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1		AN ACT concerning State government.
2		Be it enacted by the People of the State of Illinois,
3		represented in the General Assembly:
4		ARTICLE 1.
5		Section 1-1. Short Title. This Act may be cited as the
6		FY2023 Budget Implementation Act.
7		Section 1-5. Purpose. It is the purpose of this Act to make
8		changes in State programs that are necessary to implement the
9		State budget for Fiscal Year 2023.
10		ARTICLE 3.
11		Section 3-1. This Article may be referred to as the
12		Climate Jobs Institute Law. References in this Article to
13		"this Act" mean this Article.
14		Section 3-5. Findings and intent. The General Assembly
15		finds that:
16		(1) Public Act 102-662 places the State on a path
17		toward 100% clean energy by 2050;
18		(2) the transition to a carbon-free energy economy
19		will have a significant economic, ecological, and

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1		sociological impact on the State's residents;
2		(3) rigorous data collection and research are needed
3		to help minimize job loss, maximize high-quality job
4		creation and economic development, and facilitate just
5		transitions, workforce development programs, and
6		activities necessary to meet the increased labor demand in
7		the State's clean-energy sector;
8		(4) the State finds that an equitable transition to a
9		clean-energy economy must be guided by applied research
10		that provides detailed, nuanced information about the
11		labor, employment, and broader social and economic impacts
12		of decarbonizing the State's economy;
13		(5) collecting and analyzing labor and employment data
14		in the clean-energy sector is essential for creating a
15		clean-energy economy that prioritizes local resources,
16		improves resiliency, and promotes energy independence; and
17		(6) the State has a strong interest in ensuring that
18		State residents, especially those from environmental
19		justice and historically underserved communities, have
20		access to safe, well-paying, clean-energy jobs, supporting
21		displaced energy workers in the transition to a
22		clean-energy economy; and creating workforce development
23		programs to meet the labor demand in the clean-energy
24		industry.
25		The General Assembly intends that, in order to promote
26		those interests in the State's growing clean-energy sector, a

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1		Climate Jobs Institute should be created that will produce
2		high-quality data, research, and educational opportunities to
3		inform policymakers, industry partners, labor organizations,
4		and other relevant stakeholders in the development and
5		implementation of innovative and data-supported labor policies
6		for the emerging clean-energy economy.
7		Section 3-10. The University of Illinois Act is amended by
8		adding Section 165 as follows:
9		(110 ILCS 305/165 new)
10		Sec. 165. Climate Jobs Institute.
11		(a) Subject to appropriation and Section 7 of the Board of
12		Higher Education Act, the Board of Trustees shall establish
13		and operate a Climate Jobs Institute for the purpose of
14		producing high-quality, reliable, and accurate research on
15		labor, employment, and the broader social and economic impacts
16		of decarbonizing the State's economy. The Institute shall be
17		under the direction of the School of Labor and Employment
18		Relations at the University of Illinois at Urbana-Champaign.
19		The Dean of the School of Labor and Employment Relations shall
20		select the Executive Director of the Climate Jobs Institute.
21		The Executive Director shall submit a budget that includes a
22		staff plan to the Board of Trustees for approval. The
23		Executive Director shall consider suggestions from the Climate
24		Jobs Advisory Council in preparing the budget.

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1		(b) The Climate Jobs Advisory Council is created. The
2		Climate Jobs Advisory Council shall consist of stakeholders in
3		the clean-energy economy and be composed of the following
4		members:
5		(1) Four members representing statewide labor
6		organizations, appointed by the Governor.
7		(2) Three members representing environmental advocacy
8		organizations, appointed by the Governor.
9		(3) Three members representing the renewable energy
10		industry, appointed by the Governor.
11		(4) Two members from University of Illinois School of
12		Labor and Employment Relations faculty, appointed by the
13		Chancellor in consultation with the Dean of the School of
14		Labor and Employment Relations.
15		(5) Two members appointed by the President of the
16		Senate, who may or may not be elected officials.
17		(6) Two members appointed by the Speaker of the House
18		of Representatives, who may or may not be elected
19		officials.
20		(7) One member appointed by the Minority Leader of the
21		Senate, who may or may not be an elected official.
22		(8) One member appointed by the Minority Leader of the
23		House of Representatives, who may or may not be an elected
24		official.
25		(9) One member of the Illinois Senate Latino Caucus,
26		appointed by the President of the Senate.

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1		(10) One member of the Illinois Senate Black Caucus,
2		appointed by the President of the Senate.
3		(11) One member of the Illinois House Latino Caucus,
4		appointed by the Speaker of the House of Representatives.
5		(12) One member of the Illinois House Black Caucus,
6		appointed by the Speaker of the House of Representatives.
7		Members appointed to the Council shall serve 2-year terms
8		and may be reappointed. If a seat becomes vacant in the middle
9		of a term, the Governor shall appoint a replacement, who shall
10		serve for the remainder of that term. Members of the Council
11		shall serve without compensation.
12		(c) The Climate Jobs Institute's Executive Director, with
13		input from the Climate Jobs Advisory Council, shall set the
14		priorities, work processes, and timeline for implementing the
15		Institute's work. The Climate Jobs Institute's Executive
16		Director shall serve as Chairperson of the Council, and the
17		Council shall meet at the call of the Executive Director.
18		(d) The Climate Jobs Institute shall provide high-quality,
19		accurate information through research and education that
20		addresses key issues and questions to guide the State's
21		implementation and transition goals to a strong, equitable,
22		decarbonized economy. The Climate Jobs Institute may respond
23		to inquiries submitted by State lawmakers and State agencies.
24		(e) The Climate Jobs Institute shall do all of the
25		following:
26		(1) Evaluate how workforce opportunities in the

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1		clean-energy industry can provide just transitions for
2		displaced energy workers in the State. This duty shall
3		include, but is not limited to, identifying the industries
4		and demographics that will be most impacted by the
5		transition to a clean-energy economy, finding workforce
6		transition opportunities available to workers based on
7		level of skill and geographic location, identifying and
8		eliminating barriers that may prevent workers from
9		entering the clean-energy industry, and defining the
10		nature and level of job support that is necessary for a
11		successful employment transition to clean-energy jobs.
12		(2) Identify opportunities to maximize job creation
13		and workforce development in the State's clean-energy
14		industry, being particularly mindful of job creation in
15		historically underrepresented populations and
16		environmental justice communities. This duty shall
17		include, but is not limited to, identifying the types of
18		workforce development training programs and activities
19		that are needed to meet the workforce demand in the
20		clean-energy industry, identifying the types of
21		clean-energy activities that provide the greatest job
22		creation and economic benefits to various regions in the
23		State, and classifying the quantity and category of jobs
24		needed to meet the State's clean-energy commitment.
25		(3) Recommend policies that will create high-quality
26		family and community-sustaining jobs in the clean-energy

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1		economy. This duty shall include, but is not limited to,
2		identifying how wages, workforce development training, and
3		labor standards improve the quality of clean-energy jobs,
4		evaluating the economic impact of implementing high labor
5		standards, and identifying effective labor-standard
6		enforcement measures.
7		(4) Develop strategies to address current and future
8		supply chain vulnerabilities and challenges in the
9		clean-energy manufacturing industry. This duty shall
10		include, but is not limited to, identifying how the State
11		can incentivize the development of a clean-energy
12		manufacturing supply chain, including end-of-life
13		recycling for renewable-energy-generation components,
14		identifying the types of information and support that are
15		needed to help businesses transition to providing products
16		and services for the clean-energy economy, and assessing
17		what forms of low-interest loans, grants, and technical
18		assistance will best support business communities through
19		this transition.
20		(5) Identify how to expand access to high-quality
21		clean-energy jobs for environmental justice communities
22		and other frontline communities that have faced historical
23		inequities. This duty shall include, but is not limited
24		to, identifying best practices for building a pipeline for
25		workers participating in on-the-job training programs to
26		high quality careers in the clean-energy industry and

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1		identifying how the State can utilize clean-energy jobs
2		hubs and United States Department of Labor registered
3		apprenticeship programs to advance labor market equity.
4		(6) Assess the types of support that local governments
5		will need to help communities develop their own community
6		energy, climate, and jobs plans. This duty shall include,
7		but is not limited to, identifying the sociological,
8		ecological, and economic impact on local communities
9		resulting from the transition to a clean-energy economy
10		and ascertaining the type of financial and technical
11		support that local governments may need to navigate the
12		transition to a decarbonized economy.
13		(7) Evaluate initiatives, including the Public Schools
14		Carbon-Free Assessment programs, to retrofit schools for
15		energy efficiencies to create a safe, healthy,
16		cost-effective school environment, while contributing to
17		an environmentally sustainable State. This duty shall
18		include, but is not limited to, identifying the type of
19		research support that school districts may need to assess
20		initiatives to decarbonize public schools, identifying
21		best practices to prioritize assistance for school
22		districts most impacted by climate change, and
23		synthesizing the results of school energy audits to inform
24		policy decision making.
25		(f) The Climate Jobs Institute's research shall be
26		disseminated in ways that maximize the public dissemination of

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1		the Institute's research and recommendations, including public
2		policy reports, academic articles, highly interactive
3		web-based platforms, and labor, community, legislative, and
4		media outreach and education programs.
5		(g) The Climate Jobs Institute may coordinate with the
6		Department of Labor and the Department of Commerce and
7		Economic Opportunity to share data collected for, but not
8		limited to, the Bureau on Apprenticeship Programs and Clean
9		Energy Jobs and the Energy Community Reinvestment Report.
10		ARTICLE 4.
11		Section 4-1. Short title. This Article may be cited as the
12		Broadband Infrastructure Advancement Act. References in this
13		Article to "this Act" mean this Article.
14		Section 4-5. Findings. The General Assembly finds:
15		(1) that on November 15, 2021, the Infrastructure
16		Investment and Jobs Act was signed into law by President
17		Biden, which provides for historic levels of investment in
18		the nation's infrastructure;
19		(2) that the United States government has made
20		available $550,000,000,000 for new infrastructure
21		investment for state and local governments through the
22		Infrastructure Investment and Job Act;
23		(3) that it is essential that this State not lose out

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1		on funding made available through the Infrastructure
2		Investment and Jobs Infrastructure Investment and Jobs
3		Act;
4		(4) that investments in this State's bridges, roads,
5		highways, rail system, high-speed internet, and
6		electricity are essential to the public safety, economic
7		viability, and equity of all citizens in every part of
8		this State;
9		(5) that an important component of infrastructure in
10		the 21st century is access to affordable, reliable,
11		high-speed internet;
12		(6) that the persistent digital divide in this State
13		is a barrier to the economic competitiveness in the
14		economic distribution of essential public services,
15		including health care and education; and
16		(7) that the digital divide disproportionately affects
17		communities of color, lower-income areas, and rural areas,
18		and the benefits of broadband should be broadly enjoyed by
19		all citizens of this State.
20		Section 4-10. Intent. This Act is intended to be construed
21		in compliance and consistent with the Infrastructure
22		Investment and Jobs Act and all regulations, rules, guidance,
23		forms, instructions, and publications issued thereunder. In
24		any instance in which this Act conflicts with such
25		regulations, rules, guidance, forms, instructions, or

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1		publications, the latter shall prevail.
2		Section 4-15. Use of funds. Any plans, responses to
3		requests, letters of intent, application materials, or other
4		documents prepared describing the State's intended plan for
5		distributing broadband grants that must be submitted to the
6		federal government pursuant to Division F of the
7		Infrastructure Investment and Jobs Act and any associated
8		federal rule, regulation, or guidance in order to be eligible
9		to receive broadband grants pursuant to the Infrastructure
10		Investment and Jobs Act must be, to the extent practical,
11		submitted to the Legislative Budget Oversight Commission for
12		review and comment at least 30 days prior to submission to the
13		federal government. The Governor, or designated State entity
14		responsible for administering the grant programs pursuant to
15		Division F of the Infrastructure Investment and Jobs Act, must
16		consider comments and suggestions provided by the members of
17		the Legislative Budget Oversight Commission and members of the
18		public.
19		Section 4-20. Use of other broadband funds. The Department
20		of Commerce and Economic Opportunity, the Office of Broadband,
21		or any other State agency, board, office, or commission
22		appropriated funding to provide grants for broadband
23		deployment, broadband expansion, broadband access, broadband
24		affordability, and broadband improvement projects must

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1		establish program eligibility and selection criteria by
2		administrative rules.
3		Section 4-25. The General Assembly Operations Act is
4		amended by changing Section 20 as follows:
5		(25 ILCS 10/20)
6		(Section scheduled to be repealed on July 1, 2022)
7		Sec. 20. Legislative Budget Oversight Commission.
8		(a) The General Assembly hereby finds and declares that
9		the State is confronted with an unprecedented fiscal crisis.
10		In light of this crisis, and the challenges it presents for the
11		budgeting process, the General Assembly hereby establishes the
12		Legislative Budget Oversight Commission. The purpose of the
13		Commission is: to monitor budget management actions taken by
14		the Office of the Governor or Governor's Office of Management
15		and Budget; and to oversee the distribution and expenditure of
16		federal financial relief for State and local governments
17		related to the COVID-19 pandemic; and to advise and review
18		planned expenditures of State and federal grants for broadband
19		projects.
20		(b) At the request of the Commission, units of local
21		governments and State agency directors or their respective
22		designees shall report to the Commission on the status and
23		distribution of federal CARES money and any other federal
24		financial relief related to the COVID-19 pandemic.

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1		(c) In anticipation of constantly changing and
2		unpredictable economic circumstances, the Commission will
3		provide a means for the Governor's Office and the General
4		Assembly to maintain open communication about necessary budget
5		management actions during these unprecedented times. Beginning
6		August 15, 2020, the Governor's Office of Management and
7		Budget shall submit a monthly written report to the Commission
8		reporting any budget management actions taken by the Office of
9		the Governor, Governor's Office of Management and Budget, or
10		any State agency. At the call of one of the co-chairs On a
11		quarterly basis, the Governor or his or her designee shall
12		give a report to the Commission and each member thereof. The
13		report shall be given either in person or by telephonic or
14		videoconferencing means. The report shall include:
15		(1) any budget management actions taken by the Office
16		of the Governor, Governor's Office of Management and
17		Budget, or any agency or board under the Office of the
18		Governor in the prior quarter;
19		(2) year-to-date general funds revenues as compared to
20		anticipated revenues;
21		(3) year-to-date general funds expenditures as
22		compared to the Fiscal Year 2021 budget as enacted;
23		(4) a list, by program, of the number of grants
24		awarded, the aggregate amount of such grant awards, and
25		the aggregate amount of awards actually paid with respect
26		to all grants awarded from federal funds from the

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1		Coronavirus Relief Fund in accordance with Section 5001 of
2		the federal Coronavirus Aid, Relief, and Economic Security
3		(CARES) Act or from the Coronavirus State Fiscal Recovery
4		Fund in accordance with Section 9901 of the federal
5		American Rescue Plan Act of 2021, which shall identify the
6		number of grants awarded, the aggregate amount of such
7		grant awards, and the aggregate amount of such awards
8		actually paid to grantees located in or serving a
9		disproportionately impacted area, as defined in the
10		program from which the grant is awarded; and
11		(5) any additional items reasonably requested by the
12		Commission.
13		(c-5) Any plans, responses to requests, letters of intent,
14		application materials, or other documents prepared on behalf
15		of the State describing the State's intended plan for
16		distributing grants pursuant to Division F of the
17		Infrastructure Investment and Jobs Act must be, to the extent
18		practical, provided to the Legislative Budget Oversight
19		Commission for review at least 30 days prior to submission to
20		the appropriate federal entity. If plans, responses to
21		requests, letters of intent, application materials, or other
22		documents prepared on behalf of the State describing the
23		State's plan or goals for distributing grants pursuant to
24		Division F of the Infrastructure Investment and Jobs Act
25		cannot practically be given the Legislative Budget Oversight
26		Commission 30 days prior to submission to the appropriate

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1		federal entity, the materials shall be provided to the
2		Legislative Budget Oversight Commission with as much time for
3		review as practical. All documents provided to the Commission
4		shall be made available to the public on the General
5		Assembly's website. However, the following information shall
6		be redacted from any documents made available to the public:
7		(i) information specifically prohibited from disclosure by
8		federal or State law or federal or State rules and
9		regulations; (ii) trade secrets; (iii) security sensitive
10		information; and (iv) proprietary, privileged, or confidential
11		commercial or financial information from a privately held
12		person or business which, if disclosed, would cause
13		competitive harm. Members of the public and interested parties
14		may submit written comments to the Commission for
15		consideration. Prior to the State's submission to the
16		appropriate federal entity pursuant to this subsection, the
17		Commission shall conduct at least one public hearing during
18		which members of the public and other interested parties may
19		file written comments with and offer testimony before the
20		Commission. After completing its review and consideration of
21		any such testimony offered and written public comments
22		received, the Commission shall submit its written comments and
23		suggestions to the Governor or designated State entity
24		responsible for administering the grant programs under
25		Division F of the Infrastructure Investment and Jobs Act on
26		behalf of the State. The Governor, or designated State entity

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1		responsible for administering the grant programs pursuant to
2		Division F of the Infrastructure Investment and Jobs Act, must
3		consider comments and suggestions provided by the members of
4		the Legislative Budget Oversight Commission and members of the
5		public.
6		(c-10) At the request of the Commission, the Governor or
7		the designated State entity responsible for administering
8		programs under Division F of the Infrastructure Investment and
9		Jobs Act on behalf of the State must report on the grants
10		issued by the State pursuant to the programs under Division F
11		of the Infrastructure Investment and Jobs Act.
12		(d) The Legislative Budget Oversight Commission shall
13		consist of the following members:
14		(1) 7 members of the House of Representatives
15		appointed by the Speaker of the House of Representatives;
16		(2) 7 members of the Senate appointed by the Senate
17		President;
18		(3) 4 members of the House of Representatives
19		appointed by the Minority Leader of the House of
20		Representatives; and
21		(4) 4 members of the Senate appointed by the Senate
22		Minority Leader.
23		(e) The Speaker of the House of Representatives and the
24		Senate President shall each appoint one member of the
25		Commission to serve as a co-chair. The members of the
26		Commission shall serve without compensation.

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1		(f) As used in this Section:
2		"Budget management action" means any transfer between
3		appropriation lines exceeding 2%, fund transfer directed by
4		the Governor or the Governor's Office of Management and
5		Budget, designation of appropriation lines as reserve, or any
6		other discretionary action taken with regard to the Fiscal
7		Year 2021 budget as enacted;
8		"State agency" means all officers, boards, commissions,
9		departments, and agencies created by the Constitution, by law,
10		by Executive Order, or by order of the Governor in the
11		Executive Branch, other than the Offices of the Attorney
12		General, Secretary of State, Comptroller, or Treasurer.
13		(g) This Section is repealed July 1, 2023 2022.
14		(Source: P.A. 101-636, eff. 6-10-20; 102-16, eff. 6-17-21.)
15		ARTICLE 5.
16		Section 5-3. The Illinois Constitutional Amendment Act is
17		amended by changing Section 2 as follows:
18		(5 ILCS 20/2) (from Ch. 1, par. 103)
19		Sec. 2.
20		(a) The General Assembly in submitting an amendment to the
21		Constitution to the electors, or the proponents of an
22		amendment to Article IV of the Constitution submitted by
23		petition, shall prepare a brief explanation of such amendment,

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1		a brief argument in favor of the same, and the form in which
2		such amendment will appear on the separate ballot as provided
3		by Section 16-6 of the Election Code, as amended. The minority
4		of the General Assembly, or if there is no minority, anyone
5		designated by the General Assembly shall prepare a brief
6		argument against such amendment. The explanation, the
7		arguments for and against each constitutional amendment, and
8		the form in which the amendment will appear on the separate
9		ballot shall be approved by a joint resolution of the General
10		Assembly and filed in the office of the Secretary of State with
11		the proposed amendment.
12		(b) In the case of an amendment to Article IV of the
13		Constitution initiated pursuant to Section 3 of Article XIV of
14		the Constitution, the proponents shall be those persons so
15		designated at the time of the filing of the petition as
16		provided in Section 10-8 of the Election Code, and the
17		opponents shall be those members of the General Assembly
18		opposing such amendment, or if there are none, anyone
19		designated by the General Assembly and such opponents shall
20		prepare a brief argument against such amendment. The
21		proponent's explanation and argument in favor of and the
22		opponents argument against an amendment to Article IV
23		initiated by petition must be submitted to the Attorney
24		General, who may rewrite them for accuracy and fairness. The
25		explanation, the arguments for and against each constitutional
26		amendment, and the form in which the amendment will appear on

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1		the separate ballot shall be filed in the office of the
2		Secretary of State with the proposed amendment.
3		(c) At least 2 months one month before the next election of
4		members of the General Assembly, following the passage of the
5		proposed amendment, the Secretary of State shall publish the
6		amendment, in full in 8 point type, or the equivalent thereto,
7		in at least one secular newspaper of general circulation in
8		every county in this State in which a newspaper is published.
9		In counties in which 2 or more newspapers are published, the
10		Secretary of State shall cause such amendment to be published
11		in 2 newspapers. In counties having a population of 500,000 or
12		more, such amendment shall be published in not less than 6
13		newspapers of general circulation. After the first
14		publication, the publication of such amendment shall be
15		repeated once each week for 2 consecutive weeks. In selecting
16		newspapers in which to publish such amendment the Secretary of
17		State shall have regard solely to the circulation of such
18		newspapers, selecting secular newspapers in every case having
19		the largest circulation. The proposed amendment shall have a
20		notice prefixed thereto in said publications, that at such
21		election the proposed amendment will be submitted to the
22		electors for adoption or rejection, and at the end of the
23		official publication, he shall also publish the form in which
24		the proposed amendment will appear on the separate ballot. The
25		Secretary of State shall fix the publication fees to be paid
26		newspapers for making such publication, but in no case shall

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1		such publication fee exceed the amount charged by such
2		newspapers to private individuals for a like publication.
3		(d) In addition to the notice hereby required to be
4		published, the Secretary of State shall also cause the
5		existing form of the constitutional provision proposed to be
6		amended, the proposed amendment, the explanation of the same,
7		the arguments for and against the same, and the form in which
8		such amendment will appear on the separate ballot, to be
9		published in pamphlet form in 8 point type or the equivalent
10		thereto in English, in additional languages as required by
11		Section 203 of Title III of the federal Voting Rights Act of
12		1965, and in braille. The Secretary of State shall publish the
13		pamphlet on the Secretary's website in a downloadable,
14		printable format and maintain a reasonable supply of printed
15		pamphlets to be available upon request. The Secretary of State
16		shall publish an audio version of the pamphlet, which shall be
17		available for playback on the Secretary's website and made
18		available to any individual or entity upon request. ; and
19		(e) Except as provided in subsection (f), the Secretary of
20		State shall mail such pamphlet to every mailing address in the
21		State, addressed to the attention of the Postal Patron. He
22		shall also maintain a reasonable supply of such pamphlets so
23		as to make them available to any person requesting one.
24		(f) For any proposed constitutional amendment appearing on
25		the ballot for the general election on November 8, 2022, the
26		Secretary of State, in lieu of the requirement in subsection

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1		(e) of this Act, shall mail a postcard to every mailing address
2		in the State advising that a proposed constitutional amendment
3		will be considered at the general election. The postcard shall
4		include a URL to the Secretary of State's website that
5		contains the information required in subsection (d).
6		(Source: P.A. 98-463, eff. 8-16-13.)
7		Section 5-5. The Substance Use Disorder Act is amended by
8		changing Section 5-10 as follows:
9		(20 ILCS 301/5-10)
10		Sec. 5-10. Functions of the Department.
11		(a) In addition to the powers, duties and functions vested
12		in the Department by this Act, or by other laws of this State,
13		the Department shall carry out the following activities:
14		(1) Design, coordinate and fund comprehensive
15		community-based and culturally and gender-appropriate
16		services throughout the State. These services must include
17		prevention, early intervention, treatment, and other
18		recovery support services for substance use disorders that
19		are accessible and addresses the needs of at-risk
20		individuals and their families.
21		(2) Act as the exclusive State agency to accept,
22		receive and expend, pursuant to appropriation, any public
23		or private monies, grants or services, including those
24		received from the federal government or from other State

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1		agencies, for the purpose of providing prevention, early
2		intervention, treatment, and other recovery support
3		services for substance use disorders.
4		(2.5) In partnership with the Department of Healthcare
5		and Family Services, act as one of the principal State
6		agencies for the sole purpose of calculating the
7		maintenance of effort requirement under Section 1930 of
8		Title XIX, Part B, Subpart II of the Public Health Service
9		Act (42 U.S.C. 300x-30) and the Interim Final Rule (45 CFR
10		96.134).
11		(3) Coordinate a statewide strategy for the
12		prevention, early intervention, treatment, and recovery
13		support of substance use disorders. This strategy shall
14		include the development of a comprehensive plan, submitted
15		annually with the application for federal substance use
16		disorder block grant funding, for the provision of an
17		array of such services. The plan shall be based on local
18		community-based needs and upon data including, but not
19		limited to, that which defines the prevalence of and costs
20		associated with substance use disorders. This
21		comprehensive plan shall include identification of
22		problems, needs, priorities, services and other pertinent
23		information, including the needs of minorities and other
24		specific priority populations in the State, and shall
25		describe how the identified problems and needs will be
26		addressed. For purposes of this paragraph, the term

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1		"minorities and other specific priority populations" may
2		include, but shall not be limited to, groups such as
3		women, children, intravenous drug users, persons with AIDS
4		or who are HIV infected, veterans, African-Americans,
5		Puerto Ricans, Hispanics, Asian Americans, the elderly,
6		persons in the criminal justice system, persons who are
7		clients of services provided by other State agencies,
8		persons with disabilities and such other specific
9		populations as the Department may from time to time
10		identify. In developing the plan, the Department shall
11		seek input from providers, parent groups, associations and
12		interested citizens.
13		The plan developed under this Section shall include an
14		explanation of the rationale to be used in ensuring that
15		funding shall be based upon local community needs,
16		including, but not limited to, the incidence and
17		prevalence of, and costs associated with, substance use
18		disorders, as well as upon demonstrated program
19		performance.
20		The plan developed under this Section shall also
21		contain a report detailing the activities of and progress
22		made through services for the care and treatment of
23		substance use disorders among pregnant women and mothers
24		and their children established under subsection (j) of
25		Section 35-5.
26		As applicable, the plan developed under this Section

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1		shall also include information about funding by other
2		State agencies for prevention, early intervention,
3		treatment, and other recovery support services.
4		(4) Lead, foster and develop cooperation, coordination
5		and agreements among federal and State governmental
6		agencies and local providers that provide assistance,
7		services, funding or other functions, peripheral or
8		direct, in the prevention, early intervention, treatment,
9		and recovery support for substance use disorders. This
10		shall include, but shall not be limited to, the following:
11		(A) Cooperate with and assist other State
12		agencies, as applicable, in establishing and
13		conducting substance use disorder services among the
14		populations they respectively serve.
15		(B) Cooperate with and assist the Illinois
16		Department of Public Health in the establishment,
17		funding and support of programs and services for the
18		promotion of maternal and child health and the
19		prevention and treatment of infectious diseases,
20		including but not limited to HIV infection, especially
21		with respect to those persons who are high risk due to
22		intravenous injection of illegal drugs, or who may
23		have been sexual partners of these individuals, or who
24		may have impaired immune systems as a result of a
25		substance use disorder.
26		(C) Supply to the Department of Public Health and

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1		prenatal care providers a list of all providers who
2		are licensed to provide substance use disorder
3		treatment for pregnant women in this State.
4		(D) Assist in the placement of child abuse or
5		neglect perpetrators (identified by the Illinois
6		Department of Children and Family Services (DCFS)) who
7		have been determined to be in need of substance use
8		disorder treatment pursuant to Section 8.2 of the
9		Abused and Neglected Child Reporting Act.
10		(E) Cooperate with and assist DCFS in carrying out
11		its mandates to:
12		(i) identify substance use disorders among its
13		clients and their families; and
14		(ii) develop services to deal with such
15		disorders.
16		These services may include, but shall not be limited
17		to, programs to prevent or treat substance use
18		disorders with DCFS clients and their families,
19		identifying child care needs within such treatment,
20		and assistance with other issues as required.
21		(F) Cooperate with and assist the Illinois
22		Criminal Justice Information Authority with respect to
23		statistical and other information concerning the
24		incidence and prevalence of substance use disorders.
25		(G) Cooperate with and assist the State
26		Superintendent of Education, boards of education,

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1		schools, police departments, the Illinois State
2		Police, courts and other public and private agencies
3		and individuals in establishing prevention programs
4		statewide and preparing curriculum materials for use
5		at all levels of education.
6		(H) Cooperate with and assist the Illinois
7		Department of Healthcare and Family Services in the
8		development and provision of services offered to
9		recipients of public assistance for the treatment and
10		prevention of substance use disorders.
11		(I) (Blank).
12		(5) From monies appropriated to the Department from
13		the Drunk and Drugged Driving Prevention Fund, reimburse
14		DUI evaluation and risk education programs licensed by the
15		Department for providing indigent persons with free or
16		reduced-cost evaluation and risk education services
17		relating to a charge of driving under the influence of
18		alcohol or other drugs.
19		(6) Promulgate regulations to identify and disseminate
20		best practice guidelines that can be utilized by publicly
21		and privately funded programs as well as for levels of
22		payment to government funded programs that provide
23		prevention, early intervention, treatment, and other
24		recovery support services for substance use disorders and
25		those services referenced in Sections 15-10 and 40-5.
26		(7) In consultation with providers and related trade

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1		associations, specify a uniform methodology for use by
2		funded providers and the Department for billing and
3		collection and dissemination of statistical information
4		regarding services related to substance use disorders.
5		(8) Receive data and assistance from federal, State
6		and local governmental agencies, and obtain copies of
7		identification and arrest data from all federal, State and
8		local law enforcement agencies for use in carrying out the
9		purposes and functions of the Department.
10		(9) Designate and license providers to conduct
11		screening, assessment, referral and tracking of clients
12		identified by the criminal justice system as having
13		indications of substance use disorders and being eligible
14		to make an election for treatment under Section 40-5 of
15		this Act, and assist in the placement of individuals who
16		are under court order to participate in treatment.
17		(10) Identify and disseminate evidence-based best
18		practice guidelines as maintained in administrative rule
19		that can be utilized to determine a substance use disorder
20		diagnosis.
21		(11) (Blank).
22		(12) Make grants with funds appropriated from the Drug
23		Treatment Fund in accordance with Section 7 of the
24		Controlled Substance and Cannabis Nuisance Act, or in
25		accordance with Section 80 of the Methamphetamine Control
26		and Community Protection Act, or in accordance with

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1		subsections (h) and (i) of Section 411.2 of the Illinois
2		Controlled Substances Act, or in accordance with Section
3		6z-107 of the State Finance Act.
4		(13) Encourage all health and disability insurance
5		programs to include substance use disorder treatment as a
6		covered service and to use evidence-based best practice
7		criteria as maintained in administrative rule and as
8		required in Public Act 99-0480 in determining the
9		necessity for such services and continued stay.
10		(14) Award grants and enter into fixed-rate and
11		fee-for-service arrangements with any other department,
12		authority or commission of this State, or any other state
13		or the federal government or with any public or private
14		agency, including the disbursement of funds and furnishing
15		of staff, to effectuate the purposes of this Act.
16		(15) Conduct a public information campaign to inform
17		the State's Hispanic residents regarding the prevention
18		and treatment of substance use disorders.
19		(b) In addition to the powers, duties and functions vested
20		in it by this Act, or by other laws of this State, the
21		Department may undertake, but shall not be limited to, the
22		following activities:
23		(1) Require all organizations licensed or funded by
24		the Department to include an education component to inform
25		participants regarding the causes and means of
26		transmission and methods of reducing the risk of acquiring

HB4700 Enrolled - 29 - LRB102 24222 KTG 33451 b
1		or transmitting HIV infection and other infectious
2		diseases, and to include funding for such education
3		component in its support of the program.
4		(2) Review all State agency applications for federal
5		funds that include provisions relating to the prevention,
6		early intervention and treatment of substance use
7		disorders in order to ensure consistency.
8		(3) Prepare, publish, evaluate, disseminate and serve
9		as a central repository for educational materials dealing
10		with the nature and effects of substance use disorders.
11		Such materials may deal with the educational needs of the
12		citizens of Illinois, and may include at least pamphlets
13		that describe the causes and effects of fetal alcohol
14		spectrum disorders.
15		(4) Develop and coordinate, with regional and local
16		agencies, education and training programs for persons
17		engaged in providing services for persons with substance
18		use disorders, which programs may include specific HIV
19		education and training for program personnel.
20		(5) Cooperate with and assist in the development of
21		education, prevention, early intervention, and treatment
22		programs for employees of State and local governments and
23		businesses in the State.
24		(6) Utilize the support and assistance of interested
25		persons in the community, including recovering persons, to
26		assist individuals and communities in understanding the

HB4700 Enrolled - 30 - LRB102 24222 KTG 33451 b
1		dynamics of substance use disorders, and to encourage
2		individuals with substance use disorders to voluntarily
3		undergo treatment.
4		(7) Promote, conduct, assist or sponsor basic
5		clinical, epidemiological and statistical research into
6		substance use disorders and research into the prevention
7		of those problems either solely or in conjunction with any
8		public or private agency.
9		(8) Cooperate with public and private agencies,
10		organizations and individuals in the development of
11		programs, and to provide technical assistance and
12		consultation services for this purpose.
13		(9) (Blank).
14		(10) (Blank).
15		(11) Fund, promote, or assist entities dealing with
16		substance use disorders.
17		(12) With monies appropriated from the Group Home Loan
18		Revolving Fund, make loans, directly or through
19		subcontract, to assist in underwriting the costs of
20		housing in which individuals recovering from substance use
21		disorders may reside, pursuant to Section 50-40 of this
22		Act.
23		(13) Promulgate such regulations as may be necessary
24		to carry out the purposes and enforce the provisions of
25		this Act.
26		(14) Provide funding to help parents be effective in

HB4700 Enrolled - 31 - LRB102 24222 KTG 33451 b
1		preventing substance use disorders by building an
2		awareness of the family's role in preventing substance use
3		disorders through adjusting expectations, developing new
4		skills, and setting positive family goals. The programs
5		shall include, but not be limited to, the following
6		subjects: healthy family communication; establishing rules
7		and limits; how to reduce family conflict; how to build
8		self-esteem, competency, and responsibility in children;
9		how to improve motivation and achievement; effective
10		discipline; problem solving techniques; and how to talk
11		about drugs and alcohol. The programs shall be open to all
12		parents.
13		(c) There is created within the Department of Human
14		Services an Office of Opioid Settlement Administration. The
15		Office shall be responsible for implementing and administering
16		approved abatement programs as described in Exhibit B of the
17		Illinois Opioid Allocation Agreement, effective December 30,
18		2021. The Office may also implement and administer other
19		opioid-related programs, including but not limited to
20		prevention, treatment, and recovery services from other funds
21		made available to the Department of Human Services. The
22		Secretary of Human Services shall appoint or assign staff as
23		necessary to carry out the duties and functions of the Office.
24		(Source: P.A. 101-10, eff. 6-5-19; 102-538, eff. 8-20-21.)
25		Section 5-10. The Department of Central Management

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1		Services Law of the Civil Administrative Code of Illinois is
2		amended by changing Section 405-280 as follows:
3		(20 ILCS 405/405-280) (was 20 ILCS 405/67.15)
4		Sec. 405-280. State garages; charging stations; passenger
5		cars.
6		(a) To supervise and administer all State garages used for
7		the repair, maintenance, or servicing of State-owned motor
8		vehicles except those operated by any State college or
9		university or by the Illinois Mathematics and Science Academy;
10		to supervise and administer the design, purchase,
11		installation, operation, and maintenance of electric vehicle
12		charging infrastructure and associated improvements on any
13		property that is owned or controlled by the State; and to
14		acquire, maintain, and administer the operation of the
15		passenger cars reasonably necessary to the operations of the
16		executive department of the State government. To this end, the
17		Department shall adopt regulations setting forth guidelines
18		for the acquisition, use, maintenance, and replacement of
19		motor vehicles, including the use of ethanol blended gasoline
20		whenever feasible, used by the executive department of State
21		government; shall occupy the space and take possession of the
22		personnel, facilities, equipment, tools, and vehicles that are
23		in the possession or under the administration of the former
24		Department of Administrative Services for these purposes on
25		July 13, 1982 (the effective date of Public Act 82-789); and

HB4700 Enrolled - 33 - LRB102 24222 KTG 33451 b
1		shall, from time to time, acquire any further, additional, and
2		replacement facilities, space, tools, and vehicles that are
3		reasonably necessary for the purposes described in this
4		Section.
5		(a-5) Notwithstanding any State policy or rule to the
6		contrary, any State-owned motor vehicle requiring maintenance
7		in the form of an oil change shall have such maintenance
8		performed according to the applicable Department policy which
9		considers the manufacturer's suggested oil change frequency
10		for that vehicle's particular make, model, and year. The
11		Department shall evaluate the original equipment
12		manufacturer's oil change interval recommendations and other
13		related impacts periodically and consider policy adjustments
14		as is cost and operationally efficient for the State.
15		(b) The Department shall evaluate the availability and
16		cost of GPS systems that State agencies may be able to use to
17		track State-owned motor vehicles.
18		(c) The Department shall distribute a spreadsheet or
19		otherwise make data entry available to each State agency to
20		facilitate the collection of data for publishing on the
21		Department's Internet website. Each State agency shall
22		cooperate with the Department in furnishing the data necessary
23		for the implementation of this subsection within the timeframe
24		specified by the Department. Each State agency shall be
25		responsible for the validity and accuracy of the data
26		provided. Beginning on July 1, 2013, the Department shall make

HB4700 Enrolled - 34 - LRB102 24222 KTG 33451 b
1		available to the public on its Internet website the following
2		information:
3		(1) vehicle cost data, organized by individual vehicle
4		and by State agency, and including repair, maintenance,
5		fuel, insurance, and other costs, as well as whether
6		required vehicle inspections have been performed; and
7		(2) an annual vehicle breakeven analysis, organized by
8		individual vehicle and by State agency, comparing the
9		number of miles a vehicle has been driven with the total
10		cost of maintaining the vehicle.
11		(d) Beginning on January 1, 2013 (the effective date of
12		Public Act 97-922) this amendatory Act of the 97th General
13		Assembly, and notwithstanding any provision of law to the
14		contrary, the Department may not make any new motor vehicle
15		purchases until the Department sets forth procedures to
16		condition the purchase of new motor vehicles on (i) a
17		determination of need based on a breakeven analysis, and (ii)
18		a determination that no other available means, including car
19		sharing or rental agreements, would be more cost-effective to
20		the State. However, the Department may purchase motor vehicles
21		not meeting or exceeding a breakeven analysis only if there is
22		no alternative available to carry out agency work functions
23		and the purchase is approved by the Manager of the Division of
24		Vehicles upon the receipt of a written explanation from the
25		agency head of the operational needs justifying the purchase.
26		(Source: P.A. 100-651, eff. 1-1-19.)

HB4700 Enrolled - 35 - LRB102 24222 KTG 33451 b
1		Section 5-12. The Children and Family Services Act is
2		amended by adding Section 35.11 as follows:
3		(20 ILCS 505/35.11 new)
4		Sec. 35.11. Rate study. By November 1, 2022, the
5		Department of Children and Family Services shall issue a
6		request for proposal for a rate consultant to study and
7		develop potential new rates and rate methodologies using
8		objective, publicly available data sources, standard
9		administrative cost reporting, and provider-reported costs in
10		order to determine the resources necessary to create and
11		maintain a robust continuum of care in Illinois to meet the
12		needs of all youth in the Department's care, including, but
13		not limited to, therapeutic residential placements,
14		evidence-based alternatives to residential care including
15		therapeutic foster care, specialized foster care, community
16		supports for youth in care who are returned home to parents or
17		guardians, and emergency foster care and emergency shelter
18		care.
19		Section 5-15. The Department of Commerce and Economic
20		Opportunity Law of the Civil Administrative Code of Illinois
21		is amended by changing Sections 605-55 and 605-705 and by
22		adding Sections 605-1095 and 605-1100 as follows:

HB4700 Enrolled - 36 - LRB102 24222 KTG 33451 b
1		(20 ILCS 605/605-55) (was 20 ILCS 605/46.21)
2		Sec. 605-55. Contracts and other acts to accomplish
3		Department's duties. To make and enter into contracts,
4		including but not limited to making grants and loans to units
5		of local government, private agencies as defined in the
6		Illinois State Auditing Act, non-profit corporations,
7		educational institutions, and for-profit businesses as
8		authorized pursuant to appropriations by the General Assembly
9		from the Build Illinois Bond Fund, the Fund for Illinois'
10		Future, the Capital Development Fund, and the General Revenue
11		Fund, and, for Fiscal Year 2023 only, the Chicago Travel
12		Industry Promotion Fund, and generally to do all things that,
13		in its judgment, may be necessary, proper, and expedient in
14		accomplishing its duties.
15		(Source: P.A. 94-91, eff. 7-1-05.)
16		(20 ILCS 605/605-705) (was 20 ILCS 605/46.6a)
17		Sec. 605-705. Grants to local tourism and convention
18		bureaus.
19		(a) To establish a grant program for local tourism and
20		convention bureaus. The Department will develop and implement
21		a program for the use of funds, as authorized under this Act,
22		by local tourism and convention bureaus. For the purposes of
23		this Act, bureaus eligible to receive funds are those local
24		tourism and convention bureaus that are (i) either units of
25		local government or incorporated as not-for-profit

HB4700 Enrolled - 37 - LRB102 24222 KTG 33451 b
1		organizations; (ii) in legal existence for a minimum of 2
2		years before July 1, 2001; (iii) operating with a paid,
3		full-time staff whose sole purpose is to promote tourism in
4		the designated service area; and (iv) affiliated with one or
5		more municipalities or counties that support the bureau with
6		local hotel-motel taxes. After July 1, 2001, bureaus
7		requesting certification in order to receive funds for the
8		first time must be local tourism and convention bureaus that
9		are (i) either units of local government or incorporated as
10		not-for-profit organizations; (ii) in legal existence for a
11		minimum of 2 years before the request for certification; (iii)
12		operating with a paid, full-time staff whose sole purpose is
13		to promote tourism in the designated service area; and (iv)
14		affiliated with multiple municipalities or counties that
15		support the bureau with local hotel-motel taxes. Each bureau
16		receiving funds under this Act will be certified by the
17		Department as the designated recipient to serve an area of the
18		State. Notwithstanding the criteria set forth in this
19		subsection (a), or any rule adopted under this subsection (a),
20		the Director of the Department may provide for the award of
21		grant funds to one or more entities if in the Department's
22		judgment that action is necessary in order to prevent a loss of
23		funding critical to promoting tourism in a designated
24		geographic area of the State.
25		(b) To distribute grants to local tourism and convention
26		bureaus from appropriations made from the Local Tourism Fund

HB4700 Enrolled - 38 - LRB102 24222 KTG 33451 b
1		for that purpose. Of the amounts appropriated annually to the
2		Department for expenditure under this Section prior to July 1,
3		2011, one-third of those monies shall be used for grants to
4		convention and tourism bureaus in cities with a population
5		greater than 500,000. The remaining two-thirds of the annual
6		appropriation prior to July 1, 2011 shall be used for grants to
7		convention and tourism bureaus in the remainder of the State,
8		in accordance with a formula based upon the population served.
9		Of the amounts appropriated annually to the Department for
10		expenditure under this Section beginning July 1, 2011, 18% of
11		such moneys shall be used for grants to convention and tourism
12		bureaus in cities with a population greater than 500,000. Of
13		the amounts appropriated annually to the Department for
14		expenditure under this Section beginning July 1, 2011, 82% of
15		such moneys shall be used for grants to convention bureaus in
16		the remainder of the State, in accordance with a formula based
17		upon the population served. The Department may reserve up to
18		3% of total local tourism funds available for costs of
19		administering the program to conduct audits of grants, to
20		provide incentive funds to those bureaus that will conduct
21		promotional activities designed to further the Department's
22		statewide advertising campaign, to fund special statewide
23		promotional activities, and to fund promotional activities
24		that support an increased use of the State's parks or historic
25		sites. The Department shall require that any convention and
26		tourism bureau receiving a grant under this Section that

HB4700 Enrolled - 39 - LRB102 24222 KTG 33451 b
1		requires matching funds shall provide matching funds equal to
2		no less than 50% of the grant amount except that in Fiscal
3		Years 2021 through 2023 and 2022 only, the Department shall
4		require that any convention and tourism bureau receiving a
5		grant under this Section that requires matching funds shall
6		provide matching funds equal to no less than 25% of the grant
7		amount. During fiscal year 2013, the Department shall reserve
8		$2,000,000 of the available local tourism funds for
9		appropriation to the Historic Preservation Agency for the
10		operation of the Abraham Lincoln Presidential Library and
11		Museum and State historic sites.
12		To provide for the expeditious and timely implementation
13		of the changes made by Public Act 101-636 this amendatory Act
14		of the 101st General Assembly, emergency rules to implement
15		the changes made by Public Act 101-636 this amendatory Act of
16		the 101st General Assembly may be adopted by the Department
17		subject to the provisions of Section 5-45 of the Illinois
18		Administrative Procedure Act.
19		(Source: P.A. 101-636, eff. 6-10-20; 102-16, eff. 6-17-21.)
20		(20 ILCS 605/605-1095 new)
21		Sec. 605-1095. Hotel Jobs Recovery Grant Program.
22		(a) In 2019, the hotel industry in the State of Illinois
23		directly employed more than 60,000 people and generated
24		$4,000,000,000 in State and local taxes. During the first year
25		of the COVID-19 pandemic, one in three hotel workers were laid

HB4700 Enrolled - 40 - LRB102 24222 KTG 33451 b
1		off or furloughed, and hotels lost $3,600,000,000 in economic
2		activity. Unlike other segments of the hospitality industry,
3		the hotel industry has not received any direct hotel-specific
4		support from the federal government. Funds awarded under this
5		Section will be used by hotels to support their workforce and
6		recover from the COVID-19 pandemic.
7		(b) As used in this Section:
8		"Hotel" means any building or buildings in which the
9		public may, for a consideration, obtain living quarters,
10		sleeping or housekeeping accommodations. The term includes,
11		but is not limited to, inns, motels, tourist homes or courts,
12		lodging houses, rooming houses, retreat centers, conference
13		centers, and hunting lodges. "Hotel" does not include a
14		short-term rental.
15		"Short-term rental" means a single-family dwelling, or a
16		residential dwelling unit in a multi-unit structure,
17		condominium, cooperative, timeshare, or similar joint property
18		ownership arrangement, that is rented for a fee for less than
19		30 consecutive days. "Short-term rental" includes a vacation
20		rental.
21		"Operator" and "room" have the meanings given to those
22		terms in the Hotel Operators' Occupation Tax Act.
23		(c) The Department may receive State funds and, directly
24		or indirectly, federal funds under the authority of
25		legislation passed in response to the Coronavirus epidemic
26		including, but not limited to, the American Rescue Plan Act of

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1		2021, (Public Law 117-2) ("ARPA"); such funds shall be used in
2		accordance with the ARPA legislation and other State and
3		federal law. Upon receipt or availability of such State or
4		federal funds, and subject to appropriations for their use,
5		the Department shall establish the Hotel Jobs Recovery Grant
6		Program for the purpose of providing direct relief to hotels
7		impacted by the COVID-19 pandemic. Based on an application
8		filed by the hotel operator, the Department shall award a
9		one-time grant in an amount of up to $1,500 for each room in
10		the hotel. Every hotel in operation in the state prior to March
11		12, 2020 that remains in operation shall be eligible to apply
12		for the grant. Grant awards shall be scaled based on a process
13		determined by the Department, including reducing the grant
14		amount by previous state and local relief provided to the
15		business during the COVID-19 pandemic.
16		(d) Any operator who receives grant funds under this
17		Section shall use a minimum of 80% of the funds on payroll
18		costs, to the extent permitted by Section 9901 of ARPA,
19		including, but not limited to, wages, benefits, and employer
20		contributions to employee healthcare costs. The remaining
21		funds shall be used on any other costs and losses permitted by
22		ARPA.
23		(e) Within 12 months after receiving grant funds under
24		this Section, the operator shall submit a written attestation
25		to the Department acknowledging compliance with subsection
26		(d).

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1		(f) The Department may establish by rule administrative
2		procedures for the grant program, including any application
3		procedures, grant agreements, certifications, payment
4		methodologies, and other accountability measures that may be
5		imposed upon participants in the program. The emergency
6		rulemaking process may be used to promulgate the initial rules
7		of the program following the effective date of this amendatory
8		Act of the 102nd General Assembly.
9		(g) The Department has the power to issue grants and enter
10		into agreements with eligible hotels to carry out the purposes
11		of this program.
12		(h) This Section is repealed on December 31, 2024.
13		(20 ILCS 605/605-1100 new)
14		Sec. 605-1100. Restaurant Employment and Stabilization
15		Grant Program.
16		(a) As used in this Section, "eligible entity" means a
17		restaurant or tavern that meets all of the following criteria:
18		(1) the restaurant or tavern is located in the State
19		of Illinois;
20		(2) the restaurant or tavern is eligible to receive
21		federal grant funds under Section 5003 of the American
22		Rescue Plan Act of 2021 ("ARPA");
23		(3) the restaurant or tavern employs 50 or fewer
24		employees;
25		(4) the restaurant or tavern was in operation as of

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1		March 12, 2020 and remains in operation; and
2		(5) the restaurant or tavern has not received
3		financial assistance pursuant to the federal Restaurant
4		Revitalization Grant Program; the State Back to Business
5		Grant Program or the Business Interruption Grant program;
6		or any other local or State program providing more than
7		$10,000 in grants or forgiven loans since April 1, 2020.
8		(b) The Department may receive State funds and, directly
9		or indirectly, federal funds under the authority of
10		legislation passed in response to the Coronavirus epidemic
11		including, but not limited to, ARPA; such funds shall be used
12		in accordance with the ARPA legislation and other State and
13		federal law. Upon receipt or availability of such State or
14		federal funds, and subject to appropriations for their use,
15		the Department shall establish the Restaurant Employment and
16		Stabilization Grant Program for the purpose of providing
17		direct economic relief to eligible entities that continue to
18		be impacted by COVID-19 economic pandemic conditions. The
19		Department shall award a one-time grant in an amount of up to
20		$50,000 to each eligible entity. Grant award amounts will be
21		determined, based on the eligible entity's reported losses
22		during a timeframe determined by the Department.
23		(c) Eligible entities receiving grant funds under this
24		Section shall use those grant funds only for the following
25		purposes, to the extent permitted by Section 9901 of ARPA and
26		related federal guidance, including but not limited to the

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1		following: payroll costs; paid sick leave; employer
2		contributions to employee health care costs; payments of
3		principal or interest on any mortgage obligation; rent
4		payments, including rent under a lease agreement; utilities;
5		maintenance; and operational expenses.
6		(d) Within one year after receiving grant funds under this
7		Section, the eligible entity shall submit a written
8		attestation to the Department acknowledging compliance with
9		subsection (c). The Department shall establish additional
10		reporting requirements based on reporting guidelines
11		established by the U.S. Department of Treasury for Section
12		9901 of ARPA by administrative rule.
13		(e) If an eligible entity that receives a grant under this
14		Section fails to use all of those grant funds within one year
15		after receiving the grant, the eligible entity shall return to
16		the Department any grant funds that the eligible entity
17		received under this Section and did not use for allowable
18		expenses under subsection (c).
19		(f) The Department may establish by rule administrative
20		procedures for the grant program, including any application
21		procedures, grant agreements, certifications, payment
22		methodologies, and other accountability measures that may be
23		imposed upon participants in the program. The emergency
24		rulemaking process may be used to promulgate the initial rules
25		of the program following the effective date of this amendatory
26		Act of the 102nd General Assembly.

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1		(g) The Department has the power to issue grants and enter
2		into agreements with eligible entities to carry out the
3		purposes of this program.
4		(h) This Section is repealed on December 31, 2024.
5		Section 5-16. The Electric Vehicle Act is amended by
6		changing Section 15 as follows:
7		(20 ILCS 627/15)
8		Sec. 15. Electric Vehicle Coordinator. The Governor, with
9		the advice and consent of the Senate, shall appoint a person
10		within the Illinois Environmental Protection Agency to serve
11		as the Electric Vehicle Coordinator for the State of Illinois.
12		The Electric Vehicle Coordinator shall receive an annual
13		salary as set by the Governor and beginning July 1, 2022 shall
14		be compensated from appropriations made to the Comptroller for
15		this purpose. This person may be an existing employee with
16		other duties. The Coordinator shall act as a point person for
17		electric vehicle-related and electric vehicle charging-related
18		policies and activities in Illinois, including, but not
19		limited to, the issuance of electric vehicle rebates for
20		consumers and electric vehicle charging rebates for
21		organizations and companies.
22		(Source: P.A. 102-444, eff. 8-20-21; 102-662, eff. 9-15-21.)
23		Section 5-17. The Department of Natural Resources Act is

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1		amended by changing Section 1-15 as follows:
2		(20 ILCS 801/1-15)
3		Sec. 1-15. General powers and duties.
4		(a) It shall be the duty of the Department to investigate
5		practical problems, implement studies, conduct research and
6		provide assistance, information and data relating to the
7		technology and administration of the natural history,
8		entomology, zoology, and botany of this State; the geology and
9		natural resources of this State; the water and atmospheric
10		resources of this State; and the archeological and cultural
11		history of this State.
12		(b) The Department (i) shall obtain, store, and process
13		relevant data; recommend technological, administrative, and
14		legislative changes and developments; cooperate with other
15		federal, state, and local governmental research agencies,
16		facilities, or institutes in the selection of projects for
17		study; cooperate with the Board of Higher Education and with
18		the public and private colleges and universities in this State
19		in developing relevant interdisciplinary approaches to
20		problems; and evaluate curricula at all levels of education
21		and provide assistance to instructors and (ii) may sponsor an
22		annual conference of leaders in government, industry, health,
23		and education to evaluate the state of this State's
24		environment and natural resources.
25		(c) The Director, in accordance with the Personnel Code,

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1		shall employ such personnel, provide such facilities, and
2		contract for such outside services as may be necessary to
3		carry out the purposes of the Department. Maximum use shall be
4		made of existing federal and state agencies, facilities, and
5		personnel in conducting research under this Act.
6		(c-5) The Department may use the services of, and enter
7		into necessary agreements with, outside entities for the
8		purpose of evaluating grant applications and for the purpose
9		of administering or monitoring compliance with grant
10		agreements. Contracts under this subsection shall not exceed 2
11		years in length.
12		(d) In addition to its other powers, the Department has
13		the following powers:
14		(1) To obtain, store, process, and provide data and
15		information related to the powers and duties of the
16		Department under this Act. This subdivision (d)(1) does
17		not give authority to the Department to require reports
18		from nongovernmental sources or entities.
19		(2) To cooperate with and support the Illinois Science
20		and Technology Advisory Committee and the Illinois
21		Coalition for the purpose of facilitating the effective
22		operations and activities of such entities. Support may
23		include, but need not be limited to, providing space for
24		the operations of the Committee and the Illinois
25		Coalition.
26		(e) The Department is authorized to make grants to local

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1		not-for-profit organizations for the purposes of development,
2		maintenance and study of wetland areas.
3		(f) The Department has the authority to accept, receive
4		and administer on behalf of the State any gifts, bequests,
5		donations, income from property rental and endowments. Any
6		such funds received by the Department shall be deposited into
7		the Natural Resources Fund, a special fund which is hereby
8		created in the State treasury, and used for the purposes of
9		this Act or, when appropriate, for such purposes and under
10		such restrictions, terms and conditions as are predetermined
11		by the donor or grantor of such funds or property. Any accrued
12		interest from money deposited into the Natural Resources Fund
13		shall be reinvested into the Fund and used in the same manner
14		as the principal. The Director shall maintain records which
15		account for and assure that restricted funds or property are
16		disbursed or used pursuant to the restrictions, terms or
17		conditions of the donor.
18		(g) The Department shall recognize, preserve, and promote
19		our special heritage of recreational hunting and trapping by
20		providing opportunities to hunt and trap in accordance with
21		the Wildlife Code.
22		(h) Within 5 years after the effective date of this
23		amendatory Act of the 102nd General Assembly, the Department
24		shall fly a United States Flag, an Illinois flag, and a POW/MIA
25		flag at all State parks. Donations may be made by groups and
26		individuals to the Department's Special Projects Fund for

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1		costs related to the implementation of this subsection.
2		(Source: P.A. 102-388, eff. 1-1-22.)
3		Section 5-18. The Department of Human Services Act is
4		amended by changing Section 1-20 as follows:
5		(20 ILCS 1305/1-20)
6		Sec. 1-20. General powers and duties.
7		(a) The Department shall exercise the rights, powers,
8		duties, and functions provided by law, including (but not
9		limited to) the rights, powers, duties, and functions
10		transferred to the Department under Article 80 and Article 90
11		of this Act.
12		(b) The Department may employ personnel (in accordance
13		with the Personnel Code), provide facilities, contract for
14		goods and services, and adopt rules as necessary to carry out
15		its functions and purposes, all in accordance with applicable
16		State and federal law.
17		(c) On and after the date 6 months after the effective date
18		of this amendatory Act of the 98th General Assembly, as
19		provided in the Executive Order 1 (2012) Implementation Act,
20		all of the powers, duties, rights, and responsibilities
21		related to State healthcare purchasing under this Act that
22		were transferred from the Department to the Department of
23		Healthcare and Family Services by Executive Order 3 (2005) are
24		transferred back to the Department.

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1		(d) The Department may utilize the services of, and enter
2		into necessary agreements with, outside entities for the
3		purpose of evaluating grant applications and administration of
4		or monitoring compliance with grant agreements. Contracts
5		pursuant to this subsection shall not exceed 2 years in
6		length.
7		(Source: P.A. 98-488, eff. 8-16-13.)
8		Section 5-20. The Illinois Commission on Volunteerism and
9		Community Service Act is amended by adding Section 4.5 as
10		follows:
11		(20 ILCS 1345/4.5 new)
12		Sec. 4.5. Serve Illinois Commission Fund; creation. The
13		Serve Illinois Commission Fund is created as a special fund in
14		the State treasury. All federal grant moneys awarded in
15		support of the activities authorized under this Act to the
16		Department of Human Services or the Commission may be
17		deposited into the Serve Illinois Commission Fund. In addition
18		to federal grant moneys, the Department and the Commission may
19		accept and deposit into the Serve Illinois Commission Fund any
20		other funds, grants, gifts, and bequests from any source,
21		public or private, in support of the activities authorized
22		under this Act. Appropriations from the Serve Illinois
23		Commission Fund shall be used for operations, grants, and
24		other purposes as authorized by this Act. Upon written

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1		notification by the Secretary of Human Services, the State
2		Comptroller shall direct and the State Treasurer shall
3		transfer any remaining balance in the Federal National
4		Community Services Grant Fund to the Serve Illinois Commission
5		Fund.
6		Section 5-25. The Illinois Lottery Law is amended by
7		changing Sections 2, 7.12, and 9.1 and by adding Sections 9.2
8		and 9.3 as follows:
9		(20 ILCS 1605/2) (from Ch. 120, par. 1152)
10		Sec. 2. This Act is enacted to implement and establish
11		within the State a lottery to be conducted by the State through
12		the Department. The entire net proceeds of the Lottery are to
13		be used for the support of the State's Common School Fund,
14		except as otherwise provided in this Act subsection (o) of
15		Section 9.1 and Sections 21.5, 21.6, 21.7, 21.8, 21.9, 21.10,
16		21.11, 21.12, and 21.13. The General Assembly finds that it is
17		in the public interest for the Department to conduct the
18		functions of the Lottery with the assistance of a private
19		manager under a management agreement overseen by the
20		Department. The Department shall be accountable to the General
21		Assembly and the people of the State through a comprehensive
22		system of regulation, audits, reports, and enduring
23		operational oversight. The Department's ongoing conduct of the
24		Lottery through a management agreement with a private manager

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1		shall act to promote and ensure the integrity, security,
2		honesty, and fairness of the Lottery's operation and
3		administration. It is the intent of the General Assembly that
4		the Department shall conduct the Lottery with the assistance
5		of a private manager under a management agreement at all times
6		in a manner consistent with 18 U.S.C. 1307(a)(1), 1307(b)(1),
7		1953(b)(4).
8		Beginning with Fiscal Year 2018 and every year thereafter,
9		any moneys transferred from the State Lottery Fund to the
10		Common School Fund shall be supplemental to, and not in lieu
11		of, any other money due to be transferred to the Common School
12		Fund by law or appropriation.
13		(Source: P.A. 101-81, eff. 7-12-19; 101-561, eff. 8-23-19;
14		102-558, eff. 8-20-21.)
15		(20 ILCS 1605/7.12)
16		(Section scheduled to be repealed on July 1, 2022)
17		Sec. 7.12. Internet program.
18		(a) The General Assembly finds that:
19		(1) the consumer market in Illinois has changed since
20		the creation of the Illinois State Lottery in 1974;
21		(2) the Internet has become an integral part of
22		everyday life for a significant number of Illinois
23		residents not only in regards to their professional life,
24		but also in regards to personal business and
25		communication; and

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1		(3) the current practices of selling lottery tickets
2		does not appeal to the new form of market participants who
3		prefer to make purchases on the Internet at their own
4		convenience.
5		It is the intent of the General Assembly to create an
6		Internet program for the sale of lottery tickets to capture
7		this new form of market participant.
8		(b) The Department shall create a program that allows an
9		individual 18 years of age or older to purchase lottery
10		tickets or shares on the Internet without using a Lottery
11		retailer with on-line status, as those terms are defined by
12		rule. The Department shall restrict the sale of lottery
13		tickets on the Internet to transactions initiated and received
14		or otherwise made exclusively within the State of Illinois.
15		The Department shall adopt rules necessary for the
16		administration of this program. These rules shall include,
17		among other things, requirements for marketing of the Lottery
18		to infrequent players, as well as limitations on the purchases
19		that may be made through any one individual's lottery account.
20		The provisions of this Act and the rules adopted under this Act
21		shall apply to the sale of lottery tickets or shares under this
22		program.
23		The Department is obligated to implement the program set
24		forth in this Section and Sections 7.15 and 7.16. The
25		Department may offer Lotto, Lucky Day Lotto, Mega Millions,
26		Powerball, Pick 3, Pick 4, and other draw games that are

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1		offered at retail locations through the Internet program. The
2		private manager shall obtain the Director's approval before
3		providing any draw games. Any draw game tickets that are
4		approved for sale by lottery licensees are automatically
5		approved for sale through the Internet program. The Department
6		shall maintain responsible gaming controls in its policies.
7		The Department shall authorize the private manager to
8		implement and administer the program pursuant to the
9		management agreement entered into under Section 9.1 and in a
10		manner consistent with the provisions of this Section. If a
11		private manager has not been selected pursuant to Section 9.1
12		at the time the Department is obligated to implement the
13		program, then the Department shall not proceed with the
14		program until after the selection of the private manager, at
15		which time the Department shall authorize the private manager
16		to implement and administer the program pursuant to the
17		management agreement entered into under Section 9.1 and in a
18		manner consistent with the provisions of this Section.
19		Nothing in this Section shall be construed as prohibiting
20		the Department from implementing and operating a website
21		portal whereby individuals who are 18 years of age or older
22		with an Illinois mailing address may apply to purchase lottery
23		tickets via subscription. Nothing in this Section shall also
24		be construed as prohibiting the Lottery draw game tickets
25		authorized for sale through the Internet program under this
26		Section from also continuing to be sold at retail locations by

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1		a lottery licensee pursuant to the Department's rules.
2		(c) (Blank).
3		(d) This Section is repealed on July 1, 2025 2022.
4		(Source: P.A. 100-23, eff. 7-6-17; 100-587, eff. 6-4-18;
5		101-35, eff. 6-28-19.)
6		(20 ILCS 1605/9.1)
7		Sec. 9.1. Private manager and management agreement.
8		(a) As used in this Section:
9		"Offeror" means a person or group of persons that responds
10		to a request for qualifications under this Section.
11		"Request for qualifications" means all materials and
12		documents prepared by the Department to solicit the following
13		from offerors:
14		(1) Statements of qualifications.
15		(2) Proposals to enter into a management agreement,
16		including the identity of any prospective vendor or
17		vendors that the offeror intends to initially engage to
18		assist the offeror in performing its obligations under the
19		management agreement.
20		"Final offer" means the last proposal submitted by an
21		offeror in response to the request for qualifications,
22		including the identity of any prospective vendor or vendors
23		that the offeror intends to initially engage to assist the
24		offeror in performing its obligations under the management
25		agreement.

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1		"Final offeror" means the offeror ultimately selected by
2		the Governor to be the private manager for the Lottery under
3		subsection (h) of this Section.
4		(b) By September 15, 2010, the Governor shall select a
5		private manager for the total management of the Lottery with
6		integrated functions, such as lottery game design, supply of
7		goods and services, and advertising and as specified in this
8		Section.
9		(c) Pursuant to the terms of this subsection, the
10		Department shall endeavor to expeditiously terminate the
11		existing contracts in support of the Lottery in effect on July
12		13, 2009 (the effective date of Public Act 96-37) in
13		connection with the selection of the private manager. As part
14		of its obligation to terminate these contracts and select the
15		private manager, the Department shall establish a mutually
16		agreeable timetable to transfer the functions of existing
17		contractors to the private manager so that existing Lottery
18		operations are not materially diminished or impaired during
19		the transition. To that end, the Department shall do the
20		following:
21		(1) where such contracts contain a provision
22		authorizing termination upon notice, the Department shall
23		provide notice of termination to occur upon the mutually
24		agreed timetable for transfer of functions;
25		(2) upon the expiration of any initial term or renewal
26		term of the current Lottery contracts, the Department

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1		shall not renew such contract for a term extending beyond
2		the mutually agreed timetable for transfer of functions;
3		or
4		(3) in the event any current contract provides for
5		termination of that contract upon the implementation of a
6		contract with the private manager, the Department shall
7		perform all necessary actions to terminate the contract on
8		the date that coincides with the mutually agreed timetable
9		for transfer of functions.
10		If the contracts to support the current operation of the
11		Lottery in effect on July 13, 2009 (the effective date of
12		Public Act 96-34) are not subject to termination as provided
13		for in this subsection (c), then the Department may include a
14		provision in the contract with the private manager specifying
15		a mutually agreeable methodology for incorporation.
16		(c-5) The Department shall include provisions in the
17		management agreement whereby the private manager shall, for a
18		fee, and pursuant to a contract negotiated with the Department
19		(the "Employee Use Contract"), utilize the services of current
20		Department employees to assist in the administration and
21		operation of the Lottery. The Department shall be the employer
22		of all such bargaining unit employees assigned to perform such
23		work for the private manager, and such employees shall be
24		State employees, as defined by the Personnel Code. Department
25		employees shall operate under the same employment policies,
26		rules, regulations, and procedures, as other employees of the

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1		Department. In addition, neither historical representation
2		rights under the Illinois Public Labor Relations Act, nor
3		existing collective bargaining agreements, shall be disturbed
4		by the management agreement with the private manager for the
5		management of the Lottery.
6		(d) The management agreement with the private manager
7		shall include all of the following:
8		(1) A term not to exceed 10 years, including any
9		renewals.
10		(2) A provision specifying that the Department:
11		(A) shall exercise actual control over all
12		significant business decisions;
13		(A-5) has the authority to direct or countermand
14		operating decisions by the private manager at any
15		time;
16		(B) has ready access at any time to information
17		regarding Lottery operations;
18		(C) has the right to demand and receive
19		information from the private manager concerning any
20		aspect of the Lottery operations at any time; and
21		(D) retains ownership of all trade names,
22		trademarks, and intellectual property associated with
23		the Lottery.
24		(3) A provision imposing an affirmative duty on the
25		private manager to provide the Department with material
26		information and with any information the private manager

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1		reasonably believes the Department would want to know to
2		enable the Department to conduct the Lottery.
3		(4) A provision requiring the private manager to
4		provide the Department with advance notice of any
5		operating decision that bears significantly on the public
6		interest, including, but not limited to, decisions on the
7		kinds of games to be offered to the public and decisions
8		affecting the relative risk and reward of the games being
9		offered, so the Department has a reasonable opportunity to
10		evaluate and countermand that decision.
11		(5) A provision providing for compensation of the
12		private manager that may consist of, among other things, a
13		fee for services and a performance based bonus as
14		consideration for managing the Lottery, including terms
15		that may provide the private manager with an increase in
16		compensation if Lottery revenues grow by a specified
17		percentage in a given year.
18		(6) (Blank).
19		(7) A provision requiring the deposit of all Lottery
20		proceeds to be deposited into the State Lottery Fund
21		except as otherwise provided in Section 20 of this Act.
22		(8) A provision requiring the private manager to
23		locate its principal office within the State.
24		(8-5) A provision encouraging that at least 20% of the
25		cost of contracts entered into for goods and services by
26		the private manager in connection with its management of

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1		the Lottery, other than contracts with sales agents or
2		technical advisors, be awarded to businesses that are a
3		minority-owned business, a women-owned business, or a
4		business owned by a person with disability, as those terms
5		are defined in the Business Enterprise for Minorities,
6		Women, and Persons with Disabilities Act.
7		(9) A requirement that so long as the private manager
8		complies with all the conditions of the agreement under
9		the oversight of the Department, the private manager shall
10		have the following duties and obligations with respect to
11		the management of the Lottery:
12		(A) The right to use equipment and other assets
13		used in the operation of the Lottery.
14		(B) The rights and obligations under contracts
15		with retailers and vendors.
16		(C) The implementation of a comprehensive security
17		program by the private manager.
18		(D) The implementation of a comprehensive system
19		of internal audits.
20		(E) The implementation of a program by the private
21		manager to curb compulsive gambling by persons playing
22		the Lottery.
23		(F) A system for determining (i) the type of
24		Lottery games, (ii) the method of selecting winning
25		tickets, (iii) the manner of payment of prizes to
26		holders of winning tickets, (iv) the frequency of

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1		drawings of winning tickets, (v) the method to be used
2		in selling tickets, (vi) a system for verifying the
3		validity of tickets claimed to be winning tickets,
4		(vii) the basis upon which retailer commissions are
5		established by the manager, and (viii) minimum
6		payouts.
7		(10) A requirement that advertising and promotion must
8		be consistent with Section 7.8a of this Act.
9		(11) A requirement that the private manager market the
10		Lottery to those residents who are new, infrequent, or
11		lapsed players of the Lottery, especially those who are
12		most likely to make regular purchases on the Internet as
13		permitted by law.
14		(12) A code of ethics for the private manager's
15		officers and employees.
16		(13) A requirement that the Department monitor and
17		oversee the private manager's practices and take action
18		that the Department considers appropriate to ensure that
19		the private manager is in compliance with the terms of the
20		management agreement, while allowing the manager, unless
21		specifically prohibited by law or the management
22		agreement, to negotiate and sign its own contracts with
23		vendors.
24		(14) A provision requiring the private manager to
25		periodically file, at least on an annual basis,
26		appropriate financial statements in a form and manner

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1		acceptable to the Department.
2		(15) Cash reserves requirements.
3		(16) Procedural requirements for obtaining the prior
4		approval of the Department when a management agreement or
5		an interest in a management agreement is sold, assigned,
6		transferred, or pledged as collateral to secure financing.
7		(17) Grounds for the termination of the management
8		agreement by the Department or the private manager.
9		(18) Procedures for amendment of the agreement.
10		(19) A provision requiring the private manager to
11		engage in an open and competitive bidding process for any
12		procurement having a cost in excess of $50,000 that is not
13		a part of the private manager's final offer. The process
14		shall favor the selection of a vendor deemed to have
15		submitted a proposal that provides the Lottery with the
16		best overall value. The process shall not be subject to
17		the provisions of the Illinois Procurement Code, unless
18		specifically required by the management agreement.
19		(20) The transition of rights and obligations,
20		including any associated equipment or other assets used in
21		the operation of the Lottery, from the manager to any
22		successor manager of the lottery, including the
23		Department, following the termination of or foreclosure
24		upon the management agreement.
25		(21) Right of use of copyrights, trademarks, and
26		service marks held by the Department in the name of the

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1		State. The agreement must provide that any use of them by
2		the manager shall only be for the purpose of fulfilling
3		its obligations under the management agreement during the
4		term of the agreement.
5		(22) The disclosure of any information requested by
6		the Department to enable it to comply with the reporting
7		requirements and information requests provided for under
8		subsection (p) of this Section.
9		(e) Notwithstanding any other law to the contrary, the
10		Department shall select a private manager through a
11		competitive request for qualifications process consistent with
12		Section 20-35 of the Illinois Procurement Code, which shall
13		take into account:
14		(1) the offeror's ability to market the Lottery to
15		those residents who are new, infrequent, or lapsed players
16		of the Lottery, especially those who are most likely to
17		make regular purchases on the Internet;
18		(2) the offeror's ability to address the State's
19		concern with the social effects of gambling on those who
20		can least afford to do so;
21		(3) the offeror's ability to provide the most
22		successful management of the Lottery for the benefit of
23		the people of the State based on current and past business
24		practices or plans of the offeror; and
25		(4) the offeror's poor or inadequate past performance
26		in servicing, equipping, operating or managing a lottery

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1		on behalf of Illinois, another State or foreign government
2		and attracting persons who are not currently regular
3		players of a lottery.
4		(f) The Department may retain the services of an advisor
5		or advisors with significant experience in financial services
6		or the management, operation, and procurement of goods,
7		services, and equipment for a government-run lottery to assist
8		in the preparation of the terms of the request for
9		qualifications and selection of the private manager. Any
10		prospective advisor seeking to provide services under this
11		subsection (f) shall disclose any material business or
12		financial relationship during the past 3 years with any
13		potential offeror, or with a contractor or subcontractor
14		presently providing goods, services, or equipment to the
15		Department to support the Lottery. The Department shall
16		evaluate the material business or financial relationship of
17		each prospective advisor. The Department shall not select any
18		prospective advisor with a substantial business or financial
19		relationship that the Department deems to impair the
20		objectivity of the services to be provided by the prospective
21		advisor. During the course of the advisor's engagement by the
22		Department, and for a period of one year thereafter, the
23		advisor shall not enter into any business or financial
24		relationship with any offeror or any vendor identified to
25		assist an offeror in performing its obligations under the
26		management agreement. Any advisor retained by the Department

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1		shall be disqualified from being an offeror. The Department
2		shall not include terms in the request for qualifications that
3		provide a material advantage whether directly or indirectly to
4		any potential offeror, or any contractor or subcontractor
5		presently providing goods, services, or equipment to the
6		Department to support the Lottery, including terms contained
7		in previous responses to requests for proposals or
8		qualifications submitted to Illinois, another State or foreign
9		government when those terms are uniquely associated with a
10		particular potential offeror, contractor, or subcontractor.
11		The request for proposals offered by the Department on
12		December 22, 2008 as "LOT08GAMESYS" and reference number
13		"22016176" is declared void.
14		(g) The Department shall select at least 2 offerors as
15		finalists to potentially serve as the private manager no later
16		than August 9, 2010. Upon making preliminary selections, the
17		Department shall schedule a public hearing on the finalists'
18		proposals and provide public notice of the hearing at least 7
19		calendar days before the hearing. The notice must include all
20		of the following:
21		(1) The date, time, and place of the hearing.
22		(2) The subject matter of the hearing.
23		(3) A brief description of the management agreement to
24		be awarded.
25		(4) The identity of the offerors that have been
26		selected as finalists to serve as the private manager.

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1		(5) The address and telephone number of the
2		Department.
3		(h) At the public hearing, the Department shall (i)
4		provide sufficient time for each finalist to present and
5		explain its proposal to the Department and the Governor or the
6		Governor's designee, including an opportunity to respond to
7		questions posed by the Department, Governor, or designee and
8		(ii) allow the public and non-selected offerors to comment on
9		the presentations. The Governor or a designee shall attend the
10		public hearing. After the public hearing, the Department shall
11		have 14 calendar days to recommend to the Governor whether a
12		management agreement should be entered into with a particular
13		finalist. After reviewing the Department's recommendation, the
14		Governor may accept or reject the Department's recommendation,
15		and shall select a final offeror as the private manager by
16		publication of a notice in the Illinois Procurement Bulletin
17		on or before September 15, 2010. The Governor shall include in
18		the notice a detailed explanation and the reasons why the
19		final offeror is superior to other offerors and will provide
20		management services in a manner that best achieves the
21		objectives of this Section. The Governor shall also sign the
22		management agreement with the private manager.
23		(i) Any action to contest the private manager selected by
24		the Governor under this Section must be brought within 7
25		calendar days after the publication of the notice of the
26		designation of the private manager as provided in subsection

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1		(h) of this Section.
2		(j) The Lottery shall remain, for so long as a private
3		manager manages the Lottery in accordance with provisions of
4		this Act, a Lottery conducted by the State, and the State shall
5		not be authorized to sell or transfer the Lottery to a third
6		party.
7		(k) Any tangible personal property used exclusively in
8		connection with the lottery that is owned by the Department
9		and leased to the private manager shall be owned by the
10		Department in the name of the State and shall be considered to
11		be public property devoted to an essential public and
12		governmental function.
13		(l) The Department may exercise any of its powers under
14		this Section or any other law as necessary or desirable for the
15		execution of the Department's powers under this Section.
16		(m) Neither this Section nor any management agreement
17		entered into under this Section prohibits the General Assembly
18		from authorizing forms of gambling that are not in direct
19		competition with the Lottery. The forms of gambling authorized
20		by Public Act 101-31 constitute authorized forms of gambling
21		that are not in direct competition with the Lottery.
22		(n) The private manager shall be subject to a complete
23		investigation in the third, seventh, and tenth years of the
24		agreement (if the agreement is for a 10-year term) by the
25		Department in cooperation with the Auditor General to
26		determine whether the private manager has complied with this

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1		Section and the management agreement. The private manager
2		shall bear the cost of an investigation or reinvestigation of
3		the private manager under this subsection.
4		(o) The powers conferred by this Section are in addition
5		and supplemental to the powers conferred by any other law. If
6		any other law or rule is inconsistent with this Section,
7		including, but not limited to, provisions of the Illinois
8		Procurement Code, then this Section controls as to any
9		management agreement entered into under this Section. This
10		Section and any rules adopted under this Section contain full
11		and complete authority for a management agreement between the
12		Department and a private manager. No law, procedure,
13		proceeding, publication, notice, consent, approval, order, or
14		act by the Department or any other officer, Department,
15		agency, or instrumentality of the State or any political
16		subdivision is required for the Department to enter into a
17		management agreement under this Section. This Section contains
18		full and complete authority for the Department to approve any
19		contracts entered into by a private manager with a vendor
20		providing goods, services, or both goods and services to the
21		private manager under the terms of the management agreement,
22		including subcontractors of such vendors.
23		Upon receipt of a written request from the Chief
24		Procurement Officer, the Department shall provide to the Chief
25		Procurement Officer a complete and un-redacted copy of the
26		management agreement or any contract that is subject to the

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1		Department's approval authority under this subsection (o). The
2		Department shall provide a copy of the agreement or contract
3		to the Chief Procurement Officer in the time specified by the
4		Chief Procurement Officer in his or her written request, but
5		no later than 5 business days after the request is received by
6		the Department. The Chief Procurement Officer must retain any
7		portions of the management agreement or of any contract
8		designated by the Department as confidential, proprietary, or
9		trade secret information in complete confidence pursuant to
10		subsection (g) of Section 7 of the Freedom of Information Act.
11		The Department shall also provide the Chief Procurement
12		Officer with reasonable advance written notice of any contract
13		that is pending Department approval.
14		Notwithstanding any other provision of this Section to the
15		contrary, the Chief Procurement Officer shall adopt
16		administrative rules, including emergency rules, to establish
17		a procurement process to select a successor private manager if
18		a private management agreement has been terminated. The
19		selection process shall at a minimum take into account the
20		criteria set forth in items (1) through (4) of subsection (e)
21		of this Section and may include provisions consistent with
22		subsections (f), (g), (h), and (i) of this Section. The Chief
23		Procurement Officer shall also implement and administer the
24		adopted selection process upon the termination of a private
25		management agreement. The Department, after the Chief
26		Procurement Officer certifies that the procurement process has

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1		been followed in accordance with the rules adopted under this
2		subsection (o), shall select a final offeror as the private
3		manager and sign the management agreement with the private
4		manager.
5		Through June 30, 2022, except Except as provided in
6		Sections 21.5, 21.6, 21.7, 21.8, 21.9, 21.10, 21.11, 21.12,
7		and 21.13 of this Act and Section 25-70 of the Sports Wagering
8		Act, the Department shall distribute all proceeds of lottery
9		tickets and shares sold in the following priority and manner:
10		(1) The payment of prizes and retailer bonuses.
11		(2) The payment of costs incurred in the operation and
12		administration of the Lottery, including the payment of
13		sums due to the private manager under the management
14		agreement with the Department.
15		(3) On the last day of each month or as soon thereafter
16		as possible, the State Comptroller shall direct and the
17		State Treasurer shall transfer from the State Lottery Fund
18		to the Common School Fund an amount that is equal to the
19		proceeds transferred in the corresponding month of fiscal
20		year 2009, as adjusted for inflation, to the Common School
21		Fund.
22		(4) On or before September 30 of each fiscal year,
23		deposit any estimated remaining proceeds from the prior
24		fiscal year, subject to payments under items (1), (2), and
25		(3), into the Capital Projects Fund. Beginning in fiscal
26		year 2019, the amount deposited shall be increased or

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1		decreased each year by the amount the estimated payment
2		differs from the amount determined from each year-end
3		financial audit. Only remaining net deficits from prior
4		fiscal years may reduce the requirement to deposit these
5		funds, as determined by the annual financial audit.
6		Beginning July 1, 2022, the Department shall distribute
7		all proceeds of lottery tickets and shares sold in the manner
8		and priority described in Section 9.3 of this Act.
9		(p) The Department shall be subject to the following
10		reporting and information request requirements:
11		(1) the Department shall submit written quarterly
12		reports to the Governor and the General Assembly on the
13		activities and actions of the private manager selected
14		under this Section;
15		(2) upon request of the Chief Procurement Officer, the
16		Department shall promptly produce information related to
17		the procurement activities of the Department and the
18		private manager requested by the Chief Procurement
19		Officer; the Chief Procurement Officer must retain
20		confidential, proprietary, or trade secret information
21		designated by the Department in complete confidence
22		pursuant to subsection (g) of Section 7 of the Freedom of
23		Information Act; and
24		(3) at least 30 days prior to the beginning of the
25		Department's fiscal year, the Department shall prepare an
26		annual written report on the activities of the private

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1		manager selected under this Section and deliver that
2		report to the Governor and General Assembly.
3		(Source: P.A. 101-31, eff. 6-28-19; 101-81, eff. 7-12-19;
4		101-561, eff. 8-23-19; 102-558, eff. 8-20-21.)
5		(20 ILCS 1605/9.2 new)
6		Sec. 9.2. Reconciliation of Fiscal Year 2017 through
7		Fiscal Year 2022 annual net lottery proceeds.
8		(a) The Office of the Auditor General concluded in the
9		Department's annual fiscal year audits for Fiscal Year 2017,
10		Fiscal Year 2018, Fiscal Year 2019, Fiscal Year 2020, and
11		Fiscal Year 2021 that annual net lottery proceeds from the
12		State Lottery Fund to the Common School Fund exceeded the
13		annual net lottery proceeds available to transfer as described
14		in subsection (o) of Section 9.1. The excess transfers to the
15		Common School Fund during those fiscal years resulted in
16		transfers of annual net lottery proceeds to the Capital
17		Projects Fund as required by paragraph (4) of subsection (o)
18		of Section 9.1 not being sent. The Department had no statutory
19		authority to offset future transfers as described in paragraph
20		(4) of subsection (a) of Section 9.3 during Fiscal Year 2017,
21		Fiscal Year 2018, Fiscal Year 2019, Fiscal Year 2020, or
22		Fiscal Year 2021 to reconcile the discrepancies.
23		(b) The Department is hereby authorized to reconcile the
24		discrepancies occurring in Fiscal Year 2017, Fiscal Year 2018,
25		Fiscal Year 2019, Fiscal Year 2020, and Fiscal Year 2021 as

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1		reported by the Office of the Auditor General. The Department
2		shall accomplish this reconciliation by offsetting its monthly
3		transfers to the Common School Fund to recover the resulting
4		cash deficit in the State Lottery Fund and separately
5		transferring the deficient amounts owed to the Capital
6		Projects Fund. All offsets and transfers shall be done in
7		accordance with Generally Accepted Accounting Principles for
8		government entities. The Department shall determine, in
9		coordination with the Governor's Office of Management and
10		Budget, an appropriate schedule for the offsets and transfers.
11		All offsets and transfers shall be completed no later than
12		June 30, 2023.
13		(c) The Department is also authorized to reconcile any
14		discrepancies that may occur in Fiscal Year 2022, if the
15		annual net lottery proceeds transferred from the State Lottery
16		Fund to the Common School Fund exceed the annual net lottery
17		proceeds available to transfer. The Department shall determine
18		whether there were any excess transfers by June 30, 2023. The
19		Department shall reconcile any discrepancies by offsetting its
20		monthly transfers to the Common School Fund to recover the
21		resulting cash deficit in the State Lottery Fund and
22		separately transferring the deficient amounts owed to the
23		Capital Projects Fund. All offsets and transfers shall be done
24		in accordance with Generally Accepted Accounting principles.
25		All offsets and transfers for Fiscal Year 2022 discrepancies
26		shall be completed no later than June 30, 2024.

