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1 | | Section 2-10. Definitions. As used in this Act: |
2 | | "Case management" means assessment, planning, |
3 | | coordination, and advocacy services for individuals who need |
4 | | multiple services and require assistance in gaining access to |
5 | | and in using behavioral health, physical health, social, |
6 | | vocational, educational, housing, public income entitlements |
7 | | and other community services to assist the individual in the |
8 | | community. "Case management" may also include identifying and |
9 | | investigating available resources, explaining options to the |
10 | | individual, and linking the individual with necessary |
11 | | resources. |
12 | | "Community-based pretrial supports and services" means |
13 | | voluntary services provided in the community to an individual |
14 | | charged with a criminal offense who has been granted pretrial |
15 | | release. Community-based pretrial supports and services shall |
16 | | be trauma-informed, culturally competent, and designed and |
17 | | delivered according to best practice standards to maximize |
18 | | pretrial success. |
19 | | "Court stakeholders" means Judges, State's Attorneys, |
20 | | defense attorneys including Public Defenders, Sheriffs, police |
21 | | departments, and any other individuals, agencies, or offices |
22 | | or their employees involved in pretrial criminal court |
23 | | proceedings. |
24 | | "Department" means the Department of Human Services. |
25 | | "Detoxification" means the process of withdrawing a person |
26 | | from a specific psychoactive substance in a safe and effective |
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1 | | manner. |
2 | | "Eligible participant" means an Illinois resident charged |
3 | | with a criminal offense who has been granted pretrial release. |
4 | | "Medication assisted treatment" means the prescription of |
5 | | medications that are approved by the U.S. Food and Drug |
6 | | Administration and the Center for Substance Abuse Treatment to |
7 | | assist with treatment for a substance use disorder and to |
8 | | support recovery for individuals receiving services in a |
9 | | facility licensed by the Department. Medication assisted |
10 | | treatment includes opioid treatment services as authorized by |
11 | | a Department license. |
12 | | "Pretrial success" means ensuring court appearances and |
13 | | reducing subsequent involvement with the criminal-legal |
14 | | system. |
15 | | "Service area" means a judicial circuit or group of |
16 | | judicial circuits. |
17 | | Section 2-15. Findings. The General Assembly finds that: |
18 | | (1) The Pretrial Fairness Act defines when an arrested |
19 | | person can be denied pretrial release and prohibits the |
20 | | imposition of financial conditions for release by |
21 | | abolishing money bond. This prevents the pretrial |
22 | | detention of many arrested individuals with mental health |
23 | | or substance use disorders or others who could benefit |
24 | | from community-based supports and services. |
25 | | (2) Because people awaiting trial are legally presumed |
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1 | | innocent, the Illinois Supreme Court Commission on |
2 | | Pretrial Practices recommends, consistent with national |
3 | | best practices, that "conditions and supervision shall not |
4 | | mandate rehabilitative services (substance abuse, mental |
5 | | health, partner abuse intervention programs, etc.) unless |
6 | | the court finds them to be a risk factor directly related |
7 | | to further criminal behavior and failure to appear at |
8 | | court hearings. The inability to pay for such |
9 | | court-ordered services shall not interfere with release." |
10 | | (3) Research shows that mental health and substance |
11 | | use disorder services, including treatment, are generally |
12 | | most effective when participation is voluntary and access |
13 | | is assured. |
14 | | (4) Communities throughout Illinois have significant |
15 | | gaps in the availability of mental health and substance |
16 | | use disorder services and other community-based pretrial |
17 | | supports and services. |
18 | | (5) If services are available, navigating complicated |
19 | | systems can be a barrier to access and success. Services |
20 | | are most effective if they are coordinated with but not |
21 | | duplicative of other programs such as those funded under |
22 | | the Reimagine Public Safety Act. |
23 | | (6) Community-based pretrial supports and services are |
24 | | most effective when delivered by organizations trusted |
25 | | within the community and developed with the input of |
26 | | community members, including those directly impacted by |
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1 | | the criminal-legal system. |
2 | | Section 2-20. Grant making authority. |
3 | | (a) The Department of Human Services shall have |
4 | | grant-making, operational, and procurement authority to |
5 | | distribute funds to local government health and human services |
6 | | agencies, community-based organizations, and other entities |
7 | | necessary to execute the functions established in this Act. |
8 | | (b) Subject to appropriation, the Department shall issue |
9 | | grants to local governmental agencies and community-based |
10 | | organizations to maximize pretrial success each year. Grants |
11 | | shall be awarded no later than January 1, 2025. Grants in |
12 | | subsequent years shall be issued on or before September 1 of |
13 | | the relevant fiscal year and shall allow for pre-award |
14 | | expenditures beginning July 1 of the relevant fiscal year. |
15 | | (c) Beginning in fiscal year 2028 and subject to |
16 | | appropriation, grants shall be awarded for a project period of |
17 | | 3 years, contingent on Department requirements for reporting |
18 | | and successful performance. |
19 | | (d) The Department shall ensure that grants awarded under |
20 | | this Act do not duplicate or supplant grants awarded under the |
21 | | Reimagine Public Safety Act. |
22 | | Section 2-25. Community-based pretrial supports and |
23 | | services. |
24 | | (a) Subject to appropriation, the Department shall make |
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1 | | grants to organizations for community-based pretrial supports |
2 | | and services. |
3 | | (b) The Department shall issue grants to at least one |
4 | | organization in each of the service areas and no more than 3 |
5 | | organizations in each of the service areas with the exception |
6 | | of service areas with a population exceeding 2,000,000. The |
7 | | Department shall issue grants to at least one organization and |
8 | | no more than 10 organizations in service areas with a |
9 | | population exceeding 2,000,000. In fiscal year 2025, each |
10 | | grant shall be for no less than $100,000 and no more than |
11 | | $300,000. In subsequent years, each grant shall be for no less |
12 | | than $100,000 and no more than $500,000 per organization. An |
13 | | organization may receive grants in more than one service area. |
14 | | (c) Organizations receiving grants under this Act shall |
15 | | coordinate services with other organizations and court |
16 | | stakeholders in their service area. Organizations receiving |
17 | | grants under this Act shall coordinate services with the |
18 | | Office of Statewide Pretrial Services to the extent that it |
19 | | operates in their service area. |
20 | | (d) Organizations receiving grants under this Act shall |
21 | | establish eligibility criteria for services. Organizations |
22 | | receiving grants under this Act shall be required to accept |
23 | | referrals of eligible participants from court stakeholders. |
24 | | Organizations receiving grants under this Act may accept |
25 | | referrals of eligible participants from other sources |
26 | | including self-referrals. |
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1 | | (e) An eligible participant shall not be ordered to |
2 | | receive services funded by a grant under this Act unless the |
3 | | person has undergone a validated clinical assessment and the |
4 | | clinical treatment plan includes such services. "Validated |
5 | | clinical assessment" and "clinical treatment plan" have the |
6 | | meanings ascribed to them in Section 10 of the Drug Court |
7 | | Treatment Act. |
8 | | (f) Organizations receiving grants under this Act shall |
9 | | provide the following services directly or through subgrants |
10 | | to other organizations: |
11 | | (1) case management for mental health and substance |
12 | | use disorders; |
13 | | (2) detoxification or referral to detoxification when |
14 | | clinically indicated and available in the community; |
15 | | (3) medication assisted treatment or referral to |
16 | | medication assisted treatment when clinically indicated |
17 | | and available in the community; |
18 | | (4) child care to remove barriers to court |
19 | | appearances; and |
20 | | (5) transportation to court appearances if not |
21 | | available through the Office of Statewide Pretrial |
22 | | Services or other court stakeholders. |
23 | | (g) Organizations receiving grants under this Act may |
24 | | provide the following services directly or through subgrants |
25 | | to other organizations: |
26 | | (1) Behavioral health services, including harm |
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1 | | reduction services, clinical interventions, crisis |
2 | | interventions, and group counseling supports, such as peer |
3 | | support groups, social-emotional learning supports, |
4 | | including skill building for anger management, |
5 | | de-escalation, sensory stabilization, coping strategies, |
6 | | and thoughtful decision-making, short-term clinical |
7 | | individual sessions, and motivational interviewing. |
8 | | (2) Other services necessary to promote pretrial |
9 | | success, as determined by the organization and approved by |
10 | | the Department. |
11 | | (h) Organizations receiving grants under this Act shall |
12 | | ensure that services are accessible to individuals with |
13 | | disabilities and to individuals with limited English |
14 | | proficiency. Organizations receiving grants under this Act |
15 | | shall not deny services to individuals on the basis of |
16 | | immigration status or gender identity. |
17 | | (i) No statement or other disclosure, written or |
18 | | otherwise, made by an eligible participant to an employee of |
19 | | an organization receiving a grant under this Act may be used by |
20 | | the prosecution to prove any crime or offense alleged in the |
21 | | pending case. |
22 | | (j) The Department shall encourage organizations receiving |
23 | | grants under this Act to employ individuals with personal |
24 | | experience with being charged with a felony offense. No later |
25 | | than when grants are first issued under this Act, the |
26 | | Department shall create and execute a Background Check Waiver |
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1 | | Process, limiting the disqualifying offenses, for employees |
2 | | who provide services under this Act. |
3 | | (k) Organizations receiving funds under this Act may |
4 | | utilize up to 5% of awarded grant funds to raise awareness of |
5 | | community-based pretrial supports and services. |
6 | | Section 2-30. Service areas. |
7 | | (a) Each judicial circuit with a population of at least |
8 | | 500,000 constitutes a service area. Each judicial circuit with |
9 | | a population of less than 500,000 shall be combined with at |
10 | | least one other geographically contiguous judicial circuit to |
11 | | constitute a service area with a population of at least |
12 | | 500,000. |
13 | | (b) Resources for each service area shall be distributed |
14 | | based on maximizing the total potential pretrial success. |
15 | | Subject to appropriation, the minimum total annual grant |
16 | | amount awarded in each service area shall be $300,000. In |
17 | | determining the distribution of resources to service areas, |
18 | | the Department shall consider the following factors: |
19 | | (1) service area population and poverty level; |
20 | | (2) the geographic size of a service area; |
21 | | (3) the average number of people charged with felony |
22 | | offenses each year; |
23 | | (4) the number of people incarcerated in the past |
24 | | because of their inability to afford payment of money |
25 | | bond; and |
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1 | | (5) level of Office of Statewide Pretrial Services |
2 | | programming in the counties in the service area. |
3 | | (c) In fiscal year 2025, the Department shall award grants |
4 | | in one service area in each Department region. In subsequent |
5 | | years, the Department shall award grants in all service areas, |
6 | | subject to appropriation. |
7 | | Section 2-35. Local advisory councils. |
8 | | (a) Subject to appropriation, and no later than July 1, |
9 | | 2025, the Department shall create local advisory councils for |
10 | | each of the service areas for the purpose of obtaining |
11 | | recommendations on how to distribute funds in these areas to |
12 | | maximize pretrial success. Local advisory councils shall |
13 | | consist of no fewer than 5 members. At least 40% of members |
14 | | shall have personal experience with being charged with a |
15 | | felony offense in Illinois. At least 20% of members shall have |
16 | | personal experience with a family member being charged with a |
17 | | felony offense in Illinois. Members of the local advisory |
18 | | councils shall serve without compensation except those |
19 | | designated as individuals with personal experience may receive |
20 | | stipends as compensation for their time. |
21 | | (b) The Department shall provide data to each local |
22 | | advisory council on the characteristics of the service area |
23 | | and the availability of community-based pretrial supports and |
24 | | services. The Department shall also provide best available |
25 | | evidence on how to maximize pretrial success. |
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1 | | (c) Each local advisory council shall make recommendations |
2 | | on how to allocate distributed resources and desired goals for |
3 | | its service area based on information provided to them by the |
4 | | Department. |
5 | | (d) Beginning in fiscal year 2026, the Department shall |
6 | | consider the recommendations and determine how to distribute |
7 | | funds through grants to community-based organizations and |
8 | | local governments. To the extent the Department does not |
9 | | follow a local advisory council's recommendation on allocation |
10 | | of funds, the Department shall explain in writing why a |
11 | | different allocation of resources is more likely to maximize |
12 | | pretrial success in the service area. |
13 | | Section 2-40. Medicaid services. |
14 | | (a) Funds awarded under this Act may be used for |
15 | | behavioral health services until July 1, 2027. |
16 | | (b) Any organization being reimbursed from funds awarded |
17 | | under this Act for behavioral health services must also file a |
18 | | plan to become Medicaid certified for behavioral health |
19 | | services under the Illinois Medicaid program on or before July |
20 | | 1, 2027. |
21 | | Section 2-45. Evaluation. |
22 | | (a) The Department shall issue a report to the General |
23 | | Assembly no later than January 1 of each year beginning at |
24 | | least 12 months after grants are first issued under this Act. |
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1 | | The report shall cover the previous fiscal year and identify |
2 | | gaps in community-based pretrial supports and services in each |
3 | | service area, explain the investments that are being made to |
4 | | maximize pretrial success, and make further recommendations on |
5 | | how to build community-based capacity for community-based |
6 | | pretrial supports and services including mental health and |
7 | | substance use disorder treatment. |
8 | | (b) Beginning with the first report issued at least 24 |
9 | | months after grants are first issued under this Act, the |
10 | | annual report shall include an evaluation of the effectiveness |
11 | | of grants under this Act in maximizing pretrial success. The |
12 | | Department shall use community-based participatory research |
13 | | methods and ensure that the evaluation incorporates input from |
14 | | individuals and organizations affected by the Act, including, |
15 | | but not limited to, individuals with personal experience with |
16 | | being charged with a felony offense in Illinois, individuals |
17 | | with personal experience with a family member being charged |
18 | | with a felony offense in Illinois, local government health and |
19 | | human services agencies, community-based organizations, and |
20 | | court stakeholders. The evaluation should be conducted with |
21 | | input from outside expert evaluators when possible. |
22 | | (c) The Department shall consider findings from annual |
23 | | reports and evaluations in developing subsequent years' |
24 | | grantmaking processes, monitoring progress toward local |
25 | | advisory councils' goals, and ensuring equity in the |
26 | | grantmaking process. |
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1 | | Section 2-50. Rulemaking authority. The Department shall |
2 | | adopt rules as are necessary to implement all elements of this |
3 | | Act. |
4 | | Article 3. |
5 | | Section 3-2. The Illinois Administrative Procedure Act is |
6 | | amended by adding Section 5-45.57 as follows: |
7 | | (5 ILCS 100/5-45.57 new) |
8 | | Sec. 5-45.57. Emergency rulemaking; rate increase for |
9 | | direct support personnel and all frontline personnel. To |
10 | | provide for the expeditious and timely implementation of the |
11 | | changes made to Section 74 of the Mental Health and |
12 | | Developmental Disabilities Administrative Act by this |
13 | | amendatory Act of the 103rd General Assembly, emergency rules |
14 | | implementing the changes made to Section 74 of the Mental |
15 | | Health and Developmental Disabilities Administrative Act by |
16 | | this amendatory Act of the 103rd General Assembly may be |
17 | | adopted in accordance with Section 5-45 by the Department of |
18 | | Human Services. The adoption of emergency rules authorized by |
19 | | Section 5-45 and this Section is deemed to be necessary for the |
20 | | public interest, safety, and welfare. |
21 | | This Section is repealed one year after the effective date |
22 | | of this Section. |
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1 | | Section 3-3. The State Employees Group Insurance Act of |
2 | | 1971 is amended by changing Section 6.5 as follows: |
3 | | (5 ILCS 375/6.5) |
4 | | Sec. 6.5. Health benefits for TRS benefit recipients and |
5 | | TRS dependent beneficiaries. |
6 | | (a) Purpose. It is the purpose of this amendatory Act of |
7 | | 1995 to transfer the administration of the program of health |
8 | | benefits established for benefit recipients and their |
9 | | dependent beneficiaries under Article 16 of the Illinois |
10 | | Pension Code to the Department of Central Management Services. |
11 | | (b) Transition provisions. The Board of Trustees of the |
12 | | Teachers' Retirement System shall continue to administer the |
13 | | health benefit program established under Article 16 of the |
14 | | Illinois Pension Code through December 31, 1995. Beginning |
15 | | January 1, 1996, the Department of Central Management Services |
16 | | shall be responsible for administering a program of health |
17 | | benefits for TRS benefit recipients and TRS dependent |
18 | | beneficiaries under this Section. The Department of Central |
19 | | Management Services and the Teachers' Retirement System shall |
20 | | cooperate in this endeavor and shall coordinate their |
21 | | activities so as to ensure a smooth transition and |
22 | | uninterrupted health benefit coverage. |
23 | | (c) Eligibility. All persons who were enrolled in the |
24 | | Article 16 program at the time of the transfer shall be |
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1 | | eligible to participate in the program established under this |
2 | | Section without any interruption or delay in coverage or |
3 | | limitation as to pre-existing medical conditions. Eligibility |
4 | | to participate shall be determined by the Teachers' Retirement |
5 | | System. Eligibility information shall be communicated to the |
6 | | Department of Central Management Services in a format |
7 | | acceptable to the Department. |
8 | | Eligible TRS benefit recipients may enroll or re-enroll in |
9 | | the program of health benefits established under this Section |
10 | | during any applicable annual open enrollment period and as |
11 | | otherwise permitted by the Department of Central Management |
12 | | Services. A TRS benefit recipient shall not be deemed |
13 | | ineligible to participate solely by reason of the TRS benefit |
14 | | recipient having made a previous election to disenroll or |
15 | | otherwise not participate in the program of health benefits. |
16 | | A TRS dependent beneficiary who is a child age 19 or over |
17 | | and mentally or physically disabled does not become ineligible |
18 | | to participate by reason of (i) becoming ineligible to be |
19 | | claimed as a dependent for Illinois or federal income tax |
20 | | purposes or (ii) receiving earned income, so long as those |
21 | | earnings are insufficient for the child to be fully |
22 | | self-sufficient. |
23 | | (d) Coverage. The level of health benefits provided under |
24 | | this Section shall be similar to the level of benefits |
25 | | provided by the program previously established under Article |
26 | | 16 of the Illinois Pension Code. For plan years that begin on |
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1 | | or after January 1, 2025, the health benefit program |
2 | | established under this Section shall include health, dental, |
3 | | and vision benefits. |
4 | | Group life insurance benefits are not included in the |
5 | | benefits to be provided to TRS benefit recipients and TRS |
6 | | dependent beneficiaries under this Act. |
7 | | The program of health benefits under this Section may |
8 | | include any or all of the benefit limitations, including but |
9 | | not limited to a reduction in benefits based on eligibility |
10 | | for federal Medicare benefits, that are provided under |
11 | | subsection (a) of Section 6 of this Act for other health |
12 | | benefit programs under this Act. |
13 | | (e) Insurance rates and premiums. The Director shall |
14 | | determine the insurance rates and premiums for TRS benefit |
15 | | recipients and TRS dependent beneficiaries, and shall present |
16 | | to the Teachers' Retirement System of the State of Illinois, |
17 | | by April 15 of each calendar year, the rate-setting |
18 | | methodology (including but not limited to utilization levels |
19 | | and costs) used to determine the amount of the health care |
20 | | premiums. |
21 | | For Fiscal Year 1996, the premium shall be equal to |
22 | | the premium actually charged in Fiscal Year 1995; in |
23 | | subsequent years, the premium shall never be lower than |
24 | | the premium charged in Fiscal Year 1995. |
25 | | For Fiscal Year 2003, the premium shall not exceed |
26 | | 110% of the premium actually charged in Fiscal Year 2002. |
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1 | | For Fiscal Year 2004, the premium shall not exceed |
2 | | 112% of the premium actually charged in Fiscal Year 2003. |
3 | | For Fiscal Year 2005, the premium shall not exceed a |
4 | | weighted average of 106.6% of the premium actually charged |
5 | | in Fiscal Year 2004. |
6 | | For Fiscal Year 2006, the premium shall not exceed a |
7 | | weighted average of 109.1% of the premium actually charged |
8 | | in Fiscal Year 2005. |
9 | | For Fiscal Year 2007, the premium shall not exceed a |
10 | | weighted average of 103.9% of the premium actually charged |
11 | | in Fiscal Year 2006. |
12 | | For Fiscal Year 2008 and thereafter, the premium in |
13 | | each fiscal year shall not exceed 105% of the premium |
14 | | actually charged in the previous fiscal year. |
15 | | In addition to the premium amount charged for the program |
16 | | of health benefits, in the initial plan year in which the |
17 | | dental and vision benefits are provided, an additional premium |
18 | | of not more than $7.11 per month for each TRS benefit recipient |
19 | | and $28.43 per month for each TRS dependent beneficiary shall |
20 | | be charged. The additional premium shall be used for the |
21 | | purpose of financing the dental and vision benefits for TRS |
22 | | benefit recipients and TRS dependent beneficiaries on and |
23 | | after the effective date of this amendatory Act of the 103rd |
24 | | General Assembly. |
25 | | Rates and premiums may be based in part on age and |
26 | | eligibility for federal medicare coverage. However, the cost |
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1 | | of participation for a TRS dependent beneficiary who is an |
2 | | unmarried child age 19 or over and mentally or physically |
3 | | disabled shall not exceed the cost for a TRS dependent |
4 | | beneficiary who is an unmarried child under age 19 and |
5 | | participates in the same major medical or managed care |
6 | | program. |
7 | | The cost of health benefits under the program shall be |
8 | | paid as follows: |
9 | | (1) For a TRS benefit recipient selecting a managed |
10 | | care program, up to 75% of the total insurance rate shall |
11 | | be paid from the Teacher Health Insurance Security Fund. |
12 | | Effective with Fiscal Year 2007 and thereafter, for a TRS |
13 | | benefit recipient selecting a managed care program, 75% of |
14 | | the total insurance rate shall be paid from the Teacher |
15 | | Health Insurance Security Fund. |
16 | | (2) For a TRS benefit recipient selecting the major |
17 | | medical coverage program, up to 50% of the total insurance |
18 | | rate shall be paid from the Teacher Health Insurance |
19 | | Security Fund if a managed care program is accessible, as |
20 | | determined by the Teachers' Retirement System. Effective |
21 | | with Fiscal Year 2007 and thereafter, for a TRS benefit |
22 | | recipient selecting the major medical coverage program, |
23 | | 50% of the total insurance rate shall be paid from the |
24 | | Teacher Health Insurance Security Fund if a managed care |
25 | | program is accessible, as determined by the Department of |
26 | | Central Management Services. |
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1 | | (3) For a TRS benefit recipient selecting the major |
2 | | medical coverage program, up to 75% of the total insurance |
3 | | rate shall be paid from the Teacher Health Insurance |
4 | | Security Fund if a managed care program is not accessible, |
5 | | as determined by the Teachers' Retirement System. |
6 | | Effective with Fiscal Year 2007 and thereafter, for a TRS |
7 | | benefit recipient selecting the major medical coverage |
8 | | program, 75% of the total insurance rate shall be paid |
9 | | from the Teacher Health Insurance Security Fund if a |
10 | | managed care program is not accessible, as determined by |
11 | | the Department of Central Management Services. |
12 | | (3.1) For a TRS dependent beneficiary who is Medicare |
13 | | primary and enrolled in a managed care plan, or the major |
14 | | medical coverage program if a managed care plan is not |
15 | | available, 25% of the total insurance rate shall be paid |
16 | | from the Teacher Health Security Fund as determined by the |
17 | | Department of Central Management Services. For the purpose |
18 | | of this item (3.1), the term "TRS dependent beneficiary |
19 | | who is Medicare primary" means a TRS dependent beneficiary |
20 | | who is participating in Medicare Parts A and B. |
21 | | (4) Except as otherwise provided in item (3.1), the |
22 | | balance of the rate of insurance, including the entire |
23 | | premium of any coverage for TRS dependent beneficiaries |
24 | | that has been elected, shall be paid by deductions |
25 | | authorized by the TRS benefit recipient to be withheld |
26 | | from his or her monthly annuity or benefit payment from |
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1 | | the Teachers' Retirement System; except that (i) if the |
2 | | balance of the cost of coverage exceeds the amount of the |
3 | | monthly annuity or benefit payment, the difference shall |
4 | | be paid directly to the Teachers' Retirement System by the |
5 | | TRS benefit recipient, and (ii) all or part of the balance |
6 | | of the cost of coverage may, at the school board's option, |
7 | | be paid to the Teachers' Retirement System by the school |
8 | | board of the school district from which the TRS benefit |
9 | | recipient retired, in accordance with Section 10-22.3b of |
10 | | the School Code. The Teachers' Retirement System shall |
11 | | promptly deposit all moneys withheld by or paid to it |
12 | | under this subdivision (e)(4) into the Teacher Health |
13 | | Insurance Security Fund. These moneys shall not be |
14 | | considered assets of the Retirement System. |
15 | | (5) If, for any month beginning on or after January 1, |
16 | | 2013, a TRS benefit recipient or TRS dependent beneficiary |
17 | | was enrolled in Medicare Parts A and B and such Medicare |
18 | | coverage was primary to coverage under this Section but |
19 | | payment for coverage under this Section was made at a rate |
20 | | greater than the Medicare primary rate published by the |
21 | | Department of Central Management Services, the TRS benefit |
22 | | recipient or TRS dependent beneficiary shall be eligible |
23 | | for a refund equal to the difference between the amount |
24 | | paid by the TRS benefit recipient or TRS dependent |
25 | | beneficiary and the published Medicare primary rate. To |
26 | | receive a refund pursuant to this subsection, the TRS |
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1 | | benefit recipient or TRS dependent beneficiary must |
2 | | provide documentation to the Department of Central |
3 | | Management Services evidencing the TRS benefit recipient's |
4 | | or TRS dependent beneficiary's Medicare coverage and the |
5 | | amount paid by the TRS benefit recipient or TRS dependent |
6 | | beneficiary during the applicable time period. |
7 | | (f) Financing. Beginning July 1, 1995, all revenues |
8 | | arising from the administration of the health benefit programs |
9 | | established under Article 16 of the Illinois Pension Code or |
10 | | this Section shall be deposited into the Teacher Health |
11 | | Insurance Security Fund, which is hereby created as a |
12 | | nonappropriated trust fund to be held outside the State |
13 | | Treasury, with the State Treasurer as custodian. Any interest |
14 | | earned on moneys in the Teacher Health Insurance Security Fund |
15 | | shall be deposited into the Fund. |
16 | | Moneys in the Teacher Health Insurance Security Fund shall |
17 | | be used only to pay the costs of the health benefit program |
18 | | established under this Section, including associated |
19 | | administrative costs, and the costs associated with the health |
20 | | benefit program established under Article 16 of the Illinois |
21 | | Pension Code, as authorized in this Section. Beginning July 1, |
22 | | 1995, the Department of Central Management Services may make |
23 | | expenditures from the Teacher Health Insurance Security Fund |
24 | | for those costs. |
25 | | After other funds authorized for the payment of the costs |
26 | | of the health benefit program established under Article 16 of |
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1 | | the Illinois Pension Code are exhausted and until January 1, |
2 | | 1996 (or such later date as may be agreed upon by the Director |
3 | | of Central Management Services and the Secretary of the |
4 | | Teachers' Retirement System), the Secretary of the Teachers' |
5 | | Retirement System may make expenditures from the Teacher |
6 | | Health Insurance Security Fund as necessary to pay up to 75% of |
7 | | the cost of providing health coverage to eligible benefit |
8 | | recipients (as defined in Sections 16-153.1 and 16-153.3 of |
9 | | the Illinois Pension Code) who are enrolled in the Article 16 |
10 | | health benefit program and to facilitate the transfer of |
11 | | administration of the health benefit program to the Department |
12 | | of Central Management Services. |
13 | | The Department of Central Management Services, or any |
14 | | successor agency designated to procure healthcare contracts |
15 | | pursuant to this Act, is authorized to establish funds, |
16 | | separate accounts provided by any bank or banks as defined by |
17 | | the Illinois Banking Act, or separate accounts provided by any |
18 | | savings and loan association or associations as defined by the |
19 | | Illinois Savings and Loan Act of 1985 to be held by the |
20 | | Director, outside the State treasury, for the purpose of |
21 | | receiving the transfer of moneys from the Teacher Health |
22 | | Insurance Security Fund. The Department may promulgate rules |
23 | | further defining the methodology for the transfers. Any |
24 | | interest earned by moneys in the funds or accounts shall inure |
25 | | to the Teacher Health Insurance Security Fund. The transferred |
26 | | moneys, and interest accrued thereon, shall be used |
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1 | | exclusively for transfers to administrative service |
2 | | organizations or their financial institutions for payments of |
3 | | claims to claimants and providers under the self-insurance |
4 | | health plan. The transferred moneys, and interest accrued |
5 | | thereon, shall not be used for any other purpose including, |
6 | | but not limited to, reimbursement of administration fees due |
7 | | the administrative service organization pursuant to its |
8 | | contract or contracts with the Department. |
9 | | (g) Contract for benefits. The Director shall by contract, |
10 | | self-insurance, or otherwise make available the program of |
11 | | health benefits for TRS benefit recipients and their TRS |
12 | | dependent beneficiaries that is provided for in this Section. |
13 | | The contract or other arrangement for the provision of these |
14 | | health benefits shall be on terms deemed by the Director to be |
15 | | in the best interest of the State of Illinois and the TRS |
16 | | benefit recipients based on, but not limited to, such criteria |
17 | | as administrative cost, service capabilities of the carrier or |
18 | | other contractor, and the costs of the benefits. |
19 | | (g-5) Committee. A Teacher Retirement Insurance Program |
20 | | Committee shall be established, to consist of 10 persons |
21 | | appointed by the Governor. |
22 | | The Committee shall convene at least 4 times each year, |
23 | | and shall consider and make recommendations on issues |
24 | | affecting the program of health benefits provided under this |
25 | | Section. Recommendations of the Committee shall be based on a |
26 | | consensus of the members of the Committee. |
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1 | | If the Teacher Health Insurance Security Fund experiences |
2 | | a deficit balance based upon the contribution and subsidy |
3 | | rates established in this Section and Section 6.6 for Fiscal |
4 | | Year 2008 or thereafter, the Committee shall make |
5 | | recommendations for adjustments to the funding sources |
6 | | established under these Sections. |
7 | | In addition, the Committee shall identify proposed |
8 | | solutions to the funding shortfalls that are affecting the |
9 | | Teacher Health Insurance Security Fund, and it shall report |
10 | | those solutions to the Governor and the General Assembly |
11 | | within 6 months after August 15, 2011 (the effective date of |
12 | | Public Act 97-386). |
13 | | (h) Continuation of program. It is the intention of the |
14 | | General Assembly that the program of health benefits provided |
15 | | under this Section be maintained on an ongoing, affordable |
16 | | basis. |
17 | | The program of health benefits provided under this Section |
18 | | may be amended by the State and is not intended to be a pension |
19 | | or retirement benefit subject to protection under Article |
20 | | XIII, Section 5 of the Illinois Constitution. |
21 | | (i) Repeal. (Blank). |
22 | | (Source: P.A. 101-483, eff. 1-1-20; 102-210, eff. 7-30-21.) |
23 | | Section 3-4. The Attorney General Act is amended by |
24 | | changing Section 4a as follows: |
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1 | | (15 ILCS 205/4a) (from Ch. 14, par. 4a) |
2 | | Sec. 4a. Attorneys and investigators appointed by the |
3 | | attorney general, and on his payroll, when authorized by the |
4 | | attorney general or his designee, may expend such sums as the |
5 | | attorney general or his designee deems necessary for any one |
6 | | or more of the following: the purchase of items for evidence ; , |
7 | | the advancement of fees in cases before United States courts |
8 | | or other State courts ; , and in the payment of expert witness |
9 | | expenses and witness fees, including expert witness fees; or |
10 | | subpoena fees. |
11 | | Funds for making expenditures authorized in this Section |
12 | | shall be advanced from funds appropriated or made available by |
13 | | law for the support or use of the office of attorney general or |
14 | | vouchers therefor signed by the attorney general or his |
15 | | designee. Sums so advanced may be paid to the attorney or |
16 | | investigator authorized to receive the advancement, or may be |
17 | | made payable to the ultimate recipient. Any expenditures under |
18 | | this Section shall be audited by the auditor general as part of |
19 | | any mandated audit conducted in compliance with Section 3-2 of |
20 | | the Illinois State Auditing Act. |
21 | | (Source: P.A. 95-331, eff. 8-21-07.) |
22 | | Section 3-6. The Substance Use Disorder Act is amended by |
23 | | adding Section 5-30 as follows: |
24 | | (20 ILCS 301/5-30 new) |
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1 | | Sec. 5-30. Substance Use Disorder Treatment Locator. |
2 | | Subject to appropriation, the Department of Human Services |
3 | | shall issue a request for proposal to establish a supplemental |
4 | | substance use disorder treatment locator that can compare and |
5 | | assess addiction treatment facilities to identify high-quality |
6 | | providers and provide a publicly available search function for |
7 | | patients, health care providers, and first responders to find |
8 | | substance use disorder providers. The supplemental treatment |
9 | | locator shall integrate with the Illinois Helpline and provide |
10 | | annual surveys on both providers and patient experiences that |
11 | | aid in identifying high-quality providers to better aid |
12 | | decision making for patients, health care providers, and first |
13 | | responders to find substance use disorder treatment. |
14 | | Section 3-7. The Children and Family Services Act is |
15 | | amended by changing Sections 4a and 17a-4 as follows: |
16 | | (20 ILCS 505/4a) (from Ch. 23, par. 5004a) |
17 | | Sec. 4a. (a) To administer child abuse prevention shelters |
18 | | and service programs for abused and neglected children, or |
19 | | provide for their administration by not-for-profit |
20 | | corporations, community-based organizations or units of local |
21 | | government. |
22 | | The Department is hereby designated the single State |
23 | | agency for planning and coordination of child abuse and |
24 | | neglect prevention programs and services. On or before the |
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1 | | first Friday in October of each year, the Department shall |
2 | | submit to the Governor and the General Assembly a State |
3 | | comprehensive child abuse and neglect prevention plan. The |
4 | | plan shall: identify priorities, goals and objectives; |
5 | | identify the resources necessary to implement the plan, |
6 | | including estimates of resources needed to investigate or |
7 | | otherwise process reports of suspected child abuse or neglect |
8 | | and to provide necessary follow-up services for child |
9 | | protection, family preservation and family reunification in |
10 | | "indicated" cases as determined under the Abused and Neglected |
11 | | Child Reporting Act; make proposals for the most effective use |
12 | | of existing resources to implement the plan, including |
13 | | recommendations for the optimum use of private, local public, |
14 | | State and federal resources; and propose strategies for the |
15 | | development of additional resources to meet the goal of |
16 | | reducing the incidence of child abuse and neglect and reducing |
17 | | the number of reports of suspected child abuse and neglect |
18 | | made to the Department. |
19 | | (b) The administration of child abuse prevention, shelters |
20 | | and service programs under subsection (a) shall be funded in |
21 | | part by appropriations made from the Child Abuse Prevention |
22 | | Fund, which is hereby created in the State Treasury, and in |
23 | | part by appropriations from the General Revenue Fund. All |
24 | | interest earned on monies in the Child Abuse Prevention Fund |
25 | | shall remain in such fund. The Department and the State |
26 | | Treasurer may accept funds as provided by Sections 507 and 508 |
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1 | | of the Illinois Income Tax Act and unsolicited private |
2 | | donations for deposit into the Child Abuse Prevention Fund. |
3 | | Annual requests for appropriations for the purpose of |
4 | | providing child abuse and neglect prevention programs and |
5 | | services under this Section shall be made in separate and |
6 | | distinct line-items. In setting priorities for the direction |
7 | | and scope of such programs, the Director shall be advised by |
8 | | the State-wide Citizen's Committee on Child Abuse and Neglect. |
9 | | (c) (Blank). Where the Department contracts with outside |
10 | | agencies to operate the shelters or programs, such outside |
11 | | agencies may receive funding from the Department, except that |
12 | | the shelters must certify a 20% financial match for operating |
13 | | expenses of their programs. In selecting the outside agencies |
14 | | to administer child shelters and service programs, and in |
15 | | allocating funds for such agencies, the Department shall give |
16 | | priority to new and existing shelters or programs offering the |
17 | | broadest range of services to the community served. |
18 | | (d) The Department shall have the power to make grants of |
19 | | monies to fund comprehensive community-based services to |
20 | | reduce the incidence of family dysfunction typified by child |
21 | | abuse and neglect; to diminish those factors found to increase |
22 | | family dysfunction; and to measure the effectiveness and costs |
23 | | of such services. |
24 | | (e) For implementing such intergovernmental cooperation |
25 | | and involvement, units of local government and public and |
26 | | private agencies may apply for and receive federal or State |
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1 | | funds from the Department under this Act or seek and receive |
2 | | gifts from local philanthropic or other private local sources |
3 | | in order to augment any State funds appropriated for the |
4 | | purposes of this Act. |
5 | | (e-5) The Department may establish and maintain locally |
6 | | held funds to be individually known as the Youth in Care |
7 | | Support Fund. Moneys in these funds shall be used for |
8 | | purchases for the immediate needs of youth in care or for the |
9 | | immediate support needs of youth, families, and caregivers |
10 | | served by the Department. Moneys paid into funds shall be from |
11 | | appropriations made to the DCFS Children's Services Fund. |
12 | | Funds remaining in any Youth in Care Support Fund must be |
13 | | returned to the DCFS Children's Services Fund upon |
14 | | dissolution. Any warrant for payment to a vendor for the same |
15 | | product or service for a youth in care shall be payable to the |
16 | | Department to reimburse the immediate payment from the Youth |
17 | | in Care Support Fund. |
18 | | (f) For the purposes of this Section: |
19 | | (1) The terms "abused child" and "neglected child" |
20 | | have meanings ascribed to them in Section 3 of the Abused |
21 | | and Neglected Child Reporting Act. |
22 | | (2) "Shelter" has the meaning ascribed to it in |
23 | | Section 1-3 of the Juvenile Court Act of 1987. |
24 | | (Source: P.A. 103-259, eff. 1-1-24 .) |
