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1 AN ACT concerning 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 Fiscal Year 2026 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 2026.
10 Article 5.
11 Section 5-5. The Department of Central Management Services
12 Law of the Civil Administrative Code of Illinois is amended by
13 adding Section 405-217 and by changing Section 405-293 as
14 follows:
15 (20 ILCS 405/405-217 new)
16 Sec. 405-217. Site readiness work.
17 (a) As used in this Section:
18 "Site readiness work" means services relating to the
19 abatement, remediation, or demolition of any kind of surplus
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1 real property. "Site readiness work" includes, but is not
2 limited to, work to prepare surveys, abstracts of title, or
3 commitments for title insurance; environmental reports;
4 property condition reports; or any other materials the
5 Department may, in its reasonable discretion, deem necessary
6 to demonstrate good and marketable title in and the existing
7 conditions or characteristics of the surplus real property.
8 "Surplus real property" has the meaning given to that term
9 in Section 7.1 of the State Property Control Act.
10 (b) The Department shall have all powers, duties, rights,
11 and responsibilities relating to the procurement of site
12 readiness work for surplus real property. The Department may
13 enter into any agreements and execute any documents necessary
14 or desirable to exercise the authority granted by this Section
15 and may accept assignment of contracts entered into by other
16 State agencies for site readiness work.
17 (c) The Department may adopt rules necessary or desirable
18 to exercise the authority granted by this Section.
19 (20 ILCS 405/405-293)
20 Sec. 405-293. Professional Services.
21 (a) The Department of Central Management Services (the
22 "Department") is responsible for providing professional
23 services for or on behalf of State agencies for all functions
24 transferred to the Department by Executive Order No. 2003-10
25 (as modified by Section 5.5 of the Executive Reorganization
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1 Implementation Act) and may, with the approval of the
2 Governor, provide additional services to or on behalf of State
3 agencies. To the extent not compensated by direct fund
4 transfers, the Department shall be reimbursed from each State
5 agency receiving the benefit of these services. The
6 reimbursement shall be determined by the Director of Central
7 Management Services as the amount required to reimburse the
8 Professional Services Fund for the Department's costs of
9 rendering the professional services on behalf of that State
10 agency. For purposes of this Section, funds due the Department
11 for professional services may be reimbursed made through
12 appropriations to the Department from the General Revenue
13 Fund, as determined by and provided for by the General
14 Assembly.
15 (a-5) The Department of Central Management Services may
16 provide professional services and other services as authorized
17 by subsection (a) for or on behalf of other State entities with
18 the approval of both the Director of Central Management
19 Services and the appropriate official or governing body of the
20 other State entity.
21 (a-10) To the extent not compensated by direct fund
22 transfers, the Executive Ethics Commission, the Chief
23 Procurement Officer appointed under paragraph (4) of
24 subsection (a) of Section 10-20 of the Illinois Procurement
25 Code, and the Commission on Equity and Inclusion shall be
26 reimbursed by each State agency that receives the benefit of
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1 professional services that are provided by the Executive
2 Ethics Commission, the Chief Procurement Officer, or the
3 Commission on Equity and Inclusion and that were previously
4 rendered by the Department. The Department shall coordinate
5 with the Executive Ethics Commission, the Chief Procurement
6 Officer, and the Commission on Equity and Inclusion, as
7 applicable, in determining reimbursement amounts for transfer
8 into the Professional Services Fund as provided in subsection
9 (a).
10 (b) For the purposes of this Section, "State agency" means
11 each State agency, department, board, and commission directly
12 responsible to the Governor. "Professional services" means
13 legal services, internal audit services, and other services as
14 approved by the Governor. "Other State entity" means the
15 Illinois State Board of Education and the Illinois State Toll
16 Highway Authority.
17 (Source: P.A. 103-8, eff. 6-7-23.)
18 Section 5-10. The Department of Commerce and Economic
19 Opportunity Law of the Civil Administrative Code of Illinois
20 is amended by changing Sections 605-515 and 605-1055 as
21 follows:
22 (20 ILCS 605/605-515) (was 20 ILCS 605/46.13a)
23 Sec. 605-515. Environmental Regulatory Assistance Program.
24 (a) In this Section, except where the context clearly
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1 requires otherwise, "small business stationary source" means a
2 business that is owned or operated by a person that employs 100
3 or fewer individuals; is a small business; is not a major
4 stationary source as defined in Titles I and III of the federal
5 1990 Clean Air Act Amendments; does not emit 50 tons or more
6 per year of any regulated pollutant (as defined under the
7 federal Clean Air Act); and emits less than 75 tons per year of
8 all regulated pollutants.
9 (b) The Department may:
10 (1) Provide access to technical and compliance
11 information for Illinois firms, including small and middle
12 market companies, to facilitate local business compliance
13 with the federal, State, and local environmental
14 regulations.
15 (2) Coordinate and enter into cooperative agreements
16 with a State ombudsman office, which shall be established
17 in accordance with the federal 1990 Clean Air Act
18 Amendments to provide direct oversight to the program
19 established under that Act.
20 (3) Enter into contracts, cooperative agreements, and
21 financing agreements and establish and collect charges and
22 fees necessary or incidental to the performance of duties
23 and the execution of powers under this Section.
24 (4) Accept and expend, subject to appropriation,
25 gifts, grants, awards, funds, contributions, charges,
26 fees, and other financial or nonfinancial aid from
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1 federal, State, and local governmental agencies,
2 businesses, educational agencies, not-for-profit
3 organizations, and other entities, for the purposes of
4 this Section.
5 (5) Establish, staff, and administer programs and
6 services and adopt such rules and regulations necessary to
7 carry out the intent of this Section and Section 507,
8 "Small Business Stationary Source Technical and
9 Environmental Compliance Assistance Program", of the
10 federal 1990 Clean Air Act Amendments.
11 (c) The Department's environmental compliance programs and
12 services for businesses may include, but need not be limited
13 to, the following:
14 (1) Communication and outreach services to or on
15 behalf of individual companies, including collection and
16 compilation of appropriate information on regulatory
17 compliance issues and control technologies, and
18 dissemination of that information through publications,
19 direct mailings, electronic communications, conferences,
20 workshops, one-on-one counseling, and other means of
21 technical assistance.
22 (2) Provision of referrals and access to technical
23 assistance, pollution prevention and facility audits, and
24 otherwise serving as an information clearinghouse on
25 pollution prevention through the coordination of the
26 Illinois Sustainable Technology Center of the University
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1 of Illinois. In addition, environmental and regulatory
2 compliance issues and techniques, which may include
3 business rights and responsibilities, applicable
4 permitting and compliance requirements, compliance methods
5 and acceptable control technologies, release detection,
6 and other applicable information may be provided.
7 (3) Coordination with and provision of administrative
8 and logistical support to the State Compliance Advisory
9 Panel.
10 (d) There is hereby created a special fund in the State
11 Treasury to be known as the Small Business Environmental
12 Assistance Fund. Monies received under subdivision (b)(4) of
13 this Section shall be deposited into the Fund.
14 Monies in the Small Business Environmental Assistance Fund
15 may be used, subject to appropriation, only for the purposes
16 authorized by this Section. On July 1, 2025, or as soon
17 thereafter as practical, the State Comptroller shall direct
18 and the State Treasurer shall transfer the remaining balance
19 from the Small Business Environmental Assistance Fund into the
20 Clean Air Act Permit Fund. Upon completion of the transfer,
21 the Small Business Environmental Assistance Fund is dissolved,
22 and any future deposits due to that Fund and any outstanding
23 obligations or liabilities of that Fund shall pass to the
24 Clean Air Act Permit Fund.
25 (e) Subject to appropriation, the Department may use
26 moneys from the Clean Air Act Permit Fund for the purposes
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1 authorized by this Section.
2 (Source: P.A. 103-588, eff. 6-5-24.)
3 (20 ILCS 605/605-1055)
4 Sec. 605-1055. Illinois SBIR/STTR Matching Funds Program.
5 (a) There is established the Illinois Small Business
6 Innovation Research (SBIR) and Small Business Technology
7 Transfer (STTR) Matching Funds Program to be administered by
8 the Department. In order to foster job creation and economic
9 development in the State, the Department may make grants to
10 eligible businesses to match funds received by the business as
11 an SBIR or STTR Phase I award and to encourage businesses to
12 apply for Phase II awards.
13 (b) In order to be eligible for a grant under this Section,
14 a business must satisfy all of the following conditions:
15 (1) The business must be a for-profit, Illinois-based
16 business. For the purposes of this Section, an
17 Illinois-based business is one that has its principal
18 place of business in this State;
19 (2) The business must have received an SBIR/STTR Phase
20 I award from a participating federal agency in response to
21 a specific federal solicitation. To receive the full
22 match, the business must also have submitted a final Phase
23 I report, demonstrated that the sponsoring agency has
24 interest in the Phase II proposal, and submitted a Phase
25 II proposal to the agency.
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1 (3) The business must satisfy all federal SBIR/STTR
2 requirements.
3 (4) The business shall not receive concurrent funding
4 support from other sources that duplicates the purpose of
5 this Section.
6 (5) The business must certify that at least 51% of the
7 research described in the federal SBIR/STTR Phase II
8 proposal will be conducted in this State and that the
9 business will remain an Illinois-based business for the
10 duration of the SBIR/STTR Phase II project.
11 (6) The business must demonstrate its ability to
12 conduct research in its SBIR/STTR Phase II proposal.
13 (c) The Department may award grants to match the funds
14 received by a business through an SBIR/STTR Phase I proposal
15 up to a maximum of $75,000 $50,000. Seventy-five percent of
16 the total grant shall be remitted to the business upon receipt
17 of the SBIR/STTR Phase I award and application for funds under
18 this Section. Twenty-five percent of the total grant shall be
19 remitted to the business upon submission by the business of
20 the Phase II application to the funding agency and acceptance
21 of the Phase I report by the funding agency. A business may
22 receive only one grant under this subsection Section per year.
23 A business may receive only one grant under this subsection
24 Section with respect to each federal proposal submission. Over
25 its lifetime, a business may receive a maximum of 5 awards
26 under this subsection Section.
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1 (c-5) The Department may, subject to appropriation, award
2 grants to match the funds received by a business through an
3 SBIR/STTR Phase II proposal up to a maximum of $250,000. Fifty
4 percent of the total grant shall be remitted to the business
5 upon receipt of the SBIR/STTR Phase II award and application
6 for funds under this Section. Fifty percent of the total grant
7 shall be remitted to the business upon submission by the
8 business of the Phase II final report to the federal funding
9 agency. A business may receive only one grant under this
10 subsection per year. A business may receive only one grant
11 under this subsection with respect to each federal proposal
12 submission. Over its lifetime, a business may receive a
13 maximum of 2 awards under this subsection.
14 (d) A business shall apply, under oath, to the Department
15 for a grant under this Section on a form prescribed by the
16 Department that includes at least all of the following:
17 (1) the name of the business, the form of business
18 organization under which it is operated, and the names and
19 addresses of the principals or management of the business;
20 (2) an acknowledgment of receipt of the Phase I report
21 and Phase II proposal by the relevant federal agency; and
22 (3) any other information necessary for the Department
23 to evaluate the application.
24 (Source: P.A. 101-657, eff. 3-23-21; 102-813, eff. 5-13-22.)
25 Section 5-12. The Department of Natural Resources
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1 (Conservation) Law of the Civil Administrative Code of
2 Illinois is amended by changing Section 805-305 as follows:
3 (20 ILCS 805/805-305) (was 20 ILCS 805/63a23)
4 Sec. 805-305. Campsites and housing facilities.
5 (a) The Department has the power to provide facilities for
6 overnight tent and trailer campsites and to provide suitable
7 housing facilities for student and juvenile overnight camping
8 groups. The Department of Natural Resources may regulate, by
9 administrative order, the fees to be charged for tent and
10 trailer camping units at individual park areas based upon the
11 facilities available.
12 (b) However, for campsites with access to showers or
13 electricity, any Illinois resident who is age 62 or older or
14 has a Class 2 disability as defined in Section 4A of the
15 Illinois Identification Card Act shall be charged only
16 one-half of the camping fee charged to the general public
17 during the period Monday through Thursday of any week and
18 shall be charged the same camping fee as the general public on
19 all other days. For campsites without access to showers or
20 electricity, no camping fee authorized by this Section shall
21 be charged to any resident of Illinois who has a Class 2
22 disability as defined in Section 4A of the Illinois
23 Identification Card Act. For campsites without access to
24 showers or electricity, no camping fee authorized by this
25 Section shall be charged to any resident of Illinois who is age
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1 62 or older for the use of a campsite unit during the period
2 Monday through Thursday of any week. No camping fee authorized
3 by this Section shall be charged to any resident of Illinois
4 who is a veteran with a disability or a former prisoner of war,
5 as defined in Section 5 of the Department of Veterans' Affairs
6 Act. No camping fee authorized by this Section shall be
7 charged to any resident of Illinois after returning from
8 service abroad or mobilization by the President of the United
9 States as an active duty member of the United States Armed
10 Forces, the Illinois National Guard, or the Reserves of the
11 United States Armed Forces for the amount of time that the
12 active duty member spent in service abroad or mobilized if the
13 person applies for a pass with the Department within 2 years
14 after returning and provides acceptable verification of
15 service or mobilization to the Department. Any portion of a
16 year that the active duty member spent in service abroad or
17 mobilized shall count as a full year. The procedure by which a
18 person may provide to the Department verification of service
19 abroad or mobilization by the President of the United States
20 shall be set by administrative rule. Nonresidents shall be
21 charged the same fees as are authorized for the general public
22 regardless of age. The Department shall provide by regulation
23 for suitable proof of age, or either a valid driver's license
24 or a "Golden Age Passport" issued by the federal government
25 shall be acceptable as proof of age. The Department shall
26 further provide by regulation that notice of these reduced
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1 admission fees be posted in a conspicuous place and manner.
2 Reduced fees authorized in this Section shall not apply to
3 any charge for utility service.
4 For the purposes of this Section, "acceptable verification
5 of service or mobilization" means official documentation from
6 the Department of Defense or the appropriate Major Command
7 showing mobilization dates or service abroad dates, including:
8 (i) a DD-214, (ii) a letter from the Illinois Department of
9 Military Affairs for members of the Illinois National Guard,
10 (iii) a letter from the Regional Reserve Command for members
11 of the Armed Forces Reserve, (iv) a letter from the Major
12 Command covering Illinois for active duty members, (v)
13 personnel records for mobilized State employees, and (vi) any
14 other documentation that the Department, by administrative
15 rule, deems acceptable to establish dates of mobilization or
16 service abroad.
17 For the purposes of this Section, the term "service
18 abroad" means active duty service outside of the 50 United
19 States and the District of Columbia, and includes all active
20 duty service in territories and possessions of the United
21 States.
22 (c) To promote State campground use and Illinois State
23 Fair attendance, the Department shall have the authority to
24 offer a coupon that allows for the waiver of one night of waive
25 the camping fees with the purchase of at least one additional
26 night of camping at any site that is owned, leased, or managed
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1 by the Department and that has camping facilities. The camping
2 coupon shall be valid only for up to 2 nights of camping at Jim
3 Edgar Panther Creek State Fish and Wildlife Area, Sangchris
4 Lake State Park, or Lincoln's New Salem State Historic Site
5 during the period from August 1, 2025 through December 31,
6 2025 11, 2024 to August 15, 2024 for a camper who:
7 (1) is 18 years of age or older; and
8 (2) complies with the written requirements that are
9 published by the Department, located on the coupon, and
10 set forth in this subsection (c). provides proof of having
11 purchased, between June 26, 2024 and July 3, 2024, a
12 season admission ticket booklet from the Department of
13 Agriculture for entry into the 2024 Illinois State Fair in
14 Springfield; and
15 (3) requests the camping fee waiver in person at the
16 time of permit issuance at the State campground.
17 The coupons issued pursuant to waivers under this
18 subsection (c) shall be available granted on a first-come,
19 first-served basis as advertised by the Department or for
20 those visiting Conservation World at the Illinois State Fair
21 or the Department's booth at the DuQuoin State Fair and only
22 while supplies last for each day of the Illinois State Fair and
23 the DuQuoin State Fair. The Department shall publicly announce
24 on its website the number of coupons that will be available
25 each day of the Illinois State Fair and the DuQuoin State Fair
26 for a maximum of 40 sites at each of the 3 identified State
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1 campgrounds. Fees for utility service are not subject to
2 waiver by the coupon. Coupons that are redeemed pursuant to
3 Waivers under this subsection (c) are limited to a total of one
4 night of free camping with the purchase of at least one
5 additional night of camping. The free night of camping shall
6 be applied to the final night of camping for a camping trip
7 lasting at least 2 nights in length or longer one per camper.
8 (Source: P.A. 102-780, eff. 5-13-22; 103-588, eff. 6-5-24.)
9 Section 5-15. The Department of Human Services Act is
10 amended by changing Section 80-45 as follows:
11 (20 ILCS 1305/80-45)
12 Sec. 80-45. Funding agent and administration.
13 (a) The Department shall act as funding agent under the
14 terms of the Illinois Affordable Housing Act and shall
15 administer other appropriations for the use of the Illinois
16 Housing Development Authority.
17 (b) The Department may enter into contracts,
18 intergovernmental agreements, grants, cooperative agreements,
19 memoranda of understanding, or other instruments with any
20 federal, State, or local government agency as necessary to
21 fulfill its role as funding agent in compliance with State and
22 federal law. The Department and the Department of Revenue
23 shall coordinate, in consultation with the Illinois Housing
24 Development Authority, the transition of the funding agent
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1 role, including the transfer of any and all books, records, or
2 documents, in whatever form stored, necessary to the
3 Department's execution of the duties of the funding agent, and
4 the Department may submit to the Governor's Office of
5 Management and Budget requests for exception pursuant to
6 Section 55 of the Grant Accountability and Transparency Act.
7 Notwithstanding Section 5 of the Illinois Grant Funds Recovery
8 Act, for State fiscal years 2023 and 2024 only, in order to
9 accomplish the transition of the funding agent role to the
10 Department, grant funds may be made available for expenditure
11 by a grantee for a period of 3 years from the date the funds
12 were distributed by the State.
13 (c) Notwithstanding Section 5 of the Illinois Grant Funds
14 Recovery Act, the Department of Human Services shall make
15 grant funds available for expenditure by the Illinois Housing
16 Development Authority beginning on the date the funds are
17 distributed by the State. The Illinois Housing Development
18 Authority is not required to expend or return grant funds
19 within the time period specified under Section 5 of the
20 Illinois Grant Funds Recovery Act.
21 (Source: P.A. 103-8, eff. 7-1-23; 103-605, eff. 7-1-24.)
22 Section 5-20. The Military Code of Illinois is amended by
23 adding Section 22-3.5 as follows:
24 (20 ILCS 1805/22-3.5 new)
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1 Sec. 22-3.5. Capital improvements; facilities. Subject to
2 appropriation, the Department may acquire real property for
3 training or building sites, construct new facilities,
4 rehabilitate existing facilities, maintain existing
5 facilities, and make other capital improvements at Department
6 facilities or property.
7 Section 5-22. The Abraham Lincoln Presidential Library and
8 Museum Act is amended by changing Sections 10, 30, and 40 as
9 follows:
10 (20 ILCS 3475/10)
11 Sec. 10. Abraham Lincoln Presidential Library and Museum;
12 establishment.
13 (a) The Abraham Lincoln Presidential Library and Museum,
14 formerly a constituent unit of the Illinois Historic
15 Preservation Agency, is created as an independent State agency
16 within the Executive Branch of State government.
17 (b) The Agency shall have control and custody of the
18 Abraham Lincoln Presidential Library and Museum complex,
19 including the Abraham Lincoln Presidential Library and Museum,
20 the Abraham Lincoln Presidential Library and Museum's parking
21 garage, Union Station, and Union Park, in Springfield.
22 (c) The Agency shall be under the supervision and
23 direction of the Executive Director of the Abraham Lincoln
24 Presidential Library and Museum appointed under Section 30
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1 shall be the chief executive officer and head of the Agency.
2 (d) The Chief State Historical Officer appointed under
3 Section 40 shall serve as an advisor to the Executive Director
4 in preserving, interpreting, and promoting recognition of the
5 life, impact, and legacy of President Abraham Lincoln.
6 (Source: P.A. 100-120, eff. 8-18-17.)
7 (20 ILCS 3475/30)
8 Sec. 30. Administration of the Agency. The Executive
9 Director shall be the chief executive officer and head of the
10 Agency shall be under the supervision and direction of an
11 Executive Director. The person serving on the effective date
12 of this Act as Library Director, as defined in Section 33 of
13 the Historic Preservation Act, shall become the inaugural
14 Executive Director on the effective date of this Act and shall
15 serve as Executive Director until the expiration of his
16 then-current term as Library Director. Thereafter, the Board,
17 based upon the recommendation of the Governor, shall appoint
18 the Executive Director with the advice and consent of the
19 Senate. The Executive Director shall serve at the pleasure of
20 the Board for a term commencing on the date of appointment
21 until January 18, 2027, and until a successor has been
22 appointed and qualified. Thereafter, the Executive Director's
23 term shall be as provided in Section 5-610 of the Departments
24 of State Government Law of the Civil Administrative Code of
25 Illinois of 4 years. The Board may remove the Executive
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1 Director for incompetence, neglect of duty, or malfeasance.
2 The Executive Director shall, subject to applicable provisions
3 of law and consistent with the policies and advice of the
4 Board, execute and discharge the powers and duties of the
5 Agency. The Executive Director may make provision to establish
6 and collect admission and registration fees, operate a gift
7 shop, and publish and sell educational and informational
8 materials.
9 (Source: P.A. 102-985, eff. 1-1-23.)
10 (20 ILCS 3475/40)
11 Sec. 40. Chief State Historical Officer Illinois State
12 Historian; appointment.
13 (a) The Board Governor, in consultation with the Governor
14 Board and the Illinois Historical Society, shall determine the
15 qualifications of and appoint a Chief State Historical
16 Officer, who shall report to and advise the Executive
17 Director. the Illinois State Historian.
18 (b) The Chief State Historical Officer shall serve as the
19 chief advocate for and spokesperson on the importance and
20 value of Illinois history and shall advise the Executive
21 Director in preserving, interpreting, and promoting
22 recognition of the life, impact, and legacy of President
23 Abraham Lincoln. The responsibilities of the Chief State
24 Historical Officer shall include research, curation, and
25 presentation on historical materials, artifacts, and
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1 narratives, ensuring that Lincoln's historical significance in
2 the State and the nation is accurately documented and
3 communicated to the public. The Chief State Historical Officer
4 shall collaborate with other State agencies, educational
5 institutions, museums, and historical societies to promote
6 historical awareness of and education on Lincoln's influence
7 on the State and the nation. The Illinois State Historian
8 shall be appointed based on the recommendation from the
9 Abraham Lincoln Presidential Library and Museum Board of
10 Trustees who shall consult the Illinois State Historical
11 Society. The Board in consultation with the Illinois State
12 Historical Society shall develop qualifications for the
13 Illinois State Historian to be approved by the Board no later
14 than 120 days after the enactment of this amendatory Act of the
15 102nd General Assembly.
16 (c) Qualifications for the Chief State Historical Officer
17 Illinois State Historian must include expertise in the history
18 of at least one underrepresented minority group in this State,
19 including, but not limited to: African-American history;
20 Native American history; Latinx history; Asian-American
21 history; and LGBTQIA history.
22 (d) An individual designated as the Chief State Historical
23 Officer shall retain Illinois State Historian retains the
24 designation for 2 years from the date of appointment and the
25 term is renewable only by the Board's Governor's appointment
26 in consultation with the Governor and the Illinois State
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1 Historical Society for one additional consecutive 2-year term.
2 (Source: P.A. 102-985, eff. 1-1-23.)
3 Section 5-25. The Illinois Vehicle Hijacking and Motor
4 Vehicle Theft Prevention and Insurance Verification Act is
5 amended by changing Section 8.6 as follows:
6 (20 ILCS 4005/8.6)
7 Sec. 8.6. Private passenger motor vehicle insurance.
8 Before April 1 of each year, each insurer engaged in writing
9 private passenger motor vehicle insurance coverage that is
10 included in Class 2 and Class 3 of Section 4 of the Illinois
11 Insurance Code, as a condition of its authority to transact
12 business in this State, may collect and shall pay to the
13 Department of Insurance an amount equal to $4, or a lesser
14 amount determined by the Illinois Law Enforcement Training
15 Standards Board by rule, multiplied by the insurer's total
16 earned car years of private passenger motor vehicle insurance
17 policies providing physical damage insurance coverage written
18 in this State during the preceding calendar year. Through June
19 30, 2025, of Of the amounts collected under this Section, the
20 Department of Insurance shall deposit 10% into the State
21 Police Law Enforcement Administration Fund and 90% into the
22 Law Enforcement Training Fund. Beginning July 1, 2025, of the
23 amounts collected under this Section, the Department of
24 Insurance shall deposit 10% into the State Police Law
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1 Enforcement Administration Fund, 10% into the State Police
2 Vehicle Fund, and 80% into the Law Enforcement Training Fund.
3 (Source: P.A. 102-16, eff. 6-17-21; 102-775, eff. 5-13-22;
4 102-1071, eff. 6-10-22; 103-154, eff. 6-30-23; 103-609, eff.
5 7-1-24.)
6 Section 5-30. The State Finance Act is amended by changing
7 Sections 5.346, 5.857, 6z-27, 6z-32, 6z-51, 6z-63, 6z-70,
8 6z-100, 6z-126, 8.3, 8.12, 8g, 8g-1, and 13.2 and by adding
9 Sections 5.1031, 6z-144, 6z-145, 6z-146, 6z-147, and 6z-148 as
10 follows:
11 (30 ILCS 105/5.346)
12 Sec. 5.346. The Small Business Environmental Assistance
13 Fund. This Section is repealed on January 1, 2026.
14 (Source: P.A. 87-1177; 88-45.)
15 (30 ILCS 105/5.857)
16 (Section scheduled to be repealed on July 1, 2025)
17 Sec. 5.857. The Capital Development Board Revolving Fund.
18 This Section is repealed July 1, 2025.
19 (Source: P.A. 102-16, eff. 6-17-21; 102-699, eff. 4-19-22;
20 103-8, eff. 6-7-23.)
21 (30 ILCS 105/5.1031 new)
22 Sec. 5.1031. The Tier 2 SSWB Reserve Fund.
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1 (30 ILCS 105/6z-27)
2 Sec. 6z-27. All moneys in the Audit Expense Fund shall be
3 transferred, appropriated and used only for the purposes
4 authorized by, and subject to the limitations and conditions
5 prescribed by, the Illinois State Auditing Act.
6 Within 30 days after July 1, 2025 2024, or as soon
7 thereafter as practical, the State Comptroller shall order
8 transferred and the State Treasurer shall transfer from the
9 following funds moneys in the specified amounts for deposit
10 into the Audit Expense Fund:
11 Academic Quality Assurance Fund .......................... $940
12 African-American HIV/AIDS Response Fund ................ $4,266
13 Agricultural Premium Fund ............................ $169,467
14 Alzheimer's Awareness Fund ............................ $1,068
15 Alzheimer's Disease Research,
16 Care, and Support Fund .............................. $502
17 Amusement Ride and Patron Safety Fund .................. $6,888
18 Assisted Living and Shared
19 Housing Regulatory Fund ............................ $4,011
20 Board of Higher Education State
21 Contracts and Grants Fund ........................ $13,416
22 Capital Development Board Revolving Fund ............ $10,711
23 Care Provider Fund for Persons with
24 a Developmental Disability ........................ $9,771
25 CDLIS/AAMVA/NMVTIS Trust Fund .......................... $3,433
HB1075 Enrolled - 24 - LRB104 03072 BDA 13090 b
1 Chicago State University Education
2 Improvement Fund ................................ $15,774
3 Child Labor and Day and Temporary
4 Labor Services Enforcement Fund .................. $15,414
5 Child Support Administrative Fund ...................... $3,739
6 Coal Technology Development
7 Assistance Fund .................................... $3,019
8 Common School Fund .................................. $246,578
9 Community Mental Health
10 Medicaid Trust Fund .............................. $10,597
11 Consumer Intervenor Compensation Fund .................. $1,700
12 Death Certificate Surcharge Fund ...................... $1,550
13 Death Penalty Abolition Fund .......................... $2,688
14 Department of Business Services
15 Special Operations Fund .......................... $10,406
16 Department of Human Services
17 Community Services Fund .......................... $15,086
18 Dram Shop Fund ...................................... $212,500
19 Driver Services Administration Fund ...................... $937
20 Drug Rebate Fund .................................... $54,214
21 Drug Treatment Fund .................................... $1,236
22 Education Assistance Fund .......................... $2,193,017
23 Emergency Planning and Training Fund .................... $528
24 Emergency Public Health Fund .......................... $8,769
25 Employee Classification Fund ............................ $967
26 EMS Assistance Fund .................................... $1,150
HB1075 Enrolled - 25 - LRB104 03072 BDA 13090 b
1 Estate Tax Refund Fund ................................ $1,628
2 Facilities Management Revolving Fund ................ $35,073
3 Facility Licensing Fund ................................ $6,082
4 Fair and Exposition Fund .............................. $6,903
5 Federal Financing Cost
6 Reimbursement Fund ................................ $7,100
7 Feed Control Fund .................................... $13,874
8 Fertilizer Control Fund ................................ $9,357
9 Fire Prevention Fund .................................. $4,282
10 General Assembly Technology Fund ...................... $2,830
11 General Professions Dedicated Fund .................... $4,131
12 Governor's Administrative Fund ........................ $5,956
13 Governor's Grant Fund .................................. $3,164
14 Grant Accountability and Transparency Fund ............ $1,041
15 Guardianship and Advocacy Fund ...................... $16,432
16 Health Facility Plan Review Fund ...................... $2,286
17 Health and Human Services
18 Medicaid Trust Fund .............................. $10,902
19 Healthcare Provider Relief Fund ...................... $321,428
20 Home Care Services Agency Licensure Fund .............. $2,843
21 Hospital Licensure Fund ................................ $1,251
22 Hospital Provider Fund .............................. $99,530
23 Illinois Affordable Housing Trust Fund .............. $19,809
24 Illinois Community College Board
25 Contracts and Grants Fund ........................ $14,687
26 Illinois Health Facilities Planning Fund .............. $3,155
HB1075 Enrolled - 26 - LRB104 03072 BDA 13090 b
1 Illinois Independent Tax Tribunal Fund .............. $11,636
2 IMSA Income Fund ...................................... $6,805
3 Illinois School Asbestos Abatement Fund ................ $1,141
4 Illinois State Fair Fund ............................ $69,621
5 Illinois Telecommunications Access
6 Corporation Fund .................................. $1,546
7 Illinois Underground Utility
8 Facilities Damage Prevention Fund ................ $12,035
9 Illinois Veterans' Rehabilitation Fund ................ $1,103
10 Illinois Workers' Compensation
11 Commission Operations Fund ...................... $241,658
12 Industrial Hemp Regulatory Fund ........................ $1,407
13 Interpreters for the Deaf Fund ........................ $8,657
14 Lead Poisoning Screening, Prevention,
15 and Abatement Fund .............................. $19,789
16 Lobbyist Registration Administration Fund ................ $843
17 Long Term Care Monitor/Receiver Fund ................ $42,485
18 Long-Term Care Provider Fund ........................ $20,620
19 Low-Level Radioactive Waste Facility
20 Development and Operation Fund .................... $2,402
21 Mandatory Arbitration Fund ............................ $2,635
22 Mental Health Fund .................................... $5,353
23 Mental Health Reporting Fund .......................... $1,226
24 Metabolic Screening and Treatment Fund .............. $46,885
25 Monitoring Device Driving Permit
26 Administration Fee Fund ............................ $1,475
HB1075 Enrolled - 27 - LRB104 03072 BDA 13090 b
1 Motor Fuel Tax Fund .................................... $1,068
2 Motor Vehicle License Plate Fund .................... $13,927
3 Multiple Sclerosis Research Fund ........................ $961
4 Nuclear Safety Emergency Preparedness Fund .......... $87,774
5 Nursing Dedicated and Professional Fund .................. $595
6 Partners For Conservation Fund ...................... $117,108
7 Personal Property Tax Replacement Fund .............. $218,128
8 Pesticide Control Fund .............................. $42,146
9 Plumbing Licensure and Program Fund .................... $3,672
10 Private Business and Vocational Schools
11 Quality Assurance Fund .............................. $867
12 Professional Services Fund .......................... $90,610
13 Public Defender Fund .................................. $6,198
14 Public Health Laboratory
15 Services Revolving Fund ............................ $1,098
16 Public Utility Fund .................................. $282,488
17 Radiation Protection Fund ............................ $37,946
18 Rebuild Illinois Projects Fund ...................... $58,858
19 Rental Housing Support Program Fund .................... $4,083
20 Road Fund ............................................ $55,409
21 Secretary Of State DUI Administration Fund ............ $2,767
22 Secretary Of State Identification Security
23 and Theft Prevention Fund ........................ $16,793
24 Secretary Of State Special License Plate Fund .......... $3,473
25 Secretary Of State Special Services Fund ............ $26,832
26 Securities Audit and Enforcement Fund .................. $4,889
HB1075 Enrolled - 28 - LRB104 03072 BDA 13090 b
1 Serve Illinois Commission Fund ........................ $1,803
2 Special Education Medicaid Matching Fund .............. $4,329
3 State Gaming Fund ...................................... $1,997
4 State Garage Revolving Fund ............................ $7,501
5 State Lottery Fund .................................. $311,489
6 State Pensions Fund .................................. $500,000
7 State Treasurer's Bank Services Trust Fund .............. $752
8 Supreme Court Special Purposes Fund .................... $4,184
9 Tattoo and Body Piercing Establishment
10 Registration Fund.................................. $1,166
11 Tobacco Settlement Recovery Fund .................... $143,143
12 Tourism Promotion Fund .............................. $79,695
13 Transportation Regulatory Fund ...................... $108,481
14 Trauma Center Fund .................................... $1,872
15 University Of Illinois Hospital Services Fund .......... $5,476
16 Vehicle Hijacking and Motor Vehicle Theft Prevention and
17 Insurance Verification Trust Fund .................. $9,331
18 Vehicle Inspection Fund ................................ $2,786
19 Weights and Measures Fund ............................ $24,640
20 Attorney General Court Ordered and Voluntary
21 Compliance Payment Projects Fund ................ $22,470
22 Aggregate Operations Regulatory Fund .................... $605
23 Agricultural Premium Fund ............................ $21,002
24 Attorney General's State Projects and
25 Court Ordered Distribution Fund .................. $36,873
26 Anna Veterans Home Fund ................................ $1,205
HB1075 Enrolled - 29 - LRB104 03072 BDA 13090 b
1 Appraisal Administration Fund .......................... $2,670
2 Attorney General Whistleblower Reward
3 and Protection Fund .................................. $938
4 Bank and Trust Company Fund .......................... $82,945
5 Brownfields Redevelopment Fund ........................ $1,893
6 Cannabis Business Development Fund .................. $15,750
7 Cannabis Expungement Fund .............................. $2,511
8 Capital Development Board Revolving Fund .............. $4,668
9 Care Provider Fund for Persons with
10 a Developmental Disability ........................ $6,794
11 CDLIS/AAMVAnet/NMVTIS Trust Fund ...................... $1,679
12 Cemetery Oversight Licensing and Disciplinary Fund .... $6,187
13 Chicago State University Education Improvement Fund .. $16,893
14 Chicago Travel Industry Promotion Fund ................ $9,146
15 Child Support Administrative Fund ...................... $2,669
16 Clean Air Act Permit Fund ............................ $11,283
17 Coal Technology Development Assistance Fund .......... $22,087
18 Community Association Manager
19 Licensing and Disciplinary Fund .................... $1,178
20 Commitment to Human Services Fund .................... $259,050
21 Common School Fund .................................. $385,362
22 Community Mental Health Medicaid Trust Fund ............ $6,972
23 Community Water Supply Laboratory Fund .................. $835
24 Credit Union Fund .................................... $21,944
25 Cycle Rider Safety Training Fund ........................ $704
26 DCFS Children's Services Fund ........................ $164,036
HB1075 Enrolled - 30 - LRB104 03072 BDA 13090 b
1 Department of Business Services Special Operations Fund $4,564
2 Department of Corrections Reimbursement
3 and Education Fund .............................. $23,892
4 Design Professionals Administration
5 and Investigation Fund ............................ $3,892
6 Department of Human Services Community Services Fund .. $6,314
7 Downstate Public Transportation Fund ................ $40,428
8 Drivers Education Fund .................................. $904
9 Drug Rebate Fund .................................... $40,707
10 Drug Treatment Fund ...................................... $810
11 Drycleaner Environmental Response Trust Fund .......... $1,555
12 Education Assistance Fund .......................... $2,347,928
13 Electric Vehicle Rebate Fund ........................ $24,101
14 Energy Efficiency Trust Fund ............................ $955
15 Energy Transition Assistance Fund ...................... $1,193
16 Environmental Protection Permit and Inspection Fund .. $17,475
17 Facilities Management Revolving Fund ................ $21,298
18 Fair and Exposition Fund ................................ $782
19 Federal Asset Forfeiture Fund .......................... $1,195
20 Federal High Speed Rail Trust Fund ...................... $910
21 Federal Workforce Training Fund ...................... $113,609
22 Feed Control Fund ...................................... $1,263
23 Fertilizer Control Fund .................................. $778
24 Fire Prevention Fund .................................. $4,470
25 Freedom Schools Fund .................................... $636
26 Fund for the Advancement of Education ................ $61,767
HB1075 Enrolled - 31 - LRB104 03072 BDA 13090 b
1 General Professions Dedicated Fund .................. $36,108
2 General Revenue Fund ............................ $17,653,153
3 Grade Crossing Protection Fund ........................ $7,759
4 Hazardous Waste Fund .................................. $9,036
5 Health and Human Services Medicaid Trust Fund ............ $793
6 Healthcare Provider Relief Fund ...................... $209,863
7 Historic Property Administrative Fund .................... $791
8 Horse Racing Fund .................................... $233,685
9 Hospital Provider Fund .............................. $66,984
10 Illinois Affordable Housing Trust Fund .............. $30,424
11 Illinois Charity Bureau Fund .......................... $2,025
12 Illinois Clean Water Fund ............................ $18,928
13 Illinois Forestry Development Fund .................. $13,054
14 Illinois Gaming Law Enforcement Fund .................. $1,411
15 IMSA Income Fund .................................... $10,499
16 Illinois Military Family Relief Fund .................. $2,963
17 Illinois National Guard Construction Fund .............. $4,944
18 Illinois Power Agency Operations Fund ................ $154,375
19 Illinois State Dental Disciplinary Fund ................ $3,947
20 Illinois State Fair Fund .............................. $5,871
21 Illinois State Medical Disciplinary Fund ............ $32,809
22 Illinois State Pharmacy Disciplinary Fund ............ $10,993
23 Illinois Student Assistance Commission
24 Contracts and Grants Fund ............................ $950
25 Illinois Veterans Assistance Fund ...................... $2,738
26 Illinois Veterans' Rehabilitation Fund .................. $685
HB1075 Enrolled - 32 - LRB104 03072 BDA 13090 b
1 Illinois Wildlife Preservation Fund .................... $2,646
2 Illinois Workers' Compensation Commission
3 Operations Fund .................................. $94,942
4 Illinois Works Fund .................................... $5,577
5 Income Tax Refund Fund .............................. $232,364
6 Insurance Financial Regulation Fund .................. $158,266
7 Insurance Premium Tax Refund Fund .................... $10,972
8 Insurance Producer Administration Fund .............. $208,185
9 International Tourism Fund ............................ $1,317
10 LaSalle Veterans Home Fund ............................ $2,656
11 Law Enforcement Recruitment and Retention Fund ...... $10,249
12 Law Enforcement Training Fund ........................ $28,714
13 LEADS Maintenance Fund .................................. $573
14 Live and Learn Fund .................................... $8,419
15 Local Government Distributive Fund .................. $120,745
16 Local Tourism Fund .................................. $16,582
17 Long Term Care Ombudsman Fund ............................ $635
18 Long-Term Care Provider Fund ........................ $10,352
19 Manteno Veterans Home Fund ............................ $3,941
20 Mental Health Fund .................................... $3,560
21 Mental Health Reporting Fund ............................ $878
22 Military Affairs Trust Fund ............................ $1,017
23 Monitoring Device Driving Permit
24 Administration Fee Fund .............................. $657
25 Motor Carrier Safety Inspection Fund .................. $1,892
26 Motor Fuel Tax Fund .................................. $124,570
HB1075 Enrolled - 33 - LRB104 03072 BDA 13090 b
1 Motor Vehicle License Plate Fund ...................... $6,363
2 Nursing Dedicated and Professional Fund .............. $14,671
3 Off-Highway Vehicle Trails Fund ........................ $1,431
4 Open Space Lands Acquisition and Development Fund .... $67,764
5 Optometric Licensing and Disciplinary Board Fund ........ $922
6 Parity Advancement Fund ................................ $9,349
7 Partners For Conservation Fund ...................... $25,309
8 Pawnbroker Regulation Fund .............................. $659
9 Pension Stabilization Fund ............................ $3,009
10 Personal Property Tax Replacement Fund .............. $251,569
11 Pesticide Control Fund ................................ $4,715
12 Prisoner Review Board Vehicle and Equipment Fund ...... $3,035
13 Professional Services Fund ............................ $3,093
14 Professions Indirect Cost Fund ...................... $194,398
15 Public Pension Regulation Fund ........................ $3,519
16 Public Transportation Fund .......................... $108,264
17 Quincy Veterans Home Fund ............................ $25,455
18 Real Estate License Administration Fund .............. $27,976
19 Rebuild Illinois Projects Fund ........................ $3,682
20 Regional Transportation Authority Occupation and Use Tax
21 Replacement Fund .................................. $3,226
22 Registered Certified Public Accountants' Administration
23 and Disciplinary Fund .............................. $3,213
24 Renewable Energy Resources Trust Fund .................. $2,463
25 Rental Housing Support Program Fund ...................... $560
26 Residential Finance Regulatory Fund .................. $21,672
HB1075 Enrolled - 34 - LRB104 03072 BDA 13090 b
1 Road Fund ............................................ $524,729
2 Salmon Fund .............................................. $837
3 Savings Bank Regulatory Fund ............................ $528
4 School Infrastructure Fund .......................... $10,122
5 Secretary of State DUI Administration Fund ............ $1,021
6 Secretary of State Identification Security and
7 Theft Prevention Fund .............................. $4,877
8 Secretary of State Special License Plate Fund .......... $1,410
9 Secretary of State Special Services Fund ............ $11,665
10 Securities Audit and Enforcement Fund .................. $2,279
11 Serve Illinois Commission Fund .......................... $950
12 Snowmobile Trail Establishment Fund ...................... $653
13 Solid Waste Management Fund .......................... $17,540
14 Special Education Medicaid Matching Fund .............. $2,916
15 Sports Wagering Fund ................................ $14,696
16 State Police Law Enforcement Administration Fund ...... $3,635
17 State and Local Sales Tax Reform Fund .................. $6,676
18 State Asset Forfeiture Fund ............................ $1,445
19 State Aviation Program Fund ............................ $2,125
20 State Construction Account Fund ...................... $151,079
21 State Crime Laboratory Fund ............................ $6,342
22 State Gaming Fund .................................... $216,475
23 State Garage Revolving Fund ............................ $4,892
24 State Lottery Fund .................................. $106,169
25 State Pensions Fund .................................. $500,000
26 State Police Firearm Services Fund .................. $16,049
HB1075 Enrolled - 35 - LRB104 03072 BDA 13090 b
1 State Police Services Fund .......................... $20,688
2 State Police Vehicle Fund .............................. $7,562
3 State Police Whistleblower Reward
4 and Protection Fund ................................ $3,858
5 State Small Business Credit Initiative Fund .......... $20,739
6 State's Attorneys Appellate
7 Prosecutor's County Fund ........................ $20,621
8 Subtitle D Management Fund ............................ $2,669
9 Supplemental Low-Income Energy Assistance Fund ...... $158,173
10 Tax Compliance and Administration Fund ................ $3,789
11 Technology Management Revolving Fund ................ $620,435
12 Tobacco Settlement Recovery Fund ...................... $4,747
13 Tourism Promotion Fund .............................. $46,998
14 Traffic and Criminal Conviction Surcharge Fund ...... $41,173
15 Underground Storage Tank Fund ........................ $31,314
16 University of Illinois Hospital Services Fund .......... $3,257
17 Vehicle Hijacking and Motor Vehicle Theft
18 Prevention and Insurance Verification Trust Fund .. $8,183
19 Vehicle Inspection Fund .............................. $19,811
20 Weights and Measures Fund .............................. $3,636
21 Notwithstanding any provision of the law to the contrary,
22 the General Assembly hereby authorizes the use of such funds
23 for the purposes set forth in this Section.
24 These provisions do not apply to funds classified by the
25 Comptroller as federal trust funds or State trust funds. The
26 Audit Expense Fund may receive transfers from those trust
HB1075 Enrolled - 36 - LRB104 03072 BDA 13090 b
1 funds only as directed herein, except where prohibited by the
2 terms of the trust fund agreement. The Auditor General shall
3 notify the trustees of those funds of the estimated cost of the
4 audit to be incurred under the Illinois State Auditing Act for
5 the fund. The trustees of those funds shall direct the State
6 Comptroller and Treasurer to transfer the estimated amount to
7 the Audit Expense Fund.
8 The Auditor General may bill entities that are not subject
9 to the above transfer provisions, including private entities,
10 related organizations and entities whose funds are locally
11 held locally-held, for the cost of audits, studies, and
12 investigations incurred on their behalf. Any revenues received
13 under this provision shall be deposited into the Audit Expense
14 Fund.
15 In the event that moneys on deposit in any fund are
16 unavailable, by reason of deficiency or any other reason
17 preventing their lawful transfer, the State Comptroller shall
18 order transferred and the State Treasurer shall transfer the
19 amount deficient or otherwise unavailable from the General
20 Revenue Fund for deposit into the Audit Expense Fund.
21 On or before December 1, 1992, and each December 1
22 thereafter, the Auditor General shall notify the Governor's
23 Office of Management and Budget (formerly Bureau of the
24 Budget) of the amount estimated to be necessary to pay for
25 audits, studies, and investigations in accordance with the
26 Illinois State Auditing Act during the next succeeding fiscal
HB1075 Enrolled - 37 - LRB104 03072 BDA 13090 b
1 year for each State fund for which a transfer or reimbursement
2 is anticipated.
3 Beginning with fiscal year 1994 and during each fiscal
4 year thereafter, the Auditor General may direct the State
5 Comptroller and Treasurer to transfer moneys from funds
6 authorized by the General Assembly for that fund. In the event
7 funds, including federal and State trust funds but excluding
8 the General Revenue Fund, are transferred, during fiscal year
9 1994 and during each fiscal year thereafter, in excess of the
10 amount to pay actual costs attributable to audits, studies,
11 and investigations as permitted or required by the Illinois
12 State Auditing Act or specific action of the General Assembly,
13 the Auditor General shall, on September 30, or as soon
14 thereafter as is practicable, direct the State Comptroller and
15 Treasurer to transfer the excess amount back to the fund from
16 which it was originally transferred.
17 (Source: P.A. 102-16, eff. 6-17-21; 102-699, eff. 4-19-22;
18 103-8, eff. 6-7-23; 103-129, eff. 6-30-23; 103-588, eff.
19 6-5-24.)
20 (30 ILCS 105/6z-32)
21 Sec. 6z-32. Partners for Planning and Conservation.
22 (a) The Partners for Conservation Fund (formerly known as
23 the Conservation 2000 Fund) and the Partners for Conservation
24 Projects Fund (formerly known as the Conservation 2000
25 Projects Fund) are created as special funds in the State
HB1075 Enrolled - 38 - LRB104 03072 BDA 13090 b
1 Treasury. These funds shall be used to establish a
2 comprehensive program to protect Illinois' natural resources
3 through cooperative partnerships between State government and
4 public and private landowners. Moneys in these Funds may be
5 used, subject to appropriation, by the Department of Natural
6 Resources, Environmental Protection Agency, and the Department
7 of Agriculture for purposes relating to natural resource
8 protection, planning, recreation, tourism, climate resilience,
9 and compatible agricultural and economic development
10 activities. Without limiting these general purposes, moneys in
11 these Funds may be used, subject to appropriation, for the
12 following specific purposes:
13 (1) To foster sustainable agriculture practices and
14 control soil erosion, sedimentation, and nutrient loss
15 from farmland, including grants to Soil and Water
16 Conservation Districts for conservation practice
17 cost-share grants and for personnel, educational, and
18 administrative expenses.
19 (2) To establish and protect a system of ecosystems in
20 public and private ownership through conservation
21 easements, incentives to public and private landowners,
22 natural resource restoration and preservation, water
23 quality protection and improvement, land use and watershed
24 planning, technical assistance and grants, and land
25 acquisition provided these mechanisms are all voluntary on
26 the part of the landowner and do not involve the use of
HB1075 Enrolled - 39 - LRB104 03072 BDA 13090 b
1 eminent domain.
2 (3) To develop a systematic and long-term program to
3 effectively measure and monitor natural resources and
4 ecological conditions through investments in technology
5 and involvement of scientific experts.
6 (4) To initiate strategies to enhance, use, and
7 maintain Illinois' inland lakes through education,
8 technical assistance, research, and financial incentives.
9 (5) To partner with private landowners and with units
10 of State, federal, and local government and with
11 not-for-profit organizations in order to integrate State
12 and federal programs with Illinois' natural resource
13 protection and restoration efforts and to meet
14 requirements to obtain federal and other funds for
15 conservation or protection of natural resources.
16 (6) To support the State's Nutrient Loss Reduction
17 Strategy, including, but not limited to, funding the
18 resources needed to support the Strategy's Policy Working
19 Group, cover water quality monitoring in support of
20 Strategy implementation, prepare a biennial report on the
21 progress made on the Strategy every 2 years, and provide
22 cost share funding for nutrient capture projects.
23 (7) To provide capacity grants to support soil and
24 water conservation districts, including, but not limited
25 to, developing soil health plans, conducting soil health
26 assessments, peer-to-peer training, convening
HB1075 Enrolled - 40 - LRB104 03072 BDA 13090 b
1 producer-led dialogues, professional memberships, lab
2 analysis, and travel stipends for meetings and educational
3 events.
4 (8) To develop guidelines and local soil health
5 assessments for advancing soil health.
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, 2026
9 2025, 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
HB1075 Enrolled - 41 - LRB104 03072 BDA 13090 b
1 2018 $1,500,000
2 2019 $14,000,000
3 2020 $7,500,000
4 2021 through 2023 $14,000,000
5 2024 $18,000,000
6 2025 and 2026 $14,000,000
7 (c) The State Comptroller and State Treasurer shall
8 automatically transfer on the last day of each month beginning
9 on July 31, 2021 and ending June 30, 2022, from the
10 Environmental Protection Permit and Inspection Fund to the
11 Partners for Conservation Fund, an amount equal to 1/12 of
12 $4,135,000.
13 (c-1) The State Comptroller and State Treasurer shall
14 automatically transfer on the last day of each month beginning
15 on July 31, 2022 and ending June 30, 2023, from the
16 Environmental Protection Permit and Inspection Fund to the
17 Partners for Conservation Fund, an amount equal to 1/12 of
18 $5,900,000.
19 (d) There shall be deposited into the Partners for
20 Conservation Projects Fund such bond proceeds and other moneys
21 as may, from time to time, be provided by law.
22 (Source: P.A. 102-16, eff. 6-17-21; 102-699, eff. 4-19-22;
23 103-8, eff. 6-7-23; 103-494, eff. 8-4-23; 103-588, eff.
24 6-5-24; 103-605, eff. 7-1-24.)
25 (30 ILCS 105/6z-51)
HB1075 Enrolled - 42 - LRB104 03072 BDA 13090 b
1 Sec. 6z-51. Budget Stabilization Fund.
2 (a) The Budget Stabilization Fund, a special fund in the
3 State Treasury, shall consist of moneys appropriated or
4 transferred to that Fund, as provided in Section 6z-43 and as
5 otherwise provided by law. All earnings on Budget
6 Stabilization Fund investments shall be deposited into that
7 Fund.
8 (b) The State Comptroller may direct the State Treasurer
9 to transfer moneys from the Budget Stabilization Fund to the
10 General Revenue Fund in order to meet cash flow deficits
11 resulting from timing variations between disbursements and the
12 receipt of funds within a fiscal year. Any moneys so borrowed
13 in any fiscal year other than Fiscal Year 2011 shall be repaid
14 by June 30 of the fiscal year in which they were borrowed. Any
15 moneys so borrowed in Fiscal Year 2011 shall be repaid no later
16 than July 15, 2011.
17 (c) During Fiscal Year 2017 only, amounts may be expended
18 from the Budget Stabilization Fund only pursuant to specific
19 authorization by appropriation. Any moneys expended pursuant
20 to appropriation shall not be subject to repayment.
21 (d) For Fiscal Years 2020 through 2022, any transfers into
22 the Fund pursuant to the Cannabis Regulation and Tax Act may be
23 transferred to the General Revenue Fund in order for the
24 Comptroller to address outstanding vouchers and shall not be
25 subject to repayment back into the Budget Stabilization Fund.
26 (e) Beginning July 1, 2023, on the first day of each month,
HB1075 Enrolled - 43 - LRB104 03072 BDA 13090 b
1 or as soon thereafter as practical, the State Comptroller
2 shall direct and the State Treasurer shall transfer $3,750,000
3 from the General Revenue Fund to the Budget Stabilization
4 Fund. This subsection (e) is inoperative from July 1, 2025,
5 through June 30, 2026.
6 (Source: P.A. 101-10, eff. 6-5-19; 102-699, eff. 4-19-22.)
7 (30 ILCS 105/6z-63)
8 Sec. 6z-63. The Professional Services Fund.
9 (a) The Professional Services Fund is created as a
10 revolving fund in the State treasury. The following moneys
11 shall be transferred or deposited into the Fund:
12 (1) amounts authorized for transfer to the Fund from
13 the General Revenue Fund and other State funds (except for
14 funds classified by the Comptroller as federal trust funds
15 or State trust funds) pursuant to State law or Executive
16 Order;
17 (2) federal funds received by the Department of
18 Central Management Services (the "Department") as a result
19 of expenditures from the Fund;
20 (3) interest earned on moneys in the Fund; and
21 (4) receipts or inter-fund transfers resulting from
22 billings issued by the Department to State agencies for
23 the cost of professional services that are rendered by the
24 Department, the Executive Ethics Commission, the Chief
25 Procurement Officer appointed under paragraph (4) of
HB1075 Enrolled - 44 - LRB104 03072 BDA 13090 b
1 subsection (a) of Section 10-20 of the Illinois
2 Procurement Code, or the Commission on Equity and
3 Inclusion and that are not compensated through the
4 specific fund transfers authorized by this Section.
5 (b) Moneys in the Fund may be used by the Department for
6 reimbursement or payment for:
7 (1) providing professional services to State agencies
8 or other State entities;
9 (2) rendering other services to State agencies at the
10 Governor's direction or to other State entities upon
11 agreement between the Director of Central Management
12 Services and the appropriate official or governing body of
13 the other State entity; or
14 (3) providing for payment of administrative and other
15 expenses incurred by the Department in providing
16 professional services.
17 Beginning in fiscal year 2021, moneys in the Fund may also
18 be appropriated to and used by the Executive Ethics Commission
19 for oversight and administration of the eProcurement system
20 known as BidBuy, and by the Chief Procurement Officer
21 appointed under paragraph (4) of subsection (a) of Section
22 10-20 of the Illinois Procurement Code for the operation of
23 the BidBuy system previously administered by the Department.
24 Beginning in fiscal year 2022, moneys in the Fund may also
25 be appropriated to and used by the Commission on Equity and
26 Inclusion for its operating and administrative expenses
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1 related to the Business Enterprise Program, previously
2 administered by the Department.
3 (c) State agencies or other State entities may direct the
4 Comptroller to process inter-fund transfers or make payment
5 through the voucher and warrant process to the Professional
6 Services Fund in satisfaction of billings issued under
7 subsection (a) of this Section.
8 (d) Reconciliation. For the fiscal year beginning on July
9 1, 2004 only, the Director of Central Management Services (the
10 "Director") shall order that each State agency's payments and
11 transfers made to the Fund be reconciled with actual Fund
12 costs for professional services provided by the Department on
13 no less than an annual basis. The Director may require reports
14 from State agencies as deemed necessary to perform this
15 reconciliation.
16 (e) (Blank).
17 (e-5) (Blank).
18 (e-7) (Blank).
19 (e-10) (Blank).
20 (e-15) (Blank).
21 (e-20) (Blank).
22 (e-25) (Blank).
23 (e-30) (Blank).
24 (e-35) (Blank).
25 (e-40) (Blank).
26 (e-45) (Blank).
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1 (e-50) (Blank).
2 (f) The term "professional services" means services
3 rendered on behalf of State agencies and other State entities
4 pursuant to Section 405-293 of the Department of Central
5 Management Services Law of the Civil Administrative Code of
6 Illinois.
7 (Source: P.A. 101-636, eff. 6-10-20; 102-16, eff. 6-17-21.)
8 (30 ILCS 105/6z-70)
9 Sec. 6z-70. The Secretary of State Identification Security
10 and Theft Prevention Fund.
11 (a) The Secretary of State Identification Security and
12 Theft Prevention Fund is created as a special fund in the State
13 treasury. The Fund shall consist of any fund transfers,
14 grants, fees, or moneys from other sources received for the
15 purpose of funding identification security and theft
16 prevention measures.
17 (b) All moneys in the Secretary of State Identification
18 Security and Theft Prevention Fund shall be used, subject to
19 appropriation, for any costs related to implementing
20 identification security and theft prevention measures.
21 (c) (Blank).
22 (d) (Blank).
23 (e) (Blank).
24 (f) (Blank).
25 (g) (Blank).
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1 (h) (Blank).
2 (i) (Blank).
3 (j) (Blank).
4 (k) (Blank).
5 (l) (Blank).
6 (m) (Blank).
7 (n) (Blank).
8 (o) (Blank).
9 (p) (Blank). Notwithstanding any other provision of State
10 law to the contrary, on or after July 1, 2023, and until June
11 30, 2024, in addition to any other transfers that may be
12 provided for by law, at the direction of and upon notification
13 of the Secretary of State, the State Comptroller shall direct
14 and the State Treasurer shall transfer amounts into the
15 Secretary of State Identification Security and Theft
16 Prevention Fund from the designated funds not exceeding the
17 following totals:
18 Division of Corporations Registered Limited
19 Liability Partnership Fund .................. $400,000
20 Department of Business Services Special
21 Operations Fund............................ $5,500,000
22 Securities Audit and Enforcement Fund .......... $4,000,000
23 (q) Notwithstanding any other provision of State law to
24 the contrary, on or after July 1, 2024, and until June 30,
25 2025, in addition to any other transfers that may be provided
26 for by law, at the direction of and upon notification of the
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1 Secretary of State, the State Comptroller shall direct and the
2 State Treasurer shall transfer amounts into the Secretary of
3 State Identification Security and Theft Prevention Fund from
4 the designated funds not exceeding the following totals:
5 Division of Corporations Registered Limited
6 Liability Partnership Fund .................. $400,000
7 Department of Business Services Special
8 Operations Fund............................ $5,500,000
9 Securities Audit and Enforcement Fund .......... $4,000,000
10 Corporate Franchise Tax Refund Fund ............ $3,000,000
11 (r) Notwithstanding any other provision of State law to
12 the contrary, on or after July 1, 2025, and until June 30,
13 2026, in addition to any other transfers that may be provided
14 for by law, at the direction of and upon notification of the
15 Secretary of State, the State Comptroller shall direct and the
16 State Treasurer shall transfer amounts into the Secretary of
17 State Identification Security and Theft Prevention Fund from
18 the designated funds not exceeding the following totals:
19 Division of Corporations Registered Limited
20 Liability Partnership Fund .................. $400,000
21 Department of Business Services Special
22 Operations Fund............................ $5,500,000
23 Securities Audit and Enforcement Fund .......... $4,000,000
24 Corporate Franchise Tax Refund Fund ............ $3,000,000
25 (Source: P.A. 102-16, eff. 6-17-21; 102-699, eff. 4-19-22;
26 103-8, eff. 6-7-23; 103-588, eff. 6-5-24.)
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1 (30 ILCS 105/6z-100)
2 (Section scheduled to be repealed on July 1, 2025)
3 Sec. 6z-100. Capital Development Board Revolving Fund;
4 payments into and use. All monies received by the Capital
5 Development Board for publications or copies issued by the
6 Board, and all monies received for contract administration
7 fees, charges, or reimbursements owing to the Board shall be
8 deposited into a special fund known as the Capital Development
9 Board Revolving Fund, which is hereby created in the State
10 treasury. The monies in this Fund shall be used by the Capital
11 Development Board, as appropriated, for expenditures for
12 personal services, retirement, social security, contractual
13 services, legal services, travel, commodities, printing,
14 equipment, electronic data processing, or telecommunications.
15 For fiscal year 2021 and thereafter, the monies in this Fund
16 may also be appropriated to and used by the Executive Ethics
17 Commission for oversight and administration of the Chief
18 Procurement Officer appointed under paragraph (1) of
19 subsection (a) of Section 10-20 of the Illinois Procurement
20 Code. Unexpended moneys in the Fund shall not be transferred
21 or allocated by the Comptroller or Treasurer to any other
22 fund, nor shall the Governor authorize the transfer or
23 allocation of those moneys to any other fund. This Section is
24 repealed July 1, 2025.
25 (Source: P.A. 102-16, eff. 6-17-21; 102-699, eff. 4-19-22;
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1 103-8, eff. 6-7-23.)
2 (30 ILCS 105/6z-126)
3 Sec. 6z-126. Law Enforcement Training Fund. The Law
4 Enforcement Training Fund is hereby created as a special fund
5 in the State treasury. Moneys in the Fund shall consist of: (i)
6 the share 90% of the revenue from increasing the insurance
7 producer license fees allocated for transfer to the Fund , as
8 provided under subsection (a-5) of Section 500-135 of the
9 Illinois Insurance Code; and (ii) the share 90% of the moneys
10 collected from auto insurance policy fees under Section 8.6 of
11 the Illinois Vehicle Hijacking and Motor Vehicle Theft
12 Prevention and Insurance Verification Act allocated for
13 deposit into the Fund. This Fund shall be used by the Illinois
14 Law Enforcement Training Standards Board for the following
15 purposes: (i) to fund law enforcement certification
16 compliance; (ii) for the development and provision of basic
17 courses by Board-approved academics, and in-service courses by
18 approved academies; and (iii) for the ordinary and contingent
19 expenses of the Illinois Law Enforcement Training Standards
20 Board.
21 (Source: P.A. 102-16, eff. 6-17-21; 102-904, eff. 1-1-23;
22 102-1071, eff. 6-10-22; 103-8, eff. 6-7-23; 103-154, eff.
23 6-30-23.)
24 (30 ILCS 105/6z-144 new)
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1 Sec. 6z-144. Supreme Court Indirect Cost Fund. The Supreme
2 Court Indirect Cost Fund is established as a federal trust
3 fund in the State treasury. Moneys received by the Supreme
4 Court from any federal department or agency as an indirect
5 cost reimbursement shall be deposited into the Fund. Moneys in
6 the Fund shall be held by the State Treasurer as ex officio
7 custodian and shall be used by the Supreme Court, subject to
8 appropriation, for administrative expenses.
9 (30 ILCS 105/6z-145 new)
10 Sec. 6z-145. Office of Statewide Pretrial Services State
11 Projects Fund. The Office of Statewide Pretrial Services State
12 Projects Fund is established as a State trust fund in the State
13 treasury. Moneys received by the Office of Statewide Pretrial
14 Services from interagency agreements, interagency receipts
15 from other State agencies and agencies from other states,
16 private organizations, individuals, foundations, and nonprofit
17 organizations for projects related to the purposes of Public
18 Act 101-652 and Public Act 102-1104, commonly known as the
19 Safety, Accountability, Fairness and Equity-Today (SAFE-T)
20 Act, shall be deposited into the Fund.
21 Moneys in the Fund shall be held by the State Treasurer as
22 ex officio custodian and shall be used by the Office of
23 Statewide Pretrial Services, subject to appropriation, for the
24 specific purposes established by the terms and conditions of
25 the grant or award and for other authorized expenses in
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1 accordance with State requirements. Other moneys deposited
2 into the Fund may be used for purposes associated with the
3 State-financed projects.
4 (30 ILCS 105/6z-146 new)
5 Sec. 6z-146. Office of Statewide Pretrial Services Federal
6 Projects Fund. The Office of Statewide Pretrial Services
7 Federal Projects Fund is established as a federal trust fund
8 in the State treasury. Moneys received by the Office of
9 Statewide Pretrial Services from any federal department or
10 agency, subject to appropriation, including, but not limited
11 to, grants or awards, shall be deposited into the Fund. In
12 addition, the Fund may also receive interagency receipts from
13 other State agencies and agencies from other states. Moneys in
14 the Fund shall be held by the State Treasurer as ex officio
15 custodian and shall be used by the Office of Statewide
16 Pretrial Services, subject to appropriation, for the specific
17 purposes established by the terms and conditions of the
18 federal grant or award and for other authorized expenses in
19 accordance with federal requirements.
20 (30 ILCS 105/6z-147 new)
21 Sec. 6z-147. Office of Statewide Pretrial Services
22 Indirect Cost Fund. The Office of Statewide Pretrial Services
23 Indirect Cost Fund is established as a federal trust fund in
24 the State treasury. Moneys received by the Office of Statewide
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1 Pretrial Services from any federal department or agency as an
2 indirect cost reimbursement shall be deposited into the Fund.
3 Moneys in the Fund shall be held by the State Treasurer as ex
4 officio custodian and shall be used by the Office of Statewide
5 Pretrial Services, subject to appropriation, for
6 administrative expenses.
7 (30 ILCS 105/6z-148 new)
8 Sec. 6z-148. Tier 2 SSWB Reserve Fund.
9 (a) The Tier 2 SSWB Reserve Fund is created as a special
10 fund in the State treasury. The Fund may receive revenue from
11 any authorized source, including, but not limited to,
12 transfers and appropriations from other funds in the State
13 treasury. Any interest earned on moneys in the Fund shall be
14 retained in the Fund.
15 (b) Subject to appropriation, moneys in the Fund shall be
16 used for additional State contributions associated with
17 adjustments to the earnings limitations specified in
18 subsection (b-5) of Section 1-160 of the Illinois Pension Code
19 and subsection (b) of Section 15-111 of the Illinois Pension
20 Code. Distributions from the Fund shall be allocated as
21 follows:
22 (1) 5.1% to the State Employees' Retirement System of
23 Illinois;
24 (2) 83.3% to the Teachers' Retirement System of the
25 State of Illinois; and
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1 (3) 11.6% to the State Universities Retirement System.
2 (c) If, after the effective date of this amendatory Act of
3 the 104th General Assembly, any enforceable determination
4 concludes that the benefits for a Tier 2 member or participant
5 under Section 1-160 or 15-111 of the Illinois Pension Code do
6 not provide the minimum retirement benefits required under
7 Internal Revenue Service regulations or other provisions of
8 federal law such that the wages of such member or participant
9 would be subject to tax under the Federal Insurance
10 Contributions Act, then moneys in the Tier 2 SSWB Reserve Fund
11 may be used by the State Employees' Retirement System of
12 Illinois, the Teachers' Retirement System of the State of
13 Illinois, or the State Universities Retirement System to pay
14 the difference between benefits otherwise available and
15 benefits that would constitute minimum retirement benefits
16 under applicable federal law or regulation. This subsection
17 shall constitute a continuing appropriation of all amounts
18 necessary for such purposes.
19 (30 ILCS 105/8.3)
20 Sec. 8.3. Money in the Road Fund shall, if and when the
21 State of Illinois incurs any bonded indebtedness for the
22 construction of permanent highways, be set aside and used for
23 the purpose of paying and discharging annually the principal
24 and interest on that bonded indebtedness then due and payable,
25 and for no other purpose. The surplus, if any, in the Road Fund
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1 after the payment of principal and interest on that bonded
2 indebtedness then annually due shall be used as follows:
3 first -- to pay the cost of administration of Chapters
4 2 through 10 of the Illinois Vehicle Code, except the cost
5 of administration of Articles I and II of Chapter 3 of that
6 Code, and to pay the costs of the Executive Ethics
7 Commission for oversight and administration of the Chief
8 Procurement Officer appointed under paragraph (2) of
9 subsection (a) of Section 10-20 of the Illinois
10 Procurement Code for transportation; and
11 secondly -- for expenses of the Department of
12 Transportation for construction, reconstruction,
13 improvement, repair, maintenance, operation, and
14 administration of highways in accordance with the
15 provisions of laws relating thereto, or for any purpose
16 related or incident to and connected therewith, including
17 the separation of grades of those highways with railroads
18 and with highways and including the payment of awards made
19 by the Illinois Workers' Compensation Commission under the
20 terms of the Workers' Compensation Act or Workers'
21 Occupational Diseases Act for injury or death of an
22 employee of the Division of Highways in the Department of
23 Transportation; or for the acquisition of land and the
24 erection of buildings for highway purposes, including the
25 acquisition of highway right-of-way or for investigations
26 to determine the reasonably anticipated future highway
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1 needs; or for making of surveys, plans, specifications and
2 estimates for and in the construction and maintenance of
3 flight strips and of highways necessary to provide access
4 to military and naval reservations, to defense industries
5 and defense-industry sites, and to the sources of raw
6 materials and for replacing existing highways and highway
7 connections shut off from general public use at military
8 and naval reservations and defense-industry sites, or for
9 the purchase of right-of-way, except that the State shall
10 be reimbursed in full for any expense incurred in building
11 the flight strips; or for the operating and maintaining of
12 highway garages; or for patrolling and policing the public
13 highways and conserving the peace; or for the operating
14 expenses of the Department relating to the administration
15 of public transportation programs; or, during fiscal year
16 2024, for the purposes of a grant not to exceed $9,108,400
17 to the Regional Transportation Authority on behalf of PACE
18 for the purpose of ADA/Para-transit expenses; or, during
19 fiscal year 2025, for the purposes of a grant not to exceed
20 $10,020,000 to the Regional Transportation Authority on
21 behalf of PACE for the purpose of ADA/Para-transit
22 expenses; or, during fiscal year 2026, for the purposes of
23 a grant not to exceed $11,500,000 to the Regional
24 Transportation Authority on behalf of PACE for the purpose
25 of ADA/Para-transit expenses; or for any of those purposes
26 or any other purpose that may be provided by law.
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1 Appropriations for any of those purposes are payable from
2 the Road Fund. Appropriations may also be made from the Road
3 Fund for the administrative expenses of any State agency that
4 are related to motor vehicles or arise from the use of motor
5 vehicles.
6 Beginning with fiscal year 1980 and thereafter, no Road
7 Fund monies shall be appropriated to the following Departments
8 or agencies of State government for administration, grants, or
9 operations; but this limitation is not a restriction upon
10 appropriating for those purposes any Road Fund monies that are
11 eligible for federal reimbursement:
12 1. Department of Public Health;
13 2. Department of Transportation, only with respect to
14 subsidies for one-half fare Student Transportation and
15 Reduced Fare for Elderly, except fiscal year 2024 when no
16 more than $19,063,500 may be expended and except fiscal
17 year 2025 when no more than $20,969,900 may be expended
18 and except fiscal year 2026 when no more than $23,067,000
19 may be expended;
20 3. Department of Central Management Services, except
21 for expenditures incurred for group insurance premiums of
22 appropriate personnel;
23 4. Judicial Systems and Agencies.
24 Beginning with fiscal year 1981 and thereafter, no Road
25 Fund monies shall be appropriated to the following Departments
26 or agencies of State government for administration, grants, or
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1 operations; but this limitation is not a restriction upon
2 appropriating for those purposes any Road Fund monies that are
3 eligible for federal reimbursement:
4 1. Illinois State Police, except for expenditures with
5 respect to the Division of Patrol and Division of Criminal
6 Investigation;
7 2. Department of Transportation, only with respect to
8 Intercity Rail Subsidies, except fiscal year 2024 when no
9 more than $60,000,000 may be expended and except fiscal
10 year 2025 when no more than $67,000,000 may be expended
11 and except fiscal year 2026 when no more than $76,000,000
12 may be expended, and Rail Freight Services.
13 Beginning with fiscal year 1982 and thereafter, no Road
14 Fund monies shall be appropriated to the following Departments
15 or agencies of State government for administration, grants, or
16 operations; but this limitation is not a restriction upon
17 appropriating for those purposes any Road Fund monies that are
18 eligible for federal reimbursement: Department of Central
19 Management Services, except for awards made by the Illinois
20 Workers' Compensation Commission under the terms of the
21 Workers' Compensation Act or Workers' Occupational Diseases
22 Act for injury or death of an employee of the Division of
23 Highways in the Department of Transportation.
24 Beginning with fiscal year 1984 and thereafter, no Road
25 Fund monies shall be appropriated to the following Departments
26 or agencies of State government for administration, grants, or
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1 operations; but this limitation is not a restriction upon
2 appropriating for those purposes any Road Fund monies that are
3 eligible for federal reimbursement:
4 1. Illinois State Police, except not more than 40% of
5 the funds appropriated for the Division of Patrol and
6 Division of Criminal Investigation;
7 2. State Officers.
8 Beginning with fiscal year 1984 and thereafter, no Road
9 Fund monies shall be appropriated to any Department or agency
10 of State government for administration, grants, or operations
11 except as provided hereafter; but this limitation is not a
12 restriction upon appropriating for those purposes any Road
13 Fund monies that are eligible for federal reimbursement. It
14 shall not be lawful to circumvent the above appropriation
15 limitations by governmental reorganization or other methods.
16 Appropriations shall be made from the Road Fund only in
17 accordance with the provisions of this Section.
18 Money in the Road Fund shall, if and when the State of
19 Illinois incurs any bonded indebtedness for the construction
20 of permanent highways, be set aside and used for the purpose of
21 paying and discharging during each fiscal year the principal
22 and interest on that bonded indebtedness as it becomes due and
23 payable as provided in the General Obligation Bond Act, and
24 for no other purpose. The surplus, if any, in the Road Fund
25 after the payment of principal and interest on that bonded
26 indebtedness then annually due shall be used as follows:
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1 first -- to pay the cost of administration of Chapters
2 2 through 10 of the Illinois Vehicle Code; and
3 secondly -- no Road Fund monies derived from fees,
4 excises, or license taxes relating to registration,
5 operation and use of vehicles on public highways or to
6 fuels used for the propulsion of those vehicles, shall be
7 appropriated or expended other than for costs of
8 administering the laws imposing those fees, excises, and
9 license taxes, statutory refunds and adjustments allowed
10 thereunder, administrative costs of the Department of
11 Transportation, including, but not limited to, the
12 operating expenses of the Department relating to the
13 administration of public transportation programs, payment
14 of debts and liabilities incurred in construction and
15 reconstruction of public highways and bridges, acquisition
16 of rights-of-way for and the cost of construction,
17 reconstruction, maintenance, repair, and operation of
18 public highways and bridges under the direction and
19 supervision of the State, political subdivision, or
20 municipality collecting those monies, or during fiscal
21 year 2024 for the purposes of a grant not to exceed
22 $9,108,400 to the Regional Transportation Authority on
23 behalf of PACE for the purpose of ADA/Para-transit
24 expenses, or during fiscal year 2025 for the purposes of a
25 grant not to exceed $10,020,000 to the Regional
26 Transportation Authority on behalf of PACE for the purpose
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1 of ADA/Para-transit expenses, or during fiscal year 2026
2 for the purposes of a grant not to exceed $11,500,000 to
3 the Regional Transportation Authority on behalf of PACE
4 for the purpose of ADA/Para-transit expenses, and the
5 costs for patrolling and policing the public highways (by
6 the State, political subdivision, or municipality
7 collecting that money) for enforcement of traffic laws.
8 The separation of grades of such highways with railroads
9 and costs associated with protection of at-grade highway
10 and railroad crossing shall also be permissible.
11 Appropriations for any of such purposes are payable from
12 the Road Fund or the Grade Crossing Protection Fund as
13 provided in Section 8 of the Motor Fuel Tax Law.
14 Except as provided in this paragraph, beginning with
15 fiscal year 1991 and thereafter, no Road Fund monies shall be
16 appropriated to the Illinois State Police for the purposes of
17 this Section in excess of its total fiscal year 1990 Road Fund
18 appropriations for those purposes unless otherwise provided in
19 Section 5g of this Act. For fiscal years 2003, 2004, 2005,
20 2006, and 2007 only, no Road Fund monies shall be appropriated
21 to the Department of State Police for the purposes of this
22 Section in excess of $97,310,000. For fiscal year 2008 only,
23 no Road Fund monies shall be appropriated to the Department of
24 State Police for the purposes of this Section in excess of
25 $106,100,000. For fiscal year 2009 only, no Road Fund monies
26 shall be appropriated to the Department of State Police for
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1 the purposes of this Section in excess of $114,700,000.
2 Beginning in fiscal year 2010, no Road Fund moneys shall be
3 appropriated to the Illinois State Police. It shall not be
4 lawful to circumvent this limitation on appropriations by
5 governmental reorganization or other methods unless otherwise
6 provided in Section 5g of this Act.
7 In fiscal year 1994, no Road Fund monies shall be
8 appropriated to the Secretary of State for the purposes of
9 this Section in excess of the total fiscal year 1991 Road Fund
10 appropriations to the Secretary of State for those purposes,
11 plus $9,800,000. It shall not be lawful to circumvent this
12 limitation on appropriations by governmental reorganization or
13 other method.
14 Beginning with fiscal year 1995 and thereafter, no Road
15 Fund monies shall be appropriated to the Secretary of State
16 for the purposes of this Section in excess of the total fiscal
17 year 1994 Road Fund appropriations to the Secretary of State
18 for those purposes. It shall not be lawful to circumvent this
19 limitation on appropriations by governmental reorganization or
20 other methods.
21 Beginning with fiscal year 2000, total Road Fund
22 appropriations to the Secretary of State for the purposes of
23 this Section shall not exceed the amounts specified for the
24 following fiscal years:
25 Fiscal Year 2000 $80,500,000;
26 Fiscal Year 2001 $80,500,000;
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1 Fiscal Year 2002 $80,500,000;
2 Fiscal Year 2003 $130,500,000;
3 Fiscal Year 2004 $130,500,000;
4 Fiscal Year 2005 $130,500,000;
5 Fiscal Year 2006 $130,500,000;
6 Fiscal Year 2007 $130,500,000;
7 Fiscal Year 2008 $130,500,000;
8 Fiscal Year 2009 $130,500,000.
9 For fiscal year 2010, no road fund moneys shall be
10 appropriated to the Secretary of State.
11 Beginning in fiscal year 2011, moneys in the Road Fund
12 shall be appropriated to the Secretary of State for the
13 exclusive purpose of paying refunds due to overpayment of fees
14 related to Chapter 3 of the Illinois Vehicle Code unless
15 otherwise provided for by law.
16 Beginning in fiscal year 2025, moneys in the Road Fund may
17 be appropriated to the Environmental Protection Agency for the
18 exclusive purpose of making deposits into the Electric Vehicle
19 Rebate Fund, subject to appropriation, to be used for purposes
20 consistent with Section 11 of Article IX of the Illinois
21 Constitution.
22 In fiscal year 2026, in addition to any other uses
23 permitted by law, moneys in the Road Fund may be used, subject
24 to appropriation, by the Department of Transportation for
25 grants to port districts for the purpose of making
26 infrastructure improvements consistent with Section 11 of
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1 Article IX of the Illinois Constitution.
2 It shall not be lawful to circumvent this limitation on
3 appropriations by governmental reorganization or other
4 methods.
5 No new program may be initiated in fiscal year 1991 and
6 thereafter that is not consistent with the limitations imposed
7 by this Section for fiscal year 1984 and thereafter, insofar
8 as appropriation of Road Fund monies is concerned.
9 Nothing in this Section prohibits transfers from the Road
10 Fund to the State Construction Account Fund under Section 5e
11 of this Act; nor to the General Revenue Fund, as authorized by
12 Public Act 93-25.
13 The additional amounts authorized for expenditure in this
14 Section by Public Acts 92-0600, 93-0025, 93-0839, and 94-91
15 shall be repaid to the Road Fund from the General Revenue Fund
16 in the next succeeding fiscal year that the General Revenue
17 Fund has a positive budgetary balance, as determined by
18 generally accepted accounting principles applicable to
19 government.
20 The additional amounts authorized for expenditure by the
21 Secretary of State and the Department of State Police in this
22 Section by Public Act 94-91 shall be repaid to the Road Fund
23 from the General Revenue Fund in the next succeeding fiscal
24 year that the General Revenue Fund has a positive budgetary
25 balance, as determined by generally accepted accounting
26 principles applicable to government.
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1 (Source: P.A. 102-16, eff. 6-17-21; 102-538, eff. 8-20-21;
2 102-699, eff. 4-19-22; 102-813, eff. 5-13-22; 103-8, eff.
3 6-7-23; 103-34, eff. 1-1-24; 103-588, eff. 6-5-24; 103-605,
4 eff. 7-1-24; 103-616, eff. 7-1-24; revised 8-5-24.)
5 (30 ILCS 105/8.12) (from Ch. 127, par. 144.12)
6 Sec. 8.12. State Pensions Fund.
7 (a) The moneys in the State Pensions Fund shall be used
8 exclusively for the administration of the Revised Uniform
9 Unclaimed Property Act and for the expenses incurred by the
10 Auditor General for administering the provisions of Section
11 2-8.1 of the Illinois State Auditing Act and for operational
12 expenses of the Office of the State Treasurer and for the
13 funding of the unfunded liabilities of the designated
14 retirement systems. For the purposes of this Section,
15 "operational expenses of the Office of the State Treasurer"
16 includes the acquisition of land and buildings in State fiscal
17 years 2019 and 2020 for use by the Office of the State
18 Treasurer, as well as construction, reconstruction,
19 improvement, repair, and maintenance, in accordance with the
20 provisions of laws relating thereto, of such lands and
21 buildings beginning in State fiscal year 2019 and thereafter.
22 Beginning in State fiscal year 2027 2026, payments to the
23 designated retirement systems under this Section shall be in
24 addition to, and not in lieu of, any State contributions
25 required under the Illinois Pension Code.
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1 "Designated retirement systems" means:
2 (1) the State Employees' Retirement System of
3 Illinois;
4 (2) the Teachers' Retirement System of the State of
5 Illinois;
6 (3) the State Universities Retirement System;
7 (4) the Judges Retirement System of Illinois; and
8 (5) the General Assembly Retirement System.
9 (b) Each year the General Assembly may make appropriations
10 from the State Pensions Fund for the administration of the
11 Revised Uniform Unclaimed Property Act.
12 (c) (Blank).
13 (c-5) For fiscal years 2006 through 2026 2025, the General
14 Assembly shall appropriate from the State Pensions Fund to the
15 State Universities Retirement System the amount estimated to
16 be available during the fiscal year in the State Pensions
17 Fund; provided, however, that the amounts appropriated under
18 this subsection (c-5) shall not reduce the amount in the State
19 Pensions Fund below $5,000,000.
20 (c-6) For fiscal year 2027 2026 and each fiscal year
21 thereafter, as soon as may be practical after any money is
22 deposited into the State Pensions Fund from the Unclaimed
23 Property Trust Fund, the State Treasurer shall apportion the
24 deposited amount among the designated retirement systems as
25 defined in subsection (a) to reduce their actuarial reserve
26 deficiencies. The State Comptroller and State Treasurer shall
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1 pay the apportioned amounts to the designated retirement
2 systems to fund the unfunded liabilities of the designated
3 retirement systems. The amount apportioned to each designated
4 retirement system shall constitute a portion of the amount
5 estimated to be available for appropriation from the State
6 Pensions Fund that is the same as that retirement system's
7 portion of the total actual reserve deficiency of the systems,
8 as determined annually by the Governor's Office of Management
9 and Budget at the request of the State Treasurer. The amounts
10 apportioned under this subsection shall not reduce the amount
11 in the State Pensions Fund below $5,000,000.
12 (d) The Governor's Office of Management and Budget shall
13 determine the individual and total reserve deficiencies of the
14 designated retirement systems. For this purpose, the
15 Governor's Office of Management and Budget shall utilize the
16 latest available audit and actuarial reports of each of the
17 retirement systems and the relevant reports and statistics of
18 the Public Employee Pension Fund Division of the Department of
19 Insurance.
20 (d-1) (Blank).
21 (e) The changes to this Section made by Public Act 88-593
22 shall first apply to distributions from the Fund for State
23 fiscal year 1996.
24 (Source: P.A. 102-16, eff. 6-17-21; 102-699, eff. 4-19-22;
25 103-8, eff. 6-7-23; 103-588, eff. 6-5-24.)
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1 (30 ILCS 105/8g)
2 Sec. 8g. Fund transfers.
3 (a) (Blank).
4 (b) (Blank).
5 (c) In addition to any other transfers that may be
6 provided for by law, on August 30 of each fiscal year's license
7 period, the Illinois Liquor Control Commission shall direct
8 and the State Comptroller and State Treasurer shall transfer
9 from the General Revenue Fund to the Youth Alcoholism and
10 Substance Abuse Prevention Fund an amount equal to the number
11 of retail liquor licenses issued for that fiscal year
12 multiplied by $50. This subsection (c) is inoperative from
13 July 1, 2025, through June 30, 2026.
14 (d) The payments to programs required under subsection (d)
15 of Section 28.1 of the Illinois Horse Racing Act of 1975 shall
16 be made, pursuant to appropriation, from the special funds
17 referred to in the statutes cited in that subsection, rather
18 than directly from the General Revenue Fund.
19 Beginning January 1, 2000, on the first day of each month,
20 or as soon as may be practical thereafter, the State
21 Comptroller shall direct and the State Treasurer shall
22 transfer from the General Revenue Fund to each of the special
23 funds from which payments are to be made under subsection (d)
24 of Section 28.1 of the Illinois Horse Racing Act of 1975 an
25 amount equal to 1/12 of the annual amount required for those
26 payments from that special fund, which annual amount shall not
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1 exceed the annual amount for those payments from that special
2 fund for the calendar year 1998. The special funds to which
3 transfers shall be made under this subsection (d) include, but
4 are not necessarily limited to, the Agricultural Premium Fund;
5 the Metropolitan Exposition, Auditorium and Office Building
6 Fund, but only through fiscal year 2021 and not thereafter;
7 the Fair and Exposition Fund; the Illinois Standardbred
8 Breeders Fund; the Illinois Thoroughbred Breeders Fund; and
9 the Illinois Veterans' Rehabilitation Fund. Except for
10 transfers attributable to prior fiscal years, during State
11 fiscal year 2020 only, no transfers shall be made from the
12 General Revenue Fund to the Agricultural Premium Fund, the
13 Fair and Exposition Fund, the Illinois Standardbred Breeders
14 Fund, or the Illinois Thoroughbred Breeders Fund.
15 (Source: P.A. 101-10, eff. 6-5-19; 102-16, eff. 6-17-21;
16 102-558, eff. 8-20-21.)
17 (30 ILCS 105/8g-1)
18 Sec. 8g-1. Fund transfers.
19 (a) (Blank).
20 (b) (Blank).
21 (c) (Blank).
22 (d) (Blank).
23 (e) (Blank).
24 (f) (Blank).
25 (g) (Blank).
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1 (h) (Blank).
2 (i) (Blank).
3 (j) (Blank).
4 (k) (Blank).
5 (l) (Blank).
6 (m) (Blank).
7 (n) (Blank).
8 (o) (Blank).
9 (p) (Blank).
10 (q) (Blank).
11 (r) (Blank).
12 (s) (Blank).
13 (t) (Blank).
14 (u) (Blank).
15 (v) (Blank).
16 (w) (Blank).
17 (x) (Blank).
18 (y) (Blank).
19 (z) (Blank).
20 (aa) (Blank).
21 (bb) (Blank).
22 (cc) (Blank).
23 (dd) (Blank).
24 (ee) (Blank).
25 (ff) (Blank).
26 (gg) (Blank).
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1 (hh) (Blank).
2 (ii) (Blank).
3 (jj) (Blank).
4 (kk) (Blank).
5 (ll) (Blank).
6 (mm) In addition to any other transfers that may be
7 provided for by law, beginning on the effective date of the
8 changes made to this Section by this amendatory Act of the
9 103rd General Assembly and until June 30, 2024, as directed by
10 the Governor, the State Comptroller shall direct and the State
11 Treasurer shall transfer up to a total of $1,500,000,000 from
12 the General Revenue Fund to the State Coronavirus Urgent
13 Remediation Emergency Fund.
14 (nn) In addition to any other transfers that may be
15 provided for by law, beginning on the effective date of the
16 changes made to this Section by this amendatory Act of the
17 103rd General Assembly and until June 30, 2024, as directed by
18 the Governor, the State Comptroller shall direct and the State
19 Treasurer shall transfer up to a total of $424,000,000 from
20 the General Revenue Fund to the Build Illinois Bond Fund.
21 (oo) In addition to any other transfers that may be
22 provided for by law, on July 1, 2023, or as soon thereafter as
23 practical, the State Comptroller shall direct and the State
24 Treasurer shall transfer the sum of $500,000 from the General
25 Revenue Fund to the Governor's Administrative Fund.
26 (pp) In addition to any other transfers that may be
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1 provided for by law, on July 1, 2023, or as soon thereafter as
2 practical, the State Comptroller shall direct and the State
3 Treasurer shall transfer the sum of $500,000 from the General
4 Revenue Fund to the Grant Accountability and Transparency
5 Fund.
6 (qq) In addition to any other transfers that may be
7 provided for by law, beginning on the effective date of the
8 changes made to this Section by this amendatory Act of the
9 103rd General Assembly and until June 30, 2024, as directed by
10 the Governor, the State Comptroller shall direct and the State
11 Treasurer shall transfer up to a total of $350,000,000 from
12 the General Revenue Fund to the Fund for Illinois' Future.
13 (rr) In addition to any other transfers that may be
14 provided for by law, on July 1, 2024, or as soon thereafter as
15 practical, the State Comptroller shall direct and the State
16 Treasurer shall transfer the sum of $500,000 from the General
17 Revenue Fund to the Governor's Administrative Fund.
18 (ss) In addition to any other transfers that may be
19 provided for by law, on July 1, 2024, or as soon thereafter as
20 practical, the State Comptroller shall direct and the State
21 Treasurer shall transfer the sum of $500,000 from the General
22 Revenue Fund to the Grant Accountability and Transparency
23 Fund.
24 (tt) In addition to any other transfers that may be
25 provided for by law, on July 1, 2024, 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 $25,000,000 from the
2 Violent Crime Witness Protection Program Fund to the General
3 Revenue Fund.
4 In addition to any other transfers that may be provided
5 for by law, beginning on the effective date of the changes made
6 to this Section by this amendatory Act of the 104th General
7 Assembly and until June 30, 2025, as directed by the Governor,
8 the State Comptroller shall direct and the State Treasurer
9 shall transfer up to a total of $370,000,000 from the General
10 Revenue Fund to the Fund for Illinois' Future.
11 In addition to any other transfers that may be provided
12 for by law, on July 1, 2025, or as soon thereafter as
13 practical, the State Comptroller shall direct and the State
14 Treasurer shall transfer the sum of $500,000 from the General
15 Revenue Fund to the Governor's Administrative Fund.
16 In addition to any other transfers that may be provided
17 for by law, on July 1, 2025, or as soon thereafter as
18 practical, the State Comptroller shall direct and the State
19 Treasurer shall transfer the sum of $100,000 from the General
20 Revenue Fund to the Grant Accountability and Transparency
21 Fund.
22 In addition to any other transfers that may be provided
23 for by law, on July 1, 2025, or as soon thereafter as
24 practical, the State Comptroller shall direct and the State
25 Treasurer shall transfer the sum of $5,000,000 from the
26 General Revenue Fund to the DHS State Projects Fund.
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1 In addition to any other transfers that may be provided
2 for by law, on July 1, 2025, or as soon thereafter as
3 practical, the State Comptroller shall direct and the State
4 Treasurer shall transfer the sum of $4,000,000 from the
5 Capital Projects Fund to the Capital Development Board
6 Revolving Fund.
7 In addition to any other transfers that may be provided
8 for by law, on July 1, 2025, or as soon thereafter as
9 practical, the State Comptroller shall direct and the State
10 Treasurer shall transfer the sum of $15,000,000 from the
11 Criminal Justice Information Projects Fund to the Department
12 of Human Services Community Services Fund.
13 In addition to any other transfers that may be provided
14 for by law, on July 1, 2025, or as soon thereafter as
15 practical, the State Comptroller shall direct and the State
16 Treasurer shall transfer the sum of $5,000,000 from the
17 Underground Storage Tank Fund to the Brownfields Redevelopment
18 Fund.
19 In addition to any other transfers that may be provided
20 for by law, on July 1, 2025, or as soon thereafter as
21 practical, the State Comptroller shall direct and the State
22 Treasurer shall transfer the sum of $10,000,000 from the State
23 Police Services Fund to the State Police Operations Assistance
24 Fund.
25 In addition to any other transfers that may be provided
26 for by law, on the effective date of this amendatory Act of the
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1 104th General Assembly or as soon thereafter as practical, but
2 no later than June 30, 2025, the State Comptroller shall
3 direct and the State Treasurer shall transfer $200,000,000
4 from the General Revenue Fund to the Technology Management
5 Revolving Fund.
6 In addition to any other transfers that may be provided
7 for by law, on July 1, 2025, or as soon thereafter as
8 practical, the State Comptroller shall direct and the State
9 Treasurer shall transfer $3,000,000 from the Compassionate Use
10 of Medical Cannabis Fund to the Department of Human Services
11 Community Services Fund.
12 In addition to any other transfers that may be provided
13 for by law, on July 1, 2025, or as soon thereafter as
14 practical, the State Comptroller shall direct and the State
15 Treasurer shall transfer $75,000,000 from the General Revenue
16 Fund to the Tier 2 SSWB Reserve Fund.
17 In addition to any other transfers that may be provided
18 for by law, on July 1, 2025, or as soon thereafter as
19 practical, the State Comptroller shall direct and the State
20 Treasurer shall transfer $6,000,000 from the Illinois
21 Agricultural Loan Guarantee Fund to the General Revenue Fund.
22 In addition to any other transfers that may be provided
23 for by law, on July 1, 2025, or as soon thereafter as
24 practical, the State Comptroller shall direct and the State
25 Treasurer shall transfer $4,000,000 from the Illinois Farmer
26 and Agribusiness Loan Guarantee Fund to the General Revenue
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1 Fund.
2 In addition to any other transfers that may be provided
3 for by law, on July 1, 2025, or as soon thereafter as
4 practical, the State Comptroller shall direct and the State
5 Treasurer shall transfer $20,000,000 from the Insurance
6 Producer Administration Fund to the General Revenue Fund.
7 In addition to any other transfers that may be provided
8 for by law, on July 1, 2025, or as soon thereafter as
9 practical, the State Comptroller shall direct and the State
10 Treasurer shall transfer the sum of $12,500,000 from the
11 Compassionate Use of Medical Cannabis Fund to the Statewide
12 9-8-8 Trust Fund. Beginning June 30, 2026, at the direction of
13 the Secretary of Human Services, the State Comptroller shall
14 direct and the State Treasurer shall transfer the sum of
15 $12,500,000 from the Statewide 9-8-8 Trust Fund to the
16 Compassionate Use of Medical Cannabis Fund.
17 (Source: P.A. 102-16, eff. 6-17-21; 102-699, eff. 4-19-22;
18 102-700, Article 40, Section 40-5, eff. 4-19-22; 102-700,
19 Article 80, Section 80-5, eff. 4-19-22; 102-1115, eff. 1-9-23;
20 103-8, eff. 6-7-23; 103-588, eff. 6-5-24; revised 7-24-24.)
21 (30 ILCS 105/13.2) (from Ch. 127, par. 149.2)
22 Sec. 13.2. Transfers among line item appropriations.
23 (a) Transfers among line item appropriations from the same
24 treasury fund for the objects specified in this Section may be
25 made in the manner provided in this Section when the balance
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1 remaining in one or more such line item appropriations is
2 insufficient for the purpose for which the appropriation was
3 made.
4 (a-1) No transfers may be made from one agency to another
5 agency, nor may transfers be made from one institution of
6 higher education to another institution of higher education
7 except as provided by subsections subsection (a-4) and (a-5).
8 (a-2) Except as otherwise provided in this Section,
9 transfers may be made only among the objects of expenditure
10 enumerated in this Section, except that no funds may be
11 transferred from any appropriation for personal services, from
12 any appropriation for State contributions to the State
13 Employees' Retirement System, from any separate appropriation
14 for employee retirement contributions paid by the employer,
15 nor from any appropriation for State contribution for employee
16 group insurance.
17 (a-2.5) (Blank).
18 (a-3) Further, if an agency receives a separate
19 appropriation for employee retirement contributions paid by
20 the employer, any transfer by that agency into an
21 appropriation for personal services must be accompanied by a
22 corresponding transfer into the appropriation for employee
23 retirement contributions paid by the employer, in an amount
24 sufficient to meet the employer share of the employee
25 contributions required to be remitted to the retirement
26 system.
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1 (a-4) Long-Term Care Rebalancing. The Governor may
2 designate amounts set aside for institutional services
3 appropriated from the General Revenue Fund or any other State
4 fund that receives monies for long-term care services to be
5 transferred to all State agencies responsible for the
6 administration of community-based long-term care programs,
7 including, but not limited to, community-based long-term care
8 programs administered by the Department of Healthcare and
9 Family Services, the Department of Human Services, and the
10 Department on Aging, provided that the Director of Healthcare
11 and Family Services first certifies that the amounts being
12 transferred are necessary for the purpose of assisting persons
13 in or at risk of being in institutional care to transition to
14 community-based settings, including the financial data needed
15 to prove the need for the transfer of funds. The total amounts
16 transferred shall not exceed 4% in total of the amounts
17 appropriated from the General Revenue Fund or any other State
18 fund that receives monies for long-term care services for each
19 fiscal year. A notice of the fund transfer must be made to the
20 General Assembly and posted at a minimum on the Department of
21 Healthcare and Family Services website, the Governor's Office
22 of Management and Budget website, and any other website the
23 Governor sees fit. These postings shall serve as notice to the
24 General Assembly of the amounts to be transferred. Notice
25 shall be given at least 30 days prior to transfer.
26 (a-5) Early Childhood Rebalancing. Notwithstanding any
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1 other provision of this Section, during State fiscal year 2026
2 only, the Governor may designate amounts set aside for any
3 costs of the Department of Early Childhood appropriated from
4 the General Revenue Fund to be transferred to the Department
5 of Early Childhood or to the Department of Human Services,
6 provided that both (i) the Secretary of Early Childhood or the
7 Secretary of Early Childhood's designee and (ii) the Secretary
8 of Human Services or the Secretary of Human Services'
9 designee, first certify that the amounts being transferred are
10 necessary for achieving the purposes of the Department of
11 Early Childhood Act. The Governor shall provide notice of any
12 transfers under this subsection (a-5) to the State Comptroller
13 as provided in subsection (d).
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
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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).
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1 (c-7) (Blank).
2 (c-8) (Blank).
3 (c-9) (Blank).
4 (c-10) (Blank). Special provisions for State fiscal year
5 2024. Notwithstanding any other provision of this Section, for
6 State fiscal year 2024, transfers among line item
7 appropriations to a State agency from the same State treasury
8 fund may be made for operational or lump sum expenses only,
9 provided that the sum of such transfers for a State agency in
10 State fiscal year 2024 shall not exceed 8% of the aggregate
11 amount appropriated to that State agency for operational or
12 lump sum expenses for State fiscal year 2024. For the purpose
13 of this subsection, "operational or lump sum expenses"
14 includes the following objects: personal services; extra help;
15 student and inmate compensation; State contributions to
16 retirement systems; State contributions to social security;
17 State contributions for employee group insurance; contractual
18 services; travel; commodities; printing; equipment; electronic
19 data processing; operation of automotive equipment;
20 telecommunications services; travel and allowance for
21 committed, paroled, and discharged prisoners; library books;
22 federal matching grants for student loans; refunds; workers'
23 compensation, occupational disease, and tort claims; late
24 interest penalties under the State Prompt Payment Act and
25 Sections 368a and 370a of the Illinois Insurance Code; lump
26 sum and other purposes; and lump sum operations. For the
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1 purpose of this subsection, "State agency" does not include
2 the Attorney General, the Comptroller, the Treasurer, or the
3 judicial or legislative branches.
4 (c-11) Special provisions for State fiscal year 2025.
5 Notwithstanding any other provision of this Section, for State
6 fiscal year 2025, transfers among line item appropriations to
7 a State agency from the same State treasury fund may be made
8 for operational or lump sum expenses only, provided that the
9 sum of such transfers for a State agency in State fiscal year
10 2025 shall not exceed 4% of the aggregate amount appropriated
11 to that State agency for operational or lump sum expenses for
12 State fiscal year 2025. For the purpose of this subsection,
13 "operational or lump sum expenses" includes the following
14 objects: personal services; extra help; student and inmate
15 compensation; State contributions to retirement systems; State
16 contributions to social security; State contributions for
17 employee group insurance; contractual services; travel;
18 commodities; printing; equipment; electronic data processing;
19 operation of automotive equipment; telecommunications
20 services; travel and allowance for committed, paroled, and
21 discharged prisoners; library books; federal matching grants
22 for student loans; refunds; workers' compensation,
23 occupational disease, and tort claims; late interest penalties
24 under the State Prompt Payment Act and Sections 368a and 370a
25 of the Illinois Insurance Code; lump sum and other purposes;
26 and lump sum operations. For the purpose of this subsection,
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1 "State agency" does not include the Attorney General, the
2 Comptroller, the Treasurer, or the judicial or legislative
3 branches.
4 (c-12) Special provisions for State fiscal year 2026.
5 Notwithstanding any other provision of this Section, for State
6 fiscal year 2026, transfers among line item appropriations to
7 a State agency from the same State treasury fund may be made
8 for operational or lump sum expenses only, provided that the
9 sum of such transfers for a State agency in State fiscal year
10 2026 shall not exceed 4% of the aggregate amount appropriated
11 to that State agency for operational or lump sum expenses for
12 State fiscal year 2026. For the purpose of this subsection,
13 "operational or lump sum expenses" includes the following
14 objects: personal services; extra help; student and inmate
15 compensation; State contributions to retirement systems; State
16 contributions to social security; State contributions for
17 employee group insurance; contractual services; travel;
18 commodities; printing; equipment; electronic data processing;
19 operation of automotive equipment; telecommunications
20 services; travel and allowance for committed, paroled, and
21 discharged prisoners; library books; federal matching grants
22 for student loans; refunds; workers' compensation,
23 occupational disease, and tort claims; late interest penalties
24 under the State Prompt Payment Act and Sections 368a and 370a
25 of the Illinois Insurance Code; lump sum and other purposes;
26 and lump sum operations. For the purpose of this subsection,
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1 "State agency" does not include the Attorney General, the
2 Comptroller, the Treasurer, or the judicial or legislative
3 branches.
4 (d) Transfers among appropriations made to agencies of the
5 Legislative and Judicial departments and to the
6 constitutionally elected officers in the Executive branch
7 require the approval of the officer authorized in Section 10
8 of this Act to approve and certify vouchers. Transfers among
9 appropriations made to the University of Illinois, Southern
10 Illinois University, Chicago State University, Eastern
11 Illinois University, Governors State University, Illinois
12 State University, Northeastern Illinois University, Northern
13 Illinois University, Western Illinois University, the Illinois
14 Mathematics and Science Academy and the Board of Higher
15 Education require the approval of the Board of Higher
16 Education and the Governor. Transfers among appropriations to
17 all other agencies require the approval of the Governor.
18 The officer responsible for approval shall certify that
19 the transfer is necessary to carry out the programs and
20 purposes for which the appropriations were made by the General
21 Assembly and shall transmit to the State Comptroller a
22 certified copy of the approval which shall set forth the
23 specific amounts transferred so that the Comptroller may
24 change his records accordingly. The Comptroller shall furnish
25 the Governor with information copies of all transfers approved
26 for agencies of the Legislative and Judicial departments and
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1 transfers approved by the constitutionally elected officials
2 of the Executive branch other than the Governor, showing the
3 amounts transferred and indicating the dates such changes were
4 entered on the Comptroller's records.
5 (e) The State Board of Education, in consultation with the
6 State Comptroller, may transfer line item appropriations for
7 General State Aid or Evidence-Based Funding among the Common
8 School Fund and the Education Assistance Fund, and, for State
9 fiscal year 2020 and each fiscal year thereafter, the Fund for
10 the Advancement of Education. With the advice and consent of
11 the Governor's Office of Management and Budget, the State
12 Board of Education, in consultation with the State
13 Comptroller, may transfer line item appropriations between the
14 General Revenue Fund and the Education Assistance Fund for the
15 following programs:
16 (1) Disabled Student Personnel Reimbursement (Section
17 14-13.01 of the School Code);
18 (2) Disabled Student Transportation Reimbursement
19 (subsection (b) of Section 14-13.01 of the School Code);
20 (3) Disabled Student Tuition - Private Tuition
21 (Section 14-7.02 of the School Code);
22 (4) Extraordinary Special Education (Section 14-7.02b
23 of the School Code);
24 (5) Reimbursement for Free Lunch/Breakfast Programs;
25 (6) Summer School Payments (Section 18-4.3 of the
26 School Code);
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1 (7) Transportation - Regular/Vocational Reimbursement
2 (Section 29-5 of the School Code);
3 (8) Regular Education Reimbursement (Section 18-3 of
4 the School Code); and
5 (9) Special Education Reimbursement (Section 14-7.03
6 of the School Code).
7 (f) For State fiscal year 2020 and each fiscal year
8 thereafter, the Department on Aging, in consultation with the
9 State Comptroller, with the advice and consent of the
10 Governor's Office of Management and Budget, may transfer line
11 item appropriations for purchase of services covered by the
12 Community Care Program between the General Revenue Fund and
13 the Commitment to Human Services Fund.
14 (g) For State fiscal year 2024 and each fiscal year
15 thereafter, if requested by an agency chief executive officer
16 and authorized and approved by the Comptroller, the
17 Comptroller may direct and the Treasurer shall transfer funds
18 from the General Revenue Fund to fund payroll expenses that
19 meet the payroll transaction exception criteria as defined by
20 the Comptroller in the Statewide Accounting Management System
21 (SAMS) Manual. The agency shall then transfer these funds back
22 to the General Revenue Fund within 30 7 days.
23 (Source: P.A. 102-16, eff. 6-17-21; 102-699, eff. 4-19-22;
24 103-8, eff. 6-7-23; 103-588, eff. 6-5-24.)
