Public Act 102-0699
 
HB4700 EnrolledLRB102 24222 KTG 33451 b

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

 
    Section 1-1. Short Title. This Act may be cited as the
FY2023 Budget Implementation Act.
 
    Section 1-5. Purpose. It is the purpose of this Act to make
changes in State programs that are necessary to implement the
State budget for Fiscal Year 2023.
 
ARTICLE 3.

 
    Section 3-1. This Article may be referred to as the
Climate Jobs Institute Law. References in this Article to
"this Act" mean this Article.
 
    Section 3-5. Findings and intent. The General Assembly
finds that:
        (1) Public Act 102-662 places the State on a path
    toward 100% clean energy by 2050;
        (2) the transition to a carbon-free energy economy
    will have a significant economic, ecological, and
    sociological impact on the State's residents;
        (3) rigorous data collection and research are needed
    to help minimize job loss, maximize high-quality job
    creation and economic development, and facilitate just
    transitions, workforce development programs, and
    activities necessary to meet the increased labor demand in
    the State's clean-energy sector;
        (4) the State finds that an equitable transition to a
    clean-energy economy must be guided by applied research
    that provides detailed, nuanced information about the
    labor, employment, and broader social and economic impacts
    of decarbonizing the State's economy;
        (5) collecting and analyzing labor and employment data
    in the clean-energy sector is essential for creating a
    clean-energy economy that prioritizes local resources,
    improves resiliency, and promotes energy independence; and
        (6) the State has a strong interest in ensuring that
    State residents, especially those from environmental
    justice and historically underserved communities, have
    access to safe, well-paying, clean-energy jobs, supporting
    displaced energy workers in the transition to a
    clean-energy economy; and creating workforce development
    programs to meet the labor demand in the clean-energy
    industry.
    The General Assembly intends that, in order to promote
those interests in the State's growing clean-energy sector, a
Climate Jobs Institute should be created that will produce
high-quality data, research, and educational opportunities to
inform policymakers, industry partners, labor organizations,
and other relevant stakeholders in the development and
implementation of innovative and data-supported labor policies
for the emerging clean-energy economy.
 
    Section 3-10. The University of Illinois Act is amended by
adding Section 165 as follows:
 
    (110 ILCS 305/165 new)
    Sec. 165. Climate Jobs Institute.
    (a) Subject to appropriation and Section 7 of the Board of
Higher Education Act, the Board of Trustees shall establish
and operate a Climate Jobs Institute for the purpose of
producing high-quality, reliable, and accurate research on
labor, employment, and the broader social and economic impacts
of decarbonizing the State's economy. The Institute shall be
under the direction of the School of Labor and Employment
Relations at the University of Illinois at Urbana-Champaign.
The Dean of the School of Labor and Employment Relations shall
select the Executive Director of the Climate Jobs Institute.
The Executive Director shall submit a budget that includes a
staff plan to the Board of Trustees for approval. The
Executive Director shall consider suggestions from the Climate
Jobs Advisory Council in preparing the budget.
    (b) The Climate Jobs Advisory Council is created. The
Climate Jobs Advisory Council shall consist of stakeholders in
the clean-energy economy and be composed of the following
members:
        (1) Four members representing statewide labor
    organizations, appointed by the Governor.
        (2) Three members representing environmental advocacy
    organizations, appointed by the Governor.
        (3) Three members representing the renewable energy
    industry, appointed by the Governor.
        (4) Two members from University of Illinois School of
    Labor and Employment Relations faculty, appointed by the
    Chancellor in consultation with the Dean of the School of
    Labor and Employment Relations.
        (5) Two members appointed by the President of the
    Senate, who may or may not be elected officials.
        (6) Two members appointed by the Speaker of the House
    of Representatives, who may or may not be elected
    officials.
        (7) One member appointed by the Minority Leader of the
    Senate, who may or may not be an elected official.
        (8) One member appointed by the Minority Leader of the
    House of Representatives, who may or may not be an elected
    official.
        (9) One member of the Illinois Senate Latino Caucus,
    appointed by the President of the Senate.
        (10) One member of the Illinois Senate Black Caucus,
    appointed by the President of the Senate.
        (11) One member of the Illinois House Latino Caucus,
    appointed by the Speaker of the House of Representatives.
        (12) One member of the Illinois House Black Caucus,
    appointed by the Speaker of the House of Representatives.
    Members appointed to the Council shall serve 2-year terms
and may be reappointed. If a seat becomes vacant in the middle
of a term, the Governor shall appoint a replacement, who shall
serve for the remainder of that term. Members of the Council
shall serve without compensation.
    (c) The Climate Jobs Institute's Executive Director, with
input from the Climate Jobs Advisory Council, shall set the
priorities, work processes, and timeline for implementing the
Institute's work. The Climate Jobs Institute's Executive
Director shall serve as Chairperson of the Council, and the
Council shall meet at the call of the Executive Director.
    (d) The Climate Jobs Institute shall provide high-quality,
accurate information through research and education that
addresses key issues and questions to guide the State's
implementation and transition goals to a strong, equitable,
decarbonized economy. The Climate Jobs Institute may respond
to inquiries submitted by State lawmakers and State agencies.
    (e) The Climate Jobs Institute shall do all of the
following:
        (1) Evaluate how workforce opportunities in the
    clean-energy industry can provide just transitions for
    displaced energy workers in the State. This duty shall
    include, but is not limited to, identifying the industries
    and demographics that will be most impacted by the
    transition to a clean-energy economy, finding workforce
    transition opportunities available to workers based on
    level of skill and geographic location, identifying and
    eliminating barriers that may prevent workers from
    entering the clean-energy industry, and defining the
    nature and level of job support that is necessary for a
    successful employment transition to clean-energy jobs.
        (2) Identify opportunities to maximize job creation
    and workforce development in the State's clean-energy
    industry, being particularly mindful of job creation in
    historically underrepresented populations and
    environmental justice communities. This duty shall
    include, but is not limited to, identifying the types of
    workforce development training programs and activities
    that are needed to meet the workforce demand in the
    clean-energy industry, identifying the types of
    clean-energy activities that provide the greatest job
    creation and economic benefits to various regions in the
    State, and classifying the quantity and category of jobs
    needed to meet the State's clean-energy commitment.
        (3) Recommend policies that will create high-quality
    family and community-sustaining jobs in the clean-energy
    economy. This duty shall include, but is not limited to,
    identifying how wages, workforce development training, and
    labor standards improve the quality of clean-energy jobs,
    evaluating the economic impact of implementing high labor
    standards, and identifying effective labor-standard
    enforcement measures.
        (4) Develop strategies to address current and future
    supply chain vulnerabilities and challenges in the
    clean-energy manufacturing industry. This duty shall
    include, but is not limited to, identifying how the State
    can incentivize the development of a clean-energy
    manufacturing supply chain, including end-of-life
    recycling for renewable-energy-generation components,
    identifying the types of information and support that are
    needed to help businesses transition to providing products
    and services for the clean-energy economy, and assessing
    what forms of low-interest loans, grants, and technical
    assistance will best support business communities through
    this transition.
        (5) Identify how to expand access to high-quality
    clean-energy jobs for environmental justice communities
    and other frontline communities that have faced historical
    inequities. This duty shall include, but is not limited
    to, identifying best practices for building a pipeline for
    workers participating in on-the-job training programs to
    high quality careers in the clean-energy industry and
    identifying how the State can utilize clean-energy jobs
    hubs and United States Department of Labor registered
    apprenticeship programs to advance labor market equity.
        (6) Assess the types of support that local governments
    will need to help communities develop their own community
    energy, climate, and jobs plans. This duty shall include,
    but is not limited to, identifying the sociological,
    ecological, and economic impact on local communities
    resulting from the transition to a clean-energy economy
    and ascertaining the type of financial and technical
    support that local governments may need to navigate the
    transition to a decarbonized economy.
        (7) Evaluate initiatives, including the Public Schools
    Carbon-Free Assessment programs, to retrofit schools for
    energy efficiencies to create a safe, healthy,
    cost-effective school environment, while contributing to
    an environmentally sustainable State. This duty shall
    include, but is not limited to, identifying the type of
    research support that school districts may need to assess
    initiatives to decarbonize public schools, identifying
    best practices to prioritize assistance for school
    districts most impacted by climate change, and
    synthesizing the results of school energy audits to inform
    policy decision making.
    (f) The Climate Jobs Institute's research shall be
disseminated in ways that maximize the public dissemination of
the Institute's research and recommendations, including public
policy reports, academic articles, highly interactive
web-based platforms, and labor, community, legislative, and
media outreach and education programs.
    (g) The Climate Jobs Institute may coordinate with the
Department of Labor and the Department of Commerce and
Economic Opportunity to share data collected for, but not
limited to, the Bureau on Apprenticeship Programs and Clean
Energy Jobs and the Energy Community Reinvestment Report.
 
ARTICLE 4.

 
    Section 4-1. Short title. This Article may be cited as the
Broadband Infrastructure Advancement Act. References in this
Article to "this Act" mean this Article.
 
    Section 4-5. Findings. The General Assembly finds:
        (1) that on November 15, 2021, the Infrastructure
    Investment and Jobs Act was signed into law by President
    Biden, which provides for historic levels of investment in
    the nation's infrastructure;
        (2) that the United States government has made
    available $550,000,000,000 for new infrastructure
    investment for state and local governments through the
    Infrastructure Investment and Job Act;
        (3) that it is essential that this State not lose out
    on funding made available through the Infrastructure
    Investment and Jobs Infrastructure Investment and Jobs
    Act;
        (4) that investments in this State's bridges, roads,
    highways, rail system, high-speed internet, and
    electricity are essential to the public safety, economic
    viability, and equity of all citizens in every part of
    this State;
        (5) that an important component of infrastructure in
    the 21st century is access to affordable, reliable,
    high-speed internet;
        (6) that the persistent digital divide in this State
    is a barrier to the economic competitiveness in the
    economic distribution of essential public services,
    including health care and education; and
        (7) that the digital divide disproportionately affects
    communities of color, lower-income areas, and rural areas,
    and the benefits of broadband should be broadly enjoyed by
    all citizens of this State.
 
    Section 4-10. Intent. This Act is intended to be construed
in compliance and consistent with the Infrastructure
Investment and Jobs Act and all regulations, rules, guidance,
forms, instructions, and publications issued thereunder. In
any instance in which this Act conflicts with such
regulations, rules, guidance, forms, instructions, or
publications, the latter shall prevail.
 
    Section 4-15. Use of funds. Any plans, responses to
requests, letters of intent, application materials, or other
documents prepared describing the State's intended plan for
distributing broadband grants that must be submitted to the
federal government pursuant to Division F of the
Infrastructure Investment and Jobs Act and any associated
federal rule, regulation, or guidance in order to be eligible
to receive broadband grants pursuant to the Infrastructure
Investment and Jobs Act must be, to the extent practical,
submitted to the Legislative Budget Oversight Commission for
review and comment at least 30 days prior to submission to the
federal government. The Governor, or designated State entity
responsible for administering the grant programs pursuant to
Division F of the Infrastructure Investment and Jobs Act, must
consider comments and suggestions provided by the members of
the Legislative Budget Oversight Commission and members of the
public.
 
    Section 4-20. Use of other broadband funds. The Department
of Commerce and Economic Opportunity, the Office of Broadband,
or any other State agency, board, office, or commission
appropriated funding to provide grants for broadband
deployment, broadband expansion, broadband access, broadband
affordability, and broadband improvement projects must
establish program eligibility and selection criteria by
administrative rules.
 
    Section 4-25. The General Assembly Operations Act is
amended by changing Section 20 as follows:
 
    (25 ILCS 10/20)
    (Section scheduled to be repealed on July 1, 2022)
    Sec. 20. Legislative Budget Oversight Commission.
    (a) The General Assembly hereby finds and declares that
the State is confronted with an unprecedented fiscal crisis.
In light of this crisis, and the challenges it presents for the
budgeting process, the General Assembly hereby establishes the
Legislative Budget Oversight Commission. The purpose of the
Commission is: to monitor budget management actions taken by
the Office of the Governor or Governor's Office of Management
and Budget; and to oversee the distribution and expenditure of
federal financial relief for State and local governments
related to the COVID-19 pandemic; and to advise and review
planned expenditures of State and federal grants for broadband
projects.
    (b) At the request of the Commission, units of local
governments and State agency directors or their respective
designees shall report to the Commission on the status and
distribution of federal CARES money and any other federal
financial relief related to the COVID-19 pandemic.
    (c) In anticipation of constantly changing and
unpredictable economic circumstances, the Commission will
provide a means for the Governor's Office and the General
Assembly to maintain open communication about necessary budget
management actions during these unprecedented times. Beginning
August 15, 2020, the Governor's Office of Management and
Budget shall submit a monthly written report to the Commission
reporting any budget management actions taken by the Office of
the Governor, Governor's Office of Management and Budget, or
any State agency. At the call of one of the co-chairs On a
quarterly basis, the Governor or his or her designee shall
give a report to the Commission and each member thereof. The
report shall be given either in person or by telephonic or
videoconferencing means. The report shall include:
        (1) any budget management actions taken by the Office
    of the Governor, Governor's Office of Management and
    Budget, or any agency or board under the Office of the
    Governor in the prior quarter;
        (2) year-to-date general funds revenues as compared to
    anticipated revenues;
        (3) year-to-date general funds expenditures as
    compared to the Fiscal Year 2021 budget as enacted;
        (4) a list, by program, of the number of grants
    awarded, the aggregate amount of such grant awards, and
    the aggregate amount of awards actually paid with respect
    to all grants awarded from federal funds from the
    Coronavirus Relief Fund in accordance with Section 5001 of
    the federal Coronavirus Aid, Relief, and Economic Security
    (CARES) Act or from the Coronavirus State Fiscal Recovery
    Fund in accordance with Section 9901 of the federal
    American Rescue Plan Act of 2021, which shall identify the
    number of grants awarded, the aggregate amount of such
    grant awards, and the aggregate amount of such awards
    actually paid to grantees located in or serving a
    disproportionately impacted area, as defined in the
    program from which the grant is awarded; and
        (5) any additional items reasonably requested by the
    Commission.
    (c-5) Any plans, responses to requests, letters of intent,
application materials, or other documents prepared on behalf
of the State describing the State's intended plan for
distributing grants pursuant to Division F of the
Infrastructure Investment and Jobs Act must be, to the extent
practical, provided to the Legislative Budget Oversight
Commission for review at least 30 days prior to submission to
the appropriate federal entity. If plans, responses to
requests, letters of intent, application materials, or other
documents prepared on behalf of the State describing the
State's plan or goals for distributing grants pursuant to
Division F of the Infrastructure Investment and Jobs Act
cannot practically be given the Legislative Budget Oversight
Commission 30 days prior to submission to the appropriate
federal entity, the materials shall be provided to the
Legislative Budget Oversight Commission with as much time for
review as practical. All documents provided to the Commission
shall be made available to the public on the General
Assembly's website. However, the following information shall
be redacted from any documents made available to the public:
(i) information specifically prohibited from disclosure by
federal or State law or federal or State rules and
regulations; (ii) trade secrets; (iii) security sensitive
information; and (iv) proprietary, privileged, or confidential
commercial or financial information from a privately held
person or business which, if disclosed, would cause
competitive harm. Members of the public and interested parties
may submit written comments to the Commission for
consideration. Prior to the State's submission to the
appropriate federal entity pursuant to this subsection, the
Commission shall conduct at least one public hearing during
which members of the public and other interested parties may
file written comments with and offer testimony before the
Commission. After completing its review and consideration of
any such testimony offered and written public comments
received, the Commission shall submit its written comments and
suggestions to the Governor or designated State entity
responsible for administering the grant programs under
Division F of the Infrastructure Investment and Jobs Act on
behalf of the State. The Governor, or designated State entity
responsible for administering the grant programs pursuant to
Division F of the Infrastructure Investment and Jobs Act, must
consider comments and suggestions provided by the members of
the Legislative Budget Oversight Commission and members of the
public.
    (c-10) At the request of the Commission, the Governor or
the designated State entity responsible for administering
programs under Division F of the Infrastructure Investment and
Jobs Act on behalf of the State must report on the grants
issued by the State pursuant to the programs under Division F
of the Infrastructure Investment and Jobs Act.
    (d) The Legislative Budget Oversight Commission shall
consist of the following members:
        (1) 7 members of the House of Representatives
    appointed by the Speaker of the House of Representatives;
        (2) 7 members of the Senate appointed by the Senate
    President;
        (3) 4 members of the House of Representatives
    appointed by the Minority Leader of the House of
    Representatives; and
        (4) 4 members of the Senate appointed by the Senate
    Minority Leader.
    (e) The Speaker of the House of Representatives and the
Senate President shall each appoint one member of the
Commission to serve as a co-chair. The members of the
Commission shall serve without compensation.
    (f) As used in this Section:
    "Budget management action" means any transfer between
appropriation lines exceeding 2%, fund transfer directed by
the Governor or the Governor's Office of Management and
Budget, designation of appropriation lines as reserve, or any
other discretionary action taken with regard to the Fiscal
Year 2021 budget as enacted;
    "State agency" means all officers, boards, commissions,
departments, and agencies created by the Constitution, by law,
by Executive Order, or by order of the Governor in the
Executive Branch, other than the Offices of the Attorney
General, Secretary of State, Comptroller, or Treasurer.
    (g) This Section is repealed July 1, 2023 2022.
(Source: P.A. 101-636, eff. 6-10-20; 102-16, eff. 6-17-21.)
 
ARTICLE 5.

 
    Section 5-3. The Illinois Constitutional Amendment Act is
amended by changing Section 2 as follows:
 
    (5 ILCS 20/2)  (from Ch. 1, par. 103)
    Sec. 2.
    (a) The General Assembly in submitting an amendment to the
Constitution to the electors, or the proponents of an
amendment to Article IV of the Constitution submitted by
petition, shall prepare a brief explanation of such amendment,
a brief argument in favor of the same, and the form in which
such amendment will appear on the separate ballot as provided
by Section 16-6 of the Election Code, as amended. The minority
of the General Assembly, or if there is no minority, anyone
designated by the General Assembly shall prepare a brief
argument against such amendment. The explanation, the
arguments for and against each constitutional amendment, and
the form in which the amendment will appear on the separate
ballot shall be approved by a joint resolution of the General
Assembly and filed in the office of the Secretary of State with
the proposed amendment.
    (b) In the case of an amendment to Article IV of the
Constitution initiated pursuant to Section 3 of Article XIV of
the Constitution, the proponents shall be those persons so
designated at the time of the filing of the petition as
provided in Section 10-8 of the Election Code, and the
opponents shall be those members of the General Assembly
opposing such amendment, or if there are none, anyone
designated by the General Assembly and such opponents shall
prepare a brief argument against such amendment. The
proponent's explanation and argument in favor of and the
opponents argument against an amendment to Article IV
initiated by petition must be submitted to the Attorney
General, who may rewrite them for accuracy and fairness. The
explanation, the arguments for and against each constitutional
amendment, and the form in which the amendment will appear on
the separate ballot shall be filed in the office of the
Secretary of State with the proposed amendment.
    (c) At least 2 months one month before the next election of
members of the General Assembly, following the passage of the
proposed amendment, the Secretary of State shall publish the
amendment, in full in 8 point type, or the equivalent thereto,
in at least one secular newspaper of general circulation in
every county in this State in which a newspaper is published.
In counties in which 2 or more newspapers are published, the
Secretary of State shall cause such amendment to be published
in 2 newspapers. In counties having a population of 500,000 or
more, such amendment shall be published in not less than 6
newspapers of general circulation. After the first
publication, the publication of such amendment shall be
repeated once each week for 2 consecutive weeks. In selecting
newspapers in which to publish such amendment the Secretary of
State shall have regard solely to the circulation of such
newspapers, selecting secular newspapers in every case having
the largest circulation. The proposed amendment shall have a
notice prefixed thereto in said publications, that at such
election the proposed amendment will be submitted to the
electors for adoption or rejection, and at the end of the
official publication, he shall also publish the form in which
the proposed amendment will appear on the separate ballot. The
Secretary of State shall fix the publication fees to be paid
newspapers for making such publication, but in no case shall
such publication fee exceed the amount charged by such
newspapers to private individuals for a like publication.
    (d) In addition to the notice hereby required to be
published, the Secretary of State shall also cause the
existing form of the constitutional provision proposed to be
amended, the proposed amendment, the explanation of the same,
the arguments for and against the same, and the form in which
such amendment will appear on the separate ballot, to be
published in pamphlet form in 8 point type or the equivalent
thereto in English, in additional languages as required by
Section 203 of Title III of the federal Voting Rights Act of
1965, and in braille. The Secretary of State shall publish the
pamphlet on the Secretary's website in a downloadable,
printable format and maintain a reasonable supply of printed
pamphlets to be available upon request. The Secretary of State
shall publish an audio version of the pamphlet, which shall be
available for playback on the Secretary's website and made
available to any individual or entity upon request. ; and
    (e) Except as provided in subsection (f), the Secretary of
State shall mail such pamphlet to every mailing address in the
State, addressed to the attention of the Postal Patron. He
shall also maintain a reasonable supply of such pamphlets so
as to make them available to any person requesting one.
    (f) For any proposed constitutional amendment appearing on
the ballot for the general election on November 8, 2022, the
Secretary of State, in lieu of the requirement in subsection
(e) of this Act, shall mail a postcard to every mailing address
in the State advising that a proposed constitutional amendment
will be considered at the general election. The postcard shall
include a URL to the Secretary of State's website that
contains the information required in subsection (d).
(Source: P.A. 98-463, eff. 8-16-13.)
 
    Section 5-5. The Substance Use Disorder Act is amended by
changing Section 5-10 as follows:
 
    (20 ILCS 301/5-10)
    Sec. 5-10. Functions of the Department.
    (a) In addition to the powers, duties and functions vested
in the Department by this Act, or by other laws of this State,
the Department shall carry out the following activities:
        (1) Design, coordinate and fund comprehensive
    community-based and culturally and gender-appropriate
    services throughout the State. These services must include
    prevention, early intervention, treatment, and other
    recovery support services for substance use disorders that
    are accessible and addresses the needs of at-risk
    individuals and their families.
        (2) Act as the exclusive State agency to accept,
    receive and expend, pursuant to appropriation, any public
    or private monies, grants or services, including those
    received from the federal government or from other State
    agencies, for the purpose of providing prevention, early
    intervention, treatment, and other recovery support
    services for substance use disorders.
        (2.5) In partnership with the Department of Healthcare
    and Family Services, act as one of the principal State
    agencies for the sole purpose of calculating the
    maintenance of effort requirement under Section 1930 of
    Title XIX, Part B, Subpart II of the Public Health Service
    Act (42 U.S.C. 300x-30) and the Interim Final Rule (45 CFR
    96.134).
        (3) Coordinate a statewide strategy for the
    prevention, early intervention, treatment, and recovery
    support of substance use disorders. This strategy shall
    include the development of a comprehensive plan, submitted
    annually with the application for federal substance use
    disorder block grant funding, for the provision of an
    array of such services. The plan shall be based on local
    community-based needs and upon data including, but not
    limited to, that which defines the prevalence of and costs
    associated with substance use disorders. This
    comprehensive plan shall include identification of
    problems, needs, priorities, services and other pertinent
    information, including the needs of minorities and other
    specific priority populations in the State, and shall
    describe how the identified problems and needs will be
    addressed. For purposes of this paragraph, the term
    "minorities and other specific priority populations" may
    include, but shall not be limited to, groups such as
    women, children, intravenous drug users, persons with AIDS
    or who are HIV infected, veterans, African-Americans,
    Puerto Ricans, Hispanics, Asian Americans, the elderly,
    persons in the criminal justice system, persons who are
    clients of services provided by other State agencies,
    persons with disabilities and such other specific
    populations as the Department may from time to time
    identify. In developing the plan, the Department shall
    seek input from providers, parent groups, associations and
    interested citizens.
        The plan developed under this Section shall include an
    explanation of the rationale to be used in ensuring that
    funding shall be based upon local community needs,
    including, but not limited to, the incidence and
    prevalence of, and costs associated with, substance use
    disorders, as well as upon demonstrated program
    performance.
        The plan developed under this Section shall also
    contain a report detailing the activities of and progress
    made through services for the care and treatment of
    substance use disorders among pregnant women and mothers
    and their children established under subsection (j) of
    Section 35-5.
        As applicable, the plan developed under this Section
    shall also include information about funding by other
    State agencies for prevention, early intervention,
    treatment, and other recovery support services.
        (4) Lead, foster and develop cooperation, coordination
    and agreements among federal and State governmental
    agencies and local providers that provide assistance,
    services, funding or other functions, peripheral or
    direct, in the prevention, early intervention, treatment,
    and recovery support for substance use disorders. This
    shall include, but shall not be limited to, the following:
            (A) Cooperate with and assist other State
        agencies, as applicable, in establishing and
        conducting substance use disorder services among the
        populations they respectively serve.
            (B) Cooperate with and assist the Illinois
        Department of Public Health in the establishment,
        funding and support of programs and services for the
        promotion of maternal and child health and the
        prevention and treatment of infectious diseases,
        including but not limited to HIV infection, especially
        with respect to those persons who are high risk due to
        intravenous injection of illegal drugs, or who may
        have been sexual partners of these individuals, or who
        may have impaired immune systems as a result of a
        substance use disorder.
            (C) Supply to the Department of Public Health and
        prenatal care providers a list of all providers who
        are licensed to provide substance use disorder
        treatment for pregnant women in this State.
            (D) Assist in the placement of child abuse or
        neglect perpetrators (identified by the Illinois
        Department of Children and Family Services (DCFS)) who
        have been determined to be in need of substance use
        disorder treatment pursuant to Section 8.2 of the
        Abused and Neglected Child Reporting Act.
            (E) Cooperate with and assist DCFS in carrying out
        its mandates to:
                (i) identify substance use disorders among its
            clients and their families; and
                (ii) develop services to deal with such
            disorders.
        These services may include, but shall not be limited
        to, programs to prevent or treat substance use
        disorders with DCFS clients and their families,
        identifying child care needs within such treatment,
        and assistance with other issues as required.
            (F) Cooperate with and assist the Illinois
        Criminal Justice Information Authority with respect to
        statistical and other information concerning the
        incidence and prevalence of substance use disorders.
            (G) Cooperate with and assist the State
        Superintendent of Education, boards of education,
        schools, police departments, the Illinois State
        Police, courts and other public and private agencies
        and individuals in establishing prevention programs
        statewide and preparing curriculum materials for use
        at all levels of education.
            (H) Cooperate with and assist the Illinois
        Department of Healthcare and Family Services in the
        development and provision of services offered to
        recipients of public assistance for the treatment and
        prevention of substance use disorders.
            (I) (Blank).
        (5) From monies appropriated to the Department from
    the Drunk and Drugged Driving Prevention Fund, reimburse
    DUI evaluation and risk education programs licensed by the
    Department for providing indigent persons with free or
    reduced-cost evaluation and risk education services
    relating to a charge of driving under the influence of
    alcohol or other drugs.
        (6) Promulgate regulations to identify and disseminate
    best practice guidelines that can be utilized by publicly
    and privately funded programs as well as for levels of
    payment to government funded programs that provide
    prevention, early intervention, treatment, and other
    recovery support services for substance use disorders and
    those services referenced in Sections 15-10 and 40-5.
        (7) In consultation with providers and related trade
    associations, specify a uniform methodology for use by
    funded providers and the Department for billing and
    collection and dissemination of statistical information
    regarding services related to substance use disorders.
        (8) Receive data and assistance from federal, State
    and local governmental agencies, and obtain copies of
    identification and arrest data from all federal, State and
    local law enforcement agencies for use in carrying out the
    purposes and functions of the Department.
        (9) Designate and license providers to conduct
    screening, assessment, referral and tracking of clients
    identified by the criminal justice system as having
    indications of substance use disorders and being eligible
    to make an election for treatment under Section 40-5 of
    this Act, and assist in the placement of individuals who
    are under court order to participate in treatment.
        (10) Identify and disseminate evidence-based best
    practice guidelines as maintained in administrative rule
    that can be utilized to determine a substance use disorder
    diagnosis.
        (11) (Blank).
        (12) Make grants with funds appropriated from the Drug
    Treatment Fund in accordance with Section 7 of the
    Controlled Substance and Cannabis Nuisance Act, or in
    accordance with Section 80 of the Methamphetamine Control
    and Community Protection Act, or in accordance with
    subsections (h) and (i) of Section 411.2 of the Illinois
    Controlled Substances Act, or in accordance with Section
    6z-107 of the State Finance Act.
        (13) Encourage all health and disability insurance
    programs to include substance use disorder treatment as a
    covered service and to use evidence-based best practice
    criteria as maintained in administrative rule and as
    required in Public Act 99-0480 in determining the
    necessity for such services and continued stay.
        (14) Award grants and enter into fixed-rate and
    fee-for-service arrangements with any other department,
    authority or commission of this State, or any other state
    or the federal government or with any public or private
    agency, including the disbursement of funds and furnishing
    of staff, to effectuate the purposes of this Act.
        (15) Conduct a public information campaign to inform
    the State's Hispanic residents regarding the prevention
    and treatment of substance use disorders.
    (b) In addition to the powers, duties and functions vested
in it by this Act, or by other laws of this State, the
Department may undertake, but shall not be limited to, the
following activities:
        (1) Require all organizations licensed or funded by
    the Department to include an education component to inform
    participants regarding the causes and means of
    transmission and methods of reducing the risk of acquiring
    or transmitting HIV infection and other infectious
    diseases, and to include funding for such education
    component in its support of the program.
        (2) Review all State agency applications for federal
    funds that include provisions relating to the prevention,
    early intervention and treatment of substance use
    disorders in order to ensure consistency.
        (3) Prepare, publish, evaluate, disseminate and serve
    as a central repository for educational materials dealing
    with the nature and effects of substance use disorders.
    Such materials may deal with the educational needs of the
    citizens of Illinois, and may include at least pamphlets
    that describe the causes and effects of fetal alcohol
    spectrum disorders.
        (4) Develop and coordinate, with regional and local
    agencies, education and training programs for persons
    engaged in providing services for persons with substance
    use disorders, which programs may include specific HIV
    education and training for program personnel.
        (5) Cooperate with and assist in the development of
    education, prevention, early intervention, and treatment
    programs for employees of State and local governments and
    businesses in the State.
        (6) Utilize the support and assistance of interested
    persons in the community, including recovering persons, to
    assist individuals and communities in understanding the
    dynamics of substance use disorders, and to encourage
    individuals with substance use disorders to voluntarily
    undergo treatment.
        (7) Promote, conduct, assist or sponsor basic
    clinical, epidemiological and statistical research into
    substance use disorders and research into the prevention
    of those problems either solely or in conjunction with any
    public or private agency.
        (8) Cooperate with public and private agencies,
    organizations and individuals in the development of
    programs, and to provide technical assistance and
    consultation services for this purpose.
        (9) (Blank).
        (10) (Blank).
        (11) Fund, promote, or assist entities dealing with
    substance use disorders.
        (12) With monies appropriated from the Group Home Loan
    Revolving Fund, make loans, directly or through
    subcontract, to assist in underwriting the costs of
    housing in which individuals recovering from substance use
    disorders may reside, pursuant to Section 50-40 of this
    Act.
        (13) Promulgate such regulations as may be necessary
    to carry out the purposes and enforce the provisions of
    this Act.
        (14) Provide funding to help parents be effective in
    preventing substance use disorders by building an
    awareness of the family's role in preventing substance use
    disorders through adjusting expectations, developing new
    skills, and setting positive family goals. The programs
    shall include, but not be limited to, the following
    subjects: healthy family communication; establishing rules
    and limits; how to reduce family conflict; how to build
    self-esteem, competency, and responsibility in children;
    how to improve motivation and achievement; effective
    discipline; problem solving techniques; and how to talk
    about drugs and alcohol. The programs shall be open to all
    parents.
    (c) There is created within the Department of Human
Services an Office of Opioid Settlement Administration. The
Office shall be responsible for implementing and administering
approved abatement programs as described in Exhibit B of the
Illinois Opioid Allocation Agreement, effective December 30,
2021. The Office may also implement and administer other
opioid-related programs, including but not limited to
prevention, treatment, and recovery services from other funds
made available to the Department of Human Services. The
Secretary of Human Services shall appoint or assign staff as
necessary to carry out the duties and functions of the Office.
(Source: P.A. 101-10, eff. 6-5-19; 102-538, eff. 8-20-21.)
 
    Section 5-10. The Department of Central Management
Services Law of the Civil Administrative Code of Illinois is
amended by changing Section 405-280 as follows:
 
    (20 ILCS 405/405-280)  (was 20 ILCS 405/67.15)
    Sec. 405-280. State garages; charging stations; passenger
cars.
    (a) To supervise and administer all State garages used for
the repair, maintenance, or servicing of State-owned motor
vehicles except those operated by any State college or
university or by the Illinois Mathematics and Science Academy;
to supervise and administer the design, purchase,
installation, operation, and maintenance of electric vehicle
charging infrastructure and associated improvements on any
property that is owned or controlled by the State; and to
acquire, maintain, and administer the operation of the
passenger cars reasonably necessary to the operations of the
executive department of the State government. To this end, the
Department shall adopt regulations setting forth guidelines
for the acquisition, use, maintenance, and replacement of
motor vehicles, including the use of ethanol blended gasoline
whenever feasible, used by the executive department of State
government; shall occupy the space and take possession of the
personnel, facilities, equipment, tools, and vehicles that are
in the possession or under the administration of the former
Department of Administrative Services for these purposes on
July 13, 1982 (the effective date of Public Act 82-789); and
shall, from time to time, acquire any further, additional, and
replacement facilities, space, tools, and vehicles that are
reasonably necessary for the purposes described in this
Section.
    (a-5) Notwithstanding any State policy or rule to the
contrary, any State-owned motor vehicle requiring maintenance
in the form of an oil change shall have such maintenance
performed according to the applicable Department policy which
considers the manufacturer's suggested oil change frequency
for that vehicle's particular make, model, and year. The
Department shall evaluate the original equipment
manufacturer's oil change interval recommendations and other
related impacts periodically and consider policy adjustments
as is cost and operationally efficient for the State.
    (b) The Department shall evaluate the availability and
cost of GPS systems that State agencies may be able to use to
track State-owned motor vehicles.
    (c) The Department shall distribute a spreadsheet or
otherwise make data entry available to each State agency to
facilitate the collection of data for publishing on the
Department's Internet website. Each State agency shall
cooperate with the Department in furnishing the data necessary
for the implementation of this subsection within the timeframe
specified by the Department. Each State agency shall be
responsible for the validity and accuracy of the data
provided. Beginning on July 1, 2013, the Department shall make
available to the public on its Internet website the following
information:
        (1) vehicle cost data, organized by individual vehicle
    and by State agency, and including repair, maintenance,
    fuel, insurance, and other costs, as well as whether
    required vehicle inspections have been performed; and
        (2) an annual vehicle breakeven analysis, organized by
    individual vehicle and by State agency, comparing the
    number of miles a vehicle has been driven with the total
    cost of maintaining the vehicle.
    (d) Beginning on January 1, 2013 (the effective date of
Public Act 97-922) this amendatory Act of the 97th General
Assembly, and notwithstanding any provision of law to the
contrary, the Department may not make any new motor vehicle
purchases until the Department sets forth procedures to
condition the purchase of new motor vehicles on (i) a
determination of need based on a breakeven analysis, and (ii)
a determination that no other available means, including car
sharing or rental agreements, would be more cost-effective to
the State. However, the Department may purchase motor vehicles
not meeting or exceeding a breakeven analysis only if there is
no alternative available to carry out agency work functions
and the purchase is approved by the Manager of the Division of
Vehicles upon the receipt of a written explanation from the
agency head of the operational needs justifying the purchase.
(Source: P.A. 100-651, eff. 1-1-19.)
 
    Section 5-12. The Children and Family Services Act is
amended by adding Section 35.11 as follows:
 
    (20 ILCS 505/35.11 new)
    Sec. 35.11. Rate study. By November 1, 2022, the
Department of Children and Family Services shall issue a
request for proposal for a rate consultant to study and
develop potential new rates and rate methodologies using
objective, publicly available data sources, standard
administrative cost reporting, and provider-reported costs in
order to determine the resources necessary to create and
maintain a robust continuum of care in Illinois to meet the
needs of all youth in the Department's care, including, but
not limited to, therapeutic residential placements,
evidence-based alternatives to residential care including
therapeutic foster care, specialized foster care, community
supports for youth in care who are returned home to parents or
guardians, and emergency foster care and emergency shelter
care.
 
    Section 5-15. The Department of Commerce and Economic
Opportunity Law of the Civil Administrative Code of Illinois
is amended by changing Sections 605-55 and 605-705 and by
adding Sections 605-1095 and 605-1100 as follows:
 
    (20 ILCS 605/605-55)  (was 20 ILCS 605/46.21)
    Sec. 605-55. Contracts and other acts to accomplish
Department's duties. To make and enter into contracts,
including but not limited to making grants and loans to units
of local government, private agencies as defined in the
Illinois State Auditing Act, non-profit corporations,
educational institutions, and for-profit businesses as
authorized pursuant to appropriations by the General Assembly
from the Build Illinois Bond Fund, the Fund for Illinois'
Future, the Capital Development Fund, and the General Revenue
Fund, and, for Fiscal Year 2023 only, the Chicago Travel
Industry Promotion Fund, and generally to do all things that,
in its judgment, may be necessary, proper, and expedient in
accomplishing its duties.
(Source: P.A. 94-91, eff. 7-1-05.)
 
    (20 ILCS 605/605-705)  (was 20 ILCS 605/46.6a)
    Sec. 605-705. Grants to local tourism and convention
bureaus.
    (a) To establish a grant program for local tourism and
convention bureaus. The Department will develop and implement
a program for the use of funds, as authorized under this Act,
by local tourism and convention bureaus. For the purposes of
this Act, bureaus eligible to receive funds are those local
tourism and convention bureaus that are (i) either units of
local government or incorporated as not-for-profit
organizations; (ii) in legal existence for a minimum of 2
years before July 1, 2001; (iii) operating with a paid,
full-time staff whose sole purpose is to promote tourism in
the designated service area; and (iv) affiliated with one or
more municipalities or counties that support the bureau with
local hotel-motel taxes. After July 1, 2001, bureaus
requesting certification in order to receive funds for the
first time must be local tourism and convention bureaus that
are (i) either units of local government or incorporated as
not-for-profit organizations; (ii) in legal existence for a
minimum of 2 years before the request for certification; (iii)
operating with a paid, full-time staff whose sole purpose is
to promote tourism in the designated service area; and (iv)
affiliated with multiple municipalities or counties that
support the bureau with local hotel-motel taxes. Each bureau
receiving funds under this Act will be certified by the
Department as the designated recipient to serve an area of the
State. Notwithstanding the criteria set forth in this
subsection (a), or any rule adopted under this subsection (a),
the Director of the Department may provide for the award of
grant funds to one or more entities if in the Department's
judgment that action is necessary in order to prevent a loss of
funding critical to promoting tourism in a designated
geographic area of the State.
    (b) To distribute grants to local tourism and convention
bureaus from appropriations made from the Local Tourism Fund
for that purpose. Of the amounts appropriated annually to the
Department for expenditure under this Section prior to July 1,
2011, one-third of those monies shall be used for grants to
convention and tourism bureaus in cities with a population
greater than 500,000. The remaining two-thirds of the annual
appropriation prior to July 1, 2011 shall be used for grants to
convention and tourism bureaus in the remainder of the State,
in accordance with a formula based upon the population served.
Of the amounts appropriated annually to the Department for
expenditure under this Section beginning July 1, 2011, 18% of
such moneys shall be used for grants to convention and tourism
bureaus in cities with a population greater than 500,000. Of
the amounts appropriated annually to the Department for
expenditure under this Section beginning July 1, 2011, 82% of
such moneys shall be used for grants to convention bureaus in
the remainder of the State, in accordance with a formula based
upon the population served. The Department may reserve up to
3% of total local tourism funds available for costs of
administering the program to conduct audits of grants, to
provide incentive funds to those bureaus that will conduct
promotional activities designed to further the Department's
statewide advertising campaign, to fund special statewide
promotional activities, and to fund promotional activities
that support an increased use of the State's parks or historic
sites. The Department shall require that any convention and
tourism bureau receiving a grant under this Section that
requires matching funds shall provide matching funds equal to
no less than 50% of the grant amount except that in Fiscal
Years 2021 through 2023 and 2022 only, the Department shall
require that any convention and tourism bureau receiving a
grant under this Section that requires matching funds shall
provide matching funds equal to no less than 25% of the grant
amount. During fiscal year 2013, the Department shall reserve
$2,000,000 of the available local tourism funds for
appropriation to the Historic Preservation Agency for the
operation of the Abraham Lincoln Presidential Library and
Museum and State historic sites.
    To provide for the expeditious and timely implementation
of the changes made by Public Act 101-636 this amendatory Act
of the 101st General Assembly, emergency rules to implement
the changes made by Public Act 101-636 this amendatory Act of
the 101st General Assembly may be adopted by the Department
subject to the provisions of Section 5-45 of the Illinois
Administrative Procedure Act.
(Source: P.A. 101-636, eff. 6-10-20; 102-16, eff. 6-17-21.)
 
    (20 ILCS 605/605-1095 new)
    Sec. 605-1095. Hotel Jobs Recovery Grant Program.
    (a) In 2019, the hotel industry in the State of Illinois
directly employed more than 60,000 people and generated
$4,000,000,000 in State and local taxes. During the first year
of the COVID-19 pandemic, one in three hotel workers were laid
off or furloughed, and hotels lost $3,600,000,000 in economic
activity. Unlike other segments of the hospitality industry,
the hotel industry has not received any direct hotel-specific
support from the federal government. Funds awarded under this
Section will be used by hotels to support their workforce and
recover from the COVID-19 pandemic.
    (b) As used in this Section:
    "Hotel" means any building or buildings in which the
public may, for a consideration, obtain living quarters,
sleeping or housekeeping accommodations. The term includes,
but is not limited to, inns, motels, tourist homes or courts,
lodging houses, rooming houses, retreat centers, conference
centers, and hunting lodges. "Hotel" does not include a
short-term rental.
    "Short-term rental" means a single-family dwelling, or a
residential dwelling unit in a multi-unit structure,
condominium, cooperative, timeshare, or similar joint property
ownership arrangement, that is rented for a fee for less than
30 consecutive days. "Short-term rental" includes a vacation
rental.
    "Operator" and "room" have the meanings given to those
terms in the Hotel Operators' Occupation Tax Act.
    (c) The Department may receive State funds and, directly
or indirectly, federal funds under the authority of
legislation passed in response to the Coronavirus epidemic
including, but not limited to, the American Rescue Plan Act of
2021, (Public Law 117-2) ("ARPA"); such funds shall be used in
accordance with the ARPA legislation and other State and
federal law. Upon receipt or availability of such State or
federal funds, and subject to appropriations for their use,
the Department shall establish the Hotel Jobs Recovery Grant
Program for the purpose of providing direct relief to hotels
impacted by the COVID-19 pandemic. Based on an application
filed by the hotel operator, the Department shall award a
one-time grant in an amount of up to $1,500 for each room in
the hotel. Every hotel in operation in the state prior to March
12, 2020 that remains in operation shall be eligible to apply
for the grant. Grant awards shall be scaled based on a process
determined by the Department, including reducing the grant
amount by previous state and local relief provided to the
business during the COVID-19 pandemic.
    (d) Any operator who receives grant funds under this
Section shall use a minimum of 80% of the funds on payroll
costs, to the extent permitted by Section 9901 of ARPA,
including, but not limited to, wages, benefits, and employer
contributions to employee healthcare costs. The remaining
funds shall be used on any other costs and losses permitted by
ARPA.
    (e) Within 12 months after receiving grant funds under
this Section, the operator shall submit a written attestation
to the Department acknowledging compliance with subsection
(d).
    (f) The Department may establish by rule administrative
procedures for the grant program, including any application
procedures, grant agreements, certifications, payment
methodologies, and other accountability measures that may be
imposed upon participants in the program. The emergency
rulemaking process may be used to promulgate the initial rules
of the program following the effective date of this amendatory
Act of the 102nd General Assembly.
    (g) The Department has the power to issue grants and enter
into agreements with eligible hotels to carry out the purposes
of this program.
    (h) This Section is repealed on December 31, 2024.
 
    (20 ILCS 605/605-1100 new)
    Sec. 605-1100. Restaurant Employment and Stabilization
Grant Program.
    (a) As used in this Section, "eligible entity" means a
restaurant or tavern that meets all of the following criteria:
        (1) the restaurant or tavern is located in the State
    of Illinois;
        (2) the restaurant or tavern is eligible to receive
    federal grant funds under Section 5003 of the American
    Rescue Plan Act of 2021 ("ARPA");
        (3) the restaurant or tavern employs 50 or fewer
    employees;
        (4) the restaurant or tavern was in operation as of
    March 12, 2020 and remains in operation; and
        (5) the restaurant or tavern has not received
    financial assistance pursuant to the federal Restaurant
    Revitalization Grant Program; the State Back to Business
    Grant Program or the Business Interruption Grant program;
    or any other local or State program providing more than
    $10,000 in grants or forgiven loans since April 1, 2020.
    (b) The Department may receive State funds and, directly
or indirectly, federal funds under the authority of
legislation passed in response to the Coronavirus epidemic
including, but not limited to, ARPA; such funds shall be used
in accordance with the ARPA legislation and other State and
federal law. Upon receipt or availability of such State or
federal funds, and subject to appropriations for their use,
the Department shall establish the Restaurant Employment and
Stabilization Grant Program for the purpose of providing
direct economic relief to eligible entities that continue to
be impacted by COVID-19 economic pandemic conditions. The
Department shall award a one-time grant in an amount of up to
$50,000 to each eligible entity. Grant award amounts will be
determined, based on the eligible entity's reported losses
during a timeframe determined by the Department.
    (c) Eligible entities receiving grant funds under this
Section shall use those grant funds only for the following
purposes, to the extent permitted by Section 9901 of ARPA and
related federal guidance, including but not limited to the
following: payroll costs; paid sick leave; employer
contributions to employee health care costs; payments of
principal or interest on any mortgage obligation; rent
payments, including rent under a lease agreement; utilities;
maintenance; and operational expenses.
    (d) Within one year after receiving grant funds under this
Section, the eligible entity shall submit a written
attestation to the Department acknowledging compliance with
subsection (c). The Department shall establish additional
reporting requirements based on reporting guidelines
established by the U.S. Department of Treasury for Section
9901 of ARPA by administrative rule.
    (e) If an eligible entity that receives a grant under this
Section fails to use all of those grant funds within one year
after receiving the grant, the eligible entity shall return to
the Department any grant funds that the eligible entity
received under this Section and did not use for allowable
expenses under subsection (c).
    (f) The Department may establish by rule administrative
procedures for the grant program, including any application
procedures, grant agreements, certifications, payment
methodologies, and other accountability measures that may be
imposed upon participants in the program. The emergency
rulemaking process may be used to promulgate the initial rules
of the program following the effective date of this amendatory
Act of the 102nd General Assembly.
    (g) The Department has the power to issue grants and enter
into agreements with eligible entities to carry out the
purposes of this program.
    (h) This Section is repealed on December 31, 2024.
 