25 | | (20 ILCS 505/17a-4) (from Ch. 23, par. 5017a-4) |
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1 | | Sec. 17a-4. Grants for community-based youth services; |
2 | | Department of Human Services. |
3 | | (a) The Department of Human Services shall make grants for |
4 | | the purpose of planning, establishing, operating, coordinating |
5 | | and evaluating programs aimed at reducing or eliminating the |
6 | | involvement of youth in the child welfare or juvenile justice |
7 | | systems. The programs shall include those providing for more |
8 | | comprehensive and integrated community-based youth services |
9 | | including Unified Delinquency Intervention Services programs |
10 | | and for community services programs. The Department may |
11 | | authorize advance disbursement of funds for such youth |
12 | | services programs. When the appropriation for "comprehensive |
13 | | community-based service to youth" is equal to or exceeds |
14 | | $5,000,000, the Department shall allocate the total amount of |
15 | | such appropriated funds in the following manner: |
16 | | (1) no more than 20% of the grant funds appropriated |
17 | | shall be awarded by the Department for new program |
18 | | development and innovation; |
19 | | (2) not less than 80% of grant funds appropriated |
20 | | shall be allocated to community-based youth services |
21 | | programs based upon population of youth under 18 years of |
22 | | age and other demographic variables defined by the |
23 | | Department of Human Services by rule, which may include |
24 | | weighting for service priorities relating to special needs |
25 | | identified in the annual plans of the regional youth |
26 | | planning committees established under this Act; and |
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1 | | (3) if any amount so allocated under paragraph (2) of |
2 | | this subsection (a) remains unobligated such funds shall |
3 | | be reallocated in a manner equitable and consistent with |
4 | | the purpose of paragraph (2) of this subsection (a) . ; and |
5 | | (4) the local boards or local service systems shall |
6 | | certify prior to receipt of grant funds from the |
7 | | Department of Human Services that a 10% local public or |
8 | | private financial or in-kind commitment is allocated to |
9 | | supplement the State grant. |
10 | | (b) Notwithstanding any provision in this Act or rules |
11 | | promulgated under this Act to the contrary, unless expressly |
12 | | prohibited by federal law or regulation, all individuals, |
13 | | corporations, or other entities that provide medical or mental |
14 | | health services, whether organized as for-profit or |
15 | | not-for-profit entities, shall be eligible for consideration |
16 | | by the Department of Human Services to participate in any |
17 | | program funded or administered by the Department. This |
18 | | subsection shall not apply to the receipt of federal funds |
19 | | administered and transferred by the Department for services |
20 | | when the federal government has specifically provided that |
21 | | those funds may be received only by those entities organized |
22 | | as not-for-profit entities. |
23 | | (Source: P.A. 89-392, eff. 8-20-95; 89-507, eff. 7-1-97; |
24 | | 90-655, eff. 7-30-98.) |
25 | | Section 3-8. The Department of Commerce and Economic |
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1 | | Opportunity Law of the Civil Administrative Code of Illinois |
2 | | is amended by changing Section 605-705 as follows: |
3 | | (20 ILCS 605/605-705) (was 20 ILCS 605/46.6a) |
4 | | Sec. 605-705. Grants to local tourism and convention |
5 | | bureaus. |
6 | | (a) To establish a grant program for local tourism and |
7 | | convention bureaus. The Department will develop and implement |
8 | | a program for the use of funds, as authorized under this Act, |
9 | | by local tourism and convention bureaus. For the purposes of |
10 | | this Act, bureaus eligible to receive funds are those local |
11 | | tourism and convention bureaus that are (i) either units of |
12 | | local government or incorporated as not-for-profit |
13 | | organizations; (ii) in legal existence for a minimum of 2 |
14 | | years before July 1, 2001; (iii) operating with a paid, |
15 | | full-time staff whose sole purpose is to promote tourism in |
16 | | the designated service area; and (iv) affiliated with one or |
17 | | more municipalities or counties that support the bureau with |
18 | | local hotel-motel taxes. After July 1, 2001, bureaus |
19 | | requesting certification in order to receive funds for the |
20 | | first time must be local tourism and convention bureaus that |
21 | | are (i) either units of local government or incorporated as |
22 | | not-for-profit organizations; (ii) in legal existence for a |
23 | | minimum of 2 years before the request for certification; (iii) |
24 | | operating with a paid, full-time staff whose sole purpose is |
25 | | to promote tourism in the designated service area; and (iv) |
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1 | | affiliated with multiple municipalities or counties that |
2 | | support the bureau with local hotel-motel taxes. Each bureau |
3 | | receiving funds under this Act will be certified by the |
4 | | Department as the designated recipient to serve an area of the |
5 | | State. Notwithstanding the criteria set forth in this |
6 | | subsection (a), or any rule adopted under this subsection (a), |
7 | | the Director of the Department may provide for the award of |
8 | | grant funds to one or more entities if in the Department's |
9 | | judgment that action is necessary in order to prevent a loss of |
10 | | funding critical to promoting tourism in a designated |
11 | | geographic area of the State. |
12 | | (b) To distribute grants to local tourism and convention |
13 | | bureaus from appropriations made from the Local Tourism Fund |
14 | | for that purpose. Of the amounts appropriated annually to the |
15 | | Department for expenditure under this Section prior to July 1, |
16 | | 2011, one-third of those monies shall be used for grants to |
17 | | convention and tourism bureaus in cities with a population |
18 | | greater than 500,000. The remaining two-thirds of the annual |
19 | | appropriation prior to July 1, 2011 shall be used for grants to |
20 | | convention and tourism bureaus in the remainder of the State, |
21 | | in accordance with a formula based upon the population served. |
22 | | Of the amounts appropriated annually to the Department for |
23 | | expenditure under this Section beginning July 1, 2011, 18% of |
24 | | such moneys shall be used for grants to convention and tourism |
25 | | bureaus in cities with a population greater than 500,000. Of |
26 | | the amounts appropriated annually to the Department for |
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1 | | expenditure under this Section beginning July 1, 2011, 82% of |
2 | | such moneys shall be used for grants to convention bureaus in |
3 | | the remainder of the State, in accordance with a formula based |
4 | | upon the population served. The Department may reserve up to |
5 | | 3% of total local tourism funds available for costs of |
6 | | administering the program to conduct audits of grants, to |
7 | | provide incentive funds to those bureaus that will conduct |
8 | | promotional activities designed to further the Department's |
9 | | statewide advertising campaign, to fund special statewide |
10 | | promotional activities, and to fund promotional activities |
11 | | that support an increased use of the State's parks or historic |
12 | | sites. The Department shall require that any convention and |
13 | | tourism bureau receiving a grant under this Section that |
14 | | requires matching funds shall provide matching funds equal to |
15 | | no less than 50% of the grant amount , except that : (1) in |
16 | | Fiscal Years 2021 through 2024 only, the Department shall |
17 | | require that any convention and tourism bureau receiving a |
18 | | grant under this Section that requires matching funds shall |
19 | | provide matching funds equal to no less than 25% of the grant |
20 | | amount ; (2) in Fiscal Year 2025, the Department shall require |
21 | | that any convention and tourism bureau receiving a grant under |
22 | | this Section that requires matching funds shall provide |
23 | | matching funds equal to no less than 30% of the grant amount; |
24 | | and (3) in Fiscal Year 2026, the Department shall require that |
25 | | any convention and tourism bureau receiving a grant under this |
26 | | Section that requires matching funds shall provide matching |
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1 | | funds equal to no less than 40% of the grant amount . During |
2 | | fiscal year 2013, the Department shall reserve $2,000,000 of |
3 | | the available local tourism funds for appropriation to the |
4 | | Historic Preservation Agency for the operation of the Abraham |
5 | | Lincoln Presidential Library and Museum and State historic |
6 | | sites. |
7 | | To provide for the expeditious and timely implementation |
8 | | of the changes made by Public Act 101-636, emergency rules to |
9 | | implement the changes made by Public Act 101-636 may be |
10 | | adopted by the Department subject to the provisions of Section |
11 | | 5-45 of the Illinois Administrative Procedure Act. |
12 | | (Source: P.A. 102-16, eff. 6-17-21; 102-699, eff. 4-19-22; |
13 | | 103-8, eff. 6-7-23.) |
14 | | Section 3-9. The Mental Health and Developmental |
15 | | Disabilities Administrative Act is amended by changing Section |
16 | | 74 as follows: |
17 | | (20 ILCS 1705/74) |
18 | | Sec. 74. Rates and reimbursements. |
19 | | (a) Within 30 days after July 6, 2017 (the effective date |
20 | | of Public Act 100-23), the Department shall increase rates and |
21 | | reimbursements to fund a minimum of a $0.75 per hour wage |
22 | | increase for front-line personnel, including, but not limited |
23 | | to, direct support professionals, aides, front-line |
24 | | supervisors, qualified intellectual disabilities |
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1 | | professionals, nurses, and non-administrative support staff |
2 | | working in community-based provider organizations serving |
3 | | individuals with developmental disabilities. The Department |
4 | | shall adopt rules, including emergency rules under subsection |
5 | | (y) of Section 5-45 of the Illinois Administrative Procedure |
6 | | Act, to implement the provisions of this Section. |
7 | | (b) Rates and reimbursements. Within 30 days after June 4, |
8 | | 2018 (the effective date of Public Act 100-587), the |
9 | | Department shall increase rates and reimbursements to fund a |
10 | | minimum of a $0.50 per hour wage increase for front-line |
11 | | personnel, including, but not limited to, direct support |
12 | | professionals, aides, front-line supervisors, qualified |
13 | | intellectual disabilities professionals, nurses, and |
14 | | non-administrative support staff working in community-based |
15 | | provider organizations serving individuals with developmental |
16 | | disabilities. The Department shall adopt rules, including |
17 | | emergency rules under subsection (bb) of Section 5-45 of the |
18 | | Illinois Administrative Procedure Act, to implement the |
19 | | provisions of this Section. |
20 | | (c) Rates and reimbursements. Within 30 days after June 5, |
21 | | 2019 (the effective date of Public Act 101-10), subject to |
22 | | federal approval, the Department shall increase rates and |
23 | | reimbursements in effect on June 30, 2019 for community-based |
24 | | providers for persons with Developmental Disabilities by 3.5% |
25 | | The Department shall adopt rules, including emergency rules |
26 | | under subsection (jj) of Section 5-45 of the Illinois |
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1 | | Administrative Procedure Act, to implement the provisions of |
2 | | this Section, including wage increases for direct care staff. |
3 | | (d) For community-based providers serving persons with |
4 | | intellectual/developmental disabilities, subject to federal |
5 | | approval of any relevant Waiver Amendment, the rates taking |
6 | | effect for services delivered on or after January 1, 2022, |
7 | | shall include an increase in the rate methodology sufficient |
8 | | to provide a $1.50 per hour wage increase for direct support |
9 | | professionals in residential settings and sufficient to |
10 | | provide wages for all residential non-executive direct care |
11 | | staff, excluding direct support professionals, at the federal |
12 | | Department of Labor, Bureau of Labor Statistics' average wage |
13 | | as defined in rule by the Department. |
14 | | The establishment of and any changes to the rate |
15 | | methodologies for community-based services provided to persons |
16 | | with intellectual/developmental disabilities are subject to |
17 | | federal approval of any relevant Waiver Amendment and shall be |
18 | | defined in rule by the Department. The Department shall adopt |
19 | | rules, including emergency rules as authorized by Section 5-45 |
20 | | of the Illinois Administrative Procedure Act, to implement the |
21 | | provisions of this subsection (d). |
22 | | (e) For community-based providers serving persons with |
23 | | intellectual/developmental disabilities, subject to federal |
24 | | approval of any relevant Waiver Amendment, the rates taking |
25 | | effect for services delivered on or after January 1, 2023, |
26 | | shall include an increase in the rate methodology sufficient |
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1 | | to provide a $1.00 per hour wage increase for all direct |
2 | | support professionals and all other frontline personnel who |
3 | | are not subject to the Bureau of Labor Statistics' average |
4 | | wage increases, who work in residential and community day |
5 | | services settings, with at least $0.50 of those funds to be |
6 | | provided as a direct increase to base wages, with the |
7 | | remaining $0.50 to be used flexibly for base wage increases. |
8 | | In addition, the rates taking effect for services delivered on |
9 | | or after January 1, 2023 shall include an increase sufficient |
10 | | to provide wages for all residential non-executive direct care |
11 | | staff, excluding direct support professionals, at the federal |
12 | | Department of Labor, Bureau of Labor Statistics' average wage |
13 | | as defined in rule by the Department. |
14 | | The establishment of and any changes to the rate |
15 | | methodologies for community-based services provided to persons |
16 | | with intellectual/developmental disabilities are subject to |
17 | | federal approval of any relevant Waiver Amendment and shall be |
18 | | defined in rule by the Department. The Department shall adopt |
19 | | rules, including emergency rules as authorized by Section 5-45 |
20 | | of the Illinois Administrative Procedure Act, to implement the |
21 | | provisions of this subsection. |
22 | | (f) For community-based providers serving persons with |
23 | | intellectual/developmental disabilities, subject to federal |
24 | | approval of any relevant Waiver Amendment, the rates taking |
25 | | effect for services delivered on or after January 1, 2024 |
26 | | shall include an increase in the rate methodology sufficient |
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1 | | to provide a $2.50 per hour wage increase for all direct |
2 | | support professionals and all other frontline personnel who |
3 | | are not subject to the Bureau of Labor Statistics' average |
4 | | wage increases and who work in residential and community day |
5 | | services settings. At least $1.25 of the per hour wage |
6 | | increase shall be provided as a direct increase to base wages, |
7 | | and the remaining $1.25 of the per hour wage increase shall be |
8 | | used flexibly for base wage increases. In addition, the rates |
9 | | taking effect for services delivered on or after January 1, |
10 | | 2024 shall include an increase sufficient to provide wages for |
11 | | all residential non-executive direct care staff, excluding |
12 | | direct support professionals, at the federal Department of |
13 | | Labor, Bureau of Labor Statistics' average wage as defined in |
14 | | rule by the Department. |
15 | | The establishment of and any changes to the rate |
16 | | methodologies for community-based services provided to persons |
17 | | with intellectual/developmental disabilities are subject to |
18 | | federal approval of any relevant Waiver Amendment and shall be |
19 | | defined in rule by the Department. The Department shall adopt |
20 | | rules, including emergency rules as authorized by Section 5-45 |
21 | | of the Illinois Administrative Procedure Act, to implement the |
22 | | provisions of this subsection. |
23 | | (g) For community-based providers serving persons with |
24 | | intellectual or developmental disabilities, subject to federal |
25 | | approval of any relevant Waiver Amendment, the rates taking |
26 | | effect for services delivered on or after January 1, 2025 |
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1 | | shall include an increase in the rate methodology sufficient |
2 | | to provide a $1 per hour wage rate increase for all direct |
3 | | support personnel and all other frontline personnel who are |
4 | | not subject to the Bureau of Labor Statistics' average wage |
5 | | increases and who work in residential and community day |
6 | | services settings, with at least $0.75 of those funds to be |
7 | | provided as a direct increase to base wages and the remaining |
8 | | $0.25 to be used flexibly for base wage increases. These |
9 | | increases shall not be used by community-based providers for |
10 | | operational or administrative expenses. In addition, the rates |
11 | | taking effect for services delivered on or after January 1, |
12 | | 2025 shall include an increase sufficient to provide wages for |
13 | | all residential non-executive direct care staff, excluding |
14 | | direct support personnel, at the federal Department of Labor, |
15 | | Bureau of Labor Statistics' average wage as defined by rule by |
16 | | the Department. For services delivered on or after January 1, |
17 | | 2025, the rates shall include adjustments to |
18 | | employment-related expenses as defined by rule by the |
19 | | Department. |
20 | | The establishment of and any changes to the rate |
21 | | methodologies for community-based services provided to persons |
22 | | with intellectual or developmental disabilities are subject to |
23 | | federal approval of any relevant Waiver Amendment and shall be |
24 | | defined in rule by the Department. The Department shall adopt |
25 | | rules, including emergency rules as authorized by Section 5-45 |
26 | | of the Illinois Administrative Procedure Act, to implement the |
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1 | | provisions of this subsection. |
2 | | (Source: P.A. 102-16, eff. 6-17-21; 102-699, eff. 4-19-22; |
3 | | 102-830, eff. 1-1-23; 103-8, eff. 6-7-23; 103-154, eff. |
4 | | 6-30-23.) |
5 | | Section 3-10. The Governor's Office of Management and |
6 | | Budget Act is amended by adding Section 7.4 as follows: |
7 | | (20 ILCS 3005/7.4 new) |
8 | | Sec. 7.4. Monthly revenues reporting. No later than the |
9 | | 15th day following the end of each month, the Office shall |
10 | | prepare and publish a written report including, at a minimum, |
11 | | the following information: |
12 | | (1) year-to-date general funds revenues as compared to |
13 | | anticipated revenues; |
14 | | (2) year-to-date general funds expenditures as |
15 | | compared to the then current fiscal year budget as |
16 | | enacted; and |
17 | | (3) any transfers between budget lines pursuant to |
18 | | Section 13.2 of the State Finance Act exceeding 2%. |
19 | | Section 3-11. The Illinois Emergency Management Agency Act |
20 | | is amended by changing Section 5 as follows: |
21 | | (20 ILCS 3305/5) (from Ch. 127, par. 1055) |
22 | | Sec. 5. Illinois Emergency Management Agency. |
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1 | | (a) There is created within the executive branch of the |
2 | | State Government an Illinois Emergency Management Agency and a |
3 | | Director of the Illinois Emergency Management Agency, herein |
4 | | called the "Director" who shall be the head thereof. The |
5 | | Director shall be appointed by the Governor, with the advice |
6 | | and consent of the Senate, and shall serve for a term of 2 |
7 | | years beginning on the third Monday in January of the |
8 | | odd-numbered year, and until a successor is appointed and has |
9 | | qualified; except that the term of the first Director |
10 | | appointed under this Act shall expire on the third Monday in |
11 | | January, 1989. The Director shall not hold any other |
12 | | remunerative public office. For terms beginning after January |
13 | | 18, 2019 (the effective date of Public Act 100-1179) and |
14 | | before January 16, 2023, the annual salary of the Director |
15 | | shall be as provided in Section 5-300 of the Civil |
16 | | Administrative Code of Illinois. Notwithstanding any other |
17 | | provision of law, for terms beginning on or after January 16, |
18 | | 2023, the Director shall receive an annual salary of $180,000 |
19 | | or as set by the Governor, whichever is higher. On July 1, |
20 | | 2023, and on each July 1 thereafter, the Director shall |
21 | | receive an increase in salary based on a cost of living |
22 | | adjustment as authorized by Senate Joint Resolution 192 of the |
23 | | 86th General Assembly. |
24 | | For terms beginning on or after January 16, 2023, the |
25 | | Assistant Director of the Illinois Emergency Management Agency |
26 | | shall receive an annual salary of $156,600 or as set by the |
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1 | | Governor, whichever is higher. On July 1, 2023, and on each |
2 | | July 1 thereafter, the Assistant Director shall receive an |
3 | | increase in salary based on a cost of living adjustment as |
4 | | authorized by Senate Joint Resolution 192 of the 86th General |
5 | | Assembly. |
6 | | (b) The Illinois Emergency Management Agency shall obtain, |
7 | | under the provisions of the Personnel Code, technical, |
8 | | clerical, stenographic and other administrative personnel, and |
9 | | may make expenditures within the appropriation therefor as may |
10 | | be necessary to carry out the purpose of this Act. The agency |
11 | | created by this Act is intended to be a successor to the agency |
12 | | created under the Illinois Emergency Services and Disaster |
13 | | Agency Act of 1975 and the personnel, equipment, records, and |
14 | | appropriations of that agency are transferred to the successor |
15 | | agency as of June 30, 1988 (the effective date of this Act). |
16 | | (c) The Director, subject to the direction and control of |
17 | | the Governor, shall be the executive head of the Illinois |
18 | | Emergency Management Agency and the State Emergency Response |
19 | | Commission and shall be responsible under the direction of the |
20 | | Governor, for carrying out the program for emergency |
21 | | management of this State. The Director shall also maintain |
22 | | liaison and cooperate with the emergency management |
23 | | organizations of this State and other states and of the |
24 | | federal government. |
25 | | (d) The Illinois Emergency Management Agency shall take an |
26 | | integral part in the development and revision of political |
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1 | | subdivision emergency operations plans prepared under |
2 | | paragraph (f) of Section 10. To this end it shall employ or |
3 | | otherwise secure the services of professional and technical |
4 | | personnel capable of providing expert assistance to the |
5 | | emergency services and disaster agencies. These personnel |
6 | | shall consult with emergency services and disaster agencies on |
7 | | a regular basis and shall make field examinations of the |
8 | | areas, circumstances, and conditions that particular political |
9 | | subdivision emergency operations plans are intended to apply. |
10 | | (e) The Illinois Emergency Management Agency and political |
11 | | subdivisions shall be encouraged to form an emergency |
12 | | management advisory committee composed of private and public |
13 | | personnel representing the emergency management phases of |
14 | | mitigation, preparedness, response, and recovery. The Local |
15 | | Emergency Planning Committee, as created under the Illinois |
16 | | Emergency Planning and Community Right to Know Act, shall |
17 | | serve as an advisory committee to the emergency services and |
18 | | disaster agency or agencies serving within the boundaries of |
19 | | that Local Emergency Planning Committee planning district for: |
20 | | (1) the development of emergency operations plan |
21 | | provisions for hazardous chemical emergencies; and |
22 | | (2) the assessment of emergency response capabilities |
23 | | related to hazardous chemical emergencies. |
24 | | (f) The Illinois Emergency Management Agency shall: |
25 | | (1) Coordinate the overall emergency management |
26 | | program of the State. |
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1 | | (2) Cooperate with local governments, the federal |
2 | | government, and any public or private agency or entity in |
3 | | achieving any purpose of this Act and in implementing |
4 | | emergency management programs for mitigation, |
5 | | preparedness, response, and recovery. |
6 | | (2.5) Develop a comprehensive emergency preparedness |
7 | | and response plan for any nuclear accident in accordance |
8 | | with Section 65 of the Nuclear Safety Law of 2004 and in |
9 | | development of the Illinois Nuclear Safety Preparedness |
10 | | program in accordance with Section 8 of the Illinois |
11 | | Nuclear Safety Preparedness Act. |
12 | | (2.6) Coordinate with the Department of Public Health |
13 | | with respect to planning for and responding to public |
14 | | health emergencies. |
15 | | (3) Prepare, for issuance by the Governor, executive |
16 | | orders, proclamations, and regulations as necessary or |
17 | | appropriate in coping with disasters. |
18 | | (4) Promulgate rules and requirements for political |
19 | | subdivision emergency operations plans that are not |
20 | | inconsistent with and are at least as stringent as |
21 | | applicable federal laws and regulations. |
22 | | (5) Review and approve, in accordance with Illinois |
23 | | Emergency Management Agency rules, emergency operations |
24 | | plans for those political subdivisions required to have an |
25 | | emergency services and disaster agency pursuant to this |
26 | | Act. |
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1 | | (5.5) Promulgate rules and requirements for the |
2 | | political subdivision emergency management exercises, |
3 | | including, but not limited to, exercises of the emergency |
4 | | operations plans. |
5 | | (5.10) Review, evaluate, and approve, in accordance |
6 | | with Illinois Emergency Management Agency rules, political |
7 | | subdivision emergency management exercises for those |
8 | | political subdivisions required to have an emergency |
9 | | services and disaster agency pursuant to this Act. |
10 | | (6) Determine requirements of the State and its |
11 | | political subdivisions for food, clothing, and other |
12 | | necessities in event of a disaster. |
13 | | (7) Establish a register of persons with types of |
14 | | emergency management training and skills in mitigation, |
15 | | preparedness, response, and recovery. |
16 | | (8) Establish a register of government and private |
17 | | response resources available for use in a disaster. |
18 | | (9) Expand the Earthquake Awareness Program and its |
19 | | efforts to distribute earthquake preparedness materials to |
20 | | schools, political subdivisions, community groups, civic |
21 | | organizations, and the media. Emphasis will be placed on |
22 | | those areas of the State most at risk from an earthquake. |
23 | | Maintain the list of all school districts, hospitals, |
24 | | airports, power plants, including nuclear power plants, |
25 | | lakes, dams, emergency response facilities of all types, |
26 | | and all other major public or private structures which are |
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1 | | at the greatest risk of damage from earthquakes under |
2 | | circumstances where the damage would cause subsequent harm |
3 | | to the surrounding communities and residents. |
4 | | (10) Disseminate all information, completely and |
5 | | without delay, on water levels for rivers and streams and |
6 | | any other data pertaining to potential flooding supplied |
7 | | by the Division of Water Resources within the Department |
8 | | of Natural Resources to all political subdivisions to the |
9 | | maximum extent possible. |
10 | | (11) Develop agreements, if feasible, with medical |
11 | | supply and equipment firms to supply resources as are |
12 | | necessary to respond to an earthquake or any other |
13 | | disaster as defined in this Act. These resources will be |
14 | | made available upon notifying the vendor of the disaster. |
15 | | Payment for the resources will be in accordance with |
16 | | Section 7 of this Act. The Illinois Department of Public |
17 | | Health shall determine which resources will be required |
18 | | and requested. |
19 | | (11.5) In coordination with the Illinois State Police, |
20 | | develop and implement a community outreach program to |
21 | | promote awareness among the State's parents and children |
22 | | of child abduction prevention and response. |
23 | | (12) Out of funds appropriated for these purposes, |
24 | | award capital and non-capital grants to Illinois hospitals |
25 | | or health care facilities located outside of a city with a |
26 | | population in excess of 1,000,000 to be used for purposes |
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1 | | that include, but are not limited to, preparing to respond |
2 | | to mass casualties and disasters, maintaining and |
3 | | improving patient safety and quality of care, and |
4 | | protecting the confidentiality of patient information. No |
5 | | single grant for a capital expenditure shall exceed |
6 | | $300,000. No single grant for a non-capital expenditure |
7 | | shall exceed $100,000. In awarding such grants, preference |
8 | | shall be given to hospitals that serve a significant |
9 | | number of Medicaid recipients, but do not qualify for |
10 | | disproportionate share hospital adjustment payments under |
11 | | the Illinois Public Aid Code. To receive such a grant, a |
12 | | hospital or health care facility must provide funding of |
13 | | at least 50% of the cost of the project for which the grant |
14 | | is being requested. In awarding such grants the Illinois |
15 | | Emergency Management Agency shall consider the |
16 | | recommendations of the Illinois Hospital Association. |
17 | | (13) Do all other things necessary, incidental or |
18 | | appropriate for the implementation of this Act. |
19 | | (g) The Illinois Emergency Management Agency is authorized |
20 | | to make grants to various higher education institutions, |
21 | | public K-12 school districts, area vocational centers as |
22 | | designated by the State Board of Education, inter-district |
23 | | special education cooperatives, regional safe schools, and |
24 | | nonpublic K-12 schools for safety and security improvements. |
25 | | For the purpose of this subsection (g), "higher education |
26 | | institution" means a public university, a public community |
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1 | | college, or an independent, not-for-profit or for-profit |
2 | | higher education institution located in this State. Grants |
3 | | made under this subsection (g) shall be paid out of moneys |
4 | | appropriated for that purpose from the Build Illinois Bond |
5 | | Fund. The Illinois Emergency Management Agency shall adopt |
6 | | rules to implement this subsection (g). These rules may |
7 | | specify: (i) the manner of applying for grants; (ii) project |
8 | | eligibility requirements; (iii) restrictions on the use of |
9 | | grant moneys; (iv) the manner in which the various higher |
10 | | education institutions must account for the use of grant |
11 | | moneys; and (v) any other provision that the Illinois |
12 | | Emergency Management Agency determines to be necessary or |
13 | | useful for the administration of this subsection (g). |
14 | | (g-5) The Illinois Emergency Management Agency is |
15 | | authorized to make grants to not-for-profit organizations |
16 | | which are exempt from federal income taxation under section |
17 | | 501(c)(3) of the Federal Internal Revenue Code for eligible |
18 | | security improvements that assist the organization in |
19 | | preventing, preparing for, or responding to threats, attacks, |
20 | | or acts of terrorism. To be eligible for a grant under the |
21 | | program, the Agency must determine that the organization is at |
22 | | a high risk of being subject to threats, attacks, or acts of |
23 | | terrorism based on the organization's profile, ideology, |
24 | | mission, or beliefs. Eligible security improvements shall |
25 | | include all eligible preparedness activities under the federal |
26 | | Nonprofit Security Grant Program, including, but not limited |
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1 | | to, physical security upgrades, security training exercises, |
2 | | preparedness training exercises, contracting with security |
3 | | personnel, and any other security upgrades deemed eligible by |
4 | | the Director. Eligible security improvements shall not |
5 | | duplicate, in part or in whole, a project included under any |
6 | | awarded federal grant or in a pending federal application. The |
7 | | Director shall establish procedures and forms by which |
8 | | applicants may apply for a grant and procedures for |
9 | | distributing grants to recipients. Any security improvements |
10 | | awarded shall remain at the physical property listed in the |
11 | | grant application, unless authorized by Agency rule or |
12 | | approved by the Agency in writing. The procedures shall |
13 | | require each applicant to do the following: |
14 | | (1) identify and substantiate prior or current |
15 | | threats, attacks, or acts of terrorism against the |
16 | | not-for-profit organization; |
17 | | (2) indicate the symbolic or strategic value of one or |
18 | | more sites that renders the site a possible target of a |
19 | | threat, attack, or act of terrorism; |
20 | | (3) discuss potential consequences to the organization |
21 | | if the site is damaged, destroyed, or disrupted by a |
22 | | threat, attack, or act of terrorism; |
23 | | (4) describe how the grant will be used to integrate |
24 | | organizational preparedness with broader State and local |
25 | | preparedness efforts, as described by the Agency in each |
26 | | Notice of Opportunity for Funding; |
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1 | | (5) submit (i) a vulnerability assessment conducted by |
2 | | experienced security, law enforcement, or military |
3 | | personnel, or conducted using an Agency-approved or |
4 | | federal Nonprofit Security Grant Program self-assessment |
5 | | tool, and (ii) a description of how the grant award will be |
6 | | used to address the vulnerabilities identified in the |
7 | | assessment; and |
8 | | (6) submit any other relevant information as may be |
9 | | required by the Director. |
10 | | The Agency is authorized to use funds appropriated for the |
11 | | grant program described in this subsection (g-5) to administer |
12 | | the program. Any Agency Notice of Opportunity for Funding, |
13 | | proposed or final rulemaking, guidance, training opportunity, |
14 | | or other resource related to the grant program must be |
15 | | published on the Agency's publicly available website, and any |
16 | | announcements related to funding shall be shared with all |
17 | | State legislative offices, the Governor's office, emergency |
18 | | services and disaster agencies mandated or required pursuant |
19 | | to subsections (b) through (d) of Section 10, and any other |
20 | | State agencies as determined by the Agency. Subject to |
21 | | appropriation, the grant application period shall be open for |
22 | | no less than 45 calendar days during the first application |
23 | | cycle each fiscal year, unless the Agency determines that a |
24 | | shorter period is necessary to avoid conflicts with the annual |
25 | | federal Nonprofit Security Grant Program funding cycle. |
26 | | Additional application cycles may be conducted during the same |
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1 | | fiscal year, subject to availability of funds. Upon request, |
2 | | Agency staff shall provide reasonable assistance to any |
3 | | applicant in completing a grant application or meeting a |
4 | | post-award requirement. |
5 | | In addition to any advance payment rules or procedures |
6 | | adopted by the Agency, the Agency shall adopt rules or |
7 | | procedures by which grantees under this subsection (g-5) may |
8 | | receive a working capital advance of initial start-up costs |
9 | | and up to 2 months of program expenses, not to exceed 25% of |
10 | | the total award amount, if, during the application process, |
11 | | the grantee demonstrates a need for funds to commence a |
12 | | project. The remaining funds must be paid through |
13 | | reimbursement after the grantee presents sufficient supporting |
14 | | documentation of expenditures for eligible activities. |
15 | | (h) Except as provided in Section 17.5 of this Act, any |
16 | | moneys received by the Agency from donations or sponsorships |
17 | | unrelated to a disaster shall be deposited in the Emergency |
18 | | Planning and Training Fund and used by the Agency, subject to |
19 | | appropriation, to effectuate planning and training activities. |
20 | | Any moneys received by the Agency from donations during a |
21 | | disaster and intended for disaster response or recovery shall |
22 | | be deposited into the Disaster Response and Recovery Fund and |
23 | | used for disaster response and recovery pursuant to the |
24 | | Disaster Relief Act. |
25 | | (i) The Illinois Emergency Management Agency may by rule |
26 | | assess and collect reasonable fees for attendance at |
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1 | | Agency-sponsored conferences to enable the Agency to carry out |
2 | | the requirements of this Act. Any moneys received under this |
3 | | subsection shall be deposited in the Emergency Planning and |
4 | | Training Fund and used by the Agency, subject to |
5 | | appropriation, for planning and training activities. |
6 | | (j) The Illinois Emergency Management Agency is authorized |
7 | | to make grants to other State agencies, public universities, |
8 | | units of local government, and statewide mutual aid |
9 | | organizations to enhance statewide emergency preparedness and |
10 | | response. |
11 | | (Source: P.A. 102-16, eff. 6-17-21; 102-538, eff. 8-20-21; |
12 | | 102-813, eff. 5-13-22; 102-1115, eff. 1-9-23; 103-418, eff. |
13 | | 1-1-24 .) |
14 | | Section 3-15. The State Finance Act is amended by changing |
15 | | Section 6z-129 as follows: |
16 | | (30 ILCS 105/6z-129) |
17 | | Sec. 6z-129. Horse Racing Purse Equity Fund. The Horse |
18 | | Racing Purse Equity Fund is a nonappropriated trust fund held |
19 | | outside of the State treasury. Within 30 calendar days after |
20 | | funds are deposited in the Horse Racing Purse Equity Fund and |
21 | | the applicable grant agreement is executed, whichever is |
22 | | later, the Department of Agriculture shall transfer the entire |
23 | | balance in the Fund to the organization licensees that hold |
24 | | purse moneys that support each of the legally recognized |
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1 | | horsemen's associations that have contracted with an |
2 | | organization licensee over the immediately preceding 3 |
3 | | calendar years under subsection (d) of Section 29 of the |
4 | | Illinois Horse Racing Act of 1975. The 2024 2023 division of |
5 | | such fund balance among the qualifying purse accounts shall be |
6 | | pursuant to the 2021 agreement of the involved horsemen |
7 | | associations with 45% being allocated to the thoroughbred |
8 | | purse account at a racetrack located in Stickney Township in |
9 | | Cook County, 30% being allocated to the harness purse account |
10 | | at a racetrack located in Stickney Township in Cook County, |
11 | | and 25% being allocated to the thoroughbred purse account at a |
12 | | racetrack located in Madison County. Transfers may be made to |
13 | | an organization licensee that has one or more executed grant |
14 | | agreements while the other organization licensee awaits |
15 | | finalization and execution of its grant agreement or |
16 | | agreements. All funds transferred to purse accounts pursuant |
17 | | to this Section shall be for the sole purpose of augmenting |
18 | | future purses during State fiscal year 2025 2024 . For purposes |
19 | | of this Section, a legally recognized horsemen association is |
20 | | that horsemen association representing the largest number of |
21 | | owners, trainers, jockeys or Standardbred drivers who race |
22 | | horses at an Illinois organization licensee and that enter |
23 | | into agreements with Illinois organization licenses to govern |
24 | | the racing meet and that also provide required consents |
25 | | pursuant to the Illinois Horse Racing Act of 1975. |
26 | | (Source: P.A. 102-16, eff. 6-17-21; 103-8, eff. 7-1-23.) |
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1 | | Section 3-22. The Illinois Pension Code is amended by |
2 | | changing Sections 16-150.1 and 17-149, as follows: |
3 | | (40 ILCS 5/16-150.1) |
4 | | Sec. 16-150.1. Return to teaching in subject shortage |
5 | | area. |
6 | | (a) As used in this Section, "eligible employment" means |
7 | | employment beginning on or after July 1, 2003 and ending no |
8 | | later than June 30, 2027 2024 , in a subject shortage area at a |
9 | | qualified school, in a position requiring certification under |
10 | | the law governing the certification of teachers. |
11 | | As used in this Section, "qualified school" means a public |
12 | | elementary or secondary school that meets all of the following |
13 | | requirements: |
14 | | (1) At the time of hiring a retired teacher under this |
15 | | Section, the school is experiencing a shortage of teachers |
16 | | in the subject shortage area for which the teacher is |
17 | | hired. |
18 | | (2) The school district to which the school belongs |
19 | | has complied with the requirements of subsection (e), and |
20 | | the regional superintendent has certified that compliance |
21 | | to the System. |
22 | | (3) If the school district to which the school belongs |
23 | | provides group health benefits for its teachers generally, |
24 | | substantially similar health benefits are made available |
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1 | | for teachers participating in the program under this |
2 | | Section, without any limitations based on pre-existing |
3 | | conditions. |
4 | | (b) An annuitant receiving a retirement annuity under this |
5 | | Article (other than a disability retirement annuity) may |
6 | | engage in eligible employment at a qualified school without |
7 | | impairing his or her retirement status or retirement annuity, |
8 | | subject to the following conditions: |
9 | | (1) the eligible employment does not begin within the |
10 | | school year during which service was terminated; |
11 | | (2) the annuitant has not received any early |
12 | | retirement incentive under Section 16-133.3, 16-133.4, or |
13 | | 16-133.5; |
14 | | (3) if the annuitant retired before age 60 and with |
15 | | less than 34 years of service, the eligible employment |
16 | | does not begin within the year following the effective |
17 | | date of the retirement annuity; |
18 | | (4) if the annuitant retired at age 60 or above or with |
19 | | 34 or more years of service, the eligible employment does |
20 | | not begin within the 90 days following the effective date |
21 | | of the retirement annuity; and |
22 | | (5) before the eligible employment begins, the |
23 | | employer notifies the System in writing of the annuitant's |
24 | | desire to participate in the program established under |
25 | | this Section. |
26 | | (c) An annuitant engaged in eligible employment in |
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1 | | accordance with subsection (b) shall be deemed a participant |
2 | | in the program established under this Section for so long as he |
