Sen. Elgie R. Sims, Jr.

Filed: 5/25/2023

 

 


 

 


 
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1
AMENDMENT TO HOUSE BILL 3817

2    AMENDMENT NO. ______. Amend House Bill 3817, AS AMENDED,
3by replacing everything after the enacting clause with the
4following:
 
5
"ARTICLE 1.

 
6    Section 1-1. Short Title. This Act may be cited as the FY
72024 Budget Implementation Act.
 
8    Section 1-5. Purpose. It is the purpose of this Act to make
9changes in State programs that are necessary to implement the
10State budget for Fiscal Year 2024.
 
11
ARTICLE 3.

 
12    Section 3-5. Short title. This Article may be cited as the
13Council of State Governments Act. As used in this Article,

 

 

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1"this Act" refers to this Article.
 
2    Section 3-10. Participation in Council of State
3Governments. The majority and minority leadership of the
4Senate and the House of Representatives, as well as members of
5appropriate legislative committees and commissions, as
6determined by such leadership, may annually attend appropriate
7meetings of the Council of State Governments as
8representatives of the General Assembly of the State of
9Illinois and may pay such annual membership fee as may be
10required to maintain membership in that organization.
 
11
ARTICLE 5.

 
12    Section 5-5. The State Employees Group Insurance Act of
131971 is amended by changing Sections 6.9 and 6.10 as follows:
 
14    (5 ILCS 375/6.9)
15    Sec. 6.9. Health benefits for community college benefit
16recipients and community college dependent beneficiaries.
17    (a) Purpose. It is the purpose of this amendatory Act of
181997 to establish a uniform program of health benefits for
19community college benefit recipients and their dependent
20beneficiaries under the administration of the Department of
21Central Management Services.
22    (b) Creation of program. Beginning July 1, 1999, the

 

 

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1Department of Central Management Services shall be responsible
2for administering a program of health benefits for community
3college benefit recipients and community college dependent
4beneficiaries under this Section. The State Universities
5Retirement System and the boards of trustees of the various
6community college districts shall cooperate with the
7Department in this endeavor.
8    (c) Eligibility. All community college benefit recipients
9and community college dependent beneficiaries shall be
10eligible to participate in the program established under this
11Section, without any interruption or delay in coverage or
12limitation as to pre-existing medical conditions. Eligibility
13to participate shall be determined by the State Universities
14Retirement System. Eligibility information shall be
15communicated to the Department of Central Management Services
16in a format acceptable to the Department.
17    Eligible community college benefit recipients may enroll
18or re-enroll in the program of health benefits established
19under this Section during any applicable annual open
20enrollment period and as otherwise permitted by the Department
21of Central Management Services. A community college benefit
22recipient shall not be deemed ineligible to participate solely
23by reason of the community college benefit recipient having
24made a previous election to disenroll or otherwise not
25participate in the program of health benefits.
26    (d) Coverage. The health benefit coverage provided under

 

 

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1this Section shall be a program of health, dental, and vision
2benefits.
3    The program of health benefits under this Section may
4include any or all of the benefit limitations, including but
5not limited to a reduction in benefits based on eligibility
6for federal Medicare benefits, that are provided under
7subsection (a) of Section 6 of this Act for other health
8benefit programs under this Act.
9    (e) Insurance rates and premiums. The Director shall
10determine the insurance rates and premiums for community
11college benefit recipients and community college dependent
12beneficiaries and shall present to the State Universities
13Retirement System, by April 15 of each calendar year, the
14rate-setting methodology (including, but not limited to,
15utilization levels and costs) used to determine the insurance
16rates and premiums. Rates and premiums may be based in part on
17age and eligibility for federal Medicare coverage. The
18Director shall also determine premiums that will allow for the
19establishment of an actuarially sound reserve for this
20program.
21    The cost of health benefits under the program shall be
22paid as follows:
23        (1) For a community college benefit recipient, up to
24    75% of the total insurance rate shall be paid from the
25    Community College Health Insurance Security Fund.
26        (2) The balance of the rate of insurance, including

 

 

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1    the entire premium for any coverage for community college
2    dependent beneficiaries that has been elected, shall be
3    paid by deductions authorized by the community college
4    benefit recipient to be withheld from his or her monthly
5    annuity or benefit payment from the State Universities
6    Retirement System; except that (i) if the balance of the
7    cost of coverage exceeds the amount of the monthly annuity
8    or benefit payment, the difference shall be paid directly
9    to the State Universities Retirement System by the
10    community college benefit recipient, and (ii) all or part
11    of the balance of the cost of coverage may, at the option
12    of the board of trustees of the community college
13    district, be paid to the State Universities Retirement
14    System by the board of the community college district from
15    which the community college benefit recipient retired. The
16    State Universities Retirement System shall promptly
17    deposit all moneys withheld by or paid to it under this
18    subdivision (e)(2) into the Community College Health
19    Insurance Security Fund. These moneys shall not be
20    considered assets of the State Universities Retirement
21    System.
22    (f) Financing. All revenues arising from the
23administration of the health benefit program established under
24this Section shall be deposited into the Community College
25Health Insurance Security Fund, which is hereby created as a
26nonappropriated trust fund to be held outside the State

 

 

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1Treasury, with the State Treasurer as custodian. Any interest
2earned on moneys in the Community College Health Insurance
3Security Fund shall be deposited into the Fund.
4    Moneys in the Community College Health Insurance Security
5Fund shall be used only to pay the costs of the health benefit
6program established under this Section, including associated
7administrative costs and the establishment of a program
8reserve. Beginning January 1, 1999, the Department of Central
9Management Services may make expenditures from the Community
10College Health Insurance Security Fund for those costs.
11    (g) Contract for benefits. The Director shall by contract,
12self-insurance, or otherwise make available the program of
13health benefits for community college benefit recipients and
14their community college dependent beneficiaries that is
15provided for in this Section. The contract or other
16arrangement for the provision of these health benefits shall
17be on terms deemed by the Director to be in the best interest
18of the State of Illinois and the community college benefit
19recipients based on, but not limited to, such criteria as
20administrative cost, service capabilities of the carrier or
21other contractor, and the costs of the benefits.
22    (h) Continuation of program. It is the intention of the
23General Assembly that the program of health benefits provided
24under this Section be maintained on an ongoing, affordable
25basis. The program of health benefits provided under this
26Section may be amended by the State and is not intended to be a

 

 

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1pension or retirement benefit subject to protection under
2Article XIII, Section 5 of the Illinois Constitution.
3    (i) Other health benefit plans. A health benefit plan
4provided by a community college district (other than a
5community college district subject to Article VII of the
6Public Community College Act) under the terms of a collective
7bargaining agreement in effect on or prior to the effective
8date of this amendatory Act of 1997 shall continue in force
9according to the terms of that agreement, unless otherwise
10mutually agreed by the parties to that agreement and the
11affected retiree. A community college benefit recipient or
12community college dependent beneficiary whose coverage under
13such a plan expires shall be eligible to begin participating
14in the program established under this Section without any
15interruption or delay in coverage or limitation as to
16pre-existing medical conditions.
17    This Act does not prohibit any community college district
18from offering additional health benefits for its retirees or
19their dependents or survivors.
20    (j) Committee. A Community College Insurance Program
21Committee shall be established and shall consist of the
22following 7 members who are appointed by the Governor: 2
23members who represent organized labor and are each members of
24different unions; one member who represents community college
25retirees; one member who represents community college
26trustees; one member who represents community college

 

 

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1presidents; one member who represents the Illinois Community
2College Board; and one ex officio member who represents the
3State Universities Retirement System. The Department of
4Central Management Services shall provide administrative
5support to the Committee. The Committee shall convene at least
64 times each year and shall review and make recommendations on
7program contribution rates once the program is forecasted to
8have satisfied the outstanding program debt existing on June
930, 2023 and is operating on a no-hold payment cycle.
10(Source: P.A. 100-1017, eff. 8-21-18.)
 
11    (5 ILCS 375/6.10)
12    Sec. 6.10. Contributions to the Community College Health
13Insurance Security Fund.
14    (a) Beginning January 1, 1999 and through June 30, 2023,
15every active contributor of the State Universities Retirement
16System (established under Article 15 of the Illinois Pension
17Code) who (1) is a full-time employee of a community college
18district (other than a community college district subject to
19Article VII of the Public Community College Act) or an
20association of community college boards and (2) is not an
21employee as defined in Section 3 of this Act shall make
22contributions toward the cost of community college annuitant
23and survivor health benefits at the rate of 0.50% of salary.
24Beginning July 1, 2023 and through June 30, 2024, the
25contribution rate shall be 0.75% of salary. Beginning July 1,

 

 

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12024 and through June 30, 2026, the contribution rate shall be
2a percentage of salary to be determined by the Department of
3Central Management Services, which in each fiscal year shall
4not exceed a 0.1 percentage point increase in the amount of
5salary actually required to be contributed for the previous
6fiscal year. Beginning July 1, 2026, the contribution rate
7shall be a percentage of salary to be determined by the
8Department of Central Management Services, which in each
9fiscal year shall not exceed 105% of the percentage of salary
10actually required to be contributed for the previous fiscal
11year.
12    These contributions shall be deducted by the employer and
13paid to the State Universities Retirement System as service
14agent for the Department of Central Management Services. The
15System may use the same processes for collecting the
16contributions required by this subsection that it uses to
17collect the contributions received from those employees under
18Section 15-157 of the Illinois Pension Code. An employer may
19agree to pick up or pay the contributions required under this
20subsection on behalf of the employee; such contributions shall
21be deemed to have been paid by the employee.
22    The State Universities Retirement System shall promptly
23deposit all moneys collected under this subsection (a) into
24the Community College Health Insurance Security Fund created
25in Section 6.9 of this Act. The moneys collected under this
26Section shall be used only for the purposes authorized in

 

 

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1Section 6.9 of this Act and shall not be considered to be
2assets of the State Universities Retirement System.
3Contributions made under this Section are not transferable to
4other pension funds or retirement systems and are not
5refundable upon termination of service.
6    (b) Beginning January 1, 1999 and through June 30, 2023,
7every community college district (other than a community
8college district subject to Article VII of the Public
9Community College Act) or association of community college
10boards that is an employer under the State Universities
11Retirement System shall contribute toward the cost of the
12community college health benefits provided under Section 6.9
13of this Act an amount equal to 0.50% of the salary paid to its
14full-time employees who participate in the State Universities
15Retirement System and are not members as defined in Section 3
16of this Act. Beginning July 1, 2023 and through June 30, 2024,
17the contribution rate shall be 0.75% of the salary. Beginning
18July 1, 2024 and through June 30, 2026, the contribution rate
19shall be a percentage of salary to be determined by the
20Department of Central Management Services, which in each
21fiscal year shall not exceed a 0.1 percentage point increase
22in the amount of salary actually required to be contributed
23for the previous fiscal year. Beginning July 1, 2026, the
24contribution rate shall be a percentage of salary to be
25determined by the Department of Central Management Services,
26which in each fiscal year shall not exceed 105% of the

 

 

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1percentage of salary actually required to be contributed for
2the previous fiscal year.
3    These contributions shall be paid by the employer to the
4State Universities Retirement System as service agent for the
5Department of Central Management Services. The System may use
6the same processes for collecting the contributions required
7by this subsection that it uses to collect the contributions
8received from those employers under Section 15-155 of the
9Illinois Pension Code.
10    The State Universities Retirement System shall promptly
11deposit all moneys collected under this subsection (b) into
12the Community College Health Insurance Security Fund created
13in Section 6.9 of this Act. The moneys collected under this
14Section shall be used only for the purposes authorized in
15Section 6.9 of this Act and shall not be considered to be
16assets of the State Universities Retirement System.
17Contributions made under this Section are not transferable to
18other pension funds or retirement systems and are not
19refundable upon termination of service.
20    The Department of Central Management Services, or any
21successor agency designated to procure healthcare contracts
22pursuant to this Act, is authorized to establish funds,
23separate accounts provided by any bank or banks as defined by
24the Illinois Banking Act, or separate accounts provided by any
25savings and loan association or associations as defined by the
26Illinois Savings and Loan Act of 1985 to be held by the

 

 

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1Director, outside the State treasury, for the purpose of
2receiving the transfer of moneys from the Community College
3Health Insurance Security Fund. The Department may promulgate
4rules further defining the methodology for the transfers. Any
5interest earned by moneys in the funds or accounts shall inure
6to the Community College Health Insurance Security Fund. The
7transferred moneys, and interest accrued thereon, shall be
8used exclusively for transfers to administrative service
9organizations or their financial institutions for payments of
10claims to claimants and providers under the self-insurance
11health plan. The transferred moneys, and interest accrued
12thereon, shall not be used for any other purpose including,
13but not limited to, reimbursement of administration fees due
14the administrative service organization pursuant to its
15contract or contracts with the Department.
16    (c) On or before November 15 of each year, the Board of
17Trustees of the State Universities Retirement System shall
18certify to the Governor, the Director of Central Management
19Services, and the State Comptroller its estimate of the total
20amount of contributions to be paid under subsection (a) of
21this Section for the next fiscal year. Beginning in fiscal
22year 2008, the amount certified shall be decreased or
23increased each year by the amount that the actual active
24employee contributions either fell short of or exceeded the
25estimate used by the Board in making the certification for the
26previous fiscal year. The State Universities Retirement System

 

 

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1shall calculate the amount of actual active employee
2contributions in fiscal years 1999 through 2005. Based upon
3this calculation, the fiscal year 2008 certification shall
4include an amount equal to the cumulative amount that the
5actual active employee contributions either fell short of or
6exceeded the estimate used by the Board in making the
7certification for those fiscal years. The certification shall
8include a detailed explanation of the methods and information
9that the Board relied upon in preparing its estimate. As soon
10as possible after the effective date of this Section, the
11Board shall submit its estimate for fiscal year 1999.
12    On or after the effective date of the changes made to this
13Section by this amendatory Act of the 103rd General Assembly,
14but no later than June 30, 2023, the Board shall recalculate
15and recertify to the Governor, the Director of Central
16Management Services, and the State Comptroller its estimate of
17the total amount of contributions to be paid under subsection
18(a) for State fiscal year 2024, taking into account the
19changes in required employee contributions made by this
20amendatory Act of the 103rd General Assembly.
21    (d) Beginning in fiscal year 1999, on the first day of each
22month, or as soon thereafter as may be practical, the State
23Treasurer and the State Comptroller shall transfer from the
24General Revenue Fund to the Community College Health Insurance
25Security Fund 1/12 of the annual amount appropriated for that
26fiscal year to the State Comptroller for deposit into the

 

 

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1Community College Health Insurance Security Fund under Section
21.4 of the State Pension Funds Continuing Appropriation Act.
3    (e) Except where otherwise specified in this Section, the
4definitions that apply to Article 15 of the Illinois Pension
5Code apply to this Section.
6(Source: P.A. 98-488, eff. 8-16-13.)
 
7    Section 5-15. The State Treasurer Act is amended by
8changing Section 16.8 as follows:
 
9    (15 ILCS 505/16.8)
10    Sec. 16.8. Illinois Higher Education Savings Program.
11    (a) Definitions. As used in this Section:
12    "Beneficiary" means an eligible child named as a recipient
13of seed funds.
14    "Eligible child" means a child born or adopted after
15December 31, 2022, to a parent who is a resident of Illinois at
16the time of the birth or adoption, as evidenced by
17documentation received by the Treasurer from the Department of
18Revenue, the Department of Public Health, or another State or
19local government agency.
20    "Eligible educational institution" means institutions that
21are described in Section 1001 of the federal Higher Education
22Act of 1965 that are eligible to participate in Department of
23Education student aid programs.
24    "Fund" means the Illinois Higher Education Savings Program

 

 

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1Fund.
2    "Omnibus account" means the pooled collection of seed
3funds owned and managed by the State Treasurer in the College
4Savings Pool under this Act.
5    "Program" means the Illinois Higher Education Savings
6Program.
7    "Qualified higher education expense" means the following:
8(i) tuition, fees, and the costs of books, supplies, and
9equipment required for enrollment or attendance at an eligible
10educational institution; (ii) expenses for special needs
11services, in the case of a special needs beneficiary, which
12are incurred in connection with such enrollment or attendance;
13(iii) certain expenses for the purchase of computer or
14peripheral equipment, computer software, or Internet access
15and related services as defined under Section 529 of the
16Internal Revenue Code; (iv) room and board expenses incurred
17while attending an eligible educational institution at least
18half-time; (v) expenses for fees, books, supplies, and
19equipment required for the participation of a designated
20beneficiary in an apprenticeship program registered and
21certified with the Secretary of Labor under the National
22Apprenticeship Act (29 U.S.C. 50); and (vi) amounts paid as
23principal or interest on any qualified education loan of the
24designated beneficiary or a sibling of the designated
25beneficiary, as allowed under Section 529 of the Internal
26Revenue Code.

 

 

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1    "Seed funds" means the deposit made by the State Treasurer
2into the Omnibus Accounts for Program beneficiaries.
3    (b) Program established. The State Treasurer shall
4establish the Illinois Higher Education Savings Program as a
5part of the College Savings Pool under Section 16.5 of this
6Act, subject to appropriation by the General Assembly. The
7State Treasurer shall administer the Program for the purposes
8of expanding access to higher education through savings.
9    (c) Program enrollment. The State Treasurer shall enroll
10all eligible children in the Program beginning in 2023, after
11receiving records of recent births, adoptions, or dependents
12from the Department of Revenue, the Department of Public
13Health, or another State or local government agency designated
14by the Treasurer. Notwithstanding any court order which would
15otherwise prevent the release of information, the Department
16of Public Health is authorized to release the information
17specified under this subsection (c) to the State Treasurer for
18the purposes of the Program established under this Section.
19        (1) Beginning in 2021, the Department of Public Health
20    shall provide the State Treasurer with information on
21    recent Illinois births and adoptions including, but not
22    limited to: the full name, residential address, birth
23    date, and birth record number of the child and the full
24    name and residential address of the child's parent or
25    legal guardian for the purpose of enrolling eligible
26    children in the Program. This data shall be provided to

 

 

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1    the State Treasurer by the Department of Public Health on
2    a quarterly basis, no later than 30 days after the end of
3    each quarter, or some other date and frequency as mutually
4    agreed to by the State Treasurer and the Department of
5    Public Health.
6        (1.5) Beginning in 2021, the Department of Revenue
7    shall provide the State Treasurer with information on tax
8    filers claiming dependents or the adoption tax credit
9    including, but not limited to: the full name, residential
10    address, email address, phone number, birth date, and
11    social security number or taxpayer identification number
12    of the dependent child and of the child's parent or legal
13    guardian for the purpose of enrolling eligible children in
14    the Program. This data shall be provided to the State
15    Treasurer by the Department of Revenue on at least an
16    annual basis, by July 1 of each year or another date
17    jointly determined by the State Treasurer and the
18    Department of Revenue. Notwithstanding anything to the
19    contrary contained within this paragraph (2), the
20    Department of Revenue shall not be required to share any
21    information that would be contrary to federal law,
22    regulation, or Internal Revenue Service Publication 1075.
23        (2) The State Treasurer shall ensure the security and
24    confidentiality of the information provided by the
25    Department of Revenue, the Department of Public Health, or
26    another State or local government agency, and it shall not

 

 

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1    be subject to release under the Freedom of Information
2    Act.
3        (3) Information provided under this Section shall only
4    be used by the State Treasurer for the Program and shall
5    not be used for any other purpose.
6        (4) The State Treasurer and any vendors working on the
7    Program shall maintain strict confidentiality of any
8    information provided under this Section, and shall
9    promptly provide written or electronic notice to the
10    providing agency of any security breach. The providing
11    State or local government agency shall remain the sole and
12    exclusive owner of information provided under this
13    Section.
14    (d) Seed funds. After receiving information on recent
15births, adoptions, or dependents from the Department of
16Revenue, the Department of Public Health, or another State or
17local government agency, the State Treasurer shall make
18deposits into an omnibus account on behalf of eligible
19children. The State Treasurer shall be the owner of the
20omnibus accounts.
21        (1) Deposit amount. The seed fund deposit for each
22    eligible child shall be in the amount of $50. This amount
23    may be increased by the State Treasurer by rule. The State
24    Treasurer may use or deposit funds appropriated by the
25    General Assembly together with moneys received as gifts,
26    grants, or contributions into the Fund. If insufficient

 

 

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1    funds are available in the Fund, the State Treasurer may
2    reduce the deposit amount or forego deposits.
3        (2) Use of seed funds. Seed funds, including any
4    interest, dividends, and other earnings accrued, will be
5    eligible for use by a beneficiary for qualified higher
6    education expenses if:
7            (A) the parent or guardian of the eligible child
8        claimed the seed funds for the beneficiary by the
9        beneficiary's 10th birthday;
10            (B) the beneficiary has completed secondary
11        education or has reached the age of 18; and
12            (C) the beneficiary is currently a resident of the
13        State of Illinois. Non-residents are not eligible to
14        claim or use seed funds.
15        (3) Notice of seed fund availability. The State
16    Treasurer shall make a good faith effort to notify
17    beneficiaries and their parents or legal guardians of the
18    seed funds' availability and the deadline to claim such
19    funds.
20        (4) Unclaimed seed funds. Seed funds and any interest
21    earnings that are unclaimed by the beneficiary's 10th
22    birthday or unused by the beneficiary's 26th birthday will
23    be considered forfeited. Unclaimed and unused seed funds
24    and any interest earnings will remain in the omnibus
25    account for future beneficiaries.
26    (e) Financial education. The State Treasurer may develop

 

 

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1educational materials that support the financial literacy of
2beneficiaries and their legal guardians, and may do so in
3collaboration with State and federal agencies, including, but
4not limited to, the Illinois State Board of Education and
5existing nonprofit agencies with expertise in financial
6literacy and education.
7    (f) Supplementary deposits and partnerships. The State
8Treasurer may make supplementary deposits to children in
9financially insecure households if sufficient funds are
10available. Furthermore, the State Treasurer may develop
11partnerships with private, nonprofit, or governmental
12organizations to provide additional savings incentives,
13including conditional cash transfers or matching contributions
14that provide a savings incentive based on specific actions
15taken or other criteria.
16    (g) Illinois Higher Education Savings Program Fund. The
17Illinois Higher Education Savings Program Fund is hereby
18established as a special fund in the State treasury. The Fund
19shall be the official repository of all contributions,
20appropriated funds, interest, and dividend payments, gifts, or
21other financial assets received by the State Treasurer in
22connection with the operation of the Program or related
23partnerships. All such moneys shall be deposited into in the
24Fund and held by the State Treasurer as custodian thereof. The
25State Treasurer may accept gifts, grants, awards, matching
26contributions, interest income, and appropriated funds from

 

 

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1individuals, businesses, governments, and other third-party
2sources to implement the Program on terms that the Treasurer
3deems advisable. All interest or other earnings accruing or
4received on amounts in the Illinois Higher Education Savings
5Program Fund shall be credited to and retained by the Fund and
6used for the benefit of the Program. Assets of the Fund must at
7all times be preserved, invested, and expended only for the
8purposes of the Program and must be held for the benefit of the
9beneficiaries. Assets may not be transferred or used by the
10State or the State Treasurer for any purposes other than the
11purposes of the Program. In addition, no moneys, interest, or
12other earnings paid into the Fund shall be used, temporarily
13or otherwise, for inter-fund borrowing or be otherwise used or
14appropriated except as expressly authorized by this Act.
15Notwithstanding the requirements of this subsection (g),
16amounts in the Fund may be used by the State Treasurer to pay
17the administrative costs of the Program.
18    (g-5) Fund deposits and payments. On July 15 of each year,
19beginning July 15, 2023, or as soon thereafter as practical,
20the State Comptroller shall direct and the State Treasurer
21shall transfer the sum of $2,500,000, or the amount that is
22appropriated annually by the General Assembly, whichever is
23greater, from the General Revenue Fund to the Illinois Higher
24Education Savings Program Fund to be used for the
25administration and operation of the Program.
26    (h) Audits and reports. The State Treasurer shall include

 

 

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1the Illinois Higher Education Savings Program as part of the
2audit of the College Savings Pool described in Section 16.5.
3The State Treasurer shall annually prepare a report that
4includes a summary of the Program operations for the preceding
5fiscal year, including the number of children enrolled in the
6Program, the total amount of seed fund deposits, the rate of
7seed deposits claimed, and, to the extent data is reported and
8available, the racial, ethnic, socioeconomic, and geographic
9data of beneficiaries and of children in financially insecure
10households who may receive automatic bonus deposits. Such
11other information that is relevant to make a full disclosure
12of the operations of the Program and Fund may also be reported.
13The report shall be made available on the Treasurer's website
14by January 31 each year, starting in January of 2024. The State
15Treasurer may include the Program in other reports as
16warranted.
17    (i) Rules. The State Treasurer may adopt rules necessary
18to implement this Section.
19(Source: P.A. 101-466, eff. 1-1-20; 102-129, eff. 7-23-21;
20102-558, eff. 8-20-21; 102-1047, eff. 1-1-23.)
 
21    Section 5-16. The Community Development Loan Guarantee Act
22is amended by changing Section 30-35 and by adding Section
2330-36 as follows:
 
24    (15 ILCS 516/30-35)

 

 

10300HB3817sam003- 23 -LRB103 30519 JDS 62537 a

1    Sec. 30-35. Limitations on funding. The State Treasurer
2may allocate use up to $10,000,000 of investment earnings each
3year for the Loan Guarantee Program, provided that no more
4than $50,000,000 may be used for guaranteeing loans at any
5given time. The State Treasurer shall make the allocation to
6the Loan Guarantee Administrative Trust Fund prior to
7allocating interest from the gross earnings of the State
8investment portfolio.
9(Source: P.A. 101-657, eff. 3-23-21.)
 
10    (15 ILCS 516/30-36 new)
11    Sec. 30-36. Loan Guarantee Administrative Trust Fund. The
12Loan Guarantee Administrative Trust Fund is created as a
13nonappropriated trust fund within the State treasury. Moneys
14in the Fund may be used by the State Treasurer to guarantee
15loans and to cover administrative expenses related to the
16Program. The Fund may receive any grants or other moneys
17designated for administrative purposes from the State, from
18any unit of federal, State, or local government, or from any
19other person, firm, partnership, or corporation.
 
20    Section 5-17. The Substance Use Disorder Act is amended by
21changing Section 5-10 as follows:
 
22    (20 ILCS 301/5-10)
23    Sec. 5-10. Functions of the Department.

 

 

10300HB3817sam003- 24 -LRB103 30519 JDS 62537 a

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

 

 

10300HB3817sam003- 25 -LRB103 30519 JDS 62537 a

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

 

 

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

 

 

10300HB3817sam003- 27 -LRB103 30519 JDS 62537 a

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

 

 

10300HB3817sam003- 28 -LRB103 30519 JDS 62537 a

1            clients and their families; and
2                (ii) develop services to deal with such
3            disorders.
4        These services may include, but shall not be limited
5        to, programs to prevent or treat substance use
6        disorders with DCFS clients and their families,
7        identifying child care needs within such treatment,
8        and assistance with other issues as required.
9            (F) Cooperate with and assist the Illinois
10        Criminal Justice Information Authority with respect to
11        statistical and other information concerning the
12        incidence and prevalence of substance use disorders.
13            (G) Cooperate with and assist the State
14        Superintendent of Education, boards of education,
15        schools, police departments, the Illinois State
16        Police, courts and other public and private agencies
17        and individuals in establishing prevention programs
18        statewide and preparing curriculum materials for use
19        at all levels of education.
20            (H) Cooperate with and assist the Illinois
21        Department of Healthcare and Family Services in the
22        development and provision of services offered to
23        recipients of public assistance for the treatment and
24        prevention of substance use disorders.
25            (I) (Blank).
26        (5) From monies appropriated to the Department from

 

 

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1    the Drunk and Drugged Driving Prevention Fund, reimburse
2    DUI evaluation and risk education programs licensed by the
3    Department for providing indigent persons with free or
4    reduced-cost evaluation and risk education services
5    relating to a charge of driving under the influence of
6    alcohol or other drugs.
7        (6) Promulgate regulations to identify and disseminate
8    best practice guidelines that can be utilized by publicly
9    and privately funded programs as well as for levels of
10    payment to government funded programs that provide
11    prevention, early intervention, treatment, and other
12    recovery support services for substance use disorders and
13    those services referenced in Sections 15-10 and 40-5.
14        (7) In consultation with providers and related trade
15    associations, specify a uniform methodology for use by
16    funded providers and the Department for billing and
17    collection and dissemination of statistical information
18    regarding services related to substance use disorders.
19        (8) Receive data and assistance from federal, State
20    and local governmental agencies, and obtain copies of
21    identification and arrest data from all federal, State and
22    local law enforcement agencies for use in carrying out the
23    purposes and functions of the Department.
24        (9) Designate and license providers to conduct
25    screening, assessment, referral and tracking of clients
26    identified by the criminal justice system as having

 

 

10300HB3817sam003- 30 -LRB103 30519 JDS 62537 a

1    indications of substance use disorders and being eligible
2    to make an election for treatment under Section 40-5 of
3    this Act, and assist in the placement of individuals who
4    are under court order to participate in treatment.
5        (10) Identify and disseminate evidence-based best
6    practice guidelines as maintained in administrative rule
7    that can be utilized to determine a substance use disorder
8    diagnosis.
9        (11) (Blank).
10        (12) Make grants with funds appropriated from the Drug
11    Treatment Fund in accordance with Section 7 of the
12    Controlled Substance and Cannabis Nuisance Act, or in
13    accordance with Section 80 of the Methamphetamine Control
14    and Community Protection Act, or in accordance with
15    subsections (h) and (i) of Section 411.2 of the Illinois
16    Controlled Substances Act, or in accordance with Section
17    6z-107 of the State Finance Act.
18        (13) Encourage all health and disability insurance
19    programs to include substance use disorder treatment as a
20    covered service and to use evidence-based best practice
21    criteria as maintained in administrative rule and as
22    required in Public Act 99-0480 in determining the
23    necessity for such services and continued stay.
24        (14) Award grants and enter into fixed-rate and
25    fee-for-service arrangements with any other department,
26    authority or commission of this State, or any other state

 

 

10300HB3817sam003- 31 -LRB103 30519 JDS 62537 a

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

 

 

10300HB3817sam003- 32 -LRB103 30519 JDS 62537 a

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

 

 

10300HB3817sam003- 33 -LRB103 30519 JDS 62537 a

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

 

 

10300HB3817sam003- 34 -LRB103 30519 JDS 62537 a

1        (15) Establish an Opioid Remediation Services Capital
2    Investment Grant Program. The Department may, subject to
3    appropriation and approval through the Opioid Overdose
4    Prevention and Recovery Steering Committee, after
5    recommendation by the Illinois Opioid Remediation Advisory
6    Board, and certification by the Office of the Attorney
7    General, make capital improvement grants to units of local
8    government and substance use prevention, treatment, and
9    recovery service providers addressing opioid remediation
10    in the State for approved abatement uses under the
11    Illinois Opioid Allocation Agreement. The Illinois Opioid
12    Remediation State Trust Fund shall be the source of
13    funding for the program. Eligible grant recipients shall
14    be units of local government and substance use prevention,
15    treatment, and recovery service providers that offer
16    facilities and services in a manner that supports and
17    meets the approved uses of the opioid settlement funds.
18    Eligible grant recipients have no entitlement to a grant
19    under this Section. The Department of Human Services may
20    consult with the Capital Development Board, the Department
21    of Commerce and Economic Opportunity, and the Illinois
22    Housing Development Authority to adopt rules to implement
23    this Section and may create a competitive application
24    procedure for grants to be awarded. The rules may specify
25    the manner of applying for grants; grantee eligibility
26    requirements; project eligibility requirements;

 

 

10300HB3817sam003- 35 -LRB103 30519 JDS 62537 a

1    restrictions on the use of grant moneys; the manner in
2    which grantees must account for the use of grant moneys;
3    and any other provision that the Department of Human
4    Services determines to be necessary or useful for the
5    administration of this Section. Rules may include a
6    requirement for grantees to provide local matching funds
7    in an amount equal to a specific percentage of the grant.
8    No portion of an opioid remediation services capital
9    investment grant awarded under this Section may be used by
10    a grantee to pay for any ongoing operational costs or
11    outstanding debt. The Department of Human Services may
12    consult with the Capital Development Board, the Department
13    of Commerce and Economic Opportunity, and the Illinois
14    Housing Development Authority in the management and
15    disbursement of funds for capital-related projects. The
16    Capital Development Board, the Department of Commerce and
17    Economic Opportunity, and the Illinois Housing Development
18    Authority shall act in a consulting role only for the
19    evaluation of applicants, scoring of applicants, or
20    administration of the grant program.
21    (c) There is created within the Department of Human
22Services an Office of Opioid Settlement Administration. The
23Office shall be responsible for implementing and administering
24approved abatement programs as described in Exhibit B of the
25Illinois Opioid Allocation Agreement, effective December 30,
262021. The Office may also implement and administer other

 

 

10300HB3817sam003- 36 -LRB103 30519 JDS 62537 a

1opioid-related programs, including but not limited to
2prevention, treatment, and recovery services from other funds
3made available to the Department of Human Services. The
4Secretary of Human Services shall appoint or assign staff as
5necessary to carry out the duties and functions of the Office.
6(Source: P.A. 101-10, eff. 6-5-19; 102-538, eff. 8-20-21;
7102-699, eff. 4-19-22.)
 