    Section 5-16. The Electric Vehicle Act is amended by
changing Section 15 as follows:
 
    (20 ILCS 627/15)
    Sec. 15. Electric Vehicle Coordinator. The Governor, with
the advice and consent of the Senate, shall appoint a person
within the Illinois Environmental Protection Agency to serve
as the Electric Vehicle Coordinator for the State of Illinois.
The Electric Vehicle Coordinator shall receive an annual
salary as set by the Governor and beginning July 1, 2022 shall
be compensated from appropriations made to the Comptroller for
this purpose. This person may be an existing employee with
other duties. The Coordinator shall act as a point person for
electric vehicle-related and electric vehicle charging-related
policies and activities in Illinois, including, but not
limited to, the issuance of electric vehicle rebates for
consumers and electric vehicle charging rebates for
organizations and companies.
(Source: P.A. 102-444, eff. 8-20-21; 102-662, eff. 9-15-21.)
 
    Section 5-17. The Department of Natural Resources Act is
amended by changing Section 1-15 as follows:
 
    (20 ILCS 801/1-15)
    Sec. 1-15. General powers and duties.
    (a) It shall be the duty of the Department to investigate
practical problems, implement studies, conduct research and
provide assistance, information and data relating to the
technology and administration of the natural history,
entomology, zoology, and botany of this State; the geology and
natural resources of this State; the water and atmospheric
resources of this State; and the archeological and cultural
history of this State.
    (b) The Department (i) shall obtain, store, and process
relevant data; recommend technological, administrative, and
legislative changes and developments; cooperate with other
federal, state, and local governmental research agencies,
facilities, or institutes in the selection of projects for
study; cooperate with the Board of Higher Education and with
the public and private colleges and universities in this State
in developing relevant interdisciplinary approaches to
problems; and evaluate curricula at all levels of education
and provide assistance to instructors and (ii) may sponsor an
annual conference of leaders in government, industry, health,
and education to evaluate the state of this State's
environment and natural resources.
    (c) The Director, in accordance with the Personnel Code,
shall employ such personnel, provide such facilities, and
contract for such outside services as may be necessary to
carry out the purposes of the Department. Maximum use shall be
made of existing federal and state agencies, facilities, and
personnel in conducting research under this Act.
    (c-5) The Department may use the services of, and enter
into necessary agreements with, outside entities for the
purpose of evaluating grant applications and for the purpose
of administering or monitoring compliance with grant
agreements. Contracts under this subsection shall not exceed 2
years in length.
    (d) In addition to its other powers, the Department has
the following powers:
        (1) To obtain, store, process, and provide data and
    information related to the powers and duties of the
    Department under this Act. This subdivision (d)(1) does
    not give authority to the Department to require reports
    from nongovernmental sources or entities.
        (2) To cooperate with and support the Illinois Science
    and Technology Advisory Committee and the Illinois
    Coalition for the purpose of facilitating the effective
    operations and activities of such entities. Support may
    include, but need not be limited to, providing space for
    the operations of the Committee and the Illinois
    Coalition.
    (e) The Department is authorized to make grants to local
not-for-profit organizations for the purposes of development,
maintenance and study of wetland areas.
    (f) The Department has the authority to accept, receive
and administer on behalf of the State any gifts, bequests,
donations, income from property rental and endowments. Any
such funds received by the Department shall be deposited into
the Natural Resources Fund, a special fund which is hereby
created in the State treasury, and used for the purposes of
this Act or, when appropriate, for such purposes and under
such restrictions, terms and conditions as are predetermined
by the donor or grantor of such funds or property. Any accrued
interest from money deposited into the Natural Resources Fund
shall be reinvested into the Fund and used in the same manner
as the principal. The Director shall maintain records which
account for and assure that restricted funds or property are
disbursed or used pursuant to the restrictions, terms or
conditions of the donor.
    (g) The Department shall recognize, preserve, and promote
our special heritage of recreational hunting and trapping by
providing opportunities to hunt and trap in accordance with
the Wildlife Code.
    (h) Within 5 years after the effective date of this
amendatory Act of the 102nd General Assembly, the Department
shall fly a United States Flag, an Illinois flag, and a POW/MIA
flag at all State parks. Donations may be made by groups and
individuals to the Department's Special Projects Fund for
costs related to the implementation of this subsection.
(Source: P.A. 102-388, eff. 1-1-22.)
 
    Section 5-18. The Department of Human Services Act is
amended by changing Section 1-20 as follows:
 
    (20 ILCS 1305/1-20)
    Sec. 1-20. General powers and duties.
    (a) The Department shall exercise the rights, powers,
duties, and functions provided by law, including (but not
limited to) the rights, powers, duties, and functions
transferred to the Department under Article 80 and Article 90
of this Act.
    (b) The Department may employ personnel (in accordance
with the Personnel Code), provide facilities, contract for
goods and services, and adopt rules as necessary to carry out
its functions and purposes, all in accordance with applicable
State and federal law.
    (c) On and after the date 6 months after the effective date
of this amendatory Act of the 98th General Assembly, as
provided in the Executive Order 1 (2012) Implementation Act,
all of the powers, duties, rights, and responsibilities
related to State healthcare purchasing under this Act that
were transferred from the Department to the Department of
Healthcare and Family Services by Executive Order 3 (2005) are
transferred back to the Department.
    (d) The Department may utilize the services of, and enter
into necessary agreements with, outside entities for the
purpose of evaluating grant applications and administration of
or monitoring compliance with grant agreements. Contracts
pursuant to this subsection shall not exceed 2 years in
length.
(Source: P.A. 98-488, eff. 8-16-13.)
 
    Section 5-20. The Illinois Commission on Volunteerism and
Community Service Act is amended by adding Section 4.5 as
follows:
 
    (20 ILCS 1345/4.5 new)
    Sec. 4.5. Serve Illinois Commission Fund; creation. The
Serve Illinois Commission Fund is created as a special fund in
the State treasury. All federal grant moneys awarded in
support of the activities authorized under this Act to the
Department of Human Services or the Commission may be
deposited into the Serve Illinois Commission Fund. In addition
to federal grant moneys, the Department and the Commission may
accept and deposit into the Serve Illinois Commission Fund any
other funds, grants, gifts, and bequests from any source,
public or private, in support of the activities authorized
under this Act. Appropriations from the Serve Illinois
Commission Fund shall be used for operations, grants, and
other purposes as authorized by this Act. Upon written
notification by the Secretary of Human Services, the State
Comptroller shall direct and the State Treasurer shall
transfer any remaining balance in the Federal National
Community Services Grant Fund to the Serve Illinois Commission
Fund.
 
    Section 5-25. The Illinois Lottery Law is amended by
changing Sections 2, 7.12, and 9.1 and by adding Sections 9.2
and 9.3 as follows:
 
    (20 ILCS 1605/2)  (from Ch. 120, par. 1152)
    Sec. 2. This Act is enacted to implement and establish
within the State a lottery to be conducted by the State through
the Department. The entire net proceeds of the Lottery are to
be used for the support of the State's Common School Fund,
except as otherwise provided in this Act subsection (o) of
Section 9.1 and Sections 21.5, 21.6, 21.7, 21.8, 21.9, 21.10,
21.11, 21.12, and 21.13. The General Assembly finds that it is
in the public interest for the Department to conduct the
functions of the Lottery with the assistance of a private
manager under a management agreement overseen by the
Department. The Department shall be accountable to the General
Assembly and the people of the State through a comprehensive
system of regulation, audits, reports, and enduring
operational oversight. The Department's ongoing conduct of the
Lottery through a management agreement with a private manager
shall act to promote and ensure the integrity, security,
honesty, and fairness of the Lottery's operation and
administration. It is the intent of the General Assembly that
the Department shall conduct the Lottery with the assistance
of a private manager under a management agreement at all times
in a manner consistent with 18 U.S.C. 1307(a)(1), 1307(b)(1),
1953(b)(4).
    Beginning with Fiscal Year 2018 and every year thereafter,
any moneys transferred from the State Lottery Fund to the
Common School Fund shall be supplemental to, and not in lieu
of, any other money due to be transferred to the Common School
Fund by law or appropriation.
(Source: P.A. 101-81, eff. 7-12-19; 101-561, eff. 8-23-19;
102-558, eff. 8-20-21.)
 
    (20 ILCS 1605/7.12)
    (Section scheduled to be repealed on July 1, 2022)
    Sec. 7.12. Internet program.
    (a) The General Assembly finds that:
        (1) the consumer market in Illinois has changed since
    the creation of the Illinois State Lottery in 1974;
        (2) the Internet has become an integral part of
    everyday life for a significant number of Illinois
    residents not only in regards to their professional life,
    but also in regards to personal business and
    communication; and
        (3) the current practices of selling lottery tickets
    does not appeal to the new form of market participants who
    prefer to make purchases on the Internet at their own
    convenience.
    It is the intent of the General Assembly to create an
Internet program for the sale of lottery tickets to capture
this new form of market participant.
    (b) The Department shall create a program that allows an
individual 18 years of age or older to purchase lottery
tickets or shares on the Internet without using a Lottery
retailer with on-line status, as those terms are defined by
rule. The Department shall restrict the sale of lottery
tickets on the Internet to transactions initiated and received
or otherwise made exclusively within the State of Illinois.
The Department shall adopt rules necessary for the
administration of this program. These rules shall include,
among other things, requirements for marketing of the Lottery
to infrequent players, as well as limitations on the purchases
that may be made through any one individual's lottery account.
The provisions of this Act and the rules adopted under this Act
shall apply to the sale of lottery tickets or shares under this
program.
    The Department is obligated to implement the program set
forth in this Section and Sections 7.15 and 7.16. The
Department may offer Lotto, Lucky Day Lotto, Mega Millions,
Powerball, Pick 3, Pick 4, and other draw games that are
offered at retail locations through the Internet program. The
private manager shall obtain the Director's approval before
providing any draw games. Any draw game tickets that are
approved for sale by lottery licensees are automatically
approved for sale through the Internet program. The Department
shall maintain responsible gaming controls in its policies.
    The Department shall authorize the private manager to
implement and administer the program pursuant to the
management agreement entered into under Section 9.1 and in a
manner consistent with the provisions of this Section. If a
private manager has not been selected pursuant to Section 9.1
at the time the Department is obligated to implement the
program, then the Department shall not proceed with the
program until after the selection of the private manager, at
which time the Department shall authorize the private manager
to implement and administer the program pursuant to the
management agreement entered into under Section 9.1 and in a
manner consistent with the provisions of this Section.
    Nothing in this Section shall be construed as prohibiting
the Department from implementing and operating a website
portal whereby individuals who are 18 years of age or older
with an Illinois mailing address may apply to purchase lottery
tickets via subscription. Nothing in this Section shall also
be construed as prohibiting the Lottery draw game tickets
authorized for sale through the Internet program under this
Section from also continuing to be sold at retail locations by
a lottery licensee pursuant to the Department's rules.
    (c) (Blank).
    (d) This Section is repealed on July 1, 2025 2022.
(Source: P.A. 100-23, eff. 7-6-17; 100-587, eff. 6-4-18;
101-35, eff. 6-28-19.)
 
    (20 ILCS 1605/9.1)
    Sec. 9.1. Private manager and management agreement.
    (a) As used in this Section:
    "Offeror" means a person or group of persons that responds
to a request for qualifications under this Section.
    "Request for qualifications" means all materials and
documents prepared by the Department to solicit the following
from offerors:
        (1) Statements of qualifications.
        (2) Proposals to enter into a management agreement,
    including the identity of any prospective vendor or
    vendors that the offeror intends to initially engage to
    assist the offeror in performing its obligations under the
    management agreement.
    "Final offer" means the last proposal submitted by an
offeror in response to the request for qualifications,
including the identity of any prospective vendor or vendors
that the offeror intends to initially engage to assist the
offeror in performing its obligations under the management
agreement.
    "Final offeror" means the offeror ultimately selected by
the Governor to be the private manager for the Lottery under
subsection (h) of this Section.
    (b) By September 15, 2010, the Governor shall select a
private manager for the total management of the Lottery with
integrated functions, such as lottery game design, supply of
goods and services, and advertising and as specified in this
Section.
    (c) Pursuant to the terms of this subsection, the
Department shall endeavor to expeditiously terminate the
existing contracts in support of the Lottery in effect on July
13, 2009 (the effective date of Public Act 96-37) in
connection with the selection of the private manager. As part
of its obligation to terminate these contracts and select the
private manager, the Department shall establish a mutually
agreeable timetable to transfer the functions of existing
contractors to the private manager so that existing Lottery
operations are not materially diminished or impaired during
the transition. To that end, the Department shall do the
following:
        (1) where such contracts contain a provision
    authorizing termination upon notice, the Department shall
    provide notice of termination to occur upon the mutually
    agreed timetable for transfer of functions;
        (2) upon the expiration of any initial term or renewal
    term of the current Lottery contracts, the Department
    shall not renew such contract for a term extending beyond
    the mutually agreed timetable for transfer of functions;
    or
        (3) in the event any current contract provides for
    termination of that contract upon the implementation of a
    contract with the private manager, the Department shall
    perform all necessary actions to terminate the contract on
    the date that coincides with the mutually agreed timetable
    for transfer of functions.
    If the contracts to support the current operation of the
Lottery in effect on July 13, 2009 (the effective date of
Public Act 96-34) are not subject to termination as provided
for in this subsection (c), then the Department may include a
provision in the contract with the private manager specifying
a mutually agreeable methodology for incorporation.
    (c-5) The Department shall include provisions in the
management agreement whereby the private manager shall, for a
fee, and pursuant to a contract negotiated with the Department
(the "Employee Use Contract"), utilize the services of current
Department employees to assist in the administration and
operation of the Lottery. The Department shall be the employer
of all such bargaining unit employees assigned to perform such
work for the private manager, and such employees shall be
State employees, as defined by the Personnel Code. Department
employees shall operate under the same employment policies,
rules, regulations, and procedures, as other employees of the
Department. In addition, neither historical representation
rights under the Illinois Public Labor Relations Act, nor
existing collective bargaining agreements, shall be disturbed
by the management agreement with the private manager for the
management of the Lottery.
    (d) The management agreement with the private manager
shall include all of the following:
        (1) A term not to exceed 10 years, including any
    renewals.
        (2) A provision specifying that the Department:
            (A) shall exercise actual control over all
        significant business decisions;
            (A-5) has the authority to direct or countermand
        operating decisions by the private manager at any
        time;
            (B) has ready access at any time to information
        regarding Lottery operations;
            (C) has the right to demand and receive
        information from the private manager concerning any
        aspect of the Lottery operations at any time; and
            (D) retains ownership of all trade names,
        trademarks, and intellectual property associated with
        the Lottery.
        (3) A provision imposing an affirmative duty on the
    private manager to provide the Department with material
    information and with any information the private manager
    reasonably believes the Department would want to know to
    enable the Department to conduct the Lottery.
        (4) A provision requiring the private manager to
    provide the Department with advance notice of any
    operating decision that bears significantly on the public
    interest, including, but not limited to, decisions on the
    kinds of games to be offered to the public and decisions
    affecting the relative risk and reward of the games being
    offered, so the Department has a reasonable opportunity to
    evaluate and countermand that decision.
        (5) A provision providing for compensation of the
    private manager that may consist of, among other things, a
    fee for services and a performance based bonus as
    consideration for managing the Lottery, including terms
    that may provide the private manager with an increase in
    compensation if Lottery revenues grow by a specified
    percentage in a given year.
        (6) (Blank).
        (7) A provision requiring the deposit of all Lottery
    proceeds to be deposited into the State Lottery Fund
    except as otherwise provided in Section 20 of this Act.
        (8) A provision requiring the private manager to
    locate its principal office within the State.
        (8-5) A provision encouraging that at least 20% of the
    cost of contracts entered into for goods and services by
    the private manager in connection with its management of
    the Lottery, other than contracts with sales agents or
    technical advisors, be awarded to businesses that are a
    minority-owned business, a women-owned business, or a
    business owned by a person with disability, as those terms
    are defined in the Business Enterprise for Minorities,
    Women, and Persons with Disabilities Act.
        (9) A requirement that so long as the private manager
    complies with all the conditions of the agreement under
    the oversight of the Department, the private manager shall
    have the following duties and obligations with respect to
    the management of the Lottery:
            (A) The right to use equipment and other assets
        used in the operation of the Lottery.
            (B) The rights and obligations under contracts
        with retailers and vendors.
            (C) The implementation of a comprehensive security
        program by the private manager.
            (D) The implementation of a comprehensive system
        of internal audits.
            (E) The implementation of a program by the private
        manager to curb compulsive gambling by persons playing
        the Lottery.
            (F) A system for determining (i) the type of
        Lottery games, (ii) the method of selecting winning
        tickets, (iii) the manner of payment of prizes to
        holders of winning tickets, (iv) the frequency of
        drawings of winning tickets, (v) the method to be used
        in selling tickets, (vi) a system for verifying the
        validity of tickets claimed to be winning tickets,
        (vii) the basis upon which retailer commissions are
        established by the manager, and (viii) minimum
        payouts.
        (10) A requirement that advertising and promotion must
    be consistent with Section 7.8a of this Act.
        (11) A requirement that the private manager market the
    Lottery to those residents who are new, infrequent, or
    lapsed players of the Lottery, especially those who are
    most likely to make regular purchases on the Internet as
    permitted by law.
        (12) A code of ethics for the private manager's
    officers and employees.
        (13) A requirement that the Department monitor and
    oversee the private manager's practices and take action
    that the Department considers appropriate to ensure that
    the private manager is in compliance with the terms of the
    management agreement, while allowing the manager, unless
    specifically prohibited by law or the management
    agreement, to negotiate and sign its own contracts with
    vendors.
        (14) A provision requiring the private manager to
    periodically file, at least on an annual basis,
    appropriate financial statements in a form and manner
    acceptable to the Department.
        (15) Cash reserves requirements.
        (16) Procedural requirements for obtaining the prior
    approval of the Department when a management agreement or
    an interest in a management agreement is sold, assigned,
    transferred, or pledged as collateral to secure financing.
        (17) Grounds for the termination of the management
    agreement by the Department or the private manager.
        (18) Procedures for amendment of the agreement.
        (19) A provision requiring the private manager to
    engage in an open and competitive bidding process for any
    procurement having a cost in excess of $50,000 that is not
    a part of the private manager's final offer. The process
    shall favor the selection of a vendor deemed to have
    submitted a proposal that provides the Lottery with the
    best overall value. The process shall not be subject to
    the provisions of the Illinois Procurement Code, unless
    specifically required by the management agreement.
        (20) The transition of rights and obligations,
    including any associated equipment or other assets used in
    the operation of the Lottery, from the manager to any
    successor manager of the lottery, including the
    Department, following the termination of or foreclosure
    upon the management agreement.
        (21) Right of use of copyrights, trademarks, and
    service marks held by the Department in the name of the
    State. The agreement must provide that any use of them by
    the manager shall only be for the purpose of fulfilling
    its obligations under the management agreement during the
    term of the agreement.
        (22) The disclosure of any information requested by
    the Department to enable it to comply with the reporting
    requirements and information requests provided for under
    subsection (p) of this Section.
    (e) Notwithstanding any other law to the contrary, the
Department shall select a private manager through a
competitive request for qualifications process consistent with
Section 20-35 of the Illinois Procurement Code, which shall
take into account:
        (1) the offeror's ability to market the Lottery to
    those residents who are new, infrequent, or lapsed players
    of the Lottery, especially those who are most likely to
    make regular purchases on the Internet;
        (2) the offeror's ability to address the State's
    concern with the social effects of gambling on those who
    can least afford to do so;
        (3) the offeror's ability to provide the most
    successful management of the Lottery for the benefit of
    the people of the State based on current and past business
    practices or plans of the offeror; and
        (4) the offeror's poor or inadequate past performance
    in servicing, equipping, operating or managing a lottery
    on behalf of Illinois, another State or foreign government
    and attracting persons who are not currently regular
    players of a lottery.
    (f) The Department may retain the services of an advisor
or advisors with significant experience in financial services
or the management, operation, and procurement of goods,
services, and equipment for a government-run lottery to assist
in the preparation of the terms of the request for
qualifications and selection of the private manager. Any
prospective advisor seeking to provide services under this
subsection (f) shall disclose any material business or
financial relationship during the past 3 years with any
potential offeror, or with a contractor or subcontractor
presently providing goods, services, or equipment to the
Department to support the Lottery. The Department shall
evaluate the material business or financial relationship of
each prospective advisor. The Department shall not select any
prospective advisor with a substantial business or financial
relationship that the Department deems to impair the
objectivity of the services to be provided by the prospective
advisor. During the course of the advisor's engagement by the
Department, and for a period of one year thereafter, the
advisor shall not enter into any business or financial
relationship with any offeror or any vendor identified to
assist an offeror in performing its obligations under the
management agreement. Any advisor retained by the Department
shall be disqualified from being an offeror. The Department
shall not include terms in the request for qualifications that
provide a material advantage whether directly or indirectly to
any potential offeror, or any contractor or subcontractor
presently providing goods, services, or equipment to the
Department to support the Lottery, including terms contained
in previous responses to requests for proposals or
qualifications submitted to Illinois, another State or foreign
government when those terms are uniquely associated with a
particular potential offeror, contractor, or subcontractor.
The request for proposals offered by the Department on
December 22, 2008 as "LOT08GAMESYS" and reference number
"22016176" is declared void.
    (g) The Department shall select at least 2 offerors as
finalists to potentially serve as the private manager no later
than August 9, 2010. Upon making preliminary selections, the
Department shall schedule a public hearing on the finalists'
proposals and provide public notice of the hearing at least 7
calendar days before the hearing. The notice must include all
of the following:
        (1) The date, time, and place of the hearing.
        (2) The subject matter of the hearing.
        (3) A brief description of the management agreement to
    be awarded.
        (4) The identity of the offerors that have been
    selected as finalists to serve as the private manager.
        (5) The address and telephone number of the
    Department.
    (h) At the public hearing, the Department shall (i)
provide sufficient time for each finalist to present and
explain its proposal to the Department and the Governor or the
Governor's designee, including an opportunity to respond to
questions posed by the Department, Governor, or designee and
(ii) allow the public and non-selected offerors to comment on
the presentations. The Governor or a designee shall attend the
public hearing. After the public hearing, the Department shall
have 14 calendar days to recommend to the Governor whether a
management agreement should be entered into with a particular
finalist. After reviewing the Department's recommendation, the
Governor may accept or reject the Department's recommendation,
and shall select a final offeror as the private manager by
publication of a notice in the Illinois Procurement Bulletin
on or before September 15, 2010. The Governor shall include in
the notice a detailed explanation and the reasons why the
final offeror is superior to other offerors and will provide
management services in a manner that best achieves the
objectives of this Section. The Governor shall also sign the
management agreement with the private manager.
    (i) Any action to contest the private manager selected by
the Governor under this Section must be brought within 7
calendar days after the publication of the notice of the
designation of the private manager as provided in subsection
(h) of this Section.
    (j) The Lottery shall remain, for so long as a private
manager manages the Lottery in accordance with provisions of
this Act, a Lottery conducted by the State, and the State shall
not be authorized to sell or transfer the Lottery to a third
party.
    (k) Any tangible personal property used exclusively in
connection with the lottery that is owned by the Department
and leased to the private manager shall be owned by the
Department in the name of the State and shall be considered to
be public property devoted to an essential public and
governmental function.
    (l) The Department may exercise any of its powers under
this Section or any other law as necessary or desirable for the
execution of the Department's powers under this Section.
    (m) Neither this Section nor any management agreement
entered into under this Section prohibits the General Assembly
from authorizing forms of gambling that are not in direct
competition with the Lottery. The forms of gambling authorized
by Public Act 101-31 constitute authorized forms of gambling
that are not in direct competition with the Lottery.
    (n) The private manager shall be subject to a complete
investigation in the third, seventh, and tenth years of the
agreement (if the agreement is for a 10-year term) by the
Department in cooperation with the Auditor General to
determine whether the private manager has complied with this
Section and the management agreement. The private manager
shall bear the cost of an investigation or reinvestigation of
the private manager under this subsection.
    (o) The powers conferred by this Section are in addition
and supplemental to the powers conferred by any other law. If
any other law or rule is inconsistent with this Section,
including, but not limited to, provisions of the Illinois
Procurement Code, then this Section controls as to any
management agreement entered into under this Section. This
Section and any rules adopted under this Section contain full
and complete authority for a management agreement between the
Department and a private manager. No law, procedure,
proceeding, publication, notice, consent, approval, order, or
act by the Department or any other officer, Department,
agency, or instrumentality of the State or any political
subdivision is required for the Department to enter into a
management agreement under this Section. This Section contains
full and complete authority for the Department to approve any
contracts entered into by a private manager with a vendor
providing goods, services, or both goods and services to the
private manager under the terms of the management agreement,
including subcontractors of such vendors.
    Upon receipt of a written request from the Chief
Procurement Officer, the Department shall provide to the Chief
Procurement Officer a complete and un-redacted copy of the
management agreement or any contract that is subject to the
Department's approval authority under this subsection (o). The
Department shall provide a copy of the agreement or contract
to the Chief Procurement Officer in the time specified by the
Chief Procurement Officer in his or her written request, but
no later than 5 business days after the request is received by
the Department. The Chief Procurement Officer must retain any
portions of the management agreement or of any contract
designated by the Department as confidential, proprietary, or
trade secret information in complete confidence pursuant to
subsection (g) of Section 7 of the Freedom of Information Act.
The Department shall also provide the Chief Procurement
Officer with reasonable advance written notice of any contract
that is pending Department approval.
    Notwithstanding any other provision of this Section to the
contrary, the Chief Procurement Officer shall adopt
administrative rules, including emergency rules, to establish
a procurement process to select a successor private manager if
a private management agreement has been terminated. The
selection process shall at a minimum take into account the
criteria set forth in items (1) through (4) of subsection (e)
of this Section and may include provisions consistent with
subsections (f), (g), (h), and (i) of this Section. The Chief
Procurement Officer shall also implement and administer the
adopted selection process upon the termination of a private
management agreement. The Department, after the Chief
Procurement Officer certifies that the procurement process has
been followed in accordance with the rules adopted under this
subsection (o), shall select a final offeror as the private
manager and sign the management agreement with the private
manager.
    Through June 30, 2022, except Except as provided in
Sections 21.5, 21.6, 21.7, 21.8, 21.9, 21.10, 21.11, 21.12,
and 21.13 of this Act and Section 25-70 of the Sports Wagering
Act, the Department shall distribute all proceeds of lottery
tickets and shares sold in the following priority and manner:
        (1) The payment of prizes and retailer bonuses.
        (2) The payment of costs incurred in the operation and
    administration of the Lottery, including the payment of
    sums due to the private manager under the management
    agreement with the Department.
        (3) On the last day of each month or as soon thereafter
    as possible, the State Comptroller shall direct and the
    State Treasurer shall transfer from the State Lottery Fund
    to the Common School Fund an amount that is equal to the
    proceeds transferred in the corresponding month of fiscal
    year 2009, as adjusted for inflation, to the Common School
    Fund.
        (4) On or before September 30 of each fiscal year,
    deposit any estimated remaining proceeds from the prior
    fiscal year, subject to payments under items (1), (2), and
    (3), into the Capital Projects Fund. Beginning in fiscal
    year 2019, the amount deposited shall be increased or
    decreased each year by the amount the estimated payment
    differs from the amount determined from each year-end
    financial audit. Only remaining net deficits from prior
    fiscal years may reduce the requirement to deposit these
    funds, as determined by the annual financial audit.
    Beginning July 1, 2022, the Department shall distribute
all proceeds of lottery tickets and shares sold in the manner
and priority described in Section 9.3 of this Act.
    (p) The Department shall be subject to the following
reporting and information request requirements:
        (1) the Department shall submit written quarterly
    reports to the Governor and the General Assembly on the
    activities and actions of the private manager selected
    under this Section;
        (2) upon request of the Chief Procurement Officer, the
    Department shall promptly produce information related to
    the procurement activities of the Department and the
    private manager requested by the Chief Procurement
    Officer; the Chief Procurement Officer must retain
    confidential, proprietary, or trade secret information
    designated by the Department in complete confidence
    pursuant to subsection (g) of Section 7 of the Freedom of
    Information Act; and
        (3) at least 30 days prior to the beginning of the
    Department's fiscal year, the Department shall prepare an
    annual written report on the activities of the private
    manager selected under this Section and deliver that
    report to the Governor and General Assembly.
(Source: P.A. 101-31, eff. 6-28-19; 101-81, eff. 7-12-19;
101-561, eff. 8-23-19; 102-558, eff. 8-20-21.)
 
    (20 ILCS 1605/9.2 new)
    Sec. 9.2. Reconciliation of Fiscal Year 2017 through
Fiscal Year 2022 annual net lottery proceeds.
    (a) The Office of the Auditor General concluded in the
Department's annual fiscal year audits for Fiscal Year 2017,
Fiscal Year 2018, Fiscal Year 2019, Fiscal Year 2020, and
Fiscal Year 2021 that annual net lottery proceeds from the
State Lottery Fund to the Common School Fund exceeded the
annual net lottery proceeds available to transfer as described
in subsection (o) of Section 9.1. The excess transfers to the
Common School Fund during those fiscal years resulted in
transfers of annual net lottery proceeds to the Capital
Projects Fund as required by paragraph (4) of subsection (o)
of Section 9.1 not being sent. The Department had no statutory
authority to offset future transfers as described in paragraph
(4) of subsection (a) of Section 9.3 during Fiscal Year 2017,
Fiscal Year 2018, Fiscal Year 2019, Fiscal Year 2020, or
Fiscal Year 2021 to reconcile the discrepancies.
    (b) The Department is hereby authorized to reconcile the
discrepancies occurring in Fiscal Year 2017, Fiscal Year 2018,
Fiscal Year 2019, Fiscal Year 2020, and Fiscal Year 2021 as
reported by the Office of the Auditor General. The Department
shall accomplish this reconciliation by offsetting its monthly
transfers to the Common School Fund to recover the resulting
cash deficit in the State Lottery Fund and separately
transferring the deficient amounts owed to the Capital
Projects Fund. All offsets and transfers shall be done in
accordance with Generally Accepted Accounting Principles for
government entities. The Department shall determine, in
coordination with the Governor's Office of Management and
Budget, an appropriate schedule for the offsets and transfers.
All offsets and transfers shall be completed no later than
June 30, 2023.
    (c) The Department is also authorized to reconcile any
discrepancies that may occur in Fiscal Year 2022, if the
annual net lottery proceeds transferred from the State Lottery
Fund to the Common School Fund exceed the annual net lottery
proceeds available to transfer. The Department shall determine
whether there were any excess transfers by June 30, 2023. The
Department shall reconcile any discrepancies by offsetting its
monthly transfers to the Common School Fund to recover the
resulting cash deficit in the State Lottery Fund and
separately transferring the deficient amounts owed to the
Capital Projects Fund. All offsets and transfers shall be done
in accordance with Generally Accepted Accounting principles.
All offsets and transfers for Fiscal Year 2022 discrepancies
shall be completed no later than June 30, 2024.
    (d) This Section is repealed on January 1, 2025.
 
    (20 ILCS 1605/9.3 new)
    Sec. 9.3. Expenditure and distribution of lottery
proceeds.
    (a) Beginning July 1, 2022, except as provided in Sections
21.5, 21.6, 21.7, 21.8, 21.9, 21.10, 21.11, 21.12, and 21.13
of this Act and Section 25-70 of the Sports Wagering Act, the
Department shall distribute all proceeds of lottery tickets
and shares sold in the following priority and manner:
        (1) The payment of prizes and retailer bonuses.
        (2) The payment of costs incurred in the operation and
    administration of the Lottery, including the payment of
    sums due to the private manager under the management
    agreement with the Department and including costs of
    administering the Lottery sports wagering program pursuant
    to Section 25-70 of the Sports Wagering Act.
        (3) On the last day of each month or as soon thereafter
    as possible, the State Comptroller shall direct and the
    State Treasurer shall transfer from the State Lottery Fund
    to the Common School Fund the Department's estimate of net
    lottery proceeds.
        (4) If an amount in excess of the annual net lottery
    proceeds is transferred for a fiscal year, then the
    Department shall offset the monthly transfers of estimated
    net lottery proceeds during the following fiscal year by
    that excess amount. If an amount less than the annual net
    lottery proceeds is transferred for a fiscal year, then
    after the related annual fiscal year audit is completed
    following such fiscal year, the Department shall direct
    the deposit of any remaining annual net lottery proceeds
    from such fiscal year, subject to payments under
    paragraphs (1) and (2), into the Common School Fund as
    soon thereafter as possible.
    (b) The net lottery proceeds shall be determined by
deducting from total annual lottery proceeds the expenditures
required by paragraphs (1) and (2) of subsection (a). The
total annual lottery proceeds and annual net lottery proceeds
shall be determined according to generally accepted accounting
principles for governmental entities and verified by an annual
fiscal year audit.
 
    Section 5-27. The Department of Public Health Powers and
Duties Law of the Civil Administrative Code of Illinois is
amended by adding Section 2310-50.10 as follows:
 
    (20 ILCS 2310/2310-50.10 new)
    Sec. 2310-50.10. Coordination with outside entities for
grants management. To utilize the services of, and enter into
necessary agreements with, outside entities for the purpose of
evaluating grant applications and administration of or
monitoring compliance with grant agreements. Contracts
pursuant to this subsection shall not exceed 2 years in
length.
 
    Section 5-30. The Illinois Council on Developmental
Disabilities Law is amended by changing Section 2003 as
follows:
 
    (20 ILCS 4010/2003)  (from Ch. 91 1/2, par. 1953)
    Sec. 2003. Council. The Illinois Council on Developmental
Disabilities is hereby created as an executive agency of State
government. The Council shall be composed of 29 members,
governed by a chairperson, and headed by a director. The
functions of the council shall be as prescribed in Chapter 75
of Title 42 of the United States Code (42 U.S.C. 6000, et
seq.), as now or hereafter amended, and in Section 2006 of this
Article.
    The Council shall receive and disburse funds authorized
under Chapter 75 of Title 42 of the United States Code (42
U.S.C. 6000, et seq.), as now or hereafter amended. The
Council may also receive funds from any source, public or
private, to be used for the purposes authorized by this Act or
otherwise authorized by law.
(Source: P.A. 91-798, eff. 7-9-00.)
 
    Section 5-33. The General Assembly Compensation Act is
amended by changing Section 4 as follows:
 
    (25 ILCS 115/4)  (from Ch. 63, par. 15.1)
    Sec. 4. Office allowance. Beginning July 1, 2001 and
through July 1, 2020, each member of the House of
Representatives is authorized to approve the expenditure of
not more than $61,000 per year and each member of the Senate is
authorized to approve the expenditure of not more than $73,000
per year to pay for "personal services", "contractual
services", "commodities", "printing", "travel", "operation of
automotive equipment", "telecommunications services", as
defined in the State Finance Act, and the compensation of one
or more legislative assistants authorized pursuant to this
Section, in connection with his or her legislative duties and
not in connection with any political campaign. On July 1, 2002
and on July 1 of each year thereafter, the amount authorized
per year under this Section for each member of the Senate and
each member of the House of Representatives shall be increased
by a percentage increase equivalent to the lesser of (i) the
increase in the designated cost of living index or (ii) 5%. The
designated cost of living index is the index known as the
"Employment Cost Index, Wages and Salaries, By Occupation and
Industry Groups: State and Local Government Workers: Public
Administration" as published by the Bureau of Labor Statistics
of the U.S. Department of Labor for the calendar year
immediately preceding the year of the respective July 1st
increase date. The increase shall be added to the then current
amount, and the adjusted amount so determined shall be the
annual amount beginning July 1 of the increase year until July
1 of the next year. No increase under this provision shall be
less than zero.
    Beginning July 1, 2021, each member of the House of
Representatives is authorized to approve the expenditure of
not more than $179,000 per year and each member of the Senate
is authorized to approve the expenditure of not more than
$214,000 per year to pay for "personal services", "contractual
services", "commodities", "printing", "travel", "operation of
automotive equipment", "telecommunications services", as
defined in the State Finance Act, and the compensation of one
or more legislative assistants authorized pursuant to this
Section, in connection with his or her legislative duties and
not in connection with any political campaign. On July 1, 2022
and on July 1 of each year thereafter, the amount authorized
per year under this Section for each member of the Senate and
each member of the House of Representatives shall be increased
by a percentage increase equivalent to the lesser of (i) the
increase in the designated cost of living index or (ii) 5%. The
designated cost of living index is the index known as the
"Employment Cost Index, Wages and Salaries, By Occupation and
Industry Groups: State and Local Government Workers: Public
Administration" as published by the Bureau of Labor Statistics
of the U.S. Department of Labor for the calendar year
immediately preceding the year of the respective July 1st
increase date. The increase shall be added to the then current
amount, and the adjusted amount so determined shall be the
annual amount beginning July 1 of the increase year until July
1 of the next year. No increase under this provision shall be
less than zero.
    A member may purchase office equipment if the member
certifies to the Secretary of the Senate or the Clerk of the
House, as applicable, that the purchase price, whether paid in
lump sum or installments, amounts to less than would be
charged for renting or leasing the equipment over its
anticipated useful life. All such equipment must be purchased
through the Secretary of the Senate or the Clerk of the House,
as applicable, for proper identification and verification of
purchase.
    Each member of the General Assembly is authorized to
employ one or more legislative assistants, who shall be solely
under the direction and control of that member, for the
purpose of assisting the member in the performance of his or
her official duties. A legislative assistant may be employed
pursuant to this Section as a full-time employee, part-time
employee, or contractual employee, at the discretion of the
member. If employed as a State employee, a legislative
assistant shall receive employment benefits on the same terms
and conditions that apply to other employees of the General
Assembly. Each member shall adopt and implement personnel
policies for legislative assistants under his or her direction
and control relating to work time requirements, documentation
for reimbursement for travel on official State business,
compensation, and the earning and accrual of State benefits
for those legislative assistants who may be eligible to
receive those benefits. The policies shall also require
legislative assistants to periodically submit time sheets
documenting, in quarter-hour increments, the time spent each
day on official State business. The policies shall require the
time sheets to be submitted on paper, electronically, or both
and to be maintained in either paper or electronic format by
the applicable fiscal office for a period of at least 2 years.
Contractual employees may satisfy the time sheets requirement
by complying with the terms of their contract, which shall
provide for a means of compliance with this requirement. A
member may satisfy the requirements of this paragraph by
adopting and implementing the personnel policies promulgated
by that member's legislative leader under the State Officials
and Employees Ethics Act with respect to that member's
legislative assistants.
    As used in this Section the term "personal services" shall
include contributions of the State under the Federal Insurance
Contribution Act and under Article 14 of the Illinois Pension
Code. As used in this Section the term "contractual services"
shall not include improvements to real property unless those
improvements are the obligation of the lessee under the lease
agreement. Beginning July 1, 1989, as used in the Section, the
term "travel" shall be limited to travel in connection with a
member's legislative duties and not in connection with any
political campaign. Beginning on the effective date of this
amendatory Act of the 93rd General Assembly, as used in this
Section, the term "printing" includes, but is not limited to,
newsletters, brochures, certificates, congratulatory
mailings, greeting or welcome messages, anniversary or
birthday cards, and congratulations for prominent achievement
cards. As used in this Section, the term "printing" includes
fees for non-substantive resolutions charged by the Clerk of
the House of Representatives under subsection (c-5) of Section
1 of the Legislative Materials Act. No newsletter or brochure
that is paid for, in whole or in part, with funds provided
under this Section may be printed or mailed during a period
beginning February 1 of the year of a general primary
election, except that in 2022 the period shall begin on May 15,
2022, and ending the day after the general primary election
and during a period beginning September 1 of the year of a
general election and ending the day after the general
election, except that such a newsletter or brochure may be
mailed during those times if it is mailed to a constituent in
response to that constituent's inquiry concerning the needs of
that constituent or questions raised by that constituent. The
printing or mailing of any newsletter or brochure paid for, in
whole or in part, with funds under this Section between
February 1, 2022 and the effective date of this amendatory Act
of the 102nd General Assembly shall not be considered a
violation of this Section. Nothing in this Section shall be
construed to authorize expenditures for lodging and meals
while a member is in attendance at sessions of the General
Assembly.
    Any utility bill for service provided to a member's
district office for a period including portions of 2
consecutive fiscal years may be paid from funds appropriated
for such expenditure in either fiscal year.
    If a vacancy occurs in the office of Senator or
Representative in the General Assembly, any office equipment
in the possession of the vacating member shall transfer to the
member's successor; if the successor does not want such
equipment, it shall be transferred to the Secretary of the
Senate or Clerk of the House of Representatives, as the case
may be, and if not wanted by other members of the General
Assembly then to the Department of Central Management Services
for treatment as surplus property under the State Property
Control Act. Each member, on or before June 30th of each year,
shall conduct an inventory of all equipment purchased pursuant
to this Act. Such inventory shall be filed with the Secretary
of the Senate or the Clerk of the House, as the case may be.
Whenever a vacancy occurs, the Secretary of the Senate or the
Clerk of the House, as the case may be, shall conduct an
inventory of equipment purchased.
    In the event that a member leaves office during his or her
term, any unexpended or unobligated portion of the allowance
granted under this Section shall lapse. The vacating member's
successor shall be granted an allowance in an amount, rounded
to the nearest dollar, computed by dividing the annual
allowance by 365 and multiplying the quotient by the number of
days remaining in the fiscal year.
    From any appropriation for the purposes of this Section
for a fiscal year which overlaps 2 General Assemblies, no more
than 1/2 of the annual allowance per member may be spent or
encumbered by any member of either the outgoing or incoming
General Assembly, except that any member of the incoming
General Assembly who was a member of the outgoing General
Assembly may encumber or spend any portion of his annual
allowance within the fiscal year.
    The appropriation for the annual allowances permitted by
this Section shall be included in an appropriation to the
President of the Senate and to the Speaker of the House of
Representatives for their respective members. The President of
the Senate and the Speaker of the House shall voucher for
payment individual members' expenditures from their annual
office allowances to the State Comptroller, subject to the
authority of the Comptroller under Section 9 of the State
Comptroller Act.
    Nothing in this Section prohibits the expenditure of
personal funds or the funds of a political committee
controlled by an officeholder to defray the customary and
reasonable expenses of an officeholder in connection with the
performance of governmental and public service functions.
(Source: P.A. 102-16, eff. 6-17-21.)
 
    Section 5-34. The Legislative Commission Reorganization
Act of 1984 is amended by changing Sections 8A-15, 8A-20, and
8A-30 and by adding Section 8A-37 as follows:
 
    (25 ILCS 130/8A-15)
    Sec. 8A-15. Master plan.
    (a) The term "legislative complex" means (i) the buildings
and facilities located in Springfield, Illinois, and occupied
in whole or in part by the General Assembly or any of its
support service agencies, (ii) the grounds, walkways, and
pedestrian or utility tunnels surrounding or connected to
those buildings and facilities, and (iii) the off-street
parking areas serving those buildings and facilities,
including parking lots D, DD, E, F, G, H, O, M, N, R, S, and
the legislative parking garage located under parking lot O.
    (b) The Architect of the Capitol shall prepare and
implement a long-range master plan of development for the
State Capitol Building, the remaining portions of the
legislative complex, and the land and State buildings and
facilities within the area bounded by Washington, Third, Cook,
and Walnut Pasfield Streets and the land and State buildings
and facilities within the area bounded by Madison, Klein,
Mason, and Rutledge Streets that addresses the improvement,
construction, historic preservation, restoration,
maintenance, repair, and landscaping needs of these State
buildings and facilities and the land. The Architect of the
Capitol shall submit the master plan to the Capitol Historic
Preservation Board for its review and comment. The Board must
confine its review and comment to those portions of the master
plan that relate to areas other than the State Capitol
Building. The Architect may incorporate suggestions of the
Board into the master plan. The master plan must be submitted
to and approved by the Board of the Office of the Architect of
the Capitol before its implementation.
    The Architect of the Capitol may change the master plan
and shall submit changes in the master plan that relate to
areas other than the State Capitol Building to the Capitol
Historic Preservation Board for its review and comment. All
changes in the master plan must be submitted to and approved by
the Board of the Office of the Architect of the Capitol before
implementation.
    (c) The Architect of the Capitol must review the master
plan every 5 years or at the direction of the Board of the
Office of the Architect of the Capitol. Changes in the master
plan resulting from this review must be made in accordance
with the procedure provided in subsection (b).
    (d) Notwithstanding any other law to the contrary, the
Architect of the Capitol has the sole authority to contract
for all materials and services necessary for the
implementation of the master plan. The Architect (i) may
comply with the procedures established by the Joint Committee
on Legislative Support Services under Section 1-4 or (ii) upon
approval of the Board of the Office of the Architect of the
Capitol, may, but is not required to, comply with a portion or
all of the Illinois Procurement Code when entering into
contracts under this subsection. The Architect's compliance
with the Illinois Procurement Code shall not be construed to
subject the Architect or any other entity of the legislative
branch to the Illinois Procurement Code with respect to any
other contract.
    The Architect may enter into agreements with other State
agencies for the provision of materials or performance of
services necessary for the implementation of the master plan.
    State officers and agencies providing normal, day-to-day
repair, maintenance, or landscaping or providing security,
commissary, utility, parking, banking, tour guide, event
scheduling, or other operational services for buildings and
facilities within the legislative complex immediately prior to
the effective date of this amendatory Act of the 93rd General
Assembly shall continue to provide that normal, day-to-day
repair, maintenance, or landscaping or those services on the
same basis, whether by contract or employees, that the repair,
maintenance, landscaping, or services were provided
immediately prior to the effective date of this amendatory Act
of the 93rd General Assembly, subject to the provisions of the
master plan and with the approval of or as otherwise directed
by the Architect of the Capitol.
    (e) The Architect of the Capitol shall monitor and approve
all construction, preservation, restoration, maintenance,
repair, and landscaping work in the legislative complex and
implementation of the master plan, as well as activities that
alter the historic integrity of the legislative complex and
the other land and State buildings and facilities in the
master plan.
    (f) The Architect of the Capitol shall be given notice of
any bid for or contract of services related to the legislative
complex. Prior to final execution of any contract for
services, the Architect of the Capitol shall be given an
opportunity to review and approve the contract and give any
necessary input. As used in this subsection, "services" means
any maintenance, removal of refuse, or delivery of utilities
to the legislative complex.
(Source: P.A. 98-692, eff. 7-1-14.)
 
