Sen. Don Harmon

Filed: 4/8/2022

 

 


 

 


 
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1
AMENDMENT TO HOUSE BILL 4700

2    AMENDMENT NO. ______. Amend House Bill 4700 by replacing
3everything after the enacting clause with the following:
 
4
"ARTICLE 1.

 
5    Section 1-1. Short Title. This Act may be cited as the
6FY2023 Budget Implementation Act.
 
7    Section 1-5. Purpose. It is the purpose of this Act to make
8changes in State programs that are necessary to implement the
9State budget for Fiscal Year 2023.
 
10
ARTICLE 3.

 
11    Section 3-1. This Article may be referred to as the
12Climate Jobs Institute Law. References in this Article to
13"this Act" mean this Article.
 

 

 

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1    Section 3-5. Findings and intent. The General Assembly
2finds that:
3        (1) Public Act 102-662 places the State on a path
4    toward 100% clean energy by 2050;
5        (2) the transition to a carbon-free energy economy
6    will have a significant economic, ecological, and
7    sociological impact on the State's residents;
8        (3) rigorous data collection and research are needed
9    to help minimize job loss, maximize high-quality job
10    creation and economic development, and facilitate just
11    transitions, workforce development programs, and
12    activities necessary to meet the increased labor demand in
13    the State's clean-energy sector;
14        (4) the State finds that an equitable transition to a
15    clean-energy economy must be guided by applied research
16    that provides detailed, nuanced information about the
17    labor, employment, and broader social and economic impacts
18    of decarbonizing the State's economy;
19        (5) collecting and analyzing labor and employment data
20    in the clean-energy sector is essential for creating a
21    clean-energy economy that prioritizes local resources,
22    improves resiliency, and promotes energy independence; and
23        (6) the State has a strong interest in ensuring that
24    State residents, especially those from environmental
25    justice and historically underserved communities, have

 

 

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1    access to safe, well-paying, clean-energy jobs, supporting
2    displaced energy workers in the transition to a
3    clean-energy economy; and creating workforce development
4    programs to meet the labor demand in the clean-energy
5    industry.
6    The General Assembly intends that, in order to promote
7those interests in the State's growing clean-energy sector, a
8Climate Jobs Institute should be created that will produce
9high-quality data, research, and educational opportunities to
10inform policymakers, industry partners, labor organizations,
11and other relevant stakeholders in the development and
12implementation of innovative and data-supported labor policies
13for the emerging clean-energy economy.
 
14    Section 3-10. The University of Illinois Act is amended by
15adding Section 165 as follows:
 
16    (110 ILCS 305/165 new)
17    Sec. 165. Climate Jobs Institute.
18    (a) Subject to appropriation and Section 7 of the Board of
19Higher Education Act, the Board of Trustees shall establish
20and operate a Climate Jobs Institute for the purpose of
21producing high-quality, reliable, and accurate research on
22labor, employment, and the broader social and economic impacts
23of decarbonizing the State's economy. The Institute shall be
24under the direction of the School of Labor and Employment

 

 

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1Relations at the University of Illinois at Urbana-Champaign.
2The Dean of the School of Labor and Employment Relations shall
3select the Executive Director of the Climate Jobs Institute.
4The Executive Director shall submit a budget that includes a
5staff plan to the Board of Trustees for approval. The
6Executive Director shall consider suggestions from the Climate
7Jobs Advisory Council in preparing the budget.
8    (b) The Climate Jobs Advisory Council is created. The
9Climate Jobs Advisory Council shall consist of stakeholders in
10the clean-energy economy and be composed of the following
11members:
12        (1) Four members representing statewide labor
13    organizations, appointed by the Governor.
14        (2) Three members representing environmental advocacy
15    organizations, appointed by the Governor.
16        (3) Three members representing the renewable energy
17    industry, appointed by the Governor.
18        (4) Two members from University of Illinois School of
19    Labor and Employment Relations faculty, appointed by the
20    Chancellor in consultation with the Dean of the School of
21    Labor and Employment Relations.
22        (5) Two members appointed by the President of the
23    Senate, who may or may not be elected officials.
24        (6) Two members appointed by the Speaker of the House
25    of Representatives, who may or may not be elected
26    officials.

 

 

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1        (7) One member appointed by the Minority Leader of the
2    Senate, who may or may not be an elected official.
3        (8) One member appointed by the Minority Leader of the
4    House of Representatives, who may or may not be an elected
5    official.
6        (9) One member of the Illinois Senate Latino Caucus,
7    appointed by the President of the Senate.
8        (10) One member of the Illinois Senate Black Caucus,
9    appointed by the President of the Senate.
10        (11) One member of the Illinois House Latino Caucus,
11    appointed by the Speaker of the House of Representatives.
12        (12) One member of the Illinois House Black Caucus,
13    appointed by the Speaker of the House of Representatives.
14    Members appointed to the Council shall serve 2-year terms
15and may be reappointed. If a seat becomes vacant in the middle
16of a term, the Governor shall appoint a replacement, who shall
17serve for the remainder of that term. Members of the Council
18shall serve without compensation.
19    (c) The Climate Jobs Institute's Executive Director, with
20input from the Climate Jobs Advisory Council, shall set the
21priorities, work processes, and timeline for implementing the
22Institute's work. The Climate Jobs Institute's Executive
23Director shall serve as Chairperson of the Council, and the
24Council shall meet at the call of the Executive Director.
25    (d) The Climate Jobs Institute shall provide high-quality,
26accurate information through research and education that

 

 

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1addresses key issues and questions to guide the State's
2implementation and transition goals to a strong, equitable,
3decarbonized economy. The Climate Jobs Institute may respond
4to inquiries submitted by State lawmakers and State agencies.
5    (e) The Climate Jobs Institute shall do all of the
6following:
7        (1) Evaluate how workforce opportunities in the
8    clean-energy industry can provide just transitions for
9    displaced energy workers in the State. This duty shall
10    include, but is not limited to, identifying the industries
11    and demographics that will be most impacted by the
12    transition to a clean-energy economy, finding workforce
13    transition opportunities available to workers based on
14    level of skill and geographic location, identifying and
15    eliminating barriers that may prevent workers from
16    entering the clean-energy industry, and defining the
17    nature and level of job support that is necessary for a
18    successful employment transition to clean-energy jobs.
19        (2) Identify opportunities to maximize job creation
20    and workforce development in the State's clean-energy
21    industry, being particularly mindful of job creation in
22    historically underrepresented populations and
23    environmental justice communities. This duty shall
24    include, but is not limited to, identifying the types of
25    workforce development training programs and activities
26    that are needed to meet the workforce demand in the

 

 

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1    clean-energy industry, identifying the types of
2    clean-energy activities that provide the greatest job
3    creation and economic benefits to various regions in the
4    State, and classifying the quantity and category of jobs
5    needed to meet the State's clean-energy commitment.
6        (3) Recommend policies that will create high-quality
7    family and community-sustaining jobs in the clean-energy
8    economy. This duty shall include, but is not limited to,
9    identifying how wages, workforce development training, and
10    labor standards improve the quality of clean-energy jobs,
11    evaluating the economic impact of implementing high labor
12    standards, and identifying effective labor-standard
13    enforcement measures.
14        (4) Develop strategies to address current and future
15    supply chain vulnerabilities and challenges in the
16    clean-energy manufacturing industry. This duty shall
17    include, but is not limited to, identifying how the State
18    can incentivize the development of a clean-energy
19    manufacturing supply chain, including end-of-life
20    recycling for renewable-energy-generation components,
21    identifying the types of information and support that are
22    needed to help businesses transition to providing products
23    and services for the clean-energy economy, and assessing
24    what forms of low-interest loans, grants, and technical
25    assistance will best support business communities through
26    this transition.

 

 

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1        (5) Identify how to expand access to high-quality
2    clean-energy jobs for environmental justice communities
3    and other frontline communities that have faced historical
4    inequities. This duty shall include, but is not limited
5    to, identifying best practices for building a pipeline for
6    workers participating in on-the-job training programs to
7    high quality careers in the clean-energy industry and
8    identifying how the State can utilize clean-energy jobs
9    hubs and United States Department of Labor registered
10    apprenticeship programs to advance labor market equity.
11        (6) Assess the types of support that local governments
12    will need to help communities develop their own community
13    energy, climate, and jobs plans. This duty shall include,
14    but is not limited to, identifying the sociological,
15    ecological, and economic impact on local communities
16    resulting from the transition to a clean-energy economy
17    and ascertaining the type of financial and technical
18    support that local governments may need to navigate the
19    transition to a decarbonized economy.
20        (7) Evaluate initiatives, including the Public Schools
21    Carbon-Free Assessment programs, to retrofit schools for
22    energy efficiencies to create a safe, healthy,
23    cost-effective school environment, while contributing to
24    an environmentally sustainable State. This duty shall
25    include, but is not limited to, identifying the type of
26    research support that school districts may need to assess

 

 

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1    initiatives to decarbonize public schools, identifying
2    best practices to prioritize assistance for school
3    districts most impacted by climate change, and
4    synthesizing the results of school energy audits to inform
5    policy decision making.
6    (f) The Climate Jobs Institute's research shall be
7disseminated in ways that maximize the public dissemination of
8the Institute's research and recommendations, including public
9policy reports, academic articles, highly interactive
10web-based platforms, and labor, community, legislative, and
11media outreach and education programs.
12    (g) The Climate Jobs Institute may coordinate with the
13Department of Labor and the Department of Commerce and
14Economic Opportunity to share data collected for, but not
15limited to, the Bureau on Apprenticeship Programs and Clean
16Energy Jobs and the Energy Community Reinvestment Report.
 
17
ARTICLE 4.

 
18    Section 4-1. Short title. This Article may be cited as the
19Broadband Infrastructure Advancement Act. References in this
20Article to "this Act" mean this Article.
 
21    Section 4-5. Findings. The General Assembly finds:
22        (1) that on November 15, 2021, the Infrastructure
23    Investment and Jobs Act was signed into law by President

 

 

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1    Biden, which provides for historic levels of investment in
2    the nation's infrastructure;
3        (2) that the United States government has made
4    available $550,000,000,000 for new infrastructure
5    investment for state and local governments through the
6    Infrastructure Investment and Job Act;
7        (3) that it is essential that this State not lose out
8    on funding made available through the Infrastructure
9    Investment and Jobs Infrastructure Investment and Jobs
10    Act;
11        (4) that investments in this State's bridges, roads,
12    highways, rail system, high-speed internet, and
13    electricity are essential to the public safety, economic
14    viability, and equity of all citizens in every part of
15    this State;
16        (5) that an important component of infrastructure in
17    the 21st century is access to affordable, reliable,
18    high-speed internet;
19        (6) that the persistent digital divide in this State
20    is a barrier to the economic competitiveness in the
21    economic distribution of essential public services,
22    including health care and education; and
23        (7) that the digital divide disproportionately affects
24    communities of color, lower-income areas, and rural areas,
25    and the benefits of broadband should be broadly enjoyed by
26    all citizens of this State.
 

 

 

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1    Section 4-10. Intent. This Act is intended to be construed
2in compliance and consistent with the Infrastructure
3Investment and Jobs Act and all regulations, rules, guidance,
4forms, instructions, and publications issued thereunder. In
5any instance in which this Act conflicts with such
6regulations, rules, guidance, forms, instructions, or
7publications, the latter shall prevail.
 
8    Section 4-15. Use of funds. Any plans, responses to
9requests, letters of intent, application materials, or other
10documents prepared describing the State's intended plan for
11distributing broadband grants that must be submitted to the
12federal government pursuant to Division F of the
13Infrastructure Investment and Jobs Act and any associated
14federal rule, regulation, or guidance in order to be eligible
15to receive broadband grants pursuant to the Infrastructure
16Investment and Jobs Act must be, to the extent practical,
17submitted to the Legislative Budget Oversight Commission for
18review and comment at least 30 days prior to submission to the
19federal government. The Governor, or designated State entity
20responsible for administering the grant programs pursuant to
21Division F of the Infrastructure Investment and Jobs Act, must
22consider comments and suggestions provided by the members of
23the Legislative Budget Oversight Commission and members of the
24public.
 

 

 

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1    Section 4-20. Use of other broadband funds. The Department
2of Commerce and Economic Opportunity, the Office of Broadband,
3or any other State agency, board, office, or commission
4appropriated funding to provide grants for broadband
5deployment, broadband expansion, broadband access, broadband
6affordability, and broadband improvement projects must
7establish program eligibility and selection criteria by
8administrative rules. The Department of Commerce and Economic
9Opportunity may not issue emergency rules under the Illinois
10Administrative Procedure Act for the purpose of issuing grants
11to entities for broadband purposes unless otherwise specified.
 
12    Section 4-25. The General Assembly Operations Act is
13amended by changing Section 20 as follows:
 
14    (25 ILCS 10/20)
15    (Section scheduled to be repealed on July 1, 2022)
16    Sec. 20. Legislative Budget Oversight Commission.
17    (a) The General Assembly hereby finds and declares that
18the State is confronted with an unprecedented fiscal crisis.
19In light of this crisis, and the challenges it presents for the
20budgeting process, the General Assembly hereby establishes the
21Legislative Budget Oversight Commission. The purpose of the
22Commission is: to monitor budget management actions taken by
23the Office of the Governor or Governor's Office of Management

 

 

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1and Budget; and to oversee the distribution and expenditure of
2federal financial relief for State and local governments
3related to the COVID-19 pandemic; and to advise and review
4planned expenditures of State and federal grants for broadband
5projects.
6    (b) At the request of the Commission, units of local
7governments and State agency directors or their respective
8designees shall report to the Commission on the status and
9distribution of federal CARES money and any other federal
10financial relief related to the COVID-19 pandemic.
11    (c) In anticipation of constantly changing and
12unpredictable economic circumstances, the Commission will
13provide a means for the Governor's Office and the General
14Assembly to maintain open communication about necessary budget
15management actions during these unprecedented times. Beginning
16August 15, 2020, the Governor's Office of Management and
17Budget shall submit a monthly written report to the Commission
18reporting any budget management actions taken by the Office of
19the Governor, Governor's Office of Management and Budget, or
20any State agency. At the call of one of the co-chairs On a
21quarterly basis, the Governor or his or her designee shall
22give a report to the Commission and each member thereof. The
23report shall be given either in person or by telephonic or
24videoconferencing means. The report shall include:
25        (1) any budget management actions taken by the Office
26    of the Governor, Governor's Office of Management and

 

 

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1    Budget, or any agency or board under the Office of the
2    Governor in the prior quarter;
3        (2) year-to-date general funds revenues as compared to
4    anticipated revenues;
5        (3) year-to-date general funds expenditures as
6    compared to the Fiscal Year 2021 budget as enacted;
7        (4) a list, by program, of the number of grants
8    awarded, the aggregate amount of such grant awards, and
9    the aggregate amount of awards actually paid with respect
10    to all grants awarded from federal funds from the
11    Coronavirus Relief Fund in accordance with Section 5001 of
12    the federal Coronavirus Aid, Relief, and Economic Security
13    (CARES) Act or from the Coronavirus State Fiscal Recovery
14    Fund in accordance with Section 9901 of the federal
15    American Rescue Plan Act of 2021, which shall identify the
16    number of grants awarded, the aggregate amount of such
17    grant awards, and the aggregate amount of such awards
18    actually paid to grantees located in or serving a
19    disproportionately impacted area, as defined in the
20    program from which the grant is awarded; and
21        (5) any additional items reasonably requested by the
22    Commission.
23    (c-5) Any plans, responses to requests, letters of intent,
24application materials, or other documents prepared on behalf
25of the State describing the State's intended plan for
26distributing grants pursuant to Division F of the

 

 

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1Infrastructure Investment and Jobs Act must be, to the extent
2practical, provided to the Legislative Budget Oversight
3Commission for review at least 30 days prior to submission to
4the appropriate federal entity. If plans, responses to
5requests, letters of intent, application materials, or other
6documents prepared on behalf of the State describing the
7State's plan or goals for distributing grants pursuant to
8Division F of the Infrastructure Investment and Jobs Act
9cannot practically be given the Legislative Budget Oversight
10Commission 30 days prior to submission to the appropriate
11federal entity, the materials shall be provided to the
12Legislative Budget Oversight Commission with as much time for
13review as practical. All documents provided to the Commission
14shall be made available to the public on the General
15Assembly's website. However, the following information shall
16be redacted from any documents made available to the public:
17(i) information specifically prohibited from disclosure by
18federal or State law or federal or State rules and
19regulations; (ii) trade secrets; (iii) security sensitive
20information; and (iv) proprietary, privileged, or confidential
21commercial or financial information from a privately held
22person or business which, if disclosed, would cause
23competitive harm. Members of the public and interested parties
24may submit written comments to the Commission for
25consideration. Prior to the State's submission to the
26appropriate federal entity pursuant to this subsection, the

 

 

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1Commission shall conduct at least one public hearing during
2which members of the public and other interested parties may
3file written comments with and offer testimony before the
4Commission. After completing its review and consideration of
5any such testimony offered and written public comments
6received, the Commission shall submit its written comments and
7suggestions to the Governor or designated State entity
8responsible for administering the grant programs under
9Division F of the Infrastructure Investment and Jobs Act on
10behalf of the State. The Governor, or designated State entity
11responsible for administering the grant programs pursuant to
12Division F of the Infrastructure Investment and Jobs Act, must
13consider comments and suggestions provided by the members of
14the Legislative Budget Oversight Commission and members of the
15public.
16    (c-10) At the request of the Commission, the Governor or
17the designated State entity responsible for administering
18programs under Division F of the Infrastructure Investment and
19Jobs Act on behalf of the State must report on the grants
20issued by the State pursuant to the programs under Division F
21of the Infrastructure Investment and Jobs Act.
22    (d) The Legislative Budget Oversight Commission shall
23consist of the following members:
24        (1) 7 members of the House of Representatives
25    appointed by the Speaker of the House of Representatives;
26        (2) 7 members of the Senate appointed by the Senate

 

 

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1    President;
2        (3) 4 members of the House of Representatives
3    appointed by the Minority Leader of the House of
4    Representatives; and
5        (4) 4 members of the Senate appointed by the Senate
6    Minority Leader.
7    (e) The Speaker of the House of Representatives and the
8Senate President shall each appoint one member of the
9Commission to serve as a co-chair. The members of the
10Commission shall serve without compensation.
11    (f) As used in this Section:
12    "Budget management action" means any transfer between
13appropriation lines exceeding 2%, fund transfer directed by
14the Governor or the Governor's Office of Management and
15Budget, designation of appropriation lines as reserve, or any
16other discretionary action taken with regard to the Fiscal
17Year 2021 budget as enacted;
18    "State agency" means all officers, boards, commissions,
19departments, and agencies created by the Constitution, by law,
20by Executive Order, or by order of the Governor in the
21Executive Branch, other than the Offices of the Attorney
22General, Secretary of State, Comptroller, or Treasurer.
23    (g) This Section is repealed July 1, 2023 2022.
24(Source: P.A. 101-636, eff. 6-10-20; 102-16, eff. 6-17-21.)
 
25
ARTICLE 5.

 

 

 

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1    Section 5-3. The Illinois Constitutional Amendment Act is
2amended by changing Section 2 as follows:
 
3    (5 ILCS 20/2)  (from Ch. 1, par. 103)
4    Sec. 2.
5    (a) The General Assembly in submitting an amendment to the
6Constitution to the electors, or the proponents of an
7amendment to Article IV of the Constitution submitted by
8petition, shall prepare a brief explanation of such amendment,
9a brief argument in favor of the same, and the form in which
10such amendment will appear on the separate ballot as provided
11by Section 16-6 of the Election Code, as amended. The minority
12of the General Assembly, or if there is no minority, anyone
13designated by the General Assembly shall prepare a brief
14argument against such amendment. The explanation, the
15arguments for and against each constitutional amendment, and
16the form in which the amendment will appear on the separate
17ballot shall be approved by a joint resolution of the General
18Assembly and filed in the office of the Secretary of State with
19the proposed amendment.
20    (b) In the case of an amendment to Article IV of the
21Constitution initiated pursuant to Section 3 of Article XIV of
22the Constitution, the proponents shall be those persons so
23designated at the time of the filing of the petition as
24provided in Section 10-8 of the Election Code, and the

 

 

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1opponents shall be those members of the General Assembly
2opposing such amendment, or if there are none, anyone
3designated by the General Assembly and such opponents shall
4prepare a brief argument against such amendment. The
5proponent's explanation and argument in favor of and the
6opponents argument against an amendment to Article IV
7initiated by petition must be submitted to the Attorney
8General, who may rewrite them for accuracy and fairness. The
9explanation, the arguments for and against each constitutional
10amendment, and the form in which the amendment will appear on
11the separate ballot shall be filed in the office of the
12Secretary of State with the proposed amendment.
13    (c) At least 2 months one month before the next election of
14members of the General Assembly, following the passage of the
15proposed amendment, the Secretary of State shall publish the
16amendment, in full in 8 point type, or the equivalent thereto,
17in at least one secular newspaper of general circulation in
18every county in this State in which a newspaper is published.
19In counties in which 2 or more newspapers are published, the
20Secretary of State shall cause such amendment to be published
21in 2 newspapers. In counties having a population of 500,000 or
22more, such amendment shall be published in not less than 6
23newspapers of general circulation. After the first
24publication, the publication of such amendment shall be
25repeated once each week for 2 consecutive weeks. In selecting
26newspapers in which to publish such amendment the Secretary of

 

 

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1State shall have regard solely to the circulation of such
2newspapers, selecting secular newspapers in every case having
3the largest circulation. The proposed amendment shall have a
4notice prefixed thereto in said publications, that at such
5election the proposed amendment will be submitted to the
6electors for adoption or rejection, and at the end of the
7official publication, he shall also publish the form in which
8the proposed amendment will appear on the separate ballot. The
9Secretary of State shall fix the publication fees to be paid
10newspapers for making such publication, but in no case shall
11such publication fee exceed the amount charged by such
12newspapers to private individuals for a like publication.
13    (d) In addition to the notice hereby required to be
14published, the Secretary of State shall also cause the
15existing form of the constitutional provision proposed to be
16amended, the proposed amendment, the explanation of the same,
17the arguments for and against the same, and the form in which
18such amendment will appear on the separate ballot, to be
19published in pamphlet form in 8 point type or the equivalent
20thereto in English, in additional languages as required by
21Section 203 of Title III of the federal Voting Rights Act of
221965, and in braille. The Secretary of State shall publish the
23pamphlet on the Secretary's website in a downloadable,
24printable format and maintain a reasonable supply of printed
25pamphlets to be available upon request. The Secretary of State
26shall publish an audio version of the pamphlet, which shall be

 

 

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1available for playback on the Secretary's website and made
2available to any individual or entity upon request. ; and
3    (e) Except as provided in subsection (f), the Secretary of
4State shall mail such pamphlet to every mailing address in the
5State, addressed to the attention of the Postal Patron. He
6shall also maintain a reasonable supply of such pamphlets so
7as to make them available to any person requesting one.
8    (f) For any proposed constitutional amendment appearing on
9the ballot for the general election on November 8, 2022, the
10Secretary of State, in lieu of the requirement in subsection
11(e) of this Act, shall mail a postcard to every mailing address
12in the State advising that a proposed constitutional amendment
13will be considered at the general election. The postcard shall
14include a URL to the Secretary of State's website that
15contains the information required in subsection (d).
16(Source: P.A. 98-463, eff. 8-16-13.)
 
17    Section 5-5. The Substance Use Disorder Act is amended by
18changing Section 5-10 as follows:
 
19    (20 ILCS 301/5-10)
20    Sec. 5-10. Functions of the Department.
21    (a) In addition to the powers, duties and functions vested
22in the Department by this Act, or by other laws of this State,
23the Department shall carry out the following activities:
24        (1) Design, coordinate and fund comprehensive

 

 

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1    community-based and culturally and gender-appropriate
2    services throughout the State. These services must include
3    prevention, early intervention, treatment, and other
4    recovery support services for substance use disorders that
5    are accessible and addresses the needs of at-risk
6    individuals and their families.
7        (2) Act as the exclusive State agency to accept,
8    receive and expend, pursuant to appropriation, any public
9    or private monies, grants or services, including those
10    received from the federal government or from other State
11    agencies, for the purpose of providing prevention, early
12    intervention, treatment, and other recovery support
13    services for substance use disorders.
14        (2.5) In partnership with the Department of Healthcare
15    and Family Services, act as one of the principal State
16    agencies for the sole purpose of calculating the
17    maintenance of effort requirement under Section 1930 of
18    Title XIX, Part B, Subpart II of the Public Health Service
19    Act (42 U.S.C. 300x-30) and the Interim Final Rule (45 CFR
20    96.134).
21        (3) Coordinate a statewide strategy for the
22    prevention, early intervention, treatment, and recovery
23    support of substance use disorders. This strategy shall
24    include the development of a comprehensive plan, submitted
25    annually with the application for federal substance use
26    disorder block grant funding, for the provision of an

 

 

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1    array of such services. The plan shall be based on local
2    community-based needs and upon data including, but not
3    limited to, that which defines the prevalence of and costs
4    associated with substance use disorders. This
5    comprehensive plan shall include identification of
6    problems, needs, priorities, services and other pertinent
7    information, including the needs of minorities and other
8    specific priority populations in the State, and shall
9    describe how the identified problems and needs will be
10    addressed. For purposes of this paragraph, the term
11    "minorities and other specific priority populations" may
12    include, but shall not be limited to, groups such as
13    women, children, intravenous drug users, persons with AIDS
14    or who are HIV infected, veterans, African-Americans,
15    Puerto Ricans, Hispanics, Asian Americans, the elderly,
16    persons in the criminal justice system, persons who are
17    clients of services provided by other State agencies,
18    persons with disabilities and such other specific
19    populations as the Department may from time to time
20    identify. In developing the plan, the Department shall
21    seek input from providers, parent groups, associations and
22    interested citizens.
23        The plan developed under this Section shall include an
24    explanation of the rationale to be used in ensuring that
25    funding shall be based upon local community needs,
26    including, but not limited to, the incidence and

 

 

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1    prevalence of, and costs associated with, substance use
2    disorders, as well as upon demonstrated program
3    performance.
4        The plan developed under this Section shall also
5    contain a report detailing the activities of and progress
6    made through services for the care and treatment of
7    substance use disorders among pregnant women and mothers
8    and their children established under subsection (j) of
9    Section 35-5.
10        As applicable, the plan developed under this Section
11    shall also include information about funding by other
12    State agencies for prevention, early intervention,
13    treatment, and other recovery support services.
14        (4) Lead, foster and develop cooperation, coordination
15    and agreements among federal and State governmental
16    agencies and local providers that provide assistance,
17    services, funding or other functions, peripheral or
18    direct, in the prevention, early intervention, treatment,
19    and recovery support for substance use disorders. This
20    shall include, but shall not be limited to, the following:
21            (A) Cooperate with and assist other State
22        agencies, as applicable, in establishing and
23        conducting substance use disorder services among the
24        populations they respectively serve.
25            (B) Cooperate with and assist the Illinois
26        Department of Public Health in the establishment,

 

 

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1        funding and support of programs and services for the
2        promotion of maternal and child health and the
3        prevention and treatment of infectious diseases,
4        including but not limited to HIV infection, especially
5        with respect to those persons who are high risk due to
6        intravenous injection of illegal drugs, or who may
7        have been sexual partners of these individuals, or who
8        may have impaired immune systems as a result of a
9        substance use disorder.
10            (C) Supply to the Department of Public Health and
11        prenatal care providers a list of all providers who
12        are licensed to provide substance use disorder
13        treatment for pregnant women in this State.
14            (D) Assist in the placement of child abuse or
15        neglect perpetrators (identified by the Illinois
16        Department of Children and Family Services (DCFS)) who
17        have been determined to be in need of substance use
18        disorder treatment pursuant to Section 8.2 of the
19        Abused and Neglected Child Reporting Act.
20            (E) Cooperate with and assist DCFS in carrying out
21        its mandates to:
22                (i) identify substance use disorders among its
23            clients and their families; and
24                (ii) develop services to deal with such
25            disorders.
26        These services may include, but shall not be limited

 

 

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1        to, programs to prevent or treat substance use
2        disorders with DCFS clients and their families,
3        identifying child care needs within such treatment,
4        and assistance with other issues as required.
5            (F) Cooperate with and assist the Illinois
6        Criminal Justice Information Authority with respect to
7        statistical and other information concerning the
8        incidence and prevalence of substance use disorders.
9            (G) Cooperate with and assist the State
10        Superintendent of Education, boards of education,
11        schools, police departments, the Illinois State
12        Police, courts and other public and private agencies
13        and individuals in establishing prevention programs
14        statewide and preparing curriculum materials for use
15        at all levels of education.
16            (H) Cooperate with and assist the Illinois
17        Department of Healthcare and Family Services in the
18        development and provision of services offered to
19        recipients of public assistance for the treatment and
20        prevention of substance use disorders.
21            (I) (Blank).
22        (5) From monies appropriated to the Department from
23    the Drunk and Drugged Driving Prevention Fund, reimburse
24    DUI evaluation and risk education programs licensed by the
25    Department for providing indigent persons with free or
26    reduced-cost evaluation and risk education services

 

 

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1    relating to a charge of driving under the influence of
2    alcohol or other drugs.
3        (6) Promulgate regulations to identify and disseminate
4    best practice guidelines that can be utilized by publicly
5    and privately funded programs as well as for levels of
6    payment to government funded programs that provide
7    prevention, early intervention, treatment, and other
8    recovery support services for substance use disorders and
9    those services referenced in Sections 15-10 and 40-5.
10        (7) In consultation with providers and related trade
11    associations, specify a uniform methodology for use by
12    funded providers and the Department for billing and
13    collection and dissemination of statistical information
14    regarding services related to substance use disorders.
15        (8) Receive data and assistance from federal, State
16    and local governmental agencies, and obtain copies of
17    identification and arrest data from all federal, State and
18    local law enforcement agencies for use in carrying out the
19    purposes and functions of the Department.
20        (9) Designate and license providers to conduct
21    screening, assessment, referral and tracking of clients
22    identified by the criminal justice system as having
23    indications of substance use disorders and being eligible
24    to make an election for treatment under Section 40-5 of
25    this Act, and assist in the placement of individuals who
26    are under court order to participate in treatment.

 

 

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1        (10) Identify and disseminate evidence-based best
2    practice guidelines as maintained in administrative rule
3    that can be utilized to determine a substance use disorder
4    diagnosis.
5        (11) (Blank).
6        (12) Make grants with funds appropriated from the Drug
7    Treatment Fund in accordance with Section 7 of the
8    Controlled Substance and Cannabis Nuisance Act, or in
9    accordance with Section 80 of the Methamphetamine Control
10    and Community Protection Act, or in accordance with
11    subsections (h) and (i) of Section 411.2 of the Illinois
12    Controlled Substances Act, or in accordance with Section
13    6z-107 of the State Finance Act.
14        (13) Encourage all health and disability insurance
15    programs to include substance use disorder treatment as a
16    covered service and to use evidence-based best practice
17    criteria as maintained in administrative rule and as
18    required in Public Act 99-0480 in determining the
19    necessity for such services and continued stay.
20        (14) Award grants and enter into fixed-rate and
21    fee-for-service arrangements with any other department,
22    authority or commission of this State, or any other state
23    or the federal government or with any public or private
24    agency, including the disbursement of funds and furnishing
25    of staff, to effectuate the purposes of this Act.
26        (15) Conduct a public information campaign to inform

 

 

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1    the State's Hispanic residents regarding the prevention
2    and treatment of substance use disorders.
3    (b) In addition to the powers, duties and functions vested
4in it by this Act, or by other laws of this State, the
5Department may undertake, but shall not be limited to, the
6following activities:
7        (1) Require all organizations licensed or funded by
8    the Department to include an education component to inform
9    participants regarding the causes and means of
10    transmission and methods of reducing the risk of acquiring
11    or transmitting HIV infection and other infectious
12    diseases, and to include funding for such education
13    component in its support of the program.
14        (2) Review all State agency applications for federal
15    funds that include provisions relating to the prevention,
16    early intervention and treatment of substance use
17    disorders in order to ensure consistency.
18        (3) Prepare, publish, evaluate, disseminate and serve
19    as a central repository for educational materials dealing
20    with the nature and effects of substance use disorders.
21    Such materials may deal with the educational needs of the
22    citizens of Illinois, and may include at least pamphlets
23    that describe the causes and effects of fetal alcohol
24    spectrum disorders.
25        (4) Develop and coordinate, with regional and local
26    agencies, education and training programs for persons

 

 

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1    engaged in providing services for persons with substance
2    use disorders, which programs may include specific HIV
3    education and training for program personnel.
4        (5) Cooperate with and assist in the development of
5    education, prevention, early intervention, and treatment
6    programs for employees of State and local governments and
7    businesses in the State.
8        (6) Utilize the support and assistance of interested
9    persons in the community, including recovering persons, to
10    assist individuals and communities in understanding the
11    dynamics of substance use disorders, and to encourage
12    individuals with substance use disorders to voluntarily
13    undergo treatment.
14        (7) Promote, conduct, assist or sponsor basic
15    clinical, epidemiological and statistical research into
16    substance use disorders and research into the prevention
17    of those problems either solely or in conjunction with any
18    public or private agency.
19        (8) Cooperate with public and private agencies,
20    organizations and individuals in the development of
21    programs, and to provide technical assistance and
22    consultation services for this purpose.
23        (9) (Blank).
24        (10) (Blank).
25        (11) Fund, promote, or assist entities dealing with
26    substance use disorders.