3 | | or she remains employed in eligible employment. |
4 | | (d) A participant in the program established under this |
5 | | Section continues to be a retirement annuitant, rather than an |
6 | | active teacher, for all of the purposes of this Code, but shall |
7 | | be deemed an active teacher for other purposes, such as |
8 | | inclusion in a collective bargaining unit, eligibility for |
9 | | group health benefits, and compliance with the laws governing |
10 | | the employment, regulation, certification, treatment, and |
11 | | conduct of teachers. |
12 | | With respect to an annuitant's eligible employment under |
13 | | this Section, neither employee nor employer contributions |
14 | | shall be made to the System and no additional service credit |
15 | | shall be earned. Eligible employment does not affect the |
16 | | annuitant's final average salary or the amount of the |
17 | | retirement annuity. |
18 | | (e) Before hiring a teacher under this Section, the school |
19 | | district to which the school belongs must do the following: |
20 | | (1) If the school district to which the school belongs |
21 | | has honorably dismissed, within the calendar year |
22 | | preceding the beginning of the school term for which it |
23 | | seeks to employ a retired teacher under the program |
24 | | established in this Section, any teachers who are legally |
25 | | qualified to hold positions in the subject shortage area |
26 | | and have not yet begun to receive their retirement |
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1 | | annuities under this Article, the vacant positions must |
2 | | first be tendered to those teachers. |
3 | | (2) For a period of at least 90 days during the 6 |
4 | | months preceding the beginning of either the fall or |
5 | | spring term for which it seeks to employ a retired teacher |
6 | | under the program established in this Section, the school |
7 | | district must, on an ongoing basis, (i) advertise its |
8 | | vacancies in the subject shortage area in employment |
9 | | bulletins published by college and university placement |
10 | | offices located near the school; (ii) search for teachers |
11 | | legally qualified to fill those vacancies through the |
12 | | Illinois Education Job Bank; and (iii) post all vacancies |
13 | | on the school district's website and list the vacancy in |
14 | | an online job portal or database. |
15 | | A school district replacing a teacher who is unable to |
16 | | continue employment with the school district because of |
17 | | documented illness, injury, or disability that occurred after |
18 | | being hired by a school district under this Section shall be |
19 | | exempt from the provisions of paragraph (2) for 90 school |
20 | | days. However, the school district must on an ongoing basis |
21 | | comply with items (i), (ii), and (iii) of paragraph (2). |
22 | | The school district must submit documentation of its |
23 | | compliance with this subsection to the regional |
24 | | superintendent. Upon receiving satisfactory documentation from |
25 | | the school district, the regional superintendent shall certify |
26 | | the district's compliance with this subsection to the System. |
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1 | | (f) This Section applies without regard to whether the |
2 | | annuitant was in service on or after the effective date of this |
3 | | amendatory Act of the 93rd General Assembly. |
4 | | (Source: P.A. 101-49, eff. 7-12-19; 102-440, eff. 8-20-21.) |
5 | | (40 ILCS 5/17-149) (from Ch. 108 1/2, par. 17-149) |
6 | | Sec. 17-149. Cancellation of pensions. |
7 | | (a) If any person receiving a disability retirement |
8 | | pension from the Fund is re-employed as a teacher by an |
9 | | Employer, the pension shall be cancelled on the date the |
10 | | re-employment begins, or on the first day of a payroll period |
11 | | for which service credit was validated, whichever is earlier. |
12 | | (b) If any person receiving a service retirement pension |
13 | | from the Fund is re-employed as a teacher on a permanent or |
14 | | annual basis by an Employer, the pension shall be cancelled on |
15 | | the date the re-employment begins, or on the first day of a |
16 | | payroll period for which service credit was validated, |
17 | | whichever is earlier. However, subject to the limitations and |
18 | | requirements of subsection (c-5), (c-6), (c-7), or (c-10), the |
19 | | pension shall not be cancelled in the case of a service |
20 | | retirement pensioner who is re-employed on a temporary and |
21 | | non-annual basis or on an hourly basis. |
22 | | (c) If the date of re-employment on a permanent or annual |
23 | | basis occurs within 5 school months after the date of previous |
24 | | retirement, exclusive of any vacation period, the member shall |
25 | | be deemed to have been out of service only temporarily and not |
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1 | | permanently retired. Such person shall be entitled to pension |
2 | | payments for the time he could have been employed as a teacher |
3 | | and received salary, but shall not be entitled to pension for |
4 | | or during the summer vacation prior to his return to service. |
5 | | When the member again retires on pension, the time of |
6 | | service and the money contributed by him during re-employment |
7 | | shall be added to the time and money previously credited. Such |
8 | | person must acquire 3 consecutive years of additional |
9 | | contributing service before he may retire again on a pension |
10 | | at a rate and under conditions other than those in force or |
11 | | attained at the time of his previous retirement. |
12 | | (c-5) For school years beginning on or after July 1, 2019 |
13 | | and before July 1, 2022, the service retirement pension shall |
14 | | not be cancelled in the case of a service retirement pensioner |
15 | | who is re-employed as a teacher on a temporary and non-annual |
16 | | basis or on an hourly basis, so long as the person (1) does not |
17 | | work as a teacher for compensation on more than 120 days in a |
18 | | school year or (2) does not accept gross compensation for the |
19 | | re-employment in a school year in excess of (i) $30,000 or (ii) |
20 | | in the case of a person who retires with at least 5 years of |
21 | | service as a principal, an amount that is equal to the daily |
22 | | rate normally paid to retired principals multiplied by 100. |
23 | | These limitations apply only to school years that begin on or |
24 | | after July 1, 2019 and before July 1, 2022. Such re-employment |
25 | | does not require contributions, result in service credit, or |
26 | | constitute active membership in the Fund. |
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1 | | The service retirement pension shall not be cancelled in |
2 | | the case of a service retirement pensioner who is re-employed |
3 | | as a teacher on a temporary and non-annual basis or on an |
4 | | hourly basis, so long as the person (1) does not work as a |
5 | | teacher for compensation on more than 100 days in a school year |
6 | | or (2) does not accept gross compensation for the |
7 | | re-employment in a school year in excess of (i) $30,000 or (ii) |
8 | | in the case of a person who retires with at least 5 years of |
9 | | service as a principal, an amount that is equal to the daily |
10 | | rate normally paid to retired principals multiplied by 100. |
11 | | These limitations apply only to school years that begin on or |
12 | | after August 8, 2012 (the effective date of Public Act 97-912) |
13 | | and before July 1, 2019. Such re-employment does not require |
14 | | contributions, result in service credit, or constitute active |
15 | | membership in the Fund. |
16 | | Notwithstanding the 120-day limit set forth in item (1) of |
17 | | this subsection (c-5), the service retirement pension shall |
18 | | not be cancelled in the case of a service retirement pensioner |
19 | | who teaches only driver education courses after regular school |
20 | | hours and does not teach any other subject area, so long as the |
21 | | person does not work as a teacher for compensation for more |
22 | | than 900 hours in a school year. The $30,000 limit set forth in |
23 | | subitem (i) of item (2) of this subsection (c-5) shall apply to |
24 | | a service retirement pensioner who teaches only driver |
25 | | education courses after regular school hours and does not |
26 | | teach any other subject area. |
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1 | | To be eligible for such re-employment without cancellation |
2 | | of pension, the pensioner must notify the Fund and the Board of |
3 | | Education of his or her intention to accept re-employment |
4 | | under this subsection (c-5) before beginning that |
5 | | re-employment (or if the re-employment began before August 8, |
6 | | 2012 (the effective date of Public Act 97-912), then within 30 |
7 | | days after that effective date). |
8 | | An Employer must certify to the Fund the temporary and |
9 | | non-annual or hourly status and the compensation of each |
10 | | pensioner re-employed under this subsection at least |
11 | | quarterly, and when the pensioner is approaching the earnings |
12 | | limitation under this subsection. |
13 | | If the pensioner works more than 100 days or accepts |
14 | | excess gross compensation for such re-employment in any school |
15 | | year that begins on or after August 8, 2012 (the effective date |
16 | | of Public Act 97-912), the service retirement pension shall |
17 | | thereupon be cancelled. |
18 | | If the pensioner who only teaches drivers education |
19 | | courses after regular school hours works more than 900 hours |
20 | | or accepts excess gross compensation for such re-employment in |
21 | | any school year that begins on or after August 12, 2016 (the |
22 | | effective date of Public Act 99-786), the service retirement |
23 | | pension shall thereupon be cancelled. |
24 | | If the pensioner works more than 120 days or accepts |
25 | | excess gross compensation for such re-employment in any school |
26 | | year that begins on or after July 1, 2019, the service |
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1 | | retirement pension shall thereupon be cancelled. |
2 | | The Board of the Fund shall adopt rules for the |
3 | | implementation and administration of this subsection. |
4 | | (c-6) For school years beginning on or after July 1, 2022 |
5 | | and before July 1, 2027 2024 , the service retirement pension |
6 | | shall not be cancelled in the case of a service retirement |
7 | | pensioner who is re-employed as a teacher or an administrator |
8 | | on a temporary and non-annual basis or on an hourly basis, so |
9 | | long as the person does not work as a teacher or an |
10 | | administrator for compensation on more than 140 days in a |
11 | | school year. Such re-employment does not require |
12 | | contributions, result in service credit, or constitute active |
13 | | membership in the Fund. |
14 | | (c-7) For school years beginning on or after July 1, 2027 |
15 | | 2024 , the service retirement pension shall not be cancelled in |
16 | | the case of a service retirement pensioner who is re-employed |
17 | | as a teacher or an administrator on a temporary and non-annual |
18 | | basis or on an hourly basis, so long as the person does not |
19 | | work as a teacher or an administrator for compensation on more |
20 | | than 120 days in a school year. Such re-employment does not |
21 | | require contributions, result in service credit, or constitute |
22 | | active membership in the Fund. |
23 | | (c-10) Until June 30, 2027 2024 , the service retirement |
24 | | pension of a service retirement pensioner shall not be |
25 | | cancelled if the service retirement pensioner is employed in a |
26 | | subject shortage area and the Employer that is employing the |
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1 | | service retirement pensioner meets the following requirements: |
2 | | (1) If the Employer has honorably dismissed, within |
3 | | the calendar year preceding the beginning of the school |
4 | | term for which it seeks to employ a service retirement |
5 | | pensioner under this subsection, any teachers who are |
6 | | legally qualified to hold positions in the subject |
7 | | shortage area and have not yet begun to receive their |
8 | | service retirement pensions under this Article, the vacant |
9 | | positions must first be tendered to those teachers. |
10 | | (2) For a period of at least 90 days during the 6 |
11 | | months preceding the beginning of either the fall or |
12 | | spring term for which it seeks to employ a service |
13 | | retirement pensioner under this subsection, the Employer |
14 | | must, on an ongoing basis, (i) advertise its vacancies in |
15 | | the subject shortage area in employment bulletins |
16 | | published by college and university placement offices |
17 | | located near the school; (ii) search for teachers legally |
18 | | qualified to fill those vacancies through the Illinois |
19 | | Education Job Bank; and (iii) post all vacancies on the |
20 | | Employer's website and list the vacancy in an online job |
21 | | portal or database. |
22 | | An Employer of a teacher who is unable to continue |
23 | | employment with the Employer because of documented illness, |
24 | | injury, or disability that occurred after being hired by the |
25 | | Employer under this subsection is exempt from the provisions |
26 | | of paragraph (2) for 90 school days. However, the Employer |
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1 | | must on an ongoing basis comply with items (i), (ii), and (iii) |
2 | | of paragraph (2). |
3 | | The Employer must submit documentation of its compliance |
4 | | with this subsection to the regional superintendent. Upon |
5 | | receiving satisfactory documentation from the Employer, the |
6 | | regional superintendent shall certify the Employer's |
7 | | compliance with this subsection to the Fund. |
8 | | (d) Notwithstanding Sections 1-103.1 and 17-157, the |
9 | | changes to this Section made by Public Act 90-32 apply without |
10 | | regard to whether termination of service occurred before the |
11 | | effective date of that Act and apply retroactively to August |
12 | | 23, 1989. |
13 | | Notwithstanding Sections 1-103.1 and 17-157, the changes |
14 | | to this Section and Section 17-106 made by Public Act 92-599 |
15 | | apply without regard to whether termination of service |
16 | | occurred before June 28, 2002 (the effective date of Public |
17 | | Act 92-599). |
18 | | Notwithstanding Sections 1-103.1 and 17-157, the changes |
19 | | to this Section made by Public Act 97-912 apply without regard |
20 | | to whether termination of service occurred before August 8, |
21 | | 2012 (the effective date of Public Act 97-912). |
22 | | (Source: P.A. 102-1013, eff. 5-27-22; 102-1090, eff. 6-10-22; |
23 | | 103-154, eff. 6-30-23.) |
24 | | Section 3-25. The Law Enforcement Camera Grant Act is |
25 | | amended by changing Section 10 as follows: |
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1 | | (50 ILCS 707/10) |
2 | | Sec. 10. Law Enforcement Camera Grant Fund; creation, |
3 | | rules. |
4 | | (a) The Law Enforcement Camera Grant Fund is created as a |
5 | | special fund in the State treasury. From appropriations to the |
6 | | Board from the Fund, the Board must make grants to units of |
7 | | local government in Illinois and Illinois public universities |
8 | | for the purpose of (1) purchasing or leasing in-car video |
9 | | cameras for use in law enforcement vehicles, (2) purchasing or |
10 | | leasing officer-worn body cameras and associated technology |
11 | | for law enforcement officers, and (3) training for law |
12 | | enforcement officers in the operation of the cameras. Grants |
13 | | under this Section may be used to offset data storage and |
14 | | related licensing costs for officer-worn body cameras. For the |
15 | | purposes of this Section, "purchasing or leasing" includes |
16 | | providing funding to units of local government in advance that |
17 | | can be used to obtain this equipment rather than only for |
18 | | reimbursement of purchased equipment. |
19 | | Moneys received for the purposes of this Section, |
20 | | including, without limitation, fee receipts and gifts, grants, |
21 | | and awards from any public or private entity, must be |
22 | | deposited into the Fund. Any interest earned on moneys in the |
23 | | Fund must be deposited into the Fund. |
24 | | (b) The Board may set requirements for the distribution of |
25 | | grant moneys and determine which law enforcement agencies are |
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1 | | eligible. |
2 | | (b-5) The Board shall consider compliance with the Uniform |
3 | | Crime Reporting Act as a factor in awarding grant moneys. |
4 | | (c) (Blank). |
5 | | (d) (Blank). |
6 | | (e) (Blank). |
7 | | (f) (Blank). |
8 | | (g) (Blank). |
9 | | (h) (Blank). |
10 | | (Source: P.A. 102-16, eff. 6-17-21; 102-1104, eff. 12-6-22.) |
11 | | Section 3-27. The Illinois Library System Act is amended |
12 | | by changing Section 8 as follows: |
13 | | (75 ILCS 10/8) (from Ch. 81, par. 118) |
14 | | Sec. 8. State grants. |
15 | | (a) There shall be a program of State grants within the |
16 | | limitations of funds appropriated by the Illinois General |
17 | | Assembly together with other funds made available by the |
18 | | federal government or other sources for this purpose. This |
19 | | program of State grants shall be administered by the State |
20 | | Librarian in accordance with rules and regulations as provided |
21 | | in Section 3 of this Act and shall include the following: (i) |
22 | | annual equalization grants; (ii) Library System grants; (iii) |
23 | | per capita grants to public libraries; and (iv) planning and |
24 | | construction grants to public libraries and library systems. |
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1 | | Libraries, in order to be eligible for grants under this |
2 | | Section, must be members of a library system. |
3 | | (b) An annual equalization grant shall be made to all |
4 | | public libraries for which the corporate authorities levy a |
5 | | tax for library purposes at a rate not less than .13% of the |
6 | | value of all the taxable property as equalized and assessed by |
7 | | the Department of Revenue if the amount of tax revenue |
8 | | obtained from a rate of .13% produces less than $17.50 per |
9 | | capita in property tax revenue from property taxes for Fiscal |
10 | | Year 2025 (i) $4.25 per capita in property tax revenue from |
11 | | property taxes for the 2006 taxable year payable in 2007 and |
12 | | (ii) $7.50 per capita in property tax revenue from property |
13 | | taxes for the 2007 taxable year and thereafter. In that case, |
14 | | the State Librarian is authorized to make an equalization |
15 | | grant equivalent to the difference between the amount obtained |
16 | | from a rate of .13% and an annual income of $17.50 per capita |
17 | | for grants made in Fiscal Year 2025 $4.25 per capita for grants |
18 | | made through Fiscal Year 2008, and an annual income of $7.50 |
19 | | per capita for grants made in Fiscal Year 2009 and thereafter. |
20 | | If moneys appropriated for grants under this Section are not |
21 | | sufficient, then the State Librarian shall reduce the per |
22 | | capita amount of the grants so that the qualifying public |
23 | | libraries receive the same amount per capita, but in no event |
24 | | shall the grant be less than equivalent to the difference |
25 | | between the amount of the tax revenue obtained from the |
26 | | current levy and an annual income of $4.25 per capita. If a |
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1 | | library receiving an equalization grant reduces its tax levy |
2 | | below the amount levied at the time the original application |
3 | | is approved, it shall be ineligible to receive further |
4 | | equalization grants. |
5 | | If a library is subject to the Property Tax Extension |
6 | | Limitation Law in the Property Tax Code and its tax levy for |
7 | | library purposes has been lowered to a rate of less than .13%, |
8 | | the library will qualify for this grant if the library levied a |
9 | | tax for library purposes that met the requirements for this |
10 | | grant in the previous year and if the tax levied for library |
11 | | purposes in the current year produces tax revenue for the |
12 | | library that is an increase over the previous year's extension |
13 | | of 5% or the percentage increase in the Consumer Price Index, |
14 | | whichever is less, and the tax revenue produced by this levy is |
15 | | less than $17.50 per capita in property tax revenue from |
16 | | property taxes for the Fiscal Year 2025 (i) $4.25 per capita in |
17 | | property tax revenue from property taxes for the 2006 taxable |
18 | | year payable in 2007 and (ii) $7.50 per capita in property tax |
19 | | revenue from property taxes for the 2007 taxable year and |
20 | | thereafter. In this case, the State Librarian is authorized to |
21 | | make an equalization grant equivalent to the difference |
22 | | between the amount of tax revenue obtained from the current |
23 | | levy and an annual income of $17.50 per capita for grants made |
24 | | in Fiscal Year 2025 $4.25 per capita for grants made through |
25 | | Fiscal Year 2008, and an annual income of $7.50 per capita for |
26 | | grants made in Fiscal Year 2009 and thereafter. If moneys |
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1 | | appropriated for grants under this Section are not sufficient, |
2 | | then the State Librarian shall reduce the per capita amount of |
3 | | the grants so that the qualifying public libraries receive the |
4 | | same amount per capita, but in no event shall the grant be less |
5 | | than equivalent to the difference between the amount of the |
6 | | tax revenue obtained from the current levy and an annual |
7 | | income of $4.25 per capita. If a library receiving an |
8 | | equalization grant reduces its tax levy below the amount |
9 | | levied at the time the original application is approved, it |
10 | | shall be ineligible to receive further equalization grants. |
11 | | (c) Annual Library System grants shall be made, upon |
12 | | application, to each library system approved by the State |
13 | | Librarian on the following basis: |
14 | | (1) For library systems, the sum of $1.46 per capita |
15 | | of the population of the area served plus the sum of $50.75 |
16 | | per square mile or fraction thereof of the area served |
17 | | except as provided in paragraph (4) of this subsection. |
18 | | (2) If the amounts appropriated for grants are |
19 | | different from the amount provided for in paragraph (1) of |
20 | | this subsection, the area and per capita funding shall be |
21 | | proportionately reduced or increased accordingly. |
22 | | (3) For library systems, additional funds may be |
23 | | appropriated. The appropriation shall be distributed on |
24 | | the same proportional per capita and per square mile basis |
25 | | as provided in paragraphs (1) and (4) of this subsection. |
26 | | (4) Per capita and area funding for a multitype |
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1 | | library system as defined in subparagraph (3) of the |
2 | | definition of "library system" in Section 2 and a public |
3 | | library system in cities with a population of 500,000 or |
4 | | more as defined in subparagraph (2) of the definition of |
5 | | "library system" in Section 2 shall be apportioned with |
6 | | 25% of the funding granted to the multitype library system |
7 | | and 75% of the funding granted to the public library |
8 | | system. |
9 | | (d) The "area served" for the purposes of making and |
10 | | expending annual Library System grants means the area that |
11 | | lies within the geographic boundaries of the library system as |
12 | | approved by the State Librarian, except that grant funding |
13 | | awarded to a library system may also be expended for the |
14 | | provision of services to members of other library systems if |
15 | | such an expenditure is included in a library system's plan of |
16 | | service and is approved by the State Librarian. In determining |
17 | | the population of the area served by the library system, the |
18 | | Illinois State Library shall use the latest federal census for |
19 | | the political subdivisions in the area served. |
20 | | (e) In order to be eligible for a grant under this Section, |
21 | | the corporate authorities, instead of a tax levy at a |
22 | | particular rate, may provide an amount equivalent to the |
23 | | amount produced by that levy. |
24 | | (Source: P.A. 99-186, eff. 7-29-15.) |
25 | | Section 3-30. The School Code is amended by changing |
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1 | | Section 29-5 as follows: |
2 | | (105 ILCS 5/29-5) (from Ch. 122, par. 29-5) |
3 | | Sec. 29-5. Reimbursement by State for transportation. Any |
4 | | school district or State-authorized charter school , |
5 | | maintaining a school, transporting resident pupils to another |
6 | | school district's vocational program, offered through a joint |
7 | | agreement approved by the State Board of Education, as |
8 | | provided in Section 10-22.22 or transporting its resident |
9 | | pupils to a school which meets the standards for recognition |
10 | | as established by the State Board of Education which provides |
11 | | transportation meeting the standards of safety, comfort, |
12 | | convenience, efficiency and operation prescribed by the State |
13 | | Board of Education for resident pupils in kindergarten or any |
14 | | of grades 1 through 12 who: (a) reside at least 1 1/2 miles as |
15 | | measured by the customary route of travel, from the school |
16 | | attended; or (b) reside in areas where conditions are such |
17 | | that walking constitutes a hazard to the safety of the child |
18 | | when determined under Section 29-3; and (c) are transported to |
19 | | the school attended from pick-up points at the beginning of |
20 | | the school day and back again at the close of the school day or |
21 | | transported to and from their assigned attendance centers |
22 | | during the school day , shall be reimbursed by the State as |
23 | | hereinafter provided in this Section. |
24 | | The State will pay the prorated allowable cost of |
25 | | transporting eligible pupils less the real equalized assessed |
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1 | | valuation as computed under paragraph (3) of subsection (d) of |
2 | | Section 18-8.15 in a dual school district maintaining |
3 | | secondary grades 9 to 12 inclusive times a qualifying rate of |
4 | | .05%; in elementary school districts maintaining grades K to 8 |
5 | | times a qualifying rate of .06%; and in unit districts |
6 | | maintaining grades K to 12, including partial elementary unit |
7 | | districts formed pursuant to Article 11E, times a qualifying |
8 | | rate of .07%. For a State-authorized charter school, the State |
9 | | shall pay the prorated allowable cost of transporting eligible |
10 | | pupils less a real equalized assessed valuation calculated |
11 | | pursuant to this Section times a qualifying rate. For purposes |
12 | | of calculating the real equalized assessed valuation for a |
13 | | State-authorized charter school whose resident district is not |
14 | | a school district organized under Article 34 of this Code, the |
15 | | State Board of Education shall calculate the average of the |
16 | | number of students in grades kindergarten through 12 reported |
17 | | as enrolled in the charter school in the State Board's Student |
18 | | Information System on October 1 and March 1 of the immediately |
19 | | preceding school year. That value shall be divided by the |
20 | | average of the number of students in grades kindergarten |
21 | | through 12 reported as enrolled in the charter school's |
22 | | resident district on October 1 and March 1 of the immediately |
23 | | preceding school year. That proportion shall be multiplied by |
24 | | the real equalized assessed valuation as computed under |
25 | | paragraph (3) of subsection (d) of Section 18-8.15 for each |
26 | | State-authorized charter school's applicable resident |
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1 | | district. A State-authorized charter school whose resident |
2 | | district is organized under Article 34 of this Code shall have |
3 | | a real equalized assessed valuation equal to the real |
4 | | equalized assessed valuation of its resident district as |
5 | | computed under paragraph (3) of subsection (d) of Section |
6 | | 18-8.15. A State-authorized charter school's qualifying rate |
7 | | shall be the same as the rate that applies to the charter |
8 | | school's resident district. |
9 | | To be eligible to receive reimbursement in excess of 4/5 |
10 | | of the cost to transport eligible pupils, a school district or |
11 | | partial elementary unit district formed pursuant to Article |
12 | | 11E shall have a Transportation Fund tax rate of at least .12%. |
13 | | The Transportation Fund tax rate for a partial elementary unit |
14 | | district formed pursuant Article 11E shall be the combined |
15 | | elementary and high school rates pursuant to paragraph (4) of |
16 | | subsection (a) of Section 18-8.15. |
17 | | If a school district or partial elementary unit district |
18 | | formed pursuant to Article 11E does not have a .12% |
19 | | Transportation Fund tax rate, the amount of its claim in |
20 | | excess of 4/5 of the cost of transporting pupils shall be |
21 | | reduced by the sum arrived at by subtracting the |
22 | | Transportation Fund tax rate from .12% and multiplying that |
23 | | amount by the district's real equalized assessed valuation as |
24 | | computed under paragraph (3) of subsection (d) of Section |
25 | | 18-8.15, provided that in no case shall said reduction result |
26 | | in reimbursement of less than 4/5 of the cost to transport |
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1 | | eligible pupils. No such adjustment may be applied to a claim |
2 | | filed by a State-authorized charter school. |
3 | | Subject to the calculation of equalized assessed |
4 | | valuation, an adjustment for an insufficient tax rate, and the |
5 | | use of a qualifying rate as provided in this Section, a |
6 | | State-authorized charter school may make a claim for |
7 | | reimbursement by the State that is calculated in the same |
8 | | manner as a school district. |
9 | | The minimum amount to be received by a district is $16 |
10 | | times the number of eligible pupils transported. |
11 | | When calculating the reimbursement for transportation |
12 | | costs, the State Board of Education may not deduct the number |
13 | | of pupils enrolled in early education programs from the number |
14 | | of pupils eligible for reimbursement if the pupils enrolled in |
15 | | the early education programs are transported at the same time |
16 | | as other eligible pupils. |
17 | | Any such district transporting resident pupils during the |
18 | | school day to an area vocational school or another school |
19 | | district's vocational program more than 1 1/2 miles from the |
20 | | school attended, as provided in Sections 10-22.20a and |
21 | | 10-22.22, shall be reimbursed by the State for 4/5 of the cost |
22 | | of transporting eligible pupils. |
23 | | School day means that period of time during which the |
24 | | pupil is required to be in attendance for instructional |
25 | | purposes. |
26 | | If a pupil is at a location within the school district |
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1 | | other than his residence for child care purposes at the time |
2 | | for transportation to school, that location may be considered |
3 | | for purposes of determining the 1 1/2 miles from the school |
4 | | attended. |
5 | | Claims for reimbursement that include children who attend |
6 | | any school other than a public school shall show the number of |
7 | | such children transported. |
8 | | Claims for reimbursement under this Section shall not be |
9 | | paid for the transportation of pupils for whom transportation |
10 | | costs are claimed for payment under other Sections of this |
11 | | Act. |
12 | | The allowable direct cost of transporting pupils for |
13 | | regular, vocational, and special education pupil |
14 | | transportation shall be limited to the sum of the cost of |
15 | | physical examinations required for employment as a school bus |
16 | | driver; the salaries of full-time or part-time drivers and |
17 | | school bus maintenance personnel; employee benefits excluding |
18 | | Illinois municipal retirement payments, social security |
19 | | payments, unemployment insurance payments and workers' |
20 | | compensation insurance premiums; expenditures to independent |
21 | | carriers who operate school buses; payments to other school |
22 | | districts for pupil transportation services; pre-approved |
23 | | contractual expenditures for computerized bus scheduling; |
24 | | expenditures for housing assistance and homeless prevention |
25 | | under Sections 1-17 and 1-18 of the Education for Homeless |
26 | | Children Act that are not in excess of the school district's |
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1 | | actual costs for providing transportation services and are not |
2 | | otherwise claimed in another State or federal grant that |
3 | | permits those costs to a parent, a legal guardian, any other |
4 | | person who enrolled a pupil, or a homeless assistance agency |
5 | | that is part of the federal McKinney-Vento Homeless Assistance |
6 | | Act's continuum of care for the area in which the district is |
7 | | located; the cost of gasoline, oil, tires, and other supplies |
8 | | necessary for the operation of school buses; the cost of |
9 | | converting buses' gasoline engines to more fuel efficient |
10 | | engines or to engines which use alternative energy sources; |
11 | | the cost of travel to meetings and workshops conducted by the |
12 | | regional superintendent or the State Superintendent of |
13 | | Education pursuant to the standards established by the |
14 | | Secretary of State under Section 6-106 of the Illinois Vehicle |
15 | | Code to improve the driving skills of school bus drivers; the |
16 | | cost of maintenance of school buses including parts and |
17 | | materials used; expenditures for leasing transportation |
18 | | vehicles, except interest and service charges; the cost of |
19 | | insurance and licenses for transportation vehicles; |
20 | | expenditures for the rental of transportation equipment; plus |
21 | | a depreciation allowance of 20% for 5 years for school buses |
22 | | and vehicles approved for transporting pupils to and from |
23 | | school and a depreciation allowance of 10% for 10 years for |
24 | | other transportation equipment so used. Each school year, if a |
25 | | school district has made expenditures to the Regional |
26 | | Transportation Authority or any of its service boards, a mass |
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1 | | transit district, or an urban transportation district under an |
2 | | intergovernmental agreement with the district to provide for |
3 | | the transportation of pupils and if the public transit carrier |
4 | | received direct payment for services or passes from a school |
5 | | district within its service area during the 2000-2001 school |
6 | | year, then the allowable direct cost of transporting pupils |
7 | | for regular, vocational, and special education pupil |
8 | | transportation shall also include the expenditures that the |
9 | | district has made to the public transit carrier. In addition |
10 | | to the above allowable costs, school districts shall also |
11 | | claim all transportation supervisory salary costs, including |
12 | | Illinois municipal retirement payments, and all transportation |
13 | | related building and building maintenance costs without |
14 | | limitation. |
15 | | Special education allowable costs shall also include |
16 | | expenditures for the salaries of attendants or aides for that |
17 | | portion of the time they assist special education pupils while |
18 | | in transit and expenditures for parents and public carriers |
19 | | for transporting special education pupils when pre-approved by |
20 | | the State Superintendent of Education. |
21 | | Indirect costs shall be included in the reimbursement |
22 | | claim for districts which own and operate their own school |
23 | | buses. Such indirect costs shall include administrative costs, |
24 | | or any costs attributable to transporting pupils from their |
25 | | attendance centers to another school building for |
26 | | instructional purposes. No school district which owns and |
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1 | | operates its own school buses may claim reimbursement for |
2 | | indirect costs which exceed 5% of the total allowable direct |
3 | | costs for pupil transportation. |
4 | | The State Board of Education shall prescribe uniform |
5 | | regulations for determining the above standards and shall |
6 | | prescribe forms of cost accounting and standards of |
7 | | determining reasonable depreciation. Such depreciation shall |
8 | | include the cost of equipping school buses with the safety |
9 | | features required by law or by the rules, regulations and |
10 | | standards promulgated by the State Board of Education, and the |
11 | | Department of Transportation for the safety and construction |
12 | | of school buses provided, however, any equipment cost |
13 | | reimbursed by the Department of Transportation for equipping |
14 | | school buses with such safety equipment shall be deducted from |
15 | | the allowable cost in the computation of reimbursement under |
16 | | this Section in the same percentage as the cost of the |
17 | | equipment is depreciated. |
18 | | On or before August 15, annually, the chief school |
19 | | administrator for the district shall certify to the State |
20 | | Superintendent of Education the district's claim for |
21 | | reimbursement for the school year ending on June 30 next |
22 | | preceding. The State Superintendent of Education shall check |
23 | | and approve the claims and prepare the vouchers showing the |
24 | | amounts due for district reimbursement claims. Each fiscal |
25 | | year, the State Superintendent of Education shall prepare and |
26 | | transmit the first 3 vouchers to the Comptroller on the 30th |
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1 | | day of September, December and March, respectively, and the |
2 | | final voucher, no later than June 20. |
3 | | If the amount appropriated for transportation |
4 | | reimbursement is insufficient to fund total claims for any |
5 | | fiscal year, the State Board of Education shall reduce each |
6 | | school district's allowable costs and flat grant amount |
7 | | proportionately to make total adjusted claims equal the total |
8 | | amount appropriated. |
9 | | For purposes of calculating claims for reimbursement under |
10 | | this Section for any school year beginning July 1, 2016, the |
11 | | equalized assessed valuation for a school district or partial |
12 | | elementary unit district formed pursuant to Article 11E used |
13 | | to compute reimbursement shall be the real equalized assessed |
14 | | valuation as computed under paragraph (3) of subsection (d) of |
15 | | Section 18-8.15. |
16 | | All reimbursements received from the State shall be |
17 | | deposited into the district's transportation fund or into the |
18 | | fund from which the allowable expenditures were made. |
19 | | Notwithstanding any other provision of law, any school |
20 | | district receiving a payment under this Section or under |
21 | | Section 14-7.02, 14-7.02b, or 14-13.01 of this Code may |
22 | | classify all or a portion of the funds that it receives in a |
23 | | particular fiscal year or from State aid pursuant to Section |
24 | | 18-8.15 of this Code as funds received in connection with any |
25 | | funding program for which it is entitled to receive funds from |
26 | | the State in that fiscal year (including, without limitation, |
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1 | | any funding program referenced in this Section), regardless of |
2 | | the source or timing of the receipt. The district may not |
3 | | classify more funds as funds received in connection with the |
4 | | funding program than the district is entitled to receive in |
5 | | that fiscal year for that program. Any classification by a |
6 | | district must be made by a resolution of its board of |
7 | | education. The resolution must identify the amount of any |
8 | | payments or general State aid to be classified under this |
9 | | paragraph and must specify the funding program to which the |
10 | | funds are to be treated as received in connection therewith. |
11 | | This resolution is controlling as to the classification of |
12 | | funds referenced therein. A certified copy of the resolution |
13 | | must be sent to the State Superintendent of Education. The |
14 | | resolution shall still take effect even though a copy of the |
15 | | resolution has not been sent to the State Superintendent of |
16 | | Education in a timely manner. No classification under this |
17 | | paragraph by a district shall affect the total amount or |
18 | | timing of money the district is entitled to receive under this |
19 | | Code. No classification under this paragraph by a district |
20 | | shall in any way relieve the district from or affect any |
21 | | requirements that otherwise would apply with respect to that |
22 | | funding program, including any accounting of funds by source, |
23 | | reporting expenditures by original source and purpose, |
24 | | reporting requirements, or requirements of providing services. |
25 | | Any school district with a population of not more than |
26 | | 500,000 must deposit all funds received under this Article |
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1 | | into the transportation fund and use those funds for the |
2 | | provision of transportation services. |
3 | | (Source: P.A. 102-539, eff. 8-20-21; 102-813, eff. 5-13-22.) |
4 | | Section 3-35. The Early Childhood Access Consortium for |
5 | | Equity Act is amended by changing Sections 15, 20, 25, and 30 |
6 | | as follows: |
7 | | (110 ILCS 28/15) |
8 | | Sec. 15. Creation of Consortium; purpose; administrative |
9 | | support. |
10 | | (a) The Board of Higher Education and the Illinois |
11 | | Community College Board shall create and establish the Early |
12 | | Childhood Access Consortium for Equity. |
13 | | (b) The purpose of the Consortium is to serve the needs of |
14 | | the incumbent early childhood workforce and the employers of |
15 | | early childhood educators and to advance racial equity while |
16 | | meeting the needs of employers by streamlining, coordinating, |
17 | | and improving the accessibility of degree completion pathways |
18 | | for upskilling and the sustained expansion of educational |
19 | | pipelines at Illinois institutions of higher education. |
20 | | (c) The Board of Higher Education and the Illinois |
21 | | Community College Board shall convene the member institutions |
22 | | by July 1, 2021 or within 60 days after the effective date of |
23 | | this amendatory Act of the 102nd General Assembly. The Board |
24 | | of Higher Education and the Illinois Community College Board |
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1 | | shall provide administrative support for the start up and |
2 | | operation of the Consortium until a permanent governance |
3 | | structure is developed and implemented. The Board of Higher |
4 | | Education and the Illinois Community College Board shall work |
5 | | with member institutions to establish geographic regional |
6 | | hubs, including public universities and the proximate |
7 | | community colleges responsible for serving each regional hub. |
8 | | (Source: P.A. 102-174, eff. 7-28-21.) |
9 | | (110 ILCS 28/20) |
10 | | Sec. 20. Membership; functions. |
11 | | (a) Membership in the Consortium shall include all public |
12 | | universities and community colleges in this State that offer |
13 | | early childhood programs. Membership by private, |
14 | | not-for-profit universities is optional and conditional on the |
15 | | acceptance of the terms adopted by the public members, the |
16 | | related administrative rules, and the provisions of this Act. |
17 | | For-profit institutions of higher education are not eligible |
18 | | for membership in the Consortium. Participating institutions |
19 | | must be accredited by the Higher Learning Commission and |
20 | | entitled to offer Gateways Credentials. |