    (25 ILCS 130/8A-20)
    Sec. 8A-20. Legislative complex space Space allocation.
The Architect of the Capitol has the power and duty, subject to
direction by the Board of the Office of the Architect of the
Capitol, to make space allocations for the use of the General
Assembly and its related agencies, except the Supreme Court
Building and the Fourth District Appellate Court Building.
This allocation of space includes, but is not limited to,
office, conference, committee, and parking space.
(Source: P.A. 93-632, eff. 2-1-04.)
 
    (25 ILCS 130/8A-30)
    Sec. 8A-30. Acquisition of land; contract review. The
Architect of the Capitol, upon the approval of the Board of the
Office of the Architect of the Capitol, may acquire land in
Springfield, Illinois, within the area bounded by Washington,
Third, Cook, and Walnut Pasfield Streets and the land and
State buildings and facilities within the area bounded by
Madison, Klein, Mason, and Rutledge Streets for the purpose of
providing space for the operation and expansion of the
legislative complex or other State facilities. The Architect
of the Capitol must review and either approve or disapprove
all contracts for the repair, rehabilitation, construction, or
alteration of all State buildings within the bounded area,
except the Supreme Court Building and the Fourth District
Appellate Court Building.
(Source: P.A. 93-632, eff. 2-1-04.)
 
    (25 ILCS 130/8A-37 new)
    Sec. 8A-37. General Assembly Technology Fund;
appropriations.
    (a) The General Assembly Technology Fund is hereby
established as a special fund in the State treasury. The Fund
may accept deposits from the General Revenue Fund and any
other source, whether private or public. Moneys in the fund
may be used, subject to appropriation, by the President of the
Senate, the Speaker of the House of Representatives, the
Minority Leader of the Senate, and the Minority Leader of the
House of Representatives for the purpose of meeting the
technology-related needs of their respective offices and the
General Assembly.
    (b) On July 1, 2022, the State Comptroller shall order
transferred and the State Treasurer shall transfer $3,000,000
from the General Revenue Fund to the General Assembly
Technology Fund.
 
    Section 5-35. The State Finance Act is amended by changing
Sections 5.857, 6z-21, 6z-27, 6z-30, 6z-32, 6z-51, 6z-70,
6z-77, 6z-81, 6z-100, 6z-121, 8.3, 8.6, 8.12, 8g-1, 13.2,
24.2, and 25 and by adding Sections 5.970, 5.971, 5.972,
5.973, 5.974, 5.975, 5.976, 6z-130, 6z-131, 6z-132, and 6z-133
as follows:
 
    (30 ILCS 105/5.857)
    (Section scheduled to be repealed on July 1, 2022)
    Sec. 5.857. The Capital Development Board Revolving Fund.
This Section is repealed July 1, 2023 2022.
(Source: P.A. 101-10, eff. 6-5-19; 101-645, eff. 6-26-20;
102-16, eff. 6-17-21.)
 
    (30 ILCS 105/5.970 new)
    Sec. 5.970. The Serve Illinois Commission Fund.
 
    (30 ILCS 105/5.971 new)
    Sec. 5.971. The Statewide 9-8-8 Trust Fund.
 
    (30 ILCS 105/5.972 new)
    Sec. 5.972. The Board of Higher Education State Contracts
and Grants Fund.
 
    (30 ILCS 105/5.973 new)
    Sec. 5.973. The Agriculture Federal Projects Fund.
 
    (30 ILCS 105/5.974 new)
    Sec. 5.974. The DNR Federal Projects Fund.
 
    (30 ILCS 105/5.975 new)
    Sec. 5.975. The Illinois Opioid Remediation State Trust
Fund.
 
    (30 ILCS 105/5.976 new)
    Sec. 5.976. The General Assembly Technology Fund.
 
    (30 ILCS 105/6z-21)  (from Ch. 127, par. 142z-21)
    Sec. 6z-21. Education Assistance Fund; transfers to and
from the Education Assistance Fund. All monies deposited into
the Education Assistance Fund, a special fund in the State
treasury which is hereby created, shall be appropriated to
provide financial assistance for elementary and secondary
education programs including, among others, distributions
under Sections Section 18-19 and 29-5 of the The School Code,
and for higher education programs, including, among others,
the Monetary Award Program under Section 35 of the Higher
Education Student Assistance Act. During fiscal years 2012 and
2013 only, the State Comptroller may order transferred and the
State Treasurer may transfer from the General Revenue Fund to
the Education Assistance Fund, or the State Comptroller may
order transferred and the State Treasurer may transfer from
the Education Assistance Fund to the General Revenue Fund,
such amounts as may be required to honor the vouchers
presented by the State Universities Retirement System, by a
public institution of higher education, as defined in Section
1 of the Board of Higher Education Act, or by the State Board
of Education pursuant to Sections 18-3, 18-4.3, 18-5, 18-6,
and 18-7 of the School Code.
(Source: P.A. 97-732, eff. 6-30-12.)
 
    (30 ILCS 105/6z-27)
    Sec. 6z-27. All moneys in the Audit Expense Fund shall be
transferred, appropriated and used only for the purposes
authorized by, and subject to the limitations and conditions
prescribed by, the State Auditing Act.
    Within 30 days after July 1, 2022, or as soon thereafter as
practical the effective date of this amendatory Act of the
102nd General Assembly, the State Comptroller shall order
transferred and the State Treasurer shall transfer from the
following funds moneys in the specified amounts for deposit
into the Audit Expense Fund:
Attorney General Court Ordered and Voluntary Compliance
    Payment Projects Fund.............................$38,974
Attorney General Sex Offender Awareness,
    Training, and Education Fund.........................$539
Aggregate Operations Regulatory Fund.....................$711
Agricultural Premium Fund.............................$25,265
Attorney General's State Projects and Court
    Ordered Distribution Fund.........................$43,667
Anna Veterans Home Fund...............................$15,792
Appraisal Administration Fund..........................$4,017
Attorney General Whistleblower Reward
    and Protection Fund...............................$22,896
Bank and Trust Company Fund...........................$78,017
Cannabis Expungement Fund..............................$4,501
Capital Development Board Revolving Fund...............$2,494
Care Provider Fund for Persons with
    a Developmental Disability.........................$5,707
CDLIS/AAMVAnet/NMVTIS Trust Fund.......................$1,702
Cemetery Oversight Licensing and Disciplinary Fund.....$5,002
Chicago State University Education
    Improvement Fund..................................$16,218
Child Support Administrative Fund......................$2,657
Clean Air Act Permit Fund.............................$10,108
Coal Technology Development Assistance Fund...........$12,943
Commitment to Human Services Fund....................$111,465
Common School Fund...................................$445,997
Community Mental Health Medicaid Trust Fund............$9,599
Community Water Supply Laboratory Fund...................$637
Credit Union Fund.....................................$16,048
DCFS Children's Services Fund........................$287,247
Department of Business Services
    Special Operations Fund............................$4,402
Department of Corrections Reimbursement
    and Education Fund................................$60,429
Design Professionals Administration
    and Investigation Fund.............................$3,362
Department of Human Services Community Services Fund...$5,239
Downstate Public Transportation Fund..................$30,625
Driver Services Administration Fund......................$639
Drivers Education Fund.................................$1,202
Drug Rebate Fund......................................$22,702
Drug Treatment Fund......................................$571
Drycleaner Environmental Response Trust Fund.............$846
Education Assistance Fund..........................$1,969,661
Environmental Protection Permit and
    Inspection Fund....................................$7,079
Facilities Management Revolving Fund..................$16,163
Federal High Speed Rail Trust Fund.....................$1,264
Federal Workforce Training Fund.......................$91,791
Feed Control Fund......................................$1,701
Fertilizer Control Fund................................$1,791
Fire Prevention Fund...................................$3,507
Firearm Dealer License Certification Fund................$648
Fund for the Advancement of Education.................$44,609
General Professions Dedicated Fund....................$31,353
General Revenue Fund..............................$17,663,958
Grade Crossing Protection Fund.........................$1,856
Hazardous Waste Fund...................................$8,446
Health and Human Services Medicaid Trust Fund..........$6,134
Healthcare Provider Relief Fund......................$185,164
Horse Racing Fund....................................$169,632
Hospital Provider Fund................................$63,346
ICCB Federal Trust Fund...............................$10,805
Illinois Affordable Housing Trust Fund.................$5,414
Illinois Charity Bureau Fund...........................$3,298
Illinois Clean Water Fund.............................$11,951
Illinois Forestry Development Fund....................$11,004
Illinois Gaming Law Enforcement Fund...................$1,869
IMSA Income Fund.......................................$2,188
Illinois Military Family Relief Fund...................$6,986
Illinois Power Agency Operations Fund.................$41,229
Illinois State Dental Disciplinary Fund................$6,127
Illinois State Fair Fund.................................$660
Illinois State Medical Disciplinary Fund..............$23,384
Illinois State Pharmacy Disciplinary Fund.............$10,308
Illinois Veterans Assistance Fund......................$2,016
Illinois Veterans' Rehabilitation Fund...................$862
Illinois Wildlife Preservation Fund....................$1,742
Illinois Workers' Compensation Commission
    Operations Fund....................................$4,476
Income Tax Refund Fund...............................$239,691
Insurance Financial Regulation Fund..................$104,462
Insurance Premium Tax Refund Fund.....................$23,121
Insurance Producer Administration Fund...............$104,566
International Tourism Fund.............................$1,985
LaSalle Veterans Home Fund............................$46,145
LEADS Maintenance Fund...................................$681
Live and Learn Fund....................................$8,120
Local Government Distributive Fund...................$154,289
Long-Term Care Provider Fund...........................$6,468
Manteno Veterans Home Fund............................$93,493
Mental Health Fund....................................$12,227
Mental Health Reporting Fund.............................$611
Monitoring Device Driving Permit
    Administration Fee Fund..............................$617
Motor Carrier Safety Inspection Fund...................$1,823
Motor Fuel Tax Fund..................................$103,497
Motor Vehicle License Plate Fund.......................$5,656
Motor Vehicle Theft Prevention and Insurance
    Verification Trust Fund............................$2,618
Nursing Dedicated and Professional Fund...............$11,973
Off-Highway Vehicle Trails Fund........................$1,994
Open Space Lands Acquisition and Development Fund.....$45,493
Optometric Licensing and Disciplinary Board Fund.......$1,169
Partners For Conservation Fund........................$19,950
Pawnbroker Regulation Fund.............................$1,053
Personal Property Tax Replacement Fund...............$203,036
Pesticide Control Fund.................................$6,845
Professional Services Fund.............................$2,778
Professions Indirect Cost Fund.......................$172,106
Public Pension Regulation Fund.........................$6,919
Public Transportation Fund............................$77,303
Quincy Veterans Home Fund.............................$91,704
Real Estate License Administration Fund...............$33,329
Registered Certified Public Accountants'
    Administration and Disciplinary Fund...............$3,617
Renewable Energy Resources Trust Fund..................$1,591
Rental Housing Support Program Fund....................$1,539
Residential Finance Regulatory Fund...................$20,510
Road Fund............................................$399,062
Regional Transportation Authority Occupation and
    Use Tax Replacement Fund...........................$5,205
Salmon Fund..............................................$655
School Infrastructure Fund............................$14,015
Secretary of State DUI Administration Fund.............$1,025
Secretary of State Identification Security
    and Theft Prevention Fund..........................$4,502
Secretary of State Special License Plate Fund..........$1,384
Secretary of State Special Services Fund...............$8,114
Securities Audit and Enforcement Fund..................$2,824
State Small Business Credit Initiative Fund............$4,331
Solid Waste Management Fund...........................$10,397
Special Education Medicaid Matching Fund...............$2,924
Sports Wagering Fund...................................$8,572
State Police Law Enforcement Administration Fund.......$6,822
State and Local Sales Tax Reform Fund.................$10,355
State Asset Forfeiture Fund............................$1,740
State Aviation Program Fund..............................$557
State Construction Account Fund......................$195,722
State Crime Laboratory Fund............................$7,743
State Gaming Fund....................................$204,660
State Garage Revolving Fund............................$3,731
State Lottery Fund...................................$129,814
State Offender DNA Identification System Fund..........$1,405
State Pensions Fund..................................$500,000
State Police Firearm Services Fund....................$16,122
State Police Services Fund............................$21,151
State Police Vehicle Fund..............................$3,013
State Police Whistleblower Reward
    and Protection Fund................................$2,452
Subtitle D Management Fund.............................$1,431
Supplemental Low-Income Energy Assistance Fund........$68,591
Tax Compliance and Administration Fund.................$5,259
Technology Management Revolving Fund.................$244,294
Tobacco Settlement Recovery Fund.......................$4,653
Tourism Promotion Fund................................$35,322
Traffic and Criminal Conviction Surcharge Fund.......$136,332
Underground Storage Tank Fund.........................$20,429
University of Illinois Hospital Services Fund..........$3,664
Vehicle Inspection Fund...............................$11,203
Violent Crime Victims Assistance Fund.................$14,202
Weights and Measures Fund..............................$6,127
Working Capital Revolving Fund........................$18,120
Agricultural Premium Fund.............................145,477
Amusement Ride and Patron Safety Fund..................10,067
Assisted Living and Shared Housing Regulatory Fund......2,696
Capital Development Board Revolving Fund................1,807
Care Provider Fund for Persons with a Developmental
    Disability.........................................15,438
CDLIS/AAMVAnet/NMVTIS Trust Fund........................5,148
Chicago State University Education Improvement Fund.....4,748
Child Labor and Day and Temporary Labor Services
    Enforcement Fund...................................18,662
Child Support Administrative Fund.......................5,832
Clean Air Act Permit Fund...............................1,410
Common School Fund....................................259,307
Community Mental Health Medicaid Trust Fund............23,472
Death Certificate Surcharge Fund........................4,161
Death Penalty Abolition Fund............................4,095
Department of Business Services Special Operations Fund.12,790
Department of Human Services Community Services Fund....8,744
Downstate Public Transportation Fund...................12,100
Dram Shop Fund........................................155,250
Driver Services Administration Fund.....................1,920
Drug Rebate Fund.......................................39,351
Drug Treatment Fund.......................................896
Education Assistance Fund...........................1,818,170
Emergency Public Health Fund............................7,450
Employee Classification Fund............................1,518
EMS Assistance Fund.....................................1,286
Environmental Protection Permit and Inspection Fund.......671
Estate Tax Refund Fund. 2,150
Facilities Management Revolving Fund...................33,930
Facility Licensing Fund.................................3,894
Fair and Exposition Fund................................5,904
Federal Financing Cost Reimbursement Fund...............1,579
Federal High Speed Rail Trust Fund........................517
Feed Control Fund.......................................9,601
Fertilizer Control Fund.................................8,941
Fire Prevention Fund....................................4,456
Fund for the Advancement of Education..................17,988
General Revenue Fund...............................17,653,153
General Professions Dedicated Fund......................3,567
Governor's Administrative Fund..........................4,052
Governor's Grant Fund..................................16,687
Grade Crossing Protection Fund............................629
Grant Accountability and Transparency Fund................910
Hazardous Waste Fund......................................849
Hazardous Waste Research Fund.............................528
Health and Human Services Medicaid Trust Fund..........10,635
Health Facility Plan Review Fund........................3,190
Healthcare Provider Relief Fund.......................360,142
Healthy Smiles Fund.......................................745
Home Care Services Agency Licensure Fund................2,824
Hospital Licensure Fund.................................1,313
Hospital Provider Fund................................128,466
ICJIA Violence Prevention Fund............................742
Illinois Affordable Housing Trust Fund..................7,829
Illinois Clean Water Fund...............................1,915
IMSA Income Fund.......................................12,557
Illinois Health Facilities Planning Fund................2,704
Illinois Power Agency Operations Fund..................36,874
Illinois School Asbestos Abatement Fund.................1,556
Illinois State Fair Fund...............................41,374
Illinois Veterans' Rehabilitation Fund..................1,008
Illinois Workers' Compensation Commission Operations
    Fund..............................................189,581
Income Tax Refund Fund.................................53,295
Lead Poisoning Screening, Prevention, and Abatement
    Fund...............................................14,747
Live and Learn Fund....................................23,420
Lobbyist Registration Administration Fund...............1,178
Local Government Distributive Fund.....................36,680
Long Term Care Monitor/Receiver Fund...................40,812
Long-Term Care Provider Fund...........................18,266
Mandatory Arbitration Fund..............................1,618
Medical Interagency Program Fund..........................890
Mental Health Fund.....................................10,924
Metabolic Screening and Treatment Fund.................35,159
Monitoring Device Driving Permit Administration Fee Fund.2,355
Motor Fuel Tax Fund....................................36,804
Motor Vehicle License Plate Fund.......................13,274
Motor Vehicle Theft Prevention and Insurance Verification
    Trust Fund..........................................8,773
Multiple Sclerosis Research Fund..........................670
Nuclear Safety Emergency Preparedness Fund.............17,663
Nursing Dedicated and Professional Fund.................2,667
Open Space Lands Acquisition and Development Fund.......1,463
Partners for Conservation Fund.........................75,235
Personal Property Tax Replacement Fund.................85,166
Pesticide Control Fund.................................44,745
Plumbing Licensure and Program Fund.....................5,297
Professional Services Fund..............................6,549
Public Health Laboratory Services Revolving Fund........9,044
Public Transportation Fund.............................47,744
Radiation Protection Fund...............................6,575
Renewable Energy Resources Trust Fund...................8,169
Road Fund.............................................284,307
Regional Transportation Authority Occupation and Use Tax
    Replacement Fund....................................1,278
School Infrastructure Fund..............................8,938
Secretary of State DUI Administration Fund..............2,044
Secretary of State Identification Security and Theft
    Prevention Fund....................................15,122
Secretary of State Police Services Fund...................815
Secretary of State Special License Plate Fund...........4,441
Secretary of State Special Services Fund...............21,797
Securities Audit and Enforcement Fund...................8,480
Solid Waste Management Fund.............................1,427
Special Education Medicaid Matching Fund................5,854
State and Local Sales Tax Reform Fund...................2,742
State Construction Account Fund........................69,387
State Gaming Fund......................................89,997
State Garage Revolving Fund............................10,788
State Lottery Fund....................................343,580
State Pensions Fund...................................500,000
State Treasurer's Bank Services Trust Fund................913
Supreme Court Special Purposes Fund.....................1,704
Tattoo and Body Piercing Establishment Registration Fund..724
Tax Compliance and Administration Fund..................1,847
Tobacco Settlement Recovery Fund.......................27,854
Tourism Promotion Fund.................................42,180
Trauma Center Fund......................................5,128
Underground Storage Tank Fund...........................3,473
University of Illinois Hospital Services Fund...........7,505
Vehicle Inspection Fund.................................4,863
Weights and Measures Fund..............................25,431
Youth Alcoholism and Substance Abuse Prevention Fund.....857.
    Notwithstanding any provision of the law to the contrary,
the General Assembly hereby authorizes the use of such funds
for the purposes set forth in this Section.
    These provisions do not apply to funds classified by the
Comptroller as federal trust funds or State trust funds. The
Audit Expense Fund may receive transfers from those trust
funds only as directed herein, except where prohibited by the
terms of the trust fund agreement. The Auditor General shall
notify the trustees of those funds of the estimated cost of the
audit to be incurred under the Illinois State Auditing Act for
the fund. The trustees of those funds shall direct the State
Comptroller and Treasurer to transfer the estimated amount to
the Audit Expense Fund.
    The Auditor General may bill entities that are not subject
to the above transfer provisions, including private entities,
related organizations and entities whose funds are
locally-held, for the cost of audits, studies, and
investigations incurred on their behalf. Any revenues received
under this provision shall be deposited into the Audit Expense
Fund.
    In the event that moneys on deposit in any fund are
unavailable, by reason of deficiency or any other reason
preventing their lawful transfer, the State Comptroller shall
order transferred and the State Treasurer shall transfer the
amount deficient or otherwise unavailable from the General
Revenue Fund for deposit into the Audit Expense Fund.
    On or before December 1, 1992, and each December 1
thereafter, the Auditor General shall notify the Governor's
Office of Management and Budget (formerly Bureau of the
Budget) of the amount estimated to be necessary to pay for
audits, studies, and investigations in accordance with the
Illinois State Auditing Act during the next succeeding fiscal
year for each State fund for which a transfer or reimbursement
is anticipated.
    Beginning with fiscal year 1994 and during each fiscal
year thereafter, the Auditor General may direct the State
Comptroller and Treasurer to transfer moneys from funds
authorized by the General Assembly for that fund. In the event
funds, including federal and State trust funds but excluding
the General Revenue Fund, are transferred, during fiscal year
1994 and during each fiscal year thereafter, in excess of the
amount to pay actual costs attributable to audits, studies,
and investigations as permitted or required by the Illinois
State Auditing Act or specific action of the General Assembly,
the Auditor General shall, on September 30, or as soon
thereafter as is practicable, direct the State Comptroller and
Treasurer to transfer the excess amount back to the fund from
which it was originally transferred.
(Source: P.A. 101-10, eff. 6-5-19; 101-636, eff. 6-10-20;
102-16, eff. 6-17-21.)
 
    (30 ILCS 105/6z-30)
    Sec. 6z-30. University of Illinois Hospital Services Fund.
    (a) The University of Illinois Hospital Services Fund is
created as a special fund in the State Treasury. The following
moneys shall be deposited into the Fund:
        (1) (Blank). As soon as possible after the beginning
    of fiscal year 2010, and in no event later than July 30,
    the State Comptroller and the State Treasurer shall
    automatically transfer $30,000,000 from the General
    Revenue Fund to the University of Illinois Hospital
    Services Fund.
        (1.5) (Blank). Starting in fiscal year 2011, and
    continuing through fiscal year 2017, as soon as possible
    after the beginning of each fiscal year, and in no event
    later than July 30, the State Comptroller and the State
    Treasurer shall automatically transfer $45,000,000 from
    the General Revenue Fund to the University of Illinois
    Hospital Services Fund; except that, in fiscal year 2012
    only, the State Comptroller and the State Treasurer shall
    transfer $90,000,000 from the General Revenue Fund to the
    University of Illinois Hospital Services Fund under this
    paragraph, and, in fiscal year 2013 only, the State
    Comptroller and the State Treasurer shall transfer no
    amounts from the General Revenue Fund to the University of
    Illinois Hospital Services Fund under this paragraph.
        (1.7) (Blank). Starting in fiscal year 2018, at the
    direction of and upon notification from the Director of
    Healthcare and Family Services, the State Comptroller
    shall direct and the State Treasurer shall transfer an
    amount of at least $20,000,000 but not exceeding a total
    of $45,000,000 from the General Revenue Fund to the
    University of Illinois Hospital Services Fund in each
    fiscal year.
        (1.8) Starting in fiscal year 2022, at the direction
    of and upon notification from the Director of Healthcare
    and Family Services, the State Comptroller shall direct
    and the State Treasurer shall transfer an amount of at
    least $20,000,000 but not exceeding a total of $55,000,000
    from the General Revenue Fund to the University of
    Illinois Hospital Services Fund in each fiscal year.
        (2) All intergovernmental transfer payments to the
    Department of Healthcare and Family Services by the
    University of Illinois made pursuant to an
    intergovernmental agreement under subsection (b) or (c) of
    Section 5A-3 of the Illinois Public Aid Code.
        (3) All federal matching funds received by the
    Department of Healthcare and Family Services (formerly
    Illinois Department of Public Aid) as a result of
    expenditures made by the Department that are attributable
    to moneys that were deposited in the Fund.
        (4) All other moneys received for the Fund from any
    other source, including interest earned thereon.
    (b) Moneys in the fund may be used by the Department of
Healthcare and Family Services, subject to appropriation and
to an interagency agreement between that Department and the
Board of Trustees of the University of Illinois, to reimburse
the University of Illinois Hospital for hospital and pharmacy
services, to reimburse practitioners who are employed by the
University of Illinois, to reimburse other health care
facilities and health plans operated by the University of
Illinois, and to pass through to the University of Illinois
federal financial participation earned by the State as a
result of expenditures made by the University of Illinois.
    (c) (Blank).
(Source: P.A. 100-23, eff. 7-6-17.)
 
    (30 ILCS 105/6z-32)
    Sec. 6z-32. Partners for Planning and Conservation.
    (a) The Partners for Conservation Fund (formerly known as
the Conservation 2000 Fund) and the Partners for Conservation
Projects Fund (formerly known as the Conservation 2000
Projects Fund) are created as special funds in the State
Treasury. These funds shall be used to establish a
comprehensive program to protect Illinois' natural resources
through cooperative partnerships between State government and
public and private landowners. Moneys in these Funds may be
used, subject to appropriation, by the Department of Natural
Resources, Environmental Protection Agency, and the Department
of Agriculture for purposes relating to natural resource
protection, planning, recreation, tourism, climate resilience,
and compatible agricultural and economic development
activities. Without limiting these general purposes, moneys in
these Funds may be used, subject to appropriation, for the
following specific purposes:
        (1) To foster sustainable agriculture practices and
    control soil erosion, sedimentation, and nutrient loss
    from farmland, including grants to Soil and Water
    Conservation Districts for conservation practice
    cost-share grants and for personnel, educational, and
    administrative expenses.
        (2) To establish and protect a system of ecosystems in
    public and private ownership through conservation
    easements, incentives to public and private landowners,
    natural resource restoration and preservation, water
    quality protection and improvement, land use and watershed
    planning, technical assistance and grants, and land
    acquisition provided these mechanisms are all voluntary on
    the part of the landowner and do not involve the use of
    eminent domain.
        (3) To develop a systematic and long-term program to
    effectively measure and monitor natural resources and
    ecological conditions through investments in technology
    and involvement of scientific experts.
        (4) To initiate strategies to enhance, use, and
    maintain Illinois' inland lakes through education,
    technical assistance, research, and financial incentives.
        (5) To partner with private landowners and with units
    of State, federal, and local government and with
    not-for-profit organizations in order to integrate State
    and federal programs with Illinois' natural resource
    protection and restoration efforts and to meet
    requirements to obtain federal and other funds for
    conservation or protection of natural resources.
        (6) To implement the State's Nutrient Loss Reduction
    Strategy, including, but not limited to, funding the
    resources needed to support the Strategy's Policy Working
    Group, cover water quality monitoring in support of
    Strategy implementation, prepare a biennial report on the
    progress made on the Strategy every 2 years, and provide
    cost share funding for nutrient capture projects.
        (7) To provide capacity grants to support soil and
    water conservation districts, including, but not limited
    to, developing soil health plans, conducting soil health
    assessments, peer-to-peer training, convening
    producer-led dialogues, professional development and
    travel stipends for meetings and educational events.
    (b) The State Comptroller and State Treasurer shall
automatically transfer on the last day of each month,
beginning on September 30, 1995 and ending on June 30, 2023
2022, from the General Revenue Fund to the Partners for
Conservation Fund, an amount equal to 1/10 of the amount set
forth below in fiscal year 1996 and an amount equal to 1/12 of
the amount set forth below in each of the other specified
fiscal years:
Fiscal Year Amount
1996$ 3,500,000
1997$ 9,000,000
1998$10,000,000
1999$11,000,000
2000$12,500,000
2001 through 2004$14,000,000
2005 $7,000,000
2006 $11,000,000
2007 $0
2008 through 2011 $14,000,000
2012 $12,200,000
2013 through 2017 $14,000,000
2018 $1,500,000
2019 $14,000,000
2020 $7,500,000
2021 through 2023 2022 $14,000,000
    (c) The State Comptroller and State Treasurer shall
automatically transfer on the last day of each month beginning
on July 31, 2021 and ending June 30, 2022, from the
Environmental Protection Permit and Inspection Fund to the
Partners for Conservation Fund, an amount equal to 1/12 of
$4,135,000.
    (c-1) The State Comptroller and State Treasurer shall
automatically transfer on the last day of each month beginning
on July 31, 2022 and ending June 30, 2023, from the
Environmental Protection Permit and Inspection Fund to the
Partners for Conservation Fund, an amount equal to 1/12 of
$5,900,000.
    (d) There shall be deposited into the Partners for
Conservation Projects Fund such bond proceeds and other moneys
as may, from time to time, be provided by law.
(Source: P.A. 101-10, eff. 6-5-19; 102-16, eff. 6-17-21.)
 
    (30 ILCS 105/6z-51)
    Sec. 6z-51. Budget Stabilization Fund.
    (a) The Budget Stabilization Fund, a special fund in the
State Treasury, shall consist of moneys appropriated or
transferred to that Fund, as provided in Section 6z-43 and as
otherwise provided by law. All earnings on Budget
Stabilization Fund investments shall be deposited into that
Fund.
    (b) The State Comptroller may direct the State Treasurer
to transfer moneys from the Budget Stabilization Fund to the
General Revenue Fund in order to meet cash flow deficits
resulting from timing variations between disbursements and the
receipt of funds within a fiscal year. Any moneys so borrowed
in any fiscal year other than Fiscal Year 2011 shall be repaid
by June 30 of the fiscal year in which they were borrowed. Any
moneys so borrowed in Fiscal Year 2011 shall be repaid no later
than July 15, 2011.
    (c) During Fiscal Year 2017 only, amounts may be expended
from the Budget Stabilization Fund only pursuant to specific
authorization by appropriation. Any moneys expended pursuant
to appropriation shall not be subject to repayment.
    (d) For Fiscal Years Year 2020 through 2022 , and beyond,
any transfers into the Fund pursuant to the Cannabis
Regulation and Tax Act may be transferred to the General
Revenue Fund in order for the Comptroller to address
outstanding vouchers and shall not be subject to repayment
back into the Budget Stabilization Fund.
    (e) Beginning July 1, 2023, on the first day of each month,
or as soon thereafter as practical, the State Comptroller
shall direct and the State Treasurer shall transfer $3,750,000
from the General Revenue Fund to the Budget Stabilization
Fund.
(Source: P.A. 101-10, eff. 6-5-19.)
 
    (30 ILCS 105/6z-70)
    Sec. 6z-70. The Secretary of State Identification Security
and Theft Prevention Fund.
    (a) The Secretary of State Identification Security and
Theft Prevention Fund is created as a special fund in the State
treasury. The Fund shall consist of any fund transfers,
grants, fees, or moneys from other sources received for the
purpose of funding identification security and theft
prevention measures.
    (b) All moneys in the Secretary of State Identification
Security and Theft Prevention Fund shall be used, subject to
appropriation, for any costs related to implementing
identification security and theft prevention measures.
    (c) (Blank).
    (d) (Blank).
    (e) (Blank).
    (f) (Blank).
    (g) (Blank).
    (h) (Blank).
    (i) (Blank).
    (j) (Blank).
    (k) (Blank).
    (l) (Blank).
    (m) (Blank). Notwithstanding any other provision of State
law to the contrary, on or after July 1, 2020, and until June
30, 2021, in addition to any other transfers that may be
provided for by law, at the direction of and upon notification
of the Secretary of State, the State Comptroller shall direct
and the State Treasurer shall transfer amounts into the
Secretary of State Identification Security and Theft
Prevention Fund from the designated funds not exceeding the
following totals:
    Division of Corporations Registered Limited
        Liability Partnership Fund...................$287,000
    Securities Investors Education Fund............$1,500,000
    Department of Business Services Special
        Operations Fund............................$4,500,000
    Securities Audit and Enforcement Fund..........$5,000,000
    Corporate Franchise Tax Refund Fund............$3,000,000
    (n) Notwithstanding any other provision of State law to
the contrary, on or after July 1, 2021, and until June 30,
2022, in addition to any other transfers that may be provided
for by law, at the direction of and upon notification of the
Secretary of State, the State Comptroller shall direct and the
State Treasurer shall transfer amounts into the Secretary of
State Identification Security and Theft Prevention Fund from
the designated funds not exceeding the following totals:
    Division of Corporations Registered Limited
        Liability Partnership Fund..................$287,000
    Securities Investors Education Fund...........$1,500,000
    Department of Business Services Special
        Operations Fund...........................$4,500,000
    Securities Audit and Enforcement Fund.........$5,000,000
    Corporate Franchise Tax Refund Fund...........$3,000,000
    (o) Notwithstanding any other provision of State law to
the contrary, on or after July 1, 2022, and until June 30,
2023, in addition to any other transfers that may be provided
for by law, at the direction of and upon notification of the
Secretary of State, the State Comptroller shall direct and the
State Treasurer shall transfer amounts into the Secretary of
State Identification Security and Theft Prevention Fund from
the designated funds not exceeding the following totals:
    Division of Corporations Registered Limited
        Liability Partnership Fund...................$400,000
    Department of Business Services Special
        Operations Fund............................$5,500,000
    Securities Audit and Enforcement Fund..........$4,000,000
    Corporate Franchise Tax Refund Fund............$4,000,000
(Source: P.A. 101-10, eff. 6-5-19; 101-636, eff. 6-10-20;
102-16, eff. 6-17-21.)
 
    (30 ILCS 105/6z-77)
    Sec. 6z-77. The Capital Projects Fund. The Capital
Projects Fund is created as a special fund in the State
Treasury. The State Comptroller and State Treasurer shall
transfer from the Capital Projects Fund to the General Revenue
Fund $61,294,550 on October 1, 2009, $122,589,100 on January
1, 2010, and $61,294,550 on April 1, 2010. Beginning on July 1,
2010, and on July 1 and January 1 of each year thereafter, the
State Comptroller and State Treasurer shall transfer the sum
of $122,589,100 from the Capital Projects Fund to the General
Revenue Fund. In Fiscal Year 2022 only, the State Comptroller
and State Treasurer shall transfer up to $80,000,000
$40,000,000 of sports wagering revenues from the Capital
Projects Fund to the Rebuild Illinois Projects Fund in one or
more transfers as directed by the Governor. Subject to
appropriation, the Capital Projects Fund may be used only for
capital projects and the payment of debt service on bonds
issued for capital projects. All interest earned on moneys in
the Fund shall be deposited into the Fund. The Fund shall not
be subject to administrative charges or chargebacks, such as
but not limited to those authorized under Section 8h.
(Source: P.A. 102-16, eff. 6-17-21.)
 
    (30 ILCS 105/6z-81)
    Sec. 6z-81. Healthcare Provider Relief Fund.
    (a) There is created in the State treasury a special fund
to be known as the Healthcare Provider Relief Fund.
    (b) The Fund is created for the purpose of receiving and
disbursing moneys in accordance with this Section.
Disbursements from the Fund shall be made only as follows:
        (1) Subject to appropriation, for payment by the
    Department of Healthcare and Family Services or by the
    Department of Human Services of medical bills and related
    expenses, including administrative expenses, for which the
    State is responsible under Titles XIX and XXI of the
    Social Security Act, the Illinois Public Aid Code, the
    Children's Health Insurance Program Act, the Covering ALL
    KIDS Health Insurance Act, and the Long Term Acute Care
    Hospital Quality Improvement Transfer Program Act.
        (2) For repayment of funds borrowed from other State
    funds or from outside sources, including interest thereon.
        (3) For making payments to the human poison control
    center pursuant to Section 12-4.105 of the Illinois Public
    Aid Code.
        (4) For making necessary transfers to other State
    funds to deposit Home and Community-Based Services federal
    matching revenue received as a result of the enhancement
    to the federal medical assistance percentage authorized by
    Section 9817 of the federal American Rescue Plan Act of
    2021.
    (c) The Fund shall consist of the following:
        (1) Moneys received by the State from short-term
    borrowing pursuant to the Short Term Borrowing Act on or
    after the effective date of Public Act 96-820.
        (2) All federal matching funds received by the
    Illinois Department of Healthcare and Family Services as a
    result of expenditures made by the Department that are
    attributable to moneys deposited in the Fund.
        (3) All federal matching funds received by the
    Illinois Department of Healthcare and Family Services as a
    result of federal approval of Title XIX State plan
    amendment transmittal number 07-09.
        (3.5) Proceeds from the assessment authorized under
    Article V-H of the Illinois Public Aid Code.
        (4) All other moneys received for the Fund from any
    other source, including interest earned thereon.
        (5) All federal matching funds received by the
    Illinois Department of Healthcare and Family Services as a
    result of expenditures made by the Department for Medical
    Assistance from the General Revenue Fund, the Tobacco
    Settlement Recovery Fund, the Long-Term Care Provider
    Fund, and the Drug Rebate Fund related to individuals
    eligible for medical assistance pursuant to the Patient
    Protection and Affordable Care Act (P.L. 111-148) and
    Section 5-2 of the Illinois Public Aid Code.
    (d) In addition to any other transfers that may be
provided for by law, on the effective date of Public Act 97-44,
or as soon thereafter as practical, the State Comptroller
shall direct and the State Treasurer shall transfer the sum of
$365,000,000 from the General Revenue Fund into the Healthcare
Provider Relief Fund.
    (e) In addition to any other transfers that may be
provided for by law, on July 1, 2011, or as soon thereafter as
practical, the State Comptroller shall direct and the State
Treasurer shall transfer the sum of $160,000,000 from the
General Revenue Fund to the Healthcare Provider Relief Fund.
    (f) Notwithstanding any other State law to the contrary,
and in addition to any other transfers that may be provided for
by law, the State Comptroller shall order transferred and the
State Treasurer shall transfer $500,000,000 to the Healthcare
Provider Relief Fund from the General Revenue Fund in equal
monthly installments of $100,000,000, with the first transfer
to be made on July 1, 2012, or as soon thereafter as practical,
and with each of the remaining transfers to be made on August
1, 2012, September 1, 2012, October 1, 2012, and November 1,
2012, or as soon thereafter as practical. This transfer may
assist the Department of Healthcare and Family Services in
improving Medical Assistance bill processing timeframes or in
meeting the possible requirements of Senate Bill 3397, or
other similar legislation, of the 97th General Assembly should
it become law.
    (g) Notwithstanding any other State law to the contrary,
and in addition to any other transfers that may be provided for
by law, on July 1, 2013, or as soon thereafter as may be
practical, the State Comptroller shall direct and the State
Treasurer shall transfer the sum of $601,000,000 from the
General Revenue Fund to the Healthcare Provider Relief Fund.
(Source: P.A. 100-587, eff. 6-4-18; 101-9, eff. 6-5-19;
101-650, eff. 7-7-20.)
 
    (30 ILCS 105/6z-100)
    (Section scheduled to be repealed on July 1, 2022)
    Sec. 6z-100. Capital Development Board Revolving Fund;
payments into and use. All monies received by the Capital
Development Board for publications or copies issued by the
Board, and all monies received for contract administration
fees, charges, or reimbursements owing to the Board shall be
deposited into a special fund known as the Capital Development
Board Revolving Fund, which is hereby created in the State
treasury. The monies in this Fund shall be used by the Capital
Development Board, as appropriated, for expenditures for
personal services, retirement, social security, contractual
services, legal services, travel, commodities, printing,
equipment, electronic data processing, or telecommunications.
For fiscal year 2021 and thereafter, the monies in this Fund
may also be appropriated to and used by the Executive Ethics
Commission for oversight and administration of the Chief
Procurement Officer appointed under paragraph (1) of
subsection (a) of Section 10-20 of the Illinois Procurement
Code. Unexpended moneys in the Fund shall not be transferred
or allocated by the Comptroller or Treasurer to any other
fund, nor shall the Governor authorize the transfer or
allocation of those moneys to any other fund. This Section is
repealed July 1, 2023 2022.
(Source: P.A. 101-10, eff. 6-5-19; 101-636, eff. 6-10-20;
101-645, eff. 6-26-20; 102-16, eff. 6-17-21.)
 
    (30 ILCS 105/6z-121)
    Sec. 6z-121. State Coronavirus Urgent Remediation
Emergency Fund.
    (a) The State Coronavirus Urgent Remediation Emergency
(State CURE) Fund is created as a federal trust fund within the
State treasury. The State CURE Fund shall be held separate and
apart from all other funds in the State treasury. The State
CURE Fund is established: (1) to receive, directly or
indirectly, federal funds from the Coronavirus Relief Fund in
accordance with Section 5001 of the federal Coronavirus Aid,
Relief, and Economic Security (CARES) Act, the Coronavirus
State Fiscal Recovery Fund in accordance with Section 9901 of
the American Rescue Plan Act of 2021, or from any other federal
fund pursuant to any other provision of the American Rescue
Plan Act of 2021 or any other federal law; and (2) to provide
for the transfer, distribution and expenditure of such federal
funds as permitted in the federal Coronavirus Aid, Relief, and
Economic Security (CARES) Act, the American Rescue Plan Act of
2021, and related federal guidance or any other federal law,
and as authorized by this Section.
    (b) Federal funds received by the State from the
Coronavirus Relief Fund in accordance with Section 5001 of the
federal Coronavirus Aid, Relief, and Economic Security (CARES)
Act, the Coronavirus State Fiscal Recovery Fund in accordance
with Section 9901 of the American Rescue Plan Act of 2021, or
any other federal funds received pursuant to the American
Rescue Plan Act of 2021 or any other federal law, may be
deposited, directly or indirectly, into the State CURE Fund.
    (c) Funds in the State CURE Fund may be expended, subject
to appropriation, directly for purposes permitted under the
federal law and related federal guidance governing the use of
such funds, which may include without limitation purposes
permitted in Section 5001 of the CARES Act and Sections 3201,
3206, and 9901 of the American Rescue Plan Act of 2021. All
federal funds received into the State CURE Fund from the
Coronavirus Relief Fund, the Coronavirus State Fiscal Recovery
Fund, or any other source under the American Rescue Plan Act of
2021, may be transferred, or expended, or returned by the
Illinois Emergency Management Agency at the direction of the
Governor for the specific purposes permitted by the federal
Coronavirus Aid, Relief, and Economic Security (CARES) Act,
the American Rescue Plan Act of 2021, any related regulations
or federal guidance, and any terms and conditions of the
federal awards received by the State thereunder. The State
Comptroller shall direct and the State Treasurer shall
transfer, as directed by the Governor in writing, a portion of
the federal funds received from the Coronavirus Relief Fund or
from any other federal fund pursuant to any other provision of
federal law to the Local Coronavirus Urgent Remediation
Emergency (Local CURE) Fund from time to time for the
provision and administration of grants to units of local
government as permitted by the federal Coronavirus Aid,
Relief, and Economic Security (CARES) Act, any related federal
guidance, and any other additional federal law that may
provide authorization. The State Comptroller shall direct and
the State Treasurer shall transfer amounts, as directed by the
Governor in writing, from the State CURE Fund to the Essential
Government Services Support Fund to be used for the provision
of government services as permitted under Section 602(c)(1)(C)
of the Social Security Act as enacted by Section 9901 of the
American Rescue Plan Act and related federal guidance. Funds
in the State CURE Fund also may be transferred to other funds
in the State treasury as reimbursement for expenditures made
from such other funds if the expenditures are eligible for
federal reimbursement under Section 5001 of the federal
Coronavirus Aid, Relief, and Economic Security (CARES) Act,
the relevant provisions of the American Rescue Plan Act of
2021, or any related federal guidance.
    (d) Once the General Assembly has enacted appropriations
from the State CURE Fund, the expenditure of funds from the
State CURE Fund shall be subject to appropriation by the
General Assembly, and shall be administered by the Illinois
Emergency Management Agency at the direction of the Governor.
The Illinois Emergency Management Agency, and other agencies
as named in appropriations, shall transfer, distribute or
expend the funds. The State Comptroller shall direct and the
State Treasurer shall transfer funds in the State CURE Fund to
other funds in the State treasury as reimbursement for
expenditures made from such other funds if the expenditures
are eligible for federal reimbursement under Section 5001 of
the federal Coronavirus Aid, Relief, and Economic Security
(CARES) Act, the relevant provisions of the American Rescue
Plan Act of 2021, or any related federal guidance, as directed
in writing by the Governor. Additional funds that may be
received from the federal government from legislation enacted
in response to the impact of Coronavirus Disease 2019,
including fiscal stabilization payments that replace revenues
lost due to Coronavirus Disease 2019, The State Comptroller
may direct and the State Treasurer shall transfer in the
manner authorized or required by any related federal guidance,
as directed in writing by the Governor.
    (e) The Illinois Emergency Management Agency, in
coordination with the Governor's Office of Management and
Budget, shall identify amounts derived from the State's
Coronavirus Relief Fund allocation and transferred from the
State CURE Fund as directed by the Governor under this Section
that remain unobligated and unexpended for the period that
ended on December 31, 2021. The Agency shall certify to the
State Comptroller and the State Treasurer the amounts
identified as unobligated and unexpended. The State
Comptroller shall direct and the State Treasurer shall
transfer the unobligated and unexpended funds identified by
the Agency and held in other funds of the State Treasury under
this Section to the State CURE Fund. Unexpended funds in the
State CURE Fund shall be paid back to the federal government at
the direction of the Governor.
    (f) In addition to any other transfers that may be
provided for by law, at the direction of the Governor, the
State Comptroller shall direct and the State Treasurer shall
transfer the sum of $24,523,000 from the State CURE Fund to the
Chicago Travel Industry Promotion Fund.
    (g) In addition to any other transfers that may be
provided for by law, at the direction of the Governor, the
State Comptroller shall direct and the State Treasurer shall
transfer the sum of $30,000,000 from the State CURE Fund to the
Metropolitan Pier and Exposition Authority Incentive Fund.
    (h) In addition to any other transfers that may be
provided for by law, at the direction of the Governor, the
State Comptroller shall direct and the State Treasurer shall
transfer the sum of $45,180,000 from the State CURE Fund to the
Local Tourism Fund.
(Source: P.A. 101-636, eff. 6-10-20; 102-16, eff. 6-17-21.)
 
