SB2017 EnrolledLRB102 16155 CPF 22006 b

1    AN ACT concerning State government.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4
ARTICLE 1. SHORT TITLE; PURPOSE

 
5    Section 1-1. Short title. This Act may be cited as the
6FY2022 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 2022.
 
10
ARTICLE 2. STATE FINANCE ACT AMENDMENTS AFFECTING THE FISCAL
11
YEAR 2022 BUDGET

 
12    Section 2-5. The State Finance Act is amended by changing
13Sections 5.67, 5.176, 5.177, 5.857, 5h.5, 6z-6, 6z-32, 6z-63,
146z-70, 6z-77, 6z-82, 6z-100, 6z-121, 6z-122, 8.3, 8.12,
158.25-4, 8.25e, 8g, 8g-1, 13.2, and 25 and by adding Sections
165.938, 5.939, and 6z-128 as follows:
 
17    (30 ILCS 105/5.67)  (from Ch. 127, par. 141.67)
18    Sec. 5.67. The Metropolitan Exposition, Auditorium and
19Office Building Fund. This Section is repealed June 30, 2021.

 

 

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1(Source: P.A. 81-1509.)
 
2    (30 ILCS 105/5.176)  (from Ch. 127, par. 141.176)
3    Sec. 5.176. The Illinois Civic Center Bond Fund. This
4Section is repealed June 30, 2021.
5(Source: P.A. 84-1308.)
 
6    (30 ILCS 105/5.177)  (from Ch. 127, par. 141.177)
7    Sec. 5.177. The Illinois Civic Center Bond Retirement and
8Interest Fund. This Section is repealed June 30, 2021.
9(Source: P.A. 84-1308.)
 
10    (30 ILCS 105/5.857)
11    (Section scheduled to be repealed on July 1, 2021)
12    Sec. 5.857. The Capital Development Board Revolving Fund.
13This Section is repealed July 1, 2022 2021.
14(Source: P.A. 100-23, eff. 7-6-17; 100-587, eff. 6-4-18;
15101-10, eff. 6-5-19; 101-645, eff. 6-26-20.)
 
16    (30 ILCS 105/5.938 new)
17    Sec. 5.938. The DoIT Special Projects Fund.
 
18    (30 ILCS 105/5.939 new)
19    Sec. 5.939. The Essential Government Services Support
20Fund.
 

 

 

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1    (30 ILCS 105/5h.5)
2    Sec. 5h.5. Cash flow borrowing and general funds
3liquidity; Fiscal Years 2018, 2019, 2020, and 2021, and 2022.
4    (a) In order to meet cash flow deficits and to maintain
5liquidity in general funds and the Health Insurance Reserve
6Fund, on and after July 1, 2017 and through June 30, 2022 2021,
7the State Treasurer and the State Comptroller, in consultation
8with the Governor's Office of Management and Budget, shall
9make transfers to general funds and the Health Insurance
10Reserve Fund, as directed by the State Comptroller, out of
11special funds of the State, to the extent allowed by federal
12law.
13    No such transfer may reduce the cumulative balance of all
14of the special funds of the State to an amount less than the
15total debt service payable during the 12 months immediately
16following the date of the transfer on any bonded indebtedness
17of the State and any certificates issued under the Short Term
18Borrowing Act. At no time shall the outstanding total
19transfers made from the special funds of the State to general
20funds and the Health Insurance Reserve Fund under this Section
21exceed $1,500,000,000; once the amount of $1,500,000,000 has
22been transferred from the special funds of the State to
23general funds and the Health Insurance Reserve Fund,
24additional transfers may be made from the special funds of the
25State to general funds and the Health Insurance Reserve Fund
26under this Section only to the extent that moneys have first

 

 

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1been re-transferred from general funds and the Health
2Insurance Reserve Fund to those special funds of the State.
3Notwithstanding any other provision of this Section, no such
4transfer may be made from any special fund that is exclusively
5collected by or directly appropriated to any other
6constitutional officer without the written approval of that
7constitutional officer.
8    (b) If moneys have been transferred to general funds and
9the Health Insurance Reserve Fund pursuant to subsection (a)
10of this Section, Public Act 100-23 shall constitute the
11continuing authority for and direction to the State Treasurer
12and State Comptroller to reimburse the funds of origin from
13general funds by transferring to the funds of origin, at such
14times and in such amounts as directed by the Comptroller when
15necessary to support appropriated expenditures from the funds,
16an amount equal to that transferred from them plus any
17interest that would have accrued thereon had the transfer not
18occurred, except that any moneys transferred pursuant to
19subsection (a) of this Section shall be repaid to the fund of
20origin within 60 48 months after the date on which they were
21borrowed. When any of the funds from which moneys have been
22transferred pursuant to subsection (a) have insufficient cash
23from which the State Comptroller may make expenditures
24properly supported by appropriations from the fund, then the
25State Treasurer and State Comptroller shall transfer from
26general funds to the fund only such amount as is immediately

 

 

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1necessary to satisfy outstanding expenditure obligations on a
2timely basis.
3    (c) On the first day of each quarterly period in each
4fiscal year, until such time as a report indicates that all
5moneys borrowed and interest pursuant to this Section have
6been repaid, the Comptroller shall provide to the President
7and the Minority Leader of the Senate, the Speaker and the
8Minority Leader of the House of Representatives, and the
9Commission on Government Forecasting and Accountability a
10report on all transfers made pursuant to this Section in the
11prior quarterly period. The report must be provided in
12electronic format. The report must include all of the
13following:
14        (1) the date each transfer was made;
15        (2) the amount of each transfer;
16        (3) in the case of a transfer from general funds to a
17    fund of origin pursuant to subsection (b) of this Section,
18    the amount of interest being paid to the fund of origin;
19    and
20        (4) the end of day balance of the fund of origin, the
21    general funds, and the Health Insurance Reserve Fund on
22    the date the transfer was made.
23(Source: P.A. 100-23, eff. 7-6-17; 100-587, eff. 6-4-18;
24101-10, eff. 6-5-19; 101-636, eff. 6-10-20.)
 
25    (30 ILCS 105/6z-6)  (from Ch. 127, par. 142z-6)

 

 

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1    Sec. 6z-6. All moneys received pursuant to the federal
2Community Services Block Grant shall be deposited into the
3Community Services Block Grant Fund and used for the purposes
4permitted under the Grant. All money received from the federal
5Low-Income Household Water Assistance Program under the
6federal Consolidated Appropriations Act and the American
7Rescue Plan Act of 2021 shall be deposited into the Community
8Services Block Grant Fund and used for the purposes permitted
9under the Program and any related federal guidance.
10(Source: P.A. 83-1053.)
 
11    (30 ILCS 105/6z-32)
12    Sec. 6z-32. Partners for Planning and Conservation.
13    (a) The Partners for Conservation Fund (formerly known as
14the Conservation 2000 Fund) and the Partners for Conservation
15Projects Fund (formerly known as the Conservation 2000
16Projects Fund) are created as special funds in the State
17Treasury. These funds shall be used to establish a
18comprehensive program to protect Illinois' natural resources
19through cooperative partnerships between State government and
20public and private landowners. Moneys in these Funds may be
21used, subject to appropriation, by the Department of Natural
22Resources, Environmental Protection Agency, and the Department
23of Agriculture for purposes relating to natural resource
24protection, planning, recreation, tourism, and compatible
25agricultural and economic development activities. Without

 

 

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

 

 

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1    of State, federal, and local government and with
2    not-for-profit organizations in order to integrate State
3    and federal programs with Illinois' natural resource
4    protection and restoration efforts and to meet
5    requirements to obtain federal and other funds for
6    conservation or protection of natural resources.
7        (6) To implement the State's Nutrient Loss Reduction
8    Strategy, including, but not limited to, funding the
9    resources needed to support the Strategy's Policy Working
10    Group, cover water quality monitoring in support of
11    Strategy implementation, prepare a biennial report on the
12    progress made on the Strategy every 2 years, and provide
13    cost share funding for nutrient capture projects.
14    (b) The State Comptroller and State Treasurer shall
15automatically transfer on the last day of each month,
16beginning on September 30, 1995 and ending on June 30, 2022
172021, from the General Revenue Fund to the Partners for
18Conservation Fund, an amount equal to 1/10 of the amount set
19forth below in fiscal year 1996 and an amount equal to 1/12 of
20the amount set forth below in each of the other specified
21fiscal years:
22Fiscal Year Amount
231996$ 3,500,000
241997$ 9,000,000
251998$10,000,000
261999$11,000,000

 

 

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12000$12,500,000
22001 through 2004$14,000,000
32005 $7,000,000
42006 $11,000,000
52007 $0
62008 through 2011 $14,000,000
72012 $12,200,000
82013 through 2017 $14,000,000
92018 $1,500,000
102019 $14,000,000
112020 $7,500,000
122021 through 2022 $14,000,000
13    (c) The State Comptroller and State Treasurer shall
14automatically transfer on the last day of each month beginning
15on July 31, 2021 and ending June 30, 2022, from the
16Environmental Protection Permit and Inspection Fund to the
17Partners for Conservation Fund, an amount equal to 1/12 of
18$4,135,000. Notwithstanding any other provision of law to the
19contrary and in addition to any other transfers that may be
20provided for by law, on the last day of each month beginning on
21July 31, 2006 and ending on June 30, 2007, or as soon
22thereafter as may be practical, the State Comptroller shall
23direct and the State Treasurer shall transfer $1,000,000 from
24the Open Space Lands Acquisition and Development Fund to the
25Partners for Conservation Fund (formerly known as the
26Conservation 2000 Fund).

 

 

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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. 100-23, eff. 7-6-17; 101-10, eff. 6-5-19.)
 
5    (30 ILCS 105/6z-63)
6    Sec. 6z-63. The Professional Services Fund.
7    (a) The Professional Services Fund is created as a
8revolving fund in the State treasury. The following moneys
9shall be deposited into the Fund:
10        (1) amounts authorized for transfer to the Fund from
11    the General Revenue Fund and other State funds (except for
12    funds classified by the Comptroller as federal trust funds
13    or State trust funds) pursuant to State law or Executive
14    Order;
15        (2) federal funds received by the Department of
16    Central Management Services (the "Department") as a result
17    of expenditures from the Fund;
18        (3) interest earned on moneys in the Fund; and
19        (4) receipts or inter-fund transfers resulting from
20    billings issued by the Department to State agencies for
21    the cost of professional services rendered by the
22    Department that are not compensated through the specific
23    fund transfers authorized by this Section.
24    (b) Moneys in the Fund may be used by the Department for
25reimbursement or payment for:

 

 

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1        (1) providing professional services to State agencies
2    or other State entities;
3        (2) rendering other services to State agencies at the
4    Governor's direction or to other State entities upon
5    agreement between the Director of Central Management
6    Services and the appropriate official or governing body of
7    the other State entity; or
8        (3) providing for payment of administrative and other
9    expenses incurred by the Department in providing
10    professional services.
11    Beginning in fiscal year 2021, moneys in the Fund may also
12be appropriated to and used by the Executive Ethics Commission
13for oversight and administration of the eProcurement system
14known as BidBuy, and by the Chief Procurement Officer
15appointed under paragraph (4) of subsection (a) of Section
1610-20 of the Illinois Procurement Code for the general
17services and operation of the BidBuy system previously
18administered by the Department.
19    Beginning in fiscal year 2022, moneys in the Fund may also
20be appropriated to and used by the Commission on Equity and
21Inclusion for its operating and administrative expenses
22related to the Business Enterprise Program, previously
23administered by the Department.
24    (c) State agencies or other State entities may direct the
25Comptroller to process inter-fund transfers or make payment
26through the voucher and warrant process to the Professional

 

 

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1Services Fund in satisfaction of billings issued under
2subsection (a) of this Section.
3    (d) Reconciliation. For the fiscal year beginning on July
41, 2004 only, the Director of Central Management Services (the
5"Director") shall order that each State agency's payments and
6transfers made to the Fund be reconciled with actual Fund
7costs for professional services provided by the Department on
8no less than an annual basis. The Director may require reports
9from State agencies as deemed necessary to perform this
10reconciliation.
11    (e) (Blank).
12    (e-5) (Blank).
13    (e-7) (Blank).
14    (e-10) (Blank).
15    (e-15) (Blank).
16    (e-20) (Blank).
17    (e-25) (Blank).
18    (e-30) (Blank).
19    (e-35) (Blank).
20    (e-40) (Blank).
21    (e-45) (Blank).
22    (e-50) (Blank).
23    (f) The term "professional services" means services
24rendered on behalf of State agencies and other State entities
25pursuant to Section 405-293 of the Department of Central
26Management Services Law of the Civil Administrative Code of

 

 

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1Illinois.
2(Source: P.A. 101-636, eff. 6-10-20.)
 
3    (30 ILCS 105/6z-70)
4    Sec. 6z-70. The Secretary of State Identification Security
5and Theft Prevention Fund.
6    (a) The Secretary of State Identification Security and
7Theft Prevention Fund is created as a special fund in the State
8treasury. The Fund shall consist of any fund transfers,
9grants, fees, or moneys from other sources received for the
10purpose of funding identification security and theft
11prevention measures.
12    (b) All moneys in the Secretary of State Identification
13Security and Theft Prevention Fund shall be used, subject to
14appropriation, for any costs related to implementing
15identification security and theft prevention measures.
16    (c) (Blank).
17    (d) (Blank).
18    (e) (Blank).
19    (f) (Blank).
20    (g) (Blank).
21    (h) (Blank).
22    (i) (Blank).
23    (j) (Blank).
24    (k) (Blank).
25    (l) (Blank). Notwithstanding any other provision of State

 

 

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1law to the contrary, on or after July 1, 2019, and until June
230, 2020, in addition to any other transfers that may be
3provided for by law, at the direction of and upon notification
4of the Secretary of State, the State Comptroller shall direct
5and the State Treasurer shall transfer amounts into the
6Secretary of State Identification Security and Theft
7Prevention Fund from the designated funds not exceeding the
8following totals:
9    Division of Corporations Registered Limited
10        Liability Partnership
11    Fund....................$287,000
12    Securities Investors Education
13    Fund.............$1,500,000
14    Department of Business Services
15        Special Operations
16    Fund.....................$3,000,000
17    Securities Audit and Enforcement
18    Fund...........$3,500,000
19    (m) Notwithstanding any other provision of State law to
20the contrary, on or after July 1, 2020, and until June 30,
212021, in addition to any other transfers that may be provided
22for by law, at the direction of and upon notification of the
23Secretary of State, the State Comptroller shall direct and the
24State Treasurer shall transfer amounts into the Secretary of
25State Identification Security and Theft Prevention Fund from
26the designated funds not exceeding the following totals:

 

 

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1    Division of Corporations Registered Limited
2        Liability Partnership Fund..................$287,000
3    Securities Investors Education Fund
4......................    .............$1,500,000
5    Department of Business Services Special
6        Operations Fund...........................$4,500,000
7    Securities Audit and Enforcement Fund.........$5,000,000
8    Corporate Franchise Tax Refund Fund...........$3,000,000
9    (n) Notwithstanding any other provision of State law to
10the contrary, on or after July 1, 2021, and until June 30,
112022, in addition to any other transfers that may be provided
12for by law, at the direction of and upon notification of the
13Secretary of State, the State Comptroller shall direct and the
14State Treasurer shall transfer amounts into the Secretary of
15State Identification Security and Theft Prevention Fund from
16the designated funds not exceeding the following totals:
17    Division of Corporations Registered Limited
18        Liability Partnership Fund...................$287,000
19    Securities Investors Education Fund............$1,500,000
20    Department of Business Services Special
21        Operations Fund............................$4,500,000
22    Securities Audit and Enforcement Fund..........$5,000,000
23    Corporate Franchise Tax Refund Fund............$3,000,000
24(Source: P.A. 100-23, eff. 7-6-17; 100-587, eff. 6-4-18;
25101-10, eff. 6-5-19; 101-636, eff. 6-10-20.)
 

 

 

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1    (30 ILCS 105/6z-77)
2    Sec. 6z-77. The Capital Projects Fund. The Capital
3Projects Fund is created as a special fund in the State
4Treasury. The State Comptroller and State Treasurer shall
5transfer from the Capital Projects Fund to the General Revenue
6Fund $61,294,550 on October 1, 2009, $122,589,100 on January
71, 2010, and $61,294,550 on April 1, 2010. Beginning on July 1,
82010, and on July 1 and January 1 of each year thereafter, the
9State Comptroller and State Treasurer shall transfer the sum
10of $122,589,100 from the Capital Projects Fund to the General
11Revenue Fund. In Fiscal Year 2022 only, the State Comptroller
12and State Treasurer shall transfer up to $40,000,000 of sports
13wagering revenues from the Capital Projects Fund to the
14Rebuild Illinois Projects Fund in one or more transfers as
15directed by the Governor. Subject to appropriation, the
16Capital Projects Fund may be used only for capital projects
17and the payment of debt service on bonds issued for capital
18projects. All interest earned on moneys in the Fund shall be
19deposited into the Fund. The Fund shall not be subject to
20administrative charges or chargebacks, such as but not limited
21to those authorized under Section 8h.
22(Source: P.A. 96-34, eff. 7-13-09.)
 
23    (30 ILCS 105/6z-82)
24    Sec. 6z-82. State Police Operations Assistance Fund.
25    (a) There is created in the State treasury a special fund

 

 

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1known as the State Police Operations Assistance Fund. The Fund
2shall receive revenue under the Criminal and Traffic
3Assessment Act. The Fund may also receive revenue from grants,
4donations, appropriations, and any other legal source.
5    (b) The Department of State Police may use moneys in the
6Fund to finance any of its lawful purposes or functions.
7    (c) Expenditures may be made from the Fund only as
8appropriated by the General Assembly by law.
9    (d) Investment income that is attributable to the
10investment of moneys in the Fund shall be retained in the Fund
11for the uses specified in this Section.
12    (e) The State Police Operations Assistance Fund shall not
13be subject to administrative chargebacks.
14    (f) (Blank). Notwithstanding any other provision of State
15law to the contrary, on or after July 1, 2012, and until June
1630, 2013, in addition to any other transfers that may be
17provided for by law, at the direction of and upon notification
18from the Director of State Police, the State Comptroller shall
19direct and the State Treasurer shall transfer amounts into the
20State Police Operations Assistance Fund from the designated
21funds not exceeding the following totals:
22    State Police Vehicle Fund......................$2,250,000
23    State Police Wireless Service
24        Emergency Fund.............................$2,500,000
25    State Police Services Fund.....................$3,500,000
26    (g) Notwithstanding any other provision of State law to

 

 

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1the contrary, on or after July 1, 2021, in addition to any
2other transfers that may be provided for by law, at the
3direction of and upon notification from the Director of State
4Police, the State Comptroller shall direct and the State
5Treasurer shall transfer amounts not exceeding $7,000,000 into
6the State Police Operations Assistance Fund from the State
7Police Services Fund.
8(Source: P.A. 100-987, eff. 7-1-19.)
 
9    (30 ILCS 105/6z-100)
10    (Section scheduled to be repealed on July 1, 2021)
11    Sec. 6z-100. Capital Development Board Revolving Fund;
12payments into and use. All monies received by the Capital
13Development Board for publications or copies issued by the
14Board, and all monies received for contract administration
15fees, charges, or reimbursements owing to the Board shall be
16deposited into a special fund known as the Capital Development
17Board Revolving Fund, which is hereby created in the State
18treasury. The monies in this Fund shall be used by the Capital
19Development Board, as appropriated, for expenditures for
20personal services, retirement, social security, contractual
21services, legal services, travel, commodities, printing,
22equipment, electronic data processing, or telecommunications.
23For fiscal year 2021 and thereafter, the monies in this Fund
24may also be appropriated to and used by the Executive Ethics
25Commission for oversight and administration of the Chief

 

 

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1Procurement Officer appointed under paragraph (1) of
2subsection (a) of Section 10-20 of the Illinois Procurement
3Code responsible for capital procurement. Unexpended moneys in
4the Fund shall not be transferred or allocated by the
5Comptroller or Treasurer to any other fund, nor shall the
6Governor authorize the transfer or allocation of those moneys
7to any other fund. This Section is repealed July 1, 2022 2021.
8(Source: P.A. 100-23, eff. 7-6-17; 100-587, eff. 6-4-18;
9101-10, eff. 6-5-19; 101-636, eff. 6-10-20; 101-645, eff.
106-26-20.)
 
11    (30 ILCS 105/6z-121)
12    Sec. 6z-121. State Coronavirus Urgent Remediation
13Emergency Fund.
14    (a) The State Coronavirus Urgent Remediation Emergency
15(State CURE) Fund is created as a federal trust fund within the
16State treasury. The State CURE Fund shall be held separate and
17apart from all other funds in the State treasury. The State
18CURE Fund is established: (1) to receive, directly or
19indirectly, federal funds from the Coronavirus Relief Fund in
20accordance with Section 5001 of the federal Coronavirus Aid,
21Relief, and Economic Security (CARES) Act, the Coronavirus
22State Fiscal Recovery Fund in accordance with Section 9901 of
23the American Rescue Plan Act of 2021, or from any other federal
24fund pursuant to any other provision of the American Rescue
25Plan Act of 2021 or any other federal law; and (2) to provide

 

 

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1for the transfer, distribution and expenditure of such federal
2funds as permitted in the federal Coronavirus Aid, Relief, and
3Economic Security (CARES) Act, the American Rescue Plan Act of
42021, and related federal guidance or any other federal law,
5and as authorized by this Section.
6    (b) Federal funds received by the State from the
7Coronavirus Relief Fund in accordance with Section 5001 of the
8federal Coronavirus Aid, Relief, and Economic Security (CARES)
9Act, the Coronavirus State Fiscal Recovery Fund in accordance
10with Section 9901 of the American Rescue Plan Act of 2021, or
11any other federal funds received pursuant to the American
12Rescue Plan Act of 2021 or any other federal law, may be
13deposited, directly or indirectly, into the State CURE Fund.
14    (c) Funds in the State CURE Fund may be expended, subject
15to appropriation, directly for purposes permitted under the
16federal law and related federal guidance governing the use of
17such funds, which may include without limitation purposes
18permitted in Section 5001 of the CARES Act and Sections 3201,
193206, and 9901 of the American Rescue Plan Act of 2021. All
20federal funds received into the State CURE Fund from the
21Coronavirus Relief Fund, the Coronavirus State Fiscal Recovery
22Fund, or any other source under the American Rescue Plan Act of
232021, may be transferred or expended by the Illinois Emergency
24Management Agency at the direction of the Governor for the
25specific purposes permitted by the federal Coronavirus Aid,
26Relief, and Economic Security (CARES) Act, the American Rescue

 

 

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

 

 

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12021, or any and related federal guidance. Funds in the State
2CURE Fund also may be expended directly on expenditures
3eligible for federal reimbursement under Section 5001 of the
4federal Coronavirus Aid, Relief, and Economic Security (CARES)
5Act and related federal guidance.
6    (d) Once the General Assembly has enacted appropriations
7from the State CURE Fund, the expenditure of funds from the
8State CURE Fund shall be subject to appropriation by the
9General Assembly, and shall be administered by the Illinois
10Emergency Management Agency at the direction of the Governor.
11The Illinois Emergency Management Agency, and other agencies
12as named in appropriations, shall transfer, distribute or
13expend the funds. The State Comptroller shall direct and the
14State Treasurer shall transfer funds in the State CURE Fund to
15other funds in the State treasury as reimbursement for
16expenditures made from such other funds if the expenditures
17are eligible for federal reimbursement under Section 5001 of
18the federal Coronavirus Aid, Relief, and Economic Security
19(CARES) Act, the relevant provisions of the American Rescue
20Plan Act of 2021, or any and related federal guidance, as
21directed in writing by the Governor. Additional funds that may
22be received from the federal government from legislation
23enacted in response to the impact of Coronavirus Disease 2019,
24including fiscal stabilization payments that replace revenues
25lost due to Coronavirus Disease 2019, The State Comptroller
26may direct and the State Treasurer shall transfer in the

 

 

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1manner authorized or required by any related federal guidance,
2as directed in writing by the Governor.
3    (e) Unexpended funds in the State CURE Fund shall be paid
4back to the federal government at the direction of the
5Governor.
6    (f) In addition to any other transfers that may be
7provided for by law, at the direction of the Governor, the
8State Comptroller shall direct and the State Treasurer shall
9transfer the sum of $24,523,000 from the State CURE Fund to the
10Chicago Travel Industry Promotion Fund.
11    (g) In addition to any other transfers that may be
12provided for by law, at the direction of the Governor, the
13State Comptroller shall direct and the State Treasurer shall
14transfer the sum of $30,000,000 from the State CURE Fund to the
15Metropolitan Pier and Exposition Authority Incentive Fund.
16    (h) 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 $45,180,000 from the State CURE Fund to the
20Local Tourism Fund.
21(Source: P.A. 101-636, eff. 6-10-20.)
 
22    (30 ILCS 105/6z-122)
23    Sec. 6z-122. Local Coronavirus Urgent Remediation
24Emergency Fund.
25    (a) The Local Coronavirus Urgent Remediation Emergency

 

 

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1Fund, or Local CURE Fund, is created as a federal trust fund
2within the State treasury. The Local CURE Fund shall be held
3separate and apart from all other funds of the State. The Local
4CURE Fund is established: (1) to receive transfers from either
5the Disaster Response and Recovery Fund or the State
6Coronavirus Urgent Remediation Emergency (State CURE) Fund of
7federal funds received by the State from the Coronavirus
8Relief Fund in accordance with Section 5001 of the federal
9Coronavirus Aid, Relief, and Economic Security (CARES) Act or
10pursuant to any other provision of federal law; and (2) to
11provide for the administration and payment of grants and
12expense reimbursements to units of local government as
13permitted in the federal Coronavirus Aid, Relief, and Economic
14Security (CARES) Act and related federal guidance, as
15authorized by this Section, and as authorized in the
16Department of Commerce and Economic Opportunity Act.
17    (b) A portion of the funds received into either the
18Disaster Response and Recovery Fund or the State CURE Fund
19from the Coronavirus Relief Fund in accordance with Section
205001 of the federal Coronavirus Aid, Relief, and Economic
21Security (CARES) Act may be transferred into the Local CURE
22Fund from time to time. Such funds transferred to the Local
23CURE Fund may be used by the Department of Commerce and
24Economic Opportunity only to provide for the awarding and
25administration and payment of grants and expense
26reimbursements to units of local government for the specific

 

 

SB2017 Enrolled- 25 -LRB102 16155 CPF 22006 b

1purposes permitted by the federal Coronavirus Aid, Relief, and
2Economic Security (CARES) Act and any related federal
3guidance, the terms and conditions of the federal awards
4through which the funds are received by the State, in
5accordance with the procedures established in this Section,
6and as authorized in the Department of Commerce and Economic
7Opportunity Act.
8    (c) Unless federal guidance expands the authorized uses,
9the funds received by units of local government from the Local
10CURE Fund may be used only to cover the costs of the units of
11local government that (1) are necessary expenditures incurred
12due to the public health emergency caused by the Coronavirus
13Disease 2019, (2) were not accounted for in the budget of the
14State or unit of local government most recently approved as of
15March 27, 2020: and are incurred on or after March 1, 2020 and
16before December 31, 2021 2020; however, if new federal
17guidance or new federal law expands authorized uses or extends
18the covered period, then the funds may be used for any other
19permitted purposes throughout the covered period.
20    (d) The expenditure of funds from the Local CURE Fund
21shall be subject to appropriation by the General Assembly.
22    (d-5) In addition to the purposes described in subsection
23(a), the Local CURE Fund may receive, directly or indirectly,
24federal funds from the Coronavirus Local Fiscal Recovery Fund
25in accordance with Section 9901 of the American Rescue Plan
26Act of 2021 in order to provide payments to units of local

 

 

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1government as directed by Section 9901 of the American Rescue
2Plan Act of 2021 and related federal guidance. Such moneys on
3deposit in the Local CURE Fund shall be paid to units of local
4government in accordance with Section 9901 of the American
5Rescue Plan Act of 2021 and as directed by federal guidance on
6a continuing basis by the Department of Revenue, in
7cooperation with the Department of Commerce and Economic
8Opportunity and as instructed by the Governor.
9    (e) Unexpended funds in the Local CURE Fund shall be
10transferred or paid back to the State CURE Fund or to the
11federal government at the direction of the Governor.
12(Source: P.A. 101-636, eff. 6-10-20.)
 
13    (30 ILCS 105/6z-128 new)
14    Sec. 6z-128. Essential Government Services Support Fund.
15    (a) The Essential Government Services Support Fund (the
16EGSS Fund) is created as a federal trust fund within the State
17treasury. The EGSS Fund is established: (1) to receive,
18directly or indirectly, federal funds from the Coronavirus
19State Fiscal Recovery Fund in accordance with Section 9901 of
20the federal American Rescue Plan Act of 2021; and (2) to
21provide for the use of such funds for purposes permitted by
22Section 9901 of the American Rescue Plan Act of 2021,
23including the provision of government services as permitted
24under Section 602(c)(1)(C) of the Social Security Act as
25enacted by Section 9901 of the American Rescue Plan Act of

 

 

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12021, and as authorized by this Section.
2    (b) Federal funds received by the State from the
3Coronavirus State Fiscal Recovery Fund in accordance with
4Section 9901 of the American Rescue Plan Act of 2021 may be
5deposited, directly or indirectly, into the EGSS Fund.
6    (c) The EGSS Fund shall be subject to appropriation by the
7General Assembly. The fund shall be administered by the
8Illinois Emergency Management Agency at the direction of the
9Governor. The Illinois Emergency Management Agency, and other
10agencies as named in appropriations, shall transfer,
11distribute or expend the funds. Funds in the EGSS Fund may be
12expended, subject to appropriation, directly for purposes
13permitted under Section 9901 of the American Rescue Plan Act
14of 2021 and related federal guidance governing the use of such
15funds, including the provision of government services as
16permitted under Section 602(c)(1)(C) of the Social Security
17Act as enacted by Section 9901 of the American Rescue Plan Act
18of 2021.
19    (d) All funds received, directly or indirectly, into the
20EGSS Fund from the Coronavirus State Fiscal Recovery Fund may
21be transferred or expended at the direction of the Governor
22for the specific purposes permitted under Section 9901 of the
23American Rescue Plan Act of 2021 and any related federal
24guidance. The State Comptroller shall direct and the State
25Treasurer shall transfer from time to time, as directed by the
26Governor in writing, any of the funds in the EGSS Fund to the

 

 

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1General Revenue Fund or other funds in the State treasury as
2needed for expenditures, or as reimbursement for expenditures
3made, from such other funds for permitted purposes under
4Section 9901 of the American Rescue Plan Act of 2021,
5including the provision of government services.
6    (e) Unexpended funds in the EGSS Fund shall be paid back to
7the federal government at the direction of the Governor.
 
