Full Text of HB5052 102nd General Assembly
HB5052sam001 102ND GENERAL ASSEMBLY | Sen. Don Harmon Filed: 1/6/2023
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| 1 | | AMENDMENT TO HOUSE BILL 5052
| 2 | | AMENDMENT NO. ______. Amend House Bill 5052 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "ARTICLE 1. | 5 | | Section 1-1. Short Title. This Act may be cited as the | 6 | | Second FY2023 Budget Implementation Act. | 7 | | Section 1-5. Purpose. It is the purpose of this Act to make | 8 | | additional changes in State programs that are necessary to | 9 | | implement the State budget for Fiscal Year 2023 and subsequent | 10 | | fiscal years. | 11 | | Article 5 | 12 | | Section 5-1. Short title. This Article may be cited as the | 13 | | Warehouse Safety Standards Task Force Act. As used in this |
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| 1 | | Article, "this Act" refers to this Article. | 2 | | Section 5-5. The Warehouse Safety Standards Task Force.
| 3 | | (a) The Warehouse Safety Standards Task Force is created | 4 | | to study warehouse safety standards. The Task Force shall | 5 | | consist of the following members:
| 6 | | (1) 2 members of the House of Representatives, | 7 | | appointed by the Speaker of the House of Representatives;
| 8 | | (2) 2 members of the House of Representatives, | 9 | | appointed by the Minority Leader of the House of | 10 | | Representatives;
| 11 | | (3) 2 members of the Senate, appointed by the | 12 | | President of the Senate;
| 13 | | (4) 2 members of the Senate, appointed by the Minority | 14 | | Leader of the Senate;
| 15 | | (5) one representative of an entity representing | 16 | | retail merchants, appointed by the Governor;
| 17 | | (6) one representative of an entity representing | 18 | | manufacturers, appointed by the Governor;
| 19 | | (7) one representative of an entity representing | 20 | | mayors, appointed by the Governor;
| 21 | | (8) one representative of the American Federation of | 22 | | Labor and Congress of Industrial Organizations, appointed | 23 | | by the Governor;
| 24 | | (9) one representative of a labor union representing | 25 | | warehouse workers, appointed by the Governor; |
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| 1 | | (10) one representative of a worker advocacy | 2 | | organization representing warehouse workers, appointed by | 3 | | the Governor; and
| 4 | | (11) the Director of Labor or his or her designee, who | 5 | | shall serve as the ex officio chair.
| 6 | | (b) The members of the Task Force shall serve without | 7 | | compensation.
| 8 | | (c) The Department of Labor shall provide administrative | 9 | | support to the Task Force.
| 10 | | Section 5-10. Reports. The Task Force must provide | 11 | | quarterly updates of its findings, discussions, and decisions | 12 | | to the Governor and the General Assembly. The Task Force shall | 13 | | submit a final report of its recommendations to the Governor | 14 | | and the General Assembly no later than January 1, 2025. | 15 | | Section 5-90. Repeal. The Task Force is dissolved and this | 16 | | Act is repealed on January 1, 2026.
| 17 | | Article 10 | 18 | | Section 10-5. The Illinois Administrative Procedure Act is | 19 | | amended by adding Section 5-45.35 as follows: | 20 | | (5 ILCS 100/5-45.35 new) | 21 | | Sec. 5-45.35. Emergency rulemaking; Hate Crimes and Bias |
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| 1 | | Incident Prevention and Response Fund. To provide for the | 2 | | expeditious and timely implementation of this amendatory Act | 3 | | of the 102nd General Assembly, emergency rules implementing | 4 | | Section 6z-138 of the State Finance Act may be adopted in | 5 | | accordance with Section 5-45 by the Department of Human | 6 | | Rights, and emergency rules implementing Section 605-1105 of | 7 | | the Department of Commerce and Economic Opportunity Law of the | 8 | | Civil Administrative Code of Illinois may be adopted in | 9 | | accordance with Section 5-45 by the Department of Commerce and | 10 | | Economic Opportunity. The adoption of emergency rules | 11 | | authorized by Section 5-45 and this Section is deemed to be | 12 | | necessary for the public interest, safety, and welfare. | 13 | | This Section is repealed one year after the effective date | 14 | | of this amendatory Act of the 102nd General Assembly. | 15 | | Section 10-10. The State Employees Group Insurance Act of | 16 | | 1971 is amended by changing Section 11 as follows:
| 17 | | (5 ILCS 375/11) (from Ch. 127, par. 531)
| 18 | | Sec. 11. The amount of contribution in any fiscal year | 19 | | from funds other than
the General Revenue Fund or the Road Fund | 20 | | shall be at the same contribution
rate as the General Revenue | 21 | | Fund or the Road Fund except that, in State Fiscal Year 2009, | 22 | | no contributions shall be required from the FY09 Budget Relief | 23 | | Fund . Contributions and payments
for life insurance shall be | 24 | | deposited in the Group Insurance Premium Fund.
Contributions |
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| 1 | | and payments for health coverages and other benefits shall be
| 2 | | deposited in the Health Insurance Reserve Fund. Federal funds | 3 | | which are
available for cooperative extension purposes shall | 4 | | also be charged for the
contributions which are made for | 5 | | retired employees formerly employed in the
Cooperative | 6 | | Extension Service. In the case of departments or any division
| 7 | | thereof receiving a fraction of its requirements for | 8 | | administration from the
Federal Government, the contributions | 9 | | hereunder shall be such fraction of the
amount determined | 10 | | under the provisions hereof and the
remainder shall be | 11 | | contributed by the State.
| 12 | | Every department which has members paid from funds other | 13 | | than the General
Revenue Fund shall cooperate with the | 14 | | Department of Central Management Services
and the
Governor's | 15 | | Office of Management and Budget in order to assure that the | 16 | | specified
proportion of the State's cost for group life | 17 | | insurance, the program of health
benefits and other employee | 18 | | benefits is paid by such funds; except that
contributions | 19 | | under this Act need not be paid from any other
fund where both | 20 | | the Director of Central Management Services and the Director | 21 | | of
the
Governor's Office of Management and Budget have | 22 | | designated in writing that the necessary
contributions are | 23 | | included in the General Revenue Fund contribution amount.
| 24 | | Universities having employees who are totally
compensated | 25 | | out of the following funds or sources are not required to | 26 | | submit the contribution described in this Section for such |
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| 1 | | employees :
| 2 | | (1) income funds, as described in Sections 6a-1, | 3 | | 6a-1a, 6a-1b, 6a-1c, 6a-1d, 6a-1e, 6a-1f, 6a-1g, and 6d of | 4 | | the State Finance Act, including tuition, laboratory, and | 5 | | library fees and any interest earned on those fees Income | 6 | | Funds ;
| 7 | | (2) local auxiliary funds, as described in the | 8 | | Legislative Audit Commission's University Guidelines, as | 9 | | published on November 17, 2020, including the following: | 10 | | (i) funds from auxiliary enterprises, which are | 11 | | operations that support the overall objectives of the | 12 | | university but are not directly related to | 13 | | instruction, research, or service organizational | 14 | | units; | 15 | | (ii) funds from auxiliary activities, which are | 16 | | functions that are self-supporting, in whole or in | 17 | | part, and are directly related to instruction, | 18 | | research, or service units; Local auxiliary funds; and
| 19 | | (3) the Agricultural Premium Fund as established by | 20 | | Section 5.01 of the State Finance Act;
| 21 | | (4) appropriations from the General Revenue Fund, | 22 | | Education Assistance Fund, or other State appropriations | 23 | | that are made for the purposes of instruction, research, | 24 | | public service, or economic development; | 25 | | (5) funds to the University of Illinois Hospital for | 26 | | health care professional services that are performed by |
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| 1 | | University of Illinois faculty or University of Illinois | 2 | | health care programs established under the University of | 3 | | Illinois Hospital Act; or | 4 | | (6) funds designated for the Cooperative Extension | 5 | | Service, as defined in Section 3 of the County Cooperative | 6 | | Extension Law. | 7 | | shall not be required to submit such contribution for such | 8 | | employees.
| 9 | | If an employee of a university is partially compensated | 10 | | from the funds or sources of funds identified in paragraphs | 11 | | (1) through (6) above, universities shall be required to | 12 | | submit a pro rata contribution for the portion of the | 13 | | employee's compensation that is derived out of funds or | 14 | | sources other than those identified in paragraphs (1) through | 15 | | (6) above. | 16 | | The Department of Central Management Services may conduct | 17 | | a post-payment review of university reimbursements to assess | 18 | | or address any discrepancies. Universities shall cooperate | 19 | | with the Department of Central Management Services during any | 20 | | post-payment review, that may require universities to provide | 21 | | documentation to support payment calculations or funding | 22 | | sources used for calculating reimbursements. The Department of | 23 | | Central Management Services reserves the right to reconcile | 24 | | any discrepancies in reimbursement subtotals or total | 25 | | obligations and to notify universities of all final | 26 | | reconciliations, which shall include the Department of Central |
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| 1 | | Management Services calculations and the amount of any credits | 2 | | or obligations that may be due. | 3 | | For each employee of the Illinois Toll Highway Authority | 4 | | person covered under this Act whose eligibility for such
| 5 | | coverage is as an annuitant based upon the person's status as | 6 | | the recipient of a benefit
under the Illinois Pension Code, | 7 | | which benefit is based in whole or in part
upon service with | 8 | | the Toll Highway Authority , the Authority shall annually
| 9 | | contribute an amount, as determined by the Director of the
| 10 | | Department of Central Management Services, that represents the
| 11 | | average employer's share of the cost of retiree coverage per
| 12 | | participating employee in the State Employees Group Insurance
| 13 | | Program a pro rata share of the State's cost for the benefits | 14 | | of that
person .
| 15 | | (Source: P.A. 102-1071, eff. 6-10-22.)
| 16 | | Section 10-15. The Children and Family Services Act is | 17 | | amended by adding Section 45 as follows: | 18 | | (20 ILCS 505/45 new) | 19 | | Sec. 45. Title IV-E funds for legal services to foster | 20 | | youth and families. | 21 | | (a) Findings and purpose. The General Assembly finds the | 22 | | following: | 23 | | (1) Child welfare court proceedings are serious and | 24 | | life changing. Children and youth are subject to court |
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| 1 | | decisions that may forever change their family | 2 | | composition, as well as their connections to culture and | 3 | | heritage. | 4 | | (2) The gravity of child welfare proceedings and the | 5 | | rights and liabilities at stake necessitate the provision | 6 | | of quality legal representation for children and youth | 7 | | throughout the duration of child welfare proceedings. | 8 | | (3) Legal representation serves to protect and advance | 9 | | the interests of children and youth in court and provides | 10 | | confidential attorney-client privilege to ensure children | 11 | | feel safe sharing with attorneys information that | 12 | | otherwise may go unvoiced. | 13 | | (4) As the agency responsible for administering the | 14 | | State's approved Title IV-E State Plan, the Department of | 15 | | Children and Family Services is the only State agency with | 16 | | the authority to seek federal matching funds under Title | 17 | | IV-E of the Social Security Act for children who are | 18 | | candidates for foster care, children who are in foster | 19 | | care, and parents who are participating in foster care | 20 | | legal proceedings. | 21 | | (5) It is the intent of the General Assembly to ensure | 22 | | the Department leverages and maximizes federal resources | 23 | | to support the provision of quality legal representation | 24 | | to children and families to improve outcomes in the child | 25 | | welfare system. | 26 | | (b) Definitions. As used in this Section: |
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| 1 | | "Child's lawyer" means a lawyer who is appointed by the | 2 | | court to serve as a child's lawyer in a proceeding pending | 3 | | under Article II of the Juvenile Court Act of 1987 in | 4 | | accordance with the duties prescribed by State statute, court | 5 | | rules, standards of practice, and the Illinois Rules of | 6 | | Professional Conduct, including, but not limited to, | 7 | | diligence, communication, confidentiality, and the | 8 | | responsibilities to zealously assert the client's position | 9 | | under the rules of the adversary system and to abide by the | 10 | | client's decisions concerning the objectives of | 11 | | representation, as provided for in the Illinois Rules of | 12 | | Professional Conduct. | 13 | | "Respondent's lawyer" means a lawyer who provides legal | 14 | | representation to a parent, guardian, legal custodian, or | 15 | | responsible relative who is named as a party-respondent in a | 16 | | proceeding pending under Article II of the Juvenile Court Act | 17 | | of 1987 in accordance with the duties prescribed by State | 18 | | statute, court rules, standards of practice, and the Illinois | 19 | | Rules of Professional Conduct, including, but not limited to, | 20 | | diligence, communication, confidentiality, and the | 21 | | responsibilities to zealously assert the client's position | 22 | | under the rules of the adversary system and to abide by the | 23 | | client's decisions concerning the objectives of | 24 | | representation, as provided for in the Illinois Rules of | 25 | | Professional Conduct. | 26 | | (c) The Department shall pursue claiming Title IV-E |
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| 1 | | administrative costs for independent legal representation by | 2 | | an attorney for a child who is a candidate for Title IV-E | 3 | | foster care, or who is in foster care, and the child's parent | 4 | | to prepare for and participate in all stages of foster care | 5 | | legal proceedings. Federal reimbursements for these | 6 | | administrative costs must be deposited into the Due Process | 7 | | for Youth and Families Fund created under subsection (d). | 8 | | (d) The Due Process for Youth and Families Fund is created | 9 | | as a special fund in the State treasury. The Fund shall consist | 10 | | of any moneys appropriated to the Department from federal | 11 | | Title IV-E reimbursements for administrative costs as | 12 | | described in subsection (c) and any other moneys deposited | 13 | | into the Fund in accordance with this Section. Subject to | 14 | | appropriation, moneys in the Fund shall be disbursed for fees | 15 | | and costs incurred by organizations or law practitioners that | 16 | | provide services as a child's lawyer or respondent's lawyer as | 17 | | those terms are defined in subsection (b) and for no other | 18 | | purpose. All interest earned on moneys in the Fund shall be | 19 | | deposited into the Fund. The Department and the State | 20 | | Treasurer may accept funds as provided under Title IV-E of the | 21 | | Social Security Act for deposit into the Fund. Annual requests | 22 | | for appropriations for the purpose of providing independent | 23 | | legal representation under this Section shall be made in | 24 | | separate and distinct line-items. | 25 | | (e) Units of local government and public and private | 26 | | agencies may apply for and receive federal or State funds from |
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| 1 | | the Department in accordance with the purposes of this | 2 | | Section. | 3 | | Section 10-20. The Department of Commerce and Economic | 4 | | Opportunity Law of the
Civil Administrative Code of Illinois | 5 | | is amended by adding Section 605-1105 as follows: | 6 | | (20 ILCS 605/605-1105 new) | 7 | | Sec. 605-1105. Local chambers of commerce recovery grants. | 8 | | (a) Upon receipt or availability of the State or federal | 9 | | funds described in subsection (b), and subject to | 10 | | appropriation of those funds for the purposes described in | 11 | | this Section, the Department of Commerce and Economic | 12 | | Opportunity shall establish a program to award grants to local | 13 | | chambers of commerce. The Department shall award an aggregate | 14 | | amount of $5,000,000 in grants under this Section to eligible | 15 | | chambers of commerce. Each eligible chamber of commerce that | 16 | | applies to the Department for a grant under this Section shall | 17 | | certify to the Department the difference between the chamber | 18 | | of commerce's total annual revenue in calendar year 2019 and | 19 | | the chamber of commerce's total annual revenue in calendar | 20 | | year 2020. The maximum amount that may be awarded to any | 21 | | eligible chamber of commerce during the first round of grants | 22 | | is one-sixth of the certified amount. In determining grant | 23 | | amounts awarded under this Act, the Department may consider | 24 | | any awards that the chamber of commerce has received from the |