    (30 ILCS 105/6z-130 new)
    Sec. 6z-130. Statewide 9-8-8 Trust Fund.
    (a) The Statewide 9-8-8 Trust Fund is created as a special
fund in the State treasury. Moneys in the Fund shall be used by
the Department of Human Services for the purposes of
establishing and maintaining a statewide 9-8-8 suicide
prevention and mental health crisis system pursuant to the
National Suicide Hotline Designation Act of 2020, the Federal
Communication Commission's rules adopted on July 16, 2020, and
national guidelines for crisis care. The Fund shall consist
of:
        (1) appropriations by the General Assembly;
        (2) grants and gifts intended for deposit in the Fund;
        (3) interest, premiums, gains, or other earnings on
    the Fund;
        (4) moneys received from any other source that are
    deposited in or transferred into the Fund.
    (b) Moneys in the Fund:
        (1) do not revert at the end of any State fiscal year
    but remain available for the purposes of the Fund in
    subsequent State fiscal years; and
        (2) are not subject to transfer to any other Fund or to
    transfer, assignment, or reassignment for any other use or
    purpose outside of those specified in this Section.
    (c) An annual report of Fund deposits and expenditures
shall be made to the General Assembly and the Federal
Communications Commission.
    (d) In addition to any other transfers that may be
provided for by law, on July 1, 2022, or as soon thereafter as
practical, the State Comptroller shall direct and the State
Treasurer shall transfer the sum of $5,000,000 from the
Statewide 9-1-1 Fund to the Statewide 9-8-8 Trust Fund.
 
    (30 ILCS 105/6z-131 new)
    Sec. 6z-131. Agriculture Federal Projects Fund. The
Agriculture Federal Projects Fund is established as a federal
trust fund in the State treasury. This Fund is established to
receive funds from all federal departments and agencies,
including grants and awards. In addition, the Fund may also
receive interagency receipts from other State agencies and
funds from other public and private sources. Moneys in the
Agriculture Federal Projects Fund shall be held by the State
Treasurer as ex officio custodian and shall be used for the
specific purposes established by the terms and conditions of
the federal grant or award and for other authorized expenses
in accordance with federal requirements. Other moneys
deposited into the Fund may be used for purposes associated
with the federally financed projects.
 
    (30 ILCS 105/6z-132 new)
    Sec. 6z-132. DNR Federal Projects Fund. The DNR Federal
Projects Fund is established as a federal trust fund in the
State treasury. This Fund is established to receive funds from
all federal departments and agencies, including grants and
awards. In addition, the Fund may also receive interagency
receipts from other State agencies and agencies from other
states. Moneys in the DNR Federal Projects Fund shall be held
by the State Treasurer as ex officio custodian and shall be
used for the specific purposes established by the terms and
conditions of the federal grant or award and for other
authorized expenses in accordance with federal requirements.
Other moneys deposited into the Fund may be used for purposes
associated with the federally financed projects.
 
    (30 ILCS 105/6z-133 new)
    Sec. 6z-133. Illinois Opioid Remediation State Trust Fund.
    (a) As used in this Section:
        (1) "Approved abatement programs" means the list of
    programs included in Exhibit B of the Illinois Opioid
    Allocation Agreement, effective December 30, 2021.
        (2) "National multistate opioid settlement" has the
    meaning provided in Section 13-226 of the Code of Civil
    Procedure.
        (3) "Opioid-related settlement" means current or
    future settlements reached by the Attorney General,
    including judgments entered that are subject to the
    Illinois Opioid Allocation Agreement, effective December
    30, 2021.
    (b) The Illinois Opioid Remediation State Trust Fund is
created as a trust fund in the State treasury to receive
proceeds from opioid-related settlements and judgments that
are directed by the Attorney General into the fund pursuant to
Section 3 of the Illinois Opioid Allocation Agreement,
effective December 30, 2021. The fund shall be administered by
the Department of Human Services.
    (c) The Illinois Opioid Remediation State Trust Fund may
also receive gifts, grants, bequests, donations and monies
from any other source, public or private, to be used for the
purposes of such gifts, grants, bequests, donations or awards.
    (d) All funds directed into the Illinois Opioid
Remediation State Trust Fund shall be used in accordance with
the Illinois Opioid Allocation Agreement, effective December
30, 2021, and exclusively for approved abatement programs.
    (e) The Attorney General may use a portion of the proceeds
in the Illinois Opioid Remediation State Trust Fund for
administrative costs associated with opioid-related
litigation, demands, or settlements.
    (f) In addition to proceeds directed by the Attorney
General into the Illinois Opioid Remediation State Trust Fund,
the Attorney General may, at his or her discretion, direct
additional funds received from any opioid-related settlement
into the DHS State Projects Fund.
 
    (30 ILCS 105/8.3)  (from Ch. 127, par. 144.3)
    Sec. 8.3. Money in the Road Fund shall, if and when the
State of Illinois incurs any bonded indebtedness for the
construction of permanent highways, be set aside and used for
the purpose of paying and discharging annually the principal
and interest on that bonded indebtedness then due and payable,
and for no other purpose. The surplus, if any, in the Road Fund
after the payment of principal and interest on that bonded
indebtedness then annually due shall be used as follows:
        first -- to pay the cost of administration of Chapters
    2 through 10 of the Illinois Vehicle Code, except the cost
    of administration of Articles I and II of Chapter 3 of that
    Code, and to pay the costs of the Executive Ethics
    Commission for oversight and administration of the Chief
    Procurement Officer appointed under paragraph (2) of
    subsection (a) of Section 10-20 of the Illinois
    Procurement Code for transportation; and
        secondly -- for expenses of the Department of
    Transportation for construction, reconstruction,
    improvement, repair, maintenance, operation, and
    administration of highways in accordance with the
    provisions of laws relating thereto, or for any purpose
    related or incident to and connected therewith, including
    the separation of grades of those highways with railroads
    and with highways and including the payment of awards made
    by the Illinois Workers' Compensation Commission under the
    terms of the Workers' Compensation Act or Workers'
    Occupational Diseases Act for injury or death of an
    employee of the Division of Highways in the Department of
    Transportation; or for the acquisition of land and the
    erection of buildings for highway purposes, including the
    acquisition of highway right-of-way or for investigations
    to determine the reasonably anticipated future highway
    needs; or for making of surveys, plans, specifications and
    estimates for and in the construction and maintenance of
    flight strips and of highways necessary to provide access
    to military and naval reservations, to defense industries
    and defense-industry sites, and to the sources of raw
    materials and for replacing existing highways and highway
    connections shut off from general public use at military
    and naval reservations and defense-industry sites, or for
    the purchase of right-of-way, except that the State shall
    be reimbursed in full for any expense incurred in building
    the flight strips; or for the operating and maintaining of
    highway garages; or for patrolling and policing the public
    highways and conserving the peace; or for the operating
    expenses of the Department relating to the administration
    of public transportation programs; or, during fiscal year
    2021 only, for the purposes of a grant not to exceed
    $8,394,800 to the Regional Transportation Authority on
    behalf of PACE for the purpose of ADA/Para-transit
    expenses; or, during fiscal year 2022 only, for the
    purposes of a grant not to exceed $8,394,800 to the
    Regional Transportation Authority on behalf of PACE for
    the purpose of ADA/Para-transit expenses; or, during
    fiscal year 2023, for the purposes of a grant not to exceed
    $8,394,800 to the Regional Transportation Authority on
    behalf of PACE for the purpose of ADA/Para-transit
    expenses; or for any of those purposes or any other
    purpose that may be provided by law.
    Appropriations for any of those purposes are payable from
the Road Fund. Appropriations may also be made from the Road
Fund for the administrative expenses of any State agency that
are related to motor vehicles or arise from the use of motor
vehicles.
    Beginning with fiscal year 1980 and thereafter, no Road
Fund monies shall be appropriated to the following Departments
or agencies of State government for administration, grants, or
operations; but this limitation is not a restriction upon
appropriating for those purposes any Road Fund monies that are
eligible for federal reimbursement:
        1. Department of Public Health;
        2. Department of Transportation, only with respect to
    subsidies for one-half fare Student Transportation and
    Reduced Fare for Elderly, except fiscal year 2021 only
    when no more than $17,570,000 may be expended and except
    fiscal year 2022 only when no more than $17,570,000 may be
    expended and except fiscal year 2023 when no more than
    $17,570,000 may be expended;
        3. Department of Central Management Services, except
    for expenditures incurred for group insurance premiums of
    appropriate personnel;
        4. Judicial Systems and Agencies.
    Beginning with fiscal year 1981 and thereafter, no Road
Fund monies shall be appropriated to the following Departments
or agencies of State government for administration, grants, or
operations; but this limitation is not a restriction upon
appropriating for those purposes any Road Fund monies that are
eligible for federal reimbursement:
        1. Illinois State Police, except for expenditures with
    respect to the Division of Patrol Operations and Division
    of Criminal Investigation;
        2. Department of Transportation, only with respect to
    Intercity Rail Subsidies, except fiscal year 2021 only
    when no more than $50,000,000 may be expended and except
    fiscal year 2022 only when no more than $50,000,000 may be
    expended and except fiscal year 2023 when no more than
    $55,000,000 may be expended, and Rail Freight Services.
    Beginning with fiscal year 1982 and thereafter, no Road
Fund monies shall be appropriated to the following Departments
or agencies of State government for administration, grants, or
operations; but this limitation is not a restriction upon
appropriating for those purposes any Road Fund monies that are
eligible for federal reimbursement: Department of Central
Management Services, except for awards made by the Illinois
Workers' Compensation Commission under the terms of the
Workers' Compensation Act or Workers' Occupational Diseases
Act for injury or death of an employee of the Division of
Highways in the Department of Transportation.
    Beginning with fiscal year 1984 and thereafter, no Road
Fund monies shall be appropriated to the following Departments
or agencies of State government for administration, grants, or
operations; but this limitation is not a restriction upon
appropriating for those purposes any Road Fund monies that are
eligible for federal reimbursement:
        1. Illinois State Police, except not more than 40% of
    the funds appropriated for the Division of Patrol
    Operations and Division of Criminal Investigation;
        2. State Officers.
    Beginning with fiscal year 1984 and thereafter, no Road
Fund monies shall be appropriated to any Department or agency
of State government for administration, grants, or operations
except as provided hereafter; but this limitation is not a
restriction upon appropriating for those purposes any Road
Fund monies that are eligible for federal reimbursement. It
shall not be lawful to circumvent the above appropriation
limitations by governmental reorganization or other methods.
Appropriations shall be made from the Road Fund only in
accordance with the provisions of this Section.
    Money in the Road Fund shall, if and when the State of
Illinois incurs any bonded indebtedness for the construction
of permanent highways, be set aside and used for the purpose of
paying and discharging during each fiscal year the principal
and interest on that bonded indebtedness as it becomes due and
payable as provided in the Transportation Bond Act, and for no
other purpose. The surplus, if any, in the Road Fund after the
payment of principal and interest on that bonded indebtedness
then annually due shall be used as follows:
        first -- to pay the cost of administration of Chapters
    2 through 10 of the Illinois Vehicle Code; and
        secondly -- no Road Fund monies derived from fees,
    excises, or license taxes relating to registration,
    operation and use of vehicles on public highways or to
    fuels used for the propulsion of those vehicles, shall be
    appropriated or expended other than for costs of
    administering the laws imposing those fees, excises, and
    license taxes, statutory refunds and adjustments allowed
    thereunder, administrative costs of the Department of
    Transportation, including, but not limited to, the
    operating expenses of the Department relating to the
    administration of public transportation programs, payment
    of debts and liabilities incurred in construction and
    reconstruction of public highways and bridges, acquisition
    of rights-of-way for and the cost of construction,
    reconstruction, maintenance, repair, and operation of
    public highways and bridges under the direction and
    supervision of the State, political subdivision, or
    municipality collecting those monies, or during fiscal
    year 2021 only for the purposes of a grant not to exceed
    $8,394,800 to the Regional Transportation Authority on
    behalf of PACE for the purpose of ADA/Para-transit
    expenses, or during fiscal year 2022 only for the purposes
    of a grant not to exceed $8,394,800 to the Regional
    Transportation Authority on behalf of PACE for the purpose
    of ADA/Para-transit expenses, or during fiscal year 2023
    for the purposes of a grant not to exceed $8,394,800 to the
    Regional Transportation Authority on behalf of PACE for
    the purpose of ADA/Para-transit expenses, and the costs
    for patrolling and policing the public highways (by the
    State, political subdivision, or municipality collecting
    that money) for enforcement of traffic laws. The
    separation of grades of such highways with railroads and
    costs associated with protection of at-grade highway and
    railroad crossing shall also be permissible.
    Appropriations for any of such purposes are payable from
the Road Fund or the Grade Crossing Protection Fund as
provided in Section 8 of the Motor Fuel Tax Law.
    Except as provided in this paragraph, beginning with
fiscal year 1991 and thereafter, no Road Fund monies shall be
appropriated to the Illinois State Police for the purposes of
this Section in excess of its total fiscal year 1990 Road Fund
appropriations for those purposes unless otherwise provided in
Section 5g of this Act. For fiscal years 2003, 2004, 2005,
2006, and 2007 only, no Road Fund monies shall be appropriated
to the Department of State Police for the purposes of this
Section in excess of $97,310,000. For fiscal year 2008 only,
no Road Fund monies shall be appropriated to the Department of
State Police for the purposes of this Section in excess of
$106,100,000. For fiscal year 2009 only, no Road Fund monies
shall be appropriated to the Department of State Police for
the purposes of this Section in excess of $114,700,000.
Beginning in fiscal year 2010, no road fund moneys shall be
appropriated to the Illinois State Police. It shall not be
lawful to circumvent this limitation on appropriations by
governmental reorganization or other methods unless otherwise
provided in Section 5g of this Act.
    In fiscal year 1994, no Road Fund monies shall be
appropriated to the Secretary of State for the purposes of
this Section in excess of the total fiscal year 1991 Road Fund
appropriations to the Secretary of State for those purposes,
plus $9,800,000. It shall not be lawful to circumvent this
limitation on appropriations by governmental reorganization or
other method.
    Beginning with fiscal year 1995 and thereafter, no Road
Fund monies shall be appropriated to the Secretary of State
for the purposes of this Section in excess of the total fiscal
year 1994 Road Fund appropriations to the Secretary of State
for those purposes. It shall not be lawful to circumvent this
limitation on appropriations by governmental reorganization or
other methods.
    Beginning with fiscal year 2000, total Road Fund
appropriations to the Secretary of State for the purposes of
this Section shall not exceed the amounts specified for the
following fiscal years:
    Fiscal Year 2000$80,500,000;
    Fiscal Year 2001$80,500,000;
    Fiscal Year 2002$80,500,000;
    Fiscal Year 2003$130,500,000;
    Fiscal Year 2004$130,500,000;
    Fiscal Year 2005$130,500,000;
    Fiscal Year 2006 $130,500,000;
    Fiscal Year 2007 $130,500,000;
    Fiscal Year 2008$130,500,000;
    Fiscal Year 2009 $130,500,000.
    For fiscal year 2010, no road fund moneys shall be
appropriated to the Secretary of State.
    Beginning in fiscal year 2011, moneys in the Road Fund
shall be appropriated to the Secretary of State for the
exclusive purpose of paying refunds due to overpayment of fees
related to Chapter 3 of the Illinois Vehicle Code unless
otherwise provided for by law.
    It shall not be lawful to circumvent this limitation on
appropriations by governmental reorganization or other
methods.
    No new program may be initiated in fiscal year 1991 and
thereafter that is not consistent with the limitations imposed
by this Section for fiscal year 1984 and thereafter, insofar
as appropriation of Road Fund monies is concerned.
    Nothing in this Section prohibits transfers from the Road
Fund to the State Construction Account Fund under Section 5e
of this Act; nor to the General Revenue Fund, as authorized by
Public Act 93-25.
    The additional amounts authorized for expenditure in this
Section by Public Acts 92-0600, 93-0025, 93-0839, and 94-91
shall be repaid to the Road Fund from the General Revenue Fund
in the next succeeding fiscal year that the General Revenue
Fund has a positive budgetary balance, as determined by
generally accepted accounting principles applicable to
government.
    The additional amounts authorized for expenditure by the
Secretary of State and the Department of State Police in this
Section by Public Act 94-91 shall be repaid to the Road Fund
from the General Revenue Fund in the next succeeding fiscal
year that the General Revenue Fund has a positive budgetary
balance, as determined by generally accepted accounting
principles applicable to government.
(Source: P.A. 101-10, eff. 6-5-19; 101-636, eff. 6-10-20;
102-16, eff. 6-17-21; 102-538, eff. 8-20-21; revised
10-15-21.)
 
    (30 ILCS 105/8.6)  (from Ch. 127, par. 144.6)
    Sec. 8.6. Appropriations for the operation and maintenance
of State garages including the servicing and repair of all
automotive equipment owned or controlled by the State of
Illinois, the purchase of necessary supplies, equipment and
accessories for automotive use, the purchase of public
liability insurance covering drivers of motor vehicles owned
or controlled by the State of Illinois, the design, purchase,
installation, operation, and maintenance of electric vehicle
charging infrastructure and associated improvements to any
property owned or controlled by the State of Illinois, and all
other expenses incident to the operation and maintenance of
the State garages are payable from the State Garage Revolving
Fund. Any money received by a State agency from a third party
as payment for damages to or destruction of a State vehicle and
deposited into the State Garage Revolving Fund shall be
utilized by the Department of Central Management Services for
the benefit of that agency to repair or replace, in whole or in
part, the damaged vehicle. All contracts let under the
provisions of this Act shall be awarded in accordance with the
applicable requirements of the Illinois Purchasing Act.
(Source: P.A. 87-817.)
 
    (30 ILCS 105/8.12)   (from Ch. 127, par. 144.12)
    Sec. 8.12. State Pensions Fund.
    (a) The moneys in the State Pensions Fund shall be used
exclusively for the administration of the Revised Uniform
Unclaimed Property Act and for the expenses incurred by the
Auditor General for administering the provisions of Section
2-8.1 of the Illinois State Auditing Act and for operational
expenses of the Office of the State Treasurer and for the
funding of the unfunded liabilities of the designated
retirement systems. For the purposes of this Section,
"operational expenses of the Office of the State Treasurer"
includes the acquisition of land and buildings in State fiscal
years 2019 and 2020 for use by the Office of the State
Treasurer, as well as construction, reconstruction,
improvement, repair, and maintenance, in accordance with the
provisions of laws relating thereto, of such lands and
buildings beginning in State fiscal year 2019 and thereafter.
Beginning in State fiscal year 2024 2023, payments to the
designated retirement systems under this Section shall be in
addition to, and not in lieu of, any State contributions
required under the Illinois Pension Code.
    "Designated retirement systems" means:
        (1) the State Employees' Retirement System of
    Illinois;
        (2) the Teachers' Retirement System of the State of
    Illinois;
        (3) the State Universities Retirement System;
        (4) the Judges Retirement System of Illinois; and
        (5) the General Assembly Retirement System.
    (b) Each year the General Assembly may make appropriations
from the State Pensions Fund for the administration of the
Revised Uniform Unclaimed Property Act.
    (c) As soon as possible after July 30, 2004 (the effective
date of Public Act 93-839), the General Assembly shall
appropriate from the State Pensions Fund (1) to the State
Universities Retirement System the amount certified under
Section 15-165 during the prior year, (2) to the Judges
Retirement System of Illinois the amount certified under
Section 18-140 during the prior year, and (3) to the General
Assembly Retirement System the amount certified under Section
2-134 during the prior year as part of the required State
contributions to each of those designated retirement systems.
If the amount in the State Pensions Fund does not exceed the
sum of the amounts certified in Sections 15-165, 18-140, and
2-134 by at least $5,000,000, the amount paid to each
designated retirement system under this subsection shall be
reduced in proportion to the amount certified by each of those
designated retirement systems.
    (c-5) For fiscal years 2006 through 2023 2022, the General
Assembly shall appropriate from the State Pensions Fund to the
State Universities Retirement System the amount estimated to
be available during the fiscal year in the State Pensions
Fund; provided, however, that the amounts appropriated under
this subsection (c-5) shall not reduce the amount in the State
Pensions Fund below $5,000,000.
    (c-6) For fiscal year 2024 2023 and each fiscal year
thereafter, as soon as may be practical after any money is
deposited into the State Pensions Fund from the Unclaimed
Property Trust Fund, the State Treasurer shall apportion the
deposited amount among the designated retirement systems as
defined in subsection (a) to reduce their actuarial reserve
deficiencies. The State Comptroller and State Treasurer shall
pay the apportioned amounts to the designated retirement
systems to fund the unfunded liabilities of the designated
retirement systems. The amount apportioned to each designated
retirement system shall constitute a portion of the amount
estimated to be available for appropriation from the State
Pensions Fund that is the same as that retirement system's
portion of the total actual reserve deficiency of the systems,
as determined annually by the Governor's Office of Management
and Budget at the request of the State Treasurer. The amounts
apportioned under this subsection shall not reduce the amount
in the State Pensions Fund below $5,000,000.
    (d) The Governor's Office of Management and Budget shall
determine the individual and total reserve deficiencies of the
designated retirement systems. For this purpose, the
Governor's Office of Management and Budget shall utilize the
latest available audit and actuarial reports of each of the
retirement systems and the relevant reports and statistics of
the Public Employee Pension Fund Division of the Department of
Insurance.
    (d-1) (Blank).
    (e) The changes to this Section made by Public Act 88-593
shall first apply to distributions from the Fund for State
fiscal year 1996.
(Source: P.A. 101-10, eff. 6-5-19; 101-487, eff. 8-23-19;
101-636, eff. 6-10-20; 102-16, eff. 6-17-21.)
 
    (30 ILCS 105/8g-1)
    Sec. 8g-1. Fund transfers.
    (a) (Blank).
    (b) (Blank).
    (c) (Blank).
    (d) (Blank).
    (e) (Blank).
    (f) (Blank).
    (g) (Blank).
    (h) (Blank).
    (i) (Blank).
    (j) (Blank).
    (k) (Blank).
    (l) (Blank).
    (m) (Blank).
    (n) (Blank).
    (o) (Blank).
    (p) (Blank).
    (q) (Blank).
    (r) (Blank).
    (s) (Blank).
    (t) (Blank).
    (u) In addition to any other transfers that may be
provided for by law, on July 1, 2021, or as soon thereafter as
practical, only as directed by the Director of the Governor's
Office of Management and Budget, the State Comptroller shall
direct and the State Treasurer shall transfer the sum of
$5,000,000 from the General Revenue Fund to the DoIT Special
Projects Fund, and on June 1, 2022, or as soon thereafter as
practical, but no later than June 30, 2022, the State
Comptroller shall direct and the State Treasurer shall
transfer the sum so transferred from the DoIT Special Projects
Fund to the General Revenue Fund.
    (v) In addition to any other transfers that may be
provided for by law, on July 1, 2021, or as soon thereafter as
practical, the State Comptroller shall direct and the State
Treasurer shall transfer the sum of $500,000 from the General
Revenue Fund to the Governor's Administrative Fund.
    (w) In addition to any other transfers that may be
provided for by law, on July 1, 2021, or as soon thereafter as
practical, the State Comptroller shall direct and the State
Treasurer shall transfer the sum of $500,000 from the General
Revenue Fund to the Grant Accountability and Transparency
Fund.
    (x) In addition to any other transfers that may be
provided for by law, at a time or times during Fiscal Year 2022
as directed by the Governor, the State Comptroller shall
direct and the State Treasurer shall transfer up to a total of
$20,000,000 from the General Revenue Fund to the Illinois
Sports Facilities Fund to be credited to the Advance Account
within the Fund.
    (y) In addition to any other transfers that may be
provided for by law, on June 15, 2021, or as soon thereafter as
practical, but no later than June 30, 2021, the State
Comptroller shall direct and the State Treasurer shall
transfer the sum of $100,000,000 from the General Revenue Fund
to the Technology Management Revolving Fund.
    (z) In addition to any other transfers that may be
provided for by law, on the effective date of this amendatory
Act of the 102nd General Assembly, or as soon thereafter as
practical, but no later than June 30, 2022, the State
Comptroller shall direct and the State Treasurer shall
transfer the sum of $148,000,000 from the General Revenue Fund
to the Build Illinois Bond Fund.
    (aa) In addition to any other transfers that may be
provided for by law, on the effective date of this amendatory
Act of the 102nd General Assembly, or as soon thereafter as
practical, but no later than June 30, 2022, the State
Comptroller shall direct and the State Treasurer shall
transfer the sum of $180,000,000 from the General Revenue Fund
to the Rebuild Illinois Projects Fund.
    (bb) In addition to any other transfers that may be
provided for by law, on July 1, 2022, or as soon thereafter as
practical, the State Comptroller shall direct and the State
Treasurer shall transfer the sum of $500,000 from the General
Revenue Fund to the Governor's Administrative Fund.
    (cc) In addition to any other transfers that may be
provided for by law, on July 1, 2022, or as soon thereafter as
practical, the State Comptroller shall direct and the State
Treasurer shall transfer the sum of $500,000 from the General
Revenue Fund to the Grant Accountability and Transparency
Fund.
(Source: P.A. 101-10, eff. 6-5-19; 101-636, eff. 6-10-20;
102-16, eff. 6-17-21.)
 
    (30 ILCS 105/13.2)  (from Ch. 127, par. 149.2)
    Sec. 13.2. Transfers among line item appropriations.
    (a) Transfers among line item appropriations from the same
treasury fund for the objects specified in this Section may be
made in the manner provided in this Section when the balance
remaining in one or more such line item appropriations is
insufficient for the purpose for which the appropriation was
made.
    (a-1) No transfers may be made from one agency to another
agency, nor may transfers be made from one institution of
higher education to another institution of higher education
except as provided by subsection (a-4).
    (a-2) Except as otherwise provided in this Section,
transfers may be made only among the objects of expenditure
enumerated in this Section, except that no funds may be
transferred from any appropriation for personal services, from
any appropriation for State contributions to the State
Employees' Retirement System, from any separate appropriation
for employee retirement contributions paid by the employer,
nor from any appropriation for State contribution for employee
group insurance.
    (a-2.5) (Blank).
    (a-3) Further, if an agency receives a separate
appropriation for employee retirement contributions paid by
the employer, any transfer by that agency into an
appropriation for personal services must be accompanied by a
corresponding transfer into the appropriation for employee
retirement contributions paid by the employer, in an amount
sufficient to meet the employer share of the employee
contributions required to be remitted to the retirement
system.
    (a-4) Long-Term Care Rebalancing. The Governor may
designate amounts set aside for institutional services
appropriated from the General Revenue Fund or any other State
fund that receives monies for long-term care services to be
transferred to all State agencies responsible for the
administration of community-based long-term care programs,
including, but not limited to, community-based long-term care
programs administered by the Department of Healthcare and
Family Services, the Department of Human Services, and the
Department on Aging, provided that the Director of Healthcare
and Family Services first certifies that the amounts being
transferred are necessary for the purpose of assisting persons
in or at risk of being in institutional care to transition to
community-based settings, including the financial data needed
to prove the need for the transfer of funds. The total amounts
transferred shall not exceed 4% in total of the amounts
appropriated from the General Revenue Fund or any other State
fund that receives monies for long-term care services for each
fiscal year. A notice of the fund transfer must be made to the
General Assembly and posted at a minimum on the Department of
Healthcare and Family Services website, the Governor's Office
of Management and Budget website, and any other website the
Governor sees fit. These postings shall serve as notice to the
General Assembly of the amounts to be transferred. Notice
shall be given at least 30 days prior to transfer.
    (b) In addition to the general transfer authority provided
under subsection (c), the following agencies have the specific
transfer authority granted in this subsection:
    The Department of Healthcare and Family Services is
authorized to make transfers representing savings attributable
to not increasing grants due to the births of additional
children from line items for payments of cash grants to line
items for payments for employment and social services for the
purposes outlined in subsection (f) of Section 4-2 of the
Illinois Public Aid Code.
    The Department of Children and Family Services is
authorized to make transfers not exceeding 2% of the aggregate
amount appropriated to it within the same treasury fund for
the following line items among these same line items: Foster
Home and Specialized Foster Care and Prevention, Institutions
and Group Homes and Prevention, and Purchase of Adoption and
Guardianship Services.
    The Department on Aging is authorized to make transfers
not exceeding 10% of the aggregate amount appropriated to it
within the same treasury fund for the following Community Care
Program line items among these same line items: purchase of
services covered by the Community Care Program and
Comprehensive Case Coordination.
    The State Board of Education is authorized to make
transfers from line item appropriations within the same
treasury fund for General State Aid, General State Aid - Hold
Harmless, and Evidence-Based Funding, provided that no such
transfer may be made unless the amount transferred is no
longer required for the purpose for which that appropriation
was made, to the line item appropriation for Transitional
Assistance when the balance remaining in such line item
appropriation is insufficient for the purpose for which the
appropriation was made.
    The State Board of Education is authorized to make
transfers between the following line item appropriations
within the same treasury fund: Disabled Student
Services/Materials (Section 14-13.01 of the School Code),
Disabled Student Transportation Reimbursement (Section
14-13.01 of the School Code), Disabled Student Tuition -
Private Tuition (Section 14-7.02 of the School Code),
Extraordinary Special Education (Section 14-7.02b of the
School Code), Reimbursement for Free Lunch/Breakfast Program,
Summer School Payments (Section 18-4.3 of the School Code),
and Transportation - Regular/Vocational Reimbursement (Section
29-5 of the School Code). Such transfers shall be made only
when the balance remaining in one or more such line item
appropriations is insufficient for the purpose for which the
appropriation was made and provided that no such transfer may
be made unless the amount transferred is no longer required
for the purpose for which that appropriation was made.
    The Department of Healthcare and Family Services is
authorized to make transfers not exceeding 4% of the aggregate
amount appropriated to it, within the same treasury fund,
among the various line items appropriated for Medical
Assistance.
    The Department of Central Management Services is
authorized to make transfers not exceeding 2% of the aggregate
amount appropriated to it, within the same treasury fund, from
the various line items appropriated to the Department, into
the following line item appropriations: auto liability claims
and related expenses and payment of claims under the State
Employee Indemnification Act.
    (c) The sum of such transfers for an agency in a fiscal
year shall not exceed 2% of the aggregate amount appropriated
to it within the same treasury fund for the following objects:
Personal Services; Extra Help; Student and Inmate
Compensation; State Contributions to Retirement Systems; State
Contributions to Social Security; State Contribution for
Employee Group Insurance; Contractual Services; Travel;
Commodities; Printing; Equipment; Electronic Data Processing;
Operation of Automotive Equipment; Telecommunications
Services; Travel and Allowance for Committed, Paroled and
Discharged Prisoners; Library Books; Federal Matching Grants
for Student Loans; Refunds; Workers' Compensation,
Occupational Disease, and Tort Claims; Late Interest Penalties
under the State Prompt Payment Act and Sections 368a and 370a
of the Illinois Insurance Code; and, in appropriations to
institutions of higher education, Awards and Grants.
Notwithstanding the above, any amounts appropriated for
payment of workers' compensation claims to an agency to which
the authority to evaluate, administer and pay such claims has
been delegated by the Department of Central Management
Services may be transferred to any other expenditure object
where such amounts exceed the amount necessary for the payment
of such claims.
    (c-1) (Blank).
    (c-2) (Blank).
    (c-3) (Blank).
    (c-4) (Blank).
    (c-5) (Blank).
    (c-6) (Blank).
    (c-7) (Blank). Special provisions for State fiscal year
2021. Notwithstanding any other provision of this Section, for
State fiscal year 2021, transfers among line item
appropriations to a State agency from the same State treasury
fund may be made for operational or lump sum expenses only,
provided that the sum of such transfers for a State agency in
State fiscal year 2021 shall not exceed 8% of the aggregate
amount appropriated to that State agency for operational or
lump sum expenses for State fiscal year 2021. For the purpose
of this subsection, "operational or lump sum expenses"
includes the following objects: personal services; extra help;
student and inmate compensation; State contributions to
retirement systems; State contributions to social security;
State contributions for employee group insurance; contractual
services; travel; commodities; printing; equipment; electronic
data processing; operation of automotive equipment;
telecommunications services; travel and allowance for
committed, paroled, and discharged prisoners; library books;
federal matching grants for student loans; refunds; workers'
compensation, occupational disease, and tort claims; Late
Interest Penalties under the State Prompt Payment Act and
Sections 368a and 370a of the Illinois Insurance Code; lump
sum and other purposes; and lump sum operations. For the
purpose of this subsection, "State agency" does not include
the Attorney General, the Secretary of State, the Comptroller,
the Treasurer, or the judicial or legislative branches.
    (c-8) Special provisions for State fiscal year 2022.
Notwithstanding any other provision of this Section, for State
fiscal year 2022, transfers among line item appropriations to
a State agency from the same State treasury fund may be made
for operational or lump sum expenses only, provided that the
sum of such transfers for a State agency in State fiscal year
2022 shall not exceed 4% of the aggregate amount appropriated
to that State agency for operational or lump sum expenses for
State fiscal year 2022. For the purpose of this subsection,
"operational or lump sum expenses" includes the following
objects: personal services; extra help; student and inmate
compensation; State contributions to retirement systems; State
contributions to social security; State contributions for
employee group insurance; contractual services; travel;
commodities; printing; equipment; electronic data processing;
operation of automotive equipment; telecommunications
services; travel and allowance for committed, paroled, and
discharged prisoners; library books; federal matching grants
for student loans; refunds; workers' compensation,
occupational disease, and tort claims; Late Interest Penalties
under the State Prompt Payment Act and Sections 368a and 370a
of the Illinois Insurance Code; lump sum and other purposes;
and lump sum operations. For the purpose of this subsection,
"State agency" does not include the Attorney General, the
Secretary of State, the Comptroller, the Treasurer, or the
judicial or legislative branches.
    (c-9) Special provisions for State fiscal year 2023.
Notwithstanding any other provision of this Section, for State
fiscal year 2023, transfers among line item appropriations to
a State agency from the same State treasury fund may be made
for operational or lump sum expenses only, provided that the
sum of such transfers for a State agency in State fiscal year
2023 shall not exceed 4% of the aggregate amount appropriated
to that State agency for operational or lump sum expenses for
State fiscal year 2023. For the purpose of this subsection,
"operational or lump sum expenses" includes the following
objects: personal services; extra help; student and inmate
compensation; State contributions to retirement systems; State
contributions to social security; State contributions for
employee group insurance; contractual services; travel;
commodities; printing; equipment; electronic data processing;
operation of automotive equipment; telecommunications
services; travel and allowance for committed, paroled, and
discharged prisoners; library books; federal matching grants
for student loans; refunds; workers' compensation,
occupational disease, and tort claims; late interest penalties
under the State Prompt Payment Act and Sections 368a and 370a
of the Illinois Insurance Code; lump sum and other purposes;
and lump sum operations. For the purpose of this subsection,
"State agency" does not include the Attorney General, the
Secretary of State, the Comptroller, the Treasurer, or the
judicial or legislative branches.
    (d) Transfers among appropriations made to agencies of the
Legislative and Judicial departments and to the
constitutionally elected officers in the Executive branch
require the approval of the officer authorized in Section 10
of this Act to approve and certify vouchers. Transfers among
appropriations made to the University of Illinois, Southern
Illinois University, Chicago State University, Eastern
Illinois University, Governors State University, Illinois
State University, Northeastern Illinois University, Northern
Illinois University, Western Illinois University, the Illinois
Mathematics and Science Academy and the Board of Higher
Education require the approval of the Board of Higher
Education and the Governor. Transfers among appropriations to
all other agencies require the approval of the Governor.
    The officer responsible for approval shall certify that
the transfer is necessary to carry out the programs and
purposes for which the appropriations were made by the General
Assembly and shall transmit to the State Comptroller a
certified copy of the approval which shall set forth the
specific amounts transferred so that the Comptroller may
change his records accordingly. The Comptroller shall furnish
the Governor with information copies of all transfers approved
for agencies of the Legislative and Judicial departments and
transfers approved by the constitutionally elected officials
of the Executive branch other than the Governor, showing the
amounts transferred and indicating the dates such changes were
entered on the Comptroller's records.
    (e) The State Board of Education, in consultation with the
State Comptroller, may transfer line item appropriations for
General State Aid or Evidence-Based Funding among the Common
School Fund and the Education Assistance Fund, and, for State
fiscal year 2020 and each fiscal year thereafter, the Fund for
the Advancement of Education. With the advice and consent of
the Governor's Office of Management and Budget, the State
Board of Education, in consultation with the State
Comptroller, may transfer line item appropriations between the
General Revenue Fund and the Education Assistance Fund for the
following programs:
        (1) Disabled Student Personnel Reimbursement (Section
    14-13.01 of the School Code);
        (2) Disabled Student Transportation Reimbursement
    (subsection (b) of Section 14-13.01 of the School Code);
        (3) Disabled Student Tuition - Private Tuition
    (Section 14-7.02 of the School Code);
        (4) Extraordinary Special Education (Section 14-7.02b
    of the School Code);
        (5) Reimbursement for Free Lunch/Breakfast Programs;
        (6) Summer School Payments (Section 18-4.3 of the
    School Code);
        (7) Transportation - Regular/Vocational Reimbursement
    (Section 29-5 of the School Code);
        (8) Regular Education Reimbursement (Section 18-3 of
    the School Code); and
        (9) Special Education Reimbursement (Section 14-7.03
    of the School Code).
    (f) For State fiscal year 2020 and each fiscal year
thereafter, the Department on Aging, in consultation with the
State Comptroller, with the advice and consent of the
Governor's Office of Management and Budget, may transfer line
item appropriations for purchase of services covered by the
Community Care Program between the General Revenue Fund and
the Commitment to Human Services Fund.
(Source: P.A. 101-10, eff. 6-5-19; 101-81, eff. 7-12-19;
101-275, eff. 8-9-19; 101-636, eff. 6-10-20; 102-16, eff.
6-17-21.)
 
    (30 ILCS 105/24.2)  (from Ch. 127, par. 160.2)
    Sec. 24.2. The item "operation of automotive equipment",
when used in an appropriation act, means and includes all
expenditures incurred in the operation, maintenance and repair
of automotive equipment, including expenditures for motor
fuel, tires, oil, electric vehicle batteries, electric vehicle
components, electric vehicle diagnostic tools, repair parts,
and other articles which, except for the operation of this
Section section, would be classified as "commodities" or
"contractual services", but not including expenditures for the
purchase or rental of equipment.
(Source: P.A. 84-428.)
 