8    (30 ILCS 105/8.3)  (from Ch. 127, par. 144.3)
9    Sec. 8.3. Money in the Road Fund shall, if and when the
10State of Illinois incurs any bonded indebtedness for the
11construction of permanent highways, be set aside and used for
12the purpose of paying and discharging annually the principal
13and interest on that bonded indebtedness then due and payable,
14and for no other purpose. The surplus, if any, in the Road Fund
15after the payment of principal and interest on that bonded
16indebtedness then annually due shall be used as follows:
17        first -- to pay the cost of administration of Chapters
18    2 through 10 of the Illinois Vehicle Code, except the cost
19    of administration of Articles I and II of Chapter 3 of that
20    Code, and to pay the costs of the Executive Ethics
21    Commission for oversight and administration of the Chief
22    Procurement Officer appointed under paragraph (2) of
23    subsection (a) of Section 10-20 of the Illinois
24    Procurement Code for transportation; and
25        secondly -- for expenses of the Department of

 

 

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

 

 

SB2017 Enrolled- 30 -LRB102 16155 CPF 22006 b

1    highway garages; or for patrolling and policing the public
2    highways and conserving the peace; or for the operating
3    expenses of the Department relating to the administration
4    of public transportation programs; or, during fiscal year
5    2020 only, for the purposes of a grant not to exceed
6    $8,394,800 to the Regional Transportation Authority on
7    behalf of PACE for the purpose of ADA/Para-transit
8    expenses; or, during fiscal year 2021 only, for the
9    purposes of a grant not to exceed $8,394,800 to the
10    Regional Transportation Authority on behalf of PACE for
11    the purpose of ADA/Para-transit expenses; or, during
12    fiscal year 2022 only, for the purposes of a grant not to
13    exceed $8,394,800 to the Regional Transportation Authority
14    on behalf of PACE for the purpose of ADA/Para-transit
15    expenses; or for any of those purposes or any other
16    purpose that may be provided by law.
17    Appropriations for any of those purposes are payable from
18the Road Fund. Appropriations may also be made from the Road
19Fund for the administrative expenses of any State agency that
20are related to motor vehicles or arise from the use of motor
21vehicles.
22    Beginning with fiscal year 1980 and thereafter, no Road
23Fund monies shall be appropriated to the following Departments
24or agencies of State government for administration, grants, or
25operations; but this limitation is not a restriction upon
26appropriating for those purposes any Road Fund monies that are

 

 

SB2017 Enrolled- 31 -LRB102 16155 CPF 22006 b

1eligible for federal reimbursement:
2        1. Department of Public Health;
3        2. Department of Transportation, only with respect to
4    subsidies for one-half fare Student Transportation and
5    Reduced Fare for Elderly, except fiscal year 2020 only
6    when no more than $17,570,000 may be expended and except
7    fiscal year 2021 only when no more than $17,570,000 may be
8    expended and except fiscal year 2022 only when no more
9    than $17,570,000 may be expended;
10        3. Department of Central Management Services, except
11    for expenditures incurred for group insurance premiums of
12    appropriate personnel;
13        4. Judicial Systems and Agencies.
14    Beginning with fiscal year 1981 and thereafter, no Road
15Fund monies shall be appropriated to the following Departments
16or agencies of State government for administration, grants, or
17operations; but this limitation is not a restriction upon
18appropriating for those purposes any Road Fund monies that are
19eligible for federal reimbursement:
20        1. Department of State Police, except for expenditures
21    with respect to the Division of Operations;
22        2. Department of Transportation, only with respect to
23    Intercity Rail Subsidies, except fiscal year 2020 only
24    when no more than $50,000,000 may be expended and except
25    fiscal year 2021 only when no more than $50,000,000 may be
26    expended and except fiscal year 2022 only when no more

 

 

SB2017 Enrolled- 32 -LRB102 16155 CPF 22006 b

1    than $50,000,000 may be expended, and Rail Freight
2    Services.
3    Beginning with fiscal year 1982 and thereafter, no Road
4Fund monies shall be appropriated to the following Departments
5or agencies of State government for administration, grants, or
6operations; but this limitation is not a restriction upon
7appropriating for those purposes any Road Fund monies that are
8eligible for federal reimbursement: Department of Central
9Management Services, except for awards made by the Illinois
10Workers' Compensation Commission under the terms of the
11Workers' Compensation Act or Workers' Occupational Diseases
12Act for injury or death of an employee of the Division of
13Highways in the Department of Transportation.
14    Beginning with fiscal year 1984 and thereafter, no Road
15Fund monies shall be appropriated to the following Departments
16or agencies of State government for administration, grants, or
17operations; but this limitation is not a restriction upon
18appropriating for those purposes any Road Fund monies that are
19eligible for federal reimbursement:
20        1. Department of State Police, except not more than
21    40% of the funds appropriated for the Division of
22    Operations;
23        2. State Officers.
24    Beginning with fiscal year 1984 and thereafter, no Road
25Fund monies shall be appropriated to any Department or agency
26of State government for administration, grants, or operations

 

 

SB2017 Enrolled- 33 -LRB102 16155 CPF 22006 b

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

 

 

SB2017 Enrolled- 34 -LRB102 16155 CPF 22006 b

1    Transportation, including, but not limited to, the
2    operating expenses of the Department relating to the
3    administration of public transportation programs, payment
4    of debts and liabilities incurred in construction and
5    reconstruction of public highways and bridges, acquisition
6    of rights-of-way for and the cost of construction,
7    reconstruction, maintenance, repair, and operation of
8    public highways and bridges under the direction and
9    supervision of the State, political subdivision, or
10    municipality collecting those monies, or during fiscal
11    year 2020 only for the purposes of a grant not to exceed
12    $8,394,800 to the Regional Transportation Authority on
13    behalf of PACE for the purpose of ADA/Para-transit
14    expenses, or during fiscal year 2021 only for the purposes
15    of a grant not to exceed $8,394,800 to the Regional
16    Transportation Authority on behalf of PACE for the purpose
17    of ADA/Para-transit expenses, or during fiscal year 2022
18    only for the purposes of a grant not to exceed $8,394,800
19    to the Regional Transportation Authority on behalf of PACE
20    for the purpose of ADA/Para-transit expenses, and the
21    costs for patrolling and policing the public highways (by
22    State, political subdivision, or municipality collecting
23    that money) for enforcement of traffic laws. The
24    separation of grades of such highways with railroads and
25    costs associated with protection of at-grade highway and
26    railroad crossing shall also be permissible.

 

 

SB2017 Enrolled- 35 -LRB102 16155 CPF 22006 b

1    Appropriations for any of such purposes are payable from
2the Road Fund or the Grade Crossing Protection Fund as
3provided in Section 8 of the Motor Fuel Tax Law.
4    Except as provided in this paragraph, beginning with
5fiscal year 1991 and thereafter, no Road Fund monies shall be
6appropriated to the Department of State Police for the
7purposes of this Section in excess of its total fiscal year
81990 Road Fund appropriations for those purposes unless
9otherwise provided in Section 5g of this Act. For fiscal years
102003, 2004, 2005, 2006, and 2007 only, no Road Fund monies
11shall be appropriated to the Department of State Police for
12the purposes of this Section in excess of $97,310,000. For
13fiscal year 2008 only, no Road Fund monies shall be
14appropriated to the Department of State Police for the
15purposes of this Section in excess of $106,100,000. For fiscal
16year 2009 only, no Road Fund monies shall be appropriated to
17the Department of State Police for the purposes of this
18Section in excess of $114,700,000. Beginning in fiscal year
192010, no road fund moneys shall be appropriated to the
20Department of State Police. It shall not be lawful to
21circumvent this limitation on appropriations by governmental
22reorganization or other methods unless otherwise provided in
23Section 5g of this Act.
24    In fiscal year 1994, no Road Fund monies shall be
25appropriated to the Secretary of State for the purposes of
26this Section in excess of the total fiscal year 1991 Road Fund

 

 

SB2017 Enrolled- 36 -LRB102 16155 CPF 22006 b

1appropriations to the Secretary of State for those purposes,
2plus $9,800,000. It shall not be lawful to circumvent this
3limitation on appropriations by governmental reorganization or
4other method.
5    Beginning with fiscal year 1995 and thereafter, no Road
6Fund monies shall be appropriated to the Secretary of State
7for the purposes of this Section in excess of the total fiscal
8year 1994 Road Fund appropriations to the Secretary of State
9for those purposes. It shall not be lawful to circumvent this
10limitation on appropriations by governmental reorganization or
11other methods.
12    Beginning with fiscal year 2000, total Road Fund
13appropriations to the Secretary of State for the purposes of
14this Section shall not exceed the amounts specified for the
15following fiscal years:
16    Fiscal Year 2000$80,500,000;
17    Fiscal Year 2001$80,500,000;
18    Fiscal Year 2002$80,500,000;
19    Fiscal Year 2003$130,500,000;
20    Fiscal Year 2004$130,500,000;
21    Fiscal Year 2005$130,500,000;
22    Fiscal Year 2006 $130,500,000;
23    Fiscal Year 2007 $130,500,000;
24    Fiscal Year 2008$130,500,000;
25    Fiscal Year 2009 $130,500,000.
26    For fiscal year 2010, no road fund moneys shall be

 

 

SB2017 Enrolled- 37 -LRB102 16155 CPF 22006 b

1appropriated to the Secretary of State.
2    Beginning in fiscal year 2011, moneys in the Road Fund
3shall be appropriated to the Secretary of State for the
4exclusive purpose of paying refunds due to overpayment of fees
5related to Chapter 3 of the Illinois Vehicle Code unless
6otherwise provided for by law.
7    It shall not be lawful to circumvent this limitation on
8appropriations by governmental reorganization or other
9methods.
10    No new program may be initiated in fiscal year 1991 and
11thereafter that is not consistent with the limitations imposed
12by this Section for fiscal year 1984 and thereafter, insofar
13as appropriation of Road Fund monies is concerned.
14    Nothing in this Section prohibits transfers from the Road
15Fund to the State Construction Account Fund under Section 5e
16of this Act; nor to the General Revenue Fund, as authorized by
17Public Act 93-25.
18    The additional amounts authorized for expenditure in this
19Section by Public Acts 92-0600, 93-0025, 93-0839, and 94-91
20shall be repaid to the Road Fund from the General Revenue Fund
21in the next succeeding fiscal year that the General Revenue
22Fund has a positive budgetary balance, as determined by
23generally accepted accounting principles applicable to
24government.
25    The additional amounts authorized for expenditure by the
26Secretary of State and the Department of State Police in this

 

 

SB2017 Enrolled- 38 -LRB102 16155 CPF 22006 b

1Section by Public Act 94-91 shall be repaid to the Road Fund
2from the General Revenue Fund in the next succeeding fiscal
3year that the General Revenue Fund has a positive budgetary
4balance, as determined by generally accepted accounting
5principles applicable to government.
6(Source: P.A. 100-23, eff. 7-6-17; 100-587, eff. 6-4-18;
7100-863, eff.8-14-18; 101-10, eff. 6-5-19; 101-636, eff.
86-10-20.)
 
9    (30 ILCS 105/8.12)   (from Ch. 127, par. 144.12)
10    Sec. 8.12. State Pensions Fund.
11    (a) The moneys in the State Pensions Fund shall be used
12exclusively for the administration of the Revised Uniform
13Unclaimed Property Act and for the expenses incurred by the
14Auditor General for administering the provisions of Section
152-8.1 of the Illinois State Auditing Act and for operational
16expenses of the Office of the State Treasurer and for the
17funding of the unfunded liabilities of the designated
18retirement systems. For the purposes of this Section,
19"operational expenses of the Office of the State Treasurer"
20includes the acquisition of land and buildings in State fiscal
21years 2019 and 2020 for use by the Office of the State
22Treasurer, as well as construction, reconstruction,
23improvement, repair, and maintenance, in accordance with the
24provisions of laws relating thereto, of such lands and
25buildings beginning in State fiscal year 2019 and thereafter.

 

 

SB2017 Enrolled- 39 -LRB102 16155 CPF 22006 b

1Beginning in State fiscal year 2023 2022, payments to the
2designated retirement systems under this Section shall be in
3addition to, and not in lieu of, any State contributions
4required under the Illinois Pension Code.
5    "Designated retirement systems" means:
6        (1) the State Employees' Retirement System of
7    Illinois;
8        (2) the Teachers' Retirement System of the State of
9    Illinois;
10        (3) the State Universities Retirement System;
11        (4) the Judges Retirement System of Illinois; and
12        (5) the General Assembly Retirement System.
13    (b) Each year the General Assembly may make appropriations
14from the State Pensions Fund for the administration of the
15Revised Uniform Unclaimed Property Act.
16    (c) As soon as possible after July 30, 2004 (the effective
17date of Public Act 93-839), the General Assembly shall
18appropriate from the State Pensions Fund (1) to the State
19Universities Retirement System the amount certified under
20Section 15-165 during the prior year, (2) to the Judges
21Retirement System of Illinois the amount certified under
22Section 18-140 during the prior year, and (3) to the General
23Assembly Retirement System the amount certified under Section
242-134 during the prior year as part of the required State
25contributions to each of those designated retirement systems.
26If the amount in the State Pensions Fund does not exceed the

 

 

SB2017 Enrolled- 40 -LRB102 16155 CPF 22006 b

1sum of the amounts certified in Sections 15-165, 18-140, and
22-134 by at least $5,000,000, the amount paid to each
3designated retirement system under this subsection shall be
4reduced in proportion to the amount certified by each of those
5designated retirement systems.
6    (c-5) For fiscal years 2006 through 2022 2021, the General
7Assembly shall appropriate from the State Pensions Fund to the
8State Universities Retirement System the amount estimated to
9be available during the fiscal year in the State Pensions
10Fund; provided, however, that the amounts appropriated under
11this subsection (c-5) shall not reduce the amount in the State
12Pensions Fund below $5,000,000.
13    (c-6) For fiscal year 2023 2022 and each fiscal year
14thereafter, as soon as may be practical after any money is
15deposited into the State Pensions Fund from the Unclaimed
16Property Trust Fund, the State Treasurer shall apportion the
17deposited amount among the designated retirement systems as
18defined in subsection (a) to reduce their actuarial reserve
19deficiencies. The State Comptroller and State Treasurer shall
20pay the apportioned amounts to the designated retirement
21systems to fund the unfunded liabilities of the designated
22retirement systems. The amount apportioned to each designated
23retirement system shall constitute a portion of the amount
24estimated to be available for appropriation from the State
25Pensions Fund that is the same as that retirement system's
26portion of the total actual reserve deficiency of the systems,

 

 

SB2017 Enrolled- 41 -LRB102 16155 CPF 22006 b

1as determined annually by the Governor's Office of Management
2and Budget at the request of the State Treasurer. The amounts
3apportioned under this subsection shall not reduce the amount
4in the State Pensions Fund below $5,000,000.
5    (d) The Governor's Office of Management and Budget shall
6determine the individual and total reserve deficiencies of the
7designated retirement systems. For this purpose, the
8Governor's Office of Management and Budget shall utilize the
9latest available audit and actuarial reports of each of the
10retirement systems and the relevant reports and statistics of
11the Public Employee Pension Fund Division of the Department of
12Insurance.
13    (d-1) (Blank).
14    (e) The changes to this Section made by Public Act 88-593
15shall first apply to distributions from the Fund for State
16fiscal year 1996.
17(Source: P.A. 100-22, eff. 1-1-18; 100-23, eff. 7-6-17;
18100-587, eff. 6-4-18; 100-863, eff. 8-14-18; 101-10, eff.
196-5-19; 101-487, eff. 8-23-19; 101-636, eff. 6-10-20.)
 
20    (30 ILCS 105/8.25-4)  (from Ch. 127, par. 144.25-4)
21    Sec. 8.25-4. All moneys in the Illinois Sports Facilities
22Fund are allocated to and shall be transferred, appropriated
23and used only for the purposes authorized by, and subject to,
24the limitations and conditions of this Section.
25    All moneys deposited pursuant to Section 13.1 of "An Act

 

 

SB2017 Enrolled- 42 -LRB102 16155 CPF 22006 b

1in relation to State revenue sharing with local governmental
2entities", as amended, and all moneys deposited with respect
3to the $5,000,000 deposit, but not the additional $8,000,000
4advance applicable before July 1, 2001, or the Advance Amount
5applicable on and after that date, pursuant to Section 6 of
6"The Hotel Operators' Occupation Tax Act", as amended, into
7the Illinois Sports Facilities Fund shall be credited to the
8Subsidy Account within the Fund. All moneys deposited with
9respect to the additional $8,000,000 advance applicable before
10July 1, 2001, or the Advance Amount applicable on and after
11that date, but not the $5,000,000 deposit, pursuant to Section
126 of "The Hotel Operators' Occupation Tax Act", as amended,
13into the Illinois Sports Facilities Fund shall be credited to
14the Advance Account within the Fund. All moneys deposited from
15any transfer pursuant to Section 8g-1 of the State Finance Act
16shall be credited to the Advance Account within the Fund.
17    Beginning with fiscal year 1989 and continuing for each
18fiscal year thereafter through and including fiscal year 2001,
19no less than 30 days before the beginning of such fiscal year
20(except as soon as may be practicable after the effective date
21of this amendatory Act of 1988 with respect to fiscal year
221989) the Chairman of the Illinois Sports Facilities Authority
23shall certify to the State Comptroller and the State
24Treasurer, without taking into account any revenues or
25receipts of the Authority, the lesser of (a) $18,000,000 and
26(b) the sum of (i) the amount anticipated to be required by the

 

 

SB2017 Enrolled- 43 -LRB102 16155 CPF 22006 b

1Authority during the fiscal year to pay principal of and
2interest on, and other payments relating to, its obligations
3issued or to be issued under Section 13 of the Illinois Sports
4Facilities Authority Act, including any deposits required to
5reserve funds created under any indenture or resolution
6authorizing issuance of the obligations and payments to
7providers of credit enhancement, (ii) the amount anticipated
8to be required by the Authority during the fiscal year to pay
9obligations under the provisions of any management agreement
10with respect to a facility or facilities owned by the
11Authority or of any assistance agreement with respect to any
12facility for which financial assistance is provided under the
13Illinois Sports Facilities Authority Act, and to pay other
14capital and operating expenses of the Authority during the
15fiscal year, including any deposits required to reserve funds
16created for repair and replacement of capital assets and to
17meet the obligations of the Authority under any management
18agreement or assistance agreement, and (iii) any amounts under
19(i) and (ii) above remaining unpaid from previous years.
20    Beginning with fiscal year 2002 and continuing for each
21fiscal year thereafter, no less than 30 days before the
22beginning of such fiscal year, the Chairman of the Illinois
23Sports Facilities Authority shall certify to the State
24Comptroller and the State Treasurer, without taking into
25account any revenues or receipts of the Authority, the lesser
26of (a) an amount equal to the sum of the Advance Amount plus

 

 

SB2017 Enrolled- 44 -LRB102 16155 CPF 22006 b

1$10,000,000 and (b) the sum of (i) the amount anticipated to be
2required by the Authority during the fiscal year to pay
3principal of and interest on, and other payments relating to,
4its obligations issued or to be issued under Section 13 of the
5Illinois Sports Facilities Authority Act, including any
6deposits required to reserve funds created under any indenture
7or resolution authorizing issuance of the obligations and
8payments to providers of credit enhancement, (ii) the amount
9anticipated to be required by the Authority during the fiscal
10year to pay obligations under the provisions of any management
11agreement with respect to a facility or facilities owned by
12the Authority or any assistance agreement with respect to any
13facility for which financial assistance is provided under the
14Illinois Sports Facilities Authority Act, and to pay other
15capital and operating expenses of the Authority during the
16fiscal year, including any deposits required to reserve funds
17created for repair and replacement of capital assets and to
18meet the obligations of the Authority under any management
19agreement or assistance agreement, and (iii) any amounts under
20(i) and (ii) above remaining unpaid from previous years.
21    A copy of any certification made by the Chairman under the
22preceding 2 paragraphs shall be filed with the Governor and
23the Mayor of the City of Chicago. The Chairman may file an
24amended certification from time to time.
25    Subject to sufficient appropriation by the General
26Assembly, beginning with July 1, 1988 and thereafter

 

 

SB2017 Enrolled- 45 -LRB102 16155 CPF 22006 b

1continuing on the first day of each month during each fiscal
2year through and including fiscal year 2001, the Comptroller
3shall order paid and the Treasurer shall pay to the Authority
4the amount in the Illinois Sports Facilities Fund until (x)
5the lesser of $10,000,000 or the amount appropriated for
6payment to the Authority from amounts credited to the Subsidy
7Account and (y) the lesser of $8,000,000 or the difference
8between the amount appropriated for payment to the Authority
9during the fiscal year and $10,000,000 has been paid from
10amounts credited to the Advance Account.
11    Subject to sufficient appropriation by the General
12Assembly, beginning with July 1, 2001, and thereafter
13continuing on the first day of each month during each fiscal
14year thereafter, the Comptroller shall order paid and the
15Treasurer shall pay to the Authority the amount in the
16Illinois Sports Facilities Fund until (x) the lesser of
17$10,000,000 or the amount appropriated for payment to the
18Authority from amounts credited to the Subsidy Account and (y)
19the lesser of the Advance Amount or the difference between the
20amount appropriated for payment to the Authority during the
21fiscal year and $10,000,000 has been paid from amounts
22credited to the Advance Account.
23    Provided that all amounts deposited in the Illinois Sports
24Facilities Fund and credited to the Subsidy Account, to the
25extent requested pursuant to the Chairman's certification,
26have been paid, on June 30, 1989, and on June 30 of each year

 

 

SB2017 Enrolled- 46 -LRB102 16155 CPF 22006 b

1thereafter, all amounts remaining in the Subsidy Account of
2the Illinois Sports Facilities Fund shall be transferred by
3the State Treasurer one-half to the General Revenue Fund in
4the State Treasury and one-half to the City Tax Fund. Provided
5that all amounts appropriated from the Illinois Sports
6Facilities Fund, to the extent requested pursuant to the
7Chairman's certification, have been paid, on June 30, 1989,
8and on June 30 of each year thereafter, all amounts remaining
9in the Advance Account of the Illinois Sports Facilities Fund
10shall be transferred by the State Treasurer to the General
11Revenue Fund in the State Treasury.
12    For purposes of this Section, the term "Advance Amount"
13means, for fiscal year 2002, $22,179,000, and for subsequent
14fiscal years through fiscal year 2032, 105.615% of the Advance
15Amount for the immediately preceding fiscal year, rounded up
16to the nearest $1,000.
17(Source: P.A. 91-935, eff. 6-1-01.)
 
18    (30 ILCS 105/8.25e)  (from Ch. 127, par. 144.25e)
19    Sec. 8.25e. (a) The State Comptroller and the State
20Treasurer shall automatically transfer on the first day of
21each month, beginning on February 1, 1988, from the General
22Revenue Fund to each of the funds then supplemented by the
23pari-mutuel tax pursuant to Section 28 of the Illinois Horse
24Racing Act of 1975, an amount equal to (i) the amount of
25pari-mutuel tax deposited into such fund during the month in

 

 

SB2017 Enrolled- 47 -LRB102 16155 CPF 22006 b

1fiscal year 1986 which corresponds to the month preceding such
2transfer, minus (ii) the amount of pari-mutuel tax (or the
3replacement transfer authorized by subsection (d) of Section
48g of this Act and subsection (d) of Section 28.1 of the
5Illinois Horse Racing Act of 1975) deposited into such fund
6during the month preceding such transfer; provided, however,
7that no transfer shall be made to a fund if such amount for
8that fund is equal to or less than zero and provided that no
9transfer shall be made to a fund in any fiscal year after the
10amount deposited into such fund exceeds the amount of
11pari-mutuel tax deposited into such fund during fiscal year
121986.
13    (b) The State Comptroller and the State Treasurer shall
14automatically transfer on the last day of each month,
15beginning on October 1, 1989 and ending on June 30, 2017, from
16the General Revenue Fund to the Metropolitan Exposition,
17Auditorium and Office Building Fund, the amount of $2,750,000
18plus any cumulative deficiencies in such transfers for prior
19months, until the sum of $16,500,000 has been transferred for
20the fiscal year beginning July 1, 1989 and until the sum of
21$22,000,000 has been transferred for each fiscal year
22thereafter.
23    (b-5) The State Comptroller and the State Treasurer shall
24automatically transfer on the last day of each month,
25beginning on July 1, 2017, from the General Revenue Fund to the
26Metropolitan Exposition, Auditorium and Office Building Fund,

 

 

SB2017 Enrolled- 48 -LRB102 16155 CPF 22006 b

1the amount of $1,500,000 plus any cumulative deficiencies in
2such transfers for prior months, until the sum of $12,000,000
3has been transferred for each fiscal year thereafter through
4fiscal year 2021, after which no such transfers shall be made.
5    (c) After the transfer of funds from the Metropolitan
6Exposition, Auditorium and Office Building Fund to the Bond
7Retirement Fund pursuant to subsection (b) of Section 15 of
8the Metropolitan Civic Center Support Act, the State
9Comptroller and the State Treasurer shall automatically
10transfer on the last day of each month, beginning on October 1,
111989 and ending on June 30, 2017, from the Metropolitan
12Exposition, Auditorium and Office Building Fund to the Park
13and Conservation Fund the amount of $1,250,000 plus any
14cumulative deficiencies in such transfers for prior months,
15until the sum of $7,500,000 has been transferred for the
16fiscal year beginning July 1, 1989 and until the sum of
17$10,000,000 has been transferred for each fiscal year
18thereafter.
19(Source: P.A. 100-23, eff. 7-6-17.)
 
20    (30 ILCS 105/8g)
21    Sec. 8g. Fund transfers.
22    (a) (Blank).
23    (b) (Blank).
24    (c) In addition to any other transfers that may be
25provided for by law, on August 30 of each fiscal year's license

 

 

SB2017 Enrolled- 49 -LRB102 16155 CPF 22006 b

1period, the Illinois Liquor Control Commission shall direct
2and the State Comptroller and State Treasurer shall transfer
3from the General Revenue Fund to the Youth Alcoholism and
4Substance Abuse Prevention Fund an amount equal to the number
5of retail liquor licenses issued for that fiscal year
6multiplied by $50.
7    (d) The payments to programs required under subsection (d)
8of Section 28.1 of the Illinois Horse Racing Act of 1975 shall
9be made, pursuant to appropriation, from the special funds
10referred to in the statutes cited in that subsection, rather
11than directly from the General Revenue Fund.
12    Beginning January 1, 2000, on the first day of each month,
13or as soon as may be practical thereafter, the State
14Comptroller shall direct and the State Treasurer shall
15transfer from the General Revenue Fund to each of the special
16funds from which payments are to be made under subsection (d)
17of Section 28.1 of the Illinois Horse Racing Act of 1975 an
18amount equal to 1/12 of the annual amount required for those
19payments from that special fund, which annual amount shall not
20exceed the annual amount for those payments from that special
21fund for the calendar year 1998. The special funds to which
22transfers shall be made under this subsection (d) include, but
23are not necessarily limited to, the Agricultural Premium Fund;
24the Metropolitan Exposition, Auditorium and Office Building
25Fund, but only through fiscal year 2021 and not thereafter;
26the Fair and Exposition Fund; the Illinois Standardbred

 

 

SB2017 Enrolled- 50 -LRB102 16155 CPF 22006 b

1Breeders Fund; the Illinois Thoroughbred Breeders Fund; and
2the Illinois Veterans' Rehabilitation Fund. Except for
3transfers attributable to prior fiscal years, during State
4fiscal year 2020 only, no transfers shall be made from the
5General Revenue Fund to the Agricultural Premium Fund, the
6Fair and Exposition Fund, the Illinois Standardbred Breeders
7Fund, or the Illinois Thoroughbred Breeders Fund.
8    (e) (Blank).
9    (f) (Blank).
10    (f-1) (Blank).
11    (g) (Blank).
12    (h) (Blank).
13    (i) (Blank).
14    (i-1) (Blank).
15    (j) (Blank).
16    ......
17    (k) (Blank).
18    (k-1) (Blank).
19    (k-2) (Blank).
20    (k-3) (Blank).
21    (l) (Blank).
22    (m) (Blank).
23    (n) (Blank).
24    (o) (Blank).
25    (p) (Blank).
26    (q) (Blank).

 

 

SB2017 Enrolled- 51 -LRB102 16155 CPF 22006 b

1    (r) (Blank).
2    (s) (Blank).
3    (t) (Blank).
4    (u) (Blank).
5    (v) (Blank).
6    (w) (Blank).
7    (x) (Blank).
8    (y) (Blank).
9    (z) (Blank).
10    (aa) (Blank).
11    (bb) (Blank).
12    (cc) (Blank).
13    (dd) (Blank).
14    (ee) (Blank).
15    (ff) (Blank).
16    (gg) (Blank).
17    (hh) (Blank).
18    (ii) (Blank).
19    (jj) (Blank).
20    (kk) (Blank).
21    (ll) (Blank).
22    (mm) (Blank).
23    (nn) (Blank).
24    (oo) (Blank).
25    (pp) (Blank).
26    (qq) (Blank).

 

 

SB2017 Enrolled- 52 -LRB102 16155 CPF 22006 b

1    (rr) (Blank).
2    (ss) (Blank).
3    (tt) (Blank).
4    (uu) (Blank).
5    (vv) (Blank).
6    (ww) (Blank).
7    (xx) (Blank).
8    (yy) (Blank).
9    (zz) (Blank).
10    (aaa) (Blank).
11    (bbb) (Blank).
12    (ccc) (Blank).
13    (ddd) (Blank).
14    (eee) (Blank).
15    (fff) (Blank).
16    (ggg) (Blank).
17    (hhh) (Blank).
18    (iii) (Blank).
19    (jjj) (Blank).
20    (lll) (Blank).
21    (mmm) (Blank).
22    (nnn) (Blank).
23    (ooo) (Blank).
24    (ppp) (Blank).
25    (qqq) (Blank).
26    (rrr) (Blank).

