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Section 2-10. Definitions. As used in this Act: |
"Case management" means assessment, planning, |
coordination, and advocacy services for individuals who need |
multiple services and require assistance in gaining access to |
and in using behavioral health, physical health, social, |
vocational, educational, housing, public income entitlements |
and other community services to assist the individual in the |
community. "Case management" may also include identifying and |
investigating available resources, explaining options to the |
individual, and linking the individual with necessary |
resources. |
"Community-based pretrial supports and services" means |
voluntary services provided in the community to an individual |
charged with a criminal offense who has been granted pretrial |
release. Community-based pretrial supports and services shall |
be trauma-informed, culturally competent, and designed and |
delivered according to best practice standards to maximize |
pretrial success. |
"Court stakeholders" means Judges, State's Attorneys, |
defense attorneys including Public Defenders, Sheriffs, police |
departments, and any other individuals, agencies, or offices |
or their employees involved in pretrial criminal court |
proceedings. |
"Department" means the Department of Human Services. |
"Detoxification" means the process of withdrawing a person |
from a specific psychoactive substance in a safe and effective |
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manner. |
"Eligible participant" means an Illinois resident charged |
with a criminal offense who has been granted pretrial release. |
"Medication assisted treatment" means the prescription of |
medications that are approved by the U.S. Food and Drug |
Administration and the Center for Substance Abuse Treatment to |
assist with treatment for a substance use disorder and to |
support recovery for individuals receiving services in a |
facility licensed by the Department. Medication assisted |
treatment includes opioid treatment services as authorized by |
a Department license. |
"Pretrial success" means ensuring court appearances and |
reducing subsequent involvement with the criminal-legal |
system. |
"Service area" means a judicial circuit or group of |
judicial circuits. |
Section 2-15. Findings. The General Assembly finds that: |
(1) The Pretrial Fairness Act defines when an arrested |
person can be denied pretrial release and prohibits the |
imposition of financial conditions for release by |
abolishing money bond. This prevents the pretrial |
detention of many arrested individuals with mental health |
or substance use disorders or others who could benefit |
from community-based supports and services. |
(2) Because people awaiting trial are legally presumed |
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innocent, the Illinois Supreme Court Commission on |
Pretrial Practices recommends, consistent with national |
best practices, that "conditions and supervision shall not |
mandate rehabilitative services (substance abuse, mental |
health, partner abuse intervention programs, etc.) unless |
the court finds them to be a risk factor directly related |
to further criminal behavior and failure to appear at |
court hearings. The inability to pay for such |
court-ordered services shall not interfere with release." |
(3) Research shows that mental health and substance |
use disorder services, including treatment, are generally |
most effective when participation is voluntary and access |
is assured. |
(4) Communities throughout Illinois have significant |
gaps in the availability of mental health and substance |
use disorder services and other community-based pretrial |
supports and services. |
(5) If services are available, navigating complicated |
systems can be a barrier to access and success. Services |
are most effective if they are coordinated with but not |
duplicative of other programs such as those funded under |
the Reimagine Public Safety Act. |
(6) Community-based pretrial supports and services are |
most effective when delivered by organizations trusted |
within the community and developed with the input of |
community members, including those directly impacted by |
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the criminal-legal system. |
Section 2-20. Grant making authority. |
(a) The Department of Human Services shall have |
grant-making, operational, and procurement authority to |
distribute funds to local government health and human services |
agencies, community-based organizations, and other entities |
necessary to execute the functions established in this Act. |
(b) Subject to appropriation, the Department shall issue |
grants to local governmental agencies and community-based |
organizations to maximize pretrial success each year. Grants |
shall be awarded no later than January 1, 2025. Grants in |
subsequent years shall be issued on or before September 1 of |
the relevant fiscal year and shall allow for pre-award |
expenditures beginning July 1 of the relevant fiscal year. |
(c) Beginning in fiscal year 2028 and subject to |
appropriation, grants shall be awarded for a project period of |
3 years, contingent on Department requirements for reporting |
and successful performance. |
(d) The Department shall ensure that grants awarded under |
this Act do not duplicate or supplant grants awarded under the |
Reimagine Public Safety Act. |
Section 2-25. Community-based pretrial supports and |
services. |
(a) Subject to appropriation, the Department shall make |
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grants to organizations for community-based pretrial supports |
and services. |
(b) The Department shall issue grants to at least one |
organization in each of the service areas and no more than 3 |
organizations in each of the service areas with the exception |
of service areas with a population exceeding 2,000,000. The |
Department shall issue grants to at least one organization and |
no more than 10 organizations in service areas with a |
population exceeding 2,000,000. In fiscal year 2025, each |
grant shall be for no less than $100,000 and no more than |
$300,000. In subsequent years, each grant shall be for no less |
than $100,000 and no more than $500,000 per organization. An |
organization may receive grants in more than one service area. |
(c) Organizations receiving grants under this Act shall |
coordinate services with other organizations and court |
stakeholders in their service area. Organizations receiving |
grants under this Act shall coordinate services with the |
Office of Statewide Pretrial Services to the extent that it |
operates in their service area. |
(d) Organizations receiving grants under this Act shall |
establish eligibility criteria for services. Organizations |
receiving grants under this Act shall be required to accept |
referrals of eligible participants from court stakeholders. |
Organizations receiving grants under this Act may accept |
referrals of eligible participants from other sources |
including self-referrals. |
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(e) An eligible participant shall not be ordered to |
receive services funded by a grant under this Act unless the |
person has undergone a validated clinical assessment and the |
clinical treatment plan includes such services. "Validated |
clinical assessment" and "clinical treatment plan" have the |
meanings ascribed to them in Section 10 of the Drug Court |
Treatment Act. |
(f) Organizations receiving grants under this Act shall |
provide the following services directly or through subgrants |
to other organizations: |
(1) case management for mental health and substance |
use disorders; |
(2) detoxification or referral to detoxification when |
clinically indicated and available in the community; |
(3) medication assisted treatment or referral to |
medication assisted treatment when clinically indicated |
and available in the community; |
(4) child care to remove barriers to court |
appearances; and |
(5) transportation to court appearances if not |
available through the Office of Statewide Pretrial |
Services or other court stakeholders. |
(g) Organizations receiving grants under this Act may |
provide the following services directly or through subgrants |
to other organizations: |
(1) Behavioral health services, including harm |
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reduction services, clinical interventions, crisis |
interventions, and group counseling supports, such as peer |
support groups, social-emotional learning supports, |
including skill building for anger management, |
de-escalation, sensory stabilization, coping strategies, |
and thoughtful decision-making, short-term clinical |
individual sessions, and motivational interviewing. |
(2) Other services necessary to promote pretrial |
success, as determined by the organization and approved by |
the Department. |
(h) Organizations receiving grants under this Act shall |
ensure that services are accessible to individuals with |
disabilities and to individuals with limited English |
proficiency. Organizations receiving grants under this Act |
shall not deny services to individuals on the basis of |
immigration status or gender identity. |
(i) No statement or other disclosure, written or |
otherwise, made by an eligible participant to an employee of |
an organization receiving a grant under this Act may be used by |
the prosecution to prove any crime or offense alleged in the |
pending case. |
(j) The Department shall encourage organizations receiving |
grants under this Act to employ individuals with personal |
experience with being charged with a felony offense. No later |
than when grants are first issued under this Act, the |
Department shall create and execute a Background Check Waiver |
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Process, limiting the disqualifying offenses, for employees |
who provide services under this Act. |
(k) Organizations receiving funds under this Act may |
utilize up to 5% of awarded grant funds to raise awareness of |
community-based pretrial supports and services. |
Section 2-30. Service areas. |
(a) Each judicial circuit with a population of at least |
500,000 constitutes a service area. Each judicial circuit with |
a population of less than 500,000 shall be combined with at |
least one other geographically contiguous judicial circuit to |
constitute a service area with a population of at least |
500,000. |
(b) Resources for each service area shall be distributed |
based on maximizing the total potential pretrial success. |
Subject to appropriation, the minimum total annual grant |
amount awarded in each service area shall be $300,000. In |
determining the distribution of resources to service areas, |
the Department shall consider the following factors: |
(1) service area population and poverty level; |
(2) the geographic size of a service area; |
(3) the average number of people charged with felony |
offenses each year; |
(4) the number of people incarcerated in the past |
because of their inability to afford payment of money |
bond; and |
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(5) level of Office of Statewide Pretrial Services |
programming in the counties in the service area. |
(c) In fiscal year 2025, the Department shall award grants |
in one service area in each Department region. In subsequent |
years, the Department shall award grants in all service areas, |
subject to appropriation. |
Section 2-35. Local advisory councils. |
(a) Subject to appropriation, and no later than July 1, |
2025, the Department shall create local advisory councils for |
each of the service areas for the purpose of obtaining |
recommendations on how to distribute funds in these areas to |
maximize pretrial success. Local advisory councils shall |
consist of no fewer than 5 members. At least 40% of members |
shall have personal experience with being charged with a |
felony offense in Illinois. At least 20% of members shall have |
personal experience with a family member being charged with a |
felony offense in Illinois. Members of the local advisory |
councils shall serve without compensation except those |
designated as individuals with personal experience may receive |
stipends as compensation for their time. |
(b) The Department shall provide data to each local |
advisory council on the characteristics of the service area |
and the availability of community-based pretrial supports and |
services. The Department shall also provide best available |
evidence on how to maximize pretrial success. |
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(c) Each local advisory council shall make recommendations |
on how to allocate distributed resources and desired goals for |
its service area based on information provided to them by the |
Department. |
(d) Beginning in fiscal year 2026, the Department shall |
consider the recommendations and determine how to distribute |
funds through grants to community-based organizations and |
local governments. To the extent the Department does not |
follow a local advisory council's recommendation on allocation |
of funds, the Department shall explain in writing why a |
different allocation of resources is more likely to maximize |
pretrial success in the service area. |
Section 2-40. Medicaid services. |
(a) Funds awarded under this Act may be used for |
behavioral health services until July 1, 2027. |
(b) Any organization being reimbursed from funds awarded |
under this Act for behavioral health services must also file a |
plan to become Medicaid certified for behavioral health |
services under the Illinois Medicaid program on or before July |
1, 2027. |
Section 2-45. Evaluation. |
(a) The Department shall issue a report to the General |
Assembly no later than January 1 of each year beginning at |
least 12 months after grants are first issued under this Act. |
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The report shall cover the previous fiscal year and identify |
gaps in community-based pretrial supports and services in each |
service area, explain the investments that are being made to |
maximize pretrial success, and make further recommendations on |
how to build community-based capacity for community-based |
pretrial supports and services including mental health and |
substance use disorder treatment. |
(b) Beginning with the first report issued at least 24 |
months after grants are first issued under this Act, the |
annual report shall include an evaluation of the effectiveness |
of grants under this Act in maximizing pretrial success. The |
Department shall use community-based participatory research |
methods and ensure that the evaluation incorporates input from |
individuals and organizations affected by the Act, including, |
but not limited to, individuals with personal experience with |
being charged with a felony offense in Illinois, individuals |
with personal experience with a family member being charged |
with a felony offense in Illinois, local government health and |
human services agencies, community-based organizations, and |
court stakeholders. The evaluation should be conducted with |
input from outside expert evaluators when possible. |
(c) The Department shall consider findings from annual |
reports and evaluations in developing subsequent years' |
grantmaking processes, monitoring progress toward local |
advisory councils' goals, and ensuring equity in the |
grantmaking process. |
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Section 2-50. Rulemaking authority. The Department shall |
adopt rules as are necessary to implement all elements of this |
Act. |
Article 3. |
Section 3-2. The Illinois Administrative Procedure Act is |
amended by adding Section 5-45.57 as follows: |
(5 ILCS 100/5-45.57 new) |
Sec. 5-45.57. Emergency rulemaking; rate increase for |
direct support personnel and all frontline personnel. To |
provide for the expeditious and timely implementation of the |
changes made to Section 74 of the Mental Health and |
Developmental Disabilities Administrative Act by this |
amendatory Act of the 103rd General Assembly, emergency rules |
implementing the changes made to Section 74 of the Mental |
Health and Developmental Disabilities Administrative Act by |
this amendatory Act of the 103rd General Assembly may be |
adopted in accordance with Section 5-45 by the Department of |
Human Services. The adoption of emergency rules authorized by |
Section 5-45 and this Section is deemed to be necessary for the |
public interest, safety, and welfare. |
This Section is repealed one year after the effective date |
of this Section. |
|
Section 3-3. The State Employees Group Insurance Act of |
1971 is amended by changing Section 6.5 as follows: |
(5 ILCS 375/6.5) |
Sec. 6.5. Health benefits for TRS benefit recipients and |
TRS dependent beneficiaries. |
(a) Purpose. It is the purpose of this amendatory Act of |
1995 to transfer the administration of the program of health |
benefits established for benefit recipients and their |
dependent beneficiaries under Article 16 of the Illinois |
Pension Code to the Department of Central Management Services. |
(b) Transition provisions. The Board of Trustees of the |
Teachers' Retirement System shall continue to administer the |
health benefit program established under Article 16 of the |
Illinois Pension Code through December 31, 1995. Beginning |
January 1, 1996, the Department of Central Management Services |
shall be responsible for administering a program of health |
benefits for TRS benefit recipients and TRS dependent |
beneficiaries under this Section. The Department of Central |
Management Services and the Teachers' Retirement System shall |
cooperate in this endeavor and shall coordinate their |
activities so as to ensure a smooth transition and |
uninterrupted health benefit coverage. |
(c) Eligibility. All persons who were enrolled in the |
Article 16 program at the time of the transfer shall be |
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eligible to participate in the program established under this |
Section without any interruption or delay in coverage or |
limitation as to pre-existing medical conditions. Eligibility |
to participate shall be determined by the Teachers' Retirement |
System. Eligibility information shall be communicated to the |
Department of Central Management Services in a format |
acceptable to the Department. |
Eligible TRS benefit recipients may enroll or re-enroll in |
the program of health benefits established under this Section |
during any applicable annual open enrollment period and as |
otherwise permitted by the Department of Central Management |
Services. A TRS benefit recipient shall not be deemed |
ineligible to participate solely by reason of the TRS benefit |
recipient having made a previous election to disenroll or |
otherwise not participate in the program of health benefits. |
A TRS dependent beneficiary who is a child age 19 or over |
and mentally or physically disabled does not become ineligible |
to participate by reason of (i) becoming ineligible to be |
claimed as a dependent for Illinois or federal income tax |
purposes or (ii) receiving earned income, so long as those |
earnings are insufficient for the child to be fully |
self-sufficient. |
(d) Coverage. The level of health benefits provided under |
this Section shall be similar to the level of benefits |
provided by the program previously established under Article |
16 of the Illinois Pension Code. For plan years that begin on |
|
or after January 1, 2025, the health benefit program |
established under this Section shall include health, dental, |
and vision benefits. |
Group life insurance benefits are not included in the |
benefits to be provided to TRS benefit recipients and TRS |
dependent beneficiaries under this Act. |
The program of health benefits under this Section may |
include any or all of the benefit limitations, including but |
not limited to a reduction in benefits based on eligibility |
for federal Medicare benefits, that are provided under |
subsection (a) of Section 6 of this Act for other health |
benefit programs under this Act. |
(e) Insurance rates and premiums. The Director shall |
determine the insurance rates and premiums for TRS benefit |
recipients and TRS dependent beneficiaries, and shall present |
to the Teachers' Retirement System of the State of Illinois, |
by April 15 of each calendar year, the rate-setting |
methodology (including but not limited to utilization levels |
and costs) used to determine the amount of the health care |
premiums. |
For Fiscal Year 1996, the premium shall be equal to |
the premium actually charged in Fiscal Year 1995; in |
subsequent years, the premium shall never be lower than |
the premium charged in Fiscal Year 1995. |
For Fiscal Year 2003, the premium shall not exceed |
110% of the premium actually charged in Fiscal Year 2002. |
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For Fiscal Year 2004, the premium shall not exceed |
112% of the premium actually charged in Fiscal Year 2003. |
For Fiscal Year 2005, the premium shall not exceed a |
weighted average of 106.6% of the premium actually charged |
in Fiscal Year 2004. |
For Fiscal Year 2006, the premium shall not exceed a |
weighted average of 109.1% of the premium actually charged |
in Fiscal Year 2005. |
For Fiscal Year 2007, the premium shall not exceed a |
weighted average of 103.9% of the premium actually charged |
in Fiscal Year 2006. |
For Fiscal Year 2008 and thereafter, the premium in |
each fiscal year shall not exceed 105% of the premium |
actually charged in the previous fiscal year. |
In addition to the premium amount charged for the program |
of health benefits, in the initial plan year in which the |
dental and vision benefits are provided, an additional premium |
of not more than $7.11 per month for each TRS benefit recipient |
and $28.43 per month for each TRS dependent beneficiary shall |
be charged. The additional premium shall be used for the |
purpose of financing the dental and vision benefits for TRS |
benefit recipients and TRS dependent beneficiaries on and |
after the effective date of this amendatory Act of the 103rd |
General Assembly. |
Rates and premiums may be based in part on age and |
eligibility for federal medicare coverage. However, the cost |
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of participation for a TRS dependent beneficiary who is an |
unmarried child age 19 or over and mentally or physically |
disabled shall not exceed the cost for a TRS dependent |
beneficiary who is an unmarried child under age 19 and |
participates in the same major medical or managed care |
program. |
The cost of health benefits under the program shall be |
paid as follows: |
(1) For a TRS benefit recipient selecting a managed |
care program, up to 75% of the total insurance rate shall |
be paid from the Teacher Health Insurance Security Fund. |
Effective with Fiscal Year 2007 and thereafter, for a TRS |
benefit recipient selecting a managed care program, 75% of |
the total insurance rate shall be paid from the Teacher |
Health Insurance Security Fund. |
(2) For a TRS benefit recipient selecting the major |
medical coverage program, up to 50% of the total insurance |
rate shall be paid from the Teacher Health Insurance |
Security Fund if a managed care program is accessible, as |
determined by the Teachers' Retirement System. Effective |
with Fiscal Year 2007 and thereafter, for a TRS benefit |
recipient selecting the major medical coverage program, |
50% of the total insurance rate shall be paid from the |
Teacher Health Insurance Security Fund if a managed care |
program is accessible, as determined by the Department of |
Central Management Services. |
|
(3) For a TRS benefit recipient selecting the major |
medical coverage program, up to 75% of the total insurance |
rate shall be paid from the Teacher Health Insurance |
Security Fund if a managed care program is not accessible, |
as determined by the Teachers' Retirement System. |
Effective with Fiscal Year 2007 and thereafter, for a TRS |
benefit recipient selecting the major medical coverage |
program, 75% of the total insurance rate shall be paid |
from the Teacher Health Insurance Security Fund if a |
managed care program is not accessible, as determined by |
the Department of Central Management Services. |
(3.1) For a TRS dependent beneficiary who is Medicare |
primary and enrolled in a managed care plan, or the major |
medical coverage program if a managed care plan is not |
available, 25% of the total insurance rate shall be paid |
from the Teacher Health Security Fund as determined by the |
Department of Central Management Services. For the purpose |
of this item (3.1), the term "TRS dependent beneficiary |
who is Medicare primary" means a TRS dependent beneficiary |
who is participating in Medicare Parts A and B. |
(4) Except as otherwise provided in item (3.1), the |
balance of the rate of insurance, including the entire |
premium of any coverage for TRS dependent beneficiaries |
that has been elected, shall be paid by deductions |
authorized by the TRS benefit recipient to be withheld |
from his or her monthly annuity or benefit payment from |
|
the Teachers' Retirement System; except that (i) if the |
balance of the cost of coverage exceeds the amount of the |
monthly annuity or benefit payment, the difference shall |
be paid directly to the Teachers' Retirement System by the |
TRS benefit recipient, and (ii) all or part of the balance |
of the cost of coverage may, at the school board's option, |
be paid to the Teachers' Retirement System by the school |
board of the school district from which the TRS benefit |
recipient retired, in accordance with Section 10-22.3b of |
the School Code. The Teachers' Retirement System shall |
promptly deposit all moneys withheld by or paid to it |
under this subdivision (e)(4) into the Teacher Health |
Insurance Security Fund. These moneys shall not be |
considered assets of the Retirement System. |
(5) If, for any month beginning on or after January 1, |
2013, a TRS benefit recipient or TRS dependent beneficiary |
was enrolled in Medicare Parts A and B and such Medicare |
coverage was primary to coverage under this Section but |
payment for coverage under this Section was made at a rate |
greater than the Medicare primary rate published by the |
Department of Central Management Services, the TRS benefit |
recipient or TRS dependent beneficiary shall be eligible |
for a refund equal to the difference between the amount |
paid by the TRS benefit recipient or TRS dependent |
beneficiary and the published Medicare primary rate. To |
receive a refund pursuant to this subsection, the TRS |
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benefit recipient or TRS dependent beneficiary must |
provide documentation to the Department of Central |
Management Services evidencing the TRS benefit recipient's |
or TRS dependent beneficiary's Medicare coverage and the |
amount paid by the TRS benefit recipient or TRS dependent |
beneficiary during the applicable time period. |
(f) Financing. Beginning July 1, 1995, all revenues |
arising from the administration of the health benefit programs |
established under Article 16 of the Illinois Pension Code or |
this Section shall be deposited into the Teacher Health |
Insurance Security Fund, which is hereby created as a |
nonappropriated trust fund to be held outside the State |
Treasury, with the State Treasurer as custodian. Any interest |
earned on moneys in the Teacher Health Insurance Security Fund |
shall be deposited into the Fund. |
Moneys in the Teacher Health Insurance Security Fund shall |
be used only to pay the costs of the health benefit program |
established under this Section, including associated |
administrative costs, and the costs associated with the health |
benefit program established under Article 16 of the Illinois |
Pension Code, as authorized in this Section. Beginning July 1, |
1995, the Department of Central Management Services may make |
expenditures from the Teacher Health Insurance Security Fund |
for those costs. |
After other funds authorized for the payment of the costs |
of the health benefit program established under Article 16 of |
|
the Illinois Pension Code are exhausted and until January 1, |
1996 (or such later date as may be agreed upon by the Director |
of Central Management Services and the Secretary of the |
Teachers' Retirement System), the Secretary of the Teachers' |
Retirement System may make expenditures from the Teacher |
Health Insurance Security Fund as necessary to pay up to 75% of |
the cost of providing health coverage to eligible benefit |
recipients (as defined in Sections 16-153.1 and 16-153.3 of |
the Illinois Pension Code) who are enrolled in the Article 16 |
health benefit program and to facilitate the transfer of |
administration of the health benefit program to the Department |
of Central Management Services. |
The Department of Central Management Services, or any |
successor agency designated to procure healthcare contracts |
pursuant to this Act, is authorized to establish funds, |
separate accounts provided by any bank or banks as defined by |
the Illinois Banking Act, or separate accounts provided by any |
savings and loan association or associations as defined by the |
Illinois Savings and Loan Act of 1985 to be held by the |
Director, outside the State treasury, for the purpose of |
receiving the transfer of moneys from the Teacher Health |
Insurance Security Fund. The Department may promulgate rules |
further defining the methodology for the transfers. Any |
interest earned by moneys in the funds or accounts shall inure |
to the Teacher Health Insurance Security Fund. The transferred |
moneys, and interest accrued thereon, shall be used |
|
exclusively for transfers to administrative service |
organizations or their financial institutions for payments of |
claims to claimants and providers under the self-insurance |
health plan. The transferred moneys, and interest accrued |
thereon, shall not be used for any other purpose including, |
but not limited to, reimbursement of administration fees due |
the administrative service organization pursuant to its |
contract or contracts with the Department. |
(g) Contract for benefits. The Director shall by contract, |
self-insurance, or otherwise make available the program of |
health benefits for TRS benefit recipients and their TRS |
dependent beneficiaries that is provided for in this Section. |
The contract or other arrangement for the provision of these |
health benefits shall be on terms deemed by the Director to be |
in the best interest of the State of Illinois and the TRS |
benefit recipients based on, but not limited to, such criteria |
as administrative cost, service capabilities of the carrier or |
other contractor, and the costs of the benefits. |
(g-5) Committee. A Teacher Retirement Insurance Program |
Committee shall be established, to consist of 10 persons |
appointed by the Governor. |
The Committee shall convene at least 4 times each year, |
and shall consider and make recommendations on issues |
affecting the program of health benefits provided under this |
Section. Recommendations of the Committee shall be based on a |
consensus of the members of the Committee. |
|
If the Teacher Health Insurance Security Fund experiences |
a deficit balance based upon the contribution and subsidy |
rates established in this Section and Section 6.6 for Fiscal |
Year 2008 or thereafter, the Committee shall make |
recommendations for adjustments to the funding sources |
established under these Sections. |
In addition, the Committee shall identify proposed |
solutions to the funding shortfalls that are affecting the |
Teacher Health Insurance Security Fund, and it shall report |
those solutions to the Governor and the General Assembly |
within 6 months after August 15, 2011 (the effective date of |
Public Act 97-386). |
(h) Continuation of program. It is the intention of the |
General Assembly that the program of health benefits provided |
under this Section be maintained on an ongoing, affordable |
basis. |
The program of health benefits provided under this Section |
may be amended by the State and is not intended to be a pension |
or retirement benefit subject to protection under Article |
XIII, Section 5 of the Illinois Constitution. |
(i) Repeal. (Blank). |
(Source: P.A. 101-483, eff. 1-1-20; 102-210, eff. 7-30-21.) |
Section 3-4. The Attorney General Act is amended by |
changing Section 4a as follows: |
|
(15 ILCS 205/4a) (from Ch. 14, par. 4a) |
Sec. 4a. Attorneys and investigators appointed by the |
attorney general, and on his payroll, when authorized by the |
attorney general or his designee, may expend such sums as the |
attorney general or his designee deems necessary for any one |
or more of the following: the purchase of items for evidence ; , |
the advancement of fees in cases before United States courts |
or other State courts ; , and in the payment of expert witness |
expenses and witness fees, including expert witness fees; or |
subpoena fees. |
Funds for making expenditures authorized in this Section |
shall be advanced from funds appropriated or made available by |
law for the support or use of the office of attorney general or |
vouchers therefor signed by the attorney general or his |
designee. Sums so advanced may be paid to the attorney or |
investigator authorized to receive the advancement, or may be |
made payable to the ultimate recipient. Any expenditures under |
this Section shall be audited by the auditor general as part of |
any mandated audit conducted in compliance with Section 3-2 of |
the Illinois State Auditing Act. |
(Source: P.A. 95-331, eff. 8-21-07.) |
Section 3-6. The Substance Use Disorder Act is amended by |
adding Section 5-30 as follows: |
(20 ILCS 301/5-30 new) |
|
