance with Section 9817 of the American |
Rescue Plan Act of 2021 (Pub. L. 117-2) and corresponding |
federal guidance, the Department of Healthcare and Family |
Services shall take appropriate actions to claim an enhanced |
|
federal medical assistance percentage (FMAP) provided by |
Section 9817 of the American Rescue Plan Act of 2021 with |
respect to expenditures under the State medical assistance |
program for home and community-based services from April 1, |
2021 through March 31, 2022. The Department is authorized to |
use State funds equivalent to the amount of federal funds |
attributable to the increased federal medical assistance |
percentage under Section 9817 of the American Rescue Plan Act |
of 2021 to implement or supplement the implementation of |
activities to enhance, expand, or strengthen home and |
community based services under the State's medical assistance |
program to the extent permitted by and aligned with the goals |
of Section 9817 of the American Rescue Plan Act of 2021 through |
March 31, 2024 or any revised deadline established by the |
federal government. The use of such funds is subject to |
compliance with applicable federal requirements and federal |
approval, including the approval of any necessary State Plan |
Amendments, Waiver Amendments, or other federally required |
documents or assurances. |
The Department may adopt rules as necessary, including |
emergency rules as authorized by Section 5-45 of the Illinois |
Administrative Procedure Act, to implement the provisions of |
this Section. |
(305 ILCS 5/5-2.10 new) |
Sec. 5-2.10. Increased accountability for nursing |
|
facilities. The Department shall develop a plan for the |
revitalization of nursing homes licensed under the Nursing |
Home Care Act and shall report to the Governor and the General |
Assembly on a recommended course of action, including, but not |
limited to, the following: |
(1) significantly increasing federal funds by |
streamlining and raising the nursing home provider |
assessment on occupied beds; |
(2)improving payments through increased funding and |
providing additional incentives for staffing, quality |
metrics and infection control measures; and |
(3)transitioning the methodologies for reimbursement |
of nursing services as provided under this Article to the |
Patient Driven Payment Model (PDPM) developed by the |
federal Centers for Medicare and Medicaid Services. |
No later than September 30, 2021, the Department shall |
submit a report to the Governor and the General Assembly, |
which outlines the steps taken by the Department, including |
discussions with interested stakeholders and industry |
representatives, and recommendations for further action by the |
General Assembly to provide for accountability and to achieve |
the program objectives outlined in this Section, which shall |
require action by the General Assembly.
|
(305 ILCS 5/5-5.4) (from Ch. 23, par. 5-5.4)
|
Sec. 5-5.4. Standards of Payment - Department of |
|
Healthcare and Family Services.
The Department of Healthcare |
and Family Services shall develop standards of payment of
|
nursing facility and ICF/DD services in facilities providing |
such services
under this Article which:
|
(1) Provide for the determination of a facility's payment
|
for nursing facility or ICF/DD services on a prospective |
basis.
The amount of the payment rate for all nursing |
facilities certified by the
Department of Public Health under |
the ID/DD Community Care Act or the Nursing Home Care Act as |
Intermediate
Care for the Developmentally Disabled facilities, |
Long Term Care for Under Age
22 facilities, Skilled Nursing |
facilities, or Intermediate Care facilities
under the
medical |
assistance program shall be prospectively established annually |
on the
basis of historical, financial, and statistical data |
reflecting actual costs
from prior years, which shall be |
applied to the current rate year and updated
for inflation, |
except that the capital cost element for newly constructed
|
facilities shall be based upon projected budgets. The annually |
established
payment rate shall take effect on July 1 in 1984 |
and subsequent years. No rate
increase and no
update for |
inflation shall be provided on or after July 1, 1994, unless |
specifically provided for in this
Section.
The changes made by |
Public Act 93-841
extending the duration of the prohibition |
against a rate increase or update for inflation are effective |
retroactive to July 1, 2004.
|
For facilities licensed by the Department of Public Health |
|
under the Nursing
Home Care Act as Intermediate Care for the |
Developmentally Disabled facilities
or Long Term Care for |
Under Age 22 facilities, the rates taking effect on July
1, |
1998 shall include an increase of 3%. For facilities licensed |
by the
Department of Public Health under the Nursing Home Care |
Act as Skilled Nursing
facilities or Intermediate Care |
facilities, the rates taking effect on July 1,
1998 shall |
include an increase of 3% plus $1.10 per resident-day, as |
defined by
the Department. For facilities licensed by the |
Department of Public Health under the Nursing Home Care Act as |
Intermediate Care Facilities for the Developmentally Disabled |
or Long Term Care for Under Age 22 facilities, the rates taking |
effect on January 1, 2006 shall include an increase of 3%.
For |
facilities licensed by the Department of Public Health under |
the Nursing Home Care Act as Intermediate Care Facilities for |
the Developmentally Disabled or Long Term Care for Under Age |
22 facilities, the rates taking effect on January 1, 2009 |
shall include an increase sufficient to provide a $0.50 per |
hour wage increase for non-executive staff. For facilities |
licensed by the Department of Public Health under the ID/DD |
Community Care Act as ID/DD Facilities the rates taking effect |
within 30 days after July 6, 2017 (the effective date of Public |
Act 100-23) shall include an increase sufficient to provide a |
$0.75 per hour wage increase for non-executive staff. The |
Department shall adopt rules, including emergency rules under |
subsection (y) of Section 5-45 of the Illinois Administrative |
|
Procedure Act, to implement the provisions of this paragraph. |
For facilities licensed by the Department of Public Health |
under the ID/DD Community Care Act as ID/DD Facilities and |
under the MC/DD Act as MC/DD Facilities, the rates taking |
effect within 30 days after the effective date of this |
amendatory Act of the 100th General Assembly shall include an |
increase sufficient to provide a $0.50 per hour wage increase |
for non-executive front-line personnel, including, but not |
limited to, direct support persons, aides, front-line |
supervisors, qualified intellectual disabilities |
professionals, nurses, and non-administrative support staff. |
The Department shall adopt rules, including emergency rules |
under subsection (bb) of Section 5-45 of the Illinois |
Administrative Procedure Act, to implement the provisions of |
this paragraph. |
For facilities licensed by the Department of Public Health |
under the
Nursing Home Care Act as Intermediate Care for the |
Developmentally Disabled
facilities or Long Term Care for |
Under Age 22 facilities, the rates taking
effect on July 1, |
1999 shall include an increase of 1.6% plus $3.00 per
|
resident-day, as defined by the Department. For facilities |
licensed by the
Department of Public Health under the Nursing |
Home Care Act as Skilled Nursing
facilities or Intermediate |
Care facilities, the rates taking effect on July 1,
1999 shall |
include an increase of 1.6% and, for services provided on or |
after
October 1, 1999, shall be increased by $4.00 per |
|
resident-day, as defined by
the Department.
|
For facilities licensed by the Department of Public Health |
under the
Nursing Home Care Act as Intermediate Care for the |
Developmentally Disabled
facilities or Long Term Care for |
Under Age 22 facilities, the rates taking
effect on July 1, |
2000 shall include an increase of 2.5% per resident-day,
as |
defined by the Department. For facilities licensed by the |
Department of
Public Health under the Nursing Home Care Act as |
Skilled Nursing facilities or
Intermediate Care facilities, |
the rates taking effect on July 1, 2000 shall
include an |
increase of 2.5% per resident-day, as defined by the |
Department.
|
For facilities licensed by the Department of Public Health |
under the
Nursing Home Care Act as skilled nursing facilities |
or intermediate care
facilities, a new payment methodology |
must be implemented for the nursing
component of the rate |
effective July 1, 2003. The Department of Public Aid
(now |
Healthcare and Family Services) shall develop the new payment |
methodology using the Minimum Data Set
(MDS) as the instrument |
to collect information concerning nursing home
resident |
condition necessary to compute the rate. The Department
shall |
develop the new payment methodology to meet the unique needs |
of
Illinois nursing home residents while remaining subject to |
the appropriations
provided by the General Assembly.
A |
transition period from the payment methodology in effect on |
June 30, 2003
to the payment methodology in effect on July 1, |
|
2003 shall be provided for a
period not exceeding 3 years and |
184 days after implementation of the new payment
methodology |
as follows:
|
(A) For a facility that would receive a lower
nursing |
component rate per patient day under the new system than |
the facility
received
effective on the date immediately |
preceding the date that the Department
implements the new |
payment methodology, the nursing component rate per |
patient
day for the facility
shall be held at
the level in |
effect on the date immediately preceding the date that the
|
Department implements the new payment methodology until a |
higher nursing
component rate of
reimbursement is achieved |
by that
facility.
|
(B) For a facility that would receive a higher nursing |
component rate per
patient day under the payment |
methodology in effect on July 1, 2003 than the
facility |
received effective on the date immediately preceding the |
date that the
Department implements the new payment |
methodology, the nursing component rate
per patient day |
for the facility shall be adjusted.
|
(C) Notwithstanding paragraphs (A) and (B), the |
nursing component rate per
patient day for the facility |
shall be adjusted subject to appropriations
provided by |
the General Assembly.
|
For facilities licensed by the Department of Public Health |
under the
Nursing Home Care Act as Intermediate Care for the |
|
Developmentally Disabled
facilities or Long Term Care for |
Under Age 22 facilities, the rates taking
effect on March 1, |
2001 shall include a statewide increase of 7.85%, as
defined |
by the Department.
|
Notwithstanding any other provision of this Section, for |
facilities licensed by the Department of Public Health under |
the
Nursing Home Care Act as skilled nursing facilities or |
intermediate care
facilities, except facilities participating |
in the Department's demonstration program pursuant to the |
provisions of Title 77, Part 300, Subpart T of the Illinois |
Administrative Code, the numerator of the ratio used by the |
Department of Healthcare and Family Services to compute the |
rate payable under this Section using the Minimum Data Set |
(MDS) methodology shall incorporate the following annual |
amounts as the additional funds appropriated to the Department |
specifically to pay for rates based on the MDS nursing |
component methodology in excess of the funding in effect on |
December 31, 2006: |
(i) For rates taking effect January 1, 2007, |
$60,000,000. |
(ii) For rates taking effect January 1, 2008, |
$110,000,000. |
(iii) For rates taking effect January 1, 2009, |
$194,000,000. |
(iv) For rates taking effect April 1, 2011, or the |
first day of the month that begins at least 45 days after |
|
the effective date of this amendatory Act of the 96th |
General Assembly, $416,500,000 or an amount as may be |
necessary to complete the transition to the MDS |
methodology for the nursing component of the rate. |
Increased payments under this item (iv) are not due and |
payable, however, until (i) the methodologies described in |
this paragraph are approved by the federal government in |
an appropriate State Plan amendment and (ii) the |
assessment imposed by Section 5B-2 of this Code is |
determined to be a permissible tax under Title XIX of the |
Social Security Act. |
Notwithstanding any other provision of this Section, for |
facilities licensed by the Department of Public Health under |
the Nursing Home Care Act as skilled nursing facilities or |
intermediate care facilities, the support component of the |
rates taking effect on January 1, 2008 shall be computed using |
the most recent cost reports on file with the Department of |
Healthcare and Family Services no later than April 1, 2005, |
updated for inflation to January 1, 2006. |
For facilities licensed by the Department of Public Health |
under the
Nursing Home Care Act as Intermediate Care for the |
Developmentally Disabled
facilities or Long Term Care for |
Under Age 22 facilities, the rates taking
effect on April 1, |
2002 shall include a statewide increase of 2.0%, as
defined by |
the Department.
This increase terminates on July 1, 2002;
|
beginning July 1, 2002 these rates are reduced to the level of |
|
the rates
in effect on March 31, 2002, as defined by the |
Department.
|
For facilities licensed by the Department of Public Health |
under the
Nursing Home Care Act as skilled nursing facilities |
or intermediate care
facilities, the rates taking effect on |
July 1, 2001 shall be computed using the most recent cost |
reports
on file with the Department of Public Aid no later than |
April 1, 2000,
updated for inflation to January 1, 2001. For |
rates effective July 1, 2001
only, rates shall be the greater |
of the rate computed for July 1, 2001
or the rate effective on |
June 30, 2001.
|
Notwithstanding any other provision of this Section, for |
facilities
licensed by the Department of Public Health under |
the Nursing Home Care Act
as skilled nursing facilities or |
intermediate care facilities, the Illinois
Department shall |
determine by rule the rates taking effect on July 1, 2002,
|
which shall be 5.9% less than the rates in effect on June 30, |
2002.
|
Notwithstanding any other provision of this Section, for |
facilities
licensed by the Department of Public Health under |
the Nursing Home Care Act as
skilled nursing
facilities or |
intermediate care facilities, if the payment methodologies |
required under Section 5A-12 and the waiver granted under 42 |
CFR 433.68 are approved by the United States Centers for |
Medicare and Medicaid Services, the rates taking effect on |
July 1, 2004 shall be 3.0% greater than the rates in effect on |
|
June 30, 2004. These rates shall take
effect only upon |
approval and
implementation of the payment methodologies |
required under Section 5A-12.
|
Notwithstanding any other provisions of this Section, for |
facilities licensed by the Department of Public Health under |
the Nursing Home Care Act as skilled nursing facilities or |
intermediate care facilities, the rates taking effect on |
January 1, 2005 shall be 3% more than the rates in effect on |
December 31, 2004.
|
Notwithstanding any other provision of this Section, for |
facilities licensed by the Department of Public Health under |
the Nursing Home Care Act as skilled nursing facilities or |
intermediate care facilities, effective January 1, 2009, the |
per diem support component of the rates effective on January |
1, 2008, computed using the most recent cost reports on file |
with the Department of Healthcare and Family Services no later |
than April 1, 2005, updated for inflation to January 1, 2006, |
shall be increased to the amount that would have been derived |
using standard Department of Healthcare and Family Services |
methods, procedures, and inflators. |
Notwithstanding any other provisions of this Section, for |
facilities licensed by the Department of Public Health under |
the Nursing Home Care Act as intermediate care facilities that |
are federally defined as Institutions for Mental Disease, or |
facilities licensed by the Department of Public Health under |
the Specialized Mental Health Rehabilitation Act of 2013, a |
|
socio-development component rate equal to 6.6% of the |
facility's nursing component rate as of January 1, 2006 shall |
be established and paid effective July 1, 2006. The |
socio-development component of the rate shall be increased by |
a factor of 2.53 on the first day of the month that begins at |
least 45 days after January 11, 2008 (the effective date of |
Public Act 95-707). As of August 1, 2008, the |
socio-development component rate shall be equal to 6.6% of the |
facility's nursing component rate as of January 1, 2006, |
multiplied by a factor of 3.53. For services provided on or |
after April 1, 2011, or the first day of the month that begins |
at least 45 days after the effective date of this amendatory |
Act of the 96th General Assembly, whichever is later, the |
Illinois Department may by rule adjust these socio-development |
component rates, and may use different adjustment |
methodologies for those facilities participating, and those |
not participating, in the Illinois Department's demonstration |
program pursuant to the provisions of Title 77, Part 300, |
Subpart T of the Illinois Administrative Code, but in no case |
may such rates be diminished below those in effect on August 1, |
2008.
|
For facilities
licensed
by the
Department of Public Health |
under the Nursing Home Care Act as Intermediate
Care for
the |
Developmentally Disabled facilities or as long-term care |
facilities for
residents under 22 years of age, the rates |
taking effect on July 1,
2003 shall
include a statewide |
|
increase of 4%, as defined by the Department.
|
For facilities licensed by the Department of Public Health |
under the
Nursing Home Care Act as Intermediate Care for the |
Developmentally Disabled
facilities or Long Term Care for |
Under Age 22 facilities, the rates taking
effect on the first |
day of the month that begins at least 45 days after the |
effective date of this amendatory Act of the 95th General |
Assembly shall include a statewide increase of 2.5%, as
|
defined by the Department. |
Notwithstanding any other provision of this Section, for |
facilities licensed by the Department of Public Health under |
the Nursing Home Care Act as skilled nursing facilities or |
intermediate care facilities, effective January 1, 2005, |
facility rates shall be increased by the difference between |
(i) a facility's per diem property, liability, and malpractice |
insurance costs as reported in the cost report filed with the |
Department of Public Aid and used to establish rates effective |
July 1, 2001 and (ii) those same costs as reported in the |
facility's 2002 cost report. These costs shall be passed |
through to the facility without caps or limitations, except |
for adjustments required under normal auditing procedures.
|
Rates established effective each July 1 shall govern |
payment
for services rendered throughout that fiscal year, |
except that rates
established on July 1, 1996 shall be |
increased by 6.8% for services
provided on or after January 1, |
1997. Such rates will be based
upon the rates calculated for |
|
the year beginning July 1, 1990, and for
subsequent years |
thereafter until June 30, 2001 shall be based on the
facility |
cost reports
for the facility fiscal year ending at any point |
in time during the previous
calendar year, updated to the |
midpoint of the rate year. The cost report
shall be on file |
with the Department no later than April 1 of the current
rate |
year. Should the cost report not be on file by April 1, the |
Department
shall base the rate on the latest cost report filed |
by each skilled care
facility and intermediate care facility, |
updated to the midpoint of the
current rate year. In |
determining rates for services rendered on and after
July 1, |
1985, fixed time shall not be computed at less than zero. The
|
Department shall not make any alterations of regulations which |
would reduce
any component of the Medicaid rate to a level |
below what that component would
have been utilizing in the |
rate effective on July 1, 1984.
|
(2) Shall take into account the actual costs incurred by |
facilities
in providing services for recipients of skilled |
nursing and intermediate
care services under the medical |
assistance program.
|
(3) Shall take into account the medical and psycho-social
|
characteristics and needs of the patients.
|
(4) Shall take into account the actual costs incurred by |
facilities in
meeting licensing and certification standards |
imposed and prescribed by the
State of Illinois, any of its |
political subdivisions or municipalities and by
the U.S. |
|
Department of Health and Human Services pursuant to Title XIX |
of the
Social Security Act.
|
The Department of Healthcare and Family Services
shall |
develop precise standards for
payments to reimburse nursing |
facilities for any utilization of
appropriate rehabilitative |
personnel for the provision of rehabilitative
services which |
is authorized by federal regulations, including
reimbursement |
for services provided by qualified therapists or qualified
|
assistants, and which is in accordance with accepted |
professional
practices. Reimbursement also may be made for |
utilization of other
supportive personnel under appropriate |
supervision.
|
The Department shall develop enhanced payments to offset |
the additional costs incurred by a
facility serving |
exceptional need residents and shall allocate at least |
$4,000,000 of the funds
collected from the assessment |
established by Section 5B-2 of this Code for such payments. |
For
the purpose of this Section, "exceptional needs" means, |
but need not be limited to, ventilator care and traumatic |
brain injury care. The enhanced payments for exceptional need |
residents under this paragraph are not due and payable, |
however, until (i) the methodologies described in this |
paragraph are approved by the federal government in an |
appropriate State Plan amendment and (ii) the assessment |
imposed by Section 5B-2 of this Code is determined to be a |
permissible tax under Title XIX of the Social Security Act. |
|
Beginning January 1, 2014 the methodologies for |
reimbursement of nursing facility services as provided under |
this Section 5-5.4 shall no longer be applicable for services |
provided on or after January 1, 2014. |
No payment increase under this Section for the MDS |
methodology, exceptional care residents, or the |
socio-development component rate established by Public Act |
96-1530 of the 96th General Assembly and funded by the |
assessment imposed under Section 5B-2 of this Code shall be |
due and payable until after the Department notifies the |
long-term care providers, in writing, that the payment |
methodologies to long-term care providers required under this |
Section have been approved by the Centers for Medicare and |
Medicaid Services of the U.S. Department of Health and Human |
Services and the waivers under 42 CFR 433.68 for the |
assessment imposed by this Section, if necessary, have been |
granted by the Centers for Medicare and Medicaid Services of |
the U.S. Department of Health and Human Services. Upon |
notification to the Department of approval of the payment |
methodologies required under this Section and the waivers |
granted under 42 CFR 433.68, all increased payments otherwise |
due under this Section prior to the date of notification shall |
be due and payable within 90 days of the date federal approval |
is received. |
On and after July 1, 2012, the Department shall reduce any |
rate of reimbursement for services or other payments or alter |
|
any methodologies authorized by this Code to reduce any rate |
of reimbursement for services or other payments in accordance |
with Section 5-5e. |
For facilities licensed by the Department of Public Health |
under the ID/DD Community Care Act as ID/DD Facilities and |
under the MC/DD Act as MC/DD Facilities, subject to federal |
approval, the rates taking effect for services delivered on or |
after August 1, 2019 shall be increased by 3.5% over the rates |
in effect on June 30, 2019. The Department shall adopt rules, |
including emergency rules under subsection (ii) of Section |
5-45 of the Illinois Administrative Procedure Act, to |
implement the provisions of this Section, including wage |
increases for direct care staff. |
For facilities licensed by the Department of Public Health |
under the ID/DD Community Care Act as ID/DD Facilities and |
under the MC/DD Act as MC/DD Facilities, subject to federal |
approval, the rates taking effect on the latter of the |
approval date of the State Plan Amendment for these facilities |
or the Waiver Amendment for the home and community-based |
services settings shall include an increase sufficient to |
provide a $0.26 per hour wage increase to the base wage for |
non-executive staff. The Department shall adopt rules, |
including emergency rules as authorized by Section 5-45 of the |
Illinois Administrative Procedure Act, to implement the |
provisions of
this Section, including wage increases for |
direct care staff. |
|
For facilities licensed by the Department of Public Health |
under the ID/DD Community Care Act as ID/DD Facilities and |
under the MC/DD Act as MC/DD Facilities, subject to federal |
approval of the State Plan Amendment and the Waiver Amendment |
for the home and community-based services settings, the rates |
taking effect for the services delivered on or after July 1, |
2020 shall include an increase sufficient to provide a $1.00 |
per hour wage increase for non-executive staff. For services |
delivered on or after January 1, 2021, subject to federal |
approval of the State Plan Amendment and the Waiver Amendment |
for the home and community-based services settings, shall |
include an increase sufficient to provide a $0.50 per hour |
increase for non-executive staff. The Department shall adopt |
rules, including emergency rules as authorized by Section 5-45 |
of the Illinois Administrative Procedure Act, to implement the |
provisions of this Section, including wage increases for |
direct care staff. |
For facilities licensed by the Department of Public Health |
under the ID/DD Community Care Act as ID/DD Facilities and |
under the MC/DD Act as MC/DD Facilities, subject to federal |
approval of the State Plan Amendment, the rates taking effect |
for the residential services delivered on or after July 1, |
2021, shall include an increase sufficient to provide a $0.50 |
per hour increase for aides in the rate methodology. For |
facilities licensed by the Department of Public Health under |
the ID/DD Community Care Act as ID/DD Facilities and under the |
|
MC/DD Act as MC/DD Facilities, subject to federal approval of |
the State Plan Amendment, the rates taking effect for the |
residential services delivered on or after January 1, 2022 |
shall include an increase sufficient to provide a $1.00 per |
hour increase for aides in the rate methodology. In addition, |
for residential services delivered on or after January 1, 2022 |
such rates shall include an increase sufficient to provide |
wages for all residential non-executive direct care staff, |
excluding aides, at the federal Department of Labor, Bureau of |
Labor Statistics' average wage as defined in rule by the |
Department. The Department shall adopt rules, including |
emergency rules as authorized by Section 5-45 of the Illinois |
Administrative Procedure Act, to implement the provisions of |
this Section. |
(Source: P.A. 100-23, eff. 7-6-17; 100-587, eff. 6-4-18; |
101-10, eff. 6-5-19; 101-636, eff. 6-10-20.)