21 | | (b) The members of the Consortium shall operate jointly |
22 | | and in cooperation through regional hubs to provide |
23 | | streamlined paths for students to attain associate degrees, |
24 | | bachelor's degrees, master's degrees, certificates, and |
25 | | Gateways Credentials and other licensure endorsements in early |
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1 | | childhood education. The priority shall be to focus on the |
2 | | incumbent workforce, which includes working adults who require |
3 | | programs of study that offer flexibility in the times courses |
4 | | are offered, location, and format. The Consortium shall |
5 | | cooperate in all of the following: |
6 | | (1) Providing course offerings within each regional |
7 | | hub in online, hybrid, and in-person formats that are |
8 | | available to any student enrolled in a member institution |
9 | | in that hub for occasions in which a particular course is |
10 | | not available at the student's home institution. In this |
11 | | paragraph (1), "not available" may mean the course is not |
12 | | offered during a term, at a time, or in a format that works |
13 | | best for the student. Courses taken at any member |
14 | | institution shall be accepted toward the student's degree |
15 | | at any other member institution. Course offerings across |
16 | | institutions regional hubs may also be provided by an |
17 | | agreement between Consortium members. All course |
18 | | registration shall take place in consultation with a |
19 | | student's academic advisor. |
20 | | (2) Shared responsibilities through the Consortium and |
21 | | within and across the State regional hubs to expand access |
22 | | for students. |
23 | | (3) Transfers in accordance with Section 130-10 of the |
24 | | Transitions in Education Act. |
25 | | (4) The development of standardized methods for |
26 | | awarding credit for prior learning. |
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1 | | (5) The support necessary for student access, |
2 | | persistence, and completion shall be provided by the home |
3 | | institution, unless otherwise provided by agreement |
4 | | between Consortium members. |
5 | | (6) Admissions, financial arrangements, registration, |
6 | | and advising services shall be functions of the home |
7 | | institution but shall be honored across the Consortium. |
8 | | (7) Member institutions working with their regional |
9 | | pre-kindergarten through 12th grade and early childhood |
10 | | employer partners to determine demand throughout the |
11 | | region. |
12 | | (8) Data-sharing agreements. |
13 | | (9) An agreement that students enrolled in associate |
14 | | degree programs are encouraged to complete the associate |
15 | | degree program prior to transferring to a bachelor's |
16 | | degree program. |
17 | | (10) Development of other shared agreements and terms |
18 | | necessary to implement the Consortium and its |
19 | | responsibilities. |
20 | | By January 31, 2022, the Consortium shall decide how to |
21 | | assign college credit for the incumbent workers who have a |
22 | | Child Development Associate (CDA) credential and for future |
23 | | workers obtaining a CDA. |
24 | | (c) The Consortium may facilitate or implement the |
25 | | following if deemed beneficial and feasible: |
26 | | (1) the creation of an open education resource |
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1 | | library; |
2 | | (2) support and training for program coaches and |
3 | | cross-institutional navigators; and |
4 | | (3) support for the development, implementation, and |
5 | | participation in a statewide registry system through the |
6 | | Illinois Network of Child Care Resource and Referral |
7 | | Agencies (INCCRRA) to provide tracking and data |
8 | | capabilities for students across the system as they attain |
9 | | competency through coursework. |
10 | | (Source: P.A. 102-174, eff. 7-28-21.) |
11 | | (110 ILCS 28/25) |
12 | | Sec. 25. Advisory committee; membership. |
13 | | (a) The Board of Higher Education, the Illinois Community |
14 | | College Board, the State Board of Education, the Department of |
15 | | Human Services, and the Governor's Office of Early Childhood |
16 | | Development shall jointly convene a Consortium advisory |
17 | | committee to provide guidance on the operation of the |
18 | | Consortium. |
19 | | (b) Membership on the advisory committee shall be |
20 | | comprised of employers and experts appointed by the Board of |
21 | | Higher Education, the Illinois Community College Board, the |
22 | | Governor's Office of Early Childhood Development, and the |
23 | | State Board of Education. Membership shall also include all of |
24 | | the following members: |
25 | | (1) An employer from a community-based child care |
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1 | | provider, appointed by the Governor's Office of Early |
2 | | Childhood Development. |
3 | | (2) An employer from a for-profit child care provider, |
4 | | appointed by the Governor's Office of Early Childhood |
5 | | Development. |
6 | | (3) An employer from a nonprofit child care provider, |
7 | | appointed by the Governor's Office of Early Childhood |
8 | | Development. |
9 | | (4) A provider of family child care, appointed by the |
10 | | Governor's Office of Early Childhood Development. |
11 | | (5) An employer located in southern Illinois, |
12 | | appointed by the Governor's Office of Early Childhood |
13 | | Development. |
14 | | (6) An employer located in central Illinois, appointed |
15 | | by the Governor's Office of Early Childhood Development. |
16 | | (7) At least one member who represents an urban school |
17 | | district, appointed by the State Board of Education. |
18 | | (8) At least one member who represents a suburban |
19 | | school district, appointed by the State Board of |
20 | | Education. |
21 | | (9) At least one member who represents a rural school |
22 | | district, appointed by the State Board of Education. |
23 | | (10) At least one member who represents a school |
24 | | district in a city with a population of 500,000 or more, |
25 | | appointed by the State Board of Education. |
26 | | (11) Two early childhood advocates with statewide |
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1 | | expertise in early childhood workforce issues, appointed |
2 | | by the Governor's Office of Early Childhood Development. |
3 | | (12) The Chairperson or Vice-Chairperson and the |
4 | | Minority Spokesperson or a designee of the Senate |
5 | | Committee on Higher Education. |
6 | | (13) The Chairperson or Vice-Chairperson and the |
7 | | Minority Spokesperson or a designee of the House Committee |
8 | | on Higher Education. |
9 | | (14) One member representing the Illinois Community |
10 | | College Board, who shall serve as co-chairperson, |
11 | | appointed by the Illinois Community College Board. |
12 | | (15) One member representing the Board of Higher |
13 | | Education, who shall serve as co-chairperson, appointed by |
14 | | the Board of Higher Education. |
15 | | (16) One member representing the Illinois Student |
16 | | Assistance Commission, appointed by the Illinois Student |
17 | | Assistance Commission Board of Higher Education . |
18 | | (17) One member representing the State Board of |
19 | | Education, who shall serve as co-chairperson, appointed by |
20 | | the State Board of Education. |
21 | | (18) One member representing the Governor's Office of |
22 | | Early Childhood Development, who shall serve as |
23 | | co-chairperson, appointed by the Governor's Office of |
24 | | Early Childhood Development. |
25 | | (19) One member representing the Department of Human |
26 | | Services, who shall serve as co-chairperson, appointed by |
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1 | | the Governor's Office of Early Childhood Development. |
2 | | (20) One member representing INCCRRA, appointed by the |
3 | | Governor's Office of Early Childhood Development. |
4 | | (21) One member representing the Department of |
5 | | Children and Family Services, appointed by the Governor's |
6 | | Office of Early Childhood Development. |
7 | | (22) One member representing an organization that |
8 | | advocates on behalf of community college trustees, |
9 | | appointed by the Illinois Community College Board. |
10 | | (23) One member of a union representing child care and |
11 | | early childhood providers, appointed by the Governor's |
12 | | Office of Early Childhood Development. |
13 | | (24) Two members of unions representing higher |
14 | | education faculty, appointed by the Board of Higher |
15 | | Education. |
16 | | (25) A representative from the College of Education of |
17 | | an urban public university, appointed by the Board of |
18 | | Higher Education. |
19 | | (26) A representative from the College of Education of |
20 | | a suburban public university, appointed by the Board of |
21 | | Higher Education. |
22 | | (27) A representative from the College of Education of |
23 | | a rural public university, appointed by the Board of |
24 | | Higher Education. |
25 | | (28) A representative from the College of Education of |
26 | | a private university, appointed by the Board of Higher |
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1 | | Education. |
2 | | (29) A representative of an urban community college, |
3 | | appointed by the Illinois Community College Board. |
4 | | (30) A representative of a suburban community college, |
5 | | appointed by the Illinois Community College Board. |
6 | | (31) A representative of rural community college, |
7 | | appointed by the Illinois Community College Board. |
8 | | (c) The advisory committee shall meet at least twice a |
9 | | year quarterly . The committee meetings shall be open to the |
10 | | public in accordance with the provisions of the Open Meetings |
11 | | Act. |
12 | | (d) Except for the co-chairpersons of the advisory |
13 | | committee, the initial terms for advisory committee members |
14 | | after the effective date of this amendatory Act of the 103rd |
15 | | General Assembly shall be set by lottery at the first meeting |
16 | | after the effective date of this amendatory Act of the 103rd |
17 | | General Assembly as follows: |
18 | | (1) One-third of members shall serve a 1-year term. |
19 | | (2) One-third of members shall serve a 2-year term. |
20 | | (3) One-third of members shall serve a 3-year term. |
21 | | (e) The initial term of co-chairpersons of the advisory |
22 | | committee shall be for 3 years. |
23 | | (f) After the initial term, each subsequent term for the |
24 | | members of the advisory committee shall be for 3 years or until |
25 | | a successor is appointed. |
26 | | (g) The members of the advisory committee shall serve |
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1 | | without compensation, but shall be entitled to reimbursement |
2 | | for all necessary expenses incurred in the performance of |
3 | | their official duties as members of the advisory committee |
4 | | from funds appropriated for that purpose. |
5 | | (Source: P.A. 102-174, eff. 7-28-21.) |
6 | | (110 ILCS 28/30) |
7 | | Sec. 30. Reporting. The Consortium shall report to the |
8 | | General Assembly, to the Senate and House Committees with |
9 | | oversight over higher education, to the Governor, and to the |
10 | | advisory committee on the progress made by the Consortium. A |
11 | | report must include, but is not limited to, all of the |
12 | | following information: |
13 | | (1) Student enrollment numbers by academic year for |
14 | | the fall and spring terms or semesters , retention rates, |
15 | | persistence , and completion in relevant associate, |
16 | | baccalaureate, and credential programs, including |
17 | | demographic data that is disaggregated by race, ethnicity, |
18 | | geography, higher education sector, and federal Pell Grant |
19 | | status, reported annually twice per year. Completion |
20 | | numbers and rates, employer type, and years worked shall |
21 | | be reported annually . |
22 | | (2) For students enrolled in early childhood programs, |
23 | | average assessed tuition, average Tuition rates charged |
24 | | and net price, number of students receiving student loans, |
25 | | and average loan amount prices paid, reported both as |
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1 | | including and excluding student loans, by enrolled members |
2 | | of the incumbent workforce , reported annually. |
3 | | (3) Outreach plans to recruit and enroll incumbent |
4 | | workforce members, reported annually twice per year . |
5 | | (4) Participation of the incumbent workforce in |
6 | | outreach programs, which may include participation in an |
7 | | informational session, social media engagement, or other |
8 | | activities, reported annually twice per year . |
9 | | (5) Student academic and holistic support plans to |
10 | | help the enrolled incumbent workforce persist in their |
11 | | education, reported annually. |
12 | | (6) Evidence of engagement and responsiveness to the |
13 | | needs of employer partners, reported annually. |
14 | | (7) The Consortium budget including the use of federal |
15 | | funds, reported annually. |
16 | | (8) Member contributions, including financial, |
17 | | physical, or in-kind contributions, provided to the |
18 | | Consortium, reported annually. |
19 | | (9) Information on Early Childhood Access Consortium |
20 | | for Equity Scholarships awarded under the Higher Education |
21 | | Student Assistance Act, including demographic data that is |
22 | | disaggregated by race and ethnicity, federal Pell Grant |
23 | | eligibility status, geography, age, gender, and higher |
24 | | education sector, reported annually. Employer type and |
25 | | years worked, as provided by students via the scholarship |
26 | | application, reported annually. To the extent possible |
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1 | | given available data and resources, information on |
2 | | scholarship recipients' subsequent employment in the early |
3 | | childhood care and education field in this State. |
4 | | (Source: P.A. 102-174, eff. 7-28-21.) |
5 | | Section 3-37. The Higher Education Student Assistance Act |
6 | | is amended by adding Section 65.125 as follows: |
7 | | (110 ILCS 947/65.125 new) |
8 | | Sec. 65.125. Early Childhood Access Consortium for Equity |
9 | | Scholarship Program. |
10 | | (a) As used in this Section, "incumbent workforce" has the |
11 | | meaning ascribed to that term in the Early Childhood Access |
12 | | Consortium for Equity Act. |
13 | | (b) Subject to appropriation, the Commission shall |
14 | | implement and administer an early childhood educator |
15 | | scholarship program, to be known as the Early Childhood Access |
16 | | Consortium for Equity Scholarship Program. Under the Program, |
17 | | the Commission shall annually award scholarships to early |
18 | | childhood education students enrolled in institutions of |
19 | | higher education participating in the Early Childhood Access |
20 | | Consortium for Equity under the Early Childhood Access |
21 | | Consortium for Equity Act with preference given to members of |
22 | | the incumbent workforce. |
23 | | (c) To ensure alignment with Consortium goals and changing |
24 | | workforce needs, the Commission shall work in partnership with |
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1 | | the Board of Higher Education and the Illinois Community |
2 | | College Board in program design, and the Board of Higher |
3 | | Education and the Illinois Community College Board shall |
4 | | solicit feedback from the Consortium advisory committee |
5 | | established under Section 25 of the Early Childhood Access |
6 | | Consortium for Equity Act. |
7 | | (d) In awarding a scholarship under this Section, the |
8 | | Commission may give preference to applicants who received a |
9 | | scholarship under this Section during the prior academic year, |
10 | | to applicants with financial need, or both. |
11 | | (e) Prior to receiving scholarship assistance for any |
12 | | academic year, each recipient of a scholarship awarded under |
13 | | this Section shall be required by the Commission to sign an |
14 | | agreement under which the recipient pledges to continue or |
15 | | return to teaching or direct services in the early childhood |
16 | | care and education field in this State after they complete |
17 | | their program of study. |
18 | | (f) The Commission may adopt any rules necessary to |
19 | | implement and administer the Program. |
20 | | Section 3-45. The Illinois Horse Racing Act of 1975 is |
21 | | amended by changing Section 28.1 as follows: |
22 | | (230 ILCS 5/28.1) |
23 | | Sec. 28.1. Payments. |
24 | | (a) Beginning on January 1, 2000, moneys collected by the |
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1 | | Department of Revenue and the Racing Board pursuant to Section |
2 | | 26 or Section 27 of this Act shall be deposited into the Horse |
3 | | Racing Fund, which is hereby created as a special fund in the |
4 | | State Treasury. |
5 | | (b) Appropriations, as approved by the General Assembly, |
6 | | may be made from the Horse Racing Fund to the Board to pay the |
7 | | salaries of the Board members, secretary, stewards, directors |
8 | | of mutuels, veterinarians, representatives, accountants, |
9 | | clerks, stenographers, inspectors and other employees of the |
10 | | Board, and all expenses of the Board incident to the |
11 | | administration of this Act, including, but not limited to, all |
12 | | expenses and salaries incident to the taking of saliva and |
13 | | urine samples in accordance with the rules and regulations of |
14 | | the Board. |
15 | | (c) (Blank). |
16 | | (d) Beginning January 1, 2000, payments to all programs in |
17 | | existence on the effective date of this amendatory Act of 1999 |
18 | | that are identified in Sections 26(c), 26(f), 26(h)(11)(C), |
19 | | and 28, subsections (a), (b), (c), (d), (e), (f), (g), and (h) |
20 | | of Section 30, and subsections (a), (b), (c), (d), (e), (f), |
21 | | (g), and (h) of Section 31 shall be made from the General |
22 | | Revenue Fund at the funding levels determined by amounts paid |
23 | | under this Act in calendar year 1998. Beginning on the |
24 | | effective date of this amendatory Act of the 93rd General |
25 | | Assembly, payments to the Peoria Park District shall be made |
26 | | from the General Revenue Fund at the funding level determined |
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1 | | by amounts paid to that park district for museum purposes |
2 | | under this Act in calendar year 1994. |
3 | | If an inter-track wagering location licensee's facility |
4 | | changes its location, then the payments associated with that |
5 | | facility under this subsection (d) for museum purposes shall |
6 | | be paid to the park district in the area where the facility |
7 | | relocates, and the payments shall be used for museum purposes. |
8 | | If the facility does not relocate to a park district, then the |
9 | | payments shall be paid to the taxing district that is |
10 | | responsible for park or museum expenditures. |
11 | | (e) Beginning July 1, 2006, the payment authorized under |
12 | | subsection (d) to museums and aquariums located in park |
13 | | districts of over 500,000 population shall be paid to museums, |
14 | | aquariums, and zoos in amounts determined by Museums in the |
15 | | Park, an association of museums, aquariums, and zoos located |
16 | | on Chicago Park District property. |
17 | | (f) Beginning July 1, 2007, the Children's Discovery |
18 | | Museum in Normal, Illinois shall receive payments from the |
19 | | General Revenue Fund at the funding level determined by the |
20 | | amounts paid to the Miller Park Zoo in Bloomington, Illinois |
21 | | under this Section in calendar year 2006. |
22 | | (g) On July 3, 2024 2023 , the Comptroller shall order |
23 | | transferred and the Treasurer shall transfer $3,200,000 |
24 | | $5,100,000 from the Horse Racing Fund to the Horse Racing |
25 | | Purse Equity Fund. |
26 | | (Source: P.A. 102-16, eff. 6-17-21; 103-8, eff. 7-1-23.) |
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1 | | Section 3-50. The Illinois Public Aid Code is amended by |
2 | | changing Section 5-5.4 as follows: |
3 | | (305 ILCS 5/5-5.4) (from Ch. 23, par. 5-5.4) |
4 | | Sec. 5-5.4. Standards of payment; Department Payment - |
5 | | Department of Healthcare and Family Services. The Department |
6 | | of Healthcare and Family Services shall develop standards of |
7 | | payment of nursing facility and ICF/DD services in facilities |
8 | | providing such services under this Article which: |
9 | | (1) Provide for the determination of a facility's payment |
10 | | for nursing facility or ICF/DD services on a prospective |
11 | | basis. The amount of the payment rate for all nursing |
12 | | facilities certified by the Department of Public Health under |
13 | | the ID/DD Community Care Act or the Nursing Home Care Act as |
14 | | Intermediate Care for the Developmentally Disabled facilities, |
15 | | Long Term Care for Under Age 22 facilities, Skilled Nursing |
16 | | facilities, or Intermediate Care facilities under the medical |
17 | | assistance program shall be prospectively established annually |
18 | | on the basis of historical, financial, and statistical data |
19 | | reflecting actual costs from prior years, which shall be |
20 | | applied to the current rate year and updated for inflation, |
21 | | except that the capital cost element for newly constructed |
22 | | facilities shall be based upon projected budgets. The annually |
23 | | established payment rate shall take effect on July 1 in 1984 |
24 | | and subsequent years. No rate increase and no update for |
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1 | | inflation shall be provided on or after July 1, 1994, unless |
2 | | specifically provided for in this Section. The changes made by |
3 | | Public Act 93-841 extending the duration of the prohibition |
4 | | against a rate increase or update for inflation are effective |
5 | | retroactive to July 1, 2004. |
6 | | For facilities licensed by the Department of Public Health |
7 | | under the Nursing Home Care Act as Intermediate Care for the |
8 | | Developmentally Disabled facilities or Long Term Care for |
9 | | Under Age 22 facilities, the rates taking effect on July 1, |
10 | | 1998 shall include an increase of 3%. For facilities licensed |
11 | | by the Department of Public Health under the Nursing Home Care |
12 | | Act as Skilled Nursing facilities or Intermediate Care |
13 | | facilities, the rates taking effect on July 1, 1998 shall |
14 | | include an increase of 3% plus $1.10 per resident-day, as |
15 | | defined by the Department. For facilities licensed by the |
16 | | Department of Public Health under the Nursing Home Care Act as |
17 | | Intermediate Care Facilities for the Developmentally Disabled |
18 | | or Long Term Care for Under Age 22 facilities, the rates taking |
19 | | effect on January 1, 2006 shall include an increase of 3%. For |
20 | | facilities licensed by the Department of Public Health under |
21 | | the Nursing Home Care Act as Intermediate Care Facilities for |
22 | | the Developmentally Disabled or Long Term Care for Under Age |
23 | | 22 facilities, the rates taking effect on January 1, 2009 |
24 | | shall include an increase sufficient to provide a $0.50 per |
25 | | hour wage increase for non-executive staff. For facilities |
26 | | licensed by the Department of Public Health under the ID/DD |
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1 | | Community Care Act as ID/DD Facilities the rates taking effect |
2 | | within 30 days after July 6, 2017 (the effective date of Public |
3 | | Act 100-23) shall include an increase sufficient to provide a |
4 | | $0.75 per hour wage increase for non-executive staff. The |
5 | | Department shall adopt rules, including emergency rules under |
6 | | subsection (y) of Section 5-45 of the Illinois Administrative |
7 | | Procedure Act, to implement the provisions of this paragraph. |
8 | | For facilities licensed by the Department of Public Health |
9 | | under the ID/DD Community Care Act as ID/DD Facilities and |
10 | | under the MC/DD Act as MC/DD Facilities, the rates taking |
11 | | effect within 30 days after June 5, 2019 (the effective date of |
12 | | Public Act 101-10) shall include an increase sufficient to |
13 | | provide a $0.50 per hour wage increase for non-executive |
14 | | front-line personnel, including, but not limited to, direct |
15 | | support persons, aides, front-line supervisors, qualified |
16 | | intellectual disabilities professionals, nurses, and |
17 | | non-administrative support staff. The Department shall adopt |
18 | | rules, including emergency rules under subsection (bb) of |
19 | | Section 5-45 of the Illinois Administrative Procedure Act, to |
20 | | implement the provisions of this paragraph. |
21 | | For facilities licensed by the Department of Public Health |
22 | | under the Nursing Home Care Act as Intermediate Care for the |
23 | | Developmentally Disabled facilities or Long Term Care for |
24 | | Under Age 22 facilities, the rates taking effect on July 1, |
25 | | 1999 shall include an increase of 1.6% plus $3.00 per |
26 | | resident-day, as defined by the Department. For facilities |
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1 | | licensed by the Department of Public Health under the Nursing |
2 | | Home Care Act as Skilled Nursing facilities or Intermediate |
3 | | Care facilities, the rates taking effect on July 1, 1999 shall |
4 | | include an increase of 1.6% and, for services provided on or |
5 | | after October 1, 1999, shall be increased by $4.00 per |
6 | | resident-day, as defined by the Department. |
7 | | For facilities licensed by the Department of Public Health |
8 | | under the Nursing Home Care Act as Intermediate Care for the |
9 | | Developmentally Disabled facilities or Long Term Care for |
10 | | Under Age 22 facilities, the rates taking effect on July 1, |
11 | | 2000 shall include an increase of 2.5% per resident-day, as |
12 | | defined by the Department. For facilities licensed by the |
13 | | Department of Public Health under the Nursing Home Care Act as |
14 | | Skilled Nursing facilities or Intermediate Care facilities, |
15 | | the rates taking effect on July 1, 2000 shall include an |
16 | | increase of 2.5% per resident-day, as defined by the |
17 | | Department. |
18 | | For facilities licensed by the Department of Public Health |
19 | | under the Nursing Home Care Act as skilled nursing facilities |
20 | | or intermediate care facilities, a new payment methodology |
21 | | must be implemented for the nursing component of the rate |
22 | | effective July 1, 2003. The Department of Public Aid (now |
23 | | Healthcare and Family Services) shall develop the new payment |
24 | | methodology using the Minimum Data Set (MDS) as the instrument |
25 | | to collect information concerning nursing home resident |
26 | | condition necessary to compute the rate. The Department shall |
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1 | | develop the new payment methodology to meet the unique needs |
2 | | of Illinois nursing home residents while remaining subject to |
3 | | the appropriations provided by the General Assembly. A |
4 | | transition period from the payment methodology in effect on |
5 | | June 30, 2003 to the payment methodology in effect on July 1, |
6 | | 2003 shall be provided for a period not exceeding 3 years and |
7 | | 184 days after implementation of the new payment methodology |
8 | | as follows: |
9 | | (A) For a facility that would receive a lower nursing |
10 | | component rate per patient day under the new system than |
11 | | the facility received effective on the date immediately |
12 | | preceding the date that the Department implements the new |
13 | | payment methodology, the nursing component rate per |
14 | | patient day for the facility shall be held at the level in |
15 | | effect on the date immediately preceding the date that the |
16 | | Department implements the new payment methodology until a |
17 | | higher nursing component rate of reimbursement is achieved |
18 | | by that facility. |
19 | | (B) For a facility that would receive a higher nursing |
20 | | component rate per patient day under the payment |
21 | | methodology in effect on July 1, 2003 than the facility |
22 | | received effective on the date immediately preceding the |
23 | | date that the Department implements the new payment |
24 | | methodology, the nursing component rate per patient day |
25 | | for the facility shall be adjusted. |
26 | | (C) Notwithstanding paragraphs (A) and (B), the |
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1 | | nursing component rate per patient day for the facility |
2 | | shall be adjusted subject to appropriations provided by |
3 | | the General Assembly. |
4 | | For facilities licensed by the Department of Public Health |
5 | | under the Nursing Home Care Act as Intermediate Care for the |
6 | | Developmentally Disabled facilities or Long Term Care for |
7 | | Under Age 22 facilities, the rates taking effect on March 1, |
8 | | 2001 shall include a statewide increase of 7.85%, as defined |
9 | | by the Department. |
10 | | Notwithstanding any other provision of this Section, for |
11 | | facilities licensed by the Department of Public Health under |
12 | | the Nursing Home Care Act as skilled nursing facilities or |
13 | | intermediate care facilities, except facilities participating |
14 | | in the Department's demonstration program pursuant to the |
15 | | provisions of Title 77, Part 300, Subpart T of the Illinois |
16 | | Administrative Code, the numerator of the ratio used by the |
17 | | Department of Healthcare and Family Services to compute the |
18 | | rate payable under this Section using the Minimum Data Set |
19 | | (MDS) methodology shall incorporate the following annual |
20 | | amounts as the additional funds appropriated to the Department |
21 | | specifically to pay for rates based on the MDS nursing |
22 | | component methodology in excess of the funding in effect on |
23 | | December 31, 2006: |
24 | | (i) For rates taking effect January 1, 2007, |
25 | | $60,000,000. |
26 | | (ii) For rates taking effect January 1, 2008, |
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1 | | $110,000,000. |
2 | | (iii) For rates taking effect January 1, 2009, |
3 | | $194,000,000. |
4 | | (iv) For rates taking effect April 1, 2011, or the |
5 | | first day of the month that begins at least 45 days after |
6 | | February 16, 2011 (the effective date of Public Act |
7 | | 96-1530), $416,500,000 or an amount as may be necessary to |
8 | | complete the transition to the MDS methodology for the |
9 | | nursing component of the rate. Increased payments under |
10 | | this item (iv) are not due and payable, however, until (i) |
11 | | the methodologies described in this paragraph are approved |
12 | | by the federal government in an appropriate State Plan |
13 | | amendment and (ii) the assessment imposed by Section 5B-2 |
14 | | of this Code is determined to be a permissible tax under |
15 | | Title XIX of the Social Security Act. |
16 | | Notwithstanding any other provision of this Section, for |
17 | | facilities licensed by the Department of Public Health under |
18 | | the Nursing Home Care Act as skilled nursing facilities or |
19 | | intermediate care facilities, the support component of the |
20 | | rates taking effect on January 1, 2008 shall be computed using |
21 | | the most recent cost reports on file with the Department of |
22 | | Healthcare and Family Services no later than April 1, 2005, |
23 | | updated for inflation to January 1, 2006. |
24 | | For facilities licensed by the Department of Public Health |
25 | | under the Nursing Home Care Act as Intermediate Care for the |
26 | | Developmentally Disabled facilities or Long Term Care for |
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1 | | Under Age 22 facilities, the rates taking effect on April 1, |
2 | | 2002 shall include a statewide increase of 2.0%, as defined by |
3 | | the Department. This increase terminates on July 1, 2002; |
4 | | beginning July 1, 2002 these rates are reduced to the level of |
5 | | the rates in effect on March 31, 2002, as defined by the |
6 | | Department. |
7 | | For facilities licensed by the Department of Public Health |
8 | | under the Nursing Home Care Act as skilled nursing facilities |
9 | | or intermediate care facilities, the rates taking effect on |
10 | | July 1, 2001 shall be computed using the most recent cost |
11 | | reports on file with the Department of Public Aid no later than |
12 | | April 1, 2000, updated for inflation to January 1, 2001. For |
13 | | rates effective July 1, 2001 only, rates shall be the greater |
14 | | of the rate computed for July 1, 2001 or the rate effective on |
15 | | June 30, 2001. |
16 | | Notwithstanding any other provision of this Section, for |
17 | | facilities licensed by the Department of Public Health under |
18 | | the Nursing Home Care Act as skilled nursing facilities or |
19 | | intermediate care facilities, the Illinois Department shall |
20 | | determine by rule the rates taking effect on July 1, 2002, |
21 | | which shall be 5.9% less than the rates in effect on June 30, |
22 | | 2002. |
23 | | Notwithstanding any other provision of this Section, for |
24 | | facilities licensed by the Department of Public Health under |
25 | | the Nursing Home Care Act as skilled nursing facilities or |
26 | | intermediate care facilities, if the payment methodologies |
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1 | | required under Section 5A-12 and the waiver granted under 42 |
2 | | CFR 433.68 are approved by the United States Centers for |
3 | | Medicare and Medicaid Services, the rates taking effect on |
4 | | July 1, 2004 shall be 3.0% greater than the rates in effect on |
5 | | June 30, 2004. These rates shall take effect only upon |
6 | | approval and implementation of the payment methodologies |
7 | | required under Section 5A-12. |
8 | | Notwithstanding any other provisions of this Section, for |
9 | | facilities licensed by the Department of Public Health under |
10 | | the Nursing Home Care Act as skilled nursing facilities or |
11 | | intermediate care facilities, the rates taking effect on |
12 | | January 1, 2005 shall be 3% more than the rates in effect on |
13 | | December 31, 2004. |
14 | | Notwithstanding any other provision of this Section, for |
15 | | facilities licensed by the Department of Public Health under |
16 | | the Nursing Home Care Act as skilled nursing facilities or |
17 | | intermediate care facilities, effective January 1, 2009, the |
18 | | per diem support component of the rates effective on January |
19 | | 1, 2008, computed using the most recent cost reports on file |
20 | | with the Department of Healthcare and Family Services no later |
21 | | than April 1, 2005, updated for inflation to January 1, 2006, |
22 | | shall be increased to the amount that would have been derived |
23 | | using standard Department of Healthcare and Family Services |
24 | | methods, procedures, and inflators. |
25 | | Notwithstanding any other provisions of this Section, for |
26 | | facilities licensed by the Department of Public Health under |
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1 | | the Nursing Home Care Act as intermediate care facilities that |
2 | | are federally defined as Institutions for Mental Disease, or |
3 | | facilities licensed by the Department of Public Health under |
4 | | the Specialized Mental Health Rehabilitation Act of 2013, a |
5 | | socio-development component rate equal to 6.6% of the |
6 | | facility's nursing component rate as of January 1, 2006 shall |
7 | | be established and paid effective July 1, 2006. The |
8 | | socio-development component of the rate shall be increased by |
9 | | a factor of 2.53 on the first day of the month that begins at |
10 | | least 45 days after January 11, 2008 (the effective date of |
11 | | Public Act 95-707). As of August 1, 2008, the |
12 | | socio-development component rate shall be equal to 6.6% of the |
13 | | facility's nursing component rate as of January 1, 2006, |
14 | | multiplied by a factor of 3.53. For services provided on or |
15 | | after April 1, 2011, or the first day of the month that begins |
16 | | at least 45 days after February 16, 2011 (the effective date of |
17 | | Public Act 96-1530), whichever is later, the Illinois |
18 | | Department may by rule adjust these socio-development |
19 | | component rates, and may use different adjustment |
20 | | methodologies for those facilities participating, and those |
21 | | not participating, in the Illinois Department's demonstration |
22 | | program pursuant to the provisions of Title 77, Part 300, |
23 | | Subpart T of the Illinois Administrative Code, but in no case |
24 | | may such rates be diminished below those in effect on August 1, |
25 | | 2008. |
26 | | For facilities licensed by the Department of Public Health |
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1 | | under the Nursing Home Care Act as Intermediate Care for the |
2 | | Developmentally Disabled facilities or as long-term care |
3 | | facilities for residents under 22 years of age, the rates |
4 | | taking effect on July 1, 2003 shall include a statewide |
5 | | increase of 4%, as defined by the Department. |
6 | | For facilities licensed by the Department of Public Health |
7 | | under the Nursing Home Care Act as Intermediate Care for the |
8 | | Developmentally Disabled facilities or Long Term Care for |
9 | | Under Age 22 facilities, the rates taking effect on the first |
10 | | day of the month that begins at least 45 days after January 11, |
11 | | 2008 (the effective date of Public Act 95-707) shall include a |
12 | | statewide increase of 2.5%, as defined by the Department. |
13 | | Notwithstanding any other provision of this Section, for |
14 | | facilities licensed by the Department of Public Health under |
15 | | the Nursing Home Care Act as skilled nursing facilities or |
16 | | intermediate care facilities, effective January 1, 2005, |
17 | | facility rates shall be increased by the difference between |
18 | | (i) a facility's per diem property, liability, and malpractice |
19 | | insurance costs as reported in the cost report filed with the |
20 | | Department of Public Aid and used to establish rates effective |
21 | | July 1, 2001 and (ii) those same costs as reported in the |
22 | | facility's 2002 cost report. These costs shall be passed |
23 | | through to the facility without caps or limitations, except |
24 | | for adjustments required under normal auditing procedures. |
25 | | Rates established effective each July 1 shall govern |
26 | | payment for services rendered throughout that fiscal year, |
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1 | | except that rates established on July 1, 1996 shall be |
2 | | increased by 6.8% for services provided on or after January 1, |
3 | | 1997. Such rates will be based upon the rates calculated for |
4 | | the year beginning July 1, 1990, and for subsequent years |
5 | | thereafter until June 30, 2001 shall be based on the facility |
6 | | cost reports for the facility fiscal year ending at any point |
7 | | in time during the previous calendar year, updated to the |
8 | | midpoint of the rate year. The cost report shall be on file |
9 | | with the Department no later than April 1 of the current rate |
10 | | year. Should the cost report not be on file by April 1, the |
11 | | Department shall base the rate on the latest cost report filed |
12 | | by each skilled care facility and intermediate care facility, |
13 | | updated to the midpoint of the current rate year. In |
14 | | determining rates for services rendered on and after July 1, |
15 | | 1985, fixed time shall not be computed at less than zero. The |
16 | | Department shall not make any alterations of regulations which |
17 | | would reduce any component of the Medicaid rate to a level |
18 | | below what that component would have been utilizing in the |
19 | | rate effective on July 1, 1984. |
20 | | (2) Shall take into account the actual costs incurred by |
21 | | facilities in providing services for recipients of skilled |
22 | | nursing and intermediate care services under the medical |
23 | | assistance program. |
24 | | (3) Shall take into account the medical and psycho-social |
25 | | characteristics and needs of the patients. |
26 | | (4) Shall take into account the actual costs incurred by |
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1 | | facilities in meeting licensing and certification standards |
2 | | imposed and prescribed by the State of Illinois, any of its |
3 | | political subdivisions or municipalities and by the U.S. |
4 | | Department of Health and Human Services pursuant to Title XIX |
5 | | of the Social Security Act. |
6 | | The Department of Healthcare and Family Services shall |
7 | | develop precise standards for payments to reimburse nursing |
8 | | facilities for any utilization of appropriate rehabilitative |
9 | | personnel for the provision of rehabilitative services which |
10 | | is authorized by federal regulations, including reimbursement |
11 | | for services provided by qualified therapists or qualified |
12 | | assistants, and which is in accordance with accepted |
13 | | professional practices. Reimbursement also may be made for |
14 | | utilization of other supportive personnel under appropriate |
15 | | supervision. |
16 | | The Department shall develop enhanced payments to offset |
17 | | the additional costs incurred by a facility serving |
18 | | exceptional need residents and shall allocate at least |
19 | | $4,000,000 of the funds collected from the assessment |
20 | | established by Section 5B-2 of this Code for such payments. |
21 | | For the purpose of this Section, "exceptional needs" means, |
22 | | but need not be limited to, ventilator care and traumatic |
23 | | brain injury care. The enhanced payments for exceptional need |
24 | | residents under this paragraph are not due and payable, |
25 | | however, until (i) the methodologies described in this |
26 | | paragraph are approved by the federal government in an |
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1 | | appropriate State Plan amendment and (ii) the assessment |
2 | | imposed by Section 5B-2 of this Code is determined to be a |
3 | | permissible tax under Title XIX of the Social Security Act. |
4 | | Beginning January 1, 2014 the methodologies for |
5 | | reimbursement of nursing facility services as provided under |
6 | | this Section 5-5.4 shall no longer be applicable for services |
7 | | provided on or after January 1, 2014. |
8 | | No payment increase under this Section for the MDS |
9 | | methodology, exceptional care residents, or the |
10 | | socio-development component rate established by Public Act |
11 | | 96-1530 of the 96th General Assembly and funded by the |
12 | | assessment imposed under Section 5B-2 of this Code shall be |
13 | | due and payable until after the Department notifies the |
14 | | long-term care providers, in writing, that the payment |
15 | | methodologies to long-term care providers required under this |
16 | | Section have been approved by the Centers for Medicare and |
17 | | Medicaid Services of the U.S. Department of Health and Human |
18 | | Services and the waivers under 42 CFR 433.68 for the |
19 | | assessment imposed by this Section, if necessary, have been |
20 | | granted by the Centers for Medicare and Medicaid Services of |
21 | | the U.S. Department of Health and Human Services. Upon |
22 | | notification to the Department of approval of the payment |
23 | | methodologies required under this Section and the waivers |
24 | | granted under 42 CFR 433.68, all increased payments otherwise |
25 | | due under this Section prior to the date of notification shall |
26 | | be due and payable within 90 days of the date federal approval |
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1 | | is received. |
2 | | On and after July 1, 2012, the Department shall reduce any |
3 | | rate of reimbursement for services or other payments or alter |
4 | | any methodologies authorized by this Code to reduce any rate |
5 | | of reimbursement for services or other payments in accordance |
6 | | with Section 5-5e. |
7 | | For facilities licensed by the Department of Public Health |
8 | | under the ID/DD Community Care Act as ID/DD Facilities and |
9 | | under the MC/DD Act as MC/DD Facilities, subject to federal |
10 | | approval, the rates taking effect for services delivered on or |
11 | | after August 1, 2019 shall be increased by 3.5% over the rates |
12 | | in effect on June 30, 2019. The Department shall adopt rules, |