8    Section 5-20. The Department of Central Management
9Services Law of the Civil Administrative Code of Illinois is
10amended by changing Section 405-293 as follows:
 
11    (20 ILCS 405/405-293)
12    Sec. 405-293. Professional Services.
13    (a) The Department of Central Management Services (the
14"Department") is responsible for providing professional
15services for or on behalf of State agencies for all functions
16transferred to the Department by Executive Order No. 2003-10
17(as modified by Section 5.5 of the Executive Reorganization
18Implementation Act) and may, with the approval of the
19Governor, provide additional services to or on behalf of State
20agencies. To the extent not compensated by direct fund
21transfers, the Department shall be reimbursed from each State
22agency receiving the benefit of these services. The
23reimbursement shall be determined by the Director of Central
24Management Services as the amount required to reimburse the

 

 

10300HB3817sam003- 37 -LRB103 30519 JDS 62537 a

1Professional Services Fund for the Department's costs of
2rendering the professional services on behalf of that State
3agency. For purposes of this Section, funds due the Department
4for professional services may be made through appropriations
5to the Department from the General Revenue Fund, as determined
6by and provided for by the General Assembly.
7    (a-5) The Department of Central Management Services may
8provide professional services and other services as authorized
9by subsection (a) for or on behalf of other State entities with
10the approval of both the Director of Central Management
11Services and the appropriate official or governing body of the
12other State entity.
13    (b) For the purposes of this Section, "State agency" means
14each State agency, department, board, and commission directly
15responsible to the Governor. "Professional services" means
16legal services, internal audit services, and other services as
17approved by the Governor. "Other State entity" means the
18Illinois State Board of Education and the Illinois State Toll
19Highway Authority.
20(Source: P.A. 93-839, eff. 7-30-04; 94-91, eff. 7-1-05.)
 
21    Section 5-25. The Children and Family Services Act is
22amended by changing Section 25 as follows:
 
23    (20 ILCS 505/25)  (from Ch. 23, par. 5025)
24    Sec. 25. Funds Grants, gifts, or legacies; Putative Father

 

 

10300HB3817sam003- 38 -LRB103 30519 JDS 62537 a

1Registry fees.
2    (a) The DCFS Special Purposes Trust Fund is created as a
3trust fund in the State treasury. The Department is authorized
4to accept and deposit into the Fund moneys received from
5grants, gifts, or any other source, public or private, in
6support of the activities authorized by this Act or on behalf
7of any institution or program of the Department. Moneys
8received from federal sources or pursuant to Section 8.27 of
9the State Finance Act or Section 5-9-1.8 of the Unified Code of
10Corrections shall not be deposited into the Fund To accept and
11hold in behalf of the State, if for the public interest, a
12grant, gift or legacy of money or property to the State of
13Illinois, to the Department, or to any institution or program
14of the Department made in trust for the maintenance or support
15of a resident of an institution of the Department, or for any
16other legitimate purpose connected with such institution or
17program. The Department shall cause each gift, grant or legacy
18to be kept as a distinct fund, and shall invest the same in the
19manner provided by the laws of this State as the same now
20exist, or shall hereafter be enacted, relating to securities
21in which the deposit in savings banks may be invested. But the
22Department may, in its discretion, deposit in a proper trust
23company or savings bank, during the continuance of the trust,
24any fund so left in trust for the life of a person, and shall
25adopt rules and regulations governing the deposit, transfer,
26or withdrawal of such fund. The Department shall on the

 

 

10300HB3817sam003- 39 -LRB103 30519 JDS 62537 a

1expiration of any trust as provided in any instrument creating
2the same, dispose of the fund thereby created in the manner
3provided in such instrument. The Department shall include in
4its required reports a statement showing what funds are so
5held by it and the condition thereof. Monies found on
6residents at the time of their admission, or accruing to them
7during their period of institutional care, and monies
8deposited with the superintendents by relatives, guardians or
9friends of residents for the special comfort and pleasure of
10such resident, shall remain in the custody of such
11superintendents who shall act as trustees for disbursement to,
12in behalf of, or for the benefit of such resident. All types of
13retirement and pension benefits from private and public
14sources may be paid directly to the superintendent of the
15institution where the person is a resident, for deposit to the
16resident's trust fund account.
17    (b) The Department shall deposit hold all Putative Father
18Registry fees collected under Section 12.1 of the Adoption Act
19into the DCFS Special Purposes Trust Fund in a distinct fund
20for the Department's use in maintaining the Putative Father
21Registry. The Department shall invest the moneys in the fund
22in the same manner as moneys in the funds described in
23subsection (a) and shall include in its required reports a
24statement showing the condition of the fund.
25    (c) The DCFS Federal Projects Fund is created as a federal
26trust fund in the State treasury. Moneys in the DCFS Federal

 

 

10300HB3817sam003- 40 -LRB103 30519 JDS 62537 a

1Projects Fund shall be used for the specific purposes
2established by the terms and conditions of the federal grant
3or award and for other authorized expenses in accordance with
4federal requirements.
5(Source: P.A. 94-1010, eff. 10-1-06.)
 
6    Section 5-30. The Illinois Promotion Act is amended by
7changing Section 3, 4a, and 8a as follows:
 
8    (20 ILCS 665/3)  (from Ch. 127, par. 200-23)
9    Sec. 3. Definitions. The following words and terms,
10whenever used or referred to in this Act, shall have the
11following meanings, except where the context may otherwise
12require:
13    (a) "Department" means the Department of Commerce and
14Economic Opportunity of the State of Illinois.
15    (b) "Local promotion group" means any non-profit
16corporation, organization, association, agency or committee
17thereof formed for the primary purpose of publicizing,
18promoting, advertising or otherwise encouraging the
19development of tourism in any municipality, county, or region
20of Illinois.
21    (c) "Promotional activities" means preparing, planning and
22conducting campaigns of information, advertising and publicity
23through such media as newspapers, radio, television,
24magazines, trade journals, moving and still photography,

 

 

10300HB3817sam003- 41 -LRB103 30519 JDS 62537 a

1posters, outdoor signboards and personal contact within and
2without the State of Illinois; dissemination of information,
3advertising, publicity, photographs and other literature and
4material designed to carry out the purpose of this Act; and
5participation in and attendance at meetings and conventions
6concerned primarily with tourism, including travel to and from
7such meetings.
8    (d) "Municipality" means "municipality" as defined in
9Section 1-1-2 of the Illinois Municipal Code, as heretofore
10and hereafter amended.
11    (e) "Tourism" means travel 50 miles or more one-way or an
12overnight trip outside of a person's normal routine.
13    (f) "Municipal amateur sports facility" means a sports
14facility that: (1) is owned by a unit of local government; (2)
15has contiguous indoor sports competition space; (3) is
16designed to principally accommodate and host amateur
17competitions for youths, adults, or both; and (4) is not used
18for professional sporting events where participants are
19compensated for their participation.
20    (g) "Municipal convention center" means a convention
21center or civic center owned by a unit of local government or
22operated by a convention center authority, or a municipal
23convention hall as defined in paragraph (1) of Section 11-65-1
24of the Illinois Municipal Code, with contiguous exhibition
25space ranging between 30,000 and 125,000 square feet.
26    (h) "Convention center authority" means an Authority, as

 

 

10300HB3817sam003- 42 -LRB103 30519 JDS 62537 a

1defined by the Civic Center Code, that operates a municipal
2convention center with contiguous exhibition space ranging
3between 30,000 and 125,000 square feet.
4    (i) "Incentive" means: (1) a financial incentive provided
5by a unit of local government, a local promotion group, a
6not-for-profit organization, a for-profit organization, or a
7convention center authority to attract a convention, meeting,
8or trade show held at a municipal convention center that, but
9for the incentive, would not have occurred in the State or been
10retained in the State; or (2) a financial incentive provided
11by a unit of local government, a local promotion group, a
12not-for-profit organization, a for-profit organization, or a
13convention center authority for attracting a sporting event
14held at its municipal amateur sports facility that, but for
15the incentive, would not have occurred in the State or been
16retained in the State; but (3) only a financial incentive
17offered or provided to a person or entity in the form of
18financial benefits or costs which are allowable costs pursuant
19to the Grant Accountability and Transparency Act.
20    (j) "Unit of local government" has the meaning provided in
21Section 1 of Article VII of the Illinois Constitution.
22    (k) "Local parks" means any park, recreation area, or
23other similar facility owned or operated by a unit of local
24government.
25(Source: P.A. 101-10, eff. 6-5-19; 102-287, eff. 8-6-21.)
 

 

 

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1    (20 ILCS 665/4a)  (from Ch. 127, par. 200-24a)
2    Sec. 4a. Funds.
3    (1) All moneys deposited into in the Tourism Promotion
4Fund pursuant to this subsection are allocated to the
5Department for utilization, as appropriated, in the
6performance of its powers under Section 4; except that during
7fiscal year 2013, the Department shall reserve $9,800,000 of
8the total funds available for appropriation in the Tourism
9Promotion Fund for appropriation to the Historic Preservation
10Agency for the operation of the Abraham Lincoln Presidential
11Library and Museum and State historic sites; and except that
12beginning in fiscal year 2019, moneys in the Tourism Promotion
13Fund may also be allocated to the Illinois Department of
14Agriculture, the Illinois Department of Natural Resources, and
15the Abraham Lincoln Presidential Library and Museum for
16utilization, as appropriated, to administer their
17responsibilities as State agencies promoting tourism in
18Illinois, and for tourism-related purposes.
19    As soon as possible after the first day of each month,
20beginning July 1, 1997 and ending on the effective date of this
21amendatory Act of the 100th General Assembly, upon
22certification of the Department of Revenue, the Comptroller
23shall order transferred and the Treasurer shall transfer from
24the General Revenue Fund to the Tourism Promotion Fund an
25amount equal to 13% of the net revenue realized from the Hotel
26Operators' Occupation Tax Act plus an amount equal to 13% of

 

 

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1the net revenue realized from any tax imposed under Section
24.05 of the Chicago World's Fair-1992 Authority Act during the
3preceding month. "Net revenue realized for a month" means the
4revenue collected by the State under that Act during the
5previous month less the amount paid out during that same month
6as refunds to taxpayers for overpayment of liability under
7that Act.
8    (1.1) (Blank).
9    (2) (Blank). As soon as possible after the first day of
10each month, beginning July 1, 1997 and ending on the effective
11date of this amendatory Act of the 100th General Assembly,
12upon certification of the Department of Revenue, the
13Comptroller shall order transferred and the Treasurer shall
14transfer from the General Revenue Fund to the Tourism
15Promotion Fund an amount equal to 8% of the net revenue
16realized from the Hotel Operators' Occupation Tax plus an
17amount equal to 8% of the net revenue realized from any tax
18imposed under Section 4.05 of the Chicago World's Fair-1992
19Authority Act during the preceding month. "Net revenue
20realized for a month" means the revenue collected by the State
21under that Act during the previous month less the amount paid
22out during that same month as refunds to taxpayers for
23overpayment of liability under that Act.
24    All monies deposited in the Tourism Promotion Fund under
25this subsection (2) shall be used solely as provided in this
26subsection to advertise and promote tourism throughout

 

 

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1Illinois. Appropriations of monies deposited in the Tourism
2Promotion Fund pursuant to this subsection (2) shall be used
3solely for advertising to promote tourism, including but not
4limited to advertising production and direct advertisement
5costs, but shall not be used to employ any additional staff,
6finance any individual event, or lease, rent or purchase any
7physical facilities. The Department shall coordinate its
8advertising under this subsection (2) with other public and
9private entities in the State engaged in similar promotion
10activities. Print or electronic media production made pursuant
11to this subsection (2) for advertising promotion shall not
12contain or include the physical appearance of or reference to
13the name or position of any public officer. "Public officer"
14means a person who is elected to office pursuant to statute, or
15who is appointed to an office which is established, and the
16qualifications and duties of which are prescribed, by statute,
17to discharge a public duty for the State or any of its
18political subdivisions.
19    (3) (Blank). Notwithstanding anything in this Section to
20the contrary, amounts transferred from the General Revenue
21Fund to the Tourism Promotion Fund pursuant to this Section
22shall not exceed $26,300,000 in State fiscal year 2012.
23    (4) (Blank). As soon as possible after the first day of
24each month, beginning July 1, 2017 and ending June 30, 2018, if
25the amount of revenue deposited into the Tourism Promotion
26Fund under subsection (c) of Section 6 of the Hotel Operators'

 

 

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1Occupation Tax Act is less than 21% of the net revenue realized
2from the Hotel Operators' Occupation Tax during the preceding
3month, then, upon certification of the Department of Revenue,
4the State Comptroller shall direct and the State Treasurer
5shall transfer from the General Revenue Fund to the Tourism
6Promotion Fund an amount equal to the difference between 21%
7of the net revenue realized from the Hotel Operators'
8Occupation Tax during the preceding month and the amount of
9revenue deposited into the Tourism Promotion Fund under
10subsection (c) of Section 6 of the Hotel Operators' Occupation
11Tax Act.
12    (5) As soon as possible after the first day of each month,
13beginning July 1, 2018, if the amount of revenue deposited
14into the Tourism Promotion Fund under Section 6 of the Hotel
15Operators' Occupation Tax Act is less than 21% of the net
16revenue realized from the Hotel Operators' Occupation Tax
17during the preceding month, then, upon certification of the
18Department of Revenue, the State Comptroller shall direct and
19the State Treasurer shall transfer from the General Revenue
20Fund to the Tourism Promotion Fund an amount equal to the
21difference between 21% of the net revenue realized from the
22Hotel Operators' Occupation Tax during the preceding month and
23the amount of revenue deposited into the Tourism Promotion
24Fund under Section 6 of the Hotel Operators' Occupation Tax
25Act.
26    (6) In addition to any other transfers that may be

 

 

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1provided for by law, on the effective date of the changes made
2to this Section by this amendatory Act of the 103rd General
3Assembly, or as soon thereafter as practical, but no later
4than June 30, 2023, the State Comptroller shall direct and the
5State Treasurer shall transfer from the Tourism Promotion Fund
6into the designated funds the following amounts:
7        International Tourism Fund..............$2,274,267.36
8        Chicago Travel Industry Promotion Fund..$4,396,916.95
9        Local Tourism Fund......................$7,367,503.22
10(Source: P.A. 100-23, eff. 7-6-17; 100-587, eff. 6-4-18.)
 
11    (20 ILCS 665/8a)  (from Ch. 127, par. 200-28a)
12    Sec. 8a. Tourism grants and loans.
13    (1) The Department is authorized to make grants and loans,
14subject to appropriations by the General Assembly for this
15purpose from the Tourism Promotion Fund, to counties,
16municipalities, other units of local government, local
17promotion groups, not-for-profit organizations, or for-profit
18businesses for the development or improvement of tourism
19attractions in Illinois. Individual grants and loans shall not
20exceed $1,000,000 and shall not exceed 50% of the entire
21amount of the actual expenditures for the development or
22improvement of a tourist attraction. Agreements for loans made
23by the Department pursuant to this subsection may contain
24provisions regarding term, interest rate, security as may be
25required by the Department and any other provisions the

 

 

10300HB3817sam003- 48 -LRB103 30519 JDS 62537 a

1Department may require to protect the State's interest.
2    (2) From appropriations to the Department from the State
3CURE fund for this purpose, the Department shall establish
4Tourism Attraction grants for purposes outlined in subsection
5(1). Grants under this subsection shall not exceed $1,000,000
6but may exceed 50% of the entire amount of the actual
7expenditure for the development or improvement of a tourist
8attraction, including, but not limited to, festivals.
9Expenditures of such funds shall be in accordance with the
10permitted purposes under Section 9901 of the American Rescue
11Plan Act of 2021 and all related federal guidance.
12    (3) Subject to appropriation, the Department is authorized
13to issue competitive grants with initial terms of up to 5 years
14for the purpose of administering an incentive program that
15will attract or retain conventions, meetings, sporting events,
16and trade shows in Illinois with the goal of increasing
17business or leisure travel.
18(Source: P.A. 102-16, eff. 6-17-21; 102-287, eff. 8-6-21;
19102-813, eff. 5-13-22.)
 
20    Section 5-31. The Department of Human Services Act is
21amended by adding Section 1-85 as follows:
 
22    (20 ILCS 1305/1-85 new)
23    Sec. 1-85. Home Illinois Program. Subject to
24appropriation, the Department of Human Services shall

 

 

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1establish the Home Illinois Program. The Home Illinois Program
2shall focus on preventing and ending homelessness in Illinois
3and may include, but not be limited to, homeless prevention,
4emergency and transitional housing, rapid rehousing, outreach,
5capital investment, and related services and supports for
6individuals at risk or experiencing homelessness. The
7Department may establish program eligibility criteria and
8other program requirements by rule. The Department of Human
9Services may consult with the Capital Development Board, the
10Department of Commerce and Economic Opportunity, and the
11Illinois Housing Development Authority in the management and
12disbursement of funds for capital related projects. The
13Capital Development Board, the Department of Commerce and
14Economic Opportunity, and the Illinois Housing Development
15Authority shall act in a consulting role only for the
16evaluation of applicants, scoring of applicants, or
17administration of the grant program.
 
18    Section 5-32. The Department of Innovation and Technology
19Act is amended by adding Section 1-16 as follows:
 
20    (20 ILCS 1370/1-16 new)
21    Sec. 1-16. Personnel. The Governor may, with the advice
22and consent of the Senate, appoint a person within the
23Department to serve as the Deputy Secretary. The Deputy
24Secretary shall receive an annual salary as set by the

 

 

10300HB3817sam003- 50 -LRB103 30519 JDS 62537 a

1Governor and shall be paid out of appropriations to the
2Department. The Deputy Secretary shall not be subject to the
3Personnel Code. The duties of the Deputy Secretary shall
4include the coordination of the State's digital modernization
5and other duties as assigned by the Secretary.
 
6    Section 5-33. The Disabilities Services Act of 2003 is
7amended by changing Sections 51, 52, and 53 as follows:
 
8    (20 ILCS 2407/51)
9    Sec. 51. Legislative intent. It is the intent of the
10General Assembly to promote the civil rights of persons with
11disabilities by providing community-based service for persons
12with disabilities when such services are determined
13appropriate and desired, as required by Title II of the
14Americans with Disabilities Act under the United States
15Supreme Court's decision in Olmstead v. L.C., 527 U.S. 581
16(1999). In accordance with Section 6071 of the Deficit
17Reduction Act of 2005 (P.L. 109-171), as amended by the
18federal Consolidated Appropriations Act, 2021 (P.L. 116-260),
19the purpose of this Act is (i) to identify and reduce barriers
20or mechanisms, whether in State law, the State Medicaid Plan,
21the State budget, or otherwise, that prevent or restrict the
22flexible use of public funds to enable individuals with
23disabilities to receive support for appropriate and necessary
24long-term care services in settings of their choice; (ii) to

 

 

10300HB3817sam003- 51 -LRB103 30519 JDS 62537 a

1increase the use of home and community-based long-term care
2services, rather than institutions or long-term care
3facilities; (iii) to increase the ability of the State
4Medicaid program to assure continued provision of home and
5community-based long-term care services to eligible
6individuals who choose to transition from an institution or a
7long-term care facility to a community setting; and (iv) to
8ensure that procedures are in place that are at least
9comparable to those required under the qualified home and
10community-based program to provide quality assurance for
11eligible individuals receiving Medicaid home and
12community-based long-term care services and to provide for
13continuous quality improvement in such services. Utilizing the
14framework created by the "Money Follows the Person"
15demonstration project, approval received by the State on May
1614, 2007, and any subsequently enacted "Money Follows the
17Person" demonstration project or initiative terms and
18conditions, the purpose of this Act is to codify and reinforce
19the State's commitment to promote individual choice and
20control and increase utilization of home and community-based
21services through:
22        (a) Increased ability of the State Medicaid program to
23    ensure continued provision of home and community-based
24    long-term care services to eligible individuals who choose
25    to transition from an institution to a community setting.
26        (b) Assessment and removal of barriers to community

 

 

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1    reintegration, including development of a comprehensive
2    housing strategy.
3        (c) Expand availability of consumer self-directed
4    service options.
5        (d) Increased use of home and community-based
6    long-term care services, rather than institutions or
7    long-term care facilities, such that the percentage of the
8    State long-term care budget expended for community-based
9    services increases from its current 28.5% to at least 37%
10    in the next 5 years.
11        (e) Creation and implementation of interagency
12    agreements or budgetary mechanisms to allow for the
13    flexible movement of allocated dollars from institutional
14    budget appropriations to appropriations supporting home
15    and community-based services or Medicaid State Plan
16    options.
17        (f) Creation of an equitable, clinically sound and
18    cost-effective system for identification and review of
19    community transition candidates across all long-term care
20    systems; including improvement of prescreening, assessment
21    for rapid reintegration and targeted review of longer stay
22    residents, training and outreach education for providers
23    and consumers on community alternatives across all
24    long-term care systems.
25        (g) Development and implementation of data and
26    information systems to track individuals across service

 

 

10300HB3817sam003- 53 -LRB103 30519 JDS 62537 a

1    systems and funding streams; support responsive
2    eligibility determination; facilitate placement and care
3    decisions; identify individuals with potential for
4    transition; and drive planning for the development of
5    community-based alternatives.
6        (h) Establishment of procedures that are at least
7    comparable to those required under the qualified home and
8    community-based program to provide quality assurance for
9    eligible individuals receiving Medicaid home and
10    community-based long-term care services and to provide for
11    continuous quality improvement in such services.
12        (i) Nothing in this amendatory Act of the 95th General
13    Assembly shall diminish or restrict the choice of an
14    individual to reside in an institution or the quality of
15    care they receive.
16(Source: P.A. 95-438, eff. 1-1-08.)
 
17    (20 ILCS 2407/52)
18    Sec. 52. Applicability; definitions. In accordance with
19Section 6071 of the Deficit Reduction Act of 2005 (P.L.
20109-171), as used in this Article:
21    "Departments". The term "Departments" means for the
22purposes of this Act, the Department of Human Services, the
23Department on Aging, Department of Healthcare and Family
24Services and Department of Public Health, unless otherwise
25noted.

 

 

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1    "Home and community-based long-term care services". The
2term "home and community-based long-term care services" means,
3with respect to the State Medicaid program, a service aid, or
4benefit, home and community-based services, including, but not
5limited to, home health and personal care services, that are
6provided to a person with a disability, and are voluntarily
7accepted, as part of his or her long-term care that: (i) is
8provided under the State's qualified home and community-based
9program or that could be provided under such a program but is
10otherwise provided under the Medicaid program; (ii) is
11delivered in a qualified residence; and (iii) is necessary for
12the person with a disability to live in the community.
13    "ID/DD community care facility". The term "ID/DD community
14care facility", for the purposes of this Article, means a
15skilled nursing or intermediate long-term care facility
16subject to licensure by the Department of Public Health under
17the ID/DD Community Care Act or the MC/DD Act, an intermediate
18care facility for persons with developmental disabilities
19(ICF-DDs), and a State-operated developmental center or mental
20health center, whether publicly or privately owned.
21    "Money Follows the Person" Demonstration. Enacted by the
22Deficit Reduction Act of 2005, as amended by the federal
23Consolidated Appropriations Act, 2021 (P.L. 116-260), the
24Money Follows the Person (MFP) Rebalancing Demonstration is
25part of a comprehensive, coordinated strategy to assist
26states, in collaboration with stakeholders, to make widespread

 

 

10300HB3817sam003- 55 -LRB103 30519 JDS 62537 a

1changes to their long-term care support systems. This
2initiative will assist states in their efforts to reduce their
3reliance on institutional care while developing
4community-based long-term care opportunities, enabling the
5elderly and people with disabilities to fully participate in
6their communities.
7    "Public funds" mean any funds appropriated by the General
8Assembly to the Departments of Human Services, on Aging, of
9Healthcare and Family Services and of Public Health for
10settings and services as defined in this Article.
11    "Qualified residence". The term "qualified residence"
12means, with respect to an eligible individual: (i) a home
13owned or leased by the individual or the individual's
14authorized representative (as defined by P.L. 109-171); (ii)
15an apartment with an individual lease, with lockable access
16and egress, and which includes living, sleeping, bathing, and
17cooking areas over which the individual or the individual's
18family has domain and control; or (iii) a residence, in a
19community-based residential setting, in which no more than 4
20unrelated individuals reside. Where qualified residences are
21not sufficient to meet the demand of eligible individuals,
22time-limited exceptions to this definition may be developed
23through administrative rule.
24    "Self-directed services". The term "self-directed
25services" means, with respect to home and community-based
26long-term services for an eligible individual, those services

 

 

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1for the individual that are planned and purchased under the
2direction and control of the individual or the individual's
3authorized representative, including the amount, duration,
4scope, provider, and location of such services, under the
5State Medicaid program consistent with the following
6requirements:
7        (a) Assessment: there is an assessment of the needs,
8    capabilities, and preference of the individual with
9    respect to such services.
10        (b) Individual service care or treatment plan: based
11    on the assessment, there is development jointly with such
12    individual or individual's authorized representative, a
13    plan for such services for the individual that (i)
14    specifies those services, if any, that the individual or
15    the individual's authorized representative would be
16    responsible for directing; (ii) identifies the methods by
17    which the individual or the individual's authorized
18    representative or an agency designated by an individual or
19    representative will select, manage, and dismiss providers
20    of such services.
21(Source: P.A. 99-143, eff. 7-27-15; 99-180, eff. 7-29-15;
2299-642, eff. 7-28-16.)
 
23    (20 ILCS 2407/53)
24    Sec. 53. Rebalancing benchmarks.
25    (a) Illinois' long-term care system is in a state of

 

 

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1transformation, as evidenced by the creation and subsequent
2work products of the Disability Services Advisory Committee,
3Older Adult Services Advisory Committee, Housing Task Force
4and other executive and legislative branch initiatives.
5    (b) Illinois' Money Follows the Person demonstrations or
6initiatives capitalize demonstration approval capitalizes on
7this progress and commit commits the State to transition
8approximately 3,357 older persons and persons with
9developmental, physical, or psychiatric disabilities from
10institutional to home and community-based settings, as
11appropriate resulting in an increased percentage of long-term
12care community spending over the next 5 years.
13    (c) (Blank). The State will endeavor to increase the
14percentage of community-based long-term care spending over the
15next 5 years according to the following timeline:
16        Estimated baseline: 28.5%
17        Year 1: 30%
18        Year 2: 31%
19        Year 3: 32%
20        Year 4: 35%
21        Year 5: 37%
22    (d) The Departments will utilize interagency agreements
23and will seek legislative authority to implement a Money
24Follows the Person budgetary mechanism to allocate or
25reallocate funds for the purpose of expanding the
26availability, quality or stability of home and community-based

 

 

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1long-term care services and supports for persons with
2disabilities.
3    (e) The allocation of public funds for home and
4community-based long-term care services shall not have the
5effect of: (i) diminishing or reducing the quality of services
6available to residents of long-term care facilities; (ii)
7forcing any residents of long-term care facilities to
8involuntarily accept home and community-based long-term care
9services, or causing any residents of long-term care
10facilities to be involuntarily transferred or discharged;
11(iii) causing reductions in long-term care facility
12reimbursement rates in effect as of July 1, 2008; or (iv)
13diminishing access to a full array of long-term care options.
14(Source: P.A. 95-438, eff. 1-1-08.)
 