Sec. 5-30. Substance Use Disorder Treatment Locator. |
Subject to appropriation, the Department of Human Services |
shall issue a request for proposal to establish a supplemental |
substance use disorder treatment locator that can compare and |
assess addiction treatment facilities to identify high-quality |
providers and provide a publicly available search function for |
patients, health care providers, and first responders to find |
substance use disorder providers. The supplemental treatment |
locator shall integrate with the Illinois Helpline and provide |
annual surveys on both providers and patient experiences that |
aid in identifying high-quality providers to better aid |
decision making for patients, health care providers, and first |
responders to find substance use disorder treatment. |
Section 3-7. The Children and Family Services Act is |
amended by changing Sections 4a and 17a-4 as follows: |
(20 ILCS 505/4a) (from Ch. 23, par. 5004a) |
Sec. 4a. (a) To administer child abuse prevention shelters |
and service programs for abused and neglected children, or |
provide for their administration by not-for-profit |
corporations, community-based organizations or units of local |
government. |
The Department is hereby designated the single State |
agency for planning and coordination of child abuse and |
neglect prevention programs and services. On or before the |
|
first Friday in October of each year, the Department shall |
submit to the Governor and the General Assembly a State |
comprehensive child abuse and neglect prevention plan. The |
plan shall: identify priorities, goals and objectives; |
identify the resources necessary to implement the plan, |
including estimates of resources needed to investigate or |
otherwise process reports of suspected child abuse or neglect |
and to provide necessary follow-up services for child |
protection, family preservation and family reunification in |
"indicated" cases as determined under the Abused and Neglected |
Child Reporting Act; make proposals for the most effective use |
of existing resources to implement the plan, including |
recommendations for the optimum use of private, local public, |
State and federal resources; and propose strategies for the |
development of additional resources to meet the goal of |
reducing the incidence of child abuse and neglect and reducing |
the number of reports of suspected child abuse and neglect |
made to the Department. |
(b) The administration of child abuse prevention, shelters |
and service programs under subsection (a) shall be funded in |
part by appropriations made from the Child Abuse Prevention |
Fund, which is hereby created in the State Treasury, and in |
part by appropriations from the General Revenue Fund. All |
interest earned on monies in the Child Abuse Prevention Fund |
shall remain in such fund. The Department and the State |
Treasurer may accept funds as provided by Sections 507 and 508 |
|
of the Illinois Income Tax Act and unsolicited private |
donations for deposit into the Child Abuse Prevention Fund. |
Annual requests for appropriations for the purpose of |
providing child abuse and neglect prevention programs and |
services under this Section shall be made in separate and |
distinct line-items. In setting priorities for the direction |
and scope of such programs, the Director shall be advised by |
the State-wide Citizen's Committee on Child Abuse and Neglect. |
(c) (Blank). Where the Department contracts with outside |
agencies to operate the shelters or programs, such outside |
agencies may receive funding from the Department, except that |
the shelters must certify a 20% financial match for operating |
expenses of their programs. In selecting the outside agencies |
to administer child shelters and service programs, and in |
allocating funds for such agencies, the Department shall give |
priority to new and existing shelters or programs offering the |
broadest range of services to the community served. |
(d) The Department shall have the power to make grants of |
monies to fund comprehensive community-based services to |
reduce the incidence of family dysfunction typified by child |
abuse and neglect; to diminish those factors found to increase |
family dysfunction; and to measure the effectiveness and costs |
of such services. |
(e) For implementing such intergovernmental cooperation |
and involvement, units of local government and public and |
private agencies may apply for and receive federal or State |
|
funds from the Department under this Act or seek and receive |
gifts from local philanthropic or other private local sources |
in order to augment any State funds appropriated for the |
purposes of this Act. |
(e-5) The Department may establish and maintain locally |
held funds to be individually known as the Youth in Care |
Support Fund. Moneys in these funds shall be used for |
purchases for the immediate needs of youth in care or for the |
immediate support needs of youth, families, and caregivers |
served by the Department. Moneys paid into funds shall be from |
appropriations made to the DCFS Children's Services Fund. |
Funds remaining in any Youth in Care Support Fund must be |
returned to the DCFS Children's Services Fund upon |
dissolution. Any warrant for payment to a vendor for the same |
product or service for a youth in care shall be payable to the |
Department to reimburse the immediate payment from the Youth |
in Care Support Fund. |
(f) For the purposes of this Section: |
(1) The terms "abused child" and "neglected child" |
have meanings ascribed to them in Section 3 of the Abused |
and Neglected Child Reporting Act. |
(2) "Shelter" has the meaning ascribed to it in |
Section 1-3 of the Juvenile Court Act of 1987. |
(Source: P.A. 103-259, eff. 1-1-24 .) |
(20 ILCS 505/17a-4) (from Ch. 23, par. 5017a-4) |
|
Sec. 17a-4. Grants for community-based youth services; |
Department of Human Services. |
(a) The Department of Human Services shall make grants for |
the purpose of planning, establishing, operating, coordinating |
and evaluating programs aimed at reducing or eliminating the |
involvement of youth in the child welfare or juvenile justice |
systems. The programs shall include those providing for more |
comprehensive and integrated community-based youth services |
including Unified Delinquency Intervention Services programs |
and for community services programs. The Department may |
authorize advance disbursement of funds for such youth |
services programs. When the appropriation for "comprehensive |
community-based service to youth" is equal to or exceeds |
$5,000,000, the Department shall allocate the total amount of |
such appropriated funds in the following manner: |
(1) no more than 20% of the grant funds appropriated |
shall be awarded by the Department for new program |
development and innovation; |
(2) not less than 80% of grant funds appropriated |
shall be allocated to community-based youth services |
programs based upon population of youth under 18 years of |
age and other demographic variables defined by the |
Department of Human Services by rule, which may include |
weighting for service priorities relating to special needs |
identified in the annual plans of the regional youth |
planning committees established under this Act; and |
|
(3) if any amount so allocated under paragraph (2) of |
this subsection (a) remains unobligated such funds shall |
be reallocated in a manner equitable and consistent with |
the purpose of paragraph (2) of this subsection (a) . ; and |
(4) the local boards or local service systems shall |
certify prior to receipt of grant funds from the |
Department of Human Services that a 10% local public or |
private financial or in-kind commitment is allocated to |
supplement the State grant. |
(b) Notwithstanding any provision in this Act or rules |
promulgated under this Act to the contrary, unless expressly |
prohibited by federal law or regulation, all individuals, |
corporations, or other entities that provide medical or mental |
health services, whether organized as for-profit or |
not-for-profit entities, shall be eligible for consideration |
by the Department of Human Services to participate in any |
program funded or administered by the Department. This |
subsection shall not apply to the receipt of federal funds |
administered and transferred by the Department for services |
when the federal government has specifically provided that |
those funds may be received only by those entities organized |
as not-for-profit entities. |
(Source: P.A. 89-392, eff. 8-20-95; 89-507, eff. 7-1-97; |
90-655, eff. 7-30-98.) |
Section 3-8. The Department of Commerce and Economic |
|
Opportunity Law of the Civil Administrative Code of Illinois |
is amended by changing Section 605-705 as follows: |
(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 : (1) in |
Fiscal Years 2021 through 2024 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 ; (2) in Fiscal Year 2025, 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 30% of the grant amount; |
and (3) in Fiscal Year 2026, 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 40% 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, emergency rules to |
implement the changes made by Public Act 101-636 may be |
adopted by the Department subject to the provisions of Section |
5-45 of the Illinois Administrative Procedure Act. |
(Source: P.A. 102-16, eff. 6-17-21; 102-699, eff. 4-19-22; |
103-8, eff. 6-7-23.) |
Section 3-9. The Mental Health and Developmental |
Disabilities Administrative Act is amended by changing Section |
74 as follows: |
(20 ILCS 1705/74) |
Sec. 74. Rates and reimbursements. |
(a) Within 30 days after July 6, 2017 (the effective date |
of Public Act 100-23), the Department shall increase rates and |
reimbursements to fund a minimum of a $0.75 per hour wage |
increase for front-line personnel, including, but not limited |
to, direct support professionals, aides, front-line |
supervisors, qualified intellectual disabilities |
|
professionals, nurses, and non-administrative support staff |
working in community-based provider organizations serving |
individuals with developmental disabilities. The Department |
shall adopt rules, including emergency rules under subsection |
(y) of Section 5-45 of the Illinois Administrative Procedure |
Act, to implement the provisions of this Section. |
(b) Rates and reimbursements. Within 30 days after June 4, |
2018 (the effective date of Public Act 100-587), the |
Department shall increase rates and reimbursements to fund a |
minimum of a $0.50 per hour wage increase for front-line |
personnel, including, but not limited to, direct support |
professionals, aides, front-line supervisors, qualified |
intellectual disabilities professionals, nurses, and |
non-administrative support staff working in community-based |
provider organizations serving individuals with developmental |
disabilities. The Department shall adopt rules, including |
emergency rules under subsection (bb) of Section 5-45 of the |
Illinois Administrative Procedure Act, to implement the |
provisions of this Section. |
(c) Rates and reimbursements. Within 30 days after June 5, |
2019 (the effective date of Public Act 101-10), subject to |
federal approval, the Department shall increase rates and |
reimbursements in effect on June 30, 2019 for community-based |
providers for persons with Developmental Disabilities by 3.5% |
The Department shall adopt rules, including emergency rules |
under subsection (jj) of Section 5-45 of the Illinois |
|
Administrative Procedure Act, to implement the provisions of |
this Section, including wage increases for direct care staff. |
(d) For community-based providers serving persons with |
intellectual/developmental disabilities, subject to federal |
approval of any relevant Waiver Amendment, the rates taking |
effect for services delivered on or after January 1, 2022, |
shall include an increase in the rate methodology sufficient |
to provide a $1.50 per hour wage increase for direct support |
professionals in residential settings and sufficient to |
provide wages for all residential non-executive direct care |
staff, excluding direct support professionals, at the federal |
Department of Labor, Bureau of Labor Statistics' average wage |
as defined in rule by the Department. |
The establishment of and any changes to the rate |
methodologies for community-based services provided to persons |
with intellectual/developmental disabilities are subject to |
federal approval of any relevant Waiver Amendment and shall be |
defined in rule by the Department. The Department shall adopt |
rules, including emergency rules as authorized by Section 5-45 |
of the Illinois Administrative Procedure Act, to implement the |
provisions of this subsection (d). |
(e) For community-based providers serving persons with |
intellectual/developmental disabilities, subject to federal |
approval of any relevant Waiver Amendment, the rates taking |
effect for services delivered on or after January 1, 2023, |
shall include an increase in the rate methodology sufficient |
|
to provide a $1.00 per hour wage increase for all direct |
support professionals and all other frontline personnel who |
are not subject to the Bureau of Labor Statistics' average |
wage increases, who work in residential and community day |
services settings, with at least $0.50 of those funds to be |
provided as a direct increase to base wages, with the |
remaining $0.50 to be used flexibly for base wage increases. |
In addition, the rates taking effect for services delivered on |
or after January 1, 2023 shall include an increase sufficient |
to provide wages for all residential non-executive direct care |
staff, excluding direct support professionals, at the federal |
Department of Labor, Bureau of Labor Statistics' average wage |
as defined in rule by the Department. |
The establishment of and any changes to the rate |
methodologies for community-based services provided to persons |
with intellectual/developmental disabilities are subject to |
federal approval of any relevant Waiver Amendment and shall be |
defined in rule by the Department. The Department shall adopt |
rules, including emergency rules as authorized by Section 5-45 |
of the Illinois Administrative Procedure Act, to implement the |
provisions of this subsection. |
(f) For community-based providers serving persons with |
intellectual/developmental disabilities, subject to federal |
approval of any relevant Waiver Amendment, the rates taking |
effect for services delivered on or after January 1, 2024 |
shall include an increase in the rate methodology sufficient |
|
to provide a $2.50 per hour wage increase for all direct |
support professionals and all other frontline personnel who |
are not subject to the Bureau of Labor Statistics' average |
wage increases and who work in residential and community day |
services settings. At least $1.25 of the per hour wage |
increase shall be provided as a direct increase to base wages, |
and the remaining $1.25 of the per hour wage increase shall be |
used flexibly for base wage increases. In addition, the rates |
taking effect for services delivered on or after January 1, |
2024 shall include an increase sufficient to provide wages for |
all residential non-executive direct care staff, excluding |
direct support professionals, at the federal Department of |
Labor, Bureau of Labor Statistics' average wage as defined in |
rule by the Department. |
The establishment of and any changes to the rate |
methodologies for community-based services provided to persons |
with intellectual/developmental disabilities are subject to |
federal approval of any relevant Waiver Amendment and shall be |
defined in rule by the Department. The Department shall adopt |
rules, including emergency rules as authorized by Section 5-45 |
of the Illinois Administrative Procedure Act, to implement the |
provisions of this subsection. |
(g) For community-based providers serving persons with |
intellectual or developmental disabilities, subject to federal |
approval of any relevant Waiver Amendment, the rates taking |
effect for services delivered on or after January 1, 2025 |
|
shall include an increase in the rate methodology sufficient |
to provide a $1 per hour wage rate increase for all direct |
support personnel and all other frontline personnel who are |
not subject to the Bureau of Labor Statistics' average wage |
increases and who work in residential and community day |
services settings, with at least $0.75 of those funds to be |
provided as a direct increase to base wages and the remaining |
$0.25 to be used flexibly for base wage increases. These |
increases shall not be used by community-based providers for |
operational or administrative expenses. In addition, the rates |
taking effect for services delivered on or after January 1, |
2025 shall include an increase sufficient to provide wages for |
all residential non-executive direct care staff, excluding |
direct support personnel, at the federal Department of Labor, |
Bureau of Labor Statistics' average wage as defined by rule by |
the Department. For services delivered on or after January 1, |
2025, the rates shall include adjustments to |
employment-related expenses as defined by rule by the |
Department. |
The establishment of and any changes to the rate |
methodologies for community-based services provided to persons |
with intellectual or developmental disabilities are subject to |
federal approval of any relevant Waiver Amendment and shall be |
defined in rule by the Department. The Department shall adopt |
rules, including emergency rules as authorized by Section 5-45 |
of the Illinois Administrative Procedure Act, to implement the |
|
provisions of this subsection. |
(Source: P.A. 102-16, eff. 6-17-21; 102-699, eff. 4-19-22; |
102-830, eff. 1-1-23; 103-8, eff. 6-7-23; 103-154, eff. |
6-30-23.) |
Section 3-10. The Governor's Office of Management and |
Budget Act is amended by adding Section 7.4 as follows: |
(20 ILCS 3005/7.4 new) |
Sec. 7.4. Monthly revenues reporting. No later than the |
15th day following the end of each month, the Office shall |
prepare and publish a written report including, at a minimum, |
the following information: |
(1) year-to-date general funds revenues as compared to |
anticipated revenues; |
(2) year-to-date general funds expenditures as |
compared to the then current fiscal year budget as |
enacted; and |
(3) any transfers between budget lines pursuant to |
Section 13.2 of the State Finance Act exceeding 2%. |
Section 3-11. The Illinois Emergency Management Agency Act |
is amended by changing Section 5 as follows: |
(20 ILCS 3305/5) (from Ch. 127, par. 1055) |
Sec. 5. Illinois Emergency Management Agency. |
|
(a) There is created within the executive branch of the |
State Government an Illinois Emergency Management Agency and a |
Director of the Illinois Emergency Management Agency, herein |
called the "Director" who shall be the head thereof. The |
Director shall be appointed by the Governor, with the advice |
and consent of the Senate, and shall serve for a term of 2 |
years beginning on the third Monday in January of the |
odd-numbered year, and until a successor is appointed and has |
qualified; except that the term of the first Director |
appointed under this Act shall expire on the third Monday in |
January, 1989. The Director shall not hold any other |
remunerative public office. For terms beginning after January |
18, 2019 (the effective date of Public Act 100-1179) and |
before January 16, 2023, the annual salary of the Director |
shall be as provided in Section 5-300 of the Civil |
Administrative Code of Illinois. Notwithstanding any other |
provision of law, for terms beginning on or after January 16, |
2023, the Director shall receive an annual salary of $180,000 |
or as set by the Governor, whichever is higher. On July 1, |
2023, and on each July 1 thereafter, the Director shall |
receive an increase in salary based on a cost of living |
adjustment as authorized by Senate Joint Resolution 192 of the |
86th General Assembly. |
For terms beginning on or after January 16, 2023, the |
Assistant Director of the Illinois Emergency Management Agency |
shall receive an annual salary of $156,600 or as set by the |
|
Governor, whichever is higher. On July 1, 2023, and on each |
July 1 thereafter, the Assistant Director shall receive an |
increase in salary based on a cost of living adjustment as |
authorized by Senate Joint Resolution 192 of the 86th General |
Assembly. |
(b) The Illinois Emergency Management Agency shall obtain, |
under the provisions of the Personnel Code, technical, |
clerical, stenographic and other administrative personnel, and |
may make expenditures within the appropriation therefor as may |
be necessary to carry out the purpose of this Act. The agency |
created by this Act is intended to be a successor to the agency |
created under the Illinois Emergency Services and Disaster |
Agency Act of 1975 and the personnel, equipment, records, and |
appropriations of that agency are transferred to the successor |
agency as of June 30, 1988 (the effective date of this Act). |
(c) The Director, subject to the direction and control of |
the Governor, shall be the executive head of the Illinois |
Emergency Management Agency and the State Emergency Response |
Commission and shall be responsible under the direction of the |
Governor, for carrying out the program for emergency |
management of this State. The Director shall also maintain |
liaison and cooperate with the emergency management |
organizations of this State and other states and of the |
federal government. |
(d) The Illinois Emergency Management Agency shall take an |
integral part in the development and revision of political |
|
subdivision emergency operations plans prepared under |
paragraph (f) of Section 10. To this end it shall employ or |
otherwise secure the services of professional and technical |
personnel capable of providing expert assistance to the |
emergency services and disaster agencies. These personnel |
shall consult with emergency services and disaster agencies on |
a regular basis and shall make field examinations of the |
areas, circumstances, and conditions that particular political |
subdivision emergency operations plans are intended to apply. |
(e) The Illinois Emergency Management Agency and political |
subdivisions shall be encouraged to form an emergency |
management advisory committee composed of private and public |
personnel representing the emergency management phases of |
mitigation, preparedness, response, and recovery. The Local |
Emergency Planning Committee, as created under the Illinois |
Emergency Planning and Community Right to Know Act, shall |
serve as an advisory committee to the emergency services and |
disaster agency or agencies serving within the boundaries of |
that Local Emergency Planning Committee planning district for: |
(1) the development of emergency operations plan |
provisions for hazardous chemical emergencies; and |
(2) the assessment of emergency response capabilities |
related to hazardous chemical emergencies. |
(f) The Illinois Emergency Management Agency shall: |
(1) Coordinate the overall emergency management |
program of the State. |
|
(2) Cooperate with local governments, the federal |
government, and any public or private agency or entity in |
achieving any purpose of this Act and in implementing |
emergency management programs for mitigation, |
preparedness, response, and recovery. |
(2.5) Develop a comprehensive emergency preparedness |
and response plan for any nuclear accident in accordance |
with Section 65 of the Nuclear Safety Law of 2004 and in |
development of the Illinois Nuclear Safety Preparedness |
program in accordance with Section 8 of the Illinois |
Nuclear Safety Preparedness Act. |
(2.6) Coordinate with the Department of Public Health |
with respect to planning for and responding to public |
health emergencies. |
(3) Prepare, for issuance by the Governor, executive |
orders, proclamations, and regulations as necessary or |
appropriate in coping with disasters. |
(4) Promulgate rules and requirements for political |
subdivision emergency operations plans that are not |
inconsistent with and are at least as stringent as |
applicable federal laws and regulations. |
(5) Review and approve, in accordance with Illinois |
Emergency Management Agency rules, emergency operations |
plans for those political subdivisions required to have an |
emergency services and disaster agency pursuant to this |
Act. |
|
(5.5) Promulgate rules and requirements for the |
political subdivision emergency management exercises, |
including, but not limited to, exercises of the emergency |
operations plans. |
(5.10) Review, evaluate, and approve, in accordance |
with Illinois Emergency Management Agency rules, political |
subdivision emergency management exercises for those |
political subdivisions required to have an emergency |
services and disaster agency pursuant to this Act. |
(6) Determine requirements of the State and its |
political subdivisions for food, clothing, and other |
necessities in event of a disaster. |
(7) Establish a register of persons with types of |
emergency management training and skills in mitigation, |
preparedness, response, and recovery. |
(8) Establish a register of government and private |
response resources available for use in a disaster. |
(9) Expand the Earthquake Awareness Program and its |
efforts to distribute earthquake preparedness materials to |
schools, political subdivisions, community groups, civic |
organizations, and the media. Emphasis will be placed on |
those areas of the State most at risk from an earthquake. |
Maintain the list of all school districts, hospitals, |
airports, power plants, including nuclear power plants, |
lakes, dams, emergency response facilities of all types, |
and all other major public or private structures which are |
|
at the greatest risk of damage from earthquakes under |
circumstances where the damage would cause subsequent harm |
to the surrounding communities and residents. |
(10) Disseminate all information, completely and |
without delay, on water levels for rivers and streams and |
any other data pertaining to potential flooding supplied |
by the Division of Water Resources within the Department |
of Natural Resources to all political subdivisions to the |
maximum extent possible. |
(11) Develop agreements, if feasible, with medical |
supply and equipment firms to supply resources as are |
necessary to respond to an earthquake or any other |
disaster as defined in this Act. These resources will be |
made available upon notifying the vendor of the disaster. |
Payment for the resources will be in accordance with |
Section 7 of this Act. The Illinois Department of Public |
Health shall determine which resources will be required |
and requested. |
(11.5) In coordination with the Illinois State Police, |
develop and implement a community outreach program to |
promote awareness among the State's parents and children |
of child abduction prevention and response. |
(12) Out of funds appropriated for these purposes, |
award capital and non-capital grants to Illinois hospitals |
or health care facilities located outside of a city with a |
population in excess of 1,000,000 to be used for purposes |
|
that include, but are not limited to, preparing to respond |
to mass casualties and disasters, maintaining and |
improving patient safety and quality of care, and |
protecting the confidentiality of patient information. No |
single grant for a capital expenditure shall exceed |
$300,000. No single grant for a non-capital expenditure |
shall exceed $100,000. In awarding such grants, preference |
shall be given to hospitals that serve a significant |
number of Medicaid recipients, but do not qualify for |
disproportionate share hospital adjustment payments under |
the Illinois Public Aid Code. To receive such a grant, a |
hospital or health care facility must provide funding of |
at least 50% of the cost of the project for which the grant |
is being requested. In awarding such grants the Illinois |
Emergency Management Agency shall consider the |
recommendations of the Illinois Hospital Association. |
(13) Do all other things necessary, incidental or |
appropriate for the implementation of this Act. |
(g) The Illinois Emergency Management Agency is authorized |
to make grants to various higher education institutions, |
public K-12 school districts, area vocational centers as |
designated by the State Board of Education, inter-district |
special education cooperatives, regional safe schools, and |
nonpublic K-12 schools for safety and security improvements. |
For the purpose of this subsection (g), "higher education |
institution" means a public university, a public community |
|
college, or an independent, not-for-profit or for-profit |
higher education institution located in this State. Grants |
made under this subsection (g) shall be paid out of moneys |
appropriated for that purpose from the Build Illinois Bond |
Fund. The Illinois Emergency Management Agency shall adopt |
rules to implement this subsection (g). These rules may |
specify: (i) the manner of applying for grants; (ii) project |
eligibility requirements; (iii) restrictions on the use of |
grant moneys; (iv) the manner in which the various higher |
education institutions must account for the use of grant |
moneys; and (v) any other provision that the Illinois |
Emergency Management Agency determines to be necessary or |
useful for the administration of this subsection (g). |
(g-5) The Illinois Emergency Management Agency is |
authorized to make grants to not-for-profit organizations |
which are exempt from federal income taxation under section |
501(c)(3) of the Federal Internal Revenue Code for eligible |
security improvements that assist the organization in |
preventing, preparing for, or responding to threats, attacks, |
or acts of terrorism. To be eligible for a grant under the |
program, the Agency must determine that the organization is at |
a high risk of being subject to threats, attacks, or acts of |
terrorism based on the organization's profile, ideology, |
mission, or beliefs. Eligible security improvements shall |
include all eligible preparedness activities under the federal |
Nonprofit Security Grant Program, including, but not limited |
|
to, physical security upgrades, security training exercises, |
preparedness training exercises, contracting with security |
personnel, and any other security upgrades deemed eligible by |
the Director. Eligible security improvements shall not |
duplicate, in part or in whole, a project included under any |
awarded federal grant or in a pending federal application. The |
Director shall establish procedures and forms by which |
applicants may apply for a grant and procedures for |
distributing grants to recipients. Any security improvements |
awarded shall remain at the physical property listed in the |
grant application, unless authorized by Agency rule or |
approved by the Agency in writing. The procedures shall |
require each applicant to do the following: |
(1) identify and substantiate prior or current |
threats, attacks, or acts of terrorism against the |
not-for-profit organization; |
(2) indicate the symbolic or strategic value of one or |
more sites that renders the site a possible target of a |
threat, attack, or act of terrorism; |
(3) discuss potential consequences to the organization |
if the site is damaged, destroyed, or disrupted by a |
threat, attack, or act of terrorism; |
(4) describe how the grant will be used to integrate |
organizational preparedness with broader State and local |
preparedness efforts, as described by the Agency in each |
Notice of Opportunity for Funding; |
|
(5) submit (i) a vulnerability assessment conducted by |
experienced security, law enforcement, or military |
personnel, or conducted using an Agency-approved or |
federal Nonprofit Security Grant Program self-assessment |
tool, and (ii) a description of how the grant award will be |
used to address the vulnerabilities identified in the |
assessment; and |
(6) submit any other relevant information as may be |
required by the Director. |
The Agency is authorized to use funds appropriated for the |
grant program described in this subsection (g-5) to administer |
the program. Any Agency Notice of Opportunity for Funding, |
proposed or final rulemaking, guidance, training opportunity, |
or other resource related to the grant program must be |
published on the Agency's publicly available website, and any |
announcements related to funding shall be shared with all |
State legislative offices, the Governor's office, emergency |
services and disaster agencies mandated or required pursuant |
to subsections (b) through (d) of Section 10, and any other |
State agencies as determined by the Agency. Subject to |
appropriation, the grant application period shall be open for |
no less than 45 calendar days during the first application |
cycle each fiscal year, unless the Agency determines that a |
shorter period is necessary to avoid conflicts with the annual |
federal Nonprofit Security Grant Program funding cycle. |
Additional application cycles may be conducted during the same |
|
fiscal year, subject to availability of funds. Upon request, |
Agency staff shall provide reasonable assistance to any |
applicant in completing a grant application or meeting a |
post-award requirement. |
In addition to any advance payment rules or procedures |
adopted by the Agency, the Agency shall adopt rules or |
procedures by which grantees under this subsection (g-5) may |
receive a working capital advance of initial start-up costs |
and up to 2 months of program expenses, not to exceed 25% of |
the total award amount, if, during the application process, |
the grantee demonstrates a need for funds to commence a |
project. The remaining funds must be paid through |