 

 

SB2017 Enrolled- 53 -LRB102 16155 CPF 22006 b

1    (sss) (Blank).
2    (ttt) (Blank).
3    (uuu) (Blank).
4    (vvv) (Blank).
5    (www) (Blank).
6    (xxx) (Blank).
7    (yyy) (Blank).
8    (zzz) (Blank).
9    (aaaa) (Blank).
10    (bbbb) (Blank).
11    (cccc) (Blank).
12    (dddd) (Blank).
13    (eeee) (Blank).
14(Source: P.A. 100-23, eff. 7-6-17; 100-201, eff. 8-18-17;
15100-863, eff. 8-14-18; 101-10, eff. 6-5-19; revised 7-17-19.)
 
16    (30 ILCS 105/8g-1)
17    Sec. 8g-1. Fund transfers.
18    (a) (Blank).
19    (b) (Blank).
20    (c) (Blank).
21    (d) (Blank).
22    (e) (Blank).
23    (f) (Blank).
24    (g) (Blank).
25    (h) (Blank).

 

 

SB2017 Enrolled- 54 -LRB102 16155 CPF 22006 b

1    (i) (Blank).
2    (j) (Blank).
3    (k) (Blank).
4    (l) (Blank).
5    (m) (Blank).
6    (n) (Blank).
7    (o) (Blank).
8    (p) (Blank).
9    (q) (Blank).
10    (r) (Blank). In addition to any other transfers that may
11be provided for by law, on July 1, 2020, or as soon thereafter
12as practical, the State Comptroller shall direct and the State
13Treasurer shall transfer the sum of $500,000 from the General
14Revenue Fund to the Grant Accountability and Transparency
15Fund.
16    (s) (Blank). In addition to any other transfers that may
17be provided for by law, on July 1, 2020, or as soon thereafter
18as practical, the State Comptroller shall direct and the State
19Treasurer shall transfer the sum of $500,000 from the General
20Revenue Fund to the Governor's Administrative Fund.
21    (t) (Blank). In addition to any other transfers that may
22be provided for by law, on July 1, 2020, or as soon thereafter
23as practical, the State Comptroller shall direct and the State
24Treasurer shall transfer the sum of $320,000 from the General
25Revenue Fund to the Coal Development Fund.
26    (u) In addition to any other transfers that may be

 

 

SB2017 Enrolled- 55 -LRB102 16155 CPF 22006 b

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

 

 

SB2017 Enrolled- 56 -LRB102 16155 CPF 22006 b

1Sports Facilities Fund to be credited to the Advance Account
2within the Fund.
3    (y) In addition to any other transfers that may be
4provided for by law, on June 15, 2021, or as soon thereafter as
5practical, but no later than June 30, 2021, the State
6Comptroller shall direct and the State Treasurer shall
7transfer the sum of $100,000,000 from the General Revenue Fund
8to the Technology Management Revolving Fund.
9(Source: P.A. 100-23, eff. 7-6-17; 100-587, eff. 6-4-18;
10101-10, eff. 6-5-19; 101-636, eff. 6-10-20.)
 
11    (30 ILCS 105/13.2)  (from Ch. 127, par. 149.2)
12    Sec. 13.2. Transfers among line item appropriations.
13    (a) Transfers among line item appropriations from the same
14treasury fund for the objects specified in this Section may be
15made in the manner provided in this Section when the balance
16remaining in one or more such line item appropriations is
17insufficient for the purpose for which the appropriation was
18made.
19    (a-1) No transfers may be made from one agency to another
20agency, nor may transfers be made from one institution of
21higher education to another institution of higher education
22except as provided by subsection (a-4).
23    (a-2) Except as otherwise provided in this Section,
24transfers may be made only among the objects of expenditure
25enumerated in this Section, except that no funds may be

 

 

SB2017 Enrolled- 57 -LRB102 16155 CPF 22006 b

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

 

 

SB2017 Enrolled- 58 -LRB102 16155 CPF 22006 b

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

 

 

SB2017 Enrolled- 59 -LRB102 16155 CPF 22006 b

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

 

 

SB2017 Enrolled- 60 -LRB102 16155 CPF 22006 b

1Disabled Student Transportation Reimbursement (Section
214-13.01 of the School Code), Disabled Student Tuition -
3Private Tuition (Section 14-7.02 of the School Code),
4Extraordinary Special Education (Section 14-7.02b of the
5School Code), Reimbursement for Free Lunch/Breakfast Program,
6Summer School Payments (Section 18-4.3 of the School Code),
7and Transportation - Regular/Vocational Reimbursement (Section
829-5 of the School Code). Such transfers shall be made only
9when the balance remaining in one or more such line item
10appropriations is insufficient for the purpose for which the
11appropriation was made and provided that no such transfer may
12be made unless the amount transferred is no longer required
13for the purpose for which that appropriation was made.
14    The Department of Healthcare and Family Services is
15authorized to make transfers not exceeding 4% of the aggregate
16amount appropriated to it, within the same treasury fund,
17among the various line items appropriated for Medical
18Assistance.
19    (c) The sum of such transfers for an agency in a fiscal
20year shall not exceed 2% of the aggregate amount appropriated
21to it within the same treasury fund for the following objects:
22Personal Services; Extra Help; Student and Inmate
23Compensation; State Contributions to Retirement Systems; State
24Contributions to Social Security; State Contribution for
25Employee Group Insurance; Contractual Services; Travel;
26Commodities; Printing; Equipment; Electronic Data Processing;

 

 

SB2017 Enrolled- 61 -LRB102 16155 CPF 22006 b

1Operation of Automotive Equipment; Telecommunications
2Services; Travel and Allowance for Committed, Paroled and
3Discharged Prisoners; Library Books; Federal Matching Grants
4for Student Loans; Refunds; Workers' Compensation,
5Occupational Disease, and Tort Claims; Late Interest Penalties
6under the State Prompt Payment Act and Sections 368a and 370a
7of the Illinois Insurance Code; and, in appropriations to
8institutions of higher education, Awards and Grants.
9Notwithstanding the above, any amounts appropriated for
10payment of workers' compensation claims to an agency to which
11the authority to evaluate, administer and pay such claims has
12been delegated by the Department of Central Management
13Services may be transferred to any other expenditure object
14where such amounts exceed the amount necessary for the payment
15of such claims.
16    (c-1) (Blank).
17    (c-2) (Blank).
18    (c-3) (Blank).
19    (c-4) (Blank).
20    (c-5) (Blank).
21    (c-6) (Blank). Special provisions for State fiscal year
222020. Notwithstanding any other provision of this Section, for
23State fiscal year 2020, transfers among line item
24appropriations to a State agency from the same State treasury
25fund may be made for operational or lump sum expenses only,
26provided that the sum of such transfers for a State agency in

 

 

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1State fiscal year 2020 shall not exceed 4% of the aggregate
2amount appropriated to that State agency for operational or
3lump sum expenses for State fiscal year 2020. For the purpose
4of this subsection (c-6), "operational or lump sum expenses"
5includes the following objects: personal services; extra help;
6student and inmate compensation; State contributions to
7retirement systems; State contributions to social security;
8State contributions for employee group insurance; contractual
9services; travel; commodities; printing; equipment; electronic
10data processing; operation of automotive equipment;
11telecommunications services; travel and allowance for
12committed, paroled, and discharged prisoners; library books;
13federal matching grants for student loans; refunds; workers'
14compensation, occupational disease, and tort claims; Late
15Interest Penalties under the State Prompt Payment Act and
16Sections 368a and 370a of the Illinois Insurance Code; lump
17sum and other purposes; and lump sum operations. For the
18purpose of this subsection (c-6), "State agency" does not
19include the Attorney General, the Secretary of State, the
20Comptroller, the Treasurer, or the judicial or legislative
21branches.
22    (c-7) Special provisions for State fiscal year 2021.
23Notwithstanding any other provision of this Section, for State
24fiscal year 2021, transfers among line item appropriations to
25a State agency from the same State treasury fund may be made
26for operational or lump sum expenses only, provided that the

 

 

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1sum of such transfers for a State agency in State fiscal year
22021 shall not exceed 8% of the aggregate amount appropriated
3to that State agency for operational or lump sum expenses for
4State fiscal year 2021. For the purpose of this subsection,
5"operational or lump sum expenses" includes the following
6objects: personal services; extra help; student and inmate
7compensation; State contributions to retirement systems; State
8contributions to social security; State contributions for
9employee group insurance; contractual services; travel;
10commodities; printing; equipment; electronic data processing;
11operation of automotive equipment; telecommunications
12services; travel and allowance for committed, paroled, and
13discharged prisoners; library books; federal matching grants
14for student loans; refunds; workers' compensation,
15occupational disease, and tort claims; Late Interest Penalties
16under the State Prompt Payment Act and Sections 368a and 370a
17of the Illinois Insurance Code; lump sum and other purposes;
18and lump sum operations. For the purpose of this subsection,
19"State agency" does not include the Attorney General, the
20Secretary of State, the Comptroller, the Treasurer, or the
21judicial or legislative branches.
22    (c-8) Special provisions for State fiscal year 2022.
23Notwithstanding any other provision of this Section, for State
24fiscal year 2022, transfers among line item appropriations to
25a State agency from the same State treasury fund may be made
26for operational or lump sum expenses only, provided that the

 

 

SB2017 Enrolled- 64 -LRB102 16155 CPF 22006 b

1sum of such transfers for a State agency in State fiscal year
22022 shall not exceed 4% of the aggregate amount appropriated
3to that State agency for operational or lump sum expenses for
4State fiscal year 2022. For the purpose of this subsection,
5"operational or lump sum expenses" includes the following
6objects: personal services; extra help; student and inmate
7compensation; State contributions to retirement systems; State
8contributions to social security; State contributions for
9employee group insurance; contractual services; travel;
10commodities; printing; equipment; electronic data processing;
11operation of automotive equipment; telecommunications
12services; travel and allowance for committed, paroled, and
13discharged prisoners; library books; federal matching grants
14for student loans; refunds; workers' compensation,
15occupational disease, and tort claims; Late Interest Penalties
16under the State Prompt Payment Act and Sections 368a and 370a
17of the Illinois Insurance Code; lump sum and other purposes;
18and lump sum operations. For the purpose of this subsection,
19"State agency" does not include the Attorney General, the
20Secretary of State, the Comptroller, the Treasurer, or the
21judicial or legislative branches.
22    (d) Transfers among appropriations made to agencies of the
23Legislative and Judicial departments and to the
24constitutionally elected officers in the Executive branch
25require the approval of the officer authorized in Section 10
26of this Act to approve and certify vouchers. Transfers among

 

 

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

 

 

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1fiscal year 2020 and each fiscal year thereafter, the Fund for
2the Advancement of Education. With the advice and consent of
3the Governor's Office of Management and Budget, the State
4Board of Education, in consultation with the State
5Comptroller, may transfer line item appropriations between the
6General Revenue Fund and the Education Assistance Fund for the
7following programs:
8        (1) Disabled Student Personnel Reimbursement (Section
9    14-13.01 of the School Code);
10        (2) Disabled Student Transportation Reimbursement
11    (subsection (b) of Section 14-13.01 of the School Code);
12        (3) Disabled Student Tuition - Private Tuition
13    (Section 14-7.02 of the School Code);
14        (4) Extraordinary Special Education (Section 14-7.02b
15    of the School Code);
16        (5) Reimbursement for Free Lunch/Breakfast Programs;
17        (6) Summer School Payments (Section 18-4.3 of the
18    School Code);
19        (7) Transportation - Regular/Vocational Reimbursement
20    (Section 29-5 of the School Code);
21        (8) Regular Education Reimbursement (Section 18-3 of
22    the School Code); and
23        (9) Special Education Reimbursement (Section 14-7.03
24    of the School Code).
25    (f) For State fiscal year 2020 and each fiscal year
26thereafter, the Department on Aging, in consultation with the

 

 

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1State Comptroller, with the advice and consent of the
2Governor's Office of Management and Budget, may transfer line
3item appropriations for purchase of services covered by the
4Community Care Program between the General Revenue Fund and
5the Commitment to Human Services Fund.
6(Source: P.A. 100-23, eff. 7-6-17; 100-465, eff. 8-31-17;
7100-587, eff. 6-4-18; 100-863, eff. 8-14-18; 100-1064, eff.
88-24-18; 101-10, eff. 6-5-19; 101-81, eff. 7-12-19; 101-275,
9eff. 8-9-19; 101-636, eff. 6-10-20.)
 
10    (30 ILCS 105/25)  (from Ch. 127, par. 161)
11    Sec. 25. Fiscal year limitations.
12    (a) All appropriations shall be available for expenditure
13for the fiscal year or for a lesser period if the Act making
14that appropriation so specifies. A deficiency or emergency
15appropriation shall be available for expenditure only through
16June 30 of the year when the Act making that appropriation is
17enacted unless that Act otherwise provides.
18    (b) Outstanding liabilities as of June 30, payable from
19appropriations which have otherwise expired, may be paid out
20of the expiring appropriations during the 2-month period
21ending at the close of business on August 31. Any service
22involving professional or artistic skills or any personal
23services by an employee whose compensation is subject to
24income tax withholding must be performed as of June 30 of the
25fiscal year in order to be considered an "outstanding

 

 

SB2017 Enrolled- 68 -LRB102 16155 CPF 22006 b

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

 

 

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1interest penalties payable on those liabilities under the
2State Prompt Payment Act, may be paid out of the expiring
3appropriations until December 31, 2020, without regard to the
4fiscal year in which the payment is made, as long as vouchers
5for the liabilities are received by the Comptroller no later
6than September 30, 2020.
7    (b-2.6e) All outstanding liabilities as of June 30, 2021,
8payable from appropriations that would otherwise expire at the
9conclusion of the lapse period for fiscal year 2021, and
10interest penalties payable on those liabilities under the
11State Prompt Payment Act, may be paid out of the expiring
12appropriations until September 30, 2021, without regard to the
13fiscal year in which the payment is made.
14    (b-2.7) For fiscal years 2012, 2013, 2014, 2018, 2019,
152020, and 2021, and 2022, interest penalties payable under the
16State Prompt Payment Act associated with a voucher for which
17payment is issued after June 30 may be paid out of the next
18fiscal year's appropriation. The future year appropriation
19must be for the same purpose and from the same fund as the
20original payment. An interest penalty voucher submitted
21against a future year appropriation must be submitted within
2260 days after the issuance of the associated voucher, except
23that, for fiscal year 2018 only, an interest penalty voucher
24submitted against a future year appropriation must be
25submitted within 60 days of June 5, 2019 (the effective date of
26Public Act 101-10). The Comptroller must issue the interest

 

 

SB2017 Enrolled- 70 -LRB102 16155 CPF 22006 b

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

 

 

SB2017 Enrolled- 71 -LRB102 16155 CPF 22006 b

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

 

 

SB2017 Enrolled- 72 -LRB102 16155 CPF 22006 b

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

 

 

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

 

 

SB2017 Enrolled- 74 -LRB102 16155 CPF 22006 b

1House, House Minority Leader, the respective Chairmen and
2Minority Spokesmen of the Appropriations Committees of the
3Senate and the House, on or before November 30, a report that
4shall document by program or service category those
5expenditures from the most recently completed fiscal year used
6to pay for (i) services provided in prior fiscal years and (ii)
7services for which claims were received in prior fiscal years.
8    (f) The Department of Human Services (as successor to the
9Department of Public Aid) shall annually submit to the State
10Comptroller, Senate President, Senate Minority Leader, Speaker
11of the House, House Minority Leader, and the respective
12Chairmen and Minority Spokesmen of the Appropriations
13Committees of the Senate and the House, on or before December
1431, a report of fiscal year funds used to pay for services
15(other than medical care) provided in any prior fiscal year.
16This report shall document by program or service category
17those expenditures from the most recently completed fiscal
18year used to pay for services provided in prior fiscal years.
19    (g) In addition, each annual report required to be
20submitted by the Department of Healthcare and Family Services
21under subsection (e) shall include the following information
22with respect to the State's Medicaid program:
23        (1) Explanations of the exact causes of the variance
24    between the previous year's estimated and actual
25    liabilities.
26        (2) Factors affecting the Department of Healthcare and

 

 

SB2017 Enrolled- 75 -LRB102 16155 CPF 22006 b

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

 

 

SB2017 Enrolled- 76 -LRB102 16155 CPF 22006 b

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

 

 

SB2017 Enrolled- 77 -LRB102 16155 CPF 22006 b

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

 

 

SB2017 Enrolled- 78 -LRB102 16155 CPF 22006 b

1        limited to, medical programs and services authorized
2        under Titles XIX and XXI of the Social Security Act,
3        the Illinois Public Aid Code, the Children's Health
4        Insurance Program Act, the Covering ALL KIDS Health
5        Insurance Act, the Long Term Acute Care Hospital
6        Quality Improvement Transfer Program Act, and medical
7        care to or on behalf of persons suffering from chronic
8        renal disease, persons suffering from hemophilia, and
9        victims of sexual assault.
10        (2) Limitations on Medical Assistance payments that
11    may be paid from future fiscal year appropriations.
12            (A) The maximum amounts of annual unpaid Medical
13        Assistance bills received and recorded by the
14        Department of Healthcare and Family Services on or
15        before June 30th of a particular fiscal year
16        attributable in aggregate to the General Revenue Fund,
17        Healthcare Provider Relief Fund, Tobacco Settlement
18        Recovery Fund, Long-Term Care Provider Fund, and the
19        Drug Rebate Fund that may be paid in total by the
20        Department from future fiscal year Medical Assistance
21        appropriations to those funds are: $700,000,000 for
22        fiscal year 2013 and $100,000,000 for fiscal year 2014
23        and each fiscal year thereafter.
24            (B) Bills for Medical Assistance services rendered
25        in a particular fiscal year, but received and recorded
26        by the Department of Healthcare and Family Services

 

 

SB2017 Enrolled- 79 -LRB102 16155 CPF 22006 b

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

 

 

SB2017 Enrolled- 80 -LRB102 16155 CPF 22006 b

1    from appropriations which have otherwise expired, may be
2    paid out of the expiring appropriations during the 6-month
3    period ending at the close of business on December 31st.
4    (l) The changes to this Section made by Public Act 97-691
5shall be effective for payment of Medical Assistance bills
6incurred in fiscal year 2013 and future fiscal years. The
7changes to this Section made by Public Act 97-691 shall not be
8applied to Medical Assistance bills incurred in fiscal year
92012 or prior fiscal years.
10    (m) The Comptroller must issue payments against
11outstanding liabilities that were received prior to the lapse
12period deadlines set forth in this Section as soon thereafter
13as practical, but no payment may be issued after the 4 months
14following the lapse period deadline without the signed
15authorization of the Comptroller and the Governor.
16(Source: P.A. 100-23, eff. 7-6-17; 100-587, eff. 6-4-18;
17101-10, eff. 6-5-19; 101-275, eff. 8-9-19; 101-636, eff.
186-10-20.)
 
19
ARTICLE 3. AMENDMENTS TO MISCELLANEOUS ACTS AFFECTING THE
20
FISCAL YEAR 2022 BUDGET

 
21    Section 3-5. The Illinois Administrative Procedure Act is
22amended by adding Sections 5-45.8, 5-45.9, 5-45.10, and
235-45.11 as follows:
 

 

 

SB2017 Enrolled- 81 -LRB102 16155 CPF 22006 b

1    (5 ILCS 100/5-45.8 new)
2    Sec. 5-45.8. Emergency rulemaking; federal American Rescue
3Plan Act of 2021. To provide for the expeditious and timely
4implementation of the distribution of federal Coronavirus
5Local Fiscal Recovery Fund moneys to eligible units of local
6government in accordance with the Section 9901 of the federal
7American Rescue Plan Act of 2021, emergency rules may be
8adopted by any State agency authorized thereunder to so
9implement the distribution. The adoption of emergency rules
10authorized by Section 5-45 and this Section is deemed to be
11necessary for the public interest, safety, and welfare.
12    This Section is repealed one year after the effective date
13of this amendatory Act of the 102nd General Assembly.
 
14    (5 ILCS 100/5-45.9 new)
15    Sec. 5-45.9. Emergency rulemaking; Illinois Public Aid
16Code. To provide for the expeditious and timely implementation
17of the changes made to Articles 5 and 12 of the Illinois Public
18Aid Code by this amendatory Act of the 102nd General Assembly,
19emergency rules implementing the changes made to Articles 5
20and 12 of the Illinois Public Aid Code by this amendatory Act
21of the 102nd General Assembly may be adopted in accordance
22with Section 5-45 by the Department of Healthcare and Family
23Services or other department essential to the implementation
24of the changes. The adoption of emergency rules authorized by
25Section 5-45 and this Section is deemed to be necessary for the

 

 

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1public interest, safety, and welfare.
2    This Section is repealed one year after the effective date
3of this amendatory Act of the 102nd General Assembly.
 
4    (5 ILCS 100/5-45.10 new)
5    Sec. 5-45.10. Emergency rulemaking; Mental Health and
6Developmental Disabilities Administrative Act. To provide for
7the expeditious and timely implementation of the changes made
8to Section 74 of the Mental Health and Developmental
9Disabilities Administrative Act by this amendatory Act of the
10102nd General Assembly, emergency rules implementing the
11changes made to Section 74 of the Mental Health and
12Developmental Disabilities Administrative Act by this
13amendatory Act of the 102nd General Assembly may be adopted in
14accordance with Section 5-45 by the Department of Human
15Services or other department essential to the implementation
16of the changes. The adoption of emergency rules authorized by
17Section 5-45 and this Section is deemed to be necessary for the
18public interest, safety, and welfare.
19    This Section is repealed one year after the effective date
20of this amendatory Act of the 102nd General Assembly.
 
21    (5 ILCS 100/5-45.11 new)
22    Sec. 5-45.11. Emergency rulemaking; federal Coronavirus
23State Fiscal Recovery Fund. To provide for the expeditious and
24timely implementation of any programs changed or established

 

 

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1by this amendatory Act of the 102nd General Assembly and
2funded directly or indirectly with moneys from the federal
3Coronavirus State Fiscal Recovery Fund, emergency rules
4implementing such programs may be adopted in accordance with
5Section 5-45 by the Department of Commerce and Economic
6Opportunity. The adoption of emergency rules authorized by
7Section 5-45 and this Section is deemed to be necessary for the
8public interest, safety, and welfare.
9    This Section is repealed one year after the effective date
10of this amendatory Act of the 102nd General Assembly.
 
11    Section 3-10. The State Comptroller Act is amended by
12changing Section 25 as follows:
 
13    (15 ILCS 405/25)
14    Sec. 25. Fund.
15    (a) All cost recoveries, fees for services, and
16governmental grants received by the Comptroller shall be
17maintained in a special fund in the State treasury, to be known
18as the Comptroller's Administrative Fund. Moneys in the
19Comptroller's Administrative Fund may be utilized by the
20Comptroller, subject to appropriation, in the discharge of the
21duties of the office.
22    (b) The Comptroller may direct and the State Treasurer
23shall transfer amounts from the Comptroller's Administrative
24Fund into the Capital Facility and Technology Modernization

 

 

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1Fund as the Comptroller deems necessary. The Comptroller may
2direct and the State Treasurer shall transfer any such amounts
3so transferred to the Capital Facility and Technology
4Modernization Fund back to the Comptroller's Administrative
5Fund at any time.
6(Source: P.A. 89-511, eff. 1-1-97.)
 
7    Section 3-15. The Department of Commerce and Economic
8Opportunity Law of the Civil Administrative Code of Illinois
9is amended by changing Sections 605-705, 605-707, 605-1047,
10and 605-1050 as follows:
 
11    (20 ILCS 605/605-705)  (was 20 ILCS 605/46.6a)
12    Sec. 605-705. Grants to local tourism and convention
13bureaus.
14    (a) To establish a grant program for local tourism and
15convention bureaus. The Department will develop and implement
16a program for the use of funds, as authorized under this Act,
17by local tourism and convention bureaus. For the purposes of
18this Act, bureaus eligible to receive funds are those local
19tourism and convention bureaus that are (i) either units of
20local government or incorporated as not-for-profit
21organizations; (ii) in legal existence for a minimum of 2
22years before July 1, 2001; (iii) operating with a paid,
23full-time staff whose sole purpose is to promote tourism in
24the designated service area; and (iv) affiliated with one or

 

 

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1more municipalities or counties that support the bureau with
2local hotel-motel taxes. After July 1, 2001, bureaus
3requesting certification in order to receive funds for the
4first time must be local tourism and convention bureaus that
5are (i) either units of local government or incorporated as
6not-for-profit organizations; (ii) in legal existence for a
7minimum of 2 years before the request for certification; (iii)
8operating with a paid, full-time staff whose sole purpose is
9to promote tourism in the designated service area; and (iv)
10affiliated with multiple municipalities or counties that
11support the bureau with local hotel-motel taxes. Each bureau
12receiving funds under this Act will be certified by the
13Department as the designated recipient to serve an area of the
14State. Notwithstanding the criteria set forth in this
15subsection (a), or any rule adopted under this subsection (a),
16the Director of the Department may provide for the award of
17grant funds to one or more entities if in the Department's
18judgment that action is necessary in order to prevent a loss of
19funding critical to promoting tourism in a designated
20geographic area of the State.
21    (b) To distribute grants to local tourism and convention
22bureaus from appropriations made from the Local Tourism Fund
23for that purpose. Of the amounts appropriated annually to the
24Department for expenditure under this Section prior to July 1,
252011, one-third of those monies shall be used for grants to
26convention and tourism bureaus in cities with a population

 

 

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1greater than 500,000. The remaining two-thirds of the annual
2appropriation prior to July 1, 2011 shall be used for grants to
3convention and tourism bureaus in the remainder of the State,
4in accordance with a formula based upon the population served.
5Of the amounts appropriated annually to the Department for
6expenditure under this Section beginning July 1, 2011, 18% of
7such moneys shall be used for grants to convention and tourism
8bureaus in cities with a population greater than 500,000. Of
9the amounts appropriated annually to the Department for
10expenditure under this Section beginning July 1, 2011, 82% of
11such moneys shall be used for grants to convention bureaus in
12the remainder of the State, in accordance with a formula based
13upon the population served. The Department may reserve up to
143% of total local tourism funds available for costs of
15administering the program to conduct audits of grants, to
16provide incentive funds to those bureaus that will conduct
17promotional activities designed to further the Department's
18statewide advertising campaign, to fund special statewide
19promotional activities, and to fund promotional activities
20that support an increased use of the State's parks or historic
21sites. The Department shall require that any convention and
22tourism bureau receiving a grant under this Section that
23requires matching funds shall provide matching funds equal to
24no less than 50% of the grant amount except that in Fiscal
25Years 2021 and 2022 only Year 2021, the Department shall
26require that any convention and tourism bureau receiving a

 

 

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1grant under this Section that requires matching funds shall
2provide matching funds equal to no less than 25% of the grant
3amount. During fiscal year 2013, the Department shall reserve
4$2,000,000 of the available local tourism funds for
5appropriation to the Historic Preservation Agency for the
6operation of the Abraham Lincoln Presidential Library and
7Museum and State historic sites.
8    To provide for the expeditious and timely implementation
9of the changes made by this amendatory Act of the 101st General
10Assembly, emergency rules to implement the changes made by
11this amendatory Act of the 101st General Assembly may be
12adopted by the Department subject to the provisions of Section
135-45 of the Illinois Administrative Procedure Act.
14(Source: P.A. 100-678, eff. 8-3-18; 101-636, eff. 6-10-20.)
 
15    (20 ILCS 605/605-707)  (was 20 ILCS 605/46.6d)
16    Sec. 605-707. International Tourism Program.
17    (a) The Department of Commerce and Economic Opportunity
18must establish a program for international tourism. The
19Department shall develop and implement the program on January
201, 2000 by rule. As part of the program, the Department may
21work in cooperation with local convention and tourism bureaus
22in Illinois in the coordination of international tourism
23efforts at the State and local level. The Department may (i)
24work in cooperation with local convention and tourism bureaus
25for efficient use of their international tourism marketing

 

 

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1resources, (ii) promote Illinois in international meetings and
2tourism markets, (iii) work with convention and tourism
3bureaus throughout the State to increase the number of
4international tourists to Illinois, (iv) provide training,
5research, technical support, and grants to certified
6convention and tourism bureaus, (v) provide staff,
7administration, and related support required to manage the
8programs under this Section, and (vi) provide grants for the
9development of or the enhancement of international tourism
10attractions.
11    (b) The Department shall make grants for expenses related
12to international tourism and pay for the staffing,
13administration, and related support from the International
14Tourism Fund, a special fund created in the State Treasury. Of
15the amounts deposited into the Fund in fiscal year 2000 after
16January 1, 2000 through fiscal year 2011, 55% shall be used for
17grants to convention and tourism bureaus in Chicago (other
18than the City of Chicago's Office of Tourism) and 45% shall be
19used for development of international tourism in areas outside
20of Chicago. Of the amounts deposited into the Fund in fiscal
21year 2001 and thereafter, 55% shall be used for grants to
22convention and tourism bureaus in Chicago, and of that amount
23not less than 27.5% shall be used for grants to convention and
24tourism bureaus in Chicago other than the City of Chicago's
25Office of Tourism, and 45% shall be used for administrative
26expenses and grants authorized under this Section and

 

 

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1development of international tourism in areas outside of
2Chicago, of which not less than $1,000,000 shall be used
3annually to make grants to convention and tourism bureaus in
4cities other than Chicago that demonstrate their international
5tourism appeal and request to develop or expand their
6international tourism marketing program, and may also be used
7to provide grants under item (vi) of subsection (a) of this
8Section. All of the amounts deposited into the Fund in fiscal
9year 2012 and thereafter shall be used for administrative
10expenses and grants authorized under this Section and
11development of international tourism in areas outside of
12Chicago, of which not less than $1,000,000 shall be used
13annually to make grants to convention and tourism bureaus in
14cities other than Chicago that demonstrate their international
15tourism appeal and request to develop or expand their
16international tourism marketing program, and may also be used
17to provide grants under item (vi) of subsection (a) of this
18Section. Amounts appropriated to the State Comptroller for
19administrative expenses and grants authorized by the Illinois
20Global Partnership Act are payable from the International
21Tourism Fund. For Fiscal Years 2021 and 2022 Year 2021 only,
22the administrative expenses by the Department and the grants
23to convention and visitors bureaus outside the City of Chicago
24may be expended for the general purposes of promoting
25conventions and tourism.
26    (c) A convention and tourism bureau is eligible to receive

 

 

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1grant moneys under this Section if the bureau is certified to
2receive funds under Title 14 of the Illinois Administrative
3Code, Section 550.35. To be eligible for a grant, a convention
4and tourism bureau must provide matching funds equal to the
5grant amount. The Department shall require that any convention
6and tourism bureau receiving a grant under this Section that
7requires matching funds shall provide matching funds equal to
8no less than 50% of the grant amount. In certain circumstances
9as determined by the Director of Commerce and Economic
10Opportunity, however, the City of Chicago's Office of Tourism
11or any other convention and tourism bureau may provide
12matching funds equal to no less than 50% of the grant amount to
13be eligible to receive the grant. One-half of this 50% may be
14provided through in-kind contributions. Grants received by the
15City of Chicago's Office of Tourism and by convention and
16tourism bureaus in Chicago may be expended for the general
17purposes of promoting conventions and tourism.
18(Source: P.A. 101-636, eff. 6-10-20.)
 