|
(305 ILCS 5/12-10) (from Ch. 23, par. 12-10)
|
Sec. 12-10. DHS Special Purposes Trust Fund; uses. The DHS |
Special
Purposes Trust Fund, to be held outside the State |
Treasury by the State
Treasurer as ex-officio custodian, shall |
consist of (1) any federal grants
received under Section |
12-4.6 that are not required by Section 12-5 to be paid
into |
the General Revenue Fund or transferred into the Local |
Initiative Fund
under Section 12-10.1 or deposited in the |
Employment and Training Fund under
Section 12-10.3 or in the |
|
special account established and maintained in that
Fund as |
provided
in that Section; (2) grants, gifts or legacies of |
moneys or securities
received under Section 12-4.18; (3) |
grants received under Section 12-4.19; and
(4) funds for child |
care and development services. Disbursements from this
Fund |
shall be only for the purposes authorized by the |
aforementioned Sections.
|
Disbursements from this Fund shall be by warrants drawn by |
the State
Comptroller on receipt of vouchers duly executed and |
certified by the Illinois
Department of Human Services, |
including payment to the Health Insurance
Reserve Fund for |
group insurance costs at the rate certified by the Department
|
of Central Management Services. |
In addition to any other transfers that may be provided |
for by law, the State Comptroller shall direct and the State |
Treasurer shall transfer from the DHS Special Purposes Trust |
Fund into the Governor's Grant Fund such amounts as may be |
directed in writing by the Secretary of Human Services.
|
In addition to any other transfers that may be provided |
for by law, the State Comptroller shall direct and the State |
Treasurer shall transfer from the DHS Special Purposes Trust |
Fund into the Employment and Training fund such amounts as may |
be directed in writing by the Secretary of Human Services. All |
federal monies received as reimbursement for expenditures from |
the
General Revenue Fund, and which were made for the purposes |
authorized for
expenditures from the DHS Special Purposes |
|
Trust Fund, shall be deposited
by the Department into the |
General Revenue Fund.
|
(Source: P.A. 101-10, eff. 6-5-19.)
|
(305 ILCS 5/12-10.3) (from Ch. 23, par. 12-10.3)
|
Sec. 12-10.3. Employment and Training Fund; uses.
|
(a) The Employment and Training Fund is hereby created in |
the State
Treasury for the purpose of receiving and disbursing |
moneys in accordance
with the provisions of Title IV-A of the |
federal Social Security Act; the Food Stamp
Act, Title 7 of the |
United States Code; and related rules and regulations
|
governing the use of those moneys for the purposes of |
providing employment
and training services, supportive |
services, cash assistance payments, short-term non-recurrent |
payments, and other related social services. Beginning in |
fiscal year 2022, the Employment and Training Fund may receive |
revenues from State, federal, and private sources related to |
child care services and programs.
|
(b) All federal funds received by the Illinois Department |
as
reimbursement for expenditures for employment and training |
programs made by
the Illinois Department from grants, gifts, |
or legacies as provided in
Section 12-4.18 or by an entity |
other than the Department, and all federal funds received from |
the Emergency Contingency Fund for State Temporary Assistance |
for Needy Families Programs established by the American |
Recovery and Reinvestment Act of 2009,
shall be deposited into |
|
the Employment and Training Fund.
|
(c) Except as provided in subsection (d) of this Section, |
the
Employment and Training Fund shall be administered by the |
Illinois
Department, and the Illinois Department may make |
payments from the
Employment and Training Fund to clients or |
to public and private entities on behalf of clients for |
employment and training services, supportive services, cash |
assistance payments, short-term non-recurrent payments, child |
care services and child care related programs, and other |
related social services consistent with the purposes |
authorized under this Code.
|
(d) (Blank).
|
(e) The Illinois Department shall execute a written grant |
agreement contract when
purchasing employment and training |
services from entities qualified to
provide services under
the |
programs. The contract shall be filed with the Illinois |
Department
and the State Comptroller.
|
(Source: P.A. 96-45, eff. 7-15-09.)
|
Section 3-125. The Illinois Affordable Housing Act is |
amended by changing Section 5 as follows:
|
(310 ILCS 65/5) (from Ch. 67 1/2, par. 1255)
|
Sec. 5. Illinois Affordable Housing Trust Fund.
|
(a) There is hereby
created the Illinois Affordable |
Housing Trust Fund, hereafter referred to
in this Act as the |
|
"Trust Fund" to be held as a separate fund within the
State |
Treasury and to be administered by the Program Administrator. |
The
purpose of the Trust Fund is to finance projects of the |
Illinois Affordable
Housing Program as authorized and approved |
by the Program Administrator.
The Funding Agent shall |
establish, within the Trust Fund, a General Account,
a Bond |
Account, a Commitment Account and a Development Credits
|
Account.
The Funding Agent shall authorize distribution of |
Trust Fund moneys to the
Program Administrator or a payee |
designated by the Program Administrator for
purposes |
authorized by this Act. After
receipt of the Trust Fund moneys |
by the Program Administrator or designated
payee, the Program |
Administrator shall ensure that all those
moneys are expended |
for a public purpose and only as authorized by this Act.
|
(b) Except as otherwise provided in Section 8(c) of this |
Act, there
shall be deposited in the Trust Fund such amounts as |
may become available
under the provisions of this Act, |
including,
but not limited to:
|
(1) all receipts, including dividends, principal and |
interest
repayments attributable to any loans or |
agreements
funded from the Trust Fund;
|
(2) all proceeds of assets of whatever nature received |
by the
Program Administrator, and attributable to default |
with
respect to loans or
agreements funded from the Trust |
Fund;
|
(3) any appropriations, grants or gifts of funds or |
|
property, or financial
or other aid from any federal or |
State agency or
body, local government or any other public |
organization or private individual
made to the Trust Fund;
|
(4) any income received as a result of the investment |
of moneys in
the Trust Fund;
|
(5) all fees or charges collected by the Program |
Administrator or
Funding Agent pursuant to this Act;
|
(6) an amount equal to one half of all proceeds |
collected by the
Funding Agent pursuant to Section 3 of |
the Real Estate Transfer Tax
Act, as amended;
|
(7) other funds as appropriated by the General |
Assembly; and
|
(8) any income, less costs and fees associated with |
the Program Escrow,
received by the Program Administrator |
that is derived from Trust Fund Moneys
held in the Program |
Escrow prior to expenditure of such Trust Fund Moneys. |
(c) Additional Trust Fund Purpose: Receipt and use of |
federal funding for programs responding to the COVID-19 public |
health emergency. Notwithstanding any other provision of this |
Act or any other law limiting or directing the use of the Trust |
Fund, the Trust Fund may receive, directly or indirectly, |
federal funds from the Homeowner Assistance Fund authorized |
under Section 3206 of the federal American Rescue Plan Act of |
2021 (Public Law 117-2). Any such funds shall be deposited |
into a Homeowner Assistance Account which shall be established |
within the Trust Fund by the Funding Agent so that such funds |
|
can be accounted for separately from other funds in the Trust |
Fund. Such funds may be used only in the manner and for the |
purposes authorized in Section 3206 of the American Rescue |
Plan Act of 2021 and in related federal guidance. Also, the |
Trust Fund may receive, directly or indirectly, federal funds |
from the Emergency Rental Assistance Program authorized under |
Section 3201 of the federal American Rescue Plan Act of 2021 |
and Section 501 of Subtitle A of Title V of Division N of the |
Consolidated Appropriations Act, 2021 (Public Law 116–260). |
Any such funds shall be deposited into an Emergency Rental |
Assistance Account which shall be established within the Trust |
Fund by the Funding Agent so that such funds can be accounted |
for separately from other funds in the Trust Fund. Such funds |
may be used only in the manner and for the purposes authorized |
in Section 3201 of the American Rescue Plan Act of 2021 and in |
related federal guidance. Expenditures under this subsection |
(c) are subject to annual appropriation to the Funding Agent. |
Unless used in this subsection (c), the defined terms set |
forth in Section 3 shall not apply to funds received pursuant |
to the American Rescue Plan Act of 2021. Notwithstanding any |
other provision of this Act or any other law limiting or |
directing the use of the Trust Fund, funds received under the |
American Rescue Plan Act of 2021 are not subject to the terms |
and provisions of this Act except as specifically set forth in |
this subsection (c).
|
(Source: P.A. 91-357, eff. 7-29-99.)
|
|
Section 3-130. The Environmental Protection Act is amended |
by changing Sections 22.15, 22.59, and 57.11 as follows:
|
(415 ILCS 5/22.15) (from Ch. 111 1/2, par. 1022.15)
|
Sec. 22.15. Solid Waste Management Fund; fees.
|
(a) There is hereby created within the State Treasury a
|
special fund to be known as the Solid Waste Management Fund, to |
be
constituted from the fees collected by the State pursuant |
to this Section,
from repayments of loans made from the Fund |
for solid waste projects, from registration fees collected |
pursuant to the Consumer Electronics Recycling Act, and from |
amounts transferred into the Fund pursuant to Public Act |
100-433.
Moneys received by the Department of Commerce and |
Economic Opportunity
in repayment of loans made pursuant to |
the Illinois Solid Waste Management
Act shall be deposited |
into the General Revenue Fund.
|
(b) The Agency shall assess and collect a
fee in the amount |
set forth herein from the owner or operator of each sanitary
|
landfill permitted or required to be permitted by the Agency |
to dispose of
solid waste if the sanitary landfill is located |
off the site where such waste
was produced and if such sanitary |
landfill is owned, controlled, and operated
by a person other |
than the generator of such waste. The Agency shall deposit
all |
fees collected into the Solid Waste Management Fund. If a site |
is
contiguous to one or more landfills owned or operated by the |
|
same person, the
volumes permanently disposed of by each |
landfill shall be combined for purposes
of determining the fee |
under this subsection. Beginning on July 1, 2018, and on the |
first day of each month thereafter during fiscal years 2019 |
through 2022 2021 , the State Comptroller shall direct and |
State Treasurer shall transfer an amount equal to 1/12 of |
$5,000,000 per fiscal year from the Solid Waste Management |
Fund to the General Revenue Fund.
|
(1) If more than 150,000 cubic yards of non-hazardous |
solid waste is
permanently disposed of at a site in a |
calendar year, the owner or operator
shall either pay a |
fee of 95 cents per cubic yard or,
alternatively, the |
owner or operator may weigh the quantity of the solid |
waste
permanently disposed of with a device for which |
certification has been obtained
under the Weights and |
Measures Act and pay a fee of $2.00 per
ton of solid waste |
permanently disposed of. In no case shall the fee |
collected
or paid by the owner or operator under this |
paragraph exceed $1.55 per cubic yard or $3.27 per ton.
|
(2) If more than 100,000 cubic yards but not more than |
150,000 cubic
yards of non-hazardous waste is permanently |
disposed of at a site in a calendar
year, the owner or |
operator shall pay a fee of $52,630.
|
(3) If more than 50,000 cubic yards but not more than |
100,000 cubic
yards of non-hazardous solid waste is |
permanently disposed of at a site
in a calendar year, the |
|
owner or operator shall pay a fee of $23,790.
|
(4) If more than 10,000 cubic yards but not more than |
50,000 cubic
yards of non-hazardous solid waste is |
permanently disposed of at a site
in a calendar year, the |
owner or operator shall pay a fee of $7,260.
|
(5) If not more than 10,000 cubic yards of |
non-hazardous solid waste is
permanently disposed of at a |
site in a calendar year, the owner or operator
shall pay a |
fee of $1050.
|
(c) (Blank).
|
(d) The Agency shall establish rules relating to the |
collection of the
fees authorized by this Section. Such rules |
shall include, but not be
limited to:
|
(1) necessary records identifying the quantities of |
solid waste received
or disposed;
|
(2) the form and submission of reports to accompany |
the payment of fees
to the Agency;
|
(3) the time and manner of payment of fees to the |
Agency, which payments
shall not be more often than |
quarterly; and
|
(4) procedures setting forth criteria establishing |
when an owner or
operator may measure by weight or volume |
during any given quarter or other
fee payment period.
|
(e) Pursuant to appropriation, all monies in the Solid |
Waste Management
Fund shall be used by the Agency and the |
Department of Commerce and Economic Opportunity for the |
|
purposes set forth in this Section and in the Illinois
Solid |
Waste Management Act, including for the costs of fee |
collection and
administration, and for the administration of |
(1) the Consumer Electronics Recycling Act and (2) until |
January 1, 2020, the Electronic Products Recycling and Reuse |
Act.
|
(f) The Agency is authorized to enter into such agreements |
and to
promulgate such rules as are necessary to carry out its |
duties under this
Section and the Illinois Solid Waste |
Management Act.
|
(g) On the first day of January, April, July, and October |
of each year,
beginning on July 1, 1996, the State Comptroller |
and Treasurer shall
transfer $500,000 from the Solid Waste |
Management Fund to the Hazardous Waste
Fund. Moneys |
transferred under this subsection (g) shall be used only for |
the
purposes set forth in item (1) of subsection (d) of Section |
22.2.
|
(h) The Agency is authorized to provide financial |
assistance to units of
local government for the performance of |
inspecting, investigating and
enforcement activities pursuant |
to Section 4(r) at nonhazardous solid
waste disposal sites.
|
(i) The Agency is authorized to conduct household waste |
collection and
disposal programs.
|
(j) A unit of local government, as defined in the Local |
Solid Waste Disposal
Act, in which a solid waste disposal |
facility is located may establish a fee,
tax, or surcharge |
|
with regard to the permanent disposal of solid waste.
All |
fees, taxes, and surcharges collected under this subsection |
shall be
utilized for solid waste management purposes, |
including long-term monitoring
and maintenance of landfills, |
planning, implementation, inspection, enforcement
and other |
activities consistent with the Solid Waste Management Act and |
the
Local Solid Waste Disposal Act, or for any other |
environment-related purpose,
including but not limited to an |
environment-related public works project, but
not for the |
construction of a new pollution control facility other than a
|
household hazardous waste facility. However, the total fee, |
tax or surcharge
imposed by all units of local government |
under this subsection (j) upon the
solid waste disposal |
facility shall not exceed:
|
(1) 60¢ per cubic yard if more than 150,000 cubic |
yards of non-hazardous
solid waste is permanently disposed |
of at the site in a calendar year, unless
the owner or |
operator weighs the quantity of the solid waste received |
with a
device for which certification has been obtained |
under the Weights and Measures
Act, in which case the fee |
shall not exceed $1.27 per ton of solid waste
permanently |
disposed of.
|
(2) $33,350 if more than 100,000
cubic yards, but not |
more than 150,000 cubic yards, of non-hazardous waste
is |
permanently disposed of at the site in a calendar year.
|
(3) $15,500 if more than 50,000 cubic
yards, but not |
|
more than 100,000 cubic yards, of non-hazardous solid |
waste is
permanently disposed of at the site in a calendar |
year.
|
(4) $4,650 if more than 10,000 cubic
yards, but not |
more than 50,000 cubic yards, of non-hazardous solid waste
|
is permanently disposed of at the site in a calendar year.
|
(5) $650 if not more than 10,000 cubic
yards of |
non-hazardous solid waste is permanently disposed of at |
the site in
a calendar year.
|
The corporate authorities of the unit of local government
|
may use proceeds from the fee, tax, or surcharge to reimburse a |
highway
commissioner whose road district lies wholly or |
partially within the
corporate limits of the unit of local |
government for expenses incurred in
the removal of |
nonhazardous, nonfluid municipal waste that has been dumped
on |
public property in violation of a State law or local |
ordinance.
|
A county or Municipal Joint Action Agency that imposes a |
fee, tax, or
surcharge under this subsection may use the |
proceeds thereof to reimburse a
municipality that lies wholly |
or partially within its boundaries for expenses
incurred in |
the removal of nonhazardous, nonfluid municipal waste that has |
been
dumped on public property in violation of a State law or |
local ordinance.
|
If the fees are to be used to conduct a local sanitary |
landfill
inspection or enforcement program, the unit of local |
|
government must enter
into a written delegation agreement with |
the Agency pursuant to subsection
(r) of Section 4. The unit of |
local government and the Agency shall enter
into such a |
written delegation agreement within 60 days after the
|
establishment of such fees. At least annually,
the Agency |
shall conduct an audit of the expenditures made by units of |
local
government from the funds granted by the Agency to the |
units of local
government for purposes of local sanitary |
landfill inspection and enforcement
programs, to ensure that |
the funds have been expended for the prescribed
purposes under |
the grant.
|
The fees, taxes or surcharges collected under this |
subsection (j) shall
be placed by the unit of local government |
in a separate fund, and the
interest received on the moneys in |
the fund shall be credited to the fund. The
monies in the fund |
may be accumulated over a period of years to be
expended in |
accordance with this subsection.
|
A unit of local government, as defined in the Local Solid |
Waste Disposal
Act, shall prepare and distribute to the |
Agency, in April of each year, a
report that details spending |
plans for monies collected in accordance with
this subsection. |
The report will at a minimum include the following:
|
(1) The total monies collected pursuant to this |
subsection.
|
(2) The most current balance of monies collected |
pursuant to this
subsection.
|
|
(3) An itemized accounting of all monies expended for |
the previous year
pursuant to this subsection.
|
(4) An estimation of monies to be collected for the |
following 3
years pursuant to this subsection.
|
(5) A narrative detailing the general direction and |
scope of future
expenditures for one, 2 and 3 years.
|
The exemptions granted under Sections 22.16 and 22.16a, |
and under
subsection (k) of this Section, shall be applicable |
to any fee,
tax or surcharge imposed under this subsection |
(j); except that the fee,
tax or surcharge authorized to be |
imposed under this subsection (j) may be
made applicable by a |
unit of local government to the permanent disposal of
solid |
waste after December 31, 1986, under any contract lawfully |
executed
before June 1, 1986 under which more than 150,000 |
cubic yards (or 50,000 tons)
of solid waste is to be |
permanently disposed of, even though the waste is
exempt from |
the fee imposed by the State under subsection (b) of this |
Section
pursuant to an exemption granted under Section 22.16.
|
(k) In accordance with the findings and purposes of the |
Illinois Solid
Waste Management Act, beginning January 1, 1989 |
the fee under subsection
(b) and the fee, tax or surcharge |
under subsection (j) shall not apply to:
|
(1) waste which is hazardous waste;
|
(2) waste which is pollution control waste;
|
(3) waste from recycling, reclamation or reuse |
processes which have been
approved by the Agency as being |
|
designed to remove any contaminant from
wastes so as to |
render such wastes reusable, provided that the process
|
renders at least 50% of the waste reusable;
|
(4) non-hazardous solid waste that is received at a |
sanitary landfill
and composted or recycled through a |
process permitted by the Agency; or
|
(5) any landfill which is permitted by the Agency to |
receive only
demolition or construction debris or |
landscape waste.