reimbursement after the grantee presents sufficient supporting |
documentation of expenditures for eligible activities. |
(h) Except as provided in Section 17.5 of this Act, any |
moneys received by the Agency from donations or sponsorships |
unrelated to a disaster shall be deposited in the Emergency |
Planning and Training Fund and used by the Agency, subject to |
appropriation, to effectuate planning and training activities. |
Any moneys received by the Agency from donations during a |
disaster and intended for disaster response or recovery shall |
be deposited into the Disaster Response and Recovery Fund and |
used for disaster response and recovery pursuant to the |
Disaster Relief Act. |
(i) The Illinois Emergency Management Agency may by rule |
assess and collect reasonable fees for attendance at |
|
Agency-sponsored conferences to enable the Agency to carry out |
the requirements of this Act. Any moneys received under this |
subsection shall be deposited in the Emergency Planning and |
Training Fund and used by the Agency, subject to |
appropriation, for planning and training activities. |
(j) The Illinois Emergency Management Agency is authorized |
to make grants to other State agencies, public universities, |
units of local government, and statewide mutual aid |
organizations to enhance statewide emergency preparedness and |
response. |
(Source: P.A. 102-16, eff. 6-17-21; 102-538, eff. 8-20-21; |
102-813, eff. 5-13-22; 102-1115, eff. 1-9-23; 103-418, eff. |
1-1-24 .) |
Section 3-15. The State Finance Act is amended by changing |
Section 6z-129 as follows: |
(30 ILCS 105/6z-129) |
Sec. 6z-129. Horse Racing Purse Equity Fund. The Horse |
Racing Purse Equity Fund is a nonappropriated trust fund held |
outside of the State treasury. Within 30 calendar days after |
funds are deposited in the Horse Racing Purse Equity Fund and |
the applicable grant agreement is executed, whichever is |
later, the Department of Agriculture shall transfer the entire |
balance in the Fund to the organization licensees that hold |
purse moneys that support each of the legally recognized |
|
horsemen's associations that have contracted with an |
organization licensee over the immediately preceding 3 |
calendar years under subsection (d) of Section 29 of the |
Illinois Horse Racing Act of 1975. The 2024 2023 division of |
such fund balance among the qualifying purse accounts shall be |
pursuant to the 2021 agreement of the involved horsemen |
associations with 45% being allocated to the thoroughbred |
purse account at a racetrack located in Stickney Township in |
Cook County, 30% being allocated to the harness purse account |
at a racetrack located in Stickney Township in Cook County, |
and 25% being allocated to the thoroughbred purse account at a |
racetrack located in Madison County. Transfers may be made to |
an organization licensee that has one or more executed grant |
agreements while the other organization licensee awaits |
finalization and execution of its grant agreement or |
agreements. All funds transferred to purse accounts pursuant |
to this Section shall be for the sole purpose of augmenting |
future purses during State fiscal year 2025 2024 . For purposes |
of this Section, a legally recognized horsemen association is |
that horsemen association representing the largest number of |
owners, trainers, jockeys or Standardbred drivers who race |
horses at an Illinois organization licensee and that enter |
into agreements with Illinois organization licenses to govern |
the racing meet and that also provide required consents |
pursuant to the Illinois Horse Racing Act of 1975. |
(Source: P.A. 102-16, eff. 6-17-21; 103-8, eff. 7-1-23.) |
|
Section 3-22. The Illinois Pension Code is amended by |
changing Sections 16-150.1 and 17-149, as follows: |
(40 ILCS 5/16-150.1) |
Sec. 16-150.1. Return to teaching in subject shortage |
area. |
(a) As used in this Section, "eligible employment" means |
employment beginning on or after July 1, 2003 and ending no |
later than June 30, 2027 2024 , in a subject shortage area at a |
qualified school, in a position requiring certification under |
the law governing the certification of teachers. |
As used in this Section, "qualified school" means a public |
elementary or secondary school that meets all of the following |
requirements: |
(1) At the time of hiring a retired teacher under this |
Section, the school is experiencing a shortage of teachers |
in the subject shortage area for which the teacher is |
hired. |
(2) The school district to which the school belongs |
has complied with the requirements of subsection (e), and |
the regional superintendent has certified that compliance |
to the System. |
(3) If the school district to which the school belongs |
provides group health benefits for its teachers generally, |
substantially similar health benefits are made available |
|
for teachers participating in the program under this |
Section, without any limitations based on pre-existing |
conditions. |
(b) An annuitant receiving a retirement annuity under this |
Article (other than a disability retirement annuity) may |
engage in eligible employment at a qualified school without |
impairing his or her retirement status or retirement annuity, |
subject to the following conditions: |
(1) the eligible employment does not begin within the |
school year during which service was terminated; |
(2) the annuitant has not received any early |
retirement incentive under Section 16-133.3, 16-133.4, or |
16-133.5; |
(3) if the annuitant retired before age 60 and with |
less than 34 years of service, the eligible employment |
does not begin within the year following the effective |
date of the retirement annuity; |
(4) if the annuitant retired at age 60 or above or with |
34 or more years of service, the eligible employment does |
not begin within the 90 days following the effective date |
of the retirement annuity; and |
(5) before the eligible employment begins, the |
employer notifies the System in writing of the annuitant's |
desire to participate in the program established under |
this Section. |
(c) An annuitant engaged in eligible employment in |
|
accordance with subsection (b) shall be deemed a participant |
in the program established under this Section for so long as he |
or she remains employed in eligible employment. |
(d) A participant in the program established under this |
Section continues to be a retirement annuitant, rather than an |
active teacher, for all of the purposes of this Code, but shall |
be deemed an active teacher for other purposes, such as |
inclusion in a collective bargaining unit, eligibility for |
group health benefits, and compliance with the laws governing |
the employment, regulation, certification, treatment, and |
conduct of teachers. |
With respect to an annuitant's eligible employment under |
this Section, neither employee nor employer contributions |
shall be made to the System and no additional service credit |
shall be earned. Eligible employment does not affect the |
annuitant's final average salary or the amount of the |
retirement annuity. |
(e) Before hiring a teacher under this Section, the school |
district to which the school belongs must do the following: |
(1) If the school district to which the school belongs |
has honorably dismissed, within the calendar year |
preceding the beginning of the school term for which it |
seeks to employ a retired teacher under the program |
established in this Section, any teachers who are legally |
qualified to hold positions in the subject shortage area |
and have not yet begun to receive their retirement |
|
annuities under this Article, the vacant positions must |
first be tendered to those teachers. |
(2) For a period of at least 90 days during the 6 |
months preceding the beginning of either the fall or |
spring term for which it seeks to employ a retired teacher |
under the program established in this Section, the school |
district must, on an ongoing basis, (i) advertise its |
vacancies in the subject shortage area in employment |
bulletins published by college and university placement |
offices located near the school; (ii) search for teachers |
legally qualified to fill those vacancies through the |
Illinois Education Job Bank; and (iii) post all vacancies |
on the school district's website and list the vacancy in |
an online job portal or database. |
A school district replacing a teacher who is unable to |
continue employment with the school district because of |
documented illness, injury, or disability that occurred after |
being hired by a school district under this Section shall be |
exempt from the provisions of paragraph (2) for 90 school |
days. However, the school district must on an ongoing basis |
comply with items (i), (ii), and (iii) of paragraph (2). |
The school district must submit documentation of its |
compliance with this subsection to the regional |
superintendent. Upon receiving satisfactory documentation from |
the school district, the regional superintendent shall certify |
the district's compliance with this subsection to the System. |
|
(f) This Section applies without regard to whether the |
annuitant was in service on or after the effective date of this |
amendatory Act of the 93rd General Assembly. |
(Source: P.A. 101-49, eff. 7-12-19; 102-440, eff. 8-20-21.) |
(40 ILCS 5/17-149) (from Ch. 108 1/2, par. 17-149) |
Sec. 17-149. Cancellation of pensions. |
(a) If any person receiving a disability retirement |
pension from the Fund is re-employed as a teacher by an |
Employer, the pension shall be cancelled on the date the |
re-employment begins, or on the first day of a payroll period |
for which service credit was validated, whichever is earlier. |
(b) If any person receiving a service retirement pension |
from the Fund is re-employed as a teacher on a permanent or |
annual basis by an Employer, the pension shall be cancelled on |
the date the re-employment begins, or on the first day of a |
payroll period for which service credit was validated, |
whichever is earlier. However, subject to the limitations and |
requirements of subsection (c-5), (c-6), (c-7), or (c-10), the |
pension shall not be cancelled in the case of a service |
retirement pensioner who is re-employed on a temporary and |
non-annual basis or on an hourly basis. |
(c) If the date of re-employment on a permanent or annual |
basis occurs within 5 school months after the date of previous |
retirement, exclusive of any vacation period, the member shall |
be deemed to have been out of service only temporarily and not |
|
permanently retired. Such person shall be entitled to pension |
payments for the time he could have been employed as a teacher |
and received salary, but shall not be entitled to pension for |
or during the summer vacation prior to his return to service. |
When the member again retires on pension, the time of |
service and the money contributed by him during re-employment |
shall be added to the time and money previously credited. Such |
person must acquire 3 consecutive years of additional |
contributing service before he may retire again on a pension |
at a rate and under conditions other than those in force or |
attained at the time of his previous retirement. |
(c-5) For school years beginning on or after July 1, 2019 |
and before July 1, 2022, the service retirement pension shall |
not be cancelled in the case of a service retirement pensioner |
who is re-employed as a teacher on a temporary and non-annual |
basis or on an hourly basis, so long as the person (1) does not |
work as a teacher for compensation on more than 120 days in a |
school year or (2) does not accept gross compensation for the |
re-employment in a school year in excess of (i) $30,000 or (ii) |
in the case of a person who retires with at least 5 years of |
service as a principal, an amount that is equal to the daily |
rate normally paid to retired principals multiplied by 100. |
These limitations apply only to school years that begin on or |
after July 1, 2019 and before July 1, 2022. Such re-employment |
does not require contributions, result in service credit, or |
constitute active membership in the Fund. |
|
The service retirement pension shall not be cancelled in |
the case of a service retirement pensioner who is re-employed |
as a teacher on a temporary and non-annual basis or on an |
hourly basis, so long as the person (1) does not work as a |
teacher for compensation on more than 100 days in a school year |
or (2) does not accept gross compensation for the |
re-employment in a school year in excess of (i) $30,000 or (ii) |
in the case of a person who retires with at least 5 years of |
service as a principal, an amount that is equal to the daily |
rate normally paid to retired principals multiplied by 100. |
These limitations apply only to school years that begin on or |
after August 8, 2012 (the effective date of Public Act 97-912) |
and before July 1, 2019. Such re-employment does not require |
contributions, result in service credit, or constitute active |
membership in the Fund. |
Notwithstanding the 120-day limit set forth in item (1) of |
this subsection (c-5), the service retirement pension shall |
not be cancelled in the case of a service retirement pensioner |
who teaches only driver education courses after regular school |
hours and does not teach any other subject area, so long as the |
person does not work as a teacher for compensation for more |
than 900 hours in a school year. The $30,000 limit set forth in |
subitem (i) of item (2) of this subsection (c-5) shall apply to |
a service retirement pensioner who teaches only driver |
education courses after regular school hours and does not |
teach any other subject area. |
|
To be eligible for such re-employment without cancellation |
of pension, the pensioner must notify the Fund and the Board of |
Education of his or her intention to accept re-employment |
under this subsection (c-5) before beginning that |
re-employment (or if the re-employment began before August 8, |
2012 (the effective date of Public Act 97-912), then within 30 |
days after that effective date). |
An Employer must certify to the Fund the temporary and |
non-annual or hourly status and the compensation of each |
pensioner re-employed under this subsection at least |
quarterly, and when the pensioner is approaching the earnings |
limitation under this subsection. |
If the pensioner works more than 100 days or accepts |
excess gross compensation for such re-employment in any school |
year that begins on or after August 8, 2012 (the effective date |
of Public Act 97-912), the service retirement pension shall |
thereupon be cancelled. |
If the pensioner who only teaches drivers education |
courses after regular school hours works more than 900 hours |
or accepts excess gross compensation for such re-employment in |
any school year that begins on or after August 12, 2016 (the |
effective date of Public Act 99-786), the service retirement |
pension shall thereupon be cancelled. |
If the pensioner works more than 120 days or accepts |
excess gross compensation for such re-employment in any school |
year that begins on or after July 1, 2019, the service |
|
retirement pension shall thereupon be cancelled. |
The Board of the Fund shall adopt rules for the |
implementation and administration of this subsection. |
(c-6) For school years beginning on or after July 1, 2022 |
and before July 1, 2027 2024 , the service retirement pension |
shall not be cancelled in the case of a service retirement |
pensioner who is re-employed as a teacher or an administrator |
on a temporary and non-annual basis or on an hourly basis, so |
long as the person does not work as a teacher or an |
administrator for compensation on more than 140 days in a |
school year. Such re-employment does not require |
contributions, result in service credit, or constitute active |
membership in the Fund. |
(c-7) For school years beginning on or after July 1, 2027 |
2024 , the service retirement pension shall not be cancelled in |
the case of a service retirement pensioner who is re-employed |
as a teacher or an administrator on a temporary and non-annual |
basis or on an hourly basis, so long as the person does not |
work as a teacher or an administrator for compensation on more |
than 120 days in a school year. Such re-employment does not |
require contributions, result in service credit, or constitute |
active membership in the Fund. |
(c-10) Until June 30, 2027 2024 , the service retirement |
pension of a service retirement pensioner shall not be |
cancelled if the service retirement pensioner is employed in a |
subject shortage area and the Employer that is employing the |
|
service retirement pensioner meets the following requirements: |
(1) If the Employer has honorably dismissed, within |
the calendar year preceding the beginning of the school |
term for which it seeks to employ a service retirement |
pensioner under this subsection, any teachers who are |
legally qualified to hold positions in the subject |
shortage area and have not yet begun to receive their |
service retirement pensions under this Article, the vacant |
positions must first be tendered to those teachers. |
(2) For a period of at least 90 days during the 6 |
months preceding the beginning of either the fall or |
spring term for which it seeks to employ a service |
retirement pensioner under this subsection, the Employer |
must, on an ongoing basis, (i) advertise its vacancies in |
the subject shortage area in employment bulletins |
published by college and university placement offices |
located near the school; (ii) search for teachers legally |
qualified to fill those vacancies through the Illinois |
Education Job Bank; and (iii) post all vacancies on the |
Employer's website and list the vacancy in an online job |
portal or database. |
An Employer of a teacher who is unable to continue |
employment with the Employer because of documented illness, |
injury, or disability that occurred after being hired by the |
Employer under this subsection is exempt from the provisions |
of paragraph (2) for 90 school days. However, the Employer |
|
must on an ongoing basis comply with items (i), (ii), and (iii) |
of paragraph (2). |
The Employer must submit documentation of its compliance |
with this subsection to the regional superintendent. Upon |
receiving satisfactory documentation from the Employer, the |
regional superintendent shall certify the Employer's |
compliance with this subsection to the Fund. |
(d) Notwithstanding Sections 1-103.1 and 17-157, the |
changes to this Section made by Public Act 90-32 apply without |
regard to whether termination of service occurred before the |
effective date of that Act and apply retroactively to August |
23, 1989. |
Notwithstanding Sections 1-103.1 and 17-157, the changes |
to this Section and Section 17-106 made by Public Act 92-599 |
apply without regard to whether termination of service |
occurred before June 28, 2002 (the effective date of Public |
Act 92-599). |
Notwithstanding Sections 1-103.1 and 17-157, the changes |
to this Section made by Public Act 97-912 apply without regard |
to whether termination of service occurred before August 8, |
2012 (the effective date of Public Act 97-912). |
(Source: P.A. 102-1013, eff. 5-27-22; 102-1090, eff. 6-10-22; |
103-154, eff. 6-30-23.) |
Section 3-25. The Law Enforcement Camera Grant Act is |
amended by changing Section 10 as follows: |
|
(50 ILCS 707/10) |
Sec. 10. Law Enforcement Camera Grant Fund; creation, |
rules. |
(a) The Law Enforcement Camera Grant Fund is created as a |
special fund in the State treasury. From appropriations to the |
Board from the Fund, the Board must make grants to units of |
local government in Illinois and Illinois public universities |
for the purpose of (1) purchasing or leasing in-car video |
cameras for use in law enforcement vehicles, (2) purchasing or |
leasing officer-worn body cameras and associated technology |
for law enforcement officers, and (3) training for law |
enforcement officers in the operation of the cameras. Grants |
under this Section may be used to offset data storage and |
related licensing costs for officer-worn body cameras. For the |
purposes of this Section, "purchasing or leasing" includes |
providing funding to units of local government in advance that |
can be used to obtain this equipment rather than only for |
reimbursement of purchased equipment. |
Moneys received for the purposes of this Section, |
including, without limitation, fee receipts and gifts, grants, |
and awards from any public or private entity, must be |
deposited into the Fund. Any interest earned on moneys in the |
Fund must be deposited into the Fund. |
(b) The Board may set requirements for the distribution of |
grant moneys and determine which law enforcement agencies are |
|
eligible. |
(b-5) The Board shall consider compliance with the Uniform |
Crime Reporting Act as a factor in awarding grant moneys. |
(c) (Blank). |
(d) (Blank). |
(e) (Blank). |
(f) (Blank). |
(g) (Blank). |
(h) (Blank). |
(Source: P.A. 102-16, eff. 6-17-21; 102-1104, eff. 12-6-22.) |
Section 3-27. The Illinois Library System Act is amended |
by changing Section 8 as follows: |
(75 ILCS 10/8) (from Ch. 81, par. 118) |
Sec. 8. State grants. |
(a) There shall be a program of State grants within the |
limitations of funds appropriated by the Illinois General |
Assembly together with other funds made available by the |
federal government or other sources for this purpose. This |
program of State grants shall be administered by the State |
Librarian in accordance with rules and regulations as provided |
in Section 3 of this Act and shall include the following: (i) |
annual equalization grants; (ii) Library System grants; (iii) |
per capita grants to public libraries; and (iv) planning and |
construction grants to public libraries and library systems. |
|
Libraries, in order to be eligible for grants under this |
Section, must be members of a library system. |
(b) An annual equalization grant shall be made to all |
public libraries for which the corporate authorities levy a |
tax for library purposes at a rate not less than .13% of the |
value of all the taxable property as equalized and assessed by |
the Department of Revenue if the amount of tax revenue |
obtained from a rate of .13% produces less than $17.50 per |
capita in property tax revenue from property taxes for Fiscal |
Year 2025 (i) $4.25 per capita in property tax revenue from |
property taxes for the 2006 taxable year payable in 2007 and |
(ii) $7.50 per capita in property tax revenue from property |
taxes for the 2007 taxable year and thereafter. In that case, |
the State Librarian is authorized to make an equalization |
grant equivalent to the difference between the amount obtained |
from a rate of .13% and an annual income of $17.50 per capita |
for grants made in Fiscal Year 2025 $4.25 per capita for grants |
made through Fiscal Year 2008, and an annual income of $7.50 |
per capita for grants made in Fiscal Year 2009 and thereafter. |
If moneys appropriated for grants under this Section are not |
sufficient, then the State Librarian shall reduce the per |
capita amount of the grants so that the qualifying public |
libraries receive the same amount per capita, but in no event |
shall the grant be less than equivalent to the difference |
between the amount of the tax revenue obtained from the |
current levy and an annual income of $4.25 per capita. If a |
|
library receiving an equalization grant reduces its tax levy |
below the amount levied at the time the original application |
is approved, it shall be ineligible to receive further |
equalization grants. |
If a library is subject to the Property Tax Extension |
Limitation Law in the Property Tax Code and its tax levy for |
library purposes has been lowered to a rate of less than .13%, |
the library will qualify for this grant if the library levied a |
tax for library purposes that met the requirements for this |
grant in the previous year and if the tax levied for library |
purposes in the current year produces tax revenue for the |
library that is an increase over the previous year's extension |
of 5% or the percentage increase in the Consumer Price Index, |
whichever is less, and the tax revenue produced by this levy is |
less than $17.50 per capita in property tax revenue from |
property taxes for the Fiscal Year 2025 (i) $4.25 per capita in |
property tax revenue from property taxes for the 2006 taxable |
year payable in 2007 and (ii) $7.50 per capita in property tax |
revenue from property taxes for the 2007 taxable year and |
thereafter. In this case, the State Librarian is authorized to |
make an equalization grant equivalent to the difference |
between the amount of tax revenue obtained from the current |
levy and an annual income of $17.50 per capita for grants made |
in Fiscal Year 2025 $4.25 per capita for grants made through |
Fiscal Year 2008, and an annual income of $7.50 per capita for |
grants made in Fiscal Year 2009 and thereafter. If moneys |
|
appropriated for grants under this Section are not sufficient, |
then the State Librarian shall reduce the per capita amount of |
the grants so that the qualifying public libraries receive the |
same amount per capita, but in no event shall the grant be less |
than equivalent to the difference between the amount of the |
tax revenue obtained from the current levy and an annual |
income of $4.25 per capita. If a library receiving an |
equalization grant reduces its tax levy below the amount |
levied at the time the original application is approved, it |
shall be ineligible to receive further equalization grants. |
(c) Annual Library System grants shall be made, upon |
application, to each library system approved by the State |
Librarian on the following basis: |
(1) For library systems, the sum of $1.46 per capita |
of the population of the area served plus the sum of $50.75 |
per square mile or fraction thereof of the area served |
except as provided in paragraph (4) of this subsection. |
(2) If the amounts appropriated for grants are |
different from the amount provided for in paragraph (1) of |
this subsection, the area and per capita funding shall be |
proportionately reduced or increased accordingly. |
(3) For library systems, additional funds may be |
appropriated. The appropriation shall be distributed on |
the same proportional per capita and per square mile basis |
as provided in paragraphs (1) and (4) of this subsection. |
(4) Per capita and area funding for a multitype |
|
library system as defined in subparagraph (3) of the |
definition of "library system" in Section 2 and a public |
library system in cities with a population of 500,000 or |
more as defined in subparagraph (2) of the definition of |
"library system" in Section 2 shall be apportioned with |
25% of the funding granted to the multitype library system |
and 75% of the funding granted to the public library |
system. |
(d) The "area served" for the purposes of making and |
expending annual Library System grants means the area that |
lies within the geographic boundaries of the library system as |
approved by the State Librarian, except that grant funding |
awarded to a library system may also be expended for the |
provision of services to members of other library systems if |
such an expenditure is included in a library system's plan of |
service and is approved by the State Librarian. In determining |
the population of the area served by the library system, the |
Illinois State Library shall use the latest federal census for |
the political subdivisions in the area served. |
(e) In order to be eligible for a grant under this Section, |
the corporate authorities, instead of a tax levy at a |
particular rate, may provide an amount equivalent to the |
amount produced by that levy. |
(Source: P.A. 99-186, eff. 7-29-15.) |
Section 3-30. The School Code is amended by changing |
|
Section 29-5 as follows: |
(105 ILCS 5/29-5) (from Ch. 122, par. 29-5) |
Sec. 29-5. Reimbursement by State for transportation. Any |
school district or State-authorized charter school , |
maintaining a school, transporting resident pupils to another |
school district's vocational program, offered through a joint |
agreement approved by the State Board of Education, as |
provided in Section 10-22.22 or transporting its resident |
pupils to a school which meets the standards for recognition |
as established by the State Board of Education which provides |
transportation meeting the standards of safety, comfort, |
convenience, efficiency and operation prescribed by the State |
Board of Education for resident pupils in kindergarten or any |
of grades 1 through 12 who: (a) reside at least 1 1/2 miles as |
measured by the customary route of travel, from the school |
attended; or (b) reside in areas where conditions are such |
that walking constitutes a hazard to the safety of the child |
when determined under Section 29-3; and (c) are transported to |
the school attended from pick-up points at the beginning of |
the school day and back again at the close of the school day or |
transported to and from their assigned attendance centers |
during the school day , shall be reimbursed by the State as |
hereinafter provided in this Section. |
The State will pay the prorated allowable cost of |
transporting eligible pupils less the real equalized assessed |
|
valuation as computed under paragraph (3) of subsection (d) of |
Section 18-8.15 in a dual school district maintaining |
secondary grades 9 to 12 inclusive times a qualifying rate of |
.05%; in elementary school districts maintaining grades K to 8 |
times a qualifying rate of .06%; and in unit districts |
maintaining grades K to 12, including partial elementary unit |
districts formed pursuant to Article 11E, times a qualifying |
rate of .07%. For a State-authorized charter school, the State |
shall pay the prorated allowable cost of transporting eligible |
pupils less a real equalized assessed valuation calculated |
pursuant to this Section times a qualifying rate. For purposes |
of calculating the real equalized assessed valuation for a |
State-authorized charter school whose resident district is not |
a school district organized under Article 34 of this Code, the |
State Board of Education shall calculate the average of the |
number of students in grades kindergarten through 12 reported |
as enrolled in the charter school in the State Board's Student |
Information System on October 1 and March 1 of the immediately |
preceding school year. That value shall be divided by the |
average of the number of students in grades kindergarten |
through 12 reported as enrolled in the charter school's |
resident district on October 1 and March 1 of the immediately |
preceding school year. That proportion shall be multiplied by |
the real equalized assessed valuation as computed under |
paragraph (3) of subsection (d) of Section 18-8.15 for each |
State-authorized charter school's applicable resident |
|
district. A State-authorized charter school whose resident |
district is organized under Article 34 of this Code shall have |
a real equalized assessed valuation equal to the real |
equalized assessed valuation of its resident district as |
computed under paragraph (3) of subsection (d) of Section |
18-8.15. A State-authorized charter school's qualifying rate |
shall be the same as the rate that applies to the charter |
school's resident district. |
To be eligible to receive reimbursement in excess of 4/5 |
of the cost to transport eligible pupils, a school district or |
partial elementary unit district formed pursuant to Article |
11E shall have a Transportation Fund tax rate of at least .12%. |
The Transportation Fund tax rate for a partial elementary unit |
district formed pursuant Article 11E shall be the combined |
elementary and high school rates pursuant to paragraph (4) of |
subsection (a) of Section 18-8.15. |
If a school district or partial elementary unit district |
formed pursuant to Article 11E does not have a .12% |
Transportation Fund tax rate, the amount of its claim in |
excess of 4/5 of the cost of transporting pupils shall be |
reduced by the sum arrived at by subtracting the |
Transportation Fund tax rate from .12% and multiplying that |
amount by the district's real equalized assessed valuation as |
computed under paragraph (3) of subsection (d) of Section |
18-8.15, provided that in no case shall said reduction result |
in reimbursement of less than 4/5 of the cost to transport |
|
eligible pupils. No such adjustment may be applied to a claim |
filed by a State-authorized charter school. |
Subject to the calculation of equalized assessed |
valuation, an adjustment for an insufficient tax rate, and the |
use of a qualifying rate as provided in this Section, a |
State-authorized charter school may make a claim for |
reimbursement by the State that is calculated in the same |
manner as a school district. |
The minimum amount to be received by a district is $16 |
times the number of eligible pupils transported. |
When calculating the reimbursement for transportation |
costs, the State Board of Education may not deduct the number |
of pupils enrolled in early education programs from the number |
of pupils eligible for reimbursement if the pupils enrolled in |
the early education programs are transported at the same time |
as other eligible pupils. |
Any such district transporting resident pupils during the |
school day to an area vocational school or another school |
district's vocational program more than 1 1/2 miles from the |
school attended, as provided in Sections 10-22.20a and |
10-22.22, shall be reimbursed by the State for 4/5 of the cost |
of transporting eligible pupils. |
School day means that period of time during which the |
pupil is required to be in attendance for instructional |
purposes. |
If a pupil is at a location within the school district |
|
other than his residence for child care purposes at the time |