 

 

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1        (12) With monies appropriated from the Group Home Loan
2    Revolving Fund, make loans, directly or through
3    subcontract, to assist in underwriting the costs of
4    housing in which individuals recovering from substance use
5    disorders may reside, pursuant to Section 50-40 of this
6    Act.
7        (13) Promulgate such regulations as may be necessary
8    to carry out the purposes and enforce the provisions of
9    this Act.
10        (14) Provide funding to help parents be effective in
11    preventing substance use disorders by building an
12    awareness of the family's role in preventing substance use
13    disorders through adjusting expectations, developing new
14    skills, and setting positive family goals. The programs
15    shall include, but not be limited to, the following
16    subjects: healthy family communication; establishing rules
17    and limits; how to reduce family conflict; how to build
18    self-esteem, competency, and responsibility in children;
19    how to improve motivation and achievement; effective
20    discipline; problem solving techniques; and how to talk
21    about drugs and alcohol. The programs shall be open to all
22    parents.
23    (c) There is created within the Department of Human
24Services an Office of Opioid Settlement Administration. The
25Office shall be responsible for implementing and administering
26approved abatement programs as described in Exhibit B of the

 

 

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1Illinois Opioid Allocation Agreement, effective December 30,
22021. The Office may also implement and administer other
3opioid-related programs, including but not limited to
4prevention, treatment, and recovery services from other funds
5made available to the Department of Human Services. The
6Secretary of Human Services shall appoint or assign staff as
7necessary to carry out the duties and functions of the Office.
8(Source: P.A. 101-10, eff. 6-5-19; 102-538, eff. 8-20-21.)
 
9    Section 5-10. The Department of Central Management
10Services Law of the Civil Administrative Code of Illinois is
11amended by changing Section 405-280 as follows:
 
12    (20 ILCS 405/405-280)  (was 20 ILCS 405/67.15)
13    Sec. 405-280. State garages; charging stations; passenger
14cars.
15    (a) To supervise and administer all State garages used for
16the repair, maintenance, or servicing of State-owned motor
17vehicles except those operated by any State college or
18university or by the Illinois Mathematics and Science Academy;
19to supervise and administer the design, purchase,
20installation, operation, and maintenance of electric vehicle
21charging infrastructure and associated improvements on any
22property that is owned or controlled by the State; and to
23acquire, maintain, and administer the operation of the
24passenger cars reasonably necessary to the operations of the

 

 

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1executive department of the State government. To this end, the
2Department shall adopt regulations setting forth guidelines
3for the acquisition, use, maintenance, and replacement of
4motor vehicles, including the use of ethanol blended gasoline
5whenever feasible, used by the executive department of State
6government; shall occupy the space and take possession of the
7personnel, facilities, equipment, tools, and vehicles that are
8in the possession or under the administration of the former
9Department of Administrative Services for these purposes on
10July 13, 1982 (the effective date of Public Act 82-789); and
11shall, from time to time, acquire any further, additional, and
12replacement facilities, space, tools, and vehicles that are
13reasonably necessary for the purposes described in this
14Section.
15    (a-5) Notwithstanding any State policy or rule to the
16contrary, any State-owned motor vehicle requiring maintenance
17in the form of an oil change shall have such maintenance
18performed according to the applicable Department policy which
19considers the manufacturer's suggested oil change frequency
20for that vehicle's particular make, model, and year. The
21Department shall evaluate the original equipment
22manufacturer's oil change interval recommendations and other
23related impacts periodically and consider policy adjustments
24as is cost and operationally efficient for the State.
25    (b) The Department shall evaluate the availability and
26cost of GPS systems that State agencies may be able to use to

 

 

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1track State-owned motor vehicles.
2    (c) The Department shall distribute a spreadsheet or
3otherwise make data entry available to each State agency to
4facilitate the collection of data for publishing on the
5Department's Internet website. Each State agency shall
6cooperate with the Department in furnishing the data necessary
7for the implementation of this subsection within the timeframe
8specified by the Department. Each State agency shall be
9responsible for the validity and accuracy of the data
10provided. Beginning on July 1, 2013, the Department shall make
11available to the public on its Internet website the following
12information:
13        (1) vehicle cost data, organized by individual vehicle
14    and by State agency, and including repair, maintenance,
15    fuel, insurance, and other costs, as well as whether
16    required vehicle inspections have been performed; and
17        (2) an annual vehicle breakeven analysis, organized by
18    individual vehicle and by State agency, comparing the
19    number of miles a vehicle has been driven with the total
20    cost of maintaining the vehicle.
21    (d) Beginning on January 1, 2013 (the effective date of
22Public Act 97-922) this amendatory Act of the 97th General
23Assembly, and notwithstanding any provision of law to the
24contrary, the Department may not make any new motor vehicle
25purchases until the Department sets forth procedures to
26condition the purchase of new motor vehicles on (i) a

 

 

10200HB4700sam001- 35 -LRB102 24222 JDS 39045 a

1determination of need based on a breakeven analysis, and (ii)
2a determination that no other available means, including car
3sharing or rental agreements, would be more cost-effective to
4the State. However, the Department may purchase motor vehicles
5not meeting or exceeding a breakeven analysis only if there is
6no alternative available to carry out agency work functions
7and the purchase is approved by the Manager of the Division of
8Vehicles upon the receipt of a written explanation from the
9agency head of the operational needs justifying the purchase.
10(Source: P.A. 100-651, eff. 1-1-19.)
 
11    Section 5-12. The Children and Family Services Act is
12amended by adding Section 35.11 as follows:
 
13    (20 ILCS 505/35.11 new)
14    Sec. 35.11. Rate study. By November 1, 2022, the
15Department of Children and Family Services shall issue a
16request for proposal for a rate consultant to study and
17develop potential new rates and rate methodologies using
18objective, publicly available data sources, standard
19administrative cost reporting, and provider-reported costs in
20order to determine the resources necessary to create and
21maintain a robust continuum of care in Illinois to meet the
22needs of all youth in the Department's care, including, but
23not limited to, therapeutic residential placements,
24evidence-based alternatives to residential care including

 

 

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1therapeutic foster care, specialized foster care, community
2supports for youth in care who are returned home to parents or
3guardians, and emergency foster care and emergency shelter
4care.
 
5    Section 5-15. The Department of Commerce and Economic
6Opportunity Law of the Civil Administrative Code of Illinois
7is amended by changing Sections 605-55 and 605-705 and by
8adding Sections 605-1095 and 605-1100 as follows:
 
9    (20 ILCS 605/605-55)  (was 20 ILCS 605/46.21)
10    Sec. 605-55. Contracts and other acts to accomplish
11Department's duties. To make and enter into contracts,
12including but not limited to making grants and loans to units
13of local government, private agencies as defined in the
14Illinois State Auditing Act, non-profit corporations,
15educational institutions, and for-profit businesses as
16authorized pursuant to appropriations by the General Assembly
17from the Build Illinois Bond Fund, the Fund for Illinois'
18Future, the Capital Development Fund, and the General Revenue
19Fund, and, for Fiscal Year 2023 only, the Chicago Travel
20Industry Promotion Fund, and generally to do all things that,
21in its judgment, may be necessary, proper, and expedient in
22accomplishing its duties.
23(Source: P.A. 94-91, eff. 7-1-05.)
 

 

 

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1    (20 ILCS 605/605-705)  (was 20 ILCS 605/46.6a)
2    Sec. 605-705. Grants to local tourism and convention
3bureaus.
4    (a) To establish a grant program for local tourism and
5convention bureaus. The Department will develop and implement
6a program for the use of funds, as authorized under this Act,
7by local tourism and convention bureaus. For the purposes of
8this Act, bureaus eligible to receive funds are those local
9tourism and convention bureaus that are (i) either units of
10local government or incorporated as not-for-profit
11organizations; (ii) in legal existence for a minimum of 2
12years before July 1, 2001; (iii) operating with a paid,
13full-time staff whose sole purpose is to promote tourism in
14the designated service area; and (iv) affiliated with one or
15more municipalities or counties that support the bureau with
16local hotel-motel taxes. After July 1, 2001, bureaus
17requesting certification in order to receive funds for the
18first time must be local tourism and convention bureaus that
19are (i) either units of local government or incorporated as
20not-for-profit organizations; (ii) in legal existence for a
21minimum of 2 years before the request for certification; (iii)
22operating with a paid, full-time staff whose sole purpose is
23to promote tourism in the designated service area; and (iv)
24affiliated with multiple municipalities or counties that
25support the bureau with local hotel-motel taxes. Each bureau
26receiving funds under this Act will be certified by the

 

 

10200HB4700sam001- 38 -LRB102 24222 JDS 39045 a

1Department as the designated recipient to serve an area of the
2State. Notwithstanding the criteria set forth in this
3subsection (a), or any rule adopted under this subsection (a),
4the Director of the Department may provide for the award of
5grant funds to one or more entities if in the Department's
6judgment that action is necessary in order to prevent a loss of
7funding critical to promoting tourism in a designated
8geographic area of the State.
9    (b) To distribute grants to local tourism and convention
10bureaus from appropriations made from the Local Tourism Fund
11for that purpose. Of the amounts appropriated annually to the
12Department for expenditure under this Section prior to July 1,
132011, one-third of those monies shall be used for grants to
14convention and tourism bureaus in cities with a population
15greater than 500,000. The remaining two-thirds of the annual
16appropriation prior to July 1, 2011 shall be used for grants to
17convention and tourism bureaus in the remainder of the State,
18in accordance with a formula based upon the population served.
19Of the amounts appropriated annually to the Department for
20expenditure under this Section beginning July 1, 2011, 18% of
21such moneys shall be used for grants to convention and tourism
22bureaus in cities with a population greater than 500,000. Of
23the amounts appropriated annually to the Department for
24expenditure under this Section beginning July 1, 2011, 82% of
25such moneys shall be used for grants to convention bureaus in
26the remainder of the State, in accordance with a formula based

 

 

10200HB4700sam001- 39 -LRB102 24222 JDS 39045 a

1upon the population served. The Department may reserve up to
23% of total local tourism funds available for costs of
3administering the program to conduct audits of grants, to
4provide incentive funds to those bureaus that will conduct
5promotional activities designed to further the Department's
6statewide advertising campaign, to fund special statewide
7promotional activities, and to fund promotional activities
8that support an increased use of the State's parks or historic
9sites. The Department shall require that any convention and
10tourism bureau receiving a grant under this Section that
11requires matching funds shall provide matching funds equal to
12no less than 50% of the grant amount except that in Fiscal
13Years 2021 through 2023 and 2022 only, the Department shall
14require that any convention and tourism bureau receiving a
15grant under this Section that requires matching funds shall
16provide matching funds equal to no less than 25% of the grant
17amount. During fiscal year 2013, the Department shall reserve
18$2,000,000 of the available local tourism funds for
19appropriation to the Historic Preservation Agency for the
20operation of the Abraham Lincoln Presidential Library and
21Museum and State historic sites.
22    To provide for the expeditious and timely implementation
23of the changes made by Public Act 101-636 this amendatory Act
24of the 101st General Assembly, emergency rules to implement
25the changes made by Public Act 101-636 this amendatory Act of
26the 101st General Assembly may be adopted by the Department

 

 

10200HB4700sam001- 40 -LRB102 24222 JDS 39045 a

1subject to the provisions of Section 5-45 of the Illinois
2Administrative Procedure Act.
3(Source: P.A. 101-636, eff. 6-10-20; 102-16, eff. 6-17-21.)
 
4    (20 ILCS 605/605-1095 new)
5    Sec. 605-1095. Hotel Jobs Recovery Grant Program.
6    (a) In 2019, the hotel industry in the State of Illinois
7directly employed more than 60,000 people and generated
8$4,000,000,000 in State and local taxes. During the first year
9of the COVID-19 pandemic, one in three hotel workers were laid
10off or furloughed, and hotels lost $3,600,000,000 in economic
11activity. Unlike other segments of the hospitality industry,
12the hotel industry has not received any direct hotel-specific
13support from the federal government. Funds awarded under this
14Section will be used by hotels to support their workforce and
15recover from the COVID-19 pandemic.
16    (b) As used in this Section:
17    "Hotel" means any building or buildings in which the
18public may, for a consideration, obtain living quarters,
19sleeping or housekeeping accommodations. The term includes,
20but is not limited to, inns, motels, tourist homes or courts,
21lodging houses, rooming houses, retreat centers, conference
22centers, and hunting lodges. "Hotel" does not include a
23short-term rental.
24    "Short-term rental" means a single-family dwelling, or a
25residential dwelling unit in a multi-unit structure,

 

 

10200HB4700sam001- 41 -LRB102 24222 JDS 39045 a

1condominium, cooperative, timeshare, or similar joint property
2ownership arrangement, that is rented for a fee for less than
330 consecutive days. "Short-term rental" includes a vacation
4rental.
5    "Operator" and "room" have the meanings given to those
6terms in the Hotel Operators' Occupation Tax Act.
7    (c) The Department may receive State funds and, directly
8or indirectly, federal funds under the authority of
9legislation passed in response to the Coronavirus epidemic
10including, but not limited to, the American Rescue Plan Act of
112021, (Public Law 117-2) ("ARPA"); such funds shall be used in
12accordance with the ARPA legislation and other State and
13federal law. Upon receipt or availability of such State or
14federal funds, and subject to appropriations for their use,
15the Department shall establish the Hotel Jobs Recovery Grant
16Program for the purpose of providing direct relief to hotels
17impacted by the COVID-19 pandemic. Based on an application
18filed by the hotel operator, the Department shall award a
19one-time grant in an amount of up to $1,500 for each room in
20the hotel. Every hotel in operation in the state prior to March
2112, 2020 that remains in operation shall be eligible to apply
22for the grant. Grant awards shall be scaled based on a process
23determined by the Department, including reducing the grant
24amount by previous state and local relief provided to the
25business during the COVID-19 pandemic.
26    (d) Any operator who receives grant funds under this

 

 

10200HB4700sam001- 42 -LRB102 24222 JDS 39045 a

1Section shall use a minimum of 80% of the funds on payroll
2costs, to the extent permitted by Section 9901 of ARPA,
3including, but not limited to, wages, benefits, and employer
4contributions to employee healthcare costs. The remaining
5funds shall be used on any other costs and losses permitted by
6ARPA.
7    (e) Within 12 months after receiving grant funds under
8this Section, the operator shall submit a written attestation
9to the Department acknowledging compliance with subsection
10(d).
11    (f) The Department may establish by rule administrative
12procedures for the grant program, including any application
13procedures, grant agreements, certifications, payment
14methodologies, and other accountability measures that may be
15imposed upon participants in the program. The emergency
16rulemaking process may be used to promulgate the initial rules
17of the program following the effective date of this amendatory
18Act of the 102nd General Assembly.
19    (g) The Department has the power to issue grants and enter
20into agreements with eligible hotels to carry out the purposes
21of this program.
22    (h) This Section is repealed on December 31, 2024.
 
23    (20 ILCS 605/605-1100 new)
24    Sec. 605-1100. Restaurant Employment and Stabilization
25Grant Program.

 

 

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1    (a) As used in this Section, "eligible entity" means a
2restaurant or tavern that meets all of the following criteria:
3        (1) the restaurant or tavern is located in the State
4    of Illinois;
5        (2) the restaurant or tavern is eligible to receive
6    federal grant funds under Section 5003 of the American
7    Rescue Plan Act of 2021 ("ARPA");
8        (3) the restaurant or tavern employs 50 or fewer
9    employees;
10        (4) the restaurant or tavern was in operation as of
11    March 12, 2020 and remains in operation; and
12        (5) the restaurant or tavern has not received
13    financial assistance pursuant to the federal Restaurant
14    Revitalization Grant Program; the State Back to Business
15    Grant Program or the Business Interruption Grant program;
16    or any other local or State program providing more than
17    $10,000 in grants or forgiven loans since April 1, 2020.
18    (b) The Department may receive State funds and, directly
19or indirectly, federal funds under the authority of
20legislation passed in response to the Coronavirus epidemic
21including, but not limited to, ARPA; such funds shall be used
22in accordance with the ARPA legislation and other State and
23federal law. Upon receipt or availability of such State or
24federal funds, and subject to appropriations for their use,
25the Department shall establish the Restaurant Employment and
26Stabilization Grant Program for the purpose of providing

 

 

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1direct economic relief to eligible entities that continue to
2be impacted by COVID-19 economic pandemic conditions. The
3Department shall award a one-time grant in an amount of up to
4$50,000 to each eligible entity. Grant award amounts will be
5determined, based on the eligible entity's reported losses
6during a timeframe determined by the Department.
7    (c) Eligible entities receiving grant funds under this
8Section shall use those grant funds only for the following
9purposes, to the extent permitted by Section 9901 of ARPA and
10related federal guidance, including but not limited to the
11following: payroll costs; paid sick leave; employer
12contributions to employee health care costs; payments of
13principal or interest on any mortgage obligation; rent
14payments, including rent under a lease agreement; utilities;
15maintenance; and operational expenses.
16    (d) Within one year after receiving grant funds under this
17Section, the eligible entity shall submit a written
18attestation to the Department acknowledging compliance with
19subsection (c). The Department shall establish additional
20reporting requirements based on reporting guidelines
21established by the U.S. Department of Treasury for Section
229901 of ARPA by administrative rule.
23    (e) If an eligible entity that receives a grant under this
24Section fails to use all of those grant funds within one year
25after receiving the grant, the eligible entity shall return to
26the Department any grant funds that the eligible entity

 

 

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1received under this Section and did not use for allowable
2expenses under subsection (c).
3    (f) The Department may establish by rule administrative
4procedures for the grant program, including any application
5procedures, grant agreements, certifications, payment
6methodologies, and other accountability measures that may be
7imposed upon participants in the program. The emergency
8rulemaking process may be used to promulgate the initial rules
9of the program following the effective date of this amendatory
10Act of the 102nd General Assembly.
11    (g) The Department has the power to issue grants and enter
12into agreements with eligible entities to carry out the
13purposes of this program.
14    (h) This Section is repealed on December 31, 2024.
 
15    Section 5-16. The Electric Vehicle Act is amended by
16changing Section 15 as follows:
 
17    (20 ILCS 627/15)
18    Sec. 15. Electric Vehicle Coordinator. The Governor, with
19the advice and consent of the Senate, shall appoint a person
20within the Illinois Environmental Protection Agency to serve
21as the Electric Vehicle Coordinator for the State of Illinois.
22The Electric Vehicle Coordinator shall receive an annual
23salary as set by the Governor and beginning July 1, 2022 shall
24be compensated from appropriations made to the Comptroller for

 

 

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1this purpose. This person may be an existing employee with
2other duties. The Coordinator shall act as a point person for
3electric vehicle-related and electric vehicle charging-related
4policies and activities in Illinois, including, but not
5limited to, the issuance of electric vehicle rebates for
6consumers and electric vehicle charging rebates for
7organizations and companies.
8(Source: P.A. 102-444, eff. 8-20-21; 102-662, eff. 9-15-21.)
 
9    Section 5-17. The Department of Natural Resources Act is
10amended by changing Section 1-15 as follows:
 
11    (20 ILCS 801/1-15)
12    Sec. 1-15. General powers and duties.
13    (a) It shall be the duty of the Department to investigate
14practical problems, implement studies, conduct research and
15provide assistance, information and data relating to the
16technology and administration of the natural history,
17entomology, zoology, and botany of this State; the geology and
18natural resources of this State; the water and atmospheric
19resources of this State; and the archeological and cultural
20history of this State.
21    (b) The Department (i) shall obtain, store, and process
22relevant data; recommend technological, administrative, and
23legislative changes and developments; cooperate with other
24federal, state, and local governmental research agencies,

 

 

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1facilities, or institutes in the selection of projects for
2study; cooperate with the Board of Higher Education and with
3the public and private colleges and universities in this State
4in developing relevant interdisciplinary approaches to
5problems; and evaluate curricula at all levels of education
6and provide assistance to instructors and (ii) may sponsor an
7annual conference of leaders in government, industry, health,
8and education to evaluate the state of this State's
9environment and natural resources.
10    (c) The Director, in accordance with the Personnel Code,
11shall employ such personnel, provide such facilities, and
12contract for such outside services as may be necessary to
13carry out the purposes of the Department. Maximum use shall be
14made of existing federal and state agencies, facilities, and
15personnel in conducting research under this Act.
16    (c-5) The Department may use the services of, and enter
17into necessary agreements with, outside entities for the
18purpose of evaluating grant applications and for the purpose
19of administering or monitoring compliance with grant
20agreements. Contracts under this subsection shall not exceed 2
21years in length.
22    (d) In addition to its other powers, the Department has
23the following powers:
24        (1) To obtain, store, process, and provide data and
25    information related to the powers and duties of the
26    Department under this Act. This subdivision (d)(1) does

 

 

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1    not give authority to the Department to require reports
2    from nongovernmental sources or entities.
3        (2) To cooperate with and support the Illinois Science
4    and Technology Advisory Committee and the Illinois
5    Coalition for the purpose of facilitating the effective
6    operations and activities of such entities. Support may
7    include, but need not be limited to, providing space for
8    the operations of the Committee and the Illinois
9    Coalition.
10    (e) The Department is authorized to make grants to local
11not-for-profit organizations for the purposes of development,
12maintenance and study of wetland areas.
13    (f) The Department has the authority to accept, receive
14and administer on behalf of the State any gifts, bequests,
15donations, income from property rental and endowments. Any
16such funds received by the Department shall be deposited into
17the Natural Resources Fund, a special fund which is hereby
18created in the State treasury, and used for the purposes of
19this Act or, when appropriate, for such purposes and under
20such restrictions, terms and conditions as are predetermined
21by the donor or grantor of such funds or property. Any accrued
22interest from money deposited into the Natural Resources Fund
23shall be reinvested into the Fund and used in the same manner
24as the principal. The Director shall maintain records which
25account for and assure that restricted funds or property are
26disbursed or used pursuant to the restrictions, terms or

 

 

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1conditions of the donor.
2    (g) The Department shall recognize, preserve, and promote
3our special heritage of recreational hunting and trapping by
4providing opportunities to hunt and trap in accordance with
5the Wildlife Code.
6    (h) Within 5 years after the effective date of this
7amendatory Act of the 102nd General Assembly, the Department
8shall fly a United States Flag, an Illinois flag, and a POW/MIA
9flag at all State parks. Donations may be made by groups and
10individuals to the Department's Special Projects Fund for
11costs related to the implementation of this subsection.
12(Source: P.A. 102-388, eff. 1-1-22.)
 
13    Section 5-18. The Department of Human Services Act is
14amended by changing Section 1-20 as follows:
 
15    (20 ILCS 1305/1-20)
16    Sec. 1-20. General powers and duties.
17    (a) The Department shall exercise the rights, powers,
18duties, and functions provided by law, including (but not
19limited to) the rights, powers, duties, and functions
20transferred to the Department under Article 80 and Article 90
21of this Act.
22    (b) The Department may employ personnel (in accordance
23with the Personnel Code), provide facilities, contract for
24goods and services, and adopt rules as necessary to carry out

 

 

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1its functions and purposes, all in accordance with applicable
2State and federal law.
3    (c) On and after the date 6 months after the effective date
4of this amendatory Act of the 98th General Assembly, as
5provided in the Executive Order 1 (2012) Implementation Act,
6all of the powers, duties, rights, and responsibilities
7related to State healthcare purchasing under this Act that
8were transferred from the Department to the Department of
9Healthcare and Family Services by Executive Order 3 (2005) are
10transferred back to the Department.
11    (d) The Department may utilize the services of, and enter
12into necessary agreements with, outside entities for the
13purpose of evaluating grant applications and administration of
14or monitoring compliance with grant agreements. Contracts
15pursuant to this subsection shall not exceed 2 years in
16length.
17(Source: P.A. 98-488, eff. 8-16-13.)
 
18    Section 5-20. The Illinois Commission on Volunteerism and
19Community Service Act is amended by adding Section 4.5 as
20follows:
 
21    (20 ILCS 1345/4.5 new)
22    Sec. 4.5. Serve Illinois Commission Fund; creation. The
23Serve Illinois Commission Fund is created as a special fund in
24the State treasury. All federal grant moneys awarded in

 

 

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1support of the activities authorized under this Act to the
2Department of Human Services or the Commission may be
3deposited into the Serve Illinois Commission Fund. In addition
4to federal grant moneys, the Department and the Commission may
5accept and deposit into the Serve Illinois Commission Fund any
6other funds, grants, gifts, and bequests from any source,
7public or private, in support of the activities authorized
8under this Act. Appropriations from the Serve Illinois
9Commission Fund shall be used for operations, grants, and
10other purposes as authorized by this Act. Upon written
11notification by the Secretary of Human Services, the State
12Comptroller shall direct and the State Treasurer shall
13transfer any remaining balance in the Federal National
14Community Services Grant Fund to the Serve Illinois Commission
15Fund.
 
16    Section 5-25. The Illinois Lottery Law is amended by
17changing Sections 2, 7.12, and 9.1 and by adding Sections 9.2
18and 9.3 as follows:
 
19    (20 ILCS 1605/2)  (from Ch. 120, par. 1152)
20    Sec. 2. This Act is enacted to implement and establish
21within the State a lottery to be conducted by the State through
22the Department. The entire net proceeds of the Lottery are to
23be used for the support of the State's Common School Fund,
24except as otherwise provided in this Act subsection (o) of

 

 

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1Section 9.1 and Sections 21.5, 21.6, 21.7, 21.8, 21.9, 21.10,
221.11, 21.12, and 21.13. The General Assembly finds that it is
3in the public interest for the Department to conduct the
4functions of the Lottery with the assistance of a private
5manager under a management agreement overseen by the
6Department. The Department shall be accountable to the General
7Assembly and the people of the State through a comprehensive
8system of regulation, audits, reports, and enduring
9operational oversight. The Department's ongoing conduct of the
10Lottery through a management agreement with a private manager
11shall act to promote and ensure the integrity, security,
12honesty, and fairness of the Lottery's operation and
13administration. It is the intent of the General Assembly that
14the Department shall conduct the Lottery with the assistance
15of a private manager under a management agreement at all times
16in a manner consistent with 18 U.S.C. 1307(a)(1), 1307(b)(1),
171953(b)(4).
18    Beginning with Fiscal Year 2018 and every year thereafter,
19any moneys transferred from the State Lottery Fund to the
20Common School Fund shall be supplemental to, and not in lieu
21of, any other money due to be transferred to the Common School
22Fund by law or appropriation.
23(Source: P.A. 101-81, eff. 7-12-19; 101-561, eff. 8-23-19;
24102-558, eff. 8-20-21.)
 
25    (20 ILCS 1605/7.12)

 

 

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1    (Section scheduled to be repealed on July 1, 2022)
2    Sec. 7.12. Internet program.
3    (a) The General Assembly finds that:
4        (1) the consumer market in Illinois has changed since
5    the creation of the Illinois State Lottery in 1974;
6        (2) the Internet has become an integral part of
7    everyday life for a significant number of Illinois
8    residents not only in regards to their professional life,
9    but also in regards to personal business and
10    communication; and
11        (3) the current practices of selling lottery tickets
12    does not appeal to the new form of market participants who
13    prefer to make purchases on the Internet at their own
14    convenience.
15    It is the intent of the General Assembly to create an
16Internet program for the sale of lottery tickets to capture
17this new form of market participant.
18    (b) The Department shall create a program that allows an
19individual 18 years of age or older to purchase lottery
20tickets or shares on the Internet without using a Lottery
21retailer with on-line status, as those terms are defined by
22rule. The Department shall restrict the sale of lottery
23tickets on the Internet to transactions initiated and received
24or otherwise made exclusively within the State of Illinois.
25The Department shall adopt rules necessary for the
26administration of this program. These rules shall include,

 

 

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1among other things, requirements for marketing of the Lottery
2to infrequent players, as well as limitations on the purchases
3that may be made through any one individual's lottery account.
4The provisions of this Act and the rules adopted under this Act
5shall apply to the sale of lottery tickets or shares under this
6program.
7    The Department is obligated to implement the program set
8forth in this Section and Sections 7.15 and 7.16. The
9Department may offer Lotto, Lucky Day Lotto, Mega Millions,
10Powerball, Pick 3, Pick 4, and other draw games that are
11offered at retail locations through the Internet program. The
12private manager shall obtain the Director's approval before
13providing any draw games. Any draw game tickets that are
14approved for sale by lottery licensees are automatically
15approved for sale through the Internet program. The Department
16shall maintain responsible gaming controls in its policies.
17    The Department shall authorize the private manager to
18implement and administer the program pursuant to the
19management agreement entered into under Section 9.1 and in a
20manner consistent with the provisions of this Section. If a
21private manager has not been selected pursuant to Section 9.1
22at the time the Department is obligated to implement the
23program, then the Department shall not proceed with the
24program until after the selection of the private manager, at
25which time the Department shall authorize the private manager
26to implement and administer the program pursuant to the

 

 

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1management agreement entered into under Section 9.1 and in a
2manner consistent with the provisions of this Section.
3    Nothing in this Section shall be construed as prohibiting
4the Department from implementing and operating a website
5portal whereby individuals who are 18 years of age or older
6with an Illinois mailing address may apply to purchase lottery
7tickets via subscription. Nothing in this Section shall also
8be construed as prohibiting the Lottery draw game tickets
9authorized for sale through the Internet program under this
10Section from also continuing to be sold at retail locations by
11a lottery licensee pursuant to the Department's rules.
12    (c) (Blank).
13    (d) This Section is repealed on July 1, 2025 2022.
14(Source: P.A. 100-23, eff. 7-6-17; 100-587, eff. 6-4-18;
15101-35, eff. 6-28-19.)
 
