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Public Act 103-0008 | ||||
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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. | ||||
Section 1-1. Short Title. This Act may be cited as the FY | ||||
2024 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 2024. | ||||
ARTICLE 3. | ||||
Section 3-5. Short title. This Article may be cited as the | ||||
Council of State Governments Act. As used in this Article, | ||||
"this Act" refers to this Article. | ||||
Section 3-10. Participation in Council of State | ||||
Governments. The majority and minority leadership of the | ||||
Senate and the House of Representatives, as well as members of | ||||
appropriate legislative committees and commissions, as | ||||
determined by such leadership, may annually attend appropriate | ||||
meetings of the Council of State Governments as |
representatives of the General Assembly of the State of | ||
Illinois and may pay such annual membership fee as may be | ||
required to maintain membership in that organization. | ||
ARTICLE 5. | ||
Section 5-5. The State Employees Group Insurance Act of | ||
1971 is amended by changing Sections 6.9 and 6.10 as follows:
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(5 ILCS 375/6.9)
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Sec. 6.9. Health benefits for community college benefit | ||
recipients and
community college dependent beneficiaries. | ||
(a) Purpose. It is the purpose of this amendatory Act of | ||
1997 to establish
a uniform program of health benefits for | ||
community college benefit recipients
and their dependent | ||
beneficiaries under the administration of the Department of
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Central Management Services.
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(b) Creation of program. Beginning July 1, 1999, the | ||
Department of
Central Management Services shall be responsible | ||
for administering a program of
health benefits for community | ||
college benefit recipients and community college
dependent | ||
beneficiaries under this Section. The State Universities | ||
Retirement
System and the boards of trustees of the various | ||
community college districts
shall cooperate with the | ||
Department in this endeavor.
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(c) Eligibility. All community college benefit recipients |
and community
college dependent beneficiaries shall be | ||
eligible to participate in the program
established under this | ||
Section, without any interruption or delay in coverage
or | ||
limitation as to pre-existing medical conditions. Eligibility | ||
to
participate shall be determined by the State Universities | ||
Retirement System.
Eligibility information shall be | ||
communicated to the Department of Central
Management Services | ||
in a format acceptable to the Department.
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Eligible community college benefit recipients may enroll | ||
or re-enroll in the program of health benefits established | ||
under this Section during any applicable annual open | ||
enrollment period and as otherwise permitted by the Department | ||
of Central Management Services. A community college benefit | ||
recipient shall not be deemed ineligible to participate solely | ||
by reason of the community college benefit recipient having | ||
made a previous election to disenroll or otherwise not | ||
participate in the program of health benefits. | ||
(d) Coverage. The health benefit coverage provided under | ||
this Section
shall be a program of health, dental, and vision | ||
benefits.
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The program of health benefits under this Section may | ||
include any or all of
the benefit limitations, including but | ||
not limited to a reduction in benefits
based on eligibility | ||
for federal Medicare benefits, that are provided under
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subsection (a) of Section 6 of this Act for other health | ||
benefit programs under
this Act.
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(e) Insurance rates and premiums. The Director shall | ||
determine the
insurance rates and premiums for community | ||
college benefit recipients and
community college dependent | ||
beneficiaries and shall present to the State Universities | ||
Retirement System, by April 15 of each calendar year, the | ||
rate-setting methodology (including, but not limited to, | ||
utilization levels and costs) used to determine the insurance | ||
rates and premiums . Rates and premiums may be based
in part on | ||
age and eligibility for federal Medicare coverage.
The | ||
Director shall also determine premiums that will allow for the
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establishment of an actuarially sound reserve for this | ||
program.
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The cost of health benefits under the program shall be | ||
paid as follows:
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(1) For a community college benefit recipient, up to | ||
75% of the total
insurance rate shall be paid from the | ||
Community College Health Insurance
Security Fund.
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(2) The balance of the rate of insurance, including | ||
the entire premium
for any coverage for community college | ||
dependent beneficiaries that has been
elected, shall be | ||
paid by deductions authorized by the community college
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benefit recipient to be withheld from his or her monthly | ||
annuity or benefit
payment from the State Universities | ||
Retirement System; except that (i) if the
balance of the | ||
cost of coverage exceeds the amount of the monthly annuity | ||
or
benefit payment, the difference shall be paid directly |
to the State
Universities Retirement System by the | ||
community college benefit recipient, and
(ii) all or part | ||
of the balance of the cost of coverage may, at the option | ||
of
the board of trustees of the community college | ||
district, be paid to
the State Universities Retirement | ||
System by the board of the community college
district from | ||
which the community college benefit recipient retired. The | ||
State
Universities Retirement System shall promptly | ||
deposit all moneys withheld by or
paid to it under this | ||
subdivision (e)(2) into the Community College Health
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Insurance Security Fund. These moneys shall not be | ||
considered assets of the
State Universities Retirement | ||
System.
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(f) Financing. All revenues arising from the | ||
administration of the health
benefit program established under | ||
this Section shall be deposited into the
Community College | ||
Health Insurance Security Fund, which is hereby created as a
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nonappropriated trust fund to be held outside the State | ||
Treasury, with the
State Treasurer as custodian. Any interest | ||
earned on moneys in the Community
College Health Insurance | ||
Security Fund shall be deposited into the Fund.
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Moneys in the Community College Health Insurance Security | ||
Fund shall be used
only to pay the costs of the health benefit | ||
program established under this
Section, including associated | ||
administrative costs and the establishment of a
program | ||
reserve. Beginning January 1, 1999,
the Department of Central |
Management Services may make expenditures from the
Community | ||
College Health Insurance Security Fund for those costs.
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(g) Contract for benefits. The Director shall by contract, | ||
self-insurance,
or otherwise make available the program of | ||
health benefits for community
college benefit recipients and | ||
their community college dependent beneficiaries
that is | ||
provided for in this Section. The contract or other | ||
arrangement for
the provision of these health benefits shall | ||
be on terms deemed by the Director
to be in the best interest | ||
of the State of Illinois and the community college
benefit | ||
recipients based on, but not limited to, such criteria as
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administrative cost, service capabilities of the carrier or | ||
other contractor,
and the costs of the benefits.
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(h) Continuation of program. It is the intention of the | ||
General Assembly
that the program of health benefits provided | ||
under this Section be maintained
on an ongoing, affordable | ||
basis. The program of health benefits provided under
this | ||
Section may be amended by the State and is not intended to be a | ||
pension or
retirement benefit subject to protection under | ||
Article XIII, Section 5 of the
Illinois Constitution.
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(i) Other health benefit plans. A health benefit plan | ||
provided by a
community college district (other than a | ||
community college district subject to
Article VII of the | ||
Public Community College Act) under the terms of a
collective | ||
bargaining agreement in effect on or prior to the effective | ||
date of
this amendatory Act of 1997 shall continue in force |
according to the terms of
that agreement, unless otherwise | ||
mutually agreed by the parties to that
agreement and the | ||
affected retiree.
A community college benefit recipient or | ||
community college dependent
beneficiary whose coverage under | ||
such a plan expires shall be eligible to begin
participating | ||
in the program established under this Section without any
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interruption or delay in coverage or limitation as to | ||
pre-existing medical
conditions.
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This Act does not prohibit any community college district | ||
from offering
additional health benefits for its retirees or | ||
their dependents or survivors.
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(j) Committee. A Community College Insurance Program | ||
Committee shall be established and shall consist of the | ||
following 7 members who are appointed by the Governor: 2 | ||
members who represent organized labor and are each members of | ||
different unions; one member who represents community college | ||
retirees; one member who represents community college | ||
trustees; one member who represents community college | ||
presidents; one member who represents the Illinois Community | ||
College Board; and one ex officio member who represents the | ||
State Universities Retirement System. The Department of | ||
Central Management Services shall provide administrative | ||
support to the Committee. The Committee shall convene at least | ||
4 times each year and shall review and make recommendations on | ||
program contribution rates once the program is forecasted to | ||
have satisfied the outstanding program debt existing on June |
30, 2023 and is operating on a no-hold payment cycle. | ||
(Source: P.A. 100-1017, eff. 8-21-18.)
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(5 ILCS 375/6.10)
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Sec. 6.10. Contributions to the Community College Health | ||
Insurance
Security Fund. | ||
(a) Beginning January 1, 1999 and through June 30, 2023 , | ||
every active contributor of the State
Universities Retirement | ||
System (established under Article 15 of the Illinois
Pension | ||
Code) who (1) is a full-time employee of a community college | ||
district
(other than a community college district subject to | ||
Article VII of the Public
Community College Act)
or an | ||
association of community college boards and (2) is not an | ||
employee as
defined in Section 3 of this Act shall make | ||
contributions toward the cost of
community college annuitant | ||
and survivor health benefits at the rate of 0.50%
of salary. | ||
Beginning July 1, 2023 and through June 30, 2024, the | ||
contribution rate shall be 0.75% of salary. Beginning July 1, | ||
2024 and through June 30, 2026, the contribution rate shall be | ||
a percentage of salary to be determined by the Department of | ||
Central Management Services, which in each fiscal year shall | ||
not exceed a 0.1 percentage point increase in the amount of | ||
salary actually required to be contributed for the previous | ||
fiscal year. Beginning July 1, 2026, the contribution rate | ||
shall be a percentage of salary to be determined by the | ||
Department of Central Management Services, which in each |
fiscal year shall not exceed 105% of the percentage of salary | ||
actually required to be contributed for the previous fiscal | ||
year.
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These contributions shall be deducted by the employer and | ||
paid to the State
Universities Retirement System as service | ||
agent for the Department of Central
Management Services. The | ||
System may use the same processes for collecting the
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contributions required by this subsection that it uses to | ||
collect the
contributions received from those employees under | ||
Section 15-157 of the
Illinois Pension Code. An employer may | ||
agree to pick up or pay the
contributions required under this | ||
subsection on behalf of the employee;
such contributions shall | ||
be deemed to have been paid by the employee.
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The State Universities Retirement System shall promptly | ||
deposit all moneys
collected under this subsection (a) into | ||
the Community College Health Insurance
Security Fund created | ||
in Section 6.9 of this Act. The moneys collected under
this | ||
Section shall be used only for the purposes authorized in | ||
Section 6.9 of
this Act and shall not be considered to be | ||
assets of the State Universities
Retirement System. | ||
Contributions made under this Section are not transferable
to | ||
other pension funds or retirement systems and are not | ||
refundable upon
termination of service.
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(b) Beginning January 1, 1999 and through June 30, 2023 , | ||
every community college district
(other than a community | ||
college district subject to Article VII of the Public
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Community College Act) or association
of community college | ||
boards that is an employer under the State Universities
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Retirement System shall contribute toward the cost of the | ||
community college
health benefits provided under Section 6.9 | ||
of this Act an amount equal to 0.50%
of the salary paid to its | ||
full-time employees who participate in the State
Universities | ||
Retirement System and are not members as defined in Section 3 | ||
of
this Act. Beginning July 1, 2023 and through June 30, 2024, | ||
the contribution rate shall be 0.75% of the salary. Beginning | ||
July 1, 2024 and through June 30, 2026, the contribution rate | ||
shall be a percentage of salary to be determined by the | ||
Department of Central Management Services, which in each | ||
fiscal year shall not exceed a 0.1 percentage point increase | ||
in the amount of salary actually required to be contributed | ||
for the previous fiscal year. Beginning July 1, 2026, the | ||
contribution rate shall be a percentage of salary to be | ||
determined by the Department of Central Management Services, | ||
which in each fiscal year shall not exceed 105% of the | ||
percentage of salary actually required to be contributed for | ||
the previous fiscal year.
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These contributions shall be paid by the employer to the | ||
State Universities
Retirement System as service agent for the | ||
Department of Central Management
Services. The System may use | ||
the same processes for collecting the
contributions required | ||
by this subsection that it uses to collect the
contributions | ||
received from those employers under Section 15-155 of the
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Illinois Pension Code.
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The State Universities Retirement System shall promptly | ||
deposit all moneys
collected under this subsection (b) into | ||
the Community College Health Insurance
Security Fund created | ||
in Section 6.9 of this Act. The moneys collected under
this | ||
Section shall be used only for the purposes authorized in | ||
Section 6.9 of
this Act and shall not be considered to be | ||
assets of the State Universities
Retirement System. | ||
Contributions made under this Section are not transferable
to | ||
other pension funds or retirement systems and are not | ||
refundable upon
termination of service.
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The Department of Central Management Services, or any | ||
successor agency designated to procure healthcare contracts | ||
pursuant to this Act, is authorized to establish funds, | ||
separate accounts provided by any bank or banks as defined by | ||
the Illinois Banking Act, or separate accounts provided by any | ||
savings and loan association or associations as defined by the | ||
Illinois Savings and Loan Act of 1985 to be held by the | ||
Director, outside the State treasury, for the purpose of | ||
receiving the transfer of moneys from the Community College | ||
Health Insurance Security Fund. The Department may promulgate | ||
rules further defining the methodology for the transfers. Any | ||
interest earned by moneys in the funds or accounts shall inure | ||
to the Community College Health Insurance Security Fund. The | ||
transferred moneys, and interest accrued thereon, shall be | ||
used exclusively for transfers to administrative service |
organizations or their financial institutions for payments of | ||
claims to claimants and providers under the self-insurance | ||
health plan. The transferred moneys, and interest accrued | ||
thereon, shall not be used for any other purpose including, | ||
but not limited to, reimbursement of administration fees due | ||
the administrative service organization pursuant to its | ||
contract or contracts with the Department.
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(c) On or before November 15 of each year, the Board of | ||
Trustees of the
State Universities Retirement System shall | ||
certify to the Governor, the
Director of Central Management | ||
Services, and the State
Comptroller its estimate of the total | ||
amount of contributions to be paid under
subsection (a) of | ||
this Section for the next fiscal year. Beginning in fiscal | ||
year 2008, the amount certified shall be decreased or | ||
increased each year by the amount that the actual active | ||
employee contributions either fell short of or exceeded the | ||
estimate used by the Board in making the certification for the | ||
previous fiscal year. The State Universities Retirement System | ||
shall calculate the amount of actual active employee | ||
contributions in fiscal years 1999 through 2005. Based upon | ||
this calculation, the fiscal year 2008 certification shall | ||
include an amount equal to the cumulative amount that the | ||
actual active employee contributions either fell short of or | ||
exceeded the estimate used by the Board in making the | ||
certification for those fiscal years. The certification
shall | ||
include a detailed explanation of the methods and information |
that the
Board relied upon in preparing its estimate. As soon | ||
as possible after the
effective date of this Section, the | ||
Board shall submit its estimate for fiscal
year 1999.
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On or after the effective date of the changes made to this | ||
Section by this amendatory Act of the 103rd General Assembly, | ||
but no later than June 30, 2023, the Board shall recalculate | ||
and recertify to the Governor, the Director of Central | ||
Management Services, and the State Comptroller its estimate of | ||
the total amount of contributions to be paid under subsection | ||
(a) for State fiscal year 2024, taking into account the | ||
changes in required employee contributions made by this | ||
amendatory Act of the 103rd General Assembly. | ||
(d) Beginning in fiscal year 1999, on the first day of each | ||
month, or as
soon thereafter as may be practical, the State | ||
Treasurer and the State
Comptroller shall transfer from the | ||
General Revenue Fund to the Community
College Health Insurance | ||
Security Fund 1/12 of the annual amount appropriated
for that | ||
fiscal year to the State Comptroller for deposit into the | ||
Community
College Health Insurance Security Fund under Section | ||
1.4 of the State Pension
Funds Continuing Appropriation Act.
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(e) Except where otherwise specified in this Section, the | ||
definitions
that apply to Article 15 of the Illinois Pension | ||
Code apply to this Section.
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(Source: P.A. 98-488, eff. 8-16-13 .)
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Section 5-15. The State Treasurer Act is amended by |
changing Section 16.8 as follows: | ||
(15 ILCS 505/16.8) | ||
Sec. 16.8. Illinois Higher Education Savings Program. | ||
(a) Definitions. As used in this Section: | ||
"Beneficiary" means an eligible child named as a recipient | ||
of seed funds. | ||
"Eligible child" means a child born or adopted after | ||
December 31, 2022, to a parent who is a resident of Illinois at | ||
the time of the birth or adoption, as evidenced by | ||
documentation received by the Treasurer from the Department of | ||
Revenue, the Department of Public Health, or another State or | ||
local government agency. | ||
"Eligible educational institution" means institutions that | ||
are described in Section 1001 of the federal Higher Education | ||
Act of 1965 that are eligible to participate in Department of | ||
Education student aid programs. | ||
"Fund" means the Illinois Higher Education Savings Program | ||
Fund. | ||
"Omnibus account" means the pooled collection of seed | ||
funds owned and managed by the State Treasurer in the College | ||
Savings Pool under this Act. | ||
"Program" means the Illinois Higher Education Savings | ||
Program. | ||
"Qualified higher education expense" means the following: | ||
(i) tuition, fees, and the costs of books, supplies, and |
equipment required for enrollment or attendance at an eligible | ||
educational institution; (ii) expenses for special needs | ||
services, in the case of a special needs beneficiary, which | ||
are incurred in connection with such enrollment or attendance; | ||
(iii) certain expenses for the purchase of computer or | ||
peripheral equipment, computer software, or Internet access | ||
and related services as defined under Section 529 of the | ||
Internal Revenue Code; (iv) room and board expenses incurred | ||
while attending an eligible educational institution at least | ||
half-time; (v) expenses for fees, books, supplies, and | ||
equipment required for the participation of a designated | ||
beneficiary in an apprenticeship program registered and | ||
certified with the Secretary of Labor under the National | ||
Apprenticeship Act (29 U.S.C. 50); and (vi) amounts paid as | ||
principal or interest on any qualified education loan of the | ||
designated beneficiary or a sibling of the designated | ||
beneficiary, as allowed under Section 529 of the Internal | ||
Revenue Code. | ||
"Seed funds" means the deposit made by the State Treasurer | ||
into the Omnibus Accounts for Program beneficiaries. | ||
(b) Program established. The State Treasurer shall | ||
establish the Illinois Higher Education Savings Program as a | ||
part of the College Savings Pool under Section 16.5 of this | ||
Act, subject to appropriation by the General Assembly. The | ||
State Treasurer shall administer the Program for the purposes | ||
of expanding access to higher education through savings. |
(c) Program enrollment. The State Treasurer shall enroll | ||
all eligible children in the Program beginning in 2023, after | ||
receiving records of recent births, adoptions, or dependents | ||
from the Department of Revenue, the Department of Public | ||
Health, or another State or local government agency designated | ||
by the Treasurer. Notwithstanding any court order which would | ||
otherwise prevent the release of information, the Department | ||
of Public Health is authorized to release the information | ||
specified under this subsection (c) to the State Treasurer for | ||
the purposes of the Program established under this Section. | ||
(1) Beginning in 2021, the Department of Public Health | ||
shall provide the State Treasurer with information on | ||
recent Illinois births and adoptions including, but not | ||
limited to: the full name, residential address, birth | ||
date, and birth record number of the child and the full | ||
name and residential address of the child's parent or | ||
legal guardian for the purpose of enrolling eligible | ||
children in the Program. This data shall be provided to | ||
the State Treasurer by the Department of Public Health on | ||
a quarterly basis, no later than 30 days after the end of | ||
each quarter, or some other date and frequency as mutually | ||
agreed to by the State Treasurer and the Department of | ||
Public Health. | ||
(1.5) Beginning in 2021, the Department of Revenue | ||
shall provide the State Treasurer with information on tax | ||
filers claiming dependents or the adoption tax credit |
including, but not limited to: the full name, residential | ||
address, email address, phone number, birth date, and | ||
social security number or taxpayer identification number | ||
of the dependent child and of the child's parent or legal | ||
guardian for the purpose of enrolling eligible children in | ||
the Program. This data shall be provided to the State | ||
Treasurer by the Department of Revenue on at least an | ||
annual basis, by July 1 of each year or another date | ||
jointly determined by the State Treasurer and the | ||
Department of Revenue. Notwithstanding anything to the | ||
contrary contained within this paragraph (2), the | ||
Department of Revenue shall not be required to share any | ||
information that would be contrary to federal law, | ||
regulation, or Internal Revenue Service Publication 1075. | ||
(2) The State Treasurer shall ensure the security and | ||
confidentiality of the information provided by the | ||
Department of Revenue, the Department of Public Health, or | ||
another State or local government agency, and it shall not | ||
be subject to release under the Freedom of Information | ||
Act. | ||
(3) Information provided under this Section shall only | ||
be used by the State Treasurer for the Program and shall | ||
not be used for any other purpose. | ||
(4) The State Treasurer and any vendors working on the | ||
Program shall maintain strict confidentiality of any | ||
information provided under this Section, and shall |
promptly provide written or electronic notice to the | ||
providing agency of any security breach. The providing | ||
State or local government agency shall remain the sole and | ||
exclusive owner of information provided under this | ||
Section. | ||
(d) Seed funds. After receiving information on recent | ||
births, adoptions, or dependents from the Department of | ||
Revenue, the Department of Public Health, or another State or | ||
local government agency, the State Treasurer shall make | ||
deposits into an omnibus account on behalf of eligible | ||
children. The State Treasurer shall be the owner of the | ||
omnibus accounts. | ||
(1) Deposit amount. The seed fund deposit for each | ||
eligible child shall be in the amount of $50. This amount | ||
may be increased by the State Treasurer by rule. The State | ||
Treasurer may use or deposit funds appropriated by the | ||
General Assembly together with moneys received as gifts, | ||
grants, or contributions into the Fund. If insufficient | ||
funds are available in the Fund, the State Treasurer may | ||
reduce the deposit amount or forego deposits. | ||
(2) Use of seed funds. Seed funds, including any | ||
interest, dividends, and other earnings accrued, will be | ||
eligible for use by a beneficiary for qualified higher | ||
education expenses if: | ||
(A) the parent or guardian of the eligible child | ||
claimed the seed funds for the beneficiary by the |
beneficiary's 10th birthday; | ||
(B) the beneficiary has completed secondary | ||
education or has reached the age of 18; and | ||
(C) the beneficiary is currently a resident of the | ||
State of Illinois. Non-residents are not eligible to | ||
claim or use seed funds. | ||
(3) Notice of seed fund availability. The State | ||
Treasurer shall make a good faith effort to notify | ||
beneficiaries and their parents or legal guardians of the | ||
seed funds' availability and the deadline to claim such | ||
funds. | ||
(4) Unclaimed seed funds. Seed funds and any interest | ||
earnings that are unclaimed by the beneficiary's 10th | ||
birthday or unused by the beneficiary's 26th birthday will | ||
be considered forfeited. Unclaimed and unused seed funds | ||
and any interest earnings will remain in the omnibus | ||
account for future beneficiaries. | ||
(e) Financial education. The State Treasurer may develop | ||
educational materials that support the financial literacy of | ||
beneficiaries and their legal guardians, and may do so in | ||
collaboration with State and federal agencies, including, but | ||
not limited to, the Illinois State Board of Education and | ||
existing nonprofit agencies with expertise in financial | ||
literacy and education. | ||
(f) Supplementary deposits and partnerships. The State | ||
Treasurer may make supplementary deposits to children in |
financially insecure households if sufficient funds are | ||
available. Furthermore, the State Treasurer may develop | ||
partnerships with private, nonprofit, or governmental | ||
organizations to provide additional savings incentives, | ||
including conditional cash transfers or matching contributions | ||
that provide a savings incentive based on specific actions | ||
taken or other criteria. | ||
(g) Illinois Higher Education Savings Program Fund. The | ||
Illinois Higher Education Savings Program Fund is hereby | ||
established as a special fund in the State treasury. The Fund | ||
shall be the official repository of all contributions, | ||
appropriated funds, interest, and dividend payments, gifts, or | ||
other financial assets received by the State Treasurer in | ||
connection with the operation of the Program or related | ||
partnerships. All such moneys shall be deposited into in the | ||
Fund and held by the State Treasurer as custodian thereof. The | ||
State Treasurer may accept gifts, grants, awards, matching | ||
contributions, interest income, and appropriated funds from | ||
individuals, businesses, governments, and other third-party | ||
sources to implement the Program on terms that the Treasurer | ||
deems advisable. All interest or other earnings accruing or | ||
received on amounts in the Illinois Higher Education Savings | ||
Program Fund shall be credited to and retained by the Fund and | ||
used for the benefit of the Program. Assets of the Fund must at | ||
all times be preserved, invested, and expended only for the | ||
purposes of the Program and must be held for the benefit of the |
beneficiaries. Assets may not be transferred or used by the | ||
State or the State Treasurer for any purposes other than the | ||
purposes of the Program. In addition, no moneys, interest, or | ||
other earnings paid into the Fund shall be used, temporarily | ||
or otherwise, for inter-fund borrowing or be otherwise used or | ||
appropriated except as expressly authorized by this Act. | ||
Notwithstanding the requirements of this subsection (g), | ||
amounts in the Fund may be used by the State Treasurer to pay | ||
the administrative costs of the Program. | ||
(g-5) Fund deposits and payments. On July 15 of each year, | ||
beginning July 15, 2023, or as soon thereafter as practical, | ||
the State Comptroller shall direct and the State Treasurer | ||
shall transfer the sum of $2,500,000, or the amount that is | ||
appropriated annually by the General Assembly, whichever is | ||
greater, from the General Revenue Fund to the Illinois Higher | ||
Education Savings Program Fund to be used for the | ||
administration and operation of the Program. | ||
(h) Audits and reports. The State Treasurer shall include | ||
the Illinois Higher Education Savings Program as part of the | ||
audit of the College Savings Pool described in Section 16.5. | ||
The State Treasurer shall annually prepare a report that | ||
includes a summary of the Program operations for the preceding | ||
fiscal year, including the number of children enrolled in the | ||
Program, the total amount of seed fund deposits, the rate of | ||
seed deposits claimed, and, to the extent data is reported and | ||
available, the racial, ethnic, socioeconomic, and geographic |
data of beneficiaries and of children in financially insecure | ||
households who may receive automatic bonus deposits. Such | ||
other information that is relevant to make a full disclosure | ||
of the operations of the Program and Fund may also be reported. | ||
The report shall be made available on the Treasurer's website | ||
by January 31 each year, starting in January of 2024. The State | ||
Treasurer may include the Program in other reports as | ||
warranted. | ||
(i) Rules. The State Treasurer may adopt rules necessary | ||
to implement this Section.
| ||
(Source: P.A. 101-466, eff. 1-1-20; 102-129, eff. 7-23-21; | ||
102-558, eff. 8-20-21; 102-1047, eff. 1-1-23 .) | ||
Section 5-16. The Community Development Loan Guarantee Act | ||
is amended by changing Section 30-35 and by adding Section | ||
30-36 as follows: | ||
(15 ILCS 516/30-35)
| ||
Sec. 30-35. Limitations on funding. The State Treasurer | ||
may allocate use up to $10,000,000 of investment earnings each | ||
year for the Loan Guarantee Program, provided that no more | ||
than $50,000,000 may be used for guaranteeing loans at any | ||
given time. The State Treasurer shall make the allocation to | ||
the Loan Guarantee Administrative Trust Fund prior to | ||
allocating interest from the gross earnings of the State | ||
investment portfolio.
|
(Source: P.A. 101-657, eff. 3-23-21.) | ||
(15 ILCS 516/30-36 new) | ||
Sec. 30-36. Loan Guarantee Administrative Trust Fund. The | ||
Loan Guarantee Administrative Trust Fund is created as a | ||
nonappropriated trust fund within the State treasury. Moneys | ||
in the Fund may be used by the State Treasurer to guarantee | ||
loans and to cover administrative expenses related to the | ||
Program. The Fund may receive any grants or other moneys | ||
designated for administrative purposes from the State, from | ||
any unit of federal, State, or local government, or from any | ||
other person, firm, partnership, or corporation. | ||
Section 5-17. The Substance Use Disorder Act is amended by | ||
changing Section 5-10 as follows:
| ||
(20 ILCS 301/5-10)
| ||
Sec. 5-10. Functions of the Department.
| ||
(a) In addition to the powers, duties and functions vested | ||
in the Department
by this Act, or by other laws of this State, | ||
the Department shall carry out the
following activities:
| ||
(1) Design, coordinate and fund comprehensive
| ||
community-based and culturally and gender-appropriate | ||
services
throughout the State. These services must include
| ||
prevention, early intervention, treatment, and other
| ||
recovery support services for substance use disorders that
|
are accessible and address addresses the needs of at-risk
| ||
individuals and their families.
| ||
(2) Act as the exclusive State agency to accept, | ||
receive and expend,
pursuant to appropriation, any public | ||
or private monies, grants or services,
including those | ||
received from the federal government or from other State
| ||
agencies, for the purpose of providing prevention, early
| ||
intervention, treatment, and other recovery support
| ||
services for substance use disorders.
| ||
(2.5) In partnership with the Department of Healthcare | ||
and Family Services, act as one of the principal State | ||
agencies for the sole purpose of calculating the | ||
maintenance of effort requirement under Section 1930 of | ||
Title XIX, Part B, Subpart II of the Public Health Service | ||
Act (42 U.S.C. 300x-30) and the Interim Final Rule (45 CFR | ||
96.134). | ||
(3) Coordinate a statewide strategy for the
| ||
prevention, early intervention,
treatment, and recovery | ||
support of substance use
disorders. This strategy shall | ||
include the development of a
comprehensive plan, submitted | ||
annually with the
application for federal substance use | ||
disorder block grant
funding, for the provision of an | ||
array of such services. The plan shall be based on local | ||
community-based needs and upon
data including, but not | ||
limited to, that which defines the prevalence of and
costs | ||
associated with substance use
disorders.
This |
comprehensive plan shall include identification of | ||
problems, needs,
priorities, services and other pertinent | ||
information, including the needs of
minorities and other | ||
specific priority populations in the State, and shall | ||
describe how
the identified problems and needs will be | ||
addressed. For purposes of this
paragraph, the term | ||
"minorities and other specific priority populations" may | ||
include,
but shall not be limited to, groups such as | ||
women, children, intravenous drug
users, persons with AIDS | ||
or who are HIV infected, veterans, African-Americans, | ||
Puerto
Ricans, Hispanics, Asian Americans, the elderly, | ||
persons in the criminal
justice system, persons who are | ||
clients of services provided by other State
agencies, | ||
persons with disabilities and such other specific | ||
populations as the
Department may from time to time | ||
identify. In developing the plan, the
Department shall | ||
seek input from providers, parent groups, associations and
| ||
interested citizens.
| ||
The plan
developed under this Section shall include an | ||
explanation of the rationale to
be used in ensuring that | ||
funding shall be based upon local community needs,
| ||
including, but not limited to, the incidence and | ||
prevalence of, and costs
associated with, substance use
| ||
disorders, as
well as upon demonstrated program | ||
performance.
| ||
The plan developed under this Section shall
also |
contain a report detailing the activities of and progress | ||
made through services for the
care and treatment of | ||
substance use disorders among
pregnant women and mothers | ||
and their children established
under subsection (j) of | ||
Section 35-5.
| ||
As applicable, the plan developed under this Section
| ||
shall also include information about funding by other | ||
State
agencies for prevention, early intervention, | ||
treatment,
and other recovery support services.
| ||
(4) Lead, foster and develop cooperation, coordination | ||
and agreements
among federal and State governmental | ||
agencies and local providers that provide
assistance, | ||
services, funding or other functions, peripheral or | ||
direct, in the
prevention, early intervention, treatment,
| ||
and recovery support for substance use disorders. This | ||
shall include, but shall not be limited to,
the following:
| ||
(A) Cooperate with and assist other State
| ||
agencies, as applicable, in establishing and
| ||
conducting substance use disorder services among the
| ||
populations they respectively serve.
| ||
(B) Cooperate with and assist the Illinois | ||
Department of Public Health
in the establishment, | ||
funding and support of programs and services for the
| ||
promotion of maternal and child health and the | ||
prevention and treatment of
infectious diseases, | ||
including but not limited to HIV infection, especially
|
with respect to those persons who are high risk due to
| ||
intravenous injection of illegal drugs, or who may | ||
have
been sexual partners of these individuals, or who | ||
may
have impaired immune systems as a result of a
| ||
substance use disorder.
| ||
(C) Supply to the Department of Public Health and | ||
prenatal care
providers a list of all providers who | ||
are
licensed to provide substance use disorder | ||
treatment
for pregnant women in this State.
| ||
(D) Assist in the placement of child abuse or | ||
neglect perpetrators
(identified by the Illinois | ||
Department of Children and Family Services (DCFS)) who
| ||
have been determined to be in need of substance use
| ||
disorder treatment
pursuant to Section 8.2 of the | ||
Abused and Neglected Child Reporting Act.
| ||
(E) Cooperate with and assist DCFS in carrying out | ||
its mandates to:
| ||
(i) identify substance use disorders among its | ||
clients and
their families; and
| ||
(ii) develop services to deal with such | ||
disorders.
| ||
These services may include, but shall not be limited | ||
to,
programs to prevent or treat substance
use | ||
disorders with DCFS clients and their families,
| ||
identifying child care needs within such treatment, | ||
and assistance with other
issues as required.
|
(F) Cooperate with and assist the Illinois | ||
Criminal Justice Information
Authority with respect to | ||
statistical and other information concerning the | ||
incidence and prevalence of substance use
disorders.
| ||
(G) Cooperate with and assist the State | ||
Superintendent of Education,
boards of education, | ||
schools, police departments, the Illinois State | ||
Police, courts and other public and private agencies | ||
and individuals in
establishing prevention programs | ||
statewide and preparing curriculum materials
for use | ||
at all levels of education.
| ||
(H) Cooperate with and assist the Illinois | ||
Department of Healthcare and Family Services in
the | ||
development and provision of services offered to | ||
recipients of public
assistance for the treatment and | ||
prevention of substance use disorders.
| ||
(I) (Blank).
| ||
(5) From monies appropriated to the Department from | ||
the Drunk and Drugged
Driving Prevention Fund, reimburse | ||
DUI evaluation and risk
education programs licensed by the | ||
Department for providing
indigent persons with free or | ||
reduced-cost evaluation and risk education services | ||
relating to a charge of
driving under the influence of | ||
alcohol or other drugs.
| ||
(6) Promulgate regulations to identify and disseminate | ||
best practice guidelines that can be utilized by publicly
|
and privately funded programs as well as for levels of | ||
payment to government
funded programs that provide | ||
prevention,
early intervention, treatment, and other | ||
recovery support services for substance use disorders and | ||
those services referenced in Sections 15-10
and 40-5.
| ||
(7) In consultation with providers and
related trade | ||
associations, specify a uniform
methodology for use by | ||
funded providers and the
Department for billing
and | ||
collection and dissemination of statistical information
| ||
regarding services related to substance use
disorders.
| ||
(8) Receive data and assistance from federal, State | ||
and local governmental
agencies, and obtain copies of | ||
identification and arrest data from all federal,
State and | ||
local law enforcement agencies for use in carrying out the | ||
purposes
and functions of the Department.
| ||
(9) Designate and license providers to conduct | ||
screening, assessment,
referral and tracking of clients | ||
identified by the criminal justice system as
having | ||
indications of substance use
disorders and being
eligible | ||
to make an election for treatment under Section 40-5 of | ||
this Act, and
assist in the placement of individuals who | ||
are under court order to participate
in treatment.
| ||
(10) Identify and disseminate evidence-based best | ||
practice guidelines as maintained in administrative rule | ||
that can be utilized to determine a substance use disorder | ||
diagnosis.
|
(11) (Blank).
| ||
(12) Make grants with funds appropriated from the Drug | ||
Treatment Fund in
accordance with Section 7 of the | ||
Controlled Substance and Cannabis Nuisance
Act, or in | ||
accordance with Section 80 of the Methamphetamine Control | ||
and Community Protection Act, or in accordance with | ||
subsections (h) and (i) of Section 411.2 of the
Illinois | ||
Controlled Substances Act, or in accordance with Section | ||
6z-107 of the State Finance Act.
| ||
(13) Encourage all health and disability insurance | ||
programs to include
substance use disorder
treatment as a | ||
covered service and to use evidence-based best practice | ||
criteria as maintained in administrative rule and as | ||
required in Public Act 99-0480 in determining the | ||
necessity for such services and continued stay.
| ||
(14) Award grants and enter into fixed-rate and | ||
fee-for-service arrangements
with any other department, | ||
authority or commission of this State, or any other
state | ||
or the federal government or with any public or private | ||
agency, including
the disbursement of funds and furnishing | ||
of staff, to effectuate the purposes
of this Act.
| ||
(15) Conduct a public information campaign to inform | ||
the State's
Hispanic residents regarding the prevention | ||
and treatment of substance use disorders.
| ||
(b) In addition to the powers, duties and functions vested | ||
in it by this
Act, or by other laws of this State, the |
Department may undertake, but shall
not be limited to, the | ||
following activities:
| ||
(1) Require all organizations licensed or funded by | ||
the Department to include an education
component to inform | ||
participants regarding the causes and means of | ||
transmission
and methods of reducing the risk of acquiring | ||
or transmitting HIV infection and other infectious
| ||
diseases,
and to include funding for such education | ||
component in its support of the
program.
| ||
(2) Review all State agency applications for federal | ||
funds that include
provisions relating to the prevention, | ||
early intervention and treatment of
substance use
| ||
disorders in order to ensure consistency.
| ||
(3) Prepare, publish, evaluate, disseminate and serve | ||
as a central
repository for educational materials dealing | ||
with the nature and effects of
substance use disorders. | ||
Such materials may deal with
the educational needs of the | ||
citizens of Illinois, and may include at least
pamphlets | ||
that describe the causes and effects of fetal alcohol
| ||
spectrum disorders.
| ||
(4) Develop and coordinate, with regional and local | ||
agencies, education
and training programs for persons | ||
engaged in providing services
for persons with
substance | ||
use disorders,
which programs may include specific HIV | ||
education and training for program
personnel.
| ||
(5) Cooperate with and assist in the development of |
education, prevention, early intervention,
and treatment | ||
programs for employees of State and local governments and
| ||
businesses in the State.
| ||
(6) Utilize the support and assistance of interested | ||
persons in the
community, including recovering persons, to | ||
assist individuals
and communities in understanding the | ||
dynamics of substance use
disorders, and to encourage
| ||
individuals with substance use disorders to
voluntarily | ||
undergo treatment.
| ||
(7) Promote, conduct, assist or sponsor basic | ||
clinical, epidemiological
and statistical research into | ||
substance use disorders
and research into the prevention | ||
of those problems either solely or in
conjunction with any | ||
public or private agency.
| ||
(8) Cooperate with public and private agencies, | ||
organizations and
individuals in the development of | ||
programs, and to provide technical assistance
and | ||
consultation services for this purpose.
| ||
(9) (Blank).
| ||
(10) (Blank).
| ||
(11) Fund, promote, or assist entities dealing with
| ||
substance use disorders.
| ||
(12) With monies appropriated from the Group Home Loan | ||
Revolving Fund,
make loans, directly or through | ||
subcontract, to assist in underwriting the
costs of | ||
housing in which individuals recovering from substance use
|
disorders may reside, pursuant
to Section 50-40 of this | ||
Act.
| ||
(13) Promulgate such regulations as may be necessary | ||
to carry out the purposes and enforce the
provisions of | ||
this Act.
| ||
(14) Provide funding to help parents be effective in | ||
preventing
substance use disorders by building an | ||
awareness of the family's
role in preventing substance use | ||
disorders through adjusting expectations, developing new | ||
skills,
and setting positive family goals. The programs | ||
shall include, but not be
limited to, the following | ||
subjects: healthy family communication; establishing
rules | ||
and limits; how to reduce family conflict; how to build | ||
self-esteem,
competency, and responsibility in children; | ||
how to improve motivation and
achievement; effective | ||
discipline; problem solving techniques; and how to talk
| ||
about drugs and alcohol. The programs shall be open to all | ||
parents.
| ||
(15) Establish an Opioid Remediation Services Capital
| ||
Investment Grant Program. The Department may, subject to | ||
appropriation and approval through the Opioid Overdose | ||
Prevention and Recovery Steering Committee, after | ||
recommendation by the Illinois Opioid Remediation Advisory | ||
Board, and certification by the Office of the Attorney | ||
General, make capital improvement grants to units of local | ||
government and substance use prevention, treatment, and |
recovery service providers addressing opioid remediation | ||
in the State for approved abatement uses under the | ||
Illinois Opioid Allocation Agreement. The Illinois Opioid | ||
Remediation State Trust Fund shall be the source of | ||
funding for the program. Eligible grant recipients shall | ||
be units of local government and substance use prevention, | ||
treatment, and recovery service providers that offer | ||
facilities and services in a manner that supports and | ||
meets the approved uses of the opioid settlement funds. | ||
Eligible grant recipients have no entitlement to a grant | ||
under this Section. The Department of Human Services may | ||
consult with the Capital Development Board, the Department | ||
of Commerce and Economic Opportunity, and the Illinois | ||
Housing Development Authority to adopt rules to implement | ||
this Section and may create a competitive application | ||
procedure for grants to be awarded. The rules may specify | ||
the manner of applying for grants; grantee eligibility | ||
requirements; project eligibility requirements; | ||
restrictions on the use of grant moneys; the manner in | ||
which grantees must account for the use of grant moneys; | ||
and any other provision that the Department of Human | ||
Services determines to be necessary or useful for the | ||
administration of this Section. Rules may include a | ||
requirement for grantees to provide local matching funds | ||
in an amount equal to a specific percentage of the grant. | ||
No portion of an opioid remediation services capital |
investment grant awarded under this Section may be used by | ||
a grantee to pay for any ongoing operational costs or | ||
outstanding debt. The Department of Human Services may | ||
consult with the Capital Development Board, the Department | ||
of Commerce and Economic Opportunity, and the Illinois | ||
Housing Development Authority in the management and | ||
disbursement of funds for capital-related projects. The | ||
Capital Development Board, the Department of Commerce and | ||
Economic Opportunity, and the Illinois Housing Development | ||
Authority shall act in a consulting role only for the | ||
evaluation of applicants, scoring of applicants, or | ||
administration of the grant program. | ||
(c) There is created within the Department of Human | ||
Services an Office of Opioid Settlement Administration. The | ||
Office shall be responsible for implementing and administering | ||
approved abatement programs as described in Exhibit B of the | ||
Illinois Opioid Allocation Agreement, effective December 30, | ||
2021. The Office may also implement and administer other | ||
opioid-related programs, including but not limited to | ||
prevention, treatment, and recovery services from other funds | ||
made available to the Department of Human Services. The | ||
Secretary of Human Services shall appoint or assign staff as | ||
necessary to carry out the duties and functions of the Office. | ||
(Source: P.A. 101-10, eff. 6-5-19; 102-538, eff. 8-20-21; | ||
102-699, eff. 4-19-22.)
|
Section 5-20. The Department of Central Management | ||
Services Law of the
Civil Administrative Code of Illinois is | ||
amended by changing Section 405-293 as follows: | ||
(20 ILCS 405/405-293)
| ||
Sec. 405-293. Professional Services. | ||
(a) The Department of Central Management Services (the | ||
"Department") is responsible for providing professional | ||
services for or on behalf of State agencies for all functions | ||
transferred to the Department by Executive Order No. 2003-10 | ||
(as modified by Section 5.5 of the Executive Reorganization | ||
Implementation Act) and may, with the approval of the | ||
Governor, provide additional services to or on behalf of State | ||
agencies. To the extent not compensated by direct fund | ||
transfers, the Department shall be reimbursed from each State | ||
agency receiving the benefit of these services. The | ||
reimbursement shall be determined by the Director of Central | ||
Management Services as the amount required to reimburse the | ||
Professional Services Fund for the Department's costs of | ||
rendering the professional services on behalf of that State | ||
agency. For purposes of this Section, funds due the Department | ||
for professional services may be made through appropriations | ||
to the Department from the General Revenue Fund, as determined | ||
by and provided for by the General Assembly. | ||
(a-5) The Department of Central Management Services may | ||
provide professional services and other services as authorized |
by subsection (a) for or on behalf of other State entities with | ||
the approval of both the Director of Central Management | ||
Services and the appropriate official or governing body of the | ||
other State entity.
| ||
(b) For the purposes of this Section, "State agency" means | ||
each State agency, department, board, and commission directly | ||
responsible to the Governor. "Professional services" means | ||
legal services, internal audit services, and other services as | ||
approved by the Governor. "Other State entity" means the | ||
Illinois State Board of Education and the Illinois State Toll | ||
Highway Authority.
| ||
(Source: P.A. 93-839, eff. 7-30-04; 94-91, eff. 7-1-05.) | ||
Section 5-25. The Children and Family Services Act is | ||
amended by changing Section 25 as follows:
| ||
(20 ILCS 505/25) (from Ch. 23, par. 5025)
| ||
Sec. 25. Funds Grants, gifts, or legacies ; Putative Father | ||
Registry fees.
| ||
(a) The DCFS Special Purposes Trust Fund is created as a | ||
trust fund in the State treasury. The Department is authorized | ||
to accept and deposit into the Fund moneys received from | ||
grants, gifts, or any other source, public or private, in | ||
support of the activities authorized by this Act or on behalf | ||
of any institution or program of the Department. Moneys | ||
received from federal sources or pursuant to Section 8.27 of |
the State Finance Act or Section 5-9-1.8 of the Unified Code of | ||
Corrections shall not be deposited into the Fund To accept and | ||
hold in behalf of the State, if for the public
interest, a | ||
grant, gift or legacy of money or property to the
State of | ||
Illinois, to the Department, or to any institution or program | ||
of
the Department made in trust for the maintenance or support | ||
of a resident
of an institution of the Department, or for any | ||
other legitimate purpose
connected with such institution or | ||
program. The Department shall cause
each gift, grant or legacy | ||
to be kept as a distinct fund, and
shall invest the same in the | ||
manner provided by the laws of this State as
the same now | ||
exist, or shall hereafter be enacted, relating to securities
| ||
in which the deposit in savings banks may be invested. But the | ||
Department
may, in its discretion, deposit in a proper trust | ||
company or savings bank,
during the continuance of the trust, | ||
any fund so left in trust for the life
of a person, and shall | ||
adopt rules and regulations governing the deposit,
transfer, | ||
or withdrawal of such fund. The Department shall on the
| ||
expiration of any trust as provided in any instrument creating | ||
the same,
dispose of the fund thereby created in the manner | ||
provided in such
instrument. The Department shall include in | ||
its required reports a
statement showing what funds are so | ||
held by it and the condition thereof.
Monies found on | ||
residents at the time of their
admission, or
accruing to them | ||
during their period of institutional care, and monies
| ||
deposited with the superintendents by relatives, guardians
or |
friends of
residents for the special comfort and pleasure of | ||
such resident, shall
remain in the custody of such | ||
superintendents who shall
act as trustees for
disbursement to, | ||
in behalf of, or for the benefit of such resident. All
types of | ||
retirement and pension benefits from private and public | ||
sources
may be paid directly to the superintendent of the | ||
institution where the
person is a resident, for deposit to the | ||
resident's trust fund account .
| ||
(b) The Department shall deposit hold all Putative Father | ||
Registry fees collected under Section 12.1 of the Adoption Act | ||
into the DCFS Special Purposes Trust Fund in a distinct fund | ||
for the Department's use in maintaining the Putative Father | ||
Registry. The Department shall invest the moneys in the fund | ||
in the same manner as moneys in the funds described in | ||
subsection (a) and shall include in its required reports a | ||
statement showing the condition of the fund.
| ||
(c) The DCFS Federal Projects Fund is created as a federal | ||
trust fund in the State treasury. Moneys in the DCFS Federal | ||
Projects Fund shall be used for the specific purposes | ||
established by the terms and conditions of the federal grant | ||
or award and for other authorized expenses in accordance with | ||
federal requirements. | ||
(Source: P.A. 94-1010, eff. 10-1-06.)
| ||
Section 5-30. The Illinois Promotion Act is amended by | ||
changing Section 3, 4a, and 8a as follows:
|
(20 ILCS 665/3) (from Ch. 127, par. 200-23)
| ||
Sec. 3. Definitions. The following words and terms, | ||
whenever used or
referred to
in this Act, shall have the | ||
following meanings, except where the context
may otherwise | ||
require:
| ||
(a) "Department" means the Department of Commerce and | ||
Economic Opportunity of the State of Illinois.
| ||
(b) "Local promotion group" means any non-profit | ||
corporation,
organization, association, agency or committee | ||
thereof formed for the
primary purpose of publicizing, | ||
promoting, advertising or otherwise
encouraging the | ||
development of tourism in any municipality, county, or
region | ||
of Illinois.
| ||
(c) "Promotional activities" means preparing, planning and
| ||
conducting campaigns of information, advertising and publicity | ||
through
such media as newspapers, radio, television, | ||
magazines, trade journals,
moving and still photography, | ||
posters, outdoor signboards and personal
contact within and | ||
without the State of Illinois; dissemination of
information, | ||
advertising, publicity, photographs and other literature
and | ||
material designed to carry out the purpose of this Act; and
| ||
participation in and attendance at meetings and conventions | ||
concerned
primarily with tourism, including travel to and from | ||
such meetings.
| ||
(d) "Municipality" means "municipality" as defined in |
Section 1-1-2
of the Illinois Municipal Code, as heretofore | ||
and hereafter amended.
| ||
(e) "Tourism" means travel 50 miles or more one-way or an | ||
overnight trip
outside of a person's normal routine.
| ||
(f) "Municipal amateur sports facility" means a sports | ||
facility that: (1) is owned by a unit of local government; (2) | ||
has contiguous indoor sports competition space; (3) is | ||
designed to principally accommodate and host amateur | ||
competitions for youths, adults, or both; and (4) is not used | ||
for professional sporting events where participants are | ||
compensated for their participation. | ||
(g) "Municipal convention center" means a convention | ||
center or civic center owned by a unit of local government or | ||
operated by a convention center authority, or a municipal | ||
convention hall as defined in paragraph (1) of Section 11-65-1 | ||
of the Illinois Municipal Code , with contiguous exhibition | ||
space ranging between 30,000 and 125,000 square feet . | ||
(h) "Convention center authority" means an Authority, as | ||
defined by the Civic Center Code, that operates a municipal | ||
convention center with contiguous exhibition space ranging | ||
between 30,000 and 125,000 square feet . | ||
(i) "Incentive" means: (1) a financial incentive provided | ||
by a unit of local government , a local promotion group, a | ||
not-for-profit organization, a for-profit organization, or a | ||
convention center authority to attract a convention, meeting, | ||
or trade show held at a municipal convention center that, but |
for the incentive, would not have occurred in the State or been | ||
retained in the State; or (2) a financial incentive provided | ||
by a unit of local government , a local promotion group, a | ||
not-for-profit organization, a for-profit organization, or a | ||
convention center authority for attracting a sporting event | ||
held at its municipal amateur sports facility that, but for | ||
the incentive, would not have occurred in the State or been | ||
retained in the State; but (3) only a financial incentive | ||
offered or provided to a person or entity in the form of | ||
financial benefits or costs which are allowable costs pursuant | ||
to the Grant Accountability and Transparency Act. | ||
(j) "Unit of local government" has the meaning provided in | ||
Section 1 of Article VII of the Illinois Constitution. | ||
(k) "Local parks" means any park, recreation area, or | ||
other similar facility owned or operated by a unit of local | ||
government. | ||
(Source: P.A. 101-10, eff. 6-5-19; 102-287, eff. 8-6-21.)
| ||
(20 ILCS 665/4a) (from Ch. 127, par. 200-24a)
| ||
Sec. 4a. Funds.
| ||
(1) All moneys deposited into in the Tourism Promotion | ||
Fund pursuant to this
subsection are allocated to the | ||
Department for utilization, as
appropriated, in the | ||
performance of its powers under Section 4; except that during | ||
fiscal year 2013, the Department shall reserve $9,800,000 of | ||
the total funds available for appropriation in the Tourism |
Promotion Fund for appropriation to the Historic Preservation | ||
Agency for the operation of the Abraham Lincoln Presidential | ||
Library and Museum and State historic sites; and except that | ||
beginning in fiscal year 2019, moneys in the Tourism Promotion | ||
Fund may also be allocated to the Illinois Department of | ||
Agriculture, the Illinois Department of Natural Resources, and | ||
the Abraham Lincoln Presidential Library and Museum for | ||
utilization, as appropriated, to administer their | ||
responsibilities as State agencies promoting tourism in | ||
Illinois, and for tourism-related purposes.
| ||
As soon as possible after the first day of each month, | ||
beginning July 1,
1997 and ending on the effective date of this | ||
amendatory Act of the 100th General Assembly, upon | ||
certification of the Department of Revenue, the Comptroller | ||
shall
order transferred and the Treasurer shall transfer from | ||
the General Revenue
Fund to the Tourism Promotion Fund an | ||
amount equal to 13% of the net
revenue realized from the Hotel | ||
Operators' Occupation Tax Act plus an amount
equal to 13% 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.
"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.
| ||
(1.1) (Blank).
|
(2) (Blank). As soon as possible after the first day of | ||
each month,
beginning July 1,
1997 and ending on the effective | ||
date of this amendatory Act of the 100th General Assembly, | ||
upon certification of the Department of Revenue, the | ||
Comptroller shall
order transferred and the Treasurer shall | ||
transfer from the General Revenue
Fund to the Tourism
| ||
Promotion Fund an amount equal to 8% of the net revenue | ||
realized from the Hotel
Operators' Occupation Tax 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. "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.
| ||
All monies deposited in the Tourism Promotion Fund under | ||
this
subsection (2) shall be used solely as provided in this | ||
subsection to
advertise and promote tourism throughout | ||
Illinois. Appropriations of monies
deposited in the Tourism | ||
Promotion Fund pursuant to this subsection (2)
shall be used | ||
solely for advertising to promote tourism, including but not
| ||
limited to advertising production and direct advertisement | ||
costs, but shall
not be used to employ any additional staff, | ||
finance any individual event,
or lease, rent or purchase any | ||
physical facilities. The Department shall
coordinate its | ||
advertising under this subsection (2) with other public and
|
private entities in the State engaged in similar promotion | ||
activities.
Print or electronic media production made pursuant | ||
to this subsection (2)
for advertising promotion shall not | ||
contain or include the physical
appearance of or reference to | ||
the name or position of any public officer.
"Public officer" | ||
means a person who is elected to office pursuant to
statute, or | ||
who is appointed to an office which is established, and the
| ||
qualifications and duties of which are prescribed, by statute, | ||
to discharge
a public duty for the State or any of its | ||
political subdivisions. | ||
(3) (Blank). Notwithstanding anything in this Section to | ||
the contrary, amounts transferred from the General Revenue | ||
Fund to the Tourism Promotion Fund pursuant to this Section | ||
shall not exceed $26,300,000 in State fiscal year 2012.
| ||
(4) (Blank). As soon as possible after the first day of | ||
each month, beginning July 1, 2017 and ending June 30, 2018, if | ||
the amount of revenue deposited into the Tourism Promotion | ||
Fund under subsection (c) of Section 6 of the Hotel Operators' | ||
Occupation Tax Act is less than 21% of the net revenue realized | ||
from the Hotel Operators' Occupation Tax during the preceding | ||
month, then, upon certification of the Department of Revenue, | ||
the State Comptroller shall direct and the State Treasurer | ||
shall transfer from the General Revenue Fund to the Tourism | ||
Promotion Fund an amount equal to the difference between 21% | ||
of the net revenue realized from the Hotel Operators' | ||
Occupation Tax during the preceding month and the amount of |
revenue deposited into the Tourism Promotion Fund under | ||
subsection (c) of Section 6 of the Hotel Operators' Occupation | ||
Tax Act. | ||
(5) As soon as possible after the first day of each month, | ||
beginning July 1, 2018, if the amount of revenue deposited | ||
into the Tourism Promotion Fund under Section 6 of the Hotel | ||
Operators' Occupation Tax Act is less than 21% of the net | ||
revenue realized from the Hotel Operators' Occupation Tax | ||
during the preceding month, then, upon certification of the | ||
Department of Revenue, the State Comptroller shall direct and | ||
the State Treasurer shall transfer from the General Revenue | ||
Fund to the Tourism Promotion Fund an amount equal to the | ||
difference between 21% of the net revenue realized from the | ||
Hotel Operators' Occupation Tax during the preceding month and | ||
the amount of revenue deposited into the Tourism Promotion | ||
Fund under Section 6 of the Hotel Operators' Occupation Tax | ||
Act. | ||
(6) In addition to any other transfers that may be | ||
provided for by law, on the effective date of the changes made | ||
to this Section by this amendatory Act of the 103rd General | ||
Assembly, or as soon thereafter as practical, but no later | ||
than June 30, 2023, the State Comptroller shall direct and the | ||
State Treasurer shall transfer from the Tourism Promotion Fund | ||
into the designated funds the following amounts: | ||
International Tourism Fund ..............$2,274,267.36 | ||
Chicago Travel Industry Promotion Fund ..$4,396,916.95 |
Local Tourism Fund ......................$7,367,503.22 | ||
(Source: P.A. 100-23, eff. 7-6-17; 100-587, eff. 6-4-18.)
| ||
(20 ILCS 665/8a) (from Ch. 127, par. 200-28a)
| ||
Sec. 8a. Tourism grants and loans.
| ||
(1) The Department is authorized to make grants and loans, | ||
subject to
appropriations by the General Assembly for this | ||
purpose from the Tourism
Promotion Fund,
to counties, | ||
municipalities, other units of local government, local | ||
promotion groups, not-for-profit
organizations, or
for-profit | ||
businesses for the development or improvement of tourism
| ||
attractions in Illinois. Individual grants and loans shall not
| ||
exceed
$1,000,000
and shall not exceed 50% of the entire | ||
amount of the actual expenditures for
the development or | ||
improvement of a tourist attraction. Agreements for
loans made | ||
by the Department pursuant to this subsection may contain
| ||
provisions regarding term, interest rate, security as may be | ||
required by
the Department and any other provisions the | ||
Department may require to
protect the State's interest.
| ||
(2) From appropriations to the Department from the State | ||
CURE fund for this purpose, the Department shall establish | ||
Tourism Attraction grants for purposes outlined in subsection | ||
(1). Grants under this subsection shall not exceed $1,000,000 | ||
but may exceed 50% of the entire amount of the actual | ||
expenditure for the development or improvement of a tourist | ||
attraction, including, but not limited to, festivals. |
Expenditures of such funds shall be in accordance with the | ||
permitted purposes under Section 9901 of the American Rescue | ||
Plan Act of 2021 and all related federal guidance.
| ||
(3) Subject to appropriation, the Department is authorized | ||
to issue competitive grants with initial terms of up to 5 years | ||
for the purpose of administering an incentive program that | ||
will attract or retain conventions, meetings, sporting events, | ||
and trade shows in Illinois with the goal of increasing | ||
business or leisure travel. | ||
(Source: P.A. 102-16, eff. 6-17-21; 102-287, eff. 8-6-21; | ||
102-813, eff. 5-13-22.)
| ||
Section 5-31. The Department of Human Services Act is | ||
amended by adding Section 1-85 as follows: | ||
(20 ILCS 1305/1-85 new) | ||
Sec. 1-85. Home Illinois Program. Subject to | ||
appropriation, the Department of Human Services shall | ||
establish the Home Illinois Program. The Home Illinois Program | ||
shall focus on preventing and ending homelessness in Illinois | ||
and may include, but not be limited to, homeless prevention, | ||
emergency and transitional housing, rapid rehousing, outreach, | ||
capital investment, and related services and supports for | ||
individuals at risk or experiencing homelessness. The | ||
Department may establish program eligibility criteria and | ||
other program requirements by rule. The Department of Human |
Services may consult with the Capital Development Board, the | ||
Department of Commerce and Economic Opportunity, and the | ||
Illinois Housing Development Authority in the management and | ||
disbursement of funds for capital related projects. The | ||
Capital Development Board, the Department of Commerce and | ||
Economic Opportunity, and the Illinois Housing Development | ||
Authority shall act in a consulting role only for the | ||
evaluation of applicants, scoring of applicants, or | ||
administration of the grant program. | ||
Section 5-32. The Department of Innovation and Technology | ||
Act is amended by adding Section 1-16 as follows: | ||
(20 ILCS 1370/1-16 new) | ||
Sec. 1-16. Personnel. The Governor may, with the advice | ||
and consent of the Senate, appoint a person within the | ||
Department to serve as the Deputy Secretary. The Deputy | ||
Secretary shall receive an annual salary as set by the | ||
Governor and shall be paid out of appropriations to the | ||
Department. The Deputy Secretary shall not be subject to the | ||
Personnel Code. The duties of the Deputy Secretary shall | ||
include the coordination of the State's digital modernization | ||
and other duties as assigned by the Secretary. | ||
Section 5-33. The Disabilities Services Act of 2003 is | ||
amended by changing Sections 51, 52, and 53 as follows: |
(20 ILCS 2407/51) | ||
Sec. 51. Legislative intent. It is the intent of the | ||
General Assembly to promote the civil rights of persons with | ||
disabilities by providing community-based service for persons | ||
with disabilities when such services are determined | ||
appropriate and desired, as required by Title II of the | ||
Americans with Disabilities Act under the United States | ||
Supreme Court's decision in Olmstead v. L.C., 527 U.S. 581 | ||
(1999). In accordance with Section 6071 of the Deficit | ||
Reduction Act of 2005 (P.L. 109-171) , as amended by the | ||
federal Consolidated Appropriations Act, 2021 (P.L. 116-260) , | ||
the purpose of this Act is (i) to identify and reduce barriers | ||
or mechanisms, whether in State law, the State Medicaid Plan, | ||
the State budget, or otherwise, that prevent or restrict the | ||
flexible use of public funds to enable individuals with | ||
disabilities to receive support for appropriate and necessary | ||
long-term care services in settings of their choice; (ii) to | ||
increase the use of home and community-based long-term care | ||
services, rather than institutions or long-term care | ||
facilities; (iii) to increase the ability of the State | ||
Medicaid program to assure continued provision of home and | ||
community-based long-term care services to eligible | ||
individuals who choose to transition from an institution or a | ||
long-term care facility to a community setting; and (iv) to | ||
ensure that procedures are in place that are at least |
comparable to those required under the qualified home and | ||
community-based program to provide quality assurance for | ||
eligible individuals receiving Medicaid home and | ||
community-based long-term care services and to provide for | ||
continuous quality improvement in such services. Utilizing the | ||
framework created by the "Money Follows the Person" | ||
demonstration project, approval received by the State on May | ||
14, 2007, and any subsequently enacted "Money Follows the | ||
Person" demonstration project or initiative terms and | ||
conditions, the purpose of this Act is to codify and reinforce | ||
the State's commitment to promote individual choice and | ||
control and increase utilization of home and community-based | ||
services through: | ||
(a) Increased ability of the State Medicaid program to | ||
ensure continued provision of home and community-based | ||
long-term care services to eligible individuals who choose | ||
to transition from an institution to a community setting. | ||
(b) Assessment and removal of barriers to community | ||
reintegration, including development of a comprehensive | ||
housing strategy. | ||
(c) Expand availability of consumer self-directed | ||
service options. | ||
(d) Increased use of home and community-based | ||
long-term care services, rather than institutions or | ||
long-term care facilities , such that the percentage of the | ||
State long-term care budget expended for community-based |
services increases from its current 28.5% to at least 37% | ||
in the next 5 years . | ||
(e) Creation and implementation of interagency | ||
agreements or budgetary mechanisms to allow for the | ||
flexible movement of allocated dollars from institutional | ||
budget appropriations to appropriations supporting home | ||
and community-based services or Medicaid State Plan | ||
options. | ||
(f) Creation of an equitable, clinically sound and | ||
cost-effective system for identification and review of | ||
community transition candidates across all long-term care | ||
systems; including improvement of prescreening, assessment | ||
for rapid reintegration and targeted review of longer stay | ||
residents, training and outreach education for providers | ||
and consumers on community alternatives across all | ||
long-term care systems. | ||
(g) Development and implementation of data and | ||
information systems to track individuals across service | ||
systems and funding streams; support responsive | ||
eligibility determination; facilitate placement and care | ||
decisions; identify individuals with potential for | ||
transition; and drive planning for the development of | ||
community-based alternatives. | ||
(h) Establishment of procedures that are at least | ||
comparable to those required under the qualified home and | ||
community-based program to provide quality assurance for |
eligible individuals receiving Medicaid home and | ||
community-based long-term care services and to provide for | ||
continuous quality improvement in such services. | ||
(i) Nothing in this amendatory Act of the 95th General | ||
Assembly shall diminish or restrict the choice of an | ||
individual to reside in an institution or the quality of | ||
care they receive.
| ||
(Source: P.A. 95-438, eff. 1-1-08.) | ||
(20 ILCS 2407/52) | ||
Sec. 52. Applicability; definitions. In accordance with | ||
Section 6071 of the Deficit Reduction Act of 2005 (P.L. | ||
109-171), as used in this Article: | ||
"Departments". The term "Departments" means for the | ||
purposes of this Act, the Department of Human Services, the | ||
Department on Aging, Department of Healthcare and Family | ||
Services and Department of Public Health, unless otherwise | ||
noted. | ||
"Home and community-based long-term care services". The | ||
term "home and community-based long-term care services" means, | ||
with respect to the State Medicaid program, a service aid, or | ||
benefit, home and community-based services, including, but not | ||
limited to, home health and personal care services, that are | ||
provided to a person with a disability, and are voluntarily | ||
accepted, as part of his or her long-term care that: (i) is | ||
provided under the State's qualified home and community-based |
program or that could be provided under such a program but is | ||
otherwise provided under the Medicaid program; (ii) is | ||
delivered in a qualified residence; and (iii) is necessary for | ||
the person with a disability to live in the community. | ||
"ID/DD community care facility". The term "ID/DD community | ||
care facility", for the purposes of this Article, means a | ||
skilled nursing or intermediate long-term care facility | ||
subject to licensure by the Department of Public Health under | ||
the ID/DD Community Care Act or the MC/DD Act, an intermediate | ||
care facility for persons with developmental disabilities | ||
(ICF-DDs), and a State-operated developmental center or mental | ||
health center, whether publicly or privately owned. | ||
"Money Follows the Person" Demonstration. Enacted by the | ||
Deficit Reduction Act of 2005 , as amended by the federal | ||
Consolidated Appropriations Act, 2021 (P.L. 116-260) , the | ||
Money Follows the Person (MFP) Rebalancing Demonstration is | ||
part of a comprehensive, coordinated strategy to assist | ||
states, in collaboration with stakeholders, to make widespread | ||
changes to their long-term care support systems. This | ||
initiative will assist states in their efforts to reduce their | ||
reliance on institutional care while developing | ||
community-based long-term care opportunities, enabling the | ||
elderly and people with disabilities to fully participate in | ||
their communities. | ||
"Public funds" mean any funds appropriated by the General | ||
Assembly to the Departments of Human Services, on Aging, of |
Healthcare and Family Services and of Public Health for | ||
settings and services as defined in this Article. | ||
"Qualified residence". The term "qualified residence" | ||
means, with respect to an eligible individual: (i) a home | ||
owned or leased by the individual or the individual's | ||
authorized representative (as defined by P.L. 109-171); (ii) | ||
an apartment with an individual lease, with lockable access | ||
and egress, and which includes living, sleeping, bathing, and | ||
cooking areas over which the individual or the individual's | ||
family has domain and control; or (iii) a residence, in a | ||
community-based residential setting, in which no more than 4 | ||
unrelated individuals reside. Where qualified residences are | ||
not sufficient to meet the demand of eligible individuals, | ||
time-limited exceptions to this definition may be developed | ||
through administrative rule. | ||
"Self-directed services". The term "self-directed | ||
services" means, with respect to home and community-based | ||
long-term services for an eligible individual, those services | ||
for the individual that are planned and purchased under the | ||
direction and control of the individual or the individual's | ||
authorized representative, including the amount, duration, | ||
scope, provider, and location of such services, under the | ||
State Medicaid program consistent with the following | ||
requirements: | ||
(a) Assessment: there is an assessment of the needs, | ||
capabilities, and preference of the individual with |
respect to such services. | ||
(b) Individual service care or treatment plan: based | ||
on the assessment, there is development jointly with such | ||
individual or individual's authorized representative, a | ||
plan for such services for the individual that (i) | ||
specifies those services, if any, that the individual or | ||
the individual's authorized representative would be | ||
responsible for directing; (ii) identifies the methods by | ||
which the individual or the individual's authorized | ||
representative or an agency designated by an individual or | ||
representative will select, manage, and dismiss providers | ||
of such services.
| ||
(Source: P.A. 99-143, eff. 7-27-15; 99-180, eff. 7-29-15; | ||
99-642, eff. 7-28-16.) | ||
(20 ILCS 2407/53) | ||
Sec. 53. Rebalancing benchmarks. | ||
(a) Illinois' long-term care system is in a state of | ||
transformation, as evidenced by the creation and subsequent | ||
work products of the Disability Services Advisory Committee, | ||
Older Adult Services Advisory Committee, Housing Task Force | ||
and other executive and legislative branch initiatives. | ||
(b) Illinois' Money Follows the Person demonstrations or | ||
initiatives capitalize demonstration approval capitalizes on | ||
this progress and commit commits the State to transition | ||
approximately 3,357 older persons and persons with |
developmental, physical , or psychiatric disabilities from | ||
institutional to home and community-based settings, as | ||
appropriate resulting in an increased percentage of long-term | ||
care community spending over the next 5 years . | ||
(c) (Blank). The State will endeavor to increase the | ||
percentage of community-based long-term care spending over the | ||
next 5 years according to the following timeline: | ||
Estimated baseline: 28.5% | ||
Year 1: 30% | ||
Year 2: 31% | ||
Year 3: 32% | ||
Year 4: 35% | ||
Year 5: 37% | ||
(d) The Departments will utilize interagency agreements | ||
and will seek legislative authority to implement a Money | ||
Follows the Person budgetary mechanism to allocate or | ||
reallocate funds for the purpose of expanding the | ||
availability, quality or stability of home and community-based | ||
long-term care services and supports for persons with | ||
disabilities. | ||
(e) The allocation of public funds for home and | ||
community-based long-term care services shall not have the | ||
effect of: (i) diminishing or reducing the quality of services | ||
available to residents of long-term care facilities; (ii) | ||
forcing any residents of long-term care facilities to | ||
involuntarily accept home and community-based long-term care |
services, or causing any residents of long-term care | ||
facilities to be involuntarily transferred or discharged; | ||
(iii) causing reductions in long-term care facility | ||
reimbursement rates in effect as of July 1, 2008; or (iv) | ||
diminishing access to a full array of long-term care options.
| ||
(Source: P.A. 95-438, eff. 1-1-08.) | ||
Section 5-35. The Illinois State Police Law of the
Civil | ||
Administrative Code of Illinois is amended by changing Section | ||
2605-407 as follows: | ||
(20 ILCS 2605/2605-407) | ||
Sec. 2605-407. Illinois State Police Federal Projects | ||
Fund. | ||
(a) The Illinois State Police Federal Projects Fund is | ||
established as a federal trust fund in the State treasury. | ||
This federal Trust Fund is established to receive funds | ||
awarded to the Illinois State Police from the following: (i) | ||
all federal departments and agencies for the specific purposes | ||
established by the terms and conditions of the federal awards | ||
and (ii) federal pass-through grants from State departments | ||
and agencies for the specific purposes established by the | ||
terms and conditions of the grant agreements. Any interest | ||
earnings that are attributable to moneys in the federal trust | ||
fund must be deposited into the Fund.
| ||
(b) In addition to any other transfers that may be |
provided for by law, on July 1, 2023, or as soon thereafter as | ||
practical, the State Comptroller shall direct and the State | ||
Treasurer shall transfer the sum of $2,000,000 from the State | ||
Police Services Fund to the Illinois State Police Federal | ||
Projects Fund. | ||
(Source: P.A. 102-538, eff. 8-20-21.) | ||
Section 5-40. The State Fire Marshal Act is amended by | ||
adding Section 2.8 as follows: | ||
(20 ILCS 2905/2.8 new) | ||
Sec. 2.8. Fire Station Rehabilitation and Construction | ||
Grant Program. The Office shall establish and administer a | ||
Fire Station Rehabilitation and Construction Grant Program to | ||
award grants to units of local government for the | ||
rehabilitation or construction of fire stations. The Office | ||
shall adopt any rules necessary for the implementation and | ||
administration of this Section. | ||
Section 5-45. The Governor's Office of Management and | ||
Budget Act is amended by adding Section 2.13 as follows: | ||
(20 ILCS 3005/2.13 new) | ||
Sec. 2.13. Appropriations; Railsplitter Tobacco Settlement | ||
Authority Bonds. Subject to appropriation, the Office may make | ||
payments from the Tobacco Settlement Recovery Fund to the |
trustee of those bonds issued by the Railsplitter Tobacco | ||
Settlement Authority with which the Authority has executed a | ||
bond indenture pursuant to the terms of the Railsplitter | ||
Tobacco Settlement Authority Act for the purpose of defeasing | ||
outstanding bonds of the Authority. | ||
Section 5-47. The Illinois Emergency Management Agency Act | ||
is amended by adding Section 17.8 as follows: | ||
(20 ILCS 3305/17.8 new) | ||
Sec. 17.8. IEMA State Projects Fund. The IEMA State | ||
Projects Fund is created as a trust fund in the State treasury. | ||
The Fund shall consist of any moneys appropriated to the | ||
Agency for purposes of the Illinois' Not-For-Profit Security | ||
Grant Program, a grant program authorized by subsection (g-5) | ||
of Section 5 of this Act, to provide funding support for target | ||
hardening activities and other physical security enhancements | ||
for qualifying not-for-profit organizations that are at high | ||
risk of terrorist attack. The Agency is authorized to use | ||
moneys appropriated from the Fund to make grants to | ||
not-for-profit organizations for target hardening activities, | ||
security personnel, and physical security enhancements and for | ||
the payment of administrative expenses associated with the | ||
Not-For-Profit Security Grant Program. As used in this | ||
Section, "target hardening activities" include, but are not | ||
limited to, the purchase and installation of security |
equipment on real property owned or leased by the | ||
not-for-profit organization. Grants, gifts, and moneys from | ||
any other source, public or private, may also be deposited | ||
into the Fund and used for the purposes authorized by this Act. | ||
Section 5-50. The State Finance Act is amended by changing | ||
Sections 5.62, 5.366, 5.581, 5.765, 5.857, 6, 6z-27, 6z-32, | ||
6z-35, 6z-43, 6z-100, 6z-121, 6z-126, 8.3, 8.12, 8g-1, 13.2, | ||
and 25 and by adding Sections 5.990, 5e-1, and 5h.6 as follows:
| ||
(30 ILCS 105/5.62) (from Ch. 127, par. 141.62)
| ||
Sec. 5.62. The Working Capital Revolving Fund. This | ||
Section is repealed on January 1, 2024. | ||
(Source: Laws 1919, p. 946.)
| ||
(30 ILCS 105/5.366)
| ||
Sec. 5.366. The Live and Learn Fund. This Section is | ||
repealed on January 1, 2024. | ||
(Source: P.A. 88-78; 88-670, eff. 12-2-94.)
| ||
(30 ILCS 105/5.581)
| ||
Sec. 5.581. The Professional Sports Teams Education Fund. | ||
This Section is repealed on January 1, 2024. | ||
(Source: P.A. 95-331, eff. 8-21-07.)
| ||
(30 ILCS 105/5.765)
|
Sec. 5.765. The Soil and Water Conservation District Fund. | ||
This Section is repealed on January 1, 2024. | ||
(Source: P.A. 96-1377, eff. 1-1-11; 97-333, eff. 8-12-11.)
| ||
(30 ILCS 105/5.857) | ||
(Section scheduled to be repealed on July 1, 2023) | ||
Sec. 5.857. The Capital Development Board Revolving Fund. | ||
This Section is repealed July 1, 2025 2023 .
| ||
(Source: P.A. 101-10, eff. 6-5-19; 101-645, eff. 6-26-20; | ||
102-16, eff. 6-17-21; 102-699, eff. 4-19-22.) | ||
(30 ILCS 105/5.990 new) | ||
Sec. 5.990. The Imagination Library of Illinois Fund. | ||
(30 ILCS 105/5e-1 new) | ||
Sec. 5e-1. Transfers from Road Fund. In addition to any | ||
other transfers that may be provided for by law, on July 1, | ||
2023, or as soon thereafter as practical, the State | ||
Comptroller shall direct and the State Treasurer shall | ||
transfer the sum of $10,000,000 from the Road Fund to the | ||
Federal Mass Transit Trust Fund. This Section is repealed on | ||
January 1, 2025. | ||
(30 ILCS 105/5h.6 new) | ||
Sec. 5h.6. Cash flow borrowing and health insurance funds | ||
liquidity. |
(a) To meet cash flow deficits and to maintain liquidity | ||
in the Community College Health Insurance Security Fund, the | ||
State Treasurer and the State Comptroller, as directed by the | ||
Governor, shall make transfers, on and after July 1, 2023 and | ||
through June 30, 2024, to the Community College Health | ||
Insurance Security Fund out of the Health Insurance Reserve | ||
Fund, to the extent allowed by federal law. | ||
The outstanding total transfers made from the Health | ||
Insurance Reserve Fund to the Community College Health | ||
Insurance Security Fund under this Section shall, at no time, | ||
exceed $50,000,000. Once the amount of $50,000,000 has been | ||
transferred from the Health Insurance Reserve Fund to the | ||
Community College Health Insurance Security Fund, additional | ||
transfers may be made from the Health Insurance Reserve Fund | ||
to the Community College Health Insurance Security Fund under | ||
this Section only to the extent that moneys have first been | ||
retransferred from the Community College Health Insurance | ||
Security Fund to the Health Insurance Reserve Fund. | ||
(b) If moneys have been transferred to the Community | ||
College Health Insurance Security Fund pursuant to subsection | ||
(a) of this Section, this amendatory Act of the 103rd General | ||
Assembly shall constitute the continuing authority for and | ||
direction to the State Treasurer and State Comptroller to | ||
reimburse the Health Insurance Reserve Fund from the Community | ||
College Health Insurance Security Fund by transferring to the | ||
Health Insurance Reserve Fund, at such times and in such |
amounts as directed by the Comptroller when necessary to | ||
support appropriated expenditures from the Health Insurance | ||
Reserve Fund, an amount equal to that transferred from the | ||
Health Insurance Reserve Fund, except that any moneys | ||
transferred pursuant to subsection (a) of this Section shall | ||
be repaid to the fund of origin within 108 months after the | ||
date on which they were borrowed. The continuing authority for | ||
reimbursement provided for in this subsection (b) shall expire | ||
96 months after the date of the last transfer made pursuant to | ||
subsection (a) of this Section, or June 30, 2032, whichever is | ||
sooner. | ||
(c) Beginning July 31, 2024, and every July 31 thereafter | ||
until all moneys borrowed pursuant to this Section have been | ||
repaid, the Comptroller shall annually report on every | ||
transfer made pursuant to this Section. The report shall | ||
identify the amount of each transfer, including the date and | ||
the end-of-day balance of the Health Insurance Reserve Fund | ||
and the Community College Health Insurance Security Fund on | ||
the date each transfer was made, and the status of all funds | ||
transferred under this Section for the previous fiscal year. | ||
All reports under this Section shall be provided in an | ||
electronic format to the Commission on Government Forecasting | ||
and Accountability and to the Governor's Office of Management | ||
and Budget.
| ||
(30 ILCS 105/6) (from Ch. 127, par. 142)
|
Sec. 6.
The gross or total proceeds, receipts and income | ||
of all lands
leased by the Department of Corrections and of all | ||
industrial
operations at the several State institutions and | ||
divisions under the
direction and supervision of the | ||
Department of Corrections shall be covered
into the State | ||
treasury into a state trust fund to be known as the "The | ||
Working
Capital Revolving Fund " . "Industrial operations", as | ||
herein used, means and
includes the operation of those State | ||
institutions producing, by the use of
materials, supplies and | ||
labor, goods, or wares or merchandise to be sold. On July 1, | ||
2023, or as soon thereafter as practical, the State | ||
Comptroller shall direct and the State Treasurer shall | ||
transfer the remaining balance from the Working Capital | ||
Revolving Fund into the General Revenue Fund. Upon completion | ||
of the transfer, the Working Capital Revolving Fund is | ||
dissolved, and any future deposits due to that Fund and any | ||
outstanding obligations or liabilities of that Fund shall pass | ||
to the General Revenue Fund.
| ||
(Source: P.A. 90-372, eff. 7-1-98.)
| ||
(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 Illinois State Auditing
Act. | ||
Within 30 days after July 1, 2023 2022 , or as soon |
thereafter as practical,
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: | ||
African-American HIV/AIDS Response Fund ................$1,421 | ||
Agricultural Premium Fund ............................$122,719 | ||
Alzheimer's Awareness Fund .............................$1,499 | ||
Alzheimer's Disease Research, Care, and Support Fund .....$662 | ||
Amusement Ride and Patron Safety Fund ..................$6,315 | ||
Assisted Living and Shared Housing Regulatory Fund .....$2,564 | ||
Capital Development Board Revolving Fund ..............$15,118 | ||
Care Provider Fund for Persons with a Developmental | ||
Disability ........................................$15,392 | ||
Carolyn Adams Ticket For The Cure Grant Fund .............$927 | ||
CDLIS/AAMVANET/NMVTIS Trust Fund (Commercial | ||
Driver's License Information | ||
System/American Association of | ||
Motor Vehicle Administrators | ||
network/National Motor Vehicle | ||
Title Information Service Trust Fund) ..............$5,236 | ||
Chicago Police Memorial Foundation Fund ..................$708 | ||
Chicago State University Education Improvement Fund ...$13,666 | ||
Child Labor and Day and Temporary Labor | ||
Services Enforcement Fund .........................$11,991 | ||
Child Support Administrative Fund ......................$5,287 | ||
Clean Air Act Permit Fund ..............................$1,556 |
Coal Technology Development Assistance Fund ............$6,936 | ||
Common School Fund ...................................$343,892 | ||
Community Mental Health Medicaid Trust Fund ...........$14,084 | ||
Corporate Franchise Tax Refund Fund ....................$1,096 | ||
DCFS Children's Services Fund ..........................$8,766 | ||
Death Certificate Surcharge Fund .......................$2,060 | ||
Death Penalty Abolition Fund ...........................$2,448 | ||
Department of Business Services Special | ||
Operations Fund ...................................$13,889 | ||
Department of Human Services Community Services Fund ...$7,970 | ||
Downstate Public Transportation Fund ..................$11,631 | ||
Dram Shop Fund .......................................$142,500 | ||
Driver Services Administration Fund ....................$1,873 | ||
Drug Rebate Fund ......................................$42,473 | ||
Drug Treatment Fund ....................................$1,767 | ||
Education Assistance Fund ..........................$2,031,292 | ||
Emergency Public Health Fund ...........................$5,162 | ||
Environmental Protection Permit and Inspection Fund ....$1,447 | ||
Estate Tax Refund Fund ...................................$852 | ||
Facilities Management Revolving Fund ..................$50,148 | ||
Facility Licensing Fund ................................$5,522 | ||
Fair and Exposition Fund ...............................$4,248 | ||
Feed Control Fund ......................................$7,709 | ||
Fertilizer Control Fund ................................$6,849 | ||
Fire Prevention Fund ...................................$3,859 | ||
Fund for the Advancement of Education .................$24,772 |
General Assembly Operations Revolving Fund .............$1,146 | ||
General Professions Dedicated Fund .....................$4,039 | ||
General Revenue Fund ..............................$17,653,153 | ||
Governor's Administrative Fund .........................$2,832 | ||
Governor's Grant Fund .................................$17,709 | ||
Grade Crossing Protection Fund ...........................$930 | ||
Grant Accountability and Transparency Fund ...............$805 | ||
Guardianship and Advocacy Fund ........................$14,843 | ||
Hazardous Waste Fund .....................................$835 | ||
Health Facility Plan Review Fund .......................$1,776 | ||
Health and Human Services Medicaid Trust Fund ..........$6,554 | ||
Healthcare Provider Relief Fund ......................$407,107 | ||
Healthy Smiles Fund ......................................$738 | ||
Home Care Services Agency Licensure Fund ...............$3,101 | ||
Hospital Licensure Fund ................................$1,688 | ||
Hospital Provider Fund ...............................$138,829 | ||
ICCB Federal Trust Fund ................................$9,968 | ||
ICJIA Violence Prevention Fund ...........................$932 | ||
Illinois Affordable Housing Trust Fund ................$17,236 | ||
Illinois Clean Water Fund ..............................$2,152 | ||
Illinois Health Facilities Planning Fund ...............$3,094 | ||
IMSA Income Fund ......................................$12,417 | ||
Illinois Power Agency Operations Fund .................$62,583 | ||
Illinois School Asbestos Abatement Fund ..................$784 | ||
Illinois State Fair Fund ..............................$29,752 | ||
Illinois State Police Memorial Park Fund .................$681 |
Illinois Telecommunications Access Corporation Fund ....$1,668 | ||
Illinois Underground Utility Facilities | ||
Damage Prevention Fund .............................$4,276 | ||
Illinois Veterans' Rehabilitation Fund .................$5,943 | ||
Illinois Workers' Compensation Commission | ||
Operations Fund ..................................$243,187 | ||
Income Tax Refund Fund ................................$54,420 | ||
Lead Poisoning Screening, Prevention, and | ||
Abatement Fund ....................................$16,379 | ||
Live and Learn Fund ...................................$25,492 | ||
Lobbyist Registration Administration Fund ..............$1,471 | ||
Local Government Distributive Fund ....................$44,025 | ||
Long Term Care Monitor/Receiver Fund ..................$42,016 | ||
Long-Term Care Provider Fund ..........................$13,537 | ||
Low-Level Radioactive Waste Facility Development | ||
and Operation Fund ...................................$618 | ||
Mandatory Arbitration Fund .............................$2,104 | ||
Medical Special Purposes Trust Fund ......................$786 | ||
Mental Health Fund .....................................$9,376 | ||
Mental Health Reporting Fund ...........................$1,443 | ||
Metabolic Screening and Treatment Fund ................$32,049 | ||
Monitoring Device Driving Permit Administration | ||
Fee Fund ...........................................$1,616 | ||
Motor Fuel Tax Fund ...................................$36,238 | ||
Motor Vehicle License Plate Fund ......................$17,694 | ||
Multiple Sclerosis Research Fund .........................$758 |
Nuclear Safety Emergency Preparedness Fund ............$26,117 | ||
Nursing Dedicated and Professional Fund ................$2,420 | ||
Open Space Lands Acquisition and Development Fund ........$658 | ||
Partners For Conservation Fund ........................$89,847 | ||
Pension Stabilization Fund .............................$1,031 | ||
Personal Property Tax Replacement Fund ...............$290,755 | ||
Pesticide Control Fund ................................$30,513 | ||
Plumbing Licensure and Program Fund ....................$6,276 | ||
Police Memorial Committee Fund ...........................$813 | ||
Professional Services Fund ............................$72,029 | ||
Public Health Laboratory Services Revolving Fund .......$5,816 | ||
Public Transportation Fund ............................$46,826 | ||
Public Utility Fund ..................................$198,423 | ||
Radiation Protection Fund .............................$11,034 | ||
Renewable Energy Resources Trust Fund ..................$7,834 | ||
Road Fund ............................................$226,150 | ||
Regional Transportation Authority Occupation | ||
and Use Tax Replacement Fund .......................$1,167 | ||
School Infrastructure Fund .............................$7,749 | ||
Secretary of State DUI Administration Fund .............$2,694 | ||
Secretary of State Identification Security | ||
and Theft Prevention Fund .........................$12,676 | ||
Secretary of State Police Services Fund ..................$717 | ||
Secretary of State Special License Plate Fund ..........$4,203 | ||
Secretary of State Special Services Fund ..............$34,491 | ||
Securities Audit and Enforcement Fund ..................$8,198 |
Solid Waste Management Fund ............................$1,613 | ||
Special Olympics Illinois and Special | ||
Children's Charities Fund ............................$852 | ||
Special Education Medicaid Matching Fund ...............$5,131 | ||
Sports Wagering Fund ...................................$4,450 | ||
State and Local Sales Tax Reform Fund ..................$2,361 | ||
State Construction Account Fund .......................$37,865 | ||
State Gaming Fund .....................................$94,435 | ||
State Garage Revolving Fund ............................$8,977 | ||
State Lottery Fund ...................................$340,323 | ||
State Pensions Fund ..................................$500,000 | ||
State Treasurer's Bank Services Trust Fund .............$1,295 | ||
Supreme Court Special Purposes Fund ....................$1,722 | ||
Tattoo and Body Piercing Establishment | ||
Registration Fund ....................................$950 | ||
Tax Compliance and Administration Fund .................$1,483 | ||
Technology Management Revolving Fund .................$186,193 | ||
Tobacco Settlement Recovery Fund ......................$29,864 | ||
Tourism Promotion Fund ................................$50,155 | ||
Transportation Regulatory Fund ........................$78,256 | ||
Trauma Center Fund .....................................$1,960 | ||
Underground Storage Tank Fund ..........................$3,630 | ||
University of Illinois Hospital Services Fund ..........$6,712 | ||
Vehicle Hijacking and Motor Vehicle | ||
Theft Prevention and Insurance | ||
Verification Trust Fund ...........................$10,970 |
Vehicle Inspection Fund ................................$5,069 | ||
Weights and Measures Fund .............................$22,129 | ||
Youth Alcoholism and Substance Abuse Prevention Fund .....$526 | ||
Attorney General Court Ordered and Voluntary Compliance | ||
Payment Projects Fund $38,974 | ||
Attorney General Sex Offender Awareness, | ||
Training, and Education Fund $539 | ||
Aggregate Operations Regulatory Fund $711 | ||
Agricultural Premium Fund $25,265 | ||
Attorney General's State Projects and Court | ||
Ordered Distribution Fund $43,667 | ||
Anna Veterans Home Fund $15,792 | ||
Appraisal Administration Fund $4,017 | ||
Attorney General Whistleblower Reward | ||
and Protection Fund $22,896 | ||
Bank and Trust Company Fund $78,017 | ||
Cannabis Expungement Fund $4,501 | ||
Capital Development Board Revolving Fund $2,494 | ||
Care Provider Fund for Persons with | ||
a Developmental Disability $5,707 | ||
CDLIS/AAMVAnet/NMVTIS Trust Fund $1,702 | ||
Cemetery Oversight Licensing and Disciplinary Fund $5,002 | ||
Chicago State University Education | ||
Improvement Fund $16,218 | ||
Child Support Administrative Fund $2,657 | ||
Clean Air Act Permit Fund $10,108 |
Coal Technology Development Assistance Fund $12,943 | ||
Commitment to Human Services Fund $111,465 | ||
Common School Fund $445,997 | ||
Community Mental Health Medicaid Trust Fund $9,599 | ||
Community Water Supply Laboratory Fund $637 | ||
Credit Union Fund $16,048 | ||
DCFS Children's Services Fund $287,247 | ||
Department of Business Services | ||
Special Operations Fund $4,402 | ||
Department of Corrections Reimbursement | ||
and Education Fund $60,429 | ||
Design Professionals Administration | ||
and Investigation Fund $3,362 | ||
Department of Human Services Community Services Fund $5,239 | ||
Downstate Public Transportation Fund $30,625 | ||
Driver Services Administration Fund $639 | ||
Drivers Education Fund $1,202 | ||
Drug Rebate Fund $22,702 | ||
Drug Treatment Fund $571 | ||
Drycleaner Environmental Response Trust Fund $846 | ||
Education Assistance Fund $1,969,661 | ||
Environmental Protection Permit and | ||
Inspection Fund $7,079 | ||
Facilities Management Revolving Fund $16,163 | ||
Federal High Speed Rail Trust Fund $1,264 | ||
Federal Workforce Training Fund $91,791 |
Feed Control Fund $1,701 | ||
Fertilizer Control Fund $1,791 | ||
Fire Prevention Fund $3,507 | ||
Firearm Dealer License Certification Fund $648 | ||
Fund for the Advancement of Education $44,609 | ||
General Professions Dedicated Fund $31,353 | ||
General Revenue Fund $17,663,958 | ||
Grade Crossing Protection Fund $1,856 | ||
Hazardous Waste Fund $8,446 | ||
Health and Human Services Medicaid Trust Fund $6,134 | ||
Healthcare Provider Relief Fund $185,164 | ||
Horse Racing Fund $169,632 | ||
Hospital Provider Fund $63,346 | ||
ICCB Federal Trust Fund $10,805 | ||
Illinois Affordable Housing Trust Fund $5,414 | ||
Illinois Charity Bureau Fund $3,298 | ||
Illinois Clean Water Fund $11,951 | ||
Illinois Forestry Development Fund $11,004 | ||
Illinois Gaming Law Enforcement Fund $1,869 | ||
IMSA Income Fund $2,188 | ||
Illinois Military Family Relief Fund $6,986 | ||
Illinois Power Agency Operations Fund $41,229 | ||
Illinois State Dental Disciplinary Fund $6,127 | ||
Illinois State Fair Fund $660 | ||
Illinois State Medical Disciplinary Fund $23,384 | ||
Illinois State Pharmacy Disciplinary Fund $10,308 |
Illinois Veterans Assistance Fund $2,016 | ||
Illinois Veterans' Rehabilitation Fund $862 | ||
Illinois Wildlife Preservation Fund $1,742 | ||
Illinois Workers' Compensation Commission | ||
Operations Fund $4,476 | ||
Income Tax Refund Fund $239,691 | ||
Insurance Financial Regulation Fund $104,462 | ||
Insurance Premium Tax Refund Fund $23,121 | ||
Insurance Producer Administration Fund $104,566 | ||
International Tourism Fund $1,985 | ||
LaSalle Veterans Home Fund $46,145 | ||
LEADS Maintenance Fund $681 | ||
Live and Learn Fund $8,120 | ||
Local Government Distributive Fund $154,289 | ||
Long-Term Care Provider Fund $6,468 | ||
Manteno Veterans Home Fund $93,493 | ||
Mental Health Fund $12,227 | ||
Mental Health Reporting Fund $611 | ||
Monitoring Device Driving Permit | ||
Administration Fee Fund $617 | ||
Motor Carrier Safety Inspection Fund $1,823 | ||
Motor Fuel Tax Fund $103,497 | ||
Motor Vehicle License Plate Fund $5,656 | ||
Motor Vehicle Theft Prevention and Insurance | ||
Verification Trust Fund $2,618 | ||
Nursing Dedicated and Professional Fund $11,973 |
Off-Highway Vehicle Trails Fund $1,994 | ||
Open Space Lands Acquisition and Development Fund $45,493 | ||
Optometric Licensing and Disciplinary Board Fund $1,169 | ||
Partners For Conservation Fund $19,950 | ||
Pawnbroker Regulation Fund $1,053 | ||
Personal Property Tax Replacement Fund $203,036 | ||
Pesticide Control Fund $6,845 | ||
Professional Services Fund $2,778 | ||
Professions Indirect Cost Fund $172,106 | ||
Public Pension Regulation Fund $6,919 | ||
Public Transportation Fund $77,303 | ||
Quincy Veterans Home Fund $91,704 | ||
Real Estate License Administration Fund $33,329 | ||
Registered Certified Public Accountants' | ||
Administration and Disciplinary Fund $3,617 | ||
Renewable Energy Resources Trust Fund $1,591 | ||
Rental Housing Support Program Fund $1,539 | ||
Residential Finance Regulatory Fund $20,510 | ||
Road Fund $399,062 | ||
Regional Transportation Authority Occupation and | ||
Use Tax Replacement Fund $5,205 | ||
Salmon Fund $655 | ||
School Infrastructure Fund $14,015 | ||
Secretary of State DUI Administration Fund $1,025 | ||
Secretary of State Identification Security | ||
and Theft Prevention Fund $4,502 |
Secretary of State Special License Plate Fund $1,384 | ||
Secretary of State Special Services Fund $8,114 | ||
Securities Audit and Enforcement Fund $2,824 | ||
State Small Business Credit Initiative Fund $4,331 | ||
Solid Waste Management Fund $10,397 | ||
Special Education Medicaid Matching Fund $2,924 | ||
Sports Wagering Fund $8,572 | ||
State Police Law Enforcement Administration Fund $6,822 | ||
State and Local Sales Tax Reform Fund $10,355 | ||
State Asset Forfeiture Fund $1,740 | ||
State Aviation Program Fund $557 | ||
State Construction Account Fund $195,722 | ||
State Crime Laboratory Fund $7,743 | ||
State Gaming Fund $204,660 | ||
State Garage Revolving Fund $3,731 | ||
State Lottery Fund $129,814 | ||
State Offender DNA Identification System Fund $1,405 | ||
State Pensions Fund $500,000 | ||
State Police Firearm Services Fund $16,122 | ||
State Police Services Fund $21,151 | ||
State Police Vehicle Fund $3,013 | ||
State Police Whistleblower Reward | ||
and Protection Fund $2,452 | ||
Subtitle D Management Fund $1,431 | ||
Supplemental Low-Income Energy Assistance Fund $68,591 | ||
Tax Compliance and Administration Fund $5,259 |
Technology Management Revolving Fund $244,294 | ||
Tobacco Settlement Recovery Fund $4,653 | ||
Tourism Promotion Fund $35,322 | ||
Traffic and Criminal Conviction Surcharge Fund $136,332 | ||
Underground Storage Tank Fund $20,429 | ||
University of Illinois Hospital Services Fund $3,664 | ||
Vehicle Inspection Fund $11,203 | ||
Violent Crime Victims Assistance Fund $14,202 | ||
Weights and Measures Fund $6,127 | ||
Working Capital Revolving Fund $18,120
| ||
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. 101-10, eff. 6-5-19; 101-636, eff. 6-10-20; | ||
102-16, eff. 6-17-21; 102-699, eff. 4-19-22.)
| ||
(30 ILCS 105/6z-32)
| ||
Sec. 6z-32. Partners for Planning and Conservation.
| ||
(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
| ||
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, climate resilience, | ||
and compatible agricultural and economic development
| ||
activities. Without limiting these general purposes, moneys in | ||
these Funds may
be used, subject to appropriation, for the |
following specific purposes:
| ||
(1) To foster sustainable agriculture practices and | ||
control soil erosion,
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
| ||
administrative expenses.
| ||
(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.
| ||
(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.
| ||
(4) To initiate strategies to enhance, use, and | ||
maintain Illinois' inland
lakes through education, | ||
technical assistance, research, and financial
incentives.
| ||
(5) To partner with private landowners and with units | ||
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. | ||||
(7) To provide capacity grants to support soil and | ||||
water conservation districts, including, but not limited | ||||
to, developing soil health plans, conducting soil health | ||||
assessments, peer-to-peer training, convening | ||||
producer-led dialogues, professional development and | ||||
travel stipends for meetings and educational events.
| ||||
(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, 2024 | ||||
2023 ,
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:
| ||||
|
| ||||||||||||||||||||||||||||||||||||
(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.
| ||||||||||||||||||||||||||||||||||||
(c-1) The State Comptroller and State Treasurer shall | ||||||||||||||||||||||||||||||||||||
automatically transfer on the last day of each month beginning | ||||||||||||||||||||||||||||||||||||
on July 31, 2022 and ending June 30, 2023, from the |
Environmental Protection Permit and Inspection Fund to the | ||
Partners for Conservation Fund, an amount equal to 1/12 of | ||
$5,900,000. | ||
(d) There shall be deposited into the Partners for
| ||
Conservation Projects Fund such
bond proceeds and other moneys | ||
as may, from time to time, be provided by law.
| ||
(Source: P.A. 101-10, eff. 6-5-19; 102-16, eff. 6-17-21; | ||
102-699, eff. 4-19-22.)
| ||
(30 ILCS 105/6z-35)
| ||
Sec. 6z-35.
There is hereby created in the State Treasury | ||
a special fund
to be known as the Live and Learn Fund. The | ||
Comptroller and the Treasurer
shall transfer $1,742,000 from | ||
the General Revenue Fund into the Live and Learn
Fund each | ||
month. The first transfer shall be made 60 days after the | ||
effective
date of this amendatory Act of 1993, with subsequent | ||
transfers occurring on the
first of each month. Moneys | ||
deposited into the Fund may, subject to
appropriation, be used | ||
by the Secretary of State for any or all of the
following | ||
purposes:
| ||
(a) An organ donation awareness or education program.
| ||
(b) To provide additional funds for all types of | ||
library grants as
authorized and administered by the | ||
Secretary of State as State Librarian.
| ||
On July 1, 2023, any future deposits due to the Live and | ||
Learn Fund and any outstanding obligations or liabilities of |
that Fund shall pass to the General Revenue Fund. On November | ||
1, 2023, or as soon thereafter as practical, the State | ||
Comptroller shall direct and the State Treasurer shall | ||
transfer the remaining balance from the Live and Learn Fund | ||
into the Secretary of State Special Services Fund. This | ||
Section is repealed on January 1, 2024. | ||
(Source: P.A. 88-78.)
| ||
(30 ILCS 105/6z-43)
| ||
Sec. 6z-43. Tobacco Settlement Recovery Fund.
| ||
(a) There is created in the State Treasury a special fund | ||
to be known
as the Tobacco Settlement Recovery Fund, which | ||
shall contain 3 accounts: (i) the General Account, (ii) the | ||
Tobacco Settlement Bond Proceeds Account and (iii) the Tobacco | ||
Settlement Residual Account. There shall be deposited into the | ||
several accounts of the Tobacco Settlement Recovery Fund
and | ||
the Attorney General Tobacco Fund all monies paid to the State | ||
pursuant to (1) the Master Settlement Agreement
entered in the | ||
case of People of the State of Illinois v. Philip Morris, et | ||
al.
(Circuit Court of Cook County, No. 96-L13146) and (2) any | ||
settlement with or
judgment against any tobacco product | ||
manufacturer other than one participating
in the Master | ||
Settlement Agreement in satisfaction of any released claim as
| ||
defined in the Master Settlement Agreement, as well as any | ||
other monies as
provided by law. Moneys shall be deposited | ||
into
the Tobacco Settlement Bond Proceeds Account and the |
Tobacco Settlement Residual Account as provided by the terms | ||
of the Railsplitter Tobacco Settlement Authority Act, provided | ||
that an annual amount not less than $2,500,000, subject to | ||
appropriation, shall be deposited into the Attorney General | ||
Tobacco Fund for use only by the Attorney General's office. | ||
The scheduled $2,500,000 deposit into the Tobacco Settlement | ||
Residual Account for fiscal year 2011 should be transferred to | ||
the Attorney General Tobacco Fund in fiscal year 2012 as soon | ||
as this fund has been established. All other moneys available | ||
to be deposited into the Tobacco Settlement Recovery Fund | ||
shall be deposited into the General Account. An investment | ||
made from moneys credited to a specific account constitutes | ||
part of that account and such account shall be credited with | ||
all income from the investment of such moneys. The Treasurer
| ||
may invest the moneys in the several accounts of the Fund in | ||
the same manner, in the same types of
investments, and subject | ||
to the same limitations provided in the Illinois
Pension Code | ||
for the investment of pension funds other than those | ||
established
under Article 3 or 4 of the Code. Notwithstanding | ||
the foregoing, to the extent necessary to preserve the | ||
tax-exempt status of any bonds issued pursuant to the | ||
Railsplitter Tobacco Settlement Authority Act, the interest on | ||
which is intended to be excludable from the gross income of the | ||
owners for federal income tax purposes, moneys on deposit in | ||
the Tobacco Settlement Bond Proceeds Account and the Tobacco | ||
Settlement Residual Account may be invested in obligations the |
interest upon which is tax-exempt under the provisions of | ||
Section 103 of the Internal Revenue Code of 1986, as now or | ||
hereafter amended, or any successor code or provision.
| ||
(b) Moneys on deposit in the Tobacco Settlement Bond | ||
Proceeds Account and the Tobacco Settlement Residual Account | ||
may be expended, subject to appropriation, for the purposes | ||
authorized in subsection (g) of Section 3-6 of the | ||
Railsplitter Tobacco Settlement Authority Act. | ||
(b-5) Moneys on deposit in the Tobacco Settlement Recovery | ||
Fund may be expended, subject to appropriation, for payments | ||
pursuant to Section 2.13 of the Governor's Office of | ||
Management and Budget Act. | ||
(c) As soon as may be practical after June 30, 2001, upon | ||
notification
from and at the direction of the Governor, the | ||
State Comptroller shall direct
and the State Treasurer shall | ||
transfer the unencumbered balance in the Tobacco
Settlement | ||
Recovery Fund as of June 30, 2001, as determined by the | ||
Governor,
into the Budget Stabilization Fund. The Treasurer | ||
may invest the moneys in the
Budget Stabilization Fund in the | ||
same manner, in the same types of investments,
and subject to | ||
the same limitations provided in the Illinois Pension Code for
| ||
the investment of pension funds other than those established | ||
under Article 3 or
4 of the Code.
| ||
(d) All federal financial participation moneys received
| ||
pursuant to expenditures from the Fund shall be deposited into | ||
the General Account.
|
(Source: P.A. 99-78, eff. 7-20-15.)
| ||
(30 ILCS 105/6z-100) | ||
(Section scheduled to be repealed on July 1, 2023) | ||
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 | ||
Procurement Officer appointed under paragraph (1) of | ||
subsection (a) of Section 10-20 of the Illinois Procurement | ||
Code. 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, 2025 2023 .
|
(Source: P.A. 101-10, eff. 6-5-19; 101-636, eff. 6-10-20; | ||
101-645, eff. 6-26-20; 102-16, eff. 6-17-21; 102-699, eff. | ||
4-19-22.) | ||
(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 | ||
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 , or as | ||
otherwise provided by law and consistent with appropriations | ||
of the General Assembly . 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, expended, or returned 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 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 | ||
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 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) The Illinois Emergency Management Agency, in | ||
coordination with the Governor's Office of Management and | ||
Budget, shall identify amounts derived from the State's | ||
Coronavirus Relief Fund allocation and transferred from the | ||
State CURE Fund as directed by the Governor under this Section | ||
that remain unobligated and unexpended for the period that | ||
ended on December 31, 2021. The Agency shall certify to the |
State Comptroller and the State Treasurer the amounts | ||
identified as unobligated and unexpended. The State | ||
Comptroller shall direct and the State Treasurer shall | ||
transfer the unobligated and unexpended funds identified by | ||
the Agency and held in other funds of the State Treasury under | ||
this Section to the State CURE Fund. 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; 102-16, eff. 6-17-21; | ||
102-699, eff. 4-19-22.)
|
(30 ILCS 105/6z-126)
| ||
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 Vehicle Hijacking and Motor Vehicle Theft | ||
Prevention and Insurance Verification Act. This Fund shall be | ||
used by the Illinois Law Enforcement Training Standards Board | ||
for the following purposes: (i) to fund law enforcement | ||
certification compliance ; (ii) for and the development and | ||
provision of basic courses by Board-approved academics, and | ||
in-service courses by approved academies ; and (iii) for the | ||
ordinary and contingent expenses of the Illinois Law | ||
Enforcement Training Standards Board .
| ||
(Source: P.A. 102-16, eff. 6-17-21; 102-904, eff. 1-1-23; | ||
102-1071, eff. 6-10-22; revised 12-13-22.) | ||
(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 | ||
2022, 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 2023, 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 2024, for the purposes of | ||
a grant not to exceed $9,108,400 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 2022 when no | ||
more than $17,570,000 may be expended and except fiscal | ||
year 2023 when no more than $17,570,000 may be expended | ||
and except fiscal year 2024 when no more than $19,063,500 | ||
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. Illinois State Police, except for expenditures with
| ||
respect to the Division of Patrol Operations and Division | ||
of Criminal Investigation; | ||
2. Department of Transportation, only with respect to | ||
Intercity Rail
Subsidies, except fiscal year 2022 when no | ||
more than $50,000,000 may be expended and except fiscal | ||
year 2023 when no more than $55,000,000 may be expended | ||
and except fiscal year 2024 when no more than $60,000,000 | ||
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. Illinois State Police, except not more than 40% of | ||
the
funds appropriated for the Division of Patrol | ||
Operations and Division of Criminal Investigation; | ||
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 2022 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 2023 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 2024 | ||
for the purposes of a grant not to exceed $9,108,400 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 the | ||
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 Illinois 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 Illinois 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: | ||||
|
| ||||||||||||||||||||
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. 101-10, eff. 6-5-19; 101-636, eff. 6-10-20; | ||
102-16, eff. 6-17-21; 102-538, eff. 8-20-21; 102-699, eff. | ||
4-19-22; 102-813, eff. 5-13-22.)
| ||
(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 2025 2024 , 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) (Blank). 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 2024 2023 , 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 2025 2024 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. 101-10, eff. 6-5-19; 101-487, eff. 8-23-19; | ||
101-636, eff. 6-10-20; 102-16, eff. 6-17-21; 102-699, eff. | ||
4-19-22.)
| ||
(30 ILCS 105/8g-1) | ||
Sec. 8g-1. Fund transfers. | ||
(a) (Blank).
| ||
(b) (Blank). | ||
(c) (Blank). | ||
(d) (Blank). | ||
(e) (Blank). | ||
(f) (Blank). | ||
(g) (Blank). | ||
(h) (Blank). | ||
(i) (Blank). | ||
(j) (Blank). | ||
(k) (Blank). | ||
(l) (Blank). | ||
(m) (Blank). | ||
(n) (Blank). | ||
(o) (Blank). | ||
(p) (Blank). | ||
(q) (Blank). | ||
(r) (Blank). | ||
(s) (Blank). | ||
(t) (Blank). |
(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. | ||
(z) In addition to any other transfers that may be | ||
provided for by law, on April 19, 2022 (the effective date of | ||
Public Act 102-699), 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 of | ||
$148,000,000 from the General Revenue Fund to the Build | ||
Illinois Bond Fund. | ||
(aa) In addition to any other transfers that may be | ||
provided for by law, on April 19, 2022 (the effective date of | ||
Public Act 102-699), 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 of | ||
$180,000,000 from the General Revenue Fund to the Rebuild | ||
Illinois Projects Fund. | ||
(bb) In addition to any other transfers that may be | ||
provided for by law, on July 1, 2022, 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. | ||
(cc) In addition to any other transfers that may be | ||
provided for by law, on July 1, 2022, 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. | ||
(dd) In addition to any other transfers that may be | ||
provided by law, on April 19, 2022 (the effective date of | ||
Public Act 102-700), 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 of | ||
$685,000,000 from the General Revenue Fund to the Income Tax | ||
Refund Fund. Moneys from this transfer shall be used for the | ||
purpose of making the one-time rebate payments provided under | ||
Section 212.1 of the Illinois Income Tax Act. | ||
(ee) In addition to any other transfers that may be | ||
provided by law, beginning on April 19, 2022 (the effective | ||
date of Public Act 102-700) and until December 31, 2023, at the | ||
direction of the Department of Revenue, the State Comptroller | ||
shall direct and the State Treasurer shall transfer from the | ||
General Revenue Fund to the Income Tax Refund Fund any amounts | ||
needed beyond the amounts transferred in subsection (dd) to | ||
make payments of the one-time rebate payments provided under | ||
Section 212.1 of the Illinois Income Tax Act. |
(ff) In addition to any other transfers that may be | ||
provided for by law, on April 19, 2022 (the effective date of | ||
Public Act 102-700), 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 of | ||
$720,000,000 from the General Revenue Fund to the Budget | ||
Stabilization Fund. | ||
(gg) In addition to any other transfers that may be | ||
provided for by law, on July 1, 2022, or as soon thereafter as | ||
practical, the State Comptroller shall direct and the State | ||
Treasurer shall transfer the sum of $280,000,000 from the | ||
General Revenue Fund to the Budget Stabilization Fund. | ||
(hh) In addition to any other transfers that may be | ||
provided for by law, on July 1, 2022, or as soon thereafter as | ||
practical, the State Comptroller shall direct and the State | ||
Treasurer shall transfer the sum of $200,000,000 from the | ||
General Revenue Fund to the Pension Stabilization Fund. | ||
(ii) In addition to any other transfers that may be | ||
provided for by law, on January 1, 2023, or as soon thereafter | ||
as practical, the State Comptroller shall direct and the State | ||
Treasurer shall transfer the sum of $850,000,000 from the | ||
General Revenue Fund to the Budget Stabilization Fund. | ||
(jj) In addition to any other transfers that may be | ||
provided for by law, at a time or times during Fiscal Year 2023 | ||
as directed by the Governor, the State Comptroller shall | ||
direct and the State Treasurer shall transfer up to a total of |
$400,000,000 from the General Revenue Fund to the Large | ||
Business Attraction Fund. | ||
(kk) In addition to any other transfers that may be | ||
provided for by law, on January 1, 2023, or as soon thereafter | ||
as practical, the State Comptroller shall direct and the State | ||
Treasurer shall transfer the sum of $72,000,000 from the | ||
General Revenue Fund to the Disaster Response and Recovery | ||
Fund. | ||
(ll) In addition to any other transfers that may be | ||
provided for by law, on the effective date of the changes made | ||
to this Section by this amendatory Act of the 103rd General | ||
Assembly, or as soon thereafter as practical, but no later | ||
than June 30, 2023, the State Comptroller shall direct and the | ||
State Treasurer shall transfer the sum of $200,000,000 from | ||
the General Revenue Fund to the Pension Stabilization Fund. | ||
(mm) In addition to any other transfers that may be | ||
provided for by law, beginning on the effective date of the | ||
changes made to this Section by this amendatory Act of the | ||
103rd General Assembly and until June 30, 2024, as directed by | ||
the Governor, the State Comptroller shall direct and the State | ||
Treasurer shall transfer up to a total of $1,500,000,000 from | ||
the General Revenue Fund to the State Coronavirus Urgent | ||
Remediation Emergency Fund. | ||
(nn) In addition to any other transfers that may be | ||
provided for by law, beginning on the effective date of the | ||
changes made to this Section by this amendatory Act of the |
103rd General Assembly and until June 30, 2024, as directed by | ||
the Governor, the State Comptroller shall direct and the State | ||
Treasurer shall transfer up to a total of $424,000,000 from | ||
the General Revenue Fund to the Build Illinois Bond Fund. | ||
(oo) In addition to any other transfers that may be | ||
provided for by law, on July 1, 2023, 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. | ||
(pp) In addition to any other transfers that may be | ||
provided for by law, on July 1, 2023, 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. | ||
(Source: P.A. 101-10, eff. 6-5-19; 101-636, eff. 6-10-20; | ||
102-16, eff. 6-17-21; 102-699, eff. 4-19-22; 102-700, Article | ||
40, Section 40-5, eff. 4-19-22; 102-700, Article 80, Section | ||
80-5, eff. 4-19-22; 102-1115, eff. 1-9-23.)
| ||
(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. | ||
The Department of Central Management Services is | ||
authorized to make transfers not exceeding 2% of the aggregate | ||
amount appropriated to it, within the same treasury fund, from | ||
the various line items appropriated to the Department, into | ||
the following line item appropriations: auto liability claims | ||
and related expenses and payment of claims under the State | ||
Employee Indemnification Act. | ||
(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). | ||
(c-7) (Blank). | ||
(c-8) (Blank). 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. | ||
(c-9) Special provisions for State fiscal year 2023. | ||
Notwithstanding any other provision of this Section, for State | ||
fiscal year 2023, 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 | ||
2023 shall not exceed 4% of the aggregate amount appropriated | ||
to that State agency for operational or lump sum expenses for | ||
State fiscal year 2023. 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-10) Special provisions for State fiscal year 2024. | ||
Notwithstanding any other provision of this Section, for State | ||
fiscal year 2024, 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 | ||
2024 shall not exceed 8% of the aggregate amount appropriated | ||
to that State agency for operational or lump sum expenses for | ||
State fiscal year 2024. 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. | ||
(g) For State fiscal year 2024 and each fiscal year | ||
thereafter, if requested by an agency chief executive officer | ||
and authorized and approved by the Comptroller, the | ||
Comptroller may direct and the Treasurer shall transfer funds |
from the General Revenue Fund to fund payroll expenses that | ||
meet the payroll transaction exception criteria as defined by | ||
the Comptroller in the Statewide Accounting Management System | ||
(SAMS) Manual. The agency shall then transfer these funds back | ||
to the General Revenue Fund within 7 days. | ||
(Source: P.A. 101-10, eff. 6-5-19; 101-81, eff. 7-12-19; | ||
101-275, eff. 8-9-19; 101-636, eff. 6-10-20; 102-16, eff. | ||
6-17-21; 102-699, eff. 4-19-22.)
| ||
(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, and each | ||
fiscal year thereafter 2019, 2020, 2021, 2022, and 2023 , | ||
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 4-month | ||
period ending at the close of business on October 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. 101-10, eff. 6-5-19; 101-275, eff. 8-9-19; | ||
101-636, eff. 6-10-20; 102-16, eff. 6-17-21; 102-291, eff. | ||
8-6-21; 102-699, eff. 4-19-22; 102-813, eff. 5-13-22.)
| ||
Section 5-55. 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 2024 2023 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. 101-10, eff. 6-5-19; 101-636, eff. 6-10-20; | ||
102-16, eff. 6-17-21; 102-699, eff. 4-19-22.)
| ||
Section 5-60. The Railsplitter Tobacco Settlement | ||
Authority Act is amended by changing Section 3-5 as follows: |
(30 ILCS 171/3-5)
| ||
Sec. 3-5. Certain powers of the Authority. The Authority | ||
shall have the power to: | ||
(1) sue and be sued;
| ||
(2) have a seal and alter the same at pleasure;
| ||
(3) make and alter by-laws for its organization and | ||
internal management and make rules and regulations | ||
governing the use of its property and facilities;
| ||
(4) appoint by and with the consent of the Attorney | ||
General, assistant attorneys for such Authority; those | ||
assistant attorneys shall be under the control, direction, | ||
and supervision of the Attorney General and shall serve at | ||
his or her pleasure; | ||
(5) retain special counsel, subject to the approval of | ||
the Attorney General, as needed from time to time, and fix | ||
their compensation, provided however, such special counsel | ||
shall be subject to the control, direction and supervision | ||
of the Attorney General and shall serve at his or her | ||
pleasure; | ||
(6) make and execute contracts and all other | ||
instruments necessary or convenient for the exercise of | ||
its powers and functions under this Section and to | ||
commence any action to protect or enforce any right | ||
conferred upon it by any law, contract, or other | ||
agreement, provided that any underwriter, financial | ||
advisor, bond counsel, or other professional providing |
services to the Authority may be selected pursuant to | ||
solicitations issued and completed by the Governor's | ||
Office of Management and Budget for those services;
| ||
(7) appoint officers and agents, prescribe their | ||
duties and qualifications, fix their compensation and | ||
engage the services of private consultants and counsel on | ||
a contract basis for rendering professional and technical | ||
assistance and advice, provided that this shall not be | ||
construed to limit the authority of the Attorney General | ||
provided in Section 4 of the Attorney General Act;
| ||
(8) pay its operating expenses and its financing | ||
costs, including its reasonable costs of issuance and sale | ||
and those of the Attorney General, if any, in a total | ||
amount not greater than 1% of the principal amount of the | ||
proceeds of the bond sale;
| ||
(9) borrow money in its name and issue negotiable | ||
bonds and provide for the rights of the holders thereof as | ||
otherwise provided in this Act;
| ||
(10) procure insurance against any loss in connection | ||
with its activities, properties, and assets in such amount | ||
and from such insurers as it deems desirable;
| ||
(11) invest any funds or other moneys under its | ||
custody and control in investment securities , including in | ||
defeasance collateral, as that term is defined in any bond | ||
indenture to which the Authority is party, or under any | ||
related bond facility;
|
(12) as security for the payment of the principal of | ||
and interest on any bonds issued by it pursuant to this Act | ||
and any agreement made in connection therewith and for its | ||
obligations under any related bond facility, pledge all or | ||
any part of the tobacco settlement revenues;
| ||
(13) receive payments, transfers of funds, or other
| ||
moneys from any source in furtherance of a defeasance of | ||
bonds, provide notice to an indenture trustee of the | ||
defeasance of outstanding bonds, and execute and deliver | ||
those instruments necessary to discharge the lien of the | ||
trustee and the security interest of the holders of | ||
outstanding bonds created under an indenture; and | ||
(14) do any and all things necessary or convenient to | ||
carry out its purposes and exercise the powers expressly | ||
given and granted in this Section.
| ||
(Source: P.A. 96-958, eff. 7-1-10.) | ||
Section 5-62. The Illinois Procurement Code is amended by | ||
changing Sections 1-10, 10-10, and 10-20 as follows:
| ||
(30 ILCS 500/1-10)
| ||
Sec. 1-10. Application.
| ||
(a) This Code applies only to procurements for which | ||
bidders, offerors, potential contractors, or contractors were | ||
first
solicited on or after July 1, 1998. This Code shall not | ||
be construed to affect
or impair any contract, or any |
provision of a contract, entered into based on a
solicitation | ||
prior to the implementation date of this Code as described in
| ||
Article 99, including, but not limited to, any covenant | ||
entered into with respect
to any revenue bonds or similar | ||
instruments.