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| 1 | | Back to Business Grant Program or the Business Interruption | 2 | | Grant Program. If the entire amount of moneys appropriated for | 3 | | the purposes of this Section has not been allocated after a | 4 | | first round of grants is made, the Department may award | 5 | | additional funds to eligible chambers of commerce from the | 6 | | remaining funds. Grants awarded under this Section shall not | 7 | | be used to make any direct lobbying expenditure, as defined in | 8 | | subsection (c) of Section 4911 of the Internal Revenue Code, | 9 | | or to engage in any political campaign activity described in | 10 | | Section 501(c)(3) of the Internal Revenue Code. | 11 | | (b) The Department may use State funds and federal funds | 12 | | that are allocated to the State under the authority of | 13 | | legislation passed in response to the COVID-19 pandemic to | 14 | | provide grants under this Section. Those federal funds | 15 | | include, but are not limited to, funds allocated to the State | 16 | | under the American Rescue Plan Act of 2021. Any federal moneys | 17 | | used for this purpose shall be used in accordance with the | 18 | | federal legislation authorizing the use of those funds and | 19 | | related federal guidance as well as any other applicable State | 20 | | and federal laws. | 21 | | (c) The Department may adopt any rules necessary to | 22 | | implement and administer the grant program created by this | 23 | | Section. The emergency rulemaking process may be used to adopt | 24 | | the initial program rules following the effective date of this | 25 | | amendatory Act of the 102nd General Assembly. | 26 | | (d) As used in this Section, "eligible chamber of |
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| 1 | | commerce" means a voluntary membership, dues-paying | 2 | | organization of business and professional persons dedicated to | 3 | | improving the economic climate and business development of the | 4 | | community, area, or region in which the organization is | 5 | | located and that: | 6 | | (1) operates as an approved not-for-profit | 7 | | corporation; | 8 | | (2) is tax-exempt under Section 501(c)(3) or Section | 9 | | 501(c)(6) of the Internal Revenue Code of 1986; | 10 | | (3) has an annual revenue of $1,000,000 or less; and | 11 | | (4) has experienced an identifiable negative economic | 12 | | impact resulting from or exacerbated by the public health | 13 | | emergency or served a community disproportionately | 14 | | impacted by a public health emergency. | 15 | | Section 10-25. The Illinois Lottery Law is amended by | 16 | | changing Section 9.1 as follows: | 17 | | (20 ILCS 1605/9.1) | 18 | | Sec. 9.1. Private manager and management agreement. | 19 | | (a) As used in this Section: | 20 | | "Offeror" means a person or group of persons that responds | 21 | | to a request for qualifications under this Section. | 22 | | "Request for qualifications" means all materials and | 23 | | documents prepared by the Department to solicit the following | 24 | | from offerors: |
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| 1 | | (1) Statements of qualifications. | 2 | | (2) Proposals to enter into a management agreement, | 3 | | including the identity of any prospective vendor or | 4 | | vendors that the offeror intends to initially engage to | 5 | | assist the offeror in performing its obligations under the | 6 | | management agreement. | 7 | | "Final offer" means the last proposal submitted by an | 8 | | offeror in response to the request for qualifications, | 9 | | including the identity of any prospective vendor or vendors | 10 | | that the offeror intends to initially engage to assist the | 11 | | offeror in performing its obligations under the management | 12 | | agreement. | 13 | | "Final offeror" means the offeror ultimately selected by | 14 | | the Governor to be the private manager for the Lottery under | 15 | | subsection (h) of this Section. | 16 | | (b) By September 15, 2010, the Governor shall select a | 17 | | private manager for the total management of the Lottery with | 18 | | integrated functions, such as lottery game design, supply of | 19 | | goods and services, and advertising and as specified in this | 20 | | Section. | 21 | | (c) Pursuant to the terms of this subsection, the | 22 | | Department shall endeavor to expeditiously terminate the | 23 | | existing contracts in support of the Lottery in effect on July | 24 | | 13, 2009 (the effective date of Public Act 96-37) in | 25 | | connection with the selection of the private manager. As part | 26 | | of its obligation to terminate these contracts and select the |
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| 1 | | private manager, the Department shall establish a mutually | 2 | | agreeable timetable to transfer the functions of existing | 3 | | contractors to the private manager so that existing Lottery | 4 | | operations are not materially diminished or impaired during | 5 | | the transition. To that end, the Department shall do the | 6 | | following: | 7 | | (1) where such contracts contain a provision | 8 | | authorizing termination upon notice, the Department shall | 9 | | provide notice of termination to occur upon the mutually | 10 | | agreed timetable for transfer of functions; | 11 | | (2) upon the expiration of any initial term or renewal | 12 | | term of the current Lottery contracts, the Department | 13 | | shall not renew such contract for a term extending beyond | 14 | | the mutually agreed timetable for transfer of functions; | 15 | | or | 16 | | (3) in the event any current contract provides for | 17 | | termination of that contract upon the implementation of a | 18 | | contract with the private manager, the Department shall | 19 | | perform all necessary actions to terminate the contract on | 20 | | the date that coincides with the mutually agreed timetable | 21 | | for transfer of functions. | 22 | | If the contracts to support the current operation of the | 23 | | Lottery in effect on July 13, 2009 (the effective date of | 24 | | Public Act 96-34) are not subject to termination as provided | 25 | | for in this subsection (c), then the Department may include a | 26 | | provision in the contract with the private manager specifying |
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| 1 | | a mutually agreeable methodology for incorporation. | 2 | | (c-5) The Department shall include provisions in the | 3 | | management agreement whereby the private manager shall, for a | 4 | | fee, and pursuant to a contract negotiated with the Department | 5 | | (the "Employee Use Contract"), utilize the services of current | 6 | | Department employees to assist in the administration and | 7 | | operation of the Lottery. The Department shall be the employer | 8 | | of all such bargaining unit employees assigned to perform such | 9 | | work for the private manager, and such employees shall be | 10 | | State employees, as defined by the Personnel Code. Department | 11 | | employees shall operate under the same employment policies, | 12 | | rules, regulations, and procedures, as other employees of the | 13 | | Department. In addition, neither historical representation | 14 | | rights under the Illinois Public Labor Relations Act, nor | 15 | | existing collective bargaining agreements, shall be disturbed | 16 | | by the management agreement with the private manager for the | 17 | | management of the Lottery. | 18 | | (d) The management agreement with the private manager | 19 | | shall include all of the following: | 20 | | (1) A term not to exceed 10 years, including any | 21 | | renewals. | 22 | | (2) A provision specifying that the Department: | 23 | | (A) shall exercise actual control over all | 24 | | significant business decisions; | 25 | | (A-5) has the authority to direct or countermand | 26 | | operating decisions by the private manager at any |
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| 1 | | time; | 2 | | (B) has ready access at any time to information | 3 | | regarding Lottery operations; | 4 | | (C) has the right to demand and receive | 5 | | information from the private manager concerning any | 6 | | aspect of the Lottery operations at any time; and | 7 | | (D) retains ownership of all trade names, | 8 | | trademarks, and intellectual property associated with | 9 | | the Lottery. | 10 | | (3) A provision imposing an affirmative duty on the | 11 | | private manager to provide the Department with material | 12 | | information and with any information the private manager | 13 | | reasonably believes the Department would want to know to | 14 | | enable the Department to conduct the Lottery. | 15 | | (4) A provision requiring the private manager to | 16 | | provide the Department with advance notice of any | 17 | | operating decision that bears significantly on the public | 18 | | interest, including, but not limited to, decisions on the | 19 | | kinds of games to be offered to the public and decisions | 20 | | affecting the relative risk and reward of the games being | 21 | | offered, so the Department has a reasonable opportunity to | 22 | | evaluate and countermand that decision. | 23 | | (5) A provision providing for compensation of the | 24 | | private manager that may consist of, among other things, a | 25 | | fee for services and a performance based bonus as | 26 | | consideration for managing the Lottery, including terms |
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| 1 | | that may provide the private manager with an increase in | 2 | | compensation if Lottery revenues grow by a specified | 3 | | percentage in a given year. | 4 | | (6) (Blank). | 5 | | (7) A provision requiring the deposit of all Lottery | 6 | | proceeds to be deposited into the State Lottery Fund | 7 | | except as otherwise provided in Section 20 of this Act. | 8 | | (8) A provision requiring the private manager to | 9 | | locate its principal office within the State. | 10 | | (8-5) A provision encouraging that at least 20% of the | 11 | | cost of contracts entered into for goods and services by | 12 | | the private manager in connection with its management of | 13 | | the Lottery, other than contracts with sales agents or | 14 | | technical advisors, be awarded to businesses that are a | 15 | | minority-owned business, a women-owned business, or a | 16 | | business owned by a person with disability, as those terms | 17 | | are defined in the Business Enterprise for Minorities, | 18 | | Women, and Persons with Disabilities Act. | 19 | | (9) A requirement that so long as the private manager | 20 | | complies with all the conditions of the agreement under | 21 | | the oversight of the Department, the private manager shall | 22 | | have the following duties and obligations with respect to | 23 | | the management of the Lottery: | 24 | | (A) The right to use equipment and other assets | 25 | | used in the operation of the Lottery. | 26 | | (B) The rights and obligations under contracts |
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| 1 | | with retailers and vendors. | 2 | | (C) The implementation of a comprehensive security | 3 | | program by the private manager. | 4 | | (D) The implementation of a comprehensive system | 5 | | of internal audits. | 6 | | (E) The implementation of a program by the private | 7 | | manager to curb compulsive gambling by persons playing | 8 | | the Lottery. | 9 | | (F) A system for determining (i) the type of | 10 | | Lottery games, (ii) the method of selecting winning | 11 | | tickets, (iii) the manner of payment of prizes to | 12 | | holders of winning tickets, (iv) the frequency of | 13 | | drawings of winning tickets, (v) the method to be used | 14 | | in selling tickets, (vi) a system for verifying the | 15 | | validity of tickets claimed to be winning tickets, | 16 | | (vii) the basis upon which retailer commissions are | 17 | | established by the manager, and (viii) minimum | 18 | | payouts. | 19 | | (10) A requirement that advertising and promotion must | 20 | | be consistent with Section 7.8a of this Act. | 21 | | (11) A requirement that the private manager market the | 22 | | Lottery to those residents who are new, infrequent, or | 23 | | lapsed players of the Lottery, especially those who are | 24 | | most likely to make regular purchases on the Internet as | 25 | | permitted by law. | 26 | | (12) A code of ethics for the private manager's |
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| 1 | | officers and employees. | 2 | | (13) A requirement that the Department monitor and | 3 | | oversee the private manager's practices and take action | 4 | | that the Department considers appropriate to ensure that | 5 | | the private manager is in compliance with the terms of the | 6 | | management agreement, while allowing the manager, unless | 7 | | specifically prohibited by law or the management | 8 | | agreement, to negotiate and sign its own contracts with | 9 | | vendors. | 10 | | (14) A provision requiring the private manager to | 11 | | periodically file, at least on an annual basis, | 12 | | appropriate financial statements in a form and manner | 13 | | acceptable to the Department. | 14 | | (15) Cash reserves requirements. | 15 | | (16) Procedural requirements for obtaining the prior | 16 | | approval of the Department when a management agreement or | 17 | | an interest in a management agreement is sold, assigned, | 18 | | transferred, or pledged as collateral to secure financing. | 19 | | (17) Grounds for the termination of the management | 20 | | agreement by the Department or the private manager. | 21 | | (18) Procedures for amendment of the agreement. | 22 | | (19) A provision requiring the private manager to | 23 | | engage in an open and competitive bidding process for any | 24 | | procurement having a cost in excess of $50,000 that is not | 25 | | a part of the private manager's final offer. The process | 26 | | shall favor the selection of a vendor deemed to have |
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| 1 | | submitted a proposal that provides the Lottery with the | 2 | | best overall value. The process shall not be subject to | 3 | | the provisions of the Illinois Procurement Code, unless | 4 | | specifically required by the management agreement. | 5 | | (20) The transition of rights and obligations, | 6 | | including any associated equipment or other assets used in | 7 | | the operation of the Lottery, from the manager to any | 8 | | successor manager of the lottery, including the | 9 | | Department, following the termination of or foreclosure | 10 | | upon the management agreement. | 11 | | (21) Right of use of copyrights, trademarks, and | 12 | | service marks held by the Department in the name of the | 13 | | State. The agreement must provide that any use of them by | 14 | | the manager shall only be for the purpose of fulfilling | 15 | | its obligations under the management agreement during the | 16 | | term of the agreement. | 17 | | (22) The disclosure of any information requested by | 18 | | the Department to enable it to comply with the reporting | 19 | | requirements and information requests provided for under | 20 | | subsection (p) of this Section. | 21 | | (e) Notwithstanding any other law to the contrary, the | 22 | | Department shall select a private manager through a | 23 | | competitive request for qualifications process consistent with | 24 | | Section 20-35 of the Illinois Procurement Code, which shall | 25 | | take into account: | 26 | | (1) the offeror's ability to market the Lottery to |
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| 1 | | those residents who are new, infrequent, or lapsed players | 2 | | of the Lottery, especially those who are most likely to | 3 | | make regular purchases on the Internet; | 4 | | (2) the offeror's ability to address the State's | 5 | | concern with the social effects of gambling on those who | 6 | | can least afford to do so; | 7 | | (3) the offeror's ability to provide the most | 8 | | successful management of the Lottery for the benefit of | 9 | | the people of the State based on current and past business | 10 | | practices or plans of the offeror; and | 11 | | (4) the offeror's poor or inadequate past performance | 12 | | in servicing, equipping, operating or managing a lottery | 13 | | on behalf of Illinois, another State or foreign government | 14 | | and attracting persons who are not currently regular | 15 | | players of a lottery. | 16 | | (f) The Department may retain the services of an advisor | 17 | | or advisors with significant experience in financial services | 18 | | or the management, operation, and procurement of goods, | 19 | | services, and equipment for a government-run lottery to assist | 20 | | in the preparation of the terms of the request for | 21 | | qualifications and selection of the private manager. Any | 22 | | prospective advisor seeking to provide services under this | 23 | | subsection (f) shall disclose any material business or | 24 | | financial relationship during the past 3 years with any | 25 | | potential offeror, or with a contractor or subcontractor | 26 | | presently providing goods, services, or equipment to the |
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| 1 | | Department to support the Lottery. The Department shall | 2 | | evaluate the material business or financial relationship of | 3 | | each prospective advisor. The Department shall not select any | 4 | | prospective advisor with a substantial business or financial | 5 | | relationship that the Department deems to impair the | 6 | | objectivity of the services to be provided by the prospective | 7 | | advisor. During the course of the advisor's engagement by the | 8 | | Department, and for a period of one year thereafter, the | 9 | | advisor shall not enter into any business or financial | 10 | | relationship with any offeror or any vendor identified to | 11 | | assist an offeror in performing its obligations under the | 12 | | management agreement. Any advisor retained by the Department | 13 | | shall be disqualified from being an offeror.