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1		(d) This Section is repealed on January 1, 2025.
2		(20 ILCS 1605/9.3 new)
3		Sec. 9.3. Expenditure and distribution of lottery
4		proceeds.
5		(a) Beginning July 1, 2022, except as provided in Sections
6		21.5, 21.6, 21.7, 21.8, 21.9, 21.10, 21.11, 21.12, and 21.13
7		of this Act and Section 25-70 of the Sports Wagering Act, the
8		Department shall distribute all proceeds of lottery tickets
9		and shares sold in the following priority and manner:
10		(1) The payment of prizes and retailer bonuses.
11		(2) The payment of costs incurred in the operation and
12		administration of the Lottery, including the payment of
13		sums due to the private manager under the management
14		agreement with the Department and including costs of
15		administering the Lottery sports wagering program pursuant
16		to Section 25-70 of the Sports Wagering Act.
17		(3) On the last day of each month or as soon thereafter
18		as possible, the State Comptroller shall direct and the
19		State Treasurer shall transfer from the State Lottery Fund
20		to the Common School Fund the Department's estimate of net
21		lottery proceeds.
22		(4) If an amount in excess of the annual net lottery
23		proceeds is transferred for a fiscal year, then the
24		Department shall offset the monthly transfers of estimated
25		net lottery proceeds during the following fiscal year by

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1		that excess amount. If an amount less than the annual net
2		lottery proceeds is transferred for a fiscal year, then
3		after the related annual fiscal year audit is completed
4		following such fiscal year, the Department shall direct
5		the deposit of any remaining annual net lottery proceeds
6		from such fiscal year, subject to payments under
7		paragraphs (1) and (2), into the Common School Fund as
8		soon thereafter as possible.
9		(b) The net lottery proceeds shall be determined by
10		deducting from total annual lottery proceeds the expenditures
11		required by paragraphs (1) and (2) of subsection (a). The
12		total annual lottery proceeds and annual net lottery proceeds
13		shall be determined according to generally accepted accounting
14		principles for governmental entities and verified by an annual
15		fiscal year audit.
16		Section 5-27. The Department of Public Health Powers and
17		Duties Law of the Civil Administrative Code of Illinois is
18		amended by adding Section 2310-50.10 as follows:
19		(20 ILCS 2310/2310-50.10 new)
20		Sec. 2310-50.10. Coordination with outside entities for
21		grants management. To utilize the services of, and enter into
22		necessary agreements with, outside entities for the purpose of
23		evaluating grant applications and administration of or
24		monitoring compliance with grant agreements. Contracts

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1		pursuant to this subsection shall not exceed 2 years in
2		length.
3		Section 5-30. The Illinois Council on Developmental
4		Disabilities Law is amended by changing Section 2003 as
5		follows:
6		(20 ILCS 4010/2003) (from Ch. 91 1/2, par. 1953)
7		Sec. 2003. Council. The Illinois Council on Developmental
8		Disabilities is hereby created as an executive agency of State
9		government. The Council shall be composed of 29 members,
10		governed by a chairperson, and headed by a director. The
11		functions of the council shall be as prescribed in Chapter 75
12		of Title 42 of the United States Code (42 U.S.C. 6000, et
13		seq.), as now or hereafter amended, and in Section 2006 of this
14		Article.
15		The Council shall receive and disburse funds authorized
16		under Chapter 75 of Title 42 of the United States Code (42
17		U.S.C. 6000, et seq.), as now or hereafter amended. The
18		Council may also receive funds from any source, public or
19		private, to be used for the purposes authorized by this Act or
20		otherwise authorized by law.
21		(Source: P.A. 91-798, eff. 7-9-00.)
22		Section 5-33. The General Assembly Compensation Act is
23		amended by changing Section 4 as follows:

HB4700 Enrolled - 77 - LRB102 24222 KTG 33451 b
1		(25 ILCS 115/4) (from Ch. 63, par. 15.1)
2		Sec. 4. Office allowance. Beginning July 1, 2001 and
3		through July 1, 2020, each member of the House of
4		Representatives is authorized to approve the expenditure of
5		not more than $61,000 per year and each member of the Senate is
6		authorized to approve the expenditure of not more than $73,000
7		per year to pay for "personal services", "contractual
8		services", "commodities", "printing", "travel", "operation of
9		automotive equipment", "telecommunications services", as
10		defined in the State Finance Act, and the compensation of one
11		or more legislative assistants authorized pursuant to this
12		Section, in connection with his or her legislative duties and
13		not in connection with any political campaign. On July 1, 2002
14		and on July 1 of each year thereafter, the amount authorized
15		per year under this Section for each member of the Senate and
16		each member of the House of Representatives shall be increased
17		by a percentage increase equivalent to the lesser of (i) the
18		increase in the designated cost of living index or (ii) 5%. The
19		designated cost of living index is the index known as the
20		"Employment Cost Index, Wages and Salaries, By Occupation and
21		Industry Groups: State and Local Government Workers: Public
22		Administration" as published by the Bureau of Labor Statistics
23		of the U.S. Department of Labor for the calendar year
24		immediately preceding the year of the respective July 1st
25		increase date. The increase shall be added to the then current

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1		amount, and the adjusted amount so determined shall be the
2		annual amount beginning July 1 of the increase year until July
3		1 of the next year. No increase under this provision shall be
4		less than zero.
5		Beginning July 1, 2021, each member of the House of
6		Representatives is authorized to approve the expenditure of
7		not more than $179,000 per year and each member of the Senate
8		is authorized to approve the expenditure of not more than
9		$214,000 per year to pay for "personal services", "contractual
10		services", "commodities", "printing", "travel", "operation of
11		automotive equipment", "telecommunications services", as
12		defined in the State Finance Act, and the compensation of one
13		or more legislative assistants authorized pursuant to this
14		Section, in connection with his or her legislative duties and
15		not in connection with any political campaign. On July 1, 2022
16		and on July 1 of each year thereafter, the amount authorized
17		per year under this Section for each member of the Senate and
18		each member of the House of Representatives shall be increased
19		by a percentage increase equivalent to the lesser of (i) the
20		increase in the designated cost of living index or (ii) 5%. The
21		designated cost of living index is the index known as the
22		"Employment Cost Index, Wages and Salaries, By Occupation and
23		Industry Groups: State and Local Government Workers: Public
24		Administration" as published by the Bureau of Labor Statistics
25		of the U.S. Department of Labor for the calendar year
26		immediately preceding the year of the respective July 1st

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1		increase date. The increase shall be added to the then current
2		amount, and the adjusted amount so determined shall be the
3		annual amount beginning July 1 of the increase year until July
4		1 of the next year. No increase under this provision shall be
5		less than zero.
6		A member may purchase office equipment if the member
7		certifies to the Secretary of the Senate or the Clerk of the
8		House, as applicable, that the purchase price, whether paid in
9		lump sum or installments, amounts to less than would be
10		charged for renting or leasing the equipment over its
11		anticipated useful life. All such equipment must be purchased
12		through the Secretary of the Senate or the Clerk of the House,
13		as applicable, for proper identification and verification of
14		purchase.
15		Each member of the General Assembly is authorized to
16		employ one or more legislative assistants, who shall be solely
17		under the direction and control of that member, for the
18		purpose of assisting the member in the performance of his or
19		her official duties. A legislative assistant may be employed
20		pursuant to this Section as a full-time employee, part-time
21		employee, or contractual employee, at the discretion of the
22		member. If employed as a State employee, a legislative
23		assistant shall receive employment benefits on the same terms
24		and conditions that apply to other employees of the General
25		Assembly. Each member shall adopt and implement personnel
26		policies for legislative assistants under his or her direction

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1		and control relating to work time requirements, documentation
2		for reimbursement for travel on official State business,
3		compensation, and the earning and accrual of State benefits
4		for those legislative assistants who may be eligible to
5		receive those benefits. The policies shall also require
6		legislative assistants to periodically submit time sheets
7		documenting, in quarter-hour increments, the time spent each
8		day on official State business. The policies shall require the
9		time sheets to be submitted on paper, electronically, or both
10		and to be maintained in either paper or electronic format by
11		the applicable fiscal office for a period of at least 2 years.
12		Contractual employees may satisfy the time sheets requirement
13		by complying with the terms of their contract, which shall
14		provide for a means of compliance with this requirement. A
15		member may satisfy the requirements of this paragraph by
16		adopting and implementing the personnel policies promulgated
17		by that member's legislative leader under the State Officials
18		and Employees Ethics Act with respect to that member's
19		legislative assistants.
20		As used in this Section the term "personal services" shall
21		include contributions of the State under the Federal Insurance
22		Contribution Act and under Article 14 of the Illinois Pension
23		Code. As used in this Section the term "contractual services"
24		shall not include improvements to real property unless those
25		improvements are the obligation of the lessee under the lease
26		agreement. Beginning July 1, 1989, as used in the Section, the

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1		term "travel" shall be limited to travel in connection with a
2		member's legislative duties and not in connection with any
3		political campaign. Beginning on the effective date of this
4		amendatory Act of the 93rd General Assembly, as used in this
5		Section, the term "printing" includes, but is not limited to,
6		newsletters, brochures, certificates, congratulatory
7		mailings, greeting or welcome messages, anniversary or
8		birthday cards, and congratulations for prominent achievement
9		cards. As used in this Section, the term "printing" includes
10		fees for non-substantive resolutions charged by the Clerk of
11		the House of Representatives under subsection (c-5) of Section
12		1 of the Legislative Materials Act. No newsletter or brochure
13		that is paid for, in whole or in part, with funds provided
14		under this Section may be printed or mailed during a period
15		beginning February 1 of the year of a general primary
16		election, except that in 2022 the period shall begin on May 15,
17		2022, and ending the day after the general primary election
18		and during a period beginning September 1 of the year of a
19		general election and ending the day after the general
20		election, except that such a newsletter or brochure may be
21		mailed during those times if it is mailed to a constituent in
22		response to that constituent's inquiry concerning the needs of
23		that constituent or questions raised by that constituent. The
24		printing or mailing of any newsletter or brochure paid for, in
25		whole or in part, with funds under this Section between
26		February 1, 2022 and the effective date of this amendatory Act

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1		of the 102nd General Assembly shall not be considered a
2		violation of this Section. Nothing in this Section shall be
3		construed to authorize expenditures for lodging and meals
4		while a member is in attendance at sessions of the General
5		Assembly.
6		Any utility bill for service provided to a member's
7		district office for a period including portions of 2
8		consecutive fiscal years may be paid from funds appropriated
9		for such expenditure in either fiscal year.
10		If a vacancy occurs in the office of Senator or
11		Representative in the General Assembly, any office equipment
12		in the possession of the vacating member shall transfer to the
13		member's successor; if the successor does not want such
14		equipment, it shall be transferred to the Secretary of the
15		Senate or Clerk of the House of Representatives, as the case
16		may be, and if not wanted by other members of the General
17		Assembly then to the Department of Central Management Services
18		for treatment as surplus property under the State Property
19		Control Act. Each member, on or before June 30th of each year,
20		shall conduct an inventory of all equipment purchased pursuant
21		to this Act. Such inventory shall be filed with the Secretary
22		of the Senate or the Clerk of the House, as the case may be.
23		Whenever a vacancy occurs, the Secretary of the Senate or the
24		Clerk of the House, as the case may be, shall conduct an
25		inventory of equipment purchased.
26		In the event that a member leaves office during his or her

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1		term, any unexpended or unobligated portion of the allowance
2		granted under this Section shall lapse. The vacating member's
3		successor shall be granted an allowance in an amount, rounded
4		to the nearest dollar, computed by dividing the annual
5		allowance by 365 and multiplying the quotient by the number of
6		days remaining in the fiscal year.
7		From any appropriation for the purposes of this Section
8		for a fiscal year which overlaps 2 General Assemblies, no more
9		than 1/2 of the annual allowance per member may be spent or
10		encumbered by any member of either the outgoing or incoming
11		General Assembly, except that any member of the incoming
12		General Assembly who was a member of the outgoing General
13		Assembly may encumber or spend any portion of his annual
14		allowance within the fiscal year.
15		The appropriation for the annual allowances permitted by
16		this Section shall be included in an appropriation to the
17		President of the Senate and to the Speaker of the House of
18		Representatives for their respective members. The President of
19		the Senate and the Speaker of the House shall voucher for
20		payment individual members' expenditures from their annual
21		office allowances to the State Comptroller, subject to the
22		authority of the Comptroller under Section 9 of the State
23		Comptroller Act.
24		Nothing in this Section prohibits the expenditure of
25		personal funds or the funds of a political committee
26		controlled by an officeholder to defray the customary and

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1		reasonable expenses of an officeholder in connection with the
2		performance of governmental and public service functions.
3		(Source: P.A. 102-16, eff. 6-17-21.)
4		Section 5-34. The Legislative Commission Reorganization
5		Act of 1984 is amended by changing Sections 8A-15, 8A-20, and
6		8A-30 and by adding Section 8A-37 as follows:
7		(25 ILCS 130/8A-15)
8		Sec. 8A-15. Master plan.
9		(a) The term "legislative complex" means (i) the buildings
10		and facilities located in Springfield, Illinois, and occupied
11		in whole or in part by the General Assembly or any of its
12		support service agencies, (ii) the grounds, walkways, and
13		pedestrian or utility tunnels surrounding or connected to
14		those buildings and facilities, and (iii) the off-street
15		parking areas serving those buildings and facilities,
16		including parking lots D, DD, E, F, G, H, O, M, N, R, S, and
17		the legislative parking garage located under parking lot O.
18		(b) The Architect of the Capitol shall prepare and
19		implement a long-range master plan of development for the
20		State Capitol Building, the remaining portions of the
21		legislative complex, and the land and State buildings and
22		facilities within the area bounded by Washington, Third, Cook,
23		and Walnut Pasfield Streets and the land and State buildings
24		and facilities within the area bounded by Madison, Klein,

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1		Mason, and Rutledge Streets that addresses the improvement,
2		construction, historic preservation, restoration,
3		maintenance, repair, and landscaping needs of these State
4		buildings and facilities and the land. The Architect of the
5		Capitol shall submit the master plan to the Capitol Historic
6		Preservation Board for its review and comment. The Board must
7		confine its review and comment to those portions of the master
8		plan that relate to areas other than the State Capitol
9		Building. The Architect may incorporate suggestions of the
10		Board into the master plan. The master plan must be submitted
11		to and approved by the Board of the Office of the Architect of
12		the Capitol before its implementation.
13		The Architect of the Capitol may change the master plan
14		and shall submit changes in the master plan that relate to
15		areas other than the State Capitol Building to the Capitol
16		Historic Preservation Board for its review and comment. All
17		changes in the master plan must be submitted to and approved by
18		the Board of the Office of the Architect of the Capitol before
19		implementation.
20		(c) The Architect of the Capitol must review the master
21		plan every 5 years or at the direction of the Board of the
22		Office of the Architect of the Capitol. Changes in the master
23		plan resulting from this review must be made in accordance
24		with the procedure provided in subsection (b).
25		(d) Notwithstanding any other law to the contrary, the
26		Architect of the Capitol has the sole authority to contract

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1		for all materials and services necessary for the
2		implementation of the master plan. The Architect (i) may
3		comply with the procedures established by the Joint Committee
4		on Legislative Support Services under Section 1-4 or (ii) upon
5		approval of the Board of the Office of the Architect of the
6		Capitol, may, but is not required to, comply with a portion or
7		all of the Illinois Procurement Code when entering into
8		contracts under this subsection. The Architect's compliance
9		with the Illinois Procurement Code shall not be construed to
10		subject the Architect or any other entity of the legislative
11		branch to the Illinois Procurement Code with respect to any
12		other contract.
13		The Architect may enter into agreements with other State
14		agencies for the provision of materials or performance of
15		services necessary for the implementation of the master plan.
16		State officers and agencies providing normal, day-to-day
17		repair, maintenance, or landscaping or providing security,
18		commissary, utility, parking, banking, tour guide, event
19		scheduling, or other operational services for buildings and
20		facilities within the legislative complex immediately prior to
21		the effective date of this amendatory Act of the 93rd General
22		Assembly shall continue to provide that normal, day-to-day
23		repair, maintenance, or landscaping or those services on the
24		same basis, whether by contract or employees, that the repair,
25		maintenance, landscaping, or services were provided
26		immediately prior to the effective date of this amendatory Act

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1		of the 93rd General Assembly, subject to the provisions of the
2		master plan and with the approval of or as otherwise directed
3		by the Architect of the Capitol.
4		(e) The Architect of the Capitol shall monitor and approve
5		all construction, preservation, restoration, maintenance,
6		repair, and landscaping work in the legislative complex and
7		implementation of the master plan, as well as activities that
8		alter the historic integrity of the legislative complex and
9		the other land and State buildings and facilities in the
10		master plan.
11		(f) The Architect of the Capitol shall be given notice of
12		any bid for or contract of services related to the legislative
13		complex. Prior to final execution of any contract for
14		services, the Architect of the Capitol shall be given an
15		opportunity to review and approve the contract and give any
16		necessary input. As used in this subsection, "services" means
17		any maintenance, removal of refuse, or delivery of utilities
18		to the legislative complex.
19		(Source: P.A. 98-692, eff. 7-1-14.)
20		(25 ILCS 130/8A-20)
21		Sec. 8A-20. Legislative complex space Space allocation.
22		The Architect of the Capitol has the power and duty, subject to
23		direction by the Board of the Office of the Architect of the
24		Capitol, to make space allocations for the use of the General
25		Assembly and its related agencies, except the Supreme Court

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1		Building and the Fourth District Appellate Court Building.
2		This allocation of space includes, but is not limited to,
3		office, conference, committee, and parking space.
4		(Source: P.A. 93-632, eff. 2-1-04.)
5		(25 ILCS 130/8A-30)
6		Sec. 8A-30. Acquisition of land; contract review. The
7		Architect of the Capitol, upon the approval of the Board of the
8		Office of the Architect of the Capitol, may acquire land in
9		Springfield, Illinois, within the area bounded by Washington,
10		Third, Cook, and Walnut Pasfield Streets and the land and
11		State buildings and facilities within the area bounded by
12		Madison, Klein, Mason, and Rutledge Streets for the purpose of
13		providing space for the operation and expansion of the
14		legislative complex or other State facilities. The Architect
15		of the Capitol must review and either approve or disapprove
16		all contracts for the repair, rehabilitation, construction, or
17		alteration of all State buildings within the bounded area,
18		except the Supreme Court Building and the Fourth District
19		Appellate Court Building.
20		(Source: P.A. 93-632, eff. 2-1-04.)
21		(25 ILCS 130/8A-37 new)
22		Sec. 8A-37. General Assembly Technology Fund;
23		appropriations.
24		(a) The General Assembly Technology Fund is hereby

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1		established as a special fund in the State treasury. The Fund
2		may accept deposits from the General Revenue Fund and any
3		other source, whether private or public. Moneys in the fund
4		may be used, subject to appropriation, by the President of the
5		Senate, the Speaker of the House of Representatives, the
6		Minority Leader of the Senate, and the Minority Leader of the
7		House of Representatives for the purpose of meeting the
8		technology-related needs of their respective offices and the
9		General Assembly.
10		(b) On July 1, 2022, the State Comptroller shall order
11		transferred and the State Treasurer shall transfer $3,000,000
12		from the General Revenue Fund to the General Assembly
13		Technology Fund.
14		Section 5-35. The State Finance Act is amended by changing
15		Sections 5.857, 6z-21, 6z-27, 6z-30, 6z-32, 6z-51, 6z-70,
16		6z-77, 6z-81, 6z-100, 6z-121, 8.3, 8.6, 8.12, 8g-1, 13.2,
17		24.2, and 25 and by adding Sections 5.970, 5.971, 5.972,
18		5.973, 5.974, 5.975, 5.976, 6z-130, 6z-131, 6z-132, and 6z-133
19		as follows:
20		(30 ILCS 105/5.857)
21		(Section scheduled to be repealed on July 1, 2022)
22		Sec. 5.857. The Capital Development Board Revolving Fund.
23		This Section is repealed July 1, 2023 2022.
24		(Source: P.A. 101-10, eff. 6-5-19; 101-645, eff. 6-26-20;

HB4700 Enrolled - 90 - LRB102 24222 KTG 33451 b
1		102-16, eff. 6-17-21.)
2		(30 ILCS 105/5.970 new)
3		Sec. 5.970. The Serve Illinois Commission Fund.
4		(30 ILCS 105/5.971 new)
5		Sec. 5.971. The Statewide 9-8-8 Trust Fund.
6		(30 ILCS 105/5.972 new)
7		Sec. 5.972. The Board of Higher Education State Contracts
8		and Grants Fund.
9		(30 ILCS 105/5.973 new)
10		Sec. 5.973. The Agriculture Federal Projects Fund.
11		(30 ILCS 105/5.974 new)
12		Sec. 5.974. The DNR Federal Projects Fund.
13		(30 ILCS 105/5.975 new)
14		Sec. 5.975. The Illinois Opioid Remediation State Trust
15		Fund.
16		(30 ILCS 105/5.976 new)
17		Sec. 5.976. The General Assembly Technology Fund.
18		(30 ILCS 105/6z-21) (from Ch. 127, par. 142z-21)

HB4700 Enrolled - 91 - LRB102 24222 KTG 33451 b
1		Sec. 6z-21. Education Assistance Fund; transfers to and
2		from the Education Assistance Fund. All monies deposited into
3		the Education Assistance Fund, a special fund in the State
4		treasury which is hereby created, shall be appropriated to
5		provide financial assistance for elementary and secondary
6		education programs including, among others, distributions
7		under Sections Section 18-19 and 29-5 of the The School Code,
8		and for higher education programs, including, among others,
9		the Monetary Award Program under Section 35 of the Higher
10		Education Student Assistance Act. During fiscal years 2012 and
11		2013 only, the State Comptroller may order transferred and the
12		State Treasurer may transfer from the General Revenue Fund to
13		the Education Assistance Fund, or the State Comptroller may
14		order transferred and the State Treasurer may transfer from
15		the Education Assistance Fund to the General Revenue Fund,
16		such amounts as may be required to honor the vouchers
17		presented by the State Universities Retirement System, by a
18		public institution of higher education, as defined in Section
19		1 of the Board of Higher Education Act, or by the State Board
20		of Education pursuant to Sections 18-3, 18-4.3, 18-5, 18-6,
21		and 18-7 of the School Code.
22		(Source: P.A. 97-732, eff. 6-30-12.)
23		(30 ILCS 105/6z-27)
24		Sec. 6z-27. All moneys in the Audit Expense Fund shall be
25		transferred, appropriated and used only for the purposes

HB4700 Enrolled - 92 - LRB102 24222 KTG 33451 b
1		authorized by, and subject to the limitations and conditions
2		prescribed by, the State Auditing Act.
3		Within 30 days after July 1, 2022, or as soon thereafter as
4		practical the effective date of this amendatory Act of the
5		102nd General Assembly, the State Comptroller shall order
6		transferred and the State Treasurer shall transfer from the
7		following funds moneys in the specified amounts for deposit
8		into the Audit Expense Fund:
9		Attorney General Court Ordered and Voluntary Compliance
10		Payment Projects Fund.............................$38,974
11		Attorney General Sex Offender Awareness,
12		Training, and Education Fund.........................$539
13		Aggregate Operations Regulatory Fund.....................$711
14		Agricultural Premium Fund.............................$25,265
15		Attorney General's State Projects and Court
16		Ordered Distribution Fund.........................$43,667
17		Anna Veterans Home Fund...............................$15,792
18		Appraisal Administration Fund..........................$4,017
19		Attorney General Whistleblower Reward
20		and Protection Fund...............................$22,896
21		Bank and Trust Company Fund...........................$78,017
22		Cannabis Expungement Fund..............................$4,501
23		Capital Development Board Revolving Fund...............$2,494
24		Care Provider Fund for Persons with
25		a Developmental Disability.........................$5,707
26		CDLIS/AAMVAnet/NMVTIS Trust Fund.......................$1,702

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1		Cemetery Oversight Licensing and Disciplinary Fund.....$5,002
2		Chicago State University Education
3		Improvement Fund..................................$16,218
4		Child Support Administrative Fund......................$2,657
5		Clean Air Act Permit Fund.............................$10,108
6		Coal Technology Development Assistance Fund...........$12,943
7		Commitment to Human Services Fund....................$111,465
8		Common School Fund...................................$445,997
9		Community Mental Health Medicaid Trust Fund............$9,599
10		Community Water Supply Laboratory Fund...................$637
11		Credit Union Fund.....................................$16,048
12		DCFS Children's Services Fund........................$287,247
13		Department of Business Services
14		Special Operations Fund............................$4,402
15		Department of Corrections Reimbursement
16		and Education Fund................................$60,429
17		Design Professionals Administration
18		and Investigation Fund.............................$3,362
19		Department of Human Services Community Services Fund...$5,239
20		Downstate Public Transportation Fund..................$30,625
21		Driver Services Administration Fund......................$639
22		Drivers Education Fund.................................$1,202
23		Drug Rebate Fund......................................$22,702
24		Drug Treatment Fund......................................$571
25		Drycleaner Environmental Response Trust Fund.............$846
26		Education Assistance Fund..........................$1,969,661

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1		Environmental Protection Permit and
2		Inspection Fund....................................$7,079
3		Facilities Management Revolving Fund..................$16,163
4		Federal High Speed Rail Trust Fund.....................$1,264
5		Federal Workforce Training Fund.......................$91,791
6		Feed Control Fund......................................$1,701
7		Fertilizer Control Fund................................$1,791
8		Fire Prevention Fund...................................$3,507
9		Firearm Dealer License Certification Fund................$648
10		Fund for the Advancement of Education.................$44,609
11		General Professions Dedicated Fund....................$31,353
12		General Revenue Fund..............................$17,663,958
13		Grade Crossing Protection Fund.........................$1,856
14		Hazardous Waste Fund...................................$8,446
15		Health and Human Services Medicaid Trust Fund..........$6,134
16		Healthcare Provider Relief Fund......................$185,164
17		Horse Racing Fund....................................$169,632
18		Hospital Provider Fund................................$63,346
19		ICCB Federal Trust Fund...............................$10,805
20		Illinois Affordable Housing Trust Fund.................$5,414
21		Illinois Charity Bureau Fund...........................$3,298
22		Illinois Clean Water Fund.............................$11,951
23		Illinois Forestry Development Fund....................$11,004
24		Illinois Gaming Law Enforcement Fund...................$1,869
25		IMSA Income Fund.......................................$2,188
26		Illinois Military Family Relief Fund...................$6,986

HB4700 Enrolled - 95 - LRB102 24222 KTG 33451 b
1		Illinois Power Agency Operations Fund.................$41,229
2		Illinois State Dental Disciplinary Fund................$6,127
3		Illinois State Fair Fund.................................$660
4		Illinois State Medical Disciplinary Fund..............$23,384
5		Illinois State Pharmacy Disciplinary Fund.............$10,308
6		Illinois Veterans Assistance Fund......................$2,016
7		Illinois Veterans' Rehabilitation Fund...................$862
8		Illinois Wildlife Preservation Fund....................$1,742
9		Illinois Workers' Compensation Commission
10		Operations Fund....................................$4,476
11		Income Tax Refund Fund...............................$239,691
12		Insurance Financial Regulation Fund..................$104,462
13		Insurance Premium Tax Refund Fund.....................$23,121
14		Insurance Producer Administration Fund...............$104,566
15		International Tourism Fund.............................$1,985
16		LaSalle Veterans Home Fund............................$46,145
17		LEADS Maintenance Fund...................................$681
18		Live and Learn Fund....................................$8,120
19		Local Government Distributive Fund...................$154,289
20		Long-Term Care Provider Fund...........................$6,468
21		Manteno Veterans Home Fund............................$93,493
22		Mental Health Fund....................................$12,227
23		Mental Health Reporting Fund.............................$611
24		Monitoring Device Driving Permit
25		Administration Fee Fund..............................$617
26		Motor Carrier Safety Inspection Fund...................$1,823

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1		Motor Fuel Tax Fund..................................$103,497
2		Motor Vehicle License Plate Fund.......................$5,656
3		Motor Vehicle Theft Prevention and Insurance
4		Verification Trust Fund............................$2,618
5		Nursing Dedicated and Professional Fund...............$11,973
6		Off-Highway Vehicle Trails Fund........................$1,994
7		Open Space Lands Acquisition and Development Fund.....$45,493
8		Optometric Licensing and Disciplinary Board Fund.......$1,169
9		Partners For Conservation Fund........................$19,950
10		Pawnbroker Regulation Fund.............................$1,053
11		Personal Property Tax Replacement Fund...............$203,036
12		Pesticide Control Fund.................................$6,845
13		Professional Services Fund.............................$2,778
14		Professions Indirect Cost Fund.......................$172,106
15		Public Pension Regulation Fund.........................$6,919
16		Public Transportation Fund............................$77,303
17		Quincy Veterans Home Fund.............................$91,704
18		Real Estate License Administration Fund...............$33,329
19		Registered Certified Public Accountants'
20		Administration and Disciplinary Fund...............$3,617
21		Renewable Energy Resources Trust Fund..................$1,591
22		Rental Housing Support Program Fund....................$1,539
23		Residential Finance Regulatory Fund...................$20,510
24		Road Fund............................................$399,062
25		Regional Transportation Authority Occupation and
26		Use Tax Replacement Fund...........................$5,205

HB4700 Enrolled - 97 - LRB102 24222 KTG 33451 b
1		Salmon Fund..............................................$655
2		School Infrastructure Fund............................$14,015
3		Secretary of State DUI Administration Fund.............$1,025
4		Secretary of State Identification Security
5		and Theft Prevention Fund..........................$4,502
6		Secretary of State Special License Plate Fund..........$1,384
7		Secretary of State Special Services Fund...............$8,114
8		Securities Audit and Enforcement Fund..................$2,824
9		State Small Business Credit Initiative Fund............$4,331
10		Solid Waste Management Fund...........................$10,397
11		Special Education Medicaid Matching Fund...............$2,924
12		Sports Wagering Fund...................................$8,572
13		State Police Law Enforcement Administration Fund.......$6,822
14		State and Local Sales Tax Reform Fund.................$10,355
15		State Asset Forfeiture Fund............................$1,740
16		State Aviation Program Fund..............................$557
17		State Construction Account Fund......................$195,722
18		State Crime Laboratory Fund............................$7,743
19		State Gaming Fund....................................$204,660
20		State Garage Revolving Fund............................$3,731
21		State Lottery Fund...................................$129,814
22		State Offender DNA Identification System Fund..........$1,405
23		State Pensions Fund..................................$500,000
24		State Police Firearm Services Fund....................$16,122
25		State Police Services Fund............................$21,151
26		State Police Vehicle Fund..............................$3,013

HB4700 Enrolled - 98 - LRB102 24222 KTG 33451 b
1		State Police Whistleblower Reward
2		and Protection Fund................................$2,452
3		Subtitle D Management Fund.............................$1,431
4		Supplemental Low-Income Energy Assistance Fund........$68,591
5		Tax Compliance and Administration Fund.................$5,259
6		Technology Management Revolving Fund.................$244,294
7		Tobacco Settlement Recovery Fund.......................$4,653
8		Tourism Promotion Fund................................$35,322
9		Traffic and Criminal Conviction Surcharge Fund.......$136,332
10		Underground Storage Tank Fund.........................$20,429
11		University of Illinois Hospital Services Fund..........$3,664
12		Vehicle Inspection Fund...............................$11,203
13		Violent Crime Victims Assistance Fund.................$14,202
14		Weights and Measures Fund..............................$6,127
15		Working Capital Revolving Fund........................$18,120
16		Agricultural Premium Fund.............................145,477
17		Amusement Ride and Patron Safety Fund..................10,067
18		Assisted Living and Shared Housing Regulatory Fund......2,696
19		Capital Development Board Revolving Fund................1,807
20		Care Provider Fund for Persons with a Developmental
21		Disability.........................................15,438
22		CDLIS/AAMVAnet/NMVTIS Trust Fund........................5,148
23		Chicago State University Education Improvement Fund.....4,748
24		Child Labor and Day and Temporary Labor Services
25		Enforcement Fund...................................18,662
26		Child Support Administrative Fund.......................5,832

HB4700 Enrolled - 99 - LRB102 24222 KTG 33451 b
1		Clean Air Act Permit Fund...............................1,410
2		Common School Fund....................................259,307
3		Community Mental Health Medicaid Trust Fund............23,472
4		Death Certificate Surcharge Fund........................4,161
5		Death Penalty Abolition Fund............................4,095
6		Department of Business Services Special Operations Fund.12,790
7		Department of Human Services Community Services Fund....8,744
8		Downstate Public Transportation Fund...................12,100
9		Dram Shop Fund........................................155,250
10		Driver Services Administration Fund.....................1,920
11		Drug Rebate Fund.......................................39,351
12		Drug Treatment Fund.......................................896
13		Education Assistance Fund...........................1,818,170
14		Emergency Public Health Fund............................7,450
15		Employee Classification Fund............................1,518
16		EMS Assistance Fund.....................................1,286
17		Environmental Protection Permit and Inspection Fund.......671
18		Estate Tax Refund Fund. 2,150
19		Facilities Management Revolving Fund...................33,930
20		Facility Licensing Fund.................................3,894
21		Fair and Exposition Fund................................5,904
22		Federal Financing Cost Reimbursement Fund...............1,579
23		Federal High Speed Rail Trust Fund........................517
24		Feed Control Fund.......................................9,601
25		Fertilizer Control Fund.................................8,941
26		Fire Prevention Fund....................................4,456

HB4700 Enrolled - 100 - LRB102 24222 KTG 33451 b
1		Fund for the Advancement of Education..................17,988
2		General Revenue Fund...............................17,653,153
3		General Professions Dedicated Fund......................3,567
4		Governor's Administrative Fund..........................4,052
5		Governor's Grant Fund..................................16,687
6		Grade Crossing Protection Fund............................629
7		Grant Accountability and Transparency Fund................910
8		Hazardous Waste Fund......................................849
9		Hazardous Waste Research Fund.............................528
10		Health and Human Services Medicaid Trust Fund..........10,635
11		Health Facility Plan Review Fund........................3,190
12		Healthcare Provider Relief Fund.......................360,142
13		Healthy Smiles Fund.......................................745
14		Home Care Services Agency Licensure Fund................2,824
15		Hospital Licensure Fund.................................1,313
16		Hospital Provider Fund................................128,466
17		ICJIA Violence Prevention Fund............................742
18		Illinois Affordable Housing Trust Fund..................7,829
19		Illinois Clean Water Fund...............................1,915
20		IMSA Income Fund.......................................12,557
21		Illinois Health Facilities Planning Fund................2,704
22		Illinois Power Agency Operations Fund..................36,874
23		Illinois School Asbestos Abatement Fund.................1,556
24		Illinois State Fair Fund...............................41,374
25		Illinois Veterans' Rehabilitation Fund..................1,008
26		Illinois Workers' Compensation Commission Operations

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1		Fund..............................................189,581
2		Income Tax Refund Fund.................................53,295
3		Lead Poisoning Screening, Prevention, and Abatement
4		Fund...............................................14,747
5		Live and Learn Fund....................................23,420
6		Lobbyist Registration Administration Fund...............1,178
7		Local Government Distributive Fund.....................36,680
8		Long Term Care Monitor/Receiver Fund...................40,812
9		Long-Term Care Provider Fund...........................18,266
10		Mandatory Arbitration Fund..............................1,618
11		Medical Interagency Program Fund..........................890
12		Mental Health Fund.....................................10,924
13		Metabolic Screening and Treatment Fund.................35,159
14		Monitoring Device Driving Permit Administration Fee Fund.2,355
15		Motor Fuel Tax Fund....................................36,804
16		Motor Vehicle License Plate Fund.......................13,274
17		Motor Vehicle Theft Prevention and Insurance Verification
18		Trust Fund..........................................8,773
19		Multiple Sclerosis Research Fund..........................670
20		Nuclear Safety Emergency Preparedness Fund.............17,663
21		Nursing Dedicated and Professional Fund.................2,667
22		Open Space Lands Acquisition and Development Fund.......1,463
23		Partners for Conservation Fund.........................75,235
24		Personal Property Tax Replacement Fund.................85,166
25		Pesticide Control Fund.................................44,745
26		Plumbing Licensure and Program Fund.....................5,297

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1		Professional Services Fund..............................6,549
2		Public Health Laboratory Services Revolving Fund........9,044
3		Public Transportation Fund.............................47,744
4		Radiation Protection Fund...............................6,575
5		Renewable Energy Resources Trust Fund...................8,169
6		Road Fund.............................................284,307
7		Regional Transportation Authority Occupation and Use Tax
8		Replacement Fund....................................1,278
9		School Infrastructure Fund..............................8,938
10		Secretary of State DUI Administration Fund..............2,044
11		Secretary of State Identification Security and Theft
12		Prevention Fund....................................15,122
13		Secretary of State Police Services Fund...................815
14		Secretary of State Special License Plate Fund...........4,441
15		Secretary of State Special Services Fund...............21,797
16		Securities Audit and Enforcement Fund...................8,480
17		Solid Waste Management Fund.............................1,427
18		Special Education Medicaid Matching Fund................5,854
19		State and Local Sales Tax Reform Fund...................2,742
20		State Construction Account Fund........................69,387
21		State Gaming Fund......................................89,997
22		State Garage Revolving Fund............................10,788
23		State Lottery Fund....................................343,580
24		State Pensions Fund...................................500,000
25		State Treasurer's Bank Services Trust Fund................913
26		Supreme Court Special Purposes Fund.....................1,704

HB4700 Enrolled - 103 - LRB102 24222 KTG 33451 b
1		Tattoo and Body Piercing Establishment Registration Fund..724
2		Tax Compliance and Administration Fund..................1,847
3		Tobacco Settlement Recovery Fund.......................27,854
4		Tourism Promotion Fund.................................42,180
5		Trauma Center Fund......................................5,128
6		Underground Storage Tank Fund...........................3,473
7		University of Illinois Hospital Services Fund...........7,505
8		Vehicle Inspection Fund.................................4,863
9		Weights and Measures Fund..............................25,431
10		Youth Alcoholism and Substance Abuse Prevention Fund.....857.
11		Notwithstanding any provision of the law to the contrary,
12		the General Assembly hereby authorizes the use of such funds
13		for the purposes set forth in this Section.
14		These provisions do not apply to funds classified by the
15		Comptroller as federal trust funds or State trust funds. The
16		Audit Expense Fund may receive transfers from those trust
17		funds only as directed herein, except where prohibited by the
18		terms of the trust fund agreement. The Auditor General shall
19		notify the trustees of those funds of the estimated cost of the
20		audit to be incurred under the Illinois State Auditing Act for
21		the fund. The trustees of those funds shall direct the State
22		Comptroller and Treasurer to transfer the estimated amount to
23		the Audit Expense Fund.
24		The Auditor General may bill entities that are not subject
25		to the above transfer provisions, including private entities,
26		related organizations and entities whose funds are

HB4700 Enrolled - 104 - LRB102 24222 KTG 33451 b
1		locally-held, for the cost of audits, studies, and
2		investigations incurred on their behalf. Any revenues received
3		under this provision shall be deposited into the Audit Expense
4		Fund.
5		In the event that moneys on deposit in any fund are
6		unavailable, by reason of deficiency or any other reason
7		preventing their lawful transfer, the State Comptroller shall
8		order transferred and the State Treasurer shall transfer the
9		amount deficient or otherwise unavailable from the General
10		Revenue Fund for deposit into the Audit Expense Fund.
11		On or before December 1, 1992, and each December 1
12		thereafter, the Auditor General shall notify the Governor's
13		Office of Management and Budget (formerly Bureau of the
14		Budget) of the amount estimated to be necessary to pay for
15		audits, studies, and investigations in accordance with the
16		Illinois State Auditing Act during the next succeeding fiscal
17		year for each State fund for which a transfer or reimbursement
18		is anticipated.
19		Beginning with fiscal year 1994 and during each fiscal
20		year thereafter, the Auditor General may direct the State
21		Comptroller and Treasurer to transfer moneys from funds
22		authorized by the General Assembly for that fund. In the event
23		funds, including federal and State trust funds but excluding
24		the General Revenue Fund, are transferred, during fiscal year
25		1994 and during each fiscal year thereafter, in excess of the
26		amount to pay actual costs attributable to audits, studies,

HB4700 Enrolled - 105 - LRB102 24222 KTG 33451 b
1		and investigations as permitted or required by the Illinois
2		State Auditing Act or specific action of the General Assembly,
3		the Auditor General shall, on September 30, or as soon
4		thereafter as is practicable, direct the State Comptroller and
5		Treasurer to transfer the excess amount back to the fund from
6		which it was originally transferred.
7		(Source: P.A. 101-10, eff. 6-5-19; 101-636, eff. 6-10-20;
8		102-16, eff. 6-17-21.)
9		(30 ILCS 105/6z-30)
10		Sec. 6z-30. University of Illinois Hospital Services Fund.
11		(a) The University of Illinois Hospital Services Fund is
12		created as a special fund in the State Treasury. The following
13		moneys shall be deposited into the Fund:
14		(1) (Blank). As soon as possible after the beginning
15		of fiscal year 2010, and in no event later than July 30,
16		the State Comptroller and the State Treasurer shall
17		automatically transfer $30,000,000 from the General
18		Revenue Fund to the University of Illinois Hospital
19		Services Fund.
20		(1.5) (Blank). Starting in fiscal year 2011, and
21		continuing through fiscal year 2017, as soon as possible
22		after the beginning of each fiscal year, and in no event
23		later than July 30, the State Comptroller and the State
24		Treasurer shall automatically transfer $45,000,000 from
25		the General Revenue Fund to the University of Illinois

HB4700 Enrolled - 106 - LRB102 24222 KTG 33451 b
1		Hospital Services Fund; except that, in fiscal year 2012
2		only, the State Comptroller and the State Treasurer shall
3		transfer $90,000,000 from the General Revenue Fund to the
4		University of Illinois Hospital Services Fund under this
5		paragraph, and, in fiscal year 2013 only, the State
6		Comptroller and the State Treasurer shall transfer no
7		amounts from the General Revenue Fund to the University of
8		Illinois Hospital Services Fund under this paragraph.
9		(1.7) (Blank). Starting in fiscal year 2018, at the
10		direction of and upon notification from the Director of
11		Healthcare and Family Services, the State Comptroller
12		shall direct and the State Treasurer shall transfer an
13		amount of at least $20,000,000 but not exceeding a total
14		of $45,000,000 from the General Revenue Fund to the
15		University of Illinois Hospital Services Fund in each
16		fiscal year.
17		(1.8) Starting in fiscal year 2022, at the direction
18		of and upon notification from the Director of Healthcare
19		and Family Services, the State Comptroller shall direct
20		and the State Treasurer shall transfer an amount of at
21		least $20,000,000 but not exceeding a total of $55,000,000
22		from the General Revenue Fund to the University of
23		Illinois Hospital Services Fund in each fiscal year.
24		(2) All intergovernmental transfer payments to the
25		Department of Healthcare and Family Services by the
26		University of Illinois made pursuant to an

HB4700 Enrolled - 107 - LRB102 24222 KTG 33451 b
1		intergovernmental agreement under subsection (b) or (c) of
2		Section 5A-3 of the Illinois Public Aid Code.
3		(3) All federal matching funds received by the
4		Department of Healthcare and Family Services (formerly
5		Illinois Department of Public Aid) as a result of
6		expenditures made by the Department that are attributable
7		to moneys that were deposited in the Fund.
8		(4) All other moneys received for the Fund from any
9		other source, including interest earned thereon.
10		(b) Moneys in the fund may be used by the Department of
11		Healthcare and Family Services, subject to appropriation and
12		to an interagency agreement between that Department and the
13		Board of Trustees of the University of Illinois, to reimburse
14		the University of Illinois Hospital for hospital and pharmacy
15		services, to reimburse practitioners who are employed by the
16		University of Illinois, to reimburse other health care
17		facilities and health plans operated by the University of
18		Illinois, and to pass through to the University of Illinois
19		federal financial participation earned by the State as a
20		result of expenditures made by the University of Illinois.
21		(c) (Blank).
22		(Source: P.A. 100-23, eff. 7-6-17.)
23		(30 ILCS 105/6z-32)
24		Sec. 6z-32. Partners for Planning and Conservation.
25		(a) The Partners for Conservation Fund (formerly known as

HB4700 Enrolled - 108 - LRB102 24222 KTG 33451 b
1		the Conservation 2000 Fund) and the Partners for Conservation
2		Projects Fund (formerly known as the Conservation 2000
3		Projects Fund) are created as special funds in the State
4		Treasury. These funds shall be used to establish a
5		comprehensive program to protect Illinois' natural resources
6		through cooperative partnerships between State government and
7		public and private landowners. Moneys in these Funds may be
8		used, subject to appropriation, by the Department of Natural
9		Resources, Environmental Protection Agency, and the Department
10		of Agriculture for purposes relating to natural resource
11		protection, planning, recreation, tourism, climate resilience,
12		and compatible agricultural and economic development
13		activities. Without limiting these general purposes, moneys in
14		these Funds may be used, subject to appropriation, for the
15		following specific purposes:
16		(1) To foster sustainable agriculture practices and
17		control soil erosion, sedimentation, and nutrient loss
18		from farmland, including grants to Soil and Water
19		Conservation Districts for conservation practice
20		cost-share grants and for personnel, educational, and
21		administrative expenses.
22		(2) To establish and protect a system of ecosystems in
23		public and private ownership through conservation
24		easements, incentives to public and private landowners,
25		natural resource restoration and preservation, water
26		quality protection and improvement, land use and watershed

HB4700 Enrolled - 109 - LRB102 24222 KTG 33451 b
1		planning, technical assistance and grants, and land
2		acquisition provided these mechanisms are all voluntary on
3		the part of the landowner and do not involve the use of
4		eminent domain.
5		(3) To develop a systematic and long-term program to
6		effectively measure and monitor natural resources and
7		ecological conditions through investments in technology
8		and involvement of scientific experts.
9		(4) To initiate strategies to enhance, use, and
10		maintain Illinois' inland lakes through education,
11		technical assistance, research, and financial incentives.
12		(5) To partner with private landowners and with units
13		of State, federal, and local government and with
14		not-for-profit organizations in order to integrate State
15		and federal programs with Illinois' natural resource
16		protection and restoration efforts and to meet
17		requirements to obtain federal and other funds for
18		conservation or protection of natural resources.
19		(6) To implement the State's Nutrient Loss Reduction
20		Strategy, including, but not limited to, funding the
21		resources needed to support the Strategy's Policy Working
22		Group, cover water quality monitoring in support of
23		Strategy implementation, prepare a biennial report on the
24		progress made on the Strategy every 2 years, and provide
25		cost share funding for nutrient capture projects.
26		(7) To provide capacity grants to support soil and

HB4700 Enrolled - 110 - LRB102 24222 KTG 33451 b
1		water conservation districts, including, but not limited
2		to, developing soil health plans, conducting soil health
3		assessments, peer-to-peer training, convening
4		producer-led dialogues, professional development and
5		travel stipends for meetings and educational events.
6		(b) The State Comptroller and State Treasurer shall
7		automatically transfer on the last day of each month,
8		beginning on September 30, 1995 and ending on June 30, 2023
9		2022, from the General Revenue Fund to the Partners for
10		Conservation Fund, an amount equal to 1/10 of the amount set
11		forth below in fiscal year 1996 and an amount equal to 1/12 of
12		the amount set forth below in each of the other specified
13		fiscal years:
14 Fiscal Year Amount 15 1996 $ 3,500,000 16 1997 $ 9,000,000 17 1998 $10,000,000 18 1999 $11,000,000 19 2000 $12,500,000 20 2001 through 2004 $14,000,000 21 2005 $7,000,000 22 2006 $11,000,000 23 2007 $0 24 2008 through 2011 $14,000,000 25 2012 $12,200,000 26 2013 through 2017 $14,000,000

HB4700 Enrolled - 111 - LRB102 24222 KTG 33451 b
1 2018 $1,500,000 2 2019 $14,000,000 3 2020 $7,500,000 4 2021 through 2023 2022 $14,000,000
5		(c) The State Comptroller and State Treasurer shall
6		automatically transfer on the last day of each month beginning
7		on July 31, 2021 and ending June 30, 2022, from the
8		Environmental Protection Permit and Inspection Fund to the
9		Partners for Conservation Fund, an amount equal to 1/12 of
10		$4,135,000.
11		(c-1) The State Comptroller and State Treasurer shall
12		automatically transfer on the last day of each month beginning
13		on July 31, 2022 and ending June 30, 2023, from the
14		Environmental Protection Permit and Inspection Fund to the
15		Partners for Conservation Fund, an amount equal to 1/12 of
16		$5,900,000.
17		(d) There shall be deposited into the Partners for
18		Conservation Projects Fund such bond proceeds and other moneys
19		as may, from time to time, be provided by law.
20		(Source: P.A. 101-10, eff. 6-5-19; 102-16, eff. 6-17-21.)
21		(30 ILCS 105/6z-51)
22		Sec. 6z-51. Budget Stabilization Fund.
23		(a) The Budget Stabilization Fund, a special fund in the
24		State Treasury, shall consist of moneys appropriated or
25		transferred to that Fund, as provided in Section 6z-43 and as

HB4700 Enrolled - 112 - LRB102 24222 KTG 33451 b
1		otherwise provided by law. All earnings on Budget
2		Stabilization Fund investments shall be deposited into that
3		Fund.
4		(b) The State Comptroller may direct the State Treasurer
5		to transfer moneys from the Budget Stabilization Fund to the
6		General Revenue Fund in order to meet cash flow deficits
7		resulting from timing variations between disbursements and the
8		receipt of funds within a fiscal year. Any moneys so borrowed
9		in any fiscal year other than Fiscal Year 2011 shall be repaid
10		by June 30 of the fiscal year in which they were borrowed. Any
11		moneys so borrowed in Fiscal Year 2011 shall be repaid no later
12		than July 15, 2011.
13		(c) During Fiscal Year 2017 only, amounts may be expended
14		from the Budget Stabilization Fund only pursuant to specific
15		authorization by appropriation. Any moneys expended pursuant
16		to appropriation shall not be subject to repayment.
17		(d) For Fiscal Years Year 2020 through 2022 , and beyond,
18		any transfers into the Fund pursuant to the Cannabis
19		Regulation and Tax Act may be transferred to the General
20		Revenue Fund in order for the Comptroller to address
21		outstanding vouchers and shall not be subject to repayment
22		back into the Budget Stabilization Fund.
23		(e) Beginning July 1, 2023, on the first day of each month,
24		or as soon thereafter as practical, the State Comptroller
25		shall direct and the State Treasurer shall transfer $3,750,000
26		from the General Revenue Fund to the Budget Stabilization

HB4700 Enrolled - 113 - LRB102 24222 KTG 33451 b
1		Fund.
2		(Source: P.A. 101-10, eff. 6-5-19.)
3		(30 ILCS 105/6z-70)
4		Sec. 6z-70. The Secretary of State Identification Security
5		and Theft Prevention Fund.
6		(a) The Secretary of State Identification Security and
7		Theft Prevention Fund is created as a special fund in the State
8		treasury. The Fund shall consist of any fund transfers,
9		grants, fees, or moneys from other sources received for the
10		purpose of funding identification security and theft
11		prevention measures.
12		(b) All moneys in the Secretary of State Identification
13		Security and Theft Prevention Fund shall be used, subject to
14		appropriation, for any costs related to implementing
15		identification security and theft prevention measures.
16		(c) (Blank).
17		(d) (Blank).
18		(e) (Blank).
19		(f) (Blank).
20		(g) (Blank).
21		(h) (Blank).
22		(i) (Blank).
23		(j) (Blank).
24		(k) (Blank).
25		(l) (Blank).

HB4700 Enrolled - 114 - LRB102 24222 KTG 33451 b
1		(m) (Blank). Notwithstanding any other provision of State
2		law to the contrary, on or after July 1, 2020, and until June
3		30, 2021, in addition to any other transfers that may be
4		provided for by law, at the direction of and upon notification
5		of the Secretary of State, the State Comptroller shall direct
6		and the State Treasurer shall transfer amounts into the
7		Secretary of State Identification Security and Theft
8		Prevention Fund from the designated funds not exceeding the
9		following totals:
10		Division of Corporations Registered Limited
11		Liability Partnership Fund...................$287,000
12		Securities Investors Education Fund............$1,500,000
13		Department of Business Services Special
14		Operations Fund............................$4,500,000
15		Securities Audit and Enforcement Fund..........$5,000,000
16		Corporate Franchise Tax Refund Fund............$3,000,000
17		(n) Notwithstanding any other provision of State law to
18		the contrary, on or after July 1, 2021, and until June 30,
19		2022, in addition to any other transfers that may be provided
20		for by law, at the direction of and upon notification of the
21		Secretary of State, the State Comptroller shall direct and the
22		State Treasurer shall transfer amounts into the Secretary of
23		State Identification Security and Theft Prevention Fund from
24		the designated funds not exceeding the following totals:
25		Division of Corporations Registered Limited
26		Liability Partnership Fund..................$287,000

HB4700 Enrolled - 115 - LRB102 24222 KTG 33451 b
1		Securities Investors Education Fund...........$1,500,000
2		Department of Business Services Special
3		Operations Fund...........................$4,500,000
4		Securities Audit and Enforcement Fund.........$5,000,000
5		Corporate Franchise Tax Refund Fund...........$3,000,000
6		(o) Notwithstanding any other provision of State law to
7		the contrary, on or after July 1, 2022, and until June 30,
8		2023, in addition to any other transfers that may be provided
9		for by law, at the direction of and upon notification of the
10		Secretary of State, the State Comptroller shall direct and the
11		State Treasurer shall transfer amounts into the Secretary of
12		State Identification Security and Theft Prevention Fund from
13		the designated funds not exceeding the following totals:
14		Division of Corporations Registered Limited
15		Liability Partnership Fund...................$400,000
16		Department of Business Services Special
17		Operations Fund............................$5,500,000
18		Securities Audit and Enforcement Fund..........$4,000,000
19		Corporate Franchise Tax Refund Fund............$4,000,000
20		(Source: P.A. 101-10, eff. 6-5-19; 101-636, eff. 6-10-20;
21		102-16, eff. 6-17-21.)
22		(30 ILCS 105/6z-77)
23		Sec. 6z-77. The Capital Projects Fund. The Capital
24		Projects Fund is created as a special fund in the State
25		Treasury. The State Comptroller and State Treasurer shall

HB4700 Enrolled - 116 - LRB102 24222 KTG 33451 b
1		transfer from the Capital Projects Fund to the General Revenue
2		Fund $61,294,550 on October 1, 2009, $122,589,100 on January
3		1, 2010, and $61,294,550 on April 1, 2010. Beginning on July 1,
4		2010, and on July 1 and January 1 of each year thereafter, the
5		State Comptroller and State Treasurer shall transfer the sum
6		of $122,589,100 from the Capital Projects Fund to the General
7		Revenue Fund. In Fiscal Year 2022 only, the State Comptroller
8		and State Treasurer shall transfer up to $80,000,000
9		$40,000,000 of sports wagering revenues from the Capital
10		Projects Fund to the Rebuild Illinois Projects Fund in one or
11		more transfers as directed by the Governor. Subject to
12		appropriation, the Capital Projects Fund may be used only for
13		capital projects and the payment of debt service on bonds
14		issued for capital projects. All interest earned on moneys in
15		the Fund shall be deposited into the Fund. The Fund shall not
16		be subject to administrative charges or chargebacks, such as
17		but not limited to those authorized under Section 8h.
18		(Source: P.A. 102-16, eff. 6-17-21.)
19		(30 ILCS 105/6z-81)
20		Sec. 6z-81. Healthcare Provider Relief Fund.
21		(a) There is created in the State treasury a special fund
22		to be known as the Healthcare Provider Relief Fund.
23		(b) The Fund is created for the purpose of receiving and
24		disbursing moneys in accordance with this Section.
25		Disbursements from the Fund shall be made only as follows:

HB4700 Enrolled - 117 - LRB102 24222 KTG 33451 b
1		(1) Subject to appropriation, for payment by the
2		Department of Healthcare and Family Services or by the
3		Department of Human Services of medical bills and related
4		expenses, including administrative expenses, for which the
5		State is responsible under Titles XIX and XXI of the
6		Social Security Act, the Illinois Public Aid Code, the
7		Children's Health Insurance Program Act, the Covering ALL
8		KIDS Health Insurance Act, and the Long Term Acute Care
9		Hospital Quality Improvement Transfer Program Act.
10		(2) For repayment of funds borrowed from other State
11		funds or from outside sources, including interest thereon.
12		(3) For making payments to the human poison control
13		center pursuant to Section 12-4.105 of the Illinois Public
14		Aid Code.
15		(4) For making necessary transfers to other State
16		funds to deposit Home and Community-Based Services federal
17		matching revenue received as a result of the enhancement
18		to the federal medical assistance percentage authorized by
19		Section 9817 of the federal American Rescue Plan Act of
20		2021.
21		(c) The Fund shall consist of the following:
22		(1) Moneys received by the State from short-term
23		borrowing pursuant to the Short Term Borrowing Act on or
24		after the effective date of Public Act 96-820.
25		(2) All federal matching funds received by the
26		Illinois Department of Healthcare and Family Services as a

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1		result of expenditures made by the Department that are
2		attributable to moneys deposited in the Fund.
3		(3) All federal matching funds received by the
4		Illinois Department of Healthcare and Family Services as a
5		result of federal approval of Title XIX State plan
6		amendment transmittal number 07-09.
7		(3.5) Proceeds from the assessment authorized under
8		Article V-H of the Illinois Public Aid Code.
9		(4) All other moneys received for the Fund from any
10		other source, including interest earned thereon.
11		(5) All federal matching funds received by the
12		Illinois Department of Healthcare and Family Services as a
13		result of expenditures made by the Department for Medical
14		Assistance from the General Revenue Fund, the Tobacco
15		Settlement Recovery Fund, the Long-Term Care Provider
16		Fund, and the Drug Rebate Fund related to individuals
17		eligible for medical assistance pursuant to the Patient
18		Protection and Affordable Care Act (P.L. 111-148) and
19		Section 5-2 of the Illinois Public Aid Code.
20		(d) In addition to any other transfers that may be
21		provided for by law, on the effective date of Public Act 97-44,
22		or as soon thereafter as practical, the State Comptroller
23		shall direct and the State Treasurer shall transfer the sum of
24		$365,000,000 from the General Revenue Fund into the Healthcare
25		Provider Relief Fund.
26		(e) In addition to any other transfers that may be

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1		provided for by law, on July 1, 2011, or as soon thereafter as
2		practical, the State Comptroller shall direct and the State
3		Treasurer shall transfer the sum of $160,000,000 from the
4		General Revenue Fund to the Healthcare Provider Relief Fund.
5		(f) Notwithstanding any other State law to the contrary,
6		and in addition to any other transfers that may be provided for
7		by law, the State Comptroller shall order transferred and the
8		State Treasurer shall transfer $500,000,000 to the Healthcare
9		Provider Relief Fund from the General Revenue Fund in equal
10		monthly installments of $100,000,000, with the first transfer
11		to be made on July 1, 2012, or as soon thereafter as practical,
12		and with each of the remaining transfers to be made on August
13		1, 2012, September 1, 2012, October 1, 2012, and November 1,
14		2012, or as soon thereafter as practical. This transfer may
15		assist the Department of Healthcare and Family Services in
16		improving Medical Assistance bill processing timeframes or in
17		meeting the possible requirements of Senate Bill 3397, or
18		other similar legislation, of the 97th General Assembly should
19		it become law.
20		(g) Notwithstanding any other State law to the contrary,
21		and in addition to any other transfers that may be provided for
22		by law, on July 1, 2013, or as soon thereafter as may be
23		practical, the State Comptroller shall direct and the State
24		Treasurer shall transfer the sum of $601,000,000 from the
25		General Revenue Fund to the Healthcare Provider Relief Fund.
26		(Source: P.A. 100-587, eff. 6-4-18; 101-9, eff. 6-5-19;

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1		101-650, eff. 7-7-20.)
2		(30 ILCS 105/6z-100)
3		(Section scheduled to be repealed on July 1, 2022)
4		Sec. 6z-100. Capital Development Board Revolving Fund;
5		payments into and use. All monies received by the Capital
6		Development Board for publications or copies issued by the
7		Board, and all monies received for contract administration
8		fees, charges, or reimbursements owing to the Board shall be
9		deposited into a special fund known as the Capital Development
10		Board Revolving Fund, which is hereby created in the State
11		treasury. The monies in this Fund shall be used by the Capital
12		Development Board, as appropriated, for expenditures for
13		personal services, retirement, social security, contractual
14		services, legal services, travel, commodities, printing,
15		equipment, electronic data processing, or telecommunications.
16		For fiscal year 2021 and thereafter, the monies in this Fund
17		may also be appropriated to and used by the Executive Ethics
18		Commission for oversight and administration of the Chief
19		Procurement Officer appointed under paragraph (1) of
20		subsection (a) of Section 10-20 of the Illinois Procurement
21		Code. Unexpended moneys in the Fund shall not be transferred
22		or allocated by the Comptroller or Treasurer to any other
23		fund, nor shall the Governor authorize the transfer or
24		allocation of those moneys to any other fund. This Section is
25		repealed July 1, 2023 2022.

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1		(Source: P.A. 101-10, eff. 6-5-19; 101-636, eff. 6-10-20;
2		101-645, eff. 6-26-20; 102-16, eff. 6-17-21.)
3		(30 ILCS 105/6z-121)
4		Sec. 6z-121. State Coronavirus Urgent Remediation
5		Emergency Fund.
6		(a) The State Coronavirus Urgent Remediation Emergency
7		(State CURE) Fund is created as a federal trust fund within the
8		State treasury. The State CURE Fund shall be held separate and
9		apart from all other funds in the State treasury. The State
10		CURE Fund is established: (1) to receive, directly or
11		indirectly, federal funds from the Coronavirus Relief Fund in
12		accordance with Section 5001 of the federal Coronavirus Aid,
13		Relief, and Economic Security (CARES) Act, the Coronavirus
14		State Fiscal Recovery Fund in accordance with Section 9901 of
15		the American Rescue Plan Act of 2021, or from any other federal
16		fund pursuant to any other provision of the American Rescue
17		Plan Act of 2021 or any other federal law; and (2) to provide
18		for the transfer, distribution and expenditure of such federal
19		funds as permitted in the federal Coronavirus Aid, Relief, and
20		Economic Security (CARES) Act, the American Rescue Plan Act of
21		2021, and related federal guidance or any other federal law,
22		and as authorized by this Section.
23		(b) Federal funds received by the State from the
24		Coronavirus Relief Fund in accordance with Section 5001 of the
25		federal Coronavirus Aid, Relief, and Economic Security (CARES)

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1		Act, the Coronavirus State Fiscal Recovery Fund in accordance
2		with Section 9901 of the American Rescue Plan Act of 2021, or
3		any other federal funds received pursuant to the American
4		Rescue Plan Act of 2021 or any other federal law, may be
5		deposited, directly or indirectly, into the State CURE Fund.
6		(c) Funds in the State CURE Fund may be expended, subject
7		to appropriation, directly for purposes permitted under the
8		federal law and related federal guidance governing the use of
9		such funds, which may include without limitation purposes
10		permitted in Section 5001 of the CARES Act and Sections 3201,
11		3206, and 9901 of the American Rescue Plan Act of 2021. All
12		federal funds received into the State CURE Fund from the
13		Coronavirus Relief Fund, the Coronavirus State Fiscal Recovery
14		Fund, or any other source under the American Rescue Plan Act of
15		2021, may be transferred, or expended, or returned by the
16		Illinois Emergency Management Agency at the direction of the
17		Governor for the specific purposes permitted by the federal
18		Coronavirus Aid, Relief, and Economic Security (CARES) Act,
19		the American Rescue Plan Act of 2021, any related regulations
20		or federal guidance, and any terms and conditions of the
21		federal awards received by the State thereunder. The State
22		Comptroller shall direct and the State Treasurer shall
23		transfer, as directed by the Governor in writing, a portion of
24		the federal funds received from the Coronavirus Relief Fund or
25		from any other federal fund pursuant to any other provision of
26		federal law to the Local Coronavirus Urgent Remediation

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

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

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1		transfer the unobligated and unexpended funds identified by
2		the Agency and held in other funds of the State Treasury under
3		this Section to the State CURE Fund. Unexpended funds in the
4		State CURE Fund shall be paid back to the federal government at
5		the direction of the Governor.
6		(f) In addition to any other transfers that may be
7		provided for by law, at the direction of the Governor, the
8		State Comptroller shall direct and the State Treasurer shall
9		transfer the sum of $24,523,000 from the State CURE Fund to the
10		Chicago Travel Industry Promotion Fund.
11		(g) In addition to any other transfers that may be
12		provided for by law, at the direction of the Governor, the
13		State Comptroller shall direct and the State Treasurer shall
14		transfer the sum of $30,000,000 from the State CURE Fund to the
15		Metropolitan Pier and Exposition Authority Incentive Fund.
16		(h) In addition to any other transfers that may be
17		provided for by law, at the direction of the Governor, the
18		State Comptroller shall direct and the State Treasurer shall
19		transfer the sum of $45,180,000 from the State CURE Fund to the
20		Local Tourism Fund.
21		(Source: P.A. 101-636, eff. 6-10-20; 102-16, eff. 6-17-21.)
22		(30 ILCS 105/6z-130 new)
23		Sec. 6z-130. Statewide 9-8-8 Trust Fund.
24		(a) The Statewide 9-8-8 Trust Fund is created as a special
25		fund in the State treasury. Moneys in the Fund shall be used by

HB4700 Enrolled - 126 - LRB102 24222 KTG 33451 b
1		the Department of Human Services for the purposes of
2		establishing and maintaining a statewide 9-8-8 suicide
3		prevention and mental health crisis system pursuant to the
4		National Suicide Hotline Designation Act of 2020, the Federal
5		Communication Commission's rules adopted on July 16, 2020, and
6		national guidelines for crisis care. The Fund shall consist
7		of:
8		(1) appropriations by the General Assembly;
9		(2) grants and gifts intended for deposit in the Fund;
10		(3) interest, premiums, gains, or other earnings on
11		the Fund;
12		(4) moneys received from any other source that are
13		deposited in or transferred into the Fund.
14		(b) Moneys in the Fund:
15		(1) do not revert at the end of any State fiscal year
16		but remain available for the purposes of the Fund in
17		subsequent State fiscal years; and
18		(2) are not subject to transfer to any other Fund or to
19		transfer, assignment, or reassignment for any other use or
20		purpose outside of those specified in this Section.
21		(c) An annual report of Fund deposits and expenditures
22		shall be made to the General Assembly and the Federal
23		Communications Commission.
24		(d) In addition to any other transfers that may be
25		provided for by law, on July 1, 2022, or as soon thereafter as
26		practical, the State Comptroller shall direct and the State

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1		Treasurer shall transfer the sum of $5,000,000 from the
2		Statewide 9-1-1 Fund to the Statewide 9-8-8 Trust Fund.
3		(30 ILCS 105/6z-131 new)
4		Sec. 6z-131. Agriculture Federal Projects Fund. The
5		Agriculture Federal Projects Fund is established as a federal
6		trust fund in the State treasury. This Fund is established to
7		receive funds from all federal departments and agencies,
8		including grants and awards. In addition, the Fund may also
9		receive interagency receipts from other State agencies and
10		funds from other public and private sources. Moneys in the
11		Agriculture Federal Projects Fund shall be held by the State
12		Treasurer as ex officio custodian and shall be used for the
13		specific purposes established by the terms and conditions of
14		the federal grant or award and for other authorized expenses
15		in accordance with federal requirements. Other moneys
16		deposited into the Fund may be used for purposes associated
17		with the federally financed projects.
18		(30 ILCS 105/6z-132 new)
19		Sec. 6z-132. DNR Federal Projects Fund. The DNR Federal
20		Projects Fund is established as a federal trust fund in the
21		State treasury. This Fund is established to receive funds from
22		all federal departments and agencies, including grants and
23		awards. In addition, the Fund may also receive interagency
24		receipts from other State agencies and agencies from other

HB4700 Enrolled - 128 - LRB102 24222 KTG 33451 b
1		states. Moneys in the DNR Federal Projects Fund shall be held
2		by the State Treasurer as ex officio custodian and shall be
3		used for the specific purposes established by the terms and
4		conditions of the federal grant or award and for other
5		authorized expenses in accordance with federal requirements.
6		Other moneys deposited into the Fund may be used for purposes
7		associated with the federally financed projects.
8		(30 ILCS 105/6z-133 new)
9		Sec. 6z-133. Illinois Opioid Remediation State Trust Fund.
10		(a) As used in this Section:
11		(1) "Approved abatement programs" means the list of
12		programs included in Exhibit B of the Illinois Opioid
13		Allocation Agreement, effective December 30, 2021.
14		(2) "National multistate opioid settlement" has the
15		meaning provided in Section 13-226 of the Code of Civil
16		Procedure.
17		(3) "Opioid-related settlement" means current or
18		future settlements reached by the Attorney General,
19		including judgments entered that are subject to the
20		Illinois Opioid Allocation Agreement, effective December
21		30, 2021.
22		(b) The Illinois Opioid Remediation State Trust Fund is
23		created as a trust fund in the State treasury to receive
24		proceeds from opioid-related settlements and judgments that
25		are directed by the Attorney General into the fund pursuant to

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1		Section 3 of the Illinois Opioid Allocation Agreement,
2		effective December 30, 2021. The fund shall be administered by
3		the Department of Human Services.
4		(c) The Illinois Opioid Remediation State Trust Fund may
5		also receive gifts, grants, bequests, donations and monies
6		from any other source, public or private, to be used for the
7		purposes of such gifts, grants, bequests, donations or awards.
8		(d) All funds directed into the Illinois Opioid
9		Remediation State Trust Fund shall be used in accordance with
10		the Illinois Opioid Allocation Agreement, effective December
11		30, 2021, and exclusively for approved abatement programs.
12		(e) The Attorney General may use a portion of the proceeds
13		in the Illinois Opioid Remediation State Trust Fund for
14		administrative costs associated with opioid-related
15		litigation, demands, or settlements.
16		(f) In addition to proceeds directed by the Attorney
17		General into the Illinois Opioid Remediation State Trust Fund,
18		the Attorney General may, at his or her discretion, direct
19		additional funds received from any opioid-related settlement
20		into the DHS State Projects Fund.
21		(30 ILCS 105/8.3) (from Ch. 127, par. 144.3)
22		Sec. 8.3. Money in the Road Fund shall, if and when the
23		State of Illinois incurs any bonded indebtedness for the
24		construction of permanent highways, be set aside and used for
25		the purpose of paying and discharging annually the principal

HB4700 Enrolled - 130 - LRB102 24222 KTG 33451 b
1		and interest on that bonded indebtedness then due and payable,
2		and for no other purpose. The surplus, if any, in the Road Fund
3		after the payment of principal and interest on that bonded
4		indebtedness then annually due shall be used as follows:
5		first -- to pay the cost of administration of Chapters
6		2 through 10 of the Illinois Vehicle Code, except the cost
7		of administration of Articles I and II of Chapter 3 of that
8		Code, and to pay the costs of the Executive Ethics
9		Commission for oversight and administration of the Chief
10		Procurement Officer appointed under paragraph (2) of
11		subsection (a) of Section 10-20 of the Illinois
12		Procurement Code for transportation; and
13		secondly -- for expenses of the Department of
14		Transportation for construction, reconstruction,
15		improvement, repair, maintenance, operation, and
16		administration of highways in accordance with the
17		provisions of laws relating thereto, or for any purpose
18		related or incident to and connected therewith, including
19		the separation of grades of those highways with railroads
20		and with highways and including the payment of awards made
21		by the Illinois Workers' Compensation Commission under the
22		terms of the Workers' Compensation Act or Workers'
23		Occupational Diseases Act for injury or death of an
24		employee of the Division of Highways in the Department of
25		Transportation; or for the acquisition of land and the
26		erection of buildings for highway purposes, including the

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1		acquisition of highway right-of-way or for investigations
2		to determine the reasonably anticipated future highway
3		needs; or for making of surveys, plans, specifications and
4		estimates for and in the construction and maintenance of
5		flight strips and of highways necessary to provide access
6		to military and naval reservations, to defense industries
7		and defense-industry sites, and to the sources of raw
8		materials and for replacing existing highways and highway
9		connections shut off from general public use at military
10		and naval reservations and defense-industry sites, or for
11		the purchase of right-of-way, except that the State shall
12		be reimbursed in full for any expense incurred in building
13		the flight strips; or for the operating and maintaining of
14		highway garages; or for patrolling and policing the public
15		highways and conserving the peace; or for the operating
16		expenses of the Department relating to the administration
17		of public transportation programs; or, during fiscal year
18		2021 only, for the purposes of a grant not to exceed
19		$8,394,800 to the Regional Transportation Authority on
20		behalf of PACE for the purpose of ADA/Para-transit
21		expenses; or, during fiscal year 2022 only, for the
22		purposes of a grant not to exceed $8,394,800 to the
23		Regional Transportation Authority on behalf of PACE for
24		the purpose of ADA/Para-transit expenses; or, during
25		fiscal year 2023, for the purposes of a grant not to exceed
26		$8,394,800 to the Regional Transportation Authority on

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1		behalf of PACE for the purpose of ADA/Para-transit
2		expenses; or for any of those purposes or any other
3		purpose that may be provided by law.
4		Appropriations for any of those purposes are payable from
5		the Road Fund. Appropriations may also be made from the Road
6		Fund for the administrative expenses of any State agency that
7		are related to motor vehicles or arise from the use of motor
8		vehicles.
9		Beginning with fiscal year 1980 and thereafter, no Road
10		Fund monies shall be appropriated to the following Departments
11		or agencies of State government for administration, grants, or
12		operations; but this limitation is not a restriction upon
13		appropriating for those purposes any Road Fund monies that are
14		eligible for federal reimbursement:
15		1. Department of Public Health;
16		2. Department of Transportation, only with respect to
17		subsidies for one-half fare Student Transportation and
18		Reduced Fare for Elderly, except fiscal year 2021 only
19		when no more than $17,570,000 may be expended and except
20		fiscal year 2022 only when no more than $17,570,000 may be
21		expended and except fiscal year 2023 when no more than
22		$17,570,000 may be expended;
23		3. Department of Central Management Services, except
24		for expenditures incurred for group insurance premiums of
25		appropriate personnel;
26		4. Judicial Systems and Agencies.

HB4700 Enrolled - 133 - LRB102 24222 KTG 33451 b
1		Beginning with fiscal year 1981 and thereafter, no Road
2		Fund monies shall be appropriated to the following Departments
3		or agencies of State government for administration, grants, or
4		operations; but this limitation is not a restriction upon
5		appropriating for those purposes any Road Fund monies that are
6		eligible for federal reimbursement:
7		1. Illinois State Police, except for expenditures with
8		respect to the Division of Patrol Operations and Division
9		of Criminal Investigation;
10		2. Department of Transportation, only with respect to
11		Intercity Rail Subsidies, except fiscal year 2021 only
12		when no more than $50,000,000 may be expended and except
13		fiscal year 2022 only when no more than $50,000,000 may be
14		expended and except fiscal year 2023 when no more than
15		$55,000,000 may be expended, and Rail Freight Services.
16		Beginning with fiscal year 1982 and thereafter, no Road
17		Fund monies shall be appropriated to the following Departments
18		or agencies of State government for administration, grants, or
19		operations; but this limitation is not a restriction upon
20		appropriating for those purposes any Road Fund monies that are
21		eligible for federal reimbursement: Department of Central
22		Management Services, except for awards made by the Illinois
23		Workers' Compensation Commission under the terms of the
24		Workers' Compensation Act or Workers' Occupational Diseases
25		Act for injury or death of an employee of the Division of
26		Highways in the Department of Transportation.