All procurements for which contracts are | ||
solicited between the effective date
of Articles 50 and 99 and | ||
July 1, 1998 shall be substantially in accordance
with this | ||
Code and its intent.
| ||
(b) This Code shall apply regardless of the source of the | ||
funds with which
the contracts are paid, including federal | ||
assistance moneys. This
Code shall
not apply to:
| ||
(1) Contracts between the State and its political | ||
subdivisions or other
governments, or between State | ||
governmental bodies, except as specifically provided in | ||
this Code.
| ||
(2) Grants, except for the filing requirements of | ||
Section 20-80.
| ||
(3) Purchase of care, except as provided in Section | ||
5-30.6 of the Illinois Public Aid
Code and this Section.
| ||
(4) Hiring of an individual as an employee and not as | ||
an independent
contractor, whether pursuant to an | ||
employment code or policy or by contract
directly with | ||
that individual.
| ||
(5) Collective bargaining contracts.
| ||
(6) Purchase of real estate, except that notice of | ||
this type of contract with a value of more than $25,000 |
must be published in the Procurement Bulletin within 10 | ||
calendar days after the deed is recorded in the county of | ||
jurisdiction. The notice shall identify the real estate | ||
purchased, the names of all parties to the contract, the | ||
value of the contract, and the effective date of the | ||
contract.
| ||
(7) Contracts necessary to prepare for anticipated | ||
litigation, enforcement
actions, or investigations, | ||
provided
that the chief legal counsel to the Governor | ||
shall give his or her prior
approval when the procuring | ||
agency is one subject to the jurisdiction of the
Governor, | ||
and provided that the chief legal counsel of any other | ||
procuring
entity
subject to this Code shall give his or | ||
her prior approval when the procuring
entity is not one | ||
subject to the jurisdiction of the Governor.
| ||
(8) (Blank).
| ||
(9) Procurement expenditures by the Illinois | ||
Conservation Foundation
when only private funds are used.
| ||
(10) (Blank). | ||
(11) Public-private agreements entered into according | ||
to the procurement requirements of Section 20 of the | ||
Public-Private Partnerships for Transportation Act and | ||
design-build agreements entered into according to the | ||
procurement requirements of Section 25 of the | ||
Public-Private Partnerships for Transportation Act. | ||
(12) (A) Contracts for legal, financial, and other |
professional and artistic services entered into by the | ||
Illinois Finance Authority in which the State of Illinois | ||
is not obligated. Such contracts shall be awarded through | ||
a competitive process authorized by the members of the | ||
Illinois Finance Authority and are subject to Sections | ||
5-30, 20-160, 50-13, 50-20, 50-35, and 50-37 of this Code, | ||
as well as the final approval by the members of the | ||
Illinois Finance Authority of the terms of the contract. | ||
(B) Contracts for legal and financial services entered | ||
into by the Illinois Housing Development Authority in | ||
connection with the issuance of bonds in which the State | ||
of Illinois is not obligated. Such contracts shall be | ||
awarded through a competitive process authorized by the | ||
members of the Illinois Housing Development Authority and | ||
are subject to Sections 5-30, 20-160, 50-13, 50-20, 50-35, | ||
and 50-37 of this Code, as well as the final approval by | ||
the members of the Illinois Housing Development Authority | ||
of the terms of the contract. | ||
(13) Contracts for services, commodities, and | ||
equipment to support the delivery of timely forensic | ||
science services in consultation with and subject to the | ||
approval of the Chief Procurement Officer as provided in | ||
subsection (d) of Section 5-4-3a of the Unified Code of | ||
Corrections, except for the requirements of Sections | ||
20-60, 20-65, 20-70, and 20-160 and Article 50 of this | ||
Code; however, the Chief Procurement Officer may, in |
writing with justification, waive any certification | ||
required under Article 50 of this Code. For any contracts | ||
for services which are currently provided by members of a | ||
collective bargaining agreement, the applicable terms of | ||
the collective bargaining agreement concerning | ||
subcontracting shall be followed. | ||
On and after January 1, 2019, this paragraph (13), | ||
except for this sentence, is inoperative. | ||
(14) Contracts for participation expenditures required | ||
by a domestic or international trade show or exhibition of | ||
an exhibitor, member, or sponsor. | ||
(15) Contracts with a railroad or utility that | ||
requires the State to reimburse the railroad or utilities | ||
for the relocation of utilities for construction or other | ||
public purpose. Contracts included within this paragraph | ||
(15) shall include, but not be limited to, those | ||
associated with: relocations, crossings, installations, | ||
and maintenance. For the purposes of this paragraph (15), | ||
"railroad" means any form of non-highway ground | ||
transportation that runs on rails or electromagnetic | ||
guideways and "utility" means: (1) public utilities as | ||
defined in Section 3-105 of the Public Utilities Act, (2) | ||
telecommunications carriers as defined in Section 13-202 | ||
of the Public Utilities Act, (3) electric cooperatives as | ||
defined in Section 3.4 of the Electric Supplier Act, (4) | ||
telephone or telecommunications cooperatives as defined in |
Section 13-212 of the Public Utilities Act, (5) rural | ||
water or waste water systems with 10,000 connections or | ||
less, (6) a holder as defined in Section 21-201 of the | ||
Public Utilities Act, and (7) municipalities owning or | ||
operating utility systems consisting of public utilities | ||
as that term is defined in Section 11-117-2 of the | ||
Illinois Municipal Code. | ||
(16) Procurement expenditures necessary for the | ||
Department of Public Health to provide the delivery of | ||
timely newborn screening services in accordance with the | ||
Newborn Metabolic Screening Act. | ||
(17) Procurement expenditures necessary for the | ||
Department of Agriculture, the Department of Financial and | ||
Professional Regulation, the Department of Human Services, | ||
and the Department of Public Health to implement the | ||
Compassionate Use of Medical Cannabis Program and Opioid | ||
Alternative Pilot Program requirements and ensure access | ||
to medical cannabis for patients with debilitating medical | ||
conditions in accordance with the Compassionate Use of | ||
Medical Cannabis Program Act. | ||
(18) This Code does not apply to any procurements | ||
necessary for the Department of Agriculture, the | ||
Department of Financial and Professional Regulation, the | ||
Department of Human Services, the Department of Commerce | ||
and Economic Opportunity, and the Department of Public | ||
Health to implement the Cannabis Regulation and Tax Act if |
the applicable agency has made a good faith determination | ||
that it is necessary and appropriate for the expenditure | ||
to fall within this exemption and if the process is | ||
conducted in a manner substantially in accordance with the | ||
requirements of Sections 20-160, 25-60, 30-22, 50-5, | ||
50-10, 50-10.5, 50-12, 50-13, 50-15, 50-20, 50-21, 50-35, | ||
50-36, 50-37, 50-38, and 50-50 of this Code; however, for | ||
Section 50-35, compliance applies only to contracts or | ||
subcontracts over $100,000. Notice of each contract | ||
entered into under this paragraph (18) that is related to | ||
the procurement of goods and services identified in | ||
paragraph (1) through (9) of this subsection shall be | ||
published in the Procurement Bulletin within 14 calendar | ||
days after contract execution. The Chief Procurement | ||
Officer shall prescribe the form and content of the | ||
notice. Each agency shall provide the Chief Procurement | ||
Officer, on a monthly basis, in the form and content | ||
prescribed by the Chief Procurement Officer, a report of | ||
contracts that are related to the procurement of goods and | ||
services identified in this subsection. At a minimum, this | ||
report shall include the name of the contractor, a | ||
description of the supply or service provided, the total | ||
amount of the contract, the term of the contract, and the | ||
exception to this Code utilized. A copy of any or all of | ||
these contracts shall be made available to the Chief | ||
Procurement Officer immediately upon request. The Chief |
Procurement Officer shall submit a report to the Governor | ||
and General Assembly no later than November 1 of each year | ||
that includes, at a minimum, an annual summary of the | ||
monthly information reported to the Chief Procurement | ||
Officer. This exemption becomes inoperative 5 years after | ||
June 25, 2019 (the effective date of Public Act 101-27). | ||
(19) Acquisition of modifications or adjustments, | ||
limited to assistive technology devices and assistive | ||
technology services, adaptive equipment, repairs, and | ||
replacement parts to provide reasonable accommodations (i) | ||
that enable a qualified applicant with a disability to | ||
complete the job application process and be considered for | ||
the position such qualified applicant desires, (ii) that | ||
modify or adjust the work environment to enable a | ||
qualified current employee with a disability to perform | ||
the essential functions of the position held by that | ||
employee, (iii) to enable a qualified current employee | ||
with a disability to enjoy equal benefits and privileges | ||
of employment as are enjoyed by other similarly situated | ||
employees without disabilities, and (iv) that allow a | ||
customer, client, claimant, or member of the public | ||
seeking State services full use and enjoyment of and | ||
access to its programs, services, or benefits. | ||
For purposes of this paragraph (19): | ||
"Assistive technology devices" means any item, piece | ||
of equipment, or product system, whether acquired |
commercially off the shelf, modified, or customized, that | ||
is used to increase, maintain, or improve functional | ||
capabilities of individuals with disabilities. | ||
"Assistive technology services" means any service that | ||
directly assists an individual with a disability in | ||
selection, acquisition, or use of an assistive technology | ||
device. | ||
"Qualified" has the same meaning and use as provided | ||
under the federal Americans with Disabilities Act when | ||
describing an individual with a disability. | ||
(20) Procurement expenditures necessary for the
| ||
Illinois Commerce Commission to hire third-party
| ||
facilitators pursuant to Sections 16-105.17 and
16-108.18 | ||
of the Public Utilities Act or an ombudsman pursuant to | ||
Section 16-107.5 of the Public Utilities Act, a | ||
facilitator pursuant to Section 16-105.17 of the Public | ||
Utilities Act, or a grid auditor pursuant to Section | ||
16-105.10 of the Public Utilities Act. | ||
(21) Procurement expenditures for the purchase, | ||
renewal, and expansion of software, software licenses, or | ||
software maintenance agreements that support the efforts | ||
of the Illinois State Police to enforce, regulate, and | ||
administer the Firearm Owners Identification Card Act, the | ||
Firearm Concealed Carry Act, the Firearms Restraining | ||
Order Act, the Firearm Dealer License Certification Act, | ||
the Law Enforcement Agencies Data System (LEADS), the |
Uniform Crime Reporting Act, the Criminal Identification | ||
Act, the Uniform Conviction Information Act, and the Gun | ||
Trafficking Information Act, or establish or maintain | ||
record management systems necessary to conduct human | ||
trafficking investigations or gun trafficking or other | ||
stolen firearm investigations. This paragraph (21) applies | ||
to contracts entered into on or after the effective date | ||
of this amendatory Act of the 102nd General Assembly and | ||
the renewal of contracts that are in effect on the | ||
effective date of this amendatory Act of the 102nd General | ||
Assembly. | ||
(22) Contracts for project management services and
| ||
system integration services required for the completion of | ||
the State's enterprise resource planning project. This | ||
exemption becomes inoperative 5 years after the effective | ||
date of the changes made to this Section by this | ||
amendatory Act of the 103rd General Assembly. This | ||
paragraph (22) applies to contracts entered into on or | ||
after the effective date of the changes made to this | ||
Section by this amendatory Act of the 103rd General | ||
Assembly and the renewal of contracts that are in effect | ||
on the effective date of the changes made to this Section | ||
by this amendatory Act of the 103rd General Assembly. | ||
Notwithstanding any other provision of law, for contracts | ||
with an annual value of more than $100,000 entered into on or | ||
after October 1, 2017 under an exemption provided in any |
paragraph of this subsection (b), except paragraph (1), (2), | ||
or (5), each State agency shall post to the appropriate | ||
procurement bulletin the name of the contractor, a description | ||
of the supply or service provided, the total amount of the | ||
contract, the term of the contract, and the exception to the | ||
Code utilized. The chief procurement officer shall submit a | ||
report to the Governor and General Assembly no later than | ||
November 1 of each year that shall include, at a minimum, an | ||
annual summary of the monthly information reported to the | ||
chief procurement officer. | ||
(c) This Code does not apply to the electric power | ||
procurement process provided for under Section 1-75 of the | ||
Illinois Power Agency Act and Section 16-111.5 of the Public | ||
Utilities Act. | ||
(d) Except for Section 20-160 and Article 50 of this Code, | ||
and as expressly required by Section 9.1 of the Illinois | ||
Lottery Law, the provisions of this Code do not apply to the | ||
procurement process provided for under Section 9.1 of the | ||
Illinois Lottery Law. | ||
(e) This Code does not apply to the process used by the | ||
Capital Development Board to retain a person or entity to | ||
assist the Capital Development Board with its duties related | ||
to the determination of costs of a clean coal SNG brownfield | ||
facility, as defined by Section 1-10 of the Illinois Power | ||
Agency Act, as required in subsection (h-3) of Section 9-220 | ||
of the Public Utilities Act, including calculating the range |
of capital costs, the range of operating and maintenance | ||
costs, or the sequestration costs or monitoring the | ||
construction of clean coal SNG brownfield facility for the | ||
full duration of construction. | ||
(f) (Blank). | ||
(g) (Blank). | ||
(h) This Code does not apply to the process to procure or | ||
contracts entered into in accordance with Sections 11-5.2 and | ||
11-5.3 of the Illinois Public Aid Code. | ||
(i) Each chief procurement officer may access records | ||
necessary to review whether a contract, purchase, or other | ||
expenditure is or is not subject to the provisions of this | ||
Code, unless such records would be subject to attorney-client | ||
privilege. | ||
(j) This Code does not apply to the process used by the | ||
Capital Development Board to retain an artist or work or works | ||
of art as required in Section 14 of the Capital Development | ||
Board Act. | ||
(k) This Code does not apply to the process to procure | ||
contracts, or contracts entered into, by the State Board of | ||
Elections or the State Electoral Board for hearing officers | ||
appointed pursuant to the Election Code. | ||
(l) This Code does not apply to the processes used by the | ||
Illinois Student Assistance Commission to procure supplies and | ||
services paid for from the private funds of the Illinois | ||
Prepaid Tuition Fund. As used in this subsection (l), "private |
funds" means funds derived from deposits paid into the | ||
Illinois Prepaid Tuition Trust Fund and the earnings thereon. | ||
(m) This Code shall apply regardless of the source of | ||
funds with which contracts are paid, including federal | ||
assistance moneys. Except as specifically provided in this | ||
Code, this Code shall not apply to procurement expenditures | ||
necessary for the Department of Public Health to conduct the | ||
Healthy Illinois Survey in accordance with Section 2310-431 of | ||
the Department of Public Health Powers and Duties Law of the | ||
Civil Administrative Code of Illinois. | ||
(Source: P.A. 101-27, eff. 6-25-19; 101-81, eff. 7-12-19; | ||
101-363, eff. 8-9-19; 102-175, eff. 7-29-21; 102-483, eff | ||
1-1-22; 102-558, eff. 8-20-21; 102-600, eff. 8-27-21; 102-662, | ||
eff. 9-15-21; 102-721, eff. 1-1-23; 102-813, eff. 5-13-22; | ||
102-1116, eff. 1-10-23.)
| ||
(30 ILCS 500/10-10)
| ||
Sec. 10-10. Independent State purchasing officers. | ||
(a) The chief procurement officer shall
appoint and | ||
determine the salary of a State purchasing officer for each | ||
agency that the chief procurement officer is responsible for | ||
under Section 1-15.15. A State purchasing officer shall be | ||
located in the State agency that the officer serves but shall | ||
report to his or her respective chief procurement officer. The | ||
State purchasing officer shall have direct communication with | ||
agency staff assigned to assist with any procurement process. |
At the direction of his or her respective chief procurement | ||
officer, a State purchasing officer shall have the authority | ||
to (i) review any contract or contract amendment prior to | ||
execution to ensure that applicable procurement and | ||
contracting standards were followed and (ii) approve or reject | ||
contracts for a purchasing agency. If the State purchasing | ||
officer provides written approval of the contract, the head of | ||
the applicable State agency shall have the authority to sign | ||
and enter into that contract. All actions of a State | ||
purchasing officer are subject to review by a chief | ||
procurement officer in accordance with procedures and policies | ||
established by the chief procurement officer. | ||
(a-5) A State purchasing officer may (i) attend any | ||
procurement meetings; (ii) access any records or files related | ||
to procurement; (iii) submit reports to the chief procurement | ||
officer on procurement issues; (iv) ensure the State agency is | ||
maintaining appropriate records; and (v) ensure transparency | ||
of the procurement process. | ||
(a-10) If a State purchasing officer is aware of | ||
misconduct, waste, or inefficiency with respect to State | ||
procurement, the State purchasing officer shall advise the | ||
State agency of the issue in writing. If the State agency does | ||
not correct the issue, the State purchasing officer shall | ||
report the problem, in writing, to the chief procurement | ||
officer and appropriate Inspector General. | ||
(b) In addition to any other requirement or qualification |
required by State law, within 30 months after appointment, a | ||
State purchasing officer must be a Certified Professional | ||
Public Buyer or a Certified Public Purchasing Officer, | ||
pursuant to certification by the Universal Public Purchasing | ||
Certification Council or the Institute for Supply Management. | ||
A State purchasing officer shall serve a term of 5 years | ||
beginning on the date of the officer's appointment. A State | ||
purchasing officer shall have an office located in the State | ||
agency that the officer serves but shall report to the chief | ||
procurement officer. A State purchasing officer may be removed | ||
by a chief procurement officer for cause after a hearing by the | ||
Executive Ethics Commission. The chief procurement officer or | ||
executive officer of the State agency housing the State | ||
purchasing officer may institute a complaint against the State | ||
purchasing officer by filing such a complaint with the | ||
Commission and the Commission shall have a public hearing | ||
based on the complaint. The State purchasing officer, chief | ||
procurement officer, and executive officer of the State agency | ||
shall receive notice of the hearing and shall be permitted to | ||
present their respective arguments on the complaint. After the | ||
hearing, the Commission shall make a non-binding | ||
recommendation on whether the State purchasing officer shall | ||
be removed. The salary of a State purchasing officer shall be | ||
established by the chief procurement officer and may not be | ||
diminished during the officer's term. In the absence of an | ||
appointed State purchasing
officer, the applicable
chief |
procurement officer shall exercise the procurement authority | ||
created by
this Code and may appoint a temporary acting State | ||
purchasing officer.
| ||
(c) Each State purchasing officer owes a fiduciary duty to | ||
the State. | ||
(Source: P.A. 100-43, eff. 8-9-17.)
| ||
(30 ILCS 500/10-20) | ||
Sec. 10-20. Independent chief procurement officers. | ||
(a) Appointment. Within 60 calendar days after the | ||
effective date of this amendatory Act of the 96th General | ||
Assembly, the Executive Ethics Commission, with the advice and | ||
consent of the Senate shall appoint or approve 4 chief | ||
procurement officers, one for each of the following | ||
categories: | ||
(1) for procurements for construction and | ||
construction-related services committed by law to the | ||
jurisdiction or responsibility of the Capital Development | ||
Board; | ||
(2) for procurements for all construction, | ||
construction-related services, operation of any facility, | ||
and the provision of any service or activity committed by | ||
law to the jurisdiction or responsibility of the Illinois | ||
Department of Transportation, including the direct or | ||
reimbursable expenditure of all federal funds for which | ||
the Department of Transportation is responsible or |
accountable for the use thereof in accordance with federal | ||
law, regulation, or procedure, the chief procurement | ||
officer recommended for approval under this item appointed | ||
by the Secretary of Transportation after consent by the | ||
Executive Ethics Commission; | ||
(3) for all procurements made by a public institution | ||
of higher education; and | ||
(4) for all other procurement needs of State agencies. | ||
For fiscal year 2024, the Executive Ethics Commission | ||
shall set aside from its appropriation those amounts necessary | ||
for the use of the 4 chief procurement officers for the | ||
ordinary and contingent expenses of their respective | ||
procurement offices. From the amounts set aside by the | ||
Commission, each chief procurement officer shall control the | ||
internal operations of his or her procurement office and shall | ||
procure the necessary equipment, materials, and services to | ||
perform the duties of that office, including hiring necessary | ||
procurement personnel, legal advisors and other employees, and | ||
may establish, in the exercise of the chief procurement | ||
officer's discretion, the compensation of the office's | ||
employees, which includes the State purchasing officers and | ||
any legal advisors. The Executive Ethics Commission shall have | ||
no control over the employees of the chief procurement | ||
officers. The Executive Ethics Commission shall provide | ||
administrative support services, including payroll, for each | ||
procurement office. A chief procurement officer shall be |
responsible to the Executive Ethics Commission but must be | ||
located within the agency that the officer provides with | ||
procurement services. The chief procurement officer for higher | ||
education shall have an office located within the Board of | ||
Higher Education, unless otherwise designated by the Executive | ||
Ethics Commission. The chief procurement officer for all other | ||
procurement needs of the State shall have an office located | ||
within the Department of Central Management Services, unless | ||
otherwise designated by the Executive Ethics Commission. | ||
(b) Terms and independence. Each chief procurement officer | ||
appointed under this Section shall serve for a term of 5 years | ||
beginning on the date of the officer's appointment. The chief | ||
procurement officer may be removed for cause after a hearing | ||
by the Executive Ethics Commission. The Governor or the | ||
director of a State agency directly responsible to the | ||
Governor may institute a complaint against the officer by | ||
filing such complaint with the Commission. The Commission | ||
shall have a hearing based on the complaint. The officer and | ||
the complainant shall receive reasonable notice of the hearing | ||
and shall be permitted to present their respective arguments | ||
on the complaint. After the hearing, the Commission shall make | ||
a finding on the complaint and may take disciplinary action, | ||
including but not limited to removal of the officer. | ||
The salary of a chief procurement officer shall be | ||
established by the Executive Ethics Commission and may not be | ||
diminished during the officer's term. The salary may not |
exceed the salary of the director of a State agency for which | ||
the officer serves as chief procurement officer. | ||
(c) Qualifications. In addition to any other requirement | ||
or qualification required by State law, each chief procurement | ||
officer must within 12 months of employment be a Certified | ||
Professional Public Buyer or a Certified Public Purchasing | ||
Officer, pursuant to certification by the Universal Public | ||
Purchasing Certification Council, and must reside in Illinois. | ||
(d) Fiduciary duty. Each chief procurement officer owes a | ||
fiduciary duty to the State. | ||
(e) Vacancy. In case of a vacancy in one or more of the | ||
offices of a chief procurement officer under this Section | ||
during the recess of the Senate, the Executive Ethics | ||
Commission shall make a temporary appointment until the next | ||
meeting of the Senate, when the Executive Ethics Commission | ||
shall nominate some person to fill the office, and any person | ||
so nominated who is confirmed by the Senate shall hold office | ||
during the remainder of the term and until his or her successor | ||
is appointed and qualified. If the Senate is not in session at | ||
the time this amendatory Act of the 96th General Assembly | ||
takes effect, the Executive Ethics Commission shall make a | ||
temporary appointment as in the case of a vacancy. | ||
(f) (Blank). | ||
(g) (Blank). | ||
(Source: P.A. 98-1076, eff. 1-1-15 .) |
Section 5-65. The Illinois Works Jobs Program Act is | ||
amended by changing Section 20-15 as follows: | ||
(30 ILCS 559/20-15)
| ||
Sec. 20-15. Illinois Works Preapprenticeship Program; | ||
Illinois Works Bid Credit Program. | ||
(a) The Illinois Works Preapprenticeship Program is | ||
established and shall be administered by the Department. The | ||
goal of the Illinois Works Preapprenticeship Program is to | ||
create a network of community-based organizations throughout | ||
the State that will recruit, prescreen, and provide | ||
preapprenticeship skills training, for which participants may | ||
attend free of charge and receive a stipend, to create a | ||
qualified, diverse pipeline of workers who are prepared for | ||
careers in the construction and building trades. Upon | ||
completion of the Illinois Works Preapprenticeship Program, | ||
the candidates will be skilled and work-ready. | ||
(b) There is created the Illinois Works Fund, a special | ||
fund in the State treasury. The Illinois Works Fund shall be | ||
administered by the Department. The Illinois Works Fund shall | ||
be used to provide funding for community-based organizations | ||
throughout the State. In addition to any other transfers that | ||
may be provided for by law, on and after July 1, 2019 at the | ||
direction of the Director of the Governor's Office of | ||
Management and Budget, the State Comptroller shall direct and | ||
the State Treasurer shall transfer amounts not exceeding a |
total of $50,000,000 $25,000,000 from the Rebuild Illinois | ||
Projects Fund to the Illinois Works Fund. | ||
(c) Each community-based organization that receives | ||
funding from the Illinois Works Fund shall provide an annual | ||
report to the Illinois Works Review Panel by April 1 of each | ||
calendar year. The annual report shall include the following | ||
information: | ||
(1) a description of the community-based | ||
organization's recruitment, screening, and training | ||
efforts; | ||
(2) the number of individuals who apply to, | ||
participate in, and complete the community-based | ||
organization's program, broken down by race, gender, age, | ||
and veteran status; and | ||
(3) the number of the individuals referenced in item (2) | ||
of this subsection who are initially accepted and placed | ||
into apprenticeship programs in the construction and | ||
building trades. | ||
(d) The Department shall create and administer the | ||
Illinois Works Bid Credit Program that shall provide economic | ||
incentives, through bid credits, to encourage contractors and | ||
subcontractors to provide contracting and employment | ||
opportunities to historically underrepresented populations in | ||
the construction industry. | ||
The Illinois Works Bid Credit Program shall allow | ||
contractors and subcontractors to earn bid credits for use |
toward future bids for public works projects contracted by the | ||
State or an agency of the State in order to increase the | ||
chances that the contractor and the subcontractors will be | ||
selected. | ||
Contractors or subcontractors may be eligible for bid | ||
credits for employing apprentices who have completed the | ||
Illinois Works Preapprenticeship Program on public works | ||
projects contracted by the State or any agency of the State. | ||
Contractors or subcontractors shall earn bid credits at a rate | ||
established by the Department and based on labor hours worked | ||
on State-contracted public works projects by apprentices who | ||
have completed the Illinois Works Preapprenticeship Program. | ||
The Department shall establish the rate by rule and shall | ||
publish it on the Department's website. The rule may include | ||
maximum bid credits allowed per contractor, per subcontractor, | ||
per apprentice, per bid, or per year. | ||
The Illinois Works Credit Bank is hereby created and shall | ||
be administered by the Department. The Illinois Works Credit | ||
Bank shall track the bid credits. | ||
A contractor or subcontractor who has been awarded bid | ||
credits under any other State program for employing | ||
apprentices who have completed the Illinois Works | ||
Preapprenticeship Program is not eligible to receive bid | ||
credits under the Illinois Works Bid Credit Program relating | ||
to the same contract. | ||
The Department shall report to the Illinois Works Review |
Panel the following: (i) the number of bid credits awarded by | ||
the Department; (ii) the number of bid credits submitted by | ||
the contractor or subcontractor to the agency administering | ||
the public works contract; and (iii) the number of bid credits | ||
accepted by the agency for such contract. Any agency that | ||
awards bid credits pursuant to the Illinois Works Credit Bank | ||
Program shall report to the Department the number of bid | ||
credits it accepted for the public works contract. | ||
Upon a finding that a contractor or subcontractor has | ||
reported falsified records to the Department in order to | ||
fraudulently obtain bid credits, the Department may bar the | ||
contractor or subcontractor from participating in the Illinois | ||
Works Bid Credit Program and may suspend the contractor or | ||
subcontractor from bidding on or participating in any public | ||
works project. False or fraudulent claims for payment relating | ||
to false bid credits may be subject to damages and penalties | ||
under applicable law. | ||
(e) The Department shall adopt any rules deemed necessary | ||
to implement this Section. In order to provide for the | ||
expeditious and timely implementation of this Act, the | ||
Department may adopt emergency rules. The adoption of | ||
emergency rules authorized by this subsection is deemed to be | ||
necessary for the public interest, safety, and welfare.
| ||
(Source: P.A. 101-31, eff. 6-28-19; 101-601, eff. 12-10-19.) | ||
Section 5-70. The Private Colleges and Universities |
Capital Distribution Formula Act is amended by changing | ||
Section 25-15 as follows: | ||
(30 ILCS 769/25-15) | ||
Sec. 25-15. Transfer of funds to another independent | ||
college. | ||
(a) If an institution received a grant under this Article | ||
and subsequently fails to meet the definition of "independent | ||
college", the remaining funds shall be re-distributed as | ||
provided in Section 25-10 to those institutions that have an | ||
active grant under this Article , unless the campus or | ||
facilities for which the grant was given are subsequently | ||
operated by another institution that qualifies as an | ||
independent college under this Article. | ||
(b) If the facilities of a former independent college are | ||
operated by another entity that qualifies as an independent | ||
college as provided in subsection (a) of this Section, then | ||
the entire balance of the grant provided under this Article | ||
remaining on the date the former independent college ceased | ||
operations, including any amount that had been withheld after | ||
the former independent college ceased operations, shall be | ||
transferred to the successor independent college for the | ||
purpose of the grant operating those facilities for the | ||
duration of the grant. | ||
(c) In the event that, on or before July 16, 2014 ( the | ||
effective date of Public Act 98-715) this amendatory Act of |
the 98th General Assembly , the remaining funds have been | ||
re-allocated or re-distributed to other independent colleges, | ||
or the Illinois Board of Higher Education has planned for the | ||
remaining funds to be re-allocated or re-distributed to other | ||
independent colleges, before the 5-year period provided under | ||
this Act for the utilization of funds has ended, any funds so | ||
re-allocated or re-distributed shall be deducted from future | ||
allocations to those other independent colleges and | ||
re-allocated or re-distributed to the initial institution or | ||
the successor entity operating the facilities of the original | ||
institution if: (i) the institution that failed to meet the | ||
definition of "independent college" once again meets the | ||
definition of "independent college" before the 5-year period | ||
has expired; or (ii) the facility or facilities of the former | ||
independent college are operated by another entity that | ||
qualifies as an independent college before the 5-year period | ||
has expired.
| ||
(d) Notwithstanding subsection (a) of this Section, on or | ||
after the effective date of the changes made to this Section by | ||
this amendatory Act of the 103rd General Assembly, remaining | ||
funds returned to the State by an institution that failed to | ||
meet the definition of "independent college" and that received | ||
a grant from appropriations enacted prior to June 28, 2019, | ||
shall not be re-distributed. Any such funds shall instead be | ||
added to the funds made available in the first grant cycle | ||
under subsection (d) of Section 25-10 by the Board of Higher |
Education following the effective date of the changes made to | ||
this Section by this amendatory Act of the 103rd General | ||
Assembly and shall be distributed pursuant to the formula as | ||
provided in subsection (d) of Section 25-10. | ||
(Source: P.A. 101-10, eff. 6-5-19.) | ||
Section 5-75. The Illinois Income Tax Act is amended by | ||
changing Section 901 as follows:
| ||
(35 ILCS 5/901)
| ||
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 and continuing through July 31, 2022, 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; (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; and (iii) | ||
beginning February 1, 2022, 6.06% of the net revenue realized | ||
from the tax imposed by subsection (p) of Section 201 of this | ||
Act upon electing pass-through entities. Beginning August 1, | ||
2022 and continuing through July 31, 2023 , 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) 6.16% 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; |
(ii) 6.85% 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; and (iii) 6.16% of | ||
the net revenue realized from the tax imposed by subsection | ||
(p) of Section 201 of this Act upon electing pass-through | ||
entities. Beginning August 1, 2023, 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) 6.47% 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; | ||
(ii) 6.85% 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; and (iii) 6.47% of | ||
the net revenue realized from the tax imposed by subsection | ||
(p) of Section 201 of this Act upon electing pass-through | ||
entities. 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 into 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. | ||
(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 fiscal year | ||
2023, the Annual Percentage shall be 9.25%. For fiscal | ||
year 2024, the Annual Percentage shall be 9.15%. 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)(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 | ||
fiscal year 2023, the Annual Percentage shall be 14.5%. | ||
For fiscal year 2024, the Annual Percentage shall be 14%. | ||
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), except that in | ||
State fiscal years 2022 and 2023, moneys in the Income Tax | ||
Refund Fund shall also be used to pay one-time rebate | ||
payments as provided under Sections 208.5 and 212.1. | ||
(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, | ||
and excluding for fiscal year 2022 amounts attributable to | ||
transfers from the General Revenue Fund authorized by | ||
Public Act 102-700 this amendatory Act of the 102nd | ||
General Assembly . | ||
(5) This Act shall constitute an irrevocable and | ||
continuing
appropriation from the Income Tax Refund Fund | ||
for the purposes of (i) paying
refunds upon the order of | ||
the Director in accordance with the provisions of
this | ||
Section and (ii) paying one-time rebate payments under | ||
Sections 208.5 and 212.1. | ||
(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. 101-8, see Section 99 for effective date; | ||
101-10, eff. 6-5-19; 101-81, eff. 7-12-19; 101-636, eff. | ||
6-10-20; 102-16, eff. 6-17-21; 102-558, eff. 8-20-21; 102-658, | ||
eff. 8-27-21; 102-699, eff. 4-19-22; 102-700, eff. 4-19-22; | ||
102-813, eff. 5-13-22; revised 8-2-22.)
| ||
Section 5-80. 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 revenue | ||
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 into in the Build Illinois Fund | ||
in the State
Treasury for each State fiscal year 40% of the | ||
amount of total
net revenue proceeds from the tax imposed by | ||
subsection (a) of Section 3.
Of the remaining 60% : (i) , | ||
$5,000,000 shall be deposited into 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 (ii) an amount equal to the then applicable | ||
Advance Amount
additional $8,000,000 shall be deposited into | ||
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 the then applicable Advance Amount | ||
$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, 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 | ||
revenue proceeds beginning on August 1, 2011 through June 30, | ||
2023, from the tax imposed by subsection (a) of Section 3 after | ||
all required deposits into 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 and through June 30, 2023 , 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 this
that Act during the previous month less | ||
the amount paid out during that same
month as refunds to | ||
taxpayers for overpayment of liability under this that Act.
| ||
Beginning on July 1, 2023, of the remaining 60% of the | ||
amount of total net revenue realized from the tax imposed | ||
under subsection (a) of Section 3, after all required deposits | ||
into the Illinois Sports Facilities Fund: | ||
(1) an amount equal to 8% of the net revenue realized
| ||
under this Act for the preceding month shall be deposited | ||
as follows: 82% to the Local Tourism Fund and 18% to the | ||
Chicago Travel Industry Promotion Fund; and | ||
(2) an amount equal to 4.5% of the net revenue
| ||
realized under this Act for the preceding month shall be | ||
deposited as follows: 55% to the Chicago Travel Industry | ||
Promotion Fund and 45% to the International Tourism Fund. | ||
After making all these deposits, any remaining net revenue | ||
realized from all other proceeds of the tax imposed under
| ||
subsection (a) of Section 3 shall be deposited into 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 payroll 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. 102-16, eff. 6-17-21.)
| ||
Section 5-85. The Motor Fuel Tax Law is amended by | ||
changing Section 8 as follows:
| ||
(35 ILCS 505/8) (from Ch. 120, par. 424)
| ||
Sec. 8. Distribution of proceeds of tax. 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 into 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 and | ||
Section 13a as a result of the increase in the tax rate under | ||
subsection (a) of Section 2 authorized by Public Act 101-32 | ||
shall be deposited transferred each month into the | ||
Transportation Renewal Fund; provided, however, that the | ||
amount that represents the part (b) portion of the rate under | ||
Section 13a shall be deposited each month into the Motor Fuel | ||
Tax Fund and the Transportation Renewal Fund in the same | ||
proportion as the amount collected under subsection (a) of | ||
Section 2; | ||
(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; $5,500,000 in fiscal year 2022 and each | ||
fiscal
year
thereafter shall be transferred to the | ||
Transportation
Regulatory Fund 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.
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; 102-16, eff. 6-17-21; 102-558, eff. | ||
8-20-21; 102-699, eff. 4-19-22.)
| ||
Section 5-87. The Illinois Pension Code is amended by | ||
changing Sections 1A-112, 2-121.1, and 16-132 and by adding | ||
Sections 2-105.3 and 2-105.4 as follows:
| ||
(40 ILCS 5/1A-112)
| ||
Sec. 1A-112. Fees.
| ||
(a) Every pension fund that is required to file an annual | ||
statement under
Section 1A-109 shall pay to the Department an | ||
annual compliance fee. In the
case of a pension fund under | ||
Article 3 or 4 of this Code, (i) prior to the conclusion of the | ||
transition period, the annual compliance
fee shall be 0.02% (2 | ||
basis points) of the total
assets of the pension
fund, as | ||
reported in the most current annual statement of the fund, but | ||
not
more than $8,000 and (ii) after the conclusion of the | ||
transition period, the annual compliance fee shall be $8,000 | ||
and shall be paid by the Consolidated Fund. In the case of all | ||
other pension funds and
retirement
systems, the annual | ||
compliance fee shall be $8,000. Effective July 1, 2023, each | ||
pension fund established under Article 3 or 4 of this Code | ||
shall pay an annual compliance fee of at least 0.02% but not |
more than 0.05% of the total assets of the pension fund, as | ||
reported in the most current annual statement of the fund, to | ||
the Department of Insurance unless the appropriate | ||
Consolidated Fund agrees to conduct an audit or examination of | ||
all pension funds as provided in Section 1A-104. The | ||
Department shall have the discretion to set the annual | ||
compliance fee to be paid by each pension fund to cover the | ||
cost of the compliance audits. The Department shall provide | ||
written notice to each Article 3 and Article 4 pension fund of | ||
the amount of the annual compliance fee due not less than 60 | ||
days prior to the fee payment deadline.
| ||
(b) The annual compliance fee shall be due on June 30 for | ||
the following
State fiscal year, except that the fee payable | ||
in 1997 for fiscal year 1998
shall be due no earlier than 30 | ||
days following the effective date of this
amendatory Act of | ||
1997.
| ||
(c) Any information obtained by the Division that is | ||
available to the public
under the Freedom of Information Act | ||
and is either compiled in published form
or maintained on a | ||
computer processible medium shall be furnished upon the
| ||
written request of any applicant and the payment of a | ||
reasonable information
services fee established by the | ||
Director, sufficient to cover the total cost to
the Division | ||
of compiling, processing, maintaining, and generating the
| ||
information. The information may be furnished by means of | ||
published copy or on
a computer processed or computer |
processible medium.
| ||
No fee may be charged to any person for information that | ||
the Division is
required by law to furnish to that person.
| ||
(d) Except as otherwise provided in this Section, all fees | ||
and penalties
collected by the Department under this Code | ||
shall be deposited into the Public
Pension Regulation Fund.
| ||
(e) Fees collected under subsection (c) of this Section | ||
and money collected
under Section 1A-107 shall be deposited | ||
into the Technology Management Revolving Fund and credited to | ||
the account of the Department's Public Pension
Division. This | ||
income shall be used exclusively for the
purposes set forth in | ||
Section 1A-107. Notwithstanding the provisions of
Section | ||
408.2 of the Illinois Insurance Code, no surplus funds | ||
remaining in
this account shall be deposited in the Insurance | ||
Financial Regulation Fund.
All money in this account that the | ||
Director certifies is not needed for the
purposes set forth in | ||
Section 1A-107 of this Code shall be transferred to the
Public | ||
Pension Regulation Fund.
| ||
(f) Nothing in this Code prohibits the General Assembly | ||
from appropriating
funds from the General Revenue Fund to the | ||
Department for the purpose of
administering or enforcing this | ||
Code.
| ||
(Source: P.A. 100-23, eff. 7-6-17; 101-610, eff. 1-1-20.)
| ||
(40 ILCS 5/2-105.3 new) | ||
Sec. 2-105.3. Tier 1 participant; Tier 2 participant. |
"Tier 1 participant": A participant who first became a | ||
participant before January 1, 2011. | ||
"Tier 2 participant": A participant who first became a | ||
participant on or after January 1, 2011. | ||
(40 ILCS 5/2-105.4 new) | ||
Sec. 2-105.4. Tier 1 retiree. "Tier 1 retiree" means a | ||
former Tier 1 participant who has made the election to retire | ||
and has terminated service.
| ||
(40 ILCS 5/2-121.1) (from Ch. 108 1/2, par. 2-121.1)
| ||
Sec. 2-121.1. Survivor's annuity; amount annuity - amount .
| ||
(a) A surviving spouse shall be entitled to 66 2/3% of the | ||
amount of
retirement annuity to which the participant or | ||
annuitant was entitled on
the date of death, without regard to | ||
whether the participant had attained
age 55 prior to his or her | ||
death, subject to a minimum payment of 10% of
salary. If a | ||
surviving spouse, regardless of age, has in his or her care
at | ||
the date of death any eligible child or children of the | ||
participant, the
survivor's annuity shall be the greater of | ||
the following: (1) 66 2/3% of
the amount of retirement annuity | ||
to which the participant or annuitant was
entitled on the date | ||
of death, or (2) 30% of the participant's salary
increased by | ||
10% of salary on account of each such child, subject to a
total | ||
payment for the surviving spouse and children of 50% of | ||
salary. If
eligible children survive but there is no surviving |
spouse, or if the
surviving spouse dies or becomes | ||
disqualified by
remarriage while eligible children survive, | ||
each
eligible child shall be entitled to an annuity of 20% of | ||
salary, subject
to a maximum total payment for all such | ||
children of 50% of salary.
| ||
However, the survivor's annuity payable under this Section | ||
shall not be
less than 100% of the amount of retirement annuity | ||
to which the participant
or annuitant was entitled on the date | ||
of death, if he or she is survived by
a dependent disabled | ||
child.
| ||
The salary to be used for determining these benefits shall | ||
be the
salary used for determining the amount of retirement | ||
annuity as provided
in Section 2-119.01.
| ||
(b) Upon the death of a participant after the termination | ||
of service or
upon death of an annuitant, the maximum total | ||
payment to a surviving spouse
and eligible children, or to | ||
eligible children alone if there is no surviving
spouse, shall | ||
be 75% of the retirement annuity to which the participant
or | ||
annuitant was entitled, unless there is a dependent disabled | ||
child
among the survivors.
| ||
(c) When a child ceases to be an eligible child, the | ||
annuity to that
child, or to the surviving spouse on account of | ||
that child, shall thereupon
cease, and the annuity payable to | ||
the surviving spouse or other eligible
children shall be | ||
recalculated if necessary.
| ||
Upon the ineligibility of the last eligible child, the |
annuity shall
immediately revert to the amount payable upon | ||
death of a participant or
annuitant who leaves no eligible | ||
children. If the surviving spouse is then
under age 50, the | ||
annuity as revised shall be deferred until the attainment
of | ||
age 50.
| ||
(d) Beginning January 1, 1990, every survivor's annuity | ||
shall be increased
(1) on each January 1 occurring on or after | ||
the commencement of the annuity if
the deceased member died | ||
while receiving a retirement annuity, or (2) in
other cases, | ||
on each January 1 occurring on or after the first anniversary
| ||
of the commencement of the annuity, by an amount equal to 3% of | ||
the current
amount of the annuity, including any previous | ||
increases under this Article.
Such increases shall apply | ||
without regard to whether the deceased member
was in service | ||
on or after the effective date of this amendatory Act of
1991, | ||
but shall not accrue for any period prior to January 1, 1990.
| ||
(d-5) Notwithstanding any other provision of this Article, | ||
the initial survivor's annuity of a survivor of a participant | ||
who first becomes a participant on or after January 1, 2011 | ||
(the effective date of Public Act 96-889) shall be in the | ||
amount of 66 2/3% of the amount of the retirement annuity to | ||
which the participant or annuitant was entitled on the date of | ||
death and shall be increased (1) on each January 1 occurring on | ||
or after the commencement of the annuity if
the deceased | ||
member died while receiving a retirement annuity or (2) in
| ||
other cases, on each January 1 occurring on or after the first |
anniversary
of the commencement of the annuity, by an amount | ||
equal to 3% or the annual unadjusted percentage increase in | ||
the Consumer Price Index for All Urban Consumers as determined | ||
by the Public Pension Division of the Department of Insurance | ||
under subsection (a) of Section 2-108.1, whichever is less, of | ||
the survivor's annuity then being paid. | ||
The provisions of this subsection (d-5) shall not apply to | ||
a survivor's annuity of a survivor of a participant who died in | ||
service before January 1, 2023. | ||
(e) Notwithstanding any other provision of this Article, | ||
beginning
January 1, 1990, the minimum survivor's annuity | ||
payable to any person who
is entitled to receive a survivor's | ||
annuity under this Article shall be
$300 per month, without | ||
regard to whether or not the deceased participant
was in | ||
service on the effective date of this amendatory Act of 1989.
| ||
(f) In the case of a proportional survivor's annuity | ||
arising under
the Retirement Systems Reciprocal Act where the | ||
amount payable by the
System on January 1, 1993 is less than | ||
$300 per month, the amount payable
by the System shall be | ||
increased beginning on that date by a monthly amount
equal to | ||
$2 for each full year that has expired since the annuity began.
| ||
(g) Notwithstanding any other provision of this Code, the | ||
survivor's annuity payable to an eligible survivor of a Tier 2 | ||
participant who died in service prior to January 1, 2023 shall | ||
be calculated in accordance with the provisions applicable to | ||
the survivors of a deceased Tier 1 participant. |
Notwithstanding Section 1-103.1, the changes to this Section | ||
made by this amendatory Act of the 103rd General Assembly | ||
apply without regard to whether the participant was in active | ||
service before the effective date of the changes made to this | ||
Section by this amendatory Act of the 103rd General Assembly. | ||
(Source: P.A. 96-889, eff. 1-1-11; 96-1490, eff. 1-1-11.)
| ||
(40 ILCS 5/16-132) (from Ch. 108 1/2, par. 16-132)
| ||
Sec. 16-132. Retirement annuity eligibility. A member who | ||
has at least 20 years of creditable service is entitled to a
| ||
retirement annuity upon or after attainment of age 55.
A | ||
member who has at least 10 but less than 20 years of creditable | ||
service is
entitled to a retirement annuity upon or after | ||
attainment of age 60.
A member who has at least 5 but less than | ||
10 years of creditable service is
entitled to a retirement | ||
annuity upon or after attainment of age 62.
A member who (i) | ||
has earned during the period immediately preceding the last
| ||
day of service at least one year of contributing creditable | ||
service as an
employee of a department as defined in Section | ||
14-103.04, (ii) has earned at
least 5 years of contributing | ||
creditable service as an employee of a department
as defined | ||
in Section 14-103.04, and (iii) retires on or after January 1, | ||
2001
is entitled to a retirement annuity upon or after | ||
attainment of an age which,
when added to the number of years | ||
of his or her total creditable service,
equals at least 85. | ||
Portions of years shall be counted as decimal equivalents.
|
A member who is eligible to receive a retirement annuity | ||
of at least 74.6% of
final average salary and will attain age | ||
55 on or before December 31 during the
year which commences on | ||
July 1 shall be deemed to attain age 55 on the
preceding June | ||
1.
| ||
A member meeting the above eligibility conditions is | ||
entitled to a retirement
annuity upon written application to | ||
the board setting forth the date the member
wishes the | ||
retirement annuity to commence. However, the effective date of | ||
the
retirement annuity shall be no earlier than the day | ||
following the last day of
creditable service, regardless of | ||
the date of official termination of
employment; however, upon
| ||
written application within 6 months after the effective date
| ||
of the changes made to this Section by this amendatory Act of | ||
the 103rd General Assembly by a
member or annuitant, the | ||
creditable service and earnings
received in the last fiscal | ||
year of employment may be
disregarded when determining the | ||
retirement effective date and the retirement benefit except | ||
that the effective date of a retirement annuity may be after | ||
the date of official termination of employment as long as such | ||
employment is for (1) less than 10 days in length ; and (2) less | ||
than $2,500 $2,000 in creditable earnings; and (3) the last | ||
fiscal year of
employment includes only a fiscal year | ||
beginning on or after
July 1, 2016 and ending before June | ||
30,2023 compensation . The
retirement effective date may not, | ||
as a result of the
application of this amendatory Act of the |
103rd General
Assembly, be earlier than July 1, 2016.
| ||
To be eligible for a retirement annuity, a member shall | ||
not be employed
as a teacher in the schools included under this | ||
System or under Article 17,
except (i) as provided in Section | ||
16-118 or 16-150.1, (ii) if
the member is disabled (in which | ||
event, eligibility for salary must cease),
or (iii) if the | ||
System is required by federal law to commence
payment due to | ||
the member's age; the changes to this sentence made by this
| ||
amendatory Act of the 93rd General Assembly apply without
| ||
regard to whether the member terminated employment before or | ||
after its
effective date.
| ||
(Source: P.A. 102-871, eff. 5-13-22.)
| ||
(40 ILCS 5/2-105.1 rep.) | ||
(40 ILCS 5/2-105.2 rep.) | ||
Section 5-88. The Illinois Pension Code is amended by | ||
repealing Sections 2-105.1 and 2-105.2. | ||
Section 5-89. The Innovation Development and Economy Act | ||
is amended by changing Sections 20, 30, and 50 as follows: | ||
(50 ILCS 470/20)
| ||
Sec. 20. Approval of STAR bond projects. The governing | ||
body of a political subdivision may establish one or more STAR | ||
bond projects in any STAR bond district. A STAR bond project | ||
which is partially outside the boundaries of a municipality |
must also be approved by the governing body of the county by | ||
resolution. | ||
(a) After the establishment of a STAR bond district, the | ||
master developer may propose one or more STAR bond projects to | ||
a political subdivision and the master developer shall, in | ||
cooperation with the political subdivision, prepare a STAR | ||
bond project plan in consultation with the planning commission | ||
of the political subdivision, if any. The STAR bond project | ||
plan may be implemented in separate development stages.
| ||
(b) Any political subdivision considering a STAR bond | ||
project within a STAR bond district shall notify the | ||
Department, which shall cause to be prepared an independent | ||
feasibility study by a feasibility consultant with certified | ||
copies provided to the political subdivision, the Director, | ||
and the Department of Commerce and Economic Opportunity. The | ||
feasibility study shall include the following: | ||
(1) the estimated amount of pledged STAR revenues | ||
expected to be collected in each year through the maturity | ||
date of the proposed STAR bonds;
| ||
(2) a statement of how the jobs and taxes obtained | ||
from the STAR bond project will contribute significantly | ||
to the economic development of the State and region;
| ||
(3) visitation expectations;
| ||
(4) the unique quality of the project; | ||
(5) an economic impact study;
| ||
(6) a market study;
|
(7) integration and collaboration with other resources | ||
or businesses;
| ||
(8) the quality of service and experience provided, as | ||
measured against national consumer standards for the | ||
specific target market;
| ||
(9) project accountability, measured according to best | ||
industry practices;
| ||
(10) the expected return on State and local investment | ||
that the STAR bond project is anticipated to produce; and
| ||
(11) an anticipated principal and interest payment | ||
schedule on the STAR bonds.
| ||
The feasibility consultant, along with the independent | ||
economist and any other consultants commissioned to perform | ||
the studies and other analysis required by the feasibility | ||
study, shall be selected by the Director with the approval of | ||
the political subdivision. The consultants shall be retained | ||
by the
Director and the Department shall be reimbursed by the | ||
master
developer for the costs to retain the consultants. | ||
The failure to include all information enumerated in this | ||
subsection in the feasibility study for a STAR bond project | ||
shall not affect the validity of STAR bonds issued pursuant to | ||
this Act.
| ||
(c) If the political subdivision determines the STAR bond | ||
project is feasible, the STAR bond project plan shall include: | ||
(1) a summary of the feasibility study;
| ||
(2) a reference to the STAR bond district plan that |
identifies the STAR bond project area that is set forth in | ||
the STAR bond project plan that is being considered;
| ||
(3) a legal description and map of the STAR bond | ||
project area to be developed or redeveloped;
| ||
(4) a description of the buildings and facilities | ||
proposed to be constructed or improved in such STAR bond | ||
project area, including destination users and an | ||
entertainment user, as applicable; | ||
(5) a copy of letters of intent to locate within the | ||
STAR bond district signed by both the master developer and | ||
the appropriate corporate officer of at least one | ||
destination user for the first STAR bond project proposed | ||
within the district; and | ||
(6) any other information the governing body of the | ||
political subdivision deems reasonable and necessary to | ||
advise the public of the intent of the STAR bond project | ||
plan. | ||
(d) Before a political subdivision may hold a public
| ||
hearing to consider a STAR bond project plan, the political | ||
subdivision must apply to the Department for approval of the | ||
STAR
bond project plan. An application for approval of a STAR | ||
bond
project plan must not be approved unless all of the | ||
components of
the feasibility study set forth in items (1) | ||
through (11) of subsection
(b) have been completed and | ||
submitted to the Department for
review. In addition to | ||
reviewing all of the other elements of the
STAR bond project |
plan required under subsection (c), which must
be included in | ||
the application (which plan must include a letter or
letters | ||
of intent as required under subdivision (c)(5) in order to
| ||
receive Director approval), the Director must review the | ||
feasibility
study and consider all of the components of the | ||
feasibility study set
forth in items (1) through (11) of | ||
subsection (b) of Section 20,
including without limitation the | ||
economic impact study and the
financial benefit of the | ||
proposed STAR bond project to the local,
regional, and State | ||
economies, the proposed adverse impacts on
similar businesses | ||
and projects as well as municipalities within the
market area, | ||
and the net effect of the proposed STAR bond project
on the | ||
local, regional, and State economies. In addition to the
| ||
economic impact study, the political subdivision must also | ||
submit to
the Department, as part of its application, the | ||
financial and other
information that substantiates the basis | ||
for the conclusion of the
economic impact study, in the form | ||
and manner as required by the
Department, so that the | ||
Department can verify the results of the
study. In addition to | ||
any other criteria in this subsection, to approve
the STAR | ||
bond project plan, the Director must be satisfied that the
| ||
proposed destination user is in fact a true destination user | ||
and also
find that the STAR bond project plan is in accordance | ||
with the
purpose of this Act and the public interest. The | ||
Director shall either
approve or deny the STAR bond project | ||
plan based on the criteria in
this subsection. In granting its |
approval, the Department may require the political subdivision | ||
to execute a binding agreement or memorandum of understanding | ||
with the State. The terms of the agreement or memorandum may | ||
include, among other things, the political subdivision's | ||
repayment of the State sales tax increment distributed to it | ||
should any violation of the agreement or memorandum or this | ||
Act occur. | ||
(e) Upon a finding by the planning and zoning commission | ||
of the political subdivision that the STAR bond project plan | ||
is consistent with the intent of the comprehensive plan for | ||
the development of the political subdivision and upon issuance | ||
of written approval of the STAR bond project plan from the | ||
Director pursuant to subsection (d) of Section 20, the | ||
governing body of the political subdivision shall adopt a | ||
resolution stating that the political subdivision is | ||
considering the adoption of the STAR bond project plan. The | ||
resolution shall:
| ||
(1) give notice that a public hearing will be held to | ||
consider the adoption of the STAR bond project plan and | ||
fix the date, hour, and place of the public hearing;
| ||
(2) describe the general boundaries of the STAR bond | ||
district within which the STAR bond project will be | ||
located and the date of establishment of the STAR bond | ||
district;
| ||
(3) describe the general boundaries of the area | ||
proposed to be included within the STAR bond project area;
|
(4) provide that the STAR bond project plan and map of | ||
the area to be redeveloped or developed are available for | ||
inspection during regular office hours in the offices of | ||
the political subdivision; and
| ||
(5) contain a summary of the terms and conditions of | ||
any proposed project development agreement with the | ||
political subdivision.
| ||
(f) A public hearing shall be conducted to consider the | ||
adoption of any STAR bond project plan. | ||
(1) The date fixed for the public hearing to consider | ||
the adoption of the STAR bond project plan shall be not | ||
less than 20 nor more than 90 days following the date of | ||
the adoption of the resolution fixing the date of the | ||
hearing.
| ||
(2) A copy of the political subdivision's resolution | ||
providing for the public hearing shall be sent by | ||
certified mail, return receipt requested, to the governing | ||
body of the county. A copy of the political subdivision's | ||
resolution providing for the public hearing shall be sent | ||
by certified mail, return receipt requested, to each | ||
person or persons in whose name the general taxes for the | ||
last preceding year were paid on each parcel of land lying | ||
within the proposed STAR bond project area within 10 days | ||
following the date of the adoption of the resolution. The | ||
resolution shall be published once in a newspaper of | ||
general circulation in the political subdivision not less |
than one week nor more than 3 weeks preceding the date | ||
fixed for the public hearing. A map or aerial photo | ||
clearly delineating the area of land proposed to be | ||
included within the STAR bond project area shall be | ||
published with the resolution.
| ||
(3) The hearing shall be held at a location that is | ||
within 20 miles of the STAR bond district, in a facility | ||
that can accommodate a large crowd, and in a facility that | ||
is accessible to persons with disabilities. | ||
(4) At the public hearing, a representative of the | ||
political subdivision or master developer shall present | ||
the STAR bond project plan. Following the presentation of | ||
the STAR bond project plan, all interested persons shall | ||
be given an opportunity to be heard. The governing body | ||
may continue the date and time of the public hearing.
| ||
(g) Upon conclusion of the public hearing, the governing | ||
body of the political subdivision may adopt the STAR bond | ||
project plan by a resolution approving the STAR bond project | ||
plan.
| ||
(h) After the adoption by the corporate authorities of the | ||
political subdivision of a STAR bond project plan, the | ||
political subdivision may enter into a project development | ||
agreement if the master developer has requested the political | ||
subdivision to be a party to the project development agreement | ||
pursuant to subsection (b) of Section 25.
| ||
(i) Within 30 days after the adoption by the political |
subdivision of a STAR bond project plan, the clerk of the | ||
political subdivision shall transmit a copy of the legal | ||
description of the land and a list of all new and existing | ||
mailing addresses within the STAR bond district, a copy of the | ||
resolution adopting the STAR bond project plan, and a map or | ||
plat indicating the boundaries of the STAR bond project area | ||
to the clerk, treasurer, and governing body of the county and | ||
to the Department of Revenue. Within 30 days of creation of any | ||
new mailing addresses within a STAR bond district, the clerk | ||
of the political subdivision shall provide written notice of | ||
such new addresses to the Department of Revenue. | ||
If a certified copy of the resolution adopting the STAR | ||
bond project plan is filed with the Department on or before the | ||
first day of April, the Department, if all other requirements | ||
of this subsection are met, shall proceed to collect and | ||
allocate any local sales tax increment and any State sales tax | ||
increment in accordance with the provisions of this Act as of | ||
the first day of July next following the adoption and filing. | ||
If a certified copy of the resolution adopting the STAR bond | ||
project plan is filed with the Department after April 1 but on | ||
or before the first day of October, the Department, if all | ||
other requirements of this subsection are met, shall proceed | ||
to collect and allocate any local sales tax increment and any | ||
State sales tax increment in accordance with the provisions of | ||
this Act as of the first day of January next following the | ||
adoption and filing. |
Any substantial changes to a STAR bond project plan as | ||
adopted shall be subject to a public hearing following | ||
publication of notice thereof in a newspaper of general | ||
circulation in the political subdivision and approval by | ||
resolution of the governing body of the political subdivision. | ||
The Department of Revenue shall not collect or allocate | ||
any local sales tax increment or State sales tax increment | ||
until the political subdivision also provides, in the manner | ||
prescribed by the Department, the boundaries of the STAR bond | ||
project area and each address in the STAR bond project area in | ||
such a way that the Department can determine by its address | ||
whether a business is located in the STAR bond project area. | ||
The political subdivision must provide this boundary and | ||
address information to the Department on or before April 1 for | ||
administration and enforcement under this Act by the | ||
Department beginning on the following July 1 and on or before | ||
October 1 for administration and enforcement under this Act by | ||
the Department beginning on the following January 1. The | ||
Department of Revenue shall not administer or enforce any | ||
change made to the boundaries of a STAR bond project or any | ||
address change, addition, or deletion until the political | ||
subdivision reports the boundary change or address change, | ||
addition, or deletion to the Department in the manner | ||
prescribed by the Department. The political subdivision must | ||
provide this boundary change or address change, addition, or | ||
deletion information to the Department on or before April 1 |
for administration and enforcement by the Department of the | ||
change, addition, or deletion beginning on the following July | ||
1 and on or before October 1 for administration and | ||
enforcement by the Department of the change, addition, or | ||
deletion beginning on the following January 1. If a retailer | ||
is incorrectly included or excluded from the list of those | ||
located in the STAR bond project, the Department of Revenue | ||
shall be held harmless if it reasonably relied on information | ||
provided by the political subdivision. | ||
(j) Any STAR bond project must be approved by the | ||
political subdivision prior to that date which is 23 years | ||
from the date of the approval of the STAR bond district, | ||
provided however that any amendments to such STAR bond project | ||
may occur following such date.
| ||
(k) Any developer of a STAR bond project shall commence | ||
work on the STAR bond project within 3 years from the date of | ||
adoption of the STAR bond project plan. If the developer fails | ||
to commence work on the STAR bond project within the 3-year | ||
period, funding for the project shall cease and the developer | ||
of the project or complex shall have one year to appeal to the | ||
political subdivision for reapproval of the project and | ||
funding. If the project is reapproved, the 3-year period for | ||
commencement shall begin again on the date of the reapproval.
| ||
(l) After the adoption by the corporate authorities of the | ||
political subdivision of a STAR bond project plan and approval | ||
of the Director pursuant to subsection (d) of Section 20, the |
political subdivision may authorize the issuance of the STAR | ||
bonds in one or more series to finance the STAR bond project in | ||
accordance with the provisions of this Act. | ||
(m) The maximum maturity of STAR bonds issued to finance a | ||
STAR bond project shall not exceed 23 years from the first date | ||
of distribution of State sales tax revenues from such STAR | ||
bond project to the political subdivision unless the political | ||
subdivision extends such maturity by resolution up to a | ||
maximum of 35 years from such first distribution date. Any | ||
such extension shall require the approval of the Director. In | ||
no event shall the maximum maturity date for any STAR bonds | ||
exceed that date which is 35 years from the first distribution | ||
date of the first STAR bonds issued in a STAR bond district.
| ||
(Source: P.A. 96-939, eff. 6-24-10.) | ||
(50 ILCS 470/30)
| ||
Sec. 30. STAR bonds; source of payment. Any political | ||
subdivision shall have the power to issue STAR bonds in one or | ||
more series to finance the undertaking of any STAR bond | ||
project in accordance with the provisions of this Act and the | ||
Omnibus Bond Acts. STAR bonds may be issued as revenue bonds, | ||
alternate bonds, or general obligation bonds as defined in and | ||
subject to the procedures provided in the Local Government | ||
Debt Reform Act. | ||
(a) STAR bonds may be made payable, both as to principal | ||
and interest, from the following revenues, which to the extent |
pledged by each respective political subdivision or other | ||
public entity for such purpose shall constitute pledged STAR | ||
revenues:
| ||
(1) revenues of the political subdivision derived from | ||
or held in connection with the undertaking and carrying | ||
out of any STAR bond project or projects under this Act;
| ||
(2) available private funds and contributions, grants, | ||
tax credits, or other financial assistance from the State | ||
or federal government;
| ||
(3) STAR bond occupation taxes created pursuant to | ||
Section 31 and designated as pledged STAR revenues by the | ||
political subdivision; | ||
(4) all of the local sales tax increment of a | ||
municipality, county, or other unit of local government;
| ||
(5) any special service area taxes collected within | ||
the STAR bond district under the Special Service Area Tax | ||
Act, may be used for the purposes of funding project costs | ||
or paying debt service on STAR bonds in addition to the | ||
purposes contained in the special service area plan;
| ||
(6) all of the State sales tax increment; | ||
(7) any other revenues appropriated by the political | ||
subdivision; and | ||
(8) any combination of these methods.
| ||
(b) The political subdivision may pledge the pledged STAR | ||
revenues to the repayment of STAR bonds prior to, | ||
simultaneously with, or subsequent to the issuance of the STAR |
bonds.
| ||
(c) Bonds issued as revenue bonds shall not be general | ||
obligations of the political subdivision, nor in any event | ||
shall they give rise to a charge against its general credit or | ||
taxing powers, or be payable out of any funds or properties | ||
other than those set forth in subsection (a) and the bonds | ||
shall so state on their face.
| ||
(d) For each STAR bond project financed with STAR bonds | ||
payable from the pledged STAR revenues, the political | ||
subdivision shall prepare and submit to the Department of | ||
Revenue by June 1 of each year a report describing the status | ||
of the STAR bond project, any expenditures of the proceeds of | ||
STAR bonds that have occurred for the preceding calendar year, | ||
and any expenditures of the proceeds of the bonds expected to | ||
occur in the future, including the amount of pledged STAR | ||
revenue, the amount of revenue that has been spent, the | ||
projected amount of the revenue, and the anticipated use of | ||
the revenue.
Each annual report shall be accompanied by an | ||
affidavit of the master developer certifying the contents of | ||
the report as true to the best of the master developer's | ||
knowledge. The Department of Revenue shall have the right, but | ||
not the obligation, to request the Illinois Auditor General to | ||
review the annual report and the political subdivision's | ||
records containing the source information for the report for | ||
the purpose of verifying the report's contents. If the | ||
Illinois Auditor General declines the request for review, the |
Department of Revenue shall have the right to select an | ||
independent third-party auditor to conduct an audit of the | ||
annual report and the political subdivision's records | ||
containing the source information for the report. The | ||
reasonable cost of the audit shall be paid by the master | ||
developer. The master development agreement shall grant the | ||
Department of Revenue and the Illinois Auditor General the | ||
right to review the records of the political subdivision | ||
containing the source information for the report. | ||
(e) There is created in the State treasury a special fund | ||
to be known as the STAR Bonds Revenue Fund. As soon as possible | ||
after the first day of each month, beginning January 1, 2011, | ||
upon certification of the Department of Revenue, the | ||
Comptroller shall order transferred, and the Treasurer shall | ||
transfer, from the General Revenue Fund to the STAR Bonds | ||
Revenue Fund the State sales tax increment for the second | ||
preceding month, less 3% of that amount, which shall be | ||
transferred into the Tax Compliance and Administration Fund | ||
and shall be used by the Department, subject to appropriation, | ||
to cover the costs of the Department in administering the | ||
Innovation Development and Economy Act. As soon as possible | ||
after the first day of each month, beginning January 1, 2011, | ||
upon certification of the Department of Revenue, the | ||
Comptroller shall order transferred, and the Treasurer shall | ||
transfer, from the Local Government Tax Fund to the STAR Bonds | ||
Revenue Fund the local sales tax increment for the second |
preceding month, as provided in Section 6z-18 of the State | ||
Finance Act and from the County and Mass Transit District Fund | ||
to the STAR Bonds Revenue Fund the local sales tax increment | ||
for the second preceding month, as provided in Section 6z-20 | ||
of the State Finance Act. | ||
On or before the 25th day of each calendar month, | ||
beginning on January 1, 2011, the Department shall prepare and | ||
certify to the Comptroller the disbursement of stated sums of | ||
money out of the STAR Bonds Revenue Fund to named | ||
municipalities and counties, the municipalities and counties | ||
to be those entitled to distribution of taxes or penalties | ||
paid to the Department during the second preceding calendar | ||
month. The amount to be paid to each municipality or county | ||
shall be the amount of the State sales tax increment and the | ||
local sales tax increment (not including credit memoranda or | ||
the amount transferred into the Tax Compliance and | ||
Administration Fund) collected during the second preceding | ||
calendar month by the Department from retailers and servicemen | ||
on transactions at places of business located within a STAR | ||
bond district in that municipality or county, plus an amount | ||
the Department determines is necessary to offset any amounts | ||
which were erroneously paid to a different taxing body, and | ||
not including an amount equal to the amount of refunds made | ||
during the second preceding calendar month by the Department, | ||
and not including any amount which the Department determines | ||
is necessary to offset any amounts which are payable to a |
different taxing body but were erroneously paid to the | ||
municipality or county. Within 10 days after receipt, by the | ||
Comptroller, of the disbursement certification to the | ||
municipalities and counties, provided for in this Section to | ||
be given to the Comptroller by the Department, the Comptroller | ||
shall cause the orders to be drawn for the respective amounts | ||
in accordance with the directions contained in such | ||
certification. | ||
When certifying the amount of monthly disbursement to a | ||
municipality or county under this subsection, the Department | ||
shall increase or decrease that amount by an amount necessary | ||
to offset any misallocation of previous disbursements. The | ||
offset amount shall be the amount erroneously disbursed within | ||
the 6 months preceding the time a misallocation is discovered. | ||
The corporate authorities of the political subdivision | ||
shall deposit the proceeds for the STAR Bonds Revenue Fund | ||
into a special fund of the political subdivision called the | ||
"(Name of political subdivision) STAR Bond District Revenue | ||
Fund" for the purpose of paying or reimbursing STAR bond | ||
project costs and obligations incurred in the payment of those | ||
costs. | ||
If the political subdivision fails to issue STAR bonds | ||
within 180 days after the first distribution to the political | ||
subdivision from the STAR Bonds Revenue Fund, the Department | ||
of Revenue shall cease distribution of the State sales tax | ||
increment to the political subdivision, shall transfer any |
State sales tax increment in the STAR Bonds Revenue Fund to the | ||
General Revenue Fund, and shall cease deposits of State sales | ||
tax increment amounts into the STAR Bonds Revenue Fund. The | ||
political subdivision shall repay all of the State sales tax | ||
increment distributed to the political subdivision to date, | ||
which amounts shall be deposited into the General Revenue | ||
Fund. If not repaid within 90 days after notice from the State, | ||
the Department of Revenue shall withhold distributions to the | ||
political subdivision from the Local Government Tax Fund until | ||
the excess amount is repaid, which withheld amounts shall be | ||
transferred to the General Revenue Fund. At such time as the | ||
political subdivision notifies the Department of Revenue in | ||
writing that it has issued STAR Bonds in accordance with this | ||
Act and provides the Department with a copy of the political | ||
subdivision's official statement, bond purchase agreements, | ||
indenture, or other evidence of bond sale, the Department of | ||
Revenue shall resume deposits of the State sales tax increment | ||
into the STAR Bonds Revenue Fund and distribution of the State | ||
sales tax increment to the political subdivision in accordance | ||
with this Section. | ||
(f) As of the seventh anniversary of the first date of | ||
distribution of State sales tax revenues from the first STAR | ||
bond project in the STAR bond district, and as of every fifth | ||
anniversary thereafter until final maturity of all STAR bonds | ||
issued in a STAR bond district, the portion of the aggregate | ||
proceeds of STAR bonds issued to date that is derived from the |
State sales tax increment pledged to pay STAR bonds in any STAR | ||
bond district shall not exceed 50% of the total development | ||
costs in the STAR bond district to date. The Illinois Auditor | ||
General shall make the foregoing determination on said seventh | ||
anniversary and every 5 years thereafter until final maturity | ||
of all STAR bonds issued in a STAR bond district. If at any | ||
time after the seventh anniversary of the first date of | ||
distribution of State sales tax revenues from the first STAR | ||
bond project in the STAR bond district the Illinois Auditor | ||
General determines that the portion of the aggregate proceeds | ||
of STAR bonds issued to date that is derived from the State | ||
sales tax increment pledged to pay STAR bonds in any STAR bond | ||
district has exceeded 50% of the total development costs in | ||
the STAR bond district, no additional STAR bonds may be issued | ||
in the STAR bond district until the percentage is reduced to | ||
50% or below. When the percentage has been reduced to 50% or | ||
below, the master developer shall have the right, at its own | ||
cost, to obtain a new audit prepared by an independent | ||
third-party auditor verifying compliance and shall provide | ||
such audit to the Illinois Auditor General for review and | ||
approval. Upon the Illinois Auditor General's determination | ||
from the audit that the percentage has been reduced to 50% or | ||
below, STAR bonds may again be issued in the STAR bond | ||
district. | ||
(g) Notwithstanding the provisions of the Tax Increment | ||
Allocation Redevelopment Act, if any portion of property taxes |
attributable to the increase in equalized assessed value | ||
within a STAR bond district are, at the time of formation of | ||
the STAR bond district, already subject to tax increment | ||
financing under the Tax Increment Allocation Redevelopment | ||
Act, then the tax increment for such portion shall be frozen at | ||
the base year established in accordance with this Act, and all | ||
future incremental increases over the base year shall not be | ||
subject to tax increment financing under the Tax Increment | ||
Allocation Redevelopment Act. Any party otherwise entitled to | ||
receipt of incremental tax revenues through an existing tax | ||
increment financing district shall be entitled to continue to | ||
receive such revenues up to the amount frozen in the base year. | ||
Nothing in this Act shall affect the prior qualification of | ||
existing redevelopment project costs incurred that are | ||
eligible for reimbursement under the Tax Increment Allocation | ||
Redevelopment Act. In such event, prior to approving a STAR | ||
bond district, the political subdivision forming the STAR bond | ||
district shall take such action as is necessary, including | ||
amending the existing tax increment financing district | ||
redevelopment plan, to carry out the provisions of this Act.
| ||
(Source: P.A. 96-939, eff. 6-24-10.) | ||
(50 ILCS 470/50)
| ||
Sec. 50. Reporting taxes. Notwithstanding any other | ||
provisions of law to the contrary, the Department of Revenue | ||
shall provide a certified report of the State sales tax |
increment and local sales tax increment from all taxpayers | ||
within a STAR bond district to the bond trustee, escrow agent, | ||
or paying agent for such bonds upon the written request of the | ||
political subdivision on or before the 25th day of each month. | ||
Such report shall provide a detailed allocation of State sales | ||
tax increment and local sales tax increment from each local | ||
sales tax and State sales tax reported to the Department of | ||
Revenue. | ||
(a) The bond trustee, escrow agent, or paying agent shall | ||
keep such sales and use tax reports and the information | ||
contained therein confidential, but may use such information | ||
for purposes of allocating and depositing the sales and use | ||
tax revenues in connection with the bonds used to finance | ||
project costs in such STAR bond district. Except as otherwise | ||
provided herein, the sales and use tax reports received by the | ||
bond trustee, escrow agent, or paying agent shall be subject | ||
to the provisions of Chapter 35 of the Illinois Compiled | ||
Statutes, including Section 3 of the Retailers' Occupation Tax | ||
Act and Section 9 of the Use Tax Act. | ||
(b) The political subdivision shall determine when the | ||
amount of sales tax and other revenues that have been | ||
collected and distributed to the bond debt service or reserve | ||
fund is sufficient to satisfy all principal and interest costs | ||
to the maturity date or dates of any STAR bond issued by a | ||
political subdivision to finance a STAR bond project and shall | ||
give the Department of Revenue written notice of such |
determination. The notice shall include a date certain on | ||
which deposits into the STAR Bonds Revenue Fund for that STAR | ||
bond project shall terminate and shall be provided to the | ||
Department of Revenue at least 60 days prior to that date. | ||
Thereafter, all sales tax and other revenues shall be | ||
collected and distributed in accordance with applicable law.
| ||
If the political subdivision fails to give timely notice | ||
under this subsection (b), the Department of Revenue, upon | ||
discovery of this failure, shall cease distribution of the | ||
State sales tax increment to the political subdivision, shall | ||
transfer any State sales tax increment in the STAR Bonds | ||
Revenue Fund to the General Revenue Fund, and shall cease | ||
deposits of State sales tax increment amounts into the STAR | ||
Bonds Revenue Fund. Any amount of State sales tax increment | ||
distributed to the political subdivision from the STAR Bonds | ||
Revenue Fund in excess of the amount sufficient to satisfy all | ||
principal and interest costs to the maturity date or dates of | ||
any STAR bond issued by the political subdivision to finance a | ||
STAR bond project shall be repaid to the Department of Revenue | ||
and deposited into the General Revenue Fund. If not repaid | ||
within 90 days after notice from the State, the Department of | ||
Revenue shall withhold distributions to the political | ||
subdivision from the Local Government Tax Fund until the | ||
excess amount is repaid, which withheld amounts shall be | ||
transferred to the General Revenue Fund. | ||
(Source: P.A. 96-939, eff. 6-24-10.) |
Section 5-90. The Illinois Police Training Act is amended | ||
by changing Section 6 as follows:
| ||
(50 ILCS 705/6) (from Ch. 85, par. 506)
| ||
Sec. 6. Powers and duties of the Board; selection and | ||
certification of schools. The Board shall select
and certify | ||
schools within the State of
Illinois for the purpose of | ||
providing basic training for probationary law enforcement
| ||
officers, probationary county corrections officers, and
court | ||
security officers and
of providing advanced or in-service | ||
training for permanent law enforcement officers
or permanent
| ||
county corrections officers, which schools may be either | ||
publicly or
privately owned and operated. In addition, the | ||
Board has the following
power and duties:
| ||
a. To require law enforcement agencies to furnish such | ||
reports and
information as the Board deems necessary to | ||
fully implement this Act.
| ||
b. To establish appropriate mandatory minimum | ||
standards
relating to the training of probationary local | ||
law enforcement officers
or probationary county | ||
corrections officers, and in-service training of permanent | ||
law enforcement officers.
| ||
c. To provide appropriate certification to those | ||
probationary
officers who successfully complete the | ||
prescribed minimum standard basic
training course.
|
d. To review and approve annual training curriculum | ||
for county sheriffs.
| ||
e. To review and approve applicants to ensure that no | ||
applicant is admitted
to a certified academy unless the | ||
applicant is a person of good character
and has not been | ||
convicted of, found guilty of, entered a plea of guilty | ||
to, or entered a plea of nolo contendere to a felony | ||
offense, any of the
misdemeanors in Sections 11-1.50, | ||
11-6, 11-6.5, 11-6.6, 11-9.1, 11-9.1B, 11-14, 11-14.1, | ||
11-30, 12-2, 12-3.2, 12-3.4, 12-3.5, 16-1,
17-1, 17-2, | ||
26.5-1, 26.5-2, 26.5-3, 28-3, 29-1, any misdemeanor in | ||
violation of any Section of Part E of Title III of the | ||
Criminal Code of 1961 or the Criminal Code of 2012, or | ||
subsection (a) of Section 17-32 of the Criminal Code of | ||
1961 or the Criminal Code of 2012, or Section 5 or 5.2 of | ||
the Cannabis Control Act, or a crime involving
moral
| ||
turpitude under the laws of this State or any other state | ||
which if
committed in this State would be punishable as a | ||
felony or a crime of
moral turpitude, or any felony or | ||
misdemeanor in violation of federal law or the law of any | ||
state that is the equivalent of any of the offenses | ||
specified therein. The Board may appoint investigators who | ||
shall enforce
the duties conferred upon the Board by this | ||
Act.
| ||
For purposes of this paragraph e, a person is | ||
considered to have been convicted of, found guilty of, or |
entered a plea of guilty to, plea of nolo contendere to | ||
regardless of whether the adjudication of guilt or | ||
sentence is withheld or not entered thereon. This includes | ||
sentences of supervision, conditional discharge, or first | ||
offender probation, or any similar disposition provided | ||
for by law. | ||
f. To establish statewide standards for minimum | ||
standards regarding regular mental health screenings for | ||
probationary and permanent police officers, ensuring that | ||
counseling sessions and screenings remain confidential. | ||
g. To review and ensure all law enforcement officers | ||
remain in compliance with this Act, and any administrative | ||
rules adopted under this Act. | ||
h. To suspend any certificate for a definite period, | ||
limit or restrict any certificate, or revoke any | ||
certificate. | ||
i. The Board and the Panel shall have power to secure | ||
by its subpoena and bring before it any person or entity in | ||
this State and to take testimony either orally or by | ||
deposition or both with the same fees and mileage and in | ||
the same manner as prescribed by law in judicial | ||
proceedings in civil cases in circuit courts of this | ||
State. The Board and the Panel shall also have the power to | ||
subpoena the production of documents, papers, files, | ||
books, documents, and records, whether in physical or | ||
electronic form, in support of the charges and for |
defense, and in connection with a hearing or | ||
investigation. | ||
j. The Executive Director, the administrative law | ||
judge designated by the Executive Director, and each | ||
member of the Board and the Panel shall have the power to | ||
administer oaths to witnesses at any hearing that the | ||
Board is authorized to conduct under this Act and any | ||
other oaths required or authorized to be administered by | ||
the Board under this Act. | ||
k. In case of the neglect or refusal of any person to | ||
obey a subpoena issued by the Board and the Panel, any | ||
circuit court, upon application of the Board and the | ||
Panel, through the Illinois Attorney General, may order | ||
such person to appear before the Board and the Panel give | ||
testimony or produce evidence, and any failure to obey | ||
such order is punishable by the court as a contempt | ||
thereof. This order may be served by personal delivery, by | ||
email, or by mail to the address of record or email address | ||
of record. | ||
l. The Board shall have the power to administer state | ||
certification examinations. Any and all records related to | ||
these examinations, including, but not limited to, test | ||
questions, test formats, digital files, answer responses, | ||
answer keys, and scoring information shall be exempt from | ||
disclosure. | ||
m. To make grants, subject to appropriation, to units
|
of local government and public institutions of higher | ||
education for the purposes of hiring and retaining law | ||
enforcement officers. | ||
n. To make grants, subject to appropriation, to local
| ||
law enforcement agencies for costs associated with the | ||
expansion and support of National Integrated Ballistic | ||
Information Network (NIBIN) and other ballistic technology | ||
equipment for ballistic testing. | ||
(Source: P.A. 101-187, eff. 1-1-20; 101-652, Article 10, | ||
Section 10-143, eff. 7-1-21; 101-652, Article 25, Section | ||
25-40, eff. 1-1-22; 102-687, eff. 12-17-21; 102-694, eff. | ||
1-7-22; 102-1115, eff. 1-9-23.) | ||
Section 5-92. The Metropolitan Pier and Exposition | ||
Authority Act is amended by changing Section 5 as follows: | ||
(70 ILCS 210/5) (from Ch. 85, par. 1225) | ||
Sec. 5. The Metropolitan Pier and Exposition Authority | ||
shall also have the
following rights and powers: | ||
(a) To accept from Chicago Park Fair, a corporation, | ||
an assignment of
whatever sums of money it may have | ||
received from the Fair and Exposition
Fund, allocated by | ||
the Department of Agriculture of the State of Illinois,
| ||
and Chicago Park Fair is hereby authorized to assign, set | ||
over and transfer
any of those funds to the Metropolitan | ||
Pier and Exposition Authority. The
Authority has the right |
and power hereafter to receive sums as may be
distributed | ||
to it by the Department of Agriculture of the State of | ||
Illinois
from the Fair and Exposition Fund pursuant to the | ||
provisions of Sections 5,
6i, and 28 of the State Finance | ||
Act. All sums received by the Authority
shall be held in | ||
the sole custody of the secretary-treasurer of the
| ||
Metropolitan Pier and Exposition Board. | ||
(b) To accept the assignment of, assume and execute | ||
any contracts
heretofore entered into by Chicago Park | ||
Fair. | ||
(c) To acquire, own, construct, equip, lease, operate | ||
and maintain
grounds, buildings and facilities to carry | ||
out its corporate purposes and
duties, and to carry out or | ||
otherwise provide for the recreational,
cultural, | ||
commercial or residential development of Navy Pier, and to | ||
fix
and collect just, reasonable and nondiscriminatory | ||
charges for the use
thereof. The charges so collected | ||
shall be made available to defray the
reasonable expenses | ||
of the Authority and to pay the principal of and the
| ||
interest upon any revenue bonds issued by the Authority. | ||
The Authority
shall be subject to and comply with the Lake | ||
Michigan and Chicago Lakefront
Protection Ordinance, the | ||
Chicago Building Code, the Chicago Zoning
Ordinance, and | ||
all ordinances and regulations of the City of Chicago
| ||
contained in the following Titles of the Municipal Code of | ||
Chicago:
Businesses, Occupations and Consumer Protection; |
Health and Safety; Fire
Prevention; Public Peace, Morals | ||
and Welfare; Utilities
and Environmental Protection; | ||
Streets, Public Ways, Parks, Airports and
Harbors; | ||
Electrical Equipment and Installation; Housing and | ||
Economic
Development (only Chapter 5-4 thereof); and | ||
Revenue and Finance (only so far
as such Title pertains to | ||
the Authority's duty to collect taxes on behalf
of the | ||
City of Chicago). | ||
(d) To enter into contracts treating in any manner | ||
with the objects and
purposes of this Act. | ||
(e) To lease any buildings to the Adjutant General of | ||
the State of
Illinois for the use of the Illinois National | ||
Guard or the Illinois
Naval Militia. | ||
(f) To exercise the right of eminent domain by | ||
condemnation proceedings
in the manner provided by the | ||
Eminent Domain Act,
including, with respect to Site B | ||
only, the authority to exercise quick
take condemnation by | ||
immediate vesting of title under Article 20 of the Eminent | ||
Domain Act, to acquire any privately
owned real or | ||
personal property and, with respect to Site B only, public
| ||
property used for rail transportation purposes (but no | ||
such taking of such
public property shall, in the | ||
reasonable judgment of the owner, interfere
with such rail | ||
transportation) for the lawful purposes of the Authority | ||
in
Site A, at Navy Pier, and at Site B. Just compensation | ||
for property taken
or acquired under this paragraph shall |
be paid in money or, notwithstanding
any other provision | ||
of this Act and with the agreement of the owner of the
| ||
property to be taken or acquired, the Authority may convey | ||
substitute
property or interests in property or enter into | ||
agreements with the
property owner, including leases, | ||
licenses, or concessions, with respect to
any property | ||
owned by the Authority, or may provide for other lawful | ||
forms
of just compensation to the owner. Any property | ||
acquired in condemnation
proceedings shall be used only as | ||
provided in this Act. Except as
otherwise provided by law, | ||
the City of Chicago shall have a right of first
refusal | ||
prior to any sale of any such property by the Authority to | ||
a third
party other than substitute property. The | ||
Authority shall develop and
implement a relocation plan | ||
for businesses displaced as a result of the
Authority's | ||
acquisition of property. The relocation plan shall be
| ||
substantially similar to provisions of the Uniform | ||
Relocation Assistance
and Real Property Acquisition Act | ||
and regulations promulgated under that
Act relating to | ||
assistance to displaced businesses. To implement the
| ||
relocation plan the Authority may acquire property by | ||
purchase or gift or
may exercise the powers authorized in | ||
this subsection (f), except the
immediate vesting of title | ||
under Article 20 of the Eminent Domain Act, to acquire | ||
substitute private property within one mile
of Site B for | ||
the benefit of displaced businesses located on property |
being
acquired by the Authority. However, no such | ||
substitute property may be
acquired by the Authority | ||
unless the mayor of the municipality in which the
property | ||
is located certifies in writing that the acquisition is | ||
consistent
with the municipality's land use and economic | ||
development policies and
goals. The acquisition of | ||
substitute property is declared to be for public
use. In | ||
exercising the powers authorized in this subsection (f), | ||
the
Authority shall use its best efforts to relocate | ||
businesses within the area
of McCormick Place or, failing | ||
that, within the City of Chicago. | ||
(g) To enter into contracts relating to construction | ||
projects which
provide for the delivery by the contractor | ||
of a completed project,
structure, improvement, or | ||
specific portion thereof, for a fixed maximum
price, which | ||
contract may provide that the delivery of the project,
| ||
structure, improvement, or specific portion thereof, for | ||
the fixed maximum
price is insured or guaranteed by a | ||
third party capable of completing
the construction. | ||
(h) To enter into agreements with any person with | ||
respect to the use
and occupancy of the grounds, | ||
buildings, and facilities of the Authority,
including | ||
concession, license, and lease agreements on terms and | ||
conditions as
the Authority determines. Notwithstanding | ||
Section 24, agreements with respect
to the use and | ||
occupancy of the grounds, buildings, and facilities of the
|
Authority for a term of more than one year shall be entered | ||
into in accordance
with the procurement process provided | ||
for in Section 25.1. | ||
(i) To enter into agreements with any person with | ||
respect to the
operation and management of the grounds, | ||
buildings, and facilities of the
Authority or the | ||
provision of goods and services on terms and
conditions as | ||
the Authority determines. | ||
(j) After conducting the procurement process provided | ||
for in Section 25.1,
to enter into one or more contracts to | ||
provide for the design and
construction of all or part of | ||
the Authority's Expansion Project grounds,
buildings, and | ||
facilities. Any contract for design and construction of | ||
the
Expansion Project shall be in the form authorized by | ||
subsection (g), shall
be for a fixed maximum price not in | ||
excess of the funds that are authorized
to be made | ||
available
for those purposes during the term of the | ||
contract, and shall be entered
into before commencement of | ||
construction. | ||
(k) To enter into agreements, including project | ||
agreements with labor
unions, that the Authority deems | ||
necessary to complete the Expansion Project
or any other | ||
construction or improvement project in the most timely
and | ||
efficient manner and without strikes, picketing, or other | ||
actions that
might cause disruption or delay and thereby | ||
add to the cost of the project. |
(l) To provide incentives to organizations and | ||
entities that agree to make use of the grounds, buildings, | ||
and facilities of the Authority for conventions, meetings, | ||
or trade shows. The incentives may take the form of | ||
discounts from regular fees charged by the Authority, | ||
subsidies for or assumption of the costs incurred with | ||
respect to the convention, meeting, or trade show, or | ||
other inducements. The Authority shall award incentives to | ||
attract or retain conventions, meetings, and trade shows | ||
under the terms set forth in this subsection (l) from | ||
amounts appropriated to the Authority from the | ||
Metropolitan Pier and Exposition Authority Incentive Fund | ||
for this purpose. | ||
No later than May 15 of each year, the Chief Executive | ||
Officer of the Metropolitan Pier and Exposition Authority | ||
shall certify to the State Comptroller and the State | ||
Treasurer the amounts of incentive grant funds used , | ||
including incentive grant funds used for future events | ||
under the provisions of this Section, during the current | ||
fiscal year to provide incentives for conventions, | ||
meetings, or trade shows that: | ||
(i) have been approved by the Authority, in | ||
consultation with an organization meeting the | ||
qualifications set out in Section 5.6 of this Act, | ||
provided the Authority has entered into a marketing | ||
agreement with such an organization, |
(ii)(A) for fiscal years prior to 2022 and after | ||
2024, demonstrate registered attendance (or projected | ||
attendance for future events) in excess of 5,000 | ||
individuals or in excess of 10,000 individuals, as | ||
appropriate; | ||
(B) for fiscal years 2022 through 2024, | ||
demonstrate registered attendance (or projected | ||
attendance for future events) in excess of 3,000 | ||
individuals or in excess of 5,000 individuals, as | ||
appropriate; or | ||
(C) for fiscal years 2022 and 2023, regardless of | ||
registered attendance, demonstrate incurrence of costs | ||
associated with mitigation of COVID-19, including, but | ||
not limited to, costs for testing and screening, | ||
contact tracing and notification, personal protective | ||
equipment, and other physical and organizational | ||
costs, and | ||
(iii) in the case of subparagraphs (A) and (B) of | ||
paragraph (ii), but for the incentive, would not have | ||
used (or, in the case of a future event, committed to | ||
use) the facilities of the Authority for the | ||
convention, meeting, or trade show. The State | ||
Comptroller may request that the Auditor General | ||
conduct an audit of the accuracy of the certification. | ||
If the State Comptroller determines by this process of | ||
certification that incentive funds, in whole or in |
part, were disbursed by the Authority by means other | ||
than in accordance with the standards of this | ||
subsection (l), then any amount transferred to the | ||
Metropolitan Pier and Exposition Authority Incentive | ||
Fund shall be reduced during the next subsequent | ||
transfer in direct proportion to that amount | ||
determined to be in violation of the terms set forth in | ||
this subsection (l). | ||
On July 15, 2012, the Comptroller shall order | ||
transferred, and the Treasurer shall transfer, into the | ||
Metropolitan Pier and Exposition Authority Incentive Fund | ||
from the General Revenue Fund the sum of $7,500,000 plus | ||
an amount equal to the incentive grant funds certified by | ||
the Chief Executive Officer as having been lawfully paid | ||
under the provisions of this Section in the previous 2 | ||
fiscal years that have not otherwise been transferred into | ||
the Metropolitan Pier and Exposition Authority Incentive | ||
Fund, provided that transfers in excess of $15,000,000 | ||
shall not be made in any fiscal year. | ||
On July 15, 2013, the Comptroller shall order | ||
transferred, and the Treasurer shall transfer, into the | ||
Metropolitan Pier and Exposition Authority Incentive Fund | ||
from the General Revenue Fund the sum of $7,500,000 plus | ||
an amount equal to the incentive grant funds certified by | ||
the Chief Executive Officer as having been lawfully paid | ||
under the provisions of this Section in the previous |
fiscal year that have not otherwise been transferred into | ||
the Metropolitan Pier and Exposition Authority Incentive | ||
Fund, provided that transfers in excess of $15,000,000 | ||
shall not be made in any fiscal year. | ||
On July 15, 2014, and every year thereafter, the | ||
Comptroller shall order transferred, and the Treasurer | ||
shall transfer, into the Metropolitan Pier and Exposition | ||
Authority Incentive Fund from the General Revenue Fund an | ||
amount equal to the incentive grant funds certified by the | ||
Chief Executive Officer as (i) having been lawfully paid | ||
under the provisions of this Section in the previous | ||
fiscal year or incurred by the Authority for a future | ||
event under the provisions of this Section and (ii) that | ||
have not otherwise having been been transferred into the | ||
Metropolitan Pier and Exposition Authority Incentive Fund, | ||
provided that (1) no transfers with respect to any | ||
previous fiscal year shall be made after the transfer has | ||
been made with respect to the 2017 fiscal year until the | ||
transfer that is made for the 2022 fiscal year and | ||
thereafter, and no transfers with respect to any previous | ||
fiscal year shall be made after the transfer has been made | ||
with respect to the 2026 fiscal year, and (2) transfers in | ||
excess of $15,000,000 shall not be made in any fiscal | ||
year. | ||
After a transfer has been made under this subsection | ||
(l), the Chief Executive Officer shall file a request for |
payment with the Comptroller evidencing that the incentive | ||
grants have been made and the Comptroller shall thereafter | ||
order paid, and the Treasurer shall pay, the requested | ||
amounts to the Metropolitan Pier and Exposition Authority. | ||
Excluding any amounts related to the payment of costs | ||
associated with the mitigation of COVID-19 in accordance | ||
with this subsection (l), in no case shall more than | ||
$5,000,000 be used in any one year by the Authority for | ||
incentives granted to conventions, meetings, or trade | ||
shows with a registered attendance (or projected | ||
attendance for future events) of (1) more than 5,000 and | ||
less than 10,000 prior to the 2022 fiscal year and after | ||
the 2024 fiscal year and (2) more than 3,000 and less than | ||
5,000 for fiscal years 2022 through 2024. Amounts in the | ||
Metropolitan Pier and Exposition Authority Incentive Fund | ||
shall only be used by the Authority for incentives paid to | ||
attract or retain conventions, meetings, and trade shows | ||
as provided in this subsection (l). | ||
"Future event" means a convention, meeting, or
trade show | ||
that executed an agreement during the fiscal year to use the | ||
facilities of the Authority after fiscal year 2026; provided | ||
that the agreement is entered into with the Authority or with | ||
an organization that meets the qualifications set out in | ||
Section 5.6 of this Act and that has entered into a marketing | ||
agreement with the Authority. | ||
(l-5) The Village of Rosemont shall provide incentives |
from amounts transferred into the Convention Center | ||
Support Fund to retain and attract conventions, meetings, | ||
or trade shows to the Donald E. Stephens Convention Center | ||
under the terms set forth in this subsection (l-5). | ||
No later than May 15 of each year, the Mayor of the | ||
Village of Rosemont or his or her designee shall certify | ||
to the State Comptroller and the State Treasurer the | ||
amounts of incentive grant funds used during the previous | ||
fiscal year to provide incentives for conventions, | ||
meetings, or trade shows that (1) have been approved by | ||
the Village, (2) demonstrate registered attendance in | ||
excess of 5,000 individuals, and (3) but for the | ||
incentive, would not have used the Donald E. Stephens | ||
Convention Center facilities for the convention, meeting, | ||
or trade show. The State Comptroller may request that the | ||
Auditor General conduct an audit of the accuracy of the | ||
certification. | ||
If the State Comptroller determines by this process of | ||
certification that incentive funds, in whole or in part, | ||
were disbursed by the Village by means other than in | ||
accordance with the standards of this subsection (l-5), | ||
then the amount transferred to the Convention Center | ||
Support Fund shall be reduced during the next subsequent | ||
transfer in direct proportion to that amount determined to | ||
be in violation of the terms set forth in this subsection | ||
(l-5). |
On July 15, 2012, and each year thereafter, the | ||
Comptroller shall order transferred, and the Treasurer | ||
shall transfer, into the Convention Center Support Fund | ||
from the General Revenue Fund the amount of $5,000,000 for | ||
(i) incentives to attract large conventions, meetings, and | ||
trade shows to the Donald E. Stephens Convention Center, | ||
and (ii) to be used by the Village of Rosemont for the | ||
repair, maintenance, and improvement of the Donald E. | ||
Stephens Convention Center and for debt service on debt | ||
instruments issued for those purposes by the village. No | ||
later than 30 days after the transfer, the Comptroller | ||
shall order paid, and the Treasurer shall pay, to the | ||
Village of Rosemont the amounts transferred. | ||
(m) To enter into contracts with any person conveying | ||
the naming rights or other intellectual property rights | ||
with respect to the grounds, buildings, and facilities of | ||
the Authority. | ||
(n) To enter into grant agreements with the Chicago | ||
Convention and Tourism Bureau providing for the marketing | ||
of the convention facilities to large and small | ||
conventions, meetings, and trade shows and the promotion | ||
of the travel industry in the City of Chicago, provided | ||
such agreements meet the requirements of Section 5.6 of | ||
this Act. Receipts of the Authority from the increase in | ||
the airport departure tax authorized in subsection (f) of | ||
Section 13 of this Act by Public Act 96-898 and, subject to |
appropriation to the Authority, funds deposited in the | ||
Chicago Travel Industry Promotion Fund pursuant to Section | ||
6 of the Hotel Operators' Occupation Tax Act shall be | ||
granted to the Bureau for such purposes. | ||
For Fiscal Year 2023 only, the Department of Commerce
| ||
and Economic Opportunity shall enter into the grant | ||
agreements described in this subsection in place of the | ||
Authority. The grant agreements entered into by the | ||
Department and the Bureau under this subsection are not | ||
subject to the matching funds requirements or the other | ||
terms and conditions of Section 605-705 of the Department | ||
of Commerce and Economic Opportunity Law of the Civil | ||
Administrative Code of Illinois. Subject to appropriation, | ||
funds transferred into the Chicago Travel Industry | ||
Promotion Fund pursuant to subsection (f) of Section | ||
6z-121 of the State Finance Act shall be granted to the | ||
Bureau for the purposes described in this subsection. The | ||
Department shall have authority to make expenditures from | ||
the Chicago Travel Industry Promotion Fund solely for the | ||
purpose of providing grants to the Bureau. | ||
(Source: P.A. 102-16, eff. 6-17-21; 102-699, eff. 4-19-22.) | ||
Section 5-95. The School Code is amended by adding | ||
Sections 2-3.196 and 2-3.197 and by changing Sections 2-3.186, | ||
10-22.36, 18-8.15, and 27-23.1 as follows: |
(105 ILCS 5/2-3.186) | ||
Sec. 2-3.186. Freedom Schools; grant program. | ||
(a) The General Assembly recognizes and values the | ||
contributions that Freedom Schools make to enhance the lives | ||
of Black students. The General Assembly makes all of the | ||
following findings: | ||
(1) The fundamental goal of the Freedom Schools of the | ||
1960s was to provide quality education for all students, | ||
to motivate active civic engagement, and to empower | ||
disenfranchised communities. The renowned and progressive | ||
curriculum of Freedom Schools allowed students of all ages | ||
to experience a new and liberating form of education that | ||
directly related to the imperatives of their lives, their | ||
communities, and the Freedom Movement. | ||
(2) Freedom Schools continue to demonstrate the proven | ||
benefits of critical civic engagement and | ||
intergenerational effects by providing historically | ||
disadvantaged students, including African American | ||
students and other students of color, with quality | ||
instruction that fosters student confidence, critical | ||
thinking, and social and emotional development. | ||
(3) Freedom Schools offer culturally relevant learning | ||
opportunities with the academic and social supports that | ||
Black children need by utilizing quality teaching, | ||
challenging and engaging curricula, wrap-around supports, | ||
a positive school climate, and strong ties to family and |
community. Freedom Schools have a clear focus on results. | ||
(4) Public schools serve a foundational role in the | ||
education of over 2,000,000 students in this State. | ||
(b) The State Board of Education shall establish a Freedom | ||
School network to supplement the learning taking place in | ||
public schools by awarding one or more grants as set forth in | ||
subsection (e) to create Freedom Schools creating a 6-week | ||
summer program with an organization with a mission to improve | ||
the odds for children in poverty by that operates Freedom | ||
Schools in multiple states using a research-based and | ||
multicultural curriculum for disenfranchised communities most | ||
affected by the opportunity gap and learning loss caused by | ||
the pandemic, and by expanding the teaching of African | ||
American history, developing leadership skills, and providing | ||
an understanding of the tenets of the civil rights movement. | ||
The teachers in Freedom Schools must be from the local | ||
community, with an emphasis on historically disadvantaged | ||
youth, including African American students and other students | ||
of color, so that (i) these individuals have access to summer | ||
jobs and teaching experiences that serve as a long-term | ||
pipeline to educational careers and the hiring of minority | ||
educators in public schools, (ii) these individuals are | ||
elevated as content experts and community leaders, and (iii) | ||
Freedom School students have access to both mentorship and | ||
equitable educational resources. | ||
(c) A Freedom School shall intentionally and imaginatively |
implement strategies that focus on all of the following: | ||
(1) Racial justice and equity. | ||
(2) Transparency and building trusting relationships. | ||
(3) Self-determination and governance. | ||
(4) Building on community strengths and community | ||
wisdom. | ||
(5) Utilizing current data, best practices, and | ||
evidence. | ||
(6) Shared leadership and collaboration. | ||
(7) A reflective learning culture. | ||
(8) A whole-child approach to education. | ||
(9) Literacy. | ||
(d) The State Board of Education, in the establishment of | ||
Freedom Schools, shall strive for authentic parent and | ||
community engagement during the development of Freedom Schools | ||
and their curriculum. Authentic parent and community | ||
engagement includes all of the following: | ||
(1) A shared responsibility that values equal | ||
partnerships between families and professionals. | ||
(2) Ensuring that students and families who are | ||
directly impacted by Freedom School policies and practices | ||
are the decision-makers in the creation, design, | ||
implementation, and assessment of those policies and | ||
practices. | ||
(3) Genuine respect for the culture and diversity of | ||
families. |
(4) Relationships that center around the goal of | ||
supporting family well-being and children's development | ||
and learning. | ||
(e) Subject to appropriation, the State Board of Education | ||
shall establish and implement a grant program to provide | ||
grants to public schools, public community colleges, and | ||
not-for-profit, community-based organizations to facilitate | ||
improved educational outcomes for historically disadvantaged | ||
students, including African American students and other | ||
students of color in grades pre-kindergarten through 12 in | ||
alignment with the integrity and practices of the Freedom | ||
School model established during the civil rights movement. | ||
Grant recipients under the program may include, but are not | ||
limited to, entities that work with the Children's Defense | ||
Fund or offer established programs with proven results and | ||
outcomes. The State Board of Education shall award grants to | ||
eligible entities that demonstrate a likelihood of reasonable | ||
success in achieving the goals identified in the grant | ||
application, including, but not limited to, all of the | ||
following: | ||
(1) Engaging, culturally relevant, and challenging | ||
curricula. | ||
(2) High-quality teaching. | ||
(3) Wrap-around supports and opportunities. | ||
(4) Positive discipline practices, such as restorative | ||
justice. |
(5) Inclusive leadership. | ||
(f) The Freedom Schools Fund is created as a special fund | ||
in the State treasury. The Fund shall consist of | ||
appropriations from the General Revenue Fund, grant funds from | ||
the
federal government, and donations from educational and | ||
private foundations. All money in the Fund shall be used, | ||
subject to appropriation, by the State Board of Education for | ||
the purposes of this Section and to support related | ||
activities. | ||
(g) The State Board of Education may adopt any rules | ||
necessary to implement this Section.
| ||
(Source: P.A. 101-654, eff. 3-8-21; 102-209, eff. 11-30-21 | ||
(See Section 5 of P.A. 102-671 for effective date of P.A. | ||
102-209).) | ||
(105 ILCS 5/2-3.196 new) | ||
Sec. 2-3.196. Teacher Vacancy Grant Pilot Program. | ||
(a) Subject to appropriation, beginning in Fiscal Year | ||
2024, the State Board of Education shall administer a 3-year | ||
Teacher Vacancy Grant Pilot Program for the allocation of | ||
formula grant funds to school districts to support the | ||
reduction of unfilled teaching positions throughout the State. | ||
The State Board shall identify which districts are eligible to | ||
apply for a 3-year grant under this Section by reviewing the | ||
State Board's Fiscal Year 2023 annual unfilled teaching | ||
positions report to determine which districts designated as |
Tier 1, Tier 2, and Tier 3 under Section 18-8.15 have the | ||
greatest need for funds. Based on the National Center for | ||
Education Statistics locale classifications, 60% of eligible | ||
districts shall be rural districts and 40% of eligible | ||
districts shall be urban districts. Continued funding for the | ||
grant in Fiscal Year 2025 and Fiscal Year 2026 is subject to | ||
appropriation. The State Board shall post, on its website, | ||
information about the grant program and the list of identified | ||
districts that are eligible to apply for a grant under this | ||
subsection. | ||
(b) A school district that is determined to be eligible | ||
for a grant under subsection (a) and that chooses to | ||
participate in the program must submit an application to the | ||
State Board that describes the relevant context for the need | ||
for teacher vacancy support, suspected causes of teacher | ||
vacancies in the district, and the district's plan in | ||
utilizing grant funds to reduce unfilled teaching positions | ||
throughout the district. If an eligible school district | ||
chooses not to participate in the program, the State Board | ||
shall identify a potential replacement district by using the | ||
same methodology described in subsection (a). | ||
(c) Grant funds awarded under this Section may be used for | ||
financial incentives to support the recruitment and hiring of | ||
teachers, programs and incentives to strengthen teacher | ||
pipelines, or investments to sustain teachers and reduce | ||
attrition among teachers. Grant funds shall be used only for |
the purposes outlined in the district's application to the | ||
State Board to reduce unfilled teaching positions. Grant funds | ||
shall not be used for any purposes not approved by the State | ||
Board. | ||
(d) A school district that receives grant funds under this | ||
Section shall submit an annual report to the State Board that | ||
includes, but is not limited to, a summary of all grant-funded | ||
activities implemented to reduce unfilled teaching positions, | ||
progress towards reducing unfilled teaching positions, the | ||
number of unfilled teaching positions in the district in the | ||
preceding fiscal year, the number of new teachers hired during | ||
the program, the teacher attrition rate, the number of | ||
individuals participating in any programs designed to reduce | ||
attrition, the number of teachers retained using support of | ||
the grant funds, participation in any strategic pathway | ||
programs created under the program, and the number of and | ||
participation in any new pathways into teaching positions | ||
created under the program. | ||
(e) No later than March 1, 2027, the State Board shall | ||
submit a report to the Governor and the General Assembly on the | ||
efficacy of the pilot program that includes a summary of the | ||
information received under subsection (d) and an overview of | ||
its activities to support grantees. | ||
(105 ILCS 5/2-3.197 new) | ||
Sec. 2-3.197. Imagination Library of Illinois; grant |
program.