The Department | 14 | | shall not include terms in the request for qualifications that | 15 | | provide a material advantage whether directly or indirectly to | 16 | | any potential offeror, or any contractor or subcontractor | 17 | | presently providing goods, services, or equipment to the | 18 | | Department to support the Lottery, including terms contained | 19 | | in previous responses to requests for proposals or | 20 | | qualifications submitted to Illinois, another State or foreign | 21 | | government when those terms are uniquely associated with a | 22 | | particular potential offeror, contractor, or subcontractor. | 23 | | The request for proposals offered by the Department on | 24 | | December 22, 2008 as "LOT08GAMESYS" and reference number | 25 | | "22016176" is declared void. | 26 | | (g) The Department shall select at least 2 offerors as |
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| 1 | | finalists to potentially serve as the private manager no later | 2 | | than August 9, 2010. Upon making preliminary selections, the | 3 | | Department shall schedule a public hearing on the finalists' | 4 | | proposals and provide public notice of the hearing at least 7 | 5 | | calendar days before the hearing. The notice must include all | 6 | | of the following: | 7 | | (1) The date, time, and place of the hearing. | 8 | | (2) The subject matter of the hearing. | 9 | | (3) A brief description of the management agreement to | 10 | | be awarded. | 11 | | (4) The identity of the offerors that have been | 12 | | selected as finalists to serve as the private manager. | 13 | | (5) The address and telephone number of the | 14 | | Department. | 15 | | (h) At the public hearing, the Department shall (i) | 16 | | provide sufficient time for each finalist to present and | 17 | | explain its proposal to the Department and the Governor or the | 18 | | Governor's designee, including an opportunity to respond to | 19 | | questions posed by the Department, Governor, or designee and | 20 | | (ii) allow the public and non-selected offerors to comment on | 21 | | the presentations. The Governor or a designee shall attend the | 22 | | public hearing. After the public hearing, the Department shall | 23 | | have 14 calendar days to recommend to the Governor whether a | 24 | | management agreement should be entered into with a particular | 25 | | finalist. After reviewing the Department's recommendation, the | 26 | | Governor may accept or reject the Department's recommendation, |
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| 1 | | and shall select a final offeror as the private manager by | 2 | | publication of a notice in the Illinois Procurement Bulletin | 3 | | on or before September 15, 2010. The Governor shall include in | 4 | | the notice a detailed explanation and the reasons why the | 5 | | final offeror is superior to other offerors and will provide | 6 | | management services in a manner that best achieves the | 7 | | objectives of this Section. The Governor shall also sign the | 8 | | management agreement with the private manager. | 9 | | (i) Any action to contest the private manager selected by | 10 | | the Governor under this Section must be brought within 7 | 11 | | calendar days after the publication of the notice of the | 12 | | designation of the private manager as provided in subsection | 13 | | (h) of this Section. | 14 | | (j) The Lottery shall remain, for so long as a private | 15 | | manager manages the Lottery in accordance with provisions of | 16 | | this Act, a Lottery conducted by the State, and the State shall | 17 | | not be authorized to sell or transfer the Lottery to a third | 18 | | party. | 19 | | (k) Any tangible personal property used exclusively in | 20 | | connection with the lottery that is owned by the Department | 21 | | and leased to the private manager shall be owned by the | 22 | | Department in the name of the State and shall be considered to | 23 | | be public property devoted to an essential public and | 24 | | governmental function. | 25 | | (l) The Department may exercise any of its powers under | 26 | | this Section or any other law as necessary or desirable for the |
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| 1 | | execution of the Department's powers under this Section. | 2 | | (m) Neither this Section nor any management agreement | 3 | | entered into under this Section prohibits the General Assembly | 4 | | from authorizing forms of gambling that are not in direct | 5 | | competition with the Lottery. The forms of gambling authorized | 6 | | by Public Act 101-31 constitute authorized forms of gambling | 7 | | that are not in direct competition with the Lottery. | 8 | | (n) The private manager shall be subject to a complete | 9 | | investigation in the third, seventh, and tenth years of the | 10 | | agreement (if the agreement is for a 10-year term) by the | 11 | | Department in cooperation with the Auditor General to | 12 | | determine whether the private manager has complied with this | 13 | | Section and the management agreement. The private manager | 14 | | shall bear the cost of an investigation or reinvestigation of | 15 | | the private manager under this subsection. | 16 | | (o) The powers conferred by this Section are in addition | 17 | | and supplemental to the powers conferred by any other law. If | 18 | | any other law or rule is inconsistent with this Section, | 19 | | including, but not limited to, provisions of the Illinois | 20 | | Procurement Code, then this Section controls as to any | 21 | | management agreement entered into under this Section. This | 22 | | Section and any rules adopted under this Section contain full | 23 | | and complete authority for a management agreement between the | 24 | | Department and a private manager. No law, procedure, | 25 | | proceeding, publication, notice, consent, approval, order, or | 26 | | act by the Department or any other officer, Department, |
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| 1 | | agency, or instrumentality of the State or any political | 2 | | subdivision is required for the Department to enter into a | 3 | | management agreement under this Section. This Section contains | 4 | | full and complete authority for the Department to approve any | 5 | | contracts entered into by a private manager with a vendor | 6 | | providing goods, services, or both goods and services to the | 7 | | private manager under the terms of the management agreement, | 8 | | including subcontractors of such vendors. | 9 | | Upon receipt of a written request from the Chief | 10 | | Procurement Officer, the Department shall provide to the Chief | 11 | | Procurement Officer a complete and un-redacted copy of the | 12 | | management agreement or any contract that is subject to the | 13 | | Department's approval authority under this subsection (o). The | 14 | | Department shall provide a copy of the agreement or contract | 15 | | to the Chief Procurement Officer in the time specified by the | 16 | | Chief Procurement Officer in his or her written request, but | 17 | | no later than 5 business days after the request is received by | 18 | | the Department. The Chief Procurement Officer must retain any | 19 | | portions of the management agreement or of any contract | 20 | | designated by the Department as confidential, proprietary, or | 21 | | trade secret information in complete confidence pursuant to | 22 | | subsection (g) of Section 7 of the Freedom of Information Act. | 23 | | The Department shall also provide the Chief Procurement | 24 | | Officer with reasonable advance written notice of any contract | 25 | | that is pending Department approval. | 26 | | Notwithstanding any other provision of this Section to the |
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| 1 | | contrary, the Chief Procurement Officer shall adopt | 2 | | administrative rules, including emergency rules, to establish | 3 | | a procurement process to select a successor private manager if | 4 | | a private management agreement has been terminated. The | 5 | | selection process shall at a minimum take into account the | 6 | | criteria set forth in items (1) through (4) of subsection (e) | 7 | | of this Section and may include provisions consistent with | 8 | | subsections (f), (g), (h), and (i) of this Section. The Chief | 9 | | Procurement Officer shall also implement and administer the | 10 | | adopted selection process upon the termination of a private | 11 | | management agreement. The Department, after the Chief | 12 | | Procurement Officer certifies that the procurement process has | 13 | | been followed in accordance with the rules adopted under this | 14 | | subsection (o), shall select a final offeror as the private | 15 | | manager and sign the management agreement with the private | 16 | | manager. | 17 | | Through June 30, 2022, except as provided in Sections | 18 | | 21.5, 21.6, 21.7, 21.8, 21.9, 21.10, 21.11, 21.12, and 21.13 | 19 | | of this Act and Section 25-70 of the Sports Wagering Act, the | 20 | | Department shall distribute all proceeds of lottery tickets | 21 | | and shares sold in the following priority and manner: | 22 | | (1) The payment of prizes and retailer bonuses. | 23 | | (2) The payment of costs incurred in the operation and | 24 | | administration of the Lottery, including the payment of | 25 | | sums due to the private manager under the management | 26 | | agreement with the Department. |
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| 1 | | (3) On the last day of each month or as soon thereafter | 2 | | as possible, the State Comptroller shall direct and the | 3 | | State Treasurer shall transfer from the State Lottery Fund | 4 | | to the Common School Fund an amount that is equal to the | 5 | | proceeds transferred in the corresponding month of fiscal | 6 | | year 2009, as adjusted for inflation, to the Common School | 7 | | Fund. | 8 | | (4) On or before September 30 of each fiscal year, | 9 | | deposit any estimated remaining proceeds from the prior | 10 | | fiscal year , subject to payments under items (1), (2), and | 11 | | (3), into the Capital Projects Fund . Beginning in fiscal | 12 | | year 2019, the amount deposited shall be increased or | 13 | | decreased each year by the amount the estimated payment | 14 | | differs from the amount determined from each year-end | 15 | | financial audit. Only remaining net deficits from prior | 16 | | fiscal years may reduce the requirement to deposit these | 17 | | funds, as determined by the annual financial audit. | 18 | | Beginning July 1, 2022, the Department shall distribute | 19 | | all proceeds of lottery tickets and shares sold in the manner | 20 | | and priority described in Section 9.3 of this Act , except that | 21 | | the Department shall make the transfer into the Capital | 22 | | Projects Fund that would have occurred under item (4) of this | 23 | | subsection (o) on or before September 30, 2022, but for the | 24 | | changes made to this subsection by Public Act 102-699 . | 25 | | (p) The Department shall be subject to the following | 26 | | reporting and information request requirements: |
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| 1 | | (1) the Department shall submit written quarterly | 2 | | reports to the Governor and the General Assembly on the | 3 | | activities and actions of the private manager selected | 4 | | under this Section; | 5 | | (2) upon request of the Chief Procurement Officer, the | 6 | | Department shall promptly produce information related to | 7 | | the procurement activities of the Department and the | 8 | | private manager requested by the Chief Procurement | 9 | | Officer; the Chief Procurement Officer must retain | 10 | | confidential, proprietary, or trade secret information | 11 | | designated by the Department in complete confidence | 12 | | pursuant to subsection (g) of Section 7 of the Freedom of | 13 | | Information Act; and | 14 | | (3) at least 30 days prior to the beginning of the | 15 | | Department's fiscal year, the Department shall prepare an | 16 | | annual written report on the activities of the private | 17 | | manager selected under this Section and deliver that | 18 | | report to the Governor and General Assembly. | 19 | | (Source: P.A. 101-31, eff. 6-28-19; 101-81, eff. 7-12-19; | 20 | | 101-561, eff. 8-23-19; 102-558, eff. 8-20-21; 102-699, eff. | 21 | | 4-19-22.) | 22 | | Section 10-27. The Legislative Materials Act is amended by | 23 | | changing Section 1 as follows:
| 24 | | (25 ILCS 105/1) (from Ch. 63, par. 801)
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| 1 | | Sec. 1. Fees.
| 2 | | (a) The Clerk of the House of Representatives may | 3 | | establish a
schedule of reasonable fees to be charged for | 4 | | providing
copies of daily and bound journals, committee | 5 | | documents, committee tape
recordings, transcripts of committee | 6 | | proceedings, and committee notices, for
providing copies of | 7 | | bills on a continuing or individual basis, and for
providing | 8 | | tape recordings and transcripts of floor debates and other
| 9 | | proceedings of the House.
| 10 | | (b) The Secretary of the Senate may establish a schedule | 11 | | of reasonable
fees to be charged for providing copies of daily | 12 | | and bound
journals, committee notices, for providing copies of | 13 | | bills on a continuing or
individual basis, and for providing | 14 | | tape recordings and transcripts of floor
debates and other | 15 | | proceedings of the Senate.
| 16 | | (c) The Clerk of the House of Representatives and the | 17 | | Secretary of the
Senate may establish a schedule of reasonable | 18 | | fees to be charged for providing
live audio of floor debates | 19 | | and other proceedings of the House of
Representatives and the | 20 | | Senate. The Clerk and the Secretary shall have
complete | 21 | | discretion over the distribution of live audio under this | 22 | | subsection
(c), including discretion over the conditions under | 23 | | which live audio shall be
distributed, except that live audio | 24 | | shall be distributed to the General
Assembly and its staffs. | 25 | | Nothing in this subsection (c) shall be construed to
create an | 26 | | obligation on the part of the Clerk or Secretary to provide |
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| 1 | | live
audio to any person or entity other than to the General | 2 | | Assembly and its
staffs.
| 3 | | (c-5) The Clerk of the House of Representatives, to the | 4 | | extent authorized
by the House Rules, and the Secretary of the | 5 | | Senate, to the extent authorized by the Rules of the Senate, | 6 | | may establish a schedule of reasonable fees to be charged
to | 7 | | members for the preparation, filing, and reproduction of | 8 | | non-substantive
resolutions.
| 9 | | (c-10) Through December 31, 2010, the Clerk of the House | 10 | | of
Representatives may sell to a member of the House of | 11 | | Representatives one or
more of the chairs that comprise member | 12 | | seating in the House chamber. The
Clerk must charge the | 13 | | original cost of the chairs.
| 14 | | (c-15) Through December 31, 2010, the Secretary of the | 15 | | Senate may sell to
a member of the Senate one or more of the | 16 | | chairs that comprise member seating
in the Senate chamber. The | 17 | | Secretary must charge the original cost of the
chairs.
| 18 | | (d) Receipts from all fees and charges established under | 19 | | this
Section shall be deposited by the
Clerk and the Secretary | 20 | | into the General Assembly
Operations Revolving Fund, a special | 21 | | fund in the State treasury. Amounts in
the Fund may be | 22 | | appropriated for the operations of the offices of the Clerk
of | 23 | | the House of Representatives and the Secretary of the Senate, | 24 | | including
the replacement of items sold under subsections | 25 | | (c-10) and (c-15).
| 26 | | (Source: P.A. 95-21, eff. 8-3-07.)
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| 1 | | Section 10-30. The State Finance Act is amended by | 2 | | changing Section 6z-130, as added by Public Act 102-699, and | 3 | | Sections 6z-114, 8.27, and 8g-1 and by adding Sections 5.990, | 4 | | 5.991, and 6z-138 as follows: | 5 | | (30 ILCS 105/5.990 new) | 6 | | Sec. 5.990. The Hate Crimes and Bias Incident Prevention | 7 | | and Response Fund. | 8 | | (30 ILCS 105/5.991 new) | 9 | | Sec. 5.991. The Due Process for Youth and Families Fund. | 10 | | (30 ILCS 105/6z-114) | 11 | | Sec. 6z-114. The Ronald McDonald House Charities Fund; | 12 | | creation. The Ronald McDonald House Charities Fund is created | 13 | | as a special fund in the State treasury. From appropriations | 14 | | to the Department of Human Services from the Fund, the | 15 | | Department shall Subject to appropriation, moneys in the Fund | 16 | | shall be used to make grants to Ronald McDonald House | 17 | | Charities for services in Illinois.
| 18 | | (Source: P.A. 102-73, eff. 7-9-21.) | 19 | | (30 ILCS 105/6z-134) | 20 | | Sec. 6z-134 6z-130 . Statewide 9-8-8 Trust Fund. | 21 | | (a) The Statewide 9-8-8 Trust Fund is created as a special |
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| 1 | | fund in the State treasury. Moneys in the Fund shall be used by | 2 | | the Department of Human Services for the purposes of | 3 | | establishing and maintaining a statewide 9-8-8 suicide | 4 | | prevention and mental health crisis system pursuant to the | 5 | | National Suicide Hotline Designation Act of 2020, the Federal | 6 | | Communication Commission's rules adopted on July 16, 2020, and | 7 | | national guidelines for crisis care. The Fund shall consist | 8 | | of: | 9 | | (1) appropriations by the General Assembly; | 10 | | (2) grants and gifts intended for deposit in the Fund; | 11 | | (3) interest, premiums, gains, or other earnings on
| 12 | | the Fund; | 13 | | (4) moneys received from any other source that are
| 14 | | deposited in or transferred into the Fund. | 15 | | (b) Moneys in the Fund: | 16 | | (1) do not revert at the end of any State fiscal year
| 17 | | but remain available for the purposes of the Fund in | 18 | | subsequent State fiscal years; and | 19 | | (2) are not subject to transfer to any other Fund or
to | 20 | | transfer, assignment, or reassignment for any other use or | 21 | | purpose outside of those specified in this Section. | 22 | | (c) An annual report of Fund deposits and expenditures | 23 | | shall be made to the General Assembly and the Federal | 24 | | Communications Commission. | 25 | | (d) (Blank). In addition to any other transfers that may | 26 | | be provided for by law, on July 1, 2022, or as soon thereafter |
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| 1 | | as practical, the State Comptroller shall direct and the State | 2 | | Treasurer shall transfer the sum of $5,000,000 from the | 3 | | Statewide 9-1-1 Fund to the Statewide 9-8-8 Trust Fund.
| 4 | | (Source: P.A. 102-699, eff. 4-19-22; revised 8-1-22.) | 5 | | (30 ILCS 105/6z-138 new) | 6 | | Sec. 6z-138. Hate Crimes and Bias Incident Prevention and | 7 | | Response Fund. | 8 | | (a) The Hate Crimes and Bias Incident Prevention and | 9 | | Response Fund is created as a special fund in the State | 10 | | treasury. The Fund may accept moneys from any lawful source. | 11 | | Any interest earned on moneys in the Fund shall be deposited | 12 | | into the Fund. | 13 | | (b) Subject to appropriation, moneys in the Hate Crimes | 14 | | and Bias Incident Prevention and Response Fund shall be used | 15 | | by the Department of Human Rights, in its capacity as | 16 | | administrator and fiscal agent for the Commission on | 17 | | Discrimination and Hate Crimes, for operational and | 18 | | administrative expenditures related to, as well as the award | 19 | | of grants that support the eradication of, hate crimes and | 20 | | bias incidents. | 21 | | (c) The Department of Human Rights shall adopt rules | 22 | | establishing requirements for the distribution of grant moneys | 23 | | and the determination of which persons or entities are | 24 | | eligible for grants and may adopt any other rules necessary to | 25 | | implement this Section and administer the Fund.