25 Section 5-35. The State Revenue Sharing Act is amended by
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1 changing Section 12 as follows:
2 (30 ILCS 115/12) (from Ch. 85, par. 616)
3 Sec. 12. Personal Property Tax Replacement Fund. There is
4 hereby created the Personal Property Tax Replacement Fund, a
5 special fund in the State Treasury into which shall be paid all
6 revenue realized:
7 (a) all amounts realized from the additional personal
8 property tax replacement income tax imposed by subsections
9 (c) and (d) of Section 201 of the Illinois Income Tax Act,
10 except for those amounts deposited into the Income Tax
11 Refund Fund pursuant to subsection (c) of Section 901 of
12 the Illinois Income Tax Act; and
13 (b) all amounts realized from the additional personal
14 property replacement invested capital taxes imposed by
15 Section 2a.1 of the Messages Tax Act, Section 2a.1 of the
16 Gas Revenue Tax Act, Section 2a.1 of the Public Utilities
17 Revenue Act, and Section 3 of the Water Company Invested
18 Capital Tax Act, and amounts payable to the Department of
19 Revenue under the Telecommunications Infrastructure
20 Maintenance Fee Act.
21 As soon as may be after the end of each month, the
22 Department of Revenue shall certify to the Treasurer and the
23 Comptroller the amount of all refunds paid out of the General
24 Revenue Fund through the preceding month on account of
25 overpayment of liability on taxes paid into the Personal
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1 Property Tax Replacement Fund. Upon receipt of such
2 certification, the Treasurer and the Comptroller shall
3 transfer the amount so certified from the Personal Property
4 Tax Replacement Fund into the General Revenue Fund.
5 The payments of revenue into the Personal Property Tax
6 Replacement Fund shall be used exclusively for distribution to
7 taxing districts, regional offices and officials, and local
8 officials as provided in this Section and in the School Code,
9 payment of the ordinary and contingent expenses of the
10 Property Tax Appeal Board, payment of the expenses of the
11 Department of Revenue incurred in administering the collection
12 and distribution of monies paid into the Personal Property Tax
13 Replacement Fund and transfers due to refunds to taxpayers for
14 overpayment of liability for taxes paid into the Personal
15 Property Tax Replacement Fund.
16 In addition, moneys in the Personal Property Tax
17 Replacement Fund may be used to pay any of the following: (i)
18 salary, stipends, and additional compensation as provided by
19 law for chief election clerks, county clerks, and county
20 recorders; (ii) costs associated with regional offices of
21 education and educational service centers; (iii)
22 reimbursements payable by the State Board of Elections under
23 Section 4-25, 5-35, 6-71, 13-10, 13-10a, or 13-11 of the
24 Election Code; (iv) expenses of the Illinois Educational Labor
25 Relations Board; and (v) salary, personal services, and
26 additional compensation as provided by law for court reporters
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1 under the Court Reporters Act.
2 As soon as may be after June 26, 1980 (the effective date
3 of Public Act 81-1255), the Department of Revenue shall
4 certify to the Treasurer the amount of net replacement revenue
5 paid into the General Revenue Fund prior to that effective
6 date from the additional tax imposed by Section 2a.1 of the
7 Messages Tax Act; Section 2a.1 of the Gas Revenue Tax Act;
8 Section 2a.1 of the Public Utilities Revenue Act; Section 3 of
9 the Water Company Invested Capital Tax Act; amounts collected
10 by the Department of Revenue under the Telecommunications
11 Infrastructure Maintenance Fee Act; and the additional
12 personal property tax replacement income tax imposed by the
13 Illinois Income Tax Act, as amended by Public Act 81-1st
14 Special Session-1. Net replacement revenue shall be defined as
15 the total amount paid into and remaining in the General
16 Revenue Fund as a result of those Acts minus the amount
17 outstanding and obligated from the General Revenue Fund in
18 state vouchers or warrants prior to June 26, 1980 (the
19 effective date of Public Act 81-1255) as refunds to taxpayers
20 for overpayment of liability under those Acts.
21 All interest earned by monies accumulated in the Personal
22 Property Tax Replacement Fund shall be deposited into in such
23 Fund. All amounts allocated pursuant to this Section are
24 appropriated on a continuing basis.
25 Prior to December 31, 1980, as soon as may be after the end
26 of each quarter beginning with the quarter ending December 31,
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1 1979, and on and after December 31, 1980, as soon as may be
2 after January 1, March 1, April 1, May 1, July 1, August 1,
3 October 1 and December 1 of each year, the Department of
4 Revenue shall allocate to each taxing district as defined in
5 Section 1-150 of the Property Tax Code, in accordance with the
6 provisions of paragraph (2) of this Section the portion of the
7 funds held in the Personal Property Tax Replacement Fund which
8 is required to be distributed, as provided in paragraph (1),
9 for each quarter. Provided, however, under no circumstances
10 shall any taxing district during each of the first 2 two years
11 of distribution of the taxes imposed by Public Act 81-1st
12 Special Session-1 be entitled to an annual allocation which is
13 less than the funds such taxing district collected from the
14 1978 personal property tax. Provided further that under no
15 circumstances shall any taxing district during the third year
16 of distribution of the taxes imposed by Public Act 81-1st
17 Special Session-1 receive less than 60% of the funds such
18 taxing district collected from the 1978 personal property tax.
19 In the event that the total of the allocations made as above
20 provided for all taxing districts, during either of such 3
21 years, exceeds the amount available for distribution the
22 allocation of each taxing district shall be proportionately
23 reduced. Except as provided in Section 13 of this Act, the
24 Department shall then certify, pursuant to appropriation, such
25 allocations to the State Comptroller who shall pay over to the
26 several taxing districts the respective amounts allocated to
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1 them.
2 Any township which receives an allocation based in whole
3 or in part upon personal property taxes which it levied
4 pursuant to Section 6-507 or 6-512 of the Illinois Highway
5 Code and which was previously required to be paid over to a
6 municipality shall immediately pay over to that municipality a
7 proportionate share of the personal property replacement funds
8 which such township receives.
9 Any municipality or township, other than a municipality
10 with a population in excess of 500,000, which receives an
11 allocation based in whole or in part on personal property
12 taxes which it levied pursuant to Sections 3-1, 3-4 and 3-6 of
13 the Illinois Local Library Act and which was previously
14 required to be paid over to a public library shall immediately
15 pay over to that library a proportionate share of the personal
16 property tax replacement funds which such municipality or
17 township receives; provided that if such a public library has
18 converted to a library organized under the Illinois Public
19 Library District Act, regardless of whether such conversion
20 has occurred on, after or before January 1, 1988, such
21 proportionate share shall be immediately paid over to the
22 library district which maintains and operates the library.
23 However, any library that has converted prior to January 1,
24 1988, and which hitherto has not received the personal
25 property tax replacement funds, shall receive such funds
26 commencing on January 1, 1988.
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1 Any township which receives an allocation based in whole
2 or in part on personal property taxes which it levied pursuant
3 to Section 1c of the Public Graveyards Act and which taxes were
4 previously required to be paid over to or used for such public
5 cemetery or cemeteries shall immediately pay over to or use
6 for such public cemetery or cemeteries a proportionate share
7 of the personal property tax replacement funds which the
8 township receives.
9 Any taxing district which receives an allocation based in
10 whole or in part upon personal property taxes which it levied
11 for another governmental body or school district in Cook
12 County in 1976 or for another governmental body or school
13 district in the remainder of the State in 1977 shall
14 immediately pay over to that governmental body or school
15 district the amount of personal property replacement funds
16 which such governmental body or school district would receive
17 directly under the provisions of paragraph (2) of this
18 Section, had it levied its own taxes.
19 (1) The portion of the Personal Property Tax
20 Replacement Fund required to be distributed as of the time
21 allocation is required to be made shall be the amount
22 available in such Fund as of the time allocation is
23 required to be made.
24 The amount available for distribution shall be the
25 total amount in the fund at such time minus the necessary
26 administrative and other authorized expenses as limited by
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1 the appropriation and the amount determined by: (a) $2.8
2 million for fiscal year 1981; (b) for fiscal year 1982,
3 .54% of the funds distributed from the fund during the
4 preceding fiscal year; (c) for fiscal year 1983 through
5 fiscal year 1988, .54% of the funds distributed from the
6 fund during the preceding fiscal year less .02% of such
7 fund for fiscal year 1983 and less .02% of such funds for
8 each fiscal year thereafter; (d) for fiscal year 1989
9 through fiscal year 2011 no more than 105% of the actual
10 administrative expenses of the prior fiscal year; (e) for
11 fiscal year 2012 and beyond, a sufficient amount to pay
12 (i) stipends, additional compensation, salary
13 reimbursements, and other amounts directed to be paid out
14 of this Fund for local officials as authorized or required
15 by statute and (ii) the ordinary and contingent expenses
16 of the Property Tax Appeal Board and the expenses of the
17 Department of Revenue incurred in administering the
18 collection and distribution of moneys paid into the Fund;
19 (f) for fiscal years 2012 and 2013 only, a sufficient
20 amount to pay stipends, additional compensation, salary
21 reimbursements, and other amounts directed to be paid out
22 of this Fund for regional offices and officials as
23 authorized or required by statute; or (g) for fiscal years
24 2018 through 2026 2025 only, a sufficient amount to pay
25 amounts directed to be paid out of this Fund for public
26 community college base operating grants and local health
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1 protection grants to certified local health departments as
2 authorized or required by appropriation or statute; and
3 (h) for fiscal year 2026 only, a sufficient amount to pay
4 amounts directed to be paid out of this Fund for costs
5 associated with the Illinois Century Network and broadband
6 projects as authorized or required by appropriation or
7 statute. Such portion of the fund shall be determined
8 after the transfer into the General Revenue Fund due to
9 refunds, if any, paid from the General Revenue Fund during
10 the preceding quarter. If at any time, for any reason,
11 there is insufficient amount in the Personal Property Tax
12 Replacement Fund for payments for regional offices and
13 officials or local officials or payment of costs of
14 administration or for transfers due to refunds at the end
15 of any particular month, the amount of such insufficiency
16 shall be carried over for the purposes of payments for
17 regional offices and officials, local officials, transfers
18 into the General Revenue Fund, and costs of administration
19 to the following month or months. Net replacement revenue
20 held, and defined above, shall be transferred by the
21 Treasurer and Comptroller to the Personal Property Tax
22 Replacement Fund within 10 days of such certification.
23 (2) Each quarterly allocation shall first be
24 apportioned in the following manner: 51.65% for taxing
25 districts in Cook County and 48.35% for taxing districts
26 in the remainder of the State.
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1 The Personal Property Replacement Ratio of each taxing
2 district outside Cook County shall be the ratio which the Tax
3 Base of that taxing district bears to the Downstate Tax Base.
4 The Tax Base of each taxing district outside of Cook County is
5 the personal property tax collections for that taxing district
6 for the 1977 tax year. The Downstate Tax Base is the personal
7 property tax collections for all taxing districts in the State
8 outside of Cook County for the 1977 tax year. The Department of
9 Revenue shall have authority to review for accuracy and
10 completeness the personal property tax collections for each
11 taxing district outside Cook County for the 1977 tax year.
12 The Personal Property Replacement Ratio of each Cook
13 County taxing district shall be the ratio which the Tax Base of
14 that taxing district bears to the Cook County Tax Base. The Tax
15 Base of each Cook County taxing district is the personal
16 property tax collections for that taxing district for the 1976
17 tax year. The Cook County Tax Base is the personal property tax
18 collections for all taxing districts in Cook County for the
19 1976 tax year. The Department of Revenue shall have authority
20 to review for accuracy and completeness the personal property
21 tax collections for each taxing district within Cook County
22 for the 1976 tax year.
23 For all purposes of this Section 12, amounts paid to a
24 taxing district for such tax years as may be applicable by a
25 foreign corporation under the provisions of Section 7-202 of
26 the Public Utilities Act, as amended, shall be deemed to be
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1 personal property taxes collected by such taxing district for
2 such tax years as may be applicable. The Director shall
3 determine from the Illinois Commerce Commission, for any tax
4 year as may be applicable, the amounts so paid by any such
5 foreign corporation to any and all taxing districts. The
6 Illinois Commerce Commission shall furnish such information to
7 the Director. For all purposes of this Section 12, the
8 Director shall deem such amounts to be collected personal
9 property taxes of each such taxing district for the applicable
10 tax year or years.
11 Taxing districts located both in Cook County and in one or
12 more other counties shall receive both a Cook County
13 allocation and a Downstate allocation determined in the same
14 way as all other taxing districts.
15 If any taxing district in existence on July 1, 1979 ceases
16 to exist, or discontinues its operations, its Tax Base shall
17 thereafter be deemed to be zero. If the powers, duties and
18 obligations of the discontinued taxing district are assumed by
19 another taxing district, the Tax Base of the discontinued
20 taxing district shall be added to the Tax Base of the taxing
21 district assuming such powers, duties and obligations.
22 If 2 two or more taxing districts in existence on July 1,
23 1979, or a successor or successors thereto shall consolidate
24 into one taxing district, the Tax Base of such consolidated
25 taxing district shall be the sum of the Tax Bases of each of
26 the taxing districts which have consolidated.
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1 If a single taxing district in existence on July 1, 1979,
2 or a successor or successors thereto shall be divided into 2
3 two or more separate taxing districts, the tax base of the
4 taxing district so divided shall be allocated to each of the
5 resulting taxing districts in proportion to the then current
6 equalized assessed value of each resulting taxing district.
7 If a portion of the territory of a taxing district is
8 disconnected and annexed to another taxing district of the
9 same type, the Tax Base of the taxing district from which
10 disconnection was made shall be reduced in proportion to the
11 then current equalized assessed value of the disconnected
12 territory as compared with the then current equalized assessed
13 value within the entire territory of the taxing district prior
14 to disconnection, and the amount of such reduction shall be
15 added to the Tax Base of the taxing district to which
16 annexation is made.
17 If a community college district is created after July 1,
18 1979, beginning on January 1, 1996 (the effective date of
19 Public Act 89-327), its Tax Base shall be 3.5% of the sum of
20 the personal property tax collected for the 1977 tax year
21 within the territorial jurisdiction of the district.
22 The amounts allocated and paid to taxing districts
23 pursuant to the provisions of Public Act 81-1st Special
24 Session-1 shall be deemed to be substitute revenues for the
25 revenues derived from taxes imposed on personal property
26 pursuant to the provisions of the "Revenue Act of 1939" or "An
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1 Act for the assessment and taxation of private car line
2 companies", approved July 22, 1943, as amended, or Section 414
3 of the Illinois Insurance Code, prior to the abolition of such
4 taxes and shall be used for the same purposes as the revenues
5 derived from ad valorem taxes on real estate.
6 Monies received by any taxing districts from the Personal
7 Property Tax Replacement Fund shall be first applied toward
8 payment of the proportionate amount of debt service which was
9 previously levied and collected from extensions against
10 personal property on bonds outstanding as of December 31, 1978
11 and next applied toward payment of the proportionate share of
12 the pension or retirement obligations of the taxing district
13 which were previously levied and collected from extensions
14 against personal property. For each such outstanding bond
15 issue, the County Clerk shall determine the percentage of the
16 debt service which was collected from extensions against real
17 estate in the taxing district for 1978 taxes payable in 1979,
18 as related to the total amount of such levies and collections
19 from extensions against both real and personal property. For
20 1979 and subsequent years' taxes, the County Clerk shall levy
21 and extend taxes against the real estate of each taxing
22 district which will yield the said percentage or percentages
23 of the debt service on such outstanding bonds. The balance of
24 the amount necessary to fully pay such debt service shall
25 constitute a first and prior lien upon the monies received by
26 each such taxing district through the Personal Property Tax
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1 Replacement Fund and shall be first applied or set aside for
2 such purpose. In counties having fewer than 3,000,000
3 inhabitants, the amendments to this paragraph as made by
4 Public Act 81-1255 shall be first applicable to 1980 taxes to
5 be collected in 1981.
6 (Source: P.A. 102-16, eff. 6-17-21; 102-699, eff. 4-19-22;
7 103-8, eff. 6-7-23; 103-588, eff. 6-5-24.)
8 Section 5-40. The Agricultural Fair Act is amended by
9 changing Sections 9, 13, 17, 18, and 20 as follows:
10 (30 ILCS 120/9) (from Ch. 85, par. 659)
11 Sec. 9. Premiums. The formulas for distributing monies
12 from the Agricultural Premium Fund or the Fair and Exposition
13 Fund pursuant to subsection (b) of Section 17 to eligible
14 county fairs shall be contingent upon the following
15 provisions:
16 (a) Of the total amount of premiums which are to be
17 paid to persons for exhibitions at its annual fair for the
18 current year for exhibits of any events related to
19 agriculture including horticulture, flora culture,
20 poultry, livestock, light horses, harness-racing and
21 running horse races, rodeos, and domestic and mechanical
22 arts, no one department or class shall be paid premiums
23 awarded in excess of 30% of the total premiums awarded by
24 the county fair except those departments or classes
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1 limited to junior exhibitors. Harness horse races and
2 running horse races shall be considered as one department.
3 (b) (Blank).
4 (c) A reasonable entry fee for all classes may be
5 charged which will not exceed the maximum limit as
6 established by the Department.
7 (d) No part of any appropriation made for the benefit
8 of county fairs shall be used in payment for personnel or
9 acts which are solely for the entertainment of persons
10 attending the fair or for acts which have been hired or
11 contracted for by the fair, except events related to
12 agriculture, including tractor pulls, truck pulls, rodeos
13 and other acts which may be exempt in the judgment of the
14 Director.
15 (e) Prizes awarded for light horses, and for
16 harness-racing and running horses shall be payable from
17 such appropriation.
18 (Source: P.A. 94-261, eff. 1-1-06.)
19 (30 ILCS 120/13) (from Ch. 85, par. 663)
20 Sec. 13. Rehabilitation. Except as otherwise allowed by
21 the Director, to qualify for disbursements made by the
22 Department from an appropriation made under the provisions of
23 this Section, the land on which the fair is held must be owned
24 by the county fair board participating in this disbursement or
25 by a State, city, village, or county government body, or be
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1 held under a lease that is at least 20 years in duration, the
2 terms of which require the lessee to have continuous
3 possession of the land during every day of the lease period. No
4 county fair shall qualify for disbursements made by the
5 Department from an appropriation made under the provisions of
6 this Section unless it shall have notified the Department in
7 writing of its intent to participate prior to obligating any
8 funds for which reimbursement will be requested. Each county
9 fair shall be reimbursed annually for that part of the amount
10 expended by the fair during the year for liability and
11 casualty insurance, as provided in this Section, and the
12 rehabilitation of its grounds, including major construction
13 projects and minor maintenance and repair projects; as
14 follows:
15 100% of the first $5,000 or any part thereof;
16 75% of the next $20,000 or any part thereof;
17 50% of the next $20,000 or any part thereof.
18 The lesser of either $20,000 or 50% of the amount received
19 by a county fair pursuant to this Section may be expended for
20 liability and casualty insurance.
21 The maximum amount the DeWitt County Fair may be
22 reimbursed in each of fiscal years 2022 and 2023, subject to
23 appropriation, is $13,250.
24 If a county fair expends more than is needed in any year
25 for approved projects to maximize State reimbursement under
26 this Section and provides itemized receipts and other evidence
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1 of expenditures for that year, any excess may be carried over
2 to the succeeding year. The amount carried over shall
3 constitute a claim for reimbursement for a subsequent period
4 not to exceed 7 years as long as funds are available.
5 Before June 30 of each year, the president and secretary
6 of each county fair which has participated in this program
7 shall file with the Department a sworn statement of the amount
8 expended during the period July 1 to June 30 of the State's
9 fiscal year, accompanied by itemized receipted bills and other
10 evidence of expenditures. If the Department approves the
11 claim, the State Comptroller is authorized and directed to
12 draw a warrant payable from the Agricultural Premium Fund or
13 the Fair and Exposition Fund pursuant to subsection (b) of
14 Section 17 on the State Treasurer for the amount of the
15 rehabilitation claims.
16 If after all claims are paid, there remains any amount of
17 the appropriation for rehabilitation, the remaining amount
18 shall be distributed as a grant to the participating fairs
19 qualifying for the maximum reimbursement and shall be
20 distributed to the eligible fairs on an equal basis not to
21 exceed each eligible fair's pro rata share granted in this
22 paragraph. A sworn statement of the amount expended
23 accompanied by the itemized receipted bills as evidence of
24 expenditure must be filed with the Department by June 30 of
25 each year.
26 (Source: P.A. 102-699, eff. 4-19-22.)
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1 (30 ILCS 120/17) (from Ch. 85, par. 667)
2 Sec. 17. Fair and expositions.
3 (a) Any county fair eligible to participate in
4 appropriations made from the Agricultural Premium Fund may
5 elect instead in any odd numbered year to participate in the
6 appropriation from the Fair and Exposition Fund. The
7 Department must be notified of such election by January 1 of
8 the year of participation in that fund. Any such election
9 shall be binding for 4 calendar years. No county fair may
10 choose to shall participate for the same calendar year in
11 appropriations under both this Fund and the Agricultural
12 Premium Fund.
13 (b) Notwithstanding the provisions of this Section, during
14 State fiscal year 2026 only and regardless of prior elections
15 under this Section, the Department may make payments to county
16 fairs from the Fair and Exposition Fund for amounts otherwise
17 payable under this Act from the Agricultural Premium Fund,
18 subject to the same conditions as if the moneys were paid from
19 the Agricultural Premium Fund, and receipt of such payments
20 from the Fair and Exposition Fund shall not affect the county
21 fair's prior election under this Section.
22 In counties where a Fair and Exposition Authority
23 participated in 1999, the Fair and Exposition Authority shall
24 transfer all remaining funds to the county fair in such county
25 within 30 days of the effective date of this amendatory Act of
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1 the 99th General Assembly. Upon the transfer of such funds to
2 the county fair, the terms of the Authority's members shall
3 terminate and the Authority shall cease to exist.
4 (Source: P.A. 99-183, eff. 7-29-15.)
5 (30 ILCS 120/18) (from Ch. 85, par. 668)
6 Sec. 18. Money shall be paid into the Fair and Exposition
7 Fund by the Illinois Racing Board, as provided in Section 28 of
8 the Illinois Horse Racing Act of 1975. The General Assembly
9 shall from time to time make appropriations payable from such
10 fund to the Department for distribution to county fairs. Such
11 appropriations shall be distributed by the Department to (i)
12 county fairs which are eligible to participate in
13 appropriations made from the Agricultural Premium Fund but
14 which elect instead to participate in appropriations made from
15 the Fair and Exposition Fund and (ii) county fairs that
16 participate in the Agricultural Premium Fund under Section 17
17 but which receive moneys from the Fair and Exposition Fund
18 under subsection (b) of Section 17. If a county has more than
19 one county fair, such fairs shall jointly elect to participate
20 either in appropriations made from the Agricultural Premium
21 Fund or in appropriations made from the Fair and Exposition
22 Fund. All participating county fairs of the same county shall
23 participate in the same appropriation. Except as otherwise
24 allowed by the Director, a participant, to be eligible to
25 expend moneys appropriated from the Fair and Exposition Fund
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1 for the purchase of new or additional land construction or
2 maintenance of buildings, grounds, facilities, infrastructure,
3 or any improvement to the grounds must hold the land on which
4 such fair or exposition is to be conducted as a fee or under a
5 lease of at least 20 years, the terms of which require the
6 lessee to have continuous possession of the land during every
7 day of the lease period, or must be owned by the fair
8 association participating in this disbursement, by an
9 agricultural society, or by a fair and exposition authority.
10 (Source: P.A. 99-183, eff. 7-29-15.)
11 (30 ILCS 120/20) (from Ch. 85, par. 670)
12 Sec. 20. Appropriations made from the Fair and Exposition
13 Fund may be used for financing agricultural, educational,
14 trade and scientific exhibits; for premium and award purposes
15 as set forth in subsections (a) through (e) of Section 9; for
16 premiums to agricultural extensions or 4-H clubs; for premiums
17 to vocational agriculture section fairs; for rehabilitation of
18 county fairgrounds; for distribution to encourage and aid
19 county fairs and other agricultural societies; for grants and
20 other purposes for county fair and State Fair horse racing;
21 and for other expenses incurred by the fair that are directly
22 related to the operation of the fair and approved by rule by
23 the Department if the participant holds the land on which the
24 fair or exposition is conducted as a fee or is under a lease of
25 at least 20 years (the terms of which require the lessee to
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1 have continuous possession of the land during every day of the
2 lease period), or is owned by the fair association
3 participating in this disbursement, by an agricultural
4 society, or by a fair and exposition authority, except as
5 otherwise allowed by the Director.
6 (Source: P.A. 94-261, eff. 1-1-06.)
7 Section 5-42. The Illinois Procurement Code is amended by
8 changing Sections 1-10, 1-15.15, and 10-20 as follows:
9 (30 ILCS 500/1-10)
10 Sec. 1-10. Application.
11 (a) This Code applies only to procurements for which
12 bidders, offerors, potential contractors, or contractors were
13 first solicited on or after July 1, 1998. This Code shall not
14 be construed to affect or impair any contract, or any
15 provision of a contract, entered into based on a solicitation
16 prior to the implementation date of this Code as described in
17 Article 99, including, but not limited to, any covenant
18 entered into with respect to any revenue bonds or similar
19 instruments. All procurements for which contracts are
20 solicited between the effective date of Articles 50 and 99 and
21 July 1, 1998 shall be substantially in accordance with this
22 Code and its intent.
23 (b) This Code shall apply regardless of the source of the
24 funds with which the contracts are paid, including federal
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1 assistance moneys. This Code shall not apply to:
2 (1) Contracts between the State and its political
3 subdivisions or other governments, or between State
4 governmental bodies, except as specifically provided in
5 this Code.
6 (2) Grants, except for the filing requirements of
7 Section 20-80.
8 (3) Purchase of care, except as provided in Section
9 5-30.6 of the Illinois Public Aid Code and this Section.
10 (4) Hiring of an individual as an employee and not as
11 an independent contractor, whether pursuant to an
12 employment code or policy or by contract directly with
13 that individual.
14 (5) Collective bargaining contracts.
15 (6) Purchase of real estate, except that notice of
16 this type of contract with a value of more than $25,000
17 must be published in the Procurement Bulletin within 10
18 calendar days after the deed is recorded in the county of
19 jurisdiction. The notice shall identify the real estate
20 purchased, the names of all parties to the contract, the
21 value of the contract, and the effective date of the
22 contract.
23 (7) Contracts necessary to prepare for anticipated
24 litigation, enforcement actions, or investigations,
25 provided that the chief legal counsel to the Governor
26 shall give his or her prior approval when the procuring
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1 agency is one subject to the jurisdiction of the Governor,
2 and provided that the chief legal counsel of any other
3 procuring entity subject to this Code shall give his or
4 her prior approval when the procuring entity is not one
5 subject to the jurisdiction of the Governor.
6 (8) (Blank).
7 (9) Procurement expenditures by the Illinois
8 Conservation Foundation when only private funds are used.
9 (10) (Blank).
10 (11) Public-private agreements entered into according
11 to the procurement requirements of Section 20 of the
12 Public-Private Partnerships for Transportation Act and
13 design-build agreements entered into according to the
14 procurement requirements of Section 25 of the
15 Public-Private Partnerships for Transportation Act.
16 (12) (A) Contracts for legal, financial, and other
17 professional and artistic services entered into by the
18 Illinois Finance Authority in which the State of Illinois
19 is not obligated. Such contracts shall be awarded through
20 a competitive process authorized by the members of the
21 Illinois Finance Authority and are subject to Sections
22 5-30, 20-160, 50-13, 50-20, 50-35, and 50-37 of this Code,
23 as well as the final approval by the members of the
24 Illinois Finance Authority of the terms of the contract.
25 (B) Contracts for legal and financial services entered
26 into by the Illinois Housing Development Authority in
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1 connection with the issuance of bonds in which the State
2 of Illinois is not obligated. Such contracts shall be
3 awarded through a competitive process authorized by the
4 members of the Illinois Housing Development Authority and
5 are subject to Sections 5-30, 20-160, 50-13, 50-20, 50-35,
6 and 50-37 of this Code, as well as the final approval by
7 the members of the Illinois Housing Development Authority
8 of the terms of the contract.
9 (13) Contracts for services, commodities, and
10 equipment to support the delivery of timely forensic
11 science services in consultation with and subject to the
12 approval of the Chief Procurement Officer as provided in
13 subsection (d) of Section 5-4-3a of the Unified Code of
14 Corrections, except for the requirements of Sections
15 20-60, 20-65, 20-70, and 20-160 and Article 50 of this
16 Code; however, the Chief Procurement Officer may, in
17 writing with justification, waive any certification
18 required under Article 50 of this Code. For any contracts
19 for services which are currently provided by members of a
20 collective bargaining agreement, the applicable terms of
21 the collective bargaining agreement concerning
22 subcontracting shall be followed.
23 On and after January 1, 2019, this paragraph (13),
24 except for this sentence, is inoperative.
25 (14) Contracts for participation expenditures required
26 by a domestic or international trade show or exhibition of
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1 an exhibitor, member, or sponsor.
2 (15) Contracts with a railroad or utility that
3 requires the State to reimburse the railroad or utilities
4 for the relocation of utilities for construction or other
5 public purpose. Contracts included within this paragraph
6 (15) shall include, but not be limited to, those
7 associated with: relocations, crossings, installations,
8 and maintenance. For the purposes of this paragraph (15),
9 "railroad" means any form of non-highway ground
10 transportation that runs on rails or electromagnetic
11 guideways and "utility" means: (1) public utilities as
12 defined in Section 3-105 of the Public Utilities Act, (2)
13 telecommunications carriers as defined in Section 13-202
14 of the Public Utilities Act, (3) electric cooperatives as
15 defined in Section 3.4 of the Electric Supplier Act, (4)
16 telephone or telecommunications cooperatives as defined in
17 Section 13-212 of the Public Utilities Act, (5) rural
18 water or waste water systems with 10,000 connections or
19 less, (6) a holder as defined in Section 21-201 of the
20 Public Utilities Act, and (7) municipalities owning or
21 operating utility systems consisting of public utilities
22 as that term is defined in Section 11-117-2 of the
23 Illinois Municipal Code.
24 (16) Procurement expenditures necessary for the
25 Department of Public Health to provide the delivery of
26 timely newborn screening services in accordance with the
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1 Newborn Metabolic Screening Act.
2 (17) Procurement expenditures necessary for the
3 Department of Agriculture, the Department of Financial and
4 Professional Regulation, the Department of Human Services,
5 and the Department of Public Health to implement the
6 Compassionate Use of Medical Cannabis Program and Opioid
7 Alternative Pilot Program requirements and ensure access
8 to medical cannabis for patients with debilitating medical
9 conditions in accordance with the Compassionate Use of
10 Medical Cannabis Program Act.
11 (18) This Code does not apply to any procurements
12 necessary for the Department of Agriculture, the
13 Department of Financial and Professional Regulation, the
14 Department of Human Services, the Department of Commerce
15 and Economic Opportunity, and the Department of Public
16 Health to implement the Cannabis Regulation and Tax Act if
17 the applicable agency has made a good faith determination
18 that it is necessary and appropriate for the expenditure
19 to fall within this exemption and if the process is
20 conducted in a manner substantially in accordance with the
21 requirements of Sections 20-160, 25-60, 30-22, 50-5,
22 50-10, 50-10.5, 50-12, 50-13, 50-15, 50-20, 50-21, 50-35,
23 50-36, 50-37, 50-38, and 50-50 of this Code; however, for
24 Section 50-35, compliance applies only to contracts or
25 subcontracts over $100,000. Notice of each contract
26 entered into under this paragraph (18) that is related to
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1 the procurement of goods and services identified in
2 paragraph (1) through (9) of this subsection shall be
3 published in the Procurement Bulletin within 14 calendar
4 days after contract execution. The Chief Procurement
5 Officer shall prescribe the form and content of the
6 notice. Each agency shall provide the Chief Procurement
7 Officer, on a monthly basis, in the form and content
8 prescribed by the Chief Procurement Officer, a report of
9 contracts that are related to the procurement of goods and
10 services identified in this subsection. At a minimum, this
11 report shall include the name of the contractor, a
12 description of the supply or service provided, the total
13 amount of the contract, the term of the contract, and the
14 exception to this Code utilized. A copy of any or all of
15 these contracts shall be made available to the Chief
16 Procurement Officer immediately upon request. The Chief
17 Procurement Officer shall submit a report to the Governor
18 and General Assembly no later than November 1 of each year
19 that includes, at a minimum, an annual summary of the
20 monthly information reported to the Chief Procurement
21 Officer. This exemption becomes inoperative 5 years after
22 June 25, 2019 (the effective date of Public Act 101-27).
23 (19) Acquisition of modifications or adjustments,
24 limited to assistive technology devices and assistive
25 technology services, adaptive equipment, repairs, and
26 replacement parts to provide reasonable accommodations (i)
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1 that enable a qualified applicant with a disability to
2 complete the job application process and be considered for
3 the position such qualified applicant desires, (ii) that
4 modify or adjust the work environment to enable a
5 qualified current employee with a disability to perform
6 the essential functions of the position held by that
7 employee, (iii) to enable a qualified current employee
8 with a disability to enjoy equal benefits and privileges
9 of employment as are enjoyed by other similarly situated
10 employees without disabilities, and (iv) that allow a
11 customer, client, claimant, or member of the public
12 seeking State services full use and enjoyment of and
13 access to its programs, services, or benefits.
14 For purposes of this paragraph (19):
15 "Assistive technology devices" means any item, piece
16 of equipment, or product system, whether acquired
17 commercially off the shelf, modified, or customized, that
18 is used to increase, maintain, or improve functional
19 capabilities of individuals with disabilities.
20 "Assistive technology services" means any service that
21 directly assists an individual with a disability in
22 selection, acquisition, or use of an assistive technology
23 device.
24 "Qualified" has the same meaning and use as provided
25 under the federal Americans with Disabilities Act when
26 describing an individual with a disability.
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1 (20) Procurement expenditures necessary for the
2 Illinois Commerce Commission to hire third-party
3 facilitators pursuant to Sections 16-105.17 and 16-108.18
4 of the Public Utilities Act or an ombudsman pursuant to
5 Section 16-107.5 of the Public Utilities Act, a
6 facilitator pursuant to Section 16-105.17 of the Public
7 Utilities Act, or a grid auditor pursuant to Section
8 16-105.10 of the Public Utilities Act.
9 (21) Procurement expenditures for the purchase,
10 renewal, and expansion of software, software licenses, or
11 software maintenance agreements that support the efforts
12 of the Illinois State Police to enforce, regulate, and
13 administer the Firearm Owners Identification Card Act, the
14 Firearm Concealed Carry Act, the Firearms Restraining
15 Order Act, the Firearm Dealer License Certification Act,
16 the Law Enforcement Agencies Data System (LEADS), the
17 Uniform Crime Reporting Act, the Criminal Identification
18 Act, the Illinois Uniform Conviction Information Act, and
19 the Gun Trafficking Information Act, or establish or
20 maintain record management systems necessary to conduct
21 human trafficking investigations or gun trafficking or
22 other stolen firearm investigations. This paragraph (21)
23 applies to contracts entered into on or after January 10,
24 2023 (the effective date of Public Act 102-1116) and the
25 renewal of contracts that are in effect on January 10,
26 2023 (the effective date of Public Act 102-1116).
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1 (22) Contracts for project management services and
2 system integration services required for the completion of
3 the State's enterprise resource planning project. This
4 exemption becomes inoperative 5 years after June 7, 2023
5 (the effective date of the changes made to this Section by
6 Public Act 103-8). This paragraph (22) applies to
7 contracts entered into on or after June 7, 2023 (the
8 effective date of the changes made to this Section by
9 Public Act 103-8) and the renewal of contracts that are in
10 effect on June 7, 2023 (the effective date of the changes
11 made to this Section by Public Act 103-8).
12 (23) Procurements necessary for the Department of
13 Insurance to implement the Illinois Health Benefits
14 Exchange Law if the Department of Insurance has made a
15 good faith determination that it is necessary and
16 appropriate for the expenditure to fall within this
17 exemption. The procurement process shall be conducted in a
18 manner substantially in accordance with the requirements
19 of Sections 20-160 and 25-60 and Article 50 of this Code. A
20 copy of these contracts shall be made available to the
21 Chief Procurement Officer immediately upon request. This
22 paragraph is inoperative 5 years after June 27, 2023 (the
23 effective date of Public Act 103-103).
24 (24) Contracts for public education programming,
25 noncommercial sustaining announcements, public service
26 announcements, and public awareness and education
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1 messaging with the nonprofit trade associations of the
2 providers of those services that inform the public on
3 immediate and ongoing health and safety risks and hazards.
4 (25) Procurements necessary for the Department of
5 Early Childhood to implement the Department of Early
6 Childhood Act if the Department has made a good faith
7 determination that it is necessary and appropriate for the
8 expenditure to fall within this exemption. This exemption
9 shall only be used for products and services procured
10 solely for use by the Department of Early Childhood. The
11 procurements may include those necessary to design and
12 build integrated, operational systems of programs and
13 services. The procurements may include, but are not
14 limited to, those necessary to align and update program
15 standards, integrate funding systems, design and establish
16 data and reporting systems, align and update models for
17 technical assistance and professional development, design
18 systems to manage grants and ensure compliance, design and
19 implement management and operational structures, and
20 establish new means of engaging with families, educators,
21 providers, and stakeholders. The procurement processes
22 shall be conducted in a manner substantially in accordance
23 with the requirements of Article 50 (ethics) and Sections
24 5-5 (Procurement Policy Board), 5-7 (Commission on Equity
25 and Inclusion), 20-80 (contract files), 20-120
26 (subcontractors), 20-155 (paperwork), 20-160
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1 (ethics/campaign contribution prohibitions), 25-60
2 (prevailing wage), and 25-90 (prohibited and authorized
3 cybersecurity) of this Code. Beginning January 1, 2025,
4 the Department of Early Childhood shall provide a
5 quarterly report to the General Assembly detailing a list
6 of expenditures and contracts for which the Department
7 uses this exemption. This paragraph is inoperative on and
8 after July 1, 2027.
9 (26) (25) Procurements that are necessary for
10 increasing the recruitment and retention of State
11 employees, particularly minority candidates for
12 employment, including:
13 (A) procurements related to registration fees for
14 job fairs and other outreach and recruitment events;
15 (B) production of recruitment materials; and
16 (C) other services related to recruitment and
17 retention of State employees.
18 The exemption under this paragraph (26) (25) applies
19 only if the State agency has made a good faith
20 determination that it is necessary and appropriate for the
21 expenditure to fall within this paragraph (26) (25). The
22 procurement process under this paragraph (26) (25) shall
23 be conducted in a manner substantially in accordance with
24 the requirements of Sections 20-160 and 25-60 and Article
25 50 of this Code. A copy of these contracts shall be made
26 available to the Chief Procurement Officer immediately
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1 upon request. Nothing in this paragraph (26) (25)
2 authorizes the replacement or diminishment of State
3 responsibilities in hiring or the positions that
4 effectuate that hiring. This paragraph (26) (25) is
5 inoperative on and after June 30, 2029.
6 (27) Procurements necessary for the Department of
7 Healthcare and Family Services to implement changes to the
8 State's Integrated Eligibility System to ensure the
9 system's compliance with federal implementation mandates
10 and deadlines, if the Department of Healthcare and Family
11 Services has made a good faith determination that it is
12 necessary and appropriate for the procurement to fall
13 within this exemption.
14 Notwithstanding any other provision of law, for contracts
15 with an annual value of more than $100,000 entered into on or
16 after October 1, 2017 under an exemption provided in any
17 paragraph of this subsection (b), except paragraph (1), (2),
18 or (5), each State agency shall post to the appropriate
19 procurement bulletin the name of the contractor, a description
20 of the supply or service provided, the total amount of the
21 contract, the term of the contract, and the exception to the
22 Code utilized. The chief procurement officer shall submit a
23 report to the Governor and General Assembly no later than
24 November 1 of each year that shall include, at a minimum, an
25 annual summary of the monthly information reported to the
26 chief procurement officer.
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1 (c) This Code does not apply to the electric power
2 procurement process provided for under Section 1-75 of the
3 Illinois Power Agency Act and Section 16-111.5 of the Public
4 Utilities Act. This Code does not apply to the procurement of
5 technical and policy experts pursuant to Section 1-129 of the
6 Illinois Power Agency Act.
7 (d) Except for Section 20-160 and Article 50 of this Code,
8 and as expressly required by Section 9.1 of the Illinois
9 Lottery Law, the provisions of this Code do not apply to the
10 procurement process provided for under Section 9.1 of the
11 Illinois Lottery Law.
12 (e) This Code does not apply to the process used by the
13 Capital Development Board to retain a person or entity to
14 assist the Capital Development Board with its duties related
15 to the determination of costs of a clean coal SNG brownfield
16 facility, as defined by Section 1-10 of the Illinois Power
17 Agency Act, as required in subsection (h-3) of Section 9-220
18 of the Public Utilities Act, including calculating the range
19 of capital costs, the range of operating and maintenance
20 costs, or the sequestration costs or monitoring the
21 construction of clean coal SNG brownfield facility for the
22 full duration of construction.
23 (f) (Blank).
24 (g) (Blank).
25 (h) This Code does not apply to the process to procure or
26 contracts entered into in accordance with Sections 11-5.2 and
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1 11-5.3 of the Illinois Public Aid Code.
2 (i) Each chief procurement officer may access records
3 necessary to review whether a contract, purchase, or other
4 expenditure is or is not subject to the provisions of this
5 Code, unless such records would be subject to attorney-client
6 privilege.
7 (j) This Code does not apply to the process used by the
8 Capital Development Board to retain an artist or work or works
9 of art as required in Section 14 of the Capital Development
10 Board Act.
11 (k) This Code does not apply to the process to procure
12 contracts, or contracts entered into, by the State Board of
13 Elections or the State Electoral Board for hearing officers
14 appointed pursuant to the Election Code.
15 (l) This Code does not apply to the processes used by the
16 Illinois Student Assistance Commission to procure supplies and
17 services paid for from the private funds of the Illinois
18 Prepaid Tuition Fund. As used in this subsection (l), "private
19 funds" means funds derived from deposits paid into the
20 Illinois Prepaid Tuition Trust Fund and the earnings thereon.
21 (m) This Code shall apply regardless of the source of
22 funds with which contracts are paid, including federal
23 assistance moneys. Except as specifically provided in this
24 Code, this Code shall not apply to procurement expenditures
25 necessary for the Department of Public Health to conduct the
26 Healthy Illinois Survey in accordance with Section 2310-431 of
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1 the Department of Public Health Powers and Duties Law of the
2 Civil Administrative Code of Illinois.
3 (Source: P.A. 102-175, eff. 7-29-21; 102-483, eff 1-1-22;
4 102-558, eff. 8-20-21; 102-600, eff. 8-27-21; 102-662, eff.
5 9-15-21; 102-721, eff. 1-1-23; 102-813, eff. 5-13-22;
6 102-1116, eff. 1-10-23; 103-8, eff. 6-7-23; 103-103, eff.
7 6-27-23; 103-570, eff. 1-1-24; 103-580, eff. 12-8-23; 103-594,
8 eff. 6-25-24; 103-605, eff. 7-1-24; 103-865, eff. 1-1-25;
9 revised 11-26-24.)
10 (30 ILCS 500/1-15.15)
11 Sec. 1-15.15. Chief Procurement Officer. "Chief
12 Procurement Officer" means any of the 4 persons appointed or
13 approved by a majority of the members of the Executive Ethics
14 Commission:
15 (1) for procurements for (i) construction and
16 construction-related services committed by law to the
17 jurisdiction or responsibility of the Capital Development
18 Board or (ii) construction-related services committed by
19 law to the jurisdiction or responsibility of the
20 Department of Central Management Services under Section
21 405-217 of the Department of Central Management Services
22 Law of the Civil Administrative Code of Illinois and other
23 related provisions of this amendatory Act of the 104th
24 General Assembly, the independent chief procurement
25 officer appointed by a majority of the members of the
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1 Executive Ethics Commission.
2 (2) for procurements for all construction,
3 construction-related services, operation of any facility,
4 and the provision of any construction or
5 construction-related service or activity committed by law
6 to the jurisdiction or responsibility of the Illinois
7 Department of Transportation, including the direct or
8 reimbursable expenditure of all federal funds for which
9 the Department of Transportation is responsible or
10 accountable for the use thereof in accordance with federal
11 law, regulation, or procedure, the independent chief
12 procurement officer appointed by the Secretary of
13 Transportation with the consent of the majority of the
14 members of the Executive Ethics Commission.
15 (3) for all procurements made by a public institution
16 of higher education, the independent chief procurement
17 officer appointed by a majority of the members of the
18 Executive Ethics Commission.
19 (4) (Blank).
20 (5) for all other procurements, the independent chief
21 procurement officer appointed by a majority of the members
22 of the Executive Ethics Commission.
23 (Source: P.A. 95-481, eff. 8-28-07; 96-795, eff. 7-1-10 (see
24 Section 5 of P.A. 96-793 for the effective date of changes made
25 by P.A. 96-795); 96-920, eff. 7-1-10.)
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1 (30 ILCS 500/10-20)
2 (Text of Section from P.A. 103-588)
3 Sec. 10-20. Independent chief procurement officers.
4 (a) Appointment. Within 60 calendar days after July 1,
5 2010 (the effective date of Public Act 96-795), the Executive
6 Ethics Commission, with the advice and consent of the Senate
7 shall appoint or approve 4 chief procurement officers, one for
8 each of the following categories:
9 (1) for procurements for (i) construction and
10 construction-related services committed by law to the
11 jurisdiction or responsibility of the Capital Development
12 Board or (ii) construction-related services committed by
13 law to the jurisdiction or responsibility of the
14 Department for Central Management Services under Section
15 405-217 of the Department of Central Management Services
16 Law of the Civil Administrative Code of Illinois and other
17 related provisions of this amendatory Act of the 104th
18 General Assembly;
19 (2) for procurements for all construction,
20 construction-related services, operation of any facility,
21 and the provision of any service or activity committed by
22 law to the jurisdiction or responsibility of the Illinois
23 Department of Transportation, including the direct or
24 reimbursable expenditure of all federal funds for which
25 the Department of Transportation is responsible or
26 accountable for the use thereof in accordance with federal
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1 law, regulation, or procedure, the chief procurement
2 officer recommended for approval under this item appointed
3 by the Secretary of Transportation after consent by the
4 Executive Ethics Commission;
5 (3) for all procurements made by a public institution
6 of higher education; and
7 (4) for all other procurement needs of State agencies.
8 For fiscal years 2024, and 2025, and 2026, the Executive
9 Ethics Commission shall set aside from its appropriation those
10 amounts necessary for the use of the 4 chief procurement
11 officers for the ordinary and contingent expenses of their
12 respective procurement offices. From the amounts set aside by
13 the Commission, each chief procurement officer shall control
14 the internal operations of his or her procurement office and
15 shall procure the necessary equipment, materials, and services
16 to perform the duties of that office, including hiring
17 necessary procurement personnel, legal advisors, and other
18 employees, and may establish, in the exercise of the chief
19 procurement officer's discretion, the compensation of the
20 office's employees, which includes the State purchasing
21 officers and any legal advisors. The Executive Ethics
22 Commission shall have no control over the employees of the
23 chief procurement officers. The Executive Ethics Commission
24 shall provide administrative support services, including
25 payroll, for each procurement office.
26 (b) Terms and independence. Each chief procurement officer
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1 appointed under this Section shall serve for a term of 5 years
2 beginning on the date of the officer's appointment. The chief
3 procurement officer may be removed for cause after a hearing
4 by the Executive Ethics Commission. The Governor or the
5 director of a State agency directly responsible to the
6 Governor may institute a complaint against the officer by
7 filing such complaint with the Commission. The Commission
8 shall have a hearing based on the complaint. The officer and
9 the complainant shall receive reasonable notice of the hearing
10 and shall be permitted to present their respective arguments
11 on the complaint. After the hearing, the Commission shall make
12 a finding on the complaint and may take disciplinary action,
13 including, but not limited to, removal of the officer.
14 The salary of a chief procurement officer shall be
15 established by the Executive Ethics Commission and may not be
16 diminished during the officer's term. The salary may not
17 exceed the salary of the director of a State agency for which
18 the officer serves as chief procurement officer.
19 (c) Qualifications. In addition to any other requirement
20 or qualification required by State law, each chief procurement
21 officer must within 12 months of employment be a Certified
22 Professional Public Buyer or a Certified Public Purchasing
23 Officer, pursuant to certification by the Universal Public
24 Purchasing Certification Council, and must reside in Illinois.
25 (d) Fiduciary duty. Each chief procurement officer owes a
26 fiduciary duty to the State.
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1 (e) Vacancy. In case of a vacancy in one or more of the
2 offices of a chief procurement officer under this Section
3 during the recess of the Senate, the Executive Ethics
4 Commission shall make a temporary appointment until the next
5 meeting of the Senate, when the Executive Ethics Commission
6 shall nominate some person to fill the office, and any person
7 so nominated who is confirmed by the Senate shall hold office
8 during the remainder of the term and until his or her successor
9 is appointed and qualified. If the Senate is not in session at
10 the time Public Act 96-920 takes effect, the Executive Ethics
11 Commission shall make a temporary appointment as in the case
12 of a vacancy.
13 (f) (Blank).
14 (g) (Blank).
15 (Source: P.A. 103-8, eff. 6-7-23; 103-588, eff. 6-5-24.)
16 (Text of Section from P.A. 103-605)
17 Sec. 10-20. Independent chief procurement officers.
18 (a) Appointment. Within 60 calendar days after July 1,
19 2010 (the effective date of Public Act 96-795), the Executive
20 Ethics Commission, with the advice and consent of the Senate
21 shall appoint or approve 4 chief procurement officers, one for
22 each of the following categories:
23 (1) for procurements for (i) construction and
24 construction-related services committed by law to the
25 jurisdiction or responsibility of the Capital Development
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1 Board or (ii) construction-related services committed by
2 law to the jurisdiction or responsibility of the
3 Department for Central Management Services under Section
4 405-217 of the Department of Central Management Services
5 Law of the Civil Administrative Code of Illinois and other
6 related provisions of this amendatory Act of the 104th
7 General Assembly;
8 (2) for procurements for all construction,
9 construction-related services, operation of any facility,
10 and the provision of any service or activity committed by
11 law to the jurisdiction or responsibility of the Illinois
12 Department of Transportation, including the direct or
13 reimbursable expenditure of all federal funds for which
14 the Department of Transportation is responsible or
15 accountable for the use thereof in accordance with federal
16 law, regulation, or procedure, the chief procurement
17 officer recommended for approval under this item appointed
18 by the Secretary of Transportation after consent by the
19 Executive Ethics Commission;
20 (3) for all procurements made by a public institution
21 of higher education; and
22 (4) for all other procurement needs of State agencies.
23 For fiscal years year 2024, 2025, and 2026, the Executive
24 Ethics Commission shall set aside from its appropriation those
25 amounts necessary for the use of the 4 chief procurement
26 officers for the ordinary and contingent expenses of their
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1 respective procurement offices. From the amounts set aside by
2 the Commission, each chief procurement officer shall control
3 the internal operations of his or her procurement office and
4 shall procure the necessary equipment, materials, and services
5 to perform the duties of that office, including hiring
6 necessary procurement personnel, legal advisors, and other
7 employees, and may establish, in the exercise of the chief
8 procurement officer's discretion, the compensation of the
9 office's employees, which includes the State purchasing
10 officers and any legal advisors. The Executive Ethics
11 Commission shall have no control over the employees of the
12 chief procurement officers. The Executive Ethics Commission
13 shall provide administrative support services, including
14 payroll, for each procurement office.
15 (b) Terms and independence. Each chief procurement officer
16 appointed under this Section shall serve for a term of 5 years
17 beginning on the date of the officer's appointment. The chief
18 procurement officer may be removed for cause after a hearing
19 by the Executive Ethics Commission. The Governor or the
20 director of a State agency directly responsible to the
21 Governor may institute a complaint against the officer by
22 filing such complaint with the Commission. The Commission
23 shall have a hearing based on the complaint. The officer and
24 the complainant shall receive reasonable notice of the hearing
25 and shall be permitted to present their respective arguments
26 on the complaint. After the hearing, the Commission shall make
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1 a finding on the complaint and may take disciplinary action,
2 including, but not limited to, removal of the officer.
3 The salary of a chief procurement officer shall be
4 established by the Executive Ethics Commission and may not be
5 diminished during the officer's term. The salary may not
6 exceed the salary of the director of a State agency for which
7 the officer serves as chief procurement officer.
8 (c) Qualifications. In addition to any other requirement
9 or qualification required by State law, each chief procurement
10 officer must within 12 months of employment be a Certified
11 Professional Public Buyer or a Certified Public Purchasing
12 Officer, pursuant to certification by the Universal Public
13 Purchasing Certification Council, and must reside in Illinois.
14 (d) Fiduciary duty. Each chief procurement officer owes a
15 fiduciary duty to the State.
16 (e) Vacancy. In case of a vacancy in one or more of the
17 offices of a chief procurement officer under this Section
18 during the recess of the Senate, the Executive Ethics
19 Commission shall make a temporary appointment until the next
20 meeting of the Senate, when the Executive Ethics Commission
21 shall nominate some person to fill the office, and any person
22 so nominated who is confirmed by the Senate shall hold office
23 during the remainder of the term and until his or her successor
24 is appointed and qualified. If the Senate is not in session at
25 the time Public Act 96-920 takes effect, the Executive Ethics
26 Commission shall make a temporary appointment as in the case
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1 of a vacancy.
2 (f) (Blank).
3 (g) (Blank).
4 (Source: P.A. 103-8, eff. 6-7-23; 103-605, eff. 7-1-24.)
5 (Text of Section from P.A. 103-865)
6 Sec. 10-20. Independent chief procurement officers.
7 (a) Appointment. Within 60 calendar days after July 1,
8 2010 (the effective date of Public Act 96-795), the Executive
9 Ethics Commission, with the advice and consent of the Senate
10 shall appoint or approve 4 chief procurement officers, one for
11 each of the following categories:
12 (1) for procurements for (i) construction and
13 construction-related services committed by law to the
14 jurisdiction or responsibility of the Capital Development
15 Board or (ii) construction-related services committed by
16 law to the jurisdiction or responsibility of the
17 Department for Central Management Services under Section
18 405-217 of the Department of Central Management Services
19 Law of the Civil Administrative Code of Illinois and other
20 related provisions of this amendatory Act of the 104th
21 General Assembly;
22 (2) for procurements for all construction,
23 construction-related services, operation of any facility,
24 and the provision of any service or activity committed by
25 law to the jurisdiction or responsibility of the Illinois
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1 Department of Transportation, including the direct or
2 reimbursable expenditure of all federal funds for which
3 the Department of Transportation is responsible or
4 accountable for the use thereof in accordance with federal
5 law, regulation, or procedure, the chief procurement
6 officer recommended for approval under this item appointed
7 by the Secretary of Transportation after consent by the
8 Executive Ethics Commission;
9 (3) for all procurements made by a public institution
10 of higher education; and
11 (4) for all other procurement needs of State agencies.
12 For fiscal years 2024, 2025, and 2026, the The Executive
13 Ethics Commission shall set aside from its appropriation those
14 amounts necessary for the use of the 4 chief procurement
15 officers for the ordinary and contingent expenses of their
16 respective procurement offices. From the amounts set aside by
17 the Commission, each chief procurement officer shall control
18 the internal operations of his or her procurement office and
19 shall procure the necessary equipment, materials, and services
20 to perform the duties of that office, including hiring
21 necessary procurement personnel, legal advisors, and other
22 employees, and may establish, in the exercise of the chief
23 procurement officer's discretion, the compensation of the
24 office's employees, which includes the State purchasing
25 officers and any legal advisors. The Executive Ethics
26 Commission shall have no control over the employees of the
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1 chief procurement officers. The Executive Ethics Commission
2 shall provide administrative support services, including
3 payroll, for each procurement office.
4 (b) Terms and independence. Each chief procurement officer
5 appointed under this Section shall serve for a term of 5 years
6 beginning on the date of the officer's appointment. The chief
7 procurement officer may be removed for cause after a hearing
8 by the Executive Ethics Commission. The Governor or the
9 director of a State agency directly responsible to the
10 Governor may institute a complaint against the officer by
11 filing such complaint with the Commission. The Commission
12 shall have a hearing based on the complaint. The officer and
13 the complainant shall receive reasonable notice of the hearing
14 and shall be permitted to present their respective arguments
15 on the complaint. After the hearing, the Commission shall make
16 a finding on the complaint and may take disciplinary action,
17 including, but not limited to, removal of the officer.
18 The salary of a chief procurement officer shall be
19 established by the Executive Ethics Commission and may not be
20 diminished during the officer's term. The salary may not
21 exceed the salary of the director of a State agency for which
22 the officer serves as chief procurement officer.
23 (c) Qualifications. In addition to any other requirement
24 or qualification required by State law, each chief procurement
25 officer must within 12 months of employment be a Certified
26 Professional Public Buyer or a Certified Public Purchasing
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1 Officer, pursuant to certification by the Universal Public
2 Purchasing Certification Council, and must reside in Illinois.
3 (d) Fiduciary duty. Each chief procurement officer owes a
4 fiduciary duty to the State.
5 (e) Vacancy. In case of a vacancy in one or more of the
6 offices of a chief procurement officer under this Section
7 during the recess of the Senate, the Executive Ethics
8 Commission shall make a temporary appointment until the next
9 meeting of the Senate, when the Executive Ethics Commission
10 shall nominate some person to fill the office, and any person
11 so nominated who is confirmed by the Senate shall hold office
12 during the remainder of the term and until his or her successor
13 is appointed and qualified. If the Senate is not in session at
14 the time Public Act 96-920 takes effect, the Executive Ethics
15 Commission shall make a temporary appointment as in the case
16 of a vacancy.
17 (f) (Blank).
18 (g) (Blank).
19 (Source: P.A. 103-8, eff. 6-7-23; 103-865, eff. 1-1-25.)
20 Section 5-45. The Design-Build Procurement Act is amended
21 by changing Sections 10 and 90 as follows:
22 (30 ILCS 537/10)
23 (Section scheduled to be repealed on January 1, 2026)
24 Sec. 10. Definitions. As used in this Act:
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1 "State construction agency" means the Capital Development
2 Board or, in the case of a design-build procurement for a
3 public institution of higher education, the public institution
4 of higher education, or, in the case of a design-build
5 procurement by the Department of Central Management Services
6 in accordance with Section 405-217 of the Department of
7 Central Management Services Law of the Civil Administrative
8 Code of Illinois, the Department of Central Management
9 Services.
10 "Delivery system" means the design and construction
11 approach used to develop and construct a project.
12 "Design-bid-build" means the traditional delivery system
13 used on public projects in this State that incorporates the
14 Architectural, Engineering, and Land Surveying Qualification
15 Based Selection Act (30 ILCS 535/) and the principles of
16 competitive selection in the Illinois Procurement Code (30
17 ILCS 500/).
18 "Design-build" means a delivery system that provides
19 responsibility within a single contract for the furnishing of
20 architecture, engineering, land surveying and related services
21 as required, and the labor, materials, equipment, and other
22 construction services for the project.
23 "Design-build contract" means a contract for a public
24 project under this Act between the State construction agency
25 and a design-build entity to furnish architecture,
26 engineering, land surveying, and related services as required,
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1 and to furnish the labor, materials, equipment, and other
2 construction services for the project. The design-build
3 contract may be conditioned upon subsequent refinements in
4 scope and price and may allow the State construction agency to
5 make modifications in the project scope without invalidating
6 the design-build contract.
7 "Design-build entity" means any individual, sole
8 proprietorship, firm, partnership, joint venture, corporation,
9 professional corporation, or other entity that proposes to
10 design and construct any public project under this Act. A
11 design-build entity and associated design-build professionals
12 shall conduct themselves in accordance with the laws of this
13 State and the related provisions of the Illinois
14 Administrative Code, as referenced by the licensed design
15 professionals Acts of this State.
16 "Design professional" means any individual, sole
17 proprietorship, firm, partnership, joint venture, corporation,
18 professional corporation, or other entity that offers services
19 under the Illinois Architecture Practice Act of 1989 (225 ILCS
20 305/), the Professional Engineering Practice Act of 1989 (225
21 ILCS 325/), the Structural Engineering Licensing Act of 1989
22 (225 ILCS 340/), or the Illinois Professional Land Surveyor
23 Act of 1989 (225 ILCS 330/).
24 "Evaluation criteria" means the requirements for the
25 separate phases of the selection process as defined in this
26 Act and may include the specialized experience, technical
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1 qualifications and competence, capacity to perform, past
2 performance, experience with similar projects, assignment of
3 personnel to the project, and other appropriate factors. Price
4 may not be used as a factor in the evaluation of Phase I
5 proposals.
6 "Proposal" means the offer to enter into a design-build
7 contract as submitted by a design-build entity in accordance
8 with this Act.
9 "Public institution of higher education" has the meaning
10 ascribed in subsection (f) of Section 1-13 of the Illinois
11 Procurement Code.
12 "Request for proposal" means the document used by the
13 State construction agency to solicit proposals for a
14 design-build contract.
15 "Scope and performance criteria" means the requirements
16 for the public project, including, but not limited to, the
17 intended usage, capacity, size, scope, quality and performance
18 standards, life-cycle costs, and other programmatic criteria
19 that are expressed in performance-oriented and quantifiable
20 specifications and drawings that can be reasonably inferred
21 and are suited to allow a design-build entity to develop a
22 proposal.
23 (Source: P.A. 102-1119, eff. 1-23-23.)
24 (30 ILCS 537/90)
25 (Section scheduled to be repealed on January 1, 2026)
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1 Sec. 90. Repealer. This Act is repealed on January 1, 2027
2 2026.
3 (Source: P.A. 102-1016, eff. 5-27-22; 102-1119, eff. 1-23-23.)
4 Section 5-50. The Illinois Grant Funds Recovery Act is
5 amended by changing Section 5 as follows:
6 (30 ILCS 705/5) (from Ch. 127, par. 2305)
7 Sec. 5. Time limit on expenditure of grant funds. Subject
8 to the restriction of Section 35 of the State Finance Act, no
9 grant funds may be made available for expenditure by a grantee
10 for a period longer than 2 years, except where such grant funds
11 are disbursed in reimbursement of costs previously incurred by
12 the grantee and except as otherwise provided in subsection (d)
13 of Section 5-200 of the School Construction Law and in
14 subsections subsection (b) and (c) of Section 80-45 of the
15 Department of Human Services Act. Any grant funds not expended
16 or legally obligated by the end of the grant agreement, or
17 during the time limitation to grant fund expenditures set
18 forth in this Section, must be returned to the grantor agency
19 within 45 days, if the funds are not already on deposit with
20 the grantor agency or the State Treasurer. Such returned funds
21 shall be deposited into the fund from which the original grant
22 disbursement to the grantee was made.
23 (Source: P.A. 103-8, eff. 7-1-23.)
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1 Section 5-55. The Private Colleges and Universities
2 Capital Distribution Formula Act is amended by changing
3 Section 25-15 as follows:
4 (30 ILCS 769/25-15)
5 Sec. 25-15. Transfer of funds to another independent
6 college.
7 (a) If an institution received a grant under this Article
8 and subsequently fails to meet the definition of "independent
9 college", the remaining funds shall be redistributed
10 re-distributed as provided in Section 25-10 to those
11 institutions that have an active grant under this Article,
12 unless the campus or facilities for which the grant was given
13 are subsequently operated by another institution that
14 qualifies as an independent college under this Article.
15 (b) If the facilities of a former independent college are
16 operated by another entity that qualifies as an independent
17 college as provided in subsection (a) of this Section, then
18 the entire balance of the grant provided under this Article
19 remaining on the date the former independent college ceased
20 operations, including any amount that had been withheld after
21 the former independent college ceased operations, shall be
22 transferred to the successor independent college for the
23 purpose of the grant for the duration of the grant.
24 (c) In the event that, on or before July 16, 2014 (the
25 effective date of Public Act 98-715), the remaining funds have
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1 been re-allocated or redistributed re-distributed to other
2 independent colleges, or the Illinois Board of Higher
3 Education has planned for the remaining funds to be
4 re-allocated or redistributed re-distributed to other
5 independent colleges, before the 5-year period provided under
6 this Act for the utilization of funds has ended, any funds so
7 re-allocated or redistributed re-distributed shall be deducted
8 from future allocations to those other independent colleges
9 and re-allocated or redistributed re-distributed to the
10 initial institution or the successor entity operating the
11 facilities of the original institution if: (i) the institution
12 that failed to meet the definition of "independent college"
13 once again meets the definition of "independent college"
14 before the 5-year period has expired; or (ii) the facility or
15 facilities of the former independent college are operated by
16 another entity that qualifies as an independent college before
17 the 5-year period has expired.
18 (d) Notwithstanding subsection (a) of this Section, on or
19 after June 7, 2023 (the effective date of the changes made to
20 this Section by Public Act 103-8) this amendatory Act of the
21 103rd General Assembly, remaining funds returned to the State
22 by an institution that failed to meet the definition of
23 "independent college" and that received a grant from
24 appropriations enacted prior to June 28, 2019, shall not be
25 redistributed re-distributed. Any such funds shall instead be
26 added to the funds made available in the first grant cycle
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1 under subsection (d) of Section 25-10 by the Board of Higher
2 Education following June 7, 2023 (the effective date of the
3 changes made to this Section by Public Act 103-8) this
4 amendatory Act of the 103rd General Assembly and shall be
5 distributed pursuant to the formula as provided in subsection
6 (d) of Section 25-10.
7 (d-5) Notwithstanding subsection (a) of this Section, on
8 and after the effective date of the changes made to this
9 Section by this amendatory Act of the 104th General Assembly,
10 remaining funds returned to the State by an institution that
11 failed to meet the definition of "independent college" shall
12 not be redistributed.
13 (Source: P.A. 103-8, eff. 6-7-23.)
14 Section 5-60. The Illinois Income Tax Act is amended by
15 changing Section 901 as follows:
16 (35 ILCS 5/901)
17 Sec. 901. Collection authority.
18 (a) In general. The Department shall collect the taxes
19 imposed by this Act. The Department shall collect certified
20 past due child support amounts under Section 2505-650 of the
21 Department of Revenue Law of the Civil Administrative Code of
22 Illinois. Except as provided in subsections (b), (c), (e),
23 (f), (g), and (h) of this Section, money collected pursuant to
24 subsections (a) and (b) of Section 201 of this Act shall be
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1 paid into the General Revenue Fund in the State treasury;
2 money collected pursuant to subsections (c) and (d) of Section
3 201 of this Act shall be paid into the Personal Property Tax
4 Replacement Fund, a special fund in the State Treasury; and
5 money collected under Section 2505-650 of the Department of
6 Revenue Law of the Civil Administrative Code of Illinois shall
7 be paid into the Child Support Enforcement Trust Fund, a
8 special fund outside the State Treasury, or to the State
9 Disbursement Unit established under Section 10-26 of the
10 Illinois Public Aid Code, as directed by the Department of
11 Healthcare and Family Services.
12 (b) Local Government Distributive Fund. Beginning August
13 1, 2017 and continuing through July 31, 2022, the Treasurer
14 shall transfer each month from the General Revenue Fund to the
15 Local Government Distributive Fund an amount equal to the sum
16 of: (i) 6.06% (10% of the ratio of the 3% individual income tax
17 rate prior to 2011 to the 4.95% individual income tax rate
18 after July 1, 2017) of the net revenue realized from the tax
19 imposed by subsections (a) and (b) of Section 201 of this Act
20 upon individuals, trusts, and estates during the preceding
21 month; (ii) 6.85% (10% of the ratio of the 4.8% corporate
22 income tax rate prior to 2011 to the 7% corporate income tax
23 rate after July 1, 2017) of the net revenue realized from the
24 tax imposed by subsections (a) and (b) of Section 201 of this
25 Act upon corporations during the preceding month; and (iii)
26 beginning February 1, 2022, 6.06% of the net revenue realized
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1 from the tax imposed by subsection (p) of Section 201 of this
2 Act upon electing pass-through entities. Beginning August 1,
3 2022 and continuing through July 31, 2023, the Treasurer shall
4 transfer each month from the General Revenue Fund to the Local
5 Government Distributive Fund an amount equal to the sum of:
6 (i) 6.16% of the net revenue realized from the tax imposed by
7 subsections (a) and (b) of Section 201 of this Act upon
8 individuals, trusts, and estates during the preceding month;
9 (ii) 6.85% of the net revenue realized from the tax imposed by
10 subsections (a) and (b) of Section 201 of this Act upon
11 corporations during the preceding month; and (iii) 6.16% of
12 the net revenue realized from the tax imposed by subsection
13 (p) of Section 201 of this Act upon electing pass-through
14 entities. Beginning August 1, 2023, the Treasurer shall
15 transfer each month from the General Revenue Fund to the Local
16 Government Distributive Fund an amount equal to the sum of:
17 (i) 6.47% of the net revenue realized from the tax imposed by
18 subsections (a) and (b) of Section 201 of this Act upon
19 individuals, trusts, and estates during the preceding month;
20 (ii) 6.85% of the net revenue realized from the tax imposed by
21 subsections (a) and (b) of Section 201 of this Act upon
22 corporations during the preceding month; and (iii) 6.47% of
23 the net revenue realized from the tax imposed by subsection
24 (p) of Section 201 of this Act upon electing pass-through
25 entities. Net revenue realized for a month shall be defined as
26 the revenue from the tax imposed by subsections (a) and (b) of
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1 Section 201 of this Act which is deposited into the General
2 Revenue Fund, the Education Assistance Fund, the Income Tax
3 Surcharge Local Government Distributive Fund, the Fund for the
4 Advancement of Education, and the Commitment to Human Services
5 Fund during the month minus the amount paid out of the General
6 Revenue Fund in State warrants during that same month as
7 refunds to taxpayers for overpayment of liability under the
8 tax imposed by subsections (a) and (b) of Section 201 of this
9 Act.
10 Notwithstanding any provision of law to the contrary,
11 beginning on July 6, 2017 (the effective date of Public Act
12 100-23), those amounts required under this subsection (b) to
13 be transferred by the Treasurer into the Local Government
14 Distributive Fund from the General Revenue Fund shall be
15 directly deposited into the Local Government Distributive Fund
16 as the revenue is realized from the tax imposed by subsections
17 (a) and (b) of Section 201 of this Act.
18 (c) Deposits Into Income Tax Refund Fund.
19 (1) Beginning on January 1, 1989 and thereafter, the
20 Department shall deposit a percentage of the amounts
21 collected pursuant to subsections (a) and (b)(1), (2), and
22 (3) of Section 201 of this Act into a fund in the State
23 treasury known as the Income Tax Refund Fund. Beginning
24 with State fiscal year 1990 and for each fiscal year
25 thereafter, the percentage deposited into the Income Tax
26 Refund Fund during a fiscal year shall be the Annual
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1 Percentage. For fiscal year 2011, the Annual Percentage
2 shall be 8.75%. For fiscal year 2012, the Annual
3 Percentage shall be 8.75%. For fiscal year 2013, the
4 Annual Percentage shall be 9.75%. For fiscal year 2014,
5 the Annual Percentage shall be 9.5%. For fiscal year 2015,
6 the Annual Percentage shall be 10%. For fiscal year 2018,
7 the Annual Percentage shall be 9.8%. For fiscal year 2019,
8 the Annual Percentage shall be 9.7%. For fiscal year 2020,
9 the Annual Percentage shall be 9.5%. For fiscal year 2021,
10 the Annual Percentage shall be 9%. For fiscal year 2022,
11 the Annual Percentage shall be 9.25%. For fiscal year
12 2023, the Annual Percentage shall be 9.25%. For fiscal
13 year 2024, the Annual Percentage shall be 9.15%. For
14 fiscal year 2025, the Annual Percentage shall be 9.15%.
15 For fiscal year 2026, the Annual Percentage shall be
16 9.15%. For all other fiscal years, the Annual Percentage
17 shall be calculated as a fraction, the numerator of which
18 shall be the amount of refunds approved for payment by the
19 Department during the preceding fiscal year as a result of
20 overpayment of tax liability under subsections (a) and
21 (b)(1), (2), and (3) of Section 201 of this Act plus the
22 amount of such refunds remaining approved but unpaid at
23 the end of the preceding fiscal year, minus the amounts
24 transferred into the Income Tax Refund Fund from the
25 Tobacco Settlement Recovery Fund, and the denominator of
26 which shall be the amounts which will be collected
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1 pursuant to subsections (a) and (b)(1), (2), and (3) of
2 Section 201 of this Act during the preceding fiscal year;
3 except that in State fiscal year 2002, the Annual
4 Percentage shall in no event exceed 7.6%. The Director of
5 Revenue shall certify the Annual Percentage to the
6 Comptroller on the last business day of the fiscal year
7 immediately preceding the fiscal year for which it is to
8 be effective.
9 (2) 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)(6), (7), and
12 (8), (c) and (d) of Section 201 of this Act into a fund in
13 the State treasury known as the Income Tax Refund Fund.
14 Beginning with State fiscal year 1990 and for each fiscal
15 year thereafter, the percentage deposited into the Income
16 Tax Refund Fund during a fiscal year shall be the Annual
17 Percentage. For fiscal year 2011, the Annual Percentage
18 shall be 17.5%. For fiscal year 2012, the Annual
19 Percentage shall be 17.5%. For fiscal year 2013, the
20 Annual Percentage shall be 14%. For fiscal year 2014, the
21 Annual Percentage shall be 13.4%. For fiscal year 2015,
22 the Annual Percentage shall be 14%. For fiscal year 2018,
23 the Annual Percentage shall be 17.5%. For fiscal year
24 2019, the Annual Percentage shall be 15.5%. For fiscal
25 year 2020, the Annual Percentage shall be 14.25%. For
26 fiscal year 2021, the Annual Percentage shall be 14%. For
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1 fiscal year 2022, the Annual Percentage shall be 15%. For
2 fiscal year 2023, the Annual Percentage shall be 14.5%.
3 For fiscal year 2024, the Annual Percentage shall be 14%.
4 For fiscal year 2025, the Annual Percentage shall be 14%.
5 For fiscal year 2026, the Annual Percentage shall be 14%.
6 For all other fiscal years, the Annual Percentage shall be
7 calculated as a fraction, the numerator of which shall be
8 the amount of refunds approved for payment by the
9 Department during the preceding fiscal year as a result of
10 overpayment of tax liability under subsections (a) and
11 (b)(6), (7), and (8), (c) and (d) of Section 201 of this
12 Act plus the amount of such refunds remaining approved but
13 unpaid at the end of the preceding fiscal year, and the
14 denominator of which shall be the amounts which will be
15 collected pursuant to subsections (a) and (b)(6), (7), and
16 (8), (c) and (d) of Section 201 of this Act during the
17 preceding fiscal year; except that in State fiscal year
18 2002, the Annual Percentage shall in no event exceed 23%.
19 The Director of Revenue shall certify the Annual
20 Percentage to the Comptroller on the last business day of
21 the fiscal year immediately preceding the fiscal year for
22 which it is to be effective.
23 (3) The Comptroller shall order transferred and the
24 Treasurer shall transfer from the Tobacco Settlement
25 Recovery Fund to the Income Tax Refund Fund (i)
26 $35,000,000 in January, 2001, (ii) $35,000,000 in January,
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1 2002, and (iii) $35,000,000 in January, 2003.
2 (d) Expenditures from Income Tax Refund Fund.
3 (1) Beginning January 1, 1989, money in the Income Tax
4 Refund Fund shall be expended exclusively for the purpose
5 of paying refunds resulting from overpayment of tax
6 liability under Section 201 of this Act and for making
7 transfers pursuant to this subsection (d), except that in
8 State fiscal years 2022 and 2023, moneys in the Income Tax
9 Refund Fund shall also be used to pay one-time rebate
10 payments as provided under Sections 208.5 and 212.1.
11 (2) The Director shall order payment of refunds
12 resulting from overpayment of tax liability under Section
13 201 of this Act from the Income Tax Refund Fund only to the
14 extent that amounts collected pursuant to Section 201 of
15 this Act and transfers pursuant to this subsection (d) and
16 item (3) of subsection (c) have been deposited and
17 retained in the Fund.
18 (3) As soon as possible after the end of each fiscal
19 year, the Director shall order transferred and the State
20 Treasurer and State Comptroller shall transfer from the
21 Income Tax Refund Fund to the Personal Property Tax
22 Replacement Fund an amount, certified by the Director to
23 the Comptroller, equal to the excess of the amount
24 collected pursuant to subsections (c) and (d) of Section
25 201 of this Act deposited into the Income Tax Refund Fund
26 during the fiscal year over the amount of refunds
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1 resulting from overpayment of tax liability under
2 subsections (c) and (d) of Section 201 of this Act paid
3 from the Income Tax Refund Fund during the fiscal year.
4 (4) As soon as possible after the end of each fiscal
5 year, the Director shall order transferred and the State
6 Treasurer and State Comptroller shall transfer from the
7 Personal Property Tax Replacement Fund to the Income Tax
8 Refund Fund an amount, certified by the Director to the
9 Comptroller, equal to the excess of the amount of refunds
10 resulting from overpayment of tax liability under
11 subsections (c) and (d) of Section 201 of this Act paid
12 from the Income Tax Refund Fund during the fiscal year
13 over the amount collected pursuant to subsections (c) and
14 (d) of Section 201 of this Act deposited into the Income
15 Tax Refund Fund during the fiscal year.
16 (4.5) As soon as possible after the end of fiscal year
17 1999 and of each fiscal year thereafter, the Director
18 shall order transferred and the State Treasurer and State
19 Comptroller shall transfer from the Income Tax Refund Fund
20 to the General Revenue Fund any surplus remaining in the
21 Income Tax Refund Fund as of the end of such fiscal year;
22 excluding for fiscal years 2000, 2001, and 2002 amounts
23 attributable to transfers under item (3) of subsection (c)
24 less refunds resulting from the earned income tax credit,
25 and excluding for fiscal year 2022 amounts attributable to
26 transfers from the General Revenue Fund authorized by
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1 Public Act 102-700.
2 (5) This Act shall constitute an irrevocable and
3 continuing appropriation from the Income Tax Refund Fund
4 for the purposes of (i) paying refunds upon the order of
5 the Director in accordance with the provisions of this
6 Section and (ii) paying one-time rebate payments under
7 Sections 208.5 and 212.1.
8 (e) Deposits into the Education Assistance Fund and the
9 Income Tax Surcharge Local Government Distributive Fund. On
10 July 1, 1991, and thereafter, of the amounts collected
11 pursuant to subsections (a) and (b) of Section 201 of this Act,
12 minus deposits into the Income Tax Refund Fund, the Department
13 shall deposit 7.3% into the Education Assistance Fund in the
14 State Treasury. Beginning July 1, 1991, and continuing through
15 January 31, 1993, of the amounts collected pursuant to
16 subsections (a) and (b) of Section 201 of the Illinois Income
17 Tax Act, minus deposits into the Income Tax Refund Fund, the
18 Department shall deposit 3.0% into the Income Tax Surcharge
19 Local Government Distributive Fund in the State Treasury.
20 Beginning February 1, 1993 and continuing through June 30,
21 1993, of the amounts collected pursuant to subsections (a) and
22 (b) of Section 201 of the Illinois Income Tax Act, minus
23 deposits into the Income Tax Refund Fund, the Department shall
24 deposit 4.4% into the Income Tax Surcharge Local Government
25 Distributive Fund in the State Treasury. Beginning July 1,
26 1993, and continuing through June 30, 1994, of the amounts
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1 collected under subsections (a) and (b) of Section 201 of this
2 Act, minus deposits into the Income Tax Refund Fund, the
3 Department shall deposit 1.475% into the Income Tax Surcharge
4 Local Government Distributive Fund in the State Treasury.
5 (f) Deposits into the Fund for the Advancement of
6 Education. Beginning February 1, 2015, the Department shall
7 deposit the following portions of the revenue realized from
8 the tax imposed upon individuals, trusts, and estates by
9 subsections (a) and (b) of Section 201 of this Act, minus
10 deposits into the Income Tax Refund Fund, into the Fund for the
11 Advancement of Education:
12 (1) beginning February 1, 2015, and prior to February
13 1, 2025, 1/30; and
14 (2) beginning February 1, 2025, 1/26.
15 If the rate of tax imposed by subsection (a) and (b) of
16 Section 201 is reduced pursuant to Section 201.5 of this Act,
17 the Department shall not make the deposits required by this
18 subsection (f) on or after the effective date of the
19 reduction.
20 (g) Deposits into the Commitment to Human Services Fund.
21 Beginning February 1, 2015, the Department shall deposit the
22 following portions of the revenue realized from the tax
23 imposed upon individuals, trusts, and estates by subsections
24 (a) and (b) of Section 201 of this Act, minus deposits into the
25 Income Tax Refund Fund, into the Commitment to Human Services
26 Fund:
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1 (1) beginning February 1, 2015, and prior to February
2 1, 2025, 1/30; and
3 (2) beginning February 1, 2025, 1/26.
4 If the rate of tax imposed by subsection (a) and (b) of
5 Section 201 is reduced pursuant to Section 201.5 of this Act,
6 the Department shall not make the deposits required by this
7 subsection (g) on or after the effective date of the
8 reduction.
9 (h) Deposits into the Tax Compliance and Administration
10 Fund. Beginning on the first day of the first calendar month to
11 occur on or after August 26, 2014 (the effective date of Public
12 Act 98-1098), each month the Department shall pay into the Tax
13 Compliance and Administration Fund, to be used, subject to
14 appropriation, to fund additional auditors and compliance
15 personnel at the Department, an amount equal to 1/12 of 5% of
16 the cash receipts collected during the preceding fiscal year
17 by the Audit Bureau of the Department from the tax imposed by
18 subsections (a), (b), (c), and (d) of Section 201 of this Act,
19 net of deposits into the Income Tax Refund Fund made from those
20 cash receipts.
21 (Source: P.A. 102-16, eff. 6-17-21; 102-558, eff. 8-20-21;
22 102-658, eff. 8-27-21; 102-699, eff. 4-19-22; 102-700, eff.
23 4-19-22; 102-813, eff. 5-13-22; 103-8, eff. 6-7-23; 103-154,
24 eff. 6-30-23; 103-588, eff. 6-5-24.)
25 Section 5-65. The Property Tax Code is amended by changing
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1 Section 31-35 as follows:
2 (35 ILCS 200/31-35)
3 Sec. 31-35. Deposit of tax revenue.
4 (a) Beginning on June 6, 2002 (the effective date of
5 Public Act 92-536) this amendatory Act of the 92nd General
6 Assembly and through June 30, 2003, of the moneys collected
7 under Section 31-15, 50% shall be deposited into the Illinois
8 Affordable Housing Trust Fund, 20% into the Open Space Lands
9 Acquisition and Development Fund, 5% into the Natural Areas
10 Acquisition Fund, and 25% into the General Revenue Fund.
11 (b) Beginning July 1, 2003, and through June 30, 2025, of
12 the moneys collected under Section 31-15, 50% shall be
13 deposited into the Illinois Affordable Housing Trust Fund, 35%
14 into the Open Space Lands Acquisition and Development Fund,
15 and 15% into the Natural Areas Acquisition Fund.
16 (c) Beginning July 1, 2025, of the moneys collected under
17 Section 31-15, the first $300,000 shall be deposited into the
18 Governor's Administrative Fund each fiscal year. After all
19 required deposits into the Governor's Administrative Fund have
20 been made, the remainder shall be deposited as follows:
21 (1) 50% into the Illinois Affordable Housing Trust
22 Fund;
23 (2) 35% into the Open Space Lands Acquisition and
24 Development Fund; and
25 (3) 15% into the Natural Areas Acquisition Fund.
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1 (Source: P.A. 91-555, eff. 1-1-00; 92-536, eff. 6-6-02;
2 92-874, eff. 7-1-03.)
3 Section 5-67. The Illinois Police Training Act is amended
4 by changing Section 3.2 as follows:
5 (50 ILCS 705/3.2)
6 Sec. 3.2. Statewide PTSD Mental Health Coordinator.
7 (a) There is created under the authority of the Illinois
8 Law Enforcement Training Standards Board the Statewide PTSD
9 Mental Health Coordinator, appointed by the Governor, by and
10 with the advice and consent of the Senate, for a term of 4
11 years. The Statewide PTSD Mental Health Coordinator shall
12 receive a salary as determined by the Board provided by law and
13 is eligible for reappointment. The Statewide PTSD Mental
14 Health Coordinator shall be responsible for implementing a
15 program of mental health support and education for law
16 enforcement officers.
17 (b) The Statewide PTSD Mental Health Coordinator shall:
18 (1) be an active duty law enforcement officer with an
19 established career in different aspects of law
20 enforcement, including, but not limited to, having
21 experience as both a patrol officer and detective or in
22 both urban and rural settings;
23 (2) have a history of developing and disseminating
24 evidence-based training in mental health and resilience
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1 and with a strong working knowledge of the legislative
2 process at the State and local level; and
3 (3) have an established history of working with police
4 administrations and police unions.
5 (c) The Statewide PTSD Mental Health Coordinator shall:
6 (1) cooperate with statewide police academies to
7 introduce police recruits to mental health issues they
8 could face throughout their career in law enforcement;
9 (2) assist in establishing mental health training for
10 law enforcement, including resilience training,
11 trauma-based training, interdepartmental and
12 intradepartmental training, and training for law
13 enforcement families;
14 (3) select medical professionals statewide to
15 establish a reference list that can be utilized by police
16 departments who seek out professionals who offer
17 evidence-based treatment for trauma and have strong
18 working knowledge of the challenges faced by law
19 enforcement;
20 (4) cooperate with police agencies to establish peer
21 support programs;
22 (5) cooperate with private limited liability companies
23 who train in mental health and wellness to ensure that the
24 company programs are scientifically sound and factual;
25 (6) utilize the State university system to establish
26 training and produce research documentation of training
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1 effectiveness; and
2 (7) set standards for continuing education in mental
3 health with an emphasis on meeting the developmental
4 training needs for officers at various stages of their
5 career.
6 (d) The Statewide PTSD Mental Health Coordinator shall
7 report to the Board on the development and implementation of
8 programs and training for law enforcement officers and shall
9 advise the Board and receive advice from the Board on
10 direction and training needs for law enforcement agencies that
11 vary in size, location, and demographics.
12 (Source: P.A. 103-382, eff. 1-1-24.)
13 Section 5-70. The MC/DD Act is amended by changing Section
14 3-103 as follows:
15 (210 ILCS 46/3-103)
16 Sec. 3-103. Application for license; financial statement.
17 The procedure for obtaining a valid license shall be as
18 follows:
19 (1) Application to operate a facility shall be made to
20 the Department on forms furnished by the Department.
21 (2) All license applications shall be accompanied by
22 with an application fee. The fee for an annual license
23 shall be $995. Facilities that pay a fee or assessment
24 pursuant to Article V-C of the Illinois Public Aid Code
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1 shall be exempt from the license fee imposed under this
2 item (2). The fee for a 2-year license shall be double the
3 fee for the annual license set forth in the preceding
4 sentence. The fees collected shall be deposited with the
5 State Treasurer into the Long Term Care Monitor/Receiver
6 Fund, which has been created as a special fund in the State
7 treasury. This special fund is to be used by the
8 Department for expenses related to the appointment of
9 monitors and receivers as contained in Sections 3-501
10 through 3-517. At the end of each fiscal year, any funds in
11 excess of $1,000,000 held in the Long Term Care
12 Monitor/Receiver Fund shall be deposited in the State's
13 General Revenue Fund. The application shall be under oath
14 and the submission of false or misleading information
15 shall be a Class A misdemeanor. The application shall
16 contain the following information:
17 (a) The name and address of the applicant if an
18 individual, and if a firm, partnership, or
19 association, of every member thereof, and in the case
20 of a corporation, the name and address thereof and of
21 its officers and its registered agent, and in the case
22 of a unit of local government, the name and address of
23 its chief executive officer;
24 (b) The name and location of the facility for
25 which a license is sought;
26 (c) The name of the person or persons under whose
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1 management or supervision the facility will be
2 conducted;
3 (d) The number and type of residents for which
4 maintenance, personal care, or nursing is to be
5 provided; and
6 (e) Such information relating to the number,
7 experience, and training of the employees of the
8 facility, any management agreements for the operation
9 of the facility, and of the moral character of the
10 applicant and employees as the Department may deem
11 necessary.
12 (3) Each initial application shall be accompanied by a
13 financial statement setting forth the financial condition
14 of the applicant and by a statement from the unit of local
15 government having zoning jurisdiction over the facility's
16 location stating that the location of the facility is not
17 in violation of a zoning ordinance. An initial application
18 for a new facility shall be accompanied by a permit as
19 required by the Illinois Health Facilities Planning Act.
20 After the application is approved, the applicant shall
21 advise the Department every 6 months of any changes in the
22 information originally provided in the application.
23 (4) Other information necessary to determine the
24 identity and qualifications of an applicant to operate a
25 facility in accordance with this Act shall be included in
26 the application as required by the Department in
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1 regulations.
2 (Source: P.A. 99-180, eff. 7-29-15.)
3 Section 5-75. The ID/DD Community Care Act is amended by
4 changing Section 3-103 as follows:
5 (210 ILCS 47/3-103)
6 Sec. 3-103. Application for license; financial statement.
7 The procedure for obtaining a valid license shall be as
8 follows:
9 (1) Application to operate a facility shall be made to
10 the Department on forms furnished by the Department.
11 (2) All license applications shall be accompanied by
12 with an application fee. The fee for an annual license
13 shall be $995. Facilities that pay a fee or assessment
14 pursuant to Article V-C of the Illinois Public Aid Code
15 shall be exempt from the license fee imposed under this
16 item (2). The fee for a 2-year license shall be double the
17 fee for the annual license set forth in the preceding
18 sentence. The fees collected shall be deposited with the
19 State Treasurer into the Long Term Care Monitor/Receiver
20 Fund, which has been created as a special fund in the State
21 treasury. This special fund is to be used by the
22 Department for expenses related to the appointment of
23 monitors and receivers as contained in Sections 3-501
24 through 3-517. At the end of each fiscal year, any funds in
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1 excess of $1,000,000 held in the Long Term Care
2 Monitor/Receiver Fund shall be deposited in the State's
3 General Revenue Fund. The application shall be under oath
4 and the submission of false or misleading information
5 shall be a Class A misdemeanor. The application shall
6 contain the following information:
7 (a) The name and address of the applicant if an
8 individual, and if a firm, partnership, or
9 association, of every member thereof, and in the case
10 of a corporation, the name and address thereof and of
11 its officers and its registered agent, and in the case
12 of a unit of local government, the name and address of
13 its chief executive officer;
14 (b) The name and location of the facility for
15 which a license is sought;
16 (c) The name of the person or persons under whose
17 management or supervision the facility will be
18 conducted;
19 (d) The number and type of residents for which
20 maintenance, personal care, or nursing is to be
21 provided; and
22 (e) Such information relating to the number,
23 experience, and training of the employees of the
24 facility, any management agreements for the operation
25 of the facility, and of the moral character of the
26 applicant and employees as the Department may deem
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1 necessary.
2 (3) Each initial application shall be accompanied by a
3 financial statement setting forth the financial condition
4 of the applicant and by a statement from the unit of local
5 government having zoning jurisdiction over the facility's
6 location stating that the location of the facility is not
7 in violation of a zoning ordinance. An initial application
8 for a new facility shall be accompanied by a permit as
9 required by the Illinois Health Facilities Planning Act.
10 After the application is approved, the applicant shall
11 advise the Department every 6 months of any changes in the
12 information originally provided in the application.
13 (4) Other information necessary to determine the
14 identity and qualifications of an applicant to operate a
15 facility in accordance with this Act shall be included in
16 the application as required by the Department in
17 regulations.
18 (Source: P.A. 96-339, eff. 7-1-10.)
19 Section 5-80. The Illinois Insurance Code is amended by
20 changing Section 500-135 as follows:
21 (215 ILCS 5/500-135)
22 (Section scheduled to be repealed on January 1, 2027)
23 Sec. 500-135. Fees.
24 (a) The fees required by this Article are as follows:
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1 (1) a fee of $215 for a person who is a resident of
2 Illinois, and $380 for a person who is not a resident of
3 Illinois, payable once every 2 years for an insurance
4 producer license;
5 (2) a fee of $50 for the issuance of a temporary
6 insurance producer license;
7 (3) a fee of $150 payable once every 2 years for a
8 business entity;
9 (4) an annual $50 fee for a limited line producer
10 license issued under items (1) through (8) of subsection
11 (a) of Section 500-100;
12 (5) a $50 application fee for the processing of a
13 request to take the written examination for an insurance
14 producer license;
15 (6) an annual registration fee of $1,000 for
16 registration of an education provider;
17 (7) a certification fee of $50 for each certified
18 pre-licensing or continuing education course and an annual
19 fee of $20 for renewing the certification of each such
20 course;
21 (8) a fee of $215 for a person who is a resident of
22 Illinois, and $380 for a person who is not a resident of
23 Illinois, payable once every 2 years for a car rental
24 limited line license;
25 (9) a fee of $200 payable once every 2 years for a
26 limited lines license other than the licenses issued under
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1 items (1) through (8) of subsection (a) of Section
2 500-100, a car rental limited line license, or a
3 self-service storage facility limited line license;
4 (10) a fee of $50 payable once every 2 years for a
5 self-service storage facility limited line license.
6 (a-5) The Department shall annually transfer Beginning on
7 July 1, 2021, an amount equal to the additional amount of
8 revenue collected under paragraphs (1) and (8) of subsection
9 (a) as a result of the increase in the fees under Public Act
10 102-16 from the Insurance Producer Administration Fund to the
11 designated funds as follows: this amendatory Act of the 102nd
12 General Assembly shall be transferred annually, with
13 (1) Through June 30, 2025, 10% of that amount paid
14 into the State Police Law Enforcement Administration Fund
15 and 90% of that amount paid into the Law Enforcement
16 Training Fund; and
17 (2) Beginning July 1, 2025, 10% into the State Police
18 Law Enforcement Administration Fund, 10% into the State
19 Police Vehicle Fund, and 80% into the Law Enforcement
20 Training Fund.
21 (b) Except as otherwise provided, all fees paid to and
22 collected by the Director under this Section shall be paid
23 promptly after receipt thereof, together with a detailed
24 statement of such fees, into a special fund in the State
25 Treasury to be known as the Insurance Producer Administration
26 Fund. The moneys deposited into the Insurance Producer
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1 Administration Fund may be used only for payment of the
2 expenses of the Department in the execution, administration,
3 and enforcement of the insurance laws of this State, and shall
4 be appropriated as otherwise provided by law for the payment
5 of those expenses with first priority being any expenses
6 incident to or associated with the administration and
7 enforcement of this Article.
8 (Source: P.A. 102-16, eff. 6-17-21; 103-609, eff. 7-1-24.)
9 Section 5-85. The Illinois Gambling Act is amended by
10 changing Section 13 as follows:
11 (230 ILCS 10/13) (from Ch. 120, par. 2413)
12 Sec. 13. Wagering tax; rate; distribution.
13 (a) Until January 1, 1998, a tax is imposed on the adjusted
14 gross receipts received from gambling games authorized under
15 this Act at the rate of 20%.
16 (a-1) From January 1, 1998 until July 1, 2002, a privilege
17 tax is imposed on persons engaged in the business of
18 conducting riverboat gambling operations, based on the
19 adjusted gross receipts received by a licensed owner from
20 gambling games authorized under this Act at the following
21 rates:
22 15% of annual adjusted gross receipts up to and
23 including $25,000,000;
24 20% of annual adjusted gross receipts in excess of
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1 $25,000,000 but not exceeding $50,000,000;
2 25% of annual adjusted gross receipts in excess of
3 $50,000,000 but not exceeding $75,000,000;
4 30% of annual adjusted gross receipts in excess of
5 $75,000,000 but not exceeding $100,000,000;
6 35% of annual adjusted gross receipts in excess of
7 $100,000,000.
8 (a-2) From July 1, 2002 until July 1, 2003, a privilege tax
9 is imposed on persons engaged in the business of conducting
10 riverboat gambling operations, other than licensed managers
11 conducting riverboat gambling operations on behalf of the
12 State, based on the adjusted gross receipts received by a
13 licensed owner from gambling games authorized under this Act
14 at the following rates:
15 15% of annual adjusted gross receipts up to and
16 including $25,000,000;
17 22.5% of annual adjusted gross receipts in excess of
18 $25,000,000 but not exceeding $50,000,000;
19 27.5% of annual adjusted gross receipts in excess of
20 $50,000,000 but not exceeding $75,000,000;
21 32.5% of annual adjusted gross receipts in excess of
22 $75,000,000 but not exceeding $100,000,000;
23 37.5% of annual adjusted gross receipts in excess of
24 $100,000,000 but not exceeding $150,000,000;
25 45% of annual adjusted gross receipts in excess of
26 $150,000,000 but not exceeding $200,000,000;
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1 50% of annual adjusted gross receipts in excess of
2 $200,000,000.
3 (a-3) Beginning July 1, 2003, a privilege tax is imposed
4 on persons engaged in the business of conducting riverboat
5 gambling operations, other than licensed managers conducting
6 riverboat gambling operations on behalf of the State, based on
7 the adjusted gross receipts received by a licensed owner from
8 gambling games authorized under this Act at the following
9 rates:
10 15% of annual adjusted gross receipts up to and
11 including $25,000,000;
12 27.5% of annual adjusted gross receipts in excess of
13 $25,000,000 but not exceeding $37,500,000;
14 32.5% of annual adjusted gross receipts in excess of
15 $37,500,000 but not exceeding $50,000,000;
16 37.5% of annual adjusted gross receipts in excess of
17 $50,000,000 but not exceeding $75,000,000;
18 45% of annual adjusted gross receipts in excess of
19 $75,000,000 but not exceeding $100,000,000;
20 50% of annual adjusted gross receipts in excess of
21 $100,000,000 but not exceeding $250,000,000;
22 70% of annual adjusted gross receipts in excess of
23 $250,000,000.
24 An amount equal to the amount of wagering taxes collected
25 under this subsection (a-3) that are in addition to the amount
26 of wagering taxes that would have been collected if the
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1 wagering tax rates under subsection (a-2) were in effect shall
2 be paid into the Common School Fund.
3 The privilege tax imposed under this subsection (a-3)
4 shall no longer be imposed beginning on the earlier of (i) July
5 1, 2005; (ii) the first date after June 20, 2003 that riverboat
6 gambling operations are conducted pursuant to a dormant
7 license; or (iii) the first day that riverboat gambling
8 operations are conducted under the authority of an owners
9 license that is in addition to the 10 owners licenses
10 initially authorized under this Act. For the purposes of this
11 subsection (a-3), the term "dormant license" means an owners
12 license that is authorized by this Act under which no
13 riverboat gambling operations are being conducted on June 20,
14 2003.
15 (a-4) Beginning on the first day on which the tax imposed
16 under subsection (a-3) is no longer imposed and ending upon
17 the imposition of the privilege tax under subsection (a-5) of
18 this Section, a privilege tax is imposed on persons engaged in
19 the business of conducting gambling operations, other than
20 licensed managers conducting riverboat gambling operations on
21 behalf of the State, based on the adjusted gross receipts
22 received by a licensed owner from gambling games authorized
23 under this Act 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 For the imposition of the privilege tax in this subsection
13 (a-4), amounts paid pursuant to item (1) of subsection (b) of
14 Section 56 of the Illinois Horse Racing Act of 1975 shall not
15 be included in the determination of adjusted gross receipts.
16 (a-5)(1) Beginning on July 1, 2020, a privilege tax is
17 imposed on persons engaged in the business of conducting
18 gambling operations, other than the owners licensee under
19 paragraph (1) of subsection (e-5) of Section 7 and licensed
20 managers conducting riverboat gambling operations on behalf of
21 the State, based on the adjusted gross receipts received by
22 such licensee from the gambling games authorized under this
23 Act. The privilege tax for all gambling games other than table
24 games, including, but not limited to, slot machines, video
25 game of chance gambling, and electronic gambling games shall
26 be at the following rates:
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1 15% of annual adjusted gross receipts up to and
2 including $25,000,000;
3 22.5% of annual adjusted gross receipts in excess of
4 $25,000,000 but not exceeding $50,000,000;
5 27.5% of annual adjusted gross receipts in excess of
6 $50,000,000 but not exceeding $75,000,000;
7 32.5% of annual adjusted gross receipts in excess of
8 $75,000,000 but not exceeding $100,000,000;
9 37.5% of annual adjusted gross receipts in excess of
10 $100,000,000 but not exceeding $150,000,000;
11 45% of annual adjusted gross receipts in excess of
12 $150,000,000 but not exceeding $200,000,000;
13 50% of annual adjusted gross receipts in excess of
14 $200,000,000.
15 The privilege tax for table games shall be at the
16 following rates:
17 15% of annual adjusted gross receipts up to and
18 including $25,000,000;
19 20% of annual adjusted gross receipts in excess of
20 $25,000,000.
21 For the imposition of the privilege tax in this subsection
22 (a-5), 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 (2) Beginning on the first day that an owners licensee
26 under paragraph (1) of subsection (e-5) of Section 7 conducts
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1 gambling operations, either in a temporary facility or a
2 permanent facility, a privilege tax is imposed on persons
3 engaged in the business of conducting gambling operations
4 under paragraph (1) of subsection (e-5) of Section 7, other
5 than licensed managers conducting riverboat gambling
6 operations on behalf of the State, based on the adjusted gross
7 receipts received by such licensee from the gambling games
8 authorized under this Act. The privilege tax for all gambling
9 games other than table games, including, but not limited to,
10 slot machines, video game of chance gambling, and electronic
11 gambling games shall be at the following rates:
12 12% of annual adjusted gross receipts up to and
13 including $25,000,000 to the State and 10.5% of annual
14 adjusted gross receipts up to and including $25,000,000 to
15 the City of Chicago;
16 16% of annual adjusted gross receipts in excess of
17 $25,000,000 but not exceeding $50,000,000 to the State and
18 14% of annual adjusted gross receipts in excess of
19 $25,000,000 but not exceeding $50,000,000 to the City of
20 Chicago;
21 20.1% of annual adjusted gross receipts in excess of
22 $50,000,000 but not exceeding $75,000,000 to the State and
23 17.4% of annual adjusted gross receipts in excess of
24 $50,000,000 but not exceeding $75,000,000 to the City of
25 Chicago;
26 21.4% of annual adjusted gross receipts in excess of
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1 $75,000,000 but not exceeding $100,000,000 to the State
2 and 18.6% of annual adjusted gross receipts in excess of
3 $75,000,000 but not exceeding $100,000,000 to the City of
4 Chicago;
5 22.7% of annual adjusted gross receipts in excess of
6 $100,000,000 but not exceeding $150,000,000 to the State
7 and 19.8% of annual adjusted gross receipts in excess of
8 $100,000,000 but not exceeding $150,000,000 to the City of
9 Chicago;
10 24.1% of annual adjusted gross receipts in excess of
11 $150,000,000 but not exceeding $225,000,000 to the State
12 and 20.9% of annual adjusted gross receipts in excess of
13 $150,000,000 but not exceeding $225,000,000 to the City of
14 Chicago;
15 26.8% of annual adjusted gross receipts in excess of
16 $225,000,000 but not exceeding $1,000,000,000 to the State
17 and 23.2% of annual adjusted gross receipts in excess of
18 $225,000,000 but not exceeding $1,000,000,000 to the City
19 of Chicago;
20 40% of annual adjusted gross receipts in excess of
21 $1,000,000,000 to the State and 34.7% of annual gross
22 receipts in excess of $1,000,000,000 to the City of
23 Chicago.
24 The privilege tax for table games shall be at the
25 following rates:
26 8.1% of annual adjusted gross receipts up to and
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1 including $25,000,000 to the State and 6.9% of annual
2 adjusted gross receipts up to and including $25,000,000 to
3 the City of Chicago;
4 10.7% of annual adjusted gross receipts in excess of
5 $25,000,000 but not exceeding $75,000,000 to the State and
6 9.3% of annual adjusted gross receipts in excess of
7 $25,000,000 but not exceeding $75,000,000 to the City of
8 Chicago;
9 11.2% of annual adjusted gross receipts in excess of
10 $75,000,000 but not exceeding $175,000,000 to the State
11 and 9.8% of annual adjusted gross receipts in excess of
12 $75,000,000 but not exceeding $175,000,000 to the City of
13 Chicago;
14 13.5% of annual adjusted gross receipts in excess of
15 $175,000,000 but not exceeding $225,000,000 to the State
16 and 11.5% of annual adjusted gross receipts in excess of
17 $175,000,000 but not exceeding $225,000,000 to the City of
18 Chicago;
19 15.1% of annual adjusted gross receipts in excess of
20 $225,000,000 but not exceeding $275,000,000 to the State
21 and 12.9% of annual adjusted gross receipts in excess of
22 $225,000,000 but not exceeding $275,000,000 to the City of
23 Chicago;
24 16.2% of annual adjusted gross receipts in excess of
25 $275,000,000 but not exceeding $375,000,000 to the State
26 and 13.8% of annual adjusted gross receipts in excess of
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1 $275,000,000 but not exceeding $375,000,000 to the City of
2 Chicago;
3 18.9% of annual adjusted gross receipts in excess of
4 $375,000,000 to the State and 16.1% of annual gross
5 receipts in excess of $375,000,000 to the City of Chicago.
6 For the imposition of the privilege tax in this subsection
7 (a-5), amounts paid pursuant to item (1) of subsection (b) of
8 Section 56 of the Illinois Horse Racing Act of 1975 shall not
9 be included in the determination of adjusted gross receipts.
10 (3) Notwithstanding the provisions of this subsection
11 (a-5), for the first 10 years that the privilege tax is imposed
12 under this subsection (a-5) or until the year preceding the
13 calendar year in which paragraph (4) becomes operative,
14 whichever occurs first, the privilege tax shall be imposed on
15 the modified annual adjusted gross receipts of a riverboat or
16 casino conducting gambling operations in the City of East St.
17 Louis, unless:
18 (1) the riverboat or casino fails to employ at least
19 450 people, except no minimum employment shall be required
20 during 2020 and 2021 or during periods that the riverboat
21 or casino is closed on orders of State officials for
22 public health emergencies or other emergencies not caused
23 by the riverboat or casino;
24 (2) the riverboat or casino fails to maintain
25 operations in a manner consistent with this Act or is not a
26 viable riverboat or casino subject to the approval of the
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1 Board; or
2 (3) the owners licensee is not an entity in which
3 employees participate in an employee stock ownership plan
4 or in which the owners licensee sponsors a 401(k)
5 retirement plan and makes a matching employer contribution
6 equal to at least one-quarter of the first 12% or one-half
7 of the first 6% of each participating employee's
8 contribution, not to exceed any limitations under federal
9 laws and regulations.