    (30 ILCS 105/25)  (from Ch. 127, par. 161)
    Sec. 25. Fiscal year limitations.
    (a) All appropriations shall be available for expenditure
for the fiscal year or for a lesser period if the Act making
that appropriation so specifies. A deficiency or emergency
appropriation shall be available for expenditure only through
June 30 of the year when the Act making that appropriation is
enacted unless that Act otherwise provides.
    (b) Outstanding liabilities as of June 30, payable from
appropriations which have otherwise expired, may be paid out
of the expiring appropriations during the 2-month period
ending at the close of business on August 31. Any service
involving professional or artistic skills or any personal
services by an employee whose compensation is subject to
income tax withholding must be performed as of June 30 of the
fiscal year in order to be considered an "outstanding
liability as of June 30" that is thereby eligible for payment
out of the expiring appropriation.
    (b-1) However, payment of tuition reimbursement claims
under Section 14-7.03 or 18-3 of the School Code may be made by
the State Board of Education from its appropriations for those
respective purposes for any fiscal year, even though the
claims reimbursed by the payment may be claims attributable to
a prior fiscal year, and payments may be made at the direction
of the State Superintendent of Education from the fund from
which the appropriation is made without regard to any fiscal
year limitations, except as required by subsection (j) of this
Section. Beginning on June 30, 2021, payment of tuition
reimbursement claims under Section 14-7.03 or 18-3 of the
School Code as of June 30, payable from appropriations that
have otherwise expired, may be paid out of the expiring
appropriation during the 4-month period ending at the close of
business on October 31.
    (b-2) (Blank).
    (b-2.5) (Blank).
    (b-2.6) (Blank).
    (b-2.6a) (Blank).
    (b-2.6b) (Blank).
    (b-2.6c) (Blank).
    (b-2.6d) All outstanding liabilities as of June 30, 2020,
payable from appropriations that would otherwise expire at the
conclusion of the lapse period for fiscal year 2020, and
interest penalties payable on those liabilities under the
State Prompt Payment Act, may be paid out of the expiring
appropriations until December 31, 2020, without regard to the
fiscal year in which the payment is made, as long as vouchers
for the liabilities are received by the Comptroller no later
than September 30, 2020.
    (b-2.6e) All outstanding liabilities as of June 30, 2021,
payable from appropriations that would otherwise expire at the
conclusion of the lapse period for fiscal year 2021, and
interest penalties payable on those liabilities under the
State Prompt Payment Act, may be paid out of the expiring
appropriations until September 30, 2021, without regard to the
fiscal year in which the payment is made.
    (b-2.7) For fiscal years 2012, 2013, 2014, 2018, 2019,
2020, 2021, and 2022, and 2023, interest penalties payable
under the State Prompt Payment Act associated with a voucher
for which payment is issued after June 30 may be paid out of
the next fiscal year's appropriation. The future year
appropriation must be for the same purpose and from the same
fund as the original payment. An interest penalty voucher
submitted against a future year appropriation must be
submitted within 60 days after the issuance of the associated
voucher, except that, for fiscal year 2018 only, an interest
penalty voucher submitted against a future year appropriation
must be submitted within 60 days of June 5, 2019 (the effective
date of Public Act 101-10). The Comptroller must issue the
interest payment within 60 days after acceptance of the
interest voucher.
    (b-3) Medical payments may be made by the Department of
Veterans' Affairs from its appropriations for those purposes
for any fiscal year, without regard to the fact that the
medical services being compensated for by such payment may
have been rendered in a prior fiscal year, except as required
by subsection (j) of this Section. Beginning on June 30, 2021,
medical payments payable from appropriations that have
otherwise expired may be paid out of the expiring
appropriation during the 4-month period ending at the close of
business on October 31.
    (b-4) Medical payments and child care payments may be made
by the Department of Human Services (as successor to the
Department of Public Aid) from appropriations for those
purposes for any fiscal year, without regard to the fact that
the medical or child care services being compensated for by
such payment may have been rendered in a prior fiscal year; and
payments may be made at the direction of the Department of
Healthcare and Family Services (or successor agency) from the
Health Insurance Reserve Fund without regard to any fiscal
year limitations, except as required by subsection (j) of this
Section. Beginning on June 30, 2021, medical and child care
payments made by the Department of Human Services and payments
made at the discretion of the Department of Healthcare and
Family Services (or successor agency) from the Health
Insurance Reserve Fund and payable from appropriations that
have otherwise expired may be paid out of the expiring
appropriation during the 4-month period ending at the close of
business on October 31.
    (b-5) Medical payments may be made by the Department of
Human Services from its appropriations relating to substance
abuse treatment services for any fiscal year, without regard
to the fact that the medical services being compensated for by
such payment may have been rendered in a prior fiscal year,
provided the payments are made on a fee-for-service basis
consistent with requirements established for Medicaid
reimbursement by the Department of Healthcare and Family
Services, except as required by subsection (j) of this
Section. Beginning on June 30, 2021, medical payments made by
the Department of Human Services relating to substance abuse
treatment services payable from appropriations that have
otherwise expired may be paid out of the expiring
appropriation during the 4-month period ending at the close of
business on October 31.
    (b-6) (Blank).
    (b-7) Payments may be made in accordance with a plan
authorized by paragraph (11) or (12) of Section 405-105 of the
Department of Central Management Services Law from
appropriations for those payments without regard to fiscal
year limitations.
    (b-8) Reimbursements to eligible airport sponsors for the
construction or upgrading of Automated Weather Observation
Systems may be made by the Department of Transportation from
appropriations for those purposes for any fiscal year, without
regard to the fact that the qualification or obligation may
have occurred in a prior fiscal year, provided that at the time
the expenditure was made the project had been approved by the
Department of Transportation prior to June 1, 2012 and, as a
result of recent changes in federal funding formulas, can no
longer receive federal reimbursement.
    (b-9) (Blank).
    (c) Further, payments may be made by the Department of
Public Health and the Department of Human Services (acting as
successor to the Department of Public Health under the
Department of Human Services Act) from their respective
appropriations for grants for medical care to or on behalf of
premature and high-mortality risk infants and their mothers
and for grants for supplemental food supplies provided under
the United States Department of Agriculture Women, Infants and
Children Nutrition Program, for any fiscal year without regard
to the fact that the services being compensated for by such
payment may have been rendered in a prior fiscal year, except
as required by subsection (j) of this Section. Beginning on
June 30, 2021, payments made by the Department of Public
Health and the Department of Human Services from their
respective appropriations for grants for medical care to or on
behalf of premature and high-mortality risk infants and their
mothers and for grants for supplemental food supplies provided
under the United States Department of Agriculture Women,
Infants and Children Nutrition Program payable from
appropriations that have otherwise expired may be paid out of
the expiring appropriations during the 4-month period ending
at the close of business on October 31.
    (d) The Department of Public Health and the Department of
Human Services (acting as successor to the Department of
Public Health under the Department of Human Services Act)
shall each annually submit to the State Comptroller, Senate
President, Senate Minority Leader, Speaker of the House, House
Minority Leader, and the respective Chairmen and Minority
Spokesmen of the Appropriations Committees of the Senate and
the House, on or before December 31, a report of fiscal year
funds used to pay for services provided in any prior fiscal
year. This report shall document by program or service
category those expenditures from the most recently completed
fiscal year used to pay for services provided in prior fiscal
years.
    (e) The Department of Healthcare and Family Services, the
Department of Human Services (acting as successor to the
Department of Public Aid), and the Department of Human
Services making fee-for-service payments relating to substance
abuse treatment services provided during a previous fiscal
year shall each annually submit to the State Comptroller,
Senate President, Senate Minority Leader, Speaker of the
House, House Minority Leader, the respective Chairmen and
Minority Spokesmen of the Appropriations Committees of the
Senate and the House, on or before November 30, a report that
shall document by program or service category those
expenditures from the most recently completed fiscal year used
to pay for (i) services provided in prior fiscal years and (ii)
services for which claims were received in prior fiscal years.
    (f) The Department of Human Services (as successor to the
Department of Public Aid) shall annually submit to the State
Comptroller, Senate President, Senate Minority Leader, Speaker
of the House, House Minority Leader, and the respective
Chairmen and Minority Spokesmen of the Appropriations
Committees of the Senate and the House, on or before December
31, a report of fiscal year funds used to pay for services
(other than medical care) provided in any prior fiscal year.
This report shall document by program or service category
those expenditures from the most recently completed fiscal
year used to pay for services provided in prior fiscal years.
    (g) In addition, each annual report required to be
submitted by the Department of Healthcare and Family Services
under subsection (e) shall include the following information
with respect to the State's Medicaid program:
        (1) Explanations of the exact causes of the variance
    between the previous year's estimated and actual
    liabilities.
        (2) Factors affecting the Department of Healthcare and
    Family Services' liabilities, including, but not limited
    to, numbers of aid recipients, levels of medical service
    utilization by aid recipients, and inflation in the cost
    of medical services.
        (3) The results of the Department's efforts to combat
    fraud and abuse.
    (h) As provided in Section 4 of the General Assembly
Compensation Act, any utility bill for service provided to a
General Assembly member's district office for a period
including portions of 2 consecutive fiscal years may be paid
from funds appropriated for such expenditure in either fiscal
year.
    (i) An agency which administers a fund classified by the
Comptroller as an internal service fund may issue rules for:
        (1) billing user agencies in advance for payments or
    authorized inter-fund transfers based on estimated charges
    for goods or services;
        (2) issuing credits, refunding through inter-fund
    transfers, or reducing future inter-fund transfers during
    the subsequent fiscal year for all user agency payments or
    authorized inter-fund transfers received during the prior
    fiscal year which were in excess of the final amounts owed
    by the user agency for that period; and
        (3) issuing catch-up billings to user agencies during
    the subsequent fiscal year for amounts remaining due when
    payments or authorized inter-fund transfers received from
    the user agency during the prior fiscal year were less
    than the total amount owed for that period.
User agencies are authorized to reimburse internal service
funds for catch-up billings by vouchers drawn against their
respective appropriations for the fiscal year in which the
catch-up billing was issued or by increasing an authorized
inter-fund transfer during the current fiscal year. For the
purposes of this Act, "inter-fund transfers" means transfers
without the use of the voucher-warrant process, as authorized
by Section 9.01 of the State Comptroller Act.
    (i-1) Beginning on July 1, 2021, all outstanding
liabilities, not payable during the 4-month lapse period as
described in subsections (b-1), (b-3), (b-4), (b-5), and (c)
of this Section, that are made from appropriations for that
purpose for any fiscal year, without regard to the fact that
the services being compensated for by those payments may have
been rendered in a prior fiscal year, are limited to only those
claims that have been incurred but for which a proper bill or
invoice as defined by the State Prompt Payment Act has not been
received by September 30th following the end of the fiscal
year in which the service was rendered.
    (j) Notwithstanding any other provision of this Act, the
aggregate amount of payments to be made without regard for
fiscal year limitations as contained in subsections (b-1),
(b-3), (b-4), (b-5), and (c) of this Section, and determined
by using Generally Accepted Accounting Principles, shall not
exceed the following amounts:
        (1) $6,000,000,000 for outstanding liabilities related
    to fiscal year 2012;
        (2) $5,300,000,000 for outstanding liabilities related
    to fiscal year 2013;
        (3) $4,600,000,000 for outstanding liabilities related
    to fiscal year 2014;
        (4) $4,000,000,000 for outstanding liabilities related
    to fiscal year 2015;
        (5) $3,300,000,000 for outstanding liabilities related
    to fiscal year 2016;
        (6) $2,600,000,000 for outstanding liabilities related
    to fiscal year 2017;
        (7) $2,000,000,000 for outstanding liabilities related
    to fiscal year 2018;
        (8) $1,300,000,000 for outstanding liabilities related
    to fiscal year 2019;
        (9) $600,000,000 for outstanding liabilities related
    to fiscal year 2020; and
        (10) $0 for outstanding liabilities related to fiscal
    year 2021 and fiscal years thereafter.
    (k) Department of Healthcare and Family Services Medical
Assistance Payments.
        (1) Definition of Medical Assistance.
            For purposes of this subsection, the term "Medical
        Assistance" shall include, but not necessarily be
        limited to, medical programs and services authorized
        under Titles XIX and XXI of the Social Security Act,
        the Illinois Public Aid Code, the Children's Health
        Insurance Program Act, the Covering ALL KIDS Health
        Insurance Act, the Long Term Acute Care Hospital
        Quality Improvement Transfer Program Act, and medical
        care to or on behalf of persons suffering from chronic
        renal disease, persons suffering from hemophilia, and
        victims of sexual assault.
        (2) Limitations on Medical Assistance payments that
    may be paid from future fiscal year appropriations.
            (A) The maximum amounts of annual unpaid Medical
        Assistance bills received and recorded by the
        Department of Healthcare and Family Services on or
        before June 30th of a particular fiscal year
        attributable in aggregate to the General Revenue Fund,
        Healthcare Provider Relief Fund, Tobacco Settlement
        Recovery Fund, Long-Term Care Provider Fund, and the
        Drug Rebate Fund that may be paid in total by the
        Department from future fiscal year Medical Assistance
        appropriations to those funds are: $700,000,000 for
        fiscal year 2013 and $100,000,000 for fiscal year 2014
        and each fiscal year thereafter.
            (B) Bills for Medical Assistance services rendered
        in a particular fiscal year, but received and recorded
        by the Department of Healthcare and Family Services
        after June 30th of that fiscal year, may be paid from
        either appropriations for that fiscal year or future
        fiscal year appropriations for Medical Assistance.
        Such payments shall not be subject to the requirements
        of subparagraph (A).
            (C) Medical Assistance bills received by the
        Department of Healthcare and Family Services in a
        particular fiscal year, but subject to payment amount
        adjustments in a future fiscal year may be paid from a
        future fiscal year's appropriation for Medical
        Assistance. Such payments shall not be subject to the
        requirements of subparagraph (A).
            (D) Medical Assistance payments made by the
        Department of Healthcare and Family Services from
        funds other than those specifically referenced in
        subparagraph (A) may be made from appropriations for
        those purposes for any fiscal year without regard to
        the fact that the Medical Assistance services being
        compensated for by such payment may have been rendered
        in a prior fiscal year. Such payments shall not be
        subject to the requirements of subparagraph (A).
        (3) Extended lapse period for Department of Healthcare
    and Family Services Medical Assistance payments.
    Notwithstanding any other State law to the contrary,
    outstanding Department of Healthcare and Family Services
    Medical Assistance liabilities, as of June 30th, payable
    from appropriations which have otherwise expired, may be
    paid out of the expiring appropriations during the 4-month
    period ending at the close of business on October 31st.
    (l) The changes to this Section made by Public Act 97-691
shall be effective for payment of Medical Assistance bills
incurred in fiscal year 2013 and future fiscal years. The
changes to this Section made by Public Act 97-691 shall not be
applied to Medical Assistance bills incurred in fiscal year
2012 or prior fiscal years.
    (m) The Comptroller must issue payments against
outstanding liabilities that were received prior to the lapse
period deadlines set forth in this Section as soon thereafter
as practical, but no payment may be issued after the 4 months
following the lapse period deadline without the signed
authorization of the Comptroller and the Governor.
(Source: P.A. 101-10, eff. 6-5-19; 101-275, eff. 8-9-19;
101-636, eff. 6-10-20; 102-16, eff. 6-17-21; 102-291, eff.
8-6-21; revised 9-28-21.)
 
    Section 5-40. The State Revenue Sharing Act is amended by
changing Section 12 as follows:
 
    (30 ILCS 115/12)  (from Ch. 85, par. 616)
    Sec. 12. Personal Property Tax Replacement Fund. There is
hereby created the Personal Property Tax Replacement Fund, a
special fund in the State Treasury into which shall be paid all
revenue realized:
        (a) all amounts realized from the additional personal
    property tax replacement income tax imposed by subsections
    (c) and (d) of Section 201 of the Illinois Income Tax Act,
    except for those amounts deposited into the Income Tax
    Refund Fund pursuant to subsection (c) of Section 901 of
    the Illinois Income Tax Act; and
        (b) all amounts realized from the additional personal
    property replacement invested capital taxes imposed by
    Section 2a.1 of the Messages Tax Act, Section 2a.1 of the
    Gas Revenue Tax Act, Section 2a.1 of the Public Utilities
    Revenue Act, and Section 3 of the Water Company Invested
    Capital Tax Act, and amounts payable to the Department of
    Revenue under the Telecommunications Infrastructure
    Maintenance Fee Act.
    As soon as may be after the end of each month, the
Department of Revenue shall certify to the Treasurer and the
Comptroller the amount of all refunds paid out of the General
Revenue Fund through the preceding month on account of
overpayment of liability on taxes paid into the Personal
Property Tax Replacement Fund. Upon receipt of such
certification, the Treasurer and the Comptroller shall
transfer the amount so certified from the Personal Property
Tax Replacement Fund into the General Revenue Fund.
    The payments of revenue into the Personal Property Tax
Replacement Fund shall be used exclusively for distribution to
taxing districts, regional offices and officials, and local
officials as provided in this Section and in the School Code,
payment of the ordinary and contingent expenses of the
Property Tax Appeal Board, payment of the expenses of the
Department of Revenue incurred in administering the collection
and distribution of monies paid into the Personal Property Tax
Replacement Fund and transfers due to refunds to taxpayers for
overpayment of liability for taxes paid into the Personal
Property Tax Replacement Fund.
    In addition, moneys in the Personal Property Tax
Replacement Fund may be used to pay any of the following: (i)
salary, stipends, and additional compensation as provided by
law for chief election clerks, county clerks, and county
recorders; (ii) costs associated with regional offices of
education and educational service centers; (iii)
reimbursements payable by the State Board of Elections under
Section 4-25, 5-35, 6-71, 13-10, 13-10a, or 13-11 of the
Election Code; (iv) expenses of the Illinois Educational Labor
Relations Board; and (v) salary, personal services, and
additional compensation as provided by law for court reporters
under the Court Reporters Act.
    As soon as may be after June 26, 1980 (the effective date
of Public Act 81-1255), the Department of Revenue shall
certify to the Treasurer the amount of net replacement revenue
paid into the General Revenue Fund prior to that effective
date from the additional tax imposed by Section 2a.1 of the
Messages Tax Act; Section 2a.1 of the Gas Revenue Tax Act;
Section 2a.1 of the Public Utilities Revenue Act; Section 3 of
the Water Company Invested Capital Tax Act; amounts collected
by the Department of Revenue under the Telecommunications
Infrastructure Maintenance Fee Act; and the additional
personal property tax replacement income tax imposed by the
Illinois Income Tax Act, as amended by Public Act 81-1st
Special Session-1. Net replacement revenue shall be defined as
the total amount paid into and remaining in the General
Revenue Fund as a result of those Acts minus the amount
outstanding and obligated from the General Revenue Fund in
state vouchers or warrants prior to June 26, 1980 (the
effective date of Public Act 81-1255) as refunds to taxpayers
for overpayment of liability under those Acts.
    All interest earned by monies accumulated in the Personal
Property Tax Replacement Fund shall be deposited in such Fund.
All amounts allocated pursuant to this Section are
appropriated on a continuing basis.
    Prior to December 31, 1980, as soon as may be after the end
of each quarter beginning with the quarter ending December 31,
1979, and on and after December 31, 1980, as soon as may be
after January 1, March 1, April 1, May 1, July 1, August 1,
October 1 and December 1 of each year, the Department of
Revenue shall allocate to each taxing district as defined in
Section 1-150 of the Property Tax Code, in accordance with the
provisions of paragraph (2) of this Section the portion of the
funds held in the Personal Property Tax Replacement Fund which
is required to be distributed, as provided in paragraph (1),
for each quarter. Provided, however, under no circumstances
shall any taxing district during each of the first two years of
distribution of the taxes imposed by Public Act 81-1st Special
Session-1 be entitled to an annual allocation which is less
than the funds such taxing district collected from the 1978
personal property tax. Provided further that under no
circumstances shall any taxing district during the third year
of distribution of the taxes imposed by Public Act 81-1st
Special Session-1 receive less than 60% of the funds such
taxing district collected from the 1978 personal property tax.
In the event that the total of the allocations made as above
provided for all taxing districts, during either of such 3
years, exceeds the amount available for distribution the
allocation of each taxing district shall be proportionately
reduced. Except as provided in Section 13 of this Act, the
Department shall then certify, pursuant to appropriation, such
allocations to the State Comptroller who shall pay over to the
several taxing districts the respective amounts allocated to
them.
    Any township which receives an allocation based in whole
or in part upon personal property taxes which it levied
pursuant to Section 6-507 or 6-512 of the Illinois Highway
Code and which was previously required to be paid over to a
municipality shall immediately pay over to that municipality a
proportionate share of the personal property replacement funds
which such township receives.
    Any municipality or township, other than a municipality
with a population in excess of 500,000, which receives an
allocation based in whole or in part on personal property
taxes which it levied pursuant to Sections 3-1, 3-4 and 3-6 of
the Illinois Local Library Act and which was previously
required to be paid over to a public library shall immediately
pay over to that library a proportionate share of the personal
property tax replacement funds which such municipality or
township receives; provided that if such a public library has
converted to a library organized under the Illinois Public
Library District Act, regardless of whether such conversion
has occurred on, after or before January 1, 1988, such
proportionate share shall be immediately paid over to the
library district which maintains and operates the library.
However, any library that has converted prior to January 1,
1988, and which hitherto has not received the personal
property tax replacement funds, shall receive such funds
commencing on January 1, 1988.
    Any township which receives an allocation based in whole
or in part on personal property taxes which it levied pursuant
to Section 1c of the Public Graveyards Act and which taxes were
previously required to be paid over to or used for such public
cemetery or cemeteries shall immediately pay over to or use
for such public cemetery or cemeteries a proportionate share
of the personal property tax replacement funds which the
township receives.
    Any taxing district which receives an allocation based in
whole or in part upon personal property taxes which it levied
for another governmental body or school district in Cook
County in 1976 or for another governmental body or school
district in the remainder of the State in 1977 shall
immediately pay over to that governmental body or school
district the amount of personal property replacement funds
which such governmental body or school district would receive
directly under the provisions of paragraph (2) of this
Section, had it levied its own taxes.
        (1) The portion of the Personal Property Tax
    Replacement Fund required to be distributed as of the time
    allocation is required to be made shall be the amount
    available in such Fund as of the time allocation is
    required to be made.
        The amount available for distribution shall be the
    total amount in the fund at such time minus the necessary
    administrative and other authorized expenses as limited by
    the appropriation and the amount determined by: (a) $2.8
    million for fiscal year 1981; (b) for fiscal year 1982,
    .54% of the funds distributed from the fund during the
    preceding fiscal year; (c) for fiscal year 1983 through
    fiscal year 1988, .54% of the funds distributed from the
    fund during the preceding fiscal year less .02% of such
    fund for fiscal year 1983 and less .02% of such funds for
    each fiscal year thereafter; (d) for fiscal year 1989
    through fiscal year 2011 no more than 105% of the actual
    administrative expenses of the prior fiscal year; (e) for
    fiscal year 2012 and beyond, a sufficient amount to pay
    (i) stipends, additional compensation, salary
    reimbursements, and other amounts directed to be paid out
    of this Fund for local officials as authorized or required
    by statute and (ii) the ordinary and contingent expenses
    of the Property Tax Appeal Board and the expenses of the
    Department of Revenue incurred in administering the
    collection and distribution of moneys paid into the Fund;
    (f) for fiscal years 2012 and 2013 only, a sufficient
    amount to pay stipends, additional compensation, salary
    reimbursements, and other amounts directed to be paid out
    of this Fund for regional offices and officials as
    authorized or required by statute; or (g) for fiscal years
    2018 through 2023 2022 only, a sufficient amount to pay
    amounts directed to be paid out of this Fund for public
    community college base operating grants and local health
    protection grants to certified local health departments as
    authorized or required by appropriation or statute. Such
    portion of the fund shall be determined after the transfer
    into the General Revenue Fund due to refunds, if any, paid
    from the General Revenue Fund during the preceding
    quarter. If at any time, for any reason, there is
    insufficient amount in the Personal Property Tax
    Replacement Fund for payments for regional offices and
    officials or local officials or payment of costs of
    administration or for transfers due to refunds at the end
    of any particular month, the amount of such insufficiency
    shall be carried over for the purposes of payments for
    regional offices and officials, local officials, transfers
    into the General Revenue Fund, and costs of administration
    to the following month or months. Net replacement revenue
    held, and defined above, shall be transferred by the
    Treasurer and Comptroller to the Personal Property Tax
    Replacement Fund within 10 days of such certification.
        (2) Each quarterly allocation shall first be
    apportioned in the following manner: 51.65% for taxing
    districts in Cook County and 48.35% for taxing districts
    in the remainder of the State.
    The Personal Property Replacement Ratio of each taxing
district outside Cook County shall be the ratio which the Tax
Base of that taxing district bears to the Downstate Tax Base.
The Tax Base of each taxing district outside of Cook County is
the personal property tax collections for that taxing district
for the 1977 tax year. The Downstate Tax Base is the personal
property tax collections for all taxing districts in the State
outside of Cook County for the 1977 tax year. The Department of
Revenue shall have authority to review for accuracy and
completeness the personal property tax collections for each
taxing district outside Cook County for the 1977 tax year.
    The Personal Property Replacement Ratio of each Cook
County taxing district shall be the ratio which the Tax Base of
that taxing district bears to the Cook County Tax Base. The Tax
Base of each Cook County taxing district is the personal
property tax collections for that taxing district for the 1976
tax year. The Cook County Tax Base is the personal property tax
collections for all taxing districts in Cook County for the
1976 tax year. The Department of Revenue shall have authority
to review for accuracy and completeness the personal property
tax collections for each taxing district within Cook County
for the 1976 tax year.
    For all purposes of this Section 12, amounts paid to a
taxing district for such tax years as may be applicable by a
foreign corporation under the provisions of Section 7-202 of
the Public Utilities Act, as amended, shall be deemed to be
personal property taxes collected by such taxing district for
such tax years as may be applicable. The Director shall
determine from the Illinois Commerce Commission, for any tax
year as may be applicable, the amounts so paid by any such
foreign corporation to any and all taxing districts. The
Illinois Commerce Commission shall furnish such information to
the Director. For all purposes of this Section 12, the
Director shall deem such amounts to be collected personal
property taxes of each such taxing district for the applicable
tax year or years.
    Taxing districts located both in Cook County and in one or
more other counties shall receive both a Cook County
allocation and a Downstate allocation determined in the same
way as all other taxing districts.
    If any taxing district in existence on July 1, 1979 ceases
to exist, or discontinues its operations, its Tax Base shall
thereafter be deemed to be zero. If the powers, duties and
obligations of the discontinued taxing district are assumed by
another taxing district, the Tax Base of the discontinued
taxing district shall be added to the Tax Base of the taxing
district assuming such powers, duties and obligations.
    If two or more taxing districts in existence on July 1,
1979, or a successor or successors thereto shall consolidate
into one taxing district, the Tax Base of such consolidated
taxing district shall be the sum of the Tax Bases of each of
the taxing districts which have consolidated.
    If a single taxing district in existence on July 1, 1979,
or a successor or successors thereto shall be divided into two
or more separate taxing districts, the tax base of the taxing
district so divided shall be allocated to each of the
resulting taxing districts in proportion to the then current
equalized assessed value of each resulting taxing district.
    If a portion of the territory of a taxing district is
disconnected and annexed to another taxing district of the
same type, the Tax Base of the taxing district from which
disconnection was made shall be reduced in proportion to the
then current equalized assessed value of the disconnected
territory as compared with the then current equalized assessed
value within the entire territory of the taxing district prior
to disconnection, and the amount of such reduction shall be
added to the Tax Base of the taxing district to which
annexation is made.
    If a community college district is created after July 1,
1979, beginning on January 1, 1996 (the effective date of
Public Act 89-327), its Tax Base shall be 3.5% of the sum of
the personal property tax collected for the 1977 tax year
within the territorial jurisdiction of the district.
    The amounts allocated and paid to taxing districts
pursuant to the provisions of Public Act 81-1st Special
Session-1 shall be deemed to be substitute revenues for the
revenues derived from taxes imposed on personal property
pursuant to the provisions of the "Revenue Act of 1939" or "An
Act for the assessment and taxation of private car line
companies", approved July 22, 1943, as amended, or Section 414
of the Illinois Insurance Code, prior to the abolition of such
taxes and shall be used for the same purposes as the revenues
derived from ad valorem taxes on real estate.
    Monies received by any taxing districts from the Personal
Property Tax Replacement Fund shall be first applied toward
payment of the proportionate amount of debt service which was
previously levied and collected from extensions against
personal property on bonds outstanding as of December 31, 1978
and next applied toward payment of the proportionate share of
the pension or retirement obligations of the taxing district
which were previously levied and collected from extensions
against personal property. For each such outstanding bond
issue, the County Clerk shall determine the percentage of the
debt service which was collected from extensions against real
estate in the taxing district for 1978 taxes payable in 1979,
as related to the total amount of such levies and collections
from extensions against both real and personal property. For
1979 and subsequent years' taxes, the County Clerk shall levy
and extend taxes against the real estate of each taxing
district which will yield the said percentage or percentages
of the debt service on such outstanding bonds. The balance of
the amount necessary to fully pay such debt service shall
constitute a first and prior lien upon the monies received by
each such taxing district through the Personal Property Tax
Replacement Fund and shall be first applied or set aside for
such purpose. In counties having fewer than 3,000,000
inhabitants, the amendments to this paragraph as made by
Public Act 81-1255 shall be first applicable to 1980 taxes to
be collected in 1981.
(Source: P.A. 101-10, eff. 6-5-19; 101-636, eff. 6-10-20;
102-16, eff. 6-17-21.)
 
    Section 5-47. The Agricultural Fair Act is amended by
changing Sections 5, 6, 10, and 13 as follows:
 
    (30 ILCS 120/5)  (from Ch. 85, par. 655)
    Sec. 5. To qualify for disbursements made by the
Department from an appropriation made under provisions of this
Act, each county fair should notify the Department in writing
of its declaration of intent to participate by December 31 of
the year preceding the year in which such distribution shall
be made. The DeWitt County Fair shall qualify for
disbursements made by the Department from an appropriation
made under the provisions of this Act in fiscal years 2022 and
2023, subject to appropriation, and provided the DeWitt County
Fair notifies the Department in writing of its declaration of
intent to participate within 30 days after the effective date
of this amendatory Act of the 102nd General Assembly. The
notification shall state the following: facts of its
organization, location, officers, dates of exhibitions and
approximate amount of premiums to be offered.
(Source: P.A. 91-934, eff. 6-1-01.)
 
    (30 ILCS 120/6)  (from Ch. 85, par. 656)
    Sec. 6. After August 20, 1971, the General Assembly and
the Director shall approve the organization of new county
fairs that shall be established for the purpose of holding
annual fairs, provided that an element of such approval shall
be an appropriation in a separate bill authorizing such fairs'
participation in the disbursements provided for in this Act.
(Source: P.A. 81-159.)
 
    (30 ILCS 120/10)  (from Ch. 85, par. 660)
    Sec. 10. (a) Effective with fiscal year 1987, each county
fair's authorized base shall be set at 66 2/3% of the approved
amount of premium paid in either fiscal year 1984 or 1985,
whichever year has the largest approved amount. The authorized
base of the Gallatin, Montgomery and Massac county fairs for
fiscal years 1987 and 1988 shall be $15,000 each. Subject to
appropriation, the authorized base of the DeWitt County Fair
for fiscal years 2022 and 2023 shall be $20,000 each. If there
is a change in the appropriation, the Director shall allocate
to each fair the same percentages of that appropriation as it
received of the authorized bases for all fairs.
    (b) The Department shall reimburse each eligible county
fair as follows:
    100% of the first $2,000 of approved premiums awarded at
each eligible county fair;
    85% of the next $2,000;
    75% of the next $3,000;
    65% of the next $3,000;
    55% of the next $4,000; and
    50% of the remaining premiums paid until the total
reimbursement equals the authorized base amount for each fair.
    (c) If, after all approved state aid claims are paid for
the current year pursuant to subsection (b) of this Section,
any amount remains in the appropriations for state aid, that
remaining amount shall be distributed on a grant basis. If the
total amount of excess approved state aid claims over the
authorized base is equal to or less than the remaining amount
appropriated for state aid, then each participating fair shall
receive a grant equivalent to the excess of its approved claim
over its authorized base. If the total amount of excess
approved state aid claims exceeds the remaining monies
appropriated for state aid, the grants shall be distributed to
the participating fairs in proportion to the total amounts of
their respective excess approved claims. If, after all
approved claims are paid, any amount remains, that amount
shall be distributed to all county fairs eligible under this
Section in proportion to their total state aid claims. Fairs
filing approved claims exceeding both their authorized base
and the grant provided for in this subsection shall
participate in the Growth Incentive Program set forth in
Section 10.1.
    Grant monies received by a county fair shall be used only
for premiums, awards, judge's fees, and other expenses
incurred by the fair which are directly related to the
operation of the fair and approved by regulation of the
Department. Each fair shall file with the Department a fiscal
accounting of the expenditure of the grant monies received
under this subsection each year at the same time it files its
report under Section 12 in relation to the fair held in the
next succeeding year.
    Effective with fiscal year 1989 and each odd numbered
fiscal year thereafter, the authorized base of all
participating county fairs shall be adjusted by applying 66
2/3% to the amount of approved premiums paid in the highest of
the previous 2 fiscal years.
(Source: P.A. 91-934, eff. 6-1-01.)
 
    (30 ILCS 120/13)  (from Ch. 85, par. 663)
    Sec. 13. Rehabilitation. Except as otherwise allowed by
the Director, to qualify for disbursements made by the
Department from an appropriation made under the provisions of
this Section, the land on which the fair is held must be owned
by the county fair board participating in this disbursement or
by a State, city, village, or county government body, or be
held under a lease that is at least 20 years in duration, the
terms of which require the lessee to have continuous
possession of the land during every day of the lease period. No
county fair shall qualify for disbursements made by the
Department from an appropriation made under the provisions of
this Section unless it shall have notified the Department in
writing of its intent to participate prior to obligating any
funds for which reimbursement will be requested. Each county
fair shall be reimbursed annually for that part of the amount
expended by the fair during the year for liability and
casualty insurance, as provided in this Section, and the
rehabilitation of its grounds, including major construction
projects and minor maintenance and repair projects; as
follows:
    100% of the first $5,000 or any part thereof;
    75% of the next $20,000 or any part thereof;
    50% of the next $20,000 or any part thereof.
    The lesser of either $20,000 or 50% of the amount received
by a county fair pursuant to this Section may be expended for
liability and casualty insurance.
    The maximum amount the DeWitt County Fair may be
reimbursed in each of fiscal years 2022 and 2023, subject to
appropriation, is $13,250.
    If a county fair expends more than is needed in any year
for approved projects to maximize State reimbursement under
this Section and provides itemized receipts and other evidence
of expenditures for that year, any excess may be carried over
to the succeeding year. The amount carried over shall
constitute a claim for reimbursement for a subsequent period
not to exceed 7 years as long as funds are available.
    Before June 30 of each year, the president and secretary
of each county fair which has participated in this program
shall file with the Department a sworn statement of the amount
expended during the period July 1 to June 30 of the State's
fiscal year, accompanied by itemized receipted bills and other
evidence of expenditures. If the Department approves the
claim, the State Comptroller is authorized and directed to
draw a warrant payable from the Agricultural Premium Fund on
the State Treasurer for the amount of the rehabilitation
claims.
    If after all claims are paid, there remains any amount of
the appropriation for rehabilitation, the remaining amount
shall be distributed as a grant to the participating fairs
qualifying for the maximum reimbursement and shall be
distributed to the eligible fairs on an equal basis not to
exceed each eligible fair's pro rata share granted in this
paragraph. A sworn statement of the amount expended
accompanied by the itemized receipted bills as evidence of
expenditure must be filed with the Department by June 30 of
each year.
(Source: P.A. 94-261, eff. 1-1-06.)
 
    Section 5-48. The General Obligation Bond Act is amended
by changing Section 15 as follows:
 
    (30 ILCS 330/15)  (from Ch. 127, par. 665)
    Sec. 15. Computation of principal and interest; transfers.
    (a) Upon each delivery of Bonds authorized to be issued
under this Act, the Comptroller shall compute and certify to
the Treasurer the total amount of principal of, interest on,
and premium, if any, on Bonds issued that will be payable in
order to retire such Bonds, the amount of principal of,
interest on and premium, if any, on such Bonds that will be
payable on each payment date according to the tenor of such
Bonds during the then current and each succeeding fiscal year,
and the amount of sinking fund payments needed to be deposited
in connection with Qualified School Construction Bonds
authorized by subsection (e) of Section 9. With respect to the
interest payable on variable rate bonds, such certifications
shall be calculated at the maximum rate of interest that may be
payable during the fiscal year, after taking into account any
credits permitted in the related indenture or other instrument
against the amount of such interest required to be
appropriated for such period pursuant to subsection (c) of
Section 14 of this Act. With respect to the interest payable,
such certifications shall include the amounts certified by the
Director of the Governor's Office of Management and Budget
under subsection (b) of Section 9 of this Act.
    On or before the last day of each month the State Treasurer
and Comptroller shall transfer from (1) the Road Fund with
respect to Bonds issued under paragraphs (a) and (e) of
Section 4 of this Act, or Bonds issued under authorization in
Public Act 98-781, or Bonds issued for the purpose of
refunding such bonds, and from (2) the General Revenue Fund,
with respect to all other Bonds issued under this Act, to the
General Obligation Bond Retirement and Interest Fund an amount
sufficient to pay the aggregate of the principal of, interest
on, and premium, if any, on Bonds payable, by their terms on
the next payment date divided by the number of full calendar
months between the date of such Bonds and the first such
payment date, and thereafter, divided by the number of months
between each succeeding payment date after the first. Such
computations and transfers shall be made for each series of
Bonds issued and delivered. Interest payable on variable rate
bonds shall be calculated at the maximum rate of interest that
may be payable for the relevant period, after taking into
account any credits permitted in the related indenture or
other instrument against the amount of such interest required
to be appropriated for such period pursuant to subsection (c)
of Section 14 of this Act. Computations of interest shall
include the amounts certified by the Director of the
Governor's Office of Management and Budget under subsection
(b) of Section 9 of this Act. Interest for which moneys have
already been deposited into the capitalized interest account
within the General Obligation Bond Retirement and Interest
Fund shall not be included in the calculation of the amounts to
be transferred under this subsection. Notwithstanding any
other provision in this Section, the transfer provisions
provided in this paragraph shall not apply to transfers made
in fiscal year 2010 or fiscal year 2011 with respect to Bonds
issued in fiscal year 2010 or fiscal year 2011 pursuant to
Section 7.2 of this Act. In the case of transfers made in
fiscal year 2010 or fiscal year 2011 with respect to the Bonds
issued in fiscal year 2010 or fiscal year 2011 pursuant to
Section 7.2 of this Act, on or before the 15th day of the month
prior to the required debt service payment, the State
Treasurer and Comptroller shall transfer from the General
Revenue Fund to the General Obligation Bond Retirement and
Interest Fund an amount sufficient to pay the aggregate of the
principal of, interest on, and premium, if any, on the Bonds
payable in that next month.
    The transfer of monies herein and above directed is not
required if monies in the General Obligation Bond Retirement
and Interest Fund are more than the amount otherwise to be
transferred as herein above provided, and if the Governor or
his authorized representative notifies the State Treasurer and
Comptroller of such fact in writing.
    (b) After the effective date of this Act, the balance of,
and monies directed to be included in the Capital Development
Bond Retirement and Interest Fund, Anti-Pollution Bond
Retirement and Interest Fund, Transportation Bond, Series A
Retirement and Interest Fund, Transportation Bond, Series B
Retirement and Interest Fund, and Coal Development Bond
Retirement and Interest Fund shall be transferred to and
deposited in the General Obligation Bond Retirement and
Interest Fund. This Fund shall be used to make debt service
payments on the State's general obligation Bonds heretofore
issued which are now outstanding and payable from the Funds
herein listed as well as on Bonds issued under this Act.
    (c) The unused portion of federal funds received for or as
reimbursement for a capital facilities project, as authorized
by Section 3 of this Act, for which monies from the Capital
Development Fund have been expended shall remain in the
Capital Development Board Contributory Trust Fund and shall be
used for capital projects and for no other purpose, subject to
appropriation and as directed by the Capital Development
Board. Any federal funds received as reimbursement for the
completed construction of a capital facilities project, as
authorized by Section 3 of this Act, for which monies from the
Capital Development Fund have been expended may be used for
any expense or project necessary for implementation of the
Quincy Veterans' Home Rehabilitation and Rebuilding Act for a
period of 5 years from July 17, 2018 (the effective date of
Public Act 100-610) this amendatory Act of the 100th General
Assembly, and any remaining funds shall be deposited in the
General Obligation Bond Retirement and Interest Fund.
(Source: P.A. 100-23, eff. 7-6-17; 100-610, eff. 7-17-18;
101-30, eff. 6-28-19.)
 
    Section 5-49. The Capital Development Bond Act of 1972 is
amended by changing Section 9a as follows:
 
    (30 ILCS 420/9a)  (from Ch. 127, par. 759a)
    Sec. 9a. The unused portion of federal funds received for
or as reimbursement for a capital improvement project for
which moneys from the Capital Development Fund have been
expended shall remain in the Capital Development Board
Contributory Trust Fund and shall be used for capital projects
and for no other purpose, subject to appropriation and as
directed by the Capital Development Board. Any federal funds
received as reimbursement for the completed construction of a
capital improvement project for which moneys from the Capital
Development Fund have been expended may be used for any
expense or project necessary for implementation of the Quincy
Veterans' Home Rehabilitation and Rebuilding Act for a period
of 5 years from July 17, 2018 (the effective date of Public Act
100-610) this amendatory Act of the 100th General Assembly,
and any remaining funds shall be deposited in the Capital
Development Bond Retirement and Interest Fund.
(Source: P.A. 100-610, eff. 7-17-18.)
 
    Section 5-55. The Illinois Grant Funds Recovery Act is
amended by adding Section 5.1 as follows:
 
    (30 ILCS 705/5.1 new)
    Sec. 5.1. Restoration of grant award.
    (a) A grantee who received an award pursuant to the Open
Space Lands Acquisition and Development Act who was unable to
complete the project within the 2 years required by Section 5
due to the COVID-19 public health emergency, and whose grant
agreement expired between January 1, 2021 and July 29, 2021,
shall be eligible for an award under the same terms as the
expired grant agreement, subject to the availability of
appropriated moneys in the fund from which the original
disbursement to the grantee was made. The grantee must
demonstrate prior compliance with the terms and conditions of
the expired award to be eligible for funding under this
Section.
    (b) Any grant funds not expended or legally obligated by
the expiration of the newly executed agreement must be
returned to the grantor agency within 45 days, if the funds are
not already on deposit with the grantor agency or the State
Treasurer. Such returned funds shall be deposited into the
fund from which the original grant disbursement to the grantee
was made.
    (c) This Section is repealed on July 31, 2024.
 
    Section 5-57. The Charitable Trust Stabilization Act is
amended by changing Section 5 as follows:
 
    (30 ILCS 790/5)
    Sec. 5. The Charitable Trust Stabilization Fund.
    (a) The Charitable Trust Stabilization Fund is created as
a special fund in the State treasury. From appropriations from
the Fund, upon recommendation from the Charitable Trust
Stabilization Committee, the State Treasurer may make grants
to public and private entities in the State for the purposes
set forth under subsection (b). Special attention shall be
given to public and private entities with operating budgets of
less than $1,000,000 that are located within a depressed area,
as defined under Section 3 of the Illinois Enterprise Zone
Act, and preferences for recommending grants to the State
Treasurer may be given to these entities by the Committee.
Moneys received for the purposes of this Section, including,
without limitation, fees collected under subsection (m) of
Section 115.10 of the General Not For Profit Corporation Act
of 1986 and appropriations, gifts, grants, and awards from any
public or private entity, must be deposited into the Fund. Any
interest earnings that are attributable to moneys in the Fund
must be deposited into the Fund.
    (b) Moneys in the Fund may be used only for the following
purposes:
        (1) (blank);
        (2) (blank);
        (1) (3) grants for the start-up or operational
    purposes of participating organizations; and
        (2) (4) the administration of the Fund and this Act.
    (c) Moneys deposited into in the Fund must be allocated as
follows:
        (1) 20% of the amount deposited into the Fund in the
    fiscal year must be set aside for the operating budget of
    the Fund for the next fiscal year, but the operating
    budget of the Fund may not exceed $4,000,000 in any fiscal
    year;
        (1) 80% (2) 50% must be available for the purposes set
    forth under subsection (b); and
        (2) 20% (3) 30% must be invested for the purpose of
    earning interest or other investment income.
    (d) As soon as practical after the effective date of this
Act, the State Treasurer must transfer the amount of
$1,000,000 from the General Revenue Fund to the Charitable
Trust Stabilization Fund. On the June 30 that occurs in the
third year after the transfer to the Charitable Trust
Stabilization Fund, the Treasurer must transfer the amount of
$1,000,000 from the Charitable Trust Stabilization Fund to the
General Revenue Fund. If, on that date, less than $1,000,000
is available for transfer, then the Treasurer must transfer
the remaining balance of the Charitable Trust Stabilization
Fund to the General Revenue Fund, and on each June 30
thereafter must transfer any balance in the Charitable Trust
Stabilization Fund to the General Revenue Fund until the
aggregate amount of $1,000,000 has been transferred.
(Source: P.A. 97-274, eff. 8-8-11.)
 
    Section 5-60. The Illinois Income Tax Act is amended by
changing Sections 224 and 901 as follows:
 
    (35 ILCS 5/224)
    Sec. 224. Invest in Kids credit.
    (a) For taxable years beginning on or after January 1,
2018 and ending before January 1, 2024 2023, each taxpayer for
whom a tax credit has been awarded by the Department under the
Invest in Kids Act is entitled to a credit against the tax
imposed under subsections (a) and (b) of Section 201 of this
Act in an amount equal to the amount awarded under the Invest
in Kids Act.
    (b) For partners, shareholders of subchapter S
corporations, and owners of limited liability companies, if
the liability company is treated as a partnership for purposes
of federal and State income taxation, the credit under this
Section shall be determined in accordance with the
determination of income and distributive share of income under
Sections 702 and 704 and subchapter S of the Internal Revenue
Code.
    (c) The credit may not be carried back and may not reduce
the taxpayer's liability to less than zero. If the amount of
the credit exceeds the tax liability for the year, the excess
may be carried forward and applied to the tax liability of the
5 taxable years following the excess credit year. The tax
credit shall be applied to the earliest year for which there is
a tax liability. If there are credits for more than one year
that are available to offset the liability, the earlier credit
shall be applied first.
    (d) A tax credit awarded by the Department under the
Invest in Kids Act may not be claimed for any qualified
contribution for which the taxpayer claims a federal income
tax deduction.
(Source: P.A. 100-465, eff. 8-31-17.)
 