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| 1 | | (30 ILCS 105/8.27) (from Ch. 127, par. 144.27)
| 2 | | Sec. 8.27. All receipts from federal financial | 3 | | participation in the
Foster Care and Adoption Services program | 4 | | under Title IV-E of the federal
Social Security Act, including | 5 | | receipts
for related indirect costs,
shall be deposited into | 6 | | in the DCFS Children's Services Fund or the Due Process for | 7 | | Youth and Families Fund as provided in Section 45 of the | 8 | | Children and Family Services Act .
| 9 | | Beginning on July 20, 2010 (the effective date of Public | 10 | | Act 96-1127), any funds paid to the State by the federal | 11 | | government under Title XIX and Title XXI of the Social | 12 | | Security Act for child welfare services delivered by community | 13 | | mental health providers, certified and paid as Medicaid | 14 | | providers by the Department of Children and Family Services, | 15 | | for child welfare services relating to Medicaid-eligible | 16 | | clients and families served consistent with the purposes of | 17 | | the Department of
Children and Family Services, including | 18 | | services delivered as a result of the conversion of such | 19 | | providers from a comprehensive rate to a fee-for-service | 20 | | payment methodology, and any subsequent revenue maximization | 21 | | initiatives performed by such providers, and any interest | 22 | | earned thereon, shall be deposited directly into the DCFS | 23 | | Children's Services Fund. Such funds shall be used for the | 24 | | provision of child welfare services provided to eligible | 25 | | individuals identified by the Department of Children and |
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| 1 | | Family Services. Child welfare services are defined in Section | 2 | | 5 of the Children and Family Services Act.
| 3 | | All receipts from federal financial participation in the | 4 | | Child Welfare
Services program under Title IV-B of the federal | 5 | | Social Security Act,
including receipts for related indirect | 6 | | costs, shall be deposited into the
DCFS Children's Services | 7 | | Fund for those moneys received as reimbursement for
services | 8 | | provided on or after July 1, 1994.
| 9 | | For services provided on or after July 1, 2007, all | 10 | | federal funds received pursuant to the John H. Chafee Foster | 11 | | Care Independence Program shall be deposited into the DCFS | 12 | | Children's Services Fund. | 13 | | Except as otherwise provided in this Section, moneys in | 14 | | the Fund may be used by the Department, pursuant to
| 15 | | appropriation by the General Assembly, for the ordinary and | 16 | | contingent
expenses of the Department.
| 17 | | In accordance with subsection (q) of Section 5 of the | 18 | | Children and Family
Services Act, disbursements from | 19 | | individual children's accounts shall be
deposited into the | 20 | | DCFS Children's Services Fund.
| 21 | | Receipts from public and unsolicited private grants, fees | 22 | | for training, and royalties earned from the publication of | 23 | | materials owned by or licensed to the Department of Children | 24 | | and Family Services shall be deposited into the DCFS | 25 | | Children's Services Fund. | 26 | | (Source: P.A. 102-1071, eff. 6-10-22.)
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| 1 | | (30 ILCS 105/8g-1) | 2 | | Sec. 8g-1. Fund transfers. | 3 | | (a) (Blank).
| 4 | | (b) (Blank). | 5 | | (c) (Blank). | 6 | | (d) (Blank). | 7 | | (e) (Blank). | 8 | | (f) (Blank). | 9 | | (g) (Blank). | 10 | | (h) (Blank). | 11 | | (i) (Blank). | 12 | | (j) (Blank). | 13 | | (k) (Blank). | 14 | | (l) (Blank). | 15 | | (m) (Blank). | 16 | | (n) (Blank). | 17 | | (o) (Blank). | 18 | | (p) (Blank). | 19 | | (q) (Blank). | 20 | | (r) (Blank). | 21 | | (s) (Blank). | 22 | | (t) (Blank). | 23 | | (u) In addition to any other transfers that may be | 24 | | provided for by law, on July 1, 2021, or as soon thereafter as | 25 | | practical, only as directed by the Director of the Governor's |
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| 1 | | Office of Management and Budget, the State Comptroller shall | 2 | | direct and the State Treasurer shall transfer the sum of | 3 | | $5,000,000 from the General Revenue Fund to the DoIT Special | 4 | | Projects Fund, and on June 1, 2022, or as soon thereafter as | 5 | | practical, but no later than June 30, 2022, the State | 6 | | Comptroller shall direct and the State Treasurer shall | 7 | | transfer the sum so transferred from the DoIT Special Projects | 8 | | Fund to the General Revenue Fund. | 9 | | (v) In addition to any other transfers that may be | 10 | | provided for by law, on July 1, 2021, or as soon thereafter as | 11 | | practical, the State Comptroller shall direct and the State | 12 | | Treasurer shall transfer the sum of $500,000 from the General | 13 | | Revenue Fund to the Governor's Administrative Fund. | 14 | | (w) In addition to any other transfers that may be | 15 | | provided for by law, on July 1, 2021, or as soon thereafter as | 16 | | practical, the State Comptroller shall direct and the State | 17 | | Treasurer shall transfer the sum of $500,000 from the General | 18 | | Revenue Fund to the Grant Accountability and Transparency | 19 | | Fund. | 20 | | (x) In addition to any other transfers that may be | 21 | | provided for by law, at a time or times during Fiscal Year 2022 | 22 | | as directed by the Governor, the State Comptroller shall | 23 | | direct and the State Treasurer shall transfer up to a total of | 24 | | $20,000,000 from the General Revenue Fund to the Illinois | 25 | | Sports Facilities Fund to be credited to the Advance Account | 26 | | within the Fund. |
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| 1 | | (y) In addition to any other transfers that may be | 2 | | provided for by law, on June 15, 2021, or as soon thereafter as | 3 | | practical, but no later than June 30, 2021, the State | 4 | | Comptroller shall direct and the State Treasurer shall | 5 | | transfer the sum of $100,000,000 from the General Revenue Fund | 6 | | to the Technology Management Revolving Fund. | 7 | | (z) In addition to any other transfers that may be | 8 | | provided for by law, on April 19, 2022 ( the effective date of | 9 | | Public Act 102-699) this amendatory Act of the 102nd General | 10 | | Assembly , or as soon thereafter as practical, but no later | 11 | | than June 30, 2022, the State Comptroller shall direct and the | 12 | | State Treasurer shall transfer the sum of $148,000,000 from | 13 | | the General Revenue Fund to the Build Illinois Bond Fund. | 14 | | (aa) In addition to any other transfers that may be | 15 | | provided for by law, on April 19, 2022 ( the effective date of | 16 | | Public Act 102-699) this amendatory Act of the 102nd General | 17 | | Assembly , or as soon thereafter as practical, but no later | 18 | | than June 30, 2022, the State Comptroller shall direct and the | 19 | | State Treasurer shall transfer the sum of $180,000,000 from | 20 | | the General Revenue Fund to the Rebuild Illinois Projects | 21 | | Fund. | 22 | | (bb) In addition to any other transfers that may be | 23 | | provided for by law, on July 1, 2022, or as soon thereafter as | 24 | | practical, the State Comptroller shall direct and the State | 25 | | Treasurer shall transfer the sum of $500,000 from the General | 26 | | Revenue Fund to the Governor's Administrative Fund. |
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| 1 | | (cc) In addition to any other transfers that may be | 2 | | provided for by law, on July 1, 2022, or as soon thereafter as | 3 | | practical, the State Comptroller shall direct and the State | 4 | | Treasurer shall transfer the sum of $500,000 from the General | 5 | | Revenue Fund to the Grant Accountability and Transparency | 6 | | Fund. | 7 | | (dd) (z) In addition to any other transfers that may be | 8 | | provided by law, on April 19, 2022 ( the effective date of | 9 | | Public Act 102-700) this amendatory Act of the 102nd General | 10 | | Assembly , or as soon thereafter as practical, but no later | 11 | | than June 30, 2022, the State Comptroller shall direct and the | 12 | | State Treasurer shall transfer the sum of $685,000,000 from | 13 | | the General Revenue Fund to the Income Tax Refund Fund. Moneys | 14 | | from this transfer shall be used for the purpose of making the | 15 | | one-time rebate payments provided under Section 212.1 of the | 16 | | Illinois Income Tax Act. | 17 | | (ee) (aa) In addition to any other transfers that may be | 18 | | provided by law, beginning on April 19, 2022 ( the effective | 19 | | date of Public Act 102-700) this amendatory Act of the 102nd | 20 | | General Assembly and until December 31, 2023, at the direction | 21 | | of the Department of Revenue, the State Comptroller shall | 22 | | direct and the State Treasurer shall transfer from the General | 23 | | Revenue Fund to the Income Tax Refund Fund any amounts needed | 24 | | beyond the amounts transferred in subsection (dd) (z) to make | 25 | | payments of the one-time rebate payments provided under | 26 | | Section 212.1 of the Illinois Income Tax Act. |
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| 1 | | (ff) (z) In addition to any other transfers that may be | 2 | | provided for by law, on April 19, 2022 ( the effective date of | 3 | | Public Act 102-700) this amendatory Act of the 102nd General | 4 | | Assembly , or as soon thereafter as practical, but no later | 5 | | than June 30, 2022, the State Comptroller shall direct and the | 6 | | State Treasurer shall transfer the sum of $720,000,000 from | 7 | | the General Revenue Fund to the Budget Stabilization Fund. | 8 | | (gg) (aa) In addition to any other transfers that may be | 9 | | provided for by law, on July 1, 2022, or as soon thereafter as | 10 | | practical, the State Comptroller shall direct and the State | 11 | | Treasurer shall transfer the sum of $280,000,000 from the | 12 | | General Revenue Fund to the Budget Stabilization Fund. | 13 | | (hh) (bb) In addition to any other transfers that may be | 14 | | provided for by law, on July 1, 2022, or as soon thereafter as | 15 | | practical, the State Comptroller shall direct and the State | 16 | | Treasurer shall transfer the sum of $200,000,000 from the | 17 | | General Revenue Fund to the Pension Stabilization Fund. | 18 | | (ii) In addition to any other transfers that may be | 19 | | provided for by law, on January 1, 2023, or as soon thereafter | 20 | | as practical, the State Comptroller shall direct and the State | 21 | | Treasurer shall transfer the sum of $850,000,000 from the | 22 | | General Revenue Fund to the Budget Stabilization Fund. | 23 | | (jj) In addition to any other transfers that may be | 24 | | provided for by law, at a time or times during Fiscal Year 2023 | 25 | | as directed by the Governor, the State Comptroller shall | 26 | | direct and the State Treasurer shall transfer up to a total of |
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| 1 | | $400,000,000 from the General Revenue Fund to the Large | 2 | | Business Attraction Fund. | 3 | | (kk) In addition to any other transfers that may be | 4 | | provided for by law, on January 1, 2023, or as soon thereafter | 5 | | as practical, the State Comptroller shall direct and the State | 6 | | Treasurer shall transfer the sum of $75,000,000 from the | 7 | | General Revenue Fund to the Disaster Response and Recovery | 8 | | Fund. | 9 | | (Source: P.A. 101-10, eff. 6-5-19; 101-636, eff. 6-10-20; | 10 | | 102-16, eff. 6-17-21; 102-699, eff. 4-19-22; 102-700, Article | 11 | | 40, Section 40-5, eff. 4-19-22; 102-700, Article 80, Section | 12 | | 80-5, eff. 4-19-22; revised 6-23-22.) | 13 | | Section 10-35. The Budget Stabilization Act is amended by | 14 | | changing Section 15 as follows: | 15 | | (30 ILCS 122/15)
| 16 | | Sec. 15. Transfers to Budget Stabilization Fund.
In | 17 | | furtherance of the State's objective for the Budget | 18 | | Stabilization
Fund to have resources representing 7.5% 5% of | 19 | | the State's annual general
funds revenues:
| 20 | | (a) For each fiscal year when the General Assembly's
| 21 | | appropriations and transfers or diversions as required by law
| 22 | | from general funds do not exceed 99% of the
estimated general | 23 | | funds revenues pursuant to subsection (a)
of Section 10, the | 24 | | Comptroller shall transfer from the
General Revenue Fund as |
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| 1 | | provided by this Section a total
amount equal to 0.5% of the | 2 | | estimated general funds revenues
to the Budget Stabilization | 3 | | Fund.
| 4 | | (b) For each fiscal year when the General Assembly's
| 5 | | appropriations and transfers or diversions as required by law
| 6 | | from general funds do not exceed 98% of the
estimated general | 7 | | funds revenues pursuant to subsection (b)
of Section 10, the | 8 | | Comptroller shall transfer from the
General Revenue Fund as | 9 | | provided by this Section a total
amount equal to 1% of the | 10 | | estimated general funds revenues to
the Budget Stabilization | 11 | | Fund.
| 12 | | (c) The Comptroller shall transfer 1/12 of the total
| 13 | | amount to be transferred each fiscal year under this Section
| 14 | | into the Budget Stabilization Fund on the first day of each
| 15 | | month of that fiscal year or as soon thereafter as possible.
| 16 | | The balance of the Budget Stabilization Fund shall not exceed | 17 | | 7.5%
5% of the total of general funds revenues estimated for | 18 | | that
fiscal year except as provided by subsection (d) of this | 19 | | Section.
| 20 | | (d) If the balance of the Budget Stabilization Fund
| 21 | | exceeds 7.5% 5% of the total general funds revenues estimated | 22 | | for that
fiscal year, the additional transfers are not | 23 | | required unless there are
outstanding liabilities under | 24 | | Section 25 of the State Finance Act from prior
fiscal years. If | 25 | | there are such outstanding Section 25 liabilities, then the
| 26 | | Comptroller shall continue to transfer 1/12 of the total |
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| 1 | | amount identified
for transfer to the Budget Stabilization | 2 | | Fund on the first day of each month
of that fiscal year or as | 3 | | soon thereafter as possible to be reserved for
those Section | 4 | | 25 liabilities. Nothing in this Act prohibits the General
| 5 | | Assembly from appropriating additional moneys into the Budget | 6 | | Stabilization
Fund.
| 7 | | (e) On or before August 31 of each fiscal year, the amount
| 8 | | determined to be transferred to the Budget Stabilization Fund | 9 | | shall be
reconciled to actual general funds revenues for that | 10 | | fiscal year. The
final transfer for each fiscal year shall be | 11 | | adjusted so that the
total amount transferred under this | 12 | | Section is equal to the percentage specified in subsection
(a) | 13 | | or (b) of this Section, as applicable, based on actual
general | 14 | | funds revenues calculated consistently with subsection (c) of
| 15 | | Section 10 of this Act for each fiscal year.
| 16 | | (f) For the fiscal year beginning July 1, 2006 and for each | 17 | | fiscal
year thereafter, the budget proposal to the General | 18 | | Assembly shall identify
liabilities incurred in a
prior fiscal | 19 | | year under Section 25 of the State Finance Act and the budget
| 20 | | proposal shall provide
funding as allowable pursuant to | 21 | | subsection (d) of this Section, if
applicable.
| 22 | | (Source: P.A. 93-660, eff. 7-1-04; 94-839, eff. 6-6-06.) | 23 | | Section 10-37. The Build Illinois Act is amended by | 24 | | changing Section 10-6 as follows:
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| 1 | | (30 ILCS 750/10-6) (from Ch. 127, par. 2710-6)
| 2 | | Sec. 10-6. Large Business Attraction Fund.
| 3 | | (a) There is created the Large Business Attraction Fund to
| 4 | | be held as part of the State Treasury. The Department is
| 5 | | authorized to make loans from the Fund for the purposes
| 6 | | established under this Article. The State Treasurer shall have
| 7 | | custody of the Fund and may invest in securities constituting
| 8 | | direct obligations of the United States Government, in
| 9 | | obligations the principal of and interest on which are
| 10 | | guaranteed by the United States Government, or in certificates
| 11 | | of deposit of any State or national bank that are fully
secured | 12 | | by obligations guaranteed as to principal and interest
by the | 13 | | United States Government. The purpose of the Fund is
to offer | 14 | | loans to finance large firms considering the location
of a | 15 | | proposed plant in the State and to provide financing to
carry | 16 | | out the purposes and provisions of paragraph (h) of
Section | 17 | | 10-3. Financing shall be in the
form of a loan, mortgage, or | 18 | | other debt instrument. All loans
shall be conditioned on the | 19 | | project receiving financing from
participating lenders or | 20 | | other sources. Loan proceeds shall
be available for project | 21 | | costs associated with an expansion
of business capacity and | 22 | | employment, except for debt refinancing.
