HB4959 EnrolledLRB103 36303 SPS 66401 b

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

 
5    Section 1-1. Short Title. This Act may be cited as the
6Fiscal Year 2025 Budget Implementation Act.
 
7    Section 1-5. Purpose. It is the purpose of this Act to make
8changes in State programs that are necessary to implement the
9State budget for Fiscal Year 2025.
 
10
Article 2.

 
11    Section 2-1. Short title. This Act may be cited as the
12Pretrial Success Act. References in this Article to "this Act"
13mean this Article.
 
14    Section 2-5. Intent; purposes. This Act creates a
15comprehensive approach to ensuring pretrial success, justice,
16and individual and communal well-being. The Act minimizes the
17number of people detained pretrial by ensuring access to
18community-based pretrial supports and services.
 

 

 

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1    Section 2-10. Definitions. As used in this Act:
2    "Case management" means assessment, planning,
3coordination, and advocacy services for individuals who need
4multiple services and require assistance in gaining access to
5and in using behavioral health, physical health, social,
6vocational, educational, housing, public income entitlements
7and other community services to assist the individual in the
8community. "Case management" may also include identifying and
9investigating available resources, explaining options to the
10individual, and linking the individual with necessary
11resources.
12    "Community-based pretrial supports and services" means
13voluntary services provided in the community to an individual
14charged with a criminal offense who has been granted pretrial
15release. Community-based pretrial supports and services shall
16be trauma-informed, culturally competent, and designed and
17delivered according to best practice standards to maximize
18pretrial success.
19    "Court stakeholders" means Judges, State's Attorneys,
20defense attorneys including Public Defenders, Sheriffs, police
21departments, and any other individuals, agencies, or offices
22or their employees involved in pretrial criminal court
23proceedings.
24    "Department" means the Department of Human Services.
25    "Detoxification" means the process of withdrawing a person
26from a specific psychoactive substance in a safe and effective

 

 

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1manner.
2    "Eligible participant" means an Illinois resident charged
3with a criminal offense who has been granted pretrial release.
4    "Medication assisted treatment" means the prescription of
5medications that are approved by the U.S. Food and Drug
6Administration and the Center for Substance Abuse Treatment to
7assist with treatment for a substance use disorder and to
8support recovery for individuals receiving services in a
9facility licensed by the Department. Medication assisted
10treatment includes opioid treatment services as authorized by
11a Department license.
12    "Pretrial success" means ensuring court appearances and
13reducing subsequent involvement with the criminal-legal
14system.
15    "Service area" means a judicial circuit or group of
16judicial 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
4grant-making, operational, and procurement authority to
5distribute funds to local government health and human services
6agencies, community-based organizations, and other entities
7necessary to execute the functions established in this Act.
8    (b) Subject to appropriation, the Department shall issue
9grants to local governmental agencies and community-based
10organizations to maximize pretrial success each year. Grants
11shall be awarded no later than January 1, 2025. Grants in
12subsequent years shall be issued on or before September 1 of
13the relevant fiscal year and shall allow for pre-award
14expenditures beginning July 1 of the relevant fiscal year.
15    (c) Beginning in fiscal year 2028 and subject to
16appropriation, grants shall be awarded for a project period of
173 years, contingent on Department requirements for reporting
18and successful performance.
19    (d) The Department shall ensure that grants awarded under
20this Act do not duplicate or supplant grants awarded under the
21Reimagine Public Safety Act.
 
22    Section 2-25. Community-based pretrial supports and
23services.
24    (a) Subject to appropriation, the Department shall make

 

 

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1grants to organizations for community-based pretrial supports
2and services.
3    (b) The Department shall issue grants to at least one
4organization in each of the service areas and no more than 3
5organizations in each of the service areas with the exception
6of service areas with a population exceeding 2,000,000. The
7Department shall issue grants to at least one organization and
8no more than 10 organizations in service areas with a
9population exceeding 2,000,000. In fiscal year 2025, each
10grant 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
12than $100,000 and no more than $500,000 per organization. An
13organization may receive grants in more than one service area.
14    (c) Organizations receiving grants under this Act shall
15coordinate services with other organizations and court
16stakeholders in their service area. Organizations receiving
17grants under this Act shall coordinate services with the
18Office of Statewide Pretrial Services to the extent that it
19operates in their service area.
20    (d) Organizations receiving grants under this Act shall
21establish eligibility criteria for services. Organizations
22receiving grants under this Act shall be required to accept
23referrals of eligible participants from court stakeholders.
24Organizations receiving grants under this Act may accept
25referrals of eligible participants from other sources
26including self-referrals.

 

 

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1    (e) An eligible participant shall not be ordered to
2receive services funded by a grant under this Act unless the
3person has undergone a validated clinical assessment and the
4clinical treatment plan includes such services. "Validated
5clinical assessment" and "clinical treatment plan" have the
6meanings ascribed to them in Section 10 of the Drug Court
7Treatment Act.
8    (f) Organizations receiving grants under this Act shall
9provide the following services directly or through subgrants
10to 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
24provide the following services directly or through subgrants
25to 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
12ensure that services are accessible to individuals with
13disabilities and to individuals with limited English
14proficiency. Organizations receiving grants under this Act
15shall not deny services to individuals on the basis of
16immigration status or gender identity.
17    (i) No statement or other disclosure, written or
18otherwise, made by an eligible participant to an employee of
19an organization receiving a grant under this Act may be used by
20the prosecution to prove any crime or offense alleged in the
21pending case.
22    (j) The Department shall encourage organizations receiving
23grants under this Act to employ individuals with personal
24experience with being charged with a felony offense. No later
25than when grants are first issued under this Act, the
26Department shall create and execute a Background Check Waiver

 

 

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1Process, limiting the disqualifying offenses, for employees
2who provide services under this Act.
3    (k) Organizations receiving funds under this Act may
4utilize up to 5% of awarded grant funds to raise awareness of
5community-based pretrial supports and services.
 
6    Section 2-30. Service areas.
7    (a) Each judicial circuit with a population of at least
8500,000 constitutes a service area. Each judicial circuit with
9a population of less than 500,000 shall be combined with at
10least one other geographically contiguous judicial circuit to
11constitute a service area with a population of at least
12500,000.
13    (b) Resources for each service area shall be distributed
14based on maximizing the total potential pretrial success.
15Subject to appropriation, the minimum total annual grant
16amount awarded in each service area shall be $300,000. In
17determining the distribution of resources to service areas,
18the 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
4in one service area in each Department region. In subsequent
5years, the Department shall award grants in all service areas,
6subject to appropriation.
 
7    Section 2-35. Local advisory councils.
8    (a) Subject to appropriation, and no later than July 1,
92025, the Department shall create local advisory councils for
10each of the service areas for the purpose of obtaining
11recommendations on how to distribute funds in these areas to
12maximize pretrial success. Local advisory councils shall
13consist of no fewer than 5 members. At least 40% of members
14shall have personal experience with being charged with a
15felony offense in Illinois. At least 20% of members shall have
16personal experience with a family member being charged with a
17felony offense in Illinois. Members of the local advisory
18councils shall serve without compensation except those
19designated as individuals with personal experience may receive
20stipends as compensation for their time.
21    (b) The Department shall provide data to each local
22advisory council on the characteristics of the service area
23and the availability of community-based pretrial supports and
24services. The Department shall also provide best available
25evidence on how to maximize pretrial success.

 

 

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1    (c) Each local advisory council shall make recommendations
2on how to allocate distributed resources and desired goals for
3its service area based on information provided to them by the
4Department.
5    (d) Beginning in fiscal year 2026, the Department shall
6consider the recommendations and determine how to distribute
7funds through grants to community-based organizations and
8local governments. To the extent the Department does not
9follow a local advisory council's recommendation on allocation
10of funds, the Department shall explain in writing why a
11different allocation of resources is more likely to maximize
12pretrial success in the service area.
 
13    Section 2-40. Medicaid services.
14    (a) Funds awarded under this Act may be used for
15behavioral health services until July 1, 2027.
16    (b) Any organization being reimbursed from funds awarded
17under this Act for behavioral health services must also file a
18plan to become Medicaid certified for behavioral health
19services under the Illinois Medicaid program on or before July
201, 2027.
 
21    Section 2-45. Evaluation.
22    (a) The Department shall issue a report to the General
23Assembly no later than January 1 of each year beginning at
24least 12 months after grants are first issued under this Act.

 

 

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1The report shall cover the previous fiscal year and identify
2gaps in community-based pretrial supports and services in each
3service area, explain the investments that are being made to
4maximize pretrial success, and make further recommendations on
5how to build community-based capacity for community-based
6pretrial supports and services including mental health and
7substance use disorder treatment.
8    (b) Beginning with the first report issued at least 24
9months after grants are first issued under this Act, the
10annual report shall include an evaluation of the effectiveness
11of grants under this Act in maximizing pretrial success. The
12Department shall use community-based participatory research
13methods and ensure that the evaluation incorporates input from
14individuals and organizations affected by the Act, including,
15but not limited to, individuals with personal experience with
16being charged with a felony offense in Illinois, individuals
17with personal experience with a family member being charged
18with a felony offense in Illinois, local government health and
19human services agencies, community-based organizations, and
20court stakeholders. The evaluation should be conducted with
21input from outside expert evaluators when possible.
22    (c) The Department shall consider findings from annual
23reports and evaluations in developing subsequent years'
24grantmaking processes, monitoring progress toward local
25advisory councils' goals, and ensuring equity in the
26grantmaking process.
 

 

 

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1    Section 2-50. Rulemaking authority. The Department shall
2adopt rules as are necessary to implement all elements of this
3Act.
 
4
Article 3.

 
5    Section 3-2. The Illinois Administrative Procedure Act is
6amended 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
9direct support personnel and all frontline personnel. To
10provide for the expeditious and timely implementation of the
11changes made to Section 74 of the Mental Health and
12Developmental Disabilities Administrative Act by this
13amendatory Act of the 103rd General Assembly, emergency rules
14implementing the changes made to Section 74 of the Mental
15Health and Developmental Disabilities Administrative Act by
16this amendatory Act of the 103rd General Assembly may be
17adopted in accordance with Section 5-45 by the Department of
18Human Services. The adoption of emergency rules authorized by
19Section 5-45 and this Section is deemed to be necessary for the
20public interest, safety, and welfare.
21    This Section is repealed one year after the effective date
22of this Section.
 

 

 

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1    Section 3-3. The State Employees Group Insurance Act of
21971 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
5TRS dependent beneficiaries.
6    (a) Purpose. It is the purpose of this amendatory Act of
71995 to transfer the administration of the program of health
8benefits established for benefit recipients and their
9dependent beneficiaries under Article 16 of the Illinois
10Pension Code to the Department of Central Management Services.
11    (b) Transition provisions. The Board of Trustees of the
12Teachers' Retirement System shall continue to administer the
13health benefit program established under Article 16 of the
14Illinois Pension Code through December 31, 1995. Beginning
15January 1, 1996, the Department of Central Management Services
16shall be responsible for administering a program of health
17benefits for TRS benefit recipients and TRS dependent
18beneficiaries under this Section. The Department of Central
19Management Services and the Teachers' Retirement System shall
20cooperate in this endeavor and shall coordinate their
21activities so as to ensure a smooth transition and
22uninterrupted health benefit coverage.
23    (c) Eligibility. All persons who were enrolled in the
24Article 16 program at the time of the transfer shall be

 

 

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1eligible to participate in the program established under this
2Section without any interruption or delay in coverage or
3limitation as to pre-existing medical conditions. Eligibility
4to participate shall be determined by the Teachers' Retirement
5System. Eligibility information shall be communicated to the
6Department of Central Management Services in a format
7acceptable to the Department.
8    Eligible TRS benefit recipients may enroll or re-enroll in
9the program of health benefits established under this Section
10during any applicable annual open enrollment period and as
11otherwise permitted by the Department of Central Management
12Services. A TRS benefit recipient shall not be deemed
13ineligible to participate solely by reason of the TRS benefit
14recipient having made a previous election to disenroll or
15otherwise not participate in the program of health benefits.
16    A TRS dependent beneficiary who is a child age 19 or over
17and mentally or physically disabled does not become ineligible
18to participate by reason of (i) becoming ineligible to be
19claimed as a dependent for Illinois or federal income tax
20purposes or (ii) receiving earned income, so long as those
21earnings are insufficient for the child to be fully
22self-sufficient.
23    (d) Coverage. The level of health benefits provided under
24this Section shall be similar to the level of benefits
25provided by the program previously established under Article
2616 of the Illinois Pension Code. For plan years that begin on

 

 

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1or after January 1, 2025, the health benefit program
2established under this Section shall include health, dental,
3and vision benefits.
4    Group life insurance benefits are not included in the
5benefits to be provided to TRS benefit recipients and TRS
6dependent beneficiaries under this Act.
7    The program of health benefits under this Section may
8include any or all of the benefit limitations, including but
9not limited to a reduction in benefits based on eligibility
10for federal Medicare benefits, that are provided under
11subsection (a) of Section 6 of this Act for other health
12benefit programs under this Act.
13    (e) Insurance rates and premiums. The Director shall
14determine the insurance rates and premiums for TRS benefit
15recipients and TRS dependent beneficiaries, and shall present
16to the Teachers' Retirement System of the State of Illinois,
17by April 15 of each calendar year, the rate-setting
18methodology (including but not limited to utilization levels
19and costs) used to determine the amount of the health care
20premiums.
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
16of health benefits, in the initial plan year in which the
17dental and vision benefits are provided, an additional premium
18of not more than $7.11 per month for each TRS benefit recipient
19and $28.43 per month for each TRS dependent beneficiary shall
20be charged. The additional premium shall be used for the
21purpose of financing the dental and vision benefits for TRS
22benefit recipients and TRS dependent beneficiaries on and
23after the effective date of this amendatory Act of the 103rd
24General Assembly.
25    Rates and premiums may be based in part on age and
26eligibility for federal medicare coverage. However, the cost

 

 

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1of participation for a TRS dependent beneficiary who is an
2unmarried child age 19 or over and mentally or physically
3disabled shall not exceed the cost for a TRS dependent
4beneficiary who is an unmarried child under age 19 and
5participates in the same major medical or managed care
6program.
7    The cost of health benefits under the program shall be
8paid 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
8arising from the administration of the health benefit programs
9established under Article 16 of the Illinois Pension Code or
10this Section shall be deposited into the Teacher Health
11Insurance Security Fund, which is hereby created as a
12nonappropriated trust fund to be held outside the State
13Treasury, with the State Treasurer as custodian. Any interest
14earned on moneys in the Teacher Health Insurance Security Fund
15shall be deposited into the Fund.
16    Moneys in the Teacher Health Insurance Security Fund shall
17be used only to pay the costs of the health benefit program
18established under this Section, including associated
19administrative costs, and the costs associated with the health
20benefit program established under Article 16 of the Illinois
21Pension Code, as authorized in this Section. Beginning July 1,
221995, the Department of Central Management Services may make
23expenditures from the Teacher Health Insurance Security Fund
24for those costs.
25    After other funds authorized for the payment of the costs
26of the health benefit program established under Article 16 of

 

 

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1the Illinois Pension Code are exhausted and until January 1,
21996 (or such later date as may be agreed upon by the Director
3of Central Management Services and the Secretary of the
4Teachers' Retirement System), the Secretary of the Teachers'
5Retirement System may make expenditures from the Teacher
6Health Insurance Security Fund as necessary to pay up to 75% of
7the cost of providing health coverage to eligible benefit
8recipients (as defined in Sections 16-153.1 and 16-153.3 of
9the Illinois Pension Code) who are enrolled in the Article 16
10health benefit program and to facilitate the transfer of
11administration of the health benefit program to the Department
12of Central Management Services.
13    The Department of Central Management Services, or any
14successor agency designated to procure healthcare contracts
15pursuant to this Act, is authorized to establish funds,
16separate accounts provided by any bank or banks as defined by
17the Illinois Banking Act, or separate accounts provided by any
18savings and loan association or associations as defined by the
19Illinois Savings and Loan Act of 1985 to be held by the
20Director, outside the State treasury, for the purpose of
21receiving the transfer of moneys from the Teacher Health
22Insurance Security Fund. The Department may promulgate rules
23further defining the methodology for the transfers. Any
24interest earned by moneys in the funds or accounts shall inure
25to the Teacher Health Insurance Security Fund. The transferred
26moneys, and interest accrued thereon, shall be used

 

 

HB4959 Enrolled- 23 -LRB103 36303 SPS 66401 b

1exclusively for transfers to administrative service
2organizations or their financial institutions for payments of
3claims to claimants and providers under the self-insurance
4health plan. The transferred moneys, and interest accrued
5thereon, shall not be used for any other purpose including,
6but not limited to, reimbursement of administration fees due
7the administrative service organization pursuant to its
8contract or contracts with the Department.
9    (g) Contract for benefits. The Director shall by contract,
10self-insurance, or otherwise make available the program of
11health benefits for TRS benefit recipients and their TRS
12dependent beneficiaries that is provided for in this Section.
13The contract or other arrangement for the provision of these
14health benefits shall be on terms deemed by the Director to be
15in the best interest of the State of Illinois and the TRS
16benefit recipients based on, but not limited to, such criteria
17as administrative cost, service capabilities of the carrier or
18other contractor, and the costs of the benefits.
19    (g-5) Committee. A Teacher Retirement Insurance Program
20Committee shall be established, to consist of 10 persons
21appointed by the Governor.
22    The Committee shall convene at least 4 times each year,
23and shall consider and make recommendations on issues
24affecting the program of health benefits provided under this
25Section. Recommendations of the Committee shall be based on a
26consensus of the members of the Committee.

 

 

HB4959 Enrolled- 24 -LRB103 36303 SPS 66401 b

1    If the Teacher Health Insurance Security Fund experiences
2a deficit balance based upon the contribution and subsidy
3rates established in this Section and Section 6.6 for Fiscal
4Year 2008 or thereafter, the Committee shall make
5recommendations for adjustments to the funding sources
6established under these Sections.
7    In addition, the Committee shall identify proposed
8solutions to the funding shortfalls that are affecting the
9Teacher Health Insurance Security Fund, and it shall report
10those solutions to the Governor and the General Assembly
11within 6 months after August 15, 2011 (the effective date of
12Public Act 97-386).
13    (h) Continuation of program. It is the intention of the
14General Assembly that the program of health benefits provided
15under this Section be maintained on an ongoing, affordable
16basis.
17    The program of health benefits provided under this Section
18may be amended by the State and is not intended to be a pension
19or retirement benefit subject to protection under Article
20XIII, 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
24changing Section 4a as follows:
 

 

 

HB4959 Enrolled- 25 -LRB103 36303 SPS 66401 b

1    (15 ILCS 205/4a)  (from Ch. 14, par. 4a)
2    Sec. 4a. Attorneys and investigators appointed by the
3attorney general, and on his payroll, when authorized by the
4attorney general or his designee, may expend such sums as the
5attorney general or his designee deems necessary for any one
6or more of the following: the purchase of items for evidence; ,
7the advancement of fees in cases before United States courts
8or other State courts; , and in the payment of expert witness
9expenses and witness fees, including expert witness fees; or
10subpoena fees.
11    Funds for making expenditures authorized in this Section
12shall be advanced from funds appropriated or made available by
13law for the support or use of the office of attorney general or
14vouchers therefor signed by the attorney general or his
15designee. Sums so advanced may be paid to the attorney or
16investigator authorized to receive the advancement, or may be
17made payable to the ultimate recipient. Any expenditures under
18this Section shall be audited by the auditor general as part of
19any mandated audit conducted in compliance with Section 3-2 of
20the 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
23adding Section 5-30 as follows:
 
24    (20 ILCS 301/5-30 new)

 

 

HB4959 Enrolled- 26 -LRB103 36303 SPS 66401 b

1    Sec. 5-30. Substance Use Disorder Treatment Locator.
2Subject to appropriation, the Department of Human Services
3shall issue a request for proposal to establish a supplemental
4substance use disorder treatment locator that can compare and
5assess addiction treatment facilities to identify high-quality
6providers and provide a publicly available search function for
7patients, health care providers, and first responders to find
8substance use disorder providers. The supplemental treatment
9locator shall integrate with the Illinois Helpline and provide
10annual surveys on both providers and patient experiences that
11aid in identifying high-quality providers to better aid
12decision making for patients, health care providers, and first
13responders to find substance use disorder treatment.
 
14    Section 3-7. The Children and Family Services Act is
15amended 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
18and service programs for abused and neglected children, or
19provide for their administration by not-for-profit
20corporations, community-based organizations or units of local
21government.
22    The Department is hereby designated the single State
23agency for planning and coordination of child abuse and
24neglect prevention programs and services. On or before the

 

 

HB4959 Enrolled- 27 -LRB103 36303 SPS 66401 b

1first Friday in October of each year, the Department shall
2submit to the Governor and the General Assembly a State
3comprehensive child abuse and neglect prevention plan. The
4plan shall: identify priorities, goals and objectives;
5identify the resources necessary to implement the plan,
6including estimates of resources needed to investigate or
7otherwise process reports of suspected child abuse or neglect
8and to provide necessary follow-up services for child
9protection, family preservation and family reunification in
10"indicated" cases as determined under the Abused and Neglected
11Child Reporting Act; make proposals for the most effective use
12of existing resources to implement the plan, including
13recommendations for the optimum use of private, local public,
14State and federal resources; and propose strategies for the
15development of additional resources to meet the goal of
16reducing the incidence of child abuse and neglect and reducing
17the number of reports of suspected child abuse and neglect
18made to the Department.
19    (b) The administration of child abuse prevention, shelters
20and service programs under subsection (a) shall be funded in
21part by appropriations made from the Child Abuse Prevention
22Fund, which is hereby created in the State Treasury, and in
23part by appropriations from the General Revenue Fund. All
24interest earned on monies in the Child Abuse Prevention Fund
25shall remain in such fund. The Department and the State
26Treasurer may accept funds as provided by Sections 507 and 508

 

 

HB4959 Enrolled- 28 -LRB103 36303 SPS 66401 b

1of the Illinois Income Tax Act and unsolicited private
2donations for deposit into the Child Abuse Prevention Fund.
3Annual requests for appropriations for the purpose of
4providing child abuse and neglect prevention programs and
5services under this Section shall be made in separate and
6distinct line-items. In setting priorities for the direction
7and scope of such programs, the Director shall be advised by
8the State-wide Citizen's Committee on Child Abuse and Neglect.
9    (c) (Blank). Where the Department contracts with outside
10agencies to operate the shelters or programs, such outside
11agencies may receive funding from the Department, except that
12the shelters must certify a 20% financial match for operating
13expenses of their programs. In selecting the outside agencies
14to administer child shelters and service programs, and in
15allocating funds for such agencies, the Department shall give
16priority to new and existing shelters or programs offering the
17broadest range of services to the community served.
18    (d) The Department shall have the power to make grants of
19monies to fund comprehensive community-based services to
20reduce the incidence of family dysfunction typified by child
21abuse and neglect; to diminish those factors found to increase
22family dysfunction; and to measure the effectiveness and costs
23of such services.
24    (e) For implementing such intergovernmental cooperation
25and involvement, units of local government and public and
26private agencies may apply for and receive federal or State

 

 

HB4959 Enrolled- 29 -LRB103 36303 SPS 66401 b

1funds from the Department under this Act or seek and receive
2gifts from local philanthropic or other private local sources
3in order to augment any State funds appropriated for the
4purposes of this Act.
5    (e-5) The Department may establish and maintain locally
6held funds to be individually known as the Youth in Care
7Support Fund. Moneys in these funds shall be used for
8purchases for the immediate needs of youth in care or for the
9immediate support needs of youth, families, and caregivers
10served by the Department. Moneys paid into funds shall be from
11appropriations made to the DCFS Children's Services Fund.
12Funds remaining in any Youth in Care Support Fund must be
13returned to the DCFS Children's Services Fund upon
14dissolution. Any warrant for payment to a vendor for the same
15product or service for a youth in care shall be payable to the
16Department to reimburse the immediate payment from the Youth
17in 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)

 

 

HB4959 Enrolled- 30 -LRB103 36303 SPS 66401 b

1    Sec. 17a-4. Grants for community-based youth services;
2Department of Human Services.
3    (a) The Department of Human Services shall make grants for
4the purpose of planning, establishing, operating, coordinating
5and evaluating programs aimed at reducing or eliminating the
6involvement of youth in the child welfare or juvenile justice
7systems. The programs shall include those providing for more
8comprehensive and integrated community-based youth services
9including Unified Delinquency Intervention Services programs
10and for community services programs. The Department may
11authorize advance disbursement of funds for such youth
12services programs. When the appropriation for "comprehensive
13community-based service to youth" is equal to or exceeds
14$5,000,000, the Department shall allocate the total amount of
15such 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

 

 

HB4959 Enrolled- 31 -LRB103 36303 SPS 66401 b

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
11promulgated under this Act to the contrary, unless expressly
12prohibited by federal law or regulation, all individuals,
13corporations, or other entities that provide medical or mental
14health services, whether organized as for-profit or
15not-for-profit entities, shall be eligible for consideration
16by the Department of Human Services to participate in any
17program funded or administered by the Department. This
18subsection shall not apply to the receipt of federal funds
19administered and transferred by the Department for services
20when the federal government has specifically provided that
21those funds may be received only by those entities organized
22as not-for-profit entities.
23(Source: P.A. 89-392, eff. 8-20-95; 89-507, eff. 7-1-97;
2490-655, eff. 7-30-98.)
 