HB4700 Enrolled - 134 - LRB102 24222 KTG 33451 b
1		Beginning with fiscal year 1984 and thereafter, no Road
2		Fund monies shall be appropriated to the following Departments
3		or agencies of State government for administration, grants, or
4		operations; but this limitation is not a restriction upon
5		appropriating for those purposes any Road Fund monies that are
6		eligible for federal reimbursement:
7		1. Illinois State Police, except not more than 40% of
8		the funds appropriated for the Division of Patrol
9		Operations and Division of Criminal Investigation;
10		2. State Officers.
11		Beginning with fiscal year 1984 and thereafter, no Road
12		Fund monies shall be appropriated to any Department or agency
13		of State government for administration, grants, or operations
14		except as provided hereafter; but this limitation is not a
15		restriction upon appropriating for those purposes any Road
16		Fund monies that are eligible for federal reimbursement. It
17		shall not be lawful to circumvent the above appropriation
18		limitations by governmental reorganization or other methods.
19		Appropriations shall be made from the Road Fund only in
20		accordance with the provisions of this Section.
21		Money in the Road Fund shall, if and when the State of
22		Illinois incurs any bonded indebtedness for the construction
23		of permanent highways, be set aside and used for the purpose of
24		paying and discharging during each fiscal year the principal
25		and interest on that bonded indebtedness as it becomes due and
26		payable as provided in the Transportation Bond Act, and for no

HB4700 Enrolled - 135 - LRB102 24222 KTG 33451 b
1		other purpose. The surplus, if any, in the Road Fund after the
2		payment of principal and interest on that bonded indebtedness
3		then annually due shall be used as follows:
4		first -- to pay the cost of administration of Chapters
5		2 through 10 of the Illinois Vehicle Code; and
6		secondly -- no Road Fund monies derived from fees,
7		excises, or license taxes relating to registration,
8		operation and use of vehicles on public highways or to
9		fuels used for the propulsion of those vehicles, shall be
10		appropriated or expended other than for costs of
11		administering the laws imposing those fees, excises, and
12		license taxes, statutory refunds and adjustments allowed
13		thereunder, administrative costs of the Department of
14		Transportation, including, but not limited to, the
15		operating expenses of the Department relating to the
16		administration of public transportation programs, payment
17		of debts and liabilities incurred in construction and
18		reconstruction of public highways and bridges, acquisition
19		of rights-of-way for and the cost of construction,
20		reconstruction, maintenance, repair, and operation of
21		public highways and bridges under the direction and
22		supervision of the State, political subdivision, or
23		municipality collecting those monies, or during fiscal
24		year 2021 only for the purposes of a grant not to exceed
25		$8,394,800 to the Regional Transportation Authority on
26		behalf of PACE for the purpose of ADA/Para-transit

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1		expenses, or during fiscal year 2022 only for the purposes
2		of a grant not to exceed $8,394,800 to the Regional
3		Transportation Authority on behalf of PACE for the purpose
4		of ADA/Para-transit expenses, or during fiscal year 2023
5		for the purposes of a grant not to exceed $8,394,800 to the
6		Regional Transportation Authority on behalf of PACE for
7		the purpose of ADA/Para-transit expenses, and the costs
8		for patrolling and policing the public highways (by the
9		State, political subdivision, or municipality collecting
10		that money) for enforcement of traffic laws. The
11		separation of grades of such highways with railroads and
12		costs associated with protection of at-grade highway and
13		railroad crossing shall also be permissible.
14		Appropriations for any of such purposes are payable from
15		the Road Fund or the Grade Crossing Protection Fund as
16		provided in Section 8 of the Motor Fuel Tax Law.
17		Except as provided in this paragraph, beginning with
18		fiscal year 1991 and thereafter, no Road Fund monies shall be
19		appropriated to the Illinois State Police for the purposes of
20		this Section in excess of its total fiscal year 1990 Road Fund
21		appropriations for those purposes unless otherwise provided in
22		Section 5g of this Act. For fiscal years 2003, 2004, 2005,
23		2006, and 2007 only, no Road Fund monies shall be appropriated
24		to the Department of State Police for the purposes of this
25		Section in excess of $97,310,000. For fiscal year 2008 only,
26		no Road Fund monies shall be appropriated to the Department of

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1		State Police for the purposes of this Section in excess of
2		$106,100,000. For fiscal year 2009 only, no Road Fund monies
3		shall be appropriated to the Department of State Police for
4		the purposes of this Section in excess of $114,700,000.
5		Beginning in fiscal year 2010, no road fund moneys shall be
6		appropriated to the Illinois State Police. It shall not be
7		lawful to circumvent this limitation on appropriations by
8		governmental reorganization or other methods unless otherwise
9		provided in Section 5g of this Act.
10		In fiscal year 1994, no Road Fund monies shall be
11		appropriated to the Secretary of State for the purposes of
12		this Section in excess of the total fiscal year 1991 Road Fund
13		appropriations to the Secretary of State for those purposes,
14		plus $9,800,000. It shall not be lawful to circumvent this
15		limitation on appropriations by governmental reorganization or
16		other method.
17		Beginning with fiscal year 1995 and thereafter, no Road
18		Fund monies shall be appropriated to the Secretary of State
19		for the purposes of this Section in excess of the total fiscal
20		year 1994 Road Fund appropriations to the Secretary of State
21		for those purposes. It shall not be lawful to circumvent this
22		limitation on appropriations by governmental reorganization or
23		other methods.
24		Beginning with fiscal year 2000, total Road Fund
25		appropriations to the Secretary of State for the purposes of
26		this Section shall not exceed the amounts specified for the

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1		following fiscal years:
2 Fiscal Year 2000 $80,500,000; 3 Fiscal Year 2001 $80,500,000; 4 Fiscal Year 2002 $80,500,000; 5 Fiscal Year 2003 $130,500,000; 6 Fiscal Year 2004 $130,500,000; 7 Fiscal Year 2005 $130,500,000; 8 Fiscal Year 2006 $130,500,000; 9 Fiscal Year 2007 $130,500,000; 10 Fiscal Year 2008 $130,500,000; 11 Fiscal Year 2009 $130,500,000.
12		For fiscal year 2010, no road fund moneys shall be
13		appropriated to the Secretary of State.
14		Beginning in fiscal year 2011, moneys in the Road Fund
15		shall be appropriated to the Secretary of State for the
16		exclusive purpose of paying refunds due to overpayment of fees
17		related to Chapter 3 of the Illinois Vehicle Code unless
18		otherwise provided for by law.
19		It shall not be lawful to circumvent this limitation on
20		appropriations by governmental reorganization or other
21		methods.
22		No new program may be initiated in fiscal year 1991 and
23		thereafter that is not consistent with the limitations imposed
24		by this Section for fiscal year 1984 and thereafter, insofar
25		as appropriation of Road Fund monies is concerned.
26		Nothing in this Section prohibits transfers from the Road

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1		Fund to the State Construction Account Fund under Section 5e
2		of this Act; nor to the General Revenue Fund, as authorized by
3		Public Act 93-25.
4		The additional amounts authorized for expenditure in this
5		Section by Public Acts 92-0600, 93-0025, 93-0839, and 94-91
6		shall be repaid to the Road Fund from the General Revenue Fund
7		in the next succeeding fiscal year that the General Revenue
8		Fund has a positive budgetary balance, as determined by
9		generally accepted accounting principles applicable to
10		government.
11		The additional amounts authorized for expenditure by the
12		Secretary of State and the Department of State Police in this
13		Section by Public Act 94-91 shall be repaid to the Road Fund
14		from the General Revenue Fund in the next succeeding fiscal
15		year that the General Revenue Fund has a positive budgetary
16		balance, as determined by generally accepted accounting
17		principles applicable to government.
18		(Source: P.A. 101-10, eff. 6-5-19; 101-636, eff. 6-10-20;
19		102-16, eff. 6-17-21; 102-538, eff. 8-20-21; revised
20		10-15-21.)
21		(30 ILCS 105/8.6) (from Ch. 127, par. 144.6)
22		Sec. 8.6. Appropriations for the operation and maintenance
23		of State garages including the servicing and repair of all
24		automotive equipment owned or controlled by the State of
25		Illinois, the purchase of necessary supplies, equipment and

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1		accessories for automotive use, the purchase of public
2		liability insurance covering drivers of motor vehicles owned
3		or controlled by the State of Illinois, the design, purchase,
4		installation, operation, and maintenance of electric vehicle
5		charging infrastructure and associated improvements to any
6		property owned or controlled by the State of Illinois, and all
7		other expenses incident to the operation and maintenance of
8		the State garages are payable from the State Garage Revolving
9		Fund. Any money received by a State agency from a third party
10		as payment for damages to or destruction of a State vehicle and
11		deposited into the State Garage Revolving Fund shall be
12		utilized by the Department of Central Management Services for
13		the benefit of that agency to repair or replace, in whole or in
14		part, the damaged vehicle. All contracts let under the
15		provisions of this Act shall be awarded in accordance with the
16		applicable requirements of the Illinois Purchasing Act.
17		(Source: P.A. 87-817.)
18		(30 ILCS 105/8.12) (from Ch. 127, par. 144.12)
19		Sec. 8.12. State Pensions Fund.
20		(a) The moneys in the State Pensions Fund shall be used
21		exclusively for the administration of the Revised Uniform
22		Unclaimed Property Act and for the expenses incurred by the
23		Auditor General for administering the provisions of Section
24		2-8.1 of the Illinois State Auditing Act and for operational
25		expenses of the Office of the State Treasurer and for the

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1		funding of the unfunded liabilities of the designated
2		retirement systems. For the purposes of this Section,
3		"operational expenses of the Office of the State Treasurer"
4		includes the acquisition of land and buildings in State fiscal
5		years 2019 and 2020 for use by the Office of the State
6		Treasurer, as well as construction, reconstruction,
7		improvement, repair, and maintenance, in accordance with the
8		provisions of laws relating thereto, of such lands and
9		buildings beginning in State fiscal year 2019 and thereafter.
10		Beginning in State fiscal year 2024 2023, payments to the
11		designated retirement systems under this Section shall be in
12		addition to, and not in lieu of, any State contributions
13		required under the Illinois Pension Code.
14		"Designated retirement systems" means:
15		(1) the State Employees' Retirement System of
16		Illinois;
17		(2) the Teachers' Retirement System of the State of
18		Illinois;
19		(3) the State Universities Retirement System;
20		(4) the Judges Retirement System of Illinois; and
21		(5) the General Assembly Retirement System.
22		(b) Each year the General Assembly may make appropriations
23		from the State Pensions Fund for the administration of the
24		Revised Uniform Unclaimed Property Act.
25		(c) As soon as possible after July 30, 2004 (the effective
26		date of Public Act 93-839), the General Assembly shall

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1		appropriate from the State Pensions Fund (1) to the State
2		Universities Retirement System the amount certified under
3		Section 15-165 during the prior year, (2) to the Judges
4		Retirement System of Illinois the amount certified under
5		Section 18-140 during the prior year, and (3) to the General
6		Assembly Retirement System the amount certified under Section
7		2-134 during the prior year as part of the required State
8		contributions to each of those designated retirement systems.
9		If the amount in the State Pensions Fund does not exceed the
10		sum of the amounts certified in Sections 15-165, 18-140, and
11		2-134 by at least $5,000,000, the amount paid to each
12		designated retirement system under this subsection shall be
13		reduced in proportion to the amount certified by each of those
14		designated retirement systems.
15		(c-5) For fiscal years 2006 through 2023 2022, the General
16		Assembly shall appropriate from the State Pensions Fund to the
17		State Universities Retirement System the amount estimated to
18		be available during the fiscal year in the State Pensions
19		Fund; provided, however, that the amounts appropriated under
20		this subsection (c-5) shall not reduce the amount in the State
21		Pensions Fund below $5,000,000.
22		(c-6) For fiscal year 2024 2023 and each fiscal year
23		thereafter, as soon as may be practical after any money is
24		deposited into the State Pensions Fund from the Unclaimed
25		Property Trust Fund, the State Treasurer shall apportion the
26		deposited amount among the designated retirement systems as

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1		defined in subsection (a) to reduce their actuarial reserve
2		deficiencies. The State Comptroller and State Treasurer shall
3		pay the apportioned amounts to the designated retirement
4		systems to fund the unfunded liabilities of the designated
5		retirement systems. The amount apportioned to each designated
6		retirement system shall constitute a portion of the amount
7		estimated to be available for appropriation from the State
8		Pensions Fund that is the same as that retirement system's
9		portion of the total actual reserve deficiency of the systems,
10		as determined annually by the Governor's Office of Management
11		and Budget at the request of the State Treasurer. The amounts
12		apportioned under this subsection shall not reduce the amount
13		in the State Pensions Fund below $5,000,000.
14		(d) The Governor's Office of Management and Budget shall
15		determine the individual and total reserve deficiencies of the
16		designated retirement systems. For this purpose, the
17		Governor's Office of Management and Budget shall utilize the
18		latest available audit and actuarial reports of each of the
19		retirement systems and the relevant reports and statistics of
20		the Public Employee Pension Fund Division of the Department of
21		Insurance.
22		(d-1) (Blank).
23		(e) The changes to this Section made by Public Act 88-593
24		shall first apply to distributions from the Fund for State
25		fiscal year 1996.
26		(Source: P.A. 101-10, eff. 6-5-19; 101-487, eff. 8-23-19;

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1		101-636, eff. 6-10-20; 102-16, eff. 6-17-21.)
2		(30 ILCS 105/8g-1)
3		Sec. 8g-1. Fund transfers.
4		(a) (Blank).
5		(b) (Blank).
6		(c) (Blank).
7		(d) (Blank).
8		(e) (Blank).
9		(f) (Blank).
10		(g) (Blank).
11		(h) (Blank).
12		(i) (Blank).
13		(j) (Blank).
14		(k) (Blank).
15		(l) (Blank).
16		(m) (Blank).
17		(n) (Blank).
18		(o) (Blank).
19		(p) (Blank).
20		(q) (Blank).
21		(r) (Blank).
22		(s) (Blank).
23		(t) (Blank).
24		(u) In addition to any other transfers that may be
25		provided for by law, on July 1, 2021, or as soon thereafter as

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

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1		within the Fund.
2		(y) In addition to any other transfers that may be
3		provided for by law, on June 15, 2021, or as soon thereafter as
4		practical, but no later than June 30, 2021, the State
5		Comptroller shall direct and the State Treasurer shall
6		transfer the sum of $100,000,000 from the General Revenue Fund
7		to the Technology Management Revolving Fund.
8		(z) In addition to any other transfers that may be
9		provided for by law, on the effective date of this amendatory
10		Act of the 102nd General Assembly, or as soon thereafter as
11		practical, but no later than June 30, 2022, the State
12		Comptroller shall direct and the State Treasurer shall
13		transfer the sum of $148,000,000 from the General Revenue Fund
14		to the Build Illinois Bond Fund.
15		(aa) In addition to any other transfers that may be
16		provided for by law, on the effective date of this amendatory
17		Act of the 102nd General Assembly, or as soon thereafter as
18		practical, but no later than June 30, 2022, the State
19		Comptroller shall direct and the State Treasurer shall
20		transfer the sum of $180,000,000 from the General Revenue Fund
21		to the Rebuild Illinois Projects Fund.
22		(bb) In addition to any other transfers that may be
23		provided for by law, on July 1, 2022, or as soon thereafter as
24		practical, the State Comptroller shall direct and the State
25		Treasurer shall transfer the sum of $500,000 from the General
26		Revenue Fund to the Governor's Administrative Fund.

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1		(cc) In addition to any other transfers that may be
2		provided for by law, on July 1, 2022, or as soon thereafter as
3		practical, the State Comptroller shall direct and the State
4		Treasurer shall transfer the sum of $500,000 from the General
5		Revenue Fund to the Grant Accountability and Transparency
6		Fund.
7		(Source: P.A. 101-10, eff. 6-5-19; 101-636, eff. 6-10-20;
8		102-16, eff. 6-17-21.)
9		(30 ILCS 105/13.2) (from Ch. 127, par. 149.2)
10		Sec. 13.2. Transfers among line item appropriations.
11		(a) Transfers among line item appropriations from the same
12		treasury fund for the objects specified in this Section may be
13		made in the manner provided in this Section when the balance
14		remaining in one or more such line item appropriations is
15		insufficient for the purpose for which the appropriation was
16		made.
17		(a-1) No transfers may be made from one agency to another
18		agency, nor may transfers be made from one institution of
19		higher education to another institution of higher education
20		except as provided by subsection (a-4).
21		(a-2) Except as otherwise provided in this Section,
22		transfers may be made only among the objects of expenditure
23		enumerated in this Section, except that no funds may be
24		transferred from any appropriation for personal services, from
25		any appropriation for State contributions to the State

HB4700 Enrolled - 148 - LRB102 24222 KTG 33451 b
1		Employees' Retirement System, from any separate appropriation
2		for employee retirement contributions paid by the employer,
3		nor from any appropriation for State contribution for employee
4		group insurance.
5		(a-2.5) (Blank).
6		(a-3) Further, if an agency receives a separate
7		appropriation for employee retirement contributions paid by
8		the employer, any transfer by that agency into an
9		appropriation for personal services must be accompanied by a
10		corresponding transfer into the appropriation for employee
11		retirement contributions paid by the employer, in an amount
12		sufficient to meet the employer share of the employee
13		contributions required to be remitted to the retirement
14		system.
15		(a-4) Long-Term Care Rebalancing. The Governor may
16		designate amounts set aside for institutional services
17		appropriated from the General Revenue Fund or any other State
18		fund that receives monies for long-term care services to be
19		transferred to all State agencies responsible for the
20		administration of community-based long-term care programs,
21		including, but not limited to, community-based long-term care
22		programs administered by the Department of Healthcare and
23		Family Services, the Department of Human Services, and the
24		Department on Aging, provided that the Director of Healthcare
25		and Family Services first certifies that the amounts being
26		transferred are necessary for the purpose of assisting persons

HB4700 Enrolled - 149 - LRB102 24222 KTG 33451 b
1		in or at risk of being in institutional care to transition to
2		community-based settings, including the financial data needed
3		to prove the need for the transfer of funds. The total amounts
4		transferred shall not exceed 4% in total of the amounts
5		appropriated from the General Revenue Fund or any other State
6		fund that receives monies for long-term care services for each
7		fiscal year. A notice of the fund transfer must be made to the
8		General Assembly and posted at a minimum on the Department of
9		Healthcare and Family Services website, the Governor's Office
10		of Management and Budget website, and any other website the
11		Governor sees fit. These postings shall serve as notice to the
12		General Assembly of the amounts to be transferred. Notice
13		shall be given at least 30 days prior to transfer.
14		(b) In addition to the general transfer authority provided
15		under subsection (c), the following agencies have the specific
16		transfer authority granted in this subsection:
17		The Department of Healthcare and Family Services is
18		authorized to make transfers representing savings attributable
19		to not increasing grants due to the births of additional
20		children from line items for payments of cash grants to line
21		items for payments for employment and social services for the
22		purposes outlined in subsection (f) of Section 4-2 of the
23		Illinois Public Aid Code.
24		The Department of Children and Family Services is
25		authorized to make transfers not exceeding 2% of the aggregate
26		amount appropriated to it within the same treasury fund for

HB4700 Enrolled - 150 - LRB102 24222 KTG 33451 b
1		the following line items among these same line items: Foster
2		Home and Specialized Foster Care and Prevention, Institutions
3		and Group Homes and Prevention, and Purchase of Adoption and
4		Guardianship Services.
5		The Department on Aging is authorized to make transfers
6		not exceeding 10% of the aggregate amount appropriated to it
7		within the same treasury fund for the following Community Care
8		Program line items among these same line items: purchase of
9		services covered by the Community Care Program and
10		Comprehensive Case Coordination.
11		The State Board of Education is authorized to make
12		transfers from line item appropriations within the same
13		treasury fund for General State Aid, General State Aid - Hold
14		Harmless, and Evidence-Based Funding, provided that no such
15		transfer may be made unless the amount transferred is no
16		longer required for the purpose for which that appropriation
17		was made, to the line item appropriation for Transitional
18		Assistance when the balance remaining in such line item
19		appropriation is insufficient for the purpose for which the
20		appropriation was made.
21		The State Board of Education is authorized to make
22		transfers between the following line item appropriations
23		within the same treasury fund: Disabled Student
24		Services/Materials (Section 14-13.01 of the School Code),
25		Disabled Student Transportation Reimbursement (Section
26		14-13.01 of the School Code), Disabled Student Tuition -

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1		Private Tuition (Section 14-7.02 of the School Code),
2		Extraordinary Special Education (Section 14-7.02b of the
3		School Code), Reimbursement for Free Lunch/Breakfast Program,
4		Summer School Payments (Section 18-4.3 of the School Code),
5		and Transportation - Regular/Vocational Reimbursement (Section
6		29-5 of the School Code). Such transfers shall be made only
7		when the balance remaining in one or more such line item
8		appropriations is insufficient for the purpose for which the
9		appropriation was made and provided that no such transfer may
10		be made unless the amount transferred is no longer required
11		for the purpose for which that appropriation was made.
12		The Department of Healthcare and Family Services is
13		authorized to make transfers not exceeding 4% of the aggregate
14		amount appropriated to it, within the same treasury fund,
15		among the various line items appropriated for Medical
16		Assistance.
17		The Department of Central Management Services is
18		authorized to make transfers not exceeding 2% of the aggregate
19		amount appropriated to it, within the same treasury fund, from
20		the various line items appropriated to the Department, into
21		the following line item appropriations: auto liability claims
22		and related expenses and payment of claims under the State
23		Employee Indemnification Act.
24		(c) The sum of such transfers for an agency in a fiscal
25		year shall not exceed 2% of the aggregate amount appropriated
26		to it within the same treasury fund for the following objects:

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1		Personal Services; Extra Help; Student and Inmate
2		Compensation; State Contributions to Retirement Systems; State
3		Contributions to Social Security; State Contribution for
4		Employee Group Insurance; Contractual Services; Travel;
5		Commodities; Printing; Equipment; Electronic Data Processing;
6		Operation of Automotive Equipment; Telecommunications
7		Services; Travel and Allowance for Committed, Paroled and
8		Discharged Prisoners; Library Books; Federal Matching Grants
9		for Student Loans; Refunds; Workers' Compensation,
10		Occupational Disease, and Tort Claims; Late Interest Penalties
11		under the State Prompt Payment Act and Sections 368a and 370a
12		of the Illinois Insurance Code; and, in appropriations to
13		institutions of higher education, Awards and Grants.
14		Notwithstanding the above, any amounts appropriated for
15		payment of workers' compensation claims to an agency to which
16		the authority to evaluate, administer and pay such claims has
17		been delegated by the Department of Central Management
18		Services may be transferred to any other expenditure object
19		where such amounts exceed the amount necessary for the payment
20		of such claims.
21		(c-1) (Blank).
22		(c-2) (Blank).
23		(c-3) (Blank).
24		(c-4) (Blank).
25		(c-5) (Blank).
26		(c-6) (Blank).

HB4700 Enrolled - 153 - LRB102 24222 KTG 33451 b
1		(c-7) (Blank). Special provisions for State fiscal year
2		2021. Notwithstanding any other provision of this Section, for
3		State fiscal year 2021, transfers among line item
4		appropriations to a State agency from the same State treasury
5		fund may be made for operational or lump sum expenses only,
6		provided that the sum of such transfers for a State agency in
7		State fiscal year 2021 shall not exceed 8% of the aggregate
8		amount appropriated to that State agency for operational or
9		lump sum expenses for State fiscal year 2021. For the purpose
10		of this subsection, "operational or lump sum expenses"
11		includes the following objects: personal services; extra help;
12		student and inmate compensation; State contributions to
13		retirement systems; State contributions to social security;
14		State contributions for employee group insurance; contractual
15		services; travel; commodities; printing; equipment; electronic
16		data processing; operation of automotive equipment;
17		telecommunications services; travel and allowance for
18		committed, paroled, and discharged prisoners; library books;
19		federal matching grants for student loans; refunds; workers'
20		compensation, occupational disease, and tort claims; Late
21		Interest Penalties under the State Prompt Payment Act and
22		Sections 368a and 370a of the Illinois Insurance Code; lump
23		sum and other purposes; and lump sum operations. For the
24		purpose of this subsection, "State agency" does not include
25		the Attorney General, the Secretary of State, the Comptroller,
26		the Treasurer, or the judicial or legislative branches.

HB4700 Enrolled - 154 - LRB102 24222 KTG 33451 b
1		(c-8) Special provisions for State fiscal year 2022.
2		Notwithstanding any other provision of this Section, for State
3		fiscal year 2022, transfers among line item appropriations to
4		a State agency from the same State treasury fund may be made
5		for operational or lump sum expenses only, provided that the
6		sum of such transfers for a State agency in State fiscal year
7		2022 shall not exceed 4% of the aggregate amount appropriated
8		to that State agency for operational or lump sum expenses for
9		State fiscal year 2022. For the purpose of this subsection,
10		"operational or lump sum expenses" includes the following
11		objects: personal services; extra help; student and inmate
12		compensation; State contributions to retirement systems; State
13		contributions to social security; State contributions for
14		employee group insurance; contractual services; travel;
15		commodities; printing; equipment; electronic data processing;
16		operation of automotive equipment; telecommunications
17		services; travel and allowance for committed, paroled, and
18		discharged prisoners; library books; federal matching grants
19		for student loans; refunds; workers' compensation,
20		occupational disease, and tort claims; Late Interest Penalties
21		under the State Prompt Payment Act and Sections 368a and 370a
22		of the Illinois Insurance Code; lump sum and other purposes;
23		and lump sum operations. For the purpose of this subsection,
24		"State agency" does not include the Attorney General, the
25		Secretary of State, the Comptroller, the Treasurer, or the
26		judicial or legislative branches.

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

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1		(d) Transfers among appropriations made to agencies of the
2		Legislative and Judicial departments and to the
3		constitutionally elected officers in the Executive branch
4		require the approval of the officer authorized in Section 10
5		of this Act to approve and certify vouchers. Transfers among
6		appropriations made to the University of Illinois, Southern
7		Illinois University, Chicago State University, Eastern
8		Illinois University, Governors State University, Illinois
9		State University, Northeastern Illinois University, Northern
10		Illinois University, Western Illinois University, the Illinois
11		Mathematics and Science Academy and the Board of Higher
12		Education require the approval of the Board of Higher
13		Education and the Governor. Transfers among appropriations to
14		all other agencies require the approval of the Governor.
15		The officer responsible for approval shall certify that
16		the transfer is necessary to carry out the programs and
17		purposes for which the appropriations were made by the General
18		Assembly and shall transmit to the State Comptroller a
19		certified copy of the approval which shall set forth the
20		specific amounts transferred so that the Comptroller may
21		change his records accordingly. The Comptroller shall furnish
22		the Governor with information copies of all transfers approved
23		for agencies of the Legislative and Judicial departments and
24		transfers approved by the constitutionally elected officials
25		of the Executive branch other than the Governor, showing the
26		amounts transferred and indicating the dates such changes were

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1		entered on the Comptroller's records.
2		(e) The State Board of Education, in consultation with the
3		State Comptroller, may transfer line item appropriations for
4		General State Aid or Evidence-Based Funding among the Common
5		School Fund and the Education Assistance Fund, and, for State
6		fiscal year 2020 and each fiscal year thereafter, the Fund for
7		the Advancement of Education. With the advice and consent of
8		the Governor's Office of Management and Budget, the State
9		Board of Education, in consultation with the State
10		Comptroller, may transfer line item appropriations between the
11		General Revenue Fund and the Education Assistance Fund for the
12		following programs:
13		(1) Disabled Student Personnel Reimbursement (Section
14		14-13.01 of the School Code);
15		(2) Disabled Student Transportation Reimbursement
16		(subsection (b) of Section 14-13.01 of the School Code);
17		(3) Disabled Student Tuition - Private Tuition
18		(Section 14-7.02 of the School Code);
19		(4) Extraordinary Special Education (Section 14-7.02b
20		of the School Code);
21		(5) Reimbursement for Free Lunch/Breakfast Programs;
22		(6) Summer School Payments (Section 18-4.3 of the
23		School Code);
24		(7) Transportation - Regular/Vocational Reimbursement
25		(Section 29-5 of the School Code);
26		(8) Regular Education Reimbursement (Section 18-3 of

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1		the School Code); and
2		(9) Special Education Reimbursement (Section 14-7.03
3		of the School Code).
4		(f) For State fiscal year 2020 and each fiscal year
5		thereafter, the Department on Aging, in consultation with the
6		State Comptroller, with the advice and consent of the
7		Governor's Office of Management and Budget, may transfer line
8		item appropriations for purchase of services covered by the
9		Community Care Program between the General Revenue Fund and
10		the Commitment to Human Services Fund.
11		(Source: P.A. 101-10, eff. 6-5-19; 101-81, eff. 7-12-19;
12		101-275, eff. 8-9-19; 101-636, eff. 6-10-20; 102-16, eff.
13		6-17-21.)
14		(30 ILCS 105/24.2) (from Ch. 127, par. 160.2)
15		Sec. 24.2. The item "operation of automotive equipment",
16		when used in an appropriation act, means and includes all
17		expenditures incurred in the operation, maintenance and repair
18		of automotive equipment, including expenditures for motor
19		fuel, tires, oil, electric vehicle batteries, electric vehicle
20		components, electric vehicle diagnostic tools, repair parts,
21		and other articles which, except for the operation of this
22		Section section, would be classified as "commodities" or
23		"contractual services", but not including expenditures for the
24		purchase or rental of equipment.
25		(Source: P.A. 84-428.)

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1		(30 ILCS 105/25) (from Ch. 127, par. 161)
2		Sec. 25. Fiscal year limitations.
3		(a) All appropriations shall be available for expenditure
4		for the fiscal year or for a lesser period if the Act making
5		that appropriation so specifies. A deficiency or emergency
6		appropriation shall be available for expenditure only through
7		June 30 of the year when the Act making that appropriation is
8		enacted unless that Act otherwise provides.
9		(b) Outstanding liabilities as of June 30, payable from
10		appropriations which have otherwise expired, may be paid out
11		of the expiring appropriations during the 2-month period
12		ending at the close of business on August 31. Any service
13		involving professional or artistic skills or any personal
14		services by an employee whose compensation is subject to
15		income tax withholding must be performed as of June 30 of the
16		fiscal year in order to be considered an "outstanding
17		liability as of June 30" that is thereby eligible for payment
18		out of the expiring appropriation.
19		(b-1) However, payment of tuition reimbursement claims
20		under Section 14-7.03 or 18-3 of the School Code may be made by
21		the State Board of Education from its appropriations for those
22		respective purposes for any fiscal year, even though the
23		claims reimbursed by the payment may be claims attributable to
24		a prior fiscal year, and payments may be made at the direction
25		of the State Superintendent of Education from the fund from

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1		which the appropriation is made without regard to any fiscal
2		year limitations, except as required by subsection (j) of this
3		Section. Beginning on June 30, 2021, payment of tuition
4		reimbursement claims under Section 14-7.03 or 18-3 of the
5		School Code as of June 30, payable from appropriations that
6		have otherwise expired, may be paid out of the expiring
7		appropriation during the 4-month period ending at the close of
8		business on October 31.
9		(b-2) (Blank).
10		(b-2.5) (Blank).
11		(b-2.6) (Blank).
12		(b-2.6a) (Blank).
13		(b-2.6b) (Blank).
14		(b-2.6c) (Blank).
15		(b-2.6d) All outstanding liabilities as of June 30, 2020,
16		payable from appropriations that would otherwise expire at the
17		conclusion of the lapse period for fiscal year 2020, and
18		interest penalties payable on those liabilities under the
19		State Prompt Payment Act, may be paid out of the expiring
20		appropriations until December 31, 2020, without regard to the
21		fiscal year in which the payment is made, as long as vouchers
22		for the liabilities are received by the Comptroller no later
23		than September 30, 2020.
24		(b-2.6e) All outstanding liabilities as of June 30, 2021,
25		payable from appropriations that would otherwise expire at the
26		conclusion of the lapse period for fiscal year 2021, and

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1		interest penalties payable on those liabilities under the
2		State Prompt Payment Act, may be paid out of the expiring
3		appropriations until September 30, 2021, without regard to the
4		fiscal year in which the payment is made.
5		(b-2.7) For fiscal years 2012, 2013, 2014, 2018, 2019,
6		2020, 2021, and 2022, and 2023, interest penalties payable
7		under the State Prompt Payment Act associated with a voucher
8		for which payment is issued after June 30 may be paid out of
9		the next fiscal year's appropriation. The future year
10		appropriation must be for the same purpose and from the same
11		fund as the original payment. An interest penalty voucher
12		submitted against a future year appropriation must be
13		submitted within 60 days after the issuance of the associated
14		voucher, except that, for fiscal year 2018 only, an interest
15		penalty voucher submitted against a future year appropriation
16		must be submitted within 60 days of June 5, 2019 (the effective
17		date of Public Act 101-10). The Comptroller must issue the
18		interest payment within 60 days after acceptance of the
19		interest voucher.
20		(b-3) Medical payments may be made by the Department of
21		Veterans' Affairs from its appropriations for those purposes
22		for any fiscal year, without regard to the fact that the
23		medical services being compensated for by such payment may
24		have been rendered in a prior fiscal year, except as required
25		by subsection (j) of this Section. Beginning on June 30, 2021,
26		medical payments payable from appropriations that have

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

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1		provided the payments are made on a fee-for-service basis
2		consistent with requirements established for Medicaid
3		reimbursement by the Department of Healthcare and Family
4		Services, except as required by subsection (j) of this
5		Section. Beginning on June 30, 2021, medical payments made by
6		the Department of Human Services relating to substance abuse
7		treatment services payable from appropriations that have
8		otherwise expired may be paid out of the expiring
9		appropriation during the 4-month period ending at the close of
10		business on October 31.
11		(b-6) (Blank).
12		(b-7) Payments may be made in accordance with a plan
13		authorized by paragraph (11) or (12) of Section 405-105 of the
14		Department of Central Management Services Law from
15		appropriations for those payments without regard to fiscal
16		year limitations.
17		(b-8) Reimbursements to eligible airport sponsors for the
18		construction or upgrading of Automated Weather Observation
19		Systems may be made by the Department of Transportation from
20		appropriations for those purposes for any fiscal year, without
21		regard to the fact that the qualification or obligation may
22		have occurred in a prior fiscal year, provided that at the time
23		the expenditure was made the project had been approved by the
24		Department of Transportation prior to June 1, 2012 and, as a
25		result of recent changes in federal funding formulas, can no
26		longer receive federal reimbursement.

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1		(b-9) (Blank).
2		(c) Further, payments may be made by the Department of
3		Public Health and the Department of Human Services (acting as
4		successor to the Department of Public Health under the
5		Department of Human Services Act) from their respective
6		appropriations for grants for medical care to or on behalf of
7		premature and high-mortality risk infants and their mothers
8		and for grants for supplemental food supplies provided under
9		the United States Department of Agriculture Women, Infants and
10		Children Nutrition Program, for any fiscal year without regard
11		to the fact that the services being compensated for by such
12		payment may have been rendered in a prior fiscal year, except
13		as required by subsection (j) of this Section. Beginning on
14		June 30, 2021, payments made by the Department of Public
15		Health and the Department of Human Services from their
16		respective appropriations for grants for medical care to or on
17		behalf of premature and high-mortality risk infants and their
18		mothers and for grants for supplemental food supplies provided
19		under the United States Department of Agriculture Women,
20		Infants and Children Nutrition Program payable from
21		appropriations that have otherwise expired may be paid out of
22		the expiring appropriations during the 4-month period ending
23		at the close of business on October 31.
24		(d) The Department of Public Health and the Department of
25		Human Services (acting as successor to the Department of
26		Public Health under the Department of Human Services Act)

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1		shall each annually submit to the State Comptroller, Senate
2		President, Senate Minority Leader, Speaker of the House, House
3		Minority Leader, and the respective Chairmen and Minority
4		Spokesmen of the Appropriations Committees of the Senate and
5		the House, on or before December 31, a report of fiscal year
6		funds used to pay for services provided in any prior fiscal
7		year. This report shall document by program or service
8		category those expenditures from the most recently completed
9		fiscal year used to pay for services provided in prior fiscal
10		years.
11		(e) The Department of Healthcare and Family Services, the
12		Department of Human Services (acting as successor to the
13		Department of Public Aid), and the Department of Human
14		Services making fee-for-service payments relating to substance
15		abuse treatment services provided during a previous fiscal
16		year shall each annually submit to the State Comptroller,
17		Senate President, Senate Minority Leader, Speaker of the
18		House, House Minority Leader, the respective Chairmen and
19		Minority Spokesmen of the Appropriations Committees of the
20		Senate and the House, on or before November 30, a report that
21		shall document by program or service category those
22		expenditures from the most recently completed fiscal year used
23		to pay for (i) services provided in prior fiscal years and (ii)
24		services for which claims were received in prior fiscal years.
25		(f) The Department of Human Services (as successor to the
26		Department of Public Aid) shall annually submit to the State

HB4700 Enrolled - 166 - LRB102 24222 KTG 33451 b
1		Comptroller, Senate President, Senate Minority Leader, Speaker
2		of the House, House Minority Leader, and the respective
3		Chairmen and Minority Spokesmen of the Appropriations
4		Committees of the Senate and the House, on or before December
5		31, a report of fiscal year funds used to pay for services
6		(other than medical care) provided in any prior fiscal year.
7		This report shall document by program or service category
8		those expenditures from the most recently completed fiscal
9		year used to pay for services provided in prior fiscal years.
10		(g) In addition, each annual report required to be
11		submitted by the Department of Healthcare and Family Services
12		under subsection (e) shall include the following information
13		with respect to the State's Medicaid program:
14		(1) Explanations of the exact causes of the variance
15		between the previous year's estimated and actual
16		liabilities.
17		(2) Factors affecting the Department of Healthcare and
18		Family Services' liabilities, including, but not limited
19		to, numbers of aid recipients, levels of medical service
20		utilization by aid recipients, and inflation in the cost
21		of medical services.
22		(3) The results of the Department's efforts to combat
23		fraud and abuse.
24		(h) As provided in Section 4 of the General Assembly
25		Compensation Act, any utility bill for service provided to a
26		General Assembly member's district office for a period

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1		including portions of 2 consecutive fiscal years may be paid
2		from funds appropriated for such expenditure in either fiscal
3		year.
4		(i) An agency which administers a fund classified by the
5		Comptroller as an internal service fund may issue rules for:
6		(1) billing user agencies in advance for payments or
7		authorized inter-fund transfers based on estimated charges
8		for goods or services;
9		(2) issuing credits, refunding through inter-fund
10		transfers, or reducing future inter-fund transfers during
11		the subsequent fiscal year for all user agency payments or
12		authorized inter-fund transfers received during the prior
13		fiscal year which were in excess of the final amounts owed
14		by the user agency for that period; and
15		(3) issuing catch-up billings to user agencies during
16		the subsequent fiscal year for amounts remaining due when
17		payments or authorized inter-fund transfers received from
18		the user agency during the prior fiscal year were less
19		than the total amount owed for that period.
20		User agencies are authorized to reimburse internal service
21		funds for catch-up billings by vouchers drawn against their
22		respective appropriations for the fiscal year in which the
23		catch-up billing was issued or by increasing an authorized
24		inter-fund transfer during the current fiscal year. For the
25		purposes of this Act, "inter-fund transfers" means transfers
26		without the use of the voucher-warrant process, as authorized

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1		by Section 9.01 of the State Comptroller Act.
2		(i-1) Beginning on July 1, 2021, all outstanding
3		liabilities, not payable during the 4-month lapse period as
4		described in subsections (b-1), (b-3), (b-4), (b-5), and (c)
5		of this Section, that are made from appropriations for that
6		purpose for any fiscal year, without regard to the fact that
7		the services being compensated for by those payments may have
8		been rendered in a prior fiscal year, are limited to only those
9		claims that have been incurred but for which a proper bill or
10		invoice as defined by the State Prompt Payment Act has not been
11		received by September 30th following the end of the fiscal
12		year in which the service was rendered.
13		(j) Notwithstanding any other provision of this Act, the
14		aggregate amount of payments to be made without regard for
15		fiscal year limitations as contained in subsections (b-1),
16		(b-3), (b-4), (b-5), and (c) of this Section, and determined
17		by using Generally Accepted Accounting Principles, shall not
18		exceed the following amounts:
19		(1) $6,000,000,000 for outstanding liabilities related
20		to fiscal year 2012;
21		(2) $5,300,000,000 for outstanding liabilities related
22		to fiscal year 2013;
23		(3) $4,600,000,000 for outstanding liabilities related
24		to fiscal year 2014;
25		(4) $4,000,000,000 for outstanding liabilities related
26		to fiscal year 2015;

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1		(5) $3,300,000,000 for outstanding liabilities related
2		to fiscal year 2016;
3		(6) $2,600,000,000 for outstanding liabilities related
4		to fiscal year 2017;
5		(7) $2,000,000,000 for outstanding liabilities related
6		to fiscal year 2018;
7		(8) $1,300,000,000 for outstanding liabilities related
8		to fiscal year 2019;
9		(9) $600,000,000 for outstanding liabilities related
10		to fiscal year 2020; and
11		(10) $0 for outstanding liabilities related to fiscal
12		year 2021 and fiscal years thereafter.
13		(k) Department of Healthcare and Family Services Medical
14		Assistance Payments.
15		(1) Definition of Medical Assistance.
16		For purposes of this subsection, the term "Medical
17		Assistance" shall include, but not necessarily be
18		limited to, medical programs and services authorized
19		under Titles XIX and XXI of the Social Security Act,
20		the Illinois Public Aid Code, the Children's Health
21		Insurance Program Act, the Covering ALL KIDS Health
22		Insurance Act, the Long Term Acute Care Hospital
23		Quality Improvement Transfer Program Act, and medical
24		care to or on behalf of persons suffering from chronic
25		renal disease, persons suffering from hemophilia, and
26		victims of sexual assault.

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1		(2) Limitations on Medical Assistance payments that
2		may be paid from future fiscal year appropriations.
3		(A) The maximum amounts of annual unpaid Medical
4		Assistance bills received and recorded by the
5		Department of Healthcare and Family Services on or
6		before June 30th of a particular fiscal year
7		attributable in aggregate to the General Revenue Fund,
8		Healthcare Provider Relief Fund, Tobacco Settlement
9		Recovery Fund, Long-Term Care Provider Fund, and the
10		Drug Rebate Fund that may be paid in total by the
11		Department from future fiscal year Medical Assistance
12		appropriations to those funds are: $700,000,000 for
13		fiscal year 2013 and $100,000,000 for fiscal year 2014
14		and each fiscal year thereafter.
15		(B) Bills for Medical Assistance services rendered
16		in a particular fiscal year, but received and recorded
17		by the Department of Healthcare and Family Services
18		after June 30th of that fiscal year, may be paid from
19		either appropriations for that fiscal year or future
20		fiscal year appropriations for Medical Assistance.
21		Such payments shall not be subject to the requirements
22		of subparagraph (A).
23		(C) Medical Assistance bills received by the
24		Department of Healthcare and Family Services in a
25		particular fiscal year, but subject to payment amount
26		adjustments in a future fiscal year may be paid from a

HB4700 Enrolled - 171 - LRB102 24222 KTG 33451 b
1		future fiscal year's appropriation for Medical
2		Assistance. Such payments shall not be subject to the
3		requirements of subparagraph (A).
4		(D) Medical Assistance payments made by the
5		Department of Healthcare and Family Services from
6		funds other than those specifically referenced in
7		subparagraph (A) may be made from appropriations for
8		those purposes for any fiscal year without regard to
9		the fact that the Medical Assistance services being
10		compensated for by such payment may have been rendered
11		in a prior fiscal year. Such payments shall not be
12		subject to the requirements of subparagraph (A).
13		(3) Extended lapse period for Department of Healthcare
14		and Family Services Medical Assistance payments.
15		Notwithstanding any other State law to the contrary,
16		outstanding Department of Healthcare and Family Services
17		Medical Assistance liabilities, as of June 30th, payable
18		from appropriations which have otherwise expired, may be
19		paid out of the expiring appropriations during the 4-month
20		period ending at the close of business on October 31st.
21		(l) The changes to this Section made by Public Act 97-691
22		shall be effective for payment of Medical Assistance bills
23		incurred in fiscal year 2013 and future fiscal years. The
24		changes to this Section made by Public Act 97-691 shall not be
25		applied to Medical Assistance bills incurred in fiscal year
26		2012 or prior fiscal years.

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1		(m) The Comptroller must issue payments against
2		outstanding liabilities that were received prior to the lapse
3		period deadlines set forth in this Section as soon thereafter
4		as practical, but no payment may be issued after the 4 months
5		following the lapse period deadline without the signed
6		authorization of the Comptroller and the Governor.
7		(Source: P.A. 101-10, eff. 6-5-19; 101-275, eff. 8-9-19;
8		101-636, eff. 6-10-20; 102-16, eff. 6-17-21; 102-291, eff.
9		8-6-21; revised 9-28-21.)
10		Section 5-40. The State Revenue Sharing Act is amended by
11		changing Section 12 as follows:
12		(30 ILCS 115/12) (from Ch. 85, par. 616)
13		Sec. 12. Personal Property Tax Replacement Fund. There is
14		hereby created the Personal Property Tax Replacement Fund, a
15		special fund in the State Treasury into which shall be paid all
16		revenue realized:
17		(a) all amounts realized from the additional personal
18		property tax replacement income tax imposed by subsections
19		(c) and (d) of Section 201 of the Illinois Income Tax Act,
20		except for those amounts deposited into the Income Tax
21		Refund Fund pursuant to subsection (c) of Section 901 of
22		the Illinois Income Tax Act; and
23		(b) all amounts realized from the additional personal
24		property replacement invested capital taxes imposed by

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1		Section 2a.1 of the Messages Tax Act, Section 2a.1 of the
2		Gas Revenue Tax Act, Section 2a.1 of the Public Utilities
3		Revenue Act, and Section 3 of the Water Company Invested
4		Capital Tax Act, and amounts payable to the Department of
5		Revenue under the Telecommunications Infrastructure
6		Maintenance Fee Act.
7		As soon as may be after the end of each month, the
8		Department of Revenue shall certify to the Treasurer and the
9		Comptroller the amount of all refunds paid out of the General
10		Revenue Fund through the preceding month on account of
11		overpayment of liability on taxes paid into the Personal
12		Property Tax Replacement Fund. Upon receipt of such
13		certification, the Treasurer and the Comptroller shall
14		transfer the amount so certified from the Personal Property
15		Tax Replacement Fund into the General Revenue Fund.
16		The payments of revenue into the Personal Property Tax
17		Replacement Fund shall be used exclusively for distribution to
18		taxing districts, regional offices and officials, and local
19		officials as provided in this Section and in the School Code,
20		payment of the ordinary and contingent expenses of the
21		Property Tax Appeal Board, payment of the expenses of the
22		Department of Revenue incurred in administering the collection
23		and distribution of monies paid into the Personal Property Tax
24		Replacement Fund and transfers due to refunds to taxpayers for
25		overpayment of liability for taxes paid into the Personal
26		Property Tax Replacement Fund.

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1		In addition, moneys in the Personal Property Tax
2		Replacement Fund may be used to pay any of the following: (i)
3		salary, stipends, and additional compensation as provided by
4		law for chief election clerks, county clerks, and county
5		recorders; (ii) costs associated with regional offices of
6		education and educational service centers; (iii)
7		reimbursements payable by the State Board of Elections under
8		Section 4-25, 5-35, 6-71, 13-10, 13-10a, or 13-11 of the
9		Election Code; (iv) expenses of the Illinois Educational Labor
10		Relations Board; and (v) salary, personal services, and
11		additional compensation as provided by law for court reporters
12		under the Court Reporters Act.
13		As soon as may be after June 26, 1980 (the effective date
14		of Public Act 81-1255), the Department of Revenue shall
15		certify to the Treasurer the amount of net replacement revenue
16		paid into the General Revenue Fund prior to that effective
17		date from the additional tax imposed by Section 2a.1 of the
18		Messages Tax Act; Section 2a.1 of the Gas Revenue Tax Act;
19		Section 2a.1 of the Public Utilities Revenue Act; Section 3 of
20		the Water Company Invested Capital Tax Act; amounts collected
21		by the Department of Revenue under the Telecommunications
22		Infrastructure Maintenance Fee Act; and the additional
23		personal property tax replacement income tax imposed by the
24		Illinois Income Tax Act, as amended by Public Act 81-1st
25		Special Session-1. Net replacement revenue shall be defined as
26		the total amount paid into and remaining in the General

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1		Revenue Fund as a result of those Acts minus the amount
2		outstanding and obligated from the General Revenue Fund in
3		state vouchers or warrants prior to June 26, 1980 (the
4		effective date of Public Act 81-1255) as refunds to taxpayers
5		for overpayment of liability under those Acts.
6		All interest earned by monies accumulated in the Personal
7		Property Tax Replacement Fund shall be deposited in such Fund.
8		All amounts allocated pursuant to this Section are
9		appropriated on a continuing basis.
10		Prior to December 31, 1980, as soon as may be after the end
11		of each quarter beginning with the quarter ending December 31,
12		1979, and on and after December 31, 1980, as soon as may be
13		after January 1, March 1, April 1, May 1, July 1, August 1,
14		October 1 and December 1 of each year, the Department of
15		Revenue shall allocate to each taxing district as defined in
16		Section 1-150 of the Property Tax Code, in accordance with the
17		provisions of paragraph (2) of this Section the portion of the
18		funds held in the Personal Property Tax Replacement Fund which
19		is required to be distributed, as provided in paragraph (1),
20		for each quarter. Provided, however, under no circumstances
21		shall any taxing district during each of the first two years of
22		distribution of the taxes imposed by Public Act 81-1st Special
23		Session-1 be entitled to an annual allocation which is less
24		than the funds such taxing district collected from the 1978
25		personal property tax. Provided further that under no
26		circumstances shall any taxing district during the third year

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1		of distribution of the taxes imposed by Public Act 81-1st
2		Special Session-1 receive less than 60% of the funds such
3		taxing district collected from the 1978 personal property tax.
4		In the event that the total of the allocations made as above
5		provided for all taxing districts, during either of such 3
6		years, exceeds the amount available for distribution the
7		allocation of each taxing district shall be proportionately
8		reduced. Except as provided in Section 13 of this Act, the
9		Department shall then certify, pursuant to appropriation, such
10		allocations to the State Comptroller who shall pay over to the
11		several taxing districts the respective amounts allocated to
12		them.
13		Any township which receives an allocation based in whole
14		or in part upon personal property taxes which it levied
15		pursuant to Section 6-507 or 6-512 of the Illinois Highway
16		Code and which was previously required to be paid over to a
17		municipality shall immediately pay over to that municipality a
18		proportionate share of the personal property replacement funds
19		which such township receives.
20		Any municipality or township, other than a municipality
21		with a population in excess of 500,000, which receives an
22		allocation based in whole or in part on personal property
23		taxes which it levied pursuant to Sections 3-1, 3-4 and 3-6 of
24		the Illinois Local Library Act and which was previously
25		required to be paid over to a public library shall immediately
26		pay over to that library a proportionate share of the personal

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1		property tax replacement funds which such municipality or
2		township receives; provided that if such a public library has
3		converted to a library organized under the Illinois Public
4		Library District Act, regardless of whether such conversion
5		has occurred on, after or before January 1, 1988, such
6		proportionate share shall be immediately paid over to the
7		library district which maintains and operates the library.
8		However, any library that has converted prior to January 1,
9		1988, and which hitherto has not received the personal
10		property tax replacement funds, shall receive such funds
11		commencing on January 1, 1988.
12		Any township which receives an allocation based in whole
13		or in part on personal property taxes which it levied pursuant
14		to Section 1c of the Public Graveyards Act and which taxes were
15		previously required to be paid over to or used for such public
16		cemetery or cemeteries shall immediately pay over to or use
17		for such public cemetery or cemeteries a proportionate share
18		of the personal property tax replacement funds which the
19		township receives.
20		Any taxing district which receives an allocation based in
21		whole or in part upon personal property taxes which it levied
22		for another governmental body or school district in Cook
23		County in 1976 or for another governmental body or school
24		district in the remainder of the State in 1977 shall
25		immediately pay over to that governmental body or school
26		district the amount of personal property replacement funds

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1		which such governmental body or school district would receive
2		directly under the provisions of paragraph (2) of this
3		Section, had it levied its own taxes.
4		(1) The portion of the Personal Property Tax
5		Replacement Fund required to be distributed as of the time
6		allocation is required to be made shall be the amount
7		available in such Fund as of the time allocation is
8		required to be made.
9		The amount available for distribution shall be the
10		total amount in the fund at such time minus the necessary
11		administrative and other authorized expenses as limited by
12		the appropriation and the amount determined by: (a) $2.8
13		million for fiscal year 1981; (b) for fiscal year 1982,
14		.54% of the funds distributed from the fund during the
15		preceding fiscal year; (c) for fiscal year 1983 through
16		fiscal year 1988, .54% of the funds distributed from the
17		fund during the preceding fiscal year less .02% of such
18		fund for fiscal year 1983 and less .02% of such funds for
19		each fiscal year thereafter; (d) for fiscal year 1989
20		through fiscal year 2011 no more than 105% of the actual
21		administrative expenses of the prior fiscal year; (e) for
22		fiscal year 2012 and beyond, a sufficient amount to pay
23		(i) stipends, additional compensation, salary
24		reimbursements, and other amounts directed to be paid out
25		of this Fund for local officials as authorized or required
26		by statute and (ii) the ordinary and contingent expenses

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1		of the Property Tax Appeal Board and the expenses of the
2		Department of Revenue incurred in administering the
3		collection and distribution of moneys paid into the Fund;
4		(f) for fiscal years 2012 and 2013 only, a sufficient
5		amount to pay stipends, additional compensation, salary
6		reimbursements, and other amounts directed to be paid out
7		of this Fund for regional offices and officials as
8		authorized or required by statute; or (g) for fiscal years
9		2018 through 2023 2022 only, a sufficient amount to pay
10		amounts directed to be paid out of this Fund for public
11		community college base operating grants and local health
12		protection grants to certified local health departments as
13		authorized or required by appropriation or statute. Such
14		portion of the fund shall be determined after the transfer
15		into the General Revenue Fund due to refunds, if any, paid
16		from the General Revenue Fund during the preceding
17		quarter. If at any time, for any reason, there is
18		insufficient amount in the Personal Property Tax
19		Replacement Fund for payments for regional offices and
20		officials or local officials or payment of costs of
21		administration or for transfers due to refunds at the end
22		of any particular month, the amount of such insufficiency
23		shall be carried over for the purposes of payments for
24		regional offices and officials, local officials, transfers
25		into the General Revenue Fund, and costs of administration
26		to the following month or months. Net replacement revenue

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1		held, and defined above, shall be transferred by the
2		Treasurer and Comptroller to the Personal Property Tax
3		Replacement Fund within 10 days of such certification.
4		(2) Each quarterly allocation shall first be
5		apportioned in the following manner: 51.65% for taxing
6		districts in Cook County and 48.35% for taxing districts
7		in the remainder of the State.
8		The Personal Property Replacement Ratio of each taxing
9		district outside Cook County shall be the ratio which the Tax
10		Base of that taxing district bears to the Downstate Tax Base.
11		The Tax Base of each taxing district outside of Cook County is
12		the personal property tax collections for that taxing district
13		for the 1977 tax year. The Downstate Tax Base is the personal
14		property tax collections for all taxing districts in the State
15		outside of Cook County for the 1977 tax year. The Department of
16		Revenue shall have authority to review for accuracy and
17		completeness the personal property tax collections for each
18		taxing district outside Cook County for the 1977 tax year.
19		The Personal Property Replacement Ratio of each Cook
20		County taxing district shall be the ratio which the Tax Base of
21		that taxing district bears to the Cook County Tax Base. The Tax
22		Base of each Cook County taxing district is the personal
23		property tax collections for that taxing district for the 1976
24		tax year. The Cook County Tax Base is the personal property tax
25		collections for all taxing districts in Cook County for the
26		1976 tax year. The Department of Revenue shall have authority

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1		to review for accuracy and completeness the personal property
2		tax collections for each taxing district within Cook County
3		for the 1976 tax year.
4		For all purposes of this Section 12, amounts paid to a
5		taxing district for such tax years as may be applicable by a
6		foreign corporation under the provisions of Section 7-202 of
7		the Public Utilities Act, as amended, shall be deemed to be
8		personal property taxes collected by such taxing district for
9		such tax years as may be applicable. The Director shall
10		determine from the Illinois Commerce Commission, for any tax
11		year as may be applicable, the amounts so paid by any such
12		foreign corporation to any and all taxing districts. The
13		Illinois Commerce Commission shall furnish such information to
14		the Director. For all purposes of this Section 12, the
15		Director shall deem such amounts to be collected personal
16		property taxes of each such taxing district for the applicable
17		tax year or years.
18		Taxing districts located both in Cook County and in one or
19		more other counties shall receive both a Cook County
20		allocation and a Downstate allocation determined in the same
21		way as all other taxing districts.
22		If any taxing district in existence on July 1, 1979 ceases
23		to exist, or discontinues its operations, its Tax Base shall
24		thereafter be deemed to be zero. If the powers, duties and
25		obligations of the discontinued taxing district are assumed by
26		another taxing district, the Tax Base of the discontinued

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1		taxing district shall be added to the Tax Base of the taxing
2		district assuming such powers, duties and obligations.
3		If two or more taxing districts in existence on July 1,
4		1979, or a successor or successors thereto shall consolidate
5		into one taxing district, the Tax Base of such consolidated
6		taxing district shall be the sum of the Tax Bases of each of
7		the taxing districts which have consolidated.
8		If a single taxing district in existence on July 1, 1979,
9		or a successor or successors thereto shall be divided into two
10		or more separate taxing districts, the tax base of the taxing
11		district so divided shall be allocated to each of the
12		resulting taxing districts in proportion to the then current
13		equalized assessed value of each resulting taxing district.
14		If a portion of the territory of a taxing district is
15		disconnected and annexed to another taxing district of the
16		same type, the Tax Base of the taxing district from which
17		disconnection was made shall be reduced in proportion to the
18		then current equalized assessed value of the disconnected
19		territory as compared with the then current equalized assessed
20		value within the entire territory of the taxing district prior
21		to disconnection, and the amount of such reduction shall be
22		added to the Tax Base of the taxing district to which
23		annexation is made.
24		If a community college district is created after July 1,
25		1979, beginning on January 1, 1996 (the effective date of
26		Public Act 89-327), its Tax Base shall be 3.5% of the sum of

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1		the personal property tax collected for the 1977 tax year
2		within the territorial jurisdiction of the district.
3		The amounts allocated and paid to taxing districts
4		pursuant to the provisions of Public Act 81-1st Special
5		Session-1 shall be deemed to be substitute revenues for the
6		revenues derived from taxes imposed on personal property
7		pursuant to the provisions of the "Revenue Act of 1939" or "An
8		Act for the assessment and taxation of private car line
9		companies", approved July 22, 1943, as amended, or Section 414
10		of the Illinois Insurance Code, prior to the abolition of such
11		taxes and shall be used for the same purposes as the revenues
12		derived from ad valorem taxes on real estate.
13		Monies received by any taxing districts from the Personal
14		Property Tax Replacement Fund shall be first applied toward
15		payment of the proportionate amount of debt service which was
16		previously levied and collected from extensions against
17		personal property on bonds outstanding as of December 31, 1978
18		and next applied toward payment of the proportionate share of
19		the pension or retirement obligations of the taxing district
20		which were previously levied and collected from extensions
21		against personal property. For each such outstanding bond
22		issue, the County Clerk shall determine the percentage of the
23		debt service which was collected from extensions against real
24		estate in the taxing district for 1978 taxes payable in 1979,
25		as related to the total amount of such levies and collections
26		from extensions against both real and personal property. For

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1		1979 and subsequent years' taxes, the County Clerk shall levy
2		and extend taxes against the real estate of each taxing
3		district which will yield the said percentage or percentages
4		of the debt service on such outstanding bonds. The balance of
5		the amount necessary to fully pay such debt service shall
6		constitute a first and prior lien upon the monies received by
7		each such taxing district through the Personal Property Tax
8		Replacement Fund and shall be first applied or set aside for
9		such purpose. In counties having fewer than 3,000,000
10		inhabitants, the amendments to this paragraph as made by
11		Public Act 81-1255 shall be first applicable to 1980 taxes to
12		be collected in 1981.
13		(Source: P.A. 101-10, eff. 6-5-19; 101-636, eff. 6-10-20;
14		102-16, eff. 6-17-21.)
15		Section 5-47. The Agricultural Fair Act is amended by
16		changing Sections 5, 6, 10, and 13 as follows:
17		(30 ILCS 120/5) (from Ch. 85, par. 655)
18		Sec. 5. To qualify for disbursements made by the
19		Department from an appropriation made under provisions of this
20		Act, each county fair should notify the Department in writing
21		of its declaration of intent to participate by December 31 of
22		the year preceding the year in which such distribution shall
23		be made. The DeWitt County Fair shall qualify for
24		disbursements made by the Department from an appropriation

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1		made under the provisions of this Act in fiscal years 2022 and
2		2023, subject to appropriation, and provided the DeWitt County
3		Fair notifies the Department in writing of its declaration of
4		intent to participate within 30 days after the effective date
5		of this amendatory Act of the 102nd General Assembly. The
6		notification shall state the following: facts of its
7		organization, location, officers, dates of exhibitions and
8		approximate amount of premiums to be offered.
9		(Source: P.A. 91-934, eff. 6-1-01.)
10		(30 ILCS 120/6) (from Ch. 85, par. 656)
11		Sec. 6. After August 20, 1971, the General Assembly and
12		the Director shall approve the organization of new county
13		fairs that shall be established for the purpose of holding
14		annual fairs, provided that an element of such approval shall
15		be an appropriation in a separate bill authorizing such fairs'
16		participation in the disbursements provided for in this Act.
17		(Source: P.A. 81-159.)
18		(30 ILCS 120/10) (from Ch. 85, par. 660)
19		Sec. 10. (a) Effective with fiscal year 1987, each county
20		fair's authorized base shall be set at 66 2/3% of the approved
21		amount of premium paid in either fiscal year 1984 or 1985,
22		whichever year has the largest approved amount. The authorized
23		base of the Gallatin, Montgomery and Massac county fairs for
24		fiscal years 1987 and 1988 shall be $15,000 each. Subject to

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1		appropriation, the authorized base of the DeWitt County Fair
2		for fiscal years 2022 and 2023 shall be $20,000 each. If there
3		is a change in the appropriation, the Director shall allocate
4		to each fair the same percentages of that appropriation as it
5		received of the authorized bases for all fairs.
6		(b) The Department shall reimburse each eligible county
7		fair as follows:
8		100% of the first $2,000 of approved premiums awarded at
9		each eligible county fair;
10		85% of the next $2,000;
11		75% of the next $3,000;
12		65% of the next $3,000;
13		55% of the next $4,000; and
14		50% of the remaining premiums paid until the total
15		reimbursement equals the authorized base amount for each fair.
16		(c) If, after all approved state aid claims are paid for
17		the current year pursuant to subsection (b) of this Section,
18		any amount remains in the appropriations for state aid, that
19		remaining amount shall be distributed on a grant basis. If the
20		total amount of excess approved state aid claims over the
21		authorized base is equal to or less than the remaining amount
22		appropriated for state aid, then each participating fair shall
23		receive a grant equivalent to the excess of its approved claim
24		over its authorized base. If the total amount of excess
25		approved state aid claims exceeds the remaining monies
26		appropriated for state aid, the grants shall be distributed to

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1		the participating fairs in proportion to the total amounts of
2		their respective excess approved claims. If, after all
3		approved claims are paid, any amount remains, that amount
4		shall be distributed to all county fairs eligible under this
5		Section in proportion to their total state aid claims. Fairs
6		filing approved claims exceeding both their authorized base
7		and the grant provided for in this subsection shall
8		participate in the Growth Incentive Program set forth in
9		Section 10.1.
10		Grant monies received by a county fair shall be used only
11		for premiums, awards, judge's fees, and other expenses
12		incurred by the fair which are directly related to the
13		operation of the fair and approved by regulation of the
14		Department. Each fair shall file with the Department a fiscal
15		accounting of the expenditure of the grant monies received
16		under this subsection each year at the same time it files its
17		report under Section 12 in relation to the fair held in the
18		next succeeding year.
19		Effective with fiscal year 1989 and each odd numbered
20		fiscal year thereafter, the authorized base of all
21		participating county fairs shall be adjusted by applying 66
22		2/3% to the amount of approved premiums paid in the highest of
23		the previous 2 fiscal years.
24		(Source: P.A. 91-934, eff. 6-1-01.)
25		(30 ILCS 120/13) (from Ch. 85, par. 663)

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1		Sec. 13. Rehabilitation. Except as otherwise allowed by
2		the Director, to qualify for disbursements made by the
3		Department from an appropriation made under the provisions of
4		this Section, the land on which the fair is held must be owned
5		by the county fair board participating in this disbursement or
6		by a State, city, village, or county government body, or be
7		held under a lease that is at least 20 years in duration, the
8		terms of which require the lessee to have continuous
9		possession of the land during every day of the lease period. No
10		county fair shall qualify for disbursements made by the
11		Department from an appropriation made under the provisions of
12		this Section unless it shall have notified the Department in
13		writing of its intent to participate prior to obligating any
14		funds for which reimbursement will be requested. Each county
15		fair shall be reimbursed annually for that part of the amount
16		expended by the fair during the year for liability and
17		casualty insurance, as provided in this Section, and the
18		rehabilitation of its grounds, including major construction
19		projects and minor maintenance and repair projects; as
20		follows:
21		100% of the first $5,000 or any part thereof;
22		75% of the next $20,000 or any part thereof;
23		50% of the next $20,000 or any part thereof.
24		The lesser of either $20,000 or 50% of the amount received
25		by a county fair pursuant to this Section may be expended for
26		liability and casualty insurance.

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1		The maximum amount the DeWitt County Fair may be
2		reimbursed in each of fiscal years 2022 and 2023, subject to
3		appropriation, is $13,250.
4		If a county fair expends more than is needed in any year
5		for approved projects to maximize State reimbursement under
6		this Section and provides itemized receipts and other evidence
7		of expenditures for that year, any excess may be carried over
8		to the succeeding year. The amount carried over shall
9		constitute a claim for reimbursement for a subsequent period
10		not to exceed 7 years as long as funds are available.
11		Before June 30 of each year, the president and secretary
12		of each county fair which has participated in this program
13		shall file with the Department a sworn statement of the amount
14		expended during the period July 1 to June 30 of the State's
15		fiscal year, accompanied by itemized receipted bills and other
16		evidence of expenditures. If the Department approves the
17		claim, the State Comptroller is authorized and directed to
18		draw a warrant payable from the Agricultural Premium Fund on
19		the State Treasurer for the amount of the rehabilitation
20		claims.
21		If after all claims are paid, there remains any amount of
22		the appropriation for rehabilitation, the remaining amount
23		shall be distributed as a grant to the participating fairs
24		qualifying for the maximum reimbursement and shall be
25		distributed to the eligible fairs on an equal basis not to
26		exceed each eligible fair's pro rata share granted in this

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1		paragraph. A sworn statement of the amount expended
2		accompanied by the itemized receipted bills as evidence of
3		expenditure must be filed with the Department by June 30 of
4		each year.
5		(Source: P.A. 94-261, eff. 1-1-06.)
6		Section 5-48. The General Obligation Bond Act is amended
7		by changing Section 15 as follows:
8		(30 ILCS 330/15) (from Ch. 127, par. 665)
9		Sec. 15. Computation of principal and interest; transfers.
10		(a) Upon each delivery of Bonds authorized to be issued
11		under this Act, the Comptroller shall compute and certify to
12		the Treasurer the total amount of principal of, interest on,
13		and premium, if any, on Bonds issued that will be payable in
14		order to retire such Bonds, the amount of principal of,
15		interest on and premium, if any, on such Bonds that will be
16		payable on each payment date according to the tenor of such
17		Bonds during the then current and each succeeding fiscal year,
18		and the amount of sinking fund payments needed to be deposited
19		in connection with Qualified School Construction Bonds
20		authorized by subsection (e) of Section 9. With respect to the
21		interest payable on variable rate bonds, such certifications
22		shall be calculated at the maximum rate of interest that may be
23		payable during the fiscal year, after taking into account any
24		credits permitted in the related indenture or other instrument

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1		against the amount of such interest required to be
2		appropriated for such period pursuant to subsection (c) of
3		Section 14 of this Act. With respect to the interest payable,
4		such certifications shall include the amounts certified by the
5		Director of the Governor's Office of Management and Budget
6		under subsection (b) of Section 9 of this Act.
7		On or before the last day of each month the State Treasurer
8		and Comptroller shall transfer from (1) the Road Fund with
9		respect to Bonds issued under paragraphs (a) and (e) of
10		Section 4 of this Act, or Bonds issued under authorization in
11		Public Act 98-781, or Bonds issued for the purpose of
12		refunding such bonds, and from (2) the General Revenue Fund,
13		with respect to all other Bonds issued under this Act, to the
14		General Obligation Bond Retirement and Interest Fund an amount
15		sufficient to pay the aggregate of the principal of, interest
16		on, and premium, if any, on Bonds payable, by their terms on
17		the next payment date divided by the number of full calendar
18		months between the date of such Bonds and the first such
19		payment date, and thereafter, divided by the number of months
20		between each succeeding payment date after the first. Such
21		computations and transfers shall be made for each series of
22		Bonds issued and delivered. Interest payable on variable rate
23		bonds shall be calculated at the maximum rate of interest that
24		may be payable for the relevant period, after taking into
25		account any credits permitted in the related indenture or
26		other instrument against the amount of such interest required

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1		to be appropriated for such period pursuant to subsection (c)
2		of Section 14 of this Act. Computations of interest shall
3		include the amounts certified by the Director of the
4		Governor's Office of Management and Budget under subsection
5		(b) of Section 9 of this Act. Interest for which moneys have
6		already been deposited into the capitalized interest account
7		within the General Obligation Bond Retirement and Interest
8		Fund shall not be included in the calculation of the amounts to
9		be transferred under this subsection. Notwithstanding any
10		other provision in this Section, the transfer provisions
11		provided in this paragraph shall not apply to transfers made
12		in fiscal year 2010 or fiscal year 2011 with respect to Bonds
13		issued in fiscal year 2010 or fiscal year 2011 pursuant to
14		Section 7.2 of this Act. In the case of transfers made in
15		fiscal year 2010 or fiscal year 2011 with respect to the Bonds
16		issued in fiscal year 2010 or fiscal year 2011 pursuant to
17		Section 7.2 of this Act, on or before the 15th day of the month
18		prior to the required debt service payment, the State
19		Treasurer and Comptroller shall transfer from the General
20		Revenue Fund to the General Obligation Bond Retirement and
21		Interest Fund an amount sufficient to pay the aggregate of the
22		principal of, interest on, and premium, if any, on the Bonds
23		payable in that next month.
24		The transfer of monies herein and above directed is not
25		required if monies in the General Obligation Bond Retirement
26		and Interest Fund are more than the amount otherwise to be

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1		transferred as herein above provided, and if the Governor or
2		his authorized representative notifies the State Treasurer and
3		Comptroller of such fact in writing.
4		(b) After the effective date of this Act, the balance of,
5		and monies directed to be included in the Capital Development
6		Bond Retirement and Interest Fund, Anti-Pollution Bond
7		Retirement and Interest Fund, Transportation Bond, Series A
8		Retirement and Interest Fund, Transportation Bond, Series B
9		Retirement and Interest Fund, and Coal Development Bond
10		Retirement and Interest Fund shall be transferred to and
11		deposited in the General Obligation Bond Retirement and
12		Interest Fund. This Fund shall be used to make debt service
13		payments on the State's general obligation Bonds heretofore
14		issued which are now outstanding and payable from the Funds
15		herein listed as well as on Bonds issued under this Act.
16		(c) The unused portion of federal funds received for or as
17		reimbursement for a capital facilities project, as authorized
18		by Section 3 of this Act, for which monies from the Capital
19		Development Fund have been expended shall remain in the
20		Capital Development Board Contributory Trust Fund and shall be
21		used for capital projects and for no other purpose, subject to
22		appropriation and as directed by the Capital Development
23		Board. Any federal funds received as reimbursement for the
24		completed construction of a capital facilities project, as
25		authorized by Section 3 of this Act, for which monies from the
26		Capital Development Fund have been expended may be used for

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1		any expense or project necessary for implementation of the
2		Quincy Veterans' Home Rehabilitation and Rebuilding Act for a
3		period of 5 years from July 17, 2018 (the effective date of
4		Public Act 100-610) this amendatory Act of the 100th General
5		Assembly, and any remaining funds shall be deposited in the
6		General Obligation Bond Retirement and Interest Fund.
7		(Source: P.A. 100-23, eff. 7-6-17; 100-610, eff. 7-17-18;
8		101-30, eff. 6-28-19.)
9		Section 5-49. The Capital Development Bond Act of 1972 is
10		amended by changing Section 9a as follows:
11		(30 ILCS 420/9a) (from Ch. 127, par. 759a)
12		Sec. 9a. The unused portion of federal funds received for
13		or as reimbursement for a capital improvement project for
14		which moneys from the Capital Development Fund have been
15		expended shall remain in the Capital Development Board
16		Contributory Trust Fund and shall be used for capital projects
17		and for no other purpose, subject to appropriation and as
18		directed by the Capital Development Board. Any federal funds
19		received as reimbursement for the completed construction of a
20		capital improvement project for which moneys from the Capital
21		Development Fund have been expended may be used for any
22		expense or project necessary for implementation of the Quincy
23		Veterans' Home Rehabilitation and Rebuilding Act for a period
24		of 5 years from July 17, 2018 (the effective date of Public Act

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1		100-610) this amendatory Act of the 100th General Assembly,
2		and any remaining funds shall be deposited in the Capital
3		Development Bond Retirement and Interest Fund.
4		(Source: P.A. 100-610, eff. 7-17-18.)
5		Section 5-55. The Illinois Grant Funds Recovery Act is
6		amended by adding Section 5.1 as follows:
7		(30 ILCS 705/5.1 new)
8		Sec. 5.1. Restoration of grant award.
9		(a) A grantee who received an award pursuant to the Open
10		Space Lands Acquisition and Development Act who was unable to
11		complete the project within the 2 years required by Section 5
12		due to the COVID-19 public health emergency, and whose grant
13		agreement expired between January 1, 2021 and July 29, 2021,
14		shall be eligible for an award under the same terms as the
15		expired grant agreement, subject to the availability of
16		appropriated moneys in the fund from which the original
17		disbursement to the grantee was made. The grantee must
18		demonstrate prior compliance with the terms and conditions of
19		the expired award to be eligible for funding under this
20		Section.
21		(b) Any grant funds not expended or legally obligated by
22		the expiration of the newly executed agreement must be
23		returned to the grantor agency within 45 days, if the funds are
24		not already on deposit with the grantor agency or the State

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1		Treasurer. Such returned funds shall be deposited into the
2		fund from which the original grant disbursement to the grantee
3		was made.
4		(c) This Section is repealed on July 31, 2024.
5		Section 5-57. The Charitable Trust Stabilization Act is
6		amended by changing Section 5 as follows:
7		(30 ILCS 790/5)
8		Sec. 5. The Charitable Trust Stabilization Fund.
9		(a) The Charitable Trust Stabilization Fund is created as
10		a special fund in the State treasury. From appropriations from
11		the Fund, upon recommendation from the Charitable Trust
12		Stabilization Committee, the State Treasurer may make grants
13		to public and private entities in the State for the purposes
14		set forth under subsection (b). Special attention shall be
15		given to public and private entities with operating budgets of
16		less than $1,000,000 that are located within a depressed area,
17		as defined under Section 3 of the Illinois Enterprise Zone
18		Act, and preferences for recommending grants to the State
19		Treasurer may be given to these entities by the Committee.
20		Moneys received for the purposes of this Section, including,
21		without limitation, fees collected under subsection (m) of
22		Section 115.10 of the General Not For Profit Corporation Act
23		of 1986 and appropriations, gifts, grants, and awards from any
24		public or private entity, must be deposited into the Fund. Any

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1		interest earnings that are attributable to moneys in the Fund
2		must be deposited into the Fund.
3		(b) Moneys in the Fund may be used only for the following
4		purposes:
5		(1) (blank);
6		(2) (blank);
7		(1) (3) grants for the start-up or operational
8		purposes of participating organizations; and
9		(2) (4) the administration of the Fund and this Act.
10		(c) Moneys deposited into in the Fund must be allocated as
11		follows:
12		(1) 20% of the amount deposited into the Fund in the
13		fiscal year must be set aside for the operating budget of
14		the Fund for the next fiscal year, but the operating
15		budget of the Fund may not exceed $4,000,000 in any fiscal
16		year;
17		(1) 80% (2) 50% must be available for the purposes set
18		forth under subsection (b); and
19		(2) 20% (3) 30% must be invested for the purpose of
20		earning interest or other investment income.
21		(d) As soon as practical after the effective date of this
22		Act, the State Treasurer must transfer the amount of
23		$1,000,000 from the General Revenue Fund to the Charitable
24		Trust Stabilization Fund. On the June 30 that occurs in the
25		third year after the transfer to the Charitable Trust
26		Stabilization Fund, the Treasurer must transfer the amount of

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1		$1,000,000 from the Charitable Trust Stabilization Fund to the
2		General Revenue Fund. If, on that date, less than $1,000,000
3		is available for transfer, then the Treasurer must transfer
4		the remaining balance of the Charitable Trust Stabilization
5		Fund to the General Revenue Fund, and on each June 30
6		thereafter must transfer any balance in the Charitable Trust
7		Stabilization Fund to the General Revenue Fund until the
8		aggregate amount of $1,000,000 has been transferred.
9		(Source: P.A. 97-274, eff. 8-8-11.)
10		Section 5-60. The Illinois Income Tax Act is amended by
11		changing Sections 224 and 901 as follows:
12		(35 ILCS 5/224)
13		Sec. 224. Invest in Kids credit.
14		(a) For taxable years beginning on or after January 1,
15		2018 and ending before January 1, 2024 2023, each taxpayer for
16		whom a tax credit has been awarded by the Department under the
17		Invest in Kids Act is entitled to a credit against the tax
18		imposed under subsections (a) and (b) of Section 201 of this
19		Act in an amount equal to the amount awarded under the Invest
20		in Kids Act.
21		(b) For partners, shareholders of subchapter S
22		corporations, and owners of limited liability companies, if
23		the liability company is treated as a partnership for purposes
24		of federal and State income taxation, the credit under this

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1		Section shall be determined in accordance with the
2		determination of income and distributive share of income under
3		Sections 702 and 704 and subchapter S of the Internal Revenue
4		Code.
5		(c) The credit may not be carried back and may not reduce
6		the taxpayer's liability to less than zero. If the amount of
7		the credit exceeds the tax liability for the year, the excess
8		may be carried forward and applied to the tax liability of the
9		5 taxable years following the excess credit year. The tax
10		credit shall be applied to the earliest year for which there is
11		a tax liability. If there are credits for more than one year
12		that are available to offset the liability, the earlier credit
13		shall be applied first.
14		(d) A tax credit awarded by the Department under the
15		Invest in Kids Act may not be claimed for any qualified
16		contribution for which the taxpayer claims a federal income
17		tax deduction.
18		(Source: P.A. 100-465, eff. 8-31-17.)
19		(35 ILCS 5/901)
20		Sec. 901. Collection authority.
21		(a) In general. The Department shall collect the taxes
22		imposed by this Act. The Department shall collect certified
23		past due child support amounts under Section 2505-650 of the
24		Department of Revenue Law of the Civil Administrative Code of
25		Illinois. Except as provided in subsections (b), (c), (e),

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1		(f), (g), and (h) of this Section, money collected pursuant to
2		subsections (a) and (b) of Section 201 of this Act shall be
3		paid into the General Revenue Fund in the State treasury;
4		money collected pursuant to subsections (c) and (d) of Section
5		201 of this Act shall be paid into the Personal Property Tax
6		Replacement Fund, a special fund in the State Treasury; and
7		money collected under Section 2505-650 of the Department of
8		Revenue Law of the Civil Administrative Code of Illinois shall
9		be paid into the Child Support Enforcement Trust Fund, a
10		special fund outside the State Treasury, or to the State
11		Disbursement Unit established under Section 10-26 of the
12		Illinois Public Aid Code, as directed by the Department of
13		Healthcare and Family Services.
14		(b) Local Government Distributive Fund. Beginning August
15		1, 2017 and continuing through July 31, 2022, the Treasurer
16		shall transfer each month from the General Revenue Fund to the
17		Local Government Distributive Fund an amount equal to the sum
18		of: (i) 6.06% (10% of the ratio of the 3% individual income tax
19		rate prior to 2011 to the 4.95% individual income tax rate
20		after July 1, 2017) of the net revenue realized from the tax
21		imposed by subsections (a) and (b) of Section 201 of this Act
22		upon individuals, trusts, and estates during the preceding
23		month; (ii) 6.85% (10% of the ratio of the 4.8% corporate
24		income tax rate prior to 2011 to the 7% corporate income tax
25		rate after July 1, 2017) of the net revenue realized from the
26		tax imposed by subsections (a) and (b) of Section 201 of this

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1		Act upon corporations during the preceding month; and (iii)
2		beginning February 1, 2022, 6.06% of the net revenue realized
3		from the tax imposed by subsection (p) of Section 201 of this
4		Act upon electing pass-through entities. Beginning August 1,
5		2022, the Treasurer shall transfer each month from the General
6		Revenue Fund to the Local Government Distributive Fund an
7		amount equal to the sum of: (i) 6.16% of the net revenue
8		realized from the tax imposed by subsections (a) and (b) of
9		Section 201 of this Act upon individuals, trusts, and estates
10		during the preceding month; (ii) 6.85% of the net revenue
11		realized from the tax imposed by subsections (a) and (b) of
12		Section 201 of this Act upon corporations during the preceding
13		month; and (iii) 6.16% of the net revenue realized from the tax
14		imposed by subsection (p) of Section 201 of this Act upon
15		electing pass-through entities. Net revenue realized for a
16		month shall be defined as the revenue from the tax imposed by
17		subsections (a) and (b) of Section 201 of this Act which is
18		deposited in the General Revenue Fund, the Education
19		Assistance Fund, the Income Tax Surcharge Local Government
20		Distributive Fund, the Fund for the Advancement of Education,
21		and the Commitment to Human Services Fund during the month
22		minus the amount paid out of the General Revenue Fund in State
23		warrants during that same month as refunds to taxpayers for
24		overpayment of liability under the tax imposed by subsections
25		(a) and (b) of Section 201 of this Act.
26		Notwithstanding any provision of law to the contrary,

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1		beginning on July 6, 2017 (the effective date of Public Act
2		100-23), those amounts required under this subsection (b) to
3		be transferred by the Treasurer into the Local Government
4		Distributive Fund from the General Revenue Fund shall be
5		directly deposited into the Local Government Distributive Fund
6		as the revenue is realized from the tax imposed by subsections
7		(a) and (b) of Section 201 of this Act.
8		(c) Deposits Into Income Tax Refund Fund.
9		(1) Beginning on January 1, 1989 and thereafter, the
10		Department shall deposit a percentage of the amounts
11		collected pursuant to subsections (a) and (b)(1), (2), and
12		(3) of Section 201 of this Act into a fund in the State
13		treasury known as the Income Tax Refund Fund. Beginning
14		with State fiscal year 1990 and for each fiscal year
15		thereafter, the percentage deposited into the Income Tax
16		Refund Fund during a fiscal year shall be the Annual
17		Percentage. For fiscal year 2011, the Annual Percentage
18		shall be 8.75%. For fiscal year 2012, the Annual
19		Percentage shall be 8.75%. For fiscal year 2013, the
20		Annual Percentage shall be 9.75%. For fiscal year 2014,
21		the Annual Percentage shall be 9.5%. For fiscal year 2015,
22		the Annual Percentage shall be 10%. For fiscal year 2018,
23		the Annual Percentage shall be 9.8%. For fiscal year 2019,
24		the Annual Percentage shall be 9.7%. For fiscal year 2020,
25		the Annual Percentage shall be 9.5%. For fiscal year 2021,
26		the Annual Percentage shall be 9%. For fiscal year 2022,

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1		the Annual Percentage shall be 9.25%. For fiscal year
2		2023, the Annual Percentage shall be 9.25%. For all other
3		fiscal years, the Annual Percentage shall be calculated as
4		a fraction, the numerator of which shall be the amount of
5		refunds approved for payment by the Department during the
6		preceding fiscal year as a result of overpayment of tax
7		liability under subsections (a) and (b)(1), (2), and (3)
8		of Section 201 of this Act plus the amount of such refunds
9		remaining approved but unpaid at the end of the preceding
10		fiscal year, minus the amounts transferred into the Income
11		Tax Refund Fund from the Tobacco Settlement Recovery Fund,
12		and the denominator of which shall be the amounts which
13		will be collected pursuant to subsections (a) and (b)(1),
14		(2), and (3) of Section 201 of this Act during the
15		preceding fiscal year; except that in State fiscal year
16		2002, the Annual Percentage shall in no event exceed 7.6%.
17		The Director of Revenue shall certify the Annual
18		Percentage to the Comptroller on the last business day of
19		the fiscal year immediately preceding the fiscal year for
20		which it is to be effective.
21		(2) Beginning on January 1, 1989 and thereafter, the
22		Department shall deposit a percentage of the amounts
23		collected pursuant to subsections (a) and (b)(6), (7), and
24		(8), (c) and (d) of Section 201 of this Act into a fund in
25		the State treasury known as the Income Tax Refund Fund.
26		Beginning with State fiscal year 1990 and for each fiscal

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1		year thereafter, the percentage deposited into the Income
2		Tax Refund Fund during a fiscal year shall be the Annual
3		Percentage. For fiscal year 2011, the Annual Percentage
4		shall be 17.5%. For fiscal year 2012, the Annual
5		Percentage shall be 17.5%. For fiscal year 2013, the
6		Annual Percentage shall be 14%. For fiscal year 2014, the
7		Annual Percentage shall be 13.4%. For fiscal year 2015,
8		the Annual Percentage shall be 14%. For fiscal year 2018,
9		the Annual Percentage shall be 17.5%. For fiscal year
10		2019, the Annual Percentage shall be 15.5%. For fiscal
11		year 2020, the Annual Percentage shall be 14.25%. For
12		fiscal year 2021, the Annual Percentage shall be 14%. For
13		fiscal year 2022, the Annual Percentage shall be 15%. For
14		fiscal year 2023, the Annual Percentage shall be 14.5%.
15		For all other fiscal years, the Annual Percentage shall be
16		calculated as a fraction, the numerator of which shall be
17		the amount of refunds approved for payment by the
18		Department during the preceding fiscal year as a result of
19		overpayment of tax liability under subsections (a) and
20		(b)(6), (7), and (8), (c) and (d) of Section 201 of this
21		Act plus the amount of such refunds remaining approved but
22		unpaid at the end of the preceding fiscal year, and the
23		denominator of which shall be the amounts which will be
24		collected pursuant to subsections (a) and (b)(6), (7), and
25		(8), (c) and (d) of Section 201 of this Act during the
26		preceding fiscal year; except that in State fiscal year

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1		2002, the Annual Percentage shall in no event exceed 23%.
2		The Director of Revenue shall certify the Annual
3		Percentage to the Comptroller on the last business day of
4		the fiscal year immediately preceding the fiscal year for
5		which it is to be effective.
6		(3) The Comptroller shall order transferred and the
7		Treasurer shall transfer from the Tobacco Settlement
8		Recovery Fund to the Income Tax Refund Fund (i)
9		$35,000,000 in January, 2001, (ii) $35,000,000 in January,
10		2002, and (iii) $35,000,000 in January, 2003.
11		(d) Expenditures from Income Tax Refund Fund.
12		(1) Beginning January 1, 1989, money in the Income Tax
13		Refund Fund shall be expended exclusively for the purpose
14		of paying refunds resulting from overpayment of tax
15		liability under Section 201 of this Act and for making
16		transfers pursuant to this subsection (d).
17		(2) The Director shall order payment of refunds
18		resulting from overpayment of tax liability under Section
19		201 of this Act from the Income Tax Refund Fund only to the
20		extent that amounts collected pursuant to Section 201 of
21		this Act and transfers pursuant to this subsection (d) and
22		item (3) of subsection (c) have been deposited and
23		retained in the Fund.
24		(3) As soon as possible after the end of each fiscal
25		year, the Director shall order transferred and the State
26		Treasurer and State Comptroller shall transfer from the

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1		Income Tax Refund Fund to the Personal Property Tax
2		Replacement Fund an amount, certified by the Director to
3		the Comptroller, equal to the excess of the amount
4		collected pursuant to subsections (c) and (d) of Section
5		201 of this Act deposited into the Income Tax Refund Fund
6		during the fiscal year over the amount of refunds
7		resulting from overpayment of tax liability under
8		subsections (c) and (d) of Section 201 of this Act paid
9		from the Income Tax Refund Fund during the fiscal year.
10		(4) As soon as possible after the end of each fiscal
11		year, the Director shall order transferred and the State
12		Treasurer and State Comptroller shall transfer from the
13		Personal Property Tax Replacement Fund to the Income Tax
14		Refund Fund an amount, certified by the Director to the
15		Comptroller, equal to the excess of the amount of refunds
16		resulting from overpayment of tax liability under
17		subsections (c) and (d) of Section 201 of this Act paid
18		from the Income Tax Refund Fund during the fiscal year
19		over the amount collected pursuant to subsections (c) and
20		(d) of Section 201 of this Act deposited into the Income
21		Tax Refund Fund during the fiscal year.
22		(4.5) As soon as possible after the end of fiscal year
23		1999 and of each fiscal year thereafter, the Director
24		shall order transferred and the State Treasurer and State
25		Comptroller shall transfer from the Income Tax Refund Fund
26		to the General Revenue Fund any surplus remaining in the

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1		Income Tax Refund Fund as of the end of such fiscal year;
2		excluding for fiscal years 2000, 2001, and 2002 amounts
3		attributable to transfers under item (3) of subsection (c)
4		less refunds resulting from the earned income tax credit.
5		(5) This Act shall constitute an irrevocable and
6		continuing appropriation from the Income Tax Refund Fund
7		for the purpose of paying refunds upon the order of the
8		Director in accordance with the provisions of this
9		Section.
10		(e) Deposits into the Education Assistance Fund and the
11		Income Tax Surcharge Local Government Distributive Fund. On
12		July 1, 1991, and thereafter, of the amounts collected
13		pursuant to subsections (a) and (b) of Section 201 of this Act,
14		minus deposits into the Income Tax Refund Fund, the Department
15		shall deposit 7.3% into the Education Assistance Fund in the
16		State Treasury. Beginning July 1, 1991, and continuing through
17		January 31, 1993, of the amounts collected pursuant to
18		subsections (a) and (b) of Section 201 of the Illinois Income
19		Tax Act, minus deposits into the Income Tax Refund Fund, the
20		Department shall deposit 3.0% into the Income Tax Surcharge
21		Local Government Distributive Fund in the State Treasury.
22		Beginning February 1, 1993 and continuing through June 30,
23		1993, of the amounts collected pursuant to subsections (a) and
24		(b) of Section 201 of the Illinois Income Tax Act, minus
25		deposits into the Income Tax Refund Fund, the Department shall
26		deposit 4.4% into the Income Tax Surcharge Local Government

HB4700 Enrolled - 208 - LRB102 24222 KTG 33451 b
1		Distributive Fund in the State Treasury. Beginning July 1,
2		1993, and continuing through June 30, 1994, of the amounts
3		collected under subsections (a) and (b) of Section 201 of this
4		Act, minus deposits into the Income Tax Refund Fund, the
5		Department shall deposit 1.475% into the Income Tax Surcharge
6		Local Government Distributive Fund in the State Treasury.
7		(f) Deposits into the Fund for the Advancement of
8		Education. Beginning February 1, 2015, the Department shall
9		deposit the following portions of the revenue realized from
10		the tax imposed upon individuals, trusts, and estates by
11		subsections (a) and (b) of Section 201 of this Act, minus
12		deposits into the Income Tax Refund Fund, into the Fund for the
13		Advancement of Education:
14		(1) beginning February 1, 2015, and prior to February
15		1, 2025, 1/30; and
16		(2) beginning February 1, 2025, 1/26.
17		If the rate of tax imposed by subsection (a) and (b) of
18		Section 201 is reduced pursuant to Section 201.5 of this Act,
19		the Department shall not make the deposits required by this
20		subsection (f) on or after the effective date of the
21		reduction.
22		(g) Deposits into the Commitment to Human Services Fund.
23		Beginning February 1, 2015, the Department shall deposit the
24		following portions of the revenue realized from the tax
25		imposed upon individuals, trusts, and estates by subsections
26		(a) and (b) of Section 201 of this Act, minus deposits into the

HB4700 Enrolled - 209 - LRB102 24222 KTG 33451 b
1		Income Tax Refund Fund, into the Commitment to Human Services
2		Fund:
3		(1) beginning February 1, 2015, and prior to February
4		1, 2025, 1/30; and
5		(2) beginning February 1, 2025, 1/26.
6		If the rate of tax imposed by subsection (a) and (b) of
7		Section 201 is reduced pursuant to Section 201.5 of this Act,
8		the Department shall not make the deposits required by this
9		subsection (g) on or after the effective date of the
10		reduction.
11		(h) Deposits into the Tax Compliance and Administration
12		Fund. Beginning on the first day of the first calendar month to
13		occur on or after August 26, 2014 (the effective date of Public
14		Act 98-1098), each month the Department shall pay into the Tax
15		Compliance and Administration Fund, to be used, subject to
16		appropriation, to fund additional auditors and compliance
17		personnel at the Department, an amount equal to 1/12 of 5% of
18		the cash receipts collected during the preceding fiscal year
19		by the Audit Bureau of the Department from the tax imposed by
20		subsections (a), (b), (c), and (d) of Section 201 of this Act,
21		net of deposits into the Income Tax Refund Fund made from those
22		cash receipts.
23		(Source: P.A. 101-8, see Section 99 for effective date;
24		101-10, eff. 6-5-19; 101-81, eff. 7-12-19; 101-636, eff.
25		6-10-20; 102-16, eff. 6-17-21; 102-558, eff. 8-20-21; 102-658,
26		eff. 8-27-21; revised 10-19-21.)