Targeted companies | 23 | | for the program shall primarily
consist of established | 24 | | industrial and service companies with
proven records of | 25 | | earnings that will sell their product to
markets beyond | 26 | | Illinois and have proven multistate
location options. New |
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| 1 | | ventures shall be considered only if
the entity is protected | 2 | | with adequate security with regard to
its financing and | 3 | | operation. The limitations and conditions
with respect to the | 4 | | use of this Fund shall not apply in
carrying out the purposes | 5 | | and provisions of paragraph (h) of Section 10-3.
| 6 | | (b) Deposits into the Fund shall include, but are
not | 7 | | limited to:
| 8 | | (1) Any appropriations, grants, or gifts made to
the | 9 | | Fund.
| 10 | | (2) Any income received from interest on investments
| 11 | | of amounts from the Fund not currently needed to meet
the | 12 | | obligations of the Fund.
| 13 | | (c) The State Comptroller and the State Treasurer shall | 14 | | from time to
time, upon the written direction of the Governor, | 15 | | transfer from the Fund to
the General Revenue Fund or the | 16 | | Budget Stabilization Fund those amounts that the Governor | 17 | | determines are in
excess of the amounts required to meet the | 18 | | obligations of the Fund. Any amounts transferred to the Budget | 19 | | Stabilization Fund may be transferred back to the Large | 20 | | Business Attraction Fund by the State Comptroller and the | 21 | | State Treasurer, upon the written direction of the Governor.
| 22 | | (Source: P.A. 90-372, eff. 7-1-98.)
| 23 | | Section 10-40. The Illinois Police Training Act is amended | 24 | | by changing Section 6 as follows:
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| 1 | | (50 ILCS 705/6) (from Ch. 85, par. 506)
| 2 | | Sec. 6. Powers and duties of the Board; selection and | 3 | | certification of schools. The Board shall select
and certify | 4 | | schools within the State of
Illinois for the purpose of | 5 | | providing basic training for probationary law enforcement
| 6 | | officers, probationary county corrections officers, and
court | 7 | | security officers and
of providing advanced or in-service | 8 | | training for permanent law enforcement officers
or permanent
| 9 | | county corrections officers, which schools may be either | 10 | | publicly or
privately owned and operated. In addition, the | 11 | | Board has the following
power and duties:
| 12 | | a. To require law enforcement agencies to furnish such | 13 | | reports and
information as the Board deems necessary to | 14 | | fully implement this Act.
| 15 | | b. To establish appropriate mandatory minimum | 16 | | standards
relating to the training of probationary local | 17 | | law enforcement officers
or probationary county | 18 | | corrections officers, and in-service training of permanent | 19 | | law enforcement officers.
| 20 | | c. To provide appropriate certification to those | 21 | | probationary
officers who successfully complete the | 22 | | prescribed minimum standard basic
training course.
| 23 | | d. To review and approve annual training curriculum | 24 | | for county sheriffs.
| 25 | | e. To review and approve applicants to ensure that no | 26 | | applicant is admitted
to a certified academy unless the |
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| 1 | | applicant is a person of good character
and has not been | 2 | | convicted of, found guilty of, entered a plea of guilty | 3 | | to, or entered a plea of nolo contendere to a felony | 4 | | offense, any of the
misdemeanors in Sections 11-1.50, | 5 | | 11-6, 11-6.5, 11-6.6, 11-9.1, 11-9.1B, 11-14, 11-14.1, | 6 | | 11-30, 12-2, 12-3.2, 12-3.4, 12-3.5, 16-1,
17-1, 17-2, | 7 | | 26.5-1, 26.5-2, 26.5-3, 28-3, 29-1, any misdemeanor in | 8 | | violation of any Section of Part E of Title III of the | 9 | | Criminal Code of 1961 or the Criminal Code of 2012, or | 10 | | subsection (a) of Section 17-32 of the Criminal Code of | 11 | | 1961 or the Criminal Code of 2012, or Section 5 or 5.2 of | 12 | | the Cannabis Control Act, or a crime involving
moral
| 13 | | turpitude under the laws of this State or any other state | 14 | | which if
committed in this State would be punishable as a | 15 | | felony or a crime of
moral turpitude, or any felony or | 16 | | misdemeanor in violation of federal law or the law of any | 17 | | state that is the equivalent of any of the offenses | 18 | | specified therein. The Board may appoint investigators who | 19 | | shall enforce
the duties conferred upon the Board by this | 20 | | Act.
| 21 | | For purposes of this paragraph e, a person is | 22 | | considered to have been convicted of, found guilty of, or | 23 | | entered a plea of guilty to, plea of nolo contendere to | 24 | | regardless of whether the adjudication of guilt or | 25 | | sentence is withheld or not entered thereon. This includes | 26 | | sentences of supervision, conditional discharge, or first |
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| 1 | | offender probation, or any similar disposition provided | 2 | | for by law. | 3 | | f. To establish statewide standards for minimum | 4 | | standards regarding regular mental health screenings for | 5 | | probationary and permanent police officers, ensuring that | 6 | | counseling sessions and screenings remain confidential. | 7 | | g. To review and ensure all law enforcement officers | 8 | | remain in compliance with this Act, and any administrative | 9 | | rules adopted under this Act. | 10 | | h. To suspend any certificate for a definite period, | 11 | | limit or restrict any certificate, or revoke any | 12 | | certificate. | 13 | | i. The Board and the Panel shall have power to secure | 14 | | by its subpoena and bring before it any person or entity in | 15 | | this State and to take testimony either orally or by | 16 | | deposition or both with the same fees and mileage and in | 17 | | the same manner as prescribed by law in judicial | 18 | | proceedings in civil cases in circuit courts of this | 19 | | State. The Board and the Panel shall also have the power to | 20 | | subpoena the production of documents, papers, files, | 21 | | books, documents, and records, whether in physical or | 22 | | electronic form, in support of the charges and for | 23 | | defense, and in connection with a hearing or | 24 | | investigation. | 25 | | j. The Executive Director, the administrative law | 26 | | judge designated by the Executive Director, and each |
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| 1 | | member of the Board and the Panel shall have the power to | 2 | | administer oaths to witnesses at any hearing that the | 3 | | Board is authorized to conduct under this Act and any | 4 | | other oaths required or authorized to be administered by | 5 | | the Board under this Act. | 6 | | k. In case of the neglect or refusal of any person to | 7 | | obey a subpoena issued by the Board and the Panel, any | 8 | | circuit court, upon application of the Board and the | 9 | | Panel, through the Illinois Attorney General, may order | 10 | | such person to appear before the Board and the Panel give | 11 | | testimony or produce evidence, and any failure to obey | 12 | | such order is punishable by the court as a contempt | 13 | | thereof. This order may be served by personal delivery, by | 14 | | email, or by mail to the address of record or email address | 15 | | of record. | 16 | | l. The Board shall have the power to administer state | 17 | | certification examinations. Any and all records related to | 18 | | these examinations, including, but not limited to, test | 19 | | questions, test formats, digital files, answer responses, | 20 | | answer keys, and scoring information shall be exempt from | 21 | | disclosure. | 22 | | m. To make grants, subject to appropriation, to units
| 23 | | of local government and public institutions of higher | 24 | | education for the purposes of hiring and retaining law | 25 | | enforcement officers. | 26 | | (Source: P.A. 101-187, eff. 1-1-20; 101-652, Article 10, |
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| 1 | | Section 10-143, eff. 7-1-21; 101-652, Article 25, Section | 2 | | 25-40, eff. 1-1-22; 102-687, eff. 12-17-21; 102-694, eff. | 3 | | 1-7-22.) | 4 | | Section 10-45. The Liquor Control Act of 1934 is amended | 5 | | by adding Section 3-4.1 as follows: | 6 | | (235 ILCS 5/3-4.1 new) | 7 | | Sec. 3-4.1. Obtaining evidence. The State Commission has | 8 | | the power to expend sums that the Executive Director deems | 9 | | necessary for the purchase of evidence and for the employment | 10 | | of persons to obtain evidence. The sums shall be advanced to | 11 | | employees authorized by the Executive Director to expend | 12 | | funds, on vouchers signed by the Executive Director. | 13 | | In addition, the Executive Director is authorized to | 14 | | maintain one or more commercial checking accounts with any | 15 | | State banking corporation or corporations organized under or | 16 | | subject to the Illinois Banking Act for the deposit and | 17 | | withdrawal of moneys to be used solely for the purchase of | 18 | | evidence and for the employment of persons to obtain evidence. | 19 | | No check may be written on nor any withdrawal made from such an | 20 | | account except on the written signature of 2 persons | 21 | | designated by the Executive Director to write those checks and | 22 | | make those withdrawals. The balance of moneys on deposit in | 23 | | any such account shall not exceed $25,000 at any time, nor | 24 | | shall any one check written on or single withdrawal made from |
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| 1 | | any such account exceed $25,000. | 2 | | Section 10-47. The Illinois Public Aid Code is amended by | 3 | | changing Sections 4-1.6 as follows:
| 4 | | (305 ILCS 5/4-1.6) (from Ch. 23, par. 4-1.6)
| 5 | | Sec. 4-1.6. Need. Income available to the family as | 6 | | defined by the
Illinois Department by rule, or to the child
in | 7 | | the case of a child removed from his or her home, when added to
| 8 | | contributions in money, substance or services from other | 9 | | sources,
including income available from parents absent from | 10 | | the home or from a
stepparent, contributions made for the | 11 | | benefit of the parent or other
persons necessary to provide | 12 | | care and supervision to the child, and
contributions from | 13 | | legally responsible relatives, must be equal to or less than | 14 | | the grant amount established by Department regulation for such
| 15 | | a person. For purposes of eligibility for aid under this | 16 | | Article, the Department shall (a) disregard all earned income | 17 | | between the grant amount and 50% of the Federal Poverty Level | 18 | | and (b) disregard the value of all assets held by the family.
| 19 | | In considering income to be taken into account, | 20 | | consideration shall
be given to any expenses reasonably | 21 | | attributable to the earning of such
income. Three-fourths of | 22 | | the earned income of a household eligible for aid under this | 23 | | Article shall be disregarded when determining the level of | 24 | | assistance for which a household is eligible. All The first |
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| 1 | | $100 of child support , whether it be current support, past | 2 | | support owed, or future support, that is collected on or after | 3 | | January 1, 2023 on behalf of a family in a month for one child | 4 | | and the first $200 of child support collected on behalf of a | 5 | | family in a month for 2 or more children shall be passed | 6 | | through to the family and disregarded in determining the | 7 | | amount of the assistance grant provided to the family under | 8 | | this Article. Any amount of child support that would be | 9 | | disregarded in determining the amount of the assistance grant | 10 | | shall be disregarded in determining eligibility for cash | 11 | | assistance provided under this Article. The Illinois | 12 | | Department may also permit all or any
portion of earned or | 13 | | other income to be set aside for the future
identifiable needs | 14 | | of a child. The Illinois Department
may provide by rule and | 15 | | regulation for the exemptions thus permitted or
required. The | 16 | | eligibility of any applicant for or recipient of public
aid | 17 | | under this Article is not affected by the payment of any grant | 18 | | under
the "Senior Citizens and Persons with Disabilities | 19 | | Property Tax Relief Act" or any distributions or items of | 20 | | income
described under subparagraph (X) of
paragraph (2) of | 21 | | subsection (a) of Section 203 of the Illinois Income Tax
Act.
| 22 | | The Illinois Department may, by rule, set forth criteria | 23 | | under which an
assistance unit is ineligible for cash | 24 | | assistance under this Article for a
specified number of months | 25 | | due to the receipt of a lump sum payment.
| 26 | | (Source: P.A. 98-114, eff. 7-29-13; 99-143, eff. 7-27-15; |
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| 1 | | 99-899, eff. 1-1-17 .)