25    Section 3-8. The Department of Commerce and Economic

 

 

HB4959 Enrolled- 32 -LRB103 36303 SPS 66401 b

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

 

 

HB4959 Enrolled- 33 -LRB103 36303 SPS 66401 b

1affiliated with multiple municipalities or counties that
2support the bureau with local hotel-motel taxes. Each bureau
3receiving funds under this Act will be certified by the
4Department as the designated recipient to serve an area of the
5State. Notwithstanding the criteria set forth in this
6subsection (a), or any rule adopted under this subsection (a),
7the Director of the Department may provide for the award of
8grant funds to one or more entities if in the Department's
9judgment that action is necessary in order to prevent a loss of
10funding critical to promoting tourism in a designated
11geographic area of the State.
12    (b) To distribute grants to local tourism and convention
13bureaus from appropriations made from the Local Tourism Fund
14for that purpose. Of the amounts appropriated annually to the
15Department for expenditure under this Section prior to July 1,
162011, one-third of those monies shall be used for grants to
17convention and tourism bureaus in cities with a population
18greater than 500,000. The remaining two-thirds of the annual
19appropriation prior to July 1, 2011 shall be used for grants to
20convention and tourism bureaus in the remainder of the State,
21in accordance with a formula based upon the population served.
22Of the amounts appropriated annually to the Department for
23expenditure under this Section beginning July 1, 2011, 18% of
24such moneys shall be used for grants to convention and tourism
25bureaus in cities with a population greater than 500,000. Of
26the amounts appropriated annually to the Department for

 

 

HB4959 Enrolled- 34 -LRB103 36303 SPS 66401 b

1expenditure under this Section beginning July 1, 2011, 82% of
2such moneys shall be used for grants to convention bureaus in
3the remainder of the State, in accordance with a formula based
4upon the population served. The Department may reserve up to
53% of total local tourism funds available for costs of
6administering the program to conduct audits of grants, to
7provide incentive funds to those bureaus that will conduct
8promotional activities designed to further the Department's
9statewide advertising campaign, to fund special statewide
10promotional activities, and to fund promotional activities
11that support an increased use of the State's parks or historic
12sites. The Department shall require that any convention and
13tourism bureau receiving a grant under this Section that
14requires matching funds shall provide matching funds equal to
15no less than 50% of the grant amount, except that: (1) in
16Fiscal Years 2021 through 2024 only, the Department shall
17require that any convention and tourism bureau receiving a
18grant under this Section that requires matching funds shall
19provide matching funds equal to no less than 25% of the grant
20amount; (2) in Fiscal Year 2025, the Department shall require
21that any convention and tourism bureau receiving a grant under
22this Section that requires matching funds shall provide
23matching funds equal to no less than 30% of the grant amount;
24and (3) in Fiscal Year 2026, the Department shall require that
25any convention and tourism bureau receiving a grant under this
26Section that requires matching funds shall provide matching

 

 

HB4959 Enrolled- 35 -LRB103 36303 SPS 66401 b

1funds equal to no less than 40% of the grant amount. During
2fiscal year 2013, the Department shall reserve $2,000,000 of
3the available local tourism funds for appropriation to the
4Historic Preservation Agency for the operation of the Abraham
5Lincoln Presidential Library and Museum and State historic
6sites.
7    To provide for the expeditious and timely implementation
8of the changes made by Public Act 101-636, emergency rules to
9implement the changes made by Public Act 101-636 may be
10adopted by the Department subject to the provisions of Section
115-45 of the Illinois Administrative Procedure Act.
12(Source: P.A. 102-16, eff. 6-17-21; 102-699, eff. 4-19-22;
13103-8, eff. 6-7-23.)
 
14    Section 3-9. The Mental Health and Developmental
15Disabilities Administrative Act is amended by changing Section
1674 as follows:
 
17    (20 ILCS 1705/74)
18    Sec. 74. Rates and reimbursements.
19    (a) Within 30 days after July 6, 2017 (the effective date
20of Public Act 100-23), the Department shall increase rates and
21reimbursements to fund a minimum of a $0.75 per hour wage
22increase for front-line personnel, including, but not limited
23to, direct support professionals, aides, front-line
24supervisors, qualified intellectual disabilities

 

 

HB4959 Enrolled- 36 -LRB103 36303 SPS 66401 b

1professionals, nurses, and non-administrative support staff
2working in community-based provider organizations serving
3individuals with developmental disabilities. The Department
4shall adopt rules, including emergency rules under subsection
5(y) of Section 5-45 of the Illinois Administrative Procedure
6Act, to implement the provisions of this Section.
7    (b) Rates and reimbursements. Within 30 days after June 4,
82018 (the effective date of Public Act 100-587), the
9Department shall increase rates and reimbursements to fund a
10minimum of a $0.50 per hour wage increase for front-line
11personnel, including, but not limited to, direct support
12professionals, aides, front-line supervisors, qualified
13intellectual disabilities professionals, nurses, and
14non-administrative support staff working in community-based
15provider organizations serving individuals with developmental
16disabilities. The Department shall adopt rules, including
17emergency rules under subsection (bb) of Section 5-45 of the
18Illinois Administrative Procedure Act, to implement the
19provisions of this Section.
20    (c) Rates and reimbursements. Within 30 days after June 5,
212019 (the effective date of Public Act 101-10), subject to
22federal approval, the Department shall increase rates and
23reimbursements in effect on June 30, 2019 for community-based
24providers for persons with Developmental Disabilities by 3.5%
25The Department shall adopt rules, including emergency rules
26under subsection (jj) of Section 5-45 of the Illinois

 

 

HB4959 Enrolled- 37 -LRB103 36303 SPS 66401 b

1Administrative Procedure Act, to implement the provisions of
2this Section, including wage increases for direct care staff.
3    (d) For community-based providers serving persons with
4intellectual/developmental disabilities, subject to federal
5approval of any relevant Waiver Amendment, the rates taking
6effect for services delivered on or after January 1, 2022,
7shall include an increase in the rate methodology sufficient
8to provide a $1.50 per hour wage increase for direct support
9professionals in residential settings and sufficient to
10provide wages for all residential non-executive direct care
11staff, excluding direct support professionals, at the federal
12Department of Labor, Bureau of Labor Statistics' average wage
13as defined in rule by the Department.
14    The establishment of and any changes to the rate
15methodologies for community-based services provided to persons
16with intellectual/developmental disabilities are subject to
17federal approval of any relevant Waiver Amendment and shall be
18defined in rule by the Department. The Department shall adopt
19rules, including emergency rules as authorized by Section 5-45
20of the Illinois Administrative Procedure Act, to implement the
21provisions of this subsection (d).
22    (e) For community-based providers serving persons with
23intellectual/developmental disabilities, subject to federal
24approval of any relevant Waiver Amendment, the rates taking
25effect for services delivered on or after January 1, 2023,
26shall include an increase in the rate methodology sufficient

 

 

HB4959 Enrolled- 38 -LRB103 36303 SPS 66401 b

1to provide a $1.00 per hour wage increase for all direct
2support professionals and all other frontline personnel who
3are not subject to the Bureau of Labor Statistics' average
4wage increases, who work in residential and community day
5services settings, with at least $0.50 of those funds to be
6provided as a direct increase to base wages, with the
7remaining $0.50 to be used flexibly for base wage increases.
8In addition, the rates taking effect for services delivered on
9or after January 1, 2023 shall include an increase sufficient
10to provide wages for all residential non-executive direct care
11staff, excluding direct support professionals, at the federal
12Department of Labor, Bureau of Labor Statistics' average wage
13as defined in rule by the Department.
14    The establishment of and any changes to the rate
15methodologies for community-based services provided to persons
16with intellectual/developmental disabilities are subject to
17federal approval of any relevant Waiver Amendment and shall be
18defined in rule by the Department. The Department shall adopt
19rules, including emergency rules as authorized by Section 5-45
20of the Illinois Administrative Procedure Act, to implement the
21provisions of this subsection.
22    (f) For community-based providers serving persons with
23intellectual/developmental disabilities, subject to federal
24approval of any relevant Waiver Amendment, the rates taking
25effect for services delivered on or after January 1, 2024
26shall include an increase in the rate methodology sufficient

 

 

HB4959 Enrolled- 39 -LRB103 36303 SPS 66401 b

1to provide a $2.50 per hour wage increase for all direct
2support professionals and all other frontline personnel who
3are not subject to the Bureau of Labor Statistics' average
4wage increases and who work in residential and community day
5services settings. At least $1.25 of the per hour wage
6increase shall be provided as a direct increase to base wages,
7and the remaining $1.25 of the per hour wage increase shall be
8used flexibly for base wage increases. In addition, the rates
9taking effect for services delivered on or after January 1,
102024 shall include an increase sufficient to provide wages for
11all residential non-executive direct care staff, excluding
12direct support professionals, at the federal Department of
13Labor, Bureau of Labor Statistics' average wage as defined in
14rule by the Department.
15    The establishment of and any changes to the rate
16methodologies for community-based services provided to persons
17with intellectual/developmental disabilities are subject to
18federal approval of any relevant Waiver Amendment and shall be
19defined in rule by the Department. The Department shall adopt
20rules, including emergency rules as authorized by Section 5-45
21of the Illinois Administrative Procedure Act, to implement the
22provisions of this subsection.
23    (g) For community-based providers serving persons with
24intellectual or developmental disabilities, subject to federal
25approval of any relevant Waiver Amendment, the rates taking
26effect for services delivered on or after January 1, 2025

 

 

HB4959 Enrolled- 40 -LRB103 36303 SPS 66401 b

1shall include an increase in the rate methodology sufficient
2to provide a $1 per hour wage rate increase for all direct
3support personnel and all other frontline personnel who are
4not subject to the Bureau of Labor Statistics' average wage
5increases and who work in residential and community day
6services settings, with at least $0.75 of those funds to be
7provided as a direct increase to base wages and the remaining
8$0.25 to be used flexibly for base wage increases. These
9increases shall not be used by community-based providers for
10operational or administrative expenses. In addition, the rates
11taking effect for services delivered on or after January 1,
122025 shall include an increase sufficient to provide wages for
13all residential non-executive direct care staff, excluding
14direct support personnel, at the federal Department of Labor,
15Bureau of Labor Statistics' average wage as defined by rule by
16the Department. For services delivered on or after January 1,
172025, the rates shall include adjustments to
18employment-related expenses as defined by rule by the
19Department.
20    The establishment of and any changes to the rate
21methodologies for community-based services provided to persons
22with intellectual or developmental disabilities are subject to
23federal approval of any relevant Waiver Amendment and shall be
24defined in rule by the Department. The Department shall adopt
25rules, including emergency rules as authorized by Section 5-45
26of the Illinois Administrative Procedure Act, to implement the

 

 

HB4959 Enrolled- 41 -LRB103 36303 SPS 66401 b

1provisions of this subsection.
2(Source: P.A. 102-16, eff. 6-17-21; 102-699, eff. 4-19-22;
3102-830, eff. 1-1-23; 103-8, eff. 6-7-23; 103-154, eff.
46-30-23.)
 
5    Section 3-10. The Governor's Office of Management and
6Budget 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
915th day following the end of each month, the Office shall
10prepare and publish a written report including, at a minimum,
11the 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
20is amended by changing Section 5 as follows:
 
21    (20 ILCS 3305/5)  (from Ch. 127, par. 1055)
22    Sec. 5. Illinois Emergency Management Agency.

 

 

HB4959 Enrolled- 42 -LRB103 36303 SPS 66401 b

1    (a) There is created within the executive branch of the
2State Government an Illinois Emergency Management Agency and a
3Director of the Illinois Emergency Management Agency, herein
4called the "Director" who shall be the head thereof. The
5Director shall be appointed by the Governor, with the advice
6and consent of the Senate, and shall serve for a term of 2
7years beginning on the third Monday in January of the
8odd-numbered year, and until a successor is appointed and has
9qualified; except that the term of the first Director
10appointed under this Act shall expire on the third Monday in
11January, 1989. The Director shall not hold any other
12remunerative public office. For terms beginning after January
1318, 2019 (the effective date of Public Act 100-1179) and
14before January 16, 2023, the annual salary of the Director
15shall be as provided in Section 5-300 of the Civil
16Administrative Code of Illinois. Notwithstanding any other
17provision of law, for terms beginning on or after January 16,
182023, the Director shall receive an annual salary of $180,000
19or as set by the Governor, whichever is higher. On July 1,
202023, and on each July 1 thereafter, the Director shall
21receive an increase in salary based on a cost of living
22adjustment as authorized by Senate Joint Resolution 192 of the
2386th General Assembly.
24    For terms beginning on or after January 16, 2023, the
25Assistant Director of the Illinois Emergency Management Agency
26shall receive an annual salary of $156,600 or as set by the

 

 

HB4959 Enrolled- 43 -LRB103 36303 SPS 66401 b

1Governor, whichever is higher. On July 1, 2023, and on each
2July 1 thereafter, the Assistant Director shall receive an
3increase in salary based on a cost of living adjustment as
4authorized by Senate Joint Resolution 192 of the 86th General
5Assembly.
6    (b) The Illinois Emergency Management Agency shall obtain,
7under the provisions of the Personnel Code, technical,
8clerical, stenographic and other administrative personnel, and
9may make expenditures within the appropriation therefor as may
10be necessary to carry out the purpose of this Act. The agency
11created by this Act is intended to be a successor to the agency
12created under the Illinois Emergency Services and Disaster
13Agency Act of 1975 and the personnel, equipment, records, and
14appropriations of that agency are transferred to the successor
15agency as of June 30, 1988 (the effective date of this Act).
16    (c) The Director, subject to the direction and control of
17the Governor, shall be the executive head of the Illinois
18Emergency Management Agency and the State Emergency Response
19Commission and shall be responsible under the direction of the
20Governor, for carrying out the program for emergency
21management of this State. The Director shall also maintain
22liaison and cooperate with the emergency management
23organizations of this State and other states and of the
24federal government.
25    (d) The Illinois Emergency Management Agency shall take an
26integral part in the development and revision of political

 

 

HB4959 Enrolled- 44 -LRB103 36303 SPS 66401 b

1subdivision emergency operations plans prepared under
2paragraph (f) of Section 10. To this end it shall employ or
3otherwise secure the services of professional and technical
4personnel capable of providing expert assistance to the
5emergency services and disaster agencies. These personnel
6shall consult with emergency services and disaster agencies on
7a regular basis and shall make field examinations of the
8areas, circumstances, and conditions that particular political
9subdivision emergency operations plans are intended to apply.
10    (e) The Illinois Emergency Management Agency and political
11subdivisions shall be encouraged to form an emergency
12management advisory committee composed of private and public
13personnel representing the emergency management phases of
14mitigation, preparedness, response, and recovery. The Local
15Emergency Planning Committee, as created under the Illinois
16Emergency Planning and Community Right to Know Act, shall
17serve as an advisory committee to the emergency services and
18disaster agency or agencies serving within the boundaries of
19that 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.

 

 

HB4959 Enrolled- 45 -LRB103 36303 SPS 66401 b

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.

 

 

HB4959 Enrolled- 46 -LRB103 36303 SPS 66401 b

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

 

 

HB4959 Enrolled- 47 -LRB103 36303 SPS 66401 b

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
20to make grants to various higher education institutions,
21public K-12 school districts, area vocational centers as
22designated by the State Board of Education, inter-district
23special education cooperatives, regional safe schools, and
24nonpublic K-12 schools for safety and security improvements.
25For the purpose of this subsection (g), "higher education
26institution" means a public university, a public community

 

 

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1college, or an independent, not-for-profit or for-profit
2higher education institution located in this State. Grants
3made under this subsection (g) shall be paid out of moneys
4appropriated for that purpose from the Build Illinois Bond
5Fund. The Illinois Emergency Management Agency shall adopt
6rules to implement this subsection (g). These rules may
7specify: (i) the manner of applying for grants; (ii) project
8eligibility requirements; (iii) restrictions on the use of
9grant moneys; (iv) the manner in which the various higher
10education institutions must account for the use of grant
11moneys; and (v) any other provision that the Illinois
12Emergency Management Agency determines to be necessary or
13useful for the administration of this subsection (g).
14    (g-5) The Illinois Emergency Management Agency is
15authorized to make grants to not-for-profit organizations
16which are exempt from federal income taxation under section
17501(c)(3) of the Federal Internal Revenue Code for eligible
18security improvements that assist the organization in
19preventing, preparing for, or responding to threats, attacks,
20or acts of terrorism. To be eligible for a grant under the
21program, the Agency must determine that the organization is at
22a high risk of being subject to threats, attacks, or acts of
23terrorism based on the organization's profile, ideology,
24mission, or beliefs. Eligible security improvements shall
25include all eligible preparedness activities under the federal
26Nonprofit Security Grant Program, including, but not limited

 

 

HB4959 Enrolled- 50 -LRB103 36303 SPS 66401 b

1to, physical security upgrades, security training exercises,
2preparedness training exercises, contracting with security
3personnel, and any other security upgrades deemed eligible by
4the Director. Eligible security improvements shall not
5duplicate, in part or in whole, a project included under any
6awarded federal grant or in a pending federal application. The
7Director shall establish procedures and forms by which
8applicants may apply for a grant and procedures for
9distributing grants to recipients. Any security improvements
10awarded shall remain at the physical property listed in the
11grant application, unless authorized by Agency rule or
12approved by the Agency in writing. The procedures shall
13require 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;

 

 

HB4959 Enrolled- 51 -LRB103 36303 SPS 66401 b

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
11grant program described in this subsection (g-5) to administer
12the program. Any Agency Notice of Opportunity for Funding,
13proposed or final rulemaking, guidance, training opportunity,
14or other resource related to the grant program must be
15published on the Agency's publicly available website, and any
16announcements related to funding shall be shared with all
17State legislative offices, the Governor's office, emergency
18services and disaster agencies mandated or required pursuant
19to subsections (b) through (d) of Section 10, and any other
20State agencies as determined by the Agency. Subject to
21appropriation, the grant application period shall be open for
22no less than 45 calendar days during the first application
23cycle each fiscal year, unless the Agency determines that a
24shorter period is necessary to avoid conflicts with the annual
25federal Nonprofit Security Grant Program funding cycle.
26Additional application cycles may be conducted during the same

 

 

HB4959 Enrolled- 52 -LRB103 36303 SPS 66401 b

1fiscal year, subject to availability of funds. Upon request,
2Agency staff shall provide reasonable assistance to any
3applicant in completing a grant application or meeting a
4post-award requirement.
5    In addition to any advance payment rules or procedures
6adopted by the Agency, the Agency shall adopt rules or
7procedures by which grantees under this subsection (g-5) may
8receive a working capital advance of initial start-up costs
9and up to 2 months of program expenses, not to exceed 25% of
10the total award amount, if, during the application process,
11the grantee demonstrates a need for funds to commence a
12project. The remaining funds must be paid through
13reimbursement after the grantee presents sufficient supporting
14documentation of expenditures for eligible activities.
15    (h) Except as provided in Section 17.5 of this Act, any
16moneys received by the Agency from donations or sponsorships
17unrelated to a disaster shall be deposited in the Emergency
18Planning and Training Fund and used by the Agency, subject to
19appropriation, to effectuate planning and training activities.
20Any moneys received by the Agency from donations during a
21disaster and intended for disaster response or recovery shall
22be deposited into the Disaster Response and Recovery Fund and
23used for disaster response and recovery pursuant to the
24Disaster Relief Act.
25    (i) The Illinois Emergency Management Agency may by rule
26assess and collect reasonable fees for attendance at

 

 

HB4959 Enrolled- 53 -LRB103 36303 SPS 66401 b

1Agency-sponsored conferences to enable the Agency to carry out
2the requirements of this Act. Any moneys received under this
3subsection shall be deposited in the Emergency Planning and
4Training Fund and used by the Agency, subject to
5appropriation, for planning and training activities.
6    (j) The Illinois Emergency Management Agency is authorized
7to make grants to other State agencies, public universities,
8units of local government, and statewide mutual aid
9organizations to enhance statewide emergency preparedness and
10response.
11(Source: P.A. 102-16, eff. 6-17-21; 102-538, eff. 8-20-21;
12102-813, eff. 5-13-22; 102-1115, eff. 1-9-23; 103-418, eff.
131-1-24.)
 
14    Section 3-15. The State Finance Act is amended by changing
15Section 6z-129 as follows:
 
16    (30 ILCS 105/6z-129)
17    Sec. 6z-129. Horse Racing Purse Equity Fund. The Horse
18Racing Purse Equity Fund is a nonappropriated trust fund held
19outside of the State treasury. Within 30 calendar days after
20funds are deposited in the Horse Racing Purse Equity Fund and
21the applicable grant agreement is executed, whichever is
22later, the Department of Agriculture shall transfer the entire
23balance in the Fund to the organization licensees that hold
24purse moneys that support each of the legally recognized

 

 

HB4959 Enrolled- 54 -LRB103 36303 SPS 66401 b

1horsemen's associations that have contracted with an
2organization licensee over the immediately preceding 3
3calendar years under subsection (d) of Section 29 of the
4Illinois Horse Racing Act of 1975. The 2024 2023 division of
5such fund balance among the qualifying purse accounts shall be
6pursuant to the 2021 agreement of the involved horsemen
7associations with 45% being allocated to the thoroughbred
8purse account at a racetrack located in Stickney Township in
9Cook County, 30% being allocated to the harness purse account
10at a racetrack located in Stickney Township in Cook County,
11and 25% being allocated to the thoroughbred purse account at a
12racetrack located in Madison County. Transfers may be made to
13an organization licensee that has one or more executed grant
14agreements while the other organization licensee awaits
15finalization and execution of its grant agreement or
16agreements. All funds transferred to purse accounts pursuant
17to this Section shall be for the sole purpose of augmenting
18future purses during State fiscal year 2025 2024. For purposes
19of this Section, a legally recognized horsemen association is
20that horsemen association representing the largest number of
21owners, trainers, jockeys or Standardbred drivers who race
22horses at an Illinois organization licensee and that enter
23into agreements with Illinois organization licenses to govern
24the racing meet and that also provide required consents
25pursuant to the Illinois Horse Racing Act of 1975.
26(Source: P.A. 102-16, eff. 6-17-21; 103-8, eff. 7-1-23.)
 

 

 

HB4959 Enrolled- 55 -LRB103 36303 SPS 66401 b

1    Section 3-22. The Illinois Pension Code is amended by
2changing 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
5area.
6    (a) As used in this Section, "eligible employment" means
7employment beginning on or after July 1, 2003 and ending no
8later than June 30, 2027 2024, in a subject shortage area at a
9qualified school, in a position requiring certification under
10the law governing the certification of teachers.
11    As used in this Section, "qualified school" means a public
12elementary or secondary school that meets all of the following
13requirements:
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

 

 

HB4959 Enrolled- 56 -LRB103 36303 SPS 66401 b

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
5Article (other than a disability retirement annuity) may
6engage in eligible employment at a qualified school without
7impairing his or her retirement status or retirement annuity,
8subject 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

 

 

HB4959 Enrolled- 57 -LRB103 36303 SPS 66401 b

1accordance with subsection (b) shall be deemed a participant
2in the program established under this Section for so long as he
3or she remains employed in eligible employment.
4    (d) A participant in the program established under this
5Section continues to be a retirement annuitant, rather than an
6active teacher, for all of the purposes of this Code, but shall
7be deemed an active teacher for other purposes, such as
8inclusion in a collective bargaining unit, eligibility for
9group health benefits, and compliance with the laws governing
10the employment, regulation, certification, treatment, and
11conduct of teachers.
12    With respect to an annuitant's eligible employment under
13this Section, neither employee nor employer contributions
14shall be made to the System and no additional service credit
15shall be earned. Eligible employment does not affect the
16annuitant's final average salary or the amount of the
17retirement annuity.
18    (e) Before hiring a teacher under this Section, the school
19district 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

 

 

HB4959 Enrolled- 58 -LRB103 36303 SPS 66401 b

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
16continue employment with the school district because of
17documented illness, injury, or disability that occurred after
18being hired by a school district under this Section shall be
19exempt from the provisions of paragraph (2) for 90 school
20days. However, the school district must on an ongoing basis
21comply with items (i), (ii), and (iii) of paragraph (2).
22    The school district must submit documentation of its
23compliance with this subsection to the regional
24superintendent. Upon receiving satisfactory documentation from
25the school district, the regional superintendent shall certify
26the district's compliance with this subsection to the System.

 

 

HB4959 Enrolled- 59 -LRB103 36303 SPS 66401 b

1    (f) This Section applies without regard to whether the
2annuitant was in service on or after the effective date of this
3amendatory 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
8pension from the Fund is re-employed as a teacher by an
9Employer, the pension shall be cancelled on the date the
10re-employment begins, or on the first day of a payroll period
11for which service credit was validated, whichever is earlier.
12    (b) If any person receiving a service retirement pension
13from the Fund is re-employed as a teacher on a permanent or
14annual basis by an Employer, the pension shall be cancelled on
15the date the re-employment begins, or on the first day of a
16payroll period for which service credit was validated,
17whichever is earlier. However, subject to the limitations and
18requirements of subsection (c-5), (c-6), (c-7), or (c-10), the
19pension shall not be cancelled in the case of a service
20retirement pensioner who is re-employed on a temporary and
21non-annual basis or on an hourly basis.
22    (c) If the date of re-employment on a permanent or annual
23basis occurs within 5 school months after the date of previous
24retirement, exclusive of any vacation period, the member shall
25be deemed to have been out of service only temporarily and not

 

 

HB4959 Enrolled- 60 -LRB103 36303 SPS 66401 b

1permanently retired. Such person shall be entitled to pension
2payments for the time he could have been employed as a teacher
3and received salary, but shall not be entitled to pension for
4or during the summer vacation prior to his return to service.
5    When the member again retires on pension, the time of
6service and the money contributed by him during re-employment
7shall be added to the time and money previously credited. Such
8person must acquire 3 consecutive years of additional
9contributing service before he may retire again on a pension
10at a rate and under conditions other than those in force or
11attained at the time of his previous retirement.
12    (c-5) For school years beginning on or after July 1, 2019
13and before July 1, 2022, the service retirement pension shall
14not be cancelled in the case of a service retirement pensioner
15who is re-employed as a teacher on a temporary and non-annual
16basis or on an hourly basis, so long as the person (1) does not
17work as a teacher for compensation on more than 120 days in a
18school year or (2) does not accept gross compensation for the
19re-employment in a school year in excess of (i) $30,000 or (ii)
20in the case of a person who retires with at least 5 years of
21service as a principal, an amount that is equal to the daily
22rate normally paid to retired principals multiplied by 100.
23These limitations apply only to school years that begin on or
24after July 1, 2019 and before July 1, 2022. Such re-employment
25does not require contributions, result in service credit, or
26constitute active membership in the Fund.

