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HB1863 Enrolled LRB104 10416 BDA 20491 b
1 AN ACT concerning State government.
2 Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
4 Article 3.
5 Section 3-1. Short title. This Article may be cited as the
6 Boards and Commissions Review Act. References in this Article
7 to "this Act" mean this Article.
8 Section 3-5. Definitions. As used in this Act:
9 "Appointing authority" means the person or entity
10 authorized or required by the Illinois Constitution, a
11 statute, or an executive order of the Governor to appoint a
12 majority of the appointed members of a board.
13 "Board" means a board, commission, task force, or other
14 body that is authorized or created by the Illinois
15 Constitution, a statute, or an executive order of the Governor
16 and to which an appointing authority is authorized or required
17 to appoint one or more members.
18 Section 3-10. Review and report.
19 (a) During odd-numbered years, beginning in 2027, an
20 appointing authority may review the activity of any board to
21 which the appointing authority is authorized or required to
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1 appoint a majority of the members to determine whether the
2 board has conducted business or held meetings in the prior 2
3 years, has been abolished by executive order, or has submitted
4 a final statutory report. Based on the findings of its review,
5 the appointing authority shall consider whether to submit a
6 report to the General Assembly recommending abolition of the
7 board.
8 (b) On or before December 31 of each odd-numbered year,
9 beginning in 2027, an appointing authority may submit a report
10 to the General Assembly and the Legislative Reference Bureau
11 that recommends the abolition of one or more boards to which
12 the appointing authority is authorized or required to make
13 appointments and that sets forth the basis for each of its
14 recommendations. A report of an appointing authority under
15 this subsection (b) shall not recommend for abolition any
16 board that was authorized or created during the 2-year period
17 immediately before the report's submittal.
18 (c) A board that is recommended for abolition by an
19 appointing authority shall be considered inactive upon
20 submission of the report recommending its abolition to the
21 General Assembly. In an even-numbered year following the
22 report, the Legislative Reference Bureau shall draft a
23 revisory bill that (i) proposes the repeal of the boards found
24 by appointing authorities in the immediately preceding year to
25 be inactive and (ii) makes all other conforming changes that
26 the Bureau deems necessary to provide for the repeal of those
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1 boards and their powers and duties. The Bureau shall provide
2 copies of the revisory bill required under this subsection to
3 each legislative leader of the General Assembly.
4 Article 5.
5 Section 5-10. The State Agency Web Site Act is amended by
6 changing Section 10 as follows:
7 (5 ILCS 177/10)
8 Sec. 10. Cookies and other invasive tracking programs.
9 (a) Except as otherwise provided in subsection (b), State
10 agency Web sites may not use permanent cookies or any other
11 invasive tracking programs that monitor and track Web site
12 viewing habits; however, a State agency Web site may use
13 transactional cookies that facilitate business transactions.
14 (b) Permanent cookies used by State agency Web sites may
15 be exempt from the prohibition in subsection (a) if they meet
16 the following criteria:
17 (1) The use of permanent cookies adds value to the
18 user otherwise not available;
19 (2) The permanent cookies are not used to monitor and
20 track web site viewing habits unless all types of
21 information collected and the State's use of that
22 information add user value and are disclosed through a
23 comprehensive online privacy statement.
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1 The Internet Privacy Task Force established under Section 15
2 shall define the exemption and limitations of this subsection
3 (b) in practice.
4 (Source: P.A. 93-117, eff. 1-1-04.)
5 (5 ILCS 177/15 rep.)
6 Section 5-15. The State Agency Web Site Act is amended by
7 repealing Section 15.
8 Section 5-18. The Civil Administrative Code of Illinois is
9 amended by changing Section 5-525 as follows:
10 (20 ILCS 5/5-525) (was 20 ILCS 5/6.01)
11 Sec. 5-525. In the Department of Agriculture.
12 (a) (Blank).
13 (b) An Advisory Board of Livestock Commissioners to
14 consist of 25 persons. The Board shall consist of the
15 administrator of animal disease programs, the Dean of the
16 College of Agricultural, Consumer, and Environmental Sciences
17 of the University of Illinois, the Dean of the College of
18 Veterinary Medicine of the University of Illinois, and,
19 commencing on January 1, 1990, the Deans or Chairmen of the
20 Colleges or Departments of Agriculture of Illinois State
21 University, Southern Illinois University, and Western Illinois
22 University in that order who shall each serve for 1 year terms,
23 provided that, commencing on January 1, 1993, such terms shall
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1 be for 2 years in the same order, the Director of Public
2 Health, the Director of Natural Resources, the Chairperson of
3 the Agriculture and Conservation Committee of the Senate, and
4 the Chairperson of the Agriculture & Conservation Committee of
5 the House of Representatives, who shall be ex officio
6 ex-officio members of the Board, and 16 17 additional persons,
7 appointed by the Governor to serve at the Governor's pleasure,
8 who are interested in the well-being of domestic animals and
9 poultry and in the prevention, elimination, and control of
10 diseases affecting them. Of the 16 17 additional persons, one
11 shall be a representative of breeders of beef cattle, one
12 shall be a representative of breeders of dairy cattle, one
13 shall be a representative of breeders of dual purpose cattle,
14 one shall be a representative of breeders of swine, one shall
15 be a representative of poultry breeders, one shall be a
16 representative of small ruminant sheep breeders, one shall be
17 a veterinarian licensed in this State, one shall be a
18 representative of general or diversified farming, one shall be
19 a representative of deer or elk breeders, one shall be a
20 representative of livestock auction markets, one shall be a
21 representative of cattle feeders, one shall be a
22 representative of pork producers, one shall be a
23 representative of the State licensed meat packers, one shall
24 be a representative of canine breeders, one shall be a
25 representative of equine breeders, one shall be a
26 representative of licensed animal shelters, one shall be a
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1 representative of licensed animal control officers the
2 Illinois licensed renderers, and one shall be a representative
3 of livestock auction markets or livestock dealers. An
4 appointed member's office becomes vacant upon the member's
5 absence from 3 consecutive meetings. Appointments made by the
6 Governor after the effective date of this amendatory Act of
7 the 96th General Assembly shall be for a term of 5 years. The
8 members of the Board shall receive no compensation but shall
9 be reimbursed for expenses necessarily incurred in the
10 performance of their duties. In the appointment of the
11 Advisory Board of Livestock Commissioners, the Governor shall
12 consult with representative persons and recognized
13 organizations in the respective fields concerning the
14 appointments.
15 Rules and regulations of the Department of Agriculture
16 pertaining to the well-being of domestic animals and poultry
17 and the prevention, elimination, and control of diseases
18 affecting them shall be submitted to the Advisory Board of
19 Livestock Commissioners for approval at its duly called
20 meeting. The chairperson of the Board shall certify the
21 official minutes of the Board's action and shall file the
22 certified minutes with the Department of Agriculture within 30
23 days after the proposed rules and regulations are submitted
24 and before they are promulgated and made effective. In the
25 event it is deemed desirable, the Board may hold hearings upon
26 the rules and regulations or proposed revisions. The Board
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1 members shall be familiar with the Acts relating to the
2 well-being of domestic animals and poultry and to the
3 prevention, elimination, and control of diseases affecting
4 them. The Department shall, upon the request of a Board
5 member, advise the Board concerning the administration of the
6 respective Acts.
7 The Director of Agriculture or his or her representative
8 from the Department shall act as chairperson of the Board. The
9 Director shall call annual meetings of the Board and may call
10 other meetings of the Board as deemed necessary. A quorum of
11 appointed members must be present to convene an official
12 meeting. The chairperson and ex officio ex-officio members
13 shall not be included in a quorum call. Ex officio Ex-officio
14 members may be represented by a duly authorized representative
15 from their department, division, college, or committee;
16 however, that representative may not exercise the voting
17 privileges of the ex officio ex-officio member. Appointed
18 members shall not be represented at a meeting by another
19 person. Ex officio Ex-officio members and appointed members
20 shall have the right to vote on all proposed rules and
21 regulations; voting that in effect would pertain to approving
22 rules and regulations shall be taken by an oral roll call. No
23 member shall vote by proxy. The chairman shall not vote except
24 in the case of a tie vote. Any ex officio ex-officio or
25 appointed member may ask for and shall receive an oral roll
26 call on any motion before the Board. The Department shall
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1 provide a clerk to take minutes of the meetings and record
2 transactions of the Board. The Board, by oral roll call, may
3 require an official court reporter to record the minutes of
4 the meetings.
5 (Source: P.A. 100-841, eff. 8-14-18.)
6 (20 ILCS 5/5-570 rep.)
7 Section 5-19. The Civil Administrative Code of Illinois is
8 amended by repealing Section 5-570.
9 (20 ILCS 405/405-130 rep.)
10 Section 5-20. The Department of Central Management
11 Services Law of the Civil Administrative Code of Illinois is
12 amended by repealing Section 405-130.
13 Section 5-25. The Department of Commerce and Economic
14 Opportunity Law of the Civil Administrative Code of Illinois
15 is amended by changing Sections 605-300, 605-600, 605-707, and
16 605-855 as follows:
17 (20 ILCS 605/605-300) (was 20 ILCS 605/46.2)
18 Sec. 605-300. Economic and business development plans;
19 Illinois Business Development Council. Economic development
20 plans. The Department shall develop a strategic economic
21 development plan for the State by July 1, 2014. By no later
22 than July 1, 2015, and by July 1 annually thereafter, the
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1 Department shall make modifications to the plan as
2 modifications are warranted by changes in economic conditions
3 or by other factors, including changes in policy. In addition
4 to the annual modification, the plan shall be reviewed and
5 redeveloped in full every 5 years. In the development of the
6 annual economic development plan, the Department shall consult
7 with representatives of the private sector, other State
8 agencies, academic institutions, local economic development
9 organizations, local governments, and not-for-profit
10 organizations. The annual economic development plan shall set
11 specific, measurable, attainable, relevant, and time-sensitive
12 goals and shall include a focus on areas of high unemployment
13 or poverty.
14 The term "economic development" shall be construed broadly
15 by the Department and may include, but is not limited to, job
16 creation, job retention, tax base enhancements, development of
17 human capital, workforce productivity, critical
18 infrastructure, regional competitiveness, social inclusion,
19 standard of living, environmental sustainability, energy
20 independence, quality of life, the effective use of financial
21 incentives, the utilization of public private partnerships
22 where appropriate, and other metrics determined by the
23 Department.
24 The plan shall be based on relevant economic data, focus
25 on economic development as prescribed by this Section, and
26 emphasize strategies to retain and create jobs.
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1 The plan shall identify and develop specific strategies
2 for utilizing the assets of regions within the State defined
3 as counties and municipalities or other political subdivisions
4 in close geographical proximity that share common economic
5 traits such as commuting zones, labor market areas, or other
6 economically integrated characteristics.
7 If the plan includes strategies that have a fiscal impact
8 on the Department or any other agency, the plan shall include a
9 detailed description of the estimated fiscal impact of such
10 strategies.
11 Prior to publishing the plan in its final form, the
12 Department shall allow for a reasonable time for public input.
13 The Department shall transmit copies of the economic
14 development plan to the Governor and the General Assembly no
15 later than July 1, 2014, and by July 1 annually thereafter. The
16 plan and its corresponding modifications shall be published
17 and made available to the public in both paper and electronic
18 media, on the Department's website, and by any other method
19 that the Department deems appropriate.
20 The Department shall annually submit legislation to
21 implement the strategic economic development plan or
22 modifications to the strategic economic development plan to
23 the Governor, the President and Minority Leader of the Senate,
24 and the Speaker and the Minority Leader of the House of
25 Representatives. The legislation shall be in the form of one
26 or more substantive bills drafted by the Legislative Reference
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1 Bureau.
2 (Source: P.A. 102-1071, eff. 6-10-22.)
3 (20 ILCS 605/605-600) (was 20 ILCS 605/46.19f)
4 Sec. 605-600. Buy Illinois Program. The Department shall
5 have the authority to establish and administer a Buy Illinois
6 Program, which may include, but is not limited to, the
7 following powers and duties:
8 (1) To accept grants, loans, or appropriations from the
9 federal government or the State or any agency or
10 instrumentality thereof, and to assess fees for any services
11 performed under the Buy Illinois Program, to carry out the
12 program.
13 (2) To form a Buy Illinois Council, made up of Illinois
14 large firms and small firms, to provide advice and counsel in
15 directing a statewide program.
16 (3) To publicize and advertise to Illinois firms and
17 government agencies the importance and benefits of buying
18 goods and services provided by vendors located within the
19 State.
20 (4) To secure the cooperation of Illinois' large firms,
21 federal, State and local governments, non-profit agencies,
22 international organizations, and others to carry out this
23 program.
24 (5) To match the needs for products and services by
25 business firms and government agencies with the capabilities
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1 of small Illinois firms that can provide those needed goods
2 and services.
3 (6) To hold purchasing agent seminars, fairs, conferences
4 and workshops to aid small Illinois businesses in obtaining
5 contracts for goods and services from larger firms and
6 government agencies within the State.
7 (7) To assist business firms and government agencies to
8 analyze their buying activities and to find ways to carry out
9 those activities in an effective and economical manner, while
10 promoting subcontract activity with small Illinois firms.
11 (8) To establish manual and electronic buying directories,
12 including stand alone computer data bases that list qualified
13 vendors and procurement opportunities.
14 (9) To promote through other means the use by
15 international agencies, government agencies, and larger
16 businesses of products and services produced by small Illinois
17 firms.
18 (10) To subcontract, grant funds, or otherwise participate
19 with qualified private firms, existing procurement centers, or
20 other organizations that have designed programs approved in
21 accordance with procedures determined by the Department, that
22 are aimed at assisting small Illinois firms in obtaining
23 contracts for products and services from local government
24 agencies and larger Illinois businesses.
25 (11) To develop and administer guidelines for projects
26 that provide assistance to the Department in connection with
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1 the Buy Illinois Program.
2 (12) To form the Illinois Food Systems Policy Council to
3 develop policies around food access and security, improve
4 individual health and well-being, promote economic incentives
5 for Illinois farmers, agri-businesses, and other private
6 enterprises, and encourage public/private partnerships around
7 healthy food options. Membership on the Council shall include
8 the Director or Secretary, or his or her designee, of the
9 Department of Commerce and Economic Opportunity, the
10 Department of Human Services, the Department of Public Health,
11 the Department of Agriculture, the Department of Natural
12 Resources, the Department of Central Management Services, the
13 State Board of Education, and the Food Nutrition and Education
14 Program. The Council shall consult with farmers and farm
15 associations, businesses and business associations, including
16 agri-businesses and food processing businesses, and community
17 based organizations, including those working on food access,
18 security, and delivery and on obesity prevention.
19 Administration of the Council and its functions shall be
20 shared among the Council members pursuant to an interagency
21 agreement from funds appropriated for this purpose or from
22 existing funds within the budgets of the Council's members.
23 The Council may submit, in consultation and collaboration with
24 the associations, businesses, organizations, and entities
25 listed in this Section, an annual report to the General
26 Assembly describing the Council's work, which may include
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1 performance indicators to measure the impact of policies and
2 practices adopted by the Council.
3 (Source: P.A. 94-77, eff. 1-1-06.)
4 (20 ILCS 605/605-707) (was 20 ILCS 605/46.6d)
5 Sec. 605-707. International Tourism Program.
6 (a) The Department of Commerce and Economic Opportunity
7 must establish a program for international tourism. The
8 Department shall develop and implement the program on January
9 1, 2000 by rule. As part of the program, the Department may
10 work in cooperation with local convention and tourism bureaus
11 in Illinois in the coordination of international tourism
12 efforts at the State and local level. The Department may (i)
13 work in cooperation with local convention and tourism bureaus
14 for efficient use of their international tourism marketing
15 resources, (ii) promote Illinois in international meetings and
16 tourism markets, (iii) work with convention and tourism
17 bureaus throughout the State to increase the number of
18 international tourists to Illinois, (iv) provide training,
19 research, technical support, and grants to certified
20 convention and tourism bureaus, (v) provide staff,
21 administration, and related support required to manage the
22 programs under this Section, and (vi) provide grants for the
23 development of or the enhancement of international tourism
24 attractions.
25 (b) The Department shall make grants for expenses related
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1 to international tourism and pay for the staffing,
2 administration, and related support from the International
3 Tourism Fund, a special fund created in the State Treasury. Of
4 the amounts deposited into the Fund in fiscal year 2000 after
5 January 1, 2000 through fiscal year 2011, 55% shall be used for
6 grants to convention and tourism bureaus in Chicago (other
7 than the City of Chicago's Office of Tourism) and 45% shall be
8 used for development of international tourism in areas outside
9 of Chicago. Of the amounts deposited into the Fund in fiscal
10 year 2001 and thereafter, 55% shall be used for grants to
11 convention and tourism bureaus in Chicago, and of that amount
12 not less than 27.5% shall be used for grants to convention and
13 tourism bureaus in Chicago other than the City of Chicago's
14 Office of Tourism, and 45% shall be used for administrative
15 expenses and grants authorized under this Section and
16 development of international tourism in areas outside of
17 Chicago, of which not less than $1,000,000 shall be used
18 annually to make grants to convention and tourism bureaus in
19 cities other than Chicago that demonstrate their international
20 tourism appeal and request to develop or expand their
21 international tourism marketing program, and may also be used
22 to provide grants under item (vi) of subsection (a) of this
23 Section. All of the amounts deposited into the Fund in fiscal
24 year 2012 and thereafter shall be used for administrative
25 expenses and grants authorized under this Section and
26 development of international tourism in areas outside of
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1 Chicago, of which not less than $1,000,000 shall be used
2 annually to make grants to convention and tourism bureaus in
3 cities other than Chicago that demonstrate their international
4 tourism appeal and request to develop or expand their
5 international tourism marketing program, and may also be used
6 to provide grants under item (vi) of subsection (a) of this
7 Section. Amounts appropriated to the State Comptroller for
8 administrative expenses and grants authorized by the Illinois
9 Global Partnership Act are payable from the International
10 Tourism Fund. For Fiscal Years 2021 and 2022 only, the
11 administrative expenses by the Department and the grants to
12 convention and visitors bureaus outside the City of Chicago
13 may be expended for the general purposes of promoting
14 conventions and tourism.
15 (c) A convention and tourism bureau is eligible to receive
16 grant moneys under this Section if the bureau is certified to
17 receive funds under Title 14 of the Illinois Administrative
18 Code, Section 550.35. To be eligible for a grant, a convention
19 and tourism bureau must provide matching funds equal to the
20 grant amount. The Department shall require that any convention
21 and tourism bureau receiving a grant under this Section that
22 requires matching funds shall provide matching funds equal to
23 no less than 50% of the grant amount. In certain circumstances
24 as determined by the Director of Commerce and Economic
25 Opportunity, however, the City of Chicago's Office of Tourism
26 or any other convention and tourism bureau may provide
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1 matching funds equal to no less than 50% of the grant amount to
2 be eligible to receive the grant. One-half of this 50% may be
3 provided through in-kind contributions. Grants received by the
4 City of Chicago's Office of Tourism and by convention and
5 tourism bureaus in Chicago may be expended for the general
6 purposes of promoting conventions and tourism.
7 (Source: P.A. 101-636, eff. 6-10-20; 102-16, eff. 6-17-21.)
8 (20 ILCS 605/605-855) (was 20 ILCS 605/46.32a in part)
9 Sec. 605-855. Grants to local coalitions and
10 labor-management-community committees.
11 (a) The Director, with the advice of the
12 Labor-Management-Community Cooperation Committee, shall have
13 the authority to provide grants to employee coalitions or
14 other coalitions that enhance or promote work and family
15 programs and address specific community concerns, and to
16 provide matching grants, grants, and other resources to
17 establish or assist area labor-management-community committees
18 and other projects that serve to enhance
19 labor-management-community relations. The Department shall
20 have the authority, with the advice of the
21 Labor-Management-Community Cooperation Committee, to award
22 grants or matching grants in the areas provided in subsections
23 (b) through (g).
24 (b) Matching grants to existing local
25 labor-management-community committees. To be eligible for
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1 matching grants pursuant to this subsection, local
2 labor-management-community committees shall meet all of the
3 following criteria:
4 (1) Be a formal, not-for-profit organization
5 structured for continuing service with voluntary
6 membership.
7 (2) Be composed of labor, management, and community
8 representatives.
9 (3) Service a distinct and identifiable geographic
10 region.
11 (4) Be staffed by a professional chief executive
12 officer.
13 (5) Have been established with the Department for at
14 least 2 years.
15 (6) Operate in compliance with rules set forth by the
16 Department with the advice of the
17 Labor-Management-Community Cooperation Committee.
18 (7) Ensure that their efforts and activities are
19 coordinated with relevant agencies, including, but not
20 limited to, the following:
21 Department of Commerce and Economic Opportunity
22 Illinois Department of Labor
23 Economic development agencies
24 Planning agencies
25 Colleges, universities, and community colleges
26 U.S. Department of Labor
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1 Statewide Job Training Partnership Act entities or
2 entities under any successor federal workforce
3 training and development legislation.
4 Further, the purpose of the local
5 labor-management-community committees will include, but not be
6 limited to, the following:
7 (i) Enhancing the positive labor-management-community
8 relationship within the State, region, community, and/or
9 work place.
10 (ii) Assisting in the retention, expansion, and
11 attraction of businesses and jobs within the State through
12 special training programs, gathering and disseminating
13 information, and providing assistance in local economic
14 development efforts as appropriate.
15 (iii) Creating and maintaining a regular
16 nonadversarial forum for ongoing dialogue between labor,
17 management, and community representatives to discuss and
18 resolve issues of mutual concern outside the realm of the
19 traditional collective bargaining process.
20 (iv) Acting as an intermediary for initiating local
21 programs between unions and employers that would generally
22 improve economic conditions in a region.
23 (v) Encouraging, assisting, and facilitating the
24 development of work-site and industry
25 labor-management-community committees in the region.
26 Any local labor-management-community committee meeting
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1 these criteria may apply to the Department for annual matching
2 grants, provided that the local committee contributes at least
3 25% in matching funds, of which no more than 50% shall be
4 "in-kind" services. Funds received by a local committee
5 pursuant to this subsection shall be used for the ordinary
6 operating expenses of the local committee.
7 (c) Matching grants to local labor-management-community
8 committees that do not meet all of the eligibility criteria
9 set forth in subsection (b). However, to be eligible to apply
10 for a grant under this subsection (c), the local
11 labor-management-community committee, at a minimum, shall meet
12 all of the following criteria:
13 (1) Be composed of labor, management, and community
14 representatives.
15 (2) Service a distinct and identifiable geographic
16 region.
17 (3) Operate in compliance with the rules set forth by
18 the Department with the advice of the
19 Labor-Management-Community Cooperation Committee.
20 (4) Ensure that its efforts and activities are
21 directed toward enhancing the labor-management-community
22 relationship within the State, region, community, and/or
23 work place.
24 Any local labor-management-community committee meeting
25 these criteria may apply to the Department for an annual
26 matching grant, provided that the local committee contributes
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1 at least 25% in matching funds of which no more than 50% shall
2 be "in-kind" services. Funds received by a local committee
3 pursuant to this subsection (c) shall be used for the ordinary
4 and operating expenses of the local committee. Eligible
5 committees shall be limited to 3 years of funding under this
6 subsection. With respect to those committees participating in
7 this program prior to enactment of this amendatory Act of 1988
8 that fail to qualify under paragraph (1) of this subsection
9 (c), previous years' funding shall be counted in determining
10 whether those committees have reached their funding limit
11 under this subsection (c).
12 (d) Grants to develop and conduct specialized education
13 and training programs of direct benefit to representatives of
14 labor, management, labor-management-community committees
15 and/or their staff. The type of education and training
16 programs to be developed and offered will be determined and
17 prioritized annually by the Department, with the advice of the
18 Labor-Management-Community Cooperation Committee. The
19 Department will develop and issue an annual request for
20 proposals detailing the program specifications.
21 (e) Grants for research and development projects related
22 to labor-management-community or employment-related family
23 issues. The Department, with the advice of the
24 Labor-Management-Community Cooperation Committee, will
25 develop and prioritize annually the type and scope of the
26 research and development projects deemed necessary.
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1 (f) Grants of up to a maximum of $5,000 to support the
2 planning of regional work, family, and community planning
3 conferences that will be based on specific community concerns.
4 (g) Grants to initiate or support recently created
5 employer-led coalitions to establish pilot projects that
6 promote the understanding of the work and family issues and
7 support local workforce dependent care services.
8 (h) The Department is authorized to establish applications
9 and application procedures and promulgate any rules deemed
10 necessary in the administration of the grants.
11 (Source: P.A. 94-793, eff. 5-19-06.)
12 (20 ILCS 605/605-425 rep.)
13 (20 ILCS 605/605-850 rep.)
14 (20 ILCS 605/605-1000 rep.)
15 Section 5-30. The Department of Commerce and Economic
16 Opportunity Law of the Civil Administrative Code of Illinois
17 is amended by repealing Sections 605-425, 605-850, and
18 605-1000.
19 (20 ILCS 627/20 rep.)
20 Section 5-35. The Electric Vehicle Act is amended by
21 repealing Section 20.
22 (20 ILCS 896/20 rep.)
23 Section 5-55. The Lake Michigan Wind Energy Act is amended
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1 by repealing Section 20.
2 Section 5-60. The Energy Conservation and Coal Development
3 Act is amended by changing Sections 9 and 10 as follows:
4 (20 ILCS 1105/9) (from Ch. 96 1/2, par. 7409)
5 Sec. 9. The Illinois Industrial Coal Utilization Program.
6 The Department shall administer the Illinois Industrial
7 Coal Utilization Program, referred to as the "program". The
8 purpose of the program is to increase the environmentally
9 sound use of Illinois coal by qualified applicants. To that
10 end, the Department shall operate a revolving loan program to
11 partially finance new coal burning facilities sited in
12 Illinois or conversion of existing boilers located in Illinois
13 to coal use, referred to as "industrial coal projects".
14 The Department, with the advice and recommendation of the
15 Illinois Coal Development Board, shall make below market rate
16 loans available to fund a portion of each qualifying
17 industrial coal project. The applicant must demonstrate that
18 it is able to obtain additional financing from other sources
19 to fund the remainder of the project and that the project would
20 not occur without the Department's participation. The
21 Department may, in part, rely on the financial evaluation
22 completed by the provider of the additional funding, as well
23 as its own evaluation.
24 The Department shall have the following powers:
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1 (1) To accept grants, loans, or appropriations from the
2 federal government or the State, or any agency or
3 instrumentality of either, to be used for any purposes of the
4 program, including operating and administrative expenses
5 associated with the program and the making of direct loans of
6 those funds with respect to projects. The Department may enter
7 into any agreement with the federal government or the State,
8 or any agency or instrumentality of either, in connection with
9 those grants, loans, or appropriations.
10 (2) To make loans from appropriations from the Build
11 Illinois Bond Fund and to accept guarantees from individuals,
12 partnerships, joint ventures, corporations, and governmental
13 agencies. Any loan or series of loans shall be limited to an
14 amount not to exceed the lesser of $4,000,000 or 60% of the
15 total project cost.
16 (3) To establish interest rates, terms of repayment, and
17 other terms and conditions regarding loans made under this Act
18 as the Department shall determine necessary or appropriate to
19 protect the public interest and carry out the purposes of this
20 Act.
21 (4) To receive, evaluate, and establish time schedules for
22 the determination of, and determine applications for financial
23 aid for the development, construction, acquisition, or
24 improvement of, an industrial coal project from any qualifying
25 applicant and negotiate terms and conditions on which the coal
26 project may be developed, constructed, improved, owned, or
HB1863 Enrolled - 25 - LRB104 10416 BDA 20491 b
1 used by or leased to the applicant or its successor in
2 interest. The Department shall prescribe the form of
3 application. The form shall contain, without being limited to,
4 the following:
5 (i) a general description of the industrial coal
6 project and of the developer, user, or tenant for which
7 the industrial project is to be established;
8 (ii) plans, equipment lists, and other documents that
9 may be required to show the type, structure, and general
10 character of the project;
11 (iii) a general description of the expected use of
12 Illinois coal resulting from the project;
13 (iv) cost estimates of developing, constructing,
14 acquiring, or improving the industrial project;
15 (v) a general description of the financing plan for
16 the industrial coal project; and
17 (vi) a general description and statement of value of
18 any property and its improvements provided or to be
19 provided for the project by other sources.
20 Nothing in this Section shall be deemed to preclude the
21 Department, before the filing of any formal application, from
22 conducting preliminary discussions and investigations with
23 respect to the subject matter of any prospective applications.
24 (Source: P.A. 94-91, eff. 7-1-05.)
25 (20 ILCS 1105/10) (from Ch. 96 1/2, par. 7410)
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1 Sec. 10. Evaluation of loan applications. The Department
2 shall evaluate applications for loans and make such
3 evaluations available to the Illinois Coal Development Board.
4 Evaluation of the loan applications shall be based on, but not
5 limited to, the following criteria:
6 (a) The length of time applicants will commit to using
7 Illinois coal in the facility which is modified, acquired or
8 constructed as a result of the project. The applicant must
9 agree to use Illinois coal for at least the life of the loan as
10 a condition of such loan. Weight shall be given for longer
11 commitments.
12 (b) The total amount of Illinois coal used. Weight shall
13 be given to projects using larger amounts of Illinois coal
14 over the life of the loan.
15 (c) The percentage of the total project costs the State is
16 asked to finance. Weight shall be given to projects which
17 maximize the use of private funds or funds from other public
18 sources.
19 (d) The technical merits of the project, including, but
20 not limited to, the effectiveness of the prepared coal-use
21 system in controlling emissions of sulfur dioxide and other
22 pollutants.
23 (Source: P.A. 84-111; 84-1070.)
24 (20 ILCS 1105/8 rep.)
25 Section 5-65. The Energy Conservation and Coal Development
HB1863 Enrolled - 27 - LRB104 10416 BDA 20491 b
1 Act is amended by repealing Section 8.
2 Section 5-70. The Department of Public Health Powers and
3 Duties Law of the Civil Administrative Code of Illinois is
4 amended by changing Sections 2310-376 and 2310-577 as follows:
5 (20 ILCS 2310/2310-376)
6 Sec. 2310-376. Hepatitis education and outreach.
7 (a) The Illinois General Assembly finds and declares the
8 following:
9 (1) The World Health Organization characterizes
10 hepatitis as a disease of primary concern to humanity.
11 (2) Hepatitis is considered a silent killer; no
12 recognizable signs or symptoms occur until severe liver
13 damage has occurred.
14 (3) Studies indicate that nearly 4 million Americans
15 (1.8 percent of the population) carry the virus HCV that
16 causes the disease.
17 (4) 30,000 acute new infections occur each year in the
18 United States, and only 25 to 30 percent are diagnosed.
19 (5) 8,000 to 10,000 Americans die from the disease
20 each year.
21 (6) 200,000 Illinois residents may be carriers and
22 could develop the debilitating and potentially deadly
23 liver disease.
24 (7) Inmates of correctional facilities have a higher
HB1863 Enrolled - 28 - LRB104 10416 BDA 20491 b
1 incidence of hepatitis and, upon their release, present a
2 significant health risk to the general population.
3 (8) Illinois members of the armed services are subject
4 to an increased risk of contracting hepatitis due to their
5 possible receipt of contaminated blood during a
6 transfusion occurring for the treatment of wounds and due
7 to their service in areas of the World where the disease is
8 more prevalent and healthcare is less capable of detecting
9 and treating the disease. Many of these service members
10 are unaware of the danger of hepatitis and their increased
11 risk of contracting the disease.
12 (b) Subject to appropriation, the Department shall conduct
13 an education and outreach campaign, in addition to its overall
14 effort to prevent infectious disease in Illinois, in order to
15 raise awareness about and promote prevention of hepatitis.
16 (c) Subject to appropriation, in addition to the education
17 and outreach campaign provided in subsection (b), the
18 Department shall develop and make available to physicians,
19 other health care providers, members of the armed services,
20 and other persons subject to an increased risk of contracting
21 hepatitis, educational materials, in written and electronic
22 forms, on the diagnosis, treatment, and prevention of the
23 disease. These materials shall include the recommendations of
24 the federal Centers for Disease Control and Prevention and any
25 other persons or entities determined by the Department to have
26 particular expertise on hepatitis, including the American
HB1863 Enrolled - 29 - LRB104 10416 BDA 20491 b
1 Liver Foundation. These materials shall be written in terms
2 that are understandable by members of the general public.
3 (d) (Blank). The Department shall establish an Advisory
4 Council on Hepatitis to develop a hepatitis prevention plan.
5 The Department shall specify the membership, members' terms,
6 provisions for removal of members, chairmen, and purpose of
7 the Advisory Council. The Advisory Council shall consist of
8 one representative from each of the following State agencies
9 or offices, appointed by the head of each agency or office:
10 (1) The Department of Public Health.
11 (2) The Department of Public Aid.
12 (3) The Department of Corrections.
13 (4) The Department of Veterans' Affairs.
14 (5) The Department on Aging.
15 (6) The Department of Human Services.
16 (7) The Illinois State Police.
17 (8) The office of the State Fire Marshal.
18 The Director shall appoint representatives of
19 organizations and advocates in the State of Illinois,
20 including, but not limited to, the American Liver Foundation.
21 The Director shall also appoint interested members of the
22 public, including consumers and providers of health services
23 and representatives of local public health agencies, to
24 provide recommendations and information to the members of the
25 Advisory Council. Members of the Advisory Council shall serve
26 on a voluntary, unpaid basis and are not entitled to
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1 reimbursement for mileage or other costs they incur in
2 connection with performing their duties.
3 (Source: P.A. 102-538, eff. 8-20-21.)
4 (20 ILCS 2310/2310-577)
5 Sec. 2310-577. Cord blood stem cell banks.
6 (a) Subject to appropriation, the Department shall
7 establish a network of human cord blood stem cell banks. The
8 Director shall enter into contracts with qualified cord blood
9 stem cell banks to assist in the establishment, provision, and
10 maintenance of the network.
11 (b) A cord blood stem cell bank is eligible to enter the
12 network and be a donor bank if it satisfies each of the
13 following:
14 (1) Has obtained all applicable federal and State
15 licenses, accreditations, certifications, registrations,
16 and other authorizations required to operate and maintain
17 a cord blood stem cell bank.
18 (2) Has implemented donor screening and cord blood
19 collection practices adequate to protect both donors and
20 transplant recipients and to prevent transmission of
21 potentially harmful infections and other diseases.
22 (3) Has established a system of strict confidentiality
23 to protect the identity and privacy of patients and donors
24 in accordance with existing federal and State law and
25 consistent with regulations promulgated under the Health
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1 Insurance Portability and Accountability Act of 1996,
2 Public Law 104-191, for the release of the identity of
3 donors, the identity of recipients, or identifiable
4 records.
5 (4) Has established a system for encouraging donation
6 by an ethnically and racially diverse group of donors.
7 (5) Has developed adequate systems for communication
8 with other cord blood stem cell banks, transplant centers,
9 and physicians with respect to the request, release, and
10 distribution of cord blood units nationally and has
11 developed those systems, consistent with the regulations
12 promulgated under the Health Insurance Portability and
13 Accountability Act of 1996, Public Law 104-191, to track
14 recipients' clinical outcomes for distributed units.
15 (6) Has developed an objective system for educating
16 the public, including patient advocacy organizations,
17 about the benefits of donating and utilizing cord blood
18 stem cells in appropriate circumstances.
19 (7) Has policies and procedures in place for the
20 procurement of materials for the conduct of stem cell
21 research, including policies and procedures ensuring that
22 persons are empowered to make voluntary and informed
23 decisions to participate or to refuse to participate in
24 the research, and ensuring confidentiality of the
25 decision.
26 (8) Has policies and procedures in place to ensure the
HB1863 Enrolled - 32 - LRB104 10416 BDA 20491 b
1 bank is following current best practices with respect to
2 medical ethics, including informed consent of patients and
3 the protection of human subjects.
4 (c) A donor bank that enters into the network shall do all
5 of the following:
6 (1) Acquire, tissue-type, test, cryopreserve, and
7 store donated units of human cord blood acquired with the
8 informed consent of the donor, in a manner that complies
9 with applicable federal regulations.
10 (2) Make cord blood units collected under this
11 Section, or otherwise, available to transplant centers for
12 stem cell transplantation.
13 (3) Allocate up to 10% of the cord blood inventory
14 each year for peer-reviewed research. This quota may be
15 met by using cord blood units that did not meet the cell
16 count standards necessary for transplantation.
17 (4) Make agreements with obstetrical health care
18 facilities, consistent with federal regulations, for the
19 collection of donated units of human cord blood.
20 (d) (Blank). An advisory committee shall advise the
21 Department concerning the administration of the cord blood
22 stem cell bank network. The committee shall be appointed by
23 the Director and consist of members who represent each of the
24 following:
25 (1) Cord blood stem cell transplant centers.
26 (2) Physicians from participating birthing hospitals.
HB1863 Enrolled - 33 - LRB104 10416 BDA 20491 b
1 (3) The cord blood stem cell research community.
2 (4) Recipients of cord blood stem cell transplants.
3 (5) Family members who have made a donation to a
4 statewide cord blood stem cell bank.
5 (6) Individuals with expertise in the social sciences.
6 (7) Members of the general public.
7 (8) Each network donor bank.
8 (9) Hospital administration from birthing hospitals.
9 Except as otherwise provided under this subsection, each
10 member of the committee shall serve for a 3-year term and may
11 be reappointed for one or more additional terms. Appointments
12 for the initial members shall be for terms of 1, 2, and 3
13 years, respectively, so as to provide for the subsequent
14 appointment of an equal number of members each year. The
15 committee shall elect a chairperson.
16 (e) A person has a conflict of interest if any action,
17 advice, or recommendation with respect to a matter may
18 directly or indirectly financially benefit any of the
19 following:
20 (1) That person.
21 (2) That person's spouse, immediate family living with
22 that person, or that person's extended family.
23 (3) Any individual or entity required to be disclosed
24 by that person.
25 (4) Any other individual or entity with which that
26 person has a business or professional relationship.
HB1863 Enrolled - 34 - LRB104 10416 BDA 20491 b
1 An advisory committee member who has a conflict of
2 interest with respect to a matter may not discuss that matter
3 with other committee members and shall not vote upon or
4 otherwise participate in any committee action, advice, or
5 recommendation with respect to that matter. Each recusal
6 occurring during a committee meeting shall be made a part of
7 the minutes or recording of the meeting in accordance with the
8 Open Meetings Act.
9 The Department shall not allow any Department employee to
10 participate in the processing of, or to provide any advice or
11 recommendation concerning, any matter with which the
12 Department employee has a conflict of interest.
13 (f) Each advisory committee member shall file with the
14 Secretary of State a written disclosure of the following with
15 respect to the member, the member's spouse, and any immediate
16 family living with the member:
17 (1) Each source of income.
18 (2) Each entity in which the member, spouse, or
19 immediate family living with the member has an ownership
20 or distributive income share that is not an income source
21 required to be disclosed under item (1) of this subsection
22 (f).
23 (3) Each entity in or for which the member, spouse, or
24 immediate family living with the member serves as an
25 executive, officer, director, trustee, or fiduciary.
26 (4) Each entity with which the member, member's
HB1863 Enrolled - 35 - LRB104 10416 BDA 20491 b
1 spouse, or immediate family living with the member has a
2 contract for future income.
3 Each advisory committee member shall file the disclosure
4 required by this subsection (f) at the time the member is
5 appointed and at the time of any reappointment of that member.
6 Each advisory committee member shall file an updated
7 disclosure with the Secretary of State promptly after any
8 change in the items required to be disclosed under this
9 subsection with respect to the member, the member's spouse, or
10 any immediate family living with the member.
11 The requirements of Section 3A-30 of the Illinois
12 Governmental Ethics Act and any other disclosures required by
13 law apply to this Act.
14 Filed disclosures shall be public records.
15 (g) The Department shall do each of the following:
16 (1) Ensure that the donor banks within the network
17 meet the requirements of subsection (b) on a continuing
18 basis.
19 (2) Encourage network donor banks to work
20 collaboratively with other network donor banks and
21 encourage network donor banks to focus their resources in
22 their respective local or regional area.
23 (3) Designate one or more established national or
24 international cord blood registries to serve as a
25 statewide cord blood stem cell registry.
26 (4) Coordinate the donor banks in the network.
HB1863 Enrolled - 36 - LRB104 10416 BDA 20491 b
1 In performing these duties, the Department may seek the
2 advice of the advisory committee.
3 (h) Definitions. As used in this Section:
4 (1) "Cord blood unit" means the blood collected from a
5 single placenta and umbilical cord.
6 (2) "Donor" means a mother who has delivered a baby
7 and consents to donate the newborn's blood remaining in
8 the placenta and umbilical cord.
9 (3) "Donor bank" means a qualified cord blood stem
10 cell bank that enters into a contract with the Director
11 under this Section.
12 (4) "Human cord blood stem cells" means hematopoietic
13 stem cells and any other stem cells contained in the
14 neonatal blood collected immediately after the birth from
15 the separated placenta and umbilical cord.
16 (5) "Network" means the network of qualified cord
17 blood stem cell banks established under this Section.
18 (Source: P.A. 95-406, eff. 8-24-07.)
19 (20 ILCS 2310/2310-76 rep.)
20 (20 ILCS 2310/2310-77 rep.)
21 (20 ILCS 2310/2310-349 rep.)
22 (20 ILCS 2310/2310-560 rep.)
23 (20 ILCS 2310/2310-643 rep.)
24 Section 5-75. The Department of Public Health Powers and
25 Duties Law of the Civil Administrative Code of Illinois is
HB1863 Enrolled - 37 - LRB104 10416 BDA 20491 b
1 amended by repealing Sections 2310-76, 2310-77, 2310-349,
2 2310-560, and 2310-643.
3 Section 5-80. The Comprehensive Healthcare Workforce
4 Planning Act is amended by changing Sections 5, 10, and 20 as
5 follows:
6 (20 ILCS 2325/5)
7 Sec. 5. Definition Definitions. As used in this Act, :
8 "Council" means the State Healthcare Workforce Council created
9 by this Act. "Department" means the Department of Public
10 Health.
11 (Source: P.A. 97-424, eff. 7-1-12.)
12 (20 ILCS 2325/10)
13 Sec. 10. Purpose. Implementation of this Act is entirely
14 subject to the availability and appropriation of funds from
15 federal grant money applied for by the Department of Public
16 Health. The State Healthcare Workforce Council is hereby
17 established to provide an ongoing assessment of healthcare
18 workforce trends, training issues, and financing policies, and
19 to recommend appropriate State government and private sector
20 efforts to address identified needs. The work of the Council
21 shall focus on: healthcare workforce supply and distribution;
22 cultural competence and minority participation in health
23 professions education; primary care training and practice; and
HB1863 Enrolled - 38 - LRB104 10416 BDA 20491 b
1 data evaluation and analysis. The Council shall work in
2 coordination with the State Health Improvement Plan
3 Implementation Coordination Council to ensure alignment with
4 the State Health Improvement Plan.
5 (Source: P.A. 97-424, eff. 7-1-12.)
6 (20 ILCS 2325/20)
7 Sec. 20. Five-year comprehensive healthcare workforce
8 plan.
9 (a) Every 5 years, the Department, in cooperation with the
10 Council, shall prepare a comprehensive healthcare workforce
11 plan.
12 (b) The comprehensive healthcare workforce plan shall
13 include, but need not be limited to, the following:
14 (1) 25-year projections of the demand and supply of
15 health professionals to meet the needs of healthcare
16 within the State.
17 (2) The identification of all funding sources for
18 which the State has administrative control that are
19 available for health professions training.
20 (3) Recommendations on how to rationalize and
21 coordinate the State-supported programs for health
22 professions training.
23 (4) Recommendations on actions needed to meet the
24 projected demand for health professionals over the 25
25 years of the plan.
HB1863 Enrolled - 39 - LRB104 10416 BDA 20491 b
1 (c) Each year in which a comprehensive healthcare
2 workforce plan is not due, the Department, on behalf of the
3 Council, shall prepare a report by July 1 of that year to the
4 Governor and the General Assembly on the progress made toward
5 achieving the projected goals of the current comprehensive
6 healthcare workforce plan during the previous calendar year.
7 (d) The Department shall provide staffing to the Council.
8 (Source: P.A. 97-424, eff. 7-1-12.)
9 (20 ILCS 2325/15 rep.)
10 (20 ILCS 2325/25 rep.)
11 Section 5-85. The Comprehensive Healthcare Workforce
12 Planning Act is amended by repealing Sections 15 and 25.
13 (20 ILCS 2407/Art. 2 rep.)
14 Section 5-90. The Disabilities Services Act of 2003 is
15 amended by repealing Article 2.
16 Section 5-95. The Disabilities Services Act of 2003 is
17 amended by changing Section 53 as follows:
18 (20 ILCS 2407/53)
19 Sec. 53. Rebalancing benchmarks.
20 (a) Illinois' long-term care system is in a state of
21 transformation, as evidenced by the creation and subsequent
22 work products of the Disability Services Advisory Committee,
HB1863 Enrolled - 40 - LRB104 10416 BDA 20491 b
1 Older Adult Services Advisory Committee, Housing Task Force
2 and other executive and legislative branch initiatives.
3 (b) Illinois' Money Follows the Person demonstrations or
4 initiatives capitalize on this progress and commit the State
5 to transition older persons and persons with developmental,
6 physical, or psychiatric disabilities from institutional to
7 home and community-based settings, as appropriate.
8 (c) (Blank).
9 (d) The Departments will utilize interagency agreements
10 and will seek legislative authority to implement a Money
11 Follows the Person budgetary mechanism to allocate or
12 reallocate funds for the purpose of expanding the
13 availability, quality or stability of home and community-based
14 long-term care services and supports for persons with
15 disabilities.
16 (e) The allocation of public funds for home and
17 community-based long-term care services shall not have the
18 effect of: (i) diminishing or reducing the quality of services
19 available to residents of long-term care facilities; (ii)
20 forcing any residents of long-term care facilities to
21 involuntarily accept home and community-based long-term care
22 services, or causing any residents of long-term care
23 facilities to be involuntarily transferred or discharged;
24 (iii) causing reductions in long-term care facility
25 reimbursement rates in effect as of July 1, 2008; or (iv)
26 diminishing access to a full array of long-term care options.
HB1863 Enrolled - 41 - LRB104 10416 BDA 20491 b
1 (Source: P.A. 103-8, eff. 6-7-23.)
2 (20 ILCS 2505/2505-550 rep.)
3 Section 5-100. The Department of Revenue Law of the Civil
4 Administrative Code of Illinois is amended by repealing
5 Section 2505-550.
6 (20 ILCS 3948/Act rep.)
7 Section 5-120. The Illinois Global Partnership Act is
8 repealed.
9 (20 ILCS 3950/Act rep.)
10 Section 5-125. The Governor's Council on Health and
11 Physical Fitness Act is repealed.
12 (20 ILCS 3954/Act rep.)
13 Section 5-130. The Green Governments Illinois Act is
14 repealed.
15 (20 ILCS 3968/Act rep.)
16 Section 5-132. The Interagency Coordinating Committee on
17 Transportation Act is repealed.
18 (20 ILCS 4024/Act rep.)
19 Section 5-135. The Interstate Sex Offender Task Force Act
20 is repealed.
HB1863 Enrolled - 42 - LRB104 10416 BDA 20491 b
1 (30 ILCS 105/5.491 rep.)
2 Section 5-140. The State Finance Act is amended by
3 repealing Section 5.491.
4 (30 ILCS 772/20 rep.)
5 Section 5-145. The Equity in Long-term Care Quality Act is
6 amended by repealing Section 20.
7 Section 5-155. The Eliminate the Digital Divide Law is
8 amended by changing Section 5-30 as follows:
9 (30 ILCS 780/5-30)
10 Sec. 5-30. Community Technology Center Grant Program.
11 (a) Subject to appropriation, the Department shall
12 administer the Community Technology Center Grant Program under
13 which the Department shall make grants in accordance with this
14 Article for planning, establishment, administration, and
15 expansion of Community Technology Centers and for assisting
16 public hospitals, libraries, and park districts in eliminating
17 the digital divide. The purposes of the grants shall include,
18 but not be limited to, volunteer recruitment and management,
19 training and instruction, infrastructure, and related goods
20 and services, including case management, administration,
21 personal information management, and outcome-tracking tools
22 and software for the purposes of reporting to the Department
HB1863 Enrolled - 43 - LRB104 10416 BDA 20491 b
1 and for enabling participation in digital government and
2 consumer services programs, for Community Technology Centers
3 and public hospitals, libraries, and park districts. No
4 Community Technology Center may receive a grant of more than
5 $75,000 under this Section in a particular fiscal year.