15    Section 5-35. The Illinois State Police Law of the Civil
16Administrative Code of Illinois is amended by changing Section
172605-407 as follows:
 
18    (20 ILCS 2605/2605-407)
19    Sec. 2605-407. Illinois State Police Federal Projects
20Fund.
21    (a) The Illinois State Police Federal Projects Fund is
22established as a federal trust fund in the State treasury.
23This federal Trust Fund is established to receive funds
24awarded to the Illinois State Police from the following: (i)

 

 

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1all federal departments and agencies for the specific purposes
2established by the terms and conditions of the federal awards
3and (ii) federal pass-through grants from State departments
4and agencies for the specific purposes established by the
5terms and conditions of the grant agreements. Any interest
6earnings that are attributable to moneys in the federal trust
7fund must be deposited into the Fund.
8    (b) In addition to any other transfers that may be
9provided for by law, on July 1, 2023, or as soon thereafter as
10practical, the State Comptroller shall direct and the State
11Treasurer shall transfer the sum of $2,000,000 from the State
12Police Services Fund to the Illinois State Police Federal
13Projects Fund.
14(Source: P.A. 102-538, eff. 8-20-21.)
 
15    Section 5-40. The State Fire Marshal Act is amended by
16adding Section 2.8 as follows:
 
17    (20 ILCS 2905/2.8 new)
18    Sec. 2.8. Fire Station Rehabilitation and Construction
19Grant Program. The Office shall establish and administer a
20Fire Station Rehabilitation and Construction Grant Program to
21award grants to units of local government for the
22rehabilitation or construction of fire stations. The Office
23shall adopt any rules necessary for the implementation and
24administration of this Section.
 

 

 

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1    Section 5-45. The Governor's Office of Management and
2Budget Act is amended by adding Section 2.13 as follows:
 
3    (20 ILCS 3005/2.13 new)
4    Sec. 2.13. Appropriations; Railsplitter Tobacco Settlement
5Authority Bonds. Subject to appropriation, the Office may make
6payments from the Tobacco Settlement Recovery Fund to the
7trustee of those bonds issued by the Railsplitter Tobacco
8Settlement Authority with which the Authority has executed a
9bond indenture pursuant to the terms of the Railsplitter
10Tobacco Settlement Authority Act for the purpose of defeasing
11outstanding bonds of the Authority.
 
12    Section 5-47. The Illinois Emergency Management Agency Act
13is amended by adding Section 17.8 as follows:
 
14    (20 ILCS 3305/17.8 new)
15    Sec. 17.8. IEMA State Projects Fund. The IEMA State
16Projects Fund is created as a trust fund in the State treasury.
17The Fund shall consist of any moneys appropriated to the
18Agency for purposes of the Illinois' Not-For-Profit Security
19Grant Program, a grant program authorized by subsection (g-5)
20of Section 5 of this Act, to provide funding support for target
21hardening activities and other physical security enhancements
22for qualifying not-for-profit organizations that are at high

 

 

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1risk of terrorist attack. The Agency is authorized to use
2moneys appropriated from the Fund to make grants to
3not-for-profit organizations for target hardening activities,
4security personnel, and physical security enhancements and for
5the payment of administrative expenses associated with the
6Not-For-Profit Security Grant Program. As used in this
7Section, "target hardening activities" include, but are not
8limited to, the purchase and installation of security
9equipment on real property owned or leased by the
10not-for-profit organization. Grants, gifts, and moneys from
11any other source, public or private, may also be deposited
12into the Fund and used for the purposes authorized by this Act.
 
13    Section 5-50. The State Finance Act is amended by changing
14Sections 5.62, 5.366, 5.581, 5.765, 5.857, 6, 6z-27, 6z-32,
156z-35, 6z-43, 6z-100, 6z-121, 6z-126, 8.3, 8.12, 8g-1, 13.2,
16and 25 and by adding Sections 5.990, 5e-1, and 5h.6 as follows:
 
17    (30 ILCS 105/5.62)  (from Ch. 127, par. 141.62)
18    Sec. 5.62. The Working Capital Revolving Fund. This
19Section is repealed on January 1, 2024.
20(Source: Laws 1919, p. 946.)
 
21    (30 ILCS 105/5.366)
22    Sec. 5.366. The Live and Learn Fund. This Section is
23repealed on January 1, 2024.

 

 

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1(Source: P.A. 88-78; 88-670, eff. 12-2-94.)
 
2    (30 ILCS 105/5.581)
3    Sec. 5.581. The Professional Sports Teams Education Fund.
4This Section is repealed on January 1, 2024.
5(Source: P.A. 95-331, eff. 8-21-07.)
 
6    (30 ILCS 105/5.765)
7    Sec. 5.765. The Soil and Water Conservation District Fund.
8This Section is repealed on January 1, 2024.
9(Source: P.A. 96-1377, eff. 1-1-11; 97-333, eff. 8-12-11.)
 
10    (30 ILCS 105/5.857)
11    (Section scheduled to be repealed on July 1, 2023)
12    Sec. 5.857. The Capital Development Board Revolving Fund.
13This Section is repealed July 1, 2025 2023.
14(Source: P.A. 101-10, eff. 6-5-19; 101-645, eff. 6-26-20;
15102-16, eff. 6-17-21; 102-699, eff. 4-19-22.)
 
16    (30 ILCS 105/5.990 new)
17    Sec. 5.990. The Imagination Library of Illinois Fund.
 
18    (30 ILCS 105/5e-1 new)
19    Sec. 5e-1. Transfers from Road Fund. In addition to any
20other transfers that may be provided for by law, on July 1,
212023, or as soon thereafter as practical, the State

 

 

10300HB3817sam003- 63 -LRB103 30519 JDS 62537 a

1Comptroller shall direct and the State Treasurer shall
2transfer the sum of $10,000,000 from the Road Fund to the
3Federal Mass Transit Trust Fund. This Section is repealed on
4January 1, 2025.
 
5    (30 ILCS 105/5h.6 new)
6    Sec. 5h.6. Cash flow borrowing and health insurance funds
7liquidity.
8    (a) To meet cash flow deficits and to maintain liquidity
9in the Community College Health Insurance Security Fund, the
10State Treasurer and the State Comptroller, as directed by the
11Governor, shall make transfers, on and after July 1, 2023 and
12through June 30, 2024, to the Community College Health
13Insurance Security Fund out of the Health Insurance Reserve
14Fund, to the extent allowed by federal law.
15    The outstanding total transfers made from the Health
16Insurance Reserve Fund to the Community College Health
17Insurance Security Fund under this Section shall, at no time,
18exceed $50,000,000. Once the amount of $50,000,000 has been
19transferred from the Health Insurance Reserve Fund to the
20Community College Health Insurance Security Fund, additional
21transfers may be made from the Health Insurance Reserve Fund
22to the Community College Health Insurance Security Fund under
23this Section only to the extent that moneys have first been
24retransferred from the Community College Health Insurance
25Security Fund to the Health Insurance Reserve Fund.

 

 

10300HB3817sam003- 64 -LRB103 30519 JDS 62537 a

1    (b) If moneys have been transferred to the Community
2College Health Insurance Security Fund pursuant to subsection
3(a) of this Section, this amendatory Act of the 103rd General
4Assembly shall constitute the continuing authority for and
5direction to the State Treasurer and State Comptroller to
6reimburse the Health Insurance Reserve Fund from the Community
7College Health Insurance Security Fund by transferring to the
8Health Insurance Reserve Fund, at such times and in such
9amounts as directed by the Comptroller when necessary to
10support appropriated expenditures from the Health Insurance
11Reserve Fund, an amount equal to that transferred from the
12Health Insurance Reserve Fund, except that any moneys
13transferred pursuant to subsection (a) of this Section shall
14be repaid to the fund of origin within 108 months after the
15date on which they were borrowed. The continuing authority for
16reimbursement provided for in this subsection (b) shall expire
1796 months after the date of the last transfer made pursuant to
18subsection (a) of this Section, or June 30, 2032, whichever is
19sooner.
20    (c) Beginning July 31, 2024, and every July 31 thereafter
21until all moneys borrowed pursuant to this Section have been
22repaid, the Comptroller shall annually report on every
23transfer made pursuant to this Section. The report shall
24identify the amount of each transfer, including the date and
25the end-of-day balance of the Health Insurance Reserve Fund
26and the Community College Health Insurance Security Fund on

 

 

10300HB3817sam003- 65 -LRB103 30519 JDS 62537 a

1the date each transfer was made, and the status of all funds
2transferred under this Section for the previous fiscal year.
3All reports under this Section shall be provided in an
4electronic format to the Commission on Government Forecasting
5and Accountability and to the Governor's Office of Management
6and Budget.
 
7    (30 ILCS 105/6)  (from Ch. 127, par. 142)
8    Sec. 6. The gross or total proceeds, receipts and income
9of all lands leased by the Department of Corrections and of all
10industrial operations at the several State institutions and
11divisions under the direction and supervision of the
12Department of Corrections shall be covered into the State
13treasury into a state trust fund to be known as the "The
14Working Capital Revolving Fund". "Industrial operations", as
15herein used, means and includes the operation of those State
16institutions producing, by the use of materials, supplies and
17labor, goods, or wares or merchandise to be sold. On July 1,
182023, or as soon thereafter as practical, the State
19Comptroller shall direct and the State Treasurer shall
20transfer the remaining balance from the Working Capital
21Revolving Fund into the General Revenue Fund. Upon completion
22of the transfer, the Working Capital Revolving Fund is
23dissolved, and any future deposits due to that Fund and any
24outstanding obligations or liabilities of that Fund shall pass
25to the General Revenue Fund.

 

 

10300HB3817sam003- 66 -LRB103 30519 JDS 62537 a

1(Source: P.A. 90-372, eff. 7-1-98.)
 
2    (30 ILCS 105/6z-27)
3    Sec. 6z-27. All moneys in the Audit Expense Fund shall be
4transferred, appropriated and used only for the purposes
5authorized by, and subject to the limitations and conditions
6prescribed by, the Illinois State Auditing Act.
7    Within 30 days after July 1, 2023 2022, or as soon
8thereafter as practical, the State Comptroller shall order
9transferred and the State Treasurer shall transfer from the
10following funds moneys in the specified amounts for deposit
11into the Audit Expense Fund:
12African-American HIV/AIDS Response Fund................$1,421
13Agricultural Premium Fund............................$122,719
14Alzheimer's Awareness Fund.............................$1,499
15Alzheimer's Disease Research, Care, and Support Fund.....$662
16Amusement Ride and Patron Safety Fund..................$6,315
17Assisted Living and Shared Housing Regulatory Fund.....$2,564
18Capital Development Board Revolving Fund..............$15,118
19Care Provider Fund for Persons with a Developmental
20    Disability........................................$15,392
21Carolyn Adams Ticket For The Cure Grant Fund.............$927
22CDLIS/AAMVANET/NMVTIS Trust Fund (Commercial
23    Driver's License Information
24    System/American Association of
25    Motor Vehicle Administrators

 

 

10300HB3817sam003- 67 -LRB103 30519 JDS 62537 a

1    network/National Motor Vehicle
2    Title Information Service Trust Fund)..............$5,236
3Chicago Police Memorial Foundation Fund..................$708
4Chicago State University Education Improvement Fund...$13,666
5Child Labor and Day and Temporary Labor
6    Services Enforcement Fund.........................$11,991
7Child Support Administrative Fund......................$5,287
8Clean Air Act Permit Fund..............................$1,556
9Coal Technology Development Assistance Fund............$6,936
10Common School Fund...................................$343,892
11Community Mental Health Medicaid Trust Fund...........$14,084
12Corporate Franchise Tax Refund Fund....................$1,096
13DCFS Children's Services Fund..........................$8,766
14Death Certificate Surcharge Fund.......................$2,060
15Death Penalty Abolition Fund...........................$2,448
16Department of Business Services Special
17    Operations Fund...................................$13,889
18Department of Human Services Community Services Fund...$7,970
19Downstate Public Transportation Fund..................$11,631
20Dram Shop Fund.......................................$142,500
21Driver Services Administration Fund....................$1,873
22Drug Rebate Fund......................................$42,473
23Drug Treatment Fund....................................$1,767
24Education Assistance Fund..........................$2,031,292
25Emergency Public Health Fund...........................$5,162
26Environmental Protection Permit and Inspection Fund....$1,447

 

 

10300HB3817sam003- 68 -LRB103 30519 JDS 62537 a

1Estate Tax Refund Fund...................................$852
2Facilities Management Revolving Fund..................$50,148
3Facility Licensing Fund................................$5,522
4Fair and Exposition Fund...............................$4,248
5Feed Control Fund......................................$7,709
6Fertilizer Control Fund................................$6,849
7Fire Prevention Fund...................................$3,859
8Fund for the Advancement of Education.................$24,772
9General Assembly Operations Revolving Fund.............$1,146
10General Professions Dedicated Fund.....................$4,039
11General Revenue Fund..............................$17,653,153
12Governor's Administrative Fund.........................$2,832
13Governor's Grant Fund.................................$17,709
14Grade Crossing Protection Fund...........................$930
15Grant Accountability and Transparency Fund...............$805
16Guardianship and Advocacy Fund........................$14,843
17Hazardous Waste Fund.....................................$835
18Health Facility Plan Review Fund.......................$1,776
19Health and Human Services Medicaid Trust Fund..........$6,554
20Healthcare Provider Relief Fund......................$407,107
21Healthy Smiles Fund......................................$738
22Home Care Services Agency Licensure Fund...............$3,101
23Hospital Licensure Fund................................$1,688
24Hospital Provider Fund...............................$138,829
25ICCB Federal Trust Fund................................$9,968
26ICJIA Violence Prevention Fund...........................$932

 

 

10300HB3817sam003- 69 -LRB103 30519 JDS 62537 a

1Illinois Affordable Housing Trust Fund................$17,236
2Illinois Clean Water Fund..............................$2,152
3Illinois Health Facilities Planning Fund...............$3,094
4IMSA Income Fund......................................$12,417
5Illinois Power Agency Operations Fund.................$62,583
6Illinois School Asbestos Abatement Fund..................$784
7Illinois State Fair Fund..............................$29,752
8Illinois State Police Memorial Park Fund.................$681
9Illinois Telecommunications Access Corporation Fund....$1,668
10Illinois Underground Utility Facilities
11    Damage Prevention Fund.............................$4,276
12Illinois Veterans' Rehabilitation Fund.................$5,943
13Illinois Workers' Compensation Commission
14    Operations Fund..................................$243,187
15Income Tax Refund Fund................................$54,420
16Lead Poisoning Screening, Prevention, and
17    Abatement Fund....................................$16,379
18Live and Learn Fund...................................$25,492
19Lobbyist Registration Administration Fund..............$1,471
20Local Government Distributive Fund....................$44,025
21Long Term Care Monitor/Receiver Fund..................$42,016
22Long-Term Care Provider Fund..........................$13,537
23Low-Level Radioactive Waste Facility Development
24    and Operation Fund...................................$618
25Mandatory Arbitration Fund.............................$2,104
26Medical Special Purposes Trust Fund......................$786

 

 

10300HB3817sam003- 70 -LRB103 30519 JDS 62537 a

1Mental Health Fund.....................................$9,376
2Mental Health Reporting Fund...........................$1,443
3Metabolic Screening and Treatment Fund................$32,049
4Monitoring Device Driving Permit Administration
5    Fee Fund...........................................$1,616
6Motor Fuel Tax Fund...................................$36,238
7Motor Vehicle License Plate Fund......................$17,694
8Multiple Sclerosis Research Fund.........................$758
9Nuclear Safety Emergency Preparedness Fund............$26,117
10Nursing Dedicated and Professional Fund................$2,420
11Open Space Lands Acquisition and Development Fund........$658
12Partners For Conservation Fund........................$89,847
13Pension Stabilization Fund.............................$1,031
14Personal Property Tax Replacement Fund...............$290,755
15Pesticide Control Fund................................$30,513
16Plumbing Licensure and Program Fund....................$6,276
17Police Memorial Committee Fund...........................$813
18Professional Services Fund............................$72,029
19Public Health Laboratory Services Revolving Fund.......$5,816
20Public Transportation Fund............................$46,826
21Public Utility Fund..................................$198,423
22Radiation Protection Fund.............................$11,034
23Renewable Energy Resources Trust Fund..................$7,834
24Road Fund............................................$226,150
25Regional Transportation Authority Occupation
26    and Use Tax Replacement Fund.......................$1,167

 

 

10300HB3817sam003- 71 -LRB103 30519 JDS 62537 a

1School Infrastructure Fund.............................$7,749
2Secretary of State DUI Administration Fund.............$2,694
3Secretary of State Identification Security
4    and Theft Prevention Fund.........................$12,676
5Secretary of State Police Services Fund..................$717
6Secretary of State Special License Plate Fund..........$4,203
7Secretary of State Special Services Fund..............$34,491
8Securities Audit and Enforcement Fund..................$8,198
9Solid Waste Management Fund............................$1,613
10Special Olympics Illinois and Special
11    Children's Charities Fund............................$852
12Special Education Medicaid Matching Fund...............$5,131
13Sports Wagering Fund...................................$4,450
14State and Local Sales Tax Reform Fund..................$2,361
15State Construction Account Fund.......................$37,865
16State Gaming Fund.....................................$94,435
17State Garage Revolving Fund............................$8,977
18State Lottery Fund...................................$340,323
19State Pensions Fund..................................$500,000
20State Treasurer's Bank Services Trust Fund.............$1,295
21Supreme Court Special Purposes Fund....................$1,722
22Tattoo and Body Piercing Establishment
23    Registration Fund....................................$950
24Tax Compliance and Administration Fund.................$1,483
25Technology Management Revolving Fund.................$186,193
26Tobacco Settlement Recovery Fund......................$29,864

 

 

10300HB3817sam003- 72 -LRB103 30519 JDS 62537 a

1Tourism Promotion Fund................................$50,155
2Transportation Regulatory Fund........................$78,256
3Trauma Center Fund.....................................$1,960
4Underground Storage Tank Fund..........................$3,630
5University of Illinois Hospital Services Fund..........$6,712
6Vehicle Hijacking and Motor Vehicle
7    Theft Prevention and Insurance
8    Verification Trust Fund...........................$10,970
9Vehicle Inspection Fund................................$5,069
10Weights and Measures Fund.............................$22,129
11Youth Alcoholism and Substance Abuse Prevention Fund.....$526
12Attorney General Court Ordered and Voluntary Compliance
13    Payment Projects Fund.............................$38,974
14Attorney General Sex Offender Awareness,
15    Training, and Education Fund.........................$539
16Aggregate Operations Regulatory Fund.....................$711
17Agricultural Premium Fund.............................$25,265
18Attorney General's State Projects and Court
19    Ordered Distribution Fund.........................$43,667
20Anna Veterans Home Fund...............................$15,792
21Appraisal Administration Fund..........................$4,017
22Attorney General Whistleblower Reward
23    and Protection Fund...............................$22,896
24Bank and Trust Company Fund...........................$78,017
25Cannabis Expungement Fund..............................$4,501
26Capital Development Board Revolving Fund...............$2,494

 

 

10300HB3817sam003- 73 -LRB103 30519 JDS 62537 a

1Care Provider Fund for Persons with
2    a Developmental Disability.........................$5,707
3CDLIS/AAMVAnet/NMVTIS Trust Fund.......................$1,702
4Cemetery Oversight Licensing and Disciplinary Fund.....$5,002
5Chicago State University Education
6    Improvement Fund..................................$16,218
7Child Support Administrative Fund......................$2,657
8Clean Air Act Permit Fund.............................$10,108
9Coal Technology Development Assistance Fund...........$12,943
10Commitment to Human Services Fund....................$111,465
11Common School Fund...................................$445,997
12Community Mental Health Medicaid Trust Fund............$9,599
13Community Water Supply Laboratory Fund...................$637
14Credit Union Fund.....................................$16,048
15DCFS Children's Services Fund........................$287,247
16Department of Business Services
17    Special Operations Fund............................$4,402
18Department of Corrections Reimbursement
19    and Education Fund................................$60,429
20Design Professionals Administration
21    and Investigation Fund.............................$3,362
22Department of Human Services Community Services Fund...$5,239
23Downstate Public Transportation Fund..................$30,625
24Driver Services Administration Fund......................$639
25Drivers Education Fund.................................$1,202
26Drug Rebate Fund......................................$22,702

 

 

10300HB3817sam003- 74 -LRB103 30519 JDS 62537 a

1Drug Treatment Fund......................................$571
2Drycleaner Environmental Response Trust Fund.............$846
3Education Assistance Fund..........................$1,969,661
4Environmental Protection Permit and
5    Inspection Fund....................................$7,079
6Facilities Management Revolving Fund..................$16,163
7Federal High Speed Rail Trust Fund.....................$1,264
8Federal Workforce Training Fund.......................$91,791
9Feed Control Fund......................................$1,701
10Fertilizer Control Fund................................$1,791
11Fire Prevention Fund...................................$3,507
12Firearm Dealer License Certification Fund................$648
13Fund for the Advancement of Education.................$44,609
14General Professions Dedicated Fund....................$31,353
15General Revenue Fund..............................$17,663,958
16Grade Crossing Protection Fund.........................$1,856
17Hazardous Waste Fund...................................$8,446
18Health and Human Services Medicaid Trust Fund..........$6,134
19Healthcare Provider Relief Fund......................$185,164
20Horse Racing Fund....................................$169,632
21Hospital Provider Fund................................$63,346
22ICCB Federal Trust Fund..............................$10,805
23Illinois Affordable Housing Trust Fund.................$5,414
24Illinois Charity Bureau Fund...........................$3,298
25Illinois Clean Water Fund.............................$11,951
26Illinois Forestry Development Fund....................$11,004

 

 

10300HB3817sam003- 75 -LRB103 30519 JDS 62537 a

1Illinois Gaming Law Enforcement Fund...................$1,869
2IMSA Income Fund.......................................$2,188
3Illinois Military Family Relief Fund...................$6,986
4Illinois Power Agency Operations Fund.................$41,229
5Illinois State Dental Disciplinary Fund................$6,127
6Illinois State Fair Fund.................................$660
7Illinois State Medical Disciplinary Fund..............$23,384
8Illinois State Pharmacy Disciplinary Fund.............$10,308
9Illinois Veterans Assistance Fund......................$2,016
10Illinois Veterans' Rehabilitation Fund...................$862
11Illinois Wildlife Preservation Fund....................$1,742
12Illinois Workers' Compensation Commission
13    Operations Fund....................................$4,476
14Income Tax Refund Fund...............................$239,691
15Insurance Financial Regulation Fund..................$104,462
16Insurance Premium Tax Refund Fund.....................$23,121
17Insurance Producer Administration Fund...............$104,566
18International Tourism Fund.............................$1,985
19LaSalle Veterans Home Fund............................$46,145
20LEADS Maintenance Fund...................................$681
21Live and Learn Fund....................................$8,120
22Local Government Distributive Fund...................$154,289
23Long-Term Care Provider Fund...........................$6,468
24Manteno Veterans Home Fund............................$93,493
25Mental Health Fund....................................$12,227
26Mental Health Reporting Fund.............................$611

 

 

10300HB3817sam003- 76 -LRB103 30519 JDS 62537 a

1Monitoring Device Driving Permit
2    Administration Fee Fund..............................$617
3Motor Carrier Safety Inspection Fund...................$1,823
4Motor Fuel Tax Fund..................................$103,497
5Motor Vehicle License Plate Fund.......................$5,656
6Motor Vehicle Theft Prevention and Insurance
7    Verification Trust Fund............................$2,618
8Nursing Dedicated and Professional Fund...............$11,973
9Off-Highway Vehicle Trails Fund........................$1,994
10Open Space Lands Acquisition and Development Fund.....$45,493
11Optometric Licensing and Disciplinary Board Fund.......$1,169
12Partners For Conservation Fund........................$19,950
13Pawnbroker Regulation Fund.............................$1,053
14Personal Property Tax Replacement Fund...............$203,036
15Pesticide Control Fund.................................$6,845
16Professional Services Fund.............................$2,778
17Professions Indirect Cost Fund.......................$172,106
18Public Pension Regulation Fund.........................$6,919
19Public Transportation Fund............................$77,303
20Quincy Veterans Home Fund.............................$91,704
21Real Estate License Administration Fund...............$33,329
22Registered Certified Public Accountants'
23    Administration and Disciplinary Fund...............$3,617
24Renewable Energy Resources Trust Fund..................$1,591
25Rental Housing Support Program Fund....................$1,539
26Residential Finance Regulatory Fund...................$20,510

 

 

10300HB3817sam003- 77 -LRB103 30519 JDS 62537 a

1Road Fund............................................$399,062
2Regional Transportation Authority Occupation and
3    Use Tax Replacement Fund...........................$5,205
4Salmon Fund..............................................$655
5School Infrastructure Fund............................$14,015
6Secretary of State DUI Administration Fund.............$1,025
7Secretary of State Identification Security
8    and Theft Prevention Fund..........................$4,502
9Secretary of State Special License Plate Fund..........$1,384
10Secretary of State Special Services Fund...............$8,114
11Securities Audit and Enforcement Fund..................$2,824
12State Small Business Credit Initiative Fund............$4,331
13Solid Waste Management Fund...........................$10,397
14Special Education Medicaid Matching Fund...............$2,924
15Sports Wagering Fund...................................$8,572
16State Police Law Enforcement Administration Fund.......$6,822
17State and Local Sales Tax Reform Fund.................$10,355
18State Asset Forfeiture Fund............................$1,740
19State Aviation Program Fund..............................$557
20State Construction Account Fund......................$195,722
21State Crime Laboratory Fund............................$7,743
22State Gaming Fund....................................$204,660
23State Garage Revolving Fund............................$3,731
24State Lottery Fund...................................$129,814
25State Offender DNA Identification System Fund..........$1,405
26State Pensions Fund..................................$500,000

 

 

10300HB3817sam003- 78 -LRB103 30519 JDS 62537 a

1State Police Firearm Services Fund....................$16,122
2State Police Services Fund............................$21,151
3State Police Vehicle Fund..............................$3,013
4State Police Whistleblower Reward
5    and Protection Fund................................$2,452
6Subtitle D Management Fund.............................$1,431
7Supplemental Low-Income Energy Assistance Fund........$68,591
8Tax Compliance and Administration Fund.................$5,259
9Technology Management Revolving Fund.................$244,294
10Tobacco Settlement Recovery Fund.......................$4,653
11Tourism Promotion Fund................................$35,322
12Traffic and Criminal Conviction Surcharge Fund.......$136,332
13Underground Storage Tank Fund.........................$20,429
14University of Illinois Hospital Services Fund..........$3,664
15Vehicle Inspection Fund...............................$11,203
16Violent Crime Victims Assistance Fund.................$14,202
17Weights and Measures Fund..............................$6,127
18Working Capital Revolving Fund........................$18,120
19    Notwithstanding any provision of the law to the contrary,
20the General Assembly hereby authorizes the use of such funds
21for the purposes set forth in this Section.
22    These provisions do not apply to funds classified by the
23Comptroller as federal trust funds or State trust funds. The
24Audit Expense Fund may receive transfers from those trust
25funds only as directed herein, except where prohibited by the
26terms of the trust fund agreement. The Auditor General shall

 

 

10300HB3817sam003- 79 -LRB103 30519 JDS 62537 a

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

 

 

10300HB3817sam003- 80 -LRB103 30519 JDS 62537 a

1    Beginning with fiscal year 1994 and during each fiscal
2year thereafter, the Auditor General may direct the State
3Comptroller and Treasurer to transfer moneys from funds
4authorized by the General Assembly for that fund. In the event
5funds, including federal and State trust funds but excluding
6the General Revenue Fund, are transferred, during fiscal year
71994 and during each fiscal year thereafter, in excess of the
8amount to pay actual costs attributable to audits, studies,
9and investigations as permitted or required by the Illinois
10State Auditing Act or specific action of the General Assembly,
11the Auditor General shall, on September 30, or as soon
12thereafter as is practicable, direct the State Comptroller and
13Treasurer to transfer the excess amount back to the fund from
14which it was originally transferred.
15(Source: P.A. 101-10, eff. 6-5-19; 101-636, eff. 6-10-20;
16102-16, eff. 6-17-21; 102-699, eff. 4-19-22.)
 
17    (30 ILCS 105/6z-32)
18    Sec. 6z-32. Partners for Planning and Conservation.
19    (a) The Partners for Conservation Fund (formerly known as
20the Conservation 2000 Fund) and the Partners for Conservation
21Projects Fund (formerly known as the Conservation 2000
22Projects Fund) are created as special funds in the State
23Treasury. These funds shall be used to establish a
24comprehensive program to protect Illinois' natural resources
25through cooperative partnerships between State government and

 

 

10300HB3817sam003- 81 -LRB103 30519 JDS 62537 a

1public and private landowners. Moneys in these Funds may be
2used, subject to appropriation, by the Department of Natural
3Resources, Environmental Protection Agency, and the Department
4of Agriculture for purposes relating to natural resource
5protection, planning, recreation, tourism, climate resilience,
6and compatible agricultural and economic development
7activities. Without limiting these general purposes, moneys in
8these Funds may be used, subject to appropriation, for the
9following specific purposes:
10        (1) To foster sustainable agriculture practices and
11    control soil erosion, sedimentation, and nutrient loss
12    from farmland, including grants to Soil and Water
13    Conservation Districts for conservation practice
14    cost-share grants and for personnel, educational, and
15    administrative expenses.
16        (2) To establish and protect a system of ecosystems in
17    public and private ownership through conservation
18    easements, incentives to public and private landowners,
19    natural resource restoration and preservation, water
20    quality protection and improvement, land use and watershed
21    planning, technical assistance and grants, and land
22    acquisition provided these mechanisms are all voluntary on
23    the part of the landowner and do not involve the use of
24    eminent domain.
25        (3) To develop a systematic and long-term program to
26    effectively measure and monitor natural resources and

 

 

10300HB3817sam003- 82 -LRB103 30519 JDS 62537 a

1    ecological conditions through investments in technology
2    and involvement of scientific experts.
3        (4) To initiate strategies to enhance, use, and
4    maintain Illinois' inland lakes through education,
5    technical assistance, research, and financial incentives.
6        (5) To partner with private landowners and with units
7    of State, federal, and local government and with
8    not-for-profit organizations in order to integrate State
9    and federal programs with Illinois' natural resource
10    protection and restoration efforts and to meet
11    requirements to obtain federal and other funds for
12    conservation or protection of natural resources.
13        (6) To implement the State's Nutrient Loss Reduction
14    Strategy, including, but not limited to, funding the
15    resources needed to support the Strategy's Policy Working
16    Group, cover water quality monitoring in support of
17    Strategy implementation, prepare a biennial report on the
18    progress made on the Strategy every 2 years, and provide
19    cost share funding for nutrient capture projects.
20        (7) To provide capacity grants to support soil and
21    water conservation districts, including, but not limited
22    to, developing soil health plans, conducting soil health
23    assessments, peer-to-peer training, convening
24    producer-led dialogues, professional development and
25    travel stipends for meetings and educational events.
26    (b) The State Comptroller and State Treasurer shall

 

 

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1automatically transfer on the last day of each month,
2beginning on September 30, 1995 and ending on June 30, 2024
32023, from the General Revenue Fund to the Partners for
4Conservation Fund, an amount equal to 1/10 of the amount set
5forth below in fiscal year 1996 and an amount equal to 1/12 of
6the amount set forth below in each of the other specified
7fiscal years:
8Fiscal Year Amount
91996$ 3,500,000
101997$ 9,000,000
111998$10,000,000
121999$11,000,000
132000$12,500,000
142001 through 2004$14,000,000
152005 $7,000,000
162006 $11,000,000
172007 $0
182008 through 2011 $14,000,000
192012 $12,200,000
202013 through 2017 $14,000,000
212018 $1,500,000
222019 $14,000,000
232020 $7,500,000
242021 through 2023 $14,000,000
252024 $18,000,000
26    (c) The State Comptroller and State Treasurer shall

 

 

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1automatically transfer on the last day of each month beginning
2on July 31, 2021 and ending June 30, 2022, from the
3Environmental Protection Permit and Inspection Fund to the
4Partners for Conservation Fund, an amount equal to 1/12 of
5$4,135,000.
6    (c-1) The State Comptroller and State Treasurer shall
7automatically transfer on the last day of each month beginning
8on July 31, 2022 and ending June 30, 2023, from the
9Environmental Protection Permit and Inspection Fund to the
10Partners for Conservation Fund, an amount equal to 1/12 of
11$5,900,000.
12    (d) There shall be deposited into the Partners for
13Conservation Projects Fund such bond proceeds and other moneys
14as may, from time to time, be provided by law.
15(Source: P.A. 101-10, eff. 6-5-19; 102-16, eff. 6-17-21;
16102-699, eff. 4-19-22.)
 