 

 

HB4959 Enrolled- 61 -LRB103 36303 SPS 66401 b

1    The service retirement pension shall not be cancelled in
2the case of a service retirement pensioner who is re-employed
3as a teacher on a temporary and non-annual basis or on an
4hourly basis, so long as the person (1) does not work as a
5teacher for compensation on more than 100 days in a school year
6or (2) does not accept gross compensation for the
7re-employment in a school year in excess of (i) $30,000 or (ii)
8in the case of a person who retires with at least 5 years of
9service as a principal, an amount that is equal to the daily
10rate normally paid to retired principals multiplied by 100.
11These limitations apply only to school years that begin on or
12after August 8, 2012 (the effective date of Public Act 97-912)
13and before July 1, 2019. Such re-employment does not require
14contributions, result in service credit, or constitute active
15membership in the Fund.
16    Notwithstanding the 120-day limit set forth in item (1) of
17this subsection (c-5), the service retirement pension shall
18not be cancelled in the case of a service retirement pensioner
19who teaches only driver education courses after regular school
20hours and does not teach any other subject area, so long as the
21person does not work as a teacher for compensation for more
22than 900 hours in a school year. The $30,000 limit set forth in
23subitem (i) of item (2) of this subsection (c-5) shall apply to
24a service retirement pensioner who teaches only driver
25education courses after regular school hours and does not
26teach any other subject area.

 

 

HB4959 Enrolled- 62 -LRB103 36303 SPS 66401 b

1    To be eligible for such re-employment without cancellation
2of pension, the pensioner must notify the Fund and the Board of
3Education of his or her intention to accept re-employment
4under this subsection (c-5) before beginning that
5re-employment (or if the re-employment began before August 8,
62012 (the effective date of Public Act 97-912), then within 30
7days after that effective date).
8    An Employer must certify to the Fund the temporary and
9non-annual or hourly status and the compensation of each
10pensioner re-employed under this subsection at least
11quarterly, and when the pensioner is approaching the earnings
12limitation under this subsection.
13    If the pensioner works more than 100 days or accepts
14excess gross compensation for such re-employment in any school
15year that begins on or after August 8, 2012 (the effective date
16of Public Act 97-912), the service retirement pension shall
17thereupon be cancelled.
18    If the pensioner who only teaches drivers education
19courses after regular school hours works more than 900 hours
20or accepts excess gross compensation for such re-employment in
21any school year that begins on or after August 12, 2016 (the
22effective date of Public Act 99-786), the service retirement
23pension shall thereupon be cancelled.
24    If the pensioner works more than 120 days or accepts
25excess gross compensation for such re-employment in any school
26year that begins on or after July 1, 2019, the service

 

 

HB4959 Enrolled- 63 -LRB103 36303 SPS 66401 b

1retirement pension shall thereupon be cancelled.
2    The Board of the Fund shall adopt rules for the
3implementation and administration of this subsection.
4    (c-6) For school years beginning on or after July 1, 2022
5and before July 1, 2027 2024, the service retirement pension
6shall not be cancelled in the case of a service retirement
7pensioner who is re-employed as a teacher or an administrator
8on a temporary and non-annual basis or on an hourly basis, so
9long as the person does not work as a teacher or an
10administrator for compensation on more than 140 days in a
11school year. Such re-employment does not require
12contributions, result in service credit, or constitute active
13membership in the Fund.
14    (c-7) For school years beginning on or after July 1, 2027
152024, the service retirement pension shall not be cancelled in
16the case of a service retirement pensioner who is re-employed
17as a teacher or an administrator on a temporary and non-annual
18basis or on an hourly basis, so long as the person does not
19work as a teacher or an administrator for compensation on more
20than 120 days in a school year. Such re-employment does not
21require contributions, result in service credit, or constitute
22active membership in the Fund.
23    (c-10) Until June 30, 2027 2024, the service retirement
24pension of a service retirement pensioner shall not be
25cancelled if the service retirement pensioner is employed in a
26subject shortage area and the Employer that is employing the

 

 

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1service 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
23employment with the Employer because of documented illness,
24injury, or disability that occurred after being hired by the
25Employer under this subsection is exempt from the provisions
26of paragraph (2) for 90 school days. However, the Employer

 

 

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1must on an ongoing basis comply with items (i), (ii), and (iii)
2of paragraph (2).
3    The Employer must submit documentation of its compliance
4with this subsection to the regional superintendent. Upon
5receiving satisfactory documentation from the Employer, the
6regional superintendent shall certify the Employer's
7compliance with this subsection to the Fund.
8    (d) Notwithstanding Sections 1-103.1 and 17-157, the
9changes to this Section made by Public Act 90-32 apply without
10regard to whether termination of service occurred before the
11effective date of that Act and apply retroactively to August
1223, 1989.
13    Notwithstanding Sections 1-103.1 and 17-157, the changes
14to this Section and Section 17-106 made by Public Act 92-599
15apply without regard to whether termination of service
16occurred before June 28, 2002 (the effective date of Public
17Act 92-599).
18    Notwithstanding Sections 1-103.1 and 17-157, the changes
19to this Section made by Public Act 97-912 apply without regard
20to whether termination of service occurred before August 8,
212012 (the effective date of Public Act 97-912).
22(Source: P.A. 102-1013, eff. 5-27-22; 102-1090, eff. 6-10-22;
23103-154, eff. 6-30-23.)
 
24    Section 3-25. The Law Enforcement Camera Grant Act is
25amended by changing Section 10 as follows:
 

 

 

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1    (50 ILCS 707/10)
2    Sec. 10. Law Enforcement Camera Grant Fund; creation,
3rules.
4    (a) The Law Enforcement Camera Grant Fund is created as a
5special fund in the State treasury. From appropriations to the
6Board from the Fund, the Board must make grants to units of
7local government in Illinois and Illinois public universities
8for the purpose of (1) purchasing or leasing in-car video
9cameras for use in law enforcement vehicles, (2) purchasing or
10leasing officer-worn body cameras and associated technology
11for law enforcement officers, and (3) training for law
12enforcement officers in the operation of the cameras. Grants
13under this Section may be used to offset data storage and
14related licensing costs for officer-worn body cameras. For the
15purposes of this Section, "purchasing or leasing" includes
16providing funding to units of local government in advance that
17can be used to obtain this equipment rather than only for
18reimbursement of purchased equipment.
19    Moneys received for the purposes of this Section,
20including, without limitation, fee receipts and gifts, grants,
21and awards from any public or private entity, must be
22deposited into the Fund. Any interest earned on moneys in the
23Fund must be deposited into the Fund.
24    (b) The Board may set requirements for the distribution of
25grant moneys and determine which law enforcement agencies are

 

 

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1eligible.
2    (b-5) The Board shall consider compliance with the Uniform
3Crime 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
12by 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
16limitations of funds appropriated by the Illinois General
17Assembly together with other funds made available by the
18federal government or other sources for this purpose. This
19program of State grants shall be administered by the State
20Librarian in accordance with rules and regulations as provided
21in Section 3 of this Act and shall include the following: (i)
22annual equalization grants; (ii) Library System grants; (iii)
23per capita grants to public libraries; and (iv) planning and
24construction grants to public libraries and library systems.

 

 

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1Libraries, in order to be eligible for grants under this
2Section, must be members of a library system.
3    (b) An annual equalization grant shall be made to all
4public libraries for which the corporate authorities levy a
5tax for library purposes at a rate not less than .13% of the
6value of all the taxable property as equalized and assessed by
7the Department of Revenue if the amount of tax revenue
8obtained from a rate of .13% produces less than $17.50 per
9capita in property tax revenue from property taxes for Fiscal
10Year 2025 (i) $4.25 per capita in property tax revenue from
11property taxes for the 2006 taxable year payable in 2007 and
12(ii) $7.50 per capita in property tax revenue from property
13taxes for the 2007 taxable year and thereafter. In that case,
14the State Librarian is authorized to make an equalization
15grant equivalent to the difference between the amount obtained
16from a rate of .13% and an annual income of $17.50 per capita
17for grants made in Fiscal Year 2025 $4.25 per capita for grants
18made through Fiscal Year 2008, and an annual income of $7.50
19per capita for grants made in Fiscal Year 2009 and thereafter.
20If moneys appropriated for grants under this Section are not
21sufficient, then the State Librarian shall reduce the per
22capita amount of the grants so that the qualifying public
23libraries receive the same amount per capita, but in no event
24shall the grant be less than equivalent to the difference
25between the amount of the tax revenue obtained from the
26current levy and an annual income of $4.25 per capita. If a

 

 

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1library receiving an equalization grant reduces its tax levy
2below the amount levied at the time the original application
3is approved, it shall be ineligible to receive further
4equalization grants.
5    If a library is subject to the Property Tax Extension
6Limitation Law in the Property Tax Code and its tax levy for
7library purposes has been lowered to a rate of less than .13%,
8the library will qualify for this grant if the library levied a
9tax for library purposes that met the requirements for this
10grant in the previous year and if the tax levied for library
11purposes in the current year produces tax revenue for the
12library that is an increase over the previous year's extension
13of 5% or the percentage increase in the Consumer Price Index,
14whichever is less, and the tax revenue produced by this levy is
15less than $17.50 per capita in property tax revenue from
16property taxes for the Fiscal Year 2025 (i) $4.25 per capita in
17property tax revenue from property taxes for the 2006 taxable
18year payable in 2007 and (ii) $7.50 per capita in property tax
19revenue from property taxes for the 2007 taxable year and
20thereafter. In this case, the State Librarian is authorized to
21make an equalization grant equivalent to the difference
22between the amount of tax revenue obtained from the current
23levy and an annual income of $17.50 per capita for grants made
24in Fiscal Year 2025 $4.25 per capita for grants made through
25Fiscal Year 2008, and an annual income of $7.50 per capita for
26grants made in Fiscal Year 2009 and thereafter. If moneys

 

 

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1appropriated for grants under this Section are not sufficient,
2then the State Librarian shall reduce the per capita amount of
3the grants so that the qualifying public libraries receive the
4same amount per capita, but in no event shall the grant be less
5than equivalent to the difference between the amount of the
6tax revenue obtained from the current levy and an annual
7income of $4.25 per capita. If a library receiving an
8equalization grant reduces its tax levy below the amount
9levied at the time the original application is approved, it
10shall be ineligible to receive further equalization grants.
11    (c) Annual Library System grants shall be made, upon
12application, to each library system approved by the State
13Librarian 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
10expending annual Library System grants means the area that
11lies within the geographic boundaries of the library system as
12approved by the State Librarian, except that grant funding
13awarded to a library system may also be expended for the
14provision of services to members of other library systems if
15such an expenditure is included in a library system's plan of
16service and is approved by the State Librarian. In determining
17the population of the area served by the library system, the
18Illinois State Library shall use the latest federal census for
19the political subdivisions in the area served.
20    (e) In order to be eligible for a grant under this Section,
21the corporate authorities, instead of a tax levy at a
22particular rate, may provide an amount equivalent to the
23amount 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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1Section 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
4school district or State-authorized charter school,
5maintaining a school, transporting resident pupils to another
6school district's vocational program, offered through a joint
7agreement approved by the State Board of Education, as
8provided in Section 10-22.22 or transporting its resident
9pupils to a school which meets the standards for recognition
10as established by the State Board of Education which provides
11transportation meeting the standards of safety, comfort,
12convenience, efficiency and operation prescribed by the State
13Board of Education for resident pupils in kindergarten or any
14of grades 1 through 12 who: (a) reside at least 1 1/2 miles as
15measured by the customary route of travel, from the school
16attended; or (b) reside in areas where conditions are such
17that walking constitutes a hazard to the safety of the child
18when determined under Section 29-3; and (c) are transported to
19the school attended from pick-up points at the beginning of
20the school day and back again at the close of the school day or
21transported to and from their assigned attendance centers
22during the school day, shall be reimbursed by the State as
23hereinafter provided in this Section.
24    The State will pay the prorated allowable cost of
25transporting eligible pupils less the real equalized assessed

 

 

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1valuation as computed under paragraph (3) of subsection (d) of
2Section 18-8.15 in a dual school district maintaining
3secondary grades 9 to 12 inclusive times a qualifying rate of
4.05%; in elementary school districts maintaining grades K to 8
5times a qualifying rate of .06%; and in unit districts
6maintaining grades K to 12, including partial elementary unit
7districts formed pursuant to Article 11E, times a qualifying
8rate of .07%. For a State-authorized charter school, the State
9shall pay the prorated allowable cost of transporting eligible
10pupils less a real equalized assessed valuation calculated
11pursuant to this Section times a qualifying rate. For purposes
12of calculating the real equalized assessed valuation for a
13State-authorized charter school whose resident district is not
14a school district organized under Article 34 of this Code, the
15State Board of Education shall calculate the average of the
16number of students in grades kindergarten through 12 reported
17as enrolled in the charter school in the State Board's Student
18Information System on October 1 and March 1 of the immediately
19preceding school year. That value shall be divided by the
20average of the number of students in grades kindergarten
21through 12 reported as enrolled in the charter school's
22resident district on October 1 and March 1 of the immediately
23preceding school year. That proportion shall be multiplied by
24the real equalized assessed valuation as computed under
25paragraph (3) of subsection (d) of Section 18-8.15 for each
26State-authorized charter school's applicable resident

 

 

HB4959 Enrolled- 74 -LRB103 36303 SPS 66401 b

1district. A State-authorized charter school whose resident
2district is organized under Article 34 of this Code shall have
3a real equalized assessed valuation equal to the real
4equalized assessed valuation of its resident district as
5computed under paragraph (3) of subsection (d) of Section
618-8.15. A State-authorized charter school's qualifying rate
7shall be the same as the rate that applies to the charter
8school's resident district.
9    To be eligible to receive reimbursement in excess of 4/5
10of the cost to transport eligible pupils, a school district or
11partial elementary unit district formed pursuant to Article
1211E shall have a Transportation Fund tax rate of at least .12%.
13The Transportation Fund tax rate for a partial elementary unit
14district formed pursuant Article 11E shall be the combined
15elementary and high school rates pursuant to paragraph (4) of
16subsection (a) of Section 18-8.15.
17    If a school district or partial elementary unit district
18formed pursuant to Article 11E does not have a .12%
19Transportation Fund tax rate, the amount of its claim in
20excess of 4/5 of the cost of transporting pupils shall be
21reduced by the sum arrived at by subtracting the
22Transportation Fund tax rate from .12% and multiplying that
23amount by the district's real equalized assessed valuation as
24computed under paragraph (3) of subsection (d) of Section
2518-8.15, provided that in no case shall said reduction result
26in reimbursement of less than 4/5 of the cost to transport

 

 

HB4959 Enrolled- 75 -LRB103 36303 SPS 66401 b

1eligible pupils. No such adjustment may be applied to a claim
2filed by a State-authorized charter school.
3    Subject to the calculation of equalized assessed
4valuation, an adjustment for an insufficient tax rate, and the
5use of a qualifying rate as provided in this Section, a
6State-authorized charter school may make a claim for
7reimbursement by the State that is calculated in the same
8manner as a school district.
9    The minimum amount to be received by a district is $16
10times the number of eligible pupils transported.
11    When calculating the reimbursement for transportation
12costs, the State Board of Education may not deduct the number
13of pupils enrolled in early education programs from the number
14of pupils eligible for reimbursement if the pupils enrolled in
15the early education programs are transported at the same time
16as other eligible pupils.
17    Any such district transporting resident pupils during the
18school day to an area vocational school or another school
19district's vocational program more than 1 1/2 miles from the
20school attended, as provided in Sections 10-22.20a and
2110-22.22, shall be reimbursed by the State for 4/5 of the cost
22of transporting eligible pupils.
23    School day means that period of time during which the
24pupil is required to be in attendance for instructional
25purposes.
26    If a pupil is at a location within the school district

 

 

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1other than his residence for child care purposes at the time
2for transportation to school, that location may be considered
3for purposes of determining the 1 1/2 miles from the school
4attended.
5    Claims for reimbursement that include children who attend
6any school other than a public school shall show the number of
7such children transported.
8    Claims for reimbursement under this Section shall not be
9paid for the transportation of pupils for whom transportation
10costs are claimed for payment under other Sections of this
11Act.
12    The allowable direct cost of transporting pupils for
13regular, vocational, and special education pupil
14transportation shall be limited to the sum of the cost of
15physical examinations required for employment as a school bus
16driver; the salaries of full-time or part-time drivers and
17school bus maintenance personnel; employee benefits excluding
18Illinois municipal retirement payments, social security
19payments, unemployment insurance payments and workers'
20compensation insurance premiums; expenditures to independent
21carriers who operate school buses; payments to other school
22districts for pupil transportation services; pre-approved
23contractual expenditures for computerized bus scheduling;
24expenditures for housing assistance and homeless prevention
25under Sections 1-17 and 1-18 of the Education for Homeless
26Children Act that are not in excess of the school district's

 

 

HB4959 Enrolled- 77 -LRB103 36303 SPS 66401 b

1actual costs for providing transportation services and are not
2otherwise claimed in another State or federal grant that
3permits those costs to a parent, a legal guardian, any other
4person who enrolled a pupil, or a homeless assistance agency
5that is part of the federal McKinney-Vento Homeless Assistance
6Act's continuum of care for the area in which the district is
7located; the cost of gasoline, oil, tires, and other supplies
8necessary for the operation of school buses; the cost of
9converting buses' gasoline engines to more fuel efficient
10engines or to engines which use alternative energy sources;
11the cost of travel to meetings and workshops conducted by the
12regional superintendent or the State Superintendent of
13Education pursuant to the standards established by the
14Secretary of State under Section 6-106 of the Illinois Vehicle
15Code to improve the driving skills of school bus drivers; the
16cost of maintenance of school buses including parts and
17materials used; expenditures for leasing transportation
18vehicles, except interest and service charges; the cost of
19insurance and licenses for transportation vehicles;
20expenditures for the rental of transportation equipment; plus
21a depreciation allowance of 20% for 5 years for school buses
22and vehicles approved for transporting pupils to and from
23school and a depreciation allowance of 10% for 10 years for
24other transportation equipment so used. Each school year, if a
25school district has made expenditures to the Regional
26Transportation Authority or any of its service boards, a mass

 

 

HB4959 Enrolled- 78 -LRB103 36303 SPS 66401 b

1transit district, or an urban transportation district under an
2intergovernmental agreement with the district to provide for
3the transportation of pupils and if the public transit carrier
4received direct payment for services or passes from a school
5district within its service area during the 2000-2001 school
6year, then the allowable direct cost of transporting pupils
7for regular, vocational, and special education pupil
8transportation shall also include the expenditures that the
9district has made to the public transit carrier. In addition
10to the above allowable costs, school districts shall also
11claim all transportation supervisory salary costs, including
12Illinois municipal retirement payments, and all transportation
13related building and building maintenance costs without
14limitation.
15    Special education allowable costs shall also include
16expenditures for the salaries of attendants or aides for that
17portion of the time they assist special education pupils while
18in transit and expenditures for parents and public carriers
19for transporting special education pupils when pre-approved by
20the State Superintendent of Education.
21    Indirect costs shall be included in the reimbursement
22claim for districts which own and operate their own school
23buses. Such indirect costs shall include administrative costs,
24or any costs attributable to transporting pupils from their
25attendance centers to another school building for
26instructional purposes. No school district which owns and

 

 

HB4959 Enrolled- 79 -LRB103 36303 SPS 66401 b

1operates its own school buses may claim reimbursement for
2indirect costs which exceed 5% of the total allowable direct
3costs for pupil transportation.
4    The State Board of Education shall prescribe uniform
5regulations for determining the above standards and shall
6prescribe forms of cost accounting and standards of
7determining reasonable depreciation. Such depreciation shall
8include the cost of equipping school buses with the safety
9features required by law or by the rules, regulations and
10standards promulgated by the State Board of Education, and the
11Department of Transportation for the safety and construction
12of school buses provided, however, any equipment cost
13reimbursed by the Department of Transportation for equipping
14school buses with such safety equipment shall be deducted from
15the allowable cost in the computation of reimbursement under
16this Section in the same percentage as the cost of the
17equipment is depreciated.
18    On or before August 15, annually, the chief school
19administrator for the district shall certify to the State
20Superintendent of Education the district's claim for
21reimbursement for the school year ending on June 30 next
22preceding. The State Superintendent of Education shall check
23and approve the claims and prepare the vouchers showing the
24amounts due for district reimbursement claims. Each fiscal
25year, the State Superintendent of Education shall prepare and
26transmit the first 3 vouchers to the Comptroller on the 30th

 

 

HB4959 Enrolled- 80 -LRB103 36303 SPS 66401 b

1day of September, December and March, respectively, and the
2final voucher, no later than June 20.
3    If the amount appropriated for transportation
4reimbursement is insufficient to fund total claims for any
5fiscal year, the State Board of Education shall reduce each
6school district's allowable costs and flat grant amount
7proportionately to make total adjusted claims equal the total
8amount appropriated.
9    For purposes of calculating claims for reimbursement under
10this Section for any school year beginning July 1, 2016, the
11equalized assessed valuation for a school district or partial
12elementary unit district formed pursuant to Article 11E used
13to compute reimbursement shall be the real equalized assessed
14valuation as computed under paragraph (3) of subsection (d) of
15Section 18-8.15.
16    All reimbursements received from the State shall be
17deposited into the district's transportation fund or into the
18fund from which the allowable expenditures were made.
19    Notwithstanding any other provision of law, any school
20district receiving a payment under this Section or under
21Section 14-7.02, 14-7.02b, or 14-13.01 of this Code may
22classify all or a portion of the funds that it receives in a
23particular fiscal year or from State aid pursuant to Section
2418-8.15 of this Code as funds received in connection with any
25funding program for which it is entitled to receive funds from
26the State in that fiscal year (including, without limitation,

 

 

HB4959 Enrolled- 81 -LRB103 36303 SPS 66401 b

1any funding program referenced in this Section), regardless of
2the source or timing of the receipt. The district may not
3classify more funds as funds received in connection with the
4funding program than the district is entitled to receive in
5that fiscal year for that program. Any classification by a
6district must be made by a resolution of its board of
7education. The resolution must identify the amount of any
8payments or general State aid to be classified under this
9paragraph and must specify the funding program to which the
10funds are to be treated as received in connection therewith.
11This resolution is controlling as to the classification of
12funds referenced therein. A certified copy of the resolution
13must be sent to the State Superintendent of Education. The
14resolution shall still take effect even though a copy of the
15resolution has not been sent to the State Superintendent of
16Education in a timely manner. No classification under this
17paragraph by a district shall affect the total amount or
18timing of money the district is entitled to receive under this
19Code. No classification under this paragraph by a district
20shall in any way relieve the district from or affect any
21requirements that otherwise would apply with respect to that
22funding program, including any accounting of funds by source,
23reporting expenditures by original source and purpose,
24reporting requirements, or requirements of providing services.
25    Any school district with a population of not more than
26500,000 must deposit all funds received under this Article

 

 

HB4959 Enrolled- 82 -LRB103 36303 SPS 66401 b

1into the transportation fund and use those funds for the
2provision 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
5Equity Act is amended by changing Sections 15, 20, 25, and 30
6as follows:
 
7    (110 ILCS 28/15)
8    Sec. 15. Creation of Consortium; purpose; administrative
9support.
10    (a) The Board of Higher Education and the Illinois
11Community College Board shall create and establish the Early
12Childhood Access Consortium for Equity.
13    (b) The purpose of the Consortium is to serve the needs of
14the incumbent early childhood workforce and the employers of
15early childhood educators and to advance racial equity while
16meeting the needs of employers by streamlining, coordinating,
17and improving the accessibility of degree completion pathways
18for upskilling and the sustained expansion of educational
19pipelines at Illinois institutions of higher education.
20    (c) The Board of Higher Education and the Illinois
21Community College Board shall convene the member institutions
22by July 1, 2021 or within 60 days after the effective date of
23this amendatory Act of the 102nd General Assembly. The Board
24of Higher Education and the Illinois Community College Board

 

 

HB4959 Enrolled- 83 -LRB103 36303 SPS 66401 b

1shall provide administrative support for the start up and
2operation of the Consortium until a permanent governance
3structure is developed and implemented. The Board of Higher
4Education and the Illinois Community College Board shall work
5with member institutions to establish geographic regional
6hubs, including public universities and the proximate
7community 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
12universities and community colleges in this State that offer
13early childhood programs. Membership by private,
14not-for-profit universities is optional and conditional on the
15acceptance of the terms adopted by the public members, the
16related administrative rules, and the provisions of this Act.
17For-profit institutions of higher education are not eligible
18for membership in the Consortium. Participating institutions
19must be accredited by the Higher Learning Commission and
20entitled to offer Gateways Credentials.
21    (b) The members of the Consortium shall operate jointly
22and in cooperation through regional hubs to provide
23streamlined paths for students to attain associate degrees,
24bachelor's degrees, master's degrees, certificates, and
25Gateways Credentials and other licensure endorsements in early

 

 

HB4959 Enrolled- 84 -LRB103 36303 SPS 66401 b

1childhood education. The priority shall be to focus on the
2incumbent workforce, which includes working adults who require
3programs of study that offer flexibility in the times courses
4are offered, location, and format. The Consortium shall
5cooperate 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.