16    (20 ILCS 1605/9.1)
17    Sec. 9.1. Private manager and management agreement.
18    (a) As used in this Section:
19    "Offeror" means a person or group of persons that responds
20to a request for qualifications under this Section.
21    "Request for qualifications" means all materials and
22documents prepared by the Department to solicit the following
23from offerors:
24        (1) Statements of qualifications.
25        (2) Proposals to enter into a management agreement,

 

 

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1    including the identity of any prospective vendor or
2    vendors that the offeror intends to initially engage to
3    assist the offeror in performing its obligations under the
4    management agreement.
5    "Final offer" means the last proposal submitted by an
6offeror in response to the request for qualifications,
7including the identity of any prospective vendor or vendors
8that the offeror intends to initially engage to assist the
9offeror in performing its obligations under the management
10agreement.
11    "Final offeror" means the offeror ultimately selected by
12the Governor to be the private manager for the Lottery under
13subsection (h) of this Section.
14    (b) By September 15, 2010, the Governor shall select a
15private manager for the total management of the Lottery with
16integrated functions, such as lottery game design, supply of
17goods and services, and advertising and as specified in this
18Section.
19    (c) Pursuant to the terms of this subsection, the
20Department shall endeavor to expeditiously terminate the
21existing contracts in support of the Lottery in effect on July
2213, 2009 (the effective date of Public Act 96-37) in
23connection with the selection of the private manager. As part
24of its obligation to terminate these contracts and select the
25private manager, the Department shall establish a mutually
26agreeable timetable to transfer the functions of existing

 

 

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1contractors to the private manager so that existing Lottery
2operations are not materially diminished or impaired during
3the transition. To that end, the Department shall do the
4following:
5        (1) where such contracts contain a provision
6    authorizing termination upon notice, the Department shall
7    provide notice of termination to occur upon the mutually
8    agreed timetable for transfer of functions;
9        (2) upon the expiration of any initial term or renewal
10    term of the current Lottery contracts, the Department
11    shall not renew such contract for a term extending beyond
12    the mutually agreed timetable for transfer of functions;
13    or
14        (3) in the event any current contract provides for
15    termination of that contract upon the implementation of a
16    contract with the private manager, the Department shall
17    perform all necessary actions to terminate the contract on
18    the date that coincides with the mutually agreed timetable
19    for transfer of functions.
20    If the contracts to support the current operation of the
21Lottery in effect on July 13, 2009 (the effective date of
22Public Act 96-34) are not subject to termination as provided
23for in this subsection (c), then the Department may include a
24provision in the contract with the private manager specifying
25a mutually agreeable methodology for incorporation.
26    (c-5) The Department shall include provisions in the

 

 

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1management agreement whereby the private manager shall, for a
2fee, and pursuant to a contract negotiated with the Department
3(the "Employee Use Contract"), utilize the services of current
4Department employees to assist in the administration and
5operation of the Lottery. The Department shall be the employer
6of all such bargaining unit employees assigned to perform such
7work for the private manager, and such employees shall be
8State employees, as defined by the Personnel Code. Department
9employees shall operate under the same employment policies,
10rules, regulations, and procedures, as other employees of the
11Department. In addition, neither historical representation
12rights under the Illinois Public Labor Relations Act, nor
13existing collective bargaining agreements, shall be disturbed
14by the management agreement with the private manager for the
15management of the Lottery.
16    (d) The management agreement with the private manager
17shall include all of the following:
18        (1) A term not to exceed 10 years, including any
19    renewals.
20        (2) A provision specifying that the Department:
21            (A) shall exercise actual control over all
22        significant business decisions;
23            (A-5) has the authority to direct or countermand
24        operating decisions by the private manager at any
25        time;
26            (B) has ready access at any time to information

 

 

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1        regarding Lottery operations;
2            (C) has the right to demand and receive
3        information from the private manager concerning any
4        aspect of the Lottery operations at any time; and
5            (D) retains ownership of all trade names,
6        trademarks, and intellectual property associated with
7        the Lottery.
8        (3) A provision imposing an affirmative duty on the
9    private manager to provide the Department with material
10    information and with any information the private manager
11    reasonably believes the Department would want to know to
12    enable the Department to conduct the Lottery.
13        (4) A provision requiring the private manager to
14    provide the Department with advance notice of any
15    operating decision that bears significantly on the public
16    interest, including, but not limited to, decisions on the
17    kinds of games to be offered to the public and decisions
18    affecting the relative risk and reward of the games being
19    offered, so the Department has a reasonable opportunity to
20    evaluate and countermand that decision.
21        (5) A provision providing for compensation of the
22    private manager that may consist of, among other things, a
23    fee for services and a performance based bonus as
24    consideration for managing the Lottery, including terms
25    that may provide the private manager with an increase in
26    compensation if Lottery revenues grow by a specified

 

 

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1    percentage in a given year.
2        (6) (Blank).
3        (7) A provision requiring the deposit of all Lottery
4    proceeds to be deposited into the State Lottery Fund
5    except as otherwise provided in Section 20 of this Act.
6        (8) A provision requiring the private manager to
7    locate its principal office within the State.
8        (8-5) A provision encouraging that at least 20% of the
9    cost of contracts entered into for goods and services by
10    the private manager in connection with its management of
11    the Lottery, other than contracts with sales agents or
12    technical advisors, be awarded to businesses that are a
13    minority-owned business, a women-owned business, or a
14    business owned by a person with disability, as those terms
15    are defined in the Business Enterprise for Minorities,
16    Women, and Persons with Disabilities Act.
17        (9) A requirement that so long as the private manager
18    complies with all the conditions of the agreement under
19    the oversight of the Department, the private manager shall
20    have the following duties and obligations with respect to
21    the management of the Lottery:
22            (A) The right to use equipment and other assets
23        used in the operation of the Lottery.
24            (B) The rights and obligations under contracts
25        with retailers and vendors.
26            (C) The implementation of a comprehensive security

 

 

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1        program by the private manager.
2            (D) The implementation of a comprehensive system
3        of internal audits.
4            (E) The implementation of a program by the private
5        manager to curb compulsive gambling by persons playing
6        the Lottery.
7            (F) A system for determining (i) the type of
8        Lottery games, (ii) the method of selecting winning
9        tickets, (iii) the manner of payment of prizes to
10        holders of winning tickets, (iv) the frequency of
11        drawings of winning tickets, (v) the method to be used
12        in selling tickets, (vi) a system for verifying the
13        validity of tickets claimed to be winning tickets,
14        (vii) the basis upon which retailer commissions are
15        established by the manager, and (viii) minimum
16        payouts.
17        (10) A requirement that advertising and promotion must
18    be consistent with Section 7.8a of this Act.
19        (11) A requirement that the private manager market the
20    Lottery to those residents who are new, infrequent, or
21    lapsed players of the Lottery, especially those who are
22    most likely to make regular purchases on the Internet as
23    permitted by law.
24        (12) A code of ethics for the private manager's
25    officers and employees.
26        (13) A requirement that the Department monitor and

 

 

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1    oversee the private manager's practices and take action
2    that the Department considers appropriate to ensure that
3    the private manager is in compliance with the terms of the
4    management agreement, while allowing the manager, unless
5    specifically prohibited by law or the management
6    agreement, to negotiate and sign its own contracts with
7    vendors.
8        (14) A provision requiring the private manager to
9    periodically file, at least on an annual basis,
10    appropriate financial statements in a form and manner
11    acceptable to the Department.
12        (15) Cash reserves requirements.
13        (16) Procedural requirements for obtaining the prior
14    approval of the Department when a management agreement or
15    an interest in a management agreement is sold, assigned,
16    transferred, or pledged as collateral to secure financing.
17        (17) Grounds for the termination of the management
18    agreement by the Department or the private manager.
19        (18) Procedures for amendment of the agreement.
20        (19) A provision requiring the private manager to
21    engage in an open and competitive bidding process for any
22    procurement having a cost in excess of $50,000 that is not
23    a part of the private manager's final offer. The process
24    shall favor the selection of a vendor deemed to have
25    submitted a proposal that provides the Lottery with the
26    best overall value. The process shall not be subject to

 

 

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1    the provisions of the Illinois Procurement Code, unless
2    specifically required by the management agreement.
3        (20) The transition of rights and obligations,
4    including any associated equipment or other assets used in
5    the operation of the Lottery, from the manager to any
6    successor manager of the lottery, including the
7    Department, following the termination of or foreclosure
8    upon the management agreement.
9        (21) Right of use of copyrights, trademarks, and
10    service marks held by the Department in the name of the
11    State. The agreement must provide that any use of them by
12    the manager shall only be for the purpose of fulfilling
13    its obligations under the management agreement during the
14    term of the agreement.
15        (22) The disclosure of any information requested by
16    the Department to enable it to comply with the reporting
17    requirements and information requests provided for under
18    subsection (p) of this Section.
19    (e) Notwithstanding any other law to the contrary, the
20Department shall select a private manager through a
21competitive request for qualifications process consistent with
22Section 20-35 of the Illinois Procurement Code, which shall
23take into account:
24        (1) the offeror's ability to market the Lottery to
25    those residents who are new, infrequent, or lapsed players
26    of the Lottery, especially those who are most likely to

 

 

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1    make regular purchases on the Internet;
2        (2) the offeror's ability to address the State's
3    concern with the social effects of gambling on those who
4    can least afford to do so;
5        (3) the offeror's ability to provide the most
6    successful management of the Lottery for the benefit of
7    the people of the State based on current and past business
8    practices or plans of the offeror; and
9        (4) the offeror's poor or inadequate past performance
10    in servicing, equipping, operating or managing a lottery
11    on behalf of Illinois, another State or foreign government
12    and attracting persons who are not currently regular
13    players of a lottery.
14    (f) The Department may retain the services of an advisor
15or advisors with significant experience in financial services
16or the management, operation, and procurement of goods,
17services, and equipment for a government-run lottery to assist
18in the preparation of the terms of the request for
19qualifications and selection of the private manager. Any
20prospective advisor seeking to provide services under this
21subsection (f) shall disclose any material business or
22financial relationship during the past 3 years with any
23potential offeror, or with a contractor or subcontractor
24presently providing goods, services, or equipment to the
25Department to support the Lottery. The Department shall
26evaluate the material business or financial relationship of

 

 

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1each prospective advisor. The Department shall not select any
2prospective advisor with a substantial business or financial
3relationship that the Department deems to impair the
4objectivity of the services to be provided by the prospective
5advisor. During the course of the advisor's engagement by the
6Department, and for a period of one year thereafter, the
7advisor shall not enter into any business or financial
8relationship with any offeror or any vendor identified to
9assist an offeror in performing its obligations under the
10management agreement. Any advisor retained by the Department
11shall be disqualified from being an offeror. The Department
12shall not include terms in the request for qualifications that
13provide a material advantage whether directly or indirectly to
14any potential offeror, or any contractor or subcontractor
15presently providing goods, services, or equipment to the
16Department to support the Lottery, including terms contained
17in previous responses to requests for proposals or
18qualifications submitted to Illinois, another State or foreign
19government when those terms are uniquely associated with a
20particular potential offeror, contractor, or subcontractor.
21The request for proposals offered by the Department on
22December 22, 2008 as "LOT08GAMESYS" and reference number
23"22016176" is declared void.
24    (g) The Department shall select at least 2 offerors as
25finalists to potentially serve as the private manager no later
26than August 9, 2010. Upon making preliminary selections, the

 

 

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1Department shall schedule a public hearing on the finalists'
2proposals and provide public notice of the hearing at least 7
3calendar days before the hearing. The notice must include all
4of the following:
5        (1) The date, time, and place of the hearing.
6        (2) The subject matter of the hearing.
7        (3) A brief description of the management agreement to
8    be awarded.
9        (4) The identity of the offerors that have been
10    selected as finalists to serve as the private manager.
11        (5) The address and telephone number of the
12    Department.
13    (h) At the public hearing, the Department shall (i)
14provide sufficient time for each finalist to present and
15explain its proposal to the Department and the Governor or the
16Governor's designee, including an opportunity to respond to
17questions posed by the Department, Governor, or designee and
18(ii) allow the public and non-selected offerors to comment on
19the presentations. The Governor or a designee shall attend the
20public hearing. After the public hearing, the Department shall
21have 14 calendar days to recommend to the Governor whether a
22management agreement should be entered into with a particular
23finalist. After reviewing the Department's recommendation, the
24Governor may accept or reject the Department's recommendation,
25and shall select a final offeror as the private manager by
26publication of a notice in the Illinois Procurement Bulletin

 

 

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1on or before September 15, 2010. The Governor shall include in
2the notice a detailed explanation and the reasons why the
3final offeror is superior to other offerors and will provide
4management services in a manner that best achieves the
5objectives of this Section. The Governor shall also sign the
6management agreement with the private manager.
7    (i) Any action to contest the private manager selected by
8the Governor under this Section must be brought within 7
9calendar days after the publication of the notice of the
10designation of the private manager as provided in subsection
11(h) of this Section.
12    (j) The Lottery shall remain, for so long as a private
13manager manages the Lottery in accordance with provisions of
14this Act, a Lottery conducted by the State, and the State shall
15not be authorized to sell or transfer the Lottery to a third
16party.
17    (k) Any tangible personal property used exclusively in
18connection with the lottery that is owned by the Department
19and leased to the private manager shall be owned by the
20Department in the name of the State and shall be considered to
21be public property devoted to an essential public and
22governmental function.
23    (l) The Department may exercise any of its powers under
24this Section or any other law as necessary or desirable for the
25execution of the Department's powers under this Section.
26    (m) Neither this Section nor any management agreement

 

 

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1entered into under this Section prohibits the General Assembly
2from authorizing forms of gambling that are not in direct
3competition with the Lottery. The forms of gambling authorized
4by Public Act 101-31 constitute authorized forms of gambling
5that are not in direct competition with the Lottery.
6    (n) The private manager shall be subject to a complete
7investigation in the third, seventh, and tenth years of the
8agreement (if the agreement is for a 10-year term) by the
9Department in cooperation with the Auditor General to
10determine whether the private manager has complied with this
11Section and the management agreement. The private manager
12shall bear the cost of an investigation or reinvestigation of
13the private manager under this subsection.
14    (o) The powers conferred by this Section are in addition
15and supplemental to the powers conferred by any other law. If
16any other law or rule is inconsistent with this Section,
17including, but not limited to, provisions of the Illinois
18Procurement Code, then this Section controls as to any
19management agreement entered into under this Section. This
20Section and any rules adopted under this Section contain full
21and complete authority for a management agreement between the
22Department and a private manager. No law, procedure,
23proceeding, publication, notice, consent, approval, order, or
24act by the Department or any other officer, Department,
25agency, or instrumentality of the State or any political
26subdivision is required for the Department to enter into a

 

 

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1management agreement under this Section. This Section contains
2full and complete authority for the Department to approve any
3contracts entered into by a private manager with a vendor
4providing goods, services, or both goods and services to the
5private manager under the terms of the management agreement,
6including subcontractors of such vendors.
7    Upon receipt of a written request from the Chief
8Procurement Officer, the Department shall provide to the Chief
9Procurement Officer a complete and un-redacted copy of the
10management agreement or any contract that is subject to the
11Department's approval authority under this subsection (o). The
12Department shall provide a copy of the agreement or contract
13to the Chief Procurement Officer in the time specified by the
14Chief Procurement Officer in his or her written request, but
15no later than 5 business days after the request is received by
16the Department. The Chief Procurement Officer must retain any
17portions of the management agreement or of any contract
18designated by the Department as confidential, proprietary, or
19trade secret information in complete confidence pursuant to
20subsection (g) of Section 7 of the Freedom of Information Act.
21The Department shall also provide the Chief Procurement
22Officer with reasonable advance written notice of any contract
23that is pending Department approval.
24    Notwithstanding any other provision of this Section to the
25contrary, the Chief Procurement Officer shall adopt
26administrative rules, including emergency rules, to establish

 

 

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1a procurement process to select a successor private manager if
2a private management agreement has been terminated. The
3selection process shall at a minimum take into account the
4criteria set forth in items (1) through (4) of subsection (e)
5of this Section and may include provisions consistent with
6subsections (f), (g), (h), and (i) of this Section. The Chief
7Procurement Officer shall also implement and administer the
8adopted selection process upon the termination of a private
9management agreement. The Department, after the Chief
10Procurement Officer certifies that the procurement process has
11been followed in accordance with the rules adopted under this
12subsection (o), shall select a final offeror as the private
13manager and sign the management agreement with the private
14manager.
15    Through June 30, 2022, except Except as provided in
16Sections 21.5, 21.6, 21.7, 21.8, 21.9, 21.10, 21.11, 21.12,
17and 21.13 of this Act and Section 25-70 of the Sports Wagering
18Act, the Department shall distribute all proceeds of lottery
19tickets and shares sold in the following priority and manner:
20        (1) The payment of prizes and retailer bonuses.
21        (2) The payment of costs incurred in the operation and
22    administration of the Lottery, including the payment of
23    sums due to the private manager under the management
24    agreement with the Department.
25        (3) On the last day of each month or as soon thereafter
26    as possible, the State Comptroller shall direct and the

 

 

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1    State Treasurer shall transfer from the State Lottery Fund
2    to the Common School Fund an amount that is equal to the
3    proceeds transferred in the corresponding month of fiscal
4    year 2009, as adjusted for inflation, to the Common School
5    Fund.
6        (4) On or before September 30 of each fiscal year,
7    deposit any estimated remaining proceeds from the prior
8    fiscal year, subject to payments under items (1), (2), and
9    (3), into the Capital Projects Fund. Beginning in fiscal
10    year 2019, the amount deposited shall be increased or
11    decreased each year by the amount the estimated payment
12    differs from the amount determined from each year-end
13    financial audit. Only remaining net deficits from prior
14    fiscal years may reduce the requirement to deposit these
15    funds, as determined by the annual financial audit.
16    Beginning July 1, 2022, the Department shall distribute
17all proceeds of lottery tickets and shares sold in the manner
18and priority described in Section 9.3 of this Act.
19    (p) The Department shall be subject to the following
20reporting and information request requirements:
21        (1) the Department shall submit written quarterly
22    reports to the Governor and the General Assembly on the
23    activities and actions of the private manager selected
24    under this Section;
25        (2) upon request of the Chief Procurement Officer, the
26    Department shall promptly produce information related to

 

 

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1    the procurement activities of the Department and the
2    private manager requested by the Chief Procurement
3    Officer; the Chief Procurement Officer must retain
4    confidential, proprietary, or trade secret information
5    designated by the Department in complete confidence
6    pursuant to subsection (g) of Section 7 of the Freedom of
7    Information Act; and
8        (3) at least 30 days prior to the beginning of the
9    Department's fiscal year, the Department shall prepare an
10    annual written report on the activities of the private
11    manager selected under this Section and deliver that
12    report to the Governor and General Assembly.
13(Source: P.A. 101-31, eff. 6-28-19; 101-81, eff. 7-12-19;
14101-561, eff. 8-23-19; 102-558, eff. 8-20-21.)
 
15    (20 ILCS 1605/9.2 new)
16    Sec. 9.2. Reconciliation of Fiscal Year 2017 through
17Fiscal Year 2022 annual net lottery proceeds.
18    (a) The Office of the Auditor General concluded in the
19Department's annual fiscal year audits for Fiscal Year 2017,
20Fiscal Year 2018, Fiscal Year 2019, Fiscal Year 2020, and
21Fiscal Year 2021 that annual net lottery proceeds from the
22State Lottery Fund to the Common School Fund exceeded the
23annual net lottery proceeds available to transfer as described
24in subsection (o) of Section 9.1. The excess transfers to the
25Common School Fund during those fiscal years resulted in

 

 

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1transfers of annual net lottery proceeds to the Capital
2Projects Fund as required by paragraph (4) of subsection (o)
3of Section 9.1 not being sent. The Department had no statutory
4authority to offset future transfers as described in paragraph
5(4) of subsection (a) of Section 9.3 during Fiscal Year 2017,
6Fiscal Year 2018, Fiscal Year 2019, Fiscal Year 2020, or
7Fiscal Year 2021 to reconcile the discrepancies.
8    (b) The Department is hereby authorized to reconcile the
9discrepancies occurring in Fiscal Year 2017, Fiscal Year 2018,
10Fiscal Year 2019, Fiscal Year 2020, and Fiscal Year 2021 as
11reported by the Office of the Auditor General. The Department
12shall accomplish this reconciliation by offsetting its monthly
13transfers to the Common School Fund to recover the resulting
14cash deficit in the State Lottery Fund and separately
15transferring the deficient amounts owed to the Capital
16Projects Fund. All offsets and transfers shall be done in
17accordance with Generally Accepted Accounting Principles for
18government entities. The Department shall determine, in
19coordination with the Governor's Office of Management and
20Budget, an appropriate schedule for the offsets and transfers.
21All offsets and transfers shall be completed no later than
22June 30, 2023.
23    (c) The Department is also authorized to reconcile any
24discrepancies that may occur in Fiscal Year 2022, if the
25annual net lottery proceeds transferred from the State Lottery
26Fund to the Common School Fund exceed the annual net lottery

 

 

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1proceeds available to transfer. The Department shall determine
2whether there were any excess transfers by June 30, 2023. The
3Department shall reconcile any discrepancies by offsetting its
4monthly transfers to the Common School Fund to recover the
5resulting cash deficit in the State Lottery Fund and
6separately transferring the deficient amounts owed to the
7Capital Projects Fund. All offsets and transfers shall be done
8in accordance with Generally Accepted Accounting principles.
9All offsets and transfers for Fiscal Year 2022 discrepancies
10shall be completed no later than June 30, 2024.
11    (d) This Section is repealed on January 1, 2025.
 
12    (20 ILCS 1605/9.3 new)
13    Sec. 9.3. Expenditure and distribution of lottery
14proceeds.
15    (a) Beginning July 1, 2022, except as provided in Sections
1621.5, 21.6, 21.7, 21.8, 21.9, 21.10, 21.11, 21.12, and 21.13
17of this Act and Section 25-70 of the Sports Wagering Act, the
18Department shall distribute all proceeds of lottery tickets
19and shares sold in the following priority and manner:
20        (1) The payment of prizes and retailer bonuses.
21        (2) The payment of costs incurred in the operation and
22    administration of the Lottery, including the payment of
23    sums due to the private manager under the management
24    agreement with the Department and including costs of
25    administering the Lottery sports wagering program pursuant

 

 

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1    to Section 25-70 of the Sports Wagering Act.
2        (3) On the last day of each month or as soon thereafter
3    as possible, the State Comptroller shall direct and the
4    State Treasurer shall transfer from the State Lottery Fund
5    to the Common School Fund the Department's estimate of net
6    lottery proceeds.
7        (4) If an amount in excess of the annual net lottery
8    proceeds is transferred for a fiscal year, then the
9    Department shall offset the monthly transfers of estimated
10    net lottery proceeds during the following fiscal year by
11    that excess amount. If an amount less than the annual net
12    lottery proceeds is transferred for a fiscal year, then
13    after the related annual fiscal year audit is completed
14    following such fiscal year, the Department shall direct
15    the deposit of any remaining annual net lottery proceeds
16    from such fiscal year, subject to payments under
17    paragraphs (1) and (2), into the Common School Fund as
18    soon thereafter as possible.
19    (b) The net lottery proceeds shall be determined by
20deducting from total annual lottery proceeds the expenditures
21required by paragraphs (1) and (2) of subsection (a). The
22total annual lottery proceeds and annual net lottery proceeds
23shall be determined according to generally accepted accounting
24principles for governmental entities and verified by an annual
25fiscal year audit.
 

 

 

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1    Section 5-27. The Department of Public Health Powers and
2Duties Law of the Civil Administrative Code of Illinois is
3amended by adding Section 2310-50.10 as follows:
 
4    (20 ILCS 2310/2310-50.10 new)
5    Sec. 2310-50.10. Coordination with outside entities for
6grants management. To utilize the services of, and enter into
7necessary agreements with, outside entities for the purpose of
8evaluating grant applications and administration of or
9monitoring compliance with grant agreements. Contracts
10pursuant to this subsection shall not exceed 2 years in
11length.
 
12    Section 5-30. The Illinois Council on Developmental
13Disabilities Law is amended by changing Section 2003 as
14follows:
 
15    (20 ILCS 4010/2003)  (from Ch. 91 1/2, par. 1953)
16    Sec. 2003. Council. The Illinois Council on Developmental
17Disabilities is hereby created as an executive agency of State
18government. The Council shall be composed of 29 members,
19governed by a chairperson, and headed by a director. The
20functions of the council shall be as prescribed in Chapter 75
21of Title 42 of the United States Code (42 U.S.C. 6000, et
22seq.), as now or hereafter amended, and in Section 2006 of this
23Article.

 

 

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1    The Council shall receive and disburse funds authorized
2under Chapter 75 of Title 42 of the United States Code (42
3U.S.C. 6000, et seq.), as now or hereafter amended. The
4Council may also receive funds from any source, public or
5private, to be used for the purposes authorized by this Act or
6otherwise authorized by law.
7(Source: P.A. 91-798, eff. 7-9-00.)
 
8    Section 5-33. The General Assembly Compensation Act is
9amended by changing Section 4 as follows:
 
10    (25 ILCS 115/4)  (from Ch. 63, par. 15.1)
11    Sec. 4. Office allowance. Beginning July 1, 2001 and
12through July 1, 2020, each member of the House of
13Representatives is authorized to approve the expenditure of
14not more than $61,000 per year and each member of the Senate is
15authorized to approve the expenditure of not more than $73,000
16per year to pay for "personal services", "contractual
17services", "commodities", "printing", "travel", "operation of
18automotive equipment", "telecommunications services", as
19defined in the State Finance Act, and the compensation of one
20or more legislative assistants authorized pursuant to this
21Section, in connection with his or her legislative duties and
22not in connection with any political campaign. On July 1, 2002
23and on July 1 of each year thereafter, the amount authorized
24per year under this Section for each member of the Senate and

 

 

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

 

 

10200HB4700sam001- 79 -LRB102 24222 JDS 39045 a

1per year under this Section for each member of the Senate and
2each member of the House of Representatives shall be increased
3by a percentage increase equivalent to the lesser of (i) the
4increase in the designated cost of living index or (ii) 5%. The
5designated cost of living index is the index known as the
6"Employment Cost Index, Wages and Salaries, By Occupation and
7Industry Groups: State and Local Government Workers: Public
8Administration" as published by the Bureau of Labor Statistics
9of the U.S. Department of Labor for the calendar year
10immediately preceding the year of the respective July 1st
11increase date. The increase shall be added to the then current
12amount, and the adjusted amount so determined shall be the
13annual amount beginning July 1 of the increase year until July
141 of the next year. No increase under this provision shall be
15less than zero.
16    A member may purchase office equipment if the member
17certifies to the Secretary of the Senate or the Clerk of the
18House, as applicable, that the purchase price, whether paid in
19lump sum or installments, amounts to less than would be
20charged for renting or leasing the equipment over its
21anticipated useful life. All such equipment must be purchased
22through the Secretary of the Senate or the Clerk of the House,
23as applicable, for proper identification and verification of
24purchase.
25    Each member of the General Assembly is authorized to
26employ one or more legislative assistants, who shall be solely

 

 

10200HB4700sam001- 80 -LRB102 24222 JDS 39045 a

1under the direction and control of that member, for the
2purpose of assisting the member in the performance of his or
3her official duties. A legislative assistant may be employed
4pursuant to this Section as a full-time employee, part-time
5employee, or contractual employee, at the discretion of the
6member. If employed as a State employee, a legislative
7assistant shall receive employment benefits on the same terms
8and conditions that apply to other employees of the General
9Assembly. Each member shall adopt and implement personnel
10policies for legislative assistants under his or her direction
11and control relating to work time requirements, documentation
12for reimbursement for travel on official State business,
13compensation, and the earning and accrual of State benefits
14for those legislative assistants who may be eligible to
15receive those benefits. The policies shall also require
16legislative assistants to periodically submit time sheets
17documenting, in quarter-hour increments, the time spent each
18day on official State business. The policies shall require the
19time sheets to be submitted on paper, electronically, or both
20and to be maintained in either paper or electronic format by
21the applicable fiscal office for a period of at least 2 years.
22Contractual employees may satisfy the time sheets requirement
23by complying with the terms of their contract, which shall
24provide for a means of compliance with this requirement. A
25member may satisfy the requirements of this paragraph by
26adopting and implementing the personnel policies promulgated

 

 

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1by that member's legislative leader under the State Officials
2and Employees Ethics Act with respect to that member's
3legislative assistants.
4    As used in this Section the term "personal services" shall
5include contributions of the State under the Federal Insurance
6Contribution Act and under Article 14 of the Illinois Pension
7Code. As used in this Section the term "contractual services"
8shall not include improvements to real property unless those
9improvements are the obligation of the lessee under the lease
10agreement. Beginning July 1, 1989, as used in the Section, the
11term "travel" shall be limited to travel in connection with a
12member's legislative duties and not in connection with any
13political campaign. Beginning on the effective date of this
14amendatory Act of the 93rd General Assembly, as used in this
15Section, the term "printing" includes, but is not limited to,
16newsletters, brochures, certificates, congratulatory
17mailings, greeting or welcome messages, anniversary or
18birthday cards, and congratulations for prominent achievement
19cards. As used in this Section, the term "printing" includes
20fees for non-substantive resolutions charged by the Clerk of
21the House of Representatives under subsection (c-5) of Section
221 of the Legislative Materials Act. No newsletter or brochure
23that is paid for, in whole or in part, with funds provided
24under this Section may be printed or mailed during a period
25beginning February 1 of the year of a general primary
26election, except that in 2022 the period shall begin on May 15,

 

 

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12022, and ending the day after the general primary election
2and during a period beginning September 1 of the year of a
3general election and ending the day after the general
4election, except that such a newsletter or brochure may be
5mailed during those times if it is mailed to a constituent in
6response to that constituent's inquiry concerning the needs of
7that constituent or questions raised by that constituent. The
8printing or mailing of any newsletter or brochure paid for, in
9whole or in part, with funds under this Section between
10February 1, 2022 and the effective date of this amendatory Act
11of the 102nd General Assembly shall not be considered a
12violation of this Section. Nothing in this Section shall be
13construed to authorize expenditures for lodging and meals
14while a member is in attendance at sessions of the General
15Assembly.
16    Any utility bill for service provided to a member's
17district office for a period including portions of 2
18consecutive fiscal years may be paid from funds appropriated
19for such expenditure in either fiscal year.
20    If a vacancy occurs in the office of Senator or
21Representative in the General Assembly, any office equipment
22in the possession of the vacating member shall transfer to the
23member's successor; if the successor does not want such
24equipment, it shall be transferred to the Secretary of the
25Senate or Clerk of the House of Representatives, as the case
26may be, and if not wanted by other members of the General

 

 

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1Assembly then to the Department of Central Management Services
2for treatment as surplus property under the State Property
3Control Act. Each member, on or before June 30th of each year,
4shall conduct an inventory of all equipment purchased pursuant
5to this Act. Such inventory shall be filed with the Secretary
6of the Senate or the Clerk of the House, as the case may be.
7Whenever a vacancy occurs, the Secretary of the Senate or the
8Clerk of the House, as the case may be, shall conduct an
9inventory of equipment purchased.
10    In the event that a member leaves office during his or her
11term, any unexpended or unobligated portion of the allowance
12granted under this Section shall lapse. The vacating member's
13successor shall be granted an allowance in an amount, rounded
14to the nearest dollar, computed by dividing the annual
15allowance by 365 and multiplying the quotient by the number of
16days remaining in the fiscal year.
17    From any appropriation for the purposes of this Section
18for a fiscal year which overlaps 2 General Assemblies, no more
19than 1/2 of the annual allowance per member may be spent or
20encumbered by any member of either the outgoing or incoming
21General Assembly, except that any member of the incoming
22General Assembly who was a member of the outgoing General
23Assembly may encumber or spend any portion of his annual
24allowance within the fiscal year.
25    The appropriation for the annual allowances permitted by
26this Section shall be included in an appropriation to the

 

 

10200HB4700sam001- 84 -LRB102 24222 JDS 39045 a

1President of the Senate and to the Speaker of the House of
2Representatives for their respective members. The President of
3the Senate and the Speaker of the House shall voucher for
4payment individual members' expenditures from their annual
5office allowances to the State Comptroller, subject to the
6authority of the Comptroller under Section 9 of the State
7Comptroller Act.
8    Nothing in this Section prohibits the expenditure of
9personal funds or the funds of a political committee
10controlled by an officeholder to defray the customary and
11reasonable expenses of an officeholder in connection with the
12performance of governmental and public service functions.
13(Source: P.A. 102-16, eff. 6-17-21.)
 
14    Section 5-34. The Legislative Commission Reorganization
15Act of 1984 is amended by changing Sections 8A-15, 8A-20, and
168A-30 and by adding Section 8A-37 as follows:
 
17    (25 ILCS 130/8A-15)
18    Sec. 8A-15. Master plan.
19    (a) The term "legislative complex" means (i) the buildings
20and facilities located in Springfield, Illinois, and occupied
21in whole or in part by the General Assembly or any of its
22support service agencies, (ii) the grounds, walkways, and
23pedestrian or utility tunnels surrounding or connected to
24those buildings and facilities, and (iii) the off-street

 

 

10200HB4700sam001- 85 -LRB102 24222 JDS 39045 a

1parking areas serving those buildings and facilities,
2including parking lots D, DD, E, F, G, H, O, M, N, R, S, and
3the legislative parking garage located under parking lot O.
4    (b) The Architect of the Capitol shall prepare and
5implement a long-range master plan of development for the
6State Capitol Building, the remaining portions of the
7legislative complex, and the land and State buildings and
8facilities within the area bounded by Washington, Third, Cook,
9and Walnut Pasfield Streets and the land and State buildings
10and facilities within the area bounded by Madison, Klein,
11Mason, and Rutledge Streets that addresses the improvement,
12construction, historic preservation, restoration,
13maintenance, repair, and landscaping needs of these State
14buildings and facilities and the land. The Architect of the
15Capitol shall submit the master plan to the Capitol Historic
16Preservation Board for its review and comment. The Board must
17confine its review and comment to those portions of the master
18plan that relate to areas other than the State Capitol
19Building. The Architect may incorporate suggestions of the
20Board into the master plan. The master plan must be submitted
21to and approved by the Board of the Office of the Architect of
22the Capitol before its implementation.
23    The Architect of the Capitol may change the master plan
24and shall submit changes in the master plan that relate to
25areas other than the State Capitol Building to the Capitol
26Historic Preservation Board for its review and comment. All

 

 

10200HB4700sam001- 86 -LRB102 24222 JDS 39045 a

1changes in the master plan must be submitted to and approved by
2the Board of the Office of the Architect of the Capitol before
3implementation.
4    (c) The Architect of the Capitol must review the master
5plan every 5 years or at the direction of the Board of the
6Office of the Architect of the Capitol. Changes in the master
7plan resulting from this review must be made in accordance
8with the procedure provided in subsection (b).
9    (d) Notwithstanding any other law to the contrary, the
10Architect of the Capitol has the sole authority to contract
11for all materials and services necessary for the
12implementation of the master plan. The Architect (i) may
13comply with the procedures established by the Joint Committee
14on Legislative Support Services under Section 1-4 or (ii) upon
15approval of the Board of the Office of the Architect of the
16Capitol, may, but is not required to, comply with a portion or
17all of the Illinois Procurement Code when entering into
18contracts under this subsection. The Architect's compliance
19with the Illinois Procurement Code shall not be construed to
20subject the Architect or any other entity of the legislative
21branch to the Illinois Procurement Code with respect to any
22other contract.
23    The Architect may enter into agreements with other State
24agencies for the provision of materials or performance of
25services necessary for the implementation of the master plan.
26    State officers and agencies providing normal, day-to-day

 

 

10200HB4700sam001- 87 -LRB102 24222 JDS 39045 a

1repair, maintenance, or landscaping or providing security,
2commissary, utility, parking, banking, tour guide, event
3scheduling, or other operational services for buildings and
4facilities within the legislative complex immediately prior to
5the effective date of this amendatory Act of the 93rd General
6Assembly shall continue to provide that normal, day-to-day
7repair, maintenance, or landscaping or those services on the
8same basis, whether by contract or employees, that the repair,
9maintenance, landscaping, or services were provided
10immediately prior to the effective date of this amendatory Act
11of the 93rd General Assembly, subject to the provisions of the
12master plan and with the approval of or as otherwise directed
13by the Architect of the Capitol.
14    (e) The Architect of the Capitol shall monitor and approve
15all construction, preservation, restoration, maintenance,
16repair, and landscaping work in the legislative complex and
17implementation of the master plan, as well as activities that
18alter the historic integrity of the legislative complex and
19the other land and State buildings and facilities in the
20master plan.
21    (f) The Architect of the Capitol shall be given notice of
22any bid for or contract of services related to the legislative
23complex. Prior to final execution of any contract for
24services, the Architect of the Capitol shall be given an
25opportunity to review and approve the contract and give any
26necessary input. As used in this subsection, "services" means

 

 

10200HB4700sam001- 88 -LRB102 24222 JDS 39045 a

1any maintenance, removal of refuse, or delivery of utilities
2to the legislative complex.
3(Source: P.A. 98-692, eff. 7-1-14.)
 