17    (30 ILCS 105/6z-35)
18    Sec. 6z-35. There is hereby created in the State Treasury
19a special fund to be known as the Live and Learn Fund. The
20Comptroller and the Treasurer shall transfer $1,742,000 from
21the General Revenue Fund into the Live and Learn Fund each
22month. The first transfer shall be made 60 days after the
23effective date of this amendatory Act of 1993, with subsequent
24transfers occurring on the first of each month. Moneys
25deposited into the Fund may, subject to appropriation, be used

 

 

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1by the Secretary of State for any or all of the following
2purposes:
3        (a) An organ donation awareness or education program.
4        (b) To provide additional funds for all types of
5    library grants as authorized and administered by the
6    Secretary of State as State Librarian.
7    On July 1, 2023, any future deposits due to the Live and
8Learn Fund and any outstanding obligations or liabilities of
9that Fund shall pass to the General Revenue Fund. On November
101, 2023, or as soon thereafter as practical, the State
11Comptroller shall direct and the State Treasurer shall
12transfer the remaining balance from the Live and Learn Fund
13into the Secretary of State Special Services Fund. This
14Section is repealed on January 1, 2024.
15(Source: P.A. 88-78.)
 
16    (30 ILCS 105/6z-43)
17    Sec. 6z-43. Tobacco Settlement Recovery Fund.
18    (a) There is created in the State Treasury a special fund
19to be known as the Tobacco Settlement Recovery Fund, which
20shall contain 3 accounts: (i) the General Account, (ii) the
21Tobacco Settlement Bond Proceeds Account and (iii) the Tobacco
22Settlement Residual Account. There shall be deposited into the
23several accounts of the Tobacco Settlement Recovery Fund and
24the Attorney General Tobacco Fund all monies paid to the State
25pursuant to (1) the Master Settlement Agreement entered in the

 

 

10300HB3817sam003- 86 -LRB103 30519 JDS 62537 a

1case of People of the State of Illinois v. Philip Morris, et
2al. (Circuit Court of Cook County, No. 96-L13146) and (2) any
3settlement with or judgment against any tobacco product
4manufacturer other than one participating in the Master
5Settlement Agreement in satisfaction of any released claim as
6defined in the Master Settlement Agreement, as well as any
7other monies as provided by law. Moneys shall be deposited
8into the Tobacco Settlement Bond Proceeds Account and the
9Tobacco Settlement Residual Account as provided by the terms
10of the Railsplitter Tobacco Settlement Authority Act, provided
11that an annual amount not less than $2,500,000, subject to
12appropriation, shall be deposited into the Attorney General
13Tobacco Fund for use only by the Attorney General's office.
14The scheduled $2,500,000 deposit into the Tobacco Settlement
15Residual Account for fiscal year 2011 should be transferred to
16the Attorney General Tobacco Fund in fiscal year 2012 as soon
17as this fund has been established. All other moneys available
18to be deposited into the Tobacco Settlement Recovery Fund
19shall be deposited into the General Account. An investment
20made from moneys credited to a specific account constitutes
21part of that account and such account shall be credited with
22all income from the investment of such moneys. The Treasurer
23may invest the moneys in the several accounts of the Fund in
24the same manner, in the same types of investments, and subject
25to the same limitations provided in the Illinois Pension Code
26for the investment of pension funds other than those

 

 

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1established under Article 3 or 4 of the Code. Notwithstanding
2the foregoing, to the extent necessary to preserve the
3tax-exempt status of any bonds issued pursuant to the
4Railsplitter Tobacco Settlement Authority Act, the interest on
5which is intended to be excludable from the gross income of the
6owners for federal income tax purposes, moneys on deposit in
7the Tobacco Settlement Bond Proceeds Account and the Tobacco
8Settlement Residual Account may be invested in obligations the
9interest upon which is tax-exempt under the provisions of
10Section 103 of the Internal Revenue Code of 1986, as now or
11hereafter amended, or any successor code or provision.
12    (b) Moneys on deposit in the Tobacco Settlement Bond
13Proceeds Account and the Tobacco Settlement Residual Account
14may be expended, subject to appropriation, for the purposes
15authorized in subsection (g) of Section 3-6 of the
16Railsplitter Tobacco Settlement Authority Act.
17    (b-5) Moneys on deposit in the Tobacco Settlement Recovery
18Fund may be expended, subject to appropriation, for payments
19pursuant to Section 2.13 of the Governor's Office of
20Management and Budget Act.
21    (c) As soon as may be practical after June 30, 2001, upon
22notification from and at the direction of the Governor, the
23State Comptroller shall direct and the State Treasurer shall
24transfer the unencumbered balance in the Tobacco Settlement
25Recovery Fund as of June 30, 2001, as determined by the
26Governor, into the Budget Stabilization Fund. The Treasurer

 

 

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1may invest the moneys in the Budget Stabilization Fund in the
2same manner, in the same types of investments, and subject to
3the same limitations provided in the Illinois Pension Code for
4the investment of pension funds other than those established
5under Article 3 or 4 of the Code.
6    (d) All federal financial participation moneys received
7pursuant to expenditures from the Fund shall be deposited into
8the General Account.
9(Source: P.A. 99-78, eff. 7-20-15.)
 
10    (30 ILCS 105/6z-100)
11    (Section scheduled to be repealed on July 1, 2023)
12    Sec. 6z-100. Capital Development Board Revolving Fund;
13payments into and use. All monies received by the Capital
14Development Board for publications or copies issued by the
15Board, and all monies received for contract administration
16fees, charges, or reimbursements owing to the Board shall be
17deposited into a special fund known as the Capital Development
18Board Revolving Fund, which is hereby created in the State
19treasury. The monies in this Fund shall be used by the Capital
20Development Board, as appropriated, for expenditures for
21personal services, retirement, social security, contractual
22services, legal services, travel, commodities, printing,
23equipment, electronic data processing, or telecommunications.
24For fiscal year 2021 and thereafter, the monies in this Fund
25may also be appropriated to and used by the Executive Ethics

 

 

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1Commission for oversight and administration of the Chief
2Procurement Officer appointed under paragraph (1) of
3subsection (a) of Section 10-20 of the Illinois Procurement
4Code. Unexpended moneys in the Fund shall not be transferred
5or allocated by the Comptroller or Treasurer to any other
6fund, nor shall the Governor authorize the transfer or
7allocation of those moneys to any other fund. This Section is
8repealed July 1, 2025 2023.
9(Source: P.A. 101-10, eff. 6-5-19; 101-636, eff. 6-10-20;
10101-645, eff. 6-26-20; 102-16, eff. 6-17-21; 102-699, eff.
114-19-22.)
 
12    (30 ILCS 105/6z-121)
13    Sec. 6z-121. State Coronavirus Urgent Remediation
14Emergency Fund.
15    (a) The State Coronavirus Urgent Remediation Emergency
16(State CURE) Fund is created as a federal trust fund within the
17State treasury. The State CURE Fund shall be held separate and
18apart from all other funds in the State treasury. The State
19CURE Fund is established: (1) to receive, directly or
20indirectly, federal funds from the Coronavirus Relief Fund in
21accordance with Section 5001 of the federal Coronavirus Aid,
22Relief, and Economic Security (CARES) Act, the Coronavirus
23State Fiscal Recovery Fund in accordance with Section 9901 of
24the American Rescue Plan Act of 2021, or from any other federal
25fund pursuant to any other provision of the American Rescue

 

 

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1Plan Act of 2021 or any other federal law; and (2) to provide
2for the transfer, distribution and expenditure of such federal
3funds as permitted in the federal Coronavirus Aid, Relief, and
4Economic Security (CARES) Act, the American Rescue Plan Act of
52021, and related federal guidance or any other federal law,
6and as authorized by this Section.
7    (b) Federal funds received by the State from the
8Coronavirus Relief Fund in accordance with Section 5001 of the
9federal Coronavirus Aid, Relief, and Economic Security (CARES)
10Act, the Coronavirus State Fiscal Recovery Fund in accordance
11with Section 9901 of the American Rescue Plan Act of 2021, or
12any other federal funds received pursuant to the American
13Rescue Plan Act of 2021 or any other federal law, may be
14deposited, directly or indirectly, into the State CURE Fund.
15    (c) Funds in the State CURE Fund may be expended, subject
16to appropriation, directly for purposes permitted under the
17federal law and related federal guidance governing the use of
18such funds, which may include without limitation purposes
19permitted in Section 5001 of the CARES Act and Sections 3201,
203206, and 9901 of the American Rescue Plan Act of 2021, or as
21otherwise provided by law and consistent with appropriations
22of the General Assembly. All federal funds received into the
23State CURE Fund from the Coronavirus Relief Fund, the
24Coronavirus State Fiscal Recovery Fund, or any other source
25under the American Rescue Plan Act of 2021, may be
26transferred, expended, or returned by the Illinois Emergency

 

 

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

 

 

10300HB3817sam003- 92 -LRB103 30519 JDS 62537 a

1reimbursement under Section 5001 of the federal Coronavirus
2Aid, Relief, and Economic Security (CARES) Act, the relevant
3provisions of the American Rescue Plan Act of 2021, or any
4related federal guidance.
5    (d) Once the General Assembly has enacted appropriations
6from the State CURE Fund, the expenditure of funds from the
7State CURE Fund shall be subject to appropriation by the
8General Assembly, and shall be administered by the Illinois
9Emergency Management Agency at the direction of the Governor.
10The Illinois Emergency Management Agency, and other agencies
11as named in appropriations, shall transfer, distribute or
12expend the funds. The State Comptroller shall direct and the
13State Treasurer shall transfer funds in the State CURE Fund to
14other funds in the State treasury as reimbursement for
15expenditures made from such other funds if the expenditures
16are eligible for federal reimbursement under Section 5001 of
17the federal Coronavirus Aid, Relief, and Economic Security
18(CARES) Act, the relevant provisions of the American Rescue
19Plan Act of 2021, or any related federal guidance, as directed
20in writing by the Governor. Additional funds that may be
21received from the federal government from legislation enacted
22in response to the impact of Coronavirus Disease 2019,
23including fiscal stabilization payments that replace revenues
24lost due to Coronavirus Disease 2019, The State Comptroller
25may direct and the State Treasurer shall transfer in the
26manner authorized or required by any related federal guidance,

 

 

10300HB3817sam003- 93 -LRB103 30519 JDS 62537 a

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

 

 

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1    (h) In addition to any other transfers that may be
2provided for by law, at the direction of the Governor, the
3State Comptroller shall direct and the State Treasurer shall
4transfer the sum of $45,180,000 from the State CURE Fund to the
5Local Tourism Fund.
6(Source: P.A. 101-636, eff. 6-10-20; 102-16, eff. 6-17-21;
7102-699, eff. 4-19-22.)
 
8    (30 ILCS 105/6z-126)
9    Sec. 6z-126. Law Enforcement Training Fund. The Law
10Enforcement Training Fund is hereby created as a special fund
11in the State treasury. Moneys in the Fund shall consist of: (i)
1290% of the revenue from increasing the insurance producer
13license fees, as provided under subsection (a-5) of Section
14500-135 of the Illinois Insurance Code; and (ii) 90% of the
15moneys collected from auto insurance policy fees under Section
168.6 of the Illinois Vehicle Hijacking and Motor Vehicle Theft
17Prevention and Insurance Verification Act. This Fund shall be
18used by the Illinois Law Enforcement Training Standards Board
19for the following purposes: (i) to fund law enforcement
20certification compliance; (ii) for and the development and
21provision of basic courses by Board-approved academics, and
22in-service courses by approved academies; and (iii) for the
23ordinary and contingent expenses of the Illinois Law
24Enforcement Training Standards Board.
25(Source: P.A. 102-16, eff. 6-17-21; 102-904, eff. 1-1-23;

 

 

10300HB3817sam003- 95 -LRB103 30519 JDS 62537 a

1102-1071, eff. 6-10-22; revised 12-13-22.)
 
2    (30 ILCS 105/8.3)  (from Ch. 127, par. 144.3)
3    Sec. 8.3. Money in the Road Fund shall, if and when the
4State of Illinois incurs any bonded indebtedness for the
5construction of permanent highways, be set aside and used for
6the purpose of paying and discharging annually the principal
7and interest on that bonded indebtedness then due and payable,
8and for no other purpose. The surplus, if any, in the Road Fund
9after the payment of principal and interest on that bonded
10indebtedness then annually due shall be used as follows:
11        first -- to pay the cost of administration of Chapters
12    2 through 10 of the Illinois Vehicle Code, except the cost
13    of administration of Articles I and II of Chapter 3 of that
14    Code, and to pay the costs of the Executive Ethics
15    Commission for oversight and administration of the Chief
16    Procurement Officer appointed under paragraph (2) of
17    subsection (a) of Section 10-20 of the Illinois
18    Procurement Code for transportation; and
19        secondly -- for expenses of the Department of
20    Transportation for construction, reconstruction,
21    improvement, repair, maintenance, operation, and
22    administration of highways in accordance with the
23    provisions of laws relating thereto, or for any purpose
24    related or incident to and connected therewith, including
25    the separation of grades of those highways with railroads

 

 

10300HB3817sam003- 96 -LRB103 30519 JDS 62537 a

1    and with highways and including the payment of awards made
2    by the Illinois Workers' Compensation Commission under the
3    terms of the Workers' Compensation Act or Workers'
4    Occupational Diseases Act for injury or death of an
5    employee of the Division of Highways in the Department of
6    Transportation; or for the acquisition of land and the
7    erection of buildings for highway purposes, including the
8    acquisition of highway right-of-way or for investigations
9    to determine the reasonably anticipated future highway
10    needs; or for making of surveys, plans, specifications and
11    estimates for and in the construction and maintenance of
12    flight strips and of highways necessary to provide access
13    to military and naval reservations, to defense industries
14    and defense-industry sites, and to the sources of raw
15    materials and for replacing existing highways and highway
16    connections shut off from general public use at military
17    and naval reservations and defense-industry sites, or for
18    the purchase of right-of-way, except that the State shall
19    be reimbursed in full for any expense incurred in building
20    the flight strips; or for the operating and maintaining of
21    highway garages; or for patrolling and policing the public
22    highways and conserving the peace; or for the operating
23    expenses of the Department relating to the administration
24    of public transportation programs; or, during fiscal year
25    2022, for the purposes of a grant not to exceed $8,394,800
26    to the Regional Transportation Authority on behalf of PACE

 

 

10300HB3817sam003- 97 -LRB103 30519 JDS 62537 a

1    for the purpose of ADA/Para-transit expenses; or, during
2    fiscal year 2023, for the purposes of a grant not to exceed
3    $8,394,800 to the Regional Transportation Authority on
4    behalf of PACE for the purpose of ADA/Para-transit
5    expenses; or, during fiscal year 2024, for the purposes of
6    a grant not to exceed $9,108,400 to the Regional
7    Transportation Authority on behalf of PACE for the purpose
8    of ADA/Para-transit expenses; or for any of those purposes
9    or any other purpose that may be provided by law.
10    Appropriations for any of those purposes are payable from
11the Road Fund. Appropriations may also be made from the Road
12Fund for the administrative expenses of any State agency that
13are related to motor vehicles or arise from the use of motor
14vehicles.
15    Beginning with fiscal year 1980 and thereafter, no Road
16Fund monies shall be appropriated to the following Departments
17or agencies of State government for administration, grants, or
18operations; but this limitation is not a restriction upon
19appropriating for those purposes any Road Fund monies that are
20eligible for federal reimbursement:
21        1. Department of Public Health;
22        2. Department of Transportation, only with respect to
23    subsidies for one-half fare Student Transportation and
24    Reduced Fare for Elderly, except fiscal year 2022 when no
25    more than $17,570,000 may be expended and except fiscal
26    year 2023 when no more than $17,570,000 may be expended

 

 

10300HB3817sam003- 98 -LRB103 30519 JDS 62537 a

1    and except fiscal year 2024 when no more than $19,063,500
2    may be expended;
3        3. Department of Central Management Services, except
4    for expenditures incurred for group insurance premiums of
5    appropriate personnel;
6        4. Judicial Systems and Agencies.
7    Beginning with fiscal year 1981 and thereafter, no Road
8Fund monies shall be appropriated to the following Departments
9or agencies of State government for administration, grants, or
10operations; but this limitation is not a restriction upon
11appropriating for those purposes any Road Fund monies that are
12eligible for federal reimbursement:
13        1. Illinois State Police, except for expenditures with
14    respect to the Division of Patrol Operations and Division
15    of Criminal Investigation;
16        2. Department of Transportation, only with respect to
17    Intercity Rail Subsidies, except fiscal year 2022 when no
18    more than $50,000,000 may be expended and except fiscal
19    year 2023 when no more than $55,000,000 may be expended
20    and except fiscal year 2024 when no more than $60,000,000
21    may be expended, and Rail Freight Services.
22    Beginning with fiscal year 1982 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

 

 

10300HB3817sam003- 99 -LRB103 30519 JDS 62537 a

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

 

 

10300HB3817sam003- 100 -LRB103 30519 JDS 62537 a

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

 

 

10300HB3817sam003- 101 -LRB103 30519 JDS 62537 a

1    public highways and bridges under the direction and
2    supervision of the State, political subdivision, or
3    municipality collecting those monies, or during fiscal
4    year 2022 for the purposes of a grant not to exceed
5    $8,394,800 to the Regional Transportation Authority on
6    behalf of PACE for the purpose of ADA/Para-transit
7    expenses, or during fiscal year 2023 for the purposes of a
8    grant not to exceed $8,394,800 to the Regional
9    Transportation Authority on behalf of PACE for the purpose
10    of ADA/Para-transit expenses, or during fiscal year 2024
11    for the purposes of a grant not to exceed $9,108,400 to the
12    Regional Transportation Authority on behalf of PACE for
13    the purpose of ADA/Para-transit expenses, and the costs
14    for patrolling and policing the public highways (by the
15    State, political subdivision, or municipality collecting
16    that money) for enforcement of traffic laws. The
17    separation of grades of such highways with railroads and
18    costs associated with protection of at-grade highway and
19    railroad crossing shall also be permissible.
20    Appropriations for any of such purposes are payable from
21the Road Fund or the Grade Crossing Protection Fund as
22provided in Section 8 of the Motor Fuel Tax Law.
23    Except as provided in this paragraph, beginning with
24fiscal year 1991 and thereafter, no Road Fund monies shall be
25appropriated to the Illinois State Police for the purposes of
26this Section in excess of its total fiscal year 1990 Road Fund

 

 

10300HB3817sam003- 102 -LRB103 30519 JDS 62537 a

1appropriations for those purposes unless otherwise provided in
2Section 5g of this Act. For fiscal years 2003, 2004, 2005,
32006, and 2007 only, no Road Fund monies shall be appropriated
4to the Department of State Police for the purposes of this
5Section in excess of $97,310,000. For fiscal year 2008 only,
6no Road Fund monies shall be appropriated to the Department of
7State Police for the purposes of this Section in excess of
8$106,100,000. For fiscal year 2009 only, no Road Fund monies
9shall be appropriated to the Department of State Police for
10the purposes of this Section in excess of $114,700,000.
11Beginning in fiscal year 2010, no road fund moneys shall be
12appropriated to the Illinois State Police. It shall not be
13lawful to circumvent this limitation on appropriations by
14governmental reorganization or other methods unless otherwise
15provided in Section 5g of this Act.
16    In fiscal year 1994, no Road Fund monies shall be
17appropriated to the Secretary of State for the purposes of
18this Section in excess of the total fiscal year 1991 Road Fund
19appropriations to the Secretary of State for those purposes,
20plus $9,800,000. It shall not be lawful to circumvent this
21limitation on appropriations by governmental reorganization or
22other method.
23    Beginning with fiscal year 1995 and thereafter, no Road
24Fund monies shall be appropriated to the Secretary of State
25for the purposes of this Section in excess of the total fiscal
26year 1994 Road Fund appropriations to the Secretary of State

 

 

10300HB3817sam003- 103 -LRB103 30519 JDS 62537 a

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

 

 

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1methods.
2    No new program may be initiated in fiscal year 1991 and
3thereafter that is not consistent with the limitations imposed
4by this Section for fiscal year 1984 and thereafter, insofar
5as appropriation of Road Fund monies is concerned.
6    Nothing in this Section prohibits transfers from the Road
7Fund to the State Construction Account Fund under Section 5e
8of this Act; nor to the General Revenue Fund, as authorized by
9Public Act 93-25.
10    The additional amounts authorized for expenditure in this
11Section by Public Acts 92-0600, 93-0025, 93-0839, and 94-91
12shall be repaid to the Road Fund from the General Revenue Fund
13in the next succeeding fiscal year that the General Revenue
14Fund has a positive budgetary balance, as determined by
15generally accepted accounting principles applicable to
16government.
17    The additional amounts authorized for expenditure by the
18Secretary of State and the Department of State Police in this
19Section by Public Act 94-91 shall be repaid to the Road Fund
20from the General Revenue Fund in the next succeeding fiscal
21year that the General Revenue Fund has a positive budgetary
22balance, as determined by generally accepted accounting
23principles applicable to government.
24(Source: P.A. 101-10, eff. 6-5-19; 101-636, eff. 6-10-20;
25102-16, eff. 6-17-21; 102-538, eff. 8-20-21; 102-699, eff.
264-19-22; 102-813, eff. 5-13-22.)
 

 

 

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1    (30 ILCS 105/8.12)   (from Ch. 127, par. 144.12)
2    Sec. 8.12. State Pensions Fund.
3    (a) The moneys in the State Pensions Fund shall be used
4exclusively for the administration of the Revised Uniform
5Unclaimed Property Act and for the expenses incurred by the
6Auditor General for administering the provisions of Section
72-8.1 of the Illinois State Auditing Act and for operational
8expenses of the Office of the State Treasurer and for the
9funding of the unfunded liabilities of the designated
10retirement systems. For the purposes of this Section,
11"operational expenses of the Office of the State Treasurer"
12includes the acquisition of land and buildings in State fiscal
13years 2019 and 2020 for use by the Office of the State
14Treasurer, as well as construction, reconstruction,
15improvement, repair, and maintenance, in accordance with the
16provisions of laws relating thereto, of such lands and
17buildings beginning in State fiscal year 2019 and thereafter.
18Beginning in State fiscal year 2025 2024, payments to the
19designated retirement systems under this Section shall be in
20addition to, and not in lieu of, any State contributions
21required under the Illinois Pension Code.
22    "Designated retirement systems" means:
23        (1) the State Employees' Retirement System of
24    Illinois;
25        (2) the Teachers' Retirement System of the State of

 

 

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1    Illinois;
2        (3) the State Universities Retirement System;
3        (4) the Judges Retirement System of Illinois; and
4        (5) the General Assembly Retirement System.
5    (b) Each year the General Assembly may make appropriations
6from the State Pensions Fund for the administration of the
7Revised Uniform Unclaimed Property Act.
8    (c) (Blank). As soon as possible after July 30, 2004 (the
9effective date of Public Act 93-839), the General Assembly
10shall appropriate from the State Pensions Fund (1) to the
11State Universities Retirement System the amount certified
12under Section 15-165 during the prior year, (2) to the Judges
13Retirement System of Illinois the amount certified under
14Section 18-140 during the prior year, and (3) to the General
15Assembly Retirement System the amount certified under Section
162-134 during the prior year as part of the required State
17contributions to each of those designated retirement systems.
18If the amount in the State Pensions Fund does not exceed the
19sum of the amounts certified in Sections 15-165, 18-140, and
202-134 by at least $5,000,000, the amount paid to each
21designated retirement system under this subsection shall be
22reduced in proportion to the amount certified by each of those
23designated retirement systems.
24    (c-5) For fiscal years 2006 through 2024 2023, the General
25Assembly shall appropriate from the State Pensions Fund to the
26State Universities Retirement System the amount estimated to

 

 

10300HB3817sam003- 107 -LRB103 30519 JDS 62537 a

1be available during the fiscal year in the State Pensions
2Fund; provided, however, that the amounts appropriated under
3this subsection (c-5) shall not reduce the amount in the State
4Pensions Fund below $5,000,000.
5    (c-6) For fiscal year 2025 2024 and each fiscal year
6thereafter, as soon as may be practical after any money is
7deposited into the State Pensions Fund from the Unclaimed
8Property Trust Fund, the State Treasurer shall apportion the
9deposited amount among the designated retirement systems as
10defined in subsection (a) to reduce their actuarial reserve
11deficiencies. The State Comptroller and State Treasurer shall
12pay the apportioned amounts to the designated retirement
13systems to fund the unfunded liabilities of the designated
14retirement systems. The amount apportioned to each designated
15retirement system shall constitute a portion of the amount
16estimated to be available for appropriation from the State
17Pensions Fund that is the same as that retirement system's
18portion of the total actual reserve deficiency of the systems,
19as determined annually by the Governor's Office of Management
20and Budget at the request of the State Treasurer. The amounts
21apportioned under this subsection shall not reduce the amount
22in the State Pensions Fund below $5,000,000.
23    (d) The Governor's Office of Management and Budget shall
24determine the individual and total reserve deficiencies of the
25designated retirement systems. For this purpose, the
26Governor's Office of Management and Budget shall utilize the

 

 

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1latest available audit and actuarial reports of each of the
2retirement systems and the relevant reports and statistics of
3the Public Employee Pension Fund Division of the Department of
4Insurance.
5    (d-1) (Blank).
6    (e) The changes to this Section made by Public Act 88-593
7shall first apply to distributions from the Fund for State
8fiscal year 1996.
9(Source: P.A. 101-10, eff. 6-5-19; 101-487, eff. 8-23-19;
10101-636, eff. 6-10-20; 102-16, eff. 6-17-21; 102-699, eff.
114-19-22.)
 
12    (30 ILCS 105/8g-1)
13    Sec. 8g-1. Fund transfers.
14    (a) (Blank).
15    (b) (Blank).
16    (c) (Blank).
17    (d) (Blank).
18    (e) (Blank).
19    (f) (Blank).
20    (g) (Blank).
21    (h) (Blank).
22    (i) (Blank).
23    (j) (Blank).
24    (k) (Blank).
25    (l) (Blank).