10 (4) Notwithstanding the provisions of this subsection
11 (a-5), for 10 calendar years beginning in the year that
12 gambling operations commence either in a temporary or
13 permanent facility at an organization gaming facility located
14 in the City of Collinsville, the privilege tax imposed under
15 this subsection (a-5) on a riverboat or casino conducting
16 gambling operations in the City of East St. Louis shall be
17 reduced, if applicable, by an amount equal to the difference
18 in adjusted gross receipts for the 2022 calendar year less the
19 current year's adjusted gross receipts, unless:
20 (A) the riverboat or casino fails to employ at least
21 350 people, except that no minimum employment shall be
22 required during periods that the riverboat or casino is
23 closed on orders of State officials for public health
24 emergencies or other emergencies not caused by the
25 riverboat or casino;
26 (B) the riverboat or casino fails to maintain
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1 operations in a manner consistent with this Act or is not a
2 viable riverboat or casino subject to the approval of the
3 Board; or
4 (C) the riverboat or casino fails to submit audited
5 financial statements to the Board prepared by an
6 accounting firm that has been preapproved by the Board and
7 such statements were prepared in accordance with the
8 provisions of the Financial Accounting Standards Board
9 Accounting Standards Codification under nongovernmental
10 accounting principles generally accepted in the United
11 States.
12 As used in this subsection (a-5), "modified annual
13 adjusted gross receipts" means:
14 (A) for calendar year 2020, the annual adjusted gross
15 receipts for the current year minus the difference between
16 an amount equal to the average annual adjusted gross
17 receipts from a riverboat or casino conducting gambling
18 operations in the City of East St. Louis for 2014, 2015,
19 2016, 2017, and 2018 and the annual adjusted gross
20 receipts for 2018;
21 (B) for calendar year 2021, the annual adjusted gross
22 receipts for the current year minus the difference between
23 an amount equal to the average annual adjusted gross
24 receipts from a riverboat or casino conducting gambling
25 operations in the City of East St. Louis for 2014, 2015,
26 2016, 2017, and 2018 and the annual adjusted gross
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1 receipts for 2019; and
2 (C) for calendar years 2022 through 2029, the annual
3 adjusted gross receipts for the current year minus the
4 difference between an amount equal to the average annual
5 adjusted gross receipts from a riverboat or casino
6 conducting gambling operations in the City of East St.
7 Louis for 3 years preceding the current year and the
8 annual adjusted gross receipts for the immediately
9 preceding year.
10 (a-6) From June 28, 2019 (the effective date of Public Act
11 101-31) until June 30, 2023, an owners licensee that conducted
12 gambling operations prior to January 1, 2011 shall receive a
13 dollar-for-dollar credit against the tax imposed under this
14 Section for any renovation or construction costs paid by the
15 owners licensee, but in no event shall the credit exceed
16 $2,000,000.
17 Additionally, from June 28, 2019 (the effective date of
18 Public Act 101-31) until December 31, 2024, an owners licensee
19 that (i) is located within 15 miles of the Missouri border, and
20 (ii) has at least 3 riverboats, casinos, or their equivalent
21 within a 45-mile radius, may be authorized to relocate to a new
22 location with the approval of both the unit of local
23 government designated as the home dock and the Board, so long
24 as the new location is within the same unit of local government
25 and no more than 3 miles away from its original location. Such
26 owners licensee shall receive a credit against the tax imposed
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1 under this Section equal to 8% of the total project costs, as
2 approved by the Board, for any renovation or construction
3 costs paid by the owners licensee for the construction of the
4 new facility, provided that the new facility is operational by
5 July 1, 2024. In determining whether or not to approve a
6 relocation, the Board must consider the extent to which the
7 relocation will diminish the gaming revenues received by other
8 Illinois gaming facilities.
9 (a-7) Beginning in the initial adjustment year and through
10 the final adjustment year, if the total obligation imposed
11 pursuant to either subsection (a-5) or (a-6) will result in an
12 owners licensee receiving less after-tax adjusted gross
13 receipts than it received in calendar year 2018, then the
14 total amount of privilege taxes that the owners licensee is
15 required to pay for that calendar year shall be reduced to the
16 extent necessary so that the after-tax adjusted gross receipts
17 in that calendar year equals the after-tax adjusted gross
18 receipts in calendar year 2018, but the privilege tax
19 reduction shall not exceed the annual adjustment cap. If
20 pursuant to this subsection (a-7), the total obligation
21 imposed pursuant to either subsection (a-5) or (a-6) shall be
22 reduced, then the owners licensee shall not receive a refund
23 from the State at the end of the subject calendar year but
24 instead shall be able to apply that amount as a credit against
25 any payments it owes to the State in the following calendar
26 year to satisfy its total obligation under either subsection
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1 (a-5) or (a-6). The credit for the final adjustment year shall
2 occur in the calendar year following the final adjustment
3 year.
4 If an owners licensee that conducted gambling operations
5 prior to January 1, 2019 expands its riverboat or casino,
6 including, but not limited to, with respect to its gaming
7 floor, additional non-gaming amenities such as restaurants,
8 bars, and hotels and other additional facilities, and incurs
9 construction and other costs related to such expansion from
10 June 28, 2019 (the effective date of Public Act 101-31) until
11 June 28, 2029, then for each $15,000,000 spent for any such
12 construction or other costs related to expansion paid by the
13 owners licensee, the final adjustment year shall be extended
14 by one year and the annual adjustment cap shall increase by
15 0.2% of adjusted gross receipts during each calendar year
16 until and including the final adjustment year. No further
17 modifications to the final adjustment year or annual
18 adjustment cap shall be made after $75,000,000 is incurred in
19 construction or other costs related to expansion so that the
20 final adjustment year shall not extend beyond the 9th calendar
21 year after the initial adjustment year, not including the
22 initial adjustment year, and the annual adjustment cap shall
23 not exceed 4% of adjusted gross receipts in a particular
24 calendar year. Construction and other costs related to
25 expansion shall include all project related costs, including,
26 but not limited to, all hard and soft costs, financing costs,
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1 on or off-site ground, road or utility work, cost of gaming
2 equipment and all other personal property, initial fees
3 assessed for each incremental gaming position, and the cost of
4 incremental land acquired for such expansion. Soft costs shall
5 include, but not be limited to, legal fees, architect,
6 engineering and design costs, other consultant costs,
7 insurance cost, permitting costs, and pre-opening costs
8 related to the expansion, including, but not limited to, any
9 of the following: marketing, real estate taxes, personnel,
10 training, travel and out-of-pocket expenses, supply,
11 inventory, and other costs, and any other project related soft
12 costs.
13 To be eligible for the tax credits in subsection (a-6),
14 all construction contracts shall include a requirement that
15 the contractor enter into a project labor agreement with the
16 building and construction trades council with geographic
17 jurisdiction of the location of the proposed gaming facility.
18 Notwithstanding any other provision of this subsection
19 (a-7), this subsection (a-7) does not apply to an owners
20 licensee unless such owners licensee spends at least
21 $15,000,000 on construction and other costs related to its
22 expansion, excluding the initial fees assessed for each
23 incremental gaming position.
24 This subsection (a-7) does not apply to owners licensees
25 authorized pursuant to subsection (e-5) of Section 7 of this
26 Act.
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1 For purposes of this subsection (a-7):
2 "Building and construction trades council" means any
3 organization representing multiple construction entities that
4 are monitoring or attentive to compliance with public or
5 workers' safety laws, wage and hour requirements, or other
6 statutory requirements or that are making or maintaining
7 collective bargaining agreements.
8 "Initial adjustment year" means the year commencing on
9 January 1 of the calendar year immediately following the
10 earlier of the following:
11 (1) the commencement of gambling operations, either in
12 a temporary or permanent facility, with respect to the
13 owners license authorized under paragraph (1) of
14 subsection (e-5) of Section 7 of this Act; or
15 (2) June 28, 2021 (24 months after the effective date
16 of Public Act 101-31);
17 provided the initial adjustment year shall not commence
18 earlier than June 28, 2020 (12 months after the effective date
19 of Public Act 101-31).
20 "Final adjustment year" means the 2nd calendar year after
21 the initial adjustment year, not including the initial
22 adjustment year, and as may be extended further as described
23 in this subsection (a-7).
24 "Annual adjustment cap" means 3% of adjusted gross
25 receipts in a particular calendar year, and as may be
26 increased further as otherwise described in this subsection
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1 (a-7).
2 (a-8) Riverboat gambling operations conducted by a
3 licensed manager on behalf of the State are not subject to the
4 tax imposed under this Section.
5 (a-9) Beginning on January 1, 2020, the calculation of
6 gross receipts or adjusted gross receipts, for the purposes of
7 this Section, for a riverboat, a casino, or an organization
8 gaming facility shall not include the dollar amount of
9 non-cashable vouchers, coupons, and electronic promotions
10 redeemed by wagerers upon the riverboat, in the casino, or in
11 the organization gaming facility up to and including an amount
12 not to exceed 20% of a riverboat's, a casino's, or an
13 organization gaming facility's adjusted gross receipts.
14 The Illinois Gaming Board shall submit to the General
15 Assembly a comprehensive report no later than March 31, 2023
16 detailing, at a minimum, the effect of removing non-cashable
17 vouchers, coupons, and electronic promotions from this
18 calculation on net gaming revenues to the State in calendar
19 years 2020 through 2022, the increase or reduction in wagerers
20 as a result of removing non-cashable vouchers, coupons, and
21 electronic promotions from this calculation, the effect of the
22 tax rates in subsection (a-5) on net gaming revenues to this
23 State, and proposed modifications to the calculation.
24 (a-10) The taxes imposed by this Section shall be paid by
25 the licensed owner or the organization gaming licensee to the
26 Board not later than 5:00 o'clock p.m. of the day after the day
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1 when the wagers were made.
2 (a-15) If the privilege tax imposed under subsection (a-3)
3 is no longer imposed pursuant to item (i) of the last paragraph
4 of subsection (a-3), then by June 15 of each year, each owners
5 licensee, other than an owners licensee that admitted
6 1,000,000 persons or fewer in calendar year 2004, must, in
7 addition to the payment of all amounts otherwise due under
8 this Section, pay to the Board a reconciliation payment in the
9 amount, if any, by which the licensed owner's base amount
10 exceeds the amount of net privilege tax paid by the licensed
11 owner to the Board in the then current State fiscal year. A
12 licensed owner's net privilege tax obligation due for the
13 balance of the State fiscal year shall be reduced up to the
14 total of the amount paid by the licensed owner in its June 15
15 reconciliation payment. The obligation imposed by this
16 subsection (a-15) is binding on any person, firm, corporation,
17 or other entity that acquires an ownership interest in any
18 such owners license. The obligation imposed under this
19 subsection (a-15) terminates on the earliest of: (i) July 1,
20 2007, (ii) the first day after August 23, 2005 (the effective
21 date of Public Act 94-673) that riverboat gambling operations
22 are conducted pursuant to a dormant license, (iii) the first
23 day that riverboat gambling operations are conducted under the
24 authority of an owners license that is in addition to the 10
25 owners licenses initially authorized under this Act, or (iv)
26 the first day that a licensee under the Illinois Horse Racing
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1 Act of 1975 conducts gaming operations with slot machines or
2 other electronic gaming devices. The Board must reduce the
3 obligation imposed under this subsection (a-15) by an amount
4 the Board deems reasonable for any of the following reasons:
5 (A) an act or acts of God, (B) an act of bioterrorism or
6 terrorism or a bioterrorism or terrorism threat that was
7 investigated by a law enforcement agency, or (C) a condition
8 beyond the control of the owners licensee that does not result
9 from any act or omission by the owners licensee or any of its
10 agents and that poses a hazardous threat to the health and
11 safety of patrons. If an owners licensee pays an amount in
12 excess of its liability under this Section, the Board shall
13 apply the overpayment to future payments required under this
14 Section.
15 For purposes of this subsection (a-15):
16 "Act of God" means an incident caused by the operation of
17 an extraordinary force that cannot be foreseen, that cannot be
18 avoided by the exercise of due care, and for which no person
19 can be held liable.
20 "Base amount" means the following:
21 For a riverboat in Alton, $31,000,000.
22 For a riverboat in East Peoria, $43,000,000.
23 For the Empress riverboat in Joliet, $86,000,000.
24 For a riverboat in Metropolis, $45,000,000.
25 For the Harrah's riverboat in Joliet, $114,000,000.
26 For a riverboat in Aurora, $86,000,000.
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1 For a riverboat in East St. Louis, $48,500,000.
2 For a riverboat in Elgin, $198,000,000.
3 "Dormant license" has the meaning ascribed to it in
4 subsection (a-3).
5 "Net privilege tax" means all privilege taxes paid by a
6 licensed owner to the Board under this Section, less all
7 payments made from the State Gaming Fund pursuant to
8 subsection (b) of this Section.
9 The changes made to this subsection (a-15) by Public Act
10 94-839 are intended to restate and clarify the intent of
11 Public Act 94-673 with respect to the amount of the payments
12 required to be made under this subsection by an owners
13 licensee to the Board.
14 (b) From the tax revenue from riverboat or casino gambling
15 deposited into in the State Gaming Fund under this Section, an
16 amount equal to 5% of adjusted gross receipts generated by a
17 riverboat or a casino, other than a riverboat or casino
18 designated in paragraph (1), (3), or (4) of subsection (e-5)
19 of Section 7, shall be paid monthly, subject to appropriation
20 by the General Assembly, to the unit of local government in
21 which the casino is located or that is designated as the home
22 dock of the riverboat. Notwithstanding anything to the
23 contrary, beginning on the first day that an owners licensee
24 under paragraph (1), (2), (3), (4), (5), or (6) of subsection
25 (e-5) of Section 7 conducts gambling operations, either in a
26 temporary facility or a permanent facility, and for 2 years
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1 thereafter, a unit of local government designated as the home
2 dock of a riverboat whose license was issued before January 1,
3 2019, other than a riverboat conducting gambling operations in
4 the City of East St. Louis, shall not receive less under this
5 subsection (b) than the amount the unit of local government
6 received under this subsection (b) in calendar year 2018.
7 Notwithstanding anything to the contrary and because the City
8 of East St. Louis is a financially distressed city, beginning
9 on the first day that an owners licensee under paragraph (1),
10 (2), (3), (4), (5), or (6) of subsection (e-5) of Section 7
11 conducts gambling operations, either in a temporary facility
12 or a permanent facility, and for 10 years thereafter, a unit of
13 local government designated as the home dock of a riverboat
14 conducting gambling operations in the City of East St. Louis
15 shall not receive less under this subsection (b) than the
16 amount the unit of local government received under this
17 subsection (b) in calendar year 2018.
18 From the tax revenue deposited into in the State Gaming
19 Fund pursuant to riverboat or casino gambling operations
20 conducted by a licensed manager on behalf of the State, an
21 amount equal to 5% of adjusted gross receipts generated
22 pursuant to those riverboat or casino gambling operations
23 shall be paid monthly, subject to appropriation by the General
24 Assembly, to the unit of local government that is designated
25 as the home dock of the riverboat upon which those riverboat
26 gambling operations are conducted or in which the casino is
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1 located.
2 From the tax revenue from riverboat or casino gambling
3 deposited into in the State Gaming Fund under this Section, an
4 amount equal to 5% of the adjusted gross receipts generated by
5 a riverboat designated in paragraph (3) of subsection (e-5) of
6 Section 7 shall be divided and remitted monthly, subject to
7 appropriation, as follows: 70% to Waukegan, 10% to Park City,
8 15% to North Chicago, and 5% to Lake County.
9 From the tax revenue from riverboat or casino gambling
10 deposited into in the State Gaming Fund under this Section, an
11 amount equal to 5% of the adjusted gross receipts generated by
12 a riverboat designated in paragraph (4) of subsection (e-5) of
13 Section 7 shall be remitted monthly, subject to appropriation,
14 as follows: 70% to the City of Rockford, 5% to the City of
15 Loves Park, 5% to the Village of Machesney, and 20% to
16 Winnebago County.
17 From the tax revenue from riverboat or casino gambling
18 deposited into in the State Gaming Fund under this Section, an
19 amount equal to 5% of the adjusted gross receipts generated by
20 a riverboat designated in paragraph (5) of subsection (e-5) of
21 Section 7 shall be remitted monthly, subject to appropriation,
22 as follows: 2% to the unit of local government in which the
23 riverboat or casino is located, and 3% shall be distributed:
24 (A) in accordance with a regional capital development plan
25 entered into by the following communities: Village of Beecher,
26 City of Blue Island, Village of Burnham, City of Calumet City,
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1 Village of Calumet Park, City of Chicago Heights, City of
2 Country Club Hills, Village of Crestwood, Village of Crete,
3 Village of Dixmoor, Village of Dolton, Village of East Hazel
4 Crest, Village of Flossmoor, Village of Ford Heights, Village
5 of Glenwood, City of Harvey, Village of Hazel Crest, Village
6 of Homewood, Village of Lansing, Village of Lynwood, City of
7 Markham, Village of Matteson, Village of Midlothian, Village
8 of Monee, City of Oak Forest, Village of Olympia Fields,
9 Village of Orland Hills, Village of Orland Park, City of Palos
10 Heights, Village of Park Forest, Village of Phoenix, Village
11 of Posen, Village of Richton Park, Village of Riverdale,
12 Village of Robbins, Village of Sauk Village, Village of South
13 Chicago Heights, Village of South Holland, Village of Steger,
14 Village of Thornton, Village of Tinley Park, Village of
15 University Park, and Village of Worth; or (B) if no regional
16 capital development plan exists, equally among the communities
17 listed in item (A) to be used for capital expenditures or
18 public pension payments, or both.
19 Units of local government may refund any portion of the
20 payment that they receive pursuant to this subsection (b) to
21 the riverboat or casino.
22 (b-4) Beginning on the first day a licensee under
23 subsection (e-5) of Section 7 conducts gambling operations or
24 30 days after the effective date of this amendatory Act of the
25 103rd General Assembly, whichever is sooner, either in a
26 temporary facility or a permanent facility, and ending on July
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1 31, 2042, from the tax revenue deposited into in the State
2 Gaming Fund under this Section, $5,000,000 shall be paid
3 annually, subject to appropriation, to the host municipality
4 of that owners licensee of a license issued or re-issued
5 pursuant to Section 7.1 of this Act before January 1, 2012.
6 Payments received by the host municipality pursuant to this
7 subsection (b-4) may not be shared with any other unit of local
8 government.
9 (b-5) Beginning on June 28, 2019 (the effective date of
10 Public Act 101-31), from the tax revenue deposited into in the
11 State Gaming Fund under this Section, an amount equal to 3% of
12 adjusted gross receipts generated by each organization gaming
13 facility located outside Madison County shall be paid monthly,
14 subject to appropriation by the General Assembly, to a
15 municipality other than the Village of Stickney in which each
16 organization gaming facility is located or, if the
17 organization gaming facility is not located within a
18 municipality, to the county in which the organization gaming
19 facility is located, except as otherwise provided in this
20 Section. From the tax revenue deposited into in the State
21 Gaming Fund under this Section, an amount equal to 3% of
22 adjusted gross receipts generated by an organization gaming
23 facility located in the Village of Stickney shall be paid
24 monthly, subject to appropriation by the General Assembly, as
25 follows: 25% to the Village of Stickney, 5% to the City of
26 Berwyn, 50% to the Town of Cicero, and 20% to the Stickney
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1 Public Health District.
2 From the tax revenue deposited into in the State Gaming
3 Fund under this Section, an amount equal to 5% of adjusted
4 gross receipts generated by an organization gaming facility
5 located in the City of Collinsville shall be paid monthly,
6 subject to appropriation by the General Assembly, as follows:
7 30% to the City of Alton, 30% to the City of East St. Louis,
8 and 40% to the City of Collinsville.
9 Municipalities and counties may refund any portion of the
10 payment that they receive pursuant to this subsection (b-5) to
11 the organization gaming facility.
12 (b-6) Beginning on June 28, 2019 (the effective date of
13 Public Act 101-31), from the tax revenue deposited into in the
14 State Gaming Fund under this Section, an amount equal to 2% of
15 adjusted gross receipts generated by an organization gaming
16 facility located outside Madison County shall be paid monthly,
17 subject to appropriation by the General Assembly, to the
18 county in which the organization gaming facility is located
19 for the purposes of its criminal justice system or health care
20 system.
21 Counties may refund any portion of the payment that they
22 receive pursuant to this subsection (b-6) to the organization
23 gaming facility.
24 (b-7) From the tax revenue from the organization gaming
25 licensee located in one of the following townships of Cook
26 County: Bloom, Bremen, Calumet, Orland, Rich, Thornton, or
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1 Worth, an amount equal to 5% of the adjusted gross receipts
2 generated by that organization gaming licensee shall be
3 remitted monthly, subject to appropriation, as follows: 2% to
4 the unit of local government in which the organization gaming
5 licensee is located, and 3% shall be distributed: (A) in
6 accordance with a regional capital development plan entered
7 into by the following communities: Village of Beecher, City of
8 Blue Island, Village of Burnham, City of Calumet City, Village
9 of Calumet Park, City of Chicago Heights, City of Country Club
10 Hills, Village of Crestwood, Village of Crete, Village of
11 Dixmoor, Village of Dolton, Village of East Hazel Crest,
12 Village of Flossmoor, Village of Ford Heights, Village of
13 Glenwood, City of Harvey, Village of Hazel Crest, Village of
14 Homewood, Village of Lansing, Village of Lynwood, City of
15 Markham, Village of Matteson, Village of Midlothian, Village
16 of Monee, City of Oak Forest, Village of Olympia Fields,
17 Village of Orland Hills, Village of Orland Park, City of Palos
18 Heights, Village of Park Forest, Village of Phoenix, Village
19 of Posen, Village of Richton Park, Village of Riverdale,
20 Village of Robbins, Village of Sauk Village, Village of South
21 Chicago Heights, Village of South Holland, Village of Steger,
22 Village of Thornton, Village of Tinley Park, Village of
23 University Park, and Village of Worth; or (B) if no regional
24 capital development plan exists, equally among the communities
25 listed in item (A) to be used for capital expenditures or
26 public pension payments, or both.
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1 (b-8) In lieu of the payments under subsection (b) of this
2 Section, from the tax revenue deposited into in the State
3 Gaming Fund pursuant to riverboat or casino gambling
4 operations conducted by an owners licensee under paragraph (1)
5 of subsection (e-5) of Section 7, an amount equal to the tax
6 revenue generated from the privilege tax imposed by paragraph
7 (2) of subsection (a-5) that is to be paid to the City of
8 Chicago shall be paid monthly, subject to appropriation by the
9 General Assembly, as follows: (1) an amount equal to 0.5% of
10 the annual adjusted gross receipts generated by the owners
11 licensee under paragraph (1) of subsection (e-5) of Section 7
12 to the home rule county in which the owners licensee is located
13 for the purpose of enhancing the county's criminal justice
14 system; and (2) the balance to the City of Chicago and shall be
15 expended or obligated by the City of Chicago for pension
16 payments in accordance with Public Act 99-506.
17 (c) Appropriations, as approved by the General Assembly,
18 may be made from the State Gaming Fund to the Board (i) for the
19 administration and enforcement of this Act and the Video
20 Gaming Act, (ii) for distribution to the Illinois State Police
21 and to the Department of Revenue for the enforcement of this
22 Act and the Video Gaming Act, and (iii) to the Department of
23 Human Services for the administration of programs to treat
24 problem gambling, including problem gambling from sports
25 wagering. The Board's annual appropriations request must
26 separately state its funding needs for the regulation of
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1 gaming authorized under Section 7.7, riverboat gaming, casino
2 gaming, video gaming, and sports wagering.
3 (c-2) An amount equal to 2% of the adjusted gross receipts
4 generated by an organization gaming facility located within a
5 home rule county with a population of over 3,000,000
6 inhabitants shall be paid, subject to appropriation from the
7 General Assembly, from the State Gaming Fund to the home rule
8 county in which the organization gaming licensee is located
9 for the purpose of enhancing the county's criminal justice
10 system.
11 (c-3) Appropriations, as approved by the General Assembly,
12 may be made from the tax revenue deposited into the State
13 Gaming Fund from organization gaming licensees pursuant to
14 this Section for the administration and enforcement of this
15 Act.
16 (c-4) After payments required under subsections (b),
17 (b-5), (b-6), (b-7), (c), (c-2), and (c-3) have been made from
18 the tax revenue from organization gaming licensees deposited
19 into the State Gaming Fund under this Section, all remaining
20 amounts from organization gaming licensees shall be
21 transferred into the Capital Projects Fund.
22 (c-5) (Blank).
23 (c-10) Each year the General Assembly shall appropriate
24 from the General Revenue Fund to the Education Assistance Fund
25 an amount equal to the amount paid into the Horse Racing Equity
26 Fund pursuant to subsection (c-5) in the prior calendar year.
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1 (c-15) After the payments required under subsections (b),
2 (c), and (c-5) have been made, an amount equal to 2% of the
3 adjusted gross receipts of (1) an owners licensee that
4 relocates pursuant to Section 11.2, (2) an owners licensee
5 conducting riverboat gambling operations pursuant to an owners
6 license that is initially issued after June 25, 1999, or (3)
7 the first riverboat gambling operations conducted by a
8 licensed manager on behalf of the State under Section 7.3,
9 whichever comes first, shall be paid, subject to appropriation
10 from the General Assembly, from the State Gaming Fund to each
11 home rule county with a population of over 3,000,000
12 inhabitants for the purpose of enhancing the county's criminal
13 justice system.
14 (c-20) Each year the General Assembly shall appropriate
15 from the General Revenue Fund to the Education Assistance Fund
16 an amount equal to the amount paid to each home rule county
17 with a population of over 3,000,000 inhabitants pursuant to
18 subsection (c-15) in the prior calendar year.
19 (c-21) After the payments required under subsections (b),
20 (b-4), (b-5), (b-6), (b-7), (b-8), (c), (c-3), and (c-4) have
21 been made, an amount equal to 0.5% of the adjusted gross
22 receipts generated by the owners licensee under paragraph (1)
23 of subsection (e-5) of Section 7 shall be paid monthly,
24 subject to appropriation from the General Assembly, from the
25 State Gaming Fund to the home rule county in which the owners
26 licensee is located for the purpose of enhancing the county's
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1 criminal justice system.
2 (c-22) After the payments required under subsections (b),
3 (b-4), (b-5), (b-6), (b-7), (b-8), (c), (c-3), (c-4), and
4 (c-21) have been made, an amount equal to 2% of the adjusted
5 gross receipts generated by the owners licensee under
6 paragraph (5) of subsection (e-5) of Section 7 shall be paid,
7 subject to appropriation from the General Assembly, from the
8 State Gaming Fund to the home rule county in which the owners
9 licensee is located for the purpose of enhancing the county's
10 criminal justice system.
11 (c-25) From July 1, 2013 and each July 1 thereafter
12 through July 1, 2019, $1,600,000 shall be transferred from the
13 State Gaming Fund to the Chicago State University Education
14 Improvement Fund.
15 On July 1, 2020 and each July 1 thereafter, $3,000,000
16 shall be transferred from the State Gaming Fund to the Chicago
17 State University Education Improvement Fund.
18 (c-30) On July 1, 2013 or as soon as possible thereafter,
19 $92,000,000 shall be transferred from the State Gaming Fund to
20 the School Infrastructure Fund and $23,000,000 shall be
21 transferred from the State Gaming Fund to the Horse Racing
22 Equity Fund.
23 (c-35) Beginning on July 1, 2013, in addition to any
24 amount transferred under subsection (c-30) of this Section,
25 $5,530,000 shall be transferred monthly from the State Gaming
26 Fund to the School Infrastructure Fund.
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1 (d) From time to time, through June 30, 2021, the Board
2 shall transfer the remainder of the funds generated by this
3 Act into the Education Assistance Fund.
4 (d-5) Beginning on July 1, 2021 and through June 30, 2025,
5 on the last day of each month, or as soon thereafter as
6 possible, after all the required expenditures, distributions,
7 and transfers have been made from the State Gaming Fund for the
8 month pursuant to subsections (b) through (c-35), at the
9 direction of the Board, the Comptroller shall direct and the
10 Treasurer shall transfer $22,500,000, along with any
11 deficiencies in such amounts from prior months in the same
12 fiscal year, from the State Gaming Fund to the Education
13 Assistance Fund; then, at the direction of the Board, the
14 Comptroller shall direct and the Treasurer shall transfer the
15 remainder of the funds generated by this Act, if any, from the
16 State Gaming Fund to the Capital Projects Fund.
17 (d-7) Beginning on July 1, 2025, on the last day of each
18 month, or as soon thereafter as possible, after all the
19 required expenditures, distributions, and transfers have been
20 made from the State Gaming Fund for the month under
21 subsections (b) through (c-35), at the direction of the Board,
22 the Comptroller shall direct and the Treasurer shall transfer
23 $28,000,000, along with any deficiencies in such amounts from
24 prior months in the same fiscal year, from the State Gaming
25 Fund to the Education Assistance Fund and the remainder of the
26 funds generated by this Act, if any, from the State Gaming Fund
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1 to the Capital Projects Fund.
2 (e) Nothing in this Act shall prohibit the unit of local
3 government designated as the home dock of the riverboat from
4 entering into agreements with other units of local government
5 in this State or in other states to share its portion of the
6 tax revenue.
7 (f) To the extent practicable, the Board shall administer
8 and collect the wagering taxes imposed by this Section in a
9 manner consistent with the provisions of Sections 4, 5, 5a,
10 5b, 5c, 5d, 5e, 5f, 5g, 5i, 5j, 6, 6a, 6b, 6c, 8, 9, and 10 of
11 the Retailers' Occupation Tax Act and Section 3-7 of the
12 Uniform Penalty and Interest Act.
13 (Source: P.A. 102-16, eff. 6-17-21; 102-538, eff. 8-20-21;
14 102-689, eff. 12-17-21; 102-699, eff. 4-19-22; 103-8, eff.
15 6-7-23; 103-574, eff. 12-8-23; 103-592, eff. 6-7-24.)
16 Section 5-90. The Video Gaming Act is amended by changing
17 Section 60 as follows:
18 (230 ILCS 40/60)
19 Sec. 60. Imposition and distribution of tax.
20 (a) Through June 30, 2025, a A tax of 30% is imposed on net
21 terminal income and shall be collected by the Board.
22 Of the tax collected under this subsection (a),
23 five-sixths shall be deposited into the Capital Projects Fund
24 and one-sixth shall be deposited into the Local Government
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1 Video Gaming Distributive Fund.
2 (b) Beginning on July 1, 2019 and through June 30, 2025, an
3 additional tax of 3% is imposed on net terminal income and
4 shall be collected by the Board.
5 Beginning on July 1, 2020 and through June 30, 2025, an
6 additional tax of 1% is imposed on net terminal income and
7 shall be collected by the Board.
8 Beginning on July 1, 2024 and through June 30, 2025, an
9 additional tax of 1% is imposed on net terminal income and
10 shall be collected by the Board.
11 The tax collected under this subsection (b) shall be
12 deposited into the Capital Projects Fund.
13 (b-5) Beginning on July 1, 2025, a tax of 35% is imposed on
14 net terminal income and shall be collected by the Board.
15 Of the tax collected under this subsection (b-5), 83.7%
16 shall be deposited into the Capital Projects Fund, 14.3% shall
17 be deposited into the Local Government Video Gaming
18 Distributive Fund, and 2% shall be deposited into the State
19 Gaming Fund.
20 (c) Revenues generated from the play of video gaming
21 terminals shall be deposited by the terminal operator, who is
22 responsible for tax payments, in a specially created, separate
23 bank account maintained by the video gaming terminal operator
24 to allow for electronic fund transfers of moneys for tax
25 payment.
26 (d) Each licensed establishment, licensed truck stop
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1 establishment, licensed large truck stop establishment,
2 licensed fraternal establishment, and licensed veterans
3 establishment shall maintain an adequate video gaming fund,
4 with the amount to be determined by the Board.
5 (e) The State's percentage of net terminal income shall be
6 reported and remitted to the Board within 15 days after the
7 15th day of each month and within 15 days after the end of each
8 month by the video terminal operator. A video terminal
9 operator who falsely reports or fails to report the amount due
10 required by this Section is guilty of a Class 4 felony and is
11 subject to termination of his or her license by the Board. Each
12 video terminal operator shall keep a record of net terminal
13 income in such form as the Board may require. All payments not
14 remitted when due shall be paid together with a penalty
15 assessment on the unpaid balance at a rate of 1.5% per month.
16 (Source: P.A. 103-592, eff. 6-7-24.)
17 (410 ILCS 643/Act rep.)
18 Section 5-95. The Access to Affordable Insulin Act is
19 repealed.
20 Section 5-100. The Environmental Protection Act is amended
21 by changing Sections 22.15, 55.6, and 57.11 as follows:
22 (415 ILCS 5/22.15)
23 Sec. 22.15. Solid Waste Management Fund; fees.
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1 (a) There is hereby created within the State Treasury a
2 special fund to be known as the Solid Waste Management Fund, to
3 be constituted from the fees collected by the State pursuant
4 to this Section, from repayments of loans made from the Fund
5 for solid waste projects, from registration fees collected
6 pursuant to the Consumer Electronics Recycling Act, from fees
7 collected under the Paint Stewardship Act, and from amounts
8 transferred into the Fund pursuant to Public Act 100-433.
9 Moneys received by either the Agency or the Department of
10 Commerce and Economic Opportunity in repayment of loans made
11 pursuant to the Illinois Solid Waste Management Act shall be
12 deposited into the General Revenue Fund.
13 (b) The Agency shall assess and collect a fee in the amount
14 set forth herein from the owner or operator of each sanitary
15 landfill permitted or required to be permitted by the Agency
16 to dispose of solid waste if the sanitary landfill is located
17 off the site where such waste was produced and if such sanitary
18 landfill is owned, controlled, and operated by a person other
19 than the generator of such waste. The Agency shall deposit all
20 fees collected into the Solid Waste Management Fund. If a site
21 is contiguous to one or more landfills owned or operated by the
22 same person, the volumes permanently disposed of by each
23 landfill shall be combined for purposes of determining the fee
24 under this subsection. Beginning on July 1, 2018, and on the
25 first day of each month thereafter during fiscal years 2019
26 through 2026 2025, the State Comptroller shall direct and
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1 State Treasurer shall transfer an amount equal to 1/12 of
2 $5,000,000 per fiscal year from the Solid Waste Management
3 Fund to the General Revenue Fund.
4 (1) If more than 150,000 cubic yards of non-hazardous
5 solid waste is permanently disposed of at a site in a
6 calendar year, the owner or operator shall either pay a
7 fee of 95 cents per cubic yard or, alternatively, the
8 owner or operator may weigh the quantity of the solid
9 waste permanently disposed of with a device for which
10 certification has been obtained under the Weights and
11 Measures Act and pay a fee of $2.00 per ton of solid waste
12 permanently disposed of. In no case shall the fee
13 collected or paid by the owner or operator under this
14 paragraph exceed $1.55 per cubic yard or $3.27 per ton.
15 (2) If more than 100,000 cubic yards but not more than
16 150,000 cubic yards of non-hazardous waste is permanently
17 disposed of at a site in a calendar year, the owner or
18 operator shall pay a fee of $52,630.
19 (3) If more than 50,000 cubic yards but not more than
20 100,000 cubic yards of non-hazardous solid waste is
21 permanently disposed of at a site in a calendar year, the
22 owner or operator shall pay a fee of $23,790.
23 (4) If more than 10,000 cubic yards but not more than
24 50,000 cubic yards of non-hazardous solid waste is
25 permanently disposed of at a site in a calendar year, the
26 owner or operator shall pay a fee of $7,260.
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1 (5) If not more than 10,000 cubic yards of
2 non-hazardous solid waste is permanently disposed of at a
3 site in a calendar year, the owner or operator shall pay a
4 fee of $1050.
5 (c) (Blank).
6 (d) The Agency shall establish rules relating to the
7 collection of the fees authorized by this Section. Such rules
8 shall include, but not be limited to:
9 (1) necessary records identifying the quantities of
10 solid waste received or disposed;
11 (2) the form and submission of reports to accompany
12 the payment of fees to the Agency;
13 (3) the time and manner of payment of fees to the
14 Agency, which payments shall not be more often than
15 quarterly; and
16 (4) procedures setting forth criteria establishing
17 when an owner or operator may measure by weight or volume
18 during any given quarter or other fee payment period.
19 (e) Pursuant to appropriation, all monies in the Solid
20 Waste Management Fund shall be used by the Agency for the
21 purposes set forth in this Section and in the Illinois Solid
22 Waste Management Act, including for the costs of fee
23 collection and administration, for administration of the Paint
24 Stewardship Act, and for the administration of the Consumer
25 Electronics Recycling Act, the Drug Take-Back Act, and the
26 Statewide Recycling Needs Assessment Act.
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1 (f) The Agency is authorized to enter into such agreements
2 and to promulgate such rules as are necessary to carry out its
3 duties under this Section and the Illinois Solid Waste
4 Management Act.
5 (g) On the first day of January, April, July, and October
6 of each year, beginning on July 1, 2025 1996, the State
7 Comptroller and Treasurer shall transfer $750,000 $500,000
8 from the Solid Waste Management Fund to the Hazardous Waste
9 Fund. Moneys transferred under this subsection (g) shall be
10 used only for the purposes set forth in item (1) of subsection
11 (d) of Section 22.2.
12 (h) The Agency is authorized to provide financial
13 assistance to units of local government for the performance of
14 inspecting, investigating, and enforcement activities pursuant
15 to subsection (r) of Section 4 at nonhazardous solid waste
16 disposal sites.
17 (i) The Agency is authorized to conduct household waste
18 collection and disposal programs.
19 (j) A unit of local government, as defined in the Local
20 Solid Waste Disposal Act, in which a solid waste disposal
21 facility is located may establish a fee, tax, or surcharge
22 with regard to the permanent disposal of solid waste. All
23 fees, taxes, and surcharges collected under this subsection
24 shall be utilized for solid waste management purposes,
25 including long-term monitoring and maintenance of landfills,
26 planning, implementation, inspection, enforcement and other
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1 activities consistent with the Illinois Solid Waste Management
2 Act and the Local Solid Waste Disposal Act, or for any other
3 environment-related purpose, including, but not limited to, an
4 environment-related public works project, but not for the
5 construction of a new pollution control facility other than a
6 household hazardous waste facility. However, the total fee,
7 tax or surcharge imposed by all units of local government
8 under this subsection (j) upon the solid waste disposal
9 facility shall not exceed:
10 (1) 60¢ per cubic yard if more than 150,000 cubic
11 yards of non-hazardous solid waste is permanently disposed
12 of at the site in a calendar year, unless the owner or
13 operator weighs the quantity of the solid waste received
14 with a device for which certification has been obtained
15 under the Weights and Measures Act, in which case the fee
16 shall not exceed $1.27 per ton of solid waste permanently
17 disposed of.
18 (2) $33,350 if more than 100,000 cubic yards, but not
19 more than 150,000 cubic yards, of non-hazardous waste is
20 permanently disposed of at the site in a calendar year.
21 (3) $15,500 if more than 50,000 cubic yards, but not
22 more than 100,000 cubic yards, of non-hazardous solid
23 waste is permanently disposed of at the site in a calendar
24 year.
25 (4) $4,650 if more than 10,000 cubic yards, but not
26 more than 50,000 cubic yards, of non-hazardous solid waste
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1 is permanently disposed of at the site in a calendar year.
2 (5) $650 if not more than 10,000 cubic yards of
3 non-hazardous solid waste is permanently disposed of at
4 the site in a calendar year.
5 The corporate authorities of the unit of local government
6 may use proceeds from the fee, tax, or surcharge to reimburse a
7 highway commissioner whose road district lies wholly or
8 partially within the corporate limits of the unit of local
9 government for expenses incurred in the removal of
10 nonhazardous, nonfluid municipal waste that has been dumped on
11 public property in violation of a State law or local
12 ordinance.
13 For the disposal of solid waste from general construction
14 or demolition debris recovery facilities as defined in
15 subsection (a-1) of Section 3.160, the total fee, tax, or
16 surcharge imposed by all units of local government under this
17 subsection (j) upon the solid waste disposal facility shall
18 not exceed 50% of the applicable amount set forth above. A unit
19 of local government, as defined in the Local Solid Waste
20 Disposal Act, in which a general construction or demolition
21 debris recovery facility is located may establish a fee, tax,
22 or surcharge on the general construction or demolition debris
23 recovery facility with regard to the permanent disposal of
24 solid waste by the general construction or demolition debris
25 recovery facility at a solid waste disposal facility, provided
26 that such fee, tax, or surcharge shall not exceed 50% of the
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1 applicable amount set forth above, based on the total amount
2 of solid waste transported from the general construction or
3 demolition debris recovery facility for disposal at solid
4 waste disposal facilities, and the unit of local government
5 and fee shall be subject to all other requirements of this
6 subsection (j).
7 A county or Municipal Joint Action Agency that imposes a
8 fee, tax, or surcharge under this subsection may use the
9 proceeds thereof to reimburse a municipality that lies wholly
10 or partially within its boundaries for expenses incurred in
11 the removal of nonhazardous, nonfluid municipal waste that has
12 been dumped on public property in violation of a State law or
13 local ordinance.
14 If the fees are to be used to conduct a local sanitary
15 landfill inspection or enforcement program, the unit of local
16 government must enter into a written delegation agreement with
17 the Agency pursuant to subsection (r) of Section 4. The unit of
18 local government and the Agency shall enter into such a
19 written delegation agreement within 60 days after the
20 establishment of such fees. At least annually, the Agency
21 shall conduct an audit of the expenditures made by units of
22 local government from the funds granted by the Agency to the
23 units of local government for purposes of local sanitary
24 landfill inspection and enforcement programs, to ensure that
25 the funds have been expended for the prescribed purposes under
26 the grant.
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1 The fees, taxes or surcharges collected under this
2 subsection (j) shall be placed by the unit of local government
3 in a separate fund, and the interest received on the moneys in
4 the fund shall be credited to the fund. The monies in the fund
5 may be accumulated over a period of years to be expended in
6 accordance with this subsection.
7 A unit of local government, as defined in the Local Solid
8 Waste Disposal Act, shall prepare and post on its website, in
9 April of each year, a report that details spending plans for
10 monies collected in accordance with this subsection. The
11 report will at a minimum include the following:
12 (1) The total monies collected pursuant to this
13 subsection.
14 (2) The most current balance of monies collected
15 pursuant to this subsection.
16 (3) An itemized accounting of all monies expended for
17 the previous year pursuant to this subsection.
18 (4) An estimation of monies to be collected for the
19 following 3 years pursuant to this subsection.
20 (5) A narrative detailing the general direction and
21 scope of future expenditures for one, 2 and 3 years.
22 The exemptions granted under Sections 22.16 and 22.16a,
23 and under subsection (k) of this Section, shall be applicable
24 to any fee, tax or surcharge imposed under this subsection
25 (j); except that the fee, tax or surcharge authorized to be
26 imposed under this subsection (j) may be made applicable by a
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1 unit of local government to the permanent disposal of solid
2 waste after December 31, 1986, under any contract lawfully
3 executed before June 1, 1986 under which more than 150,000
4 cubic yards (or 50,000 tons) of solid waste is to be
5 permanently disposed of, even though the waste is exempt from
6 the fee imposed by the State under subsection (b) of this
7 Section pursuant to an exemption granted under Section 22.16.
8 (k) In accordance with the findings and purposes of the
9 Illinois Solid Waste Management Act, beginning January 1, 1989
10 the fee under subsection (b) and the fee, tax or surcharge
11 under subsection (j) shall not apply to:
12 (1) waste which is hazardous waste;
13 (2) waste which is pollution control waste;
14 (3) waste from recycling, reclamation or reuse
15 processes which have been approved by the Agency as being
16 designed to remove any contaminant from wastes so as to
17 render such wastes reusable, provided that the process
18 renders at least 50% of the waste reusable; the exemption
19 set forth in this paragraph (3) of this subsection (k)
20 shall not apply to general construction or demolition
21 debris recovery facilities as defined in subsection (a-1)
22 of Section 3.160;
23 (4) non-hazardous solid waste that is received at a
24 sanitary landfill and composted or recycled through a
25 process permitted by the Agency; or
26 (5) any landfill which is permitted by the Agency to
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1 receive only demolition or construction debris or
2 landscape waste.
3 (Source: P.A. 102-16, eff. 6-17-21; 102-310, eff. 8-6-21;
4 102-444, eff. 8-20-21; 102-699, eff. 4-19-22; 102-813, eff.
5 5-13-22; 102-1055, eff. 6-10-22; 103-8, eff. 6-7-23; 103-154,
6 eff. 6-30-23; 103-372, eff. 1-1-24; 103-383, eff. 7-28-23;
7 103-588, eff. 6-5-24; 103-605, eff. 7-1-24.)
8 (415 ILCS 5/55.6) (from Ch. 111 1/2, par. 1055.6)
9 Sec. 55.6. Used Tire Management Fund.
10 (a) There is hereby created in the State Treasury a
11 special fund to be known as the Used Tire Management Fund.
12 There shall be deposited into the Fund all monies received as
13 (1) recovered costs or proceeds from the sale of used tires
14 under Section 55.3 of this Act, (2) repayment of loans from the
15 Used Tire Management Fund, or (3) penalties or punitive
16 damages for violations of this Title, except as provided by
17 subdivision (b)(4) or (b)(4-5) of Section 42.
18 (b) Beginning January 1, 1992, in addition to any other
19 fees required by law, the owner or operator of each site
20 required to be registered or permitted under subsection (d) or
21 (d-5) of Section 55 shall pay to the Agency an annual fee of
22 $100. Fees collected under this subsection shall be deposited
23 into the Environmental Protection Permit and Inspection Fund.
24 (c) Pursuant to appropriation, moneys up to an amount of
25 $4 million per fiscal year from the Used Tire Management Fund
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1 shall be allocated as follows:
2 (1) 38% shall be available to the Agency for the
3 following purposes, provided that priority shall be given
4 to item (i):
5 (i) To undertake preventive, corrective or removal
6 action as authorized by and in accordance with Section
7 55.3, and to recover costs in accordance with Section
8 55.3.
9 (ii) For the performance of inspection and
10 enforcement activities for used and waste tire sites.
11 (iii) (Blank).
12 (iv) To provide financial assistance to units of
13 local government for the performance of inspecting,
14 investigating and enforcement activities pursuant to
15 subsection (r) of Section 4 at used and waste tire
16 sites.
17 (v) To provide financial assistance for used and
18 waste tire collection projects sponsored by local
19 government or not-for-profit corporations.
20 (vi) For the costs of fee collection and
21 administration relating to used and waste tires, and
22 to accomplish such other purposes as are authorized by
23 this Act and regulations thereunder.
24 (vii) To provide financial assistance to units of
25 local government and private industry for the purposes
26 of:
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1 (A) assisting in the establishment of
2 facilities and programs to collect, process, and
3 utilize used and waste tires and tire-derived
4 materials;
5 (B) demonstrating the feasibility of
6 innovative technologies as a means of collecting,
7 storing, processing, and utilizing used and waste
8 tires and tire-derived materials; and
9 (C) applying demonstrated technologies as a
10 means of collecting, storing, processing, and
11 utilizing used and waste tires and tire-derived
12 materials.
13 (2) (Blank).
14 (2.1) For the fiscal year beginning July 1, 2004 and
15 for all fiscal years thereafter, 23% shall be deposited
16 into the General Revenue Fund. Prior to the fiscal year
17 beginning July 1, 2023, such transfers are at the
18 direction of the Department of Revenue, and shall be made
19 within 30 days after the end of each quarter. Beginning
20 with the fiscal year beginning July 1, 2023, such
21 transfers are at the direction of the Agency and shall be
22 made within 30 days after the end of each quarter.
23 (3) 25% shall be available to the Illinois Department
24 of Public Health for the following purposes:
25 (A) To investigate threats or potential threats to
26 the public health related to mosquitoes and other
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1 vectors of disease associated with the improper
2 storage, handling and disposal of tires, improper
3 waste disposal, or natural conditions.
4 (B) To conduct surveillance and monitoring
5 activities for mosquitoes and other arthropod vectors
6 of disease, and surveillance of animals which provide
7 a reservoir for disease-producing organisms.
8 (C) To conduct training activities to promote
9 vector control programs and integrated pest management
10 as defined in the Vector Control Act.
11 (D) To respond to inquiries, investigate
12 complaints, conduct evaluations and provide technical
13 consultation to help reduce or eliminate public health
14 hazards and nuisance conditions associated with
15 mosquitoes and other vectors.
16 (E) To provide financial assistance to units of
17 local government for training, investigation and
18 response to public nuisances associated with
19 mosquitoes and other vectors of disease.
20 (4) 2% shall be available to the Department of
21 Agriculture for its activities under the Illinois
22 Pesticide Act relating to used and waste tires.
23 (5) 2% shall be available to the Pollution Control
24 Board for administration of its activities relating to
25 used and waste tires.
26 (6) 10% shall be available to the University of
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1 Illinois for the Prairie Research Institute to perform
2 research to study the biology, distribution, population
3 ecology, and biosystematics of tire-breeding arthropods,
4 especially mosquitoes, and the diseases they spread.
5 (d) By January 1, 1998, and biennially thereafter, each
6 State agency receiving an appropriation from the Used Tire
7 Management Fund shall report to the Governor and the General
8 Assembly on its activities relating to the Fund.
9 (e) Any monies appropriated from the Used Tire Management
10 Fund, but not obligated, shall revert to the Fund.
11 (f) In administering the provisions of subdivisions (1),
12 (2) and (3) of subsection (c) of this Section, the Agency, the
13 Department of Commerce and Economic Opportunity, and the
14 Illinois Department of Public Health shall ensure that
15 appropriate funding assistance is provided to any municipality
16 with a population over 1,000,000 or to any sanitary district
17 which serves a population over 1,000,000.
18 (g) Pursuant to appropriation, monies in excess of $4
19 million per fiscal year from the Used Tire Management Fund
20 shall be used as follows:
21 (1) 55% shall be available to the Agency and, in State
22 fiscal years year 2025 and 2026 only, the Department of
23 Commerce and Economic Opportunity for the following
24 purposes, provided that priority shall be given to
25 subparagraph (A):
26 (A) To undertake preventive, corrective or renewed
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1 action as authorized by and in accordance with Section
2 55.3 and to recover costs in accordance with Section
3 55.3.
4 (B) To provide financial assistance to units of
5 local government and private industry for the purposes
6 of:
7 (i) assisting in the establishment of
8 facilities and programs to collect, process, and
9 utilize used and waste tires and tire-derived
10 materials;
11 (ii) demonstrating the feasibility of
12 innovative technologies as a means of collecting,
13 storing, processing, and utilizing used and waste
14 tires and tire-derived materials; and
15 (iii) applying demonstrated technologies as a
16 means of collecting, storing, processing, and
17 utilizing used and waste tires and tire-derived
18 materials.
19 (C) To provide grants to public universities and
20 private industry for research and development related
21 to reducing the toxicity of tires and tire materials,
22 vector-related research, disease-related research, and
23 related laboratory-based equipment and field-based
24 equipment.
25 (2) (Blank).
26 (3) For the fiscal year beginning July 1, 2004 and for
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1 all fiscal years thereafter, 45% shall be deposited into
2 the General Revenue Fund. Prior to the fiscal year
3 beginning July 1, 2023, such transfers are at the
4 direction of the Department of Revenue, and shall be made
5 within 30 days after the end of each quarter. Beginning
6 with the fiscal year beginning July 1, 2023, such
7 transfers are at the direction of the Agency and shall be
8 made within 30 days after the end of each quarter.
9 (Source: P.A. 103-363, eff. 7-28-23; 103-588, eff. 6-5-24.)
10 (415 ILCS 5/57.11)
11 Sec. 57.11. Underground Storage Tank Fund; creation.
12 (a) There is hereby created in the State Treasury a
13 special fund to be known as the Underground Storage Tank Fund.
14 There shall be deposited into the Underground Storage Tank
15 Fund all moneys received by the Office of the State Fire
16 Marshal as fees for underground storage tanks under Sections 4
17 and 5 of the Gasoline Storage Act, fees pursuant to the Motor
18 Fuel Tax Law, and beginning July 1, 2013, payments pursuant to
19 the Use Tax Act, the Service Use Tax Act, the Service
20 Occupation Tax Act, and the Retailers' Occupation Tax Act. All
21 amounts held in the Underground Storage Tank Fund shall be
22 invested at interest by the State Treasurer. All income earned
23 from the investments shall be deposited into the Underground
24 Storage Tank Fund no less frequently than quarterly. In
25 addition to any other transfers that may be provided for by
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1 law, beginning on July 1, 2018 and on the first day of each
2 month thereafter during fiscal years 2019 through 2026 2025
3 only, the State Comptroller shall direct and the State
4 Treasurer shall transfer an amount equal to 1/12 of
5 $10,000,000 from the Underground Storage Tank Fund to the
6 General Revenue Fund. Moneys in the Underground Storage Tank
7 Fund, pursuant to appropriation, may be used by the Agency and
8 the Office of the State Fire Marshal for the following
9 purposes:
10 (1) To take action authorized under Section 57.12 to
11 recover costs under Section 57.12.
12 (2) To assist in the reduction and mitigation of
13 damage caused by leaks from underground storage tanks,
14 including, but not limited to, providing alternative water
15 supplies to persons whose drinking water has become
16 contaminated as a result of those leaks.
17 (3) To be used as a matching amount toward towards
18 federal assistance relative to the release of petroleum
19 from underground storage tanks.
20 (4) For the costs of administering activities of the
21 Agency and the Office of the State Fire Marshal relative
22 to the Underground Storage Tank Fund.
23 (5) For payment of costs of corrective action incurred
24 by and indemnification to operators of underground storage
25 tanks as provided in this Title.
26 (6) For a total of 2 demonstration projects in amounts
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1 in excess of a $10,000 deductible charge designed to
2 assess the viability of corrective action projects at
3 sites which have experienced contamination from petroleum
4 releases. Such demonstration projects shall be conducted
5 in accordance with the provision of this Title.
6 (7) Subject to appropriation, moneys in the
7 Underground Storage Tank Fund may also be used by the
8 Department of Revenue for the costs of administering its
9 activities relative to the Fund and for refunds provided
10 for in Section 13a.8 of the Motor Fuel Tax Law.
11 (b) Moneys in the Underground Storage Tank Fund may,
12 pursuant to appropriation, be used by the Office of the State
13 Fire Marshal or the Agency to take whatever emergency action
14 is necessary or appropriate to assure that the public health
15 or safety is not threatened whenever there is a release or
16 substantial threat of a release of petroleum from an
17 underground storage tank and for the costs of administering
18 its activities relative to the Underground Storage Tank Fund.
19 (c) Beginning July 1, 1993, the Governor shall certify to
20 the State Comptroller and State Treasurer the monthly amount
21 necessary to pay debt service on State obligations issued
22 pursuant to Section 6 of the General Obligation Bond Act. On
23 the last day of each month, the Comptroller shall order
24 transferred and the Treasurer shall transfer from the
25 Underground Storage Tank Fund to the General Obligation Bond
26 Retirement and Interest Fund the amount certified by the
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1 Governor, plus any cumulative deficiency in those transfers
2 for prior months.
3 (d) Except as provided in subsection (c) of this Section,
4 the Underground Storage Tank Fund is not subject to
5 administrative charges authorized under Section 8h of the
6 State Finance Act that would in any way transfer any funds from
7 the Underground Storage Tank Fund into any other fund of the
8 State.
9 (e) Each fiscal year, subject to appropriation, the Agency
10 may commit up to $10,000,000 of the moneys in the Underground
11 Storage Tank Fund to the payment of corrective action costs
12 for legacy sites that meet one or more of the following
13 criteria as a result of the underground storage tank release:
14 (i) the presence of free product, (ii) contamination within a
15 regulated recharge area, a wellhead protection area, or the
16 setback zone of a potable water supply well, (iii)
17 contamination extending beyond the boundaries of the site
18 where the release occurred, or (iv) such other criteria as may
19 be adopted in Agency rules.
20 (1) Fund moneys committed under this subsection (e)
21 shall be held in the Fund for payment of the corrective
22 action costs for which the moneys were committed.
23 (2) The Agency may adopt rules governing the
24 commitment of Fund moneys under this subsection (e).
25 (3) This subsection (e) does not limit the use of Fund
26 moneys at legacy sites as otherwise provided under this
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1 Title.
2 (4) For the purposes of this subsection (e), the term
3 "legacy site" means a site for which (i) an underground
4 storage tank release was reported prior to January 1,
5 2005, (ii) the owner or operator has been determined
6 eligible to receive payment from the Fund for corrective
7 action costs, and (iii) the Agency did not receive any
8 applications for payment prior to January 1, 2010.
9 (f) Beginning July 1, 2013, if the amounts deposited into
10 the Fund from moneys received by the Office of the State Fire
11 Marshal as fees for underground storage tanks under Sections 4
12 and 5 of the Gasoline Storage Act and as fees pursuant to the
13 Motor Fuel Tax Law during a State fiscal year are sufficient to
14 pay all claims for payment by the fund received during that
15 State fiscal year, then the amount of any payments into the
16 fund pursuant to the Use Tax Act, the Service Use Tax Act, the
17 Service Occupation Tax Act, and the Retailers' Occupation Tax
18 Act during that State fiscal year shall be deposited as
19 follows: 75% thereof shall be paid into the State treasury and
20 25% shall be reserved in a special account and used only for
21 the transfer to the Common School Fund as part of the monthly
22 transfer from the General Revenue Fund in accordance with
23 Section 8a of the State Finance Act.
24 (Source: P.A. 102-16, eff. 6-17-21; 102-699, eff. 4-19-22;
25 103-8, eff. 6-7-23; 103-588, eff. 6-5-24.)
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1 Section 5-102. The Open Space Lands Acquisition and
2 Development Act is amended by changing Section 3 as follows:
3 (525 ILCS 35/3) (from Ch. 85, par. 2103)
4 Sec. 3. From appropriations made from the Capital
5 Development Fund, Build Illinois Bond Fund or other available
6 or designated funds for such purposes, the Department shall
7 make grants to local governments as financial assistance for
8 the capital development and improvement of park, recreation or
9 conservation areas, marinas and shorelines, including planning
10 and engineering costs, and for the acquisition of open space
11 lands, including acquisition of easements and other property
12 interests less than fee simple ownership if the Department
13 determines that such property interests are sufficient to
14 carry out the purposes of this Act, subject to the conditions
15 and limitations set forth in this Act.
16 No more than 10% of the amount so appropriated for any
17 fiscal year may be committed or expended on any one project
18 described in an application under this Act.
19 Except for grants awarded from new appropriations in
20 fiscal years 2023 through fiscal year 2026 2025, any grant
21 under this Act to a local government shall be conditioned upon
22 the state providing assistance on a 50/50 matching basis for
23 the acquisition of open space lands and for capital
24 development and improvement proposals. However, a local
25 government defined as "distressed" under criteria adopted by
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1 the Department through administrative rule shall be eligible
2 for assistance up to 90% for the acquisition of open space
3 lands and for capital development and improvement proposals,
4 provided that no more than 10% of the amount appropriated
5 under this Act in any fiscal year is made available as grants
6 to distressed local governments. For grants awarded from new
7 appropriations in fiscal years 2023 through fiscal year 2026
8 2025 only, a local government defined as "distressed" is
9 eligible for assistance up to 100% for the acquisition of open
10 space lands and for capital development and improvement
11 proposals. The Department may make more than 10% of the amount
12 appropriated in fiscal years 2023 through fiscal year 2026
13 2025 available as grants to distressed local governments.
14 An advance payment of a minimum of 50% of any grant made to
15 a unit of local government under this Act must be paid to the
16 unit of local government at the time the Department awards the
17 grant. A unit of local government may opt out of the advanced
18 payment option at the time of the award of the grant. The
19 remainder of the grant shall be distributed to the local
20 government quarterly on a reimbursement basis. The Department
21 shall consider an applicant's request for an extension to a
22 grant under this Act if (i) the advanced payment is expended or
23 legally obligated within the 2 years required by Section 5 of
24 the Illinois Grant Funds Recovery Act or (ii) no advanced
25 payment was made.
26 (Source: P.A. 102-200, eff. 7-30-21; 102-699, eff. 4-19-22;
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1 103-8, eff. 6-7-23; 103-588, eff. 6-5-24.)
2 Section 5-103. The Pretrial Services Act is amended by
3 changing Sections 0.02, 1, 25, 26, and 33 as follows:
4 (725 ILCS 185/0.02)
5 (This Section may contain text from a Public Act with a
6 delayed effective date)
7 Sec. 0.02. Definitions. In this Act:
8 "Director" means the Director of the Office of Statewide
9 Pretrial Services.
10 "Division" has the meaning provided in Section 9b of the
11 Probation and Probation Officers Act.
12 "Local pretrial services agency" means a pretrial services
13 agency other than the Office who is providing pretrial
14 services.
15 "Pretrial services agency" means any agency providing
16 services to the circuit court as provided for in this Act,
17 including the Office.
18 "Office" means the Office of Statewide Pretrial Services.
19 "Peace officer" includes pretrial officers.
20 "Pretrial officer" means a person employed with the Office
21 or with a local pretrial services agency who (i) has taken and
22 subscribed to an oath as set forth in this Act and (ii)
23 provides pretrial services to a court under this Act.
24 (Source: P.A. 103-602, eff. 7-1-25.)
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1 (725 ILCS 185/1) (from Ch. 38, par. 301)
2 (Text of Section before amendment by P.A. 103-602)
3 Sec. 1. Each circuit court shall establish a pretrial
4 services agency to provide the court with accurate background
5 data regarding the pretrial release of persons charged with
6 felonies and effective supervision of compliance with the
7 terms and conditions imposed on release.
8 (Source: P.A. 84-1449.)
9 (Text of Section after amendment by P.A. 103-602)
10 Sec. 1. Pretrial services shall be provided by a local
11 pretrial services agency or the Office.
12 (a) The pretrial services agency shall provide the circuit
13 court with accurate background data regarding the pretrial
14 release of persons charged with felonies and effective
15 supervision of compliance with the terms and conditions
16 imposed on release.
17 (b) Before entering upon the duties of office, each
18 pretrial officer shall take and subscribe to an oath to
19 support the constitution and laws of the United States and the
20 State of Illinois and to perform faithfully the duties of that
21 office.
22 (1) Pretrial officers employed by local pretrial
23 services agencies shall take the oath before the Chief
24 Judge of their circuit or the Chief Judge's designee.
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1 (2) Pretrial officers employed by the Office shall
2 take the oath before the Director or the Director's
3 designee.
4 (Source: P.A. 103-602, eff. 7-1-25.)
5 (725 ILCS 185/25) (from Ch. 38, par. 325)
6 Sec. 25. The pretrial services agency shall provide
7 written notification to supervised persons of court appearance
8 obligations, and may require their periodic reporting by
9 letter, telephone or personal appearance to verify such
10 compliance.
11 (Source: P.A. 84-1449.)
12 (725 ILCS 185/26) (from Ch. 38, par. 326)
13 Sec. 26. The pretrial services agency Agency personnel
14 shall regularly monitor the arrest records of local law
15 enforcement agencies to determine whether any supervised
16 person has been formally charged with the commission of a new
17 offense in violation of the uniform release order. In such
18 event, the agency shall prepare a formal report of that fact
19 and present same to the court. A copy shall be provided to the
20 prosecuting officer.
21 (Source: P.A. 84-1449.)
22 (725 ILCS 185/33) (from Ch. 38, par. 333)
23 (Text of Section before amendment by P.A. 103-602)
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1 Sec. 33. The Supreme Court shall pay from funds
2 appropriated to it for this purpose 100% of all approved costs
3 for pretrial services, including pretrial services officers,
4 necessary support personnel, travel costs reasonably related
5 to the delivery of pretrial services, space costs, equipment,
6 telecommunications, postage, commodities, printing and
7 contractual services. Costs shall be reimbursed monthly, based
8 on a plan and budget approved by the Supreme Court. No
9 department may be reimbursed for costs which exceed or are not
10 provided for in the approved plan and budget. The Mandatory
11 Arbitration Fund may be used to reimburse approved costs for
12 pretrial services.
13 (Source: P.A. 94-91, eff. 7-1-05; 94-839, eff. 6-6-06; 95-331,
14 eff. 8-21-07; 95-707, eff. 1-11-08.)
15 (Text of Section after amendment by P.A. 103-602)
16 Sec. 33. The Office shall pay from funds appropriated to
17 it for this purpose 100% of the salary for all pretrial officer
18 and pretrial supervisor positions employed by local pretrial
19 services agencies to implement the services set forth in this
20 Act and that have been approved for reimbursement by the
21 Office. all approved costs for pretrial services, including
22 pretrial services officers, necessary support personnel,
23 travel costs reasonably related to the delivery of pretrial
24 services, space costs, equipment, telecommunications, postage,
25 commodities, printing and contractual services.
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1 (1) Each local pretrial services agency shall submit
2 an annual plan and budget to the Office setting forth all
3 pretrial officer and pretrial supervisor positions and
4 current funding sources for each position.
5 (2) Costs shall be reimbursed monthly, based on an
6 annual plan and budget approved by the Office. No local
7 pretrial services agency department may be reimbursed for
8 costs which exceed or are not provided for in the approved
9 annual plan and budget.
10 (3) The salary, or portions thereof, of a pretrial
11 officer or pretrial supervisor shall not be reimbursed by
12 both the Division and the Office when the pretrial officer
13 or pretrial supervisor performs duties under both this Act
14 and Section 12 of the Probation and Probation Officers
15 Act.
16 (A) The Division and the Office shall annually
17 identify all positions that perform duties under both
18 this Act and the Probation and Probation Officers Act.
19 (B) For each position identified under
20 subparagraph (A) that is eligible for reimbursement,
21 the Division and the Office shall determine whether
22 the position will be reimbursed by the Division
23 pursuant to the Probation and Probation Officers Act,
24 by the Office under this Act, or by another source.
25 (Source: P.A. 103-602, eff. 7-1-25.)
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1 Section 5-105. 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 2027 2026, 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. 102-16, eff. 6-17-21; 102-699, eff. 4-19-22;
8 103-8, eff. 6-7-23; 103-588, eff. 6-5-24.)
9 Section 5-106. The Illinois Works Jobs Program Act is
10 amended by changing Section 20-15 as follows:
11 (30 ILCS 559/20-15)
12 Sec. 20-15. Illinois Works Preapprenticeship Program;
13 Illinois Works Bid Credit Program.
14 (a) The Illinois Works Preapprenticeship Program is
15 established and shall be administered by the Department. The
16 goal of the Illinois Works Preapprenticeship Program is to
17 create a network of community-based organizations throughout
18 the State that will recruit, prescreen, and provide
19 preapprenticeship skills training, for which participants may
20 attend free of charge and receive a stipend, to create a
21 qualified, diverse pipeline of workers who are prepared for
22 careers in the construction and building trades. Upon
23 completion of the Illinois Works Preapprenticeship Program,
24 the candidates will be skilled and work-ready.
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1 (b) There is created the Illinois Works Fund, a special
2 fund in the State treasury. The Illinois Works Fund shall be
3 administered by the Department. The Illinois Works Fund shall
4 be used to provide funding for community-based organizations
5 throughout the State. In addition to any other transfers that
6 may be provided for by law, on and after July 1, 2019 at the
7 direction of the Director of the Governor's Office of
8 Management and Budget, the State Comptroller shall direct and
9 the State Treasurer shall transfer amounts not exceeding a
10 total of $50,000,000 from the Rebuild Illinois Projects Fund
11 to the Illinois Works Fund.
12 (b-5) In addition to any other transfers that may be
13 provided for by law, beginning July 1, 2024 and each July 1
14 thereafter, or as soon thereafter as practical, the State
15 Comptroller shall direct and the State Treasurer shall
16 transfer $27,500,000 $20,000,000 from the Capital Projects
17 Fund to the Illinois Works Fund.
18 (c) Each community-based organization that receives
19 funding from the Illinois Works Fund shall provide an annual
20 report to the Illinois Works Review Panel by April 1 of each
21 calendar year. The annual report shall include the following
22 information:
23 (1) a description of the community-based
24 organization's recruitment, screening, and training
25 efforts;
26 (2) the number of individuals who apply to,
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1 participate in, and complete the community-based
2 organization's program, broken down by race, gender, age,
3 and veteran status; and
4 (3) the number of the individuals referenced in item (2)
5 of this subsection who are initially accepted and placed
6 into apprenticeship programs in the construction and
7 building trades.
8 (d) The Department shall create and administer the
9 Illinois Works Bid Credit Program that shall provide economic
10 incentives, through bid credits, to encourage contractors and
11 subcontractors to provide contracting and employment
12 opportunities to historically underrepresented populations in
13 the construction industry.
14 The Illinois Works Bid Credit Program shall allow
15 contractors and subcontractors to earn bid credits for use
16 toward future bids for public works projects contracted by the
17 State or an agency of the State in order to increase the
18 chances that the contractor and the subcontractors will be
19 selected.
20 Contractors or subcontractors may be eligible to earn bid
21 credits for employing apprentices who have completed the
22 Illinois Works Preapprenticeship Program. Contractors or
23 subcontractors shall earn bid credits at a rate established by
24 the Department and based on labor hours worked by apprentices
25 who have completed the Illinois Works Preapprenticeship
26 Program. In order to earn bid credits, contractors and
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1 subcontractors shall provide the Department with certified
2 payroll documenting the hours performed by apprentices who
3 have completed the Illinois Works Preapprenticeship Program.
4 Contractors and subcontractors can use bid credits toward
5 future bids for public works projects contracted or funded by
6 the State or an agency of the State in order to increase the
7 likelihood of being selected as the contractor for the public
8 works project toward which they have applied the bid credit.
9 The Department shall establish the rate by rule and shall
10 publish it on the Department's website. The rule may include
11 maximum bid credits allowed per contractor, per subcontractor,
12 per apprentice, per bid, or per year.
13 The Illinois Works Credit Bank is hereby created and shall
14 be administered by the Department. The Illinois Works Credit
15 Bank shall track the bid credits.
16 A contractor or subcontractor who has been awarded bid
17 credits under any other State program for employing
18 apprentices who have completed the Illinois Works
19 Preapprenticeship Program is not eligible to receive bid
20 credits under the Illinois Works Bid Credit Program relating
21 to the same contract.
22 The Department shall report to the Illinois Works Review
23 Panel the following: (i) the number of bid credits awarded by
24 the Department; (ii) the number of bid credits submitted by
25 the contractor or subcontractor to the agency administering
26 the public works contract; and (iii) the number of bid credits
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1 accepted by the agency for such contract. Any agency that
2 awards bid credits pursuant to the Illinois Works Credit Bank
3 Program shall report to the Department the number of bid
4 credits it accepted for the public works contract.
5 Upon a finding that a contractor or subcontractor has
6 reported falsified records to the Department in order to
7 fraudulently obtain bid credits, the Department may bar the
8 contractor or subcontractor from participating in the Illinois
9 Works Bid Credit Program and may suspend the contractor or
10 subcontractor from bidding on or participating in any public
11 works project. False or fraudulent claims for payment relating
12 to false bid credits may be subject to damages and penalties
13 under applicable law.
14 (e) The Department shall adopt any rules deemed necessary
15 to implement this Section. In order to provide for the
16 expeditious and timely implementation of this Act, the
17 Department may adopt emergency rules. The adoption of
18 emergency rules authorized by this subsection is deemed to be
19 necessary for the public interest, safety, and welfare.
20 (Source: P.A. 103-8, eff. 6-7-23; 103-305, eff. 7-28-23;
21 103-588, eff. 6-5-24; 103-605, eff. 7-1-24.)
22 Section 5-108. The University of Illinois Act is amended
23 by changing Section 7 as follows:
24 (110 ILCS 305/7) (from Ch. 144, par. 28)
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1 Sec. 7. Powers of trustees.
2 (a) The trustees shall have power to provide for the
3 requisite buildings, apparatus, and conveniences; to fix the
4 rates for tuition; to appoint such professors and instructors,
5 and to establish and provide for the management of such model
6 farms, model art, and other departments and professorships, as
7 may be required to teach, in the most thorough manner, such
8 branches of learning as are related to agriculture and the
9 mechanic arts, and military tactics, without excluding other
10 scientific and classical studies. The trustees shall, upon the
11 written request of an employee withhold from the compensation
12 of that employee any dues, payments or contributions payable
13 by such employee to any labor organization as defined in the
14 Illinois Educational Labor Relations Act. Under such
15 arrangement, an amount shall be withheld from each regular
16 payroll period which is equal to the pro rata share of the
17 annual dues plus any payments or contributions, and the
18 trustees shall transmit such withholdings to the specified
19 labor organization within 10 working days from the time of the
20 withholding. They may accept the endowments and voluntary
21 professorships or departments in the University, from any
22 person or persons or corporations who may offer the same, and,
23 at any regular meeting of the board, may prescribe rules and
24 regulations in relation to such endowments and declare on what
25 general principles they may be admitted: Provided, that such
26 special voluntary endowments or professorships shall not be
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1 incompatible with the true design and scope of the act of
2 congress, or of this Act: Provided, that no student shall at
3 any time be allowed to remain in or about the University in
4 idleness, or without full mental or industrial occupation: And
5 provided further, that the trustees, in the exercise of any of
6 the powers conferred by this Act, shall not create any
7 liability or indebtedness in excess of the funds in the hands
8 of the treasurer of the University at the time of creating such
9 liability or indebtedness, and which may be specially and
10 properly applied to the payment of the same. Except as
11 otherwise provided in this Section, any lease to the trustees
12 of lands, buildings or facilities which will support
13 scientific research and development in such areas as high
14 technology, super computing, microelectronics, biotechnology,
15 robotics, physics and engineering shall be for a term not to
16 exceed 18 years, and may grant to the trustees the option to
17 purchase the lands, buildings or facilities. The lease shall
18 recite that it is subject to termination and cancellation in
19 any year for which the General Assembly fails to make an
20 appropriation to pay the rent payable under the terms of the
21 lease.
22 Leases for the purposes described herein exceeding 5 years
23 shall have the approval of the Illinois Board of Higher
24 Education.
25 The Board of Trustees may, directly or in cooperation with
26 other institutions of higher education, acquire by purchase or
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1 lease or otherwise, and construct, enlarge, improve, equip,
2 complete, operate, control and manage medical research and
3 high technology parks, together with the necessary lands,
4 buildings, facilities, equipment and personal property
5 therefor, to encourage and facilitate (a) the location and
6 development of business and industry in the State of Illinois,
7 and (b) the increased application and development of
8 technology and (c) the improvement and development of the
9 State's economy. The Board of Trustees may lease to nonprofit
10 corporations all or any part of the land, buildings,
11 facilities, equipment or other property included in a medical
12 research and high technology park upon such terms and
13 conditions as the University of Illinois may deem advisable
14 and enter into any contract or agreement with such nonprofit
15 corporations as may be necessary or suitable for the
16 construction, financing, operation and maintenance and
17 management of any such park; and may lease to any person, firm,
18 partnership or corporation, either public or private, any part
19 or all of the land, building, facilities, equipment or other
20 property of such park for such purposes and upon such rentals,
21 terms and conditions as the University may deem advisable; and
22 may finance all or part of the cost of any such park, including
23 the purchase, lease, construction, reconstruction,
24 improvement, remodeling, addition to, and extension and
25 maintenance of all or part of such high technology park, and
26 all equipment and furnishings, by legislative appropriations,
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1 government grants, contracts, private gifts, loans, receipts
2 from the operation of such high technology park, rentals and
3 similar receipts; and may make its other facilities and
4 services available to tenants or other occupants of any such
5 park at rates which are reasonable and appropriate.
6 The Board of Trustees may, directly or in cooperation with
7 other members and partners of the collaborative research and
8 academic initiative known as the Chicago Quantum Exchange,
9 including, without limitation, other institutions of higher
10 education, hereinafter each individually referred to as a "CQE
11 partner", finance, design, construct, enlarge, improve, equip,
12 complete, operate, control, and manage a facility or
13 facilities for the research and development of quantum
14 information sciences and technologies, hereinafter referred to
15 as the "quantum science facilities". Notwithstanding any other
16 provision of applicable law: (1) the quantum science
17 facilities may be located on land owned by the Board of
18 Trustees or a CQE partner; and (2) costs incurred in
19 connection with the design, construction, enlargement,
20 improvement, equipping, and completion of the quantum science
21 facilities may be paid with funds appropriated to the Capital
22 Development Board from the Build Illinois Bond Fund for a
23 grant to the Board of Trustees for the quantum science
24 facilities, whether the quantum science facilities are located
25 on land owned by the Board of Trustees or by a CQE partner;
26 provided, however, that if any quantum science facilities are
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1 located on land owned by a CQE partner, the use of such grant
2 funds shall be subject to, and contingent upon, the lease by
3 the Board of Trustees, as lessee, of a portion of such quantum
4 science facilities for a term equal to at least the useful life
5 of such quantum science facilities. The leased premises under
6 any such lease shall bear a reasonable relationship to the
7 proportional share of the costs paid by such grant funds. Any
8 such lease shall give the Board of Trustees the right to
9 terminate the lease before the expiration of its term if the
10 General Assembly fails to appropriate sufficient funds to pay
11 rent due under the lease.
12 Notwithstanding any other provision of law, the Board of
13 Trustees may sell, lease, or otherwise transfer and convey all
14 or part of real estate deemed by the Board of Trustees to be
15 surplus real estate, together with any improvements situated
16 thereon, to a State agency, with or without an exchange of
17 value, on such terms as the Board of Trustees shall determine
18 are in the best interests of the University and consistent
19 with that institution's objects and purposes. Any proceeds
20 from the sale, lease, or other transfer of all or any part of
21 real estate deemed surplus real estate, including any
22 improvements situated thereon, are subject to the terms of
23 subsection (c) of Section 7.8 of the State Property Control
24 Act.
25 The Trustees shall have power (a) to purchase real
26 property and easements, and (b) to acquire real property and
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1 easements in the manner provided by law for the exercise of the
2 right of eminent domain, and in the event negotiations for the
3 acquisition of real property or easements for making any
4 improvement which the Trustees are authorized to make shall
5 have proven unsuccessful and the Trustees shall have by
6 resolution adopted a schedule or plan of operation for the
7 execution of the project and therein made a finding that it is
8 necessary to take such property or easements immediately or at
9 some specified later date in order to comply with the
10 schedule, the Trustees may acquire such property or easements
11 in the same manner provided in Article 20 of the Eminent Domain
12 Act (quick-take procedure).
13 The Board of Trustees also shall have power to agree with
14 the State's Attorney of the county in which any properties of
15 the Board are located to pay for services rendered by the
16 various taxing districts for the years 1944 through 1949 and
17 to pay annually for services rendered thereafter by such
18 district such sums as may be determined by the Board upon
19 properties used solely for income producing purposes, title to
20 which is held by said Board of Trustees, upon properties
21 leased to members of the staff of the University of Illinois,
22 title to which is held in trust for said Board of Trustees and
23 upon properties leased to for-profit entities the title to
24 which properties is held by the Board of Trustees. A certified
25 copy of any such agreement made with the State's Attorney
26 shall be filed with the County Clerk and such sums shall be
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1 distributed to the respective taxing districts by the County
2 Collector in such proportions that each taxing district will
3 receive therefrom such proportion as the tax rate of such
4 taxing district bears to the total tax rate that would be
5 levied against such properties if they were not exempt from
6 taxation under the Property Tax Code.
7 The Board of Trustees of the University of Illinois,
8 subject to the applicable civil service law, may appoint
9 persons to be members of the University of Illinois Police
10 Department. Members of the Police Department shall be peace
11 officers and as such have all powers possessed by policemen in
12 cities, and sheriffs, including the power to make arrests on
13 view or warrants of violations of state statutes and city or
14 county ordinances, except that they may exercise such powers
15 only in counties wherein the University and any of its
16 branches or properties are located when such is required for
17 the protection of university properties and interests, and its
18 students and personnel, and otherwise, within such counties,
19 when requested by appropriate state or local law enforcement
20 officials; provided, however, that such officer shall have no
21 power to serve and execute civil processes.
22 The Board of Trustees must authorize to each member of the
23 University of Illinois Police Department and to any other
24 employee of the University of Illinois exercising the powers
25 of a peace officer a distinct badge that, on its face, (i)
26 clearly states that the badge is authorized by the University
HB1075 Enrolled - 240 - LRB104 03072 BDA 13090 b
1 of Illinois and (ii) contains a unique identifying number. No
2 other badge shall be authorized by the University of Illinois.
3 Nothing in this paragraph prohibits the Board of Trustees from
4 issuing shields or other distinctive identification to
5 employees not exercising the powers of a peace officer if the
6 Board of Trustees determines that a shield or distinctive
7 identification is needed by the employee to carry out his or
8 her responsibilities.
9 The Board of Trustees may own, operate, or govern, by or
10 through the College of Medicine at Peoria, a managed care
11 community network established under subsection (b) of Section
12 5-11 of the Illinois Public Aid Code.
13 The powers of the trustees as herein designated are
14 subject to the provisions of "An Act creating a Board of Higher
15 Education, defining its powers and duties, making an
16 appropriation therefor, and repealing an Act herein named",
17 approved August 22, 1961, as amended.
18 The Board of Trustees shall have the authority to adopt
19 all administrative rules which may be necessary for the
20 effective administration, enforcement and regulation of all
21 matters for which the Board has jurisdiction or
22 responsibility.
23 (b) To assist in the provision of buildings and facilities
24 beneficial to, useful for, or supportive of University
25 purposes, the Board of Trustees of the University of Illinois
26 may exercise the following powers with regard to the area
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1 located on or adjacent to the University of Illinois at
2 Chicago campus and bounded as follows: on the West by Morgan
3 Street; on the North by Roosevelt Road; on the East by Union
4 Street; and on the South by 16th Street, in the City of
5 Chicago:
6 (1) Acquire any interests in land, buildings, or
7 facilities by purchase, including installments payable
8 over a period allowed by law, by lease over a term of such
9 duration as the Board of Trustees shall determine, or by
10 exercise of the power of eminent domain;
11 (2) Sub-lease or contract to purchase through
12 installments all or any portion of buildings or facilities
13 for such duration and on such terms as the Board of
14 Trustees shall determine, including a term that exceeds 5
15 years, provided that each such lease or purchase contract
16 shall be and shall recite that it is subject to
17 termination and cancellation in any year for which the
18 General Assembly fails to make an appropriation to pay the
19 rent or purchase installments payable under the terms of
20 such lease or purchase contract; and
21 (3) Sell property without compliance with the State
22 Property Control Act and retain proceeds in the University
23 Treasury in a special, separate development fund account
24 which the Auditor General shall examine to assure
25 compliance with this Act.
26 Any buildings or facilities to be developed on the land shall
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1 be buildings or facilities that, in the determination of the
2 Board of Trustees, in whole or in part: (i) are for use by the
3 University; or (ii) otherwise advance the interests of the
4 University, including, by way of example, residential
5 facilities for University staff and students and commercial
6 facilities which provide services needed by the University
7 community. Revenues from the development fund account may be
8 withdrawn by the University for the purpose of demolition and
9 the processes associated with demolition; routine land and
10 property acquisition; extension of utilities; streetscape
11 work; landscape work; surface and structure parking;
12 sidewalks, recreational paths, and street construction; and
13 lease and lease purchase arrangements and the professional
14 services associated with the planning and development of the
15 area. Moneys from the development fund account used for any
16 other purpose must be deposited into and appropriated from the
17 General Revenue Fund. Buildings or facilities leased to an
18 entity or person other than the University shall not be
19 subject to any limitations applicable to a State supported
20 college or university under any law. All development on the
21 land and all use of any buildings or facilities shall be
22 subject to the control and approval of the Board of Trustees.
23 (c) The Board of Trustees shall have the power to borrow
24 money, as necessary, from time to time in anticipation of
25 receiving tuition, payments from the State of Illinois, or
26 other revenues or receipts of the University, also known as
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1 anticipated moneys. The borrowing limit shall be capped at
2 100% of the total amount of payroll and other expense vouchers
3 submitted and payable to the University for fiscal year 2010
4 expenses, but unpaid by the State Comptroller's office. Prior
5 to borrowing any funds, the University shall request from the
6 Comptroller's office a verification of the borrowing limit and
7 shall include the estimated date on which such borrowing shall
8 occur. The borrowing limit cap shall be verified by the State
9 Comptroller's office not prior to 45 days before any estimated
10 date for executing any promissory note or line of credit
11 established under this subsection (c). The principal amount
12 borrowed under a promissory note or line of credit shall not
13 exceed 75% of the borrowing limit. Within 15 days after
14 borrowing funds under any promissory note or line of credit
15 established under this subsection (c), the University shall
16 submit to the Governor's Office of Management and Budget, the
17 Speaker of the House of Representatives, the Minority Leader
18 of the House of Representatives, the President of the Senate,
19 and the Minority Leader of the Senate an Emergency Short Term
20 Cash Management Plan. The Emergency Short Term Cash Management
21 Plan shall outline the amount borrowed, the terms for
22 repayment, the amount of outstanding State vouchers as
23 verified by the State Comptroller's office, and the
24 University's plan for expenditure of any borrowed funds,
25 including, but not limited to, a detailed plan to meet payroll
26 obligations to include collective bargaining employees, civil
HB1075 Enrolled - 244 - LRB104 03072 BDA 13090 b
1 service employees, and academic, research, and health care
2 personnel. The establishment of any promissory note or line of
3 credit established under this subsection (c) must be finalized
4 within 90 days after the effective date of this amendatory Act
5 of the 96th General Assembly. The borrowed moneys shall be
6 applied to the purposes of paying salaries and other expenses
7 lawfully authorized in the University's State appropriation
8 and unpaid by the State Comptroller. Any line of credit
9 established under this subsection (c) shall be paid in full
10 one year after creation or within 10 days after the date the
11 University receives reimbursement from the State for all
12 submitted fiscal year 2010 vouchers, whichever is earlier. Any
13 promissory note established under this subsection (c) shall be
14 repaid within one year after issuance of the note. The
15 Chairman, Comptroller, or Treasurer of the Board shall execute
16 a promissory note or similar debt instrument to evidence the
17 indebtedness incurred by the borrowing. In connection with a
18 borrowing, the Board may establish a line of credit with a
19 financial institution, investment bank, or broker/dealer. The
20 obligation to make the payments due under any promissory note
21 or line of credit established under this subsection (c) shall
22 be a lawful obligation of the University payable from the
23 anticipated moneys. Any borrowing under this subsection (c)
24 shall not constitute a debt, legal or moral, of the State and
25 shall not be enforceable against the State. The promissory
26 note or line of credit shall be authorized by a resolution
HB1075 Enrolled - 245 - LRB104 03072 BDA 13090 b
1 passed by the Board and shall be valid whether or not a
2 budgeted item with respect to that resolution is included in
3 any annual or supplemental budget adopted by the Board. The
4 resolution shall set forth facts demonstrating the need for
5 the borrowing, state an amount that the amount to be borrowed
6 will not exceed, and establish a maximum interest rate limit
7 not to exceed the maximum rate authorized by the Bond
8 Authorization Act or 9%, whichever is less. The resolution may
9 direct the Comptroller or Treasurer of the Board to make
10 arrangements to set apart and hold the portion of the
11 anticipated moneys, as received, that shall be used to repay
12 the borrowing, subject to any prior pledges or restrictions
13 with respect to the anticipated moneys. The resolution may
14 also authorize the Treasurer of the Board to make partial
15 repayments of the borrowing as the anticipated moneys become
16 available and may contain any other terms, restrictions, or
17 limitations not inconsistent with the powers of the Board.
18 For the purposes of this subsection (c), "financial
19 institution" means any bank subject to the Illinois Banking
20 Act, any savings and loan association subject to the Illinois
21 Savings and Loan Act of 1985, and any federally chartered
22 commercial bank or savings and loan association or
23 government-sponsored enterprise organized and operated in this
24 State pursuant to the laws of the United States.
25 (Source: P.A. 102-16, eff. 6-17-21.)
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1 Article 10.
2 Section 10-5. The Illinois Administrative Procedure Act is
3 amended by adding Sections 5-45.61 and 5-45.62 as follows:
4 (5 ILCS 100/5-45.61 new)
5 Sec. 5-45.61. Emergency rulemaking; Substance Use Disorder
6 Act. To provide for the expeditious and timely implementation
7 of the changes made to Section 74 of the Mental Health and
8 Developmental Disabilities Administrative Act by this
9 amendatory Act of the 104th General, emergency rules
10 implementing the changes made to that Section by this
11 amendatory Act of the 104th General Assembly may be adopted in
12 accordance with Section 5-45 by the Department of Human
13 Services or any other agency essential to the implementation
14 of the changes. The adoption of emergency rules authorized by
15 Section 5-45 and this Section is deemed to be necessary for the
16 public interest, safety, and welfare.
17 This Section is repealed one year after the effective date
18 of this Section.
19 (5 ILCS 100/5-45.62 new)
20 Sec. 5-45.62. Emergency rulemaking; Illinois Public Aid
21 Code. To provide for the expeditious and timely implementation
22 of the changes made to the Illinois Public Aid Code by this
23 amendatory Act of the 104th General Assembly, emergency rules
HB1075 Enrolled - 247 - LRB104 03072 BDA 13090 b
1 implementing the changes made to that Code by this amendatory
2 Act of the 104th General Assembly may be adopted in accordance
3 with Section 5-45 by the Department of Healthcare and Family
4 Services or any other agency essential to the implementation
5 of the changes. The adoption of emergency rules authorized by
6 Section 5-45 and this Section is deemed to be necessary for the
7 public interest, safety, and welfare.
8 This Section is repealed one year after the effective date
9 of this Section.
10 Section 10-10. The Mental Health and Developmental
11 Disabilities Administrative Act is amended by changing Section
12 74 as follows:
13 (20 ILCS 1705/74)
14 Sec. 74. Rates and reimbursements.
15 (a) Within 30 days after July 6, 2017 (the effective date
16 of Public Act 100-23), the Department shall increase rates and
17 reimbursements to fund a minimum of a $0.75 per hour wage
18 increase for frontline front-line personnel, including, but
19 not limited to, direct support professionals, aides, frontline
20 front-line supervisors, qualified intellectual disabilities
21 professionals, nurses, and non-administrative support staff
22 working in community-based provider organizations serving
23 individuals with developmental disabilities. The Department
24 shall adopt rules, including emergency rules under subsection
HB1075 Enrolled - 248 - LRB104 03072 BDA 13090 b
1 (y) of Section 5-45 of the Illinois Administrative Procedure
2 Act, to implement the provisions of this Section.
3 (b) Rates and reimbursements. Within 30 days after June 4,
4 2018 (the effective date of Public Act 100-587), the
5 Department shall increase rates and reimbursements to fund a
6 minimum of a $0.50 per hour wage increase for frontline
7 front-line personnel, including, but not limited to, direct
8 support professionals, aides, frontline front-line
9 supervisors, qualified intellectual disabilities
10 professionals, nurses, and non-administrative support staff
11 working in community-based provider organizations serving
12 individuals with developmental disabilities. The Department
13 shall adopt rules, including emergency rules under subsection
14 (bb) of Section 5-45 of the Illinois Administrative Procedure
15 Act, to implement the provisions of this Section.
16 (c) Rates and reimbursements. Within 30 days after June 5,
17 2019 (the effective date of Public Act 101-10), subject to
18 federal approval, the Department shall increase rates and
19 reimbursements in effect on June 30, 2019 for community-based
20 providers for persons with Developmental Disabilities by 3.5%
21 The Department shall adopt rules, including emergency rules
22 under subsection (jj) of Section 5-45 of the Illinois
23 Administrative Procedure Act, to implement the provisions of
24 this Section, including wage increases for direct care staff.
25 (d) For community-based providers serving persons with
26 intellectual/developmental disabilities, subject to federal
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1 approval of any relevant Waiver Amendment, the rates taking
2 effect for services delivered on or after January 1, 2022,
3 shall include an increase in the rate methodology sufficient
4 to provide a $1.50 per hour wage increase for direct support
5 professionals in residential settings and sufficient to
6 provide wages for all residential non-executive direct care
7 staff, excluding direct support professionals, at the federal
8 Department of Labor, Bureau of Labor Statistics' average wage
9 as defined in rule by the Department.
10 The establishment of and any changes to the rate
11 methodologies for community-based services provided to persons
12 with intellectual/developmental disabilities are subject to
13 federal approval of any relevant Waiver Amendment and shall be
14 defined in rule by the Department. The Department shall adopt
15 rules, including emergency rules as authorized by Section 5-45
16 of the Illinois Administrative Procedure Act, to implement the
17 provisions of this subsection (d).
18 (e) For community-based providers serving persons with
19 intellectual/developmental disabilities, subject to federal
20 approval of any relevant Waiver Amendment, the rates taking
21 effect for services delivered on or after January 1, 2023,
22 shall include an increase in the rate methodology sufficient
23 to provide a $1.00 per hour wage increase for all direct
24 support professionals and all other frontline personnel who
25 are not subject to the Bureau of Labor Statistics' average
26 wage increases, who work in residential and community day
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1 services settings, with at least $0.50 of those funds to be
2 provided as a direct increase to base wages, with the
3 remaining $0.50 to be used flexibly for base wage increases.
4 In addition, the rates taking effect for services delivered on
5 or after January 1, 2023 shall include an increase sufficient
6 to provide wages for all residential non-executive direct care
7 staff, excluding direct support professionals, at the federal
8 Department of Labor, Bureau of Labor Statistics' average wage
9 as defined in rule by the Department.
10 The establishment of and any changes to the rate
11 methodologies for community-based services provided to persons
12 with intellectual/developmental disabilities are subject to
13 federal approval of any relevant Waiver Amendment and shall be
14 defined in rule by the Department. The Department shall adopt
15 rules, including emergency rules as authorized by Section 5-45
16 of the Illinois Administrative Procedure Act, to implement the
17 provisions of this subsection.
18 (f) For community-based providers serving persons with
19 intellectual/developmental disabilities, subject to federal
20 approval of any relevant Waiver Amendment, the rates taking
21 effect for services delivered on or after January 1, 2024
22 shall include an increase in the rate methodology sufficient
23 to provide a $2.50 per hour wage increase for all direct
24 support professionals and all other frontline personnel who
25 are not subject to the Bureau of Labor Statistics' average
26 wage increases and who work in residential and community day
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1 services settings. At least $1.25 of the per hour wage
2 increase shall be provided as a direct increase to base wages,
3 and the remaining $1.25 of the per hour wage increase shall be
4 used flexibly for base wage increases. In addition, the rates
5 taking effect for services delivered on or after January 1,
6 2024 shall include an increase sufficient to provide wages for
7 all residential non-executive direct care staff, excluding
8 direct support professionals, at the federal Department of
9 Labor, Bureau of Labor Statistics' average wage as defined in
10 rule by the Department.
11 The establishment of and any changes to the rate
12 methodologies for community-based services provided to persons
13 with intellectual/developmental disabilities are subject to
14 federal approval of any relevant Waiver Amendment and shall be
15 defined in rule by the Department. The Department shall adopt
16 rules, including emergency rules as authorized by Section 5-45
17 of the Illinois Administrative Procedure Act, to implement the
18 provisions of this subsection.
19 (g) For community-based providers serving persons with
20 intellectual or developmental disabilities, subject to federal
21 approval of any relevant Waiver Amendment, the rates taking
22 effect for services delivered on or after January 1, 2025
23 shall include an increase in the rate methodology sufficient
24 to provide a $1 per hour wage rate increase for all direct
25 support personnel and all other frontline personnel who are
26 not subject to the Bureau of Labor Statistics' average wage
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1 increases and who work in residential and community day
2 services settings, with at least $0.75 of those funds to be
3 provided as a direct increase to base wages and the remaining
4 $0.25 to be used flexibly for base wage increases. These
5 increases shall not be used by community-based providers for
6 operational or administrative expenses. In addition, the rates
7 taking effect for services delivered on or after January 1,
8 2025 shall include an increase sufficient to provide wages for
9 all residential non-executive direct care staff, excluding
10 direct support personnel, at the federal Department of Labor,
11 Bureau of Labor Statistics' average wage as defined by rule by
12 the Department. For services delivered on or after January 1,
13 2025, the rates shall include adjustments to
14 employment-related expenses as defined by rule by the
15 Department.
16 The establishment of and any changes to the rate
17 methodologies for community-based services provided to persons
18 with intellectual or developmental disabilities are subject to
19 federal approval of any relevant Waiver Amendment and shall be
20 defined in rule by the Department. The Department shall adopt
21 rules, including emergency rules as authorized by Section 5-45
22 of the Illinois Administrative Procedure Act, to implement the
23 provisions of this subsection.
24 (h) For community-based providers serving persons with
25 intellectual or developmental disabilities, subject to federal
26 approval of any relevant Waiver Amendment, the rates taking
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1 effect for services delivered on or after January 1, 2026
2 shall include an increase in the rate methodology sufficient
3 to provide a $0.80 per hour wage increase for all direct
4 support personnel and all other frontline personnel who are
5 not subject to the Bureau of Labor Statistics' average wage
6 increases and who work in residential and community day
7 services settings, with at least $0.60 of the per hour wage
8 increase to be provided as a direct increase to base wages, and
9 the remaining $0.20 of the per hour wage increase to be used
10 flexibly for base wage increases. These increases shall not be
11 used by community-based providers for operational or
12 administrative expenses. In addition, the rates taking effect
13 for services delivered on or after January 1, 2026 shall
14 include an increase sufficient to provide wages for all
15 residential non-executive direct care staff, excluding direct
16 support personnel, at the federal Department of Labor, Bureau
17 of Labor Statistics' average wage as defined in rule by the
18 Department.
19 The establishment of and any changes to the rate
20 methodologies for community-based services provided to persons
21 with intellectual or developmental disabilities are subject to
22 federal approval of any relevant Waiver Amendment and shall be
23 defined in rule by the Department. The Department shall adopt
24 rules, including emergency rules as authorized by Section 5-45
25 of the Illinois Administrative Procedure Act, to implement the
26 provisions of this subsection.
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1 (Source: P.A. 102-16, eff. 6-17-21; 102-699, eff. 4-19-22;
2 102-830, eff. 1-1-23; 103-8, eff. 6-7-23; 103-154, eff.
3 6-30-23; 103-588, eff. 6-5-24.)
4 Section 10-15. The Illinois Public Aid Code is amended by
5 changing Section 5-5.4 as follows:
6 (305 ILCS 5/5-5.4) (from Ch. 23, par. 5-5.4)
7 Sec. 5-5.4. Standards of payment; Department of Healthcare
8 and Family Services. The Department of Healthcare and Family
9 Services shall develop standards of payment of nursing
10 facility and ICF/DD services in facilities providing such
11 services under this Article which:
12 (1) Provide for the determination of a facility's payment
13 for nursing facility or ICF/DD services on a prospective
14 basis. The amount of the payment rate for all nursing
15 facilities certified by the Department of Public Health under
16 the ID/DD Community Care Act or the Nursing Home Care Act as
17 Intermediate Care for the Developmentally Disabled facilities,
18 Long Term Care for Under Age 22 facilities, Skilled Nursing
19 facilities, or Intermediate Care facilities under the medical
20 assistance program shall be prospectively established annually
21 on the basis of historical, financial, and statistical data
22 reflecting actual costs from prior years, which shall be
23 applied to the current rate year and updated for inflation,
24 except that the capital cost element for newly constructed
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1 facilities shall be based upon projected budgets. The annually
2 established payment rate shall take effect on July 1 in 1984
3 and subsequent years. No rate increase and no update for
4 inflation shall be provided on or after July 1, 1994, unless
5 specifically provided for in this Section. The changes made by
6 Public Act 93-841 extending the duration of the prohibition
7 against a rate increase or update for inflation are effective
8 retroactive to July 1, 2004.
9 For facilities licensed by the Department of Public Health
10 under the Nursing Home Care Act as Intermediate Care for the
11 Developmentally Disabled facilities or Long Term Care for
12 Under Age 22 facilities, the rates taking effect on July 1,
13 1998 shall include an increase of 3%. For facilities licensed
14 by the Department of Public Health under the Nursing Home Care
15 Act as Skilled Nursing facilities or Intermediate Care
16 facilities, the rates taking effect on July 1, 1998 shall
17 include an increase of 3% plus $1.10 per resident-day, as
18 defined by the Department. For facilities licensed by the
19 Department of Public Health under the Nursing Home Care Act as
20 Intermediate Care Facilities for the Developmentally Disabled
21 or Long Term Care for Under Age 22 facilities, the rates taking
22 effect on January 1, 2006 shall include an increase of 3%. For
23 facilities licensed by the Department of Public Health under
24 the Nursing Home Care Act as Intermediate Care Facilities for
25 the Developmentally Disabled or Long Term Care for Under Age
26 22 facilities, the rates taking effect on January 1, 2009
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1 shall include an increase sufficient to provide a $0.50 per
2 hour wage increase for non-executive staff. For facilities
3 licensed by the Department of Public Health under the ID/DD
4 Community Care Act as ID/DD Facilities the rates taking effect
5 within 30 days after July 6, 2017 (the effective date of Public
6 Act 100-23) shall include an increase sufficient to provide a
7 $0.75 per hour wage increase for non-executive staff. The
8 Department shall adopt rules, including emergency rules under
9 subsection (y) of Section 5-45 of the Illinois Administrative
10 Procedure Act, to implement the provisions of this paragraph.
11 For facilities licensed by the Department of Public Health
12 under the ID/DD Community Care Act as ID/DD Facilities and
13 under the MC/DD Act as MC/DD Facilities, the rates taking
14 effect within 30 days after June 5, 2019 (the effective date of
15 Public Act 101-10) shall include an increase sufficient to
16 provide a $0.50 per hour wage increase for non-executive
17 frontline front-line personnel, including, but not limited to,
18 direct support persons, aides, frontline front-line
19 supervisors, qualified intellectual disabilities
20 professionals, nurses, and non-administrative support staff.
21 The Department shall adopt rules, including emergency rules
22 under subsection (bb) of Section 5-45 of the Illinois
23 Administrative Procedure Act, to implement the provisions of
24 this paragraph.
25 For facilities licensed by the Department of Public Health
26 under the Nursing Home Care Act as Intermediate Care for the
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1 Developmentally Disabled facilities or Long Term Care for
2 Under Age 22 facilities, the rates taking effect on July 1,
3 1999 shall include an increase of 1.6% plus $3.00 per
4 resident-day, as defined by the Department. For facilities
5 licensed by the Department of Public Health under the Nursing
6 Home Care Act as Skilled Nursing facilities or Intermediate
7 Care facilities, the rates taking effect on July 1, 1999 shall
8 include an increase of 1.6% and, for services provided on or
9 after October 1, 1999, shall be increased by $4.00 per
10 resident-day, as defined by the Department.
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 2000 shall include an increase of 2.5% per resident-day, as
16 defined by the Department. For facilities licensed by the
17 Department of Public Health under the Nursing Home Care Act as
18 Skilled Nursing facilities or Intermediate Care facilities,
19 the rates taking effect on July 1, 2000 shall include an
20 increase of 2.5% per resident-day, as defined by the
21 Department.
22 For facilities licensed by the Department of Public Health
23 under the Nursing Home Care Act as skilled nursing facilities
24 or intermediate care facilities, a new payment methodology
25 must be implemented for the nursing component of the rate
26 effective July 1, 2003. The Department of Public Aid (now
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1 Healthcare and Family Services) shall develop the new payment
2 methodology using the Minimum Data Set (MDS) as the instrument
3 to collect information concerning nursing home resident
4 condition necessary to compute the rate. The Department shall
5 develop the new payment methodology to meet the unique needs
6 of Illinois nursing home residents while remaining subject to
7 the appropriations provided by the General Assembly. A
8 transition period from the payment methodology in effect on
9 June 30, 2003 to the payment methodology in effect on July 1,
10 2003 shall be provided for a period not exceeding 3 years and
11 184 days after implementation of the new payment methodology
12 as follows:
13 (A) For a facility that would receive a lower nursing
14 component rate per patient day under the new system than
15 the facility received effective on the date immediately
16 preceding the date that the Department implements the new
17 payment methodology, the nursing component rate per
18 patient day for the facility shall be held at the level in
19 effect on the date immediately preceding the date that the
20 Department implements the new payment methodology until a
21 higher nursing component rate of reimbursement is achieved
22 by that facility.
23 (B) For a facility that would receive a higher nursing
24 component rate per patient day under the payment
25 methodology in effect on July 1, 2003 than the facility
26 received effective on the date immediately preceding the
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1 date that the Department implements the new payment
2 methodology, the nursing component rate per patient day
3 for the facility shall be adjusted.
4 (C) Notwithstanding paragraphs (A) and (B), the
5 nursing component rate per patient day for the facility
6 shall be adjusted subject to appropriations provided by
7 the General Assembly.
8 For facilities licensed by the Department of Public Health
9 under the Nursing Home Care Act as Intermediate Care for the
10 Developmentally Disabled facilities or Long Term Care for
11 Under Age 22 facilities, the rates taking effect on March 1,
12 2001 shall include a statewide increase of 7.85%, as defined
13 by the Department.
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, except facilities participating
18 in the Department's demonstration program pursuant to the
19 provisions of Title 77, Part 300, Subpart T of the Illinois
20 Administrative Code, the numerator of the ratio used by the
21 Department of Healthcare and Family Services to compute the
22 rate payable under this Section using the Minimum Data Set
23 (MDS) methodology shall incorporate the following annual
24 amounts as the additional funds appropriated to the Department
25 specifically to pay for rates based on the MDS nursing
26 component methodology in excess of the funding in effect on
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1 December 31, 2006:
2 (i) For rates taking effect January 1, 2007,
3 $60,000,000.
4 (ii) For rates taking effect January 1, 2008,
5 $110,000,000.
6 (iii) For rates taking effect January 1, 2009,
7 $194,000,000.
8 (iv) For rates taking effect April 1, 2011, or the
9 first day of the month that begins at least 45 days after
10 February 16, 2011 (the effective date of Public Act
11 96-1530), $416,500,000 or an amount as may be necessary to
12 complete the transition to the MDS methodology for the
13 nursing component of the rate. Increased payments under
14 this item (iv) are not due and payable, however, until (i)
15 the methodologies described in this paragraph are approved
16 by the federal government in an appropriate State Plan
17 amendment and (ii) the assessment imposed by Section 5B-2
18 of this Code is determined to be a permissible tax under
19 Title XIX of the Social Security Act.
20 Notwithstanding any other provision of this Section, for
21 facilities licensed by the Department of Public Health under
22 the Nursing Home Care Act as skilled nursing facilities or
23 intermediate care facilities, the support component of the
24 rates taking effect on January 1, 2008 shall be computed using
25 the most recent cost reports on file with the Department of
26 Healthcare and Family Services no later than April 1, 2005,
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1 updated for inflation to January 1, 2006.