    (35 ILCS 5/901)
    Sec. 901. Collection authority.
    (a) In general. The Department shall collect the taxes
imposed by this Act. The Department shall collect certified
past due child support amounts under Section 2505-650 of the
Department of Revenue Law of the Civil Administrative Code of
Illinois. Except as provided in subsections (b), (c), (e),
(f), (g), and (h) of this Section, money collected pursuant to
subsections (a) and (b) of Section 201 of this Act shall be
paid into the General Revenue Fund in the State treasury;
money collected pursuant to subsections (c) and (d) of Section
201 of this Act shall be paid into the Personal Property Tax
Replacement Fund, a special fund in the State Treasury; and
money collected under Section 2505-650 of the Department of
Revenue Law of the Civil Administrative Code of Illinois shall
be paid into the Child Support Enforcement Trust Fund, a
special fund outside the State Treasury, or to the State
Disbursement Unit established under Section 10-26 of the
Illinois Public Aid Code, as directed by the Department of
Healthcare and Family Services.
    (b) Local Government Distributive Fund. Beginning August
1, 2017 and continuing through July 31, 2022, the Treasurer
shall transfer each month from the General Revenue Fund to the
Local Government Distributive Fund an amount equal to the sum
of: (i) 6.06% (10% of the ratio of the 3% individual income tax
rate prior to 2011 to the 4.95% individual income tax rate
after July 1, 2017) of the net revenue realized from the tax
imposed by subsections (a) and (b) of Section 201 of this Act
upon individuals, trusts, and estates during the preceding
month; (ii) 6.85% (10% of the ratio of the 4.8% corporate
income tax rate prior to 2011 to the 7% corporate income tax
rate after July 1, 2017) of the net revenue realized from the
tax imposed by subsections (a) and (b) of Section 201 of this
Act upon corporations during the preceding month; and (iii)
beginning February 1, 2022, 6.06% of the net revenue realized
from the tax imposed by subsection (p) of Section 201 of this
Act upon electing pass-through entities. Beginning August 1,
2022, the Treasurer shall transfer each month from the General
Revenue Fund to the Local Government Distributive Fund an
amount equal to the sum of: (i) 6.16% of the net revenue
realized from the tax imposed by subsections (a) and (b) of
Section 201 of this Act upon individuals, trusts, and estates
during the preceding month; (ii) 6.85% of the net revenue
realized from the tax imposed by subsections (a) and (b) of
Section 201 of this Act upon corporations during the preceding
month; and (iii) 6.16% of the net revenue realized from the tax
imposed by subsection (p) of Section 201 of this Act upon
electing pass-through entities. Net revenue realized for a
month shall be defined as the revenue from the tax imposed by
subsections (a) and (b) of Section 201 of this Act which is
deposited in the General Revenue Fund, the Education
Assistance Fund, the Income Tax Surcharge Local Government
Distributive Fund, the Fund for the Advancement of Education,
and the Commitment to Human Services Fund during the month
minus the amount paid out of the General Revenue Fund in State
warrants during that same month as refunds to taxpayers for
overpayment of liability under the tax imposed by subsections
(a) and (b) of Section 201 of this Act.
    Notwithstanding any provision of law to the contrary,
beginning on July 6, 2017 (the effective date of Public Act
100-23), those amounts required under this subsection (b) to
be transferred by the Treasurer into the Local Government
Distributive Fund from the General Revenue Fund shall be
directly deposited into the Local Government Distributive Fund
as the revenue is realized from the tax imposed by subsections
(a) and (b) of Section 201 of this Act.
    (c) Deposits Into Income Tax Refund Fund.
        (1) Beginning on January 1, 1989 and thereafter, the
    Department shall deposit a percentage of the amounts
    collected pursuant to subsections (a) and (b)(1), (2), and
    (3) of Section 201 of this Act into a fund in the State
    treasury known as the Income Tax Refund Fund. Beginning
    with State fiscal year 1990 and for each fiscal year
    thereafter, the percentage deposited into the Income Tax
    Refund Fund during a fiscal year shall be the Annual
    Percentage. For fiscal year 2011, the Annual Percentage
    shall be 8.75%. For fiscal year 2012, the Annual
    Percentage shall be 8.75%. For fiscal year 2013, the
    Annual Percentage shall be 9.75%. For fiscal year 2014,
    the Annual Percentage shall be 9.5%. For fiscal year 2015,
    the Annual Percentage shall be 10%. For fiscal year 2018,
    the Annual Percentage shall be 9.8%. For fiscal year 2019,
    the Annual Percentage shall be 9.7%. For fiscal year 2020,
    the Annual Percentage shall be 9.5%. For fiscal year 2021,
    the Annual Percentage shall be 9%. For fiscal year 2022,
    the Annual Percentage shall be 9.25%. For fiscal year
    2023, the Annual Percentage shall be 9.25%. For all other
    fiscal years, the Annual Percentage shall be calculated as
    a fraction, the numerator of which shall be the amount of
    refunds approved for payment by the Department during the
    preceding fiscal year as a result of overpayment of tax
    liability under subsections (a) and (b)(1), (2), and (3)
    of Section 201 of this Act plus the amount of such refunds
    remaining approved but unpaid at the end of the preceding
    fiscal year, minus the amounts transferred into the Income
    Tax Refund Fund from the Tobacco Settlement Recovery Fund,
    and the denominator of which shall be the amounts which
    will be collected pursuant to subsections (a) and (b)(1),
    (2), and (3) of Section 201 of this Act during the
    preceding fiscal year; except that in State fiscal year
    2002, the Annual Percentage shall in no event exceed 7.6%.
    The Director of Revenue shall certify the Annual
    Percentage to the Comptroller on the last business day of
    the fiscal year immediately preceding the fiscal year for
    which it is to be effective.
        (2) Beginning on January 1, 1989 and thereafter, the
    Department shall deposit a percentage of the amounts
    collected pursuant to subsections (a) and (b)(6), (7), and
    (8), (c) and (d) of Section 201 of this Act into a fund in
    the State treasury known as the Income Tax Refund Fund.
    Beginning with State fiscal year 1990 and for each fiscal
    year thereafter, the percentage deposited into the Income
    Tax Refund Fund during a fiscal year shall be the Annual
    Percentage. For fiscal year 2011, the Annual Percentage
    shall be 17.5%. For fiscal year 2012, the Annual
    Percentage shall be 17.5%. For fiscal year 2013, the
    Annual Percentage shall be 14%. For fiscal year 2014, the
    Annual Percentage shall be 13.4%. For fiscal year 2015,
    the Annual Percentage shall be 14%. For fiscal year 2018,
    the Annual Percentage shall be 17.5%. For fiscal year
    2019, the Annual Percentage shall be 15.5%. For fiscal
    year 2020, the Annual Percentage shall be 14.25%. For
    fiscal year 2021, the Annual Percentage shall be 14%. For
    fiscal year 2022, the Annual Percentage shall be 15%. For
    fiscal year 2023, the Annual Percentage shall be 14.5%.
    For all other fiscal years, the Annual Percentage shall be
    calculated as a fraction, the numerator of which shall be
    the amount of refunds approved for payment by the
    Department during the preceding fiscal year as a result of
    overpayment of tax liability under subsections (a) and
    (b)(6), (7), and (8), (c) and (d) of Section 201 of this
    Act plus the amount of such refunds remaining approved but
    unpaid at the end of the preceding fiscal year, and the
    denominator of which shall be the amounts which will be
    collected pursuant to subsections (a) and (b)(6), (7), and
    (8), (c) and (d) of Section 201 of this Act during the
    preceding fiscal year; except that in State fiscal year
    2002, the Annual Percentage shall in no event exceed 23%.
    The Director of Revenue shall certify the Annual
    Percentage to the Comptroller on the last business day of
    the fiscal year immediately preceding the fiscal year for
    which it is to be effective.
        (3) The Comptroller shall order transferred and the
    Treasurer shall transfer from the Tobacco Settlement
    Recovery Fund to the Income Tax Refund Fund (i)
    $35,000,000 in January, 2001, (ii) $35,000,000 in January,
    2002, and (iii) $35,000,000 in January, 2003.
    (d) Expenditures from Income Tax Refund Fund.
        (1) Beginning January 1, 1989, money in the Income Tax
    Refund Fund shall be expended exclusively for the purpose
    of paying refunds resulting from overpayment of tax
    liability under Section 201 of this Act and for making
    transfers pursuant to this subsection (d).
        (2) The Director shall order payment of refunds
    resulting from overpayment of tax liability under Section
    201 of this Act from the Income Tax Refund Fund only to the
    extent that amounts collected pursuant to Section 201 of
    this Act and transfers pursuant to this subsection (d) and
    item (3) of subsection (c) have been deposited and
    retained in the Fund.
        (3) As soon as possible after the end of each fiscal
    year, the Director shall order transferred and the State
    Treasurer and State Comptroller shall transfer from the
    Income Tax Refund Fund to the Personal Property Tax
    Replacement Fund an amount, certified by the Director to
    the Comptroller, equal to the excess of the amount
    collected pursuant to subsections (c) and (d) of Section
    201 of this Act deposited into the Income Tax Refund Fund
    during the fiscal year over the amount of refunds
    resulting from overpayment of tax liability under
    subsections (c) and (d) of Section 201 of this Act paid
    from the Income Tax Refund Fund during the fiscal year.
        (4) As soon as possible after the end of each fiscal
    year, the Director shall order transferred and the State
    Treasurer and State Comptroller shall transfer from the
    Personal Property Tax Replacement Fund to the Income Tax
    Refund Fund an amount, certified by the Director to the
    Comptroller, equal to the excess of the amount of refunds
    resulting from overpayment of tax liability under
    subsections (c) and (d) of Section 201 of this Act paid
    from the Income Tax Refund Fund during the fiscal year
    over the amount collected pursuant to subsections (c) and
    (d) of Section 201 of this Act deposited into the Income
    Tax Refund Fund during the fiscal year.
        (4.5) As soon as possible after the end of fiscal year
    1999 and of each fiscal year thereafter, the Director
    shall order transferred and the State Treasurer and State
    Comptroller shall transfer from the Income Tax Refund Fund
    to the General Revenue Fund any surplus remaining in the
    Income Tax Refund Fund as of the end of such fiscal year;
    excluding for fiscal years 2000, 2001, and 2002 amounts
    attributable to transfers under item (3) of subsection (c)
    less refunds resulting from the earned income tax credit.
        (5) This Act shall constitute an irrevocable and
    continuing appropriation from the Income Tax Refund Fund
    for the purpose of paying refunds upon the order of the
    Director in accordance with the provisions of this
    Section.
    (e) Deposits into the Education Assistance Fund and the
Income Tax Surcharge Local Government Distributive Fund. On
July 1, 1991, and thereafter, of the amounts collected
pursuant to subsections (a) and (b) of Section 201 of this Act,
minus deposits into the Income Tax Refund Fund, the Department
shall deposit 7.3% into the Education Assistance Fund in the
State Treasury. Beginning July 1, 1991, and continuing through
January 31, 1993, of the amounts collected pursuant to
subsections (a) and (b) of Section 201 of the Illinois Income
Tax Act, minus deposits into the Income Tax Refund Fund, the
Department shall deposit 3.0% into the Income Tax Surcharge
Local Government Distributive Fund in the State Treasury.
Beginning February 1, 1993 and continuing through June 30,
1993, of the amounts collected pursuant to subsections (a) and
(b) of Section 201 of the Illinois Income Tax Act, minus
deposits into the Income Tax Refund Fund, the Department shall
deposit 4.4% into the Income Tax Surcharge Local Government
Distributive Fund in the State Treasury. Beginning July 1,
1993, and continuing through June 30, 1994, of the amounts
collected under subsections (a) and (b) of Section 201 of this
Act, minus deposits into the Income Tax Refund Fund, the
Department shall deposit 1.475% into the Income Tax Surcharge
Local Government Distributive Fund in the State Treasury.
    (f) Deposits into the Fund for the Advancement of
Education. Beginning February 1, 2015, the Department shall
deposit the following portions of the revenue realized from
the tax imposed upon individuals, trusts, and estates by
subsections (a) and (b) of Section 201 of this Act, minus
deposits into the Income Tax Refund Fund, into the Fund for the
Advancement of Education:
        (1) beginning February 1, 2015, and prior to February
    1, 2025, 1/30; and
        (2) beginning February 1, 2025, 1/26.
    If the rate of tax imposed by subsection (a) and (b) of
Section 201 is reduced pursuant to Section 201.5 of this Act,
the Department shall not make the deposits required by this
subsection (f) on or after the effective date of the
reduction.
    (g) Deposits into the Commitment to Human Services Fund.
Beginning February 1, 2015, the Department shall deposit the
following portions of the revenue realized from the tax
imposed upon individuals, trusts, and estates by subsections
(a) and (b) of Section 201 of this Act, minus deposits into the
Income Tax Refund Fund, into the Commitment to Human Services
Fund:
        (1) beginning February 1, 2015, and prior to February
    1, 2025, 1/30; and
        (2) beginning February 1, 2025, 1/26.
    If the rate of tax imposed by subsection (a) and (b) of
Section 201 is reduced pursuant to Section 201.5 of this Act,
the Department shall not make the deposits required by this
subsection (g) on or after the effective date of the
reduction.
    (h) Deposits into the Tax Compliance and Administration
Fund. Beginning on the first day of the first calendar month to
occur on or after August 26, 2014 (the effective date of Public
Act 98-1098), each month the Department shall pay into the Tax
Compliance and Administration Fund, to be used, subject to
appropriation, to fund additional auditors and compliance
personnel at the Department, an amount equal to 1/12 of 5% of
the cash receipts collected during the preceding fiscal year
by the Audit Bureau of the Department from the tax imposed by
subsections (a), (b), (c), and (d) of Section 201 of this Act,
net of deposits into the Income Tax Refund Fund made from those
cash receipts.
(Source: P.A. 101-8, see Section 99 for effective date;
101-10, eff. 6-5-19; 101-81, eff. 7-12-19; 101-636, eff.
6-10-20; 102-16, eff. 6-17-21; 102-558, eff. 8-20-21; 102-658,
eff. 8-27-21; revised 10-19-21.)
 
    Section 5-62. The Invest in Kids Act is amended by
changing Section 40 as follows:
 
    (35 ILCS 40/40)
    (Section scheduled to be repealed on January 1, 2025)
    Sec. 40. Scholarship granting organization
responsibilities.
    (a) Before granting a scholarship for an academic year,
all scholarship granting organizations shall assess and
document each student's eligibility for the academic year.
    (b) A scholarship granting organization shall grant
scholarships only to eligible students.
    (c) A scholarship granting organization shall allow an
eligible student to attend any qualified school of the
student's choosing, subject to the availability of funds.
    (d) In granting scholarships, a scholarship granting
organization shall give priority to the following priority
groups:
        (1) eligible students who received a scholarship from
    a scholarship granting organization during the previous
    school year;
        (2) eligible students who are members of a household
    whose previous year's total annual income does not exceed
    185% of the federal poverty level;
        (3) eligible students who reside within a focus
    district; and
        (4) eligible students who are siblings of students
    currently receiving a scholarship.
    (d-5) A scholarship granting organization shall begin
granting scholarships no later than February 1 preceding the
school year for which the scholarship is sought. The priority
groups identified in subsection (d) of this Section shall be
eligible to receive scholarships on a first-come, first-served
basis until the April 1 immediately preceding the school year
for which the scholarship is sought. Applications for
scholarships for eligible students meeting the qualifications
of one or more priority groups that are received before April 1
must be either approved or denied within 10 business days
after receipt. Beginning April 1, all eligible students shall
be eligible to receive scholarships without regard to the
priority groups identified in subsection (d) of this Section.
    (e) Except as provided in subsection (e-5) of this
Section, scholarships shall not exceed the lesser of (i) the
statewide average operational expense per student among public
schools or (ii) the necessary costs and fees for attendance at
the qualified school. Scholarships shall be prorated as
follows:
        (1) for eligible students whose household income is
    less than 185% of the federal poverty level, the
    scholarship shall be 100% of the amount determined
    pursuant to this subsection (e) and subsection (e-5) of
    this Section;
        (2) for eligible students whose household income is
    185% or more of the federal poverty level but less than
    250% of the federal poverty level, the average of
    scholarships shall be 75% of the amount determined
    pursuant to this subsection (e) and subsection (e-5) of
    this Section; and
        (3) for eligible students whose household income is
    250% or more of the federal poverty level, the average of
    scholarships shall be 50% of the amount determined
    pursuant to this subsection (e) and subsection (e-5) of
    this Section.
    (e-5) The statewide average operational expense per
student among public schools shall be multiplied by the
following factors:
        (1) for students determined eligible to receive
    services under the federal Individuals with Disabilities
    Education Act, 2;
        (2) for students who are English learners, as defined
    in subsection (d) of Section 14C-2 of the School Code,
    1.2; and
        (3) for students who are gifted and talented children,
    as defined in Section 14A-20 of the School Code, 1.1.
    (f) A scholarship granting organization shall distribute
scholarship payments to the participating school where the
student is enrolled.
    (g) For the 2018-2019 school year through the 2022-2023
2021-2022 school year, each scholarship granting organization
shall expend no less than 75% of the qualified contributions
received during the calendar year in which the qualified
contributions were received. No more than 25% of the qualified
contributions may be carried forward to the following calendar
year.
    (h) For the 2023-2024 2022-2023 school year, each
scholarship granting organization shall expend all qualified
contributions received during the calendar year in which the
qualified contributions were received. No qualified
contributions may be carried forward to the following calendar
year.
    (i) A scholarship granting organization shall allow an
eligible student to transfer a scholarship during a school
year to any other participating school of the custodian's
choice. Such scholarships shall be prorated.
    (j) With the prior approval of the Department, a
scholarship granting organization may transfer funds to
another scholarship granting organization if additional funds
are required to meet scholarship demands at the receiving
scholarship granting organization. All transferred funds must
be deposited by the receiving scholarship granting
organization into its scholarship accounts. All transferred
amounts received by any scholarship granting organization must
be separately disclosed to the Department.
    (k) If the approval of a scholarship granting organization
is revoked as provided in Section 20 of this Act or the
scholarship granting organization is dissolved, all remaining
qualified contributions of the scholarship granting
organization shall be transferred to another scholarship
granting organization. All transferred funds must be deposited
by the receiving scholarship granting organization into its
scholarship accounts.
    (l) Scholarship granting organizations shall make
reasonable efforts to advertise the availability of
scholarships to eligible students.
(Source: P.A. 100-465, eff. 8-31-17.)
 
    Section 5-65. The Motor Fuel Tax Law is amended by
changing Section 8 as follows:
 
    (35 ILCS 505/8)  (from Ch. 120, par. 424)
    Sec. 8. Except as provided in subsection (a-1) of this
Section, Section 8a, subdivision (h)(1) of Section 12a,
Section 13a.6, and items 13, 14, 15, and 16 of Section 15, all
money received by the Department under this Act, including
payments made to the Department by member jurisdictions
participating in the International Fuel Tax Agreement, shall
be deposited in a special fund in the State treasury, to be
known as the "Motor Fuel Tax Fund", and shall be used as
follows:
    (a) 2 1/2 cents per gallon of the tax collected on special
fuel under paragraph (b) of Section 2 and Section 13a of this
Act shall be transferred to the State Construction Account
Fund in the State Treasury; the remainder of the tax collected
on special fuel under paragraph (b) of Section 2 and Section
13a of this Act shall be deposited into the Road Fund;
    (a-1) Beginning on July 1, 2019, an amount equal to the
amount of tax collected under subsection (a) of Section 2 as a
result of the increase in the tax rate under Public Act 101-32
shall be transferred each month into the Transportation
Renewal Fund;
    (b) $420,000 shall be transferred each month to the State
Boating Act Fund to be used by the Department of Natural
Resources for the purposes specified in Article X of the Boat
Registration and Safety Act;
    (c) $3,500,000 shall be transferred each month to the
Grade Crossing Protection Fund to be used as follows: not less
than $12,000,000 each fiscal year shall be used for the
construction or reconstruction of rail highway grade
separation structures; $5,500,000 in fiscal year 2022
$2,250,000 in fiscal years 2004 through 2009 and $3,000,000 in
fiscal year 2010 and each fiscal year thereafter shall be
transferred to the Transportation Regulatory Fund and shall be
accounted for as part of the rail carrier portion of such funds
and shall be used to pay the cost of administration of the
Illinois Commerce Commission's railroad safety program in
connection with its duties under subsection (3) of Section
18c-7401 of the Illinois Vehicle Code, with the remainder to
be used by the Department of Transportation upon order of the
Illinois Commerce Commission, to pay that part of the cost
apportioned by such Commission to the State to cover the
interest of the public in the use of highways, roads, streets,
or pedestrian walkways in the county highway system, township
and district road system, or municipal street system as
defined in the Illinois Highway Code, as the same may from time
to time be amended, for separation of grades, for
installation, construction or reconstruction of crossing
protection or reconstruction, alteration, relocation including
construction or improvement of any existing highway necessary
for access to property or improvement of any grade crossing
and grade crossing surface including the necessary highway
approaches thereto of any railroad across the highway or
public road, or for the installation, construction,
reconstruction, or maintenance of safety treatments to deter
trespassing or a pedestrian walkway over or under a railroad
right-of-way, as provided for in and in accordance with
Section 18c-7401 of the Illinois Vehicle Code. The Commission
may order up to $2,000,000 per year in Grade Crossing
Protection Fund moneys for the improvement of grade crossing
surfaces and up to $300,000 per year for the maintenance and
renewal of 4-quadrant gate vehicle detection systems located
at non-high speed rail grade crossings. In entering orders for
projects for which payments from the Grade Crossing Protection
Fund will be made, the Commission shall account for
expenditures authorized by the orders on a cash rather than an
accrual basis. For purposes of this requirement an "accrual
basis" assumes that the total cost of the project is expended
in the fiscal year in which the order is entered, while a "cash
basis" allocates the cost of the project among fiscal years as
expenditures are actually made. To meet the requirements of
this subsection, the Illinois Commerce Commission shall
develop annual and 5-year project plans of rail crossing
capital improvements that will be paid for with moneys from
the Grade Crossing Protection Fund. The annual project plan
shall identify projects for the succeeding fiscal year and the
5-year project plan shall identify projects for the 5 directly
succeeding fiscal years. The Commission shall submit the
annual and 5-year project plans for this Fund to the Governor,
the President of the Senate, the Senate Minority Leader, the
Speaker of the House of Representatives, and the Minority
Leader of the House of Representatives on the first Wednesday
in April of each year;
    (d) of the amount remaining after allocations provided for
in subsections (a), (a-1), (b), and (c), a sufficient amount
shall be reserved to pay all of the following:
        (1) the costs of the Department of Revenue in
    administering this Act;
        (2) the costs of the Department of Transportation in
    performing its duties imposed by the Illinois Highway Code
    for supervising the use of motor fuel tax funds
    apportioned to municipalities, counties and road
    districts;
        (3) refunds provided for in Section 13, refunds for
    overpayment of decal fees paid under Section 13a.4 of this
    Act, and refunds provided for under the terms of the
    International Fuel Tax Agreement referenced in Section
    14a;
        (4) from October 1, 1985 until June 30, 1994, the
    administration of the Vehicle Emissions Inspection Law,
    which amount shall be certified monthly by the
    Environmental Protection Agency to the State Comptroller
    and shall promptly be transferred by the State Comptroller
    and Treasurer from the Motor Fuel Tax Fund to the Vehicle
    Inspection Fund, and for the period July 1, 1994 through
    June 30, 2000, one-twelfth of $25,000,000 each month, for
    the period July 1, 2000 through June 30, 2003, one-twelfth
    of $30,000,000 each month, and $15,000,000 on July 1,
    2003, and $15,000,000 on January 1, 2004, and $15,000,000
    on each July 1 and October 1, or as soon thereafter as may
    be practical, during the period July 1, 2004 through June
    30, 2012, and $30,000,000 on June 1, 2013, or as soon
    thereafter as may be practical, and $15,000,000 on July 1
    and October 1, or as soon thereafter as may be practical,
    during the period of July 1, 2013 through June 30, 2015,
    for the administration of the Vehicle Emissions Inspection
    Law of 2005, to be transferred by the State Comptroller
    and Treasurer from the Motor Fuel Tax Fund into the
    Vehicle Inspection Fund;
        (4.5) beginning on July 1, 2019, the costs of the
    Environmental Protection Agency for the administration of
    the Vehicle Emissions Inspection Law of 2005 shall be
    paid, subject to appropriation, from the Motor Fuel Tax
    Fund into the Vehicle Inspection Fund; beginning in 2019,
    no later than December 31 of each year, or as soon
    thereafter as practical, the State Comptroller shall
    direct and the State Treasurer shall transfer from the
    Vehicle Inspection Fund to the Motor Fuel Tax Fund any
    balance remaining in the Vehicle Inspection Fund in excess
    of $2,000,000;
        (5) amounts ordered paid by the Court of Claims; and
        (6) payment of motor fuel use taxes due to member
    jurisdictions under the terms of the International Fuel
    Tax Agreement. The Department shall certify these amounts
    to the Comptroller by the 15th day of each month; the
    Comptroller shall cause orders to be drawn for such
    amounts, and the Treasurer shall administer those amounts
    on or before the last day of each month;
    (e) after allocations for the purposes set forth in
subsections (a), (a-1), (b), (c), and (d), the remaining
amount shall be apportioned as follows:
        (1) Until January 1, 2000, 58.4%, and beginning
    January 1, 2000, 45.6% shall be deposited as follows:
            (A) 37% into the State Construction Account Fund,
        and
            (B) 63% into the Road Fund, $1,250,000 of which
        shall be reserved each month for the Department of
        Transportation to be used in accordance with the
        provisions of Sections 6-901 through 6-906 of the
        Illinois Highway Code;
        (2) Until January 1, 2000, 41.6%, and beginning
    January 1, 2000, 54.4% shall be transferred to the
    Department of Transportation to be distributed as follows:
            (A) 49.10% to the municipalities of the State,
            (B) 16.74% to the counties of the State having
        1,000,000 or more inhabitants,
            (C) 18.27% to the counties of the State having
        less than 1,000,000 inhabitants,
            (D) 15.89% to the road districts of the State.
        If a township is dissolved under Article 24 of the
    Township Code, McHenry County shall receive any moneys
    that would have been distributed to the township under
    this subparagraph, except that a municipality that assumes
    the powers and responsibilities of a road district under
    paragraph (6) of Section 24-35 of the Township Code shall
    receive any moneys that would have been distributed to the
    township in a percent equal to the area of the dissolved
    road district or portion of the dissolved road district
    over which the municipality assumed the powers and
    responsibilities compared to the total area of the
    dissolved township. The moneys received under this
    subparagraph shall be used in the geographic area of the
    dissolved township. If a township is reconstituted as
    provided under Section 24-45 of the Township Code, McHenry
    County or a municipality shall no longer be distributed
    moneys under this subparagraph.
    As soon as may be after the first day of each month, the
Department of Transportation shall allot to each municipality
its share of the amount apportioned to the several
municipalities which shall be in proportion to the population
of such municipalities as determined by the last preceding
municipal census if conducted by the Federal Government or
Federal census. If territory is annexed to any municipality
subsequent to the time of the last preceding census the
corporate authorities of such municipality may cause a census
to be taken of such annexed territory and the population so
ascertained for such territory shall be added to the
population of the municipality as determined by the last
preceding census for the purpose of determining the allotment
for that municipality. If the population of any municipality
was not determined by the last Federal census preceding any
apportionment, the apportionment to such municipality shall be
in accordance with any census taken by such municipality. Any
municipal census used in accordance with this Section shall be
certified to the Department of Transportation by the clerk of
such municipality, and the accuracy thereof shall be subject
to approval of the Department which may make such corrections
as it ascertains to be necessary.
    As soon as may be after the first day of each month, the
Department of Transportation shall allot to each county its
share of the amount apportioned to the several counties of the
State as herein provided. Each allotment to the several
counties having less than 1,000,000 inhabitants shall be in
proportion to the amount of motor vehicle license fees
received from the residents of such counties, respectively,
during the preceding calendar year. The Secretary of State
shall, on or before April 15 of each year, transmit to the
Department of Transportation a full and complete report
showing the amount of motor vehicle license fees received from
the residents of each county, respectively, during the
preceding calendar year. The Department of Transportation
shall, each month, use for allotment purposes the last such
report received from the Secretary of State.
    As soon as may be after the first day of each month, the
Department of Transportation shall allot to the several
counties their share of the amount apportioned for the use of
road districts. The allotment shall be apportioned among the
several counties in the State in the proportion which the
total mileage of township or district roads in the respective
counties bears to the total mileage of all township and
district roads in the State. Funds allotted to the respective
counties for the use of road districts therein shall be
allocated to the several road districts in the county in the
proportion which the total mileage of such township or
district roads in the respective road districts bears to the
total mileage of all such township or district roads in the
county. After July 1 of any year prior to 2011, no allocation
shall be made for any road district unless it levied a tax for
road and bridge purposes in an amount which will require the
extension of such tax against the taxable property in any such
road district at a rate of not less than either .08% of the
value thereof, based upon the assessment for the year
immediately prior to the year in which such tax was levied and
as equalized by the Department of Revenue or, in DuPage
County, an amount equal to or greater than $12,000 per mile of
road under the jurisdiction of the road district, whichever is
less. Beginning July 1, 2011 and each July 1 thereafter, an
allocation shall be made for any road district if it levied a
tax for road and bridge purposes. In counties other than
DuPage County, if the amount of the tax levy requires the
extension of the tax against the taxable property in the road
district at a rate that is less than 0.08% of the value
thereof, based upon the assessment for the year immediately
prior to the year in which the tax was levied and as equalized
by the Department of Revenue, then the amount of the
allocation for that road district shall be a percentage of the
maximum allocation equal to the percentage obtained by
dividing the rate extended by the district by 0.08%. In DuPage
County, if the amount of the tax levy requires the extension of
the tax against the taxable property in the road district at a
rate that is less than the lesser of (i) 0.08% of the value of
the taxable property in the road district, based upon the
assessment for the year immediately prior to the year in which
such tax was levied and as equalized by the Department of
Revenue, or (ii) a rate that will yield an amount equal to
$12,000 per mile of road under the jurisdiction of the road
district, then the amount of the allocation for the road
district shall be a percentage of the maximum allocation equal
to the percentage obtained by dividing the rate extended by
the district by the lesser of (i) 0.08% or (ii) the rate that
will yield an amount equal to $12,000 per mile of road under
the jurisdiction of the road district.
    Prior to 2011, if any road district has levied a special
tax for road purposes pursuant to Sections 6-601, 6-602, and
6-603 of the Illinois Highway Code, and such tax was levied in
an amount which would require extension at a rate of not less
than .08% of the value of the taxable property thereof, as
equalized or assessed by the Department of Revenue, or, in
DuPage County, an amount equal to or greater than $12,000 per
mile of road under the jurisdiction of the road district,
whichever is less, such levy shall, however, be deemed a
proper compliance with this Section and shall qualify such
road district for an allotment under this Section. Beginning
in 2011 and thereafter, if any road district has levied a
special tax for road purposes under Sections 6-601, 6-602, and
6-603 of the Illinois Highway Code, and the tax was levied in
an amount that would require extension at a rate of not less
than 0.08% of the value of the taxable property of that road
district, as equalized or assessed by the Department of
Revenue or, in DuPage County, an amount equal to or greater
than $12,000 per mile of road under the jurisdiction of the
road district, whichever is less, that levy shall be deemed a
proper compliance with this Section and shall qualify such
road district for a full, rather than proportionate, allotment
under this Section. If the levy for the special tax is less
than 0.08% of the value of the taxable property, or, in DuPage
County if the levy for the special tax is less than the lesser
of (i) 0.08% or (ii) $12,000 per mile of road under the
jurisdiction of the road district, and if the levy for the
special tax is more than any other levy for road and bridge
purposes, then the levy for the special tax qualifies the road
district for a proportionate, rather than full, allotment
under this Section. If the levy for the special tax is equal to
or less than any other levy for road and bridge purposes, then
any allotment under this Section shall be determined by the
other levy for road and bridge purposes.
    Prior to 2011, if a township has transferred to the road
and bridge fund money which, when added to the amount of any
tax levy of the road district would be the equivalent of a tax
levy requiring extension at a rate of at least .08%, or, in
DuPage County, an amount equal to or greater than $12,000 per
mile of road under the jurisdiction of the road district,
whichever is less, such transfer, together with any such tax
levy, shall be deemed a proper compliance with this Section
and shall qualify the road district for an allotment under
this Section.
    In counties in which a property tax extension limitation
is imposed under the Property Tax Extension Limitation Law,
road districts may retain their entitlement to a motor fuel
tax allotment or, beginning in 2011, their entitlement to a
full allotment if, at the time the property tax extension
limitation was imposed, the road district was levying a road
and bridge tax at a rate sufficient to entitle it to a motor
fuel tax allotment and continues to levy the maximum allowable
amount after the imposition of the property tax extension
limitation. Any road district may in all circumstances retain
its entitlement to a motor fuel tax allotment or, beginning in
2011, its entitlement to a full allotment if it levied a road
and bridge tax in an amount that will require the extension of
the tax against the taxable property in the road district at a
rate of not less than 0.08% of the assessed value of the
property, based upon the assessment for the year immediately
preceding the year in which the tax was levied and as equalized
by the Department of Revenue or, in DuPage County, an amount
equal to or greater than $12,000 per mile of road under the
jurisdiction of the road district, whichever is less.
    As used in this Section, the term "road district" means
any road district, including a county unit road district,
provided for by the Illinois Highway Code; and the term
"township or district road" means any road in the township and
district road system as defined in the Illinois Highway Code.
For the purposes of this Section, "township or district road"
also includes such roads as are maintained by park districts,
forest preserve districts and conservation districts. The
Department of Transportation shall determine the mileage of
all township and district roads for the purposes of making
allotments and allocations of motor fuel tax funds for use in
road districts.
    Payment of motor fuel tax moneys to municipalities and
counties shall be made as soon as possible after the allotment
is made. The treasurer of the municipality or county may
invest these funds until their use is required and the
interest earned by these investments shall be limited to the
same uses as the principal funds.
(Source: P.A. 101-32, eff. 6-28-19; 101-230, eff. 8-9-19;
101-493, eff. 8-23-19; 102-16, eff. 6-17-21; 102-558, eff.
8-20-21.)
 
    Section 5-66. The Illinois Pension Code is amended by
changing Section 1-110.16 as follows:
 
    (40 ILCS 5/1-110.16)
    Sec. 1-110.16. Transactions prohibited by retirement
systems; companies that boycott Israel, for-profit companies
that contract to shelter migrant children, Iran-restricted
companies, Sudan-restricted companies, and expatriated
entities.
    (a) As used in this Section:
        "Boycott Israel" means engaging in actions that are
    politically motivated and are intended to penalize,
    inflict economic harm on, or otherwise limit commercial
    relations with the State of Israel or companies based in
    the State of Israel or in territories controlled by the
    State of Israel.
        "Company" means any sole proprietorship, organization,
    association, corporation, partnership, joint venture,
    limited partnership, limited liability partnership,
    limited liability company, or other entity or business
    association, including all wholly owned subsidiaries,
    majority-owned subsidiaries, parent companies, or
    affiliates of those entities or business associations,
    that exist for the purpose of making profit.
        "Contract to shelter migrant children" means entering
    into a contract with the federal government to shelter
    migrant children under the federal Unaccompanied Alien
    Children Program or a substantially similar federal
    program.
        "Illinois Investment Policy Board" means the board
    established under subsection (b) of this Section.
        "Direct holdings" in a company means all publicly
    traded securities of that company that are held directly
    by the retirement system in an actively managed account or
    fund in which the retirement system owns all shares or
    interests.
        "Expatriated entity" has the meaning ascribed to it in
    Section 1-15.120 of the Illinois Procurement Code.
        "Indirect holdings" in a company means all securities
    of that company that are held in an account or fund, such
    as a mutual fund, managed by one or more persons not
    employed by the retirement system, in which the retirement
    system owns shares or interests together with other
    investors not subject to the provisions of this Section or
    that are held in an index fund.
        "Iran-restricted company" means a company that meets
    the qualifications under Section 1-110.15 of this Code.
        "Private market fund" means any private equity fund,
    private equity funds of funds, venture capital fund, hedge
    fund, hedge fund of funds, real estate fund, or other
    investment vehicle that is not publicly traded.
        "Restricted companies" means companies that boycott
    Israel, for-profit companies that contract to shelter
    migrant children, Iran-restricted companies,
    Sudan-restricted companies, and expatriated entities.
        "Retirement system" means a retirement system
    established under Article 2, 14, 15, 16, or 18 of this Code
    or the Illinois State Board of Investment.
        "Sudan-restricted company" means a company that meets
    the qualifications under Section 1-110.6 of this Code.
    (b) There shall be established an Illinois Investment
Policy Board. The Illinois Investment Policy Board shall
consist of 7 members. Each board of a pension fund or
investment board created under Article 15, 16, or 22A of this
Code shall appoint one member, and the Governor shall appoint
4 members. The Governor shall designate one member of the
Board as the Chairperson.
    (b-5) The term of office of each member appointed by the
Governor, who is serving on the Board on June 30, 2022, is
abolished on that date. The terms of office of members
appointed by the Governor after June 30, 2022 shall be as
follows: 2 initial members shall be appointed for terms of 2
years, and 2 initial members shall be appointed for terms of 4
years. Thereafter, the members appointed by the Governor shall
hold office for 4 years, except that any member chosen to fill
a vacancy occurring otherwise than by expiration of a term
shall be appointed only for the unexpired term of the member
whom he or she shall succeed. Board members may be
reappointed. The Governor may remove a Governor's appointee to
the Board for incompetence, neglect of duty, malfeasance, or
inability to serve.
    (c) Notwithstanding any provision of law to the contrary,
beginning January 1, 2016, Sections 110.15 and 1-110.6 of this
Code shall be administered in accordance with this Section.
    (d) By April 1, 2016, the Illinois Investment Policy Board
shall make its best efforts to identify all Iran-restricted
companies, Sudan-restricted companies, and companies that
boycott Israel and assemble those identified companies into a
list of restricted companies, to be distributed to each
retirement system.
    These efforts shall include the following, as appropriate
in the Illinois Investment Policy Board's judgment:
        (1) reviewing and relying on publicly available
    information regarding Iran-restricted companies,
    Sudan-restricted companies, and companies that boycott
    Israel, including information provided by nonprofit
    organizations, research firms, and government entities;
        (2) contacting asset managers contracted by the
    retirement systems that invest in Iran-restricted
    companies, Sudan-restricted companies, and companies that
    boycott Israel;
        (3) contacting other institutional investors that have
    divested from or engaged with Iran-restricted companies,
    Sudan-restricted companies, and companies that boycott
    Israel; and
        (4) retaining an independent research firm to identify
    Iran-restricted companies, Sudan-restricted companies,
    and companies that boycott Israel.
    The Illinois Investment Policy Board shall review the list
of restricted companies on a quarterly basis based on evolving
information from, among other sources, those listed in this
subsection (d) and distribute any updates to the list of
restricted companies to the retirement systems and the State
Treasurer.
    By April 1, 2018, the Illinois Investment Policy Board
shall make its best efforts to identify all expatriated
entities and include those companies in the list of restricted
companies distributed to each retirement system and the State
Treasurer. These efforts shall include the following, as
appropriate in the Illinois Investment Policy Board's
judgment:
        (1) reviewing and relying on publicly available
    information regarding expatriated entities, including
    information provided by nonprofit organizations, research
    firms, and government entities;
        (2) contacting asset managers contracted by the
    retirement systems that invest in expatriated entities;
        (3) contacting other institutional investors that have
    divested from or engaged with expatriated entities; and
        (4) retaining an independent research firm to identify
    expatriated entities.
    By July 1, 2022, the Illinois Investment Policy Board
shall make its best efforts to identify all for-profit
companies that contract to shelter migrant children and
include those companies in the list of restricted companies
distributed to each retirement system. These efforts shall
include the following, as appropriate in the Illinois
Investment Policy Board's judgment:
        (1) reviewing and relying on publicly available
    information regarding for-profit companies that contract
    to shelter migrant children, including information
    provided by nonprofit organizations, research firms, and
    government entities;
        (2) contacting asset managers contracted by the
    retirement systems that invest in for-profit companies
    that contract to shelter migrant children;
        (3) contacting other institutional investors that have
    divested from or engaged with for-profit companies that
    contract to shelter migrant children; and
        (4) retaining an independent research firm to identify
    for-profit companies that contract to shelter migrant
    children.
    (e) The Illinois Investment Policy Board shall adhere to
the following procedures for companies on the list of
restricted companies:
        (1) For each company newly identified in subsection
    (d), the Illinois Investment Policy Board shall send a
    written notice informing the company of its status and
    that it may become subject to divestment or shareholder
    activism by the retirement systems.
        (2) If, following the Illinois Investment Policy
    Board's engagement pursuant to this subsection (e) with a
    restricted company, that company ceases activity that
    designates the company to be an Iran-restricted company, a
    Sudan-restricted company, a company that boycotts Israel,
    an expatriated entity, or a for-profit company that
    contracts to shelter migrant children, the company shall
    be removed from the list of restricted companies and the
    provisions of this Section shall cease to apply to it
    unless it resumes such activities.
    (f) Except as provided in subsection (f-1) of this Section
the retirement system shall adhere to the following procedures
for companies on the list of restricted companies:
        (1) The retirement system shall identify those
    companies on the list of restricted companies in which the
    retirement system owns direct holdings and indirect
    holdings.
        (2) The retirement system shall instruct its
    investment advisors to sell, redeem, divest, or withdraw
    all direct holdings of restricted companies from the
    retirement system's assets under management in an orderly
    and fiduciarily responsible manner within 12 months after
    the company's most recent appearance on the list of
    restricted companies.
        (3) The retirement system may not acquire securities
    of restricted companies.
        (4) The provisions of this subsection (f) do not apply
    to the retirement system's indirect holdings or private
    market funds. The Illinois Investment Policy Board shall
    submit letters to the managers of those investment funds
    containing restricted companies requesting that they
    consider removing the companies from the fund or create a
    similar actively managed fund having indirect holdings
    devoid of the companies. If the manager creates a similar
    fund, the retirement system shall replace all applicable
    investments with investments in the similar fund in an
    expedited timeframe consistent with prudent investing
    standards.
    (f-1) The retirement system shall adhere to the following
procedures for restricted companies that are expatriated
entities or for-profit companies that contract to shelter
migrant children:
        (1) To the extent that the retirement system believes
    that shareholder activism would be more impactful than
    divestment, the retirement system shall have the authority
    to engage with a restricted company prior to divesting.
        (2) Subject to any applicable State or Federal laws,
    methods of shareholder activism utilized by the retirement
    system may include, but are not limited to, bringing
    shareholder resolutions and proxy voting on shareholder
    resolutions.
        (3) The retirement system shall report on its
    shareholder activism and the outcome of such efforts to
    the Illinois Investment Policy Board by April 1 of each
    year.
        (4) If the engagement efforts of the retirement system
    are unsuccessful, then it shall adhere to the procedures
    under subsection (f) of this Section.
    (g) Upon request, and by April 1 of each year, each
retirement system shall provide the Illinois Investment Policy
Board with information regarding investments sold, redeemed,
divested, or withdrawn in compliance with this Section.
    (h) Notwithstanding any provision of this Section to the
contrary, a retirement system may cease divesting from
companies pursuant to subsection (f) if clear and convincing
evidence shows that the value of investments in such companies
becomes equal to or less than 0.5% of the market value of all
assets under management by the retirement system. For any
cessation of divestment authorized by this subsection (h), the
retirement system shall provide a written notice to the
Illinois Investment Policy Board in advance of the cessation
of divestment, setting forth the reasons and justification,
supported by clear and convincing evidence, for its decision
to cease divestment under subsection (f).
    (i) The cost associated with the activities of the
Illinois Investment Policy Board shall be borne by the boards
of each pension fund or investment board created under Article
15, 16, or 22A of this Code.
    (j) With respect to actions taken in compliance with this
Section, including all good-faith determinations regarding
companies as required by this Section, the retirement system
and Illinois Investment Policy Board are exempt from any
conflicting statutory or common law obligations, including any
fiduciary duties under this Article and any obligations with
respect to choice of asset managers, investment funds, or
investments for the retirement system's securities portfolios.
    (k) It is not the intent of the General Assembly in
enacting this amendatory Act of the 99th General Assembly to
cause divestiture from any company based in the United States
of America. The Illinois Investment Policy Board shall
consider this intent when developing or reviewing the list of
restricted companies.
    (l) If any provision of this amendatory Act of the 99th
General Assembly or its application to any person or
circumstance is held invalid, the invalidity of that provision
or application does not affect other provisions or
applications of this amendatory Act of the 99th General
Assembly that can be given effect without the invalid
provision or application.
    If any provision of Public Act 100-551 or its application
to any person or circumstance is held invalid, the invalidity
of that provision or application does not affect other
provisions or applications of Public Act 100-551 that can be
given effect without the invalid provision or application.
    If any provision of this amendatory Act of the 102nd
General Assembly or its application to any person or
circumstance is held invalid, the invalidity of that provision
or application does not affect other provisions or
applications of this amendatory Act of the 102nd General
Assembly that can be given effect without the invalid
provision or application.
(Source: P.A. 102-118, eff. 7-23-21.)
 
    Section 5-67. The Law Enforcement Camera Grant Act is
amended by changing Section 5 as follows:
 
    (50 ILCS 707/5)
    Sec. 5. Definitions. As used in this Act:
    "Board" means the Illinois Law Enforcement Training
Standards Board created by the Illinois Police Training Act.
    "In-car video camera" means a video camera located in a
law enforcement patrol vehicle.
    "In-car video camera recording equipment" means a video
camera recording system located in a law enforcement patrol
vehicle consisting of a camera assembly, recording mechanism,
and an in-car video recording medium.
    "In uniform" means a law enforcement officer who is
wearing any officially authorized uniform designated by a law
enforcement agency, or a law enforcement officer who is
visibly wearing articles of clothing, badge, tactical gear,
gun belt, a patch, or other insignia indicating that he or she
is a law enforcement officer acting in the course of his or her
duties.
    "Law enforcement officer" or "officer" means any person
employed by a unit of local government county, municipality,
township, or an Illinois public university as a policeman,
peace officer or in some like position involving the
enforcement of the law and protection of the public interest
at the risk of that person's life.
    "Officer-worn body camera" means an electronic camera
system for creating, generating, sending, receiving, storing,
displaying, and processing audiovisual recordings that may be
worn about the person of a law enforcement officer.
    "Recording" means the process of capturing data or
information stored on a recording medium as required under
this Act.
    "Recording medium" means any recording medium authorized
by the Board for the retention and playback of recorded audio
and video including, but not limited to, VHS, DVD, hard drive,
cloud storage, solid state, digital, flash memory technology,
or any other electronic medium.
    "Unit of local government" has the meaning ascribed to it
in Section 1 of Article VII of the Illinois Constitution.
(Source: P.A. 102-16, eff. 6-17-21.)
 
    Section 5-69. The Illinois Municipal Code is amended by
changing Sections 8-3-14b and 8-3-14c as follows:
 
    (65 ILCS 5/8-3-14b)
    (Section scheduled to be repealed on January 1, 2023)
    Sec. 8-3-14b. Municipal hotel operators' tax in DuPage
County. For any municipality located within DuPage County that
belongs to a not-for-profit organization headquartered in
DuPage County that is recognized by the Department of Commerce
and Economic Opportunity as a certified local tourism and
convention bureau entitled to receive State tourism grant
funds, not less than 75% of the amounts collected pursuant to
Section 8-3-14 shall be expended by the municipality to
promote tourism and conventions within that municipality or
otherwise to attract nonresident overnight visitors to the
municipality, and the remainder of the amounts collected by a
municipality within DuPage County pursuant to Section 8-3-14
may be expended by the municipality for economic development
or capital infrastructure.
    This Section is repealed on January 1, 2025 January 1,
2023.
(Source: P.A. 101-204, eff. 8-2-19.)
 
    (65 ILCS 5/8-3-14c)
    (Section scheduled to be repealed on January 1, 2023)
    Sec. 8-3-14c. Municipal hotel use tax in DuPage County.
For any municipality located within DuPage County that belongs
to a not-for-profit organization headquartered in DuPage
County that is recognized by the Department of Commerce and
Economic Opportunity as a certified local tourism and
convention bureau entitled to receive State tourism grant
funds, not less than 75% of the amounts collected pursuant to
Section 8-3-14a shall be expended by the municipality to
promote tourism and conventions within that municipality or
otherwise to attract nonresident overnight visitors to the
municipality, and the remainder of the amounts collected by a
municipality within DuPage County pursuant to Section 8-3-14a
may be expended by the municipality for economic development
or capital infrastructure.
    This Section is repealed on January 1, 2025 January 1,
2023.
(Source: P.A. 101-204, eff. 8-2-19.)
 