6 (b) Public hospitals, libraries, park districts, and State
7 educational agencies, local educational agencies, institutions
8 of higher education, senior citizen homes, and other public
9 and private nonprofit or for-profit agencies and organizations
10 are eligible to receive grants under this Program, provided
11 that a local educational agency or public or private
12 educational agency or organization must, in order to be
13 eligible to receive grants under this Program, provide
14 computer access and educational services using information
15 technology to the public at one or more of its educational
16 buildings or facilities at least 12 hours each week. A group of
17 eligible entities is also eligible to receive a grant if the
18 group follows the procedures for group applications in 34 CFR
19 75.127-129 of the Education Department General Administrative
20 Regulations.
21 To be eligible to apply for a grant, a Community
22 Technology Center must serve a community in which not less
23 than 40% of the students are eligible for a free or reduced
24 price lunch under the national school lunch program or in
25 which not less than 30% of the students are eligible for a free
26 lunch under the national school lunch program; however, if
HB1863 Enrolled - 44 - LRB104 10416 BDA 20491 b
1 funding is insufficient to approve all grant applications for
2 a particular fiscal year, the Department may impose a higher
3 minimum percentage threshold for that fiscal year.
4 Determinations of communities and determinations of the
5 percentage of students in a community who are eligible for a
6 free or reduced price lunch under the national school lunch
7 program shall be in accordance with rules adopted by the
8 Department.
9 Any entities that have received a Community Technology
10 Center grant under the federal Community Technology Centers
11 Program are also eligible to apply for grants under this
12 Program.
13 The Department shall provide assistance to Community
14 Technology Centers in making those determinations for purposes
15 of applying for grants.
16 The Department shall encourage Community Technology
17 Centers to participate in public and private computer hardware
18 equipment recycling initiatives that provide computers at
19 reduced or no cost to low-income families, including programs
20 authorized by the State Property Control Act. On an annual
21 basis, the Department must provide the Director of Central
22 Management Services with a list of Community Technology
23 Centers that have applied to the Department for funding as
24 potential recipients of surplus State-owned computer hardware
25 equipment under programs authorized by the State Property
26 Control Act.
HB1863 Enrolled - 45 - LRB104 10416 BDA 20491 b
1 (c) Grant applications shall be submitted to the
2 Department on a schedule of one or more deadlines established
3 by the Department by rule.
4 (d) The Department shall adopt rules setting forth the
5 required form and contents of grant applications.
6 (e) (Blank).
7 (f) (Blank).
8 (g) (Blank). Duties of the Digital Divide Elimination
9 Working Group include all of the following:
10 (1) Undertaking a thorough review of grant programs
11 available through the federal government, local agencies,
12 telecommunications providers, and business and charitable
13 entities for the purpose of identifying appropriate
14 sources of revenues for the Digital Divide Elimination
15 Fund and attempting to update available grants on a
16 regular basis.
17 (2) Researching and cataloging programs designed to
18 advance digital literacy and computer access that are
19 available through the federal government, local agencies,
20 telecommunications providers, and business and charitable
21 entities and attempting to update available programs on a
22 regular basis.
23 (3) Presenting the information compiled from items (1)
24 and (2) to the Department of Commerce and Economic
25 Opportunity, which shall serve as a single point of
26 contact for applying for funding for the Digital Divide
HB1863 Enrolled - 46 - LRB104 10416 BDA 20491 b
1 Elimination Fund and for distributing information to the
2 public regarding all programs designed to advance digital
3 literacy and computer access.
4 (Source: P.A. 102-1071, eff. 6-10-22.)
5 Section 5-165. The Interstate Rail Passenger Network
6 Compact Act is amended by changing Section 15 as follows:
7 (45 ILCS 77/15) (from Ch. 114, par. 915)
8 Sec. 15. Impact study.
9 (a) The states of Illinois, Indiana, Kentucky, Tennessee,
10 Georgia, and Florida, referred to in this Act as
11 "participating states" agree, upon adoption of this compact by
12 the respective states, to jointly conduct and participate in a
13 rail passenger network financial and economic impact study.
14 The study must do the following:
15 (1) Continue research previously performed by the
16 national railroad passenger corporation (Amtrak) and the
17 Evansville Amtrak task force that evaluated the "western
18 route" which includes Chicago, Evansville, Nashville,
19 Chattanooga, Macon, Waycross, and Jacksonville for
20 purposes of evaluating a representative service schedule,
21 train running times, and associated costs.
22 (2) Include consideration of the following:
23 (A) The purchase of railroad equipment by a
24 participating state and the lease of the railroad
HB1863 Enrolled - 47 - LRB104 10416 BDA 20491 b
1 equipment to Amtrak.
2 (B) (Blank.) The recommendation that a member of
3 the council serve on the Amtrak board of directors.
4 (C) The periodic review of projected passenger
5 traffic estimates on the western route.
6 (D) Any other matter related to the financial and
7 economic impact of a rail passenger network along the
8 western route.
9 (b) Information and data collected during the study under
10 subsection (a) that is requested by a participating state or a
11 consulting firm representing a participating state or the
12 compact may be made available to the state or firm. However,
13 the information may not include matters not of public record
14 or of a nature considered to be privileged and confidential
15 unless the state providing the information agrees to waive the
16 confidentiality.
17 (Source: P.A. 87-888.)
18 (45 ILCS 77/25 rep.)
19 (45 ILCS 77/30 rep.)
20 Section 5-170. The Interstate Rail Passenger Network
21 Compact Act is amended by repealing Sections 25 and 30.
22 (45 ILCS 135/Act rep.)
23 Section 5-175. The Wabash Valley Compact Act is repealed.
HB1863 Enrolled - 48 - LRB104 10416 BDA 20491 b
1 (45 ILCS 175/Act rep.)
2 Section 5-180. The Military Family Interstate Compact
3 Implementation Statute Drafting Advisory Committee Act is
4 repealed.
5 (70 ILCS 1835/Act rep.)
6 Section 5-190. The Mt. Carmel Regional Port District Act
7 is repealed.
8 (70 ILCS 1870/Act rep.)
9 Section 5-195. The White County Port District Act is
10 repealed.
11 (70 ILCS 1915/Act rep.)
12 Section 5-200. The Grand Avenue Railroad Relocation
13 Authority Act is repealed.
14 (70 ILCS 1930/Act rep.)
15 Section 5-205. The Southwest Suburban Railroad
16 Redevelopment Authority Act is repealed.
17 (70 ILCS 1935/50 rep.)
18 Section 5-210. The Elmwood Park Grade Separation Authority
19 Act is amended by repealing Section 50.
20 (110 ILCS 805/2-26 rep.)
HB1863 Enrolled - 49 - LRB104 10416 BDA 20491 b
1 Section 5-216. The Public Community College Act is amended
2 by repealing Section 2-26.
3 (110 ILCS 935/5 rep.)
4 Section 5-217. The Underserved Health Care Provider
5 Workforce Act is amended by repealing Section 5.
6 (210 ILCS 25/Art. V rep.)
7 Section 5-235. The Illinois Clinical Laboratory and Blood
8 Bank Act is amended by repealing Article V.
9 Section 5-240. The Hospital Report Card Act is amended by
10 changing Section 25 as follows:
11 (210 ILCS 86/25)
12 Sec. 25. Hospital reports.
13 (a) Individual hospitals shall prepare a quarterly report
14 including all of the following:
15 (1) Nursing hours per patient day, average daily
16 census, and average daily hours worked for each clinical
17 service area.
18 (2) Infection-related measures for the facility for
19 the specific clinical procedures and devices determined by
20 the Department by rule under 2 or more of the following
21 categories:
22 (A) Surgical procedure outcome measures.
HB1863 Enrolled - 50 - LRB104 10416 BDA 20491 b
1 (B) Surgical procedure infection control process
2 measures.
3 (C) Outcome or process measures related to
4 ventilator-associated pneumonia.
5 (D) Central vascular catheter-related bloodstream
6 infection rates in designated critical care units.
7 (3) Information required under paragraph (4) of
8 Section 2310-312 of the Department of Public Health Powers
9 and Duties Law of the Civil Administrative Code of
10 Illinois.
11 (4) Additional infection measures mandated by the
12 Centers for Medicare and Medicaid Services that are
13 reported by hospitals to the Centers for Disease Control
14 and Prevention's National Healthcare Safety Network
15 surveillance system, or its successor, and deemed relevant
16 to patient safety by the Department.
17 (5) Each instance of preterm birth and infant
18 mortality within the reporting period, including the
19 racial and ethnic information of the mothers of those
20 infants.
21 (6) Each instance of maternal mortality within the
22 reporting period, including the racial and ethnic
23 information of those mothers.
24 (7) The number of female patients who have died within
25 the reporting period.
26 (8) The number of female patients admitted to the
HB1863 Enrolled - 51 - LRB104 10416 BDA 20491 b
1 hospital with a diagnosis of COVID-19 and at least one
2 known underlying condition identified by the United States
3 Centers for Disease Control and Prevention as a condition
4 that increases the risk of mortality from COVID-19 who
5 subsequently died at the hospital within the reporting
6 period.
7 The infection-related measures developed by the Department
8 shall be based upon measures and methods developed by the
9 Centers for Disease Control and Prevention, the Centers for
10 Medicare and Medicaid Services, the Agency for Healthcare
11 Research and Quality, the Joint Commission on Accreditation of
12 Healthcare Organizations, or the National Quality Forum. The
13 Department may align the infection-related measures with the
14 measures and methods developed by the Centers for Disease
15 Control and Prevention, the Centers for Medicare and Medicaid
16 Services, the Agency for Healthcare Research and Quality, the
17 Joint Commission on Accreditation of Healthcare Organizations,
18 and the National Quality Forum by adding reporting measures
19 based on national health care strategies and measures deemed
20 scientifically reliable and valid for public reporting. The
21 Department shall receive approval from the State Board of
22 Health to retire measures deemed no longer scientifically
23 valid or valuable for informing quality improvement or
24 infection prevention efforts. The Department shall notify the
25 Chairs and Minority Spokespersons of the House Human Services
26 Committee and the Senate Public Health Committee of its intent
HB1863 Enrolled - 52 - LRB104 10416 BDA 20491 b
1 to have the State Board of Health take action to retire
2 measures no later than 7 business days before the meeting of
3 the State Board of Health.
4 The Department shall include interpretive guidelines for
5 infection-related indicators and, when available, shall
6 include relevant benchmark information published by national
7 organizations.
8 The Department shall collect the information reported
9 under paragraphs (5) and (6) and shall use it to illustrate the
10 disparity of those occurrences across different racial and
11 ethnic groups.
12 (b) Individual hospitals shall prepare annual reports
13 including vacancy and turnover rates for licensed nurses per
14 clinical service area.
15 (c) None of the information the Department discloses to
16 the public may be made available in any form or fashion unless
17 the information has been reviewed, adjusted, and validated
18 according to the following process:
19 (1) (Blank). The Department shall organize an advisory
20 committee, including representatives from the Department,
21 public and private hospitals, direct care nursing staff,
22 physicians, academic researchers, consumers, health
23 insurance companies, organized labor, and organizations
24 representing hospitals and physicians. The advisory
25 committee must be meaningfully involved in the development
26 of all aspects of the Department's methodology for
HB1863 Enrolled - 53 - LRB104 10416 BDA 20491 b
1 collecting, analyzing, and disclosing the information
2 collected under this Act, including collection methods,
3 formatting, and methods and means for release and
4 dissemination.
5 (2) The entire methodology for collecting and
6 analyzing the data shall be disclosed to all relevant
7 organizations and to all hospitals that are the subject of
8 any information to be made available to the public before
9 any public disclosure of such information.
10 (3) Data collection and analytical methodologies shall
11 be used that meet accepted standards of validity and
12 reliability before any information is made available to
13 the public.
14 (4) The limitations of the data sources and analytic
15 methodologies used to develop comparative hospital
16 information shall be clearly identified and acknowledged,
17 including, but not limited to, the appropriate and
18 inappropriate uses of the data.
19 (5) To the greatest extent possible, comparative
20 hospital information initiatives shall use standard-based
21 norms derived from widely accepted provider-developed
22 practice guidelines.
23 (6) Comparative hospital information and other
24 information that the Department has compiled regarding
25 hospitals shall be shared with the hospitals under review
26 prior to public dissemination of such information and
HB1863 Enrolled - 54 - LRB104 10416 BDA 20491 b
1 these hospitals have 30 days to make corrections and to
2 add helpful explanatory comments about the information
3 before the publication.
4 (7) Comparisons among hospitals shall adjust for
5 patient case mix and other relevant risk factors and
6 control for provider peer groups, when appropriate.
7 (8) Effective safeguards to protect against the
8 unauthorized use or disclosure of hospital information
9 shall be developed and implemented.
10 (9) Effective safeguards to protect against the
11 dissemination of inconsistent, incomplete, invalid,
12 inaccurate, or subjective hospital data shall be developed
13 and implemented.
14 (10) The quality and accuracy of hospital information
15 reported under this Act and its data collection, analysis,
16 and dissemination methodologies shall be evaluated
17 regularly.
18 (11) Only the most basic identifying information from
19 mandatory reports shall be used, and information
20 identifying a patient, employee, or licensed professional
21 shall not be released. None of the information the
22 Department discloses to the public under this Act may be
23 used to establish a standard of care in a private civil
24 action.
25 (d) Quarterly reports shall be submitted, in a format set
26 forth in rules adopted by the Department, to the Department by
HB1863 Enrolled - 55 - LRB104 10416 BDA 20491 b
1 April 30, July 31, October 31, and January 31 each year for the
2 previous quarter. Data in quarterly reports must cover a
3 period ending not earlier than one month prior to submission
4 of the report. Annual reports shall be submitted by December
5 31 in a format set forth in rules adopted by the Department to
6 the Department. All reports shall be made available to the
7 public on-site and through the Department.
8 (e) If the hospital is a division or subsidiary of another
9 entity that owns or operates other hospitals or related
10 organizations, the annual public disclosure report shall be
11 for the specific division or subsidiary and not for the other
12 entity.
13 (f) The Department shall disclose information under this
14 Section in accordance with provisions for inspection and
15 copying of public records required by the Freedom of
16 Information Act provided that such information satisfies the
17 provisions of subsection (c) of this Section.
18 (g) Notwithstanding any other provision of law, under no
19 circumstances shall the Department disclose information
20 obtained from a hospital that is confidential under Part 21 of
21 Article VIII of the Code of Civil Procedure.
22 (h) No hospital report or Department disclosure may
23 contain information identifying a patient, employee, or
24 licensed professional.
25 (Source: P.A. 101-446, eff. 8-23-19; 102-256, eff. 1-1-22.)
HB1863 Enrolled - 56 - LRB104 10416 BDA 20491 b
1 (210 ILCS 110/13A rep.)
2 Section 5-245. The Illinois Migrant Labor Camp Law is
3 amended by repealing Section 13A.
4 (225 ILCS 109/20 rep.)
5 Section 5-300. The Sex Offender Evaluation and Treatment
6 Provider Act is amended by repealing Section 20.
7 (225 ILCS 225/10.5 rep.)
8 Section 5-310. The Private Sewage Disposal Licensing Act
9 is amended by repealing Section 10.5.
10 Section 5-330. The Illinois Horse Racing Act of 1975 is
11 amended by changing Section 28 as follows:
12 (230 ILCS 5/28) (from Ch. 8, par. 37-28)
13 Sec. 28. Except as provided in subsection (g) of Section
14 27 of this Act, moneys collected shall be distributed
15 according to the provisions of this Section 28.
16 (a) Thirty per cent of the total of all monies received by
17 the State as privilege taxes shall be paid into the
18 Metropolitan Exposition, Auditorium and Office Building Fund
19 in the State treasury until such Fund is repealed, and
20 thereafter shall be paid into the General Revenue Fund in the
21 State treasury.
22 (b) In addition, 4.5% of the total of all monies received
HB1863 Enrolled - 57 - LRB104 10416 BDA 20491 b
1 by the State as privilege taxes shall be paid into the State
2 treasury into the Metropolitan Exposition, Auditorium and
3 Office Building Fund until such Fund is repealed, and
4 thereafter shall be paid into the General Revenue Fund in the
5 State treasury.
6 (c) Fifty per cent of the total of all monies received by
7 the State as privilege taxes under the provisions of this Act
8 shall be paid into the Agricultural Premium Fund.
9 (d) Seven per cent of the total of all monies received by
10 the State as privilege taxes shall be paid into the Fair and
11 Exposition Fund in the State treasury; provided, however, that
12 when all bonds issued prior to July 1, 1984 by the Metropolitan
13 Fair and Exposition Authority shall have been paid or payment
14 shall have been provided for upon a refunding of those bonds,
15 thereafter 1/12 of $1,665,662 of such monies shall be paid
16 each month into the Build Illinois Fund, and the remainder
17 into the Fair and Exposition Fund. All excess monies shall be
18 allocated to the Department of Agriculture for distribution to
19 county fairs for premiums and rehabilitation as set forth in
20 the Agricultural Fair Act.
21 (e) The monies provided for in Section 30 shall be paid
22 into the Illinois Thoroughbred Breeders Fund.
23 (f) The monies provided for in Section 31 shall be paid
24 into the Illinois Standardbred Breeders Fund.
25 (g) Until January 1, 2000, that part representing 1/2 of
26 the total breakage in Thoroughbred, Harness, Appaloosa,
HB1863 Enrolled - 58 - LRB104 10416 BDA 20491 b
1 Arabian, and Quarter Horse racing in the State shall be paid
2 into the Illinois Race Track Improvement Fund as established
3 in Section 32.
4 (h) All other monies received by the Board under this Act
5 shall be paid into the Horse Racing Fund.
6 (i) The salaries of the Board members, secretary,
7 stewards, directors of mutuels, veterinarians,
8 representatives, accountants, clerks, stenographers,
9 inspectors and other employees of the Board, and all expenses
10 of the Board incident to the administration of this Act,
11 including, but not limited to, all expenses and salaries
12 incident to the taking of saliva and urine samples in
13 accordance with the rules and regulations of the Board shall
14 be paid out of the Agricultural Premium Fund.
15 (j) The Agricultural Premium Fund shall also be used:
16 (1) for the expenses of operating the Illinois State
17 Fair and the DuQuoin State Fair, including the payment of
18 prize money or premiums;
19 (2) for the distribution to county fairs, vocational
20 agriculture section fairs, agricultural societies, and
21 agricultural extension clubs in accordance with the
22 Agricultural Fair Act, as amended;
23 (3) for payment of prize monies and premiums awarded
24 and for expenses incurred in connection with the
25 International Livestock Exposition and the Mid-Continent
26 Livestock Exposition held in Illinois, which premiums, and
HB1863 Enrolled - 59 - LRB104 10416 BDA 20491 b
1 awards must be approved, and paid by the Illinois
2 Department of Agriculture;
3 (4) for personal service of county agricultural
4 advisors and county home advisors;
5 (5) for distribution to agricultural home economic
6 extension councils in accordance with "An Act in relation
7 to additional support and finance for the Agricultural and
8 Home Economic Extension Councils in the several counties
9 in this State and making an appropriation therefor",
10 approved July 24, 1967, as amended;
11 (6) for research on equine disease, including a
12 development center therefor;
13 (7) for training scholarships for study on equine
14 diseases to students at the University of Illinois College
15 of Veterinary Medicine;
16 (8) for the rehabilitation, repair and maintenance of
17 the Illinois and DuQuoin State Fair Grounds and the
18 structures and facilities thereon and the construction of
19 permanent improvements on such Fair Grounds, including
20 such structures, facilities and property located on such
21 State Fair Grounds which are under the custody and control
22 of the Department of Agriculture;
23 (9) (blank);
24 (10) for the expenses of the Department of Commerce
25 and Economic Opportunity under Sections 605-620, 605-625,
26 and 605-630 of the Department of Commerce and Economic
HB1863 Enrolled - 60 - LRB104 10416 BDA 20491 b
1 Opportunity Law;
2 (11) for remodeling, expanding, and reconstructing
3 facilities destroyed by fire of any Fair and Exposition
4 Authority in counties with a population of 1,000,000 or
5 more inhabitants;
6 (12) for the purpose of assisting in the care and
7 general rehabilitation of veterans with disabilities of
8 any war and their surviving spouses and orphans;
9 (13) for expenses of the Illinois State Police for
10 duties performed under this Act;
11 (14) for the Department of Agriculture for soil
12 surveys and soil and water conservation purposes;
13 (15) for the Department of Agriculture for grants to
14 the City of Chicago for conducting the Chicagofest;
15 (16) (Blank). for the State Comptroller for grants and
16 operating expenses authorized by the Illinois Global
17 Partnership Act.
18 (k) To the extent that monies paid by the Board to the
19 Agricultural Premium Fund are in the opinion of the Governor
20 in excess of the amount necessary for the purposes herein
21 stated, the Governor shall notify the Comptroller and the
22 State Treasurer of such fact, who, upon receipt of such
23 notification, shall transfer such excess monies from the
24 Agricultural Premium Fund to the General Revenue Fund.
25 (Source: P.A. 102-16, eff. 6-17-21; 102-538, eff. 8-20-21;
26 102-813, eff. 5-13-22.)
HB1863 Enrolled - 61 - LRB104 10416 BDA 20491 b
1 (230 ILCS 10/7.14 rep.)
2 Section 5-340. The Illinois Gambling Act is amended by
3 repealing Section 7.14.
4 Section 5-350. The Health Care Workplace Violence
5 Prevention Act is amended by changing Section 35 as follows:
6 (405 ILCS 90/35)
7 Sec. 35. Pilot project; task force. (a) The Department of
8 Human Services and the Department of Public Health shall
9 initially implement this Act as a 2-year pilot project in
10 which only the following health care workplaces shall
11 participate:
12 (1) The Chester Mental Health Center.
13 (2) The Alton Mental Health Center.
14 (3) The Douglas Singer Mental Health Center.
15 (4) The Andrew McFarland Mental Health Center.
16 (5) The Jacksonville Developmental Center.
17 Each health care workplace participating in the pilot
18 project shall comply with this Act as provided in this Act.
19 (b) The Governor shall convene a 11-member task force
20 consisting of the following: one member appointed by the
21 President of the Senate; one member appointed by the Minority
22 Leader of the Senate; one member appointed by the Speaker of
23 House of Representatives; one member appointed by the Minority
HB1863 Enrolled - 62 - LRB104 10416 BDA 20491 b
1 Leader of the House of Representatives; one representative
2 from a statewide association representing licensed registered
3 professional nurses; one licensed registered professional
4 nurse involved in direct patient care, appointed by the
5 Governor; one representative of an organization representing
6 State, county, and municipal employees, appointed by the
7 Governor; one representative of an organization representing
8 public employees, appointed by the Governor; and 3
9 representatives of the Department of Human Services, with one
10 representative from the Division of Mental Health, one
11 representative from the Division of Developmental
12 Disabilities, and one representative from the Division of
13 Rehabilitation Services of the Department of Human Services.
14 The task force shall submit a report to the Illinois General
15 Assembly by January 1, 2008 that shall (i) evaluate the
16 effectiveness of the health care workplace violence prevention
17 pilot project in the facilities participating in the pilot
18 project and (ii) make recommendations concerning the
19 implementation of workplace violence prevention programs in
20 all health care workplaces.
21 (c) The Department of Human Services shall provide all
22 necessary administrative support to the task force.
23 (Source: P.A. 94-347, eff. 7-28-05; 94-1012, eff. 7-7-06.)
24 Section 5-360. The Stem Cell Research and Human Cloning
25 Prohibition Act is amended by changing Sections 10, 25, and 30
HB1863 Enrolled - 63 - LRB104 10416 BDA 20491 b
1 as follows:
2 (410 ILCS 110/10)
3 Sec. 10. Definitions. As used in this Act:
4 "Department" means the Department of Public Health.
5 "Institute" means the Illinois Regenerative Medicine
6 Institute.
7 "Committee" means the Illinois Regenerative Medicine
8 Institute Oversight Committee.
9 (Source: P.A. 95-519, eff. 1-1-08.)
10 (410 ILCS 110/25)
11 Sec. 25. Conflict of interest.
12 (a) (Blank) A person has a conflict of interest if any
13 Committee action with respect to a matter may directly or
14 indirectly financially benefit any of the following:
15 (1) That person.
16 (2) That person's spouse, immediate family living with
17 that person, or that person's extended family.
18 (3) Any individual or entity required to be disclosed
19 by that person.
20 (4) Any other individual or entity with which that
21 person has a business or professional relationship.
22 (b) (Blank) A Committee member who has a conflict of
23 interest with respect to a matter may not discuss that matter
24 with other Committee members and shall not vote upon or
HB1863 Enrolled - 64 - LRB104 10416 BDA 20491 b
1 otherwise participate in any Committee action with respect to
2 that matter. Each recusal occurring during a Committee meeting
3 shall be made a part of the minutes or recording of the meeting
4 in accordance with the Open Meetings Act.
5 (c) A member of a scientific peer review panel or any other
6 advisory committee that may be established by the Department
7 who has a conflict of interest with respect to a matter may not
8 discuss that matter with other peer review panel or advisory
9 committee members or with Committee members and shall not vote
10 or otherwise participate in any peer review panel or advisory
11 committee action with respect to that matter. Each recusal of
12 a peer review panel or advisory committee member occurring
13 during a peer review panel or advisory committee meeting shall
14 be made a part of the minutes or recording of the meeting in
15 accordance with the Open Meetings Act.
16 (d) The Institute shall not allow any Institute employee
17 to participate in the processing of, or to provide any advice
18 concerning, any matter with which the Institute employee has a
19 conflict of interest.
20 (Source: P.A. 95-519, eff. 1-1-08.)
21 (410 ILCS 110/30)
22 Sec. 30. Disclosure of Committee, scientific peer review
23 panel, or advisory committee member income and interests.
24 (a) Each Committee, scientific peer review panel, and any
25 advisory committee member shall file with the Secretary of
HB1863 Enrolled - 65 - LRB104 10416 BDA 20491 b
1 State a written disclosure of the following with respect to
2 the member, the member's spouse, and any immediate family
3 living with the member:
4 (1) Each source of income.
5 (2) Each entity in which the member, spouse, or
6 immediate family living with the member has an ownership
7 or distributive income share that is not an income source
8 required to be disclosed under item (1) of this subsection
9 (a).
10 (3) Each entity in or for which the member, spouse, or
11 immediate family living with the member serves as an
12 executive, officer, director, trustee, or fiduciary.
13 (4) Each entity with which the member, member's
14 spouse, or immediate family living with the member has a
15 contract for future income.
16 (b) Each appointed Committee member and each member of a
17 scientific peer review panel and any advisory committee member
18 shall file the disclosure required by subsection (a) of this
19 Section at the time the member is appointed and at the time of
20 any reappointment of that member.
21 (c) Each Committee member and each member of a scientific
22 peer review panel and any advisory committee member shall file
23 an updated disclosure with the Secretary of State promptly
24 after any change in the items required to be disclosed under
25 this subsection with respect to the member, the member's
26 spouse, or any immediate family living with the member.
HB1863 Enrolled - 66 - LRB104 10416 BDA 20491 b
1 (d) The requirements of Section 3A-30 of the Illinois
2 Governmental Ethics Act and any other disclosures required by
3 law apply to this Act.
4 (e) Filed disclosures shall be public records.
5 (Source: P.A. 95-519, eff. 1-1-08.)
6 (410 ILCS 110/20 rep.)
7 (410 ILCS 110/35 rep.)
8 Section 5-365. The Stem Cell Research and Human Cloning
9 Prohibition Act is amended by repealing Sections 20 and 35.
10 (410 ILCS 205/7 rep.)
11 Section 5-367. The Child Vision and Hearing Test Act is
12 amended by repealing Section 7.
13 (410 ILCS 225/7 rep.)
14 Section 5-375. The Prenatal and Newborn Care Act is
15 amended by repealing Section 7.
16 (410 ILCS 413/15 rep.)
17 (410 ILCS 413/20 rep.)
18 Section 5-385. The Epilepsy Disease Assistance Act is
19 amended by repealing Sections 15 and 20.
20 Section 5-390. The Head and Spinal Cord Injury Act is
21 amended by changing Sections 1 and 3 as follows:
HB1863 Enrolled - 67 - LRB104 10416 BDA 20491 b
1 (410 ILCS 515/1) (from Ch. 111 1/2, par. 7851)
2 Sec. 1. As used in this Act, unless the context clearly
3 indicates otherwise:
4 (a) "Department" means the Department of Public Health.
5 (b) "Head Injury" means a sudden insult or damage to the
6 brain or its coverings, not of a degenerative nature, which
7 produces an altered state of consciousness or temporarily or
8 permanently impairs mental, cognitive, behavioral or physical
9 functioning. Cerebral vascular accidents, aneurisms and
10 congenital deficits are excluded from this definition.
11 (c) "Spinal cord injury" means an injury that occurs as a
12 result of trauma, which involves spinal vertebral fracture, or
13 where the injured person suffers any of the following effects:
14 (1) effects on the sensory system including numbness,
15 tingling or loss of sensation in the body or in one or more
16 extremities;
17 (2) effects on the motor system including weakness or
18 paralysis in one or more extremities;
19 (3) effects on the visceral system including bowel or
20 bladder dysfunction or hypotension.
21 (d) "Council" means the Advisory Council on Spinal Cord
22 and Head Injuries.
23 (Source: P.A. 86-510.)
24 (410 ILCS 515/3) (from Ch. 111 1/2, par. 7853)
HB1863 Enrolled - 68 - LRB104 10416 BDA 20491 b
1 Sec. 3. (a) All reports and records made pursuant to this
2 Act and maintained by the Department and other appropriate
3 persons, officials and institutions pursuant to this Act shall
4 be confidential. Information shall not be made available to
5 any individual or institution except to:
6 (1) appropriate staff of the Department; and
7 (2) any person engaged in a bona fide research project,
8 with the permission of the Director of Public Health, except
9 that no information identifying the subjects of the reports or
10 the reporters shall be made available to researchers unless
11 the Department requests and receives consent for such release
12 pursuant to the provisions of this Section. ; and
13 (3) the Council, except that no information identifying
14 the subjects of the reports or the reporters shall be made
15 available to the Council unless consent for release is
16 requested and received pursuant to the provisions of this
17 Section. Only information pertaining to head and spinal cord
18 injuries as defined in Section 1 of this Act shall be released
19 to the Council.
20 (b) The Department shall not reveal the identity of a
21 patient, physician or hospital, except that the identity of
22 the patient may be released upon written consent of the
23 patient, parent or guardian, the identity of the physician may
24 be released upon written consent of the physician, and the
25 identity of the hospital may be released upon written consent
26 of the hospital.
HB1863 Enrolled - 69 - LRB104 10416 BDA 20491 b
1 (c) The Department shall request consent for release from
2 a patient, a physician or hospital only upon a showing by the
3 applicant for such release that obtaining the identities of
4 certain patients, physicians or hospitals is necessary for his
5 bonafide research directly related to the objectives of this
6 Act.
7 (d) The Department shall at least annually compile a
8 report of the data accumulated through the reporting system
9 established under Section 2 of this Act and shall submit such
10 data relating to spinal cord and head injuries in accordance
11 with confidentiality restrictions established pursuant to this
12 Act to the Council.
13 (Source: P.A. 86-510.)
14 (410 ILCS 515/6 rep.)
15 Section 5-395. The Head and Spinal Cord Injury Act is
16 amended by repealing Section 6.
17 Section 5-410. The Environmental Protection Act is amended
18 by changing Section 17.7 as follows:
19 (415 ILCS 5/17.7) (from Ch. 111 1/2, par. 1017.7)
20 Sec. 17.7. Community water supply testing fee.
21 (a) The Agency shall collect an annual nonrefundable
22 testing fee from each community water supply for participating
23 in the laboratory fee program for analytical services to
HB1863 Enrolled - 70 - LRB104 10416 BDA 20491 b
1 determine compliance with contaminant levels specified in
2 State or federal drinking water regulations. A community water
3 supply may commit to participation in the laboratory fee
4 program. If the community water supply makes such a
5 commitment, it shall commit for a period consistent with the
6 participation requirements established by the Agency and the
7 Community Water Supply Testing Council (Council). If a
8 community water supply elects not to participate, it must
9 annually notify the Agency in writing of its decision not to
10 participate in the laboratory fee program.
11 (b) The Agency shall determine the fee for participating
12 in the laboratory fee program for analytical services. The
13 Agency may establish multi-year participation requirements for
14 community water supplies and establish fees accordingly. The
15 Agency shall base its annual fee determination upon the actual
16 and anticipated costs for testing under State and federal
17 drinking water regulations and the associated administrative
18 costs of the Agency and the Council.
19 (c) Community water supplies that choose not to
20 participate in the laboratory fee program or do not pay the
21 fees shall have the duty to analyze all drinking water samples
22 as required by State or federal safe drinking water
23 regulations established after the federal Safe Drinking Water
24 Act Amendments of 1986.
25 (d) There is hereby created in the State Treasury an
26 interest-bearing special fund to be known as the Community
HB1863 Enrolled - 71 - LRB104 10416 BDA 20491 b
1 Water Supply Laboratory Fund. All fees collected by the Agency
2 under this Section shall be deposited into this Fund and shall
3 be used for no other purpose except those established in this
4 Section. In addition to any monies appropriated from the
5 General Revenue Fund, monies in the Fund shall be appropriated
6 to the Agency in amounts deemed necessary for laboratory
7 testing of samples from community water supplies, and for the
8 associated administrative expenses of the Agency and the
9 Council.
10 (e) The Agency is authorized to adopt reasonable and
11 necessary rules for the administration of this Section. The
12 Agency shall submit the proposed rules for review by the
13 Council before submission of the rulemaking for the First
14 Notice under Section 5-40 of the Illinois Administrative
15 Procedure Act.
16 (f) The Director shall establish a Community Water Supply
17 Testing Council, consisting of 5 persons who are elected
18 municipal officials, 5 persons representing community water
19 supplies, one person representing the engineering profession,
20 one person representing investor-owned utilities, one person
21 representing the Illinois Association of Environmental
22 Laboratories, and 2 persons representing municipalities and
23 community water supplies on a statewide basis, all appointed
24 by the Director. Beginning in 1994, the Director shall appoint
25 the following to the Council: (i) 2 elected municipal
26 officials, 2 community water supply representatives, and 1
HB1863 Enrolled - 72 - LRB104 10416 BDA 20491 b
1 investor-owned utility representative, each for a one-year
2 term; (ii) 2 elected municipal officials and 2 community water
3 supply representatives, each for a 2 year term; and (iii) one
4 elected municipal official, one community water supply
5 representative, one person representing the engineering
6 profession, and 2 persons representing municipalities and
7 community water supplies on a statewide basis, each for a 3
8 year term. As soon as possible after the effective date of this
9 amendatory Act of the 92nd General Assembly, the Director
10 shall appoint one person representing the Illinois Association
11 of Environmental Laboratories to a term of 3 years.
12 Thereafter, the Director shall appoint successors in each
13 position to 3 year terms. In case of a vacancy, the Director
14 may appoint a successor to fill the remaining term of the
15 vacancy. Members of the Council shall serve until a successor
16 is appointed by the Director. The Council shall select from
17 its members a chairperson and such other officers as it deems
18 necessary. The Council shall meet at the call of the Director
19 or the Chairperson of the Council. The Agency shall provide
20 the Council with such supporting services as the Director and
21 the Chairperson may designate, and members shall be reimbursed
22 for ordinary and necessary expenses incurred in the
23 performance of their duties. The Council shall have the
24 following duties:
25 (1) to hold regular and special meetings at a time and
26 place designated by the Director or the Chairperson of the
HB1863 Enrolled - 73 - LRB104 10416 BDA 20491 b
1 Council;
2 (2) to consider appropriate means for long-term
3 financial support of water supply testing, and to make
4 recommendations to the Agency regarding a preferred
5 approach;
6 (3) to review and evaluate the financial implications
7 of current and future federal requirements for monitoring
8 of public water supplies;
9 (4) to review and evaluate management and financial
10 audit reports related to the testing program, and to make
11 recommendations regarding the Agency's efforts to
12 implement the fee system and testing provided for by this
13 Section;
14 (5) to require an external audit as may be deemed
15 necessary by the Council; and
16 (6) to conduct such other activities as may be deemed
17 appropriate by the Director.
18 (Source: P.A. 97-220, eff. 7-28-11.)
19 (430 ILCS 40/6 rep.)
20 Section 5-420. The Illinois Poison Prevention Packaging
21 Act is amended by repealing Section 6.
22 Section 5-423. The Manufactured Home Quality Assurance Act
23 is amended by changing Section 40 as follows:
HB1863 Enrolled - 74 - LRB104 10416 BDA 20491 b
1 (430 ILCS 117/40)
2 Sec. 40. Oversight.
3 (a) This Act is to be administered by the Department. The
4 Department and other personnel as the Department considers
5 necessary must perform the following duties:
6 (1) Issue manufacturer's licenses and collect fees.
7 (2) Issue installer's licenses and collect fees.
8 (b) The Department must serve as a liaison between the
9 State, mobile home park owners, purchasers of mobile homes,
10 dealers, manufacturers, and installers. The Department must
11 receive and investigate complaints related to this Act for the
12 purpose of obtaining non-binding resolution of conflicts
13 between park owners, dealers, manufacturers, installers, and
14 purchasers of mobile homes.
15 (c) (Blank). There is created the Manufactured Housing
16 Quality Assurance Board to consult and advise the Department.
17 The Board must comprise 9 members as follows: (i) The Director
18 of the Department, or his or her designee, to serve as
19 chairman; (ii) 3 residents of mobile home parks who have lived
20 in mobile homes for at least 5 years; (iii) the president of a
21 state association of mobile home owners or his or her
22 representative; (iv) one mobile home park owner who has owned
23 a mobile home park containing at least 20 sites for at least 5
24 years; (v) one licensed dealer; (vi) one licensed installer;
25 and (vii) one licensed manufacturer. Each individual described
26 in items (iv), (v), (vi), and (vii) must be an active member of
HB1863 Enrolled - 75 - LRB104 10416 BDA 20491 b
1 either the Illinois Manufactured Housing Association or the
2 Illinois Housing Institute.
3 (d) (Blank). Members of the Board are appointed by the
4 Governor for 3 year terms, except that, of the initial
5 members, the terms of 3 members expire on December 31 of the
6 year following the effective date of this Act and the terms of
7 3 other members expire on December 31 of the second year
8 following the effective date of this Act. Members serve until
9 their successors are appointed. Any member appointed to fill a
10 vacancy occurring prior to the expiration of the term for
11 which his predecessor was appointed is appointed for the
12 remainder of that term. The initial appointments commence on
13 the effective date of this Act.
14 (e) (Blank). The Board must meet at least 3 times each
15 year. Additional meetings may be called by the Department. A
16 majority of the members of the Board constitute a quorum. Each
17 member of the Board must be compensated for travel expenses
18 incurred in the performance of duties as a member of the Board
19 in accordance with Section 12-2 of the State Finance Act.
20 (f) The Department must promulgate rules to implement this
21 Act.
22 (Source: P.A. 92-410, eff. 1-1-02.)
23 (605 ILCS 30/4 rep.)
24 Section 5-430. The Bikeway Act is amended by repealing
25 Section 4.
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1 (625 ILCS 5/15-117 rep.)
2 Section 5-440. The Illinois Vehicle Code is amended by
3 repealing Section 15-117.
4 (730 ILCS 5/3-19-15 rep.)
5 Section 5-450. The Unified Code of Corrections is amended
6 by repealing Section 3-19-15.
7 Section 5-455. The Eminent Domain Act is amended by
8 changing Sections 5-5-5 and 15-5-15 as follows:
9 (735 ILCS 30/5-5-5)
10 Sec. 5-5-5. Exercise of the power of eminent domain;
11 public use; blight.
12 (a) In addition to all other limitations and requirements,
13 a condemning authority may not take or damage property by the
14 exercise of the power of eminent domain unless it is for a
15 public use, as set forth in this Section.
16 (a-5) Subsections (b), (c), (d), (e), and (f) of this
17 Section do not apply to the acquisition of property under the
18 O'Hare Modernization Act. A condemning authority may exercise
19 the power of eminent domain for the acquisition or damaging of
20 property under the O'Hare Modernization Act as provided for by
21 law in effect prior to the effective date of this Act.
22 (a-10) Subsections (b), (c), (d), (e), and (f) of this
HB1863 Enrolled - 77 - LRB104 10416 BDA 20491 b
1 Section do not apply to the acquisition or damaging of
2 property in furtherance of the goals and objectives of an
3 existing tax increment allocation redevelopment plan. A
4 condemning authority may exercise the power of eminent domain
5 for the acquisition of property in furtherance of an existing
6 tax increment allocation redevelopment plan as provided for by
7 law in effect prior to the effective date of this Act.
8 As used in this subsection, "existing tax increment
9 allocation redevelopment plan" means a redevelopment plan that
10 was adopted under the Tax Increment Allocation Redevelopment
11 Act (Article 11, Division 74.4 of the Illinois Municipal Code)
12 prior to April 15, 2006 and for which property assembly costs
13 were, before that date, included as a budget line item in the
14 plan or described in the narrative portion of the plan as part
15 of the redevelopment project, but does not include (i) any
16 additional area added to the redevelopment project area on or
17 after April 15, 2006, (ii) any subsequent extension of the
18 completion date of a redevelopment plan beyond the estimated
19 completion date established in that plan prior to April 15,
20 2006, (iii) any acquisition of property in a conservation area
21 for which the condemnation complaint is filed more than 12
22 years after the effective date of this Act, or (iv) any
23 acquisition of property in an industrial park conservation
24 area.
25 As used in this subsection, "conservation area" and
26 "industrial park conservation area" have the same meanings as
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1 under Section 11-74.4-3 of the Illinois Municipal Code.
2 (b) If the exercise of eminent domain authority is to
3 acquire property for public ownership and control, then the
4 condemning authority must prove that (i) the acquisition of
5 the property is necessary for a public purpose and (ii) the
6 acquired property will be owned and controlled by the
7 condemning authority or another governmental entity.
8 (c) Except when the acquisition is governed by subsection
9 (b) or is primarily for one of the purposes specified in
10 subsection (d), (e), or (f) and the condemning authority
11 elects to proceed under one of those subsections, if the
12 exercise of eminent domain authority is to acquire property
13 for private ownership or control, or both, then the condemning
14 authority must prove by clear and convincing evidence that the
15 acquisition of the property for private ownership or control
16 is (i) primarily for the benefit, use, or enjoyment of the
17 public and (ii) necessary for a public purpose.
18 An acquisition of property primarily for the purpose of
19 the elimination of blight is rebuttably presumed to be for a
20 public purpose and primarily for the benefit, use, or
21 enjoyment of the public under this subsection.
22 Any challenge to the existence of blighting factors
23 alleged in a complaint to condemn under this subsection shall
24 be raised within 6 months of the filing date of the complaint
25 to condemn, and if not raised within that time the right to
26 challenge the existence of those blighting factors shall be
HB1863 Enrolled - 79 - LRB104 10416 BDA 20491 b
1 deemed waived.
2 Evidence that the Illinois Commerce Commission has granted
3 a certificate or otherwise made a finding of public
4 convenience and necessity for an acquisition of property (or
5 any right or interest in property) for private ownership or
6 control (including, without limitation, an acquisition for
7 which the use of eminent domain is authorized under the Public
8 Utilities Act, the Telephone Company Act, or the Electric
9 Supplier Act) to be used for utility purposes creates a
10 rebuttable presumption that such acquisition of that property
11 (or right or interest in property) is (i) primarily for the
12 benefit, use, or enjoyment of the public and (ii) necessary
13 for a public purpose.
14 In the case of an acquisition of property (or any right or
15 interest in property) for private ownership or control to be
16 used for utility, pipeline, or railroad purposes for which no
17 certificate or finding of public convenience and necessity by
18 the Illinois Commerce Commission is required, evidence that
19 the acquisition is one for which the use of eminent domain is
20 authorized under one of the following laws creates a
21 rebuttable presumption that the acquisition of that property
22 (or right or interest in property) is (i) primarily for the
23 benefit, use, or enjoyment of the public and (ii) necessary
24 for a public purpose:
25 (1) the Public Utilities Act,
26 (2) the Telephone Company Act,
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1 (3) the Electric Supplier Act,
2 (4) the Railroad Terminal Authority Act,
3 (5) (blank), the Grand Avenue Railroad Relocation
4 Authority Act,
5 (6) the West Cook Railroad Relocation and Development
6 Authority Act,
7 (7) Section 4-505 of the Illinois Highway Code,
8 (8) Section 17 or 18 of the Railroad Incorporation
9 Act,
10 (9) Section 18c-7501 of the Illinois Vehicle Code.
11 (d) If the exercise of eminent domain authority is to
12 acquire property for private ownership or control and if the
13 primary basis for the acquisition is the elimination of blight
14 and the condemning authority elects to proceed under this
15 subsection, then the condemning authority must: (i) prove by a
16 preponderance of the evidence that acquisition of the property
17 for private ownership or control is necessary for a public
18 purpose; (ii) prove by a preponderance of the evidence that
19 the property to be acquired is located in an area that is
20 currently designated as a blighted area or conservation area
21 under an applicable statute; (iii) if the existence of blight
22 or blighting factors is challenged in an appropriate motion
23 filed within 6 months after the date of filing of the complaint
24 to condemn, prove by a preponderance of the evidence that the
25 required blighting factors existed in the area so designated
26 (but not necessarily in the particular property to be
HB1863 Enrolled - 81 - LRB104 10416 BDA 20491 b
1 acquired) at the time of the designation under item (ii) or at
2 any time thereafter; and (iv) prove by a preponderance of the
3 evidence at least one of the following:
4 (A) that it has entered into an express written
5 agreement in which a private person or entity agrees to
6 undertake a development project within the blighted area
7 that specifically details the reasons for which the
8 property or rights in that property are necessary for the
9 development project;
10 (B) that the exercise of eminent domain power and the
11 proposed use of the property by the condemning authority
12 are consistent with a regional plan that has been adopted
13 within the past 5 years in accordance with Section 5-14001
14 of the Counties Code or Section 11-12-6 of the Illinois
15 Municipal Code or with a local land resource management
16 plan adopted under Section 4 of the Local Land Resource
17 Management Planning Act; or
18 (C) that (1) the acquired property will be used in the
19 development of a project that is consistent with the land
20 uses set forth in a comprehensive redevelopment plan
21 prepared in accordance with the applicable statute
22 authorizing the condemning authority to exercise the power
23 of eminent domain and is consistent with the goals and
24 purposes of that comprehensive redevelopment plan, and (2)
25 an enforceable written agreement, deed restriction, or
26 similar encumbrance has been or will be executed and
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1 recorded against the acquired property to assure that the
2 project and the use of the property remain consistent with
3 those land uses, goals, and purposes for a period of at
4 least 40 years, which execution and recording shall be
5 included as a requirement in any final order entered in
6 the condemnation proceeding.
7 The existence of an ordinance, resolution, or other
8 official act designating an area as blighted is not prima
9 facie evidence of the existence of blight. A finding by the
10 court in a condemnation proceeding that a property or area has
11 not been proven to be blighted does not apply to any other case
12 or undermine the designation of a blighted area or
13 conservation area or the determination of the existence of
14 blight for any other purpose or under any other statute,
15 including without limitation under the Tax Increment
16 Allocation Redevelopment Act (Article 11, Division 74.4 of the
17 Illinois Municipal Code).
18 Any challenge to the existence of blighting factors
19 alleged in a complaint to condemn under this subsection shall
20 be raised within 6 months of the filing date of the complaint
21 to condemn, and if not raised within that time the right to
22 challenge the existence of those blighting factors shall be
23 deemed waived.
24 (e) If the exercise of eminent domain authority is to
25 acquire property for private ownership or control and if the
26 primary purpose of the acquisition is one of the purposes
HB1863 Enrolled - 83 - LRB104 10416 BDA 20491 b
1 specified in item (iii) of this subsection and the condemning
2 authority elects to proceed under this subsection, then the
3 condemning authority must prove by a preponderance of the
4 evidence that: (i) the acquisition of the property is
5 necessary for a public purpose; (ii) an enforceable written
6 agreement, deed restriction, or similar encumbrance has been
7 or will be executed and recorded against the acquired property
8 to assure that the project and the use of the property remain
9 consistent with the applicable purpose specified in item (iii)
10 of this subsection for a period of at least 40 years, which
11 execution and recording shall be included as a requirement in
12 any final order entered in the condemnation proceeding; and
13 (iii) the acquired property will be one of the following:
14 (1) included in the project site for a residential
15 project, or a mixed-use project including residential
16 units, where not less than 20% of the residential units in
17 the project are made available, for at least 15 years, by
18 deed restriction, long-term lease, regulatory agreement,
19 extended use agreement, or a comparable recorded
20 encumbrance, to low-income households and very low-income
21 households, as defined in Section 3 of the Illinois
22 Affordable Housing Act;
23 (2) used primarily for public airport, road, parking,
24 or mass transportation purposes and sold or leased to a
25 private party in a sale-leaseback, lease-leaseback, or
26 similar structured financing;
HB1863 Enrolled - 84 - LRB104 10416 BDA 20491 b
1 (3) owned or used by a public utility or electric
2 cooperative for utility purposes;
3 (4) owned or used by a railroad for passenger or
4 freight transportation purposes;
5 (5) sold or leased to a private party that operates a
6 water supply, waste water, recycling, waste disposal,
7 waste-to-energy, or similar facility;
8 (6) sold or leased to a not-for-profit corporation
9 whose purposes include the preservation of open space, the
10 operation of park space, and similar public purposes;
11 (7) used as a library, museum, or related facility, or
12 as infrastructure related to such a facility;
13 (8) used by a private party for the operation of a
14 charter school open to the general public; or
15 (9) a historic resource, as defined in Section 3 of
16 the Illinois State Agency Historic Resources Preservation
17 Act, a landmark designated as such under a local
18 ordinance, or a contributing structure within a local
19 landmark district listed on the National Register of
20 Historic Places, that is being acquired for purposes of
21 preservation or rehabilitation.