2 For facilities licensed by the Department of Public Health
3 under the Nursing Home Care Act as Intermediate Care for the
4 Developmentally Disabled facilities or Long Term Care for
5 Under Age 22 facilities, the rates taking effect on April 1,
6 2002 shall include a statewide increase of 2.0%, as defined by
7 the Department. This increase terminates on July 1, 2002;
8 beginning July 1, 2002 these rates are reduced to the level of
9 the rates in effect on March 31, 2002, as defined by the
10 Department.
11 For facilities licensed by the Department of Public Health
12 under the Nursing Home Care Act as skilled nursing facilities
13 or intermediate care facilities, the rates taking effect on
14 July 1, 2001 shall be computed using the most recent cost
15 reports on file with the Department of Public Aid no later than
16 April 1, 2000, updated for inflation to January 1, 2001. For
17 rates effective July 1, 2001 only, rates shall be the greater
18 of the rate computed for July 1, 2001 or the rate effective on
19 June 30, 2001.
20 Notwithstanding any other provision of this Section, for
21 facilities licensed by the Department of Public Health under
22 the Nursing Home Care Act as skilled nursing facilities or
23 intermediate care facilities, the Illinois Department shall
24 determine by rule the rates taking effect on July 1, 2002,
25 which shall be 5.9% less than the rates in effect on June 30,
26 2002.
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1 Notwithstanding any other provision of this Section, for
2 facilities licensed by the Department of Public Health under
3 the Nursing Home Care Act as skilled nursing facilities or
4 intermediate care facilities, if the payment methodologies
5 required under Section 5A-12 and the waiver granted under 42
6 CFR 433.68 are approved by the United States Centers for
7 Medicare and Medicaid Services, the rates taking effect on
8 July 1, 2004 shall be 3.0% greater than the rates in effect on
9 June 30, 2004. These rates shall take effect only upon
10 approval and implementation of the payment methodologies
11 required under Section 5A-12.
12 Notwithstanding any other provisions of this Section, for
13 facilities licensed by the Department of Public Health under
14 the Nursing Home Care Act as skilled nursing facilities or
15 intermediate care facilities, the rates taking effect on
16 January 1, 2005 shall be 3% more than the rates in effect on
17 December 31, 2004.
18 Notwithstanding any other provision of this Section, for
19 facilities licensed by the Department of Public Health under
20 the Nursing Home Care Act as skilled nursing facilities or
21 intermediate care facilities, effective January 1, 2009, the
22 per diem support component of the rates effective on January
23 1, 2008, computed using the most recent cost reports on file
24 with the Department of Healthcare and Family Services no later
25 than April 1, 2005, updated for inflation to January 1, 2006,
26 shall be increased to the amount that would have been derived
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1 using standard Department of Healthcare and Family Services
2 methods, procedures, and inflators.
3 Notwithstanding any other provisions of this Section, for
4 facilities licensed by the Department of Public Health under
5 the Nursing Home Care Act as intermediate care facilities that
6 are federally defined as Institutions for Mental Disease, or
7 facilities licensed by the Department of Public Health under
8 the Specialized Mental Health Rehabilitation Act of 2013, a
9 socio-development component rate equal to 6.6% of the
10 facility's nursing component rate as of January 1, 2006 shall
11 be established and paid effective July 1, 2006. The
12 socio-development component of the rate shall be increased by
13 a factor of 2.53 on the first day of the month that begins at
14 least 45 days after January 11, 2008 (the effective date of
15 Public Act 95-707). As of August 1, 2008, the
16 socio-development component rate shall be equal to 6.6% of the
17 facility's nursing component rate as of January 1, 2006,
18 multiplied by a factor of 3.53. For services provided on or
19 after April 1, 2011, or the first day of the month that begins
20 at least 45 days after February 16, 2011 (the effective date of
21 Public Act 96-1530), whichever is later, the Illinois
22 Department may by rule adjust these socio-development
23 component rates, and may use different adjustment
24 methodologies for those facilities participating, and those
25 not participating, in the Illinois Department's demonstration
26 program pursuant to the provisions of Title 77, Part 300,
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1 Subpart T of the Illinois Administrative Code, but in no case
2 may such rates be diminished below those in effect on August 1,
3 2008.
4 For facilities licensed by the Department of Public Health
5 under the Nursing Home Care Act as Intermediate Care for the
6 Developmentally Disabled facilities or as long-term care
7 facilities for residents under 22 years of age, the rates
8 taking effect on July 1, 2003 shall include a statewide
9 increase of 4%, as defined by the Department.
10 For facilities licensed by the Department of Public Health
11 under the Nursing Home Care Act as Intermediate Care for the
12 Developmentally Disabled facilities or Long Term Care for
13 Under Age 22 facilities, the rates taking effect on the first
14 day of the month that begins at least 45 days after January 11,
15 2008 (the effective date of Public Act 95-707) shall include a
16 statewide increase of 2.5%, as defined by the Department.
17 Notwithstanding any other provision of this Section, for
18 facilities licensed by the Department of Public Health under
19 the Nursing Home Care Act as skilled nursing facilities or
20 intermediate care facilities, effective January 1, 2005,
21 facility rates shall be increased by the difference between
22 (i) a facility's per diem property, liability, and malpractice
23 insurance costs as reported in the cost report filed with the
24 Department of Public Aid and used to establish rates effective
25 July 1, 2001 and (ii) those same costs as reported in the
26 facility's 2002 cost report. These costs shall be passed
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1 through to the facility without caps or limitations, except
2 for adjustments required under normal auditing procedures.
3 Rates established effective each July 1 shall govern
4 payment for services rendered throughout that fiscal year,
5 except that rates established on July 1, 1996 shall be
6 increased by 6.8% for services provided on or after January 1,
7 1997. Such rates will be based upon the rates calculated for
8 the year beginning July 1, 1990, and for subsequent years
9 thereafter until June 30, 2001 shall be based on the facility
10 cost reports for the facility fiscal year ending at any point
11 in time during the previous calendar year, updated to the
12 midpoint of the rate year. The cost report shall be on file
13 with the Department no later than April 1 of the current rate
14 year. Should the cost report not be on file by April 1, the
15 Department shall base the rate on the latest cost report filed
16 by each skilled care facility and intermediate care facility,
17 updated to the midpoint of the current rate year. In
18 determining rates for services rendered on and after July 1,
19 1985, fixed time shall not be computed at less than zero. The
20 Department shall not make any alterations of regulations which
21 would reduce any component of the Medicaid rate to a level
22 below what that component would have been utilizing in the
23 rate effective on July 1, 1984.
24 (2) Shall take into account the actual costs incurred by
25 facilities in providing services for recipients of skilled
26 nursing and intermediate care services under the medical
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1 assistance program.
2 (3) Shall take into account the medical and psycho-social
3 characteristics and needs of the patients.
4 (4) Shall take into account the actual costs incurred by
5 facilities in meeting licensing and certification standards
6 imposed and prescribed by the State of Illinois, any of its
7 political subdivisions or municipalities and by the U.S.
8 Department of Health and Human Services pursuant to Title XIX
9 of the Social Security Act.
10 The Department of Healthcare and Family Services shall
11 develop precise standards for payments to reimburse nursing
12 facilities for any utilization of appropriate rehabilitative
13 personnel for the provision of rehabilitative services which
14 is authorized by federal regulations, including reimbursement
15 for services provided by qualified therapists or qualified
16 assistants, and which is in accordance with accepted
17 professional practices. Reimbursement also may be made for
18 utilization of other supportive personnel under appropriate
19 supervision.
20 The Department shall develop enhanced payments to offset
21 the additional costs incurred by a facility serving
22 exceptional need residents and shall allocate at least
23 $4,000,000 of the funds collected from the assessment
24 established by Section 5B-2 of this Code for such payments.
25 For the purpose of this Section, "exceptional needs" means,
26 but need not be limited to, ventilator care and traumatic
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1 brain injury care. The enhanced payments for exceptional need
2 residents under this paragraph are not due and payable,
3 however, until (i) the methodologies described in this
4 paragraph are approved by the federal government in an
5 appropriate State Plan amendment and (ii) the assessment
6 imposed by Section 5B-2 of this Code is determined to be a
7 permissible tax under Title XIX of the Social Security Act.
8 Beginning January 1, 2014 the methodologies for
9 reimbursement of nursing facility services as provided under
10 this Section 5-5.4 shall no longer be applicable for services
11 provided on or after January 1, 2014.
12 No payment increase under this Section for the MDS
13 methodology, exceptional care residents, or the
14 socio-development component rate established by Public Act
15 96-1530 of the 96th General Assembly and funded by the
16 assessment imposed under Section 5B-2 of this Code shall be
17 due and payable until after the Department notifies the
18 long-term care providers, in writing, that the payment
19 methodologies to long-term care providers required under this
20 Section have been approved by the Centers for Medicare and
21 Medicaid Services of the U.S. Department of Health and Human
22 Services and the waivers under 42 CFR 433.68 for the
23 assessment imposed by this Section, if necessary, have been
24 granted by the Centers for Medicare and Medicaid Services of
25 the U.S. Department of Health and Human Services. Upon
26 notification to the Department of approval of the payment
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1 methodologies required under this Section and the waivers
2 granted under 42 CFR 433.68, all increased payments otherwise
3 due under this Section prior to the date of notification shall
4 be due and payable within 90 days of the date federal approval
5 is received.
6 On and after July 1, 2012, the Department shall reduce any
7 rate of reimbursement for services or other payments or alter
8 any methodologies authorized by this Code to reduce any rate
9 of reimbursement for services or other payments in accordance
10 with Section 5-5e.
11 For facilities licensed by the Department of Public Health
12 under the ID/DD Community Care Act as ID/DD Facilities and
13 under the MC/DD Act as MC/DD Facilities, subject to federal
14 approval, the rates taking effect for services delivered on or
15 after August 1, 2019 shall be increased by 3.5% over the rates
16 in effect on June 30, 2019. The Department shall adopt rules,
17 including emergency rules under subsection (ii) of Section
18 5-45 of the Illinois Administrative Procedure Act, to
19 implement the provisions of this Section, including wage
20 increases for direct care staff.
21 For facilities licensed by the Department of Public Health
22 under the ID/DD Community Care Act as ID/DD Facilities and
23 under the MC/DD Act as MC/DD Facilities, subject to federal
24 approval, the rates taking effect on the latter of the
25 approval date of the State Plan Amendment for these facilities
26 or the Waiver Amendment for the home and community-based
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1 services settings shall include an increase sufficient to
2 provide a $0.26 per hour wage increase to the base wage for
3 non-executive staff. The Department shall adopt rules,
4 including emergency rules as authorized by Section 5-45 of the
5 Illinois Administrative Procedure Act, to implement the
6 provisions of this Section, including wage increases for
7 direct care staff.
8 For facilities licensed by the Department of Public Health
9 under the ID/DD Community Care Act as ID/DD Facilities and
10 under the MC/DD Act as MC/DD Facilities, subject to federal
11 approval of the State Plan Amendment and the Waiver Amendment
12 for the home and community-based services settings, the rates
13 taking effect for the services delivered on or after July 1,
14 2020 shall include an increase sufficient to provide a $1.00
15 per hour wage increase for non-executive staff. For services
16 delivered on or after January 1, 2021, subject to federal
17 approval of the State Plan Amendment and the Waiver Amendment
18 for the home and community-based services settings, shall
19 include an increase sufficient to provide a $0.50 per hour
20 increase for non-executive staff. The Department shall adopt
21 rules, including emergency rules as authorized by Section 5-45
22 of the Illinois Administrative Procedure Act, to implement the
23 provisions of this Section, including wage increases for
24 direct care staff.
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 of the State Plan Amendment, the rates taking effect
3 for the residential services delivered on or after July 1,
4 2021, shall include an increase sufficient to provide a $0.50
5 per hour increase for aides in the rate methodology. For
6 facilities licensed by the Department of Public Health under
7 the ID/DD Community Care Act as ID/DD Facilities and under the
8 MC/DD Act as MC/DD Facilities, subject to federal approval of
9 the State Plan Amendment, the rates taking effect for the
10 residential services delivered on or after January 1, 2022
11 shall include an increase sufficient to provide a $1.00 per
12 hour increase for aides in the rate methodology. In addition,
13 for residential services delivered on or after January 1, 2022
14 such rates shall include an increase sufficient to provide
15 wages for all residential non-executive direct care staff,
16 excluding aides, at the federal Department of Labor, Bureau of
17 Labor Statistics' average wage as defined in rule by the
18 Department. The Department shall adopt rules, including
19 emergency rules as authorized by Section 5-45 of the Illinois
20 Administrative Procedure Act, to implement the provisions of
21 this Section.
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, the rates taking effect
26 for services delivered on or after January 1, 2023, shall
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1 include a $1.00 per hour wage increase for all direct support
2 personnel and all other frontline personnel who are not
3 subject to the Bureau of Labor Statistics' average wage
4 increases, who work in residential and community day services
5 settings, with at least $0.50 of those funds to be provided as
6 a direct increase to all aide base wages, with the remaining
7 $0.50 to be used flexibly for base wage increases to the rate
8 methodology for aides. In addition, for residential services
9 delivered on or after January 1, 2023 the rates shall include
10 an increase sufficient to provide wages for all residential
11 non-executive direct care staff, excluding aides, at the
12 federal Department of Labor, Bureau of Labor Statistics'
13 average wage as determined by the Department. Also, for
14 services delivered on or after January 1, 2023, the rates will
15 include adjustments to employment-related expenses as defined
16 in rule by the Department. The Department shall adopt rules,
17 including emergency rules as authorized by Section 5-45 of the
18 Illinois Administrative Procedure Act, to implement the
19 provisions of this Section.
20 For facilities licensed by the Department of Public Health
21 under the ID/DD Community Care Act as ID/DD facilities and
22 under the MC/DD Act as MC/DD facilities, subject to federal
23 approval of the State Plan Amendment, the rates taking effect
24 for services delivered on or after January 1, 2024 shall
25 include a $2.50 per hour wage increase for all direct support
26 personnel and all other frontline personnel who are not
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1 subject to the Bureau of Labor Statistics' average wage
2 increases and who work in residential and community day
3 services settings. At least $1.25 of the per hour wage
4 increase shall be provided as a direct increase to all aide
5 base wages, and the remaining $1.25 of the per hour wage
6 increase shall be used flexibly for base wage increases to the
7 rate methodology for aides. In addition, for residential
8 services delivered on or after January 1, 2024, the rates
9 shall include an increase sufficient to provide wages for all
10 residential non-executive direct care staff, excluding aides,
11 at the federal Department of Labor, Bureau of Labor
12 Statistics' average wage as determined by the Department.
13 Also, for services delivered on or after January 1, 2024, the
14 rates will include adjustments to employment-related expenses
15 as defined in rule by the Department. The Department shall
16 adopt rules, including emergency rules as authorized by
17 Section 5-45 of the Illinois Administrative Procedure Act, to
18 implement the provisions of this Section.
19 For facilities licensed by the Department of Public Health
20 under the ID/DD Community Care Act as ID/DD facilities and
21 under the MC/DD Act as MC/DD facilities, subject to federal
22 approval of a State Plan Amendment, the rates taking effect
23 for services delivered on or after January 1, 2025 shall
24 include a $1.00 per hour wage increase for all direct support
25 personnel and all other frontline personnel who are not
26 subject to the Bureau of Labor Statistics' average wage
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1 increases and who work in residential and community day
2 services settings, with at least $0.75 of those funds to be
3 provided as a direct increase to all aide base wages and the
4 remaining $0.25 to be used flexibly for base wage increases to
5 the rate methodology for aides. These increases shall not be
6 used by facilities for operational and administrative
7 expenses. In addition, for residential services delivered on
8 or after January 1, 2025, the rates shall include an increase
9 sufficient to provide wages for all residential non-executive
10 direct care staff, excluding aides, at the federal Department
11 of Labor, Bureau of Labor Statistics' average wage as
12 determined by the Department. Also, for services delivered on
13 or after January 1, 2025, the rates will include adjustments
14 to employment-related expenses as defined in rule by the
15 Department. The Department shall adopt rules, including
16 emergency rules as authorized by Section 5-45 of the Illinois
17 Administrative Procedure Act, to implement the provisions of
18 this Section.
19 For facilities licensed by the Department of Public Health
20 under the ID/DD Community Care Act as ID/DD facilities and
21 under the MC/DD Act as MC/DD facilities, subject to federal
22 approval of a State Plan Amendment, the rates taking effect
23 for services delivered on or after January 1, 2026 shall
24 include a $0.80 per hour wage increase for all direct support
25 personnel and all other frontline personnel who are not
26 subject to the Bureau of Labor Statistics' average wage
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1 increases and who work in residential and community day
2 services settings, with at least $0.60 of those funds to be
3 provided as a direct increase to all aide base wages and the
4 remaining $0.20 to be used flexibly for base wage increases to
5 the rate methodology for aides. These increases shall not be
6 used by facilities for operational and administrative
7 expenses. In addition, for residential services delivered on
8 or after January 1, 2026, the rates shall include an increase
9 sufficient to provide wages for all residential non-executive
10 direct care staff, excluding aides, at the federal Department
11 of Labor, Bureau of Labor Statistics' average wage as
12 determined by the Department. Also, for services delivered on
13 or after January 1, 2026, the rates will include adjustments
14 to employment-related expenses as defined in rule by the
15 Department. The Department shall adopt rules, including
16 emergency rules as authorized by Section 5-45 of the Illinois
17 Administrative Procedure Act, to implement the provisions of
18 this Section.
19 Notwithstanding any other provision of this Section to the
20 contrary, any regional wage adjuster for facilities located
21 outside of the counties of Cook, DuPage, Kane, Lake, McHenry,
22 and Will shall be no lower than 1.00, and any regional wage
23 adjuster for facilities located within the counties of Cook,
24 DuPage, Kane, Lake, McHenry, and Will shall be no lower than
25 1.15.
26 (Source: P.A. 102-16, eff. 6-17-21; 102-699, eff. 4-19-22;
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1 103-8, eff. 6-7-23; 103-588, eff. 7-1-24.)
2 Section 10-20. The Illinois Act on the Aging is amended by
3 changing Section 4.02 as follows:
4 (20 ILCS 105/4.02)
5 Sec. 4.02. Community Care Program. The Department shall
6 establish a program of services to prevent unnecessary
7 institutionalization of persons age 60 and older in need of
8 long term care or who are established as persons who suffer
9 from Alzheimer's disease or a related disorder under the
10 Alzheimer's Disease Assistance Act, thereby enabling them to
11 remain in their own homes or in other living arrangements.
12 Such preventive services, which may be coordinated with other
13 programs for the aged, may include, but are not limited to, any
14 or all of the following:
15 (a) (blank);
16 (b) (blank);
17 (c) home care aide services;
18 (d) personal assistant services;
19 (e) adult day services;
20 (f) home-delivered meals;
21 (g) education in self-care;
22 (h) personal care services;
23 (i) adult day health services;
24 (j) habilitation services;
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1 (k) respite care;
2 (k-5) community reintegration services;
3 (k-6) flexible senior services;
4 (k-7) medication management;
5 (k-8) emergency home response;
6 (l) other nonmedical social services that may enable
7 the person to become self-supporting; or
8 (m) (blank).
9 The Department shall establish eligibility standards for
10 such services. In determining the amount and nature of
11 services for which a person may qualify, consideration shall
12 not be given to the value of cash, property, or other assets
13 held in the name of the person's spouse pursuant to a written
14 agreement dividing marital property into equal but separate
15 shares or pursuant to a transfer of the person's interest in a
16 home to his spouse, provided that the spouse's share of the
17 marital property is not made available to the person seeking
18 such services.
19 The Department shall require as a condition of eligibility
20 that all new financially eligible applicants apply for and
21 enroll in medical assistance under Article V of the Illinois
22 Public Aid Code in accordance with rules promulgated by the
23 Department.
24 The Department shall, in conjunction with the Department
25 of Public Aid (now Department of Healthcare and Family
26 Services), seek appropriate amendments under Sections 1915 and
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1 1924 of the Social Security Act. The purpose of the amendments
2 shall be to extend eligibility for home and community based
3 services under Sections 1915 and 1924 of the Social Security
4 Act to persons who transfer to or for the benefit of a spouse
5 those amounts of income and resources allowed under Section
6 1924 of the Social Security Act. Subject to the approval of
7 such amendments, the Department shall extend the provisions of
8 Section 5-4 of the Illinois Public Aid Code to persons who, but
9 for the provision of home or community-based services, would
10 require the level of care provided in an institution, as is
11 provided for in federal law. Those persons no longer found to
12 be eligible for receiving noninstitutional services due to
13 changes in the eligibility criteria shall be given 45 days
14 notice prior to actual termination. Those persons receiving
15 notice of termination may contact the Department and request
16 the determination be appealed at any time during the 45 day
17 notice period. The target population identified for the
18 purposes of this Section are persons age 60 and older with an
19 identified service need. Priority shall be given to those who
20 are at imminent risk of institutionalization. The services
21 shall be provided to eligible persons age 60 and older to the
22 extent that the cost of the services together with the other
23 personal maintenance expenses of the persons are reasonably
24 related to the standards established for care in a group
25 facility appropriate to the person's condition. These
26 noninstitutional non-institutional services, pilot projects,
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1 or experimental facilities may be provided as part of or in
2 addition to those authorized by federal law or those funded
3 and administered by the Department of Human Services. The
4 Departments of Human Services, Healthcare and Family Services,
5 Public Health, Veterans' Affairs, and Commerce and Economic
6 Opportunity and other appropriate agencies of State, federal,
7 and local governments shall cooperate with the Department on
8 Aging in the establishment and development of the
9 noninstitutional non-institutional services. The Department
10 shall require an annual audit from all personal assistant and
11 home care aide vendors contracting with the Department under
12 this Section. The annual audit shall assure that each audited
13 vendor's procedures are in compliance with Department's
14 financial reporting guidelines requiring an administrative and
15 employee wage and benefits cost split as defined in
16 administrative rules. The audit is a public record under the
17 Freedom of Information Act. The Department shall execute,
18 relative to the nursing home prescreening project, written
19 inter-agency agreements with the Department of Human Services
20 and the Department of Healthcare and Family Services, to
21 effect the following: (1) intake procedures and common
22 eligibility criteria for those persons who are receiving
23 noninstitutional non-institutional services; and (2) the
24 establishment and development of noninstitutional
25 non-institutional services in areas of the State where they
26 are not currently available or are undeveloped. On and after
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1 July 1, 1996, all nursing home prescreenings for individuals
2 60 years of age or older shall be conducted by the Department.
3 As part of the Department on Aging's routine training of
4 case managers and case manager supervisors, the Department may
5 include information on family futures planning for persons who
6 are age 60 or older and who are caregivers of their adult
7 children with developmental disabilities. The content of the
8 training shall be at the Department's discretion.
9 The Department is authorized to establish a system of
10 recipient copayment for services provided under this Section,
11 such copayment to be based upon the recipient's ability to pay
12 but in no case to exceed the actual cost of the services
13 provided. Additionally, any portion of a person's income which
14 is equal to or less than the federal poverty standard shall not
15 be considered by the Department in determining the copayment.
16 The level of such copayment shall be adjusted whenever
17 necessary to reflect any change in the officially designated
18 federal poverty standard.
19 The Department, or the Department's authorized
20 representative, may recover the amount of moneys expended for
21 services provided to or in behalf of a person under this
22 Section by a claim against the person's estate or against the
23 estate of the person's surviving spouse, but no recovery may
24 be had until after the death of the surviving spouse, if any,
25 and then only at such time when there is no surviving child who
26 is under age 21 or blind or who has a permanent and total
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1 disability. This paragraph, however, shall not bar recovery,
2 at the death of the person, of moneys for services provided to
3 the person or in behalf of the person under this Section to
4 which the person was not entitled; provided that such recovery
5 shall not be enforced against any real estate while it is
6 occupied as a homestead by the surviving spouse or other
7 dependent, if no claims by other creditors have been filed
8 against the estate, or, if such claims have been filed, they
9 remain dormant for failure of prosecution or failure of the
10 claimant to compel administration of the estate for the
11 purpose of payment. This paragraph shall not bar recovery from
12 the estate of a spouse, under Sections 1915 and 1924 of the
13 Social Security Act and Section 5-4 of the Illinois Public Aid
14 Code, who precedes a person receiving services under this
15 Section in death. All moneys for services paid to or in behalf
16 of the person under this Section shall be claimed for recovery
17 from the deceased spouse's estate. "Homestead", as used in
18 this paragraph, means the dwelling house and contiguous real
19 estate occupied by a surviving spouse or relative, as defined
20 by the rules and regulations of the Department of Healthcare
21 and Family Services, regardless of the value of the property.
22 The Department shall increase the effectiveness of the
23 existing Community Care Program by:
24 (1) ensuring that in-home services included in the
25 care plan are available on evenings and weekends;
26 (2) ensuring that care plans contain the services that
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1 eligible participants need based on the number of days in
2 a month, not limited to specific blocks of time, as
3 identified by the comprehensive assessment tool selected
4 by the Department for use statewide, not to exceed the
5 total monthly service cost maximum allowed for each
6 service; the Department shall develop administrative rules
7 to implement this item (2);
8 (3) ensuring that the participants have the right to
9 choose the services contained in their care plan and to
10 direct how those services are provided, based on
11 administrative rules established by the Department;
12 (4)(blank);
13 (5) ensuring that homemakers can provide personal care
14 services that may or may not involve contact with clients,
15 including, but not limited to:
16 (A) bathing;
17 (B) grooming;
18 (C) toileting;
19 (D) nail care;
20 (E) transferring;
21 (F) respiratory services;
22 (G) exercise; or
23 (H) positioning;
24 (6) ensuring that homemaker program vendors are not
25 restricted from hiring homemakers who are family members
26 of clients or recommended by clients; the Department may
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1 not, by rule or policy, require homemakers who are family
2 members of clients or recommended by clients to accept
3 assignments in homes other than the client;
4 (7) ensuring that the State may access maximum federal
5 matching funds by seeking approval for the Centers for
6 Medicare and Medicaid Services for modifications to the
7 State's home and community based services waiver and
8 additional waiver opportunities, including applying for
9 enrollment in the Balance Incentive Payment Program by May
10 1, 2013, in order to maximize federal matching funds; this
11 shall include, but not be limited to, modification that
12 reflects all changes in the Community Care Program
13 services and all increases in the services cost maximum;
14 (8) ensuring that the determination of need tool
15 accurately reflects the service needs of individuals with
16 Alzheimer's disease and related dementia disorders;
17 (9) ensuring that services are authorized accurately
18 and consistently for the Community Care Program (CCP); the
19 Department shall implement a Service Authorization policy
20 directive; the purpose shall be to ensure that eligibility
21 and services are authorized accurately and consistently in
22 the CCP program; the policy directive shall clarify
23 service authorization guidelines to Care Coordination
24 Units and Community Care Program providers no later than
25 May 1, 2013;
26 (10) working in conjunction with Care Coordination
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1 Units, the Department of Healthcare and Family Services,
2 the Department of Human Services, Community Care Program
3 providers, and other stakeholders to make improvements to
4 the Medicaid claiming processes and the Medicaid
5 enrollment procedures or requirements as needed,
6 including, but not limited to, specific policy changes or
7 rules to improve the up-front enrollment of participants
8 in the Medicaid program and specific policy changes or
9 rules to insure more prompt submission of bills to the
10 federal government to secure maximum federal matching
11 dollars as promptly as possible; the Department on Aging
12 shall have at least 3 meetings with stakeholders by
13 January 1, 2014 in order to address these improvements;
14 (11) requiring home care service providers to comply
15 with the rounding of hours worked provisions under the
16 federal Fair Labor Standards Act (FLSA) and as set forth
17 in 29 CFR 785.48(b) by May 1, 2013;
18 (12) implementing any necessary policy changes or
19 promulgating any rules, no later than January 1, 2014, to
20 assist the Department of Healthcare and Family Services in
21 moving as many participants as possible, consistent with
22 federal regulations, into coordinated care plans if a care
23 coordination plan that covers long term care is available
24 in the recipient's area; and
25 (13) (blank).
26 By January 1, 2009 or as soon after the end of the Cash and
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1 Counseling Demonstration Project as is practicable, the
2 Department may, based on its evaluation of the demonstration
3 project, promulgate rules concerning personal assistant
4 services, to include, but need not be limited to,
5 qualifications, employment screening, rights under fair labor
6 standards, training, fiduciary agent, and supervision
7 requirements. All applicants shall be subject to the
8 provisions of the Health Care Worker Background Check Act.
9 The Department shall develop procedures to enhance
10 availability of services on evenings, weekends, and on an
11 emergency basis to meet the respite needs of caregivers.
12 Procedures shall be developed to permit the utilization of
13 services in successive blocks of 24 hours up to the monthly
14 maximum established by the Department. Workers providing these
15 services shall be appropriately trained.
16 No September 23, 1991 (Public Act 87-729) person may
17 perform chore/housekeeping and home care aide services under a
18 program authorized by this Section unless that person has been
19 issued a certificate of pre-service to do so by his or her
20 employing agency. Information gathered to effect such
21 certification shall include (i) the person's name, (ii) the
22 date the person was hired by his or her current employer, and
23 (iii) the training, including dates and levels. Persons
24 engaged in the program authorized by this Section before the
25 effective date of this amendatory Act of 1991 shall be issued a
26 certificate of all pre-service and in-service training from
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1 his or her employer upon submitting the necessary information.
2 The employing agency shall be required to retain records of
3 all staff pre-service and in-service training, and shall
4 provide such records to the Department upon request and upon
5 termination of the employer's contract with the Department. In
6 addition, the employing agency is responsible for the issuance
7 of certifications of in-service training completed to their
8 employees.
9 The Department is required to develop a system to ensure
10 that persons working as home care aides and personal
11 assistants receive increases in their wages when the federal
12 minimum wage is increased by requiring vendors to certify that
13 they are meeting the federal minimum wage statute for home
14 care aides and personal assistants. An employer that cannot
15 ensure that the minimum wage increase is being given to home
16 care aides and personal assistants shall be denied any
17 increase in reimbursement costs.
18 The Community Care Program Advisory Committee is created
19 in the Department on Aging. The Director shall appoint
20 individuals to serve in the Committee, who shall serve at
21 their own expense. Members of the Committee must abide by all
22 applicable ethics laws. The Committee shall advise the
23 Department on issues related to the Department's program of
24 services to prevent unnecessary institutionalization. The
25 Committee shall meet on a bi-monthly basis and shall serve to
26 identify and advise the Department on present and potential
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1 issues affecting the service delivery network, the program's
2 clients, and the Department and to recommend solution
3 strategies. Persons appointed to the Committee shall be
4 appointed on, but not limited to, their own and their agency's
5 experience with the program, geographic representation, and
6 willingness to serve. The Director shall appoint members to
7 the Committee to represent provider, advocacy, policy
8 research, and other constituencies committed to the delivery
9 of high quality home and community-based services to older
10 adults. Representatives shall be appointed to ensure
11 representation from community care providers, including, but
12 not limited to, adult day service providers, homemaker
13 providers, case coordination and case management units,
14 emergency home response providers, statewide trade or labor
15 unions that represent home care aides and direct care staff,
16 area agencies on aging, adults over age 60, membership
17 organizations representing older adults, and other
18 organizational entities, providers of care, or individuals
19 with demonstrated interest and expertise in the field of home
20 and community care as determined by the Director.
21 Nominations may be presented from any agency or State
22 association with interest in the program. The Director, or his
23 or her designee, shall serve as the permanent co-chair of the
24 advisory committee. One other co-chair shall be nominated and
25 approved by the members of the committee on an annual basis.
26 Committee members' terms of appointment shall be for 4 years
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1 with one-quarter of the appointees' terms expiring each year.
2 A member shall continue to serve until his or her replacement
3 is named. The Department shall fill vacancies that have a
4 remaining term of over one year, and this replacement shall
5 occur through the annual replacement of expiring terms. The
6 Director shall designate Department staff to provide technical
7 assistance and staff support to the committee. Department
8 representation shall not constitute membership of the
9 committee. All Committee papers, issues, recommendations,
10 reports, and meeting memoranda are advisory only. The
11 Director, or his or her designee, shall make a written report,
12 as requested by the Committee, regarding issues before the
13 Committee.
14 The Department on Aging and the Department of Human
15 Services shall cooperate in the development and submission of
16 an annual report on programs and services provided under this
17 Section. Such joint report shall be filed with the Governor
18 and the General Assembly on or before March 31 of the following
19 fiscal year.
20 The requirement for reporting to the General Assembly
21 shall be satisfied by filing copies of the report as required
22 by Section 3.1 of the General Assembly Organization Act and
23 filing such additional copies with the State Government Report
24 Distribution Center for the General Assembly as is required
25 under paragraph (t) of Section 7 of the State Library Act.
26 Those persons previously found eligible for receiving
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1 noninstitutional non-institutional services whose services
2 were discontinued under the Emergency Budget Act of Fiscal
3 Year 1992, and who do not meet the eligibility standards in
4 effect on or after July 1, 1992, shall remain ineligible on and
5 after July 1, 1992. Those persons previously not required to
6 cost-share and who were required to cost-share effective March
7 1, 1992, shall continue to meet cost-share requirements on and
8 after July 1, 1992. Beginning July 1, 1992, all clients will be
9 required to meet eligibility, cost-share, and other
10 requirements and will have services discontinued or altered
11 when they fail to meet these requirements.
12 For the purposes of this Section, "flexible senior
13 services" refers to services that require one-time or periodic
14 expenditures, including, but not limited to, respite care,
15 home modification, assistive technology, housing assistance,
16 and transportation.
17 The Department shall implement an electronic service
18 verification based on global positioning systems or other
19 cost-effective technology for the Community Care Program no
20 later than January 1, 2014.
21 The Department shall require, as a condition of
22 eligibility, application for the medical assistance program
23 under Article V of the Illinois Public Aid Code.
24 The Department may authorize Community Care Program
25 services until an applicant is determined eligible for medical
26 assistance under Article V of the Illinois Public Aid Code.
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1 The Department shall continue to provide Community Care
2 Program reports as required by statute, which shall include an
3 annual report on Care Coordination Unit performance and
4 adherence to service guidelines and a 6-month supplemental
5 report.
6 In regard to community care providers, failure to comply
7 with Department on Aging policies shall be cause for
8 disciplinary action, including, but not limited to,
9 disqualification from serving Community Care Program clients.
10 Each provider, upon submission of any bill or invoice to the
11 Department for payment for services rendered, shall include a
12 notarized statement, under penalty of perjury pursuant to
13 Section 1-109 of the Code of Civil Procedure, that the
14 provider has complied with all Department policies.
15 The Director of the Department on Aging shall make
16 information available to the State Board of Elections as may
17 be required by an agreement the State Board of Elections has
18 entered into with a multi-state voter registration list
19 maintenance system.
20 The Department shall pay an enhanced rate of at least
21 $1.77 per unit under the Community Care Program to those
22 in-home service provider agencies that offer health insurance
23 coverage as a benefit to their direct service worker employees
24 pursuant to rules adopted by the Department. The Department
25 shall review the enhanced rate as part of its process to rebase
26 in-home service provider reimbursement rates pursuant to
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1 federal waiver requirements. Subject to federal approval,
2 beginning on January 1, 2024, rates for adult day services
3 shall be increased to $16.84 per hour and rates for each way
4 transportation services for adult day services shall be
5 increased to $12.44 per unit transportation.
6 Subject to federal approval, on and after January 1, 2024,
7 rates for homemaker services shall be increased to $28.07 to
8 sustain a minimum wage of $17 per hour for direct service
9 workers. Rates in subsequent State fiscal years shall be no
10 lower than the rates put into effect upon federal approval.
11 Providers of in-home services shall be required to certify to
12 the Department that they remain in compliance with the
13 mandated wage increase for direct service workers. Fringe
14 benefits, including, but not limited to, paid time off and
15 payment for training, health insurance, travel, or
16 transportation, shall not be reduced in relation to the rate
17 increases described in this paragraph.
18 Subject to and upon federal approval, on and after January
19 1, 2025, rates for homemaker services shall be increased to
20 $29.63 to sustain a minimum wage of $18 per hour for direct
21 service workers. Rates in subsequent State fiscal years shall
22 be no lower than the rates put into effect upon federal
23 approval. Providers of in-home services shall be required to
24 certify to the Department that they remain in compliance with
25 the mandated wage increase for direct service workers. Fringe
26 benefits, including, but not limited to, paid time off and
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1 payment for training, health insurance, travel, or
2 transportation, shall not be reduced in relation to the rate
3 increases described in this paragraph.
4 Subject to and upon federal approval, on and after January
5 1, 2026, rates for homemaker services shall be increased to
6 $30.80 to sustain a minimum wage of $18.75 per hour for direct
7 service workers. Rates in subsequent State fiscal years shall
8 be no lower than the rates put into effect upon federal
9 approval. Providers of in-home services shall be required to
10 certify to the Department that they remain in compliance with
11 the mandated wage increase for direct service workers. Fringe
12 benefits, including, but not limited to, paid time off and
13 payment for training, health insurance, travel, or
14 transportation, shall not be reduced in relation to the rate
15 increases described in this paragraph.
16 The General Assembly finds it necessary to authorize an
17 aggressive Medicaid enrollment initiative designed to maximize
18 federal Medicaid funding for the Community Care Program which
19 produces significant savings for the State of Illinois. The
20 Department on Aging shall establish and implement a Community
21 Care Program Medicaid Initiative. Under the Initiative, the
22 Department on Aging shall, at a minimum: (i) provide an
23 enhanced rate to adequately compensate care coordination units
24 to enroll eligible Community Care Program clients into
25 Medicaid; (ii) use recommendations from a stakeholder
26 committee on how best to implement the Initiative; and (iii)
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1 establish requirements for State agencies to make enrollment
2 in the State's Medical Assistance program easier for seniors.
3 The Community Care Program Medicaid Enrollment Oversight
4 Subcommittee is created as a subcommittee of the Older Adult
5 Services Advisory Committee established in Section 35 of the
6 Older Adult Services Act to make recommendations on how best
7 to increase the number of medical assistance recipients who
8 are enrolled in the Community Care Program. The Subcommittee
9 shall consist of all of the following persons who must be
10 appointed within 30 days after June 4, 2018 (the effective
11 date of Public Act 100-587):
12 (1) The Director of Aging, or his or her designee, who
13 shall serve as the chairperson of the Subcommittee.
14 (2) One representative of the Department of Healthcare
15 and Family Services, appointed by the Director of
16 Healthcare and Family Services.
17 (3) One representative of the Department of Human
18 Services, appointed by the Secretary of Human Services.
19 (4) One individual representing a care coordination
20 unit, appointed by the Director of Aging.
21 (5) One individual from a non-governmental statewide
22 organization that advocates for seniors, appointed by the
23 Director of Aging.
24 (6) One individual representing Area Agencies on
25 Aging, appointed by the Director of Aging.
26 (7) One individual from a statewide association
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1 dedicated to Alzheimer's care, support, and research,
2 appointed by the Director of Aging.
3 (8) One individual from an organization that employs
4 persons who provide services under the Community Care
5 Program, appointed by the Director of Aging.
6 (9) One member of a trade or labor union representing
7 persons who provide services under the Community Care
8 Program, appointed by the Director of Aging.
9 (10) One member of the Senate, who shall serve as
10 co-chairperson, appointed by the President of the Senate.
11 (11) One member of the Senate, who shall serve as
12 co-chairperson, appointed by the Minority Leader of the
13 Senate.
14 (12) One member of the House of Representatives, who
15 shall serve as co-chairperson, appointed by the Speaker of
16 the House of Representatives.
17 (13) One member of the House of Representatives, who
18 shall serve as co-chairperson, appointed by the Minority
19 Leader of the House of Representatives.
20 (14) One individual appointed by a labor organization
21 representing frontline employees at the Department of
22 Human Services.
23 The Subcommittee shall provide oversight to the Community
24 Care Program Medicaid Initiative and shall meet quarterly. At
25 each Subcommittee meeting the Department on Aging shall
26 provide the following data sets to the Subcommittee: (A) the
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1 number of Illinois residents, categorized by planning and
2 service area, who are receiving services under the Community
3 Care Program and are enrolled in the State's Medical
4 Assistance Program; (B) the number of Illinois residents,
5 categorized by planning and service area, who are receiving
6 services under the Community Care Program, but are not
7 enrolled in the State's Medical Assistance Program; and (C)
8 the number of Illinois residents, categorized by planning and
9 service area, who are receiving services under the Community
10 Care Program and are eligible for benefits under the State's
11 Medical Assistance Program, but are not enrolled in the
12 State's Medical Assistance Program. In addition to this data,
13 the Department on Aging shall provide the Subcommittee with
14 plans on how the Department on Aging will reduce the number of
15 Illinois residents who are not enrolled in the State's Medical
16 Assistance Program but who are eligible for medical assistance
17 benefits. The Department on Aging shall enroll in the State's
18 Medical Assistance Program those Illinois residents who
19 receive services under the Community Care Program and are
20 eligible for medical assistance benefits but are not enrolled
21 in the State's Medicaid Assistance Program. The data provided
22 to the Subcommittee shall be made available to the public via
23 the Department on Aging's website.
24 The Department on Aging, with the involvement of the
25 Subcommittee, shall collaborate with the Department of Human
26 Services and the Department of Healthcare and Family Services
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1 on how best to achieve the responsibilities of the Community
2 Care Program Medicaid Initiative.
3 The Department on Aging, the Department of Human Services,
4 and the Department of Healthcare and Family Services shall
5 coordinate and implement a streamlined process for seniors to
6 access benefits under the State's Medical Assistance Program.
7 The Subcommittee shall collaborate with the Department of
8 Human Services on the adoption of a uniform application
9 submission process. The Department of Human Services and any
10 other State agency involved with processing the medical
11 assistance application of any person enrolled in the Community
12 Care Program shall include the appropriate care coordination
13 unit in all communications related to the determination or
14 status of the application.
15 The Community Care Program Medicaid Initiative shall
16 provide targeted funding to care coordination units to help
17 seniors complete their applications for medical assistance
18 benefits. On and after July 1, 2019, care coordination units
19 shall receive no less than $200 per completed application,
20 which rate may be included in a bundled rate for initial intake
21 services when Medicaid application assistance is provided in
22 conjunction with the initial intake process for new program
23 participants.
24 The Community Care Program Medicaid Initiative shall cease
25 operation 5 years after June 4, 2018 (the effective date of
26 Public Act 100-587), after which the Subcommittee shall
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1 dissolve.
2 Effective July 1, 2023, subject to federal approval, the
3 Department on Aging shall reimburse Care Coordination Units at
4 the following rates for case management services: $252.40 for
5 each initial assessment; $366.40 for each initial assessment
6 with translation; $229.68 for each redetermination assessment;
7 $313.68 for each redetermination assessment with translation;
8 $200.00 for each completed application for medical assistance
9 benefits; $132.26 for each face-to-face, choices-for-care
10 screening; $168.26 for each face-to-face, choices-for-care
11 screening with translation; $124.56 for each 6-month,
12 face-to-face visit; $132.00 for each MCO participant
13 eligibility determination; and $157.00 for each MCO
14 participant eligibility determination with translation.
15 (Source: P.A. 102-1071, eff. 6-10-22; 103-8, eff. 6-7-23;
16 103-102, Article 45, Section 45-5, eff. 1-1-24; 103-102,
17 Article 85, Section 85-5, eff. 1-1-24; 103-102, Article 90,
18 Section 90-5, eff. 1-1-24; 103-588, eff. 6-5-24; 103-605, eff.
19 7-1-24; 103-670, eff. 1-1-25; revised 11-26-24.)
20 Section 10-25. The Juvenile Court Act of 1987 is amended
21 by changing Section 2-28 as follows:
22 (705 ILCS 405/2-28)
23 Sec. 2-28. Court review.
24 (1) The court may require any legal custodian or guardian
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1 of the person appointed under this Act to report periodically
2 to the court or may cite the legal custodian or guardian into
3 court and require the legal custodian, guardian, or the legal
4 custodian's or guardian's agency to make a full and accurate
5 report of the doings of the legal custodian, guardian, or
6 agency on behalf of the minor. The custodian or guardian,
7 within 10 days after such citation, or earlier if the court
8 determines it to be necessary to protect the health, safety,
9 or welfare of the minor, shall make the report, either in
10 writing verified by affidavit or orally under oath in open
11 court, or otherwise as the court directs. Upon the hearing of
12 the report the court may remove the custodian or guardian and
13 appoint another in the custodian's or guardian's stead or
14 restore the minor to the custody of the minor's parents or
15 former guardian or custodian. However, custody of the minor
16 shall not be restored to any parent, guardian, or legal
17 custodian in any case in which the minor is found to be
18 neglected or abused under Section 2-3 or dependent under
19 Section 2-4 of this Act, unless the minor can be cared for at
20 home without endangering the minor's health or safety and it
21 is in the best interests of the minor, and if such neglect,
22 abuse, or dependency is found by the court under paragraph (1)
23 of Section 2-21 of this Act to have come about due to the acts
24 or omissions or both of such parent, guardian, or legal
25 custodian, until such time as an investigation is made as
26 provided in paragraph (5) and a hearing is held on the issue of
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1 the fitness of such parent, guardian, or legal custodian to
2 care for the minor and the court enters an order that such
3 parent, guardian, or legal custodian is fit to care for the
4 minor.
5 (1.5) The public agency that is the custodian or guardian
6 of the minor shall file a written report with the court no
7 later than 15 days after a minor in the agency's care remains:
8 (1) in a shelter placement beyond 30 days;
9 (2) in a psychiatric hospital past the time when the
10 minor is clinically ready for discharge or beyond medical
11 necessity for the minor's health; or
12 (3) in a detention center or Department of Juvenile
13 Justice facility solely because the public agency cannot
14 find an appropriate placement for the minor.
15 The report shall explain the steps the agency is taking to
16 ensure the minor is placed appropriately, how the minor's
17 needs are being met in the minor's shelter placement, and if a
18 future placement has been identified by the Department, why
19 the anticipated placement is appropriate for the needs of the
20 minor and the anticipated placement date.
21 (1.6) Within 30 days after placing a child in its care in a
22 qualified residential treatment program, as defined by the
23 federal Social Security Act, the Department of Children and
24 Family Services shall prepare a written report for filing with
25 the court and send copies of the report to all parties. Within
26 20 days of the filing of the report, or as soon thereafter as
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1 the court's schedule allows but not more than 60 days from the
2 date of placement, the court shall hold a hearing to consider
3 the Department's report and determine whether placement of the
4 child in a qualified residential treatment program provides
5 the most effective and appropriate level of care for the child
6 in the least restrictive environment and if the placement is
7 consistent with the short-term and long-term goals for the
8 child, as specified in the permanency plan for the child. The
9 court shall approve or disapprove the placement. If
10 applicable, the requirements of Sections 2-27.1 and 2-27.2
11 must also be met. The Department's written report and the
12 court's written determination shall be included in and made
13 part of the case plan for the child. If the child remains
14 placed in a qualified residential treatment program, the
15 Department shall submit evidence at each status and permanency
16 hearing:
17 (A) demonstrating that on-going assessment of the
18 strengths and needs of the child continues to support the
19 determination that the child's needs cannot be met through
20 placement in a foster family home, that the placement
21 provides the most effective and appropriate level of care
22 for the child in the least restrictive, appropriate
23 environment, and that the placement is consistent with the
24 short-term and long-term permanency goal for the child, as
25 specified in the permanency plan for the child;
26 (B) documenting the specific treatment or service
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1 needs that should be met for the child in the placement and
2 the length of time the child is expected to need the
3 treatment or services;
4 (C) the efforts made by the agency to prepare the
5 child to return home or to be placed with a fit and willing
6 relative, a legal guardian, or an adoptive parent, or in a
7 foster family home; and
8 (D) beginning July 1, 2025, documenting the
9 Department's efforts regarding ongoing family finding and
10 relative engagement required under Section 2-27.3.
11 (2) The first permanency hearing shall be conducted by the
12 judge. Subsequent permanency hearings may be heard by a judge
13 or by hearing officers appointed or approved by the court in
14 the manner set forth in Section 2-28.1 of this Act. The initial
15 hearing shall be held (a) within 12 months from the date
16 temporary custody was taken, regardless of whether an
17 adjudication or dispositional hearing has been completed
18 within that time frame, (b) if the parental rights of both
19 parents have been terminated in accordance with the procedure
20 described in subsection (5) of Section 2-21, within 30 days of
21 the order for termination of parental rights and appointment
22 of a guardian with power to consent to adoption, or (c) in
23 accordance with subsection (2) of Section 2-13.1. Subsequent
24 permanency hearings shall be held every 6 months or more
25 frequently if necessary in the court's determination following
26 the initial permanency hearing, in accordance with the
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1 standards set forth in this Section, until the court
2 determines that the plan and goal have been achieved. Once the
3 plan and goal have been achieved, if the minor remains in
4 substitute care, the case shall be reviewed at least every 6
5 months thereafter, subject to the provisions of this Section,
6 unless the minor is placed in the guardianship of a suitable
7 relative or other person and the court determines that further
8 monitoring by the court does not further the health, safety,
9 or best interest of the child and that this is a stable
10 permanent placement. The permanency hearings must occur within
11 the time frames set forth in this subsection and may not be
12 delayed in anticipation of a report from any source or due to
13 the agency's failure to timely file its written report (this
14 written report means the one required under the next paragraph
15 and does not mean the service plan also referred to in that
16 paragraph).
17 The public agency that is the custodian or guardian of the
18 minor, or another agency responsible for the minor's care,
19 shall ensure that all parties to the permanency hearings are
20 provided a copy of the most recent service plan prepared
21 within the prior 6 months at least 14 days in advance of the
22 hearing. If not contained in the agency's service plan, the
23 agency shall also include a report setting forth the
24 following:
25 (A) any special physical, psychological, educational,
26 medical, emotional, or other needs of the minor or the
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1 minor's family that are relevant to a permanency or
2 placement determination, and for any minor age 16 or over,
3 a written description of the programs and services that
4 will enable the minor to prepare for independent living;
5 (B) beginning July 1, 2025, a written description of
6 ongoing family finding and relative engagement efforts in
7 accordance with the requirements under Section 2-27.3 the
8 agency has undertaken since the most recent report to the
9 court to plan for the emotional and legal permanency of
10 the minor;
11 (C) whether a minor is placed in a licensed child care
12 facility under a corrective plan by the Department due to
13 concerns impacting the minor's safety and well-being. The
14 report shall explain the steps the Department is taking to
15 ensure the safety and well-being of the minor and that the
16 minor's needs are met in the facility;
17 (D) detail regarding what progress or lack of progress
18 the parent has made in correcting the conditions requiring
19 the child to be in care; whether the child can be returned
20 home without jeopardizing the child's health, safety, and
21 welfare, what permanency goal is recommended to be in the
22 best interests of the child, and the reasons for the
23 recommendation. If a permanency goal under paragraph (A),
24 (B), or (B-1) of subsection (2.3) have been deemed
25 inappropriate and not in the minor's best interest, the
26 report must include the following information:
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1 (i) confirmation that the caseworker has discussed
2 the permanency options and subsidies available for
3 guardianship and adoption with the minor's caregivers,
4 the minor's parents, as appropriate, and has discussed
5 the available permanency options with the minor in an
6 age-appropriate manner;
7 (ii) confirmation that the caseworker has
8 discussed with the minor's caregivers, the minor's
9 parents, as appropriate, and the minor as
10 age-appropriate, the distinctions between guardianship
11 and adoption, including, but not limited to, that
12 guardianship does not require termination of the
13 parent's rights or the consent of the parent;
14 (iii) a description of the stated preferences and
15 concerns, if any, the minor, the parent as
16 appropriate, and the caregiver expressed relating to
17 the options of guardianship and adoption, and the
18 reasons for the preferences;
19 (iv) if the minor is not currently in a placement
20 that will provide permanency, identification of all
21 persons presently willing and able to provide
22 permanency to the minor through either guardianship or
23 adoption, and beginning July 1, 2025, if none are
24 available, a description of the efforts made in
25 accordance with Section 2-27.3; and
26 (v) state the recommended permanency goal, why
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1 that goal is recommended, and why the other potential
2 goals were not recommended.
3 The caseworker must appear and testify at the permanency
4 hearing. If a permanency hearing has not previously been
5 scheduled by the court, the moving party shall move for the
6 setting of a permanency hearing and the entry of an order
7 within the time frames set forth in this subsection.
8 (2.3) At the permanency hearing, the court shall determine
9 the permanency goal of the child. The court shall set one of
10 the following permanency goals:
11 (A) The minor will be returned home by a specific date
12 within 5 months.
13 (B) The minor will be in short-term care with a
14 continued goal to return home within a period not to
15 exceed one year, where the progress of the parent or
16 parents is substantial giving particular consideration to
17 the age and individual needs of the minor.
18 (B-1) The minor will be in short-term care with a
19 continued goal to return home pending a status hearing.
20 When the court finds that a parent has not made reasonable
21 efforts or reasonable progress to date, the court shall
22 identify what actions the parent and the Department must
23 take in order to justify a finding of reasonable efforts
24 or reasonable progress and shall set a status hearing to
25 be held not earlier than 9 months from the date of
26 adjudication nor later than 11 months from the date of
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1 adjudication during which the parent's progress will again
2 be reviewed.
3 If the court has determined that goals (A), (B), and
4 (B-1) are not appropriate and not in the minor's best
5 interest, the court may select one of the following goals:
6 (C), (D), (E), (F), or (G), or (H) for the minor as
7 appropriate and based on the best interests of the minor.
8 The court shall determine the appropriate goal for the
9 minor based on best interest factors and any
10 considerations outlined in that goal.
11 (C) The guardianship of the minor shall be transferred
12 to an individual or couple on a permanent basis. Prior to
13 changing the goal to guardianship, the court shall
14 consider the following:
15 (i) whether the agency has discussed adoption and
16 guardianship with the caregiver and what preference,
17 if any, the caregiver has as to the permanency goal;
18 (ii) whether the agency has discussed adoption and
19 guardianship with the minor, as age-appropriate, and
20 what preference, if any, the minor has as to the
21 permanency goal;
22 (iii) whether the minor is of sufficient age to
23 remember the minor's parents and if the child values
24 this familial identity;
25 (iv) whether the minor is placed with a relative,
26 and beginning July 1, 2025, whether the minor is
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1 placed in a relative home as defined in Section 4d of
2 the Children and Family Services Act or in a certified
3 relative caregiver home as defined in Section 2.36 of
4 the Child Care Act of 1969; and
5 (v) whether the parent or parents have been
6 informed about guardianship and adoption, and, if
7 appropriate, what preferences, if any, the parent or
8 parents have as to the permanency goal.
9 (D) The minor will be in substitute care pending court
10 determination on termination of parental rights. Prior to
11 changing the goal to substitute care pending court
12 determination on termination of parental rights, the court
13 shall consider the following:
14 (i) whether the agency has discussed adoption and
15 guardianship with the caregiver and what preference,
16 if any, the caregiver has as to the permanency goal;
17 (ii) whether the agency has discussed adoption and
18 guardianship with the minor, as age-appropriate, and
19 what preference, if any, the minor has as to the
20 permanency goal;
21 (iii) whether the minor is of sufficient age to
22 remember the minor's parents and if the child values
23 this familial identity;
24 (iv) whether the minor is placed with a relative,
25 and beginning July 1, 2025, whether the minor is
26 placed in a relative home as defined in Section 4d of
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1 the Children and Family Services Act, in a certified
2 relative caregiver home as defined in Section 2.36 of
3 the Child Care Act of 1969;
4 (v) whether the minor is already placed in a
5 pre-adoptive home, and if not, whether such a home has
6 been identified; and
7 (vi) whether the parent or parents have been
8 informed about guardianship and adoption, and, if
9 appropriate, what preferences, if any, the parent or
10 parents have as to the permanency goal.
11 (E) Adoption, provided that parental rights have been
12 terminated or relinquished.
13 (F) Provided that permanency goals (A) through (E)
14 have been deemed inappropriate and not in the minor's best
15 interests, the minor over age 15 will be in substitute
16 care pending independence. In selecting this permanency
17 goal, the Department of Children and Family Services may
18 provide services to enable reunification and to strengthen
19 the minor's connections with family, fictive kin, and
20 other responsible adults, provided the services are in the
21 minor's best interest. The services shall be documented in
22 the service plan.
23 (G) The minor will be in substitute care because the
24 minor cannot be provided for in a home environment due to
25 developmental disabilities or mental illness or because
26 the minor is a danger to self or others, provided that
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1 goals (A) through (E) have been deemed inappropriate and
2 not in the child's best interests.
3 In selecting any permanency goal, the court shall indicate
4 in writing the reasons the goal was selected and why the
5 preceding goals were deemed inappropriate and not in the
6 child's best interest. Where the court has selected a
7 permanency goal other than (A), (B), or (B-1), the Department
8 of Children and Family Services shall not provide further
9 reunification services, except as provided in paragraph (F) of
10 this subsection (2.3), but shall provide services consistent
11 with the goal selected.
12 (H) Notwithstanding any other provision in this
13 Section, the court may select the goal of continuing
14 foster care as a permanency goal if:
15 (1) The Department of Children and Family Services
16 has custody and guardianship of the minor;
17 (2) The court has deemed all other permanency
18 goals inappropriate based on the child's best
19 interest;
20 (3) The court has found compelling reasons, based
21 on written documentation reviewed by the court, to
22 place the minor in continuing foster care. Compelling
23 reasons include:
24 (a) the child does not wish to be adopted or to
25 be placed in the guardianship of the minor's
26 relative, certified relative caregiver, or foster
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1 care placement;
2 (b) the child exhibits an extreme level of
3 need such that the removal of the child from the
4 minor's placement would be detrimental to the
5 child; or
6 (c) the child who is the subject of the
7 permanency hearing has existing close and strong
8 bonds with a sibling, and achievement of another
9 permanency goal would substantially interfere with
10 the subject child's sibling relationship, taking
11 into consideration the nature and extent of the
12 relationship, and whether ongoing contact is in
13 the subject child's best interest, including
14 long-term emotional interest, as compared with the
15 legal and emotional benefit of permanence;
16 (4) The child has lived with the relative,
17 certified relative caregiver, or foster parent for at
18 least one year; and
19 (5) The relative, certified relative caregiver, or
20 foster parent currently caring for the child is
21 willing and capable of providing the child with a
22 stable and permanent environment.
23 (2.4) The court shall set a permanency goal that is in the
24 best interest of the child. In determining that goal, the
25 court shall consult with the minor in an age-appropriate
26 manner regarding the proposed permanency or transition plan
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1 for the minor. The court's determination shall include the
2 following factors:
3 (A) Age of the child.
4 (B) Options available for permanence, including both
5 out-of-state and in-state placement options.
6 (C) Current placement of the child and the intent of
7 the family regarding subsidized guardianship and adoption.
8 (D) Emotional, physical, and mental status or
9 condition of the child.
10 (E) Types of services previously offered and whether
11 or not the services were successful and, if not
12 successful, the reasons the services failed.
13 (F) Availability of services currently needed and
14 whether the services exist.
15 (G) Status of siblings of the minor.
16 (H) If the minor is not currently in a placement
17 likely to achieve permanency, whether there is an
18 identified and willing potential permanent caregiver for
19 the minor, and if so, that potential permanent caregiver's
20 intent regarding guardianship and adoption.
21 The court shall consider (i) the permanency goal contained
22 in the service plan, (ii) the appropriateness of the services
23 contained in the plan and whether those services have been
24 provided, (iii) whether reasonable efforts have been made by
25 all the parties to the service plan to achieve the goal, and
26 (iv) whether the plan and goal have been achieved. All
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1 evidence relevant to determining these questions, including
2 oral and written reports, may be admitted and may be relied on
3 to the extent of their probative value.
4 The court shall make findings as to whether, in violation
5 of Section 8.2 of the Abused and Neglected Child Reporting
6 Act, any portion of the service plan compels a child or parent
7 to engage in any activity or refrain from any activity that is
8 not reasonably related to remedying a condition or conditions
9 that gave rise or which could give rise to any finding of child
10 abuse or neglect. The services contained in the service plan
11 shall include services reasonably related to remedy the
12 conditions that gave rise to removal of the child from the home
13 of the child's parents, guardian, or legal custodian or that
14 the court has found must be remedied prior to returning the
15 child home. Any tasks the court requires of the parents,
16 guardian, or legal custodian or child prior to returning the
17 child home must be reasonably related to remedying a condition
18 or conditions that gave rise to or which could give rise to any
19 finding of child abuse or neglect.
20 If the permanency goal is to return home, the court shall
21 make findings that identify any problems that are causing
22 continued placement of the children away from the home and
23 identify what outcomes would be considered a resolution to
24 these problems. The court shall explain to the parents that
25 these findings are based on the information that the court has
26 at that time and may be revised, should additional evidence be
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1 presented to the court.
2 The court shall review the Sibling Contact Support Plan
3 developed or modified under subsection (f) of Section 7.4 of
4 the Children and Family Services Act, if applicable. If the
5 Department has not convened a meeting to develop or modify a
6 Sibling Contact Support Plan, or if the court finds that the
7 existing Plan is not in the child's best interest, the court
8 may enter an order requiring the Department to develop,
9 modify, or implement a Sibling Contact Support Plan, or order
10 mediation.
11 Beginning July 1, 2025, the court shall review the Ongoing
12 Family Finding and Relative Engagement Plan required under
13 Section 2-27.3. If the court finds that the plan is not in the
14 minor's best interest, the court shall enter specific factual
15 findings and order the Department to modify the plan
16 consistent with the court's findings.
17 If the goal has been achieved, the court shall enter
18 orders that are necessary to conform the minor's legal custody
19 and status to those findings.
20 If, after receiving evidence, the court determines that
21 the services contained in the plan are not reasonably
22 calculated to facilitate achievement of the permanency goal,
23 the court shall put in writing the factual basis supporting
24 the determination and enter specific findings based on the
25 evidence. The court also shall enter an order for the
26 Department to develop and implement a new service plan or to
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1 implement changes to the current service plan consistent with
2 the court's findings. The new service plan shall be filed with
3 the court and served on all parties within 45 days of the date
4 of the order. The court shall continue the matter until the new
5 service plan is filed. Except as authorized by subsection
6 (2.5) of this Section and as otherwise specifically authorized
7 by law, the court is not empowered under this Section to order
8 specific placements, specific services, or specific service
9 providers to be included in the service plan.
10 A guardian or custodian appointed by the court pursuant to
11 this Act shall file updated case plans with the court every 6
12 months.
13 Rights of wards of the court under this Act are
14 enforceable against any public agency by complaints for relief
15 by mandamus filed in any proceedings brought under this Act.
16 (2.5) If, after reviewing the evidence, including evidence
17 from the Department, the court determines that the minor's
18 current or planned placement is not necessary or appropriate
19 to facilitate achievement of the permanency goal, the court
20 shall put in writing the factual basis supporting its
21 determination and enter specific findings based on the
22 evidence. If the court finds that the minor's current or
23 planned placement is not necessary or appropriate, the court
24 may enter an order directing the Department to implement a
25 recommendation by the minor's treating clinician or a
26 clinician contracted by the Department to evaluate the minor
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1 or a recommendation made by the Department. If the Department
2 places a minor in a placement under an order entered under this
3 subsection (2.5), the Department has the authority to remove
4 the minor from that placement when a change in circumstances
5 necessitates the removal to protect the minor's health,
6 safety, and best interest. If the Department determines
7 removal is necessary, the Department shall notify the parties
8 of the planned placement change in writing no later than 10
9 days prior to the implementation of its determination unless
10 remaining in the placement poses an imminent risk of harm to
11 the minor, in which case the Department shall notify the
12 parties of the placement change in writing immediately
13 following the implementation of its decision. The Department
14 shall notify others of the decision to change the minor's
15 placement as required by Department rule.
16 (3) Following the permanency hearing, the court shall
17 enter a written order that includes the determinations
18 required under subsections (2) and (2.3) of this Section and
19 sets forth the following:
20 (a) The future status of the minor, including the
21 permanency goal, and any order necessary to conform the
22 minor's legal custody and status to such determination; or
23 (b) If the permanency goal of the minor cannot be
24 achieved immediately, the specific reasons for continuing
25 the minor in the care of the Department of Children and
26 Family Services or other agency for short-term placement,
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1 and the following determinations:
2 (i) (Blank).
3 (ii) Whether the services required by the court
4 and by any service plan prepared within the prior 6
5 months have been provided and (A) if so, whether the
6 services were reasonably calculated to facilitate the
7 achievement of the permanency goal or (B) if not
8 provided, why the services were not provided.
9 (iii) Whether the minor's current or planned
10 placement is necessary, and appropriate to the plan
11 and goal, recognizing the right of minors to the least
12 restrictive (most family-like) setting available and
13 in close proximity to the parents' home consistent
14 with the health, safety, best interest, and special
15 needs of the minor and, if the minor is placed
16 out-of-state, whether the out-of-state placement
17 continues to be appropriate and consistent with the
18 health, safety, and best interest of the minor.
19 (iv) (Blank).
20 (v) (Blank).
21 (4) The minor or any person interested in the minor may
22 apply to the court for a change in custody of the minor and the
23 appointment of a new custodian or guardian of the person or for
24 the restoration of the minor to the custody of the minor's
25 parents or former guardian or custodian.
26 When return home is not selected as the permanency goal:
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1 (a) The Department, the minor, or the current foster
2 parent or relative caregiver seeking private guardianship
3 may file a motion for private guardianship of the minor.
4 Appointment of a guardian under this Section requires
5 approval of the court.
6 (b) The State's Attorney may file a motion to
7 terminate parental rights of any parent who has failed to
8 make reasonable efforts to correct the conditions which
9 led to the removal of the child or reasonable progress
10 toward the return of the child, as defined in subdivision
11 (D)(m) of Section 1 of the Adoption Act or for whom any
12 other unfitness ground for terminating parental rights as
13 defined in subdivision (D) of Section 1 of the Adoption
14 Act exists.
15 When parental rights have been terminated for a
16 minimum of 3 years and the child who is the subject of the
17 permanency hearing is 13 years old or older and is not
18 currently placed in a placement likely to achieve
19 permanency, the Department of Children and Family Services
20 shall make reasonable efforts to locate parents whose
21 rights have been terminated, except when the Court
22 determines that those efforts would be futile or
23 inconsistent with the subject child's best interests. The
24 Department of Children and Family Services shall assess
25 the appropriateness of the parent whose rights have been
26 terminated, and shall, as appropriate, foster and support
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1 connections between the parent whose rights have been
2 terminated and the youth. The Department of Children and
3 Family Services shall document its determinations and
4 efforts to foster connections in the child's case plan.
5 Custody of the minor shall not be restored to any parent,
6 guardian, or legal custodian in any case in which the minor is
7 found to be neglected or abused under Section 2-3 or dependent
8 under Section 2-4 of this Act, unless the minor can be cared
9 for at home without endangering the minor's health or safety
10 and it is in the best interest of the minor, and if such
11 neglect, abuse, or dependency is found by the court under
12 paragraph (1) of Section 2-21 of this Act to have come about
13 due to the acts or omissions or both of such parent, guardian,
14 or legal custodian, until such time as an investigation is
15 made as provided in paragraph (5) and a hearing is held on the
16 issue of the health, safety, and best interest of the minor and
17 the fitness of such parent, guardian, or legal custodian to
18 care for the minor and the court enters an order that such
19 parent, guardian, or legal custodian is fit to care for the
20 minor. If a motion is filed to modify or vacate a private
21 guardianship order and return the child to a parent, guardian,
22 or legal custodian, the court may order the Department of
23 Children and Family Services to assess the minor's current and
24 proposed living arrangements and to provide ongoing monitoring
25 of the health, safety, and best interest of the minor during
26 the pendency of the motion to assist the court in making that
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1 determination. In the event that the minor has attained 18
2 years of age and the guardian or custodian petitions the court
3 for an order terminating the minor's guardianship or custody,
4 guardianship or custody shall terminate automatically 30 days
5 after the receipt of the petition unless the court orders
6 otherwise. No legal custodian or guardian of the person may be
7 removed without the legal custodian's or guardian's consent
8 until given notice and an opportunity to be heard by the court.
9 When the court orders a child restored to the custody of
10 the parent or parents, the court shall order the parent or
11 parents to cooperate with the Department of Children and
12 Family Services and comply with the terms of an after-care
13 plan, or risk the loss of custody of the child and possible
14 termination of their parental rights. The court may also enter
15 an order of protective supervision in accordance with Section
16 2-24.
17 If the minor is being restored to the custody of a parent,
18 legal custodian, or guardian who lives outside of Illinois,
19 and an Interstate Compact has been requested and refused, the
20 court may order the Department of Children and Family Services
21 to arrange for an assessment of the minor's proposed living
22 arrangement and for ongoing monitoring of the health, safety,
23 and best interest of the minor and compliance with any order of
24 protective supervision entered in accordance with Section
25 2-24.
26 (5) Whenever a parent, guardian, or legal custodian files
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1 a motion for restoration of custody of the minor, and the minor
2 was adjudicated neglected, abused, or dependent as a result of
3 physical abuse, the court shall cause to be made an
4 investigation as to whether the movant has ever been charged
5 with or convicted of any criminal offense which would indicate
6 the likelihood of any further physical abuse to the minor.
7 Evidence of such criminal convictions shall be taken into
8 account in determining whether the minor can be cared for at
9 home without endangering the minor's health or safety and
10 fitness of the parent, guardian, or legal custodian.
11 (a) Any agency of this State or any subdivision
12 thereof shall cooperate with the agent of the court in
13 providing any information sought in the investigation.
14 (b) The information derived from the investigation and
15 any conclusions or recommendations derived from the
16 information shall be provided to the parent, guardian, or
17 legal custodian seeking restoration of custody prior to
18 the hearing on fitness and the movant shall have an
19 opportunity at the hearing to refute the information or
20 contest its significance.
21 (c) All information obtained from any investigation
22 shall be confidential as provided in Section 5-150 of this
23 Act.
24 (Source: P.A. 102-193, eff. 7-30-21; 102-489, eff. 8-20-21;
25 102-813, eff. 5-13-22; 103-22, eff. 8-8-23; 103-154, eff.
26 6-30-23; 103-171, eff. 1-1-24; 103-605, eff. 7-1-24; 103-1061,
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1 eff. 2-5-25.)
2 Article 11.
3 Section 11-1. The Illinois Emergency Management Agency Act
4 is amended by changing Section 17.8 as follows:
5 (20 ILCS 3305/17.8)
6 Sec. 17.8. IEMA State Projects Fund. The IEMA State
7 Projects Fund is created as a trust fund in the State treasury.
8 The Fund shall consist of any moneys appropriated to the
9 Agency for purposes of the Illinois' Not-For-Profit Security
10 Grant Program, a grant program authorized by subsection (g-5)
11 of Section 5 of this Act, to provide funding support for target
12 hardening activities and other physical security enhancements
13 for qualifying not-for-profit organizations that are at high
14 risk of terrorist attack. The Agency is authorized to use
15 moneys appropriated from the Fund to make grants to
16 not-for-profit organizations, including those that provide
17 medical or behavioral health services, for target hardening
18 activities, security personnel, and physical security
19 enhancements and for the payment of administrative expenses
20 associated with the Not-For-Profit Security Grant Program,
21 except that, beginning July 1, 2024, the Agency shall not
22 award grants under this Section to those entities whose
23 primary purpose is to provide reproductive or maternal health
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1 care and reproductive or maternal health counseling services
2 medical or mental health services. As used in this Section,
3 "target hardening activities" include, but are not limited to,
4 the purchase and installation of security equipment on real
5 property owned or leased by the not-for-profit organization.
6 Grants, gifts, and moneys from any other source, public or
7 private, may also be deposited into the Fund and used for the
8 purposes authorized by this Act.
9 (Source: P.A. 103-8, eff. 6-7-23; 103-588, eff. 6-5-24.)
10 Article 12.
11 Section 12-5. The Illinois Administrative Procedure Act is
12 amended by adding Section 5-45.63 as follows:
13 (5 ILCS 100/5-45.63 new)
14 Sec. 5-45.63. Emergency rulemaking; Developmental
15 Disability and Mental Disability Services Act. To provide for
16 the expeditious and timely implementation of the changes made
17 to Section 2-6 of the Developmental Disability and Mental
18 Disability Services Act by this amendatory Act of the 104th
19 General Assembly, emergency rules implementing the changes
20 made to that Section by this amendatory Act of the 104th
21 General Assembly may be adopted in accordance with Section
22 5-45 by the Department of Human Services or any other agency
23 essential to the implementation of the changes. The adoption
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1 of emergency rules authorized by Section 5-45 and this Section
2 is deemed to be necessary for the public interest, safety, and
3 welfare.
4 This Section is repealed one year after the effective date
5 of this Section.
6 Section 12-10. The Developmental Disability and Mental
7 Disability Services Act is amended by changing Section 2-6 as
8 follows:
9 (405 ILCS 80/2-6) (from Ch. 91 1/2, par. 1802-6)
10 Sec. 2-6. An application for the Program shall be
11 submitted to the Department by the adult with a mental
12 disability or, if the adult with a mental disability requires
13 a guardian, by his or her legal guardian. If the application
14 for participation in the Program is approved by the Department
15 and the adult with a mental disability is eligible to receive
16 services under this Article, the adult with a mental
17 disability shall be made aware of the availability of a
18 community support team and shall be offered case management
19 services. The amount of the home-based services provided by
20 the Department in any month shall be determined by the service
21 plan of the adult with a mental disability, but in no case
22 shall it be more than either:
23 (a) 1.05 times 300% three hundred percent of the
24 monthly federal Supplemental Security Income payment for
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1 an individual residing alone if the adult with a mental
2 disability is not enrolled in a special education program
3 by a local education agency, or
4 (b) 1.05 times 200% two hundred percent of the monthly
5 Supplemental Security Income payment for an individual
6 residing alone if the adult with a mental disability is
7 enrolled in a special education program by a local
8 education agency.
9 Upon approval of the Department, all or part of the
10 monthly amount approved for home-based services to
11 participating adults may be used as a one-time or continuing
12 payment to the eligible adult or the adult's parent or
13 guardian to pay for specified tangible items that are directly
14 related to meeting basic needs related to the person's mental
15 disabilities.
16 Tangible items include, but are not limited to: adaptive
17 equipment, medication not covered by third-party payments,
18 nutritional supplements, and residential modifications.
19 (Source: P.A. 99-143, eff. 7-27-15.)
20 Article 15.
21 Section 15-5. The Child Care Act of 1969 is amended by
22 changing Section 3.4 as follows:
23 (225 ILCS 10/3.4)
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1 (This Section may contain text from a Public Act with a
2 delayed effective date)
3 Sec. 3.4. Standards for certified relative caregiver
4 homes.
5 (a) No later than July 1, 2025, the Department shall adopt
6 rules outlining the standards for certified relative caregiver
7 homes, which are reasonably in accordance with the national
8 consortium recommendations and federal law and rules, and
9 consistent with the requirements of this Act. The standards
10 for certified relative caregiver homes shall: (i) be different
11 from licensing standards used for non-relative foster family
12 homes under Section 4; (ii) align with the recommendation of
13 the U.S. Department of Health and Human Services'
14 Administration for Children and Families for implementation of
15 Section 471(a)(10), 471(a)(11), and 471(a)(20) and Section 474
16 of Title IV-E of the Social Security Act; (iii) be no more
17 restrictive than, and reasonably in accordance with, national
18 consortium recommendations; and (iv) address background
19 screening for caregivers and other household residents and
20 assessing home safety and caregiver capacity to meet the
21 identified child's needs.
22 A guiding premise for certified relative caregiver home
23 standards is that foster care maintenance payments for every
24 relative, starting upon placement, regardless of federal
25 reimbursement, are critical to ensure that the basic needs and
26 well-being of all children in relative care are being met. If
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1 an agency places a child in the care of a relative, the
2 relative must immediately be provided with adequate support to
3 care for that child. The Department shall review foster care
4 maintenance payments to ensure that children receive the same
5 amount of foster care maintenance payments whether placed in a
6 certified relative caregiver home or a licensed foster family
7 home.
8 In developing rules, the Department shall solicit and
9 incorporate feedback from relative caregivers. No later than
10 60 days after the effective date of this amendatory Act of the
11 103rd General Assembly, the Department shall begin soliciting
12 input from relatives who are currently or have recently been
13 caregivers to youth in care to develop the rules and
14 procedures to implement the requirements of this Section. The
15 Department shall solicit this input in a manner convenient for
16 caregivers to participate, including without limitation,
17 in-person convenings at after hours and weekend venues,
18 locations that provide child care, and modalities that are
19 accessible and welcoming to new and experienced relative
20 caregivers from all regions of the State. The rules shall
21 outline the essential elements of each form used in the
22 implementation and enforcement of the provisions of this
23 amendatory Act of the 103rd General Assembly.
24 (b) In order to assess whether standards are met for a
25 certified relative caregiver home under this Section, the
26 Department or a licensed child welfare agency shall:
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1 (1) complete the home safety and needs assessment and
2 identify and provide any necessary concrete goods or
3 safety modifications to assist the prospective certified
4 relative caregiver in meeting the needs of the specific
5 child or children being placed by the Department, in a
6 manner consistent with Department rule;
7 (2) assess the ability of the prospective certified
8 relative caregiver to care for the physical, emotional,
9 medical, and educational needs of the specific child or
10 children being placed by the Department using the protocol
11 and form provided through national consortium
12 recommendations; and
13 (3) using the standard background check form
14 established by rule, complete a background check for each
15 person seeking certified relative caregiver approval and
16 any other adults living in the home as required under this
17 Section.
18 (c) The Department or a licensed child welfare agency
19 shall conduct the following background screening investigation
20 for every prospective certified relative caregiver and adult
21 resident living in the home:
22 (1) a name-based State, local, or tribal criminal
23 background check, and as soon as reasonably possible,
24 initiate a fingerprint-based background check;
25 (2) a review of this State's Central Registry and
26 registries of any state in which an adult household member
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1 has resided in the last 5 years, if applicable to
2 determine if the person has been determined to be a
3 perpetrator in an indicated report of child abuse or
4 neglect; and
5 (3) a review of the sex offender registry.
6 No home may be a certified relative caregiver home if any
7 prospective caregivers or adult residents in the home refuse
8 to authorize a background screening investigation as required
9 by this Section. Only information and standards that bear a
10 reasonable and rational relation to the caregiving capacity of
11 the certified relative caregiver and adult member of the
12 household and overall safety provided by residents of that
13 home shall be used by the Department or licensed child welfare
14 agency.
15 In approving a certified relative caregiver home in
16 accordance with this Section, if an adult has a criminal
17 record, the Department or licensed child welfare agency shall
18 thoroughly investigate and evaluate the criminal history of
19 the adult and, in so doing, include an assessment of the
20 adult's character and, in the case of the prospective
21 certified relative caregiver, the impact that the criminal
22 history has on the prospective certified relative caregiver's
23 ability to parent the child; the investigation should consider
24 the type of crime, the number of crimes, the nature of the
25 offense, the age of the person at the time of the crime, the
26 length of time that has elapsed since the last conviction, the
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1 relationship of the crime to the ability to care for children,
2 the role that adult will have with the child, and any evidence
3 of rehabilitation. In accordance with federal law, a home
4 shall not be approved if the record of the prospective
5 certified relative caregiver's background screening reveals:
6 (i) a felony conviction for child abuse or neglect, for
7 spousal abuse, for a crime against children crimes against a
8 child, including child pornography, or for a crime involving
9 violence, including of rape, sexual assault, or homicide, but
10 not including other physical assault or battery; or (ii) a
11 felony conviction in the last 5 years for physical assault,
12 battery, or a drug-related offense.
13 If the Department is contemplating denying approval of a
14 certified relative caregiver home, the Department shall
15 provide a written notice in the prospective certified relative
16 caregiver's primary language to each prospective certified
17 relative caregiver before the Department takes final action to
18 deny approval of the home. This written notice shall include
19 the specific reason or reasons the Department is considering
20 denial, list actions prospective certified relative caregivers
21 can take, if any, to remedy such conditions and the timeframes
22 in which such actions would need to be completed, explain
23 reasonable supports that the Department can provide to assist
24 the prospective certified relative caregivers in taking
25 remedial actions and how the prospective certified relative
26 caregivers can request such assistance, and provide the
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1 recourse prospective certified relative caregivers can seek to
2 resolve disputes about the Department's findings. The
3 Department shall provide prospective certified relative
4 caregivers reasonable opportunity pursuant to rulemaking to
5 cure any remediable deficiencies that the Department
6 identified before taking final action to deny approval of a
7 certified relative caregiver home.
8 If conditions have not been remedied after a reasonable
9 opportunity and assistance to cure identified deficiencies has
10 been provided, the Department shall provide a final written
11 notice explaining the reasons for denying the certified
12 relative caregiver home approval and the reconsideration
13 process to review the decision to deny certification. The
14 Department shall not prohibit a prospective certified relative
15 caregiver from being reconsidered for approval if the
16 prospective certified relative caregivers are able to
17 demonstrate a change in circumstances that improves deficient
18 conditions.
19 Documentation that a certified relative caregiver home
20 meets the required standards may be filed on behalf of such
21 homes by a licensed child welfare agency, by a State agency
22 authorized to place children in foster care, or by
23 out-of-state agencies approved by the Department to place
24 children in this State. For documentation on behalf of a home
25 in which specific children are placed by and remain under
26 supervision of the applicant agency, such agency shall
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1 document that the certified relative caregiver home,
2 responsible for the care of related specific children therein,
3 was found to be in reasonable compliance with standards
4 prescribed by the Department for certified relative caregiver
5 homes under this Section. Certification is applicable to one
6 or more related children and documentation for certification
7 shall indicate the specific child or children who would be
8 eligible for placement in this certified relative caregiver
9 home.
10 Information concerning criminal convictions of prospective
11 certified relative caregivers and adult residents of a
12 prospective certified relative caregiver home investigated
13 under this Section, including the source of the information,
14 State conviction information provided by the Illinois State
15 Police, and any conclusions or recommendations derived from
16 the information, shall be offered to the prospective certified
17 relative caregivers and adult residents of a prospective
18 certified relative caregiver home, and provided, upon request,
19 to such persons prior to final action by the Department in the
20 certified relative caregiver home approval process.
21 Any information concerning criminal charges or the
22 disposition of such criminal charges obtained by the
23 Department shall be confidential and may not be transmitted
24 outside the Department, except as required or permitted by
25 State or federal law, and may not be transmitted to anyone
26 within the Department except as needed for the purpose of
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1 evaluating standards for a certified relative caregiver home
2 or for evaluating the placement of a specific child in the
3 home. Information concerning a prospective certified relative
4 caregiver or an adult resident of a prospective certified
5 relative caregiver home obtained by the Department for the
6 purposes of this Section shall be confidential and exempt from
7 public inspection and copying as provided under Section 7 of
8 the Freedom of Information Act, and such information shall not
9 be transmitted outside the Department, except as required or
10 authorized by State or federal law, including applicable
11 provisions in the Abused and Neglected Child Reporting Act,
12 and shall not be transmitted to anyone within the Department
13 except as provided in the Abused and Neglected Child Reporting
14 Act, and shall not be transmitted to anyone within the
15 Department except as needed for the purposes of evaluating
16 homes. Any employee of the Department, the Illinois State
17 Police, or a licensed child welfare agency receiving
18 confidential information under this Section who gives or
19 causes to be given any confidential information concerning any
20 criminal convictions or child abuse or neglect reports
21 involving a prospective certified relative caregiver or an
22 adult resident of a prospective certified relative caregiver
23 home shall be guilty of a Class A misdemeanor unless release of
24 such information is authorized by this Section or Section 11.1
25 of the Abused and Neglected Child Reporting Act.
26 The Department shall permit, but shall not require, a
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1 prospective certified relative caregiver who does not yet have
2 eligible children placed by the Department in the relative's
3 home to commence the process to become a certified relative
4 caregiver home for a particular identified child under this
5 Section before a child is placed by the Department if the
6 prospective certified relative caregiver prefers to begin this
7 process in advance of the identified child being placed. No
8 later than July 1, 2025, the Department shall adopt rules
9 delineating the process for re-assessing a certified relative
10 caregiver home if the identified child is not placed in that
11 home within 6 months of the home becoming certified.
12 (d) The Department shall ensure that prospective certified
13 relative caregivers are provided with assistance in completing
14 the steps required for approval as a certified relative
15 caregiver home, including, but not limited to, the following
16 types of assistance:
17 (1) completing forms together with the relative or for
18 the relative, if possible;
19 (2) obtaining court records or dispositions related to
20 background checks;
21 (3) accessing translation services;
22 (4) using mobile fingerprinting devices in the home,
23 and if mobile devices are unavailable, providing
24 assistance scheduling appointments that are accessible and
25 available at times that fit the household members'
26 schedules, providing transportation and child care to
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1 allow the household members to complete fingerprinting
2 appointments, and contracting with community-based
3 fingerprinting locations that offer evening and weekend
4 appointments;
5 (5) reimbursement or advance payment for the
6 prospective certified relative caregiver to help with
7 reasonable home maintenance to resolve critical safety
8 issues in accordance with Department rulemaking; and
9 (6) purchasing required safety or comfort items such
10 as a car seat or mattress.
11 (e) Orientation provided to certified relative caregivers
12 shall include information regarding:
13 (1) caregivers' right to be heard in juvenile court
14 proceedings;
15 (2) the availability of the advocacy hotline and
16 Office of the Inspector General that caregivers may use to
17 report incidents of misconduct or violation of rules by
18 Department employees, service providers, or contractors;
19 (3) the Department's expectations for caregiving
20 obligations including, but not limited to, specific
21 requirements of court orders, critical incident
22 notifications and timeframes, supervision for the child's
23 age and needs, out-of-state travel, and consent
24 procedures;
25 (4) assistance available to the certified relative
26 caregivers, including child care, respite care,
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1 transportation assistance, case management, training and
2 support groups, kinship navigator services, financial
3 assistance, and after hours and weekend 24 hours, 7 days a
4 week emergency supports, and how to access such
5 assistance;
6 (5) reasonable and prudent parenting standards; and
7 (6) permanency options.
8 Orientation shall be provided in a setting and modality
9 convenient for the residents of the certified relative
10 caregiver home, which shall include the option for one-on-one
11 sessions at the residence, after business hours, and in the
12 primary language of the caregivers. Training opportunities
13 shall be offered to the residents of the certified relative
14 caregiver home, but shall not be a requirement that delays the
15 certified relative caregiver home approval process from being
16 completed.
17 The Department or licensed child welfare agency may
18 provide support groups and development opportunities for
19 certified relative caregivers, and take other steps to support
20 permanency, such as offering voluntary training, or concurrent
21 assessments of multiple prospective certified relative
22 caregivers to determine which may be best suited to provide
23 long-term permanency for a particular child. However, these
24 support groups and development opportunities shall not be
25 requirements for prospective certified relative caregiver
26 homes or delay immediate placement and support to a relative
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1 who satisfies the standards set forth in this Section.
2 (f) All child welfare agencies serving relative and
3 certified relative caregiver homes shall be required by the
4 Department to have complaint policies and procedures that
5 shall be provided in writing to prospective and current
6 certified relative caregivers and residents of prospective and
7 current certified relative caregiver homes, at the earliest
8 time possible. The complaint procedure shall allow residents
9 of prospective and current certified relative caregiver homes
10 to submit complaints 7 days a week and complaints shall be
11 reviewed by the Department within 30 days of receipt. These
12 complaint procedures must be filed with the Department within
13 6 months after the effective date of this amendatory of the
14 103rd General Assembly.
15 No later than July 1, 2025, the Department shall revise
16 any rules and procedures pertaining to eligibility of
17 certified relative caregivers to qualify for State and federal
18 subsidies and services under the guardianship and adoption
19 assistance program and remove any requirements that exceed the
20 federal requirements for participation in these programs or
21 supports to ensure that certified relative caregiver homes are
22 deemed eligible for permanency options, such as adoption or
23 subsidized guardianship, if the child is unable to safely
24 return to the child's parents. The rules shall outline the
25 essential elements of each form used in the implementation and
26 enforcement of the provisions of this amendatory Act of the
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1 103rd General Assembly.
2 The Department shall submit any necessary State plan
3 amendments necessary to comply with this Section and to ensure
4 Title IV-E reimbursement eligibility under Section
5 671(a)(20)(A-B) of the Social Security Act can be achieved
6 expediently. The Department shall differentiate expenditures
7 related to certified relative caregivers from licensed care
8 placements to provide clarity in expenditures of State and
9 federal monies for certified relative caregiver supports.
10 (Source: P.A. 103-1061, eff. 7-1-25.)
11 Section 15-10. The Illinois Public Aid Code is amended by
12 changing Sections 4-12 and 4-22 as follows:
13 (305 ILCS 5/4-12) (from Ch. 23, par. 4-12)
14 Sec. 4-12. Crisis assistance. Where a family has been (1)
15 rendered homeless or threatened with homelessness by fire,
16 flood, other natural disaster, eviction or court order to
17 vacate the premises for reasons other than nonpayment of rent,
18 or where a family has become homeless because they have left
19 their residence due to domestic or sexual violence; (1.5)
20 deprived of the household's income as a result of domestic or
21 sexual violence; (2) deprived of essential items of furniture
22 or essential clothing by fire or flood or other natural
23 disaster; (3) deprived of food as a result of actions other
24 than loss or theft of cash and where the deprivation cannot be
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1 promptly alleviated through the federal food stamp program;
2 (4) as a result of a documented theft or documented loss of
3 cash, deprived of food or essential clothing or deprived of
4 shelter or immediately threatened with deprivation of shelter
5 as evidenced by a court order requiring immediate eviction due
6 to nonpayment of rent; or (5) rendered the victim of such other
7 hardships as the Illinois Department shall by rule define, the
8 Illinois Department may provide assistance to alleviate such
9 needs. The Illinois Department shall verify need and determine
10 eligibility for crisis assistance for families already
11 receiving grants from the Illinois Department within 5 working
12 days following application for such assistance and shall
13 determine eligibility for all other families and afford such
14 assistance for families found eligible within such time limits
15 as the Illinois Department shall by rule provide. The Illinois
16 Department may, by rule, limit crisis assistance to an
17 eligible family to once in any 12 consecutive months. This
18 limitation may be made for some or all items of crisis
19 assistance.
20 The Illinois Department by regulation shall specify the
21 criteria for determining eligibility and the amount and nature
22 of assistance to be provided. Where deprivation of shelter
23 exists or is threatened, the Illinois Department must inform
24 the family of crisis assistance funding, when available. Upon
25 the availability of funds, the Department shall provide no
26 less than $1,250 to eligible families for up to 4 months may
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1 provide reasonable moving expenses, short term rental costs,
2 including one month's rent and a security deposit where such
3 expenses are needed for relocation, and, where the Department
4 determines appropriate, provide assistance to prevent an
5 imminent eviction or foreclosure. These amounts may be
6 described in established amounts or maximums. The Illinois
7 Department may also describe, for each form of assistance
8 authorized, the method by which the assistance shall be
9 delivered, including but not limited to warrants or disbursing
10 orders.
11 Annual expenditures under this Section shall not exceed
12 $2,000,000. The Illinois Department shall review such
13 expenditures quarterly and shall, if necessary, reduce the
14 amounts or nature of assistance authorized in order to assure
15 that the limit is not exceeded.
16 This Section shall be subject to the civil remedies
17 outlined in Section 8A-7.
18 (Source: P.A. 96-866, eff. 7-1-10.)
19 (305 ILCS 5/4-22)
20 Sec. 4-22. Domestic and sexual violence.
21 (a) Findings and policy. The General Assembly finds that
22 it is the policy of the State of Illinois that:
23 (1) no individual or family should be forced to remain
24 in a violent living situation or place themselves or
25 others at risk in order to attain or retain TANF
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1 assistance; and
2 (2) no individual or family should be unfairly
3 penalized because past or present domestic or sexual
4 violence or the risk of domestic or sexual violence causes
5 them to fail to comply with TANF program requirements for
6 assistance.
7 The assessment process to develop the personal plan for
8 achieving self-sufficiency shall include questions that screen
9 for domestic and sexual violence issues. If the individual
10 indicates that he or she is the victim of domestic or sexual
11 violence and indicates a need to address domestic or sexual
12 violence issues in order to reach self-sufficiency, the plan
13 shall take this factor into account in determining the work,
14 education, and training activities suitable to the client for
15 achieving self-sufficiency. In addition, in such a case,
16 specific steps needed to directly address the domestic or
17 sexual violence issues may also be made part of the plan,
18 including referral to an available domestic or sexual violence
19 program. The Department shall conduct an individualized
20 assessment and grant waivers of program requirements and other
21 required activities for victims of domestic violence to the
22 fullest extent allowed by 42 U.S.C. 602(a)(7)(A), and shall
23 apply the same laws, regulations, and policies to victims of
24 sexual violence. The duration of such waivers shall be
25 initially determined and subsequently redetermined on a
26 case-by-case basis. There shall be no limitation on the total
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1 number of months for which waivers under this Section may be
2 granted, but continuing eligibility for a waiver shall be
3 redetermined no less often than every 6 months.
4 (a-5) Definitions. As used in this Section:
5 "Domestic violence" has the meaning ascribed to it in
6 Section 103 of the Illinois Domestic Violence Act of 1986.
7 "Sexual assault" or "sexual violence" means any conduct of
8 an adult or minor child proscribed in Article 11 of the
9 Criminal Code of 2012, except for Sections 11-35, 11-40, and
10 11-45 of the Criminal Code of 2012, including conduct
11 committed by a perpetrator who is a stranger to the victim and
12 conduct by a perpetrator who is known or related by blood or
13 marriage to the victim.
14 (b) In recognition of the reality of domestic or sexual
15 violence for many individuals and families who may need
16 assistance, when making determinations as to an individual's
17 compliance with TANF program requirements, the Department of
18 Human Services shall implement the federal Family Violence
19 Option created under Section 402 of the Personal
20 Responsibility and Work Opportunity Reconciliation Act of
21 1996, (P.L. 104-193), and as set forth in 42 U.S.C. 602(a)(7),
22 including any implementing federal regulations at Part 260,
23 Subtitle B, Chapter II, Title 45 of the Code of Federal
24 Regulations.
25 (c) In accordance with subsection (b) and Section
26 402(a)(8) of the Social Security Act as amended by the federal
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1 Consolidated Appropriations Act, 2022 (P.L. 117-103), the
2 Department shall:
3 (1) evaluate its policy of identifying individuals who
4 are victims of domestic or sexual violence;
5 (2) provide universal notification of the good cause
6 waiver at the time of an individual's initial TANF
7 application;
8 (3) refer individuals who are victims of domestic or
9 sexual violence to counseling, shelter, or other
10 appropriate services; and
11 (4) automatically waive TANF program requirements,
12 including, but not limited to, child support cooperation,
13 work requirements, and time limits for individuals who are
14 victims of domestic or sexual violence.
15 (d) Individuals who are victims of domestic or sexual
16 violence may provide documentation or third-party
17 verification, if possible, as evidence of the domestic or
18 sexual violence. If an individual is unable to obtain
19 documentation or third-party verification, then
20 self-attestation shall suffice to establish eligibility for a
21 good cause waiver based upon domestic or sexual violence. The
22 following shall establish eligibility for a good cause waiver:
23 (1) Documentation, including law enforcement records,
24 court records, medical or treatment records, social
25 service records, and child protective service records.
26 (2) Third-party verification of domestic or sexual
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1 violence from any entity or individual who has knowledge
2 of the circumstances which serve as the basis for the good
3 cause waiver, including, but not limited to:
4 (A) a domestic violence or sexual violence service
5 provider;
6 (B) a clergy member or religious leader;
7 (C) a medical, psychological, or social service
8 provider;
9 (D) a law enforcement professional;
10 (E) a legal representative; or
11 (F) an acquaintance, friend, relative, or neighbor
12 of the claimant, or any other individual.
13 (3) Self-attestation. If an individual is unable to
14 obtain any of the items of evidence or documentation
15 described in paragraphs (1) and (2), then the individual
16 may self-affirm that he or she cannot safely comply with a
17 TANF program requirement due to domestic or sexual
18 violence.
19 (e) The Department shall create a Family Safety Notice
20 form that:
21 (1) describes domestic and sexual violence;
22 (2) list the waivers available for TANF recipients who
23 are victims of domestic or sexual violence;
24 (3) describes the Department's procedure and appeal
25 process when making a determination as to an individual's
26 eligibility for a good cause waiver;
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1 (4) lists the contact information of an available
2 statewide domestic and sexual violence organization; and
3 (5) provides a verification form that:
4 (A) defines a good cause waiver claim;
5 (B) lists acceptable documentation to support a
6 claim of domestic or sexual violence as described in
7 paragraph (1) of subsection (d);
8 (C) describes the entities and individuals
9 permitted to provide third-party verification of
10 domestic or sexual violence as provided in paragraph
11 (2) of subsection (d);
12 (D) explains that the if an individual is unable
13 to obtain any of the documentation or third-party
14 verification described in paragraphs (1) and (2) of
15 subsection (d), the individual may self-affirm that he
16 or she cannot safely comply with a TANF program
17 requirement due to domestic or sexual violence.
18 The Department shall not require an individual applying
19 for or receiving TANF benefits to obtain an order of
20 protection or to leave the alleged abuser in order to obtain a
21 good cause waiver.
22 A good cause waiver determination based on domestic or
23 sexual violence shall be made within 15 calendar days from the
24 date the claim was initiated by the individual.
25 (f) Crisis assistance funding. If an individual is TANF
26 eligible and is provided a good cause waiver, the Department
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1 must inform the individual of crisis assistance funding, upon
2 availability. When available, the Department shall provide
3 funding of no less than $1250 to eligible individuals and
4 families for 4 months.
5 (g) (b) The Illinois Department shall develop and monitor
6 compliance procedures for its employees, contractors, and
7 subcontractors to ensure that any information pertaining to
8 any client who claims to be a past or present victim of
9 domestic violence or an individual at risk of further domestic
10 violence, whether provided by the victim or by a third party,
11 will remain confidential.
12 (h) (c) The Illinois Department shall develop and
13 implement a domestic violence training curriculum for Illinois
14 Department employees who serve applicants for and recipients
15 of aid under this Article. The curriculum shall be designed to
16 better equip those employees to identify and serve domestic
17 violence victims. The Illinois Department may enter into a
18 contract for the development of the curriculum with one or
19 more organizations providing services to domestic violence
20 victims. The Illinois Department shall adopt rules necessary
21 to implement this subsection.
22 (i) The Department shall adopt rules necessary to
23 implement the amendatory changes made to this Section by this
24 amendatory Act of the 104th General Assembly.
25 (j) The Department shall report data on the State's TANF
26 caseload, the number of individuals applying for a good cause
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1 waiver, and the number of waivers granted. The Department
2 shall provide the number of individuals eligible and applying
3 for crisis assistance funding under this Section as part of
4 its annual report to the General Assembly. The report shall
5 exclude any personally identifiable information.
6 (Source: P.A. 96-866, eff. 7-1-10.)
7 Article 20.
8 Section 20-5. The Department of Public Health Powers and
9 Duties Law of the Civil Administrative Code of Illinois is
10 amended by adding Sections 2310-715.1 and 2310-745 as follows:
11 (20 ILCS 2310/2310-715.1 new)
12 Sec. 2310-715.1. Healthcare strategy and sustainability
13 planning. The Department, under the direction of the Office of
14 the Governor and in coordination with any other appropriate
15 State office, shall engage in health care strategy and
16 delivery planning efforts to determine steps to strengthen
17 safety-net hospitals and other health care systems in pursuit
18 of long-term sustainability.
19 (20 ILCS 2310/2310-745 new)
20 Sec. 2310-745. Transfer of Coroner Training Board.
21 (a) The Coroner Training Board, as created by the Coroner
22 Training Board Act, is hereby transferred to the Department.
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1 On and after July 1, 2025, the Department shall exercise the
2 powers, duties, rights, and responsibilities provided under
3 the Coroner Training Board Act and transferred to the
4 Department under this amendatory Act of the 104th General
5 Assembly.
6 (b) As soon as practicable after July 1, 2025, but not
7 later than September 1, 2025, the personnel of the Coroner
8 Training Board shall be transferred to the Department. The
9 status and rights of those employees under the Personnel Code
10 shall not be affected by the transfer. The rights of the
11 employees and of the State of Illinois and its agencies under
12 the Personnel Code or under any pension, retirement, or
13 annuity plan shall not be affected by this amendatory Act of
14 the 104th General Assembly.
15 (c) As soon as practicable after July 1, 2025, but not
16 later than September 1, 2025, all books, records, papers,
17 documents, property (real and personal), contracts, causes of
18 action, and pending business pertaining to the powers, duties,
19 rights, and responsibilities of the Coroner Training Board,
20 including, but not limited to, material in electronic or
21 magnetic format and necessary computer hardware and software,
22 shall be transferred to the Department.
23 (d) Whenever reports or notices are now required to be
24 made or given or papers or documents furnished or served by any
25 person to or upon the Coroner Training Board, the same shall be
26 made, given, furnished, or served in the same manner to or upon
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1 the Department.
2 (e) This amendatory Act of the 104th General Assembly does
3 not affect any act done, ratified, or canceled or any right
4 occurring or established or any action or proceeding had or
5 commenced in an administrative, civil, or criminal cause by
6 the Coroner Training Board before this amendatory Act of the
7 104th General Assembly takes effect; such actions or
8 proceedings may be prosecuted and continued by the Department.
9 (f) Any rules of the Coroner Training Board that relate to
10 its powers, duties, rights, and responsibilities and are in
11 full force on July 1, 2025 shall become the rules and standards
12 of the Department on July 1, 2025, and shall continue in effect
13 until amended or repealed by the Department. This amendatory
14 Act of the 104th General Assembly does not affect the legality
15 of any such rules in the Illinois Administrative Code.
16 Preexisting rules adopted by the Department prior to July 1,
17 2025 shall control in instances where the rules transferred
18 from the Coroner Training Board overlap or are otherwise
19 inconsistent.
20 Any rules filed with the Secretary of State by the Coroner
21 Training Board that have been proposed but have not taken
22 effect or have not been finally adopted by June 30, 2025, shall
23 become proposed rules of the Department on July 1, 2025, and
24 any rulemaking procedures that have already been completed by
25 the Coroner Training Board for those proposed rules need not
26 be repeated. On July 1, 2025, or as soon thereafter as
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1 practicable, the Department shall revise and clarify the rules
2 transferred to it under this amendatory Act of the 104th
3 General Assembly to reflect the reorganization of powers,
4 duties, rights, and responsibilities affected by this
5 amendatory Act, using the procedures for recodification of
6 rules available under the Illinois Administrative Procedure
7 Act, except that existing title, part, and section numbering
8 for the affected rules may be retained.
9 (g) On July 1, 2025, or as soon thereafter as practicable,
10 all unexpended appropriations and balances and other funds
11 available for use by the Coroner Training Board shall be
12 transferred for use by the Department. Unexpended balances so
13 transferred shall be expended only for the purposes for which
14 the appropriations were originally made.
15 Section 20-10. The Counties Code is amended by changing
16 Section 3-3001 as follows:
17 (55 ILCS 5/3-3001) (from Ch. 34, par. 3-3001)
18 Sec. 3-3001. Commission; training; duties performed by
19 other county officer.
20 (a) Every coroner shall be commissioned by the Governor,
21 but no commission shall issue except upon the certificate of
22 the county clerk of the proper county of the due election or
23 appointment of the coroner and that the coroner has filed his
24 or her bond and taken the oath of office as provided in this
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1 Division.
2 (b)(1) Within 30 days of assuming office, a coroner
3 elected to that office for the first time shall apply for
4 admission to the Coroner Training Board coroners training
5 program. Completion of the training program shall be within 6
6 months of application. Any coroner may direct the chief deputy
7 coroner or a deputy coroner, or both, to attend the training
8 program, provided the coroner has completed the training
9 program. Satisfactory completion of the program shall be
10 evidenced by a certificate issued to the coroner by the
11 Department of Public Health through the Coroner Training
12 Board. All coroners shall complete the training program at
13 least once while serving as coroner.
14 (2) In developing the coroner training program, the
15 Department of Public Health Coroner Training Board shall
16 consult with the Illinois Coroners and Medical Examiners
17 Association or other organization as recommended and approved
18 by the Coroner Training Board.
19 (3) The Department of Public Health, through the Coroner
20 Training Board, shall notify the proper county board of the
21 failure by a coroner to successfully complete this training
22 program.
23 (c) Every coroner shall attend at least 24 hours of
24 accredited continuing education for coroners in each calendar
25 year.
26 (d) In all counties that provide by resolution for the
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1 elimination of the office of coroner pursuant to a referendum,
2 the resolution may also provide, as part of the same
3 proposition, that the duties of the coroner be taken over by
4 another county officer specified by the resolution and
5 proposition.
6 (Source: P.A. 99-408, eff. 1-1-16.)
7 Section 20-15. The Coroner Training Board Act is amended
8 by changing Sections 5, 10, 15, 20, 25, 30, and 35 as follows:
9 (55 ILCS 135/5)
10 Sec. 5. Definitions. As used in this Act:
11 "Board" means the Coroner Training Board.
12 "Coroner" means coroners and deputy coroners.
13 "Coroner training school" means any school located within
14 or outside the State of Illinois whether privately or publicly
15 owned which offers a course in coroner training and has been
16 approved by the Department through the Board.
17 "Department" means the Department of Public Health.
18 "Forensic pathologist" means a board certified pathologist
19 certified by the American Board of Pathology.
20 "Local governmental agency" means any local governmental
21 unit of local government or municipal corporation in this
22 State. It does not include the State of Illinois or any office,
23 officer, department, division, bureau, board, commission, or
24 agency of the State.
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1 (Source: P.A. 99-408, eff. 1-1-16.)
2 (55 ILCS 135/10)
3 Sec. 10. Board; composition; appointments; tenure;
4 vacancies. The Coroner Training Board is created within and
5 under the administrative control of the Department. The Board
6 shall be composed of 5 members who shall be appointed by the
7 Governor as follows: 2 coroners, one forensic pathologist from
8 the Cook County Medical Examiner's Office, one forensic
9 pathologist from a county other than Cook County, and one
10 citizen of Illinois who is not currently or was a coroner or
11 forensic pathologist. Board members shall serve 3-year terms
12 that expire on the first Monday of August. The initial
13 appointments by the Governor shall be made on the first Monday
14 of August in 2016 and the initial appointments' terms shall be
15 as follows: one coroner and one forensic pathologist shall be
16 for a period of one year, the second coroner and the second
17 forensic pathologist for 3 years, and the citizen for a period
18 of 3 years. Their successors shall be appointed in like manner
19 for terms to expire the first Monday of August each 3 years
20 thereafter. All members shall serve until their respective
21 successors are appointed and qualify. Vacancies shall be
22 filled by the Governor for the unexpired terms. This
23 amendatory Act of the 104th General Assembly shall not reduce
24 or otherwise affect the term of any member of the Board.