| 2 | | Section 10-48. The Illinois Public Aid Code is amended by | 3 | | changing Section 5A-12.7 as follows: | 4 | | (305 ILCS 5/5A-12.7) | 5 | | (Section scheduled to be repealed on December 31, 2026) | 6 | | Sec. 5A-12.7. Continuation of hospital access payments on | 7 | | and after July 1, 2020. | 8 | | (a) To preserve and improve access to hospital services, | 9 | | for hospital services rendered on and after July 1, 2020, the | 10 | | Department shall, except for hospitals described in subsection | 11 | | (b) of Section 5A-3, make payments to hospitals or require | 12 | | capitated managed care organizations to make payments as set | 13 | | forth in this Section. Payments under this Section are not due | 14 | | and payable, however, until: (i) the methodologies described | 15 | | in this Section are approved by the federal government in an | 16 | | appropriate State Plan amendment or directed payment preprint; | 17 | | and (ii) the assessment imposed under this Article is | 18 | | determined to be a permissible tax under Title XIX of the | 19 | | Social Security Act. In determining the hospital access | 20 | | payments authorized under subsection (g) of this Section, if a | 21 | | hospital ceases to qualify for payments from the pool, the | 22 | | payments for all hospitals continuing to qualify for payments | 23 | | from such pool shall be uniformly adjusted to fully expend the | 24 | | aggregate net amount of the pool, with such adjustment being |
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| 1 | | effective on the first day of the second month following the | 2 | | date the hospital ceases to receive payments from such pool. | 3 | | (b) Amounts moved into claims-based rates and distributed | 4 | | in accordance with Section 14-12 shall remain in those | 5 | | claims-based rates. | 6 | | (c) Graduate medical education. | 7 | | (1) The calculation of graduate medical education | 8 | | payments shall be based on the hospital's Medicare cost | 9 | | report ending in Calendar Year 2018, as reported in the | 10 | | Healthcare Cost Report Information System file, release | 11 | | date September 30, 2019. An Illinois hospital reporting | 12 | | intern and resident cost on its Medicare cost report shall | 13 | | be eligible for graduate medical education payments. | 14 | | (2) Each hospital's annualized Medicaid Intern | 15 | | Resident Cost is calculated using annualized intern and | 16 | | resident total costs obtained from Worksheet B Part I, | 17 | | Columns 21 and 22 the sum of Lines 30-43, 50-76, 90-93, | 18 | | 96-98, and 105-112 multiplied by the percentage that the | 19 | | hospital's Medicaid days (Worksheet S3 Part I, Column 7, | 20 | | Lines 2, 3, 4, 14, 16-18, and 32) comprise of the | 21 | | hospital's total days (Worksheet S3 Part I, Column 8, | 22 | | Lines 14, 16-18, and 32). | 23 | | (3) An annualized Medicaid indirect medical education | 24 | | (IME) payment is calculated for each hospital using its | 25 | | IME payments (Worksheet E Part A, Line 29, Column 1) | 26 | | multiplied by the percentage that its Medicaid days |
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| 1 | | (Worksheet S3 Part I, Column 7, Lines 2, 3, 4, 14, 16-18, | 2 | | and 32) comprise of its Medicare days (Worksheet S3 Part | 3 | | I, Column 6, Lines 2, 3, 4, 14, and 16-18). | 4 | | (4) For each hospital, its annualized Medicaid Intern | 5 | | Resident Cost and its annualized Medicaid IME payment are | 6 | | summed, and, except as capped at 120% of the average cost | 7 | | per intern and resident for all qualifying hospitals as | 8 | | calculated under this paragraph, is multiplied by the | 9 | | applicable reimbursement factor as described in this | 10 | | paragraph, to determine the hospital's final graduate | 11 | | medical education payment. Each hospital's average cost | 12 | | per intern and resident shall be calculated by summing its | 13 | | total annualized Medicaid Intern Resident Cost plus its | 14 | | annualized Medicaid IME payment and dividing that amount | 15 | | by the hospital's total Full Time Equivalent Residents and | 16 | | Interns. If the hospital's average per intern and resident | 17 | | cost is greater than 120% of the same calculation for all | 18 | | qualifying hospitals, the hospital's per intern and | 19 | | resident cost shall be capped at 120% of the average cost | 20 | | for all qualifying hospitals. | 21 | | (A) For the period of July 1, 2020 through | 22 | | December 31, 2022, the applicable reimbursement factor | 23 | | shall be 22.6%. | 24 | | (B) For the period of January 1, 2023 through | 25 | | December 31, 2026, the applicable reimbursement factor | 26 | | shall be 35% for all qualified safety-net hospitals, |
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| 1 | | as defined in Section 5-5e.1 of this Code, and all | 2 | | hospitals with 100 or more Full Time Equivalent | 3 | | Residents and Interns, as reported on the hospital's | 4 | | Medicare cost report ending in Calendar Year 2018, and | 5 | | for all other qualified hospitals the applicable | 6 | | reimbursement factor shall be 30%. | 7 | | (d) Fee-for-service supplemental payments. For the period | 8 | | of July 1, 2020 through December 31, 2022, each Illinois | 9 | | hospital shall receive an annual payment equal to the amounts | 10 | | below, to be paid in 12 equal installments on or before the | 11 | | seventh State business day of each month, except that no | 12 | | payment shall be due within 30 days after the later of the date | 13 | | of notification of federal approval of the payment | 14 | | methodologies required under this Section or any waiver | 15 | | required under 42 CFR 433.68, at which time the sum of amounts | 16 | | required under this Section prior to the date of notification | 17 | | is due and payable. | 18 | | (1) For critical access hospitals, $385 per covered | 19 | | inpatient day contained in paid fee-for-service claims and | 20 | | $530 per paid fee-for-service outpatient claim for dates | 21 | | of service in Calendar Year 2019 in the Department's | 22 | | Enterprise Data Warehouse as of May 11, 2020. | 23 | | (2) For safety-net hospitals, $960 per covered | 24 | | inpatient day contained in paid fee-for-service claims and | 25 | | $625 per paid fee-for-service outpatient claim for dates | 26 | | of service in Calendar Year 2019 in the Department's |
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| 1 | | Enterprise Data Warehouse as of May 11, 2020. | 2 | | (3) For long term acute care hospitals, $295 per | 3 | | covered inpatient day contained in paid fee-for-service | 4 | | claims for dates of service in Calendar Year 2019 in the | 5 | | Department's Enterprise Data Warehouse as of May 11, 2020. | 6 | | (4) For freestanding psychiatric hospitals, $125 per | 7 | | covered inpatient day contained in paid fee-for-service | 8 | | claims and $130 per paid fee-for-service outpatient claim | 9 | | for dates of service in Calendar Year 2019 in the | 10 | | Department's Enterprise Data Warehouse as of May 11, 2020. | 11 | | (5) For freestanding rehabilitation hospitals, $355 | 12 | | per covered inpatient day contained in paid | 13 | | fee-for-service claims for dates of service in Calendar | 14 | | Year 2019 in the Department's Enterprise Data Warehouse as | 15 | | of May 11, 2020. | 16 | | (6) For all general acute care hospitals and high | 17 | | Medicaid hospitals as defined in subsection (f), $350 per | 18 | | covered inpatient day for dates of service in Calendar | 19 | | Year 2019 contained in paid fee-for-service claims and | 20 | | $620 per paid fee-for-service outpatient claim in the | 21 | | Department's Enterprise Data Warehouse as of May 11, 2020. | 22 | | (7) Alzheimer's treatment access payment. Each | 23 | | Illinois academic medical center or teaching hospital, as | 24 | | defined in Section 5-5e.2 of this Code, that is identified | 25 | | as the primary hospital affiliate of one of the Regional | 26 | | Alzheimer's Disease Assistance Centers, as designated by |
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| 1 | | the Alzheimer's Disease Assistance Act and identified in | 2 | | the Department of Public Health's Alzheimer's Disease | 3 | | State Plan dated December 2016, shall be paid an | 4 | | Alzheimer's treatment access payment equal to the product | 5 | | of the qualifying hospital's State Fiscal Year 2018 total | 6 | | inpatient fee-for-service days multiplied by the | 7 | | applicable Alzheimer's treatment rate of $226.30 for | 8 | | hospitals located in Cook County and $116.21 for hospitals | 9 | | located outside Cook County. | 10 | | (d-2) Fee-for-service supplemental payments. Beginning | 11 | | January 1, 2023, each Illinois hospital shall receive an | 12 | | annual payment equal to the amounts listed below, to be paid in | 13 | | 12 equal installments on or before the seventh State business | 14 | | day of each month, except that no payment shall be due within | 15 | | 30 days after the later of the date of notification of federal | 16 | | approval of the payment methodologies required under this | 17 | | Section or any waiver required under 42 CFR 433.68, at which | 18 | | time the sum of amounts required under this Section prior to | 19 | | the date of notification is due and payable. The Department | 20 | | may adjust the rates in paragraphs (1) through (7) to comply | 21 | | with the federal upper payment limits, with such adjustments | 22 | | being determined so that the total estimated spending by | 23 | | hospital class, under such adjusted rates, remains | 24 | | substantially similar to the total estimated spending under | 25 | | the original rates set forth in this subsection. | 26 | | (1) For critical access hospitals, as defined in |
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| 1 | | subsection (f), $750 per covered inpatient day contained | 2 | | in paid fee-for-service claims and $750 per paid | 3 | | fee-for-service outpatient claim for dates of service in | 4 | | Calendar Year 2019 in the Department's Enterprise Data | 5 | | Warehouse as of August 6, 2021. | 6 | | (2) For safety-net hospitals, as described in | 7 | | subsection (f), $1,350 per inpatient day contained in paid | 8 | | fee-for-service claims and $1,350 per paid fee-for-service | 9 | | outpatient claim for dates of service in Calendar Year | 10 | | 2019 in the Department's Enterprise Data Warehouse as of | 11 | | August 6, 2021. | 12 | | (3) For long term acute care hospitals, $550 per | 13 | | covered inpatient day contained in paid fee-for-service | 14 | | claims for dates of service in Calendar Year 2019 in the | 15 | | Department's Enterprise Data Warehouse as of August 6, | 16 | | 2021. | 17 | | (4) For freestanding psychiatric hospitals, $200 per | 18 | | covered inpatient day contained in paid fee-for-service | 19 | | claims and $200 per paid fee-for-service outpatient claim | 20 | | for dates of service in Calendar Year 2019 in the | 21 | | Department's Enterprise Data Warehouse as of August 6, | 22 | | 2021. | 23 | | (5) For freestanding rehabilitation hospitals, $550 | 24 | | per covered inpatient day contained in paid | 25 | | fee-for-service claims and $125 per paid fee-for-service | 26 | | outpatient claim for dates of service in Calendar Year |
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| 1 | | 2019 in the Department's Enterprise Data Warehouse as of | 2 | | August 6, 2021. | 3 | | (6) For all general acute care hospitals and high | 4 | | Medicaid hospitals as defined in subsection (f), $500 per | 5 | | covered inpatient day for dates of service in Calendar | 6 | | Year 2019 contained in paid fee-for-service claims and | 7 | | $500 per paid fee-for-service outpatient claim in the | 8 | | Department's Enterprise Data Warehouse as of August 6, | 9 | | 2021. | 10 | | (7) For public hospitals, as defined in subsection | 11 | | (f), $275 per covered inpatient day contained in paid | 12 | | fee-for-service claims and $275 per paid fee-for-service | 13 | | outpatient claim for dates of service in Calendar Year | 14 | | 2019 in the Department's Enterprise Data Warehouse as of | 15 | | August 6, 2021. | 16 | | (8) Alzheimer's treatment access payment. Each | 17 | | Illinois academic medical center or teaching hospital, as | 18 | | defined in Section 5-5e.2 of this Code, that is identified | 19 | | as the primary hospital affiliate of one of the Regional | 20 | | Alzheimer's Disease Assistance Centers, as designated by | 21 | | the Alzheimer's Disease Assistance Act and identified in | 22 | | the Department of Public Health's Alzheimer's Disease | 23 | | State Plan dated December 2016, shall be paid an | 24 | | Alzheimer's treatment access payment equal to the product | 25 | | of the qualifying hospital's Calendar Year 2019 total | 26 | | inpatient fee-for-service days, in the Department's |
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| 1 | | Enterprise Data Warehouse as of August 6, 2021, multiplied | 2 | | by the applicable Alzheimer's treatment rate of $244.37 | 3 | | for hospitals located in Cook County and $312.03 for | 4 | | hospitals located outside Cook County. | 5 | | (e) The Department shall require managed care | 6 | | organizations (MCOs) to make directed payments and | 7 | | pass-through payments according to this Section. Each calendar | 8 | | year, the Department shall require MCOs to pay the maximum | 9 | | amount out of these funds as allowed as pass-through payments | 10 | | under federal regulations. The Department shall require MCOs | 11 | | to make such pass-through payments as specified in this | 12 | | Section. The Department shall require the MCOs to pay the | 13 | | remaining amounts as directed Payments as specified in this | 14 | | Section. The Department shall issue payments to the | 15 | | Comptroller by the seventh business day of each month for all | 16 | | MCOs that are sufficient for MCOs to make the directed | 17 | | payments and pass-through payments according to this Section. | 18 | | The Department shall require the MCOs to make pass-through | 19 | | payments and directed payments using electronic funds | 20 | | transfers (EFT), if the hospital provides the information | 21 | | necessary to process such EFTs, in accordance with directions | 22 | | provided monthly by the Department, within 7 business days of | 23 | | the date the funds are paid to the MCOs, as indicated by the | 24 | | "Paid Date" on the website of the Office of the Comptroller if | 25 | | the funds are paid by EFT and the MCOs have received directed | 26 | | payment instructions. If funds are not paid through the |
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| 1 | | Comptroller by EFT, payment must be made within 7 business | 2 | | days of the date actually received by the MCO. The MCO will be | 3 | | considered to have paid the pass-through payments when the | 4 | | payment remittance number is generated or the date the MCO | 5 | | sends the check to the hospital, if EFT information is not | 6 | | supplied. If an MCO is late in paying a pass-through payment or | 7 | | directed payment as required under this Section (including any | 8 | | extensions granted by the Department), it shall pay a penalty, | 9 | | unless waived by the Department for reasonable cause, to the | 10 | | Department equal to 5% of the amount of the pass-through | 11 | | payment or directed payment not paid on or before the due date | 12 | | plus 5% of the portion thereof remaining unpaid on the last day | 13 | | of each 30-day period thereafter. Payments to MCOs that would | 14 | | be paid consistent with actuarial certification and enrollment | 15 | | in the absence of the increased capitation payments under this | 16 | | Section shall not be reduced as a consequence of payments made | 17 | | under this subsection. The Department shall publish and | 18 | | maintain on its website for a period of no less than 8 calendar | 19 | | quarters, the quarterly calculation of directed payments and | 20 | | pass-through payments owed to each hospital from each MCO. All | 21 | | calculations and reports shall be posted no later than the | 22 | | first day of the quarter for which the payments are to be | 23 | | issued. | 24 | | (f)(1) For purposes of allocating the funds included in | 25 | | capitation payments to MCOs, Illinois hospitals shall be | 26 | | divided into the following classes as defined in |
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| 1 | | administrative rules: | 2 | | (A) Beginning July 1, 2020 through December 31, 2022, | 3 | | critical access hospitals. Beginning January 1, 2023, | 4 | | "critical access hospital" means a hospital designated by | 5 | | the Department of Public Health as a critical access | 6 | | hospital, excluding any hospital meeting the definition of | 7 | | a public hospital in subparagraph (F). | 8 | | (B) Safety-net hospitals, except that stand-alone | 9 | | children's hospitals that are not specialty children's | 10 | | hospitals will not be included. For the calendar year | 11 | | beginning January 1, 2023, and each calendar year | 12 | | thereafter, assignment to the safety-net class shall be | 13 | | based on the annual safety-net rate year beginning 15 | 14 | | months before the beginning of the first Payout Quarter of | 15 | | the calendar year. | 16 | | (C) Long term acute care hospitals. | 17 | | (D) Freestanding psychiatric hospitals. | 18 | | (E) Freestanding rehabilitation hospitals. | 19 | | (F) Beginning January 1, 2023, "public hospital" means | 20 | | a hospital that is owned or operated by an Illinois | 21 | | Government body or municipality, excluding a hospital | 22 | | provider that is a State agency, a State university, or a | 23 | | county with a population of 3,000,000 or more. | 24 | | (G) High Medicaid hospitals. | 25 | | (i) As used in this Section, "high Medicaid | 26 | | hospital" means a general acute care hospital that: |