for transportation to school, that location may be considered |
for purposes of determining the 1 1/2 miles from the school |
attended. |
Claims for reimbursement that include children who attend |
any school other than a public school shall show the number of |
such children transported. |
Claims for reimbursement under this Section shall not be |
paid for the transportation of pupils for whom transportation |
costs are claimed for payment under other Sections of this |
Act. |
The allowable direct cost of transporting pupils for |
regular, vocational, and special education pupil |
transportation shall be limited to the sum of the cost of |
physical examinations required for employment as a school bus |
driver; the salaries of full-time or part-time drivers and |
school bus maintenance personnel; employee benefits excluding |
Illinois municipal retirement payments, social security |
payments, unemployment insurance payments and workers' |
compensation insurance premiums; expenditures to independent |
carriers who operate school buses; payments to other school |
districts for pupil transportation services; pre-approved |
contractual expenditures for computerized bus scheduling; |
expenditures for housing assistance and homeless prevention |
under Sections 1-17 and 1-18 of the Education for Homeless |
Children Act that are not in excess of the school district's |
|
actual costs for providing transportation services and are not |
otherwise claimed in another State or federal grant that |
permits those costs to a parent, a legal guardian, any other |
person who enrolled a pupil, or a homeless assistance agency |
that is part of the federal McKinney-Vento Homeless Assistance |
Act's continuum of care for the area in which the district is |
located; the cost of gasoline, oil, tires, and other supplies |
necessary for the operation of school buses; the cost of |
converting buses' gasoline engines to more fuel efficient |
engines or to engines which use alternative energy sources; |
the cost of travel to meetings and workshops conducted by the |
regional superintendent or the State Superintendent of |
Education pursuant to the standards established by the |
Secretary of State under Section 6-106 of the Illinois Vehicle |
Code to improve the driving skills of school bus drivers; the |
cost of maintenance of school buses including parts and |
materials used; expenditures for leasing transportation |
vehicles, except interest and service charges; the cost of |
insurance and licenses for transportation vehicles; |
expenditures for the rental of transportation equipment; plus |
a depreciation allowance of 20% for 5 years for school buses |
and vehicles approved for transporting pupils to and from |
school and a depreciation allowance of 10% for 10 years for |
other transportation equipment so used. Each school year, if a |
school district has made expenditures to the Regional |
Transportation Authority or any of its service boards, a mass |
|
transit district, or an urban transportation district under an |
intergovernmental agreement with the district to provide for |
the transportation of pupils and if the public transit carrier |
received direct payment for services or passes from a school |
district within its service area during the 2000-2001 school |
year, then the allowable direct cost of transporting pupils |
for regular, vocational, and special education pupil |
transportation shall also include the expenditures that the |
district has made to the public transit carrier. In addition |
to the above allowable costs, school districts shall also |
claim all transportation supervisory salary costs, including |
Illinois municipal retirement payments, and all transportation |
related building and building maintenance costs without |
limitation. |
Special education allowable costs shall also include |
expenditures for the salaries of attendants or aides for that |
portion of the time they assist special education pupils while |
in transit and expenditures for parents and public carriers |
for transporting special education pupils when pre-approved by |
the State Superintendent of Education. |
Indirect costs shall be included in the reimbursement |
claim for districts which own and operate their own school |
buses. Such indirect costs shall include administrative costs, |
or any costs attributable to transporting pupils from their |
attendance centers to another school building for |
instructional purposes. No school district which owns and |
|
operates its own school buses may claim reimbursement for |
indirect costs which exceed 5% of the total allowable direct |
costs for pupil transportation. |
The State Board of Education shall prescribe uniform |
regulations for determining the above standards and shall |
prescribe forms of cost accounting and standards of |
determining reasonable depreciation. Such depreciation shall |
include the cost of equipping school buses with the safety |
features required by law or by the rules, regulations and |
standards promulgated by the State Board of Education, and the |
Department of Transportation for the safety and construction |
of school buses provided, however, any equipment cost |
reimbursed by the Department of Transportation for equipping |
school buses with such safety equipment shall be deducted from |
the allowable cost in the computation of reimbursement under |
this Section in the same percentage as the cost of the |
equipment is depreciated. |
On or before August 15, annually, the chief school |
administrator for the district shall certify to the State |
Superintendent of Education the district's claim for |
reimbursement for the school year ending on June 30 next |
preceding. The State Superintendent of Education shall check |
and approve the claims and prepare the vouchers showing the |
amounts due for district reimbursement claims. Each fiscal |
year, the State Superintendent of Education shall prepare and |
transmit the first 3 vouchers to the Comptroller on the 30th |
|
day of September, December and March, respectively, and the |
final voucher, no later than June 20. |
If the amount appropriated for transportation |
reimbursement is insufficient to fund total claims for any |
fiscal year, the State Board of Education shall reduce each |
school district's allowable costs and flat grant amount |
proportionately to make total adjusted claims equal the total |
amount appropriated. |
For purposes of calculating claims for reimbursement under |
this Section for any school year beginning July 1, 2016, the |
equalized assessed valuation for a school district or partial |
elementary unit district formed pursuant to Article 11E used |
to compute reimbursement shall be the real equalized assessed |
valuation as computed under paragraph (3) of subsection (d) of |
Section 18-8.15. |
All reimbursements received from the State shall be |
deposited into the district's transportation fund or into the |
fund from which the allowable expenditures were made. |
Notwithstanding any other provision of law, any school |
district receiving a payment under this Section or under |
Section 14-7.02, 14-7.02b, or 14-13.01 of this Code may |
classify all or a portion of the funds that it receives in a |
particular fiscal year or from State aid pursuant to Section |
18-8.15 of this Code as funds received in connection with any |
funding program for which it is entitled to receive funds from |
the State in that fiscal year (including, without limitation, |
|
any funding program referenced in this Section), regardless of |
the source or timing of the receipt. The district may not |
classify more funds as funds received in connection with the |
funding program than the district is entitled to receive in |
that fiscal year for that program. Any classification by a |
district must be made by a resolution of its board of |
education. The resolution must identify the amount of any |
payments or general State aid to be classified under this |
paragraph and must specify the funding program to which the |
funds are to be treated as received in connection therewith. |
This resolution is controlling as to the classification of |
funds referenced therein. A certified copy of the resolution |
must be sent to the State Superintendent of Education. The |
resolution shall still take effect even though a copy of the |
resolution has not been sent to the State Superintendent of |
Education in a timely manner. No classification under this |
paragraph by a district shall affect the total amount or |
timing of money the district is entitled to receive under this |
Code. No classification under this paragraph by a district |
shall in any way relieve the district from or affect any |
requirements that otherwise would apply with respect to that |
funding program, including any accounting of funds by source, |
reporting expenditures by original source and purpose, |
reporting requirements, or requirements of providing services. |
Any school district with a population of not more than |
500,000 must deposit all funds received under this Article |
|
into the transportation fund and use those funds for the |
provision of transportation services. |
(Source: P.A. 102-539, eff. 8-20-21; 102-813, eff. 5-13-22.) |
Section 3-35. The Early Childhood Access Consortium for |
Equity Act is amended by changing Sections 15, 20, 25, and 30 |
as follows: |
(110 ILCS 28/15) |
Sec. 15. Creation of Consortium; purpose; administrative |
support. |
(a) The Board of Higher Education and the Illinois |
Community College Board shall create and establish the Early |
Childhood Access Consortium for Equity. |
(b) The purpose of the Consortium is to serve the needs of |
the incumbent early childhood workforce and the employers of |
early childhood educators and to advance racial equity while |
meeting the needs of employers by streamlining, coordinating, |
and improving the accessibility of degree completion pathways |
for upskilling and the sustained expansion of educational |
pipelines at Illinois institutions of higher education. |
(c) The Board of Higher Education and the Illinois |
Community College Board shall convene the member institutions |
by July 1, 2021 or within 60 days after the effective date of |
this amendatory Act of the 102nd General Assembly. The Board |
of Higher Education and the Illinois Community College Board |
|
shall provide administrative support for the start up and |
operation of the Consortium until a permanent governance |
structure is developed and implemented. The Board of Higher |
Education and the Illinois Community College Board shall work |
with member institutions to establish geographic regional |
hubs, including public universities and the proximate |
community colleges responsible for serving each regional hub. |
(Source: P.A. 102-174, eff. 7-28-21.) |
(110 ILCS 28/20) |
Sec. 20. Membership; functions. |
(a) Membership in the Consortium shall include all public |
universities and community colleges in this State that offer |
early childhood programs. Membership by private, |
not-for-profit universities is optional and conditional on the |
acceptance of the terms adopted by the public members, the |
related administrative rules, and the provisions of this Act. |
For-profit institutions of higher education are not eligible |
for membership in the Consortium. Participating institutions |
must be accredited by the Higher Learning Commission and |
entitled to offer Gateways Credentials. |
(b) The members of the Consortium shall operate jointly |
and in cooperation through regional hubs to provide |
streamlined paths for students to attain associate degrees, |
bachelor's degrees, master's degrees, certificates, and |
Gateways Credentials and other licensure endorsements in early |
|
childhood education. The priority shall be to focus on the |
incumbent workforce, which includes working adults who require |
programs of study that offer flexibility in the times courses |
are offered, location, and format. The Consortium shall |
cooperate in all of the following: |
(1) Providing course offerings within each regional |
hub in online, hybrid, and in-person formats that are |
available to any student enrolled in a member institution |
in that hub for occasions in which a particular course is |
not available at the student's home institution. In this |
paragraph (1), "not available" may mean the course is not |
offered during a term, at a time, or in a format that works |
best for the student. Courses taken at any member |
institution shall be accepted toward the student's degree |
at any other member institution. Course offerings across |
institutions regional hubs may also be provided by an |
agreement between Consortium members. All course |
registration shall take place in consultation with a |
student's academic advisor. |
(2) Shared responsibilities through the Consortium and |
within and across the State regional hubs to expand access |
for students. |
(3) Transfers in accordance with Section 130-10 of the |
Transitions in Education Act. |
(4) The development of standardized methods for |
awarding credit for prior learning. |
|
(5) The support necessary for student access, |
persistence, and completion shall be provided by the home |
institution, unless otherwise provided by agreement |
between Consortium members. |
(6) Admissions, financial arrangements, registration, |
and advising services shall be functions of the home |
institution but shall be honored across the Consortium. |
(7) Member institutions working with their regional |
pre-kindergarten through 12th grade and early childhood |
employer partners to determine demand throughout the |
region. |
(8) Data-sharing agreements. |
(9) An agreement that students enrolled in associate |
degree programs are encouraged to complete the associate |
degree program prior to transferring to a bachelor's |
degree program. |
(10) Development of other shared agreements and terms |
necessary to implement the Consortium and its |
responsibilities. |
By January 31, 2022, the Consortium shall decide how to |
assign college credit for the incumbent workers who have a |
Child Development Associate (CDA) credential and for future |
workers obtaining a CDA. |
(c) The Consortium may facilitate or implement the |
following if deemed beneficial and feasible: |
(1) the creation of an open education resource |
|
library; |
(2) support and training for program coaches and |
cross-institutional navigators; and |
(3) support for the development, implementation, and |
participation in a statewide registry system through the |
Illinois Network of Child Care Resource and Referral |
Agencies (INCCRRA) to provide tracking and data |
capabilities for students across the system as they attain |
competency through coursework. |
(Source: P.A. 102-174, eff. 7-28-21.) |
(110 ILCS 28/25) |
Sec. 25. Advisory committee; membership. |
(a) The Board of Higher Education, the Illinois Community |
College Board, the State Board of Education, the Department of |
Human Services, and the Governor's Office of Early Childhood |
Development shall jointly convene a Consortium advisory |
committee to provide guidance on the operation of the |
Consortium. |
(b) Membership on the advisory committee shall be |
comprised of employers and experts appointed by the Board of |
Higher Education, the Illinois Community College Board, the |
Governor's Office of Early Childhood Development, and the |
State Board of Education. Membership shall also include all of |
the following members: |
(1) An employer from a community-based child care |
|
provider, appointed by the Governor's Office of Early |
Childhood Development. |
(2) An employer from a for-profit child care provider, |
appointed by the Governor's Office of Early Childhood |
Development. |
(3) An employer from a nonprofit child care provider, |
appointed by the Governor's Office of Early Childhood |
Development. |
(4) A provider of family child care, appointed by the |
Governor's Office of Early Childhood Development. |
(5) An employer located in southern Illinois, |
appointed by the Governor's Office of Early Childhood |
Development. |
(6) An employer located in central Illinois, appointed |
by the Governor's Office of Early Childhood Development. |
(7) At least one member who represents an urban school |
district, appointed by the State Board of Education. |
(8) At least one member who represents a suburban |
school district, appointed by the State Board of |
Education. |
(9) At least one member who represents a rural school |
district, appointed by the State Board of Education. |
(10) At least one member who represents a school |
district in a city with a population of 500,000 or more, |
appointed by the State Board of Education. |
(11) Two early childhood advocates with statewide |
|
expertise in early childhood workforce issues, appointed |
by the Governor's Office of Early Childhood Development. |
(12) The Chairperson or Vice-Chairperson and the |
Minority Spokesperson or a designee of the Senate |
Committee on Higher Education. |
(13) The Chairperson or Vice-Chairperson and the |
Minority Spokesperson or a designee of the House Committee |
on Higher Education. |
(14) One member representing the Illinois Community |
College Board, who shall serve as co-chairperson, |
appointed by the Illinois Community College Board. |
(15) One member representing the Board of Higher |
Education, who shall serve as co-chairperson, appointed by |
the Board of Higher Education. |
(16) One member representing the Illinois Student |
Assistance Commission, appointed by the Illinois Student |
Assistance Commission Board of Higher Education . |
(17) One member representing the State Board of |
Education, who shall serve as co-chairperson, appointed by |
the State Board of Education. |
(18) One member representing the Governor's Office of |
Early Childhood Development, who shall serve as |
co-chairperson, appointed by the Governor's Office of |
Early Childhood Development. |
(19) One member representing the Department of Human |
Services, who shall serve as co-chairperson, appointed by |
|
the Governor's Office of Early Childhood Development. |
(20) One member representing INCCRRA, appointed by the |
Governor's Office of Early Childhood Development. |
(21) One member representing the Department of |
Children and Family Services, appointed by the Governor's |
Office of Early Childhood Development. |
(22) One member representing an organization that |
advocates on behalf of community college trustees, |
appointed by the Illinois Community College Board. |
(23) One member of a union representing child care and |
early childhood providers, appointed by the Governor's |
Office of Early Childhood Development. |
(24) Two members of unions representing higher |
education faculty, appointed by the Board of Higher |
Education. |
(25) A representative from the College of Education of |
an urban public university, appointed by the Board of |
Higher Education. |
(26) A representative from the College of Education of |
a suburban public university, appointed by the Board of |
Higher Education. |
(27) A representative from the College of Education of |
a rural public university, appointed by the Board of |
Higher Education. |
(28) A representative from the College of Education of |
a private university, appointed by the Board of Higher |
|
Education. |
(29) A representative of an urban community college, |
appointed by the Illinois Community College Board. |
(30) A representative of a suburban community college, |
appointed by the Illinois Community College Board. |
(31) A representative of rural community college, |
appointed by the Illinois Community College Board. |
(c) The advisory committee shall meet at least twice a |
year quarterly . The committee meetings shall be open to the |
public in accordance with the provisions of the Open Meetings |
Act. |
(d) Except for the co-chairpersons of the advisory |
committee, the initial terms for advisory committee members |
after the effective date of this amendatory Act of the 103rd |
General Assembly shall be set by lottery at the first meeting |
after the effective date of this amendatory Act of the 103rd |
General Assembly as follows: |
(1) One-third of members shall serve a 1-year term. |
(2) One-third of members shall serve a 2-year term. |
(3) One-third of members shall serve a 3-year term. |
(e) The initial term of co-chairpersons of the advisory |
committee shall be for 3 years. |
(f) After the initial term, each subsequent term for the |
members of the advisory committee shall be for 3 years or until |
a successor is appointed. |
(g) The members of the advisory committee shall serve |
|
without compensation, but shall be entitled to reimbursement |
for all necessary expenses incurred in the performance of |
their official duties as members of the advisory committee |
from funds appropriated for that purpose. |
(Source: P.A. 102-174, eff. 7-28-21.) |
(110 ILCS 28/30) |
Sec. 30. Reporting. The Consortium shall report to the |
General Assembly, to the Senate and House Committees with |
oversight over higher education, to the Governor, and to the |
advisory committee on the progress made by the Consortium. A |
report must include, but is not limited to, all of the |
following information: |
(1) Student enrollment numbers by academic year for |
the fall and spring terms or semesters , retention rates, |
persistence , and completion in relevant associate, |
baccalaureate, and credential programs, including |
demographic data that is disaggregated by race, ethnicity, |
geography, higher education sector, and federal Pell Grant |
status, reported annually twice per year. Completion |
numbers and rates, employer type, and years worked shall |
be reported annually . |
(2) For students enrolled in early childhood programs, |
average assessed tuition, average Tuition rates charged |
and net price, number of students receiving student loans, |
and average loan amount prices paid, reported both as |
|
including and excluding student loans, by enrolled members |
of the incumbent workforce , reported annually. |
(3) Outreach plans to recruit and enroll incumbent |
workforce members, reported annually twice per year . |
(4) Participation of the incumbent workforce in |
outreach programs, which may include participation in an |
informational session, social media engagement, or other |
activities, reported annually twice per year . |
(5) Student academic and holistic support plans to |
help the enrolled incumbent workforce persist in their |
education, reported annually. |
(6) Evidence of engagement and responsiveness to the |
needs of employer partners, reported annually. |
(7) The Consortium budget including the use of federal |
funds, reported annually. |
(8) Member contributions, including financial, |
physical, or in-kind contributions, provided to the |
Consortium, reported annually. |
(9) Information on Early Childhood Access Consortium |
for Equity Scholarships awarded under the Higher Education |
Student Assistance Act, including demographic data that is |
disaggregated by race and ethnicity, federal Pell Grant |
eligibility status, geography, age, gender, and higher |
education sector, reported annually. Employer type and |
years worked, as provided by students via the scholarship |
application, reported annually. To the extent possible |
|
given available data and resources, information on |
scholarship recipients' subsequent employment in the early |
childhood care and education field in this State. |
(Source: P.A. 102-174, eff. 7-28-21.) |
Section 3-37. The Higher Education Student Assistance Act |
is amended by adding Section 65.125 as follows: |
(110 ILCS 947/65.125 new) |
Sec. 65.125. Early Childhood Access Consortium for Equity |
Scholarship Program. |
(a) As used in this Section, "incumbent workforce" has the |
meaning ascribed to that term in the Early Childhood Access |
Consortium for Equity Act. |
(b) Subject to appropriation, the Commission shall |
implement and administer an early childhood educator |
scholarship program, to be known as the Early Childhood Access |
Consortium for Equity Scholarship Program. Under the Program, |
the Commission shall annually award scholarships to early |
childhood education students enrolled in institutions of |
higher education participating in the Early Childhood Access |
Consortium for Equity under the Early Childhood Access |
Consortium for Equity Act with preference given to members of |
the incumbent workforce. |
(c) To ensure alignment with Consortium goals and changing |
workforce needs, the Commission shall work in partnership with |
|
the Board of Higher Education and the Illinois Community |
College Board in program design, and the Board of Higher |
Education and the Illinois Community College Board shall |
solicit feedback from the Consortium advisory committee |
established under Section 25 of the Early Childhood Access |
Consortium for Equity Act. |
(d) In awarding a scholarship under this Section, the |
Commission may give preference to applicants who received a |
scholarship under this Section during the prior academic year, |
to applicants with financial need, or both. |
(e) Prior to receiving scholarship assistance for any |
academic year, each recipient of a scholarship awarded under |
this Section shall be required by the Commission to sign an |
agreement under which the recipient pledges to continue or |
return to teaching or direct services in the early childhood |
care and education field in this State after they complete |
their program of study. |
(f) The Commission may adopt any rules necessary to |
implement and administer the Program. |
Section 3-45. The Illinois Horse Racing Act of 1975 is |
amended by changing Section 28.1 as follows: |
(230 ILCS 5/28.1) |
Sec. 28.1. Payments. |
(a) Beginning on January 1, 2000, moneys collected by the |
|
Department of Revenue and the Racing Board pursuant to Section |
26 or Section 27 of this Act shall be deposited into the Horse |
Racing Fund, which is hereby created as a special fund in the |
State Treasury. |
(b) Appropriations, as approved by the General Assembly, |
may be made from the Horse Racing Fund to the Board to pay the |
salaries of the Board members, secretary, stewards, directors |
of mutuels, veterinarians, representatives, accountants, |
clerks, stenographers, inspectors and other employees of the |
Board, and all expenses of the Board incident to the |
administration of this Act, including, but not limited to, all |
expenses and salaries incident to the taking of saliva and |
urine samples in accordance with the rules and regulations of |
the Board. |
(c) (Blank). |
(d) Beginning January 1, 2000, payments to all programs in |
existence on the effective date of this amendatory Act of 1999 |
that are identified in Sections 26(c), 26(f), 26(h)(11)(C), |
and 28, subsections (a), (b), (c), (d), (e), (f), (g), and (h) |
of Section 30, and subsections (a), (b), (c), (d), (e), (f), |
(g), and (h) of Section 31 shall be made from the General |
Revenue Fund at the funding levels determined by amounts paid |
under this Act in calendar year 1998. Beginning on the |
effective date of this amendatory Act of the 93rd General |
Assembly, payments to the Peoria Park District shall be made |
from the General Revenue Fund at the funding level determined |
|
by amounts paid to that park district for museum purposes |
under this Act in calendar year 1994. |
If an inter-track wagering location licensee's facility |
changes its location, then the payments associated with that |
facility under this subsection (d) for museum purposes shall |
be paid to the park district in the area where the facility |
relocates, and the payments shall be used for museum purposes. |
If the facility does not relocate to a park district, then the |
payments shall be paid to the taxing district that is |
responsible for park or museum expenditures. |
(e) Beginning July 1, 2006, the payment authorized under |
subsection (d) to museums and aquariums located in park |
districts of over 500,000 population shall be paid to museums, |
aquariums, and zoos in amounts determined by Museums in the |
Park, an association of museums, aquariums, and zoos located |
on Chicago Park District property. |
(f) Beginning July 1, 2007, the Children's Discovery |
Museum in Normal, Illinois shall receive payments from the |
General Revenue Fund at the funding level determined by the |
amounts paid to the Miller Park Zoo in Bloomington, Illinois |
under this Section in calendar year 2006. |
(g) On July 3, 2024 2023 , the Comptroller shall order |
transferred and the Treasurer shall transfer $3,200,000 |
$5,100,000 from the Horse Racing Fund to the Horse Racing |
Purse Equity Fund. |
(Source: P.A. 102-16, eff. 6-17-21; 103-8, eff. 7-1-23.) |
|
Section 3-50. The Illinois Public Aid Code is amended by |
changing Section 5-5.4 as follows: |
(305 ILCS 5/5-5.4) (from Ch. 23, par. 5-5.4) |
Sec. 5-5.4. Standards of payment; Department Payment - |
Department of Healthcare and Family Services. The Department |
of Healthcare and Family Services shall develop standards of |
payment of nursing facility and ICF/DD services in facilities |
providing such services under this Article which: |
(1) Provide for the determination of a facility's payment |
for nursing facility or ICF/DD services on a prospective |
basis. The amount of the payment rate for all nursing |
facilities certified by the Department of Public Health under |
the ID/DD Community Care Act or the Nursing Home Care Act as |
Intermediate Care for the Developmentally Disabled facilities, |
Long Term Care for Under Age 22 facilities, Skilled Nursing |
facilities, or Intermediate Care facilities under the medical |
assistance program shall be prospectively established annually |
on the basis of historical, financial, and statistical data |
reflecting actual costs from prior years, which shall be |
applied to the current rate year and updated for inflation, |
except that the capital cost element for newly constructed |
facilities shall be based upon projected budgets. The annually |
established payment rate shall take effect on July 1 in 1984 |
and subsequent years. No rate increase and no update for |
|
inflation shall be provided on or after July 1, 1994, unless |
specifically provided for in this Section. The changes made by |
Public Act 93-841 extending the duration of the prohibition |
against a rate increase or update for inflation are effective |
retroactive to July 1, 2004. |
For facilities licensed by the Department of Public Health |
under the Nursing Home Care Act as Intermediate Care for the |
Developmentally Disabled facilities or Long Term Care for |
Under Age 22 facilities, the rates taking effect on July 1, |
1998 shall include an increase of 3%. For facilities licensed |
by the Department of Public Health under the Nursing Home Care |
Act as Skilled Nursing facilities or Intermediate Care |
facilities, the rates taking effect on July 1, 1998 shall |
include an increase of 3% plus $1.10 per resident-day, as |
defined by the Department. For facilities licensed by the |
Department of Public Health under the Nursing Home Care Act as |
Intermediate Care Facilities for the Developmentally Disabled |
or Long Term Care for Under Age 22 facilities, the rates taking |
effect on January 1, 2006 shall include an increase of 3%. For |
facilities licensed by the Department of Public Health under |
the Nursing Home Care Act as Intermediate Care Facilities for |
the Developmentally Disabled or Long Term Care for Under Age |
22 facilities, the rates taking effect on January 1, 2009 |
shall include an increase sufficient to provide a $0.50 per |
hour wage increase for non-executive staff. For facilities |
licensed by the Department of Public Health under the ID/DD |
|
Community Care Act as ID/DD Facilities the rates taking effect |
within 30 days after July 6, 2017 (the effective date of Public |
Act 100-23) shall include an increase sufficient to provide a |
$0.75 per hour wage increase for non-executive staff. The |
Department shall adopt rules, including emergency rules under |
subsection (y) of Section 5-45 of the Illinois Administrative |
Procedure Act, to implement the provisions of this paragraph. |
For facilities licensed by the Department of Public Health |
under the ID/DD Community Care Act as ID/DD Facilities and |
under the MC/DD Act as MC/DD Facilities, the rates taking |
effect within 30 days after June 5, 2019 (the effective date of |
Public Act 101-10) shall include an increase sufficient to |
provide a $0.50 per hour wage increase for non-executive |
front-line personnel, including, but not limited to, direct |
support persons, aides, front-line supervisors, qualified |
intellectual disabilities professionals, nurses, and |
non-administrative support staff. The Department shall adopt |
rules, including emergency rules under subsection (bb) of |
Section 5-45 of the Illinois Administrative Procedure Act, to |
implement the provisions of this paragraph. |
For facilities licensed by the Department of Public Health |
under the Nursing Home Care Act as Intermediate Care for the |
Developmentally Disabled facilities or Long Term Care for |
Under Age 22 facilities, the rates taking effect on July 1, |
1999 shall include an increase of 1.6% plus $3.00 per |
resident-day, as defined by the Department. For facilities |
|
licensed by the Department of Public Health under the Nursing |
Home Care Act as Skilled Nursing facilities or Intermediate |
Care facilities, the rates taking effect on July 1, 1999 shall |
include an increase of 1.6% and, for services provided on or |
after October 1, 1999, shall be increased by $4.00 per |
resident-day, as defined by the Department. |
For facilities licensed by the Department of Public Health |
under the Nursing Home Care Act as Intermediate Care for the |
Developmentally Disabled facilities or Long Term Care for |
Under Age 22 facilities, the rates taking effect on July 1, |