To promote the development of a comprehensive | ||
statewide initiative for encouraging preschool age children to | ||
develop a love of reading and learning, the State Board of | ||
Education is authorized to develop, fund, support, promote, | ||
and operate the Imagination Library of Illinois Program, which | ||
is hereby established. For purposes of this Section, "State | ||
program" means the Imagination Library of Illinois Program. | ||
(a) State program funds shall be used to provide, through | ||
Dolly Parton's Imagination Library, one age-appropriate book, | ||
per month, to each registered child from birth to age 5 in | ||
participating counties. Books shall be sent monthly to each | ||
registered child's home at no cost to families. Subject to an | ||
annual appropriation, the State Board of Education shall | ||
contribute the State's matching funds per the cost-sharing | ||
framework established by Dolly Parton's Imagination Library | ||
for the State program. The State program shall contribute the | ||
50% match of funds required of local programs participating in | ||
Dolly Parton's Imagination Library. Local program partners | ||
shall match the State program funds to provide the remaining | ||
50% match of funds required by Dolly Parton's Imagination | ||
Library. | ||
(1) The Imagination Library of Illinois Fund is hereby
| ||
created as a special fund in the State Treasury. The State | ||
Board of Education may accept gifts, grants, awards, | ||
donations, matching contributions, appropriations, | ||
interest income, public or private bequests, and cost |
sharings from any individuals, businesses, governments, or | ||
other third-party sources, and any federal funds. All | ||
moneys received under this Section shall be deposited into | ||
the Imagination Library of Illinois Fund. Any moneys that | ||
are unobligated or unexpended at the end of a fiscal year | ||
shall remain in the Imagination Library of Illinois Fund, | ||
shall not lapse into the General Revenue Fund, and shall | ||
be available to the Board for expenditure in the next | ||
fiscal year, subject to appropriation. Notwithstanding any | ||
other law to the contrary, this Fund is not subject to | ||
sweeps, administrative chargebacks, or any other fiscal or | ||
budgetary maneuver that in any way would transfer any | ||
amount from this Fund into any other fund of the State. | ||
(2) Moneys received under this Section are subject to
| ||
appropriation by the General Assembly and may only be | ||
expended for purposes consistent with the conditions under | ||
which the moneys were received, including, but not limited | ||
to, the following: | ||
(i) Moneys in the Fund shall be used to provide
| ||
age-appropriate books on a monthly basis, at home, to | ||
each child registered in the Imagination Library of | ||
Illinois Program, from birth through their fifth | ||
birthday, at no cost to families, through Dolly | ||
Parton's Imagination Library. | ||
(ii) Subject to availability, moneys in the Fund
| ||
shall be allocated to qualified local entities that |
provide a dollar-for-dollar match for the program. As | ||
used in this Section, "qualified local entity" means | ||
any existing or new local Dolly Parton's Imagination | ||
Library affiliate. | ||
(iii) Moneys in the Fund may be used by the
State | ||
Board of Education to pay for administrative expenses | ||
of the State program, including associated operating | ||
expenses of the State Board of Education or any | ||
nonprofit entity that coordinates the State program | ||
pursuant to subsection (b). | ||
(b) The State Board of Education shall coordinate with a | ||
nonprofit entity qualified under Section 501(c)(3) of the | ||
Internal Revenue Code to operate the State program. That | ||
organization must be organized solely to promote and encourage | ||
reading by the children of the State, for the purpose of | ||
implementing this Section. | ||
(c) The State Board of Education shall provide oversight | ||
of the nonprofit entity that operates the State program | ||
pursuant to subsection (b) to ensure the nonprofit entity does | ||
all of the following: | ||
(1) Promotes the statewide development of local Dolly
| ||
Parton's Imagination Library programs. | ||
(2) Advances and strengthens local Dolly Parton's
| ||
Imagination Library programs with the goal of increasing | ||
enrollment. | ||
(3) Develops community engagement. |
(4) Develops, promotes, and coordinates a public
| ||
awareness campaign to make donors aware of the opportunity | ||
to donate to the affiliate programs and make the public | ||
aware of the opportunity to register eligible children to | ||
receive books through the program. | ||
(5) Administers the local match requirement and
| ||
coordinates the collection and remittance of local program | ||
costs for books and mailing. | ||
(6) Develops statewide marketing and communication
| ||
plans. | ||
(7) Solicits donations, gifts, and other funding from
| ||
statewide partners to financially support local Dolly | ||
Parton's Imagination Library programs. | ||
(8) Identifies and applies for available grant awards. | ||
(d) The State Board of Education shall make publicly | ||
available on an annual basis information regarding the number | ||
of local programs that exist, where the local programs are | ||
located, the number of children that are enrolled in the | ||
program, the number of books that have been provided, and | ||
those entities or organizations that serve as local partners. | ||
(e) The State Board of Education may adopt rules as may be | ||
needed for the administration of the Imagination Library of | ||
Illinois Program.
| ||
(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. | ||
Notwithstanding any of the foregoing, for Decatur School | ||
District Number 61, no referendum shall be required if at | ||
least 50% 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, any COVID-19 pandemic relief program | ||
or funding source, including, but not limited to, Elementary | ||
and Secondary School Emergency Relief Fund grant proceeds. | ||
(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 | ||
50% 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.
| ||
(c) Notwithstanding the provisions of subsection (a) and | ||
(b), for Cahokia Community Unit School District 187, no | ||
referendum shall be required for the lease of any building for | ||
school or educational purposes if the cost is paid or will be | ||
paid with funds available at the time of the lease in the | ||
district's existing fund balances to fund the lease of a | ||
building during the 2023-2024 or 2024-2025 school year. | ||
For the purposes of this subsection (c), the school board | ||
must hold at least 2 public hearings, the sole purpose of which |
shall be to discuss the decision to lease 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 leasing must be provided at least 10 days prior to | ||
the hearing by publication on the school district's website. | ||
(Source: P.A. 101-455, eff. 8-23-19; 102-16, eff. 6-17-21; | ||
102-699, eff. 7-1-22.)
| ||
(105 ILCS 5/18-8.15) | ||
Sec. 18-8.15. Evidence-Based Funding for student success | ||
for the 2017-2018 and subsequent school years. | ||
(a) General provisions. | ||
(1) The purpose of this Section is to ensure that, by | ||
June 30, 2027 and beyond, this State has a kindergarten | ||
through grade 12 public education system with the capacity | ||
to ensure the educational development of all persons to | ||
the limits of their capacities in accordance with Section | ||
1 of Article X of the Constitution of the State of | ||
Illinois. To accomplish that objective, this Section | ||
creates a method of funding public education that is | ||
evidence-based; is sufficient to ensure every student | ||
receives a meaningful opportunity to learn irrespective of | ||
race, ethnicity, sexual orientation, gender, or | ||
community-income level; and is sustainable and | ||
predictable. When fully funded under this Section, every |
school shall have the resources, based on what the | ||
evidence indicates is needed, to: | ||
(A) provide all students with a high quality | ||
education that offers the academic, enrichment, social | ||
and emotional support, technical, and career-focused | ||
programs that will allow them to become competitive | ||
workers, responsible parents, productive citizens of | ||
this State, and active members of our national | ||
democracy; | ||
(B) ensure all students receive the education they | ||
need to graduate from high school with the skills | ||
required to pursue post-secondary education and | ||
training for a rewarding career; | ||
(C) reduce, with a goal of eliminating, the | ||
achievement gap between at-risk and non-at-risk | ||
students by raising the performance of at-risk | ||
students and not by reducing standards; and | ||
(D) ensure this State satisfies its obligation to | ||
assume the primary responsibility to fund public | ||
education and simultaneously relieve the | ||
disproportionate burden placed on local property taxes | ||
to fund schools. | ||
(2) The Evidence-Based Funding formula under this | ||
Section shall be applied to all Organizational Units in | ||
this State. The Evidence-Based Funding formula outlined in | ||
this Act is based on the formula outlined in Senate Bill 1 |
of the 100th General Assembly, as passed by both | ||
legislative chambers. As further defined and described in | ||
this Section, there are 4 major components of the | ||
Evidence-Based Funding model: | ||
(A) First, the model calculates a unique Adequacy | ||
Target for each Organizational Unit in this State that | ||
considers the costs to implement research-based | ||
activities, the unit's student demographics, and | ||
regional wage differences. | ||
(B) Second, the model calculates each | ||
Organizational Unit's Local Capacity, or the amount | ||
each Organizational Unit is assumed to contribute | ||
toward its Adequacy Target from local resources. | ||
(C) Third, the model calculates how much funding | ||
the State currently contributes to the Organizational | ||
Unit and adds that to the unit's Local Capacity to | ||
determine the unit's overall current adequacy of | ||
funding. | ||
(D) Finally, the model's distribution method | ||
allocates new State funding to those Organizational | ||
Units that are least well-funded, considering both | ||
Local Capacity and State funding, in relation to their | ||
Adequacy Target. | ||
(3) An Organizational Unit receiving any funding under | ||
this Section may apply those funds to any fund so received | ||
for which that Organizational Unit is authorized to make |
expenditures by law. | ||
(4) As used in this Section, the following terms shall | ||
have the meanings ascribed in this paragraph (4): | ||
"Adequacy Target" is defined in paragraph (1) of | ||
subsection (b) of this Section. | ||
"Adjusted EAV" is defined in paragraph (4) of | ||
subsection (d) of this Section. | ||
"Adjusted Local Capacity Target" is defined in | ||
paragraph (3) of subsection (c) of this Section. | ||
"Adjusted Operating Tax Rate" means a tax rate for all | ||
Organizational Units, for which the State Superintendent | ||
shall calculate and subtract for the Operating Tax Rate a | ||
transportation rate based on total expenses for | ||
transportation services under this Code, as reported on | ||
the most recent Annual Financial Report in Pupil | ||
Transportation Services, function 2550 in both the | ||
Education and Transportation funds and functions 4110 and | ||
4120 in the Transportation fund, less any corresponding | ||
fiscal year State of Illinois scheduled payments excluding | ||
net adjustments for prior years for regular, vocational, | ||
or special education transportation reimbursement pursuant | ||
to Section 29-5 or subsection (b) of Section 14-13.01 of | ||
this Code divided by the Adjusted EAV. If an | ||
Organizational Unit's corresponding fiscal year State of | ||
Illinois scheduled payments excluding net adjustments for | ||
prior years for regular, vocational, or special education |
transportation reimbursement pursuant to Section 29-5 or | ||
subsection (b) of Section 14-13.01 of this Code exceed the | ||
total transportation expenses, as defined in this | ||
paragraph, no transportation rate shall be subtracted from | ||
the Operating Tax Rate. | ||
"Allocation Rate" is defined in paragraph (3) of | ||
subsection (g) of this Section. | ||
"Alternative School" means a public school that is | ||
created and operated by a regional superintendent of | ||
schools and approved by the State Board. | ||
"Applicable Tax Rate" is defined in paragraph (1) of | ||
subsection (d) of this Section. | ||
"Assessment" means any of those benchmark, progress | ||
monitoring, formative, diagnostic, and other assessments, | ||
in addition to the State accountability assessment, that | ||
assist teachers' needs in understanding the skills and | ||
meeting the needs of the students they serve. | ||
"Assistant principal" means a school administrator | ||
duly endorsed to be employed as an assistant principal in | ||
this State. | ||
"At-risk student" means a student who is at risk of | ||
not meeting the Illinois Learning Standards or not | ||
graduating from elementary or high school and who | ||
demonstrates a need for vocational support or social | ||
services beyond that provided by the regular school | ||
program. All students included in an Organizational Unit's |
Low-Income Count, as well as all English learner and | ||
disabled students attending the Organizational Unit, shall | ||
be considered at-risk students under this Section. | ||
"Average Student Enrollment" or "ASE" for fiscal year | ||
2018 means, for an Organizational Unit, the greater of the | ||
average number of students (grades K through 12) reported | ||
to the State Board as enrolled in the Organizational Unit | ||
on October 1 in the immediately preceding school year, | ||
plus the pre-kindergarten students who receive special | ||
education services of 2 or more hours a day as reported to | ||
the State Board on December 1 in the immediately preceding | ||
school year, or the average number of students (grades K | ||
through 12) reported to the State Board as enrolled in the | ||
Organizational Unit on October 1, plus the | ||
pre-kindergarten students who receive special education | ||
services of 2 or more hours a day as reported to the State | ||
Board on December 1, for each of the immediately preceding | ||
3 school years. For fiscal year 2019 and each subsequent | ||
fiscal year, "Average Student Enrollment" or "ASE" means, | ||
for an Organizational Unit, the greater of the average | ||
number of students (grades K through 12) reported to the | ||
State Board as enrolled in the Organizational Unit on | ||
October 1 and March 1 in the immediately preceding school | ||
year, plus the pre-kindergarten students who receive | ||
special education services as reported to the State Board | ||
on October 1 and March 1 in the immediately preceding |
school year, or the average number of students (grades K | ||
through 12) reported to the State Board as enrolled in the | ||
Organizational Unit on October 1 and March 1, plus the | ||
pre-kindergarten students who receive special education | ||
services as reported to the State Board on October 1 and | ||
March 1, for each of the immediately preceding 3 school | ||
years. For the purposes of this definition, "enrolled in | ||
the Organizational Unit" means the number of students | ||
reported to the State Board who are enrolled in schools | ||
within the Organizational Unit that the student attends or | ||
would attend if not placed or transferred to another | ||
school or program to receive needed services. For the | ||
purposes of calculating "ASE", all students, grades K | ||
through 12, excluding those attending kindergarten for a | ||
half day and students attending an alternative education | ||
program operated by a regional office of education or | ||
intermediate service center, shall be counted as 1.0. All | ||
students attending kindergarten for a half day shall be | ||
counted as 0.5, unless in 2017 by June 15 or by March 1 in | ||
subsequent years, the school district reports to the State | ||
Board of Education the intent to implement full-day | ||
kindergarten district-wide for all students, then all | ||
students attending kindergarten shall be counted as 1.0. | ||
Special education pre-kindergarten students shall be | ||
counted as 0.5 each. If the State Board does not collect or | ||
has not collected both an October 1 and March 1 enrollment |
count by grade or a December 1 collection of special | ||
education pre-kindergarten students as of August 31, 2017 | ||
(the effective date of Public Act 100-465), it shall | ||
establish such collection for all future years. For any | ||
year in which a count by grade level was collected only | ||
once, that count shall be used as the single count | ||
available for computing a 3-year average ASE. Funding for | ||
programs operated by a regional office of education or an | ||
intermediate service center must be calculated using the | ||
Evidence-Based Funding formula under this Section for the | ||
2019-2020 school year and each subsequent school year | ||
until separate adequacy formulas are developed and adopted | ||
for each type of program. ASE for a program operated by a | ||
regional office of education or an intermediate service | ||
center must be determined by the March 1 enrollment for | ||
the program. For the 2019-2020 school year, the ASE used | ||
in the calculation must be the first-year ASE and, in that | ||
year only, the assignment of students served by a regional | ||
office of education or intermediate service center shall | ||
not result in a reduction of the March enrollment for any | ||
school district. For the 2020-2021 school year, the ASE | ||
must be the greater of the current-year ASE or the 2-year | ||
average ASE. Beginning with the 2021-2022 school year, the | ||
ASE must be the greater of the current-year ASE or the | ||
3-year average ASE. School districts shall submit the data | ||
for the ASE calculation to the State Board within 45 days |
of the dates required in this Section for submission of | ||
enrollment data in order for it to be included in the ASE | ||
calculation. For fiscal year 2018 only, the ASE | ||
calculation shall include only enrollment taken on October | ||
1. In recognition of the impact of COVID-19, the | ||
definition of "Average Student Enrollment" or "ASE" shall | ||
be adjusted for calculations under this Section for fiscal | ||
years 2022 through 2024. For fiscal years 2022 through | ||
2024, the enrollment used in the calculation of ASE | ||
representing the 2020-2021 school year shall be the | ||
greater of the enrollment for the 2020-2021 school year or | ||
the 2019-2020 school year. | ||
"Base Funding Guarantee" is defined in paragraph (10) | ||
of subsection (g) of this Section. | ||
"Base Funding Minimum" is defined in subsection (e) of | ||
this Section. | ||
"Base Tax Year" means the property tax levy year used | ||
to calculate the Budget Year allocation of primary State | ||
aid. | ||
"Base Tax Year's Extension" means the product of the | ||
equalized assessed valuation utilized by the county clerk | ||
in the Base Tax Year multiplied by the limiting rate as | ||
calculated by the county clerk and defined in PTELL. | ||
"Bilingual Education Allocation" means the amount of | ||
an Organizational Unit's final Adequacy Target | ||
attributable to bilingual education divided by the |
Organizational Unit's final Adequacy Target, the product | ||
of which shall be multiplied by the amount of new funding | ||
received pursuant to this Section. An Organizational | ||
Unit's final Adequacy Target attributable to bilingual | ||
education shall include all additional investments in | ||
English learner students' adequacy elements. | ||
"Budget Year" means the school year for which primary | ||
State aid is calculated and awarded under this Section. | ||
"Central office" means individual administrators and | ||
support service personnel charged with managing the | ||
instructional programs, business and operations, and | ||
security of the Organizational Unit. | ||
"Comparable Wage Index" or "CWI" means a regional cost | ||
differentiation metric that measures systemic, regional | ||
variations in the salaries of college graduates who are | ||
not educators. The CWI utilized for this Section shall, | ||
for the first 3 years of Evidence-Based Funding | ||
implementation, be the CWI initially developed by the | ||
National Center for Education Statistics, as most recently | ||
updated by Texas A & M University. In the fourth and | ||
subsequent years of Evidence-Based Funding implementation, | ||
the State Superintendent shall re-determine the CWI using | ||
a similar methodology to that identified in the Texas A & M | ||
University study, with adjustments made no less frequently | ||
than once every 5 years. | ||
"Computer technology and equipment" means computers |
servers, notebooks, network equipment, copiers, printers, | ||
instructional software, security software, curriculum | ||
management courseware, and other similar materials and | ||
equipment. | ||
"Computer technology and equipment investment | ||
allocation" means the final Adequacy Target amount of an | ||
Organizational Unit assigned to Tier 1 or Tier 2 in the | ||
prior school year attributable to the additional $285.50 | ||
per student computer technology and equipment investment | ||
grant divided by the Organizational Unit's final Adequacy | ||
Target, the result of which shall be multiplied by the | ||
amount of new funding received pursuant to this Section. | ||
An Organizational Unit assigned to a Tier 1 or Tier 2 final | ||
Adequacy Target attributable to the received computer | ||
technology and equipment investment grant shall include | ||
all additional investments in computer technology and | ||
equipment adequacy elements. | ||
"Core subject" means mathematics; science; reading, | ||
English, writing, and language arts; history and social | ||
studies; world languages; and subjects taught as Advanced | ||
Placement in high schools. | ||
"Core teacher" means a regular classroom teacher in | ||
elementary schools and teachers of a core subject in | ||
middle and high schools. | ||
"Core Intervention teacher (tutor)" means a licensed | ||
teacher providing one-on-one or small group tutoring to |
students struggling to meet proficiency in core subjects. | ||
"CPPRT" means corporate personal property replacement | ||
tax funds paid to an Organizational Unit during the | ||
calendar year one year before the calendar year in which a | ||
school year begins, pursuant to "An Act in relation to the | ||
abolition of ad valorem personal property tax and the | ||
replacement of revenues lost thereby, and amending and | ||
repealing certain Acts and parts of Acts in connection | ||
therewith", certified August 14, 1979, as amended (Public | ||
Act 81-1st S.S.-1). | ||
"EAV" means equalized assessed valuation as defined in | ||
paragraph (2) of subsection (d) of this Section and | ||
calculated in accordance with paragraph (3) of subsection | ||
(d) of this Section. | ||
"ECI" means the Bureau of Labor Statistics' national | ||
employment cost index for civilian workers in educational | ||
services in elementary and secondary schools on a | ||
cumulative basis for the 12-month calendar year preceding | ||
the fiscal year of the Evidence-Based Funding calculation. | ||
"EIS Data" means the employment information system | ||
data maintained by the State Board on educators within | ||
Organizational Units. | ||
"Employee benefits" means health, dental, and vision | ||
insurance offered to employees of an Organizational Unit, | ||
the costs associated with the statutorily required payment | ||
of the normal cost of the Organizational Unit's teacher |
pensions, Social Security employer contributions, and | ||
Illinois Municipal Retirement Fund employer contributions. | ||
"English learner" or "EL" means a child included in | ||
the definition of "English learners" under Section 14C-2 | ||
of this Code participating in a program of transitional | ||
bilingual education or a transitional program of | ||
instruction meeting the requirements and program | ||
application procedures of Article 14C of this Code. For | ||
the purposes of collecting the number of EL students | ||
enrolled, the same collection and calculation methodology | ||
as defined above for "ASE" shall apply to English | ||
learners, with the exception that EL student enrollment | ||
shall include students in grades pre-kindergarten through | ||
12. | ||
"Essential Elements" means those elements, resources, | ||
and educational programs that have been identified through | ||
academic research as necessary to improve student success, | ||
improve academic performance, close achievement gaps, and | ||
provide for other per student costs related to the | ||
delivery and leadership of the Organizational Unit, as | ||
well as the maintenance and operations of the unit, and | ||
which are specified in paragraph (2) of subsection (b) of | ||
this Section. | ||
"Evidence-Based Funding" means State funding provided | ||
to an Organizational Unit pursuant to this Section. | ||
"Extended day" means academic and enrichment programs |
provided to students outside the regular school day before | ||
and after school or during non-instructional times during | ||
the school day. | ||
"Extension Limitation Ratio" means a numerical ratio | ||
in which the numerator is the Base Tax Year's Extension | ||
and the denominator is the Preceding Tax Year's Extension. | ||
"Final Percent of Adequacy" is defined in paragraph | ||
(4) of subsection (f) of this Section. | ||
"Final Resources" is defined in paragraph (3) of | ||
subsection (f) of this Section. | ||
"Full-time equivalent" or "FTE" means the full-time | ||
equivalency compensation for staffing the relevant | ||
position at an Organizational Unit. | ||
"Funding Gap" is defined in paragraph (1) of | ||
subsection (g). | ||
"Hybrid District" means a partial elementary unit | ||
district created pursuant to Article 11E of this Code. | ||
"Instructional assistant" means a core or special | ||
education, non-licensed employee who assists a teacher in | ||
the classroom and provides academic support to students. | ||
"Instructional facilitator" means a qualified teacher | ||
or licensed teacher leader who facilitates and coaches | ||
continuous improvement in classroom instruction; provides | ||
instructional support to teachers in the elements of | ||
research-based instruction or demonstrates the alignment | ||
of instruction with curriculum standards and assessment |
tools; develops or coordinates instructional programs or | ||
strategies; develops and implements training; chooses | ||
standards-based instructional materials; provides | ||
teachers with an understanding of current research; serves | ||
as a mentor, site coach, curriculum specialist, or lead | ||
teacher; or otherwise works with fellow teachers, in | ||
collaboration, to use data to improve instructional | ||
practice or develop model lessons. | ||
"Instructional materials" means relevant | ||
instructional materials for student instruction, | ||
including, but not limited to, textbooks, consumable | ||
workbooks, laboratory equipment, library books, and other | ||
similar materials. | ||
"Laboratory School" means a public school that is | ||
created and operated by a public university and approved | ||
by the State Board. | ||
"Librarian" means a teacher with an endorsement as a | ||
library information specialist or another individual whose | ||
primary responsibility is overseeing library resources | ||
within an Organizational Unit. | ||
"Limiting rate for Hybrid Districts" means the | ||
combined elementary school and high school limiting rates. | ||
"Local Capacity" is defined in paragraph (1) of | ||
subsection (c) of this Section. | ||
"Local Capacity Percentage" is defined in subparagraph | ||
(A) of paragraph (2) of subsection (c) of this Section. |
"Local Capacity Ratio" is defined in subparagraph (B) | ||
of paragraph (2) of subsection (c) of this Section. | ||
"Local Capacity Target" is defined in paragraph (2) of | ||
subsection (c) of this Section. | ||
"Low-Income Count" means, for an Organizational Unit | ||
in a fiscal year, the higher of the average number of | ||
students for the prior school year or the immediately | ||
preceding 3 school years who, as of July 1 of the | ||
immediately preceding fiscal year (as determined by the | ||
Department of Human Services), are eligible for at least | ||
one of the following low-income programs: Medicaid, the | ||
Children's Health Insurance Program, Temporary Assistance | ||
for Needy Families (TANF), or the Supplemental Nutrition | ||
Assistance Program, excluding pupils who are eligible for | ||
services provided by the Department of Children and Family | ||
Services. Until such time that grade level low-income | ||
populations become available, grade level low-income | ||
populations shall be determined by applying the low-income | ||
percentage to total student enrollments by grade level. | ||
The low-income percentage is determined by dividing the | ||
Low-Income Count by the Average Student Enrollment. The | ||
low-income percentage for programs operated by a regional | ||
office of education or an intermediate service center must | ||
be set to the weighted average of the low-income | ||
percentages of all of the school districts in the service | ||
region. The weighted low-income percentage is the result |
of multiplying the low-income percentage of each school | ||
district served by the regional office of education or | ||
intermediate service center by each school district's | ||
Average Student Enrollment, summarizing those products and | ||
dividing the total by the total Average Student Enrollment | ||
for the service region. | ||
"Maintenance and operations" means custodial services, | ||
facility and ground maintenance, facility operations, | ||
facility security, routine facility repairs, and other | ||
similar services and functions. | ||
"Minimum Funding Level" is defined in paragraph (9) of | ||
subsection (g) of this Section. | ||
"New Property Tax Relief Pool Funds" means, for any | ||
given fiscal year, all State funds appropriated under | ||
Section 2-3.170 of this Code. | ||
"New State Funds" means, for a given school year, all | ||
State funds appropriated for Evidence-Based Funding in | ||
excess of the amount needed to fund the Base Funding | ||
Minimum for all Organizational Units in that school year. | ||
"Nurse" means an individual licensed as a certified | ||
school nurse, in accordance with the rules established for | ||
nursing services by the State Board, who is an employee of | ||
and is available to provide health care-related services | ||
for students of an Organizational Unit. | ||
"Operating Tax Rate" means the rate utilized in the | ||
previous year to extend property taxes for all purposes, |
except Bond and Interest, Summer School, Rent, Capital | ||
Improvement, and Vocational Education Building purposes. | ||
For Hybrid Districts, the Operating Tax Rate shall be the | ||
combined elementary and high school rates utilized in the | ||
previous year to extend property taxes for all purposes, | ||
except Bond and Interest, Summer School, Rent, Capital | ||
Improvement, and Vocational Education Building purposes. | ||
"Organizational Unit" means a Laboratory School or any | ||
public school district that is recognized as such by the | ||
State Board and that contains elementary schools typically | ||
serving kindergarten through 5th grades, middle schools | ||
typically serving 6th through 8th grades, high schools | ||
typically serving 9th through 12th grades, a program | ||
established under Section 2-3.66 or 2-3.41, or a program | ||
operated by a regional office of education or an | ||
intermediate service center under Article 13A or 13B. The | ||
General Assembly acknowledges that the actual grade levels | ||
served by a particular Organizational Unit may vary | ||
slightly from what is typical. | ||
"Organizational Unit CWI" is determined by calculating | ||
the CWI in the region and original county in which an | ||
Organizational Unit's primary administrative office is | ||
located as set forth in this paragraph, provided that if | ||
the Organizational Unit CWI as calculated in accordance | ||
with this paragraph is less than 0.9, the Organizational | ||
Unit CWI shall be increased to 0.9. Each county's current |
CWI value shall be adjusted based on the CWI value of that | ||
county's neighboring Illinois counties, to create a | ||
"weighted adjusted index value". This shall be calculated | ||
by summing the CWI values of all of a county's adjacent | ||
Illinois counties and dividing by the number of adjacent | ||
Illinois counties, then taking the weighted value of the | ||
original county's CWI value and the adjacent Illinois | ||
county average. To calculate this weighted value, if the | ||
number of adjacent Illinois counties is greater than 2, | ||
the original county's CWI value will be weighted at 0.25 | ||
and the adjacent Illinois county average will be weighted | ||
at 0.75. If the number of adjacent Illinois counties is 2, | ||
the original county's CWI value will be weighted at 0.33 | ||
and the adjacent Illinois county average will be weighted | ||
at 0.66. The greater of the county's current CWI value and | ||
its weighted adjusted index value shall be used as the | ||
Organizational Unit CWI. | ||
"Preceding Tax Year" means the property tax levy year | ||
immediately preceding the Base Tax Year. | ||
"Preceding Tax Year's Extension" means the product of | ||
the equalized assessed valuation utilized by the county | ||
clerk in the Preceding Tax Year multiplied by the | ||
Operating Tax Rate. | ||
"Preliminary Percent of Adequacy" is defined in | ||
paragraph (2) of subsection (f) of this Section. | ||
"Preliminary Resources" is defined in paragraph (2) of |
subsection (f) of this Section. | ||
"Principal" means a school administrator duly endorsed | ||
to be employed as a principal in this State. | ||
"Professional development" means training programs for | ||
licensed staff in schools, including, but not limited to, | ||
programs that assist in implementing new curriculum | ||
programs, provide data focused or academic assessment data | ||
training to help staff identify a student's weaknesses and | ||
strengths, target interventions, improve instruction, | ||
encompass instructional strategies for English learner, | ||
gifted, or at-risk students, address inclusivity, cultural | ||
sensitivity, or implicit bias, or otherwise provide | ||
professional support for licensed staff. | ||
"Prototypical" means 450 special education | ||
pre-kindergarten and kindergarten through grade 5 students | ||
for an elementary school, 450 grade 6 through 8 students | ||
for a middle school, and 600 grade 9 through 12 students | ||
for a high school. | ||
"PTELL" means the Property Tax Extension Limitation | ||
Law. | ||
"PTELL EAV" is defined in paragraph (4) of subsection | ||
(d) of this Section. | ||
"Pupil support staff" means a nurse, psychologist, | ||
social worker, family liaison personnel, or other staff | ||
member who provides support to at-risk or struggling | ||
students. |
"Real Receipts" is defined in paragraph (1) of | ||
subsection (d) of this Section. | ||
"Regionalization Factor" means, for a particular | ||
Organizational Unit, the figure derived by dividing the | ||
Organizational Unit CWI by the Statewide Weighted CWI. | ||
"School counselor" means a licensed school counselor | ||
who provides guidance and counseling support for students | ||
within an Organizational Unit. | ||
"School site staff" means the primary school secretary | ||
and any additional clerical personnel assigned to a | ||
school. | ||
"Special education" means special educational | ||
facilities and services, as defined in Section 14-1.08 of | ||
this Code. | ||
"Special Education Allocation" means the amount of an | ||
Organizational Unit's final Adequacy Target attributable | ||
to special education divided by the Organizational Unit's | ||
final Adequacy Target, the product of which shall be | ||
multiplied by the amount of new funding received pursuant | ||
to this Section. An Organizational Unit's final Adequacy | ||
Target attributable to special education shall include all | ||
special education investment adequacy elements. | ||
"Specialist teacher" means a teacher who provides | ||
instruction in subject areas not included in core | ||
subjects, including, but not limited to, art, music, | ||
physical education, health, driver education, |
career-technical education, and such other subject areas | ||
as may be mandated by State law or provided by an | ||
Organizational Unit. | ||
"Specially Funded Unit" means an Alternative School, | ||
safe school, Department of Juvenile Justice school, | ||
special education cooperative or entity recognized by the | ||
State Board as a special education cooperative, | ||
State-approved charter school, or alternative learning | ||
opportunities program that received direct funding from | ||
the State Board during the 2016-2017 school year through | ||
any of the funding sources included within the calculation | ||
of the Base Funding Minimum or Glenwood Academy. | ||
"Supplemental Grant Funding" means supplemental | ||
general State aid funding received by an Organizational | ||
Unit during the 2016-2017 school year pursuant to | ||
subsection (H) of Section 18-8.05 of this Code (now | ||
repealed). | ||
"State Adequacy Level" is the sum of the Adequacy | ||
Targets of all Organizational Units. | ||
"State Board" means the State Board of Education. | ||
"State Superintendent" means the State Superintendent | ||
of Education. | ||
"Statewide Weighted CWI" means a figure determined by | ||
multiplying each Organizational Unit CWI times the ASE for | ||
that Organizational Unit creating a weighted value, | ||
summing all Organizational Units' weighted values, and |
dividing by the total ASE of all Organizational Units, | ||
thereby creating an average weighted index. | ||
"Student activities" means non-credit producing | ||
after-school programs, including, but not limited to, | ||
clubs, bands, sports, and other activities authorized by | ||
the school board of the Organizational Unit. | ||
"Substitute teacher" means an individual teacher or | ||
teaching assistant who is employed by an Organizational | ||
Unit and is temporarily serving the Organizational Unit on | ||
a per diem or per period-assignment basis to replace | ||
another staff member. | ||
"Summer school" means academic and enrichment programs | ||
provided to students during the summer months outside of | ||
the regular school year. | ||
"Supervisory aide" means a non-licensed staff member | ||
who helps in supervising students of an Organizational | ||
Unit, but does so outside of the classroom, in situations | ||
such as, but not limited to, monitoring hallways and | ||
playgrounds, supervising lunchrooms, or supervising | ||
students when being transported in buses serving the | ||
Organizational Unit. | ||
"Target Ratio" is defined in paragraph (4) of | ||
subsection (g). | ||
"Tier 1", "Tier 2", "Tier 3", and "Tier 4" are defined | ||
in paragraph (3) of subsection (g). | ||
"Tier 1 Aggregate Funding", "Tier 2 Aggregate |
Funding", "Tier 3 Aggregate Funding", and "Tier 4 | ||
Aggregate Funding" are defined in paragraph (1) of | ||
subsection (g). | ||
(b) Adequacy Target calculation. | ||
(1) Each Organizational Unit's Adequacy Target is the | ||
sum of the Organizational Unit's cost of providing | ||
Essential Elements, as calculated in accordance with this | ||
subsection (b), with the salary amounts in the Essential | ||
Elements multiplied by a Regionalization Factor calculated | ||
pursuant to paragraph (3) of this subsection (b). | ||
(2) The Essential Elements are attributable on a pro | ||
rata basis related to defined subgroups of the ASE of each | ||
Organizational Unit as specified in this paragraph (2), | ||
with investments and FTE positions pro rata funded based | ||
on ASE counts in excess of or less than the thresholds set | ||
forth in this paragraph (2). The method for calculating | ||
attributable pro rata costs and the defined subgroups | ||
thereto are as follows: | ||
(A) Core class size investments. Each | ||
Organizational Unit shall receive the funding required | ||
to support that number of FTE core teacher positions | ||
as is needed to keep the respective class sizes of the | ||
Organizational Unit to the following maximum numbers: | ||
(i) For grades kindergarten through 3, the | ||
Organizational Unit shall receive funding required | ||
to support one FTE core teacher position for every |
15 Low-Income Count students in those grades and | ||
one FTE core teacher position for every 20 | ||
non-Low-Income Count students in those grades. | ||
(ii) For grades 4 through 12, the | ||
Organizational Unit shall receive funding required | ||
to support one FTE core teacher position for every | ||
20 Low-Income Count students in those grades and | ||
one FTE core teacher position for every 25 | ||
non-Low-Income Count students in those grades. | ||
The number of non-Low-Income Count students in a | ||
grade shall be determined by subtracting the | ||
Low-Income students in that grade from the ASE of the | ||
Organizational Unit for that grade. | ||
(B) Specialist teacher investments. Each | ||
Organizational Unit shall receive the funding needed | ||
to cover that number of FTE specialist teacher | ||
positions that correspond to the following | ||
percentages: | ||
(i) if the Organizational Unit operates an | ||
elementary or middle school, then 20.00% of the | ||
number of the Organizational Unit's core teachers, | ||
as determined under subparagraph (A) of this | ||
paragraph (2); and | ||
(ii) if such Organizational Unit operates a | ||
high school, then 33.33% of the number of the | ||
Organizational Unit's core teachers. |
(C) Instructional facilitator investments. Each | ||
Organizational Unit shall receive the funding needed | ||
to cover one FTE instructional facilitator position | ||
for every 200 combined ASE of pre-kindergarten | ||
children with disabilities and all kindergarten | ||
through grade 12 students of the Organizational Unit. | ||
(D) Core intervention teacher (tutor) investments. | ||
Each Organizational Unit shall receive the funding | ||
needed to cover one FTE teacher position for each | ||
prototypical elementary, middle, and high school. | ||
(E) Substitute teacher investments. Each | ||
Organizational Unit shall receive the funding needed | ||
to cover substitute teacher costs that is equal to | ||
5.70% of the minimum pupil attendance days required | ||
under Section 10-19 of this Code for all full-time | ||
equivalent core, specialist, and intervention | ||
teachers, school nurses, special education teachers | ||
and instructional assistants, instructional | ||
facilitators, and summer school and extended day | ||
teacher positions, as determined under this paragraph | ||
(2), at a salary rate of 33.33% of the average salary | ||
for grade K through 12 teachers and 33.33% of the | ||
average salary of each instructional assistant | ||
position. | ||
(F) Core school counselor investments. Each | ||
Organizational Unit shall receive the funding needed |
to cover one FTE school counselor for each 450 | ||
combined ASE of pre-kindergarten children with | ||
disabilities and all kindergarten through grade 5 | ||
students, plus one FTE school counselor for each 250 | ||
grades 6 through 8 ASE middle school students, plus | ||
one FTE school counselor for each 250 grades 9 through | ||
12 ASE high school students. | ||
(G) Nurse investments. Each Organizational Unit | ||
shall receive the funding needed to cover one FTE | ||
nurse for each 750 combined ASE of pre-kindergarten | ||
children with disabilities and all kindergarten | ||
through grade 12 students across all grade levels it | ||
serves. | ||
(H) Supervisory aide investments. Each | ||
Organizational Unit shall receive the funding needed | ||
to cover one FTE for each 225 combined ASE of | ||
pre-kindergarten children with disabilities and all | ||
kindergarten through grade 5 students, plus one FTE | ||
for each 225 ASE middle school students, plus one FTE | ||
for each 200 ASE high school students. | ||
(I) Librarian investments. Each Organizational | ||
Unit shall receive the funding needed to cover one FTE | ||
librarian for each prototypical elementary school, | ||
middle school, and high school and one FTE aide or | ||
media technician for every 300 combined ASE of | ||
pre-kindergarten children with disabilities and all |
kindergarten through grade 12 students. | ||
(J) Principal investments. Each Organizational | ||
Unit shall receive the funding needed to cover one FTE | ||
principal position for each prototypical elementary | ||
school, plus one FTE principal position for each | ||
prototypical middle school, plus one FTE principal | ||
position for each prototypical high school. | ||
(K) Assistant principal investments. Each | ||
Organizational Unit shall receive the funding needed | ||
to cover one FTE assistant principal position for each | ||
prototypical elementary school, plus one FTE assistant | ||
principal position for each prototypical middle | ||
school, plus one FTE assistant principal position for | ||
each prototypical high school. | ||
(L) School site staff investments. Each | ||
Organizational Unit shall receive the funding needed | ||
for one FTE position for each 225 ASE of | ||
pre-kindergarten children with disabilities and all | ||
kindergarten through grade 5 students, plus one FTE | ||
position for each 225 ASE middle school students, plus | ||
one FTE position for each 200 ASE high school | ||
students. | ||
(M) Gifted investments. Each Organizational Unit | ||
shall receive $40 per kindergarten through grade 12 | ||
ASE. | ||
(N) Professional development investments. Each |
Organizational Unit shall receive $125 per student of | ||
the combined ASE of pre-kindergarten children with | ||
disabilities and all kindergarten through grade 12 | ||
students for trainers and other professional | ||
development-related expenses for supplies and | ||
materials. | ||
(O) Instructional material investments. Each | ||
Organizational Unit shall receive $190 per student of | ||
the combined ASE of pre-kindergarten children with | ||
disabilities and all kindergarten through grade 12 | ||
students to cover instructional material costs. | ||
(P) Assessment investments. Each Organizational | ||
Unit shall receive $25 per student of the combined ASE | ||
of pre-kindergarten children with disabilities and all | ||
kindergarten through grade 12 students to cover | ||
assessment costs. | ||
(Q) Computer technology and equipment investments. | ||
Each Organizational Unit shall receive $285.50 per | ||
student of the combined ASE of pre-kindergarten | ||
children with disabilities and all kindergarten | ||
through grade 12 students to cover computer technology | ||
and equipment costs. For the 2018-2019 school year and | ||
subsequent school years, Organizational Units assigned | ||
to Tier 1 and Tier 2 in the prior school year shall | ||
receive an additional $285.50 per student of the | ||
combined ASE of pre-kindergarten children with |
disabilities and all kindergarten through grade 12 | ||
students to cover computer technology and equipment | ||
costs in the Organizational Unit's Adequacy Target. | ||
The State Board may establish additional requirements | ||
for Organizational Unit expenditures of funds received | ||
pursuant to this subparagraph (Q), including a | ||
requirement that funds received pursuant to this | ||
subparagraph (Q) may be used only for serving the | ||
technology needs of the district. It is the intent of | ||
Public Act 100-465 that all Tier 1 and Tier 2 districts | ||
receive the addition to their Adequacy Target in the | ||
following year, subject to compliance with the | ||
requirements of the State Board. | ||
(R) Student activities investments. Each | ||
Organizational Unit shall receive the following | ||
funding amounts to cover student activities: $100 per | ||
kindergarten through grade 5 ASE student in elementary | ||
school, plus $200 per ASE student in middle school, | ||
plus $675 per ASE student in high school. | ||
(S) Maintenance and operations investments. Each | ||
Organizational Unit shall receive $1,038 per student | ||
of the combined ASE of pre-kindergarten children with | ||
disabilities and all kindergarten through grade 12 | ||
students for day-to-day maintenance and operations | ||
expenditures, including salary, supplies, and | ||
materials, as well as purchased services, but |
excluding employee benefits. The proportion of salary | ||
for the application of a Regionalization Factor and | ||
the calculation of benefits is equal to $352.92. | ||
(T) Central office investments. Each | ||
Organizational Unit shall receive $742 per student of | ||
the combined ASE of pre-kindergarten children with | ||
disabilities and all kindergarten through grade 12 | ||
students to cover central office operations, including | ||
administrators and classified personnel charged with | ||
managing the instructional programs, business and | ||
operations of the school district, and security | ||
personnel. The proportion of salary for the | ||
application of a Regionalization Factor and the | ||
calculation of benefits is equal to $368.48. | ||
(U) Employee benefit investments. Each | ||
Organizational Unit shall receive 30% of the total of | ||
all salary-calculated elements of the Adequacy Target, | ||
excluding substitute teachers and student activities | ||
investments, to cover benefit costs. For central | ||
office and maintenance and operations investments, the | ||
benefit calculation shall be based upon the salary | ||
proportion of each investment. If at any time the | ||
responsibility for funding the employer normal cost of | ||
teacher pensions is assigned to school districts, then | ||
that amount certified by the Teachers' Retirement | ||
System of the State of Illinois to be paid by the |
Organizational Unit for the preceding school year | ||
shall be added to the benefit investment. For any | ||
fiscal year in which a school district organized under | ||
Article 34 of this Code is responsible for paying the | ||
employer normal cost of teacher pensions, then that | ||
amount of its employer normal cost plus the amount for | ||
retiree health insurance as certified by the Public | ||
School Teachers' Pension and Retirement Fund of | ||
Chicago to be paid by the school district for the | ||
preceding school year that is statutorily required to | ||
cover employer normal costs and the amount for retiree | ||
health insurance shall be added to the 30% specified | ||
in this subparagraph (U). The Teachers' Retirement | ||
System of the State of Illinois and the Public School | ||
Teachers' Pension and Retirement Fund of Chicago shall | ||
submit such information as the State Superintendent | ||
may require for the calculations set forth in this | ||
subparagraph (U). | ||
(V) Additional investments in low-income students. | ||
In addition to and not in lieu of all other funding | ||
under this paragraph (2), each Organizational Unit | ||
shall receive funding based on the average teacher | ||
salary for grades K through 12 to cover the costs of: | ||
(i) one FTE intervention teacher (tutor) | ||
position for every 125 Low-Income Count students; | ||
(ii) one FTE pupil support staff position for |
every 125 Low-Income Count students; | ||
(iii) one FTE extended day teacher position | ||
for every 120 Low-Income Count students; and | ||
(iv) one FTE summer school teacher position | ||
for every 120 Low-Income Count students. | ||
(W) Additional investments in English learner | ||
students. In addition to and not in lieu of all other | ||
funding under this paragraph (2), each Organizational | ||
Unit shall receive funding based on the average | ||
teacher salary for grades K through 12 to cover the | ||
costs of: | ||
(i) one FTE intervention teacher (tutor) | ||
position for every 125 English learner students; | ||
(ii) one FTE pupil support staff position for | ||
every 125 English learner students; | ||
(iii) one FTE extended day teacher position | ||
for every 120 English learner students; | ||
(iv) one FTE summer school teacher position | ||
for every 120 English learner students; and | ||
(v) one FTE core teacher position for every | ||
100 English learner students. | ||
(X) Special education investments. Each | ||
Organizational Unit shall receive funding based on the | ||
average teacher salary for grades K through 12 to | ||
cover special education as follows: | ||
(i) one FTE teacher position for every 141 |
combined ASE of pre-kindergarten children with | ||
disabilities and all kindergarten through grade 12 | ||
students; | ||
(ii) one FTE instructional assistant for every | ||
141 combined ASE of pre-kindergarten children with | ||
disabilities and all kindergarten through grade 12 | ||
students; and | ||
(iii) one FTE psychologist position for every | ||
1,000 combined ASE of pre-kindergarten children | ||
with disabilities and all kindergarten through | ||
grade 12 students. | ||
(3) For calculating the salaries included within the | ||
Essential Elements, the State Superintendent shall | ||
annually calculate average salaries to the nearest dollar | ||
using the employment information system data maintained by | ||
the State Board, limited to public schools only and | ||
excluding special education and vocational cooperatives, | ||
schools operated by the Department of Juvenile Justice, | ||
and charter schools, for the following positions: | ||
(A) Teacher for grades K through 8. | ||
(B) Teacher for grades 9 through 12. | ||
(C) Teacher for grades K through 12. | ||
(D) School counselor for grades K through 8. | ||
(E) School counselor for grades 9 through 12. | ||
(F) School counselor for grades K through 12. | ||
(G) Social worker. |
(H) Psychologist. | ||
(I) Librarian. | ||
(J) Nurse. | ||
(K) Principal. | ||
(L) Assistant principal. | ||
For the purposes of this paragraph (3), "teacher" | ||
includes core teachers, specialist and elective teachers, | ||
instructional facilitators, tutors, special education | ||
teachers, pupil support staff teachers, English learner | ||
teachers, extended day teachers, and summer school | ||
teachers. Where specific grade data is not required for | ||
the Essential Elements, the average salary for | ||
corresponding positions shall apply. For substitute | ||
teachers, the average teacher salary for grades K through | ||
12 shall apply. | ||
For calculating the salaries included within the | ||
Essential Elements for positions not included within EIS | ||
Data, the following salaries shall be used in the first | ||
year of implementation of Evidence-Based Funding: | ||
(i) school site staff, $30,000; and | ||
(ii) non-instructional assistant, instructional | ||
assistant, library aide, library media tech, or | ||
supervisory aide: $25,000. | ||
In the second and subsequent years of implementation | ||
of Evidence-Based Funding, the amounts in items (i) and | ||
(ii) of this paragraph (3) shall annually increase by the |
ECI. | ||
The salary amounts for the Essential Elements | ||
determined pursuant to subparagraphs (A) through (L), (S) | ||
and (T), and (V) through (X) of paragraph (2) of | ||
subsection (b) of this Section shall be multiplied by a | ||
Regionalization Factor. | ||
(c) Local Capacity calculation. | ||
(1) Each Organizational Unit's Local Capacity | ||
represents an amount of funding it is assumed to | ||
contribute toward its Adequacy Target for purposes of the | ||
Evidence-Based Funding formula calculation. "Local | ||
Capacity" means either (i) the Organizational Unit's Local | ||
Capacity Target as calculated in accordance with paragraph | ||
(2) of this subsection (c) if its Real Receipts are equal | ||
to or less than its Local Capacity Target or (ii) the | ||
Organizational Unit's Adjusted Local Capacity, as | ||
calculated in accordance with paragraph (3) of this | ||
subsection (c) if Real Receipts are more than its Local | ||
Capacity Target. | ||
(2) "Local Capacity Target" means, for an | ||
Organizational Unit, that dollar amount that is obtained | ||
by multiplying its Adequacy Target by its Local Capacity | ||
Ratio. | ||
(A) An Organizational Unit's Local Capacity | ||
Percentage is the conversion of the Organizational | ||
Unit's Local Capacity Ratio, as such ratio is |
determined in accordance with subparagraph (B) of this | ||
paragraph (2), into a cumulative distribution | ||
resulting in a percentile ranking to determine each | ||
Organizational Unit's relative position to all other | ||
Organizational Units in this State. The calculation of | ||
Local Capacity Percentage is described in subparagraph | ||
(C) of this paragraph (2). | ||
(B) An Organizational Unit's Local Capacity Ratio | ||
in a given year is the percentage obtained by dividing | ||
its Adjusted EAV or PTELL EAV, whichever is less, by | ||
its Adequacy Target, with the resulting ratio further | ||
adjusted as follows: | ||
(i) for Organizational Units serving grades | ||
kindergarten through 12 and Hybrid Districts, no | ||
further adjustments shall be made; | ||
(ii) for Organizational Units serving grades | ||
kindergarten through 8, the ratio shall be | ||
multiplied by 9/13; | ||
(iii) for Organizational Units serving grades | ||
9 through 12, the Local Capacity Ratio shall be | ||
multiplied by 4/13; and | ||
(iv) for an Organizational Unit with a | ||
different grade configuration than those specified | ||
in items (i) through (iii) of this subparagraph | ||
(B), the State Superintendent shall determine a | ||
comparable adjustment based on the grades served. |
(C) The Local Capacity Percentage is equal to the | ||
percentile ranking of the district. Local Capacity | ||
Percentage converts each Organizational Unit's Local | ||
Capacity Ratio to a cumulative distribution resulting | ||
in a percentile ranking to determine each | ||
Organizational Unit's relative position to all other | ||
Organizational Units in this State. The Local Capacity | ||
Percentage cumulative distribution resulting in a | ||
percentile ranking for each Organizational Unit shall | ||
be calculated using the standard normal distribution | ||
of the score in relation to the weighted mean and | ||
weighted standard deviation and Local Capacity Ratios | ||
of all Organizational Units. If the value assigned to | ||
any Organizational Unit is in excess of 90%, the value | ||
shall be adjusted to 90%. For Laboratory Schools, the | ||
Local Capacity Percentage shall be set at 10% in
| ||
recognition of the absence of EAV and resources from | ||
the public university that are allocated to
the | ||
Laboratory School. For programs operated by a regional | ||
office of education or an intermediate service center, | ||
the Local Capacity Percentage must be set at 10% in | ||
recognition of the absence of EAV and resources from | ||
school districts that are allocated to the regional | ||
office of education or intermediate service center. | ||
The weighted mean for the Local Capacity Percentage | ||
shall be determined by multiplying each Organizational |
Unit's Local Capacity Ratio times the ASE for the unit | ||
creating a weighted value, summing the weighted values | ||
of all Organizational Units, and dividing by the total | ||
ASE of all Organizational Units. The weighted standard | ||
deviation shall be determined by taking the square | ||
root of the weighted variance of all Organizational | ||
Units' Local Capacity Ratio, where the variance is | ||
calculated by squaring the difference between each | ||
unit's Local Capacity Ratio and the weighted mean, | ||
then multiplying the variance for each unit times the | ||
ASE for the unit to create a weighted variance for each | ||
unit, then summing all units' weighted variance and | ||
dividing by the total ASE of all units. | ||
(D) For any Organizational Unit, the | ||
Organizational Unit's Adjusted Local Capacity Target | ||
shall be reduced by either (i) the school board's | ||
remaining contribution pursuant to paragraph (ii) of | ||
subsection (b-4) of Section 16-158 of the Illinois | ||
Pension Code in a given year or (ii) the board of | ||
education's remaining contribution pursuant to | ||
paragraph (iv) of subsection (b) of Section 17-129 of | ||
the Illinois Pension Code absent the employer normal | ||
cost portion of the required contribution and amount | ||
allowed pursuant to subdivision (3) of Section | ||
17-142.1 of the Illinois Pension Code in a given year. | ||
In the preceding sentence, item (i) shall be certified |
to the State Board of Education by the Teachers' | ||
Retirement System of the State of Illinois and item | ||
(ii) shall be certified to the State Board of | ||
Education by the Public School Teachers' Pension and | ||
Retirement Fund of the City of Chicago. | ||
(3) If an Organizational Unit's Real Receipts are more | ||
than its Local Capacity Target, then its Local Capacity | ||
shall equal an Adjusted Local Capacity Target as | ||
calculated in accordance with this paragraph (3). The | ||
Adjusted Local Capacity Target is calculated as the sum of | ||
the Organizational Unit's Local Capacity Target and its | ||
Real Receipts Adjustment. The Real Receipts Adjustment | ||
equals the Organizational Unit's Real Receipts less its | ||
Local Capacity Target, with the resulting figure | ||
multiplied by the Local Capacity Percentage. | ||
As used in this paragraph (3), "Real Percent of | ||
Adequacy" means the sum of an Organizational Unit's Real | ||
Receipts, CPPRT, and Base Funding Minimum, with the | ||
resulting figure divided by the Organizational Unit's | ||
Adequacy Target. | ||
(d) Calculation of Real Receipts, EAV, and Adjusted EAV | ||
for purposes of the Local Capacity calculation. | ||
(1) An Organizational Unit's Real Receipts are the | ||
product of its Applicable Tax Rate and its Adjusted EAV. | ||
An Organizational Unit's Applicable Tax Rate is its | ||
Adjusted Operating Tax Rate for property within the |
Organizational Unit. | ||
(2) The State Superintendent shall calculate the | ||
equalized assessed valuation, or EAV, of all taxable | ||
property of each Organizational Unit as of September 30 of | ||
the previous year in accordance with paragraph (3) of this | ||
subsection (d). The State Superintendent shall then | ||
determine the Adjusted EAV of each Organizational Unit in | ||
accordance with paragraph (4) of this subsection (d), | ||
which Adjusted EAV figure shall be used for the purposes | ||
of calculating Local Capacity. | ||
(3) To calculate Real Receipts and EAV, the Department | ||
of Revenue shall supply to the State Superintendent the | ||
value as equalized or assessed by the Department of | ||
Revenue of all taxable property of every Organizational | ||
Unit, together with (i) the applicable tax rate used in | ||
extending taxes for the funds of the Organizational Unit | ||
as of September 30 of the previous year and (ii) the | ||
limiting rate for all Organizational Units subject to | ||
property tax extension limitations as imposed under PTELL. | ||
(A) The Department of Revenue shall add to the | ||
equalized assessed value of all taxable property of | ||
each Organizational Unit situated entirely or | ||
partially within a county that is or was subject to the | ||
provisions of Section 15-176 or 15-177 of the Property | ||
Tax Code (i) an amount equal to the total amount by | ||
which the homestead exemption allowed under Section |
15-176 or 15-177 of the Property Tax Code for real | ||
property situated in that Organizational Unit exceeds | ||
the total amount that would have been allowed in that | ||
Organizational Unit if the maximum reduction under | ||
Section 15-176 was (I) $4,500 in Cook County or $3,500 | ||
in all other counties in tax year 2003 or (II) $5,000 | ||
in all counties in tax year 2004 and thereafter and | ||
(ii) an amount equal to the aggregate amount for the | ||
taxable year of all additional exemptions under | ||
Section 15-175 of the Property Tax Code for owners | ||
with a household income of $30,000 or less. The county | ||
clerk of any county that is or was subject to the | ||
provisions of Section 15-176 or 15-177 of the Property | ||
Tax Code shall annually calculate and certify to the | ||
Department of Revenue for each Organizational Unit all | ||
homestead exemption amounts under Section 15-176 or | ||
15-177 of the Property Tax Code and all amounts of | ||
additional exemptions under Section 15-175 of the | ||
Property Tax Code for owners with a household income | ||
of $30,000 or less. It is the intent of this | ||
subparagraph (A) that if the general homestead | ||
exemption for a parcel of property is determined under | ||
Section 15-176 or 15-177 of the Property Tax Code | ||
rather than Section 15-175, then the calculation of | ||
EAV shall not be affected by the difference, if any, | ||
between the amount of the general homestead exemption |
allowed for that parcel of property under Section | ||
15-176 or 15-177 of the Property Tax Code and the | ||
amount that would have been allowed had the general | ||
homestead exemption for that parcel of property been | ||
determined under Section 15-175 of the Property Tax | ||
Code. It is further the intent of this subparagraph | ||
(A) that if additional exemptions are allowed under | ||
Section 15-175 of the Property Tax Code for owners | ||
with a household income of less than $30,000, then the | ||
calculation of EAV shall not be affected by the | ||
difference, if any, because of those additional | ||
exemptions. | ||
(B) With respect to any part of an Organizational | ||
Unit within a redevelopment project area in respect to | ||
which a municipality has adopted tax increment | ||
allocation financing pursuant to the Tax Increment | ||
Allocation Redevelopment Act, Division 74.4 of Article | ||
11 of the Illinois Municipal Code, or the Industrial | ||
Jobs Recovery Law, Division 74.6 of Article 11 of the | ||
Illinois Municipal Code, no part of the current EAV of | ||
real property located in any such project area that is | ||
attributable to an increase above the total initial | ||
EAV of such property shall be used as part of the EAV | ||
of the Organizational Unit, until such time as all | ||
redevelopment project costs have been paid, as | ||
provided in Section 11-74.4-8 of the Tax Increment |
Allocation Redevelopment Act or in Section 11-74.6-35 | ||
of the Industrial Jobs Recovery Law. For the purpose | ||
of the EAV of the Organizational Unit, the total | ||
initial EAV or the current EAV, whichever is lower, | ||
shall be used until such time as all redevelopment | ||
project costs have been paid. | ||
(B-5) The real property equalized assessed | ||
valuation for a school district shall be adjusted by | ||
subtracting from the real property value, as equalized | ||
or assessed by the Department of Revenue, for the | ||
district an amount computed by dividing the amount of | ||
any abatement of taxes under Section 18-170 of the | ||
Property Tax Code by 3.00% for a district maintaining | ||
grades kindergarten through 12, by 2.30% for a | ||
district maintaining grades kindergarten through 8, or | ||
by 1.05% for a district maintaining grades 9 through | ||
12 and adjusted by an amount computed by dividing the | ||
amount of any abatement of taxes under subsection (a) | ||
of Section 18-165 of the Property Tax Code by the same | ||
percentage rates for district type as specified in | ||
this subparagraph (B-5). | ||
(C) For Organizational Units that are Hybrid | ||
Districts, the State Superintendent shall use the | ||
lesser of the adjusted equalized assessed valuation | ||
for property within the partial elementary unit | ||
district for elementary purposes, as defined in |
Article 11E of this Code, or the adjusted equalized | ||
assessed valuation for property within the partial | ||
elementary unit district for high school purposes, as | ||
defined in Article 11E of this Code. | ||
(D) If a school district's boundaries span | ||
multiple counties, then the Department of Revenue | ||
shall send to the State Board, for the purposes of | ||
calculating Evidence-Based Funding, the limiting rate | ||
and individual rates by purpose for the county that | ||
contains the majority of the school district's | ||
equalized assessed valuation. | ||
(4) An Organizational Unit's Adjusted EAV shall be the | ||
average of its EAV over the immediately preceding 3 years | ||
or the lesser of its EAV in the immediately preceding year | ||
or the average of its EAV over the immediately preceding 3 | ||
years if the EAV in the immediately preceding year has | ||
declined by 10% or more when comparing the 2 most recent | ||
years. In the event of Organizational Unit reorganization, | ||
consolidation, or annexation, the Organizational Unit's | ||
Adjusted EAV for the first 3 years after such change shall | ||
be as follows: the most current EAV shall be used in the | ||
first year, the average of a 2-year EAV or its EAV in the | ||
immediately preceding year if the EAV declines by 10% or | ||
more when comparing the 2 most recent years for the second | ||
year, and the lesser of a 3-year average EAV or its EAV in | ||
the immediately preceding year if the Adjusted EAV |
declines by 10% or more when comparing the 2 most recent | ||
years for the third year. For any school district whose | ||
EAV in the immediately preceding year is used in | ||
calculations, in the following year, the Adjusted EAV | ||
shall be the average of its EAV over the immediately | ||
preceding 2 years or the immediately preceding year if | ||
that year represents a decline of 10% or more when | ||
comparing the 2 most recent years. | ||
"PTELL EAV" means a figure calculated by the State | ||
Board for Organizational Units subject to PTELL as | ||
described in this paragraph (4) for the purposes of | ||
calculating an Organizational Unit's Local Capacity Ratio. | ||
Except as otherwise provided in this paragraph (4), the | ||
PTELL EAV of an Organizational Unit shall be equal to the | ||
product of the equalized assessed valuation last used in | ||
the calculation of general State aid under Section 18-8.05 | ||
of this Code (now repealed) or Evidence-Based Funding | ||
under this Section and the Organizational Unit's Extension | ||
Limitation Ratio. If an Organizational Unit has approved | ||
or does approve an increase in its limiting rate, pursuant | ||
to Section 18-190 of the Property Tax Code, affecting the | ||
Base Tax Year, the PTELL EAV shall be equal to the product | ||
of the equalized assessed valuation last used in the | ||
calculation of general State aid under Section 18-8.05 of | ||
this Code (now repealed) or Evidence-Based Funding under | ||
this Section multiplied by an amount equal to one plus the |
percentage increase, if any, in the Consumer Price Index | ||
for All Urban Consumers for all items published by the | ||
United States Department of Labor for the 12-month | ||
calendar year preceding the Base Tax Year, plus the | ||
equalized assessed valuation of new property, annexed | ||
property, and recovered tax increment value and minus the | ||
equalized assessed valuation of disconnected property. | ||
As used in this paragraph (4), "new property" and | ||
"recovered tax increment value" shall have the meanings | ||
set forth in the Property Tax Extension Limitation Law. | ||
(e) Base Funding Minimum calculation. | ||
(1) For the 2017-2018 school year, the Base Funding | ||
Minimum of an Organizational Unit or a Specially Funded | ||
Unit shall be the amount of State funds distributed to the | ||
Organizational Unit or Specially Funded Unit during the | ||
2016-2017 school year prior to any adjustments and | ||
specified appropriation amounts described in this | ||
paragraph (1) from the following Sections, as calculated | ||
by the State Superintendent: Section 18-8.05 of this Code | ||
(now repealed); Section 5 of Article 224 of Public Act | ||
99-524 (equity grants); Section 14-7.02b of this Code | ||
(funding for children requiring special education | ||
services); Section 14-13.01 of this Code (special | ||
education facilities and staffing), except for | ||
reimbursement of the cost of transportation pursuant to | ||
Section 14-13.01; Section 14C-12 of this Code (English |
learners); and Section 18-4.3 of this Code (summer | ||
school), based on an appropriation level of $13,121,600. | ||
For a school district organized under Article 34 of this | ||
Code, the Base Funding Minimum also includes (i) the funds | ||
allocated to the school district pursuant to Section 1D-1 | ||
of this Code attributable to funding programs authorized | ||
by the Sections of this Code listed in the preceding | ||
sentence and (ii) the difference between (I) the funds | ||
allocated to the school district pursuant to Section 1D-1 | ||
of this Code attributable to the funding programs | ||
authorized by Section 14-7.02 (non-public special | ||
education reimbursement), subsection (b) of Section | ||
14-13.01 (special education transportation), Section 29-5 | ||
(transportation), Section 2-3.80 (agricultural | ||
education), Section 2-3.66 (truants' alternative | ||
education), Section 2-3.62 (educational service centers), | ||
and Section 14-7.03 (special education - orphanage) of | ||
this Code and Section 15 of the Childhood Hunger Relief | ||
Act (free breakfast program) and (II) the school | ||
district's actual expenditures for its non-public special | ||
education, special education transportation, | ||
transportation programs, agricultural education, truants' | ||
alternative education, services that would otherwise be | ||
performed by a regional office of education, special | ||
education orphanage expenditures, and free breakfast, as | ||
most recently calculated and reported pursuant to |
subsection (f) of Section 1D-1 of this Code. The Base | ||
Funding Minimum for Glenwood Academy shall be $952,014 | ||
$625,500 . For programs operated by a regional office of | ||
education or an intermediate service center, the Base | ||
Funding Minimum must be the total amount of State funds | ||
allocated to those programs in the 2018-2019 school year | ||
and amounts provided pursuant to Article 34 of Public Act | ||
100-586 and Section 3-16 of this Code. All programs | ||
established after June 5, 2019 (the effective date of | ||
Public Act 101-10) and administered by a regional office | ||
of education or an intermediate service center must have | ||
an initial Base Funding Minimum set to an amount equal to | ||
the first-year ASE multiplied by the amount of per pupil | ||
funding received in the previous school year by the lowest | ||
funded similar existing program type. If the enrollment | ||
for a program operated by a regional office of education | ||
or an intermediate service center is zero, then it may not | ||
receive Base Funding Minimum funds for that program in the | ||
next fiscal year, and those funds must be distributed to | ||
Organizational Units under subsection (g). | ||
(2) For the 2018-2019 and subsequent school years, the | ||
Base Funding Minimum of Organizational Units and Specially | ||
Funded Units shall be the sum of (i) the amount of | ||
Evidence-Based Funding for the prior school year, (ii) the | ||
Base Funding Minimum for the prior school year, and (iii) | ||
any amount received by a school district pursuant to |
Section 7 of Article 97 of Public Act 100-21. | ||
For the 2022-2023 school year, the Base Funding | ||
Minimum of Organizational Units shall be the amounts | ||
recalculated by the State Board of Education for Fiscal | ||
Year 2019 through Fiscal Year 2022 that were necessary due | ||
to average student enrollment errors for districts | ||
organized under Article 34 of this Code, plus the Fiscal | ||
Year 2022 property tax relief grants provided under | ||
Section 2-3.170 of this Code, ensuring each Organizational | ||
Unit has the correct amount of resources for Fiscal Year | ||
2023 Evidence-Based Funding calculations and that Fiscal | ||
Year 2023 Evidence-Based Funding Distributions are made in | ||
accordance with this Section. | ||
(3) Subject to approval by the General Assembly as | ||
provided in this paragraph (3), an Organizational Unit | ||
that meets all of the following criteria, as determined by | ||
the State Board, shall have District Intervention Money | ||
added to its Base Funding Minimum at the time the Base | ||
Funding Minimum is calculated by the State Board: | ||
(A) The Organizational Unit is operating under an | ||
Independent Authority under Section 2-3.25f-5 of this | ||
Code for a minimum of 4 school years or is subject to | ||
the control of the State Board pursuant to a court | ||
order for a minimum of 4 school years. | ||
(B) The Organizational Unit was designated as a | ||
Tier 1 or Tier 2 Organizational Unit in the previous |
school year under paragraph (3) of subsection (g) of | ||
this Section. | ||
(C) The Organizational Unit demonstrates | ||
sustainability through a 5-year financial and | ||
strategic plan. | ||
(D) The Organizational Unit has made sufficient | ||
progress and achieved sufficient stability in the | ||
areas of governance, academic growth, and finances. | ||
As part of its determination under this paragraph (3), | ||
the State Board may consider the Organizational Unit's | ||
summative designation, any accreditations of the | ||
Organizational Unit, or the Organizational Unit's | ||
financial profile, as calculated by the State Board. | ||
If the State Board determines that an Organizational | ||
Unit has met the criteria set forth in this paragraph (3), | ||
it must submit a report to the General Assembly, no later | ||
than January 2 of the fiscal year in which the State Board | ||
makes it determination, on the amount of District | ||
Intervention Money to add to the Organizational Unit's | ||
Base Funding Minimum. The General Assembly must review the | ||
State Board's report and may approve or disapprove, by | ||
joint resolution, the addition of District Intervention | ||
Money. If the General Assembly fails to act on the report | ||
within 40 calendar days from the receipt of the report, | ||
the addition of District Intervention Money is deemed | ||
approved. If the General Assembly approves the amount of |
District Intervention Money to be added to the | ||
Organizational Unit's Base Funding Minimum, the District | ||
Intervention Money must be added to the Base Funding | ||
Minimum annually thereafter. | ||
For the first 4 years following the initial year that | ||
the State Board determines that an Organizational Unit has | ||
met the criteria set forth in this paragraph (3) and has | ||
received funding under this Section, the Organizational | ||
Unit must annually submit to the State Board, on or before | ||
November 30, a progress report regarding its financial and | ||
strategic plan under subparagraph (C) of this paragraph | ||
(3). The plan shall include the financial data from the | ||
past 4 annual financial reports or financial audits that | ||
must be presented to the State Board by November 15 of each | ||
year and the approved budget financial data for the | ||
current year. The plan shall be developed according to the | ||
guidelines presented to the Organizational Unit by the | ||
State Board. The plan shall further include financial | ||
projections for the next 3 fiscal years and include a | ||
discussion and financial summary of the Organizational | ||
Unit's facility needs. If the Organizational Unit does not | ||
demonstrate sufficient progress toward its 5-year plan or | ||
if it has failed to file an annual financial report, an | ||
annual budget, a financial plan, a deficit reduction plan, | ||
or other financial information as required by law, the | ||
State Board may establish a Financial Oversight Panel |
under Article 1H of this Code. However, if the | ||
Organizational Unit already has a Financial Oversight | ||
Panel, the State Board may extend the duration of the | ||
Panel. | ||
(f) Percent of Adequacy and Final Resources calculation. | ||
(1) The Evidence-Based Funding formula establishes a | ||
Percent of Adequacy for each Organizational Unit in order | ||
to place such units into tiers for the purposes of the | ||
funding distribution system described in subsection (g) of | ||
this Section. Initially, an Organizational Unit's | ||
Preliminary Resources and Preliminary Percent of Adequacy | ||
are calculated pursuant to paragraph (2) of this | ||
subsection (f). Then, an Organizational Unit's Final | ||
Resources and Final Percent of Adequacy are calculated to | ||
account for the Organizational Unit's poverty | ||
concentration levels pursuant to paragraphs (3) and (4) of | ||
this subsection (f). | ||
(2) An Organizational Unit's Preliminary Resources are | ||
equal to the sum of its Local Capacity Target, CPPRT, and | ||
Base Funding Minimum. An Organizational Unit's Preliminary | ||
Percent of Adequacy is the lesser of (i) its Preliminary | ||
Resources divided by its Adequacy Target or (ii) 100%. | ||
(3) Except for Specially Funded Units, an | ||
Organizational Unit's Final Resources are equal to the sum | ||
of its Local Capacity, CPPRT, and Adjusted Base Funding | ||
Minimum. The Base Funding Minimum of each Specially Funded |
Unit shall serve as its Final Resources, except that the | ||
Base Funding Minimum for State-approved charter schools | ||
shall not include any portion of general State aid | ||
allocated in the prior year based on the per capita | ||
tuition charge times the charter school enrollment. | ||
(4) An Organizational Unit's Final Percent of Adequacy | ||
is its Final Resources divided by its Adequacy Target. An | ||
Organizational Unit's Adjusted Base Funding Minimum is | ||
equal to its Base Funding Minimum less its Supplemental | ||
Grant Funding, with the resulting figure added to the | ||
product of its Supplemental Grant Funding and Preliminary | ||
Percent of Adequacy. | ||
(g) Evidence-Based Funding formula distribution system. | ||
(1) In each school year under the Evidence-Based | ||
Funding formula, each Organizational Unit receives funding | ||
equal to the sum of its Base Funding Minimum and the unit's | ||
allocation of New State Funds determined pursuant to this | ||
subsection (g). To allocate New State Funds, the | ||
Evidence-Based Funding formula distribution system first | ||
places all Organizational Units into one of 4 tiers in | ||
accordance with paragraph (3) of this subsection (g), | ||
based on the Organizational Unit's Final Percent of | ||
Adequacy. New State Funds are allocated to each of the 4 | ||
tiers as follows: Tier 1 Aggregate Funding equals 50% of | ||
all New State Funds, Tier 2 Aggregate Funding equals 49% | ||
of all New State Funds, Tier 3 Aggregate Funding equals |
0.9% of all New State Funds, and Tier 4 Aggregate Funding | ||
equals 0.1% of all New State Funds. Each Organizational | ||
Unit within Tier 1 or Tier 2 receives an allocation of New | ||
State Funds equal to its tier Funding Gap, as defined in | ||
the following sentence, multiplied by the tier's | ||
Allocation Rate determined pursuant to paragraph (4) of | ||
this subsection (g). For Tier 1, an Organizational Unit's | ||
Funding Gap equals the tier's Target Ratio, as specified | ||
in paragraph (5) of this subsection (g), multiplied by the | ||
Organizational Unit's Adequacy Target, with the resulting | ||
amount reduced by the Organizational Unit's Final | ||
Resources. For Tier 2, an Organizational Unit's Funding | ||
Gap equals the tier's Target Ratio, as described in | ||
paragraph (5) of this subsection (g), multiplied by the | ||
Organizational Unit's Adequacy Target, with the resulting | ||
amount reduced by the Organizational Unit's Final | ||
Resources and its Tier 1 funding allocation. To determine | ||
the Organizational Unit's Funding Gap, the resulting | ||
amount is then multiplied by a factor equal to one minus | ||
the Organizational Unit's Local Capacity Target | ||
percentage. Each Organizational Unit within Tier 3 or Tier | ||
4 receives an allocation of New State Funds equal to the | ||
product of its Adequacy Target and the tier's Allocation | ||
Rate, as specified in paragraph (4) of this subsection | ||
(g). | ||
(2) To ensure equitable distribution of dollars for |
all Tier 2 Organizational Units, no Tier 2 Organizational | ||
Unit shall receive fewer dollars per ASE than any Tier 3 | ||
Organizational Unit. Each Tier 2 and Tier 3 Organizational | ||
Unit shall have its funding allocation divided by its ASE. | ||
Any Tier 2 Organizational Unit with a funding allocation | ||
per ASE below the greatest Tier 3 allocation per ASE shall | ||
get a funding allocation equal to the greatest Tier 3 | ||
funding allocation per ASE multiplied by the | ||
Organizational Unit's ASE. Each Tier 2 Organizational | ||
Unit's Tier 2 funding allocation shall be multiplied by | ||
the percentage calculated by dividing the original Tier 2 | ||
Aggregate Funding by the sum of all Tier 2 Organizational | ||
Units' Tier 2 funding allocation after adjusting | ||
districts' funding below Tier 3 levels. | ||
(3) Organizational Units are placed into one of 4 | ||
tiers as follows: | ||
(A) Tier 1 consists of all Organizational Units, | ||
except for Specially Funded Units, with a Percent of | ||
Adequacy less than the Tier 1 Target Ratio. The Tier 1 | ||
Target Ratio is the ratio level that allows for Tier 1 | ||
Aggregate Funding to be distributed, with the Tier 1 | ||
Allocation Rate determined pursuant to paragraph (4) | ||
of this subsection (g). | ||
(B) Tier 2 consists of all Tier 1 Units and all | ||
other Organizational Units, except for Specially | ||
Funded Units, with a Percent of Adequacy of less than |
0.90. | ||
(C) Tier 3 consists of all Organizational Units, | ||
except for Specially Funded Units, with a Percent of | ||
Adequacy of at least 0.90 and less than 1.0. | ||
(D) Tier 4 consists of all Organizational Units | ||
with a Percent of Adequacy of at least 1.0. | ||
(4) The Allocation Rates for Tiers 1 through 4 are | ||
determined as follows: | ||
(A) The Tier 1 Allocation Rate is 30%. | ||
(B) The Tier 2 Allocation Rate is the result of the | ||
following equation: Tier 2 Aggregate Funding, divided | ||
by the sum of the Funding Gaps for all Tier 2 | ||
Organizational Units, unless the result of such | ||
equation is higher than 1.0. If the result of such | ||
equation is higher than 1.0, then the Tier 2 | ||
Allocation Rate is 1.0. | ||
(C) The Tier 3 Allocation Rate is the result of the | ||
following equation: Tier 3
Aggregate Funding, divided | ||
by the sum of the Adequacy Targets of all Tier 3 | ||
Organizational
Units. | ||
(D) The Tier 4 Allocation Rate is the result of the | ||
following equation: Tier 4
Aggregate Funding, divided | ||
by the sum of the Adequacy Targets of all Tier 4 | ||
Organizational
Units. | ||
(5) A tier's Target Ratio is determined as follows: | ||
(A) The Tier 1 Target Ratio is the ratio level that |
allows for Tier 1 Aggregate Funding to be distributed | ||
with the Tier 1 Allocation Rate. | ||
(B) The Tier 2 Target Ratio is 0.90. | ||
(C) The Tier 3 Target Ratio is 1.0. | ||
(6) If, at any point, the Tier 1 Target Ratio is | ||
greater than 90%, then all Tier 1 funding shall be | ||
allocated to Tier 2 and no Tier 1 Organizational Unit's | ||
funding may be identified. | ||
(7) In the event that all Tier 2 Organizational Units | ||
receive funding at the Tier 2 Target Ratio level, any | ||
remaining New State Funds shall be allocated to Tier 3 and | ||
Tier 4 Organizational Units. | ||
(8) If any Specially Funded Units, excluding Glenwood | ||
Academy, recognized by the State Board do not qualify for | ||
direct funding following the implementation of Public Act | ||
100-465 from any of the funding sources included within | ||
the definition of Base Funding Minimum, the unqualified | ||
portion of the Base Funding Minimum shall be transferred | ||
to one or more appropriate Organizational Units as | ||
determined by the State Superintendent based on the prior | ||
year ASE of the Organizational Units. | ||
(8.5) If a school district withdraws from a special | ||
education cooperative, the portion of the Base Funding | ||
Minimum that is attributable to the school district may be | ||
redistributed to the school district upon withdrawal. The | ||
school district and the cooperative must include the |
amount of the Base Funding Minimum that is to be | ||
reapportioned in their withdrawal agreement and notify the | ||
State Board of the change with a copy of the agreement upon | ||
withdrawal. | ||
(9) The Minimum Funding Level is intended to establish | ||
a target for State funding that will keep pace with | ||
inflation and continue to advance equity through the | ||
Evidence-Based Funding formula. The target for State | ||
funding of New Property Tax Relief Pool Funds is | ||
$50,000,000 for State fiscal year 2019 and subsequent | ||
State fiscal years. The Minimum Funding Level is equal to | ||
$350,000,000. In addition to any New State Funds, no more | ||
than $50,000,000 New Property Tax Relief Pool Funds may be | ||
counted toward the Minimum Funding Level. If the sum of | ||
New State Funds and applicable New Property Tax Relief | ||
Pool Funds are less than the Minimum Funding Level, than | ||
funding for tiers shall be reduced in the following | ||
manner: | ||
(A) First, Tier 4 funding shall be reduced by an | ||
amount equal to the difference between the Minimum | ||
Funding Level and New State Funds until such time as | ||
Tier 4 funding is exhausted. | ||
(B) Next, Tier 3 funding shall be reduced by an | ||
amount equal to the difference between the Minimum | ||
Funding Level and New State Funds and the reduction in | ||
Tier 4 funding until such time as Tier 3 funding is |
exhausted. | ||
(C) Next, Tier 2 funding shall be reduced by an | ||
amount equal to the difference between the Minimum | ||
Funding Level and New State Funds and the reduction in | ||
Tier 4 and Tier 3. | ||
(D) Finally, Tier 1 funding shall be reduced by an | ||
amount equal to the difference between the Minimum | ||
Funding level and New State Funds and the reduction in | ||
Tier 2, 3, and 4 funding. In addition, the Allocation | ||
Rate for Tier 1 shall be reduced to a percentage equal | ||
to the Tier 1 Allocation Rate set by paragraph (4) of | ||
this subsection (g), multiplied by the result of New | ||
State Funds divided by the Minimum Funding Level. | ||
(9.5) For State fiscal year 2019 and subsequent State | ||
fiscal years, if New State Funds exceed $300,000,000, then | ||
any amount in excess of $300,000,000 shall be dedicated | ||
for purposes of Section 2-3.170 of this Code up to a | ||
maximum of $50,000,000. | ||
(10) In the event of a decrease in the amount of the | ||
appropriation for this Section in any fiscal year after | ||
implementation of this Section, the Organizational Units | ||
receiving Tier 1 and Tier 2 funding, as determined under | ||
paragraph (3) of this subsection (g), shall be held | ||
harmless by establishing a Base Funding Guarantee equal to | ||
the per pupil kindergarten through grade 12 funding | ||
received in accordance with this Section in the prior |
fiscal year. Reductions shall be
made to the Base Funding | ||
Minimum of Organizational Units in Tier 3 and Tier 4 on a
| ||
per pupil basis equivalent to the total number of the ASE | ||
in Tier 3-funded and Tier 4-funded Organizational Units | ||
divided by the total reduction in State funding. The Base
| ||
Funding Minimum as reduced shall continue to be applied to | ||
Tier 3 and Tier 4
Organizational Units and adjusted by the | ||
relative formula when increases in
appropriations for this | ||
Section resume. In no event may State funding reductions | ||
to
Organizational Units in Tier 3 or Tier 4 exceed an | ||
amount that would be less than the
Base Funding Minimum | ||
established in the first year of implementation of this
| ||
Section. If additional reductions are required, all school | ||
districts shall receive a
reduction by a per pupil amount | ||
equal to the aggregate additional appropriation
reduction | ||
divided by the total ASE of all Organizational Units. | ||
(11) The State Superintendent shall make minor | ||
adjustments to the distribution formula set forth in this | ||
subsection (g) to account for the rounding of percentages | ||
to the nearest tenth of a percentage and dollar amounts to | ||
the nearest whole dollar. | ||
(h) State Superintendent administration of funding and | ||
district submission requirements. | ||
(1) The State Superintendent shall, in accordance with | ||
appropriations made by the General Assembly, meet the | ||
funding obligations created under this Section. |
(2) The State Superintendent shall calculate the | ||
Adequacy Target for each Organizational Unit under this | ||
Section. No Evidence-Based Funding shall be distributed | ||
within an Organizational Unit without the approval of the | ||
unit's school board. | ||
(3) Annually, the State Superintendent shall calculate | ||
and report to each Organizational Unit the unit's | ||
aggregate financial adequacy amount, which shall be the | ||
sum of the Adequacy Target for each Organizational Unit. | ||
The State Superintendent shall calculate and report | ||
separately for each Organizational Unit the unit's total | ||
State funds allocated for its students with disabilities. | ||
The State Superintendent shall calculate and report | ||
separately for each Organizational Unit the amount of | ||
funding and applicable FTE calculated for each Essential | ||
Element of the unit's Adequacy Target. | ||
(4) Annually, the State Superintendent shall calculate | ||
and report to each Organizational Unit the amount the unit | ||
must expend on special education and bilingual education | ||
and computer technology and equipment for Organizational | ||
Units assigned to Tier 1 or Tier 2 that received an | ||
additional $285.50 per student computer technology and | ||
equipment investment grant to their Adequacy Target | ||
pursuant to the unit's Base Funding Minimum, Special | ||
Education Allocation, Bilingual Education Allocation, and | ||
computer technology and equipment investment allocation. |
(5) Moneys distributed under this Section shall be | ||
calculated on a school year basis, but paid on a fiscal | ||
year basis, with payments beginning in August and | ||
extending through June. Unless otherwise provided, the | ||
moneys appropriated for each fiscal year shall be | ||
distributed in 22 equal payments at least 2 times monthly | ||
to each Organizational Unit. If moneys appropriated for | ||
any fiscal year are distributed other than monthly, the | ||
distribution shall be on the same basis for each | ||
Organizational Unit. | ||
(6) Any school district that fails, for any given | ||
school year, to maintain school as required by law or to | ||
maintain a recognized school is not eligible to receive | ||
Evidence-Based Funding. In case of non-recognition of one | ||
or more attendance centers in a school district otherwise | ||
operating recognized schools, the claim of the district | ||
shall be reduced in the proportion that the enrollment in | ||
the attendance center or centers bears to the enrollment | ||
of the school district. "Recognized school" means any | ||
public school that meets the standards for recognition by | ||
the State Board. A school district or attendance center | ||
not having recognition status at the end of a school term | ||
is entitled to receive State aid payments due upon a legal | ||
claim that was filed while it was recognized. | ||
(7) School district claims filed under this Section | ||
are subject to Sections 18-9 and 18-12 of this Code, |
except as otherwise provided in this Section. | ||
(8) Each fiscal year, the State Superintendent shall | ||
calculate for each Organizational Unit an amount of its | ||
Base Funding Minimum and Evidence-Based Funding that shall | ||
be deemed attributable to the provision of special | ||
educational facilities and services, as defined in Section | ||
14-1.08 of this Code, in a manner that ensures compliance | ||
with maintenance of State financial support requirements | ||
under the federal Individuals with Disabilities Education | ||
Act. An Organizational Unit must use such funds only for | ||
the provision of special educational facilities and | ||
services, as defined in Section 14-1.08 of this Code, and | ||
must comply with any expenditure verification procedures | ||
adopted by the State Board. | ||
(9) All Organizational Units in this State must submit | ||
annual spending plans by the end of September of each year | ||
to the State Board as part of the annual budget process, | ||
which shall describe how each Organizational Unit will | ||
utilize the Base Funding Minimum and Evidence-Based | ||
Funding it receives from this State under this Section | ||
with specific identification of the intended utilization | ||
of Low-Income, English learner, and special education | ||
resources. Additionally, the annual spending plans of each | ||
Organizational Unit shall describe how the Organizational | ||
Unit expects to achieve student growth and how the | ||
Organizational Unit will achieve State education goals, as |
defined by the State Board. The State Superintendent may, | ||
from time to time, identify additional requisites for | ||
Organizational Units to satisfy when compiling the annual | ||
spending plans required under this subsection (h). The | ||
format and scope of annual spending plans shall be | ||
developed by the State Superintendent and the State Board | ||
of Education. School districts that serve students under | ||
Article 14C of this Code shall continue to submit | ||
information as required under Section 14C-12 of this Code. | ||
(10) No later than January 1, 2018, the State | ||
Superintendent shall develop a 5-year strategic plan for | ||
all Organizational Units to help in planning for adequacy | ||
funding under this Section. The State Superintendent shall | ||
submit the plan to the Governor and the General Assembly, | ||
as provided in Section 3.1 of the General Assembly | ||
Organization Act. The plan shall include recommendations | ||
for: | ||
(A) a framework for collaborative, professional, | ||
innovative, and 21st century learning environments | ||
using the Evidence-Based Funding model; | ||
(B) ways to prepare and support this State's | ||
educators for successful instructional careers; | ||
(C) application and enhancement of the current | ||
financial accountability measures, the approved State | ||
plan to comply with the federal Every Student Succeeds | ||
Act, and the Illinois Balanced Accountability Measures |
in relation to student growth and elements of the | ||
Evidence-Based Funding model; and | ||
(D) implementation of an effective school adequacy | ||
funding system based on projected and recommended | ||
funding levels from the General Assembly. | ||
(11) On an annual basis, the State Superintendent
must | ||
recalibrate all of the following per pupil elements of the | ||
Adequacy Target and applied to the formulas, based on the | ||
study of average expenses and as reported in the most | ||
recent annual financial report: | ||
(A) Gifted under subparagraph (M) of paragraph
(2) | ||
of subsection (b). | ||
(B) Instructional materials under subparagraph
(O) | ||
of paragraph (2) of subsection (b). | ||
(C) Assessment under subparagraph (P) of
paragraph | ||
(2) of subsection (b). | ||
(D) Student activities under subparagraph (R) of
| ||
paragraph (2) of subsection (b). | ||
(E) Maintenance and operations under subparagraph
| ||
(S) of paragraph (2) of subsection (b). | ||
(F) Central office under subparagraph (T) of
| ||
paragraph (2) of subsection (b). | ||
(i) Professional Review Panel. | ||
(1) A Professional Review Panel is created to study | ||
and review topics related to the implementation and effect | ||
of Evidence-Based Funding, as assigned by a joint |
resolution or Public Act of the General Assembly or a | ||
motion passed by the State Board of Education. The Panel | ||
must provide recommendations to and serve the Governor, | ||
the General Assembly, and the State Board. The State | ||
Superintendent or his or her designee must serve as a | ||
voting member and chairperson of the Panel. The State | ||
Superintendent must appoint a vice chairperson from the | ||
membership of the Panel. The Panel must advance | ||
recommendations based on a three-fifths majority vote of | ||
Panel members present and voting. A minority opinion may | ||
also accompany any recommendation of the Panel. The Panel | ||
shall be appointed by the State Superintendent, except as | ||
otherwise provided in paragraph (2) of this subsection (i) | ||
and include the following members: | ||
(A) Two appointees that represent district | ||
superintendents, recommended by a statewide | ||
organization that represents district superintendents. | ||
(B) Two appointees that represent school boards, | ||
recommended by a statewide organization that | ||
represents school boards. | ||
(C) Two appointees from districts that represent | ||
school business officials, recommended by a statewide | ||
organization that represents school business | ||
officials. | ||
(D) Two appointees that represent school | ||
principals, recommended by a statewide organization |
that represents school principals. | ||
(E) Two appointees that represent teachers, | ||
recommended by a statewide organization that | ||
represents teachers. | ||
(F) Two appointees that represent teachers, | ||
recommended by another statewide organization that | ||
represents teachers. | ||
(G) Two appointees that represent regional | ||
superintendents of schools, recommended by | ||
organizations that represent regional superintendents. | ||
(H) Two independent experts selected solely by the | ||
State Superintendent. | ||
(I) Two independent experts recommended by public | ||
universities in this State. | ||
(J) One member recommended by a statewide | ||
organization that represents parents. | ||
(K) Two representatives recommended by collective | ||
impact organizations that represent major metropolitan | ||
areas or geographic areas in Illinois. | ||
(L) One member from a statewide organization | ||
focused on research-based education policy to support | ||
a school system that prepares all students for | ||
college, a career, and democratic citizenship. | ||
(M) One representative from a school district | ||
organized under Article 34 of this Code. | ||
The State Superintendent shall ensure that the |
membership of the Panel includes representatives from | ||
school districts and communities reflecting the | ||
geographic, socio-economic, racial, and ethnic diversity | ||
of this State. The State Superintendent shall additionally | ||
ensure that the membership of the Panel includes | ||
representatives with expertise in bilingual education and | ||
special education. Staff from the State Board shall staff | ||
the Panel. | ||
(2) In addition to those Panel members appointed by | ||
the State Superintendent, 4 members of the General | ||
Assembly shall be appointed as follows: one member of the | ||
House of Representatives appointed by the Speaker of the | ||
House of Representatives, one member of the Senate | ||
appointed by the President of the Senate, one member of | ||
the House of Representatives appointed by the Minority | ||
Leader of the House of Representatives, and one member of | ||
the Senate appointed by the Minority Leader of the Senate. | ||
There shall be one additional member appointed by the | ||
Governor. All members appointed by legislative leaders or | ||
the Governor shall be non-voting, ex officio members. | ||
(3) The Panel must study topics at the direction of | ||
the General Assembly or State Board of Education, as | ||
provided under paragraph (1). The Panel may also study the | ||
following topics at the direction of the chairperson: | ||
(A) The format and scope of annual spending plans | ||
referenced in paragraph (9) of subsection (h) of this |
Section. | ||
(B) The Comparable Wage Index under this Section. | ||
(C) Maintenance and operations, including capital | ||
maintenance and construction costs. | ||
(D) "At-risk student" definition. | ||
(E) Benefits. | ||
(F) Technology. | ||
(G) Local Capacity Target. | ||
(H) Funding for Alternative Schools, Laboratory | ||
Schools, safe schools, and alternative learning | ||
opportunities programs. | ||
(I) Funding for college and career acceleration | ||
strategies. | ||
(J) Special education investments. | ||
(K) Early childhood investments, in collaboration | ||
with the Illinois Early Learning Council. | ||
(4) (Blank). | ||
(5) Within 5 years after the implementation of this | ||
Section, and every 5 years thereafter, the Panel shall | ||
complete an evaluative study of the entire Evidence-Based | ||
Funding model, including an assessment of whether or not | ||
the formula is achieving State goals. The Panel shall | ||
report to the State Board, the General Assembly, and the | ||
Governor on the findings of the study. | ||
(6) (Blank). | ||
(7) To ensure that (i) the Adequacy Target calculation |
under subsection (b) accurately reflects the needs of | ||
students living in poverty or attending schools located in | ||
areas of high poverty, (ii) racial equity within the | ||
Evidence-Based Funding formula is explicitly explored and | ||
advanced, and (iii) the funding goals of the formula | ||
distribution system established under this Section are | ||
sufficient to provide adequate funding for every student | ||
and to fully fund every school in this State, the Panel | ||
shall review the Essential Elements under paragraph (2) of | ||
subsection (b). The Panel shall consider all of the | ||
following in its review: | ||
(A) The financial ability of school districts to | ||
provide instruction in a foreign language to every | ||
student and whether an additional Essential Element | ||
should be added to the formula to ensure that every | ||
student has access to instruction in a foreign | ||
language. | ||
(B) The adult-to-student ratio for each Essential | ||
Element in which a ratio is identified. The Panel | ||
shall consider whether the ratio accurately reflects | ||
the staffing needed to support students living in | ||
poverty or who have traumatic backgrounds. | ||
(C) Changes to the Essential Elements that may be | ||
required to better promote racial equity and eliminate | ||
structural racism within schools. | ||
(D) The impact of investing $350,000,000 in |
additional funds each year under this Section and an | ||
estimate of when the school system will become fully | ||
funded under this level of appropriation. | ||
(E) Provide an overview of alternative funding | ||
structures that would enable the State to become fully | ||
funded at an earlier date. | ||
(F) The potential to increase efficiency and to | ||
find cost savings within the school system to expedite | ||
the journey to a fully funded system. | ||
(G) The appropriate levels for reenrolling and | ||
graduating high-risk high school students who have | ||
been previously out of school. These outcomes shall | ||
include enrollment, attendance, skill gains, credit | ||
gains, graduation or promotion to the next grade | ||
level, and the transition to college, training, or | ||
employment, with an emphasis on progressively | ||
increasing the overall attendance. | ||
(H) The evidence-based or research-based practices | ||
that are shown to reduce the gaps and disparities | ||
experienced by African American students in academic | ||
achievement and educational performance, including | ||
practices that have been shown to reduce disparities | ||
in disciplinary rates, drop-out rates, graduation | ||
rates, college matriculation rates, and college | ||
completion rates. | ||
On or before December 31, 2021, the Panel shall report |
to the State Board, the General Assembly, and the Governor | ||
on the findings of its review. This paragraph (7) is | ||
inoperative on and after July 1, 2022. | ||
(8) On or before April 1, 2024, the Panel must submit a | ||
report to the General Assembly on annual adjustments to | ||
Glenwood Academy's base-funding minimum in a similar | ||
fashion to school districts under this Section. | ||
(j) References. Beginning July 1, 2017, references in | ||
other laws to general State aid funds or calculations under | ||
Section 18-8.05 of this Code (now repealed) shall be deemed to | ||
be references to evidence-based model formula funds or | ||
calculations under this Section. | ||
(Source: P.A. 101-10, eff. 6-5-19; 101-17, eff. 6-14-19; | ||
101-643, eff. 6-18-20; 101-654, eff. 3-8-21; 102-33, eff. | ||
6-25-21; 102-197, eff. 7-30-21; 102-558, eff. 8-20-21; | ||
102-699, eff. 4-19-22; 102-782, eff. 1-1-23; 102-813, eff. | ||
5-13-22; 102-894, eff. 5-20-22; revised 12-13-22.)
| ||
(105 ILCS 5/27-23.1) (from Ch. 122, par. 27-23.1)
| ||
Sec. 27-23.1. Parenting education. | ||
(a) The State Board of Education must assist each school | ||
district that offers an evidence-based parenting education | ||
model. School districts may provide
instruction in parenting | ||
education for grades 6 through 12 and include such
instruction | ||
in the courses of study regularly taught therein.
School | ||
districts may give regular school credit for satisfactory |
completion
by the student of such courses.
| ||
As used in this subsection (a), "parenting education" | ||
means and includes
instruction in the following:
| ||
(1) Child growth and development, including prenatal | ||
development.
| ||
(2) Childbirth and child care.
| ||
(3) Family structure, function and management.
| ||
(4) Prenatal and postnatal care for mothers and | ||
infants.
| ||
(5) Prevention of child abuse.
| ||
(6) The physical, mental, emotional, social, economic | ||
and psychological
aspects of interpersonal and family | ||
relationships.
| ||
(7) Parenting skill development.
| ||
The State Board of Education shall assist those districts | ||
offering
parenting education instruction, upon request, in | ||
developing instructional
materials, training teachers, and | ||
establishing appropriate time allotments
for each of the areas | ||
included in such instruction.
| ||
School districts may offer parenting education courses | ||
during that period
of the day which is not part of the regular | ||
school day. Residents of
the school district may enroll in | ||
such courses. The school board may
establish fees and collect | ||
such charges as may be necessary for attendance
at such | ||
courses in an amount not to exceed the per capita cost of the
| ||
operation thereof, except that the board may waive all or part |
of such
charges if it determines that the individual is | ||
indigent or that the
educational needs of the individual | ||
requires his or her attendance at such courses.
| ||
(b) Beginning with the 2019-2020 school year, from | ||
appropriations made for the purposes of this Section, the | ||
State Board of Education shall implement and administer a | ||
7-year 3-year pilot program supporting the health and wellness | ||
student-learning requirement by utilizing a unit of | ||
instruction on parenting education in participating school | ||
districts that maintain grades 9 through 12, to be determined | ||
by the participating school districts. The program is | ||
encouraged to include, but is not be limited to, instruction | ||
on (i) family structure, function, and management, (ii) the | ||
prevention of child abuse, (iii) the physical, mental, | ||
emotional, social, economic, and psychological aspects of | ||
interpersonal and family relationships, and (iv) parenting | ||
education competency development that is aligned to the social | ||
and emotional learning standards of the student's grade level. | ||
Instruction under this subsection (b) may be included in the | ||
Comprehensive Health Education Program set forth under Section | ||
3 of the Critical Health Problems and Comprehensive Health | ||
Education Act. The State Board of Education is authorized to | ||
make grants to school districts that apply to participate in | ||
the pilot program under this subsection (b). The State Board | ||
of Education shall by rule provide for the form of the | ||
application and criteria to be used and applied in selecting |
participating urban, suburban, and rural school districts. The | ||
provisions of this subsection (b), other than this sentence, | ||
are inoperative at the conclusion of the pilot program. | ||
(Source: P.A. 100-1043, eff. 8-23-18.)
| ||
Section 5-100. The School Construction Law is amended by | ||
changing Section 5-300 as follows: | ||
(105 ILCS 230/5-300) | ||
Sec. 5-300. Early childhood construction grants. | ||
(a) The Capital Development Board is authorized to make | ||
grants to public school districts and not-for-profit entities | ||
for early childhood construction projects , except that in | ||
fiscal year 2024 those grants may be made only to public school | ||
districts . These grants shall be paid out of moneys | ||
appropriated for that purpose from the School Construction | ||
Fund , the Build Illinois Bond Fund, or the Rebuild Illinois | ||
Projects Fund . No grants may be awarded to entities providing | ||
services within private residences. A public school district | ||
or other eligible entity must provide local matching funds in | ||
the following manner: | ||
(1) A public school district assigned to Tier 1 under | ||
Section 18-8.15 of the School Code or any other eligible | ||
entity in an area encompassed by that district must | ||
provide local matching funds in an amount equal to 3% of | ||
the grant awarded under this Section. |
(2) A public school district assigned to Tier 2 under | ||
Section 18-8.15 of the School Code or any other eligible | ||
entity in an area encompassed by that district must | ||
provide local matching funds in an amount equal to 7.5% of | ||
the grant awarded under this Section. | ||
(3) A public school district assigned to Tier 3 under | ||
Section 18-8.15 of the School Code or any other eligible | ||
entity in an area encompassed by that district must | ||
provide local matching funds in an amount equal to 8.75% | ||
of the grant awarded under this Section. | ||
(4) A public school district assigned to Tier 4 under | ||
Section 18-8.15 of the School Code or any other eligible | ||
entity in an area encompassed by that district must | ||
provide local matching funds in an amount equal to 10% of | ||
the grant awarded under this Section. | ||
A public school district or other eligible entity has no | ||
entitlement to a grant under this Section. | ||
(b) The Capital Development Board shall adopt rules to | ||
implement this Section. These rules need not be the same as the | ||
rules for school construction project grants or school | ||
maintenance project grants.
The rules may specify: | ||
(1) the manner of applying for grants; | ||
(2) project eligibility requirements; | ||
(3) restrictions on the use of grant moneys; | ||
(4) the manner in which school districts and other | ||
eligible entities must account for the use of grant |
moneys; | ||
(5) requirements that new or improved facilities be | ||
used for early childhood and other related programs for a | ||
period of at least 10 years; and | ||
(6) any other provision that the Capital Development | ||
Board determines to be necessary or useful for the | ||
administration of this Section. | ||
(b-5) When grants are made to non-profit corporations for | ||
the acquisition or construction of new facilities, the Capital | ||
Development Board or any State agency it so designates shall | ||
hold title to or place a lien on the facility for a period of | ||
10 years after the date of the grant award, after which title | ||
to the facility shall be transferred to the non-profit | ||
corporation or the lien shall be removed, provided that the | ||
non-profit corporation has complied with the terms of its | ||
grant agreement. When grants are made to non-profit | ||
corporations for the purpose of renovation or rehabilitation, | ||
if the non-profit corporation does not comply with item (5) of | ||
subsection (b) of this Section, the Capital Development Board | ||
or any State agency it so designates shall recover the grant | ||
pursuant to the procedures outlined in the Illinois Grant | ||
Funds Recovery Act. | ||
(c) The Capital Development Board, in consultation with | ||
the State Board of Education, shall establish standards for | ||
the determination of priority needs concerning early childhood | ||
projects based on projects located in communities in the State |
with the greatest underserved population of young children, | ||
utilizing Census data and other reliable local early childhood | ||
service data. | ||
(d) In each school year in which early childhood | ||
construction project grants are awarded, 20% of the total | ||
amount awarded shall be awarded to a school district with a | ||
population of more than 500,000, provided that the school | ||
district complies with the requirements of this Section and | ||
the rules adopted under this Section.
| ||
(Source: P.A. 102-16, eff. 6-17-21.) | ||
Section 5-104. The Public Community College Act is amended | ||
by changing Section 2-16.02 as follows:
| ||
(110 ILCS 805/2-16.02) (from Ch. 122, par. 102-16.02)
| ||
Sec. 2-16.02. Grants. Any community college district that | ||
maintains a
community college recognized by the State Board | ||
shall receive, when eligible,
grants enumerated in this | ||
Section. Funded semester credit hours or other
measures or | ||
both as specified by the State Board shall be used to | ||
distribute
grants to community colleges. Funded semester | ||
credit hours shall be defined,
for purposes of this Section, | ||
as the greater of
(1) the number of semester credit hours, or | ||
equivalent, in all funded
instructional categories of students | ||
who have been certified as being in
attendance at midterm | ||
during the respective terms of the base fiscal year or
(2) the |
average of semester credit hours, or equivalent, in all funded
| ||
instructional categories of students who have been certified | ||
as being in
attendance at midterm during the respective terms | ||
of the base fiscal year and
the 2 prior fiscal years. For | ||
purposes of this Section, "base fiscal year"
means the fiscal | ||
year 2 years prior to the fiscal year for which the grants are
| ||
appropriated. Such students shall have been residents of | ||
Illinois and shall
have been enrolled in courses that are part | ||
of instructional program categories
approved by the State | ||
Board and that are applicable toward an associate degree
or | ||
certificate.