22 (f) If the exercise of eminent domain authority is to
23 acquire property for public ownership and private control and
24 if the primary purpose of the acquisition is one of the
25 purposes specified in item (iii) of this subsection and the
26 condemning authority elects to proceed under this subsection,
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1 then the condemning authority must prove by a preponderance of
2 the evidence that: (i) the acquisition of the property is
3 necessary for a public purpose; (ii) the acquired property
4 will be owned by the condemning authority or another
5 governmental entity; and (iii) the acquired property will be
6 controlled by a private party that operates a business or
7 facility related to the condemning authority's operation of a
8 university, medical district, hospital, exposition or
9 convention center, mass transportation facility, or airport,
10 including, but not limited to, a medical clinic, research and
11 development center, food or commercial concession facility,
12 social service facility, maintenance or storage facility,
13 cargo facility, rental car facility, bus facility, taxi
14 facility, flight kitchen, fixed based operation, parking
15 facility, refueling facility, water supply facility, and
16 railroad tracks and stations.
17 (g) This Article is a limitation on the exercise of the
18 power of eminent domain, but is not an independent grant of
19 authority to exercise the power of eminent domain.
20 (Source: P.A. 94-1055, eff. 1-1-07.)
21 (735 ILCS 30/15-5-15)
22 Sec. 15-5-15. Eminent domain powers in ILCS Chapters 70
23 through 75. The following provisions of law may include
24 express grants of the power to acquire property by
25 condemnation or eminent domain:
HB1863 Enrolled - 86 - LRB104 10416 BDA 20491 b
1 (70 ILCS 5/8.02 and 5/9); Airport Authorities Act; airport
2 authorities; for public airport facilities.
3 (70 ILCS 5/8.05 and 5/9); Airport Authorities Act; airport
4 authorities; for removal of airport hazards.
5 (70 ILCS 5/8.06 and 5/9); Airport Authorities Act; airport
6 authorities; for reduction of the height of objects or
7 structures.
8 (70 ILCS 10/4); Interstate Airport Authorities Act; interstate
9 airport authorities; for general purposes.
10 (70 ILCS 15/3); Kankakee River Valley Area Airport Authority
11 Act; Kankakee River Valley Area Airport Authority; for
12 acquisition of land for airports.
13 (70 ILCS 200/2-20); Civic Center Code; civic center
14 authorities; for grounds, centers, buildings, and parking.
15 (70 ILCS 200/5-35); Civic Center Code; Aledo Civic Center
16 Authority; for grounds, centers, buildings, and parking.
17 (70 ILCS 200/10-15); Civic Center Code; Aurora Metropolitan
18 Exposition, Auditorium and Office Building Authority; for
19 grounds, centers, buildings, and parking.
20 (70 ILCS 200/15-40); Civic Center Code; Benton Civic Center
21 Authority; for grounds, centers, buildings, and parking.
22 (70 ILCS 200/20-15); Civic Center Code; Bloomington Civic
23 Center Authority; for grounds, centers, buildings, and
24 parking.
25 (70 ILCS 200/35-35); Civic Center Code; Brownstown Park
HB1863 Enrolled - 87 - LRB104 10416 BDA 20491 b
1 District Civic Center Authority; for grounds, centers,
2 buildings, and parking.
3 (70 ILCS 200/40-35); Civic Center Code; Carbondale Civic
4 Center Authority; for grounds, centers, buildings, and
5 parking.
6 (70 ILCS 200/55-60); Civic Center Code; Chicago South Civic
7 Center Authority; for grounds, centers, buildings, and
8 parking.
9 (70 ILCS 200/60-30); Civic Center Code; Collinsville
10 Metropolitan Exposition, Auditorium and Office Building
11 Authority; for grounds, centers, buildings, and parking.
12 (70 ILCS 200/70-35); Civic Center Code; Crystal Lake Civic
13 Center Authority; for grounds, centers, buildings, and
14 parking.
15 (70 ILCS 200/75-20); Civic Center Code; Decatur Metropolitan
16 Exposition, Auditorium and Office Building Authority; for
17 grounds, centers, buildings, and parking.
18 (70 ILCS 200/80-15); Civic Center Code; DuPage County
19 Metropolitan Exposition, Auditorium and Office Building
20 Authority; for grounds, centers, buildings, and parking.
21 (70 ILCS 200/85-35); Civic Center Code; Elgin Metropolitan
22 Exposition, Auditorium and Office Building Authority; for
23 grounds, centers, buildings, and parking.
24 (70 ILCS 200/95-25); Civic Center Code; Herrin Metropolitan
25 Exposition, Auditorium and Office Building Authority; for
26 grounds, centers, buildings, and parking.
HB1863 Enrolled - 88 - LRB104 10416 BDA 20491 b
1 (70 ILCS 200/110-35); Civic Center Code; Illinois Valley Civic
2 Center Authority; for grounds, centers, buildings, and
3 parking.
4 (70 ILCS 200/115-35); Civic Center Code; Jasper County Civic
5 Center Authority; for grounds, centers, buildings, and
6 parking.
7 (70 ILCS 200/120-25); Civic Center Code; Jefferson County
8 Metropolitan Exposition, Auditorium and Office Building
9 Authority; for grounds, centers, buildings, and parking.
10 (70 ILCS 200/125-15); Civic Center Code; Jo Daviess County
11 Civic Center Authority; for grounds, centers, buildings,
12 and parking.
13 (70 ILCS 200/130-30); Civic Center Code; Katherine Dunham
14 Metropolitan Exposition, Auditorium and Office Building
15 Authority; for grounds, centers, buildings, and parking.
16 (70 ILCS 200/145-35); Civic Center Code; Marengo Civic Center
17 Authority; for grounds, centers, buildings, and parking.
18 (70 ILCS 200/150-35); Civic Center Code; Mason County Civic
19 Center Authority; for grounds, centers, buildings, and
20 parking.
21 (70 ILCS 200/155-15); Civic Center Code; Matteson Metropolitan
22 Civic Center Authority; for grounds, centers, buildings,
23 and parking.
24 (70 ILCS 200/160-35); Civic Center Code; Maywood Civic Center
25 Authority; for grounds, centers, buildings, and parking.
26 (70 ILCS 200/165-35); Civic Center Code; Melrose Park
HB1863 Enrolled - 89 - LRB104 10416 BDA 20491 b
1 Metropolitan Exposition Auditorium and Office Building
2 Authority; for grounds, centers, buildings, and parking.
3 (70 ILCS 200/170-20); Civic Center Code; certain Metropolitan
4 Exposition, Auditorium and Office Building Authorities;
5 for general purposes.
6 (70 ILCS 200/180-35); Civic Center Code; Normal Civic Center
7 Authority; for grounds, centers, buildings, and parking.
8 (70 ILCS 200/185-15); Civic Center Code; Oak Park Civic Center
9 Authority; for grounds, centers, buildings, and parking.
10 (70 ILCS 200/195-35); Civic Center Code; Ottawa Civic Center
11 Authority; for grounds, centers, buildings, and parking.
12 (70 ILCS 200/200-15); Civic Center Code; Pekin Civic Center
13 Authority; for grounds, centers, buildings, and parking.
14 (70 ILCS 200/205-15); Civic Center Code; Peoria Civic Center
15 Authority; for grounds, centers, buildings, and parking.
16 (70 ILCS 200/210-35); Civic Center Code; Pontiac Civic Center
17 Authority; for grounds, centers, buildings, and parking.
18 (70 ILCS 200/215-15); Civic Center Code; Illinois Quad City
19 Civic Center Authority; for grounds, centers, buildings,
20 and parking.
21 (70 ILCS 200/220-30); Civic Center Code; Quincy Metropolitan
22 Exposition, Auditorium and Office Building Authority; for
23 grounds, centers, buildings, and parking.
24 (70 ILCS 200/225-35); Civic Center Code; Randolph County Civic
25 Center Authority; for grounds, centers, buildings, and
26 parking.
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1 (70 ILCS 200/230-35); Civic Center Code; River Forest
2 Metropolitan Exposition, Auditorium and Office Building
3 Authority; for grounds, centers, buildings, and parking.
4 (70 ILCS 200/235-40); Civic Center Code; Riverside Civic
5 Center Authority; for grounds, centers, buildings, and
6 parking.
7 (70 ILCS 200/245-35); Civic Center Code; Salem Civic Center
8 Authority; for grounds, centers, buildings, and parking.
9 (70 ILCS 200/255-20); Civic Center Code; Springfield
10 Metropolitan Exposition and Auditorium Authority; for
11 grounds, centers, and parking.
12 (70 ILCS 200/260-35); Civic Center Code; Sterling Metropolitan
13 Exposition, Auditorium and Office Building Authority; for
14 grounds, centers, buildings, and parking.
15 (70 ILCS 200/265-20); Civic Center Code; Vermilion County
16 Metropolitan Exposition, Auditorium and Office Building
17 Authority; for grounds, centers, buildings, and parking.
18 (70 ILCS 200/270-35); Civic Center Code; Waukegan Civic Center
19 Authority; for grounds, centers, buildings, and parking.
20 (70 ILCS 200/275-35); Civic Center Code; West Frankfort Civic
21 Center Authority; for grounds, centers, buildings, and
22 parking.
23 (70 ILCS 200/280-20); Civic Center Code; Will County
24 Metropolitan Exposition and Auditorium Authority; for
25 grounds, centers, and parking.
26 (70 ILCS 210/5); Metropolitan Pier and Exposition Authority
HB1863 Enrolled - 91 - LRB104 10416 BDA 20491 b
1 Act; Metropolitan Pier and Exposition Authority; for
2 general purposes, including quick-take power.
3 (70 ILCS 405/22.04); Soil and Water Conservation Districts
4 Act; soil and water conservation districts; for general
5 purposes.
6 (70 ILCS 410/10 and 410/12); Conservation District Act;
7 conservation districts; for open space, wildland, scenic
8 roadway, pathway, outdoor recreation, or other
9 conservation benefits.
10 (70 ILCS 503/25); Chanute-Rantoul National Aviation Center
11 Redevelopment Commission Act; Chanute-Rantoul National
12 Aviation Center Redevelopment Commission; for general
13 purposes.
14 (70 ILCS 507/15); Fort Sheridan Redevelopment Commission Act;
15 Fort Sheridan Redevelopment Commission; for general
16 purposes or to carry out comprehensive or redevelopment
17 plans.
18 (70 ILCS 520/8); Southwestern Illinois Development Authority
19 Act; Southwestern Illinois Development Authority; for
20 general purposes, including quick-take power.
21 (70 ILCS 605/4-17 and 605/5-7); Illinois Drainage Code;
22 drainage districts; for general purposes.
23 (70 ILCS 615/5 and 615/6); Chicago Drainage District Act;
24 corporate authorities; for construction and maintenance of
25 works.
26 (70 ILCS 705/10); Fire Protection District Act; fire
HB1863 Enrolled - 92 - LRB104 10416 BDA 20491 b
1 protection districts; for general purposes.
2 (70 ILCS 750/20); Flood Prevention District Act; flood
3 prevention districts; for general purposes.
4 (70 ILCS 805/6); Downstate Forest Preserve District Act;
5 certain forest preserve districts; for general purposes.
6 (70 ILCS 805/18.8); Downstate Forest Preserve District Act;
7 certain forest preserve districts; for recreational and
8 cultural facilities.
9 (70 ILCS 810/8); Cook County Forest Preserve District Act;
10 Forest Preserve District of Cook County; for general
11 purposes.
12 (70 ILCS 810/38); Cook County Forest Preserve District Act;
13 Forest Preserve District of Cook County; for recreational
14 facilities.
15 (70 ILCS 910/15 and 910/16); Hospital District Law; hospital
16 districts; for hospitals or hospital facilities.
17 (70 ILCS 915/3); Illinois Medical District Act; Illinois
18 Medical District Commission; for general purposes.
19 (70 ILCS 915/4.5); Illinois Medical District Act; Illinois
20 Medical District Commission; quick-take power for the
21 Illinois State Police Forensic Science Laboratory
22 (obsolete).
23 (70 ILCS 920/5); Tuberculosis Sanitarium District Act;
24 tuberculosis sanitarium districts; for tuberculosis
25 sanitariums.
26 (70 ILCS 925/20); Mid-Illinois Medical District Act;
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1 Mid-Illinois Medical District; for general purposes.
2 (70 ILCS 930/20); Mid-America Medical District Act;
3 Mid-America Medical District Commission; for general
4 purposes.
5 (70 ILCS 935/20); Roseland Community Medical District Act;
6 medical district; for general purposes.
7 (70 ILCS 1005/7); Mosquito Abatement District Act; mosquito
8 abatement districts; for general purposes.
9 (70 ILCS 1105/8); Museum District Act; museum districts; for
10 general purposes.
11 (70 ILCS 1205/7-1); Park District Code; park districts; for
12 streets and other purposes.
13 (70 ILCS 1205/8-1); Park District Code; park districts; for
14 parks.
15 (70 ILCS 1205/9-2 and 1205/9-4); Park District Code; park
16 districts; for airports and landing fields.
17 (70 ILCS 1205/11-2 and 1205/11-3); Park District Code; park
18 districts; for State land abutting public water and
19 certain access rights.
20 (70 ILCS 1205/11.1-3); Park District Code; park districts; for
21 harbors.
22 (70 ILCS 1225/2); Park Commissioners Land Condemnation Act;
23 park districts; for street widening.
24 (70 ILCS 1230/1 and 1230/1-a); Park Commissioners Water
25 Control Act; park districts; for parks, boulevards,
26 driveways, parkways, viaducts, bridges, or tunnels.
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1 (70 ILCS 1250/2); Park Commissioners Street Control (1889)
2 Act; park districts; for boulevards or driveways.
3 (70 ILCS 1290/1); Park District Aquarium and Museum Act;
4 municipalities or park districts; for aquariums or
5 museums.
6 (70 ILCS 1305/2); Park District Airport Zoning Act; park
7 districts; for restriction of the height of structures.
8 (70 ILCS 1310/5); Park District Elevated Highway Act; park
9 districts; for elevated highways.
10 (70 ILCS 1505/15); Chicago Park District Act; Chicago Park
11 District; for parks and other purposes.
12 (70 ILCS 1505/25.1); Chicago Park District Act; Chicago Park
13 District; for parking lots or garages.
14 (70 ILCS 1505/26.3); Chicago Park District Act; Chicago Park
15 District; for harbors.
16 (70 ILCS 1570/5); Lincoln Park Commissioners Land Condemnation
17 Act; Lincoln Park Commissioners; for land and interests in
18 land, including riparian rights.
19 (70 ILCS 1801/30); Alexander-Cairo Port District Act;
20 Alexander-Cairo Port District; for general purposes.
21 (70 ILCS 1805/8); Havana Regional Port District Act; Havana
22 Regional Port District; for general purposes.
23 (70 ILCS 1810/7); Illinois International Port District Act;
24 Illinois International Port District; for general
25 purposes.
26 (70 ILCS 1815/13); Illinois Valley Regional Port District Act;
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1 Illinois Valley Regional Port District; for general
2 purposes.
3 (70 ILCS 1820/4); Jackson-Union Counties Regional Port
4 District Act; Jackson-Union Counties Regional Port
5 District; for removal of airport hazards or reduction of
6 the height of objects or structures.
7 (70 ILCS 1820/5); Jackson-Union Counties Regional Port
8 District Act; Jackson-Union Counties Regional Port
9 District; for general purposes.
10 (70 ILCS 1825/4.9); Joliet Regional Port District Act; Joliet
11 Regional Port District; for removal of airport hazards.
12 (70 ILCS 1825/4.10); Joliet Regional Port District Act; Joliet
13 Regional Port District; for reduction of the height of
14 objects or structures.
15 (70 ILCS 1825/4.18); Joliet Regional Port District Act; Joliet
16 Regional Port District; for removal of hazards from ports
17 and terminals.
18 (70 ILCS 1825/5); Joliet Regional Port District Act; Joliet
19 Regional Port District; for general purposes.
20 (70 ILCS 1830/7.1); Kaskaskia Regional Port District Act;
21 Kaskaskia Regional Port District; for removal of hazards
22 from ports and terminals.
23 (70 ILCS 1830/14); Kaskaskia Regional Port District Act;
24 Kaskaskia Regional Port District; for general purposes.
25 (70 ILCS 1831/30); Massac-Metropolis Port District Act;
26 Massac-Metropolis Port District; for general purposes.
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1 (70 ILCS 1835/5.10); Mt. Carmel Regional Port District Act;
2 Mt. Carmel Regional Port District; for removal of airport
3 hazards.
4 (70 ILCS 1835/5.11); Mt. Carmel Regional Port District Act;
5 Mt. Carmel Regional Port District; for reduction of the
6 height of objects or structures.
7 (70 ILCS 1835/6); Mt. Carmel Regional Port District Act; Mt.
8 Carmel Regional Port District; for general purposes.
9 (70 ILCS 1837/30); Ottawa Port District Act; Ottawa Port
10 District; for general purposes.
11 (70 ILCS 1842/30 and 1842/35); Rock Island Regional Port
12 District Act; Rock Island Regional Port District and
13 participating municipalities; for general Port District
14 purposes.
15 (70 ILCS 1845/4.9); Seneca Regional Port District Act; Seneca
16 Regional Port District; for removal of airport hazards.
17 (70 ILCS 1845/4.10); Seneca Regional Port District Act; Seneca
18 Regional Port District; for reduction of the height of
19 objects or structures.
20 (70 ILCS 1845/5); Seneca Regional Port District Act; Seneca
21 Regional Port District; for general purposes.
22 (70 ILCS 1850/4); Shawneetown Regional Port District Act;
23 Shawneetown Regional Port District; for removal of airport
24 hazards or reduction of the height of objects or
25 structures.
26 (70 ILCS 1850/5); Shawneetown Regional Port District Act;
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1 Shawneetown Regional Port District; for general purposes.
2 (70 ILCS 1855/4); Southwest Regional Port District Act;
3 Southwest Regional Port District; for removal of airport
4 hazards or reduction of the height of objects or
5 structures.
6 (70 ILCS 1855/5); Southwest Regional Port District Act;
7 Southwest Regional Port District; for general purposes.
8 (70 ILCS 1860/4); Tri-City Regional Port District Act;
9 Tri-City Regional Port District; for removal of airport
10 hazards.
11 (70 ILCS 1860/5); Tri-City Regional Port District Act;
12 Tri-City Regional Port District; for the development of
13 facilities.
14 (70 ILCS 1863/11); Upper Mississippi River International Port
15 District Act; Upper Mississippi River International Port
16 District; for general purposes.
17 (70 ILCS 1865/4.9); Waukegan Port District Act; Waukegan Port
18 District; for removal of airport hazards.
19 (70 ILCS 1865/4.10); Waukegan Port District Act; Waukegan Port
20 District; for restricting the height of objects or
21 structures.
22 (70 ILCS 1865/5); Waukegan Port District Act; Waukegan Port
23 District; for the development of facilities.
24 (70 ILCS 1870/8); White County Port District Act; White County
25 Port District; for the development of facilities.
26 (70 ILCS 1905/16); Railroad Terminal Authority Act; Railroad
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1 Terminal Authority (Chicago); for general purposes.
2 (70 ILCS 1915/25); Grand Avenue Railroad Relocation Authority
3 Act; Grand Avenue Railroad Relocation Authority; for
4 general purposes, including quick-take power (now
5 obsolete).
6 (70 ILCS 1935/25); Elmwood Park Grade Separation Authority
7 Act; Elmwood Park Grade Separation Authority; for general
8 purposes.
9 (70 ILCS 2105/9b); River Conservancy Districts Act; river
10 conservancy districts; for general purposes.
11 (70 ILCS 2105/10a); River Conservancy Districts Act; river
12 conservancy districts; for corporate purposes.
13 (70 ILCS 2205/15); Sanitary District Act of 1907; sanitary
14 districts; for corporate purposes.
15 (70 ILCS 2205/18); Sanitary District Act of 1907; sanitary
16 districts; for improvements and works.
17 (70 ILCS 2205/19); Sanitary District Act of 1907; sanitary
18 districts; for access to property.
19 (70 ILCS 2305/8); North Shore Water Reclamation District Act;
20 North Shore Water Reclamation District; for corporate
21 purposes.
22 (70 ILCS 2305/15); North Shore Water Reclamation District Act;
23 North Shore Water Reclamation District; for improvements.
24 (70 ILCS 2405/7.9); Sanitary District Act of 1917; Sanitary
25 District of Decatur; for carrying out agreements to sell,
26 convey, or disburse treated wastewater to a private
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1 entity.
2 (70 ILCS 2405/8); Sanitary District Act of 1917; sanitary
3 districts; for corporate purposes.
4 (70 ILCS 2405/15); Sanitary District Act of 1917; sanitary
5 districts; for improvements.
6 (70 ILCS 2405/16.9 and 2405/16.10); Sanitary District Act of
7 1917; sanitary districts; for waterworks.
8 (70 ILCS 2405/17.2); Sanitary District Act of 1917; sanitary
9 districts; for public sewer and water utility treatment
10 works.
11 (70 ILCS 2405/18); Sanitary District Act of 1917; sanitary
12 districts; for dams or other structures to regulate water
13 flow.
14 (70 ILCS 2605/8); Metropolitan Water Reclamation District Act;
15 Metropolitan Water Reclamation District; for corporate
16 purposes.
17 (70 ILCS 2605/16); Metropolitan Water Reclamation District
18 Act; Metropolitan Water Reclamation District; quick-take
19 power for improvements.
20 (70 ILCS 2605/17); Metropolitan Water Reclamation District
21 Act; Metropolitan Water Reclamation District; for bridges.
22 (70 ILCS 2605/35); Metropolitan Water Reclamation District
23 Act; Metropolitan Water Reclamation District; for widening
24 and deepening a navigable stream.
25 (70 ILCS 2805/10); Sanitary District Act of 1936; sanitary
26 districts; for corporate purposes.
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1 (70 ILCS 2805/24); Sanitary District Act of 1936; sanitary
2 districts; for improvements.
3 (70 ILCS 2805/26i and 2805/26j); Sanitary District Act of
4 1936; sanitary districts; for drainage systems.
5 (70 ILCS 2805/27); Sanitary District Act of 1936; sanitary
6 districts; for dams or other structures to regulate water
7 flow.
8 (70 ILCS 2805/32k); Sanitary District Act of 1936; sanitary
9 districts; for water supply.
10 (70 ILCS 2805/32l); Sanitary District Act of 1936; sanitary
11 districts; for waterworks.
12 (70 ILCS 2905/2-7); Metro-East Sanitary District Act of 1974;
13 Metro-East Sanitary District; for corporate purposes.
14 (70 ILCS 2905/2-8); Metro-East Sanitary District Act of 1974;
15 Metro-East Sanitary District; for access to property.
16 (70 ILCS 3010/10); Sanitary District Revenue Bond Act;
17 sanitary districts; for sewerage systems.
18 (70 ILCS 3205/12); Illinois Sports Facilities Authority Act;
19 Illinois Sports Facilities Authority; quick-take power for
20 its corporate purposes (obsolete).
21 (70 ILCS 3405/16); Surface Water Protection District Act;
22 surface water protection districts; for corporate
23 purposes.
24 (70 ILCS 3605/7); Metropolitan Transit Authority Act; Chicago
25 Transit Authority; for transportation systems.
26 (70 ILCS 3605/8); Metropolitan Transit Authority Act; Chicago
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1 Transit Authority; for general purposes.
2 (70 ILCS 3605/10); Metropolitan Transit Authority Act; Chicago
3 Transit Authority; for general purposes, including
4 railroad property.
5 (70 ILCS 3610/3 and 3610/5); Local Mass Transit District Act;
6 local mass transit districts; for general purposes.
7 (70 ILCS 3615/2.13); Regional Transportation Authority Act;
8 Regional Transportation Authority; for general purposes.
9 (70 ILCS 3705/8 and 3705/12); Public Water District Act;
10 public water districts; for waterworks.
11 (70 ILCS 3705/23a); Public Water District Act; public water
12 districts; for sewerage properties.
13 (70 ILCS 3705/23e); Public Water District Act; public water
14 districts; for combined waterworks and sewerage systems.
15 (70 ILCS 3715/6); Water Authorities Act; water authorities;
16 for facilities to ensure adequate water supply.
17 (70 ILCS 3715/27); Water Authorities Act; water authorities;
18 for access to property.
19 (75 ILCS 5/4-7); Illinois Local Library Act; boards of library
20 trustees; for library buildings.
21 (75 ILCS 16/30-55.80); Public Library District Act of 1991;
22 public library districts; for general purposes.
23 (75 ILCS 65/1 and 65/3); Libraries in Parks Act; corporate
24 authorities of city or park district, or board of park
25 commissioners; for free public library buildings.
26 (Source: Incorporates 98-564, eff. 8-27-13; P.A. 98-756, eff.
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1 7-16-14; 99-669, eff. 7-29-16; revised 6-23-25.)
2 Article 10.
3 Section 10-5. The State Salary and Annuity Withholding Act
4 is amended by changing Sections 2, 4, 6, 7, 8, and 9 as
5 follows:
6 (5 ILCS 365/2) (from Ch. 127, par. 352)
7 Sec. 2. Definitions. As used in this Act, unless the
8 context otherwise requires:
9 "Office" means the State Comptroller, the Board of
10 Trustees of the State Universities Retirement System, or the
11 Board of Trustees of any of the following institutions: the
12 University of Illinois, Southern Illinois University, Chicago
13 State University, Eastern Illinois University, Governors State
14 University, Illinois State University, Northeastern Illinois
15 University, Northern Illinois University, and Western Illinois
16 University.
17 "Department" means any department, board, commission,
18 institution, officer, court, or agency of State government,
19 other than the University of Illinois, Southern Illinois
20 University, Chicago State University, Eastern Illinois
21 University, Governors State University, Illinois State
22 University, Northeastern Illinois University, Northern
23 Illinois University, and Western Illinois University,
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1 receiving State appropriations and having the power to certify
2 payrolls to the Comptroller authorizing payments of salary or
3 wages from appropriations from any State fund or from trust
4 funds held by the State Treasurer; and the Board of Trustees of
5 the General Assembly Retirement System, the Board of Trustees
6 of the State Employees' Retirement System of Illinois, the
7 Board of Trustees of the Teachers' Retirement System of the
8 State of Illinois, and the Board of Trustees of the Judges
9 Retirement System of Illinois created respectively by Articles
10 2, 14, 16, and 18 of the Illinois Pension Code.
11 "Employee" means any regular officer or employee who
12 receives salary or wages for personal service rendered to the
13 State of Illinois and, for the purpose of deduction for the
14 purchase of United States Savings Bonds, includes any State
15 contractual employee.
16 "Annuitant" means a person receiving a retirement annuity
17 or disability benefits under Article 2, 14, 15, 16, or 18 of
18 the Illinois Pension Code.
19 "Annuity" means the retirement annuity or disability
20 benefits received by an annuitant.
21 (Source: P.A. 89-4, eff. 1-1-96; 90-14, eff. 7-1-97; 90-448,
22 eff. 8-16-97.)
23 (5 ILCS 365/4) (from Ch. 127, par. 354)
24 Sec. 4. Authorization of withholding. An employee or
25 annuitant may authorize the withholding of a portion of his
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1 salary, wages, or annuity for any one or more of the following
2 purposes:
3 (1) (blank); for purchase of United States Savings
4 Bonds;
5 (2) for payment of premiums on life or accident and
6 health insurance as defined in Section 4 of the "Illinois
7 Insurance Code", approved June 29, 1937, as amended, and
8 for payment of premiums on policies of automobile
9 insurance as defined in Section 143.13 of the "Illinois
10 Insurance Code", as amended, and the personal multiperil
11 coverages commonly known as homeowner's insurance.
12 However, no portion of salaries, wages or annuities may be
13 withheld to pay premiums on automobile, homeowner's, life
14 or accident and health insurance policies issued by any
15 one insurance company or insurance service company unless
16 a minimum of 100 employees or annuitants insured by that
17 company authorize the withholding by an Office within 6
18 months after such withholding begins. If such minimum is
19 not satisfied the Office may discontinue withholding for
20 such company. For any insurance company or insurance
21 service company which has not previously had withholding,
22 the Office may allow withholding for premiums, where less
23 than 100 policies have been written, to cover a
24 probationary period. An insurance company which has
25 discontinued withholding may reinstate it upon
26 presentation of facts indicating new management or
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1 reorganization re-organization satisfactory to the Office;
2 (3) for payment to any labor organization designated
3 by the employee;
4 (4) for payment of dues to any association the
5 membership of which consists of State employees and former
6 State employees;
7 (5) for deposit in any credit union, in which State
8 employees are within the field of membership as a result
9 of their employment;
10 (6) for payment to or for the benefit of an
11 institution of higher education by an employee of that
12 institution;
13 (7) for payment of parking fees at the parking
14 facilities located on the Urbana-Champaign campus of the
15 University of Illinois;
16 (8) for voluntary payment to the State of Illinois of
17 amounts then due and payable to the State;
18 (9) for investment purchases made as a participant or
19 contributor to qualified tuition programs established
20 pursuant to Section 529 of the Internal Revenue Code or
21 qualified ABLE programs established pursuant to Section
22 529A of the Internal Revenue Code;
23 (10) for voluntary payment to the Illinois Department
24 of Revenue of amounts due or to become due under the
25 Illinois Income Tax Act;
26 (11) for payment of optional contributions to a
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1 retirement system subject to the provisions of the
2 Illinois Pension Code;
3 (12) for contributions to organizations found
4 qualified by the State Comptroller under the requirements
5 set forth in the Voluntary Payroll Deductions Act of 1983;
6 (13) for payment of fringe benefit contributions to
7 employee benefit trust funds (whether such employee
8 benefit trust funds are governed by the Employee
9 Retirement Income Security Act of 1974, as amended, 29
10 U.S.C. §1001 et seq. or not) for State contractual
11 employees hired through labor organizations and working
12 pursuant to a signed agreement between a labor
13 organization and a State agency, whether subject to the
14 Illinois Prevailing Wage Act or not; this item (13) is not
15 intended to limit employee benefit trust funds and the
16 contributions to be made thereto to be limited to those
17 which are encompassed for purposes of computing the
18 prevailing wage in any particular locale, but rather such
19 employee benefit trusts are intended to include
20 contributions to be made to such funds that are intended
21 to assist in training, building and maintenance, industry
22 advancement, and the like, including, but not limited to,
23 those benefit trust funds such as pension and welfare that
24 are normally computed in the prevailing wage rates and
25 which otherwise would be subject to contribution
26 obligations by private employers that are signatory to
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1 agreements with labor organizations;
2 (14) for voluntary payment as part of the Illinois
3 Gives Initiative under Section 26 of the State Comptroller
4 Act; or
5 (15) for payment of parking fees at the underground
6 facility located south of the William G. Stratton State
7 Office Building in Springfield or the parking ramp located
8 at 401 South College Street, west of the William G.
9 Stratton State Office Building in Springfield.
10 (Source: P.A. 99-166, eff. 7-28-15; 100-763, eff. 8-10-18.)
11 (5 ILCS 365/6) (from Ch. 127, par. 356)
12 Sec. 6. Sufficient copies of any authorization provided
13 for by this Act shall be executed by the employee to enable the
14 Department that prepares the voucher on which the employee's
15 name appears to transmit a copy thereof to any Department
16 required to certify or approve such vouchers, and the
17 Department so preparing the voucher shall make such
18 transmittals. Copies of such authorization need not be
19 transmitted to the Department of Central Management Services.
20 Authorizations for withholding and the termination of
21 withholding for the purchase of United States Savings Bonds
22 shall be filed with the Comptroller.
23 Each Department and Office, in the preparation of
24 vouchers, or payroll disbursing, is authorized and directed,
25 in addition to other requirements of law, to indicate thereon:
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1 (1) the amount or amounts to be withheld from the
2 salary, wages or annuity of each employee or annuitant
3 that has authorized such withholding under this Act;
4 (2) the purpose or purposes of such withholding; and
5 (3) the net amount payable to the employee or
6 annuitant.
7 Voucher forms designed and approved by the comptroller
8 under the provisions of Section 9a of "An Act in relation to
9 State finance", approved June 10, 1919, as heretofore or
10 hereafter amended, shall be so designed as to meet the
11 requirements of this Section.
12 Any Department required to approve vouchers shall approve
13 vouchers prepared in accordance with this Act if they meet the
14 requirements of other laws applicable thereto.
15 (Source: P.A. 82-789.)
16 (5 ILCS 365/7) (from Ch. 127, par. 357)
17 Sec. 7. Any Office in making payment for any item of
18 salary, wages or annuity on a voucher or in disbursing a
19 payroll shall deduct any amount or amounts authorized to be
20 withheld under this Act as certified in such voucher or
21 disbursed in such payroll and shall make payment to the
22 employee or annuitant for the net amount payable to the
23 employee or annuitant. Where payment is made by warrant,
24 information concerning the amount or amounts withheld and the
25 purpose of each such withholding shall be provided on a
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1 detachable stub. Where payment is made by the Comptroller by
2 direct deposit, the Comptroller may distribute statements of
3 the amounts and purposes of withholding from such payments
4 intermittently, not less than annually.
5 Each Office shall create a separate trust fund for the
6 purpose of withholding from employees for the purchase of
7 United States Savings Bonds as provided by this Act. The State
8 Treasurer shall be ex officio, trustee and custodian of such
9 trust fund created by the State Comptroller. The Comptroller
10 shall direct the State Treasurer to deposit to the trust fund
11 the amounts authorized to be withheld for United States
12 Savings Bonds as certified on each payroll or annuitant's
13 voucher.
14 Such trust fund and each individual employee or annuitant
15 account created by the Comptroller shall be subject to audit
16 the same as funds and accounts belonging to the State of
17 Illinois and shall be protected by the official bond given by
18 the State Treasurer. Trust funds and individual employee or
19 annuitant accounts created by an Office other than the
20 Comptroller shall be subject to audit in the same manner as
21 other funds.
22 (Source: P.A. 83-162.)
23 (5 ILCS 365/8) (from Ch. 127, par. 358)
24 Sec. 8. Payment of certain amounts withheld.
25 (a) If a withholding authorization is for the purpose of
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1 payment of insurance premiums or for payment to a labor union,
2 each Office shall make payments, as soon as payroll warrants
3 are prepared and verified, on behalf of the employee or
4 annuitant to the payee named in the authorization the amount
5 specified in the authorization. Such payments shall be made by
6 warrants prepared at the time the payroll is processed.
7 (b) (Blank). If a withholding authorization is for the
8 purpose of purchasing United States Savings Bonds, each
9 Office, whenever a sufficient sum has accumulated in the
10 employee's account to purchase a bond of the denomination
11 directed by the employee in his authorization, shall purchase
12 such a United States Savings Bond in the name designated by the
13 employee and deliver it to the employee.
14 (c) If a withholding authorization is for the purpose of
15 payment of parking fees pursuant to paragraph (7) 7 of Section
16 4, the State Comptroller shall deposit the amount withheld in
17 the State Parking Facility Maintenance Fund in the State
18 Treasury.
19 (d) If a withholding authorization is for the purpose of
20 payment of amounts due or to become due under the Illinois
21 Income Tax Act, the Office shall pay the amounts withheld
22 without delay directly to the Department of Revenue or to a
23 depositary designated by the Department of Revenue.
24 (e) If a withholding authorization is for the purpose of
25 payment of parking fees under paragraph (15) of Section 4 of
26 this Act, the State Comptroller shall deposit the entire
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1 amount withheld in the State Parking Facility Maintenance Fund
2 in the State treasury.
3 (Source: P.A. 99-166, eff. 7-28-15.)
4 (5 ILCS 365/9) (from Ch. 127, par. 359)
5 Sec. 9. Any authorization to withhold from the salary,
6 wages or annuity of an employee or annuitant shall terminate
7 and such withholding shall cease upon the happening of any of
8 the following events:
9 (1) termination of employment or termination of
10 payment of an annuity, as the case may be;
11 (2) written notice by the employee or annuitant of
12 cancellation of such former authorization, except that an
13 authorization to withhold for the payment of optional
14 contributions to a retirement system through an employer
15 pickup is irrevocable;
16 (3) expiration of the time during which such
17 withholding was authorized;
18 (4) when the total amount authorized to be withheld
19 has been so withheld.
20 Upon termination of authorization to purchase United
21 States Savings Bonds, any amount withheld from the salary or
22 wages of an employee for such purpose and which has not been so
23 used shall be immediately remitted by each Office to the
24 person from whose salary or wages such amount was withheld.
25 (Source: P.A. 90-448, eff. 8-16-97.)
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1 Section 10-10. The Department of Commerce and Economic
2 Opportunity Law of the Civil Administrative Code of Illinois
3 is amended by changing Section 605-328 as follows:
4 (20 ILCS 605/605-328)
5 Sec. 605-328. Economic Development Matching Grants
6 Program.
7 (a) The Department, in its discretion, may establish a
8 program of grants to be matched by economic development
9 entities in the State to finance and promote local economic
10 development. The Department is authorized to make grants,
11 subject to appropriations by the General Assembly for this
12 purpose, from the Economic Development Matching Grants Program
13 Fund, a special fund created in the State treasury, to
14 nonprofit organizations and local units of local government
15 whose primary objectives are to promote Illinois communities
16 as sites for industrial and business location and expansion.
17 The goal of the program is to enhance the marketing of Illinois
18 by enabling regions and communities to market themselves and
19 thereby attract new business and industry to the State and
20 enhance the environment of growth for existing business and
21 industry.
22 (b) The applicant's proposed project must have a definable
23 impact on business and industrial attraction, recruitment, or
24 retention. Items eligible for funding consideration include,
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1 but are not limited to, specific, time-limited research
2 studies related to industrial and business recruitment or
3 retention, advertising and public relation expenses related to
4 the applicant's proposed project, and production of printed
5 materials and brochures, slide presentations and videotapes,
6 and internet home pages for distribution to those involved in
7 expansion or relocation activities.
8 (c) In determining the recipients of the grants,
9 consideration shall be given to the following factors:
10 (1) Does the project demonstrate collaboration between
11 more than one municipality, county, and region?
12 (2) Does the project demonstrate substantial potential
13 for economic return from an area outside the applicant's
14 region and provide research measurement?
15 (3) Does the project show creativity and good design
16 qualities and appropriately target a specific market?
17 (4) Does the project support the Department's economic
18 development out-of-state marketing efforts?
19 (5) Is the project a demonstrable part of a long-range
20 marketing or strategic plan?
21 (6) Are the projected costs for the project
22 well-researched and reasonable?
23 (d) State grant dollars shall be evenly matched by the
24 applicant.
25 (e) (Blank). Moneys appropriated to the program of grants
26 shall be deposited into the Economic Development Matching
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1 Grants Program Fund and shall not lapse into the General
2 Revenue Fund at the end of a fiscal year.
3 (f) The grants made under this Section shall be in
4 addition to any other grant programs currently in place and
5 administered by the Department.
6 (g) The Department shall adopt rules to implement this
7 program.
8 (Source: P.A. 90-660, eff. 7-30-98; 91-239, eff. 1-1-00.)
9 Section 10-15. The Technology Advancement and Development
10 Act is amended by changing Section 1004 as follows:
11 (20 ILCS 700/1004) (from Ch. 127, par. 3701-4)
12 Sec. 1004. Duties and powers. The Department of Commerce
13 and Economic Opportunity shall establish and administer any of
14 the programs authorized under this Act subject to the
15 availability of funds appropriated by the General Assembly.
16 The Department may make awards from general revenue fund
17 appropriations and , federal reimbursement funds, and the
18 Technology Cooperation Fund, as provided under the provisions
19 of this Act. The Department, in addition to those powers
20 granted under the Civil Administrative Code of Illinois, is
21 granted the following powers to help administer the provisions
22 of this Act:
23 (a) To provide financial assistance as direct or
24 participation grants, loans, or qualified security
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1 investments to, or on behalf of, eligible applicants.
2 Loans, grants, and investments shall be made for the
3 purpose of increasing research and development,
4 commercializing technology, adopting advanced production
5 and processing techniques, and promoting job creation and
6 retention within Illinois;
7 (b) To enter into agreements, accept funds or grants,
8 and engage in cooperation with agencies of the federal
9 government, local units of government, universities,
10 research foundations or institutions, regional economic
11 development corporations, or other organizations for the
12 purposes of this Act;
13 (c) To enter into contracts, agreements, and memoranda
14 of understanding; and to provide funds for participation
15 agreements or to make any other agreements or contracts or
16 to invest, grant, or loan funds to any participating
17 intermediary organizations, including not-for-profit
18 entities, for-profit entities, State agencies or
19 authorities, government owned and contract operated
20 facilities, institutions of higher education, other public
21 or private development corporations, or other entities
22 necessary or desirable to further the purpose of this Act.
23 Any such agreement or contract by an intermediary
24 organization to deliver programs authorized under this Act
25 may include terms and provisions, including, but not
26 limited to, organization and development of documentation,
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1 review and approval of projects, servicing and
2 disbursement of funds, and other related activities;
3 (d) To fix, determine, charge, and collect any
4 premiums, fees, charges, costs, and expenses, including,
5 without limitation, any application fees, commitment fees,
6 program fees, financing charges, or publication fees in
7 connection with the Department's activities under this
8 Act;
9 (e) To establish forms for applications,
10 notifications, contracts, or any other agreements, and to
11 promulgate procedures, rules, or regulations deemed
12 necessary and appropriate;
13 (f) To establish and regulate the terms and conditions
14 of the Department's agreements and to consent, subject to
15 the provisions of any agreement with another party, to the
16 modification or restructuring of any agreement to which
17 the Department is a party;
18 (g) To require that recipients of financial assistance
19 shall at all times keep proper books of record and account
20 in accordance with generally accepted accounting
21 principles consistently applied, with such books open for
22 reasonable Department inspection and audits, including,
23 without limitation, the making of copies thereof;
24 (h) To require applicants or grantees receiving funds
25 under this Act to permit the Department to: (i) inspect
26 and audit any books, records or papers related to the
HB1863 Enrolled - 117 - LRB104 10416 BDA 20491 b
1 project in the custody or control of the applicant,
2 including the making of copies or extracts thereof, and
3 (ii) inspect or appraise any of the applicant's or
4 grantee's business assets;
5 (i) To require applicants or grantees, upon written
6 request by the Department, to issue any necessary
7 authorization to the appropriate federal, State, or local
8 authority for the release of information concerning a
9 business or business project financed under the provisions
10 of this Act, with the information requested to include,
11 but not be limited to, financial reports, returns, or
12 records relating to that business or business project;
13 (i-5) To provide staffing, administration, and related
14 support required to manage the programs authorized under
15 this Act and to pay for staffing and administration as
16 appropriated by the General Assembly. Administrative
17 responsibilities may include, but are not limited to,
18 research and identification of the needs of commerce and
19 industry in this State; design of comprehensive statewide
20 plans and programs; direction, management, and control of
21 specific projects; and communication and cooperation with
22 entities about technology commercialization and business
23 modernization;
24 (j) To take whatever actions are necessary or
25 appropriate to protect the State's interest in the event
26 of bankruptcy, default, foreclosure or noncompliance with
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1 the terms and conditions of financial assistance or
2 participation required under this Act, including the power
3 to sell, dispose, lease or rent, upon terms and conditions
4 determined by the Director to be appropriate, real or
5 personal property which the Department may receive as a
6 result thereof; and
7 (k) To exercise such other powers as are necessary to
8 carry out the purposes of this Act.
9 (Source: P.A. 100-201, eff. 8-18-17.)
10 Section 10-20. The Women's Business Ownership Act of 2015
11 is amended by changing Section 5 as follows:
12 (20 ILCS 5060/5)
13 Sec. 5. Women's Business Ownership Council. The Women's
14 Business Ownership Council is created within the Department of
15 Commerce and Economic Opportunity. The Council shall consist
16 of 9 members, with 5 persons appointed by the Governor, one of
17 whom shall be the Director of Commerce and Economic
18 Opportunity or his or her designee, one person appointed by
19 the President of the Senate, one person appointed by the
20 Minority Leader of the Senate, one person appointed by the
21 Speaker of the House of Representatives, and one person
22 appointed by the Minority Leader of the House of
23 Representatives.
24 Appointed members shall be uniquely qualified by
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1 education, professional knowledge, or experience to serve on
2 the Council and shall reflect the ethnic, cultural, and
3 geographic diversity of the State. Of the 9 members, at least 5
4 shall be women business owners. As used in this Act, "woman
5 business owner" means a woman who is either:
6 (1) the principal of a company or business concern, at
7 least 51% of which is owned, operated, and controlled by
8 women; or
9 (2) a senior officer or director of a company or
10 business concern who also has either:
11 (A) material responsibility for the daily
12 operations and management of the overall company or
13 business concern; or
14 (B) material responsibility for the policy making
15 of the company or business concern.
16 Of the initial appointments, members shall be randomly
17 assigned to staggered terms; 3 members shall be appointed for
18 a term of 3 years, 3 members shall be appointed for a term of 2
19 years, and 3 members shall be appointed for a term of one year.
20 Upon the expiration of each member's term, a successor shall
21 be appointed for a term of 3 years. In the case of a vacancy in
22 the office of any member, a successor shall be appointed for
23 the remainder of the unexpired term by the person designated
24 as responsible for making the appointment. No member shall
25 serve more than 3 consecutive terms. Members shall serve
26 without compensation but shall be reimbursed for expenses
HB1863 Enrolled - 120 - LRB104 10416 BDA 20491 b
1 incurred in connection with the performance of their duties as
2 members.
3 One of the members shall be designated as Chairperson by
4 the Governor. In the event the Governor does not appoint the
5 Chairperson within 60 days after August 3, 2015 (the effective
6 date of Public Act 99-233) this Act, the Council shall convene
7 and elect a Chairperson by a simple majority vote. Upon a
8 vacancy in the position of Chairperson, the Governor shall
9 have 30 days from the date of the resignation to appoint a new
10 Chairperson. In the event the Governor does not appoint a new
11 Chairperson within 30 days, the Council shall convene and
12 elect a new Chairperson by a simple majority vote.
13 The first meeting of the Council shall be held within 90
14 days after August 3, 2015 (the effective date of Public Act
15 99-233) this Act. The Council shall meet quarterly and may
16 hold other meetings on the call of the Chairperson. Five
17 members shall constitute a quorum. The Council may adopt rules
18 it deems necessary to govern its own procedures. The
19 Department of Commerce and Economic Opportunity shall
20 cooperate with the Council to fulfill the purposes of this Act
21 and shall provide the Council with necessary staff and
22 administrative support. The Council may apply for grants from
23 the public and private sector and is authorized to accept
24 grants, gifts, and donations, which shall be deposited into
25 the Women's Business Ownership Fund.
26 (Source: P.A. 99-233, eff. 8-3-15.)
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1 (20 ILCS 5060/15 rep.)
2 Section 10-25. The Women's Business Ownership Act of 2015
3 is amended by repealing Section 15.
4 Section 10-30. The State Finance Act is amended by
5 changing Section 5.270 as follows:
6 (30 ILCS 105/5.270) (from Ch. 127, par. 141.270)
7 Sec. 5.270. The CDLIS/AAMVAnet/NMVTIS Trust Fund
8 (Commercial Driver's License Information System/American
9 Association of Motor Vehicle Administrators network/National
10 Motor Vehicle Title Information Service Trust Fund).
11 (Source: P.A. 98-177, eff. 1-1-14.)
12 (30 ILCS 105/5.637 rep.)
13 (30 ILCS 105/5.706 rep.)
14 (30 ILCS 105/5.728 rep.)
15 (30 ILCS 105/5.869 rep.)
16 (30 ILCS 105/5.878 rep.)
17 Section 10-35. The State Finance Act is amended by
18 repealing Sections 5.637, 5.706, 5.728, 5.869, and 5.878.
19 (30 ILCS 186/Act rep.)
20 Section 10-40. The Emergency Budget Implementation Act of
21 Fiscal Year 2010 is repealed.
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1 (105 ILCS 124/Act rep.)