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1		Section 5-62. The Invest in Kids Act is amended by
2		changing Section 40 as follows:
3		(35 ILCS 40/40)
4		(Section scheduled to be repealed on January 1, 2025)
5		Sec. 40. Scholarship granting organization
6		responsibilities.
7		(a) Before granting a scholarship for an academic year,
8		all scholarship granting organizations shall assess and
9		document each student's eligibility for the academic year.
10		(b) A scholarship granting organization shall grant
11		scholarships only to eligible students.
12		(c) A scholarship granting organization shall allow an
13		eligible student to attend any qualified school of the
14		student's choosing, subject to the availability of funds.
15		(d) In granting scholarships, a scholarship granting
16		organization shall give priority to the following priority
17		groups:
18		(1) eligible students who received a scholarship from
19		a scholarship granting organization during the previous
20		school year;
21		(2) eligible students who are members of a household
22		whose previous year's total annual income does not exceed
23		185% of the federal poverty level;
24		(3) eligible students who reside within a focus

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1		district; and
2		(4) eligible students who are siblings of students
3		currently receiving a scholarship.
4		(d-5) A scholarship granting organization shall begin
5		granting scholarships no later than February 1 preceding the
6		school year for which the scholarship is sought. The priority
7		groups identified in subsection (d) of this Section shall be
8		eligible to receive scholarships on a first-come, first-served
9		basis until the April 1 immediately preceding the school year
10		for which the scholarship is sought. Applications for
11		scholarships for eligible students meeting the qualifications
12		of one or more priority groups that are received before April 1
13		must be either approved or denied within 10 business days
14		after receipt. Beginning April 1, all eligible students shall
15		be eligible to receive scholarships without regard to the
16		priority groups identified in subsection (d) of this Section.
17		(e) Except as provided in subsection (e-5) of this
18		Section, scholarships shall not exceed the lesser of (i) the
19		statewide average operational expense per student among public
20		schools or (ii) the necessary costs and fees for attendance at
21		the qualified school. Scholarships shall be prorated as
22		follows:
23		(1) for eligible students whose household income is
24		less than 185% of the federal poverty level, the
25		scholarship shall be 100% of the amount determined
26		pursuant to this subsection (e) and subsection (e-5) of

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1		this Section;
2		(2) for eligible students whose household income is
3		185% or more of the federal poverty level but less than
4		250% of the federal poverty level, the average of
5		scholarships shall be 75% of the amount determined
6		pursuant to this subsection (e) and subsection (e-5) of
7		this Section; and
8		(3) for eligible students whose household income is
9		250% or more of the federal poverty level, the average of
10		scholarships shall be 50% of the amount determined
11		pursuant to this subsection (e) and subsection (e-5) of
12		this Section.
13		(e-5) The statewide average operational expense per
14		student among public schools shall be multiplied by the
15		following factors:
16		(1) for students determined eligible to receive
17		services under the federal Individuals with Disabilities
18		Education Act, 2;
19		(2) for students who are English learners, as defined
20		in subsection (d) of Section 14C-2 of the School Code,
21		1.2; and
22		(3) for students who are gifted and talented children,
23		as defined in Section 14A-20 of the School Code, 1.1.
24		(f) A scholarship granting organization shall distribute
25		scholarship payments to the participating school where the
26		student is enrolled.

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1		(g) For the 2018-2019 school year through the 2022-2023
2		2021-2022 school year, each scholarship granting organization
3		shall expend no less than 75% of the qualified contributions
4		received during the calendar year in which the qualified
5		contributions were received. No more than 25% of the qualified
6		contributions may be carried forward to the following calendar
7		year.
8		(h) For the 2023-2024 2022-2023 school year, each
9		scholarship granting organization shall expend all qualified
10		contributions received during the calendar year in which the
11		qualified contributions were received. No qualified
12		contributions may be carried forward to the following calendar
13		year.
14		(i) A scholarship granting organization shall allow an
15		eligible student to transfer a scholarship during a school
16		year to any other participating school of the custodian's
17		choice. Such scholarships shall be prorated.
18		(j) With the prior approval of the Department, a
19		scholarship granting organization may transfer funds to
20		another scholarship granting organization if additional funds
21		are required to meet scholarship demands at the receiving
22		scholarship granting organization. All transferred funds must
23		be deposited by the receiving scholarship granting
24		organization into its scholarship accounts. All transferred
25		amounts received by any scholarship granting organization must
26		be separately disclosed to the Department.

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1		(k) If the approval of a scholarship granting organization
2		is revoked as provided in Section 20 of this Act or the
3		scholarship granting organization is dissolved, all remaining
4		qualified contributions of the scholarship granting
5		organization shall be transferred to another scholarship
6		granting organization. All transferred funds must be deposited
7		by the receiving scholarship granting organization into its
8		scholarship accounts.
9		(l) Scholarship granting organizations shall make
10		reasonable efforts to advertise the availability of
11		scholarships to eligible students.
12		(Source: P.A. 100-465, eff. 8-31-17.)
13		Section 5-65. The Motor Fuel Tax Law is amended by
14		changing Section 8 as follows:
15		(35 ILCS 505/8) (from Ch. 120, par. 424)
16		Sec. 8. Except as provided in subsection (a-1) of this
17		Section, Section 8a, subdivision (h)(1) of Section 12a,
18		Section 13a.6, and items 13, 14, 15, and 16 of Section 15, all
19		money received by the Department under this Act, including
20		payments made to the Department by member jurisdictions
21		participating in the International Fuel Tax Agreement, shall
22		be deposited in a special fund in the State treasury, to be
23		known as the "Motor Fuel Tax Fund", and shall be used as
24		follows:

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1		(a) 2 1/2 cents per gallon of the tax collected on special
2		fuel under paragraph (b) of Section 2 and Section 13a of this
3		Act shall be transferred to the State Construction Account
4		Fund in the State Treasury; the remainder of the tax collected
5		on special fuel under paragraph (b) of Section 2 and Section
6		13a of this Act shall be deposited into the Road Fund;
7		(a-1) Beginning on July 1, 2019, an amount equal to the
8		amount of tax collected under subsection (a) of Section 2 as a
9		result of the increase in the tax rate under Public Act 101-32
10		shall be transferred each month into the Transportation
11		Renewal Fund;
12		(b) $420,000 shall be transferred each month to the State
13		Boating Act Fund to be used by the Department of Natural
14		Resources for the purposes specified in Article X of the Boat
15		Registration and Safety Act;
16		(c) $3,500,000 shall be transferred each month to the
17		Grade Crossing Protection Fund to be used as follows: not less
18		than $12,000,000 each fiscal year shall be used for the
19		construction or reconstruction of rail highway grade
20		separation structures; $5,500,000 in fiscal year 2022
21		$2,250,000 in fiscal years 2004 through 2009 and $3,000,000 in
22		fiscal year 2010 and each fiscal year thereafter shall be
23		transferred to the Transportation Regulatory Fund and shall be
24		accounted for as part of the rail carrier portion of such funds
25		and shall be used to pay the cost of administration of the
26		Illinois Commerce Commission's railroad safety program in

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1		connection with its duties under subsection (3) of Section
2		18c-7401 of the Illinois Vehicle Code, with the remainder to
3		be used by the Department of Transportation upon order of the
4		Illinois Commerce Commission, to pay that part of the cost
5		apportioned by such Commission to the State to cover the
6		interest of the public in the use of highways, roads, streets,
7		or pedestrian walkways in the county highway system, township
8		and district road system, or municipal street system as
9		defined in the Illinois Highway Code, as the same may from time
10		to time be amended, for separation of grades, for
11		installation, construction or reconstruction of crossing
12		protection or reconstruction, alteration, relocation including
13		construction or improvement of any existing highway necessary
14		for access to property or improvement of any grade crossing
15		and grade crossing surface including the necessary highway
16		approaches thereto of any railroad across the highway or
17		public road, or for the installation, construction,
18		reconstruction, or maintenance of safety treatments to deter
19		trespassing or a pedestrian walkway over or under a railroad
20		right-of-way, as provided for in and in accordance with
21		Section 18c-7401 of the Illinois Vehicle Code. The Commission
22		may order up to $2,000,000 per year in Grade Crossing
23		Protection Fund moneys for the improvement of grade crossing
24		surfaces and up to $300,000 per year for the maintenance and
25		renewal of 4-quadrant gate vehicle detection systems located
26		at non-high speed rail grade crossings. In entering orders for

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1		projects for which payments from the Grade Crossing Protection
2		Fund will be made, the Commission shall account for
3		expenditures authorized by the orders on a cash rather than an
4		accrual basis. For purposes of this requirement an "accrual
5		basis" assumes that the total cost of the project is expended
6		in the fiscal year in which the order is entered, while a "cash
7		basis" allocates the cost of the project among fiscal years as
8		expenditures are actually made. To meet the requirements of
9		this subsection, the Illinois Commerce Commission shall
10		develop annual and 5-year project plans of rail crossing
11		capital improvements that will be paid for with moneys from
12		the Grade Crossing Protection Fund. The annual project plan
13		shall identify projects for the succeeding fiscal year and the
14		5-year project plan shall identify projects for the 5 directly
15		succeeding fiscal years. The Commission shall submit the
16		annual and 5-year project plans for this Fund to the Governor,
17		the President of the Senate, the Senate Minority Leader, the
18		Speaker of the House of Representatives, and the Minority
19		Leader of the House of Representatives on the first Wednesday
20		in April of each year;
21		(d) of the amount remaining after allocations provided for
22		in subsections (a), (a-1), (b), and (c), a sufficient amount
23		shall be reserved to pay all of the following:
24		(1) the costs of the Department of Revenue in
25		administering this Act;
26		(2) the costs of the Department of Transportation in

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1		performing its duties imposed by the Illinois Highway Code
2		for supervising the use of motor fuel tax funds
3		apportioned to municipalities, counties and road
4		districts;
5		(3) refunds provided for in Section 13, refunds for
6		overpayment of decal fees paid under Section 13a.4 of this
7		Act, and refunds provided for under the terms of the
8		International Fuel Tax Agreement referenced in Section
9		14a;
10		(4) from October 1, 1985 until June 30, 1994, the
11		administration of the Vehicle Emissions Inspection Law,
12		which amount shall be certified monthly by the
13		Environmental Protection Agency to the State Comptroller
14		and shall promptly be transferred by the State Comptroller
15		and Treasurer from the Motor Fuel Tax Fund to the Vehicle
16		Inspection Fund, and for the period July 1, 1994 through
17		June 30, 2000, one-twelfth of $25,000,000 each month, for
18		the period July 1, 2000 through June 30, 2003, one-twelfth
19		of $30,000,000 each month, and $15,000,000 on July 1,
20		2003, and $15,000,000 on January 1, 2004, and $15,000,000
21		on each July 1 and October 1, or as soon thereafter as may
22		be practical, during the period July 1, 2004 through June
23		30, 2012, and $30,000,000 on June 1, 2013, or as soon
24		thereafter as may be practical, and $15,000,000 on July 1
25		and October 1, or as soon thereafter as may be practical,
26		during the period of July 1, 2013 through June 30, 2015,

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1		for the administration of the Vehicle Emissions Inspection
2		Law of 2005, to be transferred by the State Comptroller
3		and Treasurer from the Motor Fuel Tax Fund into the
4		Vehicle Inspection Fund;
5		(4.5) beginning on July 1, 2019, the costs of the
6		Environmental Protection Agency for the administration of
7		the Vehicle Emissions Inspection Law of 2005 shall be
8		paid, subject to appropriation, from the Motor Fuel Tax
9		Fund into the Vehicle Inspection Fund; beginning in 2019,
10		no later than December 31 of each year, or as soon
11		thereafter as practical, the State Comptroller shall
12		direct and the State Treasurer shall transfer from the
13		Vehicle Inspection Fund to the Motor Fuel Tax Fund any
14		balance remaining in the Vehicle Inspection Fund in excess
15		of $2,000,000;
16		(5) amounts ordered paid by the Court of Claims; and
17		(6) payment of motor fuel use taxes due to member
18		jurisdictions under the terms of the International Fuel
19		Tax Agreement. The Department shall certify these amounts
20		to the Comptroller by the 15th day of each month; the
21		Comptroller shall cause orders to be drawn for such
22		amounts, and the Treasurer shall administer those amounts
23		on or before the last day of each month;
24		(e) after allocations for the purposes set forth in
25		subsections (a), (a-1), (b), (c), and (d), the remaining
26		amount shall be apportioned as follows:

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1		(1) Until January 1, 2000, 58.4%, and beginning
2		January 1, 2000, 45.6% shall be deposited as follows:
3		(A) 37% into the State Construction Account Fund,
4		and
5		(B) 63% into the Road Fund, $1,250,000 of which
6		shall be reserved each month for the Department of
7		Transportation to be used in accordance with the
8		provisions of Sections 6-901 through 6-906 of the
9		Illinois Highway Code;
10		(2) Until January 1, 2000, 41.6%, and beginning
11		January 1, 2000, 54.4% shall be transferred to the
12		Department of Transportation to be distributed as follows:
13		(A) 49.10% to the municipalities of the State,
14		(B) 16.74% to the counties of the State having
15		1,000,000 or more inhabitants,
16		(C) 18.27% to the counties of the State having
17		less than 1,000,000 inhabitants,
18		(D) 15.89% to the road districts of the State.
19		If a township is dissolved under Article 24 of the
20		Township Code, McHenry County shall receive any moneys
21		that would have been distributed to the township under
22		this subparagraph, except that a municipality that assumes
23		the powers and responsibilities of a road district under
24		paragraph (6) of Section 24-35 of the Township Code shall
25		receive any moneys that would have been distributed to the
26		township in a percent equal to the area of the dissolved

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1		road district or portion of the dissolved road district
2		over which the municipality assumed the powers and
3		responsibilities compared to the total area of the
4		dissolved township. The moneys received under this
5		subparagraph shall be used in the geographic area of the
6		dissolved township. If a township is reconstituted as
7		provided under Section 24-45 of the Township Code, McHenry
8		County or a municipality shall no longer be distributed
9		moneys under this subparagraph.
10		As soon as may be after the first day of each month, the
11		Department of Transportation shall allot to each municipality
12		its share of the amount apportioned to the several
13		municipalities which shall be in proportion to the population
14		of such municipalities as determined by the last preceding
15		municipal census if conducted by the Federal Government or
16		Federal census. If territory is annexed to any municipality
17		subsequent to the time of the last preceding census the
18		corporate authorities of such municipality may cause a census
19		to be taken of such annexed territory and the population so
20		ascertained for such territory shall be added to the
21		population of the municipality as determined by the last
22		preceding census for the purpose of determining the allotment
23		for that municipality. If the population of any municipality
24		was not determined by the last Federal census preceding any
25		apportionment, the apportionment to such municipality shall be
26		in accordance with any census taken by such municipality. Any

HB4700 Enrolled - 222 - LRB102 24222 KTG 33451 b
1		municipal census used in accordance with this Section shall be
2		certified to the Department of Transportation by the clerk of
3		such municipality, and the accuracy thereof shall be subject
4		to approval of the Department which may make such corrections
5		as it ascertains to be necessary.
6		As soon as may be after the first day of each month, the
7		Department of Transportation shall allot to each county its
8		share of the amount apportioned to the several counties of the
9		State as herein provided. Each allotment to the several
10		counties having less than 1,000,000 inhabitants shall be in
11		proportion to the amount of motor vehicle license fees
12		received from the residents of such counties, respectively,
13		during the preceding calendar year. The Secretary of State
14		shall, on or before April 15 of each year, transmit to the
15		Department of Transportation a full and complete report
16		showing the amount of motor vehicle license fees received from
17		the residents of each county, respectively, during the
18		preceding calendar year. The Department of Transportation
19		shall, each month, use for allotment purposes the last such
20		report received from the Secretary of State.
21		As soon as may be after the first day of each month, the
22		Department of Transportation shall allot to the several
23		counties their share of the amount apportioned for the use of
24		road districts. The allotment shall be apportioned among the
25		several counties in the State in the proportion which the
26		total mileage of township or district roads in the respective

HB4700 Enrolled - 223 - LRB102 24222 KTG 33451 b
1		counties bears to the total mileage of all township and
2		district roads in the State. Funds allotted to the respective
3		counties for the use of road districts therein shall be
4		allocated to the several road districts in the county in the
5		proportion which the total mileage of such township or
6		district roads in the respective road districts bears to the
7		total mileage of all such township or district roads in the
8		county. After July 1 of any year prior to 2011, no allocation
9		shall be made for any road district unless it levied a tax for
10		road and bridge purposes in an amount which will require the
11		extension of such tax against the taxable property in any such
12		road district at a rate of not less than either .08% of the
13		value thereof, based upon the assessment for the year
14		immediately prior to the year in which such tax was levied and
15		as equalized by the Department of Revenue or, in DuPage
16		County, an amount equal to or greater than $12,000 per mile of
17		road under the jurisdiction of the road district, whichever is
18		less. Beginning July 1, 2011 and each July 1 thereafter, an
19		allocation shall be made for any road district if it levied a
20		tax for road and bridge purposes. In counties other than
21		DuPage County, if the amount of the tax levy requires the
22		extension of the tax against the taxable property in the road
23		district at a rate that is less than 0.08% of the value
24		thereof, based upon the assessment for the year immediately
25		prior to the year in which the tax was levied and as equalized
26		by the Department of Revenue, then the amount of the

HB4700 Enrolled - 224 - LRB102 24222 KTG 33451 b
1		allocation for that road district shall be a percentage of the
2		maximum allocation equal to the percentage obtained by
3		dividing the rate extended by the district by 0.08%. In DuPage
4		County, if the amount of the tax levy requires the extension of
5		the tax against the taxable property in the road district at a
6		rate that is less than the lesser of (i) 0.08% of the value of
7		the taxable property in the road district, based upon the
8		assessment for the year immediately prior to the year in which
9		such tax was levied and as equalized by the Department of
10		Revenue, or (ii) a rate that will yield an amount equal to
11		$12,000 per mile of road under the jurisdiction of the road
12		district, then the amount of the allocation for the road
13		district shall be a percentage of the maximum allocation equal
14		to the percentage obtained by dividing the rate extended by
15		the district by the lesser of (i) 0.08% or (ii) the rate that
16		will yield an amount equal to $12,000 per mile of road under
17		the jurisdiction of the road district.
18		Prior to 2011, if any road district has levied a special
19		tax for road purposes pursuant to Sections 6-601, 6-602, and
20		6-603 of the Illinois Highway Code, and such tax was levied in
21		an amount which would require extension at a rate of not less
22		than .08% of the value of the taxable property thereof, as
23		equalized or assessed by the Department of Revenue, or, in
24		DuPage County, an amount equal to or greater than $12,000 per
25		mile of road under the jurisdiction of the road district,
26		whichever is less, such levy shall, however, be deemed a

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

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1		and bridge fund money which, when added to the amount of any
2		tax levy of the road district would be the equivalent of a tax
3		levy requiring extension at a rate of at least .08%, or, in
4		DuPage County, an amount equal to or greater than $12,000 per
5		mile of road under the jurisdiction of the road district,
6		whichever is less, such transfer, together with any such tax
7		levy, shall be deemed a proper compliance with this Section
8		and shall qualify the road district for an allotment under
9		this Section.
10		In counties in which a property tax extension limitation
11		is imposed under the Property Tax Extension Limitation Law,
12		road districts may retain their entitlement to a motor fuel
13		tax allotment or, beginning in 2011, their entitlement to a
14		full allotment if, at the time the property tax extension
15		limitation was imposed, the road district was levying a road
16		and bridge tax at a rate sufficient to entitle it to a motor
17		fuel tax allotment and continues to levy the maximum allowable
18		amount after the imposition of the property tax extension
19		limitation. Any road district may in all circumstances retain
20		its entitlement to a motor fuel tax allotment or, beginning in
21		2011, its entitlement to a full allotment if it levied a road
22		and bridge tax in an amount that will require the extension of
23		the tax against the taxable property in the road district at a
24		rate of not less than 0.08% of the assessed value of the
25		property, based upon the assessment for the year immediately
26		preceding the year in which the tax was levied and as equalized

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1		by the Department of Revenue or, in DuPage County, an amount
2		equal to or greater than $12,000 per mile of road under the
3		jurisdiction of the road district, whichever is less.
4		As used in this Section, the term "road district" means
5		any road district, including a county unit road district,
6		provided for by the Illinois Highway Code; and the term
7		"township or district road" means any road in the township and
8		district road system as defined in the Illinois Highway Code.
9		For the purposes of this Section, "township or district road"
10		also includes such roads as are maintained by park districts,
11		forest preserve districts and conservation districts. The
12		Department of Transportation shall determine the mileage of
13		all township and district roads for the purposes of making
14		allotments and allocations of motor fuel tax funds for use in
15		road districts.
16		Payment of motor fuel tax moneys to municipalities and
17		counties shall be made as soon as possible after the allotment
18		is made. The treasurer of the municipality or county may
19		invest these funds until their use is required and the
20		interest earned by these investments shall be limited to the
21		same uses as the principal funds.
22		(Source: P.A. 101-32, eff. 6-28-19; 101-230, eff. 8-9-19;
23		101-493, eff. 8-23-19; 102-16, eff. 6-17-21; 102-558, eff.
24		8-20-21.)
25		Section 5-66. The Illinois Pension Code is amended by

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1		changing Section 1-110.16 as follows:
2		(40 ILCS 5/1-110.16)
3		Sec. 1-110.16. Transactions prohibited by retirement
4		systems; companies that boycott Israel, for-profit companies
5		that contract to shelter migrant children, Iran-restricted
6		companies, Sudan-restricted companies, and expatriated
7		entities.
8		(a) As used in this Section:
9		"Boycott Israel" means engaging in actions that are
10		politically motivated and are intended to penalize,
11		inflict economic harm on, or otherwise limit commercial
12		relations with the State of Israel or companies based in
13		the State of Israel or in territories controlled by the
14		State of Israel.
15		"Company" means any sole proprietorship, organization,
16		association, corporation, partnership, joint venture,
17		limited partnership, limited liability partnership,
18		limited liability company, or other entity or business
19		association, including all wholly owned subsidiaries,
20		majority-owned subsidiaries, parent companies, or
21		affiliates of those entities or business associations,
22		that exist for the purpose of making profit.
23		"Contract to shelter migrant children" means entering
24		into a contract with the federal government to shelter
25		migrant children under the federal Unaccompanied Alien

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1		Children Program or a substantially similar federal
2		program.
3		"Illinois Investment Policy Board" means the board
4		established under subsection (b) of this Section.
5		"Direct holdings" in a company means all publicly
6		traded securities of that company that are held directly
7		by the retirement system in an actively managed account or
8		fund in which the retirement system owns all shares or
9		interests.
10		"Expatriated entity" has the meaning ascribed to it in
11		Section 1-15.120 of the Illinois Procurement Code.
12		"Indirect holdings" in a company means all securities
13		of that company that are held in an account or fund, such
14		as a mutual fund, managed by one or more persons not
15		employed by the retirement system, in which the retirement
16		system owns shares or interests together with other
17		investors not subject to the provisions of this Section or
18		that are held in an index fund.
19		"Iran-restricted company" means a company that meets
20		the qualifications under Section 1-110.15 of this Code.
21		"Private market fund" means any private equity fund,
22		private equity funds of funds, venture capital fund, hedge
23		fund, hedge fund of funds, real estate fund, or other
24		investment vehicle that is not publicly traded.
25		"Restricted companies" means companies that boycott
26		Israel, for-profit companies that contract to shelter

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1		migrant children, Iran-restricted companies,
2		Sudan-restricted companies, and expatriated entities.
3		"Retirement system" means a retirement system
4		established under Article 2, 14, 15, 16, or 18 of this Code
5		or the Illinois State Board of Investment.
6		"Sudan-restricted company" means a company that meets
7		the qualifications under Section 1-110.6 of this Code.
8		(b) There shall be established an Illinois Investment
9		Policy Board. The Illinois Investment Policy Board shall
10		consist of 7 members. Each board of a pension fund or
11		investment board created under Article 15, 16, or 22A of this
12		Code shall appoint one member, and the Governor shall appoint
13		4 members. The Governor shall designate one member of the
14		Board as the Chairperson.
15		(b-5) The term of office of each member appointed by the
16		Governor, who is serving on the Board on June 30, 2022, is
17		abolished on that date. The terms of office of members
18		appointed by the Governor after June 30, 2022 shall be as
19		follows: 2 initial members shall be appointed for terms of 2
20		years, and 2 initial members shall be appointed for terms of 4
21		years. Thereafter, the members appointed by the Governor shall
22		hold office for 4 years, except that any member chosen to fill
23		a vacancy occurring otherwise than by expiration of a term
24		shall be appointed only for the unexpired term of the member
25		whom he or she shall succeed. Board members may be
26		reappointed. The Governor may remove a Governor's appointee to

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1		the Board for incompetence, neglect of duty, malfeasance, or
2		inability to serve.
3		(c) Notwithstanding any provision of law to the contrary,
4		beginning January 1, 2016, Sections 110.15 and 1-110.6 of this
5		Code shall be administered in accordance with this Section.
6		(d) By April 1, 2016, the Illinois Investment Policy Board
7		shall make its best efforts to identify all Iran-restricted
8		companies, Sudan-restricted companies, and companies that
9		boycott Israel and assemble those identified companies into a
10		list of restricted companies, to be distributed to each
11		retirement system.
12		These efforts shall include the following, as appropriate
13		in the Illinois Investment Policy Board's judgment:
14		(1) reviewing and relying on publicly available
15		information regarding Iran-restricted companies,
16		Sudan-restricted companies, and companies that boycott
17		Israel, including information provided by nonprofit
18		organizations, research firms, and government entities;
19		(2) contacting asset managers contracted by the
20		retirement systems that invest in Iran-restricted
21		companies, Sudan-restricted companies, and companies that
22		boycott Israel;
23		(3) contacting other institutional investors that have
24		divested from or engaged with Iran-restricted companies,
25		Sudan-restricted companies, and companies that boycott
26		Israel; and

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1		(4) retaining an independent research firm to identify
2		Iran-restricted companies, Sudan-restricted companies,
3		and companies that boycott Israel.
4		The Illinois Investment Policy Board shall review the list
5		of restricted companies on a quarterly basis based on evolving
6		information from, among other sources, those listed in this
7		subsection (d) and distribute any updates to the list of
8		restricted companies to the retirement systems and the State
9		Treasurer.
10		By April 1, 2018, the Illinois Investment Policy Board
11		shall make its best efforts to identify all expatriated
12		entities and include those companies in the list of restricted
13		companies distributed to each retirement system and the State
14		Treasurer. These efforts shall include the following, as
15		appropriate in the Illinois Investment Policy Board's
16		judgment:
17		(1) reviewing and relying on publicly available
18		information regarding expatriated entities, including
19		information provided by nonprofit organizations, research
20		firms, and government entities;
21		(2) contacting asset managers contracted by the
22		retirement systems that invest in expatriated entities;
23		(3) contacting other institutional investors that have
24		divested from or engaged with expatriated entities; and
25		(4) retaining an independent research firm to identify
26		expatriated entities.

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1		By July 1, 2022, the Illinois Investment Policy Board
2		shall make its best efforts to identify all for-profit
3		companies that contract to shelter migrant children and
4		include those companies in the list of restricted companies
5		distributed to each retirement system. These efforts shall
6		include the following, as appropriate in the Illinois
7		Investment Policy Board's judgment:
8		(1) reviewing and relying on publicly available
9		information regarding for-profit companies that contract
10		to shelter migrant children, including information
11		provided by nonprofit organizations, research firms, and
12		government entities;
13		(2) contacting asset managers contracted by the
14		retirement systems that invest in for-profit companies
15		that contract to shelter migrant children;
16		(3) contacting other institutional investors that have
17		divested from or engaged with for-profit companies that
18		contract to shelter migrant children; and
19		(4) retaining an independent research firm to identify
20		for-profit companies that contract to shelter migrant
21		children.
22		(e) The Illinois Investment Policy Board shall adhere to
23		the following procedures for companies on the list of
24		restricted companies:
25		(1) For each company newly identified in subsection
26		(d), the Illinois Investment Policy Board shall send a

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1		written notice informing the company of its status and
2		that it may become subject to divestment or shareholder
3		activism by the retirement systems.
4		(2) If, following the Illinois Investment Policy
5		Board's engagement pursuant to this subsection (e) with a
6		restricted company, that company ceases activity that
7		designates the company to be an Iran-restricted company, a
8		Sudan-restricted company, a company that boycotts Israel,
9		an expatriated entity, or a for-profit company that
10		contracts to shelter migrant children, the company shall
11		be removed from the list of restricted companies and the
12		provisions of this Section shall cease to apply to it
13		unless it resumes such activities.
14		(f) Except as provided in subsection (f-1) of this Section
15		the retirement system shall adhere to the following procedures
16		for companies on the list of restricted companies:
17		(1) The retirement system shall identify those
18		companies on the list of restricted companies in which the
19		retirement system owns direct holdings and indirect
20		holdings.
21		(2) The retirement system shall instruct its
22		investment advisors to sell, redeem, divest, or withdraw
23		all direct holdings of restricted companies from the
24		retirement system's assets under management in an orderly
25		and fiduciarily responsible manner within 12 months after
26		the company's most recent appearance on the list of

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1		restricted companies.
2		(3) The retirement system may not acquire securities
3		of restricted companies.
4		(4) The provisions of this subsection (f) do not apply
5		to the retirement system's indirect holdings or private
6		market funds. The Illinois Investment Policy Board shall
7		submit letters to the managers of those investment funds
8		containing restricted companies requesting that they
9		consider removing the companies from the fund or create a
10		similar actively managed fund having indirect holdings
11		devoid of the companies. If the manager creates a similar
12		fund, the retirement system shall replace all applicable
13		investments with investments in the similar fund in an
14		expedited timeframe consistent with prudent investing
15		standards.
16		(f-1) The retirement system shall adhere to the following
17		procedures for restricted companies that are expatriated
18		entities or for-profit companies that contract to shelter
19		migrant children:
20		(1) To the extent that the retirement system believes
21		that shareholder activism would be more impactful than
22		divestment, the retirement system shall have the authority
23		to engage with a restricted company prior to divesting.
24		(2) Subject to any applicable State or Federal laws,
25		methods of shareholder activism utilized by the retirement
26		system may include, but are not limited to, bringing

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1		shareholder resolutions and proxy voting on shareholder
2		resolutions.
3		(3) The retirement system shall report on its
4		shareholder activism and the outcome of such efforts to
5		the Illinois Investment Policy Board by April 1 of each
6		year.
7		(4) If the engagement efforts of the retirement system
8		are unsuccessful, then it shall adhere to the procedures
9		under subsection (f) of this Section.
10		(g) Upon request, and by April 1 of each year, each
11		retirement system shall provide the Illinois Investment Policy
12		Board with information regarding investments sold, redeemed,
13		divested, or withdrawn in compliance with this Section.
14		(h) Notwithstanding any provision of this Section to the
15		contrary, a retirement system may cease divesting from
16		companies pursuant to subsection (f) if clear and convincing
17		evidence shows that the value of investments in such companies
18		becomes equal to or less than 0.5% of the market value of all
19		assets under management by the retirement system. For any
20		cessation of divestment authorized by this subsection (h), the
21		retirement system shall provide a written notice to the
22		Illinois Investment Policy Board in advance of the cessation
23		of divestment, setting forth the reasons and justification,
24		supported by clear and convincing evidence, for its decision
25		to cease divestment under subsection (f).
26		(i) The cost associated with the activities of the

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1		Illinois Investment Policy Board shall be borne by the boards
2		of each pension fund or investment board created under Article
3		15, 16, or 22A of this Code.
4		(j) With respect to actions taken in compliance with this
5		Section, including all good-faith determinations regarding
6		companies as required by this Section, the retirement system
7		and Illinois Investment Policy Board are exempt from any
8		conflicting statutory or common law obligations, including any
9		fiduciary duties under this Article and any obligations with
10		respect to choice of asset managers, investment funds, or
11		investments for the retirement system's securities portfolios.
12		(k) It is not the intent of the General Assembly in
13		enacting this amendatory Act of the 99th General Assembly to
14		cause divestiture from any company based in the United States
15		of America. The Illinois Investment Policy Board shall
16		consider this intent when developing or reviewing the list of
17		restricted companies.
18		(l) If any provision of this amendatory Act of the 99th
19		General Assembly or its application to any person or
20		circumstance is held invalid, the invalidity of that provision
21		or application does not affect other provisions or
22		applications of this amendatory Act of the 99th General
23		Assembly that can be given effect without the invalid
24		provision or application.
25		If any provision of Public Act 100-551 or its application
26		to any person or circumstance is held invalid, the invalidity

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1		of that provision or application does not affect other
2		provisions or applications of Public Act 100-551 that can be
3		given effect without the invalid provision or application.
4		If any provision of this amendatory Act of the 102nd
5		General Assembly or its application to any person or
6		circumstance is held invalid, the invalidity of that provision
7		or application does not affect other provisions or
8		applications of this amendatory Act of the 102nd General
9		Assembly that can be given effect without the invalid
10		provision or application.
11		(Source: P.A. 102-118, eff. 7-23-21.)
12		Section 5-67. The Law Enforcement Camera Grant Act is
13		amended by changing Section 5 as follows:
14		(50 ILCS 707/5)
15		Sec. 5. Definitions. As used in this Act:
16		"Board" means the Illinois Law Enforcement Training
17		Standards Board created by the Illinois Police Training Act.
18		"In-car video camera" means a video camera located in a
19		law enforcement patrol vehicle.
20		"In-car video camera recording equipment" means a video
21		camera recording system located in a law enforcement patrol
22		vehicle consisting of a camera assembly, recording mechanism,
23		and an in-car video recording medium.
24		"In uniform" means a law enforcement officer who is

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1		wearing any officially authorized uniform designated by a law
2		enforcement agency, or a law enforcement officer who is
3		visibly wearing articles of clothing, badge, tactical gear,
4		gun belt, a patch, or other insignia indicating that he or she
5		is a law enforcement officer acting in the course of his or her
6		duties.
7		"Law enforcement officer" or "officer" means any person
8		employed by a unit of local government county, municipality,
9		township, or an Illinois public university as a policeman,
10		peace officer or in some like position involving the
11		enforcement of the law and protection of the public interest
12		at the risk of that person's life.
13		"Officer-worn body camera" means an electronic camera
14		system for creating, generating, sending, receiving, storing,
15		displaying, and processing audiovisual recordings that may be
16		worn about the person of a law enforcement officer.
17		"Recording" means the process of capturing data or
18		information stored on a recording medium as required under
19		this Act.
20		"Recording medium" means any recording medium authorized
21		by the Board for the retention and playback of recorded audio
22		and video including, but not limited to, VHS, DVD, hard drive,
23		cloud storage, solid state, digital, flash memory technology,
24		or any other electronic medium.
25		"Unit of local government" has the meaning ascribed to it
26		in Section 1 of Article VII of the Illinois Constitution.

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1		(Source: P.A. 102-16, eff. 6-17-21.)
2		Section 5-69. The Illinois Municipal Code is amended by
3		changing Sections 8-3-14b and 8-3-14c as follows:
4		(65 ILCS 5/8-3-14b)
5		(Section scheduled to be repealed on January 1, 2023)
6		Sec. 8-3-14b. Municipal hotel operators' tax in DuPage
7		County. For any municipality located within DuPage County that
8		belongs to a not-for-profit organization headquartered in
9		DuPage County that is recognized by the Department of Commerce
10		and Economic Opportunity as a certified local tourism and
11		convention bureau entitled to receive State tourism grant
12		funds, not less than 75% of the amounts collected pursuant to
13		Section 8-3-14 shall be expended by the municipality to
14		promote tourism and conventions within that municipality or
15		otherwise to attract nonresident overnight visitors to the
16		municipality, and the remainder of the amounts collected by a
17		municipality within DuPage County pursuant to Section 8-3-14
18		may be expended by the municipality for economic development
19		or capital infrastructure.
20		This Section is repealed on January 1, 2025 January 1,
21		2023.
22		(Source: P.A. 101-204, eff. 8-2-19.)
23		(65 ILCS 5/8-3-14c)

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1		(Section scheduled to be repealed on January 1, 2023)
2		Sec. 8-3-14c. Municipal hotel use tax in DuPage County.
3		For any municipality located within DuPage County that belongs
4		to a not-for-profit organization headquartered in DuPage
5		County that is recognized by the Department of Commerce and
6		Economic Opportunity as a certified local tourism and
7		convention bureau entitled to receive State tourism grant
8		funds, not less than 75% of the amounts collected pursuant to
9		Section 8-3-14a shall be expended by the municipality to
10		promote tourism and conventions within that municipality or
11		otherwise to attract nonresident overnight visitors to the
12		municipality, and the remainder of the amounts collected by a
13		municipality within DuPage County pursuant to Section 8-3-14a
14		may be expended by the municipality for economic development
15		or capital infrastructure.
16		This Section is repealed on January 1, 2025 January 1,
17		2023.
18		(Source: P.A. 101-204, eff. 8-2-19.)
19		Section 5-70. The Metropolitan Pier and Exposition
20		Authority Act is amended by changing Sections 5 and 14 as
21		follows:
22		(70 ILCS 210/5) (from Ch. 85, par. 1225)
23		Sec. 5. The Metropolitan Pier and Exposition Authority
24		shall also have the following rights and powers:

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1		(a) To accept from Chicago Park Fair, a corporation,
2		an assignment of whatever sums of money it may have
3		received from the Fair and Exposition Fund, allocated by
4		the Department of Agriculture of the State of Illinois,
5		and Chicago Park Fair is hereby authorized to assign, set
6		over and transfer any of those funds to the Metropolitan
7		Pier and Exposition Authority. The Authority has the right
8		and power hereafter to receive sums as may be distributed
9		to it by the Department of Agriculture of the State of
10		Illinois from the Fair and Exposition Fund pursuant to the
11		provisions of Sections 5, 6i, and 28 of the State Finance
12		Act. All sums received by the Authority shall be held in
13		the sole custody of the secretary-treasurer of the
14		Metropolitan Pier and Exposition Board.
15		(b) To accept the assignment of, assume and execute
16		any contracts heretofore entered into by Chicago Park
17		Fair.
18		(c) To acquire, own, construct, equip, lease, operate
19		and maintain grounds, buildings and facilities to carry
20		out its corporate purposes and duties, and to carry out or
21		otherwise provide for the recreational, cultural,
22		commercial or residential development of Navy Pier, and to
23		fix and collect just, reasonable and nondiscriminatory
24		charges for the use thereof. The charges so collected
25		shall be made available to defray the reasonable expenses
26		of the Authority and to pay the principal of and the

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1		interest upon any revenue bonds issued by the Authority.
2		The Authority shall be subject to and comply with the Lake
3		Michigan and Chicago Lakefront Protection Ordinance, the
4		Chicago Building Code, the Chicago Zoning Ordinance, and
5		all ordinances and regulations of the City of Chicago
6		contained in the following Titles of the Municipal Code of
7		Chicago: Businesses, Occupations and Consumer Protection;
8		Health and Safety; Fire Prevention; Public Peace, Morals
9		and Welfare; Utilities and Environmental Protection;
10		Streets, Public Ways, Parks, Airports and Harbors;
11		Electrical Equipment and Installation; Housing and
12		Economic Development (only Chapter 5-4 thereof); and
13		Revenue and Finance (only so far as such Title pertains to
14		the Authority's duty to collect taxes on behalf of the
15		City of Chicago).
16		(d) To enter into contracts treating in any manner
17		with the objects and purposes of this Act.
18		(e) To lease any buildings to the Adjutant General of
19		the State of Illinois for the use of the Illinois National
20		Guard or the Illinois Naval Militia.
21		(f) To exercise the right of eminent domain by
22		condemnation proceedings in the manner provided by the
23		Eminent Domain Act, including, with respect to Site B
24		only, the authority to exercise quick take condemnation by
25		immediate vesting of title under Article 20 of the Eminent
26		Domain Act, to acquire any privately owned real or

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1		personal property and, with respect to Site B only, public
2		property used for rail transportation purposes (but no
3		such taking of such public property shall, in the
4		reasonable judgment of the owner, interfere with such rail
5		transportation) for the lawful purposes of the Authority
6		in Site A, at Navy Pier, and at Site B. Just compensation
7		for property taken or acquired under this paragraph shall
8		be paid in money or, notwithstanding any other provision
9		of this Act and with the agreement of the owner of the
10		property to be taken or acquired, the Authority may convey
11		substitute property or interests in property or enter into
12		agreements with the property owner, including leases,
13		licenses, or concessions, with respect to any property
14		owned by the Authority, or may provide for other lawful
15		forms of just compensation to the owner. Any property
16		acquired in condemnation proceedings shall be used only as
17		provided in this Act. Except as otherwise provided by law,
18		the City of Chicago shall have a right of first refusal
19		prior to any sale of any such property by the Authority to
20		a third party other than substitute property. The
21		Authority shall develop and implement a relocation plan
22		for businesses displaced as a result of the Authority's
23		acquisition of property. The relocation plan shall be
24		substantially similar to provisions of the Uniform
25		Relocation Assistance and Real Property Acquisition Act
26		and regulations promulgated under that Act relating to

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1		assistance to displaced businesses. To implement the
2		relocation plan the Authority may acquire property by
3		purchase or gift or may exercise the powers authorized in
4		this subsection (f), except the immediate vesting of title
5		under Article 20 of the Eminent Domain Act, to acquire
6		substitute private property within one mile of Site B for
7		the benefit of displaced businesses located on property
8		being acquired by the Authority. However, no such
9		substitute property may be acquired by the Authority
10		unless the mayor of the municipality in which the property
11		is located certifies in writing that the acquisition is
12		consistent with the municipality's land use and economic
13		development policies and goals. The acquisition of
14		substitute property is declared to be for public use. In
15		exercising the powers authorized in this subsection (f),
16		the Authority shall use its best efforts to relocate
17		businesses within the area of McCormick Place or, failing
18		that, within the City of Chicago.
19		(g) To enter into contracts relating to construction
20		projects which provide for the delivery by the contractor
21		of a completed project, structure, improvement, or
22		specific portion thereof, for a fixed maximum price, which
23		contract may provide that the delivery of the project,
24		structure, improvement, or specific portion thereof, for
25		the fixed maximum price is insured or guaranteed by a
26		third party capable of completing the construction.

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1		(h) To enter into agreements with any person with
2		respect to the use and occupancy of the grounds,
3		buildings, and facilities of the Authority, including
4		concession, license, and lease agreements on terms and
5		conditions as the Authority determines. Notwithstanding
6		Section 24, agreements with respect to the use and
7		occupancy of the grounds, buildings, and facilities of the
8		Authority for a term of more than one year shall be entered
9		into in accordance with the procurement process provided
10		for in Section 25.1.
11		(i) To enter into agreements with any person with
12		respect to the operation and management of the grounds,
13		buildings, and facilities of the Authority or the
14		provision of goods and services on terms and conditions as
15		the Authority determines.
16		(j) After conducting the procurement process provided
17		for in Section 25.1, to enter into one or more contracts to
18		provide for the design and construction of all or part of
19		the Authority's Expansion Project grounds, buildings, and
20		facilities. Any contract for design and construction of
21		the Expansion Project shall be in the form authorized by
22		subsection (g), shall be for a fixed maximum price not in
23		excess of the funds that are authorized to be made
24		available for those purposes during the term of the
25		contract, and shall be entered into before commencement of
26		construction.

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1		(k) To enter into agreements, including project
2		agreements with labor unions, that the Authority deems
3		necessary to complete the Expansion Project or any other
4		construction or improvement project in the most timely and
5		efficient manner and without strikes, picketing, or other
6		actions that might cause disruption or delay and thereby
7		add to the cost of the project.
8		(l) To provide incentives to organizations and
9		entities that agree to make use of the grounds, buildings,
10		and facilities of the Authority for conventions, meetings,
11		or trade shows. The incentives may take the form of
12		discounts from regular fees charged by the Authority,
13		subsidies for or assumption of the costs incurred with
14		respect to the convention, meeting, or trade show, or
15		other inducements. The Authority shall award incentives to
16		attract or retain conventions, meetings, and trade shows
17		under the terms set forth in this subsection (l) from
18		amounts appropriated to the Authority from the
19		Metropolitan Pier and Exposition Authority Incentive Fund
20		for this purpose.
21		No later than May 15 of each year, the Chief Executive
22		Officer of the Metropolitan Pier and Exposition Authority
23		shall certify to the State Comptroller and the State
24		Treasurer the amounts of incentive grant funds used during
25		the current fiscal year to provide incentives for
26		conventions, meetings, or trade shows that:

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1		(i) have been approved by the Authority, in
2		consultation with an organization meeting the
3		qualifications set out in Section 5.6 of this Act,
4		provided the Authority has entered into a marketing
5		agreement with such an organization,
6		(ii)(A) for fiscal years prior to 2022 and after
7		2024, demonstrate registered attendance in excess of
8		5,000 individuals or in excess of 10,000 individuals,
9		as appropriate;
10		(B) for fiscal years 2022 through 2024,
11		demonstrate registered attendance in excess of 3,000
12		individuals or in excess of 5,000 individuals, as
13		appropriate; or
14		(C) for fiscal years 2022 and 2023, regardless of
15		registered attendance, demonstrate incurrence of costs
16		associated with mitigation of COVID-19, including, but
17		not limited to, costs for testing and screening,
18		contact tracing and notification, personal protective
19		equipment, and other physical and organizational
20		costs, and
21		(iii) in the case of subparagraphs (A) and (B) of
22		paragraph (ii), but for the incentive, would not have
23		used the facilities of the Authority for the
24		convention, meeting, or trade show. The State
25		Comptroller may request that the Auditor General
26		conduct an audit of the accuracy of the certification.

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1		If the State Comptroller determines by this process of
2		certification that incentive funds, in whole or in
3		part, were disbursed by the Authority by means other
4		than in accordance with the standards of this
5		subsection (l), then any amount transferred to the
6		Metropolitan Pier and Exposition Authority Incentive
7		Fund shall be reduced during the next subsequent
8		transfer in direct proportion to that amount
9		determined to be in violation of the terms set forth in
10		this subsection (l).
11		On July 15, 2012, the Comptroller shall order
12		transferred, and the Treasurer shall transfer, into the
13		Metropolitan Pier and Exposition Authority Incentive Fund
14		from the General Revenue Fund the sum of $7,500,000 plus
15		an amount equal to the incentive grant funds certified by
16		the Chief Executive Officer as having been lawfully paid
17		under the provisions of this Section in the previous 2
18		fiscal years that have not otherwise been transferred into
19		the Metropolitan Pier and Exposition Authority Incentive
20		Fund, provided that transfers in excess of $15,000,000
21		shall not be made in any fiscal year.
22		On July 15, 2013, the Comptroller shall order
23		transferred, and the Treasurer shall transfer, into the
24		Metropolitan Pier and Exposition Authority Incentive Fund
25		from the General Revenue Fund the sum of $7,500,000 plus
26		an amount equal to the incentive grant funds certified by

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1		the Chief Executive Officer as having been lawfully paid
2		under the provisions of this Section in the previous
3		fiscal year that have not otherwise been transferred into
4		the Metropolitan Pier and Exposition Authority Incentive
5		Fund, provided that transfers in excess of $15,000,000
6		shall not be made in any fiscal year.
7		On July 15, 2014, and every year thereafter, the
8		Comptroller shall order transferred, and the Treasurer
9		shall transfer, into the Metropolitan Pier and Exposition
10		Authority Incentive Fund from the General Revenue Fund an
11		amount equal to the incentive grant funds certified by the
12		Chief Executive Officer as having been lawfully paid under
13		the provisions of this Section in the previous fiscal year
14		that have not otherwise been transferred into the
15		Metropolitan Pier and Exposition Authority Incentive Fund,
16		provided that (1) no transfers with respect to any
17		previous fiscal year shall be made after the transfer has
18		been made with respect to the 2017 fiscal year until the
19		transfer that is made for the 2022 fiscal year and
20		thereafter, and no transfers with respect to any previous
21		fiscal year shall be made after the transfer has been made
22		with respect to the 2026 fiscal year, and (2) transfers in
23		excess of $15,000,000 shall not be made in any fiscal
24		year.
25		After a transfer has been made under this subsection
26		(l), the Chief Executive Officer shall file a request for

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1		payment with the Comptroller evidencing that the incentive
2		grants have been made and the Comptroller shall thereafter
3		order paid, and the Treasurer shall pay, the requested
4		amounts to the Metropolitan Pier and Exposition Authority.
5		Excluding any amounts related to the payment of costs
6		associated with the mitigation of COVID-19 in accordance
7		with this subsection (l), in no case shall more than
8		$5,000,000 be used in any one year by the Authority for
9		incentives granted conventions, meetings, or trade shows
10		with a registered attendance of (1) more than 5,000 and
11		less than 10,000 prior to the 2022 fiscal year and after
12		the 2024 fiscal year and (2) more than 3,000 and less than
13		5,000 for fiscal years 2022 through 2024. Amounts in the
14		Metropolitan Pier and Exposition Authority Incentive Fund
15		shall only be used by the Authority for incentives paid to
16		attract or retain conventions, meetings, and trade shows
17		as provided in this subsection (l).
18		(l-5) The Village of Rosemont shall provide incentives
19		from amounts transferred into the Convention Center
20		Support Fund to retain and attract conventions, meetings,
21		or trade shows to the Donald E. Stephens Convention Center
22		under the terms set forth in this subsection (l-5).
23		No later than May 15 of each year, the Mayor of the
24		Village of Rosemont or his or her designee shall certify
25		to the State Comptroller and the State Treasurer the
26		amounts of incentive grant funds used during the previous

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1		fiscal year to provide incentives for conventions,
2		meetings, or trade shows that (1) have been approved by
3		the Village, (2) demonstrate registered attendance in
4		excess of 5,000 individuals, and (3) but for the
5		incentive, would not have used the Donald E. Stephens
6		Convention Center facilities for the convention, meeting,
7		or trade show. The State Comptroller may request that the
8		Auditor General conduct an audit of the accuracy of the
9		certification.
10		If the State Comptroller determines by this process of
11		certification that incentive funds, in whole or in part,
12		were disbursed by the Village by means other than in
13		accordance with the standards of this subsection (l-5),
14		then the amount transferred to the Convention Center
15		Support Fund shall be reduced during the next subsequent
16		transfer in direct proportion to that amount determined to
17		be in violation of the terms set forth in this subsection
18		(l-5).
19		On July 15, 2012, and each year thereafter, the
20		Comptroller shall order transferred, and the Treasurer
21		shall transfer, into the Convention Center Support Fund
22		from the General Revenue Fund the amount of $5,000,000 for
23		(i) incentives to attract large conventions, meetings, and
24		trade shows to the Donald E. Stephens Convention Center,
25		and (ii) to be used by the Village of Rosemont for the
26		repair, maintenance, and improvement of the Donald E.

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1		Stephens Convention Center and for debt service on debt
2		instruments issued for those purposes by the village. No
3		later than 30 days after the transfer, the Comptroller
4		shall order paid, and the Treasurer shall pay, to the
5		Village of Rosemont the amounts transferred.
6		(m) To enter into contracts with any person conveying
7		the naming rights or other intellectual property rights
8		with respect to the grounds, buildings, and facilities of
9		the Authority.
10		(n) To enter into grant agreements with the Chicago
11		Convention and Tourism Bureau providing for the marketing
12		of the convention facilities to large and small
13		conventions, meetings, and trade shows and the promotion
14		of the travel industry in the City of Chicago, provided
15		such agreements meet the requirements of Section 5.6 of
16		this Act. Receipts of the Authority from the increase in
17		the airport departure tax authorized in subsection (f) of
18		Section 13 of this Act by Public Act 96-898 by Section
19		13(f) of this amendatory Act of the 96th General Assembly
20		and, subject to appropriation to the Authority, funds
21		deposited in the Chicago Travel Industry Promotion Fund
22		pursuant to Section 6 of the Hotel Operators' Occupation
23		Tax Act shall be granted to the Bureau for such purposes.
24		For Fiscal Year 2023 only, the Department of Commerce
25		and Economic Opportunity shall enter into the grant
26		agreements described in this subsection in place of the

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1		Authority. The grant agreements entered into by the
2		Department and the Bureau under this subsection are not
3		subject to the matching funds requirements or the other
4		terms and conditions of Section 605-705 of the Department
5		of Commerce and Economic Opportunity Law of the Civil
6		Administrative Code of Illinois. Subject to appropriation,
7		funds transferred into the Chicago Travel Industry
8		Promotion Fund pursuant to subsection (f) of Section
9		6z-121 of the State Finance Act shall be granted to the
10		Bureau for the purposes described in this subsection. The
11		Department shall have authority to make expenditures from
12		the Chicago Travel Industry Promotion Fund solely for the
13		purpose of providing grants to the Bureau.
14		(Source: P.A. 102-16, eff. 6-17-21.)
15		(70 ILCS 210/14) (from Ch. 85, par. 1234)
16		Sec. 14. Board; compensation. The governing and
17		administrative body of the Authority shall be a board known as
18		the Metropolitan Pier and Exposition Board. On the effective
19		date of this amendatory Act of the 96th General Assembly, the
20		Trustee shall assume the duties and powers of the Board for a
21		period of 18 months or until the Board is fully constituted,
22		whichever is later. Any action requiring Board approval shall
23		be deemed approved by the Board if the Trustee approves the
24		action in accordance with Section 14.5. Beginning the first
25		Monday of the month occurring 18 months after the effective

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1		date of this amendatory Act of the 96th General Assembly, the
2		Board shall consist of 9 members. The Governor shall appoint 4
3		members to the Board, subject to the advice and consent of the
4		Senate. The Mayor shall appoint 4 members to the Board. At
5		least one member of the Board shall represent the interests of
6		labor and at least one member of the Board shall represent the
7		interests of the convention industry. A majority of the
8		members appointed by the Governor and Mayor shall appoint a
9		ninth member to serve as the chairperson. The Board shall be
10		fully constituted when a quorum has been appointed. The
11		members of the board shall be individuals of generally
12		recognized ability and integrity. No member of the Board may
13		be (i) an officer or employee of, or a member of a board,
14		commission or authority of, the State, any unit of local
15		government or any school district or (ii) a person who served
16		on the Board prior to the effective date of this amendatory Act
17		of the 96th General Assembly.
18		Of the initial members appointed by the Governor, one
19		shall serve for a term expiring June 1, 2013, one shall serve
20		for a term expiring June 1, 2014, one shall serve for a term
21		expiring June 1, 2015, and one shall serve for a term expiring
22		June 1, 2016, as determined by the Governor. Of the initial
23		members appointed by the Mayor, one shall serve for a term
24		expiring June 1, 2013, one shall serve for a term expiring June
25		1, 2014, one shall serve for a term expiring June 1, 2015, and
26		one shall serve for a term expiring June 1, 2016, as determined

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1		by the Mayor. The initial chairperson appointed by the Board
2		shall serve a term for a term expiring June 1, 2015. Successors
3		shall be appointed to 4-year terms. No person may be appointed
4		to more than 3 terms.
5		Members of the Board shall serve without compensation, but
6		shall be reimbursed for actual expenses incurred by them in
7		the performance of their duties. All members of the Board and
8		employees of the Authority are subject to the Illinois
9		Governmental Ethics Act, in accordance with its terms.
10		(Source: P.A. 100-1116, eff. 11-28-18.)
11		Section 5-73. The Joliet Arsenal Development Authority Act
12		is amended by changing Section 55 as follows:
13		(70 ILCS 508/55)
14		Sec. 55. Abolition of Authority. The Authority shall be
15		abolished upon the last to occur of the following: (1)
16		expiration of the 30-year 25-year period that begins on the
17		effective date of this Act; or (2) one year after all revenue
18		bonds, notes, and other evidences of indebtedness of the
19		Authority have been fully paid and discharged or otherwise
20		provided for. Upon the abolition of the Authority, all of its
21		rights and property shall pass to and be vested in the State.
22		(Source: P.A. 96-1122, eff. 7-20-10.)
23		Section 5-75. The School Code is amended by changing

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1		Sections 2-3.33, 2-3.192, and 18-8.15 as follows:
2		(105 ILCS 5/2-3.33) (from Ch. 122, par. 2-3.33)
3		Sec. 2-3.33. Recomputation of claims. To recompute within
4		3 years from the final date for filing of a claim any claim for
5		general State aid reimbursement to any school district and one
6		year from the final date for filing of a claim for
7		evidence-based funding if the claim has been found to be
8		incorrect and to adjust subsequent claims accordingly, and to
9		recompute and adjust any such claims within 6 years from the
10		final date for filing when there has been an adverse court or
11		administrative agency decision on the merits affecting the tax
12		revenues of the school district. However, no such adjustment
13		shall be made regarding equalized assessed valuation unless
14		the district's equalized assessed valuation is changed by
15		greater than $250,000 or 2%. Any adjustments for claims
16		recomputed for the 2016-2017 school year and prior school
17		years shall be applied to the apportionment of evidence-based
18		funding in Section 18-8.15 of this Code beginning in the
19		2017-2018 school year and thereafter. However, the
20		recomputation of a claim for evidence-based funding for a
21		school district shall not require the recomputation of claims
22		for all districts, and the State Board of Education shall only
23		make recomputations of evidence-based funding for those
24		districts where an adjustment is required. The State Board is
25		authorized to and shall apply corrections to data used in

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1		evidence-based funding calculations that may result in current
2		year adjustments and shall recover funds previously scheduled
3		to be distributed or previously distributed to an
4		Organizational Unit or specially funded unit during a fiscal
5		year in accordance with Section 18-8.15 of this Code.
6		Except in the case of an adverse court or administrative
7		agency decision, no recomputation of a State aid claim shall
8		be made pursuant to this Section as a result of a reduction in
9		the assessed valuation of a school district from the assessed
10		valuation of the district reported to the State Board of
11		Education by the Department of Revenue under Section 18-8.05
12		or 18-8.15 of this Code unless the requirements of Section
13		16-15 of the Property Tax Code and Section 2-3.84 of this Code
14		are complied with in all respects.
15		This paragraph applies to all requests for recomputation
16		of a general State aid or evidence-based funding claim
17		received after June 30, 2003. In recomputing a general State
18		aid or evidence-based funding claim that was originally
19		calculated using an extension limitation equalized assessed
20		valuation under paragraph (3) of subsection (G) of Section
21		18-8.05 of this Code or Section 18-8.15 of this Code, a
22		qualifying reduction in equalized assessed valuation shall be
23		deducted from the extension limitation equalized assessed
24		valuation that was used in calculating the original claim.
25		From the total amount of general State aid or
26		evidence-based funding to be provided to districts,

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1		adjustments as a result of recomputation under this Section
2		together with adjustments under Section 2-3.84 must not exceed
3		$25 million, in the aggregate for all districts under both
4		Sections combined, of the general State aid or evidence-based
5		funding appropriation in any fiscal year; if necessary,
6		amounts shall be prorated among districts. If it is necessary
7		to prorate claims under this paragraph, then that portion of
8		each prorated claim that is approved but not paid in the
9		current fiscal year may be resubmitted as a valid claim in the
10		following fiscal year.
11		(Source: P.A. 100-465, eff. 8-31-17.)
12		(105 ILCS 5/2-3.192 new)
13		Sec. 2-3.192. Significant loss grant program. Subject to
14		specific State appropriation, the State Board shall make
15		Significant Loss Grants available to school districts that
16		meet all of the following requirements:
17		(1) The district has been affected by a recent
18		substantial loss of contributions from a single taxpayer
19		that resulted in either a significant loss of the overall
20		district Equalized Assessed Value or a significant loss in
21		property tax revenue from January 1, 2018 through the
22		effective date of this amendatory Act of the 102nd General
23		Assembly.
24		(2) The district's total equalized assessed value is
25		significantly derived from a single taxpayer.

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1		(3) The district's administrative office is located in
2		a county with less than 30,000 inhabitants.
3		(4) The district has a total student enrollment of
4		less than 500 students as published on the most recent
5		Illinois School Report Card.
6		(5) The district has a low income concentration of at
7		least 45% as published on the most recent Illinois School
8		Report Card.
9		The Professional Review Panel shall make recommendations
10		to the State Board regarding grant eligibility and
11		allocations. The State Board shall determine grant eligibility
12		and allocations. This Section is repealed on July 1, 2023.
13		(105 ILCS 5/18-8.15)
14		Sec. 18-8.15. Evidence-Based Funding for student success
15		for the 2017-2018 and subsequent school years.
16		(a) General provisions.
17		(1) The purpose of this Section is to ensure that, by
18		June 30, 2027 and beyond, this State has a kindergarten
19		through grade 12 public education system with the capacity
20		to ensure the educational development of all persons to
21		the limits of their capacities in accordance with Section
22		1 of Article X of the Constitution of the State of
23		Illinois. To accomplish that objective, this Section
24		creates a method of funding public education that is
25		evidence-based; is sufficient to ensure every student

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1		receives a meaningful opportunity to learn irrespective of
2		race, ethnicity, sexual orientation, gender, or
3		community-income level; and is sustainable and
4		predictable. When fully funded under this Section, every
5		school shall have the resources, based on what the
6		evidence indicates is needed, to:
7		(A) provide all students with a high quality
8		education that offers the academic, enrichment, social
9		and emotional support, technical, and career-focused
10		programs that will allow them to become competitive
11		workers, responsible parents, productive citizens of
12		this State, and active members of our national
13		democracy;
14		(B) ensure all students receive the education they
15		need to graduate from high school with the skills
16		required to pursue post-secondary education and
17		training for a rewarding career;
18		(C) reduce, with a goal of eliminating, the
19		achievement gap between at-risk and non-at-risk
20		students by raising the performance of at-risk
21		students and not by reducing standards; and
22		(D) ensure this State satisfies its obligation to
23		assume the primary responsibility to fund public
24		education and simultaneously relieve the
25		disproportionate burden placed on local property taxes
26		to fund schools.

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1		(2) The Evidence-Based Funding formula under this
2		Section shall be applied to all Organizational Units in
3		this State. The Evidence-Based Funding formula outlined in
4		this Act is based on the formula outlined in Senate Bill 1
5		of the 100th General Assembly, as passed by both
6		legislative chambers. As further defined and described in
7		this Section, there are 4 major components of the
8		Evidence-Based Funding model:
9		(A) First, the model calculates a unique Adequacy
10		Target for each Organizational Unit in this State that
11		considers the costs to implement research-based
12		activities, the unit's student demographics, and
13		regional wage differences.
14		(B) Second, the model calculates each
15		Organizational Unit's Local Capacity, or the amount
16		each Organizational Unit is assumed to contribute
17		toward its Adequacy Target from local resources.
18		(C) Third, the model calculates how much funding
19		the State currently contributes to the Organizational
20		Unit and adds that to the unit's Local Capacity to
21		determine the unit's overall current adequacy of
22		funding.
23		(D) Finally, the model's distribution method
24		allocates new State funding to those Organizational
25		Units that are least well-funded, considering both
26		Local Capacity and State funding, in relation to their

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1		Adequacy Target.
2		(3) An Organizational Unit receiving any funding under
3		this Section may apply those funds to any fund so received
4		for which that Organizational Unit is authorized to make
5		expenditures by law.
6		(4) As used in this Section, the following terms shall
7		have the meanings ascribed in this paragraph (4):
8		"Adequacy Target" is defined in paragraph (1) of
9		subsection (b) of this Section.
10		"Adjusted EAV" is defined in paragraph (4) of
11		subsection (d) of this Section.
12		"Adjusted Local Capacity Target" is defined in
13		paragraph (3) of subsection (c) of this Section.
14		"Adjusted Operating Tax Rate" means a tax rate for all
15		Organizational Units, for which the State Superintendent
16		shall calculate and subtract for the Operating Tax Rate a
17		transportation rate based on total expenses for
18		transportation services under this Code, as reported on
19		the most recent Annual Financial Report in Pupil
20		Transportation Services, function 2550 in both the
21		Education and Transportation funds and functions 4110 and
22		4120 in the Transportation fund, less any corresponding
23		fiscal year State of Illinois scheduled payments excluding
24		net adjustments for prior years for regular, vocational,
25		or special education transportation reimbursement pursuant
26		to Section 29-5 or subsection (b) of Section 14-13.01 of

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1		this Code divided by the Adjusted EAV. If an
2		Organizational Unit's corresponding fiscal year State of
3		Illinois scheduled payments excluding net adjustments for
4		prior years for regular, vocational, or special education
5		transportation reimbursement pursuant to Section 29-5 or
6		subsection (b) of Section 14-13.01 of this Code exceed the
7		total transportation expenses, as defined in this
8		paragraph, no transportation rate shall be subtracted from
9		the Operating Tax Rate.
10		"Allocation Rate" is defined in paragraph (3) of
11		subsection (g) of this Section.
12		"Alternative School" means a public school that is
13		created and operated by a regional superintendent of
14		schools and approved by the State Board.
15		"Applicable Tax Rate" is defined in paragraph (1) of
16		subsection (d) of this Section.
17		"Assessment" means any of those benchmark, progress
18		monitoring, formative, diagnostic, and other assessments,
19		in addition to the State accountability assessment, that
20		assist teachers' needs in understanding the skills and
21		meeting the needs of the students they serve.
22		"Assistant principal" means a school administrator
23		duly endorsed to be employed as an assistant principal in
24		this State.
25		"At-risk student" means a student who is at risk of
26		not meeting the Illinois Learning Standards or not

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1		graduating from elementary or high school and who
2		demonstrates a need for vocational support or social
3		services beyond that provided by the regular school
4		program. All students included in an Organizational Unit's
5		Low-Income Count, as well as all English learner and
6		disabled students attending the Organizational Unit, shall
7		be considered at-risk students under this Section.
8		"Average Student Enrollment" or "ASE" for fiscal year
9		2018 means, for an Organizational Unit, the greater of the
10		average number of students (grades K through 12) reported
11		to the State Board as enrolled in the Organizational Unit
12		on October 1 in the immediately preceding school year,
13		plus the pre-kindergarten students who receive special
14		education services of 2 or more hours a day as reported to
15		the State Board on December 1 in the immediately preceding
16		school year, or the average number of students (grades K
17		through 12) reported to the State Board as enrolled in the
18		Organizational Unit on October 1, plus the
19		pre-kindergarten students who receive special education
20		services of 2 or more hours a day as reported to the State
21		Board on December 1, for each of the immediately preceding
22		3 school years. For fiscal year 2019 and each subsequent
23		fiscal year, "Average Student Enrollment" or "ASE" means,
24		for an Organizational Unit, the greater of the average
25		number of students (grades K through 12) reported to the
26		State Board as enrolled in the Organizational Unit on

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1		October 1 and March 1 in the immediately preceding school
2		year, plus the pre-kindergarten students who receive
3		special education services as reported to the State Board
4		on October 1 and March 1 in the immediately preceding
5		school year, or the average number of students (grades K
6		through 12) reported to the State Board as enrolled in the
7		Organizational Unit on October 1 and March 1, plus the
8		pre-kindergarten students who receive special education
9		services as reported to the State Board on October 1 and
10		March 1, for each of the immediately preceding 3 school
11		years. For the purposes of this definition, "enrolled in
12		the Organizational Unit" means the number of students
13		reported to the State Board who are enrolled in schools
14		within the Organizational Unit that the student attends or
15		would attend if not placed or transferred to another
16		school or program to receive needed services. For the
17		purposes of calculating "ASE", all students, grades K
18		through 12, excluding those attending kindergarten for a
19		half day and students attending an alternative education
20		program operated by a regional office of education or
21		intermediate service center, shall be counted as 1.0. All
22		students attending kindergarten for a half day shall be
23		counted as 0.5, unless in 2017 by June 15 or by March 1 in
24		subsequent years, the school district reports to the State
25		Board of Education the intent to implement full-day
26		kindergarten district-wide for all students, then all

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1		students attending kindergarten shall be counted as 1.0.
2		Special education pre-kindergarten students shall be
3		counted as 0.5 each. If the State Board does not collect or
4		has not collected both an October 1 and March 1 enrollment
5		count by grade or a December 1 collection of special
6		education pre-kindergarten students as of August 31, 2017
7		(the effective date of Public Act 100-465), it shall
8		establish such collection for all future years. For any
9		year in which a count by grade level was collected only
10		once, that count shall be used as the single count
11		available for computing a 3-year average ASE. Funding for
12		programs operated by a regional office of education or an
13		intermediate service center must be calculated using the
14		Evidence-Based Funding formula under this Section for the
15		2019-2020 school year and each subsequent school year
16		until separate adequacy formulas are developed and adopted
17		for each type of program. ASE for a program operated by a
18		regional office of education or an intermediate service
19		center must be determined by the March 1 enrollment for
20		the program. For the 2019-2020 school year, the ASE used
21		in the calculation must be the first-year ASE and, in that
22		year only, the assignment of students served by a regional
23		office of education or intermediate service center shall
24		not result in a reduction of the March enrollment for any
25		school district. For the 2020-2021 school year, the ASE
26		must be the greater of the current-year ASE or the 2-year

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1		average ASE. Beginning with the 2021-2022 school year, the
2		ASE must be the greater of the current-year ASE or the
3		3-year average ASE. School districts shall submit the data
4		for the ASE calculation to the State Board within 45 days
5		of the dates required in this Section for submission of
6		enrollment data in order for it to be included in the ASE
7		calculation. For fiscal year 2018 only, the ASE
8		calculation shall include only enrollment taken on October
9		1. In recognition of the impact of COVID-19, the
10		definition of "Average Student Enrollment" or "ASE" shall
11		be adjusted for calculations under this Section for fiscal
12		years 2022 through 2024. For fiscal years 2022 through
13		2024, the enrollment used in the calculation of ASE
14		representing the 2020-2021 school year shall be the
15		greater of the enrollment for the 2020-2021 school year or
16		the 2019-2020 school year.
17		"Base Funding Guarantee" is defined in paragraph (10)
18		of subsection (g) of this Section.
19		"Base Funding Minimum" is defined in subsection (e) of
20		this Section.
21		"Base Tax Year" means the property tax levy year used
22		to calculate the Budget Year allocation of primary State
23		aid.
24		"Base Tax Year's Extension" means the product of the
25		equalized assessed valuation utilized by the county clerk
26		in the Base Tax Year multiplied by the limiting rate as

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1		calculated by the county clerk and defined in PTELL.
2		"Bilingual Education Allocation" means the amount of
3		an Organizational Unit's final Adequacy Target
4		attributable to bilingual education divided by the
5		Organizational Unit's final Adequacy Target, the product
6		of which shall be multiplied by the amount of new funding
7		received pursuant to this Section. An Organizational
8		Unit's final Adequacy Target attributable to bilingual
9		education shall include all additional investments in
10		English learner students' adequacy elements.
11		"Budget Year" means the school year for which primary
12		State aid is calculated and awarded under this Section.
13		"Central office" means individual administrators and
14		support service personnel charged with managing the
15		instructional programs, business and operations, and
16		security of the Organizational Unit.
17		"Comparable Wage Index" or "CWI" means a regional cost
18		differentiation metric that measures systemic, regional
19		variations in the salaries of college graduates who are
20		not educators. The CWI utilized for this Section shall,
21		for the first 3 years of Evidence-Based Funding
22		implementation, be the CWI initially developed by the
23		National Center for Education Statistics, as most recently
24		updated by Texas A & M University. In the fourth and
25		subsequent years of Evidence-Based Funding implementation,
26		the State Superintendent shall re-determine the CWI using

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1		a similar methodology to that identified in the Texas A & M
2		University study, with adjustments made no less frequently
3		than once every 5 years.
4		"Computer technology and equipment" means computers
5		servers, notebooks, network equipment, copiers, printers,
6		instructional software, security software, curriculum
7		management courseware, and other similar materials and
8		equipment.
9		"Computer technology and equipment investment
10		allocation" means the final Adequacy Target amount of an
11		Organizational Unit assigned to Tier 1 or Tier 2 in the
12		prior school year attributable to the additional $285.50
13		per student computer technology and equipment investment
14		grant divided by the Organizational Unit's final Adequacy
15		Target, the result of which shall be multiplied by the
16		amount of new funding received pursuant to this Section.
17		An Organizational Unit assigned to a Tier 1 or Tier 2 final
18		Adequacy Target attributable to the received computer
19		technology and equipment investment grant shall include
20		all additional investments in computer technology and
21		equipment adequacy elements.
22		"Core subject" means mathematics; science; reading,
23		English, writing, and language arts; history and social
24		studies; world languages; and subjects taught as Advanced
25		Placement in high schools.
26		"Core teacher" means a regular classroom teacher in

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1		elementary schools and teachers of a core subject in
2		middle and high schools.
3		"Core Intervention teacher (tutor)" means a licensed
4		teacher providing one-on-one or small group tutoring to
5		students struggling to meet proficiency in core subjects.
6		"CPPRT" means corporate personal property replacement
7		tax funds paid to an Organizational Unit during the
8		calendar year one year before the calendar year in which a
9		school year begins, pursuant to "An Act in relation to the
10		abolition of ad valorem personal property tax and the
11		replacement of revenues lost thereby, and amending and
12		repealing certain Acts and parts of Acts in connection
13		therewith", certified August 14, 1979, as amended (Public
14		Act 81-1st S.S.-1).
15		"EAV" means equalized assessed valuation as defined in
16		paragraph (2) of subsection (d) of this Section and
17		calculated in accordance with paragraph (3) of subsection
18		(d) of this Section.
19		"ECI" means the Bureau of Labor Statistics' national
20		employment cost index for civilian workers in educational
21		services in elementary and secondary schools on a
22		cumulative basis for the 12-month calendar year preceding
23		the fiscal year of the Evidence-Based Funding calculation.
24		"EIS Data" means the employment information system
25		data maintained by the State Board on educators within
26		Organizational Units.

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1		"Employee benefits" means health, dental, and vision
2		insurance offered to employees of an Organizational Unit,
3		the costs associated with the statutorily required payment
4		of the normal cost of the Organizational Unit's teacher
5		pensions, Social Security employer contributions, and
6		Illinois Municipal Retirement Fund employer contributions.
7		"English learner" or "EL" means a child included in
8		the definition of "English learners" under Section 14C-2
9		of this Code participating in a program of transitional
10		bilingual education or a transitional program of
11		instruction meeting the requirements and program
12		application procedures of Article 14C of this Code. For
13		the purposes of collecting the number of EL students
14		enrolled, the same collection and calculation methodology
15		as defined above for "ASE" shall apply to English
16		learners, with the exception that EL student enrollment
17		shall include students in grades pre-kindergarten through
18		12.
19		"Essential Elements" means those elements, resources,
20		and educational programs that have been identified through
21		academic research as necessary to improve student success,
22		improve academic performance, close achievement gaps, and
23		provide for other per student costs related to the
24		delivery and leadership of the Organizational Unit, as
25		well as the maintenance and operations of the unit, and
26		which are specified in paragraph (2) of subsection (b) of

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1		this Section.
2		"Evidence-Based Funding" means State funding provided
3		to an Organizational Unit pursuant to this Section.
4		"Extended day" means academic and enrichment programs
5		provided to students outside the regular school day before
6		and after school or during non-instructional times during
7		the school day.
8		"Extension Limitation Ratio" means a numerical ratio
9		in which the numerator is the Base Tax Year's Extension
10		and the denominator is the Preceding Tax Year's Extension.
11		"Final Percent of Adequacy" is defined in paragraph
12		(4) of subsection (f) of this Section.
13		"Final Resources" is defined in paragraph (3) of
14		subsection (f) of this Section.
15		"Full-time equivalent" or "FTE" means the full-time
16		equivalency compensation for staffing the relevant
17		position at an Organizational Unit.
18		"Funding Gap" is defined in paragraph (1) of
19		subsection (g).
20		"Hybrid District" means a partial elementary unit
21		district created pursuant to Article 11E of this Code.
22		"Instructional assistant" means a core or special
23		education, non-licensed employee who assists a teacher in
24		the classroom and provides academic support to students.
25		"Instructional facilitator" means a qualified teacher
26		or licensed teacher leader who facilitates and coaches

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1		continuous improvement in classroom instruction; provides
2		instructional support to teachers in the elements of
3		research-based instruction or demonstrates the alignment
4		of instruction with curriculum standards and assessment
5		tools; develops or coordinates instructional programs or
6		strategies; develops and implements training; chooses
7		standards-based instructional materials; provides
8		teachers with an understanding of current research; serves
9		as a mentor, site coach, curriculum specialist, or lead
10		teacher; or otherwise works with fellow teachers, in
11		collaboration, to use data to improve instructional
12		practice or develop model lessons.
13		"Instructional materials" means relevant
14		instructional materials for student instruction,
15		including, but not limited to, textbooks, consumable
16		workbooks, laboratory equipment, library books, and other
17		similar materials.
18		"Laboratory School" means a public school that is
19		created and operated by a public university and approved
20		by the State Board.
21		"Librarian" means a teacher with an endorsement as a
22		library information specialist or another individual whose
23		primary responsibility is overseeing library resources
24		within an Organizational Unit.
25		"Limiting rate for Hybrid Districts" means the
26		combined elementary school and high school limiting rates.