Courses that are eligible for reimbursement are | ||
those courses for which
the district pays 50% or more of the | ||
program costs from unrestricted
revenue sources, with the | ||
exception of dual credit courses and courses offered by | ||
contract with
the Department of Corrections in correctional | ||
institutions. For the
purposes of this Section, "unrestricted | ||
revenue sources" means those
revenues in which the provider of | ||
the revenue imposes no financial
limitations upon the district | ||
as it relates to the expenditure of the funds. Except for | ||
Fiscal Year 2012, base operating grants shall be paid based on | ||
rates per funded
semester credit hour or equivalent calculated | ||
by the State Board for funded
instructional categories using | ||
cost of instruction, enrollment, inflation, and
other relevant | ||
factors. For Fiscal Year 2012, the allocations for base | ||
operating grants to community college districts shall be the | ||
same as they were in Fiscal Year 2011, reduced or increased |
proportionately according to the appropriation for base | ||
operating grants for Fiscal Year 2012.
| ||
Equalization grants shall be calculated by the State Board | ||
by determining a
local revenue factor for each district by: | ||
(A) adding (1)
each district's Corporate Personal Property | ||
Replacement Fund
allocations from the base
fiscal year or the | ||
average of the base fiscal year and prior year, whichever is
| ||
less, divided by the applicable statewide average tax rate to | ||
(2) the
district's most recently audited
year's equalized | ||
assessed valuation or the average of the most recently audited
| ||
year and prior year, whichever is less, (B) then dividing by | ||
the district's
audited full-time equivalent resident students | ||
for the base fiscal year or the
average for the base fiscal | ||
year and the 2 prior fiscal years, whichever is
greater, and | ||
(C) then multiplying by the applicable statewide average tax
| ||
rate. The State Board
shall calculate a statewide weighted | ||
average threshold by applying
the same methodology to the | ||
totals of all districts' Corporate Personal
Property Tax | ||
Replacement Fund allocations, equalized assessed valuations, | ||
and
audited full-time equivalent district resident students | ||
and multiplying by the
applicable statewide average tax rate. | ||
The difference between the statewide
weighted average | ||
threshold and the local revenue
factor, multiplied by the | ||
number of full-time equivalent resident students,
shall | ||
determine the amount of equalization funding that each | ||
district is
eligible to receive. A percentage factor, as |
determined by the State Board,
may be applied to the statewide | ||
threshold as a method for allocating
equalization funding. A | ||
minimum equalization grant of an amount per district
as | ||
determined by the State Board shall be established for any | ||
community college
district which qualifies for an equalization | ||
grant based upon the preceding
criteria, but becomes | ||
ineligible for equalization funding, or would have
received a | ||
grant of less than the minimum equalization grant, due to | ||
threshold
prorations applied to reduce equalization funding.
| ||
As of July 1, 2013, a community college district eligible to | ||
receive an equalization grant based upon the preceding | ||
criteria must maintain a
minimum required combined in-district | ||
tuition and universal fee rate per
semester credit hour equal | ||
to 70% of the State-average combined rate, as
determined by | ||
the State Board, or the total revenue received by the | ||
community college district from combined in-district tuition | ||
and universal fees must be at least 30% of the total revenue | ||
received by the community college district, as determined by | ||
the State Board, for equalization funding. As of July 1,
2004, | ||
a community college district must maintain a minimum required
| ||
operating tax rate equal to at least 95% of its maximum | ||
authorized tax
rate to qualify for equalization funding. This | ||
95% minimum tax rate
requirement shall be based upon the | ||
maximum operating tax rate as
limited by the Property Tax | ||
Extension Limitation Law.
| ||
The State Board shall distribute such other grants as may |
be
authorized or appropriated by the General Assembly. The | ||
State Board may adopt any rules necessary for the purposes of | ||
implementing and distributing funds pursuant to an authorized | ||
or appropriated grant.
| ||
Each community college district entitled to State grants | ||
under this
Section must submit a report of its enrollment to | ||
the State Board not later
than 30 days following the end of | ||
each semester or term in a
format prescribed by the State | ||
Board. These semester credit hours, or
equivalent, shall be | ||
certified by each district on forms provided by the
State | ||
Board. Each district's certified semester credit hours, or | ||
equivalent,
are subject to audit pursuant to Section 3-22.1.
| ||
The State Board shall certify, prepare, and submit monthly | ||
vouchers to the State Comptroller
setting
forth an amount | ||
equal to one-twelfth of the grants approved by the State Board | ||
for base
operating grants and equalization grants. The State | ||
Board shall prepare and
submit to the State Comptroller | ||
vouchers for payments of other grants as
appropriated by the | ||
General Assembly. If the amount appropriated for grants
is | ||
different from the amount provided for such grants under this | ||
Act, the
grants shall be proportionately reduced or increased | ||
accordingly.
| ||
For the purposes of this Section, "resident student" means | ||
a student in a
community college district who maintains | ||
residency in that district or
meets other residency | ||
definitions established by the State Board, and who
was |
enrolled either in one of the approved instructional program | ||
categories
in that district, or in another community college | ||
district to which the
resident's district is paying tuition | ||
under Section 6-2 or with which the
resident's district has | ||
entered into a cooperative agreement in lieu of such
tuition. | ||
Students shall be classified as residents of the community | ||
college district without meeting the 30-day residency | ||
requirement of the district if they are currently residing in | ||
the district and are youth (i) who are currently under the | ||
legal guardianship of the Illinois Department of Children and | ||
Family Services or have recently been emancipated from the | ||
Department and (ii) who had previously met the 30-day | ||
residency requirement of the district but who had a placement | ||
change into a new community college district. The student, a | ||
caseworker or other personnel of the Department, or the | ||
student's attorney or guardian ad litem appointed under the | ||
Juvenile Court Act of 1987 shall provide the district with | ||
proof of current in-district residency.
| ||
For the purposes of this Section, a "full-time equivalent" | ||
student is
equal to 30 semester credit hours.
| ||
The Illinois Community College Board Contracts and Grants | ||
Fund is hereby
created in the State Treasury. Items of income | ||
to this fund shall include
any grants, awards, endowments, or | ||
like proceeds, and where appropriate,
other funds made | ||
available through contracts with governmental, public, and
| ||
private agencies or persons. The General Assembly shall from |
time to time
make appropriations payable from such fund for | ||
the support, improvement,
and expenses of the State Board and | ||
Illinois community college
districts.
| ||
(Source: P.A. 99-845, eff. 1-1-17; 100-884, eff. 1-1-19 .)
| ||
Section 5-105. The Higher Education Student Assistance Act | ||
is amended by changing Sections 35 and 65.100 as follows:
| ||
(110 ILCS 947/35)
| ||
Sec. 35. Monetary award program.
| ||
(a) The Commission shall, each year, receive and consider | ||
applications
for grant assistance under this Section. Subject | ||
to a separate
appropriation for such purposes, an applicant is | ||
eligible for a grant under
this Section when the Commission | ||
finds that the applicant:
| ||
(1) is a resident of this State and a citizen or | ||
permanent resident
of the United States;
| ||
(2) is enrolled or has been accepted for enrollment in | ||
a qualified institution for the purpose of obtaining a | ||
degree, certificate, or other credential offered by the | ||
institution, as applicable; and | ||
(3) in the absence of grant assistance, will be | ||
deterred by
financial considerations from completing an | ||
educational program at the
qualified institution of his or | ||
her choice.
| ||
(b) The Commission shall award renewals only upon the |
student's application
and upon the Commission's finding that | ||
the applicant:
| ||
(1) has remained a student in good standing;
| ||
(2) remains a resident of this State; and
| ||
(3) is in a financial situation that continues to | ||
warrant assistance.
| ||
(c) All grants shall be applicable only to tuition and | ||
necessary fee costs. The Commission shall determine the grant
| ||
amount for each student, which shall not exceed the smallest | ||
of
the following amounts:
| ||
(1) subject to appropriation, $5,468 for fiscal year | ||
2009, $5,968 for fiscal year 2010, $6,468 for fiscal year | ||
2011 and each fiscal year thereafter through fiscal year | ||
2022, and $8,508 for fiscal year 2023 , and $10,896 for | ||
fiscal year 2024 and each fiscal year thereafter, or such | ||
lesser amount as
the Commission finds to be available, | ||
during an academic year;
| ||
(2) the amount which equals 2 semesters or 3 quarters | ||
tuition
and other necessary fees required generally by the | ||
institution of all
full-time undergraduate students; or
| ||
(3) such amount as the Commission finds to be | ||
appropriate in view of
the applicant's financial | ||
resources.
| ||
Subject to appropriation, the maximum grant amount for | ||
students not subject to subdivision (1) of this subsection (c) | ||
must be increased by the same percentage as any increase made |
by law to the maximum grant amount under subdivision (1) of | ||
this subsection (c). | ||
"Tuition and other necessary fees" as used in this Section | ||
include the
customary charge for instruction and use of | ||
facilities in general, and the
additional fixed fees charged | ||
for specified purposes, which are required
generally of | ||
nongrant recipients for each academic period for which the | ||
grant
applicant actually enrolls, but do not include fees | ||
payable only once or
breakage fees and other contingent | ||
deposits which are refundable in whole or in
part. The | ||
Commission may prescribe, by rule not inconsistent with this
| ||
Section, detailed provisions concerning the computation of | ||
tuition and other
necessary fees.
| ||
(d) No applicant, including those presently receiving | ||
scholarship
assistance under this Act, is eligible for | ||
monetary award program
consideration under this Act after | ||
receiving a baccalaureate degree or
the equivalent of 135 | ||
semester credit hours of award payments.
| ||
(d-5) In this subsection (d-5), "renewing applicant" means | ||
a student attending an institution of higher learning who | ||
received a Monetary Award Program grant during the prior | ||
academic year. Beginning with the processing of applications | ||
for the 2020-2021 academic year, the Commission shall annually | ||
publish a priority deadline date for renewing applicants. | ||
Subject to appropriation, a renewing applicant who files by | ||
the published priority deadline date shall receive a grant if |
he or she continues to meet the eligibility requirements under | ||
this Section. A renewing applicant's failure to apply by the | ||
priority deadline date established under this subsection (d-5) | ||
shall not disqualify him or her from receiving a grant if | ||
sufficient funding is available to provide awards after that | ||
date. | ||
(e) The Commission, in determining the number of grants to | ||
be offered,
shall take into consideration past experience with | ||
the rate of grant funds
unclaimed by recipients. The | ||
Commission shall notify applicants that grant
assistance is | ||
contingent upon the availability of appropriated funds.
| ||
(e-5) The General Assembly finds and declares that it is | ||
an important purpose of the Monetary Award Program to | ||
facilitate access to college both for students who pursue | ||
postsecondary education immediately following high school and | ||
for those who pursue postsecondary education later in life, | ||
particularly Illinoisans who are dislocated workers with | ||
financial need and who are seeking to improve their economic | ||
position through education. For the 2015-2016 and 2016-2017 | ||
academic years, the Commission shall give additional and | ||
specific consideration to the needs of dislocated workers with | ||
the intent of allowing applicants who are dislocated workers | ||
an opportunity to secure financial assistance even if applying | ||
later than the general pool of applicants. The Commission's | ||
consideration shall include, in determining the number of | ||
grants to be offered, an estimate of the resources needed to |
serve dislocated workers who apply after the Commission | ||
initially suspends award announcements for the upcoming | ||
regular academic year, but prior to the beginning of that | ||
academic year. For the purposes of this subsection (e-5), a | ||
dislocated worker is defined as in the federal Workforce
| ||
Innovation and Opportunity Act. | ||
(f) (Blank).
| ||
(g) The Commission shall determine the eligibility of and | ||
make grants to
applicants enrolled at qualified for-profit | ||
institutions in accordance with the
criteria set forth in this | ||
Section. The eligibility of applicants enrolled at
such | ||
for-profit institutions shall be limited as follows:
| ||
(1) Beginning with the academic year 1997, only to | ||
eligible first-time
freshmen and
first-time transfer | ||
students who have attained an associate degree.
| ||
(2) Beginning with the academic year 1998, only to | ||
eligible freshmen
students,
transfer students who have | ||
attained an associate degree, and students who
receive a | ||
grant under paragraph (1) for the academic year 1997 and | ||
whose grants
are being renewed for the academic year 1998.
| ||
(3) Beginning with the academic year 1999, to all | ||
eligible students.
| ||
(h) The Commission may award a grant to an eligible | ||
applicant enrolled at an Illinois public institution of higher | ||
learning in a program that will culminate in the award of an | ||
occupational or career and technical certificate as that term |
is defined in 23 Ill. Adm. Code 1501.301. | ||
(i) The Commission may adopt rules to implement this | ||
Section. | ||
(Source: P.A. 101-81, eff. 7-12-19; 102-699, eff. 4-19-22.)
| ||
(110 ILCS 947/65.100) | ||
(Section scheduled to be repealed on October 1, 2024) | ||
Sec. 65.100. AIM HIGH Grant Pilot Program. | ||
(a) The General Assembly makes all of the following | ||
findings: | ||
(1) Both access and affordability are important | ||
aspects of the Illinois Public Agenda for College and | ||
Career Success report. | ||
(2) This State is in the top quartile with respect to | ||
the percentage of family income needed to pay for college. | ||
(3) Research suggests that as loan amounts increase, | ||
rather than an increase in grant amounts, the probability | ||
of college attendance decreases. | ||
(4) There is further research indicating that | ||
socioeconomic status may affect the willingness of | ||
students to use loans to attend college. | ||
(5) Strategic use of tuition discounting can decrease | ||
the amount of loans that students must use to pay for | ||
tuition. | ||
(6) A modest, individually tailored tuition discount | ||
can make the difference in a student choosing to attend |
college and enhance college access for low-income and | ||
middle-income families. | ||
(7) Even if the federally calculated financial need | ||
for college attendance is met, the federally determined | ||
Expected Family Contribution can still be a daunting | ||
amount. | ||
(8) This State is the second largest exporter of | ||
students in the country. | ||
(9) When talented Illinois students attend | ||
universities in this State, the State and those | ||
universities benefit. | ||
(10) State universities in other states have adopted | ||
pricing and incentives that allow many Illinois residents | ||
to pay less to attend an out-of-state university than to | ||
remain in this State for college. | ||
(11) Supporting Illinois student attendance at | ||
Illinois public universities can assist in State efforts | ||
to maintain and educate a highly trained workforce. | ||
(12) Modest tuition discounts that are individually | ||
targeted and tailored can result in enhanced revenue for | ||
public universities. | ||
(13) By increasing a public university's capacity to | ||
strategically use tuition discounting, the public | ||
university will be capable of creating enhanced tuition | ||
revenue by increasing enrollment yields. | ||
(b) In this Section: |
"Eligible applicant" means a student from any high school | ||
in this State, whether or not recognized by the State Board of | ||
Education, who is engaged in a program of study that in due | ||
course will be completed by the end of the school year and who | ||
meets all of the qualifications and requirements under this | ||
Section. | ||
"Tuition and other necessary 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-grant recipients for each | ||
academic period for which the grant applicant actually | ||
enrolls, but does not include fees payable only once or | ||
breakage fees and other contingent deposits that are | ||
refundable in whole or in part. The Commission may adopt, by | ||
rule not inconsistent with this Section, detailed provisions | ||
concerning the computation of tuition and other necessary | ||
fees. | ||
(c) Beginning with the 2019-2020 academic year, each | ||
public university may establish a merit-based scholarship | ||
pilot program known as the AIM HIGH Grant Pilot Program. Each | ||
year, the Commission shall receive and consider applications | ||
from public universities under this Section. Subject to | ||
appropriation and any tuition waiver limitation established by | ||
the Board of Higher Education, a public university campus may | ||
award a grant to a student under this Section if it finds that | ||
the applicant meets all of the following criteria: |
(1) He or she is a resident of this State and a citizen | ||
or eligible noncitizen of the United States. | ||
(2) He or she files a Free Application for Federal | ||
Student Aid and demonstrates financial need with a | ||
household income no greater than 8 6 times the poverty | ||
guidelines updated periodically in the Federal Register by | ||
the U.S. Department of Health and Human Services under the | ||
authority of 42 U.S.C. 9902(2). The household income of | ||
the applicant at the time of initial application shall be | ||
deemed to be the household income of the applicant for the | ||
duration of the pilot program. | ||
(3) He or she meets the minimum cumulative grade point | ||
average or ACT or SAT college admissions test score, as | ||
determined by the public university campus. | ||
(4) He or she is enrolled in a public university as an | ||
undergraduate student on a full-time basis. | ||
(5) He or she has not yet received a baccalaureate | ||
degree or the equivalent of 135 semester credit hours. | ||
(6) He or she is not incarcerated. | ||
(7) He or she is not in default on any student loan or | ||
does not owe a refund or repayment on any State or federal | ||
grant or scholarship. | ||
(8) Any other reasonable criteria, as determined by | ||
the public university campus. | ||
(d) Each public university campus shall determine grant | ||
renewal criteria consistent with the requirements under this |
Section. | ||
(e) Each participating public university campus shall post | ||
on its Internet website criteria and eligibility requirements | ||
for receiving awards that use funds under this Section that | ||
include a range in the sizes of these individual awards. The | ||
criteria and amounts must also be reported to the Commission | ||
and the Board of Higher Education, who shall post the | ||
information on their respective Internet websites. | ||
(f) After enactment of an appropriation for this Program, | ||
the Commission shall determine an allocation of funds to each | ||
public university in an amount proportionate to the number of | ||
undergraduate students who are residents of this State and | ||
citizens or eligible noncitizens of the United States and who | ||
were enrolled at each public university campus in the previous | ||
academic year. All applications must be made to the Commission | ||
on or before a date determined by the Commission and on forms | ||
that the Commission shall provide to each public university | ||
campus. The form of the application and the information | ||
required shall be determined by the Commission and shall | ||
include, without limitation, the total public university | ||
campus funds used to match funds received from the Commission | ||
in the previous academic year under this Section, if any, the | ||
total enrollment of undergraduate students who are residents | ||
of this State from the previous academic year, and any | ||
supporting documents as the Commission deems necessary. Each | ||
public university campus shall match the amount of funds |
received by the Commission with financial aid for eligible | ||
students. | ||
A public university in which an average of at least 49% of | ||
the students seeking a bachelor's degree or certificate | ||
received a Pell Grant over the prior 3 academic years, as | ||
reported to the Commission, shall match 20% of the amount of | ||
funds awarded in a given academic year with non-loan financial | ||
aid for eligible students. A public university in which an | ||
average of less than 49% of the students seeking a bachelor's | ||
degree or certificate received a Pell Grant over the prior 3 | ||
academic years, as reported to the Commission, shall match 60% | ||
of the amount of funds awarded in a given academic year with | ||
non-loan financial aid for eligible students. | ||
A public university campus is not required to claim its | ||
entire allocation. The Commission shall make available to all | ||
public universities, on a date determined by the Commission, | ||
any unclaimed funds and the funds must be made available to | ||
those public university campuses in the proportion determined | ||
under this subsection (f), excluding from the calculation | ||
those public university campuses not claiming their full | ||
allocations. | ||
Each public university campus may determine the award | ||
amounts for eligible students on an individual or broad basis, | ||
but, subject to renewal eligibility, each renewed award may | ||
not be less than the amount awarded to the eligible student in | ||
his or her first year attending the public university campus. |
Notwithstanding this limitation, a renewal grant may be | ||
reduced due to changes in the student's cost of attendance, | ||
including, but not limited to, if a student reduces the number | ||
of credit hours in which he or she is enrolled, but remains a | ||
full-time student, or switches to a course of study with a | ||
lower tuition rate. | ||
An eligible applicant awarded grant assistance under this | ||
Section is eligible to receive other financial aid. Total | ||
grant aid to the student from all sources may not exceed the | ||
total cost of attendance at the public university campus. | ||
(g) All money allocated to a public university campus | ||
under this Section may be used only for financial aid purposes | ||
for students attending the public university campus during the | ||
academic year, not including summer terms. Notwithstanding any | ||
other provision of law to the contrary, any funds received by a | ||
public university campus under this Section that are not | ||
granted to students in the academic year for which the funds | ||
are received may be retained by the public university campus | ||
for expenditure on students participating in the Program or | ||
students eligible to participate in the Program. | ||
(h) Each public university campus that establishes a | ||
Program under this Section must annually report to the | ||
Commission, on or before a date determined by the Commission, | ||
the number of undergraduate students enrolled at that campus | ||
who are residents of this State. | ||
(i) Each public university campus must report to the |
Commission the total non-loan financial aid amount given by | ||
the public university campus to undergraduate students in the | ||
2017-2018 academic year, not including the summer term. To be | ||
eligible to receive funds under the Program, a public | ||
university campus may not decrease the total amount of | ||
non-loan financial aid it gives to undergraduate students, not | ||
including any funds received from the Commission under this | ||
Section or any funds used to match grant awards under this | ||
Section, to an amount lower than the reported amount for the | ||
2017-2018 academic year, not including the summer term. | ||
(j) On or before a date determined by the Commission, each | ||
public university campus that participates in the Program | ||
under this Section shall annually submit a report to the | ||
Commission with all of the following information: | ||
(1) The Program's impact on tuition revenue and | ||
enrollment goals and increase in access and affordability | ||
at the public university campus. | ||
(2) Total funds received by the public university | ||
campus under the Program. | ||
(3) Total non-loan financial aid awarded to | ||
undergraduate students attending the public university | ||
campus. | ||
(4) Total amount of funds matched by the public | ||
university campus. | ||
(5) Total amount of claimed and unexpended funds | ||
retained by the public university campus. |
(6) The percentage of total financial aid distributed | ||
under the Program by the public university campus. | ||
(7) The total number of students receiving grants from | ||
the public university campus under the Program and those | ||
students' grade level, race, gender, income level, family | ||
size, Monetary Award Program eligibility, Pell Grant | ||
eligibility, and zip code of residence and the amount of | ||
each grant award. This information shall include unit | ||
record data on those students regarding variables | ||
associated with the parameters of the public university's | ||
Program, including, but not limited to, a student's ACT or | ||
SAT college admissions test score, high school or | ||
university cumulative grade point average, or program of | ||
study. | ||
On or before October 1, 2020 and annually on or before | ||
October 1 thereafter, the Commission shall submit a report | ||
with the findings under this subsection (j) and any other | ||
information regarding the AIM HIGH Grant Pilot Program to (i) | ||
the Governor, (ii) the Speaker of the House of | ||
Representatives, (iii) the Minority Leader of the House of | ||
Representatives, (iv) the President of the Senate, and (v) the | ||
Minority Leader of the Senate. The reports to the General | ||
Assembly shall be filed with the Clerk of the House of | ||
Representatives and the Secretary of the Senate in electronic | ||
form only, in the manner that the Clerk and the Secretary shall | ||
direct. The Commission's report may not disaggregate data to a |
level that may disclose personally identifying information of | ||
individual students. | ||
The sharing and reporting of student data under this | ||
subsection (j) must be in accordance with the requirements | ||
under the federal Family Educational Rights and Privacy Act of | ||
1974 and the Illinois School Student Records Act. All parties | ||
must preserve the confidentiality of the information as | ||
required by law. The names of the grant recipients under this | ||
Section are not subject to disclosure under the Freedom of | ||
Information Act. | ||
Public university campuses that fail to submit a report | ||
under this subsection (j) or that fail to adhere to any other | ||
requirements under this Section may not be eligible for | ||
distribution of funds under the Program for the next academic | ||
year, but may be eligible for distribution of funds for each | ||
academic year thereafter. | ||
(k) The Commission shall adopt rules to implement this | ||
Section. | ||
(l) This Section is repealed on October 1, 2024.
| ||
(Source: P.A. 100-587, eff. 6-4-18; 100-1015, eff. 8-21-18; | ||
100-1183, eff. 4-4-19; 101-81, eff. 7-12-19; 101-613, eff. | ||
6-1-20; 101-643, eff. 6-18-20; 101-654, eff. 3-8-21.) | ||
Section 5-110. If and only if House Bill 2041 of the 103rd | ||
General Assembly becomes law, then the Private College Act is | ||
amended by adding Section 14.12 as follows: |
(110 ILCS 1005/14.12 new) | ||
Sec. 14.12. Transfer of Fund Balance. On the effective | ||
date of this Section, or as soon thereafter as practical, the | ||
State Comptroller shall direct and the State Treasurer shall | ||
transfer the remaining balance from the Private College | ||
Academic Quality Assurance Fund into the Academic Quality | ||
Assurance Fund. Upon completion of the transfer, the Private | ||
College Academic Quality Assurance Fund is dissolved, and any | ||
future deposits due to that Fund and any outstanding | ||
obligations or liabilities of that Fund pass to the Academic | ||
Quality Assurance Fund. This Section is repealed on January 1, | ||
2024. | ||
Section 5-120. The Illinois Health Benefits Exchange Law | ||
is amended by adding Section 5-30 as follows: | ||
(215 ILCS 122/5-30 new) | ||
Sec. 5-30. Transfers from Insurance Producer | ||
Administration Fund. During fiscal year 2024 only, at the | ||
direction of and upon notification from the Director of | ||
Insurance, the State Comptroller shall direct and the State | ||
Treasurer shall transfer up to a total of $10,000,000 from the | ||
Insurance Producer Administration Fund to the Illinois Health | ||
Benefits Exchange Fund. This Section is repealed on January 1, | ||
2025. |
Section 5-121. The Auction License Act is amended by | ||
changing Section 10-50 as follows:
| ||
(225 ILCS 407/10-50)
| ||
(Section scheduled to be repealed on January 1, 2030)
| ||
Sec. 10-50. Fees; disposition of funds.
| ||
(a) The Department shall establish by rule a schedule of | ||
fees for the administration and maintenance of this Act. Such | ||
fees shall be nonrefundable. | ||
(b) Prior to July 1, 2023, all fees collected under this | ||
Act shall be deposited into the General Professions Dedicated | ||
Fund and appropriated to the Department for the ordinary and | ||
contingent expenses of the Department in the administration of | ||
this Act. Beginning on July 1, 2023, all fees, fines, | ||
penalties, or other monies received or collected pursuant to | ||
this Act shall be deposited in the Division of Real Estate | ||
General Fund. On or after July 1, 2023, at the direction of the | ||
Department, the Comptroller shall direct and the Treasurer | ||
shall transfer the remaining balance of funds collected under | ||
this Act from the General Professions Dedicated Fund to the | ||
Division of Real Estate General Fund.
| ||
(Source: P.A. 102-970, eff. 5-27-22.)
| ||
Section 5-123. The Illinois Horse Racing Act of 1975 is | ||
amended by changing Sections 30 and 31 as follows:
|
(230 ILCS 5/30) (from Ch. 8, par. 37-30)
| ||
Sec. 30.
(a) The General Assembly declares that it is the | ||
policy of
this State to encourage the breeding of thoroughbred | ||
horses in this
State and the ownership of such horses by | ||
residents of this State in
order to provide for: sufficient | ||
numbers of high quality thoroughbred
horses to participate in | ||
thoroughbred racing meetings in this State,
and to establish | ||
and preserve the agricultural and commercial benefits
of such | ||
breeding and racing industries to the State of Illinois. It is
| ||
the intent of the General Assembly to further this policy by | ||
the
provisions of this Act.
| ||
(b) Each organization licensee conducting a thoroughbred
| ||
racing meeting
pursuant to this Act shall provide at least two | ||
races each day limited
to Illinois conceived and foaled horses | ||
or Illinois foaled horses or
both. A minimum of 6 races shall | ||
be conducted each week limited to
Illinois conceived and | ||
foaled or Illinois foaled horses or both. No
horses shall be | ||
permitted to start in such races unless duly registered
under | ||
the rules of the Department of Agriculture.
| ||
(c) Conditions of races under subsection (b) shall be
| ||
commensurate
with past performance, quality, and class of | ||
Illinois conceived and foaled
and Illinois foaled horses
| ||
available. If, however, sufficient competition cannot be had | ||
among
horses of that class on any day, the races may, with | ||
consent of the
Board, be eliminated for that day and |
substitute races provided.
| ||
(d) There is hereby created a special fund of the State | ||
Treasury to
be known as the Illinois Thoroughbred Breeders | ||
Fund.
| ||
Beginning on June 28, 2019 ( the effective date of Public | ||
Act 101-31) this amendatory Act of the 101st General Assembly , | ||
the Illinois Thoroughbred Breeders Fund shall become a | ||
non-appropriated trust fund held separate from State moneys. | ||
Expenditures from this Fund shall no longer be subject to | ||
appropriation. | ||
Except as provided in subsection (g) of Section 27 of this | ||
Act, 8.5% of all
the monies received by the State as
privilege | ||
taxes on Thoroughbred racing meetings shall be paid into the | ||
Illinois
Thoroughbred Breeders Fund.
| ||
Notwithstanding any provision of law to the contrary, | ||
amounts deposited into the Illinois Thoroughbred Breeders Fund | ||
from revenues generated by gaming pursuant to an organization | ||
gaming license issued under the Illinois Gambling Act after | ||
June 28, 2019 ( the effective date of Public Act 101-31) this | ||
amendatory Act of the 101st General Assembly shall be in | ||
addition to tax and fee amounts paid under this Section for | ||
calendar year 2019 and thereafter. | ||
(e) The Illinois Thoroughbred Breeders Fund shall be | ||
administered by
the Department of Agriculture
with the advice | ||
and assistance of the
Advisory Board created in subsection (f) | ||
of this Section.
|
(f) The Illinois Thoroughbred Breeders Fund Advisory Board | ||
shall
consist of the Director of the Department of | ||
Agriculture, who shall
serve as Chairman; a member of the | ||
Illinois Racing Board, designated by
it; 2 representatives of | ||
the organization licensees
conducting thoroughbred
racing | ||
meetings, recommended by them; 2 representatives of the | ||
Illinois
Thoroughbred Breeders and Owners Foundation, | ||
recommended by it; one representative of the Horsemen's | ||
Benevolent Protective Association; and one representative from | ||
the Illinois Thoroughbred Horsemen's Association. Advisory | ||
Board members shall serve for 2 years commencing January 1
of
| ||
each odd numbered year. If representatives of the organization | ||
licensees
conducting thoroughbred racing meetings, the | ||
Illinois Thoroughbred Breeders and
Owners Foundation, the | ||
Horsemen's Benevolent Protection Association, and the Illinois | ||
Thoroughbred Horsemen's Association have
not been recommended | ||
by January 1, of each odd numbered year, the Director of
the | ||
Department of Agriculture shall make an appointment for the | ||
organization
failing to so recommend a member of the Advisory | ||
Board. Advisory Board members
shall receive no compensation | ||
for their services as members but shall be
reimbursed for all | ||
actual and necessary expenses and disbursements incurred in
| ||
the execution of their official duties.
| ||
(g) Monies expended
from the Illinois Thoroughbred | ||
Breeders Fund shall be
expended by the Department of | ||
Agriculture,
with the advice and
assistance of the Illinois |
Thoroughbred Breeders Fund Advisory Board,
for the following | ||
purposes only:
| ||
(1) To provide purse supplements to owners of horses | ||
participating
in races limited to Illinois conceived and | ||
foaled and Illinois foaled
horses. Any such purse | ||
supplements shall not be included in and shall
be paid in | ||
addition to any purses, stakes, or breeders' awards | ||
offered
by each organization licensee as determined by | ||
agreement between such
organization licensee and an | ||
organization representing the horsemen. No
monies from the | ||
Illinois Thoroughbred Breeders Fund shall be used to | ||
provide
purse supplements for claiming races in which the | ||
minimum claiming price is
less than $7,500.
| ||
(2) To provide stakes and awards to be paid to the | ||
owners of the
winning horses in certain races limited to | ||
Illinois conceived and foaled
and Illinois foaled horses | ||
designated as stakes races.
| ||
(2.5) To provide an award to the owner or owners of an | ||
Illinois
conceived and foaled or Illinois foaled horse | ||
that wins a
maiden special weight, an allowance, overnight | ||
handicap race, or
claiming race with claiming price of | ||
$10,000 or more providing the race
is not restricted
to | ||
Illinois conceived and foaled or Illinois foaled horses.
| ||
Awards shall
also be provided to the owner or owners of | ||
Illinois conceived and foaled and
Illinois foaled horses | ||
that place second or third in those races. To the
extent
|
that additional moneys are required to pay the minimum | ||
additional awards of 40%
of the purse the horse earns for | ||
placing first, second or third in those races
for Illinois | ||
foaled horses and of 60% of the purse the horse earns for | ||
placing
first, second or third in those races for Illinois
| ||
conceived and foaled horses, those moneys shall be | ||
provided from the purse
account at the track where earned.
| ||
(3) To provide stallion awards to the owner or owners | ||
of any
stallion that is duly registered with the Illinois | ||
Thoroughbred Breeders
Fund Program whose
duly registered | ||
Illinois conceived and foaled offspring wins a race | ||
conducted
at an Illinois
thoroughbred racing meeting other | ||
than a claiming race, provided that the stallion stood | ||
service within Illinois at the time the offspring was | ||
conceived and that the stallion did not stand for service | ||
outside of Illinois at any time during the year in which | ||
the offspring was conceived.
| ||
(4) To provide $75,000 annually for purses to be
| ||
distributed to
county fairs that provide for the running | ||
of races during each county
fair exclusively for the | ||
thoroughbreds conceived and foaled in
Illinois. The | ||
conditions of the races shall be developed by the county
| ||
fair association and reviewed by the Department with the | ||
advice and
assistance of
the Illinois Thoroughbred | ||
Breeders Fund Advisory Board. There shall be no
wagering | ||
of any kind on the running
of
Illinois conceived and |
foaled races at county fairs.
| ||
(4.1) To provide purse money for an Illinois stallion | ||
stakes program.
| ||
(5) No less than 90% of all monies expended from the | ||
Illinois
Thoroughbred Breeders Fund shall be expended for | ||
the purposes in (1), (2),
(2.5), (3), (4), (4.1), and (5) | ||
as shown above.
| ||
(6) To provide for educational programs regarding the | ||
thoroughbred
breeding industry.
| ||
(7) To provide for research programs concerning the | ||
health,
development and care of the thoroughbred horse.
| ||
(8) To provide for a scholarship and training program | ||
for students
of equine veterinary medicine.
| ||
(9) To provide for dissemination of public information | ||
designed to
promote the breeding of thoroughbred horses in | ||
Illinois.
| ||
(10) To provide for all expenses incurred in the | ||
administration of
the Illinois Thoroughbred Breeders Fund.
| ||
(h) The Illinois Thoroughbred Breeders Fund is not subject | ||
to administrative charges or chargebacks, including, but not | ||
limited to, those authorized under Section 8h of the State | ||
Finance Act.
| ||
(i) A sum equal to 13% of the first prize money of every | ||
purse won by an Illinois foaled or Illinois conceived and | ||
foaled horse in races not limited to Illinois foaled horses or | ||
Illinois conceived and foaled horses, or both, shall be paid |
by the organization licensee conducting the horse race | ||
meeting. Such sum shall be paid 50% from the organization | ||
licensee's share of the money wagered and 50% from the purse | ||
account as follows: 11 1/2% to the breeder of the winning horse | ||
and 1 1/2% to the organization representing thoroughbred | ||
breeders and owners who representative serves on the Illinois | ||
Thoroughbred Breeders Fund Advisory Board for verifying the | ||
amounts of breeders' awards earned, ensuring their | ||
distribution in accordance with this Act, and servicing and | ||
promoting the Illinois thoroughbred horse racing industry. | ||
Beginning in the calendar year in which an organization | ||
licensee that is eligible to receive payments under paragraph | ||
(13) of subsection (g) of Section 26 of this Act begins to | ||
receive funds from gaming pursuant to an organization gaming | ||
license issued under the Illinois Gambling Act, a sum equal to | ||
21 1/2% of the first prize money of every purse won by an | ||
Illinois foaled or an Illinois conceived and foaled horse in | ||
races not limited to an Illinois conceived and foaled horse, | ||
or both, shall be paid 30% from the organization licensee's | ||
account and 70% from the purse account as follows: 20% to the | ||
breeder of the winning horse and 1 1/2% to the organization | ||
representing thoroughbred breeders and owners whose | ||
representatives serve on the Illinois Thoroughbred Breeders | ||
Fund Advisory Board for verifying the amounts of breeders' | ||
awards earned, ensuring their distribution in accordance with | ||
this Act, and servicing and promoting the Illinois |
Thoroughbred racing industry. The
organization representing | ||
thoroughbred breeders and owners shall cause all
expenditures | ||
of monies received under this subsection (i) to be audited
at | ||
least annually by a registered public accountant. The | ||
organization
shall file copies of each annual audit with the | ||
Racing Board, the Clerk of
the House of Representatives and | ||
the Secretary of the Senate, and shall
make copies of each | ||
annual audit available to the public upon request
and upon | ||
payment of the reasonable cost of photocopying the requested
| ||
number of copies. Such payments shall not reduce any award to | ||
the owner of the
horse or reduce the taxes payable under this | ||
Act. Upon completion of its
racing meet, each organization | ||
licensee shall deliver to the organization
representing | ||
thoroughbred breeders and owners whose representative serves | ||
on
the Illinois Thoroughbred Breeders Fund Advisory Board a | ||
listing of all the
Illinois foaled and the Illinois conceived | ||
and foaled horses which won
breeders' awards and the amount of | ||
such breeders' awards under this subsection
to verify accuracy | ||
of payments and assure proper distribution of breeders'
awards | ||
in accordance with the provisions of this Act. Such payments | ||
shall be
delivered by the organization licensee within 30 days | ||
of the end of each race
meeting.
| ||
(j) A sum equal to 13% of the first prize money won in | ||
every race limited to Illinois foaled horses or Illinois | ||
conceived and foaled horses, or both, shall be paid in the | ||
following manner by the organization licensee conducting the |
horse race meeting, 50% from the organization licensee's share | ||
of the money wagered and 50% from the purse account as follows: | ||
11 1/2% to the breeders of the horses in each such race which | ||
are the official first, second, third, and fourth finishers | ||
and 1 1/2% to the organization representing thoroughbred | ||
breeders and owners whose representatives serve on the | ||
Illinois Thoroughbred Breeders Fund Advisory Board for | ||
verifying the amounts of breeders' awards earned, ensuring | ||
their proper distribution in accordance with this Act, and | ||
servicing and promoting the Illinois horse racing industry. | ||
Beginning in the calendar year in which an organization | ||
licensee that is eligible to receive payments under paragraph | ||
(13) of subsection (g) of Section 26 of this Act begins to | ||
receive funds from gaming pursuant to an organization gaming | ||
license issued under the Illinois Gambling Act, a sum of 21 | ||
1/2% of every purse in a race limited to Illinois foaled horses | ||
or Illinois conceived and foaled horses, or both, shall be | ||
paid by the organization licensee conducting the horse race | ||
meeting. Such sum shall be paid 30% from the organization | ||
licensee's account and 70% from the purse account as follows: | ||
20% to the breeders of the horses in each such race who are | ||
official first, second, third and fourth finishers and 1 1/2% | ||
to the organization representing thoroughbred breeders and | ||
owners whose representatives serve on the Illinois | ||
Thoroughbred Breeders Fund Advisory Board for verifying the | ||
amounts of breeders' awards earned, ensuring their proper |
distribution in accordance with this Act, and servicing and | ||
promoting the Illinois thoroughbred horse racing industry. The | ||
organization representing thoroughbred breeders and owners | ||
shall cause all expenditures of moneys received under this | ||
subsection (j) to be audited at least annually by a registered | ||
public accountant. The organization shall file copies of each | ||
annual audit with the Racing Board, the Clerk of the House of | ||
Representatives and the Secretary of the Senate, and shall | ||
make copies of each annual audit available to the public upon | ||
request and upon payment of the reasonable cost of | ||
photocopying the requested number of copies. The copies of the | ||
audit to the General Assembly shall be filed with the Clerk of | ||
the House of Representatives and the Secretary of the Senate | ||
in electronic form only, in the manner that the Clerk and the | ||
Secretary shall direct.
| ||
The amounts paid to the breeders in accordance with this | ||
subsection
shall be distributed as follows:
| ||
(1) 60% of such sum shall be paid to the breeder of the | ||
horse which
finishes in the official first position;
| ||
(2) 20% of such sum shall be paid to the breeder of the | ||
horse which
finishes in the official second position;
| ||
(3) 15% of such sum shall be paid to the breeder of the | ||
horse which
finishes in the official third position; and
| ||
(4) 5% of such sum shall be paid to the breeder of the | ||
horse which
finishes in the official fourth position.
| ||
Such payments shall not reduce any award to the owners of a |
horse or
reduce the taxes payable under this Act. Upon | ||
completion of its racing meet,
each organization licensee | ||
shall deliver to the organization representing
thoroughbred | ||
breeders and owners whose representative serves on the | ||
Illinois
Thoroughbred Breeders Fund Advisory Board a listing | ||
of all the Illinois foaled
and the Illinois conceived and | ||
foaled horses which won breeders' awards and the
amount of | ||
such breeders' awards in accordance with the provisions of | ||
this Act.
Such payments shall be delivered by the organization | ||
licensee within 30 days of
the end of each race meeting.
| ||
(k) The term "breeder", as used herein, means the owner of | ||
the mare at
the time the foal is dropped. An "Illinois foaled | ||
horse" is a foal
dropped by a mare which enters this State on | ||
or before December 1, in the
year in which the horse is bred,
| ||
provided the mare remains continuously in this State until its | ||
foal is born. An
"Illinois
foaled
horse" also means a foal born | ||
of a mare in the same year
as the
mare enters this State on or | ||
before March 1,
and remains in this State at
least 30
days | ||
after foaling, is bred back during the season of the foaling to
| ||
an
Illinois Registered Stallion (unless a veterinarian | ||
certifies that the mare
should not be bred for health | ||
reasons), and is not bred to a stallion
standing in any other | ||
state during the season of foaling. An "Illinois
foaled horse" | ||
also means a foal born in Illinois of a mare purchased at | ||
public
auction
subsequent to the mare entering this State on | ||
or before March 1 of the foaling
year providing the mare is |
owned solely by one or more Illinois residents or an
Illinois
| ||
entity that is entirely owned by one or more Illinois | ||
residents.
| ||
(l) The Department of Agriculture shall, by rule, with the | ||
advice
and assistance of the Illinois Thoroughbred Breeders | ||
Fund Advisory
Board:
| ||
(1) Qualify stallions for Illinois breeding; such | ||
stallions to stand for
service within the State of | ||
Illinois at the time of a foal's conception. Such
stallion | ||
must not stand for service at any place outside the State | ||
of Illinois
during the calendar year in which the foal is | ||
conceived.
The Department of Agriculture may assess and | ||
collect an application fee of up to $500 for the
| ||
registration of Illinois-eligible stallions. All fees | ||
collected are to be held in trust accounts for the | ||
purposes set forth in this Act and in accordance with | ||
Section 205-15 of the Department of Agriculture Law.
| ||
(2) Provide for the registration of Illinois conceived | ||
and foaled
horses and Illinois foaled horses. No such | ||
horse shall compete in
the races limited to Illinois | ||
conceived and foaled horses or Illinois
foaled horses or | ||
both unless registered with the Department of
Agriculture. | ||
The Department of Agriculture may prescribe such forms as
| ||
are necessary to determine the eligibility of such horses. | ||
The Department of
Agriculture may assess and collect | ||
application fees for the registration of
Illinois-eligible |
foals. All fees collected are to be held in trust accounts | ||
for the purposes set forth in this Act and in accordance | ||
with Section 205-15 of the Department of Agriculture Law. | ||
No person
shall knowingly prepare or cause preparation of | ||
an application for
registration of such foals containing | ||
false information.
| ||
(m) The Department of Agriculture, with the advice and | ||
assistance of
the Illinois Thoroughbred Breeders Fund Advisory | ||
Board, shall provide that certain races
limited to Illinois | ||
conceived and foaled and Illinois foaled horses be
stakes | ||
races and determine the total amount of stakes and awards to be | ||
paid
to the owners of the winning horses in such races.
| ||
In determining the stakes races and the amount of awards | ||
for such races,
the Department of Agriculture shall consider | ||
factors, including but not
limited to, the amount of money | ||
transferred into appropriated for the Illinois Thoroughbred
| ||
Breeders Fund program , organization licensees' contributions,
| ||
availability of stakes caliber horses as demonstrated by past | ||
performances,
whether the race can be coordinated into the | ||
proposed racing dates within
organization licensees' racing | ||
dates, opportunity for
colts and fillies
and various age | ||
groups to race, public wagering on such races, and the
| ||
previous racing schedule.
| ||
(n) The Board and the organization licensee shall
notify | ||
the Department of the conditions and minimum purses for races
| ||
limited to Illinois conceived and foaled and Illinois foaled |
horses
conducted for each organization licensee conducting a | ||
thoroughbred racing
meeting. The Department of Agriculture | ||
with the advice and assistance of
the Illinois Thoroughbred | ||
Breeders Fund Advisory Board may allocate monies
for purse | ||
supplements for such races. In determining whether to allocate
| ||
money and the amount, the Department of Agriculture shall | ||
consider factors,
including but not limited to, the amount of | ||
money transferred into appropriated for the
Illinois | ||
Thoroughbred Breeders Fund program , the number of races that | ||
may
occur, and the organization licensee's purse structure.
| ||
(o) (Blank).
| ||
(Source: P.A. 101-31, eff. 6-28-19.)
| ||
(230 ILCS 5/31) (from Ch. 8, par. 37-31)
| ||
Sec. 31.
(a) The General Assembly declares that it is the | ||
policy of
this State to encourage the breeding of standardbred | ||
horses in this
State and the ownership of such horses by | ||
residents of this State in
order to provide for: sufficient | ||
numbers of high quality standardbred
horses to participate in | ||
harness racing meetings in this State, and to
establish and | ||
preserve the agricultural and commercial benefits of such
| ||
breeding and racing industries to the State of Illinois. It is | ||
the
intent of the General Assembly to further this policy by | ||
the provisions
of this Section of this Act.
| ||
(b) Each organization licensee conducting a harness
racing | ||
meeting pursuant to this Act shall provide for at least two |
races each
race program limited to
Illinois conceived and | ||
foaled horses. A minimum of 6 races shall be
conducted each | ||
week limited to Illinois conceived and foaled horses. No
| ||
horses shall be permitted to start in such races unless duly | ||
registered
under the rules of the Department of Agriculture.
| ||
(b-5) Organization licensees, not including the Illinois | ||
State Fair or the DuQuoin State Fair, shall provide stake | ||
races and early closer races for Illinois conceived and foaled | ||
horses so that purses distributed for such races shall be no | ||
less than 17% of total purses distributed for harness racing | ||
in that calendar year in addition to any stakes payments and | ||
starting fees contributed by horse owners. | ||
(b-10) Each organization licensee conducting a harness | ||
racing meeting
pursuant to this Act shall provide an owner | ||
award to be paid from the purse
account equal to 12% of the | ||
amount earned by Illinois conceived and foaled
horses | ||
finishing in the first 3 positions in races that are not | ||
restricted to Illinois conceived and foaled
horses. The owner | ||
awards shall not be paid on races below the $10,000 claiming | ||
class. | ||
(c) Conditions of races under subsection (b) shall be | ||
commensurate
with past performance, quality and class of | ||
Illinois conceived and
foaled horses available. If, however, | ||
sufficient competition cannot be
had among horses of that | ||
class on any day, the races may, with consent
of the Board, be | ||
eliminated for that day and substitute races provided.
|
(d) There is hereby created a special fund of the State | ||
Treasury to
be known as the Illinois Standardbred Breeders | ||
Fund. Beginning on June 28, 2019 (the effective date of Public | ||
Act 101-31), the Illinois Standardbred Breeders Fund shall | ||
become a non-appropriated trust fund held separate and apart | ||
from State moneys. Expenditures from this Fund shall no longer | ||
be subject to appropriation.
| ||
During the calendar year 1981, and each year thereafter, | ||
except as provided
in subsection (g) of Section 27 of this Act, | ||
eight and one-half
per cent of all the monies received by the | ||
State as privilege taxes on
harness racing meetings shall be | ||
paid into the Illinois Standardbred
Breeders Fund.
| ||
(e) Notwithstanding any provision of law to the contrary, | ||
amounts deposited into the Illinois Standardbred Breeders Fund | ||
from revenues generated by gaming pursuant to an organization | ||
gaming license issued under the Illinois Gambling Act after | ||
June 28, 2019 (the effective date of Public Act 101-31) shall | ||
be in addition to tax and fee amounts paid under this Section | ||
for calendar year 2019 and thereafter. The Illinois | ||
Standardbred Breeders Fund shall be administered by
the | ||
Department of Agriculture with the assistance and advice of | ||
the
Advisory Board created in subsection (f) of this Section.
| ||
(f) The Illinois Standardbred Breeders Fund Advisory Board | ||
is hereby
created. The Advisory Board shall consist of the | ||
Director of the
Department of Agriculture, who shall serve as | ||
Chairman; the
Superintendent of the Illinois State Fair; a |
member of the Illinois
Racing Board, designated by it; a | ||
representative of the largest association of Illinois | ||
standardbred owners and breeders, recommended by it; a
| ||
representative of a statewide association representing | ||
agricultural fairs in Illinois,
recommended by it, such | ||
representative to be from a fair at which
Illinois conceived | ||
and foaled racing is conducted; a representative of
the | ||
organization licensees conducting harness racing
meetings, | ||
recommended by them; a representative of the Breeder's | ||
Committee of the association representing the largest number | ||
of standardbred owners, breeders, trainers, caretakers, and | ||
drivers, recommended by it;
and a representative of the | ||
association representing the largest number of standardbred | ||
owners, breeders, trainers, caretakers, and drivers,
| ||
recommended by it. Advisory Board members shall serve for 2 | ||
years
commencing January 1 of each odd numbered year. If | ||
representatives of
the largest association of Illinois | ||
standardbred owners and breeders, a statewide association of | ||
agricultural fairs in Illinois, the association representing | ||
the largest number of standardbred owners, breeders, trainers, | ||
caretakers, and drivers, a member of the Breeder's Committee | ||
of the association representing the largest number of | ||
standardbred owners, breeders, trainers, caretakers, and | ||
drivers, and the organization licensees conducting
harness | ||
racing meetings
have not been recommended by January 1 of each | ||
odd numbered year, the
Director of the Department of |
Agriculture shall make an appointment for
the organization | ||
failing to so recommend a member of the Advisory Board.
| ||
Advisory Board members shall receive no compensation for their | ||
services
as members but shall be reimbursed for all actual and | ||
necessary expenses
and disbursements incurred in the execution | ||
of their official duties.
| ||
(g) Monies expended
from the Illinois Standardbred | ||
Breeders Fund shall be
expended by the Department of | ||
Agriculture, with the assistance and
advice of the Illinois | ||
Standardbred Breeders Fund Advisory Board for the
following | ||
purposes only:
| ||
1. To provide purses for races limited to Illinois | ||
conceived and
foaled horses at the State Fair and the | ||
DuQuoin State Fair.
| ||
2. To provide purses for races limited to Illinois | ||
conceived and
foaled horses at county fairs.
| ||
3. To provide purse supplements for races limited to | ||
Illinois
conceived and foaled horses conducted by | ||
associations conducting harness
racing meetings.
| ||
4. No less than 75% of all monies in the Illinois | ||
Standardbred
Breeders Fund shall be expended for purses in | ||
1, 2, and 3 as shown above.
| ||
5. In the discretion of the Department of Agriculture | ||
to provide
awards to harness breeders of Illinois | ||
conceived and foaled horses which
win races conducted by | ||
organization licensees
conducting harness racing meetings.
|
A breeder is the owner of a mare at the time of conception. | ||
No more
than 10% of all moneys transferred into monies | ||
appropriated from the Illinois
Standardbred Breeders Fund | ||
shall
be expended for such harness breeders awards. No | ||
more than 25% of the
amount expended for harness breeders | ||
awards shall be expended for
expenses incurred in the | ||
administration of such harness breeders awards.
| ||
6. To pay for the improvement of racing facilities | ||
located at the
State Fair and County fairs.
| ||
7. To pay the expenses incurred in the administration | ||
of the
Illinois Standardbred Breeders Fund.
| ||
8. To promote the sport of harness racing, including | ||
grants up to a
maximum of $7,500 per fair per year for | ||
conducting pari-mutuel wagering during the advertised | ||
dates of a
county fair.
| ||
9. To pay up to $50,000 annually for the Department of | ||
Agriculture to conduct drug testing at county fairs racing | ||
standardbred horses. | ||
(h) The Illinois Standardbred Breeders Fund is not subject | ||
to administrative charges or chargebacks, including, but not | ||
limited to, those authorized under Section 8h of the State | ||
Finance Act.
| ||
(i) A sum equal to 13% of the first prize money of the | ||
gross purse
won by an Illinois conceived and foaled horse | ||
shall be paid 50% by the
organization licensee conducting the | ||
horse race meeting to the breeder
of such winning horse from |
the organization licensee's account and 50% from the purse | ||
account of the licensee.
Such payment
shall not reduce any | ||
award to the owner of
the horse or reduce the taxes payable | ||
under this Act. Such payment
shall be delivered by the | ||
organization licensee at the end of each quarter.
| ||
(j) The Department of Agriculture shall, by rule, with the
| ||
assistance and advice of the Illinois Standardbred Breeders | ||
Fund
Advisory Board:
| ||
1. Qualify stallions for Illinois Standardbred | ||
Breeders Fund breeding. Such stallion shall
stand for
| ||
service at and within the State of Illinois at the time of | ||
a foal's
conception, and such stallion must not stand for | ||
service at any place
outside the State of Illinois during | ||
that calendar year in which the
foal is conceived. | ||
However, on and after January 1, 2018, semen from an | ||
Illinois stallion may be transported outside the State of | ||
Illinois.
| ||
2. Provide for the registration of Illinois conceived | ||
and foaled
horses and no such horse shall compete in the | ||
races limited to Illinois
conceived and foaled horses | ||
unless registered with the Department of
Agriculture. The | ||
Department of Agriculture may prescribe such forms as
may | ||
be necessary to determine the eligibility of such horses. | ||
No person
shall knowingly prepare or cause preparation of | ||
an application for
registration of such foals containing | ||
false information.
A mare (dam) must be in the State at |
least 30 days prior to foaling or
remain in the State at | ||
least 30 days at the time of foaling. However, the | ||
requirement that a mare (dam) must be in the State at least | ||
30 days before foaling or remain in the State at least 30 | ||
days at the time of foaling shall not be in effect from | ||
January 1, 2018 until January 1, 2022.
Beginning with the | ||
1996 breeding season and for foals of 1997 and thereafter,
| ||
a foal conceived by transported semen may be eligible for | ||
Illinois
conceived and foaled registration provided all | ||
breeding and foaling
requirements are met. The stallion | ||
must be qualified for Illinois Standardbred
Breeders Fund | ||
breeding at the time of conception. The foal must be | ||
dropped in Illinois
and properly registered with the | ||
Department of Agriculture in accordance with
this Act. | ||
However, from January 1, 2018 until January 1, 2022, the | ||
requirement for a mare to be inseminated within the State | ||
of Illinois and the requirement for a foal to be dropped in | ||
Illinois are inapplicable.
| ||
3. Provide that at least a 5-day racing program shall | ||
be conducted
at the State Fair each year, unless an | ||
alternate racing program is requested by the Illinois | ||
Standardbred Breeders Fund Advisory Board, which program | ||
shall include at least the
following races limited to | ||
Illinois conceived and foaled horses: (a) a 2-year-old
| ||
Trot and Pace, and Filly Division of each; (b) a | ||
3-year-old Trot and Pace, and Filly Division of each; (c) |
an aged Trot and Pace,
and Mare Division of each.
| ||
4. Provide for the payment of nominating, sustaining | ||
and starting
fees for races promoting the sport of harness | ||
racing and for the races
to be conducted at the State Fair | ||
as provided in
subsection (j) 3 of this Section provided | ||
that the nominating,
sustaining and starting payment | ||
required from an entrant shall not
exceed 2% of the purse | ||
of such race. All nominating, sustaining and
starting | ||
payments shall be held for the benefit of entrants and | ||
shall be
paid out as part of the respective purses for such | ||
races.
Nominating, sustaining and starting fees shall be | ||
held in trust accounts
for the purposes as set forth in | ||
this Act and in accordance with Section
205-15 of the | ||
Department of Agriculture Law.
| ||
5. Provide for the registration with the Department of | ||
Agriculture
of Colt Associations or county fairs desiring | ||
to sponsor races at county
fairs.
| ||
6. Provide for the promotion of producing standardbred | ||
racehorses by providing a bonus award program for owners | ||
of 2-year-old horses that win multiple major stakes races | ||
that are limited to Illinois conceived and foaled horses. | ||
(k) The Department of Agriculture, with the advice and | ||
assistance of the
Illinois
Standardbred Breeders Fund Advisory | ||
Board, may allocate monies for purse
supplements for such | ||
races. In determining whether to allocate money and
the | ||
amount, the Department
of Agriculture shall consider factors, |
including, but not limited to, the
amount of money transferred | ||
into appropriated for the Illinois Standardbred Breeders Fund
| ||
program , the number of races that may occur, and an | ||
organization
licensee's purse structure. The organization | ||
licensee shall notify the
Department of Agriculture of the | ||
conditions and minimum purses for races
limited to Illinois | ||
conceived and foaled horses to be conducted by each | ||
organization
licensee conducting a harness racing meeting for | ||
which purse
supplements have been negotiated.
| ||
(l) All races held at county fairs and the State Fair which | ||
receive funds
from the Illinois Standardbred Breeders Fund | ||
shall be conducted in
accordance with the rules of the United | ||
States Trotting Association unless
otherwise modified by the | ||
Department of Agriculture.
| ||
(m) At all standardbred race meetings held or conducted | ||
under authority of a
license granted by the Board, and at all | ||
standardbred races held at county
fairs which are approved by | ||
the Department of Agriculture or at the
Illinois or DuQuoin | ||
State Fairs, no one shall jog, train, warm up or drive
a | ||
standardbred horse unless he or she is wearing a protective | ||
safety helmet,
with the
chin strap fastened and in place, | ||
which meets the standards and
requirements as set forth in the | ||
1984 Standard for Protective Headgear for
Use in Harness | ||
Racing and Other Equestrian Sports published by the Snell
| ||
Memorial Foundation, or any standards and requirements for | ||
headgear the
Illinois Racing Board may approve. Any other |
standards and requirements so
approved by the Board shall | ||
equal or exceed those published by the Snell
Memorial | ||
Foundation. Any equestrian helmet bearing the Snell label | ||
shall
be deemed to have met those standards and requirements.
| ||
(Source: P.A. 101-31, eff. 6-28-19; 101-157, eff. 7-26-19; | ||
102-558, eff. 8-20-21; 102-689, eff. 12-17-21.)
| ||
Section 5-125. The Illinois Public Aid Code is amended by | ||
changing Section 12-10.7a as follows: | ||
(305 ILCS 5/12-10.7a)
| ||
Sec. 12-10.7a. The Money Follows the Person Budget | ||
Transfer Fund is hereby created as a special fund in the State | ||
treasury. | ||
(a) Notwithstanding any State law to the contrary, the | ||
following moneys shall be deposited into the Fund: | ||
(1) enhanced federal financial participation funds | ||
related to any spending under a Money Follows the Person | ||
demonstration project or initiative, as approved by the | ||
federal Centers for Medicare and Medicaid Services on May | ||
14, 2007, and as codified at 20 ILCS 2407/51 et seq., | ||
regardless of whether such spending occurred from the | ||
Money Follows the Person Budget Transfer Fund; | ||
(2) federal financial participation funds related to | ||
any spending under a Money Follows the Person | ||
demonstration project or initiative, as approved by the |
federal Centers for Medicare and Medicaid Services on May | ||
14, 2007, and as codified at 20 ILCS 2407/51 et seq., that | ||
occurred from the Money Follows the Person Budget Transfer | ||
Fund; | ||
(2.5) other federal funds awarded for a Money Follows
| ||
the Person demonstration project or initiative, as | ||
approved by the federal Centers for Medicare and Medicaid | ||
Services and codified at 20 ILCS 2407/51 et seq.; | ||
(3) deposits made via the voucher-warrant process from | ||
institutional long-term care appropriations to the | ||
Department of Healthcare and Family Services and | ||
institutional developmentally disabled long-term care | ||
appropriations to the Department of Human Services; | ||
(4) deposits made via the voucher-warrant process from | ||
appropriation lines used to fund community-based services | ||
for individuals eligible for nursing facility level of | ||
care to the Department of Human Services, the Department | ||
on Aging, or the Department of Healthcare and Family | ||
Services; | ||
(5) interest earned on moneys in the Fund; and | ||
(6) all other moneys received by the Fund from any | ||
source. | ||
(b) Subject to appropriation, moneys in the Fund may be | ||
used by the Department of Healthcare and Family Services for | ||
reimbursement or payment for: | ||
(1) expenses related to rebalancing long-term care |
services between institutional and community-based | ||
settings as authorized under a Money Follows the Person | ||
demonstration project or initiative, as approved by the | ||
federal Centers for Medicare and Medicaid Services on May | ||
14, 2007, and as codified at 20 ILCS 2407/51 et seq. , | ||
including, but not limited to, reimbursement to other | ||
entities of State government for related expenditures ; | ||
(2) expenses for community-based services for | ||
individuals eligible for nursing facility level of care in | ||
the Department of Human Services, the Department on Aging, | ||
or the Department of Healthcare and Family Services to the | ||
extent the expenses reimbursed or paid are in excess of | ||
the amounts budgeted to those Departments each fiscal year | ||
for persons transitioning out of institutional long-term | ||
care settings under a Money Follows the Person | ||
demonstration project or initiative, as approved by the | ||
federal Centers for Medicare and Medicaid Services on May | ||
14, 2007, and as codified at 20 ILCS 2407/51 et seq.; | ||
(3) expenses for institutional long-term care services | ||
at the Department of Healthcare and Family Services to the | ||
extent that the expenses reimbursed or paid are for | ||
services in excess of the amount budgeted to the | ||
Department each fiscal year for persons who had or | ||
otherwise were expected to transition out of institutional | ||
long-term care settings under a Money Follows the Person | ||
demonstration project or initiative, as approved by the |
federal Centers for Medicare and Medicaid Services on May | ||
14, 2007, and as codified at 20 ILCS 2407/51 et seq.; and | ||
(4) expenses, including operational, administrative, | ||
and refund expenses, necessary to implement and operate a | ||
Money Follows the Person demonstration project or | ||
initiative, as approved by the federal Centers for | ||
Medicare and Medicaid Services on May 14, 2007, and as | ||
codified at 20 ILCS 2407/51 et seq. | ||
Expenses reimbursed or paid on behalf of other agencies by | ||
the Department of Healthcare and Family Services under this | ||
subsection shall be pursuant to an interagency agreement and | ||
allowable under a Money Follows the Person demonstration | ||
project or initiative, as approved by the federal Centers for | ||
Medicare and Medicaid Services on May 14, 2007, and as | ||
codified at 20 ILCS 2407/51 et seq.
| ||
(Source: P.A. 95-744, eff. 7-18-08.) | ||
Section 5-127. The Early Mental Health and Addictions | ||
Treatment Act is amended by adding Section 15 as follows: | ||
(305 ILCS 65/15 new) | ||
Sec. 15. Availability of naloxone formulations. The | ||
Department of Human Services shall, as part of the fiscal year | ||
2024 Drug Overdose Prevention Program, make all FDA-approved | ||
formulations of naloxone that are cleared through the | ||
Minnesota Multistate Contracting Alliance for Pharmacy, and |
for which the manufacturer can set up a system for receiving, | ||
tracking, and distribution, available to eligible Drug | ||
Overdose Prevention Program participants and applicants. | ||
Section 5-130. The Cannabis Regulation and Tax Act is | ||
amended by changing Section 7-10 as follows: | ||
(410 ILCS 705/7-10)
| ||
Sec. 7-10. Cannabis Business Development Fund. | ||
(a) There is created in the State treasury a special fund, | ||
which shall be held separate and apart from all other State | ||
moneys, to be known as the Cannabis Business Development Fund. | ||
The Cannabis Business Development Fund shall be exclusively | ||
used for the following purposes: | ||
(1) to provide low-interest rate loans to Qualified | ||
Social Equity Applicants to pay for ordinary and necessary | ||
expenses to start and operate a cannabis business | ||
establishment permitted by this Act; | ||
(2) to provide grants to Qualified Social Equity | ||
Applicants to pay for ordinary and necessary expenses to | ||
start and operate a cannabis business establishment | ||
permitted by this Act; | ||
(3) to compensate the Department of Commerce and | ||
Economic Opportunity for any costs related to the | ||
provision of low-interest loans and grants to Qualified | ||
Social Equity Applicants; |
(4) to pay for outreach that may be provided or | ||
targeted to attract and support Social Equity Applicants | ||
and Qualified Social Equity Applicants; | ||
(5) (blank); | ||
(6) to conduct any study or research concerning the | ||
participation of minorities, women, veterans, or people | ||
with disabilities in the cannabis industry, including, | ||
without limitation, barriers to such individuals entering | ||
the industry as equity owners of cannabis business | ||
establishments; | ||
(7) (blank); and | ||
(8) to assist with job training and technical | ||
assistance for residents in Disproportionately Impacted | ||
Areas. | ||
(b) All moneys collected under Sections 15-15 and 15-20 | ||
for Early Approval Adult Use Dispensing Organization Licenses | ||
issued before January 1, 2021 and remunerations made as a | ||
result of transfers of permits awarded to Qualified Social | ||
Equity Applicants shall be deposited into the Cannabis | ||
Business Development Fund. | ||
(c) (Blank). As soon as practical after July 1, 2019, the | ||
Comptroller shall order and the Treasurer shall transfer | ||
$12,000,000 from the Compassionate Use of Medical Cannabis | ||
Fund to the Cannabis Business Development Fund. | ||
(c-5) In addition to any other transfers that may be | ||
provided for by law, on July 1, 2023, or as soon thereafter as |
practical, the State Comptroller shall direct and the State | ||
Treasurer shall transfer the sum of $40,000,000 from the | ||
Compassionate Use of Medical Cannabis Fund to the Cannabis | ||
Business Development Fund. | ||
(d) Notwithstanding any other law to the contrary, the | ||
Cannabis Business Development Fund is not subject to sweeps, | ||
administrative charge-backs, or any other fiscal or budgetary | ||
maneuver that would in any way transfer any amounts from the | ||
Cannabis Business Development Fund into any other fund of the | ||
State.
| ||
(Source: P.A. 101-27, eff. 6-25-19; 101-593, eff. 12-4-19.) | ||
Section 5-135. The Environmental Protection Act is amended | ||
by changing Sections 22.15 and 57.11 as follows:
| ||
(415 ILCS 5/22.15)
| ||
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 either the Agency or 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 2024 2023 , 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 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 | ||
the Consumer Electronics Recycling Act and the Drug Take-Back | ||
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 subsection (r) of Section 4 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.
| ||
For the disposal of solid waste from general construction
| ||
or demolition debris recovery facilities as defined in | ||
subsection (a-1) of Section 3.160, 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 50% of the
applicable amount set forth above. A unit | ||
of local government,
as defined in the Local Solid Waste | ||
Disposal Act, in which a
general construction or demolition | ||
debris recovery facility is
located may establish a fee, tax, | ||
or surcharge on the general construction or demolition debris | ||
recovery facility with
regard to the permanent disposal of | ||
solid waste by the
general construction or demolition debris | ||
recovery facility at
a solid waste disposal facility, provided | ||
that such fee, tax,
or surcharge shall not exceed 50% of the | ||
applicable amount set
forth above, based on the total amount | ||
of solid waste transported from the general construction or | ||
demolition debris recovery facility for disposal at solid | ||
waste disposal facilities, and the unit of local government | ||
and fee shall be
subject to all other requirements of this | ||
subsection (j). | ||
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 post on its website, 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; the exemption | ||
set forth in this paragraph (3) of this subsection (k) | ||
shall not apply to general construction or demolition | ||
debris recovery
facilities as defined in subsection (a-1) | ||
of Section 3.160;
| ||
(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. 101-10, eff. 6-5-19; 101-636, eff. 6-10-20; | ||
102-16, eff. 6-17-21; 102-310, eff. 8-6-21; 102-444, eff. | ||
8-20-21; 102-699, eff. 4-19-22; 102-813, eff. 5-13-22; | ||
102-1055, eff. 6-10-22; revised 8-25-22.)
| ||
(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 2024 2023 | ||
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 Law. | ||
(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. 101-10, eff. 6-5-19; 101-636, eff. 6-10-20; | ||
102-16, eff. 6-17-21; 102-699, eff. 4-19-22.) | ||
Section 5-140. The Electric Vehicle Rebate Act is amended | ||
by changing Section 40 as follows:
| ||
(415 ILCS 120/40)
| ||
Sec. 40. Appropriations from the Electric Vehicle Rebate | ||
Fund.
| ||
(a) User Fees Funds. The Agency shall estimate the amount | ||
of user fees
expected to be collected under Section 35 of this | ||
Act for each fiscal
year. User fee funds shall be
deposited | ||
into and distributed from the Electric Vehicle Rebate | ||
Alternate Fuels Fund in the following
manner:
| ||
(1) Through fiscal year 2023, In each of fiscal years | ||
1999, 2000, 2001, 2002, and 2003,
an amount not to exceed | ||
$200,000, and beginning in fiscal year 2004 an
annual |
amount not to exceed $225,000 , may be appropriated to the | ||
Agency
from the Electric Vehicle Rebate Alternate Fuels | ||
Fund to pay its costs of administering the programs
| ||
authorized by Section 27 of this Act. Beginning in fiscal | ||
year 2024 and in each fiscal year thereafter, an annual | ||
amount not to exceed $600,000 may be appropriated to the | ||
Agency from the Electric Vehicle Rebate Fund to pay its | ||
costs of administering the programs authorized by Section | ||
27 of this Act. An Up to $200,000 may be appropriated to
| ||
the Office of the Secretary of State in each of fiscal | ||
years 1999, 2000, 2001, 2002, and 2003 from the Alternate | ||
Fuels Fund to pay the Secretary
of State's costs of | ||
administering the programs authorized under this Act.
| ||
Beginning in fiscal year 2004 and in each fiscal year | ||
thereafter, an amount
not to exceed $225,000 may be | ||
appropriated to the Secretary of State from the Electric | ||
Vehicle Rebate
Alternate Fuels Fund to pay the Secretary | ||
of State's costs of administering the
programs authorized | ||
under this Act.
| ||
(2) In fiscal year 2022 and each fiscal year | ||
thereafter, after appropriation of
the amounts authorized | ||
by item (1) of subsection (a) of this Section, the
| ||
remaining moneys estimated to be
collected during each | ||
fiscal year shall be appropriated.
| ||
(3) (Blank).
| ||
(4) Moneys appropriated to fund the programs |
authorized
in Sections 25 and 30 shall be expended only | ||
after they have been
collected and deposited into the | ||
Electric Vehicle Rebate Alternate Fuels Fund.
| ||
(b) General Revenue Fund Appropriations. General Revenue | ||
Fund amounts
appropriated to and deposited into the Electric | ||
Vehicle Rebate Fund shall be
distributed from the Electric | ||
Vehicle Rebate Fund to fund the program authorized in Section | ||
27.
| ||
(Source: P.A. 102-662, eff. 9-15-21.)
| ||
Section 5-145. The Fire Investigation Act is amended by | ||
changing Section 13.1 as follows:
| ||
(425 ILCS 25/13.1) (from Ch. 127 1/2, par. 17.1)
| ||
Sec. 13.1. Fire Prevention Fund. | ||
(a) There shall be a special fund in the State Treasury
| ||
known as the Fire Prevention Fund.
| ||
(b) The following moneys shall be deposited into the Fund:
| ||
(1) Moneys received by the Department of Insurance | ||
under Section 12 of this Act.
| ||
(2) All fees and reimbursements received by the | ||
Office.
| ||
(3) All receipts from boiler and pressure vessel | ||
certification, as
provided in Section 13 of the Boiler and | ||
Pressure Vessel Safety Act.
| ||
(4) Such other moneys as may be provided by law.
|
(c) The moneys in the Fire Prevention Fund shall be used, | ||
subject to
appropriation, for the following purposes:
| ||
(1) Of the moneys deposited into the fund under | ||
Section 12 of this Act,
12.5% shall be available for the | ||
maintenance of the Illinois Fire Service
Institute and the | ||
expenses, facilities, and structures incident thereto,
and | ||
for making transfers into the General Obligation Bond | ||
Retirement and
Interest Fund for debt service requirements | ||
on bonds issued by the State of
Illinois after January 1, | ||
1986 for the purpose of constructing a training
facility | ||
for use by the Institute. An additional 2.5% of the moneys | ||
deposited into the Fire Prevention Fund shall be available | ||
to the Illinois Fire Service Institute for support of the | ||
Cornerstone Training Program.
| ||
(2) Of the moneys deposited into the Fund under | ||
Section 12 of this Act,
10% shall be available for the | ||
maintenance of the Chicago Fire Department
Training | ||
Program and the expenses, facilities, and structures | ||
incident
thereto, in addition to any moneys payable from | ||
the Fund to the City of
Chicago pursuant to the Illinois | ||
Fire Protection Training Act.
| ||
(3) For making payments to local governmental agencies | ||
and individuals
pursuant to Section 10 of the Illinois | ||
Fire Protection Training Act.
| ||
(4) For the maintenance and operation of the Office of | ||
the State Fire
Marshal, and the expenses incident thereto.
|
(4.5) For the maintenance, operation, and capital | ||
expenses of the Mutual Aid Box Alarm System (MABAS). | ||
(4.6) For grants awarded by the Small Fire-fighting | ||
and Ambulance Service Equipment Grant Program established | ||
by Section 2.7 of the State Fire Marshal Act. | ||
(4.7) For grants awarded under the Fire Station
| ||
Rehabilitation and Construction Grant Program established | ||
by Section 2.8 of the State Fire Marshal Act. | ||
(5) For any other purpose authorized by law.
| ||
(c-5) As soon as possible after April 8, 2008 (the | ||
effective date of Public Act 95-717), the Comptroller shall | ||
order the transfer and the Treasurer shall transfer $2,000,000 | ||
from the Fire Prevention Fund to the Fire Service and Small | ||
Equipment Fund, $9,000,000 from the Fire Prevention Fund to | ||
the Fire Truck Revolving Loan Fund, and $4,000,000 from the | ||
Fire Prevention Fund to the Ambulance Revolving Loan Fund. | ||
Beginning on July 1, 2008, each month, or as soon as practical | ||
thereafter, an amount equal to $2 from each fine received | ||
shall be transferred from the Fire Prevention Fund to the Fire | ||
Service and Small Equipment Fund, an amount equal to $1.50 | ||
from each fine received shall be transferred from the Fire | ||
Prevention Fund to the Fire Truck Revolving Loan Fund, and an | ||
amount equal to $4 from each fine received shall be | ||
transferred from the Fire Prevention Fund to the Ambulance | ||
Revolving Loan Fund. These moneys shall be transferred from | ||
the moneys deposited into the Fire Prevention Fund pursuant to |
Public Act 95-154, together with not more than 25% of any | ||
unspent appropriations from the prior fiscal year. These | ||
moneys may be allocated to the Fire Truck Revolving Loan Fund, | ||
Ambulance Revolving Loan Fund, and Fire Service and Small | ||
Equipment Fund at the discretion of the Office for the purpose | ||
of implementation of this Act.
| ||
(d) Any portion of the Fire Prevention Fund remaining | ||
unexpended at the
end of any fiscal year which is not needed | ||
for the maintenance and expenses of the
Office or the | ||
maintenance and expenses of the
Illinois Fire Service | ||
Institute shall remain in the Fire Prevention Fund for the | ||
exclusive and restricted uses provided in subsections
(c) and | ||
(c-5) of this Section.
| ||
(e) The Office shall keep on file an itemized
statement of | ||
all expenses incurred which are payable from the Fund, other
| ||
than expenses incurred by the Illinois Fire Service Institute, | ||
and shall
approve all vouchers issued therefor before they are | ||
submitted to the State
Comptroller for payment. Such vouchers | ||
shall be allowed and paid in the
same manner as other claims | ||
against the State.
| ||
(Source: P.A. 101-82, eff. 1-1-20; 102-558, eff. 8-20-21.)
| ||
Section 5-150. The Open Space Lands Acquisition and | ||
Development Act is amended by changing Section 3 as follows:
| ||
(525 ILCS 35/3) (from Ch. 85, par. 2103)
|
Sec. 3. From appropriations made from the Capital | ||
Development Fund,
Build Illinois Bond Fund or other
available | ||
or designated funds for such
purposes, the Department shall | ||
make grants to local governments as
financial assistance for | ||
the capital
development and improvement of park, recreation or | ||
conservation
areas, marinas and shorelines, including planning | ||
and engineering costs, and for the
acquisition of open space | ||
lands, including
acquisition of easements and other property | ||
interests less than fee simple
ownership if the Department | ||
determines that such property
interests are sufficient to | ||
carry out the purposes of this Act, subject to
the conditions | ||
and limitations set forth in this Act.
| ||
No more than 10% of the amount so appropriated for any | ||
fiscal year may
be committed or expended on any one project | ||
described in an application
under this Act.
| ||
Except for grants awarded from new appropriations in | ||
fiscal year 2023 and fiscal year 2024 , any grant under this Act | ||
to a local government shall be conditioned upon
the state | ||
providing assistance on a 50/50 matching basis for the | ||
acquisition
of open space lands and for capital development
| ||
and improvement proposals. However, a local government defined | ||
as "distressed" under criteria adopted by the Department | ||
through administrative rule shall be eligible for assistance | ||
up to 90% for the acquisition
of open space lands and for | ||
capital development
and improvement proposals, provided that | ||
no more than 10% of the amount appropriated under this Act in |
any fiscal year is made available as grants to distressed | ||
local governments. For grants awarded from new appropriations | ||
in fiscal year 2023 and fiscal year 2024 only, a local | ||
government defined as "distressed" is eligible for assistance | ||
up to 100% for the acquisition of open space lands and for | ||
capital development and improvement proposals. The Department | ||
may make more than 10% of the amount appropriated in fiscal | ||
year 2023 and fiscal year 2024 available as grants to | ||
distressed local governments.
| ||
An advance payment of a minimum of 50% of any grant made to | ||
a unit of local government under this Act must be paid to the | ||
unit of local government at the time the Department awards the | ||
grant. A unit of local government may opt out of the advanced | ||
payment option at the time of the award of the grant. The | ||
remainder of the grant shall be distributed to the local | ||
government quarterly on a reimbursement basis. The Department | ||
shall consider an applicant's request for an extension to a | ||
grant under this Act if (i) the advanced payment is expended or | ||
legally obligated within the 2 years required by Section 5 of | ||
the Illinois Grant Funds Recovery Act or (ii) no advanced | ||
payment was made. | ||
(Source: P.A. 102-200, eff. 7-30-21; 102-699, eff. 4-19-22.)
| ||
Section 5-153. The Illinois Highway Code is amended by | ||
changing Section 6-901 as follows:
|
(605 ILCS 5/6-901) (from Ch. 121, par. 6-901)
| ||
Sec. 6-901.
Annually, the General Assembly shall | ||
appropriate to the
Department of Transportation from the road | ||
fund, the general revenue
fund, any other State funds or a | ||
combination of those funds, $60,000,000 $15,000,000
for | ||
apportionment to counties for the use of road districts for | ||
the
construction of bridges 20 feet or more in length, as | ||
provided in
Sections 6-902 through 6-905.
| ||
The Department of Transportation shall apportion among the | ||
several
counties of this State for the use of road districts | ||
the amounts
appropriated under this Section. The amount | ||
apportioned to a county
shall be in the proportion which the | ||
total mileage of township or
district roads in the county | ||
bears to the total mileage of all township
and district roads | ||
in the State. Each county shall allocate to the
several road | ||
districts in the county the funds so apportioned to the
| ||
county. The allocation to road districts shall be made in the | ||
same
manner and be subject to the same conditions and | ||
qualifications as are
provided by Section 8 of the "Motor Fuel | ||
Tax Law", approved March 25,
1929, as amended, with respect to | ||
the allocation to road districts of
the amount allotted from | ||
the Motor Fuel Tax Fund for apportionment to
counties for the | ||
use of road districts, but no allocation shall be made
to any | ||
road district that has not levied taxes for road and bridge
| ||
purposes and for bridge construction purposes at the maximum | ||
rates
permitted by Sections 6-501, 6-508 and 6-512 of this |
Act, without
referendum. "Road district" and "township or | ||
district road" have the
meanings ascribed to those terms in | ||
this Act.
| ||
Road districts in counties in which a property tax | ||
extension limitation is
imposed under the Property Tax | ||
Extension Limitation Law that are made
ineligible for receipt | ||
of this appropriation due to the imposition of a
property tax | ||
extension limitation may become eligible if, at the time the
| ||
property tax extension limitation was imposed, the road | ||
district was levying at
the required rate and continues to | ||
levy the maximum allowable amount
after the imposition of the | ||
property tax extension limitation. The road
district
also | ||
becomes
eligible if it levies at or above the rate required for | ||
eligibility by Section
8 of the
Motor Fuel Tax Law.
| ||
The amounts apportioned under this Section for allocation | ||
to road
districts may be used only for bridge construction as | ||
provided in this
Division. So much of those amounts as are not | ||
obligated under Sections
6-902 through 6-904 and for which | ||
local funds have not been committed
under Section 6-905 within | ||
48 months of the date
when such apportionment is
made lapses | ||
and shall not be paid to the county treasurer for
distribution | ||
to road districts.
| ||
(Source: P.A. 96-366, eff. 1-1-10.)
| ||
Section 5-155. The Illinois Vehicle Code is amended by | ||
changing Sections 3-626, 3-658, 3-667, and 3-692 as follows:
|
(625 ILCS 5/3-626)
| ||
Sec. 3-626. Korean War Veteran license plates.
| ||
(a) In addition to any other special license plate, the | ||
Secretary, upon
receipt of all applicable fees and | ||
applications made in the form prescribed by
the Secretary of | ||
State, may issue special registration plates designated as
| ||
Korean War Veteran license plates to
residents of Illinois who | ||
participated in the United States Armed Forces during
the | ||
Korean War. The special plate issued under this Section shall | ||
be affixed
only to passenger vehicles of the first division, | ||
motorcycles,
motor vehicles of the second
division weighing | ||
not more than 8,000 pounds, and recreational vehicles as
| ||
defined by Section 1-169 of this Code. Plates issued under | ||
this Section shall
expire according to the staggered | ||
multi-year procedure established by Section
3-414.1 of this | ||
Code.
| ||
(b) The design, color, and format of the plates shall be | ||
wholly
within the discretion of the Secretary of State. The | ||
Secretary may, in his or
her discretion, allow the plates to be | ||
issued as vanity plates or personalized
in accordance with | ||
Section 3-405.1 of this Code. The plates are not required
to | ||
designate "Land Of Lincoln", as prescribed in subsection (b) | ||
of Section
3-412 of this Code. The Secretary shall prescribe | ||
the eligibility requirements
and, in his or her discretion, | ||
shall approve and prescribe stickers or decals
as provided |
under Section 3-412.
| ||
(c) (Blank).
| ||
(d) The Korean War Memorial Construction Fund is created | ||
as a special fund
in the State treasury. All moneys in the | ||
Korean War Memorial Construction Fund
shall, subject to | ||
appropriation, be used by the Department of Veterans' Affairs
| ||
to provide grants for construction of the Korean War Memorial | ||
to be located at
Oak Ridge Cemetery in Springfield, Illinois. | ||
Upon the completion of the
Memorial, the Department of | ||
Veterans' Affairs shall certify to the State
Treasurer that | ||
the construction of the Memorial has been completed. At the | ||
direction of and upon notification of the Secretary of State, | ||
the State Comptroller shall direct and Upon the
certification | ||
by the Department of Veterans' Affairs, the State Treasurer | ||
shall
transfer all moneys in the Fund and any future deposits | ||
into the Fund into the
Secretary of State Special License | ||
Plate
Fund. Upon completion of the transfer, the Korean War | ||
Memorial Construction Fund is dissolved.
| ||
(e) An individual who has been issued Korean War Veteran | ||
license plates
for a vehicle
and who has been approved for | ||
benefits under the Senior Citizens and Persons with | ||
Disabilities Property Tax Relief Act shall pay
the original | ||
issuance and the regular annual fee for the registration of | ||
the
vehicle as provided in Section 3-806.3 of this Code.
| ||
(Source: P.A. 99-127, eff. 1-1-16; 99-143, eff. 7-27-15; | ||
99-642, eff. 7-28-16; 100-143, eff. 1-1-18 .)
|
(625 ILCS 5/3-658)
| ||
Sec. 3-658. Professional Sports Teams license plates.
| ||
(a) The Secretary, upon receipt of an application made in | ||
the form
prescribed by the Secretary, may issue special | ||
registration plates designated
as Professional Sports Teams | ||
license plates. The special plates issued under
this Section
| ||
shall be affixed only to passenger vehicles of the first | ||
division, motorcycles, and motor
vehicles of the second | ||
division weighing not more than 8,000 pounds. Plates
issued | ||
under this Section shall expire according to the multi-year | ||
procedure
established by Section 3-414.1 of this Code.
| ||
(b) The design and color of the plates is wholly within the | ||
discretion of
the Secretary, except that the plates shall, | ||
subject to the permission of the
applicable team owner, | ||
display the logo of the Chicago Bears, the Chicago
Bulls, the | ||
Chicago Blackhawks, the Chicago Cubs, the
Chicago White Sox, | ||
the Chicago Sky, the Chicago Red Stars, the Chicago Fire, or | ||
the St. Louis Cardinals, at the
applicant's option. The | ||
Secretary may allow the plates to be issued as vanity
or | ||
personalized plates under Section 3-405.1 of the Code. The | ||
Secretary shall
prescribe stickers or decals as provided under | ||
Section 3-412 of this Code.
| ||
(c) An applicant for the special plate shall be charged a | ||
$40 fee for
original issuance in addition to the appropriate | ||
registration fee. Until July 1, 2023, of Of this
fee, $25 shall |
be deposited into the Professional Sports Teams Education Fund
| ||
and $15 shall be deposited into the Secretary of State Special | ||
License Plate
Fund, to be used by the Secretary to help defray | ||
the administrative processing
costs. Beginning July 1, 2023, | ||
of this fee, $25 shall be deposited into the Common School Fund | ||
and $15 shall be deposited into the Secretary of State Special | ||
License Plate Fund, to be used by the Secretary to help defray | ||
the administrative processing costs.
| ||
For each registration renewal period, a $27 fee, in | ||
addition to the
appropriate registration fee, shall be | ||
charged. Until July 1, 2023, of Of this fee, $25 shall be
| ||
deposited into the Professional Sports Teams Education Fund | ||
and $2 shall be
deposited into the Secretary of State Special | ||
License Plate Fund. Beginning July 1, 2023, of this fee, $25 | ||
shall be deposited into the Common School Fund and $2 shall be | ||
deposited into the Secretary of State Special License Plate | ||
Fund.
| ||
(d) The Professional Sports Teams Education Fund is | ||
created as a special
fund in the State treasury. Until July 1, | ||
2023, the The Comptroller shall order transferred and the | ||
Treasurer shall transfer all moneys in the Professional Sports | ||
Teams Education Fund to the Common School Fund every 6 months.
| ||
(e) On July 1, 2023, or as soon thereafter as practical, | ||
the State Comptroller shall direct and the State Treasurer | ||
shall transfer the remaining balance from the Professional | ||
Sports Teams Education Fund into the Common School Fund. Upon |
completion of the transfer, the Professional Sports Teams | ||
Education Fund is dissolved, and any future deposits due to | ||
that Fund and any outstanding obligations or liabilities of | ||
that Fund shall pass to the Common School Fund. | ||
(Source: P.A. 102-1099, eff. 1-1-23 .)
| ||
(625 ILCS 5/3-667)
| ||
Sec. 3-667. Korean Service license plates. | ||
(a) In addition to any other special license plate, the | ||
Secretary, upon
receipt of all applicable fees and | ||
applications made in the form prescribed by
the Secretary of | ||
State, may issue special registration plates designated as
| ||
Korean Service license plates to
residents of Illinois who, on | ||
or after July 27, 1954, participated in the United States | ||
Armed Forces in Korea. The special plate issued under this | ||
Section shall be affixed
only to passenger vehicles of the | ||
first division, motorcycles,
motor vehicles of the second
| ||
division weighing not more than 8,000 pounds, and recreational | ||
vehicles as
defined by Section 1-169 of this Code. Plates | ||
issued under this Section shall
expire according to the | ||
staggered multi-year procedure established by Section
3-414.1 | ||
of this Code. | ||
(b) The design, color, and format of the plates shall be | ||
wholly
within the discretion of the Secretary of State. The | ||
Secretary may, in his or
her discretion, allow the plates to be | ||
issued as vanity or personalized
plates in accordance with |
Section 3-405.1 of this Code. The plates are not required
to | ||
designate "Land of
Lincoln", as prescribed in subsection (b) | ||
of Section
3-412 of this Code. The Secretary shall prescribe | ||
the eligibility requirements
and, in his or her discretion, | ||
shall approve and prescribe stickers or decals
as provided | ||
under Section 3-412.
| ||
(c) (Blank). An applicant shall be charged a $2 fee for | ||
original issuance
in addition to the applicable registration | ||
fee. This additional fee shall be deposited into the Korean | ||
War Memorial Construction Fund a special fund in the State | ||
treasury.
| ||
(d) An individual who has been issued Korean Service | ||
license plates
for a vehicle
and who has been approved for | ||
benefits under the Senior Citizens and Persons with | ||
Disabilities Property Tax Relief Act shall pay
the original | ||
issuance and the regular annual fee for the registration of | ||
the
vehicle as provided in Section 3-806.3 of this Code in | ||
addition to the fees
specified in subsection (c) of this | ||
Section.
| ||
(Source: P.A. 99-143, eff. 7-27-15.)
| ||
(625 ILCS 5/3-692)
| ||
Sec. 3-692. Soil and Water Conservation District Plates. | ||
(a) In addition to any other special license plate, the | ||
Secretary, upon receipt of all applicable fees and | ||
applications made in the form prescribed by the Secretary of |
State, may issue Soil and Water Conservation District license | ||
plates. The special Soil and Water Conservation District plate | ||
issued under this Section shall be affixed only to passenger | ||
vehicles of the first division and motor vehicles of the | ||
second division weighing not more than 8,000 pounds. Plates | ||
issued under this Section shall expire according to the | ||
staggered multi-year procedure established by Section 3-414.1 | ||
of this Code. | ||
(b) The design, color, and format of the plates shall be | ||
wholly within the discretion of the Secretary of State. | ||
Appropriate documentation, as determined by the Secretary, | ||
must accompany each application. The Secretary, in his or her | ||
discretion, shall approve and prescribe stickers or decals as | ||
provided under Section 3-412. | ||
(c) An applicant for the special plate shall be charged a | ||
$40 fee for original issuance in addition to the appropriate | ||
registration fee. Of this fee, $25 shall be deposited into the | ||
Soil and Water Conservation District Fund and $15 shall be | ||
deposited into the Secretary of State Special License Plate | ||
Fund, to be used by the Secretary to help defray the | ||
administrative processing costs.
For each registration renewal | ||
period, a $27 fee, in addition to the appropriate registration | ||
fee, shall be charged. Of this fee, $25 shall be deposited into | ||
the Soil and Water Conservation District Fund and $2 shall be | ||
deposited into the Secretary of State Special License Plate | ||
Fund. |
(d) The Soil and Water Conservation District Fund is | ||
created as a special fund in the State treasury. All money in | ||
the Soil and Water Conservation District Fund shall be paid, | ||
subject to appropriation by the General Assembly and | ||
distribution by the Secretary, as grants to Illinois soil and | ||
water conservation districts for projects that conserve and | ||
restore soil and water in Illinois. 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 of | ||
the State Finance Act.
| ||
(e) Notwithstanding any other provision of law, on July 1, | ||
2023, or as soon thereafter as practical, the State | ||
Comptroller shall direct and the State Treasurer shall | ||
transfer the remaining balance from the Soil and Water | ||
Conservation District Fund into the Partners for Conservation | ||
Fund. Upon completion of the transfers, the Soil and Water | ||
Conservation District Fund is dissolved, and any future | ||
deposits due to that Fund and any outstanding obligations or | ||
liabilities of that Fund shall pass to the Partners for | ||
Conservation Fund. | ||
(f) This Section is repealed on January 1, 2024. | ||
(Source: P.A. 96-1377, eff. 1-1-11; 97-333, eff. 8-12-11; | ||
97-409, eff. 1-1-12.)
| ||
Section 5-160. The Unified Code of Corrections is amended |
by changing Sections 3-12-3a, 3-12-6, and 3-12-13 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.
| ||
Beginning in In fiscal year years 2021 through 2023 , the | ||
Department shall oversee the 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. Beginning in For | ||
fiscal year years 2021 through 2023 , the 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; 102-16, eff. 6-17-21; | ||
102-699, eff. 4-19-22.)
| ||
(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 may shall establish | ||
commercial, business, and manufacturing programs for the | ||
production sale of finished goods and processed food and | ||
beverages to the State, its political units, agencies, and | ||
other public institutions. Illinois Correctional Industries | ||
may 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 programming 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 years 2021 through |
2023, 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 teach
direct | ||
the production of goods and shall employ committed persons
| ||
assigned by the facility 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; 102-16, eff. 6-17-21; | ||
102-699, eff. 4-19-22.)
| ||
(730 ILCS 5/3-12-13) (from Ch. 38, par. 1003-12-13)
| ||
Sec. 3-12-13. Sale of Property. Whenever a responsible | ||
officer of the
Correctional Industries Division of the | ||
Department seeks to dispose of property
pursuant to the " State | ||
Property Control Act " , proceeds received by the Administrator
| ||
under that Act from the sale of property under the control of | ||
the Division
of Correctional Industries of the Department | ||
shall be deposited into the General Revenue Fund
Working | ||
Capital Revolving Fund of the Correction Industries Division | ||
if
such property was originally purchased with funds | ||
therefrom .
|
(Source: P.A. 81-1507.)
| ||
(730 ILCS 5/3-12-11 rep.)
| ||
Section 5-165. The Unified Code of Corrections is amended | ||
by repealing Section 3-12-11. | ||
Section 5-167. The Illinois Crime Reduction Act of 2009 is | ||
amended by changing Section 20 as follows: | ||
(730 ILCS 190/20) | ||
Sec. 20. Adult Redeploy Illinois.
| ||
(a) Purpose. When offenders are accurately assessed for | ||
risk, assets, and needs, it is possible to identify which | ||
people should be sent to prison and which people can be | ||
effectively supervised in the locality. By providing financial | ||
incentives to counties or judicial circuits to create | ||
effective local-level evidence-based services, it is possible | ||
to reduce crime and recidivism at a lower cost to taxpayers. | ||
Based on this model, this Act hereby creates the Adult | ||
Redeploy Illinois program for probation-eligible offenders in | ||
order to increase public safety and encourage the successful | ||
local supervision of eligible offenders and their | ||
reintegration into the locality. | ||
(b) The Adult Redeploy Illinois program shall reallocate | ||
State funds to local jurisdictions that successfully establish | ||
a process to assess offenders and provide a continuum of |
locally based sanctions and treatment alternatives for | ||
offenders who would be incarcerated in a State facility if | ||
those local services and sanctions did not exist. The | ||
allotment of funds shall be based on a formula that rewards | ||
local jurisdictions for the establishment or expansion of | ||
local supervision programs and requires them to pay the amount | ||
determined in subsection (e) if incarceration targets as | ||
defined in subsection (e) are not met. | ||
(c) Each county or circuit participating in the Adult | ||
Redeploy Illinois program shall create a local plan describing | ||
how it will protect public safety and reduce the county or | ||
circuit's utilization of incarceration in State facilities or | ||
local county jails by the creation or expansion of | ||
individualized services or programs. | ||
(d) Based on the local plan, a county or circuit shall | ||
enter into an agreement with the Adult Redeploy Oversight | ||
Board described in subsection (e) to reduce the number of | ||
commitments of probation-eligible offenders to State | ||
correctional facilities from that county or circuit. The | ||
agreement shall include a pledge from the county or circuit to | ||
reduce their commitments by 25% of the level of commitments | ||
from the average number of commitments for the past 3 years of | ||
eligible offenders. In return, the county or circuit shall | ||
receive, based upon a formula described in subsection (e), | ||
funds to redeploy for local programming for offenders who | ||
would otherwise be incarcerated such as management and |
supervision, electronic monitoring, and drug testing. The | ||
county or circuit shall also be penalized, as described in | ||
subsection (e), for failure to reach the goal of reduced | ||
commitments stipulated in the agreement. | ||
(d-5) Subject to appropriation to the Illinois Criminal | ||
Justice Information Authority, the Adult Redeploy Illinois | ||
Oversight Board described in subsection (e) may provide grant | ||
funds to qualified organizations that can assist local | ||
jurisdictions in training, development, and technical | ||
assistance. | ||
(e) Adult Redeploy Illinois Oversight Board; members; | ||
responsibilities. | ||
(1) The Secretary of Human Services and the Director | ||
of Corrections shall within 3 months after January 1, 2010 | ||
( the effective date of Public Act 96-761) this Act convene | ||
and act as co-chairs of an oversight board to oversee the | ||
Adult Redeploy Program. The Board shall include, but not | ||
be limited to, designees from the Prisoner Review Board, | ||
Office of the Attorney General, Illinois Criminal Justice | ||
Information Authority, and Sentencing Policy Advisory | ||
Council; the Cook County State's Attorney or a designee ; a | ||
State's Attorney selected by the President of the Illinois | ||
State's Attorneys Association; the State Appellate | ||
Defender or a designee ; the Cook County Public Defender or | ||
a designee ; a representative of Cook County Adult | ||
Probation, a representative of DuPage County Adult |
Probation; a representative of Sangamon County Adult | ||
Probation; and 4 representatives from non-governmental | ||
organizations, including service providers. Members shall | ||
serve without compensation but shall be reimbursed for | ||
actual expenses incurred in the performance of their | ||
duties. | ||
(2) The Oversight Board shall within one year after | ||
January 1, 2010 ( the effective date of Public Act 96-761) | ||
this Act : | ||
(A) Develop a process to solicit applications from | ||
and identify jurisdictions to be included in the Adult | ||
Redeploy Illinois program. | ||
(B) Define categories of membership for local | ||
entities to participate in the creation and oversight | ||
of the local Adult Redeploy Illinois program. | ||
(C) Develop a formula for the allotment of funds | ||
to local jurisdictions for local and community-based | ||
services in lieu of commitment to the Department of | ||
Corrections and a penalty amount for failure to reach | ||
the goal of reduced commitments stipulated in the | ||
plans. | ||
(D) Develop a standard format for the local plan | ||
to be submitted by the local entity created in each | ||
county or circuit. | ||
(E) Identify and secure resources sufficient to | ||
support the administration and evaluation of Adult |
Redeploy Illinois. | ||
(F) Develop a process to support ongoing | ||
monitoring and evaluation of Adult Redeploy Illinois. | ||
(G) Review local plans and proposed agreements and | ||
approve the distribution of resources. | ||
(H) Develop a performance measurement system that | ||
includes but is not limited to the following key | ||
performance indicators: recidivism, rate of | ||
revocations, employment rates, education achievement, | ||
successful completion of substance abuse treatment | ||
programs, and payment of victim restitution. Each | ||
county or circuit shall include the performance | ||
measurement system in its local plan and provide data | ||
annually to evaluate its success.
| ||
(I) Report annually the results of the performance | ||
measurements on a timely basis to the Governor and | ||
General Assembly.
| ||
(3) The Oversight Board shall: | ||
(A) Develop a process to solicit grant
| ||
applications from eligible training, development, and | ||
technical assistance organizations. | ||
(B) Review grant applications and proposed grant
| ||
agreements and approve the distribution of resources. | ||
(C) Develop a process to support ongoing
| ||
monitoring of training, development, and technical | ||
assistance grantees. |
(Source: P.A. 100-999, eff. 1-1-19 .) | ||
Section 5-170. 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 2025 2024 , 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. 101-10, eff. 6-5-19; 101-636, eff. 6-10-20; | ||
102-16, eff. 6-17-21; 102-699, eff. 4-19-22.) | ||
Section 5-175. The Line of Duty Compensation Act is | ||
amended by changing Section 3 as follows:
| ||
(820 ILCS 315/3)
(from Ch. 48, par. 283)
| ||
Sec. 3. Duty death benefit. | ||
(a) If a claim therefor is made within 2 years one
year of | ||
the date of death of a law enforcement officer, civil
defense | ||
worker, civil air patrol member, paramedic, fireman, chaplain, | ||
or
State employee killed in the line of duty,
or if a claim | ||
therefor is made within 2 years of the date of death of an | ||
Armed Forces member killed in the line of duty, compensation | ||
shall be paid to the person designated by the law
enforcement | ||
officer, civil defense worker, civil air patrol member, | ||
paramedic,
fireman, chaplain, State employee, or Armed Forces | ||
member. However, if the Armed Forces member was killed in the |
line of duty before
October 18, 2004, the
claim must be made | ||
within one year of October 18, 2004. In addition, if a death | ||
occurred after December 31, 2016 and before January 1, 2021, | ||
the claim may be made no later than December 31, 2022 | ||
notwithstanding any other deadline established under this Act | ||
with respect to filing a claim for a duty death benefit.
| ||
(b)
The amount of compensation, except for an Armed Forces | ||
member, shall be $10,000 if the death in the
line of duty | ||
occurred prior to January 1, 1974; $20,000 if
such death | ||
occurred after December 31, 1973 and before July 1, 1983;
| ||
$50,000 if such death occurred on or after July 1, 1983 and | ||
before January 1,
1996; $100,000 if the death occurred on or | ||
after January 1, 1996 and
before May 18, 2001; $118,000 if the | ||
death occurred on or after May
18, 2001 and before July 1, | ||
2002; and $259,038 if the death occurred on or after July 1, | ||
2002 and before January
1, 2003. For an Armed Forces member | ||
killed in the line of duty (i) at any time before January 1, | ||
2005, the compensation is $259,038 plus amounts equal to the | ||
increases for 2003 and 2004 determined under subsection (c) | ||
and (ii) on or after January 1, 2005, the compensation is the | ||
amount determined under item (i) plus the applicable increases | ||
for 2005 and thereafter determined under subsection (c).
| ||
(c) Except as provided in subsection (b), for deaths | ||
occurring on or after January 1, 2003, the death
compensation | ||
rate for death in the line of duty occurring in a particular
| ||
calendar year shall be the death compensation rate for death |
occurring in the
previous calendar year (or in the case of | ||
deaths occurring in 2003, the rate
in effect on December 31, | ||
2002) increased by a percentage thereof equal to
the | ||
percentage increase, if any, in the index known as the | ||
Consumer Price
Index for All Urban Consumers: U.S. city | ||
average, unadjusted, for all items,
as published by the United | ||
States Department of Labor, Bureau of Labor
Statistics, for | ||
the 12 months ending with the month of June of that previous
| ||
calendar year.
| ||
(d) If no beneficiary is designated or if no designated | ||
beneficiary survives at the death of the law
enforcement | ||
officer, civil defense worker, civil air patrol member,
| ||
paramedic, fireman, chaplain, or State employee
killed in the | ||
line of
duty, the compensation shall be paid in accordance | ||
with a legally binding will left by the law
enforcement | ||
officer, civil defense worker, civil air patrol member,
| ||
paramedic, fireman, chaplain, or State employee. If the law
| ||
enforcement officer, civil defense worker, civil air patrol | ||
member,
paramedic, fireman, chaplain, or State employee did | ||
not leave a legally binding will, the compensation shall be | ||
paid as follows:
| ||
(1) when there is a surviving spouse, the entire sum | ||
shall be paid to
the spouse;
| ||
(2) when there is no surviving spouse, but a surviving | ||
descendant of the
decedent, the entire sum shall be paid | ||
to the decedent's descendants per
stirpes;
|
(3) when there is neither a surviving spouse nor a | ||
surviving descendant,
the entire sum shall be paid to the | ||
parents of the decedent in equal parts,
allowing to the | ||
surviving parent, if one is dead, the entire sum; and
| ||
(4) when there is no surviving spouse, descendant or | ||
parent of the
decedent, but there are surviving brothers | ||
or sisters, or descendants of a
brother or sister, who | ||
were receiving their principal support from the
decedent | ||
at his death, the entire sum shall be paid, in equal parts, | ||
to the
dependent brothers or sisters or dependent | ||
descendant of a brother or
sister. Dependency shall be | ||
determined by the Court of Claims based upon
the | ||
investigation and report of the Attorney General.
| ||
The changes made to this subsection (d) by this amendatory Act | ||
of the 94th General Assembly apply to any pending case as long | ||
as compensation has not been paid to any party before the | ||
effective date of this amendatory Act of the 94th General | ||
Assembly.
| ||
(d-1) For purposes of subsection (d), in the case of a | ||
person killed in the line of duty who was born out of wedlock | ||
and was not an adoptive child at the time of the person's | ||
death, a person shall be deemed to be a parent of the person | ||
killed in the line of duty only if that person would be an | ||
eligible parent, as defined in Section 2-2 of the Probate Act | ||
of 1975, of the person killed in the line of duty. This | ||
subsection (d-1) applies to any pending claim if compensation |
was not paid to the claimant of the pending claim before the | ||
effective date of this amendatory Act of the 94th General | ||
Assembly.
| ||
(d-2) If no beneficiary is designated or if no designated | ||
beneficiary survives at the death of the Armed Forces member | ||
killed in the line of duty, the compensation shall be paid in | ||
entirety according to the designation made on the most recent | ||
version of the Armed Forces member's Servicemembers' Group | ||
Life Insurance Election and Certificate ("SGLI"). | ||
If no SGLI form exists at the time of the Armed Forces | ||
member's death, the compensation shall be paid in accordance | ||
with a legally binding will left by the Armed Forces member. | ||
If no SGLI form exists for the Armed Forces member and the | ||
Armed Forces member did not leave a legally binding will, the | ||
compensation shall be paid to the persons and in the priority | ||
as set forth in paragraphs (1) through (4) of subsection (d) of | ||
this Section. | ||
This subsection (d-2) applies to any pending case as long | ||
as compensation has not been paid to any party before the | ||
effective date of this amendatory Act of the 94th General | ||
Assembly.
| ||
(e) If there is no beneficiary designated or if no | ||
designated beneficiary survives at the death of the
law | ||
enforcement officer, civil defense worker, civil air patrol | ||
member,
paramedic, fireman, chaplain, State employee, or Armed | ||
Forces member
killed in the line of duty
and there is no other |
person or entity to whom compensation is payable under this | ||
Section, no compensation shall be payable
under this Act.
| ||
(f) No part of such compensation may be paid to any other | ||
person for any
efforts in securing such compensation.
| ||
(g) This amendatory Act of the 93rd General Assembly | ||
applies to claims made on or after October 18, 2004 with | ||
respect to an Armed Forces member killed in the line of duty.
| ||
(h) In any case for which benefits have not been paid | ||
within 6 months of the claim being filed in accordance with | ||
this Section, which is pending as of the effective date of this | ||
amendatory Act of the 96th General Assembly, and in which | ||
there are 2 or more beneficiaries, at least one of whom would | ||
receive at least a portion of the total benefit regardless of | ||
the manner in which the Court of Claims resolves the claim, the | ||
Court shall direct the Comptroller to pay the minimum amount | ||
of money which the determinate beneficiary would receive | ||
together with all interest payment penalties which have | ||
accrued on that portion of the award being paid within 30 days | ||
of the effective date of this amendatory Act of the 96th | ||
General Assembly. For purposes of this subsection (h), | ||
"determinate beneficiary" means the beneficiary who would | ||
receive any portion of the total benefit claimed regardless of | ||
the manner in which the Court of Claims adjudicates the claim. | ||
(i) The Court of Claims shall ensure that all individuals | ||
who have filed an application to claim the duty death benefit | ||
for a deceased member of the Armed Forces pursuant to this |
Section or for a fireman pursuant to this Section, or their | ||
designated representative, shall have access, on a timely | ||
basis and in an efficient manner, to all information related | ||
to the court's consideration, processing, or adjudication of | ||
the claim, including, but not limited to, the following: | ||
(1) a reliable estimate of when the Court of Claims | ||
will adjudicate the claim, or if the Court cannot estimate | ||
when it will adjudicate the claim, a full written | ||
explanation of the reasons for this inability; and | ||
(2) a reliable estimate, based upon consultation with | ||
the Comptroller, of when the benefit will be paid to the | ||
claimant. | ||
(j) The Court of Claims shall send written notice to all | ||
claimants within 2 weeks of the initiation of a claim | ||
indicating whether or not the application is complete. For | ||
purposes of this subsection (j), an application is complete if | ||
a claimant has submitted to the Court of Claims all documents | ||
and information the Court requires for adjudicating and paying | ||
the benefit amount. For purposes of this subsection (j), a | ||
claim for the duty death benefit is initiated when a claimant | ||
submits any of the application materials required for | ||
adjudicating the claim to the Court of Claims. In the event a | ||
claimant's application is incomplete, the Court shall include | ||
in its written notice a list of the information or documents | ||
which the claimant must submit in order for the application to | ||
be complete.
In no case may the Court of Claims deny a claim |
and subsequently re-adjudicate the same claim for the purpose | ||
of evading or reducing the interest penalty payment amount | ||
payable to any claimant. | ||
(Source: P.A. 102-215, eff. 7-30-21.)
| ||
ARTICLE 10. | ||
Section 10-2. The Department of Human Services Act is | ||
amended by adding Section 80-45 as follows: | ||
(20 ILCS 1305/80-45 new) | ||
Sec. 80-45. Funding Agent and Administration. | ||
(a) The Department shall act as funding agent under the | ||
terms of the Illinois Affordable Housing Act and shall | ||
administer other appropriations for the use of the Illinois | ||
Housing Development Authority. | ||
(b) The Department may enter into contracts, | ||
intergovernmental agreements, grants, cooperative agreements, | ||
memoranda of understanding, or other instruments with any | ||
federal, State, or local government agency as necessary to | ||
fulfill its role as funding agent in compliance with State and | ||
federal law. The Department and the Department of Revenue | ||
shall coordinate, in consultation with the Illinois Housing | ||
Development Authority, the transition of the funding agent | ||
role, including the transfer of any and all books, records, or | ||
documents, in whatever form stored, necessary to the |
Department's execution of the duties of the funding agent, and | ||
the Department may submit to the Governor's Office of | ||
Management and Budget requests for exception pursuant to | ||
Section 55 of the Grant Accountability and Transparency Act. | ||
Notwithstanding Section 5 of the Grant Funds Recovery Act, for | ||
State fiscal years 2023 and 2024 only, in order to accomplish | ||
the transition of the funding agent role to the Department, | ||
grant funds may be made available for expenditure by a grantee | ||
for a period of 3 years from the date the funds were | ||
distributed by the State. | ||
Section 10-3. The State Finance Act is amended by changing | ||
Section 6z-20.1 as follows: | ||
(30 ILCS 105/6z-20.1) | ||
Sec. 6z-20.1. The State Aviation Program Fund and the | ||
Sound-Reducing Windows and Doors Replacement Fund. | ||
(a) The State Aviation Program Fund is created in the | ||
State Treasury. Moneys in the Fund shall be used by the | ||
Department of Transportation for the purposes of administering | ||
a State Aviation Program. Subject to appropriation, the moneys | ||
shall be used for the purpose of distributing grants to units | ||
of local government to be used for airport-related purposes. | ||
Grants to units of local government from the Fund shall be | ||
distributed proportionately based on equal part enplanements, | ||
total cargo, and airport operations. With regard to |
enplanements that occur within a municipality with a | ||
population of over 500,000, grants shall be distributed only | ||
to the municipality. | ||
(b) For grants to a unit of government other than a | ||
municipality with a population of more than 500,000, | ||
"airport-related purposes" means the capital or operating | ||
costs of: (1) an airport; (2) a local airport system; or (3) | ||
any other local facility that is owned or operated by the | ||
person or entity that owns or operates the airport that is | ||
directly and substantially related to the air transportation | ||
of passengers or property as provided in 49 U.S.C. 47133, | ||
including (i) the replacement of sound-reducing windows and | ||
doors installed under the Residential Sound Insulation Program | ||
and (ii) in-home air quality monitoring testing in residences | ||
in which windows or doors were installed under the Residential | ||
Sound Insulation Program. | ||
(c) For grants to a municipality with a population of more | ||
than 500,000, "airport-related purposes" means the capital | ||
costs of: (1) an airport; (2) a local airport system; or (3) | ||
any other local facility that (i) is owned or operated by a | ||
person or entity that owns or operates an airport and (ii) is | ||
directly and substantially related to the air transportation | ||
of passengers or property, as provided in 49 U.S.C. 47133. For | ||
grants to a municipality with a population of more than | ||
500,000, "airport-related purposes" also means costs, | ||
including administrative costs, associated with the |
replacement of sound-reducing windows and doors installed | ||
under the Residential Sound Insulation Program. | ||
(d) In each State fiscal year, $9,500,000 the first | ||
$7,500,000 attributable to a municipality with a population of | ||
more than 500,000, as provided in subsection (a) of this | ||
Section, shall be transferred to the Sound-Reducing Windows | ||
and Doors Replacement Fund, a special fund created in the | ||
State Treasury. Subject to appropriation, the moneys in the | ||
Fund shall be used solely for costs, including administrative | ||
costs, associated with the mechanical repairs and the | ||
replacement of sound-reducing windows and doors installed | ||
under the Residential Sound Insulation Program. Any amounts | ||
attributable to a municipality with a population of more than | ||
500,000 in excess of $7,500,000 in each State fiscal year | ||
shall be distributed among the airports in that municipality | ||
based on the same formula as prescribed in subsection (a) to be | ||
used for airport-related purposes.
| ||
(Source: P.A. 101-10, eff. 6-5-19; 101-636, eff. 6-10-20.) | ||
Section 10-4. The Illinois Grant Funds Recovery Act is | ||
amended by changing Section 5 as follows:
| ||
(30 ILCS 705/5) (from Ch. 127, par. 2305)
| ||
Sec. 5. Time limit on expenditure of grant funds. Subject | ||
to the restriction
of Section 35 of the State Finance Act, no | ||
grant funds may be made available for expenditure by
a grantee |
for a period longer than 2 years, except where such grant funds
| ||
are disbursed in reimbursement of costs previously incurred by | ||
the grantee and except as otherwise provided in subsection (d) | ||
of Section 5-200 of the School Construction Law and in | ||
subsection (b) of Section 80-45 of the Department of Human | ||
Services Act .
Any grant funds not expended or legally | ||
obligated by the end of the grant
agreement, or during the time | ||
limitation to grant fund expenditures set
forth in this | ||
Section, must be returned to the grantor agency within 45
| ||
days, if the funds are not already on deposit with the grantor | ||
agency or
the State Treasurer. Such returned funds shall be | ||
deposited into the fund
from which the original
grant | ||
disbursement to the grantee was made.
| ||
(Source: P.A. 99-606, eff. 7-22-16.)
| ||
Section 10-5. The Illinois Public Aid Code is amended by | ||
changing Sections 12-4.7 and 12-10.10 as follows:
| ||
(305 ILCS 5/12-4.7) (from Ch. 23, par. 12-4.7)
| ||
Sec. 12-4.7. Co-operation with other agencies. Make use | ||
of, aid and
co-operate with State and local governmental | ||
agencies, and co-operate with and
assist other governmental | ||
and private agencies and organizations engaged in
welfare | ||
functions.
| ||
This grant of authority includes the powers necessary for | ||
the Department of Healthcare and Family Services to administer |
the Illinois Health and Human Services Innovation Incubator | ||
(HHSi2) project. The Department of Healthcare and Family | ||
Services shall cochair with the Governor's Office of | ||
Management and Budget an Executive Steering Committee of | ||
partner State agencies to coordinate the HHSi2 project. The | ||
powers and duties of the Executive Steering Committee shall be | ||
established by intergovernmental agreement. In addition, the | ||
Department of Healthcare and Family Services is authorized, | ||
without limitation, to enter into agreements with federal | ||
agencies, to create and implement the HHSi2 Shared | ||
Interoperability Platform, and to create all Implementation | ||
Advance Planning documents for the HHSi2 project. | ||
(Source: P.A. 92-111, eff. 1-1-02.)
| ||
(305 ILCS 5/12-10.10) | ||
Sec. 12-10.10. HFS DHS Technology Initiative Fund. | ||
(a) The HFS DHS Technology Initiative Fund is hereby | ||
created as a trust fund within the State treasury with the | ||
State Treasurer as the ex-officio custodian of the Fund. | ||
(b) The Department of Healthcare and Family Human Services | ||
may accept and receive grants, awards, gifts, and bequests , or | ||
other moneys from any source, public or private, in support of | ||
information technology initiatives. Those moneys Moneys | ||
received in support of information technology initiatives, and | ||
any interest earned thereon, shall be deposited into the HFS | ||
DHS Technology Initiative Fund. |
(c) Moneys in the Fund may be used by the Department of | ||
Healthcare and Family Human Services for the purpose of making | ||
grants associated with the development and implementation of | ||
information technology projects or paying for operational | ||
expenses of the Department of Healthcare and Family Human | ||
Services related to such projects. The Department of | ||
Healthcare and Family Services may use moneys in the Fund to | ||
pay for administrative, operational, and project expenses of | ||
the Illinois Health and Human Services Innovation Incubator | ||
(HHSi2) project. Notwithstanding any provision of law to the | ||
contrary, the Department of Human Services shall have the | ||
authority to satisfy all Fiscal Year 2023 outstanding | ||
expenditure obligations or liabilities payable from the Fund | ||
pursuant to Section 25 of the State Finance Act. | ||
(d) The Department of Healthcare and Family Human | ||
Services, in consultation with the Department of Innovation | ||
and Technology, shall use the funds deposited into in the HFS | ||
DHS Technology Initiative Fund to pay for information | ||
technology solutions either provided by Department of | ||
Innovation and Technology or arranged or coordinated by the | ||
Department of Innovation and Technology.
| ||
(Source: P.A. 100-611, eff. 7-20-18; 101-275, eff. 8-9-19.) | ||
Section 10-10. The Illinois Affordable Housing Act is | ||
amended by changing Sections 3 and 5 as follows:
|
(310 ILCS 65/3) (from Ch. 67 1/2, par. 1253)
| ||
Sec. 3. Definitions. As used in this Act:
| ||
(a) "Program" means the Illinois Affordable Housing | ||
Program.
| ||
(b) "Trust Fund" means the Illinois Affordable Housing | ||
Trust Fund.
| ||
(b-5) "Capital Fund" means the Illinois Affordable Housing | ||
Capital Fund.
| ||
(c) "Low-income household" means a single person, family | ||
or unrelated
persons living together whose adjusted income is | ||
more than 50%, but less than
80%, of the median income of the | ||
area of residence, adjusted for family
size, as such adjusted | ||
income and median income for the area are determined
from time | ||
to time by the United States Department of Housing and Urban
| ||
Development for purposes of Section 8 of the United States | ||
Housing Act of 1937.
| ||
(d) "Very low-income household" means a single person, | ||
family or
unrelated persons living together whose adjusted | ||
income is not more than
50% of the median income of the area of | ||
residence, adjusted for family
size, as such adjusted income | ||
and median income for the area are determined
from time to time | ||
by the United States Department of Housing and Urban
| ||
Development for purposes of Section 8 of the United States | ||
Housing Act of 1937.
| ||
(e) "Affordable housing" means residential housing that, | ||
so long as the
same is occupied by low-income households or |
very low-income households,
requires payment of monthly | ||
housing costs, including utilities other than
telephone, of no | ||
more than 30% of the maximum allowable income as stated
for | ||
such households as defined in this Section.
| ||
(f) "Multi-family housing" means a building or buildings | ||
providing
housing to 5 or more households.
| ||
(g) "Single-family housing" means a building containing | ||
one to 4
dwelling units, including a mobile home as defined in | ||
subsection (b) of
Section 3 of the Mobile Home Landlord and | ||
Tenant Rights Act, as
amended.
| ||
(h) "Community-based organization" means a not-for-profit | ||
entity whose
governing body includes a majority of members who | ||
reside in the community
served by the organization.
| ||
(i) "Advocacy organization" means a not-for-profit | ||
organization which
conducts, in part or in whole, activities | ||
to influence public policy on
behalf of low-income or very | ||
low-income households.
| ||
(j) "Program Administrator" means the Illinois Housing | ||
Development
Authority.
| ||
(k) "Funding Agent" means the Illinois Department of Human | ||
Services Revenue .
| ||
(l) "Commission" means the Affordable Housing Advisory | ||
Commission.
| ||
(m) "Congregate housing" means a building or structure in | ||
which 2 or
more households, inclusive, share common living | ||
areas and may share child
care, cleaning, cooking and other |
household responsibilities.
| ||
(n) "Eligible applicant" means a proprietorship, | ||
partnership, for-profit
corporation, not-for-profit | ||
corporation or unit of local government which
seeks to use | ||
fund assets as provided in this Article.
| ||
(o) "Moderate income household" means a single person, | ||
family or
unrelated persons living together whose adjusted | ||
income is more than 80%
but less than 120% of the median income | ||
of the area of residence, adjusted
for family size, as such | ||
adjusted income and median income for the area are
determined | ||
from time to time by the United States Department of Housing | ||
and
Urban Development for purposes of Section 8 of the United | ||
States Housing
Act of 1937.
| ||
(p) "Affordable Housing Program Trust Fund Bonds or Notes" | ||
means the bonds
or notes issued by the Program Administrator | ||
under the Illinois Housing
Development Act to further the | ||
purposes of this Act.
| ||
(q) "Trust Fund Moneys" means all moneys, deposits, | ||
revenues, income,
interest, dividends, receipts, taxes, | ||
proceeds and other amounts or funds
deposited or to be | ||
deposited into in the Trust Fund pursuant to Section 5(b) of | ||
this
Act and any proceeds, investments or increase thereof.
| ||
(r) "Program Escrow" means accounts, except those accounts | ||
relating to any
Affordable Housing Program Trust Fund Bonds or | ||
Notes, designated by the Program
Administrator, into which | ||
Trust Fund Moneys are deposited.
|
(s) "Common household pet" means a domesticated animal, | ||
such as a dog (canis lupus familiaris) or cat (felis catus), | ||
which is commonly kept in the home for pleasure rather than for | ||
commercial purposes. | ||
(Source: P.A. 102-283, eff. 1-1-22 .)
| ||
(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) amounts as provided in Section 31-35 of the Real | ||
Estate Transfer Tax Law 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. 102-16, eff. 6-17-21.)
| ||
ARTICLE 15. | ||
Section 15-5. The Illinois Administrative Procedure Act is | ||
amended by adding Sections 5-45.42 and 5-45.43 as follows: | ||
(5 ILCS 100/5-45.42 new) | ||
Sec. 5-45.42. 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 | ||
103rd General Assembly, emergency rules implementing the | ||
changes made to that Section by this amendatory Act of the | ||
103rd 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 Section. | ||
(5 ILCS 100/5-45.43 new) | ||
Sec. 5-45.43. Emergency rulemaking; Illinois Public Aid | ||
Code. To provide for the expeditious and timely implementation | ||
of the changes made to the Illinois Public Aid Code by this | ||
amendatory Act of the 103rd General Assembly, emergency rules | ||
implementing the changes made to that Code by this amendatory | ||
Act of the 103rd 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 Section. | ||
Section 15-10. 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 professionals, 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 June 4, | ||
2018 ( the effective date of Public Act 100-587) 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 professionals, | ||
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 June 5, | ||
2019 ( the effective date of Public Act 101-10) 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 | ||
professionals in residential settings and sufficient to | ||
provide wages for all residential non-executive direct care | ||
staff, excluding direct support professionals, 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). | ||
(e) 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, 2023, | ||
shall include an increase in the rate methodology sufficient | ||
to provide a $1.00 per hour wage increase for all direct | ||
support professionals personnel and all other frontline | ||
personnel who are not subject to the Bureau of Labor | ||
Statistics' average wage increases, who work in residential | ||
and community day services settings, with at least $0.50 of | ||
those funds to be provided as a direct increase to base wages, | ||
with the remaining $0.50 to be used flexibly for base wage | ||
increases. In addition, the rates taking effect for services | ||
delivered on or after January 1, 2023 shall include an | ||
increase sufficient to provide wages for all residential | ||
non-executive direct care staff, excluding direct support | ||
professionals 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. | ||
(f) 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, 2024 | ||
shall include an increase in the rate methodology sufficient | ||
to provide a $2.50 per hour wage increase for all direct | ||
support professionals and all other frontline personnel who | ||
are not subject to the Bureau of Labor Statistics' average | ||
wage increases and who work in residential and community day | ||
services settings. At least $1.25 of the per hour wage | ||
increase shall be provided as a direct increase to base wages, | ||
and the remaining $1.25 of the per hour wage increase shall be | ||
used flexibly for base wage increases. In addition, the rates | ||
taking effect for services delivered on or after January 1, | ||
2024 shall include an increase sufficient to provide wages for | ||
all residential non-executive direct care staff, excluding | ||
direct support professionals, 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. | ||
(Source: P.A. 101-10, eff. 6-5-19; 102-16, eff. 6-17-21; | ||
102-699, eff. 4-19-22; 102-830, eff. 1-1-23; revised | ||
12-13-22.) | ||
Section 15-15. The Illinois Public Aid Code is amended by | ||
changing Sections 5-5.4, 5-5.7a, and 12-4.11 and by adding | ||
Section 9A-17 as follows:
| ||
(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 June 5, 2019 ( the effective date of | ||
Public Act 101-10) 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 | ||
February 16, 2011 ( the effective date of Public Act | ||
96-1530) 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 February 16, 2011 ( the effective date of | ||
Public Act 96-1530) 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 January 11, | ||
2008 ( the effective date of Public Act 95-707) 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. | ||
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 services delivered on or after January 1, 2023, shall | ||
include a $1.00 per hour wage increase for all direct support | ||
personnel and all other frontline personnel who are not | ||
subject to the Bureau of Labor Statistics' average wage | ||
increases, who work in residential and community day services | ||
settings, with at least $0.50 of those funds to be provided as | ||
a direct increase to all aide base wages, with the remaining | ||
$0.50 to be used flexibly for base wage increases to the rate | ||
methodology for aides. In addition, for residential services | ||
delivered on or after January 1, 2023 the 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 determined by the Department. Also, for | ||
services delivered on or after January 1, 2023, the rates will | ||
include adjustments to employment-related expenses 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. | ||
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 services delivered on or after January 1, 2024 shall | ||
include a $2.50 per hour wage increase for all direct support | ||
personnel and all other frontline personnel who are not | ||
subject to the Bureau of Labor Statistics' average wage | ||
increases and who work in residential and community day | ||
services settings. At least $1.25 of the per hour wage | ||
increase shall be provided as a direct increase to all aide | ||
base wages, and the remaining $1.25 of the per hour wage | ||
increase shall be used flexibly for base wage increases to the | ||
rate methodology for aides. In addition, for residential | ||
services delivered on or after January 1, 2024, the 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 determined by the Department. | ||
Also, for services delivered on or after January 1, 2024, the | ||
rates will include adjustments to employment-related expenses | ||
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. 101-10, eff. 6-5-19; 101-636, eff. 6-10-20; | ||
102-16, eff. 6-17-21; 102-699, eff. 4-19-22.) | ||
(305 ILCS 5/5-5.7a) | ||
Sec. 5-5.7a. Pandemic related stability payments for | ||
health care providers. Notwithstanding other provisions of | ||
law, and in accordance with the Illinois Emergency Management | ||
Agency, the Department of Healthcare and Family Services shall | ||
develop a process to distribute pandemic related stability | ||
payments, from federal sources dedicated for such purposes, to | ||
health care providers that are providing care to recipients | ||
under the Medical Assistance Program. For provider types | ||
serving residents who are recipients of medical assistance | ||
under this Code and are funded by other State agencies, the | ||
Department will coordinate the distribution process of the | ||
pandemic related stability payments. Federal sources dedicated | ||
to pandemic related payments include, but are not limited to, | ||
funds distributed to the State of Illinois from the | ||
Coronavirus Relief Fund pursuant to the Coronavirus Aid, | ||
Relief, and Economic Security Act ("CARES Act") and from the | ||
Coronavirus State Fiscal Recovery Fund pursuant to Section | ||
9901 of the American Rescue Plan Act of 2021, that are | ||
appropriated to the Department during Fiscal Years 2020, 2021, |
and 2022 for purposes permitted by those federal laws and | ||
related federal guidance. | ||
(1) Pandemic related stability payments for these | ||
providers shall be separate and apart from any rate | ||
methodology otherwise defined in this Code to the extent | ||
permitted in accordance with Section 5001 of the CARES Act | ||
and Section 9901 of the American Rescue Plan Act of 2021 | ||
and any related federal guidance. | ||
(2) Payments made from moneys received from the | ||
Coronavirus Relief Fund shall be used exclusively for | ||
expenses incurred by the providers that are eligible for | ||
reimbursement from the Coronavirus Relief Fund in | ||
accordance with Section 5001 of the CARES Act and related | ||
federal guidance. Payments made from moneys received from | ||
the Coronavirus State Fiscal Recovery Fund shall be used | ||
exclusively for purposes permitted by Section 9901 of the | ||
American Rescue Plan Act of 2021 and related federal | ||
guidance. | ||
(3) All providers receiving pandemic related stability | ||
payments shall attest in a format to be created by the | ||
Department and be able to demonstrate that their expenses | ||
are pandemic related, were not part of their annual | ||
budgets established before March 1, 2020. | ||
(4) Pandemic related stability payments will be | ||
distributed based on a schedule and framework to be | ||
established by the Department with recognition of the |
pandemic related acuity of the situation for each | ||
provider, taking into account the factors including, but | ||
not limited to, the following: | ||
(A) the impact of the pandemic on patients served, | ||
impact on staff, and shortages of the personal | ||
protective equipment necessary for infection control | ||
efforts for all providers; | ||
(B) COVID-19 positivity rates among staff, or | ||
patients, or both; | ||
(C) pandemic related workforce challenges and | ||
costs associated with temporary wage increases | ||
associated with pandemic related hazard pay programs, | ||
or costs associated with which providers do not have | ||
enough staff to adequately provide care and protection | ||
to the residents and other staff; | ||
(D) providers with significant reductions in | ||
utilization that result in corresponding reductions in | ||
revenue as a result of the pandemic, including, but | ||
not limited to, the cancellation or postponement of | ||
elective procedures and visits; | ||
(E) pandemic related payments received directly by | ||
the providers through other federal resources; | ||
(F) current efforts to respond to and provide | ||
services to communities disproportionately impacted by | ||
the COVID-19 public health emergency, including | ||
low-income and socially vulnerable communities that |
have seen the most severe health impacts and | ||
exacerbated health inequities along racial, ethnic, | ||
and socioeconomic lines; and | ||
(G) provider needs for capital improvements to | ||
existing facilities, including upgrades to HVAC and | ||
ventilation systems and capital improvements for | ||
enhancing infection control or reducing crowding, | ||
which may include bed-buybacks. | ||
(5) Pandemic related stability payments made from | ||
moneys received from the Coronavirus Relief Fund will be | ||
distributed to providers based on a methodology to be | ||
administered by the Department with amounts determined by | ||
a calculation of total federal pandemic related funds | ||
appropriated by the Illinois General Assembly for this | ||
purpose. Providers receiving the pandemic related | ||
stability payments will attest to their increased costs, | ||
declining revenues, and receipt of additional pandemic | ||
related funds directly from the federal government. | ||
(6) Of the payments provided for by this Section made | ||
from moneys received from the Coronavirus Relief Fund, a | ||
minimum of 30% shall be allotted for health care providers | ||
that serve the ZIP codes located in the most | ||
disproportionately impacted areas of Illinois, based on | ||
positive COVID-19 cases based on data collected by the | ||
Department of Public Health and provided to the Department | ||
of Healthcare and Family Services. |
(7) From funds appropriated, directly or indirectly, | ||
from moneys received by the State from the Coronavirus | ||
State Fiscal Recovery Fund for Fiscal Years 2021 and 2022, | ||
the Department shall expend such funds only for purposes | ||
permitted by Section 9901 of the American Rescue Plan Act | ||
of 2021 and related federal guidance. Such expenditures | ||
may include, but are not limited to: payments to providers | ||
for costs incurred due to the COVID-19 public health | ||
emergency; unreimbursed costs for testing and treatment of | ||
uninsured Illinois residents; costs of COVID-19 mitigation | ||
and prevention; medical expenses related to aftercare or | ||
extended care for COVID-19 patients with longer term | ||
symptoms and effects; costs of behavioral health care; | ||
costs of public health and safety staff; and expenditures | ||
permitted in order to address (i) disparities in public | ||
health outcomes, (ii) nursing and other essential health | ||
care workforce investments, (iii) exacerbation of | ||
pre-existing disparities, and (iv) promoting healthy | ||
childhood environments. | ||
(8) From funds appropriated, directly or indirectly, | ||
from moneys received by the State from the Coronavirus | ||
State Fiscal Recovery Fund for Fiscal Years 2022 and 2023, | ||
the Department shall establish a program for making | ||
payments to long term care service providers and | ||
facilities, for purposes related to financial support for | ||
workers in the long term care industry, but only as |
permitted by either the CARES Act or Section 9901 of the | ||
American Rescue Plan Act of 2021 and related federal | ||
guidance, including, but not limited to the following: | ||
monthly amounts of $25,000,000 per month for July 2021, | ||
August 2021, and September 2021 where at least 50% of the | ||
funds in July shall be passed directly to front line | ||
workers and an additional 12.5% more in each of the next 2 | ||
months; financial support programs for providers enhancing | ||
direct care staff recruitment efforts through the payment | ||
of education expenses; and financial support programs for | ||
providers offering enhanced and expanded training for all | ||
levels of the long term care healthcare workforce to | ||
achieve better patient outcomes, such as training on | ||
infection control, proper personal protective equipment, | ||
best practices in quality of care, and culturally | ||
competent patient communications. The Department shall | ||
have the authority to audit and potentially recoup funds | ||
not utilized as outlined and attested. | ||
(8.5) From funds appropriated, directly or indirectly, | ||
from moneys received by the State from the Coronavirus | ||
State Fiscal Recovery Fund, the Department shall establish | ||
a grant program to provide premium pay and retention | ||
incentives to front line workers at facilities licensed by | ||
the Department of Public Health under the Nursing Home | ||
Care Act as skilled nursing facilities or intermediate | ||
care facilities. |
(A) Awards pursuant to this program shall comply | ||
with the requirements of Section 9901 of the American | ||
Rescue Plan Act of 2021 and all related federal | ||
guidance. Awards shall be scaled based on a process | ||
determined by the Department. The amount awarded to | ||
each recipient shall not exceed $3.17 per nursing | ||
hour. Awards shall be for eligible expenditures | ||
incurred no earlier than May 1, 2022 and no later than | ||
June 30, 2023. | ||
(B) Financial assistance under this paragraph | ||
(8.5) shall be expended only for : | ||
(i) premium pay for eligible workers, which | ||
must be in addition to any wages or remuneration | ||
the eligible worker has already received and shall | ||
be subject to the other requirements and | ||
limitations set forth in the American Rescue Plan | ||
Act of 2021 and related federal guidance ; and | ||
(ii) retention incentives paid to eligible
| ||
workers that are necessary for the facility to | ||
respond to the impacts of the public health | ||
emergency . | ||
(C) Upon receipt of funds, recipients shall | ||
distribute funds such that eligible workers receive an | ||
amount up to $13 per hour but no more than $25,000 for | ||
the duration of the program. Recipients shall provide | ||
a written certification to the Department |
acknowledging compliance with this paragraph. | ||
(D) No portion of these funds shall be spent on | ||
volunteer or temporary staff, and these funds shall | ||
not be used to make retroactive premium payments | ||
before the effective date of this amendatory Act of | ||
the 102nd General Assembly. | ||
(E) The Department shall require each recipient | ||
under this paragraph to submit appropriate | ||
documentation acknowledging compliance with State and | ||
federal law.