2000 shall include an increase of 2.5% per resident-day, as |
defined by the Department. For facilities licensed by the |
Department of Public Health under the Nursing Home Care Act as |
Skilled Nursing facilities or Intermediate Care facilities, |
the rates taking effect on July 1, 2000 shall include an |
increase of 2.5% per resident-day, as defined by the |
Department. |
For facilities licensed by the Department of Public Health |
under the Nursing Home Care Act as skilled nursing facilities |
or intermediate care facilities, a new payment methodology |
must be implemented for the nursing component of the rate |
effective July 1, 2003. The Department of Public Aid (now |
Healthcare and Family Services) shall develop the new payment |
methodology using the Minimum Data Set (MDS) as the instrument |
to collect information concerning nursing home resident |
condition necessary to compute the rate. The Department shall |
|
develop the new payment methodology to meet the unique needs |
of Illinois nursing home residents while remaining subject to |
the appropriations provided by the General Assembly. A |
transition period from the payment methodology in effect on |
June 30, 2003 to the payment methodology in effect on July 1, |
2003 shall be provided for a period not exceeding 3 years and |
184 days after implementation of the new payment methodology |
as follows: |
(A) For a facility that would receive a lower nursing |
component rate per patient day under the new system than |
the facility received effective on the date immediately |
preceding the date that the Department implements the new |
payment methodology, the nursing component rate per |
patient day for the facility shall be held at the level in |
effect on the date immediately preceding the date that the |
Department implements the new payment methodology until a |
higher nursing component rate of reimbursement is achieved |
by that facility. |
(B) For a facility that would receive a higher nursing |
component rate per patient day under the payment |
methodology in effect on July 1, 2003 than the facility |
received effective on the date immediately preceding the |
date that the Department implements the new payment |
methodology, the nursing component rate per patient day |
for the facility shall be adjusted. |
(C) Notwithstanding paragraphs (A) and (B), the |
|
nursing component rate per patient day for the facility |
shall be adjusted subject to appropriations provided by |
the General Assembly. |
For facilities licensed by the Department of Public Health |
under the Nursing Home Care Act as Intermediate Care for the |
Developmentally Disabled facilities or Long Term Care for |
Under Age 22 facilities, the rates taking effect on March 1, |
2001 shall include a statewide increase of 7.85%, as defined |
by the Department. |
Notwithstanding any other provision of this Section, for |
facilities licensed by the Department of Public Health under |
the Nursing Home Care Act as skilled nursing facilities or |
intermediate care facilities, except facilities participating |
in the Department's demonstration program pursuant to the |
provisions of Title 77, Part 300, Subpart T of the Illinois |
Administrative Code, the numerator of the ratio used by the |
Department of Healthcare and Family Services to compute the |
rate payable under this Section using the Minimum Data Set |
(MDS) methodology shall incorporate the following annual |
amounts as the additional funds appropriated to the Department |
specifically to pay for rates based on the MDS nursing |
component methodology in excess of the funding in effect on |
December 31, 2006: |
(i) For rates taking effect January 1, 2007, |
$60,000,000. |
(ii) For rates taking effect January 1, 2008, |
|
$110,000,000. |
(iii) For rates taking effect January 1, 2009, |
$194,000,000. |
(iv) For rates taking effect April 1, 2011, or the |
first day of the month that begins at least 45 days after |
February 16, 2011 (the effective date of Public Act |
96-1530), $416,500,000 or an amount as may be necessary to |
complete the transition to the MDS methodology for the |
nursing component of the rate. Increased payments under |
this item (iv) are not due and payable, however, until (i) |
the methodologies described in this paragraph are approved |
by the federal government in an appropriate State Plan |
amendment and (ii) the assessment imposed by Section 5B-2 |
of this Code is determined to be a permissible tax under |
Title XIX of the Social Security Act. |
Notwithstanding any other provision of this Section, for |
facilities licensed by the Department of Public Health under |
the Nursing Home Care Act as skilled nursing facilities or |
intermediate care facilities, the support component of the |
rates taking effect on January 1, 2008 shall be computed using |
the most recent cost reports on file with the Department of |
Healthcare and Family Services no later than April 1, 2005, |
updated for inflation to January 1, 2006. |
For facilities licensed by the Department of Public Health |
under the Nursing Home Care Act as Intermediate Care for the |
Developmentally Disabled facilities or Long Term Care for |
|
Under Age 22 facilities, the rates taking effect on April 1, |
2002 shall include a statewide increase of 2.0%, as defined by |
the Department. This increase terminates on July 1, 2002; |
beginning July 1, 2002 these rates are reduced to the level of |
the rates in effect on March 31, 2002, as defined by the |
Department. |
For facilities licensed by the Department of Public Health |
under the Nursing Home Care Act as skilled nursing facilities |
or intermediate care facilities, the rates taking effect on |
July 1, 2001 shall be computed using the most recent cost |
reports on file with the Department of Public Aid no later than |
April 1, 2000, updated for inflation to January 1, 2001. For |
rates effective July 1, 2001 only, rates shall be the greater |
of the rate computed for July 1, 2001 or the rate effective on |
June 30, 2001. |
Notwithstanding any other provision of this Section, for |
facilities licensed by the Department of Public Health under |
the Nursing Home Care Act as skilled nursing facilities or |
intermediate care facilities, the Illinois Department shall |
determine by rule the rates taking effect on July 1, 2002, |
which shall be 5.9% less than the rates in effect on June 30, |
2002. |
Notwithstanding any other provision of this Section, for |
facilities licensed by the Department of Public Health under |
the Nursing Home Care Act as skilled nursing facilities or |
intermediate care facilities, if the payment methodologies |
|
required under Section 5A-12 and the waiver granted under 42 |
CFR 433.68 are approved by the United States Centers for |
Medicare and Medicaid Services, the rates taking effect on |
July 1, 2004 shall be 3.0% greater than the rates in effect on |
June 30, 2004. These rates shall take effect only upon |
approval and implementation of the payment methodologies |
required under Section 5A-12. |
Notwithstanding any other provisions of this Section, for |
facilities licensed by the Department of Public Health under |
the Nursing Home Care Act as skilled nursing facilities or |
intermediate care facilities, the rates taking effect on |
January 1, 2005 shall be 3% more than the rates in effect on |
December 31, 2004. |
Notwithstanding any other provision of this Section, for |
facilities licensed by the Department of Public Health under |
the Nursing Home Care Act as skilled nursing facilities or |
intermediate care facilities, effective January 1, 2009, the |
per diem support component of the rates effective on January |
1, 2008, computed using the most recent cost reports on file |
with the Department of Healthcare and Family Services no later |
than April 1, 2005, updated for inflation to January 1, 2006, |
shall be increased to the amount that would have been derived |
using standard Department of Healthcare and Family Services |
methods, procedures, and inflators. |
Notwithstanding any other provisions of this Section, for |
facilities licensed by the Department of Public Health under |
|
the Nursing Home Care Act as intermediate care facilities that |
are federally defined as Institutions for Mental Disease, or |
facilities licensed by the Department of Public Health under |
the Specialized Mental Health Rehabilitation Act of 2013, a |
socio-development component rate equal to 6.6% of the |
facility's nursing component rate as of January 1, 2006 shall |
be established and paid effective July 1, 2006. The |
socio-development component of the rate shall be increased by |
a factor of 2.53 on the first day of the month that begins at |
least 45 days after January 11, 2008 (the effective date of |
Public Act 95-707). As of August 1, 2008, the |
socio-development component rate shall be equal to 6.6% of the |
facility's nursing component rate as of January 1, 2006, |
multiplied by a factor of 3.53. For services provided on or |
after April 1, 2011, or the first day of the month that begins |
at least 45 days after February 16, 2011 (the effective date of |
Public Act 96-1530), whichever is later, the Illinois |
Department may by rule adjust these socio-development |
component rates, and may use different adjustment |
methodologies for those facilities participating, and those |
not participating, in the Illinois Department's demonstration |
program pursuant to the provisions of Title 77, Part 300, |
Subpart T of the Illinois Administrative Code, but in no case |
may such rates be diminished below those in effect on August 1, |
2008. |
For facilities licensed by the Department of Public Health |
|
under the Nursing Home Care Act as Intermediate Care for the |
Developmentally Disabled facilities or as long-term care |
facilities for residents under 22 years of age, the rates |
taking effect on July 1, 2003 shall include a statewide |
increase of 4%, as defined by the Department. |
For facilities licensed by the Department of Public Health |
under the Nursing Home Care Act as Intermediate Care for the |
Developmentally Disabled facilities or Long Term Care for |
Under Age 22 facilities, the rates taking effect on the first |
day of the month that begins at least 45 days after January 11, |
2008 (the effective date of Public Act 95-707) shall include a |
statewide increase of 2.5%, as defined by the Department. |
Notwithstanding any other provision of this Section, for |
facilities licensed by the Department of Public Health under |
the Nursing Home Care Act as skilled nursing facilities or |
intermediate care facilities, effective January 1, 2005, |
facility rates shall be increased by the difference between |
(i) a facility's per diem property, liability, and malpractice |
insurance costs as reported in the cost report filed with the |
Department of Public Aid and used to establish rates effective |
July 1, 2001 and (ii) those same costs as reported in the |
facility's 2002 cost report. These costs shall be passed |
through to the facility without caps or limitations, except |
for adjustments required under normal auditing procedures. |
Rates established effective each July 1 shall govern |
payment for services rendered throughout that fiscal year, |
|
except that rates established on July 1, 1996 shall be |
increased by 6.8% for services provided on or after January 1, |
1997. Such rates will be based upon the rates calculated for |
the year beginning July 1, 1990, and for subsequent years |
thereafter until June 30, 2001 shall be based on the facility |
cost reports for the facility fiscal year ending at any point |
in time during the previous calendar year, updated to the |
midpoint of the rate year. The cost report shall be on file |
with the Department no later than April 1 of the current rate |
year. Should the cost report not be on file by April 1, the |
Department shall base the rate on the latest cost report filed |
by each skilled care facility and intermediate care facility, |
updated to the midpoint of the current rate year. In |
determining rates for services rendered on and after July 1, |
1985, fixed time shall not be computed at less than zero. The |
Department shall not make any alterations of regulations which |
would reduce any component of the Medicaid rate to a level |
below what that component would have been utilizing in the |
rate effective on July 1, 1984. |
(2) Shall take into account the actual costs incurred by |
facilities in providing services for recipients of skilled |
nursing and intermediate care services under the medical |
assistance program. |
(3) Shall take into account the medical and psycho-social |
characteristics and needs of the patients. |
(4) Shall take into account the actual costs incurred by |
|
facilities in meeting licensing and certification standards |
imposed and prescribed by the State of Illinois, any of its |
political subdivisions or municipalities and by the U.S. |
Department of Health and Human Services pursuant to Title XIX |
of the Social Security Act. |
The Department of Healthcare and Family Services shall |
develop precise standards for payments to reimburse nursing |
facilities for any utilization of appropriate rehabilitative |
personnel for the provision of rehabilitative services which |
is authorized by federal regulations, including reimbursement |
for services provided by qualified therapists or qualified |
assistants, and which is in accordance with accepted |
professional practices. Reimbursement also may be made for |
utilization of other supportive personnel under appropriate |
supervision. |
The Department shall develop enhanced payments to offset |
the additional costs incurred by a facility serving |
exceptional need residents and shall allocate at least |
$4,000,000 of the funds collected from the assessment |
established by Section 5B-2 of this Code for such payments. |
For the purpose of this Section, "exceptional needs" means, |
but need not be limited to, ventilator care and traumatic |
brain injury care. The enhanced payments for exceptional need |
residents under this paragraph are not due and payable, |
however, until (i) the methodologies described in this |
paragraph are approved by the federal government in an |
|
appropriate State Plan amendment and (ii) the assessment |
imposed by Section 5B-2 of this Code is determined to be a |
permissible tax under Title XIX of the Social Security Act. |
Beginning January 1, 2014 the methodologies for |
reimbursement of nursing facility services as provided under |
this Section 5-5.4 shall no longer be applicable for services |
provided on or after January 1, 2014. |
No payment increase under this Section for the MDS |
methodology, exceptional care residents, or the |
socio-development component rate established by Public Act |
96-1530 of the 96th General Assembly and funded by the |
assessment imposed under Section 5B-2 of this Code shall be |
due and payable until after the Department notifies the |
long-term care providers, in writing, that the payment |
methodologies to long-term care providers required under this |
Section have been approved by the Centers for Medicare and |
Medicaid Services of the U.S. Department of Health and Human |
Services and the waivers under 42 CFR 433.68 for the |
assessment imposed by this Section, if necessary, have been |
granted by the Centers for Medicare and Medicaid Services of |
the U.S. Department of Health and Human Services. Upon |
notification to the Department of approval of the payment |
methodologies required under this Section and the waivers |
granted under 42 CFR 433.68, all increased payments otherwise |
due under this Section prior to the date of notification shall |
be due and payable within 90 days of the date federal approval |
|
is received. |
On and after July 1, 2012, the Department shall reduce any |
rate of reimbursement for services or other payments or alter |
any methodologies authorized by this Code to reduce any rate |
of reimbursement for services or other payments in accordance |
with Section 5-5e. |
For facilities licensed by the Department of Public Health |
under the ID/DD Community Care Act as ID/DD Facilities and |
under the MC/DD Act as MC/DD Facilities, subject to federal |
approval, the rates taking effect for services delivered on or |
after August 1, 2019 shall be increased by 3.5% over the rates |
in effect on June 30, 2019. The Department shall adopt rules, |
including emergency rules under subsection (ii) of Section |
5-45 of the Illinois Administrative Procedure Act, to |
implement the provisions of this Section, including wage |
increases for direct care staff. |
For facilities licensed by the Department of Public Health |
under the ID/DD Community Care Act as ID/DD Facilities and |
under the MC/DD Act as MC/DD Facilities, subject to federal |
approval, the rates taking effect on the latter of the |
approval date of the State Plan Amendment for these facilities |
or the Waiver Amendment for the home and community-based |
services settings shall include an increase sufficient to |
provide a $0.26 per hour wage increase to the base wage for |
non-executive staff. The Department shall adopt rules, |
including emergency rules as authorized by Section 5-45 of the |
|
Illinois Administrative Procedure Act, to implement the |
provisions of this Section, including wage increases for |
direct care staff. |
For facilities licensed by the Department of Public Health |
under the ID/DD Community Care Act as ID/DD Facilities and |
under the MC/DD Act as MC/DD Facilities, subject to federal |
approval of the State Plan Amendment and the Waiver Amendment |
for the home and community-based services settings, the rates |
taking effect for the services delivered on or after July 1, |
2020 shall include an increase sufficient to provide a $1.00 |
per hour wage increase for non-executive staff. For services |
delivered on or after January 1, 2021, subject to federal |
approval of the State Plan Amendment and the Waiver Amendment |
for the home and community-based services settings, shall |
include an increase sufficient to provide a $0.50 per hour |
increase for non-executive staff. The Department shall adopt |
rules, including emergency rules as authorized by Section 5-45 |
of the Illinois Administrative Procedure Act, to implement the |
provisions of this Section, including wage increases for |
direct care staff. |
For facilities licensed by the Department of Public Health |
under the ID/DD Community Care Act as ID/DD Facilities and |
under the MC/DD Act as MC/DD Facilities, subject to federal |
approval of the State Plan Amendment, the rates taking effect |
for the residential services delivered on or after July 1, |
2021, shall include an increase sufficient to provide a $0.50 |
|
per hour increase for aides in the rate methodology. For |
facilities licensed by the Department of Public Health under |
the ID/DD Community Care Act as ID/DD Facilities and under the |
MC/DD Act as MC/DD Facilities, subject to federal approval of |
the State Plan Amendment, the rates taking effect for the |
residential services delivered on or after January 1, 2022 |
shall include an increase sufficient to provide a $1.00 per |
hour increase for aides in the rate methodology. In addition, |
for residential services delivered on or after January 1, 2022 |
such rates shall include an increase sufficient to provide |
wages for all residential non-executive direct care staff, |
excluding aides, at the federal Department of Labor, Bureau of |
Labor Statistics' average wage as defined in rule by the |
Department. The Department shall adopt rules, including |
emergency rules as authorized by Section 5-45 of the Illinois |
Administrative Procedure Act, to implement the provisions of |
this Section. |
For facilities licensed by the Department of Public Health |
under the ID/DD Community Care Act as ID/DD facilities and |
under the MC/DD Act as MC/DD facilities, subject to federal |
approval of the State Plan Amendment, the rates taking effect |
for services delivered on or after January 1, 2023, shall |
include a $1.00 per hour wage increase for all direct support |
personnel and all other frontline personnel who are not |
subject to the Bureau of Labor Statistics' average wage |
increases, who work in residential and community day services |
|
settings, with at least $0.50 of those funds to be provided as |
a direct increase to all aide base wages, with the remaining |
$0.50 to be used flexibly for base wage increases to the rate |
methodology for aides. In addition, for residential services |
delivered on or after January 1, 2023 the rates shall include |
an increase sufficient to provide wages for all residential |
non-executive direct care staff, excluding aides, at the |
federal Department of Labor, Bureau of Labor Statistics' |
average wage as determined by the Department. Also, for |
services delivered on or after January 1, 2023, the rates will |
include adjustments to employment-related expenses as defined |
in rule by the Department. The Department shall adopt rules, |
including emergency rules as authorized by Section 5-45 of the |
Illinois Administrative Procedure Act, to implement the |
provisions of this Section. |
For facilities licensed by the Department of Public Health |
under the ID/DD Community Care Act as ID/DD facilities and |
under the MC/DD Act as MC/DD facilities, subject to federal |
approval of the State Plan Amendment, the rates taking effect |
for services delivered on or after January 1, 2024 shall |
include a $2.50 per hour wage increase for all direct support |
personnel and all other frontline personnel who are not |
subject to the Bureau of Labor Statistics' average wage |
increases and who work in residential and community day |
services settings. At least $1.25 of the per hour wage |
increase shall be provided as a direct increase to all aide |
|
base wages, and the remaining $1.25 of the per hour wage |
increase shall be used flexibly for base wage increases to the |
rate methodology for aides. In addition, for residential |
services delivered on or after January 1, 2024, the rates |
shall include an increase sufficient to provide wages for all |
residential non-executive direct care staff, excluding aides, |
at the federal Department of Labor, Bureau of Labor |
Statistics' average wage as determined by the Department. |
Also, for services delivered on or after January 1, 2024, the |
rates will include adjustments to employment-related expenses |
as defined in rule by the Department. The Department shall |
adopt rules, including emergency rules as authorized by |
Section 5-45 of the Illinois Administrative Procedure Act, to |
implement the provisions of this Section. |
For facilities licensed by the Department of Public Health |
under the ID/DD Community Care Act as ID/DD facilities and |
under the MC/DD Act as MC/DD facilities, subject to federal |
approval of a State Plan Amendment, the rates taking effect |
for services delivered on or after January 1, 2025 shall |
include a $1.00 per hour wage increase for all direct support |
personnel and all other frontline personnel who are not |
subject to the Bureau of Labor Statistics' average wage |
increases and who work in residential and community day |
services settings, with at least $0.75 of those funds to be |
provided as a direct increase to all aide base wages and the |
remaining $0.25 to be used flexibly for base wage increases to |
|
the rate methodology for aides. These increases shall not be |
used by facilities for operational and administrative |
expenses. In addition, for residential services delivered on |
or after January 1, 2025, the rates shall include an increase |
sufficient to provide wages for all residential non-executive |
direct care staff, excluding aides, at the federal Department |
of Labor, Bureau of Labor Statistics' average wage as |
determined by the Department. Also, for services delivered on |
or after January 1, 2025, the rates will include adjustments |
to employment-related expenses as defined in rule by the |
Department. The Department shall adopt rules, including |
emergency rules as authorized by Section 5-45 of the Illinois |
Administrative Procedure Act, to implement the provisions of |
this Section. |
Notwithstanding any other provision of this Section to the |
contrary, any regional wage adjuster for facilities located |
outside of the counties of Cook, DuPage, Kane, Lake, McHenry, |
and Will shall be no lower than 1.00, and any regional wage |
adjuster for facilities located within the counties of Cook, |
DuPage, Kane, Lake, McHenry, and Will shall be no lower than |
1.15. |
(Source: P.A. 102-16, eff. 6-17-21; 102-699, eff. 4-19-22; |
103-8, eff. 6-7-23.) |
Section 3-55. The Homelessness Prevention Act is amended |
by changing Section 12.5 as follows: |
|
(310 ILCS 70/12.5) |
Sec. 12.5. Administrative costs and case management |
expenses. On an annual basis, a grantee's administrative costs |
and case management expenses shall not exceed 20% 15% of the |
grant amount it receives under the Act. |
(Source: P.A. 101-280, eff. 1-1-20 .) |
Section 3-57. The Environmental Protection Act is amended |
by adding Section 9.20 as follows: |
(415 ILCS 5/9.20 new) |
Sec. 9.20. Fleet Electrification Incentive Program. |
(a) In this Section: |
"Eligible electric vehicle" means an electric truck or |
electric school bus categorized by the United States |
Environmental Protection Agency Emissions Classifications, |
using gross vehicle weight ratings, as a Class 2b, 3, 4, 5, 6, |
7, or 8 vehicle, with or without a properly ventilated, |
conventionally powered heater. |
"Eligible purchaser" means a person who the Agency |
determines: |
(1) is the purchaser of an eligible electric vehicle |
that is registered in this State or recognized under the |
International Registration Plan; |
(2) is domiciled in this State; |
|
(3) in the case of a purchaser who is the lessee of an |
eligible electric vehicle, is the lessee of the vehicle |
for a term of at least 60 months; and |
(4) has demonstrated, to the satisfaction of the |
Agency, that the eligible electric vehicle will operate |
within the State for at least 80% of its operational hours |
once purchased and delivered. |
"Equity investment eligible community" has the meaning |
given in the Energy Transition Act. |
"Program" means the Fleet Electrification Incentive |
Program established under this Section. |
"Purchaser" means a fleet owner, operator, or provider |
that will operate or manage the vehicle for a minimum of 5 |
years after receipt of the vehicle, whether through lease or |
direct purchase. |
(b) To promote the use of eligible electric vehicles and |
to increase access to federal funding programs, the Agency |
shall establish, by rule, a Fleet Electrification Incentive |
Program through which it provides eligible purchasers a grant |
of up to the following base amounts for the purchase of an |
eligible electric vehicle: |
(1) $7,500 for a Class 2b vehicle; |
(2) $45,000 for a Class 3 vehicle; |
(3) $60,000 for a Class 4 or Class 5 vehicle; |
(4) $85,000 for a Class 6 or Class 7 vehicle; and |
(5) $120,000 for a Class 8 vehicle. |
|
In addition, the Agency shall offer increased grant |
incentives of an additional 65% of the base amount for the |
purchase of a school bus that will serve a public school |
district. |
(c) The Agency shall award grants under the Program to |
eligible purchasers on a competitive basis according to the |
availability of funding. The Agency shall use a points-based |
quantitative evaluation to be determined by the Agency by |
rule. |
The Agency shall award additional points to an application |
from an eligible purchaser whose eligible electric vehicles |
are to be domiciled in an equity investment eligible |
community. |
The Agency shall also award additional points to an |
eligible purchaser who has negotiated and entered into a |
collective bargaining agreement at the time of application for |
the grant. |
(d) A grant provided under the Program is limited to a |
maximum award of 80% of the purchase price per eligible |
electric vehicle. Multiple eligible electric vehicles may be |
included in each grant under the Program. An eligible |
purchaser may be awarded multiple grants under the Program; |
however, the Agency shall have the authority to implement, by |
rule, a limit on the number of grants awarded to each |
purchaser. |
(e) An eligible purchaser shall enter into a grant |
|
agreement with the Agency upon notification from the Agency |
that the eligible purchaser's application has been approved. |
Grants under this Section shall be provided by the Agency with |
the submittal of a paid invoice for reimbursement. An eligible |
purchaser participating in the Program shall retain ownership |
of the eligible electric vehicle and meet all applicable |
project requirements for a minimum 5-year period after the |
date the eligible purchaser receives the vehicle. Resale of an |
eligible electric vehicle may be allowed within the 5-year |
period if necessitated by unforeseen or unavoidable |
circumstances with approval from the Agency. The Agency shall |
ensure the resale of an eligible electric vehicle serving a |
public school or located within an equity investment eligible |
community shall result in the vehicle servicing a similarly |
situated community. |
(f) The deployment of the eligible electric vehicle in the |
purchaser's fleet is required within 24 months after receipt |
of notice of approval of the purchaser's Program application. |
Total completion of the project for which the eligible |
electric vehicle is purchased or leased must occur within 36 |
months after receipt of grant funds under the Program. |
(g) A grant under this Section may be combined with other |
public incentives to support fleet purchasing decisions. |
Receipt of any other public incentive for an eligible electric |
vehicle shall not preclude a purchaser from being awarded a |
grant under this Section. However, the combined total of |
|
governmental incentives, including, but not limited to, tax |
credits, grants, or vouchers, shall not exceed 80% of the |
purchase price of the vehicle. |
(h) The Agency shall set aside 20% of the appropriated |
funds under the Program for grants to the eligible purchaser |
of an electric school bus. |
(i) All awards granted under this Section are subject to |
appropriation by the General Assembly. |
Section 3-60. The Open Space Lands Acquisition and |
Development Act is amended by adding Section 11.1 as follows: |
(525 ILCS 35/11.1 new) |
Sec. 11.1. Distressed Local Government Report. No later |
than March 31, 2025, the Department shall prepare and submit a |
report to the General Assembly evaluating distressed local |
governments that received grants under this Act in Fiscal |
Years 2023, 2024, and 2025. The report shall include the |
following, at a minimum: |
(1) a list of the local governments that applied for |
grants in each fiscal year; |
(2) a list of the local governments awarded grants and |
the amount awarded; |
(3) each grant recipient's total budget; |
(4) each grant recipient's population; |
(5) a description of whether the grant recipient |
|
previously received a grant under this Act and, if so, the |
number of times and whether the local government provided |
a 50/50 or 90/10 match; |
(6) a description of whether the project was in a |
location designated as a disadvantaged community on the |
Climate and Economic Justice Screening Tool created by the |
Chair of the Council on Environmental Quality under |
subsection (a) of Section 222 of Presidential Executive |
Order 14008 "Tackling the Climate Crisis at Home and |
Abroad"; and |
(7) a description of the Department's criteria for |
waiving the matching criteria for distressed local |
government grant recipients in fiscal year 2025 that |
demonstrated their inability to provide any local match. |
Article 5. |
Section 5-5. The Illinois Act on the Aging is amended by |
adding Section 4.01b as follows: |
(20 ILCS 105/4.01b new) |
Sec. 4.01b. Indirect cost funds. The Department has the |
authority to apply for, accept, receive, expend, and |
administer on behalf of the State any indirect cost |
reimbursements, funds, or anything else of value made |
available to the Department from any source for assistance |
|
with programmatic activities or administrative costs related |
to the Department's programs. Any federal indirect cost |
reimbursements received by the Department pursuant to this |
Section shall be deposited into the Department on Aging |
Federal Indirect Cost Fund, and such moneys shall be expended, |
subject to appropriation, only for authorized purposes. |
Section 5-10. The Department of Commerce and Economic |
Opportunity Law of the Civil Administrative Code of Illinois |
is amended by changing Sections 605-55, 605-420, and 605-515 |
and by adding Section 605-60 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 Rebuild Illinois |
Projects 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. 102-699, eff. 4-19-22.) |
(20 ILCS 605/605-60 new) |
Sec. 605-60. DCEO Projects Fund. The DCEO Projects Fund is |
created as a trust fund in the State treasury. The Department |
is authorized to accept and deposit into the Fund moneys |
received from any gifts, grants, transfers, or other sources, |
public or private, unless deposit into a different fund is |
otherwise mandated. Subject to appropriation, the Department |
shall use moneys in the Fund to make grants or loans to and |
enter into contracts with units of local government, local and |
regional economic development corporations, and not-for-profit |
organizations for municipal development projects, for the |
specific purposes established by the terms and conditions of |
the gift, grant, or award, and for related administrative |
expenses. As used in this Section, the term "municipal |
development projects" includes, but is not limited to, grants |
for reducing food insecurity in urban and rural areas. |