|
(Source: P.A. 100-103, eff. 8-11-17; 100-433, eff. 8-25-17; |
100-587, eff. 6-4-18; 100-621, eff. 7-20-18; 100-863, eff. |
8-14-18; 101-10, eff. 6-5-19; 101-636, eff. 6-10-20.)
|
(415 ILCS 5/22.59) |
Sec. 22.59. CCR surface impoundments. |
(a) The General Assembly finds that: |
(1) the State of Illinois has a long-standing policy |
to restore, protect, and enhance the environment, |
including the purity of the air, land, and waters, |
including groundwaters, of this State; |
(2) a clean environment is essential to the growth and |
well-being of this State; |
(3) CCR generated by the electric generating industry |
has caused groundwater contamination and other forms of |
pollution at active and inactive plants throughout this |
State; |
|
(4) environmental laws should be supplemented to |
ensure consistent, responsible regulation of all existing |
CCR surface impoundments; and |
(5) meaningful participation of State residents, |
especially vulnerable populations who may be affected by |
regulatory actions, is critical to ensure that |
environmental justice considerations are incorporated in |
the development of, decision-making related to, and |
implementation of environmental laws and rulemaking that |
protects and improves the well-being of communities in |
this State that bear disproportionate burdens imposed by |
environmental pollution. |
Therefore, the purpose of this Section is to promote a |
healthful environment, including clean water, air, and land, |
meaningful public involvement, and the responsible disposal |
and storage of coal combustion residuals, so as to protect |
public health and to prevent pollution of the environment of |
this State. |
The provisions of this Section shall be liberally |
construed to carry out the purposes of this Section. |
(b) No person shall: |
(1) cause or allow the discharge of any contaminants |
from a CCR surface impoundment into the environment so as |
to cause, directly or indirectly, a violation of this |
Section or any regulations or standards adopted by the |
Board under this Section, either alone or in combination |
|
with contaminants from other sources; |
(2) construct, install, modify, operate, or close any |
CCR surface impoundment without a permit granted by the |
Agency, or so as to violate any conditions imposed by such |
permit, any provision of this Section or any regulations |
or standards adopted by the Board under this Section; or |
(3) cause or allow, directly or indirectly, the |
discharge, deposit, injection, dumping, spilling, leaking, |
or placing of any CCR upon the land in a place and manner |
so as to cause or tend to cause a violation this Section or |
any regulations or standards adopted by the Board under |
this Section. |
(c) For purposes of this Section, a permit issued by the |
Administrator of the United States Environmental Protection |
Agency under Section 4005 of the federal Resource Conservation |
and Recovery Act, shall be deemed to be a permit under this |
Section and subsection (y) of Section 39. |
(d) Before commencing closure of a CCR surface |
impoundment, in accordance with Board rules, the owner of a |
CCR surface impoundment must submit to the Agency for approval |
a closure alternatives analysis that analyzes all closure |
methods being considered and that otherwise satisfies all |
closure requirements adopted by the Board under this Act. |
Complete removal of CCR, as specified by the Board's rules, |
from the CCR surface impoundment must be considered and |
analyzed. Section 3.405 does not apply to the Board's rules |
|
specifying complete removal of CCR. The selected closure |
method must ensure compliance with regulations adopted by the |
Board pursuant to this Section. |
(e) Owners or operators of CCR surface impoundments who |
have submitted a closure plan to the Agency before May 1, 2019, |
and who have completed closure prior to 24 months after July |
30, 2019 ( the effective date of Public Act 101-171) this |
amendatory Act of the 101st General Assembly shall not be |
required to obtain a construction permit for the surface |
impoundment closure under this Section. |
(f) Except for the State, its agencies and institutions, a |
unit of local government, or not-for-profit electric |
cooperative as defined in Section 3.4 of the Electric Supplier |
Act, any person who owns or operates a CCR surface impoundment |
in this State shall post with the Agency a performance bond or |
other security for the purpose of: (i) ensuring closure of the |
CCR surface impoundment and post-closure care in accordance |
with this Act and its rules; and (ii) insuring remediation of |
releases from the CCR surface impoundment. The only acceptable |
forms of financial assurance are: a trust fund, a surety bond |
guaranteeing payment, a surety bond guaranteeing performance, |
or an irrevocable letter of credit. |
(1) The cost estimate for the post-closure care of a |
CCR surface impoundment shall be calculated using a |
30-year post-closure care period or such longer period as |
may be approved by the Agency under Board or federal |
|
rules. |
(2) The Agency is authorized to enter into such |
contracts and agreements as it may deem necessary to carry |
out the purposes of this Section. Neither the State, nor |
the Director, nor any State employee shall be liable for |
any damages or injuries arising out of or resulting from |
any action taken under this Section. |
(3) The Agency shall have the authority to approve or |
disapprove any performance bond or other security posted |
under this subsection. Any person whose performance bond |
or other security is disapproved by the Agency may contest |
the disapproval as a permit denial appeal pursuant to |
Section 40. |
(g) The Board shall adopt rules establishing construction |
permit requirements, operating permit requirements, design |
standards, reporting, financial assurance, and closure and |
post-closure care requirements for CCR surface impoundments. |
Not later than 8 months after July 30, 2019 ( the effective date |
of Public Act 101-171) this amendatory Act of the 101st |
General Assembly the Agency shall propose, and not later than |
one year after receipt of the Agency's proposal the Board |
shall adopt, rules under this Section. The rules must, at a |
minimum: |
(1) be at least as protective and comprehensive as the |
federal regulations or amendments thereto promulgated by |
the Administrator of the United States Environmental |
|
Protection Agency in Subpart D of 40 CFR 257 governing CCR |
surface impoundments; |
(2) specify the minimum contents of CCR surface |
impoundment construction and operating permit |
applications, including the closure alternatives analysis |
required under subsection (d); |
(3) specify which types of permits include |
requirements for closure, post-closure, remediation and |
all other requirements applicable to CCR surface |
impoundments; |
(4) specify when permit applications for existing CCR |
surface impoundments must be submitted, taking into |
consideration whether the CCR surface impoundment must |
close under the RCRA; |
(5) specify standards for review and approval by the |
Agency of CCR surface impoundment permit applications; |
(6) specify meaningful public participation procedures |
for the issuance of CCR surface impoundment construction |
and operating permits, including, but not limited to, |
public notice of the submission of permit applications, an |
opportunity for the submission of public comments, an |
opportunity for a public hearing prior to permit issuance, |
and a summary and response of the comments prepared by the |
Agency; |
(7) prescribe the type and amount of the performance |
bonds or other securities required under subsection (f), |
|
and the conditions under which the State is entitled to |
collect moneys from such performance bonds or other |
securities; |
(8) specify a procedure to identify areas of |
environmental justice concern in relation to CCR surface |
impoundments; |
(9) specify a method to prioritize CCR surface |
impoundments required to close under RCRA if not otherwise |
specified by the United States Environmental Protection |
Agency, so that the CCR surface impoundments with the |
highest risk to public health and the environment, and |
areas of environmental justice concern are given first |
priority; |
(10) define when complete removal of CCR is achieved |
and specify the standards for responsible removal of CCR |
from CCR surface impoundments, including, but not limited |
to, dust controls and the protection of adjacent surface |
water and groundwater; and |
(11) describe the process and standards for |
identifying a specific alternative source of groundwater |
pollution when the owner or operator of the CCR surface |
impoundment believes that groundwater contamination on the |
site is not from the CCR surface impoundment. |
(h) Any owner of a CCR surface impoundment that generates |
CCR and sells or otherwise provides coal combustion byproducts |
pursuant to Section 3.135 shall, every 12 months, post on its |
|
publicly available website a report specifying the volume or |
weight of CCR, in cubic yards or tons, that it sold or provided |
during the past 12 months. |
(i) The owner of a CCR surface impoundment shall post all |
closure plans, permit applications, and supporting |
documentation, as well as any Agency approval of the plans or |
applications on its publicly available website. |
(j) The owner or operator of a CCR surface impoundment |
shall pay the following fees: |
(1) An initial fee to the Agency within 6 months after |
July 30, 2019 ( the effective date of Public Act 101-171) |
this amendatory Act of the 101st General Assembly of: |
$50,000 for each closed CCR surface impoundment; |
and |
$75,000 for each CCR surface impoundment that have |
not completed closure. |
(2) Annual fees to the Agency, beginning on July 1, |
2020, of: |
$25,000 for each CCR surface impoundment that has |
not completed closure; and |
$15,000 for each CCR surface impoundment that has |
completed closure, but has not completed post-closure |
care. |
(k) All fees collected by the Agency under subsection (j) |
shall be deposited into the Environmental Protection Permit |
and Inspection Fund. |
|
(l) The Coal Combustion Residual Surface Impoundment |
Financial Assurance Fund is created as a special fund in the |
State treasury. Any moneys forfeited to the State of Illinois |
from any performance bond or other security required under |
this Section shall be placed in the Coal Combustion Residual |
Surface Impoundment Financial Assurance Fund and shall, upon |
approval by the Governor and the Director, be used by the |
Agency for the purposes for which such performance bond or |
other security was issued. The Coal Combustion Residual |
Surface Impoundment Financial Assurance Fund is not subject to |
the provisions of subsection (c) of Section 5 of the State |
Finance Act. |
(m) The provisions of this Section shall apply, without |
limitation, to all existing CCR surface impoundments and any |
CCR surface impoundments constructed after July 30, 2019 ( the |
effective date of Public Act 101-171) this amendatory Act of |
the 101st General Assembly , except to the extent prohibited by |
the Illinois or United States Constitutions.
|
(Source: P.A. 101-171, eff. 7-30-19; revised 10-22-19.) |
(415 ILCS 5/57.11) |
Sec. 57.11. Underground Storage Tank Fund; creation. |
(a) There is hereby created in the State Treasury a |
special fund
to be known as the Underground Storage Tank Fund. |
There shall be deposited
into the Underground Storage Tank |
Fund all moneys received by the Office of the
State Fire |
|
Marshal as fees for underground storage tanks under Sections 4 |
and 5
of the Gasoline Storage Act, fees pursuant to the Motor |
Fuel Tax Law, and beginning July 1, 2013, payments pursuant to |
the Use Tax Act, the Service Use Tax Act, the Service |
Occupation Tax Act, and the Retailers' Occupation Tax Act.
All |
amounts held in the Underground Storage Tank Fund shall be |
invested at
interest by the State Treasurer. All income earned |
from the investments shall
be deposited into the Underground |
Storage Tank Fund no less frequently than
quarterly. In |
addition to any other transfers that may be provided for by |
law, beginning on July 1, 2018 and on the first day of each |
month thereafter during fiscal years 2019 through 2022 2021 |
only, the State Comptroller shall direct and the State |
Treasurer shall transfer an amount equal to 1/12 of |
$10,000,000 from the Underground Storage Tank Fund to the |
General Revenue Fund. Moneys in the Underground Storage Tank |
Fund, pursuant to
appropriation, may be used by the Agency and |
the Office of the State Fire
Marshal for the following |
purposes: |
(1) To take action authorized under Section 57.12 to |
recover costs under
Section 57.12. |
(2) To assist in the reduction and mitigation of |
damage caused by leaks
from underground storage tanks, |
including but not limited to, providing
alternative water |
supplies to persons whose drinking water has become
|
contaminated as a result of those leaks. |
|
(3) To be used as a matching amount towards federal |
assistance relative to
the release of petroleum from |
underground storage tanks. |
(4) For the costs of administering activities of the |
Agency and the Office
of the State Fire Marshal relative |
to the Underground Storage Tank Fund. |
(5) For payment of costs of corrective action incurred |
by and
indemnification to operators of underground storage |
tanks as provided in this
Title. |
(6) For a total of 2 demonstration projects in amounts |
in excess of a
$10,000 deductible charge designed to |
assess the viability of corrective action
projects at |
sites which have experienced contamination from petroleum |
releases.
Such demonstration projects shall be conducted |
in accordance with the provision
of this Title. |
(7) Subject to appropriation, moneys in the |
Underground Storage Tank Fund
may also be used by the |
Department of Revenue for the costs of administering
its |
activities relative to the Fund and for refunds provided |
for in Section
13a.8 of the Motor Fuel Tax Act. |
(b) Moneys in the Underground Storage Tank Fund may, |
pursuant to
appropriation, be used by the Office of the State |
Fire Marshal or the Agency to
take whatever emergency action |
is necessary or appropriate to assure that the
public health |
or safety is not threatened whenever there is a release or
|
substantial threat of a release of petroleum from an |
|
underground storage tank
and for the costs of administering |
its activities relative to the Underground
Storage Tank Fund. |
(c) Beginning July 1, 1993, the Governor shall certify to |
the State
Comptroller and State Treasurer the monthly amount |
necessary to pay debt
service on State obligations issued |
pursuant to Section 6 of the General
Obligation Bond Act. On |
the last day of each month, the Comptroller shall order
|
transferred and the Treasurer shall transfer from the |
Underground Storage Tank
Fund to the General Obligation Bond |
Retirement and Interest Fund the amount
certified by the |
Governor, plus any cumulative deficiency in those transfers
|
for prior months. |
(d) Except as provided in subsection (c) of this Section, |
the Underground Storage Tank Fund is not subject to |
administrative charges authorized under Section 8h of the |
State Finance Act that would in any way transfer any funds from |
the Underground Storage Tank Fund into any other fund of the |
State. |
(e) Each fiscal year, subject to appropriation, the Agency |
may commit up to $10,000,000 of the moneys in the Underground |
Storage Tank Fund to the payment of corrective action costs |
for legacy sites that meet one or more of the following |
criteria as a result of the underground storage tank release: |
(i) the presence of free product, (ii) contamination within a |
regulated recharge area, a wellhead protection area, or the |
setback zone of a potable water supply well, (iii) |
|
contamination extending beyond the boundaries of the site |
where the release occurred, or (iv) such other criteria as may |
be adopted in Agency rules. |
(1) Fund moneys committed under this subsection (e) |
shall be held in the Fund for payment of the corrective |
action costs for which the moneys were committed. |
(2) The Agency may adopt rules governing the |
commitment of Fund moneys under this subsection (e). |
(3) This subsection (e) does not limit the use of Fund |
moneys at legacy sites as otherwise provided under this |
Title. |
(4) For the purposes of this subsection (e), the term |
"legacy site" means a site for which (i) an underground |
storage tank release was reported prior to January 1, |
2005, (ii) the owner or operator has been determined |
eligible to receive payment from the Fund for corrective |
action costs, and (iii) the Agency did not receive any |
applications for payment prior to January 1, 2010. |
(f) Beginning July 1, 2013, if the amounts deposited into |
the Fund from moneys received by the Office of the State Fire |
Marshal as fees for underground storage tanks under Sections 4 |
and 5 of the Gasoline Storage Act and as fees pursuant to the |
Motor Fuel Tax Law during a State fiscal year are sufficient to |
pay all claims for payment by the fund received during that |
State fiscal year, then the amount of any payments into the |
fund pursuant to the Use Tax Act, the Service Use Tax Act, the |
|
Service Occupation Tax Act, and the Retailers' Occupation Tax |
Act during that State fiscal year shall be deposited as |
follows: 75% thereof shall be paid into the State treasury and |
25% shall be reserved in a special account and used only for |
the transfer to the Common School Fund as part of the monthly |
transfer from the General Revenue Fund in accordance with |
Section 8a of the State Finance Act. |
(Source: P.A. 100-587, eff. 6-4-18; 101-10, eff. 6-5-19; |
101-636, eff. 6-10-20.) |
Section 3-135. The Unified Code of Corrections is amended |
by changing Sections 3-12-3a, 3-12-6, and 5-9-1.9 as follows:
|
(730 ILCS 5/3-12-3a) (from Ch. 38, par. 1003-12-3a)
|
Sec. 3-12-3a. Contracts, leases, and business agreements. |
(a) The
Department shall promulgate such rules and |
policies as it deems necessary to establish, manage, and |
operate its Illinois Correctional Industries division
for the |
purpose of utilizing committed persons in the
manufacture of |
food stuffs, finished goods or wares. To the extent not |
inconsistent with the function and role of the ICI, the |
Department may enter into a contract, lease, or other type of |
business agreement, not to exceed 20 years, with any private |
corporation, partnership, person, or other business entity for |
the purpose of utilizing committed persons in the provision of |
services or for any other business or commercial enterprise |
|
deemed by the Department to be consistent with proper training |
and rehabilitation of committed persons.
|
In fiscal year 2021 and 2022, the Department shall oversee |
the Except as otherwise provided in this paragraph, Illinois |
Correctional Industries' spending authority shall be separate |
and apart from the Department's budget and appropriations. |
Control of Illinois Correctional Industries accounting |
processes and budget requests to the General Assembly, other |
budgetary processes, audits by the Office of the Auditor |
General, and computer processes shall be returned to Illinois |
Correctional Industries . For fiscal year 2021 and 2022, the |
only, its spending authority of Illinois Correctional |
Industries shall no longer be separate and apart from the |
Department's budget and appropriations, and the Department |
shall control its accounting processes, budgets, audits and |
computer processes in accordance with any Department rules and |
policies. |
(b) The Department shall be permitted to construct |
buildings on State
property for the purposes identified in |
subsection (a) and to lease for a
period not to exceed 20 years |
any building or portion thereof on State
property for the |
purposes identified in subsection (a).
|
(c) Any contract or other business agreement referenced in
|
subsection (a) shall include a provision requiring that all |
committed
persons assigned receive in connection with their |
assignment such
vocational training and/or apprenticeship |
|
programs as the Department deems appropriate.
|
(d) Committed persons assigned in accordance with this |
Section shall be
compensated in accordance with the provisions |
of Section 3-12-5.
|
(Source: P.A. 101-636, eff. 6-10-20.)
|
(730 ILCS 5/3-12-6) (from Ch. 38, par. 1003-12-6)
|
Sec. 3-12-6. Programs. Through its Illinois Correctional |
Industries division, the Department shall establish |
commercial, business, and manufacturing programs for the sale |
of finished goods and processed food and beverages to the |
State, its political units, agencies, and other public |
institutions. Illinois Correctional Industries shall |
establish, operate, and maintain manufacturing and food and |
beverage production in the Department facilities and provide |
food for the Department institutions and for the mental health |
and developmental disabilities institutions of the Department |
of Human Services and the institutions of the Department of |
Veterans' Affairs. |
Illinois Correctional Industries shall be administered by |
a chief executive officer. The chief executive officer shall |
report to the Director of the Department or the Director's |
designee. The chief executive officer shall administer the |
commercial and business programs of ICI for inmate workers in |
the custody of the Department of Corrections. |
The chief executive officer shall have such assistants as |
|
are required for sales staff, manufacturing, budget, fiscal, |
accounting, computer, human services, and personnel as |
necessary to run its commercial and business programs. |
Illinois Correctional Industries shall have a financial |
officer who shall report to the chief executive officer. The |
financial officer shall: (i) assist in the development and |
presentation of the Department budget submission; (ii) manage |
and control the spending authority of ICI; and (iii) provide |
oversight of the financial activities of ICI, both internally |
and through coordination with the Department fiscal operations |
personnel, including accounting processes, budget submissions, |
other budgetary processes, audits by the Office of the Auditor |
General, and computer processes. For fiscal year 2021 and 2022 |
only , the financial officer shall coordinate and cooperate |
with the Department's chief financial officer to perform the |
functions listed in this paragraph. |
Illinois Correctional Industries shall be located in |
Springfield. The chief executive officer of Illinois |
Correctional Industries
shall assign personnel to
direct the |
production of goods and shall employ committed persons
|
assigned by the chief administrative officer. The Department |
of Corrections may
direct such other vocational programs as it |
deems necessary for the rehabilitation of inmates, which shall |
be separate and apart from, and not in conflict with, programs |
of Illinois Correctional Industries.
|
(Source: P.A. 101-636, eff. 6-10-20.)
|
|
(730 ILCS 5/5-9-1.9)
|
Sec. 5-9-1.9. DUI analysis fee.
|
(a) "Crime laboratory" means a not-for-profit laboratory |
substantially
funded by a single unit or combination of units |
of local government or the
State of
Illinois that regularly |
employs at least one person engaged in the DUI
analysis of |
blood, other bodily substance, and urine for criminal justice |
agencies in criminal matters
and provides testimony with |
respect to such examinations.
|
"DUI analysis" means an analysis of blood, other bodily |
substance, or urine for purposes of
determining whether a |
violation of Section 11-501 of the Illinois Vehicle Code
has |
occurred.
|
(b) (Blank).
|
(c) In addition to any other disposition made under the |
provisions of
the Juvenile Court Act of 1987, any minor |
adjudicated delinquent for an offense
which if committed by an |
adult would constitute a violation of Section 11-501
of the |
Illinois Vehicle Code shall pay a crime laboratory DUI |
analysis assessment
of $150 for each adjudication. Upon |
verified petition of the minor, the
court may suspend payment |
of all or part of the assessment if it finds
that the minor |
does not have the ability to pay the assessment. The parent, |
guardian,
or legal custodian of the minor may pay some or all |
of the assessment on the minor's
behalf.
|
|
(d) All crime laboratory DUI analysis assessments provided |
for by this Section
shall
be collected by the clerk of the |
court and forwarded to the appropriate crime
laboratory DUI |
fund as provided in subsection (f).