For purposes of this paragraph, "eligible | ||
worker" means a permanent staff member, regardless of | ||
union affiliation, of a facility licensed by the | ||
Department of Public Health under the Nursing Home | ||
Care Act as a skilled nursing facility or intermediate | ||
care facility engaged in "essential work", as defined | ||
by Section 9901 of the American Rescue Plan Act of 2021 | ||
and related federal guidance, and (1) whose total pay | ||
is below 150% of the average annual wage for all | ||
occupations in the worker's county of residence, as | ||
defined by the Bureau of Labor Statistics Occupational | ||
Employment and Wage Statistics, or (2) is not exempt | ||
from the federal Fair Labor Standards Act overtime | ||
provisions. | ||
(9) From funds appropriated, directly or indirectly, | ||
from moneys received by the State from the Coronavirus | ||
State Fiscal Recovery Fund for Fiscal Years 2022 through |
2024 the Department shall establish programs for making | ||
payments to facilities licensed under the Nursing Home | ||
Care Act and facilities licensed under the Specialized | ||
Mental Health Rehabilitation Act of 2013. To the extent | ||
permitted by Section 9901 of the American Rescue Plan Act | ||
of 2021 and related federal guidance, the programs shall | ||
provide: | ||
(A) Payments for making permanent improvements to | ||
resident rooms in order to improve resident outcomes | ||
and infection control. Funds may be used to reduce bed | ||
capacity and room occupancy. To be eligible for | ||
funding, a facility must submit an application to the | ||
Department as prescribed by the Department and as | ||
published on its website. A facility may need to | ||
receive approval from the Health Facilities and | ||
Services Review Board for the permanent improvements | ||
or the removal of the beds before it can receive | ||
payment under this paragraph.
| ||
(B) Payments to reimburse facilities licensed by | ||
the Department of Public Health under the Nursing Home | ||
Care Act as skilled nursing facilities or intermediate | ||
care facilities for eligible expenses related to the | ||
public health impacts of the COVID-19 public health | ||
emergency, including, but not limited to, costs | ||
related to COVID-19 testing for residents, COVID-19 | ||
prevention and treatment equipment, medical supplies, |
and personal protective equipment. | ||
(i) Awards made pursuant to this program shall | ||
comply with the requirements of Section 9901 of | ||
the American Rescue Plan Act of 2021 and all | ||
related federal guidance. The amount awarded to | ||
each recipient shall not exceed $1.71 per nursing | ||
hour. Permissible expenditures must be made no | ||
earlier than May 1, 2022 and no later than June 30, | ||
2023. | ||
(ii) Financial assistance pursuant to this | ||
paragraph shall not be expended for premium pay. | ||
(iii) The Department shall require each | ||
recipient under this paragraph to submit | ||
appropriate documentation acknowledging | ||
compliance with State and federal law. | ||
(Source: P.A. 101-636, eff. 6-10-20; 102-16, eff. 6-17-21; | ||
102-687, eff. 12-17-21; 102-699, eff. 4-19-22.) | ||
(305 ILCS 5/9A-17 new) | ||
Sec. 9A-17. Smart Start Child Care Program. Subject to | ||
appropriation, the Department of Human Services shall | ||
establish the Smart Start Child Care Program. The Smart Start | ||
Child Care Program shall focus on creating affordable child | ||
care, as well as increasing access to child care, for Illinois | ||
residents and may include, but is not limited to, providing | ||
funding to increase preschool availability, providing funding |
for childcare workforce compensation or capital investments, | ||
and expanding funding for Early Childhood Access Consortium | ||
for Equity Scholarships. The Department shall establish | ||
program eligibility criteria, participation conditions, | ||
payment levels, and other program requirements by rule. The | ||
Department of Human Services may consult with the Capital | ||
Development Board, the Department of Commerce and Economic | ||
Opportunity, and the Illinois Housing Development Authority in | ||
the management and disbursement of funds for capital-related | ||
projects. The Capital Development Board, the Department of | ||
Commerce and Economic Opportunity, and the Illinois Housing | ||
Development Authority shall act in a consulting role only for | ||
the evaluation of applicants, scoring of applicants, or | ||
administration of the grant program.
| ||
(305 ILCS 5/12-4.11) (from Ch. 23, par. 12-4.11)
| ||
Sec. 12-4.11. Grant amounts. The Department,
with due | ||
regard for and subject to budgetary limitations, shall | ||
establish
grant amounts for each of the programs, by | ||
regulation. The grant amounts may
vary by program, size of | ||
assistance unit and geographic area. Grant amounts under the | ||
Temporary Assistance for Needy Families (TANF) program may not | ||
vary on the basis of a TANF recipient's county of residence.
| ||
Aid payments shall not be reduced except: (1) for changes | ||
in the cost of
items included in the grant amounts, or (2) for | ||
changes in the expenses of the
recipient, or (3) for changes in |
the income or resources available to the
recipient, or (4) for | ||
changes in grants resulting from adoption of a
consolidated | ||
grant amount.
| ||
The maximum benefit levels provided to TANF recipients | ||
shall increase as follows: beginning October 1, 2023 2018 , the | ||
Department of Human Services shall increase TANF grant amounts | ||
in effect on September 30, 2023 2018 to at least 35% 30% of the | ||
most recent United States Department of Health and Human | ||
Services Federal Poverty Guidelines for each family size. | ||
Beginning October 1, 2024 2019 , and each October 1 thereafter, | ||
the maximum benefit levels shall be annually adjusted to | ||
remain equal to at least 35% 30% of the most recent poverty | ||
guidelines updated periodically in the Federal Register by the | ||
U.S. Department
of Health and Human Services under the | ||
authority of 42 U.S.C. 9902(2) for each family size. | ||
TANF grants for child-only assistance units shall be at | ||
least 75% of TANF grants for assistance units of the same size | ||
that consist of a caretaker relative with children. | ||
In fixing standards to govern payments or reimbursements | ||
for funeral
and burial expenses, the Department shall | ||
establish a minimum allowable
amount of
not less than
$1,000 | ||
for Department payment of funeral services and not less than | ||
$500 for
Department payment of burial or cremation services. | ||
On January 1, 2006, July 1, 2006, and July 1, 2007, the | ||
Department shall increase the minimum reimbursement amount for | ||
funeral and burial expenses under this Section by a percentage |
equal to the percentage increase in the Consumer Price Index | ||
for All Urban Consumers, if any, during the 12 months | ||
immediately preceding that January 1 or July 1. In | ||
establishing the minimum
allowable
amount, the Department | ||
shall take into account the services
essential to a dignified, | ||
low-cost (i) funeral and (ii) burial or
cremation, including | ||
reasonable
amounts that may be necessary for
burial space and | ||
cemetery charges, and any applicable taxes or other
required | ||
governmental fees or charges. If no
person has agreed to pay | ||
the total cost of the (i) funeral and
(ii) burial or cremation
| ||
charges, the Department shall pay the vendor the actual costs | ||
of the (i)
funeral
and
(ii) burial or cremation, or the minimum | ||
allowable amount for each service as
established by
the | ||
Department, whichever is less, provided that the Department | ||
reduces its
payments by
the amount available from the | ||
following sources: the decedent's assets
and
available | ||
resources and the anticipated amounts of any death benefits | ||
available
to the
decedent's estate, and amounts paid and | ||
arranged to be paid by the
decedent's legally
responsible | ||
relatives. A legally responsible relative is expected to pay
| ||
(i) funeral and (ii) burial
or cremation expenses unless | ||
financially unable to do so.
| ||
Nothing contained in this Section or in any other Section | ||
of this
Code shall be construed to prohibit the Illinois | ||
Department (1) from
consolidating existing standards on the | ||
basis of any standards which are
or were in effect on, or |
subsequent to July 1, 1969, or (2) from
employing any | ||
consolidated standards in determining need for public
aid and | ||
the amount of money payment or grant for individual recipients
| ||
or recipient families.
| ||
(Source: P.A. 100-587, eff. 6-4-18; 101-103, eff. 7-19-19.)
| ||
ARTICLE 20. | ||
Section 20-5. The State Finance Act is amended by changing | ||
Sections 12 and 12-2 as follows:
| ||
(30 ILCS 105/12) (from Ch. 127, par. 148)
| ||
Sec. 12.
Each voucher for traveling expenses shall | ||
indicate the
purpose of the travel as required by applicable | ||
travel regulations,
shall be itemized , and shall be | ||
accompanied by all receipts specified in
the applicable travel | ||
regulations and by a certificate, signed by the
person | ||
incurring such expense, certifying that the amount is correct | ||
and
just; that the detailed items charged for subsistence were | ||
actually
paid; that the expenses were occasioned by official | ||
business or
unavoidable delays requiring the stay of such | ||
person at hotels for the
time specified; that the journey was | ||
performed with all practicable
dispatch by the shortest route | ||
usually traveled in the customary
reasonable manner; and that | ||
such person has not been furnished with
transportation or | ||
money in lieu thereof; for any part of the journey
therein |
charged for. | ||
Upon written approval by the Office of the Comptroller, a | ||
State agency may maintain the original travel voucher, the | ||
receipts, and the proof of the traveler's signature on the | ||
traveler's certification statement at the office of the State | ||
agency. However, except as otherwise provided in this Section | ||
for State public institutions of higher education, nothing in | ||
this Section shall be construed to exempt a State agency from | ||
submitting a detailed travel voucher as prescribed by the | ||
Office of the Comptroller. Each State public institution of | ||
higher education is exempt from submitting a detailed travel | ||
voucher to the Office of the Comptroller but shall retain all | ||
receipts specified in
the applicable travel regulations and | ||
shall annually publish a record of those expenditures on its | ||
official website using a form that it prescribes.
| ||
An information copy of each voucher covering a claim by a | ||
person
subject to the official travel regulations promulgated | ||
under Section
12-2 for travel reimbursement involving an | ||
exception to the general
restrictions of such travel | ||
regulations shall be filed with the
applicable travel control | ||
board which shall consider these vouchers, or a
report | ||
thereof, for approval. Amounts disbursed for travel | ||
reimbursement
claims which are disapproved by the applicable | ||
travel control board shall
be refunded by the traveler and | ||
deposited in the fund or account from
which payment was made.
| ||
As used in this Section, "State public institution of |
higher education" means the governing boards of the University | ||
of Illinois, Southern Illinois University, Illinois State | ||
University, Eastern Illinois University, Northern Illinois | ||
University, Western Illinois University, Chicago State | ||
University, Governors State University, and Northeastern | ||
Illinois University. | ||
(Source: P.A. 97-932, eff. 8-10-12.)
| ||
(30 ILCS 105/12-2) (from Ch. 127, par. 148-2)
| ||
Sec. 12-2. Travel Regulation Council; State travel | ||
reimbursement. | ||
(a) The chairmen of the travel control boards established
| ||
by Section 12-1, or their designees, shall together comprise | ||
the Travel
Regulation Council. The Travel Regulation Council | ||
shall be chaired by the
Director of Central Management | ||
Services, who shall be a nonvoting member of
the Council, | ||
unless he is otherwise qualified to vote by virtue of being
the | ||
designee of a voting member. No later than March 1, 1986, and | ||
at least
biennially thereafter, the Council shall adopt State | ||
Travel Regulations and
Reimbursement Rates which shall be | ||
applicable to all personnel subject to
the jurisdiction of the | ||
travel control boards established by Section 12-1.
An | ||
affirmative vote of a majority of the members of the Council | ||
shall be
required to adopt regulations and reimbursement | ||
rates. If the Council
fails to adopt regulations by March 1 of | ||
any odd-numbered year, the
Director of Central Management |
Services shall adopt emergency regulations
and reimbursement | ||
rates pursuant to the Illinois Administrative Procedure Act. | ||
As soon as practicable after the effective date of this | ||
amendatory Act of the 102nd General Assembly, the Travel | ||
Regulation Council and the Higher Education Travel Control | ||
Board shall adopt amendments to their existing rules to ensure | ||
that reimbursement rates for public institutions of higher | ||
education, as defined in Section 1-13 of the Illinois | ||
Procurement Code, are set in accordance with the requirements | ||
of subsection (f) of this Section.
| ||
(b) (Blank). Mileage for automobile travel shall be | ||
reimbursed at the allowance
rate in effect under regulations | ||
promulgated pursuant to 5 U.S.C. 5707(b)(2).
In the event the | ||
rate set under federal regulations increases or decreases | ||
during the
course of the State's fiscal year, the effective | ||
date of the new rate shall be
the effective date of the change | ||
in the federal rate.
| ||
(c) (Blank). Rates for reimbursement of expenses other | ||
than mileage shall not
exceed the actual cost of travel as | ||
determined by the United States
Internal Revenue Service.
| ||
(d) Reimbursements to travelers shall be made pursuant to | ||
the rates and
regulations applicable to the respective State | ||
agency as of the effective
date of this amendatory Act, until | ||
the State Travel Regulations and
Reimbursement Rates | ||
established by this Section are adopted and effective.
| ||
(e) (Blank). Lodging in Cook County, Illinois and the |
District of Columbia shall be
reimbursed at the maximum | ||
lodging rate in effect under regulations promulgated
pursuant | ||
to 5 U.S.C. 5701-5709. For purposes of this subsection (e), | ||
the
District of
Columbia shall include the cities and counties | ||
included in the per diem
locality of the
District of Columbia, | ||
as defined by the regulations in effect promulgated
pursuant | ||
to 5
U.S.C. 5701-5709. Individual travel control boards may | ||
set a lodging
reimbursement rate
more restrictive than the | ||
rate set forth in the federal regulations.
| ||
(f) (f) Notwithstanding any rule or law to the contrary, | ||
State travel reimbursement rates for lodging and mileage for | ||
automobile travel, as well as allowances for meals, shall be | ||
set at the maximum rates established by the federal government | ||
for travel expenses, subsistence expenses, and mileage | ||
allowances under 5 U.S.C. 5701 through 5711 and any | ||
regulations promulgated thereunder. If the rates set under | ||
federal regulations increase or decrease during the course of | ||
the State's fiscal year, the effective date of the new rate | ||
shall be the effective date of the change in the federal rate. | ||
Notwithstanding any other law, travel reimbursement rates for | ||
lodging and mileage for automobile travel, as well as | ||
allowances for meals, shall be set for public institutions of | ||
higher education at the maximum rates established by the | ||
federal government for travel expenses, subsistence expenses, | ||
and mileage allowances under 5 U.S.C. Subchapter I and | ||
regulations promulgated thereunder. If a rate set under |
federal regulations increases or decreases in the course of | ||
the State's fiscal year, the effective date of the new rate | ||
shall be the effective date of the change in the federal rate. | ||
(Source: P.A. 102-1119, eff. 1-23-23.)
| ||
ARTICLE 30. | ||
Section 30-5. The General Assembly Operations Act is | ||
amended by changing Section 20 as follows: | ||
(25 ILCS 10/20) | ||
(Section scheduled to be repealed on July 1, 2023) | ||
Sec. 20. Legislative Budget Oversight Commission. | ||
(a) The General Assembly hereby finds and declares that | ||
the State is confronted with an unprecedented fiscal crisis. | ||
In light of this crisis, and the challenges it presents for the | ||
budgeting process, the General Assembly hereby establishes the | ||
Legislative Budget Oversight Commission. The purpose of the | ||
Commission is: to monitor budget management actions taken by | ||
the Office of the Governor or Governor's Office of Management | ||
and Budget; to oversee the distribution and expenditure of | ||
federal financial relief for State and local governments | ||
related to the COVID-19 pandemic; and to advise and review | ||
planned expenditures of State and federal grants for broadband | ||
projects. | ||
(b) At the request of the Commission, units of local |
governments and State agency directors or their respective | ||
designees shall report to the Commission on the status and | ||
distribution of federal CARES money and any other federal | ||
financial relief related to the COVID-19 pandemic. | ||
(c) In anticipation of constantly changing and | ||
unpredictable economic circumstances, the Commission will | ||
provide a means for the Governor's Office and the General | ||
Assembly to maintain open communication about necessary budget | ||
management actions during these unprecedented times. Beginning | ||
August 15, 2020, the Governor's Office of Management and | ||
Budget shall submit a monthly written report to the Commission | ||
reporting any budget management actions taken by the Office of | ||
the Governor, Governor's Office of Management and Budget, or | ||
any State agency. At the call of one of the co-chairs, the | ||
Governor or his or her designee shall give a report to the | ||
Commission and each member thereof. The report shall be given | ||
either in person or by telephonic or videoconferencing means. | ||
The report shall include: | ||
(1) any budget management actions taken by the Office | ||
of the Governor, Governor's Office of Management and | ||
Budget, or any agency or board under the Office of the | ||
Governor in the prior quarter; | ||
(2) year-to-date general funds revenues as compared to | ||
anticipated revenues; | ||
(3) year-to-date general funds expenditures as | ||
compared to the Fiscal Year 2021 budget as enacted; |
(4) a list, by program, of the number of grants | ||
awarded, the aggregate amount of such grant awards, and | ||
the aggregate amount of awards actually paid with respect | ||
to all grants awarded from federal funds from the | ||
Coronavirus Relief Fund in accordance with Section 5001 of | ||
the federal Coronavirus Aid, Relief, and Economic Security | ||
(CARES) Act or from the Coronavirus State Fiscal Recovery | ||
Fund in accordance with Section 9901 of the federal | ||
American Rescue Plan Act of 2021, which shall identify the | ||
number of grants awarded, the aggregate amount of such | ||
grant awards, and the aggregate amount of such awards | ||
actually paid to grantees located in or serving a | ||
disproportionately impacted area, as defined in the | ||
program from which the grant is awarded; and | ||
(5) any additional items reasonably requested by the | ||
Commission. | ||
(c-5) Any plans, responses to requests, letters of intent, | ||
application materials, or other documents prepared on behalf | ||
of the State describing the State's intended plan for | ||
distributing grants pursuant to Division F of the | ||
Infrastructure Investment and Jobs Act must be, to the extent | ||
practical, provided to the Legislative Budget Oversight | ||
Commission for review at least 30 days prior to submission to | ||
the appropriate federal entity. If plans, responses to | ||
requests, letters of intent, application materials, or other | ||
documents prepared on behalf of the State describing the |
State's plan or goals for distributing grants pursuant to | ||
Division F of the Infrastructure Investment and Jobs Act | ||
cannot practically be given the Legislative Budget Oversight | ||
Commission 30 days prior to submission to the appropriate | ||
federal entity, the materials shall be provided to the | ||
Legislative Budget Oversight Commission with as much time for | ||
review as practical. All documents provided to the Commission | ||
shall be made available to the public on the General
| ||
Assembly's website. However, the following information shall | ||
be redacted from any documents made available to the public: | ||
(i) information specifically prohibited from disclosure by | ||
federal or State law or federal or State rules and | ||
regulations; (ii) trade secrets; (iii) security sensitive | ||
information; and (iv) proprietary, privileged, or confidential | ||
commercial or financial information from a privately held | ||
person or business which, if disclosed, would cause | ||
competitive harm. Members of the public and interested parties | ||
may submit written
comments to the Commission for | ||
consideration. Prior to the State's submission to the
| ||
appropriate federal entity pursuant to this subsection, the | ||
Commission shall conduct at least
one public hearing during | ||
which members of the public and other interested parties may | ||
file
written comments with and offer testimony before the | ||
Commission. After completing its review
and consideration of | ||
any such testimony offered and written public comments | ||
received, the
Commission shall submit its written comments and |
suggestions to the Governor or designated
State entity | ||
responsible for administering the grant programs under | ||
Division F of the
Infrastructure Investment and Jobs Act on | ||
behalf of the State.
The Governor, or designated State entity | ||
responsible for administering the grant programs pursuant to | ||
Division F of the Infrastructure Investment and Jobs Act, must | ||
consider comments and suggestions provided by the members of | ||
the Legislative Budget Oversight Commission and members of the | ||
public. | ||
(c-10) At the request of the Commission, the Governor or | ||
the designated State entity responsible for administering | ||
programs under Division F of the Infrastructure Investment and | ||
Jobs Act on behalf of the State must report on the grants | ||
issued by the State pursuant to the programs under Division F | ||
of the Infrastructure Investment and Jobs Act. | ||
(d) The Legislative Budget Oversight Commission shall | ||
consist of the following members: | ||
(1) 7 members of the House of Representatives | ||
appointed by the Speaker of the House of Representatives; | ||
(2) 7 members of the Senate appointed by the Senate | ||
President; | ||
(3) 4 members of the House of Representatives | ||
appointed by the Minority Leader of the House of | ||
Representatives; and | ||
(4) 4 members of the Senate appointed by the Senate | ||
Minority Leader. |
(e) The Speaker of the House of Representatives and the | ||
Senate President shall each appoint one member of the | ||
Commission to serve as a co-chair. The members of the | ||
Commission shall serve without compensation. | ||
(f) As used in this Section: | ||
"Budget management action" means any fund transfer | ||
directed by the Governor or the Governor's Office of | ||
Management and Budget, designation of appropriation lines as | ||
reserve, or any other discretionary action taken with regard | ||
to the budget as enacted; | ||
"State agency" means all officers, boards, commissions, | ||
departments, and agencies created by the Constitution, by law, | ||
by Executive Order, or by order of the Governor in the | ||
Executive Branch, other than the Offices of the Attorney | ||
General, Secretary of State, Comptroller, or Treasurer. | ||
(g) This Section is repealed July 1, 2024 2023 .
| ||
(Source: P.A. 101-636, eff. 6-10-20; 102-16, eff. 6-17-21; | ||
102-699, eff. 4-19-22.) | ||
ARTICLE 35. | ||
Section 35-5. The Department of Commerce and Economic | ||
Opportunity Law of the
Civil Administrative Code of Illinois | ||
is amended by changing Section 605-705 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 through 2024 2023 only, 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 Public Act 101-636, emergency rules to | ||
implement the changes made by Public Act 101-636 may be | ||
adopted by the Department subject to the provisions of Section | ||
5-45 of the Illinois Administrative Procedure Act.
| ||
(Source: P.A. 101-636, eff. 6-10-20; 102-16, eff. 6-17-21; |
102-699, eff. 4-19-22.)
| ||
ARTICLE 40. | ||
Section 40-5. The Department of Commerce and Economic | ||
Opportunity Law of the
Civil Administrative Code of Illinois | ||
is amended by changing Section 605-1105 as follows: | ||
(20 ILCS 605/605-1105) | ||
Sec. 605-1105. Local chambers of commerce recovery grants | ||
and business program . | ||
(a) Subject Upon receipt or availability of the State or | ||
federal funds described in subsection (b), and subject to | ||
appropriation of those funds for the purposes described in | ||
this Section, the Department of Commerce and Economic | ||
Opportunity shall establish a program to award grants to local | ||
chambers of commerce. | ||
(a-5) This subsection applies to grants under this Section | ||
that are funded by State or federal funds that are allocated to | ||
the State under the authority of legislation passed in | ||
response to the COVID-19 pandemic. The Department shall award | ||
an aggregate amount of up to $5,000,000 in grants under this | ||
subsection Section to eligible chambers of commerce. Each | ||
eligible chamber of commerce that applies to the Department | ||
for a grant under this subsection Section shall certify to the | ||
Department the difference between the chamber of commerce's |
total annual revenue in calendar year 2019 and the chamber of | ||
commerce's total annual revenue in calendar year 2020. The | ||
maximum amount that may be awarded to any eligible chamber of | ||
commerce during the first round of grants under this | ||
subsection is one-sixth of the certified amount. In | ||
determining grant amounts awarded under this subsection Act , | ||
the Department may consider any awards that the chamber of | ||
commerce has received from the Back to Business Grant Program | ||
or the Business Interruption Grant Program. If the entire | ||
amount of moneys appropriated for the purposes of this | ||
subsection Section has not been allocated after a first round | ||
of grants is made, the Department may award additional funds | ||
to eligible chambers of commerce from the remaining funds. | ||
(a-10) This subsection applies to grants awarded under | ||
this Section from sources other than State or federal funds | ||
that are allocated to the State under the authority or | ||
legislation passed in response to the COVID-19 pandemic. | ||
Grants under this subsection may be used to market and develop | ||
the service area of the chamber of commerce for the purposes of | ||
generating local, county, and State business taxes and | ||
providing small businesses with professional development, | ||
business guidance, and best practices for sustainability. No | ||
single chamber of commerce shall receive grant awards under | ||
this subsection in excess of $50,000 in any State fiscal year. | ||
(a-15) Grants awarded under subsection (a-5) or (a-10) of | ||
this Section shall not be used to make any direct lobbying |
expenditure, as defined in subsection (c) of Section 4911 of | ||
the Internal Revenue Code, or to engage in any political | ||
campaign activity described in Section 501(c)(3) of the | ||
Internal Revenue Code. | ||
(b) For grants awarded under subsection (a-5), the The | ||
Department may use State funds and federal funds that are | ||
allocated to the State under the authority of legislation | ||
passed in response to the COVID-19 pandemic to provide grants | ||
under this Section. Those federal funds include, but are not | ||
limited to, funds allocated to the State under the American | ||
Rescue Plan Act of 2021. Any federal moneys used for this | ||
purpose shall be used in accordance with the federal | ||
legislation authorizing the use of those funds and related | ||
federal guidance as well as any other applicable State and | ||
federal laws. For grants awarded under subsection (a-10), the | ||
Department may use general revenue funds or any other funds | ||
that may lawfully be used for the purposes of this Section. | ||
(c) The Department may adopt any rules necessary to | ||
implement and administer the grant program created by this | ||
Section. The emergency rulemaking process may be used to | ||
promulgate the initial rules of the program following the | ||
effective date of this amendatory Act of the 102nd General | ||
Assembly. | ||
(d) As used in this Section, "eligible chamber of | ||
commerce" means an a voluntary membership, dues-paying | ||
organization of business and professional persons dedicated to |
improving the economic climate and business development of the | ||
community, area, or region in which the organization is | ||
located and that: | ||
(1) operates as an approved not-for-profit | ||
corporation; | ||
(2) is tax-exempt under Section 501(c)(3) or Section | ||
501(c)(6) of the Internal Revenue Code of 1986; | ||
(3) has an annual revenue of $1,000,000 or less; and | ||
(4) files a 990 federal tax form with the Internal | ||
Revenue Service; | ||
(5) has or will have each of the following at the time | ||
of award determination: | ||
(A) governance bylaws; | ||
(B) financial policies and procedures; and | ||
(C) a mission and vision statement; and | ||
(6) for grants awarded under subsection (a-5), (4) has | ||
experienced an identifiable negative economic impact | ||
resulting from or exacerbated by the public health | ||
emergency or served a community disproportionately | ||
impacted by a public health emergency.
| ||
(Source: P.A. 102-1115, eff. 1-9-23.) | ||
ARTICLE 55. | ||
Section 55-5. The Department of Healthcare and Family | ||
Services Law of the
Civil Administrative Code of Illinois is |
amended by adding Section 2205-36 as follows: | ||
(20 ILCS 2205/2205-36 new) | ||
Sec. 2205-36. Breakthrough Therapies for Veteran Suicide | ||
Prevention Program Advisory Council. | ||
(a) There is created within the Department of Healthcare | ||
and Family Services the Breakthrough Therapies for Veteran | ||
Suicide Prevention Program Advisory Council. The Council shall | ||
advise the Department on the rules and clinical infrastructure | ||
necessary to support clinical access to and training for | ||
medication-assisted United States Food and Drug Administration | ||
breakthrough therapies for veteran suicide prevention. In | ||
advising the Department under this Section, the Council shall | ||
advise the Department on: | ||
(1) the award of grants for breakthrough therapy | ||
treatment through the Veteran Suicide Prevention Program; | ||
(2) the necessary education, training, licensing, and | ||
credentialing of providers; | ||
(3) patient safety and harm reduction; | ||
(4) costs, insurance reimbursement, and strategies to | ||
safely increase affordable access to care, including the | ||
use of group therapy; | ||
(5) standards for treatment facilities; | ||
(6) relevant federal regulations and guidelines that | ||
relevant State agencies may consider adopting; | ||
(7) assisting with the development of public awareness |
and education campaigns related to veteran suicides; | ||
(8) additional funding needed for subsidized patient | ||
access and provider and therapist training; | ||
(9) overall Fund budget; | ||
(10) periodic Fund evaluation; | ||
(11) developing criteria and standards for the award | ||
of grants and fellowships; | ||
(12) developing and providing oversight regarding | ||
mechanisms for the dissemination of treatment and training | ||
data; and | ||
(13) developing provisions to ensure justice, equity, | ||
diversity, and inclusion are considered in the | ||
administration of grants and recommendations made to the | ||
Department. | ||
(b) The Council shall consist of 9 members: | ||
(1) three members appointed by the Governor; | ||
(2) two members appointed by the President of the | ||
Senate; | ||
(3) two members appointed by the Speaker of the House | ||
of Representatives; | ||
(4) one member appointed by The Minority Leader of the | ||
Senate; and | ||
(5) one member appointed by the Minority Leader of the | ||
House. | ||
(c) The Council shall include at least 3 veterans. The | ||
Council shall also include members with expertise in |
breakthrough therapy research, clinical mental health | ||
treatment, public health, access to mental and behavioral | ||
healthcare in underserved communities, veteran mental and | ||
behavioral healthcare, and harm reduction. The Department of | ||
Healthcare and Family Services shall provide administrative | ||
support to the Council. | ||
(d) The Council shall adopt internal organizational | ||
procedures as necessary for its efficient organization. | ||
(e) Members of the Council shall serve without | ||
compensation. | ||
ARTICLE 60. | ||
Section 60-5. The Secretary of State Act is amended by | ||
changing Section 18 as follows: | ||
(15 ILCS 305/18) | ||
Sec. 18. Electronic Filing Supplemental Deposits into | ||
Department of Business Services Special Operations Fund. When | ||
a submission to the Secretary of State is made electronically, | ||
but does not include a request for expedited services, | ||
pursuant to the provisions of this amendatory Act of the 100th | ||
General Assembly up to $25 for each such transaction under the | ||
General Not For Profit Corporation Act of 1986 and up to $50 | ||
from each such transaction under the Business Corporation Act | ||
of 1983, the Limited Liability Company Act, or the Uniform |
Limited Partnership Act (2001) shall be deposited into the | ||
Department of Business Services Special Operations Fund, and | ||
the remainder of any fee deposited into the General Revenue | ||
Fund. However, in no circumstance may the supplemental | ||
deposits provided by this Section cause the total deposits | ||
into the Special Operations Fund in any fiscal year from | ||
electronic submissions under the Business Corporation Act of | ||
1983, the General Not For Profit Corporation Act of 1986, the | ||
Limited Liability Company Act, the Uniform Partnership Act | ||
(1997), and the Uniform Limited Partnership Act (2001), | ||
whether or not for expedited services, to exceed $11,326,225. | ||
The Secretary of State has the authority to adopt rules | ||
necessary to implement this Section, in accordance with the | ||
Illinois Administrative Procedure Act. This Section does not | ||
apply on or after July 1, 2023.
| ||
(Source: P.A. 102-16, eff. 6-17-21.) | ||
Section 60-10. The State Finance Act is amended by | ||
changing Sections 6z-34 and 6z-70 as follows:
| ||
(30 ILCS 105/6z-34)
| ||
Sec. 6z-34. Secretary of State Special Services Fund. | ||
There
is created in the State Treasury a special fund to be | ||
known as the Secretary of
State Special Services Fund. Moneys | ||
deposited into the Fund may, subject to
appropriation, be used | ||
by the Secretary of State for any or all of the
following |
purposes:
| ||
(1) For general automation efforts within operations | ||
of the Office of
Secretary of State.
| ||
(2) For technology applications in any form that will | ||
enhance the
operational capabilities of the Office of | ||
Secretary of State.
| ||
(3) To provide funds for any type of library grants | ||
authorized and
administered by the Secretary of State as | ||
State Librarian. | ||
(4) For the purposes of the Secretary of State's | ||
operating program expenses related to the enforcement of | ||
administrative laws related to vehicles and | ||
transportation.
| ||
These funds are in addition to any other funds otherwise | ||
authorized to the
Office of Secretary of State for like or | ||
similar purposes.
| ||
On August 15, 1997, all fiscal year 1997 receipts that | ||
exceed the
amount of $15,000,000 shall be transferred from | ||
this Fund to the Technology Management Revolving Fund | ||
(formerly known as the Statistical
Services Revolving Fund); | ||
on August 15, 1998 and each year thereafter
through 2000, all
| ||
receipts from the fiscal year ending on the previous June 30th | ||
that exceed the
amount of $17,000,000 shall be transferred | ||
from this Fund to the Technology Management Revolving Fund | ||
(formerly known as the Statistical
Services Revolving Fund); | ||
on August 15, 2001 and each year thereafter
through 2002, all
|
receipts from the fiscal year ending on the previous June 30th | ||
that exceed the
amount of $19,000,000 shall be transferred | ||
from this Fund to the Technology Management Revolving Fund | ||
(formerly known as the Statistical
Services Revolving Fund); | ||
and on August 15, 2003 and each year thereafter through 2022 , | ||
all
receipts from the fiscal year ending on the previous June | ||
30th that exceed the
amount of $33,000,000 shall be | ||
transferred from this Fund to the Technology Management | ||
Revolving Fund (formerly known as the Statistical
Services | ||
Revolving Fund).
| ||
(Source: P.A. 100-23, eff. 7-6-17; 101-10, eff. 6-5-19.)
| ||
(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).
|
(d) (Blank). | ||
(e) (Blank). | ||
(f) (Blank). | ||
(g) (Blank). | ||
(h) (Blank). | ||
(i) (Blank). | ||
(j) (Blank). | ||
(k) (Blank). | ||
(l) (Blank). | ||
(m) (Blank). | ||
(n) (Blank). 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 |
(o) Notwithstanding any other provision of State law to | ||
the contrary, on or after July 1, 2022, and until June 30, | ||
2023, 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 ..................$400,000 | ||
Department of Business Services Special | ||
Operations Fund ...........................$5,500,000 | ||
Securities Audit and Enforcement Fund .........$4,000,000 | ||
Corporate Franchise Tax Refund Fund ...........$4,000,000 | ||
(p) Notwithstanding any other provision of State law to | ||
the contrary, on or after July 1, 2023, and until June 30, | ||
2024, 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 ...................$400,000 | ||
Department of Business Services Special | ||
Operations Fund ............................$5,500,000 |
Securities Audit and Enforcement Fund ..........$4,000,000 | ||
(Source: P.A. 101-10, eff. 6-5-19; 101-636, eff. 6-10-20; | ||
102-16, eff. 6-17-21; 102-699, eff. 4-19-22.) | ||
Section 60-15. The Business Corporation Act of 1983 is | ||
amended by changing Section 15.97 as follows:
| ||
(805 ILCS 5/15.97) (from Ch. 32, par. 15.97)
| ||
(Section scheduled to be repealed on December 31, 2024)
| ||
Sec. 15.97. Corporate Franchise Tax Refund Fund.
| ||
(a) Beginning July 1, 1993, a percentage of the amounts | ||
collected
under Sections 15.35, 15.45, 15.65, and 15.75 of | ||
this Act shall be
deposited into the Corporate Franchise Tax | ||
Refund Fund, a special Fund
hereby created in the State | ||
treasury. From July 1, 1993, until December 31,
1994, there | ||
shall be deposited into the Fund 3% of the amounts received
| ||
under those Sections. Beginning January 1, 1995, and for each | ||
fiscal year
beginning thereafter, 2% of the amounts collected | ||
under those Sections
during the preceding fiscal year shall be | ||
deposited into the Fund.
| ||
(b) Beginning July 1, 1993, moneys in the Fund shall be | ||
expended
exclusively for the purpose of paying refunds payable | ||
because of overpayment
of franchise taxes, penalties, or | ||
interest under Sections 13.70, 15.35,
15.45, 15.65, 15.75, and | ||
16.05 of this
Act and making transfers authorized under this | ||
Section. Refunds in
accordance with the provisions of |
subsections (f) and (g) of Section 1.15
and Section 1.17 of | ||
this Act may be made from the Fund only to the extent that
| ||
amounts collected under Sections 15.35, 15.45, 15.65, and | ||
15.75 of this Act
have been deposited in the Fund and remain | ||
available. On or before August 31 of each year, the balance in | ||
the Fund in excess of $100,000 shall be transferred to the | ||
General Revenue Fund. Notwithstanding the provisions of this | ||
subsection, for the period commencing on or after July 1, | ||
2022, amounts in the fund shall not be transferred to the | ||
General Revenue Fund and shall be used to pay refunds in | ||
accordance with the provisions of this Act. Within a | ||
reasonable time after December 31, 2022, the Secretary of | ||
State shall direct and the Comptroller shall order transferred | ||
to the General Revenue Fund all amounts remaining in the fund.
| ||
(c) This Act shall constitute an irrevocable and | ||
continuing
appropriation from the Corporate Franchise Tax | ||
Refund Fund for the purpose
of paying refunds upon the order of | ||
the Secretary of State in accordance
with the provisions of | ||
this Section.
| ||
(d) This Section is repealed on December 31, 2024. | ||
(Source: P.A. 101-9, eff. 6-5-19; 102-282, eff. 1-1-22 .)
| ||
Section 60-20. The Limited Liability Company Act is | ||
amended by changing Section 50-55 as follows: | ||
(805 ILCS 180/50-55) |
Sec. 50-55. Disposition of fees. Of Until July 1, 2021, of | ||
the total money collected for the filing of annual reports | ||
under this Act, $10 of the filing fee shall be paid into the | ||
Department of Business Services Special Operations Fund. The | ||
remaining money collected for the filing of annual reports | ||
under this Act shall be deposited into the General Revenue | ||
Fund in the State Treasury.
| ||
(Source: P.A. 100-561, eff. 7-1-18 .) | ||
ARTICLE 65. | ||
Section 65-5. The State Budget Law of the Civil | ||
Administrative Code of Illinois is amended by changing Section | ||
50-25 as follows: | ||
(15 ILCS 20/50-25) | ||
Sec. 50-25. Statewide prioritized goals. | ||
(a) Definitions. As used in this Section: | ||
"Commission" means the Budgeting for Results Commission | ||
established by this Section. | ||
"Result area" means major organizational categories of | ||
State government as defined by the Governor. | ||
"Outcome area" means subcategories of result areas that | ||
further define, and facilitate the measurement of the result | ||
area, as established by the Governor. | ||
(b) Statewide prioritized goals. For fiscal year 2025 2012 |
and each fiscal year thereafter, prior to the submission of | ||
the State budget, the Governor, in consultation with the | ||
Commission appropriation committees of the General Assembly | ||
and, beginning with budgets prepared for fiscal year 2013, the | ||
commission established under this Section, shall: (i) identify | ||
statewide result areas prioritize outcomes that are most | ||
important for each State agency of the executive branch under | ||
the jurisdiction of the Governor to achieve for the next | ||
fiscal year and (ii) identify outcome areas, which further | ||
define the statewide result areas, into which State programs | ||
and associated spending can be categorized set goals to | ||
accomplish those outcomes according to the priority of the | ||
outcome . There must be a reasonable number of annually defined | ||
statewide result and outcome areas goals defining State | ||
priorities for the budget. Each result and outcome goal shall | ||
be further defined to facilitate success in achieving that | ||
result or outcome goal . | ||
(c) Budgeting for Results Commission. On or after July 31, | ||
2024 No later than July 31 of each fiscal year beginning in | ||
fiscal year 2012 , the Governor shall establish a commission | ||
for the purpose of advising the Governor in the implementation | ||
of performance-based budgeting in Illinois State government, | ||
setting statewide result and outcome areas, and providing | ||
oversight and guidance for comprehensive program assessments | ||
and benefit-cost analysis of State agency programs those | ||
outcomes and goals, including the timeline for achieving those |
outcomes and goals . | ||
(1) Membership. The commission shall be composed of | ||
voting and non-voting members appointed by the Governor. | ||
The commission shall be a well-balanced group and shall be | ||
not more than 15 and not less than 8 members. Members | ||
appointed by the Governor shall serve a three-year term, | ||
beginning and ending on July 1 of each year. Vacancies in | ||
Commission membership shall be filled in the same manner | ||
as initial appointments. Appointments to fill vacancies | ||
occurring before the expiration of a term shall be for the | ||
remainder of the term. Members shall serve until their | ||
successors are appointed. a manageable size. | ||
(2) Bylaws. The commission may adopt bylaws for the | ||
regulation of its affairs and the conduct of its business. | ||
(3) Quorum. Total membership of the Commission | ||
consists of the number of voting members serving on the | ||
Commission, not including any vacant positions. A quorum | ||
consists of a simple majority of total voting membership | ||
and shall be sufficient to conduct the business of the | ||
commission, unless stipulated otherwise in the bylaws of | ||
the commission. A member may submit a proxy in writing to | ||
the Commission Co-Chairs or the Commission Staff Director | ||
no later than 24 hours before a scheduled meeting, and | ||
that proxy shall count toward the quorum for that meeting | ||
only. | ||
(4) Chairpersons. Two Co-Chairs of the commission |
shall be appointed by the Governor. The Co-Chairs shall be | ||
one member of the General Assembly and one person who is | ||
not a member of the General Assembly. | ||
(5) Meetings. The commission shall hold at least 2 | ||
in-person public meetings during each fiscal year. One | ||
meeting shall be held in the City of Chicago and one | ||
meeting shall be held in the City of Springfield. The | ||
commission may choose by a majority vote of its members to | ||
hold one virtual meeting, which is open to the public and | ||
over the Internet, in lieu of the 2 in-person public | ||
meetings required under this Section. | ||
(6) Compensation. Members shall not receive | ||
compensation for their services. | ||
(7) Annual report. By November 1 of each year, the | ||
commission shall submit a report to the Governor and the | ||
General Assembly setting forth recommendations with | ||
respect to the Governor's implementation of | ||
performance-based budgeting in Illinois State government | ||
proposed outcomes and goals . The report shall be published | ||
on the Governor's Office of Management and Budget's | ||
website. In its report, the commission shall report on the | ||
status of comprehensive program assessments and benefit | ||
cost analysis of state agency programs conducted during | ||
the prior year propose a percentage of the total budget to | ||
be assigned to each proposed outcome and goal . | ||
The commission shall also review existing statutory |
mandates mandated expenditures and include in its report | ||
recommendations for the repeal or modification of statutory | ||
mandates and funds or the State treasury which are out-of-date | ||
or unduly burdensome to the operations of State government | ||
termination of mandated expenditures . | ||
The General Assembly may object to the commission's report | ||
by passing a joint resolution detailing the General Assembly's | ||
objections. | ||
(d) In addition, each other constitutional officer of the | ||
executive branch, in consultation with the appropriation | ||
committees of the General Assembly, shall: (i) prioritize | ||
outcomes that are most important for his or her office to | ||
achieve for the next fiscal year and (ii) set goals to | ||
accomplish those outcomes according to the priority of the | ||
outcome. The Governor and each constitutional officer shall | ||
separately conduct performance analyses to determine which | ||
programs, strategies, and activities will best achieve those | ||
desired outcomes. The Governor shall recommend that | ||
appropriations be made to State agencies and officers for the | ||
next fiscal year based on the agreed upon result and outcome | ||
areas goals and priorities . Each agency and officer may | ||
develop its own strategies for meeting those goals and shall | ||
review and analyze those strategies on a regular basis. The | ||
Governor shall also implement procedures to measure annual | ||
progress toward the State's statewide results and outcomes | ||
highest priority outcomes and shall develop a statewide |
reporting system that collects performance data from all | ||
programs under the authority of the Governor compares the | ||
actual results with budgeted results . Those performance | ||
measures and results shall be posted on the Governor's Office | ||
of Management and Budget website State Comptroller's website, | ||
and compiled for distribution in the Comptroller's Public | ||
Accountability Report, as is currently the practice on the | ||
effective date of this amendatory Act of the 96th General | ||
Assembly .
| ||
(Source: P.A. 102-801, eff. 5-13-22.) | ||
ARTICLE 75. | ||
Section 75-5. The Freedom of Information Act is amended by | ||
changing Section 7.5 as follows:
| ||
(5 ILCS 140/7.5)
| ||
Sec. 7.5. Statutory exemptions. To the extent provided for | ||
by the statutes referenced below, the following shall be | ||
exempt from inspection and copying: | ||
(a) All information determined to be confidential | ||
under Section 4002 of the Technology Advancement and | ||
Development Act. | ||
(b) Library circulation and order records identifying | ||
library users with specific materials under the Library | ||
Records Confidentiality Act. |
(c) Applications, related documents, and medical | ||
records received by the Experimental Organ Transplantation | ||
Procedures Board and any and all documents or other | ||
records prepared by the Experimental Organ Transplantation | ||
Procedures Board or its staff relating to applications it | ||
has received. | ||
(d) Information and records held by the Department of | ||
Public Health and its authorized representatives relating | ||
to known or suspected cases of sexually transmissible | ||
disease or any information the disclosure of which is | ||
restricted under the Illinois Sexually Transmissible | ||
Disease Control Act. | ||
(e) Information the disclosure of which is exempted | ||
under Section 30 of the Radon Industry Licensing Act. | ||
(f) Firm performance evaluations under Section 55 of | ||
the Architectural, Engineering, and Land Surveying | ||
Qualifications Based Selection Act. | ||
(g) Information the disclosure of which is restricted | ||
and exempted under Section 50 of the Illinois Prepaid | ||
Tuition Act. | ||
(h) Information the disclosure of which is exempted | ||
under the State Officials and Employees Ethics Act, and | ||
records of any lawfully created State or local inspector | ||
general's office that would be exempt if created or | ||
obtained by an Executive Inspector General's office under | ||
that Act. |
(i) Information contained in a local emergency energy | ||
plan submitted to a municipality in accordance with a | ||
local emergency energy plan ordinance that is adopted | ||
under Section 11-21.5-5 of the Illinois Municipal Code. | ||
(j) Information and data concerning the distribution | ||
of surcharge moneys collected and remitted by carriers | ||
under the Emergency Telephone System Act. | ||
(k) Law enforcement officer identification information | ||
or driver identification information compiled by a law | ||
enforcement agency or the Department of Transportation | ||
under Section 11-212 of the Illinois Vehicle Code. | ||
(l) Records and information provided to a residential | ||
health care facility resident sexual assault and death | ||
review team or the Executive Council under the Abuse | ||
Prevention Review Team Act. | ||
(m) Information provided to the predatory lending | ||
database created pursuant to Article 3 of the Residential | ||
Real Property Disclosure Act, except to the extent | ||
authorized under that Article. | ||
(n) Defense budgets and petitions for certification of | ||
compensation and expenses for court appointed trial | ||
counsel as provided under Sections 10 and 15 of the | ||
Capital Crimes Litigation Act. This subsection (n) shall | ||
apply until the conclusion of the trial of the case, even | ||
if the prosecution chooses not to pursue the death penalty | ||
prior to trial or sentencing. |
(o) Information that is prohibited from being | ||
disclosed under Section 4 of the Illinois Health and | ||
Hazardous Substances Registry Act. | ||
(p) Security portions of system safety program plans, | ||
investigation reports, surveys, schedules, lists, data, or | ||
information compiled, collected, or prepared by or for the | ||
Department of Transportation under Sections 2705-300 and | ||
2705-616 of the Department of Transportation Law of the | ||
Civil Administrative Code of Illinois, the Regional | ||
Transportation Authority under Section 2.11 of the | ||
Regional Transportation Authority Act, or the St. Clair | ||
County Transit District under the Bi-State Transit Safety | ||
Act. | ||
(q) Information prohibited from being disclosed by the | ||
Personnel Record Review Act. | ||
(r) Information prohibited from being disclosed by the | ||
Illinois School Student Records Act. | ||
(s) Information the disclosure of which is restricted | ||
under Section 5-108 of the Public Utilities Act.
| ||
(t) All identified or deidentified health information | ||
in the form of health data or medical records contained | ||
in, stored in, submitted to, transferred by, or released | ||
from the Illinois Health Information Exchange, and | ||
identified or deidentified health information in the form | ||
of health data and medical records of the Illinois Health | ||
Information Exchange in the possession of the Illinois |
Health Information Exchange Office due to its | ||
administration of the Illinois Health Information | ||
Exchange. The terms "identified" and "deidentified" shall | ||
be given the same meaning as in the Health Insurance | ||
Portability and Accountability Act of 1996, Public Law | ||
104-191, or any subsequent amendments thereto, and any | ||
regulations promulgated thereunder. | ||
(u) Records and information provided to an independent | ||
team of experts under the Developmental Disability and | ||
Mental Health Safety Act (also known as Brian's Law). | ||
(v) Names and information of people who have applied | ||
for or received Firearm Owner's Identification Cards under | ||
the Firearm Owners Identification Card Act or applied for | ||
or received a concealed carry license under the Firearm | ||
Concealed Carry Act, unless otherwise authorized by the | ||
Firearm Concealed Carry Act; and databases under the | ||
Firearm Concealed Carry Act, records of the Concealed | ||
Carry Licensing Review Board under the Firearm Concealed | ||
Carry Act, and law enforcement agency objections under the | ||
Firearm Concealed Carry Act. | ||
(v-5) Records of the Firearm Owner's Identification | ||
Card Review Board that are exempted from disclosure under | ||
Section 10 of the Firearm Owners Identification Card Act. | ||
(w) Personally identifiable information which is | ||
exempted from disclosure under subsection (g) of Section | ||
19.1 of the Toll Highway Act. |
(x) Information which is exempted from disclosure | ||
under Section 5-1014.3 of the Counties Code or Section | ||
8-11-21 of the Illinois Municipal Code. | ||
(y) Confidential information under the Adult | ||
Protective Services Act and its predecessor enabling | ||
statute, the Elder Abuse and Neglect Act, including | ||
information about the identity and administrative finding | ||
against any caregiver of a verified and substantiated | ||
decision of abuse, neglect, or financial exploitation of | ||
an eligible adult maintained in the Registry established | ||
under Section 7.5 of the Adult Protective Services Act. | ||
(z) Records and information provided to a fatality | ||
review team or the Illinois Fatality Review Team Advisory | ||
Council under Section 15 of the Adult Protective Services | ||
Act. | ||
(aa) Information which is exempted from disclosure | ||
under Section 2.37 of the Wildlife Code. | ||
(bb) Information which is or was prohibited from | ||
disclosure by the Juvenile Court Act of 1987. | ||
(cc) Recordings made under the Law Enforcement | ||
Officer-Worn Body Camera Act, except to the extent | ||
authorized under that Act. | ||
(dd) Information that is prohibited from being | ||
disclosed under Section 45 of the Condominium and Common | ||
Interest Community Ombudsperson Act. | ||
(ee) Information that is exempted from disclosure |
under Section 30.1 of the Pharmacy Practice Act. | ||
(ff) Information that is exempted from disclosure | ||
under the Revised Uniform Unclaimed Property Act. | ||
(gg) Information that is prohibited from being | ||
disclosed under Section 7-603.5 of the Illinois Vehicle | ||
Code. | ||
(hh) Records that are exempt from disclosure under | ||
Section 1A-16.7 of the Election Code. | ||
(ii) Information which is exempted from disclosure | ||
under Section 2505-800 of the Department of Revenue Law of | ||
the Civil Administrative Code of Illinois. | ||
(jj) Information and reports that are required to be | ||
submitted to the Department of Labor by registering day | ||
and temporary labor service agencies but are exempt from | ||
disclosure under subsection (a-1) of Section 45 of the Day | ||
and Temporary Labor Services Act. | ||
(kk) Information prohibited from disclosure under the | ||
Seizure and Forfeiture Reporting Act. | ||
(ll) Information the disclosure of which is restricted | ||
and exempted under Section 5-30.8 of the Illinois Public | ||
Aid Code. | ||
(mm) Records that are exempt from disclosure under | ||
Section 4.2 of the Crime Victims Compensation Act. | ||
(nn) Information that is exempt from disclosure under | ||
Section 70 of the Higher Education Student Assistance Act. | ||
(oo) Communications, notes, records, and reports |
arising out of a peer support counseling session | ||
prohibited from disclosure under the First Responders | ||
Suicide Prevention Act. | ||
(pp) Names and all identifying information relating to | ||
an employee of an emergency services provider or law | ||
enforcement agency under the First Responders Suicide | ||
Prevention Act. | ||
(qq) Information and records held by the Department of | ||
Public Health and its authorized representatives collected | ||
under the Reproductive Health Act. | ||
(rr) Information that is exempt from disclosure under | ||
the Cannabis Regulation and Tax Act. | ||
(ss) Data reported by an employer to the Department of | ||
Human Rights pursuant to Section 2-108 of the Illinois | ||
Human Rights Act. | ||
(tt) Recordings made under the Children's Advocacy | ||
Center Act, except to the extent authorized under that | ||
Act. | ||
(uu) Information that is exempt from disclosure under | ||
Section 50 of the Sexual Assault Evidence Submission Act. | ||
(vv) Information that is exempt from disclosure under | ||
subsections (f) and (j) of Section 5-36 of the Illinois | ||
Public Aid Code. | ||
(ww) Information that is exempt from disclosure under | ||
Section 16.8 of the State Treasurer Act. | ||
(xx) Information that is exempt from disclosure or |
information that shall not be made public under the | ||
Illinois Insurance Code. | ||
(yy) Information prohibited from being disclosed under | ||
the Illinois Educational Labor Relations Act. | ||
(zz) Information prohibited from being disclosed under | ||
the Illinois Public Labor Relations Act. | ||
(aaa) Information prohibited from being disclosed | ||
under Section 1-167 of the Illinois Pension Code. | ||
(bbb) Information that is prohibited from disclosure | ||
by the Illinois Police Training Act and the Illinois State | ||
Police Act. | ||
(ccc) Records exempt from disclosure under Section
| ||
2605-304 of the Illinois State Police Law of the Civil
| ||
Administrative Code of Illinois. | ||
(ddd) Information prohibited from being disclosed | ||
under Section 35 of the Address Confidentiality for | ||
Victims of Domestic Violence, Sexual Assault, Human | ||
Trafficking, or Stalking Act. | ||
(eee) Information prohibited from being disclosed | ||
under subsection (b) of Section 75 of the Domestic | ||
Violence Fatality Review Act. | ||
(fff) Images from cameras under the Expressway Camera | ||
Act. This subsection (fff) is inoperative on and after | ||
July 1, 2023. | ||
(ggg) Information prohibited from disclosure under | ||
paragraph (3) of subsection (a) of Section 14 of the Nurse |
Agency Licensing Act. | ||
(hhh) Information submitted to the Illinois Department | ||
of State Police in an affidavit or application for an | ||
assault weapon endorsement, assault weapon attachment | ||
endorsement, .50 caliber rifle endorsement, or .50 caliber | ||
cartridge endorsement under the Firearm Owners | ||
Identification Card Act. | ||
(iii) Data exempt from disclosure under Section
50 of | ||
the School Safety Drill Act. | ||
(Source: P.A. 101-13, eff. 6-12-19; 101-27, eff. 6-25-19; | ||
101-81, eff. 7-12-19; 101-221, eff. 1-1-20; 101-236, eff. | ||
1-1-20; 101-375, eff. 8-16-19; 101-377, eff. 8-16-19; 101-452, | ||
eff. 1-1-20; 101-466, eff. 1-1-20; 101-600, eff. 12-6-19; | ||
101-620, eff 12-20-19; 101-649, eff. 7-7-20; 101-652, eff. | ||
1-1-22; 101-656, eff. 3-23-21; 102-36, eff. 6-25-21; 102-237, | ||
eff. 1-1-22; 102-292, eff. 1-1-22; 102-520, eff. 8-20-21; | ||
102-559, eff. 8-20-21; 102-813, eff. 5-13-22; 102-946, eff. | ||
7-1-22; 102-1042, eff. 6-3-22; 102-1116, eff. 1-10-23; revised | ||
2-13-23.) | ||
Section 75-10. The School Safety Drill Act is amended by | ||
adding Section 50 as follows: | ||
(105 ILCS 128/50 new) | ||
Sec. 50. Crisis response mapping data grants. | ||
(a) Subject to appropriation, a public school district, a |
charter school, a special education cooperative or district, | ||
an education for employment system, a State-approved area | ||
career center, a public university laboratory school, the | ||
Illinois Mathematics and Science Academy, the Department of | ||
Juvenile Justice School District, a regional office of | ||
education, the Illinois School for the Deaf, the Illinois | ||
School for the Visually Impaired, the Philip J. Rock Center | ||
and School, an early childhood or preschool program supported | ||
by the Early Childhood Block Grant, or any other public school | ||
entity designated by the State Board of Education by rule, may | ||
apply to the State Board of Education or the State Board of | ||
Education or the State Board's designee for a grant to obtain | ||
crisis response mapping data and to provide copies of the | ||
crisis response mapping data to appropriate local, county, | ||
State, and federal first responders for use in response to | ||
emergencies. The crisis response mapping data shall be stored | ||
and provided in an electronic or digital format to assist | ||
first responders in responding to emergencies at the school. | ||
(b) Subject to appropriation, including funding for any | ||
administrative costs reasonably incurred by the State Board of | ||
Education or the State Board's designee in the administration | ||
of the grant program described by this Section, the State | ||
Board shall provide grants to any entity in subsection (a) | ||
upon approval of an application submitted by the entity to | ||
cover the costs incurred in obtaining crisis response mapping | ||
data under this Section. The grant application must include |
crisis response mapping data for all schools under the | ||
jurisdiction of the entity submitting the application, | ||
including, in the case of a public school district, any | ||
charter schools authorized by the school board for the school | ||
district. | ||
(c) To be eligible for a grant under this Section, the | ||
crisis response mapping data must, at a minimum: | ||
(1) be compatible and integrate into security software | ||
platforms in use by the specific school for which the data | ||
is provided without requiring local law enforcement | ||
agencies or the school district to purchase additional | ||
software or requiring the integration of third-party | ||
software to view the data; | ||
(2) be compatible with security software platforms in | ||
use by the specific school for which the data is provided | ||
without requiring local public safety agencies or the | ||
school district to purchase additional software or | ||
requiring the integration of third-party software to view | ||
the data; | ||
(3) be capable of being provided in a printable | ||
format; | ||
(4) be verified for accuracy by an on-site | ||
walk-through of the school building and grounds; | ||
(5) be oriented to true north; | ||
(6) be overlaid on current aerial imagery or plans of | ||
the school building; |
(7) contain site-specific labeling that matches the | ||
structure of the school building, including room labels, | ||
hallway names, and external door or stairwell numbers and | ||
the location of hazards, critical utilities, key boxes, | ||
automated external defibrillators, and trauma kits, and | ||
that matches the school grounds, including parking areas, | ||
athletic fields, surrounding roads, and neighboring | ||
properties; and | ||
(8) be overlaid with gridded x/y coordinates. | ||
(d) Subject to appropriation, the crisis response mapping | ||
data may be reviewed annually to update the data as necessary. | ||
(e) Crisis response mapping data obtained pursuant to this | ||
Section are confidential and exempt from disclosure under the
| ||
Freedom of Information Act. | ||
(f) The State Board may adopt rules to implement the | ||
provisions of this Section. | ||
ARTICLE 80. | ||
Section 80-5. The School Code is amended by changing | ||
Sections 10-20.21, 34-18, and 34-21.3 as follows:
| ||
(105 ILCS 5/10-20.21)
| ||
Sec. 10-20.21. Contracts.
| ||
(a)
To award all contracts for
purchase of supplies and | ||
materials or work involving an expenditure in excess of |
$35,000 $25,000 or a lower amount as required by board policy
| ||
to the lowest responsible bidder, considering conformity with
| ||
specifications, terms of delivery, quality and serviceability, | ||
after due
advertisement, except the following: | ||
(i) contracts for the services of
individuals | ||
possessing a high degree of professional skill where the
| ||
ability or fitness of the individual plays an important | ||
part; | ||
(ii)
contracts for the printing of finance committee | ||
reports and departmental
reports; | ||
(iii) contracts for the printing or engraving of | ||
bonds, tax
warrants and other evidences of indebtedness; | ||
(iv) contracts for the
purchase of perishable foods | ||
and perishable beverages; | ||
(v) contracts for
materials and work which have been | ||
awarded to the lowest responsible bidder
after due | ||
advertisement, but due to unforeseen revisions, not the | ||
fault of
the contractor for materials and work, must be | ||
revised causing expenditures
not in excess of 10% of the | ||
contract price; | ||
(vi)
contracts for the maintenance or servicing of, or | ||
provision of
repair parts for, equipment which are made | ||
with the manufacturer or
authorized service agent of that | ||
equipment where the provision of parts,
maintenance, or | ||
servicing can best be performed by the manufacturer or
| ||
authorized service agent; |
(vii) purchases and contracts for the use,
purchase, | ||
delivery, movement, or installation of data processing | ||
equipment,
software, or services and telecommunications | ||
and interconnect
equipment, software, and services; | ||
(viii) contracts for duplicating
machines and | ||
supplies; | ||
(ix) contracts for the purchase of fuel, including | ||
diesel, gasoline, oil, aviation, natural gas, or propane, | ||
lubricants, or other petroleum products; | ||
(x) purchases of
equipment previously owned by some | ||
entity other than the district
itself; | ||
(xi) contracts for repair, maintenance, remodeling, | ||
renovation, or
construction, or a single project involving | ||
an expenditure not to exceed
$50,000 and not involving a | ||
change or increase in the size, type, or extent
of an | ||
existing facility; | ||
(xii) contracts for goods or services procured
from | ||
another governmental agency; | ||
(xiii) contracts for goods or services
which are | ||
economically procurable from only one source, such as for | ||
the
purchase of magazines, books, periodicals, pamphlets | ||
and reports, and for
utility services such as water, | ||
light, heat, telephone or telegraph;
| ||
(xiv) where funds are expended in an emergency and | ||
such emergency
expenditure is approved by 3/4 of the | ||
members of the board; |
(xv) State master contracts authorized under Article | ||
28A of this Code; | ||
(xvi) contracts providing for the transportation of | ||
pupils, which contracts must be advertised in the same | ||
manner as competitive bids and awarded by first | ||
considering the bidder or bidders most able to provide | ||
safety and comfort for the pupils, stability of service, | ||
and any other factors set forth in the request for | ||
proposal regarding quality of service, and then price; and | ||
(xvii) contracts for goods, services, or management in | ||
the operation of a school's food service, including a | ||
school that participates in any of the United States | ||
Department of Agriculture's child nutrition programs if a | ||
good faith effort is made on behalf of the school district | ||
to give preference to: | ||
(1) contracts that procure food that promotes the | ||
health and well-being of students, in compliance with | ||
United States Department of Agriculture nutrition | ||
standards for school meals. Contracts should also | ||
promote the production of scratch made, minimally | ||
processed foods; | ||
(2) contracts that give a preference to State or | ||
regional suppliers that source local food products; | ||
(3) contracts that give a preference to food | ||
suppliers that utilize producers that adopt hormone | ||
and pest management practices recommended by the |
United States Department of Agriculture; | ||
(4) contracts that give a preference to food | ||
suppliers that value animal welfare; and | ||
(5) contracts that increase opportunities for | ||
businesses owned and operated by minorities, women, or | ||
persons with disabilities. | ||
Food supplier data shall be submitted to the school | ||
district at the time of the bid, to the best of the | ||
bidder's ability, and updated annually thereafter during | ||
the term of the contract. The contractor shall submit the | ||
updated food supplier data. The data required under this | ||
item (xvii) shall include the name and address of each | ||
supplier, distributor, processor, and producer involved in | ||
the provision of the products that the bidder is to | ||
supply. | ||
However, at no time shall a cause of action lie against a | ||
school board for awarding a pupil transportation contract per | ||
the standards set forth in this subsection (a) unless the | ||
cause of action is based on fraudulent conduct. | ||
All competitive
bids for contracts involving an | ||
expenditure in excess of $35,000 $25,000 or a lower amount as | ||
required by board policy must be
sealed by the bidder and must | ||
be opened by a member or employee of the
school board at a | ||
public bid opening at which the contents of the bids
must be | ||
announced. Each bidder must receive at least 3 days' notice of | ||
the
time and place of the bid opening. For purposes of this |
Section due
advertisement includes, but is not limited to, at | ||
least one public notice
at least 10 days before the bid date in | ||
a newspaper published in the
district, or if no newspaper is | ||
published in the district, in a newspaper
of general | ||
circulation in the area of the district. State master | ||
contracts and certified education purchasing contracts, as | ||
defined in Article 28A of this Code, are not subject to the | ||
requirements of this paragraph.
| ||
Under this Section, the acceptance of bids sealed by a | ||
bidder and the opening of these bids at a public bid opening | ||
may be permitted by an electronic process for communicating, | ||
accepting, and opening competitive bids. An electronic bidding | ||
process must provide for, but is not limited to, the following | ||
safeguards: | ||
(1) On the date and time certain of a bid opening, the | ||
primary person conducting the competitive, sealed, | ||
electronic bid process shall log onto a specified database | ||
using a unique username and password previously assigned | ||
to the bidder to allow access to the bidder's specific bid | ||
project number. | ||
(2) The specified electronic database must be on a | ||
network that (i) is in a secure environment behind a | ||
firewall; (ii) has specific encryption tools; (iii) | ||
maintains specific intrusion detection systems; (iv) has | ||
redundant systems architecture with data storage back-up, | ||
whether by compact disc or tape; and (v) maintains a |
disaster recovery plan.
| ||
It is the legislative intent of Public Act 96-841 to maintain | ||
the integrity of the sealed bidding process provided for in | ||
this Section, to further limit any possibility of bid-rigging, | ||
to reduce administrative costs to school districts, and to | ||
effect efficiencies in communications with bidders. | ||
(b) To require, as a condition of any contract for goods | ||
and services,
that persons
bidding for and awarded a contract | ||
and all affiliates of the person collect and
remit
Illinois | ||
Use Tax on all sales of tangible personal property into the | ||
State of
Illinois in
accordance with the provisions of the | ||
Illinois Use Tax Act regardless of whether
the
person or | ||
affiliate is a "retailer maintaining a place of business | ||
within this
State" as
defined in Section 2 of the Use Tax Act. | ||
For purposes of this Section, the term
"affiliate"
means any | ||
entity that (1) directly, indirectly, or constructively | ||
controls
another entity, (2)
is directly, indirectly, or | ||
constructively controlled by another entity, or (3)
is subject | ||
to
the control of a common entity. For purposes of this | ||
subsection (b), an entity
controls
another entity if it owns, | ||
directly or individually, more than 10% of the
voting
| ||
securities
of that entity. As used in this subsection (b), the | ||
term "voting security"
means a security
that (1) confers upon | ||
the holder the right to vote for the election of members
of the | ||
board
of directors or similar governing body of the business | ||
or (2) is convertible
into, or entitles
the holder to receive |
upon its exercise, a security that confers such a right
to
| ||
vote. A
general partnership interest is a voting security.
| ||
To require that bids and contracts include a certification | ||
by the bidder
or
contractor that the bidder or contractor is | ||
not barred from bidding for or
entering into a
contract under | ||
this Section and that the bidder or contractor acknowledges | ||
that
the school
board may declare the contract void if the | ||
certification completed pursuant to
this
subsection (b) is | ||
false.
| ||
(b-5) To require all contracts and agreements that pertain | ||
to goods and services and that are intended to generate | ||
additional revenue and other remunerations for the school | ||
district in excess of $1,000, including without limitation | ||
vending machine contracts, sports and other attire, class | ||
rings, and photographic services, to be approved by the school | ||
board. The school board shall file as an attachment to its | ||
annual budget a report, in a form as determined by the State | ||
Board of Education, indicating for the prior year the name of | ||
the vendor, the product or service provided, and the actual | ||
net revenue and non-monetary remuneration from each of the | ||
contracts or agreements. In addition, the report shall | ||
indicate for what purpose the revenue was used and how and to | ||
whom the non-monetary remuneration was distributed.
| ||
(b-10) To prohibit any contract to purchase food with a | ||
bidder or offeror if the bidder's or offeror's contract terms | ||
prohibit the school from donating food to food banks, |
including, but not limited to, homeless shelters, food | ||
pantries, and soup kitchens. | ||
(c) If the State education purchasing entity creates a | ||
master contract as defined in Article 28A of this Code, then | ||
the State education purchasing entity shall notify school | ||
districts of the existence of the master contract. | ||
(d) In purchasing supplies, materials, equipment, or | ||
services that are not subject to subsection (c) of this | ||
Section, before a school district solicits bids or awards a | ||
contract, the district may review and consider as a bid under | ||
subsection (a) of this Section certified education purchasing | ||
contracts that are already available through the State | ||
education purchasing entity. | ||
(Source: P.A. 101-570, eff. 8-23-19; 101-632, eff. 6-5-20; | ||
102-1101, eff. 6-29-22.)
| ||
(105 ILCS 5/34-18) (from Ch. 122, par. 34-18)
| ||
Sec. 34-18. Powers of the board. The board shall exercise | ||
general
supervision and jurisdiction over the public education | ||
and the public
school system of the city, and, except as | ||
otherwise provided by this
Article, shall have power:
| ||
1. To make suitable provision for the establishment | ||
and maintenance
throughout the year or for such portion | ||
thereof as it may direct, not
less than 9 months and in | ||
compliance with Section 10-19.05, of schools of all grades | ||
and kinds, including normal
schools, high schools, night |
schools, schools for defectives and
delinquents, parental | ||
and truant schools, schools for the blind, the
deaf, and | ||
persons with physical disabilities, schools or classes in | ||
manual training,
constructural and vocational teaching, | ||
domestic arts, and physical
culture, vocation and | ||
extension schools and lecture courses, and all
other | ||
educational courses and facilities, including | ||
establishing,
equipping, maintaining and operating | ||
playgrounds and recreational
programs, when such programs | ||
are conducted in, adjacent to, or connected
with any | ||
public school under the general supervision and | ||
jurisdiction
of the board; provided that the calendar for | ||
the school term and any changes must be submitted to and | ||
approved by the State Board of Education before the | ||
calendar or changes may take effect, and provided that in | ||
allocating funds
from year to year for the operation of | ||
all attendance centers within the
district, the board | ||
shall ensure that supplemental general State aid or | ||
supplemental grant funds
are allocated and applied in | ||
accordance with Section 18-8, 18-8.05, or 18-8.15. To
| ||
admit to such
schools without charge foreign exchange | ||
students who are participants in
an organized exchange | ||
student program which is authorized by the board.
The | ||
board shall permit all students to enroll in | ||
apprenticeship programs
in trade schools operated by the | ||
board, whether those programs are
union-sponsored or not. |
No student shall be refused admission into or
be excluded | ||
from any course of instruction offered in the common | ||
schools
by reason of that student's sex. No student shall | ||
be denied equal
access to physical education and | ||
interscholastic athletic programs
supported from school | ||
district funds or denied participation in
comparable | ||
physical education and athletic programs solely by reason | ||
of
the student's sex. Equal access to programs supported | ||
from school
district funds and comparable programs will be | ||
defined in rules
promulgated by the State Board of | ||
Education in
consultation with the Illinois High School | ||
Association.
Notwithstanding any other provision of this | ||
Article, neither the board
of education nor any local | ||
school council or other school official shall
recommend | ||
that children with disabilities be placed into regular | ||
education
classrooms unless those children with | ||
disabilities are provided with
supplementary services to | ||
assist them so that they benefit from the regular
| ||
classroom instruction and are included on the teacher's | ||
regular education
class register;
| ||
2. To furnish lunches to pupils, to make a reasonable | ||
charge
therefor, and to use school funds for the payment | ||
of such expenses as
the board may determine are necessary | ||
in conducting the school lunch
program;
| ||
3. To co-operate with the circuit court;
| ||
4. To make arrangements with the public or |
quasi-public libraries
and museums for the use of their | ||
facilities by teachers and pupils of
the public schools;
| ||
5. To employ dentists and prescribe their duties for | ||
the purpose of
treating the pupils in the schools, but | ||
accepting such treatment shall
be optional with parents or | ||
guardians;
| ||
6. To grant the use of assembly halls and classrooms | ||
when not
otherwise needed, including light, heat, and | ||
attendants, for free public
lectures, concerts, and other | ||
educational and social interests, free of
charge, under | ||
such provisions and control as the principal of the
| ||
affected attendance center may prescribe;
| ||
7. To apportion the pupils to the several schools; | ||
provided that no pupil
shall be excluded from or | ||
segregated in any such school on account of his
color, | ||
race, sex, or nationality. The board shall take into | ||
consideration
the prevention of segregation and the | ||
elimination of separation of children
in public schools | ||
because of color, race, sex, or nationality. Except that
| ||
children may be committed to or attend parental and social | ||
adjustment schools
established and maintained either for | ||
boys or girls only. All records
pertaining to the | ||
creation, alteration or revision of attendance areas shall
| ||
be open to the public. Nothing herein shall limit the | ||
board's authority to
establish multi-area attendance | ||
centers or other student assignment systems
for |
desegregation purposes or otherwise, and to apportion the | ||
pupils to the
several schools. Furthermore, beginning in | ||
school year 1994-95, pursuant
to a board plan adopted by | ||
October 1, 1993, the board shall offer, commencing
on a | ||
phased-in basis, the opportunity for families within the | ||
school
district to apply for enrollment of their children | ||
in any attendance center
within the school district which | ||
does not have selective admission
requirements approved by | ||
the board. The appropriate geographical area in
which such | ||
open enrollment may be exercised shall be determined by | ||
the
board of education. Such children may be admitted to | ||
any such attendance
center on a space available basis | ||
after all children residing within such
attendance | ||
center's area have been accommodated. If the number of
| ||
applicants from outside the attendance area exceed the | ||
space available,
then successful applicants shall be | ||
selected by lottery. The board of
education's open | ||
enrollment plan must include provisions that allow | ||
low-income students to have access to transportation | ||
needed to exercise school
choice. Open enrollment shall be | ||
in compliance with the provisions of the
Consent Decree | ||
and Desegregation Plan cited in Section 34-1.01;
| ||
8. To approve programs and policies for providing | ||
transportation
services to students. Nothing herein shall | ||
be construed to permit or empower
the State Board of | ||
Education to order, mandate, or require busing or other
|
transportation of pupils for the purpose of achieving | ||
racial balance in any
school;
| ||
9. Subject to the limitations in this Article, to | ||
establish and
approve system-wide curriculum objectives | ||
and standards, including graduation
standards, which | ||
reflect the
multi-cultural diversity in the city and are | ||
consistent with State law,
provided that for all purposes | ||
of this Article courses or
proficiency in American Sign | ||
Language shall be deemed to constitute courses
or | ||
proficiency in a foreign language; and to employ | ||
principals and teachers,
appointed as provided in this
| ||
Article, and fix their compensation. The board shall | ||
prepare such reports
related to minimal competency testing | ||
as may be requested by the State
Board of Education and, in | ||
addition, shall monitor and approve special
education and | ||
bilingual education programs and policies within the | ||
district to ensure
that appropriate services are provided | ||
in accordance with applicable
State and federal laws to | ||
children requiring services and education in those
areas;
| ||
10. To employ non-teaching personnel or utilize | ||
volunteer personnel
for: (i) non-teaching duties not | ||
requiring instructional judgment or
evaluation of pupils, | ||
including library duties; and (ii) supervising study
| ||
halls, long distance teaching reception areas used | ||
incident to instructional
programs transmitted by | ||
electronic media such as computers, video, and audio,
|
detention and discipline areas, and school-sponsored | ||
extracurricular
activities. The board may further utilize | ||
volunteer nonlicensed
personnel or employ nonlicensed | ||
personnel to
assist in the instruction of pupils under the | ||
immediate supervision of a
teacher holding a valid | ||
educator license, directly engaged in teaching
subject | ||
matter or conducting activities; provided that the teacher
| ||
shall be continuously aware of the nonlicensed persons' | ||
activities and
shall be able to control or modify them. | ||
The general superintendent shall
determine qualifications | ||
of such personnel and shall prescribe rules for
| ||
determining the duties and activities to be assigned to | ||
such personnel;
| ||
10.5. To utilize volunteer personnel from a regional | ||
School Crisis
Assistance Team (S.C.A.T.), created as part | ||
of the Safe to Learn Program
established pursuant to | ||
Section 25 of the Illinois Violence Prevention Act
of | ||
1995, to provide assistance to schools in times of | ||
violence or other
traumatic incidents within a school | ||
community by providing crisis
intervention services to | ||
lessen the effects of emotional trauma on
individuals and | ||
the community; the School Crisis Assistance Team
Steering | ||
Committee shall determine the qualifications for | ||
volunteers;
| ||
11. To provide television studio facilities in not to | ||
exceed one
school building and to provide programs for |
educational purposes,
provided, however, that the board | ||
shall not construct, acquire, operate,
or maintain a | ||
television transmitter; to grant the use of its studio
| ||
facilities to a licensed television station located in the | ||
school
district; and to maintain and operate not to exceed | ||
one school radio
transmitting station and provide programs | ||
for educational purposes;
| ||
12. To offer, if deemed appropriate, outdoor education | ||
courses,
including field trips within the State of | ||
Illinois, or adjacent states,
and to use school | ||
educational funds for the expense of the said outdoor
| ||
educational programs, whether within the school district | ||
or not;
| ||
13. During that period of the calendar year not | ||
embraced within the
regular school term, to provide and | ||
conduct courses in subject matters
normally embraced in | ||
the program of the schools during the regular
school term | ||
and to give regular school credit for satisfactory
| ||
completion by the student of such courses as may be | ||
approved for credit
by the State Board of Education;
| ||
14. To insure against any loss or liability of the | ||
board,
the former School Board Nominating Commission, | ||
Local School Councils, the
Chicago Schools Academic | ||
Accountability Council, or the former Subdistrict
Councils | ||
or of any member, officer, agent, or employee thereof, | ||
resulting
from alleged violations of civil rights arising |
from incidents occurring on
or after September 5, 1967 or | ||
from the wrongful or negligent act or
omission of any such | ||
person whether occurring within or without the school
| ||
premises, provided the officer, agent, or employee was, at | ||
the time of the
alleged violation of civil rights or | ||
wrongful act or omission, acting
within the scope of his | ||
or her employment or under direction of the board, the
| ||
former School
Board Nominating Commission, the Chicago | ||
Schools Academic Accountability
Council, Local School | ||
Councils, or the former Subdistrict Councils;
and to | ||
provide for or participate in insurance plans for its | ||
officers and
employees, including, but not limited to, | ||
retirement annuities, medical,
surgical and | ||
hospitalization benefits in such types and amounts as may | ||
be
determined by the board; provided, however, that the | ||
board shall contract
for such insurance only with an | ||
insurance company authorized to do business
in this State. | ||
Such insurance may include provision for employees who | ||
rely
on treatment by prayer or spiritual means alone for | ||
healing, in accordance
with the tenets and practice of a | ||
recognized religious denomination;
| ||
15. To contract with the corporate authorities of any | ||
municipality
or the county board of any county, as the | ||
case may be, to provide for
the regulation of traffic in | ||
parking areas of property used for school
purposes, in | ||
such manner as is provided by Section 11-209 of the
|
Illinois Vehicle Code;
| ||
16. (a) To provide, on an equal basis, access to a high
| ||
school campus and student directory information to the
| ||
official recruiting representatives of the armed forces of | ||
Illinois and
the United States for the purposes of | ||
informing students of the educational
and career | ||
opportunities available in the military if the board has | ||
provided
such access to persons or groups whose purpose is | ||
to acquaint students with
educational or occupational | ||
opportunities available to them. The board
is not required | ||
to give greater notice regarding the right of access to
| ||
recruiting representatives than is given to other persons | ||
and groups. In
this paragraph 16, "directory information" | ||
means a high school
student's name, address, and telephone | ||
number.
| ||
(b) If a student or his or her parent or guardian | ||
submits a signed,
written request to the high school | ||
before the end of the student's sophomore
year (or if the | ||
student is a transfer student, by another time set by
the | ||
high school) that indicates that the student or his or her | ||
parent or
guardian does
not want the student's directory | ||
information to be provided to official
recruiting | ||
representatives under subsection (a) of this Section, the | ||
high
school may not provide access to the student's | ||
directory information to
these recruiting representatives. | ||
The high school shall notify its
students and their |
parents or guardians of the provisions of this
subsection | ||
(b).
| ||
(c) A high school may require official recruiting | ||
representatives of
the armed forces of Illinois and the | ||
United States to pay a fee for copying
and mailing a | ||
student's directory information in an amount that is not
| ||
more than the actual costs incurred by the high school.
| ||
(d) Information received by an official recruiting | ||
representative
under this Section may be used only to | ||
provide information to students
concerning educational and | ||
career opportunities available in the military
and may not | ||
be released to a person who is not involved in recruiting
| ||
students for the armed forces of Illinois or the United | ||
States;
| ||
17. (a) To sell or market any computer program | ||
developed by an employee
of the school district, provided | ||
that such employee developed the computer
program as a | ||
direct result of his or her duties with the school | ||
district
or through the utilization of school district | ||
resources or facilities.
The employee who developed the | ||
computer program shall be entitled to share
in the | ||
proceeds of such sale or marketing of the computer | ||
program. The
distribution of such proceeds between the | ||
employee and the school district
shall be as agreed upon | ||
by the employee and the school district, except
that | ||
neither the employee nor the school district may receive |
more than 90%
of such proceeds. The negotiation for an | ||
employee who is represented by an
exclusive bargaining | ||
representative may be conducted by such bargaining
| ||
representative at the employee's request.
| ||
(b) For the purpose of this paragraph 17:
| ||
(1) "Computer" means an internally programmed, | ||
general purpose digital
device capable of | ||
automatically accepting data, processing data and | ||
supplying
the results of the operation.
| ||
(2) "Computer program" means a series of coded | ||
instructions or
statements in a form acceptable to a | ||
computer, which causes the computer to
process data in | ||
order to achieve a certain result.
| ||
(3) "Proceeds" means profits derived from the | ||
marketing or sale of a product
after deducting the | ||
expenses of developing and marketing such product;
| ||
18. To delegate to the general superintendent of
| ||
schools, by resolution, the authority to approve contracts | ||
and expenditures
in amounts of $35,000 $10,000 or less;
| ||
19. Upon the written request of an employee, to | ||
withhold from
the compensation of that employee any dues, | ||
payments, or contributions
payable by such employee to any | ||
labor organization as defined in the
Illinois Educational | ||
Labor Relations Act. Under such arrangement, an
amount | ||
shall be withheld from each regular payroll period which | ||
is equal to
the pro rata share of the annual dues plus any |
payments or contributions,
and the board shall transmit | ||
such withholdings to the specified labor
organization | ||
within 10 working days from the time of the withholding;
| ||
19a. Upon receipt of notice from the comptroller of a | ||
municipality with
a population of 500,000 or more, a | ||
county with a population of 3,000,000 or
more, the Cook | ||
County Forest Preserve District, the Chicago Park | ||
District, the
Metropolitan Water Reclamation District, the | ||
Chicago Transit Authority, or
a housing authority of a | ||
municipality with a population of 500,000 or more
that a | ||
debt is due and owing the municipality, the county, the | ||
Cook County
Forest Preserve District, the Chicago Park | ||
District, the Metropolitan Water
Reclamation District, the | ||
Chicago Transit Authority, or the housing authority
by an | ||
employee of the Chicago Board of Education, to withhold, | ||
from the
compensation of that employee, the amount of the | ||
debt that is due and owing
and pay the amount withheld to | ||
the municipality, the county, the Cook County
Forest | ||
Preserve District, the Chicago Park District, the | ||
Metropolitan Water
Reclamation District, the Chicago | ||
Transit Authority, or the housing authority;
provided, | ||
however, that the amount
deducted from any one salary or | ||
wage payment shall not exceed 25% of the net
amount of the | ||
payment. Before the Board deducts any amount from any | ||
salary or
wage of an employee under this paragraph, the | ||
municipality, the county, the
Cook County Forest Preserve |
District, the Chicago Park District, the
Metropolitan | ||
Water Reclamation District, the Chicago Transit Authority, | ||
or the
housing authority shall certify that (i) the | ||
employee has been afforded an
opportunity for a hearing to | ||
dispute the debt that is due and owing the
municipality, | ||
the county, the Cook County Forest Preserve District, the | ||
Chicago
Park District, the Metropolitan Water Reclamation | ||
District, the Chicago Transit
Authority, or the housing | ||
authority and (ii) the employee has received notice
of a | ||
wage deduction order and has been afforded an opportunity | ||
for a hearing to
object to the order. For purposes of this | ||
paragraph, "net amount" means that
part of the salary or | ||
wage payment remaining after the deduction of any amounts
| ||
required by law to be deducted and "debt due and owing" | ||
means (i) a specified
sum of money owed to the | ||
municipality, the county, the Cook County Forest
Preserve | ||
District, the Chicago Park District, the Metropolitan | ||
Water
Reclamation District, the Chicago Transit Authority, | ||
or the housing authority
for services, work, or goods, | ||
after the period granted for payment has expired,
or (ii) | ||
a specified sum of money owed to the municipality, the | ||
county, the Cook
County Forest Preserve District, the | ||
Chicago Park District, the Metropolitan
Water Reclamation | ||
District, the Chicago Transit Authority, or the housing
| ||
authority pursuant to a court order or order of an | ||
administrative hearing
officer after the exhaustion of, or |
the failure to exhaust, judicial review;
| ||
20. The board is encouraged to employ a sufficient | ||
number of
licensed school counselors to maintain a | ||
student/counselor ratio of 250 to
1. Each counselor shall | ||
spend at least 75% of his work
time in direct contact with | ||
students and shall maintain a record of such time;
| ||
21. To make available to students vocational and | ||
career
counseling and to establish 5 special career | ||
counseling days for students
and parents. On these days | ||
representatives of local businesses and
industries shall | ||
be invited to the school campus and shall inform students
| ||
of career opportunities available to them in the various | ||
businesses and
industries. Special consideration shall be | ||
given to counseling minority
students as to career | ||
opportunities available to them in various fields.
For the | ||
purposes of this paragraph, minority student means a | ||
person who is any of the following:
| ||
(a) American Indian or Alaska Native (a person having | ||
origins in any of the original peoples of North and South | ||
America, including Central America, and who maintains | ||
tribal affiliation or community attachment). | ||
(b) Asian (a person having origins in any of the | ||
original peoples of the Far East, Southeast Asia, or the | ||
Indian subcontinent, including, but not limited to, | ||
Cambodia, China, India, Japan, Korea, Malaysia, Pakistan, | ||
the Philippine Islands, Thailand, and Vietnam). |
(c) Black or African American (a person having origins | ||
in any of the black racial groups of Africa). | ||
(d) Hispanic or Latino (a person of Cuban, Mexican, | ||
Puerto Rican, South or Central American, or other Spanish | ||
culture or origin, regardless of race). | ||
(e) Native Hawaiian or Other Pacific Islander (a | ||
person having origins in any of the original peoples of | ||
Hawaii, Guam, Samoa, or other Pacific Islands).
| ||
Counseling days shall not be in lieu of regular school | ||
days;
| ||
22. To report to the State Board of Education the | ||
annual
student dropout rate and number of students who | ||
graduate from, transfer
from, or otherwise leave bilingual | ||
programs;
| ||
23. Except as otherwise provided in the Abused and | ||
Neglected Child
Reporting Act or other applicable State or | ||
federal law, to permit school
officials to withhold, from | ||
any person, information on the whereabouts of
any child | ||
removed from school premises when the child has been taken | ||
into
protective custody as a victim of suspected child | ||
abuse. School officials
shall direct such person to the | ||
Department of Children and Family Services
or to the local | ||
law enforcement agency, if appropriate;
| ||
24. To develop a policy, based on the current state of | ||
existing school
facilities, projected enrollment, and | ||
efficient utilization of available
resources, for capital |
improvement of schools and school buildings within
the | ||
district, addressing in that policy both the relative | ||
priority for
major repairs, renovations, and additions to | ||
school facilities and the
advisability or necessity of | ||
building new school facilities or closing
existing schools | ||
to meet current or projected demographic patterns within
| ||
the district;
| ||
25. To make available to the students in every high | ||
school attendance
center the ability to take all courses | ||
necessary to comply with the Board
of Higher Education's | ||
college entrance criteria effective in 1993;
| ||
26. To encourage mid-career changes into the teaching | ||
profession,
whereby qualified professionals become | ||
licensed teachers, by allowing
credit for professional | ||
employment in related fields when determining point
of | ||
entry on the teacher pay scale;
| ||
27. To provide or contract out training programs for | ||
administrative
personnel and principals with revised or | ||
expanded duties pursuant to this Code
in order to ensure | ||
they have the knowledge and skills to perform
their | ||
duties;
| ||
28. To establish a fund for the prioritized special | ||
needs programs, and
to allocate such funds and other lump | ||
sum amounts to each attendance center
in a manner | ||
consistent with the provisions of part 4 of Section | ||
34-2.3.
Nothing in this paragraph shall be construed to |
require any additional
appropriations of State funds for | ||
this purpose;
| ||
29. (Blank);
| ||
30. Notwithstanding any other provision of this Act or | ||
any other law to
the contrary, to contract with third | ||
parties for services otherwise performed
by employees, | ||
including those in a bargaining unit, and to layoff those
| ||
employees upon 14 days written notice to the affected | ||
employees. Those
contracts may be for a period not to | ||
exceed 5 years and may be awarded on a
system-wide basis. | ||
The board may not operate more than 30 contract schools, | ||
provided that the board may operate an additional 5 | ||
contract turnaround schools pursuant to item (5.5) of | ||
subsection (d) of Section 34-8.3 of this Code, and the | ||
governing bodies of contract schools are subject to the | ||
Freedom of Information Act and Open Meetings Act;
| ||
31. To promulgate rules establishing procedures | ||
governing the layoff or
reduction in force of employees | ||
and the recall of such employees, including,
but not | ||
limited to, criteria for such layoffs, reductions in force | ||
or recall
rights of such employees and the weight to be | ||
given to any particular
criterion. Such criteria shall | ||
take into account factors, including, but not
limited to, | ||
qualifications, certifications, experience, performance | ||
ratings or
evaluations, and any other factors relating to | ||
an employee's job performance;
|
32. To develop a policy to prevent nepotism in the | ||
hiring of personnel
or the selection of contractors;
| ||
33. (Blank); and
| ||
34. To establish a Labor Management Council to the | ||
board
comprised of representatives of the board, the chief | ||
executive
officer, and those labor organizations that are | ||
the exclusive
representatives of employees of the board | ||
and to promulgate
policies and procedures for the | ||
operation of the Council.
| ||
The specifications of the powers herein granted are not to | ||
be
construed as exclusive, but the board shall also exercise | ||
all other
powers that may be requisite or proper for the | ||
maintenance and the
development of a public school system, not | ||
inconsistent with the other
provisions of this Article or | ||
provisions of this Code which apply to all
school districts.
| ||
In addition to the powers herein granted and authorized to | ||
be exercised
by the board, it shall be the duty of the board to | ||
review or to direct
independent reviews of special education | ||
expenditures and services.
The board shall file a report of | ||
such review with the General Assembly on
or before May 1, 1990.
| ||
(Source: P.A. 101-12, eff. 7-1-19; 101-88, eff. 1-1-20; | ||
102-465, eff. 1-1-22; 102-558, eff. 8-20-21; 102-894, eff. | ||
5-20-22.)
| ||
(105 ILCS 5/34-21.3) (from Ch. 122, par. 34-21.3)
| ||
Sec. 34-21.3. Contracts. The board shall by record vote |
let all
contracts (other than those excepted
by Section | ||
10-20.21 of this The School Code) for supplies, materials,
or | ||
work , and contracts with private carriers for transportation
| ||
of pupils , involving an expenditure in excess of $35,000 | ||
$25,000 or a lower amount as required by board policy by | ||
competitive
bidding as provided in Section 10-20.21 of this | ||
The School Code.
| ||
The board may delegate to the general superintendent of | ||
schools, by
resolution, the authority to approve contracts in | ||
amounts of $35,000 $25,000 or
less.
| ||
For a period of one year from and after the expiration or | ||
other termination
of his or her term of office as a member of | ||
the board: (i) the former board
member shall not be eligible | ||
for employment nor be employed by the board, a
local school | ||
council, an attendance center, or any other
subdivision or | ||
agent of the board or the school district governed by the | ||
board,
and (ii) neither the board nor the chief purchasing | ||
officer shall let or
delegate
authority to let any contract | ||
for
services, employment, or other work to the former board | ||
member or to any
corporation,
partnership, association, sole | ||
proprietorship, or other entity other than
publicly traded | ||
companies from which the
former board member receives an | ||
annual income, dividends, or other compensation
in excess of | ||
$1,500. Any contract that is entered into by or under a
| ||
delegation of authority from the board or the chief purchasing | ||
officer shall
contain a
provision stating that
the contract is |
not legally binding on the board if entered into in violation
| ||
of the provisions of this paragraph.
| ||
In addition, the State Board of Education, in consultation | ||
with the board,
shall (i) review existing conflict of interest | ||
and disclosure laws or
regulations that are applicable to the | ||
executive officers and governing boards
of school districts | ||
organized under this Article and school districts
generally, | ||
(ii) determine what additional disclosure and conflict of | ||
interest
provisions would enhance the reputation and fiscal | ||
integrity of the board and
the procedure under which contracts | ||
for goods and services are let, and (iii)
develop appropriate | ||
reporting forms and procedures applicable to the executive
| ||
officers, governing board, and other officials of the school | ||
district.
| ||
(Source: P.A. 95-990, eff. 10-3-08.)
| ||
ARTICLE 85. | ||
Section 85-5. The Election Code is amended by changing | ||
Section 13-10 as follows:
| ||
(10 ILCS 5/13-10) (from Ch. 46, par. 13-10)
| ||
Sec. 13-10. The compensation of the judges of all | ||
primaries and all
elections, except judges supervising vote by | ||
mail ballots as provided in
Section 19-12.2 of this Act, in | ||
counties of less than 600,000
inhabitants shall be fixed by |
the respective county boards or boards of
election | ||
commissioners in all counties and municipalities, but in no | ||
case
shall such compensation be less than $35 per day. The
| ||
compensation of judges of all primaries and all elections not | ||
under the
jurisdiction of the county clerk, except judges | ||
supervising vote by mail balloting
as provided in Section | ||
19-12.2 of this Act, in counties having a population of
| ||
2,000,000 or more shall be not less than $60 per day. The
| ||
compensation of judges of all primaries and all elections | ||
under the
jurisdiction of the county clerk, except judges | ||
supervising vote by mail
balloting as provided in Section | ||
19-12.2 of this Act, in counties having a
population of | ||
2,000,000 or more shall be not less than $60 per day. The | ||
compensation of judges of all primaries and all elections,
| ||
except judges supervising vote by mail ballots as provided in | ||
Section 19-12.2 of
this Act, in counties having a population | ||
of at least 600,000 but less than
2,000,000 inhabitants shall | ||
be not less than $45 per day
as
fixed by the county board of | ||
election commissioners of each such county. In
addition to | ||
their per day compensation and notwithstanding the limitations
| ||
thereon stated herein, the judges of election, in all counties | ||
with a
population of less than 600,000, shall be paid $3 each | ||
for each 100 voters or
portion thereof, in excess of 200 voters | ||
voting for candidates in the election
district or precinct | ||
wherein the judge is serving, whether a primary or an
election | ||
is being held. However, no such extra compensation shall be |
paid to
the judges of election in any precinct in which no | ||
paper ballots are counted by
such judges of election. The 2 | ||
judges of election in counties having a
population of less | ||
than 600,000 who deliver the returns to the county clerk
shall | ||
each be allowed and paid a sum to be determined by the election | ||
authority
for such services and an additional sum per mile to | ||
be determined by the
election authority for every mile | ||
necessarily travelled in going to and
returning from the | ||
office or place to which they deliver the returns. The
| ||
compensation for mileage shall be consistent with current | ||
rates paid for
mileage to employees of the county.
| ||
However, all judges who have been certified by the County | ||
Clerk or Board of
Election Commissioners as having | ||
satisfactorily completed, within the 2 years
preceding the day | ||
of election, the training course for judges of election, as
| ||
provided in Sections 13-2.1, 13-2.2 and 14-4.1 of this Act, | ||
shall receive
additional compensation of not less than $10 per | ||
day in
counties of less than 600,000 inhabitants, the | ||
additional compensation of not
less than $10 per day in | ||
counties having a population of
at
least 600,000 but less than | ||
2,000,000 inhabitants as fixed by the county board
of election | ||
commissioners of each such county, and additional compensation | ||
of
not less than $20 per day in counties having a population
of | ||
2,000,000 or more for primaries and elections not under the
| ||
jurisdiction of the county clerk, and additional compensation | ||
of not less
than $20 per day in counties having a population of
|
2,000,000 or more for primaries and elections under the | ||
jurisdiction of the
county clerk.
| ||
In precincts in which there are tally judges, the | ||
compensation of the
tally judges shall be 2/3 of that of the | ||
judges of election and each
holdover judge shall be paid the | ||
compensation of a judge of election
plus that of a tally judge.
| ||
Beginning on the effective date of this amendatory Act of | ||
1998, the portion
of an election judge's daily compensation | ||
reimbursed by the State Board of
Elections is increased by
| ||
$15.
The increase provided by this amendatory Act of 1998 must | ||
be used
to increase each judge's compensation and may not be | ||
used by the county to
reduce its portion of a judge's | ||
compensation.
| ||
Beginning on the effective date of this amendatory Act of | ||
the 95th General Assembly, the portion of an election judge's | ||
daily compensation reimbursement by the State Board of | ||
Elections is increased by an additional $20. The increase | ||
provided by this amendatory Act of the 95th General Assembly | ||
must be used to increase each judge's compensation and may not | ||
be used by the election authority or election jurisdiction to | ||
reduce its portion of a judge's compensation.
| ||
Beginning on the effective date of the changes made to | ||
this Section by this amendatory Act of the 103rd General | ||
Assembly, the portion of an election judge's daily | ||
compensation reimbursement by the State Board of Elections is | ||
increased by an additional $20.