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| 1 | | (I) For the payout periods July 1, 2020 | 2 | | through December 31, 2022, is not a safety-net | 3 | | hospital or critical access hospital and that has | 4 | | a Medicaid Inpatient Utilization Rate above 30% or | 5 | | a hospital that had over 35,000 inpatient Medicaid | 6 | | days during the applicable period. For the period | 7 | | July 1, 2020 through December 31, 2020, the | 8 | | applicable period for the Medicaid Inpatient | 9 | | Utilization Rate (MIUR) is the rate year 2020 MIUR | 10 | | and for the number of inpatient days it is State | 11 | | fiscal year 2018. Beginning in calendar year 2021, | 12 | | the Department shall use the most recently | 13 | | determined MIUR, as defined in subsection (h) of | 14 | | Section 5-5.02, and for the inpatient day | 15 | | threshold, the State fiscal year ending 18 months | 16 | | prior to the beginning of the calendar year. For | 17 | | purposes of calculating MIUR under this Section, | 18 | | children's hospitals and affiliated general acute | 19 | | care hospitals shall be considered a single | 20 | | hospital. | 21 | | (II) For the calendar year beginning January | 22 | | 1, 2023, and each calendar year thereafter, is not | 23 | | a public hospital, safety-net hospital, or | 24 | | critical access hospital and that qualifies as a | 25 | | regional high volume hospital or is a hospital | 26 | | that has a Medicaid Inpatient Utilization Rate |
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| 1 | | (MIUR) above 30%. As used in this item, "regional | 2 | | high volume hospital" means a hospital which ranks | 3 | | in the top 2 quartiles based on total hospital | 4 | | services volume, of all eligible general acute | 5 | | care hospitals, when ranked in descending order | 6 | | based on total hospital services volume, within | 7 | | the same Medicaid managed care region, as | 8 | | designated by the Department, as of January 1, | 9 | | 2022. As used in this item, "total hospital | 10 | | services volume" means the total of all Medical | 11 | | Assistance hospital inpatient admissions plus all | 12 | | Medical Assistance hospital outpatient visits. For | 13 | | purposes of determining regional high volume | 14 | | hospital inpatient admissions and outpatient | 15 | | visits, the Department shall use dates of service | 16 | | provided during State Fiscal Year 2020 for the | 17 | | Payout Quarter beginning January 1, 2023. The | 18 | | Department shall use dates of service from the | 19 | | State fiscal year ending 18 month before the | 20 | | beginning of the first Payout Quarter of the | 21 | | subsequent annual determination period. | 22 | | (ii) For the calendar year beginning January 1, | 23 | | 2023, the Department shall use the Rate Year 2022 | 24 | | Medicaid inpatient utilization rate (MIUR), as defined | 25 | | in subsection (h) of Section 5-5.02. For each | 26 | | subsequent annual determination, the Department shall |
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| 1 | | use the MIUR applicable to the rate year ending | 2 | | September 30 of the year preceding the beginning of | 3 | | the calendar year. | 4 | | (H) General acute care hospitals. As used under this | 5 | | Section, "general acute care hospitals" means all other | 6 | | Illinois hospitals not identified in subparagraphs (A) | 7 | | through (G). | 8 | | (2) Hospitals' qualification for each class shall be | 9 | | assessed prior to the beginning of each calendar year and the | 10 | | new class designation shall be effective January 1 of the next | 11 | | year. The Department shall publish by rule the process for | 12 | | establishing class determination. | 13 | | (g) Fixed pool directed payments. Beginning July 1, 2020, | 14 | | the Department shall issue payments to MCOs which shall be | 15 | | used to issue directed payments to qualified Illinois | 16 | | safety-net hospitals and critical access hospitals on a | 17 | | monthly basis in accordance with this subsection. Prior to the | 18 | | beginning of each Payout Quarter beginning July 1, 2020, the | 19 | | Department shall use encounter claims data from the | 20 | | Determination Quarter, accepted by the Department's Medicaid | 21 | | Management Information System for inpatient and outpatient | 22 | | services rendered by safety-net hospitals and critical access | 23 | | hospitals to determine a quarterly uniform per unit add-on for | 24 | | each hospital class. | 25 | | (1) Inpatient per unit add-on. A quarterly uniform per | 26 | | diem add-on shall be derived by dividing the quarterly |
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| 1 | | Inpatient Directed Payments Pool amount allocated to the | 2 | | applicable hospital class by the total inpatient days | 3 | | contained on all encounter claims received during the | 4 | | Determination Quarter, for all hospitals in the class. | 5 | | (A) Each hospital in the class shall have a | 6 | | quarterly inpatient directed payment calculated that | 7 | | is equal to the product of the number of inpatient days | 8 | | attributable to the hospital used in the calculation | 9 | | of the quarterly uniform class per diem add-on, | 10 | | multiplied by the calculated applicable quarterly | 11 | | uniform class per diem add-on of the hospital class. | 12 | | (B) Each hospital shall be paid 1/3 of its | 13 | | quarterly inpatient directed payment in each of the 3 | 14 | | months of the Payout Quarter, in accordance with | 15 | | directions provided to each MCO by the Department. | 16 | | (2) Outpatient per unit add-on. A quarterly uniform | 17 | | per claim add-on shall be derived by dividing the | 18 | | quarterly Outpatient Directed Payments Pool amount | 19 | | allocated to the applicable hospital class by the total | 20 | | outpatient encounter claims received during the | 21 | | Determination Quarter, for all hospitals in the class. | 22 | | (A) Each hospital in the class shall have a | 23 | | quarterly outpatient directed payment calculated that | 24 | | is equal to the product of the number of outpatient | 25 | | encounter claims attributable to the hospital used in | 26 | | the calculation of the quarterly uniform class per |
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| 1 | | claim add-on, multiplied by the calculated applicable | 2 | | quarterly uniform class per claim add-on of the | 3 | | hospital class. | 4 | | (B) Each hospital shall be paid 1/3 of its | 5 | | quarterly outpatient directed payment in each of the 3 | 6 | | months of the Payout Quarter, in accordance with | 7 | | directions provided to each MCO by the Department. | 8 | | (3) Each MCO shall pay each hospital the Monthly | 9 | | Directed Payment as identified by the Department on its | 10 | | quarterly determination report. | 11 | | (4) Definitions. As used in this subsection: | 12 | | (A) "Payout Quarter" means each 3 month calendar | 13 | | quarter, beginning July 1, 2020. | 14 | | (B) "Determination Quarter" means each 3 month | 15 | | calendar quarter, which ends 3 months prior to the | 16 | | first day of each Payout Quarter. | 17 | | (5) For the period July 1, 2020 through December 2020, | 18 | | the following amounts shall be allocated to the following | 19 | | hospital class directed payment pools for the quarterly | 20 | | development of a uniform per unit add-on: | 21 | | (A) $2,894,500 for hospital inpatient services for | 22 | | critical access hospitals. | 23 | | (B) $4,294,374 for hospital outpatient services | 24 | | for critical access hospitals. | 25 | | (C) $29,109,330 for hospital inpatient services | 26 | | for safety-net hospitals. |
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| 1 | | (D) $35,041,218 for hospital outpatient services | 2 | | for safety-net hospitals. | 3 | | (6) For the period January 1, 2023 through December | 4 | | 31, 2023, the Department shall establish the amounts that | 5 | | shall be allocated to the hospital class directed payment | 6 | | fixed pools identified in this paragraph for the quarterly | 7 | | development of a uniform per unit add-on. The Department | 8 | | shall establish such amounts so that the total amount of | 9 | | payments to each hospital under this Section in calendar | 10 | | year 2023 is projected to be substantially similar to the | 11 | | total amount of such payments received by the hospital | 12 | | under this Section in calendar year 2021, adjusted for | 13 | | increased funding provided for fixed pool directed | 14 | | payments under subsection (g) in calendar year 2022, | 15 | | assuming that the volume and acuity of claims are held | 16 | | constant. The Department shall publish the directed | 17 | | payment fixed pool amounts to be established under this | 18 | | paragraph on its website by November 15, 2022. | 19 | | (A) Hospital inpatient services for critical | 20 | | access hospitals. | 21 | | (B) Hospital outpatient services for critical | 22 | | access hospitals. | 23 | | (C) Hospital inpatient services for public | 24 | | hospitals. | 25 | | (D) Hospital outpatient services for public | 26 | | hospitals. |
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| 1 | | (E) Hospital inpatient services for safety-net | 2 | | hospitals. | 3 | | (F) Hospital outpatient services for safety-net | 4 | | hospitals. | 5 | | (7) Semi-annual rate maintenance review. The | 6 | | Department shall ensure that hospitals assigned to the | 7 | | fixed pools in paragraph (6) are paid no less than 95% of | 8 | | the annual initial rate for each 6-month period of each | 9 | | annual payout period. For each calendar year, the | 10 | | Department shall calculate the annual initial rate per day | 11 | | and per visit for each fixed pool hospital class listed in | 12 | | paragraph (6), by dividing the total of all applicable | 13 | | inpatient or outpatient directed payments issued in the | 14 | | preceding calendar year to the hospitals in each fixed | 15 | | pool class for the calendar year, plus any increase | 16 | | resulting from the annual adjustments described in | 17 | | subsection (i), by the actual applicable total service | 18 | | units for the preceding calendar year which were the basis | 19 | | of the total applicable inpatient or outpatient directed | 20 | | payments issued to the hospitals in each fixed pool class | 21 | | in the calendar year, except that for calendar year 2023, | 22 | | the service units from calendar year 2021 shall be used. | 23 | | (A) The Department shall calculate the effective | 24 | | rate, per day and per visit, for the payout periods of | 25 | | January to June and July to December of each year, for | 26 | | each fixed pool listed in paragraph (6), by dividing |
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| 1 | | 50% of the annual pool by the total applicable | 2 | | reported service units for the 2 applicable | 3 | | determination quarters. | 4 | | (B) If the effective rate calculated in | 5 | | subparagraph (A) is less than 95% of the annual | 6 | | initial rate assigned to the class for each pool under | 7 | | paragraph (6), the Department shall adjust the payment | 8 | | for each hospital to a level equal to no less than 95% | 9 | | of the annual initial rate, by issuing a retroactive | 10 | | adjustment payment for the 6-month period under review | 11 | | as identified in subparagraph (A). | 12 | | (h) Fixed rate directed payments. Effective July 1, 2020, | 13 | | the Department shall issue payments to MCOs which shall be | 14 | | used to issue directed payments to Illinois hospitals not | 15 | | identified in paragraph (g) on a monthly basis. Prior to the | 16 | | beginning of each Payout Quarter beginning July 1, 2020, the | 17 | | Department shall use encounter claims data from the | 18 | | Determination Quarter, accepted by the Department's Medicaid | 19 | | Management Information System for inpatient and outpatient | 20 | | services rendered by hospitals in each hospital class | 21 | | identified in paragraph (f) and not identified in paragraph | 22 | | (g). For the period July 1, 2020 through December 2020, the | 23 | | Department shall direct MCOs to make payments as follows: | 24 | | (1) For general acute care hospitals an amount equal | 25 | | to $1,750 multiplied by the hospital's category of service | 26 | | 20 case mix index for the determination quarter multiplied |
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| 1 | | by the hospital's total number of inpatient admissions for | 2 | | category of service 20 for the determination quarter. | 3 | | (2) For general acute care hospitals an amount equal | 4 | | to $160 multiplied by the hospital's category of service | 5 | | 21 case mix index for the determination quarter multiplied | 6 | | by the hospital's total number of inpatient admissions for | 7 | | category of service 21 for the determination quarter. | 8 | | (3) For general acute care hospitals an amount equal | 9 | | to $80 multiplied by the hospital's category of service 22 | 10 | | case mix index for the determination quarter multiplied by | 11 | | the hospital's total number of inpatient admissions for | 12 | | category of service 22 for the determination quarter. | 13 | | (4) For general acute care hospitals an amount equal | 14 | | to $375 multiplied by the hospital's category of service | 15 | | 24 case mix index for the determination quarter multiplied | 16 | | by the hospital's total number of category of service 24 | 17 | | paid EAPG (EAPGs) for the determination quarter. | 18 | | (5) For general acute care hospitals an amount equal | 19 | | to $240 multiplied by the hospital's category of service | 20 | | 27 and 28 case mix index for the determination quarter | 21 | | multiplied by the hospital's total number of category of | 22 | | service 27 and 28 paid EAPGs for the determination | 23 | | quarter. | 24 | | (6) For general acute care hospitals an amount equal | 25 | | to $290 multiplied by the hospital's category of service | 26 | | 29 case mix index for the determination quarter multiplied |
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| 1 | | by the hospital's total number of category of service 29 | 2 | | paid EAPGs for the determination quarter. | 3 | | (7) For high Medicaid hospitals an amount equal to | 4 | | $1,800 multiplied by the hospital's category of service 20 | 5 | | case mix index for the determination quarter multiplied by | 6 | | the hospital's total number of inpatient admissions for | 7 | | category of service 20 for the determination quarter. | 8 | | (8) For high Medicaid hospitals an amount equal to | 9 | | $160 multiplied by the hospital's category of service 21 | 10 | | case mix index for the determination quarter multiplied by | 11 | | the hospital's total number of inpatient admissions for | 12 | | category of service 21 for the determination quarter. | 13 | | (9) For high Medicaid hospitals an amount equal to $80 | 14 | | multiplied by the hospital's category of service 22 case | 15 | | mix index for the determination quarter multiplied by the | 16 | | hospital's total number of inpatient admissions for | 17 | | category of service 22 for the determination quarter. | 18 | | (10) For high Medicaid hospitals an amount equal to | 19 | | $400 multiplied by the hospital's category of service 24 | 20 | | case mix index for the determination quarter multiplied by | 21 | | the hospital's total number of category of service 24 paid | 22 | | EAPG outpatient claims for the determination quarter. | 23 | | (11) For high Medicaid hospitals an amount equal to | 24 | | $240 multiplied by the hospital's category of service 27 | 25 | | and 28 case mix index for the determination quarter | 26 | | multiplied by the hospital's total number of category of |
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| 1 | | service 27 and 28 paid EAPGs for the determination | 2 | | quarter. | 3 | | (12) For high Medicaid hospitals an amount equal to | 4 | | $290 multiplied by the hospital's category of service 29 | 5 | | case mix index for the determination quarter multiplied by | 6 | | the hospital's total number of category of service 29 paid | 7 | | EAPGs for the determination quarter. | 8 | | (13) For long term acute care hospitals the amount of | 9 | | $495 multiplied by the hospital's total number of | 10 | | inpatient days for the determination quarter. | 11 | | (14) For psychiatric hospitals the amount of $210 | 12 | | multiplied by the hospital's total number of inpatient | 13 | | days for category of service 21 for the determination | 14 | | quarter. | 15 | | (15) For psychiatric hospitals the amount of $250 | 16 | | multiplied by the hospital's total number of outpatient | 17 | | claims for category of service 27 and 28 for the | 18 | | determination quarter. | 19 | | (16) For rehabilitation hospitals the amount of $410 | 20 | | multiplied by the hospital's total number of inpatient | 21 | | days for category of service 22 for the determination | 22 | | quarter. | 23 | | (17) For rehabilitation hospitals the amount of $100 | 24 | | multiplied by the hospital's total number of outpatient | 25 | | claims for category of service 29 for the determination | 26 | | quarter. |
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| 1 | | (18) Effective for the Payout Quarter beginning | 2 | | January 1, 2023, for the directed payments to hospitals | 3 | | required under this subsection, the Department shall | 4 | | establish the amounts that shall be used to calculate such | 5 | | directed payments using the methodologies specified in | 6 | | this paragraph. The Department shall use a single, uniform | 7 | | rate, adjusted for acuity as specified in paragraphs (1) | 8 | | through (12), for all categories of inpatient services | 9 | | provided by each class of hospitals and a single uniform | 10 | | rate, adjusted for acuity as specified in paragraphs (1) | 11 | | through (12), for all categories of outpatient services | 12 | | provided by each class of hospitals. The Department shall | 13 | | establish such amounts so that the total amount of | 14 | | payments to each hospital under this Section in calendar | 15 | | year 2023 is projected to be substantially similar to the | 16 | | total amount of such payments received by the hospital | 17 | | under this Section in calendar year 2021, adjusted for | 18 | | increased funding provided for fixed pool directed | 19 | | payments under subsection (g) in calendar year 2022, | 20 | | assuming that the volume and acuity of claims are held | 21 | | constant. The Department shall publish the directed | 22 | | payment amounts to be established under this subsection on | 23 | | its website by November 15, 2022. | 24 | | (19) Each hospital shall be paid 1/3 of their | 25 | | quarterly inpatient and outpatient directed payment in | 26 | | each of the 3 months of the Payout Quarter, in accordance |