25 (Source: P.A. 99-408, eff. 1-1-16.)
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1 (55 ILCS 135/15)
2 Sec. 15. Election Initial board meeting; election of
3 officers; meetings. The initial meeting of the Board shall be
4 held no later than August 31, 2016. The Board shall elect from
5 its number a Chairman and Vice-Chairman, shall adopt rules of
6 procedure, and shall meet at least 4 times each year.
7 The Department Board may employ an Executive Director and
8 other necessary clerical and technical personnel to provide
9 administrative support for the Board. Special meetings of the
10 Board may be called at any time by the Chairman or upon the
11 request of any 2 members. The members of the Board shall serve
12 without compensation but shall be entitled to reimbursement
13 for their actual expenses in attending meetings and in the
14 performance of their duties hereunder from funds appropriated
15 for that purpose.
16 (Source: P.A. 99-408, eff. 1-1-16.)
17 (55 ILCS 135/20)
18 Sec. 20. Powers of the Department Board. The Department
19 Board has the following powers and duties to carry out the
20 purposes of this Act:
21 (a) To require units of local government to furnish such
22 reports and information as the Board deems necessary to fully
23 implement this Act.
24 (b) To establish by rule appropriate mandatory minimum
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1 standards relating to the training of coroners, including, but
2 not limited to, Part 1760 of Chapter V of Title 20 of the
3 Illinois Administrative Code. The Department Board shall
4 consult with the Illinois Coroners and Medical Examiners
5 Association when adopting mandatory minimum standards.
6 (c) To provide appropriate certification to those coroners
7 who successfully complete the prescribed minimum standard
8 basic training course.
9 (d) To review and approve annual training curricula
10 curriculum for coroners.
11 (e) To review and approve applicants to ensure no
12 applicant is admitted to a coroner training school unless the
13 applicant is a person of good character and has not been
14 convicted of a felony offense, any of the misdemeanors in
15 Sections 11-1.50, 11-6, 11-9.1, 11-14, 11-17, 11-19, 12-2,
16 12-15, 16-1, 17-1, 17-2, 28-3, 29-1, 31-1, 31-6, 31-7, 32-4a,
17 or 32-7 of the Criminal Code of 1961 or the Criminal Code of
18 2012, subdivision (a)(1) or (a)(2)(C) of Section 11-14.3 of
19 the Criminal Code of 1961 or the Criminal Code of 2012, or
20 subsection (a) of Section 17-32 of the Criminal Code of 1961 or
21 the Criminal Code of 2012, or Section 5 or 5.2 of the Cannabis
22 Control Act, or a crime involving moral turpitude under the
23 laws of this State or any other state, or under federal law,
24 which if committed in this State would be punishable as a
25 felony or a crime of moral turpitude. The Department Board may
26 appoint investigators who shall enforce the duties conferred
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1 upon the Department Board by this Act.
2 (Source: P.A. 99-408, eff. 1-1-16.)
3 (55 ILCS 135/25)
4 Sec. 25. Selection and certification of schools. The
5 Department, through the Board, shall select and certify
6 coroner training schools within or outside the State of
7 Illinois for the purpose of providing basic training for
8 coroners and of providing advanced or in-service training for
9 coroners, which schools may be either publicly or privately
10 owned and operated. This amendatory Act of the 104th General
11 Assembly shall not affect the status of schools selected and
12 certified by the Board before July 1, 2025.
13 (Source: P.A. 99-408, eff. 1-1-16.)
14 (55 ILCS 135/30)
15 Sec. 30. Death investigation training; waiver for
16 experience.
17 (a) The Department, through the Board, shall conduct or
18 approve a training program in death investigation for the
19 training of coroners. Only coroners who successfully complete
20 the training program may be assigned as lead investigators in
21 a coroner's investigations. Satisfactory completion of the
22 training program shall be evidenced by a certificate issued to
23 the coroner by the Board.
24 (b) The Department, through the Board, shall develop a
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1 process for waiver applications sent from a coroner's office
2 for those coroners whose prior training and experience as a
3 death or homicide investigator may qualify them for a waiver.
4 The Department, upon the recommendation of the Board, Board
5 may issue a waiver at its discretion, based solely on the prior
6 training and experience of a coroner as a death or homicide
7 investigator.
8 (c) This amendatory Act of the 104th General Assembly
9 shall not affect the status of certifications or waivers
10 issued by the Board prior to July 1, 2025.
11 (Source: P.A. 99-408, eff. 1-1-16.)
12 (55 ILCS 135/35)
13 Sec. 35. Acceptance of contributions and gifts. The
14 Department Board may accept contributions, capital grants,
15 gifts, donations, services or other financial assistance from
16 any individual, association, corporation, the United States of
17 America and any of its agencies or instrumentalities, or any
18 other organization having a legitimate interest in coroner
19 training.
20 (Source: P.A. 99-408, eff. 1-1-16.)
21 Section 20-20. The Vital Records Act is amended by
22 changing Section 25.5 as follows:
23 (410 ILCS 535/25.5)
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1 Sec. 25.5. Death Certificate Surcharge Fund. The
2 additional $2 fee for certified copies of death certificates
3 and fetal death certificates must be deposited into the Death
4 Certificate Surcharge Fund, a special fund created in the
5 State treasury. Moneys Beginning 30 days after the effective
6 date of this amendatory Act of the 92nd General Assembly and
7 until January 1, 2003 and then beginning again on July 1, 2003
8 and until July 1, 2005, moneys in the Fund, subject to
9 appropriation, may be used by the Department for the purpose
10 of implementing an electronic reporting system for death
11 registrations as provided in Section 18.5 of this Act. Before
12 the effective date of this amendatory Act of the 92nd General
13 Assembly, on and after January 1, 2003 and until July 1, 2003,
14 and on and after July 1, 2005, moneys in the Fund, subject to
15 appropriations, may be used as follows: (i) 25% by the
16 Department of Public Health Coroner Training Board for the
17 purpose of training coroners, deputy coroners, forensic
18 pathologists, and police officers for death investigations and
19 lodging and travel expenses relating to training, (ii) 25% for
20 grants by the Department of Public Health for distribution to
21 all local county coroners and medical examiners or officials
22 charged with the duties set forth under Division 3-3 of the
23 Counties Code, who have a different title, for equipment and
24 lab facilities, (iii) 25% by the Department of Public Health
25 for the purpose of setting up a statewide database of death
26 certificates and implementing an electronic reporting system
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1 for death registrations pursuant to Section 18.5, and (iv) 25%
2 for a grant by the Department of Public Health to local
3 registrars.
4 (Source: P.A. 99-408, eff. 1-1-16.)
5 Article 25.
6 Section 25-5. If and only if House Bill 1697 of the 104th
7 General Assembly, as amended by Senate Amendment Nos. 2, 4,
8 and 5, becomes law, the Illinois Insurance Code is amended by
9 changing Section 513b2 as follows:
10 (215 ILCS 5/513b2)
11 Sec. 513b2. Licensure requirements.
12 (a) Beginning on July 1, 2020, to conduct business in this
13 State, a pharmacy benefit manager must register with the
14 Director. To initially register or renew a registration, a
15 pharmacy benefit manager shall submit:
16 (1) A nonrefundable fee not to exceed $500.
17 (2) A copy of the registrant's corporate charter,
18 articles of incorporation, or other charter document.
19 (3) A completed registration form adopted by the
20 Director containing:
21 (A) The name and address of the registrant.
22 (B) The name, address, and official position of
23 each officer and director of the registrant.
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1 (b) The registrant shall report any change in information
2 required under this Section to the Director in writing within
3 60 days after the change occurs.
4 (c) Upon receipt of a completed registration form, the
5 required documents, and the registration fee, the Director
6 shall issue a registration certificate. The certificate may be
7 in paper or electronic form, and shall clearly indicate the
8 expiration date of the registration. Registration certificates
9 are nontransferable.
10 (d) A registration certificate is valid for 2 years after
11 its date of issue. The Director shall adopt by rule an initial
12 registration fee not to exceed $500 and a registration renewal
13 fee not to exceed $500, both of which shall be nonrefundable.
14 Total fees may not exceed the cost of administering this
15 Section.
16 (e) The Department shall adopt any rules necessary to
17 implement this Section.
18 (f) On or before August 1, 2025, the pharmacy benefit
19 manager shall submit a report to the Department that lists the
20 name of each health benefit plan it administers, provides the
21 number of covered individuals for each health benefit plan as
22 of the date of submission, and provides the total number of
23 covered individuals across all health benefit plans the
24 pharmacy benefit manager administers. On or before September
25 1, 2025, a registered pharmacy benefit manager, as a condition
26 of its authority to transact business in this State, must
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1 submit to the Department an amount equal to $15 or an alternate
2 amount as determined by the Director by rule per covered
3 individual enrolled by the pharmacy benefit manager in this
4 State, as detailed in the report submitted to the Department
5 under this subsection, during the preceding calendar year. On
6 or before September 1, 2026 and each September 1 thereafter,
7 payments submitted under this subsection shall be based on the
8 number of covered individuals reported to the Department in
9 Section 513b1.1.
10 (g) All amounts collected under this Section shall be
11 deposited into the Prescription Drug Affordability Fund, which
12 is hereby created as a special fund in the State treasury. Of
13 the amounts collected under this Section each fiscal year, at
14 the direction of the Department, the Comptroller shall direct
15 and the Treasurer shall transfer the first $25,000,000 into
16 the DCEO Projects Fund for grants to support pharmacies under
17 Section 605-60 of the Department of Commerce and Economic
18 Opportunity Law; then, at the direction of the Department, the
19 Comptroller shall direct and the Treasurer shall transfer the
20 remainder of the amounts collected under this Section into the
21 General Revenue Fund.
22 (Source: P.A. 101-452, eff. 1-1-20; 104HB1697sam002, sam004,
23 and sam005.)
24 Article 27.
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1 Section 27-5. The Department of Public Health Powers and
2 Duties Law of the Civil Administrative Code of Illinois is
3 amended by changing Section 2310-362 as follows:
4 (20 ILCS 2310/2310-362)
5 Sec. 2310-362. The Autoimmune Disease Research Fund.
6 (a) The Autoimmune Disease Research Fund is created as a
7 special fund in the State treasury. From appropriations to the
8 Department from the Fund, the Department shall make grants to
9 public and private entities in the State for the purpose of
10 funding research for the treatment and cure of autoimmune
11 diseases.
12 (b) For the purposes of this Section:
13 "Autoimmune disease" means any disease that results from
14 an aberrant immune response, including, without limitation,
15 rheumatoid arthritis, systemic lupus erythematosus, and
16 scleroderma.
17 "Research" includes, without limitation, expenditures to
18 develop and advance the understanding, techniques, and
19 modalities effective in the detection, prevention, screening,
20 and treatment of autoimmune disease and may include clinical
21 trials. "Research" does not include institutional overhead
22 costs, indirect costs, other organizational levies, or costs
23 of community-based support services.
24 (c) Moneys received for the purposes of this Section,
25 including, without limitation, income tax checkoff receipts
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1 and gifts, grants, and awards from any public or private
2 entity, must be deposited into the Fund. Any interest earnings
3 that are attributable to moneys in the Fund must be deposited
4 into the Fund.
5 (d) Notwithstanding any other provision of law, in
6 addition to any other transfers that may be provided by law, on
7 July 1, 2025, or as soon thereafter as practical, the State
8 Comptroller shall direct and the State Treasurer shall
9 transfer the remaining balance from the Autoimmune Disease
10 Research Fund into the Multiple Sclerosis Research Fund. Upon
11 completion of the transfers, the Autoimmune Disease Research
12 Fund is dissolved, and any future deposits due to that Fund and
13 any outstanding obligations or liabilities of that Fund pass
14 to the Multiple Sclerosis Research Fund.
15 (e) This Section is repealed on January 1, 2026.
16 (Source: P.A. 95-435, eff. 8-27-07; 95-876, eff. 8-21-08.)
17 Section 27-10. The State Finance Act is amended by
18 changing Sections 5.688, 5.824, and 6z-94 as follows:
19 (30 ILCS 105/5.688)
20 Sec. 5.688. The Autoimmune Disease Research Fund. This
21 Section is repealed on January 1, 2026.
22 (Source: P.A. 95-435, eff. 8-27-07; 95-876, eff. 8-21-08.)
23 (30 ILCS 105/5.824)
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1 Sec. 5.824. The Children's Wellness Charities Fund. This
2 Section is repealed on January 1, 2026.
3 (Source: P.A. 97-1117, eff. 8-27-12; 98-463, eff. 8-16-13.)
4 (30 ILCS 105/6z-94)
5 Sec. 6z-94. The Children's Wellness Charities Fund;
6 creation. The Children's Wellness Charities Fund is created as
7 a special fund in the State treasury. Moneys in the Fund shall
8 be used by the Department of Human Services to make grants to
9 public or private not-for-profit entities for the purpose of
10 administering grants to children's health and well-being
11 charities located in Illinois. For the purposes of this
12 Section, "children's health and well-being charities" include,
13 but are not limited to, charities that provide mobile care
14 centers, free or low-cost lodging, or other services to assist
15 children who are being treated for illnesses and their
16 families. For the purposes of this Section, "mobile care
17 center" means any vehicle built specifically for delivering
18 pediatric health care services. Notwithstanding any other
19 provision of law, in addition to any other transfers that may
20 be provided by law, on July 1, 2025, or as soon thereafter as
21 practical, the State Comptroller shall direct and the State
22 Treasurer shall transfer the remaining balance from the
23 Children's Wellness Charities Fund into the Ronald McDonald
24 House Charities Fund. Upon completion of the transfers, the
25 Children's Wellness Charities Fund is dissolved, and any
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1 future deposits due to that Fund and any outstanding
2 obligations or liabilities of that Fund pass to the Ronald
3 McDonald House Charities Fund.
4 This Section is repealed on January 1, 2026.
5 (Source: P.A. 97-1117, eff. 8-27-12.)
6 (35 ILCS 5/507QQ rep.)
7 (35 ILCS 5/507BBB rep.)
8 Section 27-15. The Illinois Income Tax Act is amended by
9 repealing Sections 507QQ and 507BBB.
10 Article 30.
11 Section 30-5. The Election Code is amended by changing
12 Section 1A-50 as follows:
13 (10 ILCS 5/1A-50)
14 Sec. 1A-50. The ERIC Operations Trust Fund. The ERIC
15 Operations Trust Fund (Trust Fund) is created as a
16 nonappropriated trust fund to be held outside of the State
17 treasury, with the State Treasurer as ex officio custodian.
18 The Trust Fund shall be financed by a combination of private
19 donations and by appropriations by the General Assembly. The
20 Board may accept from all sources, contributions, grants,
21 gifts, bequeaths, legacies of money, and securities to be
22 deposited into the Trust Fund. All deposits shall become part
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1 of the Trust Fund corpus. Moneys in the Trust Fund are not
2 subject to appropriation and shall be used by the Board solely
3 for the costs and expenses related to the participation in the
4 Electronic Registration Information Center pursuant to this
5 Code.
6 All gifts, grants, assets, funds, or moneys received by
7 the Board for the purpose of participation in the Electronic
8 Registration Information Center shall be deposited and held in
9 the Trust Fund by the State Treasurer separate and apart from
10 all public moneys or funds of this State and shall be
11 administered by the Board exclusively for the purposes set
12 forth in this Section. All moneys in the Trust Fund shall be
13 invested and reinvested by the State Treasurer. All interest
14 accruing from these investments shall be deposited into in the
15 Trust Fund.
16 The ERIC Operations Trust Fund is not subject to sweeps,
17 administrative chargebacks charge-backs, or any other fiscal
18 or budgetary maneuver that would in any way transfer any
19 amounts from the ERIC Operations Trust Fund into any other
20 fund of the State.
21 On July 1, 2025, or as soon thereafter as practical, the
22 State Comptroller shall direct and the State Treasurer shall
23 transfer the remaining balance from the ERIC Operations Trust
24 Fund into the Elections Special Projects Fund. Upon completion
25 of the transfer, the ERIC Operations Trust Fund is dissolved,
26 and any future deposits due to that Fund and any outstanding
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1 obligations or liabilities of that Fund pass to the Elections
2 Special Projects Fund.
3 (Source: P.A. 99-522, eff. 6-30-16.)
4 Section 30-10. The State Treasurer Act is amended by
5 changing Section 18 as follows:
6 (15 ILCS 505/18)
7 Sec. 18. Banking and automated teller machine services.
8 (a) The Treasurer may enter into written agreements with
9 financial institutions for the provision of banking services
10 at the State Capitol and with automated teller machine
11 providers for the provision of automated teller machine
12 services at State office buildings, State parks, State tourism
13 centers, and State fairs at Springfield and DuQuoin. The
14 Treasurer shall establish competitive procedures for the
15 selection of financial institutions and automated teller
16 machine providers to provide the services authorized under
17 this Section. No State agency may procure services authorized
18 by this Section without the approval of the Treasurer.
19 (b) The Treasurer shall enter into written agreements with
20 the authorities having jurisdiction of the property where the
21 services are intended to be provided. These agreements shall
22 include, but need not be limited to, the quantity of machines
23 to be located at the property and the exact location of the
24 service or machine and shall establish responsibility for
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1 payment of expenses incurred in locating the machine or
2 service.
3 (c) The Treasurer's agreement with a financial institution
4 or automated teller machine providers may authorize the
5 financial institution or automated teller machine providers to
6 provide any or all of the banking services that the financial
7 institution or automated teller machine providers is otherwise
8 authorized by law to provide to the public.
9 The Treasurer's agreement with a financial institution or
10 automated teller machine providers shall establish the amount
11 of compensation to be paid by the financial institution. The
12 financial institution or automated teller machine providers
13 shall pay the compensation to the Treasurer in accordance with
14 the terms of the agreement. The Treasurer shall deposit moneys
15 received under this Section into the State Treasurer's Bank
16 Services Trust Fund.
17 (d) This Section does not apply to a State office building
18 in which a currency exchange or a credit union providing
19 financial services located in the building on July 1, 1995
20 (the effective date of Public Act 88-640) is operating.
21 (e) (Blank). Notwithstanding any other provision of law to
22 the contrary, and in addition to any other transfers that may
23 be provided by law, within 30 days of the effective date of
24 this amendatory Act of the 103rd General Assembly, or as soon
25 thereafter as practicable, the State Comptroller shall direct
26 and the State Treasurer shall transfer the remaining balance
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1 from the Treasurer's Rental Fee Fund into the State
2 Treasurer's Bank Services Trust Fund. Upon completion of the
3 transfer, the Treasurer's Rental Fee Fund is dissolved, and
4 any future deposits due to that Fund and any outstanding
5 obligations or liabilities of that Fund shall pass to the
6 State Treasurer's Bank Services Trust Fund.
7 (Source: P.A. 103-234, eff. 1-1-24.)
8 Section 30-15. The Substance Use Disorder Act is amended
9 by changing Sections 5-10, 50-5, 50-25, 50-30, and 50-35 as
10 follows:
11 (20 ILCS 301/5-10)
12 Sec. 5-10. Functions of the Department.
13 (a) In addition to the powers, duties and functions vested
14 in the Department by this Act, or by other laws of this State,
15 the Department shall carry out the following activities:
16 (1) Design, coordinate and fund comprehensive
17 community-based and culturally and gender-appropriate
18 services throughout the State. These services must include
19 prevention, early intervention, treatment, and other
20 recovery support services for substance use disorders that
21 are accessible and address the needs of at-risk
22 individuals and their families.
23 (2) Act as the exclusive State agency to accept,
24 receive and expend, pursuant to appropriation, any public
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1 or private monies, grants or services, including those
2 received from the federal government or from other State
3 agencies, for the purpose of providing prevention, early
4 intervention, treatment, and other recovery support
5 services for substance use disorders.
6 (2.5) In partnership with the Department of Healthcare
7 and Family Services, act as one of the principal State
8 agencies for the sole purpose of calculating the
9 maintenance of effort requirement under Section 1930 of
10 Title XIX, Part B, Subpart II of the Public Health Service
11 Act (42 U.S.C. 300x-30) and the Interim Final Rule (45 CFR
12 96.134).
13 (3) Coordinate a statewide strategy for the
14 prevention, early intervention, treatment, and recovery
15 support of substance use disorders. This strategy shall
16 include the development of a comprehensive plan, submitted
17 annually with the application for federal substance use
18 disorder block grant funding, for the provision of an
19 array of such services. The plan shall be based on local
20 community-based needs and upon data including, but not
21 limited to, that which defines the prevalence of and costs
22 associated with substance use disorders. This
23 comprehensive plan shall include identification of
24 problems, needs, priorities, services and other pertinent
25 information, including the needs of minorities and other
26 specific priority populations in the State, and shall
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1 describe how the identified problems and needs will be
2 addressed. For purposes of this paragraph, the term
3 "minorities and other specific priority populations" may
4 include, but shall not be limited to, groups such as
5 women, children, intravenous drug users, persons with AIDS
6 or who are HIV infected, veterans, African-Americans,
7 Puerto Ricans, Hispanics, Asian Americans, the elderly,
8 persons in the criminal justice system, persons who are
9 clients of services provided by other State agencies,
10 persons with disabilities and such other specific
11 populations as the Department may from time to time
12 identify. In developing the plan, the Department shall
13 seek input from providers, parent groups, associations and
14 interested citizens.
15 The plan developed under this Section shall include an
16 explanation of the rationale to be used in ensuring that
17 funding shall be based upon local community needs,
18 including, but not limited to, the incidence and
19 prevalence of, and costs associated with, substance use
20 disorders, as well as upon demonstrated program
21 performance.
22 The plan developed under this Section shall also
23 contain a report detailing the activities of and progress
24 made through services for the care and treatment of
25 substance use disorders among pregnant women and mothers
26 and their children established under subsection (j) of
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1 Section 35-5.
2 As applicable, the plan developed under this Section
3 shall also include information about funding by other
4 State agencies for prevention, early intervention,
5 treatment, and other recovery support services.
6 (4) Lead, foster and develop cooperation, coordination
7 and agreements among federal and State governmental
8 agencies and local providers that provide assistance,
9 services, funding or other functions, peripheral or
10 direct, in the prevention, early intervention, treatment,
11 and recovery support for substance use disorders. This
12 shall include, but shall not be limited to, the following:
13 (A) Cooperate with and assist other State
14 agencies, as applicable, in establishing and
15 conducting substance use disorder services among the
16 populations they respectively serve.
17 (B) Cooperate with and assist the Illinois
18 Department of Public Health in the establishment,
19 funding and support of programs and services for the
20 promotion of maternal and child health and the
21 prevention and treatment of infectious diseases,
22 including, but not limited to, HIV infection,
23 especially with respect to those persons who are high
24 risk due to intravenous injection of illegal drugs, or
25 who may have been sexual partners of these
26 individuals, or who may have impaired immune systems
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1 as a result of a substance use disorder.
2 (C) Supply to the Department of Public Health and
3 prenatal care providers a list of all providers who
4 are licensed to provide substance use disorder
5 treatment for pregnant women in this State.
6 (D) Assist in the placement of child abuse or
7 neglect perpetrators (identified by the Illinois
8 Department of Children and Family Services (DCFS)) who
9 have been determined to be in need of substance use
10 disorder treatment pursuant to Section 8.2 of the
11 Abused and Neglected Child Reporting Act.
12 (E) Cooperate with and assist DCFS in carrying out
13 its mandates to:
14 (i) identify substance use disorders among its
15 clients and their families; and
16 (ii) develop services to deal with such
17 disorders.
18 These services may include, but shall not be limited
19 to, programs to prevent or treat substance use
20 disorders with DCFS clients and their families,
21 identifying child care needs within such treatment,
22 and assistance with other issues as required.
23 (F) Cooperate with and assist the Illinois
24 Criminal Justice Information Authority with respect to
25 statistical and other information concerning the
26 incidence and prevalence of substance use disorders.
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1 (G) Cooperate with and assist the State
2 Superintendent of Education, boards of education,
3 schools, police departments, the Illinois State
4 Police, courts and other public and private agencies
5 and individuals in establishing prevention programs
6 statewide and preparing curriculum materials for use
7 at all levels of education.
8 (H) Cooperate with and assist the Illinois
9 Department of Healthcare and Family Services in the
10 development and provision of services offered to
11 recipients of public assistance for the treatment and
12 prevention of substance use disorders.
13 (I) (Blank).
14 (5) From monies appropriated to the Department from
15 the Drunk and Drugged Driving Prevention Fund, reimburse
16 DUI evaluation and risk education programs licensed by the
17 Department for providing indigent persons with free or
18 reduced-cost evaluation and risk education services
19 relating to a charge of driving under the influence of
20 alcohol or other drugs.
21 (6) Promulgate regulations to identify and disseminate
22 best practice guidelines that can be utilized by publicly
23 and privately funded programs as well as for levels of
24 payment to government funded programs that provide
25 prevention, early intervention, treatment, and other
26 recovery support services for substance use disorders and
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1 those services referenced in Sections 15-10 and 40-5.
2 (7) In consultation with providers and related trade
3 associations, specify a uniform methodology for use by
4 funded providers and the Department for billing and
5 collection and dissemination of statistical information
6 regarding services related to substance use disorders.
7 (8) Receive data and assistance from federal, State
8 and local governmental agencies, and obtain copies of
9 identification and arrest data from all federal, State and
10 local law enforcement agencies for use in carrying out the
11 purposes and functions of the Department.
12 (9) Designate and license providers to conduct
13 screening, assessment, referral and tracking of clients
14 identified by the criminal justice system as having
15 indications of substance use disorders and being eligible
16 to make an election for treatment under Section 40-5 of
17 this Act, and assist in the placement of individuals who
18 are under court order to participate in treatment.
19 (10) Identify and disseminate evidence-based best
20 practice guidelines as maintained in administrative rule
21 that can be utilized to determine a substance use disorder
22 diagnosis.
23 (11) (Blank).
24 (12) Make grants with funds appropriated from the Drug
25 Treatment Fund in accordance with Section 50-35 of this
26 Act 7 of the Controlled Substance and Cannabis Nuisance
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1 Act, or in accordance with Section 80 of the
2 Methamphetamine Control and Community Protection Act, or
3 in accordance with subsections (h) and (i) of Section
4 411.2 of the Illinois Controlled Substances Act, or in
5 accordance with Section 6z-107 of the State Finance Act.
6 (13) Encourage all health and disability insurance
7 programs to include substance use disorder treatment as a
8 covered service and to use evidence-based best practice
9 criteria as maintained in administrative rule and as
10 required in Public Act 99-0480 in determining the
11 necessity for such services and continued stay.
12 (14) Award grants and enter into fixed-rate and
13 fee-for-service arrangements with any other department,
14 authority or commission of this State, or any other state
15 or the federal government or with any public or private
16 agency, including the disbursement of funds and furnishing
17 of staff, to effectuate the purposes of this Act.
18 (15) Conduct a public information campaign to inform
19 the State's Hispanic residents regarding the prevention
20 and treatment of substance use disorders.
21 (b) In addition to the powers, duties and functions vested
22 in it by this Act, or by other laws of this State, the
23 Department may undertake, but shall not be limited to, the
24 following activities:
25 (1) Require all organizations licensed or funded by
26 the Department to include an education component to inform
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1 participants regarding the causes and means of
2 transmission and methods of reducing the risk of acquiring
3 or transmitting HIV infection and other infectious
4 diseases, and to include funding for such education
5 component in its support of the program.
6 (2) Review all State agency applications for federal
7 funds that include provisions relating to the prevention,
8 early intervention and treatment of substance use
9 disorders in order to ensure consistency.
10 (3) Prepare, publish, evaluate, disseminate and serve
11 as a central repository for educational materials dealing
12 with the nature and effects of substance use disorders.
13 Such materials may deal with the educational needs of the
14 citizens of Illinois, and may include at least pamphlets
15 that describe the causes and effects of fetal alcohol
16 spectrum disorders.
17 (4) Develop and coordinate, with regional and local
18 agencies, education and training programs for persons
19 engaged in providing services for persons with substance
20 use disorders, which programs may include specific HIV
21 education and training for program personnel.
22 (5) Cooperate with and assist in the development of
23 education, prevention, early intervention, and treatment
24 programs for employees of State and local governments and
25 businesses in the State.
26 (6) Utilize the support and assistance of interested
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1 persons in the community, including recovering persons, to
2 assist individuals and communities in understanding the
3 dynamics of substance use disorders, and to encourage
4 individuals with substance use disorders to voluntarily
5 undergo treatment.
6 (7) Promote, conduct, assist or sponsor basic
7 clinical, epidemiological and statistical research into
8 substance use disorders and research into the prevention
9 of those problems either solely or in conjunction with any
10 public or private agency.
11 (8) Cooperate with public and private agencies,
12 organizations and individuals in the development of
13 programs, and to provide technical assistance and
14 consultation services for this purpose.
15 (9) (Blank).
16 (10) (Blank).
17 (11) Fund, promote, or assist entities dealing with
18 substance use disorders.
19 (12) With monies appropriated from the Group Home Loan
20 Revolving Fund, make loans, directly or through
21 subcontract, to assist in underwriting the costs of
22 housing in which individuals recovering from substance use
23 disorders may reside, pursuant to Section 50-40 of this
24 Act.
25 (13) Promulgate such regulations as may be necessary
26 to carry out the purposes and enforce the provisions of
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1 this Act.
2 (14) Provide funding to help parents be effective in
3 preventing substance use disorders by building an
4 awareness of the family's role in preventing substance use
5 disorders through adjusting expectations, developing new
6 skills, and setting positive family goals. The programs
7 shall include, but not be limited to, the following
8 subjects: healthy family communication; establishing rules
9 and limits; how to reduce family conflict; how to build
10 self-esteem, competency, and responsibility in children;
11 how to improve motivation and achievement; effective
12 discipline; problem solving techniques; and how to talk
13 about drugs and alcohol. The programs shall be open to all
14 parents.
15 (15) Establish an Opioid Remediation Services Capital
16 Investment Grant Program. The Department may, subject to
17 appropriation and approval through the Opioid Overdose
18 Prevention and Recovery Steering Committee, after
19 recommendation by the Illinois Opioid Remediation Advisory
20 Board, and certification by the Office of the Attorney
21 General, make capital improvement grants to units of local
22 government and substance use prevention, treatment, and
23 recovery service providers addressing opioid remediation
24 in the State for approved abatement uses under the
25 Illinois Opioid Allocation Agreement. The Illinois Opioid
26 Remediation State Trust Fund shall be the source of
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1 funding for the program. Eligible grant recipients shall
2 be units of local government and substance use prevention,
3 treatment, and recovery service providers that offer
4 facilities and services in a manner that supports and
5 meets the approved uses of the opioid settlement funds.
6 Eligible grant recipients have no entitlement to a grant
7 under this Section. The Department of Human Services may
8 consult with the Capital Development Board, the Department
9 of Commerce and Economic Opportunity, and the Illinois
10 Housing Development Authority to adopt rules to implement
11 this Section and may create a competitive application
12 procedure for grants to be awarded. The rules may specify
13 the manner of applying for grants; grantee eligibility
14 requirements; project eligibility requirements;
15 restrictions on the use of grant moneys; the manner in
16 which grantees must account for the use of grant moneys;
17 and any other provision that the Department of Human
18 Services determines to be necessary or useful for the
19 administration of this Section. Rules may include a
20 requirement for grantees to provide local matching funds
21 in an amount equal to a specific percentage of the grant.
22 No portion of an opioid remediation services capital
23 investment grant awarded under this Section may be used by
24 a grantee to pay for any ongoing operational costs or
25 outstanding debt. The Department of Human Services may
26 consult with the Capital Development Board, the Department
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1 of Commerce and Economic Opportunity, and the Illinois
2 Housing Development Authority in the management and
3 disbursement of funds for capital-related projects. The
4 Capital Development Board, the Department of Commerce and
5 Economic Opportunity, and the Illinois Housing Development
6 Authority shall act in a consulting role only for the
7 evaluation of applicants, scoring of applicants, or
8 administration of the grant program.
9 (c) There is created within the Department of Human
10 Services an Office of Opioid Settlement Administration. The
11 Office shall be responsible for implementing and administering
12 approved abatement programs as described in Exhibit B of the
13 Illinois Opioid Allocation Agreement, effective December 30,
14 2021. The Office may also implement and administer other
15 opioid-related programs, including, but not limited to,
16 prevention, treatment, and recovery services from other funds
17 made available to the Department of Human Services. The
18 Secretary of Human Services shall appoint or assign staff as
19 necessary to carry out the duties and functions of the Office.
20 (Source: P.A. 102-538, eff. 8-20-21; 102-699, eff. 4-19-22;
21 103-8, eff. 6-7-23.)
22 (20 ILCS 301/50-5)
23 Sec. 50-5. Prevention and Treatment of Alcoholism and
24 Substance Abuse Block Grant Fund. Monies received from the
25 federal government under the Block Grant for the Prevention
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1 and Treatment of Alcoholism and Substance Abuse shall be
2 deposited into the Prevention and Treatment of Alcoholism and
3 Substance Abuse Block Grant Fund which is hereby created as a
4 federal trust special fund in the State treasury. Monies in
5 this fund shall be appropriated to the Department and expended
6 for the purposes and activities specified by federal law or
7 regulation.
8 (Source: P.A. 88-80.)
9 (20 ILCS 301/50-25)
10 Sec. 50-25. Youth Alcoholism and Substance Abuse
11 Prevention Fund. There is hereby created in the State treasury
12 a special Fund to be known as the Youth Alcoholism and
13 Substance Abuse Prevention Fund. Monies in this Fund shall be
14 appropriated to the Department and expended for the purpose of
15 helping support and establish community-based community based
16 alcohol and other drug abuse prevention programs. On June 30,
17 2026, or as soon thereafter as practical, the State
18 Comptroller shall direct and the State Treasurer shall
19 transfer the remaining balance from the Youth Alcoholism and
20 Substance Abuse Prevention Fund into the General Revenue Fund.
21 Upon completion of the transfer, the Youth Alcoholism and
22 Substance Abuse Prevention Fund is dissolved, and any future
23 deposits due to that Fund and any outstanding obligations or
24 liabilities of that Fund shall pass to the General Revenue
25 Fund. This Section is repealed on January 1, 2027.
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1 (Source: P.A. 91-25, eff. 6-9-99.)
2 (20 ILCS 301/50-30)
3 Sec. 50-30. Youth Drug Abuse Prevention Fund.
4 (a) There is hereby established the Youth Drug Abuse
5 Prevention Fund, to be held as a separate fund in the State
6 treasury. Monies in this fund shall be appropriated to the
7 Department and expended for grants to community-based agencies
8 or non-profit organizations providing residential or
9 nonresidential treatment or prevention programs or any
10 combination thereof.
11 (b) (Blank). There shall be deposited into the Youth Drug
12 Abuse Prevention Fund such monies as may be received under the
13 income tax checkoff provided for in subsection (b) of this
14 Section. There shall also be deposited into this fund such
15 monies as may be received under:
16 (1) subsection (a) of Section 10.2 of the Cannabis
17 Control Act.
18 (2) subsection (a) of Section 413 of the Illinois
19 Controlled Substances Act.
20 (3) subsection (a) of Section 5.2 of the Narcotics
21 Profit Forfeiture Act.
22 (4) Sections 5-9-1.1 and 5-9-1.2 of the Unified Code
23 of Corrections.
24 (c) On June 30, 2026, or as soon thereafter as practical,
25 the State Comptroller shall direct and the State Treasurer
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1 shall transfer the remaining balance from the Youth Drug Abuse
2 Prevention Fund into the Drug Treatment Fund. Upon completion
3 of the transfer, the Youth Drug Abuse Prevention Fund is
4 dissolved, and any future deposits due to that Fund and any
5 outstanding obligations or liabilities of that Fund shall pass
6 to the Drug Treatment Fund.
7 (d) This Section is repealed on January 1, 2027.
8 (Source: P.A. 88-80.)
9 (20 ILCS 301/50-35)
10 Sec. 50-35. Drug Treatment Fund.
11 (a) The There is hereby established the Drug Treatment
12 Fund is hereby established as a special fund within the State
13 treasury , to be held as a separate fund in the State treasury.
14 There shall be deposited into this fund such amounts as may be
15 provided by law received under subsections (h) and (i) of
16 Section 411.2 of the Illinois Controlled Substances Act, under
17 Section 80 of the Methamphetamine Control and Community
18 Protection Act, and under Section 7 of the Controlled
19 Substance and Cannabis Nuisance Act, or under Section 6z-107
20 of the State Finance Act.
21 (b) Moneys Monies in this fund shall be appropriated to
22 the Department for grants to community-based agencies or
23 nonprofit organizations providing residential or
24 nonresidential treatment or prevention programs or any
25 combination of those programs or as otherwise provided by law
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1 the purposes and activities set forth in subsections (h) and
2 (i) of Section 411.2 of the Illinois Controlled Substances
3 Act, or in Section 7 of the Controlled Substance and Cannabis
4 Nuisance Act, or in Section 6z-107 of the State Finance Act.
5 (Source: P.A. 101-10, eff. 6-5-19.)
6 Section 30-20. The Children and Family Services Act is
7 amended by changing Section 4a as follows:
8 (20 ILCS 505/4a) (from Ch. 23, par. 5004a)
9 Sec. 4a. (a) To administer child abuse prevention shelters
10 and service programs for abused and neglected children, or
11 provide for their administration by not-for-profit
12 corporations, community-based organizations or units of local
13 government.
14 The Department is hereby designated the single State
15 agency for planning and coordination of child abuse and
16 neglect prevention programs and services. On or before the
17 first Friday in October of each year, the Department shall
18 submit to the Governor and the General Assembly a State
19 comprehensive child abuse and neglect prevention plan. The
20 plan shall: identify priorities, goals and objectives;
21 identify the resources necessary to implement the plan,
22 including estimates of resources needed to investigate or
23 otherwise process reports of suspected child abuse or neglect
24 and to provide necessary follow-up services for child
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1 protection, family preservation and family reunification in
2 "indicated" cases as determined under the Abused and Neglected
3 Child Reporting Act; make proposals for the most effective use
4 of existing resources to implement the plan, including
5 recommendations for the optimum use of private, local public,
6 State and federal resources; and propose strategies for the
7 development of additional resources to meet the goal of
8 reducing the incidence of child abuse and neglect and reducing
9 the number of reports of suspected child abuse and neglect
10 made to the Department.
11 (b) The administration of child abuse prevention, shelters
12 and service programs under subsection (a) shall be funded in
13 part by appropriations made from the DCFS Children's Services
14 Child Abuse Prevention Fund, which is hereby created in the
15 State Treasury, and in part by appropriations from the General
16 Revenue Fund. All interest earned on monies in the Child Abuse
17 Prevention Fund shall remain in such fund. The Department and
18 the State Treasurer may accept funds as provided by Sections
19 507 and 508 of the Illinois Income Tax Act and unsolicited
20 private donations for deposit into the Child Abuse Prevention
21 Fund. Annual requests for appropriations for the purpose of
22 providing child abuse and neglect prevention programs and
23 services under this Section shall be made in separate and
24 distinct line-items. In setting priorities for the direction
25 and scope of such programs, the Director shall be advised by
26 the State-wide Citizen's Committee on Child Abuse and Neglect.
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1 (c) (Blank).
2 (d) The Department shall have the power to make grants of
3 monies to fund comprehensive community-based services to
4 reduce the incidence of family dysfunction typified by child
5 abuse and neglect; to diminish those factors found to increase
6 family dysfunction; and to measure the effectiveness and costs
7 of such services.
8 (e) For implementing such intergovernmental cooperation
9 and involvement, units of local government and public and
10 private agencies may apply for and receive federal or State
11 funds from the Department under this Act or seek and receive
12 gifts from local philanthropic or other private local sources
13 in order to augment any State funds appropriated for the
14 purposes of this Act.
15 (e-5) The Department may establish and maintain locally
16 held funds to be individually known as the Youth in Care
17 Support Fund. Moneys in these funds shall be used for
18 purchases for the immediate needs of youth in care or for the
19 immediate support needs of youth, families, and caregivers
20 served by the Department. Moneys paid into funds shall be from
21 appropriations made to the DCFS Children's Services Fund.
22 Funds remaining in any Youth in Care Support Fund must be
23 returned to the DCFS Children's Services Fund upon
24 dissolution. Any warrant for payment to a vendor for the same
25 product or service for a youth in care shall be payable to the
26 Department to reimburse the immediate payment from the Youth
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1 in Care Support Fund.
2 (f) For the purposes of this Section:
3 (1) The terms "abused child" and "neglected child"
4 have meanings ascribed to them in Section 3 of the Abused
5 and Neglected Child Reporting Act.
6 (2) "Shelter" has the meaning ascribed to it in
7 Section 1-3 of the Juvenile Court Act of 1987.
8 (Source: P.A. 103-259, eff. 1-1-24; 103-588, eff. 1-1-25.)
9 Section 30-25. The Department of Natural Resources
10 (Conservation) Law of the Civil Administrative Code of
11 Illinois is amended by changing Section 805-72 as follows:
12 (20 ILCS 805/805-72)
13 Sec. 805-72. Lyme Disease Innovation Program.
14 (a) The Department shall consult with the Department of
15 Agriculture, the Department of Public Health, and members of
16 the University of Illinois' INHS Medical Entomology Program to
17 establish the Lyme Disease Innovation Program no later than
18 one year after August 11, 2023 (the effective date of Public
19 Act 103-557) this amendatory Act of the 103rd General
20 Assembly. The Department shall contract with an Illinois
21 not-for-profit organization whose purpose is to raise
22 awareness of tick-borne diseases with the public and the
23 medical community to operate the Program. The Program's
24 purpose is to raise awareness with the public and to assist
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1 persons at risk of Lyme disease and other tick-borne diseases
2 with education and awareness materials and campaigns while
3 developing evidence-based approaches that are cost-effective.
4 (b) The Program shall implement a statewide interagency
5 and multipronged approach to combat Lyme disease and other
6 tick-borne diseases in Illinois, including adopting an
7 evidence-based model that recognizes the key roles that
8 patients, advocates, and not-for-profit organizations have in
9 fighting Lyme disease and tick-borne diseases. The Program's
10 objectives include issuing grants, subject to the approval of
11 the Department, to State agencies and Illinois not-for profit
12 organizations from moneys in the Lyme Disease Awareness Fund,
13 which is hereby established as a special fund in the State
14 treasury, and other appropriations for the following purposes:
15 (1) Bringing awareness of Lyme disease and tick-borne
16 diseases by any one or more of the following methods:
17 (A) creating innovative ideas and collaborations
18 for raising awareness about risks and prevention;
19 (B) amplifying and improving access to essential
20 information supporting innovations in prevention,
21 education, and care with open data and science;
22 (C) fostering the development of new,
23 community-based education and prevention efforts; and
24 (D) using programs, website advertising,
25 pamphlets, or other methods to increase the awareness
26 of Lyme disease and tick-borne diseases;
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1 (2) Engaging stakeholders to facilitate
2 patient-centered innovations by (i) building trust among
3 stakeholders through listening sessions, roundtables, and
4 other learning approaches that ground innovations in lived
5 experience, (ii) engaging stakeholders in identifying
6 current areas of need to promote targeted innovations that
7 will make real-world improvements in quality of care, and
8 (iii) gaining insight into patient needs and priorities
9 through stakeholders' collective wisdom and applying that
10 wisdom in shaping future innovation challenges and events.
11 (3) Advancing stakeholder driven interdisciplinary and
12 interagency collaborations by providing resources to
13 not-for-profit organizations whose purpose is to raise
14 awareness of tick-borne diseases with the public and the
15 medical community in order to (i) facilitate the
16 stakeholder engagement and collaborations and
17 patient-centered innovations and support groups, (ii)
18 identify ways to better collect and share data while
19 raising awareness of tick-borne illnesses, and (iii)
20 assist with the development of outreach and education
21 materials and approaches for State agencies.
22 (4) The University of Illinois' INHS Medical
23 Entomology Program maintaining a passive tick and
24 tick-borne pathogen surveillance program, based on ticks
25 contributed by the Illinois public, and including tick
26 identifications and disease-agent testing of a subset of
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1 identified ticks; compiling evidence and conducting
2 research on tick bite prevention and risk of tick and
3 tick-borne pathogen exposure; and providing evidence,
4 results, and analysis and insight from both the passive
5 surveillance program, on tick species and tick-borne
6 disease-agent distributions and diversity in the State,
7 and its related research on tick bite exposure and
8 prevention, to support the Lyme Disease Innovation Program
9 objectives.
10 (c) The Program shall be funded through moneys deposited
11 into the Lyme Disease Awareness Fund and other appropriations
12 from any lawful source. The not-for-profit organization
13 contracted with to operate the Program shall be paid, subject
14 to the approval of the Department, for its operation of the
15 Program from moneys deposited into the Fund or from other
16 appropriations.
17 The University of Illinois' Prairie Research Institute
18 shall be paid, subject to the approval of the Department, for
19 the INHS Medical Entomology Program's operation of a passive
20 tick surveillance and research program from moneys deposited
21 into the Fund or from other appropriations.
22 (d) The Department must adopt rules to implement this
23 Section.
24 (e) The requirements of this Section are subject to
25 appropriation by the General Assembly being made to the
26 Department to implement the requirements.
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1 (Source: P.A. 103-557, eff. 8-11-23.)
2 Section 30-30. The 2-1-1 Service Act is amended by
3 changing Section 55 as follows:
4 (20 ILCS 1335/55)
5 Sec. 55. Use of moneys for projects and activities in
6 support of 2-1-1-eligible activities.
7 (a) The lead entity shall study, design, implement,
8 support, coordinate, and evaluate a statewide State-wide 2-1-1
9 system.
10 (b) Activities eligible for assistance from the Department
11 2-1-1 Account Fund include, but are not limited to:
12 (1) Creating a structure for a statewide State-wide
13 2-1-1 resources database that will meet the Alliance for
14 Information and Referral Systems standards for information
15 and referral systems databases and that will be integrated
16 with local resources databases maintained by approved
17 2-1-1 service providers.
18 (2) Developing a statewide State-wide resources
19 database for the 2-1-1 system.
20 (3) Maintaining public information available from
21 State agencies, departments, and programs that provide
22 health and human services for access by 2-1-1 service
23 providers.
24 (4) Providing grants to approved 2-1-1 service
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1 providers to design, develop, and implement 2-1-1 for its
2 2-1-1 service area.
3 (5) Providing grants to approved 2-1-1 service
4 providers to enable 2-1-1 service providers to provide and
5 evaluate 2-1-1 service delivery on an ongoing basis.
6 (6) Providing grants to approved 2-1-1 service
7 providers to enable the provision of 2-1-1 services on a
8 24-hours per-day, 7-days per-week basis.
9 (Source: P.A. 96-599, eff. 1-1-10.)
10 (20 ILCS 1335/50 rep.)
11 Section 30-35. The 2-1-1 Service Act is amended by
12 repealing Section 50.
13 Section 30-40. The Mental Health and Developmental
14 Disabilities Administrative Act is amended by changing Section
15 18.5 as follows:
16 (20 ILCS 1705/18.5)
17 Sec. 18.5. Community Developmental Disability Services
18 Medicaid Trust Fund; reimbursement.
19 (a) The Community Developmental Disability Services
20 Medicaid Trust Fund is hereby created in the State treasury.
21 (b) Beginning in State fiscal year 2019, funds in any
22 fiscal year in amounts not exceeding a total of $60,000,000
23 paid to the State by the federal government under Title XIX or
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1 Title XXI of the Social Security Act for services delivered by
2 community developmental disability services providers shall be
3 deposited into the Community Developmental Disability Services
4 Medicaid Trust Fund to pay for Medicaid-reimbursed community
5 developmental disability services provided to eligible
6 individuals.
7 (b-5) (Blank).
8 (b-7) The Community Developmental Disability Services
9 Medicaid Trust Fund is not subject to administrative
10 chargebacks charge-backs.
11 (b-9) (Blank).
12 (b-10) Whenever a State developmental disabilities
13 facility operated by the Department is closed and the real
14 estate on which the facility is located is sold by the State,
15 the net proceeds of the sale of the real estate shall be
16 deposited into the Community Developmental Disability Services
17 Medicaid Trust Fund and used for the purposes enumerated in
18 subsections (c) and (d) of Section 4.6 of the Community
19 Services Act.
20 (b-12) The Department may receive gifts, grants, and
21 donations from any public or private source in support of
22 community developmental disability services, which shall be
23 deposited into the Community Developmental Disability Services
24 Medicaid Trust Fund.
25 (c) For purposes of this Section:
26 "Trust Fund" means the Community Developmental Disability
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1 Services Medicaid Trust Fund.
2 "Medicaid-reimbursed developmental disability services"
3 means services provided by a community developmental
4 disability provider under an agreement with the Department
5 that is eligible for reimbursement under the federal Title XIX
6 program or Title XXI program.
7 "Provider" means a qualified entity as defined in the
8 State's Home and Community-Based Services Waiver for Persons
9 with Developmental Disabilities that is funded by the
10 Department to provide a Medicaid-reimbursed service.
11 (Source: P.A. 103-616, eff. 7-1-24.)
12 Section 30-45. The Department of Public Health Powers and
13 Duties Law of the Civil Administrative Code of Illinois is
14 amended by changing Sections 2310-350 and 2310-371.5 as
15 follows:
16 (20 ILCS 2310/2310-350) (was 20 ILCS 2310/55.70)
17 Sec. 2310-350. Penny Severns Breast, Cervical, and Ovarian
18 Cancer Research Fund. From funds appropriated from the Penny
19 Severns Breast, Cervical, and Ovarian Cancer Research Fund,
20 the Department shall award grants to eligible physicians,
21 hospitals, laboratories, education institutions, and other
22 organizations and persons to enable organizations and persons
23 to conduct research. Disbursements from the Penny Severns
24 Breast, Cervical, and Ovarian Cancer Research Fund for the
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1 purpose of ovarian cancer research shall be subject to
2 appropriations. For the purposes of this Section, "research"
3 includes, but is not limited to, expenditures to develop and
4 advance the understanding, techniques, and modalities
5 effective in early detection, prevention, cure, screening, and
6 treatment of breast, cervical, and ovarian cancer and may
7 include clinical trials.
8 Moneys received for the purposes of this Section,
9 including, but not limited to, income tax checkoff receipts
10 and gifts, grants, and awards from private foundations,
11 nonprofit organizations, other governmental entities, and
12 persons shall be deposited into the Penny Severns Breast,
13 Cervical, and Ovarian Cancer Research Fund, which is hereby
14 created as a special fund in the State treasury.
15 Notwithstanding any other provision of law, in addition to
16 any other transfers that may be provided by law, on June 30,
17 2026, or as soon thereafter as practical, the State
18 Comptroller shall direct and the State Treasurer shall
19 transfer the remaining balance from the Penny Severns Breast,
20 Cervical, and Ovarian Cancer Research Fund into the Carolyn
21 Adams Ticket For The Cure Grant Fund. Upon completion of the
22 transfers, the Penny Severns Breast, Cervical, and Ovarian
23 Cancer Research Fund is dissolved, and any future deposits due
24 to that Fund and any outstanding obligations or liabilities of
25 that Fund pass to the Carolyn Adams Ticket For The Cure Grant
26 Fund.
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1 The Department shall create an advisory committee with
2 members from, but not limited to, the Illinois Chapter of the
3 American Cancer Society, Y-Me, the Susan G. Komen Foundation,
4 and the State Board of Health for the purpose of awarding
5 research grants under this Section. Members of the advisory
6 committee shall not be eligible for any financial compensation
7 or reimbursement. The advisory committee is discontinued on
8 June 30, 2026.
9 This Section is repealed on January 1, 2027.
10 (Source: P.A. 94-119, eff. 1-1-06.)
11 (20 ILCS 2310/2310-371.5) (was 20 ILCS 2310/371)
12 Sec. 2310-371.5. Heartsaver AED Fund; grants. Subject to
13 appropriation, the Department of Public Health has the power
14 to make matching grants from the Heartsaver AED Fund, a
15 special fund created in the State treasury, to any school in
16 the State, public park district, forest preserve district,
17 conservation district, sheriff's office, municipal police
18 department, municipal recreation department, public library,
19 college, or university to assist in the purchase of an
20 Automated External Defibrillator. Applicants for AED grants
21 must demonstrate that they have funds to pay 50% of the cost of
22 the AEDs for which matching grant moneys are sought. Any
23 school, public park district, forest preserve district,
24 conservation district, sheriff's office, municipal police
25 department, municipal recreation department, public library,
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1 college, or university applying for the grant shall not
2 receive more than one grant from the Heartsaver AED Fund each
3 fiscal year. The State Treasurer shall accept and deposit into
4 the Fund all gifts, grants, transfers, appropriations, and
5 other amounts from any legal source, public or private, that
6 are designated for deposit into the Fund.
7 Notwithstanding any other provision of law, in addition to
8 any other transfers that may be provided by law, on June 30,
9 2026, or as soon thereafter as practical, the State
10 Comptroller shall direct and the State Treasurer shall
11 transfer the remaining balance from the Heartsaver AED Fund
12 into the General Revenue Fund. Upon completion of the
13 transfers, the Heartsaver AED Fund is dissolved, and any
14 future deposits due to that Fund and any outstanding
15 obligations or liabilities of that Fund pass to the General
16 Revenue Fund.
17 This Section is repealed on January 1, 2027.
18 (Source: P.A. 99-246, eff. 1-1-16; 99-501, eff. 3-18-16;
19 100-201, eff. 8-18-17.)
20 Section 30-50. The Rehabilitation of Persons with
21 Disabilities Act is amended by changing Section 5b as follows:
22 (20 ILCS 2405/5b)
23 Sec. 5b. Home Services Medicaid Trust Fund.
24 (a) The Home Services Medicaid Trust Fund is hereby
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1 created as a special fund in the State treasury.
2 (b) Amounts paid to the State during each State fiscal
3 year by the federal government under Title XIX or Title XXI of
4 the Social Security Act for services delivered in relation to
5 the Department's Home Services Program established pursuant to
6 Section 3 of this Act, beginning in State fiscal year 2019 in
7 amounts not exceeding a total of $234,000,000 in any State
8 fiscal year, and any interest earned thereon, shall be
9 deposited into the Fund. The Department may also receive
10 gifts, grants, and donations from any public or private source
11 in support of the Home Services Program, which shall be
12 deposited into the Fund.
13 (c) Moneys in the Fund may be used by the Department for
14 the purchase of services, and operational and administrative
15 expenses, in relation to the Home Services Program.
16 (Source: P.A. 99-143, eff. 7-27-15; 100-587, eff. 6-4-18.)
17 Section 30-55. The Illinois Criminal Justice Information
18 Act is amended by changing Sections 9.1 and 9.3 as follows:
19 (20 ILCS 3930/9.1)
20 Sec. 9.1. Criminal Justice Information Projects Fund. The
21 Criminal Justice Information Projects Fund is hereby created
22 as a special fund in the State Treasury. Grants and other
23 moneys obtained by the Authority from governmental entities
24 (other than the federal government), private sources, and
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1 not-for-profit organizations for use in investigating criminal
2 justice issues or undertaking other criminal justice
3 information projects, or pursuant to the uses identified in
4 Section 21.10 of the Illinois Lottery Law, shall be deposited
5 into the Fund. Moneys in the Fund may be used by the Authority,
6 subject to appropriation, for undertaking such projects and
7 for the operating and other expenses of the Authority
8 incidental to those projects, and for the costs associated
9 with making grants under Section 9.3 from the Prescription
10 Pill and Drug Disposal Fund. The moneys deposited into the
11 Criminal Justice Information Projects Fund under Sections
12 15-15 and 15-35 of the Criminal and Traffic Assessment Act
13 shall be appropriated to and administered by the Illinois
14 Criminal Justice Information Authority for distribution to
15 fund Illinois State Police drug task forces and Metropolitan
16 Enforcement Groups by dividing the funds equally by the total
17 number of Illinois State Police drug task forces and Illinois
18 Metropolitan Enforcement Groups. Any interest earned on moneys
19 in the Fund must be deposited into the Fund.
20 (Source: P.A. 101-81, eff. 7-12-19; 102-538, eff. 8-20-21.)
21 (20 ILCS 3930/9.3)
22 Sec. 9.3. The Prescription Pill and Drug Disposal Fund.
23 The Prescription Pill and Drug Disposal Fund is created as a
24 special fund in the State treasury. Moneys in the Fund shall be
25 used for grants by the Illinois Criminal Justice Information
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1 Authority to local law enforcement agencies for the purpose of
2 facilitating the collection, transportation, and incineration
3 of pharmaceuticals from residential sources that are collected
4 and transported by law enforcement agencies under Section
5 17.9A of the Environmental Protection Act; to municipalities
6 or organizations that establish containers designated for the
7 collection and disposal of unused controlled substances and
8 conduct collection of unused controlled substances through
9 mail-back programs; and for the publication or advertising of
10 collection events or mail-back programs conducted by
11 municipalities or organizations. Before awarding a grant from
12 this Fund but no later than July 1, 2016, the Authority shall
13 adopt rules that (i) specify the conditions under which grants
14 will be awarded from this Fund and (ii) otherwise provide for
15 the implementation and administration of the grant program
16 created by this Section. Interest attributable to moneys in
17 the Fund shall be paid into the Fund.
18 On July 1, 2025, or as soon thereafter as practical, the
19 State Comptroller shall direct and the State Treasurer shall
20 transfer the remaining balance from the Prescription Pill and
21 Drug Disposal Fund into the Criminal Justice Information
22 Projects Fund. Upon completion of the transfer, the
23 Prescription Pill and Drug Disposal Fund is dissolved, and any
24 future deposits due to that Fund and any outstanding
25 obligations or liabilities of that Fund shall pass to the
26 Criminal Justice Information Projects Fund.
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1 (Source: P.A. 99-480, eff. 9-9-15.)
2 Section 30-60. The Illinois State Auditing Act is amended
3 by changing Section 3-1 as follows:
4 (30 ILCS 5/3-1) (from Ch. 15, par. 303-1)
5 Sec. 3-1. Jurisdiction of Auditor General. The Auditor
6 General has jurisdiction over all State agencies to make post
7 audits and investigations authorized by or under this Act or
8 the Constitution.
9 The Auditor General has jurisdiction over local government
10 agencies and private agencies only:
11 (a) to make such post audits authorized by or under
12 this Act as are necessary and incidental to a post audit of
13 a State agency or of a program administered by a State
14 agency involving public funds of the State, but this
15 jurisdiction does not include any authority to review
16 local governmental agencies in the obligation, receipt,
17 expenditure or use of public funds of the State that are
18 granted without limitation or condition imposed by law,
19 other than the general limitation that such funds be used
20 for public purposes;
21 (b) to make investigations authorized by or under this
22 Act or the Constitution; and
23 (c) to make audits of the records of local government
24 agencies to verify actual costs of state-mandated programs
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1 when directed to do so by the Legislative Audit Commission
2 at the request of the State Board of Appeals under the
3 State Mandates Act.
4 In addition to the foregoing, the Auditor General may
5 conduct an audit of the Metropolitan Pier and Exposition
6 Authority, the Regional Transportation Authority, the Suburban
7 Bus Division, the Commuter Rail Division and the Chicago
8 Transit Authority and any other subsidized carrier when
9 authorized by the Legislative Audit Commission. Such audit may
10 be a financial, management or program audit, or any
11 combination thereof.
12 The audit shall determine whether they are operating in
13 accordance with all applicable laws and regulations. Subject
14 to the limitations of this Act, the Legislative Audit
15 Commission may by resolution specify additional determinations
16 to be included in the scope of the audit.
17 In addition to the foregoing, the Auditor General must
18 also conduct a financial audit of the Illinois Sports
19 Facilities Authority's expenditures of public funds in
20 connection with the reconstruction, renovation, remodeling,
21 extension, or improvement of all or substantially all of any
22 existing "facility", as that term is defined in the Illinois
23 Sports Facilities Authority Act.
24 The Auditor General may also conduct an audit, when
25 authorized by the Legislative Audit Commission, of any
26 hospital which receives 10% or more of its gross revenues from
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1 payments from the State of Illinois, Department of Healthcare
2 and Family Services (formerly Department of Public Aid),
3 Medical Assistance Program.
4 The Auditor General is authorized to conduct financial and
5 compliance audits of the Illinois Distance Learning Foundation
6 and the Illinois Conservation Foundation.
7 As soon as practical after August 18, 1995 (the effective
8 date of Public Act 89-386) this amendatory Act of 1995, the
9 Auditor General shall conduct a compliance and management
10 audit of the City of Chicago and any other entity with regard
11 to the operation of Chicago O'Hare International Airport,
12 Chicago Midway Airport and Merrill C. Meigs Field. The audit
13 shall include, but not be limited to, an examination of
14 revenues, expenses, and transfers of funds; purchasing and
15 contracting policies and practices; staffing levels; and
16 hiring practices and procedures. When completed, the audit
17 required by this paragraph shall be distributed in accordance
18 with Section 3-14.
19 The Auditor General shall conduct a financial and
20 compliance and program audit of distributions from the
21 Municipal Economic Development Fund during the immediately
22 preceding calendar year pursuant to Section 8-403.1 of the
23 Public Utilities Act at no cost to the city, village, or
24 incorporated town that received the distributions.
25 The Auditor General must conduct an audit of the Health
26 Facilities and Services Review Board pursuant to Section 19.5
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1 of the Illinois Health Facilities Planning Act.
2 The Auditor General of the State of Illinois shall
3 annually conduct or cause to be conducted a financial and
4 compliance audit of the books and records of any county water
5 commission organized pursuant to the Water Commission Act of
6 1985 and shall file a copy of the report of that audit with the
7 Governor and the Legislative Audit Commission. The filed audit
8 shall be open to the public for inspection. The cost of the
9 audit shall be charged to the county water commission in
10 accordance with Section 6z-27 of the State Finance Act. The
11 county water commission shall make available to the Auditor
12 General its books and records and any other documentation,
13 whether in the possession of its trustees or other parties,
14 necessary to conduct the audit required. These audit
15 requirements apply only through July 1, 2007.
16 The Auditor General must conduct audits of the Rend Lake
17 Conservancy District as provided in Section 25.5 of the River
18 Conservancy Districts Act.
19 The Auditor General must conduct financial audits of the
20 Southeastern Illinois Economic Development Authority as
21 provided in Section 70 of the Southeastern Illinois Economic
22 Development Authority Act.
23 The Auditor General shall conduct a compliance audit in
24 accordance with subsections (d) and (f) of Section 30 of the
25 Innovation Development and Economy Act.
26 (Source: P.A. 95-331, eff. 8-21-07; 96-31, eff. 6-30-09;
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1 96-939, eff. 6-24-10.)
2 Section 30-65. The State Finance Act is amended by
3 changing Sections 5.28, 5.119, 5.137, 5.147, 5.282, 5.362,
4 5.464, 5.515, 5.563, 5.569, 5.613, 5.640, 5.733, 5.772, 5.801,
5 5.806, 5.825, 5.873, 5.883, 5.968, 6b-4, 6z-95, 6z-135, 8.36,
6 8g, and 8q as follows:
7 (30 ILCS 105/5.28) (from Ch. 127, par. 141.28)
8 Sec. 5.28. The Illinois Veterans' Rehabilitation Fund.
9 This Section is repealed on January 1, 2027.
10 (Source: Laws 1919, p. 946.)
11 (30 ILCS 105/5.119) (from Ch. 127, par. 141.119)
12 Sec. 5.119. The Youth Drug Abuse Prevention Fund. This
13 Section is repealed on January 1, 2027.
14 (Source: P.A. 87-342.)
15 (30 ILCS 105/5.137)
16 Sec. 5.137. The Low-Level Radioactive Waste Facility
17 Closure, Post-Closure Care and Compensation Fund. This Section
18 is repealed on January 1, 2026.
19 (Source: P.A. 99-933, eff. 1-27-17.)
20 (30 ILCS 105/5.147) (from Ch. 127, par. 141.147)
21 Sec. 5.147. The Child Abuse Prevention Fund. This Section
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1 is repealed on January 1, 2026.
2 (Source: P.A. 83-1362.)
3 (30 ILCS 105/5.282) (from Ch. 127, par. 141.282)
4 Sec. 5.282. The Youth Alcoholism and Substance Abuse
5 Prevention Fund. This Section is repealed on January 1, 2027.
6 (Source: P.A. 86-983; 86-1028.)
7 (30 ILCS 105/5.362)
8 Sec. 5.362. The Penny Severns Breast, Cervical, and
9 Ovarian Cancer Research Fund. This Section is repealed on
10 January 1, 2027.
11 (Source: P.A. 94-119, eff. 1-1-06.)
12 (30 ILCS 105/5.464)
13 Sec. 5.464. Police Training Board Services Fund. This
14 Section is repealed on January 1, 2027.
15 (Source: P.A. 90-259, eff. 7-30-97; 90-655, eff. 7-30-98.)
16 (30 ILCS 105/5.515)
17 Sec. 5.515. The Airport Land Loan Revolving Fund. This
18 Section is repealed on January 1, 2026.
19 (Source: P.A. 91-543, eff. 8-14-99; 92-16, eff. 6-28-01.)
20 (30 ILCS 105/5.563)
21 Sec. 5.563. The Illinois Animal Abuse Fund. This Section
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1 is repealed on January 1, 2027.
2 (Source: P.A. 92-454, eff. 1-1-02; 92-651, eff. 7-11-02.)
3 (30 ILCS 105/5.569)
4 Sec. 5.569. The National Guard and Naval Militia Grant
5 Fund. This Section is repealed on January 1, 2027.
6 (Source: P.A. 94-1020, eff. 7-11-06.)
7 (30 ILCS 105/5.613)
8 Sec. 5.613. The Secretary of State Police DUI Fund. This
9 Section is repealed on January 1, 2026.
10 (Source: P.A. 95-331, eff. 8-21-07.)
11 (30 ILCS 105/5.640)
12 Sec. 5.640. The Heartsaver AED Fund. This Section is
13 repealed on January 1, 2027.
14 (Source: P.A. 95-331, eff. 8-21-07.)
15 (30 ILCS 105/5.733)
16 Sec. 5.733. The Illinois EMS Memorial Scholarship and
17 Training Fund. This Section is repealed on January 1, 2026.
18 (Source: P.A. 96-591, eff. 8-18-09; 96-1000, eff. 7-2-10.)
19 (30 ILCS 105/5.772)
20 Sec. 5.772. The St. Jude Children's Research Fund. This
21 Section is repealed on January 1, 2026.
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1 (Source: P.A. 96-1377, eff. 1-1-11; 97-333, eff. 8-12-11.)
2 (30 ILCS 105/5.801)
3 Sec. 5.801. The Illinois Department of Corrections Parole
4 Division Offender Supervision Fund. This Section is repealed
5 on January 1, 2026.
6 (Source: P.A. 97-262, eff. 8-5-11; 97-813, eff. 7-13-12.)
7 (30 ILCS 105/5.806)
8 Sec. 5.806. The Prescription Pill and Drug Disposal Fund.
9 This Section is repealed on January 1, 2026.
10 (Source: P.A. 97-545, eff. 1-1-12; 97-813, eff. 7-13-12.)
11 (30 ILCS 105/5.825)
12 Sec. 5.825. The Housing for Families Fund. This Section is
13 repealed on January 1, 2027.
14 (Source: P.A. 97-1117, eff. 8-27-12; 98-463, eff. 8-16-13.)
15 (30 ILCS 105/5.873)
16 Sec. 5.873. The Autism Care Fund. This Section is repealed
17 on January 1, 2027.
18 (Source: P.A. 99-423, eff. 8-20-15; 99-642, eff. 7-28-16.)
19 (30 ILCS 105/5.883)
20 Sec. 5.883. The BHE Data and Research Cost Recovery Fund.
21 This Section is repealed on January 1, 2027.
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1 (Source: P.A. 100-417, eff. 8-25-17; 100-863, eff. 8-14-18.)
2 (30 ILCS 105/5.968)
3 Sec. 5.968. The Law Enforcement Recruitment and Retention
4 Fund. This Section is repealed on January 1, 2027.
5 (Source: P.A. 102-755, eff. 5-10-22; 103-154, eff. 6-30-23.)
6 (30 ILCS 105/6b-4) (from Ch. 127, par. 142b4)
7 Sec. 6b-4. On the second Monday of every month, the
8 Director of Public Health shall certify to the State
9 Comptroller and the State Treasurer the amount generated by
10 the issuance of commemorative birth certificates under
11 subsection (14) of Section 25 of the Vital Records Act in
12 excess of the costs incurred in issuing the documents. Within
13 15 days of receipt of the certification required by this
14 Section, the State Comptroller and the State Treasurer shall
15 transfer from the General Revenue Fund, one-half of the amount
16 certified as being received from the issuance of commemorative
17 birth certificates to the DCFS Children's Services Child Abuse
18 Prevention Fund and one-half of the amount to the Domestic
19 Violence Shelter and Service Fund.
20 The State Treasurer shall deposit into the Domestic
21 Violence Shelter and Service Fund each assessment received
22 under the Criminal and Traffic Assessment Act.
23 The State Treasurer shall deposit into the Sexual Assault
24 Services Fund and the Domestic Violence Shelter and Service
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1 Fund each of those fines received from circuit clerks under
2 Section 5-9-1.7 of the Unified Code of Corrections in
3 accordance with the provisions of that Section.
4 (Source: P.A. 100-987, eff. 7-1-19.)
5 (30 ILCS 105/6z-95)
6 Sec. 6z-95. The Housing for Families Fund; creation. The
7 Housing for Families Fund is created as a special fund in the
8 State treasury. Moneys in the Fund shall be used by the
9 Department of Human Services to make grants to public or
10 private not-for-profit entities for the purpose of building
11 new housing for low income, working poor, low credit, and no
12 credit families and families with disabilities. For the
13 purposes of this Section, "low income", "working poor",
14 "families with disabilities", "low credit", and "no credit
15 families" shall be defined by the Department of Human Services
16 by rule. Notwithstanding any other provision of law to the
17 contrary and in addition to any other transfers that may be
18 provided by law, on June 30, 2026, or as soon thereafter as
19 practical, the State Comptroller shall direct and the State
20 Treasurer shall transfer the remaining balance from the
21 Housing for Families Fund into the Homelessness Prevention
22 Revenue Fund. Upon completion of the transfer, the Housing for
23 Families Fund is dissolved, and any future deposits due to
24 that Fund and any outstanding obligations or liabilities of
25 that Fund pass to the Homelessness Prevention Revenue Fund.
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1 This Section is repealed on January 1, 2027.
2 (Source: P.A. 99-143, eff. 7-27-15.)
3 (30 ILCS 105/6z-135)
4 Sec. 6z-135. The Law Enforcement Recruitment and Retention
5 Fund.
6 (a) The Law Enforcement Recruitment and Retention Fund is
7 hereby created as a special fund in the State Treasury.
8 (b) Subject to appropriation, moneys in the Law
9 Enforcement Recruitment and Retention Fund shall be used by
10 the Illinois Law Enforcement Training Standards Board to award
11 grants to units of local government, public institutions of
12 higher education, and qualified nonprofit entities for the
13 purpose of hiring and retaining law enforcement officers.
14 (c) When awarding grants, the Board shall prioritize:
15 (1) grants that will be used to hire, retain, or hire
16 and retain law enforcement officers in underserved areas
17 and areas experiencing the most need;
18 (2) achieving demographic and geographic diversity of
19 law enforcement officers that are recruited or hired by
20 applicants that are awarded grants;
21 (3) maximizing the effects of moneys spent on the
22 actual recruitment and retention of law enforcement
23 officers; and
24 (4) providing grants that can impact multiple
25 employers.
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1 (d) Moneys received for the purposes of this Section,
2 including, but not limited to, fee receipts, gifts, grants,
3 and awards from any public or private entity, must be
4 deposited into the Fund. Any interest earned on moneys in the
5 Fund must be deposited into the Fund.
6 (e) The Illinois Law Enforcement Training Standards Board
7 may, by rule, set requirements for the distribution of grant
8 moneys and determine which entities are eligible.
9 (f) The Illinois Law Enforcement Training Standards Board
10 shall consider compliance with the Uniform Crime Reporting Act
11 as a factor in awarding grant moneys.
12 (g) As used in this Section, "qualified nonprofit entity"
13 means a nonprofit entity, as defined by the Board by rule, that
14 has established experience in recruitment and retention of law
15 enforcement officers in Illinois.
16 (h) On June 30, 2026, or as soon thereafter as practical,
17 the State Comptroller shall direct and the State Treasurer
18 shall transfer the remaining balance from the Law Enforcement
19 Recruitment and Retention Fund into the Law Enforcement
20 Training Fund. Upon completion of the transfer, the Law
21 Enforcement Recruitment and Retention Fund is dissolved, and
22 any future deposits due to that Fund and any outstanding
23 obligations or liabilities of that Fund shall pass to the Law
24 Enforcement Training Fund.
25 (Source: P.A. 102-755, eff. 5-10-22; 103-154, eff. 6-30-23.)
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1 (30 ILCS 105/8.36)
2 Sec. 8.36. Airport Land Loan Revolving Fund.
3 Appropriations for loans to public airport owners by the
4 Department of Transportation pursuant to Section 34b of the
5 Illinois Aeronautics Act shall be payable from the Airport
6 Land Loan Revolving Fund. This Section is repealed on January
7 1, 2026.
8 (Source: P.A. 91-543, eff. 8-14-99; 92-16, eff. 6-28-01.)
9 (30 ILCS 105/8g)
10 Sec. 8g. Fund transfers.
11 (a) (Blank).
12 (b) (Blank).
13 (c) In addition to any other transfers that may be
14 provided for by law, on August 30 of each fiscal year's license
15 period, the Illinois Liquor Control Commission shall direct
16 and the State Comptroller and State Treasurer shall transfer
17 from the General Revenue Fund to the Youth Alcoholism and
18 Substance Abuse Prevention Fund an amount equal to the number
19 of retail liquor licenses issued for that fiscal year
20 multiplied by $50. This subsection (c) is inoperative after
21 June 30, 2026.
22 (d) The payments to programs required under subsection (d)
23 of Section 28.1 of the Illinois Horse Racing Act of 1975 shall
24 be made, pursuant to appropriation, from the special funds
25 referred to in the statutes cited in that subsection, rather
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1 than directly from the General Revenue Fund.
2 Beginning January 1, 2000, on the first day of each month,
3 or as soon as may be practical thereafter, the State
4 Comptroller shall direct and the State Treasurer shall
5 transfer from the General Revenue Fund to each of the special
6 funds from which payments are to be made under subsection (d)
7 of Section 28.1 of the Illinois Horse Racing Act of 1975 an
8 amount equal to 1/12 of the annual amount required for those
9 payments from that special fund, which annual amount shall not
10 exceed the annual amount for those payments from that special
11 fund for the calendar year 1998. The special funds to which
12 transfers shall be made under this subsection (d) include, but
13 are not necessarily limited to, the Agricultural Premium Fund;
14 the Metropolitan Exposition, Auditorium and Office Building
15 Fund, but only through fiscal year 2021 and not thereafter;
16 the Fair and Exposition Fund; the Illinois Standardbred
17 Breeders Fund; the Illinois Thoroughbred Breeders Fund; and
18 the Illinois Veterans' Rehabilitation Fund, but only through
19 fiscal year 2026 and not thereafter. Except for transfers
20 attributable to prior fiscal years, during State fiscal year
21 2020 only, no transfers shall be made from the General Revenue
22 Fund to the Agricultural Premium Fund, the Fair and Exposition
23 Fund, the Illinois Standardbred Breeders Fund, or the Illinois
24 Thoroughbred Breeders Fund.
25 (Source: P.A. 101-10, eff. 6-5-19; 102-16, eff. 6-17-21;
26 102-558, eff. 8-20-21.)
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1 (30 ILCS 105/8q)
2 Sec. 8q. Illinois Department of Corrections Parole
3 Division Offender Supervision Fund.
4 (a) The Illinois Department of Corrections Parole Division
5 Offender Supervision Fund is created as a special fund in the
6 State treasury.
7 (b) All moneys collected and payable to the Department of
8 Corrections and deposited into the Illinois Department of
9 Corrections Parole Division Offender Supervision Fund shall be
10 appropriated to and administered by the Department of
11 Corrections for operations and initiatives to combat and
12 supervise paroled offenders in the community.
13 (c) The Illinois Department of Corrections Parole Division
14 Offender Supervision Fund shall not be subject to
15 administrative chargebacks.
16 (d) On July 1, 2025, or as soon thereafter as practical,
17 the State Comptroller shall direct and the State Treasurer
18 shall transfer the remaining balance from the Illinois
19 Department of Corrections Parole Division Offender Supervision
20 Fund into the Department of Corrections Reimbursement and
21 Education Fund. Upon completion of the transfer, the Illinois
22 Department of Corrections Parole Division Offender Supervision
23 Fund is dissolved, and any future deposits due to that Fund and
24 any outstanding obligations or liabilities of that Fund pass
25 to the Department of Corrections Reimbursement and Education
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1 Fund. This Section is repealed on January 1, 2026.
2 (Source: P.A. 100-987, eff. 7-1-19.)
3 (30 ILCS 105/5.734 rep.)
4 (30 ILCS 105/5.762 rep.)
5 (30 ILCS 105/5.860 rep.)
6 (30 ILCS 105/5.874 rep.)
7 (30 ILCS 105/5.882 rep.)
8 (30 ILCS 105/5.1009 rep.)
9 (30 ILCS 105/6z-103 rep.)
10 (30 ILCS 105/8.34 rep.)
11 (30 ILCS 105/8.35 rep.)
12 Section 30-70. The State Finance Act is amended by
13 repealing Sections 5.734, 5.762, 5.860, 5.874, 5.882, 5.1009,
14 6z-103, 8.34, and 8.35.
15 Section 30-75. The General Obligation Bond Act is amended
16 by changing Section 4 as follows:
17 (30 ILCS 330/4) (from Ch. 127, par. 654)
18 Sec. 4. Transportation. The amount of $27,048,062,400 is
19 authorized for use by the Department of Transportation for the
20 specific purpose of promoting and assuring rapid, efficient,
21 and safe highway, air and mass transportation for the
22 inhabitants of the State by providing monies, including the
23 making of grants and loans, for the acquisition, construction,
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1 reconstruction, extension and improvement of the following
2 transportation facilities and equipment, and for the
3 acquisition of real property and interests in real property
4 required or expected to be required in connection therewith as
5 follows:
6 (a) $11,921,354,200 for State highways, arterial highways,
7 freeways, roads, bridges, structures separating highways and
8 railroads and roads, bridges on roads maintained by counties,
9 municipalities, townships, or road districts, and grants to
10 counties, municipalities, townships, or road districts for
11 planning, engineering, acquisition, construction,
12 reconstruction, development, improvement, extension, and all
13 construction-related expenses of the public infrastructure and
14 other transportation improvement projects for the following
15 specific purposes:
16 (1) $9,819,221,200 for use statewide,
17 (2) $3,677,000 for use outside the Chicago urbanized
18 area,
19 (3) $7,543,000 for use within the Chicago urbanized
20 area,
21 (4) $13,060,600 for use within the City of Chicago,
22 (5) $58,991,500 for use within the counties of Cook,
23 DuPage, Kane, Lake, McHenry and Will,
24 (6) $18,860,900 for use outside the counties of Cook,
25 DuPage, Kane, Lake, McHenry and Will, and
26 (7) $2,000,000,000 for use on projects included in
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1 either (i) the FY09-14 Proposed Highway Improvement
2 Program as published by the Illinois Department of
3 Transportation in May 2008 or (ii) the FY10-15 Proposed
4 Highway Improvement Program to be published by the
5 Illinois Department of Transportation in the spring of
6 2009; except that all projects must be maintenance
7 projects for the existing State system with the goal of
8 reaching 90% acceptable condition in the system statewide
9 and further except that all projects must reflect the
10 generally accepted historical distribution of projects
11 throughout the State.
12 (b) $5,966,379,900 for rail facilities and for mass
13 transit facilities, as defined in Section 2705-305 of the
14 Department of Transportation Law, including rapid transit,
15 rail, bus and other equipment used in connection therewith by
16 the State or any unit of local government, special
17 transportation district, municipal corporation or other
18 corporation or public authority authorized to provide and
19 promote public transportation within the State or 2 two or
20 more of the foregoing jointly, for the following specific
21 purposes:
22 (1) $4,387,063,600 statewide,
23 (2) $83,350,000 for use within the counties of Cook,
24 DuPage, Kane, Lake, McHenry and Will,
25 (3) $12,450,000 for use outside the counties of Cook,
26 DuPage, Kane, Lake, McHenry and Will, and
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1 (4) $1,000,916,300 for use on projects that shall
2 reflect the generally accepted historical distribution of
3 projects throughout the State.
4 (c) $482,600,000 for airport or aviation facilities and
5 any equipment used in connection therewith, including
6 engineering and land acquisition costs, by the State or any
7 unit of local government, special transportation district,
8 municipal corporation or other corporation or public authority
9 authorized to provide public transportation within the State,
10 or 2 two or more of the foregoing acting jointly, and for the
11 making of deposits into the Airport Land Loan Revolving Fund
12 for loans to public airport owners pursuant to the Illinois
13 Aeronautics Act.
14 (d) $4,660,328,300 for use statewide for State or local
15 highways, arterial highways, freeways, roads, bridges, and
16 structures separating highways and railroads and roads, and
17 for grants to counties, municipalities, townships, or road
18 districts for planning, engineering, acquisition,
19 construction, reconstruction, development, improvement,
20 extension, and all construction-related expenses of the public
21 infrastructure and other transportation improvement projects
22 which are related to economic development in the State of
23 Illinois.
24 (e) $4,500,000,000 for use statewide for grade crossings,
25 port facilities, airport facilities, rail facilities, and mass
26 transit facilities, as defined in Section 2705-305 of the
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1 Department of Transportation Law of the Civil Administrative
2 Code of Illinois, including rapid transit, rail, bus and other
3 equipment used in connection therewith by the State or any
4 unit of local government, special transportation district,
5 municipal corporation or other corporation or public authority
6 authorized to provide and promote public transportation within
7 the State or 2 two or more of the foregoing jointly.
8 (Source: P.A. 101-30, eff. 6-28-19.)
9 Section 30-80. The Illinois Income Tax Act is amended by
10 changing Section 507FFF as follows:
11 (35 ILCS 5/507FFF)
12 Sec. 507FFF. Autism Care Fund checkoff. For taxable years
13 ending on or after December 31, 2015, the Department must
14 print on its standard individual income tax form a provision
15 (i) indicating that if the taxpayer wishes to contribute to
16 the Autism Care Fund, a special fund created in the State
17 treasury, for the purpose of donating to the Autism Society of
18 Illinois, as authorized by Public Act 99-423 this amendatory
19 Act of the 99th General Assembly, he or she may do so by
20 stating the amount of the contribution (not less than $1) on
21 the return and (ii) stating that the contribution will reduce
22 the taxpayer's refund or increase the amount of payment to
23 accompany the return. Failure to remit any amount of increased
24 payment shall reduce the contribution accordingly.
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1 Notwithstanding any other provision of law, moneys deposited
2 into the Autism Care Fund from contributions under this
3 Section shall be used by the Department of Human Services to
4 make grants to the Autism Society of Illinois. This Section
5 does not apply to any amended return. Notwithstanding any
6 other provision of law, on June 30, 2026, or as soon thereafter
7 as practical, the State Comptroller shall direct and the State
8 Treasurer shall transfer the remaining balance from the Autism
9 Care Fund into the Autism Awareness Fund. Upon completion of
10 the transfers, the Autism Care Fund is dissolved, and any
11 future deposits due to that Fund and any outstanding
12 obligations or liabilities of that Fund shall pass to the
13 Autism Awareness Fund. This Section is repealed on January 1,
14 2027.
15 (Source: P.A. 99-423, eff. 8-20-15.)
16 (35 ILCS 5/507L rep.)
17 (35 ILCS 5/507CCC rep.)
18 (35 ILCS 5/507DDD rep.)
19 (35 ILCS 5/508 rep.)
20 Section 30-85. The Illinois Income Tax Act is amended by
21 repealing Sections 507L, 507CCC, 507DDD, and 508.
22 Section 30-90. The Law Enforcement Intern Training Act is
23 amended by changing Section 25 as follows:
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1 (50 ILCS 708/25)
2 Sec. 25. Program revenues Police Training Board Services
3 Fund. The Board shall charge, collect, or receive fees,
4 tuition, or moneys from persons electing to enter the Law
5 Enforcement Intern Training Program or the Correctional
6 Officer Intern Program equivalent to the costs of providing
7 personnel, equipment, services, and training to law
8 enforcement interns that, in the judgment judgement of the
9 Board, are in the best interest of the State.
10 Through June 30, 2026, all All fees or moneys received by
11 the Board under this Act shall be deposited into in a special
12 fund in the State Treasury to be known as the Police Training
13 Board Services Fund. The moneys deposited into in the Police
14 Training Board Services Fund shall be appropriated to the
15 Board for expenses of the Board for the administration and
16 conduct of training. Beginning June 30, 2026, all fees or
17 moneys received by the Board under this Act shall be deposited
18 into the Law Enforcement Training Fund.
19 On June 30, 2026, or as soon thereafter as practical, the
20 State Comptroller shall direct and the State Treasurer shall
21 transfer the remaining balance from the Police Training Board
22 Services Fund into the Law Enforcement Training Fund. Upon
23 completion of the transfer, the Police Training Board Services
24 Fund is dissolved, and any future deposits due to that Fund and
25 any outstanding obligations or liabilities of that Fund pass
26 to the Law Enforcement Training Fund.
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1 (Source: P.A. 101-577, eff. 8-23-19.)
2 Section 30-95. The Metropolitan Pier and Exposition
3 Authority Act is amended by changing Section 13.3 as follows:
4 (70 ILCS 210/13.3)
5 Sec. 13.3. MPEA Reserve Fund. There is hereby created the
6 MPEA Reserve Fund in the State Treasury. If any amount of the
7 2010 deficiency amount is paid to the State Treasurer pursuant
8 to paragraph (3) of subsection (g) of Section 13 or Section
9 13.2 on any date after July 6, 2017 (the effective date of
10 Public Act 100-23) this amendatory Act of the 100th General
11 Assembly, the Comptroller shall order transferred, and the
12 Treasurer shall transfer an equal amount from the General
13 Revenue Fund into the MPEA Reserve Fund. Amounts in the MPEA
14 Reserve Fund shall be administered by the Treasurer as
15 follows:
16 (a) On July 1 of each fiscal year, the State Treasurer
17 shall transfer from the MPEA Reserve Fund to the General
18 Revenue Fund an amount equal to 100% of any post-2010
19 deficiency amount.
20 (b) Notwithstanding subsection (a) of this Section,
21 any amounts in the MPEA Reserve Fund may be appropriated
22 by law for any other authorized purpose.
23 (c) All amounts in the MPEA Reserve Fund shall be
24 deposited into the General Revenue Fund when bonds and
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1 notes issued under Section 13.2, including bonds and notes
2 issued to refund those bonds and notes, are no longer
3 outstanding.
4 Notwithstanding any other provision of law, on July 1,
5 2025, or as soon thereafter as practical, the State
6 Comptroller shall direct and the State Treasurer shall
7 transfer the remaining balance from the MPEA Reserve Fund into
8 the General Revenue Fund. Upon completion of the transfer, the
9 MPEA Reserve Fund is dissolved, and any future deposits due to
10 that Fund and any outstanding obligations or liabilities of
11 that Fund pass to the General Revenue Fund. This Section is
12 repealed on January 1, 2026.
13 (Source: P.A. 100-23, eff. 7-6-17.)
14 Section 30-100. The School Code is amended by changing
15 Section 22-83 as follows:
16 (105 ILCS 5/22-83)
17 Sec. 22-83. Police training academy job training program.
18 (a) In a county of 175,000 or more inhabitants, any school
19 district with a high school may establish one or more
20 partnerships with a local police department, county sheriff,
21 or police training academy to establish a jobs training
22 program for high school students. The school district shall
23 establish its partnership or partnerships on behalf of all of
24 the high schools in the district; no high school shall
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1 establish a partnership for this purpose separate from the
2 school district's partnership under this Section. The jobs
3 training program shall be open to all students, regardless of
4 prior academic history. However, to encourage and maintain
5 successful program participation and partnerships, the school
6 districts and their partner agencies may impose specific
7 program requirements.
8 (b) The State Board of Education shall track participation
9 and the success of students participating in the jobs training
10 program established under this Section and annually publish a
11 report on its website examining the program and its success.
12 (c) Participating counties, school districts, and law
13 enforcement partners may seek federal, State, and private
14 funds to support the police training academy job training and
15 scholarship programs established under Section 65.95 of the
16 Higher Education Student Assistance Act and this Section.
17 (Source: P.A. 100-331, eff. 1-1-18.)
18 Section 30-105. The Board of Higher Education Act is
19 amended by changing Section 9.36 as follows:
20 (110 ILCS 205/9.36)
21 Sec. 9.36. Processing fee.
22 (a) The Board may collect a fee to cover the cost of
23 processing and handling individual student-level data requests
24 pursuant to an approved data sharing agreement. The fee shall
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1 not be assessed on any entities that are complying with State
2 or federal-mandated reporting. The fee shall be set by the
3 Board by rule. Money from the fee shall be deposited into the
4 BHE Data and Research Cost Recovery Fund.
5 (b) The Board may not provide personally identifiable
6 information on individual students except in the case where an
7 approved data sharing agreement is signed that includes
8 specific requirements for safeguarding the privacy and
9 security of any personally identifiable information in
10 compliance with the federal Family Educational Rights and
11 Privacy Act of 1974.
12 (c) The BHE Data and Research Cost Recovery Fund is
13 created as a special fund in the State treasury. The Board
14 shall deposit into the Fund moneys received from processing
15 requests for individual student-level data. All moneys in the
16 Fund shall be used by the Board, subject to appropriation, for
17 costs associated with maintaining and updating the individual
18 student-level data systems.
19 (d) On June 30, 2026, or as soon thereafter as practical,
20 the State Comptroller shall direct and the State Treasurer
21 shall transfer the remaining balance from the BHE Data and
22 Research Cost Recovery Fund into the General Revenue Fund.
23 Upon completion of the transfer, the BHE Data and Research
24 Cost Recovery Fund is dissolved, and any future deposits due
25 to that Fund and any outstanding obligations or liabilities of
26 that Fund shall pass to the General Revenue Fund.
HB1075 Enrolled - 426 - LRB104 03072 BDA 13090 b
1 (Source: P.A. 100-417, eff. 8-25-17.)
2 Section 30-110. The Higher Education Student Assistance
3 Act is amended by changing Sections 45 and 65.95 as follows:
4 (110 ILCS 947/45)
5 Sec. 45. Illinois National Guard and Naval Militia grant
6 program.
7 (a) As used in this Section:
8 "State-controlled State controlled university or community
9 college" means those institutions under the administration of
10 the Chicago State University Board of Trustees, the Eastern
11 Illinois University Board of Trustees, the Governors State
12 University Board of Trustees, the Illinois State University
13 Board of Trustees, the Northeastern Illinois University Board
14 of Trustees, the Northern Illinois University Board of
15 Trustees, the Western Illinois University Board of Trustees,
16 Southern Illinois University Board of Trustees, University of
17 Illinois Board of Trustees, or the Illinois Community College
18 Board.
19 "Tuition and fees" does shall not include expenses for any
20 sectarian or denominational instruction, the construction or
21 maintenance of sectarian or denominational facilities, or any
22 other sectarian or denominational purposes or activity.
23 "Fees" means matriculation, graduation, activity, term, or
24 incidental fees. Exemption shall not be granted from any other
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1 fees, including book rental, service, laboratory, supply, and
2 union building fees, hospital and medical insurance fees, and
3 any fees established for the operation and maintenance of
4 buildings, the income of which is pledged to the payment of
5 interest and principal on bonds issued by the governing board
6 of any university or community college.
7 (b) Any person who has served at least one year in the
8 Illinois National Guard or the Illinois Naval Militia and who
9 possesses all necessary entrance requirements shall, upon
10 application and proper proof, be awarded a grant to the
11 State-controlled university or community college of his or her
12 choice, consisting of exemption from tuition and fees for not
13 more than the equivalent of 4 years of full-time enrollment,
14 including summer terms, in relation to his or her course of
15 study at that State-controlled State controlled university or
16 community college while he or she is a member of the Illinois
17 National Guard or the Illinois Naval Militia. Beginning with
18 the 2013-2014 academic year, any person who has served over 10
19 years in the Illinois National Guard shall be awarded an
20 additional grant to the State-controlled university or
21 community college of his or her choice, consisting of an
22 exemption from tuition and fees for not more than the
23 equivalent of an additional 2 years of full-time enrollment,
24 including summer terms. Except as otherwise provided in this
25 Section, if the recipient of any grant awarded under this
26 Section ceases to be a member of the Illinois National Guard or
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1 the Illinois Naval Militia while enrolled in a course of study
2 under that grant, the grant shall be terminated as of the date
3 membership in the Illinois National Guard or the Illinois
4 Naval Militia ended, and the recipient shall be permitted to
5 complete the school term in which he or she is then enrolled
6 only upon payment of tuition and other fees allocable to the
7 part of the term then remaining. If the recipient of a grant
8 awarded under this Section ceases to be a member of the
9 Illinois National Guard or the Illinois Naval Militia while
10 enrolled in a course of study under that grant but (i) has
11 served in the Illinois National Guard or the Illinois Naval
12 Militia for at least 5 years and (ii) has served a cumulative
13 total of at least 6 months of active duty, then that recipient
14 shall continue to be eligible for a grant for one year after
15 membership in the Illinois National Guard or the Illinois
16 Naval Militia ended, provided that the recipient has not
17 already received the exemption from tuition and fees for the
18 equivalent of 4 years of full-time enrollment, including
19 summer terms, under this Section. If the recipient of the
20 grant fails to complete his or her military service
21 obligations or requirements for satisfactory participation,
22 the Department of Military Affairs shall require the recipient
23 to repay the amount of the grant received, prorated according
24 to the fraction of the service obligation not completed, and,
25 if applicable, reasonable collection fees. The Department of
26 Military Affairs may adopt rules relating to its collection
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1 activities for repayment of the grant under this Section.
2 Unsatisfactory participation shall be defined by rules adopted
3 by the Department of Military Affairs. Repayments shall be
4 deposited into in the National Guard and Naval Militia Grant
5 Fund. The National Guard and Naval Militia Grant Fund is
6 created as a special fund in the State treasury. All money in
7 the National Guard and Naval Militia Grant Fund shall be used,
8 subject to appropriation, by the Illinois Student Assistance
9 Commission for the purposes of this Section. On June 30, 2026,
10 or as soon thereafter as practical, the State Comptroller
11 shall direct and the State Treasurer shall transfer the
12 remaining balance from the National Guard and Naval Militia
13 Grant Fund into the General Revenue Fund. Upon completion of
14 the transfer, the National Guard and Naval Militia Grant Fund
15 is dissolved, and any future deposits due to that Fund and any
16 outstanding obligations or liabilities of that Fund shall pass
17 to the General Revenue Fund.
18 A grant awarded under this Section shall be considered an
19 entitlement which the State-controlled university or community
20 college in which the holder is enrolled shall honor without
21 any condition other than the holder's maintenance of minimum
22 grade levels and a satisfactory student loan repayment record
23 pursuant to subsection (c) of Section 20 of this Act.
24 (c) Subject to a separate appropriation for such purposes,
25 the Commission may reimburse the State-controlled university
26 or community college for grants authorized by this Section.
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1 (Source: P.A. 98-314, eff. 8-12-13.)
2 (110 ILCS 947/65.95)
3 Sec. 65.95. Police training academy job training
4 scholarship program.
5 (a) The Commission shall, each year, receive applications
6 for scholarships under this Section. An applicant is eligible
7 for a scholarship under this Section if the Commission finds
8 that the applicant has successfully completed the police
9 training academy job training program established under
10 Section 22-83 of the School Code and been accepted to a public
11 institution of higher learning in the State.
12 (b) Applicants who are determined to be eligible for
13 assistance under this Section shall receive, subject to
14 appropriation from the Police Training Academy Job Training
15 Program and Scholarship Fund, a renewable scholarship to be
16 applied to tuition and mandatory fees and paid directly to the
17 public institution of higher learning at which the applicant
18 is enrolled. However, the total amount of assistance awarded
19 by the Commission under this Section to an individual in any
20 fiscal year, when added to other financial assistance awarded
21 by the Commission to that individual for that fiscal year,
22 must not exceed the cost of attendance at the institution of
23 higher learning at which the student is enrolled.
24 (c) A scholarship awarded under this Section may be
25 renewed for a total of up to 4 years of full-time enrollment.
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1 The Commission may by rule set the academic requirements
2 necessary to maintain participation in the program.
3 (d) Students granted a scholarship under this Section
4 shall be granted access to any needed noncredit remedial
5 courses in order to ensure academic success at the public
6 institution of higher learning. Students granted a scholarship
7 under this Section shall also be admitted to a student
8 retention program offered by the public institution of higher
9 learning, including, but not limited to, any CHANCE program
10 the public institution may have established.
11 (e) The Commission shall make all necessary and proper
12 rules not inconsistent with this Section for its effective
13 implementation.
14 (Source: P.A. 100-331, eff. 1-1-18.)
15 Section 30-115. The Public Utilities Act is amended by
16 changing Section 8-403.1 as follows:
17 (220 ILCS 5/8-403.1) (from Ch. 111 2/3, par. 8-403.1)
18 Sec. 8-403.1. Electricity purchased from qualified solid
19 waste energy facility; tax credit; distributions for economic
20 development.
21 (a) It is hereby declared to be the policy of this State to
22 encourage the development of alternate energy production
23 facilities in order to conserve our energy resources and to
24 provide for their most efficient use.
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1 (b) For the purpose of this Section and Section 9-215.1,
2 "qualified solid waste energy facility" means a facility
3 determined by the Illinois Commerce Commission to qualify as
4 such under the Local Solid Waste Disposal Act, to use methane
5 gas generated from landfills as its primary fuel, and to
6 possess characteristics that would enable it to qualify as a
7 cogeneration or small power production facility under federal
8 law.
9 (c) In furtherance of the policy declared in this Section,
10 the Illinois Commerce Commission shall require electric
11 utilities to enter into long-term contracts to purchase
12 electricity from qualified solid waste energy facilities
13 located in the electric utility's service area, for a period
14 beginning on the date that the facility begins generating
15 electricity and having a duration of not less than 10 years in
16 the case of facilities fueled by landfill-generated methane,
17 or 20 years in the case of facilities fueled by methane
18 generated from a landfill owned by a forest preserve district.
19 The purchase rate contained in such contracts shall be equal
20 to the average amount per kilowatt-hour paid from time to time
21 by the unit or units of local government in which the
22 electricity generating facilities are located, excluding
23 amounts paid for street lighting and pumping service.
24 (d) Whenever a public utility is required to purchase
25 electricity pursuant to subsection (c) above, it shall be
26 entitled to credits in respect of its obligations to remit to
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1 the State taxes it has collected under the Electricity Excise
2 Tax Law equal to the amounts, if any, by which payments for
3 such electricity exceed (i) the then current rate at which the
4 utility must purchase the output of qualified facilities
5 pursuant to the federal Public Utility Regulatory Policies Act
6 of 1978, less (ii) any costs, expenses, losses, damages or
7 other amounts incurred by the utility, or for which it becomes
8 liable, arising out of its failure to obtain such electricity
9 from such other sources. The amount of any such credit shall,
10 in the first instance, be determined by the utility, which
11 shall make a monthly report of such credits to the Illinois
12 Commerce Commission and, on its monthly tax return, to the
13 Illinois Department of Revenue. Under no circumstances shall a
14 utility be required to purchase electricity from a qualified
15 solid waste energy facility at the rate prescribed in
16 subsection (c) of this Section if such purchase would result
17 in estimated tax credits that exceed, on a monthly basis, the
18 utility's estimated obligation to remit to the State taxes it
19 has collected under the Electricity Excise Tax Law. The owner
20 or operator shall negotiate facility operating conditions with
21 the purchasing utility in accordance with that utility's
22 posted standard terms and conditions for small power
23 producers. If the Department of Revenue disputes the amount of
24 any such credit, such dispute shall be decided by the Illinois
25 Commerce Commission. Whenever a qualified solid waste energy
26 facility has paid or otherwise satisfied in full the capital
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1 costs or indebtedness incurred in developing and implementing
2 the qualified solid waste energy facility, whenever the
3 qualified solid waste energy facility ceases to operate and
4 produce electricity from methane gas generated from landfills,
5 or at the end of the contract entered into pursuant to
6 subsection (c) of this Section, whichever occurs first, the
7 qualified solid waste energy facility shall reimburse the
8 Public Utility Fund and the General Revenue Fund in the State
9 treasury for the actual reduction in payments to those Funds
10 caused by this subsection (d) in a manner to be determined by
11 the Illinois Commerce Commission and based on the manner in
12 which revenues for those Funds were reduced. The payments
13 shall be made to the Illinois Commerce Commission, which shall
14 determine the appropriate disbursements to the Public Utility
15 Fund and the General Revenue Fund based on this subsection
16 (d).
17 (e) The Illinois Commerce Commission shall not require an
18 electric utility to purchase electricity from any qualified
19 solid waste energy facility which is owned or operated by an
20 entity that is primarily engaged in the business of producing
21 or selling electricity, gas, or useful thermal energy from a
22 source other than one or more qualified solid waste energy
23 facilities.
24 (e-5) A qualified solid waste energy facility may receive
25 the purchase rate provided in subsection (c) of this Section
26 only for kilowatt-hours generated by the use of methane gas
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1 generated from landfills. The purchase rate provided in
2 subsection (c) of this Section does not apply to electricity
3 generated by the use of a fuel that is not methane gas
4 generated from landfills. If the Illinois Commerce Commission
5 determines that a qualified solid waste energy facility has
6 violated the requirement regarding the use of methane gas
7 generated from a landfill as set forth in this subsection
8 (e-5), then the Commission shall issue an order requiring that
9 the qualified solid waste energy facility repay the State for
10 all dollar amounts of electricity sales that are determined by
11 the Commission to be the result of the violation. As part of
12 that order, the Commission shall have the authority to revoke
13 the facility's approval to act as a qualified solid waste
14 energy facility granted by the Commission under this Section.
15 If the amount owed by the qualified solid waste energy
16 facility is not received by the Commission within 90 days
17 after the date of the Commission's order that requires
18 repayment, then the Commission shall issue an order that
19 revokes the facility's approval to act as a qualified solid
20 waste energy facility granted by the Commission under this
21 Section. The Commission's action that vacates prior qualified
22 solid waste energy facility approval does not excuse the
23 repayment to the State treasury required by subsection (d) of
24 this Section for utility tax credits accumulated up to the
25 time of the Commission's action. A qualified solid waste
26 energy facility must receive Commission approval before it may
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1 use any fuel in addition to methane gas generated from a
2 landfill in order to generate electricity. If a qualified
3 solid waste energy facility petitions the Commission to use
4 any fuel in addition to methane gas generated from a landfill
5 to generate electricity, then the Commission shall have the
6 authority to do the following:
7 (1) establish the methodology for determining the
8 amount of electricity that is generated by the use of
9 methane gas generated from a landfill and the amount that
10 is generated by the use of other fuel;
11 (2) determine all reporting requirements for the
12 qualified solid waste energy facility that are necessary
13 for the Commission to determine the amount of electricity
14 that is generated by the use of methane gas from a landfill
15 and the amount that is generated by the use of other fuel
16 and the resulting payments to the qualified solid waste
17 energy facility; and
18 (3) require that the qualified solid waste energy
19 facility, at the qualified solid waste energy facility's
20 expense, install metering equipment that the Commission
21 determines is necessary to enforce compliance with this
22 subsection (e-5).
23 A public utility that is required to enter into a
24 long-term purchase contract with a qualified solid waste
25 energy facility has no duty to determine whether the
26 electricity being purchased was generated by the use of
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1 methane gas generated from a landfill or was generated by the
2 use of some other fuel in violation of the requirements of this
3 subsection (e-5).
4 (f) This Section does not require an electric utility to
5 construct additional facilities unless those facilities are
6 paid for by the owner or operator of the affected qualified
7 solid waste energy facility.
8 (g) The Illinois Commerce Commission shall require that:
9 (1) electric utilities use the electricity purchased from a
10 qualified solid waste energy facility to displace electricity
11 generated from nuclear power or coal mined and purchased
12 outside the boundaries of the State of Illinois before
13 displacing electricity generated from coal mined and purchased
14 within the State of Illinois, to the extent possible, and (2)
15 electric utilities report annually to the Commission on the
16 extent of such displacements.
17 (h) Nothing in this Section is intended to cause an
18 electric utility that is required to purchase power hereunder
19 to incur any economic loss as a result of its purchase. All
20 amounts paid for power which a utility is required to purchase
21 pursuant to subparagraph (c) shall be deemed to be costs
22 prudently incurred for purposes of computing charges under
23 rates authorized by Section 9-220 of this Act. Tax credits
24 provided for herein shall be reflected in charges made
25 pursuant to rates so authorized to the extent such credits are
26 based upon a cost which is also reflected in such charges.
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1 (i) (Blank). Beginning in February 1999 and through
2 January 2013, each qualified solid waste energy facility that
3 sells electricity to an electric utility at the purchase rate
4 described in subsection (c) shall file with the Department of
5 Revenue on or before the 15th of each month a form, prescribed
6 by the Department of Revenue, that states the number of
7 kilowatt hours of electricity for which payment was received
8 at that purchase rate from electric utilities in Illinois
9 during the immediately preceding month. This form shall be
10 accompanied by a payment from the qualified solid waste energy
11 facility in an amount equal to six-tenths of a mill ($0.0006)
12 per kilowatt hour of electricity stated on the form. Beginning
13 on the effective date of this amendatory Act of the 92nd
14 General Assembly, a qualified solid waste energy facility must
15 file the form required under this subsection (i) before the
16 15th of each month regardless of whether the facility received
17 any payment in the previous month. Payments received by the
18 Department of Revenue shall be deposited into the Municipal
19 Economic Development Fund, a trust fund created outside the
20 State treasury. The State Treasurer may invest the moneys in
21 the Fund in any investment authorized by the Public Funds
22 Investment Act, and investment income shall be deposited into
23 and become part of the Fund. Moneys in the Fund shall be used
24 by the State Treasurer as provided in subsection (j).
25 Beginning on July 1, 2006 through January 31, 2013, each
26 month the State Treasurer shall certify the following to the
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1 State Comptroller:
2 (A) the amount received by the Department of Revenue
3 under this subsection (i) during the immediately preceding
4 month; and
5 (B) the amount received by the Department of Revenue
6 under this subsection (i) in the corresponding month in
7 calendar year 2002.