The increase provided by this |
amendatory Act of the 103rd General Assembly must be used to | ||
increase each judge's compensation and may not be used by the | ||
election authority or election jurisdiction to reduce its | ||
portion of a judge's compensation. | ||
(Source: P.A. 98-1171, eff. 6-1-15 .)
| ||
ARTICLE 90. | ||
Section 90-5. The Reimagine Public Safety Act is amended | ||
by changing Sections 35-10, 35-15, 35-25, 35-30, 35-35, 35-40 | ||
and 35-50 as follows: | ||
(430 ILCS 69/35-10)
| ||
Sec. 35-10. Definitions. As used in this Act: | ||
"Approved technical assistance and training provider" | ||
means an organization that has experience in improving the | ||
outcomes of local community-based organizations by providing | ||
supportive services that address the gaps in their resources | ||
and knowledge about content-based work or provide support and | ||
knowledge about the administration and management of | ||
organizations, or both. Approved technical assistance and | ||
training providers as defined in this Act are intended to | ||
assist community organizations with evaluating the need for | ||
evidence-based violence prevention services, promising | ||
violence prevention programs, starting up programming, and | ||
strengthening the quality of existing programming. |
"Community" or "communities" means, for municipalities | ||
with a 1,000,000 or more population in Illinois, the 77 | ||
designated neighborhood areas defined by the University of | ||
Chicago Social Science Research Committee as amended in 1980. | ||
"Concentrated firearm violence" means the 10 most violent | ||
communities in Illinois municipalities with 1,000,000 or more | ||
residents and the 10 most violent municipalities with less | ||
than 1,000,000 residents and greater than 35,000 residents | ||
with the most per capita fatal and nonfatal firearm-shot | ||
victims, excluding self-inflicted incidents, from January 1, | ||
2016 through December 31, 2020. | ||
"Credible messenger" means an individual who has been | ||
arrested, indicted, convicted, adjudicated delinquent, or | ||
otherwise detained by criminal or juvenile justice authorities | ||
for violation of State criminal law and has successfully | ||
reached the end of the individual's sentence or the final | ||
termination of the individual's term of commitment and has | ||
relationships in a specific community that can promote | ||
conflict resolution and healing. | ||
"Criminal and juvenile justice-involved" means an | ||
individual who has been arrested, indicted, convicted, | ||
adjudicated delinquent, or otherwise detained by criminal or | ||
juvenile justice authorities for violation of Illinois | ||
criminal laws. | ||
"Evidence-based high-risk youth intervention services" | ||
means programs that have been proven to reduce involvement in |
the criminal or juvenile justice system, increase school | ||
attendance, and includes referrals of high-risk teens into | ||
therapeutic programs that address trauma recovery and other | ||
mental health improvements based on best practices in the | ||
youth intervention services field.
| ||
"Evidence-based violence prevention services" means | ||
coordinated programming and services that may include, but are | ||
not limited to, effective emotional or trauma related | ||
therapies, housing, employment training, job placement, family | ||
engagement, or wrap-around support services that have been | ||
proven effective or are considered to be best practice for | ||
reducing violence within the field of violence intervention | ||
research and practice. | ||
"Evidence-based youth development programs" means | ||
after-school and summer programming that provides services to | ||
teens to increase their school attendance, school performance, | ||
reduce involvement in the criminal justice system, and develop | ||
nonacademic interests that build social emotional persistence | ||
and intelligence based on best practices in the field of youth | ||
development services for high-risk youth. | ||
"Options school" means a secondary school where 75% or | ||
more of attending students have either stopped attending or | ||
failed their secondary school courses since first attending | ||
ninth grade. | ||
"Violence prevention organization" means an organization | ||
that manages and employs qualified violence prevention |
professionals. | ||
"Violence prevention professional" means a community | ||
health worker who renders violence preventive services. | ||
"Social organization" means an organization of individuals | ||
who form the organization for the purposes of enjoyment, work, | ||
and other mutual interests.
| ||
(Source: P.A. 102-16, eff. 6-17-21; 102-679, eff. 12-10-21; | ||
102-687, eff. 12-17-21.) | ||
(430 ILCS 69/35-15)
| ||
Sec. 35-15. Findings. The Illinois General Assembly finds | ||
that: | ||
(1) Discrete neighborhoods in municipalities across | ||
Illinois are experiencing concentrated and perpetual | ||
firearm violence that is a public health epidemic. | ||
(2) Within neighborhoods experiencing this firearm | ||
violence epidemic, violence is concentrated among teens | ||
and young adults that have chronic exposure to the risk of | ||
violence and criminal legal system involvement and related | ||
trauma in small geographic areas where these young people | ||
live or congregate. | ||
(3) Firearm violence victimization and perpetration is | ||
highly concentrated in particular neighborhoods, | ||
particular blocks within these neighborhoods, and among a | ||
small number of individuals living in these areas. | ||
(4) People who are chronically exposed to the risk of |
firearm violence victimization are substantially more | ||
likely to be violently injured or violently injure another | ||
person. People who have been violently injured are | ||
substantially more likely to be violently reinjured. | ||
Chronic exposure to violence additionally leads | ||
individuals to engage in behavior, as part of a cycle of | ||
community violence, trauma, and retaliation that | ||
substantially increases their own risk of violent injury | ||
or reinjury. | ||
(5) Evidence-based programs that engage individuals at | ||
the highest risk of firearm violence and provide life | ||
stabilization, case management, and culturally competent | ||
group and individual therapy reduce firearm violence | ||
victimization and perpetration and can end Illinois' | ||
firearm violence epidemic. | ||
(6) A public health approach to ending Illinois' | ||
firearm violence epidemic requires targeted, integrated | ||
behavioral health services and economic opportunity that | ||
promotes self-sufficiency for victims of firearm violence | ||
and those with chronic exposure to the risk of firearm | ||
violence victimization , including, but not limited to, | ||
services for criminal and juvenile justice-involved | ||
populations and crisis response services, such as | ||
psychological first aid . | ||
(7) A public health approach to ending Illinois' | ||
firearm violence epidemic further requires broader |
preventive investments in the census tracts and blocks | ||
that reduce risk factors for youth and families living in | ||
areas at the highest risk of firearm violence | ||
victimization. | ||
(8) A public health approach to ending Illinois' | ||
firearm violence epidemic requires empowering residents | ||
and community-based organizations within impacted | ||
neighborhoods to provide culturally competent care based | ||
on lived experience in these areas and long-term | ||
relationships of mutual interest that promote safety and | ||
stability. | ||
(9) A public health approach to ending Illinois' | ||
firearm violence epidemic further requires that preventive | ||
youth development services for youth in these | ||
neighborhoods be fully integrated with a team-based model | ||
of mental health care to address trauma recovery for those | ||
young people at the highest risk of firearm violence | ||
victimization. | ||
(10) Community revitalization can be an effective | ||
violence prevention strategy, provided that revitalization | ||
is targeted to the highest risk geographies within | ||
communities and revitalization efforts are designed and | ||
led by individuals living and working in the impacted | ||
communities.
| ||
(Source: P.A. 102-16, eff. 6-17-21; 102-679, eff. 12-10-21.) |
(430 ILCS 69/35-25)
| ||
Sec. 35-25. Integrated violence prevention and other | ||
services. | ||
(a) Subject to appropriation, for municipalities with | ||
1,000,000 or more residents, the Office of Firearm Violence | ||
Prevention shall make grants to violence prevention | ||
organizations for evidence-based violence prevention services. | ||
Approved technical assistance and training providers shall | ||
create learning communities for the exchange of information | ||
between community-based organizations in the same or similar | ||
fields. Firearm violence prevention organizations shall | ||
prioritize individuals at the highest risk of firearm violence | ||
victimization and provide these individuals with | ||
evidence-based comprehensive services that reduce their | ||
exposure to chronic firearm violence. | ||
(a-5) Grants may be awarded under this Act to Reimagine
| ||
Public Safety grantees or their subgrantees to provide any one | ||
or more of the following services to Reimagine Public Safety | ||
program participants or credible messengers: | ||
(1) Behavioral health services, including clinical
| ||
interventions, crisis interventions, and group counseling
| ||
supports, such as peer support groups, social-emotional
| ||
learning supports, including skill building for anger
| ||
management, de-escalation, sensory stabilization, coping
| ||
strategies, and thoughtful decision-making, short-term
| ||
clinical individual sessions, psycho-social assessments, |
and motivational interviewing. | ||
(A) Funds awarded under this paragraph may be used | ||
for behavioral health services until July 1, 2024. | ||
(B) Any community violence prevention service | ||
provider being reimbursed from funds awarded under | ||
this paragraph for behavioral health services must | ||
also file a plan to become Medicaid certified for | ||
violence prevention-community support team services | ||
under the Illinois Medicaid program on or before July | ||
1, 2024. | ||
(2) Capacity-building services, including
| ||
administrative and programmatic support, services, and
| ||
resources, such as subcontract development, budget
| ||
development, grant monitoring and reporting, and fiscal
| ||
sponsorship. Capacity-building services financed with
| ||
grants awarded under this Act may also include intensive
| ||
training and technical assistance focused on Community
| ||
Violence Intervention (CVI) not-for-profit business
| ||
operations, best practice delivery of firearm violence
| ||
prevention services, and assistance with administering and
| ||
meeting fiscal reporting or auditing requirements.
| ||
Capacity-building services financed with grants awarded
| ||
under this Act must be directed to a current or potential
| ||
Reimagine Public Safety firearm violence prevention
| ||
provider and cannot exceed 20% of potential funds awarded
| ||
to the relevant provider or future provider. |
(3) Legal aid services, including funding for staff
| ||
attorneys and paralegals to provide education, training,
| ||
legal services, and advocacy for program recipients. Legal
| ||
aid services that may be provided with grant funds awarded
| ||
under this Act include "Know Your Rights" clinics,
| ||
trainings targeting returning citizens and families
| ||
impacted by incarceration, and long-term legal efforts | ||
addressing expungement, civil rights, family law, housing,
| ||
employment, and victim rights. Legal aid services provided
| ||
with grant funds awarded under this Act shall not be
| ||
directed toward criminal justice issues. | ||
(4) Housing services, including grants for emergency
| ||
and temporary housing for individuals at immediate risk of
| ||
firearm violence, except that grant funding provided under
| ||
this paragraph must be directed only toward Reimagine
| ||
Public Safety program participants. | ||
(5) Workforce development services, including grants
| ||
for job coaching, intensive case management, employment
| ||
training and placement, and retention services, including
| ||
the provision of transitional job placements and access to
| ||
basic certificate training for industry-specific jobs.
| ||
Training also includes the provision of education-related
| ||
content, such as financial literacy training, GED | ||
preparation, and academic coaching. | ||
(6) Re-entry services for individuals exiting the
| ||
State or county criminal justice systems, if those
|
individuals are either eligible for services under this
| ||
Act as participants or are individuals who can make an
| ||
immediate contribution to mediate neighborhood conflicts
| ||
if they receive stabilizing services. Re-entry services
| ||
financed with grants awarded under this Act include all
| ||
services authorized under this Act, including services
| ||
listed in this subsection. | ||
(7) Victim services, including assessments and
| ||
screening of victim needs, planning sessions related to | ||
assessments, service planning and goal setting, assessing
| ||
intervention needs, notifying and navigating participants
| ||
through public agency processes for victim compensation, | ||
crisis intervention, emergency financial assistance,
| ||
transportation, medical care, stable housing, and shelter,
| ||
assessment and linkage to public benefits, and relocation
| ||
services. | ||
(b) In the geographic areas they serve, violence Violence | ||
prevention organizations shall develop the following expertise | ||
in the geographic areas that they cover : | ||
(1) Analyzing and leveraging data to identify the | ||
individuals who will most benefit from evidence-based | ||
violence prevention services in their geographic areas. | ||
(2) Identifying the conflicts that are responsible for | ||
recurring violence. | ||
(3) Having relationships with individuals who are most | ||
able to reduce conflicts. |
(4) Addressing the stabilization and trauma recovery | ||
needs of individuals impacted by violence by providing | ||
direct services for their unmet needs or referring them to | ||
other qualified service providers.
| ||
(5) Having and building relationships with community | ||
members and community organizations that provide | ||
evidence-based violence prevention services and get | ||
referrals of people who will most benefit from | ||
evidence-based violence prevention services in their | ||
geographic areas.
| ||
(6) Providing training and technical assistance to | ||
local law enforcement agencies to improve their | ||
effectiveness without having any role, requirement, or | ||
mandate to participate in the policing, enforcement, or | ||
prosecution of any crime. | ||
(c) Violence prevention organizations receiving grants | ||
under this Act shall coordinate services with other violence | ||
prevention organizations in their area. | ||
(d) The Office of Firearm Violence Prevention shall | ||
identify, for each separate eligible service area under this | ||
Act, an experienced violence prevention organization to serve | ||
as the Lead Violence Prevention Convener for that area and | ||
provide each Lead Violence Prevention Convener with a grant of | ||
up to $100,000 to these organizations to coordinate monthly | ||
meetings between violence prevention organizations and youth | ||
development organizations under this Act. The Lead Violence |
Prevention Convener may also receive, from the Office of | ||
Firearm Violence Prevention, technical assistance or training | ||
through approved providers when needs are jointly identified. | ||
The Lead Violence Prevention Convener shall: | ||
(1) provide the convened organizations with summary | ||
notes recommendations made at the monthly meetings to | ||
improve the effectiveness of evidence-based violence | ||
prevention services based on review of timely data on | ||
shootings and homicides in his or her relevant | ||
neighborhood; | ||
(2) attend monthly meetings where the cause of | ||
violence and other neighborhood disputes is discussed and | ||
strategize on how to resolve ongoing conflicts and execute | ||
on agreed plans; | ||
(3) (blank); | ||
(4) on behalf of the convened organizations, make | ||
consensus recommendations to the Office of Firearm | ||
Violence Prevention and local law enforcement on how to | ||
reduce violent conflict in his or her neighborhood; | ||
(5) meet on an emergency basis when conflicts that | ||
need immediate attention and resolution arise; | ||
(6) share knowledge and strategies of the community | ||
violence dynamic in monthly meetings with local youth | ||
development specialists receiving grants under this Act; | ||
(7) select when and where needed an approved Office of | ||
Violence Prevention-funded technical assistance and |
training service provider to receive agreed upon services; | ||
and | ||
(8) after meeting with community residents and other | ||
community organizations that have expertise in housing, | ||
mental health, economic development, education, and social | ||
services, make recommendations to the Office of Firearm | ||
Violence Prevention on how to target community | ||
revitalization resources available from federal and State | ||
funding sources. | ||
The Office of Firearm Violence Prevention shall compile | ||
recommendations from all Lead Violence Prevention Conveners | ||
and report to the General Assembly bi-annually on these | ||
funding recommendations. The Lead Violence Prevention Convener | ||
may also serve as a violence prevention or youth development | ||
provider. | ||
(e) The Illinois Office of Firearm Violence Prevention | ||
shall select, when possible and appropriate, no fewer than 2 | ||
and no more than 3 approved technical assistance and training | ||
providers to deliver technical assistance and training to the | ||
violence prevention organizations that request to receive | ||
approved technical assistance and training. Violence | ||
prevention organizations shall have the opportunity complete | ||
authority to select among the approved technical assistance | ||
services providers funded by the Office of Firearm Violence | ||
Prevention , as long as the technical assistance provider has | ||
the capacity to effectively serve the grantees that have |
selected them. The Department shall make best efforts to | ||
accommodate second choices of violence prevention | ||
organizations when the violence prevention organizations' | ||
first choice does not have capacity to provide technical | ||
assistance . | ||
(f) Approved technical assistance and training providers | ||
may: | ||
(1) provide training and certification to violence | ||
prevention professionals on how to perform violence | ||
prevention services and other professional development to | ||
violence prevention professionals. | ||
(2) provide management training on how to manage | ||
violence prevention professionals;
| ||
(3) provide training and assistance on how to develop | ||
memorandum of understanding for referral services or | ||
create approved provider lists for these referral | ||
services, or both; | ||
(4) share lessons learned among violence prevention | ||
professionals and service providers in their network; and | ||
(5) provide technical assistance and training on human | ||
resources, grants management, capacity building, and | ||
fiscal management strategies. | ||
(g) Approved technical assistance and training providers | ||
shall: | ||
(1) provide additional services identified as | ||
necessary by the Office of Firearm Violence Prevention and |
service providers in their network; and | ||
(2) receive a base grant of up to $250,000 plus | ||
negotiated service rates to provide group and | ||
individualized services to participating violence | ||
prevention organizations. | ||
(h) (Blank). | ||
(i) The Office of Firearm Violence Prevention shall issue | ||
grants, when possible and appropriate, to no fewer than 2 | ||
violence prevention organizations in each of the eligible | ||
service areas and no more than 6 organizations. When possible, | ||
the Office of Firearm Violence Prevention shall work, subject | ||
to eligible applications received, to ensure that grant | ||
resources are equitably distributed across eligible service | ||
areas grants shall be for no less than $300,000 per violence | ||
prevention organization . The Office of Firearm Violence | ||
Prevention may establish grant award ranges to ensure grants | ||
will have the potential to reduce violence in each | ||
neighborhood. | ||
(j) No violence prevention organization can serve more | ||
than 3 eligible service areas unless the Office of Firearm | ||
Violence Prevention is unable to identify violence prevention | ||
organizations to provide adequate coverage. | ||
(k) No approved technical assistance and training provider | ||
shall provide evidence-based violence prevention services in | ||
an eligible service area under this Act unless the Office of | ||
Firearm Violence Prevention is unable to identify qualified |
violence prevention organizations to provide adequate | ||
coverage.
| ||
(Source: P.A. 102-16, eff. 6-17-21; 102-679, eff. 12-10-21.) | ||
(430 ILCS 69/35-30)
| ||
Sec. 35-30. Integrated youth services. | ||
(a) Subject to appropriation, for municipalities with | ||
1,000,000 or more residents, the Office of Firearm Violence | ||
Prevention shall make grants to youth development | ||
organizations for evidence-based youth programming, including, | ||
but not limited to, after-school and summer programming. | ||
Evidence-based youth development programs shall provide | ||
services to teens that increase their school attendance , and | ||
school performance and to teens or young adults that , reduce | ||
involvement in the criminal and juvenile justice systems, | ||
develop employment and life skills, and develop nonacademic | ||
interests that build social emotional persistence and | ||
intelligence. | ||
(b) The Office of Firearm Violence Prevention shall | ||
identify municipal blocks where more than 35% of all fatal and | ||
nonfatal firearm-shot incidents take place and focus youth | ||
development service grants to residents of these identified | ||
blocks in the designated eligible service areas. The | ||
Department of Human Services shall prioritize funding to youth | ||
development service programs that serve the following teens | ||
before expanding services to the broader community: |
(1) criminal and juvenile justice-involved youth; | ||
(2) students who are attending or have attended option | ||
schools; | ||
(3) family members of individuals working with | ||
violence prevention organizations; and | ||
(4) youth living on the blocks where more than 35% of | ||
the violence takes place in a neighborhood. | ||
(c) Each program participant enrolled in a youth | ||
development program under this Act, when possible and | ||
appropriate, shall receive an individualized needs assessment | ||
to determine if the participant requires intensive youth | ||
services as provided for in Section 35-35 of this Act. The | ||
needs assessment should be the best available instrument that | ||
considers the physical and mental condition of each youth | ||
based on the youth's family ties, financial resources, past | ||
substance use, criminal justice involvement, and trauma | ||
related to chronic exposure to firearm violence behavioral | ||
health assessment to determine the participant's broader | ||
support and mental health needs. The Office of Firearm | ||
Violence Prevention shall determine best practices for | ||
referring program participants who are at the highest risk of | ||
violence and justice involvement to be referred to a high-risk | ||
youth intervention program established in Section 35-35. | ||
(d) Youth development prevention program participants | ||
shall receive services designed to empower participants with | ||
the social and emotional skills necessary to forge paths of |
healthy development and disengagement from high-risk | ||
behaviors. Within the context of engaging social, physical, | ||
and personal development activities, participants should build | ||
resilience and the skills associated with healthy social, | ||
emotional, and identity development. | ||
(e) Youth development providers shall develop the | ||
following expertise in the geographic areas they cover: | ||
(1) Knowledge of the teens and their social | ||
organization in the blocks they are designated to serve. | ||
(2) Youth development organizations receiving grants | ||
under this Act shall be required to coordinate services | ||
with other youth development organizations in their | ||
neighborhood by sharing lessons learned in monthly | ||
meetings. | ||
(3) (Blank). | ||
(4) Meeting on an emergency basis when conflicts | ||
related to program participants that need immediate | ||
attention and resolution arise. | ||
(5) Sharing knowledge and strategies of the | ||
neighborhood violence dynamic in monthly meetings with | ||
local violence prevention organizations receiving grants | ||
under this Act. | ||
(6) Selecting an approved technical assistance and | ||
training service provider to receive agreed upon services. | ||
(f) The Illinois Office of Firearm Violence Prevention | ||
shall select, when possible and appropriate, no fewer than 2 |
and no more than 3 approved technical assistance and training | ||
providers to deliver technical assistance and training to the | ||
youth development organizations that request to receive | ||
approved technical assistance and training. Youth development | ||
organizations must use an approved technical assistance and | ||
training provider and can choose among approved technical | ||
assistance providers as long as the technical assistance | ||
provider has the capacity to effectively serve the youth | ||
development organizations that have selected them. The | ||
Department shall make best efforts to accommodate second | ||
choices of youth development organizations when the youth | ||
development organization's violence prevention first choice | ||
does not have capacity to provide technical assistance but | ||
have complete authority to select among the approved technical | ||
assistance services providers funded by the Office of Firearm | ||
Violence Prevention . | ||
(g) Approved technical assistance and training providers | ||
may: | ||
(1) provide training to youth development workers on | ||
how to perform outreach services; | ||
(2) provide management training on how to manage youth | ||
development workers; | ||
(3) provide training and assistance on how to develop | ||
memorandum of understanding for referral services or | ||
create approved provider lists for these referral | ||
services, or both; |
(4) share lessons learned among youth development | ||
service providers in their network; and | ||
(5) provide technical assistance and training on human | ||
resources, grants management, capacity building, and | ||
fiscal management strategies. | ||
(h) Approved technical assistance and training providers | ||
shall: | ||
(1) provide additional services identified as | ||
necessary by the Office of Firearm Violence Prevention and | ||
youth development service providers in their network; and | ||
(2) receive an annual base grant of up to $250,000 | ||
plus negotiated service rates to provide group and | ||
individualized services to participating youth development | ||
service organizations. | ||
(i) (Blank). | ||
(j) The Office of Firearm Violence Prevention shall issue | ||
youth development services grants, when possible and | ||
appropriate, to no fewer than 4 youth services organizations | ||
in each of the eligible service areas and no more than 8 | ||
organizations. When possible, the Office of Firearm Violence | ||
Prevention shall work, subject to eligible applications | ||
received, to ensure that grant resources are equitably | ||
distributed across eligible service areas grants shall be for | ||
no less than $300,000 per youth development organization . The | ||
Office of Firearm Violence Prevention may establish award | ||
ranges to ensure grants will have the potential to reduce |
violence in each neighborhood. | ||
(k) No youth development organization can serve more than | ||
3 eligible service areas unless the Office of Firearm Violence | ||
Prevention is unable to identify youth development | ||
organizations to provide adequate coverage. | ||
(l) No approved technical assistance and training provider | ||
shall provide youth development services in any neighborhood | ||
under this Act.
| ||
(Source: P.A. 102-16, eff. 6-17-21; 102-679, eff. 12-10-21.) | ||
(430 ILCS 69/35-35)
| ||
Sec. 35-35. Intensive youth intervention services. | ||
(a) Subject to appropriation, for municipalities with | ||
1,000,000 or more residents, the Office of Firearm Violence | ||
Prevention shall issue grants to high-risk youth intervention | ||
organizations for evidence-based intervention services that | ||
reduce involvement in the criminal and juvenile justice | ||
system, increase school attendance, and refer high-risk teens | ||
into therapeutic programs that address trauma recovery and | ||
other mental health improvements. Each program participant | ||
enrolled in a high-risk youth intervention program under this | ||
Act shall receive a nationally recognized comprehensive mental | ||
health assessment delivered by a qualified mental health | ||
professional certified to provide services to Medicaid | ||
recipients. | ||
(b) High-risk youth intervention program participants |
shall receive needed services as determined by the | ||
individualized assessment which may include, but is not | ||
limited to: | ||
(1) receive group-based emotional regulation therapy | ||
that helps them control their emotions and understand how | ||
trauma and stress impacts their thinking and behavior; and | ||
(2) have youth advocates that accompany them to their | ||
group therapy sessions, assist them with issues that | ||
prevent them from attending school, and address life | ||
skills development activities through weekly coaching. | ||
(b-5) High-risk youth intervention service organizations | ||
shall have trained clinical staff managing the youth advocate | ||
interface with program participants. | ||
(c) Youth development service organizations and providers | ||
of evidence-based violence prevention services shall be | ||
assigned to the youth intervention service providers for | ||
referrals by the Office of Firearm Violence Prevention. | ||
(d) The youth receiving intervention services who are | ||
evaluated to need trauma recovery and other behavioral health | ||
interventions and who have the greatest risk of firearm | ||
violence victimization shall be referred to the family systems | ||
intervention services established in Section 35-55. | ||
(e) The Office of Firearm Violence Prevention shall issue | ||
high-risk youth intervention grants, when possible and | ||
appropriate, to no less than 2 youth intervention | ||
organizations and no more than 4 organizations in |
municipalities with 1,000,000 or more residents. | ||
(f) No high-risk youth intervention organization can serve | ||
more than 13 eligible service areas. | ||
(g) The approved technical assistance and training | ||
providers for youth development programs provided in | ||
subsection (d) of Section 35-30 shall also provide technical | ||
assistance and training to the affiliated high-risk youth | ||
intervention service providers. | ||
(h) (Blank).
| ||
(Source: P.A. 102-16, eff. 6-17-21; 102-679, eff. 12-10-21.) | ||
(430 ILCS 69/35-40)
| ||
Sec. 35-40. Services for municipalities with less than | ||
1,000,000 residents. | ||
(a) The Office of Firearm Violence Prevention shall | ||
identify the 10 municipalities or geographically contiguous | ||
areas in Illinois with less than 1,000,000 residents and more | ||
than 35,000 residents that have the largest concentration of | ||
fatal and nonfatal firearm-shot victims over the 5-year period | ||
considered for eligibility. These areas shall qualify for | ||
grants under this Act. The Office of Firearm Violence | ||
Prevention may identify up to 5 additional municipalities or | ||
geographically contiguous areas with less than 1,000,000 | ||
residents that would benefit from evidence-based violence | ||
prevention services. In identifying the additional | ||
municipalities that qualify for funding under Section 35-40, |
the Office of Firearm Violence Prevention shall consider the | ||
following factors when possible: | ||
(1) the total number of fatal and nonfatal firearms | ||
victims, excluding self-inflicted incidents, in a | ||
potential municipality over the 5-year period considered | ||
for eligibility;
| ||
(2) the per capita rate of fatal and nonfatal firearms | ||
victims, excluding self-inflicted incidents, in a | ||
potential municipality over the 5-year period considered | ||
for eligibility;
and | ||
(3) the total potential firearms violence reduction | ||
benefit for the entire State of Illinois by serving the | ||
additional municipalities compared to the total benefit of | ||
investing in all other municipalities identified for | ||
grants to municipalities with more than 35,000 residents | ||
and less than 1,000,000 residents.
| ||
(b) Resources for each of these areas shall be distributed | ||
based on a formula to be developed by the Office of Firearm | ||
Violence Prevention that will maximize the total potential | ||
reduction in firearms victimization for all municipalities | ||
receiving grants under this Act. | ||
(c) The Office of Firearm Violence Prevention shall create | ||
local advisory councils for each of the designated service | ||
areas for the purpose of obtaining recommendations on how to | ||
distribute funds in these areas to reduce firearm violence | ||
incidents. Local advisory councils shall have a minimum of 5 |
members with the following expertise or experience: | ||
(1) a representative of a nonelected official in local | ||
government from the designated area; | ||
(2) a representative of an elected official at the | ||
local or state level for the area; | ||
(3) a representative with public health experience in | ||
firearm violence prevention or youth development; | ||
(4) two residents of the subsection of each area with | ||
the most concentrated firearm violence incidents; and | ||
(5) additional members as determined by the individual | ||
local advisory council. | ||
(d) The Office of Firearm Violence Prevention shall | ||
provide data to each local council on the characteristics of | ||
firearm violence in the designated area and other relevant | ||
information on the physical and demographic characteristics of | ||
the designated area. The Office of Firearm Violence Prevention | ||
shall also provide best available evidence on how to address | ||
the social determinants of health in the designated area in | ||
order to reduce firearm violence. | ||
(e) Each local advisory council shall make recommendations | ||
on how to allocate distributed resources for its area based on | ||
information provided to them by the Office of Firearm Violence | ||
Prevention, local law enforcement data, and other locally | ||
available data. | ||
(f) The Office of Firearm Violence Prevention shall | ||
consider the recommendations and determine how to distribute |
funds through grants to community-based organizations and | ||
local governments. To the extent the Office of Firearm | ||
Violence Prevention does not follow a local advisory council's | ||
recommendation on allocation of funds, the Office of Firearm | ||
Violence Prevention shall explain in writing why a different | ||
allocation of resources is more likely to reduce firearm | ||
violence in the designated area. | ||
(g) Subject to appropriation, the Department of Human | ||
Services and the Office of Firearm Violence Prevention shall | ||
issue grants to local governmental agencies or community-based | ||
organizations, or both, to maximize firearm violence reduction | ||
each year. When possible, initial grants shall be named no | ||
later than April 1, 2022 and renewed or competitively bid as | ||
appropriate in subsequent fiscal years. | ||
(h) Each local advisory council is terminated upon making | ||
the recommendations required of it under this Section.
| ||
(Source: P.A. 102-16, eff. 6-17-21; 102-679, eff. 12-10-21.) | ||
(430 ILCS 69/35-50)
| ||
Sec. 35-50. Medicaid trauma recovery services for adults. | ||
(a) The On or before January 15, 2022, the Department of | ||
Healthcare and Family Services shall design , subject to seek | ||
approval from the United States Department of Health and Human | ||
Services , and subject to federal approval and State | ||
appropriations for this purpose, implement a team-based model | ||
of care system to address trauma recovery from chronic |
exposure to firearm violence for Illinois adults. On or before | ||
October 1, 2023, the Department of Healthcare and Family | ||
Services shall seek approval from the United States Department | ||
of Health and Human Services to ensure the model of care system | ||
may include providers such as community mental health centers, | ||
behavioral health clinics, hospitals, and others deemed | ||
appropriate by the Department of Healthcare and Family | ||
Services. | ||
(b) The team-based model of care system shall include, at | ||
reimburse for a minimum , of the following services: | ||
(1) Outreach services that recruit trauma-exposed | ||
adults into the system and develop supportive | ||
relationships with them based on lived experience in their | ||
communities. Outreach services include both services to | ||
support impacted individuals and group services that | ||
reduce violence between groups that need conflict | ||
resolution. | ||
(2) Case management and community support services | ||
that provide stabilization to individuals recovering from | ||
chronic exposure to firearm violence, including group | ||
cognitive behavior therapy sessions and other | ||
evidence-based interventions that promote behavioral | ||
change. | ||
(3) Group and individual therapy that addresses | ||
underlying mental health conditions associated with | ||
post-traumatic stress disorder, depression, anxiety, |
substance use disorders, intermittent explosive disorder, | ||
oppositional defiant disorder, attention deficit | ||
hyperactivity disorder, and other mental conditions as a | ||
result of chronic trauma. | ||
(4) Services deemed necessary for the effective | ||
integration of paragraphs (1), (2), and (3). | ||
(c) The Department of Healthcare and Family Services is | ||
authorized to ensure that different types of providers | ||
delivering violence prevention services under the model of | ||
care operated in a manner consistent with evidence-based and | ||
evidence-informed practices. The Department of Healthcare and | ||
Family Services shall develop a reimbursement methodologies | ||
that account for differences among provider types methodology . | ||
(d) On or before October 1, 2023, the Department of | ||
Healthcare and Family Services and Department of Human | ||
Services shall create and execute a joint Background Check | ||
Waiver Process, limiting the disqualifying offenses, for Peer | ||
Support Workers who provide such services.
| ||
(Source: P.A. 102-16, eff. 6-17-21.) | ||
ARTICLE 95. | ||
Section 95-1. Short title. This Article may be cited as | ||
the Smart Start Illinois Act. References in this Article to | ||
"this Act" mean this Article. |
Section 95-5. Findings. The General Assembly makes the | ||
following findings: | ||
(1) Early childhood education and care is an essential | ||
part of our State's economy and infrastructure, providing | ||
the backbone that allows for parents and guardians to seek | ||
and maintain employment in industries across the State. | ||
(2) Further, research shows that participation in | ||
quality early childhood education and care supports | ||
children's development, serves as a protective factor from | ||
trauma, increases school readiness, lowers future health | ||
care costs, and increases employment options and earnings. | ||
(3) The State of Illinois funds early childhood | ||
education programs through the Illinois State Board of | ||
Education and the Department of Human Services for | ||
families seeking services aimed at improving the early | ||
development of children from the prenatal stage to 5 years | ||
of age. Similar programs are also licensed by the | ||
Department of Children and Family Services. | ||
(4) These agencies administer evidence-based | ||
home-visiting programs with doula enhancements, Early | ||
Intervention services, the Prevention Initiative program, | ||
the Preschool for All program, and the Child Care | ||
Assistance Program. | ||
(5) The cost to provide child care and early learning | ||
in the private market in Illinois is more than parents can | ||
afford, as it is more expensive in many communities than |
the cost of annual tuition and fees at a 4-year | ||
postsecondary institution. | ||
(6) Child care providers' revenues are insufficient, | ||
only allowing child care providers to pay minimum wage. | ||
That is less than 98% of all other jobs in the economy. | ||
(7) Workforce compensation in other early childhood | ||
programs is also not adequate to attract and retain | ||
qualified staff. This problem is especially acute for | ||
those working with infants and toddlers. | ||
(8) Illinois faces an early childhood educator | ||
workforce shortage, which stifles and artificially limits | ||
the supply of early childhood programs necessary for | ||
parents and guardians to go to work and school, thereby | ||
stifling economic growth in the State to an estimated cost | ||
of $2,400,000,000 annually. This is especially true for | ||
mothers, who often decide to stay home due to the | ||
exorbitant cost and inaccessibility of care. | ||
(9) Illinois also faces a shortage of high-quality | ||
early childhood education and care options in communities | ||
across the State, limiting access to services for | ||
families. The shortage is particularly acute for | ||
infant-toddler care, as there is only capacity for 17.4% | ||
of the State's infants and toddlers within licensed child | ||
care facilities. | ||
(10) In recent years, the State of Illinois has | ||
expanded access to the Child Care Assistance Program by |
raising the income eligibility threshold and making | ||
program policies more inclusive and has supported provider | ||
sustainability by significantly raising Child Care | ||
Assistance Program reimbursement rates. In addition, the | ||
State of Illinois has invested over $1,000,000,000 in | ||
federal pandemic relief funding in child care service | ||
providers to ensure that they could remain open and serve | ||
families and children in their communities during the | ||
COVID-19 pandemic and beyond, and so that staff could | ||
continue to be paid. | ||
(11) However, beyond these federal relief funds, | ||
current public levers are unable to sustainably address | ||
the early childhood educator workforce shortage or the | ||
inadequate early childhood education and care supply to | ||
meet parent and guardian needs. Child care providers need | ||
stable, predictable, and sufficient revenues to pay | ||
attractive wages without increasing costs for families. | ||
(12) Any investment to address the early childhood | ||
educator workforce shortage and to support program quality | ||
must be developed and implemented in close partnership | ||
with the educators and child care providers who would be | ||
directly impacted, as has been done to date via the Child | ||
Care Advisory Council, the Illinois Early Learning | ||
Council, Raising Illinois, We, the Village, Birth to Five | ||
Illinois Action Councils, Illinois Child Care for All, | ||
focus groups, and other stakeholder engagement efforts. |
(13) Any investment to address the early childhood | ||
educator workforce shortage and to support program quality | ||
must prioritize fiscal accountability and provider | ||
accessibility. | ||
(14) Smart Start Illinois is an effort to expand early | ||
childhood education and care services statewide with a | ||
focus on services aimed at the prenatal stage of | ||
development through 5 years of age. | ||
(15) Smart Start Illinois aims to eliminate preschool | ||
deserts, make quality child care more affordable and | ||
accessible, and increase access to evidence-based | ||
home-visiting services with doula enhancements and Early | ||
Intervention services. | ||
Section 95-10. Smart Start Child Care Workforce | ||
Compensation Program. | ||
(a) The Department of Human Services shall create and | ||
establish the Smart Start Child Care Workforce Compensation | ||
Program. The purpose of the Smart Start Child Care Workforce | ||
Compensation Program is to invest in early childhood education | ||
and care service providers, including, but not limited to, | ||
providers participating in the Child Care Assistance Program; | ||
to expand the supply of high-quality early childhood education | ||
and care; and to create a strong and stable early childhood | ||
education and care system with attractive wages, high-quality | ||
services, and affordable cost. |
(b) The purpose of the Smart Start Child Care Workforce | ||
Compensation Program is to stabilize community-based early | ||
childhood education and care service providers, raise the | ||
wages of early childhood educators, and support quality | ||
enhancements that can position service providers to | ||
participate in other public funding streams, such as Preschool | ||
for All, in order to further enhance and expand quality | ||
service delivery. | ||
(c) Subject to appropriation, the Department of Human | ||
Services shall implement the Smart Start Child Care Workforce | ||
Compensation Program for eligible licensed day care centers, | ||
licensed day care homes, and licensed group day care homes by | ||
October 1, 2024, or as soon as practicable, following | ||
completion of a planning and transition year. By October 1, | ||
2025, or as soon as practicable, and for each year thereafter, | ||
subject to appropriation, the Department of Human Services | ||
shall continue to operate the Smart Start Child Care Workforce | ||
Compensation Program annually with all licensed day care | ||
centers and licensed day care homes, and licensed group day | ||
care homes that meet eligibility requirements. The Smart Start | ||
Child Care Workforce Compensation Program shall operate | ||
separately from and shall not supplant the Child Care | ||
Assistance Program as provided for in Section 9A-11 of the | ||
Illinois Public Aid Code. | ||
(d) The Department of Human Services shall adopt | ||
administrative rules by October 1, 2024, to facilitate |
administration of the Smart Start Child Care Workforce | ||
Compensation Program, including, but not limited to, | ||
provisions for program eligibility, the application and | ||
funding calculation process, eligible expenses, required wage | ||
floors, and requirements for financial and personnel reporting | ||
and monitoring requirements. Eligibility and funding | ||
provisions shall be based on appropriation and a current model | ||
of the cost to provide child care services by a licensed child | ||
care center or licensed family child care home. | ||
Section 95-15. Stakeholder involvement in program | ||
development and implementation. The Child Care Advisory | ||
Council, or a committee of the Council, with representation | ||
from Raising Illinois, We, the Village, Birth to Five Illinois | ||
Action Councils, and Illinois Child Care for All, shall | ||
convene prior to July 1, 2023, and at least quarterly | ||
thereafter through June 30, 2025, to inform the development | ||
and implementation of the Smart Start Child Care Workforce | ||
Compensation Program. | ||
Section 95-900. The Illinois Public Aid Code is amended by | ||
changing Section 9A-11 as follows:
| ||
(305 ILCS 5/9A-11) (from Ch. 23, par. 9A-11)
| ||
Sec. 9A-11. Child care.
| ||
(a) The General Assembly recognizes that families with |
children need child
care in order to work. Child care is | ||
expensive and families with limited access to economic | ||
resources low incomes ,
including those who are transitioning | ||
from welfare to work, often struggle to
pay the costs of day | ||
care. The
General Assembly understands the importance of | ||
helping low-income working
families with limited access to | ||
economic resources become and remain self-sufficient. The | ||
General Assembly also believes
that it is the responsibility | ||
of families to share in the costs of child care.
It is also the | ||
preference of the General Assembly that all working poor
| ||
families with limited access to economic resources should be | ||
treated equally, regardless of their welfare status.
| ||
(b) To the extent resources permit, the Illinois | ||
Department shall provide
child care services to parents or | ||
other relatives as defined by rule who are
working or | ||
participating in employment or Department approved
education | ||
or training programs. At a minimum, the Illinois Department | ||
shall
cover the following categories of families:
| ||
(1) recipients of TANF under Article IV participating | ||
in work and training
activities as specified in the | ||
personal plan for employment and
self-sufficiency;
| ||
(2) families transitioning from TANF to work;
| ||
(3) families at risk of becoming recipients of TANF;
| ||
(4) families with special needs as defined by rule;
| ||
(5) working families with very low incomes as defined | ||
by rule;
|
(6) families that are not recipients of TANF and that | ||
need child care assistance to participate in education and | ||
training activities; | ||
(7) youth in care, as defined in Section 4d of the | ||
Children and Family Services Act, who are parents, | ||
regardless of income or whether they are working or | ||
participating in Department-approved employment or | ||
education or training programs. Any family that receives | ||
child care assistance in accordance with this paragraph | ||
shall receive one additional 12-month child care | ||
eligibility period after the parenting youth in care's | ||
case with the Department of Children and Family Services | ||
is closed, regardless of income or whether the parenting | ||
youth in care is working or participating in | ||
Department-approved employment or education or training | ||
programs; | ||
(8) families receiving Extended Family Support Program | ||
services from the Department of Children and Family | ||
Services, regardless of income or whether they are working | ||
or participating in Department-approved employment or | ||
education or training programs; and | ||
(9) families with children under the age of 5 who have | ||
an open intact family services case with the Department of | ||
Children and Family Services. Any family that receives | ||
child care assistance in accordance with this paragraph | ||
shall remain eligible for child care assistance 6 months |
after the child's intact family services case is closed, | ||
regardless of whether the child's parents or other | ||
relatives as defined by rule are working or participating | ||
in Department approved employment or education or training | ||
programs. The Department of Human Services, in | ||
consultation with the Department of Children and Family | ||
Services, shall adopt rules to protect the privacy of | ||
families who are the subject of an open intact family | ||
services case when such families enroll in child care | ||
services. Additional rules shall be adopted to offer | ||
children who have an open intact family services case the | ||
opportunity to receive an Early Intervention screening and | ||
other services that their families may be eligible for as | ||
provided by the Department of Human Services. | ||
Beginning October 1, 2023, and every October 1 thereafter, | ||
the Department of Children and Family Services shall report to | ||
the General Assembly on the number of children who received | ||
child care via vouchers paid for by the Department of Children | ||
and Family Services during the preceding fiscal year. The | ||
report shall include the ages of children who received child | ||
care, the type of child care they received, and the number of | ||
months they received child care. | ||
The Department shall specify by rule the conditions of | ||
eligibility, the
application process, and the types, amounts, | ||
and duration of services.
Eligibility for
child care benefits | ||
and the amount of child care provided may vary based on
family |
size, income,
and other factors as specified by rule.
| ||
The Department shall update the Child Care Assistance | ||
Program Eligibility Calculator posted on its website to | ||
include a question on whether a family is applying for child | ||
care assistance for the first time or is applying for a | ||
redetermination of eligibility. | ||
A family's eligibility for child care services shall be | ||
redetermined no sooner than 12 months following the initial | ||
determination or most recent redetermination. During the | ||
12-month periods, the family shall remain eligible for child | ||
care services regardless of (i) a change in family income, | ||
unless family income exceeds 85% of State median income, or | ||
(ii) a temporary change in the ongoing status of the parents or | ||
other relatives, as defined by rule, as working or attending a | ||
job training or educational program. | ||
In determining income eligibility for child care benefits, | ||
the Department
annually, at the beginning of each fiscal year, | ||
shall
establish, by rule, one income threshold for each family | ||
size, in relation to
percentage of State median income for a | ||
family of that size, that makes
families with incomes below | ||
the specified threshold eligible for assistance
and families | ||
with incomes above the specified threshold ineligible for
| ||
assistance. Through and including fiscal year 2007, the | ||
specified threshold must be no less than 50% of the
| ||
then-current State median income for each family size. | ||
Beginning in fiscal year 2008, the specified threshold must be |
no less than 185% of the then-current federal poverty level | ||
for each family size. Notwithstanding any other provision of | ||
law or administrative rule to the contrary, beginning in | ||
fiscal year 2019, the specified threshold for working families | ||
with very low incomes as defined by rule must be no less than | ||
185% of the then-current federal poverty level for each family | ||
size. Notwithstanding any other provision of law or | ||
administrative rule to the contrary, beginning in State fiscal | ||
year 2022 through State fiscal year 2023 , the specified
income | ||
threshold shall be no less than 200% of the
then-current | ||
federal poverty level for each family size. Beginning in State | ||
fiscal year 2024, the specified income threshold shall be no | ||
less than 225% of the then-current federal poverty level for | ||
each family size.
| ||
In determining eligibility for
assistance, the Department | ||
shall not give preference to any category of
recipients
or | ||
give preference to individuals based on their receipt of | ||
benefits under this
Code.
| ||
Nothing in this Section shall be
construed as conferring | ||
entitlement status to eligible families.
| ||
The Illinois
Department is authorized to lower income | ||
eligibility ceilings, raise parent
co-payments, create waiting | ||
lists, or take such other actions during a fiscal
year as are | ||
necessary to ensure that child care benefits paid under this
| ||
Article do not exceed the amounts appropriated for those child | ||
care benefits.
These changes may be accomplished by emergency |
rule under Section 5-45 of the
Illinois Administrative | ||
Procedure Act, except that the limitation on the number
of | ||
emergency rules that may be adopted in a 24-month period shall | ||
not apply.
| ||
The Illinois Department may contract with other State | ||
agencies or child care
organizations for the administration of | ||
child care services.
| ||
(c) Payment shall be made for child care that otherwise | ||
meets the
requirements of this Section and applicable | ||
standards of State and local
law and regulation, including any | ||
requirements the Illinois Department
promulgates by rule in | ||
addition to the licensure
requirements
promulgated by the | ||
Department of Children and Family Services and Fire
Prevention | ||
and Safety requirements promulgated by the Office of the State
| ||
Fire Marshal, and is provided in any of the following:
| ||
(1) a child care center which is licensed or exempt | ||
from licensure
pursuant to Section 2.09 of the Child Care | ||
Act of 1969;
| ||
(2) a licensed child care home or home exempt from | ||
licensing;
| ||
(3) a licensed group child care home;
| ||
(4) other types of child care, including child care | ||
provided
by relatives or persons living in the same home | ||
as the child, as determined by
the Illinois Department by | ||
rule.
| ||
(c-5)
Solely for the purposes of coverage under the |
Illinois Public Labor Relations Act, child and day care home | ||
providers, including licensed and license exempt, | ||
participating in the Department's child care assistance | ||
program shall be considered to be public employees and the | ||
State of Illinois shall be considered to be their employer as | ||
of January 1, 2006 (the effective date of Public Act 94-320), | ||
but not before. The State shall engage in collective | ||
bargaining with an exclusive representative of child and day | ||
care home providers participating in the child care assistance | ||
program concerning their terms and conditions of employment | ||
that are within the State's control. Nothing in this | ||
subsection shall be understood to limit the right of families | ||
receiving services defined in this Section to select child and | ||
day care home providers or supervise them within the limits of | ||
this Section. The State shall not be considered to be the | ||
employer of child and day care home providers for any purposes | ||
not specifically provided in Public Act 94-320, including, but | ||
not limited to, purposes of vicarious liability in tort and | ||
purposes of statutory retirement or health insurance benefits. | ||
Child and day care home providers shall not be covered by the | ||
State Employees Group Insurance Act of 1971. | ||
In according child and day care home providers and their | ||
selected representative rights under the Illinois Public Labor | ||
Relations Act, the State intends that the State action | ||
exemption to application of federal and State antitrust laws | ||
be fully available to the extent that their activities are |
authorized by Public Act 94-320.
| ||
(d) The Illinois Department shall establish, by rule, a | ||
co-payment scale that provides for cost sharing by families | ||
that receive
child care services, including parents whose only | ||
income is from
assistance under this Code. The co-payment | ||
shall be based on family income and family size and may be | ||
based on other factors as appropriate. Co-payments may be | ||
waived for families whose incomes are at or below the federal | ||
poverty level.
| ||
(d-5) The Illinois Department, in consultation with its | ||
Child Care and Development Advisory Council, shall develop a | ||
plan to revise the child care assistance program's co-payment | ||
scale. The plan shall be completed no later than February 1, | ||
2008, and shall include: | ||
(1) findings as to the percentage of income that the | ||
average American family spends on child care and the | ||
relative amounts that low-income families and the average | ||
American family spend on other necessities of life;
| ||
(2) recommendations for revising the child care | ||
co-payment scale to assure that families receiving child | ||
care services from the Department are paying no more than | ||
they can reasonably afford; | ||
(3) recommendations for revising the child care | ||
co-payment scale to provide at-risk children with complete | ||
access to Preschool for All and Head Start; and | ||
(4) recommendations for changes in child care program |
policies that affect the affordability of child care.
| ||
(e) (Blank).
| ||
(f) The Illinois Department shall, by rule, set rates to | ||
be paid for the
various types of child care. Child care may be | ||
provided through one of the
following methods:
| ||
(1) arranging the child care through eligible | ||
providers by use of
purchase of service contracts or | ||
vouchers;
| ||
(2) arranging with other agencies and community | ||
volunteer groups for
non-reimbursed child care;
| ||
(3) (blank); or
| ||
(4) adopting such other arrangements as the Department | ||
determines
appropriate.
| ||
(f-1) Within 30 days after June 4, 2018 (the effective | ||
date of Public Act 100-587), the Department of Human Services | ||
shall establish rates for child care providers that are no | ||
less than the rates in effect on January 1, 2018 increased by | ||
4.26%. | ||
(f-5) (Blank). | ||
(g) Families eligible for assistance under this Section | ||
shall be given the
following options:
| ||
(1) receiving a child care certificate issued by the | ||
Department or a
subcontractor of the Department that may | ||
be used by the parents as payment for
child care and | ||
development services only; or
| ||
(2) if space is available, enrolling the child with a |
child care provider
that has a purchase of service | ||
contract with the Department or a subcontractor
of the | ||
Department for the provision of child care and development | ||
services.
The Department may identify particular priority | ||
populations for whom they may
request special | ||
consideration by a provider with purchase of service
| ||
contracts, provided that the providers shall be permitted | ||
to maintain a balance
of clients in terms of household | ||
incomes and families and children with special
needs, as | ||
defined by rule.
| ||
(Source: P.A. 101-81, eff. 7-12-19; 101-657, eff. 3-23-21; | ||
102-491, eff. 8-20-21; 102-813, eff. 5-13-22; 102-926, eff. | ||
5-27-22.)
| ||
ARTICLE 97. | ||
Section 97-5. The Business Corporation Act of 1983 is | ||
amended by changing Section 15.35 as follows:
| ||
(805 ILCS 5/15.35) (from Ch. 32, par. 15.35)
| ||
(Text of Section from P.A. 102-16)
| ||
Sec. 15.35. Franchise taxes payable by domestic | ||
corporations. For the privilege of exercising its franchises | ||
in this State, each
domestic corporation shall pay to the | ||
Secretary of State the following
franchise taxes, computed on | ||
the basis, at the rates and for the periods
prescribed in this |
Act:
| ||
(a) An initial franchise tax at the time of filing its | ||
first report of
issuance of shares.
| ||
(b) An additional franchise tax at the time of filing | ||
(1) a report of
the issuance of additional shares, or (2) a | ||
report of an increase in paid-in
capital without the | ||
issuance of shares, or (3) an amendment to the articles
of | ||
incorporation or a report of cumulative changes in paid-in | ||
capital,
whenever any amendment or such report discloses | ||
an increase in its paid-in
capital over the amount thereof | ||
last reported in any document, other than
an annual | ||
report, interim annual report or final transition annual | ||
report
required by this Act to be filed in the office of | ||
the Secretary of State.
| ||
(c) An additional franchise tax at the time of filing | ||
a report of paid-in
capital following a statutory merger | ||
or consolidation, which discloses that
the paid-in capital | ||
of the surviving or new corporation immediately after
the | ||
merger or consolidation is greater than the sum of the | ||
paid-in capital
of all of the merged or consolidated | ||
corporations as last reported
by them in any documents, | ||
other than annual reports, required by this Act
to be | ||
filed in the office of the Secretary of State; and in | ||
addition, the
surviving or new corporation shall be liable | ||
for a further additional franchise
tax on the paid-in | ||
capital of each of the merged or consolidated
corporations |
as last reported by them in any document, other than an | ||
annual
report, required by this Act to be filed with the | ||
Secretary of State from
their taxable year end to the next | ||
succeeding anniversary month or, in
the case of a | ||
corporation which has established an extended filing | ||
month,
the extended filing month of the surviving or new | ||
corporation; however if
the taxable year ends within the | ||
2-month period immediately preceding the
anniversary month | ||
or, in the case of a corporation which has established an
| ||
extended filing month, the extended filing month of the | ||
surviving or new
corporation the tax will be computed to | ||
the anniversary month or, in the
case of a corporation | ||
which has established an extended filing month, the
| ||
extended filing month of the surviving or new corporation | ||
in the next
succeeding calendar year.
| ||
(d) An annual franchise tax payable each year with the | ||
annual report
which the corporation is required by this | ||
Act to file.
| ||
On or after January 1, 2020 and prior to January 1, 2021, | ||
the first $30 in liability is exempt from the tax imposed under | ||
this Section. On or after January 1, 2021, and prior to January | ||
1, 2024, the first $1,000 in liability is exempt from the tax | ||
imposed under this Section. On or after January 1, 2024, the | ||
first $5,000 in liability is exempt from the tax imposed under | ||
this Section. | ||
(Source: P.A. 101-9, eff. 6-5-19; 102-16, eff. 6-17-21.)
|
(Text of Section from P.A. 102-282)
| ||
Sec. 15.35. Franchise taxes payable by domestic | ||
corporations. For the privilege of exercising its franchises | ||
in this State, each
domestic corporation shall pay to the | ||
Secretary of State the following
franchise taxes, computed on | ||
the basis, at the rates and for the periods
prescribed in this | ||
Act:
| ||
(a) An initial franchise tax at the time of filing its | ||
first report of
issuance of shares.
| ||
(b) An additional franchise tax at the time of filing | ||
(1) a report of
the issuance of additional shares, or (2) a | ||
report of an increase in paid-in
capital without the | ||
issuance of shares, or (3) an amendment to the articles
of | ||
incorporation or a report of cumulative changes in paid-in | ||
capital,
whenever any amendment or such report discloses | ||
an increase in its paid-in
capital over the amount thereof | ||
last reported in any document, other than
an annual | ||
report, interim annual report or final transition annual | ||
report
required by this Act to be filed in the office of | ||
the Secretary of State.
| ||
(c) An additional franchise tax at the time of filing | ||
a report of paid-in
capital following a statutory merger | ||
or consolidation, which discloses that
the paid-in capital | ||
of the surviving or new corporation immediately after
the | ||
merger or consolidation is greater than the sum of the |
paid-in capital
of all of the merged or consolidated | ||
corporations as last reported
by them in any documents, | ||
other than annual reports, required by this Act
to be | ||
filed in the office of the Secretary of State; and in | ||
addition, the
surviving or new corporation shall be liable | ||
for a further additional franchise
tax on the paid-in | ||
capital of each of the merged or consolidated
corporations | ||
as last reported by them in any document, other than an | ||
annual
report, required by this Act to be filed with the | ||
Secretary of State from
their taxable year end to the next | ||
succeeding anniversary month or, in
the case of a | ||
corporation which has established an extended filing | ||
month,
the extended filing month of the surviving or new | ||
corporation; however if
the taxable year ends within the | ||
2-month period immediately preceding the
anniversary month | ||
or, in the case of a corporation which has established an
| ||
extended filing month, the extended filing month of the | ||
surviving or new
corporation the tax will be computed to | ||
the anniversary month or, in the
case of a corporation | ||
which has established an extended filing month, the
| ||
extended filing month of the surviving or new corporation | ||
in the next
succeeding calendar year.
| ||
(d) An annual franchise tax payable each year with the | ||
annual report
which the corporation is required by this | ||
Act to file.
| ||
On or after January 1, 2020 and prior to January 1, 2021, |
the first $30 in liability is exempt from the tax imposed under | ||
this Section. On or after January 1, 2021 and prior to January | ||
1, 2024 2022 , the first $1,000 in liability is exempt from the | ||
tax imposed under this Section. On or after January 1, 2024, | ||
the first $5,000 in liability is exempt from the tax imposed | ||
under this Section. On or after January 1, 2022 and prior to | ||
January 1, 2023, the first $10,000 in liability is exempt from | ||
the tax imposed under this Section. On or after January 1, 2023 | ||
and prior to January 1, 2024, the first $100,000 in liability | ||
is exempt from the tax imposed under this Section. The | ||
provisions of this Section shall not require the payment of | ||
any franchise tax that would otherwise have been due and | ||
payable on or after January 1, 2024. There shall be no refunds | ||
or proration of franchise tax for any taxes due and payable on | ||
or after January 1, 2024 on the basis that a portion of the | ||
corporation's taxable year extends beyond January 1, 2024. | ||
Public Act 101-9 shall not affect any right accrued or | ||
established, or any liability or penalty incurred prior to | ||
January 1, 2024. | ||
This Section is repealed on December 31, 2024. | ||
(Source: P.A. 101-9, eff. 6-5-19; 102-282, eff. 1-1-22.)
| ||
(Text of Section from P.A. 102-558)
| ||
Sec. 15.35. Franchise taxes payable by domestic | ||
corporations. For the privilege of exercising its franchises | ||
in this State, each
domestic corporation shall pay to the |
Secretary of State the following
franchise taxes, computed on | ||
the basis, at the rates and for the periods
prescribed in this | ||
Act:
| ||
(a) An initial franchise tax at the time of filing its | ||
first report of
issuance of shares.
| ||
(b) An additional franchise tax at the time of filing | ||
(1) a report of
the issuance of additional shares, or (2) a | ||
report of an increase in paid-in
capital without the | ||
issuance of shares, or (3) an amendment to the articles
of | ||
incorporation or a report of cumulative changes in paid-in | ||
capital,
whenever any amendment or such report discloses | ||
an increase in its paid-in
capital over the amount thereof | ||
last reported in any document, other than
an annual | ||
report, interim annual report or final transition annual | ||
report
required by this Act to be filed in the office of | ||
the Secretary of State.
| ||
(c) An additional franchise tax at the time of filing | ||
a report of paid-in
capital following a statutory merger | ||
or consolidation, which discloses that
the paid-in capital | ||
of the surviving or new corporation immediately after
the | ||
merger or consolidation is greater than the sum of the | ||
paid-in capital
of all of the merged or consolidated | ||
corporations as last reported
by them in any documents, | ||
other than annual reports, required by this Act
to be | ||
filed in the office of the Secretary of State; and in | ||
addition, the
surviving or new corporation shall be liable |
for a further additional franchise
tax on the paid-in | ||
capital of each of the merged or consolidated
corporations | ||
as last reported by them in any document, other than an | ||
annual
report, required by this Act to be filed with the | ||
Secretary of State from
their taxable year end to the next | ||
succeeding anniversary month or, in
the case of a | ||
corporation which has established an extended filing | ||
month,
the extended filing month of the surviving or new | ||
corporation; however if
the taxable year ends within the | ||
2-month period immediately preceding the
anniversary month | ||
or, in the case of a corporation which has established an
| ||
extended filing month, the extended filing month of the | ||
surviving or new
corporation the tax will be computed to | ||
the anniversary month or, in the
case of a corporation | ||
which has established an extended filing month, the
| ||
extended filing month of the surviving or new corporation | ||
in the next
succeeding calendar year.
| ||
(d) An annual franchise tax payable each year with the | ||
annual report
which the corporation is required by this | ||
Act to file.
| ||
On or after January 1, 2020 and prior to January 1, 2021, | ||
the first $30 in liability is exempt from the tax imposed under | ||
this Section. On or after January 1, 2021 and prior to January | ||
1, 2024 2022 , the first $1,000 in liability is exempt from the | ||
tax imposed under this Section. On or after January 1, 2024, | ||
the first $5,000 in liability is exempt from the tax imposed |
under this Section. On or after January 1, 2022 and prior to | ||
January 1, 2023, the first $10,000 in liability is exempt from | ||
the tax imposed under this Section. On or after January 1, 2023 | ||
and prior to January 1, 2024, the first $100,000 in liability | ||
is exempt from the tax imposed under this Section. The | ||
provisions of this Section shall not require the payment of | ||
any franchise tax that would otherwise have been due and | ||
payable on or after January 1, 2024. There shall be no refunds | ||
or proration of franchise tax for any taxes due and payable on | ||
or after January 1, 2024 on the basis that a portion of the | ||
corporation's taxable year extends beyond January 1, 2024. | ||
Public Act 101-9 shall not affect any right accrued or | ||
established, or any liability or penalty incurred prior to | ||
January 1, 2024. | ||
This Section is repealed on December 31, 2025. | ||
(Source: P.A. 101-9, eff. 6-5-19; 102-558, eff. 8-20-21. )
| ||
Article 98. | ||
Section 98-5. The Illinois Vehicle Code is amended by | ||
changing Sections 2-119, 2-123, 3-821, and 6-118 as follows:
| ||
(625 ILCS 5/2-119) (from Ch. 95 1/2, par. 2-119)
| ||
Sec. 2-119. Disposition of fees and taxes.
| ||
(a) All moneys received from Salvage Certificates shall be | ||
deposited in
the Common School Fund in the State Treasury.
|
(b) Of the money collected for each certificate of title, | ||
duplicate certificate of title, and corrected certificate of | ||
title: | ||
(1) $2.60 shall be deposited in the Park and | ||
Conservation Fund; | ||
(2) $0.65 shall be deposited in the Illinois Fisheries | ||
Management Fund; | ||
(3) $48 shall be disbursed under subsection (g) of | ||
this Section; | ||
(4) $4 shall be deposited into the Motor Vehicle | ||
License Plate Fund; and | ||
(5) $30 shall be deposited into the Capital Projects | ||
Fund ; and . | ||
(6) $10 shall be deposited into the Secretary of State | ||
Special Services Fund. | ||
All remaining moneys collected for certificates of title, | ||
and all moneys collected for filing of security interests, | ||
shall be deposited in the General Revenue Fund. | ||
The $20 collected for each delinquent vehicle registration | ||
renewal fee shall be deposited into the General Revenue Fund. | ||
The moneys deposited in the Park and Conservation Fund | ||
under this Section shall be used for the acquisition and | ||
development of bike paths as provided for in Section 805-420 | ||
of the Department of Natural Resources (Conservation) Law of | ||
the Civil Administrative Code of Illinois. The moneys | ||
deposited into the Park and Conservation Fund under this |
subsection shall not be subject to administrative charges or | ||
chargebacks, unless otherwise authorized by this Code. | ||
If the balance in the Motor Vehicle License Plate Fund | ||
exceeds $40,000,000 on the last day of a calendar month, then | ||
during the next calendar month, the $4 that otherwise would be | ||
deposited in that fund shall instead be deposited into the | ||
Road Fund.
| ||
(c) All moneys collected for that portion of a driver's | ||
license fee
designated for driver education under Section | ||
6-118 shall be placed in
the Drivers Education Fund in the | ||
State Treasury.
| ||
(d) Of the moneys collected as a registration fee for each | ||
motorcycle, motor driven cycle, and moped, 27% shall be | ||
deposited in the Cycle Rider Safety Training Fund.
| ||
(e) (Blank).
| ||
(f) Of the total money collected for a commercial | ||
learner's permit (CLP) or
original or renewal issuance of a | ||
commercial driver's license (CDL)
pursuant to the Uniform | ||
Commercial Driver's License Act (UCDLA): (i) $6 of the
total | ||
fee for an original or renewal CDL, and $6 of the total CLP fee | ||
when such permit is issued to any person holding a
valid | ||
Illinois driver's license, shall be paid into the | ||
CDLIS/AAMVAnet/NMVTIS
Trust Fund (Commercial Driver's License | ||
Information System/American
Association of Motor Vehicle | ||
Administrators network/National Motor Vehicle Title | ||
Information Service Trust Fund) and shall
be used for the |
purposes provided in Section 6z-23 of the State Finance Act
| ||
and (ii) $20 of the total fee for an original or renewal CDL or | ||
CLP shall be paid
into the Motor Carrier Safety Inspection | ||
Fund, which is hereby created as a
special fund in the State | ||
Treasury, to be used by
the Illinois State Police, subject to | ||
appropriation, to hire additional officers to
conduct motor | ||
carrier safety
inspections
pursuant to Chapter 18b of this | ||
Code.
| ||
(g) Of the moneys received by the Secretary of State as | ||
registration fees or taxes, certificates of title, duplicate | ||
certificates of title, corrected certificates of title, or as | ||
payment of any other fee under this Code, when those moneys are | ||
not otherwise distributed by this Code, 37% shall be deposited | ||
into the State Construction Account Fund, and 63% shall be | ||
deposited in the Road Fund. Moneys in the Road Fund shall be | ||
used for the purposes provided in Section 8.3 of the State | ||
Finance Act.
| ||
(h) (Blank).
| ||
(i) (Blank).
| ||
(j) (Blank).
| ||
(k) There is created in the State Treasury a special fund | ||
to be known as
the Secretary of State Special License Plate | ||
Fund. Money deposited into the
Fund shall, subject to | ||
appropriation, be used by the Office of the Secretary
of State | ||
(i) to help defray plate manufacturing and plate processing | ||
costs
for the issuance and, when applicable, renewal of any |
new or existing
registration plates authorized under this Code | ||
and (ii) for grants made by the
Secretary of State to benefit | ||
Illinois Veterans Home libraries.
| ||
(l) The Motor Vehicle Review Board Fund is created as a | ||
special fund in
the State Treasury. Moneys deposited into the | ||
Fund under paragraph (7) of
subsection (b) of Section 5-101 | ||
and Section 5-109 shall,
subject to appropriation, be used by | ||
the Office of the Secretary of State to
administer the Motor | ||
Vehicle Review Board, including without
limitation payment of | ||
compensation and all necessary expenses incurred in
| ||
administering the Motor Vehicle Review Board under the Motor | ||
Vehicle Franchise
Act.
| ||
(m) Effective July 1, 1996, there is created in the State
| ||
Treasury a special fund to be known as the Family | ||
Responsibility Fund. Moneys
deposited into the Fund shall, | ||
subject to appropriation, be used by the Office
of the | ||
Secretary of State for the purpose of enforcing the Family | ||
Financial
Responsibility Law.
| ||
(n) The Illinois Fire Fighters' Memorial Fund is created | ||
as a special
fund in the State Treasury. Moneys deposited into | ||
the Fund shall, subject
to appropriation, be used by the | ||
Office of the State Fire Marshal for
construction of the | ||
Illinois Fire Fighters' Memorial to be located at the
State | ||
Capitol grounds in Springfield, Illinois. Upon the completion | ||
of the
Memorial, moneys in the Fund shall be used in accordance | ||
with Section 3-634.
|
(o) Of the money collected for each certificate of title | ||
for all-terrain
vehicles and off-highway motorcycles, $17 | ||
shall be deposited into the
Off-Highway Vehicle Trails Fund.
| ||
(p) For audits conducted on or after July 1, 2003 pursuant | ||
to Section
2-124(d) of this Code, 50% of the money collected as | ||
audit fees shall be
deposited
into the General Revenue Fund.
| ||
(q) Beginning July 1, 2023, the additional fees imposed by | ||
this amendatory Act of the 103rd General Assembly in Sections | ||
2-123, 3-821, and 6-118 shall be deposited into the Secretary | ||
of State Special Services Fund. | ||
(Source: P.A. 102-538, eff. 8-20-21.)
| ||
(625 ILCS 5/2-123) (from Ch. 95 1/2, par. 2-123)
| ||
(Text of Section before amendment by P.A. 102-982 )
| ||
Sec. 2-123. Sale and distribution of information.
| ||
(a) Except as otherwise provided in this Section, the | ||
Secretary may make the
driver's license, vehicle and title | ||
registration lists, in part or in whole,
and any statistical | ||
information derived from these lists available to local
| ||
governments, elected state officials, state educational | ||
institutions, and all
other governmental units of the State | ||
and Federal
Government
requesting them for governmental | ||
purposes. The Secretary shall require any such
applicant for | ||
services to pay for the costs of furnishing such services and | ||
the
use of the equipment involved, and in addition is | ||
empowered to establish prices
and charges for the services so |
furnished and for the use of the electronic
equipment | ||
utilized.
| ||
(b) The Secretary is further empowered to and he may, in | ||
his discretion,
furnish to any applicant, other than listed in | ||
subsection (a) of this Section,
vehicle or driver data on a | ||
computer tape, disk, other electronic format or
computer | ||
processable medium, or printout at a fixed fee of $500
$250 for | ||
orders received before October 1, 2003 and $500 for orders | ||
received
on or after October 1, 2003 , in advance, and require | ||
in addition a
further sufficient
deposit based upon the | ||
Secretary of State's estimate of the total cost of the
| ||
information requested and a charge of $50 $25 for orders | ||
received before October
1, 2003 and $50 for orders received on | ||
or after October 1, 2003 , per 1,000
units or part
thereof | ||
identified or the actual cost, whichever is greater. The | ||
Secretary is
authorized to refund any difference between the | ||
additional deposit and the
actual cost of the request. This | ||
service shall not be in lieu of an abstract
of a driver's | ||
record nor of a title or registration search. This service may
| ||
be limited to entities purchasing a minimum number of records | ||
as required by
administrative rule. The information
sold | ||
pursuant to this subsection shall be the entire vehicle or | ||
driver data
list, or part thereof. The information sold | ||
pursuant to this subsection
shall not contain personally | ||
identifying information unless the information is
to be used | ||
for one of the purposes identified in subsection (f-5) of this
|
Section. Commercial purchasers of driver and vehicle record | ||
databases shall
enter into a written agreement with the | ||
Secretary of State that includes
disclosure of the commercial | ||
use of the information to be purchased. | ||
(b-1) The Secretary is further empowered to and may, in | ||
his or her discretion, furnish vehicle or driver data on a | ||
computer tape, disk, or other electronic format or computer | ||
processible medium, at no fee, to any State or local | ||
governmental agency that uses the information provided by the | ||
Secretary to transmit data back to the Secretary that enables | ||
the Secretary to maintain accurate driving records, including | ||
dispositions of traffic cases. This information may be | ||
provided without fee not more often than once every 6 months.
| ||
(c) Secretary of State may issue registration lists. The | ||
Secretary
of State may compile a list of all registered
| ||
vehicles. Each list of registered vehicles shall be arranged | ||
serially
according to the registration numbers assigned to | ||
registered vehicles and
may contain in addition the names and | ||
addresses of registered owners and
a brief description of each | ||
vehicle including the serial or other
identifying number | ||
thereof. Such compilation may be in such form as in the
| ||
discretion of the Secretary of State may seem best for the | ||
purposes intended.
| ||
(d) The Secretary of State shall furnish no more than 2 | ||
current available
lists of such registrations to the sheriffs | ||
of all counties and to the chiefs
of police of all cities and |
villages and towns of 2,000 population and over
in this State | ||
at no cost. Additional copies may be purchased by the sheriffs
| ||
or chiefs of police at the fee
of $500 each or at the cost of | ||
producing the list as determined
by the Secretary of State. | ||
Such lists are to be used for governmental
purposes only.
| ||
(e) (Blank).
| ||
(e-1) (Blank).
| ||
(f) The Secretary of State shall make a title or | ||
registration search of the
records of his office and a written | ||
report on the same for any person, upon
written application of | ||
such person, accompanied by a fee of $5 for
each registration | ||
or title search. The written application shall set forth
the | ||
intended use of the requested information. No fee shall be | ||
charged for a
title or
registration search, or for the | ||
certification thereof requested by a government
agency. The | ||
report of the title or registration search shall not contain
| ||
personally identifying information unless the request for a | ||
search was made for
one of the purposes identified in | ||
subsection (f-5) of this Section. The report of the title or | ||
registration search shall not contain highly
restricted | ||
personal
information unless specifically authorized by this | ||
Code.
| ||
The Secretary of State shall certify a title or | ||
registration record upon
written request. The fee for | ||
certification shall be $5 in addition
to the fee required for a | ||
title or registration search. Certification shall
be made |
under the signature of the Secretary of State and shall be
| ||
authenticated by Seal of the Secretary of State.
| ||
The Secretary of State may notify the vehicle owner or | ||
registrant of
the request for purchase of his title or | ||
registration information as the
Secretary deems appropriate.
| ||
No information shall be released to the requester until | ||
expiration of a 10-day
period. This 10-day period shall not | ||
apply to requests for
information made by law enforcement | ||
officials, government agencies,
financial institutions, | ||
attorneys, insurers, employers, automobile
associated | ||
businesses, persons licensed as a private detective or firms
| ||
licensed as a private detective agency under the Private | ||
Detective, Private
Alarm, Private Security, Fingerprint | ||
Vendor, and Locksmith Act of 2004, who are employed by or are
| ||
acting on
behalf of law enforcement officials, government | ||
agencies, financial
institutions, attorneys, insurers, | ||
employers, automobile associated businesses,
and other | ||
business entities for purposes consistent with the Illinois | ||
Vehicle
Code, the vehicle owner or registrant or other | ||
entities as the Secretary may
exempt by rule and regulation.
| ||
Any misrepresentation made by a requester of title or | ||
vehicle information
shall be punishable as a petty offense, | ||
except in the case of persons
licensed as a private detective | ||
or firms licensed as a private detective agency
which shall be | ||
subject to disciplinary sanctions under Section 40-10 of the
| ||
Private Detective, Private Alarm, Private Security, |
Fingerprint Vendor, and Locksmith Act of 2004.
| ||
(f-5) The Secretary of State shall not disclose or | ||
otherwise make
available to
any person or entity any | ||
personally identifying information obtained by the
Secretary
| ||
of State in connection with a driver's license, vehicle, or | ||
title registration
record
unless the information is disclosed | ||
for one of the following purposes:
| ||
(1) For use by any government agency, including any | ||
court or law
enforcement agency, in carrying out its | ||
functions, or any private person or
entity acting on | ||
behalf of a federal, State, or local agency in carrying | ||
out
its
functions.
| ||
(2) For use in connection with matters of motor | ||
vehicle or driver safety
and theft; motor vehicle | ||
emissions; motor vehicle product alterations, recalls,
or | ||
advisories; performance monitoring of motor vehicles, | ||
motor vehicle parts,
and dealers; and removal of non-owner | ||
records from the original owner
records of motor vehicle | ||
manufacturers.
| ||
(3) For use in the normal course of business by a | ||
legitimate business or
its agents, employees, or | ||
contractors, but only:
| ||
(A) to verify the accuracy of personal information | ||
submitted by
an individual to the business or its | ||
agents, employees, or contractors;
and
| ||
(B) if such information as so submitted is not |
correct or is no
longer correct, to obtain the correct | ||
information, but only for the
purposes of preventing | ||
fraud by, pursuing legal remedies against, or
| ||
recovering on a debt or security interest against, the | ||
individual.
| ||
(4) For use in research activities and for use in | ||
producing statistical
reports, if the personally | ||
identifying information is not published,
redisclosed, or | ||
used to
contact individuals.
| ||
(5) For use in connection with any civil, criminal, | ||
administrative, or
arbitral proceeding in any federal, | ||
State, or local court or agency or before
any
| ||
self-regulatory body, including the service of process, | ||
investigation in
anticipation of litigation, and the | ||
execution or enforcement of judgments and
orders, or | ||
pursuant to an order of a federal, State, or local court.
| ||
(6) For use by any insurer or insurance support | ||
organization or by a
self-insured entity or its agents, | ||
employees, or contractors in connection with
claims | ||
investigation activities, antifraud activities, rating, or | ||
underwriting.
| ||
(7) For use in providing notice to the owners of towed | ||
or
impounded vehicles.
| ||
(8) For use by any person licensed as a private | ||
detective or firm licensed as a private
detective agency | ||
under
the Private Detective, Private Alarm, Private |
Security, Fingerprint Vendor, and Locksmith Act of
2004, | ||
private investigative agency or security service
licensed | ||
in Illinois for any purpose permitted under this | ||
subsection.
| ||
(9) For use by an employer or its agent or insurer to | ||
obtain or verify
information relating to a holder of a | ||
commercial driver's license that is
required under chapter | ||
313 of title 49 of the United States Code.
| ||
(10) For use in connection with the operation of | ||
private toll
transportation facilities.
| ||
(11) For use by any requester, if the requester | ||
demonstrates it has
obtained the written consent of the | ||
individual to whom the information
pertains.
| ||
(12) For use by members of the news media, as defined | ||
in
Section 1-148.5, for the purpose of newsgathering when | ||
the request relates to
the
operation of a motor vehicle or | ||
public safety.
| ||
(13) For any other use specifically authorized by law, | ||
if that use is
related to the operation of a motor vehicle | ||
or public safety. | ||
(f-6) The Secretary of State shall not disclose or | ||
otherwise make
available to any
person or entity any highly | ||
restricted personal information obtained by the
Secretary of
| ||
State in connection with a driver's license, vehicle, or
title | ||
registration
record unless
specifically authorized by this | ||
Code.
|
(g) 1. The Secretary of State may, upon receipt of a | ||
written request
and a fee as set forth in Section 6-118, | ||
furnish to the person or agency so requesting a
driver's | ||
record or data contained therein. Such document may include a | ||
record of: current driver's
license issuance information, | ||
except that the information on judicial driving
permits shall | ||
be available only as otherwise provided by this Code;
| ||
convictions; orders entered revoking, suspending or cancelling | ||
a
driver's
license or privilege; and notations of accident | ||
involvement. All other
information, unless otherwise permitted | ||
by
this Code, shall remain confidential. Information released | ||
pursuant to a
request for a driver's record shall not contain | ||
personally identifying
information, unless the request for the | ||
driver's record was made for one of the
purposes set forth in | ||
subsection (f-5) of this Section. The Secretary of State may, | ||
without fee, allow a parent or guardian of a person under the | ||
age of 18 years, who holds an instruction permit or graduated | ||
driver's license, to view that person's driving record online, | ||
through a computer connection.
The parent or guardian's online | ||
access to the driving record will terminate when the | ||
instruction permit or graduated driver's license holder | ||
reaches the age of 18.
| ||
2. The Secretary of State shall not disclose or otherwise | ||
make available
to any
person or
entity any highly restricted | ||
personal information obtained by the Secretary of
State in
| ||
connection with a driver's license, vehicle, or title
|
registration record
unless specifically
authorized by this | ||
Code. The Secretary of State may certify an abstract of a | ||
driver's record
upon written request therefor. Such | ||
certification
shall be made under the signature of the | ||
Secretary of State and shall be
authenticated by the Seal of | ||
his office.
| ||
3. All requests for driving record information shall be | ||
made in a manner
prescribed by the Secretary and shall set | ||
forth the intended use of the
requested information.
| ||
The Secretary of State may notify the affected driver of | ||
the request
for purchase of his driver's record as the | ||
Secretary deems appropriate.
| ||
No information shall be released to the requester until | ||
expiration of a 10-day
period. This 10-day period shall not | ||
apply to requests for information
made by law enforcement | ||
officials, government agencies, financial institutions,
| ||
attorneys, insurers, employers, automobile associated | ||
businesses, persons
licensed as a private detective or firms | ||
licensed as a private detective agency
under the Private | ||
Detective, Private Alarm, Private Security, Fingerprint | ||
Vendor, and Locksmith Act
of 2004,
who are employed by or are | ||
acting on behalf of law enforcement officials,
government | ||
agencies, financial institutions, attorneys, insurers, | ||
employers,
automobile associated businesses, and other | ||
business entities for purposes
consistent with the Illinois | ||
Vehicle Code, the affected driver or other
entities as the |
Secretary may exempt by rule and regulation.
| ||
Any misrepresentation made by a requester of driver | ||
information shall
be punishable as a petty offense, except in | ||
the case of persons licensed as
a private detective or firms | ||
licensed as a private detective agency which shall
be subject | ||
to disciplinary sanctions under Section 40-10 of the Private
| ||
Detective, Private Alarm, Private Security, Fingerprint | ||
Vendor, and Locksmith Act of 2004.
| ||
4. The Secretary of State may furnish without fee, upon | ||
the written
request of a law enforcement agency, any | ||
information from a driver's
record on file with the Secretary | ||
of State when such information is required
in the enforcement | ||
of this Code or any other law relating to the operation
of | ||
motor vehicles, including records of dispositions; documented
| ||
information involving the use of a motor vehicle; whether such | ||
individual
has, or previously had, a driver's license; and the | ||
address and personal
description as reflected on said driver's | ||
record.
| ||
5. Except as otherwise provided in this Section, the | ||
Secretary of
State may furnish, without fee, information from | ||
an individual driver's
record on file, if a written request | ||
therefor is submitted
by any public transit system or | ||
authority, public defender, law enforcement
agency, a state or | ||
federal agency, or an Illinois local intergovernmental
| ||
association, if the request is for the purpose of a background | ||
check of
applicants for employment with the requesting agency, |
or for the purpose of
an official investigation conducted by | ||
the agency, or to determine a
current address for the driver so | ||
public funds can be recovered or paid to
the driver, or for any | ||
other purpose set forth in subsection (f-5)
of this Section.
| ||
The Secretary may also furnish the courts a copy of an | ||
abstract of a
driver's record, without fee, subsequent to an | ||
arrest for a violation of
Section 11-501 or a similar | ||
provision of a local ordinance. Such abstract
may include | ||
records of dispositions; documented information involving
the | ||
use of a motor vehicle as contained in the current file; | ||
whether such
individual has, or previously had, a driver's | ||
license; and the address and
personal description as reflected | ||
on said driver's record.
| ||
6. Any certified abstract issued by the Secretary of State | ||
or
transmitted electronically by the Secretary of State | ||
pursuant to this
Section,
to a court or on request of a law | ||
enforcement agency, for the record of a
named person as to the | ||
status of the person's driver's license shall be
prima facie | ||
evidence of the facts therein stated and if the name appearing
| ||
in such abstract is the same as that of a person named in an | ||
information or
warrant, such abstract shall be prima facie | ||
evidence that the person named
in such information or warrant | ||
is the same person as the person named in
such abstract and | ||
shall be admissible for any prosecution under this Code and
be | ||
admitted as proof of any prior conviction or proof of records, | ||
notices, or
orders recorded on individual driving records |
maintained by the Secretary of
State.
| ||
7. Subject to any restrictions contained in the Juvenile | ||
Court Act of
1987, and upon receipt of a proper request and a | ||
fee as set forth in Section 6-118, the
Secretary of
State shall | ||
provide a driver's record or data contained therein to the | ||
affected driver, or the affected
driver's attorney, upon | ||
verification. Such record shall contain all the
information | ||
referred to in paragraph 1 of this subsection (g) plus: any
| ||
recorded accident involvement as a driver; information | ||
recorded pursuant to
subsection (e) of Section 6-117 and | ||
paragraph (4) of subsection (a) of
Section 6-204 of this Code. | ||
All other information, unless otherwise permitted
by this | ||
Code, shall remain confidential.
| ||
(h) The Secretary shall not disclose social security | ||
numbers or any associated information obtained from the Social | ||
Security Administration except pursuant
to a written request | ||
by, or with the prior written consent of, the
individual | ||
except: (1) to officers and employees of the Secretary
who
| ||
have a need to know the social security numbers in performance | ||
of their
official duties, (2) to law enforcement officials for | ||
a civil or
criminal law enforcement investigation, and if an | ||
officer of the law enforcement
agency has made a written | ||
request to the Secretary specifying the law
enforcement | ||
investigation for which the social security numbers are being
| ||
sought, though the Secretary retains the right to require | ||
additional verification regarding the validity of the request, |
(3) to the United States Department of Transportation, or any | ||
other
State, pursuant to the administration and enforcement of | ||
the Commercial
Motor Vehicle Safety Act of 1986 or | ||
participation in State-to-State verification service, (4) | ||
pursuant to the order of a court
of competent jurisdiction, | ||
(5) to the Department of Healthcare and Family Services | ||
(formerly Department of Public Aid) for
utilization
in the | ||
child support enforcement duties assigned to that Department | ||
under
provisions of the Illinois Public Aid Code after the | ||
individual has received advanced
meaningful notification of | ||
what redisclosure is sought by the Secretary in
accordance | ||
with the federal Privacy Act, (5.5) to the Department of | ||
Healthcare and Family Services and the Department of Human | ||
Services solely for the purpose of verifying Illinois | ||
residency where such residency is an eligibility requirement | ||
for benefits under the Illinois Public Aid Code or any other | ||
health benefit program administered by the Department of | ||
Healthcare and Family Services or the Department of Human | ||
Services, (6) to the Illinois Department of Revenue solely for | ||
use by the Department in the collection of any tax or debt that | ||
the Department of Revenue is authorized or required by law to | ||
collect, provided that the Department shall not disclose the | ||
social security number to any person or entity outside of the | ||
Department, (7) to the Illinois Department of Veterans' | ||
Affairs for the purpose of confirming veteran status, or (8) | ||
the last 4 digits to the Illinois State Board of Elections for |
purposes of voter registration and as may be required pursuant | ||
to an agreement for a multi-state voter registration list | ||
maintenance system. If social security information is | ||
disclosed by the Secretary in accordance with this Section, no | ||
liability shall rest with the Office of the Secretary of State | ||
or any of its officers or employees, as the information is | ||
released for official purposes only.
| ||
(i) (Blank).
| ||
(j) Medical statements or medical reports received in the | ||
Secretary of
State's Office shall be confidential. Except as | ||
provided in this Section, no confidential information may be
| ||
open to public inspection or the contents disclosed to anyone, | ||
except
officers and employees of the Secretary who have a need | ||
to know the information
contained in the medical reports and | ||
the Driver License Medical Advisory
Board, unless so directed | ||
by an order of a court of competent jurisdiction. If the | ||
Secretary receives a medical report regarding a driver that | ||
does not address a medical condition contained in a previous | ||
medical report, the Secretary may disclose the unaddressed | ||
medical condition to the driver or his or her physician, or | ||
both, solely for the purpose of submission of a medical report | ||
that addresses the condition.
| ||
(k) Beginning July 1, 2023, disbursement Disbursement of | ||
fees collected under this Section shall be as follows: (1) of | ||
the $20 $12 fee for a driver's record, $11 $3 shall be paid | ||
into the Secretary of State Special Services Fund, and $6 |
shall be paid into the General Revenue Fund; (2) 50% of the | ||
amounts collected under subsection (b) shall be paid into the | ||
General Revenue Fund; and (3) all remaining fees shall be | ||
disbursed under subsection (g) of Section 2-119 of this Code.
| ||
(l) (Blank).
| ||
(m) Notations of accident involvement that may be | ||
disclosed under this
Section shall not include notations | ||
relating to damage to a vehicle or other
property being | ||
transported by a tow truck. This information shall remain
| ||
confidential, provided that nothing in this subsection (m) | ||
shall limit
disclosure of any notification of accident | ||
involvement to any law enforcement
agency or official.
| ||
(n) Requests made by the news media for driver's license, | ||
vehicle, or
title registration information may be furnished | ||
without charge or at a reduced
charge, as determined by the | ||
Secretary, when the specific purpose for
requesting the | ||
documents is deemed to be in the public interest. Waiver or
| ||
reduction of the fee is in the public interest if the principal | ||
purpose of the
request is to access and disseminate | ||
information regarding the health, safety,
and welfare or the | ||
legal rights of the general public and is not for the
principal | ||
purpose of gaining a personal or commercial benefit.
The | ||
information provided pursuant to this subsection shall not | ||
contain
personally identifying information unless the | ||
information is to be used for one
of the
purposes identified in | ||
subsection (f-5) of this Section.
|
(o) The redisclosure of personally identifying information
| ||
obtained
pursuant
to this Section is prohibited, except to the | ||
extent necessary to effectuate the
purpose
for which the | ||
original disclosure of the information was permitted.
| ||
(p) The Secretary of State is empowered to adopt rules
to
| ||
effectuate this Section.
| ||
(Source: P.A. 100-590, eff. 6-8-18; 101-81, eff. 7-12-19; | ||
101-326, eff. 8-9-19.)
| ||
(Text of Section after amendment by P.A. 102-982 )
| ||
Sec. 2-123. Sale and distribution of information.
| ||
(a) Except as otherwise provided in this Section, the | ||
Secretary may make the
driver's license, vehicle and title | ||
registration lists, in part or in whole,
and any statistical | ||
information derived from these lists available to local
| ||
governments, elected state officials, state educational | ||
institutions, and all
other governmental units of the State | ||
and Federal
Government
requesting them for governmental | ||
purposes. The Secretary shall require any such
applicant for | ||
services to pay for the costs of furnishing such services and | ||
the
use of the equipment involved, and in addition is | ||
empowered to establish prices
and charges for the services so | ||
furnished and for the use of the electronic
equipment | ||
utilized.
| ||
(b) The Secretary is further empowered to and he may, in | ||
his discretion,
furnish to any applicant, other than listed in |
subsection (a) of this Section,
vehicle or driver data on a | ||
computer tape, disk, other electronic format or
computer | ||
processable medium, or printout at a fixed fee of $500
$250 for | ||
orders received before October 1, 2003 and $500 for orders | ||
received
on or after October 1, 2003 , in advance, and require | ||
in addition a
further sufficient
deposit based upon the | ||
Secretary of State's estimate of the total cost of the
| ||
information requested and a charge of $50 $25 for orders | ||
received before October
1, 2003 and $50 for orders received on | ||
or after October 1, 2003 , per 1,000
units or part
thereof | ||
identified or the actual cost, whichever is greater. The | ||
Secretary is
authorized to refund any difference between the | ||
additional deposit and the
actual cost of the request. This | ||
service shall not be in lieu of an abstract
of a driver's | ||
record nor of a title or registration search. This service may
| ||
be limited to entities purchasing a minimum number of records | ||
as required by
administrative rule. The information
sold | ||
pursuant to this subsection shall be the entire vehicle or | ||
driver data
list, or part thereof. The information sold | ||
pursuant to this subsection
shall not contain personally | ||
identifying information unless the information is
to be used | ||
for one of the purposes identified in subsection (f-5) of this
| ||
Section. Commercial purchasers of driver and vehicle record | ||
databases shall
enter into a written agreement with the | ||
Secretary of State that includes
disclosure of the commercial | ||
use of the information to be purchased. |
(b-1) The Secretary is further empowered to and may, in | ||
his or her discretion, furnish vehicle or driver data on a | ||
computer tape, disk, or other electronic format or computer | ||
processible medium, at no fee, to any State or local | ||
governmental agency that uses the information provided by the | ||
Secretary to transmit data back to the Secretary that enables | ||
the Secretary to maintain accurate driving records, including | ||
dispositions of traffic cases. This information may be | ||
provided without fee not more often than once every 6 months.
| ||
(c) Secretary of State may issue registration lists. The | ||
Secretary
of State may compile a list of all registered
| ||
vehicles. Each list of registered vehicles shall be arranged | ||
serially
according to the registration numbers assigned to | ||
registered vehicles and
may contain in addition the names and | ||
addresses of registered owners and
a brief description of each | ||
vehicle including the serial or other
identifying number | ||
thereof. Such compilation may be in such form as in the
| ||
discretion of the Secretary of State may seem best for the | ||
purposes intended.
| ||
(d) The Secretary of State shall furnish no more than 2 | ||
current available
lists of such registrations to the sheriffs | ||
of all counties and to the chiefs
of police of all cities and | ||
villages and towns of 2,000 population and over
in this State | ||
at no cost. Additional copies may be purchased by the sheriffs
| ||
or chiefs of police at the fee
of $500 each or at the cost of | ||
producing the list as determined
by the Secretary of State. |
Such lists are to be used for governmental
purposes only.
| ||
(e) (Blank).
| ||
(e-1) (Blank).
| ||
(f) The Secretary of State shall make a title or | ||
registration search of the
records of his office and a written | ||
report on the same for any person, upon
written application of | ||
such person, accompanied by a fee of $5 for
each registration | ||
or title search. The written application shall set forth
the | ||
intended use of the requested information. No fee shall be | ||
charged for a
title or
registration search, or for the | ||
certification thereof requested by a government
agency. The | ||
report of the title or registration search shall not contain
| ||
personally identifying information unless the request for a | ||
search was made for
one of the purposes identified in | ||
subsection (f-5) of this Section. The report of the title or | ||
registration search shall not contain highly
restricted | ||
personal
information unless specifically authorized by this | ||
Code.
| ||
The Secretary of State shall certify a title or | ||
registration record upon
written request. The fee for | ||
certification shall be $5 in addition
to the fee required for a | ||
title or registration search. Certification shall
be made | ||
under the signature of the Secretary of State and shall be
| ||
authenticated by Seal of the Secretary of State.
| ||
The Secretary of State may notify the vehicle owner or | ||
registrant of
the request for purchase of his title or |
registration information as the
Secretary deems appropriate.
| ||
No information shall be released to the requester until | ||
expiration of a 10-day
period. This 10-day period shall not | ||
apply to requests for
information made by law enforcement | ||
officials, government agencies,
financial institutions, | ||
attorneys, insurers, employers, automobile
associated | ||
businesses, persons licensed as a private detective or firms
| ||
licensed as a private detective agency under the Private | ||
Detective, Private
Alarm, Private Security, Fingerprint | ||
Vendor, and Locksmith Act of 2004, who are employed by or are
| ||
acting on
behalf of law enforcement officials, government | ||
agencies, financial
institutions, attorneys, insurers, | ||
employers, automobile associated businesses,
and other | ||
business entities for purposes consistent with the Illinois | ||
Vehicle
Code, the vehicle owner or registrant or other | ||
entities as the Secretary may
exempt by rule and regulation.
| ||
Any misrepresentation made by a requester of title or | ||
vehicle information
shall be punishable as a petty offense, | ||
except in the case of persons
licensed as a private detective | ||
or firms licensed as a private detective agency
which shall be | ||
subject to disciplinary sanctions under Section 40-10 of the
| ||
Private Detective, Private Alarm, Private Security, | ||
Fingerprint Vendor, and Locksmith Act of 2004.
| ||
(f-5) The Secretary of State shall not disclose or | ||
otherwise make
available to
any person or entity any | ||
personally identifying information obtained by the
Secretary
|
of State in connection with a driver's license, vehicle, or | ||
title registration
record
unless the information is disclosed | ||
for one of the following purposes:
| ||
(1) For use by any government agency, including any | ||
court or law
enforcement agency, in carrying out its | ||
functions, or any private person or
entity acting on | ||
behalf of a federal, State, or local agency in carrying | ||
out
its
functions.
| ||
(2) For use in connection with matters of motor | ||
vehicle or driver safety
and theft; motor vehicle | ||
emissions; motor vehicle product alterations, recalls,
or | ||
advisories; performance monitoring of motor vehicles, | ||
motor vehicle parts,
and dealers; and removal of non-owner | ||
records from the original owner
records of motor vehicle | ||
manufacturers.
| ||
(3) For use in the normal course of business by a | ||
legitimate business or
its agents, employees, or | ||
contractors, but only:
| ||
(A) to verify the accuracy of personal information | ||
submitted by
an individual to the business or its | ||
agents, employees, or contractors;
and
| ||
(B) if such information as so submitted is not | ||
correct or is no
longer correct, to obtain the correct | ||
information, but only for the
purposes of preventing | ||
fraud by, pursuing legal remedies against, or
| ||
recovering on a debt or security interest against, the |
individual.
| ||
(4) For use in research activities and for use in | ||
producing statistical
reports, if the personally | ||
identifying information is not published,
redisclosed, or | ||
used to
contact individuals.
| ||
(5) For use in connection with any civil, criminal, | ||
administrative, or
arbitral proceeding in any federal, | ||
State, or local court or agency or before
any
| ||
self-regulatory body, including the service of process, | ||
investigation in
anticipation of litigation, and the | ||
execution or enforcement of judgments and
orders, or | ||
pursuant to an order of a federal, State, or local court.
| ||
(6) For use by any insurer or insurance support | ||
organization or by a
self-insured entity or its agents, | ||
employees, or contractors in connection with
claims | ||
investigation activities, antifraud activities, rating, or | ||
underwriting.
| ||
(7) For use in providing notice to the owners of towed | ||
or
impounded vehicles.
| ||
(8) For use by any person licensed as a private | ||
detective or firm licensed as a private
detective agency | ||
under
the Private Detective, Private Alarm, Private | ||
Security, Fingerprint Vendor, and Locksmith Act of
2004, | ||
private investigative agency or security service
licensed | ||
in Illinois for any purpose permitted under this | ||
subsection.
|
(9) For use by an employer or its agent or insurer to | ||
obtain or verify
information relating to a holder of a | ||
commercial driver's license that is
required under chapter | ||
313 of title 49 of the United States Code.
| ||
(10) For use in connection with the operation of | ||
private toll
transportation facilities.
| ||
(11) For use by any requester, if the requester | ||
demonstrates it has
obtained the written consent of the | ||
individual to whom the information
pertains.
| ||
(12) For use by members of the news media, as defined | ||
in
Section 1-148.5, for the purpose of newsgathering when | ||
the request relates to
the
operation of a motor vehicle or | ||
public safety.
| ||
(13) For any other use specifically authorized by law, | ||
if that use is
related to the operation of a motor vehicle | ||
or public safety. | ||
(f-6) The Secretary of State shall not disclose or | ||
otherwise make
available to any
person or entity any highly | ||
restricted personal information obtained by the
Secretary of
| ||
State in connection with a driver's license, vehicle, or
title | ||
registration
record unless
specifically authorized by this | ||
Code.
| ||
(g) 1. The Secretary of State may, upon receipt of a | ||
written request
and a fee as set forth in Section 6-118, | ||
furnish to the person or agency so requesting a
driver's | ||
record or data contained therein. Such document may include a |
record of: current driver's
license issuance information, | ||
except that the information on judicial driving
permits shall | ||
be available only as otherwise provided by this Code;
| ||
convictions; orders entered revoking, suspending or cancelling | ||
a
driver's
license or privilege; and notations of crash | ||
involvement. All other
information, unless otherwise permitted | ||
by
this Code, shall remain confidential. Information released | ||
pursuant to a
request for a driver's record shall not contain | ||
personally identifying
information, unless the request for the | ||
driver's record was made for one of the
purposes set forth in | ||
subsection (f-5) of this Section. The Secretary of State may, | ||
without fee, allow a parent or guardian of a person under the | ||
age of 18 years, who holds an instruction permit or graduated | ||
driver's license, to view that person's driving record online, | ||
through a computer connection.
The parent or guardian's online | ||
access to the driving record will terminate when the | ||
instruction permit or graduated driver's license holder | ||
reaches the age of 18.
| ||
2. The Secretary of State shall not disclose or otherwise | ||
make available
to any
person or
entity any highly restricted | ||
personal information obtained by the Secretary of
State in
| ||
connection with a driver's license, vehicle, or title
| ||
registration record
unless specifically
authorized by this | ||
Code. The Secretary of State may certify an abstract of a | ||
driver's record
upon written request therefor. Such | ||
certification
shall be made under the signature of the |
Secretary of State and shall be
authenticated by the Seal of | ||
his office.
| ||
3. All requests for driving record information shall be | ||
made in a manner
prescribed by the Secretary and shall set | ||
forth the intended use of the
requested information.
| ||
The Secretary of State may notify the affected driver of | ||
the request
for purchase of his driver's record as the | ||
Secretary deems appropriate.
| ||
No information shall be released to the requester until | ||
expiration of a 10-day
period. This 10-day period shall not | ||
apply to requests for information
made by law enforcement | ||
officials, government agencies, financial institutions,
| ||
attorneys, insurers, employers, automobile associated | ||
businesses, persons
licensed as a private detective or firms | ||
licensed as a private detective agency
under the Private | ||
Detective, Private Alarm, Private Security, Fingerprint | ||
Vendor, and Locksmith Act
of 2004,
who are employed by or are | ||
acting on behalf of law enforcement officials,
government | ||
agencies, financial institutions, attorneys, insurers, | ||
employers,
automobile associated businesses, and other | ||
business entities for purposes
consistent with the Illinois | ||
Vehicle Code, the affected driver or other
entities as the | ||
Secretary may exempt by rule and regulation.
| ||
Any misrepresentation made by a requester of driver | ||
information shall
be punishable as a petty offense, except in | ||
the case of persons licensed as
a private detective or firms |
licensed as a private detective agency which shall
be subject | ||
to disciplinary sanctions under Section 40-10 of the Private
| ||
Detective, Private Alarm, Private Security, Fingerprint | ||
Vendor, and Locksmith Act of 2004.
| ||
4. The Secretary of State may furnish without fee, upon | ||
the written
request of a law enforcement agency, any | ||
information from a driver's
record on file with the Secretary | ||
of State when such information is required
in the enforcement | ||
of this Code or any other law relating to the operation
of | ||
motor vehicles, including records of dispositions; documented
| ||
information involving the use of a motor vehicle; whether such | ||
individual
has, or previously had, a driver's license; and the | ||
address and personal
description as reflected on said driver's | ||
record.
| ||
5. Except as otherwise provided in this Section, the | ||
Secretary of
State may furnish, without fee, information from | ||
an individual driver's
record on file, if a written request | ||
therefor is submitted
by any public transit system or | ||
authority, public defender, law enforcement
agency, a state or | ||
federal agency, or an Illinois local intergovernmental
| ||
association, if the request is for the purpose of a background | ||
check of
applicants for employment with the requesting agency, | ||
or for the purpose of
an official investigation conducted by | ||
the agency, or to determine a
current address for the driver so | ||
public funds can be recovered or paid to
the driver, or for any | ||
other purpose set forth in subsection (f-5)
of this Section.
|
The Secretary may also furnish the courts a copy of an | ||
abstract of a
driver's record, without fee, subsequent to an | ||
arrest for a violation of
Section 11-501 or a similar | ||
provision of a local ordinance. Such abstract
may include | ||
records of dispositions; documented information involving
the | ||
use of a motor vehicle as contained in the current file; | ||
whether such
individual has, or previously had, a driver's | ||
license; and the address and
personal description as reflected | ||
on said driver's record.
| ||
6. Any certified abstract issued by the Secretary of State | ||
or
transmitted electronically by the Secretary of State | ||
pursuant to this
Section,
to a court or on request of a law | ||
enforcement agency, for the record of a
named person as to the | ||
status of the person's driver's license shall be
prima facie | ||
evidence of the facts therein stated and if the name appearing
| ||
in such abstract is the same as that of a person named in an | ||
information or
warrant, such abstract shall be prima facie | ||
evidence that the person named
in such information or warrant | ||
is the same person as the person named in
such abstract and | ||
shall be admissible for any prosecution under this Code and
be | ||
admitted as proof of any prior conviction or proof of records, | ||
notices, or
orders recorded on individual driving records | ||
maintained by the Secretary of
State.
| ||
7. Subject to any restrictions contained in the Juvenile | ||
Court Act of
1987, and upon receipt of a proper request and a | ||
fee as set forth in Section 6-118, the
Secretary of
State shall |
provide a driver's record or data contained therein to the | ||
affected driver, or the affected
driver's attorney, upon | ||
verification. Such record shall contain all the
information | ||
referred to in paragraph 1 of this subsection (g) plus: any
| ||
recorded crash involvement as a driver; information recorded | ||
pursuant to
subsection (e) of Section 6-117 and paragraph (4) | ||
of subsection (a) of
Section 6-204 of this Code. All other | ||
information, unless otherwise permitted
by this Code, shall | ||
remain confidential.
| ||
(h) The Secretary shall not disclose social security | ||
numbers or any associated information obtained from the Social | ||
Security Administration except pursuant
to a written request | ||
by, or with the prior written consent of, the
individual | ||
except: (1) to officers and employees of the Secretary
who
| ||
have a need to know the social security numbers in performance | ||
of their
official duties, (2) to law enforcement officials for | ||
a civil or
criminal law enforcement investigation, and if an | ||
officer of the law enforcement
agency has made a written | ||
request to the Secretary specifying the law
enforcement | ||
investigation for which the social security numbers are being
| ||
sought, though the Secretary retains the right to require | ||
additional verification regarding the validity of the request, | ||
(3) to the United States Department of Transportation, or any | ||
other
State, pursuant to the administration and enforcement of | ||
the Commercial
Motor Vehicle Safety Act of 1986 or | ||
participation in State-to-State verification service, (4) |
pursuant to the order of a court
of competent jurisdiction, | ||
(5) to the Department of Healthcare and Family Services | ||
(formerly Department of Public Aid) for
utilization
in the | ||
child support enforcement duties assigned to that Department | ||
under
provisions of the Illinois Public Aid Code after the | ||
individual has received advanced
meaningful notification of | ||
what redisclosure is sought by the Secretary in
accordance | ||
with the federal Privacy Act, (5.5) to the Department of | ||
Healthcare and Family Services and the Department of Human | ||
Services solely for the purpose of verifying Illinois | ||
residency where such residency is an eligibility requirement | ||
for benefits under the Illinois Public Aid Code or any other | ||
health benefit program administered by the Department of | ||
Healthcare and Family Services or the Department of Human | ||
Services, (6) to the Illinois Department of Revenue solely for | ||
use by the Department in the collection of any tax or debt that | ||
the Department of Revenue is authorized or required by law to | ||
collect, provided that the Department shall not disclose the | ||
social security number to any person or entity outside of the | ||
Department, (7) to the Illinois Department of Veterans' | ||
Affairs for the purpose of confirming veteran status, or (8) | ||
the last 4 digits to the Illinois State Board of Elections for | ||
purposes of voter registration and as may be required pursuant | ||
to an agreement for a multi-state voter registration list | ||
maintenance system. If social security information is | ||
disclosed by the Secretary in accordance with this Section, no |
liability shall rest with the Office of the Secretary of State | ||
or any of its officers or employees, as the information is | ||
released for official purposes only.
| ||
(i) (Blank).
| ||
(j) Medical statements or medical reports received in the | ||
Secretary of
State's Office shall be confidential. Except as | ||
provided in this Section, no confidential information may be
| ||
open to public inspection or the contents disclosed to anyone, | ||
except
officers and employees of the Secretary who have a need | ||
to know the information
contained in the medical reports and | ||
the Driver License Medical Advisory
Board, unless so directed | ||
by an order of a court of competent jurisdiction. If the | ||
Secretary receives a medical report regarding a driver that | ||
does not address a medical condition contained in a previous | ||
medical report, the Secretary may disclose the unaddressed | ||
medical condition to the driver or his or her physician, or | ||
both, solely for the purpose of submission of a medical report | ||
that addresses the condition.
| ||
(k) Beginning July 1, 2023, disbursement Disbursement of | ||
fees collected under this Section shall be as follows: (1) of | ||
the $20 $12 fee for a driver's record, $11 $3 shall be paid | ||
into the Secretary of State Special Services Fund, and $6 | ||
shall be paid into the General Revenue Fund; (2) 50% of the | ||
amounts collected under subsection (b) shall be paid into the | ||
General Revenue Fund; and (3) all remaining fees shall be | ||
disbursed under subsection (g) of Section 2-119 of this Code.
|
(l) (Blank).
| ||
(m) Notations of crash involvement that may be disclosed | ||
under this
Section shall not include notations relating to | ||
damage to a vehicle or other
property being transported by a | ||
tow truck. This information shall remain
confidential, | ||
provided that nothing in this subsection (m) shall limit
| ||
disclosure of any notification of crash involvement to any law | ||
enforcement
agency or official.
| ||
(n) Requests made by the news media for driver's license, | ||
vehicle, or
title registration information may be furnished | ||
without charge or at a reduced
charge, as determined by the | ||
Secretary, when the specific purpose for
requesting the | ||
documents is deemed to be in the public interest. Waiver or
| ||
reduction of the fee is in the public interest if the principal | ||
purpose of the
request is to access and disseminate | ||
information regarding the health, safety,
and welfare or the | ||
legal rights of the general public and is not for the
principal | ||
purpose of gaining a personal or commercial benefit.
The | ||
information provided pursuant to this subsection shall not | ||
contain
personally identifying information unless the | ||
information is to be used for one
of the
purposes identified in | ||
subsection (f-5) of this Section.
| ||
(o) The redisclosure of personally identifying information
| ||
obtained
pursuant
to this Section is prohibited, except to the | ||
extent necessary to effectuate the
purpose
for which the | ||
original disclosure of the information was permitted.
|
(p) The Secretary of State is empowered to adopt rules
to
| |||||||||||||||||||||||||||||
effectuate this Section.
| |||||||||||||||||||||||||||||
(Source: P.A. 101-81, eff. 7-12-19; 101-326, eff. 8-9-19; | |||||||||||||||||||||||||||||
102-982, eff. 7-1-23.)
| |||||||||||||||||||||||||||||
(625 ILCS 5/3-821) (from Ch. 95 1/2, par. 3-821)
| |||||||||||||||||||||||||||||
Sec. 3-821. Miscellaneous registration and title fees.
| |||||||||||||||||||||||||||||
(a) Except as provided under subsection (h), the fee to be | |||||||||||||||||||||||||||||
paid to the Secretary of State for the following
certificates, | |||||||||||||||||||||||||||||
registrations or evidences of proper registration, or for
| |||||||||||||||||||||||||||||
corrected or duplicate documents shall be in accordance with | |||||||||||||||||||||||||||||
the following
schedule:
| |||||||||||||||||||||||||||||
|
| |||||||||||||||||||||||||||||||||
A special corrected certificate of title shall be issued | |||||||||||||||||||||||||||||||||
(i) to remove a co-owner's name due to the death of the | |||||||||||||||||||||||||||||||||
co-owner, to transfer title to a spouse if the decedent-spouse | |||||||||||||||||||||||||||||||||
was the sole owner on the title, or due to a divorce; (ii) to | |||||||||||||||||||||||||||||||||
change a co-owner's name due to a marriage; or (iii) due to a | |||||||||||||||||||||||||||||||||
name change under Article XXI of the Code of Civil Procedure.
| |||||||||||||||||||||||||||||||||
There shall be no fee paid for a Junking Certificate.
| |||||||||||||||||||||||||||||||||
There shall be no fee paid for a certificate of title | |||||||||||||||||||||||||||||||||
issued to a county when the vehicle is forfeited to the county | |||||||||||||||||||||||||||||||||
under Article 36 of the Criminal Code of 2012. |
For purposes of this Section, the fee for a corrected | ||
title application that also results in the issuance of a | ||
duplicate title shall be the same as the fee for a duplicate | ||
title. | ||
(a-5) The Secretary of State may revoke a certificate of | ||
title and registration card and issue a corrected certificate | ||
of title and registration card, at no fee to the vehicle owner | ||
or lienholder, if there is proof that the vehicle | ||
identification number is erroneously shown on the original | ||
certificate of title.
| ||
(a-10) The Secretary of State may issue, in connection | ||
with the sale of a motor vehicle, a corrected title to a motor | ||
vehicle dealer upon application and submittal of a lien | ||
release letter from the lienholder listed in the files of the | ||
Secretary. In the case of a title issued by another state, the | ||
dealer must submit proof from the state that issued the last | ||
title. The corrected title, which shall be known as a dealer | ||
lien release certificate of title, shall be issued in the name | ||
of the vehicle owner without the named lienholder. If the | ||
motor vehicle is currently titled in a state other than | ||
Illinois, the applicant must submit either (i) a letter from | ||
the current lienholder releasing the lien and stating that the | ||
lienholder has possession of the title; or (ii) a letter from | ||
the current lienholder releasing the lien and a copy of the | ||
records of the department of motor vehicles for the state in | ||
which the vehicle is titled, showing that the vehicle is |
titled in the name of the applicant and that no liens are | ||
recorded other than the lien for which a release has been | ||
submitted. The fee for the dealer lien release certificate of | ||
title is $20. | ||
(b) The Secretary may prescribe the maximum service charge | ||
to be
imposed upon an applicant for renewal of a registration | ||
by any person
authorized by law to receive and remit or | ||
transmit to the Secretary such
renewal application and fees | ||
therewith.
| ||
(c) If payment is delivered to the Office of the Secretary | ||
of State
as payment of any fee or tax under this Code, and such | ||
payment is not
honored for any reason, the registrant
or other | ||
person tendering the payment remains liable for the payment of
| ||
such fee or tax. The Secretary of State may assess a service | ||
charge of $25
in addition to the fee or tax due and owing for | ||
all dishonored payments.
| ||
If the total amount then due and owing exceeds the sum of | ||
$100 and
has not been paid in full within 60 days from the date | ||
the dishonored payment was first delivered to the Secretary of | ||
State, the Secretary of State shall
assess a penalty of 25% of | ||
such amount remaining unpaid.
| ||
All amounts payable under this Section shall be computed | ||
to the
nearest dollar. Out of each fee collected for | ||
dishonored payments, $5 shall be deposited in the Secretary of | ||
State Special Services Fund.
| ||
(d) The minimum fee and tax to be paid by any applicant for
|
apportionment of a fleet of vehicles under this Code shall be | ||
$15
if the application was filed on or before the date | ||
specified by the
Secretary together with fees and taxes due. | ||
If an application and the
fees or taxes due are filed after the | ||
date specified by the Secretary,
the Secretary may prescribe | ||
the payment of interest at the rate of 1/2
of 1% per month or | ||
fraction thereof after such due date and a minimum of
$8.
| ||
(e) Trucks, truck tractors, truck tractors with loads, and | ||
motor buses,
any one of which having a combined total weight in | ||
excess of 12,000 lbs.
shall file an application for a Fleet | ||
Reciprocity Permit issued by the
Secretary of State. This | ||
permit shall be in the possession of any driver
operating a | ||
vehicle on Illinois highways. Any foreign licensed vehicle of | ||
the
second division operating at any time in Illinois without | ||
a Fleet Reciprocity
Permit or other proper Illinois | ||
registration, shall subject the operator to the
penalties | ||
provided in Section 3-834 of this Code. For the purposes of | ||
this
Code, "Fleet Reciprocity Permit" means any second | ||
division motor vehicle with a
foreign license and used only in | ||
interstate transportation of goods. The fee
for such permit | ||
shall be $15 per fleet which shall include all
vehicles of the | ||
fleet being registered.
| ||
(f) For purposes of this Section, "all-terrain vehicle or | ||
off-highway
motorcycle used for production agriculture" means | ||
any all-terrain vehicle or
off-highway motorcycle used in the | ||
raising
of or the propagation of livestock, crops for sale for |
human consumption,
crops for livestock consumption, and | ||
production seed stock grown for the
propagation of feed grains | ||
and the husbandry of animals or for the purpose
of providing a | ||
food product, including the husbandry of blood stock as a
main | ||
source of providing a food product.
"All-terrain vehicle or | ||
off-highway motorcycle used in production agriculture"
also | ||
means any all-terrain vehicle or off-highway motorcycle used | ||
in animal
husbandry, floriculture, aquaculture, horticulture, | ||
and viticulture.
| ||
(g) All of the proceeds of the additional fees imposed by | ||
Public Act 96-34 shall be deposited into the Capital Projects | ||
Fund. | ||
(h) The fee for a duplicate registration sticker or | ||
stickers shall be the amount required under subsection (a) or | ||
the vehicle's annual registration fee amount, whichever is | ||
less. | ||
(i) All of the proceeds of (1) the additional fees imposed | ||
by Public Act 101-32, and (2) the $5 additional fee imposed by | ||
this amendatory Act of the 102nd General Assembly for a | ||
certificate of title for a motor vehicle other than an | ||
all-terrain vehicle, off-highway motorcycle, or motor home, | ||
mini motor home, or van camper shall be deposited into the Road | ||
Fund. | ||
(j) Beginning July 1, 2023, the $10 additional fee imposed | ||
by this amendatory Act of the 103rd General Assembly for a | ||
Certificate of Title shall be deposited into the Secretary of |
State Special Services Fund. | ||
(Source: P.A. 101-32, eff. 6-28-19; 101-604, eff. 12-13-19; | ||
101-636, eff. 6-10-20; 102-353, eff. 1-1-22 .)
| ||
(625 ILCS 5/6-118)
| ||
Sec. 6-118. Fees. | ||
(a) The fees for licenses and permits under this
Article | ||
are as follows: | ||
Original driver's license .............................$30 | ||
Original or renewal driver's license | ||
issued to 18, 19 and 20 year olds .................. 5 | ||
All driver's licenses for persons | ||
age 69 through age 80 .............................. 5 | ||
All driver's licenses for persons | ||
age 81 through age 86 .............................. 2 | ||
All driver's licenses for persons | ||
age 87 or older .....................................0 | ||
Renewal driver's license (except for | ||
applicants ages 18, 19 and 20 or | ||
age 69 and older) ..................................30 | ||
Original instruction permit issued to | ||
persons (except those age 69 and older) | ||
who do not hold or have not previously | ||
held an Illinois instruction permit or | ||
driver's license .................................. 20 | ||
Instruction permit issued to any person |
holding an Illinois driver's license | ||
who wishes a change in classifications, | ||
other than at the time of renewal .................. 5 | ||
Any instruction permit issued to a person | ||
age 69 and older ................................... 5 | ||
Instruction permit issued to any person, | ||
under age 69, not currently holding a | ||
valid Illinois driver's license or | ||
instruction permit but who has | ||
previously been issued either document | ||
in Illinois ....................................... 10 | ||
Restricted driving permit .............................. 8 | ||
Monitoring device driving permit ...................... 8 | ||
Duplicate or corrected driver's license | ||
or permit .......................................... 5 | ||
Duplicate or corrected restricted | ||
driving permit ..................................... 5 | ||
Duplicate or corrected monitoring | ||
device driving permit .................................. 5 | ||
Duplicate driver's license or permit issued to | ||
an active-duty member of the | ||
United States Armed Forces, | ||
the member's spouse, or | ||
the dependent children living | ||
with the member ................................... 0 | ||
Original or renewal M or L endorsement ................. 5 |
SPECIAL FEES FOR COMMERCIAL DRIVER'S LICENSE | ||
The fees for commercial driver licenses and permits | ||
under Article V
shall be as follows: | ||
Commercial driver's license: | ||
$6 for the CDLIS/AAMVAnet/NMVTIS Trust Fund | ||
(Commercial Driver's License Information | ||
System/American Association of Motor Vehicle | ||
Administrators network/National Motor Vehicle | ||
Title Information Service Trust Fund); | ||
$20 for the Motor Carrier Safety Inspection Fund; | ||
$10 for the driver's license; | ||
and $24 for the CDL: ............................. $60 | ||
Renewal commercial driver's license: | ||
$6 for the CDLIS/AAMVAnet/NMVTIS Trust Fund; | ||
$20 for the Motor Carrier Safety Inspection Fund; | ||
$10 for the driver's license; and | ||
$24 for the CDL: ................................. $60 | ||
Commercial learner's permit | ||
issued to any person holding a valid | ||
Illinois driver's license for the | ||
purpose of changing to a | ||
CDL classification: $6 for the | ||
CDLIS/AAMVAnet/NMVTIS Trust Fund; | ||
$20 for the Motor Carrier | ||
Safety Inspection Fund; and | ||
$24 for the CDL classification ................... $50 |
Commercial learner's permit | ||
issued to any person holding a valid | ||
Illinois CDL for the purpose of | ||
making a change in a classification, | ||
endorsement or restriction ........................ $5 | ||
CDL duplicate or corrected license .................... $5 | ||
In order to ensure the proper implementation of the | ||
Uniform Commercial
Driver License Act, Article V of this | ||
Chapter, the Secretary of State is
empowered to prorate the | ||
$24 fee for the commercial driver's license
proportionate to | ||
the expiration date of the applicant's Illinois driver's
| ||
license. | ||
The fee for any duplicate license or permit shall be | ||
waived for any
person who presents the Secretary of State's | ||
office with a
police report showing that his license or permit | ||
was stolen. | ||
The fee for any duplicate license or permit shall be | ||
waived for any
person age 60 or older whose driver's license or | ||
permit has been lost or stolen. | ||
No additional fee shall be charged for a driver's license, | ||
or for a
commercial driver's license, when issued
to the | ||
holder of an instruction permit for the same classification or
| ||
type of license who becomes eligible for such
license. | ||
The fee for a restricted driving permit under this | ||
subsection (a) shall be imposed annually until the expiration | ||
of the permit. |
(a-5) The fee for a driver's record or data contained | ||
therein is $20 and shall be disbursed as set forth in | ||
subsection (k) of Section 2-123 of this Code $12 . | ||
(b) Any person whose license or privilege to operate a | ||
motor vehicle
in this State has been suspended or revoked | ||
under Section 3-707, any
provision of
Chapter 6, Chapter 11, | ||
or Section 7-205, 7-303, or 7-702 of the Family
Financial
| ||
Responsibility Law of this Code, shall in addition to any | ||
other
fees required by this Code, pay a reinstatement fee as | ||
follows: | ||
Suspension under Section 3-707 .....................
$100
| ||
Suspension under Section 11-1431 ....................$100 | ||
Summary suspension under Section 11-501.1 ...........$250
| ||
Suspension under Section 11-501.9 ...................$250 | ||
Summary revocation under Section 11-501.1 ............$500 | ||
Other suspension ......................................$70 | ||
Revocation ...........................................$500 | ||
However, any person whose license or privilege to operate | ||
a motor vehicle
in this State has been suspended or revoked for | ||
a second or subsequent time
for a violation of Section 11-501, | ||
11-501.1, or 11-501.9
of this Code or a similar provision of a | ||
local ordinance
or a similar out-of-state offense
or Section | ||
9-3 of the Criminal Code of 1961 or the Criminal Code of 2012
| ||
and each suspension or revocation was for a violation of | ||
Section 11-501,
11-501.1, or 11-501.9 of this Code or a | ||
similar provision of a local ordinance
or a similar |
out-of-state offense
or Section
9-3 of the Criminal Code of | ||
1961 or the Criminal Code of 2012
shall pay, in addition to any | ||
other
fees required by this Code, a
reinstatement
fee as | ||
follows: | ||
Summary suspension under Section 11-501.1 ............$500 | ||
Suspension under Section 11-501.9 ...................$500 | ||
Summary revocation under Section 11-501.1 ............$500 | ||
Revocation ...........................................$500 | ||
(c) All fees collected under the provisions of this | ||
Chapter 6 shall be disbursed under subsection (g) of Section | ||
2-119 of this Code,
except as follows: | ||
1. The following amounts shall be paid into the | ||
Drivers Education Fund: | ||
(A) $16 of the $20
fee for an original driver's | ||
instruction permit; | ||
(B) $5 of the $30 fee for an original driver's | ||
license; | ||
(C) $5 of the $30 fee for a 4 year renewal driver's | ||
license;
| ||
(D) $4 of the $8 fee for a restricted driving | ||
permit; and | ||
(E) $4 of the $8 fee for a monitoring device | ||
driving permit. | ||
2. $30 of the $250 fee for reinstatement of a
license
| ||
summarily suspended under Section 11-501.1 or suspended | ||
under Section 11-501.9 shall be deposited into the
Drunk |
and Drugged Driving Prevention Fund.