19    (20 ILCS 605/605-1047)
20    Sec. 605-1047 605-1045. Local Coronavirus Urgent
21Remediation Emergency (or Local CURE) Support Program.
22    (a) Purpose. The Department may receive, directly or
23indirectly, federal funds from the Coronavirus Relief Fund
24provided to the State pursuant to Section 5001 of the federal
25Coronavirus Aid, Relief, and Economic Security (CARES) Act to

 

 

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1provide financial support to units of local government for
2purposes authorized by Section 5001 of the federal Coronavirus
3Aid, Relief, and Economic Security (CARES) Act and related
4federal guidance. Upon receipt of such funds, and
5appropriations for their use, the Department shall administer
6a Local Coronavirus Urgent Remediation Emergency (or Local
7CURE) Support Program to provide financial support to units of
8local government that have incurred necessary expenditures due
9to the COVID-19 public health emergency. The Department shall
10provide by rule the administrative framework for the Local
11CURE Support Program.
12    (b) Allocations. A portion of the funds appropriated for
13the Local CURE Support Program may be allotted to
14municipalities and counties based on proportionate population.
15Units of local government, or portions thereof, located within
16the five Illinois counties that received direct allotments
17from the federal Coronavirus Relief Fund will not be included
18in the support program allotments. The Department may
19establish other administrative procedures for providing
20financial support to units of local government. Appropriated
21funds may be used for administration of the support program,
22including the hiring of a service provider to assist with
23coordination and administration.
24    (c) Administrative Procedures. The Department may
25establish administrative procedures for the support program,
26including any application procedures, grant agreements,

 

 

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1certifications, payment methodologies, and other
2accountability measures that may be imposed upon recipients of
3funds under the grant program. Financial support may be
4provided in the form of grants or in the form of expense
5reimbursements for disaster-related expenditures. The
6emergency rulemaking process may be used to promulgate the
7initial rules of the grant program.
8    (d) Definitions. As used in this Section:
9        (1) "COVID-19" means the novel coronavirus virus
10    disease deemed COVID-19 by the World Health Organization
11    on February 11, 2020.
12        (2) "Local government" or "unit of local government"
13    means any unit of local government as defined in Article
14    VII, Section 1 of the Illinois Constitution.
15        (3) "Third party administrator" means a service
16    provider selected by the Department to provide operational
17    assistance with the administration of the support program.
18    (e) Powers of the Department. The Department has the power
19to:
20        (1) Provide financial support to eligible units of
21    local government with funds appropriated from the Local
22    Coronavirus Urgent Remediation Emergency (Local CURE) Fund
23    to cover necessary costs incurred due to the COVID-19
24    public health emergency that are eligible to be paid using
25    federal funds from the Coronavirus Relief Fund.
26        (2) Enter into agreements, accept funds, issue grants

 

 

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1    or expense reimbursements, and engage in cooperation with
2    agencies of the federal government and units of local
3    governments to carry out the purposes of this support
4    program, and to use funds appropriated from the Local
5    Coronavirus Urgent Remediation Emergency (Local CURE) Fund
6    fund upon such terms and conditions as may be established
7    by the federal government and the Department.
8        (3) Enter into agreements with third-party
9    administrators to assist the state with operational
10    assistance and administrative functions related to review
11    of documentation and processing of financial support
12    payments to units of local government.
13        (4) Establish applications, notifications, contracts,
14    and procedures and adopt rules deemed necessary and
15    appropriate to carry out the provisions of this Section.
16    To provide for the expeditious and timely implementation
17    of this Act, emergency rules to implement any provision of
18    this Section may be adopted by the Department subject to
19    the provisions of Section 5-45 of the Illinois
20    Administrative Procedure Act.
21        (5) Provide staff, administration, and related support
22    required to manage the support program and pay for the
23    staffing, administration, and related support with funds
24    appropriated from the Local Coronavirus Urgent Remediation
25    Emergency (Local CURE) Fund.
26        (6) Exercise such other powers as are necessary or

 

 

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1    incidental to the foregoing.
2    (f) Local CURE Financial Support to Local Governments. The
3Department is authorized to provide financial support to
4eligible units of local government including, but not limited
5to, certified local health departments for necessary costs
6incurred due to the COVID-19 public health emergency that are
7eligible to be paid using federal funds from the Coronavirus
8Relief Fund.
9        (1) Financial support funds may be used by a unit of
10    local government only for payment of costs that: (i) are
11    necessary expenditures incurred due to the public health
12    emergency of COVID-19; (ii) were not accounted for in the
13    most recent budget approved as of March 27, 2020 for the
14    unit of local government; and (iii) were incurred between
15    March 1, 2020 and December 31, 2021, or until the end of
16    any extension of the covered period authorized by federal
17    law 30, 2020.
18        (2) A unit of local government receiving financial
19    support funds under this program shall certify to the
20    Department that it shall use the funds in accordance with
21    the requirements of paragraph (1) and that any funds
22    received but not used for such purposes shall be repaid to
23    the Department.
24        (3) The Department shall make the determination to
25    provide financial support funds to a unit of local
26    government on the basis of criteria established by the

 

 

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1    Department.
2    (g) Additional Purpose. The Local CURE Fund may receive,
3directly or indirectly, federal funds from the Coronavirus
4Local Fiscal Recovery Fund pursuant to Section 9901 of the
5federal American Rescue Plan Act of 2021 in order to
6distribute the funds to units of local government in
7accordance with Section 9901 of the American Recovery Plan Act
8and any related federal guidance. Upon receipt of such funds
9into the Local CURE Fund, as instructed by the Governor, the
10Department shall cooperate with the Department of Revenue and
11any other relevant agency to administer the distribution of
12such funds to the appropriate units of local government.
13(Source: P.A. 101-636, eff. 6-10-20; revised 8-3-20.)
 
14    (20 ILCS 605/605-1050)
15    Sec. 605-1050. Coronavirus Back to Business Interruption
16Grant Program (or Back to Business BIG Program).
17    (a) Purpose. The Department may receive State funds and,
18directly or indirectly, federal funds under the authority of
19legislation passed in response to the Coronavirus epidemic
20including, but not limited to, the Coronavirus Aid, Relief,
21and Economic Security Act, P.L. 116-136 (the "CARES Act") and
22the American Rescue Plan Act of 2021, P.L. 117-2 (the "ARPA
23Act"); such funds shall be used in accordance with the CARES
24Act and ARPA Act legislation and published guidance. Section
255001 of the CARES Act establishes the Coronavirus Relief Fund,

 

 

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1which authorizes the State to expend funds that are necessary
2to respond to the COVID-19 public health emergency. The
3financial support of Qualifying Businesses is a necessary
4expense under federal guidance for implementing Section 5001
5of the CARES Act. Upon receipt or availability of such State or
6federal funds, and subject to appropriations for their use,
7the Department shall administer a program to provide financial
8assistance to Qualifying Businesses that have experienced
9interruption of business or other adverse conditions
10attributable to the COVID-19 public health emergency. Support
11may be provided directly by the Department to businesses and
12organizations or in cooperation with a Qualified Partner.
13Financial assistance may include, but not be limited to
14grants, expense reimbursements, or subsidies.
15    (b) From appropriations for the Back to Business BIG
16Program, up to $60,000,000 may be allotted to the repayment or
17conversion of Eligible Loans made pursuant to the Department's
18Emergency Loan Fund Program. An Eligible Loan may be repaid or
19converted through a grant payment, subsidy, or reimbursement
20payment to the recipient or, on behalf of the recipient, to the
21Qualified Partner, or by any other lawful method.
22    (c) From appropriations for the Back to Business BIG
23Program, the Department shall provide financial assistance
24through grants, expense reimbursements, or subsidies to
25Qualifying Businesses or a Qualified Partner to cover expenses
26or losses incurred due to the COVID-19 public health emergency

 

 

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1or for start-up costs of a new Qualifying Business. With a
2minimum of 50% going to Qualified Businesses that enable
3critical support services such as child care, day care, and
4early childhood education, the BIG Program will reimburse
5costs or losses incurred by Qualifying Businesses due to
6business interruption caused by required closures, as
7authorized in federal guidance regarding the Coronavirus
8Relief Fund. All spending related to this program from federal
9funds must be reimbursable by the Federal Coronavirus Relief
10Fund in accordance with Section 5001 of the federal CARES Act,
11the ARPA Act, and any related federal guidance, or the
12provisions of any other federal source supporting the program.
13    (d) As more fully described in subsection (c), funds will
14be appropriated to the Back to Business BIG Program for
15distribution to or on behalf of Qualifying Businesses. Of the
16funds appropriated, a minimum of 40% 30% shall be allotted for
17Qualifying Qualified Businesses with ZIP codes located in the
18most disproportionately impacted areas of Illinois, based on
19positive COVID-19 cases.
20    (e) The Department shall coordinate with the Department of
21Human Services with respect to making grants, expense
22reimbursements or subsidies to any child care or day care
23provider providing services under Section 9A-11 of the
24Illinois Public Aid Code to determine what resources the
25Department of Human Services may be providing to a child care
26or day care provider under Section 9A-11 of the Illinois

 

 

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1Public Aid Code.
2    (f) The Department may establish by rule administrative
3procedures for the grant program, including any application
4procedures, grant agreements, certifications, payment
5methodologies, and other accountability measures that may be
6imposed upon participants in the program. The emergency
7rulemaking process may be used to promulgate the initial rules
8of the grant program and any amendments to the rules following
9the effective date of this amendatory Act of the 102nd General
10Assembly.
11    (g) Definitions. As used in this Section:
12        (1) "COVID-19" means the novel coronavirus disease
13    deemed COVID-19 by the World Health Organization on
14    February 11, 2020.
15        (2) "Qualifying Business" means a business or
16    organization that has experienced or is experiencing
17    business interruption or other adverse conditions due to
18    the COVID-19 public health emergency, and includes a new
19    business or organization started after March 1, 2020 in
20    the midst of adverse conditions due to the COVID-19 public
21    health emergency. and is eligible for reimbursement as
22    prescribed by Section 601(a) of the Social Security Act
23    and added by Section 5001 of the CARES Act or other federal
24    legislation addressing the COVID-19 crisis.
25        (3) "Eligible Loan" means a loan of up to $50,000 that
26    was deemed eligible for funding under the Department's

 

 

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1    Emergency Loan Fund Program and for which repayment will
2    be eligible for reimbursement from Coronavirus Relief Fund
3    monies pursuant to Section 5001 of the federal CARES Act
4    or the ARPA Act and any related federal guidance.
5        (4) "Emergency Loan Fund Program", also referred to as
6    the "COVID-19 Emergency Relief Program", is a program
7    executed by the Department by which the State Small
8    Business Credit Initiative fund is utilized to guarantee
9    loans released by a financial intermediary or Qualified
10    Partner.
11        (5) "Qualified Partner" means a financial institution
12    or nonprofit with which the Department has entered into an
13    agreement or contract to provide or incentivize assistance
14    to Qualifying Businesses.
15    (h) Powers of the Department. The Department has the power
16to:
17        (1) provide grants, subsidies and expense
18    reimbursements to Qualifying Qualified Businesses or, on
19    behalf of Qualifying Qualified Businesses, to Qualifying
20    Qualified Partners from appropriations to cover Qualifying
21    Qualified Businesses eligible costs or losses incurred due
22    to the COVID-19 public health emergency, including losses
23    caused by business interruption or closure and including
24    start-up costs for new Qualifying Businesses;
25        (2) enter into agreements, accept funds, issue grants,
26    and engage in cooperation with agencies of the federal

 

 

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1    government, units of local government, financial
2    institutions, and nonprofit organizations to carry out the
3    purposes of this Program, and to use funds appropriated
4    for the Back to Business BIG Program;
5        (3) prepare forms for application, notification,
6    contract, and other matters, and establish procedures,
7    rules, or regulations deemed necessary and appropriate to
8    carry out the provisions of this Section;
9        (4) provide staff, administration, and related support
10    required to manage the Back to Business BIG Program and
11    pay for the staffing, administration, and related support;
12        (5) using data provided by the Illinois Department of
13    Public Health and other reputable sources, determine which
14    geographic regions in Illinois have been most
15    disproportionately impacted by the COVID-19 public health
16    emergency, considering factors of positive cases, positive
17    case rates, and economic impact; and
18        (6) determine which industries and businesses in
19    Illinois have been most disproportionately impacted by the
20    COVID-19 public health emergency and establish procedures
21    that prioritize greatly impacted industries and
22    businesses, as well as Qualifying Qualified Businesses
23    that did not receive paycheck protection program
24    assistance.
25(Source: P.A. 101-636, eff. 6-10-20.)
 

 

 

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1    Section 3-20. The Illinois Economic Opportunity Act is
2amended by changing Sections 2 and 4 as follows:
 
3    (20 ILCS 625/2)  (from Ch. 127, par. 2602)
4    Sec. 2. (a) The Director of Commerce and Economic
5Opportunity is authorized to administer the federal community
6services block program, emergency community services homeless
7grant program, low-income energy assistance program,
8weatherization assistance program, supplemental low-income
9energy assistance fund, low-income household water assistance
10program, and other federal programs that require or give
11preference to community action agencies for local
12administration in accordance with federal laws and regulations
13as amended. The Director shall provide financial assistance to
14community action agencies from community service block grant
15funds and other federal funds requiring or giving preference
16to community action agencies for local administration for the
17programs described in Section 4.
18    (b) Funds appropriated for use by community action
19agencies in community action programs shall be allocated
20annually to existing community action agencies or newly formed
21community action agencies by the Department of Commerce and
22Economic Opportunity. Allocations will be made consistent with
23duly enacted departmental rules.
24(Source: P.A. 96-154, eff. 1-1-10.)
 

 

 

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1    (20 ILCS 625/4)  (from Ch. 127, par. 2604)
2    Sec. 4. (a) A community action program is a
3community-based and operated program, the purpose of which is
4to provide a measurable and remedial impact on causes of
5poverty in a community or those areas of a community where
6poverty is acute.
7    (b) The methods by which the purposes of community action
8programs may be effected include, but are not limited to, the
9following:
10        (1) Programs designed to further community economic
11    development. ;
12        (2) Programs designed to secure and maintain
13    meaningful employment for individuals. ;
14        (3) Programs to assure an adequate education for all
15    individuals. ;
16        (4) Programs to instruct individuals on more
17    economical uses of available income. ;
18        (5) Programs to provide and maintain adequate housing.
19    ;
20        (6) Programs for the prevention of narcotics addiction
21    and alcoholism, and for the rehabilitation of narcotics
22    addicts and alcoholics. ;
23        (7) Programs to aid individuals in obtaining emergency
24    assistance through loans or grants to meet immediate and
25    urgent personal and family needs. ;
26        (8) Programs to aid in the resolution of personal and

 

 

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1    family problems which block the achievement of
2    self-sufficiency. ;
3        (9) Programs to achieve greater citizen participation
4    in the affairs of the community. ;
5        (10) Programs to provide adequate nutrition for
6    individuals and improved community health. ;
7        (11) Programs to aid families and individuals in
8    obtaining adequate health care. ;
9        (12) Programs to provide transportation to facilitate
10    individuals' access to community resources. ;
11        (13) Programs to provide for employment training and
12    retraining, with special emphasis on employment in the
13    high technology industries. ; and
14        (14) Programs to provide aid and encouragement to
15    small businesses and small-business development.
16        (15) Programs to assist households to meet the cost of
17    home energy and water.
18        (16) Programs designed to ameliorate the adverse
19    effects of high energy costs on low-income households and
20    the conserve energy.
21(Source: P.A. 87-926.)
 
22    Section 3-30. The Department of Innovation and Technology
23Act is amended by adding Section 1-65 as follows:
 
24    (20 ILCS 1370/1-65 new)

 

 

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1    Sec. 1-65. Authority to Receive Financial and In-kind
2Assistance. The Department may receive federal financial
3assistance, either directly from the federal government or
4indirectly through another source, public or private. The
5Department may also receive transfers, gifts, grants, or
6donations from any source, public or private, in the form of
7funds, services, equipment, supplies, or materials. Any funds
8received pursuant to this Section shall be deposited in the
9DoIT Special Projects Fund unless deposit in a different fund
10is otherwise mandated, and shall be used in accordance with
11the requirements of the federal financial assistance, gift,
12grant, or donation for purposes related to information
13technology within the powers and duties of the Department.
 
14    Section 3-35. The Mental Health and Developmental
15Disabilities Administrative Act is amended by changing Section
1674 as follows:
 
17    (20 ILCS 1705/74)
18    Sec. 74. Rates and reimbursements.
19    (a) Within 30 days after July 6, 2017 (the effective date
20of Public Act 100-23), the Department shall increase rates and
21reimbursements to fund a minimum of a $0.75 per hour wage
22increase for front-line personnel, including, but not limited
23to, direct support persons, aides, front-line supervisors,
24qualified intellectual disabilities professionals, nurses, and

 

 

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1non-administrative support staff working in community-based
2provider organizations serving individuals with developmental
3disabilities. The Department shall adopt rules, including
4emergency rules under subsection (y) of Section 5-45 of the
5Illinois Administrative Procedure Act, to implement the
6provisions of this Section.
7    (b) Rates and reimbursements. Within 30 days after the
8effective date of this amendatory Act of the 100th General
9Assembly, the Department shall increase rates and
10reimbursements to fund a minimum of a $0.50 per hour wage
11increase for front-line personnel, including, but not limited
12to, direct support persons, aides, front-line supervisors,
13qualified intellectual disabilities professionals, nurses, and
14non-administrative support staff working in community-based
15provider organizations serving individuals with developmental
16disabilities. The Department shall adopt rules, including
17emergency rules under subsection (bb) of Section 5-45 of the
18Illinois Administrative Procedure Act, to implement the
19provisions of this Section.
20    (c) Rates and reimbursements. Within 30 days after the
21effective date of this amendatory Act of the 101st General
22Assembly, subject to federal approval, the Department shall
23increase rates and reimbursements in effect on June 30, 2019
24for community-based providers for persons with Developmental
25Disabilities by 3.5% The Department shall adopt rules,
26including emergency rules under subsection (jj) of Section

 

 

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15-45 of the Illinois Administrative Procedure Act, to
2implement the provisions of this Section, including wage
3increases for direct care staff.
4    (d) For community-based providers serving persons with
5intellectual/developmental disabilities, subject to federal
6approval of any relevant Waiver Amendment, the rates taking
7effect for services delivered on or after January 1, 2022,
8shall include an increase in the rate methodology sufficient
9to provide a $1.50 per hour wage increase for direct support
10personnel in residential settings and sufficient to provide
11wages for all residential non-executive direct care staff,
12excluding direct support personnel, at the federal Department
13of Labor, Bureau of Labor Statistics' average wage as defined
14in rule by the Department.
15    The establishment of and any changes to the rate
16methodologies for community-based services provided to persons
17with intellectual/developmental disabilities are subject to
18federal approval of any relevant Waiver Amendment and shall be
19defined in rule by the Department. The Department shall adopt
20rules, including emergency rules as authorized by Section 5-45
21of the Illinois Administrative Procedure Act, to implement the
22provisions of this subsection (d).
23(Source: P.A. 100-23, eff. 7-6-17; 100-587, eff. 6-4-18;
24101-10, eff. 6-5-19.)
 
25    Section 3-40. The Illinois Lottery Law is amended by

 

 

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1changing Section 20 as follows:
 
2    (20 ILCS 1605/20)  (from Ch. 120, par. 1170)
3    Sec. 20. State Lottery Fund.
4    (a) There is created in the State Treasury a special fund
5to be known as the State Lottery Fund. Such fund shall consist
6of all revenues received from (1) the sale of lottery tickets
7or shares, (net of commissions, fees representing those
8expenses that are directly proportionate to the sale of
9tickets or shares at the agent location, and prizes of less
10than $600 which have been validly paid at the agent level), (2)
11application fees, and (3) all other sources including moneys
12credited or transferred thereto from any other fund or source
13pursuant to law. Interest earnings of the State Lottery Fund
14shall be credited to the Common School Fund.
15    (b) The receipt and distribution of moneys under Section
1621.5 of this Act shall be in accordance with Section 21.5.
17    (c) The receipt and distribution of moneys under Section
1821.6 of this Act shall be in accordance with Section 21.6.
19    (d) The receipt and distribution of moneys under Section
2021.7 of this Act shall be in accordance with Section 21.7.
21    (e) The receipt and distribution of moneys under Section
2221.8 of this Act shall be in accordance with Section 21.8.
23    (f) The receipt and distribution of moneys under Section
2421.9 of this Act shall be in accordance with Section 21.9.
25    (g) The receipt and distribution of moneys under Section

 

 

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121.10 of this Act shall be in accordance with Section 21.10.
2    (h) The receipt and distribution of moneys under Section
321.11 of this Act shall be in accordance with Section 21.11.
4    (i) The receipt and distribution of moneys under Section
521.12 of this Act shall be in accordance with Section 21.12.
6    (j) The receipt and distribution of moneys under Section
721.13 of this Act shall be in accordance with Section 21.13.
8    (k) The receipt and distribution of moneys under Section
925-70 of the Sports Wagering Act shall be in accordance with
10Section 25-70 of the Sports Wagering Act.
11(Source: P.A. 100-647, eff. 7-30-18; 100-1068, eff. 8-24-18;
12101-81, eff. 7-12-19; 101-561, eff. 8-23-19.)
 
13    Section 3-45. The Illinois Emergency Management Agency Act
14is amended by changing Section 5 as follows:
 
15    (20 ILCS 3305/5)  (from Ch. 127, par. 1055)
16    Sec. 5. Illinois Emergency Management Agency.
17    (a) There is created within the executive branch of the
18State Government an Illinois Emergency Management Agency and a
19Director of the Illinois Emergency Management Agency, herein
20called the "Director" who shall be the head thereof. The
21Director shall be appointed by the Governor, with the advice
22and consent of the Senate, and shall serve for a term of 2
23years beginning on the third Monday in January of the
24odd-numbered year, and until a successor is appointed and has

 

 

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1qualified; except that the term of the first Director
2appointed under this Act shall expire on the third Monday in
3January, 1989. The Director shall not hold any other
4remunerative public office. For terms ending before December
531, 2019, the Director shall receive an annual salary as set by
6the Compensation Review Board. For terms beginning after the
7effective date of this amendatory Act of the 100th General
8Assembly, the annual salary of the Director shall be as
9provided in Section 5-300 of the Civil Administrative Code of
10Illinois.
11    (b) The Illinois Emergency Management Agency shall obtain,
12under the provisions of the Personnel Code, technical,
13clerical, stenographic and other administrative personnel, and
14may make expenditures within the appropriation therefor as may
15be necessary to carry out the purpose of this Act. The agency
16created by this Act is intended to be a successor to the agency
17created under the Illinois Emergency Services and Disaster
18Agency Act of 1975 and the personnel, equipment, records, and
19appropriations of that agency are transferred to the successor
20agency as of June 30, 1988 (the effective date of this Act).
21    (c) The Director, subject to the direction and control of
22the Governor, shall be the executive head of the Illinois
23Emergency Management Agency and the State Emergency Response
24Commission and shall be responsible under the direction of the
25Governor, for carrying out the program for emergency
26management of this State. The Director shall also maintain

 

 

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1liaison and cooperate with the emergency management
2organizations of this State and other states and of the
3federal government.
4    (d) The Illinois Emergency Management Agency shall take an
5integral part in the development and revision of political
6subdivision emergency operations plans prepared under
7paragraph (f) of Section 10. To this end it shall employ or
8otherwise secure the services of professional and technical
9personnel capable of providing expert assistance to the
10emergency services and disaster agencies. These personnel
11shall consult with emergency services and disaster agencies on
12a regular basis and shall make field examinations of the
13areas, circumstances, and conditions that particular political
14subdivision emergency operations plans are intended to apply.
15    (e) The Illinois Emergency Management Agency and political
16subdivisions shall be encouraged to form an emergency
17management advisory committee composed of private and public
18personnel representing the emergency management phases of
19mitigation, preparedness, response, and recovery. The Local
20Emergency Planning Committee, as created under the Illinois
21Emergency Planning and Community Right to Know Act, shall
22serve as an advisory committee to the emergency services and
23disaster agency or agencies serving within the boundaries of
24that Local Emergency Planning Committee planning district for:
25        (1) the development of emergency operations plan
26    provisions for hazardous chemical emergencies; and

 

 

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1        (2) the assessment of emergency response capabilities
2    related to hazardous chemical emergencies.
3    (f) The Illinois Emergency Management Agency shall:
4        (1) Coordinate the overall emergency management
5    program of the State.
6        (2) Cooperate with local governments, the federal
7    government and any public or private agency or entity in
8    achieving any purpose of this Act and in implementing
9    emergency management programs for mitigation,
10    preparedness, response, and recovery.
11        (2.5) Develop a comprehensive emergency preparedness
12    and response plan for any nuclear accident in accordance
13    with Section 65 of the Nuclear Safety Law of 2004 and in
14    development of the Illinois Nuclear Safety Preparedness
15    program in accordance with Section 8 of the Illinois
16    Nuclear Safety Preparedness Act.
17        (2.6) Coordinate with the Department of Public Health
18    with respect to planning for and responding to public
19    health emergencies.
20        (3) Prepare, for issuance by the Governor, executive
21    orders, proclamations, and regulations as necessary or
22    appropriate in coping with disasters.
23        (4) Promulgate rules and requirements for political
24    subdivision emergency operations plans that are not
25    inconsistent with and are at least as stringent as
26    applicable federal laws and regulations.

 

 

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1        (5) Review and approve, in accordance with Illinois
2    Emergency Management Agency rules, emergency operations
3    plans for those political subdivisions required to have an
4    emergency services and disaster agency pursuant to this
5    Act.
6        (5.5) Promulgate rules and requirements for the
7    political subdivision emergency management exercises,
8    including, but not limited to, exercises of the emergency
9    operations plans.
10        (5.10) Review, evaluate, and approve, in accordance
11    with Illinois Emergency Management Agency rules, political
12    subdivision emergency management exercises for those
13    political subdivisions required to have an emergency
14    services and disaster agency pursuant to this Act.
15        (6) Determine requirements of the State and its
16    political subdivisions for food, clothing, and other
17    necessities in event of a disaster.
18        (7) Establish a register of persons with types of
19    emergency management training and skills in mitigation,
20    preparedness, response, and recovery.
21        (8) Establish a register of government and private
22    response resources available for use in a disaster.
23        (9) Expand the Earthquake Awareness Program and its
24    efforts to distribute earthquake preparedness materials to
25    schools, political subdivisions, community groups, civic
26    organizations, and the media. Emphasis will be placed on

 

 

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1    those areas of the State most at risk from an earthquake.
2    Maintain the list of all school districts, hospitals,
3    airports, power plants, including nuclear power plants,
4    lakes, dams, emergency response facilities of all types,
5    and all other major public or private structures which are
6    at the greatest risk of damage from earthquakes under
7    circumstances where the damage would cause subsequent harm
8    to the surrounding communities and residents.
9        (10) Disseminate all information, completely and
10    without delay, on water levels for rivers and streams and
11    any other data pertaining to potential flooding supplied
12    by the Division of Water Resources within the Department
13    of Natural Resources to all political subdivisions to the
14    maximum extent possible.
15        (11) Develop agreements, if feasible, with medical
16    supply and equipment firms to supply resources as are
17    necessary to respond to an earthquake or any other
18    disaster as defined in this Act. These resources will be
19    made available upon notifying the vendor of the disaster.
20    Payment for the resources will be in accordance with
21    Section 7 of this Act. The Illinois Department of Public
22    Health shall determine which resources will be required
23    and requested.
24        (11.5) In coordination with the Department of State
25    Police, develop and implement a community outreach program
26    to promote awareness among the State's parents and

 

 

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1    children of child abduction prevention and response.
2        (12) Out of funds appropriated for these purposes,
3    award capital and non-capital grants to Illinois hospitals
4    or health care facilities located outside of a city with a
5    population in excess of 1,000,000 to be used for purposes
6    that include, but are not limited to, preparing to respond
7    to mass casualties and disasters, maintaining and
8    improving patient safety and quality of care, and
9    protecting the confidentiality of patient information. No
10    single grant for a capital expenditure shall exceed
11    $300,000. No single grant for a non-capital expenditure
12    shall exceed $100,000. In awarding such grants, preference
13    shall be given to hospitals that serve a significant
14    number of Medicaid recipients, but do not qualify for
15    disproportionate share hospital adjustment payments under
16    the Illinois Public Aid Code. To receive such a grant, a
17    hospital or health care facility must provide funding of
18    at least 50% of the cost of the project for which the grant
19    is being requested. In awarding such grants the Illinois
20    Emergency Management Agency shall consider the
21    recommendations of the Illinois Hospital Association.
22        (13) Do all other things necessary, incidental or
23    appropriate for the implementation of this Act.
24    (g) The Illinois Emergency Management Agency is authorized
25to make grants to various higher education institutions,
26public K-12 school districts, area vocational centers as

 

 

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1designated by the State Board of Education, inter-district
2special education cooperatives, regional safe schools, and
3nonpublic K-12 schools for safety and security improvements.
4For the purpose of this subsection (g), "higher education
5institution" means a public university, a public community
6college, or an independent, not-for-profit or for-profit
7higher education institution located in this State. Grants
8made under this subsection (g) shall be paid out of moneys
9appropriated for that purpose from the Build Illinois Bond
10Fund. The Illinois Emergency Management Agency shall adopt
11rules to implement this subsection (g). These rules may
12specify: (i) the manner of applying for grants; (ii) project
13eligibility requirements; (iii) restrictions on the use of
14grant moneys; (iv) the manner in which the various higher
15education institutions must account for the use of grant
16moneys; and (v) any other provision that the Illinois
17Emergency Management Agency determines to be necessary or
18useful for the administration of this subsection (g).
19    (g-5) The Illinois Emergency Management Agency is
20authorized to make grants to not-for-profit organizations
21which are exempt from federal income taxation under section
22501(c)(3) of the Federal Internal Revenue Code for eligible
23security improvements that assist the organization in
24preventing, preparing for, or responding to acts of terrorism.
25The Director shall establish procedures and forms by which
26applicants may apply for a grant and procedures for

 

 

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1distributing grants to recipients. The procedures shall
2require each applicant to do the following:
3        (1) identify and substantiate prior threats or attacks
4    by a terrorist organization, network, or cell against the
5    not-for-profit organization;
6        (2) indicate the symbolic or strategic value of one or
7    more sites that renders the site a possible target of
8    terrorism;
9        (3) discuss potential consequences to the organization
10    if the site is damaged, destroyed, or disrupted by a
11    terrorist act;
12        (4) describe how the grant will be used to integrate
13    organizational preparedness with broader State and local
14    preparedness efforts;
15        (5) submit a vulnerability assessment conducted by
16    experienced security, law enforcement, or military
17    personnel, and a description of how the grant award will
18    be used to address the vulnerabilities identified in the
19    assessment; and
20        (6) submit any other relevant information as may be
21    required by the Director.
22    The Agency is authorized to use funds appropriated for the
23grant program described in this subsection (g-5) to administer
24the program.
25    (h) Except as provided in Section 17.5 of this Act, any
26moneys received by the Agency from donations or sponsorships

 

 

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1unrelated to a disaster shall be deposited in the Emergency
2Planning and Training Fund and used by the Agency, subject to
3appropriation, to effectuate planning and training activities.
4Any moneys received by the Agency from donations during a
5disaster and intended for disaster response or recovery shall
6be deposited into the Disaster Response and Recovery Fund and
7used for disaster response and recovery pursuant to the
8Disaster Relief Act.
9    (i) The Illinois Emergency Management Agency may by rule
10assess and collect reasonable fees for attendance at
11Agency-sponsored conferences to enable the Agency to carry out
12the requirements of this Act. Any moneys received under this
13subsection shall be deposited in the Emergency Planning and
14Training Fund and used by the Agency, subject to
15appropriation, for planning and training activities.
16    (j) The Illinois Emergency Management Agency is authorized
17to make grants to other State agencies, public universities,
18units of local government, and statewide mutual aid
19organizations to enhance statewide emergency preparedness and
20response.
21(Source: P.A. 100-444, eff. 1-1-18; 100-508, eff. 9-15-17;
22100-587, eff. 6-4-18; 100-863, eff. 8-14-18; 100-1179, eff.
231-18-19.)
 