8 As soon as practicable after receiving the certification from
9 the State Treasurer, the State Comptroller shall transfer from
10 the General Revenue Fund to the Municipal Economic Development
11 Fund in the State treasury an amount equal to the amount by
12 which the amount calculated under item (B) of this paragraph
13 exceeds the amount calculated under item (A) of this
14 paragraph, if any.
15 The obligation of a qualified solid waste energy facility
16 to make payments into the Municipal Economic Development Fund
17 shall terminate upon either: (1) expiration or termination of
18 a facility's contract to sell electricity to an electric
19 utility at the purchase rate described in subsection (c); or
20 (2) entry of an enforceable, final, and non-appealable order
21 by a court of competent jurisdiction that Public Act 89-448 is
22 invalid. Payments by a qualified solid waste energy facility
23 into the Municipal Economic Development Fund do not relieve
24 the qualified solid waste energy facility of its obligation to
25 reimburse the Public Utility Fund and the General Revenue Fund
26 for the actual reduction in payments to those Funds as a result
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1 of credits received by electric utilities under subsection
2 (d).
3 A qualified solid waste energy facility that fails to
4 timely file the requisite form and payment as required by this
5 subsection (i) shall be subject to penalties and interest in
6 conformance with the provisions of the Illinois Uniform
7 Penalty and Interest Act.
8 Every qualified solid waste energy facility subject to the
9 provisions of this subsection (i) shall keep and maintain
10 records and books of its sales pursuant to subsection (c),
11 including payments received from those sales and the
12 corresponding tax payments made in accordance with this
13 subsection (i), and for purposes of enforcement of this
14 subsection (i) all such books and records shall be subject to
15 inspection by the Department of Revenue or its duly authorized
16 agents or employees.
17 When a qualified solid waste energy facility fails to file
18 the form or make the payment required under this subsection
19 (i), the Department of Revenue, to the extent that it is
20 practical, may enforce the payment obligation in a manner
21 consistent with Section 5 of the Retailers' Occupation Tax
22 Act, and if necessary may impose and enforce a tax lien in a
23 manner consistent with Sections 5a, 5b, 5c, 5d, 5e, 5f, 5g, and
24 5i of the Retailers' Occupation Tax Act. No tax lien may be
25 imposed or enforced, however, unless a qualified solid waste
26 energy facility fails to make the payment required under this
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1 subsection (i). Only to the extent necessary and for the
2 purpose of enforcing this subsection (i), the Department of
3 Revenue may secure necessary information from a qualified
4 solid waste energy facility in a manner consistent with
5 Section 10 of the Retailers' Occupation Tax Act.
6 All information received by the Department of Revenue in
7 its administration and enforcement of this subsection (i)
8 shall be confidential in a manner consistent with Section 11
9 of the Retailers' Occupation Tax Act. The Department of
10 Revenue may adopt rules to implement the provisions of this
11 subsection (i).
12 For purposes of implementing the maximum aggregate
13 distribution provisions in subsections (j) and (k), when a
14 qualified solid waste energy facility makes a late payment to
15 the Department of Revenue for deposit into the Municipal
16 Economic Development Fund, that payment and deposit shall be
17 attributed to the month and corresponding quarter in which the
18 payment should have been made, and the Treasurer shall make
19 retroactive distributions or refunds, as the case may be,
20 whenever such late payments so require.
21 (j) (Blank). The State Treasurer, without appropriation,
22 must make distributions immediately after January 15, April
23 15, July 15, and October 15 of each year, up to maximum
24 aggregate distributions of $500,000 for the distributions made
25 in the 4 quarters beginning with the April distribution and
26 ending with the January distribution, from the Municipal
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1 Economic Development Fund to each city, village, or
2 incorporated town located in Cook County that has approved
3 construction within its boundaries of an incinerator that will
4 burn recovered wood processed for fuel to generate electricity
5 and will commence operation after 2009. Total distributions in
6 the aggregate to all qualified cities, villages, and
7 incorporated towns in the 4 quarters beginning with the April
8 distribution and ending with the January distribution shall
9 not exceed $500,000. The amount of each distribution shall be
10 determined pro rata based on the population of the city,
11 village, or incorporated town compared to the total population
12 of all cities, villages, and incorporated towns eligible to
13 receive a distribution. Distributions received by a city,
14 village, or incorporated town must be held in a separate
15 account and may be used only to promote and enhance
16 industrial, commercial, residential, service, transportation,
17 and recreational activities and facilities within its
18 boundaries, thereby enhancing the employment opportunities,
19 public health and general welfare, and economic development
20 within the community, including administrative expenditures
21 exclusively to further these activities. Distributions may
22 also be used for cleanup of open dumping from vacant
23 properties and the removal of structures condemned by the
24 city, village, or incorporated town. These funds, however,
25 shall not be used by the city, village, or incorporated town,
26 directly or indirectly, to purchase, lease, operate, or in any
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1 way subsidize the operation of any incinerator, and these
2 funds shall not be paid, directly or indirectly, by the city,
3 village, or incorporated town to the owner, operator, lessee,
4 shareholder, or bondholder of any incinerator. Moreover, these
5 funds shall not be used to pay attorneys fees in any litigation
6 relating to the validity of Public Act 89-448. Nothing in this
7 Section prevents a city, village, or incorporated town from
8 using other corporate funds for any legitimate purpose. For
9 purposes of this subsection, the term "municipal waste" has
10 the meaning ascribed to it in Section 3.290 of the
11 Environmental Protection Act.
12 (k) (Blank). If maximum aggregate distributions of
13 $500,000 under subsection (j) have been made after the January
14 distribution from the Municipal Economic Development Fund,
15 then the balance in the Fund shall be refunded to the qualified
16 solid waste energy facilities that made payments that were
17 deposited into the Fund during the previous 12-month period.
18 The refunds shall be prorated based upon the facility's
19 payments in relation to total payments for that 12-month
20 period.
21 (l) (Blank). Beginning January 1, 2000, and each January 1
22 thereafter, each city, village, or incorporated town that
23 received distributions from the Municipal Economic Development
24 Fund, continued to hold any of those distributions, or made
25 expenditures from those distributions during the immediately
26 preceding year shall submit to a financial and compliance and
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1 program audit of those distributions performed by the Auditor
2 General at no cost to the city, village, or incorporated town
3 that received the distributions. The audit should be completed
4 by June 30 or as soon thereafter as possible. The audit shall
5 be submitted to the State Treasurer and those officers
6 enumerated in Section 3-14 of the Illinois State Auditing Act.
7 If the Auditor General finds that distributions have been
8 expended in violation of this Section, the Auditor General
9 shall refer the matter to the Attorney General. The Attorney
10 General may recover, in a civil action, 3 times the amount of
11 any distributions illegally expended. For purposes of this
12 subsection, the terms "financial audit," "compliance audit",
13 and "program audit" have the meanings ascribed to them in
14 Sections 1-13 and 1-15 of the Illinois State Auditing Act.
15 (m) On and after June 6, 2006 (the effective date of Public
16 Act 94-836) this amendatory Act of the 94th General Assembly,
17 beginning on the first date on which renewable energy
18 certificates or other salable saleable representations are
19 sold by a qualified solid waste energy facility, with or
20 without the electricity generated by the facility, and
21 utilized by an electric utility or another electric supplier
22 to comply with a renewable energy portfolio standard mandated
23 by Illinois law or mandated by order of the Illinois Commerce
24 Commission, that qualified solid waste energy facility may not
25 sell electricity pursuant to this Section and shall be exempt
26 from the requirements of subsections (a) through (l) of this
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1 Section, except that it shall remain obligated for any
2 reimbursements required under subsection (d) of this Section.
3 All of the provisions of this Section shall remain in full
4 force and effect with respect to any qualified solid waste
5 energy facility that sold electric energy pursuant to this
6 Section at any time before July 1, 2006 and that does not sell
7 renewable energy certificates or other salable saleable
8 representations to meet the requirements of a renewable energy
9 portfolio standard mandated by Illinois law or mandated by
10 order of the Illinois Commerce Commission.
11 (n) Notwithstanding any other provision of law to the
12 contrary, beginning on July 1, 2006, the Illinois Commerce
13 Commission shall not issue any order determining that a
14 facility is a qualified solid waste energy facility unless the
15 qualified solid waste energy facility was determined by the
16 Illinois Commerce Commission to be a qualified solid waste
17 energy facility before July 1, 2006. As a guide to the intent,
18 interpretation, and application of Public Act 94-836 this
19 amendatory Act of the 94th General Assembly, it is hereby
20 declared to be the policy of this State to honor each qualified
21 solid waste energy facility contract in existence on June 6,
22 2006 (the effective date of Public Act 94-836) this amendatory
23 Act of the 94th General Assembly if the qualified solid waste
24 energy facility continues to meet the requirements of this
25 Section for the duration of its respective contract term.
26 (Source: P.A. 96-449, eff. 8-14-09.)
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1 Section 30-120. The Illinois Horse Racing Act of 1975 is
2 amended by adding Section 57 as follows:
3 (230 ILCS 5/57 new)
4 Sec. 57. Fund dissolution. Notwithstanding any other
5 provision of law to the contrary and in addition to any other
6 transfers that may be provided by law, on June 30, 2026, or as
7 soon thereafter as practical, the State Comptroller shall
8 direct and the State Treasurer shall transfer the remaining
9 balance from the Illinois Veterans' Rehabilitation Fund into
10 the General Revenue Fund. Upon completion of the transfer, the
11 Illinois Veterans' Rehabilitation Fund is dissolved, and any
12 future deposits due to that Fund and any outstanding
13 obligations or liabilities of that Fund pass to the General
14 Revenue Fund. This Section is repealed on January 1, 2027.
15 (305 ILCS 43/Act rep.)
16 Section 30-125. The Farmers' Market Technology Improvement
17 Program Act is repealed.
18 Section 30-130. The Illinois Pesticide Act is amended by
19 changing Sections 13.2, 22.2, and 22.3 as follows:
20 (415 ILCS 60/13.2)
21 Sec. 13.2. Agrichemical facility.
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1 (a) An agrichemical facility located within the State of
2 Illinois that was not in existence during the years 1991,
3 1992, and 1993 and therefore did not pay the registration fee
4 of $500 per year per agrichemical facility for those years may
5 make a one-time payment of $1,500 to the Department of
6 Agriculture for deposit into the Pesticide Control
7 Agrichemical Incident Response Trust Fund to meet the
8 eligibility requirement of subdivision (2) of subsection (a)
9 of Section 22.3 of this Act. The payment must be received by
10 the Department of Agriculture prior to an incident for which
11 reimbursement is sought under Section 22.3 to qualify for
12 eligibility under subdivision (2) of subsection (a) of Section
13 22.3.
14 (b) An agrichemical facility located within the State of
15 Illinois that was not in existence during the years 1991,
16 1992, and 1993 and therefore did not pay the registration fee
17 of $500 per year per agrichemical facility for those years may
18 also meet the eligibility requirement of subdivision (2) of
19 subsection (a) of Section 22.3 of this Act through the
20 transfer of eligibility from a facility under the same
21 ownership whose operations were discontinued after 1993 and
22 replaced by the new facility. To qualify for the eligibility
23 transfer, the owner must submit a written request for the
24 eligibility transfer to the Department of Agriculture, must
25 have paid the $500 registration fee for each of the years 1991,
26 1992, and 1993 for the original facility, and completed all
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1 closure requirements contained in rules promulgated by the
2 Department of Agriculture. Upon receipt of the eligibility
3 transfer request, the Department of Agriculture shall review
4 the submittal and all related containment facility files and
5 shall notify the owner whether eligibility can be transferred.
6 (c) An agrichemical facility located within the State of
7 Illinois that was in existence during the years 1991, 1992,
8 and 1993 but did not pay the registration fee of $500 per year
9 per agrichemical facility for those years may make payment of
10 the unremitted balance to the Department of Agriculture for
11 deposit into the Pesticide Control Agrichemical Incident
12 Response Trust Fund to meet the eligibility requirement of
13 subdivision (2) of subsection (a) of Section 22.3 of this Act.
14 The payment must be received by the Department of Agriculture
15 prior to an incident for which reimbursement is sought under
16 Section 22.3 to qualify for eligibility under subdivision (2)
17 of subsection (a) of Section 22.3.
18 (d) The moneys collected under this Section shall be
19 deposited into the Pesticide Control Agrichemical Incident
20 Response Trust Fund.
21 (e) For purposes of this Section, "agrichemical facility"
22 means a site:
23 (1) used for commercial purposes,
24 (A) where bulk pesticides are stored in a single
25 container in excess of 300 gallons of liquid pesticide
26 or 300 pounds of dry pesticide for more than 30 days
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1 per year; or
2 (B) where more than 300 gallons of liquid
3 pesticide or 300 pounds of dry pesticide are being
4 mixed, repackaged, or transferred from one container
5 to another within a 30 day period; and
6 (2) that serves at a point in the pesticide
7 distribution chain immediately prior to final use.
8 (Source: P.A. 90-403, eff. 8-15-97.)
9 (415 ILCS 60/22.2) (from Ch. 5, par. 822.2)
10 Sec. 22.2. (a) There is hereby created a trust fund in the
11 State Treasury to be known as the Agrichemical Incident
12 Response Trust Fund. Any funds received by the Director of
13 Agriculture from the mandates of Section 13.1 shall be
14 deposited with the Treasurer as ex officio ex-officio
15 custodian and held separate and apart from any public money of
16 this State, with accruing interest on the trust funds
17 deposited into the trust fund. Disbursement from the fund for
18 purposes as set forth in this Section shall be by voucher
19 ordered by the Director and paid by a warrant drawn by the
20 State Comptroller and countersigned by the State Treasurer.
21 The Director shall order disbursements from the Agrichemical
22 Incident Response Trust Fund only for payment of the expenses
23 authorized by this Act. Monies in this trust fund shall not be
24 subject to appropriation by the General Assembly but shall be
25 subject to audit by the Auditor General. Should the program be
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1 terminated, all unobligated funds in the trust fund shall be
2 transferred to a trust fund to be used for purposes as
3 originally intended or be transferred to the Pesticide Control
4 Fund. Interest earned on the Fund shall be deposited into in
5 the Fund. Monies in the Fund may be used by the Department of
6 Agriculture for the following purposes:
7 (1) for payment of costs of response action incurred
8 by owners or operators of agrichemical facilities as
9 provided in Section 22.3 of this Act;
10 (2) for the Department to take emergency action in
11 response to a release of agricultural pesticides from an
12 agrichemical facility that has created an imminent threat
13 to public health or the environment;
14 (3) for the costs of administering its activities
15 relative to the Fund as delineated in subsections (b) and
16 (c) of this Section; and
17 (4) for the Department to:
18 (A) (blank); and
19 (B) administer the Agrichemical Facility Response
20 Action Program.
21 The total annual expenditures from the Fund for these
22 purposes under this paragraph (4) shall not be more than
23 $120,000, and no expenditure from the Fund for these
24 purposes shall be made when the Fund balance becomes less
25 than $750,000.
26 (b) The action undertaken shall be such as may be
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1 necessary or appropriate to protect human health or the
2 environment.
3 (c) The Director of Agriculture is authorized to enter
4 into contracts and agreements as may be necessary to carry out
5 the Department's duties under this Section.
6 (d) Neither the State, the Director, nor any State
7 employee shall be liable for any damages or injury arising out
8 of or resulting from any action taken under this Section.
9 (e) (Blank).
10 (f) On July 1, 2025, or as soon thereafter as practical,
11 the State Comptroller shall direct and the State Treasurer
12 shall transfer the remaining balance from the Agrichemical
13 Incident Response Trust Fund into the Pesticide Control Fund.
14 Upon completion of the transfer, the Agrichemical Incident
15 Response Trust Fund is dissolved, and any future deposits due
16 to that Fund and any outstanding obligations or liabilities of
17 that Fund shall pass to the Pesticide Control Fund.
18 (Source: P.A. 98-692, eff. 7-1-14.)
19 (415 ILCS 60/22.3) (from Ch. 5, par. 822.3)
20 Sec. 22.3. (a) An owner or operator of an agrichemical
21 facility is eligible to receive money from the Pesticide
22 Control Agrichemical Incident Response Trust Fund for costs of
23 response action only if all of the following requirements are
24 satisfied:
25 (1) the owner or operator has provided notification of
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1 the release as required by law;
2 (2) the owner or operator was current with payment of
3 all fees required under Section 13.1 at the time of the
4 incident;
5 (3) the costs of response action were incurred by the
6 owner or operator as a result of an incident involving a
7 release of an agricultural pesticide at an agrichemical
8 facility in Illinois.
9 (b) The Department shall not approve payment of costs of
10 response action to an owner or operator which would result in
11 the payment of funds from the Pesticide Control Agrichemical
12 Incident Response Trust Fund in excess of $500,000 during a
13 calendar year. The Department shall not approve any payment
14 from the Fund to reimburse an owner or operator for costs of
15 response action incurred by such owner or operator in an
16 amount in excess of $500,000 per incident.
17 (c) Notwithstanding subsection (a) or (b), no owner or
18 operator is eligible to receive money from the Fund unless the
19 owner or operator demonstrates to the Department that, at the
20 time of the incident, the agrichemical facility was in
21 compliance with requirements adopted by the Department for
22 secondary containment of agrichemicals.
23 (d)(1) Costs of response action incurred by an owner or
24 operator relating to an incident which occurred prior to
25 the effective date of this Section are not eligible for
26 payment or reimbursement under this Section.
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1 (2) Costs of response action incurred by an owner or
2 operator prior to reporting the incident as required by
3 law are not eligible for payment or reimbursement under
4 this Section.
5 (3) Costs of response action incurred by an owner or
6 operator which have been paid under a policy of insurance
7 shall not be eligible for payment or reimbursement under
8 this Section.
9 (e) Requests for partial or final payment for claims under
10 this Section shall be sent to the Department and partial or
11 final payment shall be made only if all of the following are
12 satisfied:
13 (1) The owner or operator is eligible under
14 subsections (a) and (c) of this Section;
15 (2) Approval of the payments requested will not result
16 in the limitations set forth in subsection (b) of this
17 Section being exceeded;
18 (3) The owner or operator provides an accounting of
19 all costs, demonstrates the costs to be reasonable, and
20 provides either proof of payment of such costs or
21 demonstrates the financial need for joint payment to the
22 owner or operator and the owner's or operator's contractor
23 in order to pay such costs;
24 (4) The owner or operator demonstrates that the
25 response action taken was necessary and appropriate.
26 (f) If an owner or operator submits a claim or claims to
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1 the Department for approval under this Section, the Department
2 shall deduct from the amount approved a total of $50,000 plus
3 10% of the total response costs incurred by that owner or
4 operator, but in no event shall the Department deduct in
5 excess of $100,000 for each agrichemical facility for which a
6 claim is submitted. This deductible amount shall apply
7 annually for each agrichemical facility at which costs were
8 incurred under a claim submitted pursuant to this Section.
9 (g)(1) Upon receipt of notification from the Department
10 that the requirements of this Section have been met, the
11 Department shall make payment to the owner or operator of
12 the amount approved by the Department. If there is
13 insufficient money in the Fund to make payment in full of a
14 claim submitted for reimbursement, the Department may make
15 partial payment until such time as sufficient money in the
16 Fund becomes available.
17 (2) In no case shall the Fund or the State of Illinois
18 be liable to pay claims or requests for costs of response
19 action if money in the Fund is insufficient to meet such
20 claims or requests.
21 (h) Payment of any amount from the Fund for response
22 action shall be subject to the State of Illinois acquiring, by
23 subrogation, the rights of any owner or operator to recover
24 the costs of response action for which the Fund has
25 compensated the owner or operator from the person responsible
26 or liable for the release.
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1 (i)(1) Nothing in this Section shall be construed to
2 authorize recovery for costs of response action for any
3 release authorized or permitted pursuant to State or
4 federal law.
5 (2) Nothing in this Section shall be construed to
6 authorize recovery for costs of response action as the
7 result of the storage, handling and use, or recommendation
8 for storage, handling and use, of a pesticide consistent
9 with:
10 (A) its directions for storage, handling and use
11 as stated in its label or labeling;
12 (B) its warning and cautions as stated in its
13 label or labeling; and
14 (C) the uses for which it is registered under the
15 federal Insecticide, Fungicide and Rodenticide Act and
16 the Illinois Pesticide Act.
17 (j) For purposes of this Section and Section 22.2:
18 (1) "Agrichemical facility" means a site:
19 (A) used for commercial purposes
20 (i) where bulk pesticides are stored in a
21 single container in excess of 300 gallons of
22 liquid pesticide or 300 pounds of dry pesticide
23 for more than 30 days per year, or
24 (ii) where more than 300 gallons of liquid
25 pesticide or 300 pounds of dry pesticide are being
26 mixed, repackaged, or transferred from one
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1 container to another within a 30 day period; and
2 (B) that serves at a point in the pesticide
3 distribution chain immediately prior to final use.
4 (2) "Response action" means an action to stop,
5 eliminate, contain, or mitigate a release of agricultural
6 pesticides and its effects at an agrichemical facility as
7 may be necessary or appropriate to protect human health
8 and the environment.
9 (3) "Incident" means a flood, fire, tornado, on-site
10 transportation accident, equipment malfunction, storage
11 container rupture, leak, spill, discharge, escape, or
12 other event that suddenly releases an agricultural
13 pesticide into the environment and that creates an
14 imminent threat to public health or the environment.
15 (4) "Release" means any spilling, leaking, pumping,
16 pouring, emitting, emptying, discharging, injecting,
17 escaping, leaching, dumping, or disposing into the
18 environment.
19 (Source: P.A. 86-1172; 87-128.)
20 Section 30-135. The Illinois Low-Level Radioactive Waste
21 Management Act is amended by changing Sections 14, 15, 17, and
22 21 as follows:
23 (420 ILCS 20/14) (from Ch. 111 1/2, par. 241-14)
24 Sec. 14. Waste management funds.
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1 (a) There is hereby created in the State Treasury a
2 special fund to be known as the "Low-Level Radioactive Waste
3 Facility Development and Operation Fund". All monies within
4 the Low-Level Radioactive Waste Facility Development and
5 Operation Fund shall be invested by the State Treasurer in
6 accordance with established investment practices. Interest
7 earned by such investment shall be returned to the Low-Level
8 Radioactive Waste Facility Development and Operation Fund. The
9 Except as otherwise provided in this subsection, the Agency
10 shall deposit 80% of all receipts from the fees required under
11 subsections (a) and (b) of Section 13 in the State Treasury to
12 the credit of this Fund. Beginning July 1, 1997, and until
13 December 31 of the year in which the Agency approves a proposed
14 site under Section 10.3, the Agency shall deposit all fees
15 collected under subsections (a) and (b) of Section 13 of this
16 Act into the Fund. Subject to appropriation, the Agency is
17 authorized to expend all moneys in the Fund in amounts it deems
18 necessary for:
19 (1) hiring personnel and any other operating and
20 contingent expenses necessary for the proper
21 administration of this Act;
22 (2) contracting with any firm for the purpose of
23 carrying out the purposes of this Act;
24 (3) grants to the Central Midwest Interstate Low-Level
25 Radioactive Waste Commission;
26 (4) hiring personnel, contracting with any person, and
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1 meeting any other expenses incurred by the Agency in
2 fulfilling its responsibilities under the Radioactive
3 Waste Compact Enforcement Act;
4 (5) activities under Sections 10, 10.2 and 10.3;
5 (6) payment of fees in lieu of taxes to a local
6 government having within its boundaries a regional
7 disposal facility;
8 (7) payment of grants to counties or municipalities
9 under Section 12.1; and
10 (8) fulfillment of obligations under a community
11 agreement under Section 12.1.
12 In spending monies pursuant to such appropriations, the
13 Agency shall to the extent practicable avoid duplicating
14 expenditures made by any firm pursuant to a contract awarded
15 under this Section.
16 (b) There is hereby created in the State Treasury a
17 special fund to be known as the "Low-Level Radioactive Waste
18 Facility Closure, Post-Closure Care and Compensation Fund".
19 All monies within the Low-Level Radioactive Waste Facility
20 Closure, Post-Closure Care and Compensation Fund shall be
21 invested by the State Treasurer in accordance with established
22 investment practices. Interest earned by such investment shall
23 be returned to the Low-Level Radioactive Waste Facility
24 Closure, Post-Closure Care and Compensation Fund. The Agency
25 shall deposit 20% of all receipts from the fees required under
26 subsections (a) and (b) of Section 13 of this Act in the State
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1 Treasury to the credit of this Fund, except that, pursuant to
2 subsection (a) of Section 14 of this Act, there shall be no
3 such deposit into this Fund between July 1, 1997 and December
4 31 of the year in which the Agency approves a proposed site
5 pursuant to Section 10.3 of this Act. All deposits into this
6 Fund shall be held by the State Treasurer separate and apart
7 from all public money or funds of this State. Subject to
8 appropriation, the Agency is authorized to expend any moneys
9 in this Fund in amounts it deems necessary for:
10 (1) decommissioning and other procedures required for
11 the proper closure of the regional disposal facility;
12 (2) monitoring, inspecting, and other procedures
13 required for the proper closure, decommissioning, and
14 post-closure care of the regional disposal facility;
15 (3) taking any remedial actions necessary to protect
16 human health and the environment from releases or
17 threatened releases of wastes from the regional disposal
18 facility;
19 (4) the purchase of facility and third-party liability
20 insurance necessary during the institutional control
21 period of the regional disposal facility;
22 (5) mitigating the impacts of the suspension or
23 interruption of the acceptance of waste for disposal;
24 (6) compensating any person suffering any damages or
25 losses to a person or property caused by a release from the
26 regional disposal facility as provided for in Section 15;
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1 and
2 (7) fulfillment of obligations under a community
3 agreement under Section 12.1.
4 On or before March 1 of each year through March 1, 2025,
5 the Agency shall deliver to the Governor, the President and
6 Minority Leader of the Senate, the Speaker and Minority Leader
7 of the House, and each of the generators that have contributed
8 during the preceding State fiscal year to the Fund a financial
9 statement, certified and verified by the Director, which
10 details all receipts and expenditures from the Fund during the
11 preceding State fiscal year. The financial statements shall
12 identify all sources of income to the Fund and all recipients
13 of expenditures from the Fund, shall specify the amounts of
14 all the income and expenditures, and shall indicate the
15 amounts of all the income and expenditures, and shall indicate
16 the purpose for all expenditures.
17 On July 1, 2025, or as soon thereafter as practical, the
18 State Comptroller shall direct and the State Treasurer shall
19 transfer the remaining balance from the Low-Level Radioactive
20 Waste Facility Closure, Post-Closure Care and Compensation
21 Fund into the Low-Level Radioactive Waste Facility Development
22 and Operation Fund. Upon completion of the transfer, the
23 Low-Level Radioactive Waste Facility Closure, Post-Closure
24 Care and Compensation Fund is dissolved, and any future
25 deposits due to that Fund and any outstanding obligations or
26 liabilities of that Fund shall pass to the Low-Level
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1 Radioactive Waste Facility Development and Operation Fund.
2 (c) (Blank).
3 (d) The Agency may accept for any of its purposes and
4 functions any donations, grants of money, equipment, supplies,
5 materials, and services from any state or the United States,
6 or from any institution, person, firm or corporation. Any
7 donation or grant of money received after January 1, 1986
8 shall be deposited into in either the Low-Level Radioactive
9 Waste Facility Development and Operation Fund or the Low-Level
10 Radioactive Waste Facility Closure, Post-Closure Care and
11 Compensation Fund, in accordance with the purpose of the
12 grant.
13 (Source: P.A. 100-146, eff. 1-1-18.)
14 (420 ILCS 20/15) (from Ch. 111 1/2, par. 241-15)
15 Sec. 15. Compensation.
16 (a) Any person may apply to the Agency pursuant to this
17 Section for compensation of a loss caused by the release, in
18 Illinois, of radioactivity from the regional disposal
19 facility. The Agency shall prescribe appropriate forms and
20 procedures for claims filed pursuant to this Section, which
21 shall include, as a minimum, the following:
22 (1) Provisions requiring the claimant to make a sworn
23 verification of the claim to the best of his or her
24 knowledge.
25 (2) A full description, supported by appropriate
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1 evidence from government agencies, of the release of the
2 radioactivity claimed to be the cause of the physical
3 injury, illness, loss of income or property damage.
4 (3) If making a claim based upon physical injury or
5 illness, certification of the medical history of the
6 claimant for the 5 years preceding the date of the claim,
7 along with certification of the alleged physical injury or
8 illness, and expenses for the physical injury or illness,
9 made by hospitals, physicians or other qualified medical
10 authorities.
11 (4) If making a claim for lost income, information on
12 the claimant's income as reported on his or her federal
13 income tax return or other document for the preceding 3
14 years in order to compute lost wages or income.
15 (b) The Agency shall hold at least one hearing, if
16 requested by the claimant, within 60 days of submission of a
17 claim to the Agency. The Director shall render a decision on a
18 claim within 30 days of the hearing unless all of the parties
19 to the claim agree in writing to an extension of time. All
20 decisions rendered by the Director shall be in writing, with
21 notification to all appropriate parties. The decision shall be
22 considered a final administrative decision for the purposes of
23 judicial review.
24 (c) The following losses shall be compensable under this
25 Section, provided that the Agency has found that the claimant
26 has established, by the weight of the evidence, that the
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1 losses were proximately caused by the designated release and
2 are not otherwise compensable under law:
3 (1) One hundred percent of uninsured, out-of-pocket
4 medical expenses, for up to 3 years from the onset of
5 treatment;
6 (2) Eighty percent of any uninsured, actual lost
7 wages, or business income in lieu of wages, caused by
8 injury to the claimant or the claimant's property, not to
9 exceed $15,000 per year for 3 years;
10 (3) Eighty percent of any losses or damages to real or
11 personal property; and
12 (4) One hundred percent of costs of any remedial
13 actions on such property necessary to protect human health
14 and the environment.
15 (d) No claim may be presented to the Agency under this
16 Section later than 5 years from the date of discovery of the
17 damage or loss.
18 (e) Compensation for any damage or loss under this Section
19 shall preclude indemnification or reimbursement from any other
20 source for the identical damage or loss, and indemnification
21 or reimbursement from any other source shall preclude
22 compensation under this Section.
23 (f) The Agency shall adopt, and revise when appropriate,
24 rules and regulations necessary to implement the provisions of
25 this Section, including methods that provide for establishing
26 that a claimant has exercised reasonable diligence in
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1 satisfying the conditions of the application requirements, for
2 specifying the proof necessary to establish a damage or loss
3 compensable under this Section and for establishing the
4 administrative procedures to be followed in reviewing claims.
5 (g) Claims approved by the Director shall be paid from the
6 Low-Level Radioactive Waste Facility Development and Operation
7 Closure, Post-Closure Care and Compensation Fund, except that
8 claims shall not be paid in excess of the amount available in
9 the Fund. In the case of insufficient amounts in the Fund to
10 satisfy claims against the Fund, the General Assembly may
11 appropriate monies to the Fund in amounts it deems necessary
12 to pay the claims.
13 (Source: P.A. 95-777, eff. 8-4-08; 96-328, eff. 8-11-09.)
14 (420 ILCS 20/17) (from Ch. 111 1/2, par. 241-17)
15 Sec. 17. Penalties.
16 (a) Any person operating any facility in violation of
17 Section 8 shall be subject to a civil penalty not to exceed
18 $100,000 per day of violation.
19 (b) Any person failing to pay the fees provided for in
20 Section 13 shall be liable to a civil penalty not to exceed 4
21 times the amount of the fees not paid.
22 (c) At the request of the Agency, the civil penalties
23 shall be recovered in an action brought by the Attorney
24 General on behalf of the State in the circuit court in which
25 the violation occurred. All amounts collected from fines under
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1 this Section shall be deposited into in the Low-Level
2 Radioactive Waste Facility Development and Operation Closure,
3 Post-Closure Care and Compensation Fund.
4 (Source: P.A. 95-777, eff. 8-4-08.)
5 (420 ILCS 20/21) (from Ch. 111 1/2, par. 241-21)
6 Sec. 21. Shared Liability. Any state which enacts the
7 Central Midwest Interstate Low-Level Radioactive Waste Compact
8 and has as its resident a generator shall be liable for the
9 cost of post-closure care in excess of funds available from
10 the Low-Level Radioactive Waste Facility Development and
11 Operation Closure, Post-Closure Care and Compensation Fund or
12 from any liability insurance or other means of establishing
13 financial responsibility in an amount sufficient to provide
14 for any necessary corrective actions or liabilities arising
15 during the period of post-closure care. The extent of such
16 liability shall not be in excess of the prorated share of the
17 volume of waste placed in the facility by the generators of
18 each state which has enacted the Central Midwest Interstate
19 Low-Level Radioactive Waste Compact. However, this Section
20 shall not apply to a party state with a total volume of waste
21 recorded on low-level radioactive waste manifests for any year
22 that is less than 10 percent of the total volume recorded on
23 such manifests for the region during the same year.
24 (Source: P.A. 84-1406.)
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1 Section 30-140. The Radioactive Waste Tracking and
2 Permitting Act is amended by changing Section 15 as follows:
3 (420 ILCS 37/15)
4 Sec. 15. Permit requirements for the storage, treatment,
5 and disposal of waste at a disposal facility.
6 (a) Upon adoption of regulations under subsection (c) of
7 this Section, no person shall deposit any low-level
8 radioactive waste at a storage, treatment, or disposal
9 facility in Illinois licensed under Section 8 of the Illinois
10 Low-Level Radioactive Waste Management Act without a permit
11 granted by the Agency.
12 (b) Upon adoption of regulations under subsection (c) of
13 this Section, no person shall operate a storage, treatment, or
14 disposal facility licensed under Section 8 of the Illinois
15 Low-Level Radioactive Waste Management Act without a permit
16 granted by the Agency.
17 (c) The Agency shall adopt regulations providing for the
18 issuance, suspension, and revocation of permits required under
19 subsections (a) and (b) of this Section. The regulations may
20 provide a system for tracking low-level radioactive waste to
21 ensure that waste that other states are responsible for
22 disposing of under federal law does not become the
23 responsibility of the State of Illinois. The regulations shall
24 be consistent with the Federal Hazardous Materials
25 Transportation Act.
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1 (d) The Agency may enter into a contract or contracts for
2 operation of the system for tracking low-level radioactive
3 waste as provided in subsection (c) of this Section.
4 (e) A person who violates this Section or any regulation
5 promulgated under this Section shall be subject to a civil
6 penalty, not to exceed $10,000, for each violation. Each day a
7 violation continues shall constitute a separate offense. A
8 person who fails to pay a civil penalty imposed by a regulation
9 adopted under this Section, or any portion of the penalty, is
10 liable in a civil action in an amount not to exceed 4 times the
11 amount imposed and not paid. At the request of the Agency, the
12 Attorney General shall, on behalf of the State, bring an
13 action for the recovery of any civil penalty provided for by
14 this Section. Any civil penalties so recovered shall be
15 deposited into in the Low-Level Radioactive Waste Facility
16 Development and Operation Closure, Post-Closure Care and
17 Compensation Fund.
18 (Source: P.A. 103-569, eff. 6-1-24.)
19 Section 30-145. The Humane Care for Animals Act is amended
20 by changing Section 16.4 as follows:
21 (510 ILCS 70/16.4)
22 Sec. 16.4. Illinois Animal Abuse Fund. The Illinois Animal
23 Abuse Fund is created as a special fund in the State treasury.
24 Moneys in the Fund may be used, subject to appropriation, by
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1 the Department of Agriculture to investigate animal abuse and
2 neglect under this Act. On June 30, 2026, or as soon thereafter
3 as practical, the State Comptroller shall direct and the State
4 Treasurer shall transfer the remaining balance from the
5 Illinois Animal Abuse Fund into the Livestock Management
6 Facilities Fund. Upon completion of the transfer, the Illinois
7 Animal Abuse Fund is dissolved, and any future deposits due to
8 that Fund and any outstanding obligations or liabilities of
9 that Fund shall pass to the Livestock Management Facilities
10 Fund. This Section is repealed on January 1, 2027.
11 (Source: P.A. 92-454, eff. 1-1-02.)
12 Section 30-150. The Habitat Endowment Act is amended by
13 changing Sections 5, 15, and 30 as follows:
14 (520 ILCS 25/5)
15 Sec. 5. Definitions. As used in this Act:
16 "Department" means the Department of Natural Resources.
17 "Director" means the Director of Natural Resources.
18 "Illinois Habitat Fund" means a special fund in the State
19 Treasury entitled the Illinois Habitat Fund created in Section
20 15 of this Act.
21 "Trust Fund" means the Illinois Habitat Endowment Trust
22 Fund created in Section 15 of this Act.
23 (Source: P.A. 89-445, eff. 2-7-96.)
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1 (520 ILCS 25/15)
2 Sec. 15. The Illinois Habitat Fund and the Illinois
3 Habitat Endowment Trust Fund.
4 (a) There is established in the State treasury a special
5 fund entitled the Illinois Habitat Fund. The moneys in this
6 fund shall be used, subject pursuant to appropriation,
7 exclusively by the Department for the preservation and
8 maintenance of high quality habitat lands. The Illinois
9 Habitat Fund shall be financed through transfers of investment
10 income earned by the Illinois Habitat Endowment Trust Fund
11 created in this Section, deposits of fees from the sale of
12 State Habitat Stamps and artwork as provided for in the
13 Wildlife Code, and revenue derived from the sale of Sportsmen
14 Series license plates. The Department may accept, from all
15 sources, contributions, grants, gifts, bequests, legacies of
16 money, and securities to be deposited into the Illinois
17 Habitat Fund. All interest earned and accrued from moneys in
18 deposited into the Illinois Habitat Fund shall be deposited
19 monthly by the State Treasurer into the Illinois Habitat Fund.
20 (b) The Illinois Habitat Endowment Trust Fund is created
21 as a trust fund in the State treasury. The Trust Fund shall be
22 financed by a combination of private donations and transfers
23 or deposits from the Park and Conservation Fund or any other
24 fund authorized by law. The Department may accept, from all
25 sources, contributions, grants, gifts, bequests, legacies of
26 money, and securities to be deposited into the Trust Fund. All
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1 deposits shall become part of the Trust Fund corpus. Moneys in
2 the Trust Fund are not subject to appropriation and shall be
3 used solely to provide financing to the Illinois Habitat Fund.
4 All gifts, grants, assets, funds, or moneys received by the
5 Department under this Act shall be deposited and held by the
6 State Treasurer as ex officio custodian thereof, separate and
7 apart from all public moneys or funds of this State in a trust
8 fund established in accordance with State law, and shall be
9 administered by the Director exclusively for the purposes set
10 forth in this Act. All moneys in the Trust Fund are to be
11 invested and reinvested by the State Treasurer. All interest
12 accruing from these investments shall be deposited into in the
13 Trust Fund. Notwithstanding any other provision of law, in
14 addition to any other transfers that may be provided by law, on
15 July 1, 2025, or as soon thereafter as practical, the State
16 Comptroller shall direct and the State Treasurer shall
17 transfer the remaining balance from the Illinois Habitat
18 Endowment Trust Fund into the Illinois Habitat Fund. Upon
19 completion of the transfer, the Illinois Habitat Endowment
20 Trust Fund is dissolved, and any future deposits due to that
21 Fund and any outstanding obligations or liabilities of that
22 Fund pass to the Illinois Habitat Fund.
23 (Source: P.A. 89-611, eff. 1-1-97.)
24 (520 ILCS 25/30)
25 Sec. 30. Advisory Committee. The Illinois Habitat Fund
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1 Advisory Committee is created. The purpose of the Committee is
2 to advise the Director on the use of funds from the Illinois
3 Habitat Fund and on other matters pertaining to the purposes
4 of this Act. The Committee shall consist of: (1) the Chief of
5 Wildlife Resources Division or his designee, (2) the Chief of
6 the Land Management Division or his designee, (3) 3 or more
7 representatives from statewide conservation organizations
8 appointed by the Director, (4) one person who is a landowner in
9 the State of Illinois and who is not affiliated with any other
10 group or organization with representation on the Committee,
11 and (5) 3 or more representatives appointed by the Director
12 who are from nonprofit institutions, corporations, or
13 universities within the State and actively involved in habitat
14 conservation, enhancement, or restoration. The Committee shall
15 review and recommend all allocation of funds from the Illinois
16 State Habitat Fund, with the exception of revenue derived from
17 the sale of Sportsmen Series license plates. Members of the
18 Committee shall serve without compensation, but expenses
19 incurred in the performance of their duties shall be
20 reimbursed by the Department. The Committee shall initiate the
21 performance of its duties at the time the corpus of the Habitat
22 Endowment Trust Fund attains a level of $10 million.
23 (Source: P.A. 89-611, eff. 1-1-97.)
24 (520 ILCS 25/20 rep.)
25 Section 30-155. The Habitat Endowment Act is amended by
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1 repealing Section 20.
2 Section 30-160. The Illinois Aeronautics Act is amended by
3 changing Section 34b as follows:
4 (620 ILCS 5/34b)
5 Sec. 34b. Airport Land Loan Program.
6 (a) The Department may make loans to public airport owners
7 for the purchase of any real estate interests as may be needed
8 for essential airport purposes, including future needs,
9 subject to the following conditions:
10 (1) loans may be made only to public airport owners
11 that are operating an airport as of January 1, 1999; and
12 (2) loans may not be made for airports that provide
13 scheduled commercial air service in counties of greater
14 than 5,000,000 population.
15 The loans are payable from the Airport Land Loan Revolving
16 Fund, subject to appropriation. All repayments of loans made
17 pursuant to this Section, including interest thereon and
18 penalties, shall be deposited into in the Airport Land Loan
19 Revolving Fund. The Treasurer shall deposit all investment
20 earnings arising from balances in the Airport Land Loan
21 Revolving Fund in that Fund.
22 (b) All loans under this Section shall be made by contract
23 between the Department and the public airport owner, which
24 contract shall include the following provisions:
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1 (1) The annual rate of interest shall be the lesser of
2 (A) 2 percent below the Prime Rate charged by banks, as
3 published by the Federal Reserve Board, in effect at the
4 time the Department approves the loan, or (B) a rate
5 determined by the Department, after consultation with the
6 Governor's Office of Management and Budget, that will not
7 adversely affect the tax-exempt status of interest on the
8 bonds of the State issued in whole or in part to make
9 deposits into the Airport Land Loan Revolving Fund, nor
10 diminish the benefit to the State of the tax-exempt status
11 of the interest on such bonds.
12 (2) The term of any loan shall not exceed 5 five years,
13 but it may be for less by mutual agreement.
14 (3) Loan payments shall be scheduled in equal amounts
15 for the periods determined under paragraph (4) of this
16 Section. The loan payments shall be calculated so that the
17 loan is completely repaid, with interest, on outstanding
18 balances, by the end of the term determined under
19 paragraph (2) of this Section. There shall be no penalty
20 for early payment ahead of the payment schedule.
21 (4) The period of loan payments shall be annual,
22 unless by mutual agreement a period of less than one year
23 is chosen.
24 (5) The loan shall be secured with the land purchased,
25 in whole or in part, with the loan and considered as
26 collateral. The public airport owner shall assign a first
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1 priority interest in the property to the State.
2 (6) If the loan payment is not made within 15 days
3 after the scheduled date determined under paragraph (3) of
4 this Section, a penalty of 10% of the payment shall be
5 assessed. If 30 days after the scheduled payment date no
6 payment has been received, the loan shall be considered in
7 default.
8 (7) As soon as a loan is considered in default, the
9 Department shall notify the public airport owner and
10 attempt to enter into a renegotiation of the loan payment
11 amounts and schedule determined under paragraph (3) of
12 this Section. In no case shall the term of the loan be
13 extended beyond the initial term determined under
14 paragraph (2) of this Section; nor shall the interest rate
15 be lowered nor any interest be forgiven. If a
16 renegotiation of loan payment amounts and schedule is
17 obtained to the Department's satisfaction within 30 days
18 of notification of default, then the new payment schedule
19 shall replace the one determined by paragraph (3) of this
20 Section and shall be used to measure compliance with the
21 loan for purposes of default. If after 30 days of
22 notification of default the Department has not obtained a
23 renegotiation to its satisfaction, the Department shall
24 declare the loan balance due and payable immediately. If
25 the public airport owner cannot immediately pay the
26 balance of the loan, the Department shall proceed to
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1 foreclose.
2 (c) The Department may promulgate any rules that it finds
3 appropriate to implement this Airport Land Loan Program.
4 (d) The Airport Land Loan Revolving Fund is created in the
5 State Treasury.
6 (e) On July 1, 2025, or as soon thereafter as practical,
7 the State Comptroller shall direct and the State Treasurer
8 shall transfer the remaining balance from the Airport Land
9 Loan Revolving Fund into the General Obligation Bond
10 Retirement and Interest Fund. Upon completion of the transfer,
11 the Airport Land Loan Revolving Fund is dissolved.
12 (f) This Section is repealed on January 1, 2026.
13 (Source: P.A. 94-793, eff. 5-19-06.)
14 Section 30-165. The Illinois Vehicle Code is amended by
15 changing Sections 3-643, 3-684, 3-690, 3-699.14, and 11-501.01
16 as follows:
17 (625 ILCS 5/3-643)
18 Sec. 3-643. Mammogram license plates.
19 (a) The Secretary, upon receipt of an application made in
20 the form prescribed by the Secretary, may issue special
21 registration plates designated as Mammogram license plates.
22 The special plates issued under this Section shall be affixed
23 only to passenger vehicles of the first division, motorcycles,
24 autocycles, and motor vehicles of the second division weighing
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1 not more than 8,000 pounds. Plates issued under this Section
2 shall expire according to the multi-year procedure established
3 by Section 3-414.1 of this Code.
4 (b) The design and color of the plates is wholly within the
5 discretion of the Secretary, except that the phrase
6 "Mammograms Save Lives" shall be on the plates. The Secretary
7 may allow the plates to be issued as vanity plates or
8 personalized under Section 3-405.1 of the Code. The Secretary
9 shall prescribe stickers or decals as provided under Section
10 3-412 of this Code.
11 (c) An applicant for the special plate shall be charged a
12 $25 fee for original issuance in addition to the appropriate
13 registration fee. Of this fee, $10 shall be deposited into the
14 Mammogram Fund and $15 shall be deposited into the Secretary
15 of State Special License Plate Fund, to be used by the
16 Secretary to help defray the administrative processing costs.
17 For each registration renewal period, a $25 fee, in
18 addition to the appropriate registration fee, shall be
19 charged. Of this fee, $23 shall be deposited into the
20 Mammogram Fund and $2 shall be deposited into the Secretary of
21 State Special License Plate Fund.
22 (d) The Mammogram Fund is created as a special fund in the
23 State treasury. All money in the Mammogram Fund shall be paid,
24 subject to appropriation by the General Assembly and
25 distribution by the Illinois Department of Public Health for ,
26 to the Illinois Breast and Cervical Cancer Program for patient
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1 navigation services specifically for populations with the
2 highest rates of breast cancer mortality in the State.
3 (Source: P.A. 102-967, eff. 1-1-23; 103-843, eff. 1-1-25.)
4 (625 ILCS 5/3-684)
5 Sec. 3-684. Illinois EMS Memorial Scholarship and Training
6 license plate.
7 (a) The Secretary, upon receipt of an application made in
8 the form prescribed by the Secretary of State, may issue
9 special registration plates designated to be Illinois EMS
10 Memorial Scholarship and Training license plates. The special
11 plates issued under this Section shall be affixed only to
12 passenger vehicles of the first division, motorcycles,
13 autocycles, motor vehicles of the second division weighing not
14 more than 8,000 pounds, recreational vehicles as defined in
15 Section 1-169 of this Code, and subject to the staggered
16 registration system. Plates issued under this Section shall
17 expire according to the multi-year procedure established by
18 Section 3-414.1 of this Code.
19 (b) The design and color of the plates shall be wholly
20 within the discretion of the Secretary of State. The Secretary
21 of State may, in his or her discretion, allow the plates to be
22 issued as vanity plates or personalized in accordance with
23 Section 3-405.1 of this Code. The plates are not required to
24 designate "Land of Lincoln", as prescribed in subsection (b)
25 of Section 3-412 of this Code. The Secretary of State shall
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1 prescribe stickers or decals as provided under Section 3-412.
2 (c) An applicant shall be charged a $27 fee for original
3 issuance in addition to the applicable registration fee. Of
4 this additional fee, $15 shall be deposited into the Secretary
5 of State Special License Plate Fund and $12 shall be deposited
6 into the Illinois EMS Memorial Scholarship and Training Fund.
7 For each registration renewal period, a $17 fee, in addition
8 to the appropriate registration fee, shall be charged. Of this
9 fee, $2 shall be deposited into the Secretary of State Special
10 License Plate Fund and $15 shall be deposited into the
11 Illinois EMS Memorial Scholarship and Training Fund.
12 (d) The Illinois EMS Memorial Scholarship and Training
13 Fund is created as a special fund in the State treasury. All
14 money in the Illinois EMS Memorial Scholarship and Training
15 Fund shall, subject to appropriation by the General Assembly
16 and distribution by the Secretary of State, as grants to the
17 EMS Memorial Scholarship and Training Council, a
18 not-for-profit corporation, for the purposes (i) of providing
19 scholarships for graduate study, undergraduate study, or both,
20 to children and spouses of emergency medical services (EMS)
21 personnel killed in the course of their employment, and (ii)
22 for grants for the training of EMS personnel.
23 (e) On July 1, 2025, or as soon thereafter as practical,
24 the State Comptroller shall direct and the State Treasurer
25 shall transfer the remaining balance from the Illinois EMS
26 Memorial Scholarship and Training Fund into the Secretary of
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1 State Special License Plate Fund. Upon completion of the
2 transfer, the Illinois EMS Memorial Scholarship and Training
3 Fund is dissolved, and any future deposits due to that Fund and
4 any outstanding obligations or liabilities of that Fund shall
5 pass to the Secretary of State Special License Plate Fund.
6 (f) This Section is repealed on January 1, 2026.
7 (Source: P.A. 103-843, eff. 1-1-25.)
8 (625 ILCS 5/3-690)
9 Sec. 3-690. St. Jude Children's Research Hospital Plates.
10 (a) In addition to any other special license plate, the
11 Secretary, upon receipt of all applicable fees and
12 applications made in the form prescribed by the Secretary of
13 State, may issue St. Jude Children's Research Hospital license
14 plates. The special St. Jude Children's Research Hospital
15 plate issued under this Section shall be affixed only to
16 passenger vehicles of the first division, motorcycles,
17 autocycles, and motor vehicles of the second division weighing
18 not more than 8,000 pounds. Plates issued under this Section
19 shall expire according to the staggered multi-year procedure
20 established by Section 3-414.1 of this Code.
21 (b) The design, color, and format of the plates shall be
22 wholly within the discretion of the Secretary of State.
23 Appropriate documentation, as determined by the Secretary,
24 must accompany each application. The Secretary, in his or her
25 discretion, shall approve and prescribe stickers or decals as
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1 provided under Section 3-412.
2 (c) An applicant for the special plate shall be charged a
3 $40 fee for original issuance in addition to the appropriate
4 registration fee. Of this fee, $25 shall be deposited into the
5 St. Jude Children's Research Fund and $15 shall be deposited
6 into the Secretary of State Special License Plate Fund, to be
7 used by the Secretary to help defray the administrative
8 processing costs. For each registration renewal period, a $27
9 fee, in addition to the appropriate registration fee, shall be
10 charged. Of this fee, $25 shall be deposited into the St. Jude
11 Children's Research Fund and $2 shall be deposited into the
12 Secretary of State Special License Plate Fund.
13 (d) The St. Jude Children's Research Fund is created as a
14 special fund in the State treasury. All money in the St. Jude
15 Children's Research Fund shall be paid, subject to
16 appropriation by the General Assembly and distribution by the
17 Secretary, as grants to St. Jude Children's Research Hospital
18 for pediatric treatment and research. All interest earned on
19 moneys in the Fund shall be deposited into the Fund. The Fund
20 shall not be subject to administrative charges or chargebacks,
21 such as but not limited to those authorized under Section 8h of
22 the State Finance Act.
23 (e) On July 1, 2025, or as soon thereafter as practical,
24 the State Comptroller shall direct and the State Treasurer
25 shall transfer the remaining balance from the St. Jude
26 Children's Research Fund into the Secretary of State Special
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1 License Plate Fund. Upon completion of the transfer, the St.
2 Jude Children's Research Fund is dissolved, and any future
3 deposits due to that Fund and any outstanding obligations or
4 liabilities of that Fund shall pass to the Secretary of State
5 Special License Plate Fund.
6 (f) This Section is repealed on January 1, 2026.
7 (Source: P.A. 103-843, eff. 1-1-25.)
8 (625 ILCS 5/3-699.14)
9 Sec. 3-699.14. Universal special license plates.
10 (a) In addition to any other special license plate, the
11 Secretary, upon receipt of all applicable fees and
12 applications made in the form prescribed by the Secretary, may
13 issue Universal special license plates to residents of
14 Illinois on behalf of organizations that have been authorized
15 by the General Assembly to issue decals for Universal special
16 license plates. Appropriate documentation, as determined by
17 the Secretary, shall accompany each application. Authorized
18 organizations shall be designated by amendment to this
19 Section. When applying for a Universal special license plate
20 the applicant shall inform the Secretary of the name of the
21 authorized organization from which the applicant will obtain a
22 decal to place on the plate. The Secretary shall make a record
23 of that organization and that organization shall remain
24 affiliated with that plate until the plate is surrendered,
25 revoked, or otherwise canceled cancelled. The authorized
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1 organization may charge a fee to offset the cost of producing
2 and distributing the decal, but that fee shall be retained by
3 the authorized organization and shall be separate and distinct
4 from any registration fees charged by the Secretary. No decal,
5 sticker, or other material may be affixed to a Universal
6 special license plate other than a decal authorized by the
7 General Assembly in this Section or a registration renewal
8 sticker. The special plates issued under this Section shall be
9 affixed only to passenger vehicles of the first division,
10 including motorcycles and autocycles, or motor vehicles of the
11 second division weighing not more than 8,000 pounds. Plates
12 issued under this Section shall expire according to the
13 multi-year procedure under Section 3-414.1 of this Code.
14 (b) The design, color, and format of the Universal special
15 license plate shall be wholly within the discretion of the
16 Secretary. Universal special license plates are not required
17 to designate "Land of Lincoln", as prescribed in subsection
18 (b) of Section 3-412 of this Code. The design shall allow for
19 the application of a decal to the plate. Organizations
20 authorized by the General Assembly to issue decals for
21 Universal special license plates shall comply with rules
22 adopted by the Secretary governing the requirements for and
23 approval of Universal special license plate decals. The
24 Secretary may, in his or her discretion, allow Universal
25 special license plates to be issued as vanity or personalized
26 plates in accordance with Section 3-405.1 of this Code. The
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1 Secretary of State must make a version of the special
2 registration plates authorized under this Section in a form
3 appropriate for motorcycles and autocycles.
4 (c) When authorizing a Universal special license plate,
5 the General Assembly shall set forth whether an additional fee
6 is to be charged for the plate and, if a fee is to be charged,
7 the amount of the fee and how the fee is to be distributed.
8 When necessary, the authorizing language shall create a
9 special fund in the State treasury into which fees may be
10 deposited for an authorized Universal special license plate.
11 Additional fees may only be charged if the fee is to be paid
12 over to a State agency or to a charitable entity that is in
13 compliance with the registration and reporting requirements of
14 the Charitable Trust Act and the Solicitation for Charity Act.
15 Any charitable entity receiving fees for the sale of Universal
16 special license plates shall annually provide the Secretary of
17 State a letter of compliance issued by the Attorney General
18 verifying that the entity is in compliance with the Charitable
19 Trust Act and the Solicitation for Charity Act.
20 (d) Upon original issuance and for each registration
21 renewal period, in addition to the appropriate registration
22 fee, if applicable, the Secretary shall collect any additional
23 fees, if required, for issuance of Universal special license
24 plates. The fees shall be collected on behalf of the
25 organization designated by the applicant when applying for the
26 plate. All fees collected shall be transferred to the State
HB1075 Enrolled - 484 - LRB104 03072 BDA 13090 b
1 agency on whose behalf the fees were collected, or paid into
2 the special fund designated in the law authorizing the
3 organization to issue decals for Universal special license
4 plates. All money in the designated fund shall be distributed
5 by the Secretary subject to appropriation by the General
6 Assembly.
7 (e) The following organizations may issue decals for
8 Universal special license plates with the original and renewal
9 fees and fee distribution as follows:
10 (1) The Illinois Department of Natural Resources.
11 (A) Original issuance: $25; with $10 to the
12 Roadside Monarch Habitat Fund and $15 to the Secretary
13 of State Special License Plate Fund.
14 (B) Renewal: $25; with $23 to the Roadside Monarch
15 Habitat Fund and $2 to the Secretary of State Special
16 License Plate Fund.
17 (2) Illinois Veterans' Homes.
18 (A) Original issuance: $26, which shall be
19 deposited into the Illinois Veterans' Homes Fund.
20 (B) Renewal: $26, which shall be deposited into
21 the Illinois Veterans' Homes Fund.
22 (3) The Illinois Department of Human Services for
23 volunteerism decals.
24 (A) Original issuance: $25, which shall be
25 deposited into the Secretary of State Special License
26 Plate Fund.
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1 (B) Renewal: $25, which shall be deposited into
2 the Secretary of State Special License Plate Fund.
3 (4) The Illinois Department of Public Health.
4 (A) Original issuance: $25; with $10 to the
5 Prostate Cancer Awareness Fund and $15 to the
6 Secretary of State Special License Plate Fund.
7 (B) Renewal: $25; with $23 to the Prostate Cancer
8 Awareness Fund and $2 to the Secretary of State
9 Special License Plate Fund.
10 (5) Horsemen's Council of Illinois.
11 (A) Original issuance: $25; with $10 to the
12 Horsemen's Council of Illinois Fund and $15 to the
13 Secretary of State Special License Plate Fund.
14 (B) Renewal: $25; with $23 to the Horsemen's
15 Council of Illinois Fund and $2 to the Secretary of
16 State Special License Plate Fund.
17 (6) K9s for Veterans, NFP.
18 (A) Original issuance: $25; with $10 to the
19 Post-Traumatic Stress Disorder Awareness Fund and $15
20 to the Secretary of State Special License Plate Fund.
21 (B) Renewal: $25; with $23 to the Post-Traumatic
22 Stress Disorder Awareness Fund and $2 to the Secretary
23 of State Special License Plate Fund.
24 (7) The International Association of Machinists and
25 Aerospace Workers.
26 (A) Original issuance: $35; with $20 to the Guide
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1 Dogs of America Fund and $15 to the Secretary of State
2 Special License Plate Fund.
3 (B) Renewal: $25; with $23 going to the Guide Dogs
4 of America Fund and $2 to the Secretary of State
5 Special License Plate Fund.
6 (8) Local Lodge 701 of the International Association
7 of Machinists and Aerospace Workers.
8 (A) Original issuance: $35; with $10 to the Guide
9 Dogs of America Fund, $10 to the Mechanics Training
10 Fund, and $15 to the Secretary of State Special
11 License Plate Fund.
12 (B) Renewal: $30; with $13 to the Guide Dogs of
13 America Fund, $15 to the Mechanics Training Fund, and
14 $2 to the Secretary of State Special License Plate
15 Fund.
16 (9) Illinois Department of Human Services.
17 (A) Original issuance: $25; with $10 to the
18 Theresa Tracy Trot - Illinois CancerCare Foundation
19 Fund and $15 to the Secretary of State Special License
20 Plate Fund.
21 (B) Renewal: $25; with $23 to the Theresa Tracy
22 Trot - Illinois CancerCare Foundation Fund and $2 to
23 the Secretary of State Special License Plate Fund.
24 (10) The Illinois Department of Human Services for
25 developmental disabilities awareness decals.
26 (A) Original issuance: $25; with $10 to the
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1 Developmental Disabilities Awareness Fund and $15 to
2 the Secretary of State Special License Plate Fund.
3 (B) Renewal: $25; with $23 to the Developmental
4 Disabilities Awareness Fund and $2 to the Secretary of
5 State Special License Plate Fund.
6 (11) The Illinois Department of Human Services for
7 pediatric cancer awareness decals.
8 (A) Original issuance: $25; with $10 to the
9 Pediatric Cancer Awareness Fund and $15 to the
10 Secretary of State Special License Plate Fund.
11 (B) Renewal: $25; with $23 to the Pediatric Cancer
12 Awareness Fund and $2 to the Secretary of State
13 Special License Plate Fund.
14 (12) The Department of Veterans' Affairs for Fold of
15 Honor decals.
16 (A) Original issuance: $25; with $10 to the Folds
17 of Honor Foundation Fund and $15 to the Secretary of
18 State Special License Plate Fund.
19 (B) Renewal: $25; with $23 to the Folds of Honor
20 Foundation Fund and $2 to the Secretary of State
21 Special License Plate Fund.
22 (13) The Illinois chapters of the Experimental
23 Aircraft Association for aviation enthusiast decals.
24 (A) Original issuance: $25; with $10 to the
25 Experimental Aircraft Association Fund and $15 to the
26 Secretary of State Special License Plate Fund.
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1 (B) Renewal: $25; with $23 to the Experimental
2 Aircraft Association Fund and $2 to the Secretary of
3 State Special License Plate Fund.
4 (14) The Illinois Department of Human Services for
5 Child Abuse Council of the Quad Cities decals.
6 (A) Original issuance: $25; with $10 to the Child
7 Abuse Council of the Quad Cities Fund and $15 to the
8 Secretary of State Special License Plate Fund.
9 (B) Renewal: $25; with $23 to the Child Abuse
10 Council of the Quad Cities Fund and $2 to the Secretary
11 of State Special License Plate Fund.
12 (15) The Illinois Department of Public Health for
13 health care worker decals.
14 (A) Original issuance: $25; with $10 to the
15 Illinois Health Care Workers Benefit Fund, and $15 to
16 the Secretary of State Special License Plate Fund.
17 (B) Renewal: $25; with $23 to the Illinois Health
18 Care Workers Benefit Fund and $2 to the Secretary of
19 State Special License Plate Fund.
20 (16) The Department of Agriculture for Future Farmers
21 of America decals.
22 (A) Original issuance: $25; with $10 to the Future
23 Farmers of America Fund and $15 to the Secretary of
24 State Special License Plate Fund.
25 (B) Renewal: $25; with $23 to the Future Farmers
26 of America Fund and $2 to the Secretary of State
HB1075 Enrolled - 489 - LRB104 03072 BDA 13090 b
1 Special License Plate Fund.
2 (17) The Illinois Department of Public Health for
3 autism awareness decals that are designed with input from
4 autism advocacy organizations.
5 (A) Original issuance: $25; with $10 to the Autism
6 Awareness Fund and $15 to the Secretary of State
7 Special License Plate Fund.
8 (B) Renewal: $25; with $23 to the Autism Awareness
9 Fund and $2 to the Secretary of State Special License
10 Plate Fund.
11 (18) The Department of Natural Resources for Lyme
12 disease research decals.
13 (A) Original issuance: $25; with $10 to the Tick
14 Research, Education, and Evaluation Fund and $15 to
15 the Secretary of State Special License Plate Fund.
16 (B) Renewal: $25; with $23 to the Tick Research,
17 Education, and Evaluation Fund and $2 to the Secretary
18 of State Special License Plate Fund.
19 (19) The IBEW Thank a Line Worker decal.
20 (A) Original issuance: $15, which shall be
21 deposited into the Secretary of State Special License
22 Plate Fund.
23 (B) Renewal: $2, which shall be deposited into the
24 Secretary of State Special License Plate Fund.
25 (20) An Illinois chapter of the Navy Club for Navy
26 Club decals.
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1 (A) Original issuance: $5; which shall be
2 deposited into the Navy Club Fund.
3 (B) Renewal: $18; which shall be deposited into
4 the Navy Club Fund.
5 (21) (20) An Illinois chapter of the International
6 Brotherhood of Electrical Workers for International
7 Brotherhood of Electrical Workers decal.
8 (A) Original issuance: $25; with $10 to the
9 International Brotherhood of Electrical Workers Fund
10 and $15 to the Secretary of State Special License
11 Plate Fund.
12 (B) Renewal: $25; with $23 to the International
13 Brotherhood of Electrical Workers Fund and $2 to the
14 Secretary of State Special License Plate Fund.
15 (22) (20) The 100 Club of Illinois decal.
16 (A) Original issuance: $45; with $30 to the 100
17 Club of Illinois Fund and $15 to the Secretary of State
18 Special License Plate Fund.
19 (B) Renewal: $27; with $25 to the 100 Club of
20 Illinois Fund and $2 to the Secretary of State Special
21 License Plate Fund.
22 (23) (20) The Illinois USTA/Midwest Youth Tennis
23 Foundation decal.
24 (A) Original issuance: $40; with $25 to the
25 Illinois USTA/Midwest Youth Tennis Foundation Fund and
26 $15 to the Secretary of State Special License Plate
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1 Fund.
2 (B) Renewal: $40; with $38 to the Illinois
3 USTA/Midwest Youth Tennis Foundation Fund and $2 to
4 the Secretary of State Special License Plate Fund.
5 (24) (20) The Sons of the American Legion decal.
6 (A) Original issuance: $25; with $10 to the Sons
7 of the American Legion Fund and $15 to the Secretary of
8 State Special License Plate Fund.
9 (B) Renewal: $25; with $23 to the Sons of the
10 American Legion Fund and $2 to the Secretary of State
11 Special License Plate Fund.
12 (f) The following funds are created as special funds in
13 the State treasury:
14 (1) The Roadside Monarch Habitat Fund. All money in
15 the Roadside Monarch Habitat Fund shall be paid as grants
16 by to the Illinois Department of Natural Resources to fund
17 roadside monarch and other pollinator habitat development,
18 enhancement, and restoration projects in this State.
19 (2) The Prostate Cancer Awareness Fund. All money in
20 the Prostate Cancer Awareness Fund shall be paid as grants
21 to the Prostate Cancer Foundation of Chicago.
22 (3) The Horsemen's Council of Illinois Fund. All money
23 in the Horsemen's Council of Illinois Fund shall be paid
24 as grants to the Horsemen's Council of Illinois.
25 (4) The Post-Traumatic Stress Disorder Awareness Fund.
26 All money in the Post-Traumatic Stress Disorder Awareness
HB1075 Enrolled - 492 - LRB104 03072 BDA 13090 b
1 Fund shall be paid as grants to K9s for Veterans, NFP for
2 support, education, and awareness of veterans with
3 post-traumatic stress disorder.
4 (5) The Guide Dogs of America Fund. All money in the
5 Guide Dogs of America Fund shall be paid as grants to the
6 International Guiding Eyes, Inc., doing business as Guide
7 Dogs of America.
8 (6) The Mechanics Training Fund. All money in the
9 Mechanics Training Fund shall be paid as grants to the
10 Mechanics Local 701 Training Fund.
11 (7) The Theresa Tracy Trot - Illinois CancerCare
12 Foundation Fund. All money in the Theresa Tracy Trot -
13 Illinois CancerCare Foundation Fund shall be paid to the
14 Illinois CancerCare Foundation for the purpose of
15 furthering pancreatic cancer research.
16 (8) The Developmental Disabilities Awareness Fund. All
17 money in the Developmental Disabilities Awareness Fund
18 shall be paid as grants to the Illinois Department of
19 Human Services to fund legal aid groups to assist with
20 guardianship fees for private citizens willing to become
21 guardians for individuals with developmental disabilities
22 but who are unable to pay the legal fees associated with
23 becoming a guardian.
24 (9) The Pediatric Cancer Awareness Fund. All money in
25 the Pediatric Cancer Awareness Fund shall be paid as
26 grants to the Cancer Center at Illinois for pediatric
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1 cancer treatment and research.
2 (10) The Folds of Honor Foundation Fund. All money in
3 the Folds of Honor Foundation Fund shall be paid as grants
4 to the Folds of Honor Foundation to aid in providing
5 educational scholarships to military families.
6 (11) The Experimental Aircraft Association Fund. All
7 money in the Experimental Aircraft Association Fund shall
8 be paid, subject to appropriation by the General Assembly
9 and distribution by the Secretary, as grants to promote
10 recreational aviation.
11 (12) The Child Abuse Council of the Quad Cities Fund.
12 All money in the Child Abuse Council of the Quad Cities
13 Fund shall be paid as grants to benefit the Child Abuse
14 Council of the Quad Cities.
15 (13) The Illinois Health Care Workers Benefit Fund.
16 All money in the Illinois Health Care Workers Benefit Fund
17 shall be paid as grants to the Trinity Health Foundation
18 for the benefit of health care workers, doctors, nurses,
19 and others who work in the health care industry in this
20 State.
21 (14) The Future Farmers of America Fund. All money in
22 the Future Farmers of America Fund shall be paid as grants
23 to the Illinois Association of Future Farmers of America.
24 (15) The Tick Research, Education, and Evaluation
25 Fund. All money in the Tick Research, Education, and
26 Evaluation Fund shall be paid as grants to the Illinois
HB1075 Enrolled - 494 - LRB104 03072 BDA 13090 b
1 Lyme Association.
2 (16) The Navy Club Fund. All money in the Navy Club
3 Fund shall be paid as grants to any local chapter of the
4 Navy Club that is located in this State.
5 (17) (16) The International Brotherhood of Electrical
6 Workers Fund. All money in the International Brotherhood
7 of Electrical Workers Fund shall be paid as grants to any
8 local chapter of the International Brotherhood of
9 Electrical Workers that is located in this State.
10 (18) (16) The 100 Club of Illinois Fund. All money in
11 the 100 Club of Illinois Fund shall be paid as grants to
12 the 100 Club of Illinois for the purpose of giving
13 financial support to children and spouses of first
14 responders killed in the line of duty and mental health
15 resources for active duty first responders.
16 (19) (16) The Illinois USTA/Midwest Youth Tennis
17 Foundation Fund. All money in the Illinois USTA/Midwest
18 Youth Tennis Foundation Fund shall be paid as grants to
19 Illinois USTA/Midwest Youth Tennis Foundation to aid
20 USTA/Midwest districts in the State with exposing youth to
21 the game of tennis.
22 (20) (16) The Sons of the American Legion Fund. All
23 money in the Sons of the American Legion Fund shall be paid
24 as grants to the Illinois Detachment of the Sons of the
25 American Legion.
26 (Source: P.A. 102-383, eff. 1-1-22; 102-422, eff. 8-20-21;
HB1075 Enrolled - 495 - LRB104 03072 BDA 13090 b
1 102-423, eff. 8-20-21; 102-515, eff. 1-1-22; 102-558, eff.
2 8-20-21; 102-809, eff. 1-1-23; 102-813, eff. 5-13-22; 103-112,
3 eff. 1-1-24; 103-163, eff. 1-1-24; 103-349, eff. 1-1-24;
4 103-605, eff. 7-1-24; 103-664, eff. 1-1-25; 103-665, eff.
5 1-1-25; 103-855, eff. 1-1-25; 103-911, eff. 1-1-25; 103-933,
6 eff. 1-1-25; revised 11-26-24.)
7 (625 ILCS 5/11-501.01)
8 Sec. 11-501.01. Additional administrative sanctions.
9 (a) After a finding of guilt and prior to any final
10 sentencing or an order for supervision, for an offense based
11 upon an arrest for a violation of Section 11-501 or a similar
12 provision of a local ordinance, individuals shall be required
13 to undergo a professional evaluation to determine if an
14 alcohol, drug, or intoxicating compound abuse problem exists
15 and the extent of the problem, and undergo the imposition of
16 treatment as appropriate. Programs conducting these
17 evaluations shall be licensed by the Department of Human
18 Services. The cost of any professional evaluation shall be
19 paid for by the individual required to undergo the
20 professional evaluation.
21 (b) Any person who is found guilty of or pleads guilty to
22 violating Section 11-501, including any person receiving a
23 disposition of court supervision for violating that Section,
24 may be required by the Court to attend a victim impact panel
25 offered by, or under contract with, a county State's
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1 Attorney's office, a probation and court services department,
2 Mothers Against Drunk Driving, or the Alliance Against
3 Intoxicated Motorists. All costs generated by the victim
4 impact panel shall be paid from fees collected from the
5 offender or as may be determined by the court.
6 (c) (Blank).
7 (d) The Secretary of State shall revoke the driving
8 privileges of any person convicted under Section 11-501 or a
9 similar provision of a local ordinance.
10 (e) The Secretary of State shall require the use of
11 ignition interlock devices for a period not less than 5 years
12 on all vehicles owned by a person who has been convicted of a
13 second or subsequent offense of Section 11-501 or a similar
14 provision of a local ordinance. The person must pay to the
15 Secretary of State DUI Administration Fund an amount not to
16 exceed $30 for each month that he or she uses the device. The
17 Secretary shall establish by rule and regulation the
18 procedures for certification and use of the interlock system,
19 the amount of the fee, and the procedures, terms, and
20 conditions relating to these fees. During the time period in
21 which a person is required to install an ignition interlock
22 device under this subsection (e), that person shall only
23 operate vehicles in which ignition interlock devices have been
24 installed, except as allowed by subdivision (c)(5) or (d)(5)
25 of Section 6-205 of this Code.
26 (f) (Blank).
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1 (g) The Secretary of State Police DUI Fund is created as a
2 special fund in the State treasury and, subject to
3 appropriation, shall be used for enforcement and prevention of
4 driving while under the influence of alcohol, other drug or
5 drugs, intoxicating compound or compounds or any combination
6 thereof, as defined by Section 11-501 of this Code, including,
7 but not limited to, the purchase of law enforcement equipment
8 and commodities to assist in the prevention of alcohol-related
9 criminal violence throughout the State; police officer
10 training and education in areas related to alcohol-related
11 crime, including, but not limited to, DUI training; and police
12 officer salaries, including, but not limited to, salaries for
13 hire-back hire back funding for safety checkpoints, saturation
14 patrols, and liquor store sting operations. Notwithstanding
15 any other provision of law, on July 1, 2025, or as soon
16 thereafter as practical, the State Comptroller shall direct
17 and the State Treasurer shall transfer the remaining balance
18 from the Secretary of State Police DUI Fund into the Secretary
19 of State Police Services Fund. Upon completion of the
20 transfers, the Secretary of State Police DUI Fund is
21 dissolved, and any future deposits due to that Fund and any
22 outstanding obligations or liabilities of that Fund shall pass
23 to the Secretary of State Police Services Fund.
24 (h) Whenever an individual is sentenced for an offense
25 based upon an arrest for a violation of Section 11-501 or a
26 similar provision of a local ordinance, and the professional
HB1075 Enrolled - 498 - LRB104 03072 BDA 13090 b
1 evaluation recommends remedial or rehabilitative treatment or
2 education, neither the treatment nor the education shall be
3 the sole disposition and either or both may be imposed only in
4 conjunction with another disposition. The court shall monitor
5 compliance with any remedial education or treatment
6 recommendations contained in the professional evaluation.
7 Programs conducting alcohol or other drug evaluation or
8 remedial education must be licensed by the Department of Human
9 Services. If the individual is not a resident of Illinois,
10 however, the court may accept an alcohol or other drug
11 evaluation or remedial education program in the individual's
12 state of residence. Programs providing treatment must be
13 licensed under existing applicable alcoholism and drug
14 treatment licensure standards.
15 (i) (Blank).
16 (j) A person that is subject to a chemical test or tests of
17 blood under subsection (a) of Section 11-501.1 or subdivision
18 (c)(2) of Section 11-501.2 of this Code, whether or not that
19 person consents to testing, shall be liable for the expense up
20 to $500 for blood withdrawal by a physician authorized to
21 practice medicine, a licensed physician assistant, a licensed
22 advanced practice registered nurse, a registered nurse, a
23 trained phlebotomist, a licensed paramedic, or a qualified
24 person other than a police officer approved by the Illinois
25 State Police to withdraw blood, who responds, whether at a law
26 enforcement facility or a health care facility, to a police
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1 department request for the drawing of blood based upon refusal
2 of the person to submit to a lawfully requested breath test or
3 probable cause exists to believe the test would disclose the
4 ingestion, consumption, or use of drugs or intoxicating
5 compounds if:
6 (1) the person is found guilty of violating Section
7 11-501 of this Code or a similar provision of a local
8 ordinance; or
9 (2) the person pleads guilty to or stipulates to facts
10 supporting a violation of Section 11-503 of this Code or a
11 similar provision of a local ordinance when the plea or
12 stipulation was the result of a plea agreement in which
13 the person was originally charged with violating Section
14 11-501 of this Code or a similar local ordinance.
15 (Source: P.A. 101-81, eff. 7-12-19; 102-538, eff. 8-20-21.)
16 Section 30-170. The Criminal and Traffic Assessment Act is
17 amended by changing Sections 10-5, 15-15, 15-35, and 15-70 as
18 follows:
19 (705 ILCS 135/10-5)
20 Sec. 10-5. Funds.
21 (a) All money collected by the Clerk of the Circuit Court
22 under Article 15 of this Act shall be remitted as directed in
23 Article 15 of this Act to the county treasurer, to the State
24 Treasurer, and to the treasurers of the units of local
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1 government. If an amount payable to any of the treasurers is
2 less than $10, the clerk may postpone remitting the money
3 until $10 has accrued or by the end of fiscal year. The
4 treasurers shall deposit the money as indicated in the
5 schedules, except, in a county with a population of over
6 3,000,000, money remitted to the county treasurer shall be
7 subject to appropriation by the county board. Any amount
8 retained by the Clerk of the Circuit Court in a county with a
9 population of over 3,000,000 shall be subject to appropriation
10 by the county board.
11 (b) The county treasurer or the treasurer of the unit of
12 local government may create the funds indicated in paragraphs
13 (1) through (5), (9), and (16) of subsection (d) of this
14 Section, if not already in existence. If a county or unit of
15 local government has not instituted, and does not plan to
16 institute a program that uses a particular fund, the treasurer
17 need not create the fund and may instead deposit the money
18 intended for the fund into the general fund of the county or
19 unit of local government for use in financing the court
20 system.
21 (c) If the arresting agency is a State agency, the
22 arresting agency portion shall be remitted by the clerk of
23 court to the State Treasurer who shall deposit the portion as
24 follows:
25 (1) if the arresting agency is the Illinois State
26 Police, into the State Police Law Enforcement
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1 Administration Fund;
2 (2) if the arresting agency is the Department of
3 Natural Resources, into the Conservation Police Operations
4 Assistance Fund;
5 (3) if the arresting agency is the Secretary of State,
6 into the Secretary of State Police Services Fund; and
7 (4) if the arresting agency is the Illinois Commerce
8 Commission, into the Transportation Regulatory Fund.
9 (d) Fund descriptions and provisions:
10 (1) The Court Automation Fund is to defray the
11 expense, borne by the county, of establishing and
12 maintaining automated record keeping systems in the Office
13 of the Clerk of the Circuit Court. The money shall be
14 remitted monthly by the clerk to the county treasurer and
15 identified as funds for the Circuit Court Clerk. The fund
16 shall be audited by the county auditor, and the board
17 shall make expenditures from the fund in payment of any
18 costs related to the automation of court records including
19 hardware, software, research and development costs, and
20 personnel costs related to the foregoing, provided that
21 the expenditure is approved by the clerk of the court and
22 by the chief judge of the circuit court or his or her
23 designee.
24 (2) The Document Storage Fund is to defray the
25 expense, borne by the county, of establishing and
26 maintaining a document storage system and converting the
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1 records of the circuit court clerk to electronic or
2 micrographic storage. The money shall be remitted monthly
3 by the clerk to the county treasurer and identified as
4 funds for the circuit court clerk. The fund shall be
5 audited by the county auditor, and the board shall make
6 expenditure from the fund in payment of any cost related
7 to the storage of court records, including hardware,
8 software, research and development costs, and personnel
9 costs related to the foregoing, provided that the
10 expenditure is approved by the clerk of the court.
11 (3) The Circuit Clerk Operations and Administration
12 Fund may be used to defray the expenses incurred for
13 collection and disbursement of the various assessment
14 schedules. The money shall be remitted monthly by the
15 clerk to the county treasurer and identified as funds for
16 the circuit court clerk.
17 (4) The State's Attorney Records Automation Fund is to
18 defray the expense of establishing and maintaining
19 automated record keeping systems in the offices of the
20 State's Attorney. The money shall be remitted monthly by
21 the clerk to the county treasurer for deposit into the
22 State's Attorney Records Automation Fund. Expenditures
23 from this fund may be made by the State's Attorney for
24 hardware, software, and research and development related
25 to automated record keeping systems.
26 (5) The Public Defender Records Automation Fund is to
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1 defray the expense of establishing and maintaining
2 automated record keeping systems in the offices of the
3 Public Defender. The money shall be remitted monthly by
4 the clerk to the county treasurer for deposit into the
5 Public Defender Records Automation Fund. Expenditures from
6 this fund may be made by the Public Defender for hardware,
7 software, and research and development related to
8 automated record keeping systems.
9 (6) The DUI Fund shall be used for enforcement and
10 prevention of driving while under the influence of
11 alcohol, other drug or drugs, intoxicating compound or
12 compounds or any combination thereof, as defined by
13 Section 11-501 of the Illinois Vehicle Code, including,
14 but not limited to, the purchase of law enforcement
15 equipment and commodities that will assist in the
16 prevention of alcohol-related criminal violence throughout
17 the State; police officer training and education in areas
18 related to alcohol-related crime, including, but not
19 limited to, DUI training; and police officer salaries,
20 including, but not limited to, salaries for hire-back
21 funding for safety checkpoints, saturation patrols, and
22 liquor store sting operations. Any moneys shall be used to
23 purchase law enforcement equipment that will assist in the
24 prevention of alcohol-related criminal violence throughout
25 the State. The money shall be remitted monthly by the
26 clerk to the State or local treasurer for deposit as
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1 provided by law.
2 (7) The Trauma Center Fund shall be distributed as
3 provided under Section 3.225 of the Emergency Medical
4 Services (EMS) Systems Act.
5 (8) The Probation and Court Services Fund is to be
6 expended as described in Section 15.1 of the Probation and
7 Probation Officers Act.
8 (9) The Circuit Court Clerk Electronic Citation Fund
9 shall have the Circuit Court Clerk as the custodian, ex
10 officio, of the Fund and shall be used to perform the
11 duties required by the office for establishing and
12 maintaining electronic citations. The Fund shall be
13 audited by the county's auditor.
14 (10) The Drug Treatment Fund is a special fund in the
15 State treasury. Moneys in the Fund shall be expended as
16 provided in Section 50-35 of the Substance Use Disorder
17 Act 411.2 of the Illinois Controlled Substances Act.
18 (11) The Violent Crime Victims Assistance Fund is a
19 special fund in the State treasury to provide moneys for
20 the grants to be awarded under the Violent Crime Victims
21 Assistance Act.
22 (12) The Criminal Justice Information Projects Fund
23 shall be appropriated to and administered by the Illinois
24 Criminal Justice Information Authority for distribution to
25 fund Illinois State Police drug task forces and
26 Metropolitan Enforcement Groups, for the costs associated
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1 with making grants under Section 9.3 of the Illinois
2 Criminal Justice Information Act from the Prescription
3 Pill and Drug Disposal Fund, for undertaking criminal
4 justice information projects, and for the operating and
5 other expenses of the Authority incidental to those
6 criminal justice information projects. The moneys
7 deposited into the Criminal Justice Information Projects
8 Fund under Sections 15-15 and 15-35 of this Act shall be
9 appropriated to and administered by the Illinois Criminal
10 Justice Information Authority for distribution to fund
11 Illinois State Police drug task forces and Metropolitan
12 Enforcement Groups by dividing the funds equally by the
13 total number of Illinois State Police drug task forces and
14 Illinois Metropolitan Enforcement Groups.
15 (13) The Sexual Assault Services Fund shall be
16 appropriated to the Department of Human Services Public
17 Health. Upon appropriation of moneys from the Sexual
18 Assault Services Fund, the Department of Human Services
19 Public Health shall make grants of these moneys to sexual
20 assault organizations with whom the Department has
21 contracts for the purpose of providing community-based
22 services to victims of sexual assault. Grants are in
23 addition to, and are not substitutes for, other grants
24 authorized and made by the Department.
25 (14) The County Jail Medical Costs Fund is to help
26 defray the costs outlined in Section 17 of the County Jail
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1 Act. Moneys in the Fund shall be used solely for
2 reimbursement to the county of costs for medical expenses
3 and administration of the Fund.
4 (15) The Prisoner Review Board Vehicle and Equipment
5 Fund is a special fund in the State treasury. The Prisoner
6 Review Board shall, subject to appropriation by the
7 General Assembly and approval by the Secretary, use all
8 moneys in the Prisoner Review Board Vehicle and Equipment
9 Fund for the purchase and operation of vehicles and
10 equipment.
11 (16) In each county in which a Children's Advocacy
12 Center provides services, a Child Advocacy Center Fund is
13 specifically for the operation and administration of the
14 Children's Advocacy Center, from which the county board
15 shall make grants to support the activities and services
16 of the Children's Advocacy Center within that county.
17 (Source: P.A. 101-636, eff. 6-10-20; 102-538, eff. 8-20-21.)
18 (705 ILCS 135/15-15)
19 Sec. 15-15. SCHEDULE 3; felony drug offenses.
20 SCHEDULE 3: For a felony under the Illinois Controlled
21 Substances Act, the Cannabis Control Act, or the
22 Methamphetamine Control and Community Protection Act, the
23 Clerk of the Circuit Court shall collect $2,215 and remit as
24 follows:
25 (1) As the county's portion, $354 to the county treasurer,
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1 who shall deposit the money as follows:
2 (A) $20 into the Court Automation Fund;
3 (B) $20 into the Court Document Storage Fund;
4 (C) $5 into the Circuit Court Clerk Operation and
5 Administrative Fund;
6 (D) $255 into the county's General Fund;
7 (E) $10 into the Child Advocacy Center Fund;
8 (F) $2 into the State's Attorney Records Automation
9 Fund;
10 (G) $2 into the Public Defender Records Automation
11 Fund;
12 (H) $20 into the County Jail Medical Costs Fund; and
13 (I) $20 into the Probation and Court Services Fund.
14 (2) As the State's portion, $1,861 to the State Treasurer,
15 who shall deposit the money as follows:
16 (A) $50 into the State Police Operations Assistance
17 Fund;
18 (B) $100 into the Violent Crime Victims Assistance
19 Fund;
20 (C) $100 into the Trauma Center Fund; and
21 (D) $5 into the Spinal Cord Injury Paralysis Cure
22 Research Trust Fund;
23 (E) $1,500 into the Drug Treatment Fund;
24 (F) $5 into the State Police Merit Board Public Safety
25 Fund;
26 (G) (Blank); $38 into the Prescription Pill and Drug
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1 Disposal Fund;
2 (H) $66 $28 into the Criminal Justice Information
3 Projects Fund; and
4 (I) $35 into the Traffic and Criminal Conviction
5 Surcharge Fund.
6 (Source: P.A. 100-987, eff. 7-1-19.)
7 (705 ILCS 135/15-35)
8 Sec. 15-35. SCHEDULE 7; misdemeanor drug offenses.
9 SCHEDULE 7: For a misdemeanor under the Illinois
10 Controlled Substances Act, the Cannabis Control Act, or the
11 Methamphetamine Control and Community Protection Act, the
12 Clerk of the Circuit Court shall collect $905 and remit as
13 follows:
14 (1) As the county's portion, $282 to the county treasurer,
15 who shall deposit the money as follows:
16 (A) $20 into the Court Automation Fund;
17 (B) $20 into the Court Document Storage Fund;
18 (C) $5 into the Circuit Court Clerk Operation and
19 Administrative Fund;
20 (D) $8 into the Circuit Court Clerk Electronic
21 Citation Fund;
22 (E) $185 into the county's General Fund;
23 (F) $10 into the Child Advocacy Center Fund;
24 (G) $2 into the State's Attorney Records Automation
25 Fund;
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1 (H) $2 into the Public Defenders Records Automation
2 Fund;
3 (I) $10 into the County Jail Medical Costs Fund; and
4 (J) $20 into the Probation and Court Services Fund.
5 (2) As the State's portion, $621 to the State Treasurer,
6 who shall deposit the money as follows:
7 (A) $50 into the State Police Operations Assistance
8 Fund;
9 (B) $75 into the Violent Crime Victims Assistance
10 Fund;
11 (C) $100 into the Trauma Center Fund;
12 (D) $5 into the Spinal Cord Injury Paralysis Cure
13 Research Trust Fund;
14 (E) $300 into the Drug Treatment Fund;
15 (F) (Blank); $38 into the Prescription Pill and Drug
16 Disposal Fund;
17 (G) $66 $28 into the Criminal Justice Information
18 Projects Fund;
19 (H) $5 into the State Police Merit Board Public Safety
20 Fund; and
21 (I) $20 into the Traffic and Criminal Conviction
22 Surcharge Fund.
23 (3) As the arresting agency's portion, $2, to the
24 treasurer of the unit of local government of the arresting
25 agency, who shall deposit the money into the E-citation Fund
26 of that unit of local government or as provided in subsection
HB1075 Enrolled - 510 - LRB104 03072 BDA 13090 b
1 (c) of Section 10-5 of this Act if the arresting agency is a
2 State agency, unless more than one agency is responsible for
3 the arrest in which case the amount shall be remitted to each
4 unit of government equally.
5 (Source: P.A. 100-987, eff. 7-1-19.)
6 (705 ILCS 135/15-70)
7 Sec. 15-70. Conditional assessments. In addition to
8 payments under one of the Schedule of Assessments 1 through 13
9 of this Act, the court shall also order payment of any of the
10 following conditional assessment amounts for each sentenced
11 violation in the case to which a conditional assessment is
12 applicable, which shall be collected and remitted by the Clerk
13 of the Circuit Court as provided in this Section:
14 (1) arson, residential arson, or aggravated arson,
15 $500 per conviction to the State Treasurer for deposit
16 into the Fire Prevention Fund;
17 (2) child pornography under Section 11-20.1 of the
18 Criminal Code of 1961 or the Criminal Code of 2012, $500
19 per conviction, unless more than one agency is responsible
20 for the arrest in which case the amount shall be remitted
21 to each unit of government equally:
22 (A) if the arresting agency is an agency of a unit
23 of local government, $500 to the treasurer of the unit
24 of local government for deposit into the unit of local
25 government's General Fund, except that if the Illinois
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1 State Police provides digital or electronic forensic
2 examination assistance, or both, to the arresting
3 agency then $100 to the State Treasurer for deposit
4 into the State Crime Laboratory Fund; or
5 (B) if the arresting agency is the Illinois State
6 Police, $500 to the State Treasurer for deposit into
7 the State Crime Laboratory Fund;
8 (3) crime laboratory drug analysis for a drug-related
9 offense involving possession or delivery of cannabis or
10 possession or delivery of a controlled substance as
11 defined in the Cannabis Control Act, the Illinois
12 Controlled Substances Act, or the Methamphetamine Control
13 and Community Protection Act, $100 reimbursement for
14 laboratory analysis, as set forth in subsection (f) of
15 Section 5-9-1.4 of the Unified Code of Corrections;
16 (4) DNA analysis, $250 on each conviction in which it
17 was used to the State Treasurer for deposit into the State
18 Crime Laboratory Fund as set forth in Section 5-9-1.4 of
19 the Unified Code of Corrections;
20 (5) DUI analysis, $150 on each sentenced violation in
21 which it was used as set forth in subsection (f) of Section
22 5-9-1.9 of the Unified Code of Corrections;
23 (6) drug-related offense involving possession or
24 delivery of cannabis or possession or delivery of a
25 controlled substance, other than methamphetamine, as
26 defined in the Cannabis Control Act or the Illinois
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1 Controlled Substances Act, an amount not less than the
2 full street value of the cannabis or controlled substance
3 seized for each conviction to be disbursed as follows:
4 (A) 12.5% of the street value assessment shall be
5 paid into the Drug Treatment Youth Drug Abuse
6 Prevention Fund, to be used by the Department of Human
7 Services for the funding of programs and services for
8 drug-abuse treatment, and prevention and education
9 services;
10 (B) 37.5% to the county in which the charge was
11 prosecuted, to be deposited into the county General
12 Fund;
13 (C) 50% to the treasurer of the arresting law
14 enforcement agency of the municipality or county, or
15 to the State Treasurer if the arresting agency was a
16 state agency, to be deposited as provided in
17 subsection (c) of Section 10-5;
18 (D) if the arrest was made in combination with
19 multiple law enforcement agencies, the clerk shall
20 equitably allocate the portion in subparagraph (C) of
21 this paragraph (6) among the law enforcement agencies
22 involved in the arrest;
23 (6.5) Kane County or Will County, in felony,
24 misdemeanor, local or county ordinance, traffic, or
25 conservation cases, up to $30 as set by the county board
26 under Section 5-1101.3 of the Counties Code upon the entry
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1 of a judgment of conviction, an order of supervision, or a
2 sentence of probation without entry of judgment under
3 Section 10 of the Cannabis Control Act, Section 410 of the
4 Illinois Controlled Substances Act, Section 70 of the
5 Methamphetamine Control and Community Protection Act,
6 Section 12-4.3 or subdivision (b)(1) of Section 12-3.05 of
7 the Criminal Code of 1961 or the Criminal Code of 2012,
8 Section 10-102 of the Illinois Alcoholism and Other Drug
9 Dependency Act, or Section 10 of the Steroid Control Act;
10 except in local or county ordinance, traffic, and
11 conservation cases, if fines are paid in full without a
12 court appearance, then the assessment shall not be imposed
13 or collected. Distribution of assessments collected under
14 this paragraph (6.5) shall be as provided in Section
15 5-1101.3 of the Counties Code;
16 (7) methamphetamine-related offense involving
17 possession or delivery of methamphetamine or any salt of
18 an optical isomer of methamphetamine or possession of a
19 methamphetamine manufacturing material as set forth in
20 Section 10 of the Methamphetamine Control and Community
21 Protection Act with the intent to manufacture a substance
22 containing methamphetamine or salt of an optical isomer of
23 methamphetamine, an amount not less than the full street
24 value of the methamphetamine or salt of an optical isomer
25 of methamphetamine or methamphetamine manufacturing
26 materials seized for each conviction to be disbursed as
HB1075 Enrolled - 514 - LRB104 03072 BDA 13090 b
1 follows:
2 (A) 12.5% of the street value assessment shall be
3 paid into the Drug Treatment Youth Drug Abuse
4 Prevention Fund, to be used by the Department of Human
5 Services for the funding of programs and services for
6 drug-abuse treatment, and prevention and education
7 services;
8 (B) 37.5% to the county in which the charge was
9 prosecuted, to be deposited into the county General
10 Fund;
11 (C) 50% to the treasurer of the arresting law
12 enforcement agency of the municipality or county, or
13 to the State Treasurer if the arresting agency was a
14 state agency, to be deposited as provided in
15 subsection (c) of Section 10-5;
16 (D) if the arrest was made in combination with
17 multiple law enforcement agencies, the clerk shall
18 equitably allocate the portion in subparagraph (C) of
19 this paragraph (6) among the law enforcement agencies
20 involved in the arrest;
21 (8) order of protection violation under Section 12-3.4
22 of the Criminal Code of 2012, $200 for each conviction to
23 the county treasurer for deposit into the Probation and
24 Court Services Fund for implementation of a domestic
25 violence surveillance program and any other assessments or
26 fees imposed under Section 5-9-1.16 of the Unified Code of
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1 Corrections;
2 (9) order of protection violation, $25 for each
3 violation to the State Treasurer, for deposit into the
4 Domestic Violence Abuser Services Fund;
5 (10) prosecution by the State's Attorney of a:
6 (A) petty or business offense, $4 to the county
7 treasurer of which $2 deposited into the State's
8 Attorney Records Automation Fund and $2 into the
9 Public Defender Records Automation Fund;
10 (B) conservation or traffic offense, $2 to the
11 county treasurer for deposit into the State's Attorney
12 Records Automation Fund;
13 (11) speeding in a construction zone violation, $250
14 to the State Treasurer for deposit into the Transportation
15 Safety Highway Hire-back Fund, unless (i) the violation
16 occurred on a highway other than an interstate highway and
17 (ii) a county police officer wrote the ticket for the
18 violation, in which case to the county treasurer for
19 deposit into that county's Transportation Safety Highway
20 Hire-back Fund;
21 (12) supervision disposition on an offense under the
22 Illinois Vehicle Code or similar provision of a local
23 ordinance, 50 cents, unless waived by the court, into the
24 Prisoner Review Board Vehicle and Equipment Fund;
25 (13) victim and offender are family or household
26 members as defined in Section 103 of the Illinois Domestic
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1 Violence Act of 1986 and offender pleads guilty or no
2 contest to or is convicted of murder, voluntary
3 manslaughter, involuntary manslaughter, burglary,
4 residential burglary, criminal trespass to residence,
5 criminal trespass to vehicle, criminal trespass to land,
6 criminal damage to property, telephone harassment,
7 kidnapping, aggravated kidnaping, unlawful restraint,
8 forcible detention, child abduction, indecent solicitation
9 of a child, sexual relations between siblings,
10 exploitation of a child, child pornography, assault,
11 aggravated assault, battery, aggravated battery, heinous
12 battery, aggravated battery of a child, domestic battery,
13 reckless conduct, intimidation, criminal sexual assault,
14 predatory criminal sexual assault of a child, aggravated
15 criminal sexual assault, criminal sexual abuse, aggravated
16 criminal sexual abuse, violation of an order of
17 protection, disorderly conduct, endangering the life or
18 health of a child, child abandonment, contributing to
19 dependency or neglect of child, or cruelty to children and
20 others, $200 for each sentenced violation to the State
21 Treasurer for deposit as follows: (i) for sexual assault,
22 as defined in Section 5-9-1.7 of the Unified Code of
23 Corrections, when the offender and victim are family
24 members, one-half to the Domestic Violence Shelter and
25 Service Fund, and one-half to the Sexual Assault Services
26 Fund; (ii) for the remaining offenses to the Domestic
HB1075 Enrolled - 517 - LRB104 03072 BDA 13090 b
1 Violence Shelter and Service Fund;
2 (14) violation of Section 11-501 of the Illinois
3 Vehicle Code, Section 5-7 of the Snowmobile Registration
4 and Safety Act, Section 5-16 of the Boat Registration and
5 Safety Act, or a similar provision, whose operation of a
6 motor vehicle, snowmobile, or watercraft while in
7 violation of Section 11-501, Section 5-7 of the Snowmobile
8 Registration and Safety Act, Section 5-16 of the Boat
9 Registration and Safety Act, or a similar provision
10 proximately caused an incident resulting in an appropriate
11 emergency response, $1,000 maximum to the public agency
12 that provided an emergency response related to the
13 person's violation, or as provided in subsection (c) of
14 Section 10-5 if the arresting agency was a State agency,
15 unless more than one agency was responsible for the
16 arrest, in which case the amount shall be remitted to each
17 unit of government equally;
18 (15) violation of Section 401, 407, or 407.2 of the
19 Illinois Controlled Substances Act that proximately caused
20 any incident resulting in an appropriate drug-related
21 emergency response, $1,000 as reimbursement for the
22 emergency response to the law enforcement agency that made
23 the arrest, or as provided in subsection (c) of Section
24 10-5 if the arresting agency was a State agency, unless
25 more than one agency was responsible for the arrest, in
26 which case the amount shall be remitted to each unit of
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1 government equally;
2 (16) violation of reckless driving, aggravated
3 reckless driving, or driving 26 miles per hour or more in
4 excess of the speed limit that triggered an emergency
5 response, $1,000 maximum reimbursement for the emergency
6 response to be distributed in its entirety to a public
7 agency that provided an emergency response related to the
8 person's violation, or as provided in subsection (c) of
9 Section 10-5 if the arresting agency was a State agency,
10 unless more than one agency was responsible for the
11 arrest, in which case the amount shall be remitted to each
12 unit of government equally;
13 (17) violation based upon each plea of guilty,
14 stipulation of facts, or finding of guilt resulting in a
15 judgment of conviction or order of supervision for an
16 offense under Section 10-9, 11-14.1, 11-14.3, or 11-18 of
17 the Criminal Code of 2012 that results in the imposition
18 of a fine, to be distributed as follows:
19 (A) $50 to the county treasurer for deposit into
20 the Circuit Court Clerk Operation and Administrative
21 Fund to cover the costs in administering this
22 paragraph (17);
23 (B) $300 to the State Treasurer who shall deposit
24 the portion as follows:
25 (i) if the arresting or investigating agency
26 is the Illinois State Police, into the State
HB1075 Enrolled - 519 - LRB104 03072 BDA 13090 b
1 Police Law Enforcement Administration Fund;
2 (ii) if the arresting or investigating agency
3 is the Department of Natural Resources, into the
4 Conservation Police Operations Assistance Fund;
5 (iii) if the arresting or investigating agency
6 is the Secretary of State, into the Secretary of
7 State Police Services Fund;
8 (iv) if the arresting or investigating agency
9 is the Illinois Commerce Commission, into the
10 Transportation Regulatory Fund; or
11 (v) if more than one of the State agencies in
12 this subparagraph (B) is the arresting or
13 investigating agency, then equal shares with the
14 shares deposited as provided in the applicable
15 items (i) through (iv) of this subparagraph (B);
16 and
17 (C) the remainder for deposit into the Specialized
18 Services for Survivors of Human Trafficking Fund;
19 (18) weapons violation under Section 24-1.1, 24-1.2,
20 or 24-1.5 of the Criminal Code of 1961 or the Criminal Code
21 of 2012, $100 for each conviction to the State Treasurer
22 for deposit into the Trauma Center Fund; and
23 (19) violation of subsection (c) of Section 11-907 of
24 the Illinois Vehicle Code, $250 to the State Treasurer for
25 deposit into the Scott's Law Fund, unless a county or
26 municipal police officer wrote the ticket for the
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1 violation, in which case to the county treasurer for
2 deposit into that county's or municipality's
3 Transportation Safety Highway Hire-back Fund to be used as
4 provided in subsection (j) of Section 11-907 of the
5 Illinois Vehicle Code; and.
6 (20) violation of Section 15-109.1 of the Illinois
7 Vehicle Code, $150 to be distributed as follows:
8 (A) 50% to the county treasurer for deposit into
9 the county general fund; and
10 (B) 50% to the treasurer of the arresting law
11 enforcement agency of the municipality or county or to
12 the State Treasurer, if the arresting agency was a
13 State agency, to be deposited as provided in
14 subsection (c) of Section 10-5.
15 Except for traffic violations, fines, and assessments,
16 such as fees or administrative costs authorized in this
17 Section, shall not be ordered or imposed on a minor subject to
18 Article III, IV, or V of the Juvenile Court Act of 1987, or a
19 minor under the age of 18 transferred to adult court or
20 excluded from juvenile court jurisdiction under Article V of
21 the Juvenile Court Act of 1987, or the minor's parent,
22 guardian, or legal custodian.
23 (Source: P.A. 102-145, eff. 7-23-21; 102-505, eff. 8-20-21;
24 102-538, eff. 8-20-21; 102-813, eff. 5-13-22; 103-379, eff.
25 7-28-23; 103-730, eff. 1-1-25; revised 11-23-24.)
HB1075 Enrolled - 521 - LRB104 03072 BDA 13090 b
1 Section 30-175. The Cannabis Control Act is amended by
2 changing Section 10.2 as follows:
3 (720 ILCS 550/10.2) (from Ch. 56 1/2, par. 710.2)
4 Sec. 10.2. (a) Twelve and one-half percent of all amounts
5 collected as fines pursuant to the provisions of this Act
6 shall be paid into the Drug Treatment Youth Drug Abuse
7 Prevention Fund, which is hereby created in the State
8 treasury, to be used by the Department of Human Services for
9 the funding of programs and services for drug-abuse treatment,
10 and prevention and education services, for juveniles.
11 (b) Eighty-seven and one-half percent of the proceeds of
12 all fines received under the provisions of this Act shall be
13 transmitted to and deposited in the treasurer's office at the
14 level of government as follows:
15 (1) If such seizure was made by a combination of law
16 enforcement personnel representing differing units of
17 local government, the court levying the fine shall
18 equitably allocate 50% of the fine among these units of
19 local government and shall allocate 37 1/2% to the county
20 general corporate fund. In the event that the seizure was
21 made by law enforcement personnel representing a unit of
22 local government from a municipality where the number of
23 inhabitants exceeds 2 million in population, the court
24 levying the fine shall allocate 87 1/2% of the fine to that
25 unit of local government. If the seizure was made by a
HB1075 Enrolled - 522 - LRB104 03072 BDA 13090 b
1 combination of law enforcement personnel representing
2 differing units of local government, and at least one of
3 those units represents a municipality where the number of
4 inhabitants exceeds 2 million in population, the court
5 shall equitably allocate 87 1/2% of the proceeds of the
6 fines received among the differing units of local
7 government.
8 (2) If such seizure was made by State law enforcement
9 personnel, then the court shall allocate 37 1/2% to the
10 State treasury and 50% to the county general corporate
11 fund.
12 (3) If a State law enforcement agency in combination
13 with a law enforcement agency or agencies of a unit or
14 units of local government conducted the seizure, the court
15 shall equitably allocate 37 1/2% of the fines to or among
16 the law enforcement agency or agencies of the unit or
17 units of local government which conducted the seizure and
18 shall allocate 50% to the county general corporate fund.
19 (c) The proceeds of all fines allocated to the law
20 enforcement agency or agencies of the unit or units of local
21 government pursuant to subsection (b) shall be made available
22 to that law enforcement agency as expendable receipts for use
23 in the enforcement of laws regulating controlled substances
24 and cannabis. The proceeds of fines awarded to the State
25 treasury shall be deposited into in a special fund known as the
26 Drug Traffic Prevention Fund, except that amounts distributed
HB1075 Enrolled - 523 - LRB104 03072 BDA 13090 b
1 to the Secretary of State shall be deposited into the
2 Secretary of State Evidence Fund to be used as provided in
3 Section 2-115 of the Illinois Vehicle Code. Monies from this
4 fund may be used by the Illinois State Police for use in the
5 enforcement of laws regulating controlled substances and
6 cannabis; to satisfy funding provisions of the
7 Intergovernmental Drug Laws Enforcement Act; to defray costs
8 and expenses associated with returning violators of this Act,
9 the Illinois Controlled Substances Act, and the
10 Methamphetamine Control and Community Protection Act only, as
11 provided in such Acts, when punishment of the crime shall be
12 confinement of the criminal in the penitentiary; and all other
13 monies shall be paid into the General Revenue Fund general
14 revenue fund in the State treasury.
15 (Source: P.A. 102-538, eff. 8-20-21.)
16 Section 30-180. The Illinois Controlled Substances Act is
17 amended by changing Sections 411.2 and 413 as follows:
18 (720 ILCS 570/411.2)
19 Sec. 411.2. Drug Treatment Fund; drug treatment grants.
20 (a) (Blank).