4    (25 ILCS 130/8A-20)
5    Sec. 8A-20. Legislative complex space Space allocation.
6The Architect of the Capitol has the power and duty, subject to
7direction by the Board of the Office of the Architect of the
8Capitol, to make space allocations for the use of the General
9Assembly and its related agencies, except the Supreme Court
10Building and the Fourth District Appellate Court Building.
11This allocation of space includes, but is not limited to,
12office, conference, committee, and parking space.
13(Source: P.A. 93-632, eff. 2-1-04.)
 
14    (25 ILCS 130/8A-30)
15    Sec. 8A-30. Acquisition of land; contract review. The
16Architect of the Capitol, upon the approval of the Board of the
17Office of the Architect of the Capitol, may acquire land in
18Springfield, Illinois, within the area bounded by Washington,
19Third, Cook, and Walnut Pasfield Streets and the land and
20State buildings and facilities within the area bounded by
21Madison, Klein, Mason, and Rutledge Streets for the purpose of
22providing space for the operation and expansion of the
23legislative complex or other State facilities. The Architect
24of the Capitol must review and either approve or disapprove

 

 

10200HB4700sam001- 89 -LRB102 24222 JDS 39045 a

1all contracts for the repair, rehabilitation, construction, or
2alteration of all State buildings within the bounded area,
3except the Supreme Court Building and the Fourth District
4Appellate Court Building.
5(Source: P.A. 93-632, eff. 2-1-04.)
 
6    (25 ILCS 130/8A-37 new)
7    Sec. 8A-37. General Assembly Technology Fund;
8appropriations.
9    (a) The General Assembly Technology Fund is hereby
10established as a special fund in the State treasury. The Fund
11may accept deposits from the General Revenue Fund and any
12other source, whether private or public. Moneys in the fund
13may be used, subject to appropriation, by the President of the
14Senate, the Speaker of the House of Representatives, the
15Minority Leader of the Senate, and the Minority Leader of the
16House of Representatives for the purpose of meeting the
17technology-related needs of their respective offices and the
18General Assembly.
19    (b) On July 1, 2022, the State Comptroller shall order
20transferred and the State Treasurer shall transfer $3,000,000
21from the General Revenue Fund to the General Assembly
22Technology Fund.
 
23    Section 5-35. The State Finance Act is amended by changing
24Sections 5.857, 6z-21, 6z-27, 6z-30, 6z-32, 6z-51, 6z-70,

 

 

10200HB4700sam001- 90 -LRB102 24222 JDS 39045 a

16z-77, 6z-81, 6z-100, 6z-121, 8.3, 8.6, 8.12, 8g-1, 13.2,
224.2, and 25 and by adding Sections 5.970, 5.971, 5.972,
35.973, 5.974, 5.975, 5.976, 6z-130, 6z-131, 6z-132, and 6z-133
4as follows:
 
5    (30 ILCS 105/5.857)
6    (Section scheduled to be repealed on July 1, 2022)
7    Sec. 5.857. The Capital Development Board Revolving Fund.
8This Section is repealed July 1, 2023 2022.
9(Source: P.A. 101-10, eff. 6-5-19; 101-645, eff. 6-26-20;
10102-16, eff. 6-17-21.)
 
11    (30 ILCS 105/5.970 new)
12    Sec. 5.970. The Serve Illinois Commission Fund.
 
13    (30 ILCS 105/5.971 new)
14    Sec. 5.971. The Statewide 9-8-8 Trust Fund.
 
15    (30 ILCS 105/5.972 new)
16    Sec. 5.972. The Board of Higher Education State Contracts
17and Grants Fund.
 
18    (30 ILCS 105/5.973 new)
19    Sec. 5.973. The Agriculture Federal Projects Fund.
 
20    (30 ILCS 105/5.974 new)

 

 

10200HB4700sam001- 91 -LRB102 24222 JDS 39045 a

1    Sec. 5.974. The DNR Federal Projects Fund.
 
2    (30 ILCS 105/5.975 new)
3    Sec. 5.975. The Illinois Opioid Remediation State Trust
4Fund.
 
5    (30 ILCS 105/5.976 new)
6    Sec. 5.976. The General Assembly Technology Fund.
 
7    (30 ILCS 105/6z-21)  (from Ch. 127, par. 142z-21)
8    Sec. 6z-21. Education Assistance Fund; transfers to and
9from the Education Assistance Fund. All monies deposited into
10the Education Assistance Fund, a special fund in the State
11treasury which is hereby created, shall be appropriated to
12provide financial assistance for elementary and secondary
13education programs including, among others, distributions
14under Sections Section 18-19 and 29-5 of the The School Code,
15and for higher education programs, including, among others,
16the Monetary Award Program under Section 35 of the Higher
17Education Student Assistance Act. During fiscal years 2012 and
182013 only, the State Comptroller may order transferred and the
19State Treasurer may transfer from the General Revenue Fund to
20the Education Assistance Fund, or the State Comptroller may
21order transferred and the State Treasurer may transfer from
22the Education Assistance Fund to the General Revenue Fund,
23such amounts as may be required to honor the vouchers

 

 

10200HB4700sam001- 92 -LRB102 24222 JDS 39045 a

1presented by the State Universities Retirement System, by a
2public institution of higher education, as defined in Section
31 of the Board of Higher Education Act, or by the State Board
4of Education pursuant to Sections 18-3, 18-4.3, 18-5, 18-6,
5and 18-7 of the School Code.
6(Source: P.A. 97-732, eff. 6-30-12.)
 
7    (30 ILCS 105/6z-27)
8    Sec. 6z-27. All moneys in the Audit Expense Fund shall be
9transferred, appropriated and used only for the purposes
10authorized by, and subject to the limitations and conditions
11prescribed by, the State Auditing Act.
12    Within 30 days after July 1, 2022, or as soon thereafter as
13practical the effective date of this amendatory Act of the
14102nd General Assembly, the State Comptroller shall order
15transferred and the State Treasurer shall transfer from the
16following funds moneys in the specified amounts for deposit
17into the Audit Expense Fund:
18Attorney General Court Ordered and Voluntary Compliance
19    Payment Projects Fund.............................$38,974
20Attorney General Sex Offender Awareness,
21    Training, and Education Fund.........................$539
22Aggregate Operations Regulatory Fund.....................$711
23Agricultural Premium Fund.............................$25,265
24Attorney General's State Projects and Court
25    Ordered Distribution Fund.........................$43,667

 

 

10200HB4700sam001- 93 -LRB102 24222 JDS 39045 a

1Anna Veterans Home Fund...............................$15,792
2Appraisal Administration Fund..........................$4,017
3Attorney General Whistleblower Reward
4    and Protection Fund...............................$22,896
5Bank and Trust Company Fund...........................$78,017
6Cannabis Expungement Fund..............................$4,501
7Capital Development Board Revolving Fund...............$2,494
8Care Provider Fund for Persons with
9    a Developmental Disability.........................$5,707
10CDLIS/AAMVAnet/NMVTIS Trust Fund.......................$1,702
11Cemetery Oversight Licensing and Disciplinary Fund.....$5,002
12Chicago State University Education
13    Improvement Fund..................................$16,218
14Child Support Administrative Fund......................$2,657
15Clean Air Act Permit Fund.............................$10,108
16Coal Technology Development Assistance Fund...........$12,943
17Commitment to Human Services Fund....................$111,465
18Common School Fund...................................$445,997
19Community Mental Health Medicaid Trust Fund............$9,599
20Community Water Supply Laboratory Fund...................$637
21Credit Union Fund.....................................$16,048
22DCFS Children's Services Fund........................$287,247
23Department of Business Services
24    Special Operations Fund............................$4,402
25Department of Corrections Reimbursement
26    and Education Fund................................$60,429

 

 

10200HB4700sam001- 94 -LRB102 24222 JDS 39045 a

1Design Professionals Administration
2    and Investigation Fund.............................$3,362
3Department of Human Services Community Services Fund...$5,239
4Downstate Public Transportation Fund..................$30,625
5Driver Services Administration Fund......................$639
6Drivers Education Fund.................................$1,202
7Drug Rebate Fund......................................$22,702
8Drug Treatment Fund......................................$571
9Drycleaner Environmental Response Trust Fund.............$846
10Education Assistance Fund..........................$1,969,661
11Environmental Protection Permit and
12    Inspection Fund....................................$7,079
13Facilities Management Revolving Fund..................$16,163
14Federal High Speed Rail Trust Fund.....................$1,264
15Federal Workforce Training Fund.......................$91,791
16Feed Control Fund......................................$1,701
17Fertilizer Control Fund................................$1,791
18Fire Prevention Fund...................................$3,507
19Firearm Dealer License Certification Fund................$648
20Fund for the Advancement of Education.................$44,609
21General Professions Dedicated Fund....................$31,353
22General Revenue Fund..............................$17,663,958
23Grade Crossing Protection Fund.........................$1,856
24Hazardous Waste Fund...................................$8,446
25Health and Human Services Medicaid Trust Fund..........$6,134
26Healthcare Provider Relief Fund......................$185,164

 

 

10200HB4700sam001- 95 -LRB102 24222 JDS 39045 a

1Horse Racing Fund....................................$169,632
2Hospital Provider Fund................................$63,346
3ICCB Federal Trust Fund...............................$10,805
4Illinois Affordable Housing Trust Fund.................$5,414
5Illinois Charity Bureau Fund...........................$3,298
6Illinois Clean Water Fund.............................$11,951
7Illinois Forestry Development Fund....................$11,004
8Illinois Gaming Law Enforcement Fund...................$1,869
9IMSA Income Fund.......................................$2,188
10Illinois Military Family Relief Fund...................$6,986
11Illinois Power Agency Operations Fund.................$41,229
12Illinois State Dental Disciplinary Fund................$6,127
13Illinois State Fair Fund.................................$660
14Illinois State Medical Disciplinary Fund..............$23,384
15Illinois State Pharmacy Disciplinary Fund.............$10,308
16Illinois Veterans Assistance Fund......................$2,016
17Illinois Veterans' Rehabilitation Fund...................$862
18Illinois Wildlife Preservation Fund....................$1,742
19Illinois Workers' Compensation Commission
20    Operations Fund....................................$4,476
21Income Tax Refund Fund...............................$239,691
22Insurance Financial Regulation Fund..................$104,462
23Insurance Premium Tax Refund Fund.....................$23,121
24Insurance Producer Administration Fund...............$104,566
25International Tourism Fund.............................$1,985
26LaSalle Veterans Home Fund............................$46,145

 

 

10200HB4700sam001- 96 -LRB102 24222 JDS 39045 a

1LEADS Maintenance Fund...................................$681
2Live and Learn Fund....................................$8,120
3Local Government Distributive Fund...................$154,289
4Long-Term Care Provider Fund...........................$6,468
5Manteno Veterans Home Fund............................$93,493
6Mental Health Fund....................................$12,227
7Mental Health Reporting Fund.............................$611
8Monitoring Device Driving Permit
9    Administration Fee Fund..............................$617
10Motor Carrier Safety Inspection Fund...................$1,823
11Motor Fuel Tax Fund..................................$103,497
12Motor Vehicle License Plate Fund.......................$5,656
13Motor Vehicle Theft Prevention and Insurance
14    Verification Trust Fund............................$2,618
15Nursing Dedicated and Professional Fund...............$11,973
16Off-Highway Vehicle Trails Fund........................$1,994
17Open Space Lands Acquisition and Development Fund.....$45,493
18Optometric Licensing and Disciplinary Board Fund.......$1,169
19Partners For Conservation Fund........................$19,950
20Pawnbroker Regulation Fund.............................$1,053
21Personal Property Tax Replacement Fund...............$203,036
22Pesticide Control Fund.................................$6,845
23Professional Services Fund.............................$2,778
24Professions Indirect Cost Fund.......................$172,106
25Public Pension Regulation Fund.........................$6,919
26Public Transportation Fund............................$77,303

 

 

10200HB4700sam001- 97 -LRB102 24222 JDS 39045 a

1Quincy Veterans Home Fund.............................$91,704
2Real Estate License Administration Fund...............$33,329
3Registered Certified Public Accountants'
4    Administration and Disciplinary Fund...............$3,617
5Renewable Energy Resources Trust Fund..................$1,591
6Rental Housing Support Program Fund....................$1,539
7Residential Finance Regulatory Fund...................$20,510
8Road Fund............................................$399,062
9Regional Transportation Authority Occupation and
10    Use Tax Replacement Fund...........................$5,205
11Salmon Fund..............................................$655
12School Infrastructure Fund............................$14,015
13Secretary of State DUI Administration Fund.............$1,025
14Secretary of State Identification Security
15    and Theft Prevention Fund..........................$4,502
16Secretary of State Special License Plate Fund..........$1,384
17Secretary of State Special Services Fund...............$8,114
18Securities Audit and Enforcement Fund..................$2,824
19State Small Business Credit Initiative Fund............$4,331
20Solid Waste Management Fund...........................$10,397
21Special Education Medicaid Matching Fund...............$2,924
22Sports Wagering Fund...................................$8,572
23State Police Law Enforcement Administration Fund.......$6,822
24State and Local Sales Tax Reform Fund.................$10,355
25State Asset Forfeiture Fund............................$1,740
26State Aviation Program Fund..............................$557

 

 

10200HB4700sam001- 98 -LRB102 24222 JDS 39045 a

1State Construction Account Fund......................$195,722
2State Crime Laboratory Fund............................$7,743
3State Gaming Fund....................................$204,660
4State Garage Revolving Fund............................$3,731
5State Lottery Fund...................................$129,814
6State Offender DNA Identification System Fund..........$1,405
7State Pensions Fund..................................$500,000
8State Police Firearm Services Fund....................$16,122
9State Police Services Fund............................$21,151
10State Police Vehicle Fund..............................$3,013
11State Police Whistleblower Reward
12    and Protection Fund................................$2,452
13Subtitle D Management Fund.............................$1,431
14Supplemental Low-Income Energy Assistance Fund........$68,591
15Tax Compliance and Administration Fund.................$5,259
16Technology Management Revolving Fund.................$244,294
17Tobacco Settlement Recovery Fund.......................$4,653
18Tourism Promotion Fund................................$35,322
19Traffic and Criminal Conviction Surcharge Fund.......$136,332
20Underground Storage Tank Fund.........................$20,429
21University of Illinois Hospital Services Fund..........$3,664
22Vehicle Inspection Fund...............................$11,203
23Violent Crime Victims Assistance Fund.................$14,202
24Weights and Measures Fund..............................$6,127
25Working Capital Revolving Fund........................$18,120
26Agricultural Premium Fund.............................145,477

 

 

10200HB4700sam001- 99 -LRB102 24222 JDS 39045 a

1Amusement Ride and Patron Safety Fund..................10,067
2Assisted Living and Shared Housing Regulatory Fund......2,696
3Capital Development Board Revolving Fund................1,807
4Care Provider Fund for Persons with a Developmental
5    Disability.........................................15,438
6CDLIS/AAMVAnet/NMVTIS Trust Fund........................5,148
7Chicago State University Education Improvement Fund.....4,748
8Child Labor and Day and Temporary Labor Services
9    Enforcement Fund...................................18,662
10Child Support Administrative Fund.......................5,832
11Clean Air Act Permit Fund...............................1,410
12Common School Fund....................................259,307
13Community Mental Health Medicaid Trust Fund............23,472
14Death Certificate Surcharge Fund........................4,161
15Death Penalty Abolition Fund............................4,095
16Department of Business Services Special Operations Fund.12,790
17Department of Human Services Community Services Fund....8,744
18Downstate Public Transportation Fund...................12,100
19Dram Shop Fund........................................155,250
20Driver Services Administration Fund.....................1,920
21Drug Rebate Fund.......................................39,351
22Drug Treatment Fund.......................................896
23Education Assistance Fund...........................1,818,170
24Emergency Public Health Fund............................7,450
25Employee Classification Fund............................1,518
26EMS Assistance Fund.....................................1,286

 

 

10200HB4700sam001- 100 -LRB102 24222 JDS 39045 a

1Environmental Protection Permit and Inspection Fund.......671
2Estate Tax Refund Fund. 2,150
3Facilities Management Revolving Fund...................33,930
4Facility Licensing Fund.................................3,894
5Fair and Exposition Fund................................5,904
6Federal Financing Cost Reimbursement Fund...............1,579
7Federal High Speed Rail Trust Fund........................517
8Feed Control Fund.......................................9,601
9Fertilizer Control Fund.................................8,941
10Fire Prevention Fund....................................4,456
11Fund for the Advancement of Education..................17,988
12General Revenue Fund...............................17,653,153
13General Professions Dedicated Fund......................3,567
14Governor's Administrative Fund..........................4,052
15Governor's Grant Fund..................................16,687
16Grade Crossing Protection Fund............................629
17Grant Accountability and Transparency Fund................910
18Hazardous Waste Fund......................................849
19Hazardous Waste Research Fund.............................528
20Health and Human Services Medicaid Trust Fund..........10,635
21Health Facility Plan Review Fund........................3,190
22Healthcare Provider Relief Fund.......................360,142
23Healthy Smiles Fund.......................................745
24Home Care Services Agency Licensure Fund................2,824
25Hospital Licensure Fund.................................1,313
26Hospital Provider Fund................................128,466

 

 

10200HB4700sam001- 101 -LRB102 24222 JDS 39045 a

1ICJIA Violence Prevention Fund............................742
2Illinois Affordable Housing Trust Fund..................7,829
3Illinois Clean Water Fund...............................1,915
4IMSA Income Fund.......................................12,557
5Illinois Health Facilities Planning Fund................2,704
6Illinois Power Agency Operations Fund..................36,874
7Illinois School Asbestos Abatement Fund.................1,556
8Illinois State Fair Fund...............................41,374
9Illinois Veterans' Rehabilitation Fund..................1,008
10Illinois Workers' Compensation Commission Operations
11    Fund..............................................189,581
12Income Tax Refund Fund.................................53,295
13Lead Poisoning Screening, Prevention, and Abatement
14    Fund...............................................14,747
15Live and Learn Fund....................................23,420
16Lobbyist Registration Administration Fund...............1,178
17Local Government Distributive Fund.....................36,680
18Long Term Care Monitor/Receiver Fund...................40,812
19Long-Term Care Provider Fund...........................18,266
20Mandatory Arbitration Fund..............................1,618
21Medical Interagency Program Fund..........................890
22Mental Health Fund.....................................10,924
23Metabolic Screening and Treatment Fund.................35,159
24Monitoring Device Driving Permit Administration Fee Fund.2,355
25Motor Fuel Tax Fund....................................36,804
26Motor Vehicle License Plate Fund.......................13,274

 

 

10200HB4700sam001- 102 -LRB102 24222 JDS 39045 a

1Motor Vehicle Theft Prevention and Insurance Verification
2    Trust Fund..........................................8,773
3Multiple Sclerosis Research Fund..........................670
4Nuclear Safety Emergency Preparedness Fund.............17,663
5Nursing Dedicated and Professional Fund.................2,667
6Open Space Lands Acquisition and Development Fund.......1,463
7Partners for Conservation Fund.........................75,235
8Personal Property Tax Replacement Fund.................85,166
9Pesticide Control Fund.................................44,745
10Plumbing Licensure and Program Fund.....................5,297
11Professional Services Fund..............................6,549
12Public Health Laboratory Services Revolving Fund........9,044
13Public Transportation Fund.............................47,744
14Radiation Protection Fund...............................6,575
15Renewable Energy Resources Trust Fund...................8,169
16Road Fund.............................................284,307
17Regional Transportation Authority Occupation and Use Tax
18    Replacement Fund....................................1,278
19School Infrastructure Fund..............................8,938
20Secretary of State DUI Administration Fund..............2,044
21Secretary of State Identification Security and Theft
22    Prevention Fund....................................15,122
23Secretary of State Police Services Fund...................815
24Secretary of State Special License Plate Fund...........4,441
25Secretary of State Special Services Fund...............21,797
26Securities Audit and Enforcement Fund...................8,480

 

 

10200HB4700sam001- 103 -LRB102 24222 JDS 39045 a

1Solid Waste Management Fund.............................1,427
2Special Education Medicaid Matching Fund................5,854
3State and Local Sales Tax Reform Fund...................2,742
4State Construction Account Fund........................69,387
5State Gaming Fund......................................89,997
6State Garage Revolving Fund............................10,788
7State Lottery Fund....................................343,580
8State Pensions Fund...................................500,000
9State Treasurer's Bank Services Trust Fund................913
10Supreme Court Special Purposes Fund.....................1,704
11Tattoo and Body Piercing Establishment Registration Fund..724
12Tax Compliance and Administration Fund..................1,847
13Tobacco Settlement Recovery Fund.......................27,854
14Tourism Promotion Fund.................................42,180
15Trauma Center Fund......................................5,128
16Underground Storage Tank Fund...........................3,473
17University of Illinois Hospital Services Fund...........7,505
18Vehicle Inspection Fund.................................4,863
19Weights and Measures Fund..............................25,431
20Youth Alcoholism and Substance Abuse Prevention Fund.....857.
21    Notwithstanding any provision of the law to the contrary,
22the General Assembly hereby authorizes the use of such funds
23for the purposes set forth in this Section.
24    These provisions do not apply to funds classified by the
25Comptroller as federal trust funds or State trust funds. The
26Audit Expense Fund may receive transfers from those trust

 

 

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1funds only as directed herein, except where prohibited by the
2terms of the trust fund agreement. The Auditor General shall
3notify the trustees of those funds of the estimated cost of the
4audit to be incurred under the Illinois State Auditing Act for
5the fund. The trustees of those funds shall direct the State
6Comptroller and Treasurer to transfer the estimated amount to
7the Audit Expense Fund.
8    The Auditor General may bill entities that are not subject
9to the above transfer provisions, including private entities,
10related organizations and entities whose funds are
11locally-held, for the cost of audits, studies, and
12investigations incurred on their behalf. Any revenues received
13under this provision shall be deposited into the Audit Expense
14Fund.
15    In the event that moneys on deposit in any fund are
16unavailable, by reason of deficiency or any other reason
17preventing their lawful transfer, the State Comptroller shall
18order transferred and the State Treasurer shall transfer the
19amount deficient or otherwise unavailable from the General
20Revenue Fund for deposit into the Audit Expense Fund.
21    On or before December 1, 1992, and each December 1
22thereafter, the Auditor General shall notify the Governor's
23Office of Management and Budget (formerly Bureau of the
24Budget) of the amount estimated to be necessary to pay for
25audits, studies, and investigations in accordance with the
26Illinois State Auditing Act during the next succeeding fiscal

 

 

10200HB4700sam001- 105 -LRB102 24222 JDS 39045 a

1year for each State fund for which a transfer or reimbursement
2is anticipated.
3    Beginning with fiscal year 1994 and during each fiscal
4year thereafter, the Auditor General may direct the State
5Comptroller and Treasurer to transfer moneys from funds
6authorized by the General Assembly for that fund. In the event
7funds, including federal and State trust funds but excluding
8the General Revenue Fund, are transferred, during fiscal year
91994 and during each fiscal year thereafter, in excess of the
10amount to pay actual costs attributable to audits, studies,
11and investigations as permitted or required by the Illinois
12State Auditing Act or specific action of the General Assembly,
13the Auditor General shall, on September 30, or as soon
14thereafter as is practicable, direct the State Comptroller and
15Treasurer to transfer the excess amount back to the fund from
16which it was originally transferred.
17(Source: P.A. 101-10, eff. 6-5-19; 101-636, eff. 6-10-20;
18102-16, eff. 6-17-21.)
 
19    (30 ILCS 105/6z-30)
20    Sec. 6z-30. University of Illinois Hospital Services Fund.
21    (a) The University of Illinois Hospital Services Fund is
22created as a special fund in the State Treasury. The following
23moneys shall be deposited into the Fund:
24        (1) (Blank). As soon as possible after the beginning
25    of fiscal year 2010, and in no event later than July 30,

 

 

10200HB4700sam001- 106 -LRB102 24222 JDS 39045 a

1    the State Comptroller and the State Treasurer shall
2    automatically transfer $30,000,000 from the General
3    Revenue Fund to the University of Illinois Hospital
4    Services Fund.
5        (1.5) (Blank). Starting in fiscal year 2011, and
6    continuing through fiscal year 2017, as soon as possible
7    after the beginning of each fiscal year, and in no event
8    later than July 30, the State Comptroller and the State
9    Treasurer shall automatically transfer $45,000,000 from
10    the General Revenue Fund to the University of Illinois
11    Hospital Services Fund; except that, in fiscal year 2012
12    only, the State Comptroller and the State Treasurer shall
13    transfer $90,000,000 from the General Revenue Fund to the
14    University of Illinois Hospital Services Fund under this
15    paragraph, and, in fiscal year 2013 only, the State
16    Comptroller and the State Treasurer shall transfer no
17    amounts from the General Revenue Fund to the University of
18    Illinois Hospital Services Fund under this paragraph.
19        (1.7) (Blank). Starting in fiscal year 2018, at the
20    direction of and upon notification from the Director of
21    Healthcare and Family Services, the State Comptroller
22    shall direct and the State Treasurer shall transfer an
23    amount of at least $20,000,000 but not exceeding a total
24    of $45,000,000 from the General Revenue Fund to the
25    University of Illinois Hospital Services Fund in each
26    fiscal year.

 

 

10200HB4700sam001- 107 -LRB102 24222 JDS 39045 a

1        (1.8) Starting in fiscal year 2022, at the direction
2    of and upon notification from the Director of Healthcare
3    and Family Services, the State Comptroller shall direct
4    and the State Treasurer shall transfer an amount of at
5    least $20,000,000 but not exceeding a total of $55,000,000
6    from the General Revenue Fund to the University of
7    Illinois Hospital Services Fund in each fiscal year.
8        (2) All intergovernmental transfer payments to the
9    Department of Healthcare and Family Services by the
10    University of Illinois made pursuant to an
11    intergovernmental agreement under subsection (b) or (c) of
12    Section 5A-3 of the Illinois Public Aid Code.
13        (3) All federal matching funds received by the
14    Department of Healthcare and Family Services (formerly
15    Illinois Department of Public Aid) as a result of
16    expenditures made by the Department that are attributable
17    to moneys that were deposited in the Fund.
18        (4) All other moneys received for the Fund from any
19    other source, including interest earned thereon.
20    (b) Moneys in the fund may be used by the Department of
21Healthcare and Family Services, subject to appropriation and
22to an interagency agreement between that Department and the
23Board of Trustees of the University of Illinois, to reimburse
24the University of Illinois Hospital for hospital and pharmacy
25services, to reimburse practitioners who are employed by the
26University of Illinois, to reimburse other health care

 

 

10200HB4700sam001- 108 -LRB102 24222 JDS 39045 a

1facilities and health plans operated by the University of
2Illinois, and to pass through to the University of Illinois
3federal financial participation earned by the State as a
4result of expenditures made by the University of Illinois.
5    (c) (Blank).
6(Source: P.A. 100-23, eff. 7-6-17.)
 
7    (30 ILCS 105/6z-32)
8    Sec. 6z-32. Partners for Planning and Conservation.
9    (a) The Partners for Conservation Fund (formerly known as
10the Conservation 2000 Fund) and the Partners for Conservation
11Projects Fund (formerly known as the Conservation 2000
12Projects Fund) are created as special funds in the State
13Treasury. These funds shall be used to establish a
14comprehensive program to protect Illinois' natural resources
15through cooperative partnerships between State government and
16public and private landowners. Moneys in these Funds may be
17used, subject to appropriation, by the Department of Natural
18Resources, Environmental Protection Agency, and the Department
19of Agriculture for purposes relating to natural resource
20protection, planning, recreation, tourism, climate resilience,
21and compatible agricultural and economic development
22activities. Without limiting these general purposes, moneys in
23these Funds may be used, subject to appropriation, for the
24following specific purposes:
25        (1) To foster sustainable agriculture practices and

 

 

10200HB4700sam001- 109 -LRB102 24222 JDS 39045 a

1    control soil erosion, sedimentation, and nutrient loss
2    from farmland, including grants to Soil and Water
3    Conservation Districts for conservation practice
4    cost-share grants and for personnel, educational, and
5    administrative expenses.
6        (2) To establish and protect a system of ecosystems in
7    public and private ownership through conservation
8    easements, incentives to public and private landowners,
9    natural resource restoration and preservation, water
10    quality protection and improvement, land use and watershed
11    planning, technical assistance and grants, and land
12    acquisition provided these mechanisms are all voluntary on
13    the part of the landowner and do not involve the use of
14    eminent domain.
15        (3) To develop a systematic and long-term program to
16    effectively measure and monitor natural resources and
17    ecological conditions through investments in technology
18    and involvement of scientific experts.
19        (4) To initiate strategies to enhance, use, and
20    maintain Illinois' inland lakes through education,
21    technical assistance, research, and financial incentives.
22        (5) To partner with private landowners and with units
23    of State, federal, and local government and with
24    not-for-profit organizations in order to integrate State
25    and federal programs with Illinois' natural resource
26    protection and restoration efforts and to meet

 

 

10200HB4700sam001- 110 -LRB102 24222 JDS 39045 a

1    requirements to obtain federal and other funds for
2    conservation or protection of natural resources.
3        (6) To implement the State's Nutrient Loss Reduction
4    Strategy, including, but not limited to, funding the
5    resources needed to support the Strategy's Policy Working
6    Group, cover water quality monitoring in support of
7    Strategy implementation, prepare a biennial report on the
8    progress made on the Strategy every 2 years, and provide
9    cost share funding for nutrient capture projects.
10        (7) To provide capacity grants to support soil and
11    water conservation districts, including, but not limited
12    to, developing soil health plans, conducting soil health
13    assessments, peer-to-peer training, convening
14    producer-led dialogues, professional development and
15    travel stipends for meetings and educational events.
16    (b) The State Comptroller and State Treasurer shall
17automatically transfer on the last day of each month,
18beginning on September 30, 1995 and ending on June 30, 2023
192022, from the General Revenue Fund to the Partners for
20Conservation Fund, an amount equal to 1/10 of the amount set
21forth below in fiscal year 1996 and an amount equal to 1/12 of
22the amount set forth below in each of the other specified
23fiscal years:
24Fiscal Year Amount
251996$ 3,500,000
261997$ 9,000,000

 

 

10200HB4700sam001- 111 -LRB102 24222 JDS 39045 a

11998$10,000,000
21999$11,000,000
32000$12,500,000
42001 through 2004$14,000,000
52005 $7,000,000
62006 $11,000,000
72007 $0
82008 through 2011 $14,000,000
92012 $12,200,000
102013 through 2017 $14,000,000
112018 $1,500,000
122019 $14,000,000
132020 $7,500,000
142021 through 2023 2022 $14,000,000
15    (c) The State Comptroller and State Treasurer shall
16automatically transfer on the last day of each month beginning
17on July 31, 2021 and ending June 30, 2022, from the
18Environmental Protection Permit and Inspection Fund to the
19Partners for Conservation Fund, an amount equal to 1/12 of
20$4,135,000.
21    (c-1) The State Comptroller and State Treasurer shall
22automatically transfer on the last day of each month beginning
23on July 31, 2022 and ending June 30, 2023, from the
24Environmental Protection Permit and Inspection Fund to the
25Partners for Conservation Fund, an amount equal to 1/12 of
26$5,900,000.

 

 

10200HB4700sam001- 112 -LRB102 24222 JDS 39045 a

1    (d) There shall be deposited into the Partners for
2Conservation Projects Fund such bond proceeds and other moneys
3as may, from time to time, be provided by law.
4(Source: P.A. 101-10, eff. 6-5-19; 102-16, eff. 6-17-21.)
 
5    (30 ILCS 105/6z-51)
6    Sec. 6z-51. Budget Stabilization Fund.
7    (a) The Budget Stabilization Fund, a special fund in the
8State Treasury, shall consist of moneys appropriated or
9transferred to that Fund, as provided in Section 6z-43 and as
10otherwise provided by law. All earnings on Budget
11Stabilization Fund investments shall be deposited into that
12Fund.
13    (b) The State Comptroller may direct the State Treasurer
14to transfer moneys from the Budget Stabilization Fund to the
15General Revenue Fund in order to meet cash flow deficits
16resulting from timing variations between disbursements and the
17receipt of funds within a fiscal year. Any moneys so borrowed
18in any fiscal year other than Fiscal Year 2011 shall be repaid
19by June 30 of the fiscal year in which they were borrowed. Any
20moneys so borrowed in Fiscal Year 2011 shall be repaid no later
21than July 15, 2011.
22    (c) During Fiscal Year 2017 only, amounts may be expended
23from the Budget Stabilization Fund only pursuant to specific
24authorization by appropriation. Any moneys expended pursuant
25to appropriation shall not be subject to repayment.