2 Section 10-45. The Farm Fresh Schools Program Act is
3 repealed.
4 Section 10-50. The Illinois Insurance Code is amended by
5 changing Sections 511.111 and 513b6 as follows:
6 (215 ILCS 5/511.111) (from Ch. 73, par. 1065.58-111)
7 (Section scheduled to be repealed on January 1, 2027)
8 Sec. 511.111. Insurance Producer Administration Fund. All
9 fees and fines paid to and collected by the Director under this
10 Article shall be paid promptly after receipt thereof, together
11 with a detailed statement of such fees, into a special fund in
12 the State Treasury to be known as the Insurance Producer
13 Administration Fund. The monies deposited into the Insurance
14 Producer Administration Fund shall be used only for payment of
15 the expenses of the Department and shall be appropriated as
16 otherwise provided by law for the payment of such expenses.
17 Moneys in the Insurance Producer Administration Fund may be
18 transferred to the Professions Indirect Cost Fund, as
19 authorized under Section 2105-300 of the Department of
20 Professional Regulation Law of the Civil Administrative Code
21 of Illinois.
22 (Source: P.A. 98-463, eff. 8-16-13.)
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1 (215 ILCS 5/513b6)
2 Sec. 513b6. Insurance Producer Administration Fund. All
3 fees and fines paid to and collected by the Director under this
4 Article shall be paid promptly after receipt thereof, together
5 with a detailed statement of such fees, into the Insurance
6 Producer Administration Fund. The moneys deposited into the
7 Insurance Producer Administration Fund may be transferred to
8 the Professions Indirect Cost Fund, as authorized under
9 Section 2105-300 of the Department of Professional Regulation
10 Law of the Civil Administrative Code of Illinois.
11 (Source: P.A. 101-452, eff. 1-1-20.)
12 Section 10-55. The Illinois Public Aid Code is amended by
13 changing Sections 5C-7 and 12-4.50 as follows:
14 (305 ILCS 5/5C-7) (from Ch. 23, par. 5C-7)
15 Sec. 5C-7. Care Provider Fund for Persons with a
16 Developmental Disability.
17 (a) There is created in the State Treasury the Care
18 Provider Fund for Persons with a Developmental Disability.
19 Interest earned by the Fund shall be credited to the Fund. The
20 Fund shall not be used to replace any moneys appropriated to
21 the Medicaid program by the General Assembly.
22 (b) The Fund is created for the purpose of receiving and
23 disbursing assessment moneys in accordance with this Article.
24 Disbursements from the Fund shall be made only as follows:
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1 (1) For payments to intermediate care facilities for
2 persons with a developmental disability under Title XIX of
3 the Social Security Act and Article V of this Code.
4 (2) For the reimbursement of moneys collected by the
5 Illinois Department through error or mistake, and to make
6 required payments under Section 5-4.28(a)(1) of this Code
7 if there are no moneys available for such payments in the
8 Medicaid Provider for Persons with a Developmental
9 Disability Participation Fee Trust Fund.
10 (3) For payment of administrative expenses incurred by
11 the Department of Human Services or its agent or the
12 Illinois Department or its agent in performing the
13 activities authorized by this Article.
14 (4) For payments of any amounts which are reimbursable
15 to the federal government for payments from this Fund
16 which are required to be paid by State warrant.
17 (5) For making transfers to the General Obligation
18 Bond Retirement and Interest Fund as those transfers are
19 authorized in the proceedings authorizing debt under the
20 Short Term Borrowing Act, but transfers made under this
21 paragraph (5) shall not exceed the principal amount of
22 debt issued in anticipation of the receipt by the State of
23 moneys to be deposited into the Fund.
24 (6) For making refunds as required under Section 5C-10
25 of this Article.
26 Disbursements from the Fund, other than transfers to the
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1 General Obligation Bond Retirement and Interest Fund, shall be
2 by warrants drawn by the State Comptroller upon receipt of
3 vouchers duly executed and certified by the Illinois
4 Department.
5 (c) The Fund shall consist of the following:
6 (1) All moneys collected or received by the Illinois
7 Department from the care provider for persons with a
8 developmental disability assessment imposed by this
9 Article.
10 (2) All federal matching funds received by the
11 Illinois Department as a result of expenditures made by
12 the Illinois Department that are attributable to moneys
13 deposited in the Fund.
14 (3) Any interest or penalty levied in conjunction with
15 the administration of this Article.
16 (4) (Blank). Any balance in the Medicaid Care Provider
17 for Persons With a Developmental Disability Participation
18 Fee Trust Fund in the State Treasury. The balance shall be
19 transferred to the Fund upon certification by the Illinois
20 Department to the State Comptroller that all of the
21 disbursements required by Section 5-4.21(b) of this Code
22 have been made.
23 (5) All other moneys received for the Fund from any
24 other source, including interest earned thereon.
25 (Source: P.A. 98-463, eff. 8-16-13; 98-651, eff. 6-16-14;
26 99-143, eff. 7-27-15.)
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1 (305 ILCS 5/12-4.50)
2 Sec. 12-4.50. Healthy Local Food Incentives Program.
3 (a) Legislative findings. Diet and other lifestyle choices
4 contribute to more than half of all deaths in Illinois. Health
5 risk factors include smoking, obesity, stress, nutrition, high
6 blood pressure, and alcohol and drug use. Illinois residents
7 should be encouraged to adopt diets and lifestyles that lead
8 to wellness. The State can help provide that encouragement by
9 funding wellness programs that enhance the health of Illinois
10 residents. Healthy local food incentives encourage wellness
11 among some of the most vulnerable residents of Illinois (those
12 whose incomes are below the poverty line and who often have
13 limited access to fresh, healthy, and affordable foods) by
14 doubling the purchasing power of LINK cardholders at farmers
15 markets across the State. The benefits of such a program
16 include: an increase in population health, Medicaid health
17 care cost savings, decreased incidence of preventable
18 diseases, increased revenue for Illinois small farmers, and
19 economic stimulus for the region.
20 (b) Definitions. As used in this Section:
21 "FINI eligible fruits and vegetables" means any variety of
22 fresh, canned, dried, or frozen whole or cut fruits and
23 vegetables without added sugars, fats, or oils, and salt (i.e.
24 sodium), as defined by the Food Insecurity Nutrition Incentive
25 Grant Program administered by the United States Department of
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1 Agriculture.
2 "LINK card" means an electronic benefits transfer card
3 issued by the Department of Human Services for the purpose of
4 enabling a user of the card to obtain SNAP benefits or cash.
5 "SNAP" means the federal Supplemental Nutrition Assistance
6 Program.
7 (c) The Department of Human Services shall establish a
8 Healthy Local Food Incentives Program to double the purchasing
9 power of Illinois residents with limited access to fresh
10 fruits and vegetables. The Healthy Local Food Incentives Fund
11 is created as a special fund in the State treasury for the
12 purpose of implementing the Healthy Local Food Incentives
13 Program. All moneys received pursuant to this Section shall be
14 deposited into the Healthy Local Food Incentives Fund.
15 (d) Subject to appropriation, the Department of Human
16 Services shall make an annual grant of $500,000 from the Fund
17 to a qualified Illinois non-profit organization or agency,
18 which shall be distributed to participating Illinois farmers
19 markets for the purpose of providing matching dollar
20 incentives (up to a specified amount) for the dollar value of
21 SNAP benefits spent on FINI eligible fruits and vegetables at
22 participating Illinois farmers markets and direct
23 producer-to-consumer venues.
24 (e) The designated qualified non-profit organization or
25 agency shall have a demonstrated track record of:
26 (1) building a statewide network;
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1 (2) designing and implementing successful healthy food
2 incentive programs that connect SNAP recipients with local
3 producers;
4 (3) implementing funds distribution and reporting
5 processes;
6 (4) providing training and technical assistance to
7 farmers markets;
8 (5) conducting community outreach and data collection;
9 and
10 (6) providing full accounting and administration of
11 funds distributed to farmers markets.
12 (f) 100% of the grant funds moneys deposited into the Fund
13 shall be distributed to participating Illinois farmers markets
14 for healthy local food incentives.
15 (g) Within 90 days after the end of a grant cycle, the
16 designated qualified non-profit organization or agency shall
17 submit a progress report to the Department of Human Services.
18 The progress report shall include the following information:
19 (1) the names and locations of Illinois farmers
20 markets and direct producer-to-consumer venues that
21 received funds distributed under the Program;
22 (2) the dollar amount of funds awarded to each
23 participating Illinois farmers market and direct
24 producer-to-consumer venue;
25 (3) the dollar amount of SNAP benefits, and funds
26 provided under the Program, that were spent at Illinois
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1 farmers markets participating in the Program, as well as
2 the dollar amount of any unspent funds available under the
3 Program;
4 (4) the number of SNAP transactions carried out
5 annually at participating Illinois farmers markets;
6 (5) the impact of the Program on increasing the
7 quantity of fresh fruits and vegetables consumed by SNAP
8 families, as determined by customer surveys.
9 (h) No later than December 31, 2017, the Department of
10 Human Services shall adopt rules to implement the provisions
11 of this Section.
12 (i) (Blank).
13 (Source: P.A. 99-928, eff. 1-20-17; 100-636, eff. 1-1-19.)
14 (305 ILCS 5/12-10.6a rep.)
15 Section 10-60. The Illinois Public Aid Code is amended by
16 repealing Section 12-10.6a.
17 Section 10-65. The Illinois Vehicle Code is amended by
18 changing Sections 2-119 and 6-118 as follows:
19 (625 ILCS 5/2-119) (from Ch. 95 1/2, par. 2-119)
20 Sec. 2-119. Disposition of fees and taxes.
21 (a) All moneys received from Salvage Certificates shall be
22 deposited in the Common School Fund in the State treasury.
23 (b) Of the money collected for each certificate of title,
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1 duplicate certificate of title, and corrected certificate of
2 title:
3 (1) $2.60 shall be deposited in the Park and
4 Conservation Fund;
5 (2) $0.65 shall be deposited in the Illinois Fisheries
6 Management Fund;
7 (3) $48 shall be disbursed under subsection (g) of
8 this Section;
9 (4) $4 shall be deposited into the Motor Vehicle
10 License Plate Fund;
11 (5) $30 shall be deposited into the Capital Projects
12 Fund; and
13 (6) $10 shall be deposited into the Secretary of State
14 Special Services Fund.
15 All remaining moneys collected for certificates of title,
16 and all moneys collected for filing of security interests,
17 shall be deposited in the General Revenue Fund.
18 The $20 collected for each delinquent vehicle registration
19 renewal fee shall be deposited into the General Revenue Fund.
20 The moneys deposited in the Park and Conservation Fund
21 under this Section shall be used for the acquisition and
22 development of bike paths as provided for in Section 805-420
23 of the Department of Natural Resources (Conservation) Law of
24 the Civil Administrative Code of Illinois. The moneys
25 deposited into the Park and Conservation Fund under this
26 subsection shall not be subject to administrative charges or
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1 chargebacks, unless otherwise authorized by this Code.
2 If the balance in the Motor Vehicle License Plate Fund
3 exceeds $40,000,000 on the last day of a calendar month, then
4 during the next calendar month, the $4 that otherwise would be
5 deposited in that fund shall instead be deposited into the
6 Road Fund.
7 (c) All moneys collected for that portion of a driver's
8 license fee designated for driver education under Section
9 6-118 shall be placed in the Drivers Education Fund in the
10 State treasury.
11 (d) Of the moneys collected as a registration fee for each
12 motorcycle, motor driven cycle, and moped, 27% shall be
13 deposited in the Cycle Rider Safety Training Fund.
14 (e) (Blank).
15 (f) Of the total money collected for a commercial
16 learner's permit (CLP) or original or renewal issuance of a
17 commercial driver's license (CDL) pursuant to the Uniform
18 Commercial Driver's License Act (UCDLA): (i) $6 of the total
19 fee for an original or renewal CDL, and $6 of the total CLP fee
20 when such permit is issued to any person holding a valid
21 Illinois driver's license, shall be paid into the
22 CDLIS/AAMVAnet/NMVTIS Trust Fund (Commercial Driver's License
23 Information System/American Association of Motor Vehicle
24 Administrators network/National Motor Vehicle Title
25 Information Service Trust Fund) and shall be used for the
26 purposes provided in Section 6z-23 of the State Finance Act
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1 and (ii) $20 of the total fee for an original or renewal CDL or
2 CLP shall be paid into the Motor Carrier Safety Inspection
3 Fund, which is hereby created as a special fund in the State
4 treasury, to be used by the Illinois State Police, subject to
5 appropriation, to hire additional officers to conduct motor
6 carrier safety inspections pursuant to Chapter 18b of this
7 Code.
8 (g) Of the moneys received by the Secretary of State as
9 registration fees or taxes, certificates of title, duplicate
10 certificates of title, corrected certificates of title, or as
11 payment of any other fee under this Code, when those moneys are
12 not otherwise distributed by this Code, 37% shall be deposited
13 into the State Construction Account Fund, and 63% shall be
14 deposited in the Road Fund. Moneys in the Road Fund shall be
15 used for the purposes provided in Section 8.3 of the State
16 Finance Act.
17 (h) (Blank).
18 (i) (Blank).
19 (j) (Blank).
20 (k) There is created in the State treasury a special fund
21 to be known as the Secretary of State Special License Plate
22 Fund. Money deposited into the Fund shall, subject to
23 appropriation, be used by the Office of the Secretary of State
24 (i) to help defray plate manufacturing and plate processing
25 costs for the issuance and, when applicable, renewal of any
26 new or existing registration plates authorized under this Code
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1 and (ii) for grants made by the Secretary of State to benefit
2 Illinois Veterans Home libraries.
3 (l) The Motor Vehicle Review Board Fund is created as a
4 special fund in the State treasury. Moneys deposited into the
5 Fund under paragraph (7) of subsection (b) of Section 5-101
6 and Section 5-109 shall, subject to appropriation, be used by
7 the Office of the Secretary of State to administer the Motor
8 Vehicle Review Board, including, without limitation, payment
9 of compensation and all necessary expenses incurred in
10 administering the Motor Vehicle Review Board under the Motor
11 Vehicle Franchise Act.
12 (m) Effective July 1, 1996, there is created in the State
13 treasury a special fund to be known as the Family
14 Responsibility Fund. Moneys deposited into the Fund shall,
15 subject to appropriation, be used by the Office of the
16 Secretary of State for the purpose of enforcing the Illinois
17 Safety and Family Financial Responsibility Law.
18 (n) The Illinois Fire Fighters' Memorial Fund is created
19 as a special fund in the State treasury. Moneys deposited into
20 the Fund shall, subject to appropriation, be used by the
21 Office of the State Fire Marshal for construction of the
22 Illinois Fire Fighters' Memorial to be located at the State
23 Capitol grounds in Springfield, Illinois. Upon the completion
24 of the Memorial, moneys in the Fund shall be used in accordance
25 with Section 3-634.
26 (o) Of the money collected for each certificate of title
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1 for all-terrain vehicles and off-highway motorcycles, $17
2 shall be deposited into the Off-Highway Vehicle Trails Fund.
3 (p) For audits conducted on or after July 1, 2003 pursuant
4 to Section 2-124(d) of this Code, 50% of the money collected as
5 audit fees shall be deposited into the General Revenue Fund.
6 (q) Beginning July 1, 2023, the additional fees imposed by
7 Public Act 103-8 in Sections 2-123, 3-821, and 6-118 shall be
8 deposited into the Secretary of State Special Services Fund.
9 (Source: P.A. 102-538, eff. 8-20-21; 103-8, eff. 7-1-23;
10 103-605, eff. 7-1-24.)
11 (625 ILCS 5/6-118)
12 Sec. 6-118. Fees.
13 (a) The fees for licenses and permits under this Article
14 are as follows:
15 Original 4-year driver's license .................... $30
16 Original 8-year driver's license issued under
17 subsection (a-3) of Section 6-115 ................ $60
18 Original driver's license issued
19 to 18, 19, and 20 year olds ...................... $5
20 All driver's licenses for persons
21 age 69 through age 80 ............................ $5
22 All driver's licenses for persons
23 age 81 through age 86 ............................ $2
24 All driver's licenses for persons
25 age 87 or older .................................... $0
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1 Renewal 4-year driver's license (except for
2 applicants, age 69 and older) .................... $30
3 Renewal 8-year driver's license issued under
4 subsection (a-3) of Section 6-115 (except
5 for applicants age 69 and older) ................ $60
6 Original instruction permit issued to
7 persons (except those age 69 and older)
8 who do not hold or have not previously
9 held an Illinois instruction permit or
10 driver's license ................................ $20
11 Instruction permit issued to any person
12 holding an Illinois driver's license
13 who wishes a change in classifications,
14 other than at the time of renewal ................ $5
15 Any instruction permit issued to a person
16 age 69 and older ................................ $5
17 Instruction permit issued to any person,
18 under age 69, not currently holding a
19 valid Illinois driver's license or
20 instruction permit but who has
21 previously been issued either document
22 in Illinois ...................................... $10
23 Restricted driving permit ............................ $8
24 Monitoring device driving permit .................... $8
25 Duplicate or corrected driver's license
26 or permit ........................................ $5
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1 Duplicate or corrected restricted
2 driving permit .................................. $5
3 Duplicate or corrected monitoring
4 device driving permit ............................ $5
5 Duplicate driver's license or permit issued to
6 an active-duty member of the
7 United States Armed Forces,
8 the member's spouse, or
9 the dependent children living
10 with the member .................................. $0
11 Original or renewal M or L endorsement .............. $5
12 SPECIAL FEES FOR COMMERCIAL DRIVER'S LICENSE
13 The fees for commercial driver licenses and permits
14 under Article V shall be as follows:
15 Commercial driver's license:
16 $6 for the CDLIS/AAMVAnet/NMVTIS Trust Fund;
17 (Commercial Driver's License Information
18 System/American Association of Motor Vehicle
19 Administrators network/National Motor Vehicle
20 Title Information Service Trust Fund);
21 $20 for the Motor Carrier Safety Inspection Fund;
22 $10 for the driver's license;
23 and $24 for the CDL: ............................ $60
24 Renewal commercial driver's license:
25 $6 for the CDLIS/AAMVAnet/NMVTIS Trust Fund;
26 $20 for the Motor Carrier Safety Inspection Fund;
HB1863 Enrolled - 137 - LRB104 10416 BDA 20491 b
1 $10 for the driver's license; and
2 $24 for the CDL: ................................ $60
3 Commercial learner's permit
4 issued to any person holding a valid
5 Illinois driver's license for the
6 purpose of changing to a
7 CDL classification:
8 $6 for the CDLIS/AAMVAnet/NMVTIS Trust Fund;
9 $20 for the Motor Carrier Safety Inspection Fund; and
10 $24 for the CDL classification .................. $50
11 Commercial learner's permit
12 issued to any person holding a valid
13 Illinois CDL for the purpose of
14 making a change in a classification,
15 endorsement or restriction ...................... $5
16 CDL duplicate or corrected license .................. $5
17 In order to ensure the proper implementation of the
18 Uniform Commercial Driver License Act, Article V of this
19 Chapter, the Secretary of State is empowered to prorate the
20 $24 fee for the commercial driver's license proportionate to
21 the expiration date of the applicant's Illinois driver's
22 license.
23 The fee for any duplicate license or permit shall be
24 waived for any person who presents the Secretary of State's
25 office with a police report showing that his license or permit
26 was stolen.
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1 The fee for any duplicate license or permit shall be
2 waived for any person age 60 or older whose driver's license or
3 permit has been lost or stolen.
4 No additional fee shall be charged for a driver's license,
5 or for a commercial driver's license, when issued to the
6 holder of an instruction permit for the same classification or
7 type of license who becomes eligible for such license.
8 The fee for a restricted driving permit under this
9 subsection (a) shall be imposed annually until the expiration
10 of the permit.
11 (a-5) The fee for a driver's record or data contained
12 therein is $20 and shall be disbursed as set forth in
13 subsection (k) of Section 2-123 of this Code.
14 (b) Any person whose license or privilege to operate a
15 motor vehicle in this State has been suspended or revoked
16 under Section 3-707, any provision of Chapter 6, Chapter 11,
17 or Section 7-205, 7-303, or 7-702 of the Illinois Safety and
18 Family Financial Responsibility Law of this Code, shall in
19 addition to any other fees required by this Code, pay a
20 reinstatement fee as follows:
21 Suspension under Section 3-707 .................... $100
22 Suspension under Section 11-1431 .................... $100
23 Summary suspension under Section 11-501.1 ............ $250
24 Suspension under Section 11-501.9 .................... $250
25 Summary revocation under Section 11-501.1 ............ $500
26 Other suspension .................................... $70
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1 Revocation .......................................... $500
2 However, any person whose license or privilege to operate
3 a motor vehicle in this State has been suspended or revoked for
4 a second or subsequent time for a violation of Section 11-501,
5 11-501.1, or 11-501.9 of this Code or a similar provision of a
6 local ordinance or a similar out-of-state offense or Section
7 9-3 of the Criminal Code of 1961 or the Criminal Code of 2012
8 and each suspension or revocation was for a violation of
9 Section 11-501, 11-501.1, or 11-501.9 of this Code or a
10 similar provision of a local ordinance or a similar
11 out-of-state offense or Section 9-3 of the Criminal Code of
12 1961 or the Criminal Code of 2012 shall pay, in addition to any
13 other fees required by this Code, a reinstatement fee as
14 follows:
15 Summary suspension under Section 11-501.1 ............ $500
16 Suspension under Section 11-501.9 .................... $500
17 Summary revocation under Section 11-501.1 ............ $500
18 Revocation .......................................... $500
19 (c) All fees collected under the provisions of this
20 Chapter 6 shall be disbursed under subsection (g) of Section
21 2-119 of this Code, except as follows:
22 1. The following amounts shall be paid into the
23 Drivers Education Fund:
24 (A) $16 of the $20 fee for an original driver's
25 instruction permit;
26 (B) one-sixth of the fee for an original driver's
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1 license;
2 (C) one-sixth of the fee for a renewal driver's
3 license;
4 (D) $4 of the $8 fee for a restricted driving
5 permit; and
6 (E) $4 of the $8 fee for a monitoring device
7 driving permit.
8 2. $30 of the $250 fee for reinstatement of a license
9 summarily suspended under Section 11-501.1 or suspended
10 under Section 11-501.9 shall be deposited into the Drunk
11 and Drugged Driving Prevention Fund. However, for a person
12 whose license or privilege to operate a motor vehicle in
13 this State has been suspended or revoked for a second or
14 subsequent time for a violation of Section 11-501,
15 11-501.1, or 11-501.9 of this Code or Section 9-3 of the
16 Criminal Code of 1961 or the Criminal Code of 2012, $190 of
17 the $500 fee for reinstatement of a license summarily
18 suspended under Section 11-501.1 or suspended under
19 Section 11-501.9, and $190 of the $500 fee for
20 reinstatement of a revoked license shall be deposited into
21 the Drunk and Drugged Driving Prevention Fund. $190 of the
22 $500 fee for reinstatement of a license summarily revoked
23 pursuant to Section 11-501.1 shall be deposited into the
24 Drunk and Drugged Driving Prevention Fund.
25 3. $6 of the original or renewal fee for a commercial
26 driver's license and $6 of the commercial learner's permit
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1 fee when the permit is issued to any person holding a valid
2 Illinois driver's license, shall be paid into the
3 CDLIS/AAMVAnet/NMVTIS Trust Fund.
4 4. $30 of the $70 fee for reinstatement of a license
5 suspended under the Illinois Safety and Family Financial
6 Responsibility Law shall be paid into the Family
7 Responsibility Fund.
8 5. The $5 fee for each original or renewal M or L
9 endorsement shall be deposited into the Cycle Rider Safety
10 Training Fund.
11 6. $20 of any original or renewal fee for a commercial
12 driver's license or commercial learner's permit shall be
13 paid into the Motor Carrier Safety Inspection Fund.
14 7. The following amounts shall be paid into the
15 General Revenue Fund:
16 (A) $190 of the $250 reinstatement fee for a
17 summary suspension under Section 11-501.1 or a
18 suspension under Section 11-501.9;
19 (B) $40 of the $70 reinstatement fee for any other
20 suspension provided in subsection (b) of this Section;
21 and
22 (C) $440 of the $500 reinstatement fee for a first
23 offense revocation and $310 of the $500 reinstatement
24 fee for a second or subsequent revocation.
25 8. Fees collected under paragraph (4) of subsection
26 (d) and subsection (h) of Section 6-205 of this Code;
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1 subparagraph (C) of paragraph 3 of subsection (c) of
2 Section 6-206 of this Code; and paragraph (4) of
3 subsection (a) of Section 6-206.1 of this Code, shall be
4 paid into the funds set forth in those Sections.
5 (d) All of the proceeds of the additional fees imposed by
6 Public Act 96-34 this amendatory Act of the 96th General
7 Assembly shall be deposited into the Capital Projects Fund.
8 (e) The additional fees imposed by Public Act 96-38 this
9 amendatory Act of the 96th General Assembly shall become
10 effective 90 days after becoming law. The additional fees
11 imposed by Public Act 103-8 this amendatory Act of the 103rd
12 General Assembly shall become effective July 1, 2023 and shall
13 be paid into the Secretary of State Special Services Fund.
14 (f) As used in this Section, "active-duty member of the
15 United States Armed Forces" means a member of the Armed
16 Services or Reserve Forces of the United States or a member of
17 the Illinois National Guard who is called to active duty
18 pursuant to an executive order of the President of the United
19 States, an act of the Congress of the United States, or an
20 order of the Governor.
21 (Source: P.A. 103-8, eff. 7-1-23; 103-605, eff. 7-1-24;
22 103-872, eff. 1-1-25; revised 11-26-24.)
23 (805 ILCS 8/5-6 rep.)
24 Section 10-70. The Franchise Tax and License Fee Amnesty
25 Act of 2007 is amended by repealing Section 5-6.
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1 Section 10-75. The Day and Temporary Labor Services Act is
2 amended by changing Section 80 as follows:
3 (820 ILCS 175/80)
4 Sec. 80. Child Labor and Day and Temporary Labor Services
5 Enforcement Fund. All moneys received as fees and civil
6 penalties under this Act shall be deposited into the Child
7 Labor and Day and Temporary Labor Services Enforcement Fund
8 and may be used for the purposes set forth in Section 75 17.3
9 of the Child Labor Law of 2024.
10 (Source: P.A. 98-463, eff. 8-16-13.)
11 Section 10-80. The Unemployment Insurance Act is amended
12 by changing Section 1403 as follows:
13 (820 ILCS 405/1403) (from Ch. 48, par. 553)
14 Sec. 1403. Financing benefits paid to state employees.
15 Benefits paid to individuals with respect to whom this State
16 or any of its wholly owned instrumentalities is the last
17 employer as provided in Section 1502.1 shall be financed by
18 appropriations to the Department of Employment Security.
19 The State Treasurer shall be liable on his general
20 official bond for the faithful performance of his duties with
21 regard to such moneys as may come into his hands by virtue of
22 this Section. Such liability on his official bond shall exist
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1 in addition to the liability upon any separate bond given by
2 him. All sums recovered for losses sustained by the clearing
3 account herein described shall be deposited therein.
4 In lieu of contributions required of other employers under
5 this Act, the State Treasurer shall transfer to and deposit in
6 the clearing account an amount equal to 100% of regular
7 benefits, including dependents' allowances, and 100% of
8 extended benefits, including dependents' allowances paid to an
9 individual, but only if the State: (a) is the last employer as
10 provided in Section 1502.1 and (b) paid, to the individual
11 receiving benefits, wages for insured work during his base
12 period. If the State meets the requirements of (a) but not (b),
13 it shall be required to make payments in an amount equal to 50%
14 of regular benefits, including dependents' allowances, and 50%
15 of extended benefits, including dependents' allowances, paid
16 to an individual.
17 Transfers On and after July 1, 2005, transfers to the
18 clearing account pursuant to this Section shall be made
19 directly from such funds and accounts as the appropriations to
20 the Department authorize, as designated by the Director. On
21 July 1, 2005, or as soon thereafter as may be reasonably
22 practicable, all remaining funds in the State Employees'
23 Unemployment Benefit Fund shall be transferred to the clearing
24 account, and, upon the transfer of those funds, the State
25 Employees' Unemployment Benefit Fund is abolished.
26 The Director shall ascertain the amount to be so
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1 transferred and deposited by the State Treasurer as soon as
2 practicable after the end of each calendar quarter. The
3 provisions of paragraphs 4 and 5 of Section 1404B shall be
4 applicable to a determination of the amount to be so
5 transferred and deposited. Such deposit shall be made by the
6 State Treasurer at such times and in such manner as the
7 Director may determine and direct.
8 Every department, institution, agency and instrumentality
9 of the State of Illinois shall make available to the Director
10 such information with respect to any individual who has
11 performed insured work for it as the Director may find
12 practicable and necessary for the determination of such
13 individual's rights under this Act. Each such department,
14 institution, agency and instrumentality shall file such
15 reports with the Director as he may by regulation prescribe.
16 (Source: P.A. 94-233, eff. 7-14-05.)
17 Article 20.
18 Section 20-5. The State Finance Act is amended by changing
19 Sections 5.565, 5.746, 5.770, 5.835, 5.841, 5.842, 5.847,
20 5.848, 5.853, 5.877, 5.880, 5.909, and 5.910 as follows:
21 (30 ILCS 105/5.565)
22 Sec. 5.565. The Chicago and Northeast Illinois District
23 Council of Carpenters Fund. This Section is repealed on
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1 January 1, 2026.
2 (Source: P.A. 92-477, eff. 1-1-02; 92-651, eff. 7-11-02.)
3 (30 ILCS 105/5.746)
4 Sec. 5.746. The United Auto Workers' Fund. This Section is
5 repealed on January 1, 2026.
6 (Source: P.A. 96-687, eff. 1-1-10; 96-1000, eff. 7-2-10.)
7 (30 ILCS 105/5.770)
8 Sec. 5.770. The 4-H Fund. This Section is repealed on
9 January 1, 2026.
10 (Source: P.A. 96-1449, eff. 1-1-11; 97-333, eff. 8-12-11.)
11 (30 ILCS 105/5.835)
12 Sec. 5.835. The National Wild Turkey Federation Fund. This
13 Section is repealed on January 1, 2026.
14 (Source: P.A. 98-66, eff. 1-1-14; 98-756, eff. 7-16-14.)
15 (30 ILCS 105/5.841)
16 Sec. 5.841. The American Red Cross Fund. This Section is
17 repealed on January 1, 2026.
18 (Source: P.A. 98-151, eff. 1-1-14; 98-756, eff. 7-16-14.)
19 (30 ILCS 105/5.842)
20 Sec. 5.842. The Illinois Police Benevolent and Protective
21 Association Fund. This Section is repealed on January 1, 2026.
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1 (Source: P.A. 98-233, eff. 1-1-14; 98-756, eff. 7-16-14.)
2 (30 ILCS 105/5.847)
3 Sec. 5.847. The Public Safety Diver Fund. This Section is
4 repealed on January 1, 2026.
5 (Source: P.A. 98-376, eff. 1-1-14; 98-756, eff. 7-16-14.)
6 (30 ILCS 105/5.848)
7 Sec. 5.848. The Committed to a Cure Fund. This Section is
8 repealed on January 1, 2026.
9 (Source: P.A. 98-382, eff. 1-1-14; 98-756, eff. 7-16-14.)
10 (30 ILCS 105/5.853)
11 Sec. 5.853. The Curing Childhood Cancer Fund. This Section
12 is repealed on January 1, 2026.
13 (Source: P.A. 98-66, eff. 1-1-14; 98-756, eff. 7-16-14.)
14 (30 ILCS 105/5.877)
15 Sec. 5.877. The Horsemen's Council of Illinois Fund. This
16 Section is repealed on January 1, 2026.
17 (Source: P.A. 100-78, eff. 1-1-18; 100-863, eff. 8-14-18.)
18 (30 ILCS 105/5.880)
19 Sec. 5.880. The Prostate Cancer Awareness Fund. This
20 Section is repealed on January 1, 2026.
21 (Source: P.A. 100-60, eff. 1-1-18; 100-863, eff. 8-14-18.)
HB1863 Enrolled - 148 - LRB104 10416 BDA 20491 b
1 (30 ILCS 105/5.909)
2 Sec. 5.909. The Theresa Tracy Trot-Illinois CancerCare
3 Foundation Fund. This Section is repealed on January 1, 2026.
4 (Source: P.A. 101-276, eff. 8-9-19; 102-558, eff. 8-20-21.)
5 (30 ILCS 105/5.910)
6 Sec. 5.910. The Developmental Disabilities Awareness Fund.
7 This Section is repealed on January 1, 2026.
8 (Source: P.A. 101-282, eff. 1-1-20; 102-558, eff. 8-20-21.)
9 (30 ILCS 105/5.579 rep.)
10 (30 ILCS 105/5.585 rep.)
11 Section 20-10. The State Finance Act is amended by
12 repealing Sections 5.579 and 5.585.
13 Section 20-15. The Illinois Vehicle Code is amended by
14 changing Sections 3-610.1, 3-652, 3-685, 3-694, 3-699,
15 3-699.1, 3-699.4, 3-699.5, 3-699.9, 3-699.10, and 3-699.14 as
16 follows:
17 (625 ILCS 5/3-610.1)
18 Sec. 3-610.1. Retired members of the Illinois
19 congressional delegation. Upon receipt of a request from a
20 retired member of the Illinois congressional delegation,
21 accompanied by the appropriate application and fee, the
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1 Secretary of State shall issue to the retired member special
2 registration plates bearing appropriate wording or
3 abbreviations indicating that the holder is a retired member
4 of the Illinois congressional delegation. The plates may be
5 issued for a 2-year period beginning January 1st of each
6 odd-numbered year and ending December 31st of the subsequent
7 even-numbered year. The special plates issued under this
8 Section shall be affixed only to passenger vehicles of the
9 first division, motorcycles, autocycles, and motor vehicles of
10 the second division weighing not more than 8,000 pounds.
11 An applicant shall be charged a $15 fee for original
12 issuance in addition to the applicable registration fee. This
13 additional fee shall be deposited into the Secretary of State
14 Special License Plate Fund. For each registration renewal
15 period, a $2 fee, in addition to the appropriate registration
16 fee, shall be charged and shall be deposited into the
17 Secretary of State Special License Plate Retired Members of
18 the Illinois Congressional Delegation Fund.
19 A retired member of the Illinois Congressional delegation
20 who has a disability as defined under Section 1-159.1 may
21 request one set of specialized plates which display the
22 International Symbol of Access and shall be subject to the
23 provisions within Section 3-616. The set of specialized plates
24 displaying the International Symbol of Access shall only be
25 issued along with the assignment of a corresponding disability
26 placard that must be displayed in the vehicle. The surviving
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1 spouse of the retired member shall not be entitled to retain
2 this plate.
3 "Retired member of the Illinois congressional delegation"
4 means any individual who has served as a member of the U.S.
5 Senate or U.S. House of Representatives representing the State
6 of Illinois. The term does not include an individual who is
7 serving in the U.S. Senate or U.S. House of Representatives.
8 (Source: P.A. 103-195, eff. 1-1-24; 103-843, eff. 1-1-25.)
9 (625 ILCS 5/3-652)
10 Sec. 3-652. Chicago and Northeast Illinois District
11 Council of Carpenters license plates.
12 (a) The Secretary, upon receipt of all applicable fees and
13 applications made in the form prescribed by the Secretary, may
14 issue special registration plates designated as Chicago and
15 Northeast Illinois District Council of Carpenters license
16 plates.
17 The special plates issued under this Section shall be
18 affixed only to passenger vehicles of the first division,
19 motorcycles, autocycles, or motor vehicles of the second
20 division weighing not more than 8,000 pounds.
21 Plates issued under this Section shall expire according to
22 the multi-year procedure established by Section 3-414.1 of
23 this Code.
24 (b) The design and color of the special plates shall be
25 wholly within the discretion of the Secretary. Appropriate
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1 documentation, as determined by the Secretary, shall accompany
2 each application. The Secretary may allow the plates to be
3 issued as vanity plates or personalized plates under Section
4 3-405.1 of this Code. The Secretary shall prescribe stickers
5 or decals as provided under Section 3-412 of this Code.
6 (c) An applicant for the special plate shall be charged a
7 $25 fee for original issuance in addition to the appropriate
8 registration fee. Of this fee, $10 shall be deposited into the
9 Chicago and Northeast Illinois District Council of Carpenters
10 Fund and $15 shall be deposited into the Secretary of State
11 Special License Plate Fund, to be used by the Secretary to help
12 defray the administrative processing costs.
13 For each registration renewal period, a $25 fee, in
14 addition to the appropriate registration fee, shall be
15 charged. Of this fee, $23 shall be deposited into the Chicago
16 and Northeast Illinois District Council of Carpenters Fund and
17 $2 shall be deposited into the Secretary of State Special
18 License Plate Fund.
19 (d) The Chicago and Northeast Illinois District Council of
20 Carpenters Fund is created as a special fund in the State
21 treasury. All moneys in the Chicago and Northeast Illinois
22 District Council of Carpenters Fund shall be paid, subject to
23 appropriation by the General Assembly and distribution by the
24 Secretary, as grants to charitable entities designated by the
25 Chicago and Northeast Illinois District Council of Carpenters.
26 (e) On July 1, 2025, or as soon thereafter as practical,
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1 the State Comptroller shall direct and the State Treasurer
2 shall transfer the remaining balance from the Chicago and
3 Northeast Illinois District Council of Carpenters Fund into
4 the Secretary of State Special License Plate Fund. Upon
5 completion of the transfer, the Chicago and Northeast Illinois
6 District Council of Carpenters Fund is dissolved, and any
7 future deposits due to that Fund and any outstanding
8 obligations or liabilities of that Fund shall pass to the
9 Secretary of State Special License Plate Fund.
10 (f) This Section is repealed on January 1, 2026.
11 (Source: P.A. 103-843, eff. 1-1-25.)
12 (625 ILCS 5/3-685)
13 Sec. 3-685. United Auto Workers license plates.
14 (a) The Secretary, upon receipt of all applicable fees and
15 applications made in the form prescribed by the Secretary, may
16 issue special registration plates designated as United Auto
17 Workers license plates. The special plates issued under this
18 Section shall be affixed only to passenger vehicles of the
19 first division, motorcycles, autocycles, or motor vehicles of
20 the second division weighing not more than 8,000 pounds.
21 Plates issued under this Section shall expire according to the
22 multi-year procedure established by Section 3-414.1 of this
23 Code.
24 (b) The design and color of the special plates shall be
25 wholly within the discretion of the Secretary. Appropriate
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1 documentation, as determined by the Secretary, shall accompany
2 each application. The Secretary may allow the plates to be
3 issued as vanity plates or personalized plates under Section
4 3-405.1 of this Code. The Secretary shall prescribe stickers
5 or decals as provided under Section 3-412 of this Code.
6 (c) An applicant for the special plate shall be charged a
7 $25 fee for original issuance in addition to the appropriate
8 registration fee. Of this fee, $10 shall be deposited into the
9 United Auto Workers' Fund and $15 shall be deposited into the
10 Secretary of State Special License Plate Fund, to be used by
11 the Secretary to help defray the administrative processing
12 costs.
13 For each registration renewal period, a $25 fee, in
14 addition to the appropriate registration fee, shall be
15 charged. Of this fee, $23 shall be deposited into the United
16 Auto Workers' Fund and $2 shall be deposited into the
17 Secretary of State Special License Plate Fund.
18 (d) The United Auto Workers' Fund is created as a special
19 fund in the State treasury. All moneys in the United Auto
20 Workers' Fund shall be paid, subject to appropriation by the
21 General Assembly and distribution by the Secretary, as grants
22 to charitable entities designated by Illinois local unions
23 affiliated with the United Auto Workers.
24 (e) On July 1, 2025, or as soon thereafter as practical,
25 the State Comptroller shall direct and the State Treasurer
26 shall transfer the remaining balance from the United Auto
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1 Workers' Fund into the Secretary of State Special License
2 Plate Fund. Upon completion of the transfer, the United Auto
3 Workers' Fund is dissolved, and any future deposits due to
4 that Fund and any outstanding obligations or liabilities of
5 that Fund shall pass to the Secretary of State Special License
6 Plate Fund.
7 (f) This Section is repealed on January 1, 2026.
8 (Source: P.A. 103-843, eff. 1-1-25.)
9 (625 ILCS 5/3-694)
10 Sec. 3-694. 4-H license plates.
11 (a) The Secretary, upon receipt of all applicable fees and
12 applications made in the form prescribed by the Secretary, may
13 issue special registration plates designated as 4-H license
14 plates. The special plates issued under this Section shall be
15 affixed only to passenger vehicles of the first division,
16 motorcycles, autocycles, and motor vehicles of the second
17 division weighing not more than 8,000 pounds. Plates issued
18 under this Section shall expire according to the multi-year
19 procedure established by Section 3-414.1 of this Code.
20 (b) The design and color of the plates is wholly within the
21 discretion of the Secretary of State. Appropriate
22 documentation, as determined by the Secretary, shall accompany
23 the application. The Secretary, in his or her discretion, may
24 allow the plates to be issued as vanity or personalized plates
25 under Section 3-405.1 of this Code. The Secretary shall
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1 prescribe stickers or decals as provided under Section 3-412
2 of this Code.
3 (c) An applicant for the special plate shall be charged a
4 $40 fee for original issuance in addition to the appropriate
5 registration fee. Of this fee, $25 shall be deposited into the
6 4-H Fund and $15 shall be deposited into the Secretary of State
7 Special License Plate Fund, to be used by the Secretary to help
8 defray the administrative processing costs.
9 For each registration renewal period, a $12 fee, in
10 addition to the appropriate registration fee, shall be
11 charged. Of this fee, $10 shall be deposited into the 4-H Fund
12 and $2 shall be deposited into the Secretary of State Special
13 License Plate Fund.
14 (d) The 4-H Fund is created as a special fund in the State
15 treasury. All money in the 4-H Fund shall be paid, subject to
16 appropriation by the General Assembly and distribution by the
17 Secretary of State, as grants to the Illinois 4-H Foundation,
18 a tax-exempt tax exempt entity under Section 501(c)(3) of the
19 Internal Revenue Code, for the funding of 4-H programs in
20 Illinois.
21 (e) On July 1, 2025, or as soon thereafter as practical,
22 the State Comptroller shall direct and the State Treasurer
23 shall transfer the remaining balance from the 4-H Fund into
24 the Secretary of State Special License Plate Fund. Upon
25 completion of the transfer, the 4-H Fund is dissolved, and any
26 future deposits due to that Fund and any outstanding
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1 obligations or liabilities of that Fund shall pass to the
2 Secretary of State Special License Plate Fund.
3 (f) This Section is repealed on January 1, 2026.
4 (Source: P.A. 103-843, eff. 1-1-25.)
5 (625 ILCS 5/3-699)
6 Sec. 3-699. National Wild Turkey Federation license
7 plates.
8 (a) The Secretary, upon receipt of all applicable fees and
9 applications made in the form prescribed by the Secretary, may
10 issue special registration plates designated as National Wild
11 Turkey Federation license plates. The special plates issued
12 under this Section shall be affixed only to passenger vehicles
13 of the first division, motorcycles, autocycles, or motor
14 vehicles of the second division weighing not more than 8,000
15 pounds. Plates issued under this Section shall expire
16 according to the multi-year procedure established by Section
17 3-414.1 of this Code.
18 (b) The design and color of the special plates shall be
19 wholly within the discretion of the Secretary. The Secretary
20 may allow the plates to be issued as vanity plates or
21 personalized plates under Section 3-405.1 of this Code. The
22 Secretary shall prescribe stickers or decals as provided under
23 Section 3-412 of this Code.
24 (c) An applicant for the special plate shall be charged a
25 $40 fee for original issuance in addition to the appropriate
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1 registration fee. Of this fee, $25 shall be deposited into the
2 National Wild Turkey Federation Fund and $15 shall be
3 deposited into the Secretary of State Special License Plate
4 Fund, to be used by the Secretary to help defray the
5 administrative processing costs.
6 For each registration renewal period, a $27 fee, in
7 addition to the appropriate registration fee, shall be
8 charged. Of this fee, $25 shall be deposited into the National
9 Wild Turkey Federation Fund and $2 shall be deposited into the
10 Secretary of State Special License Plate Fund.
11 (d) The National Wild Turkey Federation Fund is created as
12 a special fund in the State treasury. All moneys in the
13 National Wild Turkey Federation Fund shall be paid, subject to
14 appropriation by the General Assembly and distribution by the
15 Secretary, as grants to National Wild Turkey Federation, Inc.,
16 a tax-exempt tax exempt entity under Section 501(c)(3) of the
17 Internal Revenue Code, to fund turkey habitat protection,
18 enhancement, and restoration projects in the State of
19 Illinois, to fund education and outreach for media,
20 volunteers, members, and the general public regarding turkeys
21 and turkey habitat conservation in the State of Illinois, and
22 to cover the reasonable cost for National Wild Turkey
23 Federation special plate advertising and administration of the
24 conservation projects and education program.
25 (e) On July 1, 2025, or as soon thereafter as practical,
26 the State Comptroller shall direct and the State Treasurer
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1 shall transfer the remaining balance from the National Wild
2 Turkey Federation Fund into the Secretary of State Special
3 License Plate Fund. Upon completion of the transfer, the
4 National Wild Turkey Federation Fund is dissolved, and any
5 future deposits due to that Fund and any outstanding
6 obligations or liabilities of that Fund shall pass to the
7 Secretary of State Special License Plate Fund.
8 (f) This Section is repealed on January 1, 2026.
9 (Source: P.A. 103-843, eff. 1-1-25.)
10 (625 ILCS 5/3-699.1)
11 Sec. 3-699.1. Curing Childhood Cancer Plates.
12 (a) The Secretary, upon receipt of all applicable fees and
13 applications made in the form prescribed by the Secretary, may
14 issue special registration plates designated as Curing
15 Childhood Cancer license plates. The special plates issued
16 under this Section shall be affixed only to passenger vehicles
17 of the first division, motorcycles, autocycles, or motor
18 vehicles of the second division weighing not more than 8,000
19 pounds. Plates issued under this Section shall expire
20 according to the multi-year procedure established by Section
21 3-414.1 of this Code.
22 (b) The design and color of the special plates shall be
23 wholly within the discretion of the Secretary. Appropriate
24 documentation, as determined by the Secretary, shall accompany
25 each application.
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1 (c) An applicant for the special plate shall be charged a
2 $65 fee for original issuance in addition to the appropriate
3 registration fee. Of this fee, $50 shall be deposited into the
4 Curing Childhood Cancer Fund and $15 shall be deposited into
5 the Secretary of State Special License Plate Fund, to be used
6 by the Secretary to help defray the administrative processing
7 costs. For each registration renewal period, a $52 fee, in
8 addition to the appropriate registration fee, shall be
9 charged. Of this fee, $50 shall be deposited into the Curing
10 Childhood Cancer Fund and $2 shall be deposited into the
11 Secretary of State Special License Plate Fund.
12 (d) The Curing Childhood Cancer Fund is created as a
13 special fund in the State treasury. All money in the Curing
14 Childhood Cancer Fund shall be paid, subject to appropriation
15 by the General Assembly and distribution by the Secretary, in
16 equal share as grants to the St. Jude Children's Research
17 Hospital and the Children's Oncology Group for the purpose of
18 funding scientific research on cancer.
19 (e) On July 1, 2025, or as soon thereafter as practical,
20 the State Comptroller shall direct and the State Treasurer
21 shall transfer the remaining balance from the Curing Childhood
22 Cancer Fund into the Secretary of State Special License Plate
23 Fund. Upon completion of the transfer, the Curing Childhood
24 Cancer Fund is dissolved, and any future deposits due to that
25 Fund and any outstanding obligations or liabilities of that
26 Fund shall pass to the Secretary of State Special License
HB1863 Enrolled - 160 - LRB104 10416 BDA 20491 b
1 Plate Fund.
2 (f) This Section is repealed on January 1, 2026.
3 (Source: P.A. 103-843, eff. 1-1-25.)
4 (625 ILCS 5/3-699.4)
5 Sec. 3-699.4. American Red Cross license plates.
6 (a) The Secretary, upon receipt of all applicable fees and
7 applications made in the form prescribed by the Secretary, may
8 issue special registration plates designated as American Red
9 Cross license plates. The special plates issued under this
10 Section shall be affixed only to passenger vehicles of the
11 first division, motorcycles, autocycles, or motor vehicles of
12 the second division weighing not more than 8,000 pounds.
13 Plates issued under this Section shall expire according to the
14 multi-year procedure established by Section 3-414.1 of this
15 Code.
16 (b) The design and color of the special plates shall be
17 within the discretion of the Secretary, but shall include the
18 American Red Cross official logo. Appropriate documentation,
19 as determined by the Secretary, shall accompany each
20 application. The Secretary may allow the plates to be issued
21 as vanity plates or personalized plates under Section 3-405.1
22 of this Code. The Secretary shall prescribe stickers or decals
23 as provided under Section 3-412 of this Code.