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1		"Local Capacity" is defined in paragraph (1) of
2		subsection (c) of this Section.
3		"Local Capacity Percentage" is defined in subparagraph
4		(A) of paragraph (2) of subsection (c) of this Section.
5		"Local Capacity Ratio" is defined in subparagraph (B)
6		of paragraph (2) of subsection (c) of this Section.
7		"Local Capacity Target" is defined in paragraph (2) of
8		subsection (c) of this Section.
9		"Low-Income Count" means, for an Organizational Unit
10		in a fiscal year, the higher of the average number of
11		students for the prior school year or the immediately
12		preceding 3 school years who, as of July 1 of the
13		immediately preceding fiscal year (as determined by the
14		Department of Human Services), are eligible for at least
15		one of the following low-income programs: Medicaid, the
16		Children's Health Insurance Program, Temporary Assistance
17		for Needy Families (TANF), or the Supplemental Nutrition
18		Assistance Program, excluding pupils who are eligible for
19		services provided by the Department of Children and Family
20		Services. Until such time that grade level low-income
21		populations become available, grade level low-income
22		populations shall be determined by applying the low-income
23		percentage to total student enrollments by grade level.
24		The low-income percentage is determined by dividing the
25		Low-Income Count by the Average Student Enrollment. The
26		low-income percentage for programs operated by a regional

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1		office of education or an intermediate service center must
2		be set to the weighted average of the low-income
3		percentages of all of the school districts in the service
4		region. The weighted low-income percentage is the result
5		of multiplying the low-income percentage of each school
6		district served by the regional office of education or
7		intermediate service center by each school district's
8		Average Student Enrollment, summarizing those products and
9		dividing the total by the total Average Student Enrollment
10		for the service region.
11		"Maintenance and operations" means custodial services,
12		facility and ground maintenance, facility operations,
13		facility security, routine facility repairs, and other
14		similar services and functions.
15		"Minimum Funding Level" is defined in paragraph (9) of
16		subsection (g) of this Section.
17		"New Property Tax Relief Pool Funds" means, for any
18		given fiscal year, all State funds appropriated under
19		Section 2-3.170 of this Code.
20		"New State Funds" means, for a given school year, all
21		State funds appropriated for Evidence-Based Funding in
22		excess of the amount needed to fund the Base Funding
23		Minimum for all Organizational Units in that school year.
24		"Net State Contribution Target" means, for a given
25		school year, the amount of State funds that would be
26		necessary to fully meet the Adequacy Target of an

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1		Operational Unit minus the Preliminary Resources available
2		to each unit.
3		"Nurse" means an individual licensed as a certified
4		school nurse, in accordance with the rules established for
5		nursing services by the State Board, who is an employee of
6		and is available to provide health care-related services
7		for students of an Organizational Unit.
8		"Operating Tax Rate" means the rate utilized in the
9		previous year to extend property taxes for all purposes,
10		except Bond and Interest, Summer School, Rent, Capital
11		Improvement, and Vocational Education Building purposes.
12		For Hybrid Districts, the Operating Tax Rate shall be the
13		combined elementary and high school rates utilized in the
14		previous year to extend property taxes for all purposes,
15		except Bond and Interest, Summer School, Rent, Capital
16		Improvement, and Vocational Education Building purposes.
17		"Organizational Unit" means a Laboratory School or any
18		public school district that is recognized as such by the
19		State Board and that contains elementary schools typically
20		serving kindergarten through 5th grades, middle schools
21		typically serving 6th through 8th grades, high schools
22		typically serving 9th through 12th grades, a program
23		established under Section 2-3.66 or 2-3.41, or a program
24		operated by a regional office of education or an
25		intermediate service center under Article 13A or 13B. The
26		General Assembly acknowledges that the actual grade levels

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1		served by a particular Organizational Unit may vary
2		slightly from what is typical.
3		"Organizational Unit CWI" is determined by calculating
4		the CWI in the region and original county in which an
5		Organizational Unit's primary administrative office is
6		located as set forth in this paragraph, provided that if
7		the Organizational Unit CWI as calculated in accordance
8		with this paragraph is less than 0.9, the Organizational
9		Unit CWI shall be increased to 0.9. Each county's current
10		CWI value shall be adjusted based on the CWI value of that
11		county's neighboring Illinois counties, to create a
12		"weighted adjusted index value". This shall be calculated
13		by summing the CWI values of all of a county's adjacent
14		Illinois counties and dividing by the number of adjacent
15		Illinois counties, then taking the weighted value of the
16		original county's CWI value and the adjacent Illinois
17		county average. To calculate this weighted value, if the
18		number of adjacent Illinois counties is greater than 2,
19		the original county's CWI value will be weighted at 0.25
20		and the adjacent Illinois county average will be weighted
21		at 0.75. If the number of adjacent Illinois counties is 2,
22		the original county's CWI value will be weighted at 0.33
23		and the adjacent Illinois county average will be weighted
24		at 0.66. The greater of the county's current CWI value and
25		its weighted adjusted index value shall be used as the
26		Organizational Unit CWI.

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1		"Preceding Tax Year" means the property tax levy year
2		immediately preceding the Base Tax Year.
3		"Preceding Tax Year's Extension" means the product of
4		the equalized assessed valuation utilized by the county
5		clerk in the Preceding Tax Year multiplied by the
6		Operating Tax Rate.
7		"Preliminary Percent of Adequacy" is defined in
8		paragraph (2) of subsection (f) of this Section.
9		"Preliminary Resources" is defined in paragraph (2) of
10		subsection (f) of this Section.
11		"Principal" means a school administrator duly endorsed
12		to be employed as a principal in this State.
13		"Professional development" means training programs for
14		licensed staff in schools, including, but not limited to,
15		programs that assist in implementing new curriculum
16		programs, provide data focused or academic assessment data
17		training to help staff identify a student's weaknesses and
18		strengths, target interventions, improve instruction,
19		encompass instructional strategies for English learner,
20		gifted, or at-risk students, address inclusivity, cultural
21		sensitivity, or implicit bias, or otherwise provide
22		professional support for licensed staff.
23		"Prototypical" means 450 special education
24		pre-kindergarten and kindergarten through grade 5 students
25		for an elementary school, 450 grade 6 through 8 students
26		for a middle school, and 600 grade 9 through 12 students

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1		for a high school.
2		"PTELL" means the Property Tax Extension Limitation
3		Law.
4		"PTELL EAV" is defined in paragraph (4) of subsection
5		(d) of this Section.
6		"Pupil support staff" means a nurse, psychologist,
7		social worker, family liaison personnel, or other staff
8		member who provides support to at-risk or struggling
9		students.
10		"Real Receipts" is defined in paragraph (1) of
11		subsection (d) of this Section.
12		"Regionalization Factor" means, for a particular
13		Organizational Unit, the figure derived by dividing the
14		Organizational Unit CWI by the Statewide Weighted CWI.
15		"School counselor" means a licensed school counselor
16		who provides guidance and counseling support for students
17		within an Organizational Unit.
18		"School site staff" means the primary school secretary
19		and any additional clerical personnel assigned to a
20		school.
21		"Special education" means special educational
22		facilities and services, as defined in Section 14-1.08 of
23		this Code.
24		"Special Education Allocation" means the amount of an
25		Organizational Unit's final Adequacy Target attributable
26		to special education divided by the Organizational Unit's

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1		final Adequacy Target, the product of which shall be
2		multiplied by the amount of new funding received pursuant
3		to this Section. An Organizational Unit's final Adequacy
4		Target attributable to special education shall include all
5		special education investment adequacy elements.
6		"Specialist teacher" means a teacher who provides
7		instruction in subject areas not included in core
8		subjects, including, but not limited to, art, music,
9		physical education, health, driver education,
10		career-technical education, and such other subject areas
11		as may be mandated by State law or provided by an
12		Organizational Unit.
13		"Specially Funded Unit" means an Alternative School,
14		safe school, Department of Juvenile Justice school,
15		special education cooperative or entity recognized by the
16		State Board as a special education cooperative,
17		State-approved charter school, or alternative learning
18		opportunities program that received direct funding from
19		the State Board during the 2016-2017 school year through
20		any of the funding sources included within the calculation
21		of the Base Funding Minimum or Glenwood Academy.
22		"Supplemental Grant Funding" means supplemental
23		general State aid funding received by an Organizational
24		Unit during the 2016-2017 school year pursuant to
25		subsection (H) of Section 18-8.05 of this Code (now
26		repealed).

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1		"State Adequacy Level" is the sum of the Adequacy
2		Targets of all Organizational Units.
3		"State Board" means the State Board of Education.
4		"State Superintendent" means the State Superintendent
5		of Education.
6		"Statewide Weighted CWI" means a figure determined by
7		multiplying each Organizational Unit CWI times the ASE for
8		that Organizational Unit creating a weighted value,
9		summing all Organizational Units' weighted values, and
10		dividing by the total ASE of all Organizational Units,
11		thereby creating an average weighted index.
12		"Student activities" means non-credit producing
13		after-school programs, including, but not limited to,
14		clubs, bands, sports, and other activities authorized by
15		the school board of the Organizational Unit.
16		"Substitute teacher" means an individual teacher or
17		teaching assistant who is employed by an Organizational
18		Unit and is temporarily serving the Organizational Unit on
19		a per diem or per period-assignment basis to replace
20		another staff member.
21		"Summer school" means academic and enrichment programs
22		provided to students during the summer months outside of
23		the regular school year.
24		"Supervisory aide" means a non-licensed staff member
25		who helps in supervising students of an Organizational
26		Unit, but does so outside of the classroom, in situations

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1		such as, but not limited to, monitoring hallways and
2		playgrounds, supervising lunchrooms, or supervising
3		students when being transported in buses serving the
4		Organizational Unit.
5		"Target Ratio" is defined in paragraph (4) of
6		subsection (g).
7		"Tier 1", "Tier 2", "Tier 3", and "Tier 4" are defined
8		in paragraph (3) of subsection (g).
9		"Tier 1 Aggregate Funding", "Tier 2 Aggregate
10		Funding", "Tier 3 Aggregate Funding", and "Tier 4
11		Aggregate Funding" are defined in paragraph (1) of
12		subsection (g).
13		(b) Adequacy Target calculation.
14		(1) Each Organizational Unit's Adequacy Target is the
15		sum of the Organizational Unit's cost of providing
16		Essential Elements, as calculated in accordance with this
17		subsection (b), with the salary amounts in the Essential
18		Elements multiplied by a Regionalization Factor calculated
19		pursuant to paragraph (3) of this subsection (b).
20		(2) The Essential Elements are attributable on a pro
21		rata basis related to defined subgroups of the ASE of each
22		Organizational Unit as specified in this paragraph (2),
23		with investments and FTE positions pro rata funded based
24		on ASE counts in excess of or less than the thresholds set
25		forth in this paragraph (2). The method for calculating
26		attributable pro rata costs and the defined subgroups

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1		thereto are as follows:
2		(A) Core class size investments. Each
3		Organizational Unit shall receive the funding required
4		to support that number of FTE core teacher positions
5		as is needed to keep the respective class sizes of the
6		Organizational Unit to the following maximum numbers:
7		(i) For grades kindergarten through 3, the
8		Organizational Unit shall receive funding required
9		to support one FTE core teacher position for every
10		15 Low-Income Count students in those grades and
11		one FTE core teacher position for every 20
12		non-Low-Income Count students in those grades.
13		(ii) For grades 4 through 12, the
14		Organizational Unit shall receive funding required
15		to support one FTE core teacher position for every
16		20 Low-Income Count students in those grades and
17		one FTE core teacher position for every 25
18		non-Low-Income Count students in those grades.
19		The number of non-Low-Income Count students in a
20		grade shall be determined by subtracting the
21		Low-Income students in that grade from the ASE of the
22		Organizational Unit for that grade.
23		(B) Specialist teacher investments. Each
24		Organizational Unit shall receive the funding needed
25		to cover that number of FTE specialist teacher
26		positions that correspond to the following

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1		percentages:
2		(i) if the Organizational Unit operates an
3		elementary or middle school, then 20.00% of the
4		number of the Organizational Unit's core teachers,
5		as determined under subparagraph (A) of this
6		paragraph (2); and
7		(ii) if such Organizational Unit operates a
8		high school, then 33.33% of the number of the
9		Organizational Unit's core teachers.
10		(C) Instructional facilitator investments. Each
11		Organizational Unit shall receive the funding needed
12		to cover one FTE instructional facilitator position
13		for every 200 combined ASE of pre-kindergarten
14		children with disabilities and all kindergarten
15		through grade 12 students of the Organizational Unit.
16		(D) Core intervention teacher (tutor) investments.
17		Each Organizational Unit shall receive the funding
18		needed to cover one FTE teacher position for each
19		prototypical elementary, middle, and high school.
20		(E) Substitute teacher investments. Each
21		Organizational Unit shall receive the funding needed
22		to cover substitute teacher costs that is equal to
23		5.70% of the minimum pupil attendance days required
24		under Section 10-19 of this Code for all full-time
25		equivalent core, specialist, and intervention
26		teachers, school nurses, special education teachers

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1		and instructional assistants, instructional
2		facilitators, and summer school and extended day
3		teacher positions, as determined under this paragraph
4		(2), at a salary rate of 33.33% of the average salary
5		for grade K through 12 teachers and 33.33% of the
6		average salary of each instructional assistant
7		position.
8		(F) Core school counselor investments. Each
9		Organizational Unit shall receive the funding needed
10		to cover one FTE school counselor for each 450
11		combined ASE of pre-kindergarten children with
12		disabilities and all kindergarten through grade 5
13		students, plus one FTE school counselor for each 250
14		grades 6 through 8 ASE middle school students, plus
15		one FTE school counselor for each 250 grades 9 through
16		12 ASE high school students.
17		(G) Nurse investments. Each Organizational Unit
18		shall receive the funding needed to cover one FTE
19		nurse for each 750 combined ASE of pre-kindergarten
20		children with disabilities and all kindergarten
21		through grade 12 students across all grade levels it
22		serves.
23		(H) Supervisory aide investments. Each
24		Organizational Unit shall receive the funding needed
25		to cover one FTE for each 225 combined ASE of
26		pre-kindergarten children with disabilities and all

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1		kindergarten through grade 5 students, plus one FTE
2		for each 225 ASE middle school students, plus one FTE
3		for each 200 ASE high school students.
4		(I) Librarian investments. Each Organizational
5		Unit shall receive the funding needed to cover one FTE
6		librarian for each prototypical elementary school,
7		middle school, and high school and one FTE aide or
8		media technician for every 300 combined ASE of
9		pre-kindergarten children with disabilities and all
10		kindergarten through grade 12 students.
11		(J) Principal investments. Each Organizational
12		Unit shall receive the funding needed to cover one FTE
13		principal position for each prototypical elementary
14		school, plus one FTE principal position for each
15		prototypical middle school, plus one FTE principal
16		position for each prototypical high school.
17		(K) Assistant principal investments. Each
18		Organizational Unit shall receive the funding needed
19		to cover one FTE assistant principal position for each
20		prototypical elementary school, plus one FTE assistant
21		principal position for each prototypical middle
22		school, plus one FTE assistant principal position for
23		each prototypical high school.
24		(L) School site staff investments. Each
25		Organizational Unit shall receive the funding needed
26		for one FTE position for each 225 ASE of

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1		pre-kindergarten children with disabilities and all
2		kindergarten through grade 5 students, plus one FTE
3		position for each 225 ASE middle school students, plus
4		one FTE position for each 200 ASE high school
5		students.
6		(M) Gifted investments. Each Organizational Unit
7		shall receive $40 per kindergarten through grade 12
8		ASE.
9		(N) Professional development investments. Each
10		Organizational Unit shall receive $125 per student of
11		the combined ASE of pre-kindergarten children with
12		disabilities and all kindergarten through grade 12
13		students for trainers and other professional
14		development-related expenses for supplies and
15		materials.
16		(O) Instructional material investments. Each
17		Organizational Unit shall receive $190 per student of
18		the combined ASE of pre-kindergarten children with
19		disabilities and all kindergarten through grade 12
20		students to cover instructional material costs.
21		(P) Assessment investments. Each Organizational
22		Unit shall receive $25 per student of the combined ASE
23		of pre-kindergarten children with disabilities and all
24		kindergarten through grade 12 students to cover
25		assessment costs.
26		(Q) Computer technology and equipment investments.

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1		Each Organizational Unit shall receive $285.50 per
2		student of the combined ASE of pre-kindergarten
3		children with disabilities and all kindergarten
4		through grade 12 students to cover computer technology
5		and equipment costs. For the 2018-2019 school year and
6		subsequent school years, Organizational Units assigned
7		to Tier 1 and Tier 2 in the prior school year shall
8		receive an additional $285.50 per student of the
9		combined ASE of pre-kindergarten children with
10		disabilities and all kindergarten through grade 12
11		students to cover computer technology and equipment
12		costs in the Organizational Unit's Adequacy Target.
13		The State Board may establish additional requirements
14		for Organizational Unit expenditures of funds received
15		pursuant to this subparagraph (Q), including a
16		requirement that funds received pursuant to this
17		subparagraph (Q) may be used only for serving the
18		technology needs of the district. It is the intent of
19		Public Act 100-465 that all Tier 1 and Tier 2 districts
20		receive the addition to their Adequacy Target in the
21		following year, subject to compliance with the
22		requirements of the State Board.
23		(R) Student activities investments. Each
24		Organizational Unit shall receive the following
25		funding amounts to cover student activities: $100 per
26		kindergarten through grade 5 ASE student in elementary

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1		school, plus $200 per ASE student in middle school,
2		plus $675 per ASE student in high school.
3		(S) Maintenance and operations investments. Each
4		Organizational Unit shall receive $1,038 per student
5		of the combined ASE of pre-kindergarten children with
6		disabilities and all kindergarten through grade 12
7		students for day-to-day maintenance and operations
8		expenditures, including salary, supplies, and
9		materials, as well as purchased services, but
10		excluding employee benefits. The proportion of salary
11		for the application of a Regionalization Factor and
12		the calculation of benefits is equal to $352.92.
13		(T) Central office investments. Each
14		Organizational Unit shall receive $742 per student of
15		the combined ASE of pre-kindergarten children with
16		disabilities and all kindergarten through grade 12
17		students to cover central office operations, including
18		administrators and classified personnel charged with
19		managing the instructional programs, business and
20		operations of the school district, and security
21		personnel. The proportion of salary for the
22		application of a Regionalization Factor and the
23		calculation of benefits is equal to $368.48.
24		(U) Employee benefit investments. Each
25		Organizational Unit shall receive 30% of the total of
26		all salary-calculated elements of the Adequacy Target,

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1		excluding substitute teachers and student activities
2		investments, to cover benefit costs. For central
3		office and maintenance and operations investments, the
4		benefit calculation shall be based upon the salary
5		proportion of each investment. If at any time the
6		responsibility for funding the employer normal cost of
7		teacher pensions is assigned to school districts, then
8		that amount certified by the Teachers' Retirement
9		System of the State of Illinois to be paid by the
10		Organizational Unit for the preceding school year
11		shall be added to the benefit investment. For any
12		fiscal year in which a school district organized under
13		Article 34 of this Code is responsible for paying the
14		employer normal cost of teacher pensions, then that
15		amount of its employer normal cost plus the amount for
16		retiree health insurance as certified by the Public
17		School Teachers' Pension and Retirement Fund of
18		Chicago to be paid by the school district for the
19		preceding school year that is statutorily required to
20		cover employer normal costs and the amount for retiree
21		health insurance shall be added to the 30% specified
22		in this subparagraph (U). The Teachers' Retirement
23		System of the State of Illinois and the Public School
24		Teachers' Pension and Retirement Fund of Chicago shall
25		submit such information as the State Superintendent
26		may require for the calculations set forth in this

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1		subparagraph (U).
2		(V) Additional investments in low-income students.
3		In addition to and not in lieu of all other funding
4		under this paragraph (2), each Organizational Unit
5		shall receive funding based on the average teacher
6		salary for grades K through 12 to cover the costs of:
7		(i) one FTE intervention teacher (tutor)
8		position for every 125 Low-Income Count students;
9		(ii) one FTE pupil support staff position for
10		every 125 Low-Income Count students;
11		(iii) one FTE extended day teacher position
12		for every 120 Low-Income Count students; and
13		(iv) one FTE summer school teacher position
14		for every 120 Low-Income Count students.
15		(W) Additional investments in English learner
16		students. In addition to and not in lieu of all other
17		funding under this paragraph (2), each Organizational
18		Unit shall receive funding based on the average
19		teacher salary for grades K through 12 to cover the
20		costs of:
21		(i) one FTE intervention teacher (tutor)
22		position for every 125 English learner students;
23		(ii) one FTE pupil support staff position for
24		every 125 English learner students;
25		(iii) one FTE extended day teacher position
26		for every 120 English learner students;

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1		(iv) one FTE summer school teacher position
2		for every 120 English learner students; and
3		(v) one FTE core teacher position for every
4		100 English learner students.
5		(X) Special education investments. Each
6		Organizational Unit shall receive funding based on the
7		average teacher salary for grades K through 12 to
8		cover special education as follows:
9		(i) one FTE teacher position for every 141
10		combined ASE of pre-kindergarten children with
11		disabilities and all kindergarten through grade 12
12		students;
13		(ii) one FTE instructional assistant for every
14		141 combined ASE of pre-kindergarten children with
15		disabilities and all kindergarten through grade 12
16		students; and
17		(iii) one FTE psychologist position for every
18		1,000 combined ASE of pre-kindergarten children
19		with disabilities and all kindergarten through
20		grade 12 students.
21		(3) For calculating the salaries included within the
22		Essential Elements, the State Superintendent shall
23		annually calculate average salaries to the nearest dollar
24		using the employment information system data maintained by
25		the State Board, limited to public schools only and
26		excluding special education and vocational cooperatives,

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1		schools operated by the Department of Juvenile Justice,
2		and charter schools, for the following positions:
3		(A) Teacher for grades K through 8.
4		(B) Teacher for grades 9 through 12.
5		(C) Teacher for grades K through 12.
6		(D) School counselor for grades K through 8.
7		(E) School counselor for grades 9 through 12.
8		(F) School counselor for grades K through 12.
9		(G) Social worker.
10		(H) Psychologist.
11		(I) Librarian.
12		(J) Nurse.
13		(K) Principal.
14		(L) Assistant principal.
15		For the purposes of this paragraph (3), "teacher"
16		includes core teachers, specialist and elective teachers,
17		instructional facilitators, tutors, special education
18		teachers, pupil support staff teachers, English learner
19		teachers, extended day teachers, and summer school
20		teachers. Where specific grade data is not required for
21		the Essential Elements, the average salary for
22		corresponding positions shall apply. For substitute
23		teachers, the average teacher salary for grades K through
24		12 shall apply.
25		For calculating the salaries included within the
26		Essential Elements for positions not included within EIS

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1		Data, the following salaries shall be used in the first
2		year of implementation of Evidence-Based Funding:
3		(i) school site staff, $30,000; and
4		(ii) non-instructional assistant, instructional
5		assistant, library aide, library media tech, or
6		supervisory aide: $25,000.
7		In the second and subsequent years of implementation
8		of Evidence-Based Funding, the amounts in items (i) and
9		(ii) of this paragraph (3) shall annually increase by the
10		ECI.
11		The salary amounts for the Essential Elements
12		determined pursuant to subparagraphs (A) through (L), (S)
13		and (T), and (V) through (X) of paragraph (2) of
14		subsection (b) of this Section shall be multiplied by a
15		Regionalization Factor.
16		(c) Local Capacity calculation.
17		(1) Each Organizational Unit's Local Capacity
18		represents an amount of funding it is assumed to
19		contribute toward its Adequacy Target for purposes of the
20		Evidence-Based Funding formula calculation. "Local
21		Capacity" means either (i) the Organizational Unit's Local
22		Capacity Target as calculated in accordance with paragraph
23		(2) of this subsection (c) if its Real Receipts are equal
24		to or less than its Local Capacity Target or (ii) the
25		Organizational Unit's Adjusted Local Capacity, as
26		calculated in accordance with paragraph (3) of this

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1		subsection (c) if Real Receipts are more than its Local
2		Capacity Target.
3		(2) "Local Capacity Target" means, for an
4		Organizational Unit, that dollar amount that is obtained
5		by multiplying its Adequacy Target by its Local Capacity
6		Ratio.
7		(A) An Organizational Unit's Local Capacity
8		Percentage is the conversion of the Organizational
9		Unit's Local Capacity Ratio, as such ratio is
10		determined in accordance with subparagraph (B) of this
11		paragraph (2), into a cumulative distribution
12		resulting in a percentile ranking to determine each
13		Organizational Unit's relative position to all other
14		Organizational Units in this State. The calculation of
15		Local Capacity Percentage is described in subparagraph
16		(C) of this paragraph (2).
17		(B) An Organizational Unit's Local Capacity Ratio
18		in a given year is the percentage obtained by dividing
19		its Adjusted EAV or PTELL EAV, whichever is less, by
20		its Adequacy Target, with the resulting ratio further
21		adjusted as follows:
22		(i) for Organizational Units serving grades
23		kindergarten through 12 and Hybrid Districts, no
24		further adjustments shall be made;
25		(ii) for Organizational Units serving grades
26		kindergarten through 8, the ratio shall be

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1		multiplied by 9/13;
2		(iii) for Organizational Units serving grades
3		9 through 12, the Local Capacity Ratio shall be
4		multiplied by 4/13; and
5		(iv) for an Organizational Unit with a
6		different grade configuration than those specified
7		in items (i) through (iii) of this subparagraph
8		(B), the State Superintendent shall determine a
9		comparable adjustment based on the grades served.
10		(C) The Local Capacity Percentage is equal to the
11		percentile ranking of the district. Local Capacity
12		Percentage converts each Organizational Unit's Local
13		Capacity Ratio to a cumulative distribution resulting
14		in a percentile ranking to determine each
15		Organizational Unit's relative position to all other
16		Organizational Units in this State. The Local Capacity
17		Percentage cumulative distribution resulting in a
18		percentile ranking for each Organizational Unit shall
19		be calculated using the standard normal distribution
20		of the score in relation to the weighted mean and
21		weighted standard deviation and Local Capacity Ratios
22		of all Organizational Units. If the value assigned to
23		any Organizational Unit is in excess of 90%, the value
24		shall be adjusted to 90%. For Laboratory Schools, the
25		Local Capacity Percentage shall be set at 10% in
26		recognition of the absence of EAV and resources from

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1		the public university that are allocated to the
2		Laboratory School. For programs operated by a regional
3		office of education or an intermediate service center,
4		the Local Capacity Percentage must be set at 10% in
5		recognition of the absence of EAV and resources from
6		school districts that are allocated to the regional
7		office of education or intermediate service center.
8		The weighted mean for the Local Capacity Percentage
9		shall be determined by multiplying each Organizational
10		Unit's Local Capacity Ratio times the ASE for the unit
11		creating a weighted value, summing the weighted values
12		of all Organizational Units, and dividing by the total
13		ASE of all Organizational Units. The weighted standard
14		deviation shall be determined by taking the square
15		root of the weighted variance of all Organizational
16		Units' Local Capacity Ratio, where the variance is
17		calculated by squaring the difference between each
18		unit's Local Capacity Ratio and the weighted mean,
19		then multiplying the variance for each unit times the
20		ASE for the unit to create a weighted variance for each
21		unit, then summing all units' weighted variance and
22		dividing by the total ASE of all units.
23		(D) For any Organizational Unit, the
24		Organizational Unit's Adjusted Local Capacity Target
25		shall be reduced by either (i) the school board's
26		remaining contribution pursuant to paragraph (ii) of

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1		subsection (b-4) of Section 16-158 of the Illinois
2		Pension Code in a given year or (ii) the board of
3		education's remaining contribution pursuant to
4		paragraph (iv) of subsection (b) of Section 17-129 of
5		the Illinois Pension Code absent the employer normal
6		cost portion of the required contribution and amount
7		allowed pursuant to subdivision (3) of Section
8		17-142.1 of the Illinois Pension Code in a given year.
9		In the preceding sentence, item (i) shall be certified
10		to the State Board of Education by the Teachers'
11		Retirement System of the State of Illinois and item
12		(ii) shall be certified to the State Board of
13		Education by the Public School Teachers' Pension and
14		Retirement Fund of the City of Chicago.
15		(3) If an Organizational Unit's Real Receipts are more
16		than its Local Capacity Target, then its Local Capacity
17		shall equal an Adjusted Local Capacity Target as
18		calculated in accordance with this paragraph (3). The
19		Adjusted Local Capacity Target is calculated as the sum of
20		the Organizational Unit's Local Capacity Target and its
21		Real Receipts Adjustment. The Real Receipts Adjustment
22		equals the Organizational Unit's Real Receipts less its
23		Local Capacity Target, with the resulting figure
24		multiplied by the Local Capacity Percentage.
25		As used in this paragraph (3), "Real Percent of
26		Adequacy" means the sum of an Organizational Unit's Real

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1		Receipts, CPPRT, and Base Funding Minimum, with the
2		resulting figure divided by the Organizational Unit's
3		Adequacy Target.
4		(d) Calculation of Real Receipts, EAV, and Adjusted EAV
5		for purposes of the Local Capacity calculation.
6		(1) An Organizational Unit's Real Receipts are the
7		product of its Applicable Tax Rate and its Adjusted EAV.
8		An Organizational Unit's Applicable Tax Rate is its
9		Adjusted Operating Tax Rate for property within the
10		Organizational Unit.
11		(2) The State Superintendent shall calculate the
12		equalized assessed valuation, or EAV, of all taxable
13		property of each Organizational Unit as of September 30 of
14		the previous year in accordance with paragraph (3) of this
15		subsection (d). The State Superintendent shall then
16		determine the Adjusted EAV of each Organizational Unit in
17		accordance with paragraph (4) of this subsection (d),
18		which Adjusted EAV figure shall be used for the purposes
19		of calculating Local Capacity.
20		(3) To calculate Real Receipts and EAV, the Department
21		of Revenue shall supply to the State Superintendent the
22		value as equalized or assessed by the Department of
23		Revenue of all taxable property of every Organizational
24		Unit, together with (i) the applicable tax rate used in
25		extending taxes for the funds of the Organizational Unit
26		as of September 30 of the previous year and (ii) the

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1		limiting rate for all Organizational Units subject to
2		property tax extension limitations as imposed under PTELL.
3		(A) The Department of Revenue shall add to the
4		equalized assessed value of all taxable property of
5		each Organizational Unit situated entirely or
6		partially within a county that is or was subject to the
7		provisions of Section 15-176 or 15-177 of the Property
8		Tax Code (i) an amount equal to the total amount by
9		which the homestead exemption allowed under Section
10		15-176 or 15-177 of the Property Tax Code for real
11		property situated in that Organizational Unit exceeds
12		the total amount that would have been allowed in that
13		Organizational Unit if the maximum reduction under
14		Section 15-176 was (I) $4,500 in Cook County or $3,500
15		in all other counties in tax year 2003 or (II) $5,000
16		in all counties in tax year 2004 and thereafter and
17		(ii) an amount equal to the aggregate amount for the
18		taxable year of all additional exemptions under
19		Section 15-175 of the Property Tax Code for owners
20		with a household income of $30,000 or less. The county
21		clerk of any county that is or was subject to the
22		provisions of Section 15-176 or 15-177 of the Property
23		Tax Code shall annually calculate and certify to the
24		Department of Revenue for each Organizational Unit all
25		homestead exemption amounts under Section 15-176 or
26		15-177 of the Property Tax Code and all amounts of

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1		additional exemptions under Section 15-175 of the
2		Property Tax Code for owners with a household income
3		of $30,000 or less. It is the intent of this
4		subparagraph (A) that if the general homestead
5		exemption for a parcel of property is determined under
6		Section 15-176 or 15-177 of the Property Tax Code
7		rather than Section 15-175, then the calculation of
8		EAV shall not be affected by the difference, if any,
9		between the amount of the general homestead exemption
10		allowed for that parcel of property under Section
11		15-176 or 15-177 of the Property Tax Code and the
12		amount that would have been allowed had the general
13		homestead exemption for that parcel of property been
14		determined under Section 15-175 of the Property Tax
15		Code. It is further the intent of this subparagraph
16		(A) that if additional exemptions are allowed under
17		Section 15-175 of the Property Tax Code for owners
18		with a household income of less than $30,000, then the
19		calculation of EAV shall not be affected by the
20		difference, if any, because of those additional
21		exemptions.
22		(B) With respect to any part of an Organizational
23		Unit within a redevelopment project area in respect to
24		which a municipality has adopted tax increment
25		allocation financing pursuant to the Tax Increment
26		Allocation Redevelopment Act, Division 74.4 of Article

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1		11 of the Illinois Municipal Code, or the Industrial
2		Jobs Recovery Law, Division 74.6 of Article 11 of the
3		Illinois Municipal Code, no part of the current EAV of
4		real property located in any such project area that is
5		attributable to an increase above the total initial
6		EAV of such property shall be used as part of the EAV
7		of the Organizational Unit, until such time as all
8		redevelopment project costs have been paid, as
9		provided in Section 11-74.4-8 of the Tax Increment
10		Allocation Redevelopment Act or in Section 11-74.6-35
11		of the Industrial Jobs Recovery Law. For the purpose
12		of the EAV of the Organizational Unit, the total
13		initial EAV or the current EAV, whichever is lower,
14		shall be used until such time as all redevelopment
15		project costs have been paid.
16		(B-5) The real property equalized assessed
17		valuation for a school district shall be adjusted by
18		subtracting from the real property value, as equalized
19		or assessed by the Department of Revenue, for the
20		district an amount computed by dividing the amount of
21		any abatement of taxes under Section 18-170 of the
22		Property Tax Code by 3.00% for a district maintaining
23		grades kindergarten through 12, by 2.30% for a
24		district maintaining grades kindergarten through 8, or
25		by 1.05% for a district maintaining grades 9 through
26		12 and adjusted by an amount computed by dividing the

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1		amount of any abatement of taxes under subsection (a)
2		of Section 18-165 of the Property Tax Code by the same
3		percentage rates for district type as specified in
4		this subparagraph (B-5).
5		(C) For Organizational Units that are Hybrid
6		Districts, the State Superintendent shall use the
7		lesser of the adjusted equalized assessed valuation
8		for property within the partial elementary unit
9		district for elementary purposes, as defined in
10		Article 11E of this Code, or the adjusted equalized
11		assessed valuation for property within the partial
12		elementary unit district for high school purposes, as
13		defined in Article 11E of this Code.
14		(4) An Organizational Unit's Adjusted EAV shall be the
15		average of its EAV over the immediately preceding 3 years
16		or its EAV in the immediately preceding year if the EAV in
17		the immediately preceding year has declined by 10% or more
18		compared to the 3-year average. In the event of
19		Organizational Unit reorganization, consolidation, or
20		annexation, the Organizational Unit's Adjusted EAV for the
21		first 3 years after such change shall be as follows: the
22		most current EAV shall be used in the first year, the
23		average of a 2-year EAV or its EAV in the immediately
24		preceding year if the EAV declines by 10% or more compared
25		to the 2-year average for the second year, and a 3-year
26		average EAV or its EAV in the immediately preceding year

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1		if the Adjusted EAV declines by 10% or more compared to the
2		3-year average for the third year. For any school district
3		whose EAV in the immediately preceding year is used in
4		calculations, in the following year, the Adjusted EAV
5		shall be the average of its EAV over the immediately
6		preceding 2 years or the immediately preceding year if
7		that year represents a decline of 10% or more compared to
8		the 2-year average.
9		"PTELL EAV" means a figure calculated by the State
10		Board for Organizational Units subject to PTELL as
11		described in this paragraph (4) for the purposes of
12		calculating an Organizational Unit's Local Capacity Ratio.
13		Except as otherwise provided in this paragraph (4), the
14		PTELL EAV of an Organizational Unit shall be equal to the
15		product of the equalized assessed valuation last used in
16		the calculation of general State aid under Section 18-8.05
17		of this Code (now repealed) or Evidence-Based Funding
18		under this Section and the Organizational Unit's Extension
19		Limitation Ratio. If an Organizational Unit has approved
20		or does approve an increase in its limiting rate, pursuant
21		to Section 18-190 of the Property Tax Code, affecting the
22		Base Tax Year, the PTELL EAV shall be equal to the product
23		of the equalized assessed valuation last used in the
24		calculation of general State aid under Section 18-8.05 of
25		this Code (now repealed) or Evidence-Based Funding under
26		this Section multiplied by an amount equal to one plus the

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1		percentage increase, if any, in the Consumer Price Index
2		for All Urban Consumers for all items published by the
3		United States Department of Labor for the 12-month
4		calendar year preceding the Base Tax Year, plus the
5		equalized assessed valuation of new property, annexed
6		property, and recovered tax increment value and minus the
7		equalized assessed valuation of disconnected property.
8		As used in this paragraph (4), "new property" and
9		"recovered tax increment value" shall have the meanings
10		set forth in the Property Tax Extension Limitation Law.
11		(e) Base Funding Minimum calculation.
12		(1) For the 2017-2018 school year, the Base Funding
13		Minimum of an Organizational Unit or a Specially Funded
14		Unit shall be the amount of State funds distributed to the
15		Organizational Unit or Specially Funded Unit during the
16		2016-2017 school year prior to any adjustments and
17		specified appropriation amounts described in this
18		paragraph (1) from the following Sections, as calculated
19		by the State Superintendent: Section 18-8.05 of this Code
20		(now repealed); Section 5 of Article 224 of Public Act
21		99-524 (equity grants); Section 14-7.02b of this Code
22		(funding for children requiring special education
23		services); Section 14-13.01 of this Code (special
24		education facilities and staffing), except for
25		reimbursement of the cost of transportation pursuant to
26		Section 14-13.01; Section 14C-12 of this Code (English

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1		learners); and Section 18-4.3 of this Code (summer
2		school), based on an appropriation level of $13,121,600.
3		For a school district organized under Article 34 of this
4		Code, the Base Funding Minimum also includes (i) the funds
5		allocated to the school district pursuant to Section 1D-1
6		of this Code attributable to funding programs authorized
7		by the Sections of this Code listed in the preceding
8		sentence and (ii) the difference between (I) the funds
9		allocated to the school district pursuant to Section 1D-1
10		of this Code attributable to the funding programs
11		authorized by Section 14-7.02 (non-public special
12		education reimbursement), subsection (b) of Section
13		14-13.01 (special education transportation), Section 29-5
14		(transportation), Section 2-3.80 (agricultural
15		education), Section 2-3.66 (truants' alternative
16		education), Section 2-3.62 (educational service centers),
17		and Section 14-7.03 (special education - orphanage) of
18		this Code and Section 15 of the Childhood Hunger Relief
19		Act (free breakfast program) and (II) the school
20		district's actual expenditures for its non-public special
21		education, special education transportation,
22		transportation programs, agricultural education, truants'
23		alternative education, services that would otherwise be
24		performed by a regional office of education, special
25		education orphanage expenditures, and free breakfast, as
26		most recently calculated and reported pursuant to

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1		subsection (f) of Section 1D-1 of this Code. The Base
2		Funding Minimum for Glenwood Academy shall be $625,500.
3		For programs operated by a regional office of education or
4		an intermediate service center, the Base Funding Minimum
5		must be the total amount of State funds allocated to those
6		programs in the 2018-2019 school year and amounts provided
7		pursuant to Article 34 of Public Act 100-586 and Section
8		3-16 of this Code. All programs established after June 5,
9		2019 (the effective date of Public Act 101-10) and
10		administered by a regional office of education or an
11		intermediate service center must have an initial Base
12		Funding Minimum set to an amount equal to the first-year
13		ASE multiplied by the amount of per pupil funding received
14		in the previous school year by the lowest funded similar
15		existing program type. If the enrollment for a program
16		operated by a regional office of education or an
17		intermediate service center is zero, then it may not
18		receive Base Funding Minimum funds for that program in the
19		next fiscal year, and those funds must be distributed to
20		Organizational Units under subsection (g).
21		(2) For the 2018-2019 and subsequent school years, the
22		Base Funding Minimum of Organizational Units and Specially
23		Funded Units shall be the sum of (i) the amount of
24		Evidence-Based Funding for the prior school year, (ii) the
25		Base Funding Minimum for the prior school year, and (iii)
26		any amount received by a school district pursuant to

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1		Section 7 of Article 97 of Public Act 100-21.
2		For the 2022-2023 school year, the Base Funding
3		Minimum of Organizational Units shall be the amounts
4		recalculated by the State Board of Education for Fiscal
5		Year 2019 through Fiscal Year 2022 that were necessary due
6		to average student enrollment errors for districts
7		organized under Article 34 of this Code, plus the Fiscal
8		Year 2022 property tax relief grants provided under
9		Section 2-3.170 of this Code, ensuring each Organizational
10		Unit has the correct amount of resources for Fiscal Year
11		2023 Evidence-Based Funding calculations and that Fiscal
12		Year 2023 Evidence-Based Funding Distributions are made in
13		accordance with this Section.
14		(3) Subject to approval by the General Assembly as
15		provided in this paragraph (3), an Organizational Unit
16		that meets all of the following criteria, as determined by
17		the State Board, shall have District Intervention Money
18		added to its Base Funding Minimum at the time the Base
19		Funding Minimum is calculated by the State Board:
20		(A) The Organizational Unit is operating under an
21		Independent Authority under Section 2-3.25f-5 of this
22		Code for a minimum of 4 school years or is subject to
23		the control of the State Board pursuant to a court
24		order for a minimum of 4 school years.
25		(B) The Organizational Unit was designated as a
26		Tier 1 or Tier 2 Organizational Unit in the previous

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1		school year under paragraph (3) of subsection (g) of
2		this Section.
3		(C) The Organizational Unit demonstrates
4		sustainability through a 5-year financial and
5		strategic plan.
6		(D) The Organizational Unit has made sufficient
7		progress and achieved sufficient stability in the
8		areas of governance, academic growth, and finances.
9		As part of its determination under this paragraph (3),
10		the State Board may consider the Organizational Unit's
11		summative designation, any accreditations of the
12		Organizational Unit, or the Organizational Unit's
13		financial profile, as calculated by the State Board.
14		If the State Board determines that an Organizational
15		Unit has met the criteria set forth in this paragraph (3),
16		it must submit a report to the General Assembly, no later
17		than January 2 of the fiscal year in which the State Board
18		makes it determination, on the amount of District
19		Intervention Money to add to the Organizational Unit's
20		Base Funding Minimum. The General Assembly must review the
21		State Board's report and may approve or disapprove, by
22		joint resolution, the addition of District Intervention
23		Money. If the General Assembly fails to act on the report
24		within 40 calendar days from the receipt of the report,
25		the addition of District Intervention Money is deemed
26		approved. If the General Assembly approves the amount of

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1		District Intervention Money to be added to the
2		Organizational Unit's Base Funding Minimum, the District
3		Intervention Money must be added to the Base Funding
4		Minimum annually thereafter.
5		For the first 4 years following the initial year that
6		the State Board determines that an Organizational Unit has
7		met the criteria set forth in this paragraph (3) and has
8		received funding under this Section, the Organizational
9		Unit must annually submit to the State Board, on or before
10		November 30, a progress report regarding its financial and
11		strategic plan under subparagraph (C) of this paragraph
12		(3). The plan shall include the financial data from the
13		past 4 annual financial reports or financial audits that
14		must be presented to the State Board by November 15 of each
15		year and the approved budget financial data for the
16		current year. The plan shall be developed according to the
17		guidelines presented to the Organizational Unit by the
18		State Board. The plan shall further include financial
19		projections for the next 3 fiscal years and include a
20		discussion and financial summary of the Organizational
21		Unit's facility needs. If the Organizational Unit does not
22		demonstrate sufficient progress toward its 5-year plan or
23		if it has failed to file an annual financial report, an
24		annual budget, a financial plan, a deficit reduction plan,
25		or other financial information as required by law, the
26		State Board may establish a Financial Oversight Panel

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1		under Article 1H of this Code. However, if the
2		Organizational Unit already has a Financial Oversight
3		Panel, the State Board may extend the duration of the
4		Panel.
5		(f) Percent of Adequacy and Final Resources calculation.
6		(1) The Evidence-Based Funding formula establishes a
7		Percent of Adequacy for each Organizational Unit in order
8		to place such units into tiers for the purposes of the
9		funding distribution system described in subsection (g) of
10		this Section. Initially, an Organizational Unit's
11		Preliminary Resources and Preliminary Percent of Adequacy
12		are calculated pursuant to paragraph (2) of this
13		subsection (f). Then, an Organizational Unit's Final
14		Resources and Final Percent of Adequacy are calculated to
15		account for the Organizational Unit's poverty
16		concentration levels pursuant to paragraphs (3) and (4) of
17		this subsection (f).
18		(2) An Organizational Unit's Preliminary Resources are
19		equal to the sum of its Local Capacity Target, CPPRT, and
20		Base Funding Minimum. An Organizational Unit's Preliminary
21		Percent of Adequacy is the lesser of (i) its Preliminary
22		Resources divided by its Adequacy Target or (ii) 100%.
23		(3) Except for Specially Funded Units, an
24		Organizational Unit's Final Resources are equal to the sum
25		of its Local Capacity, CPPRT, and Adjusted Base Funding
26		Minimum. The Base Funding Minimum of each Specially Funded

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1		Unit shall serve as its Final Resources, except that the
2		Base Funding Minimum for State-approved charter schools
3		shall not include any portion of general State aid
4		allocated in the prior year based on the per capita
5		tuition charge times the charter school enrollment.
6		(4) An Organizational Unit's Final Percent of Adequacy
7		is its Final Resources divided by its Adequacy Target. An
8		Organizational Unit's Adjusted Base Funding Minimum is
9		equal to its Base Funding Minimum less its Supplemental
10		Grant Funding, with the resulting figure added to the
11		product of its Supplemental Grant Funding and Preliminary
12		Percent of Adequacy.
13		(g) Evidence-Based Funding formula distribution system.
14		(1) In each school year under the Evidence-Based
15		Funding formula, each Organizational Unit receives funding
16		equal to the sum of its Base Funding Minimum and the unit's
17		allocation of New State Funds determined pursuant to this
18		subsection (g). To allocate New State Funds, the
19		Evidence-Based Funding formula distribution system first
20		places all Organizational Units into one of 4 tiers in
21		accordance with paragraph (3) of this subsection (g),
22		based on the Organizational Unit's Final Percent of
23		Adequacy. New State Funds are allocated to each of the 4
24		tiers as follows: Tier 1 Aggregate Funding equals 50% of
25		all New State Funds, Tier 2 Aggregate Funding equals 49%
26		of all New State Funds, Tier 3 Aggregate Funding equals

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1		0.9% of all New State Funds, and Tier 4 Aggregate Funding
2		equals 0.1% of all New State Funds. Each Organizational
3		Unit within Tier 1 or Tier 2 receives an allocation of New
4		State Funds equal to its tier Funding Gap, as defined in
5		the following sentence, multiplied by the tier's
6		Allocation Rate determined pursuant to paragraph (4) of
7		this subsection (g). For Tier 1, an Organizational Unit's
8		Funding Gap equals the tier's Target Ratio, as specified
9		in paragraph (5) of this subsection (g), multiplied by the
10		Organizational Unit's Adequacy Target, with the resulting
11		amount reduced by the Organizational Unit's Final
12		Resources. For Tier 2, an Organizational Unit's Funding
13		Gap equals the tier's Target Ratio, as described in
14		paragraph (5) of this subsection (g), multiplied by the
15		Organizational Unit's Adequacy Target, with the resulting
16		amount reduced by the Organizational Unit's Final
17		Resources and its Tier 1 funding allocation. To determine
18		the Organizational Unit's Funding Gap, the resulting
19		amount is then multiplied by a factor equal to one minus
20		the Organizational Unit's Local Capacity Target
21		percentage. Each Organizational Unit within Tier 3 or Tier
22		4 receives an allocation of New State Funds equal to the
23		product of its Adequacy Target and the tier's Allocation
24		Rate, as specified in paragraph (4) of this subsection
25		(g).
26		(2) To ensure equitable distribution of dollars for

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1		all Tier 2 Organizational Units, no Tier 2 Organizational
2		Unit shall receive fewer dollars per ASE than any Tier 3
3		Organizational Unit. Each Tier 2 and Tier 3 Organizational
4		Unit shall have its funding allocation divided by its ASE.
5		Any Tier 2 Organizational Unit with a funding allocation
6		per ASE below the greatest Tier 3 allocation per ASE shall
7		get a funding allocation equal to the greatest Tier 3
8		funding allocation per ASE multiplied by the
9		Organizational Unit's ASE. Each Tier 2 Organizational
10		Unit's Tier 2 funding allocation shall be multiplied by
11		the percentage calculated by dividing the original Tier 2
12		Aggregate Funding by the sum of all Tier 2 Organizational
13		Units' Tier 2 funding allocation after adjusting
14		districts' funding below Tier 3 levels.
15		(3) Organizational Units are placed into one of 4
16		tiers as follows:
17		(A) Tier 1 consists of all Organizational Units,
18		except for Specially Funded Units, with a Percent of
19		Adequacy less than the Tier 1 Target Ratio. The Tier 1
20		Target Ratio is the ratio level that allows for Tier 1
21		Aggregate Funding to be distributed, with the Tier 1
22		Allocation Rate determined pursuant to paragraph (4)
23		of this subsection (g).
24		(B) Tier 2 consists of all Tier 1 Units and all
25		other Organizational Units, except for Specially
26		Funded Units, with a Percent of Adequacy of less than

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1		0.90.
2		(C) Tier 3 consists of all Organizational Units,
3		except for Specially Funded Units, with a Percent of
4		Adequacy of at least 0.90 and less than 1.0.
5		(D) Tier 4 consists of all Organizational Units
6		with a Percent of Adequacy of at least 1.0.
7		(4) The Allocation Rates for Tiers 1 through 4 are
8		determined as follows:
9		(A) The Tier 1 Allocation Rate is 30%.
10		(B) The Tier 2 Allocation Rate is the result of the
11		following equation: Tier 2 Aggregate Funding, divided
12		by the sum of the Funding Gaps for all Tier 2
13		Organizational Units, unless the result of such
14		equation is higher than 1.0. If the result of such
15		equation is higher than 1.0, then the Tier 2
16		Allocation Rate is 1.0.
17		(C) The Tier 3 Allocation Rate is the result of the
18		following equation: Tier 3 Aggregate Funding, divided
19		by the sum of the Adequacy Targets of all Tier 3
20		Organizational Units.
21		(D) The Tier 4 Allocation Rate is the result of the
22		following equation: Tier 4 Aggregate Funding, divided
23		by the sum of the Adequacy Targets of all Tier 4
24		Organizational Units.
25		(5) A tier's Target Ratio is determined as follows:
26		(A) The Tier 1 Target Ratio is the ratio level that

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1		allows for Tier 1 Aggregate Funding to be distributed
2		with the Tier 1 Allocation Rate.
3		(B) The Tier 2 Target Ratio is 0.90.
4		(C) The Tier 3 Target Ratio is 1.0.
5		(6) If, at any point, the Tier 1 Target Ratio is
6		greater than 90%, then all Tier 1 funding shall be
7		allocated to Tier 2 and no Tier 1 Organizational Unit's
8		funding may be identified.
9		(7) In the event that all Tier 2 Organizational Units
10		receive funding at the Tier 2 Target Ratio level, any
11		remaining New State Funds shall be allocated to Tier 3 and
12		Tier 4 Organizational Units.
13		(8) If any Specially Funded Units, excluding Glenwood
14		Academy, recognized by the State Board do not qualify for
15		direct funding following the implementation of Public Act
16		100-465 from any of the funding sources included within
17		the definition of Base Funding Minimum, the unqualified
18		portion of the Base Funding Minimum shall be transferred
19		to one or more appropriate Organizational Units as
20		determined by the State Superintendent based on the prior
21		year ASE of the Organizational Units.
22		(8.5) If a school district withdraws from a special
23		education cooperative, the portion of the Base Funding
24		Minimum that is attributable to the school district may be
25		redistributed to the school district upon withdrawal. The
26		school district and the cooperative must include the

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1		amount of the Base Funding Minimum that is to be
2		reapportioned in their withdrawal agreement and notify the
3		State Board of the change with a copy of the agreement upon
4		withdrawal.
5		(9) The Minimum Funding Level is intended to establish
6		a target for State funding that will keep pace with
7		inflation and continue to advance equity through the
8		Evidence-Based Funding formula. The target for State
9		funding of New Property Tax Relief Pool Funds is
10		$50,000,000 for State fiscal year 2019 and subsequent
11		State fiscal years. The Minimum Funding Level is equal to
12		$350,000,000. In addition to any New State Funds, no more
13		than $50,000,000 New Property Tax Relief Pool Funds may be
14		counted toward the Minimum Funding Level. If the sum of
15		New State Funds and applicable New Property Tax Relief
16		Pool Funds are less than the Minimum Funding Level, than
17		funding for tiers shall be reduced in the following
18		manner:
19		(A) First, Tier 4 funding shall be reduced by an
20		amount equal to the difference between the Minimum
21		Funding Level and New State Funds until such time as
22		Tier 4 funding is exhausted.
23		(B) Next, Tier 3 funding shall be reduced by an
24		amount equal to the difference between the Minimum
25		Funding Level and New State Funds and the reduction in
26		Tier 4 funding until such time as Tier 3 funding is

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1		exhausted.
2		(C) Next, Tier 2 funding shall be reduced by an
3		amount equal to the difference between the Minimum
4		Funding Level and New State Funds and the reduction in
5		Tier 4 and Tier 3.
6		(D) Finally, Tier 1 funding shall be reduced by an
7		amount equal to the difference between the Minimum
8		Funding level and New State Funds and the reduction in
9		Tier 2, 3, and 4 funding. In addition, the Allocation
10		Rate for Tier 1 shall be reduced to a percentage equal
11		to the Tier 1 Allocation Rate set by paragraph (4) of
12		this subsection (g), multiplied by the result of New
13		State Funds divided by the Minimum Funding Level.
14		(9.5) For State fiscal year 2019 and subsequent State
15		fiscal years, if New State Funds exceed $300,000,000, then
16		any amount in excess of $300,000,000 shall be dedicated
17		for purposes of Section 2-3.170 of this Code up to a
18		maximum of $50,000,000.
19		(10) In the event of a decrease in the amount of the
20		appropriation for this Section in any fiscal year after
21		implementation of this Section, the Organizational Units
22		receiving Tier 1 and Tier 2 funding, as determined under
23		paragraph (3) of this subsection (g), shall be held
24		harmless by establishing a Base Funding Guarantee equal to
25		the per pupil kindergarten through grade 12 funding
26		received in accordance with this Section in the prior

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1		fiscal year. Reductions shall be made to the Base Funding
2		Minimum of Organizational Units in Tier 3 and Tier 4 on a
3		per pupil basis equivalent to the total number of the ASE
4		in Tier 3-funded and Tier 4-funded Organizational Units
5		divided by the total reduction in State funding. The Base
6		Funding Minimum as reduced shall continue to be applied to
7		Tier 3 and Tier 4 Organizational Units and adjusted by the
8		relative formula when increases in appropriations for this
9		Section resume. In no event may State funding reductions
10		to Organizational Units in Tier 3 or Tier 4 exceed an
11		amount that would be less than the Base Funding Minimum
12		established in the first year of implementation of this
13		Section. If additional reductions are required, all school
14		districts shall receive a reduction by a per pupil amount
15		equal to the aggregate additional appropriation reduction
16		divided by the total ASE of all Organizational Units.
17		(11) The State Superintendent shall make minor
18		adjustments to the distribution formula set forth in this
19		subsection (g) to account for the rounding of percentages
20		to the nearest tenth of a percentage and dollar amounts to
21		the nearest whole dollar.
22		(h) State Superintendent administration of funding and
23		district submission requirements.
24		(1) The State Superintendent shall, in accordance with
25		appropriations made by the General Assembly, meet the
26		funding obligations created under this Section.

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1		(2) The State Superintendent shall calculate the
2		Adequacy Target for each Organizational Unit and Net State
3		Contribution Target for each Organizational Unit under
4		this Section. No Evidence-Based Funding shall be
5		distributed within an Organizational Unit without the
6		approval of the unit's school board.
7		(3) Annually, the State Superintendent shall calculate
8		and report to each Organizational Unit the unit's
9		aggregate financial adequacy amount, which shall be the
10		sum of the Adequacy Target for each Organizational Unit.
11		The State Superintendent shall calculate and report
12		separately for each Organizational Unit the unit's total
13		State funds allocated for its students with disabilities.
14		The State Superintendent shall calculate and report
15		separately for each Organizational Unit the amount of
16		funding and applicable FTE calculated for each Essential
17		Element of the unit's Adequacy Target.
18		(4) Annually, the State Superintendent shall calculate
19		and report to each Organizational Unit the amount the unit
20		must expend on special education and bilingual education
21		and computer technology and equipment for Organizational
22		Units assigned to Tier 1 or Tier 2 that received an
23		additional $285.50 per student computer technology and
24		equipment investment grant to their Adequacy Target
25		pursuant to the unit's Base Funding Minimum, Special
26		Education Allocation, Bilingual Education Allocation, and

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1		computer technology and equipment investment allocation.
2		(5) Moneys distributed under this Section shall be
3		calculated on a school year basis, but paid on a fiscal
4		year basis, with payments beginning in August and
5		extending through June. Unless otherwise provided, the
6		moneys appropriated for each fiscal year shall be
7		distributed in 22 equal payments at least 2 times monthly
8		to each Organizational Unit. If moneys appropriated for
9		any fiscal year are distributed other than monthly, the
10		distribution shall be on the same basis for each
11		Organizational Unit.
12		(6) Any school district that fails, for any given
13		school year, to maintain school as required by law or to
14		maintain a recognized school is not eligible to receive
15		Evidence-Based Funding. In case of non-recognition of one
16		or more attendance centers in a school district otherwise
17		operating recognized schools, the claim of the district
18		shall be reduced in the proportion that the enrollment in
19		the attendance center or centers bears to the enrollment
20		of the school district. "Recognized school" means any
21		public school that meets the standards for recognition by
22		the State Board. A school district or attendance center
23		not having recognition status at the end of a school term
24		is entitled to receive State aid payments due upon a legal
25		claim that was filed while it was recognized.
26		(7) School district claims filed under this Section

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1		are subject to Sections 18-9 and 18-12 of this Code,
2		except as otherwise provided in this Section.
3		(8) Each fiscal year, the State Superintendent shall
4		calculate for each Organizational Unit an amount of its
5		Base Funding Minimum and Evidence-Based Funding that shall
6		be deemed attributable to the provision of special
7		educational facilities and services, as defined in Section
8		14-1.08 of this Code, in a manner that ensures compliance
9		with maintenance of State financial support requirements
10		under the federal Individuals with Disabilities Education
11		Act. An Organizational Unit must use such funds only for
12		the provision of special educational facilities and
13		services, as defined in Section 14-1.08 of this Code, and
14		must comply with any expenditure verification procedures
15		adopted by the State Board.
16		(9) All Organizational Units in this State must submit
17		annual spending plans by the end of September of each year
18		to the State Board as part of the annual budget process,
19		which shall describe how each Organizational Unit will
20		utilize the Base Funding Minimum and Evidence-Based
21		Funding it receives from this State under this Section
22		with specific identification of the intended utilization
23		of Low-Income, English learner, and special education
24		resources. Additionally, the annual spending plans of each
25		Organizational Unit shall describe how the Organizational
26		Unit expects to achieve student growth and how the

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1		Organizational Unit will achieve State education goals, as
2		defined by the State Board. The State Superintendent may,
3		from time to time, identify additional requisites for
4		Organizational Units to satisfy when compiling the annual
5		spending plans required under this subsection (h). The
6		format and scope of annual spending plans shall be
7		developed by the State Superintendent and the State Board
8		of Education. School districts that serve students under
9		Article 14C of this Code shall continue to submit
10		information as required under Section 14C-12 of this Code.
11		(10) No later than January 1, 2018, the State
12		Superintendent shall develop a 5-year strategic plan for
13		all Organizational Units to help in planning for adequacy
14		funding under this Section. The State Superintendent shall
15		submit the plan to the Governor and the General Assembly,
16		as provided in Section 3.1 of the General Assembly
17		Organization Act. The plan shall include recommendations
18		for:
19		(A) a framework for collaborative, professional,
20		innovative, and 21st century learning environments
21		using the Evidence-Based Funding model;
22		(B) ways to prepare and support this State's
23		educators for successful instructional careers;
24		(C) application and enhancement of the current
25		financial accountability measures, the approved State
26		plan to comply with the federal Every Student Succeeds

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1		Act, and the Illinois Balanced Accountability Measures
2		in relation to student growth and elements of the
3		Evidence-Based Funding model; and
4		(D) implementation of an effective school adequacy
5		funding system based on projected and recommended
6		funding levels from the General Assembly.
7		(11) On an annual basis, the State Superintendent must
8		recalibrate all of the following per pupil elements of the
9		Adequacy Target and applied to the formulas, based on the
10		study of average expenses and as reported in the most
11		recent annual financial report:
12		(A) Gifted under subparagraph (M) of paragraph (2)
13		of subsection (b).
14		(B) Instructional materials under subparagraph (O)
15		of paragraph (2) of subsection (b).
16		(C) Assessment under subparagraph (P) of paragraph
17		(2) of subsection (b).
18		(D) Student activities under subparagraph (R) of
19		paragraph (2) of subsection (b).
20		(E) Maintenance and operations under subparagraph
21		(S) of paragraph (2) of subsection (b).
22		(F) Central office under subparagraph (T) of
23		paragraph (2) of subsection (b).
24		(i) Professional Review Panel.
25		(1) A Professional Review Panel is created to study
26		and review topics related to the implementation and effect

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1		of Evidence-Based Funding, as assigned by a joint
2		resolution or Public Act of the General Assembly or a
3		motion passed by the State Board of Education. The Panel
4		must provide recommendations to and serve the Governor,
5		the General Assembly, and the State Board. The State
6		Superintendent or his or her designee must serve as a
7		voting member and chairperson of the Panel. The State
8		Superintendent must appoint a vice chairperson from the
9		membership of the Panel. The Panel must advance
10		recommendations based on a three-fifths majority vote of
11		Panel members present and voting. A minority opinion may
12		also accompany any recommendation of the Panel. The Panel
13		shall be appointed by the State Superintendent, except as
14		otherwise provided in paragraph (2) of this subsection (i)
15		and include the following members:
16		(A) Two appointees that represent district
17		superintendents, recommended by a statewide
18		organization that represents district superintendents.
19		(B) Two appointees that represent school boards,
20		recommended by a statewide organization that
21		represents school boards.
22		(C) Two appointees from districts that represent
23		school business officials, recommended by a statewide
24		organization that represents school business
25		officials.
26		(D) Two appointees that represent school

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1		principals, recommended by a statewide organization
2		that represents school principals.
3		(E) Two appointees that represent teachers,
4		recommended by a statewide organization that
5		represents teachers.
6		(F) Two appointees that represent teachers,
7		recommended by another statewide organization that
8		represents teachers.
9		(G) Two appointees that represent regional
10		superintendents of schools, recommended by
11		organizations that represent regional superintendents.
12		(H) Two independent experts selected solely by the
13		State Superintendent.
14		(I) Two independent experts recommended by public
15		universities in this State.
16		(J) One member recommended by a statewide
17		organization that represents parents.
18		(K) Two representatives recommended by collective
19		impact organizations that represent major metropolitan
20		areas or geographic areas in Illinois.
21		(L) One member from a statewide organization
22		focused on research-based education policy to support
23		a school system that prepares all students for
24		college, a career, and democratic citizenship.
25		(M) One representative from a school district
26		organized under Article 34 of this Code.

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1		The State Superintendent shall ensure that the
2		membership of the Panel includes representatives from
3		school districts and communities reflecting the
4		geographic, socio-economic, racial, and ethnic diversity
5		of this State. The State Superintendent shall additionally
6		ensure that the membership of the Panel includes
7		representatives with expertise in bilingual education and
8		special education. Staff from the State Board shall staff
9		the Panel.
10		(2) In addition to those Panel members appointed by
11		the State Superintendent, 4 members of the General
12		Assembly shall be appointed as follows: one member of the
13		House of Representatives appointed by the Speaker of the
14		House of Representatives, one member of the Senate
15		appointed by the President of the Senate, one member of
16		the House of Representatives appointed by the Minority
17		Leader of the House of Representatives, and one member of
18		the Senate appointed by the Minority Leader of the Senate.
19		There shall be one additional member appointed by the
20		Governor. All members appointed by legislative leaders or
21		the Governor shall be non-voting, ex officio members.
22		(3) The Panel must study topics at the direction of
23		the General Assembly or State Board of Education, as
24		provided under paragraph (1). The Panel may also study the
25		following topics at the direction of the chairperson:
26		(A) The format and scope of annual spending plans

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1		referenced in paragraph (9) of subsection (h) of this
2		Section.
3		(B) The Comparable Wage Index under this Section.
4		(C) Maintenance and operations, including capital
5		maintenance and construction costs.
6		(D) "At-risk student" definition.
7		(E) Benefits.
8		(F) Technology.
9		(G) Local Capacity Target.
10		(H) Funding for Alternative Schools, Laboratory
11		Schools, safe schools, and alternative learning
12		opportunities programs.
13		(I) Funding for college and career acceleration
14		strategies.
15		(J) Special education investments.
16		(K) Early childhood investments, in collaboration
17		with the Illinois Early Learning Council.
18		(4) (Blank).
19		(5) Within 5 years after the implementation of this
20		Section, and every 5 years thereafter, the Panel shall
21		complete an evaluative study of the entire Evidence-Based
22		Funding model, including an assessment of whether or not
23		the formula is achieving State goals. The Panel shall
24		report to the State Board, the General Assembly, and the
25		Governor on the findings of the study.
26		(6) (Blank).

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1		(7) To ensure that (i) the Adequacy Target calculation
2		under subsection (b) accurately reflects the needs of
3		students living in poverty or attending schools located in
4		areas of high poverty, (ii) racial equity within the
5		Evidence-Based Funding formula is explicitly explored and
6		advanced, and (iii) the funding goals of the formula
7		distribution system established under this Section are
8		sufficient to provide adequate funding for every student
9		and to fully fund every school in this State, the Panel
10		shall review the Essential Elements under paragraph (2) of
11		subsection (b). The Panel shall consider all of the
12		following in its review:
13		(A) The financial ability of school districts to
14		provide instruction in a foreign language to every
15		student and whether an additional Essential Element
16		should be added to the formula to ensure that every
17		student has access to instruction in a foreign
18		language.
19		(B) The adult-to-student ratio for each Essential
20		Element in which a ratio is identified. The Panel
21		shall consider whether the ratio accurately reflects
22		the staffing needed to support students living in
23		poverty or who have traumatic backgrounds.
24		(C) Changes to the Essential Elements that may be
25		required to better promote racial equity and eliminate
26		structural racism within schools.

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1		(D) The impact of investing $350,000,000 in
2		additional funds each year under this Section and an
3		estimate of when the school system will become fully
4		funded under this level of appropriation.
5		(E) Provide an overview of alternative funding
6		structures that would enable the State to become fully
7		funded at an earlier date.
8		(F) The potential to increase efficiency and to
9		find cost savings within the school system to expedite
10		the journey to a fully funded system.
11		(G) The appropriate levels for reenrolling and
12		graduating high-risk high school students who have
13		been previously out of school. These outcomes shall
14		include enrollment, attendance, skill gains, credit
15		gains, graduation or promotion to the next grade
16		level, and the transition to college, training, or
17		employment, with an emphasis on progressively
18		increasing the overall attendance.
19		(H) The evidence-based or research-based practices
20		that are shown to reduce the gaps and disparities
21		experienced by African American students in academic
22		achievement and educational performance, including
23		practices that have been shown to reduce disparities
24		parities in disciplinary rates, drop-out rates,
25		graduation rates, college matriculation rates, and
26		college completion rates.

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1		On or before December 31, 2021, the Panel shall report
2		to the State Board, the General Assembly, and the Governor
3		on the findings of its review. This paragraph (7) is
4		inoperative on and after July 1, 2022.
5		(j) References. Beginning July 1, 2017, references in
6		other laws to general State aid funds or calculations under
7		Section 18-8.05 of this Code (now repealed) shall be deemed to
8		be references to evidence-based model formula funds or
9		calculations under this Section.
10		(Source: P.A. 101-10, eff. 6-5-19; 101-17, eff. 6-14-19;
11		101-643, eff. 6-18-20; 101-654, eff. 3-8-21; 102-33, eff.
12		6-25-21; 102-197, eff. 7-30-21; 102-558, eff. 8-20-21; revised
13		10-12-21.)
14		Section 5-78. The School Construction Law is amended by
15		adding Section 5-500 as follows:
16		(105 ILCS 230/5-500 new)
17		Sec. 5-500. Emergency funding eligibility.
18		(a) The State Board of Education shall classify
19		destruction or disrepair of a public school as an emergency
20		that is eligible for emergency funding if the public school
21		(i) does not otherwise meet the minimum enrollment
22		requirements to be eligible for emergency funding, (ii) has a
23		majority-minority student population, and (iii) is located
24		within a municipality with a population of less than 5,000

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1		outside of Cook County and the destruction or disrepair
2		occurred during the time in which proclamations issued by the
3		Governor during the 2019-2020, 2020-2021, and 2021-2022 school
4		years declaring a disaster due to a public health emergency
5		pursuant to Section 7 of the Illinois Emergency Management
6		Agency Act were in effect.
7		(b) Notwithstanding any other provisions of law to the
8		contrary, any school district that receives funding pursuant
9		to subsection (a) is exempt from providing local matching
10		funds.
11		Section 5-80. The Board of Higher Education Act is amended
12		by adding Section 9.41 as follows:
13		(110 ILCS 205/9.41 new)
14		Sec. 9.41. Board of Higher Education State Contracts and
15		Grants Fund; creation. The Board of Higher Education State
16		Contracts and Grants Fund is created as a special fund in the
17		State treasury. The Board shall deposit into the Fund moneys
18		received from grants, awards, or other financial activities
19		from state or local government agencies, and, where
20		appropriate, other funds made available through contracts with
21		state or local government agencies. Moneys in the Fund may be
22		used by the Board, subject to appropriation, for grants,
23		awards, contracts, and other purposes in accordance with this
24		Act.