However, for a person | ||
whose license or privilege to operate a motor vehicle
in | ||
this State has been suspended or revoked for a second or | ||
subsequent time for
a violation of Section 11-501, | ||
11-501.1, or 11-501.9 of this Code or Section 9-3 of the
| ||
Criminal Code of 1961 or the Criminal Code of 2012,
$190 of | ||
the $500 fee for reinstatement of a license summarily
| ||
suspended under
Section 11-501.1 or suspended under | ||
Section 11-501.9,
and $190 of the $500 fee for | ||
reinstatement of a revoked license
shall be deposited into | ||
the Drunk and Drugged Driving Prevention Fund. $190 of the | ||
$500 fee for reinstatement of a license summarily revoked | ||
pursuant to Section 11-501.1 shall be deposited into the | ||
Drunk and Drugged Driving Prevention Fund. | ||
3. $6 of the original or renewal fee for a commercial | ||
driver's
license and $6 of the commercial learner's permit | ||
fee when the
permit is issued to any person holding a valid | ||
Illinois driver's license,
shall be paid into the | ||
CDLIS/AAMVAnet/NMVTIS Trust Fund. | ||
4. $30 of the $70 fee for reinstatement of a license | ||
suspended
under the
Family
Financial Responsibility Law | ||
shall be paid into the Family Responsibility
Fund. | ||
5. The $5 fee for each original or renewal M or L | ||
endorsement shall be
deposited into the Cycle Rider Safety | ||
Training Fund. | ||
6. $20 of any original or renewal fee for a commercial |
driver's
license or commercial learner's permit shall be | ||
paid into the Motor
Carrier Safety Inspection Fund. | ||
7. The following amounts shall be paid into the | ||
General Revenue Fund: | ||
(A) $190 of the $250 reinstatement fee for a | ||
summary suspension under
Section 11-501.1 or a | ||
suspension under Section 11-501.9; | ||
(B) $40 of the $70 reinstatement fee for any other | ||
suspension provided
in subsection (b) of this Section; | ||
and | ||
(C) $440 of the $500 reinstatement fee for a first | ||
offense revocation
and $310 of the $500 reinstatement | ||
fee for a second or subsequent revocation. | ||
8. Fees collected under paragraph (4) of subsection | ||
(d) and subsection (h) of Section 6-205 of this Code; | ||
subparagraph (C) of paragraph 3 of subsection (c) of | ||
Section 6-206 of this Code; and paragraph (4) of | ||
subsection (a) of Section 6-206.1 of this Code, shall be | ||
paid into the funds set forth in those Sections. | ||
(d) All of the proceeds of the additional fees imposed by | ||
this amendatory Act of the 96th General Assembly shall be | ||
deposited into the Capital Projects Fund. | ||
(e) The additional fees imposed by this amendatory Act of | ||
the 96th General Assembly shall become effective 90 days after | ||
becoming law. The additional fees imposed by this amendatory | ||
Act of the 103rd General Assembly shall become effective July |
1, 2023 and shall be paid into the Secretary of State Special | ||
Services Fund. | ||
(f) As used in this Section, "active-duty member of the | ||
United States Armed Forces" means a member of the Armed | ||
Services or Reserve Forces of the United States or a member of | ||
the Illinois National Guard who is called to active duty | ||
pursuant to an executive order of the President of the United | ||
States, an act of the Congress of the United States, or an | ||
order of the Governor. | ||
(Source: P.A. 100-590, eff. 6-8-18; 100-803, eff. 1-1-19; | ||
101-81, eff. 7-12-19.) | ||
ARTICLE 99. | ||
Section 99-5. The State Employees Group Insurance Act of | ||
1971 is amended by changing Section 6.11 and adding Sections | ||
6.11B and 6.11C as follows:
| ||
(5 ILCS 375/6.11)
| ||
(Text of Section before amendment by P.A. 102-768 ) | ||
Sec. 6.11. Required health benefits; Illinois Insurance | ||
Code
requirements. The program of health
benefits shall | ||
provide the post-mastectomy care benefits required to be | ||
covered
by a policy of accident and health insurance under | ||
Section 356t of the Illinois
Insurance Code. The program of | ||
health benefits shall provide the coverage
required under |
Sections 356g, 356g.5, 356g.5-1, 356m, 356q,
356u, 356w, 356x, | ||
356z.2, 356z.4, 356z.4a, 356z.6, 356z.8, 356z.9, 356z.10, | ||
356z.11, 356z.12, 356z.13, 356z.14, 356z.15, 356z.17, 356z.22, | ||
356z.25, 356z.26, 356z.29, 356z.30a, 356z.32, 356z.33, | ||
356z.36, 356z.40, 356z.41, 356z.45, 356z.46, 356z.47, 356z.51, | ||
356z.53, 356z.54, 356z.56, 356z.57, 356z.59, and 356z.60 of | ||
the
Illinois Insurance Code.
The program of health benefits | ||
must comply with Sections 155.22a, 155.37, 355b, 356z.19, | ||
370c, and 370c.1 and Article XXXIIB of the
Illinois Insurance | ||
Code. The program of health benefits shall provide the | ||
coverage required under Section 356m of the Illinois Insurance | ||
Code and, for the employees of the State Employee Group | ||
Insurance Program only, the coverage as also provided in | ||
Section 6.11B of this Act. The Department of Insurance shall | ||
enforce the requirements of this Section with respect to | ||
Sections 370c and 370c.1 of the Illinois Insurance Code; all | ||
other requirements of this Section shall be enforced by the | ||
Department of Central Management Services.
| ||
Rulemaking authority to implement Public Act 95-1045, if | ||
any, is conditioned on the rules being adopted in accordance | ||
with all provisions of the Illinois Administrative Procedure | ||
Act and all rules and procedures of the Joint Committee on | ||
Administrative Rules; any purported rule not so adopted, for | ||
whatever reason, is unauthorized. | ||
(Source: P.A. 101-13, eff. 6-12-19; 101-281, eff. 1-1-20; | ||
101-393, eff. 1-1-20; 101-452, eff. 1-1-20; 101-461, eff. |
1-1-20; 101-625, eff. 1-1-21; 102-30, eff. 1-1-22; 102-103, | ||
eff. 1-1-22; 102-203, eff. 1-1-22; 102-306, eff. 1-1-22; | ||
102-642, eff. 1-1-22; 102-665, eff. 10-8-21; 102-731, eff. | ||
1-1-23; 102-804, eff. 1-1-23; 102-813, eff. 5-13-22; 102-816, | ||
eff. 1-1-23; 102-860, eff. 1-1-23; 102-1093, eff. 1-1-23; | ||
revised 12-13-22.) | ||
(Text of Section after amendment by P.A. 102-768 ) | ||
Sec. 6.11. Required health benefits; Illinois Insurance | ||
Code
requirements. The program of health
benefits shall | ||
provide the post-mastectomy care benefits required to be | ||
covered
by a policy of accident and health insurance under | ||
Section 356t of the Illinois
Insurance Code. The program of | ||
health benefits shall provide the coverage
required under | ||
Sections 356g, 356g.5, 356g.5-1, 356m, 356q,
356u, 356w, 356x, | ||
356z.2, 356z.4, 356z.4a, 356z.6, 356z.8, 356z.9, 356z.10, | ||
356z.11, 356z.12, 356z.13, 356z.14, 356z.15, 356z.17, 356z.22, | ||
356z.25, 356z.26, 356z.29, 356z.30a, 356z.32, 356z.33, | ||
356z.36, 356z.40, 356z.41, 356z.45, 356z.46, 356z.47, 356z.51, | ||
356z.53, 356z.54, 356z.55, 356z.56, 356z.57, 356z.59, and | ||
356z.60 of the
Illinois Insurance Code.
The program of health | ||
benefits must comply with Sections 155.22a, 155.37, 355b, | ||
356z.19, 370c, and 370c.1 and Article XXXIIB of the
Illinois | ||
Insurance Code. The program of health benefits shall provide | ||
the coverage required under Section 356m of the Illinois | ||
Insurance Code and, for the employees of the State Employee |
Group Insurance Program only, the coverage as also provided in | ||
Section 6.11B of this Act. The Department of Insurance shall | ||
enforce the requirements of this Section with respect to | ||
Sections 370c and 370c.1 of the Illinois Insurance Code; all | ||
other requirements of this Section shall be enforced by the | ||
Department of Central Management Services.
| ||
Rulemaking authority to implement Public Act 95-1045, if | ||
any, is conditioned on the rules being adopted in accordance | ||
with all provisions of the Illinois Administrative Procedure | ||
Act and all rules and procedures of the Joint Committee on | ||
Administrative Rules; any purported rule not so adopted, for | ||
whatever reason, is unauthorized. | ||
(Source: P.A. 101-13, eff. 6-12-19; 101-281, eff. 1-1-20; | ||
101-393, eff. 1-1-20; 101-452, eff. 1-1-20; 101-461, eff. | ||
1-1-20; 101-625, eff. 1-1-21; 102-30, eff. 1-1-22; 102-103, | ||
eff. 1-1-22; 102-203, eff. 1-1-22; 102-306, eff. 1-1-22; | ||
102-642, eff. 1-1-22; 102-665, eff. 10-8-21; 102-731, eff. | ||
1-1-23; 102-768, eff. 1-1-24; 102-804, eff. 1-1-23; 102-813, | ||
eff. 5-13-22; 102-816, eff. 1-1-23; 102-860, eff. 1-1-23; | ||
102-1093, eff. 1-1-23; 102-1117, eff. 1-13-23.) | ||
(5 ILCS 375/6.11B new) | ||
Sec. 6.11B. Infertility coverage. | ||
(a) Beginning on January 1, 2024, the State Employees | ||
Group Insurance Program shall provide coverage for the | ||
diagnosis and treatment of infertility, including, but not |
limited to, in vitro fertilization, uterine embryo lavage, | ||
embryo transfer, artificial insemination, gamete | ||
intrafallopian tube transfer, zygote intrafallopian tube | ||
transfer, and low tubal ovum transfer. The coverage required | ||
shall include procedures necessary to screen or diagnose a | ||
fertilized egg before implantation, including, but not limited | ||
to, preimplantation genetic diagnosis, preimplantation genetic | ||
screening, and prenatal genetic diagnosis. | ||
(b) Beginning on January 1, 2024, coverage under this | ||
Section for procedures for in vitro fertilization, gamete | ||
intrafallopian tube transfer, or zygote intrafallopian tube | ||
transfer shall be required only if the procedures: | ||
(1) are considered medically appropriate based on | ||
clinical guidelines or standards developed by the American | ||
Society for Reproductive Medicine, the American College of | ||
Obstetricians and Gynecologists, or the Society for | ||
Assisted Reproductive Technology; and | ||
(2) are performed at medical facilities or clinics | ||
that conform to the American College of Obstetricians and | ||
Gynecologists guidelines for in vitro fertilization or the | ||
American Society for Reproductive Medicine minimum | ||
standards for practices offering assisted reproductive | ||
technologies. | ||
(c) As used in this Section, "infertility" means a | ||
disease, condition, or status characterized by: | ||
(1) a failure to establish a pregnancy or to carry a |
pregnancy to live birth after 12 months of regular, | ||
unprotected sexual intercourse if the woman is 35 years of | ||
age or younger, or after 6 months of regular, unprotected | ||
sexual intercourse if the woman is over 35 years of age; | ||
conceiving but having a miscarriage does not restart the | ||
12-month or 6-month term for determining infertility; | ||
(2) a person's inability to reproduce either as a | ||
single individual or with a partner without medical | ||
intervention; or | ||
(3) a licensed physician's findings based on a | ||
patient's medical, sexual, and reproductive history, age, | ||
physical findings, or diagnostic testing. | ||
(d) The State Employees Group Insurance Program may not | ||
impose any exclusions, limitations, or other restrictions on | ||
coverage of fertility medications that are different from | ||
those imposed on any other prescription medications, nor may | ||
it impose any exclusions, limitations, or other restrictions | ||
on coverage of any fertility services based on a covered | ||
individual's participation in fertility services provided by | ||
or to a third party, nor may it impose deductibles, | ||
copayments, coinsurance, benefit maximums, waiting periods, or | ||
any other limitations on coverage for the diagnosis of | ||
infertility, treatment for infertility, and standard fertility | ||
preservation services, except as provided in this Section, | ||
that are different from those imposed upon benefits for | ||
services not related to infertility. |
(5 ILCS 375/6.11C new) | ||
Sec. 6.11C. Coverage for injectable medicines to improve | ||
glucose or weight loss. Beginning on January 1, 2024, the | ||
State Employees Group Insurance Program shall provide coverage | ||
for all types of injectable medicines prescribed on-label or | ||
off-label to improve glucose or weight loss for use by adults | ||
diagnosed or previously diagnosed with prediabetes, | ||
gestational diabetes, or obesity. To continue to qualify for | ||
coverage under this Section, covered members must participate | ||
in a lifestyle management plan administered by their health | ||
plan. This Section does not apply to individuals covered by a | ||
Medicare Advantage Prescription Drug Plan. | ||
ARTICLE 100. | ||
Section 100-5. The Counties Code is amended by changing | ||
Section 3-4014 as follows: | ||
(55 ILCS 5/3-4014) | ||
Sec. 3-4014. Public Defender Fund defender grant program . | ||
(a) (Blank). Subject to appropriation, the Administrative | ||
Office of the Illinois Courts shall establish a grant
program | ||
for counties with a population of 3,000,000 or less for the | ||
purpose of training and hiring attorneys on contract to assist | ||
the
county public defender in pretrial detention hearings. The |
Administrative Office of the Illinois
Courts may establish, by | ||
rule, administrative procedures for the grant program, | ||
including application procedures and requirements concerning | ||
grant agreements, certifications, payment methodologies, and | ||
other
accountability measures that may be imposed upon | ||
participants in the program. Emergency rules may be adopted to | ||
implement the program in accordance with Section 5-45 of the | ||
Illinois Administrative Procedure Act. | ||
(b) The Public Defender Fund is created as a special fund | ||
in the State treasury. All money in the Public Defender Fund | ||
shall be used, subject to appropriation, by the Illinois | ||
Supreme Court to provide funding to counties with a population | ||
of 3,000,000 or less for public defenders and public defender | ||
services pursuant to this Section 3-4014.
| ||
(Source: P.A. 102-1104, eff. 12-6-22.) | ||
ARTICLE 105. | ||
Section 105-5. The School Code is amended by changing | ||
Section 2-3.192 as follows: | ||
(105 ILCS 5/2-3.192) | ||
(Section scheduled to be repealed on July 1, 2023) | ||
Sec. 2-3.192. Significant loss grant program. Subject to | ||
specific State appropriation, the State Board shall make | ||
Significant Loss Grants available to school districts that |
meet all of the following requirements: | ||
(1) The district has been affected by a recent | ||
substantial loss of contributions from a single taxpayer | ||
that resulted in either a significant loss of the overall | ||
district Equalized Assessed Value or a significant loss in | ||
property tax revenue from January 1, 2018 through the | ||
effective date of this amendatory Act of the 103rd 102nd | ||
General Assembly. | ||
(2) The district's total equalized assessed value is | ||
significantly derived from a single taxpayer. | ||
(3) The district's administrative office is located in | ||
a county with less than 30,000 inhabitants. | ||
(4) The district has a total student enrollment of | ||
less than 500 students as published on the most recent | ||
Illinois School Report Card. | ||
(5) The district has a low income concentration of at | ||
least 45% as published on the most recent Illinois School | ||
Report Card. | ||
The Professional Review Panel shall make recommendations | ||
to the State Board regarding grant eligibility and | ||
allocations. The State Board shall determine grant eligibility | ||
and allocations.
This Section is repealed on July 1, 2024 | ||
2023 .
| ||
(Source: P.A. 102-699, eff. 4-19-22.) | ||
ARTICLE 110. |
Section 110-5. 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. | ||
(3) Notwithstanding the provisions of this subsection | ||
(a-5), for the first 10 years that the privilege tax is imposed | ||
under this subsection (a-5) or until the year preceding the | ||
calendar year in which paragraph (4) becomes operative, | ||
whichever occurs first , 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, except no minimum employment shall be required | ||
during 2020 and 2021 or during periods that the riverboat | ||
or casino is closed on orders of State officials for | ||
public health emergencies or other emergencies not caused | ||
by the riverboat or casino; | ||
(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 | ||
or in which the owners licensee sponsors a 401(k) | ||
retirement plan and makes a matching employer contribution | ||
equal to at least one-quarter of the first 12% or one-half | ||
of the first 6% of each participating employee's | ||
contribution, not to exceed any limitations under federal |
laws and regulations. | ||
(4) Notwithstanding the provisions of this subsection | ||
(a-5), for 10 calendar years beginning in the year that | ||
gambling operations commence either in a temporary or | ||
permanent facility at an organization gaming facility located | ||
in the City of Collinsville if the facility commences | ||
operations within 3 years of the effective date of the changes | ||
made to this Section by this amendatory Act of the 103rd | ||
General Assembly, the privilege tax imposed under this | ||
subsection (a-5) on a riverboat or casino conducting gambling | ||
operations in the City of East St. Louis shall be reduced, if | ||
applicable, by an amount equal to the difference in adjusted | ||
gross receipts for the 2022 calendar year less the current | ||
year's adjusted gross receipts, unless: | ||
(A) the riverboat or casino fails to employ at least | ||
350 people, except that no minimum employment shall be | ||
required during periods that the riverboat or casino is | ||
closed on orders of State officials for public health | ||
emergencies or other emergencies not caused by the | ||
riverboat or casino; | ||
(B) 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 | ||
(C) the riverboat or casino fails to submit audited | ||
financial statements to the Board prepared by an |
accounting firm that has been preapproved by the Board and | ||
such statements were prepared in accordance with the | ||
provisions of the Financial Accounting Standards Board | ||
Accounting Standards Codification under nongovernmental | ||
accounting principles generally accepted in the United | ||
States. | ||
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, 2024, 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, 2024. 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 August 23, 2005 (the effective | ||
date of Public Act 94-673) 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 Illinois 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.
| ||
(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), at the direction of the Board, | ||
the Comptroller shall direct and the Treasurer shall transfer | ||
$22,500,000, along with any deficiencies in such amounts from | ||
prior months in the same fiscal year, from the State Gaming | ||
Fund to the Education Assistance Fund; then, at the direction | ||
of the Board, the Comptroller shall direct and the Treasurer | ||
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; 102-16, eff. 6-17-21; 102-538, eff. | ||
8-20-21; 102-689, eff. 12-17-21; 102-699, eff. 4-19-22.)
| ||
Article 115. |
Section 115-5. The Cannabis Regulation and Tax Act is | ||
amended by changing Sections 15-25, 15-35, and 15-35.10 as | ||
follows: | ||
(410 ILCS 705/15-25)
| ||
Sec. 15-25. Awarding of Conditional Adult Use Dispensing | ||
Organization Licenses prior to January 1, 2021. | ||
(a) The Department shall issue up to 75 Conditional Adult | ||
Use Dispensing Organization Licenses before May 1, 2020. | ||
(b) The Department shall make the application for a | ||
Conditional Adult Use Dispensing Organization License | ||
available no later than October 1, 2019 and shall accept | ||
applications no later than January 1, 2020. | ||
(c) To ensure the geographic dispersion of Conditional | ||
Adult Use Dispensing Organization License holders, the | ||
following number of licenses shall be awarded in each BLS | ||
Region as determined by each region's percentage of the | ||
State's population: | ||
(1) Bloomington: 1 | ||
(2) Cape Girardeau: 1 | ||
(3) Carbondale-Marion: 1 | ||
(4) Champaign-Urbana: 1 | ||
(5) Chicago-Naperville-Elgin: 47 | ||
(6) Danville: 1 | ||
(7) Davenport-Moline-Rock Island: 1 |
(8) Decatur: 1 | ||
(9) Kankakee: 1 | ||
(10) Peoria: 3 | ||
(11) Rockford: 2 | ||
(12) St. Louis: 4 | ||
(13) Springfield: 1 | ||
(14) Northwest Illinois nonmetropolitan: 3 | ||
(15) West Central Illinois nonmetropolitan: 3 | ||
(16) East Central Illinois nonmetropolitan: 2 | ||
(17) South Illinois nonmetropolitan: 2 | ||
(d) An applicant seeking issuance of a Conditional Adult | ||
Use Dispensing Organization License shall submit an | ||
application on forms provided by the Department. An applicant | ||
must meet the following requirements: | ||
(1) Payment of a nonrefundable application fee of | ||
$5,000 for each license for which the applicant is | ||
applying, which shall be deposited into the Cannabis | ||
Regulation Fund; | ||
(2) Certification that the applicant will comply with | ||
the requirements contained in this Act; | ||
(3) The legal name of the proposed dispensing | ||
organization; | ||
(4) A statement that the dispensing organization | ||
agrees to respond to the Department's supplemental | ||
requests for information; | ||
(5) From each principal officer, a statement |
indicating whether that person: | ||
(A) has previously held or currently holds an | ||
ownership interest in a cannabis business | ||
establishment in Illinois; or | ||
(B) has held an ownership interest in a dispensing | ||
organization or its equivalent in another state or | ||
territory of the United States that had the dispensing | ||
organization registration or license suspended, | ||
revoked, placed on probationary status, or subjected | ||
to other disciplinary action; | ||
(6) Disclosure of whether any principal officer has | ||
ever filed for bankruptcy or defaulted on spousal support | ||
or child support obligation; | ||
(7) A resume for each principal officer, including | ||
whether that person has an academic degree, certification, | ||
or relevant experience with a cannabis business | ||
establishment or in a related industry; | ||
(8) A description of the training and education that | ||
will be provided to dispensing organization agents; | ||
(9) A copy of the proposed operating bylaws; | ||
(10) A copy of the proposed business plan that | ||
complies with the requirements in this Act, including, at | ||
a minimum, the following: | ||
(A) A description of services to be offered; and | ||
(B) A description of the process of dispensing | ||
cannabis; |
(11) A copy of the proposed security plan that | ||
complies with the requirements in this Article, including: | ||
(A) The process or controls that will be | ||
implemented to monitor the dispensary, secure the | ||
premises, agents, and currency, and prevent the | ||
diversion, theft, or loss of cannabis; and | ||
(B) The process to ensure that access to the | ||
restricted access areas is restricted to, registered | ||
agents, service professionals, transporting | ||
organization agents, Department inspectors, and | ||
security personnel; | ||
(12) A proposed inventory control plan that complies | ||
with this Section; | ||
(13) A proposed floor plan, a square footage estimate, | ||
and a description of proposed security devices, including, | ||
without limitation, cameras, motion detectors, servers, | ||
video storage capabilities, and alarm service providers; | ||
(14) The name, address, social security number, and | ||
date of birth of each principal officer and board member | ||
of the dispensing organization; each of those individuals | ||
shall be at least 21 years of age; | ||
(15) Evidence of the applicant's status as a Social | ||
Equity Applicant, if applicable, and whether a Social | ||
Equity Applicant plans to apply for a loan or grant issued | ||
by the Department of Commerce and Economic Opportunity; | ||
(16) The address, telephone number, and email address |
of the applicant's principal place of business, if | ||
applicable. A post office box is not permitted; | ||
(17) Written summaries of any information regarding | ||
instances in which a business or not-for-profit that a | ||
prospective board member previously managed or served on | ||
were fined or censured, or any instances in which a | ||
business or not-for-profit that a prospective board member | ||
previously managed or served on had its registration | ||
suspended or revoked in any administrative or judicial | ||
proceeding; | ||
(18) A plan for community engagement; | ||
(19) Procedures to ensure accurate recordkeeping and | ||
security measures that are in accordance with this Article | ||
and Department rules; | ||
(20) The estimated volume of cannabis it plans to | ||
store at the dispensary; | ||
(21) A description of the features that will provide | ||
accessibility to purchasers as required by the Americans | ||
with Disabilities Act; | ||
(22) A detailed description of air treatment systems | ||
that will be installed to reduce odors; | ||
(23) A reasonable assurance that the issuance of a | ||
license will not have a detrimental impact on the | ||
community in which the applicant wishes to locate; | ||
(24) The dated signature of each principal officer; | ||
(25) A description of the enclosed, locked facility |
where cannabis will be stored by the dispensing | ||
organization; | ||
(26) Signed statements from each dispensing | ||
organization agent stating that he or she will not divert | ||
cannabis; | ||
(27) The number of licenses it is applying for in each | ||
BLS Region; | ||
(28) A diversity plan that includes a narrative of at | ||
least 2,500 words that establishes a goal of diversity in | ||
ownership, management, employment, and contracting to | ||
ensure that diverse participants and groups are afforded | ||
equality of opportunity; | ||
(29) A contract with a private security contractor | ||
agency that is licensed under Section 10-5 of the Private | ||
Detective, Private Alarm, Private Security, Fingerprint | ||
Vendor, and Locksmith Act of 2004 in order for the | ||
dispensary to have adequate security at its facility; and | ||
(30) Other information deemed necessary by the | ||
Illinois Cannabis Regulation Oversight Officer to conduct | ||
the disparity and availability study referenced in | ||
subsection (e) of Section 5-45. | ||
(e) An applicant who receives a Conditional Adult Use | ||
Dispensing Organization License under this Section has 180 | ||
days from the date of award to identify a physical location for | ||
the dispensing organization retail storefront. The applicant | ||
shall provide evidence that the location is not within 1,500 |
feet of an existing dispensing organization, unless the | ||
applicant is a Social Equity Applicant or Social Equity | ||
Justice Involved Applicant located or seeking to locate within | ||
1,500 feet of a dispensing organization licensed under Section | ||
15-15 or Section 15-20. If an applicant is unable to find a | ||
suitable physical address in the opinion of the Department | ||
within 180 days of the issuance of the Conditional Adult Use | ||
Dispensing Organization License, the Department may extend the | ||
period for finding a physical address an additional 540 | ||
another 180 days if the Conditional Adult Use Dispensing | ||
Organization License holder demonstrates concrete attempts to | ||
secure a location and a hardship. If the Department denies the | ||
extension or the Conditional Adult Use Dispensing Organization | ||
License holder is unable to find a location or become | ||
operational within 720 360 days of being awarded a conditional | ||
license, the Department shall rescind the conditional license | ||
and award it to the next highest scoring applicant in the BLS | ||
Region for which the license was assigned, provided the | ||
applicant receiving the license: (i) confirms a continued | ||
interest in operating a dispensing organization; (ii) can | ||
provide evidence that the applicant continues to meet all | ||
requirements for holding a Conditional Adult Use Dispensing | ||
Organization License set forth in this Act; and (iii) has not | ||
otherwise become ineligible to be awarded a dispensing | ||
organization license. If the new awardee is unable to accept | ||
the Conditional Adult Use Dispensing Organization License, the |
Department shall award the Conditional Adult Use Dispensing | ||
Organization License to the next highest scoring applicant in | ||
the same manner. The new awardee shall be subject to the same | ||
required deadlines as provided in this subsection. | ||
(e-5) If, within 720 180 days of being awarded a | ||
Conditional Adult Use Dispensing Organization License, a | ||
dispensing organization is unable to find a location within | ||
the BLS Region in which it was awarded a Conditional Adult Use | ||
Dispensing Organization License because no jurisdiction within | ||
the BLS Region allows for the operation of an Adult Use | ||
Dispensing Organization, the Department of Financial and | ||
Professional Regulation may authorize the Conditional Adult | ||
Use Dispensing Organization License holder to transfer its | ||
license to a BLS Region specified by the Department. | ||
(f) A dispensing organization that is awarded a | ||
Conditional Adult Use Dispensing Organization License pursuant | ||
to the criteria in Section 15-30 shall not purchase, possess, | ||
sell, or dispense cannabis or cannabis-infused products until | ||
the person has received an Adult Use Dispensing Organization | ||
License issued by the Department pursuant to Section 15-36 of | ||
this Act. | ||
(g) The Department shall conduct a background check of the | ||
prospective organization agents in order to carry out this | ||
Article. The Illinois State Police shall charge the applicant | ||
a fee for conducting the criminal history record check, which | ||
shall be deposited into the State Police Services Fund and |
shall not exceed the actual cost of the record check. Each | ||
person applying as a dispensing organization agent shall | ||
submit a full set of fingerprints to the Illinois State Police | ||
for the purpose of obtaining a State and federal criminal | ||
records check. These fingerprints shall be checked against the | ||
fingerprint records now and hereafter, to the extent allowed | ||
by law, filed in the Illinois State Police and Federal Bureau | ||
of Identification criminal history records databases. The | ||
Illinois State Police shall furnish, following positive | ||
identification, all Illinois conviction information to the | ||
Department.
| ||
(Source: P.A. 101-27, eff. 6-25-19; 101-593, eff. 12-4-19; | ||
102-98, eff. 7-15-21; 102-538, eff. 8-20-21; 102-813, eff. | ||
5-13-22.) | ||
(410 ILCS 705/15-35)
| ||
Sec. 15-35. Qualifying Applicant Lottery for Conditional | ||
Adult Use Dispensing Organization Licenses. | ||
(a) In addition to any of the licenses issued under | ||
Section 15-15, Section 15-20, Section 15-25, Section 15-30.20, | ||
or Section 15-35.10 of this Act, within 10 business days after | ||
the resulting final scores for all scored applications | ||
pursuant to Sections 15-25 and 15-30 are released, the | ||
Department shall issue up to 55 Conditional Adult Use | ||
Dispensing Organization Licenses by lot, pursuant to the | ||
application process adopted under this Section. In order to be |
eligible to be awarded a Conditional Adult Use Dispensing | ||
Organization License by lot under this Section, a Dispensary | ||
Applicant must be a Qualifying Applicant. | ||
The licenses issued under this Section shall be awarded in | ||
each BLS Region in the following amounts: | ||
(1) Bloomington: 1. | ||
(2) Cape Girardeau: 1. | ||
(3) Carbondale-Marion: 1. | ||
(4) Champaign-Urbana: 1. | ||
(5) Chicago-Naperville-Elgin: 36. | ||
(6) Danville: 1. | ||
(7) Davenport-Moline-Rock Island: 1. | ||
(8) Decatur: 1. | ||
(9) Kankakee: 1. | ||
(10) Peoria: 2. | ||
(11) Rockford: 1. | ||
(12) St. Louis: 3. | ||
(13) Springfield: 1. | ||
(14) Northwest Illinois nonmetropolitan: 1. | ||
(15) West Central Illinois nonmetropolitan: 1. | ||
(16) East Central Illinois nonmetropolitan: 1. | ||
(17) South Illinois nonmetropolitan: 1. | ||
(a-5) Prior to issuing licenses under subsection (a), the | ||
Department may adopt rules through emergency rulemaking in | ||
accordance with subsection (kk) of Section 5-45 of the | ||
Illinois Administrative Procedure Act. The General Assembly |
finds that the adoption of rules to regulate cannabis use is | ||
deemed an emergency and necessary for the public interest, | ||
safety, and welfare. | ||
(b) The Department shall distribute the available licenses | ||
established under this Section subject to the following: | ||
(1) The drawing by lot for all available licenses | ||
issued under this Section shall occur on the same day when | ||
practicable. | ||
(2) Within each BLS Region, the first Qualifying | ||
Applicant drawn will have the first right to an available | ||
license. The second Qualifying Applicant drawn will have | ||
the second right to an available license. The same pattern | ||
will continue for each subsequent Qualifying Applicant | ||
drawn. | ||
(3) The process for distributing available licenses | ||
under this Section shall be recorded by the Department in | ||
a format selected by the Department. | ||
(4) A Dispensary Applicant is prohibited from becoming | ||
a Qualifying Applicant if a principal officer resigns | ||
after the resulting final scores for all scored | ||
applications pursuant to Sections 15-25 and 15-30 are | ||
released. | ||
(5) No Qualifying Applicant may be awarded more than 2 | ||
Conditional Adult Use Dispensing Organization Licenses at | ||
the conclusion of a lottery conducted under this Section. | ||
(6) No individual may be listed as a principal officer |
of more than 2 Conditional Adult Use Dispensing | ||
Organization Licenses awarded under this Section. | ||
(7) If, upon being selected for an available license | ||
established under this Section, a Qualifying Applicant | ||
exceeds the limits under paragraph (5) or (6), the | ||
Qualifying Applicant must choose which license to abandon | ||
and notify the Department in writing within 5 business | ||
days. If the Qualifying Applicant does not notify the | ||
Department as required, the Department shall refuse to | ||
issue the Qualifying Applicant all available licenses | ||
established under this Section obtained by lot in all BLS | ||
Regions. | ||
(8) If, upon being selected for an available license | ||
established under this Section, a Qualifying Applicant has | ||
a principal officer who is a principal officer in more | ||
than 10 Early Approval Adult Use Dispensing Organization | ||
Licenses, Conditional Adult Use Dispensing Organization | ||
Licenses, Adult Use Dispensing Organization Licenses, or | ||
any combination thereof, the licensees and the Qualifying | ||
Applicant listing that principal officer must choose which | ||
license to abandon pursuant to subsection (d) of Section | ||
15-36 and notify the Department in writing within 5 | ||
business days. If the Qualifying Applicant or licensees do | ||
not notify the Department as required, the Department | ||
shall refuse to issue the Qualifying Applicant all | ||
available licenses established under this Section obtained |
by lot in all BLS Regions. | ||
(9) All available licenses that have been abandoned | ||
under paragraph (7) or (8) shall be distributed to the | ||
next Qualifying Applicant drawn by lot. | ||
Any and all rights conferred or obtained under this | ||
Section shall be limited to the provisions of this Section. | ||
(c) An applicant who receives a Conditional Adult Use | ||
Dispensing Organization License under this Section has 180 | ||
days from the date it is awarded to identify a physical | ||
location for the dispensing organization's retail storefront. | ||
The applicant shall provide evidence that the location is not | ||
within 1,500 feet of an existing dispensing organization, | ||
unless the applicant is a Social Equity Applicant or Social | ||
Equity Justice Involved Applicant located or seeking to locate | ||
within 1,500 feet of a dispensing organization licensed under | ||
Section 15-15 or Section 15-20. If an applicant is unable to | ||
find a suitable physical address in the opinion of the | ||
Department within 180 days from the issuance of the | ||
Conditional Adult Use Dispensing Organization License, the | ||
Department may extend the period for finding a physical | ||
address an additional 540 another 180 days if the Conditional | ||
Adult Use Dispensing Organization License holder demonstrates | ||
a concrete attempt to secure a location and a hardship. If the | ||
Department denies the extension or the Conditional Adult Use | ||
Dispensing Organization License holder is unable to find a | ||
location or become operational within 720 360 days of being |
awarded a Conditional Adult Use Dispensing Organization | ||
License under this Section, the Department shall rescind the | ||
Conditional Adult Use Dispensing Organization License and | ||
award it pursuant to subsection (b), provided the applicant | ||
receiving the Conditional Adult Use Dispensing Organization | ||
License: (i) confirms a continued interest in operating a | ||
dispensing organization; (ii) can provide evidence that the | ||
applicant continues to meet all requirements for holding a | ||
Conditional Adult Use Dispensing Organization License set | ||
forth in this Act; and (iii) has not otherwise become | ||
ineligible to be awarded a Conditional Adult Use Dispensing | ||
Organization License. If the new awardee is unable to accept | ||
the Conditional Adult Use Dispensing Organization License, the | ||
Department shall award the Conditional Adult Use Dispensing | ||
Organization License pursuant to subsection (b). The new | ||
awardee shall be subject to the same required deadlines as | ||
provided in this subsection. | ||
(d) If, within 720 180 days of being awarded a Conditional | ||
Adult Use Dispensing Organization License, a dispensing | ||
organization is unable to find a location within the BLS | ||
Region in which it was awarded a Conditional Adult Use | ||
Dispensing Organization License because no jurisdiction within | ||
the BLS Region allows for the operation of an Adult Use | ||
Dispensing Organization, the Department may authorize the | ||
Conditional Adult Use Dispensing Organization License holder | ||
to transfer its Conditional Adult Use Dispensing Organization |
License to a BLS Region specified by the Department. | ||
(e) A dispensing organization that is awarded a | ||
Conditional Adult Use Dispensing Organization License under | ||
this Section shall not purchase, possess, sell, or dispense | ||
cannabis or cannabis-infused products until the dispensing | ||
organization has received an Adult Use Dispensing Organization | ||
License issued by the Department pursuant to Section 15-36. | ||
(f) The Department shall conduct a background check of the | ||
prospective dispensing organization agents in order to carry | ||
out this Article. The Illinois State Police shall charge the | ||
applicant a fee for conducting the criminal history record | ||
check, which shall be deposited into the State Police Services | ||
Fund and shall not exceed the actual cost of the record check. | ||
Each person applying as a dispensing organization agent shall | ||
submit a full set of fingerprints to the Illinois State Police | ||
for the purpose of obtaining a State and federal criminal | ||
records check. These fingerprints shall be checked against the | ||
fingerprint records now and hereafter, to the extent allowed | ||
by law, filed with the Illinois State Police and the Federal | ||
Bureau of Investigation criminal history records databases. | ||
The Illinois State Police shall furnish, following positive | ||
identification, all Illinois conviction information to the | ||
Department. | ||
(g) The Department may verify information contained in | ||
each application and accompanying documentation to assess the | ||
applicant's veracity and fitness to operate a dispensing |
organization. | ||
(h) The Department may, in its discretion, refuse to issue | ||
authorization to an applicant who meets any of the following | ||
criteria: | ||
(1) An applicant who is unqualified to perform the | ||
duties required
of the applicant. | ||
(2) An applicant who fails to disclose or states | ||
falsely any
information called for in the application. | ||
(3) An applicant who has been found guilty of a | ||
violation of this Act, who has had any disciplinary order | ||
entered against the applicant by the Department, who has | ||
entered into a disciplinary or nondisciplinary agreement | ||
with the Department, whose medical cannabis dispensing | ||
organization, medical cannabis cultivation organization, | ||
Early Approval Adult Use Dispensing Organization License, | ||
Early Approval Adult Use Dispensing Organization License | ||
at a secondary site, Early Approval Cultivation Center | ||
License, Conditional Adult Use Dispensing Organization | ||
License, or Adult Use Dispensing Organization License was | ||
suspended, restricted, revoked, or denied for just cause, | ||
or whose cannabis business establishment license was | ||
suspended, restricted, revoked, or denied in any other | ||
state. | ||
(4) An applicant who has engaged in a pattern or | ||
practice of unfair or illegal practices, methods, or | ||
activities in the conduct of owning a cannabis business |
establishment or other business. | ||
(i) The Department shall deny issuance of a license under | ||
this Section if any principal officer, board member, or person | ||
having a financial or voting interest of 5% or greater in the | ||
licensee is delinquent in filing any required tax return or | ||
paying any amount owed to the State of Illinois. | ||
(j) The Department shall verify an applicant's compliance | ||
with the requirements of this Article and rules adopted under | ||
this Article before issuing a Conditional Adult Use Dispensing | ||
Organization License under this Section. | ||
(k) If an applicant is awarded a Conditional Adult Use | ||
Dispensing Organization License under this Section, the | ||
information and plans provided in the application, including | ||
any plans submitted for bonus points, shall become a condition | ||
of the Conditional Adult Use Dispensing Organization License | ||
and any Adult Use Dispensing Organization License issued to | ||
the holder of the Conditional Adult Use Dispensing | ||
Organization License, except as otherwise provided by this Act | ||
or by rule. A dispensing organization has a duty to disclose | ||
any material changes to the application. The Department shall | ||
review all material changes disclosed by the dispensing | ||
organization and may reevaluate its prior decision regarding | ||
the awarding of a Conditional Adult Use Dispensing | ||
Organization License, including, but not limited to, | ||
suspending or permanently revoking a Conditional Adult Use | ||
Dispensing Organization License. Failure to comply with the |
conditions or requirements in the application may subject the | ||
dispensing organization to discipline up to and including | ||
suspension or permanent revocation of its authorization or | ||
Conditional Adult Use Dispensing Organization License by the | ||
Department. | ||
(l) If an applicant has not begun operating as a | ||
dispensing organization within one year after the issuance of | ||
the Conditional Adult Use Dispensing Organization License | ||
under this Section, the Department may permanently revoke the | ||
Conditional Adult Use Dispensing Organization License and | ||
award it to the next highest scoring applicant in the BLS | ||
Region if a suitable applicant indicates a continued interest | ||
in the Conditional Adult Use Dispensing Organization License | ||
or may begin a new selection process to award a Conditional | ||
Adult Use Dispensing Organization License.
| ||
(Source: P.A. 101-27, eff. 6-25-19; 101-593, eff. 12-4-19; | ||
102-98, eff. 7-15-21.) | ||
(410 ILCS 705/15-35.10) | ||
Sec. 15-35.10. Social Equity Justice Involved Lottery for | ||
Conditional Adult Use Dispensing Organization Licenses. | ||
(a) In addition to any of the licenses issued under | ||
Section 15-15, Section 15-20, Section 15-25, Section 15-30.20, | ||
or Section 15-35, within 10 business days after the resulting | ||
final scores for all scored applications pursuant to Sections | ||
15-25 and 15-30 are released, the Department shall issue up to |
55 Conditional Adult Use Dispensing Organization Licenses by | ||
lot, pursuant to the application process adopted under this | ||
Section. In order to be eligible to be awarded a Conditional | ||
Adult Use Dispensing Organization License by lot, a Dispensary | ||
Applicant must be a Qualifying Social Equity Justice Involved | ||
Applicant. | ||
The licenses issued under this Section shall be awarded in | ||
each BLS Region in the following amounts: | ||
(1) Bloomington: 1. | ||
(2) Cape Girardeau: 1. | ||
(3) Carbondale-Marion: 1. | ||
(4) Champaign-Urbana: 1. | ||
(5) Chicago-Naperville-Elgin: 36. | ||
(6) Danville: 1. | ||
(7) Davenport-Moline-Rock Island: 1. | ||
(8) Decatur: 1. | ||
(9) Kankakee: 1. | ||
(10) Peoria: 2. | ||
(11) Rockford: 1. | ||
(12) St. Louis: 3. | ||
(13) Springfield: 1. | ||
(14) Northwest Illinois nonmetropolitan: 1. | ||
(15) West Central Illinois nonmetropolitan: 1. | ||
(16) East Central Illinois nonmetropolitan: 1. | ||
(17) South Illinois nonmetropolitan: 1. | ||
(a-5) Prior to issuing licenses under subsection (a), the |
Department may adopt rules through emergency rulemaking in | ||
accordance with subsection (kk) of Section 5-45 of the | ||
Illinois Administrative Procedure Act. The General Assembly | ||
finds that the adoption of rules to regulate cannabis use is | ||
deemed an emergency and necessary for the public interest, | ||
safety, and welfare. | ||
(b) The Department shall distribute the available licenses | ||
established under this Section subject to the following: | ||
(1) The drawing by lot for all available licenses | ||
established under this Section shall occur on the same day | ||
when practicable. | ||
(2) Within each BLS Region, the first Qualifying | ||
Social Equity Justice Involved Applicant drawn will have | ||
the first right to an available license. The second | ||
Qualifying Social Equity Justice Involved Applicant drawn | ||
will have the second right to an available license. The | ||
same pattern will continue for each subsequent applicant | ||
drawn. | ||
(3) The process for distributing available licenses | ||
under this Section shall be recorded by the Department in | ||
a format selected by the Department. | ||
(4) A Dispensary Applicant is prohibited from becoming | ||
a Qualifying Social Equity Justice Involved Applicant if a | ||
principal officer resigns after the resulting final scores | ||
for all scored applications pursuant to Sections 15-25 and | ||
15-30 are released. |
(5) No Qualifying Social Equity Justice Involved | ||
Applicant may be awarded more than 2 Conditional Adult Use | ||
Dispensing Organization Licenses at the conclusion of a | ||
lottery conducted under this Section. | ||
(6) No individual may be listed as a principal officer | ||
of more than 2 Conditional Adult Use Dispensing | ||
Organization Licenses awarded under this Section. | ||
(7) If, upon being selected for an available license | ||
established under this Section, a Qualifying Social Equity | ||
Justice Involved Applicant exceeds the limits under | ||
paragraph (5) or (6), the Qualifying Social Equity Justice | ||
Involved Applicant must choose which license to abandon | ||
and notify the Department in writing within 5 business | ||
days on forms prescribed by the Department. If the | ||
Qualifying Social Equity Justice Involved Applicant does | ||
not notify the Department as required, the Department | ||
shall refuse to issue the Qualifying Social Equity Justice | ||
Involved Applicant all available licenses established | ||
under this Section obtained by lot in all BLS Regions. | ||
(8) If, upon being selected for an available license | ||
established under this Section, a Qualifying Social Equity | ||
Justice Involved Applicant has a principal officer who is | ||
a principal officer in more than 10 Early Approval Adult | ||
Use Dispensing Organization Licenses, Conditional Adult | ||
Use Dispensing Organization Licenses, Adult Use Dispensing | ||
Organization Licenses, or any combination thereof, the |
licensees and the Qualifying Social Equity Justice | ||
Involved Applicant listing that principal officer must | ||
choose which license to abandon pursuant to subsection (d) | ||
of Section 15-36 and notify the Department in writing | ||
within 5 business days on forms prescribed by the | ||
Department. If the Dispensary Applicant or licensees do | ||
not notify the Department as required, the Department | ||
shall refuse to issue the Qualifying Social Equity Justice | ||
Involved Applicant all available licenses established | ||
under this Section obtained by lot in all BLS Regions. | ||
(9) All available licenses that have been abandoned | ||
under paragraph (7) or (8) shall be distributed to the | ||
next Qualifying Social Equity Justice Involved Applicant | ||
drawn by lot. | ||
Any and all rights conferred or obtained under this | ||
subsection shall be limited to the provisions of this | ||
subsection. | ||
(c) An applicant who receives a Conditional Adult Use | ||
Dispensing Organization License under this Section has 180 | ||
days from the date of the award to identify a physical location | ||
for the dispensing organization's retail storefront. The | ||
applicant shall provide evidence that the location is not | ||
within 1,500 feet of an existing dispensing organization, | ||
unless the applicant is a Social Equity Applicant or Social | ||
Equity Justice Involved Applicant located or seeking to locate | ||
within 1,500 feet of a dispensing organization licensed under |
Section 15-15 or Section 15-20. If an applicant is unable to | ||
find a suitable physical address in the opinion of the | ||
Department within 180 days from the issuance of the | ||
Conditional Adult Use Dispensing Organization License, the | ||
Department may extend the period for finding a physical | ||
address an additional 540 another 180 days if the Conditional | ||
Adult Use Dispensing Organization License holder demonstrates | ||
a concrete attempt to secure a location and a hardship. If the | ||
Department denies the extension or the Conditional Adult Use | ||
Dispensing Organization License holder is unable to find a | ||
location or become operational within 720 360 days of being | ||
awarded a Conditional Adult Use Dispensing Organization | ||
License under this Section, the Department shall rescind the | ||
Conditional Adult Use Dispensing Organization License and | ||
award it pursuant to subsection (b) and notify the new awardee | ||
at the email address provided in the awardee's application, | ||
provided the applicant receiving the Conditional Adult Use | ||
Dispensing Organization License: (i) confirms a continued | ||
interest in operating a dispensing organization; (ii) can | ||
provide evidence that the applicant continues to meet all | ||
requirements for holding a Conditional Adult Use Dispensing | ||
Organization License set forth in this Act; and (iii) has not | ||
otherwise become ineligible to be awarded a Conditional Adult | ||
Use Dispensing Organization License. If the new awardee is | ||
unable to accept the Conditional Adult Use Dispensing | ||
Organization License, the Department shall award the |
Conditional Adult Use Dispensing Organization License pursuant | ||
to subsection (b). The new awardee shall be subject to the same | ||
required deadlines as provided in this subsection. | ||
(d) If, within 180 days of being awarded a Conditional | ||
Adult Use Dispensing Organization License, a dispensing | ||
organization is unable to find a location within the BLS | ||
Region in which it was awarded a Conditional Adult Use | ||
Dispensing Organization License under this Section because no | ||
jurisdiction within the BLS Region allows for the operation of | ||
an Adult Use Dispensing Organization, the Department may | ||
authorize the Conditional Adult Use Dispensing Organization | ||
License holder to transfer its Conditional Adult Use | ||
Dispensing Organization License to a BLS Region specified by | ||
the Department. | ||
(e) A dispensing organization that is awarded a | ||
Conditional Adult Use Dispensing Organization License under | ||
this Section shall not purchase, possess, sell, or dispense | ||
cannabis or cannabis-infused products until the dispensing | ||
organization has received an Adult Use Dispensing Organization | ||
License issued by the Department pursuant to Section 15-36. | ||
(f) The Department shall conduct a background check of the | ||
prospective dispensing organization agents in order to carry | ||
out this Article. The Illinois State Police shall charge the | ||
applicant a fee for conducting the criminal history record | ||
check, which shall be deposited into the State Police Services | ||
Fund and shall not exceed the actual cost of the record check. |
Each person applying as a dispensing organization agent shall | ||
submit a full set of fingerprints to the Illinois State Police | ||
for the purpose of obtaining a State and federal criminal | ||
records check. These fingerprints shall be checked against the | ||
fingerprint records now and hereafter, to the extent allowed | ||
by law, filed with the Illinois State Police and the Federal | ||
Bureau of Investigation criminal history records databases. | ||
The Illinois State Police shall furnish, following positive | ||
identification, all Illinois conviction information to the | ||
Department. | ||
(g) The Department may verify information contained in | ||
each application and accompanying documentation to assess the | ||
applicant's veracity and fitness to operate a dispensing | ||
organization. | ||
(h) The Department may, in its discretion, refuse to issue | ||
an authorization to an applicant who meets any of the | ||
following criteria: | ||
(1) An applicant who is unqualified to perform the | ||
duties required of the applicant. | ||
(2) An applicant who fails to disclose or states | ||
falsely any information called for in the application. | ||
(3) An applicant who has been found guilty of a | ||
violation of this Act, who has had any disciplinary order | ||
entered against the applicant by the Department, who has | ||
entered into a disciplinary or nondisciplinary agreement | ||
with the Department, whose medical cannabis dispensing |
organization, medical cannabis cultivation organization, | ||
Early Approval Adult Use Dispensing Organization License, | ||
Early Approval Adult Use Dispensing Organization License | ||
at a secondary site, Early Approval Cultivation Center | ||
License, Conditional Adult Use Dispensing Organization | ||
License, or Adult Use Dispensing Organization License was | ||
suspended, restricted, revoked, or denied for just cause, | ||
or whose cannabis business establishment license was | ||
suspended, restricted, revoked, or denied in any other | ||
state. | ||
(4) An applicant who has engaged in a pattern or | ||
practice of unfair or illegal practices, methods, or | ||
activities in the conduct of owning a cannabis business | ||
establishment or other business. | ||
(i) The Department shall deny the license if any principal | ||
officer, board member, or person having a financial or voting | ||
interest of 5% or greater in the licensee is delinquent in | ||
filing any required tax return or paying any amount owed to the | ||
State of Illinois. | ||
(j) The Department shall verify an applicant's compliance | ||
with the requirements of this Article and rules adopted under | ||
this Article before issuing a Conditional Adult Use Dispensing | ||
Organization License. | ||
(k) If an applicant is awarded a Conditional Adult Use | ||
Dispensing Organization License under this Section, the | ||
information and plans provided in the application, including |
any plans submitted for bonus points, shall become a condition | ||
of the Conditional Adult Use Dispensing Organization License | ||
and any Adult Use Dispensing Organization License issued to | ||
the holder of the Conditional Adult Use Dispensing | ||
Organization License, except as otherwise provided by this Act | ||
or by rule. Dispensing organizations have a duty to disclose | ||
any material changes to the application. The Department shall | ||
review all material changes disclosed by the dispensing | ||
organization and may reevaluate its prior decision regarding | ||
the awarding of a Conditional Adult Use Dispensing | ||
Organization License, including, but not limited to, | ||
suspending or permanently revoking a Conditional Adult Use | ||
Dispensing Organization License. Failure to comply with the | ||
conditions or requirements in the application may subject the | ||
dispensing organization to discipline up to and including | ||
suspension or permanent revocation of its authorization or | ||
Conditional Adult Use Dispensing Organization License by the | ||
Department. | ||
(l) If an applicant has not begun operating as a | ||
dispensing organization within one year after the issuance of | ||
the Conditional Adult Use Dispensing Organization License | ||
under this Section, the Department may permanently revoke the | ||
Conditional Adult Use Dispensing Organization License and | ||
award it to the next highest scoring applicant in the BLS | ||
Region if a suitable applicant indicates a continued interest | ||
in the Conditional Adult Use Dispensing Organization License |
or may begin a new selection process to award a Conditional | ||
Adult Use Dispensing Organization License.
| ||
(Source: P.A. 102-98, eff. 7-15-21.) | ||
ARTICLE 120. | ||
Section 120-5. The Department of Revenue Law of the
Civil | ||
Administrative Code of Illinois is amended by adding Section | ||
2505-810 as follows: | ||
(20 ILCS 2505/2505-810 new) | ||
Sec. 2505-810. Veterans Property Tax Relief Reimbursement | ||
Pilot Program. | ||
(a) Subject to appropriation, for State fiscal years that | ||
begin on or after July 1, 2023 and before July 1, 2028, the | ||
Department shall establish and administer a Veterans Property | ||
Tax Relief Reimbursement Pilot Program. For purposes of the | ||
Program, the Department shall reimburse eligible taxing | ||
districts, in an amount calculated under subsection (c), for | ||
revenue loss associated with providing homestead exemptions to | ||
veterans with disabilities. A taxing district is eligible for | ||
reimbursement under this Section if (i) application of the | ||
homestead exemptions for veterans with disabilities under | ||
Sections 15-165 and 15-169 of the Property Tax Code results in | ||
a cumulative reduction of more than 2.5% in the total | ||
equalized assessed value of all taxable property in the taxing |
district, when compared with the total equalized assessed | ||
value of all taxable property in the taxing district prior to | ||
the application of those exemptions, for the taxable year that | ||
is 2 years before the start of the State fiscal year in which | ||
the application for reimbursement is made and (ii) the taxing | ||
district is located in whole or in part in a county that | ||
contains a United States military base. Reimbursement payments | ||
shall be made to the county that applies to the Department of | ||
Revenue on behalf of the taxing district under subsection (b) | ||
and shall be distributed by the county to the taxing district | ||
as directed by the Department of Revenue. | ||
(b) If the county clerk determines that one or more taxing | ||
districts located in whole or in part in the county qualify for | ||
reimbursement under this Section, then the county clerk shall | ||
apply to the Department of Revenue on behalf of the taxing | ||
district for reimbursement under this Section in the form and | ||
manner required by the Department. The county clerk shall | ||
consolidate applications submitted on behalf of more than one | ||
taxing district into a single application. The Department of | ||
Revenue may audit the information submitted by the county | ||
clerk as part of the application under this Section for the | ||
purpose of verifying the accuracy of that information. | ||
(c) Subject to the maximum aggregate reimbursement amount | ||
set forth in this subsection, the amount of the reimbursement | ||
shall be as follows: | ||
(1) for reimbursements awarded for the fiscal year |
that begins on July 1, 2023, 50% of the product generated | ||
by multiplying 90% of the total dollar amount of | ||
exemptions granted for taxable year 2021 under Section | ||
15-165 or Section 15-169 of the Property Tax Code to | ||
property located in the taxing district by the taxing | ||
district's property tax rate for taxable year 2021; and | ||
(2) for reimbursements awarded for fiscal years that | ||
begin on or after July 1, 2024 and begin before July 1, | ||
2028, 100% of the product generated by multiplying 90% of | ||
the total dollar amount of exemptions granted for the base | ||
year under Section 15-165 or Section 15-169 of the | ||
Property Tax Code to property located in the taxing | ||
district by the taxing district's property tax rate for | ||
the base year. | ||
The aggregate amount of reimbursements that may be awarded | ||
under this Section for all taxing districts in any calendar | ||
year may not exceed the lesser of $15,000,000 or the amount | ||
appropriated for the program for that calendar year. If the | ||
total amount of eligible reimbursements under this Section | ||
exceeds the lesser of $15,000,000 or the amount appropriated | ||
for the program for that calendar year, then the reimbursement | ||
amount awarded to each particular taxing district shall be | ||
reduced on a pro rata basis until the aggregate amount of | ||
reimbursements awarded under this Section for the calendar | ||
year does not exceed the lesser of $15,000,000 or the amount | ||
appropriated for the program for the calendar year. |
(d) The Department of Revenue may adopt rules necessary | ||
for the implementation of this Section. | ||
(e) As used in this Section: | ||
"Base year" means the taxable year that is 2 years before | ||
the start of the State fiscal year in which the application for | ||
reimbursement is made. | ||
"Taxable year" means the calendar year during which | ||
property taxes payable in the next succeeding year are levied. | ||
"Taxing district" has the meaning given to that term in | ||
Section 1-150 of the Property Tax Code. | ||
ARTICLE 125. | ||
Section 125-5. The State Finance Act is amended by | ||
changing Section 6z-129 as follows: | ||
(30 ILCS 105/6z-129) | ||
Sec. 6z-129. Horse Racing Purse Equity Fund. The Horse | ||
Racing Purse Equity Fund is a nonappropriated trust fund held | ||
outside of the State treasury. Within 30 60 calendar days | ||
after of funds are being deposited in the Horse Racing Purse | ||
Equity Fund and the applicable grant agreement is executed , | ||
whichever is later, the Department of Agriculture shall | ||
transfer the entire balance in the Fund to the organization | ||
licensees that hold purse moneys that support each of the make | ||
grants, the division of which shall be divided based upon the |
annual agreement of all legally recognized horsemen's | ||
associations that have contracted with an organization | ||
licensee over the immediately preceding 3 calendar years under | ||
subsection (d) of Section 29 of the Illinois Horse Racing Act | ||
of 1975. The 2023 division of such fund balance among the | ||
qualifying purse accounts shall be pursuant to the 2021 | ||
agreement of the involved horsemen associations with 45% being | ||
allocated to the thoroughbred purse account at a racetrack | ||
located in Stickney Township in Cook County, 30% being | ||
allocated to the harness purse account at a racetrack located | ||
in Stickney Township in Cook County, and 25% being allocated | ||
to the thoroughbred purse account at a racetrack located in | ||
Madison County. Transfers may be made to an organization | ||
licensee that has one or more executed grant agreements while | ||
the other organization licensee awaits finalization and | ||
execution of its grant agreement or agreements. All funds | ||
transferred to purse accounts pursuant to this Section shall | ||
be for the sole purpose of augmenting future purses during | ||
State fiscal year 2024 . For purposes of this Section, a | ||
legally recognized horsemen association is that horsemen | ||
association representing the largest number of owners, | ||
trainers, jockeys or Standardbred drivers who race horses at | ||
an Illinois organization organizational licensee and that | ||
enter into agreements with Illinois organization licenses to | ||
govern the racing meet and that also provide required consents | ||
pursuant to the Illinois Horse Racing Act of 1975.
|
(Source: P.A. 102-16, eff. 6-17-21.) | ||
Section 125-10. The Illinois Horse Racing Act of 1975 is | ||
amended by changing Section 28.1 as follows:
| ||
(230 ILCS 5/28.1)
| ||
Sec. 28.1. Payments.
| ||
(a) Beginning on January 1, 2000, moneys collected by the | ||
Department of
Revenue and the Racing Board pursuant to Section | ||
26 or Section 27
of this Act shall be deposited into the Horse | ||
Racing Fund, which is hereby
created as a special fund in the | ||
State Treasury.
| ||
(b) Appropriations, as approved by the General
Assembly, | ||
may be made from
the Horse Racing Fund to the Board to pay 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.
| ||
(c) (Blank).
| ||
(d) Beginning January 1, 2000, payments to all programs in | ||
existence on the
effective date of this amendatory Act of 1999 | ||
that are identified in Sections
26(c), 26(f), 26(h)(11)(C), |
and 28, subsections (a), (b), (c), (d), (e), (f),
(g), and (h) | ||
of Section 30, and subsections (a), (b), (c), (d), (e), (f), | ||
(g),
and (h) of Section 31 shall be made from the General | ||
Revenue Fund at the
funding levels determined by amounts paid | ||
under this Act in calendar year
1998. Beginning on the | ||
effective date of this amendatory Act of the 93rd General | ||
Assembly, payments to the Peoria Park District shall be made | ||
from the General Revenue Fund at the funding level determined | ||
by amounts paid to that park district for museum purposes | ||
under this Act in calendar year 1994.
| ||
If an inter-track wagering location licensee's facility | ||
changes its location, then the payments associated with that | ||
facility under this subsection (d) for museum purposes shall | ||
be paid to the park district in the area where the facility | ||
relocates, and the payments shall be used for museum purposes. | ||
If the facility does not relocate to a park district, then the | ||
payments shall be paid to the taxing district that is | ||
responsible for park or museum expenditures. | ||
(e) Beginning July 1, 2006, the payment authorized under | ||
subsection (d) to museums and aquariums located in park | ||
districts of over 500,000 population shall be paid to museums, | ||
aquariums, and zoos in amounts determined by Museums in the | ||
Park, an association of museums, aquariums, and zoos located | ||
on Chicago Park District property.
| ||
(f) Beginning July 1, 2007, the Children's Discovery | ||
Museum in Normal, Illinois shall receive payments from the |
General Revenue Fund at the funding level determined by the | ||
amounts paid to the Miller Park Zoo in Bloomington, Illinois | ||
under this Section in calendar year 2006. | ||
(g) On July 3, 2023, the Comptroller shall order | ||
transferred and the Treasurer shall transfer $5,100,000 from | ||
the Horse Racing Fund to the Horse Racing Purse Equity Fund. On | ||
August 31, 2021, after subtracting all lapse period spending | ||
from the June 30 balance of the prior fiscal year, the | ||
Comptroller shall transfer to the Horse Racing Purse Equity | ||
Fund 50% of the balance within the Horse Racing Fund.
| ||
(Source: P.A. 102-16, eff. 6-17-21.)
| ||
ARTICLE 130. | ||
Section 130-5. The Department of Transportation Law of the
| ||
Civil Administrative Code of Illinois is amended by adding | ||
Section 2705-617 as follows: | ||
(20 ILCS 2705/2705-617 new) | ||
Sec. 2705-617. Student loan repayment assistance for | ||
engineers pilot program. The Department shall provide higher | ||
education student loan repayment assistance in the form of an | ||
annual after-tax bonus of $15,000 per year, for not more than 4 | ||
years, for up to 50 engineers employed by the Department, | ||
subject to the following: | ||
(1) the engineer is a graduate of a college or |
university located in this State; | ||
(2) the engineer provides documentation to the | ||
Department of the repayment of higher education student | ||
loans taken to attend a college or university located in | ||
this State; | ||
(3) the engineer has been employed by the Department | ||
for at least 4 years; and | ||
(4) the engineer was hired by the Department on or | ||
after July 1, 2024. | ||
ARTICLE 135. | ||
Section 135-1. Short title. This Article may be cited as | ||
the Mechanical Insulation Energy and Safety Assessment Act. | ||
References in this Article to "this Act" mean this Article. | ||
Section 135-5. Legislative findings. The General Assembly | ||
finds that: | ||
(1) the State has a vested interest in decreasing the | ||
carbon footprint of publicly owned buildings; | ||
(2) it is in the public interest of the State to ensure | ||
that all Illinois residents can use publicly owned | ||
buildings for employment, educational purposes, and social | ||
services free from harmful mold and bacteria; and | ||
(3) mechanical insulation plays an important part in | ||
lowering operating expenses, reducing energy loss, and |
decreasing emissions. | ||
Section 135-10. Definitions. As used in this Act: | ||
"Agency" means the Capital Development Board. | ||
"Mechanical insulation" means insulation materials, | ||
facings, and accessory products that are applied to mechanical | ||
systems. | ||
"Mechanical insulation energy and safety assessment" means | ||
an assessment that analyzes potential energy savings and any | ||
potential public health risks according to the specifications | ||
applicable to the building's mechanical equipment. | ||
"Qualified mechanical insulation contractor" means a | ||
mechanical insulation contractor who is an active participant | ||
in an apprenticeship program approved by the United States | ||
Department of Labor. | ||
Section 135-15. Mechanical insulation assessment and | ||
remediation. To further Illinois along the path of 100% clean | ||
energy, there is hereby created a Mechanical Insulation | ||
Assessment Pilot Program. In furtherance of the goals of the | ||
pilot program, the Agency shall contract with a qualified | ||
mechanical insulation contractor to execute a mechanical | ||
insulation energy and safety assessment for 50 State-owned | ||
buildings. The Agency shall contract with other entities as | ||
deemed necessary to aid in determining the cost and scope of | ||
each remediation project including any and all necessary |
ancillary work. To determine the 50 buildings that will | ||
participate in the Pilot Program, the Agency shall take into | ||
consideration whether remediation work has been completed on | ||
the mechanical system recently as well as any immediate plans | ||
to update the mechanical systems and whether there are plans | ||
for the building's continued future use. | ||
The Mechanical Insulation Energy and Safety Assessment | ||
Pilot Program findings shall include: (1) any and all | ||
remediation measures necessary to bring the subject mechanical | ||
insulation system up to Code in accordance with the Energy | ||
Efficient Building Act and to ensure the system functions at a | ||
specific operating temperature to minimize energy loss; (2) | ||
any and all projected energy savings to the State as a result | ||
of the completion of any and all recommendation remediation; | ||
(3) any public health or safety concerns identified during the | ||
assessment; and (4) the projected cost to complete any and all | ||
recommended remediations. | ||
Further, the Agency shall report to the General Assembly | ||
the findings of the completed Mechanical Insulation Energy and | ||
Safety Assessment Pilot Program no later than July 1, 2025. | ||
The findings of each subject building's mechanical | ||
insulation energy and safety assessment shall be a matter of | ||
public record and posted on the Agency's website no later than | ||
July 1, 2025. | ||
This Act is subject to appropriation. | ||
All work under this Act shall be performed in accordance |
with the Prevailing Wage Act. | ||
Section 135-900. The Prevailing Wage Act is amended by | ||
changing Section 2 as follows:
| ||
(820 ILCS 130/2) (from Ch. 48, par. 39s-2)
| ||
Sec. 2. This Act applies to the wages of laborers, | ||
mechanics and
other workers employed in any public works, as | ||
hereinafter defined, by
any public body and to anyone under | ||
contracts for public works. This includes any maintenance, | ||
repair, assembly, or disassembly work performed on equipment | ||
whether owned, leased, or rented.
| ||
As used in this Act, unless the context indicates | ||
otherwise:
| ||
"Public works" means all fixed works constructed or | ||
demolished by
any public body,
or paid for wholly or in part | ||
out of public funds. "Public works" as
defined herein includes | ||
all projects financed in whole
or in part with bonds, grants, | ||
loans, or other funds made available by or through the State or | ||
any of its political subdivisions, including but not limited | ||
to: bonds issued under the Industrial Project Revenue Bond
Act | ||
(Article 11, Division 74 of the Illinois Municipal Code), the | ||
Industrial
Building Revenue Bond Act, the Illinois Finance | ||
Authority Act,
the Illinois Sports Facilities Authority Act, | ||
or the Build Illinois Bond Act; loans or other funds made
| ||
available pursuant to the Build Illinois Act; loans or other |
funds made available pursuant to the Riverfront Development | ||
Fund under Section 10-15 of the River Edge Redevelopment Zone | ||
Act; or funds from the Fund for
Illinois' Future under Section | ||
6z-47 of the State Finance Act, funds for school
construction | ||
under Section 5 of the General Obligation Bond Act, funds
| ||
authorized under Section 3 of the School Construction Bond | ||
Act, funds for
school infrastructure under Section 6z-45 of | ||
the State Finance Act, and funds
for transportation purposes | ||
under Section 4 of the General Obligation Bond
Act. "Public | ||
works" also includes (i) all projects financed in whole or in | ||
part
with funds from the Environmental Protection Agency under | ||
the Illinois Renewable Fuels Development Program
Act for which | ||
there is no project labor agreement; (ii) all work performed | ||
pursuant to a public private agreement under the Public | ||
Private Agreements for the Illiana Expressway Act or the | ||
Public-Private Agreements for the South Suburban Airport Act; | ||
(iii) all projects undertaken under a public-private agreement | ||
under the Public-Private Partnerships for Transportation Act; | ||
and (iv) all transportation facilities undertaken under a | ||
design-build contract or a Construction Manager/General | ||
Contractor contract under the Innovations for Transportation | ||
Infrastructure Act. "Public works" also includes all projects | ||
at leased facility property used for airport purposes under | ||
Section 35 of the Local Government Facility Lease Act. "Public | ||
works" also includes the construction of a new wind power | ||
facility by a business designated as a High Impact Business |
under Section 5.5(a)(3)(E) and the construction of a new | ||
utility-scale solar power facility by a business designated as | ||
a High Impact Business under Section 5.5(a)(3)(E-5) of the | ||
Illinois Enterprise Zone Act.
"Public works" also includes | ||
electric vehicle charging station projects financed pursuant | ||
to the Electric Vehicle Act and renewable energy projects | ||
required to pay the prevailing wage pursuant to the Illinois | ||
Power Agency Act. "Public works" does not include work done | ||
directly by any public utility company, whether or not done | ||
under public supervision or direction, or paid for wholly or | ||
in part out of public funds. "Public works" also includes | ||
construction projects performed by a third party contracted by | ||
any public utility, as described in subsection (a) of Section | ||
2.1, in public rights-of-way, as defined in Section 21-201 of | ||
the Public Utilities Act, whether or not done under public | ||
supervision or direction, or paid for wholly or in part out of | ||
public funds. "Public works" also includes construction | ||
projects that exceed 15 aggregate miles of new fiber optic | ||
cable, performed by a third party contracted by any public | ||
utility, as described in subsection (b) of Section 2.1, in | ||
public rights-of-way, as defined in Section 21-201 of the | ||
Public Utilities Act, whether or not done under public | ||
supervision or direction, or paid for wholly or in part out of | ||
public funds. "Public works" also includes any corrective | ||
action performed pursuant to Title XVI of the Environmental | ||
Protection Act for which payment from the Underground Storage |
Tank Fund is requested. "Public works" also includes work | ||
performed subject to Mechanical Insulation Energy and Safety | ||
Assessment Act "Public works" does not include projects | ||
undertaken by the owner at an owner-occupied single-family | ||
residence or at an owner-occupied unit of a multi-family | ||
residence. "Public works" does not include work performed for | ||
soil and water conservation purposes on agricultural lands, | ||
whether or not done under public supervision or paid for | ||
wholly or in part out of public funds, done directly by an | ||
owner or person who has legal control of those lands.
| ||
"Construction" means all work on public works involving | ||
laborers,
workers or mechanics. This includes any maintenance, | ||
repair, assembly, or disassembly work performed on equipment | ||
whether owned, leased, or rented.
| ||
"Locality" means the county where the physical work upon | ||
public works
is performed, except (1) that if there is not | ||
available in the county a
sufficient number of competent | ||
skilled laborers, workers and mechanics
to construct the | ||
public works efficiently and properly, "locality"
includes any | ||
other county nearest the one in which the work or
construction | ||
is to be performed and from which such persons may be
obtained | ||
in sufficient numbers to perform the work and (2) that, with
| ||
respect to contracts for highway work with the Department of
| ||
Transportation of this State, "locality" may at the discretion | ||
of the
Secretary of the Department of Transportation be | ||
construed to include
two or more adjacent counties from which |
workers may be accessible for
work on such construction.
| ||
"Public body" means the State or any officer, board or | ||
commission of
the State or any political subdivision or | ||
department thereof, or any
institution supported in whole or | ||
in part by public funds,
and includes every county, city, | ||
town,
village, township, school district, irrigation, utility, | ||
reclamation
improvement or other district and every other | ||
political subdivision,
district or municipality of the state | ||
whether such political
subdivision, municipality or district | ||
operates under a special charter
or not.
| ||
"Labor organization" means an organization that is the | ||
exclusive representative of an
employer's employees recognized | ||
or certified pursuant to the National Labor Relations Act. | ||
The terms "general prevailing rate of hourly wages", | ||
"general
prevailing rate of wages" or "prevailing rate of | ||
wages" when used in
this Act mean the hourly cash wages plus | ||
annualized fringe benefits for training and
apprenticeship | ||
programs approved by the U.S. Department of Labor, Bureau of
| ||
Apprenticeship and Training, health and welfare, insurance, | ||
vacations and
pensions paid generally, in the
locality in | ||
which the work is being performed, to employees engaged in
| ||
work of a similar character on public works.
| ||
(Source: P.A. 102-9, eff. 1-1-22; 102-444, eff. 8-20-21; | ||
102-673, eff. 11-30-21; 102-813, eff. 5-13-22; 102-1094, eff. | ||
6-15-22.)
|
ARTICLE 140. | ||
Section 140-5. The Illinois Income Tax Act is amended by | ||
changing Section 203 as follows: | ||
(35 ILCS 5/203) (from Ch. 120, par. 2-203) | ||
Sec. 203. Base income defined. | ||
(a) Individuals. | ||
(1) In general. In the case of an individual, base | ||
income means an
amount equal to the taxpayer's adjusted | ||
gross income for the taxable
year as modified by paragraph | ||
(2). | ||
(2) Modifications. The adjusted gross income referred | ||
to in
paragraph (1) shall be modified by adding thereto | ||
the sum of the
following amounts: | ||
(A) An amount equal to all amounts paid or accrued | ||
to the taxpayer
as interest or dividends during the | ||
taxable year to the extent excluded
from gross income | ||
in the computation of adjusted gross income, except | ||
stock
dividends of qualified public utilities | ||
described in Section 305(e) of the
Internal Revenue | ||
Code; | ||
(B) An amount equal to the amount of tax imposed by | ||
this Act to the
extent deducted from gross income in | ||
the computation of adjusted gross
income for the | ||
taxable year; |
(C) An amount equal to the amount received during | ||
the taxable year
as a recovery or refund of real | ||
property taxes paid with respect to the
taxpayer's | ||
principal residence under the Revenue Act of
1939 and | ||
for which a deduction was previously taken under | ||
subparagraph (L) of
this paragraph (2) prior to July | ||
1, 1991, the retrospective application date of
Article | ||
4 of Public Act 87-17. In the case of multi-unit or | ||
multi-use
structures and farm dwellings, the taxes on | ||
the taxpayer's principal residence
shall be that | ||
portion of the total taxes for the entire property | ||
which is
attributable to such principal residence; | ||
(D) An amount equal to the amount of the capital | ||
gain deduction
allowable under the Internal Revenue | ||
Code, to the extent deducted from gross
income in the | ||
computation of adjusted gross income; | ||
(D-5) An amount, to the extent not included in | ||
adjusted gross income,
equal to the amount of money | ||
withdrawn by the taxpayer in the taxable year from
a | ||
medical care savings account and the interest earned | ||
on the account in the
taxable year of a withdrawal | ||
pursuant to subsection (b) of Section 20 of the
| ||
Medical Care Savings Account Act or subsection (b) of | ||
Section 20 of the
Medical Care Savings Account Act of | ||
2000; | ||
(D-10) For taxable years ending after December 31, |
1997, an
amount equal to any eligible remediation | ||
costs that the individual
deducted in computing | ||
adjusted gross income and for which the
individual | ||
claims a credit under subsection (l) of Section 201; | ||
(D-15) For taxable years 2001 and thereafter, an | ||
amount equal to the
bonus depreciation deduction taken | ||
on the taxpayer's federal income tax return for the | ||
taxable
year under subsection (k) of Section 168 of | ||
the Internal Revenue Code; | ||
(D-16) If the taxpayer sells, transfers, abandons, | ||
or otherwise disposes of property for which the | ||
taxpayer was required in any taxable year to
make an | ||
addition modification under subparagraph (D-15), then | ||
an amount equal
to the aggregate amount of the | ||
deductions taken in all taxable
years under | ||
subparagraph (Z) with respect to that property. | ||
If the taxpayer continues to own property through | ||
the last day of the last tax year for which a | ||
subtraction is allowed with respect to that property | ||
under subparagraph (Z) and for which the taxpayer was | ||
allowed in any taxable year to make a subtraction | ||
modification under subparagraph (Z), then an amount | ||
equal to that subtraction modification.
| ||
The taxpayer is required to make the addition | ||
modification under this
subparagraph
only once with | ||
respect to any one piece of property; |
(D-17) An amount equal to the amount otherwise | ||
allowed as a deduction in computing base income for | ||
interest paid, accrued, or incurred, directly or | ||
indirectly, (i) for taxable years ending on or after | ||
December 31, 2004, to a foreign person who would be a | ||
member of the same unitary business group but for the | ||
fact that foreign person's business activity outside | ||
the United States is 80% or more of the foreign | ||
person's total business activity and (ii) for taxable | ||
years ending on or after December 31, 2008, to a person | ||
who would be a member of the same unitary business | ||
group but for the fact that the person is prohibited | ||
under Section 1501(a)(27) from being included in the | ||
unitary business group because he or she is ordinarily | ||
required to apportion business income under different | ||
subsections of Section 304. The addition modification | ||
required by this subparagraph shall be reduced to the | ||
extent that dividends were included in base income of | ||
the unitary group for the same taxable year and | ||
received by the taxpayer or by a member of the | ||
taxpayer's unitary business group (including amounts | ||
included in gross income under Sections 951 through | ||
964 of the Internal Revenue Code and amounts included | ||
in gross income under Section 78 of the Internal | ||
Revenue Code) with respect to the stock of the same | ||
person to whom the interest was paid, accrued, or |
incurred. | ||
This paragraph shall not apply to the following:
| ||
(i) an item of interest paid, accrued, or | ||
incurred, directly or indirectly, to a person who | ||
is subject in a foreign country or state, other | ||
than a state which requires mandatory unitary | ||
reporting, to a tax on or measured by net income | ||
with respect to such interest; or | ||
(ii) an item of interest paid, accrued, or | ||
incurred, directly or indirectly, to a person if | ||
the taxpayer can establish, based on a | ||
preponderance of the evidence, both of the | ||
following: | ||
(a) the person, during the same taxable | ||
year, paid, accrued, or incurred, the interest | ||
to a person that is not a related member, and | ||
(b) the transaction giving rise to the | ||
interest expense between the taxpayer and the | ||
person did not have as a principal purpose the | ||
avoidance of Illinois income tax, and is paid | ||
pursuant to a contract or agreement that | ||
reflects an arm's-length interest rate and | ||
terms; or
| ||
(iii) the taxpayer can establish, based on | ||
clear and convincing evidence, that the interest | ||
paid, accrued, or incurred relates to a contract |
or agreement entered into at arm's-length rates | ||
and terms and the principal purpose for the | ||
payment is not federal or Illinois tax avoidance; | ||
or
| ||
(iv) an item of interest paid, accrued, or | ||
incurred, directly or indirectly, to a person if | ||
the taxpayer establishes by clear and convincing | ||
evidence that the adjustments are unreasonable; or | ||
if the taxpayer and the Director agree in writing | ||
to the application or use of an alternative method | ||
of apportionment under Section 304(f).
| ||
Nothing in this subsection shall preclude the | ||
Director from making any other adjustment | ||
otherwise allowed under Section 404 of this Act | ||
for any tax year beginning after the effective | ||
date of this amendment provided such adjustment is | ||
made pursuant to regulation adopted by the | ||
Department and such regulations provide methods | ||
and standards by which the Department will utilize | ||
its authority under Section 404 of this Act;
| ||
(D-18) An amount equal to the amount of intangible | ||
expenses and costs otherwise allowed as a deduction in | ||
computing base income, and that were paid, accrued, or | ||
incurred, directly or indirectly, (i) for taxable | ||
years ending on or after December 31, 2004, to a | ||
foreign person who would be a member of the same |
unitary business group but for the fact that the | ||
foreign person's business activity outside the United | ||
States is 80% or more of that person's total business | ||
activity and (ii) for taxable years ending on or after | ||
December 31, 2008, to a person who would be a member of | ||
the same unitary business group but for the fact that | ||
the person is prohibited under Section 1501(a)(27) | ||
from being included in the unitary business group | ||
because he or she is ordinarily required to apportion | ||
business income under different subsections of Section | ||
304. The addition modification required by this | ||
subparagraph shall be reduced to the extent that | ||
dividends were included in base income of the unitary | ||
group for the same taxable year and received by the | ||
taxpayer or by a member of the taxpayer's unitary | ||
business group (including amounts included in gross | ||
income under Sections 951 through 964 of the Internal | ||
Revenue Code and amounts included in gross income | ||
under Section 78 of the Internal Revenue Code) with | ||
respect to the stock of the same person to whom the | ||
intangible expenses and costs were directly or | ||
indirectly paid, incurred, or accrued. The preceding | ||
sentence does not apply to the extent that the same | ||
dividends caused a reduction to the addition | ||
modification required under Section 203(a)(2)(D-17) of | ||
this Act. As used in this subparagraph, the term |
"intangible expenses and costs" includes (1) expenses, | ||
losses, and costs for, or related to, the direct or | ||
indirect acquisition, use, maintenance or management, | ||
ownership, sale, exchange, or any other disposition of | ||
intangible property; (2) losses incurred, directly or | ||
indirectly, from factoring transactions or discounting | ||
transactions; (3) royalty, patent, technical, and | ||
copyright fees; (4) licensing fees; and (5) other | ||
similar expenses and costs.
For purposes of this | ||
subparagraph, "intangible property" includes patents, | ||
patent applications, trade names, trademarks, service | ||
marks, copyrights, mask works, trade secrets, and | ||
similar types of intangible assets. | ||
This paragraph shall not apply to the following: | ||
(i) any item of intangible expenses or costs | ||
paid, accrued, or incurred, directly or | ||
indirectly, from a transaction with a person who | ||
is subject in a foreign country or state, other | ||
than a state which requires mandatory unitary | ||
reporting, to a tax on or measured by net income | ||
with respect to such item; or | ||
(ii) any item of intangible expense or cost | ||
paid, accrued, or incurred, directly or | ||
indirectly, if the taxpayer can establish, based | ||
on a preponderance of the evidence, both of the | ||
following: |
(a) the person during the same taxable | ||
year paid, accrued, or incurred, the | ||
intangible expense or cost to a person that is | ||
not a related member, and | ||
(b) the transaction giving rise to the | ||
intangible expense or cost between the | ||
taxpayer and the person did not have as a | ||
principal purpose the avoidance of Illinois | ||
income tax, and is paid pursuant to a contract | ||
or agreement that reflects arm's-length terms; | ||
or | ||
(iii) any item of intangible expense or cost | ||
paid, accrued, or incurred, directly or | ||
indirectly, from a transaction with a person if | ||
the taxpayer establishes by clear and convincing | ||
evidence, that the adjustments are unreasonable; | ||
or if the taxpayer and the Director agree in | ||
writing to the application or use of an | ||
alternative method of apportionment under Section | ||
304(f);
| ||
Nothing in this subsection shall preclude the | ||
Director from making any other adjustment | ||
otherwise allowed under Section 404 of this Act | ||
for any tax year beginning after the effective | ||
date of this amendment provided such adjustment is | ||
made pursuant to regulation adopted by the |
Department and such regulations provide methods | ||
and standards by which the Department will utilize | ||
its authority under Section 404 of this Act;
| ||
(D-19) For taxable years ending on or after | ||
December 31, 2008, an amount equal to the amount of | ||
insurance premium expenses and costs otherwise allowed | ||
as a deduction in computing base income, and that were | ||
paid, accrued, or incurred, directly or indirectly, to | ||
a person who would be a member of the same unitary | ||
business group but for the fact that the person is | ||
prohibited under Section 1501(a)(27) from being | ||
included in the unitary business group because he or | ||
she is ordinarily required to apportion business | ||
income under different subsections of Section 304. The | ||
addition modification required by this subparagraph | ||
shall be reduced to the extent that dividends were | ||
included in base income of the unitary group for the | ||
same taxable year and received by the taxpayer or by a | ||
member of the taxpayer's unitary business group | ||
(including amounts included in gross income under | ||
Sections 951 through 964 of the Internal Revenue Code | ||
and amounts included in gross income under Section 78 | ||
of the Internal Revenue Code) with respect to the | ||
stock of the same person to whom the premiums and costs | ||
were directly or indirectly paid, incurred, or | ||
accrued. The preceding sentence does not apply to the |
extent that the same dividends caused a reduction to | ||
the addition modification required under Section | ||
203(a)(2)(D-17) or Section 203(a)(2)(D-18) of this | ||
Act;
| ||
(D-20) For taxable years beginning on or after | ||
January 1,
2002 and ending on or before December 31, | ||
2006, in
the
case of a distribution from a qualified | ||
tuition program under Section 529 of
the Internal | ||
Revenue Code, other than (i) a distribution from a | ||
College Savings
Pool created under Section 16.5 of the | ||
State Treasurer Act or (ii) a
distribution from the | ||
Illinois Prepaid Tuition Trust Fund, an amount equal | ||
to
the amount excluded from gross income under Section | ||
529(c)(3)(B). For taxable years beginning on or after | ||
January 1, 2007, in the case of a distribution from a | ||
qualified tuition program under Section 529 of the | ||
Internal Revenue Code, other than (i) a distribution | ||
from a College Savings Pool created under Section 16.5 | ||
of the State Treasurer Act, (ii) a distribution from | ||
the Illinois Prepaid Tuition Trust Fund, or (iii) a | ||
distribution from a qualified tuition program under | ||
Section 529 of the Internal Revenue Code that (I) | ||
adopts and determines that its offering materials | ||
comply with the College Savings Plans Network's | ||
disclosure principles and (II) has made reasonable | ||
efforts to inform in-state residents of the existence |
of in-state qualified tuition programs by informing | ||
Illinois residents directly and, where applicable, to | ||
inform financial intermediaries distributing the | ||
program to inform in-state residents of the existence | ||
of in-state qualified tuition programs at least | ||
annually, an amount equal to the amount excluded from | ||
gross income under Section 529(c)(3)(B). | ||
For the purposes of this subparagraph (D-20), a | ||
qualified tuition program has made reasonable efforts | ||
if it makes disclosures (which may use the term | ||
"in-state program" or "in-state plan" and need not | ||
specifically refer to Illinois or its qualified | ||
programs by name) (i) directly to prospective | ||
participants in its offering materials or makes a | ||
public disclosure, such as a website posting; and (ii) | ||
where applicable, to intermediaries selling the | ||
out-of-state program in the same manner that the | ||
out-of-state program distributes its offering | ||
materials; | ||
(D-20.5) For taxable years beginning on or after | ||
January 1, 2018, in the case of a distribution from a | ||
qualified ABLE program under Section 529A of the | ||
Internal Revenue Code, other than a distribution from | ||
a qualified ABLE program created under Section 16.6 of | ||
the State Treasurer Act, an amount equal to the amount | ||
excluded from gross income under Section 529A(c)(1)(B) |
of the Internal Revenue Code; | ||
(D-21) For taxable years beginning on or after | ||
January 1, 2007, in the case of transfer of moneys from | ||
a qualified tuition program under Section 529 of the | ||
Internal Revenue Code that is administered by the | ||
State to an out-of-state program, an amount equal to | ||
the amount of moneys previously deducted from base | ||
income under subsection (a)(2)(Y) of this Section; | ||
(D-21.5) For taxable years beginning on or after | ||
January 1, 2018, in the case of the transfer of moneys | ||
from a qualified tuition program under Section 529 or | ||
a qualified ABLE program under Section 529A of the | ||
Internal Revenue Code that is administered by this | ||
State to an ABLE account established under an | ||
out-of-state ABLE account program, an amount equal to | ||
the contribution component of the transferred amount | ||
that was previously deducted from base income under | ||
subsection (a)(2)(Y) or subsection (a)(2)(HH) of this | ||
Section; | ||
(D-22) For taxable years beginning on or after | ||
January 1, 2009, and prior to January 1, 2018, in the | ||
case of a nonqualified withdrawal or refund of moneys | ||
from a qualified tuition program under Section 529 of | ||
the Internal Revenue Code administered by the State | ||
that is not used for qualified expenses at an eligible | ||
education institution, an amount equal to the |
contribution component of the nonqualified withdrawal | ||
or refund that was previously deducted from base | ||
income under subsection (a)(2)(y) of this Section, | ||
provided that the withdrawal or refund did not result | ||
from the beneficiary's death or disability. For | ||
taxable years beginning on or after January 1, 2018: | ||
(1) in the case of a nonqualified withdrawal or | ||
refund, as defined under Section
16.5 of the State | ||
Treasurer Act, of moneys from a qualified tuition | ||
program under Section 529 of the Internal Revenue Code | ||
administered by the State, an amount equal to the | ||
contribution component of the nonqualified withdrawal | ||
or refund that was previously deducted from base
| ||
income under subsection (a)(2)(Y) of this Section, and | ||
(2) in the case of a nonqualified withdrawal or refund | ||
from a qualified ABLE program under Section 529A of | ||
the Internal Revenue Code administered by the State | ||
that is not used for qualified disability expenses, an | ||
amount equal to the contribution component of the | ||
nonqualified withdrawal or refund that was previously | ||
deducted from base income under subsection (a)(2)(HH) | ||
of this Section; | ||
(D-23) An amount equal to the credit allowable to | ||
the taxpayer under Section 218(a) of this Act, | ||
determined without regard to Section 218(c) of this | ||
Act; |
(D-24) For taxable years ending on or after | ||
December 31, 2017, an amount equal to the deduction | ||
allowed under Section 199 of the Internal Revenue Code | ||
for the taxable year; | ||
(D-25) In the case of a resident, an amount equal | ||
to the amount of tax for which a credit is allowed | ||
pursuant to Section 201(p)(7) of this Act; | ||
and by deducting from the total so obtained the
sum of the | ||
following amounts: | ||
(E) For taxable years ending before December 31, | ||
2001,
any amount included in such total in respect of | ||
any compensation
(including but not limited to any | ||
compensation paid or accrued to a
serviceman while a | ||
prisoner of war or missing in action) paid to a | ||
resident
by reason of being on active duty in the Armed | ||
Forces of the United States
and in respect of any | ||
compensation paid or accrued to a resident who as a
| ||
governmental employee was a prisoner of war or missing | ||
in action, and in
respect of any compensation paid to a | ||
resident in 1971 or thereafter for
annual training | ||
performed pursuant to Sections 502 and 503, Title 32,
| ||
United States Code as a member of the Illinois | ||
National Guard or, beginning with taxable years ending | ||
on or after December 31, 2007, the National Guard of | ||
any other state.
For taxable years ending on or after | ||
December 31, 2001, any amount included in
such total |
in respect of any compensation (including but not | ||
limited to any
compensation paid or accrued to a | ||
serviceman while a prisoner of war or missing
in | ||
action) paid to a resident by reason of being a member | ||
of any component of
the Armed Forces of the United | ||
States and in respect of any compensation paid
or | ||
accrued to a resident who as a governmental employee | ||
was a prisoner of war
or missing in action, and in | ||
respect of any compensation paid to a resident in
2001 | ||
or thereafter by reason of being a member of the | ||
Illinois National Guard or, beginning with taxable | ||
years ending on or after December 31, 2007, the | ||
National Guard of any other state.
The provisions of | ||
this subparagraph (E) are exempt
from the provisions | ||
of Section 250; | ||
(F) An amount equal to all amounts included in | ||
such total pursuant
to the provisions of Sections | ||
402(a), 402(c), 403(a), 403(b), 406(a), 407(a),
and | ||
408 of the Internal Revenue Code, or included in such | ||
total as
distributions under the provisions of any | ||
retirement or disability plan for
employees of any | ||
governmental agency or unit, or retirement payments to
| ||
retired partners, which payments are excluded in | ||
computing net earnings
from self employment by Section | ||
1402 of the Internal Revenue Code and
regulations | ||
adopted pursuant thereto; |
(G) The valuation limitation amount; | ||
(H) An amount equal to the amount of any tax | ||
imposed by this Act
which was refunded to the taxpayer | ||
and included in such total for the
taxable year; | ||
(I) An amount equal to all amounts included in | ||
such total pursuant
to the provisions of Section 111 | ||
of the Internal Revenue Code as a
recovery of items | ||
previously deducted from adjusted gross income in the
| ||
computation of taxable income; | ||
(J) An amount equal to those dividends included in | ||
such total which were
paid by a corporation which | ||
conducts business operations in a River Edge | ||
Redevelopment Zone or zones created under the River | ||
Edge Redevelopment Zone Act, and conducts
| ||
substantially all of its operations in a River Edge | ||
Redevelopment Zone or zones. This subparagraph (J) is | ||
exempt from the provisions of Section 250; | ||
(K) An amount equal to those dividends included in | ||
such total that
were paid by a corporation that | ||
conducts business operations in a federally
designated | ||
Foreign Trade Zone or Sub-Zone and that is designated | ||
a High Impact
Business located in Illinois; provided | ||
that dividends eligible for the
deduction provided in | ||
subparagraph (J) of paragraph (2) of this subsection
| ||
shall not be eligible for the deduction provided under | ||
this subparagraph
(K); |
(L) For taxable years ending after December 31, | ||
1983, an amount equal to
all social security benefits | ||
and railroad retirement benefits included in
such | ||
total pursuant to Sections 72(r) and 86 of the | ||
Internal Revenue Code; | ||
(M) With the exception of any amounts subtracted | ||
under subparagraph
(N), an amount equal to the sum of | ||
all amounts disallowed as
deductions by (i) Sections | ||
171(a)(2) and 265(a)(2) of the Internal Revenue Code, | ||
and all amounts of expenses allocable
to interest and | ||
disallowed as deductions by Section 265(a)(1) of the | ||
Internal
Revenue Code;
and (ii) for taxable years
| ||
ending on or after August 13, 1999, Sections | ||
171(a)(2), 265,
280C, and 832(b)(5)(B)(i) of the | ||
Internal Revenue Code, plus, for taxable years ending | ||
on or after December 31, 2011, Section 45G(e)(3) of | ||
the Internal Revenue Code and, for taxable years | ||
ending on or after December 31, 2008, any amount | ||
included in gross income under Section 87 of the | ||
Internal Revenue Code; the provisions of this
| ||
subparagraph are exempt from the provisions of Section | ||
250; | ||
(N) An amount equal to all amounts included in | ||
such total which are
exempt from taxation by this | ||
State either by reason of its statutes or
Constitution
| ||
or by reason of the Constitution, treaties or statutes |
of the United States;
provided that, in the case of any | ||
statute of this State that exempts income
derived from | ||
bonds or other obligations from the tax imposed under | ||
this Act,
the amount exempted shall be the interest | ||
net of bond premium amortization; | ||
(O) An amount equal to any contribution made to a | ||
job training
project established pursuant to the Tax | ||
Increment Allocation Redevelopment Act; | ||
(P) An amount equal to the amount of the deduction | ||
used to compute the
federal income tax credit for | ||
restoration of substantial amounts held under
claim of | ||
right for the taxable year pursuant to Section 1341 of | ||
the
Internal Revenue Code or of any itemized deduction | ||
taken from adjusted gross income in the computation of | ||
taxable income for restoration of substantial amounts | ||
held under claim of right for the taxable year; | ||
(Q) An amount equal to any amounts included in | ||
such total, received by
the taxpayer as an | ||
acceleration in the payment of life, endowment or | ||
annuity
benefits in advance of the time they would | ||
otherwise be payable as an indemnity
for a terminal | ||
illness; | ||
(R) An amount equal to the amount of any federal or | ||
State bonus paid
to veterans of the Persian Gulf War; | ||
(S) An amount, to the extent included in adjusted | ||
gross income, equal
to the amount of a contribution |
made in the taxable year on behalf of the
taxpayer to a | ||
medical care savings account established under the | ||
Medical Care
Savings Account Act or the Medical Care | ||
Savings Account Act of 2000 to the
extent the | ||
contribution is accepted by the account
administrator | ||
as provided in that Act; | ||
(T) An amount, to the extent included in adjusted | ||
gross income, equal to
the amount of interest earned | ||
in the taxable year on a medical care savings
account | ||
established under the Medical Care Savings Account Act | ||
or the Medical
Care Savings Account Act of 2000 on | ||
behalf of the
taxpayer, other than interest added | ||
pursuant to item (D-5) of this paragraph
(2); | ||
(U) For one taxable year beginning on or after | ||
January 1,
1994, an
amount equal to the total amount of | ||
tax imposed and paid under subsections (a)
and (b) of | ||
Section 201 of this Act on grant amounts received by | ||
the taxpayer
under the Nursing Home Grant Assistance | ||
Act during the taxpayer's taxable years
1992 and 1993; | ||
(V) Beginning with tax years ending on or after | ||
December 31, 1995 and
ending with tax years ending on | ||
or before December 31, 2004, an amount equal to
the | ||
amount paid by a taxpayer who is a
self-employed | ||
taxpayer, a partner of a partnership, or a
shareholder | ||
in a Subchapter S corporation for health insurance or | ||
long-term
care insurance for that taxpayer or that |
taxpayer's spouse or dependents, to
the extent that | ||
the amount paid for that health insurance or long-term | ||
care
insurance may be deducted under Section 213 of | ||
the Internal Revenue Code, has not been deducted on | ||
the federal income tax return of the taxpayer,
and | ||
does not exceed the taxable income attributable to | ||
that taxpayer's income,
self-employment income, or | ||
Subchapter S corporation income; except that no
| ||
deduction shall be allowed under this item (V) if the | ||
taxpayer is eligible to
participate in any health | ||
insurance or long-term care insurance plan of an
| ||
employer of the taxpayer or the taxpayer's
spouse. The | ||
amount of the health insurance and long-term care | ||
insurance
subtracted under this item (V) shall be | ||
determined by multiplying total
health insurance and | ||
long-term care insurance premiums paid by the taxpayer
| ||
times a number that represents the fractional | ||
percentage of eligible medical
expenses under Section | ||
213 of the Internal Revenue Code of 1986 not actually
| ||
deducted on the taxpayer's federal income tax return; | ||
(W) For taxable years beginning on or after | ||
January 1, 1998,
all amounts included in the | ||
taxpayer's federal gross income
in the taxable year | ||
from amounts converted from a regular IRA to a Roth | ||
IRA.
This paragraph is exempt from the provisions of | ||
Section
250; |
(X) For taxable year 1999 and thereafter, an | ||
amount equal to the
amount of any (i) distributions, | ||
to the extent includible in gross income for
federal | ||
income tax purposes, made to the taxpayer because of | ||
his or her status
as a victim of persecution for racial | ||
or religious reasons by Nazi Germany or
any other Axis | ||
regime or as an heir of the victim and (ii) items
of | ||
income, to the extent
includible in gross income for | ||
federal income tax purposes, attributable to,
derived | ||
from or in any way related to assets stolen from, | ||
hidden from, or
otherwise lost to a victim of
| ||
persecution for racial or religious reasons by Nazi | ||
Germany or any other Axis
regime immediately prior to, | ||
during, and immediately after World War II,
including, | ||
but
not limited to, interest on the proceeds | ||
receivable as insurance
under policies issued to a | ||
victim of persecution for racial or religious
reasons
| ||
by Nazi Germany or any other Axis regime by European | ||
insurance companies
immediately prior to and during | ||
World War II;
provided, however, this subtraction from | ||
federal adjusted gross income does not
apply to assets | ||
acquired with such assets or with the proceeds from | ||
the sale of
such assets; provided, further, this | ||
paragraph shall only apply to a taxpayer
who was the | ||
first recipient of such assets after their recovery | ||
and who is a
victim of persecution for racial or |
religious reasons
by Nazi Germany or any other Axis | ||
regime or as an heir of the victim. The
amount of and | ||
the eligibility for any public assistance, benefit, or
| ||
similar entitlement is not affected by the inclusion | ||
of items (i) and (ii) of
this paragraph in gross income | ||
for federal income tax purposes.
This paragraph is | ||
exempt from the provisions of Section 250; | ||
(Y) For taxable years beginning on or after | ||
January 1, 2002
and ending
on or before December 31, | ||
2004, moneys contributed in the taxable year to a | ||
College Savings Pool account under
Section 16.5 of the | ||
State Treasurer Act, except that amounts excluded from
| ||
gross income under Section 529(c)(3)(C)(i) of the | ||
Internal Revenue Code
shall not be considered moneys | ||
contributed under this subparagraph (Y). For taxable | ||
years beginning on or after January 1, 2005, a maximum | ||
of $10,000
contributed
in the
taxable year to (i) a | ||
College Savings Pool account under Section 16.5 of the
| ||
State
Treasurer Act or (ii) the Illinois Prepaid | ||
Tuition Trust Fund,
except that
amounts excluded from | ||
gross income under Section 529(c)(3)(C)(i) of the
| ||
Internal
Revenue Code shall not be considered moneys | ||
contributed under this subparagraph
(Y). For purposes | ||
of this subparagraph, contributions made by an | ||
employer on behalf of an employee, or matching | ||
contributions made by an employee, shall be treated as |
made by the employee. This
subparagraph (Y) is exempt | ||
from the provisions of Section 250; | ||
(Z) For taxable years 2001 and thereafter, for the | ||
taxable year in
which the bonus depreciation deduction
| ||
is taken on the taxpayer's federal income tax return | ||
under
subsection (k) of Section 168 of the Internal | ||
Revenue Code and for each
applicable taxable year | ||
thereafter, an amount equal to "x", where: | ||
(1) "y" equals the amount of the depreciation | ||
deduction taken for the
taxable year
on the | ||
taxpayer's federal income tax return on property | ||
for which the bonus
depreciation deduction
was | ||
taken in any year under subsection (k) of Section | ||
168 of the Internal
Revenue Code, but not | ||
including the bonus depreciation deduction; | ||
(2) for taxable years ending on or before | ||
December 31, 2005, "x" equals "y" multiplied by 30 | ||
and then divided by 70 (or "y"
multiplied by | ||
0.429); and | ||
(3) for taxable years ending after December | ||
31, 2005: | ||
(i) for property on which a bonus | ||
depreciation deduction of 30% of the adjusted | ||
basis was taken, "x" equals "y" multiplied by | ||
30 and then divided by 70 (or "y"
multiplied | ||
by 0.429); |
(ii) for property on which a bonus | ||
depreciation deduction of 50% of the adjusted | ||
basis was taken, "x" equals "y" multiplied by | ||
1.0; | ||
(iii) for property on which a bonus | ||
depreciation deduction of 100% of the adjusted | ||
basis was taken in a taxable year ending on or | ||
after December 31, 2021, "x" equals the | ||
depreciation deduction that would be allowed | ||
on that property if the taxpayer had made the | ||
election under Section 168(k)(7) of the | ||
Internal Revenue Code to not claim bonus | ||
depreciation on that property; and | ||
(iv) for property on which a bonus | ||
depreciation deduction of a percentage other | ||
than 30%, 50% or 100% of the adjusted basis | ||
was taken in a taxable year ending on or after | ||
December 31, 2021, "x" equals "y" multiplied | ||
by 100 times the percentage bonus depreciation | ||
on the property (that is, 100(bonus%)) and | ||
then divided by 100 times 1 minus the | ||
percentage bonus depreciation on the property | ||
(that is, 100(1–bonus%)). | ||
The aggregate amount deducted under this | ||
subparagraph in all taxable
years for any one piece of | ||
property may not exceed the amount of the bonus
|
depreciation deduction
taken on that property on the | ||
taxpayer's federal income tax return under
subsection | ||
(k) of Section 168 of the Internal Revenue Code. This | ||
subparagraph (Z) is exempt from the provisions of | ||
Section 250; | ||
(AA) If the taxpayer sells, transfers, abandons, | ||
or otherwise disposes of
property for which the | ||
taxpayer was required in any taxable year to make an
| ||
addition modification under subparagraph (D-15), then | ||
an amount equal to that
addition modification.
| ||
If the taxpayer continues to own property through | ||
the last day of the last tax year for which a | ||
subtraction is allowed with respect to that property | ||
under subparagraph (Z) and for which the taxpayer was | ||
required in any taxable year to make an addition | ||
modification under subparagraph (D-15), then an amount | ||
equal to that addition modification.
| ||
The taxpayer is allowed to take the deduction | ||
under this subparagraph
only once with respect to any | ||
one piece of property. | ||
This subparagraph (AA) is exempt from the | ||
provisions of Section 250; | ||
(BB) Any amount included in adjusted gross income, | ||
other
than
salary,
received by a driver in a | ||
ridesharing arrangement using a motor vehicle; | ||
(CC) The amount of (i) any interest income (net of |
the deductions allocable thereto) taken into account | ||
for the taxable year with respect to a transaction | ||
with a taxpayer that is required to make an addition | ||
modification with respect to such transaction under | ||
Section 203(a)(2)(D-17), 203(b)(2)(E-12), | ||
203(c)(2)(G-12), or 203(d)(2)(D-7), but not to exceed | ||
the amount of that addition modification, and
(ii) any | ||
income from intangible property (net of the deductions | ||
allocable thereto) taken into account for the taxable | ||
year with respect to a transaction with a taxpayer | ||
that is required to make an addition modification with | ||
respect to such transaction under Section | ||
203(a)(2)(D-18), 203(b)(2)(E-13), 203(c)(2)(G-13), or | ||
203(d)(2)(D-8), but not to exceed the amount of that | ||
addition modification. This subparagraph (CC) is | ||
exempt from the provisions of Section 250; | ||
(DD) An amount equal to the interest income taken | ||
into account for the taxable year (net of the | ||
deductions allocable thereto) with respect to | ||
transactions with (i) a foreign person who would be a | ||
member of the taxpayer's unitary business group but | ||
for the fact that the foreign person's business | ||
activity outside the United States is 80% or more of | ||
that person's total business activity and (ii) for | ||
taxable years ending on or after December 31, 2008, to | ||
a person who would be a member of the same unitary |
business group but for the fact that the person is | ||
prohibited under Section 1501(a)(27) from being | ||
included in the unitary business group because he or | ||
she is ordinarily required to apportion business | ||
income under different subsections of Section 304, but | ||
not to exceed the addition modification required to be | ||
made for the same taxable year under Section | ||
203(a)(2)(D-17) for interest paid, accrued, or | ||
incurred, directly or indirectly, to the same person. | ||
This subparagraph (DD) is exempt from the provisions | ||
of Section 250; | ||
(EE) An amount equal to the income from intangible | ||
property taken into account for the taxable year (net | ||
of the deductions allocable thereto) with respect to | ||
transactions with (i) a foreign person who would be a | ||
member of the taxpayer's unitary business group but | ||
for the fact that the foreign person's business | ||
activity outside the United States is 80% or more of | ||
that person's total business activity and (ii) for | ||
taxable years ending on or after December 31, 2008, to | ||
a person who would be a member of the same unitary | ||
business group but for the fact that the person is | ||
prohibited under Section 1501(a)(27) from being | ||
included in the unitary business group because he or | ||
she is ordinarily required to apportion business | ||
income under different subsections of Section 304, but |
not to exceed the addition modification required to be | ||
made for the same taxable year under Section | ||
203(a)(2)(D-18) for intangible expenses and costs | ||
paid, accrued, or incurred, directly or indirectly, to | ||
the same foreign person. This subparagraph (EE) is | ||
exempt from the provisions of Section 250; | ||
(FF) An amount equal to any amount awarded to the | ||
taxpayer during the taxable year by the Court of | ||
Claims under subsection (c) of Section 8 of the Court | ||
of Claims Act for time unjustly served in a State | ||
prison. This subparagraph (FF) is exempt from the | ||
provisions of Section 250; | ||
(GG) For taxable years ending on or after December | ||
31, 2011, in the case of a taxpayer who was required to | ||
add back any insurance premiums under Section | ||
203(a)(2)(D-19), such taxpayer may elect to subtract | ||
that part of a reimbursement received from the | ||
insurance company equal to the amount of the expense | ||
or loss (including expenses incurred by the insurance | ||
company) that would have been taken into account as a | ||
deduction for federal income tax purposes if the | ||
expense or loss had been uninsured. If a taxpayer | ||
makes the election provided for by this subparagraph | ||
(GG), the insurer to which the premiums were paid must | ||
add back to income the amount subtracted by the | ||
taxpayer pursuant to this subparagraph (GG). This |
subparagraph (GG) is exempt from the provisions of | ||
Section 250; | ||
(HH) For taxable years beginning on or after | ||
January 1, 2018 and prior to January 1, 2028, a maximum | ||
of $10,000 contributed in the taxable year to a | ||
qualified ABLE account under Section 16.6 of the State | ||
Treasurer Act, except that amounts excluded from gross | ||
income under Section 529(c)(3)(C)(i) or Section | ||
529A(c)(1)(C) of the Internal Revenue Code shall not | ||
be considered moneys contributed under this | ||
subparagraph (HH). For purposes of this subparagraph | ||
(HH), contributions made by an employer on behalf of | ||
an employee, or matching contributions made by an | ||
employee, shall be treated as made by the employee; | ||
and | ||
(II) For taxable years that begin on or after | ||
January 1, 2021 and begin before January 1, 2026, the | ||
amount that is included in the taxpayer's federal | ||
adjusted gross income pursuant to Section 61 of the | ||
Internal Revenue Code as discharge of indebtedness | ||
attributable to student loan forgiveness and that is | ||
not excluded from the taxpayer's federal adjusted | ||
gross income pursuant to paragraph (5) of subsection | ||
(f) of Section 108 of the Internal Revenue Code ; and . | ||
(JJ) For taxable years beginning on or after | ||
January 1, 2023, for any cannabis establishment |
operating in this State and licensed under the | ||
Cannabis Regulation and Tax Act or any cannabis | ||
cultivation center or medical cannabis dispensing | ||
organization operating in this State and licensed | ||
under the Compassionate Use of Medical Cannabis | ||
Program Act, an amount equal to the deductions that | ||
were disallowed under Section 280E of the Internal | ||
Revenue Code for the taxable year and that would not be | ||
added back under this subsection. The provisions of | ||
this subparagraph (JJ) are exempt from the provisions | ||
of Section 250. | ||
(b) Corporations. | ||
(1) In general. In the case of a corporation, base | ||
income means an
amount equal to the taxpayer's taxable | ||
income for the taxable year as
modified by paragraph (2). | ||
(2) Modifications. The taxable income referred to in | ||
paragraph (1)
shall be modified by adding thereto the sum | ||
of the following amounts: | ||
(A) An amount equal to all amounts paid or accrued | ||
to the taxpayer
as interest and all distributions | ||
received from regulated investment
companies during | ||
the taxable year to the extent excluded from gross
| ||
income in the computation of taxable income; | ||
(B) An amount equal to the amount of tax imposed by | ||
this Act to the
extent deducted from gross income in |
the computation of taxable income
for the taxable | ||
year; | ||
(C) In the case of a regulated investment company, | ||
an amount equal to
the excess of (i) the net long-term | ||
capital gain for the taxable year, over
(ii) the | ||
amount of the capital gain dividends designated as | ||
such in accordance
with Section 852(b)(3)(C) of the | ||
Internal Revenue Code and any amount
designated under | ||
Section 852(b)(3)(D) of the Internal Revenue Code,
| ||
attributable to the taxable year (this amendatory Act | ||
of 1995
(Public Act 89-89) is declarative of existing | ||
law and is not a new
enactment); | ||
(D) The amount of any net operating loss deduction | ||
taken in arriving
at taxable income, other than a net | ||
operating loss carried forward from a
taxable year | ||
ending prior to December 31, 1986; | ||
(E) For taxable years in which a net operating | ||
loss carryback or
carryforward from a taxable year | ||
ending prior to December 31, 1986 is an
element of | ||
taxable income under paragraph (1) of subsection (e) | ||
or
subparagraph (E) of paragraph (2) of subsection | ||
(e), the amount by which
addition modifications other | ||
than those provided by this subparagraph (E)
exceeded | ||
subtraction modifications in such earlier taxable | ||
year, with the
following limitations applied in the | ||
order that they are listed: |
(i) the addition modification relating to the | ||
net operating loss
carried back or forward to the | ||
taxable year from any taxable year ending
prior to | ||
December 31, 1986 shall be reduced by the amount | ||
of addition
modification under this subparagraph | ||
(E) which related to that net operating
loss and | ||
which was taken into account in calculating the | ||
base income of an
earlier taxable year, and | ||
(ii) the addition modification relating to the | ||
net operating loss
carried back or forward to the | ||
taxable year from any taxable year ending
prior to | ||
December 31, 1986 shall not exceed the amount of | ||
such carryback or
carryforward; | ||
For taxable years in which there is a net | ||
operating loss carryback or
carryforward from more | ||
than one other taxable year ending prior to December
| ||
31, 1986, the addition modification provided in this | ||
subparagraph (E) shall
be the sum of the amounts | ||
computed independently under the preceding
provisions | ||
of this subparagraph (E) for each such taxable year; | ||
(E-5) For taxable years ending after December 31, | ||
1997, an
amount equal to any eligible remediation | ||
costs that the corporation
deducted in computing | ||
adjusted gross income and for which the
corporation | ||
claims a credit under subsection (l) of Section 201; | ||
(E-10) For taxable years 2001 and thereafter, an |
amount equal to the
bonus depreciation deduction taken | ||
on the taxpayer's federal income tax return for the | ||
taxable
year under subsection (k) of Section 168 of | ||
the Internal Revenue Code; | ||
(E-11) If the taxpayer sells, transfers, abandons, | ||
or otherwise disposes of property for which the | ||
taxpayer was required in any taxable year to
make an | ||
addition modification under subparagraph (E-10), then | ||
an amount equal
to the aggregate amount of the | ||
deductions taken in all taxable
years under | ||
subparagraph (T) with respect to that property. | ||
If the taxpayer continues to own property through | ||
the last day of the last tax year for which a | ||
subtraction is allowed with respect to that property | ||
under subparagraph (T) and for which the taxpayer was | ||
allowed in any taxable year to make a subtraction | ||
modification under subparagraph (T), then an amount | ||
equal to that subtraction modification.
| ||
The taxpayer is required to make the addition | ||
modification under this
subparagraph
only once with | ||
respect to any one piece of property; | ||
(E-12) An amount equal to the amount otherwise | ||
allowed as a deduction in computing base income for | ||
interest paid, accrued, or incurred, directly or | ||
indirectly, (i) for taxable years ending on or after | ||
December 31, 2004, to a foreign person who would be a |
member of the same unitary business group but for the | ||
fact the foreign person's business activity outside | ||
the United States is 80% or more of the foreign | ||
person's total business activity and (ii) for taxable | ||
years ending on or after December 31, 2008, to a person | ||
who would be a member of the same unitary business | ||
group but for the fact that the person is prohibited | ||
under Section 1501(a)(27) from being included in the | ||
unitary business group because he or she is ordinarily | ||
required to apportion business income under different | ||
subsections of Section 304. The addition modification | ||
required by this subparagraph shall be reduced to the | ||
extent that dividends were included in base income of | ||
the unitary group for the same taxable year and | ||
received by the taxpayer or by a member of the | ||
taxpayer's unitary business group (including amounts | ||
included in gross income pursuant to Sections 951 | ||
through 964 of the Internal Revenue Code and amounts | ||
included in gross income under Section 78 of the | ||
Internal Revenue Code) with respect to the stock of | ||
the same person to whom the interest was paid, | ||
accrued, or incurred.
| ||
This paragraph shall not apply to the following:
| ||
(i) an item of interest paid, accrued, or | ||
incurred, directly or indirectly, to a person who | ||
is subject in a foreign country or state, other |
than a state which requires mandatory unitary | ||
reporting, to a tax on or measured by net income | ||
with respect to such interest; or | ||
(ii) an item of interest paid, accrued, or | ||
incurred, directly or indirectly, to a person if | ||
the taxpayer can establish, based on a | ||
preponderance of the evidence, both of the | ||
following: | ||
(a) the person, during the same taxable | ||
year, paid, accrued, or incurred, the interest | ||
to a person that is not a related member, and | ||
(b) the transaction giving rise to the | ||
interest expense between the taxpayer and the | ||
person did not have as a principal purpose the | ||
avoidance of Illinois income tax, and is paid | ||
pursuant to a contract or agreement that | ||
reflects an arm's-length interest rate and | ||
terms; or
| ||
(iii) the taxpayer can establish, based on | ||
clear and convincing evidence, that the interest | ||
paid, accrued, or incurred relates to a contract | ||
or agreement entered into at arm's-length rates | ||
and terms and the principal purpose for the | ||
payment is not federal or Illinois tax avoidance; | ||
or
| ||
(iv) an item of interest paid, accrued, or |
incurred, directly or indirectly, to a person if | ||
the taxpayer establishes by clear and convincing | ||
evidence that the adjustments are unreasonable; or | ||
if the taxpayer and the Director agree in writing | ||
to the application or use of an alternative method | ||
of apportionment under Section 304(f).
| ||
Nothing in this subsection shall preclude the | ||
Director from making any other adjustment | ||
otherwise allowed under Section 404 of this Act | ||
for any tax year beginning after the effective | ||
date of this amendment provided such adjustment is | ||
made pursuant to regulation adopted by the | ||
Department and such regulations provide methods | ||
and standards by which the Department will utilize | ||
its authority under Section 404 of this Act;
| ||
(E-13) An amount equal to the amount of intangible | ||
expenses and costs otherwise allowed as a deduction in | ||
computing base income, and that were paid, accrued, or | ||
incurred, directly or indirectly, (i) for taxable | ||
years ending on or after December 31, 2004, to a | ||
foreign person who would be a member of the same | ||
unitary business group but for the fact that the | ||
foreign person's business activity outside the United | ||
States is 80% or more of that person's total business | ||
activity and (ii) for taxable years ending on or after | ||
December 31, 2008, to a person who would be a member of |
the same unitary business group but for the fact that | ||
the person is prohibited under Section 1501(a)(27) | ||
from being included in the unitary business group | ||
because he or she is ordinarily required to apportion | ||
business income under different subsections of Section | ||
304. The addition modification required by this | ||
subparagraph shall be reduced to the extent that | ||
dividends were included in base income of the unitary | ||
group for the same taxable year and received by the | ||
taxpayer or by a member of the taxpayer's unitary | ||
business group (including amounts included in gross | ||
income pursuant to Sections 951 through 964 of the | ||
Internal Revenue Code and amounts included in gross | ||
income under Section 78 of the Internal Revenue Code) | ||
with respect to the stock of the same person to whom | ||
the intangible expenses and costs were directly or | ||
indirectly paid, incurred, or accrued. The preceding | ||
sentence shall not apply to the extent that the same | ||
dividends caused a reduction to the addition | ||
modification required under Section 203(b)(2)(E-12) of | ||
this Act.