 

 

10300HB3817sam003- 109 -LRB103 30519 JDS 62537 a

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

 

 

10300HB3817sam003- 110 -LRB103 30519 JDS 62537 a

1practical, the State Comptroller shall direct and the State
2Treasurer shall transfer the sum of $500,000 from the General
3Revenue Fund to the Grant Accountability and Transparency
4Fund.
5    (x) In addition to any other transfers that may be
6provided for by law, at a time or times during Fiscal Year 2022
7as directed by the Governor, the State Comptroller shall
8direct and the State Treasurer shall transfer up to a total of
9$20,000,000 from the General Revenue Fund to the Illinois
10Sports Facilities Fund to be credited to the Advance Account
11within the Fund.
12    (y) In addition to any other transfers that may be
13provided for by law, on June 15, 2021, or as soon thereafter as
14practical, but no later than June 30, 2021, the State
15Comptroller shall direct and the State Treasurer shall
16transfer the sum of $100,000,000 from the General Revenue Fund
17to the Technology Management Revolving Fund.
18    (z) In addition to any other transfers that may be
19provided for by law, on April 19, 2022 (the effective date of
20Public Act 102-699), or as soon thereafter as practical, but
21no later than June 30, 2022, the State Comptroller shall
22direct and the State Treasurer shall transfer the sum of
23$148,000,000 from the General Revenue Fund to the Build
24Illinois Bond Fund.
25    (aa) In addition to any other transfers that may be
26provided for by law, on April 19, 2022 (the effective date of

 

 

10300HB3817sam003- 111 -LRB103 30519 JDS 62537 a

1Public Act 102-699), or as soon thereafter as practical, but
2no later than June 30, 2022, the State Comptroller shall
3direct and the State Treasurer shall transfer the sum of
4$180,000,000 from the General Revenue Fund to the Rebuild
5Illinois Projects Fund.
6    (bb) In addition to any other transfers that may be
7provided for by law, on July 1, 2022, or as soon thereafter as
8practical, the State Comptroller shall direct and the State
9Treasurer shall transfer the sum of $500,000 from the General
10Revenue Fund to the Governor's Administrative Fund.
11    (cc) In addition to any other transfers that may be
12provided for by law, on July 1, 2022, or as soon thereafter as
13practical, the State Comptroller shall direct and the State
14Treasurer shall transfer the sum of $500,000 from the General
15Revenue Fund to the Grant Accountability and Transparency
16Fund.
17    (dd) In addition to any other transfers that may be
18provided by law, on April 19, 2022 (the effective date of
19Public Act 102-700), or as soon thereafter as practical, but
20no later than June 30, 2022, the State Comptroller shall
21direct and the State Treasurer shall transfer the sum of
22$685,000,000 from the General Revenue Fund to the Income Tax
23Refund Fund. Moneys from this transfer shall be used for the
24purpose of making the one-time rebate payments provided under
25Section 212.1 of the Illinois Income Tax Act.
26    (ee) In addition to any other transfers that may be

 

 

10300HB3817sam003- 112 -LRB103 30519 JDS 62537 a

1provided by law, beginning on April 19, 2022 (the effective
2date of Public Act 102-700) and until December 31, 2023, at the
3direction of the Department of Revenue, the State Comptroller
4shall direct and the State Treasurer shall transfer from the
5General Revenue Fund to the Income Tax Refund Fund any amounts
6needed beyond the amounts transferred in subsection (dd) to
7make payments of the one-time rebate payments provided under
8Section 212.1 of the Illinois Income Tax Act.
9    (ff) In addition to any other transfers that may be
10provided for by law, on April 19, 2022 (the effective date of
11Public Act 102-700), or as soon thereafter as practical, but
12no later than June 30, 2022, the State Comptroller shall
13direct and the State Treasurer shall transfer the sum of
14$720,000,000 from the General Revenue Fund to the Budget
15Stabilization Fund.
16    (gg) In addition to any other transfers that may be
17provided for by law, on July 1, 2022, or as soon thereafter as
18practical, the State Comptroller shall direct and the State
19Treasurer shall transfer the sum of $280,000,000 from the
20General Revenue Fund to the Budget Stabilization Fund.
21    (hh) In addition to any other transfers that may be
22provided for by law, on July 1, 2022, or as soon thereafter as
23practical, the State Comptroller shall direct and the State
24Treasurer shall transfer the sum of $200,000,000 from the
25General Revenue Fund to the Pension Stabilization Fund.
26    (ii) In addition to any other transfers that may be

 

 

10300HB3817sam003- 113 -LRB103 30519 JDS 62537 a

1provided for by law, on January 1, 2023, or as soon thereafter
2as practical, the State Comptroller shall direct and the State
3Treasurer shall transfer the sum of $850,000,000 from the
4General Revenue Fund to the Budget Stabilization Fund.
5    (jj) In addition to any other transfers that may be
6provided for by law, at a time or times during Fiscal Year 2023
7as directed by the Governor, the State Comptroller shall
8direct and the State Treasurer shall transfer up to a total of
9$400,000,000 from the General Revenue Fund to the Large
10Business Attraction Fund.
11    (kk) In addition to any other transfers that may be
12provided for by law, on January 1, 2023, or as soon thereafter
13as practical, the State Comptroller shall direct and the State
14Treasurer shall transfer the sum of $72,000,000 from the
15General Revenue Fund to the Disaster Response and Recovery
16Fund.
17    (ll) In addition to any other transfers that may be
18provided for by law, on the effective date of the changes made
19to this Section by this amendatory Act of the 103rd General
20Assembly, or as soon thereafter as practical, but no later
21than June 30, 2023, the State Comptroller shall direct and the
22State Treasurer shall transfer the sum of $200,000,000 from
23the General Revenue Fund to the Pension Stabilization Fund.
24    (mm) In addition to any other transfers that may be
25provided for by law, beginning on the effective date of the
26changes made to this Section by this amendatory Act of the

 

 

10300HB3817sam003- 114 -LRB103 30519 JDS 62537 a

1103rd General Assembly and until June 30, 2024, as directed by
2the Governor, the State Comptroller shall direct and the State
3Treasurer shall transfer up to a total of $1,500,000,000 from
4the General Revenue Fund to the State Coronavirus Urgent
5Remediation Emergency Fund.
6    (nn) In addition to any other transfers that may be
7provided for by law, beginning on the effective date of the
8changes made to this Section by this amendatory Act of the
9103rd General Assembly and until June 30, 2024, as directed by
10the Governor, the State Comptroller shall direct and the State
11Treasurer shall transfer up to a total of $424,000,000 from
12the General Revenue Fund to the Build Illinois Bond Fund.
13    (oo) In addition to any other transfers that may be
14provided for by law, on July 1, 2023, or as soon thereafter as
15practical, the State Comptroller shall direct and the State
16Treasurer shall transfer the sum of $500,000 from the General
17Revenue Fund to the Governor's Administrative Fund.
18    (pp) In addition to any other transfers that may be
19provided for by law, on July 1, 2023, or as soon thereafter as
20practical, the State Comptroller shall direct and the State
21Treasurer shall transfer the sum of $500,000 from the General
22Revenue Fund to the Grant Accountability and Transparency
23Fund.
24(Source: P.A. 101-10, eff. 6-5-19; 101-636, eff. 6-10-20;
25102-16, eff. 6-17-21; 102-699, eff. 4-19-22; 102-700, Article
2640, Section 40-5, eff. 4-19-22; 102-700, Article 80, Section

 

 

10300HB3817sam003- 115 -LRB103 30519 JDS 62537 a

180-5, eff. 4-19-22; 102-1115, eff. 1-9-23.)
 
2    (30 ILCS 105/13.2)  (from Ch. 127, par. 149.2)
3    Sec. 13.2. Transfers among line item appropriations.
4    (a) Transfers among line item appropriations from the same
5treasury fund for the objects specified in this Section may be
6made in the manner provided in this Section when the balance
7remaining in one or more such line item appropriations is
8insufficient for the purpose for which the appropriation was
9made.
10    (a-1) No transfers may be made from one agency to another
11agency, nor may transfers be made from one institution of
12higher education to another institution of higher education
13except as provided by subsection (a-4).
14    (a-2) Except as otherwise provided in this Section,
15transfers may be made only among the objects of expenditure
16enumerated in this Section, except that no funds may be
17transferred from any appropriation for personal services, from
18any appropriation for State contributions to the State
19Employees' Retirement System, from any separate appropriation
20for employee retirement contributions paid by the employer,
21nor from any appropriation for State contribution for employee
22group insurance.
23    (a-2.5) (Blank).
24    (a-3) Further, if an agency receives a separate
25appropriation for employee retirement contributions paid by

 

 

10300HB3817sam003- 116 -LRB103 30519 JDS 62537 a

1the employer, any transfer by that agency into an
2appropriation for personal services must be accompanied by a
3corresponding transfer into the appropriation for employee
4retirement contributions paid by the employer, in an amount
5sufficient to meet the employer share of the employee
6contributions required to be remitted to the retirement
7system.
8    (a-4) Long-Term Care Rebalancing. The Governor may
9designate amounts set aside for institutional services
10appropriated from the General Revenue Fund or any other State
11fund that receives monies for long-term care services to be
12transferred to all State agencies responsible for the
13administration of community-based long-term care programs,
14including, but not limited to, community-based long-term care
15programs administered by the Department of Healthcare and
16Family Services, the Department of Human Services, and the
17Department on Aging, provided that the Director of Healthcare
18and Family Services first certifies that the amounts being
19transferred are necessary for the purpose of assisting persons
20in or at risk of being in institutional care to transition to
21community-based settings, including the financial data needed
22to prove the need for the transfer of funds. The total amounts
23transferred shall not exceed 4% in total of the amounts
24appropriated from the General Revenue Fund or any other State
25fund that receives monies for long-term care services for each
26fiscal year. A notice of the fund transfer must be made to the

 

 

10300HB3817sam003- 117 -LRB103 30519 JDS 62537 a

1General Assembly and posted at a minimum on the Department of
2Healthcare and Family Services website, the Governor's Office
3of Management and Budget website, and any other website the
4Governor sees fit. These postings shall serve as notice to the
5General Assembly of the amounts to be transferred. Notice
6shall be given at least 30 days prior to transfer.
7    (b) In addition to the general transfer authority provided
8under subsection (c), the following agencies have the specific
9transfer authority granted in this subsection:
10    The Department of Healthcare and Family Services is
11authorized to make transfers representing savings attributable
12to not increasing grants due to the births of additional
13children from line items for payments of cash grants to line
14items for payments for employment and social services for the
15purposes outlined in subsection (f) of Section 4-2 of the
16Illinois Public Aid Code.
17    The Department of Children and Family Services is
18authorized to make transfers not exceeding 2% of the aggregate
19amount appropriated to it within the same treasury fund for
20the following line items among these same line items: Foster
21Home and Specialized Foster Care and Prevention, Institutions
22and Group Homes and Prevention, and Purchase of Adoption and
23Guardianship Services.
24    The Department on Aging is authorized to make transfers
25not exceeding 10% of the aggregate amount appropriated to it
26within the same treasury fund for the following Community Care

 

 

10300HB3817sam003- 118 -LRB103 30519 JDS 62537 a

1Program line items among these same line items: purchase of
2services covered by the Community Care Program and
3Comprehensive Case Coordination.
4    The State Board of Education is authorized to make
5transfers from line item appropriations within the same
6treasury fund for General State Aid, General State Aid - Hold
7Harmless, and Evidence-Based Funding, provided that no such
8transfer may be made unless the amount transferred is no
9longer required for the purpose for which that appropriation
10was made, to the line item appropriation for Transitional
11Assistance when the balance remaining in such line item
12appropriation is insufficient for the purpose for which the
13appropriation was made.
14    The State Board of Education is authorized to make
15transfers between the following line item appropriations
16within the same treasury fund: Disabled Student
17Services/Materials (Section 14-13.01 of the School Code),
18Disabled Student Transportation Reimbursement (Section
1914-13.01 of the School Code), Disabled Student Tuition -
20Private Tuition (Section 14-7.02 of the School Code),
21Extraordinary Special Education (Section 14-7.02b of the
22School Code), Reimbursement for Free Lunch/Breakfast Program,
23Summer School Payments (Section 18-4.3 of the School Code),
24and Transportation - Regular/Vocational Reimbursement (Section
2529-5 of the School Code). Such transfers shall be made only
26when the balance remaining in one or more such line item

 

 

10300HB3817sam003- 119 -LRB103 30519 JDS 62537 a

1appropriations is insufficient for the purpose for which the
2appropriation was made and provided that no such transfer may
3be made unless the amount transferred is no longer required
4for the purpose for which that appropriation was made.
5    The Department of Healthcare and Family Services is
6authorized to make transfers not exceeding 4% of the aggregate
7amount appropriated to it, within the same treasury fund,
8among the various line items appropriated for Medical
9Assistance.
10    The Department of Central Management Services is
11authorized to make transfers not exceeding 2% of the aggregate
12amount appropriated to it, within the same treasury fund, from
13the various line items appropriated to the Department, into
14the following line item appropriations: auto liability claims
15and related expenses and payment of claims under the State
16Employee Indemnification Act.
17    (c) The sum of such transfers for an agency in a fiscal
18year shall not exceed 2% of the aggregate amount appropriated
19to it within the same treasury fund for the following objects:
20Personal Services; Extra Help; Student and Inmate
21Compensation; State Contributions to Retirement Systems; State
22Contributions to Social Security; State Contribution for
23Employee Group Insurance; Contractual Services; Travel;
24Commodities; Printing; Equipment; Electronic Data Processing;
25Operation of Automotive Equipment; Telecommunications
26Services; Travel and Allowance for Committed, Paroled and

 

 

10300HB3817sam003- 120 -LRB103 30519 JDS 62537 a

1Discharged Prisoners; Library Books; Federal Matching Grants
2for Student Loans; Refunds; Workers' Compensation,
3Occupational Disease, and Tort Claims; Late Interest Penalties
4under the State Prompt Payment Act and Sections 368a and 370a
5of the Illinois Insurance Code; and, in appropriations to
6institutions of higher education, Awards and Grants.
7Notwithstanding the above, any amounts appropriated for
8payment of workers' compensation claims to an agency to which
9the authority to evaluate, administer and pay such claims has
10been delegated by the Department of Central Management
11Services may be transferred to any other expenditure object
12where such amounts exceed the amount necessary for the payment
13of such claims.
14    (c-1) (Blank).
15    (c-2) (Blank).
16    (c-3) (Blank).
17    (c-4) (Blank).
18    (c-5) (Blank).
19    (c-6) (Blank).
20    (c-7) (Blank).
21    (c-8) (Blank). Special provisions for State fiscal year
222022. Notwithstanding any other provision of this Section, for
23State fiscal year 2022, 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

 

 

10300HB3817sam003- 121 -LRB103 30519 JDS 62537 a

1State fiscal year 2022 shall not exceed 4% of the aggregate
2amount appropriated to that State agency for operational or
3lump sum expenses for State fiscal year 2022. For the purpose
4of this subsection, "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, "State agency" does not include
19the Attorney General, the Secretary of State, the Comptroller,
20the Treasurer, or the judicial or legislative branches.
21    (c-9) Special provisions for State fiscal year 2023.
22Notwithstanding any other provision of this Section, for State
23fiscal year 2023, transfers among line item appropriations to
24a State agency from the same State treasury fund may be made
25for operational or lump sum expenses only, provided that the
26sum of such transfers for a State agency in State fiscal year

 

 

10300HB3817sam003- 122 -LRB103 30519 JDS 62537 a

12023 shall not exceed 4% of the aggregate amount appropriated
2to that State agency for operational or lump sum expenses for
3State fiscal year 2023. For the purpose of this subsection,
4"operational or lump sum expenses" includes the following
5objects: personal services; extra help; student and inmate
6compensation; State contributions to retirement systems; State
7contributions to social security; State contributions for
8employee group insurance; contractual services; travel;
9commodities; printing; equipment; electronic data processing;
10operation of automotive equipment; telecommunications
11services; travel and allowance for committed, paroled, and
12discharged prisoners; library books; federal matching grants
13for student loans; refunds; workers' compensation,
14occupational disease, and tort claims; late interest penalties
15under the State Prompt Payment Act and Sections 368a and 370a
16of the Illinois Insurance Code; lump sum and other purposes;
17and lump sum operations. For the purpose of this subsection,
18"State agency" does not include the Attorney General, the
19Secretary of State, the Comptroller, the Treasurer, or the
20judicial or legislative branches.
21    (c-10) Special provisions for State fiscal year 2024.
22Notwithstanding any other provision of this Section, for State
23fiscal year 2024, transfers among line item appropriations to
24a State agency from the same State treasury fund may be made
25for operational or lump sum expenses only, provided that the
26sum of such transfers for a State agency in State fiscal year

 

 

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12024 shall not exceed 8% of the aggregate amount appropriated
2to that State agency for operational or lump sum expenses for
3State fiscal year 2024. For the purpose of this subsection,
4"operational or lump sum expenses" includes the following
5objects: personal services; extra help; student and inmate
6compensation; State contributions to retirement systems; State
7contributions to social security; State contributions for
8employee group insurance; contractual services; travel;
9commodities; printing; equipment; electronic data processing;
10operation of automotive equipment; telecommunications
11services; travel and allowance for committed, paroled, and
12discharged prisoners; library books; federal matching grants
13for student loans; refunds; workers' compensation,
14occupational disease, and tort claims; late interest penalties
15under the State Prompt Payment Act and Sections 368a and 370a
16of the Illinois Insurance Code; lump sum and other purposes;
17and lump sum operations. For the purpose of this subsection,
18"State agency" does not include the Attorney General, the
19Secretary of State, the Comptroller, the Treasurer, or the
20judicial or legislative branches.
21    (d) Transfers among appropriations made to agencies of the
22Legislative and Judicial departments and to the
23constitutionally elected officers in the Executive branch
24require the approval of the officer authorized in Section 10
25of this Act to approve and certify vouchers. Transfers among
26appropriations made to the University of Illinois, Southern

 

 

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1Illinois University, Chicago State University, Eastern
2Illinois University, Governors State University, Illinois
3State University, Northeastern Illinois University, Northern
4Illinois University, Western Illinois University, the Illinois
5Mathematics and Science Academy and the Board of Higher
6Education require the approval of the Board of Higher
7Education and the Governor. Transfers among appropriations to
8all other agencies require the approval of the Governor.
9    The officer responsible for approval shall certify that
10the transfer is necessary to carry out the programs and
11purposes for which the appropriations were made by the General
12Assembly and shall transmit to the State Comptroller a
13certified copy of the approval which shall set forth the
14specific amounts transferred so that the Comptroller may
15change his records accordingly. The Comptroller shall furnish
16the Governor with information copies of all transfers approved
17for agencies of the Legislative and Judicial departments and
18transfers approved by the constitutionally elected officials
19of the Executive branch other than the Governor, showing the
20amounts transferred and indicating the dates such changes were
21entered on the Comptroller's records.
22    (e) The State Board of Education, in consultation with the
23State Comptroller, may transfer line item appropriations for
24General State Aid or Evidence-Based Funding among the Common
25School Fund and the Education Assistance Fund, and, for State
26fiscal year 2020 and each fiscal year thereafter, the Fund for

 

 

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

 

 

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1Governor's Office of Management and Budget, may transfer line
2item appropriations for purchase of services covered by the
3Community Care Program between the General Revenue Fund and
4the Commitment to Human Services Fund.
5    (g) For State fiscal year 2024 and each fiscal year
6thereafter, if requested by an agency chief executive officer
7and authorized and approved by the Comptroller, the
8Comptroller may direct and the Treasurer shall transfer funds
9from the General Revenue Fund to fund payroll expenses that
10meet the payroll transaction exception criteria as defined by
11the Comptroller in the Statewide Accounting Management System
12(SAMS) Manual. The agency shall then transfer these funds back
13to the General Revenue Fund within 7 days.
14(Source: P.A. 101-10, eff. 6-5-19; 101-81, eff. 7-12-19;
15101-275, eff. 8-9-19; 101-636, eff. 6-10-20; 102-16, eff.
166-17-21; 102-699, eff. 4-19-22.)
 
17    (30 ILCS 105/25)  (from Ch. 127, par. 161)
18    Sec. 25. Fiscal year limitations.
19    (a) All appropriations shall be available for expenditure
20for the fiscal year or for a lesser period if the Act making
21that appropriation so specifies. A deficiency or emergency
22appropriation shall be available for expenditure only through
23June 30 of the year when the Act making that appropriation is
24enacted unless that Act otherwise provides.
25    (b) Outstanding liabilities as of June 30, payable from

 

 

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

 

 

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1    (b-2.6) (Blank).
2    (b-2.6a) (Blank).
3    (b-2.6b) (Blank).
4    (b-2.6c) (Blank).
5    (b-2.6d) All outstanding liabilities as of June 30, 2020,
6payable from appropriations that would otherwise expire at the
7conclusion of the lapse period for fiscal year 2020, and
8interest penalties payable on those liabilities under the
9State Prompt Payment Act, may be paid out of the expiring
10appropriations until December 31, 2020, without regard to the
11fiscal year in which the payment is made, as long as vouchers
12for the liabilities are received by the Comptroller no later
13than September 30, 2020.
14    (b-2.6e) All outstanding liabilities as of June 30, 2021,
15payable from appropriations that would otherwise expire at the
16conclusion of the lapse period for fiscal year 2021, and
17interest penalties payable on those liabilities under the
18State Prompt Payment Act, may be paid out of the expiring
19appropriations until September 30, 2021, without regard to the
20fiscal year in which the payment is made.
21    (b-2.7) For fiscal years 2012, 2013, 2014, 2018, and each
22fiscal year thereafter 2019, 2020, 2021, 2022, and 2023,
23interest penalties payable under the State Prompt Payment Act
24associated with a voucher for which payment is issued after
25June 30 may be paid out of the next fiscal year's
26appropriation. The future year appropriation must be for the

 

 

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1same purpose and from the same fund as the original payment. An
2interest penalty voucher submitted against a future year
3appropriation must be submitted within 60 days after the
4issuance of the associated voucher, except that, for fiscal
5year 2018 only, an interest penalty voucher submitted against
6a future year appropriation must be submitted within 60 days
7of June 5, 2019 (the effective date of Public Act 101-10). The
8Comptroller must issue the interest payment within 60 days
9after acceptance of the interest voucher.
10    (b-3) Medical payments may be made by the Department of
11Veterans' Affairs from its appropriations for those purposes
12for any fiscal year, without regard to the fact that the
13medical services being compensated for by such payment may
14have been rendered in a prior fiscal year, except as required
15by subsection (j) of this Section. Beginning on June 30, 2021,
16medical payments 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-4) Medical payments and child care payments may be made
21by the Department of Human Services (as successor to the
22Department of Public Aid) from appropriations for those
23purposes for any fiscal year, without regard to the fact that
24the medical or child care services being compensated for by
25such payment may have been rendered in a prior fiscal year; and
26payments may be made at the direction of the Department of

 

 

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

 

 

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1    (b-6) (Blank).
2    (b-7) Payments may be made in accordance with a plan
3authorized by paragraph (11) or (12) of Section 405-105 of the
4Department of Central Management Services Law from
5appropriations for those payments without regard to fiscal
6year limitations.
7    (b-8) Reimbursements to eligible airport sponsors for the
8construction or upgrading of Automated Weather Observation
9Systems may be made by the Department of Transportation from
10appropriations for those purposes for any fiscal year, without
11regard to the fact that the qualification or obligation may
12have occurred in a prior fiscal year, provided that at the time
13the expenditure was made the project had been approved by the
14Department of Transportation prior to June 1, 2012 and, as a
15result of recent changes in federal funding formulas, can no
16longer receive federal reimbursement.
17    (b-9) (Blank).
18    (c) Further, payments may be made by the Department of
19Public Health and the Department of Human Services (acting as
20successor to the Department of Public Health under the
21Department of Human Services Act) from their respective
22appropriations for grants for medical care to or on behalf of
23premature and high-mortality risk infants and their mothers
24and for grants for supplemental food supplies provided under
25the United States Department of Agriculture Women, Infants and
26Children Nutrition Program, for any fiscal year without regard

 

 

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1to the fact that the services being compensated for by such
2payment may have been rendered in a prior fiscal year, except
3as required by subsection (j) of this Section. Beginning on
4June 30, 2021, payments made by the Department of Public
5Health and the Department of Human Services from their
6respective appropriations for grants for medical care to or on
7behalf of premature and high-mortality risk infants and their
8mothers and for grants for supplemental food supplies provided
9under the United States Department of Agriculture Women,
10Infants and Children Nutrition Program payable from
11appropriations that have otherwise expired may be paid out of
12the expiring appropriations during the 4-month period ending
13at the close of business on October 31.
14    (d) The Department of Public Health and the Department of
15Human Services (acting as successor to the Department of
16Public Health under the Department of Human Services Act)
17shall each annually submit to the State Comptroller, Senate
18President, Senate Minority Leader, Speaker of the House, House
19Minority Leader, and the respective Chairmen and Minority
20Spokesmen of the Appropriations Committees of the Senate and
21the House, on or before December 31, a report of fiscal year
22funds used to pay for services provided in any prior fiscal
23year. This report shall document by program or service
24category those expenditures from the most recently completed
25fiscal year used to pay for services provided in prior fiscal
26years.

 

 

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1    (e) The Department of Healthcare and Family Services, the
2Department of Human Services (acting as successor to the
3Department of Public Aid), and the Department of Human
4Services making fee-for-service payments relating to substance
5abuse treatment services provided during a previous fiscal
6year shall each annually submit to the State Comptroller,
7Senate President, Senate Minority Leader, Speaker of the
8House, House Minority Leader, the respective Chairmen and
9Minority Spokesmen of the Appropriations Committees of the
10Senate and the House, on or before November 30, a report that
11shall document by program or service category those
12expenditures from the most recently completed fiscal year used
13to pay for (i) services provided in prior fiscal years and (ii)
14services for which claims were received in prior fiscal years.
15    (f) The Department of Human Services (as successor to the
16Department of Public Aid) shall annually submit to the State
17Comptroller, Senate President, Senate Minority Leader, Speaker
18of the House, House Minority Leader, and the respective
19Chairmen and Minority Spokesmen of the Appropriations
20Committees of the Senate and the House, on or before December
2131, a report of fiscal year funds used to pay for services
22(other than medical care) provided in any prior fiscal year.
23This report shall document by program or service category
24those expenditures from the most recently completed fiscal
25year used to pay for services provided in prior fiscal years.
26    (g) In addition, each annual report required to be

 

 

10300HB3817sam003- 134 -LRB103 30519 JDS 62537 a

1submitted by the Department of Healthcare and Family Services
2under subsection (e) shall include the following information
3with respect to the State's Medicaid program:
4        (1) Explanations of the exact causes of the variance
5    between the previous year's estimated and actual
6    liabilities.
7        (2) Factors affecting the Department of Healthcare and
8    Family Services' liabilities, including, but not limited
9    to, numbers of aid recipients, levels of medical service
10    utilization by aid recipients, and inflation in the cost
11    of medical services.
12        (3) The results of the Department's efforts to combat
13    fraud and abuse.
14    (h) As provided in Section 4 of the General Assembly
15Compensation Act, any utility bill for service provided to a
16General Assembly member's district office for a period
17including portions of 2 consecutive fiscal years may be paid
18from funds appropriated for such expenditure in either fiscal
19year.
20    (i) An agency which administers a fund classified by the
21Comptroller as an internal service fund may issue rules for:
22        (1) billing user agencies in advance for payments or
23    authorized inter-fund transfers based on estimated charges
24    for goods or services;
25        (2) issuing credits, refunding through inter-fund
26    transfers, or reducing future inter-fund transfers during

 

 

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

 

 

10300HB3817sam003- 136 -LRB103 30519 JDS 62537 a

1received by September 30th following the end of the fiscal
2year in which the service was rendered.
3    (j) Notwithstanding any other provision of this Act, the
4aggregate amount of payments to be made without regard for
5fiscal year limitations as contained in subsections (b-1),
6(b-3), (b-4), (b-5), and (c) of this Section, and determined
7by using Generally Accepted Accounting Principles, shall not
8exceed the following amounts:
9        (1) $6,000,000,000 for outstanding liabilities related
10    to fiscal year 2012;
11        (2) $5,300,000,000 for outstanding liabilities related
12    to fiscal year 2013;
13        (3) $4,600,000,000 for outstanding liabilities related
14    to fiscal year 2014;
15        (4) $4,000,000,000 for outstanding liabilities related
16    to fiscal year 2015;
17        (5) $3,300,000,000 for outstanding liabilities related
18    to fiscal year 2016;
19        (6) $2,600,000,000 for outstanding liabilities related
20    to fiscal year 2017;
21        (7) $2,000,000,000 for outstanding liabilities related
22    to fiscal year 2018;
23        (8) $1,300,000,000 for outstanding liabilities related
24    to fiscal year 2019;
25        (9) $600,000,000 for outstanding liabilities related
26    to fiscal year 2020; and

 

 

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1        (10) $0 for outstanding liabilities related to fiscal
2    year 2021 and fiscal years thereafter.
3    (k) Department of Healthcare and Family Services Medical
4Assistance Payments.
5        (1) Definition of Medical Assistance.
6            For purposes of this subsection, the term "Medical
7        Assistance" shall include, but not necessarily be
8        limited to, medical programs and services authorized
9        under Titles XIX and XXI of the Social Security Act,
10        the Illinois Public Aid Code, the Children's Health
11        Insurance Program Act, the Covering ALL KIDS Health
12        Insurance Act, the Long Term Acute Care Hospital
13        Quality Improvement Transfer Program Act, and medical
14        care to or on behalf of persons suffering from chronic
15        renal disease, persons suffering from hemophilia, and
16        victims of sexual assault.
17        (2) Limitations on Medical Assistance payments that
18    may be paid from future fiscal year appropriations.
19            (A) The maximum amounts of annual unpaid Medical
20        Assistance bills received and recorded by the
21        Department of Healthcare and Family Services on or
22        before June 30th of a particular fiscal year
23        attributable in aggregate to the General Revenue Fund,
24        Healthcare Provider Relief Fund, Tobacco Settlement
25        Recovery Fund, Long-Term Care Provider Fund, and the
26        Drug Rebate Fund that may be paid in total by the

 

 

10300HB3817sam003- 138 -LRB103 30519 JDS 62537 a

1        Department from future fiscal year Medical Assistance
2        appropriations to those funds are: $700,000,000 for
3        fiscal year 2013 and $100,000,000 for fiscal year 2014
4        and each fiscal year thereafter.
5            (B) Bills for Medical Assistance services rendered
6        in a particular fiscal year, but received and recorded
7        by the Department of Healthcare and Family Services
8        after June 30th of that fiscal year, may be paid from
9        either appropriations for that fiscal year or future
10        fiscal year appropriations for Medical Assistance.
11        Such payments shall not be subject to the requirements
12        of subparagraph (A).
13            (C) Medical Assistance bills received by the
14        Department of Healthcare and Family Services in a
15        particular fiscal year, but subject to payment amount
16        adjustments in a future fiscal year may be paid from a
17        future fiscal year's appropriation for Medical
18        Assistance. Such payments shall not be subject to the
19        requirements of subparagraph (A).
20            (D) Medical Assistance payments made by the
21        Department of Healthcare and Family Services from
22        funds other than those specifically referenced in
23        subparagraph (A) may be made from appropriations for
24        those purposes for any fiscal year without regard to
25        the fact that the Medical Assistance services being
26        compensated for by such payment may have been rendered

 

 

10300HB3817sam003- 139 -LRB103 30519 JDS 62537 a

1        in a prior fiscal year. Such payments shall not be
2        subject to the requirements of subparagraph (A).
3        (3) Extended lapse period for Department of Healthcare
4    and Family Services Medical Assistance payments.
5    Notwithstanding any other State law to the contrary,
6    outstanding Department of Healthcare and Family Services
7    Medical Assistance liabilities, as of June 30th, payable
8    from appropriations which have otherwise expired, may be
9    paid out of the expiring appropriations during the 4-month
10    period ending at the close of business on October 31st.
11    (l) The changes to this Section made by Public Act 97-691
12shall be effective for payment of Medical Assistance bills
13incurred in fiscal year 2013 and future fiscal years. The
14changes to this Section made by Public Act 97-691 shall not be
15applied to Medical Assistance bills incurred in fiscal year
162012 or prior fiscal years.
17    (m) The Comptroller must issue payments against
18outstanding liabilities that were received prior to the lapse
19period deadlines set forth in this Section as soon thereafter
20as practical, but no payment may be issued after the 4 months
21following the lapse period deadline without the signed
22authorization of the Comptroller and the Governor.
23(Source: P.A. 101-10, eff. 6-5-19; 101-275, eff. 8-9-19;
24101-636, eff. 6-10-20; 102-16, eff. 6-17-21; 102-291, eff.
258-6-21; 102-699, eff. 4-19-22; 102-813, eff. 5-13-22.)
 