 

 

HB4959 Enrolled- 85 -LRB103 36303 SPS 66401 b

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
21assign college credit for the incumbent workers who have a
22Child Development Associate (CDA) credential and for future
23workers obtaining a CDA.
24    (c) The Consortium may facilitate or implement the
25following if deemed beneficial and feasible:
26        (1) the creation of an open education resource

 

 

HB4959 Enrolled- 86 -LRB103 36303 SPS 66401 b

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
14College Board, the State Board of Education, the Department of
15Human Services, and the Governor's Office of Early Childhood
16Development shall jointly convene a Consortium advisory
17committee to provide guidance on the operation of the
18Consortium.
19    (b) Membership on the advisory committee shall be
20comprised of employers and experts appointed by the Board of
21Higher Education, the Illinois Community College Board, the
22Governor's Office of Early Childhood Development, and the
23State Board of Education. Membership shall also include all of
24the 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

 

 

HB4959 Enrolled- 88 -LRB103 36303 SPS 66401 b

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
9year quarterly. The committee meetings shall be open to the
10public in accordance with the provisions of the Open Meetings
11Act.
12    (d) Except for the co-chairpersons of the advisory
13committee, the initial terms for advisory committee members
14after the effective date of this amendatory Act of the 103rd
15General Assembly shall be set by lottery at the first meeting
16after the effective date of this amendatory Act of the 103rd
17General 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
22committee shall be for 3 years.
23    (f) After the initial term, each subsequent term for the
24members of the advisory committee shall be for 3 years or until
25a successor is appointed.
26    (g) The members of the advisory committee shall serve

 

 

HB4959 Enrolled- 91 -LRB103 36303 SPS 66401 b

1without compensation, but shall be entitled to reimbursement
2for all necessary expenses incurred in the performance of
3their official duties as members of the advisory committee
4from 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
8General Assembly, to the Senate and House Committees with
9oversight over higher education, to the Governor, and to the
10advisory committee on the progress made by the Consortium. A
11report must include, but is not limited to, all of the
12following 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

 

 

HB4959 Enrolled- 92 -LRB103 36303 SPS 66401 b

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

 

 

HB4959 Enrolled- 93 -LRB103 36303 SPS 66401 b

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
6is 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
9Scholarship Program.
10    (a) As used in this Section, "incumbent workforce" has the
11meaning ascribed to that term in the Early Childhood Access
12Consortium for Equity Act.
13    (b) Subject to appropriation, the Commission shall
14implement and administer an early childhood educator
15scholarship program, to be known as the Early Childhood Access
16Consortium for Equity Scholarship Program. Under the Program,
17the Commission shall annually award scholarships to early
18childhood education students enrolled in institutions of
19higher education participating in the Early Childhood Access
20Consortium for Equity under the Early Childhood Access
21Consortium for Equity Act with preference given to members of
22the incumbent workforce.
23    (c) To ensure alignment with Consortium goals and changing
24workforce needs, the Commission shall work in partnership with

 

 

HB4959 Enrolled- 94 -LRB103 36303 SPS 66401 b

1the Board of Higher Education and the Illinois Community
2College Board in program design, and the Board of Higher
3Education and the Illinois Community College Board shall
4solicit feedback from the Consortium advisory committee
5established under Section 25 of the Early Childhood Access
6Consortium for Equity Act.
7    (d) In awarding a scholarship under this Section, the
8Commission may give preference to applicants who received a
9scholarship under this Section during the prior academic year,
10to applicants with financial need, or both.
11    (e) Prior to receiving scholarship assistance for any
12academic year, each recipient of a scholarship awarded under
13this Section shall be required by the Commission to sign an
14agreement under which the recipient pledges to continue or
15return to teaching or direct services in the early childhood
16care and education field in this State after they complete
17their program of study.
18    (f) The Commission may adopt any rules necessary to
19implement and administer the Program.
 
20    Section 3-45. The Illinois Horse Racing Act of 1975 is
21amended 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

 

 

HB4959 Enrolled- 95 -LRB103 36303 SPS 66401 b

1Department of Revenue and the Racing Board pursuant to Section
226 or Section 27 of this Act shall be deposited into the Horse
3Racing Fund, which is hereby created as a special fund in the
4State Treasury.
5    (b) Appropriations, as approved by the General Assembly,
6may be made from the Horse Racing Fund to the Board to pay the
7salaries of the Board members, secretary, stewards, directors
8of mutuels, veterinarians, representatives, accountants,
9clerks, stenographers, inspectors and other employees of the
10Board, and all expenses of the Board incident to the
11administration of this Act, including, but not limited to, all
12expenses and salaries incident to the taking of saliva and
13urine samples in accordance with the rules and regulations of
14the Board.
15    (c) (Blank).
16    (d) Beginning January 1, 2000, payments to all programs in
17existence on the effective date of this amendatory Act of 1999
18that are identified in Sections 26(c), 26(f), 26(h)(11)(C),
19and 28, subsections (a), (b), (c), (d), (e), (f), (g), and (h)
20of Section 30, and subsections (a), (b), (c), (d), (e), (f),
21(g), and (h) of Section 31 shall be made from the General
22Revenue Fund at the funding levels determined by amounts paid
23under this Act in calendar year 1998. Beginning on the
24effective date of this amendatory Act of the 93rd General
25Assembly, payments to the Peoria Park District shall be made
26from the General Revenue Fund at the funding level determined

 

 

HB4959 Enrolled- 96 -LRB103 36303 SPS 66401 b

1by amounts paid to that park district for museum purposes
2under this Act in calendar year 1994.
3    If an inter-track wagering location licensee's facility
4changes its location, then the payments associated with that
5facility under this subsection (d) for museum purposes shall
6be paid to the park district in the area where the facility
7relocates, and the payments shall be used for museum purposes.
8If the facility does not relocate to a park district, then the
9payments shall be paid to the taxing district that is
10responsible for park or museum expenditures.
11    (e) Beginning July 1, 2006, the payment authorized under
12subsection (d) to museums and aquariums located in park
13districts of over 500,000 population shall be paid to museums,
14aquariums, and zoos in amounts determined by Museums in the
15Park, an association of museums, aquariums, and zoos located
16on Chicago Park District property.
17    (f) Beginning July 1, 2007, the Children's Discovery
18Museum in Normal, Illinois shall receive payments from the
19General Revenue Fund at the funding level determined by the
20amounts paid to the Miller Park Zoo in Bloomington, Illinois
21under this Section in calendar year 2006.
22    (g) On July 3, 2024 2023, the Comptroller shall order
23transferred and the Treasurer shall transfer $3,200,000
24$5,100,000 from the Horse Racing Fund to the Horse Racing
25Purse Equity Fund.
26(Source: P.A. 102-16, eff. 6-17-21; 103-8, eff. 7-1-23.)
 

 

 

HB4959 Enrolled- 97 -LRB103 36303 SPS 66401 b

1    Section 3-50. The Illinois Public Aid Code is amended by
2changing 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 -
5Department of Healthcare and Family Services. The Department
6of Healthcare and Family Services shall develop standards of
7payment of nursing facility and ICF/DD services in facilities
8providing such services under this Article which:
9    (1) Provide for the determination of a facility's payment
10for nursing facility or ICF/DD services on a prospective
11basis. The amount of the payment rate for all nursing
12facilities certified by the Department of Public Health under
13the ID/DD Community Care Act or the Nursing Home Care Act as
14Intermediate Care for the Developmentally Disabled facilities,
15Long Term Care for Under Age 22 facilities, Skilled Nursing
16facilities, or Intermediate Care facilities under the medical
17assistance program shall be prospectively established annually
18on the basis of historical, financial, and statistical data
19reflecting actual costs from prior years, which shall be
20applied to the current rate year and updated for inflation,
21except that the capital cost element for newly constructed
22facilities shall be based upon projected budgets. The annually
23established payment rate shall take effect on July 1 in 1984
24and subsequent years. No rate increase and no update for

 

 

HB4959 Enrolled- 98 -LRB103 36303 SPS 66401 b

1inflation shall be provided on or after July 1, 1994, unless
2specifically provided for in this Section. The changes made by
3Public Act 93-841 extending the duration of the prohibition
4against a rate increase or update for inflation are effective
5retroactive to July 1, 2004.
6    For facilities licensed by the Department of Public Health
7under the Nursing Home Care Act as Intermediate Care for the
8Developmentally Disabled facilities or Long Term Care for
9Under Age 22 facilities, the rates taking effect on July 1,
101998 shall include an increase of 3%. For facilities licensed
11by the Department of Public Health under the Nursing Home Care
12Act as Skilled Nursing facilities or Intermediate Care
13facilities, the rates taking effect on July 1, 1998 shall
14include an increase of 3% plus $1.10 per resident-day, as
15defined by the Department. For facilities licensed by the
16Department of Public Health under the Nursing Home Care Act as
17Intermediate Care Facilities for the Developmentally Disabled
18or Long Term Care for Under Age 22 facilities, the rates taking
19effect on January 1, 2006 shall include an increase of 3%. For
20facilities licensed by the Department of Public Health under
21the Nursing Home Care Act as Intermediate Care Facilities for
22the Developmentally Disabled or Long Term Care for Under Age
2322 facilities, the rates taking effect on January 1, 2009
24shall include an increase sufficient to provide a $0.50 per
25hour wage increase for non-executive staff. For facilities
26licensed by the Department of Public Health under the ID/DD

 

 

HB4959 Enrolled- 99 -LRB103 36303 SPS 66401 b

1Community Care Act as ID/DD Facilities the rates taking effect
2within 30 days after July 6, 2017 (the effective date of Public
3Act 100-23) shall include an increase sufficient to provide a
4$0.75 per hour wage increase for non-executive staff. The
5Department shall adopt rules, including emergency rules under
6subsection (y) of Section 5-45 of the Illinois Administrative
7Procedure Act, to implement the provisions of this paragraph.
8For facilities licensed by the Department of Public Health
9under the ID/DD Community Care Act as ID/DD Facilities and
10under the MC/DD Act as MC/DD Facilities, the rates taking
11effect within 30 days after June 5, 2019 (the effective date of
12Public Act 101-10) shall include an increase sufficient to
13provide a $0.50 per hour wage increase for non-executive
14front-line personnel, including, but not limited to, direct
15support persons, aides, front-line supervisors, qualified
16intellectual disabilities professionals, nurses, and
17non-administrative support staff. The Department shall adopt
18rules, including emergency rules under subsection (bb) of
19Section 5-45 of the Illinois Administrative Procedure Act, to
20implement the provisions of this paragraph.
21    For facilities licensed by the Department of Public Health
22under the Nursing Home Care Act as Intermediate Care for the
23Developmentally Disabled facilities or Long Term Care for
24Under Age 22 facilities, the rates taking effect on July 1,
251999 shall include an increase of 1.6% plus $3.00 per
26resident-day, as defined by the Department. For facilities

 

 

HB4959 Enrolled- 100 -LRB103 36303 SPS 66401 b

1licensed by the Department of Public Health under the Nursing
2Home Care Act as Skilled Nursing facilities or Intermediate
3Care facilities, the rates taking effect on July 1, 1999 shall
4include an increase of 1.6% and, for services provided on or
5after October 1, 1999, shall be increased by $4.00 per
6resident-day, as defined by the Department.
7    For facilities licensed by the Department of Public Health
8under the Nursing Home Care Act as Intermediate Care for the
9Developmentally Disabled facilities or Long Term Care for
10Under Age 22 facilities, the rates taking effect on July 1,
112000 shall include an increase of 2.5% per resident-day, as
12defined by the Department. For facilities licensed by the
13Department of Public Health under the Nursing Home Care Act as
14Skilled Nursing facilities or Intermediate Care facilities,
15the rates taking effect on July 1, 2000 shall include an
16increase of 2.5% per resident-day, as defined by the
17Department.
18    For facilities licensed by the Department of Public Health
19under the Nursing Home Care Act as skilled nursing facilities
20or intermediate care facilities, a new payment methodology
21must be implemented for the nursing component of the rate
22effective July 1, 2003. The Department of Public Aid (now
23Healthcare and Family Services) shall develop the new payment
24methodology using the Minimum Data Set (MDS) as the instrument
25to collect information concerning nursing home resident
26condition necessary to compute the rate. The Department shall

 

 

HB4959 Enrolled- 101 -LRB103 36303 SPS 66401 b

1develop the new payment methodology to meet the unique needs
2of Illinois nursing home residents while remaining subject to
3the appropriations provided by the General Assembly. A
4transition period from the payment methodology in effect on
5June 30, 2003 to the payment methodology in effect on July 1,
62003 shall be provided for a period not exceeding 3 years and
7184 days after implementation of the new payment methodology
8as 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

 

 

HB4959 Enrolled- 102 -LRB103 36303 SPS 66401 b

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
5under the Nursing Home Care Act as Intermediate Care for the
6Developmentally Disabled facilities or Long Term Care for
7Under Age 22 facilities, the rates taking effect on March 1,
82001 shall include a statewide increase of 7.85%, as defined
9by the Department.
10    Notwithstanding any other provision of this Section, for
11facilities licensed by the Department of Public Health under
12the Nursing Home Care Act as skilled nursing facilities or
13intermediate care facilities, except facilities participating
14in the Department's demonstration program pursuant to the
15provisions of Title 77, Part 300, Subpart T of the Illinois
16Administrative Code, the numerator of the ratio used by the
17Department of Healthcare and Family Services to compute the
18rate payable under this Section using the Minimum Data Set
19(MDS) methodology shall incorporate the following annual
20amounts as the additional funds appropriated to the Department
21specifically to pay for rates based on the MDS nursing
22component methodology in excess of the funding in effect on
23December 31, 2006:
24        (i) For rates taking effect January 1, 2007,
25    $60,000,000.
26        (ii) For rates taking effect January 1, 2008,

 

 

HB4959 Enrolled- 103 -LRB103 36303 SPS 66401 b

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
17facilities licensed by the Department of Public Health under
18the Nursing Home Care Act as skilled nursing facilities or
19intermediate care facilities, the support component of the
20rates taking effect on January 1, 2008 shall be computed using
21the most recent cost reports on file with the Department of
22Healthcare and Family Services no later than April 1, 2005,
23updated for inflation to January 1, 2006.
24    For facilities licensed by the Department of Public Health
25under the Nursing Home Care Act as Intermediate Care for the
26Developmentally Disabled facilities or Long Term Care for

 

 

HB4959 Enrolled- 104 -LRB103 36303 SPS 66401 b

1Under Age 22 facilities, the rates taking effect on April 1,
22002 shall include a statewide increase of 2.0%, as defined by
3the Department. This increase terminates on July 1, 2002;
4beginning July 1, 2002 these rates are reduced to the level of
5the rates in effect on March 31, 2002, as defined by the
6Department.
7    For facilities licensed by the Department of Public Health
8under the Nursing Home Care Act as skilled nursing facilities
9or intermediate care facilities, the rates taking effect on
10July 1, 2001 shall be computed using the most recent cost
11reports on file with the Department of Public Aid no later than
12April 1, 2000, updated for inflation to January 1, 2001. For
13rates effective July 1, 2001 only, rates shall be the greater
14of the rate computed for July 1, 2001 or the rate effective on
15June 30, 2001.
16    Notwithstanding any other provision of this Section, for
17facilities licensed by the Department of Public Health under
18the Nursing Home Care Act as skilled nursing facilities or
19intermediate care facilities, the Illinois Department shall
20determine by rule the rates taking effect on July 1, 2002,
21which shall be 5.9% less than the rates in effect on June 30,
222002.
23    Notwithstanding any other provision of this Section, for
24facilities licensed by the Department of Public Health under
25the Nursing Home Care Act as skilled nursing facilities or
26intermediate care facilities, if the payment methodologies

 

 

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1required under Section 5A-12 and the waiver granted under 42
2CFR 433.68 are approved by the United States Centers for
3Medicare and Medicaid Services, the rates taking effect on
4July 1, 2004 shall be 3.0% greater than the rates in effect on
5June 30, 2004. These rates shall take effect only upon
6approval and implementation of the payment methodologies
7required under Section 5A-12.
8    Notwithstanding any other provisions of this Section, for
9facilities licensed by the Department of Public Health under
10the Nursing Home Care Act as skilled nursing facilities or
11intermediate care facilities, the rates taking effect on
12January 1, 2005 shall be 3% more than the rates in effect on
13December 31, 2004.
14    Notwithstanding any other provision of this Section, for
15facilities licensed by the Department of Public Health under
16the Nursing Home Care Act as skilled nursing facilities or
17intermediate care facilities, effective January 1, 2009, the
18per diem support component of the rates effective on January
191, 2008, computed using the most recent cost reports on file
20with the Department of Healthcare and Family Services no later
21than April 1, 2005, updated for inflation to January 1, 2006,
22shall be increased to the amount that would have been derived
23using standard Department of Healthcare and Family Services
24methods, procedures, and inflators.
25    Notwithstanding any other provisions of this Section, for
26facilities licensed by the Department of Public Health under

 

 

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1the Nursing Home Care Act as intermediate care facilities that
2are federally defined as Institutions for Mental Disease, or
3facilities licensed by the Department of Public Health under
4the Specialized Mental Health Rehabilitation Act of 2013, a
5socio-development component rate equal to 6.6% of the
6facility's nursing component rate as of January 1, 2006 shall
7be established and paid effective July 1, 2006. The
8socio-development component of the rate shall be increased by
9a factor of 2.53 on the first day of the month that begins at
10least 45 days after January 11, 2008 (the effective date of
11Public Act 95-707). As of August 1, 2008, the
12socio-development component rate shall be equal to 6.6% of the
13facility's nursing component rate as of January 1, 2006,
14multiplied by a factor of 3.53. For services provided on or
15after April 1, 2011, or the first day of the month that begins
16at least 45 days after February 16, 2011 (the effective date of
17Public Act 96-1530), whichever is later, the Illinois
18Department may by rule adjust these socio-development
19component rates, and may use different adjustment
20methodologies for those facilities participating, and those
21not participating, in the Illinois Department's demonstration
22program pursuant to the provisions of Title 77, Part 300,
23Subpart T of the Illinois Administrative Code, but in no case
24may such rates be diminished below those in effect on August 1,
252008.
26    For facilities licensed by the Department of Public Health

 

 

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1under the Nursing Home Care Act as Intermediate Care for the
2Developmentally Disabled facilities or as long-term care
3facilities for residents under 22 years of age, the rates
4taking effect on July 1, 2003 shall include a statewide
5increase of 4%, as defined by the Department.
6    For facilities licensed by the Department of Public Health
7under the Nursing Home Care Act as Intermediate Care for the
8Developmentally Disabled facilities or Long Term Care for
9Under Age 22 facilities, the rates taking effect on the first
10day of the month that begins at least 45 days after January 11,
112008 (the effective date of Public Act 95-707) shall include a
12statewide increase of 2.5%, as defined by the Department.
13    Notwithstanding any other provision of this Section, for
14facilities licensed by the Department of Public Health under
15the Nursing Home Care Act as skilled nursing facilities or
16intermediate care facilities, effective January 1, 2005,
17facility rates shall be increased by the difference between
18(i) a facility's per diem property, liability, and malpractice
19insurance costs as reported in the cost report filed with the
20Department of Public Aid and used to establish rates effective
21July 1, 2001 and (ii) those same costs as reported in the
22facility's 2002 cost report. These costs shall be passed
23through to the facility without caps or limitations, except
24for adjustments required under normal auditing procedures.
25    Rates established effective each July 1 shall govern
26payment for services rendered throughout that fiscal year,

 

 

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1except that rates established on July 1, 1996 shall be
2increased by 6.8% for services provided on or after January 1,
31997. Such rates will be based upon the rates calculated for
4the year beginning July 1, 1990, and for subsequent years
5thereafter until June 30, 2001 shall be based on the facility
6cost reports for the facility fiscal year ending at any point
7in time during the previous calendar year, updated to the
8midpoint of the rate year. The cost report shall be on file
9with the Department no later than April 1 of the current rate
10year. Should the cost report not be on file by April 1, the
11Department shall base the rate on the latest cost report filed
12by each skilled care facility and intermediate care facility,
13updated to the midpoint of the current rate year. In
14determining rates for services rendered on and after July 1,
151985, fixed time shall not be computed at less than zero. The
16Department shall not make any alterations of regulations which
17would reduce any component of the Medicaid rate to a level
18below what that component would have been utilizing in the
19rate effective on July 1, 1984.
20    (2) Shall take into account the actual costs incurred by
21facilities in providing services for recipients of skilled
22nursing and intermediate care services under the medical
23assistance program.
24    (3) Shall take into account the medical and psycho-social
25characteristics and needs of the patients.
26    (4) Shall take into account the actual costs incurred by

 

 

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

 

 

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1appropriate State Plan amendment and (ii) the assessment
2imposed by Section 5B-2 of this Code is determined to be a
3permissible tax under Title XIX of the Social Security Act.
4    Beginning January 1, 2014 the methodologies for
5reimbursement of nursing facility services as provided under
6this Section 5-5.4 shall no longer be applicable for services
7provided on or after January 1, 2014.
8    No payment increase under this Section for the MDS
9methodology, exceptional care residents, or the
10socio-development component rate established by Public Act
1196-1530 of the 96th General Assembly and funded by the
12assessment imposed under Section 5B-2 of this Code shall be
13due and payable until after the Department notifies the
14long-term care providers, in writing, that the payment
15methodologies to long-term care providers required under this
16Section have been approved by the Centers for Medicare and
17Medicaid Services of the U.S. Department of Health and Human
18Services and the waivers under 42 CFR 433.68 for the
19assessment imposed by this Section, if necessary, have been
20granted by the Centers for Medicare and Medicaid Services of
21the U.S. Department of Health and Human Services. Upon
22notification to the Department of approval of the payment
23methodologies required under this Section and the waivers
24granted under 42 CFR 433.68, all increased payments otherwise
25due under this Section prior to the date of notification shall
26be due and payable within 90 days of the date federal approval

 

 

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1is received.
2    On and after July 1, 2012, the Department shall reduce any
3rate of reimbursement for services or other payments or alter
4any methodologies authorized by this Code to reduce any rate
5of reimbursement for services or other payments in accordance
6with Section 5-5e.
7    For facilities licensed by the Department of Public Health
8under the ID/DD Community Care Act as ID/DD Facilities and
9under the MC/DD Act as MC/DD Facilities, subject to federal
10approval, the rates taking effect for services delivered on or
11after August 1, 2019 shall be increased by 3.5% over the rates
12in effect on June 30, 2019. The Department shall adopt rules,
13including emergency rules under subsection (ii) of Section
145-45 of the Illinois Administrative Procedure Act, to
15implement the provisions of this Section, including wage
16increases for direct care staff.
17    For facilities licensed by the Department of Public Health
18under the ID/DD Community Care Act as ID/DD Facilities and
19under the MC/DD Act as MC/DD Facilities, subject to federal
20approval, the rates taking effect on the latter of the
21approval date of the State Plan Amendment for these facilities
22or the Waiver Amendment for the home and community-based
23services settings shall include an increase sufficient to
24provide a $0.26 per hour wage increase to the base wage for
25non-executive staff. The Department shall adopt rules,
26including emergency rules as authorized by Section 5-45 of the

 

 

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1Illinois Administrative Procedure Act, to implement the
2provisions of this Section, including wage increases for
3direct care staff.
4    For facilities licensed by the Department of Public Health
5under the ID/DD Community Care Act as ID/DD Facilities and
6under the MC/DD Act as MC/DD Facilities, subject to federal
7approval of the State Plan Amendment and the Waiver Amendment
8for the home and community-based services settings, the rates
9taking effect for the services delivered on or after July 1,
102020 shall include an increase sufficient to provide a $1.00
11per hour wage increase for non-executive staff. For services
12delivered on or after January 1, 2021, subject to federal
13approval of the State Plan Amendment and the Waiver Amendment
14for the home and community-based services settings, shall
15include an increase sufficient to provide a $0.50 per hour
16increase for non-executive staff. The Department shall adopt
17rules, including emergency rules as authorized by Section 5-45
18of the Illinois Administrative Procedure Act, to implement the
19provisions of this Section, including wage increases for
20direct care staff.
21    For facilities licensed by the Department of Public Health
22under the ID/DD Community Care Act as ID/DD Facilities and
23under the MC/DD Act as MC/DD Facilities, subject to federal
24approval of the State Plan Amendment, the rates taking effect
25for the residential services delivered on or after July 1,
262021, shall include an increase sufficient to provide a $0.50

 

 

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1per hour increase for aides in the rate methodology. For
2facilities licensed by the Department of Public Health under
3the ID/DD Community Care Act as ID/DD Facilities and under the
4MC/DD Act as MC/DD Facilities, subject to federal approval of
5the State Plan Amendment, the rates taking effect for the
6residential services delivered on or after January 1, 2022
7shall include an increase sufficient to provide a $1.00 per
8hour increase for aides in the rate methodology. In addition,
9for residential services delivered on or after January 1, 2022
10such rates shall include an increase sufficient to provide
11wages for all residential non-executive direct care staff,
12excluding aides, at the federal Department of Labor, Bureau of
13Labor Statistics' average wage as defined in rule by the
14Department. The Department shall adopt rules, including
15emergency rules as authorized by Section 5-45 of the Illinois
16Administrative Procedure Act, to implement the provisions of
17this Section.
18    For facilities licensed by the Department of Public Health
19under the ID/DD Community Care Act as ID/DD facilities and
20under the MC/DD Act as MC/DD facilities, subject to federal
21approval of the State Plan Amendment, the rates taking effect
22for services delivered on or after January 1, 2023, shall
23include a $1.00 per hour wage increase for all direct support
24personnel and all other frontline personnel who are not
25subject to the Bureau of Labor Statistics' average wage
26increases, who work in residential and community day services