24 (c) An applicant for the special plate shall be charged a
25 $40 fee for original issuance in addition to the appropriate
HB1863 Enrolled - 161 - LRB104 10416 BDA 20491 b
1 registration fee. Of this fee, $25 shall be deposited into the
2 American Red Cross Fund and $15 shall be deposited into the
3 Secretary of State Special License Plate Fund, to be used by
4 the Secretary to help defray the administrative processing
5 costs. For each registration renewal period, a $27 fee, in
6 addition to the appropriate registration fee, shall be
7 charged. Of this fee, $25 shall be deposited into the American
8 Red Cross Fund and $2 shall be deposited into the Secretary of
9 State Special License Plate Fund.
10 (d) The American Red Cross Fund is created as a special
11 fund in the State treasury. All moneys in the American Red
12 Cross Fund shall be paid, subject to appropriation by the
13 General Assembly and distribution by the Secretary, as grants
14 to the American Red Cross or to charitable entities designated
15 by the American Red Cross.
16 (e) 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 American Red
19 Cross Fund into the Secretary of State Special License Plate
20 Fund. Upon completion of the transfer, the American Red Cross
21 Fund is dissolved, and any future deposits due to that Fund and
22 any outstanding obligations or liabilities of that Fund shall
23 pass to the Secretary of State Special License Plate Fund.
24 (f) This Section is repealed on January 1, 2026.
25 (Source: P.A. 103-843, eff. 1-1-25.)
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1 (625 ILCS 5/3-699.5)
2 Sec. 3-699.5. Illinois Police Benevolent and Protective
3 Association license plates.
4 (a) The Secretary, upon receipt of an application made in
5 the form prescribed by the Secretary, may issue special
6 registration plates designated as Illinois Police Benevolent
7 and Protective Association license plates. The special plates
8 issued under this Section shall be affixed only to passenger
9 vehicles of the first division, motorcycles, autocycles, and
10 motor vehicles of the second division weighing not more than
11 8,000 pounds. Plates issued under this Section shall expire
12 according to the multi-year procedure established by Section
13 3-414.1 of this Code.
14 (b) The design and color of the plates is wholly within the
15 discretion of the Secretary. The Secretary may allow the
16 plates to be issued as vanity plates or personalized under
17 Section 3-405.1 of the Code. The Secretary shall prescribe
18 stickers or decals as provided under Section 3-412 of this
19 Code. The Secretary may, in his or her discretion, allow the
20 plates to be issued as vanity or personalized plates in
21 accordance with Section 3-405.1 of this Code.
22 (c) An applicant for the special plate shall be charged a
23 $25 fee for original issuance in addition to the appropriate
24 registration fee. Of this fee, $10 shall be deposited into the
25 Illinois Police Benevolent and Protective Association Fund and
26 $15 shall be deposited into the Secretary of State Special
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1 License Plate Fund, to be used by the Secretary to help defray
2 the administrative processing costs.
3 For each registration renewal period, a $25 fee, in
4 addition to the appropriate registration fee, shall be
5 charged. Of this fee, $23 shall be deposited into the Illinois
6 Police Benevolent and Protective Association Fund and $2 shall
7 be deposited into the Secretary of State Special License Plate
8 Fund.
9 (d) The Illinois Police Benevolent and Protective
10 Association Fund is created as a special fund in the State
11 treasury. All money in the Illinois Police Benevolent and
12 Protective Association Fund shall be paid, subject to
13 appropriation by the General Assembly and distribution by the
14 Secretary, as grants to the Illinois Police Benevolent and
15 Protective Association for the purposes of providing death
16 benefits for the families of police officers killed in the
17 line of duty, providing scholarships for undergraduate study
18 to children and spouses of police officers killed in the line
19 of duty, and educating the public and police officers
20 regarding policing and public safety.
21 (e) On July 1, 2025, or as soon thereafter as practical,
22 the State Comptroller shall direct and the State Treasurer
23 shall transfer the remaining balance from the Illinois Police
24 Benevolent and Protective Association Fund into the Secretary
25 of State Special License Plate Fund. Upon completion of the
26 transfer, the Illinois Police Benevolent and Protective
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1 Association Fund is dissolved, and any future deposits due to
2 that Fund and any outstanding obligations or liabilities of
3 that Fund shall pass to the Secretary of State Special License
4 Plate Fund.
5 (f) This Section is repealed on January 1, 2026.
6 (Source: P.A. 103-843, eff. 1-1-25.)
7 (625 ILCS 5/3-699.9)
8 Sec. 3-699.9. Public Safety Diver license plates.
9 (a) The Secretary, upon receipt of an application made in
10 the form prescribed by the Secretary of State, may issue
11 special registration plates designated to be Public Safety
12 Diver license plates. The special plates issued under this
13 Section shall be affixed only to passenger vehicles of the
14 first division, motorcycle, autocycles, motor vehicles of the
15 second division weighing not more than 8,000 pounds, and
16 recreational vehicles as defined by Section 1-169 of this
17 Code. Plates issued under this Section shall expire according
18 to the multi-year procedure established by Section 3-414.1 of
19 this Code.
20 (b) The design and color of the plates shall be wholly
21 within the discretion of the Secretary of State. Appropriate
22 documentation, as determined by the Secretary, shall accompany
23 the application. The Secretary may, in his or her discretion,
24 allow the plates to be issued as vanity or personalized plates
25 in accordance with Section 3-405.1 of this Code.
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1 (c) An applicant shall be charged a $45 fee for original
2 issuance in addition to the appropriate registration fee, if
3 applicable. Of this fee, $30 shall be deposited into the
4 Public Safety Diver Fund and $15 shall be deposited into the
5 Secretary of State Special License Plate Fund. For each
6 registration renewal period, a $27 fee, in addition to the
7 appropriate registration fee, shall be charged. Of this fee,
8 $25 shall be deposited into the Public Safety Diver Fund and $2
9 shall be deposited into the Secretary of State Special License
10 Plate Fund.
11 (d) The Public Safety Diver Fund is created as a special
12 fund in the State treasury. All moneys in the Public Safety
13 Diver Fund shall be paid, subject to appropriation by the
14 General Assembly and distribution by the Secretary, to the
15 Illinois Law Enforcement Training Standards Board for the
16 purposes of providing grants based on need for training,
17 standards, and equipment to public safety disciplines within
18 the State and to units of local government involved in public
19 safety diving and water rescue services.
20 (e) The Public Safety Diver Advisory Committee shall
21 recommend grant rewards with the intent of achieving
22 reasonably equitable distribution of funds between police,
23 firefighting, and public safety diving services making
24 application for grants under this Section.
25 (f) The administrative costs related to management of
26 grants made from the Public Safety Diver Fund shall be paid
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1 from the Public Safety Diver Fund to the Illinois Law
2 Enforcement Training Standards Board.
3 (g) On July 1, 2025, or as soon thereafter as practical,
4 the State Comptroller shall direct and the State Treasurer
5 shall transfer the remaining balance from the Public Safety
6 Diver Fund into the Secretary of State Special License Plate
7 Fund. Upon completion of the transfer, the Public Safety Diver
8 Fund is dissolved, and any future deposits due to that Fund and
9 any outstanding obligations or liabilities of that Fund shall
10 pass to the Secretary of State Special License Plate Fund.
11 (h) This Section is repealed on January 1, 2026.
12 (Source: P.A. 103-843, eff. 1-1-25.)
13 (625 ILCS 5/3-699.10)
14 Sec. 3-699.10. The H Foundation - Committed to a Cure for
15 Cancer plates.
16 (a) The Secretary, upon receipt of all applicable fees and
17 applications made in the form prescribed by the Secretary, may
18 issue special registration plates designated as The H
19 Foundation - Committed to a Cure for Cancer license plates.
20 The special plates issued under this Section shall be affixed
21 only to passenger vehicles of the first division, motorcycles,
22 autocycles, or motor vehicles of the second division weighing
23 not more than 8,000 pounds. Plates issued under this Section
24 shall expire according to the multi-year procedure established
25 by Section 3-414.1 of this Code.
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1 (b) The design and color of the special plates shall be
2 wholly within the discretion of the Secretary. Appropriate
3 documentation, as determined by the Secretary, shall accompany
4 each application.
5 (c) An applicant for the special plate shall be charged a
6 $40 fee for original issuance in addition to the appropriate
7 registration fee. Of this fee, $25 shall be deposited into the
8 Committed to a Cure Fund and $15 shall be deposited into the
9 Secretary of State Special License Plate Fund, to be used by
10 the Secretary to help defray the administrative processing
11 costs. For each registration renewal period, a $27 fee, in
12 addition to the appropriate registration fee, shall be
13 charged. Of this fee, $25 shall be deposited into the
14 Committed to a Cure Fund and $2 shall be deposited into the
15 Secretary of State Special License Plate Fund.
16 (d) The Committed to a Cure Fund is created as a special
17 fund in the State treasury. All money in the Committed to a
18 Cure Fund shall be paid, subject to appropriation by the
19 General Assembly and distribution by the Secretary, as grants
20 to the Robert H. Lurie Comprehensive Cancer Center of
21 Northwestern University for the purpose of funding scientific
22 research on cancer.
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 Committed to a
26 Cure Fund into the Secretary of State Special License Plate
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1 Fund. Upon completion of the transfer, the Committed to a Cure
2 Fund is dissolved, and any future deposits due to that Fund and
3 any outstanding obligations or liabilities of that Fund shall
4 pass to the Secretary of State Special License Plate Fund.
5 (f) This Section is repealed on January 1, 2026.
6 (Source: P.A. 103-843, eff. 1-1-25.)
7 (625 ILCS 5/3-699.14)
8 Sec. 3-699.14. Universal special license plates.
9 (a) In addition to any other special license plate, the
10 Secretary, upon receipt of all applicable fees and
11 applications made in the form prescribed by the Secretary, may
12 issue Universal special license plates to residents of
13 Illinois on behalf of organizations that have been authorized
14 by the General Assembly to issue decals for Universal special
15 license plates. Appropriate documentation, as determined by
16 the Secretary, shall accompany each application. Authorized
17 organizations shall be designated by amendment to this
18 Section. When applying for a Universal special license plate
19 the applicant shall inform the Secretary of the name of the
20 authorized organization from which the applicant will obtain a
21 decal to place on the plate. The Secretary shall make a record
22 of that organization and that organization shall remain
23 affiliated with that plate until the plate is surrendered,
24 revoked, or otherwise cancelled. The authorized organization
25 may charge a fee to offset the cost of producing and
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1 distributing the decal, but that fee shall be retained by the
2 authorized organization and shall be separate and distinct
3 from any registration fees charged by the Secretary. No decal,
4 sticker, or other material may be affixed to a Universal
5 special license plate other than a decal authorized by the
6 General Assembly in this Section or a registration renewal
7 sticker. The special plates issued under this Section shall be
8 affixed only to passenger vehicles of the first division,
9 including motorcycles and autocycles, or motor vehicles of the
10 second division weighing not more than 8,000 pounds. Plates
11 issued under this Section shall expire according to the
12 multi-year procedure under Section 3-414.1 of this Code.
13 (b) The design, color, and format of the Universal special
14 license plate shall be wholly within the discretion of the
15 Secretary. Universal special license plates are not required
16 to designate "Land of Lincoln", as prescribed in subsection
17 (b) of Section 3-412 of this Code. The design shall allow for
18 the application of a decal to the plate. Organizations
19 authorized by the General Assembly to issue decals for
20 Universal special license plates shall comply with rules
21 adopted by the Secretary governing the requirements for and
22 approval of Universal special license plate decals. The
23 Secretary may, in his or her discretion, allow Universal
24 special license plates to be issued as vanity or personalized
25 plates in accordance with Section 3-405.1 of this Code. The
26 Secretary of State must make a version of the special
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1 registration plates authorized under this Section in a form
2 appropriate for motorcycles and autocycles.
3 (c) When authorizing a Universal special license plate,
4 the General Assembly shall set forth whether an additional fee
5 is to be charged for the plate and, if a fee is to be charged,
6 the amount of the fee and how the fee is to be distributed.
7 When necessary, the authorizing language shall create a
8 special fund in the State treasury into which fees may be
9 deposited for an authorized Universal special license plate.
10 Additional fees may only be charged if the fee is to be paid
11 over to a State agency or to a charitable entity that is in
12 compliance with the registration and reporting requirements of
13 the Charitable Trust Act and the Solicitation for Charity Act.
14 Any charitable entity receiving fees for the sale of Universal
15 special license plates shall annually provide the Secretary of
16 State a letter of compliance issued by the Attorney General
17 verifying that the entity is in compliance with the Charitable
18 Trust Act and the Solicitation for Charity Act.
19 (d) Upon original issuance and for each registration
20 renewal period, in addition to the appropriate registration
21 fee, if applicable, the Secretary shall collect any additional
22 fees, if required, for issuance of Universal special license
23 plates. The fees shall be collected on behalf of the
24 organization designated by the applicant when applying for the
25 plate. All fees collected shall be transferred to the State
26 agency on whose behalf the fees were collected, or paid into
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1 the special fund designated in the law authorizing the
2 organization to issue decals for Universal special license
3 plates. All money in the designated fund shall be distributed
4 by the Secretary subject to appropriation by the General
5 Assembly.
6 (e) The following organizations may issue decals for
7 Universal special license plates with the original and renewal
8 fees and fee distribution as follows:
9 (1) The Illinois Department of Natural Resources.
10 (A) Original issuance: $25; with $10 to the
11 Roadside Monarch Habitat Fund and $15 to the Secretary
12 of State Special License Plate Fund.
13 (B) Renewal: $25; with $23 to the Roadside Monarch
14 Habitat Fund and $2 to the Secretary of State Special
15 License Plate Fund.
16 (2) Illinois Veterans' Homes.
17 (A) Original issuance: $26, which shall be
18 deposited into the Illinois Veterans' Homes Fund.
19 (B) Renewal: $26, which shall be deposited into
20 the Illinois Veterans' Homes Fund.
21 (3) The Illinois Department of Human Services for
22 volunteerism decals.
23 (A) Original issuance: $25, which shall be
24 deposited into the Secretary of State Special License
25 Plate Fund.
26 (B) Renewal: $25, which shall be deposited into
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1 the Secretary of State Special License Plate Fund.
2 (4) (Blank). The Illinois Department of Public Health.
3 (A) Original issuance: $25; with $10 to the
4 Prostate Cancer Awareness Fund and $15 to the
5 Secretary of State Special License Plate Fund.
6 (B) Renewal: $25; with $23 to the Prostate Cancer
7 Awareness Fund and $2 to the Secretary of State
8 Special License Plate Fund.
9 (5) (Blank). Horsemen's Council of Illinois.
10 (A) Original issuance: $25; with $10 to the
11 Horsemen's Council of Illinois Fund and $15 to the
12 Secretary of State Special License Plate Fund.
13 (B) Renewal: $25; with $23 to the Horsemen's
14 Council of Illinois Fund and $2 to the Secretary of
15 State Special License Plate Fund.
16 (6) K9s for Veterans, NFP.
17 (A) Original issuance: $25; with $10 to the
18 Post-Traumatic Stress Disorder Awareness Fund and $15
19 to the Secretary of State Special License Plate Fund.
20 (B) Renewal: $25; with $23 to the Post-Traumatic
21 Stress Disorder Awareness Fund and $2 to the Secretary
22 of State Special License Plate Fund.
23 (7) The International Association of Machinists and
24 Aerospace Workers.
25 (A) Original issuance: $35; with $20 to the Guide
26 Dogs of America Fund and $15 to the Secretary of State
HB1863 Enrolled - 173 - LRB104 10416 BDA 20491 b
1 Special License Plate Fund.
2 (B) Renewal: $25; with $23 going to the Guide Dogs
3 of America Fund and $2 to the Secretary of State
4 Special License Plate Fund.
5 (8) Local Lodge 701 of the International Association
6 of Machinists and Aerospace Workers.
7 (A) Original issuance: $35; with $10 to the Guide
8 Dogs of America Fund, $10 to the Mechanics Training
9 Fund, and $15 to the Secretary of State Special
10 License Plate Fund.
11 (B) Renewal: $30; with $13 to the Guide Dogs of
12 America Fund, $15 to the Mechanics Training Fund, and
13 $2 to the Secretary of State Special License Plate
14 Fund.
15 (9) (Blank). Illinois Department of Human Services.
16 (A) Original issuance: $25; with $10 to the
17 Theresa Tracy Trot - Illinois CancerCare Foundation
18 Fund and $15 to the Secretary of State Special License
19 Plate Fund.
20 (B) Renewal: $25; with $23 to the Theresa Tracy
21 Trot - Illinois CancerCare Foundation Fund and $2 to
22 the Secretary of State Special License Plate Fund.
23 (10) (Blank). The Illinois Department of Human
24 Services for developmental disabilities awareness decals.
25 (A) Original issuance: $25; with $10 to the
26 Developmental Disabilities Awareness Fund and $15 to
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1 the Secretary of State Special License Plate Fund.
2 (B) Renewal: $25; with $23 to the Developmental
3 Disabilities Awareness Fund and $2 to the Secretary of
4 State Special License Plate Fund.
5 (11) The Illinois Department of Human Services for
6 pediatric cancer awareness decals.
7 (A) Original issuance: $25; with $10 to the
8 Pediatric Cancer Awareness Fund and $15 to the
9 Secretary of State Special License Plate Fund.
10 (B) Renewal: $25; with $23 to the Pediatric Cancer
11 Awareness Fund and $2 to the Secretary of State
12 Special License Plate Fund.
13 (12) The Department of Veterans' Affairs for Fold of
14 Honor decals.
15 (A) Original issuance: $25; with $10 to the Folds
16 of Honor Foundation Fund and $15 to the Secretary of
17 State Special License Plate Fund.
18 (B) Renewal: $25; with $23 to the Folds of Honor
19 Foundation Fund and $2 to the Secretary of State
20 Special License Plate Fund.
21 (13) The Illinois chapters of the Experimental
22 Aircraft Association for aviation enthusiast decals.
23 (A) Original issuance: $25; with $10 to the
24 Experimental Aircraft Association Fund and $15 to the
25 Secretary of State Special License Plate Fund.
26 (B) Renewal: $25; with $23 to the Experimental
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1 Aircraft Association Fund and $2 to the Secretary of
2 State Special License Plate Fund.
3 (14) The Illinois Department of Human Services for
4 Child Abuse Council of the Quad Cities decals.
5 (A) Original issuance: $25; with $10 to the Child
6 Abuse Council of the Quad Cities Fund and $15 to the
7 Secretary of State Special License Plate Fund.
8 (B) Renewal: $25; with $23 to the Child Abuse
9 Council of the Quad Cities Fund and $2 to the Secretary
10 of State Special License Plate Fund.
11 (15) The Illinois Department of Public Health for
12 health care worker decals.
13 (A) Original issuance: $25; with $10 to the
14 Illinois Health Care Workers Benefit Fund, and $15 to
15 the Secretary of State Special License Plate Fund.
16 (B) Renewal: $25; with $23 to the Illinois Health
17 Care Workers Benefit Fund and $2 to the Secretary of
18 State Special License Plate Fund.
19 (16) The Department of Agriculture for Future Farmers
20 of America decals.
21 (A) Original issuance: $25; with $10 to the Future
22 Farmers of America Fund and $15 to the Secretary of
23 State Special License Plate Fund.
24 (B) Renewal: $25; with $23 to the Future Farmers
25 of America Fund and $2 to the Secretary of State
26 Special License Plate Fund.
HB1863 Enrolled - 176 - LRB104 10416 BDA 20491 b
1 (17) The Illinois Department of Public Health for
2 autism awareness decals that are designed with input from
3 autism advocacy organizations.
4 (A) Original issuance: $25; with $10 to the Autism
5 Awareness Fund and $15 to the Secretary of State
6 Special License Plate Fund.
7 (B) Renewal: $25; with $23 to the Autism Awareness
8 Fund and $2 to the Secretary of State Special License
9 Plate Fund.
10 (18) The Department of Natural Resources for Lyme
11 disease research decals.
12 (A) Original issuance: $25; with $10 to the Tick
13 Research, Education, and Evaluation Fund and $15 to
14 the Secretary of State Special License Plate Fund.
15 (B) Renewal: $25; with $23 to the Tick Research,
16 Education, and Evaluation Fund and $2 to the Secretary
17 of State Special License Plate Fund.
18 (19) The IBEW Thank a Line Worker decal.
19 (A) Original issuance: $15, which shall be
20 deposited into the Secretary of State Special License
21 Plate Fund.
22 (B) Renewal: $2, which shall be deposited into the
23 Secretary of State Special License Plate Fund.
24 (20) An Illinois chapter of the Navy Club for Navy
25 Club decals.
26 (A) Original issuance: $5; which shall be
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1 deposited into the Navy Club Fund.
2 (B) Renewal: $18; which shall be deposited into
3 the Navy Club Fund.
4 (21) (20) An Illinois chapter of the International
5 Brotherhood of Electrical Workers for International
6 Brotherhood of Electrical Workers decal.
7 (A) Original issuance: $25; with $10 to the
8 International Brotherhood of Electrical Workers Fund
9 and $15 to the Secretary of State Special License
10 Plate Fund.
11 (B) Renewal: $25; with $23 to the International
12 Brotherhood of Electrical Workers Fund and $2 to the
13 Secretary of State Special License Plate Fund.
14 (22) (20) The 100 Club of Illinois decal.
15 (A) Original issuance: $45; with $30 to the 100
16 Club of Illinois Fund and $15 to the Secretary of State
17 Special License Plate Fund.
18 (B) Renewal: $27; with $25 to the 100 Club of
19 Illinois Fund and $2 to the Secretary of State Special
20 License Plate Fund.
21 (23) (20) The Illinois USTA/Midwest Youth Tennis
22 Foundation decal.
23 (A) Original issuance: $40; with $25 to the
24 Illinois USTA/Midwest Youth Tennis Foundation Fund and
25 $15 to the Secretary of State Special License Plate
26 Fund.
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1 (B) Renewal: $40; with $38 to the Illinois
2 USTA/Midwest Youth Tennis Foundation Fund and $2 to
3 the Secretary of State Special License Plate Fund.
4 (24) (20) The Sons of the American Legion decal.
5 (A) Original issuance: $25; with $10 to the Sons
6 of the American Legion Fund and $15 to the Secretary of
7 State Special License Plate Fund.
8 (B) Renewal: $25; with $23 to the Sons of the
9 American Legion Fund and $2 to the Secretary of State
10 Special License Plate Fund.
11 (f) The following funds are created as special funds in
12 the State treasury:
13 (1) The Roadside Monarch Habitat Fund. All money in
14 the Roadside Monarch Habitat Fund shall be paid as grants
15 to the Illinois Department of Natural Resources to fund
16 roadside monarch and other pollinator habitat development,
17 enhancement, and restoration projects in this State.
18 (2) (Blank). The Prostate Cancer Awareness Fund. All
19 money in the Prostate Cancer Awareness Fund shall be paid
20 as grants to the Prostate Cancer Foundation of Chicago.
21 (3) (Blank). The Horsemen's Council of Illinois Fund.
22 All money in the Horsemen's Council of Illinois Fund shall
23 be paid as grants to the Horsemen's Council of Illinois.
24 (4) The Post-Traumatic Stress Disorder Awareness Fund.
25 All money in the Post-Traumatic Stress Disorder Awareness
26 Fund shall be paid as grants to K9s for Veterans, NFP for
HB1863 Enrolled - 179 - LRB104 10416 BDA 20491 b
1 support, education, and awareness of veterans with
2 post-traumatic stress disorder.
3 (5) The Guide Dogs of America Fund. All money in the
4 Guide Dogs of America Fund shall be paid as grants to the
5 International Guiding Eyes, Inc., doing business as Guide
6 Dogs of America.
7 (6) The Mechanics Training Fund. All money in the
8 Mechanics Training Fund shall be paid as grants to the
9 Mechanics Local 701 Training Fund.
10 (7) (Blank). The Theresa Tracy Trot - Illinois
11 CancerCare Foundation Fund. All money in the Theresa Tracy
12 Trot - Illinois CancerCare Foundation Fund shall be paid
13 to the Illinois CancerCare Foundation for the purpose of
14 furthering pancreatic cancer research.
15 (8) (Blank). The Developmental Disabilities Awareness
16 Fund. All money in the Developmental Disabilities
17 Awareness Fund shall be paid as grants to the Illinois
18 Department of Human Services to fund legal aid groups to
19 assist with guardianship fees for private citizens willing
20 to become guardians for individuals with developmental
21 disabilities but who are unable to pay the legal fees
22 associated with becoming a guardian.
23 (9) The Pediatric Cancer Awareness Fund. All money in
24 the Pediatric Cancer Awareness Fund shall be paid as
25 grants to the Cancer Center at Illinois for pediatric
26 cancer treatment and research.
HB1863 Enrolled - 180 - LRB104 10416 BDA 20491 b
1 (10) The Folds of Honor Foundation Fund. All money in
2 the Folds of Honor Foundation Fund shall be paid as grants
3 to the Folds of Honor Foundation to aid in providing
4 educational scholarships to military families.
5 (11) The Experimental Aircraft Association Fund. All
6 money in the Experimental Aircraft Association Fund shall
7 be paid, subject to appropriation by the General Assembly
8 and distribution by the Secretary, as grants to promote
9 recreational aviation.
10 (12) The Child Abuse Council of the Quad Cities Fund.
11 All money in the Child Abuse Council of the Quad Cities
12 Fund shall be paid as grants to benefit the Child Abuse
13 Council of the Quad Cities.
14 (13) The Illinois Health Care Workers Benefit Fund.
15 All money in the Illinois Health Care Workers Benefit Fund
16 shall be paid as grants to the Trinity Health Foundation
17 for the benefit of health care workers, doctors, nurses,
18 and others who work in the health care industry in this
19 State.
20 (14) The Future Farmers of America Fund. All money in
21 the Future Farmers of America Fund shall be paid as grants
22 to the Illinois Association of Future Farmers of America.
23 (15) The Tick Research, Education, and Evaluation
24 Fund. All money in the Tick Research, Education, and
25 Evaluation Fund shall be paid as grants to the Illinois
26 Lyme Association.
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1 (16) The Navy Club Fund. All money in the Navy Club
2 Fund shall be paid as grants to any local chapter of the
3 Navy Club that is located in this State.
4 (17) (16) The International Brotherhood of Electrical
5 Workers Fund. All money in the International Brotherhood
6 of Electrical Workers Fund shall be paid as grants to any
7 local chapter of the International Brotherhood of
8 Electrical Workers that is located in this State.
9 (18) (16) The 100 Club of Illinois Fund. All money in
10 the 100 Club of Illinois Fund shall be paid as grants to
11 the 100 Club of Illinois for the purpose of giving
12 financial support to children and spouses of first
13 responders killed in the line of duty and mental health
14 resources for active duty first responders.
15 (19) (16) The Illinois USTA/Midwest Youth Tennis
16 Foundation Fund. All money in the Illinois USTA/Midwest
17 Youth Tennis Foundation Fund shall be paid as grants to
18 Illinois USTA/Midwest Youth Tennis Foundation to aid
19 USTA/Midwest districts in the State with exposing youth to
20 the game of tennis.
21 (20) (16) The Sons of the American Legion Fund. All
22 money in the Sons of the American Legion Fund shall be paid
23 as grants to the Illinois Detachment of the Sons of the
24 American Legion.
25 (g) The following funds are dissolved on July 1, 2025:
26 (1) The Prostate Cancer Awareness Fund.
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1 (2) The Horsemen's Council of Illinois Fund.
2 (3) The Theresa Tracy Trot-Illinois CancerCare
3 Foundation Fund.
4 (4) The Developmental Disabilities Awareness Fund.
5 (Source: P.A. 102-383, eff. 1-1-22; 102-422, eff. 8-20-21;
6 102-423, eff. 8-20-21; 102-515, eff. 1-1-22; 102-558, eff.
7 8-20-21; 102-809, eff. 1-1-23; 102-813, eff. 5-13-22; 103-112,
8 eff. 1-1-24; 103-163, eff. 1-1-24; 103-349, eff. 1-1-24;
9 103-605, eff. 7-1-24; 103-664, eff. 1-1-25; 103-665, eff.
10 1-1-25; 103-855, eff. 1-1-25; 103-911, eff. 1-1-25; 103-933,
11 eff. 1-1-25; revised 11-26-24.)
12 (625 ILCS 5/3-636 rep.)
13 (625 ILCS 5/3-637 rep.)
14 (625 ILCS 5/3-654 rep.)
15 (625 ILCS 5/3-662 rep.)
16 Section 20-20. The Illinois Vehicle Code is amended by
17 repealing Sections 3-636, 3-637, 3-654, and 3-662.
18 Article 25.
19 Section 25-5. The State Employee Housing Act is amended by
20 changing Sections 5-20 and 5-30 as follows:
21 (5 ILCS 412/5-20)
22 Sec. 5-20. Security deposit. The Department of
HB1863 Enrolled - 183 - LRB104 10416 BDA 20491 b
1 Corrections, the Department of Transportation, the Department
2 of Natural Resources, the University of Illinois, and the
3 University of Illinois Foundation shall each analyze the need
4 for all employee and non-employee tenants of State-owned
5 housing to pay a reasonable security deposit and may each
6 collect security deposits and maintain them in
7 interest-bearing accounts.
8 (Source: P.A. 100-695, eff. 8-3-18.)
9 (5 ILCS 412/5-30)
10 Sec. 5-30. Tenant selection. The Department of
11 Corrections, the Department of Natural Resources, the
12 Department of Transportation, the University of Illinois, and
13 the University of Illinois Foundation shall each develop and
14 maintain application forms for its State-owned housing,
15 written criteria for selecting employee tenants, and records
16 of decisions as to who was selected to receive State housing
17 and why they were selected.
18 (Source: P.A. 100-695, eff. 8-3-18.)
19 Section 25-10. The State Budget Law of the Civil
20 Administrative Code of Illinois is amended by changing Section
21 50-5 as follows:
22 (15 ILCS 20/50-5)
23 Sec. 50-5. Governor to submit State budget.
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1 (a) The Governor shall, as soon as possible and not later
2 than the second Wednesday in March in 2010 (March 10, 2010),
3 the third Wednesday in February in 2011, the fourth Wednesday
4 in February in 2012 (February 22, 2012), the first Wednesday
5 in March in 2013 (March 6, 2013), the fourth Wednesday in March
6 in 2014 (March 26, 2014), the first Wednesday in February in
7 2022 (February 2, 2022), and the third Wednesday in February
8 of each year thereafter, except as otherwise provided in this
9 Section, submit a State budget, embracing therein the amounts
10 recommended by the Governor to be appropriated to the
11 respective departments, offices, and institutions, and for all
12 other public purposes, the estimated revenues from taxation,
13 and the estimated revenues from sources other than taxation.
14 Except with respect to the capital development provisions of
15 the State budget, beginning with the revenue estimates
16 prepared for fiscal year 2012, revenue estimates shall be
17 based solely on: (i) revenue sources (including non-income
18 resources), rates, and levels that exist as of the date of the
19 submission of the State budget for the fiscal year and (ii)
20 revenue sources (including non-income resources), rates, and
21 levels that have been passed by the General Assembly as of the
22 date of the submission of the State budget for the fiscal year
23 and that are authorized to take effect in that fiscal year.
24 Except with respect to the capital development provisions of
25 the State budget, the Governor shall determine available
26 revenue, deduct the cost of essential government services,
HB1863 Enrolled - 185 - LRB104 10416 BDA 20491 b
1 including, but not limited to, pension payments and debt
2 service, and assign a percentage of the remaining revenue to
3 each statewide prioritized goal, as established in Section
4 50-25 of this Law, taking into consideration the proposed
5 goals set forth in the report of the Commission established
6 under that Section. The Governor shall also demonstrate how
7 spending priorities for the fiscal year fulfill those
8 statewide goals. The amounts recommended by the Governor for
9 appropriation to the respective departments, offices and
10 institutions shall be formulated according to each
11 department's, office's, and institution's ability to
12 effectively deliver services that meet the established
13 statewide goals. The amounts relating to particular functions
14 and activities shall be further formulated in accordance with
15 the object classification specified in Section 13 of the State
16 Finance Act. In addition, the amounts recommended by the
17 Governor for appropriation shall take into account each State
18 agency's effectiveness in achieving its prioritized goals for
19 the previous fiscal year, as set forth in Section 50-25 of this
20 Law, giving priority to agencies and programs that have
21 demonstrated a focus on the prevention of waste and the
22 maximum yield from resources.
23 Beginning in fiscal year 2011, the Governor shall
24 distribute written quarterly financial reports on operating
25 funds, which may include general, State, or federal funds and
26 may include funds related to agencies that have significant
HB1863 Enrolled - 186 - LRB104 10416 BDA 20491 b
1 impacts on State operations, and budget statements on all
2 appropriated funds to the General Assembly and the State
3 Comptroller. The reports shall be submitted no later than 45
4 days after the last day of each quarter of the fiscal year and
5 shall be posted on the Governor's Office of Management and
6 Budget's website on the same day. The reports shall be
7 prepared and presented for each State agency and on a
8 statewide level in an executive summary format that may
9 include, for the fiscal year to date, individual itemizations
10 for each significant revenue type as well as itemizations of
11 expenditures and obligations, by agency, with an appropriate
12 level of detail. The reports shall include a calculation of
13 the actual total budget surplus or deficit for the fiscal year
14 to date. The Governor shall also present periodic budget
15 addresses throughout the fiscal year at the invitation of the
16 General Assembly.
17 The Governor shall not propose expenditures and the
18 General Assembly shall not enact appropriations that exceed
19 the resources estimated to be available, as provided in this
20 Section. Appropriations may be adjusted during the fiscal year
21 by means of one or more supplemental appropriation bills if
22 any State agency either fails to meet or exceeds the goals set
23 forth in Section 50-25 of this Law.
24 For the purposes of Article VIII, Section 2 of the 1970
25 Illinois Constitution, the State budget for the following
26 funds shall be prepared on the basis of revenue and
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1 expenditure measurement concepts that are in concert with
2 generally accepted accounting principles for governments:
3 (1) General Revenue Fund.
4 (2) Common School Fund.
5 (3) Educational Assistance Fund.
6 (4) Road Fund.
7 (5) Motor Fuel Tax Fund.
8 (6) Agricultural Premium Fund.
9 These funds shall be known as the "budgeted funds". The
10 revenue estimates used in the State budget for the budgeted
11 funds shall include the estimated beginning fund balance, plus
12 revenues estimated to be received during the budgeted year,
13 plus the estimated receipts due the State as of June 30 of the
14 budgeted year that are expected to be collected during the
15 lapse period following the budgeted year, minus the receipts
16 collected during the first 2 months of the budgeted year that
17 became due to the State in the year before the budgeted year.
18 Revenues shall also include estimated federal reimbursements
19 associated with the recognition of Section 25 of the State
20 Finance Act liabilities. For any budgeted fund for which
21 current year revenues are anticipated to exceed expenditures,
22 the surplus shall be considered to be a resource available for
23 expenditure in the budgeted fiscal year.
24 Expenditure estimates for the budgeted funds included in
25 the State budget shall include the costs to be incurred by the
26 State for the budgeted year, to be paid in the next fiscal
HB1863 Enrolled - 188 - LRB104 10416 BDA 20491 b
1 year, excluding costs paid in the budgeted year which were
2 carried over from the prior year, where the payment is
3 authorized by Section 25 of the State Finance Act. For any
4 budgeted fund for which expenditures are expected to exceed
5 revenues in the current fiscal year, the deficit shall be
6 considered as a use of funds in the budgeted fiscal year.
7 Revenues and expenditures shall also include transfers
8 between funds that are based on revenues received or costs
9 incurred during the budget year.
10 Appropriations for expenditures shall also include all
11 anticipated statutory continuing appropriation obligations
12 that are expected to be incurred during the budgeted fiscal
13 year.
14 By March 15 of each year, the Commission on Government
15 Forecasting and Accountability shall prepare revenue and fund
16 transfer estimates in accordance with the requirements of this
17 Section and report those estimates to the General Assembly and
18 the Governor.
19 For all funds other than the budgeted funds, the proposed
20 expenditures shall not exceed funds estimated to be available
21 for the fiscal year as shown in the budget. Appropriation for a
22 fiscal year shall not exceed funds estimated by the General
23 Assembly to be available during that year.
24 (b) By February 24, 2010, the Governor must file a written
25 report with the Secretary of the Senate and the Clerk of the
26 House of Representatives containing the following:
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1 (1) for fiscal year 2010, the revenues for all
2 budgeted funds, both actual to date and estimated for the
3 full fiscal year;
4 (2) for fiscal year 2010, the expenditures for all
5 budgeted funds, both actual to date and estimated for the
6 full fiscal year;
7 (3) for fiscal year 2011, the estimated revenues for
8 all budgeted funds, including without limitation the
9 affordable General Revenue Fund appropriations, for the
10 full fiscal year; and
11 (4) for fiscal year 2011, an estimate of the
12 anticipated liabilities for all budgeted funds, including
13 without limitation the affordable General Revenue Fund
14 appropriations, debt service on bonds issued, and the
15 State's contributions to the pension systems, for the full
16 fiscal year.
17 Between July 1 and August 31 of each fiscal year, the
18 members of the General Assembly and members of the public may
19 make written budget recommendations to the Governor.
20 Beginning with budgets prepared for fiscal year 2013, the
21 budgets submitted by the Governor and appropriations made by
22 the General Assembly for all executive branch State agencies
23 must adhere to a method of budgeting where each priority must
24 be justified each year according to merit rather than
25 according to the amount appropriated for the preceding year.
26 (Source: P.A. 102-671, eff. 11-30-21.)
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1 (20 ILCS 2305/8 rep.)
2 Section 25-15. The Department of Public Health Act is
3 amended by repealing Section 8.
4 Section 25-20. The Department of Transportation Law of the
5 Civil Administrative Code of Illinois is amended by changing
6 Section 2705-200 as follows:
7 (20 ILCS 2705/2705-200) (was 20 ILCS 2705/49.16)
8 Sec. 2705-200. Master plan; reporting requirements.
9 (a) The Department has the power to develop and maintain a
10 continuing, comprehensive, and integrated planning process
11 that shall develop and periodically revise a statewide master
12 plan for transportation to guide program development and to
13 foster efficient and economical transportation services in
14 ground, air, water, and all other modes of transportation
15 throughout the State. The Department shall coordinate its
16 transportation planning activities with those of other State
17 agencies and authorities and shall supervise and review any
18 transportation planning performed by other Executive agencies
19 under the direction of the Governor. The Department shall
20 cooperate and participate with federal, regional, interstate,
21 State, and local agencies, in accordance with Sections 5-301
22 and 7-301 of the Illinois Highway Code, and with interested
23 private individuals and organizations in the coordination of
HB1863 Enrolled - 191 - LRB104 10416 BDA 20491 b
1 plans and policies for development of the state's
2 transportation system.
3 To meet the provisions of this Section, the Department
4 shall publish and deliver to the Governor and General Assembly
5 by December 31, 2012 and every 5 years thereafter, its master
6 plan for highway, waterway, aeronautic, mass transportation,
7 and railroad systems. The plan shall identify priority
8 subsystems or components of each system that are critical to
9 the economic and general welfare of this State regardless of
10 public jurisdictional responsibility or private ownership.
11 The master plan shall include a comprehensive and
12 multimodal freight mobility plan which shall analyze commodity
13 flows, assess the freight transportation network, and identify
14 significant freight system trends, needs, and economic
15 opportunities. It shall recommend improvements in the
16 operation and management of the freight system, projects that
17 will eliminate inefficiencies in the State's freight network,
18 methods of funding needed for freight system improvements, and
19 policies to ensure the safe, reliable, and efficient movement
20 of goods within and through the State and to ensure the State's
21 economic vitality. The freight mobility plan shall incorporate
22 and maintain compatibility with any federally required rail
23 plan affecting this State.
24 The master plan shall provide particular emphasis and
25 detail of at least the 5-year period in the immediate future.
26 Annual and 5-year, or longer, project programs for each
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1 State system in this Section shall be published and furnished
2 the General Assembly on the first Wednesday in April of each
3 year.
4 Identified needs included in the project programs shall be
5 listed and mapped in a distinctive fashion to clearly identify
6 the priority status of the projects: (1) projects to be
7 committed for execution; (2) tentative projects that are
8 dependent upon funding or other constraints; and (3) needed
9 projects that are not programmed due to lack of funding or
10 other constraints.
11 All projects shall be related to the priority systems of
12 the master plan, and the priority criteria identified. Cost
13 and estimated completion dates shall be included for work
14 required to complete a usable useable segment or component
15 beyond the period of the program.
16 (b) The Department shall publish and deliver to the
17 Governor and General Assembly on the first Wednesday in April
18 of each year a 5-year, or longer, Highway Improvement Program
19 reporting the number of fiscal years each project has been on
20 previous plans submitted by the Department.
21 (c) The Department shall publish on its website and
22 deliver to the Governor and the General Assembly by January
23 November 1 of each year a For the Record report that shall
24 include the following:
25 (1) All the projects accomplished in the previous
26 fiscal year listed by each Illinois Department of
HB1863 Enrolled - 193 - LRB104 10416 BDA 20491 b
1 Transportation District.
2 (2) The award cost and the beginning dates of each
3 listed project.
4 (Source: P.A. 97-32, eff. 6-28-11.)
5 (30 ILCS 105/8j rep.)
6 Section 25-25. The State Finance Act is amended by
7 repealing Section 8j.
8 Section 25-30. The School Code is amended by changing
9 Section 13-44.4 as follows:
10 (105 ILCS 5/13-44.4) (from Ch. 122, par. 13-44.4)
11 Sec. 13-44.4. Department of Corrections Reimbursement and
12 Education Fund; budget. All moneys received from the Common
13 School Fund, federal aid and grants, vocational and
14 educational funds and grants, and gifts and grants by
15 individuals, foundations and corporations for educational
16 purposes shall be deposited into the Department of Corrections
17 Reimbursement and Education Fund in the State Treasury. Moneys
18 in the Department of Corrections Reimbursement and Education
19 Fund may be used, subject to appropriation, to pay the expense
20 of the schools and school district of the Department of
21 Corrections together with and supplemental to regular
22 appropriations to the Department for educational purposes,
23 including, but not limited to, the cost of teacher salaries,
HB1863 Enrolled - 194 - LRB104 10416 BDA 20491 b
1 supplies and materials, building upkeep and costs,
2 transportation, scholarships, non-academic salaries,
3 equipment and other school costs.
4 Beginning in 1972, the Board of Education shall, by
5 November 15, adopt an annual budget for the use of education
6 moneys for the next school year which it deems necessary to
7 defray all necessary expenses and liabilities of the district,
8 and in such annual budget shall specify the objects and
9 purposes of each item and the amount needed for each object or
10 purpose. The budget shall contain a statement of cash on hand
11 at the beginning of the fiscal year, an estimate of the cash
12 expected to be received during such fiscal year from all
13 sources, an estimate of the expenditure contemplated for such
14 fiscal year, and a statement of the estimated cash expected to
15 be on hand at the end of such year. Prior to the adoption of
16 the annual educational budget, this budget shall be submitted
17 to the Department of Corrections and the State Board of
18 Education for incorporation.
19 (Source: P.A. 90-9, eff. 7-1-97; 90-587, eff. 7-1-98.)
20 (105 ILCS 5/2-3.136 rep.)
21 Section 25-35. The School Code is amended by repealing
22 Section 2-3.136.
23 Section 25-40. The Higher Education Veterans Service Act
24 is amended by changing Section 15 as follows:
HB1863 Enrolled - 195 - LRB104 10416 BDA 20491 b
1 (110 ILCS 49/15)
2 Sec. 15. Survey; coordinator; best practices report; best
3 efforts.
4 (a) (Blank). All public colleges and universities shall,
5 within 60 days after the effective date of this Act, conduct a
6 survey of the services and programs that are provided for
7 veterans, active duty military personnel, and their families,
8 at each of their respective campuses. This survey shall
9 enumerate and fully describe the service or program that is
10 available, the number of veterans or active duty personnel
11 using the service or program, an estimated range for potential
12 use within a 5-year and 10-year period, information on the
13 location of the service or program, and how its administrators
14 may be contacted. The survey shall indicate the manner or
15 manners in which a student veteran may avail himself or
16 herself of the program's services. This survey must be made
17 available to all veterans matriculating at the college or
18 university in the form of an orientation-related guidebook.
19 Each public college and university shall make the survey
20 available on the homepage of all campus Internet links as soon
21 as practical after the completion of the survey. As soon as
22 possible after the completion of the survey, each public
23 college and university shall provide a copy of its survey to
24 the following:
25 (1) the Board of Higher Education;
HB1863 Enrolled - 196 - LRB104 10416 BDA 20491 b
1 (2) the Department of Veterans' Affairs;
2 (3) the President and Minority Leader of the Senate
3 and the Speaker and Minority Leader of the House of
4 Representatives; and
5 (4) the Governor.
6 (b) Each public college and university shall, at its
7 discretion, (i) appoint, within 6 months after August 7, 2009
8 (the effective date of this Act), an existing employee or (ii)
9 hire a new employee to serve as a Coordinator of Veterans and
10 Military Personnel Student Services on each campus of the
11 college or university that has an onsite, daily, full-time
12 student headcount above 1,000 students.
13 The Coordinator of Veterans and Military Personnel Student
14 Services shall be an ombudsperson serving the specific needs
15 of student veterans and military personnel and their families
16 and shall serve as an advocate before the administration of
17 the college or university for the needs of student veterans.
18 The college or university shall enable the Coordinator of
19 Veterans and Military Personnel Student Services to
20 communicate directly with the senior executive administration
21 of the college or university periodically. The college or
22 university shall retain unfettered discretion to determine the
23 organizational management structure of its institution.
24 In addition to any responsibilities the college or
25 university may assign, the Coordinator of Veterans and
26 Military Personnel Student Services shall make its best
HB1863 Enrolled - 197 - LRB104 10416 BDA 20491 b
1 efforts to create a centralized source for student veterans
2 and military personnel to learn how to receive all benefit
3 programs and services for which they are eligible.
4 Each college and university campus that is required to
5 have a Coordinator of Veterans and Military Personnel Student
6 Services shall regularly and conspicuously advertise the
7 office location and phone number of and Internet access to the
8 Coordinator of Veterans and Military Personnel Student
9 Services, along with a brief summary of the manner in which he
10 or she can assist student veterans. The advertisement shall
11 include, but is not necessarily limited to, the following:
12 (1) advertisements on each campus' Internet home page;
13 (2) any promotional mailings for student application;
14 and
15 (3) the website and any social media accounts of the
16 public college or university.
17 The Coordinator of Veterans and Military Personnel Student
18 Services shall facilitate other campus offices with the
19 promotion of programs and services that are available.
20 (c) (Blank). Upon receipt of all of the surveys under
21 subsection (a) of this Section, the Board of Higher Education
22 and the Department of Veterans' Affairs shall conduct a joint
23 review of the surveys. The Department of Veterans' Affairs
24 shall post, on any Internet home page it may operate, a link to
25 each survey as posted on the Internet website for the college
26 or university. The Board of Higher Education shall post, on
HB1863 Enrolled - 198 - LRB104 10416 BDA 20491 b
1 any Internet home page it may operate, a link to each survey as
2 posted on the Internet website for the college or university
3 or an annual report or document containing survey information
4 for each college or university. Upon receipt of all of the
5 surveys, the Office of the Governor, through its military
6 affairs advisors, shall similarly conduct a review of the
7 surveys. Following its review of the surveys, the Office of
8 the Governor shall submit an evaluation report to each college
9 and university offering suggestions and insight on the conduct
10 of student veteran-related policies and programs.
11 (d) (Blank). The Board of Higher Education and the
12 Department of Veterans' Affairs may issue a best practices
13 report to highlight those programs and services that are most
14 beneficial to veterans and active duty military personnel. The
15 report shall contain a fiscal needs assessment in conjunction
16 with any program recommendations.
17 (e) Each college and university campus that is required to
18 have a Coordinator of Veterans and Military Personnel Student
19 Services under subsection (b) of this Section shall make its
20 best efforts to create academic and social programs and
21 services for veterans and active duty military personnel that
22 will provide reasonable opportunities for academic performance
23 and success.
24 Each public college and university shall make its best
25 efforts to determine how its online educational curricula can
26 be expanded or altered to serve the needs of student veterans
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1 and currently deployed military, including a determination of
2 whether and to what extent the public colleges and
3 universities can share existing technologies to improve the
4 online curricula of peer institutions, provided such efforts
5 are both practically and economically feasible.
6 (Source: P.A. 102-278, eff. 8-6-21; 102-295, eff. 8-6-21;
7 102-558, eff. 8-20-21; 102-813, eff. 5-13-22.)
8 (110 ILCS 335/Act rep.)