24    (30 ILCS 105/5.414 rep.)
25    Section 3-46. The State Finance Act is amended by

 

 

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1repealing Section 5.414.
 
2    Section 3-50. The State Revenue Sharing Act is amended by
3changing Section 12 as follows:
 
4    (30 ILCS 115/12)  (from Ch. 85, par. 616)
5    Sec. 12. Personal Property Tax Replacement Fund. There is
6hereby created the Personal Property Tax Replacement Fund, a
7special fund in the State Treasury into which shall be paid all
8revenue realized:
9        (a) all amounts realized from the additional personal
10    property tax replacement income tax imposed by subsections
11    (c) and (d) of Section 201 of the Illinois Income Tax Act,
12    except for those amounts deposited into the Income Tax
13    Refund Fund pursuant to subsection (c) of Section 901 of
14    the Illinois Income Tax Act; and
15        (b) all amounts realized from the additional personal
16    property replacement invested capital taxes imposed by
17    Section 2a.1 of the Messages Tax Act, Section 2a.1 of the
18    Gas Revenue Tax Act, Section 2a.1 of the Public Utilities
19    Revenue Act, and Section 3 of the Water Company Invested
20    Capital Tax Act, and amounts payable to the Department of
21    Revenue under the Telecommunications Infrastructure
22    Maintenance Fee Act.
23    As soon as may be after the end of each month, the
24Department of Revenue shall certify to the Treasurer and the

 

 

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1Comptroller the amount of all refunds paid out of the General
2Revenue Fund through the preceding month on account of
3overpayment of liability on taxes paid into the Personal
4Property Tax Replacement Fund. Upon receipt of such
5certification, the Treasurer and the Comptroller shall
6transfer the amount so certified from the Personal Property
7Tax Replacement Fund into the General Revenue Fund.
8    The payments of revenue into the Personal Property Tax
9Replacement Fund shall be used exclusively for distribution to
10taxing districts, regional offices and officials, and local
11officials as provided in this Section and in the School Code,
12payment of the ordinary and contingent expenses of the
13Property Tax Appeal Board, payment of the expenses of the
14Department of Revenue incurred in administering the collection
15and distribution of monies paid into the Personal Property Tax
16Replacement Fund and transfers due to refunds to taxpayers for
17overpayment of liability for taxes paid into the Personal
18Property Tax Replacement Fund.
19    In addition, moneys in the Personal Property Tax
20Replacement Fund may be used to pay any of the following: (i)
21salary, stipends, and additional compensation as provided by
22law for chief election clerks, county clerks, and county
23recorders; (ii) costs associated with regional offices of
24education and educational service centers; (iii)
25reimbursements payable by the State Board of Elections under
26Section 4-25, 5-35, 6-71, 13-10, 13-10a, or 13-11 of the

 

 

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1Election Code; (iv) expenses of the Illinois Educational Labor
2Relations Board; and (v) salary, personal services, and
3additional compensation as provided by law for court reporters
4under the Court Reporters Act.
5    As soon as may be after June 26, 1980 (the effective date
6of Public Act 81-1255), the Department of Revenue shall
7certify to the Treasurer the amount of net replacement revenue
8paid into the General Revenue Fund prior to that effective
9date from the additional tax imposed by Section 2a.1 of the
10Messages Tax Act; Section 2a.1 of the Gas Revenue Tax Act;
11Section 2a.1 of the Public Utilities Revenue Act; Section 3 of
12the Water Company Invested Capital Tax Act; amounts collected
13by the Department of Revenue under the Telecommunications
14Infrastructure Maintenance Fee Act; and the additional
15personal property tax replacement income tax imposed by the
16Illinois Income Tax Act, as amended by Public Act 81-1st
17Special Session-1. Net replacement revenue shall be defined as
18the total amount paid into and remaining in the General
19Revenue Fund as a result of those Acts minus the amount
20outstanding and obligated from the General Revenue Fund in
21state vouchers or warrants prior to June 26, 1980 (the
22effective date of Public Act 81-1255) as refunds to taxpayers
23for overpayment of liability under those Acts.
24    All interest earned by monies accumulated in the Personal
25Property Tax Replacement Fund shall be deposited in such Fund.
26All amounts allocated pursuant to this Section are

 

 

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1appropriated on a continuing basis.
2    Prior to December 31, 1980, as soon as may be after the end
3of each quarter beginning with the quarter ending December 31,
41979, and on and after December 31, 1980, as soon as may be
5after January 1, March 1, April 1, May 1, July 1, August 1,
6October 1 and December 1 of each year, the Department of
7Revenue shall allocate to each taxing district as defined in
8Section 1-150 of the Property Tax Code, in accordance with the
9provisions of paragraph (2) of this Section the portion of the
10funds held in the Personal Property Tax Replacement Fund which
11is required to be distributed, as provided in paragraph (1),
12for each quarter. Provided, however, under no circumstances
13shall any taxing district during each of the first two years of
14distribution of the taxes imposed by Public Act 81-1st Special
15Session-1 be entitled to an annual allocation which is less
16than the funds such taxing district collected from the 1978
17personal property tax. Provided further that under no
18circumstances shall any taxing district during the third year
19of distribution of the taxes imposed by Public Act 81-1st
20Special Session-1 receive less than 60% of the funds such
21taxing district collected from the 1978 personal property tax.
22In the event that the total of the allocations made as above
23provided for all taxing districts, during either of such 3
24years, exceeds the amount available for distribution the
25allocation of each taxing district shall be proportionately
26reduced. Except as provided in Section 13 of this Act, the

 

 

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1Department shall then certify, pursuant to appropriation, such
2allocations to the State Comptroller who shall pay over to the
3several taxing districts the respective amounts allocated to
4them.
5    Any township which receives an allocation based in whole
6or in part upon personal property taxes which it levied
7pursuant to Section 6-507 or 6-512 of the Illinois Highway
8Code and which was previously required to be paid over to a
9municipality shall immediately pay over to that municipality a
10proportionate share of the personal property replacement funds
11which such township receives.
12    Any municipality or township, other than a municipality
13with a population in excess of 500,000, which receives an
14allocation based in whole or in part on personal property
15taxes which it levied pursuant to Sections 3-1, 3-4 and 3-6 of
16the Illinois Local Library Act and which was previously
17required to be paid over to a public library shall immediately
18pay over to that library a proportionate share of the personal
19property tax replacement funds which such municipality or
20township receives; provided that if such a public library has
21converted to a library organized under the Illinois Public
22Library District Act, regardless of whether such conversion
23has occurred on, after or before January 1, 1988, such
24proportionate share shall be immediately paid over to the
25library district which maintains and operates the library.
26However, any library that has converted prior to January 1,

 

 

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11988, and which hitherto has not received the personal
2property tax replacement funds, shall receive such funds
3commencing on January 1, 1988.
4    Any township which receives an allocation based in whole
5or in part on personal property taxes which it levied pursuant
6to Section 1c of the Public Graveyards Act and which taxes were
7previously required to be paid over to or used for such public
8cemetery or cemeteries shall immediately pay over to or use
9for such public cemetery or cemeteries a proportionate share
10of the personal property tax replacement funds which the
11township receives.
12    Any taxing district which receives an allocation based in
13whole or in part upon personal property taxes which it levied
14for another governmental body or school district in Cook
15County in 1976 or for another governmental body or school
16district in the remainder of the State in 1977 shall
17immediately pay over to that governmental body or school
18district the amount of personal property replacement funds
19which such governmental body or school district would receive
20directly under the provisions of paragraph (2) of this
21Section, had it levied its own taxes.
22        (1) The portion of the Personal Property Tax
23    Replacement Fund required to be distributed as of the time
24    allocation is required to be made shall be the amount
25    available in such Fund as of the time allocation is
26    required to be made.

 

 

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1        The amount available for distribution shall be the
2    total amount in the fund at such time minus the necessary
3    administrative and other authorized expenses as limited by
4    the appropriation and the amount determined by: (a) $2.8
5    million for fiscal year 1981; (b) for fiscal year 1982,
6    .54% of the funds distributed from the fund during the
7    preceding fiscal year; (c) for fiscal year 1983 through
8    fiscal year 1988, .54% of the funds distributed from the
9    fund during the preceding fiscal year less .02% of such
10    fund for fiscal year 1983 and less .02% of such funds for
11    each fiscal year thereafter; (d) for fiscal year 1989
12    through fiscal year 2011 no more than 105% of the actual
13    administrative expenses of the prior fiscal year; (e) for
14    fiscal year 2012 and beyond, a sufficient amount to pay
15    (i) stipends, additional compensation, salary
16    reimbursements, and other amounts directed to be paid out
17    of this Fund for local officials as authorized or required
18    by statute and (ii) the ordinary and contingent expenses
19    of the Property Tax Appeal Board and the expenses of the
20    Department of Revenue incurred in administering the
21    collection and distribution of moneys paid into the Fund;
22    (f) for fiscal years 2012 and 2013 only, a sufficient
23    amount to pay stipends, additional compensation, salary
24    reimbursements, and other amounts directed to be paid out
25    of this Fund for regional offices and officials as
26    authorized or required by statute; or (g) for fiscal years

 

 

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1    2018 through 2022 2021 only, a sufficient amount to pay
2    amounts directed to be paid out of this Fund for public
3    community college base operating grants and local health
4    protection grants to certified local health departments as
5    authorized or required by appropriation or statute. Such
6    portion of the fund shall be determined after the transfer
7    into the General Revenue Fund due to refunds, if any, paid
8    from the General Revenue Fund during the preceding
9    quarter. If at any time, for any reason, there is
10    insufficient amount in the Personal Property Tax
11    Replacement Fund for payments for regional offices and
12    officials or local officials or payment of costs of
13    administration or for transfers due to refunds at the end
14    of any particular month, the amount of such insufficiency
15    shall be carried over for the purposes of payments for
16    regional offices and officials, local officials, transfers
17    into the General Revenue Fund, and costs of administration
18    to the following month or months. Net replacement revenue
19    held, and defined above, shall be transferred by the
20    Treasurer and Comptroller to the Personal Property Tax
21    Replacement Fund within 10 days of such certification.
22        (2) Each quarterly allocation shall first be
23    apportioned in the following manner: 51.65% for taxing
24    districts in Cook County and 48.35% for taxing districts
25    in the remainder of the State.
26    The Personal Property Replacement Ratio of each taxing

 

 

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1district outside Cook County shall be the ratio which the Tax
2Base of that taxing district bears to the Downstate Tax Base.
3The Tax Base of each taxing district outside of Cook County is
4the personal property tax collections for that taxing district
5for the 1977 tax year. The Downstate Tax Base is the personal
6property tax collections for all taxing districts in the State
7outside of Cook County for the 1977 tax year. The Department of
8Revenue shall have authority to review for accuracy and
9completeness the personal property tax collections for each
10taxing district outside Cook County for the 1977 tax year.
11    The Personal Property Replacement Ratio of each Cook
12County taxing district shall be the ratio which the Tax Base of
13that taxing district bears to the Cook County Tax Base. The Tax
14Base of each Cook County taxing district is the personal
15property tax collections for that taxing district for the 1976
16tax year. The Cook County Tax Base is the personal property tax
17collections for all taxing districts in Cook County for the
181976 tax year. The Department of Revenue shall have authority
19to review for accuracy and completeness the personal property
20tax collections for each taxing district within Cook County
21for the 1976 tax year.
22    For all purposes of this Section 12, amounts paid to a
23taxing district for such tax years as may be applicable by a
24foreign corporation under the provisions of Section 7-202 of
25the Public Utilities Act, as amended, shall be deemed to be
26personal property taxes collected by such taxing district for

 

 

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1such tax years as may be applicable. The Director shall
2determine from the Illinois Commerce Commission, for any tax
3year as may be applicable, the amounts so paid by any such
4foreign corporation to any and all taxing districts. The
5Illinois Commerce Commission shall furnish such information to
6the Director. For all purposes of this Section 12, the
7Director shall deem such amounts to be collected personal
8property taxes of each such taxing district for the applicable
9tax year or years.
10    Taxing districts located both in Cook County and in one or
11more other counties shall receive both a Cook County
12allocation and a Downstate allocation determined in the same
13way as all other taxing districts.
14    If any taxing district in existence on July 1, 1979 ceases
15to exist, or discontinues its operations, its Tax Base shall
16thereafter be deemed to be zero. If the powers, duties and
17obligations of the discontinued taxing district are assumed by
18another taxing district, the Tax Base of the discontinued
19taxing district shall be added to the Tax Base of the taxing
20district assuming such powers, duties and obligations.
21    If two or more taxing districts in existence on July 1,
221979, or a successor or successors thereto shall consolidate
23into one taxing district, the Tax Base of such consolidated
24taxing district shall be the sum of the Tax Bases of each of
25the taxing districts which have consolidated.
26    If a single taxing district in existence on July 1, 1979,

 

 

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1or a successor or successors thereto shall be divided into two
2or more separate taxing districts, the tax base of the taxing
3district so divided shall be allocated to each of the
4resulting taxing districts in proportion to the then current
5equalized assessed value of each resulting taxing district.
6    If a portion of the territory of a taxing district is
7disconnected and annexed to another taxing district of the
8same type, the Tax Base of the taxing district from which
9disconnection was made shall be reduced in proportion to the
10then current equalized assessed value of the disconnected
11territory as compared with the then current equalized assessed
12value within the entire territory of the taxing district prior
13to disconnection, and the amount of such reduction shall be
14added to the Tax Base of the taxing district to which
15annexation is made.
16    If a community college district is created after July 1,
171979, beginning on January 1, 1996 (the effective date of
18Public Act 89-327), its Tax Base shall be 3.5% of the sum of
19the personal property tax collected for the 1977 tax year
20within the territorial jurisdiction of the district.
21    The amounts allocated and paid to taxing districts
22pursuant to the provisions of Public Act 81-1st Special
23Session-1 shall be deemed to be substitute revenues for the
24revenues derived from taxes imposed on personal property
25pursuant to the provisions of the "Revenue Act of 1939" or "An
26Act for the assessment and taxation of private car line

 

 

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1companies", approved July 22, 1943, as amended, or Section 414
2of the Illinois Insurance Code, prior to the abolition of such
3taxes and shall be used for the same purposes as the revenues
4derived from ad valorem taxes on real estate.
5    Monies received by any taxing districts from the Personal
6Property Tax Replacement Fund shall be first applied toward
7payment of the proportionate amount of debt service which was
8previously levied and collected from extensions against
9personal property on bonds outstanding as of December 31, 1978
10and next applied toward payment of the proportionate share of
11the pension or retirement obligations of the taxing district
12which were previously levied and collected from extensions
13against personal property. For each such outstanding bond
14issue, the County Clerk shall determine the percentage of the
15debt service which was collected from extensions against real
16estate in the taxing district for 1978 taxes payable in 1979,
17as related to the total amount of such levies and collections
18from extensions against both real and personal property. For
191979 and subsequent years' taxes, the County Clerk shall levy
20and extend taxes against the real estate of each taxing
21district which will yield the said percentage or percentages
22of the debt service on such outstanding bonds. The balance of
23the amount necessary to fully pay such debt service shall
24constitute a first and prior lien upon the monies received by
25each such taxing district through the Personal Property Tax
26Replacement Fund and shall be first applied or set aside for

 

 

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1such purpose. In counties having fewer than 3,000,000
2inhabitants, the amendments to this paragraph as made by
3Public Act 81-1255 shall be first applicable to 1980 taxes to
4be collected in 1981.
5(Source: P.A. 100-23, eff. 7-6-17; 100-587, eff. 6-4-18;
6101-10, eff. 6-5-19; 101-636, eff. 6-10-20.)
 
7    Section 3-55. The General Obligation Bond Act is amended
8by changing Section 16 as follows:
 
9    (30 ILCS 330/16)  (from Ch. 127, par. 666)
10    Sec. 16. Refunding Bonds. The State of Illinois is
11authorized to issue, sell, and provide for the retirement of
12General Obligation Bonds of the State of Illinois in the
13amount of $4,839,025,000, at any time and from time to time
14outstanding, for the purpose of refunding any State of
15Illinois general obligation Bonds then outstanding, including
16(i) the payment of any redemption premium thereon, (ii) any
17reasonable expenses of such refunding, (iii) any interest
18accrued or to accrue to the earliest or any subsequent date of
19redemption or maturity of such outstanding Bonds, (iv) for
20fiscal year 2019 only, any necessary payments to providers of
21interest rate exchange agreements in connection with the
22termination of such agreements by the State in connection with
23the refunding, and (v) any interest to accrue to the first
24interest payment on the refunding Bonds; provided that all

 

 

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1non-refunding Bonds in an issue that includes refunding Bonds
2shall mature no later than the final maturity date of Bonds
3being refunded; provided that no refunding Bonds shall be
4offered for sale unless the net present value of debt service
5savings to be achieved by the issuance of the refunding Bonds
6is 3% or more of the principal amount of the refunding Bonds to
7be issued; and further provided that, except for refunding
8Bonds sold in fiscal year 2009, 2010, 2011, 2017, 2018, or
92019, or 2022, the maturities of the refunding Bonds shall not
10extend beyond the maturities of the Bonds they refund, so that
11for each fiscal year in the maturity schedule of a particular
12issue of refunding Bonds, the total amount of refunding
13principal maturing and redemption amounts due in that fiscal
14year and all prior fiscal years in that schedule shall be
15greater than or equal to the total amount of refunded
16principal and redemption amounts that had been due over that
17year and all prior fiscal years prior to the refunding.
18    The Governor shall notify the State Treasurer and
19Comptroller of such refunding. The proceeds received from the
20sale of refunding Bonds shall be used for the retirement at
21maturity or redemption of such outstanding Bonds on any
22maturity or redemption date and, pending such use, shall be
23placed in escrow, subject to such terms and conditions as
24shall be provided for in the Bond Sale Order relating to the
25Refunding Bonds. Proceeds not needed for deposit in an escrow
26account shall be deposited in the General Obligation Bond

 

 

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1Retirement and Interest Fund. This Act shall constitute an
2irrevocable and continuing appropriation of all amounts
3necessary to establish an escrow account for the purpose of
4refunding outstanding general obligation Bonds and to pay the
5reasonable expenses of such refunding and of the issuance and
6sale of the refunding Bonds. Any such escrowed proceeds may be
7invested and reinvested in direct obligations of the United
8States of America, maturing at such time or times as shall be
9appropriate to assure the prompt payment, when due, of the
10principal of and interest and redemption premium, if any, on
11the refunded Bonds. After the terms of the escrow have been
12fully satisfied, any remaining balance of such proceeds and
13interest, income and profits earned or realized on the
14investments thereof shall be paid into the General Revenue
15Fund. The liability of the State upon the Bonds shall
16continue, provided that the holders thereof shall thereafter
17be entitled to payment only out of the moneys deposited in the
18escrow account.
19    Except as otherwise herein provided in this Section, such
20refunding Bonds shall in all other respects be subject to the
21terms and conditions of this Act.
22(Source: P.A. 99-523, eff. 6-30-16; 100-23, eff. 7-6-17;
23100-587, eff. 6-4-18.)
 
24    Section 3-60. The Metropolitan Civic Center Support Act is
25amended by changing Section 5 and by adding Sections 20 and 21

 

 

SB2017 Enrolled- 133 -LRB102 16155 CPF 22006 b

1as follows:
 
2    (30 ILCS 355/5)  (from Ch. 85, par. 1395)
3    Sec. 5. To the extent that moneys in the MEAOB Fund, in the
4opinion of the Governor and the Director of the Governor's
5Office of Management and Budget, are in excess of 125% of the
6maximum debt service in any fiscal year, the Governor shall
7notify the Comptroller and the State Treasurer of that fact,
8who upon receipt of such notification shall transfer the
9excess moneys from the MEAOB Fund to the General Revenue Fund.
10By June 30, 2021, the State Comptroller shall direct and the
11State Treasurer shall transfer any remaining balance from the
12MEAOB Fund into the General Revenue Fund. Upon completion of
13the transfer of the remaining balance, the MEAOB Fund is
14dissolved, and any future deposits due to that Fund and any
15outstanding obligations or liabilities of that Fund pass to
16the General Revenue Fund.
17(Source: P.A. 94-793, eff. 5-19-06.)
 
18    (30 ILCS 355/20 new)
19    Sec. 20. Transfers. By June 30, 2021, the State
20Comptroller shall direct and the State Treasurer shall
21transfer any remaining balance from the Illinois Civic Center
22Bond Retirement and Interest Fund into the General Obligation
23Bond Retirement and Interest Fund. Upon completion of the
24transfers, the Illinois Civic Center Bond Retirement and

 

 

SB2017 Enrolled- 134 -LRB102 16155 CPF 22006 b

1Interest Fund and the Illinois Civic Center Bond Fund are
2dissolved.
 
3    (30 ILCS 355/21 new)
4    Sec. 21. Repealer. This Act is repealed July 1, 2021.
 
5    Section 3-65. The Build Illinois Bond Act is amended by
6changing Section 15 as follows:
 
7    (30 ILCS 425/15)  (from Ch. 127, par. 2815)
8    Sec. 15. Refunding Bonds. Refunding Bonds are hereby
9authorized for the purpose of refunding any outstanding Bonds,
10including the payment of any redemption premium thereon, any
11reasonable expenses of such refunding, and any interest
12accrued or to accrue to the earliest or any subsequent date of
13redemption or maturity of outstanding Bonds; provided that all
14non-refunding Bonds in an issue that includes refunding Bonds
15shall mature no later than the final maturity date of Bonds
16being refunded; provided that no refunding Bonds shall be
17offered for sale unless the net present value of debt service
18savings to be achieved by the issuance of the refunding Bonds
19is 3% or more of the principal amount of the refunding Bonds to
20be issued; and further provided that, except for refunding
21Bonds sold in fiscal years year 2009, 2010, 2011, 2017, 2018,
22or 2019, or 2022 the maturities of the refunding Bonds shall
23not extend beyond the maturities of the Bonds they refund, so

 

 

SB2017 Enrolled- 135 -LRB102 16155 CPF 22006 b

1that for each fiscal year in the maturity schedule of a
2particular issue of refunding Bonds, the total amount of
3refunding principal maturing and redemption amounts due in
4that fiscal year and all prior fiscal years in that schedule
5shall be greater than or equal to the total amount of refunded
6principal and redemption amounts that had been due over that
7year and all prior fiscal years prior to the refunding.
8    Refunding Bonds may be sold in such amounts and at such
9times, as directed by the Governor upon recommendation by the
10Director of the Governor's Office of Management and Budget.
11The Governor shall notify the State Treasurer and Comptroller
12of such refunding. The proceeds received from the sale of
13refunding Bonds shall be used for the retirement at maturity
14or redemption of such outstanding Bonds on any maturity or
15redemption date and, pending such use, shall be placed in
16escrow, subject to such terms and conditions as shall be
17provided for in the Bond Sale Order relating to the refunding
18Bonds. This Act shall constitute an irrevocable and continuing
19appropriation of all amounts necessary to establish an escrow
20account for the purpose of refunding outstanding Bonds and to
21pay the reasonable expenses of such refunding and of the
22issuance and sale of the refunding Bonds. Any such escrowed
23proceeds may be invested and reinvested in direct obligations
24of the United States of America, maturing at such time or times
25as shall be appropriate to assure the prompt payment, when
26due, of the principal of and interest and redemption premium,

 

 

SB2017 Enrolled- 136 -LRB102 16155 CPF 22006 b

1if any, on the refunded Bonds. After the terms of the escrow
2have been fully satisfied, any remaining balance of such
3proceeds and interest, income and profits earned or realized
4on the investments thereof shall be paid into the General
5Revenue Fund. The liability of the State upon the refunded
6Bonds shall continue, provided that the holders thereof shall
7thereafter be entitled to payment only out of the moneys
8deposited in the escrow account and the refunded Bonds shall
9be deemed paid, discharged and no longer to be outstanding.
10    Except as otherwise herein provided in this Section, such
11refunding Bonds shall in all other respects be issued pursuant
12to and subject to the terms and conditions of this Act and
13shall be secured by and payable from only the funds and sources
14which are provided under this Act.
15(Source: P.A. 99-523, eff. 6-30-16; 100-23, eff. 7-6-17;
16100-587, eff. 6-4-18.)
 
17    Section 3-70. The Illinois Coal Technology Development
18Assistance Act is amended by changing Section 3 as follows:
 
19    (30 ILCS 730/3)  (from Ch. 96 1/2, par. 8203)
20    Sec. 3. Transfers to Coal Technology Development
21Assistance Fund.
22    (a) As soon as may be practicable after the first day of
23each month, the Department of Revenue shall certify to the
24Treasurer an amount equal to 1/64 of the revenue realized from

 

 

SB2017 Enrolled- 137 -LRB102 16155 CPF 22006 b

1the tax imposed by the Electricity Excise Tax Law, Section 2 of
2the Public Utilities Revenue Act, Section 2 of the Messages
3Tax Act, and Section 2 of the Gas Revenue Tax Act, during the
4preceding month. Upon receipt of the certification, the
5Treasurer shall transfer the amount shown on such
6certification from the General Revenue Fund to the Coal
7Technology Development Assistance Fund, which is hereby
8created as a special fund in the State treasury, except that no
9transfer shall be made in any month in which the Fund has
10reached the following balance:
11        (1) (Blank).
12        (2) (Blank).
13        (3) (Blank).
14        (4) (Blank).
15        (5) (Blank).
16        (6) Expect as otherwise provided in subsection (b),
17    during fiscal year 2006 and each fiscal year thereafter,
18    an amount equal to the sum of $10,000,000 plus additional
19    moneys deposited into the Coal Technology Development
20    Assistance Fund from the Renewable Energy Resources and
21    Coal Technology Development Assistance Charge under
22    Section 6.5 of the Renewable Energy, Energy Efficiency,
23    and Coal Resources Development Law of 1997.
24    (b) During fiscal years 2019 through 2022 2021 only, the
25Treasurer shall make no transfers from the General Revenue
26Fund to the Coal Technology Development Assistance Fund.

 

 

SB2017 Enrolled- 138 -LRB102 16155 CPF 22006 b

1(Source: P.A. 100-587, eff. 6-4-18; 101-10, eff. 6-5-19;
2101-636, eff. 6-10-20.)
 