As used in this subparagraph, the term | ||
"intangible expenses and costs" includes (1) expenses, | ||
losses, and costs for, or related to, the direct or | ||
indirect acquisition, use, maintenance or management, | ||
ownership, sale, exchange, or any other disposition of | ||
intangible property; (2) losses incurred, directly or |
indirectly, from factoring transactions or discounting | ||
transactions; (3) royalty, patent, technical, and | ||
copyright fees; (4) licensing fees; and (5) other | ||
similar expenses and costs.
For purposes of this | ||
subparagraph, "intangible property" includes patents, | ||
patent applications, trade names, trademarks, service | ||
marks, copyrights, mask works, trade secrets, and | ||
similar types of intangible assets. | ||
This paragraph shall not apply to the following: | ||
(i) any item of intangible expenses or costs | ||
paid, accrued, or incurred, directly or | ||
indirectly, from a transaction with a person who | ||
is subject in a foreign country or state, other | ||
than a state which requires mandatory unitary | ||
reporting, to a tax on or measured by net income | ||
with respect to such item; or | ||
(ii) any item of intangible expense or cost | ||
paid, accrued, or incurred, directly or | ||
indirectly, if the taxpayer can establish, based | ||
on a preponderance of the evidence, both of the | ||
following: | ||
(a) the person during the same taxable | ||
year paid, accrued, or incurred, the | ||
intangible expense or cost to a person that is | ||
not a related member, and | ||
(b) the transaction giving rise to the |
intangible expense or cost between the | ||
taxpayer and the person did not have as a | ||
principal purpose the avoidance of Illinois | ||
income tax, and is paid pursuant to a contract | ||
or agreement that reflects arm's-length terms; | ||
or | ||
(iii) any item of intangible expense or cost | ||
paid, accrued, or incurred, directly or | ||
indirectly, from a transaction with a person if | ||
the taxpayer establishes by clear and convincing | ||
evidence, that the adjustments are unreasonable; | ||
or if the taxpayer and the Director agree in | ||
writing to the application or use of an | ||
alternative method of apportionment under Section | ||
304(f);
| ||
Nothing in this subsection shall preclude the | ||
Director from making any other adjustment | ||
otherwise allowed under Section 404 of this Act | ||
for any tax year beginning after the effective | ||
date of this amendment provided such adjustment is | ||
made pursuant to regulation adopted by the | ||
Department and such regulations provide methods | ||
and standards by which the Department will utilize | ||
its authority under Section 404 of this Act;
| ||
(E-14) For taxable years ending on or after | ||
December 31, 2008, an amount equal to the amount of |
insurance premium expenses and costs otherwise allowed | ||
as a deduction in computing base income, and that were | ||
paid, accrued, or incurred, directly or indirectly, to | ||
a person who would be a member of the same unitary | ||
business group but for the fact that the person is | ||
prohibited under Section 1501(a)(27) from being | ||
included in the unitary business group because he or | ||
she is ordinarily required to apportion business | ||
income under different subsections of Section 304. The | ||
addition modification required by this subparagraph | ||
shall be reduced to the extent that dividends were | ||
included in base income of the unitary group for the | ||
same taxable year and received by the taxpayer or by a | ||
member of the taxpayer's unitary business group | ||
(including amounts included in gross income under | ||
Sections 951 through 964 of the Internal Revenue Code | ||
and amounts included in gross income under Section 78 | ||
of the Internal Revenue Code) with respect to the | ||
stock of the same person to whom the premiums and costs | ||
were directly or indirectly paid, incurred, or | ||
accrued. The preceding sentence does not apply to the | ||
extent that the same dividends caused a reduction to | ||
the addition modification required under Section | ||
203(b)(2)(E-12) or Section 203(b)(2)(E-13) of this | ||
Act;
| ||
(E-15) For taxable years beginning after December |
31, 2008, any deduction for dividends paid by a | ||
captive real estate investment trust that is allowed | ||
to a real estate investment trust under Section | ||
857(b)(2)(B) of the Internal Revenue Code for | ||
dividends paid; | ||
(E-16) An amount equal to the credit allowable to | ||
the taxpayer under Section 218(a) of this Act, | ||
determined without regard to Section 218(c) of this | ||
Act; | ||
(E-17) For taxable years ending on or after | ||
December 31, 2017, an amount equal to the deduction | ||
allowed under Section 199 of the Internal Revenue Code | ||
for the taxable year; | ||
(E-18) for taxable years beginning after December | ||
31, 2018, an amount equal to the deduction allowed | ||
under Section 250(a)(1)(A) of the Internal Revenue | ||
Code for the taxable year; | ||
(E-19) for taxable years ending on or after June | ||
30, 2021, an amount equal to the deduction allowed | ||
under Section 250(a)(1)(B)(i) of the Internal Revenue | ||
Code for the taxable year; | ||
(E-20) for taxable years ending on or after June | ||
30, 2021, an amount equal to the deduction allowed | ||
under Sections 243(e) and 245A(a) of the Internal | ||
Revenue Code for the taxable year. | ||
and by deducting from the total so obtained the sum of the |
following
amounts: | ||
(F) An amount equal to the amount of any tax | ||
imposed by this Act
which was refunded to the taxpayer | ||
and included in such total for the
taxable year; | ||
(G) An amount equal to any amount included in such | ||
total under
Section 78 of the Internal Revenue Code; | ||
(H) In the case of a regulated investment company, | ||
an amount equal
to the amount of exempt interest | ||
dividends as defined in subsection (b)(5) of Section | ||
852 of the Internal Revenue Code, paid to shareholders
| ||
for the taxable year; | ||
(I) With the exception of any amounts subtracted | ||
under subparagraph
(J),
an amount equal to the sum of | ||
all amounts disallowed as
deductions by (i) Sections | ||
171(a)(2) and 265(a)(2) and amounts disallowed as
| ||
interest expense by Section 291(a)(3) of the Internal | ||
Revenue Code, and all amounts of expenses allocable to | ||
interest and
disallowed as deductions by Section | ||
265(a)(1) of the Internal Revenue Code;
and (ii) for | ||
taxable years
ending on or after August 13, 1999, | ||
Sections
171(a)(2), 265,
280C, 291(a)(3), and | ||
832(b)(5)(B)(i) of the Internal Revenue Code, plus, | ||
for tax years ending on or after December 31, 2011, | ||
amounts disallowed as deductions by Section 45G(e)(3) | ||
of the Internal Revenue Code and, for taxable years | ||
ending on or after December 31, 2008, any amount |
included in gross income under Section 87 of the | ||
Internal Revenue Code and the policyholders' share of | ||
tax-exempt interest of a life insurance company under | ||
Section 807(a)(2)(B) of the Internal Revenue Code (in | ||
the case of a life insurance company with gross income | ||
from a decrease in reserves for the tax year) or | ||
Section 807(b)(1)(B) of the Internal Revenue Code (in | ||
the case of a life insurance company allowed a | ||
deduction for an increase in reserves for the tax | ||
year); the
provisions of this
subparagraph are exempt | ||
from the provisions of Section 250; | ||
(J) An amount equal to all amounts included in | ||
such total which are
exempt from taxation by this | ||
State either by reason of its statutes or
Constitution
| ||
or by reason of the Constitution, treaties or statutes | ||
of the United States;
provided that, in the case of any | ||
statute of this State that exempts income
derived from | ||
bonds or other obligations from the tax imposed under | ||
this Act,
the amount exempted shall be the interest | ||
net of bond premium amortization; | ||
(K) An amount equal to those dividends included in | ||
such total
which were paid by a corporation which | ||
conducts
business operations in a River Edge | ||
Redevelopment Zone or zones created under the River | ||
Edge Redevelopment Zone Act and conducts substantially | ||
all of its
operations in a River Edge Redevelopment |
Zone or zones. This subparagraph (K) is exempt from | ||
the provisions of Section 250; | ||
(L) An amount equal to those dividends included in | ||
such total that
were paid by a corporation that | ||
conducts business operations in a federally
designated | ||
Foreign Trade Zone or Sub-Zone and that is designated | ||
a High Impact
Business located in Illinois; provided | ||
that dividends eligible for the
deduction provided in | ||
subparagraph (K) of paragraph 2 of this subsection
| ||
shall not be eligible for the deduction provided under | ||
this subparagraph
(L); | ||
(M) For any taxpayer that is a financial | ||
organization within the meaning
of Section 304(c) of | ||
this Act, an amount included in such total as interest
| ||
income from a loan or loans made by such taxpayer to a | ||
borrower, to the extent
that such a loan is secured by | ||
property which is eligible for the River Edge | ||
Redevelopment Zone Investment Credit. To determine the | ||
portion of a loan or loans that is
secured by property | ||
eligible for a Section 201(f) investment
credit to the | ||
borrower, the entire principal amount of the loan or | ||
loans
between the taxpayer and the borrower should be | ||
divided into the basis of the
Section 201(f) | ||
investment credit property which secures the
loan or | ||
loans, using for this purpose the original basis of | ||
such property on
the date that it was placed in service |
in the River Edge Redevelopment Zone. The subtraction | ||
modification available to the taxpayer in any
year | ||
under this subsection shall be that portion of the | ||
total interest paid
by the borrower with respect to | ||
such loan attributable to the eligible
property as | ||
calculated under the previous sentence. This | ||
subparagraph (M) is exempt from the provisions of | ||
Section 250; | ||
(M-1) For any taxpayer that is a financial | ||
organization within the
meaning of Section 304(c) of | ||
this Act, an amount included in such total as
interest | ||
income from a loan or loans made by such taxpayer to a | ||
borrower,
to the extent that such a loan is secured by | ||
property which is eligible for
the High Impact | ||
Business Investment Credit. To determine the portion | ||
of a
loan or loans that is secured by property eligible | ||
for a Section 201(h) investment credit to the | ||
borrower, the entire principal amount of
the loan or | ||
loans between the taxpayer and the borrower should be | ||
divided into
the basis of the Section 201(h) | ||
investment credit property which
secures the loan or | ||
loans, using for this purpose the original basis of | ||
such
property on the date that it was placed in service | ||
in a federally designated
Foreign Trade Zone or | ||
Sub-Zone located in Illinois. No taxpayer that is
| ||
eligible for the deduction provided in subparagraph |
(M) of paragraph (2) of
this subsection shall be | ||
eligible for the deduction provided under this
| ||
subparagraph (M-1). The subtraction modification | ||
available to taxpayers in
any year under this | ||
subsection shall be that portion of the total interest
| ||
paid by the borrower with respect to such loan | ||
attributable to the eligible
property as calculated | ||
under the previous sentence; | ||
(N) Two times any contribution made during the | ||
taxable year to a
designated zone organization to the | ||
extent that the contribution (i)
qualifies as a | ||
charitable contribution under subsection (c) of | ||
Section 170
of the Internal Revenue Code and (ii) | ||
must, by its terms, be used for a
project approved by | ||
the Department of Commerce and Economic Opportunity | ||
under Section 11 of the Illinois Enterprise Zone Act | ||
or under Section 10-10 of the River Edge Redevelopment | ||
Zone Act. This subparagraph (N) is exempt from the | ||
provisions of Section 250; | ||
(O) An amount equal to: (i) 85% for taxable years | ||
ending on or before
December 31, 1992, or, a | ||
percentage equal to the percentage allowable under
| ||
Section 243(a)(1) of the Internal Revenue Code of 1986 | ||
for taxable years ending
after December 31, 1992, of | ||
the amount by which dividends included in taxable
| ||
income and received from a corporation that is not |
created or organized under
the laws of the United | ||
States or any state or political subdivision thereof,
| ||
including, for taxable years ending on or after | ||
December 31, 1988, dividends
received or deemed | ||
received or paid or deemed paid under Sections 951 | ||
through
965 of the Internal Revenue Code, exceed the | ||
amount of the modification
provided under subparagraph | ||
(G) of paragraph (2) of this subsection (b) which
is | ||
related to such dividends, and including, for taxable | ||
years ending on or after December 31, 2008, dividends | ||
received from a captive real estate investment trust; | ||
plus (ii) 100% of the amount by which dividends,
| ||
included in taxable income and received, including, | ||
for taxable years ending on
or after December 31, | ||
1988, dividends received or deemed received or paid or
| ||
deemed paid under Sections 951 through 964 of the | ||
Internal Revenue Code and including, for taxable years | ||
ending on or after December 31, 2008, dividends | ||
received from a captive real estate investment trust, | ||
from
any such corporation specified in clause (i) that | ||
would but for the provisions
of Section 1504(b)(3) of | ||
the Internal Revenue Code be treated as a member of
the | ||
affiliated group which includes the dividend | ||
recipient, exceed the amount
of the modification | ||
provided under subparagraph (G) of paragraph (2) of | ||
this
subsection (b) which is related to such |
dividends. For taxable years ending on or after June | ||
30, 2021, (i) for purposes of this subparagraph, the | ||
term "dividend" does not include any amount treated as | ||
a dividend under Section 1248 of the Internal Revenue | ||
Code, and (ii) this subparagraph shall not apply to | ||
dividends for which a deduction is allowed under | ||
Section 245(a) of the Internal Revenue Code. This | ||
subparagraph (O) is exempt from the provisions of | ||
Section 250 of this Act; | ||
(P) An amount equal to any contribution made to a | ||
job training project
established pursuant to the Tax | ||
Increment Allocation Redevelopment Act; | ||
(Q) An amount equal to the amount of the deduction | ||
used to compute the
federal income tax credit for | ||
restoration of substantial amounts held under
claim of | ||
right for the taxable year pursuant to Section 1341 of | ||
the
Internal Revenue Code; | ||
(R) On and after July 20, 1999, in the case of an | ||
attorney-in-fact with respect to whom an
interinsurer | ||
or a reciprocal insurer has made the election under | ||
Section 835 of
the Internal Revenue Code, 26 U.S.C. | ||
835, an amount equal to the excess, if
any, of the | ||
amounts paid or incurred by that interinsurer or | ||
reciprocal insurer
in the taxable year to the | ||
attorney-in-fact over the deduction allowed to that
| ||
interinsurer or reciprocal insurer with respect to the |
attorney-in-fact under
Section 835(b) of the Internal | ||
Revenue Code for the taxable year; the provisions of | ||
this subparagraph are exempt from the provisions of | ||
Section 250; | ||
(S) For taxable years ending on or after December | ||
31, 1997, in the
case of a Subchapter
S corporation, an | ||
amount equal to all amounts of income allocable to a
| ||
shareholder subject to the Personal Property Tax | ||
Replacement Income Tax imposed
by subsections (c) and | ||
(d) of Section 201 of this Act, including amounts
| ||
allocable to organizations exempt from federal income | ||
tax by reason of Section
501(a) of the Internal | ||
Revenue Code. This subparagraph (S) is exempt from
the | ||
provisions of Section 250; | ||
(T) For taxable years 2001 and thereafter, for the | ||
taxable year in
which the bonus depreciation deduction
| ||
is taken on the taxpayer's federal income tax return | ||
under
subsection (k) of Section 168 of the Internal | ||
Revenue Code and for each
applicable taxable year | ||
thereafter, an amount equal to "x", where: | ||
(1) "y" equals the amount of the depreciation | ||
deduction taken for the
taxable year
on the | ||
taxpayer's federal income tax return on property | ||
for which the bonus
depreciation deduction
was | ||
taken in any year under subsection (k) of Section | ||
168 of the Internal
Revenue Code, but not |
including the bonus depreciation deduction; | ||
(2) for taxable years ending on or before | ||
December 31, 2005, "x" equals "y" multiplied by 30 | ||
and then divided by 70 (or "y"
multiplied by | ||
0.429); and | ||
(3) for taxable years ending after December | ||
31, 2005: | ||
(i) for property on which a bonus | ||
depreciation deduction of 30% of the adjusted | ||
basis was taken, "x" equals "y" multiplied by | ||
30 and then divided by 70 (or "y"
multiplied | ||
by 0.429); | ||
(ii) for property on which a bonus | ||
depreciation deduction of 50% of the adjusted | ||
basis was taken, "x" equals "y" multiplied by | ||
1.0; | ||
(iii) for property on which a bonus | ||
depreciation deduction of 100% of the adjusted | ||
basis was taken in a taxable year ending on or | ||
after December 31, 2021, "x" equals the | ||
depreciation deduction that would be allowed | ||
on that property if the taxpayer had made the | ||
election under Section 168(k)(7) of the | ||
Internal Revenue Code to not claim bonus | ||
depreciation on that property; and | ||
(iv) for property on which a bonus |
depreciation deduction of a percentage other | ||
than 30%, 50% or 100% of the adjusted basis | ||
was taken in a taxable year ending on or after | ||
December 31, 2021, "x" equals "y" multiplied | ||
by 100 times the percentage bonus depreciation | ||
on the property (that is, 100(bonus%)) and | ||
then divided by 100 times 1 minus the | ||
percentage bonus depreciation on the property | ||
(that is, 100(1–bonus%)). | ||
The aggregate amount deducted under this | ||
subparagraph in all taxable
years for any one piece of | ||
property may not exceed the amount of the bonus
| ||
depreciation deduction
taken on that property on the | ||
taxpayer's federal income tax return under
subsection | ||
(k) of Section 168 of the Internal Revenue Code. This | ||
subparagraph (T) is exempt from the provisions of | ||
Section 250; | ||
(U) If the taxpayer sells, transfers, abandons, or | ||
otherwise disposes of
property for which the taxpayer | ||
was required in any taxable year to make an
addition | ||
modification under subparagraph (E-10), then an amount | ||
equal to that
addition modification. | ||
If the taxpayer continues to own property through | ||
the last day of the last tax year for which a | ||
subtraction is allowed with respect to that property | ||
under subparagraph (T) and for which the taxpayer was |
required in any taxable year to make an addition | ||
modification under subparagraph (E-10), then an amount | ||
equal to that addition modification.
| ||
The taxpayer is allowed to take the deduction | ||
under this subparagraph
only once with respect to any | ||
one piece of property. | ||
This subparagraph (U) is exempt from the | ||
provisions of Section 250; | ||
(V) The amount of: (i) any interest income (net of | ||
the deductions allocable thereto) taken into account | ||
for the taxable year with respect to a transaction | ||
with a taxpayer that is required to make an addition | ||
modification with respect to such transaction under | ||
Section 203(a)(2)(D-17), 203(b)(2)(E-12), | ||
203(c)(2)(G-12), or 203(d)(2)(D-7), but not to exceed | ||
the amount of such addition modification,
(ii) any | ||
income from intangible property (net of the deductions | ||
allocable thereto) taken into account for the taxable | ||
year with respect to a transaction with a taxpayer | ||
that is required to make an addition modification with | ||
respect to such transaction under Section | ||
203(a)(2)(D-18), 203(b)(2)(E-13), 203(c)(2)(G-13), or | ||
203(d)(2)(D-8), but not to exceed the amount of such | ||
addition modification, and (iii) any insurance premium | ||
income (net of deductions allocable thereto) taken | ||
into account for the taxable year with respect to a |
transaction with a taxpayer that is required to make | ||
an addition modification with respect to such | ||
transaction under Section 203(a)(2)(D-19), Section | ||
203(b)(2)(E-14), Section 203(c)(2)(G-14), or Section | ||
203(d)(2)(D-9), but not to exceed the amount of that | ||
addition modification. This subparagraph (V) is exempt | ||
from the provisions of Section 250;
| ||
(W) An amount equal to the interest income taken | ||
into account for the taxable year (net of the | ||
deductions allocable thereto) with respect to | ||
transactions with (i) a foreign person who would be a | ||
member of the taxpayer's unitary business group but | ||
for the fact that the foreign person's business | ||
activity outside the United States is 80% or more of | ||
that person's total business activity and (ii) for | ||
taxable years ending on or after December 31, 2008, to | ||
a person who would be a member of the same unitary | ||
business group but for the fact that the person is | ||
prohibited under Section 1501(a)(27) from being | ||
included in the unitary business group because he or | ||
she is ordinarily required to apportion business | ||
income under different subsections of Section 304, but | ||
not to exceed the addition modification required to be | ||
made for the same taxable year under Section | ||
203(b)(2)(E-12) for interest paid, accrued, or | ||
incurred, directly or indirectly, to the same person. |
This subparagraph (W) is exempt from the provisions of | ||
Section 250;
| ||
(X) An amount equal to the income from intangible | ||
property taken into account for the taxable year (net | ||
of the deductions allocable thereto) with respect to | ||
transactions with (i) a foreign person who would be a | ||
member of the taxpayer's unitary business group but | ||
for the fact that the foreign person's business | ||
activity outside the United States is 80% or more of | ||
that person's total business activity and (ii) for | ||
taxable years ending on or after December 31, 2008, to | ||
a person who would be a member of the same unitary | ||
business group but for the fact that the person is | ||
prohibited under Section 1501(a)(27) from being | ||
included in the unitary business group because he or | ||
she is ordinarily required to apportion business | ||
income under different subsections of Section 304, but | ||
not to exceed the addition modification required to be | ||
made for the same taxable year under Section | ||
203(b)(2)(E-13) for intangible expenses and costs | ||
paid, accrued, or incurred, directly or indirectly, to | ||
the same foreign person. This subparagraph (X) is | ||
exempt from the provisions of Section 250;
| ||
(Y) For taxable years ending on or after December | ||
31, 2011, in the case of a taxpayer who was required to | ||
add back any insurance premiums under Section |
203(b)(2)(E-14), such taxpayer may elect to subtract | ||
that part of a reimbursement received from the | ||
insurance company equal to the amount of the expense | ||
or loss (including expenses incurred by the insurance | ||
company) that would have been taken into account as a | ||
deduction for federal income tax purposes if the | ||
expense or loss had been uninsured. If a taxpayer | ||
makes the election provided for by this subparagraph | ||
(Y), the insurer to which the premiums were paid must | ||
add back to income the amount subtracted by the | ||
taxpayer pursuant to this subparagraph (Y). This | ||
subparagraph (Y) is exempt from the provisions of | ||
Section 250; and | ||
(Z) The difference between the nondeductible | ||
controlled foreign corporation dividends under Section | ||
965(e)(3) of the Internal Revenue Code over the | ||
taxable income of the taxpayer, computed without | ||
regard to Section 965(e)(2)(A) of the Internal Revenue | ||
Code, and without regard to any net operating loss | ||
deduction. This subparagraph (Z) is exempt from the | ||
provisions of Section 250 ; and . | ||
(AA) For taxable years beginning on or after | ||
January 1, 2023, for any cannabis establishment | ||
operating in this State and licensed under the | ||
Cannabis Regulation and Tax Act or any cannabis | ||
cultivation center or medical cannabis dispensing |
organization operating in this State and licensed | ||
under the Compassionate Use of Medical Cannabis | ||
Program Act, an amount equal to the deductions that | ||
were disallowed under Section 280E of the Internal | ||
Revenue Code for the taxable year and that would not be | ||
added back under this subsection. The provisions of | ||
this subparagraph (AA) are exempt from the provisions | ||
of Section 250. | ||
(3) Special rule. For purposes of paragraph (2)(A), | ||
"gross income"
in the case of a life insurance company, | ||
for tax years ending on and after
December 31, 1994,
and | ||
prior to December 31, 2011, shall mean the gross | ||
investment income for the taxable year and, for tax years | ||
ending on or after December 31, 2011, shall mean all | ||
amounts included in life insurance gross income under | ||
Section 803(a)(3) of the Internal Revenue Code. | ||
(c) Trusts and estates. | ||
(1) In general. In the case of a trust or estate, base | ||
income means
an amount equal to the taxpayer's taxable | ||
income for the taxable year as
modified by paragraph (2). | ||
(2) Modifications. Subject to the provisions of | ||
paragraph (3), the
taxable income referred to in paragraph | ||
(1) shall be modified by adding
thereto the sum of the | ||
following amounts: | ||
(A) An amount equal to all amounts paid or accrued |
to the taxpayer
as interest or dividends during the | ||
taxable year to the extent excluded
from gross income | ||
in the computation of taxable income; | ||
(B) In the case of (i) an estate, $600; (ii) a | ||
trust which, under
its governing instrument, is | ||
required to distribute all of its income
currently, | ||
$300; and (iii) any other trust, $100, but in each such | ||
case,
only to the extent such amount was deducted in | ||
the computation of
taxable income; | ||
(C) An amount equal to the amount of tax imposed by | ||
this Act to the
extent deducted from gross income in | ||
the computation of taxable income
for the taxable | ||
year; | ||
(D) The amount of any net operating loss deduction | ||
taken in arriving at
taxable income, other than a net | ||
operating loss carried forward from a
taxable year | ||
ending prior to December 31, 1986; | ||
(E) For taxable years in which a net operating | ||
loss carryback or
carryforward from a taxable year | ||
ending prior to December 31, 1986 is an
element of | ||
taxable income under paragraph (1) of subsection (e) | ||
or subparagraph
(E) of paragraph (2) of subsection | ||
(e), the amount by which addition
modifications other | ||
than those provided by this subparagraph (E) exceeded
| ||
subtraction modifications in such taxable year, with | ||
the following limitations
applied in the order that |
they are listed: | ||
(i) the addition modification relating to the | ||
net operating loss
carried back or forward to the | ||
taxable year from any taxable year ending
prior to | ||
December 31, 1986 shall be reduced by the amount | ||
of addition
modification under this subparagraph | ||
(E) which related to that net
operating loss and | ||
which was taken into account in calculating the | ||
base
income of an earlier taxable year, and | ||
(ii) the addition modification relating to the | ||
net operating loss
carried back or forward to the | ||
taxable year from any taxable year ending
prior to | ||
December 31, 1986 shall not exceed the amount of | ||
such carryback or
carryforward; | ||
For taxable years in which there is a net | ||
operating loss carryback or
carryforward from more | ||
than one other taxable year ending prior to December
| ||
31, 1986, the addition modification provided in this | ||
subparagraph (E) shall
be the sum of the amounts | ||
computed independently under the preceding
provisions | ||
of this subparagraph (E) for each such taxable year; | ||
(F) For taxable years ending on or after January | ||
1, 1989, an amount
equal to the tax deducted pursuant | ||
to Section 164 of the Internal Revenue
Code if the | ||
trust or estate is claiming the same tax for purposes | ||
of the
Illinois foreign tax credit under Section 601 |
of this Act; | ||
(G) An amount equal to the amount of the capital | ||
gain deduction
allowable under the Internal Revenue | ||
Code, to the extent deducted from
gross income in the | ||
computation of taxable income; | ||
(G-5) For taxable years ending after December 31, | ||
1997, an
amount equal to any eligible remediation | ||
costs that the trust or estate
deducted in computing | ||
adjusted gross income and for which the trust
or | ||
estate claims a credit under subsection (l) of Section | ||
201; | ||
(G-10) For taxable years 2001 and thereafter, an | ||
amount equal to the
bonus depreciation deduction taken | ||
on the taxpayer's federal income tax return for the | ||
taxable
year under subsection (k) of Section 168 of | ||
the Internal Revenue Code; and | ||
(G-11) If the taxpayer sells, transfers, abandons, | ||
or otherwise disposes of property for which the | ||
taxpayer was required in any taxable year to
make an | ||
addition modification under subparagraph (G-10), then | ||
an amount equal
to the aggregate amount of the | ||
deductions taken in all taxable
years under | ||
subparagraph (R) with respect to that property. | ||
If the taxpayer continues to own property through | ||
the last day of the last tax year for which a | ||
subtraction is allowed with respect to that property |
under subparagraph (R) and for which the taxpayer was | ||
allowed in any taxable year to make a subtraction | ||
modification under subparagraph (R), then an amount | ||
equal to that subtraction modification.
| ||
The taxpayer is required to make the addition | ||
modification under this
subparagraph
only once with | ||
respect to any one piece of property; | ||
(G-12) An amount equal to the amount otherwise | ||
allowed as a deduction in computing base income for | ||
interest paid, accrued, or incurred, directly or | ||
indirectly, (i) for taxable years ending on or after | ||
December 31, 2004, to a foreign person who would be a | ||
member of the same unitary business group but for the | ||
fact that the foreign person's business activity | ||
outside the United States is 80% or more of the foreign | ||
person's total business activity and (ii) for taxable | ||
years ending on or after December 31, 2008, to a person | ||
who would be a member of the same unitary business | ||
group but for the fact that the person is prohibited | ||
under Section 1501(a)(27) from being included in the | ||
unitary business group because he or she is ordinarily | ||
required to apportion business income under different | ||
subsections of Section 304. The addition modification | ||
required by this subparagraph shall be reduced to the | ||
extent that dividends were included in base income of | ||
the unitary group for the same taxable year and |
received by the taxpayer or by a member of the | ||
taxpayer's unitary business group (including amounts | ||
included in gross income pursuant to Sections 951 | ||
through 964 of the Internal Revenue Code and amounts | ||
included in gross income under Section 78 of the | ||
Internal Revenue Code) with respect to the stock of | ||
the same person to whom the interest was paid, | ||
accrued, or incurred.
| ||
This paragraph shall not apply to the following:
| ||
(i) an item of interest paid, accrued, or | ||
incurred, directly or indirectly, to a person who | ||
is subject in a foreign country or state, other | ||
than a state which requires mandatory unitary | ||
reporting, to a tax on or measured by net income | ||
with respect to such interest; or | ||
(ii) an item of interest paid, accrued, or | ||
incurred, directly or indirectly, to a person if | ||
the taxpayer can establish, based on a | ||
preponderance of the evidence, both of the | ||
following: | ||
(a) the person, during the same taxable | ||
year, paid, accrued, or incurred, the interest | ||
to a person that is not a related member, and | ||
(b) the transaction giving rise to the | ||
interest expense between the taxpayer and the | ||
person did not have as a principal purpose the |
avoidance of Illinois income tax, and is paid | ||
pursuant to a contract or agreement that | ||
reflects an arm's-length interest rate and | ||
terms; or
| ||
(iii) the taxpayer can establish, based on | ||
clear and convincing evidence, that the interest | ||
paid, accrued, or incurred relates to a contract | ||
or agreement entered into at arm's-length rates | ||
and terms and the principal purpose for the | ||
payment is not federal or Illinois tax avoidance; | ||
or
| ||
(iv) an item of interest paid, accrued, or | ||
incurred, directly or indirectly, to a person if | ||
the taxpayer establishes by clear and convincing | ||
evidence that the adjustments are unreasonable; or | ||
if the taxpayer and the Director agree in writing | ||
to the application or use of an alternative method | ||
of apportionment under Section 304(f).
| ||
Nothing in this subsection shall preclude the | ||
Director from making any other adjustment | ||
otherwise allowed under Section 404 of this Act | ||
for any tax year beginning after the effective | ||
date of this amendment provided such adjustment is | ||
made pursuant to regulation adopted by the | ||
Department and such regulations provide methods | ||
and standards by which the Department will utilize |
its authority under Section 404 of this Act;
| ||
(G-13) An amount equal to the amount of intangible | ||
expenses and costs otherwise allowed as a deduction in | ||
computing base income, and that were paid, accrued, or | ||
incurred, directly or indirectly, (i) for taxable | ||
years ending on or after December 31, 2004, to a | ||
foreign person who would be a member of the same | ||
unitary business group but for the fact that the | ||
foreign person's business activity outside the United | ||
States is 80% or more of that person's total business | ||
activity and (ii) for taxable years ending on or after | ||
December 31, 2008, to a person who would be a member of | ||
the same unitary business group but for the fact that | ||
the person is prohibited under Section 1501(a)(27) | ||
from being included in the unitary business group | ||
because he or she is ordinarily required to apportion | ||
business income under different subsections of Section | ||
304. The addition modification required by this | ||
subparagraph shall be reduced to the extent that | ||
dividends were included in base income of the unitary | ||
group for the same taxable year and received by the | ||
taxpayer or by a member of the taxpayer's unitary | ||
business group (including amounts included in gross | ||
income pursuant to Sections 951 through 964 of the | ||
Internal Revenue Code and amounts included in gross | ||
income under Section 78 of the Internal Revenue Code) |
with respect to the stock of the same person to whom | ||
the intangible expenses and costs were directly or | ||
indirectly paid, incurred, or accrued. The preceding | ||
sentence shall not apply to the extent that the same | ||
dividends caused a reduction to the addition | ||
modification required under Section 203(c)(2)(G-12) of | ||
this Act. As used in this subparagraph, the term | ||
"intangible expenses and costs" includes: (1) | ||
expenses, losses, and costs for or related to the | ||
direct or indirect acquisition, use, maintenance or | ||
management, ownership, sale, exchange, or any other | ||
disposition of intangible property; (2) losses | ||
incurred, directly or indirectly, from factoring | ||
transactions or discounting transactions; (3) royalty, | ||
patent, technical, and copyright fees; (4) licensing | ||
fees; and (5) other similar expenses and costs. For | ||
purposes of this subparagraph, "intangible property" | ||
includes patents, patent applications, trade names, | ||
trademarks, service marks, copyrights, mask works, | ||
trade secrets, and similar types of intangible assets. | ||
This paragraph shall not apply to the following: | ||
(i) any item of intangible expenses or costs | ||
paid, accrued, or incurred, directly or | ||
indirectly, from a transaction with a person who | ||
is subject in a foreign country or state, other | ||
than a state which requires mandatory unitary |
reporting, to a tax on or measured by net income | ||
with respect to such item; or | ||
(ii) any item of intangible expense or cost | ||
paid, accrued, or incurred, directly or | ||
indirectly, if the taxpayer can establish, based | ||
on a preponderance of the evidence, both of the | ||
following: | ||
(a) the person during the same taxable | ||
year paid, accrued, or incurred, the | ||
intangible expense or cost to a person that is | ||
not a related member, and | ||
(b) the transaction giving rise to the | ||
intangible expense or cost between the | ||
taxpayer and the person did not have as a | ||
principal purpose the avoidance of Illinois | ||
income tax, and is paid pursuant to a contract | ||
or agreement that reflects arm's-length terms; | ||
or | ||
(iii) any item of intangible expense or cost | ||
paid, accrued, or incurred, directly or | ||
indirectly, from a transaction with a person if | ||
the taxpayer establishes by clear and convincing | ||
evidence, that the adjustments are unreasonable; | ||
or if the taxpayer and the Director agree in | ||
writing to the application or use of an | ||
alternative method of apportionment under Section |
304(f);
| ||
Nothing in this subsection shall preclude the | ||
Director from making any other adjustment | ||
otherwise allowed under Section 404 of this Act | ||
for any tax year beginning after the effective | ||
date of this amendment provided such adjustment is | ||
made pursuant to regulation adopted by the | ||
Department and such regulations provide methods | ||
and standards by which the Department will utilize | ||
its authority under Section 404 of this Act;
| ||
(G-14) For taxable years ending on or after | ||
December 31, 2008, an amount equal to the amount of | ||
insurance premium expenses and costs otherwise allowed | ||
as a deduction in computing base income, and that were | ||
paid, accrued, or incurred, directly or indirectly, to | ||
a person who would be a member of the same unitary | ||
business group but for the fact that the person is | ||
prohibited under Section 1501(a)(27) from being | ||
included in the unitary business group because he or | ||
she is ordinarily required to apportion business | ||
income under different subsections of Section 304. The | ||
addition modification required by this subparagraph | ||
shall be reduced to the extent that dividends were | ||
included in base income of the unitary group for the | ||
same taxable year and received by the taxpayer or by a | ||
member of the taxpayer's unitary business group |
(including amounts included in gross income under | ||
Sections 951 through 964 of the Internal Revenue Code | ||
and amounts included in gross income under Section 78 | ||
of the Internal Revenue Code) with respect to the | ||
stock of the same person to whom the premiums and costs | ||
were directly or indirectly paid, incurred, or | ||
accrued. The preceding sentence does not apply to the | ||
extent that the same dividends caused a reduction to | ||
the addition modification required under Section | ||
203(c)(2)(G-12) or Section 203(c)(2)(G-13) of this | ||
Act; | ||
(G-15) An amount equal to the credit allowable to | ||
the taxpayer under Section 218(a) of this Act, | ||
determined without regard to Section 218(c) of this | ||
Act; | ||
(G-16) For taxable years ending on or after | ||
December 31, 2017, an amount equal to the deduction | ||
allowed under Section 199 of the Internal Revenue Code | ||
for the taxable year; | ||
and by deducting from the total so obtained the sum of the | ||
following
amounts: | ||
(H) An amount equal to all amounts included in | ||
such total pursuant
to the provisions of Sections | ||
402(a), 402(c), 403(a), 403(b), 406(a), 407(a)
and 408 | ||
of the Internal Revenue Code or included in such total | ||
as
distributions under the provisions of any |
retirement or disability plan for
employees of any | ||
governmental agency or unit, or retirement payments to
| ||
retired partners, which payments are excluded in | ||
computing net earnings
from self employment by Section | ||
1402 of the Internal Revenue Code and
regulations | ||
adopted pursuant thereto; | ||
(I) The valuation limitation amount; | ||
(J) An amount equal to the amount of any tax | ||
imposed by this Act
which was refunded to the taxpayer | ||
and included in such total for the
taxable year; | ||
(K) An amount equal to all amounts included in | ||
taxable income as
modified by subparagraphs (A), (B), | ||
(C), (D), (E), (F) and (G) which
are exempt from | ||
taxation by this State either by reason of its | ||
statutes or
Constitution
or by reason of the | ||
Constitution, treaties or statutes of the United | ||
States;
provided that, in the case of any statute of | ||
this State that exempts income
derived from bonds or | ||
other obligations from the tax imposed under this Act,
| ||
the amount exempted shall be the interest net of bond | ||
premium amortization; | ||
(L) With the exception of any amounts subtracted | ||
under subparagraph
(K),
an amount equal to the sum of | ||
all amounts disallowed as
deductions by (i) Sections | ||
171(a)(2) and 265(a)(2) of the Internal Revenue
Code, | ||
and all amounts of expenses allocable
to interest and |
disallowed as deductions by Section 265(a)(1) of the | ||
Internal
Revenue Code;
and (ii) for taxable years
| ||
ending on or after August 13, 1999, Sections
| ||
171(a)(2), 265,
280C, and 832(b)(5)(B)(i) of the | ||
Internal Revenue Code, plus, (iii) for taxable years | ||
ending on or after December 31, 2011, Section | ||
45G(e)(3) of the Internal Revenue Code and, for | ||
taxable years ending on or after December 31, 2008, | ||
any amount included in gross income under Section 87 | ||
of the Internal Revenue Code; the provisions of this
| ||
subparagraph are exempt from the provisions of Section | ||
250; | ||
(M) An amount equal to those dividends included in | ||
such total
which were paid by a corporation which | ||
conducts business operations in a River Edge | ||
Redevelopment Zone or zones created under the River | ||
Edge Redevelopment Zone Act and
conducts substantially | ||
all of its operations in a River Edge Redevelopment | ||
Zone or zones. This subparagraph (M) is exempt from | ||
the provisions of Section 250; | ||
(N) An amount equal to any contribution made to a | ||
job training
project established pursuant to the Tax | ||
Increment Allocation
Redevelopment Act; | ||
(O) An amount equal to those dividends included in | ||
such total
that were paid by a corporation that | ||
conducts business operations in a
federally designated |
Foreign Trade Zone or Sub-Zone and that is designated
| ||
a High Impact Business located in Illinois; provided | ||
that dividends eligible
for the deduction provided in | ||
subparagraph (M) of paragraph (2) of this
subsection | ||
shall not be eligible for the deduction provided under | ||
this
subparagraph (O); | ||
(P) An amount equal to the amount of the deduction | ||
used to compute the
federal income tax credit for | ||
restoration of substantial amounts held under
claim of | ||
right for the taxable year pursuant to Section 1341 of | ||
the
Internal Revenue Code; | ||
(Q) For taxable year 1999 and thereafter, an | ||
amount equal to the
amount of any
(i) distributions, | ||
to the extent includible in gross income for
federal | ||
income tax purposes, made to the taxpayer because of
| ||
his or her status as a victim of
persecution for racial | ||
or religious reasons by Nazi Germany or any other Axis
| ||
regime or as an heir of the victim and (ii) items
of | ||
income, to the extent
includible in gross income for | ||
federal income tax purposes, attributable to,
derived | ||
from or in any way related to assets stolen from, | ||
hidden from, or
otherwise lost to a victim of
| ||
persecution for racial or religious reasons by Nazi
| ||
Germany or any other Axis regime
immediately prior to, | ||
during, and immediately after World War II, including,
| ||
but
not limited to, interest on the proceeds |
receivable as insurance
under policies issued to a | ||
victim of persecution for racial or religious
reasons | ||
by Nazi Germany or any other Axis regime by European | ||
insurance
companies
immediately prior to and during | ||
World War II;
provided, however, this subtraction from | ||
federal adjusted gross income does not
apply to assets | ||
acquired with such assets or with the proceeds from | ||
the sale of
such assets; provided, further, this | ||
paragraph shall only apply to a taxpayer
who was the | ||
first recipient of such assets after their recovery | ||
and who is a
victim of
persecution for racial or | ||
religious reasons
by Nazi Germany or any other Axis | ||
regime or as an heir of the victim. The
amount of and | ||
the eligibility for any public assistance, benefit, or
| ||
similar entitlement is not affected by the inclusion | ||
of items (i) and (ii) of
this paragraph in gross income | ||
for federal income tax purposes.
This paragraph is | ||
exempt from the provisions of Section 250; | ||
(R) For taxable years 2001 and thereafter, for the | ||
taxable year in
which the bonus depreciation deduction
| ||
is taken on the taxpayer's federal income tax return | ||
under
subsection (k) of Section 168 of the Internal | ||
Revenue Code and for each
applicable taxable year | ||
thereafter, an amount equal to "x", where: | ||
(1) "y" equals the amount of the depreciation | ||
deduction taken for the
taxable year
on the |
taxpayer's federal income tax return on property | ||
for which the bonus
depreciation deduction
was | ||
taken in any year under subsection (k) of Section | ||
168 of the Internal
Revenue Code, but not | ||
including the bonus depreciation deduction; | ||
(2) for taxable years ending on or before | ||
December 31, 2005, "x" equals "y" multiplied by 30 | ||
and then divided by 70 (or "y"
multiplied by | ||
0.429); and | ||
(3) for taxable years ending after December | ||
31, 2005: | ||
(i) for property on which a bonus | ||
depreciation deduction of 30% of the adjusted | ||
basis was taken, "x" equals "y" multiplied by | ||
30 and then divided by 70 (or "y"
multiplied | ||
by 0.429); | ||
(ii) for property on which a bonus | ||
depreciation deduction of 50% of the adjusted | ||
basis was taken, "x" equals "y" multiplied by | ||
1.0; | ||
(iii) for property on which a bonus | ||
depreciation deduction of 100% of the adjusted | ||
basis was taken in a taxable year ending on or | ||
after December 31, 2021, "x" equals the | ||
depreciation deduction that would be allowed | ||
on that property if the taxpayer had made the |
election under Section 168(k)(7) of the | ||
Internal Revenue Code to not claim bonus | ||
depreciation on that property; and | ||
(iv) for property on which a bonus | ||
depreciation deduction of a percentage other | ||
than 30%, 50% or 100% of the adjusted basis | ||
was taken in a taxable year ending on or after | ||
December 31, 2021, "x" equals "y" multiplied | ||
by 100 times the percentage bonus depreciation | ||
on the property (that is, 100(bonus%)) and | ||
then divided by 100 times 1 minus the | ||
percentage bonus depreciation on the property | ||
(that is, 100(1–bonus%)). | ||
The aggregate amount deducted under this | ||
subparagraph in all taxable
years for any one piece of | ||
property may not exceed the amount of the bonus
| ||
depreciation deduction
taken on that property on the | ||
taxpayer's federal income tax return under
subsection | ||
(k) of Section 168 of the Internal Revenue Code. This | ||
subparagraph (R) is exempt from the provisions of | ||
Section 250; | ||
(S) If the taxpayer sells, transfers, abandons, or | ||
otherwise disposes of
property for which the taxpayer | ||
was required in any taxable year to make an
addition | ||
modification under subparagraph (G-10), then an amount | ||
equal to that
addition modification. |
If the taxpayer continues to own property through | ||
the last day of the last tax year for which a | ||
subtraction is allowed with respect to that property | ||
under subparagraph (R) and for which the taxpayer was | ||
required in any taxable year to make an addition | ||
modification under subparagraph (G-10), then an amount | ||
equal to that addition modification.
| ||
The taxpayer is allowed to take the deduction | ||
under this subparagraph
only once with respect to any | ||
one piece of property. | ||
This subparagraph (S) is exempt from the | ||
provisions of Section 250; | ||
(T) The amount of (i) any interest income (net of | ||
the deductions allocable thereto) taken into account | ||
for the taxable year with respect to a transaction | ||
with a taxpayer that is required to make an addition | ||
modification with respect to such transaction under | ||
Section 203(a)(2)(D-17), 203(b)(2)(E-12), | ||
203(c)(2)(G-12), or 203(d)(2)(D-7), but not to exceed | ||
the amount of such addition modification and
(ii) any | ||
income from intangible property (net of the deductions | ||
allocable thereto) taken into account for the taxable | ||
year with respect to a transaction with a taxpayer | ||
that is required to make an addition modification with | ||
respect to such transaction under Section | ||
203(a)(2)(D-18), 203(b)(2)(E-13), 203(c)(2)(G-13), or |
203(d)(2)(D-8), but not to exceed the amount of such | ||
addition modification. This subparagraph (T) is exempt | ||
from the provisions of Section 250;
| ||
(U) An amount equal to the interest income taken | ||
into account for the taxable year (net of the | ||
deductions allocable thereto) with respect to | ||
transactions with (i) a foreign person who would be a | ||
member of the taxpayer's unitary business group but | ||
for the fact the foreign person's business activity | ||
outside the United States is 80% or more of that | ||
person's total business activity and (ii) for taxable | ||
years ending on or after December 31, 2008, to a person | ||
who would be a member of the same unitary business | ||
group but for the fact that the person is prohibited | ||
under Section 1501(a)(27) from being included in the | ||
unitary business group because he or she is ordinarily | ||
required to apportion business income under different | ||
subsections of Section 304, but not to exceed the | ||
addition modification required to be made for the same | ||
taxable year under Section 203(c)(2)(G-12) for | ||
interest paid, accrued, or incurred, directly or | ||
indirectly, to the same person. This subparagraph (U) | ||
is exempt from the provisions of Section 250; | ||
(V) An amount equal to the income from intangible | ||
property taken into account for the taxable year (net | ||
of the deductions allocable thereto) with respect to |
transactions with (i) a foreign person who would be a | ||
member of the taxpayer's unitary business group but | ||
for the fact that the foreign person's business | ||
activity outside the United States is 80% or more of | ||
that person's total business activity and (ii) for | ||
taxable years ending on or after December 31, 2008, to | ||
a person who would be a member of the same unitary | ||
business group but for the fact that the person is | ||
prohibited under Section 1501(a)(27) from being | ||
included in the unitary business group because he or | ||
she is ordinarily required to apportion business | ||
income under different subsections of Section 304, but | ||
not to exceed the addition modification required to be | ||
made for the same taxable year under Section | ||
203(c)(2)(G-13) for intangible expenses and costs | ||
paid, accrued, or incurred, directly or indirectly, to | ||
the same foreign person. This subparagraph (V) is | ||
exempt from the provisions of Section 250;
| ||
(W) in the case of an estate, an amount equal to | ||
all amounts included in such total pursuant to the | ||
provisions of Section 111 of the Internal Revenue Code | ||
as a recovery of items previously deducted by the | ||
decedent from adjusted gross income in the computation | ||
of taxable income. This subparagraph (W) is exempt | ||
from Section 250; | ||
(X) an amount equal to the refund included in such |
total of any tax deducted for federal income tax | ||
purposes, to the extent that deduction was added back | ||
under subparagraph (F). This subparagraph (X) is | ||
exempt from the provisions of Section 250; | ||
(Y) For taxable years ending on or after December | ||
31, 2011, in the case of a taxpayer who was required to | ||
add back any insurance premiums under Section | ||
203(c)(2)(G-14), such taxpayer may elect to subtract | ||
that part of a reimbursement received from the | ||
insurance company equal to the amount of the expense | ||
or loss (including expenses incurred by the insurance | ||
company) that would have been taken into account as a | ||
deduction for federal income tax purposes if the | ||
expense or loss had been uninsured. If a taxpayer | ||
makes the election provided for by this subparagraph | ||
(Y), the insurer to which the premiums were paid must | ||
add back to income the amount subtracted by the | ||
taxpayer pursuant to this subparagraph (Y). This | ||
subparagraph (Y) is exempt from the provisions of | ||
Section 250; and | ||
(Z) For taxable years beginning after December 31, | ||
2018 and before January 1, 2026, the amount of excess | ||
business loss of the taxpayer disallowed as a | ||
deduction by Section 461(l)(1)(B) of the Internal | ||
Revenue Code ; and . | ||
(AA) For taxable years beginning on or after |
January 1, 2023, for any cannabis establishment | ||
operating in this State and licensed under the | ||
Cannabis Regulation and Tax Act or any cannabis | ||
cultivation center or medical cannabis dispensing | ||
organization operating in this State and licensed | ||
under the Compassionate Use of Medical Cannabis | ||
Program Act, an amount equal to the deductions that | ||
were disallowed under Section 280E of the Internal | ||
Revenue Code for the taxable year and that would not be | ||
added back under this subsection. The provisions of | ||
this subparagraph (AA) are exempt from the provisions | ||
of Section 250. | ||
(3) Limitation. The amount of any modification | ||
otherwise required
under this subsection shall, under | ||
regulations prescribed by the
Department, be adjusted by | ||
any amounts included therein which were
properly paid, | ||
credited, or required to be distributed, or permanently | ||
set
aside for charitable purposes pursuant to Internal | ||
Revenue Code Section
642(c) during the taxable year. | ||
(d) Partnerships. | ||
(1) In general. In the case of a partnership, base | ||
income means an
amount equal to the taxpayer's taxable | ||
income for the taxable year as
modified by paragraph (2). | ||
(2) Modifications. The taxable income referred to in | ||
paragraph (1)
shall be modified by adding thereto the sum |
of the following amounts: | ||
(A) An amount equal to all amounts paid or accrued | ||
to the taxpayer as
interest or dividends during the | ||
taxable year to the extent excluded from
gross income | ||
in the computation of taxable income; | ||
(B) An amount equal to the amount of tax imposed by | ||
this Act to the
extent deducted from gross income for | ||
the taxable year; | ||
(C) The amount of deductions allowed to the | ||
partnership pursuant to
Section 707 (c) of the | ||
Internal Revenue Code in calculating its taxable | ||
income; | ||
(D) An amount equal to the amount of the capital | ||
gain deduction
allowable under the Internal Revenue | ||
Code, to the extent deducted from
gross income in the | ||
computation of taxable income; | ||
(D-5) For taxable years 2001 and thereafter, an | ||
amount equal to the
bonus depreciation deduction taken | ||
on the taxpayer's federal income tax return for the | ||
taxable
year under subsection (k) of Section 168 of | ||
the Internal Revenue Code; | ||
(D-6) If the taxpayer sells, transfers, abandons, | ||
or otherwise disposes of
property for which the | ||
taxpayer was required in any taxable year to make an
| ||
addition modification under subparagraph (D-5), then | ||
an amount equal to the
aggregate amount of the |
deductions taken in all taxable years
under | ||
subparagraph (O) with respect to that property. | ||
If the taxpayer continues to own property through | ||
the last day of the last tax year for which a | ||
subtraction is allowed with respect to that property | ||
under subparagraph (O) and for which the taxpayer was | ||
allowed in any taxable year to make a subtraction | ||
modification under subparagraph (O), then an amount | ||
equal to that subtraction modification.
| ||
The taxpayer is required to make the addition | ||
modification under this
subparagraph
only once with | ||
respect to any one piece of property; | ||
(D-7) An amount equal to the amount otherwise | ||
allowed as a deduction in computing base income for | ||
interest paid, accrued, or incurred, directly or | ||
indirectly, (i) for taxable years ending on or after | ||
December 31, 2004, to a foreign person who would be a | ||
member of the same unitary business group but for the | ||
fact the foreign person's business activity outside | ||
the United States is 80% or more of the foreign | ||
person's total business activity and (ii) for taxable | ||
years ending on or after December 31, 2008, to a person | ||
who would be a member of the same unitary business | ||
group but for the fact that the person is prohibited | ||
under Section 1501(a)(27) from being included in the | ||
unitary business group because he or she is ordinarily |
required to apportion business income under different | ||
subsections of Section 304. The addition modification | ||
required by this subparagraph shall be reduced to the | ||
extent that dividends were included in base income of | ||
the unitary group for the same taxable year and | ||
received by the taxpayer or by a member of the | ||
taxpayer's unitary business group (including amounts | ||
included in gross income pursuant to Sections 951 | ||
through 964 of the Internal Revenue Code and amounts | ||
included in gross income under Section 78 of the | ||
Internal Revenue Code) with respect to the stock of | ||
the same person to whom the interest was paid, | ||
accrued, or incurred.
| ||
This paragraph shall not apply to the following:
| ||
(i) an item of interest paid, accrued, or | ||
incurred, directly or indirectly, to a person who | ||
is subject in a foreign country or state, other | ||
than a state which requires mandatory unitary | ||
reporting, to a tax on or measured by net income | ||
with respect to such interest; or | ||
(ii) an item of interest paid, accrued, or | ||
incurred, directly or indirectly, to a person if | ||
the taxpayer can establish, based on a | ||
preponderance of the evidence, both of the | ||
following: | ||
(a) the person, during the same taxable |
year, paid, accrued, or incurred, the interest | ||
to a person that is not a related member, and | ||
(b) the transaction giving rise to the | ||
interest expense between the taxpayer and the | ||
person did not have as a principal purpose the | ||
avoidance of Illinois income tax, and is paid | ||
pursuant to a contract or agreement that | ||
reflects an arm's-length interest rate and | ||
terms; or
| ||
(iii) the taxpayer can establish, based on | ||
clear and convincing evidence, that the interest | ||
paid, accrued, or incurred relates to a contract | ||
or agreement entered into at arm's-length rates | ||
and terms and the principal purpose for the | ||
payment is not federal or Illinois tax avoidance; | ||
or
| ||
(iv) an item of interest paid, accrued, or | ||
incurred, directly or indirectly, to a person if | ||
the taxpayer establishes by clear and convincing | ||
evidence that the adjustments are unreasonable; or | ||
if the taxpayer and the Director agree in writing | ||
to the application or use of an alternative method | ||
of apportionment under Section 304(f).
| ||
Nothing in this subsection shall preclude the | ||
Director from making any other adjustment | ||
otherwise allowed under Section 404 of this Act |
for any tax year beginning after the effective | ||
date of this amendment provided such adjustment is | ||
made pursuant to regulation adopted by the | ||
Department and such regulations provide methods | ||
and standards by which the Department will utilize | ||
its authority under Section 404 of this Act; and
| ||
(D-8) An amount equal to the amount of intangible | ||
expenses and costs otherwise allowed as a deduction in | ||
computing base income, and that were paid, accrued, or | ||
incurred, directly or indirectly, (i) for taxable | ||
years ending on or after December 31, 2004, to a | ||
foreign person who would be a member of the same | ||
unitary business group but for the fact that the | ||
foreign person's business activity outside the United | ||
States is 80% or more of that person's total business | ||
activity and (ii) for taxable years ending on or after | ||
December 31, 2008, to a person who would be a member of | ||
the same unitary business group but for the fact that | ||
the person is prohibited under Section 1501(a)(27) | ||
from being included in the unitary business group | ||
because he or she is ordinarily required to apportion | ||
business income under different subsections of Section | ||
304. The addition modification required by this | ||
subparagraph shall be reduced to the extent that | ||
dividends were included in base income of the unitary | ||
group for the same taxable year and received by the |
taxpayer or by a member of the taxpayer's unitary | ||
business group (including amounts included in gross | ||
income pursuant to Sections 951 through 964 of the | ||
Internal Revenue Code and amounts included in gross | ||
income under Section 78 of the Internal Revenue Code) | ||
with respect to the stock of the same person to whom | ||
the intangible expenses and costs were directly or | ||
indirectly paid, incurred or accrued. The preceding | ||
sentence shall not apply to the extent that the same | ||
dividends caused a reduction to the addition | ||
modification required under Section 203(d)(2)(D-7) of | ||
this Act. As used in this subparagraph, the term | ||
"intangible expenses and costs" includes (1) expenses, | ||
losses, and costs for, or related to, the direct or | ||
indirect acquisition, use, maintenance or management, | ||
ownership, sale, exchange, or any other disposition of | ||
intangible property; (2) losses incurred, directly or | ||
indirectly, from factoring transactions or discounting | ||
transactions; (3) royalty, patent, technical, and | ||
copyright fees; (4) licensing fees; and (5) other | ||
similar expenses and costs. For purposes of this | ||
subparagraph, "intangible property" includes patents, | ||
patent applications, trade names, trademarks, service | ||
marks, copyrights, mask works, trade secrets, and | ||
similar types of intangible assets; | ||
This paragraph shall not apply to the following: |
(i) any item of intangible expenses or costs | ||
paid, accrued, or incurred, directly or | ||
indirectly, from a transaction with a person who | ||
is subject in a foreign country or state, other | ||
than a state which requires mandatory unitary | ||
reporting, to a tax on or measured by net income | ||
with respect to such item; or | ||
(ii) any item of intangible expense or cost | ||
paid, accrued, or incurred, directly or | ||
indirectly, if the taxpayer can establish, based | ||
on a preponderance of the evidence, both of the | ||
following: | ||
(a) the person during the same taxable | ||
year paid, accrued, or incurred, the | ||
intangible expense or cost to a person that is | ||
not a related member, and | ||
(b) the transaction giving rise to the | ||
intangible expense or cost between the | ||
taxpayer and the person did not have as a | ||
principal purpose the avoidance of Illinois | ||
income tax, and is paid pursuant to a contract | ||
or agreement that reflects arm's-length terms; | ||
or | ||
(iii) any item of intangible expense or cost | ||
paid, accrued, or incurred, directly or | ||
indirectly, from a transaction with a person if |
the taxpayer establishes by clear and convincing | ||
evidence, that the adjustments are unreasonable; | ||
or if the taxpayer and the Director agree in | ||
writing to the application or use of an | ||
alternative method of apportionment under Section | ||
304(f);
| ||
Nothing in this subsection shall preclude the | ||
Director from making any other adjustment | ||
otherwise allowed under Section 404 of this Act | ||
for any tax year beginning after the effective | ||
date of this amendment provided such adjustment is | ||
made pursuant to regulation adopted by the | ||
Department and such regulations provide methods | ||
and standards by which the Department will utilize | ||
its authority under Section 404 of this Act;
| ||
(D-9) For taxable years ending on or after | ||
December 31, 2008, an amount equal to the amount of | ||
insurance premium expenses and costs otherwise allowed | ||
as a deduction in computing base income, and that were | ||
paid, accrued, or incurred, directly or indirectly, to | ||
a person who would be a member of the same unitary | ||
business group but for the fact that the person is | ||
prohibited under Section 1501(a)(27) from being | ||
included in the unitary business group because he or | ||
she is ordinarily required to apportion business | ||
income under different subsections of Section 304. The |
addition modification required by this subparagraph | ||
shall be reduced to the extent that dividends were | ||
included in base income of the unitary group for the | ||
same taxable year and received by the taxpayer or by a | ||
member of the taxpayer's unitary business group | ||
(including amounts included in gross income under | ||
Sections 951 through 964 of the Internal Revenue Code | ||
and amounts included in gross income under Section 78 | ||
of the Internal Revenue Code) with respect to the | ||
stock of the same person to whom the premiums and costs | ||
were directly or indirectly paid, incurred, or | ||
accrued. The preceding sentence does not apply to the | ||
extent that the same dividends caused a reduction to | ||
the addition modification required under Section | ||
203(d)(2)(D-7) or Section 203(d)(2)(D-8) of this Act; | ||
(D-10) An amount equal to the credit allowable to | ||
the taxpayer under Section 218(a) of this Act, | ||
determined without regard to Section 218(c) of this | ||
Act; | ||
(D-11) For taxable years ending on or after | ||
December 31, 2017, an amount equal to the deduction | ||
allowed under Section 199 of the Internal Revenue Code | ||
for the taxable year; | ||
and by deducting from the total so obtained the following | ||
amounts: | ||
(E) The valuation limitation amount; |
(F) An amount equal to the amount of any tax | ||
imposed by this Act which
was refunded to the taxpayer | ||
and included in such total for the taxable year; | ||
(G) An amount equal to all amounts included in | ||
taxable income as
modified by subparagraphs (A), (B), | ||
(C) and (D) which are exempt from
taxation by this | ||
State either by reason of its statutes or Constitution | ||
or
by reason of
the Constitution, treaties or statutes | ||
of the United States;
provided that, in the case of any | ||
statute of this State that exempts income
derived from | ||
bonds or other obligations from the tax imposed under | ||
this Act,
the amount exempted shall be the interest | ||
net of bond premium amortization; | ||
(H) Any income of the partnership which | ||
constitutes personal service
income as defined in | ||
Section 1348(b)(1) of the Internal Revenue Code (as
in | ||
effect December 31, 1981) or a reasonable allowance | ||
for compensation
paid or accrued for services rendered | ||
by partners to the partnership,
whichever is greater; | ||
this subparagraph (H) is exempt from the provisions of | ||
Section 250; | ||
(I) An amount equal to all amounts of income | ||
distributable to an entity
subject to the Personal | ||
Property Tax Replacement Income Tax imposed by
| ||
subsections (c) and (d) of Section 201 of this Act | ||
including amounts
distributable to organizations |
exempt from federal income tax by reason of
Section | ||
501(a) of the Internal Revenue Code; this subparagraph | ||
(I) is exempt from the provisions of Section 250; | ||
(J) With the exception of any amounts subtracted | ||
under subparagraph
(G),
an amount equal to the sum of | ||
all amounts disallowed as deductions
by (i) Sections | ||
171(a)(2) and 265(a)(2) of the Internal Revenue Code, | ||
and all amounts of expenses allocable to
interest and | ||
disallowed as deductions by Section 265(a)(1) of the | ||
Internal
Revenue Code;
and (ii) for taxable years
| ||
ending on or after August 13, 1999, Sections
| ||
171(a)(2), 265,
280C, and 832(b)(5)(B)(i) of the | ||
Internal Revenue Code, plus, (iii) for taxable years | ||
ending on or after December 31, 2011, Section | ||
45G(e)(3) of the Internal Revenue Code and, for | ||
taxable years ending on or after December 31, 2008, | ||
any amount included in gross income under Section 87 | ||
of the Internal Revenue Code; the provisions of this
| ||
subparagraph are exempt from the provisions of Section | ||
250; | ||
(K) An amount equal to those dividends included in | ||
such total which were
paid by a corporation which | ||
conducts business operations in a River Edge | ||
Redevelopment Zone or zones created under the River | ||
Edge Redevelopment Zone Act and
conducts substantially | ||
all of its operations
from a River Edge Redevelopment |
Zone or zones. This subparagraph (K) is exempt from | ||
the provisions of Section 250; | ||
(L) An amount equal to any contribution made to a | ||
job training project
established pursuant to the Real | ||
Property Tax Increment Allocation
Redevelopment Act; | ||
(M) An amount equal to those dividends included in | ||
such total
that were paid by a corporation that | ||
conducts business operations in a
federally designated | ||
Foreign Trade Zone or Sub-Zone and that is designated | ||
a
High Impact Business located in Illinois; provided | ||
that dividends eligible
for the deduction provided in | ||
subparagraph (K) of paragraph (2) of this
subsection | ||
shall not be eligible for the deduction provided under | ||
this
subparagraph (M); | ||
(N) An amount equal to the amount of the deduction | ||
used to compute the
federal income tax credit for | ||
restoration of substantial amounts held under
claim of | ||
right for the taxable year pursuant to Section 1341 of | ||
the
Internal Revenue Code; | ||
(O) For taxable years 2001 and thereafter, for the | ||
taxable year in
which the bonus depreciation deduction
| ||
is taken on the taxpayer's federal income tax return | ||
under
subsection (k) of Section 168 of the Internal | ||
Revenue Code and for each
applicable taxable year | ||
thereafter, an amount equal to "x", where: | ||
(1) "y" equals the amount of the depreciation |
deduction taken for the
taxable year
on the | ||
taxpayer's federal income tax return on property | ||
for which the bonus
depreciation deduction
was | ||
taken in any year under subsection (k) of Section | ||
168 of the Internal
Revenue Code, but not | ||
including the bonus depreciation deduction; | ||
(2) for taxable years ending on or before | ||
December 31, 2005, "x" equals "y" multiplied by 30 | ||
and then divided by 70 (or "y"
multiplied by | ||
0.429); and | ||
(3) for taxable years ending after December | ||
31, 2005: | ||
(i) for property on which a bonus | ||
depreciation deduction of 30% of the adjusted | ||
basis was taken, "x" equals "y" multiplied by | ||
30 and then divided by 70 (or "y"
multiplied | ||
by 0.429); | ||
(ii) for property on which a bonus | ||
depreciation deduction of 50% of the adjusted | ||
basis was taken, "x" equals "y" multiplied by | ||
1.0; | ||
(iii) for property on which a bonus | ||
depreciation deduction of 100% of the adjusted | ||
basis was taken in a taxable year ending on or | ||
after December 31, 2021, "x" equals the | ||
depreciation deduction that would be allowed |
on that property if the taxpayer had made the | ||
election under Section 168(k)(7) of the | ||
Internal Revenue Code to not claim bonus | ||
depreciation on that property; and | ||
(iv) for property on which a bonus | ||
depreciation deduction of a percentage other | ||
than 30%, 50% or 100% of the adjusted basis | ||
was taken in a taxable year ending on or after | ||
December 31, 2021, "x" equals "y" multiplied | ||
by 100 times the percentage bonus depreciation | ||
on the property (that is, 100(bonus%)) and | ||
then divided by 100 times 1 minus the | ||
percentage bonus depreciation on the property | ||
(that is, 100(1–bonus%)). | ||
The aggregate amount deducted under this | ||
subparagraph in all taxable
years for any one piece of | ||
property may not exceed the amount of the bonus
| ||
depreciation deduction
taken on that property on the | ||
taxpayer's federal income tax return under
subsection | ||
(k) of Section 168 of the Internal Revenue Code. This | ||
subparagraph (O) is exempt from the provisions of | ||
Section 250; | ||
(P) If the taxpayer sells, transfers, abandons, or | ||
otherwise disposes of
property for which the taxpayer | ||
was required in any taxable year to make an
addition | ||
modification under subparagraph (D-5), then an amount |
equal to that
addition modification. | ||
If the taxpayer continues to own property through | ||
the last day of the last tax year for which a | ||
subtraction is allowed with respect to that property | ||
under subparagraph (O) and for which the taxpayer was | ||
required in any taxable year to make an addition | ||
modification under subparagraph (D-5), then an amount | ||
equal to that addition modification.
| ||
The taxpayer is allowed to take the deduction | ||
under this subparagraph
only once with respect to any | ||
one piece of property. | ||
This subparagraph (P) is exempt from the | ||
provisions of Section 250; | ||
(Q) The amount of (i) any interest income (net of | ||
the deductions allocable thereto) taken into account | ||
for the taxable year with respect to a transaction | ||
with a taxpayer that is required to make an addition | ||
modification with respect to such transaction under | ||
Section 203(a)(2)(D-17), 203(b)(2)(E-12), | ||
203(c)(2)(G-12), or 203(d)(2)(D-7), but not to exceed | ||
the amount of such addition modification and
(ii) any | ||
income from intangible property (net of the deductions | ||
allocable thereto) taken into account for the taxable | ||
year with respect to a transaction with a taxpayer | ||
that is required to make an addition modification with | ||
respect to such transaction under Section |
203(a)(2)(D-18), 203(b)(2)(E-13), 203(c)(2)(G-13), or | ||
203(d)(2)(D-8), but not to exceed the amount of such | ||
addition modification. This subparagraph (Q) is exempt | ||
from Section 250;
| ||
(R) An amount equal to the interest income taken | ||
into account for the taxable year (net of the | ||
deductions allocable thereto) with respect to | ||
transactions with (i) a foreign person who would be a | ||
member of the taxpayer's unitary business group but | ||
for the fact that the foreign person's business | ||
activity outside the United States is 80% or more of | ||
that person's total business activity and (ii) for | ||
taxable years ending on or after December 31, 2008, to | ||
a person who would be a member of the same unitary | ||
business group but for the fact that the person is | ||
prohibited under Section 1501(a)(27) from being | ||
included in the unitary business group because he or | ||
she is ordinarily required to apportion business | ||
income under different subsections of Section 304, but | ||
not to exceed the addition modification required to be | ||
made for the same taxable year under Section | ||
203(d)(2)(D-7) for interest paid, accrued, or | ||
incurred, directly or indirectly, to the same person. | ||
This subparagraph (R) is exempt from Section 250; | ||
(S) An amount equal to the income from intangible | ||
property taken into account for the taxable year (net |
of the deductions allocable thereto) with respect to | ||
transactions with (i) a foreign person who would be a | ||
member of the taxpayer's unitary business group but | ||
for the fact that the foreign person's business | ||
activity outside the United States is 80% or more of | ||
that person's total business activity and (ii) for | ||
taxable years ending on or after December 31, 2008, to | ||
a person who would be a member of the same unitary | ||
business group but for the fact that the person is | ||
prohibited under Section 1501(a)(27) from being | ||
included in the unitary business group because he or | ||
she is ordinarily required to apportion business | ||
income under different subsections of Section 304, but | ||
not to exceed the addition modification required to be | ||
made for the same taxable year under Section | ||
203(d)(2)(D-8) for intangible expenses and costs paid, | ||
accrued, or incurred, directly or indirectly, to the | ||
same person. This subparagraph (S) is exempt from | ||
Section 250; and
| ||
(T) For taxable years ending on or after December | ||
31, 2011, in the case of a taxpayer who was required to | ||
add back any insurance premiums under Section | ||
203(d)(2)(D-9), such taxpayer may elect to subtract | ||
that part of a reimbursement received from the | ||
insurance company equal to the amount of the expense | ||
or loss (including expenses incurred by the insurance |
company) that would have been taken into account as a | ||
deduction for federal income tax purposes if the | ||
expense or loss had been uninsured. If a taxpayer | ||
makes the election provided for by this subparagraph | ||
(T), the insurer to which the premiums were paid must | ||
add back to income the amount subtracted by the | ||
taxpayer pursuant to this subparagraph (T). This | ||
subparagraph (T) is exempt from the provisions of | ||
Section 250 ; and . | ||
(U) For taxable years beginning on or after | ||
January 1, 2023, for any cannabis establishment | ||
operating in this State and licensed under the | ||
Cannabis Regulation and Tax Act or any cannabis | ||
cultivation center or medical cannabis dispensing | ||
organization operating in this State and licensed | ||
under the Compassionate Use of Medical Cannabis | ||
Program Act, an amount equal to the deductions that | ||
were disallowed under Section 280E of the Internal | ||
Revenue Code for the taxable year and that would not be | ||
added back under this subsection. The provisions of | ||
this subparagraph (U) are exempt from the provisions | ||
of Section 250. | ||
(e) Gross income; adjusted gross income; taxable income. | ||
(1) In general. Subject to the provisions of paragraph | ||
(2) and
subsection (b)(3), for purposes of this Section |
and Section 803(e), a
taxpayer's gross income, adjusted | ||
gross income, or taxable income for
the taxable year shall | ||
mean the amount of gross income, adjusted gross
income or | ||
taxable income properly reportable for federal income tax
| ||
purposes for the taxable year under the provisions of the | ||
Internal
Revenue Code. Taxable income may be less than | ||
zero. However, for taxable
years ending on or after | ||
December 31, 1986, net operating loss
carryforwards from | ||
taxable years ending prior to December 31, 1986, may not
| ||
exceed the sum of federal taxable income for the taxable | ||
year before net
operating loss deduction, plus the excess | ||
of addition modifications over
subtraction modifications | ||
for the taxable year. For taxable years ending
prior to | ||
December 31, 1986, taxable income may never be an amount | ||
in excess
of the net operating loss for the taxable year as | ||
defined in subsections
(c) and (d) of Section 172 of the | ||
Internal Revenue Code, provided that when
taxable income | ||
of a corporation (other than a Subchapter S corporation),
| ||
trust, or estate is less than zero and addition | ||
modifications, other than
those provided by subparagraph | ||
(E) of paragraph (2) of subsection (b) for
corporations or | ||
subparagraph (E) of paragraph (2) of subsection (c) for
| ||
trusts and estates, exceed subtraction modifications, an | ||
addition
modification must be made under those | ||
subparagraphs for any other taxable
year to which the | ||
taxable income less than zero (net operating loss) is
|
applied under Section 172 of the Internal Revenue Code or | ||
under
subparagraph (E) of paragraph (2) of this subsection | ||
(e) applied in
conjunction with Section 172 of the | ||
Internal Revenue Code. | ||
(2) Special rule. For purposes of paragraph (1) of | ||
this subsection,
the taxable income properly reportable | ||
for federal income tax purposes
shall mean: | ||
(A) Certain life insurance companies. In the case | ||
of a life
insurance company subject to the tax imposed | ||
by Section 801 of the
Internal Revenue Code, life | ||
insurance company taxable income, plus the
amount of | ||
distribution from pre-1984 policyholder surplus | ||
accounts as
calculated under Section 815a of the | ||
Internal Revenue Code; | ||
(B) Certain other insurance companies. In the case | ||
of mutual
insurance companies subject to the tax | ||
imposed by Section 831 of the
Internal Revenue Code, | ||
insurance company taxable income; | ||
(C) Regulated investment companies. In the case of | ||
a regulated
investment company subject to the tax | ||
imposed by Section 852 of the
Internal Revenue Code, | ||
investment company taxable income; | ||
(D) Real estate investment trusts. In the case of | ||
a real estate
investment trust subject to the tax | ||
imposed by Section 857 of the
Internal Revenue Code, | ||
real estate investment trust taxable income; |
(E) Consolidated corporations. In the case of a | ||
corporation which
is a member of an affiliated group | ||
of corporations filing a consolidated
income tax | ||
return for the taxable year for federal income tax | ||
purposes,
taxable income determined as if such | ||
corporation had filed a separate
return for federal | ||
income tax purposes for the taxable year and each
| ||
preceding taxable year for which it was a member of an | ||
affiliated group.
For purposes of this subparagraph, | ||
the taxpayer's separate taxable
income shall be | ||
determined as if the election provided by Section
| ||
243(b)(2) of the Internal Revenue Code had been in | ||
effect for all such years; | ||
(F) Cooperatives. In the case of a cooperative | ||
corporation or
association, the taxable income of such | ||
organization determined in
accordance with the | ||
provisions of Section 1381 through 1388 of the
| ||
Internal Revenue Code, but without regard to the | ||
prohibition against offsetting losses from patronage | ||
activities against income from nonpatronage | ||
activities; except that a cooperative corporation or | ||
association may make an election to follow its federal | ||
income tax treatment of patronage losses and | ||
nonpatronage losses. In the event such election is | ||
made, such losses shall be computed and carried over | ||
in a manner consistent with subsection (a) of Section |
207 of this Act and apportioned by the apportionment | ||
factor reported by the cooperative on its Illinois | ||
income tax return filed for the taxable year in which | ||
the losses are incurred. The election shall be | ||
effective for all taxable years with original returns | ||
due on or after the date of the election. In addition, | ||
the cooperative may file an amended return or returns, | ||
as allowed under this Act, to provide that the | ||
election shall be effective for losses incurred or | ||
carried forward for taxable years occurring prior to | ||
the date of the election. Once made, the election may | ||
only be revoked upon approval of the Director. The | ||
Department shall adopt rules setting forth | ||
requirements for documenting the elections and any | ||
resulting Illinois net loss and the standards to be | ||
used by the Director in evaluating requests to revoke | ||
elections. Public Act 96-932 is declaratory of | ||
existing law; | ||
(G) Subchapter S corporations. In the case of: (i) | ||
a Subchapter S
corporation for which there is in | ||
effect an election for the taxable year
under Section | ||
1362 of the Internal Revenue Code, the taxable income | ||
of such
corporation determined in accordance with | ||
Section 1363(b) of the Internal
Revenue Code, except | ||
that taxable income shall take into
account those | ||
items which are required by Section 1363(b)(1) of the
|
Internal Revenue Code to be separately stated; and | ||
(ii) a Subchapter
S corporation for which there is in | ||
effect a federal election to opt out of
the provisions | ||
of the Subchapter S Revision Act of 1982 and have | ||
applied
instead the prior federal Subchapter S rules | ||
as in effect on July 1, 1982,
the taxable income of | ||
such corporation determined in accordance with the
| ||
federal Subchapter S rules as in effect on July 1, | ||
1982; and | ||
(H) Partnerships. In the case of a partnership, | ||
taxable income
determined in accordance with Section | ||
703 of the Internal Revenue Code,
except that taxable | ||
income shall take into account those items which are
| ||
required by Section 703(a)(1) to be separately stated | ||
but which would be
taken into account by an individual | ||
in calculating his taxable income. | ||
(3) Recapture of business expenses on disposition of | ||
asset or business. Notwithstanding any other law to the | ||
contrary, if in prior years income from an asset or | ||
business has been classified as business income and in a | ||
later year is demonstrated to be non-business income, then | ||
all expenses, without limitation, deducted in such later | ||
year and in the 2 immediately preceding taxable years | ||
related to that asset or business that generated the | ||
non-business income shall be added back and recaptured as | ||
business income in the year of the disposition of the |
asset or business. Such amount shall be apportioned to | ||
Illinois using the greater of the apportionment fraction | ||
computed for the business under Section 304 of this Act | ||
for the taxable year or the average of the apportionment | ||
fractions computed for the business under Section 304 of | ||
this Act for the taxable year and for the 2 immediately | ||
preceding taxable years.
| ||
(f) Valuation limitation amount. | ||
(1) In general. The valuation limitation amount | ||
referred to in
subsections (a)(2)(G), (c)(2)(I) and | ||
(d)(2)(E) is an amount equal to: | ||
(A) The sum of the pre-August 1, 1969 appreciation | ||
amounts (to the
extent consisting of gain reportable | ||
under the provisions of Section
1245 or 1250 of the | ||
Internal Revenue Code) for all property in respect
of | ||
which such gain was reported for the taxable year; | ||
plus | ||
(B) The lesser of (i) the sum of the pre-August 1, | ||
1969 appreciation
amounts (to the extent consisting of | ||
capital gain) for all property in
respect of which | ||
such gain was reported for federal income tax purposes
| ||
for the taxable year, or (ii) the net capital gain for | ||
the taxable year,
reduced in either case by any amount | ||
of such gain included in the amount
determined under | ||
subsection (a)(2)(F) or (c)(2)(H). |
(2) Pre-August 1, 1969 appreciation amount. | ||
(A) If the fair market value of property referred | ||
to in paragraph
(1) was readily ascertainable on | ||
August 1, 1969, the pre-August 1, 1969
appreciation | ||
amount for such property is the lesser of (i) the | ||
excess of
such fair market value over the taxpayer's | ||
basis (for determining gain)
for such property on that | ||
date (determined under the Internal Revenue
Code as in | ||
effect on that date), or (ii) the total gain realized | ||
and
reportable for federal income tax purposes in | ||
respect of the sale,
exchange or other disposition of | ||
such property. | ||
(B) If the fair market value of property referred | ||
to in paragraph
(1) was not readily ascertainable on | ||
August 1, 1969, the pre-August 1,
1969 appreciation | ||
amount for such property is that amount which bears
| ||
the same ratio to the total gain reported in respect of | ||
the property for
federal income tax purposes for the | ||
taxable year, as the number of full
calendar months in | ||
that part of the taxpayer's holding period for the
| ||
property ending July 31, 1969 bears to the number of | ||
full calendar
months in the taxpayer's entire holding | ||
period for the
property. | ||
(C) The Department shall prescribe such | ||
regulations as may be
necessary to carry out the | ||
purposes of this paragraph. |
(g) Double deductions. Unless specifically provided | ||
otherwise, nothing
in this Section shall permit the same item | ||
to be deducted more than once. | ||
(h) Legislative intention. Except as expressly provided by | ||
this
Section there shall be no modifications or limitations on | ||
the amounts
of income, gain, loss or deduction taken into | ||
account in determining
gross income, adjusted gross income or | ||
taxable income for federal income
tax purposes for the taxable | ||
year, or in the amount of such items
entering into the | ||
computation of base income and net income under this
Act for | ||
such taxable year, whether in respect of property values as of
| ||
August 1, 1969 or otherwise. | ||
(Source: P.A. 101-9, eff. 6-5-19; 101-81, eff. 7-12-19; | ||
102-16, eff. 6-17-21; 102-558, eff. 8-20-21; 102-658, eff. | ||
8-27-21; 102-813, eff. 5-13-22; 102-1112, eff. 12-21-22.) | ||
ARTICLE 145. | ||
Section 145-5. The Illinois Act on the Aging is amended by | ||
changing Section 4.02 as follows:
| ||
(20 ILCS 105/4.02) (from Ch. 23, par. 6104.02)
| ||
Sec. 4.02. Community Care Program. The Department shall | ||
establish a program of services to
prevent unnecessary |
institutionalization of persons age 60 and older in
need of | ||
long term care or who are established as persons who suffer | ||
from
Alzheimer's disease or a related disorder under the | ||
Alzheimer's Disease
Assistance Act, thereby enabling them
to | ||
remain in their own homes or in other living arrangements. | ||
Such
preventive services, which may be coordinated with other | ||
programs for the
aged and monitored by area agencies on aging | ||
in cooperation with the
Department, may include, but are not | ||
limited to, any or all of the following:
| ||
(a) (blank);
| ||
(b) (blank);
| ||
(c) home care aide services;
| ||
(d) personal assistant services;
| ||
(e) adult day services;
| ||
(f) home-delivered meals;
| ||
(g) education in self-care;
| ||
(h) personal care services;
| ||
(i) adult day health services;
| ||
(j) habilitation services;
| ||
(k) respite care;
| ||
(k-5) community reintegration services;
| ||
(k-6) flexible senior services; | ||
(k-7) medication management; | ||
(k-8) emergency home response;
| ||
(l) other nonmedical social services that may enable | ||
the person
to become self-supporting; or
|
(m) clearinghouse for information provided by senior | ||
citizen home owners
who want to rent rooms to or share | ||
living space with other senior citizens.
| ||
The Department shall establish eligibility standards for | ||
such
services. In determining the amount and nature of | ||
services
for which a person may qualify, consideration shall | ||
not be given to the
value of cash, property or other assets | ||
held in the name of the person's
spouse pursuant to a written | ||
agreement dividing marital property into equal
but separate | ||
shares or pursuant to a transfer of the person's interest in a
| ||
home to his spouse, provided that the spouse's share of the | ||
marital
property is not made available to the person seeking | ||
such services.
| ||
Beginning January 1, 2008, the Department shall require as | ||
a condition of eligibility that all new financially eligible | ||
applicants apply for and enroll in medical assistance under | ||
Article V of the Illinois Public Aid Code in accordance with | ||
rules promulgated by the Department.
| ||
The Department shall, in conjunction with the Department | ||
of Public Aid (now Department of Healthcare and Family | ||
Services),
seek appropriate amendments under Sections 1915 and | ||
1924 of the Social
Security Act. The purpose of the amendments | ||
shall be to extend eligibility
for home and community based | ||
services under Sections 1915 and 1924 of the
Social Security | ||
Act to persons who transfer to or for the benefit of a
spouse | ||
those amounts of income and resources allowed under Section |
1924 of
the Social Security Act. Subject to the approval of | ||
such amendments, the
Department shall extend the provisions of | ||
Section 5-4 of the Illinois
Public Aid Code to persons who, but | ||
for the provision of home or
community-based services, would | ||
require the level of care provided in an
institution, as is | ||
provided for in federal law. Those persons no longer
found to | ||
be eligible for receiving noninstitutional services due to | ||
changes
in the eligibility criteria shall be given 45 days | ||
notice prior to actual
termination. Those persons receiving | ||
notice of termination may contact the
Department and request | ||
the determination be appealed at any time during the
45 day | ||
notice period. The target
population identified for the | ||
purposes of this Section are persons age 60
and older with an | ||
identified service need. Priority shall be given to those
who | ||
are at imminent risk of institutionalization. The services | ||
shall be
provided to eligible persons age 60 and older to the | ||
extent that the cost
of the services together with the other | ||
personal maintenance
expenses of the persons are reasonably | ||
related to the standards
established for care in a group | ||
facility appropriate to the person's
condition. These | ||
non-institutional services, pilot projects or
experimental | ||
facilities may be provided as part of or in addition to
those | ||
authorized by federal law or those funded and administered by | ||
the
Department of Human Services. The Departments of Human | ||
Services, Healthcare and Family Services,
Public Health, | ||
Veterans' Affairs, and Commerce and Economic Opportunity and
|
other appropriate agencies of State, federal and local | ||
governments shall
cooperate with the Department on Aging in | ||
the establishment and development
of the non-institutional | ||
services. The Department shall require an annual
audit from | ||
all personal assistant
and home care aide vendors contracting | ||
with
the Department under this Section. The annual audit shall | ||
assure that each
audited vendor's procedures are in compliance | ||
with Department's financial
reporting guidelines requiring an | ||
administrative and employee wage and benefits cost split as | ||
defined in administrative rules. The audit is a public record | ||
under
the Freedom of Information Act. The Department shall | ||
execute, relative to
the nursing home prescreening project, | ||
written inter-agency
agreements with the Department of Human | ||
Services and the Department
of Healthcare and Family Services, | ||
to effect the following: (1) intake procedures and common
| ||
eligibility criteria for those persons who are receiving | ||
non-institutional
services; and (2) the establishment and | ||
development of non-institutional
services in areas of the | ||
State where they are not currently available or are
| ||
undeveloped. On and after July 1, 1996, all nursing home | ||
prescreenings for
individuals 60 years of age or older shall | ||
be conducted by the Department.
| ||
As part of the Department on Aging's routine training of | ||
case managers and case manager supervisors, the Department may | ||
include information on family futures planning for persons who | ||
are age 60 or older and who are caregivers of their adult |
children with developmental disabilities. The content of the | ||
training shall be at the Department's discretion. | ||
The Department is authorized to establish a system of | ||
recipient copayment
for services provided under this Section, | ||
such copayment to be based upon
the recipient's ability to pay | ||
but in no case to exceed the actual cost of
the services | ||
provided. Additionally, any portion of a person's income which
| ||
is equal to or less than the federal poverty standard shall not | ||
be
considered by the Department in determining the copayment. | ||
The level of
such copayment shall be adjusted whenever | ||
necessary to reflect any change
in the officially designated | ||
federal poverty standard.
| ||
The Department, or the Department's authorized | ||
representative, may
recover the amount of moneys expended for | ||
services provided to or in
behalf of a person under this | ||
Section by a claim against the person's
estate or against the | ||
estate of the person's surviving spouse, but no
recovery may | ||
be had until after the death of the surviving spouse, if
any, | ||
and then only at such time when there is no surviving child who
| ||
is under age 21 or blind or who has a permanent and total | ||
disability. This
paragraph, however, shall not bar recovery, | ||
at the death of the person, of
moneys for services provided to | ||
the person or in behalf of the person under
this Section to | ||
which the person was not entitled;
provided that such recovery | ||
shall not be enforced against any real estate while
it is | ||
occupied as a homestead by the surviving spouse or other |
dependent, if no
claims by other creditors have been filed | ||
against the estate, or, if such
claims have been filed, they | ||
remain dormant for failure of prosecution or
failure of the | ||
claimant to compel administration of the estate for the | ||
purpose
of payment. This paragraph shall not bar recovery from | ||
the estate of a spouse,
under Sections 1915 and 1924 of the | ||
Social Security Act and Section 5-4 of the
Illinois Public Aid | ||
Code, who precedes a person receiving services under this
| ||
Section in death. All moneys for services
paid to or in behalf | ||
of the person under this Section shall be claimed for
recovery | ||
from the deceased spouse's estate. "Homestead", as used
in | ||
this paragraph, means the dwelling house and
contiguous real | ||
estate occupied by a surviving spouse
or relative, as defined | ||
by the rules and regulations of the Department of Healthcare | ||
and Family Services, regardless of the value of the property.
| ||
The Department shall increase the effectiveness of the | ||
existing Community Care Program by: | ||
(1) ensuring that in-home services included in the | ||
care plan are available on evenings and weekends; | ||
(2) ensuring that care plans contain the services that | ||
eligible participants
need based on the number of days in | ||
a month, not limited to specific blocks of time, as | ||
identified by the comprehensive assessment tool selected | ||
by the Department for use statewide, not to exceed the | ||
total monthly service cost maximum allowed for each | ||
service; the Department shall develop administrative rules |
to implement this item (2); | ||
(3) ensuring that the participants have the right to | ||
choose the services contained in their care plan and to | ||
direct how those services are provided, based on | ||
administrative rules established by the Department; | ||
(4) ensuring that the determination of need tool is | ||
accurate in determining the participants' level of need; | ||
to achieve this, the Department, in conjunction with the | ||
Older Adult Services Advisory Committee, shall institute a | ||
study of the relationship between the Determination of | ||
Need scores, level of need, service cost maximums, and the | ||
development and utilization of service plans no later than | ||
May 1, 2008; findings and recommendations shall be | ||
presented to the Governor and the General Assembly no | ||
later than January 1, 2009; recommendations shall include | ||
all needed changes to the service cost maximums schedule | ||
and additional covered services; | ||
(5) ensuring that homemakers can provide personal care | ||
services that may or may not involve contact with clients, | ||
including but not limited to: | ||
(A) bathing; | ||
(B) grooming; | ||
(C) toileting; | ||
(D) nail care; | ||
(E) transferring; | ||
(F) respiratory services; |
(G) exercise; or | ||
(H) positioning; | ||
(6) ensuring that homemaker program vendors are not | ||
restricted from hiring homemakers who are family members | ||
of clients or recommended by clients; the Department may | ||
not, by rule or policy, require homemakers who are family | ||
members of clients or recommended by clients to accept | ||
assignments in homes other than the client; | ||
(7) ensuring that the State may access maximum federal | ||
matching funds by seeking approval for the Centers for | ||
Medicare and Medicaid Services for modifications to the | ||
State's home and community based services waiver and | ||
additional waiver opportunities, including applying for | ||
enrollment in the Balance Incentive Payment Program by May | ||
1, 2013, in order to maximize federal matching funds; this | ||
shall include, but not be limited to, modification that | ||
reflects all changes in the Community Care Program | ||
services and all increases in the services cost maximum; | ||
(8) ensuring that the determination of need tool | ||
accurately reflects the service needs of individuals with | ||
Alzheimer's disease and related dementia disorders; | ||
(9) ensuring that services are authorized accurately | ||
and consistently for the Community Care Program (CCP); the | ||
Department shall implement a Service Authorization policy | ||
directive; the purpose shall be to ensure that eligibility | ||
and services are authorized accurately and consistently in |
the CCP program; the policy directive shall clarify | ||
service authorization guidelines to Care Coordination | ||
Units and Community Care Program providers no later than | ||
May 1, 2013; | ||
(10) working in conjunction with Care Coordination | ||
Units, the Department of Healthcare and Family Services, | ||
the Department of Human Services, Community Care Program | ||
providers, and other stakeholders to make improvements to | ||
the Medicaid claiming processes and the Medicaid | ||
enrollment procedures or requirements as needed, | ||
including, but not limited to, specific policy changes or | ||
rules to improve the up-front enrollment of participants | ||
in the Medicaid program and specific policy changes or | ||
rules to insure more prompt submission of bills to the | ||
federal government to secure maximum federal matching | ||
dollars as promptly as possible; the Department on Aging | ||
shall have at least 3 meetings with stakeholders by | ||
January 1, 2014 in order to address these improvements; | ||
(11) requiring home care service providers to comply | ||
with the rounding of hours worked provisions under the | ||
federal Fair Labor Standards Act (FLSA) and as set forth | ||
in 29 CFR 785.48(b) by May 1, 2013; | ||
(12) implementing any necessary policy changes or | ||
promulgating any rules, no later than January 1, 2014, to | ||
assist the Department of Healthcare and Family Services in | ||
moving as many participants as possible, consistent with |
federal regulations, into coordinated care plans if a care | ||
coordination plan that covers long term care is available | ||
in the recipient's area; and | ||
(13) maintaining fiscal year 2014 rates at the same | ||
level established on January 1, 2013. | ||
By January 1, 2009 or as soon after the end of the Cash and | ||
Counseling Demonstration Project as is practicable, the | ||
Department may, based on its evaluation of the demonstration | ||
project, promulgate rules concerning personal assistant | ||
services, to include, but need not be limited to, | ||
qualifications, employment screening, rights under fair labor | ||
standards, training, fiduciary agent, and supervision | ||
requirements. All applicants shall be subject to the | ||
provisions of the Health Care Worker Background Check Act.
| ||
The Department shall develop procedures to enhance | ||
availability of
services on evenings, weekends, and on an | ||
emergency basis to meet the
respite needs of caregivers. | ||
Procedures shall be developed to permit the
utilization of | ||
services in successive blocks of 24 hours up to the monthly
| ||
maximum established by the Department. Workers providing these | ||
services
shall be appropriately trained.
| ||
Beginning on the effective date of this amendatory Act of | ||
1991, no person
may perform chore/housekeeping and home care | ||
aide services under a program
authorized by this Section | ||
unless that person has been issued a certificate
of | ||
pre-service to do so by his or her employing agency. |
Information
gathered to effect such certification shall | ||
include (i) the person's name,
(ii) the date the person was | ||
hired by his or her current employer, and
(iii) the training, | ||
including dates and levels. Persons engaged in the
program | ||
authorized by this Section before the effective date of this
| ||
amendatory Act of 1991 shall be issued a certificate of all | ||
pre- and
in-service training from his or her employer upon | ||
submitting the necessary
information. The employing agency | ||
shall be required to retain records of
all staff pre- and | ||
in-service training, and shall provide such records to
the | ||
Department upon request and upon termination of the employer's | ||
contract
with the Department. In addition, the employing | ||
agency is responsible for
the issuance of certifications of | ||
in-service training completed to their
employees.
| ||
The Department is required to develop a system to ensure | ||
that persons
working as home care aides and personal | ||
assistants
receive increases in their
wages when the federal | ||
minimum wage is increased by requiring vendors to
certify that | ||
they are meeting the federal minimum wage statute for home | ||
care aides
and personal assistants. An employer that cannot | ||
ensure that the minimum
wage increase is being given to home | ||
care aides and personal assistants
shall be denied any | ||
increase in reimbursement costs.
| ||
The Community Care Program Advisory Committee is created | ||
in the Department on Aging. The Director shall appoint | ||
individuals to serve in the Committee, who shall serve at |
their own expense. Members of the Committee must abide by all | ||
applicable ethics laws. The Committee shall advise the | ||
Department on issues related to the Department's program of | ||
services to prevent unnecessary institutionalization. The | ||
Committee shall meet on a bi-monthly basis and shall serve to | ||
identify and advise the Department on present and potential | ||
issues affecting the service delivery network, the program's | ||
clients, and the Department and to recommend solution | ||
strategies. Persons appointed to the Committee shall be | ||
appointed on, but not limited to, their own and their agency's | ||
experience with the program, geographic representation, and | ||
willingness to serve. The Director shall appoint members to | ||
the Committee to represent provider, advocacy, policy | ||
research, and other constituencies committed to the delivery | ||
of high quality home and community-based services to older | ||
adults. Representatives shall be appointed to ensure | ||
representation from community care providers including, but | ||
not limited to, adult day service providers, homemaker | ||
providers, case coordination and case management units, | ||
emergency home response providers, statewide trade or labor | ||
unions that represent home care
aides and direct care staff, | ||
area agencies on aging, adults over age 60, membership | ||
organizations representing older adults, and other | ||
organizational entities, providers of care, or individuals | ||
with demonstrated interest and expertise in the field of home | ||
and community care as determined by the Director. |
Nominations may be presented from any agency or State | ||
association with interest in the program. The Director, or his | ||
or her designee, shall serve as the permanent co-chair of the | ||
advisory committee. One other co-chair shall be nominated and | ||
approved by the members of the committee on an annual basis. | ||
Committee members' terms of appointment shall be for 4 years | ||
with one-quarter of the appointees' terms expiring each year. | ||
A member shall continue to serve until his or her replacement | ||
is named. The Department shall fill vacancies that have a | ||
remaining term of over one year, and this replacement shall | ||
occur through the annual replacement of expiring terms. The | ||
Director shall designate Department staff to provide technical | ||
assistance and staff support to the committee. Department | ||
representation shall not constitute membership of the | ||
committee. All Committee papers, issues, recommendations, | ||
reports, and meeting memoranda are advisory only. The | ||
Director, or his or her designee, shall make a written report, | ||
as requested by the Committee, regarding issues before the | ||
Committee.
| ||
The Department on Aging and the Department of Human | ||
Services
shall cooperate in the development and submission of | ||
an annual report on
programs and services provided under this | ||
Section. Such joint report
shall be filed with the Governor | ||
and the General Assembly on or before
September 30 each year.
| ||
The requirement for reporting to the General Assembly | ||
shall be satisfied
by filing copies of the report
as required |
by Section 3.1 of the General Assembly Organization Act and
| ||
filing such additional copies with the State Government Report | ||
Distribution
Center for the General Assembly as is required | ||
under paragraph (t) of
Section 7 of the State Library Act.
| ||
Those persons previously found eligible for receiving | ||
non-institutional
services whose services were discontinued | ||
under the Emergency Budget Act of
Fiscal Year 1992, and who do | ||
not meet the eligibility standards in effect
on or after July | ||
1, 1992, shall remain ineligible on and after July 1,
1992. | ||
Those persons previously not required to cost-share and who | ||
were
required to cost-share effective March 1, 1992, shall | ||
continue to meet
cost-share requirements on and after July 1, | ||
1992. Beginning July 1, 1992,
all clients will be required to | ||
meet
eligibility, cost-share, and other requirements and will | ||
have services
discontinued or altered when they fail to meet | ||
these requirements. | ||
For the purposes of this Section, "flexible senior | ||
services" refers to services that require one-time or periodic | ||
expenditures including, but not limited to, respite care, home | ||
modification, assistive technology, housing assistance, and | ||
transportation.
| ||
The Department shall implement an electronic service | ||
verification based on global positioning systems or other | ||
cost-effective technology for the Community Care Program no | ||
later than January 1, 2014. | ||
The Department shall require, as a condition of |
eligibility, enrollment in the medical assistance program | ||
under Article V of the Illinois Public Aid Code (i) beginning | ||
August 1, 2013, if the Auditor General has reported that the | ||
Department has failed
to comply with the reporting | ||
requirements of Section 2-27 of
the Illinois State Auditing | ||
Act; or (ii) beginning June 1, 2014, if the Auditor General has | ||
reported that the
Department has not undertaken the required | ||
actions listed in
the report required by subsection (a) of | ||
Section 2-27 of the
Illinois State Auditing Act. | ||
The Department shall delay Community Care Program services | ||
until an applicant is determined eligible for medical | ||
assistance under Article V of the Illinois Public Aid Code (i) | ||
beginning August 1, 2013, if the Auditor General has reported | ||
that the Department has failed
to comply with the reporting | ||
requirements of Section 2-27 of
the Illinois State Auditing | ||
Act; or (ii) beginning June 1, 2014, if the Auditor General has | ||
reported that the
Department has not undertaken the required | ||
actions listed in
the report required by subsection (a) of | ||
Section 2-27 of the
Illinois State Auditing Act. | ||
The Department shall implement co-payments for the | ||
Community Care Program at the federally allowable maximum | ||
level (i) beginning August 1, 2013, if the Auditor General has | ||
reported that the Department has failed
to comply with the | ||
reporting requirements of Section 2-27 of
the Illinois State | ||
Auditing Act; or (ii) beginning June 1, 2014, if the Auditor | ||
General has reported that the
Department has not undertaken |
the required actions listed in
the report required by | ||
subsection (a) of Section 2-27 of the
Illinois State Auditing | ||
Act. | ||
The Department shall continue to provide other Community | ||
Care Program reports as required by statute. | ||
The Department shall conduct a quarterly review of Care | ||
Coordination Unit performance and adherence to service | ||
guidelines. The quarterly review shall be reported to the | ||
Speaker of the House of Representatives, the Minority Leader | ||
of the House of Representatives, the
President of the
Senate, | ||
and the Minority Leader of the Senate. The Department shall | ||
collect and report longitudinal data on the performance of | ||
each care coordination unit. Nothing in this paragraph shall | ||
be construed to require the Department to identify specific | ||
care coordination units. | ||
In regard to community care providers, failure to comply | ||
with Department on Aging policies shall be cause for | ||
disciplinary action, including, but not limited to, | ||
disqualification from serving Community Care Program clients. | ||
Each provider, upon submission of any bill or invoice to the | ||
Department for payment for services rendered, shall include a | ||
notarized statement, under penalty of perjury pursuant to | ||
Section 1-109 of the Code of Civil Procedure, that the | ||
provider has complied with all Department policies. | ||
The Director of the Department on Aging shall make | ||
information available to the State Board of Elections as may |
be required by an agreement the State Board of Elections has | ||
entered into with a multi-state voter registration list | ||
maintenance system. | ||
Within 30 days after July 6, 2017 (the effective date of | ||
Public Act 100-23), rates shall be increased to $18.29 per | ||
hour, for the purpose of increasing, by at least $.72 per hour, | ||
the wages paid by those vendors to their employees who provide | ||
homemaker services. The Department shall pay an enhanced rate | ||
under the Community Care Program to those in-home service | ||
provider agencies that offer health insurance coverage as a | ||
benefit to their direct service worker employees consistent | ||
with the mandates of Public Act 95-713. For State fiscal years | ||
2018 and 2019, the enhanced rate shall be $1.77 per hour. The | ||
rate shall be adjusted using actuarial analysis based on the | ||
cost of care, but shall not be set below $1.77 per hour. The | ||
Department shall adopt rules, including emergency rules under | ||
subsections (y) and (bb) of Section 5-45 of the Illinois | ||
Administrative Procedure Act, to implement the provisions of | ||
this paragraph. | ||
The General Assembly finds it necessary to authorize an | ||
aggressive Medicaid enrollment initiative designed to maximize | ||
federal Medicaid funding for the Community Care Program which | ||
produces significant savings for the State of Illinois. The | ||
Department on Aging shall establish and implement a Community | ||
Care Program Medicaid Initiative. Under the Initiative, the
| ||
Department on Aging shall, at a minimum: (i) provide an |
enhanced rate to adequately compensate care coordination units | ||
to enroll eligible Community Care Program clients into | ||
Medicaid; (ii) use recommendations from a stakeholder | ||
committee on how best to implement the Initiative; and (iii) | ||
establish requirements for State agencies to make enrollment | ||
in the State's Medical Assistance program easier for seniors. | ||
The Community Care Program Medicaid Enrollment Oversight | ||
Subcommittee is created as a subcommittee of the Older Adult | ||
Services Advisory Committee established in Section 35 of the | ||
Older Adult Services Act to make recommendations on how best | ||
to increase the number of medical assistance recipients who | ||
are enrolled in the Community Care Program. The Subcommittee | ||
shall consist of all of the following persons who must be | ||
appointed within 30 days after the effective date of this | ||
amendatory Act of the 100th General Assembly: | ||
(1) The Director of Aging, or his or her designee, who | ||
shall serve as the chairperson of the Subcommittee. | ||
(2) One representative of the Department of Healthcare | ||
and Family Services, appointed by the Director of | ||
Healthcare and Family Services. | ||
(3) One representative of the Department of Human | ||
Services, appointed by the Secretary of Human Services. | ||
(4) One individual representing a care coordination | ||
unit, appointed by the Director of Aging. | ||
(5) One individual from a non-governmental statewide | ||
organization that advocates for seniors, appointed by the |
Director of Aging. | ||
(6) One individual representing Area Agencies on | ||
Aging, appointed by the Director of Aging. | ||
(7) One individual from a statewide association | ||
dedicated to Alzheimer's care, support, and research, | ||
appointed by the Director of Aging. | ||
(8) One individual from an organization that employs | ||
persons who provide services under the Community Care | ||
Program, appointed by the Director of Aging. | ||
(9) One member of a trade or labor union representing | ||
persons who provide services under the Community Care | ||
Program, appointed by the Director of Aging. | ||
(10) One member of the Senate, who shall serve as | ||
co-chairperson, appointed by the President of the Senate. | ||
(11) One member of the Senate, who shall serve as | ||
co-chairperson, appointed by the Minority Leader of the | ||
Senate. | ||
(12) One member of the House of
Representatives, who | ||
shall serve as co-chairperson, appointed by the Speaker of | ||
the House of Representatives. | ||
(13) One member of the House of Representatives, who | ||
shall serve as co-chairperson, appointed by the Minority | ||
Leader of the House of Representatives. | ||
(14) One individual appointed by a labor organization | ||
representing frontline employees at the Department of | ||
Human Services. |
The Subcommittee shall provide oversight to the Community | ||
Care Program Medicaid Initiative and shall meet quarterly. At | ||
each Subcommittee meeting the Department on Aging shall | ||
provide the following data sets to the Subcommittee: (A) the | ||
number of Illinois residents, categorized by planning and | ||
service area, who are receiving services under the Community | ||
Care Program and are enrolled in the State's Medical | ||
Assistance Program; (B) the number of Illinois residents, | ||
categorized by planning and service area, who are receiving | ||
services under the Community Care Program, but are not | ||
enrolled in the State's Medical Assistance Program; and (C) | ||
the number of Illinois residents, categorized by planning and | ||
service area, who are receiving services under the Community | ||
Care Program and are eligible for benefits under the State's | ||
Medical Assistance Program, but are not enrolled in the | ||
State's Medical Assistance Program. In addition to this data, | ||
the Department on Aging shall provide the Subcommittee with | ||
plans on how the Department on Aging will reduce the number of | ||
Illinois residents who are not enrolled in the State's Medical | ||
Assistance Program but who are eligible for medical assistance | ||
benefits. The Department on Aging shall enroll in the State's | ||
Medical Assistance Program those Illinois residents who | ||
receive services under the Community Care Program and are | ||
eligible for medical assistance benefits but are not enrolled | ||
in the State's Medicaid Assistance Program. The data provided | ||
to the Subcommittee shall be made available to the public via |
the Department on Aging's website. | ||
The Department on Aging, with the involvement of the | ||
Subcommittee, shall collaborate with the Department of Human | ||
Services and the Department of Healthcare and Family Services | ||
on how best to achieve the responsibilities of the Community | ||
Care Program Medicaid Initiative. | ||
The Department on Aging, the Department of Human Services, | ||
and the Department of Healthcare and Family Services shall | ||
coordinate and implement a streamlined process for seniors to | ||
access benefits under the State's Medical Assistance Program. | ||
The Subcommittee shall collaborate with the Department of | ||
Human Services on the adoption of a uniform application | ||
submission process. The Department of Human Services and any | ||
other State agency involved with processing the medical | ||
assistance application of any person enrolled in the Community | ||
Care Program shall include the appropriate care coordination | ||
unit in all communications related to the determination or | ||
status of the application. | ||
The Community Care Program Medicaid Initiative shall | ||
provide targeted funding to care coordination units to help | ||
seniors complete their applications for medical assistance | ||
benefits. On and after July 1, 2019, care coordination units | ||
shall receive no less than $200 per completed application, | ||
which rate may be included in a bundled rate for initial intake | ||
services when Medicaid application assistance is provided in | ||
conjunction with the initial intake process for new program |
participants. | ||
The Community Care Program Medicaid Initiative shall cease | ||
operation 5 years after the effective date of this amendatory | ||
Act of the 100th General Assembly, after which the | ||
Subcommittee shall dissolve. | ||
Effective July 1, 2023, subject to federal approval, the | ||
Department on Aging shall reimburse Care Coordination Units at | ||
the following rates for case management services: $252.40 for | ||
each initial assessment; $366.40 for each initial assessment | ||
with translation; $229.68 for each redetermination assessment; | ||
$313.68 for each redetermination assessment with translation; | ||
$200.00 for each completed application for medical assistance | ||
benefits; $132.26 for each face-to-face, choices-for-care | ||
screening; $168.26 for each face-to-face, choices-for-care | ||
screening with translation; $124.56 for each 6-month, | ||
face-to-face visit; $132.00 for each MCO participant | ||
eligibility determination; and $157.00 for each MCO | ||
participant eligibility determination with translation. | ||
(Source: P.A. 101-10, eff. 6-5-19; 102-1071, eff. 6-10-22.) | ||
ARTICLE 150. | ||
Section 150-5. The Illinois Affordable Housing Act is | ||
amended by changing Section 17 as follows:
| ||
(310 ILCS 65/17) (from Ch. 67 1/2, par. 1267)
|
Sec. 17. Annual Budget and Report. (a) Within 9 months | ||
after the
effective date of this Act, the Commission shall | ||
prepare a plan
listing available resources, priorities for | ||
expenditures, and procedures for
making application for grants | ||
and loans. The plan shall be published in the
Illinois | ||
Register. Such a plan shall be prepared annually and published
| ||
for each succeeding year.
| ||
(b) Within 60 days of the end of each fiscal year, the | ||
Commission shall
prepare a report to the General Assembly | ||
describing the activities of the
Affordable Housing Program | ||
for the preceding year.
| ||
(c) 1% of permitted funds within the annual proposed | ||
budget stemming from the plan shall be allocated to support | ||
limited-equity cooperative housing through programs and | ||
subsidies for cooperative homebuyer assistance, building | ||
acquisition and renovation, assistance with monthly housing | ||
charges, predevelopment funding, and technical assistance. | ||
(Source: P.A. 86-925.)
| ||
ARTICLE 155. | ||
Section 155-5. The Higher Education Student Assistance Act | ||
is amended by adding Section 27 as follows: | ||
(110 ILCS 947/27 new) | ||
Sec. 27. Prepare for Illinois' Future Program. |
(a) Subject to appropriation, the Illinois Student | ||
Assistance Commission shall as soon as is practicable, develop | ||
and implement a Prepare for Illinois' Future Program to offer | ||
comprehensive test preparation and professional licensure | ||
preparation, free of charge and at no cost to students, with a | ||
goal of serving all students at institutions of higher | ||
education. If funding for the program is insufficient to | ||
support universal access, then the Commission may prioritize | ||
offering the services to recipients of the Monetary Award | ||
Program grant assistance under Section 35 of this Act. | ||
(b) The Program shall offer students, at a minimum, test | ||
preparation services for the Medical College Admission Test, | ||
the Law School Admission Test, the Graduate Record | ||
Examination, the Graduate Management Admission Test, and other | ||
preparation programs for professional exams that may include, | ||
but are not limited to, exams for nursing, teaching, real | ||
estate, securities, and law. The program may also provide | ||
preparation for credentials such as, but not limited to, the | ||
Securities Industry Essentials Exam, a Financial Paraplanner | ||
Qualified Professional exam, and a Wealth Management | ||
Specialist exam. In establishing the Program, the Commission | ||
shall consider, among other factors, whether the test and | ||
licensure exam preparation and credentialing programs can be | ||
provided by a single vendor. | ||
(c) The Commission shall report to the General Assembly | ||
and Governor on the Program's usage as soon as is practicable |
after the Program has been in place for at least one academic | ||
year. To the extent that appropriate data is available, the | ||
Commission shall also report information on the program's | ||
effectiveness, with a goal of providing multi-stage research | ||
to gauge the impact of this investment on in-state university | ||
recruitment and retention, the State's talent pipeline, and | ||
the longitudinal value provided to State students. | ||
Institutions of higher education shall provide information to | ||
the Commission as needed to facilitate completion of this | ||
report. | ||
ARTICLE 999. | ||
Section 999-95. No acceleration or delay. Where this Act | ||
makes changes in a statute that is represented in this Act by | ||
text that is not yet or no longer in effect (for example, a | ||
Section represented by multiple versions), the use of that | ||
text does not accelerate or delay the taking effect of (i) the | ||
changes made by this Act or (ii) provisions derived from any | ||
other Public Act.
| ||
Section 999-99. Effective date. This Act takes effect upon | ||
becoming law, except that Articles 10, 85, 98, 100, and 125 | ||
take effect on July 1, 2023, Articles 20, 80, and 99 take | ||
effect on January 1, 2024, and Section 5-110 takes effect on | ||
the effective date of House Bill 2041 of the 103rd General | ||
Assembly or upon becoming law, whichever is later.
|