 

 

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1settings, with at least $0.50 of those funds to be provided as
2a direct increase to all aide base wages, with the remaining
3$0.50 to be used flexibly for base wage increases to the rate
4methodology for aides. In addition, for residential services
5delivered on or after January 1, 2023 the rates shall include
6an increase sufficient to provide wages for all residential
7non-executive direct care staff, excluding aides, at the
8federal Department of Labor, Bureau of Labor Statistics'
9average wage as determined by the Department. Also, for
10services delivered on or after January 1, 2023, the rates will
11include adjustments to employment-related expenses as defined
12in rule by the Department. The Department shall adopt rules,
13including emergency rules as authorized by Section 5-45 of the
14Illinois Administrative Procedure Act, to implement the
15provisions of this Section.
16    For facilities licensed by the Department of Public Health
17under the ID/DD Community Care Act as ID/DD facilities and
18under the MC/DD Act as MC/DD facilities, subject to federal
19approval of the State Plan Amendment, the rates taking effect
20for services delivered on or after January 1, 2024 shall
21include a $2.50 per hour wage increase for all direct support
22personnel and all other frontline personnel who are not
23subject to the Bureau of Labor Statistics' average wage
24increases and who work in residential and community day
25services settings. At least $1.25 of the per hour wage
26increase shall be provided as a direct increase to all aide

 

 

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1base wages, and the remaining $1.25 of the per hour wage
2increase shall be used flexibly for base wage increases to the
3rate methodology for aides. In addition, for residential
4services delivered on or after January 1, 2024, the rates
5shall include an increase sufficient to provide wages for all
6residential non-executive direct care staff, excluding aides,
7at the federal Department of Labor, Bureau of Labor
8Statistics' average wage as determined by the Department.
9Also, for services delivered on or after January 1, 2024, the
10rates will include adjustments to employment-related expenses
11as defined in rule by the Department. The Department shall
12adopt rules, including emergency rules as authorized by
13Section 5-45 of the Illinois Administrative Procedure Act, to
14implement the provisions of this Section.
15    For facilities licensed by the Department of Public Health
16under the ID/DD Community Care Act as ID/DD facilities and
17under the MC/DD Act as MC/DD facilities, subject to federal
18approval of a State Plan Amendment, the rates taking effect
19for services delivered on or after January 1, 2025 shall
20include a $1.00 per hour wage increase for all direct support
21personnel and all other frontline personnel who are not
22subject to the Bureau of Labor Statistics' average wage
23increases and who work in residential and community day
24services settings, with at least $0.75 of those funds to be
25provided as a direct increase to all aide base wages and the
26remaining $0.25 to be used flexibly for base wage increases to

 

 

HB4959 Enrolled- 116 -LRB103 36303 SPS 66401 b

1the rate methodology for aides. These increases shall not be
2used by facilities for operational and administrative
3expenses. In addition, for residential services delivered on
4or after January 1, 2025, the rates shall include an increase
5sufficient to provide wages for all residential non-executive
6direct care staff, excluding aides, at the federal Department
7of Labor, Bureau of Labor Statistics' average wage as
8determined by the Department. Also, for services delivered on
9or after January 1, 2025, the rates will include adjustments
10to employment-related expenses as defined in rule by the
11Department. The Department shall adopt rules, including
12emergency rules as authorized by Section 5-45 of the Illinois
13Administrative Procedure Act, to implement the provisions of
14this Section.
15    Notwithstanding any other provision of this Section to the
16contrary, any regional wage adjuster for facilities located
17outside of the counties of Cook, DuPage, Kane, Lake, McHenry,
18and Will shall be no lower than 1.00, and any regional wage
19adjuster for facilities located within the counties of Cook,
20DuPage, Kane, Lake, McHenry, and Will shall be no lower than
211.15.
22(Source: P.A. 102-16, eff. 6-17-21; 102-699, eff. 4-19-22;
23103-8, eff. 6-7-23.)
 
24    Section 3-55. The Homelessness Prevention Act is amended
25by 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
3expenses. On an annual basis, a grantee's administrative costs
4and case management expenses shall not exceed 20% 15% of the
5grant 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
8by 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
13electric school bus categorized by the United States
14Environmental Protection Agency Emissions Classifications,
15using gross vehicle weight ratings, as a Class 2b, 3, 4, 5, 6,
167, or 8 vehicle, with or without a properly ventilated,
17conventionally powered heater.
18    "Eligible purchaser" means a person who the Agency
19determines:
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;

 

 

HB4959 Enrolled- 118 -LRB103 36303 SPS 66401 b

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
9given in the Energy Transition Act.
10    "Program" means the Fleet Electrification Incentive
11Program established under this Section.
12    "Purchaser" means a fleet owner, operator, or provider
13that will operate or manage the vehicle for a minimum of 5
14years after receipt of the vehicle, whether through lease or
15direct purchase.
16    (b) To promote the use of eligible electric vehicles and
17to increase access to federal funding programs, the Agency
18shall establish, by rule, a Fleet Electrification Incentive
19Program through which it provides eligible purchasers a grant
20of up to the following base amounts for the purchase of an
21eligible 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.

 

 

HB4959 Enrolled- 119 -LRB103 36303 SPS 66401 b

1    In addition, the Agency shall offer increased grant
2incentives of an additional 65% of the base amount for the
3purchase of a school bus that will serve a public school
4district.
5    (c) The Agency shall award grants under the Program to
6eligible purchasers on a competitive basis according to the
7availability of funding. The Agency shall use a points-based
8quantitative evaluation to be determined by the Agency by
9rule.
10    The Agency shall award additional points to an application
11from an eligible purchaser whose eligible electric vehicles
12are to be domiciled in an equity investment eligible
13community.
14    The Agency shall also award additional points to an
15eligible purchaser who has negotiated and entered into a
16collective bargaining agreement at the time of application for
17the grant.
18    (d) A grant provided under the Program is limited to a
19maximum award of 80% of the purchase price per eligible
20electric vehicle. Multiple eligible electric vehicles may be
21included in each grant under the Program. An eligible
22purchaser may be awarded multiple grants under the Program;
23however, the Agency shall have the authority to implement, by
24rule, a limit on the number of grants awarded to each
25purchaser.
26    (e) An eligible purchaser shall enter into a grant

 

 

HB4959 Enrolled- 120 -LRB103 36303 SPS 66401 b

1agreement with the Agency upon notification from the Agency
2that the eligible purchaser's application has been approved.
3Grants under this Section shall be provided by the Agency with
4the submittal of a paid invoice for reimbursement. An eligible
5purchaser participating in the Program shall retain ownership
6of the eligible electric vehicle and meet all applicable
7project requirements for a minimum 5-year period after the
8date the eligible purchaser receives the vehicle. Resale of an
9eligible electric vehicle may be allowed within the 5-year
10period if necessitated by unforeseen or unavoidable
11circumstances with approval from the Agency. The Agency shall
12ensure the resale of an eligible electric vehicle serving a
13public school or located within an equity investment eligible
14community shall result in the vehicle servicing a similarly
15situated community.
16    (f) The deployment of the eligible electric vehicle in the
17purchaser's fleet is required within 24 months after receipt
18of notice of approval of the purchaser's Program application.
19Total completion of the project for which the eligible
20electric vehicle is purchased or leased must occur within 36
21months after receipt of grant funds under the Program.
22    (g) A grant under this Section may be combined with other
23public incentives to support fleet purchasing decisions.
24Receipt of any other public incentive for an eligible electric
25vehicle shall not preclude a purchaser from being awarded a
26grant under this Section. However, the combined total of

 

 

HB4959 Enrolled- 121 -LRB103 36303 SPS 66401 b

1governmental incentives, including, but not limited to, tax
2credits, grants, or vouchers, shall not exceed 80% of the
3purchase price of the vehicle.
4    (h) The Agency shall set aside 20% of the appropriated
5funds under the Program for grants to the eligible purchaser
6of an electric school bus.
7    (i) All awards granted under this Section are subject to
8appropriation by the General Assembly.
 
9    Section 3-60. The Open Space Lands Acquisition and
10Development 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
13than March 31, 2025, the Department shall prepare and submit a
14report to the General Assembly evaluating distressed local
15governments that received grants under this Act in Fiscal
16Years 2023, 2024, and 2025. The report shall include the
17following, 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

 

 

HB4959 Enrolled- 122 -LRB103 36303 SPS 66401 b

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
17adding Section 4.01b as follows:
 
18    (20 ILCS 105/4.01b new)
19    Sec. 4.01b. Indirect cost funds. The Department has the
20authority to apply for, accept, receive, expend, and
21administer on behalf of the State any indirect cost
22reimbursements, funds, or anything else of value made
23available to the Department from any source for assistance

 

 

HB4959 Enrolled- 123 -LRB103 36303 SPS 66401 b

1with programmatic activities or administrative costs related
2to the Department's programs. Any federal indirect cost
3reimbursements received by the Department pursuant to this
4Section shall be deposited into the Department on Aging
5Federal Indirect Cost Fund, and such moneys shall be expended,
6subject to appropriation, only for authorized purposes.
 
7    Section 5-10. The Department of Commerce and Economic
8Opportunity Law of the Civil Administrative Code of Illinois
9is amended by changing Sections 605-55, 605-420, and 605-515
10and 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
13Department's duties. To make and enter into contracts,
14including but not limited to making grants and loans to units
15of local government, private agencies as defined in the
16Illinois State Auditing Act, non-profit corporations,
17educational institutions, and for-profit businesses as
18authorized pursuant to appropriations by the General Assembly
19from the Build Illinois Bond Fund, the Rebuild Illinois
20Projects Fund, the Fund for Illinois' Future, the Capital
21Development Fund, and the General Revenue Fund, and, for
22Fiscal Year 2023 only, the Chicago Travel Industry Promotion
23Fund, and generally to do all things that, in its judgment, may
24be necessary, proper, and expedient in accomplishing its

 

 

HB4959 Enrolled- 124 -LRB103 36303 SPS 66401 b

1duties.
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
5created as a trust fund in the State treasury. The Department
6is authorized to accept and deposit into the Fund moneys
7received from any gifts, grants, transfers, or other sources,
8public or private, unless deposit into a different fund is
9otherwise mandated. Subject to appropriation, the Department
10shall use moneys in the Fund to make grants or loans to and
11enter into contracts with units of local government, local and
12regional economic development corporations, and not-for-profit
13organizations for municipal development projects, for the
14specific purposes established by the terms and conditions of
15the gift, grant, or award, and for related administrative
16expenses. As used in this Section, the term "municipal
17development projects" includes, but is not limited to, grants
18for 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
21Development Fund.
22    (a) The Department may accept gifts, grants, awards,
23matching contributions, interest income, appropriations, and
24cost sharings from individuals, businesses, governments, and

 

 

HB4959 Enrolled- 125 -LRB103 36303 SPS 66401 b

1other third-party sources, on terms that the Director deems
2advisable, 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
14Fund is created as a special fund in the State Treasury. All On
15September 1, 2000, or as soon thereafter as may be reasonably
16practicable, the State Comptroller shall transfer from the
17Fund into the Title III Social Security and Employment Fund
18all moneys that were received for the purposes of Section
19403(a)(5) of the federal Social Security Act and remain
20unobligated on that date. Beginning on the effective date of
21this amendatory Act of the 92nd General Assembly, all moneys
22received under this Section for the purposes of Section
23403(a)(5) of the federal Social Security Act, except moneys
24that may be necessary to pay liabilities outstanding as of
25June 30, 2000, shall be deposited into the Title III Social
26Security and Employment Fund, and all other moneys received

 

 

HB4959 Enrolled- 126 -LRB103 36303 SPS 66401 b

1under this Section shall be deposited into the Workforce,
2Technology, and Economic Development Fund.
3    Moneys received under this Section are subject to
4appropriation by the General Assembly may be expended for
5purposes consistent with the conditions under which those
6moneys were are received, including, but not limited to, the
7making of grants and any other purpose authorized by law
8subject to appropriations made by the General Assembly for
9those purposes.
10(Source: P.A. 91-34, eff. 7-1-99; 91-704, eff. 7-1-00; 92-298,
11eff. 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
15requires otherwise, "small business stationary source" means a
16business that is owned or operated by a person that employs 100
17or fewer individuals; is a small business; is not a major
18stationary source as defined in Titles I and III of the federal
191990 Clean Air Act Amendments; does not emit 50 tons or more
20per year of any regulated pollutant (as defined under the
21federal Clean Air Act); and emits less than 75 tons per year of
22all regulated pollutants.
23    (b) The Department may:
24        (1) Provide access to technical and compliance
25    information for Illinois firms, including small and middle

 

 

HB4959 Enrolled- 127 -LRB103 36303 SPS 66401 b

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

 

 

HB4959 Enrolled- 128 -LRB103 36303 SPS 66401 b

1services for businesses may include, but need not be limited
2to, 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
26Treasury to be known as the Small Business Environmental

 

 

HB4959 Enrolled- 129 -LRB103 36303 SPS 66401 b

1Assistance Fund. Monies received under subdivision (b)(4) of
2this Section shall be deposited into the Fund.
3    Monies in the Small Business Environmental Assistance Fund
4may be used, subject to appropriation, only for the purposes
5authorized by this Section.
6    (e) Subject to appropriation, the Department may use
7moneys from the Clean Air Act Permit Fund for the purposes
8authorized by this Section.
9(Source: P.A. 98-346, eff. 8-14-13.)
 
10    Section 5-15. The Renewable Energy, Energy Efficiency, and
11Coal Resources Development Law of 1997 is amended by changing
12Section 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
17as provided in this Section, each electric utility as defined
18in Section 3-105 of the Public Utilities Act and each
19alternative retail electric supplier as defined in Section
2016-102 of the Public Utilities Act supplying electric power
21and energy to retail customers located in the State of
22Illinois shall contribute annually a pro rata share of a total
23amount of $3,000,000 based upon the number of kilowatt-hours
24sold by each such entity in the 12 months preceding the year of

 

 

HB4959 Enrolled- 130 -LRB103 36303 SPS 66401 b

1contribution. On or before May 1 of each year, the Illinois
2Commerce Commission shall determine and notify the Agency of
3the pro rata share owed by each electric utility and each
4alternative retail electric supplier based upon information
5supplied annually to the Illinois Commerce Commission. On or
6before June 1 of each year, the Agency shall send written
7notification to each electric utility and each alternative
8retail electric supplier of the amount of pro rata share they
9owe. These contributions shall be remitted to the Illinois
10Environmental Protection Agency on or before June 30 of each
11year the contribution is due on a return prescribed and
12furnished by the Illinois Environmental Protection Agency
13showing such information as the Illinois Environmental
14Protection Agency may reasonably require. The funds received
15pursuant to this Section shall be subject to the appropriation
16of funds by the General Assembly. The Illinois Environmental
17Protection Agency shall place the funds remitted under this
18Section in a trust fund, that is hereby created in the State
19Treasury, called the Energy Efficiency Trust Fund. If an
20electric utility or alternative retail electric supplier does
21not remit its pro rata share to the Illinois Environmental
22Protection Agency, the Illinois Environmental Protection
23Agency must inform the Illinois Commerce Commission of such
24failure. The Illinois Commerce Commission may then revoke the
25certification of that electric utility or alternative retail
26electric supplier. The Illinois Commerce Commission may not

 

 

HB4959 Enrolled- 131 -LRB103 36303 SPS 66401 b

1renew the certification of any electric utility or alternative
2retail electric supplier that is delinquent in paying its pro
3rata share. These changes made to this subsection (a) by
4Public Act 103-363 this amendatory Act of the 103rd General
5Assembly apply beginning July 1, 2023.
6    (b) The Agency shall disburse the moneys in the Energy
7Efficiency Trust Fund to benefit residential electric
8customers through projects which the Agency has determined
9will promote energy efficiency in the State of Illinois and to
10pay the associated operational expenses of the Agency in
11administering the grant program. The Agency Department of
12Commerce and Economic Opportunity shall establish a list of
13projects eligible for grants from the Energy Efficiency Trust
14Fund including, but not limited to, supporting energy
15efficiency efforts for low-income households, replacing energy
16inefficient windows with more efficient windows, replacing
17energy inefficient appliances with more efficient appliances,
18replacing energy inefficient lighting with more efficient
19lighting, insulating dwellings and buildings, using market
20incentives to encourage energy efficiency, and such other
21projects which will increase energy efficiency in homes and
22rental properties.
23    (c) The Agency may, by administrative rule, establish
24criteria and an application process for this grant program.
25    (d) (Blank).
26    (e) (Blank).

 

 

HB4959 Enrolled- 132 -LRB103 36303 SPS 66401 b

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
4Illinois 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
8overnight tent and trailer campsites and to provide suitable
9housing facilities for student and juvenile overnight camping
10groups. The Department of Natural Resources may regulate, by
11administrative order, the fees to be charged for tent and
12trailer camping units at individual park areas based upon the
13facilities available.
14    (b) However, for campsites with access to showers or
15electricity, any Illinois resident who is age 62 or older or
16has a Class 2 disability as defined in Section 4A of the
17Illinois Identification Card Act shall be charged only
18one-half of the camping fee charged to the general public
19during the period Monday through Thursday of any week and
20shall be charged the same camping fee as the general public on
21all other days. For campsites without access to showers or
22electricity, no camping fee authorized by this Section shall
23be charged to any resident of Illinois who has a Class 2
24disability as defined in Section 4A of the Illinois

 

 

HB4959 Enrolled- 133 -LRB103 36303 SPS 66401 b

1Identification Card Act. For campsites without access to
2showers or electricity, no camping fee authorized by this
3Section shall be charged to any resident of Illinois who is age
462 or older for the use of a campsite unit during the period
5Monday through Thursday of any week. No camping fee authorized
6by this Section shall be charged to any resident of Illinois
7who is a veteran with a disability or a former prisoner of war,
8as defined in Section 5 of the Department of Veterans' Affairs
9Act. No camping fee authorized by this Section shall be
10charged to any resident of Illinois after returning from
11service abroad or mobilization by the President of the United
12States as an active duty member of the United States Armed
13Forces, the Illinois National Guard, or the Reserves of the
14United States Armed Forces for the amount of time that the
15active duty member spent in service abroad or mobilized if the
16person applies for a pass with the Department within 2 years
17after returning and provides acceptable verification of
18service or mobilization to the Department. Any portion of a
19year that the active duty member spent in service abroad or
20mobilized shall count as a full year. The procedure by which a
21person may provide to the Department verification of service
22abroad or mobilization by the President of the United States
23shall be set by administrative rule. Nonresidents shall be
24charged the same fees as are authorized for the general public
25regardless of age. The Department shall provide by regulation
26for suitable proof of age, or either a valid driver's license

 

 

HB4959 Enrolled- 134 -LRB103 36303 SPS 66401 b

1or a "Golden Age Passport" issued by the federal government
2shall be acceptable as proof of age. The Department shall
3further provide by regulation that notice of these reduced
4admission fees be posted in a conspicuous place and manner.
5    Reduced fees authorized in this Section shall not apply to
6any charge for utility service.
7    For the purposes of this Section, "acceptable verification
8of service or mobilization" means official documentation from
9the Department of Defense or the appropriate Major Command
10showing mobilization dates or service abroad dates, including:
11(i) a DD-214, (ii) a letter from the Illinois Department of
12Military Affairs for members of the Illinois National Guard,
13(iii) a letter from the Regional Reserve Command for members
14of the Armed Forces Reserve, (iv) a letter from the Major
15Command covering Illinois for active duty members, (v)
16personnel records for mobilized State employees, and (vi) any
17other documentation that the Department, by administrative
18rule, deems acceptable to establish dates of mobilization or
19service abroad.
20    For the purposes of this Section, the term "service
21abroad" means active duty service outside of the 50 United
22States and the District of Columbia, and includes all active
23duty service in territories and possessions of the United
24States.
25    (c) To promote State campground use and Illinois State
26Fair attendance, the Department shall waive the camping fees

 

 

HB4959 Enrolled- 135 -LRB103 36303 SPS 66401 b

1for up to 2 nights of camping at Jim Edgar Panther Creek State
2Fish and Wildlife Area, Sangchris Lake State Park, or
3Lincoln's New Salem State Historic Site during the period from
4August 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
13a first-come, first-served basis for a maximum of 40 sites at
14each of the 3 identified State campgrounds. Fees for utility
15service are not subject to waiver. Waivers under this
16subsection (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
19Act 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
23successor, and any other public agency to which the Department
24provides service to the extent specified in an interagency

 

 

HB4959 Enrolled- 136 -LRB103 36303 SPS 66401 b

1agreement with the public agency.
2    "Dedicated unit" means the dedicated bureau, division,
3office, or other unit within a transferring agency that is
4responsible for the information technology functions of the
5transferring agency.
6    "Department" means the Department of Innovation and
7Technology.
8    "Information technology" means technology,
9infrastructure, equipment, systems, software, networks, and
10processes used to create, send, receive, and store electronic
11or digital information, including, without limitation,
12computer systems and telecommunication services and systems.
13"Information technology" shall be construed broadly to
14incorporate future technologies that change or supplant those
15in effect as of the effective date of this Act.
16    "Information technology functions" means the development,
17procurement, installation, retention, maintenance, operation,
18possession, storage, and related functions of all information
19technology.
20    "Secretary" means the Secretary of Innovation and
21Technology.
22    "State agency" means each State agency, department, board,
23and commission under the jurisdiction of the Governor.
24    "Transferring agency" means the Department on Aging; the
25Departments of Agriculture, Central Management Services,
26Children and Family Services, Commerce and Economic

 

 

HB4959 Enrolled- 137 -LRB103 36303 SPS 66401 b

1Opportunity, Corrections, Employment Security, Financial and
2Professional Regulation, Healthcare and Family Services, Human
3Rights, Human Services, Insurance, Juvenile Justice, Labor,
4Lottery, Military Affairs, Natural Resources, Public Health,
5Revenue, Transportation, and Veterans' Affairs; the Illinois
6State Police; the Capital Development Board; the Deaf and Hard
7of Hearing Commission; the Environmental Protection Agency;
8the Governor's Office of Management and Budget; the
9Guardianship and Advocacy Commission; the Abraham Lincoln
10Presidential Library and Museum; the Illinois Arts Council;
11the Illinois Council on Developmental Disabilities; the
12Illinois Emergency Management Agency; the Illinois Gaming
13Board; the Illinois Liquor Control Commission; the Office of
14the State Fire Marshal; and the Prisoner Review Board; and the
15Department of Early Childhood.
16(Source: P.A. 102-376, eff. 1-1-22; 102-538, eff. 8-20-21;
17102-813, eff. 5-13-22; 102-870, eff. 1-1-23.)
 
18    Section 5-20. The Illinois Lottery Law is amended by
19changing 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
23instant scratch-off game for the benefit of the Illinois DREAM
24Fund Commission. The new revenue from the Illinois DREAM

 

 

HB4959 Enrolled- 138 -LRB103 36303 SPS 66401 b

1scratch-off game shall be deposited into the Illinois DREAM
2Fund, a special fund that is created in the State treasury.
3Subject to appropriation to the Illinois Student Assistance
4Commission, money in the Illinois DREAM Fund shall be used to
5assist in funding scholarships and other statutory
6responsibilities of the Illinois DREAM Fund Commission. The
7game shall commence on January 1, 2024 or as soon thereafter as
8is reasonably practical. The Department shall consult with the
9Illinois DREAM Fund Commission established under Section 67 of
10the Higher Education Student Assistance Act regarding the
11design and promotion of the game.
12    (b) The operation of any games under this Section shall be
13governed by this Act, and any rules shall be adopted by the
14Department.
15    (c) For purposes of this Section, "net revenue" means the
16total amount for which tickets have been sold less the sum of
17the amount paid out in prizes and the actual administrative
18expenses of the Department solely related to the Illinois
19DREAM scratch-off game.
20    (d) During the time that tickets are sold for the Illinois
21DREAM scratch-off game, the Department shall not unreasonably
22diminish the efforts devoted to marketing any other instant
23scratch-off lottery game.
24    (e) The Department may adopt any rules necessary to
25implement and administer this Section in consultation with the
26Illinois DREAM Fund Commission.

 

 

HB4959 Enrolled- 139 -LRB103 36303 SPS 66401 b

1(Source: P.A. 103-381, eff. 7-28-23.)
 
2    Section 5-25. The Illinois Emergency Management Agency Act
3is 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
6Projects Fund is created as a trust fund in the State treasury.
7The Fund shall consist of any moneys appropriated to the
8Agency for purposes of the Illinois' Not-For-Profit Security
9Grant Program, a grant program authorized by subsection (g-5)
10of Section 5 of this Act, to provide funding support for target
11hardening activities and other physical security enhancements
12for qualifying not-for-profit organizations that are at high
13risk of terrorist attack. The Agency is authorized to use
14moneys appropriated from the Fund to make grants to
15not-for-profit organizations for target hardening activities,
16security personnel, and physical security enhancements and for
17the payment of administrative expenses associated with the
18Not-For-Profit Security Grant Program, except that, beginning
19July 1, 2024, the Agency shall not award grants under this
20Section to those entities whose primary purpose is to provide
21medical or mental health services. As used in this Section,
22"target hardening activities" include, but are not limited to,
23the purchase and installation of security equipment on real
24property owned or leased by the not-for-profit organization.