3    Section 3-75. The Small Business Development Act is
4amended by changing Section 9-10 as follows:
 
5    (30 ILCS 750/9-10)  (from Ch. 127, par. 2709-10)
6    Sec. 9-10. Federal Programs.
7    (a) The Department is authorized to accept and expend
8federal moneys monies pursuant to this Article except that the
9terms and conditions hereunder which are inconsistent with, or
10prohibited by, or more restrictive than the federal
11authorization under which such moneys monies are made
12available shall not apply with respect to the expenditure of
13such moneys monies.
14    (b) The Department is authorized to receive and expend
15federal funds made available pursuant to the federal State
16Small Business Credit Initiative Act of 2010 as amended by
17Section 3301 of the federal American Rescue Plan Act of 2021,
18enacted in response to the COVID-19 public health emergency.
19        (1) Such funds may be deposited into the State Small
20    Business Credit Initiative Fund and may be used by the
21    Department, subject to appropriation, for any permitted
22    purposes in accordance with the federal State Small
23    Business Credit Initiative Act of 2010 as amended by
24    Section 3301 of the federal American Rescue Plan Act of

 

 

SB2017 Enrolled- 139 -LRB102 16155 CPF 22006 b

1    2021 and any related federal guidance.
2        (2) Permitted purposes include to provide support to
3    small businesses responding to and recovering from the
4    economic effects of the COVIDľ19 pandemic, to ensure
5    business enterprises owned and controlled by socially and
6    economically disadvantaged individuals have access to
7    credit and investments, to provide technical assistance to
8    help small businesses applying for various support
9    programs, and to pay reasonable costs of administering the
10    initiative.
11        (3) Terms such as "business enterprise owned and
12    controlled by socially and economically disadvantaged
13    individuals", "socially and economically disadvantaged
14    individual" and "very small business", and any other terms
15    defined in the federal State Small Business Credit
16    Initiative Act of 2010 as amended by Section 3301 of the
17    federal American Rescue Plan Act of 2021 and any related
18    federal guidance, have the same meaning for purposes of
19    the Department's implementation of this initiative. The
20    term "small business" includes both for-profit and
21    not-for-profit business enterprises to the extent
22    permitted by federal law and guidance.
23        (4) The Department may use such funds to enter into
24    technical assistance agreements and other agreements with
25    both for-profit and not-for-profit business enterprises
26    and may provide technical assistance to small businesses

 

 

SB2017 Enrolled- 140 -LRB102 16155 CPF 22006 b

1    to the extent permitted by federal law and guidance.
2(Source: P.A. 84-109.)
 
3    Section 3-80. The Illinois Income Tax Act is amended by
4changing Section 901 as follows:
 
5    (35 ILCS 5/901)
6    (Text of Section without the changes made by P.A. 101-8,
7which did not take effect (see Section 99 of P.A. 101-8))
8    Sec. 901. Collection authority.
9    (a) In general. The Department shall collect the taxes
10imposed by this Act. The Department shall collect certified
11past due child support amounts under Section 2505-650 of the
12Department of Revenue Law of the Civil Administrative Code of
13Illinois. Except as provided in subsections (b), (c), (e),
14(f), (g), and (h) of this Section, money collected pursuant to
15subsections (a) and (b) of Section 201 of this Act shall be
16paid into the General Revenue Fund in the State treasury;
17money collected pursuant to subsections (c) and (d) of Section
18201 of this Act shall be paid into the Personal Property Tax
19Replacement Fund, a special fund in the State Treasury; and
20money collected under Section 2505-650 of the Department of
21Revenue Law of the Civil Administrative Code of Illinois shall
22be paid into the Child Support Enforcement Trust Fund, a
23special fund outside the State Treasury, or to the State
24Disbursement Unit established under Section 10-26 of the

 

 

SB2017 Enrolled- 141 -LRB102 16155 CPF 22006 b

1Illinois Public Aid Code, as directed by the Department of
2Healthcare and Family Services.
3    (b) Local Government Distributive Fund. Beginning August
41, 2017, the Treasurer shall transfer each month from the
5General Revenue Fund to the Local Government Distributive Fund
6an amount equal to the sum of (i) 6.06% (10% of the ratio of
7the 3% individual income tax rate prior to 2011 to the 4.95%
8individual income tax rate after July 1, 2017) of the net
9revenue realized from the tax imposed by subsections (a) and
10(b) of Section 201 of this Act upon individuals, trusts, and
11estates during the preceding month and (ii) 6.85% (10% of the
12ratio of the 4.8% corporate income tax rate prior to 2011 to
13the 7% corporate income tax rate after July 1, 2017) of the net
14revenue realized from the tax imposed by subsections (a) and
15(b) of Section 201 of this Act upon corporations during the
16preceding month. Net revenue realized for a month shall be
17defined as the revenue from the tax imposed by subsections (a)
18and (b) of Section 201 of this Act which is deposited in the
19General Revenue Fund, the Education Assistance Fund, the
20Income Tax Surcharge Local Government Distributive Fund, the
21Fund for the Advancement of Education, and the Commitment to
22Human Services Fund during the month minus the amount paid out
23of the General Revenue Fund in State warrants during that same
24month as refunds to taxpayers for overpayment of liability
25under the tax imposed by subsections (a) and (b) of Section 201
26of this Act.

 

 

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1    Notwithstanding any provision of law to the contrary,
2beginning on July 6, 2017 (the effective date of Public Act
3100-23), those amounts required under this subsection (b) to
4be transferred by the Treasurer into the Local Government
5Distributive Fund from the General Revenue Fund shall be
6directly deposited into the Local Government Distributive Fund
7as the revenue is realized from the tax imposed by subsections
8(a) and (b) of Section 201 of this Act.
9    For State fiscal year 2020 only, notwithstanding any
10provision of law to the contrary, the total amount of revenue
11and deposits under this Section attributable to revenues
12realized during State fiscal year 2020 shall be reduced by 5%.
13    (c) Deposits Into Income Tax Refund Fund.
14        (1) Beginning on January 1, 1989 and thereafter, the
15    Department shall deposit a percentage of the amounts
16    collected pursuant to subsections (a) and (b)(1), (2), and
17    (3) of Section 201 of this Act into a fund in the State
18    treasury known as the Income Tax Refund Fund. Beginning
19    with State fiscal year 1990 and for each fiscal year
20    thereafter, the percentage deposited into the Income Tax
21    Refund Fund during a fiscal year shall be the Annual
22    Percentage. For fiscal year 2011, the Annual Percentage
23    shall be 8.75%. For fiscal year 2012, the Annual
24    Percentage shall be 8.75%. For fiscal year 2013, the
25    Annual Percentage shall be 9.75%. For fiscal year 2014,
26    the Annual Percentage shall be 9.5%. For fiscal year 2015,

 

 

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1    the Annual Percentage shall be 10%. For fiscal year 2018,
2    the Annual Percentage shall be 9.8%. For fiscal year 2019,
3    the Annual Percentage shall be 9.7%. For fiscal year 2020,
4    the Annual Percentage shall be 9.5%. For fiscal year 2021,
5    the Annual Percentage shall be 9%. For fiscal year 2022,
6    the Annual Percentage shall be 9.25%. For all other fiscal
7    years, the Annual Percentage shall be calculated as a
8    fraction, the numerator of which shall be the amount of
9    refunds approved for payment by the Department during the
10    preceding fiscal year as a result of overpayment of tax
11    liability under subsections (a) and (b)(1), (2), and (3)
12    of Section 201 of this Act plus the amount of such refunds
13    remaining approved but unpaid at the end of the preceding
14    fiscal year, minus the amounts transferred into the Income
15    Tax Refund Fund from the Tobacco Settlement Recovery Fund,
16    and the denominator of which shall be the amounts which
17    will be collected pursuant to subsections (a) and (b)(1),
18    (2), and (3) of Section 201 of this Act during the
19    preceding fiscal year; except that in State fiscal year
20    2002, the Annual Percentage shall in no event exceed 7.6%.
21    The Director of Revenue shall certify the Annual
22    Percentage to the Comptroller on the last business day of
23    the fiscal year immediately preceding the fiscal year for
24    which it is to be effective.
25        (2) Beginning on January 1, 1989 and thereafter, the
26    Department shall deposit a percentage of the amounts

 

 

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1    collected pursuant to subsections (a) and (b)(6), (7), and
2    (8), (c) and (d) of Section 201 of this Act into a fund in
3    the State treasury known as the Income Tax Refund Fund.
4    Beginning with State fiscal year 1990 and for each fiscal
5    year thereafter, the percentage deposited into the Income
6    Tax Refund Fund during a fiscal year shall be the Annual
7    Percentage. For fiscal year 2011, the Annual Percentage
8    shall be 17.5%. For fiscal year 2012, the Annual
9    Percentage shall be 17.5%. For fiscal year 2013, the
10    Annual Percentage shall be 14%. For fiscal year 2014, the
11    Annual Percentage shall be 13.4%. For fiscal year 2015,
12    the Annual Percentage shall be 14%. For fiscal year 2018,
13    the Annual Percentage shall be 17.5%. For fiscal year
14    2019, the Annual Percentage shall be 15.5%. For fiscal
15    year 2020, the Annual Percentage shall be 14.25%. For
16    fiscal year 2021, the Annual Percentage shall be 14%. For
17    fiscal year 2022, the Annual Percentage shall be 15%. For
18    all other fiscal years, the Annual Percentage shall be
19    calculated as a fraction, the numerator of which shall be
20    the amount of refunds approved for payment by the
21    Department during the preceding fiscal year as a result of
22    overpayment of tax liability under subsections (a) and
23    (b)(6), (7), and (8), (c) and (d) of Section 201 of this
24    Act plus the amount of such refunds remaining approved but
25    unpaid at the end of the preceding fiscal year, and the
26    denominator of which shall be the amounts which will be

 

 

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

 

 

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

 

 

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1    shall order transferred and the State Treasurer and State
2    Comptroller shall transfer from the Income Tax Refund Fund
3    to the General Revenue Fund any surplus remaining in the
4    Income Tax Refund Fund as of the end of such fiscal year;
5    excluding for fiscal years 2000, 2001, and 2002 amounts
6    attributable to transfers under item (3) of subsection (c)
7    less refunds resulting from the earned income tax credit.
8        (5) This Act shall constitute an irrevocable and
9    continuing appropriation from the Income Tax Refund Fund
10    for the purpose of paying refunds upon the order of the
11    Director in accordance with the provisions of this
12    Section.
13    (e) Deposits into the Education Assistance Fund and the
14Income Tax Surcharge Local Government Distributive Fund. On
15July 1, 1991, and thereafter, of the amounts collected
16pursuant to subsections (a) and (b) of Section 201 of this Act,
17minus deposits into the Income Tax Refund Fund, the Department
18shall deposit 7.3% into the Education Assistance Fund in the
19State Treasury. Beginning July 1, 1991, and continuing through
20January 31, 1993, of the amounts collected pursuant to
21subsections (a) and (b) of Section 201 of the Illinois Income
22Tax Act, minus deposits into the Income Tax Refund Fund, the
23Department shall deposit 3.0% into the Income Tax Surcharge
24Local Government Distributive Fund in the State Treasury.
25Beginning February 1, 1993 and continuing through June 30,
261993, of the amounts collected pursuant to subsections (a) and

 

 

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1(b) of Section 201 of the Illinois Income Tax Act, minus
2deposits into the Income Tax Refund Fund, the Department shall
3deposit 4.4% into the Income Tax Surcharge Local Government
4Distributive Fund in the State Treasury. Beginning July 1,
51993, and continuing through June 30, 1994, of the amounts
6collected under subsections (a) and (b) of Section 201 of this
7Act, minus deposits into the Income Tax Refund Fund, the
8Department shall deposit 1.475% into the Income Tax Surcharge
9Local Government Distributive Fund in the State Treasury.
10    (f) Deposits into the Fund for the Advancement of
11Education. Beginning February 1, 2015, the Department shall
12deposit the following portions of the revenue realized from
13the tax imposed upon individuals, trusts, and estates by
14subsections (a) and (b) of Section 201 of this Act, minus
15deposits into the Income Tax Refund Fund, into the Fund for the
16Advancement of Education:
17        (1) beginning February 1, 2015, and prior to February
18    1, 2025, 1/30; and
19        (2) beginning February 1, 2025, 1/26.
20    If the rate of tax imposed by subsection (a) and (b) of
21Section 201 is reduced pursuant to Section 201.5 of this Act,
22the Department shall not make the deposits required by this
23subsection (f) on or after the effective date of the
24reduction.
25    (g) Deposits into the Commitment to Human Services Fund.
26Beginning February 1, 2015, the Department shall deposit the

 

 

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1following portions of the revenue realized from the tax
2imposed upon individuals, trusts, and estates by subsections
3(a) and (b) of Section 201 of this Act, minus deposits into the
4Income Tax Refund Fund, into the Commitment to Human Services
5Fund:
6        (1) beginning February 1, 2015, and prior to February
7    1, 2025, 1/30; and
8        (2) beginning February 1, 2025, 1/26.
9    If the rate of tax imposed by subsection (a) and (b) of
10Section 201 is reduced pursuant to Section 201.5 of this Act,
11the Department shall not make the deposits required by this
12subsection (g) on or after the effective date of the
13reduction.
14    (h) Deposits into the Tax Compliance and Administration
15Fund. Beginning on the first day of the first calendar month to
16occur on or after August 26, 2014 (the effective date of Public
17Act 98-1098), each month the Department shall pay into the Tax
18Compliance and Administration Fund, to be used, subject to
19appropriation, to fund additional auditors and compliance
20personnel at the Department, an amount equal to 1/12 of 5% of
21the cash receipts collected during the preceding fiscal year
22by the Audit Bureau of the Department from the tax imposed by
23subsections (a), (b), (c), and (d) of Section 201 of this Act,
24net of deposits into the Income Tax Refund Fund made from those
25cash receipts.
26(Source: P.A. 100-22, eff. 7-6-17; 100-23, eff. 7-6-17;

 

 

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1100-587, eff. 6-4-18; 100-621, eff. 7-20-18; 100-863, eff.
28-14-18; 100-1171, eff. 1-4-19; 101-10, eff. 6-5-19; 101-81,
3eff. 7-12-19; 101-636, eff. 6-10-20.)
 
4    Section 3-85. The Illinois Pension Code is amended by
5changing Section 21-109.1 as follows:
 
6    (40 ILCS 5/21-109.1)  (from Ch. 108 1/2, par. 21-109.1)
7    Sec. 21-109.1. (a) Notwithstanding any law to the
8contrary, State agencies, as defined in the State Auditing
9Act, shall remit to the Comptroller all contributions required
10under subchapters A, B and C of the Federal Insurance
11Contributions Act, at the rates and at the times specified in
12that Act, for wages paid on or after January 1, 1987 on a
13warrant of the State Comptroller.
14    (b) The Comptroller shall establish a fund to be known as
15the Social Security Administration Fund, with the State
16Treasurer as ex officio custodian. Contributions and other
17monies received by the Comptroller for the purposes of the
18Federal Insurance Contributions Act shall either be directly
19remitted to the U.S. Secretary of the Treasury or be held in
20trust in such fund, and shall be paid upon the order of the
21Comptroller for:
22        (1) payment of amounts required to be paid to the U. S.
23    Secretary of the Treasury in the amounts and at the times
24    specified in the Federal Insurance Contributions Act; and

 

 

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1        (2) payment of refunds for overpayments which are not
2    otherwise adjustable.
3    (c) The Comptroller may collect from a State agency the
4actual or anticipated amount of any interest and late charges
5arising from the State agency's failure to collect and remit
6to the Comptroller contributions as required by the Federal
7Insurance Contributions Act. Such interest and charges shall
8be due and payable upon receipt of notice thereof from the
9Comptroller.
10    (d) The Comptroller shall pay to the U. S. Secretary of the
11Treasury such amounts at such times as may be required under
12the Federal Insurance Contributions Act.
13    (e) The Comptroller may direct and the State Treasurer
14shall transfer amounts from the Social Security Administration
15Fund into the Capital Facility and Technology Modernization
16Fund as the Comptroller deems necessary. The Comptroller may
17direct and the State Treasurer shall transfer any such amounts
18so transferred to the Capital Facility and Technology
19Modernization Fund back to the Social Security Administration
20Fund at any time.
21(Source: P.A. 86-657; 87-11.)
 
22    Section 3-90. The Fair and Exposition Authority
23Reconstruction Act is amended by changing Section 8 as
24follows:
 

 

 

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1    (70 ILCS 215/8)  (from Ch. 85, par. 1250.8)
2    Sec. 8. Appropriations may be made from time to time by the
3General Assembly to the Metropolitan Pier and Exposition
4Authority for the payment of principal and interest of bonds
5of the Authority issued under the provisions of this Act and
6for any other lawful purpose of the Authority. Any and all of
7the funds so received shall be kept separate and apart from any
8and all other funds of the Authority. After there has been paid
9into the Metropolitan Fair and Exposition Authority
10Reconstruction Fund in the State Treasury sufficient money,
11pursuant to this Section and Sections 2 and 29 of the Cigarette
12Tax Act, to retire all bonds payable from that Fund, the taxes
13derived from Section 28 of the Illinois Horse Racing Act of
141975 which were required to be paid into that Fund pursuant to
15that Act shall thereafter be paid into the General Revenue
16Fund Metropolitan Exposition, Auditorium and Office Building
17Fund in the State Treasury.
18(Source: P.A. 94-91, eff. 7-1-05.)
 
19    Section 3-95. The School Code is amended by changing
20Sections 2-3.117, 10-17a, and 10-22.36 as follows:
 
21    (105 ILCS 5/2-3.117)
22    Sec. 2-3.117. School Technology Program.
23    (a) The State Board of Education is authorized to provide
24technology-based learning resources to school districts to

 

 

SB2017 Enrolled- 153 -LRB102 16155 CPF 22006 b

1improve educational opportunities and student achievement
2throughout the State. These resources may include
3reimbursements for the cost of tuition incurred by a school
4district for approved online courses accessed through the
5State Board of Education's Illinois Virtual Course Catalog
6Program.
7        (1) A school district shall be eligible for
8    reimbursement for the cost of each virtual class accessed
9    through the Illinois Virtual Course Catalog program and
10    successfully completed by a student of the school
11    district, to the extent appropriated funds are available
12    for such reimbursements.
13        (2) A school district shall claim reimbursement on
14    forms and through a process prescribed by the State Board
15    of Education.
16    (b) The State Board of Education is authorized, to the
17extent funds are available, to establish a statewide support
18system for information, professional development, technical
19assistance, network design consultation, leadership,
20technology planning consultation, and information exchange; to
21expand school district connectivity; and to increase the
22quantity and quality of student and educator access to on-line
23resources, experts, and communications avenues from moneys
24appropriated for the purposes of this Section.
25    (b-5) The State Board of Education may enter into
26intergovernmental contracts or agreements with other State

 

 

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1agencies, public community colleges, public libraries, public
2and private colleges and universities, museums on public land,
3and other public agencies in the areas of technology,
4telecommunications, and information access, under such terms
5as the parties may agree, provided that those contracts and
6agreements are in compliance with the Department of Central
7Management Services' mandate to provide telecommunications
8services to all State agencies.
9    (c) (Blank).
10    (d) (Blank).
11(Source: P.A. 95-793, eff. 1-1-09.)
 
12    (105 ILCS 5/10-17a)  (from Ch. 122, par. 10-17a)
13    Sec. 10-17a. State, school district, and school report
14cards.
15    (1) By October 31, 2013 and October 31 of each subsequent
16school year, the State Board of Education, through the State
17Superintendent of Education, shall prepare a State report
18card, school district report cards, and school report cards,
19and shall by the most economic means provide to each school
20district in this State, including special charter districts
21and districts subject to the provisions of Article 34, the
22report cards for the school district and each of its schools.
23Because of the impacts of the COVID-19 public health emergency
24during school year 2020-2021, the State Board of Education
25shall have until December 31, 2021 to prepare and provide the

 

 

SB2017 Enrolled- 155 -LRB102 16155 CPF 22006 b

1report cards that would otherwise be due by October 31, 2021.
2    (2) In addition to any information required by federal
3law, the State Superintendent shall determine the indicators
4and presentation of the school report card, which must
5include, at a minimum, the most current data collected and
6maintained by the State Board of Education related to the
7following:
8        (A) school characteristics and student demographics,
9    including average class size, average teaching experience,
10    student racial/ethnic breakdown, and the percentage of
11    students classified as low-income; the percentage of
12    students classified as English learners; the percentage of
13    students who have individualized education plans or 504
14    plans that provide for special education services; the
15    number and percentage of all students who have been
16    assessed for placement in a gifted education or advanced
17    academic program and, of those students: (i) the racial
18    and ethnic breakdown, (ii) the percentage who are
19    classified as low-income, and (iii) the number and
20    percentage of students who received direct instruction
21    from a teacher who holds a gifted education endorsement
22    and, of those students, the percentage who are classified
23    as low-income; the percentage of students scoring at the
24    "exceeds expectations" level on the assessments required
25    under Section 2-3.64a-5 of this Code; the percentage of
26    students who annually transferred in or out of the school

 

 

SB2017 Enrolled- 156 -LRB102 16155 CPF 22006 b

1    district; average daily attendance; the per-pupil
2    operating expenditure of the school district; and the
3    per-pupil State average operating expenditure for the
4    district type (elementary, high school, or unit);
5        (B) curriculum information, including, where
6    applicable, Advanced Placement, International
7    Baccalaureate or equivalent courses, dual enrollment
8    courses, foreign language classes, computer science
9    courses, school personnel resources (including Career
10    Technical Education teachers), before and after school
11    programs, extracurricular activities, subjects in which
12    elective classes are offered, health and wellness
13    initiatives (including the average number of days of
14    Physical Education per week per student), approved
15    programs of study, awards received, community
16    partnerships, and special programs such as programming for
17    the gifted and talented, students with disabilities, and
18    work-study students;
19        (C) student outcomes, including, where applicable, the
20    percentage of students deemed proficient on assessments of
21    State standards, the percentage of students in the eighth
22    grade who pass Algebra, the percentage of students who
23    participated in workplace learning experiences, the
24    percentage of students enrolled in post-secondary
25    institutions (including colleges, universities, community
26    colleges, trade/vocational schools, and training programs

 

 

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1    leading to career certification within 2 semesters of high
2    school graduation), the percentage of students graduating
3    from high school who are college and career ready, and the
4    percentage of graduates enrolled in community colleges,
5    colleges, and universities who are in one or more courses
6    that the community college, college, or university
7    identifies as a developmental course;
8        (D) student progress, including, where applicable, the
9    percentage of students in the ninth grade who have earned
10    5 credits or more without failing more than one core
11    class, a measure of students entering kindergarten ready
12    to learn, a measure of growth, and the percentage of
13    students who enter high school on track for college and
14    career readiness;
15        (E) the school environment, including, where
16    applicable, the percentage of students with less than 10
17    absences in a school year, the percentage of teachers with
18    less than 10 absences in a school year for reasons other
19    than professional development, leaves taken pursuant to
20    the federal Family Medical Leave Act of 1993, long-term
21    disability, or parental leaves, the 3-year average of the
22    percentage of teachers returning to the school from the
23    previous year, the number of different principals at the
24    school in the last 6 years, the number of teachers who hold
25    a gifted education endorsement, the process and criteria
26    used by the district to determine whether a student is

 

 

SB2017 Enrolled- 158 -LRB102 16155 CPF 22006 b

1    eligible for participation in a gifted education program
2    or advanced academic program and the manner in which
3    parents and guardians are made aware of the process and
4    criteria, 2 or more indicators from any school climate
5    survey selected or approved by the State and administered
6    pursuant to Section 2-3.153 of this Code, with the same or
7    similar indicators included on school report cards for all
8    surveys selected or approved by the State pursuant to
9    Section 2-3.153 of this Code, and the combined percentage
10    of teachers rated as proficient or excellent in their most
11    recent evaluation;
12        (F) a school district's and its individual schools'
13    balanced accountability measure, in accordance with
14    Section 2-3.25a of this Code;
15        (G) the total and per pupil normal cost amount the
16    State contributed to the Teachers' Retirement System of
17    the State of Illinois in the prior fiscal year for the
18    school's employees, which shall be reported to the State
19    Board of Education by the Teachers' Retirement System of
20    the State of Illinois;
21        (H) for a school district organized under Article 34
22    of this Code only, State contributions to the Public
23    School Teachers' Pension and Retirement Fund of Chicago
24    and State contributions for health care for employees of
25    that school district;
26        (I) a school district's Final Percent of Adequacy, as

 

 

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1    defined in paragraph (4) of subsection (f) of Section
2    18-8.15 of this Code;
3        (J) a school district's Local Capacity Target, as
4    defined in paragraph (2) of subsection (c) of Section
5    18-8.15 of this Code, displayed as a percentage amount;
6        (K) a school district's Real Receipts, as defined in
7    paragraph (1) of subsection (d) of Section 18-8.15 of this
8    Code, divided by a school district's Adequacy Target, as
9    defined in paragraph (1) of subsection (b) of Section
10    18-8.15 of this Code, displayed as a percentage amount;
11        (L) a school district's administrative costs;
12        (M) whether or not the school has participated in the
13    Illinois Youth Survey. In this paragraph (M), "Illinois
14    Youth Survey" means a self-report survey, administered in
15    school settings every 2 years, designed to gather
16    information about health and social indicators, including
17    substance abuse patterns and the attitudes of students in
18    grades 8, 10, and 12; and
19        (N) whether the school offered its students career and
20    technical education opportunities.
21    The school report card shall also provide information that
22allows for comparing the current outcome, progress, and
23environment data to the State average, to the school data from
24the past 5 years, and to the outcomes, progress, and
25environment of similar schools based on the type of school and
26enrollment of low-income students, special education students,

 

 

SB2017 Enrolled- 160 -LRB102 16155 CPF 22006 b

1and English learners.
2    As used in this subsection (2):
3    "Administrative costs" means costs associated with
4executive, administrative, or managerial functions within the
5school district that involve planning, organizing, managing,
6or directing the school district.
7    "Advanced academic program" means a course of study to
8which students are assigned based on advanced cognitive
9ability or advanced academic achievement compared to local age
10peers and in which the curriculum is substantially
11differentiated from the general curriculum to provide
12appropriate challenge and pace.
13    "Computer science" means the study of computers and
14algorithms, including their principles, their hardware and
15software designs, their implementation, and their impact on
16society. "Computer science" does not include the study of
17everyday uses of computers and computer applications, such as
18keyboarding or accessing the Internet.
19    "Gifted education" means educational services, including
20differentiated curricula and instructional methods, designed
21to meet the needs of gifted children as defined in Article 14A
22of this Code.
23    For the purposes of paragraph (A) of this subsection (2),
24"average daily attendance" means the average of the actual
25number of attendance days during the previous school year for
26any enrolled student who is subject to compulsory attendance

 

 

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1by Section 26-1 of this Code at each school and charter school.
2    (3) At the discretion of the State Superintendent, the
3school district report card shall include a subset of the
4information identified in paragraphs (A) through (E) of
5subsection (2) of this Section, as well as information
6relating to the operating expense per pupil and other finances
7of the school district, and the State report card shall
8include a subset of the information identified in paragraphs
9(A) through (E) and paragraph (N) of subsection (2) of this
10Section. The school district report card shall include the
11average daily attendance, as that term is defined in
12subsection (2) of this Section, of students who have
13individualized education programs and students who have 504
14plans that provide for special education services within the
15school district.
16    (4) Notwithstanding anything to the contrary in this
17Section, in consultation with key education stakeholders, the
18State Superintendent shall at any time have the discretion to
19amend or update any and all metrics on the school, district, or
20State report card.
21    (5) Annually, no more than 30 calendar days after receipt
22of the school district and school report cards from the State
23Superintendent of Education, each school district, including
24special charter districts and districts subject to the
25provisions of Article 34, shall present such report cards at a
26regular school board meeting subject to applicable notice

 

 

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1requirements, post the report cards on the school district's
2Internet web site, if the district maintains an Internet web
3site, make the report cards available to a newspaper of
4general circulation serving the district, and, upon request,
5send the report cards home to a parent (unless the district
6does not maintain an Internet web site, in which case the
7report card shall be sent home to parents without request). If
8the district posts the report card on its Internet web site,
9the district shall send a written notice home to parents
10stating (i) that the report card is available on the web site,
11(ii) the address of the web site, (iii) that a printed copy of
12the report card will be sent to parents upon request, and (iv)
13the telephone number that parents may call to request a
14printed copy of the report card.
15    (6) Nothing contained in Public Act 98-648 repeals,
16supersedes, invalidates, or nullifies final decisions in
17lawsuits pending on July 1, 2014 (the effective date of Public
18Act 98-648) in Illinois courts involving the interpretation of
19Public Act 97-8.
20(Source: P.A. 100-227, eff. 8-18-17; 100-364, eff. 1-1-18;
21100-448, eff. 7-1-19; 100-465, eff. 8-31-17; 100-807, eff.
228-10-18; 100-863, eff. 8-14-18; 100-1121, eff. 1-1-19; 101-68,
23eff. 1-1-20; 101-81, eff. 7-12-19; 101-654, eff. 3-8-21.)
 
24    (105 ILCS 5/10-22.36)  (from Ch. 122, par. 10-22.36)
25    Sec. 10-22.36. Buildings for school purposes.

 

 

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1    (a) To build or purchase a building for school classroom
2or instructional purposes upon the approval of a majority of
3the voters upon the proposition at a referendum held for such
4purpose or in accordance with Section 17-2.11, 19-3.5, or
519-3.10. The board may initiate such referendum by resolution.
6The board shall certify the resolution and proposition to the
7proper election authority for submission in accordance with
8the general election law.
9    The questions of building one or more new buildings for
10school purposes or office facilities, and issuing bonds for
11the purpose of borrowing money to purchase one or more
12buildings or sites for such buildings or office sites, to
13build one or more new buildings for school purposes or office
14facilities or to make additions and improvements to existing
15school buildings, may be combined into one or more
16propositions on the ballot.
17    Before erecting, or purchasing or remodeling such a
18building the board shall submit the plans and specifications
19respecting heating, ventilating, lighting, seating, water
20supply, toilets and safety against fire to the regional
21superintendent of schools having supervision and control over
22the district, for approval in accordance with Section 2-3.12.
23    Notwithstanding any of the foregoing, no referendum shall
24be required if the purchase, construction, or building of any
25such building (1) occurs while the building is being leased by
26the school district or (2) is paid with (A) funds derived from

 

 

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1the sale or disposition of other buildings, land, or
2structures of the school district or (B) funds received (i) as
3a grant under the School Construction Law or (ii) as gifts or
4donations, provided that no funds to purchase, construct, or
5build such building, other than lease payments, are derived
6from the district's bonded indebtedness or the tax levy of the
7district.
8    Notwithstanding any of the foregoing, no referendum shall
9be required if the purchase, construction, or building of any
10such building is paid with funds received from the County
11School Facility and Resources Occupation Tax Law under Section
125-1006.7 of the Counties Code or from the proceeds of bonds or
13other debt obligations secured by revenues obtained from that
14Law.
15    (b) Notwithstanding the provisions of subsection (a), for
16any school district: (i) that is a tier 1 school, (ii) that has
17a population of less than 50,000 inhabitants, (iii) whose
18student population is between 5,800 and 6,300, (iv) in which
1957% to 62% of students are low-income, and (v) whose average
20district spending is between $10,000 to $12,000 per pupil,
21until July 1, 2025, no referendum shall be required if at least
2270% of the cost of the purchase, construction, or building of
23any such building is paid, or will be paid, with funds received
24or expected to be received as part of, or otherwise derived
25from, the federal Consolidated Appropriations Act and the
26federal American Rescue Plan Act of 2021.