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1		Section 5-82. The Public Community College Act is amended
2		by adding Section 2-12.2 as follows:
3		(110 ILCS 805/2-12.2 new)
4		Sec. 2-12.2. Pipeline for the Advancement of the
5		Healthcare Workforce. The State Board shall develop a funding
6		formula to distribute funds for the Illinois Pipeline for the
7		Advancement of the Healthcare (PATH) Workforce Program, a
8		program that is hereby established and designed to create,
9		support, and expand opportunities of individuals enrolled at a
10		public community college in a healthcare pathway, to obtain
11		credentials, certificates, and degrees that allow them to
12		enter into or advance their careers in the healthcare
13		industry. The State Board shall adopt rules as necessary to
14		implement the funding formula and distribute the funds to
15		Illinois community colleges.
16		Section 5-85. The Higher Education Student Assistance Act
17		is amended by changing Sections 35, 38, and 77 as follows:
18		(110 ILCS 947/35)
19		Sec. 35. Monetary award program.
20		(a) The Commission shall, each year, receive and consider
21		applications for grant assistance under this Section. Subject
22		to a separate appropriation for such purposes, an applicant is

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1		eligible for a grant under this Section when the Commission
2		finds that the applicant:
3		(1) is a resident of this State and a citizen or
4		permanent resident of the United States; and
5		(2) is enrolled or has been accepted for enrollment in
6		a qualified institution for the purpose of obtaining a
7		degree, certificate, or other credential offered by the
8		institution, as applicable; and
9		(3) in the absence of grant assistance, will be
10		deterred by financial considerations from completing an
11		educational program at the qualified institution of his or
12		her choice.
13		(b) The Commission shall award renewals only upon the
14		student's application and upon the Commission's finding that
15		the applicant:
16		(1) has remained a student in good standing;
17		(2) remains a resident of this State; and
18		(3) is in a financial situation that continues to
19		warrant assistance.
20		(c) All grants shall be applicable only to tuition and
21		necessary fee costs. The Commission shall determine the grant
22		amount for each student, which shall not exceed the smallest
23		of the following amounts:
24		(1) subject to appropriation, $5,468 for fiscal year
25		2009, $5,968 for fiscal year 2010, and $6,468 for fiscal
26		year 2011 and each fiscal year thereafter through fiscal

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1		year 2022, and $8,508 for fiscal year 2023 and each fiscal
2		year thereafter, or such lesser amount as the Commission
3		finds to be available, during an academic year;
4		(2) the amount which equals 2 semesters or 3 quarters
5		tuition and other necessary fees required generally by the
6		institution of all full-time undergraduate students; or
7		(3) such amount as the Commission finds to be
8		appropriate in view of the applicant's financial
9		resources.
10		Subject to appropriation, the maximum grant amount for
11		students not subject to subdivision (1) of this subsection (c)
12		must be increased by the same percentage as any increase made
13		by law to the maximum grant amount under subdivision (1) of
14		this subsection (c).
15		"Tuition and other necessary fees" as used in this Section
16		include the customary charge for instruction and use of
17		facilities in general, and the additional fixed fees charged
18		for specified purposes, which are required generally of
19		nongrant recipients for each academic period for which the
20		grant applicant actually enrolls, but do not include fees
21		payable only once or breakage fees and other contingent
22		deposits which are refundable in whole or in part. The
23		Commission may prescribe, by rule not inconsistent with this
24		Section, detailed provisions concerning the computation of
25		tuition and other necessary fees.
26		(d) No applicant, including those presently receiving

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1		scholarship assistance under this Act, is eligible for
2		monetary award program consideration under this Act after
3		receiving a baccalaureate degree or the equivalent of 135
4		semester credit hours of award payments.
5		(d-5) In this subsection (d-5), "renewing applicant" means
6		a student attending an institution of higher learning who
7		received a Monetary Award Program grant during the prior
8		academic year. Beginning with the processing of applications
9		for the 2020-2021 academic year, the Commission shall annually
10		publish a priority deadline date for renewing applicants.
11		Subject to appropriation, a renewing applicant who files by
12		the published priority deadline date shall receive a grant if
13		he or she continues to meet the eligibility requirements under
14		this Section. A renewing applicant's failure to apply by the
15		priority deadline date established under this subsection (d-5)
16		shall not disqualify him or her from receiving a grant if
17		sufficient funding is available to provide awards after that
18		date.
19		(e) The Commission, in determining the number of grants to
20		be offered, shall take into consideration past experience with
21		the rate of grant funds unclaimed by recipients. The
22		Commission shall notify applicants that grant assistance is
23		contingent upon the availability of appropriated funds.
24		(e-5) The General Assembly finds and declares that it is
25		an important purpose of the Monetary Award Program to
26		facilitate access to college both for students who pursue

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1		postsecondary education immediately following high school and
2		for those who pursue postsecondary education later in life,
3		particularly Illinoisans who are dislocated workers with
4		financial need and who are seeking to improve their economic
5		position through education. For the 2015-2016 and 2016-2017
6		academic years, the Commission shall give additional and
7		specific consideration to the needs of dislocated workers with
8		the intent of allowing applicants who are dislocated workers
9		an opportunity to secure financial assistance even if applying
10		later than the general pool of applicants. The Commission's
11		consideration shall include, in determining the number of
12		grants to be offered, an estimate of the resources needed to
13		serve dislocated workers who apply after the Commission
14		initially suspends award announcements for the upcoming
15		regular academic year, but prior to the beginning of that
16		academic year. For the purposes of this subsection (e-5), a
17		dislocated worker is defined as in the federal Workforce
18		Innovation and Opportunity Act.
19		(f) (Blank).
20		(g) The Commission shall determine the eligibility of and
21		make grants to applicants enrolled at qualified for-profit
22		institutions in accordance with the criteria set forth in this
23		Section. The eligibility of applicants enrolled at such
24		for-profit institutions shall be limited as follows:
25		(1) Beginning with the academic year 1997, only to
26		eligible first-time freshmen and first-time transfer

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1		students who have attained an associate degree.
2		(2) Beginning with the academic year 1998, only to
3		eligible freshmen students, transfer students who have
4		attained an associate degree, and students who receive a
5		grant under paragraph (1) for the academic year 1997 and
6		whose grants are being renewed for the academic year 1998.
7		(3) Beginning with the academic year 1999, to all
8		eligible students.
9		(h) The Commission may award a grant to an eligible
10		applicant enrolled at an Illinois public institution of higher
11		learning in a program that will culminate in the award of an
12		occupational or career and technical certificate as that term
13		is defined in 23 Ill. Adm. Code 1501.301.
14		(i) The Commission may adopt rules to implement this
15		Section.
16		(Source: P.A. 100-477, eff. 9-8-17; 100-621, eff. 7-20-18;
17		100-823, eff. 8-13-18; 101-81, eff. 7-12-19.)
18		(110 ILCS 947/38)
19		Sec. 38. Monetary award program accountability. The
20		Illinois Student Assistance Commission is directed to assess
21		the educational persistence of monetary award program
22		recipients. An assessment under this Section shall include an
23		analysis of such factors as undergraduate educational goals,
24		chosen field of study, retention rates, and expected time to
25		complete a degree. The assessment also shall include an

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1		analysis of the academic success of monetary award program
2		recipients through a review of measures that are typically
3		associated with academic success, such as grade point average,
4		satisfactory academic progress, and credit hours earned. Each
5		analysis should take into consideration student class level,
6		dependency types, and the type of higher education institution
7		at which each monetary award program recipient is enrolled.
8		The Illinois Community College Board and the Illinois Board of
9		Higher Education are authorized and directed to share data
10		with the Commission as needed to allow completion of the
11		assessment. The Commission shall report its findings to the
12		General Assembly and the Board of Higher Education by February
13		1, 1999 and at least every 2 years thereafter.
14		(Source: P.A. 90-486, eff. 8-17-97; 90-488, eff. 8-17-97.)
15		(110 ILCS 947/77)
16		Sec. 77. Illinois Student Assistance Commission Contracts
17		and Grants Fund.
18		(a) The Illinois Student Assistance Commission Contracts
19		and Grants Fund is created as a special fund in the State
20		treasury. All gifts, grants, or donations of money received by
21		the Commission must be deposited into this Fund and, where
22		appropriate, other funds made available through contracts with
23		governmental, public, and private agencies or persons may also
24		be deposited into this Fund.
25		(b) Moneys in the Fund may be used by the Commission,

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1		subject to appropriation, for support of the Commission's
2		student and borrower assistance outreach, research, and
3		training activities.
4		(Source: P.A. 92-597, eff. 7-1-02.)
5		Section 5-88. The Nursing Education Scholarship Law is
6		amended by changing Sections 3, 5, 6.5, and 7 and by adding
7		Sections 3.1 and 9.1 as follows:
8		(110 ILCS 975/3) (from Ch. 144, par. 2753)
9		Sec. 3. Definitions. The following terms, whenever used or
10		referred to, have the following meanings except where the
11		context clearly indicates otherwise:
12		(1) "Board" means the Board of Higher Education created by
13		the Board of Higher Education Act.
14		(2) "Department" means the Illinois Department of Public
15		Health.
16		(3) "Approved institution" means a public community
17		college, private junior college, hospital-based diploma in
18		nursing program, or public or private college or university
19		with a pre-licensure nursing education program located in this
20		State that has approval by the Department of Financial and
21		Professional Regulation for an associate degree in nursing
22		program, associate degree in applied sciences in nursing
23		program, hospital-based diploma in nursing program,
24		baccalaureate degree in nursing program, graduate degree in

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1		nursing program, or certificate in a practical nursing program
2		or a post-licensure nursing education program approved by the
3		Board of Higher Education or any successor agency with similar
4		authority.
5		(4) "Baccalaureate degree in nursing program" means a
6		program offered by an approved institution and leading to a
7		bachelor of science degree in nursing.
8		(5) "Enrollment" means the establishment and maintenance
9		of an individual's status as a student in an approved
10		institution, regardless of the terms used at the institution
11		to describe such status.
12		(6) "Academic year" means the period of time from
13		September 1 of one year through August 31 of the next year or
14		as otherwise defined by the academic institution.
15		(7) "Associate degree in nursing program or hospital-based
16		diploma in nursing program" means a program offered by an
17		approved institution and leading to an associate degree in
18		nursing, associate degree in applied sciences in nursing, or
19		hospital-based diploma in nursing.
20		(8) "Graduate degree in nursing program" means a program
21		offered by an approved institution and leading to a master of
22		science degree in nursing or a doctorate of philosophy or
23		doctorate of nursing degree in nursing.
24		(9) "Director" means the Director of the Illinois
25		Department of Public Health.
26		(10) "Accepted for admission" means a student has

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1		completed the requirements for entry into an associate degree
2		in nursing program, associate degree in applied sciences in
3		nursing program, hospital-based diploma in nursing program,
4		baccalaureate degree in nursing program, graduate degree in
5		nursing program, or certificate in practical nursing program
6		at an approved institution, as documented by the institution.
7		(11) "Fees" means those mandatory charges, in addition to
8		tuition, that all enrolled students must pay, including
9		required course or lab fees.
10		(12) "Full-time student" means a student enrolled for at
11		least 12 hours per term or as otherwise determined by the
12		academic institution.
13		(13) "Law" means the Nursing Education Scholarship Law.
14		(14) "Nursing employment obligation" means employment in
15		this State as a registered professional nurse, licensed
16		practical nurse, or advanced practice registered nurse in
17		direct patient care for at least one year for each year of
18		scholarship assistance received through the Nursing Education
19		Scholarship Program.
20		(15) "Part-time student" means a person who is enrolled
21		for at least one-third of the number of hours required per term
22		by a school for its full-time students.
23		(16) "Practical nursing program" means a program offered
24		by an approved institution leading to a certificate in
25		practical nursing.
26		(17) "Registered professional nurse" means a person who is

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1		currently licensed as a registered professional nurse by the
2		Department of Professional Regulation under the Nurse Practice
3		Act.
4		(18) "Licensed practical nurse" means a person who is
5		currently licensed as a licensed practical nurse by the
6		Department of Professional Regulation under the Nurse Practice
7		Act.
8		(19) "School term" means an academic term, such as a
9		semester, quarter, trimester, or number of clock hours, as
10		defined by an approved institution.
11		(20) "Student in good standing" means a student
12		maintaining a cumulative grade point average equivalent to at
13		least the academic grade of a "C".
14		(21) "Total and permanent disability" means a physical or
15		mental impairment, disease, or loss of a permanent nature that
16		prevents nursing employment with or without reasonable
17		accommodation. Proof of disability shall be a declaration from
18		the social security administration, Illinois Workers'
19		Compensation Commission, Department of Defense, or an insurer
20		authorized to transact business in Illinois who is providing
21		disability insurance coverage to a contractor.
22		(22) "Tuition" means the established charges of an
23		institution of higher learning for instruction at that
24		institution.
25		(23) "Nurse educator" means a person who is currently
26		licensed as a registered nurse by the Department of

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1		Professional Regulation under the Nurse Practice Act, who has
2		a graduate degree in nursing, and who is employed by an
3		approved academic institution to educate registered nursing
4		students, licensed practical nursing students, and registered
5		nurses pursuing graduate degrees.
6		(24) "Nurse educator employment obligation" means
7		employment in this State as a nurse educator for at least 2
8		years for each year of scholarship assistance received under
9		Section 6.5 of this Law.
10		(25) "Commission" means the Illinois Student Assistance
11		Commission.
12		Rulemaking authority to implement the provisions of this
13		Act Public Act 96-805, if any, is conditioned on the rules
14		being adopted in accordance with all provisions of the
15		Illinois Administrative Procedure Act and all rules and
16		procedures of the Joint Committee on Administrative Rules; any
17		purported rule not so adopted, for whatever reason, is
18		unauthorized.
19		(Source: P.A. 100-183, eff. 8-18-17; 100-513, eff. 1-1-18;
20		100-863, eff. 8-14-18.)
21		(110 ILCS 975/3.1 new)
22		Sec. 3.1. Approved institutions. An approved institution
23		must maintain compliance with all applicable State and federal
24		laws. An approved institution is not eligible for other
25		programs administered by the Commission and is not required to

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1		meet the definition of "institution of higher learning",
2		"qualified institution", or "institution" as defined in
3		Section 10 of the Higher Education Student Assistance Act. The
4		Commission may establish by rule additional requirements for
5		approved institutions.
6		(110 ILCS 975/5) (from Ch. 144, par. 2755)
7		Sec. 5. Nursing education scholarships. Beginning with the
8		fall term of the 2004-2005 academic year, the Department, in
9		accordance with rules and regulations promulgated by it for
10		this program, shall provide scholarships to individuals
11		selected from among those applicants who qualify for
12		consideration by showing:
13		(1) that he or she has been a resident of this State
14		for at least one year prior to application, and is a
15		citizen or a lawful permanent resident alien of the United
16		States;
17		(2) that he or she is enrolled in or accepted for
18		admission to an associate degree in nursing program,
19		hospital-based diploma in nursing program, baccalaureate
20		degree in nursing program, graduate degree in nursing
21		program, or practical nursing program at an approved
22		institution; and
23		(3) that he or she agrees to meet the nursing
24		employment obligation.
25		If in any year the number of qualified applicants exceeds

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1		the number of scholarships to be awarded, the Department
2		shall, in consultation with the Illinois Nursing Workforce
3		Center Advisory Board, consider the following factors in
4		granting priority in awarding scholarships:
5		(A) Financial need, as shown on a standardized
6		financial needs assessment form used by an approved
7		institution, of students who will pursue their
8		education on a full-time or close to full-time basis
9		and who already have a certificate in practical
10		nursing, a diploma in nursing, or an associate degree
11		in nursing and are pursuing a higher degree.
12		(B) A student's status as a registered nurse who
13		is pursuing a graduate degree in nursing to pursue
14		employment in an approved institution that educates
15		licensed practical nurses and that educates registered
16		nurses in undergraduate and graduate nursing programs.
17		(C) A student's merit, as shown through his or her
18		grade point average, class rank, and other academic
19		and extracurricular activities. The Department may add
20		to and further define these merit criteria by rule.
21		Unless otherwise indicated, scholarships shall be awarded
22		to recipients at approved institutions for a period of up to 2
23		years if the recipient is enrolled in an associate degree in
24		nursing program, up to 3 years if the recipient is enrolled in
25		a hospital-based diploma in nursing program, up to 4 years if
26		the recipient is enrolled in a baccalaureate degree in nursing

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1		program, up to 5 years if the recipient is enrolled in a
2		graduate degree in nursing program, and up to one year if the
3		recipient is enrolled in a certificate in practical nursing
4		program. At least 40% of the scholarships awarded shall be for
5		recipients who are pursuing baccalaureate degrees in nursing,
6		30% of the scholarships awarded shall be for recipients who
7		are pursuing associate degrees in nursing or a diploma in
8		nursing, 10% of the scholarships awarded shall be for
9		recipients who are pursuing a certificate in practical
10		nursing, and 20% of the scholarships awarded shall be for
11		recipients who are pursuing a graduate degree in nursing.
12		During Beginning with the fall term of the 2021-2022
13		academic year and continuing through the 2024-2025 academic
14		year, subject to appropriation from the Hospital Licensure
15		Fund, in addition to any other funds available to the
16		Department for such scholarships, the Department may award a
17		total of $500,000 annually in scholarships under this Section.
18		(Source: P.A. 102-641, eff. 8-27-21.)
19		(110 ILCS 975/6.5)
20		Sec. 6.5. Nurse educator scholarships.
21		(a) Beginning with the fall term of the 2009-2010 academic
22		year, the Department shall provide scholarships to individuals
23		selected from among those applicants who qualify for
24		consideration by showing the following:
25		(1) that he or she has been a resident of this State

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1		for at least one year prior to application and is a citizen
2		or a lawful permanent resident alien of the United States;
3		(2) that he or she is enrolled in or accepted for
4		admission to a graduate degree in nursing program at an
5		approved institution; and
6		(3) that he or she agrees to meet the nurse educator
7		employment obligation.
8		(b) If in any year the number of qualified applicants
9		exceeds the number of scholarships to be awarded under this
10		Section, the Department shall, in consultation with the
11		Illinois Nursing Workforce Center Advisory Board, consider the
12		following factors in granting priority in awarding
13		scholarships:
14		(1) Financial need, as shown on a standardized
15		financial needs assessment form used by an approved
16		institution, of students who will pursue their education
17		on a full-time or close to full-time basis and who already
18		have a diploma in nursing and are pursuing a higher
19		degree.
20		(2) A student's status as a registered nurse who is
21		pursuing a graduate degree in nursing to pursue employment
22		in an approved institution that educates licensed
23		practical nurses and that educates registered nurses in
24		undergraduate and graduate nursing programs.
25		(3) A student's merit, as shown through his or her
26		grade point average, class rank, experience as a nurse,

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1		including supervisory experience, experience as a nurse in
2		the United States military, and other academic and
3		extracurricular activities.
4		(c) Unless otherwise indicated, scholarships under this
5		Section shall be awarded to recipients at approved
6		institutions for a period of up to 3 years.
7		(d) Within 12 months after graduation from a graduate
8		degree in nursing program for nurse educators, any recipient
9		who accepted a scholarship under this Section shall begin
10		meeting the required nurse educator employment obligation. In
11		order to defer his or her continuous employment obligation, a
12		recipient must request the deferment in writing from the
13		Department. A recipient shall receive a deferment if he or she
14		notifies the Department, within 30 days after enlisting, that
15		he or she is spending up to 4 years in military service. A
16		recipient shall receive a deferment if he or she notifies the
17		Department, within 30 days after enrolling, that he or she is
18		enrolled in an academic program leading to a graduate degree
19		in nursing. The recipient must begin meeting the required
20		nurse educator employment obligation no later than 6 months
21		after the end of the deferment or deferments.
22		Any person who fails to fulfill the nurse educator
23		employment obligation shall pay to the Department an amount
24		equal to the amount of scholarship funds received per year for
25		each unfulfilled year of the nurse educator employment
26		obligation, together with interest at 7% per year on the

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1		unpaid balance. Payment must begin within 6 months following
2		the date of the occurrence initiating the repayment. All
3		repayments must be completed within 6 years from the date of
4		the occurrence initiating the repayment. However, this
5		repayment obligation may be deferred and re-evaluated every 6
6		months when the failure to fulfill the nurse educator
7		employment obligation results from involuntarily leaving the
8		profession due to a decrease in the number of nurses employed
9		in this State or when the failure to fulfill the nurse educator
10		employment obligation results from total and permanent
11		disability. The repayment obligation shall be excused if the
12		failure to fulfill the nurse educator employment obligation
13		results from the death or adjudication as incompetent of the
14		person holding the scholarship. No claim for repayment may be
15		filed against the estate of such a decedent or incompetent.
16		The Department may allow a nurse educator employment
17		obligation fulfillment alternative if the nurse educator
18		scholarship recipient is unsuccessful in finding work as a
19		nurse educator. The Department shall maintain a database of
20		all available nurse educator positions in this State.
21		(e) Each person applying for a scholarship under this
22		Section must be provided with a copy of this Section at the
23		time of application for the benefits of this scholarship.
24		(f) Rulemaking authority to implement this amendatory Act
25		of the 96th General Assembly, if any, is conditioned on the
26		rules being adopted in accordance with all provisions of the

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1		Illinois Administrative Procedure Act and all rules and
2		procedures of the Joint Committee on Administrative Rules; any
3		purported rule not so adopted, for whatever reason, is
4		unauthorized.
5		(Source: P.A. 100-513, eff. 1-1-18.)
6		(110 ILCS 975/7) (from Ch. 144, par. 2757)
7		Sec. 7. Amount of scholarships. To determine a scholarship
8		amount, the Department shall consider tuition and fee charges
9		at community colleges and universities statewide and projected
10		living expenses. Using information provided annually by the
11		Illinois Student Assistance Commission, 75% of the weighted
12		tuition and fees charged by community colleges in Illinois
13		shall be added to the uniform living allowance reported in the
14		weighted Monetary Award Program (MAP) budget to determine the
15		full-time scholarship amount for students pursuing an
16		associate degree or diploma in nursing at an Illinois
17		community college. Scholarship amounts for students pursuing
18		associate, baccalaureate, or graduate degrees in nursing at a
19		college or university shall include 75% of the weighted
20		tuition and fees charged by public universities in Illinois
21		plus the uniform living allowance reported in the weighted MAP
22		budget. Scholarship amounts for students in practical nursing
23		programs shall include 75% of the average of tuition charges
24		at all practical nursing programs plus the uniform living
25		allowance reported in the weighted MAP budget. The Department

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1		may provide that scholarships shall be on a quarterly or
2		semi-annual basis and shall be contingent upon the student's
3		diligently pursuing nursing studies and being a student in
4		good standing. Scholarship awards may be provided to part-time
5		students; the amount shall be determined by applying the
6		proportion represented by the part-time enrollment to
7		full-time enrollment ratio to the average per-term scholarship
8		amount for a student in the same nursing degree category.
9		(Source: P.A. 92-43, eff. 1-1-02; 93-879, eff. 1-1-05.)
10		(110 ILCS 975/9.1 new)
11		Sec. 9.1. Transfer of functions from the Department to the
12		Commission.
13		(a) On July 1, 2022, or as soon thereafter as practical,
14		all functions performed by the Department under this Act,
15		together with all of the powers, duties, rights, and
16		responsibilities of the Department relating to those
17		functions, are transferred from the Department to the
18		Commission.
19		(1) The Department and the Commission shall cooperate
20		to ensure that the transfer of functions is completed as
21		soon as practical.
22		(2) To the extent necessary or prudent to select
23		scholarship recipients and award scholarships pursuant to
24		this Act, following the application cycle which begins on
25		March 1, 2022, the Department and the Commission may enter

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1		into interagency agreements pursuant to Section 3 of the
2		Intergovernmental Cooperation Act to ensure scholarships
3		are awarded for the 2022-2023 academic year.
4		(b) Neither the functions transferred under this Section,
5		nor any powers, duties, rights, and responsibilities relating
6		to those functions, are altered or changed by this amendatory
7		Act of the 102nd General Assembly, except that all such
8		functions, powers, duties, rights, and responsibilities shall
9		be performed or exercised by the Commission as of July 1, 2022.
10		(c) All books, records, papers, documents, contracts, and
11		pending business pertaining to the functions transferred under
12		this Section, including but not limited to material in
13		electronic or magnetic format and necessary computer hardware
14		and software, shall be transferred to the Commission. The
15		transfer of that information shall not, however, violate any
16		applicable confidentiality constraints.
17		(d) Whenever reports or notices are required to be made or
18		given or papers or documents furnished or served by any person
19		to or upon the Department in connection with any of the
20		functions transferred under this Section, the same shall be
21		made, given, furnished, or served in the same manner to or upon
22		the Commission.
23		The Department shall transfer to the Commission any such
24		reports, notices, papers, or documents received by the
25		Department after July 1, 2022. The Department and the
26		Commission shall cooperate to ensure that the transfer of any

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1		such reports, notices, papers, or documents is completed as
2		soon as is practical.
3		(e) This Section shall not affect any act done, ratified,
4		or canceled, or any right occurring or established, or any
5		action or proceeding had or commenced in an administrative,
6		civil, or criminal case, regarding the functions of the
7		Department before July 1, 2022; such actions may be
8		prosecuted, defended, or continued by the Department.
9		(f) Any rules of the Department that (1) relate to the
10		functions transferred under this Section, (2) that are in full
11		force on July 1, 2022, and (3) that have been duly adopted by
12		the Department, shall become the rules of the Commission. This
13		Section shall not affect the legality of any such rules in the
14		Illinois Administrative Code. Any proposed rules filed with
15		the Secretary of State by the Department that are pending in
16		the rulemaking process on July 1, 2022, and that pertain to the
17		functions transferred, shall be deemed to have been filed by
18		the Commission. As soon as practicable after July 1, 2022, the
19		Commission may revise and clarify the rules transferred to it
20		under this Section and propose and adopt new rules that relate
21		to the functions transferred in this Section.
22		(g) The powers, duties, rights, and responsibilities
23		relating to the functions transferred under this Section are
24		vested in and shall be exercised by the Commission. Each act
25		done in exercise of those powers, duties, rights, and
26		responsibilities shall have the same legal effect as if done

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1		by the Department or its divisions, officers, or employees.
2		(h) Whenever a provision of law, including, but not
3		limited to, the provisions of this Act, refers to the
4		Department in connection with its performance of a function
5		that is transferred to the Commission under this Section, that
6		provision shall be deemed to refer to the Commission on and
7		after July 1, 2022.
8		Section 5-89. The Specialized Mental Health Rehabilitation
9		Act of 2013 is amended by changing Sections 5-102 and 5-107 as
10		follows:
11		(210 ILCS 49/5-102)
12		Sec. 5-102. Transition payments.
13		(a) In addition to payments already required by law, the
14		Department of Healthcare and Family Services shall make
15		payments to facilities licensed under this Act in the amount
16		of $29.43 per licensed bed, per day, for the period beginning
17		June 1, 2014 and ending June 30, 2014.
18		(b) For the purpose of incentivizing reduced room
19		occupancy and notwithstanding any provision of law to the
20		contrary, the Medicaid rates for specialized mental health
21		rehabilitation facilities effective on July 1, 2022 must be
22		equal to the rates in effect for specialized mental health
23		rehabilitation facilities on June 30, 2022, increased by 5.0%.
24		This rate shall be in effect from July 1, 2022 through June 30,

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1		2024. After June 30, 2024, this rate shall remain in effect
2		only for any occupied bed that is in a room with no more than 2
3		beds. The rate increase shall be effective for payment for
4		services under both the fee-for-service and managed care
5		medical assistance programs established under Article V of the
6		Illinois Public Aid Code.
7		(Source: P.A. 98-651, eff. 6-16-14.)
8		(210 ILCS 49/5-107)
9		Sec. 5-107. Quality of life enhancement. Beginning on July
10		1, 2019, for improving the quality of life and the quality of
11		care, an additional payment shall be awarded to a facility for
12		their single occupancy rooms. This payment shall be in
13		addition to the rate for recovery and rehabilitation. The
14		additional rate for single room occupancy shall be no less
15		than $10 per day, per single room occupancy. The Department of
16		Healthcare and Family Services shall adjust payment to
17		Medicaid managed care entities to cover these costs. Beginning
18		July 1, 2022, for improving the quality of life and the quality
19		of care, a payment of no less than $5 per day, per single room
20		occupancy shall be added to the existing $10 additional per
21		day, per single room occupancy rate for a total of at least $15
22		per day, per single room occupancy. Beginning July 1, 2022,
23		for improving the quality of life and the quality of care, an
24		additional payment shall be awarded to a facility for its
25		dual-occupancy rooms. This payment shall be in addition to the

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1		rate for recovery and rehabilitation. The additional rate for
2		dual-occupancy rooms shall be no less than $10 per day, per
3		Medicaid-occupied bed, in each dual-occupancy room. The
4		Department of Healthcare and Family Services shall adjust
5		payment to Medicaid managed care entities to cover these
6		costs. As used in this Section, "dual-occupancy room" means a
7		room that contains 2 resident beds.
8		(Source: P.A. 101-10, eff. 6-5-19.)
9		Section 5-90. The Clinical Social Work and Social Work
10		Practice Act is amended by adding Section 13.2 as follows:
11		(225 ILCS 20/13.2 new)
12		Sec. 13.2. Fee waivers. Notwithstanding any provision of
13		law to the contrary, during State fiscal years 2022, 2023, and
14		2024, the Department shall allow individuals a one-time waiver
15		of fees imposed under subsection (a) of Section 11 or Section
16		7, 9, 9A, 12.5, or 13 of this Act. No individual may benefit
17		from such waiver more than once.
18		Section 5-91. The Medical Practice Act of 1987 is amended
19		by adding Section 9.1 as follows:
20		(225 ILCS 60/9.1 new)
21		Sec. 9.1. Fee waivers. Notwithstanding any provision of
22		law to the contrary, during State fiscal years 2022, 2023, and

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1		2024, the Department shall allow individuals a one-time waiver
2		of fees imposed under Section 9, 19, or 21 of this Act. No
3		individual may benefit from such waiver more than once.
4		Section 5-92. The Nurse Practice Act is amended by adding
5		Section 50-27 and by changing Section 70-50 as follows:
6		(225 ILCS 65/50-27 new)
7		Sec. 50-27. Fee waivers. Notwithstanding any provision of
8		law to the contrary, during State fiscal years 2022, 2023, and
9		2024, the Department shall allow individuals a one-time waiver
10		of fees imposed under Section 50-26, 55-10, 55-11, 55-15,
11		60-10, 60-11, 60-20, 65-5, 65-15, or 70-45 of this Act. No
12		individual may benefit from such waiver more than once.
13		(225 ILCS 65/70-50) (was 225 ILCS 65/20-40)
14		(Section scheduled to be repealed on January 1, 2028)
15		Sec. 70-50. Fund.
16		(a) There is hereby created within the State Treasury the
17		Nursing Dedicated and Professional Fund. The monies in the
18		Fund may be used by and at the direction of the Department for
19		the administration and enforcement of this Act, including, but
20		not limited to:
21		(1) Distribution and publication of this Act and
22		rules.
23		(2) Employment of secretarial, nursing,

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1		administrative, enforcement, and other staff for the
2		administration of this Act.
3		(b) Disposition of fees:
4		(1) $5 of every licensure fee shall be placed in a fund
5		for assistance to nurses enrolled in a diversionary
6		program as approved by the Department.
7		(2) All of the fees, fines, and penalties collected
8		pursuant to this Act shall be deposited in the Nursing
9		Dedicated and Professional Fund.
10		(3) Each fiscal year, the moneys deposited in the
11		Nursing Dedicated and Professional Fund shall be
12		appropriated to the Department for expenses of the
13		Department and the Board in the administration of this
14		Act. All earnings received from investment of moneys in
15		the Nursing Dedicated and Professional Fund shall be
16		deposited in the Nursing Dedicated and Professional Fund
17		and shall be used for the same purposes as fees deposited
18		in the Fund.
19		(4) For fiscal years 2010 through 2022 the fiscal year
20		beginning July 1, 2009 and for each fiscal year
21		thereafter, $2,000,000 of the moneys deposited in the
22		Nursing Dedicated and Professional Fund each year shall be
23		set aside and appropriated to the Department of Public
24		Health for nursing scholarships awarded pursuant to the
25		Nursing Education Scholarship Law. For fiscal year 2023
26		and for each fiscal year thereafter, $4,000,000 of the

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1		moneys deposited in the Nursing Dedicated and Professional
2		Fund each year shall be set aside and appropriated to the
3		Illinois Student Assistance Commission for nursing
4		scholarships awarded pursuant to the Nursing Education
5		Scholarship Law.
6		(5) Moneys in the Fund may be transferred to the
7		Professions Indirect Cost Fund as authorized under Section
8		2105-300 of the Department of Professional Regulation Law
9		(20 ILCS 2105/2105-300).
10		(c) Moneys set aside for nursing scholarships awarded
11		pursuant to the Nursing Education Scholarship Law as provided
12		in item (4) of subsection (b) of this Section may not be
13		transferred under Section 8h of the State Finance Act.
14		(Source: P.A. 100-513, eff. 1-1-18.)
15		Section 5-93. The Pharmacy Practice Act is amended by
16		adding Section 27.1 as follows:
17		(225 ILCS 85/27.1 new)
18		Sec. 27.1. Fee waivers. Notwithstanding any provision of
19		law to the contrary, during State fiscal years 2022, 2023, and
20		2024, the Department shall allow individuals a one-time waiver
21		of fees imposed under Section 7, 8, 9, 9.5, or 27 of this Act.
22		No individual may benefit from such waiver more than once.
23		Section 5-94. The Physician Assistant Practice Act of 1987

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1		is amended by adding Section 14.2 as follows:
2		(225 ILCS 95/14.2 new)
3		Sec. 14.2. Fee waivers. Notwithstanding any provision of
4		law to the contrary, during State fiscal years 2022, 2023, and
5		2024, the Department shall allow individuals a one-time waiver
6		of fees imposed under Section 9, 14.1, 15, or 16 of this Act.
7		No individual may benefit from such waiver more than once.
8		Section 5-96. The Liquor Control Act of 1934 is amended by
9		changing Section 5-3 as follows:
10		(235 ILCS 5/5-3) (from Ch. 43, par. 118)
11		Sec. 5-3. License fees. Except as otherwise provided
12		herein, at the time application is made to the State
13		Commission for a license of any class, the applicant shall pay
14		to the State Commission the fee hereinafter provided for the
15		kind of license applied for.
16		The fee for licenses issued by the State Commission shall
17		be as follows:
18 Online Initial 19 renewal license 20 or 21 non-online 22 renewal
23 For a manufacturer's license:

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1 Class 1. Distiller ................. $4,000 $5,000 2 Class 2. Rectifier ................. 4,000 5,000 3 Class 3. Brewer .................... 1,200 1,500 4 Class 4. First-class Wine 5 Manufacturer ................... 1,200 1,500 6 Class 5. Second-class 7 Wine Manufacturer .............. 1,500 1,750 8 Class 6. First-class wine-maker .... 1,200 1,500 9 Class 7. Second-class wine-maker ... 1,500 1,750 10 Class 8. Limited Wine 11 Manufacturer.................... 250 350 12 Class 9. Craft Distiller............ 2,000 2,500 13 Class 10. Class 1 Craft Distiller... 50 75 14 Class 11. Class 2 Craft Distiller... 75 100 15 Class 12. Class 1 Brewer............ 50 75 16 Class 13. Class 2 Brewer............ 75 100 17 Class 14. Class 3 Brewer............ 25 50 18 For a Brew Pub License.............. 1,200 1,500 19 For a Distilling Pub License........ 1,200 1,500 20 For a caterer retailer's license.... 350 500 21 For a foreign importer's license ... 25 25 22 For an importing distributor's 23 license......................... 25 25 24 For a distributor's license 25 (11,250,000 gallons 26 or over)........................ 1,450 2,200

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1 For a distributor's license 2 (over 4,500,000 gallons, but 3 under 11,250,000 gallons)....... 950 1,450 4 For a distributor's license 5 (4,500,000 gallons or under).... 300 450 6 For a non-resident dealer's license 7 (500,000 gallons or over) 8 or with self-distribution 9 privileges ..................... 1,200 1,500 10 For a non-resident dealer's license 11 (under 500,000 gallons) ........ 250 350 12 For a wine-maker's premises 13 license ........................ 250 500 14 For a winery shipper's license 15 (under 250,000 gallons)......... 200 350 16 For a winery shipper's license 17 (250,000 or over, but 18 under 500,000 gallons).......... 750 1,000 19 For a winery shipper's license 20 (500,000 gallons or over)....... 1,200 1,500 21 For a wine-maker's premises 22 license, second location ....... 500 1,000 23 For a wine-maker's premises 24 license, third location ........ 500 1,000 25 For a retailer's license ........... 600 750 26 For a special event retailer's

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1 license, (not-for-profit) ...... 25 25 2 For a beer showcase permit license, 3 one day only ................... 100 150 4 2 days or more ................. 150 250 5 For a special use permit license, 6 one day only ................... 100 150 7 2 days or more ................. 150 250 8 For a railroad license ............. 100 150 9 For a boat license ................. 500 1,000 10 For an airplane license, times the 11 licensee's maximum number of 12 aircraft in flight, serving 13 liquor over the State at any 14 given time, which either 15 originate, terminate, or make 16 an intermediate stop in 17 the State....................... 100 150 18 For a non-beverage user's license: 19 Class 1 ........................ 24 24 20 Class 2 ........................ 60 60 21 Class 3 ........................ 120 120 22 Class 4 ........................ 240 240 23 Class 5 ........................ 600 600 24 For a broker's license ............. 750 1,000 25 For an auction liquor license ...... 100 150 26 For a homebrewer special

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1 event permit.................... 25 25 2 For a craft distiller 3 tasting permit.................. 25 25 4 For a BASSET trainer license........ 300 350 5 For a tasting representative 6 license......................... 200 300 7 For a brewer warehouse permit....... 25 25 8 For a craft distiller 9 warehouse permit............... 25 25
10		Fees collected under this Section shall be paid into the
11		Dram Shop Fund. The State Commission shall waive license
12		renewal fees for those retailers' licenses that are designated
13		as "1A" by the State Commission and expire on or after July 1,
14		2022, and on or before June 30, 2023. One-half On and after
15		July 1, 2003 and until June 30, 2016, of the funds received for
16		a retailer's license, in addition to the first $175, an
17		additional $75 shall be paid into the Dram Shop Fund, and $250
18		shall be paid into the General Revenue Fund. On and after June
19		30, 2016, one-half of the funds received for a retailer's
20		license shall be paid into the Dram Shop Fund and one-half of
21		the funds received for a retailer's license shall be paid into
22		the General Revenue Fund. Beginning June 30, 1990 and on June
23		30 of each subsequent year through June 29, 2003, any balance
24		over $5,000,000 remaining in the Dram Shop Fund shall be
25		credited to State liquor licensees and applied against their
26		fees for State liquor licenses for the following year. The

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1		amount credited to each licensee shall be a proportion of the
2		balance in the Dram Fund that is the same as the proportion of
3		the license fee paid by the licensee under this Section for the
4		period in which the balance was accumulated to the aggregate
5		fees paid by all licensees during that period.
6		No fee shall be paid for licenses issued by the State
7		Commission to the following non-beverage users:
8		(a) Hospitals, sanitariums, or clinics when their use
9		of alcoholic liquor is exclusively medicinal, mechanical
10		or scientific.
11		(b) Universities, colleges of learning or schools when
12		their use of alcoholic liquor is exclusively medicinal,
13		mechanical or scientific.
14		(c) Laboratories when their use is exclusively for the
15		purpose of scientific research.
16		(Source: P.A. 101-482, eff. 8-23-19; 101-615, eff. 12-20-19;
17		102-442, eff. 8-20-21; 102-558, eff. 8-20-21.)
18		Section 5-97. The Illinois Gambling Act is amended by
19		changing Section 13 as follows:
20		(230 ILCS 10/13) (from Ch. 120, par. 2413)
21		Sec. 13. Wagering tax; rate; distribution.
22		(a) Until January 1, 1998, a tax is imposed on the adjusted
23		gross receipts received from gambling games authorized under
24		this Act at the rate of 20%.

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1		(a-1) From January 1, 1998 until July 1, 2002, a privilege
2		tax is imposed on persons engaged in the business of
3		conducting riverboat gambling operations, based on the
4		adjusted gross receipts received by a licensed owner from
5		gambling games authorized under this Act at the following
6		rates:
7		15% of annual adjusted gross receipts up to and
8		including $25,000,000;
9		20% of annual adjusted gross receipts in excess of
10		$25,000,000 but not exceeding $50,000,000;
11		25% of annual adjusted gross receipts in excess of
12		$50,000,000 but not exceeding $75,000,000;
13		30% of annual adjusted gross receipts in excess of
14		$75,000,000 but not exceeding $100,000,000;
15		35% of annual adjusted gross receipts in excess of
16		$100,000,000.
17		(a-2) From July 1, 2002 until July 1, 2003, a privilege tax
18		is imposed on persons engaged in the business of conducting
19		riverboat gambling operations, other than licensed managers
20		conducting riverboat gambling operations on behalf of the
21		State, based on the adjusted gross receipts received by a
22		licensed owner from gambling games authorized under this Act
23		at the following rates:
24		15% of annual adjusted gross receipts up to and
25		including $25,000,000;
26		22.5% of annual adjusted gross receipts in excess of

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1		$25,000,000 but not exceeding $50,000,000;
2		27.5% of annual adjusted gross receipts in excess of
3		$50,000,000 but not exceeding $75,000,000;
4		32.5% of annual adjusted gross receipts in excess of
5		$75,000,000 but not exceeding $100,000,000;
6		37.5% of annual adjusted gross receipts in excess of
7		$100,000,000 but not exceeding $150,000,000;
8		45% of annual adjusted gross receipts in excess of
9		$150,000,000 but not exceeding $200,000,000;
10		50% of annual adjusted gross receipts in excess of
11		$200,000,000.
12		(a-3) Beginning July 1, 2003, a privilege tax is imposed
13		on persons engaged in the business of conducting riverboat
14		gambling operations, other than licensed managers conducting
15		riverboat gambling operations on behalf of the State, based on
16		the adjusted gross receipts received by a licensed owner from
17		gambling games authorized under this Act at the following
18		rates:
19		15% of annual adjusted gross receipts up to and
20		including $25,000,000;
21		27.5% of annual adjusted gross receipts in excess of
22		$25,000,000 but not exceeding $37,500,000;
23		32.5% of annual adjusted gross receipts in excess of
24		$37,500,000 but not exceeding $50,000,000;
25		37.5% of annual adjusted gross receipts in excess of
26		$50,000,000 but not exceeding $75,000,000;

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1		45% of annual adjusted gross receipts in excess of
2		$75,000,000 but not exceeding $100,000,000;
3		50% of annual adjusted gross receipts in excess of
4		$100,000,000 but not exceeding $250,000,000;
5		70% of annual adjusted gross receipts in excess of
6		$250,000,000.
7		An amount equal to the amount of wagering taxes collected
8		under this subsection (a-3) that are in addition to the amount
9		of wagering taxes that would have been collected if the
10		wagering tax rates under subsection (a-2) were in effect shall
11		be paid into the Common School Fund.
12		The privilege tax imposed under this subsection (a-3)
13		shall no longer be imposed beginning on the earlier of (i) July
14		1, 2005; (ii) the first date after June 20, 2003 that riverboat
15		gambling operations are conducted pursuant to a dormant
16		license; or (iii) the first day that riverboat gambling
17		operations are conducted under the authority of an owners
18		license that is in addition to the 10 owners licenses
19		initially authorized under this Act. For the purposes of this
20		subsection (a-3), the term "dormant license" means an owners
21		license that is authorized by this Act under which no
22		riverboat gambling operations are being conducted on June 20,
23		2003.
24		(a-4) Beginning on the first day on which the tax imposed
25		under subsection (a-3) is no longer imposed and ending upon
26		the imposition of the privilege tax under subsection (a-5) of

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1		this Section, a privilege tax is imposed on persons engaged in
2		the business of conducting gambling operations, other than
3		licensed managers conducting riverboat gambling operations on
4		behalf of the State, based on the adjusted gross receipts
5		received by a licensed owner from gambling games authorized
6		under this Act at the following rates:
7		15% of annual adjusted gross receipts up to and
8		including $25,000,000;
9		22.5% of annual adjusted gross receipts in excess of
10		$25,000,000 but not exceeding $50,000,000;
11		27.5% of annual adjusted gross receipts in excess of
12		$50,000,000 but not exceeding $75,000,000;
13		32.5% of annual adjusted gross receipts in excess of
14		$75,000,000 but not exceeding $100,000,000;
15		37.5% of annual adjusted gross receipts in excess of
16		$100,000,000 but not exceeding $150,000,000;
17		45% of annual adjusted gross receipts in excess of
18		$150,000,000 but not exceeding $200,000,000;
19		50% of annual adjusted gross receipts in excess of
20		$200,000,000.
21		For the imposition of the privilege tax in this subsection
22		(a-4), amounts paid pursuant to item (1) of subsection (b) of
23		Section 56 of the Illinois Horse Racing Act of 1975 shall not
24		be included in the determination of adjusted gross receipts.
25		(a-5)(1) Beginning on July 1, 2020, a privilege tax is
26		imposed on persons engaged in the business of conducting

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1		gambling operations, other than the owners licensee under
2		paragraph (1) of subsection (e-5) of Section 7 and licensed
3		managers conducting riverboat gambling operations on behalf of
4		the State, based on the adjusted gross receipts received by
5		such licensee from the gambling games authorized under this
6		Act. The privilege tax for all gambling games other than table
7		games, including, but not limited to, slot machines, video
8		game of chance gambling, and electronic gambling games shall
9		be at the following rates:
10		15% of annual adjusted gross receipts up to and
11		including $25,000,000;
12		22.5% of annual adjusted gross receipts in excess of
13		$25,000,000 but not exceeding $50,000,000;
14		27.5% of annual adjusted gross receipts in excess of
15		$50,000,000 but not exceeding $75,000,000;
16		32.5% of annual adjusted gross receipts in excess of
17		$75,000,000 but not exceeding $100,000,000;
18		37.5% of annual adjusted gross receipts in excess of
19		$100,000,000 but not exceeding $150,000,000;
20		45% of annual adjusted gross receipts in excess of
21		$150,000,000 but not exceeding $200,000,000;
22		50% of annual adjusted gross receipts in excess of
23		$200,000,000.
24		The privilege tax for table games shall be at the
25		following rates:
26		15% of annual adjusted gross receipts up to and

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1		including $25,000,000;
2		20% of annual adjusted gross receipts in excess of
3		$25,000,000.
4		For the imposition of the privilege tax in this subsection
5		(a-5), amounts paid pursuant to item (1) of subsection (b) of
6		Section 56 of the Illinois Horse Racing Act of 1975 shall not
7		be included in the determination of adjusted gross receipts.
8		(2) Beginning on the first day that an owners licensee
9		under paragraph (1) of subsection (e-5) of Section 7 conducts
10		gambling operations, either in a temporary facility or a
11		permanent facility, a privilege tax is imposed on persons
12		engaged in the business of conducting gambling operations
13		under paragraph (1) of subsection (e-5) of Section 7, other
14		than licensed managers conducting riverboat gambling
15		operations on behalf of the State, based on the adjusted gross
16		receipts received by such licensee from the gambling games
17		authorized under this Act. The privilege tax for all gambling
18		games other than table games, including, but not limited to,
19		slot machines, video game of chance gambling, and electronic
20		gambling games shall be at the following rates:
21		12% of annual adjusted gross receipts up to and
22		including $25,000,000 to the State and 10.5% of annual
23		adjusted gross receipts up to and including $25,000,000 to
24		the City of Chicago;
25		16% of annual adjusted gross receipts in excess of
26		$25,000,000 but not exceeding $50,000,000 to the State and

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1		14% of annual adjusted gross receipts in excess of
2		$25,000,000 but not exceeding $50,000,000 to the City of
3		Chicago;
4		20.1% of annual adjusted gross receipts in excess of
5		$50,000,000 but not exceeding $75,000,000 to the State and
6		17.4% of annual adjusted gross receipts in excess of
7		$50,000,000 but not exceeding $75,000,000 to the City of
8		Chicago;
9		21.4% of annual adjusted gross receipts in excess of
10		$75,000,000 but not exceeding $100,000,000 to the State
11		and 18.6% of annual adjusted gross receipts in excess of
12		$75,000,000 but not exceeding $100,000,000 to the City of
13		Chicago;
14		22.7% of annual adjusted gross receipts in excess of
15		$100,000,000 but not exceeding $150,000,000 to the State
16		and 19.8% of annual adjusted gross receipts in excess of
17		$100,000,000 but not exceeding $150,000,000 to the City of
18		Chicago;
19		24.1% of annual adjusted gross receipts in excess of
20		$150,000,000 but not exceeding $225,000,000 to the State
21		and 20.9% of annual adjusted gross receipts in excess of
22		$150,000,000 but not exceeding $225,000,000 to the City of
23		Chicago;
24		26.8% of annual adjusted gross receipts in excess of
25		$225,000,000 but not exceeding $1,000,000,000 to the State
26		and 23.2% of annual adjusted gross receipts in excess of

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1		$225,000,000 but not exceeding $1,000,000,000 to the City
2		of Chicago;
3		40% of annual adjusted gross receipts in excess of
4		$1,000,000,000 to the State and 34.7% of annual gross
5		receipts in excess of $1,000,000,000 to the City of
6		Chicago.
7		The privilege tax for table games shall be at the
8		following rates:
9		8.1% of annual adjusted gross receipts up to and
10		including $25,000,000 to the State and 6.9% of annual
11		adjusted gross receipts up to and including $25,000,000 to
12		the City of Chicago;
13		10.7% of annual adjusted gross receipts in excess of
14		$25,000,000 but not exceeding $75,000,000 to the State and
15		9.3% of annual adjusted gross receipts in excess of
16		$25,000,000 but not exceeding $75,000,000 to the City of
17		Chicago;
18		11.2% of annual adjusted gross receipts in excess of
19		$75,000,000 but not exceeding $175,000,000 to the State
20		and 9.8% of annual adjusted gross receipts in excess of
21		$75,000,000 but not exceeding $175,000,000 to the City of
22		Chicago;
23		13.5% of annual adjusted gross receipts in excess of
24		$175,000,000 but not exceeding $225,000,000 to the State
25		and 11.5% of annual adjusted gross receipts in excess of
26		$175,000,000 but not exceeding $225,000,000 to the City of

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1		Chicago;
2		15.1% of annual adjusted gross receipts in excess of
3		$225,000,000 but not exceeding $275,000,000 to the State
4		and 12.9% of annual adjusted gross receipts in excess of
5		$225,000,000 but not exceeding $275,000,000 to the City of
6		Chicago;
7		16.2% of annual adjusted gross receipts in excess of
8		$275,000,000 but not exceeding $375,000,000 to the State
9		and 13.8% of annual adjusted gross receipts in excess of
10		$275,000,000 but not exceeding $375,000,000 to the City of
11		Chicago;
12		18.9% of annual adjusted gross receipts in excess of
13		$375,000,000 to the State and 16.1% of annual gross
14		receipts in excess of $375,000,000 to the City of Chicago.
15		For the imposition of the privilege tax in this subsection
16		(a-5), amounts paid pursuant to item (1) of subsection (b) of
17		Section 56 of the Illinois Horse Racing Act of 1975 shall not
18		be included in the determination of adjusted gross receipts.
19		Notwithstanding the provisions of this subsection (a-5),
20		for the first 10 years that the privilege tax is imposed under
21		this subsection (a-5), the privilege tax shall be imposed on
22		the modified annual adjusted gross receipts of a riverboat or
23		casino conducting gambling operations in the City of East St.
24		Louis, unless:
25		(1) the riverboat or casino fails to employ at least
26		450 people, except no minimum employment shall be required

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1		during 2020 and 2021 or during periods that the riverboat
2		or casino is closed on orders of State officials for
3		public health emergencies or other emergencies not caused
4		by the riverboat or casino;
5		(2) the riverboat or casino fails to maintain
6		operations in a manner consistent with this Act or is not a
7		viable riverboat or casino subject to the approval of the
8		Board; or
9		(3) the owners licensee is not an entity in which
10		employees participate in an employee stock ownership plan
11		or in which the owners licensee sponsors a 401(k)
12		retirement plan and makes a matching employer contribution
13		equal to at least one-quarter of the first 12% or one-half
14		of the first 6% of each participating employee's
15		contribution, not to exceed any limitations under federal
16		laws and regulations.
17		As used in this subsection (a-5), "modified annual
18		adjusted gross receipts" means:
19		(A) for calendar year 2020, the annual adjusted gross
20		receipts for the current year minus the difference between
21		an amount equal to the average annual adjusted gross
22		receipts from a riverboat or casino conducting gambling
23		operations in the City of East St. Louis for 2014, 2015,
24		2016, 2017, and 2018 and the annual adjusted gross
25		receipts for 2018;
26		(B) for calendar year 2021, the annual adjusted gross

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1		receipts for the current year minus the difference between
2		an amount equal to the average annual adjusted gross
3		receipts from a riverboat or casino conducting gambling
4		operations in the City of East St. Louis for 2014, 2015,
5		2016, 2017, and 2018 and the annual adjusted gross
6		receipts for 2019; and
7		(C) for calendar years 2022 through 2029, the annual
8		adjusted gross receipts for the current year minus the
9		difference between an amount equal to the average annual
10		adjusted gross receipts from a riverboat or casino
11		conducting gambling operations in the City of East St.
12		Louis for 3 years preceding the current year and the
13		annual adjusted gross receipts for the immediately
14		preceding year.
15		(a-6) From June 28, 2019 (the effective date of Public Act
16		101-31) until June 30, 2023, an owners licensee that conducted
17		gambling operations prior to January 1, 2011 shall receive a
18		dollar-for-dollar credit against the tax imposed under this
19		Section for any renovation or construction costs paid by the
20		owners licensee, but in no event shall the credit exceed
21		$2,000,000.
22		Additionally, from June 28, 2019 (the effective date of
23		Public Act 101-31) until December 31, 2024 2022, an owners
24		licensee that (i) is located within 15 miles of the Missouri
25		border, and (ii) has at least 3 riverboats, casinos, or their
26		equivalent within a 45-mile radius, may be authorized to

HB4700 Enrolled - 379 - LRB102 24222 KTG 33451 b
1		relocate to a new location with the approval of both the unit
2		of local government designated as the home dock and the Board,
3		so long as the new location is within the same unit of local
4		government and no more than 3 miles away from its original
5		location. Such owners licensee shall receive a credit against
6		the tax imposed under this Section equal to 8% of the total
7		project costs, as approved by the Board, for any renovation or
8		construction costs paid by the owners licensee for the
9		construction of the new facility, provided that the new
10		facility is operational by July 1, 2024 2022. In determining
11		whether or not to approve a relocation, the Board must
12		consider the extent to which the relocation will diminish the
13		gaming revenues received by other Illinois gaming facilities.
14		(a-7) Beginning in the initial adjustment year and through
15		the final adjustment year, if the total obligation imposed
16		pursuant to either subsection (a-5) or (a-6) will result in an
17		owners licensee receiving less after-tax adjusted gross
18		receipts than it received in calendar year 2018, then the
19		total amount of privilege taxes that the owners licensee is
20		required to pay for that calendar year shall be reduced to the
21		extent necessary so that the after-tax adjusted gross receipts
22		in that calendar year equals the after-tax adjusted gross
23		receipts in calendar year 2018, but the privilege tax
24		reduction shall not exceed the annual adjustment cap. If
25		pursuant to this subsection (a-7), the total obligation
26		imposed pursuant to either subsection (a-5) or (a-6) shall be

HB4700 Enrolled - 380 - LRB102 24222 KTG 33451 b
1		reduced, then the owners licensee shall not receive a refund
2		from the State at the end of the subject calendar year but
3		instead shall be able to apply that amount as a credit against
4		any payments it owes to the State in the following calendar
5		year to satisfy its total obligation under either subsection
6		(a-5) or (a-6). The credit for the final adjustment year shall
7		occur in the calendar year following the final adjustment
8		year.
9		If an owners licensee that conducted gambling operations
10		prior to January 1, 2019 expands its riverboat or casino,
11		including, but not limited to, with respect to its gaming
12		floor, additional non-gaming amenities such as restaurants,
13		bars, and hotels and other additional facilities, and incurs
14		construction and other costs related to such expansion from
15		June 28, 2019 (the effective date of Public Act 101-31) until
16		June 28, 2024 (the 5th anniversary of the effective date of
17		Public Act 101-31), then for each $15,000,000 spent for any
18		such construction or other costs related to expansion paid by
19		the owners licensee, the final adjustment year shall be
20		extended by one year and the annual adjustment cap shall
21		increase by 0.2% of adjusted gross receipts during each
22		calendar year until and including the final adjustment year.
23		No further modifications to the final adjustment year or
24		annual adjustment cap shall be made after $75,000,000 is
25		incurred in construction or other costs related to expansion
26		so that the final adjustment year shall not extend beyond the

HB4700 Enrolled - 381 - LRB102 24222 KTG 33451 b
1		9th calendar year after the initial adjustment year, not
2		including the initial adjustment year, and the annual
3		adjustment cap shall not exceed 4% of adjusted gross receipts
4		in a particular calendar year. Construction and other costs
5		related to expansion shall include all project related costs,
6		including, but not limited to, all hard and soft costs,
7		financing costs, on or off-site ground, road or utility work,
8		cost of gaming equipment and all other personal property,
9		initial fees assessed for each incremental gaming position,
10		and the cost of incremental land acquired for such expansion.
11		Soft costs shall include, but not be limited to, legal fees,
12		architect, engineering and design costs, other consultant
13		costs, insurance cost, permitting costs, and pre-opening costs
14		related to the expansion, including, but not limited to, any
15		of the following: marketing, real estate taxes, personnel,
16		training, travel and out-of-pocket expenses, supply,
17		inventory, and other costs, and any other project related soft
18		costs.
19		To be eligible for the tax credits in subsection (a-6),
20		all construction contracts shall include a requirement that
21		the contractor enter into a project labor agreement with the
22		building and construction trades council with geographic
23		jurisdiction of the location of the proposed gaming facility.
24		Notwithstanding any other provision of this subsection
25		(a-7), this subsection (a-7) does not apply to an owners
26		licensee unless such owners licensee spends at least

HB4700 Enrolled - 382 - LRB102 24222 KTG 33451 b
1		$15,000,000 on construction and other costs related to its
2		expansion, excluding the initial fees assessed for each
3		incremental gaming position.
4		This subsection (a-7) does not apply to owners licensees
5		authorized pursuant to subsection (e-5) of Section 7 of this
6		Act.
7		For purposes of this subsection (a-7):
8		"Building and construction trades council" means any
9		organization representing multiple construction entities that
10		are monitoring or attentive to compliance with public or
11		workers' safety laws, wage and hour requirements, or other
12		statutory requirements or that are making or maintaining
13		collective bargaining agreements.
14		"Initial adjustment year" means the year commencing on
15		January 1 of the calendar year immediately following the
16		earlier of the following:
17		(1) the commencement of gambling operations, either in
18		a temporary or permanent facility, with respect to the
19		owners license authorized under paragraph (1) of
20		subsection (e-5) of Section 7 of this Act; or
21		(2) June 28, 2021 (24 months after the effective date
22		of Public Act 101-31);
23		provided the initial adjustment year shall not commence
24		earlier than June 28, 2020 (12 months after the effective date
25		of Public Act 101-31).
26		"Final adjustment year" means the 2nd calendar year after

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1		the initial adjustment year, not including the initial
2		adjustment year, and as may be extended further as described
3		in this subsection (a-7).
4		"Annual adjustment cap" means 3% of adjusted gross
5		receipts in a particular calendar year, and as may be
6		increased further as otherwise described in this subsection
7		(a-7).
8		(a-8) Riverboat gambling operations conducted by a
9		licensed manager on behalf of the State are not subject to the
10		tax imposed under this Section.
11		(a-9) Beginning on January 1, 2020, the calculation of
12		gross receipts or adjusted gross receipts, for the purposes of
13		this Section, for a riverboat, a casino, or an organization
14		gaming facility shall not include the dollar amount of
15		non-cashable vouchers, coupons, and electronic promotions
16		redeemed by wagerers upon the riverboat, in the casino, or in
17		the organization gaming facility up to and including an amount
18		not to exceed 20% of a riverboat's, a casino's, or an
19		organization gaming facility's adjusted gross receipts.
20		The Illinois Gaming Board shall submit to the General
21		Assembly a comprehensive report no later than March 31, 2023
22		detailing, at a minimum, the effect of removing non-cashable
23		vouchers, coupons, and electronic promotions from this
24		calculation on net gaming revenues to the State in calendar
25		years 2020 through 2022, the increase or reduction in wagerers
26		as a result of removing non-cashable vouchers, coupons, and

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1		electronic promotions from this calculation, the effect of the
2		tax rates in subsection (a-5) on net gaming revenues to this
3		State, and proposed modifications to the calculation.
4		(a-10) The taxes imposed by this Section shall be paid by
5		the licensed owner or the organization gaming licensee to the
6		Board not later than 5:00 o'clock p.m. of the day after the day
7		when the wagers were made.
8		(a-15) If the privilege tax imposed under subsection (a-3)
9		is no longer imposed pursuant to item (i) of the last paragraph
10		of subsection (a-3), then by June 15 of each year, each owners
11		licensee, other than an owners licensee that admitted
12		1,000,000 persons or fewer in calendar year 2004, must, in
13		addition to the payment of all amounts otherwise due under
14		this Section, pay to the Board a reconciliation payment in the
15		amount, if any, by which the licensed owner's base amount
16		exceeds the amount of net privilege tax paid by the licensed
17		owner to the Board in the then current State fiscal year. A
18		licensed owner's net privilege tax obligation due for the
19		balance of the State fiscal year shall be reduced up to the
20		total of the amount paid by the licensed owner in its June 15
21		reconciliation payment. The obligation imposed by this
22		subsection (a-15) is binding on any person, firm, corporation,
23		or other entity that acquires an ownership interest in any
24		such owners license. The obligation imposed under this
25		subsection (a-15) terminates on the earliest of: (i) July 1,
26		2007, (ii) the first day after August 23, 2005 (the effective

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1		date of Public Act 94-673) that riverboat gambling operations
2		are conducted pursuant to a dormant license, (iii) the first
3		day that riverboat gambling operations are conducted under the
4		authority of an owners license that is in addition to the 10
5		owners licenses initially authorized under this Act, or (iv)
6		the first day that a licensee under the Illinois Horse Racing
7		Act of 1975 conducts gaming operations with slot machines or
8		other electronic gaming devices. The Board must reduce the
9		obligation imposed under this subsection (a-15) by an amount
10		the Board deems reasonable for any of the following reasons:
11		(A) an act or acts of God, (B) an act of bioterrorism or
12		terrorism or a bioterrorism or terrorism threat that was
13		investigated by a law enforcement agency, or (C) a condition
14		beyond the control of the owners licensee that does not result
15		from any act or omission by the owners licensee or any of its
16		agents and that poses a hazardous threat to the health and
17		safety of patrons. If an owners licensee pays an amount in
18		excess of its liability under this Section, the Board shall
19		apply the overpayment to future payments required under this
20		Section.
21		For purposes of this subsection (a-15):
22		"Act of God" means an incident caused by the operation of
23		an extraordinary force that cannot be foreseen, that cannot be
24		avoided by the exercise of due care, and for which no person
25		can be held liable.
26		"Base amount" means the following:

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1		For a riverboat in Alton, $31,000,000.
2		For a riverboat in East Peoria, $43,000,000.
3		For the Empress riverboat in Joliet, $86,000,000.
4		For a riverboat in Metropolis, $45,000,000.
5		For the Harrah's riverboat in Joliet, $114,000,000.
6		For a riverboat in Aurora, $86,000,000.
7		For a riverboat in East St. Louis, $48,500,000.
8		For a riverboat in Elgin, $198,000,000.
9		"Dormant license" has the meaning ascribed to it in
10		subsection (a-3).
11		"Net privilege tax" means all privilege taxes paid by a
12		licensed owner to the Board under this Section, less all
13		payments made from the State Gaming Fund pursuant to
14		subsection (b) of this Section.
15		The changes made to this subsection (a-15) by Public Act
16		94-839 are intended to restate and clarify the intent of
17		Public Act 94-673 with respect to the amount of the payments
18		required to be made under this subsection by an owners
19		licensee to the Board.
20		(b) From the tax revenue from riverboat or casino gambling
21		deposited in the State Gaming Fund under this Section, an
22		amount equal to 5% of adjusted gross receipts generated by a
23		riverboat or a casino, other than a riverboat or casino
24		designated in paragraph (1), (3), or (4) of subsection (e-5)
25		of Section 7, shall be paid monthly, subject to appropriation
26		by the General Assembly, to the unit of local government in

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1		which the casino is located or that is designated as the home
2		dock of the riverboat. Notwithstanding anything to the
3		contrary, beginning on the first day that an owners licensee
4		under paragraph (1), (2), (3), (4), (5), or (6) of subsection
5		(e-5) of Section 7 conducts gambling operations, either in a
6		temporary facility or a permanent facility, and for 2 years
7		thereafter, a unit of local government designated as the home
8		dock of a riverboat whose license was issued before January 1,
9		2019, other than a riverboat conducting gambling operations in
10		the City of East St. Louis, shall not receive less under this
11		subsection (b) than the amount the unit of local government
12		received under this subsection (b) in calendar year 2018.
13		Notwithstanding anything to the contrary and because the City
14		of East St. Louis is a financially distressed city, beginning
15		on the first day that an owners licensee under paragraph (1),
16		(2), (3), (4), (5), or (6) of subsection (e-5) of Section 7
17		conducts gambling operations, either in a temporary facility
18		or a permanent facility, and for 10 years thereafter, a unit of
19		local government designated as the home dock of a riverboat
20		conducting gambling operations in the City of East St. Louis
21		shall not receive less under this subsection (b) than the
22		amount the unit of local government received under this
23		subsection (b) in calendar year 2018.
24		From the tax revenue deposited in the State Gaming Fund
25		pursuant to riverboat or casino gambling operations conducted
26		by a licensed manager on behalf of the State, an amount equal

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1		to 5% of adjusted gross receipts generated pursuant to those
2		riverboat or casino gambling operations shall be paid monthly,
3		subject to appropriation by the General Assembly, to the unit
4		of local government that is designated as the home dock of the
5		riverboat upon which those riverboat gambling operations are
6		conducted or in which the casino is located.
7		From the tax revenue from riverboat or casino gambling
8		deposited in the State Gaming Fund under this Section, an
9		amount equal to 5% of the adjusted gross receipts generated by
10		a riverboat designated in paragraph (3) of subsection (e-5) of
11		Section 7 shall be divided and remitted monthly, subject to
12		appropriation, as follows: 70% to Waukegan, 10% to Park City,
13		15% to North Chicago, and 5% to Lake County.
14		From the tax revenue from riverboat or casino gambling
15		deposited in the State Gaming Fund under this Section, an
16		amount equal to 5% of the adjusted gross receipts generated by
17		a riverboat designated in paragraph (4) of subsection (e-5) of
18		Section 7 shall be remitted monthly, subject to appropriation,
19		as follows: 70% to the City of Rockford, 5% to the City of
20		Loves Park, 5% to the Village of Machesney, and 20% to
21		Winnebago County.
22		From the tax revenue from riverboat or casino gambling
23		deposited in the State Gaming Fund under this Section, an
24		amount equal to 5% of the adjusted gross receipts generated by
25		a riverboat designated in paragraph (5) of subsection (e-5) of
26		Section 7 shall be remitted monthly, subject to appropriation,

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1		as follows: 2% to the unit of local government in which the
2		riverboat or casino is located, and 3% shall be distributed:
3		(A) in accordance with a regional capital development plan
4		entered into by the following communities: Village of Beecher,
5		City of Blue Island, Village of Burnham, City of Calumet City,
6		Village of Calumet Park, City of Chicago Heights, City of
7		Country Club Hills, Village of Crestwood, Village of Crete,
8		Village of Dixmoor, Village of Dolton, Village of East Hazel
9		Crest, Village of Flossmoor, Village of Ford Heights, Village
10		of Glenwood, City of Harvey, Village of Hazel Crest, Village
11		of Homewood, Village of Lansing, Village of Lynwood, City of
12		Markham, Village of Matteson, Village of Midlothian, Village
13		of Monee, City of Oak Forest, Village of Olympia Fields,
14		Village of Orland Hills, Village of Orland Park, City of Palos
15		Heights, Village of Park Forest, Village of Phoenix, Village
16		of Posen, Village of Richton Park, Village of Riverdale,
17		Village of Robbins, Village of Sauk Village, Village of South
18		Chicago Heights, Village of South Holland, Village of Steger,
19		Village of Thornton, Village of Tinley Park, Village of
20		University Park, and Village of Worth; or (B) if no regional
21		capital development plan exists, equally among the communities
22		listed in item (A) to be used for capital expenditures or
23		public pension payments, or both.
24		Units of local government may refund any portion of the
25		payment that they receive pursuant to this subsection (b) to
26		the riverboat or casino.

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1		(b-4) Beginning on the first day the licensee under
2		paragraph (5) of subsection (e-5) of Section 7 conducts
3		gambling operations, either in a temporary facility or a
4		permanent facility, and ending on July 31, 2042, from the tax
5		revenue deposited in the State Gaming Fund under this Section,
6		$5,000,000 shall be paid annually, subject to appropriation,
7		to the host municipality of that owners licensee of a license
8		issued or re-issued pursuant to Section 7.1 of this Act before
9		January 1, 2012. Payments received by the host municipality
10		pursuant to this subsection (b-4) may not be shared with any
11		other unit of local government.
12		(b-5) Beginning on June 28, 2019 (the effective date of
13		Public Act 101-31), from the tax revenue deposited in the
14		State Gaming Fund under this Section, an amount equal to 3% of
15		adjusted gross receipts generated by each organization gaming
16		facility located outside Madison County shall be paid monthly,
17		subject to appropriation by the General Assembly, to a
18		municipality other than the Village of Stickney in which each
19		organization gaming facility is located or, if the
20		organization gaming facility is not located within a
21		municipality, to the county in which the organization gaming
22		facility is located, except as otherwise provided in this
23		Section. From the tax revenue deposited in the State Gaming
24		Fund under this Section, an amount equal to 3% of adjusted
25		gross receipts generated by an organization gaming facility
26		located in the Village of Stickney shall be paid monthly,

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1		subject to appropriation by the General Assembly, as follows:
2		25% to the Village of Stickney, 5% to the City of Berwyn, 50%
3		to the Town of Cicero, and 20% to the Stickney Public Health
4		District.
5		From the tax revenue deposited in the State Gaming Fund
6		under this Section, an amount equal to 5% of adjusted gross
7		receipts generated by an organization gaming facility located
8		in the City of Collinsville shall be paid monthly, subject to
9		appropriation by the General Assembly, as follows: 30% to the
10		City of Alton, 30% to the City of East St. Louis, and 40% to
11		the City of Collinsville.
12		Municipalities and counties may refund any portion of the
13		payment that they receive pursuant to this subsection (b-5) to
14		the organization gaming facility.
15		(b-6) Beginning on June 28, 2019 (the effective date of
16		Public Act 101-31), from the tax revenue deposited in the
17		State Gaming Fund under this Section, an amount equal to 2% of
18		adjusted gross receipts generated by an organization gaming
19		facility located outside Madison County shall be paid monthly,
20		subject to appropriation by the General Assembly, to the
21		county in which the organization gaming facility is located
22		for the purposes of its criminal justice system or health care
23		system.
24		Counties may refund any portion of the payment that they
25		receive pursuant to this subsection (b-6) to the organization
26		gaming facility.

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1		(b-7) From the tax revenue from the organization gaming
2		licensee located in one of the following townships of Cook
3		County: Bloom, Bremen, Calumet, Orland, Rich, Thornton, or
4		Worth, an amount equal to 5% of the adjusted gross receipts
5		generated by that organization gaming licensee shall be
6		remitted monthly, subject to appropriation, as follows: 2% to
7		the unit of local government in which the organization gaming
8		licensee is located, and 3% shall be distributed: (A) in
9		accordance with a regional capital development plan entered
10		into by the following communities: Village of Beecher, City of
11		Blue Island, Village of Burnham, City of Calumet City, Village
12		of Calumet Park, City of Chicago Heights, City of Country Club
13		Hills, Village of Crestwood, Village of Crete, Village of
14		Dixmoor, Village of Dolton, Village of East Hazel Crest,
15		Village of Flossmoor, Village of Ford Heights, Village of
16		Glenwood, City of Harvey, Village of Hazel Crest, Village of
17		Homewood, Village of Lansing, Village of Lynwood, City of
18		Markham, Village of Matteson, Village of Midlothian, Village
19		of Monee, City of Oak Forest, Village of Olympia Fields,
20		Village of Orland Hills, Village of Orland Park, City of Palos
21		Heights, Village of Park Forest, Village of Phoenix, Village
22		of Posen, Village of Richton Park, Village of Riverdale,
23		Village of Robbins, Village of Sauk Village, Village of South
24		Chicago Heights, Village of South Holland, Village of Steger,
25		Village of Thornton, Village of Tinley Park, Village of
26		University Park, and Village of Worth; or (B) if no regional

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1		capital development plan exists, equally among the communities
2		listed in item (A) to be used for capital expenditures or
3		public pension payments, or both.
4		(b-8) In lieu of the payments under subsection (b) of this
5		Section, from the tax revenue deposited in the State Gaming
6		Fund pursuant to riverboat or casino gambling operations
7		conducted by an owners licensee under paragraph (1) of
8		subsection (e-5) of Section 7, an amount equal to the tax
9		revenue generated from the privilege tax imposed by paragraph
10		(2) of subsection (a-5) that is to be paid to the City of
11		Chicago shall be paid monthly, subject to appropriation by the
12		General Assembly, as follows: (1) an amount equal to 0.5% of
13		the annual adjusted gross receipts generated by the owners
14		licensee under paragraph (1) of subsection (e-5) of Section 7
15		to the home rule county in which the owners licensee is located
16		for the purpose of enhancing the county's criminal justice
17		system; and (2) the balance to the City of Chicago and shall be
18		expended or obligated by the City of Chicago for pension
19		payments in accordance with Public Act 99-506.
20		(c) Appropriations, as approved by the General Assembly,
21		may be made from the State Gaming Fund to the Board (i) for the
22		administration and enforcement of this Act and the Video
23		Gaming Act, (ii) for distribution to the Illinois State Police
24		and to the Department of Revenue for the enforcement of this
25		Act and the Video Gaming Act, and (iii) to the Department of
26		Human Services for the administration of programs to treat

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1		problem gambling, including problem gambling from sports
2		wagering. The Board's annual appropriations request must
3		separately state its funding needs for the regulation of
4		gaming authorized under Section 7.7, riverboat gaming, casino
5		gaming, video gaming, and sports wagering.
6		(c-2) An amount equal to 2% of the adjusted gross receipts
7		generated by an organization gaming facility located within a
8		home rule county with a population of over 3,000,000
9		inhabitants shall be paid, subject to appropriation from the
10		General Assembly, from the State Gaming Fund to the home rule
11		county in which the organization gaming licensee is located
12		for the purpose of enhancing the county's criminal justice
13		system.
14		(c-3) Appropriations, as approved by the General Assembly,
15		may be made from the tax revenue deposited into the State
16		Gaming Fund from organization gaming licensees pursuant to
17		this Section for the administration and enforcement of this
18		Act.
19		(c-4) After payments required under subsections (b),
20		(b-5), (b-6), (b-7), (c), (c-2), and (c-3) have been made from
21		the tax revenue from organization gaming licensees deposited
22		into the State Gaming Fund under this Section, all remaining
23		amounts from organization gaming licensees shall be
24		transferred into the Capital Projects Fund.
25		(c-5) (Blank).
26		(c-10) Each year the General Assembly shall appropriate

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1		from the General Revenue Fund to the Education Assistance Fund
2		an amount equal to the amount paid into the Horse Racing Equity
3		Fund pursuant to subsection (c-5) in the prior calendar year.
4		(c-15) After the payments required under subsections (b),
5		(c), and (c-5) have been made, an amount equal to 2% of the
6		adjusted gross receipts of (1) an owners licensee that
7		relocates pursuant to Section 11.2, (2) an owners licensee
8		conducting riverboat gambling operations pursuant to an owners
9		license that is initially issued after June 25, 1999, or (3)
10		the first riverboat gambling operations conducted by a
11		licensed manager on behalf of the State under Section 7.3,
12		whichever comes first, shall be paid, subject to appropriation
13		from the General Assembly, from the State Gaming Fund to each
14		home rule county with a population of over 3,000,000
15		inhabitants for the purpose of enhancing the county's criminal
16		justice system.
17		(c-20) Each year the General Assembly shall appropriate
18		from the General Revenue Fund to the Education Assistance Fund
19		an amount equal to the amount paid to each home rule county
20		with a population of over 3,000,000 inhabitants pursuant to
21		subsection (c-15) in the prior calendar year.
22		(c-21) After the payments required under subsections (b),
23		(b-4), (b-5), (b-6), (b-7), (b-8), (c), (c-3), and (c-4) have
24		been made, an amount equal to 0.5% of the adjusted gross
25		receipts generated by the owners licensee under paragraph (1)
26		of subsection (e-5) of Section 7 shall be paid monthly,

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1		subject to appropriation from the General Assembly, from the
2		State Gaming Fund to the home rule county in which the owners
3		licensee is located for the purpose of enhancing the county's
4		criminal justice system.
5		(c-22) After the payments required under subsections (b),
6		(b-4), (b-5), (b-6), (b-7), (b-8), (c), (c-3), (c-4), and
7		(c-21) have been made, an amount equal to 2% of the adjusted
8		gross receipts generated by the owners licensee under
9		paragraph (5) of subsection (e-5) of Section 7 shall be paid,
10		subject to appropriation from the General Assembly, from the
11		State Gaming Fund to the home rule county in which the owners
12		licensee is located for the purpose of enhancing the county's
13		criminal justice system.
14		(c-25) From July 1, 2013 and each July 1 thereafter
15		through July 1, 2019, $1,600,000 shall be transferred from the
16		State Gaming Fund to the Chicago State University Education
17		Improvement Fund.
18		On July 1, 2020 and each July 1 thereafter, $3,000,000
19		shall be transferred from the State Gaming Fund to the Chicago
20		State University Education Improvement Fund.
21		(c-30) On July 1, 2013 or as soon as possible thereafter,
22		$92,000,000 shall be transferred from the State Gaming Fund to
23		the School Infrastructure Fund and $23,000,000 shall be
24		transferred from the State Gaming Fund to the Horse Racing
25		Equity Fund.
26		(c-35) Beginning on July 1, 2013, in addition to any

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1		amount transferred under subsection (c-30) of this Section,
2		$5,530,000 shall be transferred monthly from the State Gaming
3		Fund to the School Infrastructure Fund.
4		(d) From time to time, through June 30, 2021, the Board
5		shall transfer the remainder of the funds generated by this
6		Act into the Education Assistance Fund.
7		(d-5) Beginning on July 1, 2021, on the last day of each
8		month, or as soon thereafter as possible, after all the
9		required expenditures, distributions, and transfers have been
10		made from the State Gaming Fund for the month pursuant to
11		subsections (b) through (c-35), at the direction of the Board,
12		the Comptroller shall direct and the Treasurer shall transfer
13		$22,500,000, along with any deficiencies in such amounts from
14		prior months in the same fiscal year, from the State Gaming
15		Fund to the Education Assistance Fund; then, at the direction
16		of the Board, the Comptroller shall direct and the Treasurer
17		shall transfer the remainder of the funds generated by this
18		Act, if any, from the State Gaming Fund to the Capital Projects
19		Fund.
20		(e) Nothing in this Act shall prohibit the unit of local
21		government designated as the home dock of the riverboat from
22		entering into agreements with other units of local government
23		in this State or in other states to share its portion of the
24		tax revenue.
25		(f) To the extent practicable, the Board shall administer
26		and collect the wagering taxes imposed by this Section in a

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1		manner consistent with the provisions of Sections 4, 5, 5a,
2		5b, 5c, 5d, 5e, 5f, 5g, 5i, 5j, 6, 6a, 6b, 6c, 8, 9, and 10 of
3		the Retailers' Occupation Tax Act and Section 3-7 of the
4		Uniform Penalty and Interest Act.
5		(Source: P.A. 101-31, Article 25, Section 25-910, eff.
6		6-28-19; 101-31, Article 35, Section 35-55, eff. 6-28-19;
7		101-648, eff. 6-30-20; 102-16, eff. 6-17-21; 102-538, eff.
8		8-20-21; 102-689, eff. 12-17-21.)
9		Section 5-98. The Illinois Public Aid Code is amended by
10		changing Sections 5-5.01a and 5-5.7a and by adding Sections
11		5-5.7b and 12-4.56 as follows:
12		(305 ILCS 5/5-5.01a)
13		Sec. 5-5.01a. Supportive living facilities program.
14		(a) The Department shall establish and provide oversight
15		for a program of supportive living facilities that seek to
16		promote resident independence, dignity, respect, and
17		well-being in the most cost-effective manner.
18		A supportive living facility is (i) a free-standing
19		facility or (ii) a distinct physical and operational entity
20		within a mixed-use building that meets the criteria
21		established in subsection (d). A supportive living facility
22		integrates housing with health, personal care, and supportive
23		services and is a designated setting that offers residents
24		their own separate, private, and distinct living units.

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1		Sites for the operation of the program shall be selected
2		by the Department based upon criteria that may include the
3		need for services in a geographic area, the availability of
4		funding, and the site's ability to meet the standards.
5		(b) Beginning July 1, 2014, subject to federal approval,
6		the Medicaid rates for supportive living facilities shall be
7		equal to the supportive living facility Medicaid rate
8		effective on June 30, 2014 increased by 8.85%. Once the
9		assessment imposed at Article V-G of this Code is determined
10		to be a permissible tax under Title XIX of the Social Security
11		Act, the Department shall increase the Medicaid rates for
12		supportive living facilities effective on July 1, 2014 by
13		9.09%. The Department shall apply this increase retroactively
14		to coincide with the imposition of the assessment in Article
15		V-G of this Code in accordance with the approval for federal
16		financial participation by the Centers for Medicare and
17		Medicaid Services.
18		The Medicaid rates for supportive living facilities
19		effective on July 1, 2017 must be equal to the rates in effect
20		for supportive living facilities on June 30, 2017 increased by
21		2.8%.
22		The Medicaid rates for supportive living facilities
23		effective on July 1, 2018 must be equal to the rates in effect
24		for supportive living facilities on June 30, 2018.
25		Subject to federal approval, the Medicaid rates for
26		supportive living services on and after July 1, 2019 must be at

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1		least 54.3% of the average total nursing facility services per
2		diem for the geographic areas defined by the Department while
3		maintaining the rate differential for dementia care and must
4		be updated whenever the total nursing facility service per
5		diems are updated. Beginning July 1, 2022, upon the
6		implementation of the Patient Driven Payment Model, Medicaid
7		rates for supportive living services must be at least 54.3% of
8		the average total nursing services per diem rate for the
9		geographic areas. For purposes of this provision, the average
10		total nursing services per diem rate shall include all add-ons
11		for nursing facilities for the geographic area provided for in
12		Section 5-5.2. The rate differential for dementia care must be
13		maintained in these rates and the rates shall be updated
14		whenever nursing facility per diem rates are updated.
15		(c) The Department may adopt rules to implement this
16		Section. Rules that establish or modify the services,
17		standards, and conditions for participation in the program
18		shall be adopted by the Department in consultation with the
19		Department on Aging, the Department of Rehabilitation
20		Services, and the Department of Mental Health and
21		Developmental Disabilities (or their successor agencies).
22		(d) Subject to federal approval by the Centers for
23		Medicare and Medicaid Services, the Department shall accept
24		for consideration of certification under the program any
25		application for a site or building where distinct parts of the
26		site or building are designated for purposes other than the

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1		provision of supportive living services, but only if:
2		(1) those distinct parts of the site or building are
3		not designated for the purpose of providing assisted
4		living services as required under the Assisted Living and
5		Shared Housing Act;
6		(2) those distinct parts of the site or building are
7		completely separate from the part of the building used for
8		the provision of supportive living program services,
9		including separate entrances;
10		(3) those distinct parts of the site or building do
11		not share any common spaces with the part of the building
12		used for the provision of supportive living program
13		services; and
14		(4) those distinct parts of the site or building do
15		not share staffing with the part of the building used for
16		the provision of supportive living program services.
17		(e) Facilities or distinct parts of facilities which are
18		selected as supportive living facilities and are in good
19		standing with the Department's rules are exempt from the
20		provisions of the Nursing Home Care Act and the Illinois
21		Health Facilities Planning Act.
22		(f) Section 9817 of the American Rescue Plan Act of 2021
23		(Public Law 117-2) authorizes a 10% enhanced federal medical
24		assistance percentage for supportive living services for a
25		12-month period from April 1, 2021 through March 31, 2022.
26		Subject to federal approval, including the approval of any

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1		necessary waiver amendments or other federally required
2		documents or assurances, for a 12-month period the Department
3		must pay a supplemental $26 per diem rate to all supportive
4		living facilities with the additional federal financial
5		participation funds that result from the enhanced federal
6		medical assistance percentage from April 1, 2021 through March
7		31, 2022. The Department may issue parameters around how the
8		supplemental payment should be spent, including quality
9		improvement activities. The Department may alter the form,
10		methods, or timeframes concerning the supplemental per diem
11		rate to comply with any subsequent changes to federal law,
12		changes made by guidance issued by the federal Centers for
13		Medicare and Medicaid Services, or other changes necessary to
14		receive the enhanced federal medical assistance percentage.
15		(Source: P.A. 101-10, eff. 6-5-19; 102-43, eff. 7-6-21.)
16		(305 ILCS 5/5-5.7a)
17		Sec. 5-5.7a. Pandemic related stability payments for
18		health care providers. Notwithstanding other provisions of
19		law, and in accordance with the Illinois Emergency Management
20		Agency, the Department of Healthcare and Family Services shall
21		develop a process to distribute pandemic related stability
22		payments, from federal sources dedicated for such purposes, to
23		health care providers that are providing care to recipients
24		under the Medical Assistance Program. For provider types
25		serving residents who are recipients of medical assistance

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1		under this Code and are funded by other State agencies, the
2		Department will coordinate the distribution process of the
3		pandemic related stability payments. Federal sources dedicated
4		to pandemic related payments include, but are not limited to,
5		funds distributed to the State of Illinois from the
6		Coronavirus Relief Fund pursuant to the Coronavirus Aid,
7		Relief, and Economic Security Act ("CARES Act") and from the
8		Coronavirus State Fiscal Recovery Fund pursuant to Section
9		9901 of the American Rescue Plan Act of 2021, that are
10		appropriated to the Department during Fiscal Years 2020, 2021,
11		and 2022 for purposes permitted by those federal laws and
12		related federal guidance.
13		(1) Pandemic related stability payments for these
14		providers shall be separate and apart from any rate
15		methodology otherwise defined in this Code to the extent
16		permitted in accordance with Section 5001 of the CARES Act
17		and Section 9901 of the American Rescue Plan Act of 2021
18		and any related federal guidance.
19		(2) Payments made from moneys received from the
20		Coronavirus Relief Fund shall be used exclusively for
21		expenses incurred by the providers that are eligible for
22		reimbursement from the Coronavirus Relief Fund in
23		accordance with Section 5001 of the CARES Act and related
24		federal guidance. Payments made from moneys received from
25		the Coronavirus State Fiscal Recovery Fund shall be used
26		exclusively for purposes permitted by Section 9901 of the

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1		American Rescue Plan Act of 2021 and related federal
2		guidance.
3		(3) All providers receiving pandemic related stability
4		payments shall attest in a format to be created by the
5		Department and be able to demonstrate that their expenses
6		are pandemic related, were not part of their annual
7		budgets established before March 1, 2020, and are directly
8		associated with health care needs.
9		(4) Pandemic related stability payments will be
10		distributed based on a schedule and framework to be
11		established by the Department with recognition of the
12		pandemic related acuity of the situation for each
13		provider, taking into account the factors including, but
14		not limited to, the following:
15		(A) the impact of the pandemic on patients served,
16		impact on staff, and shortages of the personal
17		protective equipment necessary for infection control
18		efforts for all providers;
19		(B) COVID-19 positivity rates among staff, or
20		patients, or both;
21		(C) pandemic related workforce challenges and
22		costs associated with temporary wage increases
23		associated with pandemic related hazard pay programs,
24		or costs associated with which providers do not have
25		enough staff to adequately provide care and protection
26		to the residents and other staff;

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1		(D) providers with significant reductions in
2		utilization that result in corresponding reductions in
3		revenue as a result of the pandemic, including, but
4		not limited to, the cancellation or postponement of
5		elective procedures and visits;
6		(E) pandemic related payments received directly by
7		the providers through other federal resources;
8		(F) current efforts to respond to and provide
9		services to communities disproportionately impacted by
10		the COVID-19 public health emergency, including
11		low-income and socially vulnerable communities that
12		have seen the most severe health impacts and
13		exacerbated health inequities along racial, ethnic,
14		and socioeconomic lines; and
15		(G) provider needs for capital improvements to
16		existing facilities, including upgrades to HVAC and
17		ventilation systems and capital improvements for
18		enhancing infection control or reducing crowding,
19		which may include bed-buybacks.
20		(5) Pandemic related stability payments made from
21		moneys received from the Coronavirus Relief Fund will be
22		distributed to providers based on a methodology to be
23		administered by the Department with amounts determined by
24		a calculation of total federal pandemic related funds
25		appropriated by the Illinois General Assembly for this
26		purpose. Providers receiving the pandemic related

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1		stability payments will attest to their increased costs,
2		declining revenues, and receipt of additional pandemic
3		related funds directly from the federal government.
4		(6) Of the payments provided for by this Section made
5		from moneys received from the Coronavirus Relief Fund, a
6		minimum of 30% shall be allotted for health care providers
7		that serve the ZIP codes located in the most
8		disproportionately impacted areas of Illinois, based on
9		positive COVID-19 cases based on data collected by the
10		Department of Public Health and provided to the Department
11		of Healthcare and Family Services.
12		(7) From funds appropriated, directly or indirectly,
13		from moneys received by the State from the Coronavirus
14		State Fiscal Recovery Fund for Fiscal Years 2021 and 2022,
15		the Department shall expend such funds only for purposes
16		permitted by Section 9901 of the American Rescue Plan Act
17		of 2021 and related federal guidance. Such expenditures
18		may include, but are not limited to: payments to providers
19		for costs incurred due to the COVID-19 public health
20		emergency; unreimbursed costs for testing and treatment of
21		uninsured Illinois residents; costs of COVID-19 mitigation
22		and prevention; medical expenses related to aftercare or
23		extended care for COVID-19 patients with longer term
24		symptoms and effects; costs of behavioral health care;
25		costs of public health and safety staff; and expenditures
26		permitted in order to address (i) disparities in public

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1		health outcomes, (ii) nursing and other essential health
2		care workforce investments, (iii) exacerbation of
3		pre-existing disparities, and (iv) promoting healthy
4		childhood environments.
5		(8) From funds appropriated, directly or indirectly,
6		from moneys received by the State from the Coronavirus
7		State Fiscal Recovery Fund for Fiscal Years 2022 and 2023,
8		the Department shall establish a program for making
9		payments to long term care service providers and
10		facilities, for purposes related to financial support for
11		workers in the long term care industry, but only as
12		permitted by either the CARES Act or Section 9901 of the
13		American Rescue Plan Act of 2021 and related federal
14		guidance, including, but not limited to the following:
15		monthly amounts of $25,000,000 per month for July 2021,
16		August 2021, and September 2021 where at least 50% of the
17		funds in July shall be passed directly to front line
18		workers and an additional 12.5% more in each of the next 2
19		months; financial support programs for providers enhancing
20		direct care staff recruitment efforts through the payment
21		of education expenses; and financial support programs for
22		providers offering enhanced and expanded training for all
23		levels of the long term care healthcare workforce to
24		achieve better patient outcomes, such as training on
25		infection control, proper personal protective equipment,
26		best practices in quality of care, and culturally

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1		competent patient communications. The Department shall
2		have the authority to audit and potentially recoup funds
3		not utilized as outlined and attested.
4		(8.5) From funds appropriated, directly or indirectly,
5		from moneys received by the State from the Coronavirus
6		State Fiscal Recovery Fund, the Department shall establish
7		a grant program to provide premium pay to front line
8		workers at facilities licensed by the Department of Public
9		Health under the Nursing Home Care Act as skilled nursing
10		facilities or intermediate care facilities.
11		(A) Awards pursuant to this program shall comply
12		with the requirements of Section 9901 of the American
13		Rescue Plan Act of 2021 and all related federal
14		guidance. Awards shall be scaled based on a process
15		determined by the Department. The amount awarded to
16		each recipient shall not exceed $3.17 per nursing
17		hour. Awards shall be for eligible expenditures
18		incurred no earlier than May 1, 2022 and no later than
19		June 30, 2023.
20		(B) Financial assistance under this paragraph
21		(8.5) shall be expended only for premium pay for
22		eligible workers, which must be in addition to any
23		wages or remuneration the eligible worker has already
24		received and shall be subject to the other
25		requirements and limitations set forth in the American
26		Rescue Plan Act of 2021 and related federal guidance.