13 | | including emergency rules under subsection (ii) of Section |
14 | | 5-45 of the Illinois Administrative Procedure Act, to |
15 | | implement the provisions of this Section, including wage |
16 | | increases for direct care staff. |
17 | | For facilities licensed by the Department of Public Health |
18 | | under the ID/DD Community Care Act as ID/DD Facilities and |
19 | | under the MC/DD Act as MC/DD Facilities, subject to federal |
20 | | approval, the rates taking effect on the latter of the |
21 | | approval date of the State Plan Amendment for these facilities |
22 | | or the Waiver Amendment for the home and community-based |
23 | | services settings shall include an increase sufficient to |
24 | | provide a $0.26 per hour wage increase to the base wage for |
25 | | non-executive staff. The Department shall adopt rules, |
26 | | including emergency rules as authorized by Section 5-45 of the |
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1 | | Illinois Administrative Procedure Act, to implement the |
2 | | provisions of this Section, including wage increases for |
3 | | direct care staff. |
4 | | For facilities licensed by the Department of Public Health |
5 | | under the ID/DD Community Care Act as ID/DD Facilities and |
6 | | under the MC/DD Act as MC/DD Facilities, subject to federal |
7 | | approval of the State Plan Amendment and the Waiver Amendment |
8 | | for the home and community-based services settings, the rates |
9 | | taking effect for the services delivered on or after July 1, |
10 | | 2020 shall include an increase sufficient to provide a $1.00 |
11 | | per hour wage increase for non-executive staff. For services |
12 | | delivered on or after January 1, 2021, subject to federal |
13 | | approval of the State Plan Amendment and the Waiver Amendment |
14 | | for the home and community-based services settings, shall |
15 | | include an increase sufficient to provide a $0.50 per hour |
16 | | increase for non-executive staff. The Department shall adopt |
17 | | rules, including emergency rules as authorized by Section 5-45 |
18 | | of the Illinois Administrative Procedure Act, to implement the |
19 | | provisions of this Section, including wage increases for |
20 | | direct care staff. |
21 | | For facilities licensed by the Department of Public Health |
22 | | under the ID/DD Community Care Act as ID/DD Facilities and |
23 | | under the MC/DD Act as MC/DD Facilities, subject to federal |
24 | | approval of the State Plan Amendment, the rates taking effect |
25 | | for the residential services delivered on or after July 1, |
26 | | 2021, shall include an increase sufficient to provide a $0.50 |
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1 | | per hour increase for aides in the rate methodology. For |
2 | | facilities licensed by the Department of Public Health under |
3 | | the ID/DD Community Care Act as ID/DD Facilities and under the |
4 | | MC/DD Act as MC/DD Facilities, subject to federal approval of |
5 | | the State Plan Amendment, the rates taking effect for the |
6 | | residential services delivered on or after January 1, 2022 |
7 | | shall include an increase sufficient to provide a $1.00 per |
8 | | hour increase for aides in the rate methodology. In addition, |
9 | | for residential services delivered on or after January 1, 2022 |
10 | | such rates shall include an increase sufficient to provide |
11 | | wages for all residential non-executive direct care staff, |
12 | | excluding aides, at the federal Department of Labor, Bureau of |
13 | | Labor Statistics' average wage as defined in rule by the |
14 | | Department. The Department shall adopt rules, including |
15 | | emergency rules as authorized by Section 5-45 of the Illinois |
16 | | Administrative Procedure Act, to implement the provisions of |
17 | | this Section. |
18 | | For facilities licensed by the Department of Public Health |
19 | | under the ID/DD Community Care Act as ID/DD facilities and |
20 | | under the MC/DD Act as MC/DD facilities, subject to federal |
21 | | approval of the State Plan Amendment, the rates taking effect |
22 | | for services delivered on or after January 1, 2023, shall |
23 | | include a $1.00 per hour wage increase for all direct support |
24 | | personnel and all other frontline personnel who are not |
25 | | subject to the Bureau of Labor Statistics' average wage |
26 | | increases, who work in residential and community day services |
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1 | | settings, with at least $0.50 of those funds to be provided as |
2 | | a direct increase to all aide base wages, with the remaining |
3 | | $0.50 to be used flexibly for base wage increases to the rate |
4 | | methodology for aides. In addition, for residential services |
5 | | delivered on or after January 1, 2023 the rates shall include |
6 | | an increase sufficient to provide wages for all residential |
7 | | non-executive direct care staff, excluding aides, at the |
8 | | federal Department of Labor, Bureau of Labor Statistics' |
9 | | average wage as determined by the Department. Also, for |
10 | | services delivered on or after January 1, 2023, the rates will |
11 | | include adjustments to employment-related expenses as defined |
12 | | in rule by the Department. The Department shall adopt rules, |
13 | | including emergency rules as authorized by Section 5-45 of the |
14 | | Illinois Administrative Procedure Act, to implement the |
15 | | provisions of this Section. |
16 | | For facilities licensed by the Department of Public Health |
17 | | under the ID/DD Community Care Act as ID/DD facilities and |
18 | | under the MC/DD Act as MC/DD facilities, subject to federal |
19 | | approval of the State Plan Amendment, the rates taking effect |
20 | | for services delivered on or after January 1, 2024 shall |
21 | | include a $2.50 per hour wage increase for all direct support |
22 | | personnel and all other frontline personnel who are not |
23 | | subject to the Bureau of Labor Statistics' average wage |
24 | | increases and who work in residential and community day |
25 | | services settings. At least $1.25 of the per hour wage |
26 | | increase shall be provided as a direct increase to all aide |
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1 | | base wages, and the remaining $1.25 of the per hour wage |
2 | | increase shall be used flexibly for base wage increases to the |
3 | | rate methodology for aides. In addition, for residential |
4 | | services delivered on or after January 1, 2024, the rates |
5 | | shall include an increase sufficient to provide wages for all |
6 | | residential non-executive direct care staff, excluding aides, |
7 | | at the federal Department of Labor, Bureau of Labor |
8 | | Statistics' average wage as determined by the Department. |
9 | | Also, for services delivered on or after January 1, 2024, the |
10 | | rates will include adjustments to employment-related expenses |
11 | | as defined in rule by the Department. The Department shall |
12 | | adopt rules, including emergency rules as authorized by |
13 | | Section 5-45 of the Illinois Administrative Procedure Act, to |
14 | | implement the provisions of this Section. |
15 | | For facilities licensed by the Department of Public Health |
16 | | under the ID/DD Community Care Act as ID/DD facilities and |
17 | | under the MC/DD Act as MC/DD facilities, subject to federal |
18 | | approval of a State Plan Amendment, the rates taking effect |
19 | | for services delivered on or after January 1, 2025 shall |
20 | | include a $1.00 per hour wage increase for all direct support |
21 | | personnel and all other frontline personnel who are not |
22 | | subject to the Bureau of Labor Statistics' average wage |
23 | | increases and who work in residential and community day |
24 | | services settings, with at least $0.75 of those funds to be |
25 | | provided as a direct increase to all aide base wages and the |
26 | | remaining $0.25 to be used flexibly for base wage increases to |
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1 | | the rate methodology for aides. These increases shall not be |
2 | | used by facilities for operational and administrative |
3 | | expenses. In addition, for residential services delivered on |
4 | | or after January 1, 2025, the rates shall include an increase |
5 | | sufficient to provide wages for all residential non-executive |
6 | | direct care staff, excluding aides, at the federal Department |
7 | | of Labor, Bureau of Labor Statistics' average wage as |
8 | | determined by the Department. Also, for services delivered on |
9 | | or after January 1, 2025, the rates will include adjustments |
10 | | to employment-related expenses as defined in rule by the |
11 | | Department. The Department shall adopt rules, including |
12 | | emergency rules as authorized by Section 5-45 of the Illinois |
13 | | Administrative Procedure Act, to implement the provisions of |
14 | | this Section. |
15 | | Notwithstanding any other provision of this Section to the |
16 | | contrary, any regional wage adjuster for facilities located |
17 | | outside of the counties of Cook, DuPage, Kane, Lake, McHenry, |
18 | | and Will shall be no lower than 1.00, and any regional wage |
19 | | adjuster for facilities located within the counties of Cook, |
20 | | DuPage, Kane, Lake, McHenry, and Will shall be no lower than |
21 | | 1.15. |
22 | | (Source: P.A. 102-16, eff. 6-17-21; 102-699, eff. 4-19-22; |
23 | | 103-8, eff. 6-7-23.) |
24 | | Section 3-55. The Homelessness Prevention Act is amended |
25 | | by changing Section 12.5 as follows: |
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1 | | (310 ILCS 70/12.5) |
2 | | Sec. 12.5. Administrative costs and case management |
3 | | expenses. On an annual basis, a grantee's administrative costs |
4 | | and case management expenses shall not exceed 20% 15% of the |
5 | | grant amount it receives under the Act. |
6 | | (Source: P.A. 101-280, eff. 1-1-20 .) |
7 | | Section 3-57. The Environmental Protection Act is amended |
8 | | by adding Section 9.20 as follows: |
9 | | (415 ILCS 5/9.20 new) |
10 | | Sec. 9.20. Fleet Electrification Incentive Program. |
11 | | (a) In this Section: |
12 | | "Eligible electric vehicle" means an electric truck or |
13 | | electric school bus categorized by the United States |
14 | | Environmental Protection Agency Emissions Classifications, |
15 | | using gross vehicle weight ratings, as a Class 2b, 3, 4, 5, 6, |
16 | | 7, or 8 vehicle, with or without a properly ventilated, |
17 | | conventionally powered heater. |
18 | | "Eligible purchaser" means a person who the Agency |
19 | | determines: |
20 | | (1) is the purchaser of an eligible electric vehicle |
21 | | that is registered in this State or recognized under the |
22 | | International Registration Plan; |
23 | | (2) is domiciled in this State; |
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1 | | (3) in the case of a purchaser who is the lessee of an |
2 | | eligible electric vehicle, is the lessee of the vehicle |
3 | | for a term of at least 60 months; and |
4 | | (4) has demonstrated, to the satisfaction of the |
5 | | Agency, that the eligible electric vehicle will operate |
6 | | within the State for at least 80% of its operational hours |
7 | | once purchased and delivered. |
8 | | "Equity investment eligible community" has the meaning |
9 | | given in the Energy Transition Act. |
10 | | "Program" means the Fleet Electrification Incentive |
11 | | Program established under this Section. |
12 | | "Purchaser" means a fleet owner, operator, or provider |
13 | | that will operate or manage the vehicle for a minimum of 5 |
14 | | years after receipt of the vehicle, whether through lease or |
15 | | direct purchase. |
16 | | (b) To promote the use of eligible electric vehicles and |
17 | | to increase access to federal funding programs, the Agency |
18 | | shall establish, by rule, a Fleet Electrification Incentive |
19 | | Program through which it provides eligible purchasers a grant |
20 | | of up to the following base amounts for the purchase of an |
21 | | eligible electric vehicle: |
22 | | (1) $7,500 for a Class 2b vehicle; |
23 | | (2) $45,000 for a Class 3 vehicle; |
24 | | (3) $60,000 for a Class 4 or Class 5 vehicle; |
25 | | (4) $85,000 for a Class 6 or Class 7 vehicle; and |
26 | | (5) $120,000 for a Class 8 vehicle. |
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1 | | In addition, the Agency shall offer increased grant |
2 | | incentives of an additional 65% of the base amount for the |
3 | | purchase of a school bus that will serve a public school |
4 | | district. |
5 | | (c) The Agency shall award grants under the Program to |
6 | | eligible purchasers on a competitive basis according to the |
7 | | availability of funding. The Agency shall use a points-based |
8 | | quantitative evaluation to be determined by the Agency by |
9 | | rule. |
10 | | The Agency shall award additional points to an application |
11 | | from an eligible purchaser whose eligible electric vehicles |
12 | | are to be domiciled in an equity investment eligible |
13 | | community. |
14 | | The Agency shall also award additional points to an |
15 | | eligible purchaser who has negotiated and entered into a |
16 | | collective bargaining agreement at the time of application for |
17 | | the grant. |
18 | | (d) A grant provided under the Program is limited to a |
19 | | maximum award of 80% of the purchase price per eligible |
20 | | electric vehicle. Multiple eligible electric vehicles may be |
21 | | included in each grant under the Program. An eligible |
22 | | purchaser may be awarded multiple grants under the Program; |
23 | | however, the Agency shall have the authority to implement, by |
24 | | rule, a limit on the number of grants awarded to each |
25 | | purchaser. |
26 | | (e) An eligible purchaser shall enter into a grant |
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1 | | agreement with the Agency upon notification from the Agency |
2 | | that the eligible purchaser's application has been approved. |
3 | | Grants under this Section shall be provided by the Agency with |
4 | | the submittal of a paid invoice for reimbursement. An eligible |
5 | | purchaser participating in the Program shall retain ownership |
6 | | of the eligible electric vehicle and meet all applicable |
7 | | project requirements for a minimum 5-year period after the |
8 | | date the eligible purchaser receives the vehicle. Resale of an |
9 | | eligible electric vehicle may be allowed within the 5-year |
10 | | period if necessitated by unforeseen or unavoidable |
11 | | circumstances with approval from the Agency. The Agency shall |
12 | | ensure the resale of an eligible electric vehicle serving a |
13 | | public school or located within an equity investment eligible |
14 | | community shall result in the vehicle servicing a similarly |
15 | | situated community. |
16 | | (f) The deployment of the eligible electric vehicle in the |
17 | | purchaser's fleet is required within 24 months after receipt |
18 | | of notice of approval of the purchaser's Program application. |
19 | | Total completion of the project for which the eligible |
20 | | electric vehicle is purchased or leased must occur within 36 |
21 | | months after receipt of grant funds under the Program. |
22 | | (g) A grant under this Section may be combined with other |
23 | | public incentives to support fleet purchasing decisions. |
24 | | Receipt of any other public incentive for an eligible electric |
25 | | vehicle shall not preclude a purchaser from being awarded a |
26 | | grant under this Section. However, the combined total of |
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1 | | governmental incentives, including, but not limited to, tax |
2 | | credits, grants, or vouchers, shall not exceed 80% of the |
3 | | purchase price of the vehicle. |
4 | | (h) The Agency shall set aside 20% of the appropriated |
5 | | funds under the Program for grants to the eligible purchaser |
6 | | of an electric school bus. |
7 | | (i) All awards granted under this Section are subject to |
8 | | appropriation by the General Assembly. |
9 | | Section 3-60. The Open Space Lands Acquisition and |
10 | | Development Act is amended by adding Section 11.1 as follows: |
11 | | (525 ILCS 35/11.1 new) |
12 | | Sec. 11.1. Distressed Local Government Report. No later |
13 | | than March 31, 2025, the Department shall prepare and submit a |
14 | | report to the General Assembly evaluating distressed local |
15 | | governments that received grants under this Act in Fiscal |
16 | | Years 2023, 2024, and 2025. The report shall include the |
17 | | following, at a minimum: |
18 | | (1) a list of the local governments that applied for |
19 | | grants in each fiscal year; |
20 | | (2) a list of the local governments awarded grants and |
21 | | the amount awarded; |
22 | | (3) each grant recipient's total budget; |
23 | | (4) each grant recipient's population; |
24 | | (5) a description of whether the grant recipient |
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1 | | previously received a grant under this Act and, if so, the |
2 | | number of times and whether the local government provided |
3 | | a 50/50 or 90/10 match; |
4 | | (6) a description of whether the project was in a |
5 | | location designated as a disadvantaged community on the |
6 | | Climate and Economic Justice Screening Tool created by the |
7 | | Chair of the Council on Environmental Quality under |
8 | | subsection (a) of Section 222 of Presidential Executive |
9 | | Order 14008 "Tackling the Climate Crisis at Home and |
10 | | Abroad"; and |
11 | | (7) a description of the Department's criteria for |
12 | | waiving the matching criteria for distressed local |
13 | | government grant recipients in fiscal year 2025 that |
14 | | demonstrated their inability to provide any local match. |
15 | | Article 5. |
16 | | Section 5-5. The Illinois Act on the Aging is amended by |
17 | | adding Section 4.01b as follows: |
18 | | (20 ILCS 105/4.01b new) |
19 | | Sec. 4.01b. Indirect cost funds. The Department has the |
20 | | authority to apply for, accept, receive, expend, and |
21 | | administer on behalf of the State any indirect cost |
22 | | reimbursements, funds, or anything else of value made |
23 | | available to the Department from any source for assistance |
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1 | | with programmatic activities or administrative costs related |
2 | | to the Department's programs. Any federal indirect cost |
3 | | reimbursements received by the Department pursuant to this |
4 | | Section shall be deposited into the Department on Aging |
5 | | Federal Indirect Cost Fund, and such moneys shall be expended, |
6 | | subject to appropriation, only for authorized purposes. |
7 | | Section 5-10. The Department of Commerce and Economic |
8 | | Opportunity Law of the Civil Administrative Code of Illinois |
9 | | is amended by changing Sections 605-55, 605-420, and 605-515 |
10 | | and by adding Section 605-60 as follows: |
11 | | (20 ILCS 605/605-55) (was 20 ILCS 605/46.21) |
12 | | Sec. 605-55. Contracts and other acts to accomplish |
13 | | Department's duties. To make and enter into contracts, |
14 | | including but not limited to making grants and loans to units |
15 | | of local government, private agencies as defined in the |
16 | | Illinois State Auditing Act, non-profit corporations, |
17 | | educational institutions, and for-profit businesses as |
18 | | authorized pursuant to appropriations by the General Assembly |
19 | | from the Build Illinois Bond Fund, the Rebuild Illinois |
20 | | Projects Fund, the Fund for Illinois' Future, the Capital |
21 | | Development Fund, and the General Revenue Fund, and, for |
22 | | Fiscal Year 2023 only, the Chicago Travel Industry Promotion |
23 | | Fund, and generally to do all things that, in its judgment, may |
24 | | be necessary, proper, and expedient in accomplishing its |
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1 | | duties. |
2 | | (Source: P.A. 102-699, eff. 4-19-22.) |
3 | | (20 ILCS 605/605-60 new) |
4 | | Sec. 605-60. DCEO Projects Fund. The DCEO Projects Fund is |
5 | | created as a trust fund in the State treasury. The Department |
6 | | is authorized to accept and deposit into the Fund moneys |
7 | | received from any gifts, grants, transfers, or other sources, |
8 | | public or private, unless deposit into a different fund is |
9 | | otherwise mandated. Subject to appropriation, the Department |
10 | | shall use moneys in the Fund to make grants or loans to and |
11 | | enter into contracts with units of local government, local and |
12 | | regional economic development corporations, and not-for-profit |
13 | | organizations for municipal development projects, for the |
14 | | specific purposes established by the terms and conditions of |
15 | | the gift, grant, or award, and for related administrative |
16 | | expenses. As used in this Section, the term "municipal |
17 | | development projects" includes, but is not limited to, grants |
18 | | for reducing food insecurity in urban and rural areas. |
19 | | (20 ILCS 605/605-420) (was 20 ILCS 605/46.75) |
20 | | Sec. 605-420. Workforce, Technology, and Economic |
21 | | Development Fund. |
22 | | (a) The Department may accept gifts, grants, awards, |
23 | | matching contributions, interest income, appropriations, and |
24 | | cost sharings from individuals, businesses, governments, and |
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1 | | other third-party sources, on terms that the Director deems |
2 | | advisable, for any or all of the following purposes: |
3 | | (1) (Blank); |
4 | | (2) to assist economically disadvantaged and other |
5 | | youth to make a successful transition from school to work; |
6 | | (3) to assist other individuals targeted for services |
7 | | through education, training, and workforce development |
8 | | programs to obtain employment-related skills and obtain |
9 | | employment; |
10 | | (4) to identify, develop, commercialize, or promote |
11 | | technology within the State; and |
12 | | (5) to promote economic development within the State. |
13 | | (b) The Workforce, Technology, and Economic Development |
14 | | Fund is created as a special fund in the State Treasury. All On |
15 | | September 1, 2000, or as soon thereafter as may be reasonably |
16 | | practicable, the State Comptroller shall transfer from the |
17 | | Fund into the Title III Social Security and Employment Fund |
18 | | all moneys that were received for the purposes of Section |
19 | | 403(a)(5) of the federal Social Security Act and remain |
20 | | unobligated on that date. Beginning on the effective date of |
21 | | this amendatory Act of the 92nd General Assembly, all moneys |
22 | | received under this Section for the purposes of Section |
23 | | 403(a)(5) of the federal Social Security Act, except moneys |
24 | | that may be necessary to pay liabilities outstanding as of |
25 | | June 30, 2000, shall be deposited into the Title III Social |
26 | | Security and Employment Fund, and all other moneys received |
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1 | | under this Section shall be deposited into the Workforce, |
2 | | Technology, and Economic Development Fund. |
3 | | Moneys received under this Section are subject to |
4 | | appropriation by the General Assembly may be expended for |
5 | | purposes consistent with the conditions under which those |
6 | | moneys were are received, including, but not limited to, the |
7 | | making of grants and any other purpose authorized by law |
8 | | subject to appropriations made by the General Assembly for |
9 | | those purposes . |
10 | | (Source: P.A. 91-34, eff. 7-1-99; 91-704, eff. 7-1-00; 92-298, |
11 | | eff. 8-9-01.) |
12 | | (20 ILCS 605/605-515) (was 20 ILCS 605/46.13a) |
13 | | Sec. 605-515. Environmental Regulatory Assistance Program. |
14 | | (a) In this Section, except where the context clearly |
15 | | requires otherwise, "small business stationary source" means a |
16 | | business that is owned or operated by a person that employs 100 |
17 | | or fewer individuals; is a small business; is not a major |
18 | | stationary source as defined in Titles I and III of the federal |
19 | | 1990 Clean Air Act Amendments; does not emit 50 tons or more |
20 | | per year of any regulated pollutant (as defined under the |
21 | | federal Clean Air Act); and emits less than 75 tons per year of |
22 | | all regulated pollutants. |
23 | | (b) The Department may: |
24 | | (1) Provide access to technical and compliance |
25 | | information for Illinois firms, including small and middle |
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1 | | market companies, to facilitate local business compliance |
2 | | with the federal, State, and local environmental |
3 | | regulations. |
4 | | (2) Coordinate and enter into cooperative agreements |
5 | | with a State ombudsman office, which shall be established |
6 | | in accordance with the federal 1990 Clean Air Act |
7 | | Amendments to provide direct oversight to the program |
8 | | established under that Act. |
9 | | (3) Enter into contracts, cooperative agreements, and |
10 | | financing agreements and establish and collect charges and |
11 | | fees necessary or incidental to the performance of duties |
12 | | and the execution of powers under this Section. |
13 | | (4) Accept and expend, subject to appropriation, |
14 | | gifts, grants, awards, funds, contributions, charges, |
15 | | fees, and other financial or nonfinancial aid from |
16 | | federal, State, and local governmental agencies, |
17 | | businesses, educational agencies, not-for-profit |
18 | | organizations, and other entities, for the purposes of |
19 | | this Section. |
20 | | (5) Establish, staff, and administer programs and |
21 | | services and adopt such rules and regulations necessary to |
22 | | carry out the intent of this Section and Section 507, |
23 | | "Small Business Stationary Source Technical and |
24 | | Environmental Compliance Assistance Program", of the |
25 | | federal 1990 Clean Air Act Amendments. |
26 | | (c) The Department's environmental compliance programs and |
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1 | | services for businesses may include, but need not be limited |
2 | | to, the following: |
3 | | (1) Communication and outreach services to or on |
4 | | behalf of individual companies, including collection and |
5 | | compilation of appropriate information on regulatory |
6 | | compliance issues and control technologies, and |
7 | | dissemination of that information through publications, |
8 | | direct mailings, electronic communications, conferences, |
9 | | workshops, one-on-one counseling, and other means of |
10 | | technical assistance. |
11 | | (2) Provision of referrals and access to technical |
12 | | assistance, pollution prevention and facility audits, and |
13 | | otherwise serving as an information clearinghouse on |
14 | | pollution prevention through the coordination of the |
15 | | Illinois Sustainable Technology Center of the University |
16 | | of Illinois. In addition, environmental and regulatory |
17 | | compliance issues and techniques, which may include |
18 | | business rights and responsibilities, applicable |
19 | | permitting and compliance requirements, compliance methods |
20 | | and acceptable control technologies, release detection, |
21 | | and other applicable information may be provided. |
22 | | (3) Coordination with and provision of administrative |
23 | | and logistical support to the State Compliance Advisory |
24 | | Panel. |
25 | | (d) There is hereby created a special fund in the State |
26 | | Treasury to be known as the Small Business Environmental |
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1 | | Assistance Fund. Monies received under subdivision (b)(4) of |
2 | | this Section shall be deposited into the Fund. |
3 | | Monies in the Small Business Environmental Assistance Fund |
4 | | may be used, subject to appropriation, only for the purposes |
5 | | authorized by this Section. |
6 | | (e) Subject to appropriation, the Department may use |
7 | | moneys from the Clean Air Act Permit Fund for the purposes |
8 | | authorized by this Section. |
9 | | (Source: P.A. 98-346, eff. 8-14-13.) |
10 | | Section 5-15. The Renewable Energy, Energy Efficiency, and |
11 | | Coal Resources Development Law of 1997 is amended by changing |
12 | | Section 6-6 as follows: |
13 | | (20 ILCS 687/6-6) |
14 | | (Section scheduled to be repealed on December 31, 2025) |
15 | | Sec. 6-6. Energy efficiency program. |
16 | | (a) For the year beginning January 1, 1998, and thereafter |
17 | | as provided in this Section, each electric utility as defined |
18 | | in Section 3-105 of the Public Utilities Act and each |
19 | | alternative retail electric supplier as defined in Section |
20 | | 16-102 of the Public Utilities Act supplying electric power |
21 | | and energy to retail customers located in the State of |
22 | | Illinois shall contribute annually a pro rata share of a total |
23 | | amount of $3,000,000 based upon the number of kilowatt-hours |
24 | | sold by each such entity in the 12 months preceding the year of |
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1 | | contribution. On or before May 1 of each year, the Illinois |
2 | | Commerce Commission shall determine and notify the Agency of |
3 | | the pro rata share owed by each electric utility and each |
4 | | alternative retail electric supplier based upon information |
5 | | supplied annually to the Illinois Commerce Commission. On or |
6 | | before June 1 of each year, the Agency shall send written |
7 | | notification to each electric utility and each alternative |
8 | | retail electric supplier of the amount of pro rata share they |
9 | | owe. These contributions shall be remitted to the Illinois |
10 | | Environmental Protection Agency on or before June 30 of each |
11 | | year the contribution is due on a return prescribed and |
12 | | furnished by the Illinois Environmental Protection Agency |
13 | | showing such information as the Illinois Environmental |
14 | | Protection Agency may reasonably require. The funds received |
15 | | pursuant to this Section shall be subject to the appropriation |
16 | | of funds by the General Assembly. The Illinois Environmental |
17 | | Protection Agency shall place the funds remitted under this |
18 | | Section in a trust fund, that is hereby created in the State |
19 | | Treasury, called the Energy Efficiency Trust Fund. If an |
20 | | electric utility or alternative retail electric supplier does |
21 | | not remit its pro rata share to the Illinois Environmental |
22 | | Protection Agency, the Illinois Environmental Protection |
23 | | Agency must inform the Illinois Commerce Commission of such |
24 | | failure. The Illinois Commerce Commission may then revoke the |
25 | | certification of that electric utility or alternative retail |
26 | | electric supplier. The Illinois Commerce Commission may not |
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1 | | renew the certification of any electric utility or alternative |
2 | | retail electric supplier that is delinquent in paying its pro |
3 | | rata share. These changes made to this subsection (a) by |
4 | | Public Act 103-363 this amendatory Act of the 103rd General |
5 | | Assembly apply beginning July 1, 2023. |
6 | | (b) The Agency shall disburse the moneys in the Energy |
7 | | Efficiency Trust Fund to benefit residential electric |
8 | | customers through projects which the Agency has determined |
9 | | will promote energy efficiency in the State of Illinois and to |
10 | | pay the associated operational expenses of the Agency in |
11 | | administering the grant program . The Agency Department of |
12 | | Commerce and Economic Opportunity shall establish a list of |
13 | | projects eligible for grants from the Energy Efficiency Trust |
14 | | Fund including, but not limited to, supporting energy |
15 | | efficiency efforts for low-income households, replacing energy |
16 | | inefficient windows with more efficient windows, replacing |
17 | | energy inefficient appliances with more efficient appliances, |
18 | | replacing energy inefficient lighting with more efficient |
19 | | lighting, insulating dwellings and buildings, using market |
20 | | incentives to encourage energy efficiency, and such other |
21 | | projects which will increase energy efficiency in homes and |
22 | | rental properties. |
23 | | (c) The Agency may, by administrative rule, establish |
24 | | criteria and an application process for this grant program. |
25 | | (d) (Blank). |
26 | | (e) (Blank). |
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1 | | (Source: P.A. 102-444, eff. 8-20-21; 103-363, eff. 7-28-23.) |
2 | | Section 5-17. The Department of Natural Resources |
3 | | (Conservation) Law of the Civil Administrative Code of |
4 | | Illinois is amended by changing Section 805-305 as follows: |
5 | | (20 ILCS 805/805-305) (was 20 ILCS 805/63a23) |
6 | | Sec. 805-305. Campsites and housing facilities. |
7 | | (a) The Department has the power to provide facilities for |
8 | | overnight tent and trailer campsites and to provide suitable |
9 | | housing facilities for student and juvenile overnight camping |
10 | | groups. The Department of Natural Resources may regulate, by |
11 | | administrative order, the fees to be charged for tent and |
12 | | trailer camping units at individual park areas based upon the |
13 | | facilities available. |
14 | | (b) However, for campsites with access to showers or |
15 | | electricity, any Illinois resident who is age 62 or older or |
16 | | has a Class 2 disability as defined in Section 4A of the |
17 | | Illinois Identification Card Act shall be charged only |
18 | | one-half of the camping fee charged to the general public |
19 | | during the period Monday through Thursday of any week and |
20 | | shall be charged the same camping fee as the general public on |
21 | | all other days. For campsites without access to showers or |
22 | | electricity, no camping fee authorized by this Section shall |
23 | | be charged to any resident of Illinois who has a Class 2 |
24 | | disability as defined in Section 4A of the Illinois |
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1 | | Identification Card Act. For campsites without access to |
2 | | showers or electricity, no camping fee authorized by this |
3 | | Section shall be charged to any resident of Illinois who is age |
4 | | 62 or older for the use of a campsite unit during the period |
5 | | Monday through Thursday of any week. No camping fee authorized |
6 | | by this Section shall be charged to any resident of Illinois |
7 | | who is a veteran with a disability or a former prisoner of war, |
8 | | as defined in Section 5 of the Department of Veterans' Affairs |
9 | | Act. No camping fee authorized by this Section shall be |
10 | | charged to any resident of Illinois after returning from |
11 | | service abroad or mobilization by the President of the United |
12 | | States as an active duty member of the United States Armed |
13 | | Forces, the Illinois National Guard, or the Reserves of the |
14 | | United States Armed Forces for the amount of time that the |
15 | | active duty member spent in service abroad or mobilized if the |
16 | | person applies for a pass with the Department within 2 years |
17 | | after returning and provides acceptable verification of |
18 | | service or mobilization to the Department. Any portion of a |
19 | | year that the active duty member spent in service abroad or |
20 | | mobilized shall count as a full year. The procedure by which a |
21 | | person may provide to the Department verification of service |
22 | | abroad or mobilization by the President of the United States |
23 | | shall be set by administrative rule. Nonresidents shall be |
24 | | charged the same fees as are authorized for the general public |
25 | | regardless of age. The Department shall provide by regulation |
26 | | for suitable proof of age, or either a valid driver's license |
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1 | | or a "Golden Age Passport" issued by the federal government |
2 | | shall be acceptable as proof of age. The Department shall |
3 | | further provide by regulation that notice of these reduced |
4 | | admission fees be posted in a conspicuous place and manner. |
5 | | Reduced fees authorized in this Section shall not apply to |
6 | | any charge for utility service. |
7 | | For the purposes of this Section, "acceptable verification |
8 | | of service or mobilization" means official documentation from |
9 | | the Department of Defense or the appropriate Major Command |
10 | | showing mobilization dates or service abroad dates, including: |
11 | | (i) a DD-214, (ii) a letter from the Illinois Department of |
12 | | Military Affairs for members of the Illinois National Guard, |
13 | | (iii) a letter from the Regional Reserve Command for members |
14 | | of the Armed Forces Reserve, (iv) a letter from the Major |
15 | | Command covering Illinois for active duty members, (v) |
16 | | personnel records for mobilized State employees, and (vi) any |
17 | | other documentation that the Department, by administrative |
18 | | rule, deems acceptable to establish dates of mobilization or |
19 | | service abroad. |
20 | | For the purposes of this Section, the term "service |
21 | | abroad" means active duty service outside of the 50 United |
22 | | States and the District of Columbia, and includes all active |
23 | | duty service in territories and possessions of the United |
24 | | States. |
25 | | (c) To promote State campground use and Illinois State |
26 | | Fair attendance, the Department shall waive the camping fees |
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1 | | for up to 2 nights of camping at Jim Edgar Panther Creek State |
2 | | Fish and Wildlife Area, Sangchris Lake State Park, or |
3 | | Lincoln's New Salem State Historic Site during the period from |
4 | | August 11, 2024 to August 15, 2024 for a camper who: |
5 | | (1) is 18 years of age or older; |
6 | | (2) provides proof of having purchased, between June |
7 | | 26, 2024 and July 3, 2024, a season admission ticket |
8 | | booklet from the Department of Agriculture for entry into |
9 | | the 2024 Illinois State Fair in Springfield; and |
10 | | (3) requests the camping fee waiver in person at the |
11 | | time of permit issuance at the State campground. |
12 | | The waivers under this subsection (c) shall be granted on |
13 | | a first-come, first-served basis for a maximum of 40 sites at |
14 | | each of the 3 identified State campgrounds. Fees for utility |
15 | | service are not subject to waiver. Waivers under this |
16 | | subsection (c) are limited to one per camper. |
17 | | (Source: P.A. 102-780, eff. 5-13-22.) |
18 | | Section 5-18. The Department of Innovation and Technology |
19 | | Act is amended by changing Section 1-5 as follows: |
20 | | (20 ILCS 1370/1-5) |
21 | | Sec. 1-5. Definitions. In this Act: |
22 | | "Client agency" means each transferring agency, or its |
23 | | successor, and any other public agency to which the Department |
24 | | provides service to the extent specified in an interagency |
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1 | | agreement with the public agency. |
2 | | "Dedicated unit" means the dedicated bureau, division, |
3 | | office, or other unit within a transferring agency that is |
4 | | responsible for the information technology functions of the |
5 | | transferring agency. |
6 | | "Department" means the Department of Innovation and |
7 | | Technology. |
8 | | "Information technology" means technology, |
9 | | infrastructure, equipment, systems, software, networks, and |
10 | | processes used to create, send, receive, and store electronic |
11 | | or digital information, including, without limitation, |
12 | | computer systems and telecommunication services and systems. |
13 | | "Information technology" shall be construed broadly to |
14 | | incorporate future technologies that change or supplant those |
15 | | in effect as of the effective date of this Act. |
16 | | "Information technology functions" means the development, |
17 | | procurement, installation, retention, maintenance, operation, |
18 | | possession, storage, and related functions of all information |
19 | | technology. |
20 | | "Secretary" means the Secretary of Innovation and |
21 | | Technology. |
22 | | "State agency" means each State agency, department, board, |
23 | | and commission under the jurisdiction of the Governor. |
24 | | "Transferring agency" means the Department on Aging; the |
25 | | Departments of Agriculture, Central Management Services, |
26 | | Children and Family Services, Commerce and Economic |
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1 | | Opportunity, Corrections, Employment Security, Financial and |
2 | | Professional Regulation, Healthcare and Family Services, Human |
3 | | Rights, Human Services, Insurance, Juvenile Justice, Labor, |
4 | | Lottery, Military Affairs, Natural Resources, Public Health, |
5 | | Revenue, Transportation, and Veterans' Affairs; the Illinois |
6 | | State Police; the Capital Development Board; the Deaf and Hard |
7 | | of Hearing Commission; the Environmental Protection Agency; |
8 | | the Governor's Office of Management and Budget; the |
9 | | Guardianship and Advocacy Commission; the Abraham Lincoln |
10 | | Presidential Library and Museum; the Illinois Arts Council; |
11 | | the Illinois Council on Developmental Disabilities; the |
12 | | Illinois Emergency Management Agency; the Illinois Gaming |
13 | | Board; the Illinois Liquor Control Commission; the Office of |
14 | | the State Fire Marshal; and the Prisoner Review Board ; and the |
15 | | Department of Early Childhood . |
16 | | (Source: P.A. 102-376, eff. 1-1-22; 102-538, eff. 8-20-21; |
17 | | 102-813, eff. 5-13-22; 102-870, eff. 1-1-23 .) |
18 | | Section 5-20. The Illinois Lottery Law is amended by |
19 | | changing Section 21.16 as follows: |
20 | | (20 ILCS 1605/21.16) |
21 | | Sec. 21.16. Illinois DREAM scratch-off. |
22 | | (a) The Department shall offer a special Illinois DREAM |
23 | | instant scratch-off game for the benefit of the Illinois DREAM |
24 | | Fund Commission. The new revenue from the Illinois DREAM |
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1 | | scratch-off game shall be deposited into the Illinois DREAM |
2 | | Fund, a special fund that is created in the State treasury. |
3 | | Subject to appropriation to the Illinois Student Assistance |
4 | | Commission , money in the Illinois DREAM Fund shall be used to |
5 | | assist in funding scholarships and other statutory |
6 | | responsibilities of the Illinois DREAM Fund Commission. The |
7 | | game shall commence on January 1, 2024 or as soon thereafter as |
8 | | is reasonably practical. The Department shall consult with the |
9 | | Illinois DREAM Fund Commission established under Section 67 of |
10 | | the Higher Education Student Assistance Act regarding the |
11 | | design and promotion of the game. |
12 | | (b) The operation of any games under this Section shall be |
13 | | governed by this Act, and any rules shall be adopted by the |
14 | | Department. |
15 | | (c) For purposes of this Section, "net revenue" means the |
16 | | total amount for which tickets have been sold less the sum of |
17 | | the amount paid out in prizes and the actual administrative |
18 | | expenses of the Department solely related to the Illinois |
19 | | DREAM scratch-off game. |
20 | | (d) During the time that tickets are sold for the Illinois |
21 | | DREAM scratch-off game, the Department shall not unreasonably |
22 | | diminish the efforts devoted to marketing any other instant |
23 | | scratch-off lottery game. |
24 | | (e) The Department may adopt any rules necessary to |
25 | | implement and administer this Section in consultation with the |
26 | | Illinois DREAM Fund Commission. |
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1 | | (Source: P.A. 103-381, eff. 7-28-23.) |
2 | | Section 5-25. The Illinois Emergency Management Agency Act |
3 | | is amended by changing Section 17.8 as follows: |
4 | | (20 ILCS 3305/17.8) |
5 | | Sec. 17.8. IEMA State Projects Fund. The IEMA State |
6 | | Projects Fund is created as a trust fund in the State treasury. |
7 | | The Fund shall consist of any moneys appropriated to the |
8 | | Agency for purposes of the Illinois' Not-For-Profit Security |
9 | | Grant Program, a grant program authorized by subsection (g-5) |
10 | | of Section 5 of this Act, to provide funding support for target |
11 | | hardening activities and other physical security enhancements |
12 | | for qualifying not-for-profit organizations that are at high |
13 | | risk of terrorist attack. The Agency is authorized to use |