 

 

10300HB3817sam003- 140 -LRB103 30519 JDS 62537 a

1    Section 5-55. The State Revenue Sharing Act is amended by
2changing Section 12 as follows:
 
3    (30 ILCS 115/12)  (from Ch. 85, par. 616)
4    Sec. 12. Personal Property Tax Replacement Fund. There is
5hereby created the Personal Property Tax Replacement Fund, a
6special fund in the State Treasury into which shall be paid all
7revenue realized:
8        (a) all amounts realized from the additional personal
9    property tax replacement income tax imposed by subsections
10    (c) and (d) of Section 201 of the Illinois Income Tax Act,
11    except for those amounts deposited into the Income Tax
12    Refund Fund pursuant to subsection (c) of Section 901 of
13    the Illinois Income Tax Act; and
14        (b) all amounts realized from the additional personal
15    property replacement invested capital taxes imposed by
16    Section 2a.1 of the Messages Tax Act, Section 2a.1 of the
17    Gas Revenue Tax Act, Section 2a.1 of the Public Utilities
18    Revenue Act, and Section 3 of the Water Company Invested
19    Capital Tax Act, and amounts payable to the Department of
20    Revenue under the Telecommunications Infrastructure
21    Maintenance Fee Act.
22    As soon as may be after the end of each month, the
23Department of Revenue shall certify to the Treasurer and the
24Comptroller the amount of all refunds paid out of the General
25Revenue Fund through the preceding month on account of

 

 

10300HB3817sam003- 141 -LRB103 30519 JDS 62537 a

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

 

 

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

 

 

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1of each quarter beginning with the quarter ending December 31,
21979, and on and after December 31, 1980, as soon as may be
3after January 1, March 1, April 1, May 1, July 1, August 1,
4October 1 and December 1 of each year, the Department of
5Revenue shall allocate to each taxing district as defined in
6Section 1-150 of the Property Tax Code, in accordance with the
7provisions of paragraph (2) of this Section the portion of the
8funds held in the Personal Property Tax Replacement Fund which
9is required to be distributed, as provided in paragraph (1),
10for each quarter. Provided, however, under no circumstances
11shall any taxing district during each of the first two years of
12distribution of the taxes imposed by Public Act 81-1st Special
13Session-1 be entitled to an annual allocation which is less
14than the funds such taxing district collected from the 1978
15personal property tax. Provided further that under no
16circumstances shall any taxing district during the third year
17of distribution of the taxes imposed by Public Act 81-1st
18Special Session-1 receive less than 60% of the funds such
19taxing district collected from the 1978 personal property tax.
20In the event that the total of the allocations made as above
21provided for all taxing districts, during either of such 3
22years, exceeds the amount available for distribution the
23allocation of each taxing district shall be proportionately
24reduced. Except as provided in Section 13 of this Act, the
25Department shall then certify, pursuant to appropriation, such
26allocations to the State Comptroller who shall pay over to the

 

 

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1several taxing districts the respective amounts allocated to
2them.
3    Any township which receives an allocation based in whole
4or in part upon personal property taxes which it levied
5pursuant to Section 6-507 or 6-512 of the Illinois Highway
6Code and which was previously required to be paid over to a
7municipality shall immediately pay over to that municipality a
8proportionate share of the personal property replacement funds
9which such township receives.
10    Any municipality or township, other than a municipality
11with a population in excess of 500,000, which receives an
12allocation based in whole or in part on personal property
13taxes which it levied pursuant to Sections 3-1, 3-4 and 3-6 of
14the Illinois Local Library Act and which was previously
15required to be paid over to a public library shall immediately
16pay over to that library a proportionate share of the personal
17property tax replacement funds which such municipality or
18township receives; provided that if such a public library has
19converted to a library organized under the Illinois Public
20Library District Act, regardless of whether such conversion
21has occurred on, after or before January 1, 1988, such
22proportionate share shall be immediately paid over to the
23library district which maintains and operates the library.
24However, any library that has converted prior to January 1,
251988, and which hitherto has not received the personal
26property tax replacement funds, shall receive such funds

 

 

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1commencing on January 1, 1988.
2    Any township which receives an allocation based in whole
3or in part on personal property taxes which it levied pursuant
4to Section 1c of the Public Graveyards Act and which taxes were
5previously required to be paid over to or used for such public
6cemetery or cemeteries shall immediately pay over to or use
7for such public cemetery or cemeteries a proportionate share
8of the personal property tax replacement funds which the
9township receives.
10    Any taxing district which receives an allocation based in
11whole or in part upon personal property taxes which it levied
12for another governmental body or school district in Cook
13County in 1976 or for another governmental body or school
14district in the remainder of the State in 1977 shall
15immediately pay over to that governmental body or school
16district the amount of personal property replacement funds
17which such governmental body or school district would receive
18directly under the provisions of paragraph (2) of this
19Section, had it levied its own taxes.
20        (1) The portion of the Personal Property Tax
21    Replacement Fund required to be distributed as of the time
22    allocation is required to be made shall be the amount
23    available in such Fund as of the time allocation is
24    required to be made.
25        The amount available for distribution shall be the
26    total amount in the fund at such time minus the necessary

 

 

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1    administrative and other authorized expenses as limited by
2    the appropriation and the amount determined by: (a) $2.8
3    million for fiscal year 1981; (b) for fiscal year 1982,
4    .54% of the funds distributed from the fund during the
5    preceding fiscal year; (c) for fiscal year 1983 through
6    fiscal year 1988, .54% of the funds distributed from the
7    fund during the preceding fiscal year less .02% of such
8    fund for fiscal year 1983 and less .02% of such funds for
9    each fiscal year thereafter; (d) for fiscal year 1989
10    through fiscal year 2011 no more than 105% of the actual
11    administrative expenses of the prior fiscal year; (e) for
12    fiscal year 2012 and beyond, a sufficient amount to pay
13    (i) stipends, additional compensation, salary
14    reimbursements, and other amounts directed to be paid out
15    of this Fund for local officials as authorized or required
16    by statute and (ii) the ordinary and contingent expenses
17    of the Property Tax Appeal Board and the expenses of the
18    Department of Revenue incurred in administering the
19    collection and distribution of moneys paid into the Fund;
20    (f) for fiscal years 2012 and 2013 only, a sufficient
21    amount to pay stipends, additional compensation, salary
22    reimbursements, and other amounts directed to be paid out
23    of this Fund for regional offices and officials as
24    authorized or required by statute; or (g) for fiscal years
25    2018 through 2024 2023 only, a sufficient amount to pay
26    amounts directed to be paid out of this Fund for public

 

 

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

 

 

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1The Tax Base of each taxing district outside of Cook County is
2the personal property tax collections for that taxing district
3for the 1977 tax year. The Downstate Tax Base is the personal
4property tax collections for all taxing districts in the State
5outside of Cook County for the 1977 tax year. The Department of
6Revenue shall have authority to review for accuracy and
7completeness the personal property tax collections for each
8taxing district outside Cook County for the 1977 tax year.
9    The Personal Property Replacement Ratio of each Cook
10County taxing district shall be the ratio which the Tax Base of
11that taxing district bears to the Cook County Tax Base. The Tax
12Base of each Cook County taxing district is the personal
13property tax collections for that taxing district for the 1976
14tax year. The Cook County Tax Base is the personal property tax
15collections for all taxing districts in Cook County for the
161976 tax year. The Department of Revenue shall have authority
17to review for accuracy and completeness the personal property
18tax collections for each taxing district within Cook County
19for the 1976 tax year.
20    For all purposes of this Section 12, amounts paid to a
21taxing district for such tax years as may be applicable by a
22foreign corporation under the provisions of Section 7-202 of
23the Public Utilities Act, as amended, shall be deemed to be
24personal property taxes collected by such taxing district for
25such tax years as may be applicable. The Director shall
26determine from the Illinois Commerce Commission, for any tax

 

 

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1year as may be applicable, the amounts so paid by any such
2foreign corporation to any and all taxing districts. The
3Illinois Commerce Commission shall furnish such information to
4the Director. For all purposes of this Section 12, the
5Director shall deem such amounts to be collected personal
6property taxes of each such taxing district for the applicable
7tax year or years.
8    Taxing districts located both in Cook County and in one or
9more other counties shall receive both a Cook County
10allocation and a Downstate allocation determined in the same
11way as all other taxing districts.
12    If any taxing district in existence on July 1, 1979 ceases
13to exist, or discontinues its operations, its Tax Base shall
14thereafter be deemed to be zero. If the powers, duties and
15obligations of the discontinued taxing district are assumed by
16another taxing district, the Tax Base of the discontinued
17taxing district shall be added to the Tax Base of the taxing
18district assuming such powers, duties and obligations.
19    If two or more taxing districts in existence on July 1,
201979, or a successor or successors thereto shall consolidate
21into one taxing district, the Tax Base of such consolidated
22taxing district shall be the sum of the Tax Bases of each of
23the taxing districts which have consolidated.
24    If a single taxing district in existence on July 1, 1979,
25or a successor or successors thereto shall be divided into two
26or more separate taxing districts, the tax base of the taxing

 

 

10300HB3817sam003- 150 -LRB103 30519 JDS 62537 a

1district so divided shall be allocated to each of the
2resulting taxing districts in proportion to the then current
3equalized assessed value of each resulting taxing district.
4    If a portion of the territory of a taxing district is
5disconnected and annexed to another taxing district of the
6same type, the Tax Base of the taxing district from which
7disconnection was made shall be reduced in proportion to the
8then current equalized assessed value of the disconnected
9territory as compared with the then current equalized assessed
10value within the entire territory of the taxing district prior
11to disconnection, and the amount of such reduction shall be
12added to the Tax Base of the taxing district to which
13annexation is made.
14    If a community college district is created after July 1,
151979, beginning on January 1, 1996 (the effective date of
16Public Act 89-327), its Tax Base shall be 3.5% of the sum of
17the personal property tax collected for the 1977 tax year
18within the territorial jurisdiction of the district.
19    The amounts allocated and paid to taxing districts
20pursuant to the provisions of Public Act 81-1st Special
21Session-1 shall be deemed to be substitute revenues for the
22revenues derived from taxes imposed on personal property
23pursuant to the provisions of the "Revenue Act of 1939" or "An
24Act for the assessment and taxation of private car line
25companies", approved July 22, 1943, as amended, or Section 414
26of the Illinois Insurance Code, prior to the abolition of such

 

 

10300HB3817sam003- 151 -LRB103 30519 JDS 62537 a

1taxes and shall be used for the same purposes as the revenues
2derived from ad valorem taxes on real estate.
3    Monies received by any taxing districts from the Personal
4Property Tax Replacement Fund shall be first applied toward
5payment of the proportionate amount of debt service which was
6previously levied and collected from extensions against
7personal property on bonds outstanding as of December 31, 1978
8and next applied toward payment of the proportionate share of
9the pension or retirement obligations of the taxing district
10which were previously levied and collected from extensions
11against personal property. For each such outstanding bond
12issue, the County Clerk shall determine the percentage of the
13debt service which was collected from extensions against real
14estate in the taxing district for 1978 taxes payable in 1979,
15as related to the total amount of such levies and collections
16from extensions against both real and personal property. For
171979 and subsequent years' taxes, the County Clerk shall levy
18and extend taxes against the real estate of each taxing
19district which will yield the said percentage or percentages
20of the debt service on such outstanding bonds. The balance of
21the amount necessary to fully pay such debt service shall
22constitute a first and prior lien upon the monies received by
23each such taxing district through the Personal Property Tax
24Replacement Fund and shall be first applied or set aside for
25such purpose. In counties having fewer than 3,000,000
26inhabitants, the amendments to this paragraph as made by

 

 

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1Public Act 81-1255 shall be first applicable to 1980 taxes to
2be collected in 1981.
3(Source: P.A. 101-10, eff. 6-5-19; 101-636, eff. 6-10-20;
4102-16, eff. 6-17-21; 102-699, eff. 4-19-22.)
 
5    Section 5-60. The Railsplitter Tobacco Settlement
6Authority Act is amended by changing Section 3-5 as follows:
 
7    (30 ILCS 171/3-5)
8    Sec. 3-5. Certain powers of the Authority. The Authority
9shall have the power to:
10        (1) sue and be sued;
11        (2) have a seal and alter the same at pleasure;
12        (3) make and alter by-laws for its organization and
13    internal management and make rules and regulations
14    governing the use of its property and facilities;
15        (4) appoint by and with the consent of the Attorney
16    General, assistant attorneys for such Authority; those
17    assistant attorneys shall be under the control, direction,
18    and supervision of the Attorney General and shall serve at
19    his or her pleasure;
20        (5) retain special counsel, subject to the approval of
21    the Attorney General, as needed from time to time, and fix
22    their compensation, provided however, such special counsel
23    shall be subject to the control, direction and supervision
24    of the Attorney General and shall serve at his or her

 

 

10300HB3817sam003- 153 -LRB103 30519 JDS 62537 a

1    pleasure;
2        (6) make and execute contracts and all other
3    instruments necessary or convenient for the exercise of
4    its powers and functions under this Section and to
5    commence any action to protect or enforce any right
6    conferred upon it by any law, contract, or other
7    agreement, provided that any underwriter, financial
8    advisor, bond counsel, or other professional providing
9    services to the Authority may be selected pursuant to
10    solicitations issued and completed by the Governor's
11    Office of Management and Budget for those services;
12        (7) appoint officers and agents, prescribe their
13    duties and qualifications, fix their compensation and
14    engage the services of private consultants and counsel on
15    a contract basis for rendering professional and technical
16    assistance and advice, provided that this shall not be
17    construed to limit the authority of the Attorney General
18    provided in Section 4 of the Attorney General Act;
19        (8) pay its operating expenses and its financing
20    costs, including its reasonable costs of issuance and sale
21    and those of the Attorney General, if any, in a total
22    amount not greater than 1% of the principal amount of the
23    proceeds of the bond sale;
24        (9) borrow money in its name and issue negotiable
25    bonds and provide for the rights of the holders thereof as
26    otherwise provided in this Act;

 

 

10300HB3817sam003- 154 -LRB103 30519 JDS 62537 a

1        (10) procure insurance against any loss in connection
2    with its activities, properties, and assets in such amount
3    and from such insurers as it deems desirable;
4        (11) invest any funds or other moneys under its
5    custody and control in investment securities, including in
6    defeasance collateral, as that term is defined in any bond
7    indenture to which the Authority is party, or under any
8    related bond facility;
9        (12) as security for the payment of the principal of
10    and interest on any bonds issued by it pursuant to this Act
11    and any agreement made in connection therewith and for its
12    obligations under any related bond facility, pledge all or
13    any part of the tobacco settlement revenues;
14        (13) receive payments, transfers of funds, or other
15    moneys from any source in furtherance of a defeasance of
16    bonds, provide notice to an indenture trustee of the
17    defeasance of outstanding bonds, and execute and deliver
18    those instruments necessary to discharge the lien of the
19    trustee and the security interest of the holders of
20    outstanding bonds created under an indenture; and
21        (14) do any and all things necessary or convenient to
22    carry out its purposes and exercise the powers expressly
23    given and granted in this Section.
24(Source: P.A. 96-958, eff. 7-1-10.)
 
25    Section 5-62. The Illinois Procurement Code is amended by

 

 

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1changing Sections 1-10, 10-10, and 10-20 as follows:
 
2    (30 ILCS 500/1-10)
3    Sec. 1-10. Application.
4    (a) This Code applies only to procurements for which
5bidders, offerors, potential contractors, or contractors were
6first solicited on or after July 1, 1998. This Code shall not
7be construed to affect or impair any contract, or any
8provision of a contract, entered into based on a solicitation
9prior to the implementation date of this Code as described in
10Article 99, including, but not limited to, any covenant
11entered into with respect to any revenue bonds or similar
12instruments. All procurements for which contracts are
13solicited between the effective date of Articles 50 and 99 and
14July 1, 1998 shall be substantially in accordance with this
15Code and its intent.
16    (b) This Code shall apply regardless of the source of the
17funds with which the contracts are paid, including federal
18assistance moneys. This Code shall not apply to:
19        (1) Contracts between the State and its political
20    subdivisions or other governments, or between State
21    governmental bodies, except as specifically provided in
22    this Code.
23        (2) Grants, except for the filing requirements of
24    Section 20-80.
25        (3) Purchase of care, except as provided in Section

 

 

10300HB3817sam003- 156 -LRB103 30519 JDS 62537 a

1    5-30.6 of the Illinois Public Aid Code and this Section.
2        (4) Hiring of an individual as an employee and not as
3    an independent contractor, whether pursuant to an
4    employment code or policy or by contract directly with
5    that individual.
6        (5) Collective bargaining contracts.
7        (6) Purchase of real estate, except that notice of
8    this type of contract with a value of more than $25,000
9    must be published in the Procurement Bulletin within 10
10    calendar days after the deed is recorded in the county of
11    jurisdiction. The notice shall identify the real estate
12    purchased, the names of all parties to the contract, the
13    value of the contract, and the effective date of the
14    contract.
15        (7) Contracts necessary to prepare for anticipated
16    litigation, enforcement actions, or investigations,
17    provided that the chief legal counsel to the Governor
18    shall give his or her prior approval when the procuring
19    agency is one subject to the jurisdiction of the Governor,
20    and provided that the chief legal counsel of any other
21    procuring entity subject to this Code shall give his or
22    her prior approval when the procuring entity is not one
23    subject to the jurisdiction of the Governor.
24        (8) (Blank).
25        (9) Procurement expenditures by the Illinois
26    Conservation Foundation when only private funds are used.

 

 

10300HB3817sam003- 157 -LRB103 30519 JDS 62537 a

1        (10) (Blank).
2        (11) Public-private agreements entered into according
3    to the procurement requirements of Section 20 of the
4    Public-Private Partnerships for Transportation Act and
5    design-build agreements entered into according to the
6    procurement requirements of Section 25 of the
7    Public-Private Partnerships for Transportation Act.
8        (12) (A) Contracts for legal, financial, and other
9    professional and artistic services entered into by the
10    Illinois Finance Authority in which the State of Illinois
11    is not obligated. Such contracts shall be awarded through
12    a competitive process authorized by the members of the
13    Illinois Finance Authority and are subject to Sections
14    5-30, 20-160, 50-13, 50-20, 50-35, and 50-37 of this Code,
15    as well as the final approval by the members of the
16    Illinois Finance Authority of the terms of the contract.
17        (B) Contracts for legal and financial services entered
18    into by the Illinois Housing Development Authority in
19    connection with the issuance of bonds in which the State
20    of Illinois is not obligated. Such contracts shall be
21    awarded through a competitive process authorized by the
22    members of the Illinois Housing Development Authority and
23    are subject to Sections 5-30, 20-160, 50-13, 50-20, 50-35,
24    and 50-37 of this Code, as well as the final approval by
25    the members of the Illinois Housing Development Authority
26    of the terms of the contract.

 

 

10300HB3817sam003- 158 -LRB103 30519 JDS 62537 a

1        (13) Contracts for services, commodities, and
2    equipment to support the delivery of timely forensic
3    science services in consultation with and subject to the
4    approval of the Chief Procurement Officer as provided in
5    subsection (d) of Section 5-4-3a of the Unified Code of
6    Corrections, except for the requirements of Sections
7    20-60, 20-65, 20-70, and 20-160 and Article 50 of this
8    Code; however, the Chief Procurement Officer may, in
9    writing with justification, waive any certification
10    required under Article 50 of this Code. For any contracts
11    for services which are currently provided by members of a
12    collective bargaining agreement, the applicable terms of
13    the collective bargaining agreement concerning
14    subcontracting shall be followed.
15        On and after January 1, 2019, this paragraph (13),
16    except for this sentence, is inoperative.
17        (14) Contracts for participation expenditures required
18    by a domestic or international trade show or exhibition of
19    an exhibitor, member, or sponsor.
20        (15) Contracts with a railroad or utility that
21    requires the State to reimburse the railroad or utilities
22    for the relocation of utilities for construction or other
23    public purpose. Contracts included within this paragraph
24    (15) shall include, but not be limited to, those
25    associated with: relocations, crossings, installations,
26    and maintenance. For the purposes of this paragraph (15),

 

 

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1    "railroad" means any form of non-highway ground
2    transportation that runs on rails or electromagnetic
3    guideways and "utility" means: (1) public utilities as
4    defined in Section 3-105 of the Public Utilities Act, (2)
5    telecommunications carriers as defined in Section 13-202
6    of the Public Utilities Act, (3) electric cooperatives as
7    defined in Section 3.4 of the Electric Supplier Act, (4)
8    telephone or telecommunications cooperatives as defined in
9    Section 13-212 of the Public Utilities Act, (5) rural
10    water or waste water systems with 10,000 connections or
11    less, (6) a holder as defined in Section 21-201 of the
12    Public Utilities Act, and (7) municipalities owning or
13    operating utility systems consisting of public utilities
14    as that term is defined in Section 11-117-2 of the
15    Illinois Municipal Code.
16        (16) Procurement expenditures necessary for the
17    Department of Public Health to provide the delivery of
18    timely newborn screening services in accordance with the
19    Newborn Metabolic Screening Act.
20        (17) Procurement expenditures necessary for the
21    Department of Agriculture, the Department of Financial and
22    Professional Regulation, the Department of Human Services,
23    and the Department of Public Health to implement the
24    Compassionate Use of Medical Cannabis Program and Opioid
25    Alternative Pilot Program requirements and ensure access
26    to medical cannabis for patients with debilitating medical

 

 

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1    conditions in accordance with the Compassionate Use of
2    Medical Cannabis Program Act.
3        (18) This Code does not apply to any procurements
4    necessary for the Department of Agriculture, the
5    Department of Financial and Professional Regulation, the
6    Department of Human Services, the Department of Commerce
7    and Economic Opportunity, and the Department of Public
8    Health to implement the Cannabis Regulation and Tax Act if
9    the applicable agency has made a good faith determination
10    that it is necessary and appropriate for the expenditure
11    to fall within this exemption and if the process is
12    conducted in a manner substantially in accordance with the
13    requirements of Sections 20-160, 25-60, 30-22, 50-5,
14    50-10, 50-10.5, 50-12, 50-13, 50-15, 50-20, 50-21, 50-35,
15    50-36, 50-37, 50-38, and 50-50 of this Code; however, for
16    Section 50-35, compliance applies only to contracts or
17    subcontracts over $100,000. Notice of each contract
18    entered into under this paragraph (18) that is related to
19    the procurement of goods and services identified in
20    paragraph (1) through (9) of this subsection shall be
21    published in the Procurement Bulletin within 14 calendar
22    days after contract execution. The Chief Procurement
23    Officer shall prescribe the form and content of the
24    notice. Each agency shall provide the Chief Procurement
25    Officer, on a monthly basis, in the form and content
26    prescribed by the Chief Procurement Officer, a report of

 

 

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1    contracts that are related to the procurement of goods and
2    services identified in this subsection. At a minimum, this
3    report shall include the name of the contractor, a
4    description of the supply or service provided, the total
5    amount of the contract, the term of the contract, and the
6    exception to this Code utilized. A copy of any or all of
7    these contracts shall be made available to the Chief
8    Procurement Officer immediately upon request. The Chief
9    Procurement Officer shall submit a report to the Governor
10    and General Assembly no later than November 1 of each year
11    that includes, at a minimum, an annual summary of the
12    monthly information reported to the Chief Procurement
13    Officer. This exemption becomes inoperative 5 years after
14    June 25, 2019 (the effective date of Public Act 101-27).
15        (19) Acquisition of modifications or adjustments,
16    limited to assistive technology devices and assistive
17    technology services, adaptive equipment, repairs, and
18    replacement parts to provide reasonable accommodations (i)
19    that enable a qualified applicant with a disability to
20    complete the job application process and be considered for
21    the position such qualified applicant desires, (ii) that
22    modify or adjust the work environment to enable a
23    qualified current employee with a disability to perform
24    the essential functions of the position held by that
25    employee, (iii) to enable a qualified current employee
26    with a disability to enjoy equal benefits and privileges

 

 

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1    of employment as are enjoyed by other similarly situated
2    employees without disabilities, and (iv) that allow a
3    customer, client, claimant, or member of the public
4    seeking State services full use and enjoyment of and
5    access to its programs, services, or benefits.
6        For purposes of this paragraph (19):
7        "Assistive technology devices" means any item, piece
8    of equipment, or product system, whether acquired
9    commercially off the shelf, modified, or customized, that
10    is used to increase, maintain, or improve functional
11    capabilities of individuals with disabilities.
12        "Assistive technology services" means any service that
13    directly assists an individual with a disability in
14    selection, acquisition, or use of an assistive technology
15    device.
16        "Qualified" has the same meaning and use as provided
17    under the federal Americans with Disabilities Act when
18    describing an individual with a disability.
19        (20) Procurement expenditures necessary for the
20    Illinois Commerce Commission to hire third-party
21    facilitators pursuant to Sections 16-105.17 and 16-108.18
22    of the Public Utilities Act or an ombudsman pursuant to
23    Section 16-107.5 of the Public Utilities Act, a
24    facilitator pursuant to Section 16-105.17 of the Public
25    Utilities Act, or a grid auditor pursuant to Section
26    16-105.10 of the Public Utilities Act.

 

 

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1        (21) Procurement expenditures for the purchase,
2    renewal, and expansion of software, software licenses, or
3    software maintenance agreements that support the efforts
4    of the Illinois State Police to enforce, regulate, and
5    administer the Firearm Owners Identification Card Act, the
6    Firearm Concealed Carry Act, the Firearms Restraining
7    Order Act, the Firearm Dealer License Certification Act,
8    the Law Enforcement Agencies Data System (LEADS), the
9    Uniform Crime Reporting Act, the Criminal Identification
10    Act, the Uniform Conviction Information Act, and the Gun
11    Trafficking Information Act, or establish or maintain
12    record management systems necessary to conduct human
13    trafficking investigations or gun trafficking or other
14    stolen firearm investigations. This paragraph (21) applies
15    to contracts entered into on or after the effective date
16    of this amendatory Act of the 102nd General Assembly and
17    the renewal of contracts that are in effect on the
18    effective date of this amendatory Act of the 102nd General
19    Assembly.
20        (22) Contracts for project management services and
21    system integration services required for the completion of
22    the State's enterprise resource planning project. This
23    exemption becomes inoperative 5 years after the effective
24    date of the changes made to this Section by this
25    amendatory Act of the 103rd General Assembly. This
26    paragraph (22) applies to contracts entered into on or

 

 

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1    after the effective date of the changes made to this
2    Section by this amendatory Act of the 103rd General
3    Assembly and the renewal of contracts that are in effect
4    on the effective date of the changes made to this Section
5    by this amendatory Act of the 103rd General Assembly.
6    Notwithstanding any other provision of law, for contracts
7with an annual value of more than $100,000 entered into on or
8after October 1, 2017 under an exemption provided in any
9paragraph of this subsection (b), except paragraph (1), (2),
10or (5), each State agency shall post to the appropriate
11procurement bulletin the name of the contractor, a description
12of the supply or service provided, the total amount of the
13contract, the term of the contract, and the exception to the
14Code utilized. The chief procurement officer shall submit a
15report to the Governor and General Assembly no later than
16November 1 of each year that shall include, at a minimum, an
17annual summary of the monthly information reported to the
18chief procurement officer.
19    (c) This Code does not apply to the electric power
20procurement process provided for under Section 1-75 of the
21Illinois Power Agency Act and Section 16-111.5 of the Public
22Utilities Act.
23    (d) Except for Section 20-160 and Article 50 of this Code,
24and as expressly required by Section 9.1 of the Illinois
25Lottery Law, the provisions of this Code do not apply to the
26procurement process provided for under Section 9.1 of the

 

 

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1Illinois Lottery Law.
2    (e) This Code does not apply to the process used by the
3Capital Development Board to retain a person or entity to
4assist the Capital Development Board with its duties related
5to the determination of costs of a clean coal SNG brownfield
6facility, as defined by Section 1-10 of the Illinois Power
7Agency Act, as required in subsection (h-3) of Section 9-220
8of the Public Utilities Act, including calculating the range
9of capital costs, the range of operating and maintenance
10costs, or the sequestration costs or monitoring the
11construction of clean coal SNG brownfield facility for the
12full duration of construction.
13    (f) (Blank).
14    (g) (Blank).
15    (h) This Code does not apply to the process to procure or
16contracts entered into in accordance with Sections 11-5.2 and
1711-5.3 of the Illinois Public Aid Code.
18    (i) Each chief procurement officer may access records
19necessary to review whether a contract, purchase, or other
20expenditure is or is not subject to the provisions of this
21Code, unless such records would be subject to attorney-client
22privilege.
23    (j) This Code does not apply to the process used by the
24Capital Development Board to retain an artist or work or works
25of art as required in Section 14 of the Capital Development
26Board Act.

 

 

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1    (k) This Code does not apply to the process to procure
2contracts, or contracts entered into, by the State Board of
3Elections or the State Electoral Board for hearing officers
4appointed pursuant to the Election Code.
5    (l) This Code does not apply to the processes used by the
6Illinois Student Assistance Commission to procure supplies and
7services paid for from the private funds of the Illinois
8Prepaid Tuition Fund. As used in this subsection (l), "private
9funds" means funds derived from deposits paid into the
10Illinois Prepaid Tuition Trust Fund and the earnings thereon.
11    (m) This Code shall apply regardless of the source of
12funds with which contracts are paid, including federal
13assistance moneys. Except as specifically provided in this
14Code, this Code shall not apply to procurement expenditures
15necessary for the Department of Public Health to conduct the
16Healthy Illinois Survey in accordance with Section 2310-431 of
17the Department of Public Health Powers and Duties Law of the
18Civil Administrative Code of Illinois.
19(Source: P.A. 101-27, eff. 6-25-19; 101-81, eff. 7-12-19;
20101-363, eff. 8-9-19; 102-175, eff. 7-29-21; 102-483, eff
211-1-22; 102-558, eff. 8-20-21; 102-600, eff. 8-27-21; 102-662,
22eff. 9-15-21; 102-721, eff. 1-1-23; 102-813, eff. 5-13-22;
23102-1116, eff. 1-10-23.)
 
24    (30 ILCS 500/10-10)
25    Sec. 10-10. Independent State purchasing officers.