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1		(C) Upon receipt of funds, recipients shall
2		distribute funds such that eligible workers receive an
3		amount up to $13 per hour but no more than $25,000 for
4		the duration of the program. Recipients shall provide
5		a written certification to the Department
6		acknowledging compliance with this paragraph.
7		(D) No portion of these funds shall be spent on
8		volunteer or temporary staff, and these funds shall
9		not be used to make retroactive premium payments
10		before the effective date of this amendatory Act of
11		the 102nd General Assembly.
12		(E) The Department shall require each recipient
13		under this paragraph to submit appropriate
14		documentation acknowledging compliance with State and
15		federal law. For purposes of this paragraph, "eligible
16		worker" means a permanent staff member, regardless of
17		union affiliation, of a facility licensed by the
18		Department of Public Health under the Nursing Home
19		Care Act as a skilled nursing facility or intermediate
20		care facility engaged in "essential work", as defined
21		by Section 9901 of the American Rescue Plan Act of 2021
22		and related federal guidance, and (1) whose total pay
23		is below 150% of the average annual wage for all
24		occupations in the worker's county of residence, as
25		defined by the Bureau of Labor Statistics Occupational
26		Employment and Wage Statistics, or (2) is not exempt

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1		from the federal Fair Labor Standards Act overtime
2		provisions.
3		(9) From funds appropriated, directly or indirectly,
4		from moneys received by the State from the Coronavirus
5		State Fiscal Recovery Fund for Fiscal Years 2022 through
6		2024 the Department shall establish programs a program for
7		making payments to facilities licensed under the Nursing
8		Home Care Act and facilities licensed under the
9		Specialized Mental Health Rehabilitation Act of 2013. To
10		the extent permitted by Section 9901 of the American
11		Rescue Plan Act of 2021 and related federal guidance, the
12		programs program shall provide:
13		(A) Payments provide payments for making permanent
14		improvements to resident rooms in order to improve
15		resident outcomes and infection control. Funds may be
16		used to reduce bed capacity and room occupancy. To be
17		eligible for funding, a facility must submit an
18		application to the Department as prescribed by the
19		Department and as published on its website. A facility
20		may need to receive approval from the Health
21		Facilities and Services Review Board for the permanent
22		improvements or the removal of the beds before it can
23		receive payment under this paragraph.
24		(B) Payments to reimburse facilities licensed by
25		the Department of Public Health under the Nursing Home
26		Care Act as skilled nursing facilities or intermediate

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1		care facilities for eligible expenses related to the
2		public health impacts of the COVID-19 public health
3		emergency, including, but not limited to, costs
4		related to COVID-19 testing for residents, COVID-19
5		prevention and treatment equipment, medical supplies,
6		and personal protective equipment.
7		(i) Awards made pursuant to this program shall
8		comply with the requirements of Section 9901 of
9		the American Rescue Plan Act of 2021 and all
10		related federal guidance. The amount awarded to
11		each recipient shall not exceed $1.71 per nursing
12		hour. Permissible expenditures must be made no
13		earlier than May 1, 2022 and no later than June 30,
14		2023.
15		(ii) Financial assistance pursuant to this
16		paragraph shall not be expended for premium pay.
17		(iii) The Department shall require each
18		recipient under this paragraph to submit
19		appropriate documentation acknowledging
20		compliance with State and federal law.
21		(Source: P.A. 101-636, eff. 6-10-20; 102-16, eff. 6-17-21;
22		102-687, eff. 12-17-21.)
23		(305 ILCS 5/5-5.7b new)
24		Sec. 5-5.7b. Pandemic related stability payments to
25		ambulance service providers in response to COVID-19.

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1		(a) Definitions. As used in this Section:
2		"Ambulance Services Industry" means the industry that is
3		comprised of "Qualifying Ground Ambulance Service Providers",
4		as defined in this Section.
5		"Qualifying Ground Ambulance Service Provider" means a
6		"vehicle service provider," as that term is defined in Section
7		3.85 of the Emergency Medical Services (EMS) Systems Act,
8		which operates licensed ambulances for the purpose of
9		providing emergency, non-emergency ambulance services, or both
10		emergency and non-emergency ambulance services. The term
11		"Qualifying Ground Ambulance Service Provider" is limited to
12		ambulance and EMS agencies that are privately held and
13		nonprofit organizations headquartered within the State and
14		licensed by the Department of Public Health as of March 12,
15		2020.
16		"Eligible worker" means a staff member of a Qualifying
17		Ground Ambulance Service Provider engaged in "essential work",
18		as defined by Section 9901 of the ARPA and related federal
19		guidance, and (1) whose total pay is below 150% of the average
20		annual wage for all occupations in the worker's county of
21		residence, as defined by the BLS Occupational Employment and
22		Wage Statistics or (2) is not exempt from the federal Fair
23		Labor Standards Act overtime provisions.
24		(b) Purpose. The Department may receive federal funds
25		under the authority of legislation passed in response to the
26		Coronavirus epidemic, including, but not limited to, the

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1		American Rescue Plan Act of 2021, P.L. 117-2 (the "ARPA").
2		Upon receipt or availability of such State or federal funds,
3		and subject to appropriations for their use, the Department
4		shall establish and administer programs for purposes allowable
5		under Section 9901 of the ARPA to provide financial assistance
6		to Qualifying Ground Ambulance Service Providers for premium
7		pay for eligible workers, to provide reimbursement for
8		eligible expenditures, and to provide support following the
9		negative economic impact of the COVID-19 public health
10		emergency on the Ambulance Services Industry. Financial
11		assistance may include, but is not limited to, grants, expense
12		reimbursements, or subsidies.
13		(c) Non-Emergency Service Certification. To be eligible
14		for funding under this Section, a Qualifying Ground Ambulance
15		Service Provider that provides non-emergency services to
16		institutional residents must certify that it will provide
17		non-emergency ambulance services to individuals enrolled in
18		the State's Medical Assistance Program and residing in
19		non-institutional settings for at least one year following the
20		receipt of funding pursuant to this amendatory Act of the
21		102nd General Assembly. The provider shall maintain the
22		certification in its records. The provider shall also maintain
23		documentation of all non-emergency ambulance services for the
24		period covered by the certification. The provider shall
25		produce the certification and supporting documentation upon
26		demand by the Department or its representative. Failure to

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1		comply shall result in recovery of any payments made by the
2		Department.
3		(d) Premium Pay Initiative. Subject to paragraph (c) of
4		this Section, the Department shall establish a Premium Pay
5		Initiative to distribute awards to each Qualifying Ground
6		Ambulance Service Provider for the purpose of providing
7		premium pay to eligible workers.
8		(1) Financial assistance pursuant to this paragraph
9		(d) shall be scaled based on a process determined by the
10		Department. The amount awarded to each Qualifying Ground
11		Ambulance Service Provider shall be up to $13 per hour for
12		each eligible worker employed.
13		(2) The financial assistance awarded shall only be
14		expended for premium pay for eligible workers, which must
15		be in addition to any wages or remuneration the eligible
16		worker has already received and shall be subject to the
17		other requirements and limitations set forth in the ARPA
18		and related federal guidance.
19		(3) Upon receipt of funds, the Qualifying Ground
20		Ambulance Service Provider shall distribute funds such
21		that an eligible worker receives an amount up to $13 per
22		hour but no more than $25,000 for the duration of the
23		program. The Qualifying Ground Ambulance Service Provider
24		shall provide a written certification to the Department
25		acknowledging compliance with this paragraph (d).
26		(4) No portion of these funds shall be spent on

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1		volunteer staff.
2		(5) These funds shall not be used to make retroactive
3		premium payments prior to the effective date of this
4		amendatory Act of the 102nd General Assembly.
5		(6) The Department shall require each Qualifying
6		Ground Ambulance Service Provider that receives funds
7		under this paragraph (d) to submit appropriate
8		documentation acknowledging compliance with State and
9		federal law on an annual basis.
10		(e) COVID-19 Response Support Initiative. Subject to
11		paragraph (c) of this Section and based on an application
12		filed by a Qualifying Ground Ambulance Service Provider, the
13		Department shall establish the Ground Ambulance COVID-19
14		Response Support Initiative. The purpose of the award shall be
15		to reimburse Qualifying Ground Ambulance Service Providers for
16		eligible expenses under Section 9901 of the ARPA related to
17		the public health impacts of the COVID-19 public health
18		emergency, including but not limited to costs related to
19		COVID-19 testing for patients, COVID-19 prevention and
20		treatment equipment, medical supplies, personal protective
21		equipment, and other emergency medical response treatments.
22		(1) The award shall be for eligible expenditures
23		incurred no earlier than May 1, 2022 and no later than June
24		30, 2023.
25		(2) Funds awarded under this paragraph (e) shall not
26		be expended for premium pay to eligible workers.

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1		(3) The Department shall require each Qualifying
2		Ground Ambulance Service Provider that receives funds
3		under this paragraph (e) to submit appropriate
4		documentation acknowledging compliance with State and
5		federal law on an annual basis.
6		(f) Ambulance Industry Recovery Program. If the Department
7		designates the Ambulance Services Industry as an "impacted
8		industry", as defined by the ARPA and related federal
9		guidance, the Department shall establish the Ambulance
10		Industry Recovery Grant Program, to provide aid to Qualifying
11		Ground Ambulance Service Providers that experienced staffing
12		losses due to the COVID-19 public health emergency.
13		(1) Funds awarded under this paragraph (f) shall not
14		be expended for premium pay to eligible workers.
15		(2) Each Qualifying Ground Ambulance Service Provider
16		that receives funds under this paragraph (f) shall comply
17		with paragraph (c) of this Section.
18		(3) The Department shall require each Qualifying
19		Ground Ambulance Service Provider that receives funds
20		under this paragraph (f) to submit appropriate
21		documentation acknowledging compliance with State and
22		federal law on an annual basis.
23		(305 ILCS 5/12-4.56 new)
24		Sec. 12-4.56. Managed Primary Care Demonstration Project.
25		The Department shall establish and implement a Managed Primary

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1		Care Demonstration Project to provide primary care services
2		that are focused on preventive rather than curative care to
3		persons who reside in underserved communities that lack
4		accessible health and medical services. The demonstration
5		project shall operate for a 5-year period and provide
6		supplemental services to medical assistance recipients. The
7		Department shall contract with a health care organization
8		through a competitive process that is capable of providing
9		patient-centered, prevention-focused services, that may
10		include, but are not limited to, the following:
11		(1) Patient navigators to manage patient care.
12		(2) Patient-tailored preventive health care plans.
13		(3) Administrative personal health care consultants
14		for home health maintenance between medical office visits.
15		(4) Clinical personal health care consultants for
16		telehealth (health information and advice) and wellness
17		initiatives.
18		(5) A patient portal.
19		(6) An online virtual health hub that provides
20		patients with access to wellness, self-guided education,
21		health seminars, a video library, and additional health
22		and wellness resources.
23		(7) Community health and human services centers to
24		engage, educate, and empower patients to get involved in
25		their own self-care.
26		(8) Mobile preventive health stations and kiosks to

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1		bring services to underserved communities that are health
2		or medical deserts.
3		(9) Call centers to interact with medical homes and
4		facilitate service offerings.
5		A request for proposals for the demonstration project
6		shall be issued by December 31, 2022.
7		Section 5-100. The Energy Assistance Act is amended by
8		changing Sections 3, 6, and 13 as follows:
9		(305 ILCS 20/3) (from Ch. 111 2/3, par. 1403)
10		Sec. 3. Definitions. As used in this Act, unless the
11		context otherwise requires:
12		The (a) the terms defined in Sections 3-101 through 3-121
13		of the Public Utilities Act have the meanings ascribed to them
14		in that Act. ;
15		(b) "Department" means the Department of Commerce and
16		Economic Opportunity. ;
17		"Energy conservation measure" means any measure installed
18		in a dwelling that reduces energy consumption.
19		"Energy (c) "energy provider" means any utility, municipal
20		utility, cooperative utility, or any other corporation or
21		individual which provides winter energy services. ;
22		"Healthy home measure" means any measure that is intended
23		to keep a dwelling dry, clean, safe, well ventilated, pest
24		free, contaminant free, maintained, or thermally controlled.

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1		"Home improvement measure" means any measure that is
2		intended to make a dwelling weatherization-ready by
3		alleviating deferrals from weatherization activities or
4		allowing for the addition of renewable energy retrofits, or
5		both.
6		"Measure" means the installation of any equipment, device,
7		or material in a dwelling.
8		"Renewable energy retrofit" means any retrofit required
9		for the use of energy from a solar photovoltaic, solar
10		thermal, wind, or geothermal energy system.
11		"Winter" (d) "winter" means the period from November 1 of
12		any year through April 30 of the following year.
13		(Source: P.A. 95-331, eff. 8-21-07; 96-33, eff. 7-10-09;
14		96-154, eff. 1-1-10.)
15		(305 ILCS 20/6) (from Ch. 111 2/3, par. 1406)
16		Sec. 6. Eligibility, conditions of participation, and
17		energy assistance.
18		(a) Any person who is a resident of the State of Illinois
19		and whose household income is not greater than an amount
20		determined annually by the Department, in consultation with
21		the Policy Advisory Council, may apply for assistance pursuant
22		to this Act in accordance with regulations promulgated by the
23		Department. In setting the annual eligibility level, the
24		Department shall consider the amount of available funding and
25		may not set a limit higher than 150% of the federal nonfarm

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1		poverty level as established by the federal Office of
2		Management and Budget or 60% of the State median income for the
3		current State fiscal year as established by the U.S.
4		Department of Health and Human Services; except that for the
5		period from the effective date of this amendatory Act of the
6		101st General Assembly through June 30, 2021, the Department
7		may establish limits not higher than 200% of that poverty
8		level. The Department, in consultation with the Policy
9		Advisory Council, may adjust the percentage of poverty level
10		annually in accordance with federal guidelines and based on
11		funding availability.
12		(b) Applicants who qualify for assistance pursuant to
13		subsection (a) of this Section shall, subject to appropriation
14		from the General Assembly and subject to availability of funds
15		to the Department, receive energy assistance as provided by
16		this Act. The Department, upon receipt of monies authorized
17		pursuant to this Act for energy assistance, shall commit funds
18		for each qualified applicant in an amount determined by the
19		Department. In determining the amounts of assistance to be
20		provided to or on behalf of a qualified applicant, the
21		Department shall ensure that the highest amounts of assistance
22		go to households with the greatest energy costs in relation to
23		household income. The Department shall include factors such as
24		energy costs, household size, household income, and region of
25		the State when determining individual household benefits. In
26		setting assistance levels, the Department shall attempt to

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1		provide assistance to approximately the same number of
2		households who participated in the 1991 Residential Energy
3		Assistance Partnership Program. Such assistance levels shall
4		be adjusted annually on the basis of funding availability and
5		energy costs. In promulgating rules for the administration of
6		this Section the Department shall assure that a minimum of 1/3
7		of funds available for benefits to eligible households with
8		the lowest incomes and that elderly households, households
9		with children under the age of 6 years old, and households with
10		persons with disabilities are offered a priority application
11		period.
12		(c) If the applicant is not a customer of record of an
13		energy provider for energy services or an applicant for such
14		service, such applicant shall receive a direct energy
15		assistance payment in an amount established by the Department
16		for all such applicants under this Act; provided, however,
17		that such an applicant must have rental expenses for housing
18		greater than 30% of household income.
19		(c-1) This subsection shall apply only in cases where: (1)
20		the applicant is not a customer of record of an energy provider
21		because energy services are provided by the owner of the unit
22		as a portion of the rent; (2) the applicant resides in housing
23		subsidized or developed with funds provided under the Rental
24		Housing Support Program Act or under a similar locally funded
25		rent subsidy program, or is the voucher holder who resides in a
26		rental unit within the State of Illinois and whose monthly

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1		rent is subsidized by the tenant-based Housing Choice Voucher
2		Program under Section 8 of the U.S. Housing Act of 1937; and
3		(3) the rental expenses for housing are no more than 30% of
4		household income. In such cases, the household may apply for
5		an energy assistance payment under this Act and the owner of
6		the housing unit shall cooperate with the applicant by
7		providing documentation of the energy costs for that unit. Any
8		compensation paid to the energy provider who supplied energy
9		services to the household shall be paid on behalf of the owner
10		of the housing unit providing energy services to the
11		household. The Department shall report annually to the General
12		Assembly on the number of households receiving energy
13		assistance under this subsection and the cost of such
14		assistance. The provisions of this subsection (c-1), other
15		than this sentence, are inoperative after August 31, 2012.
16		(d) If the applicant is a customer of an energy provider,
17		such applicant shall receive energy assistance in an amount
18		established by the Department for all such applicants under
19		this Act, such amount to be paid by the Department to the
20		energy provider supplying winter energy service to such
21		applicant. Such applicant shall:
22		(i) make all reasonable efforts to apply to any other
23		appropriate source of public energy assistance; and
24		(ii) sign a waiver permitting the Department to
25		receive income information from any public or private
26		agency providing income or energy assistance and from any

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1		employer, whether public or private.
2		(e) Any qualified applicant pursuant to this Section may
3		receive or have paid on such applicant's behalf an emergency
4		assistance payment to enable such applicant to obtain access
5		to winter energy services. Any such payments shall be made in
6		accordance with regulations of the Department.
7		(f) The Department may, if sufficient funds are available,
8		provide additional benefits to certain qualified applicants:
9		(i) for the reduction of past due amounts owed to
10		energy providers; and
11		(ii) to assist the household in responding to
12		excessively high summer temperatures or energy costs.
13		Households containing elderly members, children, a person
14		with a disability, or a person with a medical need for
15		conditioned air shall receive priority for receipt of such
16		benefits; and .
17		(iii) for the installation of energy conservation
18		measures, health and safety measures, healthy home
19		measures, home improvement measures to help alleviate
20		deferrals from weatherization activities, and renewable
21		energy retrofits.
22		(Source: P.A. 101-636, eff. 6-10-20; 102-16, eff. 6-17-21;
23		102-176, eff. 6-1-22.)
24		(305 ILCS 20/13)
25		(Section scheduled to be repealed on January 1, 2025)

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1		Sec. 13. Supplemental Low-Income Energy Assistance Fund.
2		(a) The Supplemental Low-Income Energy Assistance Fund is
3		hereby created as a special fund in the State Treasury. The
4		Supplemental Low-Income Energy Assistance Fund is authorized
5		to receive moneys from voluntary donations from individuals,
6		foundations, corporations, and other sources, moneys received
7		pursuant to Section 17, and, by statutory deposit, the moneys
8		collected pursuant to this Section. The Fund is also
9		authorized to receive voluntary donations from individuals,
10		foundations, corporations, and other sources. Subject to
11		appropriation, the Department shall use moneys from the
12		Supplemental Low-Income Energy Assistance Fund for: (i)
13		payments to electric or gas public utilities, municipal
14		electric or gas utilities, and electric cooperatives on behalf
15		of their customers who are participants in the program
16		authorized by Sections 4 and 18 of this Act; (ii) , for the
17		provision of weatherization services, including, but not
18		limited to, the installation of energy conservation measures,
19		health and safety measures, healthy home measures, home
20		improvement measures to alleviate the deferrals of certain
21		projects, including, but not limited to, roofs and foundation
22		repairs, and renewable energy retrofits; and (iii) for
23		administration of the Supplemental Low-Income Energy
24		Assistance Fund. All other deposits outside of the Energy
25		Assistance Charge as set forth in subsection (b) are not
26		subject to the percentage restrictions related to

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1		administrative and weatherization expenses provided in this
2		subsection. The yearly expenditures for weatherization may not
3		exceed 10% of the amount collected during the year pursuant to
4		this Section, except when unspent funds from the Supplemental
5		Low-Income Energy Assistance Fund are reallocated from a
6		previous year; any unspent balance of the 10% weatherization
7		allowance may be utilized for weatherization expenses in the
8		year they are reallocated. The yearly administrative expenses
9		of the Supplemental Low-Income Energy Assistance Fund may not
10		exceed 13% of the amount collected during that year pursuant
11		to this Section, except when unspent funds from the
12		Supplemental Low-Income Energy Assistance Fund are reallocated
13		from a previous year; any unspent balance of the 13%
14		administrative allowance may be utilized for administrative
15		expenses in the year they are reallocated. Of the 13%
16		administrative allowance, no less than 8% shall be provided to
17		Local Administrative Agencies for administrative expenses.
18		(b) Notwithstanding the provisions of Section 16-111 of
19		the Public Utilities Act but subject to subsection (k) of this
20		Section, each public utility, electric cooperative, as defined
21		in Section 3.4 of the Electric Supplier Act, and municipal
22		utility, as referenced in Section 3-105 of the Public
23		Utilities Act, that is engaged in the delivery of electricity
24		or the distribution of natural gas within the State of
25		Illinois shall, effective January 1, 2021, assess each of its
26		customer accounts a monthly Energy Assistance Charge for the

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1		Supplemental Low-Income Energy Assistance Fund. The delivering
2		public utility, municipal electric or gas utility, or electric
3		or gas cooperative for a self-assessing purchaser remains
4		subject to the collection of the fee imposed by this Section.
5		The monthly charge shall be as follows:
6		(1) Base Energy Assistance Charge per month on each
7		account for residential electrical service;
8		(2) Base Energy Assistance Charge per month on each
9		account for residential gas service;
10		(3) Ten times the Base Energy Assistance Charge per
11		month on each account for non-residential electric service
12		which had less than 10 megawatts of peak demand during the
13		previous calendar year;
14		(4) Ten times the Base Energy Assistance Charge per
15		month on each account for non-residential gas service
16		which had distributed to it less than 4,000,000 therms of
17		gas during the previous calendar year;
18		(5) Three hundred and seventy-five times the Base
19		Energy Assistance Charge per month on each account for
20		non-residential electric service which had 10 megawatts or
21		greater of peak demand during the previous calendar year;
22		and
23		(6) Three hundred and seventy-five times the Base
24		Energy Assistance Charge per month on each account for
25		non-residential gas service which had 4,000,000 or more
26		therms of gas distributed to it during the previous

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1		calendar year.
2		The Base Energy Assistance Charge shall be $0.48 per month
3		for the calendar year beginning January 1, 2022 and shall
4		increase by $0.16 per month for any calendar year, provided no
5		less than 80% of the previous State fiscal year's available
6		Supplemental Low-Income Energy Assistance Fund funding was
7		exhausted. The maximum Base Energy Assistance Charge shall not
8		exceed $0.96 per month for any calendar year.
9		The incremental change to such charges imposed by Public
10		Act 99-933 and this amendatory Act of the 102nd General
11		Assembly shall not (i) be used for any purpose other than to
12		directly assist customers and (ii) be applicable to utilities
13		serving less than 100,000 customers in Illinois on January 1,
14		2021. The incremental change to such charges imposed by this
15		amendatory Act of the 102nd General Assembly are intended to
16		increase utilization of the Percentage of Income Payment Plan
17		(PIPP or PIP Plan) and shall be applied such that PIP Plan
18		enrollment is at least doubled, as compared to 2020
19		enrollment, by 2024.
20		In addition, electric and gas utilities have committed,
21		and shall contribute, a one-time payment of $22 million to the
22		Fund, within 10 days after the effective date of the tariffs
23		established pursuant to Sections 16-111.8 and 19-145 of the
24		Public Utilities Act to be used for the Department's cost of
25		implementing the programs described in Section 18 of this
26		amendatory Act of the 96th General Assembly, the Arrearage

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1		Reduction Program described in Section 18, and the programs
2		described in Section 8-105 of the Public Utilities Act. If a
3		utility elects not to file a rider within 90 days after the
4		effective date of this amendatory Act of the 96th General
5		Assembly, then the contribution from such utility shall be
6		made no later than February 1, 2010.
7		(c) For purposes of this Section:
8		(1) "residential electric service" means electric
9		utility service for household purposes delivered to a
10		dwelling of 2 or fewer units which is billed under a
11		residential rate, or electric utility service for
12		household purposes delivered to a dwelling unit or units
13		which is billed under a residential rate and is registered
14		by a separate meter for each dwelling unit;
15		(2) "residential gas service" means gas utility
16		service for household purposes distributed to a dwelling
17		of 2 or fewer units which is billed under a residential
18		rate, or gas utility service for household purposes
19		distributed to a dwelling unit or units which is billed
20		under a residential rate and is registered by a separate
21		meter for each dwelling unit;
22		(3) "non-residential electric service" means electric
23		utility service which is not residential electric service;
24		and
25		(4) "non-residential gas service" means gas utility
26		service which is not residential gas service.

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1		(d) Within 30 days after the effective date of this
2		amendatory Act of the 96th General Assembly, each public
3		utility engaged in the delivery of electricity or the
4		distribution of natural gas shall file with the Illinois
5		Commerce Commission tariffs incorporating the Energy
6		Assistance Charge in other charges stated in such tariffs,
7		which shall become effective no later than the beginning of
8		the first billing cycle following such filing.
9		(e) The Energy Assistance Charge assessed by electric and
10		gas public utilities shall be considered a charge for public
11		utility service.
12		(f) By the 20th day of the month following the month in
13		which the charges imposed by the Section were collected, each
14		public utility, municipal utility, and electric cooperative
15		shall remit to the Department of Revenue all moneys received
16		as payment of the Energy Assistance Charge on a return
17		prescribed and furnished by the Department of Revenue showing
18		such information as the Department of Revenue may reasonably
19		require; provided, however, that a utility offering an
20		Arrearage Reduction Program or Supplemental Arrearage
21		Reduction Program pursuant to Section 18 of this Act shall be
22		entitled to net those amounts necessary to fund and recover
23		the costs of such Programs as authorized by that Section that
24		is no more than the incremental change in such Energy
25		Assistance Charge authorized by Public Act 96-33. If a
26		customer makes a partial payment, a public utility, municipal

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1		utility, or electric cooperative may elect either: (i) to
2		apply such partial payments first to amounts owed to the
3		utility or cooperative for its services and then to payment
4		for the Energy Assistance Charge or (ii) to apply such partial
5		payments on a pro-rata basis between amounts owed to the
6		utility or cooperative for its services and to payment for the
7		Energy Assistance Charge.
8		If any payment provided for in this Section exceeds the
9		distributor's liabilities under this Act, as shown on an
10		original return, the Department may authorize the distributor
11		to credit such excess payment against liability subsequently
12		to be remitted to the Department under this Act, in accordance
13		with reasonable rules adopted by the Department. If the
14		Department subsequently determines that all or any part of the
15		credit taken was not actually due to the distributor, the
16		distributor's discount shall be reduced by an amount equal to
17		the difference between the discount as applied to the credit
18		taken and that actually due, and that distributor shall be
19		liable for penalties and interest on such difference.
20		(g) The Department of Revenue shall deposit into the
21		Supplemental Low-Income Energy Assistance Fund all moneys
22		remitted to it in accordance with subsection (f) of this
23		Section. The utilities shall coordinate with the Department to
24		establish an equitable and practical methodology for
25		implementing this subsection (g) beginning with the 2010
26		program year.

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1		(h) On or before December 31, 2002, the Department shall
2		prepare a report for the General Assembly on the expenditure
3		of funds appropriated from the Low-Income Energy Assistance
4		Block Grant Fund for the program authorized under Section 4 of
5		this Act.
6		(i) The Department of Revenue may establish such rules as
7		it deems necessary to implement this Section.
8		(j) The Department of Commerce and Economic Opportunity
9		may establish such rules as it deems necessary to implement
10		this Section.
11		(k) The charges imposed by this Section shall only apply
12		to customers of municipal electric or gas utilities and
13		electric or gas cooperatives if the municipal electric or gas
14		utility or electric or gas cooperative makes an affirmative
15		decision to impose the charge. If a municipal electric or gas
16		utility or an electric cooperative makes an affirmative
17		decision to impose the charge provided by this Section, the
18		municipal electric or gas utility or electric cooperative
19		shall inform the Department of Revenue in writing of such
20		decision when it begins to impose the charge. If a municipal
21		electric or gas utility or electric or gas cooperative does
22		not assess this charge, the Department may not use funds from
23		the Supplemental Low-Income Energy Assistance Fund to provide
24		benefits to its customers under the program authorized by
25		Section 4 of this Act.
26		In its use of federal funds under this Act, the Department

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1		may not cause a disproportionate share of those federal funds
2		to benefit customers of systems which do not assess the charge
3		provided by this Section.
4		This Section is repealed on January 1, 2025 unless renewed
5		by action of the General Assembly.
6		(Source: P.A. 102-16, eff. 6-17-21; 102-176, eff. 6-1-22;
7		102-671, eff. 11-30-21; 102-673, eff. 11-30-21.)
8		Section 5-105. The Environmental Protection Act is amended
9		by changing Sections 22.15 and 57.11 as follows:
10		(415 ILCS 5/22.15) (from Ch. 111 1/2, par. 1022.15)
11		Sec. 22.15. Solid Waste Management Fund; fees.
12		(a) There is hereby created within the State Treasury a
13		special fund to be known as the Solid Waste Management Fund, to
14		be constituted from the fees collected by the State pursuant
15		to this Section, from repayments of loans made from the Fund
16		for solid waste projects, from registration fees collected
17		pursuant to the Consumer Electronics Recycling Act, and from
18		amounts transferred into the Fund pursuant to Public Act
19		100-433. Moneys received by either the Agency or the
20		Department of Commerce and Economic Opportunity in repayment
21		of loans made pursuant to the Illinois Solid Waste Management
22		Act shall be deposited into the General Revenue Fund.
23		(b) The Agency shall assess and collect a fee in the amount
24		set forth herein from the owner or operator of each sanitary

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1		landfill permitted or required to be permitted by the Agency
2		to dispose of solid waste if the sanitary landfill is located
3		off the site where such waste was produced and if such sanitary
4		landfill is owned, controlled, and operated by a person other
5		than the generator of such waste. The Agency shall deposit all
6		fees collected into the Solid Waste Management Fund. If a site
7		is contiguous to one or more landfills owned or operated by the
8		same person, the volumes permanently disposed of by each
9		landfill shall be combined for purposes of determining the fee
10		under this subsection. Beginning on July 1, 2018, and on the
11		first day of each month thereafter during fiscal years 2019
12		through 2023 2022, the State Comptroller shall direct and
13		State Treasurer shall transfer an amount equal to 1/12 of
14		$5,000,000 per fiscal year from the Solid Waste Management
15		Fund to the General Revenue Fund.
16		(1) If more than 150,000 cubic yards of non-hazardous
17		solid waste is permanently disposed of at a site in a
18		calendar year, the owner or operator shall either pay a
19		fee of 95 cents per cubic yard or, alternatively, the
20		owner or operator may weigh the quantity of the solid
21		waste permanently disposed of with a device for which
22		certification has been obtained under the Weights and
23		Measures Act and pay a fee of $2.00 per ton of solid waste
24		permanently disposed of. In no case shall the fee
25		collected or paid by the owner or operator under this
26		paragraph exceed $1.55 per cubic yard or $3.27 per ton.

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1		(2) If more than 100,000 cubic yards but not more than
2		150,000 cubic yards of non-hazardous waste is permanently
3		disposed of at a site in a calendar year, the owner or
4		operator shall pay a fee of $52,630.
5		(3) If more than 50,000 cubic yards but not more than
6		100,000 cubic yards of non-hazardous solid waste is
7		permanently disposed of at a site in a calendar year, the
8		owner or operator shall pay a fee of $23,790.
9		(4) If more than 10,000 cubic yards but not more than
10		50,000 cubic yards of non-hazardous solid waste is
11		permanently disposed of at a site in a calendar year, the
12		owner or operator shall pay a fee of $7,260.
13		(5) If not more than 10,000 cubic yards of
14		non-hazardous solid waste is permanently disposed of at a
15		site in a calendar year, the owner or operator shall pay a
16		fee of $1050.
17		(c) (Blank).
18		(d) The Agency shall establish rules relating to the
19		collection of the fees authorized by this Section. Such rules
20		shall include, but not be limited to:
21		(1) necessary records identifying the quantities of
22		solid waste received or disposed;
23		(2) the form and submission of reports to accompany
24		the payment of fees to the Agency;
25		(3) the time and manner of payment of fees to the
26		Agency, which payments shall not be more often than

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1		quarterly; and
2		(4) procedures setting forth criteria establishing
3		when an owner or operator may measure by weight or volume
4		during any given quarter or other fee payment period.
5		(e) Pursuant to appropriation, all monies in the Solid
6		Waste Management Fund shall be used by the Agency for the
7		purposes set forth in this Section and in the Illinois Solid
8		Waste Management Act, including for the costs of fee
9		collection and administration, and for the administration of
10		(1) the Consumer Electronics Recycling Act and (2) until
11		January 1, 2020, the Electronic Products Recycling and Reuse
12		Act.
13		(f) The Agency is authorized to enter into such agreements
14		and to promulgate such rules as are necessary to carry out its
15		duties under this Section and the Illinois Solid Waste
16		Management Act.
17		(g) On the first day of January, April, July, and October
18		of each year, beginning on July 1, 1996, the State Comptroller
19		and Treasurer shall transfer $500,000 from the Solid Waste
20		Management Fund to the Hazardous Waste Fund. Moneys
21		transferred under this subsection (g) shall be used only for
22		the purposes set forth in item (1) of subsection (d) of Section
23		22.2.
24		(h) The Agency is authorized to provide financial
25		assistance to units of local government for the performance of
26		inspecting, investigating and enforcement activities pursuant

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1		to Section 4(r) at nonhazardous solid waste disposal sites.
2		(i) The Agency is authorized to conduct household waste
3		collection and disposal programs.
4		(j) A unit of local government, as defined in the Local
5		Solid Waste Disposal Act, in which a solid waste disposal
6		facility is located may establish a fee, tax, or surcharge
7		with regard to the permanent disposal of solid waste. All
8		fees, taxes, and surcharges collected under this subsection
9		shall be utilized for solid waste management purposes,
10		including long-term monitoring and maintenance of landfills,
11		planning, implementation, inspection, enforcement and other
12		activities consistent with the Solid Waste Management Act and
13		the Local Solid Waste Disposal Act, or for any other
14		environment-related purpose, including, but not limited to, an
15		environment-related public works project, but not for the
16		construction of a new pollution control facility other than a
17		household hazardous waste facility. However, the total fee,
18		tax or surcharge imposed by all units of local government
19		under this subsection (j) upon the solid waste disposal
20		facility shall not exceed:
21		(1) 60¢ per cubic yard if more than 150,000 cubic
22		yards of non-hazardous solid waste is permanently disposed
23		of at the site in a calendar year, unless the owner or
24		operator weighs the quantity of the solid waste received
25		with a device for which certification has been obtained
26		under the Weights and Measures Act, in which case the fee

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1		shall not exceed $1.27 per ton of solid waste permanently
2		disposed of.
3		(2) $33,350 if more than 100,000 cubic yards, but not
4		more than 150,000 cubic yards, of non-hazardous waste is
5		permanently disposed of at the site in a calendar year.
6		(3) $15,500 if more than 50,000 cubic yards, but not
7		more than 100,000 cubic yards, of non-hazardous solid
8		waste is permanently disposed of at the site in a calendar
9		year.
10		(4) $4,650 if more than 10,000 cubic yards, but not
11		more than 50,000 cubic yards, of non-hazardous solid waste
12		is permanently disposed of at the site in a calendar year.
13		(5) $650 if not more than 10,000 cubic yards of
14		non-hazardous solid waste is permanently disposed of at
15		the site in a calendar year.
16		The corporate authorities of the unit of local government
17		may use proceeds from the fee, tax, or surcharge to reimburse a
18		highway commissioner whose road district lies wholly or
19		partially within the corporate limits of the unit of local
20		government for expenses incurred in the removal of
21		nonhazardous, nonfluid municipal waste that has been dumped on
22		public property in violation of a State law or local
23		ordinance.
24		For the disposal of solid waste from general construction
25		or demolition debris recovery facilities as defined in
26		subsection (a-1) of Section 3.160, the total fee, tax, or

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1		surcharge imposed by all units of local government under this
2		subsection (j) upon the solid waste disposal facility shall
3		not exceed 50% of the applicable amount set forth above. A unit
4		of local government, as defined in the Local Solid Waste
5		Disposal Act, in which a general construction or demolition
6		debris recovery facility is located may establish a fee, tax,
7		or surcharge on the general construction or demolition debris
8		recovery facility with regard to the permanent disposal of
9		solid waste by the general construction or demolition debris
10		recovery facility at a solid waste disposal facility, provided
11		that such fee, tax, or surcharge shall not exceed 50% of the
12		applicable amount set forth above, based on the total amount
13		of solid waste transported from the general construction or
14		demolition debris recovery facility for disposal at solid
15		waste disposal facilities, and the unit of local government
16		and fee shall be subject to all other requirements of this
17		subsection (j).
18		A county or Municipal Joint Action Agency that imposes a
19		fee, tax, or surcharge under this subsection may use the
20		proceeds thereof to reimburse a municipality that lies wholly
21		or partially within its boundaries for expenses incurred in
22		the removal of nonhazardous, nonfluid municipal waste that has
23		been dumped on public property in violation of a State law or
24		local ordinance.
25		If the fees are to be used to conduct a local sanitary
26		landfill inspection or enforcement program, the unit of local

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1		government must enter into a written delegation agreement with
2		the Agency pursuant to subsection (r) of Section 4. The unit of
3		local government and the Agency shall enter into such a
4		written delegation agreement within 60 days after the
5		establishment of such fees. At least annually, the Agency
6		shall conduct an audit of the expenditures made by units of
7		local government from the funds granted by the Agency to the
8		units of local government for purposes of local sanitary
9		landfill inspection and enforcement programs, to ensure that
10		the funds have been expended for the prescribed purposes under
11		the grant.
12		The fees, taxes or surcharges collected under this
13		subsection (j) shall be placed by the unit of local government
14		in a separate fund, and the interest received on the moneys in
15		the fund shall be credited to the fund. The monies in the fund
16		may be accumulated over a period of years to be expended in
17		accordance with this subsection.
18		A unit of local government, as defined in the Local Solid
19		Waste Disposal Act, shall prepare and post on its website, in
20		April of each year, a report that details spending plans for
21		monies collected in accordance with this subsection. The
22		report will at a minimum include the following:
23		(1) The total monies collected pursuant to this
24		subsection.
25		(2) The most current balance of monies collected
26		pursuant to this subsection.

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1		(3) An itemized accounting of all monies expended for
2		the previous year pursuant to this subsection.
3		(4) An estimation of monies to be collected for the
4		following 3 years pursuant to this subsection.
5		(5) A narrative detailing the general direction and
6		scope of future expenditures for one, 2 and 3 years.
7		The exemptions granted under Sections 22.16 and 22.16a,
8		and under subsection (k) of this Section, shall be applicable
9		to any fee, tax or surcharge imposed under this subsection
10		(j); except that the fee, tax or surcharge authorized to be
11		imposed under this subsection (j) may be made applicable by a
12		unit of local government to the permanent disposal of solid
13		waste after December 31, 1986, under any contract lawfully
14		executed before June 1, 1986 under which more than 150,000
15		cubic yards (or 50,000 tons) of solid waste is to be
16		permanently disposed of, even though the waste is exempt from
17		the fee imposed by the State under subsection (b) of this
18		Section pursuant to an exemption granted under Section 22.16.
19		(k) In accordance with the findings and purposes of the
20		Illinois Solid Waste Management Act, beginning January 1, 1989
21		the fee under subsection (b) and the fee, tax or surcharge
22		under subsection (j) shall not apply to:
23		(1) waste which is hazardous waste;
24		(2) waste which is pollution control waste;
25		(3) waste from recycling, reclamation or reuse
26		processes which have been approved by the Agency as being

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1		designed to remove any contaminant from wastes so as to
2		render such wastes reusable, provided that the process
3		renders at least 50% of the waste reusable; the exemption
4		set forth in this paragraph (3) of this subsection (k)
5		shall not apply to general construction or demolition
6		debris recovery facilities as defined in subsection (a-1)
7		of Section 3.160;
8		(4) non-hazardous solid waste that is received at a
9		sanitary landfill and composted or recycled through a
10		process permitted by the Agency; or
11		(5) any landfill which is permitted by the Agency to
12		receive only demolition or construction debris or
13		landscape waste.
14		(Source: P.A. 101-10, eff. 6-5-19; 101-636, eff. 6-10-20;
15		102-16, eff. 6-17-21; 102-310, eff. 8-6-21; 102-444, eff.
16		8-20-21; revised 9-28-21.)
17		(415 ILCS 5/57.11)
18		Sec. 57.11. Underground Storage Tank Fund; creation.
19		(a) There is hereby created in the State Treasury a
20		special fund to be known as the Underground Storage Tank Fund.
21		There shall be deposited into the Underground Storage Tank
22		Fund all moneys received by the Office of the State Fire
23		Marshal as fees for underground storage tanks under Sections 4
24		and 5 of the Gasoline Storage Act, fees pursuant to the Motor
25		Fuel Tax Law, and beginning July 1, 2013, payments pursuant to

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1		the Use Tax Act, the Service Use Tax Act, the Service
2		Occupation Tax Act, and the Retailers' Occupation Tax Act. All
3		amounts held in the Underground Storage Tank Fund shall be
4		invested at interest by the State Treasurer. All income earned
5		from the investments shall be deposited into the Underground
6		Storage Tank Fund no less frequently than quarterly. In
7		addition to any other transfers that may be provided for by
8		law, beginning on July 1, 2018 and on the first day of each
9		month thereafter during fiscal years 2019 through 2023 2022
10		only, the State Comptroller shall direct and the State
11		Treasurer shall transfer an amount equal to 1/12 of
12		$10,000,000 from the Underground Storage Tank Fund to the
13		General Revenue Fund. Moneys in the Underground Storage Tank
14		Fund, pursuant to appropriation, may be used by the Agency and
15		the Office of the State Fire Marshal for the following
16		purposes:
17		(1) To take action authorized under Section 57.12 to
18		recover costs under Section 57.12.
19		(2) To assist in the reduction and mitigation of
20		damage caused by leaks from underground storage tanks,
21		including but not limited to, providing alternative water
22		supplies to persons whose drinking water has become
23		contaminated as a result of those leaks.
24		(3) To be used as a matching amount towards federal
25		assistance relative to the release of petroleum from
26		underground storage tanks.

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1		(4) For the costs of administering activities of the
2		Agency and the Office of the State Fire Marshal relative
3		to the Underground Storage Tank Fund.
4		(5) For payment of costs of corrective action incurred
5		by and indemnification to operators of underground storage
6		tanks as provided in this Title.
7		(6) For a total of 2 demonstration projects in amounts
8		in excess of a $10,000 deductible charge designed to
9		assess the viability of corrective action projects at
10		sites which have experienced contamination from petroleum
11		releases. Such demonstration projects shall be conducted
12		in accordance with the provision of this Title.
13		(7) Subject to appropriation, moneys in the
14		Underground Storage Tank Fund may also be used by the
15		Department of Revenue for the costs of administering its
16		activities relative to the Fund and for refunds provided
17		for in Section 13a.8 of the Motor Fuel Tax Law Act.
18		(b) Moneys in the Underground Storage Tank Fund may,
19		pursuant to appropriation, be used by the Office of the State
20		Fire Marshal or the Agency to take whatever emergency action
21		is necessary or appropriate to assure that the public health
22		or safety is not threatened whenever there is a release or
23		substantial threat of a release of petroleum from an
24		underground storage tank and for the costs of administering
25		its activities relative to the Underground Storage Tank Fund.
26		(c) Beginning July 1, 1993, the Governor shall certify to

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1		the State Comptroller and State Treasurer the monthly amount
2		necessary to pay debt service on State obligations issued
3		pursuant to Section 6 of the General Obligation Bond Act. On
4		the last day of each month, the Comptroller shall order
5		transferred and the Treasurer shall transfer from the
6		Underground Storage Tank Fund to the General Obligation Bond
7		Retirement and Interest Fund the amount certified by the
8		Governor, plus any cumulative deficiency in those transfers
9		for prior months.
10		(d) Except as provided in subsection (c) of this Section,
11		the Underground Storage Tank Fund is not subject to
12		administrative charges authorized under Section 8h of the
13		State Finance Act that would in any way transfer any funds from
14		the Underground Storage Tank Fund into any other fund of the
15		State.
16		(e) Each fiscal year, subject to appropriation, the Agency
17		may commit up to $10,000,000 of the moneys in the Underground
18		Storage Tank Fund to the payment of corrective action costs
19		for legacy sites that meet one or more of the following
20		criteria as a result of the underground storage tank release:
21		(i) the presence of free product, (ii) contamination within a
22		regulated recharge area, a wellhead protection area, or the
23		setback zone of a potable water supply well, (iii)
24		contamination extending beyond the boundaries of the site
25		where the release occurred, or (iv) such other criteria as may
26		be adopted in Agency rules.

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1		(1) Fund moneys committed under this subsection (e)
2		shall be held in the Fund for payment of the corrective
3		action costs for which the moneys were committed.
4		(2) The Agency may adopt rules governing the
5		commitment of Fund moneys under this subsection (e).
6		(3) This subsection (e) does not limit the use of Fund
7		moneys at legacy sites as otherwise provided under this
8		Title.
9		(4) For the purposes of this subsection (e), the term
10		"legacy site" means a site for which (i) an underground
11		storage tank release was reported prior to January 1,
12		2005, (ii) the owner or operator has been determined
13		eligible to receive payment from the Fund for corrective
14		action costs, and (iii) the Agency did not receive any
15		applications for payment prior to January 1, 2010.
16		(f) Beginning July 1, 2013, if the amounts deposited into
17		the Fund from moneys received by the Office of the State Fire
18		Marshal as fees for underground storage tanks under Sections 4
19		and 5 of the Gasoline Storage Act and as fees pursuant to the
20		Motor Fuel Tax Law during a State fiscal year are sufficient to
21		pay all claims for payment by the fund received during that
22		State fiscal year, then the amount of any payments into the
23		fund pursuant to the Use Tax Act, the Service Use Tax Act, the
24		Service Occupation Tax Act, and the Retailers' Occupation Tax
25		Act during that State fiscal year shall be deposited as
26		follows: 75% thereof shall be paid into the State treasury and

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1		25% shall be reserved in a special account and used only for
2		the transfer to the Common School Fund as part of the monthly
3		transfer from the General Revenue Fund in accordance with
4		Section 8a of the State Finance Act.
5		(Source: P.A. 101-10, eff. 6-5-19; 101-636, eff. 6-10-20;
6		102-16, eff. 6-17-21.)
7		Section 5-106. The Open Space Lands Acquisition and
8		Development Act is amended by changing Section 3 as follows:
9		(525 ILCS 35/3) (from Ch. 85, par. 2103)
10		Sec. 3. From appropriations made from the Capital
11		Development Fund, Build Illinois Bond Fund or other available
12		or designated funds for such purposes, the Department shall
13		make grants to local governments as financial assistance for
14		the capital development and improvement of park, recreation or
15		conservation areas, marinas and shorelines, including planning
16		and engineering costs, and for the acquisition of open space
17		lands, including acquisition of easements and other property
18		interests less than fee simple ownership if the Department
19		determines that such property interests are sufficient to
20		carry out the purposes of this Act, subject to the conditions
21		and limitations set forth in this Act.
22		No more than 10% of the amount so appropriated for any
23		fiscal year may be committed or expended on any one project
24		described in an application under this Act.

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1		Except for grants awarded from new appropriations in
2		fiscal year 2023, any Any grant under this Act to a local
3		government shall be conditioned upon the state providing
4		assistance on a 50/50 matching basis for the acquisition of
5		open space lands and for capital development and improvement
6		proposals. However, a local government defined as "distressed"
7		under criteria adopted by the Department through
8		administrative rule shall be eligible for assistance up to 90%
9		for the acquisition of open space lands and for capital
10		development and improvement proposals, provided that no more
11		than 10% of the amount appropriated under this Act in any
12		fiscal year is made available as grants to distressed local
13		governments. For grants awarded from new appropriations in
14		fiscal year 2023 only, a local government defined as
15		"distressed" is eligible for assistance up to 100% for the
16		acquisition of open space lands and for capital development
17		and improvement proposals. The Department may make more than
18		10% of the amount appropriated in fiscal year 2023 available
19		as grants to distressed local governments.
20		An advance payment of a minimum of 50% of any grant made to
21		a unit of local government under this Act must be paid to the
22		unit of local government at the time the Department awards the
23		grant. A unit of local government may opt out of the advanced
24		payment option at the time of the award of the grant. The
25		remainder of the grant shall be distributed to the local
26		government quarterly on a reimbursement basis. The Department

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1		shall consider an applicant's request for an extension to a
2		grant under this Act if (i) the advanced payment is expended or
3		legally obligated within the 2 years required by Section 5 of
4		the Illinois Grant Funds Recovery Act or (ii) no advanced
5		payment was made.
6		(Source: P.A. 102-200, eff. 7-30-21.)
7		Section 5-107. The Illinois Vehicle Code is amended by
8		changing Section 3-659 and 6-206.1 as follows:
9		(625 ILCS 5/3-659)
10		Sec. 3-659. Pan Hellenic license plates.
11		(a) The Secretary, upon receipt of all applicable fees and
12		applications made in the form prescribed by the Secretary, may
13		issue special registration plates designated as Pan Hellenic
14		license plates. The special plates issued under this Section
15		shall be affixed only to passenger vehicles of the first
16		division or motor vehicles of the second division weighing not
17		more than 8,000 pounds. Plates issued under this Section shall
18		expire according to the multi-year procedure established by
19		Section 3-414.1 of this Code.
20		(b) The design and color of the special plates shall be
21		wholly within the discretion of the Secretary, except that an
22		emblem of a Pan Hellenic eligible member shall be on the plate.
23		Appropriate documentation, as determined by the Secretary,
24		shall accompany each application. The Secretary may, in his or

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1		her discretion, allow the plates to be issued as vanity or
2		personalized plates in accordance with Section 3-405.1 of this
3		Code. The plates are not required to designate "Land of
4		Lincoln" as prescribed in subsection (b) of Section 3-412 of
5		this Code. The Secretary, in his or her discretion, may
6		prescribe rules governing the requirements and approval of the
7		special plates.
8		(c) An applicant for the special plate shall be charged a
9		$40 fee for original issuance in addition to the appropriate
10		registration fee. Of this fee, $25 shall be deposited into the
11		Illinois Pan Hellenic Trust Fund and $15 shall be deposited
12		into the Secretary of State Special License Plate Fund, to be
13		used by the Secretary to help defray the administrative
14		processing costs. For each registration renewal period, a $27
15		fee, in addition to the appropriate registration fee, shall be
16		charged. Of this fee, $25 shall be deposited into the Illinois
17		Pan Hellenic Trust Fund and $2 shall be deposited into the
18		Secretary of State Special License Plate Fund.
19		(d) The Illinois Pan Hellenic Trust Fund is created as a
20		special fund in the State Treasury. The State Treasurer shall
21		create separate accounts within the Illinois Pan Hellenic
22		Trust Fund for each eligible member for which Pan Hellenic
23		license plates have been issued. Moneys in the Illinois Pan
24		Hellenic Trust Fund shall be allocated to each account in
25		proportion to the number of plates sold in regard to each
26		fraternity or sorority. All moneys in the Illinois Pan

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1		Hellenic Trust Fund shall be distributed, subject to
2		appropriation by the General Assembly and distribution by the
3		Secretary, as grants to the Illinois Alpha Kappa Alpha
4		Charitable Foundation, Illinois Delta Sigma Theta Charitable
5		Foundation, Illinois Zeta Phi Beta Charitable Foundation,
6		Illinois Sigma Gamma Rho Charitable Foundation, Alpha Illinois
7		Leadership Foundation Illinois Alpha Phi Alpha Charitable
8		Foundation, Illinois Omega Psi Phi Charitable Foundation,
9		Illinois Kappa Alpha Psi Charitable Foundation, Illinois Phi
10		Beta Sigma Charitable Foundation, or Illinois Iota Phi Theta
11		Charitable Foundation for charitable purposes sponsored by the
12		African-American fraternity or sorority.
13		(Source: P.A. 97-409, eff. 1-1-12.)
14		(625 ILCS 5/6-206.1) (from Ch. 95 1/2, par. 6-206.1)
15		Sec. 6-206.1. Monitoring Device Driving Permit.
16		Declaration of Policy. It is hereby declared a policy of the
17		State of Illinois that the driver who is impaired by alcohol,
18		other drug or drugs, or intoxicating compound or compounds is
19		a threat to the public safety and welfare. Therefore, to
20		provide a deterrent to such practice, a statutory summary
21		driver's license suspension is appropriate. It is also
22		recognized that driving is a privilege and therefore, that the
23		granting of driving privileges, in a manner consistent with
24		public safety, is warranted during the period of suspension in
25		the form of a monitoring device driving permit. A person who

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1		drives and fails to comply with the requirements of the
2		monitoring device driving permit commits a violation of
3		Section 6-303 of this Code.
4		The following procedures shall apply whenever a first
5		offender, as defined in Section 11-500 of this Code, is
6		arrested for any offense as defined in Section 11-501 or a
7		similar provision of a local ordinance and is subject to the
8		provisions of Section 11-501.1:
9		(a) Upon mailing of the notice of suspension of driving
10		privileges as provided in subsection (h) of Section 11-501.1
11		of this Code, the Secretary shall also send written notice
12		informing the person that he or she will be issued a monitoring
13		device driving permit (MDDP). The notice shall include, at
14		minimum, information summarizing the procedure to be followed
15		for issuance of the MDDP, installation of the breath alcohol
16		ignition installation device (BAIID), as provided in this
17		Section, exemption from BAIID installation requirements, and
18		procedures to be followed by those seeking indigent status, as
19		provided in this Section. The notice shall also include
20		information summarizing the procedure to be followed if the
21		person wishes to decline issuance of the MDDP. A copy of the
22		notice shall also be sent to the court of venue together with
23		the notice of suspension of driving privileges, as provided in
24		subsection (h) of Section 11-501. However, a MDDP shall not be
25		issued if the Secretary finds that:
26		(1) the offender's driver's license is otherwise

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1		invalid;
2		(2) death or great bodily harm to another resulted
3		from the arrest for Section 11-501;
4		(3) the offender has been previously convicted of
5		reckless homicide or aggravated driving under the
6		influence involving death; or
7		(4) the offender is less than 18 years of age.
8		Any offender participating in the MDDP program must pay
9		the Secretary a MDDP Administration Fee in an amount not to
10		exceed $30 per month, to be deposited into the Monitoring
11		Device Driving Permit Administration Fee Fund. The Secretary
12		shall establish by rule the amount and the procedures, terms,
13		and conditions relating to these fees. The offender must have
14		an ignition interlock device installed within 14 days of the
15		date the Secretary issues the MDDP. The ignition interlock
16		device provider must notify the Secretary, in a manner and
17		form prescribed by the Secretary, of the installation. If the
18		Secretary does not receive notice of installation, the
19		Secretary shall cancel the MDDP.
20		Upon receipt of the notice, as provided in paragraph (a)
21		of this Section, the person may file a petition to decline
22		issuance of the MDDP with the court of venue. The court shall
23		admonish the offender of all consequences of declining
24		issuance of the MDDP including, but not limited to, the
25		enhanced penalties for driving while suspended. After being so
26		admonished, the offender shall be permitted, in writing, to

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1		execute a notice declining issuance of the MDDP. This notice
2		shall be filed with the court and forwarded by the clerk of the
3		court to the Secretary. The offender may, at any time
4		thereafter, apply to the Secretary for issuance of a MDDP.
5		(a-1) A person issued a MDDP may drive for any purpose and
6		at any time, subject to the rules adopted by the Secretary
7		under subsection (g). The person must, at his or her own
8		expense, drive only vehicles equipped with an ignition
9		interlock device as defined in Section 1-129.1, but in no
10		event shall such person drive a commercial motor vehicle.
11		(a-2) Persons who are issued a MDDP and must drive
12		employer-owned vehicles in the course of their employment
13		duties may seek permission to drive an employer-owned vehicle
14		that does not have an ignition interlock device. The employer
15		shall provide to the Secretary a form, as prescribed by the
16		Secretary, completed by the employer verifying that the
17		employee must drive an employer-owned vehicle in the course of
18		employment. If approved by the Secretary, the form must be in
19		the driver's possession while operating an employer-owner
20		vehicle not equipped with an ignition interlock device. No
21		person may use this exemption to drive a school bus, school
22		vehicle, or a vehicle designed to transport more than 15
23		passengers. No person may use this exemption to drive an
24		employer-owned motor vehicle that is owned by an entity that
25		is wholly or partially owned by the person holding the MDDP, or
26		by a family member of the person holding the MDDP. No person

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1		may use this exemption to drive an employer-owned vehicle that
2		is made available to the employee for personal use. No person
3		may drive the exempted vehicle more than 12 hours per day, 6
4		days per week.
5		(a-3) Persons who are issued a MDDP and who must drive a
6		farm tractor to and from a farm, within 50 air miles from the
7		originating farm are exempt from installation of a BAIID on
8		the farm tractor, so long as the farm tractor is being used for
9		the exclusive purpose of conducting farm operations.
10		(b) (Blank).
11		(c) (Blank).
12		(c-1) If the holder of the MDDP is convicted of or receives
13		court supervision for a violation of Section 6-206.2, 6-303,
14		11-204, 11-204.1, 11-401, 11-501, 11-503, 11-506 or a similar
15		provision of a local ordinance or a similar out-of-state
16		offense or is convicted of or receives court supervision for
17		any offense for which alcohol or drugs is an element of the
18		offense and in which a motor vehicle was involved (for an
19		arrest other than the one for which the MDDP is issued), or
20		de-installs the BAIID without prior authorization from the
21		Secretary, the MDDP shall be cancelled.
22		(c-5) If the Secretary determines that the person seeking
23		the MDDP is indigent, the Secretary shall provide the person
24		with a written document as evidence of that determination, and
25		the person shall provide that written document to an ignition
26		interlock device provider. The provider shall install an

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1		ignition interlock device on that person's vehicle without
2		charge to the person, and seek reimbursement from the Indigent
3		BAIID Fund. If the Secretary has deemed an offender indigent,
4		the BAIID provider shall also provide the normal monthly
5		monitoring services and the de-installation without charge to
6		the offender and seek reimbursement from the Indigent BAIID
7		Fund. Any other monetary charges, such as a lockout fee or
8		reset fee, shall be the responsibility of the MDDP holder. A
9		BAIID provider may not seek a security deposit from the
10		Indigent BAIID Fund.
11		(d) MDDP information shall be available only to the
12		courts, police officers, and the Secretary, except during the
13		actual period the MDDP is valid, during which time it shall be
14		a public record.
15		(e) (Blank).
16		(f) (Blank).
17		(g) The Secretary shall adopt rules for implementing this
18		Section. The rules adopted shall address issues including, but
19		not limited to: compliance with the requirements of the MDDP;
20		methods for determining compliance with those requirements;
21		the consequences of noncompliance with those requirements;
22		what constitutes a violation of the MDDP; methods for
23		determining indigency; and the duties of a person or entity
24		that supplies the ignition interlock device.
25		(h) The rules adopted under subsection (g) shall provide,
26		at a minimum, that the person is not in compliance with the

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1		requirements of the MDDP if he or she:
2		(1) tampers or attempts to tamper with or circumvent
3		the proper operation of the ignition interlock device;
4		(2) provides valid breath samples that register blood
5		alcohol levels in excess of the number of times allowed
6		under the rules;
7		(3) fails to provide evidence sufficient to satisfy
8		the Secretary that the ignition interlock device has been
9		installed in the designated vehicle or vehicles; or
10		(4) fails to follow any other applicable rules adopted
11		by the Secretary.
12		(i) Any person or entity that supplies an ignition
13		interlock device as provided under this Section shall, in
14		addition to supplying only those devices which fully comply
15		with all the rules adopted under subsection (g), provide the
16		Secretary, within 7 days of inspection, all monitoring reports
17		of each person who has had an ignition interlock device
18		installed. These reports shall be furnished in a manner or
19		form as prescribed by the Secretary.
20		(j) Upon making a determination that a violation of the
21		requirements of the MDDP has occurred, the Secretary shall
22		extend the summary suspension period for an additional 3
23		months beyond the originally imposed summary suspension
24		period, during which time the person shall only be allowed to
25		drive vehicles equipped with an ignition interlock device;
26		provided further there are no limitations on the total number

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1		of times the summary suspension may be extended. The Secretary
2		may, however, limit the number of extensions imposed for
3		violations occurring during any one monitoring period, as set
4		forth by rule. Any person whose summary suspension is extended
5		pursuant to this Section shall have the right to contest the
6		extension through a hearing with the Secretary, pursuant to
7		Section 2-118 of this Code. If the summary suspension has
8		already terminated prior to the Secretary receiving the
9		monitoring report that shows a violation, the Secretary shall
10		be authorized to suspend the person's driving privileges for 3
11		months, provided that the Secretary may, by rule, limit the
12		number of suspensions to be entered pursuant to this paragraph
13		for violations occurring during any one monitoring period. Any
14		person whose license is suspended pursuant to this paragraph,
15		after the summary suspension had already terminated, shall
16		have the right to contest the suspension through a hearing
17		with the Secretary, pursuant to Section 2-118 of this Code.
18		The only permit the person shall be eligible for during this
19		new suspension period is a MDDP.
20		(k) A person who has had his or her summary suspension
21		extended for the third time, or has any combination of 3
22		extensions and new suspensions, entered as a result of a
23		violation that occurred while holding the MDDP, so long as the
24		extensions and new suspensions relate to the same summary
25		suspension, shall have his or her vehicle impounded for a
26		period of 30 days, at the person's own expense. A person who

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1		has his or her summary suspension extended for the fourth
2		time, or has any combination of 4 extensions and new
3		suspensions, entered as a result of a violation that occurred
4		while holding the MDDP, so long as the extensions and new
5		suspensions relate to the same summary suspension, shall have
6		his or her vehicle subject to seizure and forfeiture. The
7		Secretary shall notify the prosecuting authority of any third
8		or fourth extensions or new suspension entered as a result of a
9		violation that occurred while the person held a MDDP. Upon
10		receipt of the notification, the prosecuting authority shall
11		impound or forfeit the vehicle. The impoundment or forfeiture
12		of a vehicle shall be conducted pursuant to the procedure
13		specified in Article 36 of the Criminal Code of 2012.
14		(l) A person whose driving privileges have been suspended
15		under Section 11-501.1 of this Code and who had a MDDP that was
16		cancelled, or would have been cancelled had notification of a
17		violation been received prior to expiration of the MDDP,
18		pursuant to subsection (c-1) of this Section, shall not be
19		eligible for reinstatement when the summary suspension is
20		scheduled to terminate. Instead, the person's driving
21		privileges shall be suspended for a period of not less than
22		twice the original summary suspension period, or for the
23		length of any extensions entered under subsection (j),
24		whichever is longer. During the period of suspension, the
25		person shall be eligible only to apply for a restricted
26		driving permit. If a restricted driving permit is granted, the

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1		offender may only operate vehicles equipped with a BAIID in
2		accordance with this Section.
3		(m) Any person or entity that supplies an ignition
4		interlock device under this Section shall, for each ignition
5		interlock device installed, pay 5% of the total gross revenue
6		received for the device, including monthly monitoring fees,
7		into the Indigent BAIID Fund. This 5% shall be clearly
8		indicated as a separate surcharge on each invoice that is
9		issued. The Secretary shall conduct an annual review of the
10		fund to determine whether the surcharge is sufficient to
11		provide for indigent users. The Secretary may increase or
12		decrease this surcharge requirement as needed.
13		(n) Any person or entity that supplies an ignition
14		interlock device under this Section that is requested to
15		provide an ignition interlock device to a person who presents
16		written documentation of indigency from the Secretary, as
17		provided in subsection (c-5) of this Section, shall install
18		the device on the person's vehicle without charge to the
19		person and shall seek reimbursement from the Indigent BAIID
20		Fund.
21		(o) The Indigent BAIID Fund is created as a special fund in
22		the State treasury. The Secretary shall, subject to
23		appropriation by the General Assembly, use all money in the
24		Indigent BAIID Fund to reimburse ignition interlock device
25		providers who have installed devices in vehicles of indigent
26		persons. The Secretary shall make payments to such providers

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1		every 3 months. If the amount of money in the fund at the time
2		payments are made is not sufficient to pay all requests for
3		reimbursement submitted during that 3 month period, the
4		Secretary shall make payments on a pro-rata basis, and those
5		payments shall be considered payment in full for the requests
6		submitted. If the amount of money in the fund exceeds the
7		amount necessary to pay all requests for reimbursement during
8		that 3-month period, the Secretary shall disburse the excess
9		to the providers on a pro rata basis.
10		(p) The Monitoring Device Driving Permit Administration
11		Fee Fund is created as a special fund in the State treasury.
12		The Secretary shall, subject to appropriation by the General
13		Assembly, use the money paid into this fund to offset its
14		administrative costs for administering MDDPs.
15		(q) The Secretary is authorized to prescribe such forms as
16		it deems necessary to carry out the provisions of this
17		Section.
18		(Source: P.A. 101-363, eff. 8-9-19; 101-593, eff. 12-4-19.)
19		Section 5-110. The Lawyers' Assistance Program Act is
20		amended by changing Sections 15 and 30 as follows:
21		(705 ILCS 235/15)
22		(Section scheduled to be repealed on July 1, 2022)
23		Sec. 15. Transfer of program funds. An amount equal to the
24		balance of the money in the Lawyers' Assistance Program Fund

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1		as it existed on December 31, 2021 shall be transferred to the
2		Attorney Registration and Disciplinary Commission by June 30,
3		2022. As soon as is practical after completion of the
4		transfers, the Lawyers' Assistance Program Fund is dissolved.
5		(Source: P.A. 102-190, eff. 1-1-22.)
6		(705 ILCS 235/30)
7		(Section scheduled to be repealed on July 1, 2022)
8		Sec. 30. Repeal. This Act is repealed on July 1, 2023 2022.
9		(Source: P.A. 102-190, eff. 1-1-22.)
10		Section 5-115. The Unified Code of Corrections is amended
11		by changing Sections 3-12-3a and 3-12-6 as follows:
12		(730 ILCS 5/3-12-3a) (from Ch. 38, par. 1003-12-3a)
13		Sec. 3-12-3a. Contracts, leases, and business agreements.
14		(a) The Department shall promulgate such rules and
15		policies as it deems necessary to establish, manage, and
16		operate its Illinois Correctional Industries division for the
17		purpose of utilizing committed persons in the manufacture of
18		food stuffs, finished goods or wares. To the extent not
19		inconsistent with the function and role of the ICI, the
20		Department may enter into a contract, lease, or other type of
21		business agreement, not to exceed 20 years, with any private
22		corporation, partnership, person, or other business entity for
23		the purpose of utilizing committed persons in the provision of

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1		services or for any other business or commercial enterprise
2		deemed by the Department to be consistent with proper training
3		and rehabilitation of committed persons.
4		In fiscal years year 2021 through 2023 and 2022, the
5		Department shall oversee the Illinois Correctional Industries
6		accounting processes and budget requests to the General
7		Assembly, other budgetary processes, audits by the Office of
8		the Auditor General, and computer processes. For fiscal years
9		year 2021 through 2023 and 2022, the spending authority of
10		Illinois Correctional Industries shall no longer be separate
11		and apart from the Department's budget and appropriations, and
12		the Department shall control its accounting processes,
13		budgets, audits and computer processes in accordance with any
14		Department rules and policies.
15		(b) The Department shall be permitted to construct
16		buildings on State property for the purposes identified in
17		subsection (a) and to lease for a period not to exceed 20 years
18		any building or portion thereof on State property for the
19		purposes identified in subsection (a).
20		(c) Any contract or other business agreement referenced in
21		subsection (a) shall include a provision requiring that all
22		committed persons assigned receive in connection with their
23		assignment such vocational training and/or apprenticeship
24		programs as the Department deems appropriate.
25		(d) Committed persons assigned in accordance with this
26		Section shall be compensated in accordance with the provisions

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1		of Section 3-12-5.
2		(Source: P.A. 101-636, eff. 6-10-20; 102-16, eff. 6-17-21.)
3		(730 ILCS 5/3-12-6) (from Ch. 38, par. 1003-12-6)
4		Sec. 3-12-6. Programs. Through its Illinois Correctional
5		Industries division, the Department shall establish
6		commercial, business, and manufacturing programs for the sale
7		of finished goods and processed food and beverages to the
8		State, its political units, agencies, and other public
9		institutions. Illinois Correctional Industries shall
10		establish, operate, and maintain manufacturing and food and
11		beverage production in the Department facilities and provide
12		food for the Department institutions and for the mental health
13		and developmental disabilities institutions of the Department
14		of Human Services and the institutions of the Department of
15		Veterans' Affairs.
16		Illinois Correctional Industries shall be administered by
17		a chief executive officer. The chief executive officer shall
18		report to the Director of the Department or the Director's
19		designee. The chief executive officer shall administer the
20		commercial and business programs of ICI for inmate workers in
21		the custody of the Department of Corrections.
22		The chief executive officer shall have such assistants as
23		are required for sales staff, manufacturing, budget, fiscal,
24		accounting, computer, human services, and personnel as
25		necessary to run its commercial and business programs.

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1		Illinois Correctional Industries shall have a financial
2		officer who shall report to the chief executive officer. The
3		financial officer shall: (i) assist in the development and
4		presentation of the Department budget submission; (ii) manage
5		and control the spending authority of ICI; and (iii) provide
6		oversight of the financial activities of ICI, both internally
7		and through coordination with the Department fiscal operations
8		personnel, including accounting processes, budget submissions,
9		other budgetary processes, audits by the Office of the Auditor
10		General, and computer processes. For fiscal years year 2021
11		through 2023 and 2022, the financial officer shall coordinate
12		and cooperate with the Department's chief financial officer to
13		perform the functions listed in this paragraph.
14		Illinois Correctional Industries shall be located in
15		Springfield. The chief executive officer of Illinois
16		Correctional Industries shall assign personnel to direct the
17		production of goods and shall employ committed persons
18		assigned by the chief administrative officer. The Department
19		of Corrections may direct such other vocational programs as it
20		deems necessary for the rehabilitation of inmates, which shall
21		be separate and apart from, and not in conflict with, programs
22		of Illinois Correctional Industries.
23		(Source: P.A. 101-636, eff. 6-10-20; 102-16, eff. 6-17-21.)
24		Section 5-117. The Probation and Probation Officers Act is
25		amended by changing Sections 9b and 15 as follows:

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1		(730 ILCS 110/9b) (from Ch. 38, par. 204-1b)
2		Sec. 9b. For the purposes of this Act, the words and
3		phrases described in this Section have the meanings designated
4		in this Section, except when a particular context clearly
5		requires a different meaning.
6		(1) "Division" means the Division of Probation Services of
7		the Supreme Court.
8		(2) "Department" means a probation or court services
9		department that provides probation or court services and such
10		other related services assigned to it by the circuit court or
11		by law.
12		(3) "Probation Officer" means a person employed full time
13		in a probation or court services department or a person
14		employed full-time or part-time as a detention officer
15		providing services to a court under this Act or the Juvenile
16		Court Act of 1987. A probation officer includes detention
17		staff, non-secure group home staff and management personnel
18		who meet minimum standards established by the Supreme Court
19		and who are hired under the direction of the circuit court.
20		These probation officers are judicial employees designated on
21		a circuit wide or county basis and compensated by the
22		appropriate county board or boards.
23		(4) "Basic Services" means the number of personnel
24		determined by the Division as necessary to comply with adult,
25		juvenile, and detention services workload standards and to

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1		operate authorized programs of intermediate sanctions,
2		intensive probation supervision, public or community service,
3		intake services, secure detention services, non-secure group
4		home services and home confinement.
5		(5) "New or Expanded Services" means personnel necessary
6		to operate pretrial programs, victim and restitution programs,
7		psychological services, drunk driving programs, specialized
8		caseloads, community resource coordination programs, and other
9		programs designed to generally improve the quality of
10		probation and court services.
11		(6) "Individualized Services and Programs" means
12		individualized services provided through purchase of service
13		agreements with individuals, specialists, and local public or
14		private agencies providing non-residential services for the
15		rehabilitation of adult and juvenile offenders as an
16		alternative to local or state incarceration.
17		(7) "Jurisdiction" means the geographical area of
18		authority of a probation department as designated by the chief
19		judge of each circuit court under Section 15 of this Act.
20		(8) "Transfer case" means any case where an adult or
21		juvenile offender seeks to have supervision transferred from
22		one county to another or from another state to a county in
23		Illinois, and the transfer is approved by a judicial officer,
24		a department, or through an interstate compact.
25		(Source: P.A. 98-575, eff. 1-1-14.)

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1		(730 ILCS 110/15) (from Ch. 38, par. 204-7)
2		Sec. 15. (1) The Supreme Court of Illinois may establish a
3		Division of Probation Services whose purpose shall be the
4		development, establishment, promulgation, and enforcement of
5		uniform standards for probation services in this State, and to
6		otherwise carry out the intent of this Act. The Division may:
7		(a) establish qualifications for chief probation
8		officers and other probation and court services personnel
9		as to hiring, promotion, and training.
10		(b) make available, on a timely basis, lists of those
11		applicants whose qualifications meet the regulations
12		referred to herein, including on said lists all candidates
13		found qualified.
14		(c) establish a means of verifying the conditions for
15		reimbursement under this Act and develop criteria for
16		approved costs for reimbursement.
17		(d) develop standards and approve employee
18		compensation schedules for probation and court services
19		departments.
20		(e) employ sufficient personnel in the Division to
21		carry out the functions of the Division.
22		(f) establish a system of training and establish
23		standards for personnel orientation and training.
24		(g) develop standards for a system of record keeping
25		for cases and programs, gather statistics, establish a
26		system of uniform forms, and develop research for planning

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1		of Probation Services.
2		(h) develop standards to assure adequate support
3		personnel, office space, equipment and supplies, travel
4		expenses, and other essential items necessary for
5		Probation and Court Services Departments to carry out
6		their duties.
7		(i) review and approve annual plans submitted by
8		Probation and Court Services Departments.
9		(j) monitor and evaluate all programs operated by
10		Probation and Court Services Departments, and may include
11		in the program evaluation criteria such factors as the
12		percentage of Probation sentences for felons convicted of
13		Probationable offenses.
14		(k) seek the cooperation of local and State government
15		and private agencies to improve the quality of probation
16		and court services.
17		(l) where appropriate, establish programs and
18		corresponding standards designed to generally improve the
19		quality of probation and court services and reduce the
20		rate of adult or juvenile offenders committed to the
21		Department of Corrections.
22		(m) establish such other standards and regulations and
23		do all acts necessary to carry out the intent and purposes
24		of this Act.
25		The Division shall develop standards to implement the
26		Domestic Violence Surveillance Program established under

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1		Section 5-8A-7 of the Unified Code of Corrections, including
2		(i) procurement of equipment and other services necessary to
3		implement the program and (ii) development of uniform
4		standards for the delivery of the program through county
5		probation departments, and develop standards for collecting
6		data to evaluate the impact and costs of the Domestic Violence
7		Surveillance Program.
8		The Division shall establish a model list of structured
9		intermediate sanctions that may be imposed by a probation
10		agency for violations of terms and conditions of a sentence of
11		probation, conditional discharge, or supervision.
12		The Division shall establish training standards for
13		continuing education of probation officers and supervisors and
14		broaden access to available training programs.
15		The State of Illinois shall provide for the costs of
16		personnel, travel, equipment, telecommunications, postage,
17		commodities, printing, space, contractual services and other
18		related costs necessary to carry out the intent of this Act.
19		(2)(a) The chief judge of each circuit shall provide
20		full-time probation services for all counties within the
21		circuit, in a manner consistent with the annual probation
22		plan, the standards, policies, and regulations established by
23		the Supreme Court. A probation district of two or more
24		counties within a circuit may be created for the purposes of
25		providing full-time probation services. Every county or group
26		of counties within a circuit shall maintain a probation

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1		department which shall be under the authority of the Chief
2		Judge of the circuit or some other judge designated by the
3		Chief Judge. The Chief Judge, through the Probation and Court
4		Services Department shall submit annual plans to the Division
5		for probation and related services.
6		(b) The Chief Judge of each circuit shall appoint the
7		Chief Probation Officer and all other probation officers for
8		his or her circuit from lists of qualified applicants supplied
9		by the Supreme Court. Candidates for chief managing officer
10		and other probation officer positions must apply with both the
11		Chief Judge of the circuit and the Supreme Court.
12		(3) A Probation and Court Service Department shall apply
13		to the Supreme Court for funds for basic services, and may
14		apply for funds for new and expanded programs or
15		Individualized Services and Programs. Costs shall be
16		reimbursed monthly based on a plan and budget approved by the
17		Supreme Court. No Department may be reimbursed for costs which
18		exceed or are not provided for in the approved annual plan and
19		budget. After the effective date of this amendatory Act of
20		1985, each county must provide basic services in accordance
21		with the annual plan and standards created by the division. No
22		department may receive funds for new or expanded programs or
23		individualized services and programs unless they are in
24		compliance with standards as enumerated in paragraph (h) of
25		subsection (1) of this Section, the annual plan, and standards
26		for basic services.

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1		(4) The Division shall reimburse the county or counties
2		for probation services as follows:
3		(a) 100% of the salary of all chief managing officers
4		designated as such by the Chief Judge and the division.
5		(b) 100% of the salary for all probation officer and
6		supervisor positions approved for reimbursement by the
7		division after April 1, 1984, to meet workload standards
8		and to implement intensive sanction and probation
9		supervision programs and other basic services as defined
10		in this Act.
11		(c) 100% of the salary for all secure detention
12		personnel and non-secure group home personnel approved for
13		reimbursement after December 1, 1990. For all such
14		positions approved for reimbursement before December 1,
15		1990, the counties shall be reimbursed $1,250 per month
16		beginning July 1, 1995, and an additional $250 per month
17		beginning each July 1st thereafter until the positions
18		receive 100% salary reimbursement. Allocation of such
19		positions will be based on comparative need considering
20		capacity, staff/resident ratio, physical plant and
21		program.
22		(d) $1,000 per month for salaries for the remaining
23		probation officer positions engaged in basic services and
24		new or expanded services. All such positions shall be
25		approved by the division in accordance with this Act and
26		division standards.

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1		(e) 100% of the travel expenses in accordance with
2		Division standards for all Probation positions approved
3		under paragraph (b) of subsection 4 of this Section.
4		(f) If the amount of funds reimbursed to the county
5		under paragraphs (a) through (e) of subsection 4 of this
6		Section on an annual basis is less than the amount the
7		county had received during the 12 month period immediately
8		prior to the effective date of this amendatory Act of
9		1985, then the Division shall reimburse the amount of the
10		difference to the county. The effect of paragraph (b) of
11		subsection 7 of this Section shall be considered in
12		implementing this supplemental reimbursement provision.
13		(5) The Division shall provide funds beginning on April 1,
14		1987 for the counties to provide Individualized Services and
15		Programs as provided in Section 16 of this Act.
16		(6) A Probation and Court Services Department in order to
17		be eligible for the reimbursement must submit to the Supreme
18		Court an application containing such information and in such a
19		form and by such dates as the Supreme Court may require.
20		Departments to be eligible for funding must satisfy the
21		following conditions:
22		(a) The Department shall have on file with the Supreme
23		Court an annual Probation plan for continuing, improved,
24		and new Probation and Court Services Programs approved by
25		the Supreme Court or its designee. This plan shall
26		indicate the manner in which Probation and Court Services

HB4700 Enrolled - 473 - LRB102 24222 KTG 33451 b
1		will be delivered and improved, consistent with the
2		minimum standards and regulations for Probation and Court
3		Services, as established by the Supreme Court. In counties
4		with more than one Probation and Court Services Department
5		eligible to receive funds, all Departments within that
6		county must submit plans which are approved by the Supreme
7		Court.
8		(b) The annual probation plan shall seek to generally
9		improve the quality of probation services and to reduce
10		the commitment of adult offenders to the Department of
11		Corrections and to reduce the commitment of juvenile
12		offenders to the Department of Juvenile Justice and shall
13		require, when appropriate, coordination with the
14		Department of Corrections, the Department of Juvenile
15		Justice, and the Department of Children and Family
16		Services in the development and use of community
17		resources, information systems, case review and permanency
18		planning systems to avoid the duplication of services.
19		(c) The Department shall be in compliance with
20		standards developed by the Supreme Court for basic, new
21		and expanded services, training, personnel hiring and
22		promotion.
23		(d) The Department shall in its annual plan indicate
24		the manner in which it will support the rights of crime
25		victims and in which manner it will implement Article I,
26		Section 8.1 of the Illinois Constitution and in what

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1		manner it will coordinate crime victims' support services
2		with other criminal justice agencies within its
3		jurisdiction, including but not limited to, the State's
4		Attorney, the Sheriff and any municipal police department.
5		(7) No statement shall be verified by the Supreme Court or
6		its designee or vouchered by the Comptroller unless each of
7		the following conditions have been met:
8		(a) The probation officer is a full-time employee
9		appointed by the Chief Judge to provide probation services
10		or a part-time employee who serves as a detention officer.
11		(b) The probation officer, in order to be eligible for
12		State reimbursement, is receiving a salary of at least
13		$17,000 per year, unless serving as a part-time detention
14		officer.
15		(c) The probation officer is appointed or was
16		reappointed in accordance with minimum qualifications or
17		criteria established by the Supreme Court; however, all
18		probation officers appointed prior to January 1, 1978,
19		shall be exempted from the minimum requirements
20		established by the Supreme Court. Payments shall be made
21		to counties employing these exempted probation officers as
22		long as they are employed in the position held on the
23		effective date of this amendatory Act of 1985. Promotions
24		shall be governed by minimum qualifications established by
25		the Supreme Court.
26		(d) The Department has an established compensation

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1		schedule approved by the Supreme Court. The compensation
2		schedule shall include salary ranges with necessary
3		increments to compensate each employee. The increments
4		shall, within the salary ranges, be based on such factors
5		as bona fide occupational qualifications, performance, and
6		length of service. Each position in the Department shall
7		be placed on the compensation schedule according to job
8		duties and responsibilities of such position. The policy
9		and procedures of the compensation schedule shall be made
10		available to each employee.
11		(8) In order to obtain full reimbursement of all approved
12		costs, each Department must continue to employ at least the
13		same number of probation officers and probation managers as
14		were authorized for employment for the fiscal year which
15		includes January 1, 1985. This number shall be designated as
16		the base amount of the Department. No positions approved by
17		the Division under paragraph (b) of subsection 4 will be
18		included in the base amount. In the event that the Department
19		employs fewer Probation officers and Probation managers than
20		the base amount for a period of 90 days, funding received by
21		the Department under subsection 4 of this Section may be
22		reduced on a monthly basis by the amount of the current
23		salaries of any positions below the base amount.
24		(9) Before the 15th day of each month, the treasurer of any
25		county which has a Probation and Court Services Department, or
26		the treasurer of the most populous county, in the case of a

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1		Probation or Court Services Department funded by more than one
2		county, shall submit an itemized statement of all approved
3		costs incurred in the delivery of Basic Probation and Court
4		Services under this Act to the Supreme Court. The treasurer
5		may also submit an itemized statement of all approved costs
6		incurred in the delivery of new and expanded Probation and
7		Court Services as well as Individualized Services and
8		Programs. The Supreme Court or its designee shall verify
9		compliance with this Section and shall examine and audit the
10		monthly statement and, upon finding them to be correct, shall
11		forward them to the Comptroller for payment to the county
12		treasurer. In the case of payment to a treasurer of a county
13		which is the most populous of counties sharing the salary and
14		expenses of a Probation and Court Services Department, the
15		treasurer shall divide the money between the counties in a
16		manner that reflects each county's share of the cost incurred
17		by the Department.
18		(10) The county treasurer must certify that funds received
19		under this Section shall be used solely to maintain and
20		improve Probation and Court Services. The county or circuit
21		shall remain in compliance with all standards, policies and
22		regulations established by the Supreme Court. If at any time
23		the Supreme Court determines that a county or circuit is not in
24		compliance, the Supreme Court shall immediately notify the
25		Chief Judge, county board chairman and the Director of Court
26		Services Chief Probation Officer. If after 90 days of written

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1		notice the noncompliance still exists, the Supreme Court shall
2		be required to reduce the amount of monthly reimbursement by
3		10%. An additional 10% reduction of monthly reimbursement
4		shall occur for each consecutive month of noncompliance.
5		Except as provided in subsection 5 of Section 15, funding to
6		counties shall commence on April 1, 1986. Funds received under
7		this Act shall be used to provide for Probation Department
8		expenses including those required under Section 13 of this
9		Act. The Mandatory Arbitration Fund may be used to provide for
10		Probation Department expenses, including those required under
11		Section 13 of this Act.
12		(11) The respective counties shall be responsible for
13		capital and space costs, fringe benefits, clerical costs,
14		equipment, telecommunications, postage, commodities and
15		printing.
16		(12) For purposes of this Act only, probation officers
17		shall be considered peace officers. In the exercise of their
18		official duties, probation officers, sheriffs, and police
19		officers may, anywhere within the State, arrest any
20		probationer who is in violation of any of the conditions of his
21		or her probation, conditional discharge, or supervision, and
22		it shall be the duty of the officer making the arrest to take
23		the probationer before the Court having jurisdiction over the
24		probationer for further order.
25		(Source: P.A. 100-91, eff. 8-11-17.)