    Section 5-70. The Metropolitan Pier and Exposition
Authority Act is amended by changing Sections 5 and 14 as
follows:
 
    (70 ILCS 210/5)  (from Ch. 85, par. 1225)
    Sec. 5. The Metropolitan Pier and Exposition Authority
shall also have the following rights and powers:
        (a) To accept from Chicago Park Fair, a corporation,
    an assignment of whatever sums of money it may have
    received from the Fair and Exposition Fund, allocated by
    the Department of Agriculture of the State of Illinois,
    and Chicago Park Fair is hereby authorized to assign, set
    over and transfer any of those funds to the Metropolitan
    Pier and Exposition Authority. The Authority has the right
    and power hereafter to receive sums as may be distributed
    to it by the Department of Agriculture of the State of
    Illinois from the Fair and Exposition Fund pursuant to the
    provisions of Sections 5, 6i, and 28 of the State Finance
    Act. All sums received by the Authority shall be held in
    the sole custody of the secretary-treasurer of the
    Metropolitan Pier and Exposition Board.
        (b) To accept the assignment of, assume and execute
    any contracts heretofore entered into by Chicago Park
    Fair.
        (c) To acquire, own, construct, equip, lease, operate
    and maintain grounds, buildings and facilities to carry
    out its corporate purposes and duties, and to carry out or
    otherwise provide for the recreational, cultural,
    commercial or residential development of Navy Pier, and to
    fix and collect just, reasonable and nondiscriminatory
    charges for the use thereof. The charges so collected
    shall be made available to defray the reasonable expenses
    of the Authority and to pay the principal of and the
    interest upon any revenue bonds issued by the Authority.
    The Authority shall be subject to and comply with the Lake
    Michigan and Chicago Lakefront Protection Ordinance, the
    Chicago Building Code, the Chicago Zoning Ordinance, and
    all ordinances and regulations of the City of Chicago
    contained in the following Titles of the Municipal Code of
    Chicago: Businesses, Occupations and Consumer Protection;
    Health and Safety; Fire Prevention; Public Peace, Morals
    and Welfare; Utilities and Environmental Protection;
    Streets, Public Ways, Parks, Airports and Harbors;
    Electrical Equipment and Installation; Housing and
    Economic Development (only Chapter 5-4 thereof); and
    Revenue and Finance (only so far as such Title pertains to
    the Authority's duty to collect taxes on behalf of the
    City of Chicago).
        (d) To enter into contracts treating in any manner
    with the objects and purposes of this Act.
        (e) To lease any buildings to the Adjutant General of
    the State of Illinois for the use of the Illinois National
    Guard or the Illinois Naval Militia.
        (f) To exercise the right of eminent domain by
    condemnation proceedings in the manner provided by the
    Eminent Domain Act, including, with respect to Site B
    only, the authority to exercise quick take condemnation by
    immediate vesting of title under Article 20 of the Eminent
    Domain Act, to acquire any privately owned real or
    personal property and, with respect to Site B only, public
    property used for rail transportation purposes (but no
    such taking of such public property shall, in the
    reasonable judgment of the owner, interfere with such rail
    transportation) for the lawful purposes of the Authority
    in Site A, at Navy Pier, and at Site B. Just compensation
    for property taken or acquired under this paragraph shall
    be paid in money or, notwithstanding any other provision
    of this Act and with the agreement of the owner of the
    property to be taken or acquired, the Authority may convey
    substitute property or interests in property or enter into
    agreements with the property owner, including leases,
    licenses, or concessions, with respect to any property
    owned by the Authority, or may provide for other lawful
    forms of just compensation to the owner. Any property
    acquired in condemnation proceedings shall be used only as
    provided in this Act. Except as otherwise provided by law,
    the City of Chicago shall have a right of first refusal
    prior to any sale of any such property by the Authority to
    a third party other than substitute property. The
    Authority shall develop and implement a relocation plan
    for businesses displaced as a result of the Authority's
    acquisition of property. The relocation plan shall be
    substantially similar to provisions of the Uniform
    Relocation Assistance and Real Property Acquisition Act
    and regulations promulgated under that Act relating to
    assistance to displaced businesses. To implement the
    relocation plan the Authority may acquire property by
    purchase or gift or may exercise the powers authorized in
    this subsection (f), except the immediate vesting of title
    under Article 20 of the Eminent Domain Act, to acquire
    substitute private property within one mile of Site B for
    the benefit of displaced businesses located on property
    being acquired by the Authority. However, no such
    substitute property may be acquired by the Authority
    unless the mayor of the municipality in which the property
    is located certifies in writing that the acquisition is
    consistent with the municipality's land use and economic
    development policies and goals. The acquisition of
    substitute property is declared to be for public use. In
    exercising the powers authorized in this subsection (f),
    the Authority shall use its best efforts to relocate
    businesses within the area of McCormick Place or, failing
    that, within the City of Chicago.
        (g) To enter into contracts relating to construction
    projects which provide for the delivery by the contractor
    of a completed project, structure, improvement, or
    specific portion thereof, for a fixed maximum price, which
    contract may provide that the delivery of the project,
    structure, improvement, or specific portion thereof, for
    the fixed maximum price is insured or guaranteed by a
    third party capable of completing the construction.
        (h) To enter into agreements with any person with
    respect to the use and occupancy of the grounds,
    buildings, and facilities of the Authority, including
    concession, license, and lease agreements on terms and
    conditions as the Authority determines. Notwithstanding
    Section 24, agreements with respect to the use and
    occupancy of the grounds, buildings, and facilities of the
    Authority for a term of more than one year shall be entered
    into in accordance with the procurement process provided
    for in Section 25.1.
        (i) To enter into agreements with any person with
    respect to the operation and management of the grounds,
    buildings, and facilities of the Authority or the
    provision of goods and services on terms and conditions as
    the Authority determines.
        (j) After conducting the procurement process provided
    for in Section 25.1, to enter into one or more contracts to
    provide for the design and construction of all or part of
    the Authority's Expansion Project grounds, buildings, and
    facilities. Any contract for design and construction of
    the Expansion Project shall be in the form authorized by
    subsection (g), shall be for a fixed maximum price not in
    excess of the funds that are authorized to be made
    available for those purposes during the term of the
    contract, and shall be entered into before commencement of
    construction.
        (k) To enter into agreements, including project
    agreements with labor unions, that the Authority deems
    necessary to complete the Expansion Project or any other
    construction or improvement project in the most timely and
    efficient manner and without strikes, picketing, or other
    actions that might cause disruption or delay and thereby
    add to the cost of the project.
        (l) To provide incentives to organizations and
    entities that agree to make use of the grounds, buildings,
    and facilities of the Authority for conventions, meetings,
    or trade shows. The incentives may take the form of
    discounts from regular fees charged by the Authority,
    subsidies for or assumption of the costs incurred with
    respect to the convention, meeting, or trade show, or
    other inducements. The Authority shall award incentives to
    attract or retain conventions, meetings, and trade shows
    under the terms set forth in this subsection (l) from
    amounts appropriated to the Authority from the
    Metropolitan Pier and Exposition Authority Incentive Fund
    for this purpose.
        No later than May 15 of each year, the Chief Executive
    Officer of the Metropolitan Pier and Exposition Authority
    shall certify to the State Comptroller and the State
    Treasurer the amounts of incentive grant funds used during
    the current fiscal year to provide incentives for
    conventions, meetings, or trade shows that:
            (i) have been approved by the Authority, in
        consultation with an organization meeting the
        qualifications set out in Section 5.6 of this Act,
        provided the Authority has entered into a marketing
        agreement with such an organization,
            (ii)(A) for fiscal years prior to 2022 and after
        2024, demonstrate registered attendance in excess of
        5,000 individuals or in excess of 10,000 individuals,
        as appropriate;
            (B) for fiscal years 2022 through 2024,
        demonstrate registered attendance in excess of 3,000
        individuals or in excess of 5,000 individuals, as
        appropriate; or
            (C) for fiscal years 2022 and 2023, regardless of
        registered attendance, demonstrate incurrence of costs
        associated with mitigation of COVID-19, including, but
        not limited to, costs for testing and screening,
        contact tracing and notification, personal protective
        equipment, and other physical and organizational
        costs, and
            (iii) in the case of subparagraphs (A) and (B) of
        paragraph (ii), but for the incentive, would not have
        used the facilities of the Authority for the
        convention, meeting, or trade show. The State
        Comptroller may request that the Auditor General
        conduct an audit of the accuracy of the certification.
        If the State Comptroller determines by this process of
        certification that incentive funds, in whole or in
        part, were disbursed by the Authority by means other
        than in accordance with the standards of this
        subsection (l), then any amount transferred to the
        Metropolitan Pier and Exposition Authority Incentive
        Fund shall be reduced during the next subsequent
        transfer in direct proportion to that amount
        determined to be in violation of the terms set forth in
        this subsection (l).
        On July 15, 2012, the Comptroller shall order
    transferred, and the Treasurer shall transfer, into the
    Metropolitan Pier and Exposition Authority Incentive Fund
    from the General Revenue Fund the sum of $7,500,000 plus
    an amount equal to the incentive grant funds certified by
    the Chief Executive Officer as having been lawfully paid
    under the provisions of this Section in the previous 2
    fiscal years that have not otherwise been transferred into
    the Metropolitan Pier and Exposition Authority Incentive
    Fund, provided that transfers in excess of $15,000,000
    shall not be made in any fiscal year.
        On July 15, 2013, the Comptroller shall order
    transferred, and the Treasurer shall transfer, into the
    Metropolitan Pier and Exposition Authority Incentive Fund
    from the General Revenue Fund the sum of $7,500,000 plus
    an amount equal to the incentive grant funds certified by
    the Chief Executive Officer as having been lawfully paid
    under the provisions of this Section in the previous
    fiscal year that have not otherwise been transferred into
    the Metropolitan Pier and Exposition Authority Incentive
    Fund, provided that transfers in excess of $15,000,000
    shall not be made in any fiscal year.
        On July 15, 2014, and every year thereafter, the
    Comptroller shall order transferred, and the Treasurer
    shall transfer, into the Metropolitan Pier and Exposition
    Authority Incentive Fund from the General Revenue Fund an
    amount equal to the incentive grant funds certified by the
    Chief Executive Officer as having been lawfully paid under
    the provisions of this Section in the previous fiscal year
    that have not otherwise been transferred into the
    Metropolitan Pier and Exposition Authority Incentive Fund,
    provided that (1) no transfers with respect to any
    previous fiscal year shall be made after the transfer has
    been made with respect to the 2017 fiscal year until the
    transfer that is made for the 2022 fiscal year and
    thereafter, and no transfers with respect to any previous
    fiscal year shall be made after the transfer has been made
    with respect to the 2026 fiscal year, and (2) transfers in
    excess of $15,000,000 shall not be made in any fiscal
    year.
        After a transfer has been made under this subsection
    (l), the Chief Executive Officer shall file a request for
    payment with the Comptroller evidencing that the incentive
    grants have been made and the Comptroller shall thereafter
    order paid, and the Treasurer shall pay, the requested
    amounts to the Metropolitan Pier and Exposition Authority.
        Excluding any amounts related to the payment of costs
    associated with the mitigation of COVID-19 in accordance
    with this subsection (l), in no case shall more than
    $5,000,000 be used in any one year by the Authority for
    incentives granted conventions, meetings, or trade shows
    with a registered attendance of (1) more than 5,000 and
    less than 10,000 prior to the 2022 fiscal year and after
    the 2024 fiscal year and (2) more than 3,000 and less than
    5,000 for fiscal years 2022 through 2024. Amounts in the
    Metropolitan Pier and Exposition Authority Incentive Fund
    shall only be used by the Authority for incentives paid to
    attract or retain conventions, meetings, and trade shows
    as provided in this subsection (l).
        (l-5) The Village of Rosemont shall provide incentives
    from amounts transferred into the Convention Center
    Support Fund to retain and attract conventions, meetings,
    or trade shows to the Donald E. Stephens Convention Center
    under the terms set forth in this subsection (l-5).
        No later than May 15 of each year, the Mayor of the
    Village of Rosemont or his or her designee shall certify
    to the State Comptroller and the State Treasurer the
    amounts of incentive grant funds used during the previous
    fiscal year to provide incentives for conventions,
    meetings, or trade shows that (1) have been approved by
    the Village, (2) demonstrate registered attendance in
    excess of 5,000 individuals, and (3) but for the
    incentive, would not have used the Donald E. Stephens
    Convention Center facilities for the convention, meeting,
    or trade show. The State Comptroller may request that the
    Auditor General conduct an audit of the accuracy of the
    certification.
        If the State Comptroller determines by this process of
    certification that incentive funds, in whole or in part,
    were disbursed by the Village by means other than in
    accordance with the standards of this subsection (l-5),
    then the amount transferred to the Convention Center
    Support Fund shall be reduced during the next subsequent
    transfer in direct proportion to that amount determined to
    be in violation of the terms set forth in this subsection
    (l-5).
        On July 15, 2012, and each year thereafter, the
    Comptroller shall order transferred, and the Treasurer
    shall transfer, into the Convention Center Support Fund
    from the General Revenue Fund the amount of $5,000,000 for
    (i) incentives to attract large conventions, meetings, and
    trade shows to the Donald E. Stephens Convention Center,
    and (ii) to be used by the Village of Rosemont for the
    repair, maintenance, and improvement of the Donald E.
    Stephens Convention Center and for debt service on debt
    instruments issued for those purposes by the village. No
    later than 30 days after the transfer, the Comptroller
    shall order paid, and the Treasurer shall pay, to the
    Village of Rosemont the amounts transferred.
        (m) To enter into contracts with any person conveying
    the naming rights or other intellectual property rights
    with respect to the grounds, buildings, and facilities of
    the Authority.
        (n) To enter into grant agreements with the Chicago
    Convention and Tourism Bureau providing for the marketing
    of the convention facilities to large and small
    conventions, meetings, and trade shows and the promotion
    of the travel industry in the City of Chicago, provided
    such agreements meet the requirements of Section 5.6 of
    this Act. Receipts of the Authority from the increase in
    the airport departure tax authorized in subsection (f) of
    Section 13 of this Act by Public Act 96-898 by Section
    13(f) of this amendatory Act of the 96th General Assembly
    and, subject to appropriation to the Authority, funds
    deposited in the Chicago Travel Industry Promotion Fund
    pursuant to Section 6 of the Hotel Operators' Occupation
    Tax Act shall be granted to the Bureau for such purposes.
        For Fiscal Year 2023 only, the Department of Commerce
    and Economic Opportunity shall enter into the grant
    agreements described in this subsection in place of the
    Authority. The grant agreements entered into by the
    Department and the Bureau under this subsection are not
    subject to the matching funds requirements or the other
    terms and conditions of Section 605-705 of the Department
    of Commerce and Economic Opportunity Law of the Civil
    Administrative Code of Illinois. Subject to appropriation,
    funds transferred into the Chicago Travel Industry
    Promotion Fund pursuant to subsection (f) of Section
    6z-121 of the State Finance Act shall be granted to the
    Bureau for the purposes described in this subsection. The
    Department shall have authority to make expenditures from
    the Chicago Travel Industry Promotion Fund solely for the
    purpose of providing grants to the Bureau.
(Source: P.A. 102-16, eff. 6-17-21.)
 
    (70 ILCS 210/14)  (from Ch. 85, par. 1234)
    Sec. 14. Board; compensation. The governing and
administrative body of the Authority shall be a board known as
the Metropolitan Pier and Exposition Board. On the effective
date of this amendatory Act of the 96th General Assembly, the
Trustee shall assume the duties and powers of the Board for a
period of 18 months or until the Board is fully constituted,
whichever is later. Any action requiring Board approval shall
be deemed approved by the Board if the Trustee approves the
action in accordance with Section 14.5. Beginning the first
Monday of the month occurring 18 months after the effective
date of this amendatory Act of the 96th General Assembly, the
Board shall consist of 9 members. The Governor shall appoint 4
members to the Board, subject to the advice and consent of the
Senate. The Mayor shall appoint 4 members to the Board. At
least one member of the Board shall represent the interests of
labor and at least one member of the Board shall represent the
interests of the convention industry. A majority of the
members appointed by the Governor and Mayor shall appoint a
ninth member to serve as the chairperson. The Board shall be
fully constituted when a quorum has been appointed. The
members of the board shall be individuals of generally
recognized ability and integrity. No member of the Board may
be (i) an officer or employee of, or a member of a board,
commission or authority of, the State, any unit of local
government or any school district or (ii) a person who served
on the Board prior to the effective date of this amendatory Act
of the 96th General Assembly.
    Of the initial members appointed by the Governor, one
shall serve for a term expiring June 1, 2013, one shall serve
for a term expiring June 1, 2014, one shall serve for a term
expiring June 1, 2015, and one shall serve for a term expiring
June 1, 2016, as determined by the Governor. Of the initial
members appointed by the Mayor, one shall serve for a term
expiring June 1, 2013, one shall serve for a term expiring June
1, 2014, one shall serve for a term expiring June 1, 2015, and
one shall serve for a term expiring June 1, 2016, as determined
by the Mayor. The initial chairperson appointed by the Board
shall serve a term for a term expiring June 1, 2015. Successors
shall be appointed to 4-year terms. No person may be appointed
to more than 3 terms.
    Members of the Board shall serve without compensation, but
shall be reimbursed for actual expenses incurred by them in
the performance of their duties. All members of the Board and
employees of the Authority are subject to the Illinois
Governmental Ethics Act, in accordance with its terms.
(Source: P.A. 100-1116, eff. 11-28-18.)
 
    Section 5-73. The Joliet Arsenal Development Authority Act
is amended by changing Section 55 as follows:
 
    (70 ILCS 508/55)
    Sec. 55. Abolition of Authority. The Authority shall be
abolished upon the last to occur of the following: (1)
expiration of the 30-year 25-year period that begins on the
effective date of this Act; or (2) one year after all revenue
bonds, notes, and other evidences of indebtedness of the
Authority have been fully paid and discharged or otherwise
provided for. Upon the abolition of the Authority, all of its
rights and property shall pass to and be vested in the State.
(Source: P.A. 96-1122, eff. 7-20-10.)
 
    Section 5-75. The School Code is amended by changing
Sections 2-3.33, 2-3.192, and 18-8.15 as follows:
 
    (105 ILCS 5/2-3.33)  (from Ch. 122, par. 2-3.33)
    Sec. 2-3.33. Recomputation of claims. To recompute within
3 years from the final date for filing of a claim any claim for
general State aid reimbursement to any school district and one
year from the final date for filing of a claim for
evidence-based funding if the claim has been found to be
incorrect and to adjust subsequent claims accordingly, and to
recompute and adjust any such claims within 6 years from the
final date for filing when there has been an adverse court or
administrative agency decision on the merits affecting the tax
revenues of the school district. However, no such adjustment
shall be made regarding equalized assessed valuation unless
the district's equalized assessed valuation is changed by
greater than $250,000 or 2%. Any adjustments for claims
recomputed for the 2016-2017 school year and prior school
years shall be applied to the apportionment of evidence-based
funding in Section 18-8.15 of this Code beginning in the
2017-2018 school year and thereafter. However, the
recomputation of a claim for evidence-based funding for a
school district shall not require the recomputation of claims
for all districts, and the State Board of Education shall only
make recomputations of evidence-based funding for those
districts where an adjustment is required. The State Board is
authorized to and shall apply corrections to data used in
evidence-based funding calculations that may result in current
year adjustments and shall recover funds previously scheduled
to be distributed or previously distributed to an
Organizational Unit or specially funded unit during a fiscal
year in accordance with Section 18-8.15 of this Code.
    Except in the case of an adverse court or administrative
agency decision, no recomputation of a State aid claim shall
be made pursuant to this Section as a result of a reduction in
the assessed valuation of a school district from the assessed
valuation of the district reported to the State Board of
Education by the Department of Revenue under Section 18-8.05
or 18-8.15 of this Code unless the requirements of Section
16-15 of the Property Tax Code and Section 2-3.84 of this Code
are complied with in all respects.
    This paragraph applies to all requests for recomputation
of a general State aid or evidence-based funding claim
received after June 30, 2003. In recomputing a general State
aid or evidence-based funding claim that was originally
calculated using an extension limitation equalized assessed
valuation under paragraph (3) of subsection (G) of Section
18-8.05 of this Code or Section 18-8.15 of this Code, a
qualifying reduction in equalized assessed valuation shall be
deducted from the extension limitation equalized assessed
valuation that was used in calculating the original claim.
    From the total amount of general State aid or
evidence-based funding to be provided to districts,
adjustments as a result of recomputation under this Section
together with adjustments under Section 2-3.84 must not exceed
$25 million, in the aggregate for all districts under both
Sections combined, of the general State aid or evidence-based
funding appropriation in any fiscal year; if necessary,
amounts shall be prorated among districts. If it is necessary
to prorate claims under this paragraph, then that portion of
each prorated claim that is approved but not paid in the
current fiscal year may be resubmitted as a valid claim in the
following fiscal year.
(Source: P.A. 100-465, eff. 8-31-17.)
 
    (105 ILCS 5/2-3.192 new)
    Sec. 2-3.192. Significant loss grant program. Subject to
specific State appropriation, the State Board shall make
Significant Loss Grants available to school districts that
meet all of the following requirements:
        (1) The district has been affected by a recent
    substantial loss of contributions from a single taxpayer
    that resulted in either a significant loss of the overall
    district Equalized Assessed Value or a significant loss in
    property tax revenue from January 1, 2018 through the
    effective date of this amendatory Act of the 102nd General
    Assembly.
        (2) The district's total equalized assessed value is
    significantly derived from a single taxpayer.
        (3) The district's administrative office is located in
    a county with less than 30,000 inhabitants.
        (4) The district has a total student enrollment of
    less than 500 students as published on the most recent
    Illinois School Report Card.
        (5) The district has a low income concentration of at
    least 45% as published on the most recent Illinois School
    Report Card.
    The Professional Review Panel shall make recommendations
to the State Board regarding grant eligibility and
allocations. The State Board shall determine grant eligibility
and allocations. This Section is repealed on July 1, 2023.
 