 

 

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1    For this subsection (b), the school board must hold at
2least 2 public hearings, the sole purpose of which shall be to
3discuss the decision to construct a school building and to
4receive input from the community. The notice of each public
5hearing that sets forth the time, date, place, and name or
6description of the school building that the school board is
7considering constructing must be provided at least 10 days
8prior to the hearing by publication on the school board's
9Internet website.
10(Source: P.A. 101-455, eff. 8-23-19.)
 
11    Section 3-100. The Real Estate Appraiser Licensure Act of
122002 is amended by changing Sections 25-5 and 25-20 as
13follows:
 
14    (225 ILCS 458/25-5)
15    (Section scheduled to be repealed on January 1, 2022)
16    Sec. 25-5. Appraisal Administration Fund; surcharge. The
17Appraisal Administration Fund is created as a special fund in
18the State Treasury. All fees, fines, and penalties received by
19the Department under this Act shall be deposited into the
20Appraisal Administration Fund. Also, moneys received from any
21federal financial assistance or any gift, grant, or donation
22may be deposited into the Appraisal Administration Fund. All
23earnings attributable to investment of funds in the Appraisal
24Administration Fund shall be credited to the Appraisal

 

 

SB2017 Enrolled- 166 -LRB102 16155 CPF 22006 b

1Administration Fund. Subject to appropriation, the moneys in
2the Appraisal Administration Fund shall be paid to the
3Department for the expenses incurred by the Department and the
4Board in the administration of this Act. Moneys in the
5Appraisal Administration Fund may be transferred to the
6Professions Indirect Cost Fund as authorized under Section
72105-300 of the Department of Professional Regulation Law of
8the Civil Administrative Code of Illinois. However, moneys in
9the Appraisal Administration Fund received from any federal
10financial assistance or any gift, grant, or donation shall be
11used only in accordance with the requirements of the federal
12financial assistance, gift, grant, or donation and may not be
13transferred to the Professions Indirect Cost Fund.
14    Upon the completion of any audit of the Department, as
15prescribed by the Illinois State Auditing Act, which shall
16include an audit of the Appraisal Administration Fund, the
17Department shall make the audit report open to inspection by
18any interested person.
19(Source: P.A. 96-844, eff. 12-23-09.)
 
20    (225 ILCS 458/25-20)
21    (Section scheduled to be repealed on January 1, 2022)
22    Sec. 25-20. Department; powers and duties. The Department
23of Financial and Professional Regulation shall exercise the
24powers and duties prescribed by the Civil Administrative Code
25of Illinois for the administration of licensing Acts and shall

 

 

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1exercise such other powers and duties as are prescribed by
2this Act for the administration of this Act. The Department
3may contract with third parties for services necessary for the
4proper administration of this Act, including without
5limitation, investigators with the proper knowledge, training,
6and skills to properly investigate complaints against real
7estate appraisers.
8    In addition, the Department may receive federal financial
9assistance, either directly from the federal government or
10indirectly through another source, public or private, for the
11administration of this Act. The Department may also receive
12transfers, gifts, grants, or donations from any source, public
13or private, in the form of funds, services, equipment,
14supplies, or materials. Any funds received pursuant to this
15Section shall be deposited in the Appraisal Administration
16Fund unless deposit in a different fund is otherwise mandated,
17and shall be used in accordance with the requirements of the
18federal financial assistance, gift, grant, or donation for
19purposes related to the powers and duties of the Department.
20    The Department shall maintain and update a registry of the
21names and addresses of all licensees and a listing of
22disciplinary orders issued pursuant to this Act and shall
23transmit the registry, along with any national registry fees
24that may be required, to the entity specified by, and in a
25manner consistent with, Title XI of the federal Financial
26Institutions Reform, Recovery and Enforcement Act of 1989.

 

 

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1(Source: P.A. 96-844, eff. 12-23-09.)
 
2    Section 3-105. The Illinois Horse Racing Act of 1975 is
3amended by changing Section 28 as follows:
 
4    (230 ILCS 5/28)  (from Ch. 8, par. 37-28)
5    Sec. 28. Except as provided in subsection (g) of Section
627 of this Act, moneys collected shall be distributed
7according to the provisions of this Section 28.
8    (a) Thirty per cent of the total of all monies received by
9the State as privilege taxes shall be paid into the
10Metropolitan Exposition, Auditorium and Office Building Fund
11in the State Treasury until such Fund is repealed, and
12thereafter shall be paid into the General Revenue Fund in the
13State Treasury.
14    (b) In addition, 4.5% of the total of all monies received
15by the State as privilege taxes shall be paid into the State
16treasury into a special Fund to be known as the Metropolitan
17Exposition, Auditorium and Office Building Fund until such
18Fund is repealed, and thereafter shall be paid into the
19General Revenue Fund in the State Treasury.
20    (c) Fifty per cent of the total of all monies received by
21the State as privilege taxes under the provisions of this Act
22shall be paid into the Agricultural Premium Fund.
23    (d) Seven per cent of the total of all monies received by
24the State as privilege taxes shall be paid into the Fair and

 

 

SB2017 Enrolled- 169 -LRB102 16155 CPF 22006 b

1Exposition Fund in the State treasury; provided, however, that
2when all bonds issued prior to July 1, 1984 by the Metropolitan
3Fair and Exposition Authority shall have been paid or payment
4shall have been provided for upon a refunding of those bonds,
5thereafter 1/12 of $1,665,662 of such monies shall be paid
6each month into the Build Illinois Fund, and the remainder
7into the Fair and Exposition Fund. All excess monies shall be
8allocated to the Department of Agriculture for distribution to
9county fairs for premiums and rehabilitation as set forth in
10the Agricultural Fair Act.
11    (e) The monies provided for in Section 30 shall be paid
12into the Illinois Thoroughbred Breeders Fund.
13    (f) The monies provided for in Section 31 shall be paid
14into the Illinois Standardbred Breeders Fund.
15    (g) Until January 1, 2000, that part representing 1/2 of
16the total breakage in Thoroughbred, Harness, Appaloosa,
17Arabian, and Quarter Horse racing in the State shall be paid
18into the Illinois Race Track Improvement Fund as established
19in Section 32.
20    (h) All other monies received by the Board under this Act
21shall be paid into the Horse Racing Fund.
22    (i) The salaries of the Board members, secretary,
23stewards, directors of mutuels, veterinarians,
24representatives, accountants, clerks, stenographers,
25inspectors and other employees of the Board, and all expenses
26of the Board incident to the administration of this Act,

 

 

SB2017 Enrolled- 170 -LRB102 16155 CPF 22006 b

1including, but not limited to, all expenses and salaries
2incident to the taking of saliva and urine samples in
3accordance with the rules and regulations of the Board shall
4be paid out of the Agricultural Premium Fund.
5    (j) The Agricultural Premium Fund shall also be used:
6        (1) for the expenses of operating the Illinois State
7    Fair and the DuQuoin State Fair, including the payment of
8    prize money or premiums;
9        (2) for the distribution to county fairs, vocational
10    agriculture section fairs, agricultural societies, and
11    agricultural extension clubs in accordance with the
12    Agricultural Fair Act, as amended;
13        (3) for payment of prize monies and premiums awarded
14    and for expenses incurred in connection with the
15    International Livestock Exposition and the Mid-Continent
16    Livestock Exposition held in Illinois, which premiums, and
17    awards must be approved, and paid by the Illinois
18    Department of Agriculture;
19        (4) for personal service of county agricultural
20    advisors and county home advisors;
21        (5) for distribution to agricultural home economic
22    extension councils in accordance with "An Act in relation
23    to additional support and finance for the Agricultural and
24    Home Economic Extension Councils in the several counties
25    in this State and making an appropriation therefor",
26    approved July 24, 1967, as amended;

 

 

SB2017 Enrolled- 171 -LRB102 16155 CPF 22006 b

1        (6) for research on equine disease, including a
2    development center therefor;
3        (7) for training scholarships for study on equine
4    diseases to students at the University of Illinois College
5    of Veterinary Medicine;
6        (8) for the rehabilitation, repair and maintenance of
7    the Illinois and DuQuoin State Fair Grounds and the
8    structures and facilities thereon and the construction of
9    permanent improvements on such Fair Grounds, including
10    such structures, facilities and property located on such
11    State Fair Grounds which are under the custody and control
12    of the Department of Agriculture;
13        (9) (blank);
14        (10) for the expenses of the Department of Commerce
15    and Economic Opportunity under Sections 605-620, 605-625,
16    and 605-630 of the Department of Commerce and Economic
17    Opportunity Law (20 ILCS 605/605-620, 605/605-625, and
18    605/605-630);
19        (11) for remodeling, expanding, and reconstructing
20    facilities destroyed by fire of any Fair and Exposition
21    Authority in counties with a population of 1,000,000 or
22    more inhabitants;
23        (12) for the purpose of assisting in the care and
24    general rehabilitation of veterans with disabilities of
25    any war and their surviving spouses and orphans;
26        (13) for expenses of the Department of State Police

 

 

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1    for duties performed under this Act;
2        (14) for the Department of Agriculture for soil
3    surveys and soil and water conservation purposes;
4        (15) for the Department of Agriculture for grants to
5    the City of Chicago for conducting the Chicagofest;
6        (16) for the State Comptroller for grants and
7    operating expenses authorized by the Illinois Global
8    Partnership Act.
9    (k) To the extent that monies paid by the Board to the
10Agricultural Premium Fund are in the opinion of the Governor
11in excess of the amount necessary for the purposes herein
12stated, the Governor shall notify the Comptroller and the
13State Treasurer of such fact, who, upon receipt of such
14notification, shall transfer such excess monies from the
15Agricultural Premium Fund to the General Revenue Fund.
16(Source: P.A. 99-143, eff. 7-27-15; 99-933, eff. 1-27-17;
17100-110, eff. 8-15-17; 100-863, eff. 8-14-18.)
 
18    Section 3-110. The Illinois Gambling Act is amended by
19changing Section 13 as follows:
 
20    (230 ILCS 10/13)  (from Ch. 120, par. 2413)
21    Sec. 13. Wagering tax; rate; distribution.
22    (a) Until January 1, 1998, a tax is imposed on the adjusted
23gross receipts received from gambling games authorized under
24this Act at the rate of 20%.

 

 

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

 

 

SB2017 Enrolled- 174 -LRB102 16155 CPF 22006 b

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

 

 

SB2017 Enrolled- 175 -LRB102 16155 CPF 22006 b

1        45% of annual adjusted gross receipts in excess of
2    $75,000,000 but not exceeding $100,000,000;
3        50% of annual adjusted gross receipts in excess of
4    $100,000,000 but not exceeding $250,000,000;
5        70% of annual adjusted gross receipts in excess of
6    $250,000,000.
7    An amount equal to the amount of wagering taxes collected
8under this subsection (a-3) that are in addition to the amount
9of wagering taxes that would have been collected if the
10wagering tax rates under subsection (a-2) were in effect shall
11be paid into the Common School Fund.
12    The privilege tax imposed under this subsection (a-3)
13shall no longer be imposed beginning on the earlier of (i) July
141, 2005; (ii) the first date after June 20, 2003 that riverboat
15gambling operations are conducted pursuant to a dormant
16license; or (iii) the first day that riverboat gambling
17operations are conducted under the authority of an owners
18license that is in addition to the 10 owners licenses
19initially authorized under this Act. For the purposes of this
20subsection (a-3), the term "dormant license" means an owners
21license that is authorized by this Act under which no
22riverboat gambling operations are being conducted on June 20,
232003.
24    (a-4) Beginning on the first day on which the tax imposed
25under subsection (a-3) is no longer imposed and ending upon
26the imposition of the privilege tax under subsection (a-5) of

 

 

SB2017 Enrolled- 176 -LRB102 16155 CPF 22006 b

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

 

 

SB2017 Enrolled- 177 -LRB102 16155 CPF 22006 b

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

 

 

SB2017 Enrolled- 178 -LRB102 16155 CPF 22006 b

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

 

 

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

 

 

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

 

 

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1    Chicago;
2        15.1% of annual adjusted gross receipts in excess of
3    $225,000,000 but not exceeding $275,000,000 to the State
4    and 12.9% of annual adjusted gross receipts in excess of
5    $225,000,000 but not exceeding $275,000,000 to the City of
6    Chicago;
7        16.2% of annual adjusted gross receipts in excess of
8    $275,000,000 but not exceeding $375,000,000 to the State
9    and 13.8% of annual adjusted gross receipts in excess of
10    $275,000,000 but not exceeding $375,000,000 to the City of
11    Chicago;
12        18.9% of annual adjusted gross receipts in excess of
13    $375,000,000 to the State and 16.1% of annual gross
14    receipts in excess of $375,000,000 to the City of Chicago.
15    For the imposition of the privilege tax in this subsection
16(a-5), amounts paid pursuant to item (1) of subsection (b) of
17Section 56 of the Illinois Horse Racing Act of 1975 shall not
18be included in the determination of adjusted gross receipts.
19    Notwithstanding the provisions of this subsection (a-5),
20for the first 10 years that the privilege tax is imposed under
21this subsection (a-5), the privilege tax shall be imposed on
22the modified annual adjusted gross receipts of a riverboat or
23casino conducting gambling operations in the City of East St.
24Louis, unless:
25        (1) the riverboat or casino fails to employ at least
26    450 people;

 

 

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1        (2) the riverboat or casino fails to maintain
2    operations in a manner consistent with this Act or is not a
3    viable riverboat or casino subject to the approval of the
4    Board; or
5        (3) the owners licensee is not an entity in which
6    employees participate in an employee stock ownership plan.
7    As used in this subsection (a-5), "modified annual
8adjusted gross receipts" means:
9        (A) for calendar year 2020, the annual adjusted gross
10    receipts for the current year minus the difference between
11    an amount equal to the average annual adjusted gross
12    receipts from a riverboat or casino conducting gambling
13    operations in the City of East St. Louis for 2014, 2015,
14    2016, 2017, and 2018 and the annual adjusted gross
15    receipts for 2018;
16        (B) for calendar year 2021, the annual adjusted gross
17    receipts for the current year minus the difference between
18    an amount equal to the average annual adjusted gross
19    receipts from a riverboat or casino conducting gambling
20    operations in the City of East St. Louis for 2014, 2015,
21    2016, 2017, and 2018 and the annual adjusted gross
22    receipts for 2019; and
23        (C) for calendar years 2022 through 2029, the annual
24    adjusted gross receipts for the current year minus the
25    difference between an amount equal to the average annual
26    adjusted gross receipts from a riverboat or casino

 

 

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1    conducting gambling operations in the City of East St.
2    Louis for 3 years preceding the current year and the
3    annual adjusted gross receipts for the immediately
4    preceding year.
5    (a-6) From June 28, 2019 (the effective date of Public Act
6101-31) until June 30, 2023, an owners licensee that conducted
7gambling operations prior to January 1, 2011 shall receive a
8dollar-for-dollar credit against the tax imposed under this
9Section for any renovation or construction costs paid by the
10owners licensee, but in no event shall the credit exceed
11$2,000,000.
12    Additionally, from June 28, 2019 (the effective date of
13Public Act 101-31) until December 31, 2022, an owners licensee
14that (i) is located within 15 miles of the Missouri border, and
15(ii) has at least 3 riverboats, casinos, or their equivalent
16within a 45-mile radius, may be authorized to relocate to a new
17location with the approval of both the unit of local
18government designated as the home dock and the Board, so long
19as the new location is within the same unit of local government
20and no more than 3 miles away from its original location. Such
21owners licensee shall receive a credit against the tax imposed
22under this Section equal to 8% of the total project costs, as
23approved by the Board, for any renovation or construction
24costs paid by the owners licensee for the construction of the
25new facility, provided that the new facility is operational by
26July 1, 2022. In determining whether or not to approve a

 

 

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1relocation, the Board must consider the extent to which the
2relocation will diminish the gaming revenues received by other
3Illinois gaming facilities.
4    (a-7) Beginning in the initial adjustment year and through
5the final adjustment year, if the total obligation imposed
6pursuant to either subsection (a-5) or (a-6) will result in an
7owners licensee receiving less after-tax adjusted gross
8receipts than it received in calendar year 2018, then the
9total amount of privilege taxes that the owners licensee is
10required to pay for that calendar year shall be reduced to the
11extent necessary so that the after-tax adjusted gross receipts
12in that calendar year equals the after-tax adjusted gross
13receipts in calendar year 2018, but the privilege tax
14reduction shall not exceed the annual adjustment cap. If
15pursuant to this subsection (a-7), the total obligation
16imposed pursuant to either subsection (a-5) or (a-6) shall be
17reduced, then the owners licensee shall not receive a refund
18from the State at the end of the subject calendar year but
19instead shall be able to apply that amount as a credit against
20any payments it owes to the State in the following calendar
21year to satisfy its total obligation under either subsection
22(a-5) or (a-6). The credit for the final adjustment year shall
23occur in the calendar year following the final adjustment
24year.
25    If an owners licensee that conducted gambling operations
26prior to January 1, 2019 expands its riverboat or casino,

 

 

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1including, but not limited to, with respect to its gaming
2floor, additional non-gaming amenities such as restaurants,
3bars, and hotels and other additional facilities, and incurs
4construction and other costs related to such expansion from
5June 28, 2019 (the effective date of Public Act 101-31) until
6June 28, 2024 (the 5th anniversary of the effective date of
7Public Act 101-31), then for each $15,000,000 spent for any
8such construction or other costs related to expansion paid by
9the owners licensee, the final adjustment year shall be
10extended by one year and the annual adjustment cap shall
11increase by 0.2% of adjusted gross receipts during each
12calendar year until and including the final adjustment year.
13No further modifications to the final adjustment year or
14annual adjustment cap shall be made after $75,000,000 is
15incurred in construction or other costs related to expansion
16so that the final adjustment year shall not extend beyond the
179th calendar year after the initial adjustment year, not
18including the initial adjustment year, and the annual
19adjustment cap shall not exceed 4% of adjusted gross receipts
20in a particular calendar year. Construction and other costs
21related to expansion shall include all project related costs,
22including, but not limited to, all hard and soft costs,
23financing costs, on or off-site ground, road or utility work,
24cost of gaming equipment and all other personal property,
25initial fees assessed for each incremental gaming position,
26and the cost of incremental land acquired for such expansion.

 

 

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1Soft costs shall include, but not be limited to, legal fees,
2architect, engineering and design costs, other consultant
3costs, insurance cost, permitting costs, and pre-opening costs
4related to the expansion, including, but not limited to, any
5of the following: marketing, real estate taxes, personnel,
6training, travel and out-of-pocket expenses, supply,
7inventory, and other costs, and any other project related soft
8costs.
9    To be eligible for the tax credits in subsection (a-6),
10all construction contracts shall include a requirement that
11the contractor enter into a project labor agreement with the
12building and construction trades council with geographic
13jurisdiction of the location of the proposed gaming facility.
14    Notwithstanding any other provision of this subsection
15(a-7), this subsection (a-7) does not apply to an owners
16licensee unless such owners licensee spends at least
17$15,000,000 on construction and other costs related to its
18expansion, excluding the initial fees assessed for each
19incremental gaming position.
20    This subsection (a-7) does not apply to owners licensees
21authorized pursuant to subsection (e-5) of Section 7 of this
22Act.
23    For purposes of this subsection (a-7):
24    "Building and construction trades council" means any
25organization representing multiple construction entities that
26are monitoring or attentive to compliance with public or

 

 

SB2017 Enrolled- 187 -LRB102 16155 CPF 22006 b

1workers' safety laws, wage and hour requirements, or other
2statutory requirements or that are making or maintaining
3collective bargaining agreements.
4    "Initial adjustment year" means the year commencing on
5January 1 of the calendar year immediately following the
6earlier of the following:
7        (1) the commencement of gambling operations, either in
8    a temporary or permanent facility, with respect to the
9    owners license authorized under paragraph (1) of
10    subsection (e-5) of Section 7 of this Act; or
11        (2) June 28, 2021 (24 months after the effective date
12    of Public Act 101-31);
13provided the initial adjustment year shall not commence
14earlier than June 28, 2020 (12 months after the effective date
15of Public Act 101-31).
16    "Final adjustment year" means the 2nd calendar year after
17the initial adjustment year, not including the initial
18adjustment year, and as may be extended further as described
19in this subsection (a-7).
20    "Annual adjustment cap" means 3% of adjusted gross
21receipts in a particular calendar year, and as may be
22increased further as otherwise described in this subsection
23(a-7).
24    (a-8) Riverboat gambling operations conducted by a
25licensed manager on behalf of the State are not subject to the
26tax imposed under this Section.

 

 

SB2017 Enrolled- 188 -LRB102 16155 CPF 22006 b

1    (a-9) Beginning on January 1, 2020, the calculation of
2gross receipts or adjusted gross receipts, for the purposes of
3this Section, for a riverboat, a casino, or an organization
4gaming facility shall not include the dollar amount of
5non-cashable vouchers, coupons, and electronic promotions
6redeemed by wagerers upon the riverboat, in the casino, or in
7the organization gaming facility up to and including an amount
8not to exceed 20% of a riverboat's, a casino's, or an
9organization gaming facility's adjusted gross receipts.
10    The Illinois Gaming Board shall submit to the General
11Assembly a comprehensive report no later than March 31, 2023
12detailing, at a minimum, the effect of removing non-cashable
13vouchers, coupons, and electronic promotions from this
14calculation on net gaming revenues to the State in calendar
15years 2020 through 2022, the increase or reduction in wagerers
16as a result of removing non-cashable vouchers, coupons, and
17electronic promotions from this calculation, the effect of the
18tax rates in subsection (a-5) on net gaming revenues to this
19State, and proposed modifications to the calculation.
20    (a-10) The taxes imposed by this Section shall be paid by
21the licensed owner or the organization gaming licensee to the
22Board not later than 5:00 o'clock p.m. of the day after the day
23when the wagers were made.
24    (a-15) If the privilege tax imposed under subsection (a-3)
25is no longer imposed pursuant to item (i) of the last paragraph
26of subsection (a-3), then by June 15 of each year, each owners

 

 

SB2017 Enrolled- 189 -LRB102 16155 CPF 22006 b

1licensee, other than an owners licensee that admitted
21,000,000 persons or fewer in calendar year 2004, must, in
3addition to the payment of all amounts otherwise due under
4this Section, pay to the Board a reconciliation payment in the
5amount, if any, by which the licensed owner's base amount
6exceeds the amount of net privilege tax paid by the licensed
7owner to the Board in the then current State fiscal year. A
8licensed owner's net privilege tax obligation due for the
9balance of the State fiscal year shall be reduced up to the
10total of the amount paid by the licensed owner in its June 15
11reconciliation payment. The obligation imposed by this
12subsection (a-15) is binding on any person, firm, corporation,
13or other entity that acquires an ownership interest in any
14such owners license. The obligation imposed under this
15subsection (a-15) terminates on the earliest of: (i) July 1,
162007, (ii) the first day after the effective date of this
17amendatory Act of the 94th General Assembly that riverboat
18gambling operations are conducted pursuant to a dormant
19license, (iii) the first day that riverboat gambling
20operations are conducted under the authority of an owners
21license that is in addition to the 10 owners licenses
22initially authorized under this Act, or (iv) the first day
23that a licensee under the Illinois Horse Racing Act of 1975
24conducts gaming operations with slot machines or other
25electronic gaming devices. The Board must reduce the
26obligation imposed under this subsection (a-15) by an amount

 

 

SB2017 Enrolled- 190 -LRB102 16155 CPF 22006 b

1the Board deems reasonable for any of the following reasons:
2(A) an act or acts of God, (B) an act of bioterrorism or
3terrorism or a bioterrorism or terrorism threat that was
4investigated by a law enforcement agency, or (C) a condition
5beyond the control of the owners licensee that does not result
6from any act or omission by the owners licensee or any of its
7agents and that poses a hazardous threat to the health and
8safety of patrons. If an owners licensee pays an amount in
9excess of its liability under this Section, the Board shall
10apply the overpayment to future payments required under this
11Section.
12    For purposes of this subsection (a-15):
13    "Act of God" means an incident caused by the operation of
14an extraordinary force that cannot be foreseen, that cannot be
15avoided by the exercise of due care, and for which no person
16can be held liable.
17    "Base amount" means the following:
18        For a riverboat in Alton, $31,000,000.
19        For a riverboat in East Peoria, $43,000,000.
20        For the Empress riverboat in Joliet, $86,000,000.
21        For a riverboat in Metropolis, $45,000,000.
22        For the Harrah's riverboat in Joliet, $114,000,000.
23        For a riverboat in Aurora, $86,000,000.
24        For a riverboat in East St. Louis, $48,500,000.
25        For a riverboat in Elgin, $198,000,000.
26    "Dormant license" has the meaning ascribed to it in

 

 

SB2017 Enrolled- 191 -LRB102 16155 CPF 22006 b

1subsection (a-3).
2    "Net privilege tax" means all privilege taxes paid by a
3licensed owner to the Board under this Section, less all
4payments made from the State Gaming Fund pursuant to
5subsection (b) of this Section.
6    The changes made to this subsection (a-15) by Public Act
794-839 are intended to restate and clarify the intent of
8Public Act 94-673 with respect to the amount of the payments
9required to be made under this subsection by an owners
10licensee to the Board.
11    (b) From the tax revenue from riverboat or casino gambling
12deposited in the State Gaming Fund under this Section, an
13amount equal to 5% of adjusted gross receipts generated by a
14riverboat or a casino, other than a riverboat or casino
15designated in paragraph (1), (3), or (4) of subsection (e-5)
16of Section 7, shall be paid monthly, subject to appropriation
17by the General Assembly, to the unit of local government in
18which the casino is located or that is designated as the home
19dock of the riverboat. Notwithstanding anything to the
20contrary, beginning on the first day that an owners licensee
21under paragraph (1), (2), (3), (4), (5), or (6) of subsection
22(e-5) of Section 7 conducts gambling operations, either in a
23temporary facility or a permanent facility, and for 2 years
24thereafter, a unit of local government designated as the home
25dock of a riverboat whose license was issued before January 1,
262019, other than a riverboat conducting gambling operations in

 

 

SB2017 Enrolled- 192 -LRB102 16155 CPF 22006 b

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

 

 

SB2017 Enrolled- 193 -LRB102 16155 CPF 22006 b

1a riverboat designated in paragraph (3) of subsection (e-5) of
2Section 7 shall be divided and remitted monthly, subject to
3appropriation, as follows: 70% to Waukegan, 10% to Park City,
415% to North Chicago, and 5% to Lake County.
5    From the tax revenue from riverboat or casino gambling
6deposited in the State Gaming Fund under this Section, an
7amount equal to 5% of the adjusted gross receipts generated by
8a riverboat designated in paragraph (4) of subsection (e-5) of
9Section 7 shall be remitted monthly, subject to appropriation,
10as follows: 70% to the City of Rockford, 5% to the City of
11Loves Park, 5% to the Village of Machesney, and 20% to
12Winnebago County.
13    From the tax revenue from riverboat or casino gambling
14deposited in the State Gaming Fund under this Section, an
15amount equal to 5% of the adjusted gross receipts generated by
16a riverboat designated in paragraph (5) of subsection (e-5) of
17Section 7 shall be remitted monthly, subject to appropriation,
18as follows: 2% to the unit of local government in which the
19riverboat or casino is located, and 3% shall be distributed:
20(A) in accordance with a regional capital development plan
21entered into by the following communities: Village of Beecher,
22City of Blue Island, Village of Burnham, City of Calumet City,
23Village of Calumet Park, City of Chicago Heights, City of
24Country Club Hills, Village of Crestwood, Village of Crete,
25Village of Dixmoor, Village of Dolton, Village of East Hazel
26Crest, Village of Flossmoor, Village of Ford Heights, Village

 

 

SB2017 Enrolled- 194 -LRB102 16155 CPF 22006 b

1of Glenwood, City of Harvey, Village of Hazel Crest, Village
2of Homewood, Village of Lansing, Village of Lynwood, City of
3Markham, Village of Matteson, Village of Midlothian, Village
4of Monee, City of Oak Forest, Village of Olympia Fields,
5Village of Orland Hills, Village of Orland Park, City of Palos
6Heights, Village of Park Forest, Village of Phoenix, Village
7of Posen, Village of Richton Park, Village of Riverdale,
8Village of Robbins, Village of Sauk Village, Village of South
9Chicago Heights, Village of South Holland, Village of Steger,
10Village of Thornton, Village of Tinley Park, Village of
11University Park and Village of Worth; or (B) if no regional
12capital development plan exists, equally among the communities
13listed in item (A) to be used for capital expenditures or
14public pension payments, or both.
15    Units of local government may refund any portion of the
16payment that they receive pursuant to this subsection (b) to
17the riverboat or casino.
18    (b-4) Beginning on the first day the licensee under
19paragraph (5) of subsection (e-5) of Section 7 conducts
20gambling operations, either in a temporary facility or a
21permanent facility, and ending on July 31, 2042, from the tax
22revenue deposited in the State Gaming Fund under this Section,
23$5,000,000 shall be paid annually, subject to appropriation,
24to the host municipality of that owners licensee of a license
25issued or re-issued pursuant to Section 7.1 of this Act before
26January 1, 2012. Payments received by the host municipality

 

 