9 Section 25-45. The Institution for Tuberculosis Research
10 Act is repealed.
11 Section 25-50. The Illinois Public Aid Code is amended by
12 changing Section 11-5.2 as follows:
13 (305 ILCS 5/11-5.2)
14 Sec. 11-5.2. Income, Residency, and Identity Verification
15 System.
16 (a) The Department shall ensure that its proposed
17 integrated eligibility system shall include the computerized
18 functions of income, residency, and identity eligibility
19 verification to verify eligibility, eliminate duplication of
20 medical assistance, and deter fraud. Until the integrated
21 eligibility system is operational, the Department may enter
22 into a contract with the vendor selected pursuant to Section
23 11-5.3 as necessary to obtain the electronic data matching
HB1863 Enrolled - 200 - LRB104 10416 BDA 20491 b
1 described in this Section. This contract shall be exempt from
2 the Illinois Procurement Code pursuant to subsection (h) of
3 Section 1-10 of that Code.
4 (b) Prior to awarding medical assistance at application
5 under Article V of this Code, the Department shall, to the
6 extent such databases are available to the Department, conduct
7 data matches using the name, date of birth, address, and
8 Social Security Number of each applicant or recipient or
9 responsible relative of an applicant or recipient against the
10 following:
11 (1) Income tax information.
12 (2) Employer reports of income and unemployment
13 insurance payment information maintained by the Department
14 of Employment Security.
15 (3) Earned and unearned income, citizenship and death,
16 and other relevant information maintained by the Social
17 Security Administration.
18 (4) Immigration status information maintained by the
19 United States Citizenship and Immigration Services.
20 (5) Wage reporting and similar information maintained
21 by states contiguous to this State.
22 (6) Employment information maintained by the
23 Department of Employment Security in its New Hire
24 Directory database.
25 (7) Employment information maintained by the United
26 States Department of Health and Human Services in its
HB1863 Enrolled - 201 - LRB104 10416 BDA 20491 b
1 National Directory of New Hires database.
2 (8) Veterans' benefits information maintained by the
3 United States Department of Health and Human Services, in
4 coordination with the Department of Health and Human
5 Services and the United States Department of Veterans
6 Veterans' Affairs, in the federal Public Assistance
7 Reporting Information System (PARIS) database.
8 (9) Residency information maintained by the Illinois
9 Secretary of State.
10 (10) A database which is substantially similar to or a
11 successor of a database described in this Section that
12 contains information relevant for verifying eligibility
13 for medical assistance.
14 (c) (Blank).
15 (d) If a discrepancy results between information provided
16 by an applicant, recipient, or responsible relative and
17 information contained in one or more of the databases or
18 information tools listed under subsection (b) of this Section
19 or subsection (c) of Section 11-5.3 and that discrepancy calls
20 into question the accuracy of information relevant to a
21 condition of eligibility provided by the applicant, recipient,
22 or responsible relative, the Department or its contractor
23 shall review the applicant's or recipient's case using the
24 following procedures:
25 (1) If the information discovered under subsection (b)
26 of this Section or subsection (c) of Section 11-5.3 does
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1 not result in the Department finding the applicant or
2 recipient ineligible for assistance under Article V of
3 this Code, the Department shall finalize the determination
4 or redetermination of eligibility.
5 (2) If the information discovered results in the
6 Department finding the applicant or recipient ineligible
7 for assistance, the Department shall provide notice as set
8 forth in Section 11-7 of this Article.
9 (3) If the information discovered is insufficient to
10 determine that the applicant or recipient is eligible or
11 ineligible, the Department shall provide written notice to
12 the applicant or recipient which shall describe in
13 sufficient detail the circumstances of the discrepancy,
14 the information or documentation required, the manner in
15 which the applicant or recipient may respond, and the
16 consequences of failing to take action. The applicant or
17 recipient shall have 10 business days to respond.
18 (4) If the applicant or recipient does not respond to
19 the notice, the Department shall deny assistance for
20 failure to cooperate, in which case the Department shall
21 provide notice as set forth in Section 11-7. Eligibility
22 for assistance shall not be established until the
23 discrepancy has been resolved.
24 (5) If an applicant or recipient responds to the
25 notice, the Department shall determine the effect of the
26 information or documentation provided on the applicant's
HB1863 Enrolled - 203 - LRB104 10416 BDA 20491 b
1 or recipient's case and shall take appropriate action.
2 Written notice of the Department's action shall be
3 provided as set forth in Section 11-7 of this Article.
4 (6) Suspected cases of fraud shall be referred to the
5 Department's Inspector General.
6 (e) The Department shall adopt any rules necessary to
7 implement this Section.
8 (Source: P.A. 97-689, eff. 6-14-12; 98-756, eff. 7-16-14.)
9 Section 25-55. The Older Adult Services Act is amended by
10 changing Section 35 as follows:
11 (320 ILCS 42/35)
12 Sec. 35. Older Adult Services Advisory Committee.
13 (a) The Older Adult Services Advisory Committee is created
14 to advise the directors of Aging, Healthcare and Family
15 Services, and Public Health on all matters related to this Act
16 and the delivery of services to older adults in general.
17 (b) The Advisory Committee shall be comprised of the
18 following:
19 (1) The Director of Aging or the Director's his or her
20 designee, who shall serve as chair and shall be an ex
21 officio and nonvoting member.
22 (2) The Director of Healthcare and Family Services and
23 the Director of Public Health or their designees, who
24 shall serve as vice-chairs and shall be ex officio and
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1 nonvoting members.
2 (3) One representative each of the Governor's Office,
3 the Department of Healthcare and Family Services, the
4 Department of Public Health, the Department of Veterans'
5 Affairs, the Department of Human Services, the Department
6 on Aging's Senior Health Insurance Program Department of
7 Insurance, the Department on Aging, the Department on
8 Aging's State Long Term Care Ombudsman, the Illinois
9 Housing Finance Authority, and the Illinois Housing
10 Development Authority, each of whom shall be selected by
11 his or her respective director and shall be an ex officio
12 and nonvoting member.
13 (4) Thirty-one Thirty members appointed by the
14 Director of Aging in collaboration with the directors of
15 Public Health and Healthcare and Family Services, and
16 selected from the recommendations of statewide
17 associations and organizations, as follows:
18 (A) One member representing the Area Agencies on
19 Aging;
20 (B) Four members representing nursing homes or
21 licensed assisted living establishments;
22 (C) One member representing home health agencies;
23 (D) One member representing case management
24 services;
25 (E) One member representing statewide senior
26 center associations;
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1 (F) One member representing Community Care Program
2 homemaker services;
3 (G) One member representing Community Care Program
4 adult day services;
5 (H) One member representing nutrition project
6 directors;
7 (I) One member representing hospice programs;
8 (J) One member representing individuals with
9 Alzheimer's disease and related dementias;
10 (K) Two members representing statewide trade or
11 labor unions;
12 (L) One advanced practice registered nurse with
13 experience in gerontological nursing;
14 (M) One physician specializing in gerontology;
15 (N) One member representing regional long-term
16 care ombudsmen;
17 (O) One member representing municipal, township,
18 or county officials;
19 (P) (Blank);
20 (Q) (Blank);
21 (R) One member representing a nurse from a
22 Community Care Program provider the parish nurse
23 movement;
24 (S) One member representing pharmacists;
25 (T) Two members representing statewide
26 organizations engaging in advocacy or legal
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1 representation on behalf of the senior population;
2 (U) Two family caregivers;
3 (V) Two citizen members over the age of 60;
4 (W) One citizen with knowledge in the area of
5 gerontology research or health care law;
6 (X) One representative of health care facilities
7 licensed under the Hospital Licensing Act; and
8 (Y) One representative of primary care service
9 providers; and .
10 (Z) One member representing townships or county
11 officials.
12 The Director of Aging, in collaboration with the Directors
13 of Public Health and Healthcare and Family Services, may
14 appoint additional citizen members to the Older Adult Services
15 Advisory Committee. Each such additional member must be either
16 an individual age 60 or older or an uncompensated caregiver
17 for a family member or friend who is age 60 or older.
18 (c) Voting members of the Advisory Committee shall serve
19 for a term of 3 years or until a replacement is named. All
20 members shall be appointed no later than January 1, 2005. Of
21 the initial appointees, as determined by lot, 10 members shall
22 serve a term of one year; 10 shall serve for a term of 2 years;
23 and 12 shall serve for a term of 3 years. Any member appointed
24 to fill a vacancy occurring prior to the expiration of the term
25 for which his or her predecessor was appointed shall be
26 appointed for the remainder of that term. The Advisory
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1 Committee shall meet at least quarterly and may meet more
2 frequently at the call of the Chair. A simple majority of those
3 appointed shall constitute a quorum. The affirmative vote of a
4 majority of those present and voting shall be necessary for
5 Advisory Committee action. Members of the Advisory Committee
6 shall receive no compensation for their services.
7 (d) The Advisory Committee shall have an Executive
8 Committee comprised of the Chair, the Vice Chairs, and up to 15
9 members of the Advisory Committee appointed by the Chair who
10 have demonstrated expertise in developing, implementing, or
11 coordinating the system restructuring initiatives defined in
12 Section 25. The Executive Committee shall have responsibility
13 to oversee and structure the operations of the Advisory
14 Committee and to create and appoint necessary subcommittees
15 and subcommittee members. The Advisory Committee's Community
16 Care Program Medicaid Enrollment Oversight Subcommittee shall
17 have the membership and powers and duties set forth in Section
18 4.02 of the Illinois Act on the Aging.
19 (e) The Advisory Committee shall study and make
20 recommendations related to the implementation of this Act,
21 including, but not limited to, system restructuring
22 initiatives as defined in Section 25 or otherwise related to
23 this Act.
24 (Source: P.A. 100-513, eff. 1-1-18; 100-587, eff. 6-4-18;
25 100-621, eff. 7-20-18; 101-81, eff. 7-12-19.)
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1 (410 ILCS 230/Act rep.)
2 Section 25-60. The Problem Pregnancy Health Services and
3 Care Act is repealed.
4 Section 25-65. The Fish and Aquatic Life Code is amended
5 by changing Sections 15-5 and 20-5 as follows:
6 (515 ILCS 5/15-5) (from Ch. 56, par. 15-5)
7 Sec. 15-5. Commercial fisherman; license requirement.
8 (a) A "commercial fisherman" is defined as any individual
9 who uses any of the commercial fishing devices as defined by
10 this Code for the taking of any aquatic life, except mussels,
11 protected by the terms of this Code.
12 (b) All commercial fishermen shall have a commercial
13 fishing license. In addition to a commercial fishing license,
14 a commercial fisherman shall also obtain a sport fishing
15 license. All individuals assisting a licensed commercial
16 fisherman in taking aquatic life, except mussels, from any
17 waters of the State must have a commercial fishing license
18 unless these individuals are under the direct supervision of
19 and aboard the same watercraft as the licensed commercial
20 fisherman. An individual assisting a licensed commercial
21 fisherman must first obtain a sport fishing license.
22 (c) Notwithstanding any other provision of law to the
23 contrary, blind residents or residents with a disability may
24 fish with commercial fishing devices without holding a sports
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1 fishing license. For the purpose of this Section, an
2 individual is blind or has a disability if that individual has
3 a Class 2 disability as defined in Section 4A of the Illinois
4 Identification Card Act. For the purposes of this Section, an
5 Illinois person with a Disability Identification Card issued
6 under the Illinois Identification Card Act indicating that the
7 individual named on the card has a Class 2 disability shall be
8 adequate documentation of a disability.
9 (d) Notwithstanding any other provision of law to the
10 contrary, a veteran who, according to the determination of the
11 federal Veterans' Administration as certified by the United
12 States Department of Veterans Veterans' Affairs, is at least
13 10% disabled with service-related disabilities or in receipt
14 of total disability pensions may fish with commercial fishing
15 devices without holding a sports fishing license during those
16 periods of the year that it is lawful to fish with commercial
17 fishing devices, if the respective disabilities do not prevent
18 the veteran from fishing in a manner that is safe to him or
19 herself and others.
20 (e) A "Lake Michigan commercial fisherman" is defined as
21 an individual who resides in this State or an Illinois
22 corporation who uses any of the commercial fishing devices as
23 defined by this Code for the taking of aquatic life, except
24 mussels, protected by the terms of this Code.
25 (f) For purposes of this Section, an act or omission that
26 constitutes a violation committed by an officer, employee, or
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1 agent of a corporation shall be deemed the act or omission of
2 the corporation.
3 (Source: P.A. 98-336, eff. 1-1-14; 98-898, eff. 1-1-15;
4 99-143, eff. 7-27-15.)
5 (515 ILCS 5/20-5) (from Ch. 56, par. 20-5)
6 Sec. 20-5. Necessity of license; exemptions.
7 (a) Any person taking or attempting to take any fish,
8 including minnows for commercial purposes, turtles, mussels,
9 crayfish, or frogs by any means whatever in any waters or lands
10 wholly or in part within the jurisdiction of the State,
11 including that part of Lake Michigan under the jurisdiction of
12 this State, shall first obtain a license to do so, and shall do
13 so only during the respective periods of the year when it shall
14 be lawful as provided in this Code. Individuals under 16,
15 blind residents or residents with a disability, or individuals
16 fishing at fee fishing areas licensed by the Department,
17 however, may fish with sport fishing devices without being
18 required to have a license. For the purpose of this Section an
19 individual is blind or has a disability if that individual has
20 a Class 2 disability as defined in Section 4A of the Illinois
21 Identification Card Act. For purposes of this Section an
22 Illinois Person with a Disability Identification Card issued
23 under the Illinois Identification Card Act indicating that the
24 individual named on the card has a Class 2 disability shall be
25 adequate documentation of a disability.
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1 (b) A courtesy non-resident sport fishing license or stamp
2 may be issued at the discretion of the Director, without fee,
3 to (i) any individual officially employed in the wildlife and
4 fish or conservation department of another state or of the
5 United States who is within the State to assist or consult or
6 cooperate with the Director or (ii) the officials of other
7 states, the United States, foreign countries, or officers or
8 representatives of conservation organizations or publications
9 while in the State as guests of the Governor or Director.
10 (c) The Director may issue special fishing permits without
11 cost to groups of hospital patients or to individuals with
12 disabilities for use on specified dates in connection with
13 supervised fishing for therapy.
14 (d) Veterans who, according to the determination of the
15 Veterans' Administration as certified by the United States
16 Department of Veterans Veterans' Affairs, are at least 10%
17 disabled with service-related disabilities or in receipt of
18 total disability pensions may fish with sport fishing devices
19 during those periods of the year it is lawful to do so without
20 being required to have a license, on the condition that their
21 respective disabilities do not prevent them from fishing in a
22 manner which is safe to themselves and others.
23 (e) Each year the Director may designate a period, not to
24 exceed 4 days in duration, when sport fishermen may fish
25 waters wholly or in part within the jurisdiction of the State,
26 including that part of Lake Michigan under the jurisdiction of
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1 the State, and not be required to obtain the license or stamp
2 required by subsection (a) of this Section, Section 20-10 or
3 subsection (a) of Section 20-55. The term of any such period
4 shall be established by administrative rule. This subsection
5 shall not apply to commercial fishing.
6 (f) The Director may issue special fishing permits without
7 cost for a group event, restricted to specific dates and
8 locations if it is determined by the Department that the event
9 is beneficial in promoting sport fishing in Illinois.
10 (Source: P.A. 99-143, eff. 7-27-15.)
11 Section 25-70. The Wildlife Code is amended by changing
12 Section 3.1-2 as follows:
13 (520 ILCS 5/3.1-2) (from Ch. 61, par. 3.1-2)
14 Sec. 3.1-2. Veterans who, according to the determination
15 of the Veterans' Administration as certified by the United
16 States Department of Veterans Veterans' Affairs, are at least
17 10% disabled with service-related disabilities or in receipt
18 of total disability pensions and former prisoners of war may
19 hunt and trap any of the species protected by Section 2.2,
20 during such times, with such devices and by such methods as are
21 permitted by this Act, without procuring hunting and trapping
22 licenses, State Habitat Stamps, and State Waterfowl Stamps on
23 the condition that their respective disabilities do not
24 prevent them from hunting and trapping in a manner which is
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1 safe to themselves and others.
2 (Source: P.A. 102-524, eff. 8-20-21; 102-837, eff. 5-13-22.)
3 Article 30.
4 Section 30-5. The School Code is amended by changing
5 Section 18-8.15 as follows:
6 (105 ILCS 5/18-8.15)
7 Sec. 18-8.15. Evidence-Based Funding for student success
8 for the 2017-2018 and subsequent school years.
9 (a) General provisions.
10 (1) The purpose of this Section is to ensure that, by
11 June 30, 2027 and beyond, this State has a kindergarten
12 through grade 12 public education system with the capacity
13 to ensure the educational development of all persons to
14 the limits of their capacities in accordance with Section
15 1 of Article X of the Constitution of the State of
16 Illinois. To accomplish that objective, this Section
17 creates a method of funding public education that is
18 evidence-based; is sufficient to ensure every student
19 receives a meaningful opportunity to learn irrespective of
20 race, ethnicity, sexual orientation, gender, or
21 community-income level; and is sustainable and
22 predictable. When fully funded under this Section, every
23 school shall have the resources, based on what the
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1 evidence indicates is needed, to:
2 (A) provide all students with a high quality
3 education that offers the academic, enrichment, social
4 and emotional support, technical, and career-focused
5 programs that will allow them to become competitive
6 workers, responsible parents, productive citizens of
7 this State, and active members of our national
8 democracy;
9 (B) ensure all students receive the education they
10 need to graduate from high school with the skills
11 required to pursue post-secondary education and
12 training for a rewarding career;
13 (C) reduce, with a goal of eliminating, the
14 achievement gap between at-risk and non-at-risk
15 students by raising the performance of at-risk
16 students and not by reducing standards; and
17 (D) ensure this State satisfies its obligation to
18 assume the primary responsibility to fund public
19 education and simultaneously relieve the
20 disproportionate burden placed on local property taxes
21 to fund schools.
22 (2) The Evidence-Based Funding formula under this
23 Section shall be applied to all Organizational Units in
24 this State. The Evidence-Based Funding formula outlined in
25 this Act is based on the formula outlined in Senate Bill 1
26 of the 100th General Assembly, as passed by both
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1 legislative chambers. As further defined and described in
2 this Section, there are 4 major components of the
3 Evidence-Based Funding model:
4 (A) First, the model calculates a unique Adequacy
5 Target for each Organizational Unit in this State that
6 considers the costs to implement research-based
7 activities, the unit's student demographics, and
8 regional wage differences.
9 (B) Second, the model calculates each
10 Organizational Unit's Local Capacity, or the amount
11 each Organizational Unit is assumed to contribute
12 toward its Adequacy Target from local resources.
13 (C) Third, the model calculates how much funding
14 the State currently contributes to the Organizational
15 Unit and adds that to the unit's Local Capacity to
16 determine the unit's overall current adequacy of
17 funding.
18 (D) Finally, the model's distribution method
19 allocates new State funding to those Organizational
20 Units that are least well-funded, considering both
21 Local Capacity and State funding, in relation to their
22 Adequacy Target.
23 (3) An Organizational Unit receiving any funding under
24 this Section may apply those funds to any fund so received
25 for which that Organizational Unit is authorized to make
26 expenditures by law.
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1 (4) As used in this Section, the following terms shall
2 have the meanings ascribed in this paragraph (4):
3 "Adequacy Target" is defined in paragraph (1) of
4 subsection (b) of this Section.
5 "Adjusted EAV" is defined in paragraph (4) of
6 subsection (d) of this Section.
7 "Adjusted Local Capacity Target" is defined in
8 paragraph (3) of subsection (c) of this Section.
9 "Adjusted Operating Tax Rate" means a tax rate for all
10 Organizational Units, for which the State Superintendent
11 shall calculate and subtract for the Operating Tax Rate a
12 transportation rate based on total expenses for
13 transportation services under this Code, as reported on
14 the most recent Annual Financial Report in Pupil
15 Transportation Services, function 2550 in both the
16 Education and Transportation funds and functions 4110 and
17 4120 in the Transportation fund, less any corresponding
18 fiscal year State of Illinois scheduled payments excluding
19 net adjustments for prior years for regular, vocational,
20 or special education transportation reimbursement pursuant
21 to Section 29-5 or subsection (b) of Section 14-13.01 of
22 this Code divided by the Adjusted EAV. If an
23 Organizational Unit's corresponding fiscal year State of
24 Illinois scheduled payments excluding net adjustments for
25 prior years for regular, vocational, or special education
26 transportation reimbursement pursuant to Section 29-5 or
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1 subsection (b) of Section 14-13.01 of this Code exceed the
2 total transportation expenses, as defined in this
3 paragraph, no transportation rate shall be subtracted from
4 the Operating Tax Rate.
5 "Allocation Rate" is defined in paragraph (3) of
6 subsection (g) of this Section.
7 "Alternative School" means a public school that is
8 created and operated by a regional superintendent of
9 schools and approved by the State Board.
10 "Applicable Tax Rate" is defined in paragraph (1) of
11 subsection (d) of this Section.
12 "Assessment" means any of those benchmark, progress
13 monitoring, formative, diagnostic, and other assessments,
14 in addition to the State accountability assessment, that
15 assist teachers' needs in understanding the skills and
16 meeting the needs of the students they serve.
17 "Assistant principal" means a school administrator
18 duly endorsed to be employed as an assistant principal in
19 this State.
20 "At-risk student" means a student who is at risk of
21 not meeting the Illinois Learning Standards or not
22 graduating from elementary or high school and who
23 demonstrates a need for vocational support or social
24 services beyond that provided by the regular school
25 program. All students included in an Organizational Unit's
26 Low-Income Count, as well as all English learner and
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1 disabled students attending the Organizational Unit, shall
2 be considered at-risk students under this Section.
3 "Average Student Enrollment" or "ASE" for fiscal year
4 2018 means, for an Organizational Unit, the greater of the
5 average number of students (grades K through 12) reported
6 to the State Board as enrolled in the Organizational Unit
7 on October 1 in the immediately preceding school year,
8 plus the pre-kindergarten students who receive special
9 education services of 2 or more hours a day as reported to
10 the State Board on December 1 in the immediately preceding
11 school year, or the average number of students (grades K
12 through 12) reported to the State Board as enrolled in the
13 Organizational Unit on October 1, plus the
14 pre-kindergarten students who receive special education
15 services of 2 or more hours a day as reported to the State
16 Board on December 1, for each of the immediately preceding
17 3 school years. For fiscal year 2019 and each subsequent
18 fiscal year, "Average Student Enrollment" or "ASE" means,
19 for an Organizational Unit, the greater of the average
20 number of students (grades K through 12) reported to the
21 State Board as enrolled in the Organizational Unit on
22 October 1 and March 1 in the immediately preceding school
23 year, plus the pre-kindergarten students who receive
24 special education services as reported to the State Board
25 on October 1 and March 1 in the immediately preceding
26 school year, or the average number of students (grades K
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1 through 12) reported to the State Board as enrolled in the
2 Organizational Unit on October 1 and March 1, plus the
3 pre-kindergarten students who receive special education
4 services as reported to the State Board on October 1 and
5 March 1, for each of the immediately preceding 3 school
6 years. For the purposes of this definition, "enrolled in
7 the Organizational Unit" means the number of students
8 reported to the State Board who are enrolled in schools
9 within the Organizational Unit that the student attends or
10 would attend if not placed or transferred to another
11 school or program to receive needed services. For the
12 purposes of calculating "ASE", all students, grades K
13 through 12, excluding those attending kindergarten for a
14 half day and students attending an alternative education
15 program operated by a regional office of education or
16 intermediate service center, shall be counted as 1.0. All
17 students attending kindergarten for a half day shall be
18 counted as 0.5, unless in 2017 by June 15 or by March 1 in
19 subsequent years, the school district reports to the State
20 Board of Education the intent to implement full-day
21 kindergarten district-wide for all students, then all
22 students attending kindergarten shall be counted as 1.0.
23 Special education pre-kindergarten students shall be
24 counted as 0.5 each. If the State Board does not collect or
25 has not collected both an October 1 and March 1 enrollment
26 count by grade or a December 1 collection of special
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1 education pre-kindergarten students as of August 31, 2017
2 (the effective date of Public Act 100-465), it shall
3 establish such collection for all future years. For any
4 year in which a count by grade level was collected only
5 once, that count shall be used as the single count
6 available for computing a 3-year average ASE. Funding for
7 programs operated by a regional office of education or an
8 intermediate service center must be calculated using the
9 Evidence-Based Funding formula under this Section for the
10 2019-2020 school year and each subsequent school year
11 until separate adequacy formulas are developed and adopted
12 for each type of program. ASE for a program operated by a
13 regional office of education or an intermediate service
14 center must be determined by the March 1 enrollment for
15 the program. For the 2019-2020 school year, the ASE used
16 in the calculation must be the first-year ASE and, in that
17 year only, the assignment of students served by a regional
18 office of education or intermediate service center shall
19 not result in a reduction of the March enrollment for any
20 school district. For the 2020-2021 school year, the ASE
21 must be the greater of the current-year ASE or the 2-year
22 average ASE. Beginning with the 2021-2022 school year, the
23 ASE must be the greater of the current-year ASE or the
24 3-year average ASE. School districts shall submit the data
25 for the ASE calculation to the State Board within 45 days
26 of the dates required in this Section for submission of
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1 enrollment data in order for it to be included in the ASE
2 calculation. For fiscal year 2018 only, the ASE
3 calculation shall include only enrollment taken on October
4 1. In recognition of the impact of COVID-19, the
5 definition of "Average Student Enrollment" or "ASE" shall
6 be adjusted for calculations under this Section for fiscal
7 years 2022 through 2024. For fiscal years 2022 through
8 2024, the enrollment used in the calculation of ASE
9 representing the 2020-2021 school year shall be the
10 greater of the enrollment for the 2020-2021 school year or
11 the 2019-2020 school year.
12 "Base Funding Guarantee" is defined in paragraph (10)
13 of subsection (g) of this Section.
14 "Base Funding Minimum" is defined in subsection (e) of
15 this Section.
16 "Base Tax Year" means the property tax levy year used
17 to calculate the Budget Year allocation of primary State
18 aid.
19 "Base Tax Year's Extension" means the product of the
20 equalized assessed valuation utilized by the county clerk
21 in the Base Tax Year multiplied by the limiting rate as
22 calculated by the county clerk and defined in PTELL.
23 "Bilingual Education Allocation" means the amount of
24 an Organizational Unit's final Adequacy Target
25 attributable to bilingual education divided by the
26 Organizational Unit's final Adequacy Target, the product
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1 of which shall be multiplied by the amount of new funding
2 received pursuant to this Section. An Organizational
3 Unit's final Adequacy Target attributable to bilingual
4 education shall include all additional investments in
5 English learner students' adequacy elements.
6 "Budget Year" means the school year for which primary
7 State aid is calculated and awarded under this Section.
8 "Central office" means individual administrators and
9 support service personnel charged with managing the
10 instructional programs, business and operations, and
11 security of the Organizational Unit.
12 "Comparable Wage Index" or "CWI" means a regional cost
13 differentiation metric that measures systemic, regional
14 variations in the salaries of college graduates who are
15 not educators. The CWI utilized for this Section shall,
16 for the first 3 years of Evidence-Based Funding
17 implementation, be the CWI initially developed by the
18 National Center for Education Statistics, as most recently
19 updated by Texas A & M University. In the fourth and
20 subsequent years of Evidence-Based Funding implementation,
21 the State Superintendent shall re-determine the CWI using
22 a similar methodology to that identified in the Texas A & M
23 University study, with adjustments made no less frequently
24 than once every 5 years.
25 "Computer technology and equipment" means computers
26 servers, notebooks, network equipment, copiers, printers,
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1 instructional software, security software, curriculum
2 management courseware, and other similar materials and
3 equipment.
4 "Computer technology and equipment investment
5 allocation" means the final Adequacy Target amount of an
6 Organizational Unit assigned to Tier 1 or Tier 2 in the
7 prior school year attributable to the additional $285.50
8 per student computer technology and equipment investment
9 grant divided by the Organizational Unit's final Adequacy
10 Target, the result of which shall be multiplied by the
11 amount of new funding received pursuant to this Section.
12 An Organizational Unit assigned to a Tier 1 or Tier 2 final
13 Adequacy Target attributable to the received computer
14 technology and equipment investment grant shall include
15 all additional investments in computer technology and
16 equipment adequacy elements.
17 "Core subject" means mathematics; science; reading,
18 English, writing, and language arts; history and social
19 studies; world languages; and subjects taught as Advanced
20 Placement in high schools.
21 "Core teacher" means a regular classroom teacher in
22 elementary schools and teachers of a core subject in
23 middle and high schools.
24 "Core Intervention teacher (tutor)" means a licensed
25 teacher providing one-on-one or small group tutoring to
26 students struggling to meet proficiency in core subjects.
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1 "CPPRT" means corporate personal property replacement
2 tax funds paid to an Organizational Unit during the
3 calendar year one year before the calendar year in which a
4 school year begins, pursuant to "An Act in relation to the
5 abolition of ad valorem personal property tax and the
6 replacement of revenues lost thereby, and amending and
7 repealing certain Acts and parts of Acts in connection
8 therewith", certified August 14, 1979, as amended (Public
9 Act 81-1st S.S.-1).
10 "EAV" means equalized assessed valuation as defined in
11 paragraph (2) of subsection (d) of this Section and
12 calculated in accordance with paragraph (3) of subsection
13 (d) of this Section.
14 "ECI" means the Bureau of Labor Statistics' national
15 employment cost index for civilian workers in educational
16 services in elementary and secondary schools on a
17 cumulative basis for the 12-month calendar year preceding
18 the fiscal year of the Evidence-Based Funding calculation.
19 "EIS Data" means the employment information system
20 data maintained by the State Board on educators within
21 Organizational Units.
22 "Employee benefits" means health, dental, and vision
23 insurance offered to employees of an Organizational Unit,
24 the costs associated with the statutorily required payment
25 of the normal cost of the Organizational Unit's teacher
26 pensions, Social Security employer contributions, and
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1 Illinois Municipal Retirement Fund employer contributions.
2 "English learner" or "EL" means a child included in
3 the definition of "English learners" under Section 14C-2
4 of this Code participating in a program of transitional
5 bilingual education or a transitional program of
6 instruction meeting the requirements and program
7 application procedures of Article 14C of this Code. For
8 the purposes of collecting the number of EL students
9 enrolled, the same collection and calculation methodology
10 as defined above for "ASE" shall apply to English
11 learners, with the exception that EL student enrollment
12 shall include students in grades pre-kindergarten through
13 12.
14 "Essential Elements" means those elements, resources,
15 and educational programs that have been identified through
16 academic research as necessary to improve student success,
17 improve academic performance, close achievement gaps, and
18 provide for other per student costs related to the
19 delivery and leadership of the Organizational Unit, as
20 well as the maintenance and operations of the unit, and
21 which are specified in paragraph (2) of subsection (b) of
22 this Section.
23 "Evidence-Based Funding" means State funding provided
24 to an Organizational Unit pursuant to this Section.
25 "Extended day" means academic and enrichment programs
26 provided to students outside the regular school day before
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1 and after school or during non-instructional times during
2 the school day.
3 "Extension Limitation Ratio" means a numerical ratio
4 in which the numerator is the Base Tax Year's Extension
5 and the denominator is the Preceding Tax Year's Extension.
6 "Final Percent of Adequacy" is defined in paragraph
7 (4) of subsection (f) of this Section.
8 "Final Resources" is defined in paragraph (3) of
9 subsection (f) of this Section.
10 "Full-time equivalent" or "FTE" means the full-time
11 equivalency compensation for staffing the relevant
12 position at an Organizational Unit.
13 "Funding Gap" is defined in paragraph (1) of
14 subsection (g).
15 "Hybrid District" means a partial elementary unit
16 district created pursuant to Article 11E of this Code.
17 "Instructional assistant" means a core or special
18 education, non-licensed employee who assists a teacher in
19 the classroom and provides academic support to students.
20 "Instructional facilitator" means a qualified teacher
21 or licensed teacher leader who facilitates and coaches
22 continuous improvement in classroom instruction; provides
23 instructional support to teachers in the elements of
24 research-based instruction or demonstrates the alignment
25 of instruction with curriculum standards and assessment
26 tools; develops or coordinates instructional programs or
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1 strategies; develops and implements training; chooses
2 standards-based instructional materials; provides
3 teachers with an understanding of current research; serves
4 as a mentor, site coach, curriculum specialist, or lead
5 teacher; or otherwise works with fellow teachers, in
6 collaboration, to use data to improve instructional
7 practice or develop model lessons.
8 "Instructional materials" means relevant
9 instructional materials for student instruction,
10 including, but not limited to, textbooks, consumable
11 workbooks, laboratory equipment, library books, and other
12 similar materials.
13 "Laboratory School" means a public school that is
14 created and operated by a public university and approved
15 by the State Board.
16 "Librarian" means a teacher with an endorsement as a
17 library information specialist or another individual whose
18 primary responsibility is overseeing library resources
19 within an Organizational Unit.
20 "Limiting rate for Hybrid Districts" means the
21 combined elementary school and high school limiting rates.
22 "Local Capacity" is defined in paragraph (1) of
23 subsection (c) of this Section.
24 "Local Capacity Percentage" is defined in subparagraph
25 (A) of paragraph (2) of subsection (c) of this Section.
26 "Local Capacity Ratio" is defined in subparagraph (B)
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1 of paragraph (2) of subsection (c) of this Section.
2 "Local Capacity Target" is defined in paragraph (2) of
3 subsection (c) of this Section.
4 "Low-Income Count" means, for an Organizational Unit
5 in a fiscal year, the higher of the average number of
6 students for the prior school year or the immediately
7 preceding 3 school years who, as of July 1 of the
8 immediately preceding fiscal year (as determined by the
9 Department of Human Services), are eligible for at least
10 one of the following low-income programs: Medicaid, the
11 Children's Health Insurance Program, Temporary Assistance
12 for Needy Families (TANF), or the Supplemental Nutrition
13 Assistance Program, excluding pupils who are eligible for
14 services provided by the Department of Children and Family
15 Services. Until such time that grade level low-income
16 populations become available, grade level low-income
17 populations shall be determined by applying the low-income
18 percentage to total student enrollments by grade level.
19 The low-income percentage is determined by dividing the
20 Low-Income Count by the Average Student Enrollment. The
21 low-income percentage for a regional office of education
22 or an intermediate service center operating one or more
23 alternative education programs must be set to the weighted
24 average of the low-income percentages of all of the school
25 districts in the service region. The weighted low-income
26 percentage is the result of multiplying the low-income
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1 percentage of each school district served by the regional
2 office of education or intermediate service center by each
3 school district's Average Student Enrollment, summarizing
4 those products and dividing the total by the total Average
5 Student Enrollment for the service region.
6 "Maintenance and operations" means custodial services,
7 facility and ground maintenance, facility operations,
8 facility security, routine facility repairs, and other
9 similar services and functions.
10 "Minimum Funding Level" is defined in paragraph (9) of
11 subsection (g) of this Section.
12 "New Property Tax Relief Pool Funds" means, for any
13 given fiscal year, all State funds appropriated under
14 Section 2-3.170 of this Code.
15 "New State Funds" means, for a given school year, all
16 State funds appropriated for Evidence-Based Funding in
17 excess of the amount needed to fund the Base Funding
18 Minimum for all Organizational Units in that school year.
19 "Nurse" means an individual licensed as a certified
20 school nurse, in accordance with the rules established for
21 nursing services by the State Board, who is an employee of
22 and is available to provide health care-related services
23 for students of an Organizational Unit.
24 "Operating Tax Rate" means the rate utilized in the
25 previous year to extend property taxes for all purposes,
26 except Bond and Interest, Summer School, Rent, Capital
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1 Improvement, and Vocational Education Building purposes.
2 For Hybrid Districts, the Operating Tax Rate shall be the
3 combined elementary and high school rates utilized in the
4 previous year to extend property taxes for all purposes,
5 except Bond and Interest, Summer School, Rent, Capital
6 Improvement, and Vocational Education Building purposes.
7 "Organizational Unit" means a Laboratory School or any
8 public school district that is recognized as such by the
9 State Board and that contains elementary schools typically
10 serving kindergarten through 5th grades, middle schools
11 typically serving 6th through 8th grades, high schools
12 typically serving 9th through 12th grades, a program
13 established under Section 2-3.66 or 2-3.41, or a program
14 operated by a regional office of education or an
15 intermediate service center under Article 13A or 13B. The
16 General Assembly acknowledges that the actual grade levels
17 served by a particular Organizational Unit may vary
18 slightly from what is typical.
19 "Organizational Unit CWI" is determined by calculating
20 the CWI in the region and original county in which an
21 Organizational Unit's primary administrative office is
22 located as set forth in this paragraph, provided that if
23 the Organizational Unit CWI as calculated in accordance
24 with this paragraph is less than 0.9, the Organizational
25 Unit CWI shall be increased to 0.9. Each county's current
26 CWI value shall be adjusted based on the CWI value of that
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1 county's neighboring Illinois counties, to create a
2 "weighted adjusted index value". This shall be calculated
3 by summing the CWI values of all of a county's adjacent
4 Illinois counties and dividing by the number of adjacent
5 Illinois counties, then taking the weighted value of the
6 original county's CWI value and the adjacent Illinois
7 county average. To calculate this weighted value, if the
8 number of adjacent Illinois counties is greater than 2,
9 the original county's CWI value will be weighted at 0.25
10 and the adjacent Illinois county average will be weighted
11 at 0.75. If the number of adjacent Illinois counties is 2,
12 the original county's CWI value will be weighted at 0.33
13 and the adjacent Illinois county average will be weighted
14 at 0.66. The greater of the county's current CWI value and
15 its weighted adjusted index value shall be used as the
16 Organizational Unit CWI.
17 "Preceding Tax Year" means the property tax levy year
18 immediately preceding the Base Tax Year.
19 "Preceding Tax Year's Extension" means the product of
20 the equalized assessed valuation utilized by the county
21 clerk in the Preceding Tax Year multiplied by the
22 Operating Tax Rate.
23 "Preliminary Percent of Adequacy" is defined in
24 paragraph (2) of subsection (f) of this Section.
25 "Preliminary Resources" is defined in paragraph (2) of
26 subsection (f) of this Section.
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1 "Principal" means a school administrator duly endorsed
2 to be employed as a principal in this State.
3 "Professional development" means training programs for
4 licensed staff in schools, including, but not limited to,
5 programs that assist in implementing new curriculum
6 programs, provide data focused or academic assessment data
7 training to help staff identify a student's weaknesses and
8 strengths, target interventions, improve instruction,
9 encompass instructional strategies for English learner,
10 gifted, or at-risk students, address inclusivity, cultural
11 sensitivity, or implicit bias, or otherwise provide
12 professional support for licensed staff.
13 "Prototypical" means 450 special education
14 pre-kindergarten and kindergarten through grade 5 students
15 for an elementary school, 450 grade 6 through 8 students
16 for a middle school, and 600 grade 9 through 12 students
17 for a high school.
18 "PTELL" means the Property Tax Extension Limitation
19 Law.
20 "PTELL EAV" is defined in paragraph (4) of subsection
21 (d) of this Section.
22 "Pupil support staff" means a nurse, psychologist,
23 social worker, family liaison personnel, or other staff
24 member who provides support to at-risk or struggling
25 students.
26 "Real Receipts" is defined in paragraph (1) of
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1 subsection (d) of this Section.
2 "Regionalization Factor" means, for a particular
3 Organizational Unit, the figure derived by dividing the
4 Organizational Unit CWI by the Statewide Weighted CWI.
5 "School counselor" means a licensed school counselor
6 who provides guidance and counseling support for students
7 within an Organizational Unit.
8 "School site staff" means the primary school secretary
9 and any additional clerical personnel assigned to a
10 school.
11 "Special education" means special educational
12 facilities and services, as defined in Section 14-1.08 of
13 this Code.
14 "Special Education Allocation" means the amount of an
15 Organizational Unit's final Adequacy Target attributable
16 to special education divided by the Organizational Unit's
17 final Adequacy Target, the product of which shall be
18 multiplied by the amount of new funding received pursuant
19 to this Section. An Organizational Unit's final Adequacy
20 Target attributable to special education shall include all
21 special education investment adequacy elements.
22 "Specialist teacher" means a teacher who provides
23 instruction in subject areas not included in core
24 subjects, including, but not limited to, art, music,
25 physical education, health, driver education,
26 career-technical education, and such other subject areas
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1 as may be mandated by State law or provided by an
2 Organizational Unit.
3 "Specially Funded Unit" means an Alternative School,
4 safe school, Department of Juvenile Justice school,
5 special education cooperative or entity recognized by the
6 State Board as a special education cooperative,
7 State-approved charter school, or alternative learning
8 opportunities program that received direct funding from
9 the State Board during the 2016-2017 school year through
10 any of the funding sources included within the calculation
11 of the Base Funding Minimum or Glenwood Academy.
12 "Supplemental Grant Funding" means supplemental
13 general State aid funding received by an Organizational
14 Unit during the 2016-2017 school year pursuant to
15 subsection (H) of Section 18-8.05 of this Code (now
16 repealed).
17 "State Adequacy Level" is the sum of the Adequacy
18 Targets of all Organizational Units.
19 "State Board" means the State Board of Education.
20 "State Superintendent" means the State Superintendent
21 of Education.
22 "Statewide Weighted CWI" means a figure determined by
23 multiplying each Organizational Unit CWI times the ASE for
24 that Organizational Unit creating a weighted value,
25 summing all Organizational Units' weighted values, and
26 dividing by the total ASE of all Organizational Units,
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1 thereby creating an average weighted index.
2 "Student activities" means non-credit producing
3 after-school programs, including, but not limited to,
4 clubs, bands, sports, and other activities authorized by
5 the school board of the Organizational Unit.
6 "Substitute teacher" means an individual teacher or
7 teaching assistant who is employed by an Organizational
8 Unit and is temporarily serving the Organizational Unit on
9 a per diem or per period-assignment basis to replace
10 another staff member.
11 "Summer school" means academic and enrichment programs
12 provided to students during the summer months outside of
13 the regular school year.
14 "Supervisory aide" means a non-licensed staff member
15 who helps in supervising students of an Organizational
16 Unit, but does so outside of the classroom, in situations
17 such as, but not limited to, monitoring hallways and
18 playgrounds, supervising lunchrooms, or supervising
19 students when being transported in buses serving the
20 Organizational Unit.
21 "Target Ratio" is defined in paragraph (4) of
22 subsection (g).
23 "Tier 1", "Tier 2", "Tier 3", and "Tier 4" are defined
24 in paragraph (3) of subsection (g).
25 "Tier 1 Aggregate Funding", "Tier 2 Aggregate
26 Funding", "Tier 3 Aggregate Funding", and "Tier 4
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1 Aggregate Funding" are defined in paragraph (1) of
2 subsection (g).
3 (b) Adequacy Target calculation.
4 (1) Each Organizational Unit's Adequacy Target is the
5 sum of the Organizational Unit's cost of providing
6 Essential Elements, as calculated in accordance with this
7 subsection (b), with the salary amounts in the Essential
8 Elements multiplied by a Regionalization Factor calculated
9 pursuant to paragraph (3) of this subsection (b).
10 (2) The Essential Elements are attributable on a pro
11 rata basis related to defined subgroups of the ASE of each
12 Organizational Unit as specified in this paragraph (2),
13 with investments and FTE positions pro rata funded based
14 on ASE counts in excess of or less than the thresholds set
15 forth in this paragraph (2). The method for calculating
16 attributable pro rata costs and the defined subgroups
17 thereto are as follows:
18 (A) Core class size investments. Each
19 Organizational Unit shall receive the funding required
20 to support that number of FTE core teacher positions
21 as is needed to keep the respective class sizes of the
22 Organizational Unit to the following maximum numbers:
23 (i) For grades kindergarten through 3, the
24 Organizational Unit shall receive funding required
25 to support one FTE core teacher position for every
26 15 Low-Income Count students in those grades and
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1 one FTE core teacher position for every 20
2 non-Low-Income Count students in those grades.
3 (ii) For grades 4 through 12, the
4 Organizational Unit shall receive funding required
5 to support one FTE core teacher position for every
6 20 Low-Income Count students in those grades and
7 one FTE core teacher position for every 25
8 non-Low-Income Count students in those grades.
9 The number of non-Low-Income Count students in a
10 grade shall be determined by subtracting the
11 Low-Income students in that grade from the ASE of the
12 Organizational Unit for that grade.
13 (B) Specialist teacher investments. Each
14 Organizational Unit shall receive the funding needed
15 to cover that number of FTE specialist teacher
16 positions that correspond to the following
17 percentages:
18 (i) if the Organizational Unit operates an
19 elementary or middle school, then 20.00% of the
20 number of the Organizational Unit's core teachers,
21 as determined under subparagraph (A) of this
22 paragraph (2); and
23 (ii) if such Organizational Unit operates a
24 high school, then 33.33% of the number of the
25 Organizational Unit's core teachers.
26 (C) Instructional facilitator investments. Each
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1 Organizational Unit shall receive the funding needed
2 to cover one FTE instructional facilitator position
3 for every 200 combined ASE of pre-kindergarten
4 children with disabilities and all kindergarten
5 through grade 12 students of the Organizational Unit.
6 (D) Core intervention teacher (tutor) investments.
7 Each Organizational Unit shall receive the funding
8 needed to cover one FTE teacher position for each
9 prototypical elementary, middle, and high school.
10 (E) Substitute teacher investments. Each
11 Organizational Unit shall receive the funding needed
12 to cover substitute teacher costs that is equal to
13 5.70% of the minimum pupil attendance days required
14 under Section 10-19 of this Code for all full-time
15 equivalent core, specialist, and intervention
16 teachers, school nurses, special education teachers
17 and instructional assistants, instructional
18 facilitators, and summer school and extended day
19 teacher positions, as determined under this paragraph
20 (2), at a salary rate of 33.33% of the average salary
21 for grade K through 12 teachers and 33.33% of the
22 average salary of each instructional assistant
23 position.
24 (F) Core school counselor investments. Each
25 Organizational Unit shall receive the funding needed
26 to cover one FTE school counselor for each 450
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1 combined ASE of pre-kindergarten children with
2 disabilities and all kindergarten through grade 5
3 students, plus one FTE school counselor for each 250
4 grades 6 through 8 ASE middle school students, plus
5 one FTE school counselor for each 250 grades 9 through
6 12 ASE high school students.
7 (G) Nurse investments. Each Organizational Unit
8 shall receive the funding needed to cover one FTE
9 nurse for each 750 combined ASE of pre-kindergarten
10 children with disabilities and all kindergarten
11 through grade 12 students across all grade levels it
12 serves.
13 (H) Supervisory aide investments. Each
14 Organizational Unit shall receive the funding needed
15 to cover one FTE for each 225 combined ASE of
16 pre-kindergarten children with disabilities and all
17 kindergarten through grade 5 students, plus one FTE
18 for each 225 ASE middle school students, plus one FTE
19 for each 200 ASE high school students.
20 (I) Librarian investments. Each Organizational
21 Unit shall receive the funding needed to cover one FTE
22 librarian for each prototypical elementary school,
23 middle school, and high school and one FTE aide or
24 media technician for every 300 combined ASE of
25 pre-kindergarten children with disabilities and all
26 kindergarten through grade 12 students.
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1 (J) Principal investments. Each Organizational
2 Unit shall receive the funding needed to cover one FTE
3 principal position for each prototypical elementary
4 school, plus one FTE principal position for each
5 prototypical middle school, plus one FTE principal
6 position for each prototypical high school.
7 (K) Assistant principal investments. Each
8 Organizational Unit shall receive the funding needed
9 to cover one FTE assistant principal position for each
10 prototypical elementary school, plus one FTE assistant
11 principal position for each prototypical middle
12 school, plus one FTE assistant principal position for
13 each prototypical high school.
14 (L) School site staff investments. Each
15 Organizational Unit shall receive the funding needed
16 for one FTE position for each 225 ASE of
17 pre-kindergarten children with disabilities and all
18 kindergarten through grade 5 students, plus one FTE
19 position for each 225 ASE middle school students, plus
20 one FTE position for each 200 ASE high school
21 students.
22 (M) Gifted investments. Each Organizational Unit
23 shall receive $40 per kindergarten through grade 12
24 ASE.
25 (N) Professional development investments. Each
26 Organizational Unit shall receive $125 per student of
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1 the combined ASE of pre-kindergarten children with
2 disabilities and all kindergarten through grade 12
3 students for trainers and other professional
4 development-related expenses for supplies and
5 materials.
6 (O) Instructional material investments. Each
7 Organizational Unit shall receive $190 per student of
8 the combined ASE of pre-kindergarten children with
9 disabilities and all kindergarten through grade 12
10 students to cover instructional material costs.