21 (b) (Blank).
22 (c) (Blank).
23 (d) (Blank).
24 (e) (Blank).
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1 (f) (Blank).
2 (g) (Blank).
3 (h) The Drug Treatment Fund is hereby established as a
4 special fund within the State Treasury. The Department of
5 Human Services may make grants to persons licensed under
6 Section 15-10 of the Substance Use Disorder Act or to
7 municipalities or counties from funds appropriated to the
8 Department from the Drug Treatment Fund for the treatment of
9 pregnant women who have a substance use disorder and for the
10 needed care of minor, unemancipated children of women
11 undergoing residential drug treatment. If the Department of
12 Human Services grants funds to a municipality or a county that
13 the Department determines is not experiencing a healthcare
14 need of pregnant women with a substance use disorder, or with
15 care for minor, unemancipated children of women undergoing
16 residential drug treatment, or intervention, the funds shall
17 be used for the treatment of any person with a substance use
18 disorder. The Department may adopt such rules as it deems
19 appropriate for the administration of such grants.
20 (i) (Blank).
21 (Source: P.A. 103-881, eff. 1-1-25.)
22 (720 ILCS 570/413) (from Ch. 56 1/2, par. 1413)
23 Sec. 413. (a) Twelve and one-half percent of all amounts
24 collected as fines pursuant to the provisions of this Article
25 shall be paid into the Drug Treatment Youth Drug Abuse
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1 Prevention Fund, which is hereby created in the State
2 treasury, to be used by the Department for the funding of
3 programs and services for substance use disorder treatment,
4 and prevention and education services, for juveniles.
5 (b) Eighty-seven and one-half percent of the proceeds of
6 all fines received under the provisions of this Article shall
7 be transmitted to and deposited in the treasurer's office at
8 the level of government as follows:
9 (1) If such seizure was made by a combination of law
10 enforcement personnel representing differing units of
11 local government, the court levying the fine shall
12 equitably allocate 50% of the fine among these units of
13 local government and shall allocate 37 1/2% to the county
14 general corporate fund. In the event that the seizure was
15 made by law enforcement personnel representing a unit of
16 local government from a municipality where the number of
17 inhabitants exceeds 2 million in population, the court
18 levying the fine shall allocate 87 1/2% of the fine to that
19 unit of local government. If the seizure was made by a
20 combination of law enforcement personnel representing
21 differing units of local government, and at least one of
22 those units represents a municipality where the number of
23 inhabitants exceeds 2 million in population, the court
24 shall equitably allocate 87 1/2% of the proceeds of the
25 fines received among the differing units of local
26 government.
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1 (2) If such seizure was made by State law enforcement
2 personnel, then the court shall allocate 37 1/2% to the
3 State treasury and 50% to the county general corporate
4 fund.
5 (3) If a State law enforcement agency in combination
6 with a law enforcement agency or agencies of a unit or
7 units of local government conducted the seizure, the court
8 shall equitably allocate 37 1/2% of the fines to or among
9 the law enforcement agency or agencies of the unit or
10 units of local government which conducted the seizure and
11 shall allocate 50% to the county general corporate fund.
12 (c) The proceeds of all fines allocated to the law
13 enforcement agency or agencies of the unit or units of local
14 government pursuant to subsection (b) shall be made available
15 to that law enforcement agency as expendable receipts for use
16 in the enforcement of laws regulating cannabis,
17 methamphetamine, and other controlled substances. The proceeds
18 of fines awarded to the State treasury shall be deposited into
19 in a special fund known as the Drug Traffic Prevention Fund,
20 except that amounts distributed to the Secretary of State
21 shall be deposited into the Secretary of State Evidence Fund
22 to be used as provided in Section 2-115 of the Illinois Vehicle
23 Code. Monies from this fund may be used by the Illinois State
24 Police or use in the enforcement of laws regulating cannabis,
25 methamphetamine, and other controlled substances; to satisfy
26 funding provisions of the Intergovernmental Drug Laws
HB1075 Enrolled - 527 - LRB104 03072 BDA 13090 b
1 Enforcement Act; to defray costs and expenses associated with
2 returning violators of the Cannabis Control Act and this Act
3 only, as provided in those Acts, when punishment of the crime
4 shall be confinement of the criminal in the penitentiary; and
5 all other monies shall be paid into the General Revenue Fund
6 general revenue fund in the State treasury.
7 (Source: P.A. 103-881, eff. 1-1-25.)
8 Section 30-185. The Methamphetamine Control and Community
9 Protection Act is amended by changing Section 95 as follows:
10 (720 ILCS 646/95)
11 Sec. 95. Drug Treatment Youth Drug Abuse Prevention Fund.
12 (a) Twelve and one-half percent of all amounts collected
13 as fines pursuant to the provisions of this Article shall be
14 paid into the Drug Treatment Youth Drug Abuse Prevention Fund
15 created by the Controlled Substances Act in the State
16 treasury, to be used by the Department for the funding of
17 programs and services for drug-abuse treatment, and prevention
18 and education services, for juveniles.
19 (b) Eighty-seven and one-half percent of the proceeds of
20 all fines received under the provisions of this Act shall be
21 transmitted to and deposited into the State treasury and
22 distributed as follows:
23 (1) If such seizure was made by a combination of law
24 enforcement personnel representing differing units of
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1 local government, the court levying the fine shall
2 equitably allocate 50% of the fine among these units of
3 local government and shall allocate 37.5% to the county
4 general corporate fund. If the seizure was made by law
5 enforcement personnel representing a unit of local
6 government from a municipality where the number of
7 inhabitants exceeds 2 million in population, the court
8 levying the fine shall allocate 87.5% of the fine to that
9 unit of local government. If the seizure was made by a
10 combination of law enforcement personnel representing
11 differing units of local government and if at least one of
12 those units represents a municipality where the number of
13 inhabitants exceeds 2 million in population, the court
14 shall equitably allocate 87.5% of the proceeds of the
15 fines received among the differing units of local
16 government.
17 (2) If such seizure was made by State law enforcement
18 personnel, then the court shall allocate 37.5% to the
19 State treasury and 50% to the county general corporate
20 fund.
21 (3) If a State law enforcement agency in combination
22 with any law enforcement agency or agencies of a unit or
23 units of local government conducted the seizure, the court
24 shall equitably allocate 37.5% of the fines to or among
25 the law enforcement agency or agencies of the unit or
26 units of local government that conducted the seizure and
HB1075 Enrolled - 529 - LRB104 03072 BDA 13090 b
1 shall allocate 50% to the county general corporate fund.
2 (c) The proceeds of all fines allocated to the law
3 enforcement agency or agencies of the unit or units of local
4 government pursuant to subsection (b) shall be made available
5 to that law enforcement agency as expendable receipts for use
6 in the enforcement of laws regulating controlled substances
7 and cannabis. The proceeds of fines awarded to the State
8 treasury shall be deposited into in a special fund known as the
9 Drug Traffic Prevention Fund, except that amounts distributed
10 to the Secretary of State shall be deposited into the
11 Secretary of State Evidence Fund to be used as provided in
12 Section 2-115 of the Illinois Vehicle Code. Moneys from this
13 Fund may be used by the Illinois State Police for use in the
14 enforcement of laws regulating controlled substances and
15 cannabis; to satisfy funding provisions of the
16 Intergovernmental Drug Laws Enforcement Act; to defray costs
17 and expenses associated with returning violators of the
18 Cannabis Control Act and this Act only, as provided in those
19 Acts, when punishment of the crime shall be confinement of the
20 criminal in the penitentiary; and all other moneys shall be
21 paid into the General Revenue Fund in the State treasury.
22 (Source: P.A. 102-538, eff. 8-20-21.)
23 Section 30-190. The Code of Criminal Procedure of 1963 is
24 amended by changing Section 119-1 as follows:
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1 (725 ILCS 5/119-1)
2 Sec. 119-1. Death penalty abolished.
3 (a) Beginning on July 1, 2011 (the effective date of
4 Public Act 96-1543) this amendatory Act of the 96th General
5 Assembly, notwithstanding any other law to the contrary, the
6 death penalty is abolished and a sentence to death may not be
7 imposed.
8 (b) The All unobligated and unexpended moneys remaining in
9 the Capital Litigation Trust Fund on the effective date of
10 this amendatory Act of the 96th General Assembly shall be
11 transferred into the Death Penalty Abolition Fund, a special
12 fund in the State treasury, shall to be expended by the
13 Illinois Criminal Justice Information Authority, for services
14 for families of victims of homicide or murder and for training
15 of law enforcement personnel.
16 (Source: P.A. 96-1543, eff. 7-1-11.)
17 Section 30-195. The Narcotics Profit Forfeiture Act is
18 amended by changing Section 5.2 as follows:
19 (725 ILCS 175/5.2) (from Ch. 56 1/2, par. 1655.2)
20 Sec. 5.2. (a) Twelve and one-half percent of all amounts
21 collected as fines pursuant to the provisions of this Act
22 shall be paid into the Drug Treatment Youth Drug Abuse
23 Prevention Fund, which is hereby created in the State
24 treasury, to be used by the Department of Human Services for
HB1075 Enrolled - 531 - LRB104 03072 BDA 13090 b
1 the funding of programs and services for drug-abuse treatment,
2 and prevention and education services, for juveniles.
3 (b) Eighty-seven and one-half percent of the proceeds of
4 all fines received under the provisions of this Act shall be
5 transmitted to and deposited in the treasurer's office at the
6 level of government as follows:
7 (1) If such seizure was made by a combination of law
8 enforcement personnel representing differing units of
9 local government, the court levying the fine shall
10 equitably allocate 50% of the fine among these units of
11 local government and shall allocate 37 1/2% to the county
12 general corporate fund. In the event that the seizure was
13 made by law enforcement personnel representing a unit of
14 local government from a municipality where the number of
15 inhabitants exceeds 2 million in population, the court
16 levying the fine shall allocate 87 1/2% of the fine to that
17 unit of local government. If the seizure was made by a
18 combination of law enforcement personnel representing
19 differing units of local government, and at least one of
20 those units represents a municipality where the number of
21 inhabitants exceeds 2 million in population, the court
22 shall equitably allocate 87 1/2% of the proceeds of the
23 fines received among the differing units of local
24 government.
25 (2) If such seizure was made by State law enforcement
26 personnel, then the court shall allocate 37 1/2% to the
HB1075 Enrolled - 532 - LRB104 03072 BDA 13090 b
1 State treasury and 50% to the county general corporate
2 fund.
3 (3) If a State law enforcement agency in combination
4 with a law enforcement agency or agencies of a unit or
5 units of local government conducted the seizure, the court
6 shall equitably allocate 37 1/2% of the fines to or among
7 the law enforcement agency or agencies of the unit or
8 units of local government which conducted the seizure and
9 shall allocate 50% to the county general corporate fund.
10 (c) The proceeds of all fines allocated to the law
11 enforcement agency or agencies of the unit or units of local
12 government pursuant to subsection (b) shall be made available
13 to that law enforcement agency as expendable receipts for use
14 in the enforcement of laws regulating controlled substances
15 and cannabis. The proceeds of fines awarded to the State
16 treasury shall be deposited into in a special fund known as the
17 Drug Traffic Prevention Fund. Monies from this fund may be
18 used by the Illinois State Police for use in the enforcement of
19 laws regulating controlled substances and cannabis; to satisfy
20 funding provisions of the Intergovernmental Drug Laws
21 Enforcement Act; to defray costs and expenses associated with
22 returning violators of the Cannabis Control Act and the
23 Illinois Controlled Substances Act only, as provided in those
24 Acts, when punishment of the crime shall be confinement of the
25 criminal in the penitentiary; and all other monies shall be
26 paid into the General Revenue Fund general revenue fund in the
HB1075 Enrolled - 533 - LRB104 03072 BDA 13090 b
1 State treasury.
2 (Source: P.A. 102-538, eff. 8-20-21.)
3 Section 30-200. The Unified Code of Corrections is amended
4 by changing Sections 5-9-1.2, 5-9-1.7, and 5-9-1.8 as follows:
5 (730 ILCS 5/5-9-1.2) (from Ch. 38, par. 1005-9-1.2)
6 Sec. 5-9-1.2. (a) Twelve and one-half percent of all
7 amounts collected as fines pursuant to Section 5-9-1.1 shall
8 be paid into the Drug Treatment Youth Drug Abuse Prevention
9 Fund, which is hereby created in the State treasury, to be used
10 by the Department of Human Services for the funding of
11 programs and services for drug-abuse treatment, and prevention
12 and education services, for juveniles.
13 (b) Eighty-seven and one-half percent of the proceeds of
14 all fines received pursuant to Section 5-9-1.1 shall be
15 transmitted to and deposited in the treasurer's office at the
16 level of government as follows:
17 (1) If such seizure was made by a combination of law
18 enforcement personnel representing differing units of
19 local government, the court levying the fine shall
20 equitably allocate 50% of the fine among these units of
21 local government and shall allocate 37 1/2% to the county
22 general corporate fund. In the event that the seizure was
23 made by law enforcement personnel representing a unit of
24 local government from a municipality where the number of
HB1075 Enrolled - 534 - LRB104 03072 BDA 13090 b
1 inhabitants exceeds 2 million in population, the court
2 levying the fine shall allocate 87 1/2% of the fine to that
3 unit of local government. If the seizure was made by a
4 combination of law enforcement personnel representing
5 differing units of local government, and at least one of
6 those units represents a municipality where the number of
7 inhabitants exceeds 2 million in population, the court
8 shall equitably allocate 87 1/2% of the proceeds of the
9 fines received among the differing units of local
10 government.
11 (2) If such seizure was made by State law enforcement
12 personnel, then the court shall allocate 37 1/2% to the
13 State treasury and 50% to the county general corporate
14 fund.
15 (3) If a State law enforcement agency in combination
16 with a law enforcement agency or agencies of a unit or
17 units of local government conducted the seizure, the court
18 shall equitably allocate 37 1/2% of the fines to or among
19 the law enforcement agency or agencies of the unit or
20 units of local government which conducted the seizure and
21 shall allocate 50% to the county general corporate fund.
22 (c) The proceeds of all fines allocated to the law
23 enforcement agency or agencies of the unit or units of local
24 government pursuant to subsection (b) shall be made available
25 to that law enforcement agency as expendable receipts for use
26 in the enforcement of laws regulating controlled substances
HB1075 Enrolled - 535 - LRB104 03072 BDA 13090 b
1 and cannabis. The proceeds of fines awarded to the State
2 treasury shall be deposited into in a special fund known as the
3 Drug Traffic Prevention Fund. Monies from this fund may be
4 used by the Illinois State Police for use in the enforcement of
5 laws regulating controlled substances and cannabis; to satisfy
6 funding provisions of the Intergovernmental Drug Laws
7 Enforcement Act; and to defray costs and expenses associated
8 with returning violators of the Cannabis Control Act, the
9 Illinois Controlled Substances Act, and the Methamphetamine
10 Control and Community Protection Act only, as provided in
11 those Acts, when punishment of the crime shall be confinement
12 of the criminal in the penitentiary. Moneys in the Drug
13 Traffic Prevention Fund deposited from fines awarded as a
14 direct result of enforcement efforts of the Illinois
15 Conservation Police may be used by the Department of Natural
16 Resources Office of Law Enforcement for use in enforcing laws
17 regulating controlled substances and cannabis on Department of
18 Natural Resources regulated lands and waterways. All other
19 monies shall be paid into the General Revenue Fund general
20 revenue fund in the State treasury.
21 (d) There is created in the State treasury the
22 Methamphetamine Law Enforcement Fund. Moneys in the Fund shall
23 be equitably allocated to local law enforcement agencies to:
24 (1) reimburse those agencies for the costs of securing and
25 cleaning up sites and facilities used for the illegal
26 manufacture of methamphetamine; (2) defray the costs of
HB1075 Enrolled - 536 - LRB104 03072 BDA 13090 b
1 employing full-time or part-time peace officers from a
2 Metropolitan Enforcement Group or other local drug task force,
3 including overtime costs for those officers; and (3) defray
4 the costs associated with medical or dental expenses incurred
5 by the county resulting from the incarceration of
6 methamphetamine addicts in the county jail or County
7 Department of Corrections.
8 (Source: P.A. 102-538, eff. 8-20-21.)
9 (730 ILCS 5/5-9-1.7) (from Ch. 38, par. 1005-9-1.7)
10 (Text of Section before amendment by P.A. 103-1071)
11 Sec. 5-9-1.7. Sexual assault fines.
12 (a) Definitions. The terms used in this Section shall have
13 the following meanings ascribed to them:
14 (1) "Sexual assault" means the commission or attempted
15 commission of the following: sexual exploitation of a
16 child, criminal sexual assault, predatory criminal sexual
17 assault of a child, aggravated criminal sexual assault,
18 criminal sexual abuse, aggravated criminal sexual abuse,
19 indecent solicitation of a child, public indecency, sexual
20 relations within families, promoting juvenile
21 prostitution, soliciting for a juvenile prostitute,
22 keeping a place of juvenile prostitution, patronizing a
23 juvenile prostitute, juvenile pimping, exploitation of a
24 child, obscenity, child pornography, aggravated child
25 pornography, harmful material, or ritualized abuse of a
HB1075 Enrolled - 537 - LRB104 03072 BDA 13090 b
1 child, as those offenses are defined in the Criminal Code
2 of 1961 or the Criminal Code of 2012.
3 (2) (Blank).
4 (3) "Sexual assault organization" means any
5 not-for-profit organization providing comprehensive,
6 community-based services to victims of sexual assault.
7 "Community-based services" include, but are not limited
8 to, direct crisis intervention through a 24-hour response,
9 medical and legal advocacy, counseling, information and
10 referral services, training, and community education.
11 (b) (Blank).
12 (c) Sexual Assault Services Fund; administration. There is
13 created a Sexual Assault Services Fund. Moneys deposited into
14 the Fund under Section 15-20 and 15-40 of the Criminal and
15 Traffic Assessment Act shall be appropriated to the Department
16 of Public Health. Upon appropriation of moneys from the Sexual
17 Assault Services Fund, the Department of Public Health shall
18 make grants of these moneys from the Fund to sexual assault
19 organizations with whom the Department has contracts for the
20 purpose of providing community-based services to victims of
21 sexual assault. Grants made under this Section are in addition
22 to, and are not substitutes for, other grants authorized and
23 made by the Department.
24 (Source: P.A. 100-987, eff. 7-1-19.)
25 (Text of Section after amendment by P.A. 103-1071)
HB1075 Enrolled - 538 - LRB104 03072 BDA 13090 b
1 Sec. 5-9-1.7. Sexual assault fines.
2 (a) Definitions. The terms used in this Section shall have
3 the following meanings ascribed to them:
4 (1) "Sexual assault" means the commission or attempted
5 commission of the following: sexual exploitation of a
6 child, criminal sexual assault, predatory criminal sexual
7 assault of a child, aggravated criminal sexual assault,
8 criminal sexual abuse, aggravated criminal sexual abuse,
9 indecent solicitation of a child, public indecency, sexual
10 relations within families, promoting commercial sexual
11 exploitation of a child, soliciting for a sexually
12 exploited child, keeping a place of commercial sexual
13 exploitation of a child, patronizing a sexually exploited
14 child, juvenile pimping, exploitation of a child,
15 obscenity, child pornography, aggravated child
16 pornography, harmful material, or ritualized abuse of a
17 child, as those offenses are defined in the Criminal Code
18 of 1961 or the Criminal Code of 2012.
19 (2) (Blank).
20 (3) "Sexual assault organization" means any
21 not-for-profit organization providing comprehensive,
22 community-based services to victims of sexual assault.
23 "Community-based services" include, but are not limited
24 to, direct crisis intervention through a 24-hour response,
25 medical and legal advocacy, counseling, information and
26 referral services, training, and community education.
HB1075 Enrolled - 539 - LRB104 03072 BDA 13090 b
1 (b) (Blank).
2 (c) Sexual Assault Services Fund; administration. There is
3 created in the State treasury a special fund known as the a
4 Sexual Assault Services Fund. Moneys deposited into the Fund
5 under Sections Section 15-20, and 15-40, and 15-70 of the
6 Criminal and Traffic Assessment Act and Section 6b-4 of the
7 State Finance Act shall be expended as provided in Section
8 10-5 of the Criminal and Traffic Assessment Act appropriated
9 to the Department of Public Health. Upon appropriation of
10 moneys from the Sexual Assault Services Fund, the Department
11 of Public Health shall make grants of these moneys from the
12 Fund to sexual assault organizations with whom the Department
13 has contracts for the purpose of providing community-based
14 services to victims of sexual assault. Grants made under this
15 Section are in addition to, and are not substitutes for, other
16 grants authorized and made by the Department.
17 (Source: P.A. 103-1071, eff. 7-1-25.)
18 (730 ILCS 5/5-9-1.8)
19 Sec. 5-9-1.8. Child pornography fines. Beginning July 1,
20 2025 2006, 100% of the fines in excess of $10,000 collected for
21 violations of Section 11-20.1 of the Criminal Code of 1961 or
22 the Criminal Code of 2012 shall be deposited into the DCFS
23 Children's Services Child Abuse Prevention Fund. Moneys in the
24 Fund resulting from the fines shall be for the use of the
25 Department of Children and Family Services for grants to
HB1075 Enrolled - 540 - LRB104 03072 BDA 13090 b
1 private entities giving treatment and counseling to victims of
2 child sexual abuse.
3 Notwithstanding any other provision of law to the contrary
4 and in addition to any other transfers that may be provided by
5 law, on July 1, 2025, or as soon thereafter as practical, the
6 State Comptroller shall direct and the State Treasurer shall
7 transfer the remaining balance from the Child Abuse Prevention
8 Fund into the DCFS Children's Services Fund. Upon completion
9 of the transfer, the Child Abuse Prevention Fund is dissolved,
10 and any future deposits due to that Fund and any outstanding
11 obligations or liabilities of that Fund pass to the DCFS
12 Children's Services Fund.
13 (Source: P.A. 102-1071, eff. 6-10-22.)
14 Section 30-205. The Job Opportunities for Qualified
15 Applicants Act is amended by changing Section 20 as follows:
16 (820 ILCS 75/20)
17 Sec. 20. Administration of Act and rulemaking authority.
18 (a) The Illinois Department of Labor shall investigate any
19 alleged violations of this Act by an employer or employment
20 agency. If the Department finds that a violation has occurred,
21 the Director of Labor may impose the following civil
22 penalties:
23 (1) For the first violation, the Director shall issue
24 a written warning to the employer or employment agency
HB1075 Enrolled - 541 - LRB104 03072 BDA 13090 b
1 that includes notice regarding penalties for subsequent
2 violations and the employer shall have 30 days to remedy
3 the violation;
4 (2) For the second violation, or if the first
5 violation is not remedied within 30 days of notice by the
6 Department, the Director may impose a civil penalty of up
7 to $500;
8 (3) For the third violation, or if the first violation
9 is not remedied within 60 days of notice by the
10 Department, the Director may impose an additional civil
11 penalty of up to $1,500;
12 (4) For subsequent violations, or if the first
13 violation is not remedied within 90 days of notice by the
14 Department, the Director may impose an additional civil
15 penalty of up to $1,500 for every 30 days that passes
16 thereafter without compliance.
17 (b) Penalties under this Section may be assessed by the
18 Department and recovered in a civil action brought by the
19 Department in any circuit court or in any administrative
20 adjudicative proceeding under this Act. In any such civil
21 action or administrative adjudicative proceeding under this
22 Act, the Department shall be represented by the Attorney
23 General.
24 (c) All moneys recovered as civil penalties under this
25 Section shall be deposited into the Child Labor and Day and
26 Temporary Labor Services Enforcement Fund Job Opportunities
HB1075 Enrolled - 542 - LRB104 03072 BDA 13090 b
1 for Qualified Applicants Enforcement Fund, a special fund
2 which is created in the State treasury. Moneys in the Fund may
3 be used only to enforce employer violations of this Act.
4 (d) The Department may adopt rules necessary to administer
5 this Act and may establish an administrative procedure to
6 adjudicate claims and issue final and binding decisions
7 subject to the Administrative Review Law.
8 (Source: P.A. 98-774, eff. 1-1-15.)
9 Section 30-210. The Family Bereavement Leave Act is
10 amended by changing Section 25 as follows:
11 (820 ILCS 154/25)
12 Sec. 25. Department responsibilities.
13 (a) The Department shall administer and enforce this Act
14 and adopt rules under the Illinois Administrative Procedure
15 Act for the purpose of this Act. The Department shall have the
16 powers and the parties shall have the rights provided in the
17 Illinois Administrative Procedure Act for contested cases. The
18 Department shall have the power to conduct investigations in
19 connection with the administration and enforcement of this
20 Act, including the power to conduct depositions and discovery
21 and to issue subpoenas. If the Department finds cause to
22 believe that this Act has been violated, the Department shall
23 notify the parties in writing and the matter shall be referred
24 to an Administrative Law Judge to schedule a formal hearing in
HB1075 Enrolled - 543 - LRB104 03072 BDA 13090 b
1 accordance with hearing procedures established by rule.
2 (b) The Department is authorized to impose civil penalties
3 prescribed in Section 30 in administrative proceedings that
4 comply with the Illinois Administrative Procedure Act and to
5 supervise the payment of the unpaid wages and damages owing to
6 the employee or employees under this Act. The Department may
7 bring any legal action necessary to recover the amount of
8 unpaid wages, damages, and penalties, and the employer shall
9 be required to pay the costs. Any sums recovered by the
10 Department on behalf of an employee under this Act shall be
11 paid to the employee or employees affected. However, 20% of
12 any penalty collected from the employer for a violation of
13 this Act shall be deposited into the Child Labor and Day and
14 Temporary Labor Services Enforcement Fund Bereavement Fund, a
15 special fund created in the State treasury, and used for the
16 enforcement of this Act.
17 (c) The Attorney General may bring an action to enforce
18 the collection of any civil penalty imposed under this Act.
19 (Source: P.A. 99-703, eff. 7-29-16.)
20 Section 30-215. The Child Labor Law of 2024 is amended by
21 changing Section 75 as follows:
22 (820 ILCS 206/75)
23 Sec. 75. Civil penalties.
24 (a) Any person employing, allowing, or permitting a minor
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1 to work who violates any of the provisions of this Act or any
2 rule adopted under the Act shall be subject to civil penalties
3 as follows:
4 (1) if a minor dies while working for an employer who
5 is found by the Department to have been employing,
6 allowing, or permitting the minor to work in violation of
7 this Act, the employer is subject to a penalty not to
8 exceed $60,000, payable to the Department;
9 (2) if a minor receives an illness or an injury that is
10 required to be reported to the Department under Section 35
11 while working for an employer who is found by the
12 Department to have been employing, allowing, or permitting
13 the minor to work in violation of this Act, the employer is
14 subject to a penalty not to exceed $30,000, payable to the
15 Department;
16 (3) an employer who employs, allows, or permits a
17 minor to work in violation of Section 40 shall be subject
18 to a penalty not to exceed $15,000, payable to the
19 Department;
20 (4) an employer who fails to post or provide the
21 required notice under subsection (g) of Section 35 shall
22 be subject to a penalty not to exceed $500, payable to the
23 Department; and
24 (5) an employer who commits any other violation of
25 this Act shall be subject to a penalty not to exceed
26 $10,000, payable to the Department.
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1 In determining the amount of the penalty, the
2 appropriateness of the penalty to the size of the business of
3 the employer charged and the gravity of the violation shall be
4 considered.
5 Each day during which any violation of this Act continues
6 shall constitute a separate and distinct offense, and the
7 employment of any minor in violation of the Act shall, with
8 respect to each minor so employed, constitute a separate and
9 distinct offense.
10 (b) Any administrative determination by the Department of
11 the amount of each penalty shall be final unless reviewed as
12 provided in Section 70.
13 (c) The amount of the penalty, when finally determined,
14 may be recovered in a civil action brought by the Director in
15 any circuit court, in which litigation the Director shall be
16 represented by the Attorney General. In an action brought by
17 the Department, the Department may request, and the Court may
18 impose on a defendant employer, an additional civil penalty of
19 up to an amount equal to the penalties assessed by the
20 Department to be distributed to an impacted minor. In an
21 action concerning multiple minors, any such penalty imposed by
22 the Court shall be distributed equally among the minors
23 employed in violation of this Act by the defendant employer.
24 (d) Penalties recovered under this Section shall be paid
25 by certified check, money order, or by an electronic payment
26 system designated by the Department, and deposited into the
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1 Child Labor and Day and Temporary Labor Services Enforcement
2 Fund, a special fund in the State treasury. Moneys in the Fund
3 shall be used, subject to appropriation, for exemplary
4 programs, demonstration projects, and other activities or
5 purposes related to the enforcement of this Act, or for the
6 activities or purposes related to the enforcement of the Day
7 and Temporary Labor Services Act, or for the activities or
8 purposes related to the enforcement of the Private Employment
9 Agency Act, for the activities or purposes related to the
10 enforcement of the Job Opportunities for Qualified Applicants
11 Act, and for the activities or purposes related to the
12 enforcement of the Family Bereavement Leave Act.
13 (Source: P.A. 103-721, eff. 1-1-25.)
14 ARTICLE 35.
15 Section 35-5. The Energy Transition Act is amended by
16 changing Section 5-55 as follows:
17 (20 ILCS 730/5-55)
18 (Section scheduled to be repealed on September 15, 2045)
19 Sec. 5-55. Clean Energy Primes Contractor Accelerator
20 Program.
21 (a) As used in this Section:
22 "Approved vendor" means the definition of that term used
23 and as may be updated by the Illinois Power Agency.
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1 "Minority business" means a minority-owned business as
2 defined in Section 2 of the Business Enterprise for
3 Minorities, Women, and Persons with Disabilities Act.
4 "Minority Business Enterprise certification" means the
5 certification or recognition certification affidavit from the
6 Commission on Equity and Inclusion's Business Enterprise
7 Program or a program with equivalent requirements.
8 "Program" means the Clean Energy Primes Contractor
9 Accelerator Program.
10 "Returning resident" has the meaning given to that term in
11 Section 5-50 of this Act.
12 (b) Subject to appropriation, the Department shall
13 develop, and through a Primes Program Administrator and
14 Regional Primes Program Leads described in this Section,
15 administer the Clean Energy Primes Contractor Accelerator
16 Program. The Program shall be administered in 3 program
17 delivery areas: the Northern Illinois Program Delivery Area
18 covering Northern Illinois, the Central Illinois Program
19 Delivery Area covering Central Illinois, and the Southern
20 Illinois Program Delivery Area covering Southern Illinois.
21 Prior to developing the Program, the Department shall solicit
22 public comments, with a 30-day comment period, to gather input
23 on Program implementation and associated community outreach
24 options.
25 (c) The Program shall be available to selected contractors
26 who best meet the following criteria:
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1 (1) 2 or more years of experience in a clean energy or
2 a related contracting field;
3 (2) at least $5,000 in annual business; and
4 (3) a substantial and demonstrated commitment of
5 investing in and partnering with individuals and
6 institutions in equity investment eligible communities.
7 (c-5) The Department shall develop scoring criteria to
8 select contractors for the Program, which shall consider:
9 (1) projected hiring and industry job creation,
10 including wage and benefit expectations;
11 (2) a clear vision of strategic business growth and
12 how increased capitalization would benefit the business;
13 (3) past project work quality and demonstration of
14 technical knowledge;
15 (4) capacity the applicant is anticipated to bring to
16 project development;
17 (5) willingness to assume risk;
18 (6) anticipated revenues from future projects;
19 (7) history of commitment to advancing equity as
20 demonstrated by, among other things, employment of or
21 ownership by equity investment eligible persons and a
22 history of partnership with equity focused community
23 organizations or government programs; and
24 (8) business models that build wealth in the larger
25 underserved community.
26 Applicants for Program participation shall be allowed to
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1 reapply for a future cohort if they are not selected, and the
2 Primes Program Administrator shall inform each applicant of
3 this option.
4 (d) The Department, in consultation with the Primes
5 Program Administrator and Regional Primes Program Leads, shall
6 select a new cohort of participant contractors from each
7 Program Delivery Area every 18 months. Each regional cohort
8 shall include between 3 and 5 participants. The Program shall
9 cap contractors in the energy efficiency sector at 50% of
10 available cohort spots and 50% of available grants and loans,
11 if possible.
12 (e) The Department shall hire a Primes Program
13 Administrator with relevant experience, including experience
14 in leading a large contractor-based business in Illinois;
15 experience coaching and mentoring; experience working in the
16 Illinois clean energy industry; or experience and working with
17 equity investment eligible community members, organizations,
18 and businesses.
19 (f) The Department shall select 3 Regional Primes Program
20 Leads who shall report directly to the Primes Program
21 Administrator. The Regional Primes Program Leads shall be
22 located within their Program Delivery Area and have experience
23 in leading a large contractor-based business in Illinois;
24 coaching and mentoring; the Illinois clean energy industry;
25 developing relationships with companies in the Program
26 Delivery Area; and working with equity investment eligible
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1 community members, organizations, and businesses.
2 (g) The Department may determine how Program elements will
3 be delivered or may contract with organizations with
4 experience delivering the Program elements described in
5 subsection (h) of this Section.
6 (h) The Clean Energy Primes Contractor Accelerator Program
7 shall provide participants with:
8 (1) a 5-year, 6-month progressive course of one-on-one
9 coaching to assist each participant in developing an
10 achievable 5-year business plan, including review of
11 monthly metrics, and advice on achieving participant's
12 goals;
13 (2) operational support grants not to exceed
14 $1,000,000 annually to support the growth of participant
15 contractors with access to capital for upfront project
16 costs and pre-development funding, among others. The
17 amount of the grant shall be based on anticipated project
18 size and scope;
19 (3) business coaching based on the participant's
20 needs;
21 (4) a mentorship of approximately 2 years provided by
22 a qualified company in the participant's field;
23 (5) access to Clean Energy Contractor Incubator
24 Program services;
25 (6) assistance with applying for Minority Business
26 Enterprise certification and other relevant certifications
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1 and approved vendor status for programs offered by
2 utilities or other entities;
3 (7) assistance with preparing bids and Request for
4 Proposal applications;
5 (8) opportunities to be listed in any relevant
6 directories and databases organized by the Commission on
7 Equity and Inclusion;
8 (9) opportunities to connect with participants in
9 other Department programs;
10 (10) assistance connecting with and initiating
11 participation in the Illinois Power Agency's Adjustable
12 Block program, the Illinois Solar for All Program, and
13 utility programs; and
14 (11) financial development assistance programs such as
15 zero-interest or and low-interest loans with the Climate
16 Bank as established by Article 850 of the Illinois Finance
17 Authority Act or a comparable financing mechanism. The
18 Illinois Finance Authority shall retain authority to
19 determine loan repayment terms and conditions.
20 (i) The Primes Program Administrator shall:
21 (1) collect and report performance metrics as
22 described in this Section;
23 (2) review and assess:
24 (i) participant work plans and annual goals; and
25 (ii) the mentorship program, including approved
26 mentor companies and their stipend awards; and
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1 (3) work with the Regional Primes Program Leads to
2 publicize the Program; design and implement a mentorship
3 program; and ensure participants are quickly on-boarded.
4 (j) The Regional Primes Program Leads shall:
5 (1) publicize the Program; the budget shall include
6 funds to pay community-based organizations with a track
7 record of working with equity investment eligible
8 communities to complete this work;
9 (2) recruit qualified Program applicants;
10 (3) assist Program applicants with the application
11 process;
12 (4) introduce participants to the Program offerings;
13 (5) conduct entry and annual assessments with
14 participants to identify training, coaching, and other
15 Program service needs;
16 (6) assist participants in developing goals on entry
17 and annually, and assessing progress toward meeting the
18 goals;
19 (7) establish a metric reporting system with each
20 participant and track the metrics for progress against the
21 contractor's work plan and Program goals;
22 (8) assist participants in receiving their Minority
23 Business Enterprise certification and any other relevant
24 certifications and approved vendor statuses;
25 (9) match participants with Clean Energy Contractor
26 Incubator Program offerings and individualized expert
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1 coaching, including training on working with returning
2 residents and companies that employ them;
3 (10) pair participants with a mentor company;
4 (11) facilitate connections between participants and
5 potential subcontractors and employees;
6 (12) dispense a participant's awarded operational
7 grant funding;
8 (13) connect participants to zero-interest or and
9 low-interest loans from the Climate Bank as established by
10 Article 850 of the Illinois Finance Authority Act or a
11 comparable financing mechanism;
12 (14) encourage participants to apply for appropriate
13 State and private business opportunities;
14 (15) review a participant's progress and make a
15 recommendation to the Department about whether the
16 participant should continue in the Program, be considered
17 a Program graduate, and whether adjustments should be made
18 to a participant's grant funding, loans, and related
19 services;
20 (16) solicit information from participants, which
21 participants shall be required to provide, necessary to
22 understand the participant's business, including financial
23 and income information, certifications that the
24 participant is seeking to obtain, and ownership, employee,
25 and subcontractor data, including compensation, length of
26 service, and demographics; and
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1 (17) other duties as required.
2 (k) Performance metrics. The Primes Program Administrator
3 and Regional Primes Program Leads shall collaborate to collect
4 and report the following metrics quarterly to the Department
5 and Advisory Council:
6 (1) demographic information on cohort recruiting and
7 formation, including racial, gender, geographic
8 distribution data, and data on the number and percentage
9 of R3 residents, environmental justice community
10 residents, foster care alumni, and formerly convicted
11 persons who are cohort applicants and admitted
12 participants;
13 (2) participant contractor engagement in other
14 Illinois clean energy programs such as the Adjustable
15 Block program, Illinois Solar for All Program, and the
16 utility-run energy efficiency and electric vehicle
17 programs;
18 (3) retention of participants in each cohort;
19 (4) total projects bid, started, and completed by
20 participants, including information about revenue, hiring,
21 and subcontractor relationships with projects;
22 (5) certifications issued;
23 (6) employment data for contractor hires and industry
24 jobs created, including demographic, salary, length of
25 service, and geographic data;
26 (7) grants and loans distributed; and
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1 (8) participant satisfaction with the Program.
2 The metrics in paragraphs (2), (4), and (6) shall be
3 collected from Program participants and graduates for 10 years
4 from their entrance into the Program to help the Department
5 and Program Administrators understand the Program's long-term
6 effect.
7 Data should be anonymized where needed to protect
8 participant privacy.
9 The Department shall make such reports publicly available
10 on its website.
11 (l) Mentorship Program.
12 (1) The Regional Primes Program Leads shall recruit,
13 and the Primes Program Administrator shall select, with
14 approval from the Department, private companies with the
15 following qualifications to mentor participants and assist
16 them in succeeding in the clean energy industry:
17 (i) excellent standing with state clean energy
18 programs;
19 (ii) 4 or more years of experience in their field;
20 and
21 (iii) a proven track record of success in their
22 field.
23 (2) Mentor companies may receive a stipend, determined
24 by the Department, for their participation. Mentor
25 companies may identify what level of stipend they require.
26 (3) The Primes Program Administrator shall develop
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1 guidelines for mentor company-mentee profit sharing or
2 purchased services agreements.
3 (4) The Regional Primes Program Leads shall:
4 (i) collaborate with mentor companies and
5 participants to create a plan for ongoing contact such
6 as on-the-job training, site walkthroughs, business
7 process and structure walkthroughs, quality assurance
8 and quality control reviews, and other relevant
9 activities;
10 (ii) recommend the mentor company-mentee pairings
11 and associated mentor company stipends for approval;
12 (iii) conduct an annual review of each mentor
13 company-mentee pairing and recommend whether the
14 pairing continues for a second year and the level of
15 stipend that is appropriate. The review shall also
16 ensure that any profit sharing and purchased services
17 agreements adhere to the guidelines established by the
18 Primes Program Administrator.
19 (5) Contractors may request reassignment to a new
20 mentor company.
21 (m) Disparity study. The Program Administrator shall
22 cooperate with the Illinois Power Agency in the conduct of a
23 disparity study, as described in subsection (c-15) of Section
24 1-75 of the Illinois Power Agency Act, and in the effectuation
25 of appropriate remedies necessary to address any
26 discrimination that such study may find. Potential remedies
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1 shall include, but not be limited to, race-conscious remedies
2 to rapidly eliminate discrimination faced by minority
3 businesses and works in the industry this Program serves,
4 consistent with the law. Remedies shall be developed through
5 consultation with individuals, companies, and organizations
6 that have expertise on discrimination faced in the market and
7 potential legally permissible remedies for addressing it.
8 Notwithstanding any other requirement of this Section, the
9 Program Administrator shall modify program participation
10 criteria or goals as soon as the report has been published, in
11 such a way as is consistent with state and federal law, to
12 rapidly eliminate discrimination on minority businesses and
13 workers in the industry this Program serves by setting
14 standards for Program participation. This study will be paid
15 for with funds from the Energy Transition Assistance Fund or
16 any other lawful source.
17 (n) Program budget.
18 (1) The Department may allocate up to $3,000,000
19 annually to the Primes Program Administrator for each of
20 the 3 regional budgets from the Energy Transition
21 Assistance Fund.
22 (2) The Department Primes Program Administrator shall
23 work with the Illinois Finance Authority and the Climate
24 Bank as established by Article 850 of the Illinois Finance
25 Authority Act or comparable financing institution so that
26 loan loss reserves or other financial assistance may be
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1 sufficient to underwrite up to $7,000,000 in zero-interest
2 or low-interest loans in each of the 3 Program delivery
3 areas. The Department may grant funding to the Illinois
4 Finance Authority from moneys in the Energy Transition
5 Assistance Fund for the financial assistance described in
6 this Section.
7 (3) Any grant and loan funding shall be made available
8 to participants in a timely fashion.
9 (Source: P.A. 102-662, eff. 9-15-21; 103-961, eff. 8-9-24.)
10 Section 35-10. The State Finance Act is amended by
11 changing Section 5g as follows:
12 (30 ILCS 105/5g) (from Ch. 127, par. 141g)
13 Sec. 5g. (a) After July 1, 1991, the General Assembly
14 shall direct the transfer from the General Revenue Fund to the
15 Road Fund of the sum of $36,000,000, or so much thereof as may
16 be necessary, so that after such transfer the total
17 expenditures for the fiscal year beginning July 1, 1990 for
18 the Division of State Troopers from the Road Fund do not exceed
19 the amount appropriated in fiscal year 1990 for the Division
20 of State Troopers. Such transfers shall be completed no later
21 than June 30, 1992.
22 (b) If the General Assembly has not completed the
23 transfers required under subsection (a) of this Section on or
24 before June 30, 1992, and if the General Revenue Fund balance
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1 is $250 million or greater on June 30, 1992 or June 30th of any
2 year thereafter, on July 1 of the fiscal year immediately
3 following the fiscal year which has a June 30th balance of $250
4 million or greater, the Comptroller shall order the transfer
5 and the Treasurer shall transfer from the General Revenue Fund
6 to the Road Fund one-twelfth of the amount remaining to be
7 transferred on July 15, 1992, with such transfers continuing
8 on the first of each month thereafter until the total
9 transfers required to be made by this Section have been
10 completed.
11 (c) In addition to any other transfers that may be
12 provided for by law, on July 1, 2025, or as soon thereafter as
13 practical, the State Comptroller shall direct and the State
14 Treasurer shall transfer the sum of $8,000,000 from the Road
15 Fund to the Illinois State Police Federal Projects Fund to be
16 used for purposes consistent with Section 11 of Article IX of
17 the Illinois Constitution.
18 (Source: P.A. 86-1159; 87-860.)
19 ARTICLE 40.
20 Section 40-5. The School Code is amended by changing
21 Sections 14-7.02 and 18-8.15 as follows:
22 (105 ILCS 5/14-7.02) (from Ch. 122, par. 14-7.02)
23 Sec. 14-7.02. Children attending private special education
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1 schools, separate public special education day schools, public
2 out-of-state schools, public school residential facilities, or
3 private special education facilities.
4 (a) The General Assembly recognizes that non-public
5 schools or special education facilities provide an important
6 service in the educational system in Illinois.
7 (b) If a student's individualized education program (IEP)
8 team determines that because of his or her disability the
9 special education program of a district is unable to meet the
10 needs of the child and the child attends a non-public school or
11 special education facility, a public out-of-state school or a
12 special education facility owned and operated by a county
13 government unit that provides special educational services
14 required by the child and is in compliance with the
15 appropriate rules and regulations of the State Superintendent
16 of Education, the school district in which the child is a
17 resident shall pay the actual cost of tuition for special
18 education and related services provided during the regular
19 school term and during the summer school term if the child's
20 educational needs so require, excluding room, board and
21 transportation costs charged the child by that non-public
22 school or special education facility, public out-of-state
23 school or county special education facility, or $4,500 per
24 year, whichever is less, and shall provide him any necessary
25 transportation. "Nonpublic special education facility" shall
26 include a residential facility, within or without the State of
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1 Illinois, which provides special education and related
2 services to meet the needs of the child by utilizing private
3 schools or public schools, whether located on the site or off
4 the site of the residential facility. Resident district
5 financial responsibility and reimbursement applies for both
6 nonpublic special education facilities that are approved by
7 the State Board of Education pursuant to 23 Ill. Adm. Code 401
8 or other applicable laws or rules and for emergency
9 residential placements in nonpublic special education
10 facilities that are not approved by the State Board of
11 Education pursuant to 23 Ill. Adm. Code 401 or other
12 applicable laws or rules, subject to the requirements of this
13 Section.
14 (c) Prior to the placement of a child in an out-of-state
15 special education residential facility, the school district
16 must refer to the child or the child's parent or guardian the
17 option to place the child in a special education residential
18 facility located within this State, if any, that provides
19 treatment and services comparable to those provided by the
20 out-of-state special education residential facility. The
21 school district must review annually the placement of a child
22 in an out-of-state special education residential facility. As
23 a part of the review, the school district must refer to the
24 child or the child's parent or guardian the option to place the
25 child in a comparable special education residential facility
26 located within this State, if any.
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1 (c-5) Before a provider that operates a nonpublic special
2 education facility terminates a student's placement in that
3 facility, the provider must request an IEP meeting from the
4 contracting school district. If the provider elects to
5 terminate the student's placement following the IEP meeting,
6 the provider must give written notice to this effect to the
7 parent or guardian, the contracting public school district,
8 and the State Board of Education no later than 20 business days
9 before the date of termination, unless the health and safety
10 of any student are endangered. The notice must include the
11 detailed reasons for the termination and any actions taken to
12 address the reason for the termination.
13 (d) Payments shall be made by the resident school district
14 to the entity providing the educational services, whether the
15 entity is the nonpublic special education facility or the
16 school district wherein the facility is located, no less than
17 once per quarter, unless otherwise agreed to in writing by the
18 parties.
19 (e) A school district may residentially place a student in
20 a nonpublic special education facility providing educational
21 services, but not approved by the State Board of Education
22 pursuant to 23 Ill. Adm. Code 401 or other applicable laws or
23 rules, provided that the State Board of Education provides an
24 emergency and student-specific approval for residential
25 placement. The State Board of Education shall promptly, within
26 10 days after the request, approve a request for emergency and
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1 student-specific approval for residential placement if the
2 following have been demonstrated to the State Board of
3 Education:
4 (1) the facility demonstrates appropriate licensure of
5 teachers for the student population;
6 (2) the facility demonstrates age-appropriate
7 curriculum;
8 (3) the facility provides enrollment and attendance
9 data;
10 (4) the facility demonstrates the ability to implement
11 the child's IEP; and
12 (5) the school district demonstrates that it made good
13 faith efforts to residentially place the student in an
14 approved facility, but no approved facility has accepted
15 the student or has availability for immediate residential
16 placement of the student.
17 A resident school district may also submit such proof to the
18 State Board of Education as may be required for its student.
19 The State Board of Education may not unreasonably withhold
20 approval once satisfactory proof is provided to the State
21 Board.
22 (f) If an impartial due process hearing officer who is
23 contracted by the State Board of Education pursuant to this
24 Article orders placement of a student with a disability in a
25 residential facility that is not approved by the State Board
26 of Education, then, for purposes of this Section, the facility
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1 shall be deemed approved for placement and school district
2 payments and State reimbursements shall be made accordingly.
3 (g) Emergency residential placement in a facility approved
4 pursuant to subsection (e) or (f) may continue to be utilized
5 so long as (i) the student's IEP team determines annually that
6 such placement continues to be appropriate to meet the
7 student's needs and (ii) at least every 3 years following the
8 student's residential placement, the IEP team reviews
9 appropriate placements approved by the State Board of
10 Education pursuant to 23 Ill. Adm. Code 401 or other
11 applicable laws or rules to determine whether there are any
12 approved placements that can meet the student's needs, have
13 accepted the student, and have availability for placement of
14 the student.
15 (h) The State Board of Education shall promulgate rules
16 and regulations for determining when placement in a private
17 special education facility is appropriate. Such rules and
18 regulations shall take into account the various types of
19 services needed by a child and the availability of such
20 services to the particular child in the public school. In
21 developing these rules and regulations the State Board of
22 Education shall consult with the Advisory Council on Education
23 of Children with Disabilities and hold public hearings to
24 secure recommendations from parents, school personnel, and
25 others concerned about this matter.
26 The State Board of Education shall also promulgate rules
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1 and regulations for transportation to and from a residential
2 school. Transportation to and from home to a residential
3 school more than once each school term shall be subject to
4 prior approval by the State Superintendent in accordance with
5 the rules and regulations of the State Board.
6 (i) A school district making tuition payments pursuant to
7 this Section is eligible for reimbursement from the State for
8 the amount of such payments actually made in excess of the
9 district per capita tuition charge for students not receiving
10 special education services. Such reimbursement shall be
11 approved in accordance with Section 14-12.01 and each district
12 shall file its claims, computed in accordance with rules
13 prescribed by the State Board of Education, on forms
14 prescribed by the State Superintendent of Education. Data used
15 as a basis of reimbursement claims shall be for the preceding
16 regular school term and summer school term. Each school
17 district shall transmit its claims to the State Board of
18 Education on or before August 15. However, for claims payable
19 in Fiscal Year 2026, each school district shall transmit its
20 claims to the State Board of Education on or before September
21 15. The State Board of Education, before approving any such
22 claims, shall determine their accuracy and whether they are
23 based upon services and facilities provided under approved
24 programs. Upon approval the State Board shall cause vouchers
25 to be prepared showing the amount due for payment of
26 reimbursement claims to school districts, for transmittal to
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1 the State Comptroller on the 30th day of September, December,
2 and March, respectively, and the final voucher, no later than
3 June 20. However, for vouchers payable in Fiscal Year 2026,
4 upon approval the State Board of Education shall cause
5 vouchers to be prepared showing the amount due for payment of
6 reimbursement claims to school districts, for transmittal to
7 the State Comptroller on the 30th day of November, December,
8 and March, respectively, and the final voucher, no later than
9 June 20. If the money appropriated by the General Assembly for
10 such purpose for any year is insufficient, it shall be
11 apportioned on the basis of the claims approved.
12 (j) No child shall be placed in a special education
13 program pursuant to this Section if the tuition cost for
14 special education and related services increases more than 10
15 percent over the tuition cost for the previous school year or
16 exceeds $4,500 per year unless such costs have been approved
17 by the Illinois Purchased Care Review Board. The Illinois
18 Purchased Care Review Board shall consist of the following
19 persons, or their designees: the Directors of Children and
20 Family Services, Public Health, Public Aid, and the Governor's
21 Office of Management and Budget; the Secretary of Human
22 Services; the State Superintendent of Education; and such
23 other persons as the Governor may designate. The Review Board
24 shall also consist of one non-voting member who is an
25 administrator of a private, nonpublic, special education
26 school, one non-voting member who is an administrator of a
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1 separate public special education day school, and one
2 non-voting member from a State agency that administers and
3 provides early childhood education and care programs and
4 services to children and families. The Review Board shall
5 establish rules and regulations for its determination of
6 allowable costs and payments made by local school districts
7 for special education, room and board, and other related
8 services provided by non-public schools, separate public
9 special education day schools, or special education facilities
10 and shall establish uniform standards and criteria which it
11 shall follow. The Review Board shall approve the usual and
12 customary rate or rates of a special education program that
13 (i) is offered by an out-of-state, non-public provider of
14 integrated autism specific educational and autism specific
15 residential services, (ii) offers 2 or more levels of
16 residential care, including at least one locked facility, and
17 (iii) serves 12 or fewer Illinois students.
18 (k) In determining rates based on allowable costs, the
19 Review Board shall consider any wage increases awarded by the
20 General Assembly to front line personnel defined as direct
21 support persons, aides, front-line supervisors, qualified
22 intellectual disabilities professionals, nurses, and
23 non-administrative support staff working in service settings
24 in community-based settings within the State and adjust
25 customary rates or rates of a special education program to be
26 equitable to the wage increase awarded to similar staff
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1 positions in a community residential setting. Any wage
2 increase awarded by the General Assembly to front line
3 personnel defined as direct support persons, aides, front-line
4 supervisors, qualified intellectual disabilities
5 professionals, nurses, and non-administrative support staff
6 working in community-based settings within the State,
7 including the $0.75 per hour increase contained in Public Act
8 100-23 and the $0.50 per hour increase included in Public Act
9 100-23, shall also be a basis for any facility covered by this
10 Section to appeal its rate before the Review Board under the
11 process defined in Title 89, Part 900, Section 340 of the
12 Illinois Administrative Code. Illinois Administrative Code
13 Title 89, Part 900, Section 342 shall be updated to recognize
14 wage increases awarded to community-based settings to be a
15 basis for appeal. However, any wage increase that is captured
16 upon appeal from a previous year shall not be counted by the
17 Review Board as revenue for the purpose of calculating a
18 facility's future rate.
19 (l) Any definition used by the Review Board in
20 administrative rule or policy to define "related
21 organizations" shall include any and all exceptions contained
22 in federal law or regulation as it pertains to the federal
23 definition of "related organizations".
24 (m) The Review Board shall establish uniform definitions
25 and criteria for accounting separately by special education,
26 room and board and other related services costs. The Board
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1 shall also establish guidelines for the coordination of
2 services and financial assistance provided by all State
3 agencies to assure that no otherwise qualified child with a
4 disability receiving services under Article 14 shall be
5 excluded from participation in, be denied the benefits of or
6 be subjected to discrimination under any program or activity
7 provided by any State agency.
8 (n) The Review Board shall review the costs for special
9 education and related services provided by non-public schools,
10 separate public special education day schools, or special
11 education facilities and shall approve or disapprove such
12 facilities in accordance with the rules and regulations
13 established by it with respect to allowable costs.
14 (o) The State Board of Education shall provide
15 administrative and staff support for the Review Board as
16 deemed reasonable by the State Superintendent of Education.
17 This support shall not include travel expenses or other
18 compensation for any Review Board member other than the State
19 Superintendent of Education.
20 (p) The Review Board shall seek the advice of the Advisory
21 Council on Education of Children with Disabilities on the
22 rules and regulations to be promulgated by it relative to
23 providing special education services.
24 (q) If a child has been placed in a program in which the
25 actual per pupil costs of tuition for special education and
26 related services based on program enrollment, excluding room,
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1 board and transportation costs, exceed $4,500 and such costs
2 have been approved by the Review Board, the district shall pay
3 such total costs which exceed $4,500. A district making such
4 tuition payments in excess of $4,500 pursuant to this Section
5 shall be responsible for an amount in excess of $4,500 equal to
6 the district per capita tuition charge and shall be eligible
7 for reimbursement from the State for the amount of such
8 payments actually made in excess of the district's per capita
9 tuition charge for students not receiving special education
10 services. If a child has been placed in a private special
11 education school, separate public special education day
12 school, or private special education facility, a district
13 making tuition payments in excess of $4,500 pursuant to this
14 Section shall be responsible for an amount in excess of $4,500
15 equal to 2 times the district's per capita tuition charge and
16 shall be eligible for reimbursement from the State for the
17 amount of such payments actually made in excess of 2 times the
18 district's per capita tuition charge for students not
19 receiving special education services.
20 (r) If a child has been placed in an approved individual
21 program and the tuition costs including room and board costs
22 have been approved by the Review Board, then such room and
23 board costs shall be paid by the appropriate State agency
24 subject to the provisions of Section 14-8.01 of this Act. Room
25 and board costs not provided by a State agency other than the
26 State Board of Education shall be provided by the State Board
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1 of Education on a current basis. In no event, however, shall
2 the State's liability for funding of these tuition costs begin
3 until after the legal obligations of third party payors have
4 been subtracted from such costs. If the money appropriated by
5 the General Assembly for such purpose for any year is
6 insufficient, it shall be apportioned on the basis of the
7 claims approved. Each district shall submit estimated claims
8 to the State Superintendent of Education. Upon approval of
9 such claims, the State Superintendent of Education shall
10 direct the State Comptroller to make payments on a monthly
11 basis. The frequency for submitting estimated claims and the
12 method of determining payment shall be prescribed in rules and
13 regulations adopted by the State Board of Education. Such
14 current state reimbursement shall be reduced by an amount
15 equal to the proceeds which the child or child's parents are
16 eligible to receive under any public or private insurance or
17 assistance program. Nothing in this Section shall be construed
18 as relieving an insurer or similar third party from an
19 otherwise valid obligation to provide or to pay for services
20 provided to a child with a disability.
21 (s) If it otherwise qualifies, a school district is
22 eligible for the transportation reimbursement under Section
23 14-13.01 and for the reimbursement of tuition payments under
24 this Section whether the non-public school or special
25 education facility, public out-of-state school or county
26 special education facility, attended by a child who resides in
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1 that district and requires special educational services, is
2 within or outside of the State of Illinois. However, a
3 district is not eligible to claim transportation reimbursement
4 under this Section unless the district certifies to the State
5 Superintendent of Education that the district is unable to
6 provide special educational services required by the child for
7 the current school year.
8 (t) Nothing in this Section authorizes the reimbursement
9 of a school district for the amount paid for tuition of a child
10 attending a non-public school or special education facility, a
11 public special education facility, a public out-of-state
12 school, or a county special education facility unless the
13 school district certifies to the State Superintendent of
14 Education that the special education program of that district
15 is unable to meet the needs of that child because of the
16 child's disability and the State Superintendent of Education
17 finds that the school district is in substantial compliance
18 with Section 14-4.01. However, if a child is unilaterally
19 placed by a State agency or any court in a non-public school or
20 special education facility, public out-of-state school, or
21 county special education facility, a school district shall not
22 be required to certify to the State Superintendent of
23 Education, for the purpose of tuition reimbursement, that the
24 special education program of that district is unable to meet
25 the needs of a child because of his or her disability.
26 (u) Any educational or related services provided, pursuant
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1 to this Section in a non-public school or special education
2 facility or a special education facility owned and operated by
3 a county government unit shall be at no cost to the parent or
4 guardian of the child. However, current law and practices
5 relative to contributions by parents or guardians for costs
6 other than educational or related services are not affected by
7 this amendatory Act of 1978.
8 (v) Reimbursement for children attending public school
9 residential facilities shall be made in accordance with the
10 provisions of this Section.
11 (w) Notwithstanding any other provision of law, any school
12 district receiving a payment under this Section or under
13 Section 14-7.02b, 14-13.01, or 29-5 of this Code may classify
14 all or a portion of the funds that it receives in a particular
15 fiscal year or from general State aid pursuant to Section
16 18-8.05 of this Code as funds received in connection with any
17 funding program for which it is entitled to receive funds from
18 the State in that fiscal year (including, without limitation,
19 any funding program referenced in this Section), regardless of
20 the source or timing of the receipt. The district may not
21 classify more funds as funds received in connection with the
22 funding program than the district is entitled to receive in
23 that fiscal year for that program. Any classification by a
24 district must be made by a resolution of its board of
25 education. The resolution must identify the amount of any
26 payments or general State aid to be classified under this
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1 paragraph and must specify the funding program to which the
2 funds are to be treated as received in connection therewith.
3 This resolution is controlling as to the classification of
4 funds referenced therein. A certified copy of the resolution
5 must be sent to the State Superintendent of Education. The
6 resolution shall still take effect even though a copy of the
7 resolution has not been sent to the State Superintendent of
8 Education in a timely manner. No classification under this
9 paragraph by a district shall affect the total amount or
10 timing of money the district is entitled to receive under this
11 Code. No classification under this paragraph by a district
12 shall in any way relieve the district from or affect any
13 requirements that otherwise would apply with respect to that
14 funding program, including any accounting of funds by source,
15 reporting expenditures by original source and purpose,
16 reporting requirements, or requirements of providing services.
17 (x) The State Board of Education may adopt such rules as
18 may be necessary to implement this Section.
19 (Source: P.A. 102-254, eff. 8-6-21; 102-703, eff. 4-22-22;
20 103-175, eff. 6-30-23; 103-546, eff. 8-11-23; 103-605, eff.
21 7-1-24; 103-644, eff. 7-1-24.)
22 (105 ILCS 5/18-8.15)
23 Sec. 18-8.15. Evidence-Based Funding for student success
24 for the 2017-2018 and subsequent school years.
25 (a) General provisions.
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1 (1) The purpose of this Section is to ensure that, by
2 June 30, 2027 and beyond, this State has a kindergarten
3 through grade 12 public education system with the capacity
4 to ensure the educational development of all persons to
5 the limits of their capacities in accordance with Section
6 1 of Article X of the Constitution of the State of
7 Illinois. To accomplish that objective, this Section
8 creates a method of funding public education that is
9 evidence-based; is sufficient to ensure every student
10 receives a meaningful opportunity to learn irrespective of
11 race, ethnicity, sexual orientation, gender, or
12 community-income level; and is sustainable and
13 predictable. When fully funded under this Section, every
14 school shall have the resources, based on what the
15 evidence indicates is needed, to:
16 (A) provide all students with a high quality
17 education that offers the academic, enrichment, social
18 and emotional support, technical, and career-focused
19 programs that will allow them to become competitive
20 workers, responsible parents, productive citizens of
21 this State, and active members of our national
22 democracy;
23 (B) ensure all students receive the education they
24 need to graduate from high school with the skills
25 required to pursue post-secondary education and
26 training for a rewarding career;
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1 (C) reduce, with a goal of eliminating, the
2 achievement gap between at-risk and non-at-risk
3 students by raising the performance of at-risk
4 students and not by reducing standards; and
5 (D) ensure this State satisfies its obligation to
6 assume the primary responsibility to fund public
7 education and simultaneously relieve the
8 disproportionate burden placed on local property taxes
9 to fund schools.
10 (2) The Evidence-Based Funding formula under this
11 Section shall be applied to all Organizational Units in
12 this State. The Evidence-Based Funding formula outlined in
13 this Act is based on the formula outlined in Senate Bill 1
14 of the 100th General Assembly, as passed by both
15 legislative chambers. As further defined and described in
16 this Section, there are 4 major components of the
17 Evidence-Based Funding model:
18 (A) First, the model calculates a unique Adequacy
19 Target for each Organizational Unit in this State that
20 considers the costs to implement research-based
21 activities, the unit's student demographics, and
22 regional wage differences.
23 (B) Second, the model calculates each
24 Organizational Unit's Local Capacity, or the amount
25 each Organizational Unit is assumed to contribute
26 toward its Adequacy Target from local resources.
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1 (C) Third, the model calculates how much funding
2 the State currently contributes to the Organizational
3 Unit and adds that to the unit's Local Capacity to
4 determine the unit's overall current adequacy of
5 funding.
6 (D) Finally, the model's distribution method
7 allocates new State funding to those Organizational
8 Units that are least well-funded, considering both
9 Local Capacity and State funding, in relation to their
10 Adequacy Target.
11 (3) An Organizational Unit receiving any funding under
12 this Section may apply those funds to any fund so received
13 for which that Organizational Unit is authorized to make
14 expenditures by law.
15 (4) As used in this Section, the following terms shall
16 have the meanings ascribed in this paragraph (4):
17 "Adequacy Target" is defined in paragraph (1) of
18 subsection (b) of this Section.
19 "Adjusted EAV" is defined in paragraph (4) of
20 subsection (d) of this Section.
21 "Adjusted Local Capacity Target" is defined in
22 paragraph (3) of subsection (c) of this Section.
23 "Adjusted Operating Tax Rate" means a tax rate for all
24 Organizational Units, for which the State Superintendent
25 shall calculate and subtract for the Operating Tax Rate a
26 transportation rate based on total expenses for
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1 transportation services under this Code, as reported on
2 the most recent Annual Financial Report in Pupil
3 Transportation Services, function 2550 in both the
4 Education and Transportation funds and functions 4110 and
5 4120 in the Transportation fund, less any corresponding
6 fiscal year State of Illinois scheduled payments excluding
7 net adjustments for prior years for regular, vocational,
8 or special education transportation reimbursement pursuant
9 to Section 29-5 or subsection (b) of Section 14-13.01 of
10 this Code divided by the Adjusted EAV. If an
11 Organizational Unit's corresponding fiscal year State of
12 Illinois scheduled payments excluding net adjustments for
13 prior years for regular, vocational, or special education
14 transportation reimbursement pursuant to Section 29-5 or
15 subsection (b) of Section 14-13.01 of this Code exceed the
16 total transportation expenses, as defined in this
17 paragraph, no transportation rate shall be subtracted from
18 the Operating Tax Rate.
19 "Allocation Rate" is defined in paragraph (3) of
20 subsection (g) of this Section.
21 "Alternative School" means a public school that is
22 created and operated by a regional superintendent of
23 schools and approved by the State Board.
24 "Applicable Tax Rate" is defined in paragraph (1) of
25 subsection (d) of this Section.
26 "Assessment" means any of those benchmark, progress
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1 monitoring, formative, diagnostic, and other assessments,
2 in addition to the State accountability assessment, that
3 assist teachers' needs in understanding the skills and
4 meeting the needs of the students they serve.
5 "Assistant principal" means a school administrator
6 duly endorsed to be employed as an assistant principal in
7 this State.
8 "At-risk student" means a student who is at risk of
9 not meeting the Illinois Learning Standards or not
10 graduating from elementary or high school and who
11 demonstrates a need for vocational support or social
12 services beyond that provided by the regular school
13 program. All students included in an Organizational Unit's
14 Low-Income Count, as well as all English learner and
15 disabled students attending the Organizational Unit, shall
16 be considered at-risk students under this Section.
17 "Average Student Enrollment" or "ASE" for fiscal year
18 2018 means, for an Organizational Unit, the greater of the
19 average number of students (grades K through 12) reported
20 to the State Board as enrolled in the Organizational Unit
21 on October 1 in the immediately preceding school year,
22 plus the pre-kindergarten students who receive special
23 education services of 2 or more hours a day as reported to
24 the State Board on December 1 in the immediately preceding
25 school year, or the average number of students (grades K
26 through 12) reported to the State Board as enrolled in the
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1 Organizational Unit on October 1, plus the
2 pre-kindergarten students who receive special education
3 services of 2 or more hours a day as reported to the State
4 Board on December 1, for each of the immediately preceding
5 3 school years. For fiscal year 2019 and each subsequent
6 fiscal year, "Average Student Enrollment" or "ASE" means,
7 for an Organizational Unit, the greater of the average
8 number of students (grades K through 12) reported to the
9 State Board as enrolled in the Organizational Unit on
10 October 1 and March 1 in the immediately preceding school
11 year, plus the pre-kindergarten students who receive
12 special education services as reported to the State Board
13 on October 1 and March 1 in the immediately preceding
14 school year, or the average number of students (grades K
15 through 12) reported to the State Board as enrolled in the
16 Organizational Unit on October 1 and March 1, plus the
17 pre-kindergarten students who receive special education
18 services as reported to the State Board on October 1 and
19 March 1, for each of the immediately preceding 3 school
20 years. For the purposes of this definition, "enrolled in
21 the Organizational Unit" means the number of students
22 reported to the State Board who are enrolled in schools
23 within the Organizational Unit that the student attends or
24 would attend if not placed or transferred to another
25 school or program to receive needed services. For the
26 purposes of calculating "ASE", all students, grades K
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1 through 12, excluding those attending kindergarten for a
2 half day and students attending an alternative education
3 program operated by a regional office of education or
4 intermediate service center, shall be counted as 1.0. All
5 students attending kindergarten for a half day shall be
6 counted as 0.5, unless in 2017 by June 15 or by March 1 in
7 subsequent years, the school district reports to the State
8 Board of Education the intent to implement full-day
9 kindergarten district-wide for all students, then all
10 students attending kindergarten shall be counted as 1.0.
11 Special education pre-kindergarten students shall be
12 counted as 0.5 each. If the State Board does not collect or
13 has not collected both an October 1 and March 1 enrollment
14 count by grade or a December 1 collection of special
15 education pre-kindergarten students as of August 31, 2017
16 (the effective date of Public Act 100-465), it shall
17 establish such collection for all future years. For any
18 year in which a count by grade level was collected only
19 once, that count shall be used as the single count
20 available for computing a 3-year average ASE. Funding for
21 programs operated by a regional office of education or an
22 intermediate service center must be calculated using the
23 Evidence-Based Funding formula under this Section for the
24 2019-2020 school year and each subsequent school year
25 until separate adequacy formulas are developed and adopted
26 for each type of program. ASE for a program operated by a
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1 regional office of education or an intermediate service
2 center must be determined by the March 1 enrollment for
3 the program. For the 2019-2020 school year, the ASE used
4 in the calculation must be the first-year ASE and, in that
5 year only, the assignment of students served by a regional
6 office of education or intermediate service center shall
7 not result in a reduction of the March enrollment for any
8 school district. For the 2020-2021 school year, the ASE
9 must be the greater of the current-year ASE or the 2-year
10 average ASE. Beginning with the 2021-2022 school year, the
11 ASE must be the greater of the current-year ASE or the
12 3-year average ASE. School districts shall submit the data
13 for the ASE calculation to the State Board within 45 days
14 of the dates required in this Section for submission of
15 enrollment data in order for it to be included in the ASE
16 calculation. For fiscal year 2018 only, the ASE
17 calculation shall include only enrollment taken on October
18 1. In recognition of the impact of COVID-19, the
19 definition of "Average Student Enrollment" or "ASE" shall
20 be adjusted for calculations under this Section for fiscal
21 years 2022 through 2024. For fiscal years 2022 through
22 2024, the enrollment used in the calculation of ASE
23 representing the 2020-2021 school year shall be the
24 greater of the enrollment for the 2020-2021 school year or
25 the 2019-2020 school year.
26 "Base Funding Guarantee" is defined in paragraph (10)
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1 of subsection (g) of this Section.
2 "Base Funding Minimum" is defined in subsection (e) of
3 this Section.
4 "Base Tax Year" means the property tax levy year used
5 to calculate the Budget Year allocation of primary State
6 aid.
7 "Base Tax Year's Extension" means the product of the
8 equalized assessed valuation utilized by the county clerk
9 in the Base Tax Year multiplied by the limiting rate as
10 calculated by the county clerk and defined in PTELL.
11 "Bilingual Education Allocation" means the amount of
12 an Organizational Unit's final Adequacy Target
13 attributable to bilingual education divided by the
14 Organizational Unit's final Adequacy Target, the product
15 of which shall be multiplied by the amount of new funding
16 received pursuant to this Section. An Organizational
17 Unit's final Adequacy Target attributable to bilingual
18 education shall include all additional investments in
19 English learner students' adequacy elements.
20 "Budget Year" means the school year for which primary
21 State aid is calculated and awarded under this Section.
22 "Central office" means individual administrators and
23 support service personnel charged with managing the
24 instructional programs, business and operations, and
25 security of the Organizational Unit.
26 "Comparable Wage Index" or "CWI" means a regional cost
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1 differentiation metric that measures systemic, regional
2 variations in the salaries of college graduates who are
3 not educators. The CWI utilized for this Section shall,
4 for the first 3 years of Evidence-Based Funding
5 implementation, be the CWI initially developed by the
6 National Center for Education Statistics, as most recently
7 updated by Texas A & M University. In the fourth and
8 subsequent years of Evidence-Based Funding implementation,
9 the State Superintendent shall re-determine the CWI using
10 the a similar methodology to that identified in a
11 comparable wage index the Texas A & M University study
12 developed by the University of Illinois, with adjustments
13 made no less frequently than once every 5 years.
14 "Computer technology and equipment" means computers
15 servers, notebooks, network equipment, copiers, printers,
16 instructional software, security software, curriculum
17 management courseware, and other similar materials and
18 equipment.
19 "Computer technology and equipment investment
20 allocation" means the final Adequacy Target amount of an
21 Organizational Unit assigned to Tier 1 or Tier 2 in the
22 prior school year attributable to the additional $285.50
23 per student computer technology and equipment investment
24 grant divided by the Organizational Unit's final Adequacy
25 Target, the result of which shall be multiplied by the
26 amount of new funding received pursuant to this Section.
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1 An Organizational Unit assigned to a Tier 1 or Tier 2 final
2 Adequacy Target attributable to the received computer
3 technology and equipment investment grant shall include
4 all additional investments in computer technology and
5 equipment adequacy elements.
6 "Core subject" means mathematics; science; reading,
7 English, writing, and language arts; history and social
8 studies; world languages; and subjects taught as Advanced
9 Placement in high schools.
10 "Core teacher" means a regular classroom teacher in
11 elementary schools and teachers of a core subject in
12 middle and high schools.
13 "Core Intervention teacher (tutor)" means a licensed
14 teacher providing one-on-one or small group tutoring to
15 students struggling to meet proficiency in core subjects.
16 "CPPRT" means corporate personal property replacement
17 tax funds paid to an Organizational Unit during the
18 calendar year one year before the calendar year in which a
19 school year begins, pursuant to "An Act in relation to the
20 abolition of ad valorem personal property tax and the
21 replacement of revenues lost thereby, and amending and
22 repealing certain Acts and parts of Acts in connection
23 therewith", certified August 14, 1979, as amended (Public
24 Act 81-1st S.S.-1).
25 "EAV" means equalized assessed valuation as defined in
26 paragraph (2) of subsection (d) of this Section and
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1 calculated in accordance with paragraph (3) of subsection
2 (d) of this Section.
3 "ECI" means the Bureau of Labor Statistics' national
4 employment cost index for civilian workers in educational
5 services in elementary and secondary schools on a
6 cumulative basis for the 12-month calendar year preceding
7 the fiscal year of the Evidence-Based Funding calculation.
8 "EIS Data" means the employment information system
9 data maintained by the State Board on educators within
10 Organizational Units.
11 "Employee benefits" means health, dental, and vision
12 insurance offered to employees of an Organizational Unit,
13 the costs associated with the statutorily required payment
14 of the normal cost of the Organizational Unit's teacher
15 pensions, Social Security employer contributions, and
16 Illinois Municipal Retirement Fund employer contributions.
17 "English learner" or "EL" means a child included in
18 the definition of "English learners" under Section 14C-2
19 of this Code participating in a program of transitional
20 bilingual education or a transitional program of
21 instruction meeting the requirements and program
22 application procedures of Article 14C of this Code. For
23 the purposes of collecting the number of EL students
24 enrolled, the same collection and calculation methodology
25 as defined above for "ASE" shall apply to English
26 learners, with the exception that EL student enrollment
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1 shall include students in grades pre-kindergarten through
2 12.
3 "Essential Elements" means those elements, resources,
4 and educational programs that have been identified through
5 academic research as necessary to improve student success,
6 improve academic performance, close achievement gaps, and
7 provide for other per student costs related to the
8 delivery and leadership of the Organizational Unit, as
9 well as the maintenance and operations of the unit, and
10 which are specified in paragraph (2) of subsection (b) of
11 this Section.
12 "Evidence-Based Funding" means State funding provided
13 to an Organizational Unit pursuant to this Section.
14 "Extended day" means academic and enrichment programs
15 provided to students outside the regular school day before
16 and after school or during non-instructional times during
17 the school day.
18 "Extension Limitation Ratio" means a numerical ratio
19 in which the numerator is the Base Tax Year's Extension
20 and the denominator is the Preceding Tax Year's Extension.
21 "Final Percent of Adequacy" is defined in paragraph
22 (4) of subsection (f) of this Section.
23 "Final Resources" is defined in paragraph (3) of
24 subsection (f) of this Section.
25 "Full-time equivalent" or "FTE" means the full-time
26 equivalency compensation for staffing the relevant
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1 position at an Organizational Unit.
2 "Funding Gap" is defined in paragraph (1) of
3 subsection (g).
4 "Hybrid District" means a partial elementary unit
5 district created pursuant to Article 11E of this Code.
6 "Instructional assistant" means a core or special
7 education, non-licensed employee who assists a teacher in
8 the classroom and provides academic support to students.
9 "Instructional facilitator" means a qualified teacher
10 or licensed teacher leader who facilitates and coaches
11 continuous improvement in classroom instruction; provides
12 instructional support to teachers in the elements of
13 research-based instruction or demonstrates the alignment
14 of instruction with curriculum standards and assessment
15 tools; develops or coordinates instructional programs or
16 strategies; develops and implements training; chooses
17 standards-based instructional materials; provides
18 teachers with an understanding of current research; serves
19 as a mentor, site coach, curriculum specialist, or lead
20 teacher; or otherwise works with fellow teachers, in
21 collaboration, to use data to improve instructional
22 practice or develop model lessons.
23 "Instructional materials" means relevant
24 instructional materials for student instruction,
25 including, but not limited to, textbooks, consumable
26 workbooks, laboratory equipment, library books, and other
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1 similar materials.
2 "Laboratory School" means a public school that is
3 created and operated by a public university and approved
4 by the State Board.
5 "Librarian" means a teacher with an endorsement as a
6 library information specialist or another individual whose
7 primary responsibility is overseeing library resources
8 within an Organizational Unit.
9 "Limiting rate for Hybrid Districts" means the
10 combined elementary school and high school limiting rates.
11 "Local Capacity" is defined in paragraph (1) of
12 subsection (c) of this Section.
13 "Local Capacity Percentage" is defined in subparagraph
14 (A) of paragraph (2) of subsection (c) of this Section.
15 "Local Capacity Ratio" is defined in subparagraph (B)
16 of paragraph (2) of subsection (c) of this Section.
17 "Local Capacity Target" is defined in paragraph (2) of
18 subsection (c) of this Section.
19 "Low-Income Count" means, for an Organizational Unit
20 in a fiscal year, the higher of the average number of
21 students for the prior school year or the immediately
22 preceding 3 school years who, as of July 1 of the
23 immediately preceding fiscal year (as determined by the
24 Department of Human Services), are eligible for at least
25 one of the following low-income programs: Medicaid, the
26 Children's Health Insurance Program, Temporary Assistance
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1 for Needy Families (TANF), or the Supplemental Nutrition
2 Assistance Program, excluding pupils who are eligible for
3 services provided by the Department of Children and Family
4 Services. Until such time that grade level low-income
5 populations become available, grade level low-income
6 populations shall be determined by applying the low-income
7 percentage to total student enrollments by grade level.
8 The low-income percentage is determined by dividing the
9 Low-Income Count by the Average Student Enrollment. The
10 low-income percentage for a regional office of education
11 or an intermediate service center operating one or more
12 alternative education programs must be set to the weighted
13 average of the low-income percentages of all of the school
14 districts in the service region. The weighted low-income
15 percentage is the result of multiplying the low-income
16 percentage of each school district served by the regional
17 office of education or intermediate service center by each
18 school district's Average Student Enrollment, summarizing
19 those products and dividing the total by the total Average
20 Student Enrollment for the service region.
21 "Maintenance and operations" means custodial services,
22 facility and ground maintenance, facility operations,
23 facility security, routine facility repairs, and other
24 similar services and functions.
25 "Minimum Funding Level" is defined in paragraph (9) of
26 subsection (g) of this Section.
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1 "New Property Tax Relief Pool Funds" means, for any
2 given fiscal year, all State funds appropriated under
3 Section 2-3.170 of this Code.
4 "New State Funds" means, for a given school year, all
5 State funds appropriated for Evidence-Based Funding in
6 excess of the amount needed to fund the Base Funding
7 Minimum for all Organizational Units in that school year.
8 "Nurse" means an individual licensed as a certified
9 school nurse, in accordance with the rules established for
10 nursing services by the State Board, who is an employee of
11 and is available to provide health care-related services
12 for students of an Organizational Unit.
13 "Operating Tax Rate" means the rate 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 For Hybrid Districts, the Operating Tax Rate shall be the
18 combined elementary and high school rates utilized in the
19 previous year to extend property taxes for all purposes,
20 except Bond and Interest, Summer School, Rent, Capital
21 Improvement, and Vocational Education Building purposes.
22 "Organizational Unit" means a Laboratory School or any
23 public school district that is recognized as such by the
24 State Board and that contains elementary schools typically
25 serving kindergarten through 5th grades, middle schools
26 typically serving 6th through 8th grades, high schools
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1 typically serving 9th through 12th grades, a program
2 established under Section 2-3.66 or 2-3.41, or a program
3 operated by a regional office of education or an
4 intermediate service center under Article 13A or 13B. The
5 General Assembly acknowledges that the actual grade levels
6 served by a particular Organizational Unit may vary
7 slightly from what is typical.
8 "Organizational Unit CWI" is determined by calculating
9 the CWI in the region and original county in which an
10 Organizational Unit's primary administrative office is
11 located as set forth in this paragraph, provided that if
12 the Organizational Unit CWI as calculated in accordance
13 with this paragraph is less than 0.9, the Organizational
14 Unit CWI shall be increased to 0.9. Each county's current
15 CWI value shall be adjusted based on the CWI value of that
16 county's neighboring Illinois counties, to create a
17 "weighted adjusted index value". This shall be calculated
18 by summing the CWI values of all of a county's adjacent
19 Illinois counties and dividing by the number of adjacent
20 Illinois counties, then taking the weighted value of the
21 original county's CWI value and the adjacent Illinois
22 county average. To calculate this weighted value, if the
23 number of adjacent Illinois counties is greater than 2,
24 the original county's CWI value will be weighted at 0.25
25 and the adjacent Illinois county average will be weighted
26 at 0.75. If the number of adjacent Illinois counties is 2,
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1 the original county's CWI value will be weighted at 0.33
2 and the adjacent Illinois county average will be weighted
3 at 0.66. The greater of the county's current CWI value and
4 its weighted adjusted index value shall be used as the
5 Organizational Unit CWI.
6 "Preceding Tax Year" means the property tax levy year
7 immediately preceding the Base Tax Year.
8 "Preceding Tax Year's Extension" means the product of
9 the equalized assessed valuation utilized by the county
10 clerk in the Preceding Tax Year multiplied by the
11 Operating Tax Rate.
12 "Preliminary Percent of Adequacy" is defined in
13 paragraph (2) of subsection (f) of this Section.
14 "Preliminary Resources" is defined in paragraph (2) of
15 subsection (f) of this Section.
16 "Principal" means a school administrator duly endorsed
17 to be employed as a principal in this State.
18 "Professional development" means training programs for
19 licensed staff in schools, including, but not limited to,
20 programs that assist in implementing new curriculum
21 programs, provide data focused or academic assessment data
22 training to help staff identify a student's weaknesses and
23 strengths, target interventions, improve instruction,
24 encompass instructional strategies for English learner,
25 gifted, or at-risk students, address inclusivity, cultural
26 sensitivity, or implicit bias, or otherwise provide
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1 professional support for licensed staff.
2 "Prototypical" means 450 special education
3 pre-kindergarten and kindergarten through grade 5 students
4 for an elementary school, 450 grade 6 through 8 students
5 for a middle school, and 600 grade 9 through 12 students
6 for a high school.
7 "PTELL" means the Property Tax Extension Limitation
8 Law.
9 "PTELL EAV" is defined in paragraph (4) of subsection
10 (d) of this Section.
11 "Pupil support staff" means a nurse, psychologist,
12 social worker, family liaison personnel, or other staff
13 member who provides support to at-risk or struggling
14 students.
15 "Real Receipts" is defined in paragraph (1) of
16 subsection (d) of this Section.
17 "Regionalization Factor" means, for a particular
18 Organizational Unit, the figure derived by dividing the
19 Organizational Unit CWI by the Statewide Weighted CWI.
20 "School counselor" means a licensed school counselor
21 who provides guidance and counseling support for students
22 within an Organizational Unit.
23 "School site staff" means the primary school secretary
24 and any additional clerical personnel assigned to a
25 school.
26 "Special education" means special educational
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1 facilities and services, as defined in Section 14-1.08 of
2 this Code.
3 "Special Education Allocation" means the amount of an
4 Organizational Unit's final Adequacy Target attributable
5 to special education divided by the Organizational Unit's
6 final Adequacy Target, the product of which shall be
7 multiplied by the amount of new funding received pursuant
8 to this Section. An Organizational Unit's final Adequacy
9 Target attributable to special education shall include all
10 special education investment adequacy elements.
11 "Specialist teacher" means a teacher who provides
12 instruction in subject areas not included in core
13 subjects, including, but not limited to, art, music,
14 physical education, health, driver education,
15 career-technical education, and such other subject areas
16 as may be mandated by State law or provided by an
17 Organizational Unit.
18 "Specially Funded Unit" means an Alternative School,
19 safe school, Department of Juvenile Justice school,
20 special education cooperative or entity recognized by the
21 State Board as a special education cooperative,
22 State-approved charter school, or alternative learning
23 opportunities program that received direct funding from
24 the State Board during the 2016-2017 school year through
25 any of the funding sources included within the calculation
26 of the Base Funding Minimum or Glenwood Academy.
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1 "Supplemental Grant Funding" means supplemental
2 general State aid funding received by an Organizational
3 Unit during the 2016-2017 school year pursuant to
4 subsection (H) of Section 18-8.05 of this Code (now
5 repealed).
6 "State Adequacy Level" is the sum of the Adequacy
7 Targets of all Organizational Units.
8 "State Board" means the State Board of Education.
9 "State Superintendent" means the State Superintendent
10 of Education.
11 "Statewide Weighted CWI" means a figure determined by
12 multiplying each Organizational Unit CWI times the ASE for
13 that Organizational Unit creating a weighted value,
14 summing all Organizational Units' weighted values, and
15 dividing by the total ASE of all Organizational Units,
16 thereby creating an average weighted index.
17 "Student activities" means non-credit producing
18 after-school programs, including, but not limited to,
19 clubs, bands, sports, and other activities authorized by
20 the school board of the Organizational Unit.
21 "Substitute teacher" means an individual teacher or
22 teaching assistant who is employed by an Organizational
23 Unit and is temporarily serving the Organizational Unit on
24 a per diem or per period-assignment basis to replace
25 another staff member.
26 "Summer school" means academic and enrichment programs
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1 provided to students during the summer months outside of
2 the regular school year.
3 "Supervisory aide" means a non-licensed staff member
4 who helps in supervising students of an Organizational
5 Unit, but does so outside of the classroom, in situations
6 such as, but not limited to, monitoring hallways and
7 playgrounds, supervising lunchrooms, or supervising
8 students when being transported in buses serving the
9 Organizational Unit.
10 "Target Ratio" is defined in paragraph (4) of
11 subsection (g).
12 "Tier 1", "Tier 2", "Tier 3", and "Tier 4" are defined
13 in paragraph (3) of subsection (g).
14 "Tier 1 Aggregate Funding", "Tier 2 Aggregate
15 Funding", "Tier 3 Aggregate Funding", and "Tier 4
16 Aggregate Funding" are defined in paragraph (1) of
17 subsection (g).
18 (b) Adequacy Target calculation.
19 (1) Each Organizational Unit's Adequacy Target is the
20 sum of the Organizational Unit's cost of providing
21 Essential Elements, as calculated in accordance with this
22 subsection (b), with the salary amounts in the Essential
23 Elements multiplied by a Regionalization Factor calculated
24 pursuant to paragraph (3) of this subsection (b).
25 (2) The Essential Elements are attributable on a pro
26 rata basis related to defined subgroups of the ASE of each
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1 Organizational Unit as specified in this paragraph (2),
2 with investments and FTE positions pro rata funded based
3 on ASE counts in excess of or less than the thresholds set
4 forth in this paragraph (2). The method for calculating
5 attributable pro rata costs and the defined subgroups
6 thereto are as follows:
7 (A) Core class size investments. Each
8 Organizational Unit shall receive the funding required
9 to support that number of FTE core teacher positions
10 as is needed to keep the respective class sizes of the
11 Organizational Unit to the following maximum numbers:
12 (i) For grades kindergarten through 3, the
13 Organizational Unit shall receive funding required
14 to support one FTE core teacher position for every
15 15 Low-Income Count students in those grades and
16 one FTE core teacher position for every 20
17 non-Low-Income Count students in those grades.
18 (ii) For grades 4 through 12, the
19 Organizational Unit shall receive funding required
20 to support one FTE core teacher position for every
21 20 Low-Income Count students in those grades and
22 one FTE core teacher position for every 25
23 non-Low-Income Count students in those grades.
24 The number of non-Low-Income Count students in a
25 grade shall be determined by subtracting the
26 Low-Income students in that grade from the ASE of the
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1 Organizational Unit for that grade.
2 (B) Specialist teacher investments. Each
3 Organizational Unit shall receive the funding needed
4 to cover that number of FTE specialist teacher
5 positions that correspond to the following
6 percentages:
7 (i) if the Organizational Unit operates an
8 elementary or middle school, then 20.00% of the
9 number of the Organizational Unit's core teachers,
10 as determined under subparagraph (A) of this
11 paragraph (2); and
12 (ii) if such Organizational Unit operates a
13 high school, then 33.33% of the number of the
14 Organizational Unit's core teachers.
15 (C) Instructional facilitator investments. Each
16 Organizational Unit shall receive the funding needed
17 to cover one FTE instructional facilitator position
18 for every 200 combined ASE of pre-kindergarten
19 children with disabilities and all kindergarten
20 through grade 12 students of the Organizational Unit.
21 (D) Core intervention teacher (tutor) investments.
22 Each Organizational Unit shall receive the funding
23 needed to cover one FTE teacher position for each
24 prototypical elementary, middle, and high school.
25 (E) Substitute teacher investments. Each
26 Organizational Unit shall receive the funding needed
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1 to cover substitute teacher costs that is equal to
2 5.70% of the minimum pupil attendance days required
3 under Section 10-19 of this Code for all full-time
4 equivalent core, specialist, and intervention
5 teachers, school nurses, special education teachers
6 and instructional assistants, instructional
7 facilitators, and summer school and extended day
8 teacher positions, as determined under this paragraph
9 (2), at a salary rate of 33.33% of the average salary
10 for grade K through 12 teachers and 33.33% of the
11 average salary of each instructional assistant
12 position.
13 (F) Core school counselor investments. Each
14 Organizational Unit shall receive the funding needed
15 to cover one FTE school counselor for each 450
16 combined ASE of pre-kindergarten children with
17 disabilities and all kindergarten through grade 5
18 students, plus one FTE school counselor for each 250
19 grades 6 through 8 ASE middle school students, plus
20 one FTE school counselor for each 250 grades 9 through
21 12 ASE high school students.
22 (G) Nurse investments. Each Organizational Unit
23 shall receive the funding needed to cover one FTE
24 nurse for each 750 combined ASE of pre-kindergarten
25 children with disabilities and all kindergarten
26 through grade 12 students across all grade levels it
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1 serves.
2 (H) Supervisory aide investments. Each
3 Organizational Unit shall receive the funding needed
4 to cover one FTE for each 225 combined ASE of
5 pre-kindergarten children with disabilities and all
6 kindergarten through grade 5 students, plus one FTE
7 for each 225 ASE middle school students, plus one FTE
8 for each 200 ASE high school students.
9 (I) Librarian investments. Each Organizational
10 Unit shall receive the funding needed to cover one FTE
11 librarian for each prototypical elementary school,
12 middle school, and high school and one FTE aide or
13 media technician for every 300 combined ASE of
14 pre-kindergarten children with disabilities and all
15 kindergarten through grade 12 students.
16 (J) Principal investments. Each Organizational
17 Unit shall receive the funding needed to cover one FTE
18 principal position for each prototypical elementary
19 school, plus one FTE principal position for each
20 prototypical middle school, plus one FTE principal
21 position for each prototypical high school.
22 (K) Assistant principal investments. Each
23 Organizational Unit shall receive the funding needed
24 to cover one FTE assistant principal position for each
25 prototypical elementary school, plus one FTE assistant
26 principal position for each prototypical middle
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1 school, plus one FTE assistant principal position for
2 each prototypical high school.
3 (L) School site staff investments. Each
4 Organizational Unit shall receive the funding needed
5 for one FTE position for each 225 ASE of
6 pre-kindergarten children with disabilities and all
7 kindergarten through grade 5 students, plus one FTE
8 position for each 225 ASE middle school students, plus
9 one FTE position for each 200 ASE high school
10 students.
11 (M) Gifted investments. Each Organizational Unit
12 shall receive $40 per kindergarten through grade 12
13 ASE.
14 (N) Professional development investments. Each
15 Organizational Unit shall receive $125 per student of
16 the combined ASE of pre-kindergarten children with
17 disabilities and all kindergarten through grade 12
18 students for trainers and other professional
19 development-related expenses for supplies and
20 materials.
21 (O) Instructional material investments. Each
22 Organizational Unit shall receive $190 per student of
23 the combined ASE of pre-kindergarten children with
24 disabilities and all kindergarten through grade 12
25 students to cover instructional material costs.
26 (P) Assessment investments. Each Organizational
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1 Unit shall receive $25 per student of the combined ASE
2 of pre-kindergarten children with disabilities and all
3 kindergarten through grade 12 students to cover
4 assessment costs.
5 (Q) Computer technology and equipment investments.
6 Each Organizational Unit shall receive $285.50 per
7 student of the combined ASE of pre-kindergarten
8 children with disabilities and all kindergarten
9 through grade 12 students to cover computer technology
10 and equipment costs. For the 2018-2019 school year and
11 subsequent school years, Organizational Units assigned
12 to Tier 1 and Tier 2 in the prior school year shall
13 receive an additional $285.50 per student of the
14 combined ASE of pre-kindergarten children with
15 disabilities and all kindergarten through grade 12
16 students to cover computer technology and equipment
17 costs in the Organizational Unit's Adequacy Target.
18 The State Board may establish additional requirements
19 for Organizational Unit expenditures of funds received
20 pursuant to this subparagraph (Q), including a
21 requirement that funds received pursuant to this
22 subparagraph (Q) may be used only for serving the
23 technology needs of the district. It is the intent of
24 Public Act 100-465 that all Tier 1 and Tier 2 districts
25 receive the addition to their Adequacy Target in the
26 following year, subject to compliance with the
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1 requirements of the State Board.
2 (R) Student activities investments. Each
3 Organizational Unit shall receive the following
4 funding amounts to cover student activities: $100 per
5 kindergarten through grade 5 ASE student in elementary
6 school, plus $200 per ASE student in middle school,
7 plus $675 per ASE student in high school.
8 (S) Maintenance and operations investments. Each
9 Organizational Unit shall receive $1,038 per student
10 of the combined ASE of pre-kindergarten children with
11 disabilities and all kindergarten through grade 12
12 students for day-to-day maintenance and operations
13 expenditures, including salary, supplies, and
14 materials, as well as purchased services, but
15 excluding employee benefits. The proportion of salary
16 for the application of a Regionalization Factor and
17 the calculation of benefits is equal to $352.92.
18 (T) Central office investments. Each
19 Organizational Unit shall receive $742 per student of
20 the combined ASE of pre-kindergarten children with
21 disabilities and all kindergarten through grade 12
22 students to cover central office operations, including
23 administrators and classified personnel charged with
24 managing the instructional programs, business and
25 operations of the school district, and security
26 personnel. The proportion of salary for the
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1 application of a Regionalization Factor and the
2 calculation of benefits is equal to $368.48.
3 (U) Employee benefit investments. Each
4 Organizational Unit shall receive 30% of the total of
5 all salary-calculated elements of the Adequacy Target,
6 excluding substitute teachers and student activities
7 investments, to cover benefit costs. For central
8 office and maintenance and operations investments, the
9 benefit calculation shall be based upon the salary
10 proportion of each investment. If at any time the
11 responsibility for funding the employer normal cost of
12 teacher pensions is assigned to school districts, then
13 that amount certified by the Teachers' Retirement
14 System of the State of Illinois to be paid by the
15 Organizational Unit for the preceding school year
16 shall be added to the benefit investment. For any
17 fiscal year in which a school district organized under
18 Article 34 of this Code is responsible for paying the
19 employer normal cost of teacher pensions, then that
20 amount of its employer normal cost plus the amount for
21 retiree health insurance as certified by the Public
22 School Teachers' Pension and Retirement Fund of
23 Chicago to be paid by the school district for the
24 preceding school year that is statutorily required to
25 cover employer normal costs and the amount for retiree
26 health insurance shall be added to the 30% specified
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1 in this subparagraph (U). The Teachers' Retirement
2 System of the State of Illinois and the Public School
3 Teachers' Pension and Retirement Fund of Chicago shall
4 submit such information as the State Superintendent
5 may require for the calculations set forth in this
6 subparagraph (U).
7 (V) Additional investments in low-income students.
8 In addition to and not in lieu of all other funding
9 under this paragraph (2), each Organizational Unit
10 shall receive funding based on the average teacher
11 salary for grades K through 12 to cover the costs of:
12 (i) one FTE intervention teacher (tutor)
13 position for every 125 Low-Income Count students;
14 (ii) one FTE pupil support staff position for
15 every 125 Low-Income Count students;
16 (iii) one FTE extended day teacher position
17 for every 120 Low-Income Count students; and
18 (iv) one FTE summer school teacher position
19 for every 120 Low-Income Count students.
20 (W) Additional investments in English learner
21 students. In addition to and not in lieu of all other
22 funding under this paragraph (2), each Organizational
23 Unit shall receive funding based on the average
24 teacher salary for grades K through 12 to cover the
25 costs of:
26 (i) one FTE intervention teacher (tutor)
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1 position for every 125 English learner students;
2 (ii) one FTE pupil support staff position for
3 every 125 English learner students;
4 (iii) one FTE extended day teacher position
5 for every 120 English learner students;
6 (iv) one FTE summer school teacher position
7 for every 120 English learner students; and
8 (v) one FTE core teacher position for every
9 100 English learner students.
10 (X) Special education investments. Each
11 Organizational Unit shall receive funding based on the
12 average teacher salary for grades K through 12 to
13 cover special education as follows:
14 (i) one FTE teacher position for every 141
15 combined ASE of pre-kindergarten children with
16 disabilities and all kindergarten through grade 12
17 students;
18 (ii) one FTE instructional assistant for every
19 141 combined ASE of pre-kindergarten children with
20 disabilities and all kindergarten through grade 12
21 students; and
22 (iii) one FTE psychologist position for every
23 1,000 combined ASE of pre-kindergarten children
24 with disabilities and all kindergarten through
25 grade 12 students.
26 (3) For calculating the salaries included within the
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1 Essential Elements, the State Superintendent shall
2 annually calculate average salaries to the nearest dollar
3 using the employment information system data maintained by
4 the State Board, limited to public schools only and
5 excluding special education and vocational cooperatives,
6 schools operated by the Department of Juvenile Justice,
7 and charter schools, for the following positions:
8 (A) Teacher for grades K through 8.
9 (B) Teacher for grades 9 through 12.
10 (C) Teacher for grades K through 12.
11 (D) School counselor for grades K through 8.
12 (E) School counselor for grades 9 through 12.
13 (F) School counselor for grades K through 12.
14 (G) Social worker.
15 (H) Psychologist.
16 (I) Librarian.
17 (J) Nurse.
18 (K) Principal.
19 (L) Assistant principal.
20 For the purposes of this paragraph (3), "teacher"
21 includes core teachers, specialist and elective teachers,
22 instructional facilitators, tutors, special education
23 teachers, pupil support staff teachers, English learner
24 teachers, extended day teachers, and summer school
25 teachers. Where specific grade data is not required for
26 the Essential Elements, the average salary for
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1 corresponding positions shall apply. For substitute
2 teachers, the average teacher salary for grades K through
3 12 shall apply.
4 For calculating the salaries included within the
5 Essential Elements for positions not included within EIS
6 Data, the following salaries shall be used in the first
7 year of implementation of Evidence-Based Funding:
8 (i) school site staff, $30,000; and
9 (ii) non-instructional assistant, instructional
10 assistant, library aide, library media tech, or
11 supervisory aide: $25,000.
12 In the second and subsequent years of implementation
13 of Evidence-Based Funding, the amounts in items (i) and
14 (ii) of this paragraph (3) shall annually increase by the
15 ECI.
16 The salary amounts for the Essential Elements
17 determined pursuant to subparagraphs (A) through (L), (S)
18 and (T), and (V) through (X) of paragraph (2) of
19 subsection (b) of this Section shall be multiplied by a
20 Regionalization Factor.
21 (c) Local Capacity calculation.
22 (1) Each Organizational Unit's Local Capacity
23 represents an amount of funding it is assumed to
24 contribute toward its Adequacy Target for purposes of the
25 Evidence-Based Funding formula calculation. "Local
26 Capacity" means either (i) the Organizational Unit's Local
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1 Capacity Target as calculated in accordance with paragraph
2 (2) of this subsection (c) if its Real Receipts are equal
3 to or less than its Local Capacity Target or (ii) the
4 Organizational Unit's Adjusted Local Capacity, as
5 calculated in accordance with paragraph (3) of this
6 subsection (c) if Real Receipts are more than its Local
7 Capacity Target.
8 (2) "Local Capacity Target" means, for an
9 Organizational Unit, that dollar amount that is obtained
10 by multiplying its Adequacy Target by its Local Capacity
11 Ratio.
12 (A) An Organizational Unit's Local Capacity
13 Percentage is the conversion of the Organizational
14 Unit's Local Capacity Ratio, as such ratio is
15 determined in accordance with subparagraph (B) of this
16 paragraph (2), into a cumulative distribution
17 resulting in a percentile ranking to determine each
18 Organizational Unit's relative position to all other
19 Organizational Units in this State. The calculation of
20 Local Capacity Percentage is described in subparagraph
21 (C) of this paragraph (2).
22 (B) An Organizational Unit's Local Capacity Ratio
23 in a given year is the percentage obtained by dividing
24 its Adjusted EAV or PTELL EAV, whichever is less, by
25 its Adequacy Target, with the resulting ratio further
26 adjusted as follows:
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1 (i) for Organizational Units serving grades
2 kindergarten through 12 and Hybrid Districts, no
3 further adjustments shall be made;
4 (ii) for Organizational Units serving grades
5 kindergarten through 8, the ratio shall be
6 multiplied by 9/13;
7 (iii) for Organizational Units serving grades
8 9 through 12, the Local Capacity Ratio shall be
9 multiplied by 4/13; and
10 (iv) for an Organizational Unit with a
11 different grade configuration than those specified
12 in items (i) through (iii) of this subparagraph
13 (B), the State Superintendent shall determine a
14 comparable adjustment based on the grades served.
15 (C) The Local Capacity Percentage is equal to the
16 percentile ranking of the district. Local Capacity
17 Percentage converts each Organizational Unit's Local
18 Capacity Ratio to a cumulative distribution resulting
19 in a percentile ranking to determine each
20 Organizational Unit's relative position to all other
21 Organizational Units in this State. The Local Capacity
22 Percentage cumulative distribution resulting in a
23 percentile ranking for each Organizational Unit shall
24 be calculated using the standard normal distribution
25 of the score in relation to the weighted mean and
26 weighted standard deviation and Local Capacity Ratios
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1 of all Organizational Units. If the value assigned to
2 any Organizational Unit is in excess of 90%, the value
3 shall be adjusted to 90%. For Laboratory Schools, the
4 Local Capacity Percentage shall be set at 10% in
5 recognition of the absence of EAV and resources from
6 the public university that are allocated to the
7 Laboratory School. For a regional office of education
8 or an intermediate service center operating one or
9 more alternative education programs, the Local
10 Capacity Percentage must be set at 10% in recognition
11 of the absence of EAV and resources from school
12 districts that are allocated to the regional office of
13 education or intermediate service center. The weighted
14 mean for the Local Capacity Percentage shall be
15 determined by multiplying each Organizational Unit's
16 Local Capacity Ratio times the ASE for the unit
17 creating a weighted value, summing the weighted values
18 of all Organizational Units, and dividing by the total
19 ASE of all Organizational Units. The weighted standard
20 deviation shall be determined by taking the square
21 root of the weighted variance of all Organizational
22 Units' Local Capacity Ratio, where the variance is
23 calculated by squaring the difference between each
24 unit's Local Capacity Ratio and the weighted mean,
25 then multiplying the variance for each unit times the
26 ASE for the unit to create a weighted variance for each
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1 unit, then summing all units' weighted variance and
2 dividing by the total ASE of all units.
3 (D) For any Organizational Unit, the
4 Organizational Unit's Adjusted Local Capacity Target
5 shall be reduced by either (i) the school board's
6 remaining contribution pursuant to paragraph (ii) of
7 subsection (b-4) of Section 16-158 of the Illinois
8 Pension Code in a given year or (ii) the board of
9 education's remaining contribution pursuant to
10 paragraph (iv) of subsection (b) of Section 17-129 of
11 the Illinois Pension Code absent the employer normal
12 cost portion of the required contribution and amount
13 allowed pursuant to subdivision (3) of Section
14 17-142.1 of the Illinois Pension Code in a given year.
15 In the preceding sentence, item (i) shall be certified
16 to the State Board of Education by the Teachers'
17 Retirement System of the State of Illinois and item
18 (ii) shall be certified to the State Board of
19 Education by the Public School Teachers' Pension and
20 Retirement Fund of the City of Chicago.
21 (3) If an Organizational Unit's Real Receipts are more
22 than its Local Capacity Target, then its Local Capacity
23 shall equal an Adjusted Local Capacity Target as
24 calculated in accordance with this paragraph (3). The
25 Adjusted Local Capacity Target is calculated as the sum of
26 the Organizational Unit's Local Capacity Target and its
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1 Real Receipts Adjustment. The Real Receipts Adjustment
2 equals the Organizational Unit's Real Receipts less its
3 Local Capacity Target, with the resulting figure
4 multiplied by the Local Capacity Percentage.
5 As used in this paragraph (3), "Real Percent of
6 Adequacy" means the sum of an Organizational Unit's Real
7 Receipts, CPPRT, and Base Funding Minimum, with the
8 resulting figure divided by the Organizational Unit's
9 Adequacy Target.
10 (d) Calculation of Real Receipts, EAV, and Adjusted EAV
11 for purposes of the Local Capacity calculation.
12 (1) An Organizational Unit's Real Receipts are the
13 product of its Applicable Tax Rate and its Adjusted EAV.
14 An Organizational Unit's Applicable Tax Rate is its
15 Adjusted Operating Tax Rate for property within the
16 Organizational Unit.
17 (2) The State Superintendent shall calculate the
18 equalized assessed valuation, or EAV, of all taxable
19 property of each Organizational Unit as of September 30 of
20 the previous year in accordance with paragraph (3) of this
21 subsection (d). The State Superintendent shall then
22 determine the Adjusted EAV of each Organizational Unit in
23 accordance with paragraph (4) of this subsection (d),
24 which Adjusted EAV figure shall be used for the purposes
25 of calculating Local Capacity.