14 | | moneys appropriated from the Fund to make grants to |
15 | | not-for-profit organizations for target hardening activities, |
16 | | security personnel, and physical security enhancements and for |
17 | | the payment of administrative expenses associated with the |
18 | | Not-For-Profit Security Grant Program , except that, beginning |
19 | | July 1, 2024, the Agency shall not award grants under this |
20 | | Section to those entities whose primary purpose is to provide |
21 | | medical or mental health services . As used in this Section, |
22 | | "target hardening activities" include, but are not limited to, |
23 | | the purchase and installation of security equipment on real |
24 | | property owned or leased by the not-for-profit organization. |
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1 | | Grants, gifts, and moneys from any other source, public or |
2 | | private, may also be deposited into the Fund and used for the |
3 | | purposes authorized by this Act. |
4 | | (Source: P.A. 103-8, eff. 6-7-23.) |
5 | | Section 5-30. The State Finance Act is amended by changing |
6 | | Sections 5.1015, 6z-27, 6z-32, 6z-47, 6z-70, 6z-111, 8.3, |
7 | | 8.12, 8g-1, 12-2, and 13.2 and by adding Sections 5e-2 and |
8 | | 6z-140 as follows: |
9 | | (30 ILCS 105/5.1015 new) |
10 | | Sec. 5.1015. The Professions Licensure Fund. |
11 | | (30 ILCS 105/5e-2 new) |
12 | | Sec. 5e-2. Transfers from Road Fund. In addition to any |
13 | | other transfers that may be provided for by law, on July 1, |
14 | | 2024, or as soon thereafter as practical, the State |
15 | | Comptroller shall direct and the State Treasurer shall |
16 | | transfer the sum of $20,000,000 from the Road Fund to the |
17 | | Federal/State/Local Airport Fund to be used for purposes |
18 | | consistent with Section 11 of Article IX of the Illinois |
19 | | Constitution. This Section is repealed on January 1, 2026. |
20 | | (30 ILCS 105/6z-27) |
21 | | Sec. 6z-27. All moneys in the Audit Expense Fund shall be |
22 | | transferred, appropriated and used only for the purposes |
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1 | | authorized by, and subject to the limitations and conditions |
2 | | prescribed by, the Illinois State Auditing Act. |
3 | | Within 30 days after July 1, 2024 2023 , or as soon |
4 | | thereafter as practical, the State Comptroller shall order |
5 | | transferred and the State Treasurer shall transfer from the |
6 | | following funds moneys in the specified amounts for deposit |
7 | | into the Audit Expense Fund: |
8 | | Attorney General Court Ordered and Voluntary |
9 | | Compliance Payment Projects Fund ..................$22,470 |
10 | | Aggregate Operations Regulatory Fund .....................$605 |
11 | | Agricultural Premium Fund .............................$21,002 |
12 | | Attorney General's State Projects and |
13 | | Court Ordered Distribution Fund ...................$36,873 |
14 | | Anna Veterans Home Fund ................................$1,205 |
15 | | Appraisal Administration Fund ..........................$2,670 |
16 | | Attorney General Whistleblower Reward |
17 | | and Protection Fund ..................................$938 |
18 | | Bank and Trust Company Fund ...........................$82,945 |
19 | | Brownfields Redevelopment Fund .........................$1,893 |
20 | | Cannabis Business Development Fund ....................$15,750 |
21 | | Cannabis Expungement Fund ..............................$2,511 |
22 | | Capital Development Board Revolving Fund ...............$4,668 |
23 | | Care Provider Fund for Persons with |
24 | | a Developmental Disability .........................$6,794 |
25 | | CDLIS/AAMVAnet/NMVTIS Trust Fund .......................$1,679 |
26 | | Cemetery Oversight Licensing and Disciplinary Fund .....$6,187 |
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1 | | Chicago State University Education Improvement Fund ...$16,893 |
2 | | Chicago Travel Industry Promotion Fund .................$9,146 |
3 | | Child Support Administrative Fund ......................$2,669 |
4 | | Clean Air Act Permit Fund .............................$11,283 |
5 | | Coal Technology Development Assistance Fund ...........$22,087 |
6 | | Community Association Manager |
7 | | Licensing and Disciplinary Fund ....................$1,178 |
8 | | Commitment to Human Services Fund ...................$259,050 |
9 | | Common School Fund ..................................$385,362 |
10 | | Community Mental Health Medicaid Trust Fund ............$6,972 |
11 | | Community Water Supply Laboratory Fund ...................$835 |
12 | | Credit Union Fund .....................................$21,944 |
13 | | Cycle Rider Safety Training Fund .........................$704 |
14 | | DCFS Children's Services Fund ........................$164,036 |
15 | | Department of Business Services Special Operations Fund .$4,564 |
16 | | Department of Corrections Reimbursement |
17 | | and Education Fund ................................$23,892 |
18 | | Design Professionals Administration |
19 | | and Investigation Fund .............................$3,892 |
20 | | Department of Human Services Community Services Fund ...$6,314 |
21 | | Downstate Public Transportation Fund ..................$40,428 |
22 | | Drivers Education Fund ...................................$904 |
23 | | Drug Rebate Fund ......................................$40,707 |
24 | | Drug Treatment Fund ......................................$810 |
25 | | Drycleaner Environmental Response Trust Fund ...........$1,555 |
26 | | Education Assistance Fund ..........................$2,347,928 |
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1 | | Electric Vehicle Rebate Fund ..........................$24,101 |
2 | | Energy Efficiency Trust Fund .............................$955 |
3 | | Energy Transition Assistance Fund ......................$1,193 |
4 | | Environmental Protection Permit and Inspection Fund ...$17,475 |
5 | | Facilities Management Revolving Fund ..................$21,298 |
6 | | Fair and Exposition Fund .................................$782 |
7 | | Federal Asset Forfeiture Fund ..........................$1,195 |
8 | | Federal High Speed Rail Trust Fund .......................$910 |
9 | | Federal Workforce Training Fund ......................$113,609 |
10 | | Feed Control Fund ......................................$1,263 |
11 | | Fertilizer Control Fund ..................................$778 |
12 | | Fire Prevention Fund ...................................$4,470 |
13 | | Freedom Schools Fund .....................................$636 |
14 | | Fund for the Advancement of Education .................$61,767 |
15 | | General Professions Dedicated Fund ....................$36,108 |
16 | | General Revenue Fund ..............................$17,653,153 |
17 | | Grade Crossing Protection Fund .........................$7,759 |
18 | | Hazardous Waste Fund ...................................$9,036 |
19 | | Health and Human Services Medicaid Trust Fund ............$793 |
20 | | Healthcare Provider Relief Fund ......................$209,863 |
21 | | Historic Property Administrative Fund ....................$791 |
22 | | Horse Racing Fund ....................................$233,685 |
23 | | Hospital Provider Fund ................................$66,984 |
24 | | Illinois Affordable Housing Trust Fund ................$30,424 |
25 | | Illinois Charity Bureau Fund ...........................$2,025 |
26 | | Illinois Clean Water Fund .............................$18,928 |
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1 | | Illinois Forestry Development Fund ....................$13,054 |
2 | | Illinois Gaming Law Enforcement Fund ...................$1,411 |
3 | | IMSA Income Fund ......................................$10,499 |
4 | | Illinois Military Family Relief Fund ...................$2,963 |
5 | | Illinois National Guard Construction Fund ..............$4,944 |
6 | | Illinois Power Agency Operations Fund ................$154,375 |
7 | | Illinois State Dental Disciplinary Fund ................$3,947 |
8 | | Illinois State Fair Fund ...............................$5,871 |
9 | | Illinois State Medical Disciplinary Fund ..............$32,809 |
10 | | Illinois State Pharmacy Disciplinary Fund .............$10,993 |
11 | | Illinois Student Assistance Commission |
12 | | Contracts and Grants Fund ............................$950 |
13 | | Illinois Veterans Assistance Fund ......................$2,738 |
14 | | Illinois Veterans' Rehabilitation Fund ...................$685 |
15 | | Illinois Wildlife Preservation Fund ....................$2,646 |
16 | | Illinois Workers' Compensation Commission |
17 | | Operations Fund ...................................$94,942 |
18 | | Illinois Works Fund ....................................$5,577 |
19 | | Income Tax Refund Fund ...............................$232,364 |
20 | | Insurance Financial Regulation Fund ..................$158,266 |
21 | | Insurance Premium Tax Refund Fund .....................$10,972 |
22 | | Insurance Producer Administration Fund ...............$208,185 |
23 | | International Tourism Fund .............................$1,317 |
24 | | LaSalle Veterans Home Fund .............................$2,656 |
25 | | Law Enforcement Recruitment and Retention Fund ........$10,249 |
26 | | Law Enforcement Training Fund .........................$28,714 |
|
| | HB4959 Enrolled | - 145 - | LRB103 36303 SPS 66401 b |
|
|
1 | | LEADS Maintenance Fund ...................................$573 |
2 | | Live and Learn Fund ....................................$8,419 |
3 | | Local Government Distributive Fund ...................$120,745 |
4 | | Local Tourism Fund ....................................$16,582 |
5 | | Long Term Care Ombudsman Fund ............................$635 |
6 | | Long-Term Care Provider Fund ..........................$10,352 |
7 | | Manteno Veterans Home Fund .............................$3,941 |
8 | | Mental Health Fund .....................................$3,560 |
9 | | Mental Health Reporting Fund .............................$878 |
10 | | Military Affairs Trust Fund ............................$1,017 |
11 | | Monitoring Device Driving Permit |
12 | | Administration Fee Fund ..............................$657 |
13 | | Motor Carrier Safety Inspection Fund ...................$1,892 |
14 | | Motor Fuel Tax Fund ..................................$124,570 |
15 | | Motor Vehicle License Plate Fund .......................$6,363 |
16 | | Nursing Dedicated and Professional Fund ...............$14,671 |
17 | | Off-Highway Vehicle Trails Fund ........................$1,431 |
18 | | Open Space Lands Acquisition and Development Fund .....$67,764 |
19 | | Optometric Licensing and Disciplinary Board Fund .........$922 |
20 | | Parity Advancement Fund ................................$9,349 |
21 | | Partners For Conservation Fund ........................$25,309 |
22 | | Pawnbroker Regulation Fund ...............................$659 |
23 | | Pension Stabilization Fund .............................$3,009 |
24 | | Personal Property Tax Replacement Fund ...............$251,569 |
25 | | Pesticide Control Fund .................................$4,715 |
26 | | Prisoner Review Board Vehicle and Equipment Fund .......$3,035 |
|
| | HB4959 Enrolled | - 146 - | LRB103 36303 SPS 66401 b |
|
|
1 | | Professional Services Fund .............................$3,093 |
2 | | Professions Indirect Cost Fund .......................$194,398 |
3 | | Public Pension Regulation Fund .........................$3,519 |
4 | | Public Transportation Fund ...........................$108,264 |
5 | | Quincy Veterans Home Fund .............................$25,455 |
6 | | Real Estate License Administration Fund ...............$27,976 |
7 | | Rebuild Illinois Projects Fund .........................$3,682 |
8 | | Regional Transportation Authority Occupation and Use Tax |
9 | | Replacement Fund ...................................$3,226 |
10 | | Registered Certified Public Accountants' Administration |
11 | | and Disciplinary Fund ..............................$3,213 |
12 | | Renewable Energy Resources Trust Fund ..................$2,463 |
13 | | Rental Housing Support Program Fund ......................$560 |
14 | | Residential Finance Regulatory Fund ...................$21,672 |
15 | | Road Fund ............................................$524,729 |
16 | | Salmon Fund ..............................................$837 |
17 | | Savings Bank Regulatory Fund .............................$528 |
18 | | School Infrastructure Fund ............................$10,122 |
19 | | Secretary of State DUI Administration Fund .............$1,021 |
20 | | Secretary of State Identification Security and |
21 | | Theft Prevention Fund ..............................$4,877 |
22 | | Secretary of State Special License Plate Fund ..........$1,410 |
23 | | Secretary of State Special Services Fund ..............$11,665 |
24 | | Securities Audit and Enforcement Fund ..................$2,279 |
25 | | Serve Illinois Commission Fund ...........................$950 |
26 | | Snowmobile Trail Establishment Fund ......................$653 |
|
| | HB4959 Enrolled | - 147 - | LRB103 36303 SPS 66401 b |
|
|
1 | | Solid Waste Management Fund ...........................$17,540 |
2 | | Special Education Medicaid Matching Fund ...............$2,916 |
3 | | Sports Wagering Fund ..................................$14,696 |
4 | | State Police Law Enforcement Administration Fund .......$3,635 |
5 | | State and Local Sales Tax Reform Fund ..................$6,676 |
6 | | State Asset Forfeiture Fund ............................$1,445 |
7 | | State Aviation Program Fund ............................$2,125 |
8 | | State Construction Account Fund ......................$151,079 |
9 | | State Crime Laboratory Fund ............................$6,342 |
10 | | State Gaming Fund ....................................$216,475 |
11 | | State Garage Revolving Fund ............................$4,892 |
12 | | State Lottery Fund ...................................$106,169 |
13 | | State Pensions Fund .................................$500,000 |
14 | | State Police Firearm Services Fund ....................$16,049 |
15 | | State Police Services Fund ............................$20,688 |
16 | | State Police Vehicle Fund ..............................$7,562 |
17 | | State Police Whistleblower Reward |
18 | | and Protection Fund ................................$3,858 |
19 | | State Small Business Credit Initiative Fund ...........$20,739 |
20 | | State's Attorneys Appellate |
21 | | Prosecutor's County Fund ..........................$20,621 |
22 | | Subtitle D Management Fund .............................$2,669 |
23 | | Supplemental Low-Income Energy Assistance Fund .......$158,173 |
24 | | Tax Compliance and Administration Fund .................$3,789 |
25 | | Technology Management Revolving Fund .................$620,435 |
26 | | Tobacco Settlement Recovery Fund .......................$4,747 |
|
| | HB4959 Enrolled | - 148 - | LRB103 36303 SPS 66401 b |
|
|
1 | | Tourism Promotion Fund ................................$46,998 |
2 | | Traffic and Criminal Conviction Surcharge Fund ........$41,173 |
3 | | Underground Storage Tank Fund .........................$31,314 |
4 | | University of Illinois Hospital Services Fund ..........$3,257 |
5 | | Vehicle Hijacking and Motor Vehicle Theft |
6 | | Prevention and Insurance Verification Trust Fund ...$8,183 |
7 | | Vehicle Inspection Fund ...............................$19,811 |
8 | | Weights and Measures Fund ..............................$3,636 |
9 | | African-American HIV/AIDS Response RESP Fund ...........$1,421 |
10 | | Agricultural Premium Fund ............................$122,719 |
11 | | Alzheimer's Awareness Fund .............................$1,499 |
12 | | Alzheimer's Disease Research, Care, and Support Fund .....$662 |
13 | | Amusement Ride and Patron Safety Fund ..................$6,315 |
14 | | Assisted Living and & Shared Housing Regulatory |
15 | | House Regulation Fund ..............................$2,564 |
16 | | Capital Development Board Revolving Fund ..............$15,118 |
17 | | Care Provider Fund for Persons with a Developmental |
18 | | Disability ........................................$15,392 |
19 | | Carolyn Adams Ticket For The Cure Grant Fund .............$927 |
20 | | CDLIS/AAMVANET/NMVTIS Trust Fund (Commercial |
21 | | Driver's License Information |
22 | | System/American Association of |
23 | | Motor Vehicle Administrators |
24 | | network/National Motor Vehicle |
25 | | Title Information Service Trust Fund) ..............$5,236 |
26 | | Chicago Police Memorial Foundation Fund ..................$708 |
|
| | HB4959 Enrolled | - 149 - | LRB103 36303 SPS 66401 b |
|
|
1 | | Chicago State University Education Improvement Fund ...$13,666 |
2 | | Child Labor and Day and Temporary Labor |
3 | | Services Enforcement Fund .........................$11,991 |
4 | | Child Support Administrative Fund ......................$5,287 |
5 | | Clean Air Act Permit Fund ..............................$1,556 |
6 | | Coal Technology Development Assistance Fund ............$6,936 |
7 | | Common School Fund ...................................$343,892 |
8 | | Community Mental Health Medicaid Trust Fund ...........$14,084 |
9 | | Corporate Franchise Tax Refund Fund ....................$1,096 |
10 | | DCFS Children's Services Fund ..........................$8,766 |
11 | | Death Certificate Surcharge Fund .......................$2,060 |
12 | | Death Penalty Abolition Fund ...........................$2,448 |
13 | | Department of Business Services Service Special |
14 | | Operations Fund ...................................$13,889 |
15 | | Department of Human Services DHS Community |
16 | | Services Fund ......................................$7,970 |
17 | | Downstate Public Transportation Fund ..................$11,631 |
18 | | Dram Shop Fund .......................................$142,500 |
19 | | Driver Services Administration Fund ....................$1,873 |
20 | | Drug Rebate Fund ......................................$42,473 |
21 | | Drug Treatment Fund ....................................$1,767 |
22 | | Education Assistance Fund ..........................$2,031,292 |
23 | | Emergency Public Health Fund ...........................$5,162 |
24 | | Environmental Protection Permit and Inspection Fund ....$1,447 |
25 | | Estate Tax Refund Fund ...................................$852 |
26 | | Facilities Management Revolving Fund ..................$50,148 |
|
| | HB4959 Enrolled | - 150 - | LRB103 36303 SPS 66401 b |
|
|
1 | | Facility Licensing Fund ................................$5,522 |
2 | | Fair and & Exposition Fund .............................$4,248 |
3 | | Feed Control Fund ......................................$7,709 |
4 | | Fertilizer Control Fund ................................$6,849 |
5 | | Fire Prevention Fund ...................................$3,859 |
6 | | Fund for the Advancement of Education .................$24,772 |
7 | | General Assembly Operations Revolving Rev Fund .........$1,146 |
8 | | General Professions Dedicated Fund .....................$4,039 |
9 | | General Revenue Fund ..............................$17,653,153 |
10 | | Governor's Administrative Fund .........................$2,832 |
11 | | Governor's Grant Fund .................................$17,709 |
12 | | Grade Crossing Protection Fund ...........................$930 |
13 | | Grant Accountability and / Transparency Fund .............$805 |
14 | | Guardianship and & Advocacy Fund ......................$14,843 |
15 | | Hazardous Waste Fund .....................................$835 |
16 | | Health Facility Plan Review Fund .......................$1,776 |
17 | | Health and Human Services Service Medicaid Trust Fund ..$6,554 |
18 | | Healthcare Provider Relief Fund ......................$407,107 |
19 | | Healthy Smiles Fund ......................................$738 |
20 | | Home Care Services Agency Licensure Fund ...............$3,101 |
21 | | Hospital Licensure Fund ................................$1,688 |
22 | | Hospital Provider Fund ...............................$138,829 |
23 | | ICCB Federal Trust Fund ...............................$9,968 |
24 | | ICJIA Violence Prevention Fund ...........................$932 |
25 | | Illinois IL Affordable Housing Trust Fund .............$17,236 |
26 | | Illinois IL Clean Water Fund ...........................$2,152 |
|
| | HB4959 Enrolled | - 151 - | LRB103 36303 SPS 66401 b |
|
|
1 | | IL Community College Board |
2 | | Contracts and Grants ...............................9,968 |
3 | | Illinois IL Health Facilities Planning Fund ............$3,094 |
4 | | IMSA Income Fund ......................................$12,417 |
5 | | Illinois IL Power Agency Operations Fund ..............$62,583 |
6 | | Illinois IL School Asbestos Abatement Fund ...............$784 |
7 | | Illinois IL State Fair Fund ...........................$29,752 |
8 | | Illinois IL State Police Memorial Park Fund ..............$681 |
9 | | Illinois Telecommunications IL Telecom Access |
10 | | Corporation Fund ...................................$1,668 |
11 | | Illinois IL Underground Utility Facilities |
12 | | Facility Damage Prevention Fund ....................$4,276 |
13 | | Illinois IL Veterans' Rehabilitation Fund ..............$5,943 |
14 | | Illinois IL Workers' Compensation Commission |
15 | | Operations Fund ..................................$243,187 |
16 | | Income Tax Refund Fund ................................$54,420 |
17 | | Lead Poisoning Screening, Prevention, and |
18 | | Abatement Fund ....................................$16,379 |
19 | | Live and Learn Fund ...................................$25,492 |
20 | | Lobbyist Registration Administration Fund ..............$1,471 |
21 | | Local Government Distributive Fund ....................$44,025 |
22 | | Long Term Care Monitor/Receiver Receive Fund ..........$42,016 |
23 | | Long-Term Long Term Care Provider Fund ................$13,537 |
24 | | Low-Level Radioactive Low Level Rad Facility |
25 | | Development and Operation Dev & Op Fund ..............$618 |
26 | | Mandatory Arbitration Fund .............................$2,104 |
|
| | HB4959 Enrolled | - 152 - | LRB103 36303 SPS 66401 b |
|
|
1 | | Medical Special Purposes Purpose Trust Fund ..............$786 |
2 | | Mental Health Fund .....................................$9,376 |
3 | | Mental Health Reporting Fund ...........................$1,443 |
4 | | Metabolic Screening and & Treatment Fund ..............$32,049 |
5 | | Monitoring Device Driving Permit Administration |
6 | | Fee Fund ...........................................$1,616 |
7 | | Motor Fuel Tax Fund ...................................$36,238 |
8 | | Motor Vehicle License Plate Fund ......................$17,694 |
9 | | Motor Vehicle Theft Prevention and Insurance |
10 | | Verification Trust .................................10,970 |
11 | | Multiple Sclerosis Research Fund .........................$758 |
12 | | Nuclear Safety Emergency Preparedness Fund ............$26,117 |
13 | | Nursing Dedicated and Professional Fund ................$2,420 |
14 | | Open Space Lands Acquisition and & Development Fund ......$658 |
15 | | Partners For Conservation Fund ........................$89,847 |
16 | | Pension Stabilization Fund .............................$1,031 |
17 | | Personal Property Tax Replacement Fund ...............$290,755 |
18 | | Pesticide Control Fund ................................$30,513 |
19 | | Plumbing Licensure and & Program Fund ..................$6,276 |
20 | | Police Memorial Committee Fund ...........................$813 |
21 | | Professional Services Fund ............................$72,029 |
22 | | Public Health Laboratory Lab Services Revolving |
23 | | Rev Fund ...........................................$5,816 |
24 | | Public Transportation Fund ............................$46,826 |
25 | | Public Utility Fund ..................................$198,423 |
26 | | Radiation Protection Fund .............................$11,034 |
|
| | HB4959 Enrolled | - 153 - | LRB103 36303 SPS 66401 b |
|
|
1 | | Renewable Energy Resources Trust Fund ..................$7,834 |
2 | | Road Fund ............................................$226,150 |
3 | | Regional Transportation Authority RTA Occupation |
4 | | and & Use Tax Replacement Fund .....................$1,167 |
5 | | School Infrastructure Fund .............................$7,749 |
6 | | Secretary of State DUI Administration Fund .............$2,694 |
7 | | Secretary of State Identification & Security |
8 | | and Theft Prevention Fund .........................$12,676 |
9 | | Secretary of State Police Services Fund ..................$717 |
10 | | Secretary of State Special License Plate Fund ..........$4,203 |
11 | | Secretary of State Special Services Fund ..............$34,491 |
12 | | Securities Audit and Enforcement Fund ..................$8,198 |
13 | | Solid Waste Management Fund ............................$1,613 |
14 | | Special Olympics Illinois and Special |
15 | | Children's Charities Fund ............................$852 |
16 | | Special Education Medicaid Matching Fund ...............$5,131 |
17 | | Sports Wagering Fund ...................................$4,450 |
18 | | State and Local Sales Tax Reform Fund ..................$2,361 |
19 | | State Construction Account Fund .......................$37,865 |
20 | | State Gaming Fund .....................................$94,435 |
21 | | State Garage Revolving Fund ............................$8,977 |
22 | | State Lottery Fund ...................................$340,323 |
23 | | State Pensions Fund ..................................$500,000 |
24 | | State Treasurer's Bank Services Trust Fund .............$1,295 |
25 | | Supreme Court Special Purposes Fund ....................$1,722 |
26 | | Tattoo and & Body Piercing Establishment |
|
| | HB4959 Enrolled | - 154 - | LRB103 36303 SPS 66401 b |
|
|
1 | | Registration Fund ....................................$950 |
2 | | Tax Compliance and & Administration Fund ...............$1,483 |
3 | | Technology Management Revolving Fund .................$186,193 |
4 | | Tobacco Settlement Recovery Fund ......................$29,864 |
5 | | Tourism Promotion Fund ................................$50,155 |
6 | | Transportation Regulatory Fund ........................$78,256 |
7 | | Trauma Center Fund .....................................$1,960 |
8 | | Underground Storage Tank Fund ..........................$3,630 |
9 | | University of Illinois IL Hospital Services Fund .......$6,712 |
10 | | Vehicle Hijacking and Motor Vehicle |
11 | | Theft Prevention and Insurance |
12 | | Verification Trust Fund ...........................$10,970 |
13 | | Vehicle Inspection Fund ................................$5,069 |
14 | | Weights and Measures Fund .............................$22,129 |
15 | | Youth Alcoholism and & Substance Abuse Prevention Fund ...$526 |
16 | | Notwithstanding any provision of the law to the contrary, |
17 | | the General Assembly hereby authorizes the use of such funds |
18 | | for the purposes set forth in this Section. |
19 | | These provisions do not apply to funds classified by the |
20 | | Comptroller as federal trust funds or State trust funds. The |
21 | | Audit Expense Fund may receive transfers from those trust |
22 | | funds only as directed herein, except where prohibited by the |
23 | | terms of the trust fund agreement. The Auditor General shall |
24 | | notify the trustees of those funds of the estimated cost of the |
25 | | audit to be incurred under the Illinois State Auditing Act for |
26 | | the fund. The trustees of those funds shall direct the State |
|
| | HB4959 Enrolled | - 155 - | LRB103 36303 SPS 66401 b |
|
|
1 | | Comptroller and Treasurer to transfer the estimated amount to |
2 | | the Audit Expense Fund. |
3 | | The Auditor General may bill entities that are not subject |
4 | | to the above transfer provisions, including private entities, |
5 | | related organizations and entities whose funds are |
6 | | locally-held, for the cost of audits, studies, and |
7 | | investigations incurred on their behalf. Any revenues received |
8 | | under this provision shall be deposited into the Audit Expense |
9 | | Fund. |
10 | | In the event that moneys on deposit in any fund are |
11 | | unavailable, by reason of deficiency or any other reason |
12 | | preventing their lawful transfer, the State Comptroller shall |
13 | | order transferred and the State Treasurer shall transfer the |
14 | | amount deficient or otherwise unavailable from the General |
15 | | Revenue Fund for deposit into the Audit Expense Fund. |
16 | | On or before December 1, 1992, and each December 1 |
17 | | thereafter, the Auditor General shall notify the Governor's |
18 | | Office of Management and Budget (formerly Bureau of the |
19 | | Budget) of the amount estimated to be necessary to pay for |
20 | | audits, studies, and investigations in accordance with the |
21 | | Illinois State Auditing Act during the next succeeding fiscal |
22 | | year for each State fund for which a transfer or reimbursement |
23 | | is anticipated. |
24 | | Beginning with fiscal year 1994 and during each fiscal |
25 | | year thereafter, the Auditor General may direct the State |
26 | | Comptroller and Treasurer to transfer moneys from funds |
|
| | HB4959 Enrolled | - 156 - | LRB103 36303 SPS 66401 b |
|
|
1 | | authorized by the General Assembly for that fund. In the event |
2 | | funds, including federal and State trust funds but excluding |
3 | | the General Revenue Fund, are transferred, during fiscal year |
4 | | 1994 and during each fiscal year thereafter, in excess of the |
5 | | amount to pay actual costs attributable to audits, studies, |
6 | | and investigations as permitted or required by the Illinois |
7 | | State Auditing Act or specific action of the General Assembly, |
8 | | the Auditor General shall, on September 30, or as soon |
9 | | thereafter as is practicable, direct the State Comptroller and |
10 | | Treasurer to transfer the excess amount back to the fund from |
11 | | which it was originally transferred. |
12 | | (Source: P.A. 102-16, eff. 6-17-21; 102-699, eff. 4-19-22; |
13 | | 103-8, eff. 6-7-23; 103-129, eff. 6-30-23; revised 11-21-23.) |
14 | | (30 ILCS 105/6z-32) |
15 | | Sec. 6z-32. Partners for Planning and Conservation. |
16 | | (a) The Partners for Conservation Fund (formerly known as |
17 | | the Conservation 2000 Fund) and the Partners for Conservation |
18 | | Projects Fund (formerly known as the Conservation 2000 |
19 | | Projects Fund) are created as special funds in the State |
20 | | Treasury. These funds shall be used to establish a |
21 | | comprehensive program to protect Illinois' natural resources |
22 | | through cooperative partnerships between State government and |
23 | | public and private landowners. Moneys in these Funds may be |
24 | | used, subject to appropriation, by the Department of Natural |
25 | | Resources, Environmental Protection Agency, and the Department |
|
| | HB4959 Enrolled | - 157 - | LRB103 36303 SPS 66401 b |
|
|
1 | | of Agriculture for purposes relating to natural resource |
2 | | protection, planning, recreation, tourism, climate resilience, |
3 | | and compatible agricultural and economic development |
4 | | activities. Without limiting these general purposes, moneys in |
5 | | these Funds may be used, subject to appropriation, for the |
6 | | following specific purposes: |
7 | | (1) To foster sustainable agriculture practices and |
8 | | control soil erosion, sedimentation, and nutrient loss |
9 | | from farmland, including grants to Soil and Water |
10 | | Conservation Districts for conservation practice |
11 | | cost-share grants and for personnel, educational, and |
12 | | administrative expenses. |
13 | | (2) To establish and protect a system of ecosystems in |
14 | | public and private ownership through conservation |
15 | | easements, incentives to public and private landowners, |
16 | | natural resource restoration and preservation, water |
17 | | quality protection and improvement, land use and watershed |
18 | | planning, technical assistance and grants, and land |
19 | | acquisition provided these mechanisms are all voluntary on |
20 | | the part of the landowner and do not involve the use of |
21 | | eminent domain. |
22 | | (3) To develop a systematic and long-term program to |
23 | | effectively measure and monitor natural resources and |
24 | | ecological conditions through investments in technology |
25 | | and involvement of scientific experts. |
26 | | (4) To initiate strategies to enhance, use, and |
|
| | HB4959 Enrolled | - 158 - | LRB103 36303 SPS 66401 b |
|
|
1 | | maintain Illinois' inland lakes through education, |
2 | | technical assistance, research, and financial incentives. |
3 | | (5) To partner with private landowners and with units |
4 | | of State, federal, and local government and with |
5 | | not-for-profit organizations in order to integrate State |
6 | | and federal programs with Illinois' natural resource |
7 | | protection and restoration efforts and to meet |
8 | | requirements to obtain federal and other funds for |
9 | | conservation or protection of natural resources. |
10 | | (6) To support the State's Nutrient Loss Reduction |
11 | | Strategy, including, but not limited to, funding the |
12 | | resources needed to support the Strategy's Policy Working |
13 | | Group, cover water quality monitoring in support of |
14 | | Strategy implementation, prepare a biennial report on the |
15 | | progress made on the Strategy every 2 years, and provide |
16 | | cost share funding for nutrient capture projects. |
17 | | (7) To provide capacity grants to support soil and |
18 | | water conservation districts, including, but not limited |
19 | | to, developing soil health plans, conducting soil health |
20 | | assessments, peer-to-peer training, convening |
21 | | producer-led dialogues, professional memberships, lab |
22 | | analysis, and and travel stipends for meetings and |
23 | | educational events. |
24 | | (8) To develop guidelines and local soil health |
25 | | assessments for advancing soil health. |
26 | | (b) The State Comptroller and State Treasurer shall |
|
| | HB4959 Enrolled | - 159 - | LRB103 36303 SPS 66401 b |
|
|
1 | | automatically transfer on the last day of each month, |
2 | | beginning on September 30, 1995 and ending on June 30, 2025 |
3 | | 2024 , from the General Revenue Fund to the Partners for |
4 | | Conservation Fund, an amount equal to 1/10 of the amount set |
5 | | forth below in fiscal year 1996 and an amount equal to 1/12 of |
6 | | the amount set forth below in each of the other specified |
7 | | fiscal years: |
|
8 | | Fiscal Year | Amount | |
9 | | 1996 | $ 3,500,000 | |
10 | | 1997 | $ 9,000,000 | |
11 | | 1998 | $10,000,000 | |
12 | | 1999 | $11,000,000 | |
13 | | 2000 | $12,500,000 | |
14 | | 2001 through 2004 | $14,000,000 | |
15 | | 2005 | $7,000,000 | |
16 | | 2006 | $11,000,000 | |
17 | | 2007 | $0 | |
18 | | 2008 through 2011 | $14,000,000 | |
19 | | 2012 | $12,200,000 | |
20 | | 2013 through 2017 | $14,000,000 | |
21 | | 2018 | $1,500,000 | |
22 | | 2019 | $14,000,000 | |
23 | | 2020 | $7,500,000 | |
24 | | 2021 through 2023 | $14,000,000 | |
25 | | 2024 | $18,000,000 | |
26 | | 2025 | $14,000,000 |
|
|
| | HB4959 Enrolled | - 160 - | LRB103 36303 SPS 66401 b |
|
|
1 | | (c) The State Comptroller and State Treasurer shall |
2 | | automatically transfer on the last day of each month beginning |
3 | | on July 31, 2021 and ending June 30, 2022, from the |
4 | | Environmental Protection Permit and Inspection Fund to the |
5 | | Partners for Conservation Fund, an amount equal to 1/12 of |
6 | | $4,135,000. |
7 | | (c-1) The State Comptroller and State Treasurer shall |
8 | | automatically transfer on the last day of each month beginning |
9 | | on July 31, 2022 and ending June 30, 2023, from the |
10 | | Environmental Protection Permit and Inspection Fund to the |
11 | | Partners for Conservation Fund, an amount equal to 1/12 of |
12 | | $5,900,000. |
13 | | (d) There shall be deposited into the Partners for |
14 | | Conservation Projects Fund such bond proceeds and other moneys |
15 | | as may, from time to time, be provided by law. |
16 | | (Source: P.A. 102-16, eff. 6-17-21; 102-699, eff. 4-19-22; |
17 | | 103-8, eff. 6-7-23; 103-494, eff. 8-4-23; revised 9-7-23.) |
18 | | (30 ILCS 105/6z-47) |
19 | | Sec. 6z-47. Fund for Illinois' Future. |
20 | | (a) The Fund for Illinois' Future is hereby created as a |
21 | | special fund in the State Treasury. |
22 | | (b) On June 15, 1999 ( Upon the effective date of Public Act |
23 | | 91-38) this amendatory Act of the 91st General Assembly , or as |
24 | | soon as possible thereafter, the Comptroller shall order |
25 | | transferred and the Treasurer shall transfer $260,000,000 from |
|
| | HB4959 Enrolled | - 161 - | LRB103 36303 SPS 66401 b |
|
|
1 | | the General Revenue Fund to the Fund for Illinois' Future. |
2 | | On July 15, 2000, or as soon as possible thereafter, the |
3 | | Comptroller shall order transferred and the Treasurer shall |
4 | | transfer $260,000,000 from the General Revenue Fund to the |
5 | | Fund for Illinois' Future. |
6 | | Revenues in the Fund for Illinois' Future shall include |
7 | | any other funds appropriated or transferred into the Fund. |
8 | | (c) Moneys in the Fund for Illinois' Future may be |
9 | | appropriated for the making of grants and expenditures for |
10 | | planning, engineering, acquisition, construction, |
11 | | reconstruction, development, improvement, and extension of |
12 | | public infrastructure in the State of Illinois, including |
13 | | grants to local governments for public infrastructure, grants |
14 | | to public elementary and secondary school districts for public |
15 | | infrastructure, grants to universities, colleges, community |
16 | | colleges, and non-profit corporations for public |
17 | | infrastructure, and expenditures for public infrastructure of |
18 | | the State and other related purposes, including but not |
19 | | limited to expenditures for equipment, vehicles, community |
20 | | programs, and recreational facilities. |
21 | | (d) Moneys in the Fund for Illinois' Future may also be |
22 | | appropriated for the making of grants to local governments, |
23 | | public and private elementary and secondary schools, |
24 | | non-profit corporations, and community-based providers for |
25 | | costs associated with violence prevention, community |
26 | | development, educational programs, social services, community |
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1 | | programs, and operational expenses. |
2 | | (Source: P.A. 91-38, eff. 6-15-99.) |
3 | | (30 ILCS 105/6z-70) |
4 | | Sec. 6z-70. The Secretary of State Identification Security |
5 | | and Theft Prevention Fund. |
6 | | (a) The Secretary of State Identification Security and |
7 | | Theft Prevention Fund is created as a special fund in the State |
8 | | treasury. The Fund shall consist of any fund transfers, |
9 | | grants, fees, or moneys from other sources received for the |
10 | | purpose of funding identification security and theft |
11 | | prevention measures. |
12 | | (b) All moneys in the Secretary of State Identification |
13 | | Security and Theft Prevention Fund shall be used, subject to |
14 | | appropriation, for any costs related to implementing |
15 | | identification security and theft prevention measures. |
16 | | (c) (Blank). |
17 | | (d) (Blank). |
18 | | (e) (Blank). |
19 | | (f) (Blank). |
20 | | (g) (Blank). |
21 | | (h) (Blank). |
22 | | (i) (Blank). |
23 | | (j) (Blank). |
24 | | (k) (Blank). |
25 | | (l) (Blank). |
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1 | | (m) (Blank). |
2 | | (n) (Blank). |
3 | | (o) (Blank). Notwithstanding any other provision of State |
4 | | law to the contrary, on or after July 1, 2022, and until June |
5 | | 30, 2023, in addition to any other transfers that may be |
6 | | provided for by law, at the direction of and upon notification |
7 | | of the Secretary of State, the State Comptroller shall direct |
8 | | and the State Treasurer shall transfer amounts into the |
9 | | Secretary of State Identification Security and Theft |
10 | | Prevention Fund from the designated funds not exceeding the |
11 | | following totals: |
12 | | Division of Corporations Registered Limited |
13 | | Liability Partnership Fund ...................$400,000 |
14 | | Department of Business Services Special |
15 | | Operations Fund ............................$5,500,000 |
16 | | Securities Audit and Enforcement Fund ..........$4,000,000 |
17 | | Corporate Franchise Tax Refund Fund ............$4,000,000 |
18 | | (p) Notwithstanding any other provision of State law to |
19 | | the contrary, on or after July 1, 2023, and until June 30, |
20 | | 2024, in addition to any other transfers that may be provided |
21 | | for by law, at the direction of and upon notification of the |
22 | | Secretary of State, the State Comptroller shall direct and the |
23 | | State Treasurer shall transfer amounts into the Secretary of |
24 | | State Identification Security and Theft Prevention Fund from |
25 | | the designated funds not exceeding the following totals: |
26 | | Division of Corporations Registered Limited |
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1 | | Liability Partnership Fund ..................$400,000 |
2 | | Department of Business Services Special |
3 | | Operations Fund ...........................$5,500,000 |
4 | | Securities Audit and Enforcement Fund .........$4,000,000 |
5 | | (q) Notwithstanding any other provision of State law to |
6 | | the contrary, on or after July 1, 2024, and until June 30, |
7 | | 2025, in addition to any other transfers that may be provided |
8 | | for by law, at the direction of and upon notification of the |
9 | | Secretary of State, the State Comptroller shall direct and the |
10 | | State Treasurer shall transfer amounts into the Secretary of |
11 | | State Identification Security and Theft Prevention Fund from |
12 | | the designated funds not exceeding the following totals: |
13 | | Division of Corporations Registered Limited |
14 | | Liability Partnership Fund ...................$400,000 |
15 | | Department of Business Services Special |
16 | | Operations Fund ............................$5,500,000 |
17 | | Securities Audit and Enforcement Fund ..........$4,000,000 |
18 | | Corporate Franchise Tax Refund Fund ............$3,000,000 |
19 | | (Source: P.A. 102-16, eff. 6-17-21; 102-699, eff. 4-19-22; |
20 | | 103-8, eff. 6-7-23.) |
21 | | (30 ILCS 105/6z-111) |
22 | | Sec. 6z-111. Rebuild Illinois Projects Fund. |
23 | | (a) The Rebuild Illinois Projects Fund is created as a |
24 | | special fund in the State treasury and shall receive moneys |
25 | | from the collection of license fees on initial licenses issued |
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1 | | for newly licensed gaming facilities or wagering platforms in |
2 | | Fiscal Year 2019 or thereafter, and any other moneys |
3 | | appropriated or transferred to it as provided by law. |
4 | | (b) Money in the Rebuild Illinois Projects Fund shall be |
5 | | used, subject to appropriation, for grants that support |
6 | | community development, including capital projects and other |
7 | | purposes authorized by law. |
8 | | (Source: P.A. 101-30, eff. 6-28-19.) |
9 | | (30 ILCS 105/6z-140 new) |
10 | | Sec. 6z-140. Professions Licensure Fund. The Professions |
11 | | Licensure Fund is created as a special fund in the State |
12 | | treasury. The Fund may receive revenue from any authorized |
13 | | source, including, but not limited to, gifts, grants, awards, |
14 | | transfers, and appropriations. Subject to appropriation, the |
15 | | Department of Financial and Professional Regulation may use |
16 | | moneys in the Fund for costs directly associated with the |
17 | | procurement of electronic data processing software, licenses, |
18 | | or any other information technology system products and for |
19 | | the ongoing costs of electronic data processing software, |
20 | | licenses, or other information technology system products |
21 | | related to the granting, renewal, or administration of all |
22 | | licenses under the Department's jurisdiction. |
23 | | (30 ILCS 105/8.3) |
24 | | Sec. 8.3. Money in the Road Fund shall, if and when the |
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1 | | State of Illinois incurs any bonded indebtedness for the |
2 | | construction of permanent highways, be set aside and used for |
3 | | the purpose of paying and discharging annually the principal |
4 | | and interest on that bonded indebtedness then due and payable, |
5 | | and for no other purpose. The surplus, if any, in the Road Fund |
6 | | after the payment of principal and interest on that bonded |
7 | | indebtedness then annually due shall be used as follows: |
8 | | first -- to pay the cost of administration of Chapters |