 

 

10200HB4700sam001- 113 -LRB102 24222 JDS 39045 a

1    (d) For Fiscal Years Year 2020 through 2022 , and beyond,
2any transfers into the Fund pursuant to the Cannabis
3Regulation and Tax Act may be transferred to the General
4Revenue Fund in order for the Comptroller to address
5outstanding vouchers and shall not be subject to repayment
6back into the Budget Stabilization Fund.
7    (e) Beginning July 1, 2023, on the first day of each month,
8or as soon thereafter as practical, the State Comptroller
9shall direct and the State Treasurer shall transfer $3,750,000
10from the General Revenue Fund to the Budget Stabilization
11Fund.
12(Source: P.A. 101-10, eff. 6-5-19.)
 
13    (30 ILCS 105/6z-70)
14    Sec. 6z-70. The Secretary of State Identification Security
15and Theft Prevention Fund.
16    (a) The Secretary of State Identification Security and
17Theft Prevention Fund is created as a special fund in the State
18treasury. The Fund shall consist of any fund transfers,
19grants, fees, or moneys from other sources received for the
20purpose of funding identification security and theft
21prevention measures.
22    (b) All moneys in the Secretary of State Identification
23Security and Theft Prevention Fund shall be used, subject to
24appropriation, for any costs related to implementing
25identification security and theft prevention measures.

 

 

10200HB4700sam001- 114 -LRB102 24222 JDS 39045 a

1    (c) (Blank).
2    (d) (Blank).
3    (e) (Blank).
4    (f) (Blank).
5    (g) (Blank).
6    (h) (Blank).
7    (i) (Blank).
8    (j) (Blank).
9    (k) (Blank).
10    (l) (Blank).
11    (m) (Blank). Notwithstanding any other provision of State
12law to the contrary, on or after July 1, 2020, and until June
1330, 2021, in addition to any other transfers that may be
14provided for by law, at the direction of and upon notification
15of the Secretary of State, the State Comptroller shall direct
16and the State Treasurer shall transfer amounts into the
17Secretary of State Identification Security and Theft
18Prevention Fund from the designated funds not exceeding the
19following totals:
20    Division of Corporations Registered Limited
21        Liability Partnership Fund...................$287,000
22    Securities Investors Education Fund............$1,500,000
23    Department of Business Services Special
24        Operations Fund............................$4,500,000
25    Securities Audit and Enforcement Fund..........$5,000,000
26    Corporate Franchise Tax Refund Fund............$3,000,000

 

 

10200HB4700sam001- 115 -LRB102 24222 JDS 39045 a

1    (n) Notwithstanding any other provision of State law to
2the contrary, on or after July 1, 2021, and until June 30,
32022, in addition to any other transfers that may be provided
4for by law, at the direction of and upon notification of the
5Secretary of State, the State Comptroller shall direct and the
6State Treasurer shall transfer amounts into the Secretary of
7State Identification Security and Theft Prevention Fund from
8the designated funds not exceeding the following totals:
9    Division of Corporations Registered Limited
10        Liability Partnership Fund..................$287,000
11    Securities Investors Education Fund...........$1,500,000
12    Department of Business Services Special
13        Operations Fund...........................$4,500,000
14    Securities Audit and Enforcement Fund.........$5,000,000
15    Corporate Franchise Tax Refund Fund...........$3,000,000
16    (o) Notwithstanding any other provision of State law to
17the contrary, on or after July 1, 2022, and until June 30,
182023, in addition to any other transfers that may be provided
19for by law, at the direction of and upon notification of the
20Secretary of State, the State Comptroller shall direct and the
21State Treasurer shall transfer amounts into the Secretary of
22State Identification Security and Theft Prevention Fund from
23the designated funds not exceeding the following totals:
24    Division of Corporations Registered Limited
25        Liability Partnership Fund...................$400,000
26    Department of Business Services Special

 

 

10200HB4700sam001- 116 -LRB102 24222 JDS 39045 a

1        Operations Fund............................$5,500,000
2    Securities Audit and Enforcement Fund..........$4,000,000
3    Corporate Franchise Tax Refund Fund............$4,000,000
4(Source: P.A. 101-10, eff. 6-5-19; 101-636, eff. 6-10-20;
5102-16, eff. 6-17-21.)
 
6    (30 ILCS 105/6z-77)
7    Sec. 6z-77. The Capital Projects Fund. The Capital
8Projects Fund is created as a special fund in the State
9Treasury. The State Comptroller and State Treasurer shall
10transfer from the Capital Projects Fund to the General Revenue
11Fund $61,294,550 on October 1, 2009, $122,589,100 on January
121, 2010, and $61,294,550 on April 1, 2010. Beginning on July 1,
132010, and on July 1 and January 1 of each year thereafter, the
14State Comptroller and State Treasurer shall transfer the sum
15of $122,589,100 from the Capital Projects Fund to the General
16Revenue Fund. In Fiscal Year 2022 only, the State Comptroller
17and State Treasurer shall transfer up to $80,000,000
18$40,000,000 of sports wagering revenues from the Capital
19Projects Fund to the Rebuild Illinois Projects Fund in one or
20more transfers as directed by the Governor. Subject to
21appropriation, the Capital Projects Fund may be used only for
22capital projects and the payment of debt service on bonds
23issued for capital projects. All interest earned on moneys in
24the Fund shall be deposited into the Fund. The Fund shall not
25be subject to administrative charges or chargebacks, such as

 

 

10200HB4700sam001- 117 -LRB102 24222 JDS 39045 a

1but not limited to those authorized under Section 8h.
2(Source: P.A. 102-16, eff. 6-17-21.)
 
3    (30 ILCS 105/6z-81)
4    Sec. 6z-81. Healthcare Provider Relief Fund.
5    (a) There is created in the State treasury a special fund
6to be known as the Healthcare Provider Relief Fund.
7    (b) The Fund is created for the purpose of receiving and
8disbursing moneys in accordance with this Section.
9Disbursements from the Fund shall be made only as follows:
10        (1) Subject to appropriation, for payment by the
11    Department of Healthcare and Family Services or by the
12    Department of Human Services of medical bills and related
13    expenses, including administrative expenses, for which the
14    State is responsible under Titles XIX and XXI of the
15    Social Security Act, the Illinois Public Aid Code, the
16    Children's Health Insurance Program Act, the Covering ALL
17    KIDS Health Insurance Act, and the Long Term Acute Care
18    Hospital Quality Improvement Transfer Program Act.
19        (2) For repayment of funds borrowed from other State
20    funds or from outside sources, including interest thereon.
21        (3) For making payments to the human poison control
22    center pursuant to Section 12-4.105 of the Illinois Public
23    Aid Code.
24        (4) For making necessary transfers to other State
25    funds to deposit Home and Community-Based Services federal

 

 

10200HB4700sam001- 118 -LRB102 24222 JDS 39045 a

1    matching revenue received as a result of the enhancement
2    to the federal medical assistance percentage authorized by
3    Section 9817 of the federal American Rescue Plan Act of
4    2021.
5    (c) The Fund shall consist of the following:
6        (1) Moneys received by the State from short-term
7    borrowing pursuant to the Short Term Borrowing Act on or
8    after the effective date of Public Act 96-820.
9        (2) All federal matching funds received by the
10    Illinois Department of Healthcare and Family Services as a
11    result of expenditures made by the Department that are
12    attributable to moneys deposited in the Fund.
13        (3) All federal matching funds received by the
14    Illinois Department of Healthcare and Family Services as a
15    result of federal approval of Title XIX State plan
16    amendment transmittal number 07-09.
17        (3.5) Proceeds from the assessment authorized under
18    Article V-H of the Illinois Public Aid Code.
19        (4) All other moneys received for the Fund from any
20    other source, including interest earned thereon.
21        (5) All federal matching funds received by the
22    Illinois Department of Healthcare and Family Services as a
23    result of expenditures made by the Department for Medical
24    Assistance from the General Revenue Fund, the Tobacco
25    Settlement Recovery Fund, the Long-Term Care Provider
26    Fund, and the Drug Rebate Fund related to individuals

 

 

10200HB4700sam001- 119 -LRB102 24222 JDS 39045 a

1    eligible for medical assistance pursuant to the Patient
2    Protection and Affordable Care Act (P.L. 111-148) and
3    Section 5-2 of the Illinois Public Aid Code.
4    (d) In addition to any other transfers that may be
5provided for by law, on the effective date of Public Act 97-44,
6or as soon thereafter as practical, the State Comptroller
7shall direct and the State Treasurer shall transfer the sum of
8$365,000,000 from the General Revenue Fund into the Healthcare
9Provider Relief Fund.
10    (e) In addition to any other transfers that may be
11provided for by law, on July 1, 2011, or as soon thereafter as
12practical, the State Comptroller shall direct and the State
13Treasurer shall transfer the sum of $160,000,000 from the
14General Revenue Fund to the Healthcare Provider Relief Fund.
15    (f) Notwithstanding any other State law to the contrary,
16and in addition to any other transfers that may be provided for
17by law, the State Comptroller shall order transferred and the
18State Treasurer shall transfer $500,000,000 to the Healthcare
19Provider Relief Fund from the General Revenue Fund in equal
20monthly installments of $100,000,000, with the first transfer
21to be made on July 1, 2012, or as soon thereafter as practical,
22and with each of the remaining transfers to be made on August
231, 2012, September 1, 2012, October 1, 2012, and November 1,
242012, or as soon thereafter as practical. This transfer may
25assist the Department of Healthcare and Family Services in
26improving Medical Assistance bill processing timeframes or in

 

 

10200HB4700sam001- 120 -LRB102 24222 JDS 39045 a

1meeting the possible requirements of Senate Bill 3397, or
2other similar legislation, of the 97th General Assembly should
3it become law.
4    (g) Notwithstanding any other State law to the contrary,
5and in addition to any other transfers that may be provided for
6by law, on July 1, 2013, or as soon thereafter as may be
7practical, the State Comptroller shall direct and the State
8Treasurer shall transfer the sum of $601,000,000 from the
9General Revenue Fund to the Healthcare Provider Relief Fund.
10(Source: P.A. 100-587, eff. 6-4-18; 101-9, eff. 6-5-19;
11101-650, eff. 7-7-20.)
 
12    (30 ILCS 105/6z-100)
13    (Section scheduled to be repealed on July 1, 2022)
14    Sec. 6z-100. Capital Development Board Revolving Fund;
15payments into and use. All monies received by the Capital
16Development Board for publications or copies issued by the
17Board, and all monies received for contract administration
18fees, charges, or reimbursements owing to the Board shall be
19deposited into a special fund known as the Capital Development
20Board Revolving Fund, which is hereby created in the State
21treasury. The monies in this Fund shall be used by the Capital
22Development Board, as appropriated, for expenditures for
23personal services, retirement, social security, contractual
24services, legal services, travel, commodities, printing,
25equipment, electronic data processing, or telecommunications.

 

 

10200HB4700sam001- 121 -LRB102 24222 JDS 39045 a

1For fiscal year 2021 and thereafter, the monies in this Fund
2may also be appropriated to and used by the Executive Ethics
3Commission for oversight and administration of the Chief
4Procurement Officer appointed under paragraph (1) of
5subsection (a) of Section 10-20 of the Illinois Procurement
6Code. Unexpended moneys in the Fund shall not be transferred
7or allocated by the Comptroller or Treasurer to any other
8fund, nor shall the Governor authorize the transfer or
9allocation of those moneys to any other fund. This Section is
10repealed July 1, 2023 2022.
11(Source: P.A. 101-10, eff. 6-5-19; 101-636, eff. 6-10-20;
12101-645, eff. 6-26-20; 102-16, eff. 6-17-21.)
 
13    (30 ILCS 105/6z-121)
14    Sec. 6z-121. State Coronavirus Urgent Remediation
15Emergency Fund.
16    (a) The State Coronavirus Urgent Remediation Emergency
17(State CURE) Fund is created as a federal trust fund within the
18State treasury. The State CURE Fund shall be held separate and
19apart from all other funds in the State treasury. The State
20CURE Fund is established: (1) to receive, directly or
21indirectly, federal funds from the Coronavirus Relief Fund in
22accordance with Section 5001 of the federal Coronavirus Aid,
23Relief, and Economic Security (CARES) Act, the Coronavirus
24State Fiscal Recovery Fund in accordance with Section 9901 of
25the American Rescue Plan Act of 2021, or from any other federal

 

 

10200HB4700sam001- 122 -LRB102 24222 JDS 39045 a

1fund pursuant to any other provision of the American Rescue
2Plan Act of 2021 or any other federal law; and (2) to provide
3for the transfer, distribution and expenditure of such federal
4funds as permitted in the federal Coronavirus Aid, Relief, and
5Economic Security (CARES) Act, the American Rescue Plan Act of
62021, and related federal guidance or any other federal law,
7and as authorized by this Section.
8    (b) Federal funds received by the State from the
9Coronavirus Relief Fund in accordance with Section 5001 of the
10federal Coronavirus Aid, Relief, and Economic Security (CARES)
11Act, the Coronavirus State Fiscal Recovery Fund in accordance
12with Section 9901 of the American Rescue Plan Act of 2021, or
13any other federal funds received pursuant to the American
14Rescue Plan Act of 2021 or any other federal law, may be
15deposited, directly or indirectly, into the State CURE Fund.
16    (c) Funds in the State CURE Fund may be expended, subject
17to appropriation, directly for purposes permitted under the
18federal law and related federal guidance governing the use of
19such funds, which may include without limitation purposes
20permitted in Section 5001 of the CARES Act and Sections 3201,
213206, and 9901 of the American Rescue Plan Act of 2021. All
22federal funds received into the State CURE Fund from the
23Coronavirus Relief Fund, the Coronavirus State Fiscal Recovery
24Fund, or any other source under the American Rescue Plan Act of
252021, may be transferred, or expended, or returned by the
26Illinois Emergency Management Agency at the direction of the

 

 

10200HB4700sam001- 123 -LRB102 24222 JDS 39045 a

1Governor for the specific purposes permitted by the federal
2Coronavirus Aid, Relief, and Economic Security (CARES) Act,
3the American Rescue Plan Act of 2021, any related regulations
4or federal guidance, and any terms and conditions of the
5federal awards received by the State thereunder. The State
6Comptroller shall direct and the State Treasurer shall
7transfer, as directed by the Governor in writing, a portion of
8the federal funds received from the Coronavirus Relief Fund or
9from any other federal fund pursuant to any other provision of
10federal law to the Local Coronavirus Urgent Remediation
11Emergency (Local CURE) Fund from time to time for the
12provision and administration of grants to units of local
13government as permitted by the federal Coronavirus Aid,
14Relief, and Economic Security (CARES) Act, any related federal
15guidance, and any other additional federal law that may
16provide authorization. The State Comptroller shall direct and
17the State Treasurer shall transfer amounts, as directed by the
18Governor in writing, from the State CURE Fund to the Essential
19Government Services Support Fund to be used for the provision
20of government services as permitted under Section 602(c)(1)(C)
21of the Social Security Act as enacted by Section 9901 of the
22American Rescue Plan Act and related federal guidance. Funds
23in the State CURE Fund also may be transferred to other funds
24in the State treasury as reimbursement for expenditures made
25from such other funds if the expenditures are eligible for
26federal reimbursement under Section 5001 of the federal

 

 

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1Coronavirus Aid, Relief, and Economic Security (CARES) Act,
2the relevant provisions of the American Rescue Plan Act of
32021, or any related federal guidance.
4    (d) Once the General Assembly has enacted appropriations
5from the State CURE Fund, the expenditure of funds from the
6State CURE Fund shall be subject to appropriation by the
7General Assembly, and shall be administered by the Illinois
8Emergency Management Agency at the direction of the Governor.
9The Illinois Emergency Management Agency, and other agencies
10as named in appropriations, shall transfer, distribute or
11expend the funds. The State Comptroller shall direct and the
12State Treasurer shall transfer funds in the State CURE Fund to
13other funds in the State treasury as reimbursement for
14expenditures made from such other funds if the expenditures
15are eligible for federal reimbursement under Section 5001 of
16the federal Coronavirus Aid, Relief, and Economic Security
17(CARES) Act, the relevant provisions of the American Rescue
18Plan Act of 2021, or any related federal guidance, as directed
19in writing by the Governor. Additional funds that may be
20received from the federal government from legislation enacted
21in response to the impact of Coronavirus Disease 2019,
22including fiscal stabilization payments that replace revenues
23lost due to Coronavirus Disease 2019, The State Comptroller
24may direct and the State Treasurer shall transfer in the
25manner authorized or required by any related federal guidance,
26as directed in writing by the Governor.

 

 

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1    (e) The Illinois Emergency Management Agency, in
2coordination with the Governor's Office of Management and
3Budget, shall identify amounts derived from the State's
4Coronavirus Relief Fund allocation and transferred from the
5State CURE Fund as directed by the Governor under this Section
6that remain unobligated and unexpended for the period that
7ended on December 31, 2021. The Agency shall certify to the
8State Comptroller and the State Treasurer the amounts
9identified as unobligated and unexpended. The State
10Comptroller shall direct and the State Treasurer shall
11transfer the unobligated and unexpended funds identified by
12the Agency and held in other funds of the State Treasury under
13this Section to the State CURE Fund. Unexpended funds in the
14State CURE Fund shall be paid back to the federal government at
15the direction of the Governor.
16    (f) In addition to any other transfers that may be
17provided for by law, at the direction of the Governor, the
18State Comptroller shall direct and the State Treasurer shall
19transfer the sum of $24,523,000 from the State CURE Fund to the
20Chicago Travel Industry Promotion Fund.
21    (g) In addition to any other transfers that may be
22provided for by law, at the direction of the Governor, the
23State Comptroller shall direct and the State Treasurer shall
24transfer the sum of $30,000,000 from the State CURE Fund to the
25Metropolitan Pier and Exposition Authority Incentive Fund.
26    (h) In addition to any other transfers that may be

 

 

10200HB4700sam001- 126 -LRB102 24222 JDS 39045 a

1provided for by law, at the direction of the Governor, the
2State Comptroller shall direct and the State Treasurer shall
3transfer the sum of $45,180,000 from the State CURE Fund to the
4Local Tourism Fund.
5(Source: P.A. 101-636, eff. 6-10-20; 102-16, eff. 6-17-21.)
 
6    (30 ILCS 105/6z-130 new)
7    Sec. 6z-130. Statewide 9-8-8 Trust Fund.
8    (a) The Statewide 9-8-8 Trust Fund is created as a special
9fund in the State treasury. Moneys in the Fund shall be used by
10the Department of Human Services for the purposes of
11establishing and maintaining a statewide 9-8-8 suicide
12prevention and mental health crisis system pursuant to the
13National Suicide Hotline Designation Act of 2020, the Federal
14Communication Commission's rules adopted on July 16, 2020, and
15national guidelines for crisis care. The Fund shall consist
16of:
17        (1) appropriations by the General Assembly;
18        (2) grants and gifts intended for deposit in the Fund;
19        (3) interest, premiums, gains, or other earnings on
20    the Fund;
21        (4) moneys received from any other source that are
22    deposited in or transferred into the Fund.
23    (b) Moneys in the Fund:
24        (1) do not revert at the end of any State fiscal year
25    but remain available for the purposes of the Fund in

 

 

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1    subsequent State fiscal years; and
2        (2) are not subject to transfer to any other Fund or to
3    transfer, assignment, or reassignment for any other use or
4    purpose outside of those specified in this Section.
5    (c) An annual report of Fund deposits and expenditures
6shall be made to the General Assembly and the Federal
7Communications Commission.
8    (d) In addition to any other transfers that may be
9provided for by law, on July 1, 2022, or as soon thereafter as
10practical, the State Comptroller shall direct and the State
11Treasurer shall transfer the sum of $5,000,000 from the
12Statewide 9-1-1 Fund to the Statewide 9-8-8 Trust Fund.
 
13    (30 ILCS 105/6z-131 new)
14    Sec. 6z-131. Agriculture Federal Projects Fund. The
15Agriculture Federal Projects Fund is established as a federal
16trust fund in the State treasury. This Fund is established to
17receive funds from all federal departments and agencies,
18including grants and awards. In addition, the Fund may also
19receive interagency receipts from other State agencies and
20funds from other public and private sources. Moneys in the
21Agriculture Federal Projects Fund shall be held by the State
22Treasurer as ex officio custodian and shall be used for the
23specific purposes established by the terms and conditions of
24the federal grant or award and for other authorized expenses
25in accordance with federal requirements. Other moneys

 

 

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1deposited into the Fund may be used for purposes associated
2with the federally financed projects.
 
3    (30 ILCS 105/6z-132 new)
4    Sec. 6z-132. DNR Federal Projects Fund. The DNR Federal
5Projects Fund is established as a federal trust fund in the
6State treasury. This Fund is established to receive funds from
7all federal departments and agencies, including grants and
8awards. In addition, the Fund may also receive interagency
9receipts from other State agencies and agencies from other
10states. Moneys in the DNR Federal Projects Fund shall be held
11by the State Treasurer as ex officio custodian and shall be
12used for the specific purposes established by the terms and
13conditions of the federal grant or award and for other
14authorized expenses in accordance with federal requirements.
15Other moneys deposited into the Fund may be used for purposes
16associated with the federally financed projects.
 
17    (30 ILCS 105/6z-133 new)
18    Sec. 6z-133. Illinois Opioid Remediation State Trust Fund.
19    (a) As used in this Section:
20        (1) "Approved abatement programs" means the list of
21    programs included in Exhibit B of the Illinois Opioid
22    Allocation Agreement, effective December 30, 2021.
23        (2) "National multistate opioid settlement" has the
24    meaning provided in Section 13-226 of the Code of Civil

 

 

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1    Procedure.
2        (3) "Opioid-related settlement" means current or
3    future settlements reached by the Attorney General,
4    including judgments entered that are subject to the
5    Illinois Opioid Allocation Agreement, effective December
6    30, 2021.
7    (b) The Illinois Opioid Remediation State Trust Fund is
8created as a trust fund in the State treasury to receive
9proceeds from opioid-related settlements and judgments that
10are directed by the Attorney General into the fund pursuant to
11Section 3 of the Illinois Opioid Allocation Agreement,
12effective December 30, 2021. The fund shall be administered by
13the Department of Human Services.
14    (c) The Illinois Opioid Remediation State Trust Fund may
15also receive gifts, grants, bequests, donations and monies
16from any other source, public or private, to be used for the
17purposes of such gifts, grants, bequests, donations or awards.
18    (d) All funds directed into the Illinois Opioid
19Remediation State Trust Fund shall be used in accordance with
20the Illinois Opioid Allocation Agreement, effective December
2130, 2021, and exclusively for approved abatement programs.
22    (e) The Attorney General may use a portion of the proceeds
23in the Illinois Opioid Remediation State Trust Fund for
24administrative costs associated with opioid-related
25litigation, demands, or settlements.
26    (f) In addition to proceeds directed by the Attorney

 

 

10200HB4700sam001- 130 -LRB102 24222 JDS 39045 a

1General into the Illinois Opioid Remediation State Trust Fund,
2the Attorney General may, at his or her discretion, direct
3additional funds received from any opioid-related settlement
4into the DHS State Projects Fund.
 
5    (30 ILCS 105/8.3)  (from Ch. 127, par. 144.3)
6    Sec. 8.3. Money in the Road Fund shall, if and when the
7State of Illinois incurs any bonded indebtedness for the
8construction of permanent highways, be set aside and used for
9the purpose of paying and discharging annually the principal
10and interest on that bonded indebtedness then due and payable,
11and for no other purpose. The surplus, if any, in the Road Fund
12after the payment of principal and interest on that bonded
13indebtedness then annually due shall be used as follows:
14        first -- to pay the cost of administration of Chapters
15    2 through 10 of the Illinois Vehicle Code, except the cost
16    of administration of Articles I and II of Chapter 3 of that
17    Code, and to pay the costs of the Executive Ethics
18    Commission for oversight and administration of the Chief
19    Procurement Officer appointed under paragraph (2) of
20    subsection (a) of Section 10-20 of the Illinois
21    Procurement Code for transportation; and
22        secondly -- for expenses of the Department of
23    Transportation for construction, reconstruction,
24    improvement, repair, maintenance, operation, and
25    administration of highways in accordance with the

 

 

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1    provisions of laws relating thereto, or for any purpose
2    related or incident to and connected therewith, including
3    the separation of grades of those highways with railroads
4    and with highways and including the payment of awards made
5    by the Illinois Workers' Compensation Commission under the
6    terms of the Workers' Compensation Act or Workers'
7    Occupational Diseases Act for injury or death of an
8    employee of the Division of Highways in the Department of
9    Transportation; or for the acquisition of land and the
10    erection of buildings for highway purposes, including the
11    acquisition of highway right-of-way or for investigations
12    to determine the reasonably anticipated future highway
13    needs; or for making of surveys, plans, specifications and
14    estimates for and in the construction and maintenance of
15    flight strips and of highways necessary to provide access
16    to military and naval reservations, to defense industries
17    and defense-industry sites, and to the sources of raw
18    materials and for replacing existing highways and highway
19    connections shut off from general public use at military
20    and naval reservations and defense-industry sites, or for
21    the purchase of right-of-way, except that the State shall
22    be reimbursed in full for any expense incurred in building
23    the flight strips; or for the operating and maintaining of
24    highway garages; or for patrolling and policing the public
25    highways and conserving the peace; or for the operating
26    expenses of the Department relating to the administration

 

 

10200HB4700sam001- 132 -LRB102 24222 JDS 39045 a

1    of public transportation programs; or, during fiscal year
2    2021 only, for the purposes of a grant not to exceed
3    $8,394,800 to the Regional Transportation Authority on
4    behalf of PACE for the purpose of ADA/Para-transit
5    expenses; or, during fiscal year 2022 only, for the
6    purposes of a grant not to exceed $8,394,800 to the
7    Regional Transportation Authority on behalf of PACE for
8    the purpose of ADA/Para-transit expenses; or, during
9    fiscal year 2023, for the purposes of a grant not to exceed
10    $8,394,800 to the Regional Transportation Authority on
11    behalf of PACE for the purpose of ADA/Para-transit
12    expenses; or for any of those purposes or any other
13    purpose that may be provided by law.
14    Appropriations for any of those purposes are payable from
15the Road Fund. Appropriations may also be made from the Road
16Fund for the administrative expenses of any State agency that
17are related to motor vehicles or arise from the use of motor
18vehicles.
19    Beginning with fiscal year 1980 and thereafter, no Road
20Fund monies shall be appropriated to the following Departments
21or agencies of State government for administration, grants, or
22operations; but this limitation is not a restriction upon
23appropriating for those purposes any Road Fund monies that are
24eligible for federal reimbursement:
25        1. Department of Public Health;
26        2. Department of Transportation, only with respect to

 

 

10200HB4700sam001- 133 -LRB102 24222 JDS 39045 a

1    subsidies for one-half fare Student Transportation and
2    Reduced Fare for Elderly, except fiscal year 2021 only
3    when no more than $17,570,000 may be expended and except
4    fiscal year 2022 only when no more than $17,570,000 may be
5    expended and except fiscal year 2023 when no more than
6    $17,570,000 may be expended;
7        3. Department of Central Management Services, except
8    for expenditures incurred for group insurance premiums of
9    appropriate personnel;
10        4. Judicial Systems and Agencies.
11    Beginning with fiscal year 1981 and thereafter, no Road
12Fund monies shall be appropriated to the following Departments
13or agencies of State government for administration, grants, or
14operations; but this limitation is not a restriction upon
15appropriating for those purposes any Road Fund monies that are
16eligible for federal reimbursement:
17        1. Illinois State Police, except for expenditures with
18    respect to the Division of Patrol Operations and Division
19    of Criminal Investigation;
20        2. Department of Transportation, only with respect to
21    Intercity Rail Subsidies, except fiscal year 2021 only
22    when no more than $50,000,000 may be expended and except
23    fiscal year 2022 only when no more than $50,000,000 may be
24    expended and except fiscal year 2023 when no more than
25    $55,000,000 may be expended, and Rail Freight Services.
26    Beginning with fiscal year 1982 and thereafter, no Road

 

 

10200HB4700sam001- 134 -LRB102 24222 JDS 39045 a

1Fund monies shall be appropriated to the following Departments
2or agencies of State government for administration, grants, or
3operations; but this limitation is not a restriction upon
4appropriating for those purposes any Road Fund monies that are
5eligible for federal reimbursement: Department of Central
6Management Services, except for awards made by the Illinois
7Workers' Compensation Commission under the terms of the
8Workers' Compensation Act or Workers' Occupational Diseases
9Act for injury or death of an employee of the Division of
10Highways in the Department of Transportation.
11    Beginning with fiscal year 1984 and thereafter, no Road
12Fund monies shall be appropriated to the following Departments
13or agencies of State government for administration, grants, or
14operations; but this limitation is not a restriction upon
15appropriating for those purposes any Road Fund monies that are
16eligible for federal reimbursement:
17        1. Illinois State Police, except not more than 40% of
18    the funds appropriated for the Division of Patrol
19    Operations and Division of Criminal Investigation;
20        2. State Officers.
21    Beginning with fiscal year 1984 and thereafter, no Road
22Fund monies shall be appropriated to any Department or agency
23of State government for administration, grants, or operations
24except as provided hereafter; but this limitation is not a
25restriction upon appropriating for those purposes any Road
26Fund monies that are eligible for federal reimbursement. It

 

 

10200HB4700sam001- 135 -LRB102 24222 JDS 39045 a

1shall not be lawful to circumvent the above appropriation
2limitations by governmental reorganization or other methods.
3Appropriations shall be made from the Road Fund only in
4accordance with the provisions of this Section.
5    Money in the Road Fund shall, if and when the State of
6Illinois incurs any bonded indebtedness for the construction
7of permanent highways, be set aside and used for the purpose of
8paying and discharging during each fiscal year the principal
9and interest on that bonded indebtedness as it becomes due and
10payable as provided in the Transportation Bond Act, and for no
11other purpose. The surplus, if any, in the Road Fund after the
12payment of principal and interest on that bonded indebtedness
13then annually due shall be used as follows:
14        first -- to pay the cost of administration of Chapters
15    2 through 10 of the Illinois Vehicle Code; and
16        secondly -- no Road Fund monies derived from fees,
17    excises, or license taxes relating to registration,
18    operation and use of vehicles on public highways or to
19    fuels used for the propulsion of those vehicles, shall be
20    appropriated or expended other than for costs of
21    administering the laws imposing those fees, excises, and
22    license taxes, statutory refunds and adjustments allowed
23    thereunder, administrative costs of the Department of
24    Transportation, including, but not limited to, the
25    operating expenses of the Department relating to the
26    administration of public transportation programs, payment

 

 

10200HB4700sam001- 136 -LRB102 24222 JDS 39045 a

1    of debts and liabilities incurred in construction and
2    reconstruction of public highways and bridges, acquisition
3    of rights-of-way for and the cost of construction,
4    reconstruction, maintenance, repair, and operation of
5    public highways and bridges under the direction and
6    supervision of the State, political subdivision, or
7    municipality collecting those monies, or during fiscal
8    year 2021 only for the purposes of a grant not to exceed
9    $8,394,800 to the Regional Transportation Authority on
10    behalf of PACE for the purpose of ADA/Para-transit
11    expenses, or during fiscal year 2022 only for the purposes
12    of a grant not to exceed $8,394,800 to the Regional
13    Transportation Authority on behalf of PACE for the purpose
14    of ADA/Para-transit expenses, or during fiscal year 2023
15    for the purposes of a grant not to exceed $8,394,800 to the
16    Regional Transportation Authority on behalf of PACE for
17    the purpose of ADA/Para-transit expenses, and the costs
18    for patrolling and policing the public highways (by the
19    State, political subdivision, or municipality collecting
20    that money) for enforcement of traffic laws. The
21    separation of grades of such highways with railroads and
22    costs associated with protection of at-grade highway and
23    railroad crossing shall also be permissible.
24    Appropriations for any of such purposes are payable from
25the Road Fund or the Grade Crossing Protection Fund as
26provided in Section 8 of the Motor Fuel Tax Law.

 

 

10200HB4700sam001- 137 -LRB102 24222 JDS 39045 a

1    Except as provided in this paragraph, beginning with
2fiscal year 1991 and thereafter, no Road Fund monies shall be
3appropriated to the Illinois State Police for the purposes of
4this Section in excess of its total fiscal year 1990 Road Fund
5appropriations for those purposes unless otherwise provided in
6Section 5g of this Act. For fiscal years 2003, 2004, 2005,
72006, and 2007 only, no Road Fund monies shall be appropriated
8to the Department of State Police for the purposes of this
9Section in excess of $97,310,000. For fiscal year 2008 only,
10no Road Fund monies shall be appropriated to the Department of
11State Police for the purposes of this Section in excess of
12$106,100,000. For fiscal year 2009 only, no Road Fund monies
13shall be appropriated to the Department of State Police for
14the purposes of this Section in excess of $114,700,000.
15Beginning in fiscal year 2010, no road fund moneys shall be
16appropriated to the Illinois State Police. It shall not be
17lawful to circumvent this limitation on appropriations by
18governmental reorganization or other methods unless otherwise
19provided in Section 5g of this Act.
20    In fiscal year 1994, no Road Fund monies shall be
21appropriated to the Secretary of State for the purposes of
22this Section in excess of the total fiscal year 1991 Road Fund
23appropriations to the Secretary of State for those purposes,
24plus $9,800,000. It shall not be lawful to circumvent this
25limitation on appropriations by governmental reorganization or
26other method.