26 (3) To calculate Real Receipts and EAV, the Department
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1 of Revenue shall supply to the State Superintendent the
2 value as equalized or assessed by the Department of
3 Revenue of all taxable property of every Organizational
4 Unit, together with (i) the applicable tax rate used in
5 extending taxes for the funds of the Organizational Unit
6 as of September 30 of the previous year and (ii) the
7 limiting rate for all Organizational Units subject to
8 property tax extension limitations as imposed under PTELL.
9 (A) The Department of Revenue shall add to the
10 equalized assessed value of all taxable property of
11 each Organizational Unit situated entirely or
12 partially within a county that is or was subject to the
13 provisions of Section 15-176 or 15-177 of the Property
14 Tax Code (i) an amount equal to the total amount by
15 which the homestead exemption allowed under Section
16 15-176 or 15-177 of the Property Tax Code for real
17 property situated in that Organizational Unit exceeds
18 the total amount that would have been allowed in that
19 Organizational Unit if the maximum reduction under
20 Section 15-176 was (I) $4,500 in Cook County or $3,500
21 in all other counties in tax year 2003 or (II) $5,000
22 in all counties in tax year 2004 and thereafter and
23 (ii) an amount equal to the aggregate amount for the
24 taxable year of all additional exemptions under
25 Section 15-175 of the Property Tax Code for owners
26 with a household income of $30,000 or less. The county
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1 clerk of any county that is or was subject to the
2 provisions of Section 15-176 or 15-177 of the Property
3 Tax Code shall annually calculate and certify to the
4 Department of Revenue for each Organizational Unit all
5 homestead exemption amounts under Section 15-176 or
6 15-177 of the Property Tax Code and all amounts of
7 additional exemptions under Section 15-175 of the
8 Property Tax Code for owners with a household income
9 of $30,000 or less. It is the intent of this
10 subparagraph (A) that if the general homestead
11 exemption for a parcel of property is determined under
12 Section 15-176 or 15-177 of the Property Tax Code
13 rather than Section 15-175, then the calculation of
14 EAV shall not be affected by the difference, if any,
15 between the amount of the general homestead exemption
16 allowed for that parcel of property under Section
17 15-176 or 15-177 of the Property Tax Code and the
18 amount that would have been allowed had the general
19 homestead exemption for that parcel of property been
20 determined under Section 15-175 of the Property Tax
21 Code. It is further the intent of this subparagraph
22 (A) that if additional exemptions are allowed under
23 Section 15-175 of the Property Tax Code for owners
24 with a household income of less than $30,000, then the
25 calculation of EAV shall not be affected by the
26 difference, if any, because of those additional
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1 exemptions.
2 (B) With respect to any part of an Organizational
3 Unit within a redevelopment project area in respect to
4 which a municipality has adopted tax increment
5 allocation financing pursuant to the Tax Increment
6 Allocation Redevelopment Act, Division 74.4 of Article
7 11 of the Illinois Municipal Code, or the Industrial
8 Jobs Recovery Law, Division 74.6 of Article 11 of the
9 Illinois Municipal Code, no part of the current EAV of
10 real property located in any such project area that is
11 attributable to an increase above the total initial
12 EAV of such property shall be used as part of the EAV
13 of the Organizational Unit, until such time as all
14 redevelopment project costs have been paid, as
15 provided in Section 11-74.4-8 of the Tax Increment
16 Allocation Redevelopment Act or in Section 11-74.6-35
17 of the Industrial Jobs Recovery Law. For the purpose
18 of the EAV of the Organizational Unit, the total
19 initial EAV or the current EAV, whichever is lower,
20 shall be used until such time as all redevelopment
21 project costs have been paid.
22 (B-5) The real property equalized assessed
23 valuation for a school district shall be adjusted by
24 subtracting from the real property value, as equalized
25 or assessed by the Department of Revenue, for the
26 district an amount computed by dividing the amount of
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1 any abatement of taxes under Section 18-170 of the
2 Property Tax Code by 3.00% for a district maintaining
3 grades kindergarten through 12, by 2.30% for a
4 district maintaining grades kindergarten through 8, or
5 by 1.05% for a district maintaining grades 9 through
6 12 and adjusted by an amount computed by dividing the
7 amount of any abatement of taxes under subsection (a)
8 of Section 18-165 of the Property Tax Code by the same
9 percentage rates for district type as specified in
10 this subparagraph (B-5).
11 (C) For Organizational Units that are Hybrid
12 Districts, the State Superintendent shall use the
13 lesser of the adjusted equalized assessed valuation
14 for property within the partial elementary unit
15 district for elementary purposes, as defined in
16 Article 11E of this Code, or the adjusted equalized
17 assessed valuation for property within the partial
18 elementary unit district for high school purposes, as
19 defined in Article 11E of this Code.
20 (D) If a school district's boundaries span
21 multiple counties, then the Department of Revenue
22 shall send to the State Board, for the purposes of
23 calculating Evidence-Based Funding, the limiting rate
24 and individual rates by purpose for the county that
25 contains the majority of the school district's
26 equalized assessed valuation.
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1 (4) An Organizational Unit's Adjusted EAV shall be the
2 average of its EAV over the immediately preceding 3 years
3 or the lesser of its EAV in the immediately preceding year
4 or the average of its EAV over the immediately preceding 3
5 years if the EAV in the immediately preceding year has
6 declined by 10% or more when comparing the 2 most recent
7 years. In the event of Organizational Unit reorganization,
8 consolidation, or annexation, the Organizational Unit's
9 Adjusted EAV for the first 3 years after such change shall
10 be as follows: the most current EAV shall be used in the
11 first year, the average of a 2-year EAV or its EAV in the
12 immediately preceding year if the EAV declines by 10% or
13 more when comparing the 2 most recent years for the second
14 year, and the lesser of a 3-year average EAV or its EAV in
15 the immediately preceding year if the Adjusted EAV
16 declines by 10% or more when comparing the 2 most recent
17 years for the third year. For any school district whose
18 EAV in the immediately preceding year is used in
19 calculations, in the following year, the Adjusted EAV
20 shall be the average of its EAV over the immediately
21 preceding 2 years or the immediately preceding year if
22 that year represents a decline of 10% or more when
23 comparing the 2 most recent years.
24 "PTELL EAV" means a figure calculated by the State
25 Board for Organizational Units subject to PTELL as
26 described in this paragraph (4) for the purposes of
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1 calculating an Organizational Unit's Local Capacity Ratio.
2 Except as otherwise provided in this paragraph (4), the
3 PTELL EAV of an Organizational Unit shall be equal to the
4 product of the equalized assessed valuation last used in
5 the calculation of general State aid under Section 18-8.05
6 of this Code (now repealed) or Evidence-Based Funding
7 under this Section and the Organizational Unit's Extension
8 Limitation Ratio. If an Organizational Unit has approved
9 or does approve an increase in its limiting rate, pursuant
10 to Section 18-190 of the Property Tax Code, affecting the
11 Base Tax Year, the PTELL EAV shall be equal to the product
12 of the equalized assessed valuation last used in the
13 calculation of general State aid under Section 18-8.05 of
14 this Code (now repealed) or Evidence-Based Funding under
15 this Section multiplied by an amount equal to one plus the
16 percentage increase, if any, in the Consumer Price Index
17 for All Urban Consumers for all items published by the
18 United States Department of Labor for the 12-month
19 calendar year preceding the Base Tax Year, plus the
20 equalized assessed valuation of new property, annexed
21 property, and recovered tax increment value and minus the
22 equalized assessed valuation of disconnected property.
23 As used in this paragraph (4), "new property" and
24 "recovered tax increment value" shall have the meanings
25 set forth in the Property Tax Extension Limitation Law.
26 (e) Base Funding Minimum calculation.
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1 (1) For the 2017-2018 school year, the Base Funding
2 Minimum of an Organizational Unit or a Specially Funded
3 Unit shall be the amount of State funds distributed to the
4 Organizational Unit or Specially Funded Unit during the
5 2016-2017 school year prior to any adjustments and
6 specified appropriation amounts described in this
7 paragraph (1) from the following Sections, as calculated
8 by the State Superintendent: Section 18-8.05 of this Code
9 (now repealed); Section 5 of Article 224 of Public Act
10 99-524 (equity grants); Section 14-7.02b of this Code
11 (funding for children requiring special education
12 services); Section 14-13.01 of this Code (special
13 education facilities and staffing), except for
14 reimbursement of the cost of transportation pursuant to
15 Section 14-13.01; Section 14C-12 of this Code (English
16 learners); and Section 18-4.3 of this Code (summer
17 school), based on an appropriation level of $13,121,600.
18 For a school district organized under Article 34 of this
19 Code, the Base Funding Minimum also includes (i) the funds
20 allocated to the school district pursuant to Section 1D-1
21 of this Code attributable to funding programs authorized
22 by the Sections of this Code listed in the preceding
23 sentence and (ii) the difference between (I) the funds
24 allocated to the school district pursuant to Section 1D-1
25 of this Code attributable to the funding programs
26 authorized by Section 14-7.02 (non-public special
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1 education reimbursement), subsection (b) of Section
2 14-13.01 (special education transportation), Section 29-5
3 (transportation), Section 2-3.80 (agricultural
4 education), Section 2-3.66 (truants' alternative
5 education), Section 2-3.62 (educational service centers),
6 and Section 14-7.03 (special education - orphanage) of
7 this Code and Section 15 of the Childhood Hunger Relief
8 Act (free breakfast program) and (II) the school
9 district's actual expenditures for its non-public special
10 education, special education transportation,
11 transportation programs, agricultural education, truants'
12 alternative education, services that would otherwise be
13 performed by a regional office of education, special
14 education orphanage expenditures, and free breakfast, as
15 most recently calculated and reported pursuant to
16 subsection (f) of Section 1D-1 of this Code. The Base
17 Funding Minimum for Glenwood Academy shall be $952,014.
18 For programs operated by a regional office of education or
19 an intermediate service center, the Base Funding Minimum
20 must be the total amount of State funds allocated to those
21 programs in the 2018-2019 school year and amounts provided
22 pursuant to Article 34 of Public Act 100-586 and Section
23 3-16 of this Code. All programs established after June 5,
24 2019 (the effective date of Public Act 101-10) and
25 administered by a regional office of education or an
26 intermediate service center must have an initial Base
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1 Funding Minimum set to an amount equal to the first-year
2 ASE multiplied by the amount of per pupil funding received
3 in the previous school year by the lowest funded similar
4 existing program type. If the enrollment for a program
5 operated by a regional office of education or an
6 intermediate service center is zero, then it may not
7 receive Base Funding Minimum funds for that program in the
8 next fiscal year, and those funds must be distributed to
9 Organizational Units under subsection (g).
10 (2) For the 2018-2019 and subsequent school years, the
11 Base Funding Minimum of Organizational Units and Specially
12 Funded Units shall be the sum of (i) the amount of
13 Evidence-Based Funding for the prior school year, (ii) the
14 Base Funding Minimum for the prior school year, and (iii)
15 any amount received by a school district pursuant to
16 Section 7 of Article 97 of Public Act 100-21.
17 For the 2022-2023 school year, the Base Funding
18 Minimum of Organizational Units shall be the amounts
19 recalculated by the State Board of Education for Fiscal
20 Year 2019 through Fiscal Year 2022 that were necessary due
21 to average student enrollment errors for districts
22 organized under Article 34 of this Code, plus the Fiscal
23 Year 2022 property tax relief grants provided under
24 Section 2-3.170 of this Code, ensuring each Organizational
25 Unit has the correct amount of resources for Fiscal Year
26 2023 Evidence-Based Funding calculations and that Fiscal
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1 Year 2023 Evidence-Based Funding Distributions are made in
2 accordance with this Section.
3 (3) Subject to approval by the General Assembly as
4 provided in this paragraph (3), an Organizational Unit
5 that meets all of the following criteria, as determined by
6 the State Board, shall have District Intervention Money
7 added to its Base Funding Minimum at the time the Base
8 Funding Minimum is calculated by the State Board:
9 (A) The Organizational Unit is operating under an
10 Independent Authority under Section 2-3.25f-5 of this
11 Code for a minimum of 4 school years or is subject to
12 the control of the State Board pursuant to a court
13 order for a minimum of 4 school years.
14 (B) The Organizational Unit was designated as a
15 Tier 1 or Tier 2 Organizational Unit in the previous
16 school year under paragraph (3) of subsection (g) of
17 this Section.
18 (C) The Organizational Unit demonstrates
19 sustainability through a 5-year financial and
20 strategic plan.
21 (D) The Organizational Unit has made sufficient
22 progress and achieved sufficient stability in the
23 areas of governance, academic growth, and finances.
24 As part of its determination under this paragraph (3),
25 the State Board may consider the Organizational Unit's
26 summative designation, any accreditations of the
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1 Organizational Unit, or the Organizational Unit's
2 financial profile, as calculated by the State Board.
3 If the State Board determines that an Organizational
4 Unit has met the criteria set forth in this paragraph (3),
5 it must submit a report to the General Assembly, no later
6 than January 2 of the fiscal year in which the State Board
7 makes it determination, on the amount of District
8 Intervention Money to add to the Organizational Unit's
9 Base Funding Minimum. The General Assembly must review the
10 State Board's report and may approve or disapprove, by
11 joint resolution, the addition of District Intervention
12 Money. If the General Assembly fails to act on the report
13 within 40 calendar days from the receipt of the report,
14 the addition of District Intervention Money is deemed
15 approved. If the General Assembly approves the amount of
16 District Intervention Money to be added to the
17 Organizational Unit's Base Funding Minimum, the District
18 Intervention Money must be added to the Base Funding
19 Minimum annually thereafter.
20 For the first 4 years following the initial year that
21 the State Board determines that an Organizational Unit has
22 met the criteria set forth in this paragraph (3) and has
23 received funding under this Section, the Organizational
24 Unit must annually submit to the State Board, on or before
25 November 30, a progress report regarding its financial and
26 strategic plan under subparagraph (C) of this paragraph
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1 (3). The plan shall include the financial data from the
2 past 4 annual financial reports or financial audits that
3 must be presented to the State Board by November 15 of each
4 year and the approved budget financial data for the
5 current year. The plan shall be developed according to the
6 guidelines presented to the Organizational Unit by the
7 State Board. The plan shall further include financial
8 projections for the next 3 fiscal years and include a
9 discussion and financial summary of the Organizational
10 Unit's facility needs. If the Organizational Unit does not
11 demonstrate sufficient progress toward its 5-year plan or
12 if it has failed to file an annual financial report, an
13 annual budget, a financial plan, a deficit reduction plan,
14 or other financial information as required by law, the
15 State Board may establish a Financial Oversight Panel
16 under Article 1H of this Code. However, if the
17 Organizational Unit already has a Financial Oversight
18 Panel, the State Board may extend the duration of the
19 Panel.
20 (f) Percent of Adequacy and Final Resources calculation.
21 (1) The Evidence-Based Funding formula establishes a
22 Percent of Adequacy for each Organizational Unit in order
23 to place such units into tiers for the purposes of the
24 funding distribution system described in subsection (g) of
25 this Section. Initially, an Organizational Unit's
26 Preliminary Resources and Preliminary Percent of Adequacy
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1 are calculated pursuant to paragraph (2) of this
2 subsection (f). Then, an Organizational Unit's Final
3 Resources and Final Percent of Adequacy are calculated to
4 account for the Organizational Unit's poverty
5 concentration levels pursuant to paragraphs (3) and (4) of
6 this subsection (f).
7 (2) An Organizational Unit's Preliminary Resources are
8 equal to the sum of its Local Capacity Target, CPPRT, and
9 Base Funding Minimum. An Organizational Unit's Preliminary
10 Percent of Adequacy is the lesser of (i) its Preliminary
11 Resources divided by its Adequacy Target or (ii) 100%.
12 (3) Except for Specially Funded Units, an
13 Organizational Unit's Final Resources are equal to the sum
14 of its Local Capacity, CPPRT, and Adjusted Base Funding
15 Minimum. The Base Funding Minimum of each Specially Funded
16 Unit shall serve as its Final Resources, except that the
17 Base Funding Minimum for State-approved charter schools
18 shall not include any portion of general State aid
19 allocated in the prior year based on the per capita
20 tuition charge times the charter school enrollment.
21 (4) An Organizational Unit's Final Percent of Adequacy
22 is its Final Resources divided by its Adequacy Target. An
23 Organizational Unit's Adjusted Base Funding Minimum is
24 equal to its Base Funding Minimum less its Supplemental
25 Grant Funding, with the resulting figure added to the
26 product of its Supplemental Grant Funding and Preliminary
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1 Percent of Adequacy.
2 (g) Evidence-Based Funding formula distribution system.
3 (1) In each school year under the Evidence-Based
4 Funding formula, each Organizational Unit receives funding
5 equal to the sum of its Base Funding Minimum and the unit's
6 allocation of New State Funds determined pursuant to this
7 subsection (g). To allocate New State Funds, the
8 Evidence-Based Funding formula distribution system first
9 places all Organizational Units into one of 4 tiers in
10 accordance with paragraph (3) of this subsection (g),
11 based on the Organizational Unit's Final Percent of
12 Adequacy. New State Funds are allocated to each of the 4
13 tiers as follows: Tier 1 Aggregate Funding equals 50% of
14 all New State Funds, Tier 2 Aggregate Funding equals 49%
15 of all New State Funds, Tier 3 Aggregate Funding equals
16 0.9% of all New State Funds, and Tier 4 Aggregate Funding
17 equals 0.1% of all New State Funds. Each Organizational
18 Unit within Tier 1 or Tier 2 receives an allocation of New
19 State Funds equal to its tier Funding Gap, as defined in
20 the following sentence, multiplied by the tier's
21 Allocation Rate determined pursuant to paragraph (4) of
22 this subsection (g). For Tier 1, an Organizational Unit's
23 Funding Gap equals the tier's Target Ratio, as specified
24 in paragraph (5) of this subsection (g), multiplied by the
25 Organizational Unit's Adequacy Target, with the resulting
26 amount reduced by the Organizational Unit's Final
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1 Resources. For Tier 2, an Organizational Unit's Funding
2 Gap equals the tier's Target Ratio, as described in
3 paragraph (5) of this subsection (g), multiplied by the
4 Organizational Unit's Adequacy Target, with the resulting
5 amount reduced by the Organizational Unit's Final
6 Resources and its Tier 1 funding allocation. To determine
7 the Organizational Unit's Funding Gap, the resulting
8 amount is then multiplied by a factor equal to one minus
9 the Organizational Unit's Local Capacity Target
10 percentage. Each Organizational Unit within Tier 3 or Tier
11 4 receives an allocation of New State Funds equal to the
12 product of its Adequacy Target and the tier's Allocation
13 Rate, as specified in paragraph (4) of this subsection
14 (g).
15 (2) To ensure equitable distribution of dollars for
16 all Tier 2 Organizational Units, no Tier 2 Organizational
17 Unit shall receive fewer dollars per ASE than any Tier 3
18 Organizational Unit. Each Tier 2 and Tier 3 Organizational
19 Unit shall have its funding allocation divided by its ASE.
20 Any Tier 2 Organizational Unit with a funding allocation
21 per ASE below the greatest Tier 3 allocation per ASE shall
22 get a funding allocation equal to the greatest Tier 3
23 funding allocation per ASE multiplied by the
24 Organizational Unit's ASE. Each Tier 2 Organizational
25 Unit's Tier 2 funding allocation shall be multiplied by
26 the percentage calculated by dividing the original Tier 2
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1 Aggregate Funding by the sum of all Tier 2 Organizational
2 Units' Tier 2 funding allocation after adjusting
3 districts' funding below Tier 3 levels.
4 (3) Organizational Units are placed into one of 4
5 tiers as follows:
6 (A) Tier 1 consists of all Organizational Units,
7 except for Specially Funded Units, with a Percent of
8 Adequacy less than the Tier 1 Target Ratio. The Tier 1
9 Target Ratio is the ratio level that allows for Tier 1
10 Aggregate Funding to be distributed, with the Tier 1
11 Allocation Rate determined pursuant to paragraph (4)
12 of this subsection (g).
13 (B) Tier 2 consists of all Tier 1 Units and all
14 other Organizational Units, except for Specially
15 Funded Units, with a Percent of Adequacy of less than
16 0.90.
17 (C) Tier 3 consists of all Organizational Units,
18 except for Specially Funded Units, with a Percent of
19 Adequacy of at least 0.90 and less than 1.0.
20 (D) Tier 4 consists of all Organizational Units
21 with a Percent of Adequacy of at least 1.0.
22 (4) The Allocation Rates for Tiers 1 through 4 are
23 determined as follows:
24 (A) The Tier 1 Allocation Rate is 30%.
25 (B) The Tier 2 Allocation Rate is the result of the
26 following equation: Tier 2 Aggregate Funding, divided
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1 by the sum of the Funding Gaps for all Tier 2
2 Organizational Units, unless the result of such
3 equation is higher than 1.0. If the result of such
4 equation is higher than 1.0, then the Tier 2
5 Allocation Rate is 1.0.
6 (C) The Tier 3 Allocation Rate is the result of the
7 following equation: Tier 3 Aggregate Funding, divided
8 by the sum of the Adequacy Targets of all Tier 3
9 Organizational Units.
10 (D) The Tier 4 Allocation Rate is the result of the
11 following equation: Tier 4 Aggregate Funding, divided
12 by the sum of the Adequacy Targets of all Tier 4
13 Organizational Units.
14 (5) A tier's Target Ratio is determined as follows:
15 (A) The Tier 1 Target Ratio is the ratio level that
16 allows for Tier 1 Aggregate Funding to be distributed
17 with the Tier 1 Allocation Rate.
18 (B) The Tier 2 Target Ratio is 0.90.
19 (C) The Tier 3 Target Ratio is 1.0.
20 (6) If, at any point, the Tier 1 Target Ratio is
21 greater than 90%, then all Tier 1 funding shall be
22 allocated to Tier 2 and no Tier 1 Organizational Unit's
23 funding may be identified.
24 (7) In the event that all Tier 2 Organizational Units
25 receive funding at the Tier 2 Target Ratio level, any
26 remaining New State Funds shall be allocated to Tier 3 and
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1 Tier 4 Organizational Units.
2 (8) If any Specially Funded Units, excluding Glenwood
3 Academy, recognized by the State Board do not qualify for
4 direct funding following the implementation of Public Act
5 100-465 from any of the funding sources included within
6 the definition of Base Funding Minimum, the unqualified
7 portion of the Base Funding Minimum shall be transferred
8 to one or more appropriate Organizational Units as
9 determined by the State Superintendent based on the prior
10 year ASE of the Organizational Units.
11 (8.5) If a school district withdraws from a special
12 education cooperative, the portion of the Base Funding
13 Minimum that is attributable to the school district may be
14 redistributed to the school district upon withdrawal. The
15 school district and the cooperative must include the
16 amount of the Base Funding Minimum that is to be
17 reapportioned in their withdrawal agreement and notify the
18 State Board of the change with a copy of the agreement upon
19 withdrawal.
20 (9) The Minimum Funding Level is intended to establish
21 a target for State funding that will keep pace with
22 inflation and continue to advance equity through the
23 Evidence-Based Funding formula. The target for State
24 funding of New Property Tax Relief Pool Funds is
25 $50,000,000 for State fiscal year 2019 and subsequent
26 State fiscal years. The Minimum Funding Level is equal to
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1 $350,000,000. In addition to any New State Funds, no more
2 than $50,000,000 New Property Tax Relief Pool Funds may be
3 counted toward the Minimum Funding Level. If the sum of
4 New State Funds and applicable New Property Tax Relief
5 Pool Funds are less than the Minimum Funding Level, than
6 funding for tiers shall be reduced in the following
7 manner:
8 (A) First, Tier 4 funding shall be reduced by an
9 amount equal to the difference between the Minimum
10 Funding Level and New State Funds until such time as
11 Tier 4 funding is exhausted.
12 (B) Next, Tier 3 funding shall be reduced by an
13 amount equal to the difference between the Minimum
14 Funding Level and New State Funds and the reduction in
15 Tier 4 funding until such time as Tier 3 funding is
16 exhausted.
17 (C) Next, Tier 2 funding shall be reduced by an
18 amount equal to the difference between the Minimum
19 Funding Level and New State Funds and the reduction in
20 Tier 4 and Tier 3.
21 (D) Finally, Tier 1 funding shall be reduced by an
22 amount equal to the difference between the Minimum
23 Funding level and New State Funds and the reduction in
24 Tier 2, 3, and 4 funding. In addition, the Allocation
25 Rate for Tier 1 shall be reduced to a percentage equal
26 to the Tier 1 Allocation Rate set by paragraph (4) of
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1 this subsection (g), multiplied by the result of New
2 State Funds divided by the Minimum Funding Level.
3 (9.5) For State fiscal year 2019 and subsequent State
4 fiscal years, except State fiscal year 2026, if New State
5 Funds exceed $300,000,000, then any amount in excess of
6 $300,000,000 shall be dedicated for purposes of Section
7 2-3.170 of this Code up to a maximum of $50,000,000.
8 (10) In the event of a decrease in the amount of the
9 appropriation for this Section in any fiscal year after
10 implementation of this Section, the Organizational Units
11 receiving Tier 1 and Tier 2 funding, as determined under
12 paragraph (3) of this subsection (g), shall be held
13 harmless by establishing a Base Funding Guarantee equal to
14 the per pupil kindergarten through grade 12 funding
15 received in accordance with this Section in the prior
16 fiscal year. Reductions shall be made to the Base Funding
17 Minimum of Organizational Units in Tier 3 and Tier 4 on a
18 per pupil basis equivalent to the total number of the ASE
19 in Tier 3-funded and Tier 4-funded Organizational Units
20 divided by the total reduction in State funding. The Base
21 Funding Minimum as reduced shall continue to be applied to
22 Tier 3 and Tier 4 Organizational Units and adjusted by the
23 relative formula when increases in appropriations for this
24 Section resume. In no event may State funding reductions
25 to Organizational Units in Tier 3 or Tier 4 exceed an
26 amount that would be less than the Base Funding Minimum
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1 established in the first year of implementation of this
2 Section. If additional reductions are required, all school
3 districts shall receive a reduction by a per pupil amount
4 equal to the aggregate additional appropriation reduction
5 divided by the total ASE of all Organizational Units.
6 (11) The State Superintendent shall make minor
7 adjustments to the distribution formula set forth in this
8 subsection (g) to account for the rounding of percentages
9 to the nearest tenth of a percentage and dollar amounts to
10 the nearest whole dollar.
11 (h) State Superintendent administration of funding and
12 district submission requirements.
13 (1) The State Superintendent shall, in accordance with
14 appropriations made by the General Assembly, meet the
15 funding obligations created under this Section.
16 (2) The State Superintendent shall calculate the
17 Adequacy Target for each Organizational Unit under this
18 Section. No Evidence-Based Funding shall be distributed
19 within an Organizational Unit without the approval of the
20 unit's school board.
21 (3) Annually, the State Superintendent shall calculate
22 and report to each Organizational Unit the unit's
23 aggregate financial adequacy amount, which shall be the
24 sum of the Adequacy Target for each Organizational Unit.
25 The State Superintendent shall calculate and report
26 separately for each Organizational Unit the unit's total
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1 State funds allocated for its students with disabilities.
2 The State Superintendent shall calculate and report
3 separately for each Organizational Unit the amount of
4 funding and applicable FTE calculated for each Essential
5 Element of the unit's Adequacy Target.
6 (4) Annually, the State Superintendent shall calculate
7 and report to each Organizational Unit the amount the unit
8 must expend on special education and bilingual education
9 and computer technology and equipment for Organizational
10 Units assigned to Tier 1 or Tier 2 that received an
11 additional $285.50 per student computer technology and
12 equipment investment grant to their Adequacy Target
13 pursuant to the unit's Base Funding Minimum, Special
14 Education Allocation, Bilingual Education Allocation, and
15 computer technology and equipment investment allocation.
16 (5) Moneys distributed under this Section shall be
17 calculated on a school year basis, but paid on a fiscal
18 year basis, with payments beginning in August and
19 extending through June. Unless otherwise provided, the
20 moneys appropriated for each fiscal year shall be
21 distributed in 22 equal payments at least 2 times monthly
22 to each Organizational Unit. If moneys appropriated for
23 any fiscal year are distributed other than monthly, the
24 distribution shall be on the same basis for each
25 Organizational Unit.
26 (6) Any school district that fails, for any given
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1 school year, to maintain school as required by law or to
2 maintain a recognized school is not eligible to receive
3 Evidence-Based Funding. In case of non-recognition of one
4 or more attendance centers in a school district otherwise
5 operating recognized schools, the claim of the district
6 shall be reduced in the proportion that the enrollment in
7 the attendance center or centers bears to the enrollment
8 of the school district. "Recognized school" means any
9 public school that meets the standards for recognition by
10 the State Board. A school district or attendance center
11 not having recognition status at the end of a school term
12 is entitled to receive State aid payments due upon a legal
13 claim that was filed while it was recognized.
14 (7) School district claims filed under this Section
15 are subject to Sections 18-9 and 18-12 of this Code,
16 except as otherwise provided in this Section.
17 (8) Each fiscal year, the State Superintendent shall
18 calculate for each Organizational Unit an amount of its
19 Base Funding Minimum and Evidence-Based Funding that shall
20 be deemed attributable to the provision of special
21 educational facilities and services, as defined in Section
22 14-1.08 of this Code, in a manner that ensures compliance
23 with maintenance of State financial support requirements
24 under the federal Individuals with Disabilities Education
25 Act. An Organizational Unit must use such funds only for
26 the provision of special educational facilities and
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1 services, as defined in Section 14-1.08 of this Code, and
2 must comply with any expenditure verification procedures
3 adopted by the State Board.
4 (9) All Organizational Units in this State must submit
5 annual spending plans, as part of the budget submission
6 process, no later than October 31 of each year to the State
7 Board. The spending plan shall describe how each
8 Organizational Unit will utilize the Base Funding Minimum
9 and Evidence-Based Funding it receives from this State
10 under this Section with specific identification of the
11 intended utilization of Low-Income, English learner, and
12 special education resources. Additionally, the annual
13 spending plans of each Organizational Unit shall describe
14 how the Organizational Unit expects to achieve student
15 growth and how the Organizational Unit will achieve State
16 education goals, as defined by the State Board, and shall
17 indicate which stakeholder groups the Organizational Unit
18 engaged with to inform its annual spending plans. The
19 State Superintendent may, from time to time, identify
20 additional requisites for Organizational Units to satisfy
21 when compiling the annual spending plans required under
22 this subsection (h). The format and scope of annual
23 spending plans shall be developed by the State
24 Superintendent and the State Board of Education. School
25 districts that serve students under Article 14C of this
26 Code shall continue to submit information as required
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1 under Section 14C-12 of this Code. Annual spending plans
2 required under this subsection (h) shall be integrated
3 into annual school district budgets completed pursuant to
4 Section 17-1 or Section 34-43. Organizational Units that
5 do not submit a budget to the State Board shall be provided
6 with a separate planning template developed by the State
7 Board. The State Board shall create an Evidence-Based
8 Funding spending plan tool to make Evidence-Based Funding
9 spending plan data for each Organizational Unit available
10 on the State Board's website no later than December 31,
11 2025, with annual updates thereafter. The tool shall allow
12 for the selection and review of each Organizational Unit's
13 planned use of Evidence-Based Funding.
14 (10) No later than January 1, 2018, the State
15 Superintendent shall develop a 5-year strategic plan for
16 all Organizational Units to help in planning for adequacy
17 funding under this Section. The State Superintendent shall
18 submit the plan to the Governor and the General Assembly,
19 as provided in Section 3.1 of the General Assembly
20 Organization Act. The plan shall include recommendations
21 for:
22 (A) a framework for collaborative, professional,
23 innovative, and 21st century learning environments
24 using the Evidence-Based Funding model;
25 (B) ways to prepare and support this State's
26 educators for successful instructional careers;
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1 (C) application and enhancement of the current
2 financial accountability measures, the approved State
3 plan to comply with the federal Every Student Succeeds
4 Act, and the Illinois Balanced Accountability Measures
5 in relation to student growth and elements of the
6 Evidence-Based Funding model; and
7 (D) implementation of an effective school adequacy
8 funding system based on projected and recommended
9 funding levels from the General Assembly.
10 (11) On an annual basis, the State Superintendent must
11 recalibrate all of the following per pupil elements of the
12 Adequacy Target and applied to the formulas, based on the
13 study of average expenses and as reported in the most
14 recent annual financial report:
15 (A) Gifted under subparagraph (M) of paragraph (2)
16 of subsection (b).
17 (B) Instructional materials under subparagraph (O)
18 of paragraph (2) of subsection (b).
19 (C) Assessment under subparagraph (P) of paragraph
20 (2) of subsection (b).
21 (D) Student activities under subparagraph (R) of
22 paragraph (2) of subsection (b).
23 (E) Maintenance and operations under subparagraph
24 (S) of paragraph (2) of subsection (b).
25 (F) Central office under subparagraph (T) of
26 paragraph (2) of subsection (b).
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1 (i) Professional Review Panel.
2 (1) A Professional Review Panel is created to study
3 and review topics related to the implementation and effect
4 of Evidence-Based Funding, as assigned by a joint
5 resolution or Public Act of the General Assembly or a
6 motion passed by the State Board of Education. The Panel
7 must provide recommendations to and serve the Governor,
8 the General Assembly, and the State Board. The State
9 Superintendent or his or her designee must serve as a
10 voting member and chairperson of the Panel. The State
11 Superintendent must appoint a vice chairperson from the
12 membership of the Panel. The Panel must advance
13 recommendations based on a three-fifths majority vote of
14 Panel members present and voting. A minority opinion may
15 also accompany any recommendation of the Panel. The Panel
16 shall be appointed by the State Superintendent, except as
17 otherwise provided in paragraph (2) of this subsection (i)
18 and include the following members:
19 (A) Two appointees that represent district
20 superintendents, recommended by a statewide
21 organization that represents district superintendents.
22 (B) Two appointees that represent school boards,
23 recommended by a statewide organization that
24 represents school boards.
25 (C) Two appointees from districts that represent
26 school business officials, recommended by a statewide
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1 organization that represents school business
2 officials.
3 (D) Two appointees that represent school
4 principals, recommended by a statewide organization
5 that represents school principals.
6 (E) Two appointees that represent teachers,
7 recommended by a statewide organization that
8 represents teachers.
9 (F) Two appointees that represent teachers,
10 recommended by another statewide organization that
11 represents teachers.
12 (G) Two appointees that represent regional
13 superintendents of schools, recommended by
14 organizations that represent regional superintendents.
15 (H) Two independent experts selected solely by the
16 State Superintendent.
17 (I) Two independent experts recommended by public
18 universities in this State.
19 (J) One member recommended by a statewide
20 organization that represents parents.
21 (K) Two representatives recommended by collective
22 impact organizations that represent major metropolitan
23 areas or geographic areas in Illinois.
24 (L) One member from a statewide organization
25 focused on research-based education policy to support
26 a school system that prepares all students for
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1 college, a career, and democratic citizenship.
2 (M) One representative from a school district
3 organized under Article 34 of this Code.
4 The State Superintendent shall ensure that the
5 membership of the Panel includes representatives from
6 school districts and communities reflecting the
7 geographic, socio-economic, racial, and ethnic diversity
8 of this State. The State Superintendent shall additionally
9 ensure that the membership of the Panel includes
10 representatives with expertise in bilingual education and
11 special education. Staff from the State Board shall staff
12 the Panel.
13 (2) In addition to those Panel members appointed by
14 the State Superintendent, 4 members of the General
15 Assembly shall be appointed as follows: one member of the
16 House of Representatives appointed by the Speaker of the
17 House of Representatives, one member of the Senate
18 appointed by the President of the Senate, one member of
19 the House of Representatives appointed by the Minority
20 Leader of the House of Representatives, and one member of
21 the Senate appointed by the Minority Leader of the Senate.
22 There shall be one additional member appointed by the
23 Governor. All members appointed by legislative leaders or
24 the Governor shall be non-voting, ex officio members.
25 (3) The Panel must study topics at the direction of
26 the General Assembly or State Board of Education, as
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1 provided under paragraph (1). The Panel may also study the
2 following topics at the direction of the chairperson:
3 (A) The format and scope of annual spending plans
4 referenced in paragraph (9) of subsection (h) of this
5 Section.
6 (B) The Comparable Wage Index under this Section.
7 (C) Maintenance and operations, including capital
8 maintenance and construction costs.
9 (D) "At-risk student" definition.
10 (E) Benefits.
11 (F) Technology.
12 (G) Local Capacity Target.
13 (H) Funding for Alternative Schools, Laboratory
14 Schools, safe schools, and alternative learning
15 opportunities programs.
16 (I) Funding for college and career acceleration
17 strategies.
18 (J) Special education investments.
19 (K) Early childhood investments, in collaboration
20 with the Illinois Early Learning Council.
21 (4) (Blank).
22 (5) Within 5 years after the implementation of this
23 Section, and every 5 years thereafter, the Panel shall
24 complete an evaluative study of the entire Evidence-Based
25 Funding model, including an assessment of whether or not
26 the formula is achieving State goals. The Panel shall
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1 report to the State Board, the General Assembly, and the
2 Governor on the findings of the study.
3 (6) (Blank).
4 (7) To ensure that (i) the Adequacy Target calculation
5 under subsection (b) accurately reflects the needs of
6 students living in poverty or attending schools located in
7 areas of high poverty, (ii) racial equity within the
8 Evidence-Based Funding formula is explicitly explored and
9 advanced, and (iii) the funding goals of the formula
10 distribution system established under this Section are
11 sufficient to provide adequate funding for every student
12 and to fully fund every school in this State, the Panel
13 shall review the Essential Elements under paragraph (2) of
14 subsection (b). The Panel shall consider all of the
15 following in its review:
16 (A) The financial ability of school districts to
17 provide instruction in a foreign language to every
18 student and whether an additional Essential Element
19 should be added to the formula to ensure that every
20 student has access to instruction in a foreign
21 language.
22 (B) The adult-to-student ratio for each Essential
23 Element in which a ratio is identified. The Panel
24 shall consider whether the ratio accurately reflects
25 the staffing needed to support students living in
26 poverty or who have traumatic backgrounds.
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1 (C) Changes to the Essential Elements that may be
2 required to better promote racial equity and eliminate
3 structural racism within schools.
4 (D) The impact of investing $350,000,000 in
5 additional funds each year under this Section and an
6 estimate of when the school system will become fully
7 funded under this level of appropriation.
8 (E) Provide an overview of alternative funding
9 structures that would enable the State to become fully
10 funded at an earlier date.
11 (F) The potential to increase efficiency and to
12 find cost savings within the school system to expedite
13 the journey to a fully funded system.
14 (G) The appropriate levels for reenrolling and
15 graduating high-risk high school students who have
16 been previously out of school. These outcomes shall
17 include enrollment, attendance, skill gains, credit
18 gains, graduation or promotion to the next grade
19 level, and the transition to college, training, or
20 employment, with an emphasis on progressively
21 increasing the overall attendance.
22 (H) The evidence-based or research-based practices
23 that are shown to reduce the gaps and disparities
24 experienced by African American students in academic
25 achievement and educational performance, including
26 practices that have been shown to reduce disparities
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1 in disciplinary rates, drop-out rates, graduation
2 rates, college matriculation rates, and college
3 completion rates.
4 On or before December 31, 2021, the Panel shall report
5 to the State Board, the General Assembly, and the Governor
6 on the findings of its review. This paragraph (7) is
7 inoperative on and after July 1, 2022.
8 (8) On or before April 1, 2024, the Panel must submit a
9 report to the General Assembly on annual adjustments to
10 Glenwood Academy's base-funding minimum in a similar
11 fashion to school districts under this Section.
12 (j) References. Beginning July 1, 2017, references in
13 other laws to general State aid funds or calculations under
14 Section 18-8.05 of this Code (now repealed) shall be deemed to
15 be references to evidence-based model formula funds or
16 calculations under this Section.
17 (Source: P.A. 102-33, eff. 6-25-21; 102-197, eff. 7-30-21;
18 102-558, eff. 8-20-21; 102-699, eff. 4-19-22; 102-782, eff.
19 1-1-23; 102-813, eff. 5-13-22; 102-894, eff. 5-20-22; 103-8,
20 eff. 6-7-23; 103-154, eff. 6-30-23; 103-175, eff. 6-30-23;
21 103-605, eff. 7-1-24; 103-780, eff. 8-2-24; 103-802, eff.
22 1-1-25; revised 11-26-24.)
23 ARTICLE 45.
24 Section 45-5. The Illinois Public Aid Code is amended by
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1 changing Sections 5-5.7a and 5H-1 and by adding Sections 5-61
2 and 5A-18 as follows:
3 (305 ILCS 5/5-5.7a)
4 Sec. 5-5.7a. Pandemic related stability payments for
5 health care providers. Notwithstanding other provisions of
6 law, and in accordance with the Illinois Emergency Management
7 Agency, the Department of Healthcare and Family Services shall
8 develop a process to distribute pandemic related stability
9 payments, from federal sources dedicated for such purposes, to
10 health care providers that are providing care to recipients
11 under the Medical Assistance Program. For provider types
12 serving residents who are recipients of medical assistance
13 under this Code and are funded by other State agencies, the
14 Department will coordinate the distribution process of the
15 pandemic related stability payments. Federal sources dedicated
16 to pandemic related payments include, but are not limited to,
17 funds distributed to the State of Illinois from the
18 Coronavirus Relief Fund pursuant to the Coronavirus Aid,
19 Relief, and Economic Security Act ("CARES Act") and from the
20 Coronavirus State Fiscal Recovery Fund pursuant to Section
21 9901 of the American Rescue Plan Act of 2021, that are
22 appropriated to the Department during Fiscal Years 2020, 2021,
23 and 2022 for purposes permitted by those federal laws and
24 related federal guidance.
25 (1) Pandemic related stability payments for these
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1 providers shall be separate and apart from any rate
2 methodology otherwise defined in this Code to the extent
3 permitted in accordance with Section 5001 of the CARES Act
4 and Section 9901 of the American Rescue Plan Act of 2021
5 and any related federal guidance.
6 (2) Payments made from moneys received from the
7 Coronavirus Relief Fund shall be used exclusively for
8 expenses incurred by the providers that are eligible for
9 reimbursement from the Coronavirus Relief Fund in
10 accordance with Section 5001 of the CARES Act and related
11 federal guidance. Payments made from moneys received from
12 the Coronavirus State Fiscal Recovery Fund shall be used
13 exclusively for purposes permitted by Section 9901 of the
14 American Rescue Plan Act of 2021 and related federal
15 guidance.
16 (3) All providers receiving pandemic related stability
17 payments shall attest in a format to be created by the
18 Department and be able to demonstrate that their expenses
19 are pandemic related, were not part of their annual
20 budgets established before March 1, 2020.
21 (4) Pandemic related stability payments will be
22 distributed based on a schedule and framework to be
23 established by the Department with recognition of the
24 pandemic related acuity of the situation for each
25 provider, taking into account the factors including, but
26 not limited to, the following:
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1 (A) the impact of the pandemic on patients served,
2 impact on staff, and shortages of the personal
3 protective equipment necessary for infection control
4 efforts for all providers;
5 (B) COVID-19 positivity rates among staff, or
6 patients, or both;
7 (C) pandemic related workforce challenges and
8 costs associated with temporary wage increases
9 associated with pandemic related hazard pay programs,
10 or costs associated with which providers do not have
11 enough staff to adequately provide care and protection
12 to the residents and other staff;
13 (D) providers with significant reductions in
14 utilization that result in corresponding reductions in
15 revenue as a result of the pandemic, including, but
16 not limited to, the cancellation or postponement of
17 elective procedures and visits;
18 (E) pandemic related payments received directly by
19 the providers through other federal resources;
20 (F) current efforts to respond to and provide
21 services to communities disproportionately impacted by
22 the COVID-19 public health emergency, including
23 low-income and socially vulnerable communities that
24 have seen the most severe health impacts and
25 exacerbated health inequities along racial, ethnic,
26 and socioeconomic lines; and
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1 (G) provider needs for capital improvements to
2 existing facilities, including upgrades to HVAC and
3 ventilation systems and capital improvements for
4 enhancing infection control or reducing crowding,
5 which may include bed-buybacks.
6 (5) Pandemic related stability payments made from
7 moneys received from the Coronavirus Relief Fund will be
8 distributed to providers based on a methodology to be
9 administered by the Department with amounts determined by
10 a calculation of total federal pandemic related funds
11 appropriated by the Illinois General Assembly for this
12 purpose. Providers receiving the pandemic related
13 stability payments will attest to their increased costs,
14 declining revenues, and receipt of additional pandemic
15 related funds directly from the federal government.
16 (6) Of the payments provided for by this Section made
17 from moneys received from the Coronavirus Relief Fund, a
18 minimum of 30% shall be allotted for health care providers
19 that serve the ZIP codes located in the most
20 disproportionately impacted areas of Illinois, based on
21 positive COVID-19 cases based on data collected by the
22 Department of Public Health and provided to the Department
23 of Healthcare and Family Services.
24 (7) From funds appropriated, directly or indirectly,
25 from moneys received by the State from the Coronavirus
26 State Fiscal Recovery Fund for Fiscal Years 2021 and 2022,
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1 the Department shall expend such funds only for purposes
2 permitted by Section 9901 of the American Rescue Plan Act
3 of 2021 and related federal guidance. Such expenditures
4 may include, but are not limited to: payments to providers
5 for costs incurred due to the COVID-19 public health
6 emergency; unreimbursed costs for testing and treatment of
7 uninsured Illinois residents; costs of COVID-19 mitigation
8 and prevention; medical expenses related to aftercare or
9 extended care for COVID-19 patients with longer term
10 symptoms and effects; costs of behavioral health care;
11 costs of public health and safety staff; and expenditures
12 permitted in order to address (i) disparities in public
13 health outcomes, (ii) nursing and other essential health
14 care workforce investments, (iii) exacerbation of
15 pre-existing disparities, and (iv) promoting healthy
16 childhood environments.
17 (8) From funds appropriated, directly or indirectly,
18 from moneys received by the State from the Coronavirus
19 State Fiscal Recovery Fund for Fiscal Years 2022 and 2023,
20 the Department shall establish a program for making
21 payments to long term care service providers and
22 facilities, for purposes related to financial support for
23 workers in the long term care industry, but only as
24 permitted by either the CARES Act or Section 9901 of the
25 American Rescue Plan Act of 2021 and related federal
26 guidance, including, but not limited to the following:
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1 monthly amounts of $25,000,000 per month for July 2021,
2 August 2021, and September 2021 where at least 50% of the
3 funds in July shall be passed directly to front line
4 workers and an additional 12.5% more in each of the next 2
5 months; financial support programs for providers enhancing
6 direct care staff recruitment efforts through the payment
7 of education expenses; and financial support programs for
8 providers offering enhanced and expanded training for all
9 levels of the long term care healthcare workforce to
10 achieve better patient outcomes, such as training on
11 infection control, proper personal protective equipment,
12 best practices in quality of care, and culturally
13 competent patient communications. The Department shall
14 have the authority to audit and potentially recoup funds
15 not utilized as outlined and attested. Subject to
16 appropriation from the State Coronavirus Urgent
17 Remediation Emergency Fund, during Fiscal Year 2026, the
18 Department may make expenditures as provided in this
19 paragraph to eligible providers that did not receive
20 payments in prior fiscal years.
21 (8.5) From funds appropriated, directly or indirectly,
22 from moneys received by the State from the Coronavirus
23 State Fiscal Recovery Fund, the Department shall establish
24 a grant program to provide premium pay and retention
25 incentives to front line workers at facilities licensed by
26 the Department of Public Health under the Nursing Home
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1 Care Act as skilled nursing facilities or intermediate
2 care facilities.
3 (A) Awards pursuant to this program shall comply
4 with the requirements of Section 9901 of the American
5 Rescue Plan Act of 2021 and all related federal
6 guidance. Awards shall be scaled based on a process
7 determined by the Department. The amount awarded to
8 each recipient shall not exceed $3.17 per nursing
9 hour. Awards shall be for eligible expenditures
10 incurred no earlier than May 1, 2022 and no later than
11 June 30, 2023.
12 (B) Financial assistance under this paragraph
13 (8.5) shall be expended for:
14 (i) premium pay for eligible workers, which
15 must be in addition to any wages or remuneration
16 the eligible worker has already received and shall
17 be subject to the other requirements and
18 limitations set forth in the American Rescue Plan
19 Act of 2021 and related federal guidance; and
20 (ii) retention incentives paid to eligible
21 workers that are necessary for the facility to
22 respond to the impacts of the public health
23 emergency.
24 (C) Upon receipt of funds, recipients shall
25 distribute funds such that eligible workers receive an
26 amount up to $13 per hour but no more than $25,000 for
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1 the duration of the program. Recipients shall provide
2 a written certification to the Department
3 acknowledging compliance with this paragraph.
4 (D) No portion of these funds shall be spent on
5 volunteer or temporary staff, and these funds shall
6 not be used to make retroactive premium payments
7 before April 19, 2022, (the effective date of Public
8 Act 102-699) this amendatory Act of the 102nd General
9 Assembly.
10 (E) The Department shall require each recipient
11 under this paragraph to submit appropriate
12 documentation acknowledging compliance with State and
13 federal law. For purposes of this paragraph, "eligible
14 worker" means a permanent staff member, regardless of
15 union affiliation, of a facility licensed by the
16 Department of Public Health under the Nursing Home
17 Care Act as a skilled nursing facility or intermediate
18 care facility engaged in "essential work", as defined
19 by Section 9901 of the American Rescue Plan Act of 2021
20 and related federal guidance, and (1) whose total pay
21 is below 150% of the average annual wage for all
22 occupations in the worker's county of residence, as
23 defined by the Bureau of Labor Statistics Occupational
24 Employment and Wage Statistics, or (2) is not exempt
25 from the federal Fair Labor Standards Act overtime
26 provisions.
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1 (9) From funds appropriated, directly or indirectly,
2 from moneys received by the State from the Coronavirus
3 State Fiscal Recovery Fund for Fiscal Years 2022 through
4 2024 the Department shall establish programs for making
5 payments to facilities licensed under the Nursing Home
6 Care Act and facilities licensed under the Specialized
7 Mental Health Rehabilitation Act of 2013. Subject to
8 appropriation from the State Coronavirus Urgent
9 Remediation Emergency Fund, during Fiscal Year 2026 only,
10 the Department may make expenditures as provided in this
11 paragraph to eligible facilities that did not receive
12 payments in prior fiscal years. To the extent permitted by
13 Section 9901 of the American Rescue Plan Act of 2021 and
14 related federal guidance, the programs shall provide:
15 (A) Payments for making permanent improvements to
16 resident rooms in order to improve resident outcomes
17 and infection control. Funds may be used to reduce bed
18 capacity and room occupancy. To be eligible for
19 funding, a facility must submit an application to the
20 Department as prescribed by the Department and as
21 published on its website. A facility may need to
22 receive approval from the Health Facilities and
23 Services Review Board for the permanent improvements
24 or the removal of the beds before it can receive
25 payment under this paragraph.
26 (B) Payments to reimburse facilities licensed by
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1 the Department of Public Health under the Nursing Home
2 Care Act as skilled nursing facilities or intermediate
3 care facilities for eligible expenses related to the
4 public health impacts of the COVID-19 public health
5 emergency, including, but not limited to, costs
6 related to COVID-19 testing for residents, COVID-19
7 prevention and treatment equipment, medical supplies,
8 and personal protective equipment.
9 (i) Awards made pursuant to this program shall
10 comply with the requirements of Section 9901 of
11 the American Rescue Plan Act of 2021 and all
12 related federal guidance. The amount awarded to
13 each recipient shall not exceed $1.71 per nursing
14 hour. Permissible expenditures must be made no
15 earlier than May 1, 2022 and no later than June 30,
16 2023.
17 (ii) Financial assistance pursuant to this
18 paragraph shall not be expended for premium pay.
19 (iii) The Department shall require each
20 recipient under this paragraph to submit
21 appropriate documentation acknowledging
22 compliance with State and federal law.
23 (Source: P.A. 102-16, eff. 6-17-21; 102-687, eff. 12-17-21;
24 102-699, eff. 4-19-22; 103-8, eff. 6-7-23.)
25 (305 ILCS 5/5-61 new)
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1 Sec. 5-61. Advance payment reporting. Notwithstanding any
2 provision of State law to the contrary, the Department of
3 Healthcare and Family Services shall provide notice to the
4 Director of the Governor's Office of Management and Budget, or
5 the Director's designee, prior to making, causing to be made,
6 or agreeing to make, pursuant to the rules of the Department of
7 Healthcare and Family Services, any advance payment to any
8 hospital pursuant to this Article.
9 By July 31, 2025, the Department of Healthcare and Family
10 Services shall provide to the Director of the Governor's
11 Office of Management and Budget, or the Director's designee, a
12 report of advance payments made to hospitals during State
13 fiscal year 2025. By August 29, 2025, and by the last business
14 day of each month thereafter, the Department of Healthcare and
15 Family Services shall provide to the Director of the
16 Governor's Office of Management and Budget, or the Director's
17 designee, a report of advance payments made to hospitals
18 during the preceding calendar month. Reports of advance
19 payments shall identify the following:
20 (1) name of the hospital;
21 (2) date of the advance payment;
22 (3) advance payment amount requested;
23 (4) advance payment amount approved;
24 (5) basis for the advance payment request and basis of
25 approval; and
26 (6) repayment date, if applicable.
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1 (305 ILCS 5/5A-18 new)
2 Sec. 5A-18. Advance payment reporting. Notwithstanding any
3 provision of State law to the contrary, the Department of
4 Healthcare and Family Services shall provide notice to the
5 Director of the Governor's Office of Management and Budget, or
6 the Director's designee, prior to making, causing to be made,
7 or agreeing to make, pursuant to the rules of the Department of
8 Healthcare and Family Services, any advance payment to any
9 hospital pursuant to this Article.
10 By July 31, 2025, the Department of Healthcare and Family
11 Services shall provide to the Director of the Governor's
12 Office of Management and Budget, or the Director's designee, a
13 report of advance payments made to hospitals during State
14 fiscal year 2025. By August 29, 2025, and by the last business
15 day of each month thereafter, the Department of Healthcare and
16 Family Services shall provide to the Director of the
17 Governor's Office of Management and Budget, or the Director's
18 designee, a report of advance payments made to hospitals
19 during the preceding calendar month. Reports of advance
20 payments shall identify the following:
21 (1) name of the hospital;
22 (2) date of the advance payment;
23 (3) advance payment amount requested;
24 (4) advance payment amount approved;
25 (5) basis for the advance payment request and basis of
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1 approval; and
2 (6) repayment date, if applicable.
3 (305 ILCS 5/5H-1)
4 Sec. 5H-1. Definitions. As used in this Article:
5 "Base year" means the 12-month period from January 1, 2023
6 to December 31, 2023.
7 "Department" means the Department of Healthcare and Family
8 Services.
9 "Federal employee health benefit" means the program of
10 health benefits plans, as defined in 5 U.S.C. 8901, available
11 to federal employees under 5 U.S.C. 8901 to 8914.
12 "Fund" means the Healthcare Provider Relief Fund.
13 "Managed care organization" means an entity operating
14 under a certificate of authority issued pursuant to the Health
15 Maintenance Organization Act or as a Managed Care Community
16 Network pursuant to Section 5-11 of this Code.
17 "Medicaid managed care organization" means a managed care
18 organization under contract with the Department to provide
19 services to recipients of benefits in the medical assistance
20 program pursuant to Article V of this Code, the Children's
21 Health Insurance Program Act, or the Covering ALL KIDS Health
22 Insurance Act. It does not include contracts the same entity
23 or an affiliated entity has for other business.
24 "Medicare" means the federal Medicare program established
25 under Title XVIII of the federal Social Security Act.
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1 "Member months" means the aggregate total number of months
2 all individuals are enrolled for coverage in a Managed Care
3 Organization during the base year. Member months are
4 determined by the Department for Medicaid Managed Care
5 Organizations based on enrollment data in its Medicaid
6 Management Information System and by the Department of
7 Insurance for other Managed Care Organizations based on
8 required filings with the Department of Insurance. Member
9 months do not include months individuals are enrolled in a
10 Limited Health Services Organization, including stand-alone
11 dental or vision plans, a Medicare Advantage Plan, a Medicare
12 Supplement Plan, a Medicaid Medicare Alignment Initiate Plan
13 pursuant to a Memorandum of Understanding between the
14 Department and the Federal Centers for Medicare and Medicaid
15 Services or a Federal Employee Health Benefits Plan.
16 (Source: P.A. 102-558, eff. 8-20-21; 103-593, eff. 6-7-24.)
17 Article 50.
18 Section 50-5. The Deposit of State Moneys Act is amended
19 by changing Section 22.5 as follows:
20 (15 ILCS 520/22.5) (from Ch. 130, par. 41a)
21 (For force and effect of certain provisions, see Section
22 90 of P.A. 94-79)
23 Sec. 22.5. Permitted investments. The State Treasurer may
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1 invest and reinvest any State money in the State Treasury
2 which is not needed for current expenditures due or about to
3 become due, in obligations of the United States government or
4 its agencies or of National Mortgage Associations established
5 by or under the National Housing Act, 12 U.S.C. 1701 et seq.,
6 or in mortgage participation certificates representing
7 undivided interests in specified, first-lien conventional
8 residential Illinois mortgages that are underwritten, insured,
9 guaranteed, or purchased by the Federal Home Loan Mortgage
10 Corporation or in Affordable Housing Program Trust Fund Bonds
11 or Notes as defined in and issued pursuant to the Illinois
12 Housing Development Act. All such obligations shall be
13 considered as cash and may be delivered over as cash by a State
14 Treasurer to his successor.
15 The State Treasurer may purchase any state bonds with any
16 money in the State Treasury that has been set aside and held
17 for the payment of the principal of and interest on the bonds.
18 The bonds shall be considered as cash and may be delivered over
19 as cash by the State Treasurer to his successor.
20 The State Treasurer may invest or reinvest any State money
21 in the State Treasury that is not needed for current
22 expenditures due or about to become due, or any money in the
23 State Treasury that has been set aside and held for the payment
24 of the principal of and interest on any State bonds, in bonds
25 issued by counties or municipal corporations of the State of
26 Illinois.
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1 The State Treasurer may invest or reinvest up to 5% of the
2 College Savings Pool Administrative Trust Fund, the Illinois
3 Public Treasurer Investment Pool (IPTIP) Administrative Trust
4 Fund, and the State Treasurer's Administrative Fund that is
5 not needed for current expenditures due or about to become
6 due, in common or preferred stocks of publicly traded
7 corporations, partnerships, or limited liability companies,
8 organized in the United States, with assets exceeding
9 $500,000,000 if: (i) the purchases do not exceed 1% of the
10 corporation's or the limited liability company's outstanding
11 common and preferred stock; (ii) no more than 10% of the total
12 funds are invested in any one publicly traded corporation,
13 partnership, or limited liability company; and (iii) the
14 corporation or the limited liability company has not been
15 placed on the list of restricted companies by the Illinois
16 Investment Policy Board under Section 1-110.16 of the Illinois
17 Pension Code.
18 Whenever the total amount of vouchers presented to the
19 Comptroller under Section 9 of the State Comptroller Act
20 exceeds the funds available in the General Revenue Fund by
21 $500,000,000 $1,000,000,000 or more, then the State Treasurer
22 may invest any State money in the State Treasury, other than
23 money in the General Revenue Fund, Health Insurance Reserve
24 Fund, Attorney General Court Ordered and Voluntary Compliance
25 Payment Projects Fund, Attorney General Whistleblower Reward
26 and Protection Fund, and Attorney General's State Projects and
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1 Court Ordered Distribution Fund, which is not needed for
2 current expenditures, due or about to become due, or any money
3 in the State Treasury which has been set aside and held for the
4 payment of the principal of and the interest on any State bonds
5 with the Office of the Comptroller in order to enable the
6 Comptroller to pay outstanding vouchers. At any time, and from
7 time to time outstanding, such investment shall not be greater
8 than $2,000,000,000. Such investment shall be deposited into
9 the General Revenue Fund or Health Insurance Reserve Fund as
10 determined by the Comptroller. On or after July 1, 2025, and
11 through June 30, 2026, at the request of the Governor and with
12 the approval of the Treasurer, the Comptroller may make
13 deposits into other funds in the State Treasury to pay
14 outstanding vouchers or in anticipation of vouchers that may
15 be submitted to the Comptroller for payment. Such investment
16 shall be repaid by the Comptroller with an interest rate tied
17 to the Secured Overnight Financing Rate (SOFR) London
18 Interbank Offered Rate (LIBOR) or the Federal Funds Rate or an
19 equivalent market established variable rate, but in no case
20 shall such interest rate exceed the lesser of the penalty rate
21 established under the State Prompt Payment Act or the timely
22 pay interest rate under Section 368a of the Illinois Insurance
23 Code. The State Treasurer and the Comptroller shall enter into
24 an intergovernmental agreement to establish procedures for
25 such investments, which market established variable rate to
26 which the interest rate for the investments should be tied,
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1 and other terms which the State Treasurer and Comptroller
2 reasonably believe to be mutually beneficial concerning these
3 investments by the State Treasurer. The State Treasurer and
4 Comptroller shall also enter into a written agreement for each
5 such investment that specifies the period of the investment,
6 the payment interval, the interest rate to be paid, the funds
7 in the State Treasury from which the State Treasurer will draw
8 the investment, and other terms upon which the State Treasurer
9 and Comptroller mutually agree. Such investment agreements
10 shall be public records and the State Treasurer shall post the
11 terms of all such investment agreements on the State
12 Treasurer's official website. In compliance with the
13 intergovernmental agreement, the Comptroller shall order and
14 the State Treasurer shall transfer amounts sufficient for the
15 payment of principal and interest invested by the State
16 Treasurer with the Office of the Comptroller under this
17 paragraph from the General Revenue Fund or the Health
18 Insurance Reserve Fund or, from July 1, 2025 through June 30,
19 2026, the fund identified by the Governor, to the respective
20 funds in the State Treasury from which the State Treasurer
21 drew the investment. Public Act 100-1107 shall constitute an
22 irrevocable and continuing authority for all amounts necessary
23 for the payment of principal and interest on the investments
24 made with the Office of the Comptroller by the State Treasurer
25 under this paragraph, and the irrevocable and continuing
26 authority for and direction to the Comptroller and State
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1 Treasurer to make the necessary transfers.
2 The State Treasurer may invest or reinvest any State money
3 in the State Treasury that is not needed for current
4 expenditure, due or about to become due, or any money in the
5 State Treasury that has been set aside and held for the payment
6 of the principal of and the interest on any State bonds, in any
7 of the following:
8 (1) Bonds, notes, certificates of indebtedness,
9 Treasury bills, or other securities now or hereafter
10 issued that are guaranteed by the full faith and credit of
11 the United States of America as to principal and interest.
12 (2) Bonds, notes, debentures, or other similar
13 obligations of the United States of America, its agencies,
14 and instrumentalities, or other obligations that are
15 issued or guaranteed by supranational entities; provided,
16 that at the time of investment, the entity has the United
17 States government as a shareholder.
18 (2.5) Bonds, notes, debentures, or other similar
19 obligations of a foreign government, other than the
20 Republic of the Sudan, that are guaranteed by the full
21 faith and credit of that government as to principal and
22 interest, but only if the foreign government has not
23 defaulted and has met its payment obligations in a timely
24 manner on all similar obligations for a period of at least
25 25 years immediately before the time of acquiring those
26 obligations.
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1 (3) Interest-bearing savings accounts,
2 interest-bearing certificates of deposit,
3 interest-bearing time deposits, or any other investments
4 constituting direct obligations of any bank as defined by
5 the Illinois Banking Act.
6 (4) Interest-bearing accounts, certificates of
7 deposit, or any other investments constituting direct
8 obligations of any savings and loan associations
9 incorporated under the laws of this State or any other
10 state or under the laws of the United States.
11 (5) Dividend-bearing share accounts, share certificate
12 accounts, or class of share accounts of a credit union
13 chartered under the laws of this State or the laws of the
14 United States; provided, however, the principal office of
15 the credit union must be located within the State of
16 Illinois.
17 (6) Bankers' acceptances of banks whose senior
18 obligations are rated in the top 2 rating categories by 2
19 national rating agencies and maintain that rating during
20 the term of the investment and the bank has not been placed
21 on the list of restricted companies by the Illinois
22 Investment Policy Board under Section 1-110.16 of the
23 Illinois Pension Code.
24 (7) Short-term obligations of either corporations or
25 limited liability companies organized in the United States
26 with assets exceeding $500,000,000 if (i) the obligations
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1 are rated at the time of purchase at one of the 3 highest
2 classifications established by at least 2 standard rating
3 services and mature not later than 270 days from the date
4 of purchase, (ii) the purchases do not exceed 10% of the
5 corporation's or the limited liability company's
6 outstanding obligations, (iii) no more than one-third of
7 the public agency's funds are invested in short-term
8 obligations of either corporations or limited liability
9 companies, and (iv) the corporation or the limited
10 liability company has not been placed on the list of
11 restricted companies by the Illinois Investment Policy
12 Board under Section 1-110.16 of the Illinois Pension Code.
13 (7.5) Obligations of either corporations or limited
14 liability companies organized in the United States, that
15 have a significant presence in this State, with assets
16 exceeding $500,000,000 if: (i) the obligations are rated
17 at the time of purchase at one of the 3 highest
18 classifications established by at least 2 standard rating
19 services and mature more than 270 days, but less than 10
20 years, from the date of purchase; (ii) the purchases do
21 not exceed 10% of the corporation's or the limited
22 liability company's outstanding obligations; (iii) no more
23 than one-third of the public agency's funds are invested
24 in such obligations of corporations or limited liability
25 companies; and (iv) the corporation or the limited
26 liability company has not been placed on the list of
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1 restricted companies by the Illinois Investment Policy
2 Board under Section 1-110.16 of the Illinois Pension Code.
3 (8) Money market mutual funds registered under the
4 Investment Company Act of 1940.
5 (9) The Public Treasurers' Investment Pool created
6 under Section 17 of the State Treasurer Act or in a fund
7 managed, operated, and administered by a bank.
8 (10) Repurchase agreements of government securities
9 having the meaning set out in the Government Securities
10 Act of 1986, as now or hereafter amended or succeeded,
11 subject to the provisions of that Act and the regulations
12 issued thereunder.
13 (11) Investments made in accordance with the
14 Technology Development Act.
15 (12) Investments made in accordance with the Student
16 Investment Account Act.
17 (13) Investments constituting direct obligations of a
18 community development financial institution, which is
19 certified by the United States Treasury Community
20 Development Financial Institutions Fund and is operating
21 in the State of Illinois.
22 (14) Investments constituting direct obligations of a
23 minority depository institution, as designated by the
24 Federal Deposit Insurance Corporation, that is operating
25 in the State of Illinois.
26 (15) Investments made in accordance with any other law
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1 that authorizes the State Treasurer to invest or deposit
2 funds.
3 For purposes of this Section, "agencies" of the United
4 States Government includes:
5 (i) the federal land banks, federal intermediate
6 credit banks, banks for cooperatives, federal farm credit
7 banks, or any other entity authorized to issue debt
8 obligations under the Farm Credit Act of 1971 (12 U.S.C.
9 2001 et seq.) and Acts amendatory thereto;
10 (ii) the federal home loan banks and the federal home
11 loan mortgage corporation;
12 (iii) the Commodity Credit Corporation; and
13 (iv) any other agency created by Act of Congress.
14 The State Treasurer may lend any securities acquired under
15 this Act. However, securities may be lent under this Section
16 only in accordance with Federal Financial Institution
17 Examination Council guidelines and only if the securities are
18 collateralized at a level sufficient to assure the safety of
19 the securities, taking into account market value fluctuation.
20 The securities may be collateralized by cash or collateral
21 acceptable under Sections 11 and 11.1.
22 (Source: P.A. 101-81, eff. 7-12-19; 101-206, eff. 8-2-19;
23 101-586, eff. 8-26-19; 101-657, eff. 3-23-21; 102-297, eff.
24 8-6-21; 102-558, eff. 8-20-21; 102-813, eff. 5-13-22.)
25 Article 55.
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1 Section 55-5. The Governor's Office of Management and
2 Budget Act is amended by changing Section 2 and by adding
3 Section 10 as follows:
4 (20 ILCS 3005/2) (from Ch. 127, par. 412)
5 Sec. 2. There is created in the executive office of the
6 Governor an Office to be known as the Governor's Office of
7 Management and Budget. The Office shall be headed by a
8 Director, who shall be appointed by the Governor. The
9 functions of the Office shall be as prescribed in Sections 2.1
10 through 2.14 2.10 of this Act.
11 (Source: P.A. 98-706, eff. 7-16-14.)
12 (20 ILCS 3005/10 new)
13 Sec. 10. Budget Reserve for Immediate Disbursements and
14 Governmental Emergencies Fund.
15 (a) There is created in the State Treasury as a special
16 fund the Budget Reserve for Immediate Disbursements and
17 Governmental Emergencies (BRIDGE) Fund. The Fund may receive
18 revenue from any authorized source, including, but not limited
19 to, gifts, grants, awards, transfers, and appropriated
20 deposits. Moneys in the fund shall be used to provide
21 supplemental moneys for other funds held in the State Treasury
22 in the event of unanticipated delays in or failures of
23 revenues when supplemental moneys are required to effectuate
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1 appropriations enacted by the General Assembly.
2 (b) Upon the written direction of the Governor, the State
3 Comptroller shall direct, and the State Treasurer shall
4 transfer, specified amounts held in the BRIDGE Fund to
5 specified funds in the State Treasury for expenditure pursuant
6 to appropriations from funds so specified. Upon the written
7 direction of the Governor, the State Comptroller shall direct,
8 and the State Treasurer shall transfer, specified amounts from
9 funds in the State Treasury that have received transfers from
10 the BRIDGE Fund to repay, in whole or in part, amounts
11 previously transferred pursuant to this subsection (b).
12 Section 55-10. The State Finance Act is amended by adding
13 Sections 5.1030 and 8.57 as follows:
14 (30 ILCS 105/5.1030 new)
15 Sec. 5.1030. The Budget Reserve for Immediate
16 Disbursements and Governmental Emergencies Fund.
17 (30 ILCS 105/8.57 new)
18 Sec. 8.57. Transfers to the BRIDGE Fund. Notwithstanding
19 any other State law to the contrary, on the effective date this
20 amendatory Act of the 104th General Assembly or as soon
21 thereafter as is practical, but in no circumstance later than
22 July 31, 2025, the State Comptroller shall direct and the
23 State Treasurer shall transfer the following amounts from the
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1 funds specified to the Budget Reserve for Immediate
2 Disbursements and Governmental Emergencies Fund:
3 FUND NAME AMOUNT
4 Open Space Lands Acquisition and
5 Development Fund ............................ $10,000,000
6 DHS Community Services Fund ...................... $10,000,000
7 Insurance Producer Administration Fund ............ $3,100,000
8 Criminal Justice Information Projects Fund ........ $5,000,000
9 Compassionate Use of Medical Cannabis Fund ...... $15,000,000
10 Law Enforcement Training Fund ...................... $2,000,000
11 Tourism Promotion Fund ............................ $2,000,000
12 Cannabis Business Development Fund ................ $5,000,000
13 Insurance Financial Regulation Fund ................ $3,000,000
14 Illinois Works Fund .................................. $500,000
15 Bank and Trust Company Fund .......................... $900,000
16 DNR Special Projects Fund ............................ $830,000
17 Public Health Special State Projects Fund .......... $5,000,000
18 State Police Services Fund .......................... $700,000
19 Illinois State Medical Disciplinary Fund ............ $670,000
20 Senior Citizen Real Estate Deferred Tax
21 Revolving Fund ................................ $5,000,000
22 Nursing Dedicated and Professional Fund .............. $630,000
23 Fire Prevention Fund .............................. $8,000,000
24 Energy Efficiency Trust Fund ...................... $2,000,000
25 Natural Areas Acquisition Fund .................... $2,000,000
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1 Dram Shop Fund .................................... $7,500,000
2 Local Tourism Fund .................................. $370,000
3 Clean Air Act Permit Fund ............................ $360,000
4 State Police Law Enforcement Administration Fund .... $310,000
5 Metabolic Screening and Treatment Fund .............. $280,000
6 State Rail Freight Loan Repayment Fund .............. $280,000
7 Illinois State Fair Fund ............................ $270,000
8 Hazardous Waste Fund ................................ $270,000
9 Hospital Licensure Fund ............................ $1,000,000
10 International Tourism Fund .......................... $220,000
11 Real Estate License Administration Fund .............. $210,000
12 Used Tire Management Fund ............................ $210,000
13 Public Pension Regulation Fund .................... $2,400,000
14 Cemetery Oversight Licensing and
15 Disciplinary Fund................................ $150,000
16 Subtitle D Management Fund .......................... $140,000
17 State Pheasant Fund ................................ $1,000,000
18 Horse Racing Fund .................................. $2,000,000
19 Emergency Public Health Fund ........................ $120,000
20 Feed Control Fund .................................... $120,000
21 Consumer Intervenor Compensation Fund ................ $120,000
22 Grant Accountability and Transparency Fund .......... $100,000
23 Public Health Laboratory Services Revolving Fund .... $110,000
24 State Police Merit Board Public Safety Fund .......... $97,000
25 Environmental Protection Trust Fund .................. $86,000
26 Illinois State Pharmacy Disciplinary Fund ............ $86,000
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1 Fertilizer Control Fund .............................. $85,000
2 State Migratory Waterfowl Stamp Fund ................ $85,000
3 Illinois Health Facilities Planning Fund ............ $83,000
4 Fish and Wildlife Endowment Fund .................... $83,000
5 Illinois Habitat Fund ................................ $75,000
6 Natural Resources Restoration Fund .................. $62,000
7 Savings Bank Regulatory Fund ........................ $58,000
8 Illinois Equity Fund ................................ $52,000
9 Historic Property Administrative Fund ................ $50,000
10 Illinois Capital Revolving Loan Fund ................ $48,000
11 Optometric Licensing and Disciplinary Board Fund .... $47,000
12 Low-Level Radioactive Waste Facility
13 Development and Operation Fund .................. $43,000
14 Article 60.
15 Section 60-5. The State Finance Act is amended by changing
16 Section 5.826 as follows:
17 (30 ILCS 105/5.826)
18 Sec. 5.826. The DMV Transformation Driver Services
19 Administration Fund.
20 (Source: P.A. 97-1157, eff. 11-28-13; 98-756, eff. 7-16-14.)
21 Section 60-10. The Illinois Vehicle Code is amended by
22 changing Sections 6-105.1 and 6-107.5 as follows:
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1 (625 ILCS 5/6-105.1)
2 Sec. 6-105.1. Temporary visitor's driver's license.
3 (a) The Secretary of State may issue a temporary visitor's
4 driver's license to a foreign national who (i) resides in this
5 State, (ii) is ineligible to obtain a social security number,
6 and (iii) presents to the Secretary documentation, issued by
7 United States Citizenship and Immigration Services,
8 authorizing the person's presence in this country.
9 (a-5) The Secretary of State may issue a temporary
10 visitor's driver's license to an applicant who (i) has resided
11 in this State for a period in excess of one year, (ii) is
12 ineligible to obtain a social security number, and (iii) is
13 unable to present documentation issued by the United States
14 Citizenship and Immigration Services authorizing the person's
15 presence in this country. The applicant shall submit a valid
16 unexpired passport from the applicant's country of citizenship
17 or a valid unexpired consular identification document issued
18 by a consulate of that country as defined in Section 5 of the
19 Consular Identification Document Act (5 ILCS 230/5).
20 (a-10) Applicants for a temporary visitor's driver's
21 license who are under 18 years of age at the time of
22 application shall be subject to the provisions of Sections
23 6-107 and 6-108 of this Code.
24 (b) A temporary visitor's driver's license issued under
25 subsection (a) is valid for 3 years, or for the period of time
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1 the individual is authorized to remain in this country,
2 whichever ends sooner. A temporary visitor's driver's license
3 issued under subsection (a-5) shall be valid for a period of 3
4 years.
5 (b-5) A temporary visitor's driver's license issued under
6 this Section may not be accepted for proof of the holder's
7 identity. A temporary visitor's driver's license issued under
8 this Section shall contain a notice on its face, in
9 capitalized letters, stating that the temporary visitor's
10 driver's license may not be accepted for proof of identity.
11 (c) The Secretary shall adopt rules for implementing this
12 Section, including rules:
13 (1) regarding the design and content of the temporary
14 visitor's driver's license;
15 (2) establishing criteria for proof of identification
16 and residency of an individual applying under subsection
17 (a-5);
18 (3) designating acceptable evidence that an applicant
19 is not eligible for a social security number; and
20 (4) regarding the issuance of temporary visitor's
21 instruction permits.
22 (d) Any person to whom the Secretary of State may issue a
23 temporary visitor's driver's license shall be subject to any
24 and all provisions of this Code and any and all implementing
25 regulations issued by the Secretary of State to the same
26 extent as any person issued a driver's license, unless
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1 otherwise provided in this Code or by administrative rule,
2 including but not limited to the examination requirements in
3 Section 6-109 as well as the mandatory insurance requirements
4 and penalties set forth in Article VI of Chapter 7 of this
5 Code.
6 (d-5) A temporary visitor's driver's license is invalid if
7 the holder is unable to provide proof of liability insurance
8 as required by Section 7-601 of this Code upon the request of a
9 law enforcement officer, in which case the holder commits a
10 violation of Section 6-101 of this Code.
11 (e) Temporary visitor's driver's licenses shall be issued
12 from a central location after the Secretary of State has
13 verified the information provided by the applicant.
14 (f) There is created in the State treasury a special fund
15 to be known as the DMV Transformation Driver Services
16 Administration Fund. All fees collected for the issuance of
17 temporary visitor's driver's licenses shall be deposited into
18 the Fund. These funds shall, subject to appropriation, be used
19 by the Office of the Secretary of State for costs related to
20 the issuance of temporary visitor's driver's licenses, and
21 other operational costs, including, but not limited to,
22 personnel, facilities, computer programming, and data
23 transmission.
24 (g) No temporary visitor's driver's licenses shall be
25 issued after the effective date of this amendatory Act of the
26 103rd General Assembly.
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1 (Source: P.A. 103-210, eff. 7-1-24.)
2 (625 ILCS 5/6-107.5)
3 Sec. 6-107.5. Adult Driver Education Course.
4 (a) The Secretary shall establish by rule the curriculum
5 and designate the materials to be used in an adult driver
6 education course. The course shall be at least 6 hours in
7 length and shall include instruction on traffic laws; highway
8 signs, signals, and markings that regulate, warn, or direct
9 traffic; issues commonly associated with motor vehicle crashes
10 including poor decision-making, risk taking, impaired driving,
11 distraction, speed, failure to use a safety belt, driving at
12 night, failure to yield the right-of-way, texting while
13 driving, using wireless communication devices, and alcohol and
14 drug awareness; and instruction on law enforcement procedures
15 during traffic stops, including actions that a motorist should
16 take during a traffic stop and appropriate interactions with
17 law enforcement officers. The curriculum shall not require the
18 operation of a motor vehicle.
19 (b) The Secretary shall certify course providers. The
20 requirements to be a certified course provider, the process
21 for applying for certification, and the procedure for
22 decertifying a course provider shall be established by rule.
23 (b-5) In order to qualify for certification as an adult
24 driver education course provider, each applicant must
25 authorize an investigation that includes a fingerprint-based
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1 background check to determine if the applicant has ever been
2 convicted of a criminal offense and, if so, the disposition of
3 any conviction. This authorization shall indicate the scope of
4 the inquiry and the agencies that may be contacted. Upon
5 receiving this authorization, the Secretary of State may
6 request and receive information and assistance from any
7 federal, State, or local governmental agency as part of the
8 authorized investigation. Each applicant shall submit his or
9 her fingerprints to the Illinois State Police in the form and
10 manner prescribed by the Illinois State Police. These
11 fingerprints shall be checked against fingerprint records now
12 and hereafter filed in the Illinois State Police and Federal
13 Bureau of Investigation criminal history record databases. The
14 Illinois State Police shall charge applicants a fee for
15 conducting the criminal history record check, which shall be
16 deposited into the State Police Services Fund and shall not
17 exceed the actual cost of the State and national criminal
18 history record check. The Illinois State Police shall furnish,
19 pursuant to positive identification, records of Illinois
20 criminal convictions to the Secretary and shall forward the
21 national criminal history record information to the Secretary.
22 Applicants shall pay any other fingerprint-related fees.
23 Unless otherwise prohibited by law, the information derived
24 from the investigation, including the source of the
25 information and any conclusions or recommendations derived
26 from the information by the Secretary of State, shall be
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1 provided to the applicant upon request to the Secretary of
2 State prior to any final action by the Secretary of State on
3 the application. Any criminal conviction information obtained
4 by the Secretary of State shall be confidential and may not be
5 transmitted outside the Office of the Secretary of State,
6 except as required by this subsection (b-5), and may not be
7 transmitted to anyone within the Office of the Secretary of
8 State except as needed for the purpose of evaluating the
9 applicant. At any administrative hearing held under Section
10 2-118 of this Code relating to the denial, cancellation,
11 suspension, or revocation of certification of an adult driver
12 education course provider, the Secretary of State may utilize
13 at that hearing any criminal history, criminal conviction, and
14 disposition information obtained under this subsection (b-5).
15 The information obtained from the investigation may be
16 maintained by the Secretary of State or any agency to which the
17 information was transmitted. Only information and standards
18 which bear a reasonable and rational relation to the
19 performance of providing adult driver education shall be used
20 by the Secretary of State. Any employee of the Secretary of
21 State who gives or causes to be given away any confidential
22 information concerning any criminal convictions or disposition
23 of criminal convictions of an applicant shall be guilty of a
24 Class A misdemeanor unless release of the information is
25 authorized by this Section.
26 (c) The Secretary may permit a course provider to offer
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1 the course online, if the Secretary is satisfied the course
2 provider has established adequate procedures for verifying:
3 (1) the identity of the person taking the course
4 online; and
5 (2) the person completes the entire course.
6 (d) The Secretary shall establish a method of electronic
7 verification of a student's successful completion of the
8 course.
9 (e) The fee charged by the course provider must bear a
10 reasonable relationship to the cost of the course. The
11 Secretary shall post on the Secretary of State's website a
12 list of approved course providers, the fees charged by the
13 providers, and contact information for each provider.
14 (f) In addition to any other fee charged by the course
15 provider, the course provider shall collect a fee of $5 from
16 each student to offset the costs incurred by the Secretary in
17 administering this program. The $5 shall be submitted to the
18 Secretary within 14 days of the day on which it was collected.
19 All such fees received by the Secretary shall be deposited in
20 the DMV Transformation Secretary of State Driver Services
21 Administration Fund.
22 (Source: P.A. 102-455, eff. 1-1-22; 102-538, eff. 8-20-21;
23 102-813, eff. 5-13-22; 102-982, eff. 7-1-23.)
24 Article 62.
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1 Section 62-5. The State Finance Act is amended by changing
2 Section 6z-129 as follows:
3 (30 ILCS 105/6z-129)
4 Sec. 6z-129. Horse Racing Purse Equity Fund. The Horse
5 Racing Purse Equity Fund is a nonappropriated trust fund held
6 outside of the State treasury. Within 30 calendar days after
7 funds are deposited in the Horse Racing Purse Equity Fund and
8 the applicable grant agreement is executed, whichever is
9 later, the Department of Agriculture shall transfer the entire
10 balance in the Fund to the organization licensees that hold
11 purse moneys that support each of the legally recognized
12 horsemen's associations that have contracted with an
13 organization licensee over the immediately preceding 3
14 calendar years under subsection (d) of Section 29 of the
15 Illinois Horse Racing Act of 1975. The 2024 and 2025 division
16 of such fund balance among the qualifying purse accounts shall
17 be pursuant to the 2021 agreement of the involved horsemen
18 associations with 45% being allocated to the thoroughbred
19 purse account at a racetrack located in Stickney Township in
20 Cook County, 30% being allocated to the harness purse account
21 at a racetrack located in Stickney Township in Cook County,
22 and 25% being allocated to the thoroughbred purse account at a
23 racetrack located in Madison County. Transfers may be made to
24 an organization licensee that has one or more executed grant
25 agreements while the other organization licensee awaits
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1 finalization and execution of its grant agreement or
2 agreements. All funds transferred to purse accounts pursuant
3 to this Section shall be for the sole purpose of augmenting
4 future purses during State fiscal years year 2025 and 2026.
5 For purposes of this Section, a legally recognized horsemen
6 association is that horsemen association representing the
7 largest number of owners, trainers, jockeys or Standardbred
8 drivers who race horses at an Illinois organization licensee
9 and that enter into agreements with Illinois organization
10 licenses to govern the racing meet and that also provide
11 required consents pursuant to the Illinois Horse Racing Act of
12 1975.
13 (Source: P.A. 102-16, eff. 6-17-21; 103-8, eff. 7-1-23;
14 103-588, eff. 7-1-24.)
15 Section 62-10. The Illinois Horse Racing Act of 1975 is
16 amended by changing Section 28.1 as follows:
17 (230 ILCS 5/28.1)
18 Sec. 28.1. Payments.
19 (a) Beginning on January 1, 2000, moneys collected by the
20 Department of Revenue and the Racing Board pursuant to Section
21 26 or Section 27 of this Act shall be deposited into the Horse
22 Racing Fund, which is hereby created as a special fund in the
23 State Treasury.
24 (b) Appropriations, as approved by the General Assembly,
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1 may be made from the Horse Racing Fund to the Board to pay the
2 salaries of the Board members, secretary, stewards, directors
3 of mutuels, veterinarians, representatives, accountants,
4 clerks, stenographers, inspectors and other employees of the
5 Board, and all expenses of the Board incident to the
6 administration of this Act, including, but not limited to, all
7 expenses and salaries incident to the taking of saliva and
8 urine samples in accordance with the rules and regulations of
9 the Board.
10 (c) (Blank).
11 (d) Beginning January 1, 2000, payments to all programs in
12 existence on the effective date of this amendatory Act of 1999
13 that are identified in Sections 26(c), 26(f), 26(h)(11)(C),
14 and 28, subsections (a), (b), (c), (d), (e), (f), (g), and (h)
15 of Section 30, and subsections (a), (b), (c), (d), (e), (f),
16 (g), and (h) of Section 31 shall be made from the General
17 Revenue Fund at the funding levels determined by amounts paid
18 under this Act in calendar year 1998. Beginning on the
19 effective date of this amendatory Act of the 93rd General
20 Assembly, payments to the Peoria Park District shall be made
21 from the General Revenue Fund at the funding level determined
22 by amounts paid to that park district for museum purposes
23 under this Act in calendar year 1994.
24 If an inter-track wagering location licensee's facility
25 changes its location, then the payments associated with that
26 facility under this subsection (d) for museum purposes shall
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1 be paid to the park district in the area where the facility
2 relocates, and the payments shall be used for museum purposes.
3 If the facility does not relocate to a park district, then the
4 payments shall be paid to the taxing district that is
5 responsible for park or museum expenditures.
6 (e) Beginning July 1, 2006, the payment authorized under
7 subsection (d) to museums and aquariums located in park
8 districts of over 500,000 population shall be paid to museums,
9 aquariums, and zoos in amounts determined by Museums in the
10 Park, an association of museums, aquariums, and zoos located
11 on Chicago Park District property.
12 (f) Beginning July 1, 2007, the Children's Discovery
13 Museum in Normal, Illinois shall receive payments from the
14 General Revenue Fund at the funding level determined by the
15 amounts paid to the Miller Park Zoo in Bloomington, Illinois
16 under this Section in calendar year 2006.
17 (g) On July 3, 2024, the Comptroller shall order
18 transferred and the Treasurer shall transfer $3,200,000 from
19 the Horse Racing Fund to the Horse Racing Purse Equity Fund.
20 (h) On July 3, 2025, the Comptroller shall order
21 transferred and the Treasurer shall transfer $2,000,000 from
22 the Horse Racing Fund to the Horse Racing Purse Equity Fund.
23 (Source: P.A. 102-16, eff. 6-17-21; 103-8, eff. 7-1-23;
24 103-588, eff. 7-1-24.)
25 Article 63.
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1 Section 63-5. The Department of Human Services Act is
2 amended by changing Section 1-85 as follows:
3 (20 ILCS 1305/1-85)
4 Sec. 1-85. Home Illinois Program.
5 (a) Subject to appropriation, the Department of Human
6 Services shall establish the Home Illinois Program. The Home
7 Illinois Program shall focus on preventing and ending
8 homelessness in Illinois and may include, but not be limited
9 to, homeless prevention, emergency and transitional housing,
10 rapid rehousing, outreach, capital investment, and related
11 services and supports for individuals at risk or experiencing
12 homelessness. The Department may establish program eligibility
13 criteria and other program requirements by rule. The
14 Department of Human Services may consult with the Capital
15 Development Board, the Department of Commerce and Economic
16 Opportunity, and the Illinois Housing Development Authority in
17 the management and disbursement of funds for capital related
18 projects. The Capital Development Board, the Department of
19 Commerce and Economic Opportunity, and the Illinois Housing
20 Development Authority shall act in a consulting role only for
21 the evaluation of applicants, scoring of applicants, or
22 administration of the grant program.
23 (b) Unless otherwise required by State law or federal
24 requirements, a service provider shall not be subject to a
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1 matching funds requirement in order to be eligible to receive
2 funds from the Department for the Emergency and Transitional
3 Housing Program or the Supportive Housing Program. When making
4 funding determinations, the Department retains discretion to
5 take into consideration the ability of a service provider to
6 leverage other funding sources, as well as other factors that
7 may demonstrate fiscal solvency of the service provider and
8 that the service provider is not solely reliant on State funds
9 for the provision of services.
10 (Source: P.A. 103-8, eff. 6-7-23.)
11 Article 64.
12 Section 64-5. The Illinois Public Aid Code is amended by
13 changing Section 16-2 as follows:
14 (305 ILCS 5/16-2)
15 Sec. 16-2. Eligibility. Subject to available funding, a
16 foreign-born victim of trafficking, torture, or other serious
17 crimes and the individual's derivative family members, but not
18 a single adult without derivative family members, are eligible
19 for cash assistance or SNAP benefits under this Article if the
20 individual:
21 (a) is not eligible, due to immigration status, for
22 comparable federal cash assistance or SNAP benefits and
23 has filed and been approved for, or is awaiting final
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1 determination regarding:
2 (1) a formal an application for T Nonimmigrant
3 status with the appropriate federal agency pursuant to
4 Section 1101(a)(15)(T) of Title 8 of the United States
5 Code, or is otherwise taking steps to meet the
6 conditions for federal benefits eligibility under
7 Section 7105 of Title 22 of the United States Code;
8 (2) a formal application with the appropriate
9 federal agency for status pursuant to Section
10 1101(a)(15)(U) of Title 8 of the United States Code;
11 or
12 (3) a formal application with the appropriate
13 federal agency for status under Section 1158 of Title
14 8 of the United States Code; and
15 (b) is otherwise eligible for cash assistance or SNAP
16 benefits, as applicable.
17 A single adult without derivative family members shall
18 only be eligible for cash assistance or SNAP benefits under
19 this Article if the individual is not eligible, due to
20 immigration status, for comparable federal cash assistance or
21 SNAP benefits and has filed and been approved for, or is
22 awaiting final determination regarding:
23 (i) a formal application for T Nonimmigrant status
24 with the appropriate federal agency pursuant to Section
25 1101(a)(15)(T) of Title 8 of the United States Code, or is
26 otherwise taking steps to meet the conditions for federal
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1 benefits eligibility under Section 7105 of Title 22 of the
2 United States Code; or
3 (ii) a formal application with the appropriate federal
4 agency for status pursuant to Section 1101(a)(15)(U) of
5 Title 8 of the United States Code.
6 Any An individual, including any derivative family
7 members, residing in an institution or other setting that
8 provides the majority of the individual's daily meals is not
9 eligible for SNAP benefits.
10 (Source: P.A. 103-588, eff. 6-5-24.)
11 Article 65.
12 Section 65-5. If and only if House Bill 2771 of the 104th
13 General Assembly becomes law, then the Illinois Public Aid
14 Code is amended by changing Section 5A-7 as follows:
15 (305 ILCS 5/5A-7) (from Ch. 23, par. 5A-7)
16 Sec. 5A-7. Administration; enforcement provisions.
17 (a) The Illinois Department shall establish and maintain a
18 listing of all hospital providers appearing in the licensing
19 records of the Illinois Department of Public Health, which
20 shall show each provider's name and principal place of
21 business and the name and address of each hospital operated,
22 conducted, or maintained by the provider in this State. The
23 listing shall also include the monthly assessment amounts owed
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1 for each hospital and any unpaid assessment liability greater
2 than 90 days delinquent. The Illinois Department shall
3 administer and enforce this Article and collect the
4 assessments and penalty assessments imposed under this Article
5 using procedures employed in its administration of this Code
6 generally. The Illinois Department, its Director, and every
7 hospital provider subject to assessment under this Article
8 shall have the following powers, duties, and rights:
9 (1) The Illinois Department may initiate either
10 administrative or judicial proceedings, or both, to
11 enforce provisions of this Article. Administrative
12 enforcement proceedings initiated hereunder shall be
13 governed by the Illinois Department's administrative
14 rules. Judicial enforcement proceedings initiated
15 hereunder shall be governed by the rules of procedure
16 applicable in the courts of this State.
17 (2) (Blank).
18 (3) Any unpaid assessment under this Article shall
19 become a lien upon the assets of the hospital upon which it
20 was assessed. If any hospital provider, outside the usual
21 course of its business, sells or transfers the major part
22 of any one or more of (A) the real property and
23 improvements, (B) the machinery and equipment, or (C) the
24 furniture or fixtures, of any hospital that is subject to
25 the provisions of this Article, the seller or transferor
26 shall pay the Illinois Department the amount of any
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1 assessment, assessment penalty, and interest (if any) due
2 from it under this Article up to the date of the sale or
3 transfer. The Illinois Department may, in its discretion,
4 foreclose on such a lien, but shall do so in a manner that
5 is consistent with Section 5e of the Retailers' Occupation
6 Tax Act. If the seller or transferor fails to pay any
7 assessment, assessment penalty, and interest (if any) due,
8 the purchaser or transferee of such asset shall be liable
9 for the amount of the assessment, penalties, and interest
10 (if any) up to the amount of the reasonable value of the
11 property acquired by the purchaser or transferee. The
12 purchaser or transferee shall continue to be liable until
13 the purchaser or transferee pays the full amount of the
14 assessment, penalties, and interest (if any) up to the
15 amount of the reasonable value of the property acquired by
16 the purchaser or transferee or until the purchaser or
17 transferee receives from the Illinois Department a
18 certificate showing that such assessment, penalty, and
19 interest have been paid or a certificate from the Illinois
20 Department showing that no assessment, penalty, or
21 interest is due from the seller or transferor under this
22 Article.
23 (4) Payments under this Article are not subject to the
24 Illinois Prompt Payment Act. Credits or refunds shall not
25 bear interest.
26 (b) In addition to any other remedy provided for and
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1 without sending a notice of assessment liability, the Illinois
2 Department shall collect an unpaid assessment by withholding,
3 as payment of the assessment, reimbursements or other amounts
4 otherwise payable by the Illinois Department to the hospital
5 provider, including, but not limited to, payment amounts
6 otherwise payable from a managed care organization performing
7 duties under contract with the Illinois Department.
8 (1) The requirements of this subsection may be waived
9 in instances when a disaster proclamation has been
10 declared by the Governor. In such circumstances, a
11 hospital must demonstrate temporary financial distress and
12 establish an agreement with the Illinois Department
13 specifying when repayment in full of all taxes owed will
14 occur.
15 (2) The requirements of this subsection may be waived
16 by the Illinois Department in instances when a hospital
17 has entered into and remains in compliance with a
18 repayment plan or a tax deferral plan. A repayment plan or
19 tax deferral plan must be entered into no later than 30
20 days after notice of an unpaid assessment payment. No
21 repayment plan may exceed a period of 36 months. No tax
22 deferral plan may exceed a period of 6 months, and
23 repayment after the end of a tax deferral plan shall not
24 exceed 36 months. Failure to remain in compliance with a
25 repayment plan or tax deferral plan shall cause immediate
26 termination of such plan unless there is prior written
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1 consent from the Illinois Department for a period of
2 non-compliance.
3 (3) Beginning September 1, 2025, the Illinois
4 Department shall immediately collect all overdue unpaid
5 assessments and penalties through the collection methods
6 authorized under this Section, unless a repayment plan or
7 tax deferral plan has already been agreed to by September
8 1, 2025.
9 (4) For any unpaid assessments and penalties that are
10 overdue as of the effective date of House Bill 2771 of the
11 104th General Assembly, upon receipt of payment the
12 Department may, at its discretion, transfer funds from the
13 Hospital Provider Fund to the Healthcare Provider Relief
14 Fund, provided that, at the time of each transfer, there
15 are no outstanding assessment-related payments owed to
16 hospitals that cannot be paid from resources remaining in
17 the Hospital Provider Fund after the transfer.
18 (c) To provide for the expeditious and timely
19 implementation of the changes made to this Section by this
20 amendatory Act of the 104th General Assembly, the Department
21 may adopt emergency rules as authorized by Section 5-45 of the
22 Illinois Administrative Procedure Act. The adoption of
23 emergency rules is deemed to be necessary for the public
24 interest, safety, and welfare.
25 (Source: P.A. 93-659, eff. 2-3-04; 93-841, eff. 7-30-04;
26 94-242, eff. 7-18-05; 104HB2771sam002.)
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1 Article 66.
2 Section 66-5. The Illinois Pension Code is amended by
3 changing Section 15-202 as follows:
4 (40 ILCS 5/15-202)
5 Sec. 15-202. Optional deferred compensation plan.
6 (a) As soon as practicable after August 10, 2018 (the
7 effective date of Public Act 100-769), the System shall offer
8 a deferred compensation plan that is eligible under Section
9 457(b) of the Internal Revenue Code of 1986, as amended, to
10 participating employees of the System employed by employers
11 described in Section 15-106 of this Code that qualify as
12 eligible employers under Section 457(e)(1)(A) of the Internal
13 Revenue Code of 1986, as amended. Such eligible employers
14 shall adopt the plan with an effective date no later than
15 September 1, 2021. Participating employees may voluntarily
16 elect to make elective deferrals to the eligible deferred
17 compensation plan. Eligible employers may make optional
18 employer contributions to the plan on behalf of participating
19 employees, which contributions may be maintained, increased,
20 reduced, or eliminated at the discretion of the employer from
21 plan year to plan year. The plan shall collect voluntary
22 employee and optional employer contributions into an account
23 for each participant and shall offer investment options to the
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1 participant. The plan under this Section shall be operated in
2 full compliance with any applicable State and federal laws,
3 and the System shall utilize generally accepted practices in
4 creating and maintaining the plan for the best interest of the
5 participants. In administering the deferred compensation plan,
6 the System shall require that the deferred compensation plan
7 recordkeeper agree that, in performing services with respect
8 to the deferred compensation plan, the recordkeeper: (i) will
9 not use information received as a result of providing services
10 with respect to the deferred compensation plan or the
11 participants in the deferred compensation plan to solicit the
12 participants in the deferred compensation plan for the purpose
13 of cross-selling nonplan products and services, unless in
14 response to a request by a participant in the deferred
15 compensation plan or a request by the System; and (ii) will not
16 promote, recommend, endorse, or solicit participants in the
17 deferred compensation plan to purchase any financial products
18 or services outside of the deferred compensation plan, except
19 that links to parts of the recordkeeper's or the
20 recordkeeper's affiliate's website that are generally
21 available to the public, are about commercial products, and
22 may be encountered by a participant in the regular course of
23 navigating the recordkeeper's or the recordkeeper's
24 affiliate's website will not constitute a violation of this
25 item (ii). The System may use funds from the employee and
26 employer contributions to defray any and all costs of creating
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1 and maintaining the plan. The System shall produce an annual
2 report on the participation in the plan and shall make the
3 report public.
4 (b) The System shall automatically enroll in the eligible
5 deferred compensation plan any employee of an eligible
6 employer who first becomes a participating employee of the
7 System on or after July 1, 2023 under an eligible automatic
8 contribution arrangement that is subject to Section 414(w) of
9 the Internal Revenue Code of 1986, as amended, and the United
10 States Department of Treasury regulations promulgated
11 thereunder. An employee who is automatically enrolled under
12 this subsection (b) shall have 3% of his or her compensation,
13 as defined by the plan, for each pay period deferred on a
14 pre-tax basis into his or her account, subject to any
15 contribution limits applicable to the plan. The Board may
16 increase the default percentage of compensation deferred under
17 this subsection (b).
18 An employee shall have 30 days from the date on which the
19 System provides the notice required under Section 414(w) of
20 the Internal Revenue Code of 1986, as amended, to elect to not
21 participate in the eligible deferred compensation plan or to
22 elect to increase or reduce the initial amount of elective
23 deferrals made to the plan. In the absence of such affirmative
24 election, the employee shall be automatically enrolled in the
25 plan on the first day of the calendar month, or as soon as
26 administratively practicable thereafter, following the 30th
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1 day from the date on which the System provides the required
2 notice. An employee who has been automatically enrolled in the
3 plan under this subsection (b) may elect, within 90 days of
4 enrollment, to withdraw from the plan and receive a refund of
5 amounts deferred, adjusted by applicable earnings and fees. An
6 employee making such an election shall forfeit all employer
7 matching contributions, if any, made with respect to such
8 refunded elective deferrals and such forfeited amounts shall
9 be used to defray plan expenses. Any refunded elective
10 deferrals shall be included in the employee's gross income for
11 the taxable year in which the refund is issued.
12 (c) The System may provide for one or more automatic
13 contribution arrangements, which shall comply with all
14 applicable Internal Revenue Service rules and regulations, in
15 conjunction with or in lieu of the eligible automatic
16 contribution arrangement under subsection (b), for
17 participating employees of eligible employers whose annual
18 earnings are limited by application of subsection (b) of
19 Section 15-111 of this Code. The amount of elective deferrals
20 made for the employee each pay period under an automatic
21 contribution arrangement shall equal the default percentage
22 specified by resolution of the Board multiplied by the
23 employee's compensation as defined by the plan, subject to any
24 contribution limits applicable to the plan, and shall be made
25 on a pre-tax basis. An employee subject to this subsection (c)
26 shall have 30 days from the date on which the System provides
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1 written notice to the employee to elect to not participate in
2 the eligible deferred compensation plan or to elect to
3 increase or reduce the amount of initial elective deferrals
4 made to the plan. In the absence of such affirmative election,
5 the employee shall be automatically enrolled in the plan
6 beginning the first day of the calendar month, or as soon as
7 administratively practicable thereafter, following the 30th
8 day from the date on which the System provides the required
9 notice.
10 (d) The System may provide that the default percentage for
11 any employee automatically enrolled in the eligible deferred
12 compensation plan under subsection (b) or (c) be increased by
13 a specified percentage each plan year after the plan year in
14 which the employee is automatically enrolled in the plan. The
15 amount of automatic annual increases in any plan year shall
16 not exceed 1% of compensation as defined by the plan.
17 (e) The changes made to this Section by this amendatory
18 Act of the 102nd General Assembly are corrections of existing
19 law and are intended to be retroactive to the effective date of
20 Public Act 100-769, notwithstanding Section 1-103.1 of this
21 Code.
22 (Source: P.A. 102-540, eff. 8-20-21; 103-552, eff. 8-11-23.)
23 Section 66-10. The University Employees Custodial Accounts
24 Act is amended by changing Section 2 as follows:
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1 (110 ILCS 95/2) (from Ch. 144, par. 1702)
2 Sec. 2. The governing board of any public institution of
3 higher education has the power to establish a defined
4 contribution plan to make payments to custodial accounts for
5 investment in regulated investment company stock to provide
6 retirement benefits as described in Section 403(b)(7) of the
7 Internal Revenue Code for eligible employees of such
8 institutions. Such payments shall be made with funds made
9 available by deductions from or reductions in salary or wages
10 of eligible employees who authorize in writing deductions or
11 reductions for such purpose. Such stock shall be purchased
12 only from persons authorized to sell such stock in this State.
13 In administering the defined contribution plan, the
14 governing board of any public institution of higher education
15 shall require that the defined contribution plan recordkeeper
16 agree that, in performing services with respect to the defined
17 contribution plan, the recordkeeper: (i) will not use
18 information received as a result of providing services with
19 respect to the defined contribution plan or the participants
20 in the defined contribution plan to solicit the participants
21 in the defined contribution plan for the purpose of
22 cross-selling nonplan products and services, unless in
23 response to a request by a participant in the defined
24 contribution plan or a request by the governing board of the
25 public institution of higher education or its authorized
26 delegate; and (ii) will not promote, recommend, endorse, or
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1 solicit participants in the defined contribution plan to
2 purchase any financial products or services outside of the
3 defined contribution plan, except that links to parts of the
4 recordkeeper's or the recordkeeper's affiliate's website that
5 are generally available to the public, are about commercial
6 products, and may be encountered by a participant in the
7 regular course of navigating the recordkeeper's or the
8 recordkeeper's affiliate's website will not constitute a
9 violation of this item (ii). However, a public institution of
10 higher education may allow promotion of limited services if
11 the public institution of higher education receives no
12 compensation from the recordkeeper for promoting or providing
13 such services. Such limited services may include educational,
14 counseling, debt reduction, student loan repayment or
15 forgiveness, or other services intended to enhance retirement
16 savings opportunities. Such limited services may not include
17 credit cards, life insurance, or banking products, unless a
18 request to provide those products is made by the governing
19 board of the public institution of higher education or its
20 authorized delegate.
21 (Source: P.A. 103-552, eff. 8-11-23.)
22 Article 99.
23 Section 99-95. No acceleration or delay. Where this Act
24 makes changes in a statute that is represented in this Act by
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1 text that is not yet or no longer in effect (for example, a
2 Section represented by multiple versions), the use of that
3 text does not accelerate or delay the taking effect of (i) the
4 changes made by this Act or (ii) provisions derived from any
5 other Public Act.
6 Section 99-99. Effective date. This Act takes effect upon
7 becoming law, except that:
8 (1) Article 25 takes effect upon becoming law or on
9 the date that changes to Section 513b2 of the Illinois
10 Insurance Code contained in House Bill 1697 of the 104th
11 General Assembly take effect, whichever is later;
12 (2) Article 65 takes effect upon becoming law or on
13 the date that House Bill 2771 of the 104th General
14 Assembly takes effect, whichever is later;
15 (3) Articles 15, 20, and 60 take effect on July 1,
16 2025;
17 (4) Article 12 takes effect on January 1, 2026; and
18 (5) Article 11 takes effect on March 1, 2026.Every fact on this page links to its source, starting with the official bill record.