(20 ILCS 605/605-420) (was 20 ILCS 605/46.75) |
Sec. 605-420. Workforce, Technology, and Economic |
Development Fund. |
(a) The Department may accept gifts, grants, awards, |
matching contributions, interest income, appropriations, and |
cost sharings from individuals, businesses, governments, and |
|
other third-party sources, on terms that the Director deems |
advisable, for any or all of the following purposes: |
(1) (Blank); |
(2) to assist economically disadvantaged and other |
youth to make a successful transition from school to work; |
(3) to assist other individuals targeted for services |
through education, training, and workforce development |
programs to obtain employment-related skills and obtain |
employment; |
(4) to identify, develop, commercialize, or promote |
technology within the State; and |
(5) to promote economic development within the State. |
(b) The Workforce, Technology, and Economic Development |
Fund is created as a special fund in the State Treasury. All On |
September 1, 2000, or as soon thereafter as may be reasonably |
practicable, the State Comptroller shall transfer from the |
Fund into the Title III Social Security and Employment Fund |
all moneys that were received for the purposes of Section |
403(a)(5) of the federal Social Security Act and remain |
unobligated on that date. Beginning on the effective date of |
this amendatory Act of the 92nd General Assembly, all moneys |
received under this Section for the purposes of Section |
403(a)(5) of the federal Social Security Act, except moneys |
that may be necessary to pay liabilities outstanding as of |
June 30, 2000, shall be deposited into the Title III Social |
Security and Employment Fund, and all other moneys received |
|
under this Section shall be deposited into the Workforce, |
Technology, and Economic Development Fund. |
Moneys received under this Section are subject to |
appropriation by the General Assembly may be expended for |
purposes consistent with the conditions under which those |
moneys were are received, including, but not limited to, the |
making of grants and any other purpose authorized by law |
subject to appropriations made by the General Assembly for |
those purposes . |
(Source: P.A. 91-34, eff. 7-1-99; 91-704, eff. 7-1-00; 92-298, |
eff. 8-9-01.) |
(20 ILCS 605/605-515) (was 20 ILCS 605/46.13a) |
Sec. 605-515. Environmental Regulatory Assistance Program. |
(a) In this Section, except where the context clearly |
requires otherwise, "small business stationary source" means a |
business that is owned or operated by a person that employs 100 |
or fewer individuals; is a small business; is not a major |
stationary source as defined in Titles I and III of the federal |
1990 Clean Air Act Amendments; does not emit 50 tons or more |
per year of any regulated pollutant (as defined under the |
federal Clean Air Act); and emits less than 75 tons per year of |
all regulated pollutants. |
(b) The Department may: |
(1) Provide access to technical and compliance |
information for Illinois firms, including small and middle |
|
market companies, to facilitate local business compliance |
with the federal, State, and local environmental |
regulations. |
(2) Coordinate and enter into cooperative agreements |
with a State ombudsman office, which shall be established |
in accordance with the federal 1990 Clean Air Act |
Amendments to provide direct oversight to the program |
established under that Act. |
(3) Enter into contracts, cooperative agreements, and |
financing agreements and establish and collect charges and |
fees necessary or incidental to the performance of duties |
and the execution of powers under this Section. |
(4) Accept and expend, subject to appropriation, |
gifts, grants, awards, funds, contributions, charges, |
fees, and other financial or nonfinancial aid from |
federal, State, and local governmental agencies, |
businesses, educational agencies, not-for-profit |
organizations, and other entities, for the purposes of |
this Section. |
(5) Establish, staff, and administer programs and |
services and adopt such rules and regulations necessary to |
carry out the intent of this Section and Section 507, |
"Small Business Stationary Source Technical and |
Environmental Compliance Assistance Program", of the |
federal 1990 Clean Air Act Amendments. |
(c) The Department's environmental compliance programs and |
|
services for businesses may include, but need not be limited |
to, the following: |
(1) Communication and outreach services to or on |
behalf of individual companies, including collection and |
compilation of appropriate information on regulatory |
compliance issues and control technologies, and |
dissemination of that information through publications, |
direct mailings, electronic communications, conferences, |
workshops, one-on-one counseling, and other means of |
technical assistance. |
(2) Provision of referrals and access to technical |
assistance, pollution prevention and facility audits, and |
otherwise serving as an information clearinghouse on |
pollution prevention through the coordination of the |
Illinois Sustainable Technology Center of the University |
of Illinois. In addition, environmental and regulatory |
compliance issues and techniques, which may include |
business rights and responsibilities, applicable |
permitting and compliance requirements, compliance methods |
and acceptable control technologies, release detection, |
and other applicable information may be provided. |
(3) Coordination with and provision of administrative |
and logistical support to the State Compliance Advisory |
Panel. |
(d) There is hereby created a special fund in the State |
Treasury to be known as the Small Business Environmental |
|
Assistance Fund. Monies received under subdivision (b)(4) of |
this Section shall be deposited into the Fund. |
Monies in the Small Business Environmental Assistance Fund |
may be used, subject to appropriation, only for the purposes |
authorized by this Section. |
(e) Subject to appropriation, the Department may use |
moneys from the Clean Air Act Permit Fund for the purposes |
authorized by this Section. |
(Source: P.A. 98-346, eff. 8-14-13.) |
Section 5-15. The Renewable Energy, Energy Efficiency, and |
Coal Resources Development Law of 1997 is amended by changing |
Section 6-6 as follows: |
(20 ILCS 687/6-6) |
(Section scheduled to be repealed on December 31, 2025) |
Sec. 6-6. Energy efficiency program. |
(a) For the year beginning January 1, 1998, and thereafter |
as provided in this Section, each electric utility as defined |
in Section 3-105 of the Public Utilities Act and each |
alternative retail electric supplier as defined in Section |
16-102 of the Public Utilities Act supplying electric power |
and energy to retail customers located in the State of |
Illinois shall contribute annually a pro rata share of a total |
amount of $3,000,000 based upon the number of kilowatt-hours |
sold by each such entity in the 12 months preceding the year of |
|
contribution. On or before May 1 of each year, the Illinois |
Commerce Commission shall determine and notify the Agency of |
the pro rata share owed by each electric utility and each |
alternative retail electric supplier based upon information |
supplied annually to the Illinois Commerce Commission. On or |
before June 1 of each year, the Agency shall send written |
notification to each electric utility and each alternative |
retail electric supplier of the amount of pro rata share they |
owe. These contributions shall be remitted to the Illinois |
Environmental Protection Agency on or before June 30 of each |
year the contribution is due on a return prescribed and |
furnished by the Illinois Environmental Protection Agency |
showing such information as the Illinois Environmental |
Protection Agency may reasonably require. The funds received |
pursuant to this Section shall be subject to the appropriation |
of funds by the General Assembly. The Illinois Environmental |
Protection Agency shall place the funds remitted under this |
Section in a trust fund, that is hereby created in the State |
Treasury, called the Energy Efficiency Trust Fund. If an |
electric utility or alternative retail electric supplier does |
not remit its pro rata share to the Illinois Environmental |
Protection Agency, the Illinois Environmental Protection |
Agency must inform the Illinois Commerce Commission of such |
failure. The Illinois Commerce Commission may then revoke the |
certification of that electric utility or alternative retail |
electric supplier. The Illinois Commerce Commission may not |
|
renew the certification of any electric utility or alternative |
retail electric supplier that is delinquent in paying its pro |
rata share. These changes made to this subsection (a) by |
Public Act 103-363 this amendatory Act of the 103rd General |
Assembly apply beginning July 1, 2023. |
(b) The Agency shall disburse the moneys in the Energy |
Efficiency Trust Fund to benefit residential electric |
customers through projects which the Agency has determined |
will promote energy efficiency in the State of Illinois and to |
pay the associated operational expenses of the Agency in |
administering the grant program . The Agency Department of |
Commerce and Economic Opportunity shall establish a list of |
projects eligible for grants from the Energy Efficiency Trust |
Fund including, but not limited to, supporting energy |
efficiency efforts for low-income households, replacing energy |
inefficient windows with more efficient windows, replacing |
energy inefficient appliances with more efficient appliances, |
replacing energy inefficient lighting with more efficient |
lighting, insulating dwellings and buildings, using market |
incentives to encourage energy efficiency, and such other |
projects which will increase energy efficiency in homes and |
rental properties. |
(c) The Agency may, by administrative rule, establish |
criteria and an application process for this grant program. |
(d) (Blank). |
(e) (Blank). |
|
(Source: P.A. 102-444, eff. 8-20-21; 103-363, eff. 7-28-23.) |
Section 5-17. The Department of Natural Resources |
(Conservation) Law of the Civil Administrative Code of |
Illinois is amended by changing Section 805-305 as follows: |
(20 ILCS 805/805-305) (was 20 ILCS 805/63a23) |
Sec. 805-305. Campsites and housing facilities. |
(a) The Department has the power to provide facilities for |
overnight tent and trailer campsites and to provide suitable |
housing facilities for student and juvenile overnight camping |
groups. The Department of Natural Resources may regulate, by |
administrative order, the fees to be charged for tent and |
trailer camping units at individual park areas based upon the |
facilities available. |
(b) However, for campsites with access to showers or |
electricity, any Illinois resident who is age 62 or older or |
has a Class 2 disability as defined in Section 4A of the |
Illinois Identification Card Act shall be charged only |
one-half of the camping fee charged to the general public |
during the period Monday through Thursday of any week and |
shall be charged the same camping fee as the general public on |
all other days. For campsites without access to showers or |
electricity, no camping fee authorized by this Section shall |
be charged to any resident of Illinois who has a Class 2 |
disability as defined in Section 4A of the Illinois |
|
Identification Card Act. For campsites without access to |
showers or electricity, no camping fee authorized by this |
Section shall be charged to any resident of Illinois who is age |
62 or older for the use of a campsite unit during the period |
Monday through Thursday of any week. No camping fee authorized |
by this Section shall be charged to any resident of Illinois |
who is a veteran with a disability or a former prisoner of war, |
as defined in Section 5 of the Department of Veterans' Affairs |
Act. No camping fee authorized by this Section shall be |
charged to any resident of Illinois after returning from |
service abroad or mobilization by the President of the United |
States as an active duty member of the United States Armed |
Forces, the Illinois National Guard, or the Reserves of the |
United States Armed Forces for the amount of time that the |
active duty member spent in service abroad or mobilized if the |
person applies for a pass with the Department within 2 years |
after returning and provides acceptable verification of |
service or mobilization to the Department. Any portion of a |
year that the active duty member spent in service abroad or |
mobilized shall count as a full year. The procedure by which a |
person may provide to the Department verification of service |
abroad or mobilization by the President of the United States |
shall be set by administrative rule. Nonresidents shall be |
charged the same fees as are authorized for the general public |
regardless of age. The Department shall provide by regulation |
for suitable proof of age, or either a valid driver's license |
|
or a "Golden Age Passport" issued by the federal government |
shall be acceptable as proof of age. The Department shall |
further provide by regulation that notice of these reduced |
admission fees be posted in a conspicuous place and manner. |
Reduced fees authorized in this Section shall not apply to |
any charge for utility service. |
For the purposes of this Section, "acceptable verification |
of service or mobilization" means official documentation from |
the Department of Defense or the appropriate Major Command |
showing mobilization dates or service abroad dates, including: |
(i) a DD-214, (ii) a letter from the Illinois Department of |
Military Affairs for members of the Illinois National Guard, |
(iii) a letter from the Regional Reserve Command for members |
of the Armed Forces Reserve, (iv) a letter from the Major |
Command covering Illinois for active duty members, (v) |
personnel records for mobilized State employees, and (vi) any |
other documentation that the Department, by administrative |
rule, deems acceptable to establish dates of mobilization or |
service abroad. |
For the purposes of this Section, the term "service |
abroad" means active duty service outside of the 50 United |
States and the District of Columbia, and includes all active |
duty service in territories and possessions of the United |
States. |
(c) To promote State campground use and Illinois State |
Fair attendance, the Department shall waive the camping fees |
|
for up to 2 nights of camping at Jim Edgar Panther Creek State |
Fish and Wildlife Area, Sangchris Lake State Park, or |
Lincoln's New Salem State Historic Site during the period from |
August 11, 2024 to August 15, 2024 for a camper who: |
(1) is 18 years of age or older; |
(2) provides proof of having purchased, between June |
26, 2024 and July 3, 2024, a season admission ticket |
booklet from the Department of Agriculture for entry into |
the 2024 Illinois State Fair in Springfield; and |
(3) requests the camping fee waiver in person at the |
time of permit issuance at the State campground. |
The waivers under this subsection (c) shall be granted on |
a first-come, first-served basis for a maximum of 40 sites at |
each of the 3 identified State campgrounds. Fees for utility |
service are not subject to waiver. Waivers under this |
subsection (c) are limited to one per camper. |
(Source: P.A. 102-780, eff. 5-13-22.) |
Section 5-18. The Department of Innovation and Technology |
Act is amended by changing Section 1-5 as follows: |
(20 ILCS 1370/1-5) |
Sec. 1-5. Definitions. In this Act: |
"Client agency" means each transferring agency, or its |
successor, and any other public agency to which the Department |
provides service to the extent specified in an interagency |
|
agreement with the public agency. |
"Dedicated unit" means the dedicated bureau, division, |
office, or other unit within a transferring agency that is |
responsible for the information technology functions of the |
transferring agency. |
"Department" means the Department of Innovation and |
Technology. |
"Information technology" means technology, |
infrastructure, equipment, systems, software, networks, and |
processes used to create, send, receive, and store electronic |
or digital information, including, without limitation, |
computer systems and telecommunication services and systems. |
"Information technology" shall be construed broadly to |
incorporate future technologies that change or supplant those |
in effect as of the effective date of this Act. |
"Information technology functions" means the development, |
procurement, installation, retention, maintenance, operation, |
possession, storage, and related functions of all information |
technology. |
"Secretary" means the Secretary of Innovation and |
Technology. |
"State agency" means each State agency, department, board, |
and commission under the jurisdiction of the Governor. |
"Transferring agency" means the Department on Aging; the |
Departments of Agriculture, Central Management Services, |
Children and Family Services, Commerce and Economic |
|
Opportunity, Corrections, Employment Security, Financial and |
Professional Regulation, Healthcare and Family Services, Human |
Rights, Human Services, Insurance, Juvenile Justice, Labor, |
Lottery, Military Affairs, Natural Resources, Public Health, |
Revenue, Transportation, and Veterans' Affairs; the Illinois |
State Police; the Capital Development Board; the Deaf and Hard |
of Hearing Commission; the Environmental Protection Agency; |
the Governor's Office of Management and Budget; the |
Guardianship and Advocacy Commission; the Abraham Lincoln |
Presidential Library and Museum; the Illinois Arts Council; |
the Illinois Council on Developmental Disabilities; the |
Illinois Emergency Management Agency; the Illinois Gaming |
Board; the Illinois Liquor Control Commission; the Office of |
the State Fire Marshal; and the Prisoner Review Board ; and the |
Department of Early Childhood . |
(Source: P.A. 102-376, eff. 1-1-22; 102-538, eff. 8-20-21; |
102-813, eff. 5-13-22; 102-870, eff. 1-1-23 .) |
Section 5-20. The Illinois Lottery Law is amended by |
changing Section 21.16 as follows: |
(20 ILCS 1605/21.16) |
Sec. 21.16. Illinois DREAM scratch-off. |
(a) The Department shall offer a special Illinois DREAM |
instant scratch-off game for the benefit of the Illinois DREAM |
Fund Commission. The new revenue from the Illinois DREAM |
|
scratch-off game shall be deposited into the Illinois DREAM |
Fund, a special fund that is created in the State treasury. |
Subject to appropriation to the Illinois Student Assistance |
Commission , money in the Illinois DREAM Fund shall be used to |
assist in funding scholarships and other statutory |
responsibilities of the Illinois DREAM Fund Commission. The |
game shall commence on January 1, 2024 or as soon thereafter as |
is reasonably practical. The Department shall consult with the |
Illinois DREAM Fund Commission established under Section 67 of |
the Higher Education Student Assistance Act regarding the |
design and promotion of the game. |
(b) The operation of any games under this Section shall be |
governed by this Act, and any rules shall be adopted by the |
Department. |
(c) For purposes of this Section, "net revenue" means the |
total amount for which tickets have been sold less the sum of |
the amount paid out in prizes and the actual administrative |
expenses of the Department solely related to the Illinois |
DREAM scratch-off game. |
(d) During the time that tickets are sold for the Illinois |
DREAM scratch-off game, the Department shall not unreasonably |
diminish the efforts devoted to marketing any other instant |
scratch-off lottery game. |
(e) The Department may adopt any rules necessary to |
implement and administer this Section in consultation with the |
Illinois DREAM Fund Commission. |
|
(Source: P.A. 103-381, eff. 7-28-23.) |
Section 5-25. The Illinois Emergency Management Agency Act |
is amended by changing Section 17.8 as follows: |
(20 ILCS 3305/17.8) |
Sec. 17.8. IEMA State Projects Fund. The IEMA State |
Projects Fund is created as a trust fund in the State treasury. |
The Fund shall consist of any moneys appropriated to the |
Agency for purposes of the Illinois' Not-For-Profit Security |
Grant Program, a grant program authorized by subsection (g-5) |
of Section 5 of this Act, to provide funding support for target |
hardening activities and other physical security enhancements |
for qualifying not-for-profit organizations that are at high |
risk of terrorist attack. The Agency is authorized to use |
moneys appropriated from the Fund to make grants to |
not-for-profit organizations for target hardening activities, |
security personnel, and physical security enhancements and for |
the payment of administrative expenses associated with the |
Not-For-Profit Security Grant Program , except that, beginning |
July 1, 2024, the Agency shall not award grants under this |
Section to those entities whose primary purpose is to provide |
medical or mental health services . As used in this Section, |
"target hardening activities" include, but are not limited to, |
the purchase and installation of security equipment on real |
property owned or leased by the not-for-profit organization. |
|
Grants, gifts, and moneys from any other source, public or |
private, may also be deposited into the Fund and used for the |
purposes authorized by this Act. |
(Source: P.A. 103-8, eff. 6-7-23.) |
Section 5-30. The State Finance Act is amended by changing |
Sections 5.1015, 6z-27, 6z-32, 6z-47, 6z-70, 6z-111, 8.3, |
8.12, 8g-1, 12-2, and 13.2 and by adding Sections 5e-2 and |
6z-140 as follows: |
(30 ILCS 105/5.1015 new) |
Sec. 5.1015. The Professions Licensure Fund. |
(30 ILCS 105/5e-2 new) |
Sec. 5e-2. Transfers from Road Fund. In addition to any |
other transfers that may be provided for by law, on July 1, |
2024, or as soon thereafter as practical, the State |
Comptroller shall direct and the State Treasurer shall |
transfer the sum of $20,000,000 from the Road Fund to the |
Federal/State/Local Airport Fund to be used for purposes |
consistent with Section 11 of Article IX of the Illinois |
Constitution. This Section is repealed on January 1, 2026. |
(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 Illinois State Auditing Act. |
Within 30 days after July 1, 2024 2023 , or as soon |
thereafter as practical, 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 ..................$22,470 |
Aggregate Operations Regulatory Fund .....................$605 |
Agricultural Premium Fund .............................$21,002 |
Attorney General's State Projects and |
Court Ordered Distribution Fund ...................$36,873 |
Anna Veterans Home Fund ................................$1,205 |
Appraisal Administration Fund ..........................$2,670 |
Attorney General Whistleblower Reward |
and Protection Fund ..................................$938 |
Bank and Trust Company Fund ...........................$82,945 |
Brownfields Redevelopment Fund .........................$1,893 |
Cannabis Business Development Fund ....................$15,750 |
Cannabis Expungement Fund ..............................$2,511 |
Capital Development Board Revolving Fund ...............$4,668 |
Care Provider Fund for Persons with |
a Developmental Disability .........................$6,794 |
CDLIS/AAMVAnet/NMVTIS Trust Fund .......................$1,679 |
Cemetery Oversight Licensing and Disciplinary Fund .....$6,187 |
|
Chicago State University Education Improvement Fund ...$16,893 |
Chicago Travel Industry Promotion Fund .................$9,146 |
Child Support Administrative Fund ......................$2,669 |
Clean Air Act Permit Fund .............................$11,283 |
Coal Technology Development Assistance Fund ...........$22,087 |
Community Association Manager |
Licensing and Disciplinary Fund ....................$1,178 |
Commitment to Human Services Fund ...................$259,050 |
Common School Fund ..................................$385,362 |
Community Mental Health Medicaid Trust Fund ............$6,972 |
Community Water Supply Laboratory Fund ...................$835 |
Credit Union Fund .....................................$21,944 |
Cycle Rider Safety Training Fund .........................$704 |
DCFS Children's Services Fund ........................$164,036 |
Department of Business Services Special Operations Fund .$4,564 |
Department of Corrections Reimbursement |
and Education Fund ................................$23,892 |
Design Professionals Administration |
and Investigation Fund .............................$3,892 |
Department of Human Services Community Services Fund ...$6,314 |
Downstate Public Transportation Fund ..................$40,428 |
Drivers Education Fund ...................................$904 |
Drug Rebate Fund ......................................$40,707 |
Drug Treatment Fund ......................................$810 |
Drycleaner Environmental Response Trust Fund ...........$1,555 |
Education Assistance Fund ..........................$2,347,928 |
|
Electric Vehicle Rebate Fund ..........................$24,101 |
Energy Efficiency Trust Fund .............................$955 |
Energy Transition Assistance Fund ......................$1,193 |
Environmental Protection Permit and Inspection Fund ...$17,475 |
Facilities Management Revolving Fund ..................$21,298 |
Fair and Exposition Fund .................................$782 |
Federal Asset Forfeiture Fund ..........................$1,195 |
Federal High Speed Rail Trust Fund .......................$910 |
Federal Workforce Training Fund ......................$113,609 |
Feed Control Fund ......................................$1,263 |
Fertilizer Control Fund ..................................$778 |
Fire Prevention Fund ...................................$4,470 |
Freedom Schools Fund .....................................$636 |
Fund for the Advancement of Education .................$61,767 |
General Professions Dedicated Fund ....................$36,108 |
General Revenue Fund ..............................$17,653,153 |
Grade Crossing Protection Fund .........................$7,759 |
Hazardous Waste Fund ...................................$9,036 |
Health and Human Services Medicaid Trust Fund ............$793 |
Healthcare Provider Relief Fund ......................$209,863 |
Historic Property Administrative Fund ....................$791 |
Horse Racing Fund ....................................$233,685 |
Hospital Provider Fund ................................$66,984 |
Illinois Affordable Housing Trust Fund ................$30,424 |
Illinois Charity Bureau Fund ...........................$2,025 |
Illinois Clean Water Fund .............................$18,928 |
|
Illinois Forestry Development Fund ....................$13,054 |
Illinois Gaming Law Enforcement Fund ...................$1,411 |
IMSA Income Fund ......................................$10,499 |
Illinois Military Family Relief Fund ...................$2,963 |
Illinois National Guard Construction Fund ..............$4,944 |
Illinois Power Agency Operations Fund ................$154,375 |
Illinois State Dental Disciplinary Fund ................$3,947 |
Illinois State Fair Fund ...............................$5,871 |
Illinois State Medical Disciplinary Fund ..............$32,809 |
Illinois State Pharmacy Disciplinary Fund .............$10,993 |
Illinois Student Assistance Commission |
Contracts and Grants Fund ............................$950 |
Illinois Veterans Assistance Fund ......................$2,738 |
Illinois Veterans' Rehabilitation Fund ...................$685 |
Illinois Wildlife Preservation Fund ....................$2,646 |
Illinois Workers' Compensation Commission |
Operations Fund ...................................$94,942 |
Illinois Works Fund ....................................$5,577 |
Income Tax Refund Fund ...............................$232,364 |
Insurance Financial Regulation Fund ..................$158,266 |
Insurance Premium Tax Refund Fund .....................$10,972 |
Insurance Producer Administration Fund ...............$208,185 |
International Tourism Fund .............................$1,317 |
LaSalle Veterans Home Fund .............................$2,656 |
Law Enforcement Recruitment and Retention Fund ........$10,249 |
Law Enforcement Training Fund .........................$28,714 |
|
LEADS Maintenance Fund ...................................$573 |
Live and Learn Fund ....................................$8,419 |
Local Government Distributive Fund ...................$120,745 |
Local Tourism Fund ....................................$16,582 |
Long Term Care Ombudsman Fund ............................$635 |
Long-Term Care Provider Fund ..........................$10,352 |
Manteno Veterans Home Fund .............................$3,941 |
Mental Health Fund .....................................$3,560 |
Mental Health Reporting Fund .............................$878 |
Military Affairs Trust Fund ............................$1,017 |
Monitoring Device Driving Permit |
Administration Fee Fund ..............................$657 |
Motor Carrier Safety Inspection Fund ...................$1,892 |
Motor Fuel Tax Fund ..................................$124,570 |
Motor Vehicle License Plate Fund .......................$6,363 |
Nursing Dedicated and Professional Fund ...............$14,671 |
Off-Highway Vehicle Trails Fund ........................$1,431 |
Open Space Lands Acquisition and Development Fund .....$67,764 |
Optometric Licensing and Disciplinary Board Fund .........$922 |
Parity Advancement Fund ................................$9,349 |
Partners For Conservation Fund ........................$25,309 |
Pawnbroker Regulation Fund ...............................$659 |
Pension Stabilization Fund .............................$3,009 |
Personal Property Tax Replacement Fund ...............$251,569 |
Pesticide Control Fund .................................$4,715 |
Prisoner Review Board Vehicle and Equipment Fund .......$3,035 |
|
Professional Services Fund .............................$3,093 |
Professions Indirect Cost Fund .......................$194,398 |
Public Pension Regulation Fund .........................$3,519 |
Public Transportation Fund ...........................$108,264 |
Quincy Veterans Home Fund .............................$25,455 |
Real Estate License Administration Fund ...............$27,976 |
Rebuild Illinois Projects Fund .........................$3,682 |
Regional Transportation Authority Occupation and Use Tax |
Replacement Fund ...................................$3,226 |
Registered Certified Public Accountants' Administration |
and Disciplinary Fund ..............................$3,213 |
Renewable Energy Resources Trust Fund ..................$2,463 |
Rental Housing Support Program Fund ......................$560 |
Residential Finance Regulatory Fund ...................$21,672 |
Road Fund ............................................$524,729 |
Salmon Fund ..............................................$837 |
Savings Bank Regulatory Fund .............................$528 |
School Infrastructure Fund ............................$10,122 |
Secretary of State DUI Administration Fund .............$1,021 |
Secretary of State Identification Security and |
Theft Prevention Fund ..............................$4,877 |
Secretary of State Special License Plate Fund ..........$1,410 |
Secretary of State Special Services Fund ..............$11,665 |
Securities Audit and Enforcement Fund ..................$2,279 |
Serve Illinois Commission Fund ...........................$950 |
Snowmobile Trail Establishment Fund ......................$653 |
|
Solid Waste Management Fund ...........................$17,540 |
Special Education Medicaid Matching Fund ...............$2,916 |
Sports Wagering Fund ..................................$14,696 |
State Police Law Enforcement Administration Fund .......$3,635 |
State and Local Sales Tax Reform Fund ..................$6,676 |
State Asset Forfeiture Fund ............................$1,445 |
State Aviation Program Fund ............................$2,125 |
State Construction Account Fund ......................$151,079 |
State Crime Laboratory Fund ............................$6,342 |
State Gaming Fund ....................................$216,475 |
State Garage Revolving Fund ............................$4,892 |
State Lottery Fund ...................................$106,169 |
State Pensions Fund .................................$500,000 |
State Police Firearm Services Fund ....................$16,049 |
State Police Services Fund ............................$20,688 |
State Police Vehicle Fund ..............................$7,562 |
State Police Whistleblower Reward |
and Protection Fund ................................$3,858 |
State Small Business Credit Initiative Fund ...........$20,739 |
State's Attorneys Appellate |
Prosecutor's County Fund ..........................$20,621 |
Subtitle D Management Fund .............................$2,669 |
Supplemental Low-Income Energy Assistance Fund .......$158,173 |
Tax Compliance and Administration Fund .................$3,789 |
Technology Management Revolving Fund .................$620,435 |
Tobacco Settlement Recovery Fund .......................$4,747 |
|
Tourism Promotion Fund ................................$46,998 |
Traffic and Criminal Conviction Surcharge Fund ........$41,173 |
Underground Storage Tank Fund .........................$31,314 |
University of Illinois Hospital Services Fund ..........$3,257 |
Vehicle Hijacking and Motor Vehicle Theft |
Prevention and Insurance Verification Trust Fund ...$8,183 |
Vehicle Inspection Fund ...............................$19,811 |
Weights and Measures Fund ..............................$3,636 |
African-American HIV/AIDS Response RESP Fund ...........$1,421 |
Agricultural Premium Fund ............................$122,719 |
Alzheimer's Awareness Fund .............................$1,499 |