 

 

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1    (a) The chief procurement officer shall appoint and
2determine the salary of a State purchasing officer for each
3agency that the chief procurement officer is responsible for
4under Section 1-15.15. A State purchasing officer shall be
5located in the State agency that the officer serves but shall
6report to his or her respective chief procurement officer. The
7State purchasing officer shall have direct communication with
8agency staff assigned to assist with any procurement process.
9At the direction of his or her respective chief procurement
10officer, a State purchasing officer shall have the authority
11to (i) review any contract or contract amendment prior to
12execution to ensure that applicable procurement and
13contracting standards were followed and (ii) approve or reject
14contracts for a purchasing agency. If the State purchasing
15officer provides written approval of the contract, the head of
16the applicable State agency shall have the authority to sign
17and enter into that contract. All actions of a State
18purchasing officer are subject to review by a chief
19procurement officer in accordance with procedures and policies
20established by the chief procurement officer.
21    (a-5) A State purchasing officer may (i) attend any
22procurement meetings; (ii) access any records or files related
23to procurement; (iii) submit reports to the chief procurement
24officer on procurement issues; (iv) ensure the State agency is
25maintaining appropriate records; and (v) ensure transparency
26of the procurement process.

 

 

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1    (a-10) If a State purchasing officer is aware of
2misconduct, waste, or inefficiency with respect to State
3procurement, the State purchasing officer shall advise the
4State agency of the issue in writing. If the State agency does
5not correct the issue, the State purchasing officer shall
6report the problem, in writing, to the chief procurement
7officer and appropriate Inspector General.
8    (b) In addition to any other requirement or qualification
9required by State law, within 30 months after appointment, a
10State purchasing officer must be a Certified Professional
11Public Buyer or a Certified Public Purchasing Officer,
12pursuant to certification by the Universal Public Purchasing
13Certification Council or the Institute for Supply Management.
14A State purchasing officer shall serve a term of 5 years
15beginning on the date of the officer's appointment. A State
16purchasing officer shall have an office located in the State
17agency that the officer serves but shall report to the chief
18procurement officer. A State purchasing officer may be removed
19by a chief procurement officer for cause after a hearing by the
20Executive Ethics Commission. The chief procurement officer or
21executive officer of the State agency housing the State
22purchasing officer may institute a complaint against the State
23purchasing officer by filing such a complaint with the
24Commission and the Commission shall have a public hearing
25based on the complaint. The State purchasing officer, chief
26procurement officer, and executive officer of the State agency

 

 

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1shall receive notice of the hearing and shall be permitted to
2present their respective arguments on the complaint. After the
3hearing, the Commission shall make a non-binding
4recommendation on whether the State purchasing officer shall
5be removed. The salary of a State purchasing officer shall be
6established by the chief procurement officer and may not be
7diminished during the officer's term. In the absence of an
8appointed State purchasing officer, the applicable chief
9procurement officer shall exercise the procurement authority
10created by this Code and may appoint a temporary acting State
11purchasing officer.
12    (c) Each State purchasing officer owes a fiduciary duty to
13the State.
14(Source: P.A. 100-43, eff. 8-9-17.)
 
15    (30 ILCS 500/10-20)
16    Sec. 10-20. Independent chief procurement officers.
17    (a) Appointment. Within 60 calendar days after the
18effective date of this amendatory Act of the 96th General
19Assembly, the Executive Ethics Commission, with the advice and
20consent of the Senate shall appoint or approve 4 chief
21procurement officers, one for each of the following
22categories:
23        (1) for procurements for construction and
24    construction-related services committed by law to the
25    jurisdiction or responsibility of the Capital Development

 

 

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1    Board;
2        (2) for procurements for all construction,
3    construction-related services, operation of any facility,
4    and the provision of any service or activity committed by
5    law to the jurisdiction or responsibility of the Illinois
6    Department of Transportation, including the direct or
7    reimbursable expenditure of all federal funds for which
8    the Department of Transportation is responsible or
9    accountable for the use thereof in accordance with federal
10    law, regulation, or procedure, the chief procurement
11    officer recommended for approval under this item appointed
12    by the Secretary of Transportation after consent by the
13    Executive Ethics Commission;
14        (3) for all procurements made by a public institution
15    of higher education; and
16        (4) for all other procurement needs of State agencies.
17    For fiscal year 2024, the Executive Ethics Commission
18shall set aside from its appropriation those amounts necessary
19for the use of the 4 chief procurement officers for the
20ordinary and contingent expenses of their respective
21procurement offices. From the amounts set aside by the
22Commission, each chief procurement officer shall control the
23internal operations of his or her procurement office and shall
24procure the necessary equipment, materials, and services to
25perform the duties of that office, including hiring necessary
26procurement personnel, legal advisors and other employees, and

 

 

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1may establish, in the exercise of the chief procurement
2officer's discretion, the compensation of the office's
3employees, which includes the State purchasing officers and
4any legal advisors. The Executive Ethics Commission shall have
5no control over the employees of the chief procurement
6officers. The Executive Ethics Commission shall provide
7administrative support services, including payroll, for each
8procurement office. A chief procurement officer shall be
9responsible to the Executive Ethics Commission but must be
10located within the agency that the officer provides with
11procurement services. The chief procurement officer for higher
12education shall have an office located within the Board of
13Higher Education, unless otherwise designated by the Executive
14Ethics Commission. The chief procurement officer for all other
15procurement needs of the State shall have an office located
16within the Department of Central Management Services, unless
17otherwise designated by the Executive Ethics Commission.
18    (b) Terms and independence. Each chief procurement officer
19appointed under this Section shall serve for a term of 5 years
20beginning on the date of the officer's appointment. The chief
21procurement officer may be removed for cause after a hearing
22by the Executive Ethics Commission. The Governor or the
23director of a State agency directly responsible to the
24Governor may institute a complaint against the officer by
25filing such complaint with the Commission. The Commission
26shall have a hearing based on the complaint. The officer and

 

 

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1the complainant shall receive reasonable notice of the hearing
2and shall be permitted to present their respective arguments
3on the complaint. After the hearing, the Commission shall make
4a finding on the complaint and may take disciplinary action,
5including but not limited to removal of the officer.
6    The salary of a chief procurement officer shall be
7established by the Executive Ethics Commission and may not be
8diminished during the officer's term. The salary may not
9exceed the salary of the director of a State agency for which
10the officer serves as chief procurement officer.
11    (c) Qualifications. In addition to any other requirement
12or qualification required by State law, each chief procurement
13officer must within 12 months of employment be a Certified
14Professional Public Buyer or a Certified Public Purchasing
15Officer, pursuant to certification by the Universal Public
16Purchasing Certification Council, and must reside in Illinois.
17    (d) Fiduciary duty. Each chief procurement officer owes a
18fiduciary duty to the State.
19    (e) Vacancy. In case of a vacancy in one or more of the
20offices of a chief procurement officer under this Section
21during the recess of the Senate, the Executive Ethics
22Commission shall make a temporary appointment until the next
23meeting of the Senate, when the Executive Ethics Commission
24shall nominate some person to fill the office, and any person
25so nominated who is confirmed by the Senate shall hold office
26during the remainder of the term and until his or her successor

 

 

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1is appointed and qualified. If the Senate is not in session at
2the time this amendatory Act of the 96th General Assembly
3takes effect, the Executive Ethics Commission shall make a
4temporary appointment as in the case of a vacancy.
5    (f) (Blank).
6    (g) (Blank).
7(Source: P.A. 98-1076, eff. 1-1-15.)
 
8    Section 5-65. The Illinois Works Jobs Program Act is
9amended by changing Section 20-15 as follows:
 
10    (30 ILCS 559/20-15)
11    Sec. 20-15. Illinois Works Preapprenticeship Program;
12Illinois Works Bid Credit Program.
13    (a) The Illinois Works Preapprenticeship Program is
14established and shall be administered by the Department. The
15goal of the Illinois Works Preapprenticeship Program is to
16create a network of community-based organizations throughout
17the State that will recruit, prescreen, and provide
18preapprenticeship skills training, for which participants may
19attend free of charge and receive a stipend, to create a
20qualified, diverse pipeline of workers who are prepared for
21careers in the construction and building trades. Upon
22completion of the Illinois Works Preapprenticeship Program,
23the candidates will be skilled and work-ready.
24    (b) There is created the Illinois Works Fund, a special

 

 

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1fund in the State treasury. The Illinois Works Fund shall be
2administered by the Department. The Illinois Works Fund shall
3be used to provide funding for community-based organizations
4throughout the State. In addition to any other transfers that
5may be provided for by law, on and after July 1, 2019 at the
6direction of the Director of the Governor's Office of
7Management and Budget, the State Comptroller shall direct and
8the State Treasurer shall transfer amounts not exceeding a
9total of $50,000,000 $25,000,000 from the Rebuild Illinois
10Projects Fund to the Illinois Works Fund.
11    (c) Each community-based organization that receives
12funding from the Illinois Works Fund shall provide an annual
13report to the Illinois Works Review Panel by April 1 of each
14calendar year. The annual report shall include the following
15information:
16        (1) a description of the community-based
17    organization's recruitment, screening, and training
18    efforts;
19        (2) the number of individuals who apply to,
20    participate in, and complete the community-based
21    organization's program, broken down by race, gender, age,
22    and veteran status; and
23    (3) the number of the individuals referenced in item (2)
24    of this subsection who are initially accepted and placed
25    into apprenticeship programs in the construction and
26    building trades.

 

 

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1    (d) The Department shall create and administer the
2Illinois Works Bid Credit Program that shall provide economic
3incentives, through bid credits, to encourage contractors and
4subcontractors to provide contracting and employment
5opportunities to historically underrepresented populations in
6the construction industry.
7    The Illinois Works Bid Credit Program shall allow
8contractors and subcontractors to earn bid credits for use
9toward future bids for public works projects contracted by the
10State or an agency of the State in order to increase the
11chances that the contractor and the subcontractors will be
12selected.
13    Contractors or subcontractors may be eligible for bid
14credits for employing apprentices who have completed the
15Illinois Works Preapprenticeship Program on public works
16projects contracted by the State or any agency of the State.
17Contractors or subcontractors shall earn bid credits at a rate
18established by the Department and based on labor hours worked
19on State-contracted public works projects by apprentices who
20have completed the Illinois Works Preapprenticeship Program.
21The Department shall establish the rate by rule and shall
22publish it on the Department's website. The rule may include
23maximum bid credits allowed per contractor, per subcontractor,
24per apprentice, per bid, or per year.
25    The Illinois Works Credit Bank is hereby created and shall
26be administered by the Department. The Illinois Works Credit

 

 

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1Bank shall track the bid credits.
2    A contractor or subcontractor who has been awarded bid
3credits under any other State program for employing
4apprentices who have completed the Illinois Works
5Preapprenticeship Program is not eligible to receive bid
6credits under the Illinois Works Bid Credit Program relating
7to the same contract.
8    The Department shall report to the Illinois Works Review
9Panel the following: (i) the number of bid credits awarded by
10the Department; (ii) the number of bid credits submitted by
11the contractor or subcontractor to the agency administering
12the public works contract; and (iii) the number of bid credits
13accepted by the agency for such contract. Any agency that
14awards bid credits pursuant to the Illinois Works Credit Bank
15Program shall report to the Department the number of bid
16credits it accepted for the public works contract.
17    Upon a finding that a contractor or subcontractor has
18reported falsified records to the Department in order to
19fraudulently obtain bid credits, the Department may bar the
20contractor or subcontractor from participating in the Illinois
21Works Bid Credit Program and may suspend the contractor or
22subcontractor from bidding on or participating in any public
23works project. False or fraudulent claims for payment relating
24to false bid credits may be subject to damages and penalties
25under applicable law.
26    (e) The Department shall adopt any rules deemed necessary

 

 

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1to implement this Section. In order to provide for the
2expeditious and timely implementation of this Act, the
3Department may adopt emergency rules. The adoption of
4emergency rules authorized by this subsection is deemed to be
5necessary for the public interest, safety, and welfare.
6(Source: P.A. 101-31, eff. 6-28-19; 101-601, eff. 12-10-19.)
 
7    Section 5-70. The Private Colleges and Universities
8Capital Distribution Formula Act is amended by changing
9Section 25-15 as follows:
 
10    (30 ILCS 769/25-15)
11    Sec. 25-15. Transfer of funds to another independent
12college.
13    (a) If an institution received a grant under this Article
14and subsequently fails to meet the definition of "independent
15college", the remaining funds shall be re-distributed as
16provided in Section 25-10 to those institutions that have an
17active grant under this Article, unless the campus or
18facilities for which the grant was given are subsequently
19operated by another institution that qualifies as an
20independent college under this Article.
21    (b) If the facilities of a former independent college are
22operated by another entity that qualifies as an independent
23college as provided in subsection (a) of this Section, then
24the entire balance of the grant provided under this Article

 

 

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1remaining on the date the former independent college ceased
2operations, including any amount that had been withheld after
3the former independent college ceased operations, shall be
4transferred to the successor independent college for the
5purpose of the grant operating those facilities for the
6duration of the grant.
7    (c) In the event that, on or before July 16, 2014 (the
8effective date of Public Act 98-715) this amendatory Act of
9the 98th General Assembly, the remaining funds have been
10re-allocated or re-distributed to other independent colleges,
11or the Illinois Board of Higher Education has planned for the
12remaining funds to be re-allocated or re-distributed to other
13independent colleges, before the 5-year period provided under
14this Act for the utilization of funds has ended, any funds so
15re-allocated or re-distributed shall be deducted from future
16allocations to those other independent colleges and
17re-allocated or re-distributed to the initial institution or
18the successor entity operating the facilities of the original
19institution if: (i) the institution that failed to meet the
20definition of "independent college" once again meets the
21definition of "independent college" before the 5-year period
22has expired; or (ii) the facility or facilities of the former
23independent college are operated by another entity that
24qualifies as an independent college before the 5-year period
25has expired.
26    (d) Notwithstanding subsection (a) of this Section, on or

 

 

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1after the effective date of the changes made to this Section by
2this amendatory Act of the 103rd General Assembly, remaining
3funds returned to the State by an institution that failed to
4meet the definition of "independent college" and that received
5a grant from appropriations enacted prior to June 28, 2019,
6shall not be re-distributed. Any such funds shall instead be
7added to the funds made available in the first grant cycle
8under subsection (d) of Section 25-10 by the Board of Higher
9Education following the effective date of the changes made to
10this Section by this amendatory Act of the 103rd General
11Assembly and shall be distributed pursuant to the formula as
12provided in subsection (d) of Section 25-10.
13(Source: P.A. 101-10, eff. 6-5-19.)
 
14    Section 5-75. The Illinois Income Tax Act is amended by
15changing Section 901 as follows:
 
16    (35 ILCS 5/901)
17    Sec. 901. Collection authority.
18    (a) In general. The Department shall collect the taxes
19imposed by this Act. The Department shall collect certified
20past due child support amounts under Section 2505-650 of the
21Department of Revenue Law of the Civil Administrative Code of
22Illinois. Except as provided in subsections (b), (c), (e),
23(f), (g), and (h) of this Section, money collected pursuant to
24subsections (a) and (b) of Section 201 of this Act shall be

 

 

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1paid into the General Revenue Fund in the State treasury;
2money collected pursuant to subsections (c) and (d) of Section
3201 of this Act shall be paid into the Personal Property Tax
4Replacement Fund, a special fund in the State Treasury; and
5money collected under Section 2505-650 of the Department of
6Revenue Law of the Civil Administrative Code of Illinois shall
7be paid into the Child Support Enforcement Trust Fund, a
8special fund outside the State Treasury, or to the State
9Disbursement Unit established under Section 10-26 of the
10Illinois Public Aid Code, as directed by the Department of
11Healthcare and Family Services.
12    (b) Local Government Distributive Fund. Beginning August
131, 2017 and continuing through July 31, 2022, the Treasurer
14shall transfer each month from the General Revenue Fund to the
15Local Government Distributive Fund an amount equal to the sum
16of: (i) 6.06% (10% of the ratio of the 3% individual income tax
17rate prior to 2011 to the 4.95% individual income tax rate
18after July 1, 2017) of the net revenue realized from the tax
19imposed by subsections (a) and (b) of Section 201 of this Act
20upon individuals, trusts, and estates during the preceding
21month; (ii) 6.85% (10% of the ratio of the 4.8% corporate
22income tax rate prior to 2011 to the 7% corporate income tax
23rate after July 1, 2017) of the net revenue realized from the
24tax imposed by subsections (a) and (b) of Section 201 of this
25Act upon corporations during the preceding month; and (iii)
26beginning February 1, 2022, 6.06% of the net revenue realized

 

 

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1from the tax imposed by subsection (p) of Section 201 of this
2Act upon electing pass-through entities. Beginning August 1,
32022 and continuing through July 31, 2023, the Treasurer shall
4transfer each month from the General Revenue Fund to the Local
5Government Distributive Fund an amount equal to the sum of:
6(i) 6.16% of the net revenue realized from the tax imposed by
7subsections (a) and (b) of Section 201 of this Act upon
8individuals, trusts, and estates during the preceding month;
9(ii) 6.85% of the net revenue realized from the tax imposed by
10subsections (a) and (b) of Section 201 of this Act upon
11corporations during the preceding month; and (iii) 6.16% of
12the net revenue realized from the tax imposed by subsection
13(p) of Section 201 of this Act upon electing pass-through
14entities. Beginning August 1, 2023, the Treasurer shall
15transfer each month from the General Revenue Fund to the Local
16Government Distributive Fund an amount equal to the sum of:
17(i) 6.47% of the net revenue realized from the tax imposed by
18subsections (a) and (b) of Section 201 of this Act upon
19individuals, trusts, and estates during the preceding month;
20(ii) 6.85% of the net revenue realized from the tax imposed by
21subsections (a) and (b) of Section 201 of this Act upon
22corporations during the preceding month; and (iii) 6.47% of
23the net revenue realized from the tax imposed by subsection
24(p) of Section 201 of this Act upon electing pass-through
25entities. Net revenue realized for a month shall be defined as
26the revenue from the tax imposed by subsections (a) and (b) of

 

 

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

 

 

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1    Percentage. For fiscal year 2011, the Annual Percentage
2    shall be 8.75%. For fiscal year 2012, the Annual
3    Percentage shall be 8.75%. For fiscal year 2013, the
4    Annual Percentage shall be 9.75%. For fiscal year 2014,
5    the Annual Percentage shall be 9.5%. For fiscal year 2015,
6    the Annual Percentage shall be 10%. For fiscal year 2018,
7    the Annual Percentage shall be 9.8%. For fiscal year 2019,
8    the Annual Percentage shall be 9.7%. For fiscal year 2020,
9    the Annual Percentage shall be 9.5%. For fiscal year 2021,
10    the Annual Percentage shall be 9%. For fiscal year 2022,
11    the Annual Percentage shall be 9.25%. For fiscal year
12    2023, the Annual Percentage shall be 9.25%. For fiscal
13    year 2024, the Annual Percentage shall be 9.15%. For all
14    other fiscal years, the Annual Percentage shall be
15    calculated as a fraction, the numerator of which shall be
16    the amount of refunds approved for payment by the
17    Department during the preceding fiscal year as a result of
18    overpayment of tax liability under subsections (a) and
19    (b)(1), (2), and (3) of Section 201 of this Act plus the
20    amount of such refunds remaining approved but unpaid at
21    the end of the preceding fiscal year, minus the amounts
22    transferred into the Income Tax Refund Fund from the
23    Tobacco Settlement Recovery Fund, and the denominator of
24    which shall be the amounts which will be collected
25    pursuant to subsections (a) and (b)(1), (2), and (3) of
26    Section 201 of this Act during the preceding fiscal year;

 

 

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1    except that in State fiscal year 2002, the Annual
2    Percentage shall in no event exceed 7.6%. The Director of
3    Revenue shall certify the Annual Percentage to the
4    Comptroller on the last business day of the fiscal year
5    immediately preceding the fiscal year for which it is to
6    be effective.
7        (2) Beginning on January 1, 1989 and thereafter, the
8    Department shall deposit a percentage of the amounts
9    collected pursuant to subsections (a) and (b)(6), (7), and
10    (8), (c) and (d) of Section 201 of this Act into a fund in
11    the State treasury known as the Income Tax Refund Fund.
12    Beginning with State fiscal year 1990 and for each fiscal
13    year thereafter, the percentage deposited into the Income
14    Tax Refund Fund during a fiscal year shall be the Annual
15    Percentage. For fiscal year 2011, the Annual Percentage
16    shall be 17.5%. For fiscal year 2012, the Annual
17    Percentage shall be 17.5%. For fiscal year 2013, the
18    Annual Percentage shall be 14%. For fiscal year 2014, the
19    Annual Percentage shall be 13.4%. For fiscal year 2015,
20    the Annual Percentage shall be 14%. For fiscal year 2018,
21    the Annual Percentage shall be 17.5%. For fiscal year
22    2019, the Annual Percentage shall be 15.5%. For fiscal
23    year 2020, the Annual Percentage shall be 14.25%. For
24    fiscal year 2021, the Annual Percentage shall be 14%. For
25    fiscal year 2022, the Annual Percentage shall be 15%. For
26    fiscal year 2023, the Annual Percentage shall be 14.5%.

 

 

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1    For fiscal year 2024, the Annual Percentage shall be 14%.
2    For all other fiscal years, the Annual Percentage shall be
3    calculated as a fraction, the numerator of which shall be
4    the amount of refunds approved for payment by the
5    Department during the preceding fiscal year as a result of
6    overpayment of tax liability under subsections (a) and
7    (b)(6), (7), and (8), (c) and (d) of Section 201 of this
8    Act plus the amount of such refunds remaining approved but
9    unpaid at the end of the preceding fiscal year, and the
10    denominator of which shall be the amounts which will be
11    collected pursuant to subsections (a) and (b)(6), (7), and
12    (8), (c) and (d) of Section 201 of this Act during the
13    preceding fiscal year; except that in State fiscal year
14    2002, the Annual Percentage shall in no event exceed 23%.
15    The Director of Revenue shall certify the Annual
16    Percentage to the Comptroller on the last business day of
17    the fiscal year immediately preceding the fiscal year for
18    which it is to be effective.
19        (3) The Comptroller shall order transferred and the
20    Treasurer shall transfer from the Tobacco Settlement
21    Recovery Fund to the Income Tax Refund Fund (i)
22    $35,000,000 in January, 2001, (ii) $35,000,000 in January,
23    2002, and (iii) $35,000,000 in January, 2003.
24    (d) Expenditures from Income Tax Refund Fund.
25        (1) Beginning January 1, 1989, money in the Income Tax
26    Refund Fund shall be expended exclusively for the purpose

 

 

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1    of paying refunds resulting from overpayment of tax
2    liability under Section 201 of this Act and for making
3    transfers pursuant to this subsection (d), except that in
4    State fiscal years 2022 and 2023, moneys in the Income Tax
5    Refund Fund shall also be used to pay one-time rebate
6    payments as provided under Sections 208.5 and 212.1.
7        (2) The Director shall order payment of refunds
8    resulting from overpayment of tax liability under Section
9    201 of this Act from the Income Tax Refund Fund only to the
10    extent that amounts collected pursuant to Section 201 of
11    this Act and transfers pursuant to this subsection (d) and
12    item (3) of subsection (c) have been deposited and
13    retained in the Fund.
14        (3) As soon as possible after the end of each fiscal
15    year, the Director shall order transferred and the State
16    Treasurer and State Comptroller shall transfer from the
17    Income Tax Refund Fund to the Personal Property Tax
18    Replacement Fund an amount, certified by the Director to
19    the Comptroller, equal to the excess of the amount
20    collected pursuant to subsections (c) and (d) of Section
21    201 of this Act deposited into the Income Tax Refund Fund
22    during the fiscal year over the amount of refunds
23    resulting from overpayment of tax liability under
24    subsections (c) and (d) of Section 201 of this Act paid
25    from the Income Tax Refund Fund during the fiscal year.
26        (4) As soon as possible after the end of each fiscal

 

 

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1    year, the Director shall order transferred and the State
2    Treasurer and State Comptroller shall transfer from the
3    Personal Property Tax Replacement Fund to the Income Tax
4    Refund Fund an amount, certified by the Director to the
5    Comptroller, equal to the excess of the amount of refunds
6    resulting from overpayment of tax liability under
7    subsections (c) and (d) of Section 201 of this Act paid
8    from the Income Tax Refund Fund during the fiscal year
9    over the amount collected pursuant to subsections (c) and
10    (d) of Section 201 of this Act deposited into the Income
11    Tax Refund Fund during the fiscal year.
12        (4.5) As soon as possible after the end of fiscal year
13    1999 and of each fiscal year thereafter, the Director
14    shall order transferred and the State Treasurer and State
15    Comptroller shall transfer from the Income Tax Refund Fund
16    to the General Revenue Fund any surplus remaining in the
17    Income Tax Refund Fund as of the end of such fiscal year;
18    excluding for fiscal years 2000, 2001, and 2002 amounts
19    attributable to transfers under item (3) of subsection (c)
20    less refunds resulting from the earned income tax credit,
21    and excluding for fiscal year 2022 amounts attributable to
22    transfers from the General Revenue Fund authorized by
23    Public Act 102-700 this amendatory Act of the 102nd
24    General Assembly.
25        (5) This Act shall constitute an irrevocable and
26    continuing appropriation from the Income Tax Refund Fund

 

 

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1    for the purposes of (i) paying refunds upon the order of
2    the Director in accordance with the provisions of this
3    Section and (ii) paying one-time rebate payments under
4    Sections 208.5 and 212.1.
5    (e) Deposits into the Education Assistance Fund and the
6Income Tax Surcharge Local Government Distributive Fund. On
7July 1, 1991, and thereafter, of the amounts collected
8pursuant to subsections (a) and (b) of Section 201 of this Act,
9minus deposits into the Income Tax Refund Fund, the Department
10shall deposit 7.3% into the Education Assistance Fund in the
11State Treasury. Beginning July 1, 1991, and continuing through
12January 31, 1993, of the amounts collected pursuant to
13subsections (a) and (b) of Section 201 of the Illinois Income
14Tax Act, minus deposits into the Income Tax Refund Fund, the
15Department shall deposit 3.0% into the Income Tax Surcharge
16Local Government Distributive Fund in the State Treasury.
17Beginning February 1, 1993 and continuing through June 30,
181993, of the amounts collected pursuant to subsections (a) and
19(b) of Section 201 of the Illinois Income Tax Act, minus
20deposits into the Income Tax Refund Fund, the Department shall
21deposit 4.4% into the Income Tax Surcharge Local Government
22Distributive Fund in the State Treasury. Beginning July 1,
231993, and continuing through June 30, 1994, of the amounts
24collected under subsections (a) and (b) of Section 201 of this
25Act, minus deposits into the Income Tax Refund Fund, the
26Department shall deposit 1.475% into the Income Tax Surcharge

 

 

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

 

 

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1    If the rate of tax imposed by subsection (a) and (b) of
2Section 201 is reduced pursuant to Section 201.5 of this Act,
3the Department shall not make the deposits required by this
4subsection (g) on or after the effective date of the
5reduction.
6    (h) Deposits into the Tax Compliance and Administration
7Fund. Beginning on the first day of the first calendar month to
8occur on or after August 26, 2014 (the effective date of Public
9Act 98-1098), each month the Department shall pay into the Tax
10Compliance and Administration Fund, to be used, subject to
11appropriation, to fund additional auditors and compliance
12personnel at the Department, an amount equal to 1/12 of 5% of
13the cash receipts collected during the preceding fiscal year
14by the Audit Bureau of the Department from the tax imposed by
15subsections (a), (b), (c), and (d) of Section 201 of this Act,
16net of deposits into the Income Tax Refund Fund made from those
17cash receipts.
18(Source: P.A. 101-8, see Section 99 for effective date;
19101-10, eff. 6-5-19; 101-81, eff. 7-12-19; 101-636, eff.
206-10-20; 102-16, eff. 6-17-21; 102-558, eff. 8-20-21; 102-658,
21eff. 8-27-21; 102-699, eff. 4-19-22; 102-700, eff. 4-19-22;
22102-813, eff. 5-13-22; revised 8-2-22.)
 
23    Section 5-80. The Hotel Operators' Occupation Tax Act is
24amended by changing Section 6 as follows:
 

 

 

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1    (35 ILCS 145/6)  (from Ch. 120, par. 481b.36)
2    Sec. 6. Filing of returns and distribution of revenue
3proceeds. Except as provided hereinafter in this Section, on
4or before the last day of each calendar month, every person
5engaged in the business of renting, leasing or letting rooms
6in a hotel in this State during the preceding calendar month
7shall file a return with the Department, stating:
8        1. The name of the operator;
9        2. His residence address and the address of his
10    principal place of business and the address of the
11    principal place of business (if that is a different
12    address) from which he engages in the business of renting,
13    leasing or letting rooms in a hotel in this State;
14        3. Total amount of rental receipts received by him
15    during the preceding calendar month from renting, leasing
16    or letting rooms during such preceding calendar month;
17        4. Total amount of rental receipts received by him
18    during the preceding calendar month from renting, leasing
19    or letting rooms to permanent residents during such
20    preceding calendar month;
21        5. Total amount of other exclusions from gross rental
22    receipts allowed by this Act;
23        6. Gross rental receipts which were received by him
24    during the preceding calendar month and upon the basis of
25    which the tax is imposed;
26        7. The amount of tax due;

 

 

10300HB3817sam003- 192 -LRB103 30519 JDS 62537 a

1        8. Such other reasonable information as the Department
2    may require.
3    If the operator's average monthly tax liability to the
4Department does not exceed $200, the Department may authorize
5his returns to be filed on a quarter annual basis, with the
6return for January, February and March of a given year being
7due by April 30 of such year; with the return for April, May
8and June of a given year being due by July 31 of such year;
9with the return for July, August and September of a given year
10being due by October 31 of such year, and with the return for
11October, November and December of a given year being due by
12January 31 of the following year.
13    If the operator's average monthly tax liability to the
14Department does not exceed $50, the Department may authorize
15his returns to be filed on an annual basis, with the return for
16a given year being due by January 31 of the following year.
17    Such quarter annual and annual returns, as to form and
18substance, shall be subject to the same requirements as
19monthly returns.
20    Notwithstanding any other provision in this Act concerning
21the time within which an operator may file his return, in the
22case of any operator who ceases to engage in a kind of business
23which makes him responsible for filing returns under this Act,
24such operator shall file a final return under this Act with the
25Department not more than 1 month after discontinuing such
26business.