|
(e) Crime laboratory funds shall be established as |
follows:
|
(1) A unit of local government that maintains a crime |
laboratory may
establish a crime laboratory DUI fund |
within the office of the county or
municipal treasurer.
|
(2) Any combination of units of local government that |
maintains a crime
laboratory may establish a crime |
laboratory DUI fund within the office of the
treasurer of |
the county where the crime laboratory is situated.
|
(3) (Blank). The State Police DUI Fund is created as a
|
special fund in
the State Treasury.
|
(f) The analysis assessment provided for in subsection (c) |
of this Section
shall be forwarded to the office of the |
treasurer of the unit of local
government that performed the |
analysis if that unit of local government has
established a |
crime laboratory DUI fund, or to the State Treasurer for |
deposit
into the State Crime Laboratory Fund if the analysis |
was
performed by a
laboratory operated by the Department of |
State Police. If the analysis was
performed by a crime |
laboratory funded by a combination of units of local
|
government, the analysis assessment shall be forwarded to the |
treasurer of the county
where the crime laboratory is situated |
|
if a crime laboratory DUI fund has been
established in that |
county. If the unit of local government or combination of
|
units of local government has not established a crime |
laboratory DUI fund, then
the analysis assessment shall be |
forwarded to the State Treasurer for deposit into
the State |
Crime Laboratory Fund.
|
(g) Moneys deposited into a crime laboratory DUI fund |
created under
paragraphs (1) and (2) of subsection (e) of this |
Section shall be in addition
to any allocations made pursuant |
to existing law and shall be designated for
the exclusive use |
of the crime laboratory. These uses may include, but are not
|
limited to, the following:
|
(1) Costs incurred in providing analysis for DUI |
investigations conducted
within this State.
|
(2) Purchase and maintenance of equipment for use in |
performing analyses.
|
(3) Continuing education, training, and professional |
development of
forensic scientists regularly employed by |
these laboratories.
|
(h) Moneys deposited in the State Crime Laboratory Fund
|
shall be used by
State crime laboratories as designated by the |
Director of State Police. These
funds shall be in addition to |
any allocations made according to existing law
and shall be |
designated for the exclusive use of State crime laboratories.
|
These uses may include those enumerated in subsection (g) of |
this Section. |
|
(i) Notwithstanding any other provision of law to the |
contrary and in addition to any other transfers that may be |
provided by law, on the effective date of this amendatory Act |
of the 102nd General Assembly, or as soon thereafter as |
practical, the State Comptroller shall direct and the State |
Treasurer shall transfer the remaining balance from the State |
Police DUI Fund into the State Police Operations Assistance |
Fund. Upon completion of the transfer, the State Police DUI |
Fund is dissolved, and any future deposits due to that Fund and |
any outstanding obligations or liabilities of that Fund shall |
pass to the State Police Operations Assistance Fund.
|
(Source: P.A. 99-697, eff. 7-29-16; 100-987, eff. 7-1-19; |
100-1161, eff. 7-1-19 .)
|
Section 3-140. The Revised Uniform Unclaimed Property Act |
is amended by changing Section 15-801 as follows: |
(765 ILCS 1026/15-801)
|
Sec. 15-801. Deposit of funds by administrator. |
(a) Except as otherwise provided in this Section, the |
administrator shall deposit in the Unclaimed Property Trust |
Fund all funds received under this Act, including proceeds |
from the sale of property under Article 7. The administrator |
may deposit any amount in the Unclaimed Property Trust Fund |
into the State Pensions Fund during the fiscal year at his or |
her discretion; however, he or she shall, on April 15 and |
|
October 15 of each year, deposit any amount in the Unclaimed |
Property Trust Fund exceeding $2,500,000 into the State |
Pensions Fund. If on either April 15 or October 15, the |
administrator determines that a balance of $2,500,000 is |
insufficient for the prompt payment of unclaimed property |
claims authorized under this Act, the administrator may retain |
more than $2,500,000 in the Unclaimed Property Trust Fund in |
order to ensure the prompt payment of claims. Beginning in |
State fiscal year 2023 2022 , all amounts that are deposited |
into the State Pensions Fund from the Unclaimed Property Trust |
Fund shall be apportioned to the designated retirement systems |
as provided in subsection (c-6) of Section 8.12 of the State |
Finance Act to reduce their actuarial reserve deficiencies. |
(b) The administrator shall make prompt payment of claims |
he or she duly allows as provided for in this Act from the |
Unclaimed Property Trust Fund. This shall constitute an |
irrevocable and continuing appropriation of all amounts in the |
Unclaimed Property Trust Fund necessary to make prompt payment |
of claims duly allowed by the administrator pursuant to this |
Act.
|
(Source: P.A. 100-22, eff. 1-1-18; 100-587, eff. 6-4-18; |
101-10, eff. 6-5-19; 101-636, eff. 6-10-20.) |
ARTICLE 4. AUDIT EXPENSE FUND |
Section 4-5. The State Finance Act is amended by changing |
|
Section 6z-27 as follows: |
(30 ILCS 105/6z-27)
|
Sec. 6z-27. All moneys in the Audit Expense Fund shall be
|
transferred, appropriated and used only for the purposes |
authorized by, and
subject to the limitations and conditions |
prescribed by, the State Auditing
Act. |
Within 30 days after the effective date of this amendatory |
Act of the 102nd 101st General Assembly,
the State Comptroller |
shall order transferred and the State Treasurer shall transfer |
from the
following funds moneys in the specified amounts for |
deposit into the Audit Expense Fund:
|
Agricultural Premium Fund .............................145,477
|
Amusement Ride and Patron Safety Fund ..................10,067 |
Assisted Living and Shared Housing Regulatory Fund ......2,696 |
Capital Development Board Revolving Fund ................1,807 |
Care Provider Fund for Persons with a Developmental |
Disability .........................................15,438 |
CDLIS/AAMVAnet/NMVTIS Trust Fund ........................5,148
|
Chicago State University Education Improvement Fund .....4,748 |
Child Labor and Day and Temporary Labor Services |
Enforcement Fund ...................................18,662 |
Child Support Administrative Fund .......................5,832 |
Clean Air Act Permit Fund ...............................1,410 |
Common School Fund ....................................259,307 |
Community Mental Health Medicaid Trust Fund ............23,472 |
|
Death Certificate Surcharge Fund ........................4,161 |
Death Penalty Abolition Fund ............................4,095 |
Department of Business Services Special Operations Fund .12,790 |
Department of Human Services Community Services Fund ....8,744 |
Downstate Public Transportation Fund ...................12,100 |
Dram Shop Fund ........................................155,250 |
Driver Services Administration Fund .....................1,920 |
Drug Rebate Fund .......................................39,351 |
Drug Treatment Fund .......................................896 |
Education Assistance Fund ...........................1,818,170 |
Emergency Public Health Fund ............................7,450 |
Employee Classification Fund ............................1,518 |
EMS Assistance Fund .....................................1,286 |
Environmental Protection Permit and Inspection Fund .......671 |
Estate Tax Refund Fund . 2,150 |
Facilities Management Revolving Fund ...................33,930 |
Facility Licensing Fund .................................3,894 |
Fair and Exposition Fund ................................5,904 |
Federal Financing Cost Reimbursement Fund ...............1,579 |
Federal High Speed Rail Trust Fund ........................517 |
Feed Control Fund .......................................9,601 |
Fertilizer Control Fund .................................8,941
|
Fire Prevention Fund ....................................4,456
|
Fund for the Advancement of Education ..................17,988
|
General Revenue Fund ...............................17,653,153
|
General Professions Dedicated Fund ......................3,567 |
|
Governor's Administrative Fund ..........................4,052 |
Governor's Grant Fund ..................................16,687 |
Grade Crossing Protection Fund ............................629 |
Grant Accountability and Transparency Fund ................910
|
Hazardous Waste Fund ......................................849
|
Hazardous Waste Research Fund .............................528
|
Health and Human Services Medicaid Trust Fund ..........10,635 |
Health Facility Plan Review Fund ........................3,190 |
Healthcare Provider Relief Fund .......................360,142
|
Healthy Smiles Fund .......................................745 |
Home Care Services Agency Licensure Fund ................2,824 |
Hospital Licensure Fund .................................1,313 |
Hospital Provider Fund ................................128,466 |
ICJIA Violence Prevention Fund ............................742
|
Illinois Affordable Housing Trust Fund ..................7,829
|
Illinois Clean Water Fund ...............................1,915
|
IMSA Income Fund .......................................12,557 |
Illinois Health Facilities Planning Fund ................2,704
|
Illinois Power Agency Operations Fund ..................36,874 |
Illinois School Asbestos Abatement Fund .................1,556 |
Illinois State Fair Fund ...............................41,374
|
Illinois Veterans' Rehabilitation Fund ..................1,008 |
Illinois Workers' Compensation Commission Operations |
Fund ..............................................189,581
|
Income Tax Refund Fund .................................53,295 |
Lead Poisoning Screening, Prevention, and Abatement |
|
Fund ...............................................14,747 |
Live and Learn Fund ....................................23,420 |
Lobbyist Registration Administration Fund ...............1,178 |
Local Government Distributive Fund .....................36,680 |
Long Term Care Monitor/Receiver Fund ...................40,812 |
Long-Term Care Provider Fund ...........................18,266 |
Mandatory Arbitration Fund ..............................1,618 |
Medical Interagency Program Fund ..........................890 |
Mental Health Fund .....................................10,924 |
Metabolic Screening and Treatment Fund .................35,159 |
Monitoring Device Driving Permit Administration Fee Fund .2,355 |
Motor Fuel Tax Fund ....................................36,804 |
Motor Vehicle License Plate Fund .......................13,274 |
Motor Vehicle Theft Prevention and Insurance Verification |
Trust Fund ..........................................8,773 |
Multiple Sclerosis Research Fund ..........................670 |
Nuclear Safety Emergency Preparedness Fund .............17,663 |
Nursing Dedicated and Professional Fund .................2,667 |
Open Space Lands Acquisition and Development Fund .......1,463 |
Partners for Conservation Fund .........................75,235 |
Personal Property Tax Replacement Fund .................85,166 |
Pesticide Control Fund .................................44,745 |
Plumbing Licensure and Program Fund .....................5,297 |
Professional Services Fund ..............................6,549 |
Public Health Laboratory Services Revolving Fund ........9,044 |
Public Transportation Fund .............................47,744 |
|
Radiation Protection Fund ...............................6,575 |
Renewable Energy Resources Trust Fund ...................8,169 |
Road Fund .............................................284,307
|
Regional Transportation Authority Occupation and Use Tax |
Replacement Fund ....................................1,278
|
School Infrastructure Fund ..............................8,938 |
Secretary of State DUI Administration Fund ..............2,044 |
Secretary of State Identification Security and Theft |
Prevention Fund ....................................15,122 |
Secretary of State Police Services Fund ...................815 |
Secretary of State Special License Plate Fund ...........4,441 |
Secretary of State Special Services Fund ...............21,797 |
Securities Audit and Enforcement Fund ...................8,480
|
Solid Waste Management Fund .............................1,427 |
Special Education Medicaid Matching Fund ................5,854
|
State and Local Sales Tax Reform Fund ...................2,742 |
State Construction Account Fund ........................69,387
|
State Gaming Fund ......................................89,997 |
State Garage Revolving Fund ............................10,788 |
State Lottery Fund ....................................343,580 |
State Pensions Fund ...................................500,000 |
State Treasurer's Bank Services Trust Fund ................913 |
Supreme Court Special Purposes Fund .....................1,704 |
Tattoo and Body Piercing Establishment Registration Fund ..724 |
Tax Compliance and Administration Fund ..................1,847 |
Tobacco Settlement Recovery Fund .......................27,854 |
|
Tourism Promotion Fund .................................42,180 |
Trauma Center Fund ......................................5,128 |
Underground Storage Tank Fund ...........................3,473 |
University of Illinois Hospital Services Fund ...........7,505 |
Vehicle Inspection Fund .................................4,863 |
Weights and Measures Fund ..............................25,431 |
Youth Alcoholism and Substance Abuse Prevention Fund .....857. |
Aggregate Operations Regulatory Fund ......................806 |
Agricultural Premium Fund ..............................21,601 |
Anna Veterans Home Fund ...............................14,618 |
Appraisal Administration Fund ..........................4,086 |
Attorney General Court Ordered and Voluntary Compliance |
Payment Projects Fund ..............................17,446 |
Attorney General Whistleblower Reward and |
Protection Fund .....................................7,344 |
Bank and Trust Company Fund ............................87,912 |
Brownfields Redevelopment Fund ............................550 |
Capital Development Board Revolving Fund ................1,724 |
Care Provider Fund for Persons with a Developmental |
Disability ..........................................5,445 |
CDLIS/AAMVAnet/NMVTIS Trust Fund ........................1,770 |
Cemetery Oversight Licensing and Disciplinary Fund ......4,432 |
Chicago State University Education Improvement Fund .....5,211 |
Child Support Administrative Fund .......................3,088 |
Clean Air Act Permit Fund ...............................6,766 |
Coal Technology Development Assistance Fund ............11,280 |
|
Commitment to Human Services Fund .....................103,833 |
Common School Fund ....................................411,164 |
Community Mental Health Medicaid Trust Fund ............10,138 |
Community Water Supply Laboratory Fund ....................548 |
Corporate Franchise Tax Refund Fund .......................751 |
Credit Union Fund ......................................19,740 |
Cycle Rider Safety Training Fund ..........................982 |
DCFS Children's Services Fund .........................273,107 |
Department of Business Services Special |
Operations Fund .....................................4,386 |
Department of Corrections Reimbursement and |
Education Fund .....................................36,230 |
Department of Human Services Community Services Fund ....4,757 |
Design Professionals Administration and |
Investigation Fund ..................................5,198 |
Downstate Public Transportation Fund ...................42,630 |
Downstate Transit Improvement Fund ......................1,807 |
Drivers Education Fund ..................................1,351 |
Drug Rebate Fund .......................................21,955 |
Drug Treatment Fund .......................................508 |
Education Assistance Fund ...........................1,901,464 |
Environmental Protection Permit and Inspection Fund .....5,397 |
Estate Tax Refund Fund ....................................637 |
Facilities Management Revolving Fund ...................13,775 |
Fair and Exposition Fund ..................................863 |
Federal High Speed Rail Trust Fund ......................9,230 |
|
Federal Workforce Training Fund .......................208,014 |
Feed Control Fund .......................................1,319 |
Fertilizer Control Fund .................................1,247 |
Fire Prevention Fund ....................................3,876 |
Fund for the Advancement of Education ..................46,221 |
General Professions Dedicated Fund .....................26,266 |
General Revenue Fund ...............................17,653,153 |
Grade Crossing Protection Fund ..........................3,737 |
Hazardous Waste Fund ....................................3,625 |
Health and Human Services Medicaid Trust Fund ...........5,263 |
Healthcare Provider Relief Fund .......................115,415 |
Horse Racing Fund .....................................184,337 |
Hospital Provider Fund .................................62,701 |
Illinois Affordable Housing Trust Fund ..................7,103 |
Illinois Charity Bureau Fund ............................2,108 |
Illinois Clean Water Fund ...............................8,679 |
Illinois Forestry Development Fund ......................6,189 |
Illinois Gaming Law Enforcement Fund ....................1,277 |
Illinois Power Agency Operations Fund ..................43,568 |
Illinois State Dental Disciplinary Fund .................4,344 |
Illinois State Fair Fund ................................5,690 |
Illinois State Medical Disciplinary Fund ...............20,283 |
Illinois State Pharmacy Disciplinary Fund ...............9,856 |
Illinois Veterans Assistance Fund .......................2,494 |
Illinois Workers' Compensation Commission |
Operations Fund .....................................2,896 |
|
IMSA Income Fund ........................................8,012 |
Income Tax Refund Fund ................................152,206 |
Insurance Financial Regulation Fund ...................104,597 |
Insurance Premium Tax Refund Fund .......................9,901 |
Insurance Producer Administration Fund ................105,702 |
International Tourism Fund ..............................7,000 |
LaSalle Veterans Home Fund .............................31,489 |
LEADS Maintenance Fund ....................................607 |
Live and Learn Fund .....................................8,302 |
Local Government Distributive Fund ....................102,508 |
Local Tourism Fund .....................................28,421 |
Long-Term Care Provider Fund ............................7,140 |
Manteno Veterans Home Fund .............................47,417 |
Medical Interagency Program Fund ..........................669 |
Mental Health Fund ......................................7,492 |
Monitoring Device Driving Permit Administration Fee Fund ..762 |
Motor Carrier Safety Inspection Fund ....................1,114 |
Motor Fuel Tax Fund ...................................141,788 |
Motor Vehicle License Plate Fund ........................5,366 |
Nursing Dedicated and Professional Fund ................10,746 |
Open Space Lands Acquisition and Development Fund ......25,584 |
Optometric Licensing and Disciplinary Board Fund ........1,099 |
Partners for Conservation Fund .........................20,187 |
Pawnbroker Regulation Fund ..............................1,072 |
Personal Property Tax Replacement Fund .................88,655 |
Pesticide Control Fund ..................................5,617 |
|
Professional Services Fund ..............................2,795 |
Professions Indirect Cost Fund ........................180,536 |
Public Pension Regulation Fund ..........................8,434 |
Public Transportation Fund .............................97,777 |
Quincy Veterans Home Fund ..............................57,745 |
Real Estate License Administration Fund ................32,015 |
Regional Transportation Authority Occupation |
and Use Tax Replacement Fund ........................3,123 |
Registered Certified Public Accountants' Administration |
and Disciplinary Fund ...............................2,560 |
Renewable Energy Resources Trust Fund .....................797 |
Rental Housing Support Program Fund .......................949 |
Residential Finance Regulatory Fund ....................20,349 |
Road Fund .............................................557,727 |
Roadside Memorial Fund ....................................582 |
Salmon Fund ...............................................548 |
Savings Bank Regulatory Fund ............................2,100 |
School Infrastructure Fund .............................18,703 |
Secretary of State DUI Administration Fund ................867 |
Secretary of State Identification Security |
and Theft Prevention Fund ...........................4,660 |
Secretary of State Special License Plate Fund ...........1,772 |
Secretary of State Special Services Fund ................7,839 |
Securities Audit and Enforcement Fund ...................2,879 |
Small Business Environmental Assistance Fund ..............588 |
Solid Waste Management Fund .............................7,389 |
|
Special Education Medicaid Matching Fund ................3,388 |
State and Local Sales Tax Reform Fund ...................6,573 |
State Asset Forfeiture Fund .............................1,213 |
State Construction Account Fund .......................129,461 |
State Crime Laboratory Fund .............................2,462 |
State Gaming Fund .....................................188,862 |
State Garage Revolving Fund .............................4,303 |
State Lottery Fund ....................................145,905 |
State Offender DNA Identification System Fund ...........1,075 |
State Pensions Fund ...................................500,000 |
State Police DUI Fund .....................................839 |
State Police Firearm Services Fund ......................4,981 |
State Police Services Fund .............................11,660 |
State Police Vehicle Fund ...............................5,514 |
State Police Whistleblower Reward and Protection Fund ...2,822 |
State Small Business Credit Initiative Fund ............15,061 |
Subtitle D Management Fund ..............................1,067 |
Supplemental Low-Income Energy Assistance Fund .........68,016 |
Tax Compliance and Administration Fund ..................4,713 |
Technology Management Revolving Fund ..................257,409 |
Tobacco Settlement Recovery Fund ........................4,825 |
Tourism Promotion Fund .................................66,211 |
Traffic and Criminal Conviction Surcharge Fund ........226,070 |
Underground Storage Tank Fund ..........................19,110 |
University of Illinois Hospital Services Fund ...........3,813 |
Vehicle Inspection Fund .................................9,673 |
|
Violent Crime Victims Assistance Fund ..................12,233 |
Weights and Measures Fund ...............................5,245 |
Working Capital Revolving Fund .........................27,245
|
Notwithstanding any provision of the law to the contrary, |
the General
Assembly hereby authorizes the use of such funds |
for the purposes set forth
in this Section.
|
These provisions do not apply to funds classified by the |
Comptroller
as federal trust funds or State trust funds. The |
Audit Expense Fund may
receive transfers from those trust |
funds only as directed herein, except
where prohibited by the |
terms of the trust fund agreement. The Auditor
General shall |
notify the trustees of those funds of the estimated cost of
the |
audit to be incurred under the Illinois State Auditing Act for |
the
fund. The trustees of those funds shall direct the State |
Comptroller and
Treasurer to transfer the estimated amount to |
the Audit Expense Fund.
|
The Auditor General may bill entities that are not subject |
to the above
transfer provisions, including private entities, |
related organizations and
entities whose funds are |
locally-held, for the cost of audits, studies, and
|
investigations incurred on their behalf. Any revenues received |
under this
provision shall be deposited into the Audit Expense |
Fund.
|
In the event that moneys on deposit in any fund are |
unavailable, by
reason of deficiency or any other reason |
preventing their lawful
transfer, the State Comptroller shall |
|
order transferred
and the State Treasurer shall transfer the |
amount deficient or otherwise
unavailable from the General |
Revenue Fund for deposit into the Audit Expense
Fund.