Alzheimer's Disease Research, Care, and Support Fund .....$662 |
Amusement Ride and Patron Safety Fund ..................$6,315 |
Assisted Living and & Shared Housing Regulatory |
House Regulation Fund ..............................$2,564 |
Capital Development Board Revolving Fund ..............$15,118 |
Care Provider Fund for Persons with a Developmental |
Disability ........................................$15,392 |
Carolyn Adams Ticket For The Cure Grant Fund .............$927 |
CDLIS/AAMVANET/NMVTIS Trust Fund (Commercial |
Driver's License Information |
System/American Association of |
Motor Vehicle Administrators |
network/National Motor Vehicle |
Title Information Service Trust Fund) ..............$5,236 |
Chicago Police Memorial Foundation Fund ..................$708 |
|
Chicago State University Education Improvement Fund ...$13,666 |
Child Labor and Day and Temporary Labor |
Services Enforcement Fund .........................$11,991 |
Child Support Administrative Fund ......................$5,287 |
Clean Air Act Permit Fund ..............................$1,556 |
Coal Technology Development Assistance Fund ............$6,936 |
Common School Fund ...................................$343,892 |
Community Mental Health Medicaid Trust Fund ...........$14,084 |
Corporate Franchise Tax Refund Fund ....................$1,096 |
DCFS Children's Services Fund ..........................$8,766 |
Death Certificate Surcharge Fund .......................$2,060 |
Death Penalty Abolition Fund ...........................$2,448 |
Department of Business Services Service Special |
Operations Fund ...................................$13,889 |
Department of Human Services DHS Community |
Services Fund ......................................$7,970 |
Downstate Public Transportation Fund ..................$11,631 |
Dram Shop Fund .......................................$142,500 |
Driver Services Administration Fund ....................$1,873 |
Drug Rebate Fund ......................................$42,473 |
Drug Treatment Fund ....................................$1,767 |
Education Assistance Fund ..........................$2,031,292 |
Emergency Public Health Fund ...........................$5,162 |
Environmental Protection Permit and Inspection Fund ....$1,447 |
Estate Tax Refund Fund ...................................$852 |
Facilities Management Revolving Fund ..................$50,148 |
|
Facility Licensing Fund ................................$5,522 |
Fair and & Exposition Fund .............................$4,248 |
Feed Control Fund ......................................$7,709 |
Fertilizer Control Fund ................................$6,849 |
Fire Prevention Fund ...................................$3,859 |
Fund for the Advancement of Education .................$24,772 |
General Assembly Operations Revolving Rev Fund .........$1,146 |
General Professions Dedicated Fund .....................$4,039 |
General Revenue Fund ..............................$17,653,153 |
Governor's Administrative Fund .........................$2,832 |
Governor's Grant Fund .................................$17,709 |
Grade Crossing Protection Fund ...........................$930 |
Grant Accountability and / Transparency Fund .............$805 |
Guardianship and & Advocacy Fund ......................$14,843 |
Hazardous Waste Fund .....................................$835 |
Health Facility Plan Review Fund .......................$1,776 |
Health and Human Services Service Medicaid Trust Fund ..$6,554 |
Healthcare Provider Relief Fund ......................$407,107 |
Healthy Smiles Fund ......................................$738 |
Home Care Services Agency Licensure Fund ...............$3,101 |
Hospital Licensure Fund ................................$1,688 |
Hospital Provider Fund ...............................$138,829 |
ICCB Federal Trust Fund ...............................$9,968 |
ICJIA Violence Prevention Fund ...........................$932 |
Illinois IL Affordable Housing Trust Fund .............$17,236 |
Illinois IL Clean Water Fund ...........................$2,152 |
|
IL Community College Board |
Contracts and Grants ...............................9,968 |
Illinois IL Health Facilities Planning Fund ............$3,094 |
IMSA Income Fund ......................................$12,417 |
Illinois IL Power Agency Operations Fund ..............$62,583 |
Illinois IL School Asbestos Abatement Fund ...............$784 |
Illinois IL State Fair Fund ...........................$29,752 |
Illinois IL State Police Memorial Park Fund ..............$681 |
Illinois Telecommunications IL Telecom Access |
Corporation Fund ...................................$1,668 |
Illinois IL Underground Utility Facilities |
Facility Damage Prevention Fund ....................$4,276 |
Illinois IL Veterans' Rehabilitation Fund ..............$5,943 |
Illinois IL Workers' Compensation Commission |
Operations Fund ..................................$243,187 |
Income Tax Refund Fund ................................$54,420 |
Lead Poisoning Screening, Prevention, and |
Abatement Fund ....................................$16,379 |
Live and Learn Fund ...................................$25,492 |
Lobbyist Registration Administration Fund ..............$1,471 |
Local Government Distributive Fund ....................$44,025 |
Long Term Care Monitor/Receiver Receive Fund ..........$42,016 |
Long-Term Long Term Care Provider Fund ................$13,537 |
Low-Level Radioactive Low Level Rad Facility |
Development and Operation Dev & Op Fund ..............$618 |
Mandatory Arbitration Fund .............................$2,104 |
|
Medical Special Purposes Purpose Trust Fund ..............$786 |
Mental Health Fund .....................................$9,376 |
Mental Health Reporting Fund ...........................$1,443 |
Metabolic Screening and & Treatment Fund ..............$32,049 |
Monitoring Device Driving Permit Administration |
Fee Fund ...........................................$1,616 |
Motor Fuel Tax Fund ...................................$36,238 |
Motor Vehicle License Plate Fund ......................$17,694 |
Motor Vehicle Theft Prevention and Insurance |
Verification Trust .................................10,970 |
Multiple Sclerosis Research Fund .........................$758 |
Nuclear Safety Emergency Preparedness Fund ............$26,117 |
Nursing Dedicated and Professional Fund ................$2,420 |
Open Space Lands Acquisition and & Development Fund ......$658 |
Partners For Conservation Fund ........................$89,847 |
Pension Stabilization Fund .............................$1,031 |
Personal Property Tax Replacement Fund ...............$290,755 |
Pesticide Control Fund ................................$30,513 |
Plumbing Licensure and & Program Fund ..................$6,276 |
Police Memorial Committee Fund ...........................$813 |
Professional Services Fund ............................$72,029 |
Public Health Laboratory Lab Services Revolving |
Rev Fund ...........................................$5,816 |
Public Transportation Fund ............................$46,826 |
Public Utility Fund ..................................$198,423 |
Radiation Protection Fund .............................$11,034 |
|
Renewable Energy Resources Trust Fund ..................$7,834 |
Road Fund ............................................$226,150 |
Regional Transportation Authority RTA Occupation |
and & Use Tax Replacement Fund .....................$1,167 |
School Infrastructure Fund .............................$7,749 |
Secretary of State DUI Administration Fund .............$2,694 |
Secretary of State Identification & Security |
and Theft Prevention Fund .........................$12,676 |
Secretary of State Police Services Fund ..................$717 |
Secretary of State Special License Plate Fund ..........$4,203 |
Secretary of State Special Services Fund ..............$34,491 |
Securities Audit and Enforcement Fund ..................$8,198 |
Solid Waste Management Fund ............................$1,613 |
Special Olympics Illinois and Special |
Children's Charities Fund ............................$852 |
Special Education Medicaid Matching Fund ...............$5,131 |
Sports Wagering Fund ...................................$4,450 |
State and Local Sales Tax Reform Fund ..................$2,361 |
State Construction Account Fund .......................$37,865 |
State Gaming Fund .....................................$94,435 |
State Garage Revolving Fund ............................$8,977 |
State Lottery Fund ...................................$340,323 |
State Pensions Fund ..................................$500,000 |
State Treasurer's Bank Services Trust Fund .............$1,295 |
Supreme Court Special Purposes Fund ....................$1,722 |
Tattoo and & Body Piercing Establishment |
|
Registration Fund ....................................$950 |
Tax Compliance and & Administration Fund ...............$1,483 |
Technology Management Revolving Fund .................$186,193 |
Tobacco Settlement Recovery Fund ......................$29,864 |
Tourism Promotion Fund ................................$50,155 |
Transportation Regulatory Fund ........................$78,256 |
Trauma Center Fund .....................................$1,960 |
Underground Storage Tank Fund ..........................$3,630 |
University of Illinois IL Hospital Services Fund .......$6,712 |
Vehicle Hijacking and Motor Vehicle |
Theft Prevention and Insurance |
Verification Trust Fund ...........................$10,970 |
Vehicle Inspection Fund ................................$5,069 |
Weights and Measures Fund .............................$22,129 |
Youth Alcoholism and & Substance Abuse Prevention Fund ...$526 |
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. 102-16, eff. 6-17-21; 102-699, eff. 4-19-22; |
103-8, eff. 6-7-23; 103-129, eff. 6-30-23; revised 11-21-23.) |
(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 support 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 memberships, lab |
analysis, and and travel stipends for meetings and |
educational events. |
(8) To develop guidelines and local soil health |
assessments for advancing soil health. |
(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, 2025 |
2024 , 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 | $14,000,000 | |
2024 | $18,000,000 | |
2025 | $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. 102-16, eff. 6-17-21; 102-699, eff. 4-19-22; |
103-8, eff. 6-7-23; 103-494, eff. 8-4-23; revised 9-7-23.) |
(30 ILCS 105/6z-47) |
Sec. 6z-47. Fund for Illinois' Future. |
(a) The Fund for Illinois' Future is hereby created as a |
special fund in the State Treasury. |
(b) On June 15, 1999 ( Upon the effective date of Public Act |
91-38) this amendatory Act of the 91st General Assembly , or as |
soon as possible thereafter, the Comptroller shall order |
transferred and the Treasurer shall transfer $260,000,000 from |
|
the General Revenue Fund to the Fund for Illinois' Future. |
On July 15, 2000, or as soon as possible thereafter, the |
Comptroller shall order transferred and the Treasurer shall |
transfer $260,000,000 from the General Revenue Fund to the |
Fund for Illinois' Future. |
Revenues in the Fund for Illinois' Future shall include |
any other funds appropriated or transferred into the Fund. |
(c) Moneys in the Fund for Illinois' Future may be |
appropriated for the making of grants and expenditures for |
planning, engineering, acquisition, construction, |
reconstruction, development, improvement, and extension of |
public infrastructure in the State of Illinois, including |
grants to local governments for public infrastructure, grants |
to public elementary and secondary school districts for public |
infrastructure, grants to universities, colleges, community |
colleges, and non-profit corporations for public |
infrastructure, and expenditures for public infrastructure of |
the State and other related purposes, including but not |
limited to expenditures for equipment, vehicles, community |
programs, and recreational facilities. |
(d) Moneys in the Fund for Illinois' Future may also be |
appropriated for the making of grants to local governments, |
public and private elementary and secondary schools, |
non-profit corporations, and community-based providers for |
costs associated with violence prevention, community |
development, educational programs, social services, community |
|
programs, and operational expenses. |
(Source: P.A. 91-38, eff. 6-15-99.) |
(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). |
(n) (Blank). |
(o) (Blank). 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 |
(p) Notwithstanding any other provision of State law to |
the contrary, on or after July 1, 2023, and until June 30, |
2024, 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 |
(q) Notwithstanding any other provision of State law to |
the contrary, on or after July 1, 2024, and until June 30, |
2025, 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 ............$3,000,000 |
(Source: P.A. 102-16, eff. 6-17-21; 102-699, eff. 4-19-22; |
103-8, eff. 6-7-23.) |
(30 ILCS 105/6z-111) |
Sec. 6z-111. Rebuild Illinois Projects Fund. |
(a) The Rebuild Illinois Projects Fund is created as a |
special fund in the State treasury and shall receive moneys |
from the collection of license fees on initial licenses issued |
|
for newly licensed gaming facilities or wagering platforms in |
Fiscal Year 2019 or thereafter, and any other moneys |
appropriated or transferred to it as provided by law. |
(b) Money in the Rebuild Illinois Projects Fund shall be |
used, subject to appropriation, for grants that support |
community development, including capital projects and other |
purposes authorized by law. |
(Source: P.A. 101-30, eff. 6-28-19.) |
(30 ILCS 105/6z-140 new) |
Sec. 6z-140. Professions Licensure Fund. The Professions |
Licensure Fund is created as a special fund in the State |
treasury. The Fund may receive revenue from any authorized |
source, including, but not limited to, gifts, grants, awards, |
transfers, and appropriations. Subject to appropriation, the |
Department of Financial and Professional Regulation may use |
moneys in the Fund for costs directly associated with the |
procurement of electronic data processing software, licenses, |
or any other information technology system products and for |
the ongoing costs of electronic data processing software, |
licenses, or other information technology system products |
related to the granting, renewal, or administration of all |
licenses under the Department's jurisdiction. |
(30 ILCS 105/8.3) |
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 |
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, during |
fiscal year 2024, for the purposes of a grant not to exceed |
$9,108,400 to the Regional Transportation Authority on |
behalf of PACE for the purpose of ADA/Para-transit |
|
expenses; or, during fiscal year 2025, for the purposes of |
a grant not to exceed $10,020,000 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 2023 when no |
more than $17,570,000 may be expended and except fiscal |
year 2024 when no more than $19,063,500 may be expended |
and except fiscal year 2025 when no more than $20,969,900 |
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 and Division of Criminal |
Investigation; |
2. Department of Transportation, only with respect to |
Intercity Rail Subsidies, except fiscal year 2023 when no |
more than $55,000,000 may be expended and except fiscal |
year 2024 when no more than $60,000,000 may be expended |
and except fiscal year 2025 when no more than $67,000,000 |
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 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 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 during fiscal year 2024 for the purposes of a |
grant not to exceed $9,108,400 to the Regional |
Transportation Authority on behalf of PACE for the purpose |
of ADA/Para-transit expenses, or during fiscal year 2025 |
for the purposes of a grant not to exceed $10,020,000 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 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. |
Beginning in fiscal year 2025, moneys in the Road Fund may |
be appropriated to the Environmental Protection Agency for the |
exclusive purpose of making deposits into the Electric Vehicle |
Rebate Fund, subject to appropriation, to be used for purposes |
consistent with Section 11 of Article IX of the Illinois |
Constitution. |
|
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. 102-16, eff. 6-17-21; 102-538, eff. 8-20-21; |
|
102-699, eff. 4-19-22; 102-813, eff. 5-13-22; 103-8, eff. |
6-7-23; 103-34, eff. 1-1-24; revised 12-12-23.) |
(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 2026 2025 , 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) (Blank). |
(c-5) For fiscal years 2006 through 2025 2024 , 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 2026 2025 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. 102-16, eff. 6-17-21; 102-699, eff. 4-19-22; |
103-8, eff. 6-7-23.) |
(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) (Blank). 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) (Blank). 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) (Blank). 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) (Blank). 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) (Blank). 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) (Blank). In addition to any other transfers that may |
be provided for by law, on April 19, 2022 (the effective date |
of Public Act 102-699), 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) (Blank). In addition to any other transfers that may |
be provided for by law, on April 19, 2022 (the effective date |
of Public Act 102-699), 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) (Blank). 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) (Blank). 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. |
(dd) (Blank). In addition to any other transfers that may |
be provided by law, on April 19, 2022 (the effective date of |
Public Act 102-700), 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 |
$685,000,000 from the General Revenue Fund to the Income Tax |
Refund Fund. Moneys from this transfer shall be used for the |
purpose of making the one-time rebate payments provided under |
Section 212.1 of the Illinois Income Tax Act. |
(ee) (Blank). In addition to any other transfers that may |
be provided by law, beginning on April 19, 2022 (the effective |
date of Public Act 102-700) and until December 31, 2023, at the |
direction of the Department of Revenue, the State Comptroller |
shall direct and the State Treasurer shall transfer from the |
General Revenue Fund to the Income Tax Refund Fund any amounts |
needed beyond the amounts transferred in subsection (dd) to |
make payments of the one-time rebate payments provided under |
Section 212.1 of the Illinois Income Tax Act. |
(ff) (Blank). In addition to any other transfers that may |
be provided for by law, on April 19, 2022 (the effective date |
of Public Act 102-700), 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 |
$720,000,000 from the General Revenue Fund to the Budget |
|
Stabilization Fund. |
(gg) (Blank). 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 $280,000,000 from the |
General Revenue Fund to the Budget Stabilization Fund. |
(hh) (Blank). 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 $200,000,000 from the |
General Revenue Fund to the Pension Stabilization Fund. |
(ii) (Blank). In addition to any other transfers that may |
be provided for by law, on January 1, 2023, or as soon |
thereafter as practical, the State Comptroller shall direct |
and the State Treasurer shall transfer the sum of $850,000,000 |
from the General Revenue Fund to the Budget Stabilization |
Fund. |
(jj) (Blank). In addition to any other transfers that may |
be provided for by law, at a time or times during Fiscal Year |
2023 as directed by the Governor, the State Comptroller shall |
direct and the State Treasurer shall transfer up to a total of |
$400,000,000 from the General Revenue Fund to the Large |
Business Attraction Fund. |
(kk) (Blank). In addition to any other transfers that may |
be provided for by law, on January 1, 2023, or as soon |
thereafter as practical, the State Comptroller shall direct |
|
and the State Treasurer shall transfer the sum of $72,000,000 |
from the General Revenue Fund to the Disaster Response and |
Recovery Fund. |
(ll) (Blank). In addition to any other transfers that may |
be provided for by law, on the effective date of the changes |
made to this Section by this amendatory Act of the 103rd |
General Assembly, or as soon thereafter as practical, but no |
later than June 30, 2023, the State Comptroller shall direct |
and the State Treasurer shall transfer the sum of $200,000,000 |
from the General Revenue Fund to the Pension Stabilization |
Fund. |
(mm) In addition to any other transfers that may be |
provided for by law, beginning on the effective date of the |
changes made to this Section by this amendatory Act of the |
103rd General Assembly and until June 30, 2024, as directed by |
the Governor, the State Comptroller shall direct and the State |
Treasurer shall transfer up to a total of $1,500,000,000 from |
the General Revenue Fund to the State Coronavirus Urgent |
Remediation Emergency Fund. |
(nn) In addition to any other transfers that may be |
provided for by law, beginning on the effective date of the |
changes made to this Section by this amendatory Act of the |
103rd General Assembly and until June 30, 2024, as directed by |
the Governor, the State Comptroller shall direct and the State |
Treasurer shall transfer up to a total of $424,000,000 from |
the General Revenue Fund to the Build Illinois Bond Fund. |
|
(oo) In addition to any other transfers that may be |
provided for by law, on July 1, 2023, 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. |
(pp) In addition to any other transfers that may be |
provided for by law, on July 1, 2023, 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. |
(qq) In addition to any other transfers that may be |
provided for by law, beginning on the effective date of the |
changes made to this Section by this amendatory Act of the |
103rd General Assembly and until June 30, 2024, as directed by |
the Governor, the State Comptroller shall direct and the State |
Treasurer shall transfer up to a total of $350,000,000 from |
the General Revenue Fund to the Fund for Illinois' Future. |
(rr) In addition to any other transfers that may be |
provided for by law, on July 1, 2024, 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. |
(ss) In addition to any other transfers that may be |
provided for by law, on July 1, 2024, 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. |
(tt) In addition to any other transfers that may be |
provided for by law, on July 1, 2024, or as soon thereafter as |
practical, the State Comptroller shall direct and the State |
Treasurer shall transfer the sum of $25,000,000 from the |
Violent Crime Witness Protection Program Fund to the General |
Revenue Fund. |
(Source: P.A. 102-16, eff. 6-17-21; 102-699, eff. 4-19-22; |
102-700, Article 40, Section 40-5, eff. 4-19-22; 102-700, |
Article 80, Section 80-5, eff. 4-19-22; 102-1115, eff. 1-9-23; |
103-8, eff. 6-7-23.) |
(30 ILCS 105/12-2) (from Ch. 127, par. 148-2) |
Sec. 12-2. Travel Regulation Council; State travel |
reimbursement. |
(a) The chairmen of the travel control boards established |
by Section 12-1, or their designees, shall together comprise |
the Travel Regulation Council. The Travel Regulation Council |
shall be chaired by the Director of Central Management |
Services, who shall be a nonvoting member of the Council, |
unless he is otherwise qualified to vote by virtue of being the |
designee of a voting member. No later than March 1, 1986, and |
at least biennially thereafter, the Council shall adopt State |
Travel Regulations and Reimbursement Rates which shall be |
|
applicable to all personnel subject to the jurisdiction of the |
travel control boards established by Section 12-1. An |
affirmative vote of a majority of the members of the Council |
shall be required to adopt regulations and reimbursement |
rates. If the Council fails to adopt regulations by March 1 of |
any odd-numbered year, the Director of Central Management |
Services shall adopt emergency regulations and reimbursement |
rates pursuant to the Illinois Administrative Procedure Act. |
As soon as practicable after January 23, 2023 ( the effective |
date of Public Act 102-1119) this amendatory Act of the 102nd |
General Assembly , the Travel Regulation Council and the Higher |
Education Travel Control Board shall adopt amendments to their |
existing rules to ensure that reimbursement rates for public |
institutions of higher education, as defined in Section 1-13 |
of the Illinois Procurement Code, are set in accordance with |
the requirements of subsection (f) of this Section. |
(b) (Blank). |
(c) (Blank). |
(d) Reimbursements to travelers shall be made pursuant to |
the rates and regulations applicable to the respective State |
agency as of January 1, 1986 ( the effective date of Public Act |
84-345) this amendatory Act , until the State Travel |
Regulations and Reimbursement Rates established by this |
Section are adopted and effective. |
(e) (Blank). |
(f) (f) Notwithstanding any rule or law to the contrary, |
|
State travel reimbursement rates for lodging and mileage for |
automobile travel, as well as allowances for meals, shall be |
set at the maximum rates established by the federal government |
for travel expenses, subsistence expenses, and mileage |
allowances under 5 U.S.C. 5701 through 5711 and any |
regulations promulgated thereunder. If the rates set under |
federal regulations increase or decrease during the course of |
the State's fiscal year, the effective date of the new rate |
shall be the effective date of the change in the federal rate. |
(g) Notwithstanding any other provision of this Section, |
the Council may provide, by rule, for alternative methods of |
determining the appropriate reimbursement rate for a |
traveler's subsistence expenses based upon the length of |
travel, as well as the embarkation point and destination. |
(Source: P.A. 102-1119, eff. 1-23-23; 103-8, eff. 1-1-24; |
revised 1-2-24.) |
(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). |
(c-8) (Blank). |
(c-9) (Blank). 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. |
(c-10) Special provisions for State fiscal year 2024. |
Notwithstanding any other provision of this Section, for State |
fiscal year 2024, 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 |
2024 shall not exceed 8% of the aggregate amount appropriated |
to that State agency for operational or lump sum expenses for |
State fiscal year 2024. 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-11) Special provisions for State fiscal year 2025. |
Notwithstanding any other provision of this Section, for State |
fiscal year 2025, 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 |
2025 shall not exceed 4% of the aggregate amount appropriated |
to that State agency for operational or lump sum expenses for |
State fiscal year 2025. 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 |
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. |
(g) For State fiscal year 2024 and each fiscal year |
thereafter, if requested by an agency chief executive officer |
and authorized and approved by the Comptroller, the |
Comptroller may direct and the Treasurer shall transfer funds |
from the General Revenue Fund to fund payroll expenses that |
meet the payroll transaction exception criteria as defined by |
|
the Comptroller in the Statewide Accounting Management System |
(SAMS) Manual. The agency shall then transfer these funds back |
to the General Revenue Fund within 7 days. |
(Source: P.A. 102-16, eff. 6-17-21; 102-699, eff. 4-19-22; |
103-8, eff. 6-7-23.) |
Section 5-35. 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 2025 2024 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. 102-16, eff. 6-17-21; 102-699, eff. 4-19-22; |
103-8, eff. 6-7-23.) |
Section 5-40. The Illinois Procurement Code is amended by |
changing Section 10-20 as follows: |
(30 ILCS 500/10-20) |
Sec. 10-20. Independent chief procurement officers. |
(a) Appointment. Within 60 calendar days after July 1, |
2010 ( the effective date of Public Act 96-795) this amendatory |
Act of the 96th General Assembly , the Executive Ethics |
Commission, with the advice and consent of the Senate shall |
appoint or approve 4 chief procurement officers, one for each |
of the following categories: |
(1) for procurements for construction and |
construction-related services committed by law to the |
jurisdiction or responsibility of the Capital Development |
Board; |
|
(2) for procurements for all construction, |
construction-related services, operation of any facility, |
and the provision of any service or activity committed by |
law to the jurisdiction or responsibility of the Illinois |
Department of Transportation, including the direct or |
reimbursable expenditure of all federal funds for which |
the Department of Transportation is responsible or |
accountable for the use thereof in accordance with federal |
law, regulation, or procedure, the chief procurement |
officer recommended for approval under this item appointed |
by the Secretary of Transportation after consent by the |
Executive Ethics Commission; |
(3) for all procurements made by a public institution |
of higher education; and |
(4) for all other procurement needs of State agencies. |
For fiscal years year 2024 and 2025 , the Executive Ethics |
Commission shall set aside from its appropriation those |
amounts necessary for the use of the 4 chief procurement |
officers for the ordinary and contingent expenses of their |
respective procurement offices. From the amounts set aside by |
the Commission, each chief procurement officer shall control |
the internal operations of his or her procurement office and |
shall procure the necessary equipment, materials, and services |
to perform the duties of that office, including hiring |
necessary procurement personnel, legal advisors , and other |
employees, and may establish, in the exercise of the chief |
|
procurement officer's discretion, the compensation of the |
office's employees, which includes the State purchasing |
officers and any legal advisors. The Executive Ethics |
Commission shall have no control over the employees of the |
chief procurement officers. The Executive Ethics Commission |
shall provide administrative support services, including |
payroll, for each procurement office. |
(b) Terms and independence. Each chief procurement officer |
appointed under this Section shall serve for a term of 5 years |
beginning on the date of the officer's appointment. The chief |
procurement officer may be removed for cause after a hearing |
by the Executive Ethics Commission. The Governor or the |
director of a State agency directly responsible to the |
Governor may institute a complaint against the officer by |
filing such complaint with the Commission. The Commission |
shall have a hearing based on the complaint. The officer and |
the complainant shall receive reasonable notice of the hearing |
and shall be permitted to present their respective arguments |
on the complaint. After the hearing, the Commission shall make |
a finding on the complaint and may take disciplinary action, |
including but not limited to removal of the officer. |
The salary of a chief procurement officer shall be |
established by the Executive Ethics Commission and may not be |
diminished during the officer's term. The salary may not |
exceed the salary of the director of a State agency for which |
the officer serves as chief procurement officer. |
|
(c) Qualifications. In addition to any other requirement |
or qualification required by State law, each chief procurement |
officer must within 12 months of employment be a Certified |
Professional Public Buyer or a Certified Public Purchasing |
Officer, pursuant to certification by the Universal Public |
Purchasing Certification Council, and must reside in Illinois. |
(d) Fiduciary duty. Each chief procurement officer owes a |
fiduciary duty to the State. |
(e) Vacancy. In case of a vacancy in one or more of the |
offices of a chief procurement officer under this Section |
during the recess of the Senate, the Executive Ethics |
Commission shall make a temporary appointment until the next |
meeting of the Senate, when the Executive Ethics Commission |
shall nominate some person to fill the office, and any person |
so nominated who is confirmed by the Senate shall hold office |
during the remainder of the term and until his or her successor |
is appointed and qualified. If the Senate is not in session at |
the time Public Act 96-920 this amendatory Act of the 96th |
General Assembly takes effect, the Executive Ethics Commission |
shall make a temporary appointment as in the case of a vacancy. |
(f) (Blank). |
(g) (Blank). |
(Source: P.A. 103-8, eff. 6-7-23; revised 9-26-23.) |
Section 5-43. The State Prompt Payment Act is amended by |
changing Section 3-6 and by adding Section 3-7 as follows: |
|
(30 ILCS 540/3-6) |
Sec. 3-6. Federal funds; lack of authority. If an agency |
incurs an interest liability under this Act that cannot be |
charged to the same expenditure authority account to which the |
related goods or services were charged due to federal |
prohibitions, the agency is authorized to pay the interest |
from its available appropriations from the General Revenue |
Fund , except that the Department of Transportation is |
authorized to pay the interest from its available |
appropriations from the Road Fund, as long as the original |
goods or services were for purposes consistent with Section 11 |
of Article IX of the Illinois Constitution . |