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| 1 | | with directions provided to each MCO by the Department. | 2 | | 20 Each MCO shall pay each hospital the Monthly | 3 | | Directed Payment amount as identified by the Department on | 4 | | its quarterly determination report. | 5 | | Notwithstanding any other provision of this subsection, if | 6 | | the Department determines that the actual total hospital | 7 | | utilization data that is used to calculate the fixed rate | 8 | | directed payments is substantially different than anticipated | 9 | | when the rates in this subsection were initially determined | 10 | | for unforeseeable circumstances (such as the COVID-19 pandemic | 11 | | or some other public health emergency), the Department may | 12 | | adjust the rates specified in this subsection so that the | 13 | | total directed payments approximate the total spending amount | 14 | | anticipated when the rates were initially established. | 15 | | Definitions. As used in this subsection: | 16 | | (A) "Payout Quarter" means each calendar quarter, | 17 | | beginning July 1, 2020. | 18 | | (B) "Determination Quarter" means each calendar | 19 | | quarter which ends 3 months prior to the first day of | 20 | | each Payout Quarter. | 21 | | (C) "Case mix index" means a hospital specific | 22 | | calculation. For inpatient claims the case mix index | 23 | | is calculated each quarter by summing the relative | 24 | | weight of all inpatient Diagnosis-Related Group (DRG) | 25 | | claims for a category of service in the applicable | 26 | | Determination Quarter and dividing the sum by the |
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| 1 | | number of sum total of all inpatient DRG admissions | 2 | | for the category of service for the associated claims. | 3 | | The case mix index for outpatient claims is calculated | 4 | | each quarter by summing the relative weight of all | 5 | | paid EAPGs in the applicable Determination Quarter and | 6 | | dividing the sum by the sum total of paid EAPGs for the | 7 | | associated claims. | 8 | | (i) Beginning January 1, 2021, the rates for directed | 9 | | payments shall be recalculated in order to spend the | 10 | | additional funds for directed payments that result from | 11 | | reduction in the amount of pass-through payments allowed under | 12 | | federal regulations. The additional funds for directed | 13 | | payments shall be allocated proportionally to each class of | 14 | | hospitals based on that class' proportion of services. | 15 | | (1) Beginning January 1, 2024, the fixed pool directed | 16 | | payment amounts and the associated annual initial rates | 17 | | referenced in paragraph (6) of subsection (f) for each | 18 | | hospital class shall be uniformly increased by a ratio of | 19 | | not less than, the ratio of the total pass-through | 20 | | reduction amount pursuant to paragraph (4) of subsection | 21 | | (j), for the hospitals comprising the hospital fixed pool | 22 | | directed payment class for the next calendar year, to the | 23 | | total inpatient and outpatient directed payments for the | 24 | | hospitals comprising the hospital fixed pool directed | 25 | | payment class paid during the preceding calendar year. | 26 | | (2) Beginning January 1, 2024, the fixed rates for the |
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| 1 | | directed payments referenced in paragraph (18) of | 2 | | subsection (h) for each hospital class shall be uniformly | 3 | | increased by a ratio of not less than, the ratio of the | 4 | | total pass-through reduction amount pursuant to paragraph | 5 | | (4) of subsection (j), for the hospitals comprising the | 6 | | hospital directed payment class for the next calendar | 7 | | year, to the total inpatient and outpatient directed | 8 | | payments for the hospitals comprising the hospital fixed | 9 | | rate directed payment class paid during the preceding | 10 | | calendar year. | 11 | | (j) Pass-through payments. | 12 | | (1) For the period July 1, 2020 through December 31, | 13 | | 2020, the Department shall assign quarterly pass-through | 14 | | payments to each class of hospitals equal to one-fourth of | 15 | | the following annual allocations: | 16 | | (A) $390,487,095 to safety-net hospitals. | 17 | | (B) $62,553,886 to critical access hospitals. | 18 | | (C) $345,021,438 to high Medicaid hospitals. | 19 | | (D) $551,429,071 to general acute care hospitals. | 20 | | (E) $27,283,870 to long term acute care hospitals. | 21 | | (F) $40,825,444 to freestanding psychiatric | 22 | | hospitals. | 23 | | (G) $9,652,108 to freestanding rehabilitation | 24 | | hospitals. | 25 | | (2) For the period of July 1, 2020 through December | 26 | | 31, 2020, the pass-through payments shall at a minimum |
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| 1 | | ensure hospitals receive a total amount of monthly | 2 | | payments under this Section as received in calendar year | 3 | | 2019 in accordance with this Article and paragraph (1) of | 4 | | subsection (d-5) of Section 14-12, exclusive of amounts | 5 | | received through payments referenced in subsection (b). | 6 | | (3) For the calendar year beginning January 1, 2023, | 7 | | the Department shall establish the annual pass-through | 8 | | allocation to each class of hospitals and the pass-through | 9 | | payments to each hospital so that the total amount of | 10 | | payments to each hospital under this Section in calendar | 11 | | year 2023 is projected to be substantially similar to the | 12 | | total amount of such payments received by the hospital | 13 | | under this Section in calendar year 2021, adjusted for | 14 | | increased funding provided for fixed pool directed | 15 | | payments under subsection (g) in calendar year 2022, | 16 | | assuming that the volume and acuity of claims are held | 17 | | constant. The Department shall publish the pass-through | 18 | | allocation to each class and the pass-through payments to | 19 | | each hospital to be established under this subsection on | 20 | | its website by November 15, 2022. | 21 | | (4) For the calendar years beginning January 1, 2021, | 22 | | January 1, 2022, and January 1, 2024, and each calendar | 23 | | year thereafter, each hospital's pass-through payment | 24 | | amount shall be reduced proportionally to the reduction of | 25 | | all pass-through payments required by federal regulations. | 26 | | (k) At least 30 days prior to each calendar year, the |
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| 1 | | Department shall notify each hospital of changes to the | 2 | | payment methodologies in this Section, including, but not | 3 | | limited to, changes in the fixed rate directed payment rates, | 4 | | the aggregate pass-through payment amount for all hospitals, | 5 | | and the hospital's pass-through payment amount for the | 6 | | upcoming calendar year. | 7 | | (l) Notwithstanding any other provisions of this Section, | 8 | | the Department may adopt rules to change the methodology for | 9 | | directed and pass-through payments as set forth in this | 10 | | Section, but only to the extent necessary to obtain federal | 11 | | approval of a necessary State Plan amendment or Directed | 12 | | Payment Preprint or to otherwise conform to federal law or | 13 | | federal regulation. | 14 | | (m) As used in this subsection, "managed care | 15 | | organization" or "MCO" means an entity which contracts with | 16 | | the Department to provide services where payment for medical | 17 | | services is made on a capitated basis, excluding contracted | 18 | | entities for dual eligible or Department of Children and | 19 | | Family Services youth populations.
| 20 | | (n) In order to address the escalating infant mortality | 21 | | rates among minority communities in Illinois, the State shall, | 22 | | subject to appropriation, create a pool of funding of at least | 23 | | $50,000,000 annually to be disbursed among safety-net | 24 | | hospitals that maintain perinatal designation from the | 25 | | Department of Public Health. The funding shall be used to | 26 | | preserve or enhance OB/GYN services or other specialty |
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| 1 | | services at the receiving hospital, with the distribution of | 2 | | funding to be established by rule and with consideration to | 3 | | perinatal hospitals with safe birthing levels and quality | 4 | | metrics for healthy mothers and babies. | 5 | | (o) In order to address the growing challenges of | 6 | | providing stable access to healthcare in rural Illinois, | 7 | | including perinatal services, behavioral healthcare including | 8 | | substance use disorder services (SUDs) and other specialty | 9 | | services, and to expand access to telehealth services among | 10 | | rural communities in Illinois, the Department of Healthcare | 11 | | and Family Services, subject to appropriation, shall | 12 | | administer a program to provide at least $10,000,000 in | 13 | | financial support annually to critical access hospitals for | 14 | | delivery of perinatal and OB/GYN services, behavioral | 15 | | healthcare including SUDS, other specialty services and | 16 | | telehealth services. The funding shall be used to preserve or | 17 | | enhance perinatal and OB/GYN services, behavioral healthcare | 18 | | including SUDS, other specialty services, as well as the | 19 | | explanation of telehealth services by the receiving hospital, | 20 | | with the distribution of funding to be established by rule. | 21 | | (p) For calendar year 2023, the final amounts, rates, and | 22 | | payments under subsections (c), (d-2), (g), (h), and (j) shall | 23 | | be established by the Department, so that the sum of the total | 24 | | estimated annual payments under subsections (c), (d-2), (g), | 25 | | (h), and (j) for each hospital class for calendar year 2023, is | 26 | | no less than: |
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| 1 | | (1) $858,260,000 to safety-net hospitals. | 2 | | (2) $86,200,000 to critical access hospitals. | 3 | | (3) $1,765,000,000 to high Medicaid hospitals. | 4 | | (4) $673,860,000 to general acute care hospitals. | 5 | | (5) $48,330,000 to long term acute care hospitals. | 6 | | (6) $89,110,000 to freestanding psychiatric hospitals. | 7 | | (7) $24,300,000 to freestanding rehabilitation | 8 | | hospitals. | 9 | | (8) $32,570,000 to public hospitals. | 10 | | (q) Prior to April 1, 2023, the Department shall disburse | 11 | | a pool of $460,000,000 in emergency stabilization payments to | 12 | | hospitals. The allocation of the pool shall be based on the | 13 | | hospital directed payment classes and directed payments | 14 | | issued, during calendar year 2022, with added consideration to | 15 | | safety-net hospitals and critical access hospitals, both as | 16 | | defined in paragraph (1) of subsection (f). | 17 | | (Source: P.A. 101-650, eff. 7-7-20; 102-4, eff. 4-27-21; | 18 | | 102-16, eff. 6-17-21; 102-886, eff. 5-17-22.) | 19 | | Section 10-50. The Illinois Human Rights Act is amended by | 20 | | changing Section 7-101 as follows:
| 21 | | (775 ILCS 5/7-101) (from Ch. 68, par. 7-101)
| 22 | | Sec. 7-101. Powers and Duties. In addition to other powers | 23 | | and duties
prescribed in this Act, the Department shall have | 24 | | the following powers:
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| 1 | | (A) Rules and Regulations. To adopt, promulgate, amend, | 2 | | and rescind rules
and regulations not inconsistent with the | 3 | | provisions of this Act pursuant
to the Illinois Administrative | 4 | | Procedure Act.
| 5 | | (B) Charges. To issue, receive, investigate, conciliate, | 6 | | settle, and dismiss
charges filed in conformity with this Act.
| 7 | | (C) Compulsory Process. To request subpoenas as it deems | 8 | | necessary for
its investigations.
| 9 | | (D) Complaints. To file complaints with the Commission in | 10 | | conformity
with this Act.
| 11 | | (E) Judicial Enforcement. To seek temporary relief and to | 12 | | enforce orders
of the Commission in conformity with this Act.
| 13 | | (F) Equal Employment Opportunities. To take such action as | 14 | | may be authorized
to provide for equal employment | 15 | | opportunities and affirmative action.
| 16 | | (G) Recruitment; Research; Public Communication; Advisory | 17 | | Councils. To
engage in such recruitment, research and public | 18 | | communication and create
such advisory councils as may be | 19 | | authorized to effectuate the purposes of
this Act.
| 20 | | (H) Coordination with other Agencies. To coordinate its
| 21 | | activities with federal, state, and local agencies in | 22 | | conformity with this Act.
| 23 | | (I) Public Grants; Private Gifts. | 24 | | (1) To accept public grants and private
gifts as may | 25 | | be authorized. | 26 | | (2) To design grant programs and award grants to |
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| 1 | | eligible recipients.
| 2 | | (J) Education and Training. To implement a formal and | 3 | | unbiased program
of education and training for all employees | 4 | | assigned to investigate and
conciliate charges under Articles | 5 | | 7A and 7B. The training program shall
include the following:
| 6 | | (1) substantive and procedural aspects of the | 7 | | investigation and
conciliation positions;
| 8 | | (2) current issues in human rights law and practice;
| 9 | | (3) lectures by specialists in substantive areas | 10 | | related to human
rights matters;
| 11 | | (4) orientation to each operational unit of the | 12 | | Department and Commission;
| 13 | | (5) observation of experienced Department | 14 | | investigators and attorneys
conducting conciliation | 15 | | conferences, combined with the opportunity to
discuss | 16 | | evidence presented and rulings made;
| 17 | | (6) the use of hypothetical cases requiring the | 18 | | Department investigator
and conciliation conference | 19 | | attorney to issue judgments as a means to
evaluating | 20 | | knowledge and writing ability;
| 21 | | (7) writing skills;
| 22 | | (8) computer skills, including but not limited to word | 23 | | processing and
document management.
| 24 | | A formal, unbiased and ongoing professional development | 25 | | program
including, but not limited to, the above-noted areas | 26 | | shall be implemented
to keep Department investigators and |
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| 1 | | attorneys informed of recent
developments and issues and to | 2 | | assist them in maintaining and enhancing
their professional | 3 | | competence.
| 4 | | (Source: P.A. 99-74, eff. 7-20-15.)
| 5 | | Article 95 | 6 | | Section 95-5. If and only if House Bill 4285 of the 102nd | 7 | | General Assembly becomes law as amended by Senate Amendment | 8 | | No. 2, the Illinois Procurement Code is amended by changing | 9 | | Section 20-20 as follows:
| 10 | | (30 ILCS 500/20-20)
| 11 | | (Text of Section before amendment by P.A. 102-721 )
| 12 | | Sec. 20-20. Small purchases.
| 13 | | (a) Amount. Any individual procurement of supplies or
| 14 | | services not exceeding $100,000 and any procurement of
| 15 | | construction not exceeding
$100,000, or any individual | 16 | | procurement of professional or artistic services not exceeding | 17 | | $100,000 may be made without competitive source selection.
| 18 | | Procurements shall not be artificially
divided so as to | 19 | | constitute a small purchase under this Section. Any | 20 | | procurement of construction not exceeding $100,000 may be made | 21 | | by an alternative competitive source selection. The | 22 | | construction agency shall establish rules for an alternative | 23 | | competitive source selection process. This Section does not |
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| 1 | | apply to construction-related professional services contracts | 2 | | awarded in accordance with the provisions of the | 3 | | Architectural, Engineering, and Land Surveying Qualifications | 4 | | Based Selection Act.
| 5 | | (b) Adjustment. Each July 1, the small purchase maximum
| 6 | | established in subsection (a)
shall be adjusted for inflation | 7 | | as determined by the Consumer
Price Index for All Urban | 8 | | Consumers as determined by the United States
Department of | 9 | | Labor and rounded to the nearest $100.
| 10 | | (c) Based upon rules proposed by the Board and rules | 11 | | promulgated by the
chief procurement officers, the small | 12 | | purchase maximum established in
subsection
(a) may be | 13 | | modified.
| 14 | | (Source: P.A. 100-43, eff. 8-9-17.)
| 15 | | (Text of Section after amendment by P.A. 102-721 )
| 16 | | Sec. 20-20. Small purchases.
| 17 | | (a) Amount. Any individual procurement of supplies or
| 18 | | services not exceeding $100,000 and any procurement of
| 19 | | construction not exceeding $100,000 $250,000 , or any | 20 | | individual procurement of professional or artistic services | 21 | | not exceeding $100,000 may be made without competitive source | 22 | | selection.
Procurements shall not be artificially
divided so | 23 | | as to constitute a small purchase under this Section. Any | 24 | | procurement of construction not exceeding $100,000 $250,000 | 25 | | may be made by an alternative competitive source selection. |
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| 1 | | The construction agency shall establish rules for an | 2 | | alternative competitive source selection process. This Section | 3 | | does not apply to construction-related professional services | 4 | | contracts awarded in accordance with the provisions of the | 5 | | Architectural, Engineering, and Land Surveying Qualifications | 6 | | Based Selection Act.
| 7 | | (b) Adjustment. Each July 1, the small purchase maximum
| 8 | | established in subsection (a)
shall be adjusted for inflation | 9 | | as determined by the Consumer
Price Index for All Urban | 10 | | Consumers as determined by the United States
Department of | 11 | | Labor and rounded to the nearest $100.
| 12 | | (c) Based upon rules proposed by the Board and rules | 13 | | promulgated by the
chief procurement officers, the small | 14 | | purchase maximum established in
subsection
(a) may be | 15 | | modified.
| 16 | | (d) Certification. All small purchases with an annual | 17 | | value that exceeds $50,000 shall be accompanied by Standard | 18 | | Illinois Certifications in a form prescribed by each Chief | 19 | | Procurement Officer. | 20 | | (Source: P.A. 102-721, eff. 1-1-23; 10200HB4285sam002.)
| 21 | | Article 99
| 22 | | Section 99-999. Effective date. This Act takes effect upon | 23 | | becoming law, except that Section 10-47 takes effect on July | 24 | | 1, 2024 and Section 95-5 takes effect upon becoming law or on |
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| 1 | | the date House Bill 4285 of the 102nd General Assembly takes | 2 | | effect, whichever is later.".
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