|
On or before December 1, 1992, and each December 1 |
thereafter, the
Auditor General shall notify the Governor's |
Office of Management
and Budget (formerly Bureau of the |
Budget)
of the amount
estimated to be necessary to pay for |
audits, studies, and investigations in
accordance with the |
Illinois State Auditing Act during the next succeeding
fiscal |
year for each State fund for which a transfer or reimbursement |
is
anticipated.
|
Beginning with fiscal year 1994 and during each fiscal |
year thereafter,
the Auditor General may direct the State |
Comptroller and Treasurer to
transfer moneys from funds |
authorized by the General Assembly for that
fund. In the event |
funds, including federal and State trust funds but
excluding |
the General Revenue Fund, are transferred, during fiscal year |
1994
and during each fiscal year thereafter, in excess of the |
amount to pay actual
costs attributable to audits, studies, |
and investigations as permitted or
required by the Illinois |
State Auditing Act or specific action of the General
Assembly, |
the Auditor General shall, on September 30, or as soon |
thereafter as
is practicable, direct the State Comptroller and |
Treasurer to transfer the
excess amount back to the fund from |
which it was originally transferred.
|
(Source: P.A. 100-23, eff. 7-6-17; 100-587, eff. 6-4-18; |
|
101-10, eff. 6-5-19; 101-636, eff. 6-10-20.)
|
ARTICLE 5. GRADE CROSSING PROTECTION |
Section 5-5. The Motor Fuel Tax Law is amended by changing |
Section 8 as follows:
|
(35 ILCS 505/8) (from Ch. 120, par. 424)
|
Sec. 8. Except as provided in subsection (a-1) of this |
Section, Section 8a, subdivision
(h)(1) of Section 12a, |
Section 13a.6, and items
13, 14, 15, and 16 of Section 15, all |
money received by the Department under
this Act, including |
payments made to the Department by
member jurisdictions |
participating in the International Fuel Tax Agreement,
shall |
be deposited in a special fund in the State treasury, to be |
known as the
"Motor Fuel Tax Fund", and shall be used as |
follows:
|
(a) 2 1/2 cents per gallon of the tax collected on special |
fuel under
paragraph (b) of Section 2 and Section 13a of this |
Act shall be transferred
to the State Construction Account |
Fund in the State Treasury; the remainder of the tax collected |
on special fuel under
paragraph (b) of Section 2 and Section |
13a of this Act shall be deposited into the Road Fund;
|
(a-1) Beginning on July 1, 2019, an amount equal to the |
amount of tax collected under subsection (a) of Section 2 as a |
result of the increase in the tax rate under Public Act 101-32 |
|
this amendatory Act of the 101st General Assembly shall be |
transferred each month into the Transportation Renewal Fund ; . |
(b) $420,000 shall be transferred each month to the State |
Boating Act
Fund to be used by the Department of Natural |
Resources for the purposes
specified in Article X of the Boat |
Registration and Safety Act;
|
(c) $3,500,000 shall be transferred each month to the |
Grade Crossing
Protection Fund to be used as follows: not less |
than $12,000,000 each fiscal
year shall be used for the |
construction or reconstruction of rail highway grade
|
separation structures; $2,250,000 in fiscal years 2004 through |
2009 and $3,000,000 in fiscal year 2010 and each fiscal
year
|
thereafter shall be transferred to the Transportation
|
Regulatory Fund and shall be accounted for as part of the rail |
carrier
portion of such funds and shall be used to pay the cost |
of administration
of the Illinois Commerce Commission's |
railroad safety program in connection
with its duties under |
subsection (3) of Section 18c-7401 of the Illinois
Vehicle |
Code, with the remainder to be used by the Department of |
Transportation
upon order of the Illinois Commerce Commission, |
to pay that part of the
cost apportioned by such Commission to |
the State to cover the interest
of the public in the use of |
highways, roads, streets, or
pedestrian walkways in the
county |
highway system, township and district road system, or |
municipal
street system as defined in the Illinois Highway |
Code, as the same may
from time to time be amended, for |
|
separation of grades, for installation,
construction or |
reconstruction of crossing protection or reconstruction,
|
alteration, relocation including construction or improvement |
of any
existing highway necessary for access to property or |
improvement of any
grade crossing and grade crossing surface |
including the necessary highway approaches thereto of any
|
railroad across the highway or public road, or for the |
installation,
construction, reconstruction, or maintenance of |
safety treatments to deter trespassing or a pedestrian walkway |
over or
under a railroad right-of-way, as provided for in and |
in
accordance with Section 18c-7401 of the Illinois Vehicle |
Code.
The Commission may order up to $2,000,000 per year in |
Grade Crossing Protection Fund moneys for the improvement of |
grade crossing surfaces and up to $300,000 per year for the |
maintenance and renewal of 4-quadrant gate vehicle detection |
systems located at non-high speed rail grade crossings. The |
Commission shall not order more than $2,000,000 per year in |
Grade
Crossing Protection Fund moneys for pedestrian walkways.
|
In entering orders for projects for which payments from the |
Grade Crossing
Protection Fund will be made, the Commission |
shall account for expenditures
authorized by the orders on a |
cash rather than an accrual basis. For purposes
of this |
requirement an "accrual basis" assumes that the total cost of |
the
project is expended in the fiscal year in which the order |
is entered, while a
"cash basis" allocates the cost of the |
project among fiscal years as
expenditures are actually made. |
|
To meet the requirements of this subsection,
the Illinois |
Commerce Commission shall develop annual and 5-year project |
plans
of rail crossing capital improvements that will be paid |
for with moneys from
the Grade Crossing Protection Fund. The |
annual project plan shall identify
projects for the succeeding |
fiscal year and the 5-year project plan shall
identify |
projects for the 5 directly succeeding fiscal years. The |
Commission
shall submit the annual and 5-year project plans |
for this Fund to the Governor,
the President of the Senate, the |
Senate Minority Leader, the Speaker of the
House of |
Representatives, and the Minority Leader of the House of
|
Representatives on
the first Wednesday in April of each year;
|
(d) of the amount remaining after allocations provided for |
in
subsections (a), (a-1), (b) , and (c), a sufficient amount |
shall be reserved to
pay all of the following:
|
(1) the costs of the Department of Revenue in |
administering this
Act;
|
(2) the costs of the Department of Transportation in |
performing its
duties imposed by the Illinois Highway Code |
for supervising the use of motor
fuel tax funds |
apportioned to municipalities, counties and road |
districts;
|
(3) refunds provided for in Section 13, refunds for |
overpayment of decal fees paid under Section 13a.4 of this |
Act, and refunds provided for under the terms
of the |
International Fuel Tax Agreement referenced in Section |
|
14a;
|
(4) from October 1, 1985 until June 30, 1994, the |
administration of the
Vehicle Emissions Inspection Law, |
which amount shall be certified monthly by
the |
Environmental Protection Agency to the State Comptroller |
and shall promptly
be transferred by the State Comptroller |
and Treasurer from the Motor Fuel Tax
Fund to the Vehicle |
Inspection Fund, and for the period July 1, 1994 through
|
June 30, 2000, one-twelfth of $25,000,000 each month, for |
the period July 1, 2000 through June 30, 2003,
one-twelfth |
of
$30,000,000
each month,
and $15,000,000 on July 1, |
2003, and $15,000,000 on January 1, 2004, and $15,000,000
|
on
each
July
1 and October 1, or as soon thereafter as may |
be practical, during the period July 1, 2004 through June |
30, 2012,
and $30,000,000 on June 1, 2013, or as soon |
thereafter as may be practical, and $15,000,000 on July 1 |
and October 1, or as soon thereafter as may be practical, |
during the period of July 1, 2013 through June 30, 2015, |
for the administration of the Vehicle Emissions Inspection |
Law of
2005, to be transferred by the State Comptroller |
and Treasurer from the Motor
Fuel Tax Fund into the |
Vehicle Inspection Fund;
|
(4.5) beginning on July 1, 2019, the costs of the |
Environmental Protection Agency for the administration of |
the Vehicle Emissions Inspection Law of 2005 shall be |
paid, subject to appropriation, from the Motor Fuel Tax |
|
Fund into the Vehicle Inspection Fund; beginning in 2019, |
no later than December 31 of each year, or as soon |
thereafter as practical, the State Comptroller shall |
direct and the State Treasurer shall transfer from the |
Vehicle Inspection Fund to the Motor Fuel Tax Fund any |
balance remaining in the Vehicle Inspection Fund in excess |
of $2,000,000; |
(5) amounts ordered paid by the Court of Claims; and
|
(6) payment of motor fuel use taxes due to member |
jurisdictions under
the terms of the International Fuel |
Tax Agreement. The Department shall
certify these amounts |
to the Comptroller by the 15th day of each month; the
|
Comptroller shall cause orders to be drawn for such |
amounts, and the Treasurer
shall administer those amounts |
on or before the last day of each month;
|
(e) after allocations for the purposes set forth in |
subsections
(a), (a-1), (b), (c) , and (d), the remaining |
amount shall be apportioned as follows:
|
(1) Until January 1, 2000, 58.4%, and beginning |
January 1, 2000, 45.6%
shall be deposited as follows:
|
(A) 37% into the State Construction Account Fund, |
and
|
(B) 63% into the Road Fund, $1,250,000 of which |
shall be reserved each
month for the Department of |
Transportation to be used in accordance with
the |
provisions of Sections 6-901 through 6-906 of the |
|
Illinois Highway Code;
|
(2) Until January 1, 2000, 41.6%, and beginning |
January 1, 2000, 54.4%
shall be transferred to the |
Department of Transportation to be
distributed as follows:
|
(A) 49.10% to the municipalities of the State,
|
(B) 16.74% to the counties of the State having |
1,000,000 or more inhabitants,
|
(C) 18.27% to the counties of the State having |
less than 1,000,000 inhabitants,
|
(D) 15.89% to the road districts of the State.
|
If a township is dissolved under Article 24 of the |
Township Code, McHenry County shall receive any moneys |
that would have been distributed to the township under |
this subparagraph, except that a municipality that assumes |
the powers and responsibilities of a road district under |
paragraph (6) of Section 24-35 of the Township Code shall |
receive any moneys that would have been distributed to the |
township in a percent equal to the area of the dissolved |
road district or portion of the dissolved road district |
over which the municipality assumed the powers and |
responsibilities compared to the total area of the |
dissolved township. The moneys received under this |
subparagraph shall be used in the geographic area of the |
dissolved township. If a township is reconstituted as |
provided under Section 24-45 of the Township Code, McHenry |
County or a municipality shall no longer be distributed |
|
moneys under this subparagraph. |
As soon as may be after the first day of each month , the |
Department of
Transportation shall allot to each municipality |
its share of the amount
apportioned to the several |
municipalities which shall be in proportion
to the population |
of such municipalities as determined by the last
preceding |
municipal census if conducted by the Federal Government or
|
Federal census. If territory is annexed to any municipality |
subsequent
to the time of the last preceding census the |
corporate authorities of
such municipality may cause a census |
to be taken of such annexed
territory and the population so |
ascertained for such territory shall be
added to the |
population of the municipality as determined by the last
|
preceding census for the purpose of determining the allotment |
for that
municipality. If the population of any municipality |
was not determined
by the last Federal census preceding any |
apportionment, the
apportionment to such municipality shall be |
in accordance with any
census taken by such municipality. Any |
municipal census used in
accordance with this Section shall be |
certified to the Department of
Transportation by the clerk of |
such municipality, and the accuracy
thereof shall be subject |
to approval of the Department which may make
such corrections |
as it ascertains to be necessary.
|
As soon as may be after the first day of each month , the |
Department of
Transportation shall allot to each county its |
share of the amount
apportioned to the several counties of the |
|
State as herein provided.
Each allotment to the several |
counties having less than 1,000,000
inhabitants shall be in |
proportion to the amount of motor vehicle
license fees |
received from the residents of such counties, respectively,
|
during the preceding calendar year. The Secretary of State |
shall, on or
before April 15 of each year, transmit to the |
Department of
Transportation a full and complete report |
showing the amount of motor
vehicle license fees received from |
the residents of each county,
respectively, during the |
preceding calendar year. The Department of
Transportation |
shall, each month, use for allotment purposes the last
such |
report received from the Secretary of State.
|
As soon as may be after the first day of each month, the |
Department
of Transportation shall allot to the several |
counties their share of the
amount apportioned for the use of |
road districts. The allotment shall
be apportioned among the |
several counties in the State in the proportion
which the |
total mileage of township or district roads in the respective
|
counties bears to the total mileage of all township and |
district roads
in the State. Funds allotted to the respective |
counties for the use of
road districts therein shall be |
allocated to the several road districts
in the county in the |
proportion which the total mileage of such township
or |
district roads in the respective road districts bears to the |
total
mileage of all such township or district roads in the |
county. After
July 1 of any year prior to 2011, no allocation |
|
shall be made for any road district
unless it levied a tax for |
road and bridge purposes in an amount which
will require the |
extension of such tax against the taxable property in
any such |
road district at a rate of not less than either .08% of the |
value
thereof, based upon the assessment for the year |
immediately prior to the year
in which such tax was levied and |
as equalized by the Department of Revenue
or, in DuPage |
County, an amount equal to or greater than $12,000 per mile of
|
road under the jurisdiction of the road district, whichever is |
less. Beginning July 1, 2011 and each July 1 thereafter, an |
allocation shall be made for any road district
if it levied a |
tax for road and bridge purposes. In counties other than |
DuPage County, if the amount of the tax levy requires the |
extension of the tax against the taxable property in
the road |
district at a rate that is less than 0.08% of the value
|
thereof, based upon the assessment for the year immediately |
prior to the year
in which the tax was levied and as equalized |
by the Department of Revenue, then the amount of the |
allocation for that road district shall be a percentage of the |
maximum allocation equal to the percentage obtained by |
dividing the rate extended by the district by 0.08%. In DuPage |
County, if the amount of the tax levy requires the extension of |
the tax against the taxable property in
the road district at a |
rate that is less than the lesser of (i) 0.08% of the value
of |
the taxable property in the road district, based upon the |
assessment for the year immediately prior to the year
in which |
|
such tax was levied and as equalized by the Department of |
Revenue,
or (ii) a rate that will yield an amount equal to |
$12,000 per mile of
road under the jurisdiction of the road |
district, then the amount of the allocation for the road |
district shall be a percentage of the maximum allocation equal |
to the percentage obtained by dividing the rate extended by |
the district by the lesser of (i) 0.08% or (ii) the rate that |
will yield an amount equal to $12,000 per mile of
road under |
the jurisdiction of the road district. |
Prior to 2011, if any
road district has levied a special |
tax for road purposes
pursuant to Sections 6-601, 6-602 , and |
6-603 of the Illinois Highway Code, and
such tax was levied in |
an amount which would require extension at a
rate of not less |
than .08% of the value of the taxable property thereof,
as |
equalized or assessed by the Department of Revenue,
or, in |
DuPage County, an amount equal to or greater than $12,000 per |
mile of
road under the jurisdiction of the road district, |
whichever is less,
such levy shall, however, be deemed a |
proper compliance with this
Section and shall qualify such |
road district for an allotment under this
Section. Beginning |
in 2011 and thereafter, if any
road district has levied a |
special tax for road purposes
under Sections 6-601, 6-602, and |
6-603 of the Illinois Highway Code, and
the tax was levied in |
an amount that would require extension at a
rate of not less |
than 0.08% of the value of the taxable property of that road |
district,
as equalized or assessed by the Department of |
|
Revenue or, in DuPage County, an amount equal to or greater |
than $12,000 per mile of road under the jurisdiction of the |
road district, whichever is less, that levy shall be deemed a |
proper compliance with this
Section and shall qualify such |
road district for a full, rather than proportionate, allotment |
under this
Section. If the levy for the special tax is less |
than 0.08% of the value of the taxable property, or, in DuPage |
County if the levy for the special tax is less than the lesser |
of (i) 0.08% or (ii) $12,000 per mile of road under the |
jurisdiction of the road district, and if the levy for the |
special tax is more than any other levy for road and bridge |
purposes, then the levy for the special tax qualifies the road |
district for a proportionate, rather than full, allotment |
under this Section. If the levy for the special tax is equal to |
or less than any other levy for road and bridge purposes, then |
any allotment under this Section shall be determined by the |
other levy for road and bridge purposes. |
Prior to 2011, if a township has transferred to the road |
and bridge fund
money which, when added to the amount of any |
tax levy of the road
district would be the equivalent of a tax |
levy requiring extension at a
rate of at least .08%, or, in |
DuPage County, an amount equal to or greater
than $12,000 per |
mile of road under the jurisdiction of the road district,
|
whichever is less, such transfer, together with any such tax |
levy,
shall be deemed a proper compliance with this Section |
and shall qualify
the road district for an allotment under |
|
this Section.
|
In counties in which a property tax extension limitation |
is imposed
under the Property Tax Extension Limitation Law, |
road districts may retain
their entitlement to a motor fuel |
tax allotment or, beginning in 2011, their entitlement to a |
full allotment if, at the time the property
tax
extension |
limitation was imposed, the road district was levying a road |
and
bridge tax at a rate sufficient to entitle it to a motor |
fuel tax allotment
and continues to levy the maximum allowable |
amount after the imposition of the
property tax extension |
limitation. Any road district may in all circumstances
retain |
its entitlement to a motor fuel tax allotment or, beginning in |
2011, its entitlement to a full allotment if it levied a road |
and
bridge tax in an amount that will require the extension of |
the tax against the
taxable property in the road district at a |
rate of not less than 0.08% of the
assessed value of the |
property, based upon the assessment for the year
immediately |
preceding the year in which the tax was levied and as equalized |
by
the Department of Revenue or, in DuPage County, an amount |
equal to or greater
than $12,000 per mile of road under the |
jurisdiction of the road district,
whichever is less.
|
As used in this Section , the term "road district" means |
any road
district, including a county unit road district, |
provided for by the
Illinois Highway Code; and the term |
"township or district road"
means any road in the township and |
district road system as defined in the
Illinois Highway Code. |
|
For the purposes of this Section, "township or
district road" |
also includes such roads as are maintained by park
districts, |
forest preserve districts and conservation districts. The
|
Department of Transportation shall determine the mileage of |
all township
and district roads for the purposes of making |
allotments and allocations of
motor fuel tax funds for use in |
road districts.
|
Payment of motor fuel tax moneys to municipalities and |
counties shall
be made as soon as possible after the allotment |
is made. The treasurer
of the municipality or county may |
invest these funds until their use is
required and the |
interest earned by these investments shall be limited
to the |
same uses as the principal funds.
|
(Source: P.A. 101-32, eff. 6-28-19; 101-230, eff. 8-9-19; |
101-493, eff. 8-23-19; revised 9-24-19.)
|
Section 5-10. The Illinois Vehicle Code is amended by |
changing Section 18c-7401 as follows: |
(625 ILCS 5/18c-7401) (from Ch. 95 1/2, par. 18c-7401)
|
Sec. 18c-7401. Safety Requirements for Track, Facilities, |
and
Equipment.
|
(1) General Requirements. Each rail carrier shall, |
consistent with rules,
orders, and regulations of the Federal |
Railroad Administration, construct,
maintain, and operate all |
of its equipment, track, and other property in this
State in |
|
such a manner as to pose no undue risk to its employees or the |
person
or property of any member of the public.
|
(2) Adoption of Federal Standards. The track safety |
standards and
accident/incident standards promulgated by the |
Federal Railroad Administration
shall be safety standards of |
the Commission. The Commission may, in addition,
adopt by |
reference in its regulations other federal railroad safety |
standards,
whether contained in federal statutes or in |
regulations adopted pursuant to
such statutes.
|
(3) Railroad Crossings. No public road, highway, or street |
shall hereafter
be constructed across the track of any rail |
carrier at grade, nor shall the
track of any rail carrier be |
constructed across a public road, highway or
street at grade, |
without having first secured the permission of the Commission;
|
provided, that this Section shall not apply to the replacement |
of lawfully
existing roads, highways, and tracks.
No public |
pedestrian bridge or subway shall be constructed across the |
track
of any rail carrier without having first secured the |
permission of the
Commission.
The Commission shall have the |
right to
refuse its permission or to grant it upon such terms |
and conditions as it may
prescribe.
The Commission shall have |
power to determine and prescribe the
manner, including the |
particular point of crossing, and the terms of
installation, |
operation, maintenance, use, and protection of each such |
crossing.
|
The Commission shall also have power, after a hearing, to
|
|
require major alteration of or to abolish any crossing,
|
heretofore or hereafter established, when in its opinion, the
|
public safety requires such alteration or abolition, and,
|
except in cities, villages, and incorporated towns of
|
1,000,000 or more inhabitants, to vacate and close that part
|
of the highway on such crossing altered or abolished and
cause |
barricades to be erected across such highway in such
manner as |
to prevent the use of such crossing as a highway,
when, in the |
opinion of the Commission, the public
convenience served by |
the crossing in question is not such as
to justify the further |
retention thereof; or to require a
separation of grades, at |
railroad-highway grade crossings; or to
require a
separation |
of grades at any proposed crossing where a
proposed public |
highway may cross the tracks of any rail
carrier or carriers; |
and to prescribe, after a hearing of the parties,
the terms |
upon which such separations shall be made and the
proportion |
in which the expense of the alteration or
abolition of such |
crossings or the separation of such grades, having regard
to |
the benefits, if any, accruing to the rail carrier or any party |
in
interest,
shall be divided between the rail carrier or |
carriers affected, or
between such carrier or carriers and the |
State, county, municipality
or other public authority in |
interest.