11 (P) Assessment investments. Each Organizational
12 Unit shall receive $25 per student of the combined ASE
13 of pre-kindergarten children with disabilities and all
14 kindergarten through grade 12 students to cover
15 assessment costs.
16 (Q) Computer technology and equipment investments.
17 Each Organizational Unit shall receive $285.50 per
18 student of the combined ASE of pre-kindergarten
19 children with disabilities and all kindergarten
20 through grade 12 students to cover computer technology
21 and equipment costs. For the 2018-2019 school year and
22 subsequent school years, Organizational Units assigned
23 to Tier 1 and Tier 2 in the prior school year shall
24 receive an additional $285.50 per student of the
25 combined ASE of pre-kindergarten children with
26 disabilities and all kindergarten through grade 12
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1 students to cover computer technology and equipment
2 costs in the Organizational Unit's Adequacy Target.
3 The State Board may establish additional requirements
4 for Organizational Unit expenditures of funds received
5 pursuant to this subparagraph (Q), including a
6 requirement that funds received pursuant to this
7 subparagraph (Q) may be used only for serving the
8 technology needs of the district. It is the intent of
9 Public Act 100-465 that all Tier 1 and Tier 2 districts
10 receive the addition to their Adequacy Target in the
11 following year, subject to compliance with the
12 requirements of the State Board.
13 (R) Student activities investments. Each
14 Organizational Unit shall receive the following
15 funding amounts to cover student activities: $100 per
16 kindergarten through grade 5 ASE student in elementary
17 school, plus $200 per ASE student in middle school,
18 plus $675 per ASE student in high school.
19 (S) Maintenance and operations investments. Each
20 Organizational Unit shall receive $1,038 per student
21 of the combined ASE of pre-kindergarten children with
22 disabilities and all kindergarten through grade 12
23 students for day-to-day maintenance and operations
24 expenditures, including salary, supplies, and
25 materials, as well as purchased services, but
26 excluding employee benefits. The proportion of salary
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1 for the application of a Regionalization Factor and
2 the calculation of benefits is equal to $352.92.
3 (T) Central office investments. Each
4 Organizational Unit shall receive $742 per student of
5 the combined ASE of pre-kindergarten children with
6 disabilities and all kindergarten through grade 12
7 students to cover central office operations, including
8 administrators and classified personnel charged with
9 managing the instructional programs, business and
10 operations of the school district, and security
11 personnel. The proportion of salary for the
12 application of a Regionalization Factor and the
13 calculation of benefits is equal to $368.48.
14 (U) Employee benefit investments. Each
15 Organizational Unit shall receive 30% of the total of
16 all salary-calculated elements of the Adequacy Target,
17 excluding substitute teachers and student activities
18 investments, to cover benefit costs. For central
19 office and maintenance and operations investments, the
20 benefit calculation shall be based upon the salary
21 proportion of each investment. If at any time the
22 responsibility for funding the employer normal cost of
23 teacher pensions is assigned to school districts, then
24 that amount certified by the Teachers' Retirement
25 System of the State of Illinois to be paid by the
26 Organizational Unit for the preceding school year
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1 shall be added to the benefit investment. For any
2 fiscal year in which a school district organized under
3 Article 34 of this Code is responsible for paying the
4 employer normal cost of teacher pensions, then that
5 amount of its employer normal cost plus the amount for
6 retiree health insurance as certified by the Public
7 School Teachers' Pension and Retirement Fund of
8 Chicago to be paid by the school district for the
9 preceding school year that is statutorily required to
10 cover employer normal costs and the amount for retiree
11 health insurance shall be added to the 30% specified
12 in this subparagraph (U). The Teachers' Retirement
13 System of the State of Illinois and the Public School
14 Teachers' Pension and Retirement Fund of Chicago shall
15 submit such information as the State Superintendent
16 may require for the calculations set forth in this
17 subparagraph (U).
18 (V) Additional investments in low-income students.
19 In addition to and not in lieu of all other funding
20 under this paragraph (2), each Organizational Unit
21 shall receive funding based on the average teacher
22 salary for grades K through 12 to cover the costs of:
23 (i) one FTE intervention teacher (tutor)
24 position for every 125 Low-Income Count students;
25 (ii) one FTE pupil support staff position for
26 every 125 Low-Income Count students;
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1 (iii) one FTE extended day teacher position
2 for every 120 Low-Income Count students; and
3 (iv) one FTE summer school teacher position
4 for every 120 Low-Income Count students.
5 (W) Additional investments in English learner
6 students. In addition to and not in lieu of all other
7 funding under this paragraph (2), each Organizational
8 Unit shall receive funding based on the average
9 teacher salary for grades K through 12 to cover the
10 costs of:
11 (i) one FTE intervention teacher (tutor)
12 position for every 125 English learner students;
13 (ii) one FTE pupil support staff position for
14 every 125 English learner students;
15 (iii) one FTE extended day teacher position
16 for every 120 English learner students;
17 (iv) one FTE summer school teacher position
18 for every 120 English learner students; and
19 (v) one FTE core teacher position for every
20 100 English learner students.
21 (X) Special education investments. Each
22 Organizational Unit shall receive funding based on the
23 average teacher salary for grades K through 12 to
24 cover special education as follows:
25 (i) one FTE teacher position for every 141
26 combined ASE of pre-kindergarten children with
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1 disabilities and all kindergarten through grade 12
2 students;
3 (ii) one FTE instructional assistant for every
4 141 combined ASE of pre-kindergarten children with
5 disabilities and all kindergarten through grade 12
6 students; and
7 (iii) one FTE psychologist position for every
8 1,000 combined ASE of pre-kindergarten children
9 with disabilities and all kindergarten through
10 grade 12 students.
11 (3) For calculating the salaries included within the
12 Essential Elements, the State Superintendent shall
13 annually calculate average salaries to the nearest dollar
14 using the employment information system data maintained by
15 the State Board, limited to public schools only and
16 excluding special education and vocational cooperatives,
17 schools operated by the Department of Juvenile Justice,
18 and charter schools, for the following positions:
19 (A) Teacher for grades K through 8.
20 (B) Teacher for grades 9 through 12.
21 (C) Teacher for grades K through 12.
22 (D) School counselor for grades K through 8.
23 (E) School counselor for grades 9 through 12.
24 (F) School counselor for grades K through 12.
25 (G) Social worker.
26 (H) Psychologist.
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1 (I) Librarian.
2 (J) Nurse.
3 (K) Principal.
4 (L) Assistant principal.
5 For the purposes of this paragraph (3), "teacher"
6 includes core teachers, specialist and elective teachers,
7 instructional facilitators, tutors, special education
8 teachers, pupil support staff teachers, English learner
9 teachers, extended day teachers, and summer school
10 teachers. Where specific grade data is not required for
11 the Essential Elements, the average salary for
12 corresponding positions shall apply. For substitute
13 teachers, the average teacher salary for grades K through
14 12 shall apply.
15 For calculating the salaries included within the
16 Essential Elements for positions not included within EIS
17 Data, the following salaries shall be used in the first
18 year of implementation of Evidence-Based Funding:
19 (i) school site staff, $30,000; and
20 (ii) non-instructional assistant, instructional
21 assistant, library aide, library media tech, or
22 supervisory aide: $25,000.
23 In the second and subsequent years of implementation
24 of Evidence-Based Funding, the amounts in items (i) and
25 (ii) of this paragraph (3) shall annually increase by the
26 ECI.
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1 The salary amounts for the Essential Elements
2 determined pursuant to subparagraphs (A) through (L), (S)
3 and (T), and (V) through (X) of paragraph (2) of
4 subsection (b) of this Section shall be multiplied by a
5 Regionalization Factor.
6 (c) Local Capacity calculation.
7 (1) Each Organizational Unit's Local Capacity
8 represents an amount of funding it is assumed to
9 contribute toward its Adequacy Target for purposes of the
10 Evidence-Based Funding formula calculation. "Local
11 Capacity" means either (i) the Organizational Unit's Local
12 Capacity Target as calculated in accordance with paragraph
13 (2) of this subsection (c) if its Real Receipts are equal
14 to or less than its Local Capacity Target or (ii) the
15 Organizational Unit's Adjusted Local Capacity, as
16 calculated in accordance with paragraph (3) of this
17 subsection (c) if Real Receipts are more than its Local
18 Capacity Target.
19 (2) "Local Capacity Target" means, for an
20 Organizational Unit, that dollar amount that is obtained
21 by multiplying its Adequacy Target by its Local Capacity
22 Ratio.
23 (A) An Organizational Unit's Local Capacity
24 Percentage is the conversion of the Organizational
25 Unit's Local Capacity Ratio, as such ratio is
26 determined in accordance with subparagraph (B) of this
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1 paragraph (2), into a cumulative distribution
2 resulting in a percentile ranking to determine each
3 Organizational Unit's relative position to all other
4 Organizational Units in this State. The calculation of
5 Local Capacity Percentage is described in subparagraph
6 (C) of this paragraph (2).
7 (B) An Organizational Unit's Local Capacity Ratio
8 in a given year is the percentage obtained by dividing
9 its Adjusted EAV or PTELL EAV, whichever is less, by
10 its Adequacy Target, with the resulting ratio further
11 adjusted as follows:
12 (i) for Organizational Units serving grades
13 kindergarten through 12 and Hybrid Districts, no
14 further adjustments shall be made;
15 (ii) for Organizational Units serving grades
16 kindergarten through 8, the ratio shall be
17 multiplied by 9/13;
18 (iii) for Organizational Units serving grades
19 9 through 12, the Local Capacity Ratio shall be
20 multiplied by 4/13; and
21 (iv) for an Organizational Unit with a
22 different grade configuration than those specified
23 in items (i) through (iii) of this subparagraph
24 (B), the State Superintendent shall determine a
25 comparable adjustment based on the grades served.
26 (C) The Local Capacity Percentage is equal to the
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1 percentile ranking of the district. Local Capacity
2 Percentage converts each Organizational Unit's Local
3 Capacity Ratio to a cumulative distribution resulting
4 in a percentile ranking to determine each
5 Organizational Unit's relative position to all other
6 Organizational Units in this State. The Local Capacity
7 Percentage cumulative distribution resulting in a
8 percentile ranking for each Organizational Unit shall
9 be calculated using the standard normal distribution
10 of the score in relation to the weighted mean and
11 weighted standard deviation and Local Capacity Ratios
12 of all Organizational Units. If the value assigned to
13 any Organizational Unit is in excess of 90%, the value
14 shall be adjusted to 90%. For Laboratory Schools, the
15 Local Capacity Percentage shall be set at 10% in
16 recognition of the absence of EAV and resources from
17 the public university that are allocated to the
18 Laboratory School. For a regional office of education
19 or an intermediate service center operating one or
20 more alternative education programs, the Local
21 Capacity Percentage must be set at 10% in recognition
22 of the absence of EAV and resources from school
23 districts that are allocated to the regional office of
24 education or intermediate service center. The weighted
25 mean for the Local Capacity Percentage shall be
26 determined by multiplying each Organizational Unit's
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1 Local Capacity Ratio times the ASE for the unit
2 creating a weighted value, summing the weighted values
3 of all Organizational Units, and dividing by the total
4 ASE of all Organizational Units. The weighted standard
5 deviation shall be determined by taking the square
6 root of the weighted variance of all Organizational
7 Units' Local Capacity Ratio, where the variance is
8 calculated by squaring the difference between each
9 unit's Local Capacity Ratio and the weighted mean,
10 then multiplying the variance for each unit times the
11 ASE for the unit to create a weighted variance for each
12 unit, then summing all units' weighted variance and
13 dividing by the total ASE of all units.
14 (D) For any Organizational Unit, the
15 Organizational Unit's Adjusted Local Capacity Target
16 shall be reduced by either (i) the school board's
17 remaining contribution pursuant to paragraph (ii) of
18 subsection (b-4) of Section 16-158 of the Illinois
19 Pension Code in a given year or (ii) the board of
20 education's remaining contribution pursuant to
21 paragraph (iv) of subsection (b) of Section 17-129 of
22 the Illinois Pension Code absent the employer normal
23 cost portion of the required contribution and amount
24 allowed pursuant to subdivision (3) of Section
25 17-142.1 of the Illinois Pension Code in a given year.
26 In the preceding sentence, item (i) shall be certified
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1 to the State Board of Education by the Teachers'
2 Retirement System of the State of Illinois and item
3 (ii) shall be certified to the State Board of
4 Education by the Public School Teachers' Pension and
5 Retirement Fund of the City of Chicago.
6 (3) If an Organizational Unit's Real Receipts are more
7 than its Local Capacity Target, then its Local Capacity
8 shall equal an Adjusted Local Capacity Target as
9 calculated in accordance with this paragraph (3). The
10 Adjusted Local Capacity Target is calculated as the sum of
11 the Organizational Unit's Local Capacity Target and its
12 Real Receipts Adjustment. The Real Receipts Adjustment
13 equals the Organizational Unit's Real Receipts less its
14 Local Capacity Target, with the resulting figure
15 multiplied by the Local Capacity Percentage.
16 As used in this paragraph (3), "Real Percent of
17 Adequacy" means the sum of an Organizational Unit's Real
18 Receipts, CPPRT, and Base Funding Minimum, with the
19 resulting figure divided by the Organizational Unit's
20 Adequacy Target.
21 (d) Calculation of Real Receipts, EAV, and Adjusted EAV
22 for purposes of the Local Capacity calculation.
23 (1) An Organizational Unit's Real Receipts are the
24 product of its Applicable Tax Rate and its Adjusted EAV.
25 An Organizational Unit's Applicable Tax Rate is its
26 Adjusted Operating Tax Rate for property within the
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1 Organizational Unit.
2 (2) The State Superintendent shall calculate the
3 equalized assessed valuation, or EAV, of all taxable
4 property of each Organizational Unit as of September 30 of
5 the previous year in accordance with paragraph (3) of this
6 subsection (d). The State Superintendent shall then
7 determine the Adjusted EAV of each Organizational Unit in
8 accordance with paragraph (4) of this subsection (d),
9 which Adjusted EAV figure shall be used for the purposes
10 of calculating Local Capacity.
11 (3) To calculate Real Receipts and EAV, the Department
12 of Revenue shall supply to the State Superintendent the
13 value as equalized or assessed by the Department of
14 Revenue of all taxable property of every Organizational
15 Unit, together with (i) the applicable tax rate used in
16 extending taxes for the funds of the Organizational Unit
17 as of September 30 of the previous year and (ii) the
18 limiting rate for all Organizational Units subject to
19 property tax extension limitations as imposed under PTELL.
20 (A) The Department of Revenue shall add to the
21 equalized assessed value of all taxable property of
22 each Organizational Unit situated entirely or
23 partially within a county that is or was subject to the
24 provisions of Section 15-176 or 15-177 of the Property
25 Tax Code (i) an amount equal to the total amount by
26 which the homestead exemption allowed under Section
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1 15-176 or 15-177 of the Property Tax Code for real
2 property situated in that Organizational Unit exceeds
3 the total amount that would have been allowed in that
4 Organizational Unit if the maximum reduction under
5 Section 15-176 was (I) $4,500 in Cook County or $3,500
6 in all other counties in tax year 2003 or (II) $5,000
7 in all counties in tax year 2004 and thereafter and
8 (ii) an amount equal to the aggregate amount for the
9 taxable year of all additional exemptions under
10 Section 15-175 of the Property Tax Code for owners
11 with a household income of $30,000 or less. The county
12 clerk of any county that is or was subject to the
13 provisions of Section 15-176 or 15-177 of the Property
14 Tax Code shall annually calculate and certify to the
15 Department of Revenue for each Organizational Unit all
16 homestead exemption amounts under Section 15-176 or
17 15-177 of the Property Tax Code and all amounts of
18 additional exemptions under Section 15-175 of the
19 Property Tax Code for owners with a household income
20 of $30,000 or less. It is the intent of this
21 subparagraph (A) that if the general homestead
22 exemption for a parcel of property is determined under
23 Section 15-176 or 15-177 of the Property Tax Code
24 rather than Section 15-175, then the calculation of
25 EAV shall not be affected by the difference, if any,
26 between the amount of the general homestead exemption
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1 allowed for that parcel of property under Section
2 15-176 or 15-177 of the Property Tax Code and the
3 amount that would have been allowed had the general
4 homestead exemption for that parcel of property been
5 determined under Section 15-175 of the Property Tax
6 Code. It is further the intent of this subparagraph
7 (A) that if additional exemptions are allowed under
8 Section 15-175 of the Property Tax Code for owners
9 with a household income of less than $30,000, then the
10 calculation of EAV shall not be affected by the
11 difference, if any, because of those additional
12 exemptions.
13 (B) With respect to any part of an Organizational
14 Unit within a redevelopment project area in respect to
15 which a municipality has adopted tax increment
16 allocation financing pursuant to the Tax Increment
17 Allocation Redevelopment Act, Division 74.4 of Article
18 11 of the Illinois Municipal Code, or the Industrial
19 Jobs Recovery Law, Division 74.6 of Article 11 of the
20 Illinois Municipal Code, no part of the current EAV of
21 real property located in any such project area that is
22 attributable to an increase above the total initial
23 EAV of such property shall be used as part of the EAV
24 of the Organizational Unit, until such time as all
25 redevelopment project costs have been paid, as
26 provided in Section 11-74.4-8 of the Tax Increment
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1 Allocation Redevelopment Act or in Section 11-74.6-35
2 of the Industrial Jobs Recovery Law. For the purpose
3 of the EAV of the Organizational Unit, the total
4 initial EAV or the current EAV, whichever is lower,
5 shall be used until such time as all redevelopment
6 project costs have been paid.
7 (B-5) The real property equalized assessed
8 valuation for a school district shall be adjusted by
9 subtracting from the real property value, as equalized
10 or assessed by the Department of Revenue, for the
11 district an amount computed by dividing the amount of
12 any abatement of taxes under Section 18-170 of the
13 Property Tax Code by 3.00% for a district maintaining
14 grades kindergarten through 12, by 2.30% for a
15 district maintaining grades kindergarten through 8, or
16 by 1.05% for a district maintaining grades 9 through
17 12 and adjusted by an amount computed by dividing the
18 amount of any abatement of taxes under subsection (a)
19 of Section 18-165 of the Property Tax Code by the same
20 percentage rates for district type as specified in
21 this subparagraph (B-5).
22 (C) For Organizational Units that are Hybrid
23 Districts, the State Superintendent shall use the
24 lesser of the adjusted equalized assessed valuation
25 for property within the partial elementary unit
26 district for elementary purposes, as defined in
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1 Article 11E of this Code, or the adjusted equalized
2 assessed valuation for property within the partial
3 elementary unit district for high school purposes, as
4 defined in Article 11E of this Code.
5 (D) If a school district's boundaries span
6 multiple counties, then the Department of Revenue
7 shall send to the State Board, for the purposes of
8 calculating Evidence-Based Funding, the limiting rate
9 and individual rates by purpose for the county that
10 contains the majority of the school district's
11 equalized assessed valuation.
12 (4) An Organizational Unit's Adjusted EAV shall be the
13 average of its EAV over the immediately preceding 3 years
14 or the lesser of its EAV in the immediately preceding year
15 or the average of its EAV over the immediately preceding 3
16 years if the EAV in the immediately preceding year has
17 declined by 10% or more when comparing the 2 most recent
18 years. In the event of Organizational Unit reorganization,
19 consolidation, or annexation, the Organizational Unit's
20 Adjusted EAV for the first 3 years after such change shall
21 be as follows: the most current EAV shall be used in the
22 first year, the average of a 2-year EAV or its EAV in the
23 immediately preceding year if the EAV declines by 10% or
24 more when comparing the 2 most recent years for the second
25 year, and the lesser of a 3-year average EAV or its EAV in
26 the immediately preceding year if the Adjusted EAV
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1 declines by 10% or more when comparing the 2 most recent
2 years for the third year. For any school district whose
3 EAV in the immediately preceding year is used in
4 calculations, in the following year, the Adjusted EAV
5 shall be the average of its EAV over the immediately
6 preceding 2 years or the immediately preceding year if
7 that year represents a decline of 10% or more when
8 comparing the 2 most recent years.
9 "PTELL EAV" means a figure calculated by the State
10 Board for Organizational Units subject to PTELL as
11 described in this paragraph (4) for the purposes of
12 calculating an Organizational Unit's Local Capacity Ratio.
13 Except as otherwise provided in this paragraph (4), the
14 PTELL EAV of an Organizational Unit shall be equal to the
15 product of the equalized assessed valuation last used in
16 the calculation of general State aid under Section 18-8.05
17 of this Code (now repealed) or Evidence-Based Funding
18 under this Section and the Organizational Unit's Extension
19 Limitation Ratio. If an Organizational Unit has approved
20 or does approve an increase in its limiting rate, pursuant
21 to Section 18-190 of the Property Tax Code, affecting the
22 Base Tax Year, the PTELL EAV shall be equal to the product
23 of the equalized assessed valuation last used in the
24 calculation of general State aid under Section 18-8.05 of
25 this Code (now repealed) or Evidence-Based Funding under
26 this Section multiplied by an amount equal to one plus the
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1 percentage increase, if any, in the Consumer Price Index
2 for All Urban Consumers for all items published by the
3 United States Department of Labor for the 12-month
4 calendar year preceding the Base Tax Year, plus the
5 equalized assessed valuation of new property, annexed
6 property, and recovered tax increment value and minus the
7 equalized assessed valuation of disconnected property.
8 As used in this paragraph (4), "new property" and
9 "recovered tax increment value" shall have the meanings
10 set forth in the Property Tax Extension Limitation Law.
11 (e) Base Funding Minimum calculation.
12 (1) For the 2017-2018 school year, the Base Funding
13 Minimum of an Organizational Unit or a Specially Funded
14 Unit shall be the amount of State funds distributed to the
15 Organizational Unit or Specially Funded Unit during the
16 2016-2017 school year prior to any adjustments and
17 specified appropriation amounts described in this
18 paragraph (1) from the following Sections, as calculated
19 by the State Superintendent: Section 18-8.05 of this Code
20 (now repealed); Section 5 of Article 224 of Public Act
21 99-524 (equity grants); Section 14-7.02b of this Code
22 (funding for children requiring special education
23 services); Section 14-13.01 of this Code (special
24 education facilities and staffing), except for
25 reimbursement of the cost of transportation pursuant to
26 Section 14-13.01; Section 14C-12 of this Code (English
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1 learners); and Section 18-4.3 of this Code (summer
2 school), based on an appropriation level of $13,121,600.
3 For a school district organized under Article 34 of this
4 Code, the Base Funding Minimum also includes (i) the funds
5 allocated to the school district pursuant to Section 1D-1
6 of this Code attributable to funding programs authorized
7 by the Sections of this Code listed in the preceding
8 sentence and (ii) the difference between (I) the funds
9 allocated to the school district pursuant to Section 1D-1
10 of this Code attributable to the funding programs
11 authorized by Section 14-7.02 (non-public special
12 education reimbursement), subsection (b) of Section
13 14-13.01 (special education transportation), Section 29-5
14 (transportation), Section 2-3.80 (agricultural
15 education), Section 2-3.66 (truants' alternative
16 education), Section 2-3.62 (educational service centers),
17 and Section 14-7.03 (special education - orphanage) of
18 this Code and Section 15 of the Childhood Hunger Relief
19 Act (free breakfast program) and (II) the school
20 district's actual expenditures for its non-public special
21 education, special education transportation,
22 transportation programs, agricultural education, truants'
23 alternative education, services that would otherwise be
24 performed by a regional office of education, special
25 education orphanage expenditures, and free breakfast, as
26 most recently calculated and reported pursuant to
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1 subsection (f) of Section 1D-1 of this Code. The Base
2 Funding Minimum for Glenwood Academy shall be $952,014.
3 For programs operated by a regional office of education or
4 an intermediate service center, the Base Funding Minimum
5 must be the total amount of State funds allocated to those
6 programs in the 2018-2019 school year and amounts provided
7 pursuant to Article 34 of Public Act 100-586 and Section
8 3-16 of this Code. All programs established after June 5,
9 2019 (the effective date of Public Act 101-10) and
10 administered by a regional office of education or an
11 intermediate service center must have an initial Base
12 Funding Minimum set to an amount equal to the first-year
13 ASE multiplied by the amount of per pupil funding received
14 in the previous school year by the lowest funded similar
15 existing program type. If the enrollment for a program
16 operated by a regional office of education or an
17 intermediate service center is zero, then it may not
18 receive Base Funding Minimum funds for that program in the
19 next fiscal year, and those funds must be distributed to
20 Organizational Units under subsection (g).
21 (2) For the 2018-2019 and subsequent school years, the
22 Base Funding Minimum of Organizational Units and Specially
23 Funded Units shall be the sum of (i) the amount of
24 Evidence-Based Funding for the prior school year, (ii) the
25 Base Funding Minimum for the prior school year, and (iii)
26 any amount received by a school district pursuant to
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1 Section 7 of Article 97 of Public Act 100-21.
2 For the 2022-2023 school year, the Base Funding
3 Minimum of Organizational Units shall be the amounts
4 recalculated by the State Board of Education for Fiscal
5 Year 2019 through Fiscal Year 2022 that were necessary due
6 to average student enrollment errors for districts
7 organized under Article 34 of this Code, plus the Fiscal
8 Year 2022 property tax relief grants provided under
9 Section 2-3.170 of this Code, ensuring each Organizational
10 Unit has the correct amount of resources for Fiscal Year
11 2023 Evidence-Based Funding calculations and that Fiscal
12 Year 2023 Evidence-Based Funding Distributions are made in
13 accordance with this Section.
14 (3) Subject to approval by the General Assembly as
15 provided in this paragraph (3), an Organizational Unit
16 that meets all of the following criteria, as determined by
17 the State Board, shall have District Intervention Money
18 added to its Base Funding Minimum at the time the Base
19 Funding Minimum is calculated by the State Board:
20 (A) The Organizational Unit is operating under an
21 Independent Authority under Section 2-3.25f-5 of this
22 Code for a minimum of 4 school years or is subject to
23 the control of the State Board pursuant to a court
24 order for a minimum of 4 school years.
25 (B) The Organizational Unit was designated as a
26 Tier 1 or Tier 2 Organizational Unit in the previous
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1 school year under paragraph (3) of subsection (g) of
2 this Section.
3 (C) The Organizational Unit demonstrates
4 sustainability through a 5-year financial and
5 strategic plan.
6 (D) The Organizational Unit has made sufficient
7 progress and achieved sufficient stability in the
8 areas of governance, academic growth, and finances.
9 As part of its determination under this paragraph (3),
10 the State Board may consider the Organizational Unit's
11 summative designation, any accreditations of the
12 Organizational Unit, or the Organizational Unit's
13 financial profile, as calculated by the State Board.
14 If the State Board determines that an Organizational
15 Unit has met the criteria set forth in this paragraph (3),
16 it must submit a report to the General Assembly, no later
17 than January 2 of the fiscal year in which the State Board
18 makes it determination, on the amount of District
19 Intervention Money to add to the Organizational Unit's
20 Base Funding Minimum. The General Assembly must review the
21 State Board's report and may approve or disapprove, by
22 joint resolution, the addition of District Intervention
23 Money. If the General Assembly fails to act on the report
24 within 40 calendar days from the receipt of the report,
25 the addition of District Intervention Money is deemed
26 approved. If the General Assembly approves the amount of
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1 District Intervention Money to be added to the
2 Organizational Unit's Base Funding Minimum, the District
3 Intervention Money must be added to the Base Funding
4 Minimum annually thereafter.
5 For the first 4 years following the initial year that
6 the State Board determines that an Organizational Unit has
7 met the criteria set forth in this paragraph (3) and has
8 received funding under this Section, the Organizational
9 Unit must annually submit to the State Board, on or before
10 November 30, a progress report regarding its financial and
11 strategic plan under subparagraph (C) of this paragraph
12 (3). The plan shall include the financial data from the
13 past 4 annual financial reports or financial audits that
14 must be presented to the State Board by November 15 of each
15 year and the approved budget financial data for the
16 current year. The plan shall be developed according to the
17 guidelines presented to the Organizational Unit by the
18 State Board. The plan shall further include financial
19 projections for the next 3 fiscal years and include a
20 discussion and financial summary of the Organizational
21 Unit's facility needs. If the Organizational Unit does not
22 demonstrate sufficient progress toward its 5-year plan or
23 if it has failed to file an annual financial report, an
24 annual budget, a financial plan, a deficit reduction plan,
25 or other financial information as required by law, the
26 State Board may establish a Financial Oversight Panel
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1 under Article 1H of this Code. However, if the
2 Organizational Unit already has a Financial Oversight
3 Panel, the State Board may extend the duration of the
4 Panel.
5 (f) Percent of Adequacy and Final Resources calculation.
6 (1) The Evidence-Based Funding formula establishes a
7 Percent of Adequacy for each Organizational Unit in order
8 to place such units into tiers for the purposes of the
9 funding distribution system described in subsection (g) of
10 this Section. Initially, an Organizational Unit's
11 Preliminary Resources and Preliminary Percent of Adequacy
12 are calculated pursuant to paragraph (2) of this
13 subsection (f). Then, an Organizational Unit's Final
14 Resources and Final Percent of Adequacy are calculated to
15 account for the Organizational Unit's poverty
16 concentration levels pursuant to paragraphs (3) and (4) of
17 this subsection (f).
18 (2) An Organizational Unit's Preliminary Resources are
19 equal to the sum of its Local Capacity Target, CPPRT, and
20 Base Funding Minimum. An Organizational Unit's Preliminary
21 Percent of Adequacy is the lesser of (i) its Preliminary
22 Resources divided by its Adequacy Target or (ii) 100%.
23 (3) Except for Specially Funded Units, an
24 Organizational Unit's Final Resources are equal to the sum
25 of its Local Capacity, CPPRT, and Adjusted Base Funding
26 Minimum. The Base Funding Minimum of each Specially Funded
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1 Unit shall serve as its Final Resources, except that the
2 Base Funding Minimum for State-approved charter schools
3 shall not include any portion of general State aid
4 allocated in the prior year based on the per capita
5 tuition charge times the charter school enrollment.
6 (4) An Organizational Unit's Final Percent of Adequacy
7 is its Final Resources divided by its Adequacy Target. An
8 Organizational Unit's Adjusted Base Funding Minimum is
9 equal to its Base Funding Minimum less its Supplemental
10 Grant Funding, with the resulting figure added to the
11 product of its Supplemental Grant Funding and Preliminary
12 Percent of Adequacy.
13 (g) Evidence-Based Funding formula distribution system.
14 (1) In each school year under the Evidence-Based
15 Funding formula, each Organizational Unit receives funding
16 equal to the sum of its Base Funding Minimum and the unit's
17 allocation of New State Funds determined pursuant to this
18 subsection (g). To allocate New State Funds, the
19 Evidence-Based Funding formula distribution system first
20 places all Organizational Units into one of 4 tiers in
21 accordance with paragraph (3) of this subsection (g),
22 based on the Organizational Unit's Final Percent of
23 Adequacy. New State Funds are allocated to each of the 4
24 tiers as follows: Tier 1 Aggregate Funding equals 50% of
25 all New State Funds, Tier 2 Aggregate Funding equals 49%
26 of all New State Funds, Tier 3 Aggregate Funding equals
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1 0.9% of all New State Funds, and Tier 4 Aggregate Funding
2 equals 0.1% of all New State Funds. Each Organizational
3 Unit within Tier 1 or Tier 2 receives an allocation of New
4 State Funds equal to its tier Funding Gap, as defined in
5 the following sentence, multiplied by the tier's
6 Allocation Rate determined pursuant to paragraph (4) of
7 this subsection (g). For Tier 1, an Organizational Unit's
8 Funding Gap equals the tier's Target Ratio, as specified
9 in paragraph (5) of this subsection (g), multiplied by the
10 Organizational Unit's Adequacy Target, with the resulting
11 amount reduced by the Organizational Unit's Final
12 Resources. For Tier 2, an Organizational Unit's Funding
13 Gap equals the tier's Target Ratio, as described in
14 paragraph (5) of this subsection (g), multiplied by the
15 Organizational Unit's Adequacy Target, with the resulting
16 amount reduced by the Organizational Unit's Final
17 Resources and its Tier 1 funding allocation. To determine
18 the Organizational Unit's Funding Gap, the resulting
19 amount is then multiplied by a factor equal to one minus
20 the Organizational Unit's Local Capacity Target
21 percentage. Each Organizational Unit within Tier 3 or Tier
22 4 receives an allocation of New State Funds equal to the
23 product of its Adequacy Target and the tier's Allocation
24 Rate, as specified in paragraph (4) of this subsection
25 (g).
26 (2) To ensure equitable distribution of dollars for
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1 all Tier 2 Organizational Units, no Tier 2 Organizational
2 Unit shall receive fewer dollars per ASE than any Tier 3
3 Organizational Unit. Each Tier 2 and Tier 3 Organizational
4 Unit shall have its funding allocation divided by its ASE.
5 Any Tier 2 Organizational Unit with a funding allocation
6 per ASE below the greatest Tier 3 allocation per ASE shall
7 get a funding allocation equal to the greatest Tier 3
8 funding allocation per ASE multiplied by the
9 Organizational Unit's ASE. Each Tier 2 Organizational
10 Unit's Tier 2 funding allocation shall be multiplied by
11 the percentage calculated by dividing the original Tier 2
12 Aggregate Funding by the sum of all Tier 2 Organizational
13 Units' Tier 2 funding allocation after adjusting
14 districts' funding below Tier 3 levels.
15 (3) Organizational Units are placed into one of 4
16 tiers as follows:
17 (A) Tier 1 consists of all Organizational Units,
18 except for Specially Funded Units, with a Percent of
19 Adequacy less than the Tier 1 Target Ratio. The Tier 1
20 Target Ratio is the ratio level that allows for Tier 1
21 Aggregate Funding to be distributed, with the Tier 1
22 Allocation Rate determined pursuant to paragraph (4)
23 of this subsection (g).
24 (B) Tier 2 consists of all Tier 1 Units and all
25 other Organizational Units, except for Specially
26 Funded Units, with a Percent of Adequacy of less than
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1 0.90.
2 (C) Tier 3 consists of all Organizational Units,
3 except for Specially Funded Units, with a Percent of
4 Adequacy of at least 0.90 and less than 1.0.
5 (D) Tier 4 consists of all Organizational Units
6 with a Percent of Adequacy of at least 1.0.
7 (4) The Allocation Rates for Tiers 1 through 4 are
8 determined as follows:
9 (A) The Tier 1 Allocation Rate is 30%.
10 (B) The Tier 2 Allocation Rate is the result of the
11 following equation: Tier 2 Aggregate Funding, divided
12 by the sum of the Funding Gaps for all Tier 2
13 Organizational Units, unless the result of such
14 equation is higher than 1.0. If the result of such
15 equation is higher than 1.0, then the Tier 2
16 Allocation Rate is 1.0.
17 (C) The Tier 3 Allocation Rate is the result of the
18 following equation: Tier 3 Aggregate Funding, divided
19 by the sum of the Adequacy Targets of all Tier 3
20 Organizational Units.
21 (D) The Tier 4 Allocation Rate is the result of the
22 following equation: Tier 4 Aggregate Funding, divided
23 by the sum of the Adequacy Targets of all Tier 4
24 Organizational Units.
25 (5) A tier's Target Ratio is determined as follows:
26 (A) The Tier 1 Target Ratio is the ratio level that
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1 allows for Tier 1 Aggregate Funding to be distributed
2 with the Tier 1 Allocation Rate.
3 (B) The Tier 2 Target Ratio is 0.90.
4 (C) The Tier 3 Target Ratio is 1.0.
5 (6) If, at any point, the Tier 1 Target Ratio is
6 greater than 90%, then all Tier 1 funding shall be
7 allocated to Tier 2 and no Tier 1 Organizational Unit's
8 funding may be identified.
9 (7) In the event that all Tier 2 Organizational Units
10 receive funding at the Tier 2 Target Ratio level, any
11 remaining New State Funds shall be allocated to Tier 3 and
12 Tier 4 Organizational Units.
13 (8) If any Specially Funded Units, excluding Glenwood
14 Academy, recognized by the State Board do not qualify for
15 direct funding following the implementation of Public Act
16 100-465 from any of the funding sources included within
17 the definition of Base Funding Minimum, the unqualified
18 portion of the Base Funding Minimum shall be transferred
19 to one or more appropriate Organizational Units as
20 determined by the State Superintendent based on the prior
21 year ASE of the Organizational Units.
22 (8.5) If a school district withdraws from a special
23 education cooperative, the portion of the Base Funding
24 Minimum that is attributable to the school district may be
25 redistributed to the school district upon withdrawal. The
26 school district and the cooperative must include the
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1 amount of the Base Funding Minimum that is to be
2 reapportioned in their withdrawal agreement and notify the
3 State Board of the change with a copy of the agreement upon
4 withdrawal.
5 (9) The Minimum Funding Level is intended to establish
6 a target for State funding that will keep pace with
7 inflation and continue to advance equity through the
8 Evidence-Based Funding formula. The target for State
9 funding of New Property Tax Relief Pool Funds is
10 $50,000,000 for State fiscal year 2019 and subsequent
11 State fiscal years. The Minimum Funding Level is equal to
12 $350,000,000. In addition to any New State Funds, no more
13 than $50,000,000 New Property Tax Relief Pool Funds may be
14 counted toward the Minimum Funding Level. If the sum of
15 New State Funds and applicable New Property Tax Relief
16 Pool Funds are less than the Minimum Funding Level, than
17 funding for tiers shall be reduced in the following
18 manner:
19 (A) First, Tier 4 funding shall be reduced by an
20 amount equal to the difference between the Minimum
21 Funding Level and New State Funds until such time as
22 Tier 4 funding is exhausted.
23 (B) Next, Tier 3 funding shall be reduced by an
24 amount equal to the difference between the Minimum
25 Funding Level and New State Funds and the reduction in
26 Tier 4 funding until such time as Tier 3 funding is
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1 exhausted.
2 (C) Next, Tier 2 funding shall be reduced by an
3 amount equal to the difference between the Minimum
4 Funding Level and New State Funds and the reduction in
5 Tier 4 and Tier 3.
6 (D) Finally, Tier 1 funding shall be reduced by an
7 amount equal to the difference between the Minimum
8 Funding level and New State Funds and the reduction in
9 Tier 2, 3, and 4 funding. In addition, the Allocation
10 Rate for Tier 1 shall be reduced to a percentage equal
11 to the Tier 1 Allocation Rate set by paragraph (4) of
12 this subsection (g), multiplied by the result of New
13 State Funds divided by the Minimum Funding Level.
14 (9.5) For State fiscal year 2019 and subsequent State
15 fiscal years, if New State Funds exceed $300,000,000, then
16 any amount in excess of $300,000,000 shall be dedicated
17 for purposes of Section 2-3.170 of this Code up to a
18 maximum of $50,000,000.
19 (10) In the event of a decrease in the amount of the
20 appropriation for this Section in any fiscal year after
21 implementation of this Section, the Organizational Units
22 receiving Tier 1 and Tier 2 funding, as determined under
23 paragraph (3) of this subsection (g), shall be held
24 harmless by establishing a Base Funding Guarantee equal to
25 the per pupil kindergarten through grade 12 funding
26 received in accordance with this Section in the prior
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1 fiscal year. Reductions shall be made to the Base Funding
2 Minimum of Organizational Units in Tier 3 and Tier 4 on a
3 per pupil basis equivalent to the total number of the ASE
4 in Tier 3-funded and Tier 4-funded Organizational Units
5 divided by the total reduction in State funding. The Base
6 Funding Minimum as reduced shall continue to be applied to
7 Tier 3 and Tier 4 Organizational Units and adjusted by the
8 relative formula when increases in appropriations for this
9 Section resume. In no event may State funding reductions
10 to Organizational Units in Tier 3 or Tier 4 exceed an
11 amount that would be less than the Base Funding Minimum
12 established in the first year of implementation of this
13 Section. If additional reductions are required, all school
14 districts shall receive a reduction by a per pupil amount
15 equal to the aggregate additional appropriation reduction
16 divided by the total ASE of all Organizational Units.
17 (11) The State Superintendent shall make minor
18 adjustments to the distribution formula set forth in this
19 subsection (g) to account for the rounding of percentages
20 to the nearest tenth of a percentage and dollar amounts to
21 the nearest whole dollar.
22 (h) State Superintendent administration of funding and
23 district submission requirements.
24 (1) The State Superintendent shall, in accordance with
25 appropriations made by the General Assembly, meet the
26 funding obligations created under this Section.
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1 (2) The State Superintendent shall calculate the
2 Adequacy Target for each Organizational Unit under this
3 Section. No Evidence-Based Funding shall be distributed
4 within an Organizational Unit without the approval of the
5 unit's school board.
6 (3) Annually, the State Superintendent shall calculate
7 and report to each Organizational Unit the unit's
8 aggregate financial adequacy amount, which shall be the
9 sum of the Adequacy Target for each Organizational Unit.
10 The State Superintendent shall calculate and report
11 separately for each Organizational Unit the unit's total
12 State funds allocated for its students with disabilities.
13 The State Superintendent shall calculate and report
14 separately for each Organizational Unit the amount of
15 funding and applicable FTE calculated for each Essential
16 Element of the unit's Adequacy Target.
17 (4) Annually, the State Superintendent shall calculate
18 and report to each Organizational Unit the amount the unit
19 must expend on special education and bilingual education
20 and computer technology and equipment for Organizational
21 Units assigned to Tier 1 or Tier 2 that received an
22 additional $285.50 per student computer technology and
23 equipment investment grant to their Adequacy Target
24 pursuant to the unit's Base Funding Minimum, Special
25 Education Allocation, Bilingual Education Allocation, and
26 computer technology and equipment investment allocation.
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1 (5) Moneys distributed under this Section shall be
2 calculated on a school year basis, but paid on a fiscal
3 year basis, with payments beginning in August and
4 extending through June. Unless otherwise provided, the
5 moneys appropriated for each fiscal year shall be
6 distributed in 22 equal payments at least 2 times monthly
7 to each Organizational Unit. If moneys appropriated for
8 any fiscal year are distributed other than monthly, the
9 distribution shall be on the same basis for each
10 Organizational Unit.
11 (6) Any school district that fails, for any given
12 school year, to maintain school as required by law or to
13 maintain a recognized school is not eligible to receive
14 Evidence-Based Funding. In case of non-recognition of one
15 or more attendance centers in a school district otherwise
16 operating recognized schools, the claim of the district
17 shall be reduced in the proportion that the enrollment in
18 the attendance center or centers bears to the enrollment
19 of the school district. "Recognized school" means any
20 public school that meets the standards for recognition by
21 the State Board. A school district or attendance center
22 not having recognition status at the end of a school term
23 is entitled to receive State aid payments due upon a legal
24 claim that was filed while it was recognized.
25 (7) School district claims filed under this Section
26 are subject to Sections 18-9 and 18-12 of this Code,
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1 except as otherwise provided in this Section.
2 (8) Each fiscal year, the State Superintendent shall
3 calculate for each Organizational Unit an amount of its
4 Base Funding Minimum and Evidence-Based Funding that shall
5 be deemed attributable to the provision of special
6 educational facilities and services, as defined in Section
7 14-1.08 of this Code, in a manner that ensures compliance
8 with maintenance of State financial support requirements
9 under the federal Individuals with Disabilities Education
10 Act. An Organizational Unit must use such funds only for
11 the provision of special educational facilities and
12 services, as defined in Section 14-1.08 of this Code, and
13 must comply with any expenditure verification procedures
14 adopted by the State Board.
15 (9) All Organizational Units in this State must submit
16 annual spending plans, as part of the budget submission
17 process, no later than October 31 of each year to the State
18 Board. The spending plan shall describe how each
19 Organizational Unit will utilize the Base Funding Minimum
20 and Evidence-Based Funding it receives from this State
21 under this Section with specific identification of the
22 intended utilization of Low-Income, English learner, and
23 special education resources. Additionally, the annual
24 spending plans of each Organizational Unit shall describe
25 how the Organizational Unit expects to achieve student
26 growth and how the Organizational Unit will achieve State
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1 education goals, as defined by the State Board, and shall
2 indicate which stakeholder groups the Organizational Unit
3 engaged with to inform its annual spending plans. The
4 State Superintendent may, from time to time, identify
5 additional requisites for Organizational Units to satisfy
6 when compiling the annual spending plans required under
7 this subsection (h). The format and scope of annual
8 spending plans shall be developed by the State
9 Superintendent and the State Board of Education. School
10 districts that serve students under Article 14C of this
11 Code shall continue to submit information as required
12 under Section 14C-12 of this Code. Annual spending plans
13 required under this subsection (h) shall be integrated
14 into annual school district budgets completed pursuant to
15 Section 17-1 or Section 34-43. Organizational Units that
16 do not submit a budget to the State Board shall be provided
17 with a separate planning template developed by the State
18 Board. The State Board shall create an Evidence-Based
19 Funding spending plan tool to make Evidence-Based Funding
20 spending plan data for each Organizational Unit available
21 on the State Board's website no later than December 31,
22 2025, with annual updates thereafter. The tool shall allow
23 for the selection and review of each Organizational Unit's
24 planned use of Evidence-Based Funding.
25 (10) No later than January 1, 2018, the State
26 Superintendent shall develop a 5-year strategic plan for
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1 all Organizational Units to help in planning for adequacy
2 funding under this Section. The State Superintendent shall
3 submit the plan to the Governor and the General Assembly,
4 as provided in Section 3.1 of the General Assembly
5 Organization Act. The plan shall include recommendations
6 for:
7 (A) a framework for collaborative, professional,
8 innovative, and 21st century learning environments
9 using the Evidence-Based Funding model;
10 (B) ways to prepare and support this State's
11 educators for successful instructional careers;
12 (C) application and enhancement of the current
13 financial accountability measures, the approved State
14 plan to comply with the federal Every Student Succeeds
15 Act, and the Illinois Balanced Accountability Measures
16 in relation to student growth and elements of the
17 Evidence-Based Funding model; and
18 (D) implementation of an effective school adequacy
19 funding system based on projected and recommended
20 funding levels from the General Assembly.
21 (11) On an annual basis, the State Superintendent must
22 recalibrate all of the following per pupil elements of the
23 Adequacy Target and applied to the formulas, based on the
24 study of average expenses and as reported in the most
25 recent annual financial report:
26 (A) Gifted under subparagraph (M) of paragraph (2)
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1 of subsection (b).
2 (B) Instructional materials under subparagraph (O)
3 of paragraph (2) of subsection (b).
4 (C) Assessment under subparagraph (P) of paragraph
5 (2) of subsection (b).
6 (D) Student activities under subparagraph (R) of
7 paragraph (2) of subsection (b).
8 (E) Maintenance and operations under subparagraph
9 (S) of paragraph (2) of subsection (b).
10 (F) Central office under subparagraph (T) of
11 paragraph (2) of subsection (b).
12 (i) Professional Review Panel.
13 (1) A Professional Review Panel is created to study
14 and review topics related to the implementation and effect
15 of Evidence-Based Funding, as assigned by a joint
16 resolution or Public Act of the General Assembly or a
17 motion passed by the State Board of Education. The Panel
18 must provide recommendations to and serve the Governor,
19 the General Assembly, and the State Board. The State
20 Superintendent or his or her designee must serve as a
21 voting member and chairperson of the Panel. The State
22 Superintendent must appoint a vice chairperson from the
23 membership of the Panel. The Panel must advance
24 recommendations based on a three-fifths majority vote of
25 Panel members present and voting. A minority opinion may
26 also accompany any recommendation of the Panel. The Panel
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1 shall be appointed by the State Superintendent, except as
2 otherwise provided in paragraph (2) of this subsection (i)
3 and include the following members:
4 (A) Two appointees that represent district
5 superintendents, recommended by a statewide
6 organization that represents district superintendents.
7 (B) Two appointees that represent school boards,
8 recommended by a statewide organization that
9 represents school boards.
10 (C) Two appointees from districts that represent
11 school business officials, recommended by a statewide
12 organization that represents school business
13 officials.
14 (D) Two appointees that represent school
15 principals, recommended by a statewide organization
16 that represents school principals.
17 (E) Two appointees that represent teachers,
18 recommended by a statewide organization that
19 represents teachers.
20 (F) Two appointees that represent teachers,
21 recommended by another statewide organization that
22 represents teachers.
23 (G) Two appointees that represent regional
24 superintendents of schools, recommended by
25 organizations that represent regional superintendents.
26 (H) Two independent experts selected solely by the
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1 State Superintendent.
2 (I) Two independent experts recommended by public
3 universities in this State.
4 (J) One member recommended by a statewide
5 organization that represents parents.
6 (K) Two representatives recommended by collective
7 impact organizations that represent major metropolitan
8 areas or geographic areas in Illinois.
9 (L) One member from a statewide organization
10 focused on research-based education policy to support
11 a school system that prepares all students for
12 college, a career, and democratic citizenship.
13 (M) One representative from a school district
14 organized under Article 34 of this Code.