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1		Section 5-120. The Revised Uniform Unclaimed Property Act
2		is amended by changing Section 15-801 as follows:
3		(765 ILCS 1026/15-801)
4		Sec. 15-801. Deposit of funds by administrator.
5		(a) Except as otherwise provided in this Section, the
6		administrator shall deposit in the Unclaimed Property Trust
7		Fund all funds received under this Act, including proceeds
8		from the sale of property under Article 7. The administrator
9		may deposit any amount in the Unclaimed Property Trust Fund
10		into the State Pensions Fund during the fiscal year at his or
11		her discretion; however, he or she shall, on April 15 and
12		October 15 of each year, deposit any amount in the Unclaimed
13		Property Trust Fund exceeding $2,500,000 into the State
14		Pensions Fund. If on either April 15 or October 15, the
15		administrator determines that a balance of $2,500,000 is
16		insufficient for the prompt payment of unclaimed property
17		claims authorized under this Act, the administrator may retain
18		more than $2,500,000 in the Unclaimed Property Trust Fund in
19		order to ensure the prompt payment of claims. Beginning in
20		State fiscal year 2024 2023, all amounts that are deposited
21		into the State Pensions Fund from the Unclaimed Property Trust
22		Fund shall be apportioned to the designated retirement systems
23		as provided in subsection (c-6) of Section 8.12 of the State
24		Finance Act to reduce their actuarial reserve deficiencies.
25		(b) The administrator shall make prompt payment of claims

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1		he or she duly allows as provided for in this Act from the
2		Unclaimed Property Trust Fund. This shall constitute an
3		irrevocable and continuing appropriation of all amounts in the
4		Unclaimed Property Trust Fund necessary to make prompt payment
5		of claims duly allowed by the administrator pursuant to this
6		Act.
7		(Source: P.A. 101-10, eff. 6-5-19; 101-636, eff. 6-10-20;
8		102-16, eff. 6-17-21.)
9		ARTICLE 10.
10		Section 10-5. The Illinois Administrative Procedure Act is
11		amended by adding Sections 5-45.21, 5-45.22, 5-45.23, and
12		5-45.26 as follows:
13		(5 ILCS 100/5-45.21 new)
14		Sec. 5-45.21. Emergency rulemaking; Mental Health and
15		Developmental Disabilities Administrative Act. To provide for
16		the expeditious and timely implementation of the changes made
17		to Section 74 of the Mental Health and Developmental
18		Disabilities Administrative Act by this amendatory Act of the
19		102nd General Assembly, emergency rules implementing the
20		changes made to Section 74 of the Mental Health and
21		Developmental Disabilities Administrative Act by this
22		amendatory Act of the 102nd General Assembly may be adopted in
23		accordance with Section 5-45 by the Department of Human

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1		Services or other department essential to the implementation
2		of the changes. The adoption of emergency rules authorized by
3		Section 5-45 and this Section is deemed to be necessary for the
4		public interest, safety, and welfare.
5		This Section is repealed one year after the effective date
6		of this amendatory Act of the 102nd General Assembly.
7		(5 ILCS 100/5-45.22 new)
8		Sec. 5-45.22. Emergency rulemaking; Illinois Public Aid
9		Code. To provide for the expeditious and timely implementation
10		of the changes made to Article 5 of the Illinois Public Aid
11		Code by this amendatory Act of the 102nd General Assembly,
12		emergency rules implementing the changes made to Article 5 of
13		the Illinois Public Aid Code by this amendatory Act of the
14		102nd General Assembly may be adopted in accordance with
15		Section 5-45 by the Department of Healthcare and Family
16		Services or other department essential to the implementation
17		of the changes. The adoption of emergency rules authorized by
18		Section 5-45 and this Section is deemed to be necessary for the
19		public interest, safety, and welfare.
20		This Section is repealed one year after the effective date
21		of this amendatory Act of the 102nd General Assembly.
22		(5 ILCS 100/5-45.23 new)
23		Sec. 5-45.23. Emergency rulemaking; Medical services for
24		certain noncitizens.To provide for the expeditious and timely

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1		implementation of the changes made to Article 12 of the
2		Illinois Public Aid Code by this amendatory Act of the 102nd
3		General Assembly, emergency rules implementing the changes
4		made to Section 12-4.35 of the Illinois Public Aid Code by this
5		amendatory Act of the 102nd General Assembly may be adopted in
6		accordance with Section 5-45 by the Department of Healthcare
7		and Family Services. The adoption of emergency rules
8		authorized by Section 5-45 and this Section is deemed to be
9		necessary for the public interest, safety, and welfare.
10		This Section is repealed one year after the effective date
11		of this amendatory Act of the 102nd General Assembly.
12		(5 ILCS 100/5-45.26 new)
13		Sec. 5-45.26. Emergency rulemaking. To provide for the
14		expeditious and timely implementation of this amendatory Act
15		of the 102nd General Assembly, emergency rules implementing
16		Sections 605-1095 and 605-1100 of the Department of Commerce
17		and Economic Opportunity Law of the Civil Administrative Code
18		of Illinois may be adopted in accordance with Section 5-45 by
19		the Department of Commerce and Economic Opportunity. The
20		adoption of emergency rules authorized by Section 5-45 and
21		this Section is deemed to be necessary for the public
22		interest, safety, and welfare.
23		This Section is repealed one year after the effective date
24		of this amendatory Act of the 102nd General Assembly.

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1		Section 10-10. The Mental Health and Developmental
2		Disabilities Administrative Act is amended by changing Section
3		74 as follows:
4		(20 ILCS 1705/74)
5		Sec. 74. Rates and reimbursements.
6		(a) Within 30 days after July 6, 2017 (the effective date
7		of Public Act 100-23), the Department shall increase rates and
8		reimbursements to fund a minimum of a $0.75 per hour wage
9		increase for front-line personnel, including, but not limited
10		to, direct support persons, aides, front-line supervisors,
11		qualified intellectual disabilities professionals, nurses, and
12		non-administrative support staff working in community-based
13		provider organizations serving individuals with developmental
14		disabilities. The Department shall adopt rules, including
15		emergency rules under subsection (y) of Section 5-45 of the
16		Illinois Administrative Procedure Act, to implement the
17		provisions of this Section.
18		(b) Rates and reimbursements. Within 30 days after the
19		effective date of this amendatory Act of the 100th General
20		Assembly, the Department shall increase rates and
21		reimbursements to fund a minimum of a $0.50 per hour wage
22		increase for front-line personnel, including, but not limited
23		to, direct support persons, aides, front-line supervisors,
24		qualified intellectual disabilities professionals, nurses, and
25		non-administrative support staff working in community-based

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1		provider organizations serving individuals with developmental
2		disabilities. The Department shall adopt rules, including
3		emergency rules under subsection (bb) of Section 5-45 of the
4		Illinois Administrative Procedure Act, to implement the
5		provisions of this Section.
6		(c) Rates and reimbursements. Within 30 days after the
7		effective date of this amendatory Act of the 101st General
8		Assembly, subject to federal approval, the Department shall
9		increase rates and reimbursements in effect on June 30, 2019
10		for community-based providers for persons with Developmental
11		Disabilities by 3.5% The Department shall adopt rules,
12		including emergency rules under subsection (jj) of Section
13		5-45 of the Illinois Administrative Procedure Act, to
14		implement the provisions of this Section, including wage
15		increases for direct care staff.
16		(d) For community-based providers serving persons with
17		intellectual/developmental disabilities, subject to federal
18		approval of any relevant Waiver Amendment, the rates taking
19		effect for services delivered on or after January 1, 2022,
20		shall include an increase in the rate methodology sufficient
21		to provide a $1.50 per hour wage increase for direct support
22		personnel in residential settings and sufficient to provide
23		wages for all residential non-executive direct care staff,
24		excluding direct support personnel, at the federal Department
25		of Labor, Bureau of Labor Statistics' average wage as defined
26		in rule by the Department.

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1		The establishment of and any changes to the rate
2		methodologies for community-based services provided to persons
3		with intellectual/developmental disabilities are subject to
4		federal approval of any relevant Waiver Amendment and shall be
5		defined in rule by the Department. The Department shall adopt
6		rules, including emergency rules as authorized by Section 5-45
7		of the Illinois Administrative Procedure Act, to implement the
8		provisions of this subsection (d).
9		(e) For community-based providers serving persons with
10		intellectual/developmental disabilities, subject to federal
11		approval of any relevant Waiver Amendment, the rates taking
12		effect for services delivered on or after January 1, 2023,
13		shall include an increase in the rate methodology sufficient
14		to provide a $1.00 per hour wage increase for all direct
15		support personnel and all other frontline personnel who are
16		not subject to the Bureau of Labor Statistics' average wage
17		increases, who work in residential and community day services
18		settings, with at least $0.50 of those funds to be provided as
19		a direct increase to base wages, with the remaining $0.50 to be
20		used flexibly for base wage increases. In addition, the rates
21		taking effect for services delivered on or after January 1,
22		2023 shall include an increase sufficient to provide wages for
23		all residential non-executive direct care staff, excluding
24		direct support personnel, at the federal Department of Labor,
25		Bureau of Labor Statistics' average wage as defined in rule by
26		the Department.

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1		The establishment of and any changes to the rate
2		methodologies for community-based services provided to persons
3		with intellectual/developmental disabilities are subject to
4		federal approval of any relevant Waiver Amendment and shall be
5		defined in rule by the Department. The Department shall adopt
6		rules, including emergency rules as authorized by Section 5-45
7		of the Illinois Administrative Procedure Act, to implement the
8		provisions of this subsection.
9		(Source: P.A. 101-10, eff. 6-5-19; 102-16, eff. 6-17-21.)
10		Section 10-15. The Illinois Public Aid Code is amended by
11		changing Sections 3-2.6 and 5-5.4 as follows:
12		(305 ILCS 5/3-2.6)
13		Sec. 3-2.6. Sheltered care rates. The Department of Human
14		Services shall increase the sheltered care rates in effect on
15		June 30, 2022 2008, by 10%.
16		(Source: P.A. 95-780, eff. 8-5-08.)
17		(305 ILCS 5/5-5.4) (from Ch. 23, par. 5-5.4)
18		Sec. 5-5.4. Standards of Payment - Department of
19		Healthcare and Family Services. The Department of Healthcare
20		and Family Services shall develop standards of payment of
21		nursing facility and ICF/DD services in facilities providing
22		such services under this Article which:
23		(1) Provide for the determination of a facility's payment

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1		for nursing facility or ICF/DD services on a prospective
2		basis. The amount of the payment rate for all nursing
3		facilities certified by the Department of Public Health under
4		the ID/DD Community Care Act or the Nursing Home Care Act as
5		Intermediate Care for the Developmentally Disabled facilities,
6		Long Term Care for Under Age 22 facilities, Skilled Nursing
7		facilities, or Intermediate Care facilities under the medical
8		assistance program shall be prospectively established annually
9		on the basis of historical, financial, and statistical data
10		reflecting actual costs from prior years, which shall be
11		applied to the current rate year and updated for inflation,
12		except that the capital cost element for newly constructed
13		facilities shall be based upon projected budgets. The annually
14		established payment rate shall take effect on July 1 in 1984
15		and subsequent years. No rate increase and no update for
16		inflation shall be provided on or after July 1, 1994, unless
17		specifically provided for in this Section. The changes made by
18		Public Act 93-841 extending the duration of the prohibition
19		against a rate increase or update for inflation are effective
20		retroactive to July 1, 2004.
21		For facilities licensed by the Department of Public Health
22		under the Nursing Home Care Act as Intermediate Care for the
23		Developmentally Disabled facilities or Long Term Care for
24		Under Age 22 facilities, the rates taking effect on July 1,
25		1998 shall include an increase of 3%. For facilities licensed
26		by the Department of Public Health under the Nursing Home Care

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1		Act as Skilled Nursing facilities or Intermediate Care
2		facilities, the rates taking effect on July 1, 1998 shall
3		include an increase of 3% plus $1.10 per resident-day, as
4		defined by the Department. For facilities licensed by the
5		Department of Public Health under the Nursing Home Care Act as
6		Intermediate Care Facilities for the Developmentally Disabled
7		or Long Term Care for Under Age 22 facilities, the rates taking
8		effect on January 1, 2006 shall include an increase of 3%. For
9		facilities licensed by the Department of Public Health under
10		the Nursing Home Care Act as Intermediate Care Facilities for
11		the Developmentally Disabled or Long Term Care for Under Age
12		22 facilities, the rates taking effect on January 1, 2009
13		shall include an increase sufficient to provide a $0.50 per
14		hour wage increase for non-executive staff. For facilities
15		licensed by the Department of Public Health under the ID/DD
16		Community Care Act as ID/DD Facilities the rates taking effect
17		within 30 days after July 6, 2017 (the effective date of Public
18		Act 100-23) shall include an increase sufficient to provide a
19		$0.75 per hour wage increase for non-executive staff. The
20		Department shall adopt rules, including emergency rules under
21		subsection (y) of Section 5-45 of the Illinois Administrative
22		Procedure Act, to implement the provisions of this paragraph.
23		For facilities licensed by the Department of Public Health
24		under the ID/DD Community Care Act as ID/DD Facilities and
25		under the MC/DD Act as MC/DD Facilities, the rates taking
26		effect within 30 days after the effective date of this

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1		amendatory Act of the 100th General Assembly shall include an
2		increase sufficient to provide a $0.50 per hour wage increase
3		for non-executive front-line personnel, including, but not
4		limited to, direct support persons, aides, front-line
5		supervisors, qualified intellectual disabilities
6		professionals, nurses, and non-administrative support staff.
7		The Department shall adopt rules, including emergency rules
8		under subsection (bb) of Section 5-45 of the Illinois
9		Administrative Procedure Act, to implement the provisions of
10		this paragraph.
11		For facilities licensed by the Department of Public Health
12		under the Nursing Home Care Act as Intermediate Care for the
13		Developmentally Disabled facilities or Long Term Care for
14		Under Age 22 facilities, the rates taking effect on July 1,
15		1999 shall include an increase of 1.6% plus $3.00 per
16		resident-day, as defined by the Department. For facilities
17		licensed by the Department of Public Health under the Nursing
18		Home Care Act as Skilled Nursing facilities or Intermediate
19		Care facilities, the rates taking effect on July 1, 1999 shall
20		include an increase of 1.6% and, for services provided on or
21		after October 1, 1999, shall be increased by $4.00 per
22		resident-day, as defined by the Department.
23		For facilities licensed by the Department of Public Health
24		under the Nursing Home Care Act as Intermediate Care for the
25		Developmentally Disabled facilities or Long Term Care for
26		Under Age 22 facilities, the rates taking effect on July 1,

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1		2000 shall include an increase of 2.5% per resident-day, as
2		defined by the Department. For facilities licensed by the
3		Department of Public Health under the Nursing Home Care Act as
4		Skilled Nursing facilities or Intermediate Care facilities,
5		the rates taking effect on July 1, 2000 shall include an
6		increase of 2.5% per resident-day, as defined by the
7		Department.
8		For facilities licensed by the Department of Public Health
9		under the Nursing Home Care Act as skilled nursing facilities
10		or intermediate care facilities, a new payment methodology
11		must be implemented for the nursing component of the rate
12		effective July 1, 2003. The Department of Public Aid (now
13		Healthcare and Family Services) shall develop the new payment
14		methodology using the Minimum Data Set (MDS) as the instrument
15		to collect information concerning nursing home resident
16		condition necessary to compute the rate. The Department shall
17		develop the new payment methodology to meet the unique needs
18		of Illinois nursing home residents while remaining subject to
19		the appropriations provided by the General Assembly. A
20		transition period from the payment methodology in effect on
21		June 30, 2003 to the payment methodology in effect on July 1,
22		2003 shall be provided for a period not exceeding 3 years and
23		184 days after implementation of the new payment methodology
24		as follows:
25		(A) For a facility that would receive a lower nursing
26		component rate per patient day under the new system than

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1		the facility received effective on the date immediately
2		preceding the date that the Department implements the new
3		payment methodology, the nursing component rate per
4		patient day for the facility shall be held at the level in
5		effect on the date immediately preceding the date that the
6		Department implements the new payment methodology until a
7		higher nursing component rate of reimbursement is achieved
8		by that facility.
9		(B) For a facility that would receive a higher nursing
10		component rate per patient day under the payment
11		methodology in effect on July 1, 2003 than the facility
12		received effective on the date immediately preceding the
13		date that the Department implements the new payment
14		methodology, the nursing component rate per patient day
15		for the facility shall be adjusted.
16		(C) Notwithstanding paragraphs (A) and (B), the
17		nursing component rate per patient day for the facility
18		shall be adjusted subject to appropriations provided by
19		the General Assembly.
20		For facilities licensed by the Department of Public Health
21		under the Nursing Home Care Act as Intermediate Care for the
22		Developmentally Disabled facilities or Long Term Care for
23		Under Age 22 facilities, the rates taking effect on March 1,
24		2001 shall include a statewide increase of 7.85%, as defined
25		by the Department.
26		Notwithstanding any other provision of this Section, for

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1		facilities licensed by the Department of Public Health under
2		the Nursing Home Care Act as skilled nursing facilities or
3		intermediate care facilities, except facilities participating
4		in the Department's demonstration program pursuant to the
5		provisions of Title 77, Part 300, Subpart T of the Illinois
6		Administrative Code, the numerator of the ratio used by the
7		Department of Healthcare and Family Services to compute the
8		rate payable under this Section using the Minimum Data Set
9		(MDS) methodology shall incorporate the following annual
10		amounts as the additional funds appropriated to the Department
11		specifically to pay for rates based on the MDS nursing
12		component methodology in excess of the funding in effect on
13		December 31, 2006:
14		(i) For rates taking effect January 1, 2007,
15		$60,000,000.
16		(ii) For rates taking effect January 1, 2008,
17		$110,000,000.
18		(iii) For rates taking effect January 1, 2009,
19		$194,000,000.
20		(iv) For rates taking effect April 1, 2011, or the
21		first day of the month that begins at least 45 days after
22		the effective date of this amendatory Act of the 96th
23		General Assembly, $416,500,000 or an amount as may be
24		necessary to complete the transition to the MDS
25		methodology for the nursing component of the rate.
26		Increased payments under this item (iv) are not due and

HB4700 Enrolled - 492 - LRB102 24222 KTG 33451 b
1		payable, however, until (i) the methodologies described in
2		this paragraph are approved by the federal government in
3		an appropriate State Plan amendment and (ii) the
4		assessment imposed by Section 5B-2 of this Code is
5		determined to be a permissible tax under Title XIX of the
6		Social Security Act.
7		Notwithstanding any other provision of this Section, for
8		facilities licensed by the Department of Public Health under
9		the Nursing Home Care Act as skilled nursing facilities or
10		intermediate care facilities, the support component of the
11		rates taking effect on January 1, 2008 shall be computed using
12		the most recent cost reports on file with the Department of
13		Healthcare and Family Services no later than April 1, 2005,
14		updated for inflation to January 1, 2006.
15		For facilities licensed by the Department of Public Health
16		under the Nursing Home Care Act as Intermediate Care for the
17		Developmentally Disabled facilities or Long Term Care for
18		Under Age 22 facilities, the rates taking effect on April 1,
19		2002 shall include a statewide increase of 2.0%, as defined by
20		the Department. This increase terminates on July 1, 2002;
21		beginning July 1, 2002 these rates are reduced to the level of
22		the rates in effect on March 31, 2002, as defined by the
23		Department.
24		For facilities licensed by the Department of Public Health
25		under the Nursing Home Care Act as skilled nursing facilities
26		or intermediate care facilities, the rates taking effect on

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1		July 1, 2001 shall be computed using the most recent cost
2		reports on file with the Department of Public Aid no later than
3		April 1, 2000, updated for inflation to January 1, 2001. For
4		rates effective July 1, 2001 only, rates shall be the greater
5		of the rate computed for July 1, 2001 or the rate effective on
6		June 30, 2001.
7		Notwithstanding any other provision of this Section, for
8		facilities licensed by the Department of Public Health under
9		the Nursing Home Care Act as skilled nursing facilities or
10		intermediate care facilities, the Illinois Department shall
11		determine by rule the rates taking effect on July 1, 2002,
12		which shall be 5.9% less than the rates in effect on June 30,
13		2002.
14		Notwithstanding any other provision of this Section, for
15		facilities licensed by the Department of Public Health under
16		the Nursing Home Care Act as skilled nursing facilities or
17		intermediate care facilities, if the payment methodologies
18		required under Section 5A-12 and the waiver granted under 42
19		CFR 433.68 are approved by the United States Centers for
20		Medicare and Medicaid Services, the rates taking effect on
21		July 1, 2004 shall be 3.0% greater than the rates in effect on
22		June 30, 2004. These rates shall take effect only upon
23		approval and implementation of the payment methodologies
24		required under Section 5A-12.
25		Notwithstanding any other provisions of this Section, for
26		facilities licensed by the Department of Public Health under

HB4700 Enrolled - 494 - LRB102 24222 KTG 33451 b
1		the Nursing Home Care Act as skilled nursing facilities or
2		intermediate care facilities, the rates taking effect on
3		January 1, 2005 shall be 3% more than the rates in effect on
4		December 31, 2004.
5		Notwithstanding any other provision of this Section, for
6		facilities licensed by the Department of Public Health under
7		the Nursing Home Care Act as skilled nursing facilities or
8		intermediate care facilities, effective January 1, 2009, the
9		per diem support component of the rates effective on January
10		1, 2008, computed using the most recent cost reports on file
11		with the Department of Healthcare and Family Services no later
12		than April 1, 2005, updated for inflation to January 1, 2006,
13		shall be increased to the amount that would have been derived
14		using standard Department of Healthcare and Family Services
15		methods, procedures, and inflators.
16		Notwithstanding any other provisions of this Section, for
17		facilities licensed by the Department of Public Health under
18		the Nursing Home Care Act as intermediate care facilities that
19		are federally defined as Institutions for Mental Disease, or
20		facilities licensed by the Department of Public Health under
21		the Specialized Mental Health Rehabilitation Act of 2013, a
22		socio-development component rate equal to 6.6% of the
23		facility's nursing component rate as of January 1, 2006 shall
24		be established and paid effective July 1, 2006. The
25		socio-development component of the rate shall be increased by
26		a factor of 2.53 on the first day of the month that begins at

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1		least 45 days after January 11, 2008 (the effective date of
2		Public Act 95-707). As of August 1, 2008, the
3		socio-development component rate shall be equal to 6.6% of the
4		facility's nursing component rate as of January 1, 2006,
5		multiplied by a factor of 3.53. For services provided on or
6		after April 1, 2011, or the first day of the month that begins
7		at least 45 days after the effective date of this amendatory
8		Act of the 96th General Assembly, whichever is later, the
9		Illinois Department may by rule adjust these socio-development
10		component rates, and may use different adjustment
11		methodologies for those facilities participating, and those
12		not participating, in the Illinois Department's demonstration
13		program pursuant to the provisions of Title 77, Part 300,
14		Subpart T of the Illinois Administrative Code, but in no case
15		may such rates be diminished below those in effect on August 1,
16		2008.
17		For facilities licensed by the Department of Public Health
18		under the Nursing Home Care Act as Intermediate Care for the
19		Developmentally Disabled facilities or as long-term care
20		facilities for residents under 22 years of age, the rates
21		taking effect on July 1, 2003 shall include a statewide
22		increase of 4%, as defined by the Department.
23		For facilities licensed by the Department of Public Health
24		under the Nursing Home Care Act as Intermediate Care for the
25		Developmentally Disabled facilities or Long Term Care for
26		Under Age 22 facilities, the rates taking effect on the first

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1		day of the month that begins at least 45 days after the
2		effective date of this amendatory Act of the 95th General
3		Assembly shall include a statewide increase of 2.5%, as
4		defined by the Department.
5		Notwithstanding any other provision of this Section, for
6		facilities licensed by the Department of Public Health under
7		the Nursing Home Care Act as skilled nursing facilities or
8		intermediate care facilities, effective January 1, 2005,
9		facility rates shall be increased by the difference between
10		(i) a facility's per diem property, liability, and malpractice
11		insurance costs as reported in the cost report filed with the
12		Department of Public Aid and used to establish rates effective
13		July 1, 2001 and (ii) those same costs as reported in the
14		facility's 2002 cost report. These costs shall be passed
15		through to the facility without caps or limitations, except
16		for adjustments required under normal auditing procedures.
17		Rates established effective each July 1 shall govern
18		payment for services rendered throughout that fiscal year,
19		except that rates established on July 1, 1996 shall be
20		increased by 6.8% for services provided on or after January 1,
21		1997. Such rates will be based upon the rates calculated for
22		the year beginning July 1, 1990, and for subsequent years
23		thereafter until June 30, 2001 shall be based on the facility
24		cost reports for the facility fiscal year ending at any point
25		in time during the previous calendar year, updated to the
26		midpoint of the rate year. The cost report shall be on file

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1		with the Department no later than April 1 of the current rate
2		year. Should the cost report not be on file by April 1, the
3		Department shall base the rate on the latest cost report filed
4		by each skilled care facility and intermediate care facility,
5		updated to the midpoint of the current rate year. In
6		determining rates for services rendered on and after July 1,
7		1985, fixed time shall not be computed at less than zero. The
8		Department shall not make any alterations of regulations which
9		would reduce any component of the Medicaid rate to a level
10		below what that component would have been utilizing in the
11		rate effective on July 1, 1984.
12		(2) Shall take into account the actual costs incurred by
13		facilities in providing services for recipients of skilled
14		nursing and intermediate care services under the medical
15		assistance program.
16		(3) Shall take into account the medical and psycho-social
17		characteristics and needs of the patients.
18		(4) Shall take into account the actual costs incurred by
19		facilities in meeting licensing and certification standards
20		imposed and prescribed by the State of Illinois, any of its
21		political subdivisions or municipalities and by the U.S.
22		Department of Health and Human Services pursuant to Title XIX
23		of the Social Security Act.
24		The Department of Healthcare and Family Services shall
25		develop precise standards for payments to reimburse nursing
26		facilities for any utilization of appropriate rehabilitative

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1		personnel for the provision of rehabilitative services which
2		is authorized by federal regulations, including reimbursement
3		for services provided by qualified therapists or qualified
4		assistants, and which is in accordance with accepted
5		professional practices. Reimbursement also may be made for
6		utilization of other supportive personnel under appropriate
7		supervision.
8		The Department shall develop enhanced payments to offset
9		the additional costs incurred by a facility serving
10		exceptional need residents and shall allocate at least
11		$4,000,000 of the funds collected from the assessment
12		established by Section 5B-2 of this Code for such payments.
13		For the purpose of this Section, "exceptional needs" means,
14		but need not be limited to, ventilator care and traumatic
15		brain injury care. The enhanced payments for exceptional need
16		residents under this paragraph are not due and payable,
17		however, until (i) the methodologies described in this
18		paragraph are approved by the federal government in an
19		appropriate State Plan amendment and (ii) the assessment
20		imposed by Section 5B-2 of this Code is determined to be a
21		permissible tax under Title XIX of the Social Security Act.
22		Beginning January 1, 2014 the methodologies for
23		reimbursement of nursing facility services as provided under
24		this Section 5-5.4 shall no longer be applicable for services
25		provided on or after January 1, 2014.
26		No payment increase under this Section for the MDS

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1		methodology, exceptional care residents, or the
2		socio-development component rate established by Public Act
3		96-1530 of the 96th General Assembly and funded by the
4		assessment imposed under Section 5B-2 of this Code shall be
5		due and payable until after the Department notifies the
6		long-term care providers, in writing, that the payment
7		methodologies to long-term care providers required under this
8		Section have been approved by the Centers for Medicare and
9		Medicaid Services of the U.S. Department of Health and Human
10		Services and the waivers under 42 CFR 433.68 for the
11		assessment imposed by this Section, if necessary, have been
12		granted by the Centers for Medicare and Medicaid Services of
13		the U.S. Department of Health and Human Services. Upon
14		notification to the Department of approval of the payment
15		methodologies required under this Section and the waivers
16		granted under 42 CFR 433.68, all increased payments otherwise
17		due under this Section prior to the date of notification shall
18		be due and payable within 90 days of the date federal approval
19		is received.
20		On and after July 1, 2012, the Department shall reduce any
21		rate of reimbursement for services or other payments or alter
22		any methodologies authorized by this Code to reduce any rate
23		of reimbursement for services or other payments in accordance
24		with Section 5-5e.
25		For facilities licensed by the Department of Public Health
26		under the ID/DD Community Care Act as ID/DD Facilities and

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1		under the MC/DD Act as MC/DD Facilities, subject to federal
2		approval, the rates taking effect for services delivered on or
3		after August 1, 2019 shall be increased by 3.5% over the rates
4		in effect on June 30, 2019. The Department shall adopt rules,
5		including emergency rules under subsection (ii) of Section
6		5-45 of the Illinois Administrative Procedure Act, to
7		implement the provisions of this Section, including wage
8		increases for direct care staff.
9		For facilities licensed by the Department of Public Health
10		under the ID/DD Community Care Act as ID/DD Facilities and
11		under the MC/DD Act as MC/DD Facilities, subject to federal
12		approval, the rates taking effect on the latter of the
13		approval date of the State Plan Amendment for these facilities
14		or the Waiver Amendment for the home and community-based
15		services settings shall include an increase sufficient to
16		provide a $0.26 per hour wage increase to the base wage for
17		non-executive staff. The Department shall adopt rules,
18		including emergency rules as authorized by Section 5-45 of the
19		Illinois Administrative Procedure Act, to implement the
20		provisions of this Section, including wage increases for
21		direct care staff.
22		For facilities licensed by the Department of Public Health
23		under the ID/DD Community Care Act as ID/DD Facilities and
24		under the MC/DD Act as MC/DD Facilities, subject to federal
25		approval of the State Plan Amendment and the Waiver Amendment
26		for the home and community-based services settings, the rates

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1		taking effect for the services delivered on or after July 1,
2		2020 shall include an increase sufficient to provide a $1.00
3		per hour wage increase for non-executive staff. For services
4		delivered on or after January 1, 2021, subject to federal
5		approval of the State Plan Amendment and the Waiver Amendment
6		for the home and community-based services settings, shall
7		include an increase sufficient to provide a $0.50 per hour
8		increase for non-executive staff. The Department shall adopt
9		rules, including emergency rules as authorized by Section 5-45
10		of the Illinois Administrative Procedure Act, to implement the
11		provisions of this Section, including wage increases for
12		direct care staff.
13		For facilities licensed by the Department of Public Health
14		under the ID/DD Community Care Act as ID/DD Facilities and
15		under the MC/DD Act as MC/DD Facilities, subject to federal
16		approval of the State Plan Amendment, the rates taking effect
17		for the residential services delivered on or after July 1,
18		2021, shall include an increase sufficient to provide a $0.50
19		per hour increase for aides in the rate methodology. For
20		facilities licensed by the Department of Public Health under
21		the ID/DD Community Care Act as ID/DD Facilities and under the
22		MC/DD Act as MC/DD Facilities, subject to federal approval of
23		the State Plan Amendment, the rates taking effect for the
24		residential services delivered on or after January 1, 2022
25		shall include an increase sufficient to provide a $1.00 per
26		hour increase for aides in the rate methodology. In addition,

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1		for residential services delivered on or after January 1, 2022
2		such rates shall include an increase sufficient to provide
3		wages for all residential non-executive direct care staff,
4		excluding aides, at the federal Department of Labor, Bureau of
5		Labor Statistics' average wage as defined in rule by the
6		Department. The Department shall adopt rules, including
7		emergency rules as authorized by Section 5-45 of the Illinois
8		Administrative Procedure Act, to implement the provisions of
9		this Section.
10		For facilities licensed by the Department of Public Health
11		under the ID/DD Community Care Act as ID/DD facilities and
12		under the MC/DD Act as MC/DD facilities, subject to federal
13		approval of the State Plan Amendment, the rates taking effect
14		for services delivered on or after January 1, 2023, shall
15		include a $1.00 per hour wage increase for all direct support
16		personnel and all other frontline personnel who are not
17		subject to the Bureau of Labor Statistics' average wage
18		increases, who work in residential and community day services
19		settings, with at least $0.50 of those funds to be provided as
20		a direct increase to all aide base wages, with the remaining
21		$0.50 to be used flexibly for base wage increases to the rate
22		methodology for aides. In addition, for residential services
23		delivered on or after January 1, 2023 the rates shall include
24		an increase sufficient to provide wages for all residential
25		non-executive direct care staff, excluding aides, at the
26		federal Department of Labor, Bureau of Labor Statistics'

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1		average wage as determined by the Department. Also, for
2		services delivered on or after January 1, 2023, the rates will
3		include adjustments to employment-related expenses as defined
4		in rule by the Department. The Department shall adopt rules,
5		including emergency rules as authorized by Section 5-45 of the
6		Illinois Administrative Procedure Act, to implement the
7		provisions of this Section.
8		(Source: P.A. 101-10, eff. 6-5-19; 101-636, eff. 6-10-20;
9		102-16, eff. 6-17-21.)
10		ARTICLE 15.
11		Section 15-2. The Counties Code is amended by adding
12		Section 3-6007.5 as follows:
13		(55 ILCS 5/3-6007.5 new)
14		Sec. 3-6007.5. Sheriff's salary.
15		(a) As used in this Section, "salary" is exclusive of any
16		other compensation or benefits.
17		(b) The salary of a sheriff elected or appointed after the
18		effective date of this amendatory Act of the 102nd General
19		Assembly in a non-home rule county shall not be less than 80%
20		of the salary set for the State's Attorney under Section
21		4-2001 for the county in which the sheriff is elected or
22		appointed.
23		(c) The State shall furnish 66 2/3% of the total annual

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1		salary to be paid to a sheriff. Said amounts furnished by the
2		State shall be payable monthly by the Department of Revenue
3		out of the Personal Property Tax Replacement Fund or the
4		General Revenue Fund to the county in which the sheriff is
5		elected or appointed. The county shall furnish 33 1/3% of the
6		total annual salary.
7		Section 15-5. The School Code is amended by changing
8		Section 10-22.36 and by adding Section 13-44.6 as follows:
9		(105 ILCS 5/10-22.36) (from Ch. 122, par. 10-22.36)
10		Sec. 10-22.36. Buildings for school purposes.
11		(a) To build or purchase a building for school classroom
12		or instructional purposes upon the approval of a majority of
13		the voters upon the proposition at a referendum held for such
14		purpose or in accordance with Section 17-2.11, 19-3.5, or
15		19-3.10. The board may initiate such referendum by resolution.
16		The board shall certify the resolution and proposition to the
17		proper election authority for submission in accordance with
18		the general election law.
19		The questions of building one or more new buildings for
20		school purposes or office facilities, and issuing bonds for
21		the purpose of borrowing money to purchase one or more
22		buildings or sites for such buildings or office sites, to
23		build one or more new buildings for school purposes or office
24		facilities or to make additions and improvements to existing

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1		school buildings, may be combined into one or more
2		propositions on the ballot.
3		Before erecting, or purchasing or remodeling such a
4		building the board shall submit the plans and specifications
5		respecting heating, ventilating, lighting, seating, water
6		supply, toilets and safety against fire to the regional
7		superintendent of schools having supervision and control over
8		the district, for approval in accordance with Section 2-3.12.
9		Notwithstanding any of the foregoing, no referendum shall
10		be required if the purchase, construction, or building of any
11		such building (1) occurs while the building is being leased by
12		the school district or (2) is paid with (A) funds derived from
13		the sale or disposition of other buildings, land, or
14		structures of the school district or (B) funds received (i) as
15		a grant under the School Construction Law or (ii) as gifts or
16		donations, provided that no funds to purchase, construct, or
17		build such building, other than lease payments, are derived
18		from the district's bonded indebtedness or the tax levy of the
19		district.
20		Notwithstanding any of the foregoing, no referendum shall
21		be required if the purchase, construction, or building of any
22		such building is paid with funds received from the County
23		School Facility and Resources Occupation Tax Law under Section
24		5-1006.7 of the Counties Code or from the proceeds of bonds or
25		other debt obligations secured by revenues obtained from that
26		Law.

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1		Notwithstanding any of the foregoing, for Decatur School
2		District Number 61, no referendum shall be required if at
3		least 50% of the cost of the purchase, construction, or
4		building of any such building is paid, or will be paid, with
5		funds received or expected to be received as part of, or
6		otherwise derived from, any COVID-19 pandemic relief program
7		or funding source, including, but not limited to, Elementary
8		and Secondary School Emergency Relief Fund grant proceeds.
9		(b) Notwithstanding the provisions of subsection (a), for
10		any school district: (i) that is a tier 1 school, (ii) that has
11		a population of less than 50,000 inhabitants, (iii) whose
12		student population is between 5,800 and 6,300, (iv) in which
13		57% to 62% of students are low-income, and (v) whose average
14		district spending is between $10,000 to $12,000 per pupil,
15		until July 1, 2025, no referendum shall be required if at least
16		50% 70% of the cost of the purchase, construction, or building
17		of any such building is paid, or will be paid, with funds
18		received or expected to be received as part of, or otherwise
19		derived from, the federal Consolidated Appropriations Act and
20		the federal American Rescue Plan Act of 2021.
21		For this subsection (b), the school board must hold at
22		least 2 public hearings, the sole purpose of which shall be to
23		discuss the decision to construct a school building and to
24		receive input from the community. The notice of each public
25		hearing that sets forth the time, date, place, and name or
26		description of the school building that the school board is

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1		considering constructing must be provided at least 10 days
2		prior to the hearing by publication on the school board's
3		Internet website.
4		(Source: P.A. 101-455, eff. 8-23-19; 102-16, eff. 6-17-21.)
5		(105 ILCS 5/13-44.6 new)
6		Sec. 13-44.6. Department of Juvenile Justice Reimbursement
7		and Education Fund; budget. Beginning July 1, 2022, all moneys
8		received by the Department of Juvenile Justice from the Common
9		School Fund, federal aid and grants, vocational and
10		educational funds and grants, and gifts and grants by
11		individuals, foundations and corporations for educational
12		purposes shall be deposited into the Department of Juvenile
13		Justice Reimbursement and Education Fund in the State
14		Treasury. Moneys in the Department of Juvenile Justice
15		Reimbursement and Education Fund may be used, subject to
16		appropriation, to pay the expense of the schools and school
17		district of the Department of Juvenile Justice together with
18		and supplemental to regular appropriations to the Department
19		for educational purposes, including, but not limited to, the
20		cost of teacher salaries, supplies and materials, building
21		upkeep and costs, transportation, scholarships, non-academic
22		salaries, contractual services, equipment, and other school
23		costs.
24		Section 15-10. The Unified Code of Corrections is amended

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1		by changing Section 3-4-1 as follows:
2		(730 ILCS 5/3-4-1) (from Ch. 38, par. 1003-4-1)
3		Sec. 3-4-1. Gifts and Grants; Special Trusts Funds;
4		Department of Corrections Reimbursement and Education Fund.
5		(a) The Department may accept, receive and use, for and in
6		behalf of the State, any moneys, goods or services given for
7		general purposes of this Code by the federal government or
8		from any other source, public or private, including
9		collections from inmates, reimbursement of payments under the
10		Workers' Compensation Act, and commissions from inmate collect
11		call telephone systems under an agreement with the Department
12		of Central Management Services. For these purposes the
13		Department may comply with such conditions and enter into such
14		agreements upon such covenants, terms, and conditions as the
15		Department may deem necessary or desirable, if the agreement
16		is not in conflict with State law.
17		(a-5) Beginning January 1, 2018, the Department of Central
18		Management Services shall contract with the qualified vendor
19		who proposes the lowest per minute rate not exceeding 7 cents
20		per minute for debit, prepaid, collect calls and who does not
21		bill to any party any tax, service charge, or additional fee
22		exceeding the per minute rate, including, but not limited to,
23		any per call surcharge, account set up fee, bill statement
24		fee, monthly account maintenance charge, or refund fee as
25		established by the Federal Communications Commission Order for

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1		state prisons in the Matter of Rates for Interstate Inmate
2		Calling Services, Second Report and Order, WC Docket 12-375,
3		FCC 15-136 (adopted Oct. 22, 2015). Telephone services made
4		available through a prepaid or collect call system shall
5		include international calls; those calls shall be made
6		available at reasonable rates subject to Federal
7		Communications Commission rules and regulations, but not to
8		exceed 23 cents per minute. Public Act 99-878 This amendatory
9		Act of the 99th General Assembly applies to any new or renewal
10		contract for inmate calling services.
11		(b) On July 1, 1998, the Department of Corrections
12		Reimbursement Fund and the Department of Corrections Education
13		Fund shall be combined into a single fund to be known as the
14		Department of Corrections Reimbursement and Education Fund,
15		which is hereby created as a special fund in the State
16		Treasury. The moneys deposited into the Department of
17		Corrections Reimbursement and Education Fund shall be
18		appropriated to the Department of Corrections for the expenses
19		of the Department.
20		The following shall be deposited into the Department of
21		Corrections Reimbursement and Education Fund:
22		(i) Moneys received or recovered by the Department of
23		Corrections as reimbursement for expenses incurred for the
24		incarceration of committed persons.
25		(ii) Moneys received or recovered by the Department as
26		reimbursement of payments made under the Workers'

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1		Compensation Act.
2		(iii) Moneys received by the Department as commissions
3		from inmate collect call telephone systems.
4		(iv) Moneys received or recovered by the Department as
5		reimbursement for expenses incurred by the employment of
6		persons referred to the Department as participants in the
7		federal Job Training Partnership Act programs.
8		(v) Federal moneys, including reimbursement and
9		advances for services rendered or to be rendered and
10		moneys for other than educational purposes, under grant or
11		contract.
12		(vi) Moneys identified for deposit into the Fund under
13		Section 13-44.4 of the School Code.
14		(vii) Moneys in the Department of Corrections
15		Reimbursement Fund and the Department of Corrections
16		Education Fund at the close of business on June 30, 1998.
17		(c) The Department of Juvenile Justice Reimbursement and
18		Education Fund is created as a special fund in the State
19		Treasury. The moneys deposited into the Department of Juvenile
20		Justice Reimbursement Fund and Education shall be appropriated
21		to the Department of Juvenile Justice for the expenses of the
22		Department. The following moneys shall be deposited into the
23		Department of Juvenile Justice Reimbursement Fund and
24		Education Fund:
25		(i) received or recovered by the Department of
26		Juvenile Justice as reimbursement for expenses incurred

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1		for the incarceration of committed youth;
2		(ii) received or recovered by the Department as
3		reimbursement of payments made under the Workers'
4		Compensation Act;
5		(iii) received or recovered by the Department as
6		reimbursement for expenses incurred by the employment of
7		persons referred to the Department as participants in the
8		federal Job Training Partnership Act programs;
9		(iv) federal moneys, including reimbursement and
10		advances for services rendered or to be rendered and
11		moneys for other than educational purposes, under grant or
12		contract; and
13		(v) moneys identified for deposit into the Fund under
14		Section 13-44.6 13-44.4 of the School Code.
15		(Source: P.A. 102-350, eff. 8-13-21.)
16		Article 20.
17		Section 20-1. Short title. This Article may be cited as
18		the Rebuild Illinois Mental Health Workforce Act. References
19		in this Article to "this Act" mean this Article.
20		Section 20-5. Purpose. The purpose of this Act is to
21		preserve and expand access to Medicaid community mental health
22		care in Illinois to prevent unnecessary hospitalizations and
23		avoid the criminalization of mental health conditions.

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1		Section 20-10. Medicaid funding for community mental
2		health services. Medicaid funding for the specific community
3		mental health services listed in this Act shall be adjusted
4		and paid as set forth in this Act. Such payments shall be paid
5		in addition to the base Medicaid reimbursement rate and add-on
6		payment rates per service unit. The payment adjustments shall
7		begin on July 1, 2022 for State Fiscal Year 2023 and shall
8		continue for every State fiscal year thereafter.
9		(1) Individual Therapy Medicaid Payment rate for
10		services provided under the H0004 Code:
11		(A) The Medicaid total payment rate for individual
12		therapy provided by a qualified mental health
13		professional shall be increased by no less than $9 per
14		service unit.
15		(B) The Medicaid total payment rate for individual
16		therapy provided by a mental health professional shall
17		be increased by no less then $9 per service unit.
18		(2) Community Support - Individual Medicaid Payment
19		rate for services provided under the H2015 Code: All
20		community support - individual services shall be increased
21		by no less than $15 per service unit.
22		(3) Case Management Medicaid Add-on Payment for
23		services provided under the T1016 code: All case
24		management services rates shall be increased by no less
25		than $15 per service unit.

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1		(4) Assertive Community Treatment Medicaid Add-on
2		Payment for services provided under the H0039 code: The
3		Medicaid total payment rate for assertive community
4		treatment services shall increase by no less than $8 per
5		service unit.
6		(5) Medicaid user-based directed payments.
7		(A) For each State fiscal year, a monthly directed
8		payment shall be paid to a community mental health
9		provider of community support team services based on
10		the number of Medicaid users of community support team
11		services documented by Medicaid fee-for-service and
12		managed care encounter claims delivered by that
13		provider in the base year. The Department of
14		Healthcare and Family Services shall make the monthly
15		directed payment to each provider entitled to directed
16		payments under this Act by no later than the last day
17		of each month throughout each State fiscal year.
18		(i) The monthly directed payment for a
19		community support team provider shall be
20		calculated as follows: The sum total number of
21		individual Medicaid users of community support
22		team services delivered by that provider
23		throughout the base year, multiplied by $4,200 per
24		Medicaid user, divided into 12 equal monthly
25		payments for the State fiscal year.
26		(ii) As used in this subparagraph, "user"

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1		means an individual who received at least 200
2		units of community support team services (H2016)
3		during the base year.
4		(B) For each State fiscal year, a monthly directed
5		payment shall be paid to each community mental health
6		provider of assertive community treatment services
7		based on the number of Medicaid users of assertive
8		community treatment services documented by Medicaid
9		fee-for-service and managed care encounter claims
10		delivered by the provider in the base year.
11		(i) The monthly direct payment for an
12		assertive community treatment provider shall be
13		calculated as follows: The sum total number of
14		Medicaid users of assertive community treatment
15		services provided by that provider throughout the
16		base year, multiplied by $6,000 per Medicaid user,
17		divided into 12 equal monthly payments for that
18		State fiscal year.
19		(ii) As used in this subparagraph, "user"
20		means an individual that received at least 300
21		units of assertive community treatment services
22		during the base year.
23		(C) The base year for directed payments under this
24		Section shall be calendar year 2019 for State Fiscal
25		Year 2023 and State Fiscal Year 2024. For the State
26		fiscal year beginning on July 1, 2024, and for every

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1		State fiscal year thereafter, the base year shall be
2		the calendar year that ended 18 months prior to the
3		start of the State fiscal year in which payments are
4		made.
5		Section 20-15. Applicable Medicaid services. The payments
6		listed in Section 20-10 shall apply to Medicaid services
7		provided through contracts with any Medicaid managed care
8		organization or entity and for Medicaid services paid for
9		directly by the Department of Healthcare and Family Services.
10		Section 20-20. Base Medicaid rates or add-on payments. No
11		base Medicaid rate or Medicaid rate add-on payment or any
12		other payment for the provision of Medicaid community mental
13		health services in place on July 1, 2021 shall be diminished or
14		changed to make the reimbursement changes required by this
15		Act. Any payments required under this Act that are delayed due
16		to implementation challenges or federal approval shall be made
17		retroactive to July 1, 2022 for the full amount required by
18		this Act regardless of the amount a provider bills Illinois'
19		Medical Assistance Program (via a Medicaid managed care
20		organization or the Department of Healthcare and Family
21		Services directly) for such services.
22		Section 20-25. Federal approval and Medicaid federal
23		financial participation. The Department of Healthcare and

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1		Family Services shall submit any necessary application to the
2		federal Centers for Medicare and Medicaid Services immediately
3		following the effective date of this Act for purposes of
4		implementation of this Act. The payments required under this
5		Act shall only be required as long as Illinois receives
6		federal financial participation for such payments.
7		Article 25.
8		Section 25-1. Short title. This Article may be cited as
9		the Substance Use Disorder Rate Equity Act.
10		Section 25-5. Funding for licensed or certified
11		community-based substance use disorder treatment providers and
12		services. Beginning in State Fiscal Year 2023, and every State
13		fiscal year thereafter, the General Assembly shall appropriate
14		sufficient funds to the Department of Human Services for
15		reimbursement rates for licensed or certified community-based
16		substance use disorder treatment providers and services under
17		community service grant programs for persons with substance
18		use disorders, including, but not limited to, all of the
19		following services:
20		(1) Admission and Discharge Assessment.
21		(2) Level 1 (Individual).
22		(3) Level 1 (Group).
23		(4) Level 2 (Individual).

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1		(5) Level 2 (Group).
2		(6) Case Management.
3		(7) Psychiatric Evaluation.
4		(8) Medication Assisted Recovery.
5		(9) Community Intervention.
6		(10) Early Intervention (Individual).
7		(11) Early Intervention (Group).
8		Reimbursement rates for such services shall be adjusted
9		upward by an amount equal to the Consumer Price Index-U from
10		the previous year, not to exceed 2% in any State fiscal year.
11		If there is a decrease in the Consumer Price Index-U, rates
12		shall remain unchanged for that State fiscal year. The
13		Department shall adopt rules, including emergency rules in
14		accordance with the Illinois Administrative Procedure Act, to
15		implement the provisions of this Section.
16		For the purposes of this Section, "consumer price index-u"
17		means the index published by the Bureau of Labor Statistics of
18		the United States Department of Labor that measures the
19		average change in prices of goods and services purchased by
20		all urban consumers, United States city average, all items,
21		1982-84 = 100.
22		Article 26.
23		Section 26-5. The Illinois Administrative Procedure Act is
24		amended by adding Section 5-45.24 as follows:

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1		(5 ILCS 100/5-45.24 new)
2		Sec. 5-45.24. Emergency rulemaking; Departments of
3		Healthcare and Family Services and Human Services. To provide
4		for the expeditious and timely implementation of the Substance
5		Use Disorder Rate Equity Act, Section 55-30 of the Substance
6		Use Disorder Act, and Section 5-5.05a of the Illinois Public
7		Aid Code, emergency rules implementing the Substance Use
8		Disorder Rate Equity Act and changes made to Section 55-30 of
9		the Substance Use Disorder Act and Section 5-5.05a of the
10		Illinois Public Aid Code may be adopted in accordance with
11		Section 5-45 by the respective Department. The adoption of
12		emergency rules authorized by Section 5-45 and this Section is
13		deemed to be necessary for the public interest, safety, and
14		welfare.
15		This Section is repealed one year after the effective date
16		of this amendatory Act of the 102nd General Assembly.
17		Section 26-10. The Substance Use Disorder Act is amended
18		by changing Section 55-30 as follows:
19		(20 ILCS 301/55-30)
20		Sec. 55-30. Rate increase.
21		(a) The Department shall by rule develop the increased
22		rate methodology and annualize the increased rate beginning
23		with State fiscal year 2018 contracts to licensed providers of

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1		community-based substance use disorder intervention or
2		treatment, based on the additional amounts appropriated for
3		the purpose of providing a rate increase to licensed
4		providers. The Department shall adopt rules, including
5		emergency rules under subsection (y) of Section 5-45 of the
6		Illinois Administrative Procedure Act, to implement the
7		provisions of this Section.
8		(b) (Blank). Within 30 days after June 4, 2018 (the
9		effective date of Public Act 100-587), the Division of
10		Substance Use Prevention and Recovery shall apply an increase
11		in rates of 3% above the rate paid on June 30, 2017 to all
12		Medicaid and non-Medicaid reimbursable service rates. The
13		Department shall adopt rules, including emergency rules under
14		subsection (bb) of Section 5-45 of the Illinois Administrative
15		Procedure Act, to implement the provisions of this subsection
16		(b).
17		(c) Beginning on July 1, 2022, the Division of Substance
18		Use Prevention and Recovery shall increase reimbursement rates
19		for all community-based substance use disorder treatment and
20		intervention services by 47%, including, but not limited to,
21		all of the following:
22		(1) Admission and Discharge Assessment.
23		(2) Level 1 (Individual).
24		(3) Level 1 (Group).
25		(4) Level 2 (Individual).
26		(5) Level 2 (Group).

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1		(6) Case Management.
2		(7) Psychiatric Evaluation.
3		(8) Medication Assisted Recovery.
4		(9) Community Intervention.
5		(10) Early Intervention (Individual).
6		(11) Early Intervention (Group).
7		Beginning in State Fiscal Year 2023, and every State
8		fiscal year thereafter, reimbursement rates for those
9		community-based substance use disorder treatment and
10		intervention services shall be adjusted upward by an amount
11		equal to the Consumer Price Index-U from the previous year,
12		not to exceed 2% in any State fiscal year. If there is a
13		decrease in the Consumer Price Index-U, rates shall remain
14		unchanged for that State fiscal year. The Department shall
15		adopt rules, including emergency rules in accordance with the
16		Illinois Administrative Procedure Act, to implement the
17		provisions of this Section.
18		As used in this subsection, "consumer price index-u" means
19		the index published by the Bureau of Labor Statistics of the
20		United States Department of Labor that measures the average
21		change in prices of goods and services purchased by all urban
22		consumers, United States city average, all items, 1982-84 =
23		100.
24		(Source: P.A. 100-23, eff. 7-6-17; 100-587, eff. 6-4-18;
25		100-759, eff. 1-1-19; 101-81, eff. 7-12-19.)

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1		Section 26-15. Illinois Public Aid Code is amended by
2		adding Section 5-45 as follows:
3		(305 ILCS 5/5-45 new)
4		Sec. 5-45. Reimbursement rates; substance use disorder
5		treatment providers and facilities. Beginning on July 1, 2022,
6		the Department of Human Services' Division of Substance Use
7		Prevention and Recovery in conjunction with the Department of
8		Healthcare and Family Services, shall provide for an increase
9		in reimbursement rates by way of an increase to existing rates
10		of 47% for all community-based substance use disorder
11		treatment services, including, but not limited to, all of the
12		following:
13		(1) Admission and Discharge Assessment.
14		(2) Level 1 (Individual).
15		(3) Level 1 (Group).
16		(4) Level 2 (Individual).
17		(5) Level 2 (Group).
18		(6) Psychiatric/Diagnostic.
19		(7) Medication Monitoring (Individual).
20		(8) Methadone as an Adjunct to Treatment.
21		No existing or future reimbursement rates or add-ons shall
22		be reduced or changed to address the rate increase proposed
23		under this Section. The Department of Healthcare and Family
24		Services shall immediately, no later than 3 months following
25		the effective date of this amendatory Act of the 102nd General

HB4700 Enrolled - 522 - LRB102 24222 KTG 33451 b
1		Assembly, submit any necessary application to the federal
2		Centers for Medicare and Medicaid Services for a waiver or
3		State Plan amendment to implement the requirements of this
4		Section. Beginning in State Fiscal year 2023, and every State
5		fiscal year thereafter, reimbursement rates for those
6		community-based substance use disorder treatment services
7		shall be adjusted upward by an amount equal to the Consumer
8		Price Index-U from the previous year, not to exceed 2% in any
9		State fiscal year. If there is a decrease in the Consumer Price
10		Index-U, rates shall remain unchanged for that State fiscal
11		year. The Department of Human Services shall adopt rules,
12		including emergency rules under Section 5-45.1 of the Illinois
13		Administrative Procedure Act, to implement the provisions of
14		this Section.
15		As used in this Section, "consumer price index-u" means
16		the index published by the Bureau of Labor Statistics of the
17		United States Department of Labor that measures the average
18		change in prices of goods and services purchased by all urban
19		consumers, United States city average, all items, 1982-84 =
20		100.
21		ARTICLE 30.
22		Section 30-5. The Sexual Assault Survivors Emergency
23		Treatment Act is amended by changing Sections 7 and 7-1 as
24		follows:

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1		(410 ILCS 70/7) (from Ch. 111 1/2, par. 87-7)
2		Sec. 7. Reimbursement.
3		(a) A hospital, approved pediatric health care facility,
4		or health care professional furnishing medical forensic
5		services, an ambulance provider furnishing transportation to a
6		sexual assault survivor, a hospital, health care professional,
7		or laboratory providing follow-up healthcare, or a pharmacy
8		dispensing prescribed medications to any sexual assault
9		survivor shall furnish such services or medications to that
10		person without charge and shall seek payment as follows:
11		(1) If a sexual assault survivor is eligible to
12		receive benefits under the medical assistance program
13		under Article V of the Illinois Public Aid Code, the
14		ambulance provider, hospital, approved pediatric health
15		care facility, health care professional, laboratory, or
16		pharmacy must submit the bill to the Department of
17		Healthcare and Family Services or the appropriate Medicaid
18		managed care organization and accept the amount paid as
19		full payment.
20		(2) If a sexual assault survivor is covered by one or
21		more policies of health insurance or is a beneficiary
22		under a public or private health coverage program, the
23		ambulance provider, hospital, approved pediatric health
24		care facility, health care professional, laboratory, or
25		pharmacy shall bill the insurance company or program. With

HB4700 Enrolled - 524 - LRB102 24222 KTG 33451 b
1		respect to such insured patients, applicable deductible,
2		co-pay, co-insurance, denial of claim, or any other
3		out-of-pocket insurance-related expense may be submitted
4		to the Illinois Sexual Assault Emergency Treatment Program
5		of the Department of Healthcare and Family Services in
6		accordance with 89 Ill. Adm. Code 148.510 for payment at
7		the Department of Healthcare and Family Services'
8		allowable rates under the Illinois Public Aid Code. The
9		ambulance provider, hospital, approved pediatric health
10		care facility, health care professional, laboratory, or
11		pharmacy shall accept the amounts paid by the insurance
12		company or health coverage program and the Illinois Sexual
13		Assault Treatment Program as full payment.
14		(3) If a sexual assault survivor is neither eligible
15		to receive benefits under the medical assistance program
16		under Article V of the Illinois Public Aid Code nor
17		covered by a policy of insurance or a public or private
18		health coverage program, the ambulance provider, hospital,
19		approved pediatric health care facility, health care
20		professional, laboratory, or pharmacy shall submit the
21		request for reimbursement to the Illinois Sexual Assault
22		Emergency Treatment Program under the Department of
23		Healthcare and Family Services in accordance with 89 Ill.
24		Adm. Code 148.510 at the Department of Healthcare and
25		Family Services' allowable rates under the Illinois Public
26		Aid Code.

HB4700 Enrolled - 525 - LRB102 24222 KTG 33451 b
1		(4) If a sexual assault survivor presents a sexual
2		assault services voucher for follow-up healthcare, the
3		healthcare professional, pediatric health care facility,
4		or laboratory that provides follow-up healthcare or the
5		pharmacy that dispenses prescribed medications to a sexual
6		assault survivor shall submit the request for
7		reimbursement for follow-up healthcare, pediatric health
8		care facility, laboratory, or pharmacy services to the
9		Illinois Sexual Assault Emergency Treatment Program under
10		the Department of Healthcare and Family Services in
11		accordance with 89 Ill. Adm. Code 148.510 at the
12		Department of Healthcare and Family Services' allowable
13		rates under the Illinois Public Aid Code. Nothing in this
14		subsection (a) precludes hospitals or approved pediatric
15		health care facilities from providing follow-up healthcare
16		and receiving reimbursement under this Section.
17		(b) Nothing in this Section precludes a hospital, health
18		care provider, ambulance provider, laboratory, or pharmacy
19		from billing the sexual assault survivor or any applicable
20		health insurance or coverage for inpatient services.
21		(b-5) Medical forensic services furnished by a person or
22		entity described under subsection (a) to any sexual assault
23		survivor on or after July 1, 2022 that are required under this
24		Act to be reimbursed by the Department of Healthcare and
25		Family Services, the Illinois Sexual Assault Emergency
26		Treatment Program under the Department of Healthcare and

HB4700 Enrolled - 526 - LRB102 24222 KTG 33451 b
1		Family Services, or the appropriate Medicaid managed care
2		organization shall be reimbursed at a rate of at least $1,000.
3		(c) (Blank).
4		(d) (Blank). On and after July 1, 2012, the Department
5		shall reduce any rate of reimbursement for services or other
6		payments or alter any methodologies authorized by this Act or
7		the Illinois Public Aid Code to reduce any rate of
8		reimbursement for services or other payments in accordance
9		with Section 5-5e of the Illinois Public Aid Code.
10		(e) The Department of Healthcare and Family Services shall
11		establish standards, rules, and regulations to implement this
12		Section.
13		(f) This Section is effective on and after January 1,
14		2024.
15		(Source: P.A. 101-634, eff. 6-5-20; 102-22, eff. 6-25-21;
16		102-674, eff. 11-30-21.)
17		(410 ILCS 70/7-1)
18		(Section scheduled to be repealed on December 31, 2023)
19		Sec. 7-1. Reimbursement
20		(a) A hospital, approved pediatric health care facility,
21		approved federally qualified health center, or health care
22		professional furnishing medical forensic services, an
23		ambulance provider furnishing transportation to a sexual
24		assault survivor, a hospital, health care professional, or
25		laboratory providing follow-up healthcare, or a pharmacy

HB4700 Enrolled - 527 - LRB102 24222 KTG 33451 b
1		dispensing prescribed medications to any sexual assault
2		survivor shall furnish such services or medications to that
3		person without charge and shall seek payment as follows:
4		(1) If a sexual assault survivor is eligible to
5		receive benefits under the medical assistance program
6		under Article V of the Illinois Public Aid Code, the
7		ambulance provider, hospital, approved pediatric health
8		care facility, approved federally qualified health center,
9		health care professional, laboratory, or pharmacy must
10		submit the bill to the Department of Healthcare and Family
11		Services or the appropriate Medicaid managed care
12		organization and accept the amount paid as full payment.
13		(2) If a sexual assault survivor is covered by one or
14		more policies of health insurance or is a beneficiary
15		under a public or private health coverage program, the
16		ambulance provider, hospital, approved pediatric health
17		care facility, approved federally qualified health center,
18		health care professional, laboratory, or pharmacy shall
19		bill the insurance company or program. With respect to
20		such insured patients, applicable deductible, co-pay,
21		co-insurance, denial of claim, or any other out-of-pocket
22		insurance-related expense may be submitted to the Illinois
23		Sexual Assault Emergency Treatment Program of the
24		Department of Healthcare and Family Services in accordance
25		with 89 Ill. Adm. Code 148.510 for payment at the
26		Department of Healthcare and Family Services' allowable

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1		rates under the Illinois Public Aid Code. The ambulance
2		provider, hospital, approved pediatric health care
3		facility, approved federally qualified health center,
4		health care professional, laboratory, or pharmacy shall
5		accept the amounts paid by the insurance company or health
6		coverage program and the Illinois Sexual Assault Treatment
7		Program as full payment.
8		(3) If a sexual assault survivor is neither eligible
9		to receive benefits under the medical assistance program
10		under Article V of the Illinois Public Aid Code nor
11		covered by a policy of insurance or a public or private
12		health coverage program, the ambulance provider, hospital,
13		approved pediatric health care facility, approved
14		federally qualified health center, health care
15		professional, laboratory, or pharmacy shall submit the
16		request for reimbursement to the Illinois Sexual Assault
17		Emergency Treatment Program under the Department of
18		Healthcare and Family Services in accordance with 89 Ill.
19		Adm. Code 148.510 at the Department of Healthcare and
20		Family Services' allowable rates under the Illinois Public
21		Aid Code.
22		(4) If a sexual assault survivor presents a sexual
23		assault services voucher for follow-up healthcare, the
24		healthcare professional, pediatric health care facility,
25		federally qualified health center, or laboratory that
26		provides follow-up healthcare or the pharmacy that

HB4700 Enrolled - 529 - LRB102 24222 KTG 33451 b
1		dispenses prescribed medications to a sexual assault
2		survivor shall submit the request for reimbursement for
3		follow-up healthcare, pediatric health care facility,
4		laboratory, or pharmacy services to the Illinois Sexual
5		Assault Emergency Treatment Program under the Department
6		of Healthcare and Family Services in accordance with 89
7		Ill. Adm. Code 148.510 at the Department of Healthcare and
8		Family Services' allowable rates under the Illinois Public
9		Aid Code. Nothing in this subsection (a) precludes
10		hospitals, or approved pediatric health care facilities or
11		approved federally qualified health centers from providing
12		follow-up healthcare and receiving reimbursement under
13		this Section.
14		(b) Nothing in this Section precludes a hospital, health
15		care provider, ambulance provider, laboratory, or pharmacy
16		from billing the sexual assault survivor or any applicable
17		health insurance or coverage for inpatient services.
18		(b-5) Medical forensic services furnished by a person or
19		entity described under subsection (a) to any sexual assault
20		survivor on or after July 1, 2022 that are required under this
21		Act to be reimbursed by the Department of Healthcare and
22		Family Services, the Illinois Sexual Assault Emergency
23		Treatment Program under the Department of Healthcare and
24		Family Services, or the appropriate Medicaid managed care
25		organization shall be reimbursed at a rate of at least $1,000.
26		(c) (Blank).

HB4700 Enrolled - 530 - LRB102 24222 KTG 33451 b
1		(d) (Blank). On and after July 1, 2012, the Department
2		shall reduce any rate of reimbursement for services or other
3		payments or alter any methodologies authorized by this Act or
4		the Illinois Public Aid Code to reduce any rate of
5		reimbursement for services or other payments in accordance
6		with Section 5-5e of the Illinois Public Aid Code.
7		(e) The Department of Healthcare and Family Services shall
8		establish standards, rules, and regulations to implement this
9		Section.
10		(f) This Section is repealed on December 31, 2023.
11		(Source: P.A. 101-634, eff. 6-5-20; 102-22, eff. 6-25-21;
12		102-674, eff. 11-30-21.)
13		ARTICLE 35.
14		Section 35-5. If and only if Senate Bill 3023 of the 102nd
15		General Assembly becomes law, then the Sexual Assault
16		Survivors Emergency Treatment Act is amended by changing
17		Sections 7 and 7-1 as follows:
18		(410 ILCS 70/7) (from Ch. 111 1/2, par. 87-7)
19		Sec. 7. Reimbursement.
20		(a) A hospital, approved pediatric health care facility,
21		or health care professional furnishing medical forensic
22		services, an ambulance provider furnishing transportation to a
23		sexual assault survivor, a hospital, health care professional,

HB4700 Enrolled - 531 - LRB102 24222 KTG 33451 b
1		or laboratory providing follow-up healthcare, or a pharmacy
2		dispensing prescribed medications to any sexual assault
3		survivor shall furnish such services or medications to that
4		person without charge and shall seek payment as follows:
5		(1) If a sexual assault survivor is eligible to
6		receive benefits under the medical assistance program
7		under Article V of the Illinois Public Aid Code, the
8		ambulance provider, hospital, approved pediatric health
9		care facility, health care professional, laboratory, or
10		pharmacy must submit the bill to the Department of
11		Healthcare and Family Services or the appropriate Medicaid
12		managed care organization and accept the amount paid as
13		full payment.
14		(2) If a sexual assault survivor is covered by one or
15		more policies of health insurance or is a beneficiary
16		under a public or private health coverage program, the
17		ambulance provider, hospital, approved pediatric health
18		care facility, health care professional, laboratory, or
19		pharmacy shall bill the insurance company or program. With
20		respect to such insured patients, applicable deductible,
21		co-pay, co-insurance, denial of claim, or any other
22		out-of-pocket insurance-related expense may be submitted
23		to the Illinois Sexual Assault Emergency Treatment Program
24		of the Department of Healthcare and Family Services in
25		accordance with 89 Ill. Adm. Code 148.510 for payment at
26		the Department of Healthcare and Family Services'

HB4700 Enrolled - 532 - LRB102 24222 KTG 33451 b
1		allowable rates under the Illinois Public Aid Code. The
2		ambulance provider, hospital, approved pediatric health
3		care facility, health care professional, laboratory, or
4		pharmacy shall accept the amounts paid by the insurance
5		company or health coverage program and the Illinois Sexual
6		Assault Treatment Program as full payment.
7		(3) If a sexual assault survivor (i) is neither
8		eligible to receive benefits under the medical assistance
9		program under Article V of the Illinois Public Aid Code
10		nor covered by a policy of insurance or a public or private
11		health coverage program or (ii) opts out of billing a
12		private insurance provider, as permitted under subsection
13		(a-5) of Section 7.5, the ambulance provider, hospital,
14		approved pediatric health care facility, health care
15		professional, laboratory, or pharmacy shall submit the
16		request for reimbursement to the Illinois Sexual Assault
17		Emergency Treatment Program under the Department of
18		Healthcare and Family Services in accordance with 89 Ill.
19		Adm. Code 148.510 at the Department of Healthcare and
20		Family Services' allowable rates under the Illinois Public
21		Aid Code.
22		(4) If a sexual assault survivor presents a sexual
23		assault services voucher for follow-up healthcare, the
24		healthcare professional, pediatric health care facility,
25		or laboratory that provides follow-up healthcare or the
26		pharmacy that dispenses prescribed medications to a sexual

HB4700 Enrolled - 533 - LRB102 24222 KTG 33451 b
1		assault survivor shall submit the request for
2		reimbursement for follow-up healthcare, pediatric health
3		care facility, laboratory, or pharmacy services to the
4		Illinois Sexual Assault Emergency Treatment Program under
5		the Department of Healthcare and Family Services in
6		accordance with 89 Ill. Adm. Code 148.510 at the
7		Department of Healthcare and Family Services' allowable
8		rates under the Illinois Public Aid Code. Nothing in this
9		subsection (a) precludes hospitals or approved pediatric
10		health care facilities from providing follow-up healthcare
11		and receiving reimbursement under this Section.
12		(b) Nothing in this Section precludes a hospital, health
13		care provider, ambulance provider, laboratory, or pharmacy
14		from billing the sexual assault survivor or any applicable
15		health insurance or coverage for inpatient services.
16		(c) (Blank).
17		(d) On and after July 1, 2012, the Department shall reduce
18		any rate of reimbursement for services or other payments or
19		alter any methodologies authorized by this Act or the Illinois
20		Public Aid Code to reduce any rate of reimbursement for
21		services or other payments in accordance with Section 5-5e of
22		the Illinois Public Aid Code.
23		(e) The Department of Healthcare and Family Services shall
24		establish standards, rules, and regulations to implement this
25		Section.
26		(f) This Section is effective on and after January 1,

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1		2024.
2		(Source: P.A. 101-634, eff. 6-5-20; 102-22, eff. 6-25-21;
3		102-674, eff. 11-30-21.)
4		(410 ILCS 70/7-1)
5		(Section scheduled to be repealed on December 31, 2023)
6		Sec. 7-1. Reimbursement
7		(a) A hospital, approved pediatric health care facility,
8		approved federally qualified health center, or health care
9		professional furnishing medical forensic services, an
10		ambulance provider furnishing transportation to a sexual
11		assault survivor, a hospital, health care professional, or
12		laboratory providing follow-up healthcare, or a pharmacy
13		dispensing prescribed medications to any sexual assault
14		survivor shall furnish such services or medications to that
15		person without charge and shall seek payment as follows:
16		(1) If a sexual assault survivor is eligible to
17		receive benefits under the medical assistance program
18		under Article V of the Illinois Public Aid Code, the
19		ambulance provider, hospital, approved pediatric health
20		care facility, approved federally qualified health center,
21		health care professional, laboratory, or pharmacy must
22		submit the bill to the Department of Healthcare and Family
23		Services or the appropriate Medicaid managed care
24		organization and accept the amount paid as full payment.
25		(2) If a sexual assault survivor is covered by one or

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1		more policies of health insurance or is a beneficiary
2		under a public or private health coverage program, the
3		ambulance provider, hospital, approved pediatric health
4		care facility, approved federally qualified health center,
5		health care professional, laboratory, or pharmacy shall
6		bill the insurance company or program. With respect to
7		such insured patients, applicable deductible, co-pay,
8		co-insurance, denial of claim, or any other out-of-pocket
9		insurance-related expense may be submitted to the Illinois
10		Sexual Assault Emergency Treatment Program of the
11		Department of Healthcare and Family Services in accordance
12		with 89 Ill. Adm. Code 148.510 for payment at the
13		Department of Healthcare and Family Services' allowable
14		rates under the Illinois Public Aid Code. The ambulance
15		provider, hospital, approved pediatric health care
16		facility, approved federally qualified health center,
17		health care professional, laboratory, or pharmacy shall
18		accept the amounts paid by the insurance company or health
19		coverage program and the Illinois Sexual Assault Treatment
20		Program as full payment.
21		(3) If a sexual assault survivor (i) is neither
22		eligible to receive benefits under the medical assistance
23		program under Article V of the Illinois Public Aid Code
24		nor covered by a policy of insurance or a public or private
25		health coverage program or (ii) opts out of billing a
26		private insurance provider, as permitted under subsection

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1		(a-5) of Section 7.5, the ambulance provider, hospital,
2		approved pediatric health care facility, approved
3		federally qualified health center, health care
4		professional, laboratory, or pharmacy shall submit the
5		request for reimbursement to the Illinois Sexual Assault
6		Emergency Treatment Program under the Department of
7		Healthcare and Family Services in accordance with 89 Ill.
8		Adm. Code 148.510 at the Department of Healthcare and
9		Family Services' allowable rates under the Illinois Public
10		Aid Code.
11		(4) If a sexual assault survivor presents a sexual
12		assault services voucher for follow-up healthcare, the
13		healthcare professional, pediatric health care facility,
14		federally qualified health center, or laboratory that
15		provides follow-up healthcare or the pharmacy that
16		dispenses prescribed medications to a sexual assault
17		survivor shall submit the request for reimbursement for
18		follow-up healthcare, pediatric health care facility,
19		laboratory, or pharmacy services to the Illinois Sexual
20		Assault Emergency Treatment Program under the Department
21		of Healthcare and Family Services in accordance with 89
22		Ill. Adm. Code 148.510 at the Department of Healthcare and
23		Family Services' allowable rates under the Illinois Public
24		Aid Code. Nothing in this subsection (a) precludes
25		hospitals, or approved pediatric health care facilities or
26		approved federally qualified health centers from providing

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1		follow-up healthcare and receiving reimbursement under
2		this Section.
3		(b) Nothing in this Section precludes a hospital, health
4		care provider, ambulance provider, laboratory, or pharmacy
5		from billing the sexual assault survivor or any applicable
6		health insurance or coverage for inpatient services.
7		(c) (Blank).
8		(d) On and after July 1, 2012, the Department shall reduce
9		any rate of reimbursement for services or other payments or
10		alter any methodologies authorized by this Act or the Illinois
11		Public Aid Code to reduce any rate of reimbursement for
12		services or other payments in accordance with Section 5-5e of
13		the Illinois Public Aid Code.
14		(e) The Department of Healthcare and Family Services shall
15		establish standards, rules, and regulations to implement this
16		Section.
17		(f) This Section is repealed on December 31, 2023.
18		(Source: P.A. 101-634, eff. 6-5-20; 102-22, eff. 6-25-21;
19		102-674, eff. 11-30-21.)
20		ARTICLE 40.
21		Section 40-1. Short title. This Article may be cited as
22		the Illinois Creative Recovery Grant Program Act. References
23		in this Article to "this Act" mean this Article.

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1		Section 40-5. Grant program. The Department may receive
2		State funds and, directly or indirectly, federal funds under
3		the authority of legislation passed in response to the
4		Coronavirus epidemic including, but not limited to, the
5		American Rescue Plan Act of 2021, P.L. 117-2 (the "ARPA Act");
6		such funds shall be used in accordance with the ARPA Act
7		legislation and published guidance. Upon receipt or
8		availability of such State or federal funds, and subject to
9		appropriations for their use, the Department shall administer
10		a program to provide financial assistance to qualifying
11		businesses that have experienced interruption of business,
12		incurred debt, or experienced other adverse conditions as a
13		result of the COVID-19 public health emergency. Support may be
14		provided directly by the Department to businesses and
15		organizations or in cooperation with a qualified partner.
16		Financial assistance may include, but is not limited to,
17		grants, expense reimbursements, or subsidies.
18		From appropriations for the program, the Department shall
19		provide financial assistance through grants, expense
20		reimbursements, or subsidies to qualifying businesses or a
21		qualified partner to cover expenses, debt, or losses incurred
22		due to the COVID-19 public health emergency. The program shall
23		reimburse costs, debt, or losses incurred by qualifying
24		businesses due to business interruption or other adverse
25		conditions caused by closures, loss of revenues, or efforts to
26		contain the pandemic.

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1		The Department may establish by rule administrative
2		procedures for the grant program, including any application
3		procedures, grant agreements, certifications, payment
4		methodologies, and other accountability measures that may be
5		imposed upon participants in the program. The emergency
6		rulemaking process may be used to promulgate the initial rules
7		of the grant program.
8		Section 40-10. Definitions. As used in this Act:
9		"COVID-19" means the novel coronavirus disease deemed
10		COVID-19 by the World Health Organization on February 11,
11		2020.
12		"Department" means the Department of Commerce and Economic
13		Opportunity.
14		"Qualifying Business" means a business or organization,
15		either for-profit or non-profit, that is experiencing or has
16		experienced business interruption due to the COVID-19 public
17		health emergency and that is:
18		(1) an independent live venue operator;
19		(2) a performing or presenting arts organization;
20		(3) an arts education organization;
21		(4) a museum; or
22		(5) a cultural heritage organization.
23		"Independent live venue operator" means a business or
24		organization that is not a publicly traded corporation listed
25		on a stock exchange and that is a destination for live

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1		entertainment consumers and that has its artistic programming
2		as a main driver of its attendance, as indicated by meeting the
3		following criteria:
4		(1) the venue clearly enables performers to receive
5		payment for work by percentage of sales (bar or door
6		cover); a guarantee (in writing or standard contract); or
7		another mutually beneficial formal agreement; and
8		(2) The venue has at least 4 of the following
9		characteristics:
10		(A) Defined performance and audience space.
11		(B) Mixing equipment or a public address system.
12		(C) Back line.
13		(D) Engages one or more individuals to carry out
14		at least 2 of the following roles:
15		(i) Sound engineer.
16		(ii) Booker.
17		(iii) Promoter.
18		(iv) Stage manager.
19		(v) Security personnel.
20		(vi) Box office manager.
21		(E) There is a paid ticket or cover charge to
22		attend some performances through ticketing or door
23		entrance fee.
24		(F) Performances are marketed through listings in
25		printed or electronic publications, on websites,
26		visible calendar of events, or on social media.

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1		"Performing or presenting arts organization" means a
2		business or organization that has as its primary mission or
3		integral to its primary mission the performance or
4		presentation of the arts to the public, including the artistic
5		disciplines of dance, film, literary arts, media arts, music,
6		theater, and visual arts.
7		"Arts education organization" means a business or
8		organization that has as its primary mission or integral to
9		its primary mission the provision of arts learning, or has a
10		dedicated portion of its business focused on providing arts
11		education.
12		"Museum" means a business or organization that is an
13		institution in service to the public, dedicated to the
14		procurement, care, study, and display of objects, archival
15		materials, ephemera, or live specimens, of lasting interest or
16		value.
17		"Cultural heritage organization" means a business or
18		organization that is a community cultural and arts center; an
19		ethnic and cultural awareness organization; or a festival
20		focused on promoting and preserving ethnic, cultural, racial,
21		regional, linguistic, or religious traditions.
22		"Qualified partner" means a financial institution or
23		nonprofit organization with which the Department has entered
24		into an agreement or contract to provide or incentivize
25		assistance to qualifying businesses.

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1		Section 40-15. Powers of the Department. The Department
2		has the power to:
3		(1) provide grants, subsidies and expense
4		reimbursements to qualified businesses or, on behalf of
5		qualified businesses, to qualified partners from
6		appropriations to cover qualified businesses eligible
7		costs, debt, or losses incurred due to the COVID-19 public
8		health emergency, including losses caused by business
9		interruption, closure, or other adverse effects of
10		COVID-19;
11		(2) enter into agreements, accept funds, issue grants,
12		and engage in cooperation with agencies of the federal
13		government, units of local government, financial
14		institutions, and nonprofit organizations to carry out the
15		purposes of the program, and to use funds appropriated for
16		the program;
17		(3) prepare forms for application, notification,
18		contract, and other matters, and establish procedures,
19		rules, or regulations deemed necessary and appropriate to
20		carry out the provisions of this Act;
21		(4) provide staff, administration, and related support
22		required to manage the program and pay for the staffing,
23		administration, and related support; and
24		(5) using consistent, data-informed criteria,
25		determine which qualifying businesses are suffering the
26		greatest negative economic impact due to the COVID-19

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1		pandemic, which qualifying businesses are facing the
2		greatest risk of imminent closure due to the COVID-19
3		pandemic, and which qualifying businesses have the least
4		access to business interruption grant programs and similar
5		relief programs.
6		Section 40-20. The Illinois Administrative Procedure Act
7		is amended by adding Section 5-45.27 as follows:
8		(5 ILCS 100/5-45.27 new)
9		Sec. 5-45.27. Emergency rulemaking. To provide for the
10		expeditious and timely implementation of the Illinois Creative
11		Recovery Grant Program Act, emergency rules implementing the
12		Illinois Creative Recovery Grant Program Act may be adopted in
13		accordance with Section 5-45 by the Department of Commerce and
14		Economic Opportunity. The adoption of emergency rules
15		authorized by Section 5-45 and this Section is deemed to be
16		necessary for the public interest, safety, and welfare.
17		This Section is repealed one year after the effective date
18		of this amendatory Act of the 102nd General Assembly.
19		ARTICLE 99.
20		Section 99-99. Effective date. This Act takes effect upon
21		becoming law, except that Article 15 takes effect on July 1,
22		2022, and Article 35 takes effect upon becoming law or on the
23		date Senate Bill 3023 of the 102nd General Assembly takes

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1		effect, whichever is later.