However, a public hearing by the Commission to |
abolish a crossing shall not
be required
when the public |
highway authority in interest vacates the highway. In such
|
instance
the rail carrier, following notification to the |
|
Commission and the highway
authority, shall remove any grade |
crossing warning devices and the grade
crossing surface.
|
The Commission shall also have power by its order to |
require
the reconstruction, minor alteration, minor |
relocation, or
improvement of any crossing (including the |
necessary highway
approaches thereto) of any railroad across |
any highway or
public road, pedestrian bridge, or pedestrian |
subway, whether such crossing
be at grade
or by overhead
|
structure or by subway, whenever the Commission finds after a
|
hearing or without a hearing as otherwise provided in this
|
paragraph that such reconstruction, alteration, relocation, or
|
improvement is necessary to preserve or promote the safety or
|
convenience of the public or of the employees or passengers
of |
such rail carrier or carriers. By its original order or
|
supplemental orders in such case, the Commission may direct |
such
reconstruction, alteration, relocation, or improvement to |
be
made in such manner and upon such terms and conditions as |
may
be reasonable and necessary
and may apportion the cost of
|
such reconstruction, alteration, relocation, or improvement
|
and the subsequent maintenance thereof, having regard to the |
benefits, if
any, accruing
to the railroad or any party in |
interest,
between the rail
carrier or carriers and public |
utilities affected, or between such
carrier or carriers and |
public utilities and the State, county,
municipality or other |
public authority in interest. The cost
to be so apportioned |
shall include the cost of changes or
alterations in the |
|
equipment of public utilities affected as
well as the cost of |
the relocation, diversion or
establishment of any public |
highway, made necessary by such
reconstruction, alteration, |
relocation, or improvement of said
crossing. A hearing shall |
not be required in those instances
when the Commission enters |
an order confirming a written
stipulation in which the |
Commission, the public highway
authority or other public |
authority in interest, the rail carrier or
carriers
affected, |
and in
instances involving the use of the Grade Crossing |
Protection
Fund, the Illinois Department of Transportation, |
agree on the
reconstruction, alteration, relocation, or |
improvement and
the subsequent maintenance thereof and the |
division of costs
of such changes of any grade crossing |
(including the
necessary highway approaches thereto) of any |
railroad across
any highway, pedestrian bridge, or pedestrian |
subway.
|
The Commission shall also have power to enter into |
stipulated agreements with a rail carrier or rail carriers or |
public authorities to fund, provide, install, and maintain |
safety treatments to deter trespassing on railroad property in |
accordance with paragraph (1) of Section 18c-7503 at locations |
approved by such rail carrier or rail carriers following a |
diagnostic evaluation between the Commission and the rail |
carrier or rail carriers, including any public authority in |
interest or the Federal Railroad Administration, and to order |
the allocation of the cost of those treatments and their |
|
installation and maintenance from the Grade Crossing |
Protection Fund. Safety treatments approved under this |
paragraph by the Commission shall be deemed adequate and |
appropriate. |
Every rail carrier operating in the State of Illinois |
shall
construct and maintain every highway crossing over its |
tracks
within the State so that the roadway at the |
intersection
shall be as flush with the rails as superelevated |
curves will
allow, and, unless otherwise ordered by the |
Commission, shall
construct and maintain the approaches |
thereto at a grade of
not more than 5% within the right of way |
for a distance of
not less the 6 feet on each side of the |
centerline of such
tracks; provided, that the grades at the |
approaches may be
maintained in excess of 5% only when |
authorized by the
Commission.
|
Every rail carrier operating within this State shall |
remove
from its right of way at all railroad-highway grade |
crossings within the
State, such brush, shrubbery, and trees |
as is reasonably
practical for a distance of not less than 500 |
feet in either
direction from each grade crossing.
The |
Commission shall have power, upon its own motion, or upon
|
complaint, and after having made proper investigation, to
|
require the installation of adequate and appropriate luminous
|
reflective warning signs, luminous flashing
signals, crossing
|
gates illuminated at night, or other protective devices
in
|
order to promote and safeguard the health and safety of the
|
|
public.
Luminous flashing signal or crossing gate
devices |
installed at grade crossings, which have been approved
by the |
Commission, shall be deemed adequate and appropriate.
The |
Commission shall have authority to determine the number,
type, |
and location of such signs, signals, gates, or other
|
protective devices which, however, shall conform as near as
|
may be with generally recognized national standards, and the
|
Commission shall have authority to prescribe the division of
|
the cost of the installation and subsequent maintenance of
|
such signs, signals, gates, or other protective
devices |
between the rail carrier or carriers, the public highway
|
authority or other public authority in
interest, and in |
instances involving the use of the Grade
Crossing Protection |
Fund, the Illinois Department of
Transportation.
Except where |
train crews provide flagging of the crossing to road users, |
yield signs shall be installed at all highway intersections |
with every grade crossing in this State that is not equipped |
with automatic warning devices, such as luminous flashing |
signals or crossing gate devices. A stop sign may be used in |
lieu of the yield sign when an engineering study conducted in |
cooperation with the highway authority and the Illinois |
Department of Transportation has determined that a stop sign |
is warranted. If the Commission has ordered the installation |
of luminous flashing signal or
crossing gate devices at a |
grade crossing not equipped with active warning devices, the |
Commission shall order the
installation of temporary stop |
|
signs at the highway intersection with the grade
crossing |
unless an engineering study has determined that a stop sign is |
not appropriate. If a stop sign is not appropriate, the |
Commission may order the installation of other appropriate |
supplemental signing as determined by an engineering study. |
The temporary signs shall remain in place until the luminous
|
flashing signal or crossing gate devices have been installed.
|
The rail carrier is responsible for the installation and |
subsequent
maintenance of any required signs.
The permanent |
signs shall be in place by July 1, 2011.
|
No railroad may change or modify the warning device system |
at a
railroad-highway grade crossing, including warning |
systems interconnected with
highway traffic control signals, |
without having first received the approval of
the Commission. |
The Commission shall have the further power, upon application,
|
upon its own motion, or upon
complaint and after having made |
proper investigation, to require
the interconnection of grade |
crossing warning devices with traffic control
signals at |
highway intersections located at or near railroad crossings |
within
the distances described by the State Manual on Uniform |
Traffic Control Devices
adopted pursuant to Section 11-301 of |
this Code. In addition, State and local
authorities may not |
install, remove, modernize, or otherwise modify traffic
|
control signals at a highway intersection that is |
interconnected or proposed to
be interconnected with grade |
crossing warning devices when the change affects
the number, |
|
type, or location of traffic control devices on the track |
approach
leg or legs of the intersection or the timing of the |
railroad preemption
sequence of operation until the Commission |
has approved the installation,
removal, modernization, or |
modification.
Commission approval shall be limited to |
consideration of
issues directly affecting the public safety |
at the railroad-highway grade
crossing. The electrical circuit |
devices, alternate warning devices, and
preemption sequences |
shall conform as nearly as possible, considering the
|
particular characteristics of the crossing and
intersection |
area, to the State manual adopted by the Illinois Department |
of
Transportation pursuant to Section 11-301 of this Code and |
such federal
standards as are made applicable by subsection |
(2) of this Section. In order
to carry out this authority, the |
Commission shall have the authority to
determine the number, |
type, and location of traffic control devices on the
track |
approach leg or legs of the intersection and the timing of the |
railroad
preemption sequence of operation.
The Commission |
shall prescribe the division of costs for installation and
|
maintenance of all devices required by this paragraph between |
the railroad or
railroads and the highway authority in |
interest and in instances involving the
use of the Grade |
Crossing Protection Fund or a State highway, the Illinois
|
Department of Transportation.
|
Any person who unlawfully or maliciously removes, throws
|
down, damages or defaces any sign, signal, gate, or other
|
|
protective device, located at or near any public grade
|
crossing, shall be guilty of a petty offense and fined not
less |
than $50 nor more than $200 for each offense. In
addition to |
fines levied under the provisions of this
Section a person |
adjudged guilty hereunder may also be
directed to make |
restitution for the costs of repair or
replacement, or both, |
necessitated by his misconduct.
|
It is the public policy of the State of Illinois to enhance |
public safety
by establishing safe grade crossings. In order |
to implement this policy, the
Illinois Commerce Commission is |
directed to conduct public hearings and to
adopt specific |
criteria by July 1, 1994, that shall be adhered to by the
|
Illinois Commerce Commission in determining if a grade |
crossing should be
opened or abolished. The following factors |
shall be considered by the
Illinois Commerce Commission in |
developing the specific criteria for opening
and abolishing |
grade crossings:
|
(a) timetable speed of passenger trains;
|
(b) distance to an alternate crossing;
|
(c) accident history for the last 5 years;
|
(d) number of vehicular traffic and posted speed |
limits;
|
(e) number of freight trains and their timetable |
speeds;
|
(f) the type of warning device present at the grade |
crossing;
|
|
(g) alignments of the roadway and railroad, and the |
angle of intersection
of those alignments;
|
(h) use of the grade crossing by trucks carrying |
hazardous materials,
vehicles carrying passengers for |
hire, and school buses; and
|
(i) use of the grade crossing by emergency vehicles.
|
The Illinois Commerce Commission, upon petition to open or |
abolish a grade
crossing, shall enter an order opening or |
abolishing the crossing if it meets
the specific criteria |
adopted by the Commission.
|
Except as otherwise provided in this subsection (3), in no |
instance shall
a grade crossing be permanently closed
without |
public hearing first being held and notice of such
hearing |
being published in an area newspaper of local general
|
circulation.
|
(4) Freight Trains; Radio Communications.
The Commission |
shall after hearing and order require that
every main line |
railroad freight train operating on main
tracks outside of |
yard limits within this State shall be
equipped with a radio |
communication system. The Commission
after notice and hearing |
may grant exemptions from the
requirements of this Section as |
to secondary and branch
lines.
|
(5) Railroad Bridges and Trestles; Walkway and Handrail.
|
In cases in which the Commission finds the same to be
practical |
and necessary for safety of railroad employees,
bridges and |
trestles, over and upon which railroad trains are
operated, |
|
shall include as a part thereof, a safe and
suitable walkway |
and handrail on one side only of such bridge
or trestle, and |
such handrail shall be located at the outer
edge of the walkway |
and shall provide a clearance of not less
than 8 feet, 6 |
inches, from the center line of the nearest
track, measured at |
right angles thereto.
|
(6) Packages Containing Articles for First Aid to Injured |
on Trains.
|
(a) All rail carriers shall provide a first aid kit |
that contains, at a minimum, those
articles prescribed by |
the Commission, on each train or
engine, for first aid to |
persons who may be injured in the
course of the operation |
of such trains.
|
(b) A vehicle, excluding a taxi cab used in an |
emergency situation, operated by a contract carrier |
transporting railroad employees in the course of their |
employment shall be equipped with a readily available |
first aid kit that contains, as a minimum, the same |
articles that are required on each train or engine. |
(7) Abandoned Bridges, Crossings, and Other Rail Plant.
|
The Commission shall have authority, after notice and hearing, |
to order:
|
(a) the removal of any abandoned railroad tracks from |
roads,
streets or other thoroughfares in this State; and
|
(b) the removal of abandoned overhead railroad |
structures
crossing highways, waterways, or railroads.
|
|
The Commission may equitably apportion the cost of such
|
actions between the rail carrier or carriers, public |
utilities, and
the State, county, municipality, township, road |
district, or
other public authority in interest.
|
(8) Railroad-Highway Bridge Clearance. A vertical |
clearance of not less
than 23 feet
above the top of rail shall |
be provided for all new or reconstructed highway
bridges |
constructed over a railroad track. The Commission may permit a |
lesser
clearance if it determines
that the 23-foot clearance |
standard cannot be justified based on
engineering, |
operational, and economic conditions.
|
(9) Right of Access To Railroad Property. |
(a) A community antenna television company franchised |
by a municipality or county pursuant to the Illinois |
Municipal
Code or the Counties Code, respectively, shall |
not enter upon any real estate or
rights-of-way in the |
possession or control of a railroad
subject to the |
jurisdiction of the Illinois Commerce
Commission unless |
the community antenna television
company first complies |
with the applicable provisions of
subparagraph (f) of |
Section 11-42-11.1 of the Illinois
Municipal Code or |
subparagraph (f) of Section 5-1096 of the Counties Code. |
(b) Notwithstanding any provision of law to the |
contrary, this subsection (9) applies to all entries of |
railroad rights-of-way involving a railroad subject to the |
jurisdiction of the Illinois Commerce Commission by a |
|
community antenna television company and shall govern in |
the event of any conflict with any other provision of law. |
(c) This subsection (9) applies to any entry upon any |
real estate or right-of-way in the possession or control |
of a railroad subject to the jurisdiction of the Illinois |
Commerce Commission for the purpose of or in connection |
with the construction, or installation of a community |
antenna television company's system or facilities |
commenced or renewed on or after August 22, 2017 (the |
effective date of Public Act 100-251). |
(d) Nothing in Public Act 100-251 shall be construed |
to prevent a railroad from negotiating other terms and |
conditions or the resolution of any dispute in relation to |
an entry upon or right of access as set forth in this |
subsection (9). |
(e) For purposes of this subsection (9): |
"Broadband service", "cable operator", and "holder" |
have the meanings given to those terms under Section |
21-201 of the Public Utilities Act. |
"Community antenna television company" includes, in |
the case of real estate or rights-of-way in possession of |
or in control of a railroad, a holder, cable operator, or |
broadband service provider. |
(f) Beginning on August 22, 2017 (the effective date |
of Public Act 100-251), the Transportation Division of the |
Illinois Commerce Commission shall include in its annual |
|
Crossing Safety Improvement Program report a brief |
description of the number of cases decided by the Illinois |
Commerce Commission and the number of cases that remain |
pending before the Illinois Commerce Commission under this |
subsection (9) for the period covered by the report. |
(Source: P.A. 100-251, eff. 8-22-17; 101-81, eff. 7-12-19.)
|
ARTICLE 6. SPORTS FACILITIES AUTHORITY |
Section 6-5. The State Finance Act is amended by changing |
Section 8.25-4 as follows:
|
(30 ILCS 105/8.25-4) (from Ch. 127, par. 144.25-4)
|
Sec. 8.25-4.
All moneys in the Illinois Sports Facilities |
Fund are
allocated to and shall be transferred, appropriated |
and used only for the
purposes authorized by, and subject to, |
the limitations and conditions of
this Section.
|
All moneys deposited pursuant to Section 13.1 of "An Act |
in relation to
State revenue sharing with local governmental |
entities", as amended, and
all moneys deposited with respect |
to the $5,000,000 deposit, but not the
additional $8,000,000 |
advance applicable before July 1, 2001, or the
Advance Amount |
applicable on and after that date, pursuant to Section
6 of |
"The Hotel
Operators' Occupation Tax Act", as amended, into |
the Illinois Sports
Facilities Fund shall be credited to the |
Subsidy Account within the Fund.
All moneys deposited with |
|
respect to the additional $8,000,000 advance
applicable before |
July 1, 2001, or the Advance Amount
applicable on and after |
that date, but
not the $5,000,000 deposit, pursuant to Section |
6 of "The Hotel Operators'
Occupation Tax Act", as amended, |
into the Illinois Sports Facilities Fund
shall be credited to |
the Advance Account within the Fund.
|
Beginning with fiscal year 1989 and continuing for each |
fiscal year
thereafter through and including fiscal year 2001, |
no less than 30 days
before the beginning of such fiscal year
|
(except as soon as may be practicable after the effective date |
of this
amendatory Act of 1988 with respect to fiscal year |
1989) the Chairman of
the Illinois Sports Facilities Authority |
shall certify to the State
Comptroller and the State |
Treasurer, without taking into account any
revenues or |
receipts of the Authority, the lesser of (a) $18,000,000 and
|
(b) the sum of (i) the amount anticipated to be required by the |
Authority
during the fiscal year to pay principal of and |
interest on, and other
payments relating to, its obligations |
issued or to be issued under Section
13 of the Illinois Sports |
Facilities Authority Act, including any deposits
required to |
reserve funds created under any indenture or resolution
|
authorizing issuance of the obligations and payments to |
providers of credit
enhancement, (ii) the amount anticipated |
to be required by the Authority
during the fiscal year to pay |
obligations under the provisions of any
management agreement |
with respect to a facility or facilities owned by the
|
|
Authority or of any assistance agreement with respect to any |
facility for
which financial assistance is provided under the |
Illinois Sports Facilities
Authority Act, and to pay other |
capital and operating expenses of the
Authority
during the |
fiscal year, including any deposits required to reserve funds
|
created for repair and replacement of capital assets and to |
meet the
obligations of the Authority under any management |
agreement or assistance
agreement, and (iii) any
amounts under |
(i) and (ii) above remaining unpaid from previous years.
|
Beginning with fiscal year 2002 and continuing for each |
fiscal year
thereafter, no less than 30 days before the |
beginning of such fiscal year, the
Chairman of the Illinois |
Sports Facilities Authority shall certify to the State
|
Comptroller and the State Treasurer, without taking into |
account any revenues
or receipts of the Authority, the lesser |
of (a) an amount equal to the sum of
the Advance Amount plus |
$10,000,000 and (b) the sum of (i) the amount
anticipated to be |
required by the Authority during the fiscal year to pay
|
principal of and interest on, and other payments relating to, |
its obligations
issued or to be issued under Section 13 of the |
Illinois Sports Facilities
Authority Act, including any |
deposits required to reserve funds created under
any indenture |
or resolution authorizing issuance of the obligations and
|
payments to providers of credit enhancement, (ii) the amount |
anticipated to be
required by the Authority during the fiscal |
year to pay obligations under
the provisions of any management |
|
agreement with respect to a facility or
facilities owned by |
the Authority or any assistance agreement with respect to
any |
facility for which financial assistance is provided under the |
Illinois
Sports Facilities Authority Act, and to pay other |
capital and operating
expenses of the Authority during the |
fiscal year, including any deposits
required to reserve funds |
created for repair and replacement of capital assets
and to |
meet the obligations of the Authority under any management |
agreement or
assistance agreement, and (iii) any amounts under |
(i) and (ii) above remaining
unpaid from previous years.
|
A copy of any certification made by the Chairman under the
|
preceding 2 paragraphs shall be filed with the Governor and |
the Mayor
of the City of Chicago. The Chairman may file an |
amended certification
from time to time.
|
Subject to sufficient appropriation by the General |
Assembly, beginning
with July 1, 1988 and thereafter |
continuing on the first day of each month
during each fiscal |
year through and including fiscal year 2001, the
Comptroller |
shall order paid and the Treasurer
shall pay to the Authority |
the amount in the Illinois Sports Facilities
Fund until (x) |
the lesser of $10,000,000 or the amount appropriated for
|
payment to the Authority from amounts credited to the Subsidy |
Account and
(y) the lesser of $8,000,000 or the difference |
between the amount
appropriated for payment to the Authority |
during the fiscal year and
$10,000,000 has been paid from |
amounts credited to the Advance Account.
|
|
Subject to sufficient appropriation by the General |
Assembly, beginning with
July 1, 2001, and thereafter |
continuing on the first day of each month during
each fiscal |
year thereafter, the Comptroller shall order paid and the |
Treasurer
shall pay to the Authority the amount in the |
Illinois Sports Facilities Fund
until (x) the lesser of |
$10,000,000 or the amount appropriated for payment to
the
|
Authority from amounts credited to the Subsidy Account and (y) |
the lesser of
the Advance Amount or the difference between the |
amount appropriated for
payment to the Authority during the |
fiscal year and $10,000,000 has been paid
from amounts |
credited to the Advance Account.
|
Provided that all amounts deposited in the Illinois Sports
|
Facilities Fund and credited to the Subsidy Account, to the |
extent
requested pursuant to the Chairman's certification, |
have been paid, on June
30, 1989, and on June 30 of each year |
thereafter, all amounts remaining in
the Subsidy Account of |
the Illinois Sports Facilities Fund shall be
transferred by |
the State Treasurer one-half to the General Revenue Fund in
|
the State Treasury and one-half to the City Tax Fund. Provided |
that all
amounts appropriated from the Illinois Sports |
Facilities Fund, to the
extent requested pursuant to the |
Chairman's certification, have been paid,
on June 30, 1989, |
and on June 30 of each year thereafter, all amounts
remaining |
in the Advance Account of the Illinois Sports Facilities Fund
|
shall be transferred by the State Treasurer to the General |
|
Revenue Fund in
the State Treasury.
|
For purposes of this Section, the term "Advance Amount" |
means, for
fiscal year 2002, $22,179,000, and for subsequent |
fiscal years through fiscal
year 2033 2032 , 105.615% of the |
Advance Amount for the immediately preceding fiscal
year, |
rounded up to the nearest $1,000.
|
(Source: P.A. 91-935, eff. 6-1-01.)
|
Section 6-10. The Hotel Operators' Occupation Tax Act is |
amended by changing Section 6 as follows:
|
(35 ILCS 145/6) (from Ch. 120, par. 481b.36)
|
Sec. 6. Filing of returns and distribution of proceeds. |
Except as provided hereinafter in this Section, on or |
before
the last day of each calendar month, every person |
engaged in the
business of renting, leasing or letting rooms |
in a hotel in this State
during the preceding calendar month |
shall file a return with the
Department, stating:
|
1. The name of the operator;
|
2. His residence address and the address of his |
principal place of
business and the address of the |
principal place of business (if that is
a different |
address) from which he engages in the business of renting,
|
leasing or letting rooms in a hotel in this State;
|
3. Total amount of rental receipts received by him |
during the
preceding calendar month from renting, leasing |
|
or letting rooms during
such preceding calendar month;
|
4. Total amount of rental receipts received by him |
during the
preceding calendar month from renting, leasing |
or letting rooms to
permanent residents during such |
preceding calendar month;
|
5. Total amount of other exclusions from gross rental |
receipts
allowed by this Act;
|
6. Gross rental receipts which were received by him |
during the
preceding calendar month and upon the basis of |
which the tax is imposed;
|
7. The amount of tax due;
|
8. Such other reasonable information as the Department |
may require.
|
If the operator's average monthly tax liability to the |
Department
does not exceed $200, the Department may authorize |
his returns to be
filed on a quarter annual basis, with the |
return for January, February
and March of a given year being |
due by April 30 of such year; with the
return for April, May |
and June of a given year being due by July 31 of
such year; |
with the return for July, August and September of a given
year |
being due by October 31 of such year, and with the return for
|
October, November and December of a given year being due by |
January 31
of the following year.
|
If the operator's average monthly tax liability to the |
Department
does not exceed $50, the Department may authorize |
his returns to be
filed on an annual basis, with the return for |
|
a given year being due by
January 31 of the following year.
|
Such quarter annual and annual returns, as to form and |
substance,
shall be subject to the same requirements as |
monthly returns.
|
Notwithstanding any other provision in this Act concerning |
the time
within which an operator may file his return, in the |
case of any
operator who ceases to engage in a kind of business |
which makes him
responsible for filing returns under this Act, |
such operator shall file
a final return under this Act with the |
Department not more than 1 month
after discontinuing such |
business.
|
Where the same person has more than 1 business registered |
with the
Department under separate registrations under this |
Act, such person
shall not file each return that is due as a |
single return covering all
such registered businesses, but |
shall file separate returns for each
such registered business.
|
In his return, the operator shall determine the value of |
any
consideration other than money received by him in |
connection with the
renting, leasing or letting of rooms in |
the course of his business and
he shall include such value in |
his return. Such determination shall be
subject to review and |
revision by the Department in the manner
hereinafter provided |
for the correction of returns.
|
Where the operator is a corporation, the return filed on |
behalf of
such corporation shall be signed by the president, |
vice-president,
secretary or treasurer or by the properly |
|
accredited agent of such
corporation.
|
The person filing the return herein provided for shall, at |
the time of
filing such return, pay to the Department the |
amount of tax herein imposed.