15 The State Superintendent shall ensure that the
16 membership of the Panel includes representatives from
17 school districts and communities reflecting the
18 geographic, socio-economic, racial, and ethnic diversity
19 of this State. The State Superintendent shall additionally
20 ensure that the membership of the Panel includes
21 representatives with expertise in bilingual education and
22 special education. Staff from the State Board shall staff
23 the Panel.
24 (2) In addition to those Panel members appointed by
25 the State Superintendent, 4 members of the General
26 Assembly shall be appointed as follows: one member of the
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1 House of Representatives appointed by the Speaker of the
2 House of Representatives, one member of the Senate
3 appointed by the President of the Senate, one member of
4 the House of Representatives appointed by the Minority
5 Leader of the House of Representatives, and one member of
6 the Senate appointed by the Minority Leader of the Senate.
7 There shall be one additional member appointed by the
8 Governor. All members appointed by legislative leaders or
9 the Governor shall be non-voting, ex officio members.
10 (3) The Panel must study topics at the direction of
11 the General Assembly or State Board of Education, as
12 provided under paragraph (1). The Panel may also study the
13 following topics at the direction of the chairperson:
14 (A) The format and scope of annual spending plans
15 referenced in paragraph (9) of subsection (h) of this
16 Section.
17 (B) The Comparable Wage Index under this Section.
18 (C) Maintenance and operations, including capital
19 maintenance and construction costs.
20 (D) "At-risk student" definition.
21 (E) Benefits.
22 (F) Technology.
23 (G) Local Capacity Target.
24 (H) Funding for Alternative Schools, Laboratory
25 Schools, safe schools, and alternative learning
26 opportunities programs.
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1 (I) Funding for college and career acceleration
2 strategies.
3 (J) Special education investments.
4 (K) Early childhood investments, in collaboration
5 with the Illinois Early Learning Council.
6 (4) (Blank).
7 (5) Within 5 years after the implementation of this
8 Section, and every 5 years thereafter, the Panel shall
9 complete an evaluative study of the entire Evidence-Based
10 Funding model, including an assessment of whether or not
11 the formula is achieving State goals. The Panel shall
12 report to the State Board, the General Assembly, and the
13 Governor on the findings of the study.
14 (6) (Blank).
15 (7) To ensure that (i) the Adequacy Target calculation
16 under subsection (b) accurately reflects the needs of
17 students living in poverty or attending schools located in
18 areas of high poverty, (ii) racial equity within the
19 Evidence-Based Funding formula is explicitly explored and
20 advanced, and (iii) the funding goals of the formula
21 distribution system established under this Section are
22 sufficient to provide adequate funding for every student
23 and to fully fund every school in this State, the Panel
24 shall review the Essential Elements under paragraph (2) of
25 subsection (b). The Panel shall consider all of the
26 following in its review:
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1 (A) The financial ability of school districts to
2 provide instruction in a foreign language to every
3 student and whether an additional Essential Element
4 should be added to the formula to ensure that every
5 student has access to instruction in a foreign
6 language.
7 (B) The adult-to-student ratio for each Essential
8 Element in which a ratio is identified. The Panel
9 shall consider whether the ratio accurately reflects
10 the staffing needed to support students living in
11 poverty or who have traumatic backgrounds.
12 (C) Changes to the Essential Elements that may be
13 required to better promote racial equity and eliminate
14 structural racism within schools.
15 (D) The impact of investing $350,000,000 in
16 additional funds each year under this Section and an
17 estimate of when the school system will become fully
18 funded under this level of appropriation.
19 (E) Provide an overview of alternative funding
20 structures that would enable the State to become fully
21 funded at an earlier date.
22 (F) The potential to increase efficiency and to
23 find cost savings within the school system to expedite
24 the journey to a fully funded system.
25 (G) The appropriate levels for reenrolling and
26 graduating high-risk high school students who have
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1 been previously out of school. These outcomes shall
2 include enrollment, attendance, skill gains, credit
3 gains, graduation or promotion to the next grade
4 level, and the transition to college, training, or
5 employment, with an emphasis on progressively
6 increasing the overall attendance.
7 (H) The evidence-based or research-based practices
8 that are shown to reduce the gaps and disparities
9 experienced by African American students in academic
10 achievement and educational performance, including
11 practices that have been shown to reduce disparities
12 in disciplinary rates, drop-out rates, graduation
13 rates, college matriculation rates, and college
14 completion rates.
15 On or before December 31, 2021, the Panel shall report
16 to the State Board, the General Assembly, and the Governor
17 on the findings of its review. This paragraph (7) is
18 inoperative on and after July 1, 2022.
19 (8) On or before April 1, 2024, the Panel must submit a
20 report to the General Assembly on annual adjustments to
21 Glenwood Academy's base-funding minimum in a similar
22 fashion to school districts under this Section.
23 (9) On or before March 31, 2026, the Professional
24 Review Panel shall make a report to the Governor and the
25 General Assembly assessing the impact of the property tax
26 relief pool grant program under Section 2-3.170, including
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1 the number of districts participating in the program by
2 fiscal year since Fiscal Year 2019, the tier assignment
3 for participating school districts, and an analysis of the
4 operating tax rates of participating school districts to
5 determine if the grant program is meeting the legislative
6 intent of reducing property taxes in high-tax areas of the
7 State.
8 (j) References. Beginning July 1, 2017, references in
9 other laws to general State aid funds or calculations under
10 Section 18-8.05 of this Code (now repealed) shall be deemed to
11 be references to evidence-based model formula funds or
12 calculations under this Section.
13 (Source: P.A. 102-33, eff. 6-25-21; 102-197, eff. 7-30-21;
14 102-558, eff. 8-20-21; 102-699, eff. 4-19-22; 102-782, eff.
15 1-1-23; 102-813, eff. 5-13-22; 102-894, eff. 5-20-22; 103-8,
16 eff. 6-7-23; 103-154, eff. 6-30-23; 103-175, eff. 6-30-23;
17 103-605, eff. 7-1-24; 103-780, eff. 8-2-24; 103-802, eff.
18 1-1-25; revised 11-26-24.)
19 ARTICLE 35.
20 (105 ILCS 5/14-15.01 rep.)
21 Section 35-5. The School Code is amended by repealing
22 Section 14-15.01.
23 Section 35-10. The Interagency Children's Behavioral
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1 Health Services Act is amended by changing Section 10 as
2 follows:
3 (405 ILCS 165/10)
4 Sec. 10. Interagency agreement. In order to establish the
5 Interagency Children's Behavioral Health Services Team, within
6 90 days after the effective date of this Act, the Department of
7 Children and of Family Services, the Department of Human
8 Services, the Department of Healthcare and Family Services,
9 the Illinois State Board of Education, the Department of
10 Juvenile Justice, and the Department of Public Health shall
11 enter into an interagency agreement for the purpose of
12 establishing the roles and responsibilities of each
13 participating agency.
14 The interagency agreement, among other things, shall
15 address all of the following:
16 (1) Require each participating agency to assign staff
17 to the Interagency Children's Behavioral Health Services
18 Team who have operational knowledge of and decision-making
19 authority over the agency's children's behavioral health
20 programs and services.
21 (2) Set criteria to identify children whose cases will
22 be presented to the Interagency Children's Behavioral
23 Health Services Team for prioritized review. Criteria
24 shall include, but not be limited to:
25 (A) the length of time the child has been
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1 clinically approved for residential services through
2 existing funding streams but has not been admitted to
3 an appropriate program;
4 (B) the length of time the child has been in a
5 hospital emergency department or medical unit seeking
6 inpatient treatment for psychiatric or behavioral
7 health emergency;
8 (C) the length of time the child has been in a
9 psychiatric or general acute care hospital for
10 inpatient psychiatric treatment beyond medical
11 necessity;
12 (D) the risk of being taken into the custody of the
13 Department of Children and Family Services in the
14 absence of abuse or neglect as defined by the Abused
15 and Neglected Child Reporting Act or the Juvenile
16 Court Act of 1987 for the sole purpose of obtaining
17 behavioral health services or residential treatment;
18 (E) other circumstances that require enhanced
19 interagency collaboration to find appropriate services
20 for the child.
21 (3) Require each agency, or its designee, to present
22 each identified child's clinical case, to the extent
23 permitted by State and federal law, to the Interagency
24 Children's Behavioral Health Services Team during regular
25 team meetings to outline the child's needs and to
26 determine if any of the participating agencies have
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1 residential or other supportive services that may be
2 available for the child to ensure that the child receives
3 appropriate treatment, including residential treatment if
4 necessary, as soon as possible.
5 (4) Allow Require the State Board of Education
6 Community and Residential Services Authority to, with the
7 consent of the child's parent or guardian, notify the
8 Interagency Children's Behavioral Health Services Team of
9 any child that has been referred for services who meets
10 meet the criteria set forth in paragraph (2) and to
11 present the clinical cases for the child to the
12 interagency team to determine if any agency program can
13 assist the child.
14 (5) Require the participating agencies to develop a
15 quarterly analysis, to be submitted to the General
16 Assembly and , the Governor's Office, and the Community
17 and Residential Services Authority including the following
18 information, to the extent permitted by State and federal
19 law:
20 (A) the number of children presented to the team;
21 (B) the children's clinical presentations that
22 required enhanced agency collaboration;
23 (C) the types of services including residential
24 treatment that were needed to appropriately support
25 the aggregate needs of children presented;
26 (D) the timeframe it took to find placement or
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1 appropriate services; and
2 (E) any other data or information the Interagency
3 Children's Behavioral Health Services Team deems
4 appropriate.
5 All information collected, shared, or stored pursuant to
6 this Section shall be handled in accordance with all State and
7 federal privacy laws and accompanying regulations and rules,
8 including without limitation the federal Health Insurance
9 Portability and Accountability Act of 1996 (Public Law
10 104-191) and the Mental Health and Developmental Disabilities
11 Confidentiality Act.
12 Nothing in this Section shall be construed or applied in a
13 manner that would conflict with, diminish, or infringe upon,
14 any State agency's obligation to comply fully with
15 requirements imposed under a court order or State or federal
16 consent decree applicable to that agency.
17 (Source: P.A. 103-546, eff. 8-11-23.)
18 ARTICLE 40.
19 Section 40-5. The State Officials and Employees Ethics Act
20 is amended by changing Sections 1-5, 5-5, 25-5, and 25-10 as
21 follows:
22 (5 ILCS 430/1-5)
23 Sec. 1-5. Definitions. As used in this Act:
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1 "Appointee" means a person appointed to a position in or
2 with a State agency, regardless of whether the position is
3 compensated.
4 "Board members of Regional Development Authorities" means
5 any person appointed to serve on the governing board of a
6 Regional Development Authority.
7 "Board members of Regional Transit Boards" means any
8 person appointed to serve on the governing board of a Regional
9 Transit Board.
10 "Campaign for elective office" means any activity in
11 furtherance of an effort to influence the selection,
12 nomination, election, or appointment of any individual to any
13 federal, State, or local public office or office in a
14 political organization, or the selection, nomination, or
15 election of Presidential or Vice-Presidential electors, but
16 does not include activities (i) relating to the support or
17 opposition of any executive, legislative, or administrative
18 action (as those terms are defined in Section 2 of the Lobbyist
19 Registration Act), (ii) relating to collective bargaining, or
20 (iii) that are otherwise in furtherance of the person's
21 official State duties.
22 "Candidate" means a person who has filed nominating papers
23 or petitions for nomination or election to an elected State
24 office, or who has been appointed to fill a vacancy in
25 nomination, and who remains eligible for placement on the
26 ballot at either a general primary election or general
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1 election.
2 "Collective bargaining" has the same meaning as that term
3 is defined in Section 3 of the Illinois Public Labor Relations
4 Act.
5 "Commission" means an ethics commission created by this
6 Act.
7 "Compensated time" means any time worked by or credited to
8 a State employee that counts toward any minimum work time
9 requirement imposed as a condition of employment with a State
10 agency, but does not include any designated State holidays or
11 any period when the employee is on a leave of absence.
12 "Compensatory time off" means authorized time off earned
13 by or awarded to a State employee to compensate in whole or in
14 part for time worked in excess of the minimum work time
15 required of that employee as a condition of employment with a
16 State agency.
17 "Contribution" has the same meaning as that term is
18 defined in Section 9-1.4 of the Election Code.
19 "Employee" means (i) any person employed full-time,
20 part-time, or pursuant to a contract and whose employment
21 duties are subject to the direction and control of an employer
22 with regard to the material details of how the work is to be
23 performed or (ii) any appointed or elected commissioner,
24 trustee, director, or board member of a board of a State
25 agency, including any retirement system or investment board
26 subject to the Illinois Pension Code or (iii) any other
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1 appointee.
2 "Employment benefits" include but are not limited to the
3 following: modified compensation or benefit terms; compensated
4 time off; or change of title, job duties, or location of office
5 or employment. An employment benefit may also include
6 favorable treatment in determining whether to bring any
7 disciplinary or similar action or favorable treatment during
8 the course of any disciplinary or similar action or other
9 performance review.
10 "Executive branch constitutional officer" means the
11 Governor, Lieutenant Governor, Attorney General, Secretary of
12 State, Comptroller, and Treasurer.
13 "Gift" means any gratuity, discount, entertainment,
14 hospitality, loan, forbearance, or other tangible or
15 intangible item having monetary value including, but not
16 limited to, cash, food and drink, and honoraria for speaking
17 engagements related to or attributable to government
18 employment or the official position of an employee, member, or
19 officer. The value of a gift may be further defined by rules
20 adopted by the appropriate ethics commission or by the Auditor
21 General for the Auditor General and for employees of the
22 office of the Auditor General.
23 "Governmental entity" means a unit of local government
24 (including a community college district) or a school district
25 but not a State agency, a Regional Transit Board, or a Regional
26 Development Authority.
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1 "Leave of absence" means any period during which a State
2 employee does not receive (i) compensation for State
3 employment, (ii) service credit towards State pension
4 benefits, and (iii) health insurance benefits paid for by the
5 State.
6 "Legislative branch constitutional officer" means a member
7 of the General Assembly and the Auditor General.
8 "Legislative leader" means the President and Minority
9 Leader of the Senate and the Speaker and Minority Leader of the
10 House of Representatives.
11 "Member" means a member of the General Assembly.
12 "Officer" means an executive branch constitutional officer
13 or a legislative branch constitutional officer.
14 "Political" means any activity in support of or in
15 connection with any campaign for elective office or any
16 political organization, but does not include activities (i)
17 relating to the support or opposition of any executive,
18 legislative, or administrative action (as those terms are
19 defined in Section 2 of the Lobbyist Registration Act), (ii)
20 relating to collective bargaining, or (iii) that are otherwise
21 in furtherance of the person's official State duties or
22 governmental and public service functions.
23 "Political organization" means a party, committee,
24 association, fund, or other organization (whether or not
25 incorporated) that is required to file a statement of
26 organization with the State Board of Elections or a county
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1 clerk under Section 9-3 of the Election Code, but only with
2 regard to those activities that require filing with the State
3 Board of Elections or a county clerk.
4 "Prohibited political activity" means:
5 (1) Preparing for, organizing, or participating in any
6 political meeting, political rally, political
7 demonstration, or other political event.
8 (2) Soliciting contributions, including, but not
9 limited to, the purchase of, selling, distributing, or
10 receiving payment for tickets for any political
11 fundraiser, political meeting, or other political event.
12 (3) Soliciting, planning the solicitation of, or
13 preparing any document or report regarding any thing of
14 value intended as a campaign contribution.
15 (4) Planning, conducting, or participating in a public
16 opinion poll in connection with a campaign for elective
17 office or on behalf of a political organization for
18 political purposes or for or against any referendum
19 question.
20 (5) Surveying or gathering information from potential
21 or actual voters in an election to determine probable vote
22 outcome in connection with a campaign for elective office
23 or on behalf of a political organization for political
24 purposes or for or against any referendum question.
25 (6) Assisting at the polls on election day on behalf
26 of any political organization or candidate for elective
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1 office or for or against any referendum question.
2 (7) Soliciting votes on behalf of a candidate for
3 elective office or a political organization or for or
4 against any referendum question or helping in an effort to
5 get voters to the polls.
6 (8) Initiating for circulation, preparing,
7 circulating, reviewing, or filing any petition on behalf
8 of a candidate for elective office or for or against any
9 referendum question.
10 (9) Making contributions on behalf of any candidate
11 for elective office in that capacity or in connection with
12 a campaign for elective office.
13 (10) Preparing or reviewing responses to candidate
14 questionnaires in connection with a campaign for elective
15 office or on behalf of a political organization for
16 political purposes.
17 (11) Distributing, preparing for distribution, or
18 mailing campaign literature, campaign signs, or other
19 campaign material on behalf of any candidate for elective
20 office or for or against any referendum question.
21 (12) Campaigning for any elective office or for or
22 against any referendum question.
23 (13) Managing or working on a campaign for elective
24 office or for or against any referendum question.
25 (14) Serving as a delegate, alternate, or proxy to a
26 political party convention.
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1 (15) Participating in any recount or challenge to the
2 outcome of any election, except to the extent that under
3 subsection (d) of Section 6 of Article IV of the Illinois
4 Constitution each house of the General Assembly shall
5 judge the elections, returns, and qualifications of its
6 members.
7 "Prohibited source" means any person or entity who:
8 (1) is seeking official action (i) by the member or
9 officer or (ii) in the case of an employee, by the employee
10 or by the member, officer, State agency, or other employee
11 directing the employee;
12 (2) does business or seeks to do business (i) with the
13 member or officer or (ii) in the case of an employee, with
14 the employee or with the member, officer, State agency, or
15 other employee directing the employee;
16 (3) conducts activities regulated (i) by the member or
17 officer or (ii) in the case of an employee, by the employee
18 or by the member, officer, State agency, or other employee
19 directing the employee;
20 (4) has interests that may be substantially affected
21 by the performance or non-performance of the official
22 duties of the member, officer, or employee;
23 (5) is registered or required to be registered with
24 the Secretary of State under the Lobbyist Registration
25 Act, except that an entity not otherwise a prohibited
26 source does not become a prohibited source merely because
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1 a registered lobbyist is one of its members or serves on
2 its board of directors; or
3 (6) is an agent of, a spouse of, or an immediate family
4 member who is living with a "prohibited source".
5 "Regional Development Authority" means the following
6 regional development authorities:
7 (1) the Central Illinois Economic Development
8 Authority created by the Central Illinois Economic
9 Development Authority Act;
10 (2) the Eastern Illinois Economic Development
11 Authority created by the Eastern Illinois Economic
12 Development Authority Act;
13 (3) the Joliet Arsenal Development Authority created
14 by the Joliet Arsenal Development Authority Act;
15 (4) the Quad Cities Regional Economic Development
16 Authority created by Quad Cities Regional Economic
17 Development Authority Act, approved September 22, 1987;
18 (5) the Riverdale Development Authority created by the
19 Riverdale Development Authority Act;
20 (6) the Southeastern Illinois Economic Development
21 Authority created by the Southeastern Illinois Economic
22 Development Authority Act;
23 (7) the Southern Illinois Economic Development
24 Authority created by the Southern Illinois Economic
25 Development Authority Act;
26 (8) the Southwestern Illinois Development Authority
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1 created by the Southwestern Illinois Development Authority
2 Act;
3 (9) the Tri-County River Valley Development Authority
4 created by the Tri-County River Valley Development
5 Authority Law;
6 (10) the Upper Illinois River Valley Development
7 Authority created by the Upper Illinois River Valley
8 Development Authority Act;
9 (11) the Illinois Urban Development Authority created
10 by the Illinois Urban Development Authority Act;
11 (12) the Western Illinois Economic Development
12 Authority created by the Western Illinois Economic
13 Development Authority Act; and
14 (13) the Will-Kankakee Regional Development Authority
15 created by the Will-Kankakee Regional Development
16 Authority Law.
17 "Regional Transit Boards" means (i) the Regional
18 Transportation Authority created by the Regional
19 Transportation Authority Act, (ii) the Suburban Bus Division
20 created by the Regional Transportation Authority Act, (iii)
21 the Commuter Rail Division created by the Regional
22 Transportation Authority Act, and (iv) the Chicago Transit
23 Authority created by the Metropolitan Transit Authority Act.
24 "State agency" includes all officers, boards, commissions
25 and agencies created by the Constitution, whether in the
26 executive or legislative branch; all officers, departments,
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1 boards, commissions, agencies, institutions, authorities,
2 public institutions of higher learning as defined in Section 2
3 of the Higher Education Cooperation Act (except community
4 colleges), and bodies politic and corporate of the State; and
5 administrative units or corporate outgrowths of the State
6 government which are created by or pursuant to statute, other
7 than units of local government (including community college
8 districts) and their officers, school districts, and boards of
9 election commissioners; and all administrative units and
10 corporate outgrowths of the above and as may be created by
11 executive order of the Governor. "State agency" includes the
12 General Assembly, the Senate, the House of Representatives,
13 the President and Minority Leader of the Senate, the Speaker
14 and Minority Leader of the House of Representatives, the
15 Senate Operations Commission, and the legislative support
16 services agencies. "State agency" includes the Office of the
17 Auditor General. "State agency" does not include the judicial
18 branch.
19 "State employee" means any employee of a State agency.
20 "Ultimate jurisdictional authority" means the following:
21 (1) For members, legislative partisan staff, and
22 legislative secretaries, the appropriate legislative
23 leader: President of the Senate, Minority Leader of the
24 Senate, Speaker of the House of Representatives, or
25 Minority Leader of the House of Representatives.
26 (2) For State employees who are professional staff or
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1 employees of the Senate and not covered under item (1),
2 the President of the Senate Senate Operations Commission.
3 (3) For State employees who are professional staff or
4 employees of the House of Representatives and not covered
5 under item (1), the Speaker of the House of
6 Representatives.
7 (4) For State employees who are employees of the
8 legislative support services agencies, the Joint Committee
9 on Legislative Support Services.
10 (5) For State employees of the Auditor General, the
11 Auditor General.
12 (6) For State employees of public institutions of
13 higher learning as defined in Section 2 of the Higher
14 Education Cooperation Act (except community colleges), the
15 board of trustees of the appropriate public institution of
16 higher learning.
17 (7) For State employees of an executive branch
18 constitutional officer other than those described in
19 paragraph (6), the appropriate executive branch
20 constitutional officer.
21 (8) For State employees not under the jurisdiction of
22 paragraph (1), (2), (3), (4), (5), (6), or (7), the
23 Governor.
24 (9) For employees of Regional Transit Boards, the
25 appropriate Regional Transit Board.
26 (10) For board members of Regional Transit Boards, the
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1 Governor.
2 (11) For employees of Regional Development
3 Authorities, the appropriate Regional Development
4 Authority.
5 (12) For board members of Regional Development
6 Authorities, the Governor.
7 (Source: P.A. 103-517, eff. 8-11-23.)
8 (5 ILCS 430/5-5)
9 Sec. 5-5. Personnel policies.
10 (a) Each of the following shall adopt and implement
11 personnel policies for all State employees under his, her, or
12 its jurisdiction and control: (i) each executive branch
13 constitutional officer, (ii) each legislative leader, (iii)
14 the President of the Senate Senate Operations Commission, with
15 respect to legislative employees under Section 4 of the
16 General Assembly Operations Act, (iv) the Speaker of the House
17 of Representatives, with respect to legislative employees
18 under Section 5 of the General Assembly Operations Act, (v)
19 the Joint Committee on Legislative Support Services, with
20 respect to State employees of the legislative support services
21 agencies, (vi) members of the General Assembly, with respect
22 to legislative assistants, as provided in Section 4 of the
23 General Assembly Compensation Act, (vii) the Auditor General,
24 (viii) the Board of Higher Education, with respect to State
25 employees of public institutions of higher learning except
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1 community colleges, and (ix) the Illinois Community College
2 Board, with respect to State employees of community colleges.
3 The Governor shall adopt and implement those policies for all
4 State employees of the executive branch not under the
5 jurisdiction and control of any other executive branch
6 constitutional officer.
7 (b) The policies required under subsection (a) shall be
8 filed with the appropriate ethics commission established under
9 this Act or, for the Auditor General, with the Office of the
10 Auditor General.
11 (c) The policies required under subsection (a) shall
12 include policies relating to work time requirements,
13 documentation of time worked, documentation for reimbursement
14 for travel on official State business, compensation, and the
15 earning or accrual of State benefits for all State employees
16 who may be eligible to receive those benefits. No later than 30
17 days after the effective date of this amendatory Act of the
18 100th General Assembly, the policies shall include, at a
19 minimum: (i) a prohibition on sexual harassment; (ii) details
20 on how an individual can report an allegation of sexual
21 harassment, including options for making a confidential report
22 to a supervisor, ethics officer, Inspector General, or the
23 Department of Human Rights; (iii) a prohibition on retaliation
24 for reporting sexual harassment allegations, including
25 availability of whistleblower protections under this Act, the
26 Whistleblower Act, and the Illinois Human Rights Act; and (iv)
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1 the consequences of a violation of the prohibition on sexual
2 harassment and the consequences for knowingly making a false
3 report. The policies shall comply with and be consistent with
4 all other applicable laws. The policies shall require State
5 employees to periodically submit time sheets documenting the
6 time spent each day on official State business to the nearest
7 quarter hour; contractual State employees may satisfy the time
8 sheets requirement by complying with the terms of their
9 contract, which shall provide for a means of compliance with
10 this requirement. The policies for State employees shall
11 require those time sheets to be submitted on paper,
12 electronically, or both and to be maintained in either paper
13 or electronic format by the applicable fiscal office for a
14 period of at least 2 years.
15 (d) The policies required under subsection (a) shall be
16 adopted by the applicable entity before February 1, 2004 and
17 shall apply to State employees beginning 30 days after
18 adoption.
19 (Source: P.A. 100-554, eff. 11-16-17.)
20 (5 ILCS 430/25-5)
21 Sec. 25-5. Legislative Ethics Commission.
22 (a) The Legislative Ethics Commission is created.
23 (b) The Legislative Ethics Commission shall consist of 8
24 commissioners appointed 2 each by the President and Minority
25 Leader of the Senate and the Speaker and Minority Leader of the
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1 House of Representatives.
2 The terms of the initial commissioners shall commence upon
3 qualification. Each appointing authority shall designate one
4 appointee who shall serve for a 2-year term running through
5 June 30, 2005. Each appointing authority shall designate one
6 appointee who shall serve for a 4-year term running through
7 June 30, 2007. The initial appointments shall be made within
8 60 days after the effective date of this Act.
9 After the initial terms, commissioners shall serve for
10 4-year terms commencing on July 1 of the year of appointment
11 and running through June 30 of the fourth following year.
12 Commissioners may be reappointed to one or more subsequent
13 terms.
14 A vacancy shall occur upon a commissioner's death,
15 resignation, removal, disqualification, termination of
16 legislative service in the house or caucus of the appointing
17 authority, or other inability to act. Vacancies occurring
18 other than at the end of a term shall be filled by the
19 appointing authority only for the balance of the term of the
20 commissioner whose office is vacant.
21 Terms shall run regardless of whether the position is
22 filled.
23 (c) The appointing authorities shall appoint commissioners
24 who have experience holding governmental office or employment
25 and may appoint commissioners who are members of the General
26 Assembly as well as commissioners from the general public. A
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1 commissioner who is a member of the General Assembly must
2 recuse himself or herself from participating in any matter
3 relating to any investigation or proceeding in which he or she
4 is the subject or is a complainant. A person is not eligible to
5 serve as a commissioner if that person (i) has been convicted
6 of a felony or a crime of dishonesty or moral turpitude, (ii)
7 is, or was within the preceding 12 months, engaged in
8 activities that require registration under the Lobbyist
9 Registration Act, (iii) is a relative of the appointing
10 authority, (iv) is a State officer or employee other than a
11 member of the General Assembly, or (v) is a candidate for
12 statewide, federal, or judicial office.
13 (c-5) If a commissioner is required to recuse himself or
14 herself from participating in a matter as provided in
15 subsection (c), the recusal shall create a temporary vacancy
16 for the limited purpose of consideration of the matter for
17 which the commissioner recused himself or herself, and the
18 appointing authority for the recusing commissioner shall make
19 a temporary appointment to fill the vacancy for consideration
20 of the matter for which the commissioner recused himself or
21 herself.
22 (d) The Legislative Ethics Commission shall have
23 jurisdiction over current and former members of the General
24 Assembly regarding events occurring during a member's term of
25 office and current and former State employees regarding events
26 occurring during any period of employment where the State
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1 employee's ultimate jurisdictional authority is (i) a
2 legislative leader or, (ii) the Senate Operations Commission,
3 or (iii) the Joint Committee on Legislative Support Services.
4 The Legislative Ethics Commission shall have jurisdiction over
5 complainants and respondents in violation of subsection (d) of
6 Section 25-90. The jurisdiction of the Commission is limited
7 to matters arising under this Act.
8 An officer or executive branch State employee serving on a
9 legislative branch board or commission remains subject to the
10 jurisdiction of the Executive Ethics Commission and is not
11 subject to the jurisdiction of the Legislative Ethics
12 Commission.
13 (e) The Legislative Ethics Commission must meet, either in
14 person or by other technological means, monthly or as often as
15 necessary. At the first meeting of the Legislative Ethics
16 Commission, the commissioners shall choose from their number a
17 chairperson and other officers that they deem appropriate. The
18 terms of officers shall be for 2 years commencing July 1 and
19 running through June 30 of the second following year. Meetings
20 shall be held at the call of the chairperson or any 3
21 commissioners. Official action by the Commission shall require
22 the affirmative vote of 5 commissioners, and a quorum shall
23 consist of 5 commissioners. Commissioners shall receive no
24 compensation but may be reimbursed for their reasonable
25 expenses actually incurred in the performance of their duties.
26 (f) No commissioner, other than a commissioner who is a
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1 member of the General Assembly, or employee of the Legislative
2 Ethics Commission may during his or her term of appointment or
3 employment:
4 (1) become a candidate for any elective office;
5 (2) hold any other elected or appointed public office
6 except for appointments on governmental advisory boards or
7 study commissions or as otherwise expressly authorized by
8 law;
9 (3) be actively involved in the affairs of any
10 political party or political organization; or
11 (4) advocate for the appointment of another person to
12 an appointed or elected office or position or actively
13 participate in any campaign for any elective office.
14 (f-5) No commissioner who is a member of the General
15 Assembly may be a candidate for statewide, federal, or
16 judicial office. If a commissioner who is a member of the
17 General Assembly files petitions to be a candidate for a
18 statewide, federal, or judicial office, he or she shall be
19 deemed to have resigned from his or her position as a
20 commissioner on the date his or her name is certified for the
21 ballot by the State Board of Elections or local election
22 authority and his or her position as a commissioner shall be
23 deemed vacant. Such person may not be reappointed to the
24 Commission during any time he or she is a candidate for
25 statewide, federal, or judicial office.
26 (g) An appointing authority may remove a commissioner only
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1 for cause.
2 (h) The Legislative Ethics Commission shall appoint an
3 Executive Director subject to the approval of at least 3 of the
4 4 legislative leaders. The compensation of the Executive
5 Director shall be as determined by the Commission. The
6 Executive Director of the Legislative Ethics Commission may
7 employ, subject to the approval of at least 3 of the 4
8 legislative leaders, and determine the compensation of staff,
9 as appropriations permit.
10 (i) In consultation with the Legislative Inspector
11 General, the Legislative Ethics Commission may develop
12 comprehensive training for members and employees under its
13 jurisdiction that includes, but is not limited to, sexual
14 harassment, employment discrimination, and workplace civility.
15 The training may be recommended to the ultimate jurisdictional
16 authorities and may be approved by the Commission to satisfy
17 the sexual harassment training required under Section 5-10.5
18 or be provided in addition to the annual sexual harassment
19 training required under Section 5-10.5. The Commission may
20 seek input from governmental agencies or private entities for
21 guidance in developing such training.
22 (Source: P.A. 101-81, eff. 7-12-19; 101-221, eff. 8-9-19;
23 101-617, eff. 12-20-19; 102-664, eff. 1-1-22.)
24 (5 ILCS 430/25-10)
25 Sec. 25-10. Office of Legislative Inspector General.
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1 (a) The independent Office of the Legislative Inspector
2 General is created. The Office shall be under the direction
3 and supervision of the Legislative Inspector General and shall
4 be a fully independent office with its own appropriation.
5 (b) The Legislative Inspector General shall be appointed
6 without regard to political affiliation and solely on the
7 basis of integrity and demonstrated ability. The Legislative
8 Ethics Commission shall diligently search out qualified
9 candidates for Legislative Inspector General and shall make
10 recommendations to the General Assembly. The Legislative
11 Inspector General may serve in a full-time, part-time, or
12 contractual capacity.
13 The Legislative Inspector General shall be appointed by a
14 joint resolution of the Senate and the House of
15 Representatives, which may specify the date on which the
16 appointment takes effect. A joint resolution, or other
17 document as may be specified by the Joint Rules of the General
18 Assembly, appointing the Legislative Inspector General must be
19 certified by the Speaker of the House of Representatives and
20 the President of the Senate as having been adopted by the
21 affirmative vote of three-fifths of the members elected to
22 each house, respectively, and be filed with the Secretary of
23 State. The appointment of the Legislative Inspector General
24 takes effect on the day the appointment is completed by the
25 General Assembly, unless the appointment specifies a later
26 date on which it is to become effective.
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1 The Legislative Inspector General shall have the following
2 qualifications:
3 (1) has not been convicted of any felony under the
4 laws of this State, another state, or the United States;
5 (2) has earned a baccalaureate degree from an
6 institution of higher education; and
7 (3) has 5 or more years of cumulative service (A) with
8 a federal, State, or local law enforcement agency, at
9 least 2 years of which have been in a progressive
10 investigatory capacity; (B) as a federal, State, or local
11 prosecutor; (C) as a senior manager or executive of a
12 federal, State, or local agency; (D) as a member, an
13 officer, or a State or federal judge; or (E) representing
14 any combination of items (A) through (D).
15 The Legislative Inspector General may not be a relative of
16 a commissioner.
17 The term of the initial Legislative Inspector General
18 shall commence upon qualification and shall run through June
19 30, 2008.
20 After the initial term, the Legislative Inspector General
21 shall serve for 5-year terms commencing on July 1 of the year
22 of appointment and running through June 30 of the fifth
23 following year. The Legislative Inspector General may be
24 reappointed to one or more subsequent terms. Terms shall run
25 regardless of whether the position is filled.
26 (b-5) A vacancy occurring other than at the end of a term
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1 shall be filled in the same manner as an appointment only for
2 the balance of the term of the Legislative Inspector General
3 whose office is vacant. Within 7 days of the Office becoming
4 vacant or receipt of a Legislative Inspector General's
5 prospective resignation, the vacancy shall be publicly posted
6 on the Commission's website, along with a description of the
7 requirements for the position and where applicants may apply.
8 Within 45 days of the vacancy, the Commission shall
9 designate an Acting Legislative Inspector General who shall
10 serve until the vacancy is filled. The Commission shall file
11 the designation in writing with the Secretary of State.
12 Within 60 days prior to the end of the term of the
13 Legislative Inspector General or within 30 days of the
14 occurrence of a vacancy in the Office of the Legislative
15 Inspector General, the Legislative Ethics Commission shall
16 establish a four-member search committee within the Commission
17 for the purpose of conducting a search for qualified
18 candidates to serve as Legislative Inspector General. The
19 Speaker of the House of Representatives, Minority Leader of
20 the House, Senate President, and Minority Leader of the Senate
21 shall each appoint one member to the search committee. A
22 member of the search committee shall be either a retired judge
23 or former prosecutor and may not be a member or employee of the
24 General Assembly or a registered lobbyist. If the Legislative
25 Ethics Commission wishes to recommend that the Legislative
26 Inspector General be reappointed re-appointed, a search
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1 committee does not need to be appointed.
2 The search committee shall conduct a search for qualified
3 candidates, accept applications, and conduct interviews. The
4 search committee shall recommend up to 3 candidates for
5 Legislative Inspector General to the Legislative Ethics
6 Commission. The search committee shall be disbanded upon an
7 appointment of the Legislative Inspector General. Members of
8 the search committee are not entitled to compensation but
9 shall be entitled to reimbursement of reasonable expenses
10 incurred in connection with the performance of their duties.
11 Within 30 days after June 8, 2018 (the effective date of
12 Public Act 100-588), the Legislative Ethics Commission shall
13 create a search committee in the manner provided for in this
14 subsection to recommend up to 3 candidates for Legislative
15 Inspector General to the Legislative Ethics Commission by
16 October 31, 2018.
17 If a vacancy exists and the Commission has not appointed
18 an Acting Legislative Inspector General, either the staff of
19 the Office of the Legislative Inspector General, or if there
20 is no staff, the Executive Director, shall advise the
21 Commission of all open investigations and any new allegations
22 or complaints received in the Office of the Inspector General.
23 These reports shall not include the name of any person
24 identified in the allegation or complaint, including, but not
25 limited to, the subject of and the person filing the
26 allegation or complaint. Notification shall be made to the
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1 Commission on a weekly basis unless the Commission approves of
2 a different reporting schedule.
3 If the Office of the Inspector General is vacant for 6
4 months or more beginning on or after January 1, 2019, and the
5 Legislative Ethics Commission has not appointed an Acting
6 Legislative Inspector General, all complaints made to the
7 Legislative Inspector General or the Legislative Ethics
8 Commission shall be directed to the Inspector General for the
9 Auditor General, and he or she shall have the authority to act
10 as provided in subsection (c) of this Section and Section
11 25-20 of this Act, and shall be subject to all laws and rules
12 governing a Legislative Inspector General or Acting
13 Legislative Inspector General. The authority for the Inspector
14 General of the Auditor General under this paragraph shall
15 terminate upon appointment of a Legislative Inspector General
16 or an Acting Legislative Inspector General.
17 (c) The Legislative Inspector General shall have
18 jurisdiction over the current and former members of the
19 General Assembly regarding events occurring during a member's
20 term of office and current and former State employees
21 regarding events occurring during any period of employment
22 where the State employee's ultimate jurisdictional authority
23 is (i) a legislative leader or, (ii) the Senate Operations
24 Commission, or (iii) the Joint Committee on Legislative
25 Support Services.
26 The jurisdiction of each Legislative Inspector General is
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1 to investigate allegations of violations of this Act,
2 violations of other related laws and rules regarding events
3 related to the member's or employee's public duties or use of
4 State office, employment, or resources, or fraud, waste,
5 abuse, mismanagement, misconduct, nonfeasance, misfeasance, or
6 malfeasance related to the member's or employee's public
7 duties or use of State office, employment, or resources. The
8 jurisdiction shall not include violations of the Rules of the
9 House of Representatives or the Senate.
10 The Legislative Inspector General shall have jurisdiction
11 over complainants in violation of subsection (e) of Section
12 25-63 of this Act.
13 (d) The compensation of the Legislative Inspector General
14 shall be the greater of an amount (i) determined by the
15 Commission or (ii) by joint resolution of the General Assembly
16 passed by a majority of members elected in each chamber.
17 Subject to Section 25-45 of this Act, the Legislative
18 Inspector General has full authority to organize the Office of
19 the Legislative Inspector General, including the employment
20 and determination of the compensation of staff, such as
21 deputies, assistants, and other employees, as appropriations
22 permit. Employment of staff is subject to the approval of at
23 least 3 of the 4 legislative leaders.
24 (e) No Legislative Inspector General or employee of the
25 Office of the Legislative Inspector General may, during his or
26 her term of appointment or employment:
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1 (1) become a candidate for any elective office;
2 (2) hold any other elected or appointed public office
3 except for appointments on governmental advisory boards or
4 study commissions or as otherwise expressly authorized by
5 law;
6 (3) be actively involved in the affairs of any
7 political party or political organization; or
8 (4) actively participate in any campaign for any
9 elective office.
10 A full-time Legislative Inspector General shall not engage
11 in the practice of law or any other business, employment, or
12 vocation.
13 In this subsection an appointed public office means a
14 position authorized by law that is filled by an appointing
15 authority as provided by law and does not include employment
16 by hiring in the ordinary course of business.
17 (e-1) No Legislative Inspector General or employee of the
18 Office of the Legislative Inspector General may, for one year
19 after the termination of his or her appointment or employment:
20 (1) become a candidate for any elective office;
21 (2) hold any elected public office; or
22 (3) hold any appointed State, county, or local
23 judicial office.
24 (e-2) The requirements of item (3) of subsection (e-1) may
25 be waived by the Legislative Ethics Commission.
26 (f) The Commission may remove the Legislative Inspector
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1 General only for cause. At the time of the removal, the
2 Commission must report to the General Assembly the
3 justification for the removal.
4 (Source: P.A. 101-221, eff. 8-9-19; 102-558, eff. 8-20-21;
5 102-664, eff. 1-1-22.)
6 Section 40-10. The General Assembly Operations Act is
7 amended by changing Section 4 as follows:
8 (25 ILCS 10/4) (from Ch. 63, par. 23.4)
9 Sec. 4. President of the Senate; operations, employees,
10 and expenditures. Senate Operations Commission.
11 (a) The President of the Senate shall have responsibility
12 for the operation of the Senate in relation to the Senate
13 Chambers, Senate offices, committee rooms and all other rooms
14 and physical facilities used by the Senate, and all equipment,
15 furniture, and supplies used by the Senate. The President of
16 the Senate shall have the authority to hire all professional
17 staff and employees necessary for the proper operation of the
18 Senate. Professional staff and employees may be employed as
19 full-time employees, part-time employees, or contractual
20 employees. The President of the Senate shall have the
21 authority to receive and expend appropriations for the
22 purposes set forth in this Act whether the General Assembly is
23 in session or not.
24 (b) The President of the Senate shall adopt and implement
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1 personnel policies for professional staff and employees under
2 his or her jurisdiction and control as required by the State
3 Officials and Employees Ethics Act.
4 (a) There is created a Senate Operations Commission to
5 consist of the following: The President of the Senate, 3
6 Assistant Majority Leaders, the Minority Leader, one Assistant
7 Minority Leader, and one member of the Senate appointed by the
8 President of the Senate. The Senate Operations Commission
9 shall have the following powers and duties: Commission shall
10 have responsibility for the operation of the Senate in
11 relation to the Senate Chambers, Senate offices, committee
12 rooms and all other rooms and physical facilities used by the
13 Senate, all equipment, furniture, and supplies used by the
14 Senate. The Commission shall have the authority to hire all
15 professional staff and employees necessary for the proper
16 operation of the Senate and authority to receive and expend
17 appropriations for the purposes set forth in this Act whether
18 the General Assembly be in session or not. Professional staff
19 and employees may be employed as full-time employees,
20 part-time employees, or contractual employees. The Secretary
21 of the Senate shall serve as Secretary and Administrative
22 Officer of the Commission. Pursuant to the policies and
23 direction of the Commission, he shall have direct supervision
24 of all equipment, furniture, and supplies used by the Senate.
25 (b) The Senate Operations Commission shall adopt and
26 implement personnel policies for professional staff and
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1 employees under its jurisdiction and control as required by
2 the State Officials and Employees Ethics Act.
3 (Source: P.A. 93-615, eff. 11-19-03.)
4 Section 40-15. The State Finance Act is amended by
5 changing Section 14.1 as follows:
6 (30 ILCS 105/14.1) (from Ch. 127, par. 150.1)
7 Sec. 14.1. Appropriations for State contributions to the
8 State Employees' Retirement System; payroll requirements.
9 (a) Appropriations for State contributions to the State
10 Employees' Retirement System of Illinois shall be expended in
11 the manner provided in this Section. Except as otherwise
12 provided in subsection (a-4) at the time of each payment of
13 salary to an employee under the personal services line item,
14 payment shall be made to the State Employees' Retirement
15 System, from the amount appropriated for State contributions
16 to the State Employees' Retirement System, of an amount
17 calculated at the rate certified for the applicable fiscal
18 year by the Board of Trustees of the State Employees'
19 Retirement System under Section 14-135.08 of the Illinois
20 Pension Code. If a line item appropriation to an employer for
21 this purpose is exhausted or is unavailable due to any
22 limitation on appropriations that may apply, (including, but
23 not limited to, limitations on appropriations from the Road
24 Fund under Section 8.3 of the State Finance Act), the amounts
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1 shall be paid under the continuing appropriation for this
2 purpose contained in the State Pension Funds Continuing
3 Appropriation Act.
4 (a-1) (Blank).
5 (a-2) (Blank).
6 (a-3) (Blank).
7 (a-4) In fiscal year 2012 and each fiscal year thereafter,
8 at the time of each payment of salary to an employee under the
9 personal services line item from a fund other than the General
10 Revenue Fund, payment shall be made for deposit into the State
11 Employees' Retirement System of Illinois from the amount
12 appropriated for State contributions to the State Employees'
13 Retirement System of Illinois of an amount calculated at the
14 rate certified for the applicable fiscal year by the Board of
15 Trustees of the State Employees' Retirement System of Illinois
16 under Section 14-135.08 of the Illinois Pension Code. In
17 fiscal year 2012 and each fiscal year thereafter, no payment
18 from appropriations for State contributions shall be made in
19 conjunction with payment of salary to an employee under the
20 personal services line item from the General Revenue Fund.
21 (b) Except during the period beginning on March 5, 2004
22 (the effective date of Public Act 93-665) and ending at the
23 time of the payment of the final payroll from fiscal year 2004
24 appropriations, the State Comptroller shall not approve for
25 payment any payroll voucher that (1) includes payments of
26 salary to eligible employees in the State Employees'
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1 Retirement System of Illinois and (2) does not include the
2 corresponding payment of State contributions to that
3 retirement system at the full rate certified under Section
4 14-135.08 for that fiscal year for eligible employees, unless
5 the balance in the fund on which the payroll voucher is drawn
6 is insufficient to pay the total payroll voucher, or
7 unavailable due to any limitation on appropriations that may
8 apply, including, but not limited to, limitations on
9 appropriations from the Road Fund under Section 8.3 of the
10 State Finance Act. If the State Comptroller approves a payroll
11 voucher under this Section for which the fund balance is
12 insufficient to pay the full amount of the required State
13 contribution to the State Employees' Retirement System, the
14 Comptroller shall promptly so notify the Retirement System.
15 (b-1) (Blank).
16 (c) Notwithstanding any other provisions of law, beginning
17 July 1, 2007, required State and employee contributions to the
18 State Employees' Retirement System of Illinois relating to
19 affected legislative staff employees shall be paid out of
20 moneys appropriated for that purpose to the Commission on
21 Government Forecasting and Accountability, rather than out of
22 the lump-sum appropriations otherwise made for the payroll and
23 other costs of those employees.
24 These payments must be made pursuant to payroll vouchers
25 submitted by the employing entity as part of the regular
26 payroll voucher process.
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1 For the purpose of this subsection, "affected legislative
2 staff employees" means legislative staff employees paid out of
3 lump-sum appropriations made to the General Assembly or, an
4 Officer of the General Assembly, or the Senate Operations
5 Commission, but does not include district-office staff or
6 employees of legislative support services agencies.
7 (Source: P.A. 100-23, eff. 7-6-17; 100-587, eff. 6-4-18;
8 101-10, eff. 6-5-19.)
9 ARTICLE 45.
10 Section 45-5. The Secretary of State Merit Employment Code
11 is amended by changing Section 6 as follows:
12 (15 ILCS 310/6) (from Ch. 124, par. 106)
13 Sec. 6. Director - appointment - qualifications. The
14 Department of Personnel shall have an officer at its head who
15 shall be known as Director of Personnel. He shall be appointed
16 by the Secretary of State, by and with the advice and consent
17 of the Senate. The Director of Personnel shall be a person who
18 shall have had practical working experience in the field of
19 personnel administration.
20 (Source: P.A. 85-378.)
21 Section 45-10. The Comptroller Merit Employment Code is
22 amended by changing Section 6 as follows:
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1 (15 ILCS 410/6) (from Ch. 15, par. 409)
2 Sec. 6. Director - appointment - qualifications. The
3 Department of Human Resources shall have an officer at its
4 head who shall be known as the Director. He or she shall be
5 appointed by the Comptroller, by and with the advice and
6 consent of the Senate. The Director shall be a person who shall
7 have had practical working experience in the field of
8 personnel administration. The director shall be selected for
9 appointment from among those persons who for the two years
10 next preceding the appointment have not been members of any
11 local, state or national committee of a political party; or
12 officers or members of any standing committee of a political
13 party; or officers or members of standing committees of any
14 partisan political group or organization. Nor shall the
15 appointee during his or her tenure as Director become a member
16 of any local, state or national committee of a political party
17 or an officer or member of standing committees or any partisan
18 political group or organization.
19 (Source: P.A. 90-24, eff. 6-20-97.)
20 Article 99.
21 Section 99-97. Severability. The provisions of this Act
22 are severable under Section 1.31 of the Statute on Statutes.
23 Section 99-99. Effective date. This Act takes effect upon
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1 becoming law, except that Article 40 takes effect on July 1,
2 2026.Every fact on this page links to its source, starting with the official bill record.