 

 

10200HB4700sam001- 138 -LRB102 24222 JDS 39045 a

1    Beginning with fiscal year 1995 and thereafter, no Road
2Fund monies shall be appropriated to the Secretary of State
3for the purposes of this Section in excess of the total fiscal
4year 1994 Road Fund appropriations to the Secretary of State
5for those purposes. It shall not be lawful to circumvent this
6limitation on appropriations by governmental reorganization or
7other methods.
8    Beginning with fiscal year 2000, total Road Fund
9appropriations to the Secretary of State for the purposes of
10this Section shall not exceed the amounts specified for the
11following fiscal years:
12    Fiscal Year 2000$80,500,000;
13    Fiscal Year 2001$80,500,000;
14    Fiscal Year 2002$80,500,000;
15    Fiscal Year 2003$130,500,000;
16    Fiscal Year 2004$130,500,000;
17    Fiscal Year 2005$130,500,000;
18    Fiscal Year 2006 $130,500,000;
19    Fiscal Year 2007 $130,500,000;
20    Fiscal Year 2008$130,500,000;
21    Fiscal Year 2009 $130,500,000.
22    For fiscal year 2010, no road fund moneys shall be
23appropriated to the Secretary of State.
24    Beginning in fiscal year 2011, moneys in the Road Fund
25shall be appropriated to the Secretary of State for the
26exclusive purpose of paying refunds due to overpayment of fees

 

 

10200HB4700sam001- 139 -LRB102 24222 JDS 39045 a

1related to Chapter 3 of the Illinois Vehicle Code unless
2otherwise provided for by law.
3    It shall not be lawful to circumvent this limitation on
4appropriations by governmental reorganization or other
5methods.
6    No new program may be initiated in fiscal year 1991 and
7thereafter that is not consistent with the limitations imposed
8by this Section for fiscal year 1984 and thereafter, insofar
9as appropriation of Road Fund monies is concerned.
10    Nothing in this Section prohibits transfers from the Road
11Fund to the State Construction Account Fund under Section 5e
12of this Act; nor to the General Revenue Fund, as authorized by
13Public Act 93-25.
14    The additional amounts authorized for expenditure in this
15Section by Public Acts 92-0600, 93-0025, 93-0839, and 94-91
16shall be repaid to the Road Fund from the General Revenue Fund
17in the next succeeding fiscal year that the General Revenue
18Fund has a positive budgetary balance, as determined by
19generally accepted accounting principles applicable to
20government.
21    The additional amounts authorized for expenditure by the
22Secretary of State and the Department of State Police in this
23Section by Public Act 94-91 shall be repaid to the Road Fund
24from the General Revenue Fund in the next succeeding fiscal
25year that the General Revenue Fund has a positive budgetary
26balance, as determined by generally accepted accounting

 

 

10200HB4700sam001- 140 -LRB102 24222 JDS 39045 a

1principles applicable to government.
2(Source: P.A. 101-10, eff. 6-5-19; 101-636, eff. 6-10-20;
3102-16, eff. 6-17-21; 102-538, eff. 8-20-21; revised
410-15-21.)
 
5    (30 ILCS 105/8.6)  (from Ch. 127, par. 144.6)
6    Sec. 8.6. Appropriations for the operation and maintenance
7of State garages including the servicing and repair of all
8automotive equipment owned or controlled by the State of
9Illinois, the purchase of necessary supplies, equipment and
10accessories for automotive use, the purchase of public
11liability insurance covering drivers of motor vehicles owned
12or controlled by the State of Illinois, the design, purchase,
13installation, operation, and maintenance of electric vehicle
14charging infrastructure and associated improvements to any
15property owned or controlled by the State of Illinois, and all
16other expenses incident to the operation and maintenance of
17the State garages are payable from the State Garage Revolving
18Fund. Any money received by a State agency from a third party
19as payment for damages to or destruction of a State vehicle and
20deposited into the State Garage Revolving Fund shall be
21utilized by the Department of Central Management Services for
22the benefit of that agency to repair or replace, in whole or in
23part, the damaged vehicle. All contracts let under the
24provisions of this Act shall be awarded in accordance with the
25applicable requirements of the Illinois Purchasing Act.

 

 

10200HB4700sam001- 141 -LRB102 24222 JDS 39045 a

1(Source: P.A. 87-817.)
 
2    (30 ILCS 105/8.12)   (from Ch. 127, par. 144.12)
3    Sec. 8.12. State Pensions Fund.
4    (a) The moneys in the State Pensions Fund shall be used
5exclusively for the administration of the Revised Uniform
6Unclaimed Property Act and for the expenses incurred by the
7Auditor General for administering the provisions of Section
82-8.1 of the Illinois State Auditing Act and for operational
9expenses of the Office of the State Treasurer and for the
10funding of the unfunded liabilities of the designated
11retirement systems. For the purposes of this Section,
12"operational expenses of the Office of the State Treasurer"
13includes the acquisition of land and buildings in State fiscal
14years 2019 and 2020 for use by the Office of the State
15Treasurer, as well as construction, reconstruction,
16improvement, repair, and maintenance, in accordance with the
17provisions of laws relating thereto, of such lands and
18buildings beginning in State fiscal year 2019 and thereafter.
19Beginning in State fiscal year 2024 2023, payments to the
20designated retirement systems under this Section shall be in
21addition to, and not in lieu of, any State contributions
22required under the Illinois Pension Code.
23    "Designated retirement systems" means:
24        (1) the State Employees' Retirement System of
25    Illinois;

 

 

10200HB4700sam001- 142 -LRB102 24222 JDS 39045 a

1        (2) the Teachers' Retirement System of the State of
2    Illinois;
3        (3) the State Universities Retirement System;
4        (4) the Judges Retirement System of Illinois; and
5        (5) the General Assembly Retirement System.
6    (b) Each year the General Assembly may make appropriations
7from the State Pensions Fund for the administration of the
8Revised Uniform Unclaimed Property Act.
9    (c) As soon as possible after July 30, 2004 (the effective
10date of Public Act 93-839), the General Assembly shall
11appropriate from the State Pensions Fund (1) to the State
12Universities Retirement System the amount certified under
13Section 15-165 during the prior year, (2) to the Judges
14Retirement System of Illinois the amount certified under
15Section 18-140 during the prior year, and (3) to the General
16Assembly Retirement System the amount certified under Section
172-134 during the prior year as part of the required State
18contributions to each of those designated retirement systems.
19If the amount in the State Pensions Fund does not exceed the
20sum of the amounts certified in Sections 15-165, 18-140, and
212-134 by at least $5,000,000, the amount paid to each
22designated retirement system under this subsection shall be
23reduced in proportion to the amount certified by each of those
24designated retirement systems.
25    (c-5) For fiscal years 2006 through 2023 2022, the General
26Assembly shall appropriate from the State Pensions Fund to the

 

 

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1State Universities Retirement System the amount estimated to
2be available during the fiscal year in the State Pensions
3Fund; provided, however, that the amounts appropriated under
4this subsection (c-5) shall not reduce the amount in the State
5Pensions Fund below $5,000,000.
6    (c-6) For fiscal year 2024 2023 and each fiscal year
7thereafter, as soon as may be practical after any money is
8deposited into the State Pensions Fund from the Unclaimed
9Property Trust Fund, the State Treasurer shall apportion the
10deposited amount among the designated retirement systems as
11defined in subsection (a) to reduce their actuarial reserve
12deficiencies. The State Comptroller and State Treasurer shall
13pay the apportioned amounts to the designated retirement
14systems to fund the unfunded liabilities of the designated
15retirement systems. The amount apportioned to each designated
16retirement system shall constitute a portion of the amount
17estimated to be available for appropriation from the State
18Pensions Fund that is the same as that retirement system's
19portion of the total actual reserve deficiency of the systems,
20as determined annually by the Governor's Office of Management
21and Budget at the request of the State Treasurer. The amounts
22apportioned under this subsection shall not reduce the amount
23in the State Pensions Fund below $5,000,000.
24    (d) The Governor's Office of Management and Budget shall
25determine the individual and total reserve deficiencies of the
26designated retirement systems. For this purpose, the

 

 

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1Governor's Office of Management and Budget shall utilize the
2latest available audit and actuarial reports of each of the
3retirement systems and the relevant reports and statistics of
4the Public Employee Pension Fund Division of the Department of
5Insurance.
6    (d-1) (Blank).
7    (e) The changes to this Section made by Public Act 88-593
8shall first apply to distributions from the Fund for State
9fiscal year 1996.
10(Source: P.A. 101-10, eff. 6-5-19; 101-487, eff. 8-23-19;
11101-636, eff. 6-10-20; 102-16, eff. 6-17-21.)
 
12    (30 ILCS 105/8g-1)
13    Sec. 8g-1. Fund transfers.
14    (a) (Blank).
15    (b) (Blank).
16    (c) (Blank).
17    (d) (Blank).
18    (e) (Blank).
19    (f) (Blank).
20    (g) (Blank).
21    (h) (Blank).
22    (i) (Blank).
23    (j) (Blank).
24    (k) (Blank).
25    (l) (Blank).

 

 

10200HB4700sam001- 145 -LRB102 24222 JDS 39045 a

1    (m) (Blank).
2    (n) (Blank).
3    (o) (Blank).
4    (p) (Blank).
5    (q) (Blank).
6    (r) (Blank).
7    (s) (Blank).
8    (t) (Blank).
9    (u) In addition to any other transfers that may be
10provided for by law, on July 1, 2021, or as soon thereafter as
11practical, only as directed by the Director of the Governor's
12Office of Management and Budget, the State Comptroller shall
13direct and the State Treasurer shall transfer the sum of
14$5,000,000 from the General Revenue Fund to the DoIT Special
15Projects Fund, and on June 1, 2022, or as soon thereafter as
16practical, but no later than June 30, 2022, the State
17Comptroller shall direct and the State Treasurer shall
18transfer the sum so transferred from the DoIT Special Projects
19Fund to the General Revenue Fund.
20    (v) In addition to any other transfers that may be
21provided for by law, on July 1, 2021, or as soon thereafter as
22practical, the State Comptroller shall direct and the State
23Treasurer shall transfer the sum of $500,000 from the General
24Revenue Fund to the Governor's Administrative Fund.
25    (w) In addition to any other transfers that may be
26provided for by law, on July 1, 2021, or as soon thereafter as

 

 

10200HB4700sam001- 146 -LRB102 24222 JDS 39045 a

1practical, the State Comptroller shall direct and the State
2Treasurer shall transfer the sum of $500,000 from the General
3Revenue Fund to the Grant Accountability and Transparency
4Fund.
5    (x) In addition to any other transfers that may be
6provided for by law, at a time or times during Fiscal Year 2022
7as directed by the Governor, the State Comptroller shall
8direct and the State Treasurer shall transfer up to a total of
9$20,000,000 from the General Revenue Fund to the Illinois
10Sports Facilities Fund to be credited to the Advance Account
11within the Fund.
12    (y) In addition to any other transfers that may be
13provided for by law, on June 15, 2021, or as soon thereafter as
14practical, but no later than June 30, 2021, the State
15Comptroller shall direct and the State Treasurer shall
16transfer the sum of $100,000,000 from the General Revenue Fund
17to the Technology Management Revolving Fund.
18    (z) In addition to any other transfers that may be
19provided for by law, on the effective date of this amendatory
20Act of the 102nd General Assembly, or as soon thereafter as
21practical, but no later than June 30, 2022, the State
22Comptroller shall direct and the State Treasurer shall
23transfer the sum of $148,000,000 from the General Revenue Fund
24to the Build Illinois Bond Fund.
25    (aa) In addition to any other transfers that may be
26provided for by law, on the effective date of this amendatory

 

 

10200HB4700sam001- 147 -LRB102 24222 JDS 39045 a

1Act of the 102nd General Assembly, or as soon thereafter as
2practical, but no later than June 30, 2022, the State
3Comptroller shall direct and the State Treasurer shall
4transfer the sum of $180,000,000 from the General Revenue Fund
5to the Rebuild Illinois Projects Fund.
6    (bb) In addition to any other transfers that may be
7provided for by law, on July 1, 2022, or as soon thereafter as
8practical, the State Comptroller shall direct and the State
9Treasurer shall transfer the sum of $500,000 from the General
10Revenue Fund to the Governor's Administrative Fund.
11    (cc) In addition to any other transfers that may be
12provided for by law, on July 1, 2022, or as soon thereafter as
13practical, the State Comptroller shall direct and the State
14Treasurer shall transfer the sum of $500,000 from the General
15Revenue Fund to the Grant Accountability and Transparency
16Fund.
17(Source: P.A. 101-10, eff. 6-5-19; 101-636, eff. 6-10-20;
18102-16, eff. 6-17-21.)
 
19    (30 ILCS 105/13.2)  (from Ch. 127, par. 149.2)
20    Sec. 13.2. Transfers among line item appropriations.
21    (a) Transfers among line item appropriations from the same
22treasury fund for the objects specified in this Section may be
23made in the manner provided in this Section when the balance
24remaining in one or more such line item appropriations is
25insufficient for the purpose for which the appropriation was

 

 

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1made.
2    (a-1) No transfers may be made from one agency to another
3agency, nor may transfers be made from one institution of
4higher education to another institution of higher education
5except as provided by subsection (a-4).
6    (a-2) Except as otherwise provided in this Section,
7transfers may be made only among the objects of expenditure
8enumerated in this Section, except that no funds may be
9transferred from any appropriation for personal services, from
10any appropriation for State contributions to the State
11Employees' Retirement System, from any separate appropriation
12for employee retirement contributions paid by the employer,
13nor from any appropriation for State contribution for employee
14group insurance.
15    (a-2.5) (Blank).
16    (a-3) Further, if an agency receives a separate
17appropriation for employee retirement contributions paid by
18the employer, any transfer by that agency into an
19appropriation for personal services must be accompanied by a
20corresponding transfer into the appropriation for employee
21retirement contributions paid by the employer, in an amount
22sufficient to meet the employer share of the employee
23contributions required to be remitted to the retirement
24system.
25    (a-4) Long-Term Care Rebalancing. The Governor may
26designate amounts set aside for institutional services

 

 

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1appropriated from the General Revenue Fund or any other State
2fund that receives monies for long-term care services to be
3transferred to all State agencies responsible for the
4administration of community-based long-term care programs,
5including, but not limited to, community-based long-term care
6programs administered by the Department of Healthcare and
7Family Services, the Department of Human Services, and the
8Department on Aging, provided that the Director of Healthcare
9and Family Services first certifies that the amounts being
10transferred are necessary for the purpose of assisting persons
11in or at risk of being in institutional care to transition to
12community-based settings, including the financial data needed
13to prove the need for the transfer of funds. The total amounts
14transferred shall not exceed 4% in total of the amounts
15appropriated from the General Revenue Fund or any other State
16fund that receives monies for long-term care services for each
17fiscal year. A notice of the fund transfer must be made to the
18General Assembly and posted at a minimum on the Department of
19Healthcare and Family Services website, the Governor's Office
20of Management and Budget website, and any other website the
21Governor sees fit. These postings shall serve as notice to the
22General Assembly of the amounts to be transferred. Notice
23shall be given at least 30 days prior to transfer.
24    (b) In addition to the general transfer authority provided
25under subsection (c), the following agencies have the specific
26transfer authority granted in this subsection:

 

 

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1    The Department of Healthcare and Family Services is
2authorized to make transfers representing savings attributable
3to not increasing grants due to the births of additional
4children from line items for payments of cash grants to line
5items for payments for employment and social services for the
6purposes outlined in subsection (f) of Section 4-2 of the
7Illinois Public Aid Code.
8    The Department of Children and Family Services is
9authorized to make transfers not exceeding 2% of the aggregate
10amount appropriated to it within the same treasury fund for
11the following line items among these same line items: Foster
12Home and Specialized Foster Care and Prevention, Institutions
13and Group Homes and Prevention, and Purchase of Adoption and
14Guardianship Services.
15    The Department on Aging is authorized to make transfers
16not exceeding 10% of the aggregate amount appropriated to it
17within the same treasury fund for the following Community Care
18Program line items among these same line items: purchase of
19services covered by the Community Care Program and
20Comprehensive Case Coordination.
21    The State Board of Education is authorized to make
22transfers from line item appropriations within the same
23treasury fund for General State Aid, General State Aid - Hold
24Harmless, and Evidence-Based Funding, provided that no such
25transfer may be made unless the amount transferred is no
26longer required for the purpose for which that appropriation

 

 

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1was made, to the line item appropriation for Transitional
2Assistance when the balance remaining in such line item
3appropriation is insufficient for the purpose for which the
4appropriation was made.
5    The State Board of Education is authorized to make
6transfers between the following line item appropriations
7within the same treasury fund: Disabled Student
8Services/Materials (Section 14-13.01 of the School Code),
9Disabled Student Transportation Reimbursement (Section
1014-13.01 of the School Code), Disabled Student Tuition -
11Private Tuition (Section 14-7.02 of the School Code),
12Extraordinary Special Education (Section 14-7.02b of the
13School Code), Reimbursement for Free Lunch/Breakfast Program,
14Summer School Payments (Section 18-4.3 of the School Code),
15and Transportation - Regular/Vocational Reimbursement (Section
1629-5 of the School Code). Such transfers shall be made only
17when the balance remaining in one or more such line item
18appropriations is insufficient for the purpose for which the
19appropriation was made and provided that no such transfer may
20be made unless the amount transferred is no longer required
21for the purpose for which that appropriation was made.
22    The Department of Healthcare and Family Services is
23authorized to make transfers not exceeding 4% of the aggregate
24amount appropriated to it, within the same treasury fund,
25among the various line items appropriated for Medical
26Assistance.

 

 

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1    The Department of Central Management Services is
2authorized to make transfers not exceeding 2% of the aggregate
3amount appropriated to it, within the same treasury fund, from
4the various line items appropriated to the Department, into
5the following line item appropriations: auto liability claims
6and related expenses and payment of claims under the State
7Employee Indemnification Act.
8    (c) The sum of such transfers for an agency in a fiscal
9year shall not exceed 2% of the aggregate amount appropriated
10to it within the same treasury fund for the following objects:
11Personal Services; Extra Help; Student and Inmate
12Compensation; State Contributions to Retirement Systems; State
13Contributions to Social Security; State Contribution for
14Employee Group Insurance; Contractual Services; Travel;
15Commodities; Printing; Equipment; Electronic Data Processing;
16Operation of Automotive Equipment; Telecommunications
17Services; Travel and Allowance for Committed, Paroled and
18Discharged Prisoners; Library Books; Federal Matching Grants
19for Student Loans; Refunds; Workers' Compensation,
20Occupational Disease, and Tort Claims; Late Interest Penalties
21under the State Prompt Payment Act and Sections 368a and 370a
22of the Illinois Insurance Code; and, in appropriations to
23institutions of higher education, Awards and Grants.
24Notwithstanding the above, any amounts appropriated for
25payment of workers' compensation claims to an agency to which
26the authority to evaluate, administer and pay such claims has

 

 

10200HB4700sam001- 153 -LRB102 24222 JDS 39045 a

1been delegated by the Department of Central Management
2Services may be transferred to any other expenditure object
3where such amounts exceed the amount necessary for the payment
4of such claims.
5    (c-1) (Blank).
6    (c-2) (Blank).
7    (c-3) (Blank).
8    (c-4) (Blank).
9    (c-5) (Blank).
10    (c-6) (Blank).
11    (c-7) (Blank). Special provisions for State fiscal year
122021. Notwithstanding any other provision of this Section, for
13State fiscal year 2021, transfers among line item
14appropriations to a State agency from the same State treasury
15fund may be made for operational or lump sum expenses only,
16provided that the sum of such transfers for a State agency in
17State fiscal year 2021 shall not exceed 8% of the aggregate
18amount appropriated to that State agency for operational or
19lump sum expenses for State fiscal year 2021. For the purpose
20of this subsection, "operational or lump sum expenses"
21includes the following objects: personal services; extra help;
22student and inmate compensation; State contributions to
23retirement systems; State contributions to social security;
24State contributions for employee group insurance; contractual
25services; travel; commodities; printing; equipment; electronic
26data processing; operation of automotive equipment;

 

 

10200HB4700sam001- 154 -LRB102 24222 JDS 39045 a

1telecommunications services; travel and allowance for
2committed, paroled, and discharged prisoners; library books;
3federal matching grants for student loans; refunds; workers'
4compensation, occupational disease, and tort claims; Late
5Interest Penalties under the State Prompt Payment Act and
6Sections 368a and 370a of the Illinois Insurance Code; lump
7sum and other purposes; and lump sum operations. For the
8purpose of this subsection, "State agency" does not include
9the Attorney General, the Secretary of State, the Comptroller,
10the Treasurer, or the judicial or legislative branches.
11    (c-8) Special provisions for State fiscal year 2022.
12Notwithstanding any other provision of this Section, for State
13fiscal year 2022, transfers among line item appropriations to
14a State agency from the same State treasury fund may be made
15for operational or lump sum expenses only, provided that the
16sum of such transfers for a State agency in State fiscal year
172022 shall not exceed 4% of the aggregate amount appropriated
18to that State agency for operational or lump sum expenses for
19State fiscal year 2022. For the purpose of this subsection,
20"operational or lump sum expenses" includes the following
21objects: personal services; extra help; student and inmate
22compensation; State contributions to retirement systems; State
23contributions to social security; State contributions for
24employee group insurance; contractual services; travel;
25commodities; printing; equipment; electronic data processing;
26operation of automotive equipment; telecommunications

 

 

10200HB4700sam001- 155 -LRB102 24222 JDS 39045 a

1services; travel and allowance for committed, paroled, and
2discharged prisoners; library books; federal matching grants
3for student loans; refunds; workers' compensation,
4occupational disease, and tort claims; Late Interest Penalties
5under the State Prompt Payment Act and Sections 368a and 370a
6of the Illinois Insurance Code; lump sum and other purposes;
7and lump sum operations. For the purpose of this subsection,
8"State agency" does not include the Attorney General, the
9Secretary of State, the Comptroller, the Treasurer, or the
10judicial or legislative branches.
11    (c-9) Special provisions for State fiscal year 2023.
12Notwithstanding any other provision of this Section, for State
13fiscal year 2023, transfers among line item appropriations to
14a State agency from the same State treasury fund may be made
15for operational or lump sum expenses only, provided that the
16sum of such transfers for a State agency in State fiscal year
172023 shall not exceed 4% of the aggregate amount appropriated
18to that State agency for operational or lump sum expenses for
19State fiscal year 2023. For the purpose of this subsection,
20"operational or lump sum expenses" includes the following
21objects: personal services; extra help; student and inmate
22compensation; State contributions to retirement systems; State
23contributions to social security; State contributions for
24employee group insurance; contractual services; travel;
25commodities; printing; equipment; electronic data processing;
26operation of automotive equipment; telecommunications

 

 

10200HB4700sam001- 156 -LRB102 24222 JDS 39045 a

1services; travel and allowance for committed, paroled, and
2discharged prisoners; library books; federal matching grants
3for student loans; refunds; workers' compensation,
4occupational disease, and tort claims; late interest penalties
5under the State Prompt Payment Act and Sections 368a and 370a
6of the Illinois Insurance Code; lump sum and other purposes;
7and lump sum operations. For the purpose of this subsection,
8"State agency" does not include the Attorney General, the
9Secretary of State, the Comptroller, the Treasurer, or the
10judicial or legislative branches.
11    (d) Transfers among appropriations made to agencies of the
12Legislative and Judicial departments and to the
13constitutionally elected officers in the Executive branch
14require the approval of the officer authorized in Section 10
15of this Act to approve and certify vouchers. Transfers among
16appropriations made to the University of Illinois, Southern
17Illinois University, Chicago State University, Eastern
18Illinois University, Governors State University, Illinois
19State University, Northeastern Illinois University, Northern
20Illinois University, Western Illinois University, the Illinois
21Mathematics and Science Academy and the Board of Higher
22Education require the approval of the Board of Higher
23Education and the Governor. Transfers among appropriations to
24all other agencies require the approval of the Governor.
25    The officer responsible for approval shall certify that
26the transfer is necessary to carry out the programs and

 

 

10200HB4700sam001- 157 -LRB102 24222 JDS 39045 a

1purposes for which the appropriations were made by the General
2Assembly and shall transmit to the State Comptroller a
3certified copy of the approval which shall set forth the
4specific amounts transferred so that the Comptroller may
5change his records accordingly. The Comptroller shall furnish
6the Governor with information copies of all transfers approved
7for agencies of the Legislative and Judicial departments and
8transfers approved by the constitutionally elected officials
9of the Executive branch other than the Governor, showing the
10amounts transferred and indicating the dates such changes were
11entered on the Comptroller's records.
12    (e) The State Board of Education, in consultation with the
13State Comptroller, may transfer line item appropriations for
14General State Aid or Evidence-Based Funding among the Common
15School Fund and the Education Assistance Fund, and, for State
16fiscal year 2020 and each fiscal year thereafter, the Fund for
17the Advancement of Education. With the advice and consent of
18the Governor's Office of Management and Budget, the State
19Board of Education, in consultation with the State
20Comptroller, may transfer line item appropriations between the
21General Revenue Fund and the Education Assistance Fund for the
22following programs:
23        (1) Disabled Student Personnel Reimbursement (Section
24    14-13.01 of the School Code);
25        (2) Disabled Student Transportation Reimbursement
26    (subsection (b) of Section 14-13.01 of the School Code);

 

 

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1        (3) Disabled Student Tuition - Private Tuition
2    (Section 14-7.02 of the School Code);
3        (4) Extraordinary Special Education (Section 14-7.02b
4    of the School Code);
5        (5) Reimbursement for Free Lunch/Breakfast Programs;
6        (6) Summer School Payments (Section 18-4.3 of the
7    School Code);
8        (7) Transportation - Regular/Vocational Reimbursement
9    (Section 29-5 of the School Code);
10        (8) Regular Education Reimbursement (Section 18-3 of
11    the School Code); and
12        (9) Special Education Reimbursement (Section 14-7.03
13    of the School Code).
14    (f) For State fiscal year 2020 and each fiscal year
15thereafter, the Department on Aging, in consultation with the
16State Comptroller, with the advice and consent of the
17Governor's Office of Management and Budget, may transfer line
18item appropriations for purchase of services covered by the
19Community Care Program between the General Revenue Fund and
20the Commitment to Human Services Fund.
21(Source: P.A. 101-10, eff. 6-5-19; 101-81, eff. 7-12-19;
22101-275, eff. 8-9-19; 101-636, eff. 6-10-20; 102-16, eff.
236-17-21.)
 
24    (30 ILCS 105/24.2)  (from Ch. 127, par. 160.2)
25    Sec. 24.2. The item "operation of automotive equipment",

 

 

10200HB4700sam001- 159 -LRB102 24222 JDS 39045 a

1when used in an appropriation act, means and includes all
2expenditures incurred in the operation, maintenance and repair
3of automotive equipment, including expenditures for motor
4fuel, tires, oil, electric vehicle batteries, electric vehicle
5components, electric vehicle diagnostic tools, repair parts,
6and other articles which, except for the operation of this
7Section section, would be classified as "commodities" or
8"contractual services", but not including expenditures for the
9purchase or rental of equipment.
10(Source: P.A. 84-428.)
 
11    (30 ILCS 105/25)  (from Ch. 127, par. 161)
12    Sec. 25. Fiscal year limitations.
13    (a) All appropriations shall be available for expenditure
14for the fiscal year or for a lesser period if the Act making
15that appropriation so specifies. A deficiency or emergency
16appropriation shall be available for expenditure only through
17June 30 of the year when the Act making that appropriation is
18enacted unless that Act otherwise provides.
19    (b) Outstanding liabilities as of June 30, payable from
20appropriations which have otherwise expired, may be paid out
21of the expiring appropriations during the 2-month period
22ending at the close of business on August 31. Any service
23involving professional or artistic skills or any personal
24services by an employee whose compensation is subject to
25income tax withholding must be performed as of June 30 of the

 

 

10200HB4700sam001- 160 -LRB102 24222 JDS 39045 a

1fiscal year in order to be considered an "outstanding
2liability as of June 30" that is thereby eligible for payment
3out of the expiring appropriation.
4    (b-1) However, payment of tuition reimbursement claims
5under Section 14-7.03 or 18-3 of the School Code may be made by
6the State Board of Education from its appropriations for those
7respective purposes for any fiscal year, even though the
8claims reimbursed by the payment may be claims attributable to
9a prior fiscal year, and payments may be made at the direction
10of the State Superintendent of Education from the fund from
11which the appropriation is made without regard to any fiscal
12year limitations, except as required by subsection (j) of this
13Section. Beginning on June 30, 2021, payment of tuition
14reimbursement claims under Section 14-7.03 or 18-3 of the
15School Code as of June 30, payable from appropriations that
16have otherwise expired, may be paid out of the expiring
17appropriation during the 4-month period ending at the close of
18business on October 31.
19    (b-2) (Blank).
20    (b-2.5) (Blank).
21    (b-2.6) (Blank).
22    (b-2.6a) (Blank).
23    (b-2.6b) (Blank).
24    (b-2.6c) (Blank).
25    (b-2.6d) All outstanding liabilities as of June 30, 2020,
26payable from appropriations that would otherwise expire at the

 

 

10200HB4700sam001- 161 -LRB102 24222 JDS 39045 a

1conclusion of the lapse period for fiscal year 2020, and
2interest penalties payable on those liabilities under the
3State Prompt Payment Act, may be paid out of the expiring
4appropriations until December 31, 2020, without regard to the
5fiscal year in which the payment is made, as long as vouchers
6for the liabilities are received by the Comptroller no later
7than September 30, 2020.
8    (b-2.6e) All outstanding liabilities as of June 30, 2021,
9payable from appropriations that would otherwise expire at the
10conclusion of the lapse period for fiscal year 2021, and
11interest penalties payable on those liabilities under the
12State Prompt Payment Act, may be paid out of the expiring
13appropriations until September 30, 2021, without regard to the
14fiscal year in which the payment is made.
15    (b-2.7) For fiscal years 2012, 2013, 2014, 2018, 2019,
162020, 2021, and 2022, and 2023, interest penalties payable
17under the State Prompt Payment Act associated with a voucher
18for which payment is issued after June 30 may be paid out of
19the next fiscal year's appropriation. The future year
20appropriation must be for the same purpose and from the same
21fund as the original payment. An interest penalty voucher
22submitted against a future year appropriation must be
23submitted within 60 days after the issuance of the associated
24voucher, except that, for fiscal year 2018 only, an interest
25penalty voucher submitted against a future year appropriation
26must be submitted within 60 days of June 5, 2019 (the effective

 

 

10200HB4700sam001- 162 -LRB102 24222 JDS 39045 a

1date of Public Act 101-10). The Comptroller must issue the
2interest payment within 60 days after acceptance of the
3interest voucher.
4    (b-3) Medical payments may be made by the Department of
5Veterans' Affairs from its appropriations for those purposes
6for any fiscal year, without regard to the fact that the
7medical services being compensated for by such payment may
8have been rendered in a prior fiscal year, except as required
9by subsection (j) of this Section. Beginning on June 30, 2021,
10medical payments payable from appropriations that have
11otherwise expired may be paid out of the expiring
12appropriation during the 4-month period ending at the close of
13business on October 31.
14    (b-4) Medical payments and child care payments may be made
15by the Department of Human Services (as successor to the
16Department of Public Aid) from appropriations for those
17purposes for any fiscal year, without regard to the fact that
18the medical or child care services being compensated for by
19such payment may have been rendered in a prior fiscal year; and
20payments may be made at the direction of the Department of
21Healthcare and Family Services (or successor agency) from the
22Health Insurance Reserve Fund without regard to any fiscal
23year limitations, except as required by subsection (j) of this
24Section. Beginning on June 30, 2021, medical and child care
25payments made by the Department of Human Services and payments
26made at the discretion of the Department of Healthcare and

 

 

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1Family Services (or successor agency) from the Health
2Insurance Reserve Fund and payable from appropriations that
3have otherwise expired may be paid out of the expiring
4appropriation during the 4-month period ending at the close of
5business on October 31.
6    (b-5) Medical payments may be made by the Department of
7Human Services from its appropriations relating to substance
8abuse treatment services for any fiscal year, without regard
9to the fact that the medical services being compensated for by
10such payment may have been rendered in a prior fiscal year,
11provided the payments are made on a fee-for-service basis
12consistent with requirements established for Medicaid
13reimbursement by the Department of Healthcare and Family
14Services, except as required by subsection (j) of this
15Section. Beginning on June 30, 2021, medical payments made by
16the Department of Human Services relating to substance abuse
17treatment services payable from appropriations that have
18otherwise expired may be paid out of the expiring
19appropriation during the 4-month period ending at the close of
20business on October 31.
21    (b-6) (Blank).
22    (b-7) Payments may be made in accordance with a plan
23authorized by paragraph (11) or (12) of Section 405-105 of the
24Department of Central Management Services Law from
25appropriations for those payments without regard to fiscal
26year limitations.