The operator filing the return |
under this Section shall, at the time of
filing such return, |
pay to the Department the amount of tax imposed by this
Act |
less a discount of 2.1% or $25 per calendar year, whichever is |
greater,
which is allowed to reimburse the operator for the |
expenses incurred in
keeping records, preparing and filing |
returns, remitting the tax and
supplying data to the |
Department on request.
|
If any payment provided for in this Section exceeds the |
operator's liabilities under this Act, as shown on an original |
return, the Department may authorize the operator to credit |
such excess payment against liability subsequently to be |
remitted to the Department under this Act, in accordance with |
reasonable rules adopted by the Department. If the Department |
subsequently determines that all or any part of the credit |
taken was not actually due to the operator, the operator's |
discount shall be reduced by an amount equal to the difference |
between the discount as applied to the credit taken and that |
actually due, and that operator shall be liable for penalties |
and interest on such difference. |
There shall be deposited in the Build Illinois Fund in the |
State
Treasury for each State fiscal year 40% of the amount of |
total
net proceeds from the tax imposed by subsection (a) of |
|
Section 3.
Of the remaining 60%, $5,000,000 shall be deposited |
in the Illinois
Sports Facilities Fund and credited to the |
Subsidy Account each fiscal
year by making monthly deposits in |
the amount of 1/8 of $5,000,000 plus
cumulative deficiencies |
in such deposits for prior months, and an
additional |
$8,000,000 shall be deposited in the Illinois Sports |
Facilities
Fund and credited to the Advance Account each |
fiscal year by making monthly
deposits in the amount of 1/8 of |
$8,000,000 plus any cumulative deficiencies
in such deposits |
for prior months; provided, that for fiscal years ending
after |
June 30, 2001, the amount to be so deposited into the Illinois
|
Sports Facilities Fund and credited to the Advance Account |
each fiscal year
shall be increased from $8,000,000 to the |
then applicable Advance Amount and
the required monthly |
deposits beginning with July 2001 shall be in the amount
of 1/8 |
of the then applicable Advance Amount plus any cumulative |
deficiencies
in those deposits for prior months. (The deposits |
of the additional $8,000,000
or the then applicable Advance |
Amount, as applicable,
during each fiscal year shall be |
treated as advances
of funds to the Illinois Sports Facilities |
Authority for its corporate
purposes to the extent paid to the |
Authority or its trustee and shall be
repaid into the General |
Revenue Fund in the State Treasury by the State
Treasurer on |
behalf of the Authority pursuant to Section 19 of the Illinois
|
Sports Facilities Authority Act, as amended. If in any fiscal |
year the full
amount of the then applicable Advance Amount
is |
|
not repaid into the General Revenue Fund, then the deficiency |
shall be paid
from the amount in the Local Government |
Distributive Fund that would otherwise
be allocated to the |
City of Chicago under the State Revenue Sharing Act.)
|
For purposes of the foregoing paragraph, the term "Advance |
Amount"
means, for fiscal year 2002, $22,179,000, and for |
subsequent fiscal years
through fiscal year 2033 2032 , |
105.615% of the Advance Amount for the immediately
preceding |
fiscal year, rounded up to the nearest $1,000.
|
Of the remaining 60% of the amount of total net proceeds |
prior to August 1, 2011 from the tax
imposed by subsection (a) |
of Section 3 after all required deposits in the
Illinois |
Sports Facilities Fund, the amount equal to 8% of the net |
revenue
realized from this Act plus an amount equal to
8% of |
the net revenue realized from any tax imposed under Section |
4.05 of the
Chicago World's Fair-1992 Authority Act during the |
preceding month shall be
deposited in the Local Tourism Fund |
each month for purposes authorized by
Section 605-705 of the |
Department of Commerce and Economic Opportunity Law (20 ILCS |
605/605-705). Of the remaining 60% of the amount of total net |
proceeds beginning on August 1, 2011 from the tax imposed by |
subsection (a) of Section 3 after all required deposits in the |
Illinois Sports Facilities Fund, an amount equal to 8% of the |
net revenue realized from this Act plus an amount equal to 8% |
of the net revenue realized from any tax imposed under Section |
4.05 of the Chicago World's Fair-1992 Authority Act during the |
|
preceding month shall be deposited as follows: 18% of such |
amount shall be deposited into the Chicago Travel Industry |
Promotion Fund for the purposes described in subsection (n) of |
Section 5 of the Metropolitan Pier and Exposition Authority |
Act and the remaining 82% of such amount shall be deposited |
into the Local Tourism Fund each month for purposes authorized |
by Section 605-705 of the Department of Commerce and Economic |
Opportunity Law. Beginning on August 1, 1999 and ending on |
July 31, 2011, an amount equal to 4.5% of the net revenue
|
realized from the Hotel Operators' Occupation Tax Act during |
the preceding
month shall be deposited into the International |
Tourism Fund for the purposes
authorized in Section 605-707 of |
the Department of Commerce
and Economic Opportunity Law. |
Beginning on August 1, 2011, an amount equal to 4.5% of the net |
revenue realized from this Act during the preceding month |
shall be deposited as follows: 55% of such amount shall be |
deposited into the Chicago Travel Industry Promotion Fund for |
the purposes described in subsection (n) of Section 5 of the |
Metropolitan Pier and Exposition Authority Act and the |
remaining 45% of such amount deposited into the International |
Tourism Fund for the purposes authorized in Section 605-707 of |
the Department of Commerce and Economic Opportunity Law. "Net
|
revenue realized for a month" means the revenue collected by |
the State under
that Act during the previous month less the |
amount paid out during that same
month as refunds to taxpayers |
for overpayment of liability under that Act.
|
|
After making all these deposits, all other proceeds of the |
tax imposed under
subsection (a) of Section 3 shall be |
deposited in the Tourism Promotion Fund in
the State Treasury. |
All moneys received by the Department from the additional
tax |
imposed under subsection (b) of Section 3 shall be deposited |
into the Build
Illinois Fund in the State Treasury.
|
The Department may, upon separate written notice to a |
taxpayer, require
the taxpayer to prepare and file with the |
Department on a form prescribed
by the Department within not |
less than 60 days after receipt of the notice
an annual |
information return for the tax year specified in the notice.
|
Such annual return to the Department shall include a statement |
of gross
receipts as shown by the operator's last State income |
tax return. If the
total receipts of the business as reported |
in the State income tax return
do not agree with the gross |
receipts reported to the Department for the
same period, the |
operator shall attach to his annual information return a
|
schedule showing a reconciliation of the 2 amounts and the |
reasons for the
difference. The operator's annual information |
return to the Department
shall also disclose pay roll |
information of the operator's business during
the year covered |
by such return and any additional reasonable information
which |
the Department deems would be helpful in determining the |
accuracy of
the monthly, quarterly or annual tax returns by |
such operator as
hereinbefore provided for in this Section.
|
If the annual information return required by this Section |
|
is not filed
when and as required the taxpayer shall be liable |
for a penalty in an
amount determined in accordance with |
Section 3-4 of the Uniform Penalty and
Interest Act until such |
return is filed as required, the penalty to be
assessed and |
collected in the same manner as any other penalty provided
for |
in this Act.
|
The chief executive officer, proprietor, owner or highest |
ranking manager
shall sign the annual return to certify the |
accuracy of the information
contained therein. Any person who |
willfully signs the annual return containing
false or |
inaccurate information shall be guilty of perjury and punished
|
accordingly. The annual return form prescribed by the |
Department shall
include a warning that the person signing the |
return may be liable for perjury.
|
The foregoing portion of this Section concerning the |
filing of an annual
information return shall not apply to an |
operator who is not required to
file an income tax return with |
the United States Government.
|
(Source: P.A. 100-23, eff. 7-6-17; 100-1171, eff. 1-4-19.)
|
Section 6-15. The Illinois Sports Facilities Authority Act |
is amended by changing Section 13 as follows:
|
(70 ILCS 3205/13) (from Ch. 85, par. 6013)
|
Sec. 13. Bonds and notes.
|
(A) (1) The Authority may at any time and
from time to time |
|
issue bonds and notes for any corporate purpose,
including the |
establishment of reserves and the payment of interest and
|
costs of issuance. In this Act the term "bonds" includes notes |
of any
kind, interim certificates, refunding bonds, or any |
other evidence of
obligation for borrowed money issued under |
this Section 13. Bonds may be
issued in one or more series and |
may be payable and secured either on a
parity with or |
separately from other bonds.
|
(2) The bonds of any issue shall be payable solely from all |
or any part
of the property or
revenues of the Authority, |
including, without limitation:
|
(i) Rents, rates, fees, charges or other revenues |
payable
to or any receipts of the Authority, including |
amounts which are deposited
pursuant to the Act with a |
trustee for bondholders;
|
(ii) Payments by financial institutions, insurance
|
companies, or others
pursuant to letters or lines of |
credit, policies of insurance, or purchase
agreements;
|
(iii) Investment earnings from funds or accounts |
maintained
pursuant to
a bond resolution or trust |
agreement; and
|
(iv) Proceeds of refunding bonds.
|
(3) Bonds may be authorized by a resolution of the |
Authority and may
be secured by a trust agreement by and |
between the Authority and a
corporate trustee or trustees, |
which may be any trust company or bank
having the powers of a |
|
trust company within or without the State. Bonds may:
|
(i) Mature at a time or times, whether as serial bonds |
or as
term bonds
or both, not exceeding 40 years from their |
respective dates of issue;
|
(ii) Notwithstanding the provision of "An Act to |
authorize
public
corporations to issue bonds, other |
evidences of indebtedness and tax
anticipation warrants |
subject to interest rate limitations set forth
therein", |
approved May 26, 1970, as now or hereafter amended, or any |
other
provision of law, bear interest at any fixed or |
variable rate or rates
determined by the method provided |
in the resolution or trust agreement;
|
(iii) Be payable at a time or times, in the |
denominations
and form,
either coupon or registered or |
both, and carry the registration and
privileges as to |
exchange, transfer or conversion and for the
replacement |
of mutilated, lost, or destroyed bonds as the resolution |
or
trust agreement may provide;
|
(iv) Be payable in lawful money of the United States |
at a
designated place;
|
(v) Be subject to the terms of purchase, payment, |
redemption,
refunding
or refinancing that the resolution |
or trust agreement provides;
|
(vi) Be executed by the manual or facsimile signatures |
of
the officers
of the Authority designated by the |
Authority which signatures shall be
valid at delivery even |
|
for one who has ceased to hold office; and
|
(vii) Be sold in the manner and upon the terms |
determined
by
the Authority.
|
(B) Any resolution or trust agreement may contain |
provisions which shall
be a part of the contract with the |
holders of the bonds as to:
|
(1) Pledging, assigning or directing the use, |
investment, or disposition
of all or any part of the |
revenues of the Authority or proceeds or benefits
of any |
contract
including, without limit, any management |
agreement or assistance agreement
and
conveying or |
otherwise securing any property or property rights;
|
(2) The setting aside of loan funding deposits, debt |
service reserves,
capitalized interest accounts, |
replacement or operating reserves, cost
of issuance |
accounts and sinking funds,
and the regulation, |
investment, and disposition thereof;
|
(3) Limitations on the purposes to which or the |
investments in which the
proceeds of sale of any issue of |
bonds or the Authority's revenues and
receipts may be |
applied or made;
|
(4) Limitations on the issue of additional bonds, the |
terms upon which
additional bonds may be issued and |
secured, the terms upon which additional
bonds may rank on |
a parity with, or be subordinate or superior to, other |
bonds;
|
|
(5) The refunding, advance refunding or refinancing of |
outstanding bonds;
|
(6) The procedure, if any, by which the terms of any |
contract with
bondholders may be altered or amended and |
the amount of bonds and holders
of which must consent |
thereto, and the manner in which consent shall be given;
|
(7) Defining the acts or omissions which shall |
constitute a default in
the duties of the Authority to |
holders of bonds and providing the rights or
remedies of |
such holders in the event of a default which may include
|
provisions restricting individual right of action by |
bondholders;
|
(8) Providing for guarantees, pledges of property, |
letters of credit, or
other security, or insurance for the |
benefit of bondholders; and
|
(9) Any other matter relating to the bonds which the |
Authority determines
appropriate.
|
(C) No member of the Authority nor any person executing |
the bonds shall
be liable personally on the bonds or subject to |
any personal liability by
reason of the issuance of the bonds.
|
(D) The Authority may enter into agreements with agents, |
banks,
insurers, or others for the purpose of enhancing the |
marketability of or
security for its bonds.
|
(E) (1) A pledge by the Authority of revenues and receipts |
as security
for an issue of bonds or for the performance of its |
obligations under any
management agreement or assistance |
|
agreement shall be valid and binding
from
the time when the |
pledge is made.
|
(2) The revenues and receipts pledged shall immediately be |
subject
to the lien of the pledge without any physical |
delivery or further act, and
the lien of any pledge shall be |
valid and binding against any person having
any claim of any |
kind in tort, contract or otherwise against the Authority,
|
irrespective of whether the person has notice.
|
(3) No resolution, trust agreement, management agreement |
or assistance
agreement or any financing statement, |
continuation statement, or other
instrument adopted or entered |
into by the Authority need be filed or recorded
in any public |
record other than the records of the Authority in order to
|
perfect the lien against third persons, regardless of any |
contrary provision of
law.
|
(F) The Authority may issue bonds to refund, advance |
refund or
refinance any of its bonds then outstanding, |
including the payment of any
redemption premium and any |
interest accrued or to accrue to the earliest or
any |
subsequent date of redemption, purchase or maturity of the |
bonds.
Refunding or advance refunding bonds may be
issued for |
the public purposes of realizing savings in the effective |
costs
of debt service, directly or through a debt |
restructuring, for alleviating
impending or actual default, or |
for paying principal of, redemption
premium, if any, and |
interest on bonds as they mature or are subject to
redemption, |
|
and may be issued in one or more series in an
amount in excess |
of that of the bonds to be refunded.
|
(G) At no time shall the total outstanding bonds and notes |
of the
Authority issued under this Section 13 exceed (i)
|
$150,000,000 in connection with facilities owned by the |
Authority or in connection with other authorized corporate |
purposes of the Authority and (ii)
$399,000,000 in connection |
with facilities owned by a governmental owner other
than the |
Authority ; however, the limit on the total outstanding bond |
and notes set forth in this sentence shall not apply to any |
refunding or restructuring bonds issued by the Authority on |
and after the effective date of this amendatory Act of the |
102nd General Assembly but prior to December 31, 2024 . Bonds
|
which are being paid or retired by issuance, sale or
delivery |
of bonds or notes, and bonds or notes for which sufficient |
funds
have been deposited with the paying agent or trustee to |
provide for payment of
principal and interest thereon, and any |
redemption premium, as provided in
the authorizing resolution, |
shall not be considered outstanding for the
purposes of this |
paragraph.
|
(H) The bonds and notes of the Authority shall not be |
indebtedness of
the City of Chicago, of the State, or of any |
political subdivision of the
State other than the Authority. |
The bonds and notes of the Authority are
not general |
obligations of the State of Illinois or the City of Chicago, or
|
of any other political subdivision of the State other than the |
|
Authority,
and are not secured by a pledge of the full faith |
and credit of the State
of Illinois or the City of Chicago, or |
of any other political subdivision of
the State other than the |
Authority, and the holders of bonds and notes of
the Authority |
may not require the levy or imposition by the State or the
City |
of Chicago, or any other political subdivision of the State |
other than
the Authority, of any taxes or, except as provided |
in this Act, the
application of revenues or funds of the State |
of Illinois or the City of
Chicago or any other political |
subdivision of the State other than the
Authority to the
|
payment of bonds and notes of the Authority.
|
(I) In order to provide for the payment of debt service |
requirements
(including amounts for reserve funds and to pay |
the costs of credit
enhancements) on bonds issued pursuant to |
this Act, the Authority may
provide in any trust agreement |
securing such bonds for a pledge and
assignment of its right to |
all amounts to be received from the Illinois
Sports Facilities |
Fund and for a pledge and assignment (subject to the
terms of |
any management agreement or assistance agreement) of all taxes |
and
other amounts to be
received under Section 19 of this Act |
and may further provide by written
notice to the State |
Treasurer and State Comptroller
(which notice shall constitute |
a direction to those officers) for a direct
payment of these |
amounts to the trustee for its bondholders.
|
(J) The State of Illinois pledges to and agrees with the |
holders of
the bonds and notes of the Authority issued |
|
pursuant to this Act that the
State will not limit or alter the |
rights and powers vested in the Authority
by this Act so as to |
impair the terms of any contract made by the Authority
with |
such holders or in any way impair the rights and remedies of |
such
holders until such bonds and notes, together with |
interest thereon, with
interest on any unpaid installments of |
interest, and all costs and expenses
in connection with any |
action or proceedings by or on behalf of such
holders, are |
fully met and discharged. In addition, the State pledges to
|
and agrees with the holders of the bonds and notes of the |
Authority issued
pursuant to this Act that the State will not |
limit or alter the basis on
which State funds are to be |
allocated, deposited and paid to the Authority
as provided in |
this Act, or the use of such funds, so as to impair the
terms |
of any such contract. The Authority is authorized to include |
these
pledges and agreements of the State in any contract with |
the holders of
bonds or notes issued pursuant to this Section. |
Nothing in this amendatory Act of the 102nd General Assembly |
is intended to limit or alter the rights and powers of the |
Authority so as to impair the terms of any contract made by the |
Authority with the holders of the bonds and notes of the |
Authority issued pursuant to this Act.
|
(Source: P.A. 91-935, eff. 6-1-01.)