 

 

HB4959 Enrolled- 140 -LRB103 36303 SPS 66401 b

1Grants, gifts, and moneys from any other source, public or
2private, may also be deposited into the Fund and used for the
3purposes 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
6Sections 5.1015, 6z-27, 6z-32, 6z-47, 6z-70, 6z-111, 8.3,
78.12, 8g-1, 12-2, and 13.2 and by adding Sections 5e-2 and
86z-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
13other transfers that may be provided for by law, on July 1,
142024, or as soon thereafter as practical, the State
15Comptroller shall direct and the State Treasurer shall
16transfer the sum of $20,000,000 from the Road Fund to the
17Federal/State/Local Airport Fund to be used for purposes
18consistent with Section 11 of Article IX of the Illinois
19Constitution. 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
22transferred, appropriated and used only for the purposes

 

 

HB4959 Enrolled- 141 -LRB103 36303 SPS 66401 b

1authorized by, and subject to the limitations and conditions
2prescribed by, the Illinois State Auditing Act.
3    Within 30 days after July 1, 2024 2023, or as soon
4thereafter as practical, the State Comptroller shall order
5transferred and the State Treasurer shall transfer from the
6following funds moneys in the specified amounts for deposit
7into the Audit Expense Fund:
8Attorney General Court Ordered and Voluntary
9    Compliance Payment Projects Fund..................$22,470
10Aggregate Operations Regulatory Fund.....................$605
11Agricultural Premium Fund.............................$21,002
12Attorney General's State Projects and
13    Court Ordered Distribution Fund...................$36,873
14Anna Veterans Home Fund................................$1,205
15Appraisal Administration Fund..........................$2,670
16Attorney General Whistleblower Reward
17    and Protection Fund..................................$938
18Bank and Trust Company Fund...........................$82,945
19Brownfields Redevelopment Fund.........................$1,893
20Cannabis Business Development Fund....................$15,750
21Cannabis Expungement Fund..............................$2,511
22Capital Development Board Revolving Fund...............$4,668
23Care Provider Fund for Persons with
24    a Developmental Disability.........................$6,794
25CDLIS/AAMVAnet/NMVTIS Trust Fund.......................$1,679
26Cemetery Oversight Licensing and Disciplinary Fund.....$6,187

 

 

HB4959 Enrolled- 142 -LRB103 36303 SPS 66401 b

1Chicago State University Education Improvement Fund...$16,893
2Chicago Travel Industry Promotion Fund.................$9,146
3Child Support Administrative Fund......................$2,669
4Clean Air Act Permit Fund.............................$11,283
5Coal Technology Development Assistance Fund...........$22,087
6Community Association Manager
7    Licensing and Disciplinary Fund....................$1,178
8Commitment to Human Services Fund ...................$259,050
9Common School Fund ..................................$385,362
10Community Mental Health Medicaid Trust Fund............$6,972
11Community Water Supply Laboratory Fund...................$835
12Credit Union Fund.....................................$21,944
13Cycle Rider Safety Training Fund.........................$704
14DCFS Children's Services Fund........................$164,036
15Department of Business Services Special Operations Fund.$4,564
16Department of Corrections Reimbursement
17    and Education Fund................................$23,892
18Design Professionals Administration
19    and Investigation Fund.............................$3,892
20Department of Human Services Community Services Fund...$6,314
21Downstate Public Transportation Fund..................$40,428
22Drivers Education Fund...................................$904
23Drug Rebate Fund......................................$40,707
24Drug Treatment Fund......................................$810
25Drycleaner Environmental Response Trust Fund...........$1,555
26Education Assistance Fund..........................$2,347,928

 

 

HB4959 Enrolled- 143 -LRB103 36303 SPS 66401 b

1Electric Vehicle Rebate Fund..........................$24,101
2Energy Efficiency Trust Fund.............................$955
3Energy Transition Assistance Fund......................$1,193
4Environmental Protection Permit and Inspection Fund...$17,475
5Facilities Management Revolving Fund..................$21,298
6Fair and Exposition Fund.................................$782
7Federal Asset Forfeiture Fund..........................$1,195
8Federal High Speed Rail Trust Fund.......................$910
9Federal Workforce Training Fund......................$113,609
10Feed Control Fund......................................$1,263
11Fertilizer Control Fund..................................$778
12Fire Prevention Fund...................................$4,470
13Freedom Schools Fund.....................................$636
14Fund for the Advancement of Education.................$61,767
15General Professions Dedicated Fund....................$36,108
16General Revenue Fund..............................$17,653,153
17Grade Crossing Protection Fund.........................$7,759
18Hazardous Waste Fund...................................$9,036
19Health and Human Services Medicaid Trust Fund............$793
20Healthcare Provider Relief Fund......................$209,863
21Historic Property Administrative Fund....................$791
22Horse Racing Fund....................................$233,685
23Hospital Provider Fund................................$66,984
24Illinois Affordable Housing Trust Fund................$30,424
25Illinois Charity Bureau Fund...........................$2,025
26Illinois Clean Water Fund.............................$18,928

 

 

HB4959 Enrolled- 144 -LRB103 36303 SPS 66401 b

1Illinois Forestry Development Fund....................$13,054
2Illinois Gaming Law Enforcement Fund...................$1,411
3IMSA Income Fund......................................$10,499
4Illinois Military Family Relief Fund...................$2,963
5Illinois National Guard Construction Fund..............$4,944
6Illinois Power Agency Operations Fund................$154,375
7Illinois State Dental Disciplinary Fund................$3,947
8Illinois State Fair Fund...............................$5,871
9Illinois State Medical Disciplinary Fund..............$32,809
10Illinois State Pharmacy Disciplinary Fund.............$10,993
11Illinois Student Assistance Commission
12    Contracts and Grants Fund............................$950
13Illinois Veterans Assistance Fund......................$2,738
14Illinois Veterans' Rehabilitation Fund...................$685
15Illinois Wildlife Preservation Fund....................$2,646
16Illinois Workers' Compensation Commission
17    Operations Fund...................................$94,942
18Illinois Works Fund....................................$5,577
19Income Tax Refund Fund...............................$232,364
20Insurance Financial Regulation Fund..................$158,266
21Insurance Premium Tax Refund Fund.....................$10,972
22Insurance Producer Administration Fund...............$208,185
23International Tourism Fund.............................$1,317
24LaSalle Veterans Home Fund.............................$2,656
25Law Enforcement Recruitment and Retention Fund........$10,249
26Law Enforcement Training Fund.........................$28,714

 

 

HB4959 Enrolled- 145 -LRB103 36303 SPS 66401 b

1LEADS Maintenance Fund...................................$573
2Live and Learn Fund....................................$8,419
3Local Government Distributive Fund...................$120,745
4Local Tourism Fund....................................$16,582
5Long Term Care Ombudsman Fund............................$635
6Long-Term Care Provider Fund..........................$10,352
7Manteno Veterans Home Fund.............................$3,941
8Mental Health Fund.....................................$3,560
9Mental Health Reporting Fund.............................$878
10Military Affairs Trust Fund............................$1,017
11Monitoring Device Driving Permit
12    Administration Fee Fund..............................$657
13Motor Carrier Safety Inspection Fund...................$1,892
14Motor Fuel Tax Fund..................................$124,570
15Motor Vehicle License Plate Fund.......................$6,363
16Nursing Dedicated and Professional Fund...............$14,671
17Off-Highway Vehicle Trails Fund........................$1,431
18Open Space Lands Acquisition and Development Fund.....$67,764
19Optometric Licensing and Disciplinary Board Fund.........$922
20Parity Advancement Fund................................$9,349
21Partners For Conservation Fund........................$25,309
22Pawnbroker Regulation Fund...............................$659
23Pension Stabilization Fund.............................$3,009
24Personal Property Tax Replacement Fund...............$251,569
25Pesticide Control Fund.................................$4,715
26Prisoner Review Board Vehicle and Equipment Fund.......$3,035

 

 

HB4959 Enrolled- 146 -LRB103 36303 SPS 66401 b

1Professional Services Fund.............................$3,093
2Professions Indirect Cost Fund.......................$194,398
3Public Pension Regulation Fund.........................$3,519
4Public Transportation Fund...........................$108,264
5Quincy Veterans Home Fund.............................$25,455
6Real Estate License Administration Fund...............$27,976
7Rebuild Illinois Projects Fund.........................$3,682
8Regional Transportation Authority Occupation and Use Tax
9    Replacement Fund...................................$3,226
10Registered Certified Public Accountants' Administration
11    and Disciplinary Fund..............................$3,213
12Renewable Energy Resources Trust Fund..................$2,463
13Rental Housing Support Program Fund......................$560
14Residential Finance Regulatory Fund...................$21,672
15Road Fund............................................$524,729
16Salmon Fund..............................................$837
17Savings Bank Regulatory Fund.............................$528
18School Infrastructure Fund............................$10,122
19Secretary of State DUI Administration Fund.............$1,021
20Secretary of State Identification Security and
21    Theft Prevention Fund..............................$4,877
22Secretary of State Special License Plate Fund..........$1,410
23Secretary of State Special Services Fund..............$11,665
24Securities Audit and Enforcement Fund..................$2,279
25Serve Illinois Commission Fund...........................$950
26Snowmobile Trail Establishment Fund......................$653

 

 

HB4959 Enrolled- 147 -LRB103 36303 SPS 66401 b

1Solid Waste Management Fund...........................$17,540
2Special Education Medicaid Matching Fund...............$2,916
3Sports Wagering Fund..................................$14,696
4State Police Law Enforcement Administration Fund.......$3,635
5State and Local Sales Tax Reform Fund..................$6,676
6State Asset Forfeiture Fund............................$1,445
7State Aviation Program Fund............................$2,125
8State Construction Account Fund......................$151,079
9State Crime Laboratory Fund............................$6,342
10State Gaming Fund....................................$216,475
11State Garage Revolving Fund............................$4,892
12State Lottery Fund...................................$106,169
13State Pensions Fund .................................$500,000
14State Police Firearm Services Fund....................$16,049
15State Police Services Fund............................$20,688
16State Police Vehicle Fund..............................$7,562
17State Police Whistleblower Reward
18    and Protection Fund................................$3,858
19State Small Business Credit Initiative Fund...........$20,739
20State's Attorneys Appellate
21    Prosecutor's County Fund..........................$20,621
22Subtitle D Management Fund.............................$2,669
23Supplemental Low-Income Energy Assistance Fund.......$158,173
24Tax Compliance and Administration Fund.................$3,789
25Technology Management Revolving Fund.................$620,435
26Tobacco Settlement Recovery Fund.......................$4,747

 

 

HB4959 Enrolled- 148 -LRB103 36303 SPS 66401 b

1Tourism Promotion Fund................................$46,998
2Traffic and Criminal Conviction Surcharge Fund........$41,173
3Underground Storage Tank Fund.........................$31,314
4University of Illinois Hospital Services Fund..........$3,257
5Vehicle Hijacking and Motor Vehicle Theft
6    Prevention and Insurance Verification Trust Fund...$8,183
7Vehicle Inspection Fund...............................$19,811
8Weights and Measures Fund..............................$3,636
9African-American HIV/AIDS Response RESP Fund...........$1,421
10Agricultural Premium Fund............................$122,719
11Alzheimer's Awareness Fund.............................$1,499
12Alzheimer's Disease Research, Care, and Support Fund.....$662
13Amusement Ride and Patron Safety Fund..................$6,315
14Assisted Living and & Shared Housing Regulatory
15    House Regulation Fund..............................$2,564
16Capital Development Board Revolving Fund..............$15,118
17Care Provider Fund for Persons with a Developmental
18    Disability........................................$15,392
19Carolyn Adams Ticket For The Cure Grant Fund.............$927
20CDLIS/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
26Chicago Police Memorial Foundation Fund..................$708

 

 

HB4959 Enrolled- 149 -LRB103 36303 SPS 66401 b

1Chicago State University Education Improvement Fund...$13,666
2Child Labor and Day and Temporary Labor
3    Services Enforcement Fund.........................$11,991
4Child Support Administrative Fund......................$5,287
5Clean Air Act Permit Fund..............................$1,556
6Coal Technology Development Assistance Fund............$6,936
7Common School Fund...................................$343,892
8Community Mental Health Medicaid Trust Fund...........$14,084
9Corporate Franchise Tax Refund Fund....................$1,096
10DCFS Children's Services Fund..........................$8,766
11Death Certificate Surcharge Fund.......................$2,060
12Death Penalty Abolition Fund...........................$2,448
13Department of Business Services Service Special
14    Operations Fund...................................$13,889
15Department of Human Services DHS Community
16    Services Fund......................................$7,970
17Downstate Public Transportation Fund..................$11,631
18Dram Shop Fund.......................................$142,500
19Driver Services Administration Fund....................$1,873
20Drug Rebate Fund......................................$42,473
21Drug Treatment Fund....................................$1,767
22Education Assistance Fund..........................$2,031,292
23Emergency Public Health Fund...........................$5,162
24Environmental Protection Permit and Inspection Fund....$1,447
25Estate Tax Refund Fund...................................$852
26Facilities Management Revolving Fund..................$50,148

 

 

HB4959 Enrolled- 150 -LRB103 36303 SPS 66401 b

1Facility Licensing Fund................................$5,522
2Fair and & Exposition Fund.............................$4,248
3Feed Control Fund......................................$7,709
4Fertilizer Control Fund................................$6,849
5Fire Prevention Fund...................................$3,859
6Fund for the Advancement of Education.................$24,772
7General Assembly Operations Revolving Rev Fund.........$1,146
8General Professions Dedicated Fund.....................$4,039
9General Revenue Fund..............................$17,653,153
10Governor's Administrative Fund.........................$2,832
11Governor's Grant Fund.................................$17,709
12Grade Crossing Protection Fund...........................$930
13Grant Accountability and / Transparency Fund.............$805
14Guardianship and & Advocacy Fund......................$14,843
15Hazardous Waste Fund.....................................$835
16Health Facility Plan Review Fund.......................$1,776
17Health and Human Services Service Medicaid Trust Fund..$6,554
18Healthcare Provider Relief Fund......................$407,107
19Healthy Smiles Fund......................................$738
20Home Care Services Agency Licensure Fund...............$3,101
21Hospital Licensure Fund................................$1,688
22Hospital Provider Fund...............................$138,829
23ICCB Federal Trust Fund...............................$9,968
24ICJIA Violence Prevention Fund...........................$932
25Illinois IL Affordable Housing Trust Fund.............$17,236
26Illinois IL Clean Water Fund...........................$2,152

 

 

HB4959 Enrolled- 151 -LRB103 36303 SPS 66401 b

1IL Community College Board
2    Contracts and Grants ...............................9,968
3Illinois IL Health Facilities Planning Fund............$3,094
4IMSA Income Fund......................................$12,417
5Illinois IL Power Agency Operations Fund..............$62,583
6Illinois IL School Asbestos Abatement Fund...............$784
7Illinois IL State Fair Fund...........................$29,752
8Illinois IL State Police Memorial Park Fund..............$681
9Illinois Telecommunications IL Telecom Access
10    Corporation Fund...................................$1,668
11Illinois IL Underground Utility Facilities
12    Facility Damage Prevention Fund....................$4,276
13Illinois IL Veterans' Rehabilitation Fund..............$5,943
14Illinois IL Workers' Compensation Commission
15    Operations Fund..................................$243,187
16Income Tax Refund Fund................................$54,420
17Lead Poisoning Screening, Prevention, and
18    Abatement Fund....................................$16,379
19Live and Learn Fund...................................$25,492
20Lobbyist Registration Administration Fund..............$1,471
21Local Government Distributive Fund....................$44,025
22Long Term Care Monitor/Receiver Receive Fund..........$42,016
23Long-Term Long Term Care Provider Fund................$13,537
24Low-Level Radioactive Low Level Rad Facility
25    Development and Operation Dev & Op Fund..............$618
26Mandatory Arbitration Fund.............................$2,104

 

 

HB4959 Enrolled- 152 -LRB103 36303 SPS 66401 b

1Medical Special Purposes Purpose Trust Fund..............$786
2Mental Health Fund.....................................$9,376
3Mental Health Reporting Fund...........................$1,443
4Metabolic Screening and & Treatment Fund..............$32,049
5Monitoring Device Driving Permit Administration
6    Fee Fund...........................................$1,616
7Motor Fuel Tax Fund...................................$36,238
8Motor Vehicle License Plate Fund......................$17,694
9Motor Vehicle Theft Prevention and Insurance
10    Verification Trust.................................10,970
11Multiple Sclerosis Research Fund.........................$758
12Nuclear Safety Emergency Preparedness Fund............$26,117
13Nursing Dedicated and Professional Fund................$2,420
14Open Space Lands Acquisition and & Development Fund......$658
15Partners For Conservation Fund........................$89,847
16Pension Stabilization Fund.............................$1,031
17Personal Property Tax Replacement Fund...............$290,755
18Pesticide Control Fund................................$30,513
19Plumbing Licensure and & Program Fund..................$6,276
20Police Memorial Committee Fund...........................$813
21Professional Services Fund............................$72,029
22Public Health Laboratory Lab Services Revolving
23    Rev Fund...........................................$5,816
24Public Transportation Fund............................$46,826
25Public Utility Fund..................................$198,423
26Radiation Protection Fund.............................$11,034

 

 

HB4959 Enrolled- 153 -LRB103 36303 SPS 66401 b

1Renewable Energy Resources Trust Fund..................$7,834
2Road Fund............................................$226,150
3Regional Transportation Authority RTA Occupation
4    and & Use Tax Replacement Fund.....................$1,167
5School Infrastructure Fund.............................$7,749
6Secretary of State DUI Administration Fund.............$2,694
7Secretary of State Identification & Security
8    and Theft Prevention Fund.........................$12,676
9Secretary of State Police Services Fund..................$717
10Secretary of State Special License Plate Fund..........$4,203
11Secretary of State Special Services Fund..............$34,491
12Securities Audit and Enforcement Fund..................$8,198
13Solid Waste Management Fund............................$1,613
14Special Olympics Illinois and Special
15    Children's Charities Fund............................$852
16Special Education Medicaid Matching Fund...............$5,131
17Sports Wagering Fund...................................$4,450
18State and Local Sales Tax Reform Fund..................$2,361
19State Construction Account Fund.......................$37,865
20State Gaming Fund.....................................$94,435
21State Garage Revolving Fund............................$8,977
22State Lottery Fund...................................$340,323
23State Pensions Fund..................................$500,000
24State Treasurer's Bank Services Trust Fund.............$1,295
25Supreme Court Special Purposes Fund....................$1,722
26Tattoo and & Body Piercing Establishment

 

 

HB4959 Enrolled- 154 -LRB103 36303 SPS 66401 b

1    Registration Fund....................................$950
2Tax Compliance and & Administration Fund...............$1,483
3Technology Management Revolving Fund.................$186,193
4Tobacco Settlement Recovery Fund......................$29,864
5Tourism Promotion Fund................................$50,155
6Transportation Regulatory Fund........................$78,256
7Trauma Center Fund.....................................$1,960
8Underground Storage Tank Fund..........................$3,630
9University of Illinois IL Hospital Services Fund.......$6,712
10Vehicle Hijacking and Motor Vehicle
11    Theft Prevention and Insurance
12    Verification Trust Fund...........................$10,970
13Vehicle Inspection Fund................................$5,069
14Weights and Measures Fund.............................$22,129
15Youth Alcoholism and & Substance Abuse Prevention Fund...$526
16    Notwithstanding any provision of the law to the contrary,
17the General Assembly hereby authorizes the use of such funds
18for the purposes set forth in this Section.
19    These provisions do not apply to funds classified by the
20Comptroller as federal trust funds or State trust funds. The
21Audit Expense Fund may receive transfers from those trust
22funds only as directed herein, except where prohibited by the
23terms of the trust fund agreement. The Auditor General shall
24notify the trustees of those funds of the estimated cost of the
25audit to be incurred under the Illinois State Auditing Act for
26the fund. The trustees of those funds shall direct the State

 

 

HB4959 Enrolled- 155 -LRB103 36303 SPS 66401 b

1Comptroller and Treasurer to transfer the estimated amount to
2the Audit Expense Fund.
3    The Auditor General may bill entities that are not subject
4to the above transfer provisions, including private entities,
5related organizations and entities whose funds are
6locally-held, for the cost of audits, studies, and
7investigations incurred on their behalf. Any revenues received
8under this provision shall be deposited into the Audit Expense
9Fund.
10    In the event that moneys on deposit in any fund are
11unavailable, by reason of deficiency or any other reason
12preventing their lawful transfer, the State Comptroller shall
13order transferred and the State Treasurer shall transfer the
14amount deficient or otherwise unavailable from the General
15Revenue Fund for deposit into the Audit Expense Fund.
16    On or before December 1, 1992, and each December 1
17thereafter, the Auditor General shall notify the Governor's
18Office of Management and Budget (formerly Bureau of the
19Budget) of the amount estimated to be necessary to pay for
20audits, studies, and investigations in accordance with the
21Illinois State Auditing Act during the next succeeding fiscal
22year for each State fund for which a transfer or reimbursement
23is anticipated.
24    Beginning with fiscal year 1994 and during each fiscal
25year thereafter, the Auditor General may direct the State
26Comptroller and Treasurer to transfer moneys from funds

 

 

HB4959 Enrolled- 156 -LRB103 36303 SPS 66401 b

1authorized by the General Assembly for that fund. In the event
2funds, including federal and State trust funds but excluding
3the General Revenue Fund, are transferred, during fiscal year
41994 and during each fiscal year thereafter, in excess of the
5amount to pay actual costs attributable to audits, studies,
6and investigations as permitted or required by the Illinois
7State Auditing Act or specific action of the General Assembly,
8the Auditor General shall, on September 30, or as soon
9thereafter as is practicable, direct the State Comptroller and
10Treasurer to transfer the excess amount back to the fund from
11which it was originally transferred.
12(Source: P.A. 102-16, eff. 6-17-21; 102-699, eff. 4-19-22;
13103-8, 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
17the Conservation 2000 Fund) and the Partners for Conservation
18Projects Fund (formerly known as the Conservation 2000
19Projects Fund) are created as special funds in the State
20Treasury. These funds shall be used to establish a
21comprehensive program to protect Illinois' natural resources
22through cooperative partnerships between State government and
23public and private landowners. Moneys in these Funds may be
24used, subject to appropriation, by the Department of Natural
25Resources, Environmental Protection Agency, and the Department

 

 

HB4959 Enrolled- 157 -LRB103 36303 SPS 66401 b

1of Agriculture for purposes relating to natural resource
2protection, planning, recreation, tourism, climate resilience,
3and compatible agricultural and economic development
4activities. Without limiting these general purposes, moneys in
5these Funds may be used, subject to appropriation, for the
6following 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

1automatically transfer on the last day of each month,
2beginning on September 30, 1995 and ending on June 30, 2025
32024, from the General Revenue Fund to the Partners for
4Conservation Fund, an amount equal to 1/10 of the amount set
5forth below in fiscal year 1996 and an amount equal to 1/12 of
6the amount set forth below in each of the other specified
7fiscal years:
8Fiscal Year Amount
91996$ 3,500,000
101997$ 9,000,000
111998$10,000,000
121999$11,000,000
132000$12,500,000
142001 through 2004$14,000,000
152005 $7,000,000
162006 $11,000,000
172007 $0
182008 through 2011 $14,000,000
192012 $12,200,000
202013 through 2017 $14,000,000
212018 $1,500,000
222019 $14,000,000
232020 $7,500,000
242021 through 2023 $14,000,000
252024 $18,000,000
262025 $14,000,000

 

 

HB4959 Enrolled- 160 -LRB103 36303 SPS 66401 b

1    (c) The State Comptroller and State Treasurer shall
2automatically transfer on the last day of each month beginning
3on July 31, 2021 and ending June 30, 2022, from the
4Environmental Protection Permit and Inspection Fund to the
5Partners for Conservation Fund, an amount equal to 1/12 of
6$4,135,000.
7    (c-1) The State Comptroller and State Treasurer shall
8automatically transfer on the last day of each month beginning
9on July 31, 2022 and ending June 30, 2023, from the
10Environmental Protection Permit and Inspection Fund to the
11Partners for Conservation Fund, an amount equal to 1/12 of
12$5,900,000.
13    (d) There shall be deposited into the Partners for
14Conservation Projects Fund such bond proceeds and other moneys
15as 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;
17103-8, 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
21special fund in the State Treasury.
22    (b) On June 15, 1999 ( Upon the effective date of Public Act
2391-38) this amendatory Act of the 91st General Assembly, or as
24soon as possible thereafter, the Comptroller shall order
25transferred and the Treasurer shall transfer $260,000,000 from

 

 

HB4959 Enrolled- 161 -LRB103 36303 SPS 66401 b

1the General Revenue Fund to the Fund for Illinois' Future.
2    On July 15, 2000, or as soon as possible thereafter, the
3Comptroller shall order transferred and the Treasurer shall
4transfer $260,000,000 from the General Revenue Fund to the
5Fund for Illinois' Future.
6    Revenues in the Fund for Illinois' Future shall include
7any other funds appropriated or transferred into the Fund.
8    (c) Moneys in the Fund for Illinois' Future may be
9appropriated for the making of grants and expenditures for
10planning, engineering, acquisition, construction,
11reconstruction, development, improvement, and extension of
12public infrastructure in the State of Illinois, including
13grants to local governments for public infrastructure, grants
14to public elementary and secondary school districts for public
15infrastructure, grants to universities, colleges, community
16colleges, and non-profit corporations for public
17infrastructure, and expenditures for public infrastructure of
18the State and other related purposes, including but not
19limited to expenditures for equipment, vehicles, community
20programs, and recreational facilities.
21    (d) Moneys in the Fund for Illinois' Future may also be
22appropriated for the making of grants to local governments,
23public and private elementary and secondary schools,
24non-profit corporations, and community-based providers for
25costs associated with violence prevention, community
26development, educational programs, social services, community

 

 

HB4959 Enrolled- 162 -LRB103 36303 SPS 66401 b

1programs, 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
5and Theft Prevention Fund.
6    (a) The Secretary of State Identification Security and
7Theft Prevention Fund is created as a special fund in the State
8treasury. The Fund shall consist of any fund transfers,
9grants, fees, or moneys from other sources received for the
10purpose of funding identification security and theft
11prevention measures.
12    (b) All moneys in the Secretary of State Identification
13Security and Theft Prevention Fund shall be used, subject to
14appropriation, for any costs related to implementing
15identification security and theft prevention measures.
16    (c) (Blank).
17    (d) (Blank).
18    (e) (Blank).
19    (f) (Blank).
20    (g) (Blank).
21    (h) (Blank).
22    (i) (Blank).
23    (j) (Blank).
24    (k) (Blank).
25    (l) (Blank).