 

 

10300HB3817sam003- 193 -LRB103 30519 JDS 62537 a

1    Where the same person has more than 1 business registered
2with the Department under separate registrations under this
3Act, such person shall not file each return that is due as a
4single return covering all such registered businesses, but
5shall file separate returns for each such registered business.
6    In his return, the operator shall determine the value of
7any consideration other than money received by him in
8connection with the renting, leasing or letting of rooms in
9the course of his business and he shall include such value in
10his return. Such determination shall be subject to review and
11revision by the Department in the manner hereinafter provided
12for the correction of returns.
13    Where the operator is a corporation, the return filed on
14behalf of such corporation shall be signed by the president,
15vice-president, secretary or treasurer or by the properly
16accredited agent of such corporation.
17    The person filing the return herein provided for shall, at
18the time of filing such return, pay to the Department the
19amount of tax herein imposed. The operator filing the return
20under this Section shall, at the time of filing such return,
21pay to the Department the amount of tax imposed by this Act
22less a discount of 2.1% or $25 per calendar year, whichever is
23greater, which is allowed to reimburse the operator for the
24expenses incurred in keeping records, preparing and filing
25returns, remitting the tax and supplying data to the
26Department on request.

 

 

10300HB3817sam003- 194 -LRB103 30519 JDS 62537 a

1    If any payment provided for in this Section exceeds the
2operator's liabilities under this Act, as shown on an original
3return, the Department may authorize the operator to credit
4such excess payment against liability subsequently to be
5remitted to the Department under this Act, in accordance with
6reasonable rules adopted by the Department. If the Department
7subsequently determines that all or any part of the credit
8taken was not actually due to the operator, the operator's
9discount shall be reduced by an amount equal to the difference
10between the discount as applied to the credit taken and that
11actually due, and that operator shall be liable for penalties
12and interest on such difference.
13    There shall be deposited into in the Build Illinois Fund
14in the State Treasury for each State fiscal year 40% of the
15amount of total net revenue proceeds from the tax imposed by
16subsection (a) of Section 3. Of the remaining 60%: (i) ,
17$5,000,000 shall be deposited into in the Illinois Sports
18Facilities Fund and credited to the Subsidy Account each
19fiscal year by making monthly deposits in the amount of 1/8 of
20$5,000,000 plus cumulative deficiencies in such deposits for
21prior months, and (ii) an amount equal to the then applicable
22Advance Amount additional $8,000,000 shall be deposited into
23in the Illinois Sports Facilities Fund and credited to the
24Advance Account each fiscal year by making monthly deposits in
25the amount of 1/8 of the then applicable Advance Amount
26$8,000,000 plus any cumulative deficiencies in such deposits

 

 

10300HB3817sam003- 195 -LRB103 30519 JDS 62537 a

1for prior months; provided, that for fiscal years ending after
2June 30, 2001, the amount to be so deposited into the Illinois
3Sports Facilities Fund and credited to the Advance Account
4each fiscal year shall be increased from $8,000,000 to the
5then applicable Advance Amount and the required monthly
6deposits beginning with July 2001 shall be in the amount of 1/8
7of the then applicable Advance Amount plus any cumulative
8deficiencies in those deposits for prior months. (The deposits
9of the additional $8,000,000 or the then applicable Advance
10Amount, as applicable, during each fiscal year shall be
11treated as advances of funds to the Illinois Sports Facilities
12Authority for its corporate purposes to the extent paid to the
13Authority or its trustee and shall be repaid into the General
14Revenue Fund in the State Treasury by the State Treasurer on
15behalf of the Authority pursuant to Section 19 of the Illinois
16Sports Facilities Authority Act, as amended. If in any fiscal
17year the full amount of the then applicable Advance Amount is
18not repaid into the General Revenue Fund, then the deficiency
19shall be paid from the amount in the Local Government
20Distributive Fund that would otherwise be allocated to the
21City of Chicago under the State Revenue Sharing Act.)
22    For purposes of the foregoing paragraph, the term "Advance
23Amount" means, for fiscal year 2002, $22,179,000, and for
24subsequent fiscal years through fiscal year 2033, 105.615% of
25the Advance Amount for the immediately preceding fiscal year,
26rounded up to the nearest $1,000.

 

 

10300HB3817sam003- 196 -LRB103 30519 JDS 62537 a

1    Of the remaining 60% of the amount of total net proceeds
2prior to August 1, 2011 from the tax imposed by subsection (a)
3of Section 3 after all required deposits in the Illinois
4Sports Facilities Fund, the amount equal to 8% of the net
5revenue realized from this Act plus an amount equal to 8% of
6the net revenue realized from any tax imposed under Section
74.05 of the Chicago World's Fair-1992 Authority Act during the
8preceding month shall be deposited in the Local Tourism Fund
9each month for purposes authorized by Section 605-705 of the
10Department of Commerce and Economic Opportunity Law (20 ILCS
11605/605-705). Of the remaining 60% of the amount of total net
12revenue proceeds beginning on August 1, 2011 through June 30,
132023, from the tax imposed by subsection (a) of Section 3 after
14all required deposits into in the Illinois Sports Facilities
15Fund, an amount equal to 8% of the net revenue realized from
16this Act plus an amount equal to 8% of the net revenue realized
17from any tax imposed under Section 4.05 of the Chicago World's
18Fair-1992 Authority Act during the preceding month shall be
19deposited as follows: 18% of such amount shall be deposited
20into the Chicago Travel Industry Promotion Fund for the
21purposes described in subsection (n) of Section 5 of the
22Metropolitan Pier and Exposition Authority Act and the
23remaining 82% of such amount shall be deposited into the Local
24Tourism Fund each month for purposes authorized by Section
25605-705 of the Department of Commerce and Economic Opportunity
26Law. Beginning on August 1, 1999 and ending on July 31, 2011,

 

 

10300HB3817sam003- 197 -LRB103 30519 JDS 62537 a

1an amount equal to 4.5% of the net revenue realized from the
2Hotel Operators' Occupation Tax Act during the preceding month
3shall be deposited into the International Tourism Fund for the
4purposes authorized in Section 605-707 of the Department of
5Commerce and Economic Opportunity Law. Beginning on August 1,
62011 and through June 30, 2023, an amount equal to 4.5% of the
7net revenue realized from this Act during the preceding month
8shall be deposited as follows: 55% of such amount shall be
9deposited into the Chicago Travel Industry Promotion Fund for
10the purposes described in subsection (n) of Section 5 of the
11Metropolitan Pier and Exposition Authority Act and the
12remaining 45% of such amount deposited into the International
13Tourism Fund for the purposes authorized in Section 605-707 of
14the Department of Commerce and Economic Opportunity Law. "Net
15revenue realized for a month" means the revenue collected by
16the State under this that Act during the previous month less
17the amount paid out during that same month as refunds to
18taxpayers for overpayment of liability under this that Act.
19    Beginning on July 1, 2023, of the remaining 60% of the
20amount of total net revenue realized from the tax imposed
21under subsection (a) of Section 3, after all required deposits
22into the Illinois Sports Facilities Fund:
23        (1) an amount equal to 8% of the net revenue realized
24    under this Act for the preceding month shall be deposited
25    as follows: 82% to the Local Tourism Fund and 18% to the
26    Chicago Travel Industry Promotion Fund; and

 

 

10300HB3817sam003- 198 -LRB103 30519 JDS 62537 a

1        (2) an amount equal to 4.5% of the net revenue
2    realized under this Act for the preceding month shall be
3    deposited as follows: 55% to the Chicago Travel Industry
4    Promotion Fund and 45% to the International Tourism Fund.
5    After making all these deposits, any remaining net revenue
6realized from all other proceeds of the tax imposed under
7subsection (a) of Section 3 shall be deposited into in the
8Tourism Promotion Fund in the State Treasury. All moneys
9received by the Department from the additional tax imposed
10under subsection (b) of Section 3 shall be deposited into the
11Build Illinois Fund in the State Treasury.
12    The Department may, upon separate written notice to a
13taxpayer, require the taxpayer to prepare and file with the
14Department on a form prescribed by the Department within not
15less than 60 days after receipt of the notice an annual
16information return for the tax year specified in the notice.
17Such annual return to the Department shall include a statement
18of gross receipts as shown by the operator's last State income
19tax return. If the total receipts of the business as reported
20in the State income tax return do not agree with the gross
21receipts reported to the Department for the same period, the
22operator shall attach to his annual information return a
23schedule showing a reconciliation of the 2 amounts and the
24reasons for the difference. The operator's annual information
25return to the Department shall also disclose payroll pay roll
26information of the operator's business during the year covered

 

 

10300HB3817sam003- 199 -LRB103 30519 JDS 62537 a

1by such return and any additional reasonable information which
2the Department deems would be helpful in determining the
3accuracy of the monthly, quarterly or annual tax returns by
4such operator as hereinbefore provided for in this Section.
5    If the annual information return required by this Section
6is not filed when and as required the taxpayer shall be liable
7for a penalty in an amount determined in accordance with
8Section 3-4 of the Uniform Penalty and Interest Act until such
9return is filed as required, the penalty to be assessed and
10collected in the same manner as any other penalty provided for
11in this Act.
12    The chief executive officer, proprietor, owner or highest
13ranking manager shall sign the annual return to certify the
14accuracy of the information contained therein. Any person who
15willfully signs the annual return containing false or
16inaccurate information shall be guilty of perjury and punished
17accordingly. The annual return form prescribed by the
18Department shall include a warning that the person signing the
19return may be liable for perjury.
20    The foregoing portion of this Section concerning the
21filing of an annual information return shall not apply to an
22operator who is not required to file an income tax return with
23the United States Government.
24(Source: P.A. 102-16, eff. 6-17-21.)
 
25    Section 5-85. The Motor Fuel Tax Law is amended by

 

 

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1changing Section 8 as follows:
 
2    (35 ILCS 505/8)  (from Ch. 120, par. 424)
3    Sec. 8. Distribution of proceeds of tax. Except as
4provided in subsection (a-1) of this Section, Section 8a,
5subdivision (h)(1) of Section 12a, Section 13a.6, and items
613, 14, 15, and 16 of Section 15, all money received by the
7Department under this Act, including payments made to the
8Department by member jurisdictions participating in the
9International Fuel Tax Agreement, shall be deposited into in a
10special fund in the State treasury, to be known as the "Motor
11Fuel Tax Fund", and shall be used as follows:
12    (a) 2 1/2 cents per gallon of the tax collected on special
13fuel under paragraph (b) of Section 2 and Section 13a of this
14Act shall be transferred to the State Construction Account
15Fund in the State Treasury; the remainder of the tax collected
16on special fuel under paragraph (b) of Section 2 and Section
1713a of this Act shall be deposited into the Road Fund;
18    (a-1) Beginning on July 1, 2019, an amount equal to the
19amount of tax collected under subsection (a) of Section 2 and
20Section 13a as a result of the increase in the tax rate under
21subsection (a) of Section 2 authorized by Public Act 101-32
22shall be deposited transferred each month into the
23Transportation Renewal Fund; provided, however, that the
24amount that represents the part (b) portion of the rate under
25Section 13a shall be deposited each month into the Motor Fuel

 

 

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1Tax Fund and the Transportation Renewal Fund in the same
2proportion as the amount collected under subsection (a) of
3Section 2;
4    (b) $420,000 shall be transferred each month to the State
5Boating Act Fund to be used by the Department of Natural
6Resources for the purposes specified in Article X of the Boat
7Registration and Safety Act;
8    (c) $3,500,000 shall be transferred each month to the
9Grade Crossing Protection Fund to be used as follows: not less
10than $12,000,000 each fiscal year shall be used for the
11construction or reconstruction of rail highway grade
12separation structures; $5,500,000 in fiscal year 2022 and each
13fiscal year thereafter shall be transferred to the
14Transportation Regulatory Fund and shall be used to pay the
15cost of administration of the Illinois Commerce Commission's
16railroad safety program in connection with its duties under
17subsection (3) of Section 18c-7401 of the Illinois Vehicle
18Code, with the remainder to be used by the Department of
19Transportation upon order of the Illinois Commerce Commission,
20to pay that part of the cost apportioned by such Commission to
21the State to cover the interest of the public in the use of
22highways, roads, streets, or pedestrian walkways in the county
23highway system, township and district road system, or
24municipal street system as defined in the Illinois Highway
25Code, as the same may from time to time be amended, for
26separation of grades, for installation, construction or

 

 

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1reconstruction of crossing protection or reconstruction,
2alteration, relocation including construction or improvement
3of any existing highway necessary for access to property or
4improvement of any grade crossing and grade crossing surface
5including the necessary highway approaches thereto of any
6railroad across the highway or public road, or for the
7installation, construction, reconstruction, or maintenance of
8safety treatments to deter trespassing or a pedestrian walkway
9over or under a railroad right-of-way, as provided for in and
10in accordance with Section 18c-7401 of the Illinois Vehicle
11Code. The Commission may order up to $2,000,000 per year in
12Grade Crossing Protection Fund moneys for the improvement of
13grade crossing surfaces and up to $300,000 per year for the
14maintenance and renewal of 4-quadrant gate vehicle detection
15systems located at non-high speed rail grade crossings. In
16entering orders for projects for which payments from the Grade
17Crossing Protection Fund will be made, the Commission shall
18account for expenditures authorized by the orders on a cash
19rather than an accrual basis. For purposes of this requirement
20an "accrual basis" assumes that the total cost of the project
21is expended in the fiscal year in which the order is entered,
22while a "cash basis" allocates the cost of the project among
23fiscal years as expenditures are actually made. To meet the
24requirements of this subsection, the Illinois Commerce
25Commission shall develop annual and 5-year project plans of
26rail crossing capital improvements that will be paid for with

 

 

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1moneys from the Grade Crossing Protection Fund. The annual
2project plan shall identify projects for the succeeding fiscal
3year and the 5-year project plan shall identify projects for
4the 5 directly succeeding fiscal years. The Commission shall
5submit the annual and 5-year project plans for this Fund to the
6Governor, the President of the Senate, the Senate Minority
7Leader, the Speaker of the House of Representatives, and the
8Minority Leader of the House of Representatives on the first
9Wednesday in April of each year;
10    (d) of the amount remaining after allocations provided for
11in subsections (a), (a-1), (b), and (c), a sufficient amount
12shall be reserved to pay all of the following:
13        (1) the costs of the Department of Revenue in
14    administering this Act;
15        (2) the costs of the Department of Transportation in
16    performing its duties imposed by the Illinois Highway Code
17    for supervising the use of motor fuel tax funds
18    apportioned to municipalities, counties and road
19    districts;
20        (3) refunds provided for in Section 13, refunds for
21    overpayment of decal fees paid under Section 13a.4 of this
22    Act, and refunds provided for under the terms of the
23    International Fuel Tax Agreement referenced in Section
24    14a;
25        (4) from October 1, 1985 until June 30, 1994, the
26    administration of the Vehicle Emissions Inspection Law,

 

 

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1    which amount shall be certified monthly by the
2    Environmental Protection Agency to the State Comptroller
3    and shall promptly be transferred by the State Comptroller
4    and Treasurer from the Motor Fuel Tax Fund to the Vehicle
5    Inspection Fund, and for the period July 1, 1994 through
6    June 30, 2000, one-twelfth of $25,000,000 each month, for
7    the period July 1, 2000 through June 30, 2003, one-twelfth
8    of $30,000,000 each month, and $15,000,000 on July 1,
9    2003, and $15,000,000 on January 1, 2004, and $15,000,000
10    on each July 1 and October 1, or as soon thereafter as may
11    be practical, during the period July 1, 2004 through June
12    30, 2012, and $30,000,000 on June 1, 2013, or as soon
13    thereafter as may be practical, and $15,000,000 on July 1
14    and October 1, or as soon thereafter as may be practical,
15    during the period of July 1, 2013 through June 30, 2015,
16    for the administration of the Vehicle Emissions Inspection
17    Law of 2005, to be transferred by the State Comptroller
18    and Treasurer from the Motor Fuel Tax Fund into the
19    Vehicle Inspection Fund;
20        (4.5) beginning on July 1, 2019, the costs of the
21    Environmental Protection Agency for the administration of
22    the Vehicle Emissions Inspection Law of 2005 shall be
23    paid, subject to appropriation, from the Motor Fuel Tax
24    Fund into the Vehicle Inspection Fund; beginning in 2019,
25    no later than December 31 of each year, or as soon
26    thereafter as practical, the State Comptroller shall

 

 

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1    direct and the State Treasurer shall transfer from the
2    Vehicle Inspection Fund to the Motor Fuel Tax Fund any
3    balance remaining in the Vehicle Inspection Fund in excess
4    of $2,000,000;
5        (5) amounts ordered paid by the Court of Claims; and
6        (6) payment of motor fuel use taxes due to member
7    jurisdictions under the terms of the International Fuel
8    Tax Agreement. The Department shall certify these amounts
9    to the Comptroller by the 15th day of each month; the
10    Comptroller shall cause orders to be drawn for such
11    amounts, and the Treasurer shall administer those amounts
12    on or before the last day of each month;
13    (e) after allocations for the purposes set forth in
14subsections (a), (a-1), (b), (c), and (d), the remaining
15amount shall be apportioned as follows:
16        (1) Until January 1, 2000, 58.4%, and beginning
17    January 1, 2000, 45.6% shall be deposited as follows:
18            (A) 37% into the State Construction Account Fund,
19        and
20            (B) 63% into the Road Fund, $1,250,000 of which
21        shall be reserved each month for the Department of
22        Transportation to be used in accordance with the
23        provisions of Sections 6-901 through 6-906 of the
24        Illinois Highway Code;
25        (2) Until January 1, 2000, 41.6%, and beginning
26    January 1, 2000, 54.4% shall be transferred to the

 

 

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1    Department of Transportation to be distributed as follows:
2            (A) 49.10% to the municipalities of the State,
3            (B) 16.74% to the counties of the State having
4        1,000,000 or more inhabitants,
5            (C) 18.27% to the counties of the State having
6        less than 1,000,000 inhabitants,
7            (D) 15.89% to the road districts of the State.
8        If a township is dissolved under Article 24 of the
9    Township Code, McHenry County shall receive any moneys
10    that would have been distributed to the township under
11    this subparagraph, except that a municipality that assumes
12    the powers and responsibilities of a road district under
13    paragraph (6) of Section 24-35 of the Township Code shall
14    receive any moneys that would have been distributed to the
15    township in a percent equal to the area of the dissolved
16    road district or portion of the dissolved road district
17    over which the municipality assumed the powers and
18    responsibilities compared to the total area of the
19    dissolved township. The moneys received under this
20    subparagraph shall be used in the geographic area of the
21    dissolved township. If a township is reconstituted as
22    provided under Section 24-45 of the Township Code, McHenry
23    County or a municipality shall no longer be distributed
24    moneys under this subparagraph.
25    As soon as may be after the first day of each month, the
26Department of Transportation shall allot to each municipality

 

 

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1its share of the amount apportioned to the several
2municipalities which shall be in proportion to the population
3of such municipalities as determined by the last preceding
4municipal census if conducted by the Federal Government or
5Federal census. If territory is annexed to any municipality
6subsequent to the time of the last preceding census the
7corporate authorities of such municipality may cause a census
8to be taken of such annexed territory and the population so
9ascertained for such territory shall be added to the
10population of the municipality as determined by the last
11preceding census for the purpose of determining the allotment
12for that municipality. If the population of any municipality
13was not determined by the last Federal census preceding any
14apportionment, the apportionment to such municipality shall be
15in accordance with any census taken by such municipality. Any
16municipal census used in accordance with this Section shall be
17certified to the Department of Transportation by the clerk of
18such municipality, and the accuracy thereof shall be subject
19to approval of the Department which may make such corrections
20as it ascertains to be necessary.
21    As soon as may be after the first day of each month, the
22Department of Transportation shall allot to each county its
23share of the amount apportioned to the several counties of the
24State as herein provided. Each allotment to the several
25counties having less than 1,000,000 inhabitants shall be in
26proportion to the amount of motor vehicle license fees

 

 

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1received from the residents of such counties, respectively,
2during the preceding calendar year. The Secretary of State
3shall, on or before April 15 of each year, transmit to the
4Department of Transportation a full and complete report
5showing the amount of motor vehicle license fees received from
6the residents of each county, respectively, during the
7preceding calendar year. The Department of Transportation
8shall, each month, use for allotment purposes the last such
9report received from the Secretary of State.
10    As soon as may be after the first day of each month, the
11Department of Transportation shall allot to the several
12counties their share of the amount apportioned for the use of
13road districts. The allotment shall be apportioned among the
14several counties in the State in the proportion which the
15total mileage of township or district roads in the respective
16counties bears to the total mileage of all township and
17district roads in the State. Funds allotted to the respective
18counties for the use of road districts therein shall be
19allocated to the several road districts in the county in the
20proportion which the total mileage of such township or
21district roads in the respective road districts bears to the
22total mileage of all such township or district roads in the
23county. After July 1 of any year prior to 2011, no allocation
24shall be made for any road district unless it levied a tax for
25road and bridge purposes in an amount which will require the
26extension of such tax against the taxable property in any such

 

 

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1road district at a rate of not less than either .08% of the
2value thereof, based upon the assessment for the year
3immediately prior to the year in which such tax was levied and
4as equalized by the Department of Revenue or, in DuPage
5County, an amount equal to or greater than $12,000 per mile of
6road under the jurisdiction of the road district, whichever is
7less. Beginning July 1, 2011 and each July 1 thereafter, an
8allocation shall be made for any road district if it levied a
9tax for road and bridge purposes. In counties other than
10DuPage County, if the amount of the tax levy requires the
11extension of the tax against the taxable property in the road
12district at a rate that is less than 0.08% of the value
13thereof, based upon the assessment for the year immediately
14prior to the year in which the tax was levied and as equalized
15by the Department of Revenue, then the amount of the
16allocation for that road district shall be a percentage of the
17maximum allocation equal to the percentage obtained by
18dividing the rate extended by the district by 0.08%. In DuPage
19County, if the amount of the tax levy requires the extension of
20the tax against the taxable property in the road district at a
21rate that is less than the lesser of (i) 0.08% of the value of
22the taxable property in the road district, based upon the
23assessment for the year immediately prior to the year in which
24such tax was levied and as equalized by the Department of
25Revenue, or (ii) a rate that will yield an amount equal to
26$12,000 per mile of road under the jurisdiction of the road

 

 

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1district, then the amount of the allocation for the road
2district shall be a percentage of the maximum allocation equal
3to the percentage obtained by dividing the rate extended by
4the district by the lesser of (i) 0.08% or (ii) the rate that
5will yield an amount equal to $12,000 per mile of road under
6the jurisdiction of the road district.
7    Prior to 2011, if any road district has levied a special
8tax for road purposes pursuant to Sections 6-601, 6-602, and
96-603 of the Illinois Highway Code, and such tax was levied in
10an amount which would require extension at a rate of not less
11than .08% of the value of the taxable property thereof, as
12equalized or assessed by the Department of Revenue, or, in
13DuPage County, an amount equal to or greater than $12,000 per
14mile of road under the jurisdiction of the road district,
15whichever is less, such levy shall, however, be deemed a
16proper compliance with this Section and shall qualify such
17road district for an allotment under this Section. Beginning
18in 2011 and thereafter, if any road district has levied a
19special tax for road purposes under Sections 6-601, 6-602, and
206-603 of the Illinois Highway Code, and the tax was levied in
21an amount that would require extension at a rate of not less
22than 0.08% of the value of the taxable property of that road
23district, as equalized or assessed by the Department of
24Revenue or, in DuPage County, an amount equal to or greater
25than $12,000 per mile of road under the jurisdiction of the
26road district, whichever is less, that levy shall be deemed a

 

 

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1proper compliance with this Section and shall qualify such
2road district for a full, rather than proportionate, allotment
3under this Section. If the levy for the special tax is less
4than 0.08% of the value of the taxable property, or, in DuPage
5County if the levy for the special tax is less than the lesser
6of (i) 0.08% or (ii) $12,000 per mile of road under the
7jurisdiction of the road district, and if the levy for the
8special tax is more than any other levy for road and bridge
9purposes, then the levy for the special tax qualifies the road
10district for a proportionate, rather than full, allotment
11under this Section. If the levy for the special tax is equal to
12or less than any other levy for road and bridge purposes, then
13any allotment under this Section shall be determined by the
14other levy for road and bridge purposes.
15    Prior to 2011, if a township has transferred to the road
16and bridge fund money which, when added to the amount of any
17tax levy of the road district would be the equivalent of a tax
18levy requiring extension at a rate of at least .08%, or, in
19DuPage County, an amount equal to or greater than $12,000 per
20mile of road under the jurisdiction of the road district,
21whichever is less, such transfer, together with any such tax
22levy, shall be deemed a proper compliance with this Section
23and shall qualify the road district for an allotment under
24this Section.
25    In counties in which a property tax extension limitation
26is imposed under the Property Tax Extension Limitation Law,

 

 

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1road districts may retain their entitlement to a motor fuel
2tax allotment or, beginning in 2011, their entitlement to a
3full allotment if, at the time the property tax extension
4limitation was imposed, the road district was levying a road
5and bridge tax at a rate sufficient to entitle it to a motor
6fuel tax allotment and continues to levy the maximum allowable
7amount after the imposition of the property tax extension
8limitation. Any road district may in all circumstances retain
9its entitlement to a motor fuel tax allotment or, beginning in
102011, its entitlement to a full allotment if it levied a road
11and bridge tax in an amount that will require the extension of
12the tax against the taxable property in the road district at a
13rate of not less than 0.08% of the assessed value of the
14property, based upon the assessment for the year immediately
15preceding the year in which the tax was levied and as equalized
16by the Department of Revenue or, in DuPage County, an amount
17equal to or greater than $12,000 per mile of road under the
18jurisdiction of the road district, whichever is less.
19    As used in this Section, the term "road district" means
20any road district, including a county unit road district,
21provided for by the Illinois Highway Code; and the term
22"township or district road" means any road in the township and
23district road system as defined in the Illinois Highway Code.
24For the purposes of this Section, "township or district road"
25also includes such roads as are maintained by park districts,
26forest preserve districts and conservation districts. The

 

 

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1Department of Transportation shall determine the mileage of
2all township and district roads for the purposes of making
3allotments and allocations of motor fuel tax funds for use in
4road districts.
5    Payment of motor fuel tax moneys to municipalities and
6counties shall be made as soon as possible after the allotment
7is made. The treasurer of the municipality or county may
8invest these funds until their use is required and the
9interest earned by these investments shall be limited to the
10same uses as the principal funds.
11(Source: P.A. 101-32, eff. 6-28-19; 101-230, eff. 8-9-19;
12101-493, eff. 8-23-19; 102-16, eff. 6-17-21; 102-558, eff.
138-20-21; 102-699, eff. 4-19-22.)
 
14    Section 5-87. The Illinois Pension Code is amended by
15changing Sections 1A-112, 2-121.1, and 16-132 and by adding
16Sections 2-105.3 and 2-105.4 as follows:
 
17    (40 ILCS 5/1A-112)
18    Sec. 1A-112. Fees.
19    (a) Every pension fund that is required to file an annual
20statement under Section 1A-109 shall pay to the Department an
21annual compliance fee. In the case of a pension fund under
22Article 3 or 4 of this Code, (i) prior to the conclusion of the
23transition period, the annual compliance fee shall be 0.02% (2
24basis points) of the total assets of the pension fund, as

 

 

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1reported in the most current annual statement of the fund, but
2not more than $8,000 and (ii) after the conclusion of the
3transition period, the annual compliance fee shall be $8,000
4and shall be paid by the Consolidated Fund. In the case of all
5other pension funds and retirement systems, the annual
6compliance fee shall be $8,000. Effective July 1, 2023, each
7pension fund established under Article 3 or 4 of this Code
8shall pay an annual compliance fee of at least 0.02% but not
9more than 0.05% of the total assets of the pension fund, as
10reported in the most current annual statement of the fund, to
11the Department of Insurance unless the appropriate
12Consolidated Fund agrees to conduct an audit or examination of
13all pension funds as provided in Section 1A-104. The
14Department shall have the discretion to set the annual
15compliance fee to be paid by each pension fund to cover the
16cost of the compliance audits. The Department shall provide
17written notice to each Article 3 and Article 4 pension fund of
18the amount of the annual compliance fee due not less than 60
19days prior to the fee payment deadline.
20    (b) The annual compliance fee shall be due on June 30 for
21the following State fiscal year, except that the fee payable
22in 1997 for fiscal year 1998 shall be due no earlier than 30
23days following the effective date of this amendatory Act of
241997.
25    (c) Any information obtained by the Division that is
26available to the public under the Freedom of Information Act

 

 

10300HB3817sam003- 215 -LRB103 30519 JDS 62537 a

1and is either compiled in published form or maintained on a
2computer processible medium shall be furnished upon the
3written request of any applicant and the payment of a
4reasonable information services fee established by the
5Director, sufficient to cover the total cost to the Division
6of compiling, processing, maintaining, and generating the
7information. The information may be furnished by means of
8published copy or on a computer processed or computer
9processible medium.
10    No fee may be charged to any person for information that
11the Division is required by law to furnish to that person.
12    (d) Except as otherwise provided in this Section, all fees
13and penalties collected by the Department under this Code
14shall be deposited into the Public Pension Regulation Fund.
15    (e) Fees collected under subsection (c) of this Section
16and money collected under Section 1A-107 shall be deposited
17into the Technology Management Revolving Fund and credited to
18the account of the Department's Public Pension Division. This
19income shall be used exclusively for the purposes set forth in
20Section 1A-107. Notwithstanding the provisions of Section
21408.2 of the Illinois Insurance Code, no surplus funds
22remaining in this account shall be deposited in the Insurance
23Financial Regulation Fund. All money in this account that the
24Director certifies is not needed for the purposes set forth in
25Section 1A-107 of this Code shall be transferred to the Public
26Pension Regulation Fund.

 

 

10300HB3817sam003- 216 -LRB103 30519 JDS 62537 a

1    (f) Nothing in this Code prohibits the General Assembly
2from appropriating funds from the General Revenue Fund to the
3Department for the purpose of administering or enforcing this
4Code.
5(Source: P.A. 100-23, eff. 7-6-17; 101-610, eff. 1-1-20.)
 
6    (40 ILCS 5/2-105.3 new)
7    Sec. 2-105.3. Tier 1 participant; Tier 2 participant.
8    "Tier 1 participant": A participant who first became a
9participant before January 1, 2011.
10    "Tier 2 participant": A participant who first became a
11participant on or after January 1, 2011.
 
12    (40 ILCS 5/2-105.4 new)
13    Sec. 2-105.4. Tier 1 retiree. "Tier 1 retiree" means a
14former Tier 1 participant who has made the election to retire
15and has terminated service.
 
16    (40 ILCS 5/2-121.1)  (from Ch. 108 1/2, par. 2-121.1)
17    Sec. 2-121.1. Survivor's