|
ARTICLE 7. LAW ENFORCEMENT TRAINING |
|
Section 7-5. The Illinois Motor Vehicle Theft Prevention |
and Insurance Verification Act is amended by adding Section |
8.6 as follows: |
(20 ILCS 4005/8.6 new) |
Sec. 8.6. State Police Training and Academy Fund; Law |
Enforcement Training Fund. Before April 1 of each year, each |
insurer engaged in writing private passenger motor vehicle |
insurance coverage that is included in Class 2 and Class 3 of |
Section 4 of the Illinois Insurance Code, as a condition of its |
authority to transact business in this State, shall collect |
and remit to the Department of Insurance an amount equal to $4, |
or a lesser amount determined by the Illinois Law Enforcement |
Training Board by rule, multiplied by the insurer's total |
earned car years of private passenger motor vehicle insurance |
policies providing physical damage insurance coverage written |
in this State during the preceding calendar year. Of the |
amounts collected under this Section, the Department of |
Insurance shall deposit 10% into the State Police Training and |
Academy Fund and 90% into the Law Enforcement Training Fund. |
Section 7-10. The State Finance Act is amended by adding |
Sections 5.935, 5.936, 6z-125, and 6z-126 as follows: |
(30 ILCS 105/5.935 new) |
Sec. 5.935. The State Police Training and Academy Fund. |
|
(30 ILCS 105/5.936 new) |
Sec. 5.936. The Law Enforcement Training Fund. |
(30 ILCS 105/6z-125 new) |
Sec. 6z-125. State Police Training and Academy Fund. The |
State Police Training and Academy Fund is hereby created as a |
special fund in the State treasury. Moneys in the Fund shall |
consist of: (i) 10% of the revenue from increasing the |
insurance producer license fees, as provided under subsection |
(a-5) of Section 500-135 of the Illinois Insurance Code; and |
(ii) 10% of the moneys collected from auto insurance policy |
fees under Section 8.6 of the Illinois Motor Vehicle Theft |
Prevention and Insurance Verification Act. This Fund shall be |
used by the Illinois State Police to fund training and other |
State Police institutions, including, but not limited to, |
forensic laboratories. |
(30 ILCS 105/6z-126 new) |
Sec. 6z-126. Law Enforcement Training Fund. The Law |
Enforcement Training Fund is hereby created as a special fund |
in the State treasury. Moneys in the Fund shall consist of: (i) |
90% of the revenue from increasing the insurance producer |
license fees, as provided under subsection (a-5) of Section |
500-135 of the Illinois Insurance Code; and (ii) 90% of the |
moneys collected from auto insurance policy fees under Section |
|
8.6 of the Illinois Motor Vehicle Theft Prevention and |
Insurance Verification Act. This Fund shall be used by the |
Illinois Law Enforcement Training and Standards Board to fund |
law enforcement certification compliance and the development |
and provision of basic courses by Board-approved academics, |
and in-service courses by approved academies. |
Section 7-15. The Illinois Insurance Code is amended by |
changing Section 500-135 as follows:
|
(215 ILCS 5/500-135)
|
(Section scheduled to be repealed on January 1, 2027)
|
Sec. 500-135. Fees.
|
(a) The fees required by this Article are as follows:
|
(1) a fee of $215 $180 for a person who is a resident |
of Illinois, and $380 $250
for a person who is not a |
resident of Illinois, payable once every 2
years for an |
insurance
producer
license;
|
(2) a fee of $50 for the issuance of a temporary |
insurance
producer
license;
|
(3) a fee of $150 payable once every 2 years for a |
business
entity;
|
(4) an annual $50 fee for a limited
line producer |
license issued under items (1)
through (8) of subsection |
(a) of Section 500-100;
|
(5) a $50 application fee for the processing of a |
|
request to
take the
written
examination for an insurance |
producer license;
|
(6) an annual registration fee of $1,000 for |
registration of
an
education provider;
|
(7) a certification fee of $50 for each certified
|
pre-licensing or
continuing
education course and an annual |
fee of $20 for renewing the
certification of
each such
|
course;
|
(8) a fee of $215 $180 for a person who is a resident |
of Illinois, and $380 $250
for a person who is not a |
resident of Illinois, payable once every 2
years for a car |
rental
limited line
license;
|
(9) a fee of $200 payable once every 2 years for a |
limited
lines license
other
than the licenses issued under |
items (1) through (8) of subsection (a) of
Section
|
500-100, a
car rental limited line license, or a |
self-service storage facility limited
line license;
|
(10) a fee of $50 payable once every 2 years for a |
self-service storage
facility limited line license.
|
(a-5) Beginning on July 1, 2021, an amount equal to the |
additional amount of revenue collected under paragraphs (1) |
and (8) of subsection (a) as a result of the increase in the |
fees under this amendatory Act of the 102nd General Assembly |
shall be transferred annually, with 10% of that amount paid |
into the State Police Training and Academy Fund and 90% of that |
amount paid into the Law Enforcement Training Fund. |
|
(b) Except as otherwise provided, all
fees paid to and |
collected by the Director under
this Section shall be paid |
promptly after receipt thereof, together with a
detailed |
statement of
such fees, into a special fund in the State |
Treasury to be known as the
Insurance Producer
Administration |
Fund. The moneys deposited into the Insurance Producer
|
Administration Fund
may be used only for payment of the |
expenses of the Department in the
execution,
administration, |
and enforcement of the insurance laws of this State, and shall
|
be appropriated as
otherwise provided by law for the payment |
of those expenses with first priority
being any
expenses |
incident to or associated with the administration and |
enforcement of
this Article.
|
(Source: P.A. 98-159, eff. 8-2-13 .)
|
ARTICLE 8. INVEST IN KIDS |
Section 8-5. The Illinois Administrative Procedure Act is |
amended by adding Section 5-45.13 as follows: |
(5 ILCS 100/5-45.13 new) |
Sec. 5-45.13. Emergency rulemaking; Invest in Kids. To |
provide for the expeditious and timely implementation of the |
changes made to Sections 5 and 10 of, and the addition of |
Section 7.5 to, the Invest in Kids Act by this amendatory Act |
of the 102nd General Assembly, emergency rules implementing |
|
the changes made to Sections 5 and 10 of, and the addition of |
Section 7.5 to, the Invest in Kids Act by this amendatory Act |
of the 102nd General Assembly may be adopted by the Department |
of Revenue in accordance with Section 5-45. The adoption of |
emergency rules authorized by Section 5-45 and this Section is |
deemed to be necessary for the public interest, safety, and |
welfare. |
This Section is repealed one year after the effective date |
of this amendatory Act of the 102nd General Assembly. |
Section 8-10. The Invest in Kids Act is amended by |
changing Sections 5, 10, and 65 and by adding Section 7.5 as |
follows: |
(35 ILCS 40/5) |
(Section scheduled to be repealed on January 1, 2024)
|
Sec. 5. Definitions. As used in this Act: |
"Authorized contribution" means the contribution amount |
that is listed on the contribution authorization certificate |
issued to the taxpayer.
|
"Board" means the State Board of Education.
|
"Contribution" means a donation made by the taxpayer |
during the taxable year for providing scholarships as provided |
in this Act. |
"Custodian" means, with respect to eligible students, an |
Illinois resident who is a parent or legal guardian of the |
|
eligible student or students.
|
"Department" means the Department of Revenue. |
"Eligible student" means a child who:
|
(1) is a member of a household whose federal adjusted |
gross income the year before he or she
initially receives |
a scholarship under this program, as determined by the |
Department, does not exceed 300% of the federal poverty
|
level and, once the child receives a scholarship, does not |
exceed 400% of the federal poverty
level;
|
(2) is eligible to attend a public elementary school |
or high school in Illinois in the semester immediately |
preceding the semester for which he or she first receives |
a scholarship or is
starting school in Illinois for the |
first time when he or she first receives a scholarship; |
and
|
(3) resides in Illinois while receiving a scholarship. |
"Family member" means a parent, child, or sibling, whether |
by whole blood, half blood, or adoption; spouse; or stepchild. |
"Focus district" means a school district which has a |
school that is either (i) a school that has one or more |
subgroups in which the average student performance is at or |
below the State average for the lowest 10% of student |
performance in that subgroup or (ii) a school with an average |
graduation rate of less than 60% and not identified for |
priority.
|
"Jointly administered CTE program" means a program or set |
|
of programs within a non-public school located in Illinois, as |
determined by the State Board of Education pursuant to Section |
7.5 of this Act. |
"Necessary costs and fees" includes the customary charge |
for instruction and use of facilities in general
and the |
additional fixed fees charged for specified purposes that are |
required generally of non-scholarship recipients for each |
academic period for which the scholarship applicant actually |
enrolls, including costs associated with student assessments, |
but does not
include fees payable only once and other |
contingent deposits that are refundable in whole or in part. |
The Board may prescribe, by rules consistent with this Act, |
detailed provisions concerning the computation of necessary |
costs and fees.
|
"Scholarship granting organization" means an entity that:
|
(1) is exempt from taxation under Section 501(c)(3) of |
the Internal Revenue Code;
|
(2) uses at least 95% of the qualified contributions |
received during a taxable year for scholarships;
|
(3) provides scholarships to students according to the |
guidelines of this Act;
|
(4) deposits and holds qualified contributions and any |
income derived from qualified contributions
in an account |
that is separate from the organization's operating fund or |
other funds until such qualified contributions or income |
are withdrawn for use; and
|
|
(5) is approved to issue certificates of receipt.
|
"Technical academy" means a non-public school located in |
Illinois that: (1) registers with the Board pursuant to |
Section 2-3.25 of the School Code; and (2) operates or will |
operate a jointly administered CTE program as the primary |
focus of the school. To maintain its status as a technical |
academy, the non-public school must obtain recognition from |
the Board pursuant to Section 2-3.25o of the School Code |
within 2 calendar years of its registration with the Board. |
"Qualified contribution" means the authorized contribution |
made by a taxpayer to a scholarship granting organization for |
which the taxpayer has received a certificate of receipt from |
such organization.
|
"Qualified school" means a non-public school located in |
Illinois and recognized by the Board pursuant to Section |
2-3.25o of the School Code.
|
"Scholarship" means an educational scholarship awarded to |
an eligible student to attend a qualified school
of their |
custodians' choice in an amount not exceeding the necessary |
costs and fees to attend that school.
|
"Taxpayer" means any individual, corporation, partnership, |
trust, or other entity subject to the Illinois income tax. For |
the purposes of this Act, 2 individuals filing a joint return |
shall be considered one taxpayer.
|
(Source: P.A. 100-465, eff. 8-31-17.) |
|
(35 ILCS 40/7.5 new) |
Sec. 7.5. Determination of jointly-administered CTE |
programs. |
(a) Upon its own motion, or upon petition from a qualified |
school or technical academy, the State Board of Education |
shall determine whether a program or set of programs offered |
or proposed by a qualified school or technical academy |
provides coursework and training in career and technical |
education pathways aligned to industry-recognized |
certifications and credentials. The State Board of Education |
shall make that determination based upon whether the |
industry-recognized certifications or credentials that are the |
focus of a qualified school or technical academy's coursework |
and training program or set of programs (i) are associated |
with an occupation determined to fall under the LEADING or |
EMERGING priority sectors as determined through Illinois' |
Workforce Innovation and Opportunity Act Unified State Plan |
and (ii) provide wages that are at least 70% of the average |
annual wage in the State, as determined by the United States |
Bureau of Labor Statistics. |
(b) The State Board of Education shall publish a list of |
approved jointly administered CTE programs on its website and |
otherwise make that list available to the public. A qualified |
school or technical academy may petition the State Board of |
Education to obtain a determination that a proposed program or |
set of programs that it seeks to offer qualifies as a jointly |
|
administered CTE program under subsection (a) of this Section. |
A petitioner shall file one original petition in the form |
provided by the State Board of Education and in the manner |
specified by the State Board of Education. The petitioner may |
withdraw his or her petition by submitting a written statement |
to the State Board of Education indicating withdrawal. The |
State Board of Education shall approve or deny a petition |
within 180 days of its submission and, upon approval, shall |
proceed to add the program or set of programs to the list of |
approved jointly administered CTE programs. The approval or |
denial of any petition is a final decision of the Board, |
subject to judicial review under the Administrative Review |
Law. Jurisdiction and venue are vested in the circuit court. |
(c) The State Board of Education shall evaluate the |
approved jointly administered CTE programs under this Section |
once every 5 years. At this time, the State Board of Education |
shall determine whether these programs continue to meet the |
requirements set forth in subsection (a) of this Section. |
(35 ILCS 40/10) |
(Section scheduled to be repealed on January 1, 2024)
|
Sec. 10. Credit awards. |
(a) The Department shall award credits against the tax |
imposed under subsections (a) and (b) of Section 201 of the |
Illinois Income Tax Act to taxpayers who make qualified |
contributions. For contributions made under this Act, the |
|
credit shall be equal to 75% of the total amount of
qualified |
contributions made by the taxpayer during a taxable year, not |
to exceed a credit of $1,000,000 per taxpayer.
|
(b) The aggregate amount of all credits the Department may |
award under this Act in any calendar year may not exceed |
$75,000,000. |
(c) Contributions made by corporations (including |
Subchapter S corporations), partnerships, and trusts under |
this Act may not be directed to a particular subset of schools, |
a particular school, a particular group of students, or a |
particular student.
Contributions made by individuals under |
this Act may be directed to a particular subset of schools or a |
particular school but may not be directed to a particular |
group of students or a particular student. |
(d) No credit shall be taken under this Act for any |
qualified contribution for which the taxpayer claims a federal |
income tax deduction. |
(e) Credits shall be awarded in a manner, as determined by |
the Department, that is geographically proportionate to |
enrollment in recognized non-public schools in Illinois. If |
the cap on the aggregate credits that may be awarded by the |
Department is not reached by June 1 of a given year, the |
Department shall award remaining credits on a first-come, |
first-served basis, without regard to the limitation of this |
subsection.
|
(f) Credits awarded for donations made to a technical |
|
academy shall be awarded without regard to subsection (e), but |
shall not exceed 15% of the annual statewide program cap. For |
the purposes of this subsection, "technical academy" means a |
technical academy that is registered with the Board within 30 |
days after the effective date of this amendatory Act of the |
102nd General Assembly. |
(Source: P.A. 100-465, eff. 8-31-17.) |
(35 ILCS 40/65) |
(Section scheduled to be repealed on January 1, 2024)
|
Sec. 65. Credit period; repeal. |
(a) A taxpayer may take a credit under this Act for tax |
years beginning on or after January 1, 2018 and ending before |
January 1, 2024 2023 . A taxpayer may not take a credit pursuant |
to this Act for tax years beginning on or after January 1, 2024 |
2023 .
|
(b) This Act is repealed on January 1, 2025 2024 .
|
(Source: P.A. 100-465, eff. 8-31-17.)
|
ARTICLE 9. STATE TREASURER'S CAPITAL FUND |
Section 9-5. The State Treasurer Act is amended by |
changing Section 35 as follows: |
(15 ILCS 505/35) |
Sec. 35. State Treasurer may purchase real property. |
|
(a) Subject to the provisions of the Public Contract Fraud |
Act , the State Treasurer, on behalf of the State of Illinois, |
is authorized during State fiscal years 2019 and 2020 to |
acquire real property located in the City of Springfield, |
Illinois which the State Treasurer deems necessary to properly |
carry out the powers and duties vested in him or her. Real |
property acquired under this Section may be acquired subject |
to any third party interests in the property that do not |
prevent the State Treasurer from exercising the intended |
beneficial use of such property. |
(b) Subject to the provisions of the Treasurer's |
Procurement Rules, which shall be substantially in accordance |
with the requirements of the Illinois Procurement Code, the |
State Treasurer may: |
(1) enter into contracts relating to construction, |
reconstruction or renovation projects for any such |
buildings or lands acquired pursuant to subsection |
paragraph (a); and |
(2) equip, lease, operate and maintain those grounds, |
buildings and facilities as may be appropriate to carry |
out his or her statutory purposes and duties. |
(c) The State Treasurer may enter into agreements with any |
person with respect to the use and occupancy of the grounds, |
buildings, and facilities of the State Treasurer, including |
concession, license, and lease agreements on terms and |
conditions as the State Treasurer determines and in accordance |
|
with the procurement processes for the Office of the State |
Treasurer, which shall be substantially in accordance with the |
requirements of the Illinois Procurement Code. |
(d) The exercise of the authority vested in the Treasurer |
by this Section is subject to the appropriation of the |
necessary funds.
|
(e) State Treasurer's Capital Fund. |
(1) The State Treasurer's Capital Fund is created as a |
trust fund in the State treasury. Moneys in the Fund shall |
be utilized by the State Treasurer in the exercise of the |
authority vested in the Treasurer by subsection (b) of |
this Section. All interest earned by the investment or |
deposit of moneys accumulated in the Fund shall be |
deposited into the Fund. |
(2) Moneys in the State Treasurer's Capital Fund are |
subject to appropriation by the General Assembly. |
(3) The State Treasurer may transfer amounts from the |
State Treasurer's Administrative Fund and from the |
Unclaimed Property Trust Fund to the State Treasurer's |
Capital Fund. In no fiscal year may the total of such |
transfers exceed $250,000. The State Treasurer may accept |
gifts, grants, donations, federal funds, or other revenues |
or transfers for deposit into the State Treasurer's |
Capital Fund. |
(4) After the effective date of this amendatory Act of |
the 102nd General Assembly and prior to July 1, 2022 the |
|
State Treasurer and State Comptroller shall transfer from |
the CDB Special Projects Fund to the State Treasurer's |
Capital Fund an amount equal to the unexpended balance of |
funds transferred by the State Treasurer to the CDB |
Special Projects Fund in 2019 and 2020 pursuant to an |
intergovernmental agreement between the State Treasurer |
and the Capital Development Board. |
(Source: P.A. 101-487, eff. 8-23-19; revised 11-21-19.) |
Section 9-10. The State Finance Act is amended by adding |
Section 5.940 as follows: |
(30 ILCS 105/5.940 new) |
Sec. 5.940. The State Treasurer's Capital Fund. |
ARTICLE 10. AMENDATORY PROVISIONS |
Section 10-5. The Illinois Administrative Procedure Act is |
amended by adding Section 5-45.12 as follows: |
(5 ILCS 100/5-45.12 new) |
Sec. 5-45.12. Emergency rulemaking; Coronavirus Vaccine |
Incentive Public Health Promotion. To provide for the |
expeditious and timely implementation of the Coronavirus |
Vaccine Incentive Public Health Promotion authorized by this |
amendatory Act of the 102nd General Assembly in Section 21.14 |
|
of the Illinois Lottery Law and Section 2310-628 of the |
Department of Public Health Powers and Duties Law, emergency |
rules implementing the public health promotion may be adopted |
by the Department of the Lottery and the Department of Public |
Health in accordance with Section 5-45. The adoption of |
emergency rules authorized by Section 5-45 and this Section is |
deemed to be necessary for the public interest, safety, and |
welfare. |
This Section is repealed one year after the effective date |
of this amendatory Act of the 102nd General Assembly. |
Section 10-10. The Department of Commerce and Economic |
Opportunity Law of the
Civil Administrative Code of Illinois |
is amended by changing Section 605-415 and by adding Sections |
605-418 and 605-1065 as follows:
|
(20 ILCS 605/605-415)
|
Sec. 605-415. Job Training and Economic Development Grant |
Program.
|
(a) Legislative findings. The General Assembly finds that:
|
(1) Despite the large number of unemployed job |
seekers, many employers
are having difficulty matching the |
skills they require with the skills of
workers; a similar |
problem exists in industries where overall employment
may |
not be expanding but there is an acute need for skilled |
workers in
particular occupations.
|
|
(2) The State of Illinois should foster local economic |
development by
linking the job training of unemployed |
disadvantaged citizens with the
workforce needs of local |
business and industry.
|
(3) Employers often need assistance in developing |
training resources
that will provide work opportunities |
for individuals that are under-represented and or have |
barriers to participating in the workforce disadvantaged |
populations .
|
(b) Definitions. As used in this Section:
|
"Eligible Entities" means employers, private nonprofit |
organizations (which may include a faith-based organization) |
federal Workforce Innovation and Opportunity Act (WIOA) |
administrative entities, Community Action Agencies, industry |
associations, and public or private educational institutions, |
that have demonstrated expertise and effectiveness in |
administering workforce development programs. |
"Target population" means persons who are unemployed, |
under-employed, or under-represented that have one or more |
barriers to employment as defined for "individual with a |
barrier to employment" in the federal Workforce Innovation and |
Opportunity Act ("WIOA"), 29 U.S.C. 3102(24). |
"Eligible Training Provider" means an organization, such |
as a public or private college or university, an industry |
association, registered apprenticeship program or a |
community-based organization that is approved to provide |
|
training services by the appropriate accrediting body. |
"Barrier Reduction Funding" means flexible funding through |
a complementary grant agreement, contract, or budgetary line |
to increase family stability and job retention by covering |
accumulated emergency costs for basic needs, such as |
housing-related expenses (rent, utilities, etc.), |
transportation, child care, digital technology needs, |
education needs, mental health services, substance abuse |
services, income support, and work-related supplies that are |
not typically covered by programmatic supportive services. |
"Youth" means an individual aged 16-24 who faces one or |
more barriers to education, training, and employment. |
"Community based provider" means a not-for-profit |
organization, with local
boards of directors, that directly |
provides job training services.
|
"Disadvantaged persons" has the same meaning as in
Titles |
II-A and II-C of the federal Job Training Partnership
Act.
|
"Training partners" means a community-based provider and |
one or more
employers who have established training and |
placement linkages.
|
(c) The Job Training and Economic Development (JTED) Grant |
Program may leverage funds from lump sum appropriations with |
an aligning purpose and funds appropriated specifically for |
the JTED program. Expenditures from an appropriation of funds |
from the State CURE Fund shall be for purposes permitted by |
Section 9901 of the American Rescue Plan Act of 2021, and all |