 

 

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1    (b-8) Reimbursements to eligible airport sponsors for the
2construction or upgrading of Automated Weather Observation
3Systems may be made by the Department of Transportation from
4appropriations for those purposes for any fiscal year, without
5regard to the fact that the qualification or obligation may
6have occurred in a prior fiscal year, provided that at the time
7the expenditure was made the project had been approved by the
8Department of Transportation prior to June 1, 2012 and, as a
9result of recent changes in federal funding formulas, can no
10longer receive federal reimbursement.
11    (b-9) (Blank).
12    (c) Further, payments may be made by the Department of
13Public Health and the Department of Human Services (acting as
14successor to the Department of Public Health under the
15Department of Human Services Act) from their respective
16appropriations for grants for medical care to or on behalf of
17premature and high-mortality risk infants and their mothers
18and for grants for supplemental food supplies provided under
19the United States Department of Agriculture Women, Infants and
20Children Nutrition Program, for any fiscal year without regard
21to the fact that the services being compensated for by such
22payment may have been rendered in a prior fiscal year, except
23as required by subsection (j) of this Section. Beginning on
24June 30, 2021, payments made by the Department of Public
25Health and the Department of Human Services from their
26respective appropriations for grants for medical care to or on

 

 

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1behalf of premature and high-mortality risk infants and their
2mothers and for grants for supplemental food supplies provided
3under the United States Department of Agriculture Women,
4Infants and Children Nutrition Program payable from
5appropriations that have otherwise expired may be paid out of
6the expiring appropriations during the 4-month period ending
7at the close of business on October 31.
8    (d) The Department of Public Health and the Department of
9Human Services (acting as successor to the Department of
10Public Health under the Department of Human Services Act)
11shall each annually submit to the State Comptroller, Senate
12President, Senate Minority Leader, Speaker of the House, House
13Minority Leader, and the respective Chairmen and Minority
14Spokesmen of the Appropriations Committees of the Senate and
15the House, on or before December 31, a report of fiscal year
16funds used to pay for services provided in any prior fiscal
17year. This report shall document by program or service
18category those expenditures from the most recently completed
19fiscal year used to pay for services provided in prior fiscal
20years.
21    (e) The Department of Healthcare and Family Services, the
22Department of Human Services (acting as successor to the
23Department of Public Aid), and the Department of Human
24Services making fee-for-service payments relating to substance
25abuse treatment services provided during a previous fiscal
26year shall each annually submit to the State Comptroller,

 

 

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1Senate President, Senate Minority Leader, Speaker of the
2House, House Minority Leader, the respective Chairmen and
3Minority Spokesmen of the Appropriations Committees of the
4Senate and the House, on or before November 30, a report that
5shall document by program or service category those
6expenditures from the most recently completed fiscal year used
7to pay for (i) services provided in prior fiscal years and (ii)
8services for which claims were received in prior fiscal years.
9    (f) The Department of Human Services (as successor to the
10Department of Public Aid) shall annually submit to the State
11Comptroller, Senate President, Senate Minority Leader, Speaker
12of the House, House Minority Leader, and the respective
13Chairmen and Minority Spokesmen of the Appropriations
14Committees of the Senate and the House, on or before December
1531, a report of fiscal year funds used to pay for services
16(other than medical care) provided in any prior fiscal year.
17This report shall document by program or service category
18those expenditures from the most recently completed fiscal
19year used to pay for services provided in prior fiscal years.
20    (g) In addition, each annual report required to be
21submitted by the Department of Healthcare and Family Services
22under subsection (e) shall include the following information
23with respect to the State's Medicaid program:
24        (1) Explanations of the exact causes of the variance
25    between the previous year's estimated and actual
26    liabilities.

 

 

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1        (2) Factors affecting the Department of Healthcare and
2    Family Services' liabilities, including, but not limited
3    to, numbers of aid recipients, levels of medical service
4    utilization by aid recipients, and inflation in the cost
5    of medical services.
6        (3) The results of the Department's efforts to combat
7    fraud and abuse.
8    (h) As provided in Section 4 of the General Assembly
9Compensation Act, any utility bill for service provided to a
10General Assembly member's district office for a period
11including portions of 2 consecutive fiscal years may be paid
12from funds appropriated for such expenditure in either fiscal
13year.
14    (i) An agency which administers a fund classified by the
15Comptroller as an internal service fund may issue rules for:
16        (1) billing user agencies in advance for payments or
17    authorized inter-fund transfers based on estimated charges
18    for goods or services;
19        (2) issuing credits, refunding through inter-fund
20    transfers, or reducing future inter-fund transfers during
21    the subsequent fiscal year for all user agency payments or
22    authorized inter-fund transfers received during the prior
23    fiscal year which were in excess of the final amounts owed
24    by the user agency for that period; and
25        (3) issuing catch-up billings to user agencies during
26    the subsequent fiscal year for amounts remaining due when

 

 

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1    payments or authorized inter-fund transfers received from
2    the user agency during the prior fiscal year were less
3    than the total amount owed for that period.
4User agencies are authorized to reimburse internal service
5funds for catch-up billings by vouchers drawn against their
6respective appropriations for the fiscal year in which the
7catch-up billing was issued or by increasing an authorized
8inter-fund transfer during the current fiscal year. For the
9purposes of this Act, "inter-fund transfers" means transfers
10without the use of the voucher-warrant process, as authorized
11by Section 9.01 of the State Comptroller Act.
12    (i-1) Beginning on July 1, 2021, all outstanding
13liabilities, not payable during the 4-month lapse period as
14described in subsections (b-1), (b-3), (b-4), (b-5), and (c)
15of this Section, that are made from appropriations for that
16purpose for any fiscal year, without regard to the fact that
17the services being compensated for by those payments may have
18been rendered in a prior fiscal year, are limited to only those
19claims that have been incurred but for which a proper bill or
20invoice as defined by the State Prompt Payment Act has not been
21received by September 30th following the end of the fiscal
22year in which the service was rendered.
23    (j) Notwithstanding any other provision of this Act, the
24aggregate amount of payments to be made without regard for
25fiscal year limitations as contained in subsections (b-1),
26(b-3), (b-4), (b-5), and (c) of this Section, and determined

 

 

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1by using Generally Accepted Accounting Principles, shall not
2exceed the following amounts:
3        (1) $6,000,000,000 for outstanding liabilities related
4    to fiscal year 2012;
5        (2) $5,300,000,000 for outstanding liabilities related
6    to fiscal year 2013;
7        (3) $4,600,000,000 for outstanding liabilities related
8    to fiscal year 2014;
9        (4) $4,000,000,000 for outstanding liabilities related
10    to fiscal year 2015;
11        (5) $3,300,000,000 for outstanding liabilities related
12    to fiscal year 2016;
13        (6) $2,600,000,000 for outstanding liabilities related
14    to fiscal year 2017;
15        (7) $2,000,000,000 for outstanding liabilities related
16    to fiscal year 2018;
17        (8) $1,300,000,000 for outstanding liabilities related
18    to fiscal year 2019;
19        (9) $600,000,000 for outstanding liabilities related
20    to fiscal year 2020; and
21        (10) $0 for outstanding liabilities related to fiscal
22    year 2021 and fiscal years thereafter.
23    (k) Department of Healthcare and Family Services Medical
24Assistance Payments.
25        (1) Definition of Medical Assistance.
26            For purposes of this subsection, the term "Medical

 

 

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1        Assistance" shall include, but not necessarily be
2        limited to, medical programs and services authorized
3        under Titles XIX and XXI of the Social Security Act,
4        the Illinois Public Aid Code, the Children's Health
5        Insurance Program Act, the Covering ALL KIDS Health
6        Insurance Act, the Long Term Acute Care Hospital
7        Quality Improvement Transfer Program Act, and medical
8        care to or on behalf of persons suffering from chronic
9        renal disease, persons suffering from hemophilia, and
10        victims of sexual assault.
11        (2) Limitations on Medical Assistance payments that
12    may be paid from future fiscal year appropriations.
13            (A) The maximum amounts of annual unpaid Medical
14        Assistance bills received and recorded by the
15        Department of Healthcare and Family Services on or
16        before June 30th of a particular fiscal year
17        attributable in aggregate to the General Revenue Fund,
18        Healthcare Provider Relief Fund, Tobacco Settlement
19        Recovery Fund, Long-Term Care Provider Fund, and the
20        Drug Rebate Fund that may be paid in total by the
21        Department from future fiscal year Medical Assistance
22        appropriations to those funds are: $700,000,000 for
23        fiscal year 2013 and $100,000,000 for fiscal year 2014
24        and each fiscal year thereafter.
25            (B) Bills for Medical Assistance services rendered
26        in a particular fiscal year, but received and recorded

 

 

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1        by the Department of Healthcare and Family Services
2        after June 30th of that fiscal year, may be paid from
3        either appropriations for that fiscal year or future
4        fiscal year appropriations for Medical Assistance.
5        Such payments shall not be subject to the requirements
6        of subparagraph (A).
7            (C) Medical Assistance bills received by the
8        Department of Healthcare and Family Services in a
9        particular fiscal year, but subject to payment amount
10        adjustments in a future fiscal year may be paid from a
11        future fiscal year's appropriation for Medical
12        Assistance. Such payments shall not be subject to the
13        requirements of subparagraph (A).
14            (D) Medical Assistance payments made by the
15        Department of Healthcare and Family Services from
16        funds other than those specifically referenced in
17        subparagraph (A) may be made from appropriations for
18        those purposes for any fiscal year without regard to
19        the fact that the Medical Assistance services being
20        compensated for by such payment may have been rendered
21        in a prior fiscal year. Such payments shall not be
22        subject to the requirements of subparagraph (A).
23        (3) Extended lapse period for Department of Healthcare
24    and Family Services Medical Assistance payments.
25    Notwithstanding any other State law to the contrary,
26    outstanding Department of Healthcare and Family Services

 

 

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1    Medical Assistance liabilities, as of June 30th, payable
2    from appropriations which have otherwise expired, may be
3    paid out of the expiring appropriations during the 4-month
4    period ending at the close of business on October 31st.
5    (l) The changes to this Section made by Public Act 97-691
6shall be effective for payment of Medical Assistance bills
7incurred in fiscal year 2013 and future fiscal years. The
8changes to this Section made by Public Act 97-691 shall not be
9applied to Medical Assistance bills incurred in fiscal year
102012 or prior fiscal years.
11    (m) The Comptroller must issue payments against
12outstanding liabilities that were received prior to the lapse
13period deadlines set forth in this Section as soon thereafter
14as practical, but no payment may be issued after the 4 months
15following the lapse period deadline without the signed
16authorization of the Comptroller and the Governor.
17(Source: P.A. 101-10, eff. 6-5-19; 101-275, eff. 8-9-19;
18101-636, eff. 6-10-20; 102-16, eff. 6-17-21; 102-291, eff.
198-6-21; revised 9-28-21.)
 
20    Section 5-40. The State Revenue Sharing Act is amended by
21changing Section 12 as follows:
 
22    (30 ILCS 115/12)  (from Ch. 85, par. 616)
23    Sec. 12. Personal Property Tax Replacement Fund. There is
24hereby created the Personal Property Tax Replacement Fund, a

 

 

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1special fund in the State Treasury into which shall be paid all
2revenue realized:
3        (a) all amounts realized from the additional personal
4    property tax replacement income tax imposed by subsections
5    (c) and (d) of Section 201 of the Illinois Income Tax Act,
6    except for those amounts deposited into the Income Tax
7    Refund Fund pursuant to subsection (c) of Section 901 of
8    the Illinois Income Tax Act; and
9        (b) all amounts realized from the additional personal
10    property replacement invested capital taxes imposed by
11    Section 2a.1 of the Messages Tax Act, Section 2a.1 of the
12    Gas Revenue Tax Act, Section 2a.1 of the Public Utilities
13    Revenue Act, and Section 3 of the Water Company Invested
14    Capital Tax Act, and amounts payable to the Department of
15    Revenue under the Telecommunications Infrastructure
16    Maintenance Fee Act.
17    As soon as may be after the end of each month, the
18Department of Revenue shall certify to the Treasurer and the
19Comptroller the amount of all refunds paid out of the General
20Revenue Fund through the preceding month on account of
21overpayment of liability on taxes paid into the Personal
22Property Tax Replacement Fund. Upon receipt of such
23certification, the Treasurer and the Comptroller shall
24transfer the amount so certified from the Personal Property
25Tax Replacement Fund into the General Revenue Fund.
26    The payments of revenue into the Personal Property Tax

 

 

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1Replacement Fund shall be used exclusively for distribution to
2taxing districts, regional offices and officials, and local
3officials as provided in this Section and in the School Code,
4payment of the ordinary and contingent expenses of the
5Property Tax Appeal Board, payment of the expenses of the
6Department of Revenue incurred in administering the collection
7and distribution of monies paid into the Personal Property Tax
8Replacement Fund and transfers due to refunds to taxpayers for
9overpayment of liability for taxes paid into the Personal
10Property Tax Replacement Fund.
11    In addition, moneys in the Personal Property Tax
12Replacement Fund may be used to pay any of the following: (i)
13salary, stipends, and additional compensation as provided by
14law for chief election clerks, county clerks, and county
15recorders; (ii) costs associated with regional offices of
16education and educational service centers; (iii)
17reimbursements payable by the State Board of Elections under
18Section 4-25, 5-35, 6-71, 13-10, 13-10a, or 13-11 of the
19Election Code; (iv) expenses of the Illinois Educational Labor
20Relations Board; and (v) salary, personal services, and
21additional compensation as provided by law for court reporters
22under the Court Reporters Act.
23    As soon as may be after June 26, 1980 (the effective date
24of Public Act 81-1255), the Department of Revenue shall
25certify to the Treasurer the amount of net replacement revenue
26paid into the General Revenue Fund prior to that effective

 

 

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1date from the additional tax imposed by Section 2a.1 of the
2Messages Tax Act; Section 2a.1 of the Gas Revenue Tax Act;
3Section 2a.1 of the Public Utilities Revenue Act; Section 3 of
4the Water Company Invested Capital Tax Act; amounts collected
5by the Department of Revenue under the Telecommunications
6Infrastructure Maintenance Fee Act; and the additional
7personal property tax replacement income tax imposed by the
8Illinois Income Tax Act, as amended by Public Act 81-1st
9Special Session-1. Net replacement revenue shall be defined as
10the total amount paid into and remaining in the General
11Revenue Fund as a result of those Acts minus the amount
12outstanding and obligated from the General Revenue Fund in
13state vouchers or warrants prior to June 26, 1980 (the
14effective date of Public Act 81-1255) as refunds to taxpayers
15for overpayment of liability under those Acts.
16    All interest earned by monies accumulated in the Personal
17Property Tax Replacement Fund shall be deposited in such Fund.
18All amounts allocated pursuant to this Section are
19appropriated on a continuing basis.
20    Prior to December 31, 1980, as soon as may be after the end
21of each quarter beginning with the quarter ending December 31,
221979, and on and after December 31, 1980, as soon as may be
23after January 1, March 1, April 1, May 1, July 1, August 1,
24October 1 and December 1 of each year, the Department of
25Revenue shall allocate to each taxing district as defined in
26Section 1-150 of the Property Tax Code, in accordance with the

 

 

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1provisions of paragraph (2) of this Section the portion of the
2funds held in the Personal Property Tax Replacement Fund which
3is required to be distributed, as provided in paragraph (1),
4for each quarter. Provided, however, under no circumstances
5shall any taxing district during each of the first two years of
6distribution of the taxes imposed by Public Act 81-1st Special
7Session-1 be entitled to an annual allocation which is less
8than the funds such taxing district collected from the 1978
9personal property tax. Provided further that under no
10circumstances shall any taxing district during the third year
11of distribution of the taxes imposed by Public Act 81-1st
12Special Session-1 receive less than 60% of the funds such
13taxing district collected from the 1978 personal property tax.
14In the event that the total of the allocations made as above
15provided for all taxing districts, during either of such 3
16years, exceeds the amount available for distribution the
17allocation of each taxing district shall be proportionately
18reduced. Except as provided in Section 13 of this Act, the
19Department shall then certify, pursuant to appropriation, such
20allocations to the State Comptroller who shall pay over to the
21several taxing districts the respective amounts allocated to
22them.
23    Any township which receives an allocation based in whole
24or in part upon personal property taxes which it levied
25pursuant to Section 6-507 or 6-512 of the Illinois Highway
26Code and which was previously required to be paid over to a

 

 

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1municipality shall immediately pay over to that municipality a
2proportionate share of the personal property replacement funds
3which such township receives.
4    Any municipality or township, other than a municipality
5with a population in excess of 500,000, which receives an
6allocation based in whole or in part on personal property
7taxes which it levied pursuant to Sections 3-1, 3-4 and 3-6 of
8the Illinois Local Library Act and which was previously
9required to be paid over to a public library shall immediately
10pay over to that library a proportionate share of the personal
11property tax replacement funds which such municipality or
12township receives; provided that if such a public library has
13converted to a library organized under the Illinois Public
14Library District Act, regardless of whether such conversion
15has occurred on, after or before January 1, 1988, such
16proportionate share shall be immediately paid over to the
17library district which maintains and operates the library.
18However, any library that has converted prior to January 1,
191988, and which hitherto has not received the personal
20property tax replacement funds, shall receive such funds
21commencing on January 1, 1988.
22    Any township which receives an allocation based in whole
23or in part on personal property taxes which it levied pursuant
24to Section 1c of the Public Graveyards Act and which taxes were
25previously required to be paid over to or used for such public
26cemetery or cemeteries shall immediately pay over to or use

 

 

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1for such public cemetery or cemeteries a proportionate share
2of the personal property tax replacement funds which the
3township receives.
4    Any taxing district which receives an allocation based in
5whole or in part upon personal property taxes which it levied
6for another governmental body or school district in Cook
7County in 1976 or for another governmental body or school
8district in the remainder of the State in 1977 shall
9immediately pay over to that governmental body or school
10district the amount of personal property replacement funds
11which such governmental body or school district would receive
12directly under the provisions of paragraph (2) of this
13Section, had it levied its own taxes.
14        (1) The portion of the Personal Property Tax
15    Replacement Fund required to be distributed as of the time
16    allocation is required to be made shall be the amount
17    available in such Fund as of the time allocation is
18    required to be made.
19        The amount available for distribution shall be the
20    total amount in the fund at such time minus the necessary
21    administrative and other authorized expenses as limited by
22    the appropriation and the amount determined by: (a) $2.8
23    million for fiscal year 1981; (b) for fiscal year 1982,
24    .54% of the funds distributed from the fund during the
25    preceding fiscal year; (c) for fiscal year 1983 through
26    fiscal year 1988, .54% of the funds distributed from the

 

 

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1    fund during the preceding fiscal year less .02% of such
2    fund for fiscal year 1983 and less .02% of such funds for
3    each fiscal year thereafter; (d) for fiscal year 1989
4    through fiscal year 2011 no more than 105% of the actual
5    administrative expenses of the prior fiscal year; (e) for
6    fiscal year 2012 and beyond, a sufficient amount to pay
7    (i) stipends, additional compensation, salary
8    reimbursements, and other amounts directed to be paid out
9    of this Fund for local officials as authorized or required
10    by statute and (ii) the ordinary and contingent expenses
11    of the Property Tax Appeal Board and the expenses of the
12    Department of Revenue incurred in administering the
13    collection and distribution of moneys paid into the Fund;
14    (f) for fiscal years 2012 and 2013 only, a sufficient
15    amount to pay stipends, additional compensation, salary
16    reimbursements, and other amounts directed to be paid out
17    of this Fund for regional offices and officials as
18    authorized or required by statute; or (g) for fiscal years
19    2018 through 2023 2022 only, a sufficient amount to pay
20    amounts directed to be paid out of this Fund for public
21    community college base operating grants and local health
22    protection grants to certified local health departments as
23    authorized or required by appropriation or statute. Such
24    portion of the fund shall be determined after the transfer
25    into the General Revenue Fund due to refunds, if any, paid
26    from the General Revenue Fund during the preceding

 

 

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1    quarter. If at any time, for any reason, there is
2    insufficient amount in the Personal Property Tax
3    Replacement Fund for payments for regional offices and
4    officials or local officials or payment of costs of
5    administration or for transfers due to refunds at the end
6    of any particular month, the amount of such insufficiency
7    shall be carried over for the purposes of payments for
8    regional offices and officials, local officials, transfers
9    into the General Revenue Fund, and costs of administration
10    to the following month or months. Net replacement revenue
11    held, and defined above, shall be transferred by the
12    Treasurer and Comptroller to the Personal Property Tax
13    Replacement Fund within 10 days of such certification.
14        (2) Each quarterly allocation shall first be
15    apportioned in the following manner: 51.65% for taxing
16    districts in Cook County and 48.35% for taxing districts
17    in the remainder of the State.
18    The Personal Property Replacement Ratio of each taxing
19district outside Cook County shall be the ratio which the Tax
20Base of that taxing district bears to the Downstate Tax Base.
21The Tax Base of each taxing district outside of Cook County is
22the personal property tax collections for that taxing district
23for the 1977 tax year. The Downstate Tax Base is the personal
24property tax collections for all taxing districts in the State
25outside of Cook County for the 1977 tax year. The Department of
26Revenue shall have authority to review for accuracy and

 

 

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1completeness the personal property tax collections for each
2taxing district outside Cook County for the 1977 tax year.
3    The Personal Property Replacement Ratio of each Cook
4County taxing district shall be the ratio which the Tax Base of
5that taxing district bears to the Cook County Tax Base. The Tax
6Base of each Cook County taxing district is the personal
7property tax collections for that taxing district for the 1976
8tax year. The Cook County Tax Base is the personal property tax
9collections for all taxing districts in Cook County for the
101976 tax year. The Department of Revenue shall have authority
11to review for accuracy and completeness the personal property
12tax collections for each taxing district within Cook County
13for the 1976 tax year.
14    For all purposes of this Section 12, amounts paid to a
15taxing district for such tax years as may be applicable by a
16foreign corporation under the provisions of Section 7-202 of
17the Public Utilities Act, as amended, shall be deemed to be
18personal property taxes collected by such taxing district for
19such tax years as may be applicable. The Director shall
20determine from the Illinois Commerce Commission, for any tax
21year as may be applicable, the amounts so paid by any such
22foreign corporation to any and all taxing districts. The
23Illinois Commerce Commission shall furnish such information to
24the Director. For all purposes of this Section 12, the
25Director shall deem such amounts to be collected personal
26property taxes of each such taxing district for the applicable

 

 

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1tax year or years.
2    Taxing districts located both in Cook County and in one or
3more other counties shall receive both a Cook County
4allocation and a Downstate allocation determined in the same
5way as all other taxing districts.
6    If any taxing district in existence on July 1, 1979 ceases
7to exist, or discontinues its operations, its Tax Base shall
8thereafter be deemed to be zero. If the powers, duties and
9obligations of the discontinued taxing district are assumed by
10another taxing district, the Tax Base of the discontinued
11taxing district shall be added to the Tax Base of the taxing
12district assuming such powers, duties and obligations.
13    If two or more taxing districts in existence on July 1,
141979, or a successor or successors thereto shall consolidate
15into one taxing district, the Tax Base of such consolidated
16taxing district shall be the sum of the Tax Bases of each of
17the taxing districts which have consolidated.
18    If a single taxing district in existence on July 1, 1979,
19or a successor or successors thereto shall be divided into two
20or more separate taxing districts, the tax base of the taxing
21district so divided shall be allocated to each of the
22resulting taxing districts in proportion to the then current
23equalized assessed value of each resulting taxing district.
24    If a portion of the territory of a taxing district is
25disconnected and annexed to another taxing district of the
26same type, the Tax Base of the taxing district from which

 

 

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1disconnection was made shall be reduced in proportion to the
2then current equalized assessed value of the disconnected
3territory as compared with the then current equalized assessed
4value within the entire territory of the taxing district prior
5to disconnection, and the amount of such reduction shall be
6added to the Tax Base of the taxing district to which
7annexation is made.
8    If a community college district is created after July 1,
91979, beginning on January 1, 1996 (the effective date of
10Public Act 89-327), its Tax Base shall be 3.5% of the sum of
11the personal property tax collected for the 1977 tax year
12within the territorial jurisdiction of the district.
13    The amounts allocated and paid to taxing districts
14pursuant to the provisions of Public Act 81-1st Special
15Session-1 shall be deemed to be substitute revenues for the
16revenues derived from taxes imposed on personal property
17pursuant to the provisions of the "Revenue Act of 1939" or "An
18Act for the assessment and taxation of private car line
19companies", approved July 22, 1943, as amended, or Section 414
20of the Illinois Insurance Code, prior to the abolition of such
21taxes and shall be used for the same purposes as the revenues
22derived from ad valorem taxes on real estate.
23    Monies received by any taxing districts from the Personal
24Property Tax Replacement Fund shall be first applied toward
25payment of the proportionate amount of debt service which was
26previously levied and collected from extensions against

 

 

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1personal property on bonds outstanding as of December 31, 1978
2and next applied toward payment of the proportionate share of
3the pension or retirement obligations of the taxing district
4which were previously levied and collected from extensions
5against personal property. For each such outstanding bond
6issue, the County Clerk shall determine the percentage of the
7debt service which was collected from extensions against real
8estate in the taxing district for 1978 taxes payable in 1979,
9as related to the total amount of such levies and collections
10from extensions against both real and personal property. For
111979 and subsequent years' taxes, the County Clerk shall levy
12and extend taxes against the real estate of each taxing
13district which will yield the said percentage or percentages
14of the debt service on such outstanding bonds. The balance of
15the amount necessary to fully pay such debt service shall
16constitute a first and prior lien upon the monies received by
17each such taxing district through the Personal Property Tax
18Replacement Fund and shall be first applied or set aside for
19such purpose. In counties having fewer than 3,000,000
20inhabitants, the amendments to this paragraph as made by
21Public Act 81-1255 shall be first applicable to 1980 taxes to
22be collected in 1981.
23(Source: P.A. 101-10, eff. 6-5-19; 101-636, eff. 6-10-20;
24102-16, eff. 6-17-21.)
 
25    Section 5-47. The Agricultural Fair Act is amended by

 

 

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1changing Sections 5, 6, 10, and 13 as follows:
 
2    (30 ILCS 120/5)  (from Ch. 85, par. 655)
3    Sec. 5. To qualify for disbursements made by the
4Department from an appropriation made under provisions of this
5Act, each county fair should notify the Department in writing
6of its declaration of intent to participate by December 31 of
7the year preceding the year in which such distribution shall
8be made. The DeWitt County Fair shall qualify for
9disbursements made by the Department from an appropriation
10made under the provisions of this Act in fiscal years 2022 and
112023, subject to appropriation, and provided the DeWitt County
12Fair notifies the Department in writing of its declaration of
13intent to participate within 30 days after the effective date
14of this amendatory Act of the 102nd General Assembly. The
15notification shall state the following: facts of its
16organization, location, officers, dates of exhibitions and
17approximate amount of premiums to be offered.
18(Source: P.A. 91-934, eff. 6-1-01.)
 
19    (30 ILCS 120/6)  (from Ch. 85, par. 656)
20    Sec. 6. After August 20, 1971, the General Assembly and
21the Director shall approve the organization of new county
22fairs that shall be established for the purpose of holding
23annual fairs, provided that an element of such approval shall
24be an appropriation in a separate bill authorizing such fairs'

 

 

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1participation in the disbursements provided for in this Act.
2(Source: P.A. 81-159.)
 
3    (30 ILCS 120/10)  (from Ch. 85, par. 660)
4    Sec. 10. (a) Effective with fiscal year 1987, each county
5fair's authorized base shall be set at 66 2/3% of the approved
6amount of premium paid in either fiscal year 1984 or 1985,
7whichever year has the largest approved amount. The authorized
8base of the Gallatin, Montgomery and Massac county fairs for
9fiscal years 1987 and 1988 shall be $15,000 each. Subject to
10appropriation, the authorized base of the DeWitt County Fair
11for fiscal years 2022 and 2023 shall be $20,000 each. If there
12is a change in the appropriation, the Director shall allocate
13to each fair the same percentages of that appropriation as it
14received of the authorized bases for all fairs.
15    (b) The Department shall reimburse each eligible county
16fair as follows:
17    100% of the first $2,000 of approved premiums awarded at
18each eligible county fair;
19    85% of the next $2,000;
20    75% of the next $3,000;
21    65% of the next $3,000;
22    55% of the next $4,000; and
23    50% of the remaining premiums paid until the total
24reimbursement equals the authorized base amount for each fair.
25    (c) If, after all approved state aid claims are paid for

 

 

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1the current year pursuant to subsection (b) of this Section,
2any amount remains in the appropriations for state aid, that
3remaining amount shall be distributed on a grant basis. If the
4total amount of excess approved state aid claims over the
5authorized base is equal to or less than the remaining amount
6appropriated for state aid, then each participating fair shall
7receive a grant equivalent to the excess of its approved claim
8over its authorized base. If the total amount of excess
9approved state aid claims exceeds the remaining monies
10appropriated for state aid, the grants shall be distributed to
11the participating fairs in proportion to the total amounts of
12their respective excess approved claims. If, after all
13approved claims are paid, any amount remains, that amount
14shall be distributed to all county fairs eligible under this
15Section in proportion to their total state aid claims. Fairs
16filing approved claims exceeding both their authorized base
17and the grant provided for in this subsection shall
18participate in the Growth Incentive Program set forth in
19Section 10.1.
20    Grant monies received by a county fair shall be used only
21for premiums, awards, judge's fees, and other expenses
22incurred by the fair which are directly related to the
23operation of the fair and approved by regulation of the
24Department. Each fair shall file with the Department a fiscal
25accounting of the expenditure of the grant monies received
26under this subsection each year at the same time it files its

 

 

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1report under Section 12 in relation to the fair held in the
2next succeeding year.
3    Effective with fiscal year 1989 and each odd numbered
4fiscal year thereafter, the authorized base of all
5participating county fairs shall be adjusted by applying 66
62/3% to the amount of approved premiums paid in the highest of
7the previous 2 fiscal years.
8(Source: P.A. 91-934, eff. 6-1-01.)
 
9    (30 ILCS 120/13)  (from Ch. 85, par. 663)
10    Sec. 13. Rehabilitation. Except as otherwise allowed by
11the Director, to qualify for disbursements made by the
12Department from an appropriation made under the provisions of
13this Section, the land on which the fair is held must be owned
14by the county fair board participating in this disbursement or
15by a State, city, village, or county government body, or be
16held under a lease that is at least 20 years in duration, the
17terms of which require the lessee to have continuous
18possession of the land during every day of the lease period. No
19county fair shall qualify for disbursements made by the
20Department from an appropriation made under the provisions of
21this Section unless it shall have notified the Department in
22writing of its intent to participate prior to obligating any
23funds for which reimbursement will be requested. Each county
24fair shall be reimbursed annually for that part of the amount
25expended by the fair during the year for liability and

 

 

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1casualty insurance, as provided in this Section, and the
2rehabilitation of its grounds, including major construction
3projects and minor maintenance and repair projects; as
4follows:
5    100% of the first $5,000 or any part thereof;
6    75% of the next $20,000 or any part thereof;
7    50% of the next $20,000 or any part thereof.
8    The lesser of either $20,000 or 50% of the amount received
9by a county fair pursuant to this Section may be expended for
10liability and casualty insurance.
11    The maximum amount the DeWitt County Fair may be
12reimbursed in each of fiscal years 2022 and 2023, subject to
13appropriation, is $13,250.
14    If a county fair expends more than is needed in any year
15for approved projects to maximize State reimbursement under
16this Section and provides itemized receipts and other evidence
17of expenditures for that year, any excess may be carried over
18to the succeeding year. The amount carried over shall
19constitute a claim for reimbursement for a subsequent period
20not to exceed 7 years as long as funds are available.
21    Before June 30 of each year, the president and secretary
22of each county fair which has participated in this program
23shall file with the Department a sworn statement of the amount
24expended during the period July 1 to June 30 of the State's
25fiscal year, accompanied by itemized receipted bills and other
26evidence of expenditures. If the Department approves the

 

 

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1claim, the State Comptroller is authorized and directed to
2draw a warrant payable from the Agricultural Premium Fund on
3the State Treasurer for the amount of the rehabilitation
4claims.
5    If after all claims are paid, there remains any amount of
6the appropriation for rehabilitation, the remaining amount
7shall be distributed as a grant to the participating fairs
8qualifying for the maximum reimbursement and shall be
9distributed to the eligible fairs on an equal basis not to
10exceed each eligible fair's pro rata share granted in this
11paragraph. A sworn statement of the amount expended
12accompanied by the itemized receipted bills as evidence of
13expenditure must be filed with the Department by June 30 of
14each year.
15(Source: P.A. 94-261, eff. 1-1-06.)
 