SB2017 Enrolled- 195 -LRB102 16155 CPF 22006 b

1pursuant to this subsection (b-4) may not be shared with any
2other unit of local government.
3    (b-5) Beginning on June 28, 2019 (the effective date of
4Public Act 101-31), from the tax revenue deposited in the
5State Gaming Fund under this Section, an amount equal to 3% of
6adjusted gross receipts generated by each organization gaming
7facility located outside Madison County shall be paid monthly,
8subject to appropriation by the General Assembly, to a
9municipality other than the Village of Stickney in which each
10organization gaming facility is located or, if the
11organization gaming facility is not located within a
12municipality, to the county in which the organization gaming
13facility is located, except as otherwise provided in this
14Section. From the tax revenue deposited in the State Gaming
15Fund under this Section, an amount equal to 3% of adjusted
16gross receipts generated by an organization gaming facility
17located in the Village of Stickney shall be paid monthly,
18subject to appropriation by the General Assembly, as follows:
1925% to the Village of Stickney, 5% to the City of Berwyn, 50%
20to the Town of Cicero, and 20% to the Stickney Public Health
21District.
22    From the tax revenue deposited in the State Gaming Fund
23under this Section, an amount equal to 5% of adjusted gross
24receipts generated by an organization gaming facility located
25in the City of Collinsville shall be paid monthly, subject to
26appropriation by the General Assembly, as follows: 30% to the

 

 

SB2017 Enrolled- 196 -LRB102 16155 CPF 22006 b

1City of Alton, 30% to the City of East St. Louis, and 40% to
2the City of Collinsville.
3    Municipalities and counties may refund any portion of the
4payment that they receive pursuant to this subsection (b-5) to
5the organization gaming facility.
6    (b-6) Beginning on June 28, 2019 (the effective date of
7Public Act 101-31), from the tax revenue deposited in the
8State Gaming Fund under this Section, an amount equal to 2% of
9adjusted gross receipts generated by an organization gaming
10facility located outside Madison County shall be paid monthly,
11subject to appropriation by the General Assembly, to the
12county in which the organization gaming facility is located
13for the purposes of its criminal justice system or health care
14system.
15    Counties may refund any portion of the payment that they
16receive pursuant to this subsection (b-6) to the organization
17gaming facility.
18    (b-7) From the tax revenue from the organization gaming
19licensee located in one of the following townships of Cook
20County: Bloom, Bremen, Calumet, Orland, Rich, Thornton, or
21Worth, an amount equal to 5% of the adjusted gross receipts
22generated by that organization gaming licensee shall be
23remitted monthly, subject to appropriation, as follows: 2% to
24the unit of local government in which the organization gaming
25licensee is located, and 3% shall be distributed: (A) in
26accordance with a regional capital development plan entered

 

 

SB2017 Enrolled- 197 -LRB102 16155 CPF 22006 b

1into by the following communities: Village of Beecher, City of
2Blue Island, Village of Burnham, City of Calumet City, Village
3of Calumet Park, City of Chicago Heights, City of Country Club
4Hills, Village of Crestwood, Village of Crete, Village of
5Dixmoor, Village of Dolton, Village of East Hazel Crest,
6Village of Flossmoor, Village of Ford Heights, Village of
7Glenwood, City of Harvey, Village of Hazel Crest, Village of
8Homewood, Village of Lansing, Village of Lynwood, City of
9Markham, Village of Matteson, Village of Midlothian, Village
10of Monee, City of Oak Forest, Village of Olympia Fields,
11Village of Orland Hills, Village of Orland Park, City of Palos
12Heights, Village of Park Forest, Village of Phoenix, Village
13of Posen, Village of Richton Park, Village of Riverdale,
14Village of Robbins, Village of Sauk Village, Village of South
15Chicago Heights, Village of South Holland, Village of Steger,
16Village of Thornton, Village of Tinley Park, Village of
17University Park, and Village of Worth; or (B) if no regional
18capital development plan exists, equally among the communities
19listed in item (A) to be used for capital expenditures or
20public pension payments, or both.
21    (b-8) In lieu of the payments under subsection (b) of this
22Section, from the tax revenue deposited in the State Gaming
23Fund pursuant to riverboat or casino gambling operations
24conducted by an owners licensee under paragraph (1) of
25subsection (e-5) of Section 7, an amount equal to the tax
26revenue generated from the privilege tax imposed by paragraph

 

 

SB2017 Enrolled- 198 -LRB102 16155 CPF 22006 b

1(2) of subsection (a-5) that is to be paid to the City of
2Chicago shall be paid monthly, subject to appropriation by the
3General Assembly, as follows: (1) an amount equal to 0.5% of
4the annual adjusted gross receipts generated by the owners
5licensee under paragraph (1) of subsection (e-5) of Section 7
6to the home rule county in which the owners licensee is located
7for the purpose of enhancing the county's criminal justice
8system; and (2) the balance to the City of Chicago and shall be
9expended or obligated by the City of Chicago for pension
10payments in accordance with Public Act 99-506.
11    (c) Appropriations, as approved by the General Assembly,
12may be made from the State Gaming Fund to the Board (i) for the
13administration and enforcement of this Act and the Video
14Gaming Act, (ii) for distribution to the Department of State
15Police and to the Department of Revenue for the enforcement of
16this Act and the Video Gaming Act, and (iii) to the Department
17of Human Services for the administration of programs to treat
18problem gambling, including problem gambling from sports
19wagering. The Board's annual appropriations request must
20separately state its funding needs for the regulation of
21gaming authorized under Section 7.7, riverboat gaming, casino
22gaming, video gaming, and sports wagering.
23    (c-2) An amount equal to 2% of the adjusted gross receipts
24generated by an organization gaming facility located within a
25home rule county with a population of over 3,000,000
26inhabitants shall be paid, subject to appropriation from the

 

 

SB2017 Enrolled- 199 -LRB102 16155 CPF 22006 b

1General Assembly, from the State Gaming Fund to the home rule
2county in which the organization gaming licensee is located
3for the purpose of enhancing the county's criminal justice
4system.
5    (c-3) Appropriations, as approved by the General Assembly,
6may be made from the tax revenue deposited into the State
7Gaming Fund from organization gaming licensees pursuant to
8this Section for the administration and enforcement of this
9Act.
10    (c-4) After payments required under subsections (b),
11(b-5), (b-6), (b-7), (c), (c-2), and (c-3) have been made from
12the tax revenue from organization gaming licensees deposited
13into the State Gaming Fund under this Section, all remaining
14amounts from organization gaming licensees shall be
15transferred into the Capital Projects Fund.
16    (c-5) (Blank).
17    (c-10) Each year the General Assembly shall appropriate
18from the General Revenue Fund to the Education Assistance Fund
19an amount equal to the amount paid into the Horse Racing Equity
20Fund pursuant to subsection (c-5) in the prior calendar year.
21    (c-15) After the payments required under subsections (b),
22(c), and (c-5) have been made, an amount equal to 2% of the
23adjusted gross receipts of (1) an owners licensee that
24relocates pursuant to Section 11.2, (2) an owners licensee
25conducting riverboat gambling operations pursuant to an owners
26license that is initially issued after June 25, 1999, or (3)

 

 

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

 

 

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1subject to appropriation from the General Assembly, from the
2State Gaming Fund to the home rule county in which the owners
3licensee is located for the purpose of enhancing the county's
4criminal justice system.
5    (c-25) From July 1, 2013 and each July 1 thereafter
6through July 1, 2019, $1,600,000 shall be transferred from the
7State Gaming Fund to the Chicago State University Education
8Improvement Fund.
9    On July 1, 2020 and each July 1 thereafter, $3,000,000
10shall be transferred from the State Gaming Fund to the Chicago
11State University Education Improvement Fund.
12    (c-30) On July 1, 2013 or as soon as possible thereafter,
13$92,000,000 shall be transferred from the State Gaming Fund to
14the School Infrastructure Fund and $23,000,000 shall be
15transferred from the State Gaming Fund to the Horse Racing
16Equity Fund.
17    (c-35) Beginning on July 1, 2013, in addition to any
18amount transferred under subsection (c-30) of this Section,
19$5,530,000 shall be transferred monthly from the State Gaming
20Fund to the School Infrastructure Fund.
21    (d) From time to time, through June 30, 2021, the Board
22shall transfer the remainder of the funds generated by this
23Act into the Education Assistance Fund, created by Public Act
2486-0018, of the State of Illinois.
25    (d-5) Beginning on July 1, 2021, on the last day of each
26month, or as soon thereafter as possible, after all the

 

 

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1required expenditures, distributions and transfers have been
2made from the State Gaming Fund for the month pursuant to
3subsections (b) through (c-35), the Board shall transfer
4$22,500,000, along with any deficiencies in such amounts from
5prior months, from the State Gaming Fund to the Education
6Assistance Fund; then the Board shall transfer the remainder
7of the funds generated by this Act, if any, from the State
8Gaming Fund to the Capital Projects Fund.
9    (e) Nothing in this Act shall prohibit the unit of local
10government designated as the home dock of the riverboat from
11entering into agreements with other units of local government
12in this State or in other states to share its portion of the
13tax revenue.
14    (f) To the extent practicable, the Board shall administer
15and collect the wagering taxes imposed by this Section in a
16manner consistent with the provisions of Sections 4, 5, 5a,
175b, 5c, 5d, 5e, 5f, 5g, 5i, 5j, 6, 6a, 6b, 6c, 8, 9, and 10 of
18the Retailers' Occupation Tax Act and Section 3-7 of the
19Uniform Penalty and Interest Act.
20(Source: P.A. 101-31, Article 25, Section 25-910, eff.
216-28-19; 101-31, Article 35, Section 35-55, eff. 6-28-19;
22101-648, eff. 6-30-20.)
 
23    Section 3-115. The Sports Wagering Act is amended by
24changing Section 25-90 as follows:
 

 

 

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1    (230 ILCS 45/25-90)
2    Sec. 25-90. Tax; Sports Wagering Fund.
3    (a) For the privilege of holding a license to operate
4sports wagering under this Act, this State shall impose and
5collect 15% of a master sports wagering licensee's adjusted
6gross sports wagering receipts from sports wagering. The
7accrual method of accounting shall be used for purposes of
8calculating the amount of the tax owed by the licensee.
9    The taxes levied and collected pursuant to this subsection
10(a) are due and payable to the Board no later than the last day
11of the month following the calendar month in which the
12adjusted gross sports wagering receipts were received and the
13tax obligation was accrued.
14    (a-5) In addition to the tax imposed under subsection (a)
15of this Section, for the privilege of holding a license to
16operate sports wagering under this Act, the State shall impose
17and collect 2% of the adjusted gross receipts from sports
18wagers that are placed within a home rule county with a
19population of over 3,000,000 inhabitants, which shall be paid,
20subject to appropriation from the General Assembly, from the
21Sports Wagering Fund to that home rule county for the purpose
22of enhancing the county's criminal justice system.
23    (b) The Sports Wagering Fund is hereby created as special
24fund in the State treasury. Except as otherwise provided in
25this Act, all moneys collected under this Act by the Board
26shall be deposited into the Sports Wagering Fund. On the 25th

 

 

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1of each month, any moneys remaining in the Sports Wagering
2Fund in excess of the anticipated monthly expenditures from
3the Fund through the next month, as certified by the Board to
4the State Comptroller, shall be transferred by the State
5Comptroller and the State Treasurer to the Capital Projects
6Fund.
7    (c) Beginning with July 2021, and on a monthly basis
8thereafter, the Board shall certify to the State Comptroller
9the amount of license fees collected in the month for initial
10licenses issued under this Act, except for occupational
11licenses. As soon after certification as practicable, the
12State Comptroller shall direct and the State Treasurer shall
13transfer the certified amount from the Sports Wagering Fund to
14the Rebuild Illinois Projects Fund.
15(Source: P.A. 101-31, eff. 6-28-19.)
 
16    Section 3-120. The Illinois Public Aid Code is amended by
17changing Sections 5-5.4, 12-10, and 12-10.3 and by adding
18Sections 5-2.09 and 5-2.10 as follows:
 
19    (305 ILCS 5/5-2.09 new)
20    Sec. 5-2.09. Enhanced federal medical assistance
21percentage. In accordance with Section 9817 of the American
22Rescue Plan Act of 2021 (Pub. L. 117-2) and corresponding
23federal guidance, the Department of Healthcare and Family
24Services shall take appropriate actions to claim an enhanced

 

 

SB2017 Enrolled- 205 -LRB102 16155 CPF 22006 b

1federal medical assistance percentage (FMAP) provided by
2Section 9817 of the American Rescue Plan Act of 2021 with
3respect to expenditures under the State medical assistance
4program for home and community-based services from April 1,
52021 through March 31, 2022. The Department is authorized to
6use State funds equivalent to the amount of federal funds
7attributable to the increased federal medical assistance
8percentage under Section 9817 of the American Rescue Plan Act
9of 2021 to implement or supplement the implementation of
10activities to enhance, expand, or strengthen home and
11community based services under the State's medical assistance
12program to the extent permitted by and aligned with the goals
13of Section 9817 of the American Rescue Plan Act of 2021 through
14March 31, 2024 or any revised deadline established by the
15federal government. The use of such funds is subject to
16compliance with applicable federal requirements and federal
17approval, including the approval of any necessary State Plan
18Amendments, Waiver Amendments, or other federally required
19documents or assurances.
20    The Department may adopt rules as necessary, including
21emergency rules as authorized by Section 5-45 of the Illinois
22Administrative Procedure Act, to implement the provisions of
23this Section.
 
24    (305 ILCS 5/5-2.10 new)
25    Sec. 5-2.10. Increased accountability for nursing

 

 

SB2017 Enrolled- 206 -LRB102 16155 CPF 22006 b

1facilities. The Department shall develop a plan for the
2revitalization of nursing homes licensed under the Nursing
3Home Care Act and shall report to the Governor and the General
4Assembly on a recommended course of action, including, but not
5limited to, the following:
6        (1) significantly increasing federal funds by
7    streamlining and raising the nursing home provider
8    assessment on occupied beds;
9        (2)improving payments through increased funding and
10    providing additional incentives for staffing, quality
11    metrics and infection control measures; and
12        (3)transitioning the methodologies for reimbursement
13    of nursing services as provided under this Article to the
14    Patient Driven Payment Model (PDPM) developed by the
15    federal Centers for Medicare and Medicaid Services.
16    No later than September 30, 2021, the Department shall
17submit a report to the Governor and the General Assembly,
18which outlines the steps taken by the Department, including
19discussions with interested stakeholders and industry
20representatives, and recommendations for further action by the
21General Assembly to provide for accountability and to achieve
22the program objectives outlined in this Section, which shall
23require action by the General Assembly.
 
24    (305 ILCS 5/5-5.4)  (from Ch. 23, par. 5-5.4)
25    Sec. 5-5.4. Standards of Payment - Department of

 

 

SB2017 Enrolled- 207 -LRB102 16155 CPF 22006 b

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

 

 

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1under the Nursing Home Care Act as Intermediate Care for the
2Developmentally Disabled facilities or Long Term Care for
3Under Age 22 facilities, the rates taking effect on July 1,
41998 shall include an increase of 3%. For facilities licensed
5by the Department of Public Health under the Nursing Home Care
6Act as Skilled Nursing facilities or Intermediate Care
7facilities, the rates taking effect on July 1, 1998 shall
8include an increase of 3% plus $1.10 per resident-day, as
9defined by the Department. For facilities licensed by the
10Department of Public Health under the Nursing Home Care Act as
11Intermediate Care Facilities for the Developmentally Disabled
12or Long Term Care for Under Age 22 facilities, the rates taking
13effect on January 1, 2006 shall include an increase of 3%. For
14facilities licensed by the Department of Public Health under
15the Nursing Home Care Act as Intermediate Care Facilities for
16the Developmentally Disabled or Long Term Care for Under Age
1722 facilities, the rates taking effect on January 1, 2009
18shall include an increase sufficient to provide a $0.50 per
19hour wage increase for non-executive staff. For facilities
20licensed by the Department of Public Health under the ID/DD
21Community Care Act as ID/DD Facilities the rates taking effect
22within 30 days after July 6, 2017 (the effective date of Public
23Act 100-23) shall include an increase sufficient to provide a
24$0.75 per hour wage increase for non-executive staff. The
25Department shall adopt rules, including emergency rules under
26subsection (y) of Section 5-45 of the Illinois Administrative

 

 

SB2017 Enrolled- 209 -LRB102 16155 CPF 22006 b

1Procedure Act, to implement the provisions of this paragraph.
2For facilities licensed by the Department of Public Health
3under the ID/DD Community Care Act as ID/DD Facilities and
4under the MC/DD Act as MC/DD Facilities, the rates taking
5effect within 30 days after the effective date of this
6amendatory Act of the 100th General Assembly shall include an
7increase sufficient to provide a $0.50 per hour wage increase
8for non-executive front-line personnel, including, but not
9limited to, direct support persons, aides, front-line
10supervisors, qualified intellectual disabilities
11professionals, nurses, and non-administrative support staff.
12The Department shall adopt rules, including emergency rules
13under subsection (bb) of Section 5-45 of the Illinois
14Administrative Procedure Act, to implement the provisions of
15this paragraph.
16    For facilities licensed by the Department of Public Health
17under the Nursing Home Care Act as Intermediate Care for the
18Developmentally Disabled facilities or Long Term Care for
19Under Age 22 facilities, the rates taking effect on July 1,
201999 shall include an increase of 1.6% plus $3.00 per
21resident-day, as defined by the Department. For facilities
22licensed by the Department of Public Health under the Nursing
23Home Care Act as Skilled Nursing facilities or Intermediate
24Care facilities, the rates taking effect on July 1, 1999 shall
25include an increase of 1.6% and, for services provided on or
26after October 1, 1999, shall be increased by $4.00 per

 

 

SB2017 Enrolled- 210 -LRB102 16155 CPF 22006 b

1resident-day, as defined by the Department.
2    For facilities licensed by the Department of Public Health
3under the Nursing Home Care Act as Intermediate Care for the
4Developmentally Disabled facilities or Long Term Care for
5Under Age 22 facilities, the rates taking effect on July 1,
62000 shall include an increase of 2.5% per resident-day, as
7defined by the Department. For facilities licensed by the
8Department of Public Health under the Nursing Home Care Act as
9Skilled Nursing facilities or Intermediate Care facilities,
10the rates taking effect on July 1, 2000 shall include an
11increase of 2.5% per resident-day, as defined by the
12Department.
13    For facilities licensed by the Department of Public Health
14under the Nursing Home Care Act as skilled nursing facilities
15or intermediate care facilities, a new payment methodology
16must be implemented for the nursing component of the rate
17effective July 1, 2003. The Department of Public Aid (now
18Healthcare and Family Services) shall develop the new payment
19methodology using the Minimum Data Set (MDS) as the instrument
20to collect information concerning nursing home resident
21condition necessary to compute the rate. The Department shall
22develop the new payment methodology to meet the unique needs
23of Illinois nursing home residents while remaining subject to
24the appropriations provided by the General Assembly. A
25transition period from the payment methodology in effect on
26June 30, 2003 to the payment methodology in effect on July 1,

 

 

SB2017 Enrolled- 211 -LRB102 16155 CPF 22006 b

12003 shall be provided for a period not exceeding 3 years and
2184 days after implementation of the new payment methodology
3as follows:
4        (A) For a facility that would receive a lower nursing
5    component rate per patient day under the new system than
6    the facility received effective on the date immediately
7    preceding the date that the Department implements the new
8    payment methodology, the nursing component rate per
9    patient day for the facility shall be held at the level in
10    effect on the date immediately preceding the date that the
11    Department implements the new payment methodology until a
12    higher nursing component rate of reimbursement is achieved
13    by that facility.
14        (B) For a facility that would receive a higher nursing
15    component rate per patient day under the payment
16    methodology in effect on July 1, 2003 than the facility
17    received effective on the date immediately preceding the
18    date that the Department implements the new payment
19    methodology, the nursing component rate per patient day
20    for the facility shall be adjusted.
21        (C) Notwithstanding paragraphs (A) and (B), the
22    nursing component rate per patient day for the facility
23    shall be adjusted subject to appropriations provided by
24    the General Assembly.
25    For facilities licensed by the Department of Public Health
26under the Nursing Home Care Act as Intermediate Care for the

 

 

SB2017 Enrolled- 212 -LRB102 16155 CPF 22006 b

1Developmentally Disabled facilities or Long Term Care for
2Under Age 22 facilities, the rates taking effect on March 1,
32001 shall include a statewide increase of 7.85%, as defined
4by the Department.
5    Notwithstanding any other provision of this Section, for
6facilities licensed by the Department of Public Health under
7the Nursing Home Care Act as skilled nursing facilities or
8intermediate care facilities, except facilities participating
9in the Department's demonstration program pursuant to the
10provisions of Title 77, Part 300, Subpart T of the Illinois
11Administrative Code, the numerator of the ratio used by the
12Department of Healthcare and Family Services to compute the
13rate payable under this Section using the Minimum Data Set
14(MDS) methodology shall incorporate the following annual
15amounts as the additional funds appropriated to the Department
16specifically to pay for rates based on the MDS nursing
17component methodology in excess of the funding in effect on
18December 31, 2006:
19        (i) For rates taking effect January 1, 2007,
20    $60,000,000.
21        (ii) For rates taking effect January 1, 2008,
22    $110,000,000.
23        (iii) For rates taking effect January 1, 2009,
24    $194,000,000.
25        (iv) For rates taking effect April 1, 2011, or the
26    first day of the month that begins at least 45 days after

 

 

SB2017 Enrolled- 213 -LRB102 16155 CPF 22006 b

1    the effective date of this amendatory Act of the 96th
2    General Assembly, $416,500,000 or an amount as may be
3    necessary to complete the transition to the MDS
4    methodology for the nursing component of the rate.
5    Increased payments under this item (iv) are not due and
6    payable, however, until (i) the methodologies described in
7    this paragraph are approved by the federal government in
8    an appropriate State Plan amendment and (ii) the
9    assessment imposed by Section 5B-2 of this Code is
10    determined to be a permissible tax under Title XIX of the
11    Social Security Act.
12    Notwithstanding any other provision of this Section, for
13facilities licensed by the Department of Public Health under
14the Nursing Home Care Act as skilled nursing facilities or
15intermediate care facilities, the support component of the
16rates taking effect on January 1, 2008 shall be computed using
17the most recent cost reports on file with the Department of
18Healthcare and Family Services no later than April 1, 2005,
19updated for inflation to January 1, 2006.
20    For facilities licensed by the Department of Public Health
21under the Nursing Home Care Act as Intermediate Care for the
22Developmentally Disabled facilities or Long Term Care for
23Under Age 22 facilities, the rates taking effect on April 1,
242002 shall include a statewide increase of 2.0%, as defined by
25the Department. This increase terminates on July 1, 2002;
26beginning July 1, 2002 these rates are reduced to the level of

 

 

SB2017 Enrolled- 214 -LRB102 16155 CPF 22006 b

1the rates in effect on March 31, 2002, as defined by the
2Department.
3    For facilities licensed by the Department of Public Health
4under the Nursing Home Care Act as skilled nursing facilities
5or intermediate care facilities, the rates taking effect on
6July 1, 2001 shall be computed using the most recent cost
7reports on file with the Department of Public Aid no later than
8April 1, 2000, updated for inflation to January 1, 2001. For
9rates effective July 1, 2001 only, rates shall be the greater
10of the rate computed for July 1, 2001 or the rate effective on
11June 30, 2001.
12    Notwithstanding any other provision of this Section, for
13facilities licensed by the Department of Public Health under
14the Nursing Home Care Act as skilled nursing facilities or
15intermediate care facilities, the Illinois Department shall
16determine by rule the rates taking effect on July 1, 2002,
17which shall be 5.9% less than the rates in effect on June 30,
182002.
19    Notwithstanding any other provision of this Section, for
20facilities licensed by the Department of Public Health under
21the Nursing Home Care Act as skilled nursing facilities or
22intermediate care facilities, if the payment methodologies
23required under Section 5A-12 and the waiver granted under 42
24CFR 433.68 are approved by the United States Centers for
25Medicare and Medicaid Services, the rates taking effect on
26July 1, 2004 shall be 3.0% greater than the rates in effect on

 

 

SB2017 Enrolled- 215 -LRB102 16155 CPF 22006 b

1June 30, 2004. These rates shall take effect only upon
2approval and implementation of the payment methodologies
3required under Section 5A-12.
4    Notwithstanding any other provisions of this Section, for
5facilities licensed by the Department of Public Health under
6the Nursing Home Care Act as skilled nursing facilities or
7intermediate care facilities, the rates taking effect on
8January 1, 2005 shall be 3% more than the rates in effect on
9December 31, 2004.
10    Notwithstanding any other provision of this Section, for
11facilities licensed by the Department of Public Health under
12the Nursing Home Care Act as skilled nursing facilities or
13intermediate care facilities, effective January 1, 2009, the
14per diem support component of the rates effective on January
151, 2008, computed using the most recent cost reports on file
16with the Department of Healthcare and Family Services no later
17than April 1, 2005, updated for inflation to January 1, 2006,
18shall be increased to the amount that would have been derived
19using standard Department of Healthcare and Family Services
20methods, procedures, and inflators.
21    Notwithstanding any other provisions of this Section, for
22facilities licensed by the Department of Public Health under
23the Nursing Home Care Act as intermediate care facilities that
24are federally defined as Institutions for Mental Disease, or
25facilities licensed by the Department of Public Health under
26the Specialized Mental Health Rehabilitation Act of 2013, a

 

 

SB2017 Enrolled- 216 -LRB102 16155 CPF 22006 b

1socio-development component rate equal to 6.6% of the
2facility's nursing component rate as of January 1, 2006 shall
3be established and paid effective July 1, 2006. The
4socio-development component of the rate shall be increased by
5a factor of 2.53 on the first day of the month that begins at
6least 45 days after January 11, 2008 (the effective date of
7Public Act 95-707). As of August 1, 2008, the
8socio-development component rate shall be equal to 6.6% of the
9facility's nursing component rate as of January 1, 2006,
10multiplied by a factor of 3.53. For services provided on or
11after April 1, 2011, or the first day of the month that begins
12at least 45 days after the effective date of this amendatory
13Act of the 96th General Assembly, whichever is later, the
14Illinois Department may by rule adjust these socio-development
15component rates, and may use different adjustment
16methodologies for those facilities participating, and those
17not participating, in the Illinois Department's demonstration
18program pursuant to the provisions of Title 77, Part 300,
19Subpart T of the Illinois Administrative Code, but in no case
20may such rates be diminished below those in effect on August 1,
212008.
22    For facilities licensed by the Department of Public Health
23under the Nursing Home Care Act as Intermediate Care for the
24Developmentally Disabled facilities or as long-term care
25facilities for residents under 22 years of age, the rates
26taking effect on July 1, 2003 shall include a statewide

 

 

SB2017 Enrolled- 217 -LRB102 16155 CPF 22006 b

1increase of 4%, as defined by the Department.
2    For facilities licensed by the Department of Public Health
3under the Nursing Home Care Act as Intermediate Care for the
4Developmentally Disabled facilities or Long Term Care for
5Under Age 22 facilities, the rates taking effect on the first
6day of the month that begins at least 45 days after the
7effective date of this amendatory Act of the 95th General
8Assembly shall include a statewide increase of 2.5%, as
9defined by the Department.
10    Notwithstanding any other provision of this Section, for
11facilities licensed by the Department of Public Health under
12the Nursing Home Care Act as skilled nursing facilities or
13intermediate care facilities, effective January 1, 2005,
14facility rates shall be increased by the difference between
15(i) a facility's per diem property, liability, and malpractice
16insurance costs as reported in the cost report filed with the
17Department of Public Aid and used to establish rates effective
18July 1, 2001 and (ii) those same costs as reported in the
19facility's 2002 cost report. These costs shall be passed
20through to the facility without caps or limitations, except
21for adjustments required under normal auditing procedures.
22    Rates established effective each July 1 shall govern
23payment for services rendered throughout that fiscal year,
24except that rates established on July 1, 1996 shall be
25increased by 6.8% for services provided on or after January 1,
261997. Such rates will be based upon the rates calculated for

 

 

SB2017 Enrolled- 218 -LRB102 16155 CPF 22006 b

1the year beginning July 1, 1990, and for subsequent years
2thereafter until June 30, 2001 shall be based on the facility
3cost reports for the facility fiscal year ending at any point
4in time during the previous calendar year, updated to the
5midpoint of the rate year. The cost report shall be on file
6with the Department no later than April 1 of the current rate
7year. Should the cost report not be on file by April 1, the
8Department shall base the rate on the latest cost report filed
9by each skilled care facility and intermediate care facility,
10updated to the midpoint of the current rate year. In
11determining rates for services rendered on and after July 1,
121985, fixed time shall not be computed at less than zero. The
13Department shall not make any alterations of regulations which
14would reduce any component of the Medicaid rate to a level
15below what that component would have been utilizing in the
16rate effective on July 1, 1984.
17    (2) Shall take into account the actual costs incurred by
18facilities in providing services for recipients of skilled
19nursing and intermediate care services under the medical
20assistance program.
21    (3) Shall take into account the medical and psycho-social
22characteristics and needs of the patients.
23    (4) Shall take into account the actual costs incurred by
24facilities in meeting licensing and certification standards
25imposed and prescribed by the State of Illinois, any of its
26political subdivisions or municipalities and by the U.S.

 

 

SB2017 Enrolled- 219 -LRB102 16155 CPF 22006 b

1Department of Health and Human Services pursuant to Title XIX
2of the Social Security Act.
3    The Department of Healthcare and Family Services shall
4develop precise standards for payments to reimburse nursing
5facilities for any utilization of appropriate rehabilitative
6personnel for the provision of rehabilitative services which
7is authorized by federal regulations, including reimbursement
8for services provided by qualified therapists or qualified
9assistants, and which is in accordance with accepted
10professional practices. Reimbursement also may be made for
11utilization of other supportive personnel under appropriate
12supervision.
13    The Department shall develop enhanced payments to offset
14the additional costs incurred by a facility serving
15exceptional need residents and shall allocate at least
16$4,000,000 of the funds collected from the assessment
17established by Section 5B-2 of this Code for such payments.
18For the purpose of this Section, "exceptional needs" means,
19but need not be limited to, ventilator care and traumatic
20brain injury care. The enhanced payments for exceptional need
21residents under this paragraph are not due and payable,
22however, until (i) the methodologies described in this
23paragraph are approved by the federal government in an
24appropriate State Plan amendment and (ii) the assessment
25imposed by Section 5B-2 of this Code is determined to be a
26permissible tax under Title XIX of the Social Security Act.

 

 

SB2017 Enrolled- 220 -LRB102 16155 CPF 22006 b