9 | | 2 through 10 of the Illinois Vehicle Code, except the cost |
10 | | of administration of Articles I and II of Chapter 3 of that |
11 | | Code, and to pay the costs of the Executive Ethics |
12 | | Commission for oversight and administration of the Chief |
13 | | Procurement Officer appointed under paragraph (2) of |
14 | | subsection (a) of Section 10-20 of the Illinois |
15 | | Procurement Code for transportation; and |
16 | | secondly -- for expenses of the Department of |
17 | | Transportation for construction, reconstruction, |
18 | | improvement, repair, maintenance, operation, and |
19 | | administration of highways in accordance with the |
20 | | provisions of laws relating thereto, or for any purpose |
21 | | related or incident to and connected therewith, including |
22 | | the separation of grades of those highways with railroads |
23 | | and with highways and including the payment of awards made |
24 | | by the Illinois Workers' Compensation Commission under the |
25 | | terms of the Workers' Compensation Act or Workers' |
26 | | Occupational Diseases Act for injury or death of an |
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1 | | employee of the Division of Highways in the Department of |
2 | | Transportation; or for the acquisition of land and the |
3 | | erection of buildings for highway purposes, including the |
4 | | acquisition of highway right-of-way or for investigations |
5 | | to determine the reasonably anticipated future highway |
6 | | needs; or for making of surveys, plans, specifications and |
7 | | estimates for and in the construction and maintenance of |
8 | | flight strips and of highways necessary to provide access |
9 | | to military and naval reservations, to defense industries |
10 | | and defense-industry sites, and to the sources of raw |
11 | | materials and for replacing existing highways and highway |
12 | | connections shut off from general public use at military |
13 | | and naval reservations and defense-industry sites, or for |
14 | | the purchase of right-of-way, except that the State shall |
15 | | be reimbursed in full for any expense incurred in building |
16 | | the flight strips; or for the operating and maintaining of |
17 | | highway garages; or for patrolling and policing the public |
18 | | highways and conserving the peace; or for the operating |
19 | | expenses of the Department relating to the administration |
20 | | of public transportation programs; or, during fiscal year |
21 | | 2023, for the purposes of a grant not to exceed $8,394,800 |
22 | | to the Regional Transportation Authority on behalf of PACE |
23 | | for the purpose of ADA/Para-transit expenses; or, during |
24 | | fiscal year 2024, for the purposes of a grant not to exceed |
25 | | $9,108,400 to the Regional Transportation Authority on |
26 | | behalf of PACE for the purpose of ADA/Para-transit |
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1 | | expenses; or, during fiscal year 2025, for the purposes of |
2 | | a grant not to exceed $10,020,000 to the Regional |
3 | | Transportation Authority on behalf of PACE for the purpose |
4 | | of ADA/Para-transit expenses; or for any of those purposes |
5 | | or any other purpose that may be provided by law. |
6 | | Appropriations for any of those purposes are payable from |
7 | | the Road Fund. Appropriations may also be made from the Road |
8 | | Fund for the administrative expenses of any State agency that |
9 | | are related to motor vehicles or arise from the use of motor |
10 | | vehicles. |
11 | | Beginning with fiscal year 1980 and thereafter, no Road |
12 | | Fund monies shall be appropriated to the following Departments |
13 | | or agencies of State government for administration, grants, or |
14 | | operations; but this limitation is not a restriction upon |
15 | | appropriating for those purposes any Road Fund monies that are |
16 | | eligible for federal reimbursement: |
17 | | 1. Department of Public Health; |
18 | | 2. Department of Transportation, only with respect to |
19 | | subsidies for one-half fare Student Transportation and |
20 | | Reduced Fare for Elderly, except fiscal year 2023 when no |
21 | | more than $17,570,000 may be expended and except fiscal |
22 | | year 2024 when no more than $19,063,500 may be expended |
23 | | and except fiscal year 2025 when no more than $20,969,900 |
24 | | may be expended ; |
25 | | 3. Department of Central Management Services, except |
26 | | for expenditures incurred for group insurance premiums of |
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1 | | appropriate personnel; |
2 | | 4. Judicial Systems and Agencies. |
3 | | Beginning with fiscal year 1981 and thereafter, no Road |
4 | | Fund monies shall be appropriated to the following Departments |
5 | | or agencies of State government for administration, grants, or |
6 | | operations; but this limitation is not a restriction upon |
7 | | appropriating for those purposes any Road Fund monies that are |
8 | | eligible for federal reimbursement: |
9 | | 1. Illinois State Police, except for expenditures with |
10 | | respect to the Division of Patrol and Division of Criminal |
11 | | Investigation; |
12 | | 2. Department of Transportation, only with respect to |
13 | | Intercity Rail Subsidies, except fiscal year 2023 when no |
14 | | more than $55,000,000 may be expended and except fiscal |
15 | | year 2024 when no more than $60,000,000 may be expended |
16 | | and except fiscal year 2025 when no more than $67,000,000 |
17 | | may be expended , and Rail Freight Services. |
18 | | Beginning with fiscal year 1982 and thereafter, no Road |
19 | | Fund monies shall be appropriated to the following Departments |
20 | | or agencies of State government for administration, grants, or |
21 | | operations; but this limitation is not a restriction upon |
22 | | appropriating for those purposes any Road Fund monies that are |
23 | | eligible for federal reimbursement: Department of Central |
24 | | Management Services, except for awards made by the Illinois |
25 | | Workers' Compensation Commission under the terms of the |
26 | | Workers' Compensation Act or Workers' Occupational Diseases |
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1 | | Act for injury or death of an employee of the Division of |
2 | | Highways in the Department of Transportation. |
3 | | Beginning with fiscal year 1984 and thereafter, no Road |
4 | | Fund monies shall be appropriated to the following Departments |
5 | | or agencies of State government for administration, grants, or |
6 | | operations; but this limitation is not a restriction upon |
7 | | appropriating for those purposes any Road Fund monies that are |
8 | | eligible for federal reimbursement: |
9 | | 1. Illinois State Police, except not more than 40% of |
10 | | the funds appropriated for the Division of Patrol and |
11 | | Division of Criminal Investigation; |
12 | | 2. State Officers. |
13 | | Beginning with fiscal year 1984 and thereafter, no Road |
14 | | Fund monies shall be appropriated to any Department or agency |
15 | | of State government for administration, grants, or operations |
16 | | except as provided hereafter; but this limitation is not a |
17 | | restriction upon appropriating for those purposes any Road |
18 | | Fund monies that are eligible for federal reimbursement. It |
19 | | shall not be lawful to circumvent the above appropriation |
20 | | limitations by governmental reorganization or other methods. |
21 | | Appropriations shall be made from the Road Fund only in |
22 | | accordance with the provisions of this Section. |
23 | | Money in the Road Fund shall, if and when the State of |
24 | | Illinois incurs any bonded indebtedness for the construction |
25 | | of permanent highways, be set aside and used for the purpose of |
26 | | paying and discharging during each fiscal year the principal |
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1 | | and interest on that bonded indebtedness as it becomes due and |
2 | | payable as provided in the Transportation Bond Act, and for no |
3 | | other purpose. The surplus, if any, in the Road Fund after the |
4 | | payment of principal and interest on that bonded indebtedness |
5 | | then annually due shall be used as follows: |
6 | | first -- to pay the cost of administration of Chapters |
7 | | 2 through 10 of the Illinois Vehicle Code; and |
8 | | secondly -- no Road Fund monies derived from fees, |
9 | | excises, or license taxes relating to registration, |
10 | | operation and use of vehicles on public highways or to |
11 | | fuels used for the propulsion of those vehicles, shall be |
12 | | appropriated or expended other than for costs of |
13 | | administering the laws imposing those fees, excises, and |
14 | | license taxes, statutory refunds and adjustments allowed |
15 | | thereunder, administrative costs of the Department of |
16 | | Transportation, including, but not limited to, the |
17 | | operating expenses of the Department relating to the |
18 | | administration of public transportation programs, payment |
19 | | of debts and liabilities incurred in construction and |
20 | | reconstruction of public highways and bridges, acquisition |
21 | | of rights-of-way for and the cost of construction, |
22 | | reconstruction, maintenance, repair, and operation of |
23 | | public highways and bridges under the direction and |
24 | | supervision of the State, political subdivision, or |
25 | | municipality collecting those monies, or during fiscal |
26 | | year 2023 for the purposes of a grant not to exceed |
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1 | | $8,394,800 to the Regional Transportation Authority on |
2 | | behalf of PACE for the purpose of ADA/Para-transit |
3 | | expenses, or during fiscal year 2024 for the purposes of a |
4 | | grant not to exceed $9,108,400 to the Regional |
5 | | Transportation Authority on behalf of PACE for the purpose |
6 | | of ADA/Para-transit expenses, or during fiscal year 2025 |
7 | | for the purposes of a grant not to exceed $10,020,000 to |
8 | | the Regional Transportation Authority on behalf of PACE |
9 | | for the purpose of ADA/Para-transit expenses, and the |
10 | | costs for patrolling and policing the public highways (by |
11 | | the State, political subdivision, or municipality |
12 | | collecting that money) for enforcement of traffic laws. |
13 | | The separation of grades of such highways with railroads |
14 | | and costs associated with protection of at-grade highway |
15 | | and railroad crossing shall also be permissible. |
16 | | Appropriations for any of such purposes are payable from |
17 | | the Road Fund or the Grade Crossing Protection Fund as |
18 | | provided in Section 8 of the Motor Fuel Tax Law. |
19 | | Except as provided in this paragraph, beginning with |
20 | | fiscal year 1991 and thereafter, no Road Fund monies shall be |
21 | | appropriated to the Illinois State Police for the purposes of |
22 | | this Section in excess of its total fiscal year 1990 Road Fund |
23 | | appropriations for those purposes unless otherwise provided in |
24 | | Section 5g of this Act. For fiscal years 2003, 2004, 2005, |
25 | | 2006, and 2007 only, no Road Fund monies shall be appropriated |
26 | | to the Department of State Police for the purposes of this |
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1 | | Section in excess of $97,310,000. For fiscal year 2008 only, |
2 | | no Road Fund monies shall be appropriated to the Department of |
3 | | State Police for the purposes of this Section in excess of |
4 | | $106,100,000. For fiscal year 2009 only, no Road Fund monies |
5 | | shall be appropriated to the Department of State Police for |
6 | | the purposes of this Section in excess of $114,700,000. |
7 | | Beginning in fiscal year 2010, no Road Fund road fund moneys |
8 | | shall be appropriated to the Illinois State Police. It shall |
9 | | not be lawful to circumvent this limitation on appropriations |
10 | | by governmental reorganization or other methods unless |
11 | | otherwise provided in Section 5g of this Act. |
12 | | In fiscal year 1994, no Road Fund monies shall be |
13 | | appropriated to the Secretary of State for the purposes of |
14 | | this Section in excess of the total fiscal year 1991 Road Fund |
15 | | appropriations to the Secretary of State for those purposes, |
16 | | plus $9,800,000. It shall not be lawful to circumvent this |
17 | | limitation on appropriations by governmental reorganization or |
18 | | other method. |
19 | | Beginning with fiscal year 1995 and thereafter, no Road |
20 | | Fund monies shall be appropriated to the Secretary of State |
21 | | for the purposes of this Section in excess of the total fiscal |
22 | | year 1994 Road Fund appropriations to the Secretary of State |
23 | | for those purposes. It shall not be lawful to circumvent this |
24 | | limitation on appropriations by governmental reorganization or |
25 | | other methods. |
26 | | Beginning with fiscal year 2000, total Road Fund |
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1 | | appropriations to the Secretary of State for the purposes of |
2 | | this Section shall not exceed the amounts specified for the |
3 | | following fiscal years: |
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4 | | Fiscal Year 2000 | $80,500,000; | |
5 | | Fiscal Year 2001 | $80,500,000; | |
6 | | Fiscal Year 2002 | $80,500,000; | |
7 | | Fiscal Year 2003 | $130,500,000; | |
8 | | Fiscal Year 2004 | $130,500,000; | |
9 | | Fiscal Year 2005 | $130,500,000; | |
10 | | Fiscal Year 2006 | $130,500,000; | |
11 | | Fiscal Year 2007 | $130,500,000; | |
12 | | Fiscal Year 2008 | $130,500,000; | |
13 | | Fiscal Year 2009 | $130,500,000. |
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14 | | For fiscal year 2010, no road fund moneys shall be |
15 | | appropriated to the Secretary of State. |
16 | | Beginning in fiscal year 2011, moneys in the Road Fund |
17 | | shall be appropriated to the Secretary of State for the |
18 | | exclusive purpose of paying refunds due to overpayment of fees |
19 | | related to Chapter 3 of the Illinois Vehicle Code unless |
20 | | otherwise provided for by law. |
21 | | Beginning in fiscal year 2025, moneys in the Road Fund may |
22 | | be appropriated to the Environmental Protection Agency for the |
23 | | exclusive purpose of making deposits into the Electric Vehicle |
24 | | Rebate Fund, subject to appropriation, to be used for purposes |
25 | | consistent with Section 11 of Article IX of the Illinois |
26 | | Constitution. |
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1 | | It shall not be lawful to circumvent this limitation on |
2 | | appropriations by governmental reorganization or other |
3 | | methods. |
4 | | No new program may be initiated in fiscal year 1991 and |
5 | | thereafter that is not consistent with the limitations imposed |
6 | | by this Section for fiscal year 1984 and thereafter, insofar |
7 | | as appropriation of Road Fund monies is concerned. |
8 | | Nothing in this Section prohibits transfers from the Road |
9 | | Fund to the State Construction Account Fund under Section 5e |
10 | | of this Act; nor to the General Revenue Fund, as authorized by |
11 | | Public Act 93-25. |
12 | | The additional amounts authorized for expenditure in this |
13 | | Section by Public Acts 92-0600, 93-0025, 93-0839, and 94-91 |
14 | | shall be repaid to the Road Fund from the General Revenue Fund |
15 | | in the next succeeding fiscal year that the General Revenue |
16 | | Fund has a positive budgetary balance, as determined by |
17 | | generally accepted accounting principles applicable to |
18 | | government. |
19 | | The additional amounts authorized for expenditure by the |
20 | | Secretary of State and the Department of State Police in this |
21 | | Section by Public Act 94-91 shall be repaid to the Road Fund |
22 | | from the General Revenue Fund in the next succeeding fiscal |
23 | | year that the General Revenue Fund has a positive budgetary |
24 | | balance, as determined by generally accepted accounting |
25 | | principles applicable to government. |
26 | | (Source: P.A. 102-16, eff. 6-17-21; 102-538, eff. 8-20-21; |
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1 | | 102-699, eff. 4-19-22; 102-813, eff. 5-13-22; 103-8, eff. |
2 | | 6-7-23; 103-34, eff. 1-1-24; revised 12-12-23.) |
3 | | (30 ILCS 105/8.12) (from Ch. 127, par. 144.12) |
4 | | Sec. 8.12. State Pensions Fund. |
5 | | (a) The moneys in the State Pensions Fund shall be used |
6 | | exclusively for the administration of the Revised Uniform |
7 | | Unclaimed Property Act and for the expenses incurred by the |
8 | | Auditor General for administering the provisions of Section |
9 | | 2-8.1 of the Illinois State Auditing Act and for operational |
10 | | expenses of the Office of the State Treasurer and for the |
11 | | funding of the unfunded liabilities of the designated |
12 | | retirement systems. For the purposes of this Section, |
13 | | "operational expenses of the Office of the State Treasurer" |
14 | | includes the acquisition of land and buildings in State fiscal |
15 | | years 2019 and 2020 for use by the Office of the State |
16 | | Treasurer, as well as construction, reconstruction, |
17 | | improvement, repair, and maintenance, in accordance with the |
18 | | provisions of laws relating thereto, of such lands and |
19 | | buildings beginning in State fiscal year 2019 and thereafter. |
20 | | Beginning in State fiscal year 2026 2025 , payments to the |
21 | | designated retirement systems under this Section shall be in |
22 | | addition to, and not in lieu of, any State contributions |
23 | | required under the Illinois Pension Code. |
24 | | "Designated retirement systems" means: |
25 | | (1) the State Employees' Retirement System of |
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1 | | Illinois; |
2 | | (2) the Teachers' Retirement System of the State of |
3 | | Illinois; |
4 | | (3) the State Universities Retirement System; |
5 | | (4) the Judges Retirement System of Illinois; and |
6 | | (5) the General Assembly Retirement System. |
7 | | (b) Each year the General Assembly may make appropriations |
8 | | from the State Pensions Fund for the administration of the |
9 | | Revised Uniform Unclaimed Property Act. |
10 | | (c) (Blank). |
11 | | (c-5) For fiscal years 2006 through 2025 2024 , the General |
12 | | Assembly shall appropriate from the State Pensions Fund to the |
13 | | State Universities Retirement System the amount estimated to |
14 | | be available during the fiscal year in the State Pensions |
15 | | Fund; provided, however, that the amounts appropriated under |
16 | | this subsection (c-5) shall not reduce the amount in the State |
17 | | Pensions Fund below $5,000,000. |
18 | | (c-6) For fiscal year 2026 2025 and each fiscal year |
19 | | thereafter, as soon as may be practical after any money is |
20 | | deposited into the State Pensions Fund from the Unclaimed |
21 | | Property Trust Fund, the State Treasurer shall apportion the |
22 | | deposited amount among the designated retirement systems as |
23 | | defined in subsection (a) to reduce their actuarial reserve |
24 | | deficiencies. The State Comptroller and State Treasurer shall |
25 | | pay the apportioned amounts to the designated retirement |
26 | | systems to fund the unfunded liabilities of the designated |
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1 | | retirement systems. The amount apportioned to each designated |
2 | | retirement system shall constitute a portion of the amount |
3 | | estimated to be available for appropriation from the State |
4 | | Pensions Fund that is the same as that retirement system's |
5 | | portion of the total actual reserve deficiency of the systems, |
6 | | as determined annually by the Governor's Office of Management |
7 | | and Budget at the request of the State Treasurer. The amounts |
8 | | apportioned under this subsection shall not reduce the amount |
9 | | in the State Pensions Fund below $5,000,000. |
10 | | (d) The Governor's Office of Management and Budget shall |
11 | | determine the individual and total reserve deficiencies of the |
12 | | designated retirement systems. For this purpose, the |
13 | | Governor's Office of Management and Budget shall utilize the |
14 | | latest available audit and actuarial reports of each of the |
15 | | retirement systems and the relevant reports and statistics of |
16 | | the Public Employee Pension Fund Division of the Department of |
17 | | Insurance. |
18 | | (d-1) (Blank). |
19 | | (e) The changes to this Section made by Public Act 88-593 |
20 | | shall first apply to distributions from the Fund for State |
21 | | fiscal year 1996. |
22 | | (Source: P.A. 102-16, eff. 6-17-21; 102-699, eff. 4-19-22; |
23 | | 103-8, eff. 6-7-23.) |
24 | | (30 ILCS 105/8g-1) |
25 | | Sec. 8g-1. Fund transfers. |
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1 | | (a) (Blank). |
2 | | (b) (Blank). |
3 | | (c) (Blank). |
4 | | (d) (Blank). |
5 | | (e) (Blank). |
6 | | (f) (Blank). |
7 | | (g) (Blank). |
8 | | (h) (Blank). |
9 | | (i) (Blank). |
10 | | (j) (Blank). |
11 | | (k) (Blank). |
12 | | (l) (Blank). |
13 | | (m) (Blank). |
14 | | (n) (Blank). |
15 | | (o) (Blank). |
16 | | (p) (Blank). |
17 | | (q) (Blank). |
18 | | (r) (Blank). |
19 | | (s) (Blank). |
20 | | (t) (Blank). |
21 | | (u) (Blank). In addition to any other transfers that may |
22 | | be provided for by law, on July 1, 2021, or as soon thereafter |
23 | | as practical, only as directed by the Director of the |
24 | | Governor's Office of Management and Budget, the State |
25 | | Comptroller shall direct and the State Treasurer shall |
26 | | transfer the sum of $5,000,000 from the General Revenue Fund |
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1 | | to the DoIT Special Projects Fund, and on June 1, 2022, or as |
2 | | soon thereafter as practical, but no later than June 30, 2022, |
3 | | the State Comptroller shall direct and the State Treasurer |
4 | | shall transfer the sum so transferred from the DoIT Special |
5 | | Projects Fund to the General Revenue Fund. |
6 | | (v) (Blank). In addition to any other transfers that may |
7 | | be provided for by law, on July 1, 2021, or as soon thereafter |
8 | | as practical, the State Comptroller shall direct and the State |
9 | | Treasurer shall transfer the sum of $500,000 from the General |
10 | | Revenue Fund to the Governor's Administrative Fund. |
11 | | (w) (Blank). In addition to any other transfers that may |
12 | | be provided for by law, on July 1, 2021, or as soon thereafter |
13 | | as practical, the State Comptroller shall direct and the State |
14 | | Treasurer shall transfer the sum of $500,000 from the General |
15 | | Revenue Fund to the Grant Accountability and Transparency |
16 | | Fund. |
17 | | (x) (Blank). In addition to any other transfers that may |
18 | | be provided for by law, at a time or times during Fiscal Year |
19 | | 2022 as directed by the Governor, the State Comptroller shall |
20 | | direct and the State Treasurer shall transfer up to a total of |
21 | | $20,000,000 from the General Revenue Fund to the Illinois |
22 | | Sports Facilities Fund to be credited to the Advance Account |
23 | | within the Fund. |
24 | | (y) (Blank). In addition to any other transfers that may |
25 | | be provided for by law, on June 15, 2021, or as soon thereafter |
26 | | as practical, but no later than June 30, 2021, the State |
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1 | | Comptroller shall direct and the State Treasurer shall |
2 | | transfer the sum of $100,000,000 from the General Revenue Fund |
3 | | to the Technology Management Revolving Fund. |
4 | | (z) (Blank). In addition to any other transfers that may |
5 | | be provided for by law, on April 19, 2022 (the effective date |
6 | | of Public Act 102-699), or as soon thereafter as practical, |
7 | | but no later than June 30, 2022, the State Comptroller shall |
8 | | direct and the State Treasurer shall transfer the sum of |
9 | | $148,000,000 from the General Revenue Fund to the Build |
10 | | Illinois Bond Fund. |
11 | | (aa) (Blank). In addition to any other transfers that may |
12 | | be provided for by law, on April 19, 2022 (the effective date |
13 | | of Public Act 102-699), or as soon thereafter as practical, |
14 | | but no later than June 30, 2022, the State Comptroller shall |
15 | | direct and the State Treasurer shall transfer the sum of |
16 | | $180,000,000 from the General Revenue Fund to the Rebuild |
17 | | Illinois Projects Fund. |
18 | | (bb) (Blank). In addition to any other transfers that may |
19 | | be provided for by law, on July 1, 2022, or as soon thereafter |
20 | | as practical, the State Comptroller shall direct and the State |
21 | | Treasurer shall transfer the sum of $500,000 from the General |
22 | | Revenue Fund to the Governor's Administrative Fund. |
23 | | (cc) (Blank). In addition to any other transfers that may |
24 | | be provided for by law, on July 1, 2022, or as soon thereafter |
25 | | as practical, the State Comptroller shall direct and the State |
26 | | Treasurer shall transfer the sum of $500,000 from the General |
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1 | | Revenue Fund to the Grant Accountability and Transparency |
2 | | Fund. |
3 | | (dd) (Blank). In addition to any other transfers that may |
4 | | be provided by law, on April 19, 2022 (the effective date of |
5 | | Public Act 102-700), or as soon thereafter as practical, but |
6 | | no later than June 30, 2022, the State Comptroller shall |
7 | | direct and the State Treasurer shall transfer the sum of |
8 | | $685,000,000 from the General Revenue Fund to the Income Tax |
9 | | Refund Fund. Moneys from this transfer shall be used for the |
10 | | purpose of making the one-time rebate payments provided under |
11 | | Section 212.1 of the Illinois Income Tax Act. |
12 | | (ee) (Blank). In addition to any other transfers that may |
13 | | be provided by law, beginning on April 19, 2022 (the effective |
14 | | date of Public Act 102-700) and until December 31, 2023, at the |
15 | | direction of the Department of Revenue, the State Comptroller |
16 | | shall direct and the State Treasurer shall transfer from the |
17 | | General Revenue Fund to the Income Tax Refund Fund any amounts |
18 | | needed beyond the amounts transferred in subsection (dd) to |
19 | | make payments of the one-time rebate payments provided under |
20 | | Section 212.1 of the Illinois Income Tax Act. |
21 | | (ff) (Blank). In addition to any other transfers that may |
22 | | be provided for by law, on April 19, 2022 (the effective date |
23 | | of Public Act 102-700), or as soon thereafter as practical, |
24 | | but no later than June 30, 2022, the State Comptroller shall |
25 | | direct and the State Treasurer shall transfer the sum of |
26 | | $720,000,000 from the General Revenue Fund to the Budget |
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1 | | Stabilization Fund. |
2 | | (gg) (Blank). In addition to any other transfers that may |
3 | | be provided for by law, on July 1, 2022, or as soon thereafter |
4 | | as practical, the State Comptroller shall direct and the State |
5 | | Treasurer shall transfer the sum of $280,000,000 from the |
6 | | General Revenue Fund to the Budget Stabilization Fund. |
7 | | (hh) (Blank). In addition to any other transfers that may |
8 | | be provided for by law, on July 1, 2022, or as soon thereafter |
9 | | as practical, the State Comptroller shall direct and the State |
10 | | Treasurer shall transfer the sum of $200,000,000 from the |
11 | | General Revenue Fund to the Pension Stabilization Fund. |
12 | | (ii) (Blank). In addition to any other transfers that may |
13 | | be provided for by law, on January 1, 2023, or as soon |
14 | | thereafter as practical, the State Comptroller shall direct |
15 | | and the State Treasurer shall transfer the sum of $850,000,000 |
16 | | from the General Revenue Fund to the Budget Stabilization |
17 | | Fund. |
18 | | (jj) (Blank). In addition to any other transfers that may |
19 | | be provided for by law, at a time or times during Fiscal Year |
20 | | 2023 as directed by the Governor, the State Comptroller shall |
21 | | direct and the State Treasurer shall transfer up to a total of |
22 | | $400,000,000 from the General Revenue Fund to the Large |
23 | | Business Attraction Fund. |
24 | | (kk) (Blank). In addition to any other transfers that may |
25 | | be provided for by law, on January 1, 2023, or as soon |
26 | | thereafter as practical, the State Comptroller shall direct |
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1 | | and the State Treasurer shall transfer the sum of $72,000,000 |
2 | | from the General Revenue Fund to the Disaster Response and |
3 | | Recovery Fund. |
4 | | (ll) (Blank). In addition to any other transfers that may |
5 | | be provided for by law, on the effective date of the changes |
6 | | made to this Section by this amendatory Act of the 103rd |
7 | | General Assembly, or as soon thereafter as practical, but no |
8 | | later than June 30, 2023, the State Comptroller shall direct |
9 | | and the State Treasurer shall transfer the sum of $200,000,000 |
10 | | from the General Revenue Fund to the Pension Stabilization |
11 | | Fund. |
12 | | (mm) In addition to any other transfers that may be |
13 | | provided for by law, beginning on the effective date of the |
14 | | changes made to this Section by this amendatory Act of the |
15 | | 103rd General Assembly and until June 30, 2024, as directed by |
16 | | the Governor, the State Comptroller shall direct and the State |
17 | | Treasurer shall transfer up to a total of $1,500,000,000 from |
18 | | the General Revenue Fund to the State Coronavirus Urgent |
19 | | Remediation Emergency Fund. |
20 | | (nn) In addition to any other transfers that may be |
21 | | provided for by law, beginning on the effective date of the |
22 | | changes made to this Section by this amendatory Act of the |
23 | | 103rd General Assembly and until June 30, 2024, as directed by |
24 | | the Governor, the State Comptroller shall direct and the State |
25 | | Treasurer shall transfer up to a total of $424,000,000 from |
26 | | the General Revenue Fund to the Build Illinois Bond Fund. |
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1 | | (oo) In addition to any other transfers that may be |
2 | | provided for by law, on July 1, 2023, or as soon thereafter as |
3 | | practical, the State Comptroller shall direct and the State |
4 | | Treasurer shall transfer the sum of $500,000 from the General |
5 | | Revenue Fund to the Governor's Administrative Fund. |
6 | | (pp) In addition to any other transfers that may be |
7 | | provided for by law, on July 1, 2023, or as soon thereafter as |
8 | | practical, the State Comptroller shall direct and the State |
9 | | Treasurer shall transfer the sum of $500,000 from the General |
10 | | Revenue Fund to the Grant Accountability and Transparency |
11 | | Fund. |
12 | | (qq) In addition to any other transfers that may be |
13 | | provided for by law, beginning on the effective date of the |
14 | | changes made to this Section by this amendatory Act of the |
15 | | 103rd General Assembly and until June 30, 2024, as directed by |
16 | | the Governor, the State Comptroller shall direct and the State |
17 | | Treasurer shall transfer up to a total of $350,000,000 from |
18 | | the General Revenue Fund to the Fund for Illinois' Future. |
19 | | (rr) In addition to any other transfers that may be |
20 | | provided for by law, on July 1, 2024, or as soon thereafter as |
21 | | practical, the State Comptroller shall direct and the State |
22 | | Treasurer shall transfer the sum of $500,000 from the General |
23 | | Revenue Fund to the Governor's Administrative Fund. |
24 | | (ss) In addition to any other transfers that may be |
25 | | provided for by law, on July 1, 2024, or as soon thereafter as |
26 | | practical, the State Comptroller shall direct and the State |
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1 | | Treasurer shall transfer the sum of $500,000 from the General |
2 | | Revenue Fund to the Grant Accountability and Transparency |
3 | | Fund. |
4 | | (tt) In addition to any other transfers that may be |
5 | | provided for by law, on July 1, 2024, or as soon thereafter as |
6 | | practical, the State Comptroller shall direct and the State |
7 | | Treasurer shall transfer the sum of $25,000,000 from the |
8 | | Violent Crime Witness Protection Program Fund to the General |
9 | | Revenue Fund. |
10 | | (Source: P.A. 102-16, eff. 6-17-21; 102-699, eff. 4-19-22; |
11 | | 102-700, Article 40, Section 40-5, eff. 4-19-22; 102-700, |
12 | | Article 80, Section 80-5, eff. 4-19-22; 102-1115, eff. 1-9-23; |
13 | | 103-8, eff. 6-7-23.) |
14 | | (30 ILCS 105/12-2) (from Ch. 127, par. 148-2) |
15 | | Sec. 12-2. Travel Regulation Council; State travel |
16 | | reimbursement. |
17 | | (a) The chairmen of the travel control boards established |
18 | | by Section 12-1, or their designees, shall together comprise |
19 | | the Travel Regulation Council. The Travel Regulation Council |
20 | | shall be chaired by the Director of Central Management |
21 | | Services, who shall be a nonvoting member of the Council, |
22 | | unless he is otherwise qualified to vote by virtue of being the |
23 | | designee of a voting member. No later than March 1, 1986, and |
24 | | at least biennially thereafter, the Council shall adopt State |
25 | | Travel Regulations and Reimbursement Rates which shall be |
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1 | | applicable to all personnel subject to the jurisdiction of the |
2 | | travel control boards established by Section 12-1. An |
3 | | affirmative vote of a majority of the members of the Council |
4 | | shall be required to adopt regulations and reimbursement |
5 | | rates. If the Council fails to adopt regulations by March 1 of |
6 | | any odd-numbered year, the Director of Central Management |
7 | | Services shall adopt emergency regulations and reimbursement |
8 | | rates pursuant to the Illinois Administrative Procedure Act. |
9 | | As soon as practicable after January 23, 2023 ( the effective |
10 | | date of Public Act 102-1119) this amendatory Act of the 102nd |
11 | | General Assembly , the Travel Regulation Council and the Higher |
12 | | Education Travel Control Board shall adopt amendments to their |
13 | | existing rules to ensure that reimbursement rates for public |
14 | | institutions of higher education, as defined in Section 1-13 |
15 | | of the Illinois Procurement Code, are set in accordance with |
16 | | the requirements of subsection (f) of this Section. |
17 | | (b) (Blank). |
18 | | (c) (Blank). |
19 | | (d) Reimbursements to travelers shall be made pursuant to |
20 | | the rates and regulations applicable to the respective State |
21 | | agency as of January 1, 1986 ( the effective date of Public Act |
22 | | 84-345) this amendatory Act , until the State Travel |
23 | | Regulations and Reimbursement Rates established by this |
24 | | Section are adopted and effective. |
25 | | (e) (Blank). |
26 | | (f) (f) Notwithstanding any rule or law to the contrary, |
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1 | | State travel reimbursement rates for lodging and mileage for |
2 | | automobile travel, as well as allowances for meals, shall be |
3 | | set at the maximum rates established by the federal government |
4 | | for travel expenses, subsistence expenses, and mileage |
5 | | allowances under 5 U.S.C. 5701 through 5711 and any |
6 | | regulations promulgated thereunder. If the rates set under |
7 | | federal regulations increase or decrease during the course of |
8 | | the State's fiscal year, the effective date of the new rate |
9 | | shall be the effective date of the change in the federal rate. |
10 | | (g) Notwithstanding any other provision of this Section, |
11 | | the Council may provide, by rule, for alternative methods of |
12 | | determining the appropriate reimbursement rate for a |
13 | | traveler's subsistence expenses based upon the length of |
14 | | travel, as well as the embarkation point and destination. |
15 | | (Source: P.A. 102-1119, eff. 1-23-23; 103-8, eff. 1-1-24; |
16 | | revised 1-2-24.) |
17 | | (30 ILCS 105/13.2) (from Ch. 127, par. 149.2) |
18 | | Sec. 13.2. Transfers among line item appropriations. |
19 | | (a) Transfers among line item appropriations from the same |
20 | | treasury fund for the objects specified in this Section may be |
21 | | made in the manner provided in this Section when the balance |
22 | | remaining in one or more such line item appropriations is |
23 | | insufficient for the purpose for which the appropriation was |
24 | | made. |
25 | | (a-1) No transfers may be made from one agency to another |
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1 | | agency, nor may transfers be made from one institution of |
2 | | higher education to another institution of higher education |
3 | | except as provided by subsection (a-4). |
4 | | (a-2) Except as otherwise provided in this Section, |
5 | | transfers may be made only among the objects of expenditure |
6 | | enumerated in this Section, except that no funds may be |
7 | | transferred from any appropriation for personal services, from |
8 | | any appropriation for State contributions to the State |
9 | | Employees' Retirement System, from any separate appropriation |
10 | | for employee retirement contributions paid by the employer, |
11 | | nor from any appropriation for State contribution for employee |
12 | | group insurance. |
13 | | (a-2.5) (Blank). |
14 | | (a-3) Further, if an agency receives a separate |
15 | | appropriation for employee retirement contributions paid by |
16 | | the employer, any transfer by that agency into an |
17 | | appropriation for personal services must be accompanied by a |
18 | | corresponding transfer into the appropriation for employee |
19 | | retirement contributions paid by the employer, in an amount |
20 | | sufficient to meet the employer share of the employee |
21 | | contributions required to be remitted to the retirement |
22 | | system. |
23 | | (a-4) Long-Term Care Rebalancing. The Governor may |
24 | | designate amounts set aside for institutional services |
25 | | appropriated from the General Revenue Fund or any other State |
26 | | fund that receives monies for long-term care services to be |
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1 | | transferred to all State agencies responsible for the |
2 | | administration of community-based long-term care programs, |
3 | | including, but not limited to, community-based long-term care |
4 | | programs administered by the Department of Healthcare and |
5 | | Family Services, the Department of Human Services, and the |
6 | | Department on Aging, provided that the Director of Healthcare |
7 | | and Family Services first certifies that the amounts being |
8 | | transferred are necessary for the purpose of assisting persons |
9 | | in or at risk of being in institutional care to transition to |
10 | | community-based settings, including the financial data needed |
11 | | to prove the need for the transfer of funds. The total amounts |
12 | | transferred shall not exceed 4% in total of the amounts |
13 | | appropriated from the General Revenue Fund or any other State |
14 | | fund that receives monies for long-term care services for each |
15 | | fiscal year. A notice of the fund transfer must be made to the |
16 | | General Assembly and posted at a minimum on the Department of |
17 | | Healthcare and Family Services website, the Governor's Office |
18 | | of Management and Budget website, and any other website the |
19 | | Governor sees fit. These postings shall serve as notice to the |
20 | | General Assembly of the amounts to be transferred. Notice |
21 | | shall be given at least 30 days prior to transfer. |
22 | | (b) In addition to the general transfer authority provided |
23 | | under subsection (c), the following agencies have the specific |
24 | | transfer authority granted in this subsection: |
25 | | The Department of Healthcare and Family Services is |
26 | | authorized to make transfers representing savings attributable |
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1 | | to not increasing grants due to the births of additional |
2 | | children from line items for payments of cash grants to line |
3 | | items for payments for employment and social services for the |
4 | | purposes outlined in subsection (f) of Section 4-2 of the |
5 | | Illinois Public Aid Code. |
6 | | The Department of Children and Family Services is |
7 | | authorized to make transfers not exceeding 2% of the aggregate |
8 | | amount appropriated to it within the same treasury fund for |
9 | | the following line items among these same line items: Foster |
10 | | Home and Specialized Foster Care and Prevention, Institutions |
11 | | and Group Homes and Prevention, and Purchase of Adoption and |
12 | | Guardianship Services. |
13 | | The Department on Aging is authorized to make transfers |
14 | | not exceeding 10% of the aggregate amount appropriated to it |
15 | | within the same treasury fund for the following Community Care |
16 | | Program line items among these same line items: purchase of |
17 | | services covered by the Community Care Program and |
18 | | Comprehensive Case Coordination. |
19 | | The State Board of Education is authorized to make |
20 | | transfers from line item appropriations within the same |
21 | | treasury fund for General State Aid, General State Aid - Hold |
22 | | Harmless, and Evidence-Based Funding, provided that no such |
23 | | transfer may be made unless the amount transferred is no |
24 | | longer required for the purpose for which that appropriation |
25 | | was made, to the line item appropriation for Transitional |
26 | | Assistance when the balance remaining in such line item |
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1 | | appropriation is insufficient for the purpose for which the |
2 | | appropriation was made. |
3 | | The State Board of Education is authorized to make |
4 | | transfers between the following line item appropriations |
5 | | within the same treasury fund: Disabled Student |
6 | | Services/Materials (Section 14-13.01 of the School Code), |
7 | | Disabled Student Transportation Reimbursement (Section |
8 | | 14-13.01 of the School Code), Disabled Student Tuition - |
9 | | Private Tuition (Section 14-7.02 of the School Code), |
10 | | Extraordinary Special Education (Section 14-7.02b of the |
11 | | School Code), Reimbursement for Free Lunch/Breakfast Program, |
12 | | Summer School Payments (Section 18-4.3 of the School Code), |
13 | | and Transportation - Regular/Vocational Reimbursement (Section |
14 | | 29-5 of the School Code). Such transfers shall be made only |
15 | | when the balance remaining in one or more such line item |
16 | | appropriations is insufficient for the purpose for which the |
17 | | appropriation was made and provided that no such transfer may |
18 | | be made unless the amount transferred is no longer required |
19 | | for the purpose for which that appropriation was made. |
20 | | The Department of Healthcare and Family Services is |
21 | | authorized to make transfers not exceeding 4% of the aggregate |
22 | | amount appropriated to it, within the same treasury fund, |
23 | | among the various line items appropriated for Medical |
24 | | Assistance. |
25 | | The Department of Central Management Services is |
26 | | authorized to make transfers not exceeding 2% of the aggregate |
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1 | | amount appropriated to it, within the same treasury fund, from |
2 | | the various line items appropriated to the Department, into |
3 | | the following line item appropriations: auto liability claims |
4 | | and related expenses and payment of claims under the State |
5 | | Employee Indemnification Act. |
6 | | (c) The sum of such transfers for an agency in a fiscal |
7 | | year shall not exceed 2% of the aggregate amount appropriated |
8 | | to it within the same treasury fund for the following objects: |
9 | | Personal Services; Extra Help; Student and Inmate |
10 | | Compensation; State Contributions to Retirement Systems; State |
11 | | Contributions to Social Security; State Contribution for |
12 | | Employee Group Insurance; Contractual Services; Travel; |
13 | | Commodities; Printing; Equipment; Electronic Data Processing; |
14 | | Operation of Automotive Equipment; Telecommunications |
15 | | Services; Travel and Allowance for Committed, Paroled and |
16 | | Discharged Prisoners; Library Books; Federal Matching Grants |
17 | | for Student Loans; Refunds; Workers' Compensation, |
18 | | Occupational Disease, and Tort Claims; Late Interest Penalties |
19 | | under the State Prompt Payment Act and Sections 368a and 370a |
20 | | of the Illinois Insurance Code; and, in appropriations to |