16    Section 5-48. The General Obligation Bond Act is amended
17by changing Section 15 as follows:
 
18    (30 ILCS 330/15)  (from Ch. 127, par. 665)
19    Sec. 15. Computation of principal and interest; transfers.
20    (a) Upon each delivery of Bonds authorized to be issued
21under this Act, the Comptroller shall compute and certify to
22the Treasurer the total amount of principal of, interest on,
23and premium, if any, on Bonds issued that will be payable in
24order to retire such Bonds, the amount of principal of,

 

 

10200HB4700sam001- 191 -LRB102 24222 JDS 39045 a

1interest on and premium, if any, on such Bonds that will be
2payable on each payment date according to the tenor of such
3Bonds during the then current and each succeeding fiscal year,
4and the amount of sinking fund payments needed to be deposited
5in connection with Qualified School Construction Bonds
6authorized by subsection (e) of Section 9. With respect to the
7interest payable on variable rate bonds, such certifications
8shall be calculated at the maximum rate of interest that may be
9payable during the fiscal year, after taking into account any
10credits permitted in the related indenture or other instrument
11against the amount of such interest required to be
12appropriated for such period pursuant to subsection (c) of
13Section 14 of this Act. With respect to the interest payable,
14such certifications shall include the amounts certified by the
15Director of the Governor's Office of Management and Budget
16under subsection (b) of Section 9 of this Act.
17    On or before the last day of each month the State Treasurer
18and Comptroller shall transfer from (1) the Road Fund with
19respect to Bonds issued under paragraphs (a) and (e) of
20Section 4 of this Act, or Bonds issued under authorization in
21Public Act 98-781, or Bonds issued for the purpose of
22refunding such bonds, and from (2) the General Revenue Fund,
23with respect to all other Bonds issued under this Act, to the
24General Obligation Bond Retirement and Interest Fund an amount
25sufficient to pay the aggregate of the principal of, interest
26on, and premium, if any, on Bonds payable, by their terms on

 

 

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1the next payment date divided by the number of full calendar
2months between the date of such Bonds and the first such
3payment date, and thereafter, divided by the number of months
4between each succeeding payment date after the first. Such
5computations and transfers shall be made for each series of
6Bonds issued and delivered. Interest payable on variable rate
7bonds shall be calculated at the maximum rate of interest that
8may be payable for the relevant period, after taking into
9account any credits permitted in the related indenture or
10other instrument against the amount of such interest required
11to be appropriated for such period pursuant to subsection (c)
12of Section 14 of this Act. Computations of interest shall
13include the amounts certified by the Director of the
14Governor's Office of Management and Budget under subsection
15(b) of Section 9 of this Act. Interest for which moneys have
16already been deposited into the capitalized interest account
17within the General Obligation Bond Retirement and Interest
18Fund shall not be included in the calculation of the amounts to
19be transferred under this subsection. Notwithstanding any
20other provision in this Section, the transfer provisions
21provided in this paragraph shall not apply to transfers made
22in fiscal year 2010 or fiscal year 2011 with respect to Bonds
23issued in fiscal year 2010 or fiscal year 2011 pursuant to
24Section 7.2 of this Act. In the case of transfers made in
25fiscal year 2010 or fiscal year 2011 with respect to the Bonds
26issued in fiscal year 2010 or fiscal year 2011 pursuant to

 

 

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1Section 7.2 of this Act, on or before the 15th day of the month
2prior to the required debt service payment, the State
3Treasurer and Comptroller shall transfer from the General
4Revenue Fund to the General Obligation Bond Retirement and
5Interest Fund an amount sufficient to pay the aggregate of the
6principal of, interest on, and premium, if any, on the Bonds
7payable in that next month.
8    The transfer of monies herein and above directed is not
9required if monies in the General Obligation Bond Retirement
10and Interest Fund are more than the amount otherwise to be
11transferred as herein above provided, and if the Governor or
12his authorized representative notifies the State Treasurer and
13Comptroller of such fact in writing.
14    (b) After the effective date of this Act, the balance of,
15and monies directed to be included in the Capital Development
16Bond Retirement and Interest Fund, Anti-Pollution Bond
17Retirement and Interest Fund, Transportation Bond, Series A
18Retirement and Interest Fund, Transportation Bond, Series B
19Retirement and Interest Fund, and Coal Development Bond
20Retirement and Interest Fund shall be transferred to and
21deposited in the General Obligation Bond Retirement and
22Interest Fund. This Fund shall be used to make debt service
23payments on the State's general obligation Bonds heretofore
24issued which are now outstanding and payable from the Funds
25herein listed as well as on Bonds issued under this Act.
26    (c) The unused portion of federal funds received for or as

 

 

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1reimbursement for a capital facilities project, as authorized
2by Section 3 of this Act, for which monies from the Capital
3Development Fund have been expended shall remain in the
4Capital Development Board Contributory Trust Fund and shall be
5used for capital projects and for no other purpose, subject to
6appropriation and as directed by the Capital Development
7Board. Any federal funds received as reimbursement for the
8completed construction of a capital facilities project, as
9authorized by Section 3 of this Act, for which monies from the
10Capital Development Fund have been expended may be used for
11any expense or project necessary for implementation of the
12Quincy Veterans' Home Rehabilitation and Rebuilding Act for a
13period of 5 years from July 17, 2018 (the effective date of
14Public Act 100-610) this amendatory Act of the 100th General
15Assembly, and any remaining funds shall be deposited in the
16General Obligation Bond Retirement and Interest Fund.
17(Source: P.A. 100-23, eff. 7-6-17; 100-610, eff. 7-17-18;
18101-30, eff. 6-28-19.)
 
19    Section 5-49. The Capital Development Bond Act of 1972 is
20amended by changing Section 9a as follows:
 
21    (30 ILCS 420/9a)  (from Ch. 127, par. 759a)
22    Sec. 9a. The unused portion of federal funds received for
23or as reimbursement for a capital improvement project for
24which moneys from the Capital Development Fund have been

 

 

10200HB4700sam001- 195 -LRB102 24222 JDS 39045 a

1expended shall remain in the Capital Development Board
2Contributory Trust Fund and shall be used for capital projects
3and for no other purpose, subject to appropriation and as
4directed by the Capital Development Board. Any federal funds
5received as reimbursement for the completed construction of a
6capital improvement project for which moneys from the Capital
7Development Fund have been expended may be used for any
8expense or project necessary for implementation of the Quincy
9Veterans' Home Rehabilitation and Rebuilding Act for a period
10of 5 years from July 17, 2018 (the effective date of Public Act
11100-610) this amendatory Act of the 100th General Assembly,
12and any remaining funds shall be deposited in the Capital
13Development Bond Retirement and Interest Fund.
14(Source: P.A. 100-610, eff. 7-17-18.)
 
15    Section 5-55. The Illinois Grant Funds Recovery Act is
16amended by adding Section 5.1 as follows:
 
17    (30 ILCS 705/5.1 new)
18    Sec. 5.1. Restoration of grant award.
19    (a) A grantee who received an award pursuant to the Open
20Space Lands Acquisition and Development Act who was unable to
21complete the project within the 2 years required by Section 5
22due to the COVID-19 public health emergency, and whose grant
23agreement expired between January 1, 2021 and July 29, 2021,
24shall be eligible for an award under the same terms as the

 

 

10200HB4700sam001- 196 -LRB102 24222 JDS 39045 a

1expired grant agreement, subject to the availability of
2appropriated moneys in the fund from which the original
3disbursement to the grantee was made. The grantee must
4demonstrate prior compliance with the terms and conditions of
5the expired award to be eligible for funding under this
6Section.
7    (b) Any grant funds not expended or legally obligated by
8the expiration of the newly executed agreement must be
9returned to the grantor agency within 45 days, if the funds are
10not already on deposit with the grantor agency or the State
11Treasurer. Such returned funds shall be deposited into the
12fund from which the original grant disbursement to the grantee
13was made.
14    (c) This Section is repealed on July 31, 2024.
 
15    Section 5-57. The Charitable Trust Stabilization Act is
16amended by changing Section 5 as follows:
 
17    (30 ILCS 790/5)
18    Sec. 5. The Charitable Trust Stabilization Fund.
19    (a) The Charitable Trust Stabilization Fund is created as
20a special fund in the State treasury. From appropriations from
21the Fund, upon recommendation from the Charitable Trust
22Stabilization Committee, the State Treasurer may make grants
23to public and private entities in the State for the purposes
24set forth under subsection (b). Special attention shall be

 

 

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1given to public and private entities with operating budgets of
2less than $1,000,000 that are located within a depressed area,
3as defined under Section 3 of the Illinois Enterprise Zone
4Act, and preferences for recommending grants to the State
5Treasurer may be given to these entities by the Committee.
6Moneys received for the purposes of this Section, including,
7without limitation, fees collected under subsection (m) of
8Section 115.10 of the General Not For Profit Corporation Act
9of 1986 and appropriations, gifts, grants, and awards from any
10public or private entity, must be deposited into the Fund. Any
11interest earnings that are attributable to moneys in the Fund
12must be deposited into the Fund.
13    (b) Moneys in the Fund may be used only for the following
14purposes:
15        (1) (blank);
16        (2) (blank);
17        (1) (3) grants for the start-up or operational
18    purposes of participating organizations; and
19        (2) (4) the administration of the Fund and this Act.
20    (c) Moneys deposited into in the Fund must be allocated as
21follows:
22        (1) 20% of the amount deposited into the Fund in the
23    fiscal year must be set aside for the operating budget of
24    the Fund for the next fiscal year, but the operating
25    budget of the Fund may not exceed $4,000,000 in any fiscal
26    year;

 

 

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1        (1) 80% (2) 50% must be available for the purposes set
2    forth under subsection (b); and
3        (2) 20% (3) 30% must be invested for the purpose of
4    earning interest or other investment income.
5    (d) As soon as practical after the effective date of this
6Act, the State Treasurer must transfer the amount of
7$1,000,000 from the General Revenue Fund to the Charitable
8Trust Stabilization Fund. On the June 30 that occurs in the
9third year after the transfer to the Charitable Trust
10Stabilization Fund, the Treasurer must transfer the amount of
11$1,000,000 from the Charitable Trust Stabilization Fund to the
12General Revenue Fund. If, on that date, less than $1,000,000
13is available for transfer, then the Treasurer must transfer
14the remaining balance of the Charitable Trust Stabilization
15Fund to the General Revenue Fund, and on each June 30
16thereafter must transfer any balance in the Charitable Trust
17Stabilization Fund to the General Revenue Fund until the
18aggregate amount of $1,000,000 has been transferred.
19(Source: P.A. 97-274, eff. 8-8-11.)
 
20    Section 5-60. The Illinois Income Tax Act is amended by
21changing Sections 224 and 901 as follows:
 
22    (35 ILCS 5/224)
23    Sec. 224. Invest in Kids credit.
24    (a) For taxable years beginning on or after January 1,

 

 

10200HB4700sam001- 199 -LRB102 24222 JDS 39045 a

12018 and ending before January 1, 2024 2023, each taxpayer for
2whom a tax credit has been awarded by the Department under the
3Invest in Kids Act is entitled to a credit against the tax
4imposed under subsections (a) and (b) of Section 201 of this
5Act in an amount equal to the amount awarded under the Invest
6in Kids Act.
7    (b) For partners, shareholders of subchapter S
8corporations, and owners of limited liability companies, if
9the liability company is treated as a partnership for purposes
10of federal and State income taxation, the credit under this
11Section shall be determined in accordance with the
12determination of income and distributive share of income under
13Sections 702 and 704 and subchapter S of the Internal Revenue
14Code.
15    (c) The credit may not be carried back and may not reduce
16the taxpayer's liability to less than zero. If the amount of
17the credit exceeds the tax liability for the year, the excess
18may be carried forward and applied to the tax liability of the
195 taxable years following the excess credit year. The tax
20credit shall be applied to the earliest year for which there is
21a tax liability. If there are credits for more than one year
22that are available to offset the liability, the earlier credit
23shall be applied first.
24    (d) A tax credit awarded by the Department under the
25Invest in Kids Act may not be claimed for any qualified
26contribution for which the taxpayer claims a federal income

 

 

10200HB4700sam001- 200 -LRB102 24222 JDS 39045 a

1tax deduction.
2(Source: P.A. 100-465, eff. 8-31-17.)
 
3    (35 ILCS 5/901)
4    Sec. 901. Collection authority.
5    (a) In general. The Department shall collect the taxes
6imposed by this Act. The Department shall collect certified
7past due child support amounts under Section 2505-650 of the
8Department of Revenue Law of the Civil Administrative Code of
9Illinois. Except as provided in subsections (b), (c), (e),
10(f), (g), and (h) of this Section, money collected pursuant to
11subsections (a) and (b) of Section 201 of this Act shall be
12paid into the General Revenue Fund in the State treasury;
13money collected pursuant to subsections (c) and (d) of Section
14201 of this Act shall be paid into the Personal Property Tax
15Replacement Fund, a special fund in the State Treasury; and
16money collected under Section 2505-650 of the Department of
17Revenue Law of the Civil Administrative Code of Illinois shall
18be paid into the Child Support Enforcement Trust Fund, a
19special fund outside the State Treasury, or to the State
20Disbursement Unit established under Section 10-26 of the
21Illinois Public Aid Code, as directed by the Department of
22Healthcare and Family Services.
23    (b) Local Government Distributive Fund. Beginning August
241, 2017 and continuing through July 31, 2022, the Treasurer
25shall transfer each month from the General Revenue Fund to the

 

 

10200HB4700sam001- 201 -LRB102 24222 JDS 39045 a

1Local Government Distributive Fund an amount equal to the sum
2of: (i) 6.06% (10% of the ratio of the 3% individual income tax
3rate prior to 2011 to the 4.95% individual income tax rate
4after July 1, 2017) of the net revenue realized from the tax
5imposed by subsections (a) and (b) of Section 201 of this Act
6upon individuals, trusts, and estates during the preceding
7month; (ii) 6.85% (10% of the ratio of the 4.8% corporate
8income tax rate prior to 2011 to the 7% corporate income tax
9rate after July 1, 2017) of the net revenue realized from the
10tax imposed by subsections (a) and (b) of Section 201 of this
11Act upon corporations during the preceding month; and (iii)
12beginning February 1, 2022, 6.06% of the net revenue realized
13from the tax imposed by subsection (p) of Section 201 of this
14Act upon electing pass-through entities. Beginning August 1,
152022, the Treasurer shall transfer each month from the General
16Revenue Fund to the Local Government Distributive Fund an
17amount equal to the sum of: (i) 6.16% of the net revenue
18realized from the tax imposed by subsections (a) and (b) of
19Section 201 of this Act upon individuals, trusts, and estates
20during the preceding month; (ii) 6.85% of the net revenue
21realized from the tax imposed by subsections (a) and (b) of
22Section 201 of this Act upon corporations during the preceding
23month; and (iii) 6.16% of the net revenue realized from the tax
24imposed by subsection (p) of Section 201 of this Act upon
25electing pass-through entities. Net revenue realized for a
26month shall be defined as the revenue from the tax imposed by

 

 

10200HB4700sam001- 202 -LRB102 24222 JDS 39045 a

1subsections (a) and (b) of Section 201 of this Act which is
2deposited in the General Revenue Fund, the Education
3Assistance Fund, the Income Tax Surcharge Local Government
4Distributive Fund, the Fund for the Advancement of Education,
5and the Commitment to Human Services Fund during the month
6minus the amount paid out of the General Revenue Fund in State
7warrants during that same month as refunds to taxpayers for
8overpayment of liability under the tax imposed by subsections
9(a) and (b) of Section 201 of this Act.
10    Notwithstanding any provision of law to the contrary,
11beginning on July 6, 2017 (the effective date of Public Act
12100-23), those amounts required under this subsection (b) to
13be transferred by the Treasurer into the Local Government
14Distributive Fund from the General Revenue Fund shall be
15directly deposited into the Local Government Distributive Fund
16as the revenue is realized from the tax imposed by subsections
17(a) and (b) of Section 201 of this Act.
18    (c) Deposits Into Income Tax Refund Fund.
19        (1) Beginning on January 1, 1989 and thereafter, the
20    Department shall deposit a percentage of the amounts
21    collected pursuant to subsections (a) and (b)(1), (2), and
22    (3) of Section 201 of this Act into a fund in the State
23    treasury known as the Income Tax Refund Fund. Beginning
24    with State fiscal year 1990 and for each fiscal year
25    thereafter, the percentage deposited into the Income Tax
26    Refund Fund during a fiscal year shall be the Annual

 

 

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1    Percentage. For fiscal year 2011, the Annual Percentage
2    shall be 8.75%. For fiscal year 2012, the Annual
3    Percentage shall be 8.75%. For fiscal year 2013, the
4    Annual Percentage shall be 9.75%. For fiscal year 2014,
5    the Annual Percentage shall be 9.5%. For fiscal year 2015,
6    the Annual Percentage shall be 10%. For fiscal year 2018,
7    the Annual Percentage shall be 9.8%. For fiscal year 2019,
8    the Annual Percentage shall be 9.7%. For fiscal year 2020,
9    the Annual Percentage shall be 9.5%. For fiscal year 2021,
10    the Annual Percentage shall be 9%. For fiscal year 2022,
11    the Annual Percentage shall be 9.25%. For fiscal year
12    2023, the Annual Percentage shall be 9.25%. For all other
13    fiscal years, the Annual Percentage shall be calculated as
14    a fraction, the numerator of which shall be the amount of
15    refunds approved for payment by the Department during the
16    preceding fiscal year as a result of overpayment of tax
17    liability under subsections (a) and (b)(1), (2), and (3)
18    of Section 201 of this Act plus the amount of such refunds
19    remaining approved but unpaid at the end of the preceding
20    fiscal year, minus the amounts transferred into the Income
21    Tax Refund Fund from the Tobacco Settlement Recovery Fund,
22    and the denominator of which shall be the amounts which
23    will be collected pursuant to subsections (a) and (b)(1),
24    (2), and (3) of Section 201 of this Act during the
25    preceding fiscal year; except that in State fiscal year
26    2002, the Annual Percentage shall in no event exceed 7.6%.

 

 

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1    The Director of Revenue shall certify the Annual
2    Percentage to the Comptroller on the last business day of
3    the fiscal year immediately preceding the fiscal year for
4    which it is to be effective.
5        (2) Beginning on January 1, 1989 and thereafter, the
6    Department shall deposit a percentage of the amounts
7    collected pursuant to subsections (a) and (b)(6), (7), and
8    (8), (c) and (d) of Section 201 of this Act into a fund in
9    the State treasury known as the Income Tax Refund Fund.
10    Beginning with State fiscal year 1990 and for each fiscal
11    year thereafter, the percentage deposited into the Income
12    Tax Refund Fund during a fiscal year shall be the Annual
13    Percentage. For fiscal year 2011, the Annual Percentage
14    shall be 17.5%. For fiscal year 2012, the Annual
15    Percentage shall be 17.5%. For fiscal year 2013, the
16    Annual Percentage shall be 14%. For fiscal year 2014, the
17    Annual Percentage shall be 13.4%. For fiscal year 2015,
18    the Annual Percentage shall be 14%. For fiscal year 2018,
19    the Annual Percentage shall be 17.5%. For fiscal year
20    2019, the Annual Percentage shall be 15.5%. For fiscal
21    year 2020, the Annual Percentage shall be 14.25%. For
22    fiscal year 2021, the Annual Percentage shall be 14%. For
23    fiscal year 2022, the Annual Percentage shall be 15%. For
24    fiscal year 2023, the Annual Percentage shall be 14.5%.
25    For all other fiscal years, the Annual Percentage shall be
26    calculated as a fraction, the numerator of which shall be

 

 

10200HB4700sam001- 205 -LRB102 24222 JDS 39045 a

1    the amount of refunds approved for payment by the
2    Department during the preceding fiscal year as a result of
3    overpayment of tax liability under subsections (a) and
4    (b)(6), (7), and (8), (c) and (d) of Section 201 of this
5    Act plus the amount of such refunds remaining approved but
6    unpaid at the end of the preceding fiscal year, and the
7    denominator of which shall be the amounts which will be
8    collected pursuant to subsections (a) and (b)(6), (7), and
9    (8), (c) and (d) of Section 201 of this Act during the
10    preceding fiscal year; except that in State fiscal year
11    2002, the Annual Percentage shall in no event exceed 23%.
12    The Director of Revenue shall certify the Annual
13    Percentage to the Comptroller on the last business day of
14    the fiscal year immediately preceding the fiscal year for
15    which it is to be effective.
16        (3) The Comptroller shall order transferred and the
17    Treasurer shall transfer from the Tobacco Settlement
18    Recovery Fund to the Income Tax Refund Fund (i)
19    $35,000,000 in January, 2001, (ii) $35,000,000 in January,
20    2002, and (iii) $35,000,000 in January, 2003.
21    (d) Expenditures from Income Tax Refund Fund.
22        (1) Beginning January 1, 1989, money in the Income Tax
23    Refund Fund shall be expended exclusively for the purpose
24    of paying refunds resulting from overpayment of tax
25    liability under Section 201 of this Act and for making
26    transfers pursuant to this subsection (d).

 

 

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

 

 

10200HB4700sam001- 207 -LRB102 24222 JDS 39045 a

1    subsections (c) and (d) of Section 201 of this Act paid
2    from the Income Tax Refund Fund during the fiscal year
3    over the amount collected pursuant to subsections (c) and
4    (d) of Section 201 of this Act deposited into the Income
5    Tax Refund Fund during the fiscal year.
6        (4.5) As soon as possible after the end of fiscal year
7    1999 and of each fiscal year thereafter, the Director
8    shall order transferred and the State Treasurer and State
9    Comptroller shall transfer from the Income Tax Refund Fund
10    to the General Revenue Fund any surplus remaining in the
11    Income Tax Refund Fund as of the end of such fiscal year;
12    excluding for fiscal years 2000, 2001, and 2002 amounts
13    attributable to transfers under item (3) of subsection (c)
14    less refunds resulting from the earned income tax credit.
15        (5) This Act shall constitute an irrevocable and
16    continuing appropriation from the Income Tax Refund Fund
17    for the purpose of paying refunds upon the order of the
18    Director in accordance with the provisions of this
19    Section.
20    (e) Deposits into the Education Assistance Fund and the
21Income Tax Surcharge Local Government Distributive Fund. On
22July 1, 1991, and thereafter, of the amounts collected
23pursuant to subsections (a) and (b) of Section 201 of this Act,
24minus deposits into the Income Tax Refund Fund, the Department
25shall deposit 7.3% into the Education Assistance Fund in the
26State Treasury. Beginning July 1, 1991, and continuing through

 

 

10200HB4700sam001- 208 -LRB102 24222 JDS 39045 a

1January 31, 1993, of the amounts collected pursuant to
2subsections (a) and (b) of Section 201 of the Illinois Income
3Tax Act, minus deposits into the Income Tax Refund Fund, the
4Department shall deposit 3.0% into the Income Tax Surcharge
5Local Government Distributive Fund in the State Treasury.
6Beginning February 1, 1993 and continuing through June 30,
71993, of the amounts collected pursuant to subsections (a) and
8(b) of Section 201 of the Illinois Income Tax Act, minus
9deposits into the Income Tax Refund Fund, the Department shall
10deposit 4.4% into the Income Tax Surcharge Local Government
11Distributive Fund in the State Treasury. Beginning July 1,
121993, and continuing through June 30, 1994, of the amounts
13collected under subsections (a) and (b) of Section 201 of this
14Act, minus deposits into the Income Tax Refund Fund, the
15Department shall deposit 1.475% into the Income Tax Surcharge
16Local Government Distributive Fund in the State Treasury.
17    (f) Deposits into the Fund for the Advancement of
18Education. Beginning February 1, 2015, the Department shall
19deposit the following portions of the revenue realized from
20the tax imposed upon individuals, trusts, and estates by
21subsections (a) and (b) of Section 201 of this Act, minus
22deposits into the Income Tax Refund Fund, into the Fund for the
23Advancement of Education:
24        (1) beginning February 1, 2015, and prior to February
25    1, 2025, 1/30; and
26        (2) beginning February 1, 2025, 1/26.

 

 

10200HB4700sam001- 209 -LRB102 24222 JDS 39045 a

1    If the rate of tax imposed by subsection (a) and (b) of
2Section 201 is reduced pursuant to Section 201.5 of this Act,
3the Department shall not make the deposits required by this
4subsection (f) on or after the effective date of the
5reduction.
6    (g) Deposits into the Commitment to Human Services Fund.
7Beginning February 1, 2015, the Department shall deposit the
8following portions of the revenue realized from the tax
9imposed upon individuals, trusts, and estates by subsections
10(a) and (b) of Section 201 of this Act, minus deposits into the
11Income Tax Refund Fund, into the Commitment to Human Services
12Fund:
13        (1) beginning February 1, 2015, and prior to February
14    1, 2025, 1/30; and
15        (2) beginning February 1, 2025, 1/26.
16    If the rate of tax imposed by subsection (a) and (b) of
17Section 201 is reduced pursuant to Section 201.5 of this Act,
18the Department shall not make the deposits required by this
19subsection (g) on or after the effective date of the
20reduction.
21    (h) Deposits into the Tax Compliance and Administration
22Fund. Beginning on the first day of the first calendar month to
23occur on or after August 26, 2014 (the effective date of Public
24Act 98-1098), each month the Department shall pay into the Tax
25Compliance and Administration Fund, to be used, subject to
26appropriation, to fund additional auditors and compliance

 

 

10200HB4700sam001- 210 -LRB102 24222 JDS 39045 a

1personnel at the Department, an amount equal to 1/12 of 5% of
2the cash receipts collected during the preceding fiscal year
3by the Audit Bureau of the Department from the tax imposed by
4subsections (a), (b), (c), and (d) of Section 201 of this Act,
5net of deposits into the Income Tax Refund Fund made from those
6cash receipts.
7(Source: P.A. 101-8, see Section 99 for effective date;
8101-10, eff. 6-5-19; 101-81, eff. 7-12-19; 101-636, eff.
96-10-20; 102-16, eff. 6-17-21; 102-558, eff. 8-20-21; 102-658,
10eff. 8-27-21; revised 10-19-21.)
 
11    Section 5-62. The Invest in Kids Act is amended by
12changing Section 40 as follows:
 
13    (35 ILCS 40/40)
14    (Section scheduled to be repealed on January 1, 2025)
15    Sec. 40. Scholarship granting organization
16responsibilities.
17    (a) Before granting a scholarship for an academic year,
18all scholarship granting organizations shall assess and
19document each student's eligibility for the academic year.
20    (b) A scholarship granting organization shall grant
21scholarships only to eligible students.
22    (c) A scholarship granting organization shall allow an
23eligible student to attend any qualified school of the
24student's choosing, subject to the availability of funds.

 

 

10200HB4700sam001- 211 -LRB102 24222 JDS 39045 a

1    (d) In granting scholarships, a scholarship granting
2organization shall give priority to the following priority
3groups:
4        (1) eligible students who received a scholarship from
5    a scholarship granting organization during the previous
6    school year;
7        (2) eligible students who are members of a household
8    whose previous year's total annual income does not exceed
9    185% of the federal poverty level;
10        (3) eligible students who reside within a focus
11    district; and
12        (4) eligible students who are siblings of students
13    currently receiving a scholarship.
14    (d-5) A scholarship granting organization shall begin
15granting scholarships no later than February 1 preceding the
16school year for which the scholarship is sought. The priority
17groups identified in subsection (d) of this Section shall be
18eligible to receive scholarships on a first-come, first-served
19basis until the April 1 immediately preceding the school year
20for which the scholarship is sought. Applications for
21scholarships for eligible students meeting the qualifications
22of one or more priority groups that are received before April 1
23must be either approved or denied within 10 business days
24after receipt. Beginning April 1, all eligible students shall
25be eligible to receive scholarships without regard to the
26priority groups identified in subsection (d) of this Section.

 

 

10200HB4700sam001- 212 -LRB102 24222 JDS 39045 a

1    (e) Except as provided in subsection (e-5) of this
2Section, scholarships shall not exceed the lesser of (i) the
3statewide average operational expense per student among public
4schools or (ii) the necessary costs and fees for attendance at
5the qualified school. Scholarships shall be prorated as
6follows:
7        (1) for eligible students whose household income is
8    less than 185% of the federal poverty level, the
9    scholarship shall be 100% of the amount determined
10    pursuant to this subsection (e) and subsection (e-5) of
11    this Section;
12        (2) for eligible students whose household income is
13    185% or more of the federal poverty level but less than
14    250% of the federal poverty level, the average of
15    scholarships shall be 75% of the amount determined
16    pursuant to this subsection (e) and subsection (e-5) of
17    this Section; and
18        (3) for eligible students whose household income is
19    250% or more of the federal poverty level, the average of
20    scholarships shall be 50% of the amount determined
21    pursuant to this subsection (e) and subsection (e-5) of
22    this Section.
23    (e-5) The statewide average operational expense per
24student among public schools shall be multiplied by the
25following factors:
26        (1) for students determined eligible to receive

 

 

10200HB4700sam001- 213 -LRB102 24222 JDS 39045 a

1    services under the federal Individuals with Disabilities
2    Education Act, 2;
3        (2) for students who are English learners, as defined
4    in subsection (d) of Section 14C-2 of the School Code,
5    1.2; and
6        (3) for students who are gifted and talented children,
7    as defined in Section 14A-20 of the School Code, 1.1.
8    (f) A scholarship granting organization shall distribute
9scholarship payments to the participating school where the
10student is enrolled.
11    (g) For the 2018-2019 school year through the 2022-2023
122021-2022 school year, each scholarship granting organization
13shall expend no less than 75% of the qualified contributions
14received during the calendar year in which the qualified
15contributions were received. No more than 25% of the qualified
16contributions may be carried forward to the following calendar
17year.
18    (h) For the 2023-2024 2022-2023 school year, each
19scholarship granting organization shall expend all qualified
20contributions received during the calendar year in which the
21qualified contributions were received. No qualified
22contributions may be carried forward to the following calendar
23year.
24    (i) A scholarship granting organization shall allow an
25eligible student to transfer a scholarship during a school
26year to any other participating school of the custodian's

 

 

10200HB4700sam001- 214 -LRB102 24222 JDS 39045 a

1choice. Such scholarships shall be prorated.
2    (j) With the prior approval of the Department, a
3scholarship granting organization may transfer funds to
4another scholarship granting organization if additional funds
5are required to meet scholarship demands at the receiving
6scholarship granting organization. All transferred funds must
7be deposited by the receiving scholarship granting
8organization into its scholarship accounts. All transferred
9amounts received by any scholarship granting organization must
10be separately disclosed to the Department.
11    (k) If the approval of a scholarship granting organization
12is revoked as provided in Section 20 of this Act or the
13scholarship granting organization is dissolved, all remaining
14qualified contributions of the scholarship granting
15organization shall be transferred to another scholarship
16granting organization. All transferred funds must be deposited
17by the receiving scholarship granting organization into its
18scholarship accounts.
19    (l) Scholarship granting organizations shall make
20reasonable efforts to advertise the availability of
21scholarships to eligible students.
22(Source: P.A. 100-465, eff. 8-31-17.)
 
23    Section 5-65. The Motor Fuel Tax Law is amended by
24changing Section 8 as follows:
 

 

 

10200HB4700sam001- 215 -LRB102 24222 JDS 39045 a

1    (35 ILCS 505/8)  (from Ch. 120, par. 424)
2    Sec. 8. Except as provided in subsection (a-1) of this
3Section, Section 8a, subdivision (h)(1) of Section 12a,
4Section 13a.6, and items 13, 14, 15, and 16 of Section 15, all
5money received by the Department under this Act, including
6payments made to the Department by member jurisdictions
7participating in the International Fuel Tax Agreement, shall
8be deposited in a special fund in the State treasury, to be
9known as the "Motor Fuel Tax Fund", and shall be used as
10follows:
11    (a) 2 1/2 cents per gallon of the tax collected on special
12fuel under paragraph (b) of Section 2 and Section 13a of this
13Act shall be transferred to the State Construction Account
14Fund in the State Treasury; the remainder of the tax collected
15on special fuel under paragraph (b) of Section 2 and Section
1613a of this Act shall be deposited into the Road Fund;
17    (a-1) Beginning on July 1, 2019, an amount equal to the
18amount of tax collected under subsection (a) of Section 2 as a
19result of the increase in the tax rate under Public Act 101-32
20shall be transferred each month into the Transportation
21Renewal Fund;
22    (b) $420,000 shall be transferred each month to the State
23Boating Act Fund to be used by the Department of Natural
24Resources for the purposes specified in Article X of the Boat
25Registration and Safety Act;
26    (c) $3,500,000 shall be transferred each month to the

 

 

10200HB4700sam001- 216 -LRB102 24222 JDS 39045 a

1Grade Crossing Protection Fund to be used as follows: not less
2than $12,000,000 each fiscal year shall be used for the
3construction or reconstruction of rail highway grade
4separation structures; $5,500,000 in fiscal year 2022
5$2,250,000 in fiscal years 2004 through 2009 and $3,000,000 in
6fiscal year 2010 and each fiscal year thereafter shall be
7transferred to the Transportation Regulatory Fund and shall be
8accounted for as part of the rail carrier portion of such funds
9and shall be used to pay the cost of administration of the
10Illinois Commerce Commission's railroad safety program in
11connection with its duties under subsection (3) of Section
1218c-7401 of the Illinois Vehicle Code, with the remainder to
13be used by the Department of Transportation upon order of the
14Illinois Commerce Commission, to pay that part of the cost
15apportioned by such Commission to the State to cover the
16interest of the public in the use of highways, roads, streets,
17or pedestrian walkways in the county highway system, township
18and district road system, or municipal street system as
19defined in the Illinois Highway Code, as the same may from time
20to time be amended, for separation of grades, for
21installation, construction or reconstruction of crossing
22protection or reconstruction, alteration, relocation including
23construction or improvement of any existing highway necessary
24for access to property or improvement of any grade crossing
25and grade crossing surface including the necessary highway