 

 

HB4959 Enrolled- 163 -LRB103 36303 SPS 66401 b

1    (m) (Blank).
2    (n) (Blank).
3    (o) (Blank). Notwithstanding any other provision of State
4law to the contrary, on or after July 1, 2022, and until June
530, 2023, in addition to any other transfers that may be
6provided for by law, at the direction of and upon notification
7of the Secretary of State, the State Comptroller shall direct
8and the State Treasurer shall transfer amounts into the
9Secretary of State Identification Security and Theft
10Prevention Fund from the designated funds not exceeding the
11following 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
19the contrary, on or after July 1, 2023, and until June 30,
202024, in addition to any other transfers that may be provided
21for by law, at the direction of and upon notification of the
22Secretary of State, the State Comptroller shall direct and the
23State Treasurer shall transfer amounts into the Secretary of
24State Identification Security and Theft Prevention Fund from
25the designated funds not exceeding the following totals:
26    Division of Corporations Registered Limited

 

 

HB4959 Enrolled- 164 -LRB103 36303 SPS 66401 b

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
6the contrary, on or after July 1, 2024, and until June 30,
72025, in addition to any other transfers that may be provided
8for by law, at the direction of and upon notification of the
9Secretary of State, the State Comptroller shall direct and the
10State Treasurer shall transfer amounts into the Secretary of
11State Identification Security and Theft Prevention Fund from
12the 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;
20103-8, 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
24special fund in the State treasury and shall receive moneys
25from the collection of license fees on initial licenses issued

 

 

HB4959 Enrolled- 165 -LRB103 36303 SPS 66401 b

1for newly licensed gaming facilities or wagering platforms in
2Fiscal Year 2019 or thereafter, and any other moneys
3appropriated or transferred to it as provided by law.
4    (b) Money in the Rebuild Illinois Projects Fund shall be
5used, subject to appropriation, for grants that support
6community development, including capital projects and other
7purposes 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
11Licensure Fund is created as a special fund in the State
12treasury. The Fund may receive revenue from any authorized
13source, including, but not limited to, gifts, grants, awards,
14transfers, and appropriations. Subject to appropriation, the
15Department of Financial and Professional Regulation may use
16moneys in the Fund for costs directly associated with the
17procurement of electronic data processing software, licenses,
18or any other information technology system products and for
19the ongoing costs of electronic data processing software,
20licenses, or other information technology system products
21related to the granting, renewal, or administration of all
22licenses 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

 

 

HB4959 Enrolled- 166 -LRB103 36303 SPS 66401 b

1State of Illinois incurs any bonded indebtedness for the
2construction of permanent highways, be set aside and used for
3the purpose of paying and discharging annually the principal
4and interest on that bonded indebtedness then due and payable,
5and for no other purpose. The surplus, if any, in the Road Fund
6after the payment of principal and interest on that bonded
7indebtedness 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

 

 

HB4959 Enrolled- 167 -LRB103 36303 SPS 66401 b

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

 

 

HB4959 Enrolled- 168 -LRB103 36303 SPS 66401 b

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
7the Road Fund. Appropriations may also be made from the Road
8Fund for the administrative expenses of any State agency that
9are related to motor vehicles or arise from the use of motor
10vehicles.
11    Beginning with fiscal year 1980 and thereafter, no Road
12Fund monies shall be appropriated to the following Departments
13or agencies of State government for administration, grants, or
14operations; but this limitation is not a restriction upon
15appropriating for those purposes any Road Fund monies that are
16eligible for federal reimbursement:
17        1. 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

 

 

HB4959 Enrolled- 169 -LRB103 36303 SPS 66401 b

1    appropriate personnel;
2        4. Judicial Systems and Agencies.
3    Beginning with fiscal year 1981 and thereafter, no Road
4Fund monies shall be appropriated to the following Departments
5or agencies of State government for administration, grants, or
6operations; but this limitation is not a restriction upon
7appropriating for those purposes any Road Fund monies that are
8eligible for federal reimbursement:
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
19Fund monies shall be appropriated to the following Departments
20or agencies of State government for administration, grants, or
21operations; but this limitation is not a restriction upon
22appropriating for those purposes any Road Fund monies that are
23eligible for federal reimbursement: Department of Central
24Management Services, except for awards made by the Illinois
25Workers' Compensation Commission under the terms of the
26Workers' Compensation Act or Workers' Occupational Diseases

 

 

HB4959 Enrolled- 170 -LRB103 36303 SPS 66401 b

1Act for injury or death of an employee of the Division of
2Highways in the Department of Transportation.
3    Beginning with fiscal year 1984 and thereafter, no Road
4Fund monies shall be appropriated to the following Departments
5or agencies of State government for administration, grants, or
6operations; but this limitation is not a restriction upon
7appropriating for those purposes any Road Fund monies that are
8eligible for federal reimbursement:
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
14Fund monies shall be appropriated to any Department or agency
15of State government for administration, grants, or operations
16except as provided hereafter; but this limitation is not a
17restriction upon appropriating for those purposes any Road
18Fund monies that are eligible for federal reimbursement. It
19shall not be lawful to circumvent the above appropriation
20limitations by governmental reorganization or other methods.
21Appropriations shall be made from the Road Fund only in
22accordance with the provisions of this Section.
23    Money in the Road Fund shall, if and when the State of
24Illinois incurs any bonded indebtedness for the construction
25of permanent highways, be set aside and used for the purpose of
26paying and discharging during each fiscal year the principal

 

 

HB4959 Enrolled- 171 -LRB103 36303 SPS 66401 b

1and interest on that bonded indebtedness as it becomes due and
2payable as provided in the Transportation Bond Act, and for no
3other purpose. The surplus, if any, in the Road Fund after the
4payment of principal and interest on that bonded indebtedness
5then 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

 

 

HB4959 Enrolled- 172 -LRB103 36303 SPS 66401 b

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
17the Road Fund or the Grade Crossing Protection Fund as
18provided in Section 8 of the Motor Fuel Tax Law.
19    Except as provided in this paragraph, beginning with
20fiscal year 1991 and thereafter, no Road Fund monies shall be
21appropriated to the Illinois State Police for the purposes of
22this Section in excess of its total fiscal year 1990 Road Fund
23appropriations for those purposes unless otherwise provided in
24Section 5g of this Act. For fiscal years 2003, 2004, 2005,
252006, and 2007 only, no Road Fund monies shall be appropriated
26to the Department of State Police for the purposes of this

 

 

HB4959 Enrolled- 173 -LRB103 36303 SPS 66401 b

1Section in excess of $97,310,000. For fiscal year 2008 only,
2no Road Fund monies shall be appropriated to the Department of
3State Police for the purposes of this Section in excess of
4$106,100,000. For fiscal year 2009 only, no Road Fund monies
5shall be appropriated to the Department of State Police for
6the purposes of this Section in excess of $114,700,000.
7Beginning in fiscal year 2010, no Road Fund road fund moneys
8shall be appropriated to the Illinois State Police. It shall
9not be lawful to circumvent this limitation on appropriations
10by governmental reorganization or other methods unless
11otherwise provided in Section 5g of this Act.
12    In fiscal year 1994, no Road Fund monies shall be
13appropriated to the Secretary of State for the purposes of
14this Section in excess of the total fiscal year 1991 Road Fund
15appropriations to the Secretary of State for those purposes,
16plus $9,800,000. It shall not be lawful to circumvent this
17limitation on appropriations by governmental reorganization or
18other method.
19    Beginning with fiscal year 1995 and thereafter, no Road
20Fund monies shall be appropriated to the Secretary of State
21for the purposes of this Section in excess of the total fiscal
22year 1994 Road Fund appropriations to the Secretary of State
23for those purposes. It shall not be lawful to circumvent this
24limitation on appropriations by governmental reorganization or
25other methods.
26    Beginning with fiscal year 2000, total Road Fund

 

 

HB4959 Enrolled- 174 -LRB103 36303 SPS 66401 b

1appropriations to the Secretary of State for the purposes of
2this Section shall not exceed the amounts specified for the
3following fiscal years:
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.
14    For fiscal year 2010, no road fund moneys shall be
15appropriated to the Secretary of State.
16    Beginning in fiscal year 2011, moneys in the Road Fund
17shall be appropriated to the Secretary of State for the
18exclusive purpose of paying refunds due to overpayment of fees
19related to Chapter 3 of the Illinois Vehicle Code unless
20otherwise provided for by law.
21    Beginning in fiscal year 2025, moneys in the Road Fund may
22be appropriated to the Environmental Protection Agency for the
23exclusive purpose of making deposits into the Electric Vehicle
24Rebate Fund, subject to appropriation, to be used for purposes
25consistent with Section 11 of Article IX of the Illinois
26Constitution.

 

 

HB4959 Enrolled- 175 -LRB103 36303 SPS 66401 b

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

 

 

HB4959 Enrolled- 176 -LRB103 36303 SPS 66401 b

1102-699, eff. 4-19-22; 102-813, eff. 5-13-22; 103-8, eff.
26-7-23; 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
6exclusively for the administration of the Revised Uniform
7Unclaimed Property Act and for the expenses incurred by the
8Auditor General for administering the provisions of Section
92-8.1 of the Illinois State Auditing Act and for operational
10expenses of the Office of the State Treasurer and for the
11funding of the unfunded liabilities of the designated
12retirement systems. For the purposes of this Section,
13"operational expenses of the Office of the State Treasurer"
14includes the acquisition of land and buildings in State fiscal
15years 2019 and 2020 for use by the Office of the State
16Treasurer, as well as construction, reconstruction,
17improvement, repair, and maintenance, in accordance with the
18provisions of laws relating thereto, of such lands and
19buildings beginning in State fiscal year 2019 and thereafter.
20Beginning in State fiscal year 2026 2025, payments to the
21designated retirement systems under this Section shall be in
22addition to, and not in lieu of, any State contributions
23required under the Illinois Pension Code.
24    "Designated retirement systems" means:
25        (1) the State Employees' Retirement System of

 

 

HB4959 Enrolled- 177 -LRB103 36303 SPS 66401 b

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
8from the State Pensions Fund for the administration of the
9Revised Uniform Unclaimed Property Act.
10    (c) (Blank).
11    (c-5) For fiscal years 2006 through 2025 2024, the General
12Assembly shall appropriate from the State Pensions Fund to the
13State Universities Retirement System the amount estimated to
14be available during the fiscal year in the State Pensions
15Fund; provided, however, that the amounts appropriated under
16this subsection (c-5) shall not reduce the amount in the State
17Pensions Fund below $5,000,000.
18    (c-6) For fiscal year 2026 2025 and each fiscal year
19thereafter, as soon as may be practical after any money is
20deposited into the State Pensions Fund from the Unclaimed
21Property Trust Fund, the State Treasurer shall apportion the
22deposited amount among the designated retirement systems as
23defined in subsection (a) to reduce their actuarial reserve
24deficiencies. The State Comptroller and State Treasurer shall
25pay the apportioned amounts to the designated retirement
26systems to fund the unfunded liabilities of the designated

 

 

HB4959 Enrolled- 178 -LRB103 36303 SPS 66401 b

1retirement systems. The amount apportioned to each designated
2retirement system shall constitute a portion of the amount
3estimated to be available for appropriation from the State
4Pensions Fund that is the same as that retirement system's
5portion of the total actual reserve deficiency of the systems,
6as determined annually by the Governor's Office of Management
7and Budget at the request of the State Treasurer. The amounts
8apportioned under this subsection shall not reduce the amount
9in the State Pensions Fund below $5,000,000.
10    (d) The Governor's Office of Management and Budget shall
11determine the individual and total reserve deficiencies of the
12designated retirement systems. For this purpose, the
13Governor's Office of Management and Budget shall utilize the
14latest available audit and actuarial reports of each of the
15retirement systems and the relevant reports and statistics of
16the Public Employee Pension Fund Division of the Department of
17Insurance.
18    (d-1) (Blank).
19    (e) The changes to this Section made by Public Act 88-593
20shall first apply to distributions from the Fund for State
21fiscal year 1996.
22(Source: P.A. 102-16, eff. 6-17-21; 102-699, eff. 4-19-22;
23103-8, eff. 6-7-23.)
 
24    (30 ILCS 105/8g-1)
25    Sec. 8g-1. Fund transfers.

 

 

HB4959 Enrolled- 179 -LRB103 36303 SPS 66401 b

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
22be provided for by law, on July 1, 2021, or as soon thereafter
23as practical, only as directed by the Director of the
24Governor's Office of Management and Budget, the State
25Comptroller shall direct and the State Treasurer shall
26transfer the sum of $5,000,000 from the General Revenue Fund

 

 

HB4959 Enrolled- 180 -LRB103 36303 SPS 66401 b

1to the DoIT Special Projects Fund, and on June 1, 2022, or as
2soon thereafter as practical, but no later than June 30, 2022,
3the State Comptroller shall direct and the State Treasurer
4shall transfer the sum so transferred from the DoIT Special
5Projects Fund to the General Revenue Fund.
6    (v) (Blank). In addition to any other transfers that may
7be provided for by law, on July 1, 2021, or as soon thereafter
8as practical, the State Comptroller shall direct and the State
9Treasurer shall transfer the sum of $500,000 from the General
10Revenue Fund to the Governor's Administrative Fund.
11    (w) (Blank). In addition to any other transfers that may
12be provided for by law, on July 1, 2021, or as soon thereafter
13as practical, the State Comptroller shall direct and the State
14Treasurer shall transfer the sum of $500,000 from the General
15Revenue Fund to the Grant Accountability and Transparency
16Fund.
17    (x) (Blank). In addition to any other transfers that may
18be provided for by law, at a time or times during Fiscal Year
192022 as directed by the Governor, the State Comptroller shall
20direct and the State Treasurer shall transfer up to a total of
21$20,000,000 from the General Revenue Fund to the Illinois
22Sports Facilities Fund to be credited to the Advance Account
23within the Fund.
24     (y) (Blank). In addition to any other transfers that may
25be provided for by law, on June 15, 2021, or as soon thereafter
26as practical, but no later than June 30, 2021, the State

 

 

HB4959 Enrolled- 181 -LRB103 36303 SPS 66401 b

1Comptroller shall direct and the State Treasurer shall
2transfer the sum of $100,000,000 from the General Revenue Fund
3to the Technology Management Revolving Fund.
4     (z) (Blank). In addition to any other transfers that may
5be provided for by law, on April 19, 2022 (the effective date
6of Public Act 102-699), or as soon thereafter as practical,
7but no later than June 30, 2022, the State Comptroller shall
8direct and the State Treasurer shall transfer the sum of
9$148,000,000 from the General Revenue Fund to the Build
10Illinois Bond Fund.
11    (aa) (Blank). In addition to any other transfers that may
12be provided for by law, on April 19, 2022 (the effective date
13of Public Act 102-699), or as soon thereafter as practical,
14but no later than June 30, 2022, the State Comptroller shall
15direct and the State Treasurer shall transfer the sum of
16$180,000,000 from the General Revenue Fund to the Rebuild
17Illinois Projects Fund.
18    (bb) (Blank). In addition to any other transfers that may
19be provided for by law, on July 1, 2022, or as soon thereafter
20as practical, the State Comptroller shall direct and the State
21Treasurer shall transfer the sum of $500,000 from the General
22Revenue Fund to the Governor's Administrative Fund.
23    (cc) (Blank). In addition to any other transfers that may
24be provided for by law, on July 1, 2022, or as soon thereafter
25as practical, the State Comptroller shall direct and the State
26Treasurer shall transfer the sum of $500,000 from the General

 

 

HB4959 Enrolled- 182 -LRB103 36303 SPS 66401 b

1Revenue Fund to the Grant Accountability and Transparency
2Fund.
3    (dd) (Blank). In addition to any other transfers that may
4be provided by law, on April 19, 2022 (the effective date of
5Public Act 102-700), or as soon thereafter as practical, but
6no later than June 30, 2022, the State Comptroller shall
7direct and the State Treasurer shall transfer the sum of
8$685,000,000 from the General Revenue Fund to the Income Tax
9Refund Fund. Moneys from this transfer shall be used for the
10purpose of making the one-time rebate payments provided under
11Section 212.1 of the Illinois Income Tax Act.
12    (ee) (Blank). In addition to any other transfers that may
13be provided by law, beginning on April 19, 2022 (the effective
14date of Public Act 102-700) and until December 31, 2023, at the
15direction of the Department of Revenue, the State Comptroller
16shall direct and the State Treasurer shall transfer from the
17General Revenue Fund to the Income Tax Refund Fund any amounts
18needed beyond the amounts transferred in subsection (dd) to
19make payments of the one-time rebate payments provided under
20Section 212.1 of the Illinois Income Tax Act.
21    (ff) (Blank). In addition to any other transfers that may
22be provided for by law, on April 19, 2022 (the effective date
23of Public Act 102-700), or as soon thereafter as practical,
24but no later than June 30, 2022, the State Comptroller shall
25direct and the State Treasurer shall transfer the sum of
26$720,000,000 from the General Revenue Fund to the Budget

 

 

HB4959 Enrolled- 183 -LRB103 36303 SPS 66401 b

1Stabilization Fund.
2    (gg) (Blank). In addition to any other transfers that may
3be provided for by law, on July 1, 2022, or as soon thereafter
4as practical, the State Comptroller shall direct and the State
5Treasurer shall transfer the sum of $280,000,000 from the
6General Revenue Fund to the Budget Stabilization Fund.
7    (hh) (Blank). In addition to any other transfers that may
8be provided for by law, on July 1, 2022, or as soon thereafter
9as practical, the State Comptroller shall direct and the State
10Treasurer shall transfer the sum of $200,000,000 from the
11General Revenue Fund to the Pension Stabilization Fund.
12    (ii) (Blank). In addition to any other transfers that may
13be provided for by law, on January 1, 2023, or as soon
14thereafter as practical, the State Comptroller shall direct
15and the State Treasurer shall transfer the sum of $850,000,000
16from the General Revenue Fund to the Budget Stabilization
17Fund.
18    (jj) (Blank). In addition to any other transfers that may
19be provided for by law, at a time or times during Fiscal Year
202023 as directed by the Governor, the State Comptroller shall
21direct and the State Treasurer shall transfer up to a total of
22$400,000,000 from the General Revenue Fund to the Large
23Business Attraction Fund.
24    (kk) (Blank). In addition to any other transfers that may
25be provided for by law, on January 1, 2023, or as soon
26thereafter as practical, the State Comptroller shall direct

 

 

HB4959 Enrolled- 184 -LRB103 36303 SPS 66401 b

1and the State Treasurer shall transfer the sum of $72,000,000
2from the General Revenue Fund to the Disaster Response and
3Recovery Fund.
4    (ll) (Blank). In addition to any other transfers that may
5be provided for by law, on the effective date of the changes
6made to this Section by this amendatory Act of the 103rd
7General Assembly, or as soon thereafter as practical, but no
8later than June 30, 2023, the State Comptroller shall direct
9and the State Treasurer shall transfer the sum of $200,000,000
10from the General Revenue Fund to the Pension Stabilization
11Fund.
12    (mm) In addition to any other transfers that may be
13provided for by law, beginning on the effective date of the
14changes made to this Section by this amendatory Act of the
15103rd General Assembly and until June 30, 2024, as directed by
16the Governor, the State Comptroller shall direct and the State
17Treasurer shall transfer up to a total of $1,500,000,000 from
18the General Revenue Fund to the State Coronavirus Urgent
19Remediation Emergency Fund.
20    (nn) In addition to any other transfers that may be
21provided for by law, beginning on the effective date of the
22changes made to this Section by this amendatory Act of the
23103rd General Assembly and until June 30, 2024, as directed by
24the Governor, the State Comptroller shall direct and the State
25Treasurer shall transfer up to a total of $424,000,000 from
26the General Revenue Fund to the Build Illinois Bond Fund.

 

 

HB4959 Enrolled- 185 -LRB103 36303 SPS 66401 b

1    (oo) In addition to any other transfers that may be
2provided for by law, on July 1, 2023, or as soon thereafter as
3practical, the State Comptroller shall direct and the State
4Treasurer shall transfer the sum of $500,000 from the General
5Revenue Fund to the Governor's Administrative Fund.
6    (pp) In addition to any other transfers that may be
7provided for by law, on July 1, 2023, or as soon thereafter as
8practical, the State Comptroller shall direct and the State
9Treasurer shall transfer the sum of $500,000 from the General
10Revenue Fund to the Grant Accountability and Transparency
11Fund.
12    (qq) In addition to any other transfers that may be
13provided for by law, beginning on the effective date of the
14changes made to this Section by this amendatory Act of the
15103rd General Assembly and until June 30, 2024, as directed by
16the Governor, the State Comptroller shall direct and the State
17Treasurer shall transfer up to a total of $350,000,000 from
18the General Revenue Fund to the Fund for Illinois' Future.
19    (rr) In addition to any other transfers that may be
20provided for by law, on July 1, 2024, or as soon thereafter as
21practical, the State Comptroller shall direct and the State
22Treasurer shall transfer the sum of $500,000 from the General
23Revenue Fund to the Governor's Administrative Fund.
24    (ss) In addition to any other transfers that may be
25provided for by law, on July 1, 2024, or as soon thereafter as
26practical, the State Comptroller shall direct and the State

 

 

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1Treasurer shall transfer the sum of $500,000 from the General
2Revenue Fund to the Grant Accountability and Transparency
3Fund.
4    (tt) In addition to any other transfers that may be
5provided for by law, on July 1, 2024, or as soon thereafter as
6practical, the State Comptroller shall direct and the State
7Treasurer shall transfer the sum of $25,000,000 from the
8Violent Crime Witness Protection Program Fund to the General
9Revenue Fund.
10(Source: P.A. 102-16, eff. 6-17-21; 102-699, eff. 4-19-22;
11102-700, Article 40, Section 40-5, eff. 4-19-22; 102-700,
12Article 80, Section 80-5, eff. 4-19-22; 102-1115, eff. 1-9-23;
13103-8, 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
16reimbursement.
17    (a) The chairmen of the travel control boards established
18by Section 12-1, or their designees, shall together comprise
19the Travel Regulation Council. The Travel Regulation Council
20shall be chaired by the Director of Central Management
21Services, who shall be a nonvoting member of the Council,
22unless he is otherwise qualified to vote by virtue of being the
23designee of a voting member. No later than March 1, 1986, and
24at least biennially thereafter, the Council shall adopt State
25Travel Regulations and Reimbursement Rates which shall be

 

 

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1applicable to all personnel subject to the jurisdiction of the
2travel control boards established by Section 12-1. An
3affirmative vote of a majority of the members of the Council
4shall be required to adopt regulations and reimbursement
5rates. If the Council fails to adopt regulations by March 1 of
6any odd-numbered year, the Director of Central Management
7Services shall adopt emergency regulations and reimbursement
8rates pursuant to the Illinois Administrative Procedure Act.
9As soon as practicable after January 23, 2023 (the effective
10date of Public Act 102-1119) this amendatory Act of the 102nd
11General Assembly, the Travel Regulation Council and the Higher
12Education Travel Control Board shall adopt amendments to their
13existing rules to ensure that reimbursement rates for public
14institutions of higher education, as defined in Section 1-13
15of the Illinois Procurement Code, are set in accordance with
16the requirements of subsection (f) of this Section.
17    (b) (Blank).
18    (c) (Blank).
19    (d) Reimbursements to travelers shall be made pursuant to
20the rates and regulations applicable to the respective State
21agency as of January 1, 1986 (the effective date of Public Act
2284-345) this amendatory Act, until the State Travel
23Regulations and Reimbursement Rates established by this
24Section are adopted and effective.
25    (e) (Blank).
26    (f) (f) Notwithstanding any rule or law to the contrary,

 

 

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1State travel reimbursement rates for lodging and mileage for
2automobile travel, as well as allowances for meals, shall be
3set at the maximum rates established by the federal government
4for travel expenses, subsistence expenses, and mileage
5allowances under 5 U.S.C. 5701 through 5711 and any
6regulations promulgated thereunder. If the rates set under
7federal regulations increase or decrease during the course of
8the State's fiscal year, the effective date of the new rate
9shall be the effective date of the change in the federal rate.
10    (g) Notwithstanding any other provision of this Section,
11the Council may provide, by rule, for alternative methods of
12determining the appropriate reimbursement rate for a
13traveler's subsistence expenses based upon the length of
14travel, as well as the embarkation point and destination.
15(Source: P.A. 102-1119, eff. 1-23-23; 103-8, eff. 1-1-24;
16revised 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
20treasury fund for the objects specified in this Section may be
21made in the manner provided in this Section when the balance
22remaining in one or more such line item appropriations is
23insufficient for the purpose for which the appropriation was
24made.
25    (a-1) No transfers may be made from one agency to another

 

 

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

 

 

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

 

 

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

 

 