    (105 ILCS 5/18-8.15)
    Sec. 18-8.15. Evidence-Based Funding for student success
for the 2017-2018 and subsequent school years.
    (a) General provisions.
        (1) The purpose of this Section is to ensure that, by
    June 30, 2027 and beyond, this State has a kindergarten
    through grade 12 public education system with the capacity
    to ensure the educational development of all persons to
    the limits of their capacities in accordance with Section
    1 of Article X of the Constitution of the State of
    Illinois. To accomplish that objective, this Section
    creates a method of funding public education that is
    evidence-based; is sufficient to ensure every student
    receives a meaningful opportunity to learn irrespective of
    race, ethnicity, sexual orientation, gender, or
    community-income level; and is sustainable and
    predictable. When fully funded under this Section, every
    school shall have the resources, based on what the
    evidence indicates is needed, to:
            (A) provide all students with a high quality
        education that offers the academic, enrichment, social
        and emotional support, technical, and career-focused
        programs that will allow them to become competitive
        workers, responsible parents, productive citizens of
        this State, and active members of our national
        democracy;
            (B) ensure all students receive the education they
        need to graduate from high school with the skills
        required to pursue post-secondary education and
        training for a rewarding career;
            (C) reduce, with a goal of eliminating, the
        achievement gap between at-risk and non-at-risk
        students by raising the performance of at-risk
        students and not by reducing standards; and
            (D) ensure this State satisfies its obligation to
        assume the primary responsibility to fund public
        education and simultaneously relieve the
        disproportionate burden placed on local property taxes
        to fund schools.
        (2) The Evidence-Based Funding formula under this
    Section shall be applied to all Organizational Units in
    this State. The Evidence-Based Funding formula outlined in
    this Act is based on the formula outlined in Senate Bill 1
    of the 100th General Assembly, as passed by both
    legislative chambers. As further defined and described in
    this Section, there are 4 major components of the
    Evidence-Based Funding model:
            (A) First, the model calculates a unique Adequacy
        Target for each Organizational Unit in this State that
        considers the costs to implement research-based
        activities, the unit's student demographics, and
        regional wage differences.
            (B) Second, the model calculates each
        Organizational Unit's Local Capacity, or the amount
        each Organizational Unit is assumed to contribute
        toward its Adequacy Target from local resources.
            (C) Third, the model calculates how much funding
        the State currently contributes to the Organizational
        Unit and adds that to the unit's Local Capacity to
        determine the unit's overall current adequacy of
        funding.
            (D) Finally, the model's distribution method
        allocates new State funding to those Organizational
        Units that are least well-funded, considering both
        Local Capacity and State funding, in relation to their
        Adequacy Target.
        (3) An Organizational Unit receiving any funding under
    this Section may apply those funds to any fund so received
    for which that Organizational Unit is authorized to make
    expenditures by law.
        (4) As used in this Section, the following terms shall
    have the meanings ascribed in this paragraph (4):
        "Adequacy Target" is defined in paragraph (1) of
    subsection (b) of this Section.
        "Adjusted EAV" is defined in paragraph (4) of
    subsection (d) of this Section.
        "Adjusted Local Capacity Target" is defined in
    paragraph (3) of subsection (c) of this Section.
        "Adjusted Operating Tax Rate" means a tax rate for all
    Organizational Units, for which the State Superintendent
    shall calculate and subtract for the Operating Tax Rate a
    transportation rate based on total expenses for
    transportation services under this Code, as reported on
    the most recent Annual Financial Report in Pupil
    Transportation Services, function 2550 in both the
    Education and Transportation funds and functions 4110 and
    4120 in the Transportation fund, less any corresponding
    fiscal year State of Illinois scheduled payments excluding
    net adjustments for prior years for regular, vocational,
    or special education transportation reimbursement pursuant
    to Section 29-5 or subsection (b) of Section 14-13.01 of
    this Code divided by the Adjusted EAV. If an
    Organizational Unit's corresponding fiscal year State of
    Illinois scheduled payments excluding net adjustments for
    prior years for regular, vocational, or special education
    transportation reimbursement pursuant to Section 29-5 or
    subsection (b) of Section 14-13.01 of this Code exceed the
    total transportation expenses, as defined in this
    paragraph, no transportation rate shall be subtracted from
    the Operating Tax Rate.
        "Allocation Rate" is defined in paragraph (3) of
    subsection (g) of this Section.
        "Alternative School" means a public school that is
    created and operated by a regional superintendent of
    schools and approved by the State Board.
        "Applicable Tax Rate" is defined in paragraph (1) of
    subsection (d) of this Section.
        "Assessment" means any of those benchmark, progress
    monitoring, formative, diagnostic, and other assessments,
    in addition to the State accountability assessment, that
    assist teachers' needs in understanding the skills and
    meeting the needs of the students they serve.
        "Assistant principal" means a school administrator
    duly endorsed to be employed as an assistant principal in
    this State.
        "At-risk student" means a student who is at risk of
    not meeting the Illinois Learning Standards or not
    graduating from elementary or high school and who
    demonstrates a need for vocational support or social
    services beyond that provided by the regular school
    program. All students included in an Organizational Unit's
    Low-Income Count, as well as all English learner and
    disabled students attending the Organizational Unit, shall
    be considered at-risk students under this Section.
        "Average Student Enrollment" or "ASE" for fiscal year
    2018 means, for an Organizational Unit, the greater of the
    average number of students (grades K through 12) reported
    to the State Board as enrolled in the Organizational Unit
    on October 1 in the immediately preceding school year,
    plus the pre-kindergarten students who receive special
    education services of 2 or more hours a day as reported to
    the State Board on December 1 in the immediately preceding
    school year, or the average number of students (grades K
    through 12) reported to the State Board as enrolled in the
    Organizational Unit on October 1, plus the
    pre-kindergarten students who receive special education
    services of 2 or more hours a day as reported to the State
    Board on December 1, for each of the immediately preceding
    3 school years. For fiscal year 2019 and each subsequent
    fiscal year, "Average Student Enrollment" or "ASE" means,
    for an Organizational Unit, the greater of the average
    number of students (grades K through 12) reported to the
    State Board as enrolled in the Organizational Unit on
    October 1 and March 1 in the immediately preceding school
    year, plus the pre-kindergarten students who receive
    special education services as reported to the State Board
    on October 1 and March 1 in the immediately preceding
    school year, or the average number of students (grades K
    through 12) reported to the State Board as enrolled in the
    Organizational Unit on October 1 and March 1, plus the
    pre-kindergarten students who receive special education
    services as reported to the State Board on October 1 and
    March 1, for each of the immediately preceding 3 school
    years. For the purposes of this definition, "enrolled in
    the Organizational Unit" means the number of students
    reported to the State Board who are enrolled in schools
    within the Organizational Unit that the student attends or
    would attend if not placed or transferred to another
    school or program to receive needed services. For the
    purposes of calculating "ASE", all students, grades K
    through 12, excluding those attending kindergarten for a
    half day and students attending an alternative education
    program operated by a regional office of education or
    intermediate service center, shall be counted as 1.0. All
    students attending kindergarten for a half day shall be
    counted as 0.5, unless in 2017 by June 15 or by March 1 in
    subsequent years, the school district reports to the State
    Board of Education the intent to implement full-day
    kindergarten district-wide for all students, then all
    students attending kindergarten shall be counted as 1.0.
    Special education pre-kindergarten students shall be
    counted as 0.5 each. If the State Board does not collect or
    has not collected both an October 1 and March 1 enrollment
    count by grade or a December 1 collection of special
    education pre-kindergarten students as of August 31, 2017
    (the effective date of Public Act 100-465), it shall
    establish such collection for all future years. For any
    year in which a count by grade level was collected only
    once, that count shall be used as the single count
    available for computing a 3-year average ASE. Funding for
    programs operated by a regional office of education or an
    intermediate service center must be calculated using the
    Evidence-Based Funding formula under this Section for the
    2019-2020 school year and each subsequent school year
    until separate adequacy formulas are developed and adopted
    for each type of program. ASE for a program operated by a
    regional office of education or an intermediate service
    center must be determined by the March 1 enrollment for
    the program. For the 2019-2020 school year, the ASE used
    in the calculation must be the first-year ASE and, in that
    year only, the assignment of students served by a regional
    office of education or intermediate service center shall
    not result in a reduction of the March enrollment for any
    school district. For the 2020-2021 school year, the ASE
    must be the greater of the current-year ASE or the 2-year
    average ASE. Beginning with the 2021-2022 school year, the
    ASE must be the greater of the current-year ASE or the
    3-year average ASE. School districts shall submit the data
    for the ASE calculation to the State Board within 45 days
    of the dates required in this Section for submission of
    enrollment data in order for it to be included in the ASE
    calculation. For fiscal year 2018 only, the ASE
    calculation shall include only enrollment taken on October
    1. In recognition of the impact of COVID-19, the
    definition of "Average Student Enrollment" or "ASE" shall
    be adjusted for calculations under this Section for fiscal
    years 2022 through 2024. For fiscal years 2022 through
    2024, the enrollment used in the calculation of ASE
    representing the 2020-2021 school year shall be the
    greater of the enrollment for the 2020-2021 school year or
    the 2019-2020 school year.
        "Base Funding Guarantee" is defined in paragraph (10)
    of subsection (g) of this Section.
        "Base Funding Minimum" is defined in subsection (e) of
    this Section.
        "Base Tax Year" means the property tax levy year used
    to calculate the Budget Year allocation of primary State
    aid.
        "Base Tax Year's Extension" means the product of the
    equalized assessed valuation utilized by the county clerk
    in the Base Tax Year multiplied by the limiting rate as
    calculated by the county clerk and defined in PTELL.
        "Bilingual Education Allocation" means the amount of
    an Organizational Unit's final Adequacy Target
    attributable to bilingual education divided by the
    Organizational Unit's final Adequacy Target, the product
    of which shall be multiplied by the amount of new funding
    received pursuant to this Section. An Organizational
    Unit's final Adequacy Target attributable to bilingual
    education shall include all additional investments in
    English learner students' adequacy elements.
        "Budget Year" means the school year for which primary
    State aid is calculated and awarded under this Section.
        "Central office" means individual administrators and
    support service personnel charged with managing the
    instructional programs, business and operations, and
    security of the Organizational Unit.
        "Comparable Wage Index" or "CWI" means a regional cost
    differentiation metric that measures systemic, regional
    variations in the salaries of college graduates who are
    not educators. The CWI utilized for this Section shall,
    for the first 3 years of Evidence-Based Funding
    implementation, be the CWI initially developed by the
    National Center for Education Statistics, as most recently
    updated by Texas A & M University. In the fourth and
    subsequent years of Evidence-Based Funding implementation,
    the State Superintendent shall re-determine the CWI using
    a similar methodology to that identified in the Texas A & M
    University study, with adjustments made no less frequently
    than once every 5 years.
        "Computer technology and equipment" means computers
    servers, notebooks, network equipment, copiers, printers,
    instructional software, security software, curriculum
    management courseware, and other similar materials and
    equipment.
        "Computer technology and equipment investment
    allocation" means the final Adequacy Target amount of an
    Organizational Unit assigned to Tier 1 or Tier 2 in the
    prior school year attributable to the additional $285.50
    per student computer technology and equipment investment
    grant divided by the Organizational Unit's final Adequacy
    Target, the result of which shall be multiplied by the
    amount of new funding received pursuant to this Section.
    An Organizational Unit assigned to a Tier 1 or Tier 2 final
    Adequacy Target attributable to the received computer
    technology and equipment investment grant shall include
    all additional investments in computer technology and
    equipment adequacy elements.
        "Core subject" means mathematics; science; reading,
    English, writing, and language arts; history and social
    studies; world languages; and subjects taught as Advanced
    Placement in high schools.
        "Core teacher" means a regular classroom teacher in
    elementary schools and teachers of a core subject in
    middle and high schools.
        "Core Intervention teacher (tutor)" means a licensed
    teacher providing one-on-one or small group tutoring to
    students struggling to meet proficiency in core subjects.
        "CPPRT" means corporate personal property replacement
    tax funds paid to an Organizational Unit during the
    calendar year one year before the calendar year in which a
    school year begins, pursuant to "An Act in relation to the
    abolition of ad valorem personal property tax and the
    replacement of revenues lost thereby, and amending and
    repealing certain Acts and parts of Acts in connection
    therewith", certified August 14, 1979, as amended (Public
    Act 81-1st S.S.-1).
        "EAV" means equalized assessed valuation as defined in
    paragraph (2) of subsection (d) of this Section and
    calculated in accordance with paragraph (3) of subsection
    (d) of this Section.
        "ECI" means the Bureau of Labor Statistics' national
    employment cost index for civilian workers in educational
    services in elementary and secondary schools on a
    cumulative basis for the 12-month calendar year preceding
    the fiscal year of the Evidence-Based Funding calculation.
        "EIS Data" means the employment information system
    data maintained by the State Board on educators within
    Organizational Units.
        "Employee benefits" means health, dental, and vision
    insurance offered to employees of an Organizational Unit,
    the costs associated with the statutorily required payment
    of the normal cost of the Organizational Unit's teacher
    pensions, Social Security employer contributions, and
    Illinois Municipal Retirement Fund employer contributions.
        "English learner" or "EL" means a child included in
    the definition of "English learners" under Section 14C-2
    of this Code participating in a program of transitional
    bilingual education or a transitional program of
    instruction meeting the requirements and program
    application procedures of Article 14C of this Code. For
    the purposes of collecting the number of EL students
    enrolled, the same collection and calculation methodology
    as defined above for "ASE" shall apply to English
    learners, with the exception that EL student enrollment
    shall include students in grades pre-kindergarten through
    12.
        "Essential Elements" means those elements, resources,
    and educational programs that have been identified through
    academic research as necessary to improve student success,
    improve academic performance, close achievement gaps, and
    provide for other per student costs related to the
    delivery and leadership of the Organizational Unit, as
    well as the maintenance and operations of the unit, and
    which are specified in paragraph (2) of subsection (b) of
    this Section.
        "Evidence-Based Funding" means State funding provided
    to an Organizational Unit pursuant to this Section.
        "Extended day" means academic and enrichment programs
    provided to students outside the regular school day before
    and after school or during non-instructional times during
    the school day.
        "Extension Limitation Ratio" means a numerical ratio
    in which the numerator is the Base Tax Year's Extension
    and the denominator is the Preceding Tax Year's Extension.
        "Final Percent of Adequacy" is defined in paragraph
    (4) of subsection (f) of this Section.
        "Final Resources" is defined in paragraph (3) of
    subsection (f) of this Section.
        "Full-time equivalent" or "FTE" means the full-time
    equivalency compensation for staffing the relevant
    position at an Organizational Unit.
        "Funding Gap" is defined in paragraph (1) of
    subsection (g).
        "Hybrid District" means a partial elementary unit
    district created pursuant to Article 11E of this Code.
        "Instructional assistant" means a core or special
    education, non-licensed employee who assists a teacher in
    the classroom and provides academic support to students.
        "Instructional facilitator" means a qualified teacher
    or licensed teacher leader who facilitates and coaches
    continuous improvement in classroom instruction; provides
    instructional support to teachers in the elements of
    research-based instruction or demonstrates the alignment
    of instruction with curriculum standards and assessment
    tools; develops or coordinates instructional programs or
    strategies; develops and implements training; chooses
    standards-based instructional materials; provides
    teachers with an understanding of current research; serves
    as a mentor, site coach, curriculum specialist, or lead
    teacher; or otherwise works with fellow teachers, in
    collaboration, to use data to improve instructional
    practice or develop model lessons.
        "Instructional materials" means relevant
    instructional materials for student instruction,
    including, but not limited to, textbooks, consumable
    workbooks, laboratory equipment, library books, and other
    similar materials.
        "Laboratory School" means a public school that is
    created and operated by a public university and approved
    by the State Board.
        "Librarian" means a teacher with an endorsement as a
    library information specialist or another individual whose
    primary responsibility is overseeing library resources
    within an Organizational Unit.
        "Limiting rate for Hybrid Districts" means the
    combined elementary school and high school limiting rates.
        "Local Capacity" is defined in paragraph (1) of
    subsection (c) of this Section.
        "Local Capacity Percentage" is defined in subparagraph
    (A) of paragraph (2) of subsection (c) of this Section.
        "Local Capacity Ratio" is defined in subparagraph (B)
    of paragraph (2) of subsection (c) of this Section.
        "Local Capacity Target" is defined in paragraph (2) of
    subsection (c) of this Section.
        "Low-Income Count" means, for an Organizational Unit
    in a fiscal year, the higher of the average number of
    students for the prior school year or the immediately
    preceding 3 school years who, as of July 1 of the
    immediately preceding fiscal year (as determined by the
    Department of Human Services), are eligible for at least
    one of the following low-income programs: Medicaid, the
    Children's Health Insurance Program, Temporary Assistance
    for Needy Families (TANF), or the Supplemental Nutrition
    Assistance Program, excluding pupils who are eligible for
    services provided by the Department of Children and Family
    Services. Until such time that grade level low-income
    populations become available, grade level low-income
    populations shall be determined by applying the low-income
    percentage to total student enrollments by grade level.
    The low-income percentage is determined by dividing the
    Low-Income Count by the Average Student Enrollment. The
    low-income percentage for programs operated by a regional
    office of education or an intermediate service center must
    be set to the weighted average of the low-income
    percentages of all of the school districts in the service
    region. The weighted low-income percentage is the result
    of multiplying the low-income percentage of each school
    district served by the regional office of education or
    intermediate service center by each school district's
    Average Student Enrollment, summarizing those products and
    dividing the total by the total Average Student Enrollment
    for the service region.
        "Maintenance and operations" means custodial services,
    facility and ground maintenance, facility operations,
    facility security, routine facility repairs, and other
    similar services and functions.
        "Minimum Funding Level" is defined in paragraph (9) of
    subsection (g) of this Section.
        "New Property Tax Relief Pool Funds" means, for any
    given fiscal year, all State funds appropriated under
    Section 2-3.170 of this Code.
        "New State Funds" means, for a given school year, all
    State funds appropriated for Evidence-Based Funding in
    excess of the amount needed to fund the Base Funding
    Minimum for all Organizational Units in that school year.
        "Net State Contribution Target" means, for a given
    school year, the amount of State funds that would be
    necessary to fully meet the Adequacy Target of an
    Operational Unit minus the Preliminary Resources available
    to each unit.
        "Nurse" means an individual licensed as a certified
    school nurse, in accordance with the rules established for
    nursing services by the State Board, who is an employee of
    and is available to provide health care-related services
    for students of an Organizational Unit.
        "Operating Tax Rate" means the rate utilized in the
    previous year to extend property taxes for all purposes,
    except Bond and Interest, Summer School, Rent, Capital
    Improvement, and Vocational Education Building purposes.
    For Hybrid Districts, the Operating Tax Rate shall be the
    combined elementary and high school rates utilized in the
    previous year to extend property taxes for all purposes,
    except Bond and Interest, Summer School, Rent, Capital
    Improvement, and Vocational Education Building purposes.
        "Organizational Unit" means a Laboratory School or any
    public school district that is recognized as such by the
    State Board and that contains elementary schools typically
    serving kindergarten through 5th grades, middle schools
    typically serving 6th through 8th grades, high schools
    typically serving 9th through 12th grades, a program
    established under Section 2-3.66 or 2-3.41, or a program
    operated by a regional office of education or an
    intermediate service center under Article 13A or 13B. The
    General Assembly acknowledges that the actual grade levels
    served by a particular Organizational Unit may vary
    slightly from what is typical.
        "Organizational Unit CWI" is determined by calculating
    the CWI in the region and original county in which an
    Organizational Unit's primary administrative office is
    located as set forth in this paragraph, provided that if
    the Organizational Unit CWI as calculated in accordance
    with this paragraph is less than 0.9, the Organizational
    Unit CWI shall be increased to 0.9. Each county's current
    CWI value shall be adjusted based on the CWI value of that
    county's neighboring Illinois counties, to create a
    "weighted adjusted index value". This shall be calculated
    by summing the CWI values of all of a county's adjacent
    Illinois counties and dividing by the number of adjacent
    Illinois counties, then taking the weighted value of the
    original county's CWI value and the adjacent Illinois
    county average. To calculate this weighted value, if the
    number of adjacent Illinois counties is greater than 2,
    the original county's CWI value will be weighted at 0.25
    and the adjacent Illinois county average will be weighted
    at 0.75. If the number of adjacent Illinois counties is 2,
    the original county's CWI value will be weighted at 0.33
    and the adjacent Illinois county average will be weighted
    at 0.66. The greater of the county's current CWI value and
    its weighted adjusted index value shall be used as the
    Organizational Unit CWI.
        "Preceding Tax Year" means the property tax levy year
    immediately preceding the Base Tax Year.
        "Preceding Tax Year's Extension" means the product of
    the equalized assessed valuation utilized by the county
    clerk in the Preceding Tax Year multiplied by the
    Operating Tax Rate.
        "Preliminary Percent of Adequacy" is defined in
    paragraph (2) of subsection (f) of this Section.
        "Preliminary Resources" is defined in paragraph (2) of
    subsection (f) of this Section.
        "Principal" means a school administrator duly endorsed
    to be employed as a principal in this State.
        "Professional development" means training programs for
    licensed staff in schools, including, but not limited to,
    programs that assist in implementing new curriculum
    programs, provide data focused or academic assessment data
    training to help staff identify a student's weaknesses and
    strengths, target interventions, improve instruction,
    encompass instructional strategies for English learner,
    gifted, or at-risk students, address inclusivity, cultural
    sensitivity, or implicit bias, or otherwise provide
    professional support for licensed staff.
        "Prototypical" means 450 special education
    pre-kindergarten and kindergarten through grade 5 students
    for an elementary school, 450 grade 6 through 8 students
    for a middle school, and 600 grade 9 through 12 students
    for a high school.
        "PTELL" means the Property Tax Extension Limitation
    Law.
        "PTELL EAV" is defined in paragraph (4) of subsection
    (d) of this Section.
        "Pupil support staff" means a nurse, psychologist,
    social worker, family liaison personnel, or other staff
    member who provides support to at-risk or struggling
    students.
        "Real Receipts" is defined in paragraph (1) of
    subsection (d) of this Section.
        "Regionalization Factor" means, for a particular
    Organizational Unit, the figure derived by dividing the
    Organizational Unit CWI by the Statewide Weighted CWI.
        "School counselor" means a licensed school counselor
    who provides guidance and counseling support for students
    within an Organizational Unit.
        "School site staff" means the primary school secretary
    and any additional clerical personnel assigned to a
    school.
        "Special education" means special educational
    facilities and services, as defined in Section 14-1.08 of
    this Code.
        "Special Education Allocation" means the amount of an
    Organizational Unit's final Adequacy Target attributable
    to special education divided by the Organizational Unit's
    final Adequacy Target, the product of which shall be
    multiplied by the amount of new funding received pursuant
    to this Section. An Organizational Unit's final Adequacy
    Target attributable to special education shall include all
    special education investment adequacy elements.
        "Specialist teacher" means a teacher who provides
    instruction in subject areas not included in core
    subjects, including, but not limited to, art, music,
    physical education, health, driver education,
    career-technical education, and such other subject areas
    as may be mandated by State law or provided by an
    Organizational Unit.
        "Specially Funded Unit" means an Alternative School,
    safe school, Department of Juvenile Justice school,
    special education cooperative or entity recognized by the
    State Board as a special education cooperative,
    State-approved charter school, or alternative learning
    opportunities program that received direct funding from
    the State Board during the 2016-2017 school year through
    any of the funding sources included within the calculation
    of the Base Funding Minimum or Glenwood Academy.
        "Supplemental Grant Funding" means supplemental
    general State aid funding received by an Organizational
    Unit during the 2016-2017 school year pursuant to
    subsection (H) of Section 18-8.05 of this Code (now
    repealed).
        "State Adequacy Level" is the sum of the Adequacy
    Targets of all Organizational Units.
        "State Board" means the State Board of Education.
        "State Superintendent" means the State Superintendent
    of Education.
        "Statewide Weighted CWI" means a figure determined by
    multiplying each Organizational Unit CWI times the ASE for
    that Organizational Unit creating a weighted value,
    summing all Organizational Units' weighted values, and
    dividing by the total ASE of all Organizational Units,
    thereby creating an average weighted index.
        "Student activities" means non-credit producing
    after-school programs, including, but not limited to,
    clubs, bands, sports, and other activities authorized by
    the school board of the Organizational Unit.
        "Substitute teacher" means an individual teacher or
    teaching assistant who is employed by an Organizational
    Unit and is temporarily serving the Organizational Unit on
    a per diem or per period-assignment basis to replace
    another staff member.
        "Summer school" means academic and enrichment programs
    provided to students during the summer months outside of
    the regular school year.
        "Supervisory aide" means a non-licensed staff member
    who helps in supervising students of an Organizational
    Unit, but does so outside of the classroom, in situations
    such as, but not limited to, monitoring hallways and
    playgrounds, supervising lunchrooms, or supervising
    students when being transported in buses serving the
    Organizational Unit.
        "Target Ratio" is defined in paragraph (4) of
    subsection (g).
        "Tier 1", "Tier 2", "Tier 3", and "Tier 4" are defined
    in paragraph (3) of subsection (g).
        "Tier 1 Aggregate Funding", "Tier 2 Aggregate
    Funding", "Tier 3 Aggregate Funding", and "Tier 4
    Aggregate Funding" are defined in paragraph (1) of
    subsection (g).
    (b) Adequacy Target calculation.
        (1) Each Organizational Unit's Adequacy Target is the
    sum of the Organizational Unit's cost of providing
    Essential Elements, as calculated in accordance with this
    subsection (b), with the salary amounts in the Essential
    Elements multiplied by a Regionalization Factor calculated
    pursuant to paragraph (3) of this subsection (b).
        (2) The Essential Elements are attributable on a pro
    rata basis related to defined subgroups of the ASE of each
    Organizational Unit as specified in this paragraph (2),
    with investments and FTE positions pro rata funded based
    on ASE counts in excess of or less than the thresholds set
    forth in this paragraph (2). The method for calculating
    attributable pro rata costs and the defined subgroups
    thereto are as follows:
            (A) Core class size investments. Each
        Organizational Unit shall receive the funding required
        to support that number of FTE core teacher positions
        as is needed to keep the respective class sizes of the
        Organizational Unit to the following maximum numbers:
                (i) For grades kindergarten through 3, the
            Organizational Unit shall receive funding required
            to support one FTE core teacher position for every
            15 Low-Income Count students in those grades and
            one FTE core teacher position for every 20
            non-Low-Income Count students in those grades.
                (ii) For grades 4 through 12, the
            Organizational Unit shall receive funding required
            to support one FTE core teacher position for every
            20 Low-Income Count students in those grades and
            one FTE core teacher position for every 25
            non-Low-Income Count students in those grades.
            The number of non-Low-Income Count students in a
        grade shall be determined by subtracting the
        Low-Income students in that grade from the ASE of the
        Organizational Unit for that grade.
            (B) Specialist teacher investments. Each
        Organizational Unit shall receive the funding needed
        to cover that number of FTE specialist teacher
        positions that correspond to the following
        percentages:
                (i) if the Organizational Unit operates an
            elementary or middle school, then 20.00% of the
            number of the Organizational Unit's core teachers,
            as determined under subparagraph (A) of this
            paragraph (2); and
                (ii) if such Organizational Unit operates a
            high school, then 33.33% of the number of the
            Organizational Unit's core teachers.
            (C) Instructional facilitator investments. Each
        Organizational Unit shall receive the funding needed
        to cover one FTE instructional facilitator position
        for every 200 combined ASE of pre-kindergarten
        children with disabilities and all kindergarten
        through grade 12 students of the Organizational Unit.
            (D) Core intervention teacher (tutor) investments.
        Each Organizational Unit shall receive the funding
        needed to cover one FTE teacher position for each
        prototypical elementary, middle, and high school.
            (E) Substitute teacher investments. Each
        Organizational Unit shall receive the funding needed
        to cover substitute teacher costs that is equal to
        5.70% of the minimum pupil attendance days required
        under Section 10-19 of this Code for all full-time
        equivalent core, specialist, and intervention
        teachers, school nurses, special education teachers
        and instructional assistants, instructional
        facilitators, and summer school and extended day
        teacher positions, as determined under this paragraph
        (2), at a salary rate of 33.33% of the average salary
        for grade K through 12 teachers and 33.33% of the
        average salary of each instructional assistant
        position.
            (F) Core school counselor investments. Each
        Organizational Unit shall receive the funding needed
        to cover one FTE school counselor for each 450
        combined ASE of pre-kindergarten children with
        disabilities and all kindergarten through grade 5
        students, plus one FTE school counselor for each 250
        grades 6 through 8 ASE middle school students, plus
        one FTE school counselor for each 250 grades 9 through
        12 ASE high school students.
            (G) Nurse investments. Each Organizational Unit
        shall receive the funding needed to cover one FTE
        nurse for each 750 combined ASE of pre-kindergarten
        children with disabilities and all kindergarten
        through grade 12 students across all grade levels it
        serves.
            (H) Supervisory aide investments. Each
        Organizational Unit shall receive the funding needed
        to cover one FTE for each 225 combined ASE of
        pre-kindergarten children with disabilities and all
        kindergarten through grade 5 students, plus one FTE
        for each 225 ASE middle school students, plus one FTE
        for each 200 ASE high school students.
            (I) Librarian investments. Each Organizational
        Unit shall receive the funding needed to cover one FTE
        librarian for each prototypical elementary school,
        middle school, and high school and one FTE aide or
        media technician for every 300 combined ASE of
        pre-kindergarten children with disabilities and all
        kindergarten through grade 12 students.
            (J) Principal investments. Each Organizational
        Unit shall receive the funding needed to cover one FTE
        principal position for each prototypical elementary
        school, plus one FTE principal position for each
        prototypical middle school, plus one FTE principal
        position for each prototypical high school.
            (K) Assistant principal investments. Each
        Organizational Unit shall receive the funding needed
        to cover one FTE assistant principal position for each
        prototypical elementary school, plus one FTE assistant
        principal position for each prototypical middle
        school, plus one FTE assistant principal position for
        each prototypical high school.
            (L) School site staff investments. Each
        Organizational Unit shall receive the funding needed
        for one FTE position for each 225 ASE of
        pre-kindergarten children with disabilities and all
        kindergarten through grade 5 students, plus one FTE
        position for each 225 ASE middle school students, plus
        one FTE position for each 200 ASE high school
        students.
            (M) Gifted investments. Each Organizational Unit
        shall receive $40 per kindergarten through grade 12
        ASE.
            (N) Professional development investments. Each
        Organizational Unit shall receive $125 per student of
        the combined ASE of pre-kindergarten children with
        disabilities and all kindergarten through grade 12
        students for trainers and other professional
        development-related expenses for supplies and
        materials.
            (O) Instructional material investments. Each
        Organizational Unit shall receive $190 per student of
        the combined ASE of pre-kindergarten children with
        disabilities and all kindergarten through grade 12
        students to cover instructional material costs.
            (P) Assessment investments. Each Organizational
        Unit shall receive $25 per student of the combined ASE
        of pre-kindergarten children with disabilities and all
        kindergarten through grade 12 students to cover
        assessment costs.
            (Q) Computer technology and equipment investments.
        Each Organizational Unit shall receive $285.50 per
        student of the combined ASE of pre-kindergarten
        children with disabilities and all kindergarten
        through grade 12 students to cover computer technology
        and equipment costs. For the 2018-2019 school year and
        subsequent school years, Organizational Units assigned
        to Tier 1 and Tier 2 in the prior school year shall
        receive an additional $285.50 per student of the
        combined ASE of pre-kindergarten children with
        disabilities and all kindergarten through grade 12
        students to cover computer technology and equipment
        costs in the Organizational Unit's Adequacy Target.
        The State Board may establish additional requirements
        for Organizational Unit expenditures of funds received
        pursuant to this subparagraph (Q), including a
        requirement that funds received pursuant to this
        subparagraph (Q) may be used only for serving the
        technology needs of the district. It is the intent of
        Public Act 100-465 that all Tier 1 and Tier 2 districts
        receive the addition to their Adequacy Target in the
        following year, subject to compliance with the
        requirements of the State Board.
            (R) Student activities investments. Each
        Organizational Unit shall receive the following
        funding amounts to cover student activities: $100 per
        kindergarten through grade 5 ASE student in elementary
        school, plus $200 per ASE student in middle school,
        plus $675 per ASE student in high school.
            (S) Maintenance and operations investments. Each
        Organizational Unit shall receive $1,038 per student
        of the combined ASE of pre-kindergarten children with
        disabilities and all kindergarten through grade 12
        students for day-to-day maintenance and operations
        expenditures, including salary, supplies, and
        materials, as well as purchased services, but
        excluding employee benefits. The proportion of salary
        for the application of a Regionalization Factor and
        the calculation of benefits is equal to $352.92.
            (T) Central office investments. Each
        Organizational Unit shall receive $742 per student of
        the combined ASE of pre-kindergarten children with
        disabilities and all kindergarten through grade 12
        students to cover central office operations, including
        administrators and classified personnel charged with
        managing the instructional programs, business and
        operations of the school district, and security
        personnel. The proportion of salary for the
        application of a Regionalization Factor and the
        calculation of benefits is equal to $368.48.
            (U) Employee benefit investments. Each
        Organizational Unit shall receive 30% of the total of
        all salary-calculated elements of the Adequacy Target,
        excluding substitute teachers and student activities
        investments, to cover benefit costs. For central
        office and maintenance and operations investments, the
        benefit calculation shall be based upon the salary
        proportion of each investment. If at any time the
        responsibility for funding the employer normal cost of
        teacher pensions is assigned to school districts, then
        that amount certified by the Teachers' Retirement
        System of the State of Illinois to be paid by the
        Organizational Unit for the preceding school year
        shall be added to the benefit investment. For any
        fiscal year in which a school district organized under
        Article 34 of this Code is responsible for paying the
        employer normal cost of teacher pensions, then that
        amount of its employer normal cost plus the amount for
        retiree health insurance as certified by the Public
        School Teachers' Pension and Retirement Fund of
        Chicago to be paid by the school district for the
        preceding school year that is statutorily required to
        cover employer normal costs and the amount for retiree
        health insurance shall be added to the 30% specified
        in this subparagraph (U). The Teachers' Retirement
        System of the State of Illinois and the Public School
        Teachers' Pension and Retirement Fund of Chicago shall
        submit such information as the State Superintendent
        may require for the calculations set forth in this
        subparagraph (U).
            (V) Additional investments in low-income students.
        In addition to and not in lieu of all other funding
        under this paragraph (2), each Organizational Unit
        shall receive funding based on the average teacher
        salary for grades K through 12 to cover the costs of:
                (i) one FTE intervention teacher (tutor)
            position for every 125 Low-Income Count students;
                (ii) one FTE pupil support staff position for
            every 125 Low-Income Count students;
                (iii) one FTE extended day teacher position
            for every 120 Low-Income Count students; and
                (iv) one FTE summer school teacher position
            for every 120 Low-Income Count students.
            (W) Additional investments in English learner
        students. In addition to and not in lieu of all other
        funding under this paragraph (2), each Organizational
        Unit shall receive funding based on the average
        teacher salary for grades K through 12 to cover the
        costs of:
                (i) one FTE intervention teacher (tutor)
            position for every 125 English learner students;
                (ii) one FTE pupil support staff position for
            every 125 English learner students;
                (iii) one FTE extended day teacher position
            for every 120 English learner students;
                (iv) one FTE summer school teacher position
            for every 120 English learner students; and
                (v) one FTE core teacher position for every
            100 English learner students.
            (X) Special education investments. Each
        Organizational Unit shall receive funding based on the
        average teacher salary for grades K through 12 to
        cover special education as follows:
                (i) one FTE teacher position for every 141
            combined ASE of pre-kindergarten children with
            disabilities and all kindergarten through grade 12
            students;
                (ii) one FTE instructional assistant for every
            141 combined ASE of pre-kindergarten children with
            disabilities and all kindergarten through grade 12
            students; and
                (iii) one FTE psychologist position for every
            1,000 combined ASE of pre-kindergarten children
            with disabilities and all kindergarten through
            grade 12 students.
        (3) For calculating the salaries included within the
    Essential Elements, the State Superintendent shall
    annually calculate average salaries to the nearest dollar
    using the employment information system data maintained by
    the State Board, limited to public schools only and
    excluding special education and vocational cooperatives,
    schools operated by the Department of Juvenile Justice,
    and charter schools, for the following positions:
            (A) Teacher for grades K through 8.
            (B) Teacher for grades 9 through 12.
            (C) Teacher for grades K through 12.
            (D) School counselor for grades K through 8.
            (E) School counselor for grades 9 through 12.
            (F) School counselor for grades K through 12.
            (G) Social worker.
            (H) Psychologist.
            (I) Librarian.
            (J) Nurse.
            (K) Principal.
            (L) Assistant principal.
        For the purposes of this paragraph (3), "teacher"
    includes core teachers, specialist and elective teachers,
    instructional facilitators, tutors, special education
    teachers, pupil support staff teachers, English learner
    teachers, extended day teachers, and summer school
    teachers. Where specific grade data is not required for
    the Essential Elements, the average salary for
    corresponding positions shall apply. For substitute
    teachers, the average teacher salary for grades K through
    12 shall apply.
        For calculating the salaries included within the
    Essential Elements for positions not included within EIS
    Data, the following salaries shall be used in the first
    year of implementation of Evidence-Based Funding:
            (i) school site staff, $30,000; and
            (ii) non-instructional assistant, instructional
        assistant, library aide, library media tech, or
        supervisory aide: $25,000.
        In the second and subsequent years of implementation
    of Evidence-Based Funding, the amounts in items (i) and
    (ii) of this paragraph (3) shall annually increase by the
    ECI.
        The salary amounts for the Essential Elements
    determined pursuant to subparagraphs (A) through (L), (S)
    and (T), and (V) through (X) of paragraph (2) of
    subsection (b) of this Section shall be multiplied by a
    Regionalization Factor.
    (c) Local Capacity calculation.
        (1) Each Organizational Unit's Local Capacity
    represents an amount of funding it is assumed to
    contribute toward its Adequacy Target for purposes of the
    Evidence-Based Funding formula calculation. "Local
    Capacity" means either (i) the Organizational Unit's Local
    Capacity Target as calculated in accordance with paragraph
    (2) of this subsection (c) if its Real Receipts are equal
    to or less than its Local Capacity Target or (ii) the
    Organizational Unit's Adjusted Local Capacity, as
    calculated in accordance with paragraph (3) of this
    subsection (c) if Real Receipts are more than its Local
    Capacity Target.
        (2) "Local Capacity Target" means, for an
    Organizational Unit, that dollar amount that is obtained
    by multiplying its Adequacy Target by its Local Capacity
    Ratio.
            (A) An Organizational Unit's Local Capacity
        Percentage is the conversion of the Organizational
        Unit's Local Capacity Ratio, as such ratio is
        determined in accordance with subparagraph (B) of this
        paragraph (2), into a cumulative distribution
        resulting in a percentile ranking to determine each
        Organizational Unit's relative position to all other
        Organizational Units in this State. The calculation of
        Local Capacity Percentage is described in subparagraph
        (C) of this paragraph (2).
            (B) An Organizational Unit's Local Capacity Ratio
        in a given year is the percentage obtained by dividing
        its Adjusted EAV or PTELL EAV, whichever is less, by
        its Adequacy Target, with the resulting ratio further
        adjusted as follows:
                (i) for Organizational Units serving grades
            kindergarten through 12 and Hybrid Districts, no
            further adjustments shall be made;
                (ii) for Organizational Units serving grades
            kindergarten through 8, the ratio shall be
            multiplied by 9/13;
                (iii) for Organizational Units serving grades
            9 through 12, the Local Capacity Ratio shall be
            multiplied by 4/13; and
                (iv) for an Organizational Unit with a
            different grade configuration than those specified
            in items (i) through (iii) of this subparagraph
            (B), the State Superintendent shall determine a
            comparable adjustment based on the grades served.
            (C) The Local Capacity Percentage is equal to the
        percentile ranking of the district. Local Capacity
        Percentage converts each Organizational Unit's Local
        Capacity Ratio to a cumulative distribution resulting
        in a percentile ranking to determine each
        Organizational Unit's relative position to all other
        Organizational Units in this State. The Local Capacity
        Percentage cumulative distribution resulting in a
        percentile ranking for each Organizational Unit shall
        be calculated using the standard normal distribution
        of the score in relation to the weighted mean and
        weighted standard deviation and Local Capacity Ratios
        of all Organizational Units. If the value assigned to
        any Organizational Unit is in excess of 90%, the value
        shall be adjusted to 90%. For Laboratory Schools, the
        Local Capacity Percentage shall be set at 10% in
        recognition of the absence of EAV and resources from
        the public university that are allocated to the
        Laboratory School. For programs operated by a regional
        office of education or an intermediate service center,
        the Local Capacity Percentage must be set at 10% in
        recognition of the absence of EAV and resources from
        school districts that are allocated to the regional
        office of education or intermediate service center.
        The weighted mean for the Local Capacity Percentage
        shall be determined by multiplying each Organizational
        Unit's Local Capacity Ratio times the ASE for the unit
        creating a weighted value, summing the weighted values
        of all Organizational Units, and dividing by the total
        ASE of all Organizational Units. The weighted standard
        deviation shall be determined by taking the square
        root of the weighted variance of all Organizational
        Units' Local Capacity Ratio, where the variance is
        calculated by squaring the difference between each
        unit's Local Capacity Ratio and the weighted mean,
        then multiplying the variance for each unit times the
        ASE for the unit to create a weighted variance for each
        unit, then summing all units' weighted variance and
        dividing by the total ASE of all units.
            (D) For any Organizational Unit, the
        Organizational Unit's Adjusted Local Capacity Target
        shall be reduced by either (i) the school board's
        remaining contribution pursuant to paragraph (ii) of
        subsection (b-4) of Section 16-158 of the Illinois
        Pension Code in a given year or (ii) the board of
        education's remaining contribution pursuant to
        paragraph (iv) of subsection (b) of Section 17-129 of
        the Illinois Pension Code absent the employer normal
        cost portion of the required contribution and amount
        allowed pursuant to subdivision (3) of Section
        17-142.1 of the Illinois Pension Code in a given year.
        In the preceding sentence, item (i) shall be certified
        to the State Board of Education by the Teachers'
        Retirement System of the State of Illinois and item
        (ii) shall be certified to the State Board of
        Education by the Public School Teachers' Pension and
        Retirement Fund of the City of Chicago.
        (3) If an Organizational Unit's Real Receipts are more
    than its Local Capacity Target, then its Local Capacity
    shall equal an Adjusted Local Capacity Target as
    calculated in accordance with this paragraph (3). The
    Adjusted Local Capacity Target is calculated as the sum of
    the Organizational Unit's Local Capacity Target and its
    Real Receipts Adjustment. The Real Receipts Adjustment
    equals the Organizational Unit's Real Receipts less its
    Local Capacity Target, with the resulting figure
    multiplied by the Local Capacity Percentage.
        As used in this paragraph (3), "Real Percent of
    Adequacy" means the sum of an Organizational Unit's Real
    Receipts, CPPRT, and Base Funding Minimum, with the
    resulting figure divided by the Organizational Unit's
    Adequacy Target.
    (d) Calculation of Real Receipts, EAV, and Adjusted EAV
for purposes of the Local Capacity calculation.
        (1) An Organizational Unit's Real Receipts are the
    product of its Applicable Tax Rate and its Adjusted EAV.
    An Organizational Unit's Applicable Tax Rate is its
    Adjusted Operating Tax Rate for property within the
    Organizational Unit.
        (2) The State Superintendent shall calculate the
    equalized assessed valuation, or EAV, of all taxable
    property of each Organizational Unit as of September 30 of
    the previous year in accordance with paragraph (3) of this
    subsection (d). The State Superintendent shall then
    determine the Adjusted EAV of each Organizational Unit in
    accordance with paragraph (4) of this subsection (d),
    which Adjusted EAV figure shall be used for the purposes
    of calculating Local Capacity.
        (3) To calculate Real Receipts and EAV, the Department
    of Revenue shall supply to the State Superintendent the
    value as equalized or assessed by the Department of
    Revenue of all taxable property of every Organizational
    Unit, together with (i) the applicable tax rate used in
    extending taxes for the funds of the Organizational Unit
    as of September 30 of the previous year and (ii) the
    limiting rate for all Organizational Units subject to
    property tax extension limitations as imposed under PTELL.
            (A) The Department of Revenue shall add to the
        equalized assessed value of all taxable property of
        each Organizational Unit situated entirely or
        partially within a county that is or was subject to the
        provisions of Section 15-176 or 15-177 of the Property
        Tax Code (i) an amount equal to the total amount by
        which the homestead exemption allowed under Section
        15-176 or 15-177 of the Property Tax Code for real
        property situated in that Organizational Unit exceeds
        the total amount that would have been allowed in that
        Organizational Unit if the maximum reduction under
        Section 15-176 was (I) $4,500 in Cook County or $3,500
        in all other counties in tax year 2003 or (II) $5,000
        in all counties in tax year 2004 and thereafter and
        (ii) an amount equal to the aggregate amount for the
        taxable year of all additional exemptions under
        Section 15-175 of the Property Tax Code for owners
        with a household income of $30,000 or less. The county
        clerk of any county that is or was subject to the
        provisions of Section 15-176 or 15-177 of the Property
        Tax Code shall annually calculate and certify to the
        Department of Revenue for each Organizational Unit all
        homestead exemption amounts under Section 15-176 or
        15-177 of the Property Tax Code and all amounts of
        additional exemptions under Section 15-175 of the
        Property Tax Code for owners with a household income
        of $30,000 or less. It is the intent of this
        subparagraph (A) that if the general homestead
        exemption for a parcel of property is determined under
        Section 15-176 or 15-177 of the Property Tax Code
        rather than Section 15-175, then the calculation of
        EAV shall not be affected by the difference, if any,
        between the amount of the general homestead exemption
        allowed for that parcel of property under Section
        15-176 or 15-177 of the Property Tax Code and the
        amount that would have been allowed had the general
        homestead exemption for that parcel of property been
        determined under Section 15-175 of the Property Tax
        Code. It is further the intent of this subparagraph
        (A) that if additional exemptions are allowed under
        Section 15-175 of the Property Tax Code for owners
        with a household income of less than $30,000, then the
        calculation of EAV shall not be affected by the
        difference, if any, because of those additional
        exemptions.
            (B) With respect to any part of an Organizational
        Unit within a redevelopment project area in respect to
        which a municipality has adopted tax increment
        allocation financing pursuant to the Tax Increment
        Allocation Redevelopment Act, Division 74.4 of Article
        11 of the Illinois Municipal Code, or the Industrial
        Jobs Recovery Law, Division 74.6 of Article 11 of the
        Illinois Municipal Code, no part of the current EAV of
        real property located in any such project area that is
        attributable to an increase above the total initial
        EAV of such property shall be used as part of the EAV
        of the Organizational Unit, until such time as all
        redevelopment project costs have been paid, as
        provided in Section 11-74.4-8 of the Tax Increment
        Allocation Redevelopment Act or in Section 11-74.6-35
        of the Industrial Jobs Recovery Law. For the purpose
        of the EAV of the Organizational Unit, the total
        initial EAV or the current EAV, whichever is lower,
        shall be used until such time as all redevelopment
        project costs have been paid.
            (B-5) The real property equalized assessed
        valuation for a school district shall be adjusted by
        subtracting from the real property value, as equalized
        or assessed by the Department of Revenue, for the
        district an amount computed by dividing the amount of
        any abatement of taxes under Section 18-170 of the
        Property Tax Code by 3.00% for a district maintaining
        grades kindergarten through 12, by 2.30% for a
        district maintaining grades kindergarten through 8, or
        by 1.05% for a district maintaining grades 9 through
        12 and adjusted by an amount computed by dividing the
        amount of any abatement of taxes under subsection (a)
        of Section 18-165 of the Property Tax Code by the same
        percentage rates for district type as specified in
        this subparagraph (B-5).
            (C) For Organizational Units that are Hybrid
        Districts, the State Superintendent shall use the
        lesser of the adjusted equalized assessed valuation
        for property within the partial elementary unit
        district for elementary purposes, as defined in
        Article 11E of this Code, or the adjusted equalized
        assessed valuation for property within the partial
        elementary unit district for high school purposes, as
        defined in Article 11E of this Code.
        (4) An Organizational Unit's Adjusted EAV shall be the
    average of its EAV over the immediately preceding 3 years
    or its EAV in the immediately preceding year if the EAV in
    the immediately preceding year has declined by 10% or more
    compared to the 3-year average. In the event of
    Organizational Unit reorganization, consolidation, or
    annexation, the Organizational Unit's Adjusted EAV for the
    first 3 years after such change shall be as follows: the
    most current EAV shall be used in the first year, the
    average of a 2-year EAV or its EAV in the immediately
    preceding year if the EAV declines by 10% or more compared
    to the 2-year average for the second year, and a 3-year
    average EAV or its EAV in the immediately preceding year
    if the Adjusted EAV declines by 10% or more compared to the
    3-year average for the third year. For any school district
    whose EAV in the immediately preceding year is used in
    calculations, in the following year, the Adjusted EAV
    shall be the average of its EAV over the immediately
    preceding 2 years or the immediately preceding year if
    that year represents a decline of 10% or more compared to
    the 2-year average.
        "PTELL EAV" means a figure calculated by the State
    Board for Organizational Units subject to PTELL as
    described in this paragraph (4) for the purposes of
    calculating an Organizational Unit's Local Capacity Ratio.
    Except as otherwise provided in this paragraph (4), the
    PTELL EAV of an Organizational Unit shall be equal to the
    product of the equalized assessed valuation last used in
    the calculation of general State aid under Section 18-8.05
    of this Code (now repealed) or Evidence-Based Funding
    under this Section and the Organizational Unit's Extension
    Limitation Ratio. If an Organizational Unit has approved
    or does approve an increase in its limiting rate, pursuant
    to Section 18-190 of the Property Tax Code, affecting the
    Base Tax Year, the PTELL EAV shall be equal to the product
    of the equalized assessed valuation last used in the
    calculation of general State aid under Section 18-8.05 of
    this Code (now repealed) or Evidence-Based Funding under
    this Section multiplied by an amount equal to one plus the
    percentage increase, if any, in the Consumer Price Index
    for All Urban Consumers for all items published by the
    United States Department of Labor for the 12-month
    calendar year preceding the Base Tax Year, plus the
    equalized assessed valuation of new property, annexed
    property, and recovered tax increment value and minus the
    equalized assessed valuation of disconnected property.
        As used in this paragraph (4), "new property" and
    "recovered tax increment value" shall have the meanings
    set forth in the Property Tax Extension Limitation Law.
    (e) Base Funding Minimum calculation.
        (1) For the 2017-2018 school year, the Base Funding
    Minimum of an Organizational Unit or a Specially Funded
    Unit shall be the amount of State funds distributed to the
    Organizational Unit or Specially Funded Unit during the
    2016-2017 school year prior to any adjustments and
    specified appropriation amounts described in this
    paragraph (1) from the following Sections, as calculated
    by the State Superintendent: Section 18-8.05 of this Code
    (now repealed); Section 5 of Article 224 of Public Act
    99-524 (equity grants); Section 14-7.02b of this Code
    (funding for children requiring special education
    services); Section 14-13.01 of this Code (special
    education facilities and staffing), except for
    reimbursement of the cost of transportation pursuant to
    Section 14-13.01; Section 14C-12 of this Code (English
    learners); and Section 18-4.3 of this Code (summer
    school), based on an appropriation level of $13,121,600.
    For a school district organized under Article 34 of this
    Code, the Base Funding Minimum also includes (i) the funds
    allocated to the school district pursuant to Section 1D-1
    of this Code attributable to funding programs authorized
    by the Sections of this Code listed in the preceding
    sentence and (ii) the difference between (I) the funds
    allocated to the school district pursuant to Section 1D-1
    of this Code attributable to the funding programs
    authorized by Section 14-7.02 (non-public special
    education reimbursement), subsection (b) of Section
    14-13.01 (special education transportation), Section 29-5
    (transportation), Section 2-3.80 (agricultural
    education), Section 2-3.66 (truants' alternative
    education), Section 2-3.62 (educational service centers),
    and Section 14-7.03 (special education - orphanage) of
    this Code and Section 15 of the Childhood Hunger Relief
    Act (free breakfast program) and (II) the school
    district's actual expenditures for its non-public special
    education, special education transportation,
    transportation programs, agricultural education, truants'
    alternative education, services that would otherwise be
    performed by a regional office of education, special
    education orphanage expenditures, and free breakfast, as
    most recently calculated and reported pursuant to
    subsection (f) of Section 1D-1 of this Code. The Base
    Funding Minimum for Glenwood Academy shall be $625,500.
    For programs operated by a regional office of education or
    an intermediate service center, the Base Funding Minimum
    must be the total amount of State funds allocated to those
    programs in the 2018-2019 school year and amounts provided
    pursuant to Article 34 of Public Act 100-586 and Section
    3-16 of this Code. All programs established after June 5,
    2019 (the effective date of Public Act 101-10) and
    administered by a regional office of education or an
    intermediate service center must have an initial Base
    Funding Minimum set to an amount equal to the first-year
    ASE multiplied by the amount of per pupil funding received
    in the previous school year by the lowest funded similar
    existing program type. If the enrollment for a program
    operated by a regional office of education or an
    intermediate service center is zero, then it may not
    receive Base Funding Minimum funds for that program in the
    next fiscal year, and those funds must be distributed to
    Organizational Units under subsection (g).
        (2) For the 2018-2019 and subsequent school years, the
    Base Funding Minimum of Organizational Units and Specially
    Funded Units shall be the sum of (i) the amount of
    Evidence-Based Funding for the prior school year, (ii) the
    Base Funding Minimum for the prior school year, and (iii)
    any amount received by a school district pursuant to
    Section 7 of Article 97 of Public Act 100-21.
        For the 2022-2023 school year, the Base Funding
    Minimum of Organizational Units shall be the amounts
    recalculated by the State Board of Education for Fiscal
    Year 2019 through Fiscal Year 2022 that were necessary due
    to average student enrollment errors for districts
    organized under Article 34 of this Code, plus the Fiscal
    Year 2022 property tax relief grants provided under
    Section 2-3.170 of this Code, ensuring each Organizational
    Unit has the correct amount of resources for Fiscal Year
    2023 Evidence-Based Funding calculations and that Fiscal
    Year 2023 Evidence-Based Funding Distributions are made in
    accordance with this Section.
        (3) Subject to approval by the General Assembly as
    provided in this paragraph (3), an Organizational Unit
    that meets all of the following criteria, as determined by
    the State Board, shall have District Intervention Money
    added to its Base Funding Minimum at the time the Base
    Funding Minimum is calculated by the State Board:
            (A) The Organizational Unit is operating under an
        Independent Authority under Section 2-3.25f-5 of this
        Code for a minimum of 4 school years or is subject to
        the control of the State Board pursuant to a court
        order for a minimum of 4 school years.
            (B) The Organizational Unit was designated as a
        Tier 1 or Tier 2 Organizational Unit in the previous
        school year under paragraph (3) of subsection (g) of
        this Section.
            (C) The Organizational Unit demonstrates
        sustainability through a 5-year financial and
        strategic plan.
            (D) The Organizational Unit has made sufficient
        progress and achieved sufficient stability in the
        areas of governance, academic growth, and finances.
        As part of its determination under this paragraph (3),
    the State Board may consider the Organizational Unit's
    summative designation, any accreditations of the
    Organizational Unit, or the Organizational Unit's
    financial profile, as calculated by the State Board.
        If the State Board determines that an Organizational
    Unit has met the criteria set forth in this paragraph (3),
    it must submit a report to the General Assembly, no later
    than January 2 of the fiscal year in which the State Board
    makes it determination, on the amount of District
    Intervention Money to add to the Organizational Unit's
    Base Funding Minimum. The General Assembly must review the
    State Board's report and may approve or disapprove, by
    joint resolution, the addition of District Intervention
    Money. If the General Assembly fails to act on the report
    within 40 calendar days from the receipt of the report,
    the addition of District Intervention Money is deemed
    approved. If the General Assembly approves the amount of
    District Intervention Money to be added to the
    Organizational Unit's Base Funding Minimum, the District
    Intervention Money must be added to the Base Funding
    Minimum annually thereafter.
        For the first 4 years following the initial year that
    the State Board determines that an Organizational Unit has
    met the criteria set forth in this paragraph (3) and has
    received funding under this Section, the Organizational
    Unit must annually submit to the State Board, on or before
    November 30, a progress report regarding its financial and
    strategic plan under subparagraph (C) of this paragraph
    (3). The plan shall include the financial data from the
    past 4 annual financial reports or financial audits that
    must be presented to the State Board by November 15 of each
    year and the approved budget financial data for the
    current year. The plan shall be developed according to the
    guidelines presented to the Organizational Unit by the
    State Board. The plan shall further include financial
    projections for the next 3 fiscal years and include a
    discussion and financial summary of the Organizational
    Unit's facility needs. If the Organizational Unit does not
    demonstrate sufficient progress toward its 5-year plan or
    if it has failed to file an annual financial report, an
    annual budget, a financial plan, a deficit reduction plan,
    or other financial information as required by law, the
    State Board may establish a Financial Oversight Panel
    under Article 1H of this Code. However, if the
    Organizational Unit already has a Financial Oversight
    Panel, the State Board may extend the duration of the
    Panel.
    (f) Percent of Adequacy and Final Resources calculation.
        (1) The Evidence-Based Funding formula establishes a
    Percent of Adequacy for each Organizational Unit in order
    to place such units into tiers for the purposes of the
    funding distribution system described in subsection (g) of
    this Section. Initially, an Organizational Unit's
    Preliminary Resources and Preliminary Percent of Adequacy
    are calculated pursuant to paragraph (2) of this
    subsection (f). Then, an Organizational Unit's Final
    Resources and Final Percent of Adequacy are calculated to
    account for the Organizational Unit's poverty
    concentration levels pursuant to paragraphs (3) and (4) of
    this subsection (f).
        (2) An Organizational Unit's Preliminary Resources are
    equal to the sum of its Local Capacity Target, CPPRT, and
    Base Funding Minimum. An Organizational Unit's Preliminary
    Percent of Adequacy is the lesser of (i) its Preliminary
    Resources divided by its Adequacy Target or (ii) 100%.
        (3) Except for Specially Funded Units, an
    Organizational Unit's Final Resources are equal to the sum
    of its Local Capacity, CPPRT, and Adjusted Base Funding
    Minimum. The Base Funding Minimum of each Specially Funded
    Unit shall serve as its Final Resources, except that the
    Base Funding Minimum for State-approved charter schools
    shall not include any portion of general State aid
    allocated in the prior year based on the per capita
    tuition charge times the charter school enrollment.
        (4) An Organizational Unit's Final Percent of Adequacy
    is its Final Resources divided by its Adequacy Target. An
    Organizational Unit's Adjusted Base Funding Minimum is
    equal to its Base Funding Minimum less its Supplemental
    Grant Funding, with the resulting figure added to the
    product of its Supplemental Grant Funding and Preliminary
    Percent of Adequacy.
    (g) Evidence-Based Funding formula distribution system.
        (1) In each school year under the Evidence-Based
    Funding formula, each Organizational Unit receives funding
    equal to the sum of its Base Funding Minimum and the unit's
    allocation of New State Funds determined pursuant to this
    subsection (g). To allocate New State Funds, the
    Evidence-Based Funding formula distribution system first
    places all Organizational Units into one of 4 tiers in
    accordance with paragraph (3) of this subsection (g),
    based on the Organizational Unit's Final Percent of
    Adequacy. New State Funds are allocated to each of the 4
    tiers as follows: Tier 1 Aggregate Funding equals 50% of
    all New State Funds, Tier 2 Aggregate Funding equals 49%
    of all New State Funds, Tier 3 Aggregate Funding equals
    0.9% of all New State Funds, and Tier 4 Aggregate Funding
    equals 0.1% of all New State Funds. Each Organizational
    Unit within Tier 1 or Tier 2 receives an allocation of New
    State Funds equal to its tier Funding Gap, as defined in
    the following sentence, multiplied by the tier's
    Allocation Rate determined pursuant to paragraph (4) of
    this subsection (g). For Tier 1, an Organizational Unit's
    Funding Gap equals the tier's Target Ratio, as specified
    in paragraph (5) of this subsection (g), multiplied by the
    Organizational Unit's Adequacy Target, with the resulting
    amount reduced by the Organizational Unit's Final
    Resources. For Tier 2, an Organizational Unit's Funding
    Gap equals the tier's Target Ratio, as described in
    paragraph (5) of this subsection (g), multiplied by the
    Organizational Unit's Adequacy Target, with the resulting
    amount reduced by the Organizational Unit's Final
    Resources and its Tier 1 funding allocation. To determine
    the Organizational Unit's Funding Gap, the resulting
    amount is then multiplied by a factor equal to one minus
    the Organizational Unit's Local Capacity Target
    percentage. Each Organizational Unit within Tier 3 or Tier
    4 receives an allocation of New State Funds equal to the
    product of its Adequacy Target and the tier's Allocation
    Rate, as specified in paragraph (4) of this subsection
    (g).
        (2) To ensure equitable distribution of dollars for
    all Tier 2 Organizational Units, no Tier 2 Organizational
    Unit shall receive fewer dollars per ASE than any Tier 3
    Organizational Unit. Each Tier 2 and Tier 3 Organizational
    Unit shall have its funding allocation divided by its ASE.
    Any Tier 2 Organizational Unit with a funding allocation
    per ASE below the greatest Tier 3 allocation per ASE shall
    get a funding allocation equal to the greatest Tier 3
    funding allocation per ASE multiplied by the
    Organizational Unit's ASE. Each Tier 2 Organizational
    Unit's Tier 2 funding allocation shall be multiplied by
    the percentage calculated by dividing the original Tier 2
    Aggregate Funding by the sum of all Tier 2 Organizational
    Units' Tier 2 funding allocation after adjusting
    districts' funding below Tier 3 levels.
        (3) Organizational Units are placed into one of 4
    tiers as follows:
            (A) Tier 1 consists of all Organizational Units,
        except for Specially Funded Units, with a Percent of
        Adequacy less than the Tier 1 Target Ratio. The Tier 1
        Target Ratio is the ratio level that allows for Tier 1
        Aggregate Funding to be distributed, with the Tier 1
        Allocation Rate determined pursuant to paragraph (4)
        of this subsection (g).
            (B) Tier 2 consists of all Tier 1 Units and all
        other Organizational Units, except for Specially
        Funded Units, with a Percent of Adequacy of less than
        0.90.
            (C) Tier 3 consists of all Organizational Units,
        except for Specially Funded Units, with a Percent of
        Adequacy of at least 0.90 and less than 1.0.
            (D) Tier 4 consists of all Organizational Units
        with a Percent of Adequacy of at least 1.0.
        (4) The Allocation Rates for Tiers 1 through 4 are
    determined as follows:
            (A) The Tier 1 Allocation Rate is 30%.
            (B) The Tier 2 Allocation Rate is the result of the
        following equation: Tier 2 Aggregate Funding, divided
        by the sum of the Funding Gaps for all Tier 2
        Organizational Units, unless the result of such
        equation is higher than 1.0. If the result of such
        equation is higher than 1.0, then the Tier 2
        Allocation Rate is 1.0.
            (C) The Tier 3 Allocation Rate is the result of the
        following equation: Tier 3 Aggregate Funding, divided
        by the sum of the Adequacy Targets of all Tier 3
        Organizational Units.
            (D) The Tier 4 Allocation Rate is the result of the
        following equation: Tier 4 Aggregate Funding, divided
        by the sum of the Adequacy Targets of all Tier 4
        Organizational Units.
        (5) A tier's Target Ratio is determined as follows:
            (A) The Tier 1 Target Ratio is the ratio level that
        allows for Tier 1 Aggregate Funding to be distributed
        with the Tier 1 Allocation Rate.
            (B) The Tier 2 Target Ratio is 0.90.
            (C) The Tier 3 Target Ratio is 1.0.
        (6) If, at any point, the Tier 1 Target Ratio is
    greater than 90%, then all Tier 1 funding shall be
    allocated to Tier 2 and no Tier 1 Organizational Unit's
    funding may be identified.
        (7) In the event that all Tier 2 Organizational Units
    receive funding at the Tier 2 Target Ratio level, any
    remaining New State Funds shall be allocated to Tier 3 and
    Tier 4 Organizational Units.
        (8) If any Specially Funded Units, excluding Glenwood
    Academy, recognized by the State Board do not qualify for
    direct funding following the implementation of Public Act
    100-465 from any of the funding sources included within
    the definition of Base Funding Minimum, the unqualified
    portion of the Base Funding Minimum shall be transferred
    to one or more appropriate Organizational Units as
    determined by the State Superintendent based on the prior
    year ASE of the Organizational Units.
        (8.5) If a school district withdraws from a special
    education cooperative, the portion of the Base Funding
    Minimum that is attributable to the school district may be
    redistributed to the school district upon withdrawal. The
    school district and the cooperative must include the
    amount of the Base Funding Minimum that is to be
    reapportioned in their withdrawal agreement and notify the
    State Board of the change with a copy of the agreement upon
    withdrawal.
        (9) The Minimum Funding Level is intended to establish
    a target for State funding that will keep pace with
    inflation and continue to advance equity through the
    Evidence-Based Funding formula. The target for State
    funding of New Property Tax Relief Pool Funds is
    $50,000,000 for State fiscal year 2019 and subsequent
    State fiscal years. The Minimum Funding Level is equal to
    $350,000,000. In addition to any New State Funds, no more
    than $50,000,000 New Property Tax Relief Pool Funds may be
    counted toward the Minimum Funding Level. If the sum of
    New State Funds and applicable New Property Tax Relief
    Pool Funds are less than the Minimum Funding Level, than
    funding for tiers shall be reduced in the following
    manner:
            (A) First, Tier 4 funding shall be reduced by an
        amount equal to the difference between the Minimum
        Funding Level and New State Funds until such time as
        Tier 4 funding is exhausted.
            (B) Next, Tier 3 funding shall be reduced by an
        amount equal to the difference between the Minimum
        Funding Level and New State Funds and the reduction in
        Tier 4 funding until such time as Tier 3 funding is
        exhausted.
            (C) Next, Tier 2 funding shall be reduced by an
        amount equal to the difference between the Minimum
        Funding Level and New State Funds and the reduction in
        Tier 4 and Tier 3.
            (D) Finally, Tier 1 funding shall be reduced by an
        amount equal to the difference between the Minimum
        Funding level and New State Funds and the reduction in
        Tier 2, 3, and 4 funding. In addition, the Allocation
        Rate for Tier 1 shall be reduced to a percentage equal
        to the Tier 1 Allocation Rate set by paragraph (4) of
        this subsection (g), multiplied by the result of New
        State Funds divided by the Minimum Funding Level.
        (9.5) For State fiscal year 2019 and subsequent State
    fiscal years, if New State Funds exceed $300,000,000, then
    any amount in excess of $300,000,000 shall be dedicated
    for purposes of Section 2-3.170 of this Code up to a
    maximum of $50,000,000.
        (10) In the event of a decrease in the amount of the
    appropriation for this Section in any fiscal year after
    implementation of this Section, the Organizational Units
    receiving Tier 1 and Tier 2 funding, as determined under
    paragraph (3) of this subsection (g), shall be held
    harmless by establishing a Base Funding Guarantee equal to
    the per pupil kindergarten through grade 12 funding
    received in accordance with this Section in the prior
    fiscal year. Reductions shall be made to the Base Funding
    Minimum of Organizational Units in Tier 3 and Tier 4 on a
    per pupil basis equivalent to the total number of the ASE
    in Tier 3-funded and Tier 4-funded Organizational Units
    divided by the total reduction in State funding. The Base
    Funding Minimum as reduced shall continue to be applied to
    Tier 3 and Tier 4 Organizational Units and adjusted by the
    relative formula when increases in appropriations for this
    Section resume. In no event may State funding reductions
    to Organizational Units in Tier 3 or Tier 4 exceed an
    amount that would be less than the Base Funding Minimum
    established in the first year of implementation of this
    Section. If additional reductions are required, all school
    districts shall receive a reduction by a per pupil amount
    equal to the aggregate additional appropriation reduction
    divided by the total ASE of all Organizational Units.
        (11) The State Superintendent shall make minor
    adjustments to the distribution formula set forth in this
    subsection (g) to account for the rounding of percentages
    to the nearest tenth of a percentage and dollar amounts to
    the nearest whole dollar.
    (h) State Superintendent administration of funding and
district submission requirements.
        (1) The State Superintendent shall, in accordance with
    appropriations made by the General Assembly, meet the
    funding obligations created under this Section.
        (2) The State Superintendent shall calculate the
    Adequacy Target for each Organizational Unit and Net State
    Contribution Target for each Organizational Unit under
    this Section. No Evidence-Based Funding shall be
    distributed within an Organizational Unit without the
    approval of the unit's school board.
        (3) Annually, the State Superintendent shall calculate
    and report to each Organizational Unit the unit's
    aggregate financial adequacy amount, which shall be the
    sum of the Adequacy Target for each Organizational Unit.
    The State Superintendent shall calculate and report
    separately for each Organizational Unit the unit's total
    State funds allocated for its students with disabilities.
    The State Superintendent shall calculate and report
    separately for each Organizational Unit the amount of
    funding and applicable FTE calculated for each Essential
    Element of the unit's Adequacy Target.
        (4) Annually, the State Superintendent shall calculate
    and report to each Organizational Unit the amount the unit
    must expend on special education and bilingual education
    and computer technology and equipment for Organizational
    Units assigned to Tier 1 or Tier 2 that received an
    additional $285.50 per student computer technology and
    equipment investment grant to their Adequacy Target
    pursuant to the unit's Base Funding Minimum, Special
    Education Allocation, Bilingual Education Allocation, and
    computer technology and equipment investment allocation.
        (5) Moneys distributed under this Section shall be
    calculated on a school year basis, but paid on a fiscal
    year basis, with payments beginning in August and
    extending through June. Unless otherwise provided, the
    moneys appropriated for each fiscal year shall be
    distributed in 22 equal payments at least 2 times monthly
    to each Organizational Unit. If moneys appropriated for
    any fiscal year are distributed other than monthly, the
    distribution shall be on the same basis for each
    Organizational Unit.
        (6) Any school district that fails, for any given
    school year, to maintain school as required by law or to
    maintain a recognized school is not eligible to receive
    Evidence-Based Funding. In case of non-recognition of one
    or more attendance centers in a school district otherwise
    operating recognized schools, the claim of the district
    shall be reduced in the proportion that the enrollment in
    the attendance center or centers bears to the enrollment
    of the school district. "Recognized school" means any
    public school that meets the standards for recognition by
    the State Board. A school district or attendance center
    not having recognition status at the end of a school term
    is entitled to receive State aid payments due upon a legal
    claim that was filed while it was recognized.
        (7) School district claims filed under this Section
    are subject to Sections 18-9 and 18-12 of this Code,
    except as otherwise provided in this Section.
        (8) Each fiscal year, the State Superintendent shall
    calculate for each Organizational Unit an amount of its
    Base Funding Minimum and Evidence-Based Funding that shall
    be deemed attributable to the provision of special
    educational facilities and services, as defined in Section
    14-1.08 of this Code, in a manner that ensures compliance
    with maintenance of State financial support requirements
    under the federal Individuals with Disabilities Education
    Act. An Organizational Unit must use such funds only for
    the provision of special educational facilities and
    services, as defined in Section 14-1.08 of this Code, and
    must comply with any expenditure verification procedures
    adopted by the State Board.
        (9) All Organizational Units in this State must submit
    annual spending plans by the end of September of each year
    to the State Board as part of the annual budget process,
    which shall describe how each Organizational Unit will
    utilize the Base Funding Minimum and Evidence-Based
    Funding it receives from this State under this Section
    with specific identification of the intended utilization
    of Low-Income, English learner, and special education
    resources. Additionally, the annual spending plans of each
    Organizational Unit shall describe how the Organizational
    Unit expects to achieve student growth and how the
    Organizational Unit will achieve State education goals, as
    defined by the State Board. The State Superintendent may,
    from time to time, identify additional requisites for
    Organizational Units to satisfy when compiling the annual
    spending plans required under this subsection (h). The
    format and scope of annual spending plans shall be
    developed by the State Superintendent and the State Board
    of Education. School districts that serve students under
    Article 14C of this Code shall continue to submit
    information as required under Section 14C-12 of this Code.
        (10) No later than January 1, 2018, the State
    Superintendent shall develop a 5-year strategic plan for
    all Organizational Units to help in planning for adequacy
    funding under this Section. The State Superintendent shall
    submit the plan to the Governor and the General Assembly,
    as provided in Section 3.1 of the General Assembly
    Organization Act. The plan shall include recommendations
    for:
            (A) a framework for collaborative, professional,
        innovative, and 21st century learning environments
        using the Evidence-Based Funding model;
            (B) ways to prepare and support this State's
        educators for successful instructional careers;
            (C) application and enhancement of the current
        financial accountability measures, the approved State
        plan to comply with the federal Every Student Succeeds
        Act, and the Illinois Balanced Accountability Measures
        in relation to student growth and elements of the
        Evidence-Based Funding model; and
            (D) implementation of an effective school adequacy
        funding system based on projected and recommended
        funding levels from the General Assembly.
        (11) On an annual basis, the State Superintendent must
    recalibrate all of the following per pupil elements of the
    Adequacy Target and applied to the formulas, based on the
    study of average expenses and as reported in the most
    recent annual financial report:
            (A) Gifted under subparagraph (M) of paragraph (2)
        of subsection (b).
            (B) Instructional materials under subparagraph (O)
        of paragraph (2) of subsection (b).
            (C) Assessment under subparagraph (P) of paragraph