21 | | institutions of higher education, Awards and Grants. |
22 | | Notwithstanding the above, any amounts appropriated for |
23 | | payment of workers' compensation claims to an agency to which |
24 | | the authority to evaluate, administer and pay such claims has |
25 | | been delegated by the Department of Central Management |
26 | | Services may be transferred to any other expenditure object |
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1 | | where such amounts exceed the amount necessary for the payment |
2 | | of such claims. |
3 | | (c-1) (Blank). |
4 | | (c-2) (Blank). |
5 | | (c-3) (Blank). |
6 | | (c-4) (Blank). |
7 | | (c-5) (Blank). |
8 | | (c-6) (Blank). |
9 | | (c-7) (Blank). |
10 | | (c-8) (Blank). |
11 | | (c-9) (Blank). Special provisions for State fiscal year |
12 | | 2023. Notwithstanding any other provision of this Section, for |
13 | | State fiscal year 2023, transfers among line item |
14 | | appropriations to a State agency from the same State treasury |
15 | | fund may be made for operational or lump sum expenses only, |
16 | | provided that the sum of such transfers for a State agency in |
17 | | State fiscal year 2023 shall not exceed 4% of the aggregate |
18 | | amount appropriated to that State agency for operational or |
19 | | lump sum expenses for State fiscal year 2023. For the purpose |
20 | | of this subsection, "operational or lump sum expenses" |
21 | | includes the following objects: personal services; extra help; |
22 | | student and inmate compensation; State contributions to |
23 | | retirement systems; State contributions to social security; |
24 | | State contributions for employee group insurance; contractual |
25 | | services; travel; commodities; printing; equipment; electronic |
26 | | data processing; operation of automotive equipment; |
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1 | | telecommunications services; travel and allowance for |
2 | | committed, paroled, and discharged prisoners; library books; |
3 | | federal matching grants for student loans; refunds; workers' |
4 | | compensation, occupational disease, and tort claims; late |
5 | | interest penalties under the State Prompt Payment Act and |
6 | | Sections 368a and 370a of the Illinois Insurance Code; lump |
7 | | sum and other purposes; and lump sum operations. For the |
8 | | purpose of this subsection, "State agency" does not include |
9 | | the Attorney General, the Secretary of State, the Comptroller, |
10 | | the Treasurer, or the judicial or legislative branches. |
11 | | (c-10) Special provisions for State fiscal year 2024. |
12 | | Notwithstanding any other provision of this Section, for State |
13 | | fiscal year 2024, transfers among line item appropriations to |
14 | | a State agency from the same State treasury fund may be made |
15 | | for operational or lump sum expenses only, provided that the |
16 | | sum of such transfers for a State agency in State fiscal year |
17 | | 2024 shall not exceed 8% of the aggregate amount appropriated |
18 | | to that State agency for operational or lump sum expenses for |
19 | | State fiscal year 2024. For the purpose of this subsection, |
20 | | "operational or lump sum expenses" includes the following |
21 | | objects: personal services; extra help; student and inmate |
22 | | compensation; State contributions to retirement systems; State |
23 | | contributions to social security; State contributions for |
24 | | employee group insurance; contractual services; travel; |
25 | | commodities; printing; equipment; electronic data processing; |
26 | | operation of automotive equipment; telecommunications |
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1 | | services; travel and allowance for committed, paroled, and |
2 | | discharged prisoners; library books; federal matching grants |
3 | | for student loans; refunds; workers' compensation, |
4 | | occupational disease, and tort claims; late interest penalties |
5 | | under the State Prompt Payment Act and Sections 368a and 370a |
6 | | of the Illinois Insurance Code; lump sum and other purposes; |
7 | | and lump sum operations. For the purpose of this subsection, |
8 | | "State agency" does not include the Attorney General, the |
9 | | Secretary of State, the Comptroller, the Treasurer, or the |
10 | | judicial or legislative branches. |
11 | | (c-11) Special provisions for State fiscal year 2025. |
12 | | Notwithstanding any other provision of this Section, for State |
13 | | fiscal year 2025, transfers among line item appropriations to |
14 | | a State agency from the same State treasury fund may be made |
15 | | for operational or lump sum expenses only, provided that the |
16 | | sum of such transfers for a State agency in State fiscal year |
17 | | 2025 shall not exceed 4% of the aggregate amount appropriated |
18 | | to that State agency for operational or lump sum expenses for |
19 | | State fiscal year 2025. For the purpose of this subsection, |
20 | | "operational or lump sum expenses" includes the following |
21 | | objects: personal services; extra help; student and inmate |
22 | | compensation; State contributions to retirement systems; State |
23 | | contributions to social security; State contributions for |
24 | | employee group insurance; contractual services; travel; |
25 | | commodities; printing; equipment; electronic data processing; |
26 | | operation of automotive equipment; telecommunications |
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1 | | services; travel and allowance for committed, paroled, and |
2 | | discharged prisoners; library books; federal matching grants |
3 | | for student loans; refunds; workers' compensation, |
4 | | occupational disease, and tort claims; late interest penalties |
5 | | under the State Prompt Payment Act and Sections 368a and 370a |
6 | | of the Illinois Insurance Code; lump sum and other purposes; |
7 | | and lump sum operations. For the purpose of this subsection, |
8 | | "State agency" does not include the Attorney General, the |
9 | | Comptroller, the Treasurer, or the judicial or legislative |
10 | | branches. |
11 | | (d) Transfers among appropriations made to agencies of the |
12 | | Legislative and Judicial departments and to the |
13 | | constitutionally elected officers in the Executive branch |
14 | | require the approval of the officer authorized in Section 10 |
15 | | of this Act to approve and certify vouchers. Transfers among |
16 | | appropriations made to the University of Illinois, Southern |
17 | | Illinois University, Chicago State University, Eastern |
18 | | Illinois University, Governors State University, Illinois |
19 | | State University, Northeastern Illinois University, Northern |
20 | | Illinois University, Western Illinois University, the Illinois |
21 | | Mathematics and Science Academy and the Board of Higher |
22 | | Education require the approval of the Board of Higher |
23 | | Education and the Governor. Transfers among appropriations to |
24 | | all other agencies require the approval of the Governor. |
25 | | The officer responsible for approval shall certify that |
26 | | the transfer is necessary to carry out the programs and |
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1 | | purposes for which the appropriations were made by the General |
2 | | Assembly and shall transmit to the State Comptroller a |
3 | | certified copy of the approval which shall set forth the |
4 | | specific amounts transferred so that the Comptroller may |
5 | | change his records accordingly. The Comptroller shall furnish |
6 | | the Governor with information copies of all transfers approved |
7 | | for agencies of the Legislative and Judicial departments and |
8 | | transfers approved by the constitutionally elected officials |
9 | | of the Executive branch other than the Governor, showing the |
10 | | amounts transferred and indicating the dates such changes were |
11 | | entered on the Comptroller's records. |
12 | | (e) The State Board of Education, in consultation with the |
13 | | State Comptroller, may transfer line item appropriations for |
14 | | General State Aid or Evidence-Based Funding among the Common |
15 | | School Fund and the Education Assistance Fund, and, for State |
16 | | fiscal year 2020 and each fiscal year thereafter, the Fund for |
17 | | the Advancement of Education. With the advice and consent of |
18 | | the Governor's Office of Management and Budget, the State |
19 | | Board of Education, in consultation with the State |
20 | | Comptroller, may transfer line item appropriations between the |
21 | | General Revenue Fund and the Education Assistance Fund for the |
22 | | following programs: |
23 | | (1) Disabled Student Personnel Reimbursement (Section |
24 | | 14-13.01 of the School Code); |
25 | | (2) Disabled Student Transportation Reimbursement |
26 | | (subsection (b) of Section 14-13.01 of the School Code); |
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1 | | (3) Disabled Student Tuition - Private Tuition |
2 | | (Section 14-7.02 of the School Code); |
3 | | (4) Extraordinary Special Education (Section 14-7.02b |
4 | | of the School Code); |
5 | | (5) Reimbursement for Free Lunch/Breakfast Programs; |
6 | | (6) Summer School Payments (Section 18-4.3 of the |
7 | | School Code); |
8 | | (7) Transportation - Regular/Vocational Reimbursement |
9 | | (Section 29-5 of the School Code); |
10 | | (8) Regular Education Reimbursement (Section 18-3 of |
11 | | the School Code); and |
12 | | (9) Special Education Reimbursement (Section 14-7.03 |
13 | | of the School Code). |
14 | | (f) For State fiscal year 2020 and each fiscal year |
15 | | thereafter, the Department on Aging, in consultation with the |
16 | | State Comptroller, with the advice and consent of the |
17 | | Governor's Office of Management and Budget, may transfer line |
18 | | item appropriations for purchase of services covered by the |
19 | | Community Care Program between the General Revenue Fund and |
20 | | the Commitment to Human Services Fund. |
21 | | (g) For State fiscal year 2024 and each fiscal year |
22 | | thereafter, if requested by an agency chief executive officer |
23 | | and authorized and approved by the Comptroller, the |
24 | | Comptroller may direct and the Treasurer shall transfer funds |
25 | | from the General Revenue Fund to fund payroll expenses that |
26 | | meet the payroll transaction exception criteria as defined by |
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1 | | the Comptroller in the Statewide Accounting Management System |
2 | | (SAMS) Manual. The agency shall then transfer these funds back |
3 | | to the General Revenue Fund within 7 days. |
4 | | (Source: P.A. 102-16, eff. 6-17-21; 102-699, eff. 4-19-22; |
5 | | 103-8, eff. 6-7-23.) |
6 | | Section 5-35. The State Revenue Sharing Act is amended by |
7 | | changing Section 12 as follows: |
8 | | (30 ILCS 115/12) (from Ch. 85, par. 616) |
9 | | Sec. 12. Personal Property Tax Replacement Fund. There is |
10 | | hereby created the Personal Property Tax Replacement Fund, a |
11 | | special fund in the State Treasury into which shall be paid all |
12 | | revenue realized: |
13 | | (a) all amounts realized from the additional personal |
14 | | property tax replacement income tax imposed by subsections |
15 | | (c) and (d) of Section 201 of the Illinois Income Tax Act, |
16 | | except for those amounts deposited into the Income Tax |
17 | | Refund Fund pursuant to subsection (c) of Section 901 of |
18 | | the Illinois Income Tax Act; and |
19 | | (b) all amounts realized from the additional personal |
20 | | property replacement invested capital taxes imposed by |
21 | | Section 2a.1 of the Messages Tax Act, Section 2a.1 of the |
22 | | Gas Revenue Tax Act, Section 2a.1 of the Public Utilities |
23 | | Revenue Act, and Section 3 of the Water Company Invested |
24 | | Capital Tax Act, and amounts payable to the Department of |
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1 | | Revenue under the Telecommunications Infrastructure |
2 | | Maintenance Fee Act. |
3 | | As soon as may be after the end of each month, the |
4 | | Department of Revenue shall certify to the Treasurer and the |
5 | | Comptroller the amount of all refunds paid out of the General |
6 | | Revenue Fund through the preceding month on account of |
7 | | overpayment of liability on taxes paid into the Personal |
8 | | Property Tax Replacement Fund. Upon receipt of such |
9 | | certification, the Treasurer and the Comptroller shall |
10 | | transfer the amount so certified from the Personal Property |
11 | | Tax Replacement Fund into the General Revenue Fund. |
12 | | The payments of revenue into the Personal Property Tax |
13 | | Replacement Fund shall be used exclusively for distribution to |
14 | | taxing districts, regional offices and officials, and local |
15 | | officials as provided in this Section and in the School Code, |
16 | | payment of the ordinary and contingent expenses of the |
17 | | Property Tax Appeal Board, payment of the expenses of the |
18 | | Department of Revenue incurred in administering the collection |
19 | | and distribution of monies paid into the Personal Property Tax |
20 | | Replacement Fund and transfers due to refunds to taxpayers for |
21 | | overpayment of liability for taxes paid into the Personal |
22 | | Property Tax Replacement Fund. |
23 | | In addition, moneys in the Personal Property Tax |
24 | | Replacement Fund may be used to pay any of the following: (i) |
25 | | salary, stipends, and additional compensation as provided by |
26 | | law for chief election clerks, county clerks, and county |
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1 | | recorders; (ii) costs associated with regional offices of |
2 | | education and educational service centers; (iii) |
3 | | reimbursements payable by the State Board of Elections under |
4 | | Section 4-25, 5-35, 6-71, 13-10, 13-10a, or 13-11 of the |
5 | | Election Code; (iv) expenses of the Illinois Educational Labor |
6 | | Relations Board; and (v) salary, personal services, and |
7 | | additional compensation as provided by law for court reporters |
8 | | under the Court Reporters Act. |
9 | | As soon as may be after June 26, 1980 (the effective date |
10 | | of Public Act 81-1255), the Department of Revenue shall |
11 | | certify to the Treasurer the amount of net replacement revenue |
12 | | paid into the General Revenue Fund prior to that effective |
13 | | date from the additional tax imposed by Section 2a.1 of the |
14 | | Messages Tax Act; Section 2a.1 of the Gas Revenue Tax Act; |
15 | | Section 2a.1 of the Public Utilities Revenue Act; Section 3 of |
16 | | the Water Company Invested Capital Tax Act; amounts collected |
17 | | by the Department of Revenue under the Telecommunications |
18 | | Infrastructure Maintenance Fee Act; and the additional |
19 | | personal property tax replacement income tax imposed by the |
20 | | Illinois Income Tax Act, as amended by Public Act 81-1st |
21 | | Special Session-1. Net replacement revenue shall be defined as |
22 | | the total amount paid into and remaining in the General |
23 | | Revenue Fund as a result of those Acts minus the amount |
24 | | outstanding and obligated from the General Revenue Fund in |
25 | | state vouchers or warrants prior to June 26, 1980 (the |
26 | | effective date of Public Act 81-1255) as refunds to taxpayers |
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1 | | for overpayment of liability under those Acts. |
2 | | All interest earned by monies accumulated in the Personal |
3 | | Property Tax Replacement Fund shall be deposited in such Fund. |
4 | | All amounts allocated pursuant to this Section are |
5 | | appropriated on a continuing basis. |
6 | | Prior to December 31, 1980, as soon as may be after the end |
7 | | of each quarter beginning with the quarter ending December 31, |
8 | | 1979, and on and after December 31, 1980, as soon as may be |
9 | | after January 1, March 1, April 1, May 1, July 1, August 1, |
10 | | October 1 and December 1 of each year, the Department of |
11 | | Revenue shall allocate to each taxing district as defined in |
12 | | Section 1-150 of the Property Tax Code, in accordance with the |
13 | | provisions of paragraph (2) of this Section the portion of the |
14 | | funds held in the Personal Property Tax Replacement Fund which |
15 | | is required to be distributed, as provided in paragraph (1), |
16 | | for each quarter. Provided, however, under no circumstances |
17 | | shall any taxing district during each of the first two years of |
18 | | distribution of the taxes imposed by Public Act 81-1st Special |
19 | | Session-1 be entitled to an annual allocation which is less |
20 | | than the funds such taxing district collected from the 1978 |
21 | | personal property tax. Provided further that under no |
22 | | circumstances shall any taxing district during the third year |
23 | | of distribution of the taxes imposed by Public Act 81-1st |
24 | | Special Session-1 receive less than 60% of the funds such |
25 | | taxing district collected from the 1978 personal property tax. |
26 | | In the event that the total of the allocations made as above |
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1 | | provided for all taxing districts, during either of such 3 |
2 | | years, exceeds the amount available for distribution the |
3 | | allocation of each taxing district shall be proportionately |
4 | | reduced. Except as provided in Section 13 of this Act, the |
5 | | Department shall then certify, pursuant to appropriation, such |
6 | | allocations to the State Comptroller who shall pay over to the |
7 | | several taxing districts the respective amounts allocated to |
8 | | them. |
9 | | Any township which receives an allocation based in whole |
10 | | or in part upon personal property taxes which it levied |
11 | | pursuant to Section 6-507 or 6-512 of the Illinois Highway |
12 | | Code and which was previously required to be paid over to a |
13 | | municipality shall immediately pay over to that municipality a |
14 | | proportionate share of the personal property replacement funds |
15 | | which such township receives. |
16 | | Any municipality or township, other than a municipality |
17 | | with a population in excess of 500,000, which receives an |
18 | | allocation based in whole or in part on personal property |
19 | | taxes which it levied pursuant to Sections 3-1, 3-4 and 3-6 of |
20 | | the Illinois Local Library Act and which was previously |
21 | | required to be paid over to a public library shall immediately |
22 | | pay over to that library a proportionate share of the personal |
23 | | property tax replacement funds which such municipality or |
24 | | township receives; provided that if such a public library has |
25 | | converted to a library organized under the Illinois Public |
26 | | Library District Act, regardless of whether such conversion |
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1 | | has occurred on, after or before January 1, 1988, such |
2 | | proportionate share shall be immediately paid over to the |
3 | | library district which maintains and operates the library. |
4 | | However, any library that has converted prior to January 1, |
5 | | 1988, and which hitherto has not received the personal |
6 | | property tax replacement funds, shall receive such funds |
7 | | commencing on January 1, 1988. |
8 | | Any township which receives an allocation based in whole |
9 | | or in part on personal property taxes which it levied pursuant |
10 | | to Section 1c of the Public Graveyards Act and which taxes were |
11 | | previously required to be paid over to or used for such public |
12 | | cemetery or cemeteries shall immediately pay over to or use |
13 | | for such public cemetery or cemeteries a proportionate share |
14 | | of the personal property tax replacement funds which the |
15 | | township receives. |
16 | | Any taxing district which receives an allocation based in |
17 | | whole or in part upon personal property taxes which it levied |
18 | | for another governmental body or school district in Cook |
19 | | County in 1976 or for another governmental body or school |
20 | | district in the remainder of the State in 1977 shall |
21 | | immediately pay over to that governmental body or school |
22 | | district the amount of personal property replacement funds |
23 | | which such governmental body or school district would receive |
24 | | directly under the provisions of paragraph (2) of this |
25 | | Section, had it levied its own taxes. |
26 | | (1) The portion of the Personal Property Tax |
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1 | | Replacement Fund required to be distributed as of the time |
2 | | allocation is required to be made shall be the amount |
3 | | available in such Fund as of the time allocation is |
4 | | required to be made. |
5 | | The amount available for distribution shall be the |
6 | | total amount in the fund at such time minus the necessary |
7 | | administrative and other authorized expenses as limited by |
8 | | the appropriation and the amount determined by: (a) $2.8 |
9 | | million for fiscal year 1981; (b) for fiscal year 1982, |
10 | | .54% of the funds distributed from the fund during the |
11 | | preceding fiscal year; (c) for fiscal year 1983 through |
12 | | fiscal year 1988, .54% of the funds distributed from the |
13 | | fund during the preceding fiscal year less .02% of such |
14 | | fund for fiscal year 1983 and less .02% of such funds for |
15 | | each fiscal year thereafter; (d) for fiscal year 1989 |
16 | | through fiscal year 2011 no more than 105% of the actual |
17 | | administrative expenses of the prior fiscal year; (e) for |
18 | | fiscal year 2012 and beyond, a sufficient amount to pay |
19 | | (i) stipends, additional compensation, salary |
20 | | reimbursements, and other amounts directed to be paid out |
21 | | of this Fund for local officials as authorized or required |
22 | | by statute and (ii) the ordinary and contingent expenses |
23 | | of the Property Tax Appeal Board and the expenses of the |
24 | | Department of Revenue incurred in administering the |
25 | | collection and distribution of moneys paid into the Fund; |
26 | | (f) for fiscal years 2012 and 2013 only, a sufficient |
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1 | | amount to pay stipends, additional compensation, salary |
2 | | reimbursements, and other amounts directed to be paid out |
3 | | of this Fund for regional offices and officials as |
4 | | authorized or required by statute; or (g) for fiscal years |
5 | | 2018 through 2025 2024 only, a sufficient amount to pay |
6 | | amounts directed to be paid out of this Fund for public |
7 | | community college base operating grants and local health |
8 | | protection grants to certified local health departments as |
9 | | authorized or required by appropriation or statute. Such |
10 | | portion of the fund shall be determined after the transfer |
11 | | into the General Revenue Fund due to refunds, if any, paid |
12 | | from the General Revenue Fund during the preceding |
13 | | quarter. If at any time, for any reason, there is |
14 | | insufficient amount in the Personal Property Tax |
15 | | Replacement Fund for payments for regional offices and |
16 | | officials or local officials or payment of costs of |
17 | | administration or for transfers due to refunds at the end |
18 | | of any particular month, the amount of such insufficiency |
19 | | shall be carried over for the purposes of payments for |
20 | | regional offices and officials, local officials, transfers |
21 | | into the General Revenue Fund, and costs of administration |
22 | | to the following month or months. Net replacement revenue |
23 | | held, and defined above, shall be transferred by the |
24 | | Treasurer and Comptroller to the Personal Property Tax |
25 | | Replacement Fund within 10 days of such certification. |
26 | | (2) Each quarterly allocation shall first be |
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1 | | apportioned in the following manner: 51.65% for taxing |
2 | | districts in Cook County and 48.35% for taxing districts |
3 | | in the remainder of the State. |
4 | | The Personal Property Replacement Ratio of each taxing |
5 | | district outside Cook County shall be the ratio which the Tax |
6 | | Base of that taxing district bears to the Downstate Tax Base. |
7 | | The Tax Base of each taxing district outside of Cook County is |
8 | | the personal property tax collections for that taxing district |
9 | | for the 1977 tax year. The Downstate Tax Base is the personal |
10 | | property tax collections for all taxing districts in the State |
11 | | outside of Cook County for the 1977 tax year. The Department of |
12 | | Revenue shall have authority to review for accuracy and |
13 | | completeness the personal property tax collections for each |
14 | | taxing district outside Cook County for the 1977 tax year. |
15 | | The Personal Property Replacement Ratio of each Cook |
16 | | County taxing district shall be the ratio which the Tax Base of |
17 | | that taxing district bears to the Cook County Tax Base. The Tax |
18 | | Base of each Cook County taxing district is the personal |
19 | | property tax collections for that taxing district for the 1976 |
20 | | tax year. The Cook County Tax Base is the personal property tax |
21 | | collections for all taxing districts in Cook County for the |
22 | | 1976 tax year. The Department of Revenue shall have authority |
23 | | to review for accuracy and completeness the personal property |
24 | | tax collections for each taxing district within Cook County |
25 | | for the 1976 tax year. |
26 | | For all purposes of this Section 12, amounts paid to a |
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1 | | taxing district for such tax years as may be applicable by a |
2 | | foreign corporation under the provisions of Section 7-202 of |
3 | | the Public Utilities Act, as amended, shall be deemed to be |
4 | | personal property taxes collected by such taxing district for |
5 | | such tax years as may be applicable. The Director shall |
6 | | determine from the Illinois Commerce Commission, for any tax |
7 | | year as may be applicable, the amounts so paid by any such |
8 | | foreign corporation to any and all taxing districts. The |
9 | | Illinois Commerce Commission shall furnish such information to |
10 | | the Director. For all purposes of this Section 12, the |
11 | | Director shall deem such amounts to be collected personal |
12 | | property taxes of each such taxing district for the applicable |
13 | | tax year or years. |
14 | | Taxing districts located both in Cook County and in one or |
15 | | more other counties shall receive both a Cook County |
16 | | allocation and a Downstate allocation determined in the same |
17 | | way as all other taxing districts. |
18 | | If any taxing district in existence on July 1, 1979 ceases |
19 | | to exist, or discontinues its operations, its Tax Base shall |
20 | | thereafter be deemed to be zero. If the powers, duties and |
21 | | obligations of the discontinued taxing district are assumed by |
22 | | another taxing district, the Tax Base of the discontinued |
23 | | taxing district shall be added to the Tax Base of the taxing |
24 | | district assuming such powers, duties and obligations. |
25 | | If two or more taxing districts in existence on July 1, |
26 | | 1979, or a successor or successors thereto shall consolidate |
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1 | | into one taxing district, the Tax Base of such consolidated |
2 | | taxing district shall be the sum of the Tax Bases of each of |
3 | | the taxing districts which have consolidated. |
4 | | If a single taxing district in existence on July 1, 1979, |
5 | | or a successor or successors thereto shall be divided into two |
6 | | or more separate taxing districts, the tax base of the taxing |
7 | | district so divided shall be allocated to each of the |
8 | | resulting taxing districts in proportion to the then current |
9 | | equalized assessed value of each resulting taxing district. |
10 | | If a portion of the territory of a taxing district is |
11 | | disconnected and annexed to another taxing district of the |
12 | | same type, the Tax Base of the taxing district from which |
13 | | disconnection was made shall be reduced in proportion to the |
14 | | then current equalized assessed value of the disconnected |
15 | | territory as compared with the then current equalized assessed |
16 | | value within the entire territory of the taxing district prior |
17 | | to disconnection, and the amount of such reduction shall be |
18 | | added to the Tax Base of the taxing district to which |
19 | | annexation is made. |
20 | | If a community college district is created after July 1, |
21 | | 1979, beginning on January 1, 1996 (the effective date of |
22 | | Public Act 89-327), its Tax Base shall be 3.5% of the sum of |
23 | | the personal property tax collected for the 1977 tax year |
24 | | within the territorial jurisdiction of the district. |
25 | | The amounts allocated and paid to taxing districts |
26 | | pursuant to the provisions of Public Act 81-1st Special |
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1 | | Session-1 shall be deemed to be substitute revenues for the |
2 | | revenues derived from taxes imposed on personal property |
3 | | pursuant to the provisions of the "Revenue Act of 1939" or "An |
4 | | Act for the assessment and taxation of private car line |
5 | | companies", approved July 22, 1943, as amended, or Section 414 |
6 | | of the Illinois Insurance Code, prior to the abolition of such |
7 | | taxes and shall be used for the same purposes as the revenues |
8 | | derived from ad valorem taxes on real estate. |
9 | | Monies received by any taxing districts from the Personal |
10 | | Property Tax Replacement Fund shall be first applied toward |
11 | | payment of the proportionate amount of debt service which was |
12 | | previously levied and collected from extensions against |
13 | | personal property on bonds outstanding as of December 31, 1978 |
14 | | and next applied toward payment of the proportionate share of |
15 | | the pension or retirement obligations of the taxing district |
16 | | which were previously levied and collected from extensions |
17 | | against personal property. For each such outstanding bond |
18 | | issue, the County Clerk shall determine the percentage of the |
19 | | debt service which was collected from extensions against real |
20 | | estate in the taxing district for 1978 taxes payable in 1979, |
21 | | as related to the total amount of such levies and collections |
22 | | from extensions against both real and personal property. For |
23 | | 1979 and subsequent years' taxes, the County Clerk shall levy |
24 | | and extend taxes against the real estate of each taxing |
25 | | district which will yield the said percentage or percentages |
26 | | of the debt service on such outstanding bonds. The balance of |
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1 | | the amount necessary to fully pay such debt service shall |
2 | | constitute a first and prior lien upon the monies received by |
3 | | each such taxing district through the Personal Property Tax |
4 | | Replacement Fund and shall be first applied or set aside for |
5 | | such purpose. In counties having fewer than 3,000,000 |
6 | | inhabitants, the amendments to this paragraph as made by |
7 | | Public Act 81-1255 shall be first applicable to 1980 taxes to |
8 | | be collected in 1981. |
9 | | (Source: P.A. 102-16, eff. 6-17-21; 102-699, eff. 4-19-22; |
10 | | 103-8, eff. 6-7-23.) |
11 | | Section 5-40. The Illinois Procurement Code is amended by |
12 | | changing Section 10-20 as follows: |
13 | | (30 ILCS 500/10-20) |
14 | | Sec. 10-20. Independent chief procurement officers. |
15 | | (a) Appointment. Within 60 calendar days after July 1, |
16 | | 2010 ( the effective date of Public Act 96-795) this amendatory |
17 | | Act of the 96th General Assembly , the Executive Ethics |
18 | | Commission, with the advice and consent of the Senate shall |
19 | | appoint or approve 4 chief procurement officers, one for each |
20 | | of the following categories: |
21 | | (1) for procurements for construction and |
22 | | construction-related services committed by law to the |
23 | | jurisdiction or responsibility of the Capital Development |
24 | | Board; |
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1 | | (2) for procurements for all construction, |
2 | | construction-related services, operation of any facility, |
3 | | and the provision of any service or activity committed by |
4 | | law to the jurisdiction or responsibility of the Illinois |
5 | | Department of Transportation, including the direct or |
6 | | reimbursable expenditure of all federal funds for which |
7 | | the Department of Transportation is responsible or |
8 | | accountable for the use thereof in accordance with federal |
9 | | law, regulation, or procedure, the chief procurement |
10 | | officer recommended for approval under this item appointed |
11 | | by the Secretary of Transportation after consent by the |
12 | | Executive Ethics Commission; |
13 | | (3) for all procurements made by a public institution |
14 | | of higher education; and |
15 | | (4) for all other procurement needs of State agencies. |
16 | | For fiscal years year 2024 and 2025 , the Executive Ethics |
17 | | Commission shall set aside from its appropriation those |
18 | | amounts necessary for the use of the 4 chief procurement |
19 | | officers for the ordinary and contingent expenses of their |
20 | | respective procurement offices. From the amounts set aside by |
21 | | the Commission, each chief procurement officer shall control |
22 | | the internal operations of his or her procurement office and |
23 | | shall procure the necessary equipment, materials, and services |
24 | | to perform the duties of that office, including hiring |
25 | | necessary procurement personnel, legal advisors , and other |
26 | | employees, and may establish, in the exercise of the chief |
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1 | | procurement officer's discretion, the compensation of the |
2 | | office's employees, which includes the State purchasing |
3 | | officers and any legal advisors. The Executive Ethics |
4 | | Commission shall have no control over the employees of the |
5 | | chief procurement officers. The Executive Ethics Commission |
6 | | shall provide administrative support services, including |
7 | | payroll, for each procurement office. |
8 | | (b) Terms and independence. Each chief procurement officer |
9 | | appointed under this Section shall serve for a term of 5 years |
10 | | beginning on the date of the officer's appointment. The chief |
11 | | procurement officer may be removed for cause after a hearing |
12 | | by the Executive Ethics Commission. The Governor or the |
13 | | director of a State agency directly responsible to the |
14 | | Governor may institute a complaint against the officer by |
15 | | filing such complaint with the Commission. The Commission |
16 | | shall have a hearing based on the complaint. The officer and |
17 | | the complainant shall receive reasonable notice of the hearing |
18 | | and shall be permitted to present their respective arguments |
19 | | on the complaint. After the hearing, the Commission shall make |
20 | | a finding on the complaint and may take disciplinary action, |
21 | | including but not limited to removal of the officer. |
22 | | The salary of a chief procurement officer shall be |
23 | | established by the Executive Ethics Commission and may not be |
24 | | diminished during the officer's term. The salary may not |
25 | | exceed the salary of the director of a State agency for which |
26 | | the officer serves as chief procurement officer. |
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1 | | (c) Qualifications. In addition to any other requirement |
2 | | or qualification required by State law, each chief procurement |
3 | | officer must within 12 months of employment be a Certified |
4 | | Professional Public Buyer or a Certified Public Purchasing |
5 | | Officer, pursuant to certification by the Universal Public |
6 | | Purchasing Certification Council, and must reside in Illinois. |
7 | | (d) Fiduciary duty. Each chief procurement officer owes a |
8 | | fiduciary duty to the State. |
9 | | (e) Vacancy. In case of a vacancy in one or more of the |
10 | | offices of a chief procurement officer under this Section |
11 | | during the recess of the Senate, the Executive Ethics |
12 | | Commission shall make a temporary appointment until the next |
13 | | meeting of the Senate, when the Executive Ethics Commission |
14 | | shall nominate some person to fill the office, and any person |
15 | | so nominated who is confirmed by the Senate shall hold office |
16 | | during the remainder of the term and until his or her successor |
17 | | is appointed and qualified. If the Senate is not in session at |
18 | | the time Public Act 96-920 this amendatory Act of the 96th |
19 | | General Assembly takes effect, the Executive Ethics Commission |
20 | | shall make a temporary appointment as in the case of a vacancy. |
21 | | (f) (Blank). |
22 | | (g) (Blank). |
23 | | (Source: P.A. 103-8, eff. 6-7-23; revised 9-26-23.) |
24 | | Section 5-43. The State Prompt Payment Act is amended by |
25 | | changing Section 3-6 and by adding Section 3-7 as follows: |
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1 | | (30 ILCS 540/3-6) |
2 | | Sec. 3-6. Federal funds; lack of authority. If an agency |
3 | | incurs an interest liability under this Act that cannot be |
4 | | charged to the same expenditure authority account to which the |
5 | | related goods or services were charged due to federal |
6 | | prohibitions, the agency is authorized to pay the interest |
7 | | from its available appropriations from the General Revenue |
8 | | Fund , except that the Department of Transportation is |
9 | | authorized to pay the interest from its available |
10 | | appropriations from the Road Fund, as long as the original |
11 | | goods or services were for purposes consistent with Section 11 |
12 | | of Article IX of the Illinois Constitution . |
13 | | (Source: P.A. 100-587, eff. 6-4-18.) |
14 | | (30 ILCS 540/3-7 new) |
15 | | Sec. 3-7. Transportation bond funds. If the Department of |
16 | | Transportation incurs an interest liability under this Act |
17 | | that would be payable from a transportation bond fund, the |
18 | | Department of Transportation is authorized to pay the interest |
19 | | from its available appropriations from the Road Fund, as long |
20 | | as the original purpose to which the bond funds were applied |
21 | | was consistent with Section 11 of Article IX of the Illinois |
22 | | Constitution. As used in this Section, "transportation bond |
23 | | fund" means any of the following funds in the State treasury: |
24 | | the Transportation Bond, Series A Fund; the Transportation |
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1 | | Bond, Series B Fund; the Transportation Bond Series D Fund; |
2 | | and the Multi-modal Transportation Bond Fund. |
3 | | Section 5-45. The Illinois Works Jobs Program Act is |
4 | | amended by changing Section 20-15 as follows: |
5 | | (30 ILCS 559/20-15) |
6 | | Sec. 20-15. Illinois Works Preapprenticeship Program; |
7 | | Illinois Works Bid Credit Program. |
8 | | (a) The Illinois Works Preapprenticeship Program is |
9 | | established and shall be administered by the Department. The |
10 | | goal of the Illinois Works Preapprenticeship Program is to |
11 | | create a network of community-based organizations throughout |
12 | | the State that will recruit, prescreen, and provide |
13 | | preapprenticeship skills training, for which participants may |
14 | | attend free of charge and receive a stipend, to create a |
15 | | qualified, diverse pipeline of workers who are prepared for |
16 | | careers in the construction and building trades. Upon |
17 | | completion of the Illinois Works Preapprenticeship Program, |
18 | | the candidates will be skilled and work-ready. |
19 | | (b) There is created the Illinois Works Fund, a special |
20 | | fund in the State treasury. The Illinois Works Fund shall be |
21 | | administered by the Department. The Illinois Works Fund shall |
22 | | be used to provide funding for community-based organizations |
23 | | throughout the State. In addition to any other transfers that |
24 | | may be provided for by law, on and after July 1, 2019 at the |
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1 | | direction of the Director of the Governor's Office of |
2 | | Management and Budget, the State Comptroller shall direct and |
3 | | the State Treasurer shall transfer amounts not exceeding a |
4 | | total of $50,000,000 from the Rebuild Illinois Projects Fund |
5 | | to the Illinois Works Fund. |
6 | | (b-5) In addition to any other transfers that may be |
7 | | provided for by law, beginning July 1, 2024 and each July 1 |
8 | | thereafter, or as soon thereafter as practical, the State |
9 | | Comptroller shall direct and the State Treasurer shall |
10 | | transfer $20,000,000 from the Capital Projects Fund to the |
11 | | Illinois Works Fund. |
12 | | (c) Each community-based organization that receives |
13 | | funding from the Illinois Works Fund shall provide an annual |
14 | | report to the Illinois Works Review Panel by April 1 of each |
15 | | calendar year. The annual report shall include the following |
16 | | information: |
17 | | (1) a description of the community-based |
18 | | organization's recruitment, screening, and training |
19 | | efforts; |
20 | | (2) the number of individuals who apply to, |
21 | | participate in, and complete the community-based |
22 | | organization's program, broken down by race, gender, age, |
23 | | and veteran status; and |
24 | | (3) the number of the individuals referenced in item (2) |
25 | | of this subsection who are initially accepted and placed |
26 | | into apprenticeship programs in the construction and |
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1 | | building trades. |
2 | | (d) The Department shall create and administer the |
3 | | Illinois Works Bid Credit Program that shall provide economic |
4 | | incentives, through bid credits, to encourage contractors and |
5 | | subcontractors to provide contracting and employment |
6 | | opportunities to historically underrepresented populations in |
7 | | the construction industry. |
8 | | The Illinois Works Bid Credit Program shall allow |
9 | | contractors and subcontractors to earn bid credits for use |
10 | | toward future bids for public works projects contracted by the |
11 | | State or an agency of the State in order to increase the |
12 | | chances that the contractor and the subcontractors will be |
13 | | selected. |
14 | | Contractors or subcontractors may be eligible to earn bid |
15 | | credits for employing apprentices who have completed the |
16 | | Illinois Works Preapprenticeship Program. Contractors or |
17 | | subcontractors shall earn bid credits at a rate established by |
18 | | the Department and based on labor hours worked by apprentices |
19 | | who have completed the Illinois Works Preapprenticeship |
20 | | Program. In order to earn bid credits, contractors and |
21 | | subcontractors shall provide the Department with certified |
22 | | payroll documenting the hours performed by apprentices who |
23 | | have completed the Illinois Works Preapprenticeship Program. |
24 | | Contractors and subcontractors can use bid credits toward |
25 | | future bids for public works projects contracted or funded by |
26 | | the State or an agency of the State in order to increase the |
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1 | | likelihood of being selected as the contractor for the public |
2 | | works project toward which they have applied the bid credit. |
3 | | The Department shall establish the rate by rule and shall |
4 | | publish it on the Department's website. The rule may include |
5 | | maximum bid credits allowed per contractor, per subcontractor, |
6 | | per apprentice, per bid, or per year. |
7 | | The Illinois Works Credit Bank is hereby created and shall |
8 | | be administered by the Department. The Illinois Works Credit |
9 | | Bank shall track the bid credits. |
10 | | A contractor or subcontractor who has been awarded bid |
11 | | credits under any other State program for employing |
12 | | apprentices who have completed the Illinois Works |
13 | | Preapprenticeship Program is not eligible to receive bid |
14 | | credits under the Illinois Works Bid Credit Program relating |
15 | | to the same contract. |
16 | | The Department shall report to the Illinois Works Review |
17 | | Panel the following: (i) the number of bid credits awarded by |
18 | | |