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1appropriation is insufficient for the purpose for which the
2appropriation was made.
3    The State Board of Education is authorized to make
4transfers between the following line item appropriations
5within the same treasury fund: Disabled Student
6Services/Materials (Section 14-13.01 of the School Code),
7Disabled Student Transportation Reimbursement (Section
814-13.01 of the School Code), Disabled Student Tuition -
9Private Tuition (Section 14-7.02 of the School Code),
10Extraordinary Special Education (Section 14-7.02b of the
11School Code), Reimbursement for Free Lunch/Breakfast Program,
12Summer School Payments (Section 18-4.3 of the School Code),
13and Transportation - Regular/Vocational Reimbursement (Section
1429-5 of the School Code). Such transfers shall be made only
15when the balance remaining in one or more such line item
16appropriations is insufficient for the purpose for which the
17appropriation was made and provided that no such transfer may
18be made unless the amount transferred is no longer required
19for the purpose for which that appropriation was made.
20    The Department of Healthcare and Family Services is
21authorized to make transfers not exceeding 4% of the aggregate
22amount appropriated to it, within the same treasury fund,
23among the various line items appropriated for Medical
24Assistance.
25    The Department of Central Management Services is
26authorized to make transfers not exceeding 2% of the aggregate

 

 

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

 

 

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1where such amounts exceed the amount necessary for the payment
2of 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
122023. Notwithstanding any other provision of this Section, for
13State fiscal year 2023, transfers among line item
14appropriations to a State agency from the same State treasury
15fund may be made for operational or lump sum expenses only,
16provided that the sum of such transfers for a State agency in
17State fiscal year 2023 shall not exceed 4% of the aggregate
18amount appropriated to that State agency for operational or
19lump sum expenses for State fiscal year 2023. For the purpose
20of this subsection, "operational or lump sum expenses"
21includes the following objects: personal services; extra help;
22student and inmate compensation; State contributions to
23retirement systems; State contributions to social security;
24State contributions for employee group insurance; contractual
25services; travel; commodities; printing; equipment; electronic
26data processing; operation of automotive equipment;

 

 

HB4959 Enrolled- 195 -LRB103 36303 SPS 66401 b

1telecommunications services; travel and allowance for
2committed, paroled, and discharged prisoners; library books;
3federal matching grants for student loans; refunds; workers'
4compensation, occupational disease, and tort claims; late
5interest penalties under the State Prompt Payment Act and
6Sections 368a and 370a of the Illinois Insurance Code; lump
7sum and other purposes; and lump sum operations. For the
8purpose of this subsection, "State agency" does not include
9the Attorney General, the Secretary of State, the Comptroller,
10the Treasurer, or the judicial or legislative branches.
11    (c-10) Special provisions for State fiscal year 2024.
12Notwithstanding any other provision of this Section, for State
13fiscal year 2024, transfers among line item appropriations to
14a State agency from the same State treasury fund may be made
15for operational or lump sum expenses only, provided that the
16sum of such transfers for a State agency in State fiscal year
172024 shall not exceed 8% of the aggregate amount appropriated
18to that State agency for operational or lump sum expenses for
19State fiscal year 2024. For the purpose of this subsection,
20"operational or lump sum expenses" includes the following
21objects: personal services; extra help; student and inmate
22compensation; State contributions to retirement systems; State
23contributions to social security; State contributions for
24employee group insurance; contractual services; travel;
25commodities; printing; equipment; electronic data processing;
26operation of automotive equipment; telecommunications

 

 

HB4959 Enrolled- 196 -LRB103 36303 SPS 66401 b

1services; travel and allowance for committed, paroled, and
2discharged prisoners; library books; federal matching grants
3for student loans; refunds; workers' compensation,
4occupational disease, and tort claims; late interest penalties
5under the State Prompt Payment Act and Sections 368a and 370a
6of the Illinois Insurance Code; lump sum and other purposes;
7and lump sum operations. For the purpose of this subsection,
8"State agency" does not include the Attorney General, the
9Secretary of State, the Comptroller, the Treasurer, or the
10judicial or legislative branches.
11    (c-11) Special provisions for State fiscal year 2025.
12Notwithstanding any other provision of this Section, for State
13fiscal year 2025, transfers among line item appropriations to
14a State agency from the same State treasury fund may be made
15for operational or lump sum expenses only, provided that the
16sum of such transfers for a State agency in State fiscal year
172025 shall not exceed 4% of the aggregate amount appropriated
18to that State agency for operational or lump sum expenses for
19State fiscal year 2025. For the purpose of this subsection,
20"operational or lump sum expenses" includes the following
21objects: personal services; extra help; student and inmate
22compensation; State contributions to retirement systems; State
23contributions to social security; State contributions for
24employee group insurance; contractual services; travel;
25commodities; printing; equipment; electronic data processing;
26operation of automotive equipment; telecommunications

 

 

HB4959 Enrolled- 197 -LRB103 36303 SPS 66401 b

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

 

 

HB4959 Enrolled- 198 -LRB103 36303 SPS 66401 b

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

 

 

HB4959 Enrolled- 199 -LRB103 36303 SPS 66401 b

1        (3) Disabled Student Tuition - Private Tuition
2    (Section 14-7.02 of the School Code);
3        (4) Extraordinary Special Education (Section 14-7.02b
4    of the School Code);
5        (5) Reimbursement for Free Lunch/Breakfast Programs;
6        (6) Summer School Payments (Section 18-4.3 of the
7    School Code);
8        (7) Transportation - Regular/Vocational Reimbursement
9    (Section 29-5 of the School Code);
10        (8) Regular Education Reimbursement (Section 18-3 of
11    the School Code); and
12        (9) Special Education Reimbursement (Section 14-7.03
13    of the School Code).
14    (f) For State fiscal year 2020 and each fiscal year
15thereafter, the Department on Aging, in consultation with the
16State Comptroller, with the advice and consent of the
17Governor's Office of Management and Budget, may transfer line
18item appropriations for purchase of services covered by the
19Community Care Program between the General Revenue Fund and
20the Commitment to Human Services Fund.
21    (g) For State fiscal year 2024 and each fiscal year
22thereafter, if requested by an agency chief executive officer
23and authorized and approved by the Comptroller, the
24Comptroller may direct and the Treasurer shall transfer funds
25from the General Revenue Fund to fund payroll expenses that
26meet the payroll transaction exception criteria as defined by

 

 

HB4959 Enrolled- 200 -LRB103 36303 SPS 66401 b

1the Comptroller in the Statewide Accounting Management System
2(SAMS) Manual. The agency shall then transfer these funds back
3to the General Revenue Fund within 7 days.
4(Source: P.A. 102-16, eff. 6-17-21; 102-699, eff. 4-19-22;
5103-8, eff. 6-7-23.)
 
6    Section 5-35. The State Revenue Sharing Act is amended by
7changing Section 12 as follows:
 
8    (30 ILCS 115/12)  (from Ch. 85, par. 616)
9    Sec. 12. Personal Property Tax Replacement Fund. There is
10hereby created the Personal Property Tax Replacement Fund, a
11special fund in the State Treasury into which shall be paid all
12revenue 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

 

 

HB4959 Enrolled- 201 -LRB103 36303 SPS 66401 b

1    Revenue under the Telecommunications Infrastructure
2    Maintenance Fee Act.
3    As soon as may be after the end of each month, the
4Department of Revenue shall certify to the Treasurer and the
5Comptroller the amount of all refunds paid out of the General
6Revenue Fund through the preceding month on account of
7overpayment of liability on taxes paid into the Personal
8Property Tax Replacement Fund. Upon receipt of such
9certification, the Treasurer and the Comptroller shall
10transfer the amount so certified from the Personal Property
11Tax Replacement Fund into the General Revenue Fund.
12    The payments of revenue into the Personal Property Tax
13Replacement Fund shall be used exclusively for distribution to
14taxing districts, regional offices and officials, and local
15officials as provided in this Section and in the School Code,
16payment of the ordinary and contingent expenses of the
17Property Tax Appeal Board, payment of the expenses of the
18Department of Revenue incurred in administering the collection
19and distribution of monies paid into the Personal Property Tax
20Replacement Fund and transfers due to refunds to taxpayers for
21overpayment of liability for taxes paid into the Personal
22Property Tax Replacement Fund.
23    In addition, moneys in the Personal Property Tax
24Replacement Fund may be used to pay any of the following: (i)
25salary, stipends, and additional compensation as provided by
26law for chief election clerks, county clerks, and county

 

 

HB4959 Enrolled- 202 -LRB103 36303 SPS 66401 b

1recorders; (ii) costs associated with regional offices of
2education and educational service centers; (iii)
3reimbursements payable by the State Board of Elections under
4Section 4-25, 5-35, 6-71, 13-10, 13-10a, or 13-11 of the
5Election Code; (iv) expenses of the Illinois Educational Labor
6Relations Board; and (v) salary, personal services, and
7additional compensation as provided by law for court reporters
8under the Court Reporters Act.
9    As soon as may be after June 26, 1980 (the effective date
10of Public Act 81-1255), the Department of Revenue shall
11certify to the Treasurer the amount of net replacement revenue
12paid into the General Revenue Fund prior to that effective
13date from the additional tax imposed by Section 2a.1 of the
14Messages Tax Act; Section 2a.1 of the Gas Revenue Tax Act;
15Section 2a.1 of the Public Utilities Revenue Act; Section 3 of
16the Water Company Invested Capital Tax Act; amounts collected
17by the Department of Revenue under the Telecommunications
18Infrastructure Maintenance Fee Act; and the additional
19personal property tax replacement income tax imposed by the
20Illinois Income Tax Act, as amended by Public Act 81-1st
21Special Session-1. Net replacement revenue shall be defined as
22the total amount paid into and remaining in the General
23Revenue Fund as a result of those Acts minus the amount
24outstanding and obligated from the General Revenue Fund in
25state vouchers or warrants prior to June 26, 1980 (the
26effective date of Public Act 81-1255) as refunds to taxpayers

 

 

HB4959 Enrolled- 203 -LRB103 36303 SPS 66401 b

1for overpayment of liability under those Acts.
2    All interest earned by monies accumulated in the Personal
3Property Tax Replacement Fund shall be deposited in such Fund.
4All amounts allocated pursuant to this Section are
5appropriated on a continuing basis.
6    Prior to December 31, 1980, as soon as may be after the end
7of each quarter beginning with the quarter ending December 31,
81979, and on and after December 31, 1980, as soon as may be
9after January 1, March 1, April 1, May 1, July 1, August 1,
10October 1 and December 1 of each year, the Department of
11Revenue shall allocate to each taxing district as defined in
12Section 1-150 of the Property Tax Code, in accordance with the
13provisions of paragraph (2) of this Section the portion of the
14funds held in the Personal Property Tax Replacement Fund which
15is required to be distributed, as provided in paragraph (1),
16for each quarter. Provided, however, under no circumstances
17shall any taxing district during each of the first two years of
18distribution of the taxes imposed by Public Act 81-1st Special
19Session-1 be entitled to an annual allocation which is less
20than the funds such taxing district collected from the 1978
21personal property tax. Provided further that under no
22circumstances shall any taxing district during the third year
23of distribution of the taxes imposed by Public Act 81-1st
24Special Session-1 receive less than 60% of the funds such
25taxing district collected from the 1978 personal property tax.
26In the event that the total of the allocations made as above

 

 

HB4959 Enrolled- 204 -LRB103 36303 SPS 66401 b

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

 

 

HB4959 Enrolled- 205 -LRB103 36303 SPS 66401 b

1has occurred on, after or before January 1, 1988, such
2proportionate share shall be immediately paid over to the
3library district which maintains and operates the library.
4However, any library that has converted prior to January 1,
51988, and which hitherto has not received the personal
6property tax replacement funds, shall receive such funds
7commencing on January 1, 1988.
8    Any township which receives an allocation based in whole
9or in part on personal property taxes which it levied pursuant
10to Section 1c of the Public Graveyards Act and which taxes were
11previously required to be paid over to or used for such public
12cemetery or cemeteries shall immediately pay over to or use
13for such public cemetery or cemeteries a proportionate share
14of the personal property tax replacement funds which the
15township receives.
16    Any taxing district which receives an allocation based in
17whole or in part upon personal property taxes which it levied
18for another governmental body or school district in Cook
19County in 1976 or for another governmental body or school
20district in the remainder of the State in 1977 shall
21immediately pay over to that governmental body or school
22district the amount of personal property replacement funds
23which such governmental body or school district would receive
24directly under the provisions of paragraph (2) of this
25Section, 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
5district outside Cook County shall be the ratio which the Tax
6Base of that taxing district bears to the Downstate Tax Base.
7The Tax Base of each taxing district outside of Cook County is
8the personal property tax collections for that taxing district
9for the 1977 tax year. The Downstate Tax Base is the personal
10property tax collections for all taxing districts in the State
11outside of Cook County for the 1977 tax year. The Department of
12Revenue shall have authority to review for accuracy and
13completeness the personal property tax collections for each
14taxing district outside Cook County for the 1977 tax year.
15    The Personal Property Replacement Ratio of each Cook
16County taxing district shall be the ratio which the Tax Base of
17that taxing district bears to the Cook County Tax Base. The Tax
18Base of each Cook County taxing district is the personal
19property tax collections for that taxing district for the 1976
20tax year. The Cook County Tax Base is the personal property tax
21collections for all taxing districts in Cook County for the
221976 tax year. The Department of Revenue shall have authority
23to review for accuracy and completeness the personal property
24tax collections for each taxing district within Cook County
25for the 1976 tax year.
26    For all purposes of this Section 12, amounts paid to a

 

 

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1taxing district for such tax years as may be applicable by a
2foreign corporation under the provisions of Section 7-202 of
3the Public Utilities Act, as amended, shall be deemed to be
4personal property taxes collected by such taxing district for
5such tax years as may be applicable. The Director shall
6determine from the Illinois Commerce Commission, for any tax
7year as may be applicable, the amounts so paid by any such
8foreign corporation to any and all taxing districts. The
9Illinois Commerce Commission shall furnish such information to
10the Director. For all purposes of this Section 12, the
11Director shall deem such amounts to be collected personal
12property taxes of each such taxing district for the applicable
13tax year or years.
14    Taxing districts located both in Cook County and in one or
15more other counties shall receive both a Cook County
16allocation and a Downstate allocation determined in the same
17way as all other taxing districts.
18    If any taxing district in existence on July 1, 1979 ceases
19to exist, or discontinues its operations, its Tax Base shall
20thereafter be deemed to be zero. If the powers, duties and
21obligations of the discontinued taxing district are assumed by
22another taxing district, the Tax Base of the discontinued
23taxing district shall be added to the Tax Base of the taxing
24district assuming such powers, duties and obligations.
25    If two or more taxing districts in existence on July 1,
261979, or a successor or successors thereto shall consolidate

 

 

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1into one taxing district, the Tax Base of such consolidated
2taxing district shall be the sum of the Tax Bases of each of
3the taxing districts which have consolidated.
4    If a single taxing district in existence on July 1, 1979,
5or a successor or successors thereto shall be divided into two
6or more separate taxing districts, the tax base of the taxing
7district so divided shall be allocated to each of the
8resulting taxing districts in proportion to the then current
9equalized assessed value of each resulting taxing district.
10    If a portion of the territory of a taxing district is
11disconnected and annexed to another taxing district of the
12same type, the Tax Base of the taxing district from which
13disconnection was made shall be reduced in proportion to the
14then current equalized assessed value of the disconnected
15territory as compared with the then current equalized assessed
16value within the entire territory of the taxing district prior
17to disconnection, and the amount of such reduction shall be
18added to the Tax Base of the taxing district to which
19annexation is made.
20    If a community college district is created after July 1,
211979, beginning on January 1, 1996 (the effective date of
22Public Act 89-327), its Tax Base shall be 3.5% of the sum of
23the personal property tax collected for the 1977 tax year
24within the territorial jurisdiction of the district.
25    The amounts allocated and paid to taxing districts
26pursuant to the provisions of Public Act 81-1st Special

 

 

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1Session-1 shall be deemed to be substitute revenues for the
2revenues derived from taxes imposed on personal property
3pursuant to the provisions of the "Revenue Act of 1939" or "An
4Act for the assessment and taxation of private car line
5companies", approved July 22, 1943, as amended, or Section 414
6of the Illinois Insurance Code, prior to the abolition of such
7taxes and shall be used for the same purposes as the revenues
8derived from ad valorem taxes on real estate.
9    Monies received by any taxing districts from the Personal
10Property Tax Replacement Fund shall be first applied toward
11payment of the proportionate amount of debt service which was
12previously levied and collected from extensions against
13personal property on bonds outstanding as of December 31, 1978
14and next applied toward payment of the proportionate share of
15the pension or retirement obligations of the taxing district
16which were previously levied and collected from extensions
17against personal property. For each such outstanding bond
18issue, the County Clerk shall determine the percentage of the
19debt service which was collected from extensions against real
20estate in the taxing district for 1978 taxes payable in 1979,
21as related to the total amount of such levies and collections
22from extensions against both real and personal property. For
231979 and subsequent years' taxes, the County Clerk shall levy
24and extend taxes against the real estate of each taxing
25district which will yield the said percentage or percentages
26of the debt service on such outstanding bonds. The balance of

 

 

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1the amount necessary to fully pay such debt service shall
2constitute a first and prior lien upon the monies received by
3each such taxing district through the Personal Property Tax
4Replacement Fund and shall be first applied or set aside for
5such purpose. In counties having fewer than 3,000,000
6inhabitants, the amendments to this paragraph as made by
7Public Act 81-1255 shall be first applicable to 1980 taxes to
8be collected in 1981.
9(Source: P.A. 102-16, eff. 6-17-21; 102-699, eff. 4-19-22;
10103-8, eff. 6-7-23.)
 
11    Section 5-40. The Illinois Procurement Code is amended by
12changing 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,
162010 (the effective date of Public Act 96-795) this amendatory
17Act of the 96th General Assembly, the Executive Ethics
18Commission, with the advice and consent of the Senate shall
19appoint or approve 4 chief procurement officers, one for each
20of 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
17Commission shall set aside from its appropriation those
18amounts necessary for the use of the 4 chief procurement
19officers for the ordinary and contingent expenses of their
20respective procurement offices. From the amounts set aside by
21the Commission, each chief procurement officer shall control
22the internal operations of his or her procurement office and
23shall procure the necessary equipment, materials, and services
24to perform the duties of that office, including hiring
25necessary procurement personnel, legal advisors, and other
26employees, and may establish, in the exercise of the chief

 

 

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1procurement officer's discretion, the compensation of the
2office's employees, which includes the State purchasing
3officers and any legal advisors. The Executive Ethics
4Commission shall have no control over the employees of the
5chief procurement officers. The Executive Ethics Commission
6shall provide administrative support services, including
7payroll, for each procurement office.
8    (b) Terms and independence. Each chief procurement officer
9appointed under this Section shall serve for a term of 5 years
10beginning on the date of the officer's appointment. The chief
11procurement officer may be removed for cause after a hearing
12by the Executive Ethics Commission. The Governor or the
13director of a State agency directly responsible to the
14Governor may institute a complaint against the officer by
15filing such complaint with the Commission. The Commission
16shall have a hearing based on the complaint. The officer and
17the complainant shall receive reasonable notice of the hearing
18and shall be permitted to present their respective arguments
19on the complaint. After the hearing, the Commission shall make
20a finding on the complaint and may take disciplinary action,
21including but not limited to removal of the officer.
22    The salary of a chief procurement officer shall be
23established by the Executive Ethics Commission and may not be
24diminished during the officer's term. The salary may not
25exceed the salary of the director of a State agency for which
26the officer serves as chief procurement officer.

 

 

HB4959 Enrolled- 215 -LRB103 36303 SPS 66401 b

1    (c) Qualifications. In addition to any other requirement
2or qualification required by State law, each chief procurement
3officer must within 12 months of employment be a Certified
4Professional Public Buyer or a Certified Public Purchasing
5Officer, pursuant to certification by the Universal Public
6Purchasing Certification Council, and must reside in Illinois.
7    (d) Fiduciary duty. Each chief procurement officer owes a
8fiduciary duty to the State.
9    (e) Vacancy. In case of a vacancy in one or more of the
10offices of a chief procurement officer under this Section
11during the recess of the Senate, the Executive Ethics
12Commission shall make a temporary appointment until the next
13meeting of the Senate, when the Executive Ethics Commission
14shall nominate some person to fill the office, and any person
15so nominated who is confirmed by the Senate shall hold office
16during the remainder of the term and until his or her successor
17is appointed and qualified. If the Senate is not in session at
18the time Public Act 96-920 this amendatory Act of the 96th
19General Assembly takes effect, the Executive Ethics Commission
20shall 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
25changing Section 3-6 and by adding Section 3-7 as follows:
 

 

 

HB4959 Enrolled- 216 -LRB103 36303 SPS 66401 b

1    (30 ILCS 540/3-6)
2    Sec. 3-6. Federal funds; lack of authority. If an agency
3incurs an interest liability under this Act that cannot be
4charged to the same expenditure authority account to which the
5related goods or services were charged due to federal
6prohibitions, the agency is authorized to pay the interest
7from its available appropriations from the General Revenue
8Fund, except that the Department of Transportation is
9authorized to pay the interest from its available
10appropriations from the Road Fund, as long as the original
11goods or services were for purposes consistent with Section 11
12of 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
16Transportation incurs an interest liability under this Act
17that would be payable from a transportation bond fund, the
18Department of Transportation is authorized to pay the interest
19from its available appropriations from the Road Fund, as long
20as the original purpose to which the bond funds were applied
21was consistent with Section 11 of Article IX of the Illinois
22Constitution. As used in this Section, "transportation bond
23fund" means any of the following funds in the State treasury:
24the Transportation Bond, Series A Fund; the Transportation

 

 

HB4959 Enrolled- 217 -LRB103 36303 SPS 66401 b

1Bond, Series B Fund; the Transportation Bond Series D Fund;
2and the Multi-modal Transportation Bond Fund.
 
3    Section 5-45. The Illinois Works Jobs Program Act is
4amended by changing Section 20-15 as follows:
 
5    (30 ILCS 559/20-15)
6    Sec. 20-15. Illinois Works Preapprenticeship Program;
7Illinois Works Bid Credit Program.
8    (a) The Illinois Works Preapprenticeship Program is
9established and shall be administered by the Department. The
10goal of the Illinois Works Preapprenticeship Program is to
11create a network of community-based organizations throughout
12the State that will recruit, prescreen, and provide
13preapprenticeship skills training, for which participants may
14attend free of charge and receive a stipend, to create a
15qualified, diverse pipeline of workers who are prepared for
16careers in the construction and building trades. Upon
17completion of the Illinois Works Preapprenticeship Program,
18the candidates will be skilled and work-ready.
19    (b) There is created the Illinois Works Fund, a special
20fund in the State treasury. The Illinois Works Fund shall be
21administered by the Department. The Illinois Works Fund shall
22be used to provide funding for community-based organizations
23throughout the State. In addition to any other transfers that
24may be provided for by law, on and after July 1, 2019 at the

 

 

HB4959 Enrolled- 218 -LRB103 36303 SPS 66401 b

1direction of the Director of the Governor's Office of
2Management and Budget, the State Comptroller shall direct and
3the State Treasurer shall transfer amounts not exceeding a
4total of $50,000,000 from the Rebuild Illinois Projects Fund
5to the Illinois Works Fund.
6    (b-5) In addition to any other transfers that may be
7provided for by law, beginning July 1, 2024 and each July 1
8thereafter, or as soon thereafter as practical, the State
9Comptroller shall direct and the State Treasurer shall
10transfer $20,000,000 from the Capital Projects Fund to the
11Illinois Works Fund.
12    (c) Each community-based organization that receives
13funding from the Illinois Works Fund shall provide an annual
14report to the Illinois Works Review Panel by April 1 of each
15calendar year. The annual report shall include the following
16information:
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

 

 

HB4959 Enrolled- 219 -LRB103 36303 SPS 66401 b

1    building trades.
2    (d) The Department shall create and administer the
3Illinois Works Bid Credit Program that shall provide economic
4incentives, through bid credits, to encourage contractors and
5subcontractors to provide contracting and employment
6opportunities to historically underrepresented populations in
7the construction industry.
8    The Illinois Works Bid Credit Program shall allow
9contractors and subcontractors to earn bid credits for use
10toward future bids for public works projects contracted by the
11State or an agency of the State in order to increase the
12chances that the contractor and the subcontractors will be
13selected.
14    Contractors or subcontractors may be eligible to earn bid
15credits for employing apprentices who have completed the
16Illinois Works Preapprenticeship Program. Contractors or
17subcontractors shall earn bid credits at a rate established by
18the Department and based on labor hours worked by apprentices
19who have completed the Illinois Works Preapprenticeship
20Program. In order to earn bid credits, contractors and
21subcontractors shall provide the Department with certified
22payroll documenting the hours performed by apprentices who
23have completed the Illinois Works Preapprenticeship Program.
24Contractors and subcontractors can use bid credits toward
25future bids for public works projects contracted or funded by
26the State or an agency of the State in order to increase the

 

 

HB4959 Enrolled- 220 -LRB103 36303 SPS 66401 b

1likelihood of being selected as the contractor for the public
2works project toward which they have applied the bid credit.
3The Department shall establish the rate by rule and shall
4publish it on the Department's website. The rule may include
5maximum bid credits allowed per contractor, per subcontractor,
6per apprentice, per bid, or per year.
7    The Illinois Works Credit Bank is hereby created and shall
8be administered by the Department. The Illinois Works Credit
9Bank shall track the bid credits.
10    A contractor or subcontractor who has been awarded bid
11credits under any other State program for employing
12apprentices who have completed the Illinois Works
13Preapprenticeship Program is not eligible to receive bid
14credits under the Illinois Works Bid Credit Program relating
15to the same contract.
16    The Department shall report to the Illinois Works Review
17Panel the following: (i) the number of bid credits awarded by
18