(Source: P.A. 100-587, eff. 6-4-18.) |
(30 ILCS 540/3-7 new) |
Sec. 3-7. Transportation bond funds. If the Department of |
Transportation incurs an interest liability under this Act |
that would be payable from a transportation bond fund, the |
Department of Transportation is authorized to pay the interest |
from its available appropriations from the Road Fund, as long |
as the original purpose to which the bond funds were applied |
was consistent with Section 11 of Article IX of the Illinois |
Constitution. As used in this Section, "transportation bond |
fund" means any of the following funds in the State treasury: |
the Transportation Bond, Series A Fund; the Transportation |
|
Bond, Series B Fund; the Transportation Bond Series D Fund; |
and the Multi-modal Transportation Bond Fund. |
Section 5-45. The Illinois Works Jobs Program Act is |
amended by changing Section 20-15 as follows: |
(30 ILCS 559/20-15) |
Sec. 20-15. Illinois Works Preapprenticeship Program; |
Illinois Works Bid Credit Program. |
(a) The Illinois Works Preapprenticeship Program is |
established and shall be administered by the Department. The |
goal of the Illinois Works Preapprenticeship Program is to |
create a network of community-based organizations throughout |
the State that will recruit, prescreen, and provide |
preapprenticeship skills training, for which participants may |
attend free of charge and receive a stipend, to create a |
qualified, diverse pipeline of workers who are prepared for |
careers in the construction and building trades. Upon |
completion of the Illinois Works Preapprenticeship Program, |
the candidates will be skilled and work-ready. |
(b) There is created the Illinois Works Fund, a special |
fund in the State treasury. The Illinois Works Fund shall be |
administered by the Department. The Illinois Works Fund shall |
be used to provide funding for community-based organizations |
throughout the State. In addition to any other transfers that |
may be provided for by law, on and after July 1, 2019 at the |
|
direction of the Director of the Governor's Office of |
Management and Budget, the State Comptroller shall direct and |
the State Treasurer shall transfer amounts not exceeding a |
total of $50,000,000 from the Rebuild Illinois Projects Fund |
to the Illinois Works Fund. |
(b-5) In addition to any other transfers that may be |
provided for by law, beginning July 1, 2024 and each July 1 |
thereafter, or as soon thereafter as practical, the State |
Comptroller shall direct and the State Treasurer shall |
transfer $20,000,000 from the Capital Projects Fund to the |
Illinois Works Fund. |
(c) Each community-based organization that receives |
funding from the Illinois Works Fund shall provide an annual |
report to the Illinois Works Review Panel by April 1 of each |
calendar year. The annual report shall include the following |
information: |
(1) a description of the community-based |
organization's recruitment, screening, and training |
efforts; |
(2) the number of individuals who apply to, |
participate in, and complete the community-based |
organization's program, broken down by race, gender, age, |
and veteran status; and |
(3) the number of the individuals referenced in item (2) |
of this subsection who are initially accepted and placed |
into apprenticeship programs in the construction and |
|
building trades. |
(d) The Department shall create and administer the |
Illinois Works Bid Credit Program that shall provide economic |
incentives, through bid credits, to encourage contractors and |
subcontractors to provide contracting and employment |
opportunities to historically underrepresented populations in |
the construction industry. |
The Illinois Works Bid Credit Program shall allow |
contractors and subcontractors to earn bid credits for use |
toward future bids for public works projects contracted by the |
State or an agency of the State in order to increase the |
chances that the contractor and the subcontractors will be |
selected. |
Contractors or subcontractors may be eligible to earn bid |
credits for employing apprentices who have completed the |
Illinois Works Preapprenticeship Program. Contractors or |
subcontractors shall earn bid credits at a rate established by |
the Department and based on labor hours worked by apprentices |
who have completed the Illinois Works Preapprenticeship |
Program. In order to earn bid credits, contractors and |
subcontractors shall provide the Department with certified |
payroll documenting the hours performed by apprentices who |
have completed the Illinois Works Preapprenticeship Program. |
Contractors and subcontractors can use bid credits toward |
future bids for public works projects contracted or funded by |
the State or an agency of the State in order to increase the |
|
likelihood of being selected as the contractor for the public |
works project toward which they have applied the bid credit. |
The Department shall establish the rate by rule and shall |
publish it on the Department's website. The rule may include |
maximum bid credits allowed per contractor, per subcontractor, |
per apprentice, per bid, or per year. |
The Illinois Works Credit Bank is hereby created and shall |
be administered by the Department. The Illinois Works Credit |
Bank shall track the bid credits. |
A contractor or subcontractor who has been awarded bid |
credits under any other State program for employing |
apprentices who have completed the Illinois Works |
Preapprenticeship Program is not eligible to receive bid |
credits under the Illinois Works Bid Credit Program relating |
to the same contract. |
The Department shall report to the Illinois Works Review |
Panel the following: (i) the number of bid credits awarded by |
the Department; (ii) the number of bid credits submitted by |
the contractor or subcontractor to the agency administering |
the public works contract; and (iii) the number of bid credits |
accepted by the agency for such contract. Any agency that |
awards bid credits pursuant to the Illinois Works Credit Bank |
Program shall report to the Department the number of bid |
credits it accepted for the public works contract. |
Upon a finding that a contractor or subcontractor has |
reported falsified records to the Department in order to |
|
fraudulently obtain bid credits, the Department may bar the |
contractor or subcontractor from participating in the Illinois |
Works Bid Credit Program and may suspend the contractor or |
subcontractor from bidding on or participating in any public |
works project. False or fraudulent claims for payment relating |
to false bid credits may be subject to damages and penalties |
under applicable law. |
(e) The Department shall adopt any rules deemed necessary |
to implement this Section. In order to provide for the |
expeditious and timely implementation of this Act, the |
Department may adopt emergency rules. The adoption of |
emergency rules authorized by this subsection is deemed to be |
necessary for the public interest, safety, and welfare. |
(Source: P.A. 103-8, eff. 6-7-23; 103-305, eff. 7-28-23; |
revised 9-6-23.) |
Section 5-47. The Downstate Public Transportation Act is |
amended by changing Section 2-3 as follows: |
(30 ILCS 740/2-3) (from Ch. 111 2/3, par. 663) |
Sec. 2-3. (a) As soon as possible after the first day of |
each month, beginning July 1, 1984, upon certification of the |
Department of Revenue, the Comptroller shall order |
transferred, and the Treasurer shall transfer, from the |
General Revenue Fund to a special fund in the State Treasury |
which is hereby created, to be known as the Downstate Public |
|
Transportation Fund, an amount equal to 2/32 (beginning July |
1, 2005, 3/32) of the net revenue realized from the Retailers' |
Occupation Tax Act, the Service Occupation Tax Act, the Use |
Tax Act, and the Service Use Tax Act from persons incurring |
municipal or county retailers' or service occupation tax |
liability for the benefit of any municipality or county |
located wholly within the boundaries of each participant, |
other than any Metro-East Transit District participant |
certified pursuant to subsection (c) of this Section during |
the preceding month, except that the Department shall pay into |
the Downstate Public Transportation Fund 2/32 (beginning July |
1, 2005, 3/32) of 80% of the net revenue realized under the |
State tax Acts named above within any municipality or county |
located wholly within the boundaries of each participant, |
other than any Metro-East participant, for tax periods |
beginning on or after January 1, 1990. Net revenue realized |
for a month shall be the revenue collected by the State |
pursuant to such Acts during the previous month from persons |
incurring municipal or county retailers' or service occupation |
tax liability for the benefit of any municipality or county |
located wholly within the boundaries of a participant, less |
the amount paid out during that same month as refunds or credit |
memoranda to taxpayers for overpayment of liability under such |
Acts for the benefit of any municipality or county located |
wholly within the boundaries of a participant. |
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 (a) to |
be transferred by the Treasurer into the Downstate Public |
Transportation Fund from the General Revenue Fund shall be |
directly deposited into the Downstate Public Transportation |
Fund as the revenues are realized from the taxes indicated. |
(b) As soon as possible after the first day of each month, |
beginning July 1, 1989, upon certification of the Department |
of Revenue, the Comptroller shall order transferred, and the |
Treasurer shall transfer, from the General Revenue Fund to a |
special fund in the State Treasury which is hereby created, to |
be known as the Metro-East Public Transportation Fund, an |
amount equal to 2/32 of the net revenue realized, as above, |
from within the boundaries of Madison, Monroe, and St. Clair |
Counties, except that the Department shall pay into the |
Metro-East Public Transportation Fund 2/32 of 80% of the net |
revenue realized under the State tax Acts specified in |
subsection (a) of this Section within the boundaries of |
Madison, Monroe and St. Clair Counties for tax periods |
beginning on or after January 1, 1990. A local match |
equivalent to an amount which could be raised by a tax levy at |
the rate of .05% on the assessed value of property within the |
boundaries of Madison County is required annually to cause a |
total of 2/32 of the net revenue to be deposited in the |
Metro-East Public Transportation Fund. Failure to raise the |
required local match annually shall result in only 1/32 being |
|
deposited into the Metro-East Public Transportation Fund after |
July 1, 1989, or 1/32 of 80% of the net revenue realized for |
tax periods beginning on or after January 1, 1990. |
(b-5) As soon as possible after the first day of each |
month, beginning July 1, 2005, upon certification of the |
Department of Revenue, the Comptroller shall order |
transferred, and the Treasurer shall transfer, from the |
General Revenue Fund to the Downstate Public Transportation |
Fund, an amount equal to 3/32 of 80% of the net revenue |
realized from within the boundaries of Monroe and St. Clair |
Counties under the State Tax Acts specified in subsection (a) |
of this Section and provided further that, beginning July 1, |
2005, the provisions of subsection (b) shall no longer apply |
with respect to such tax receipts from Monroe and St. Clair |
Counties. |
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-5) to |
be transferred by the Treasurer into the Downstate Public |
Transportation Fund from the General Revenue Fund shall be |
directly deposited into the Downstate Public Transportation |
Fund as the revenues are realized from the taxes indicated. |
(b-6) As soon as possible after the first day of each |
month, beginning July 1, 2008, upon certification by the |
Department of Revenue, the Comptroller shall order transferred |
and the Treasurer shall transfer, from the General Revenue |
|
Fund to the Downstate Public Transportation Fund, an amount |
equal to 3/32 of 80% of the net revenue realized from within |
the boundaries of Madison County under the State Tax Acts |
specified in subsection (a) of this Section and provided |
further that, beginning July 1, 2008, the provisions of |
subsection (b) shall no longer apply with respect to such tax |
receipts from Madison County. |
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-6) to |
be transferred by the Treasurer into the Downstate Public |
Transportation Fund from the General Revenue Fund shall be |
directly deposited into the Downstate Public Transportation |
Fund as the revenues are realized from the taxes indicated. |
(b-7) Beginning July 1, 2018, notwithstanding any the |
other provisions of law to the contrary this Section , instead |
of the Comptroller making monthly transfers from the General |
Revenue Fund to the Downstate Public Transportation Fund, the |
Department of Revenue shall deposit the designated fraction of |
the net revenue realized from collections under the Retailers' |
Occupation Tax Act, the Service Occupation Tax Act, the Use |
Tax Act, and the Service Use Tax Act directly into the |
Downstate Public Transportation Fund , except that, for the |
State fiscal year beginning July 1, 2024, the first |
$75,000,000 that would have otherwise been deposited as |
provided in this subsection shall instead be transferred from |
|
the Road Fund to the Downstate Public Transportation Fund by |
the Treasurer upon certification by the Department of Revenue |
and order of the Comptroller . The funds authorized and |
transferred pursuant to this amendatory Act of the 103rd |
General Assembly are not intended or planned for road |
construction projects. |
(c) The Department shall certify to the Department of |
Revenue the eligible participants under this Article and the |
territorial boundaries of such participants for the purposes |
of the Department of Revenue in subsections (a) and (b) of this |
Section. |
(d) For the purposes of this Article, beginning in fiscal |
year 2009 the General Assembly shall appropriate an amount |
from the Downstate Public Transportation Fund equal to the sum |
total of funds projected to be paid to the participants |
pursuant to Section 2-7. If the General Assembly fails to make |
appropriations sufficient to cover the amounts projected to be |
paid pursuant to Section 2-7, this Act shall constitute an |
irrevocable and continuing appropriation from the Downstate |
Public Transportation Fund of all amounts necessary for those |
purposes. |
(e) (Blank). |
(f) (Blank). |
(g) (Blank). |
(h) For State fiscal year 2020 only, notwithstanding any |
provision of law to the contrary, the total amount of revenue |
|
and deposits under this Section attributable to revenues |
realized during State fiscal year 2020 shall be reduced by 5%. |
(i) For State fiscal year 2021 only, notwithstanding any |
provision of law to the contrary, the total amount of revenue |
and deposits under this Section attributable to revenues |
realized during State fiscal year 2021 shall be reduced by 5%. |
(j) Commencing with State fiscal year 2022 programs, and |
for each fiscal year thereafter, all appropriations made under |
the provisions of this Act shall not constitute a grant |
program subject to the requirements of the Grant |
Accountability and Transparency Act. The Department shall |
approve programs of proposed expenditures and services |
submitted by participants under the requirements of Sections |
2-5 and 2-11. |
(Source: P.A. 101-10, eff. 6-5-19; 101-636, eff. 6-10-20; |
102-626, eff. 8-27-21.) |
Section 5-50. The Illinois Income Tax Act is amended by |
changing Section 901 as follows: |
(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 and continuing through July 31, 2023, 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. Beginning August 1, 2023, 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) 6.47% 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) 6.47% 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 into 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 fiscal |
year 2024, the Annual Percentage shall be 9.15%. For |
fiscal year 2025, the Annual Percentage shall be 9.15%. |
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 fiscal year 2024, the Annual Percentage shall be 14%. |
For fiscal year 2025, the Annual Percentage shall be 14%. |
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), except that in |
State fiscal years 2022 and 2023, moneys in the Income Tax |
Refund Fund shall also be used to pay one-time rebate |
payments as provided under Sections 208.5 and 212.1. |
(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, |
and excluding for fiscal year 2022 amounts attributable to |
|
transfers from the General Revenue Fund authorized by |
Public Act 102-700. |
(5) This Act shall constitute an irrevocable and |
continuing appropriation from the Income Tax Refund Fund |
for the purposes of (i) paying refunds upon the order of |
the Director in accordance with the provisions of this |
Section and (ii) paying one-time rebate payments under |
Sections 208.5 and 212.1. |
(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. 102-16, eff. 6-17-21; 102-558, eff. 8-20-21; |
102-658, eff. 8-27-21; 102-699, eff. 4-19-22; 102-700, eff. |
4-19-22; 102-813, eff. 5-13-22; 103-8, eff. 6-7-23; 103-154, |
eff. 6-30-23.) |
|
Section 5-60. The Regional Transportation Authority Act is |
amended by changing Section 4.09 as follows: |
(70 ILCS 3615/4.09) (from Ch. 111 2/3, par. 704.09) |
Sec. 4.09. Public Transportation Fund and the Regional |
Transportation Authority Occupation and Use Tax Replacement |
Fund. |
(a)(1) Except as otherwise provided in paragraph (4), as |
soon as possible after the first day of each month, beginning |
July 1, 1984, upon certification of the Department of Revenue, |
the Comptroller shall order transferred and the Treasurer |
shall transfer from the General Revenue Fund to a special fund |
in the State Treasury to be known as the Public Transportation |
Fund an amount equal to 25% of the net revenue, before the |
deduction of the serviceman and retailer discounts pursuant to |
Section 9 of the Service Occupation Tax Act and Section 3 of |
the Retailers' Occupation Tax Act, realized from any tax |
imposed by the Authority pursuant to Sections 4.03 and 4.03.1 |
and 25% of the amounts deposited into the Regional |
Transportation Authority tax fund created by Section 4.03 of |
this Act, from the County and Mass Transit District Fund as |
provided in Section 6z-20 of the State Finance Act and 25% of |
the amounts deposited into the Regional Transportation |
Authority Occupation and Use Tax Replacement Fund from the |
State and Local Sales Tax Reform Fund as provided in Section |
6z-17 of the State Finance Act. On the first day of the month |
|
following the date that the Department receives revenues from |
increased taxes under Section 4.03(m) as authorized by Public |
Act 95-708, in lieu of the transfers authorized in the |
preceding sentence, upon certification of the Department of |
Revenue, the Comptroller shall order transferred and the |
Treasurer shall transfer from the General Revenue Fund to the |
Public Transportation Fund an amount equal to 25% of the net |
revenue, before the deduction of the serviceman and retailer |
discounts pursuant to Section 9 of the Service Occupation Tax |
Act and Section 3 of the Retailers' Occupation Tax Act, |
realized from (i) 80% of the proceeds of any tax imposed by the |
Authority at a rate of 1.25% in Cook County, (ii) 75% of the |
proceeds of any tax imposed by the Authority at the rate of 1% |
in Cook County, and (iii) one-third of the proceeds of any tax |
imposed by the Authority at the rate of 0.75% in the Counties |
of DuPage, Kane, Lake, McHenry, and Will, all pursuant to |
Section 4.03, and 25% of the net revenue realized from any tax |
imposed by the Authority pursuant to Section 4.03.1, and 25% |
of the amounts deposited into the Regional Transportation |
Authority tax fund created by Section 4.03 of this Act from the |
County and Mass Transit District Fund as provided in Section |
6z-20 of the State Finance Act, and 25% of the amounts |
deposited into the Regional Transportation Authority |
Occupation and Use Tax Replacement Fund from the State and |
Local Sales Tax Reform Fund as provided in Section 6z-17 of the |
State Finance Act. As used in this Section, net revenue |
|
realized for a month shall be the revenue collected by the |
State pursuant to Sections 4.03 and 4.03.1 during the previous |
month from within the metropolitan region, less the amount |
paid out during that same month as refunds to taxpayers for |
overpayment of liability in the metropolitan region under |
Sections 4.03 and 4.03.1. |
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 paragraph (1) of |
subsection (a) to be transferred by the Treasurer into the |
Public Transportation Fund from the General Revenue Fund shall |
be directly deposited into the Public Transportation Fund as |
the revenues are realized from the taxes indicated. |
(2) Except as otherwise provided in paragraph (4), on |
February 1, 2009 (the first day of the month following the |
effective date of Public Act 95-708) and each month |
thereafter, upon certification by the Department of Revenue, |
the Comptroller shall order transferred and the Treasurer |
shall transfer from the General Revenue Fund to the Public |
Transportation Fund an amount equal to 5% of the net revenue, |
before the deduction of the serviceman and retailer discounts |
pursuant to Section 9 of the Service Occupation Tax Act and |
Section 3 of the Retailers' Occupation Tax Act, realized from |
any tax imposed by the Authority pursuant to Sections 4.03 and |
4.03.1 and certified by the Department of Revenue under |
Section 4.03(n) of this Act to be paid to the Authority and 5% |
|
of the amounts deposited into the Regional Transportation |
Authority tax fund created by Section 4.03 of this Act from the |
County and Mass Transit District Fund as provided in Section |
6z-20 of the State Finance Act, and 5% of the amounts deposited |
into the Regional Transportation Authority Occupation and Use |
Tax Replacement Fund from the State and Local Sales Tax Reform |
Fund as provided in Section 6z-17 of the State Finance Act, and |
5% of the revenue realized by the Chicago Transit Authority as |
financial assistance from the City of Chicago from the |
proceeds of any tax imposed by the City of Chicago under |
Section 8-3-19 of the Illinois Municipal Code. |
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 paragraph (2) of |
subsection (a) to be transferred by the Treasurer into the |
Public Transportation Fund from the General Revenue Fund shall |
be directly deposited into the Public Transportation Fund as |
the revenues are realized from the taxes indicated. |
(3) Except as otherwise provided in paragraph (4), as soon |
as possible after the first day of January, 2009 and each month |
thereafter, upon certification of the Department of Revenue |
with respect to the taxes collected under Section 4.03, the |
Comptroller shall order transferred and the Treasurer shall |
transfer from the General Revenue Fund to the Public |
Transportation Fund an amount equal to 25% of the net revenue, |
before the deduction of the serviceman and retailer discounts |
|
pursuant to Section 9 of the Service Occupation Tax Act and |
Section 3 of the Retailers' Occupation Tax Act, realized from |
(i) 20% of the proceeds of any tax imposed by the Authority at |
a rate of 1.25% in Cook County, (ii) 25% of the proceeds of any |
tax imposed by the Authority at the rate of 1% in Cook County, |
and (iii) one-third of the proceeds of any tax imposed by the |
Authority at the rate of 0.75% in the Counties of DuPage, Kane, |
Lake, McHenry, and Will, all pursuant to Section 4.03, and the |
Comptroller shall order transferred and the Treasurer shall |
transfer from the General Revenue Fund to the Public |
Transportation Fund (iv) an amount equal to 25% of the revenue |
realized by the Chicago Transit Authority as financial |
assistance from the City of Chicago from the proceeds of any |
tax imposed by the City of Chicago under Section 8-3-19 of the |
Illinois Municipal Code. |
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 paragraph (3) of |
subsection (a) to be transferred by the Treasurer into the |
Public Transportation Fund from the General Revenue Fund shall |
be directly deposited into the Public Transportation Fund as |
the revenues are realized from the taxes indicated. |
(4) Notwithstanding any provision of law to the contrary, |
for the State fiscal year beginning July 1, 2024 and each State |
fiscal year thereafter of the transfers to be made under |
paragraphs (1), (2), and (3) of this subsection (a) from the |
|
General Revenue Fund to the Public Transportation Fund , the |
first $150,000,000 that would have otherwise been transferred |
from the General Revenue Fund and deposited into the Public |
Transportation Fund as provided in paragraphs (1), (2), and |
(3) of this subsection (a) shall instead be transferred from |
the Road Fund by the Treasurer upon certification by the |
Department of Revenue and order of the Comptroller . For the |
State fiscal year beginning July 1, 2024, only, the next |
$75,000,000 that would have otherwise been transferred from |
the General Revenue Fund and deposited into the Public |
Transportation Fund as provided in paragraphs (1), (2), and |
(3) of this subsection (a) shall instead be transferred from |
the Road Fund and deposited into the Public Transportation |
Fund by the Treasurer upon certification by the Department of |
Revenue and order of the Comptroller. The funds authorized and |
transferred pursuant to this amendatory Act of the 103rd |
General Assembly are not intended or planned for road |
construction projects. For the State fiscal year beginning |
July 1, 2024, only, the next $50,000,000 that would have |
otherwise been transferred from the General Revenue Fund and |
deposited into the Public Transportation Fund as provided in |
paragraphs (1), (2), and (3) of this subsection (a) shall |
instead be transferred from the Underground Storage Tank Fund |
and deposited into the Public Transportation Fund by the |
Treasurer upon certification by the Department of Revenue and |
order of the Comptroller. The remaining balance of such |
|
transfers shall be deposited each State fiscal year as |
otherwise provided in paragraphs (1), (2), and (3) of this |
subsection (a) made from the General Revenue Fund . |
(5) (Blank). |
(6) (Blank). |
(7) For State fiscal year 2020 only, notwithstanding any |
provision of law to the contrary, the total amount of revenue |
and deposits under this Section attributable to revenues |
realized during State fiscal year 2020 shall be reduced by 5%. |
(8) For State fiscal year 2021 only, notwithstanding any |
provision of law to the contrary, the total amount of revenue |
and deposits under this Section attributable to revenues |
realized during State fiscal year 2021 shall be reduced by 5%. |
(b)(1) All moneys deposited in the Public Transportation |
Fund and the Regional Transportation Authority Occupation and |
Use Tax Replacement Fund, whether deposited pursuant to this |
Section or otherwise, are allocated to the Authority, except |
for amounts appropriated to the Office of the Executive |
Inspector General as authorized by subsection (h) of Section |
4.03.3 and amounts transferred to the Audit Expense Fund |
pursuant to Section 6z-27 of the State Finance Act. The |
Comptroller, as soon as possible after each monthly transfer |
provided in this Section and after each deposit into the |
Public Transportation Fund, shall order the Treasurer to pay |
to the Authority out of the Public Transportation Fund the |
amount so transferred or deposited. Any Additional State |
|
Assistance and Additional Financial Assistance paid to the |
Authority under this Section shall be expended by the |
Authority for its purposes as provided in this Act. The |
balance of the amounts paid to the Authority from the Public |
Transportation Fund shall be expended by the Authority as |
provided in Section 4.03.3. The Comptroller, as soon as |
possible after each deposit into the Regional Transportation |
Authority Occupation and Use Tax Replacement Fund provided in |
this Section and Section 6z-17 of the State Finance Act, shall |
order the Treasurer to pay to the Authority out of the Regional |
Transportation Authority Occupation and Use Tax Replacement |
Fund the amount so deposited. Such amounts paid to the |
Authority may be expended by it for its purposes as provided in |
this Act. The provisions directing the distributions from the |
Public Transportation Fund and the Regional Transportation |
Authority Occupation and Use Tax Replacement Fund provided for |
in this Section shall constitute an irrevocable and continuing |
appropriation of all amounts as provided herein. The State |
Treasurer and State Comptroller are hereby authorized and |
directed to make distributions as provided in this Section. |
(2) Provided, however, no moneys deposited under subsection |
(a) of this Section shall be paid from the Public |
Transportation Fund to the Authority or its assignee for any |
fiscal year until the Authority has certified to the Governor, |
the Comptroller, and the Mayor of the City of Chicago that it |
has adopted for that fiscal year an Annual Budget and Two-Year |
|
Financial Plan meeting the requirements in Section 4.01(b). |
(c) In recognition of the efforts of the Authority to |
enhance the mass transportation facilities under its control, |
the State shall provide financial assistance ("Additional |
State Assistance") in excess of the amounts transferred to the |
Authority from the General Revenue Fund under subsection (a) |
of this Section. Additional State Assistance shall be |
calculated as provided in subsection (d), but shall in no |
event exceed the following specified amounts with respect to |
the following State fiscal years: |
|
1990 | $5,000,000; | |
1991 | $5,000,000; | |
1992 | $10,000,000; | |
1993 | $10,000,000; | |
1994 | $20,000,000; | |
1995 | $30,000,000; | |
1996 | $40,000,000; | |
1997 | $50,000,000; | |
1998 | $55,000,000; and | |
each year thereafter | $55,000,000. |
|
(c-5) The State shall provide financial assistance |
("Additional Financial Assistance") in addition to the |
Additional State Assistance provided by subsection (c) and the |
amounts transferred to the Authority from the General Revenue |
Fund under subsection (a) of this Section. Additional |
Financial Assistance provided by this subsection shall be |
|
calculated as provided in subsection (d), but shall in no |
event exceed the following specified amounts with respect to |
the following State fiscal years: |
|
2000 | $0; | |
2001 | $16,000,000; | |
2002 | $35,000,000; | |
2003 | $54,000,000; | |
2004 | $73,000,000; | |
2005 | $93,000,000; and | |
each year thereafter | $100,000,000. |
|
(d) Beginning with State fiscal year 1990 and continuing |
for each State fiscal year thereafter, the Authority shall |
annually certify to the State Comptroller and State Treasurer, |
separately with respect to each of subdivisions (g)(2) and |
(g)(3) of Section 4.04 of this Act, the following amounts: |
(1) The amount necessary and required, during the |
State fiscal year with respect to which the certification |
is made, to pay its obligations for debt service on all |
outstanding bonds or notes issued by the Authority under |
subdivisions (g)(2) and (g)(3) of Section 4.04 of this |
Act. |
(2) An estimate of the amount necessary and required |
to pay its obligations for debt service for any bonds or |
notes which the Authority anticipates it will issue under |
subdivisions (g)(2) and (g)(3) of Section 4.04 during that |
State fiscal year. |
|
(3) Its debt service savings during the preceding |
State fiscal year from refunding or advance refunding of |
bonds or notes issued under subdivisions (g)(2) and (g)(3) |
of Section 4.04. |
(4) The amount of interest, if any, earned by the |
Authority during the previous State fiscal year on the |
proceeds of bonds or notes issued pursuant to subdivisions |
(g)(2) and (g)(3) of Section 4.04, other than refunding or |
advance refunding bonds or notes. |
The certification shall include a specific schedule of |
debt service payments, including the date and amount of each |
payment for all outstanding bonds or notes and an estimated |
schedule of anticipated debt service for all bonds and notes |
it intends to issue, if any, during that State fiscal year, |
including the estimated date and estimated amount of each |
payment. |
Immediately upon the issuance of bonds for which an |
estimated schedule of debt service payments was prepared, the |
Authority shall file an amended certification with respect to |
item (2) above, to specify the actual schedule of debt service |
payments, including the date and amount of each payment, for |
the remainder of the State fiscal year. |
On the first day of each month of the State fiscal year in |
which there are bonds outstanding with respect to which the |
certification is made, the State Comptroller shall order |
transferred and the State Treasurer shall transfer from the |
|
Road Fund to the Public Transportation Fund the Additional |
State Assistance and Additional Financial Assistance in an |
amount equal to the aggregate of (i) one-twelfth of the sum of |
the amounts certified under items (1) and (3) above less the |
amount certified under item (4) above, plus (ii) the amount |
required to pay debt service on bonds and notes issued during |
the fiscal year, if any, divided by the number of months |
remaining in the fiscal year after the date of issuance, or |
some smaller portion as may be necessary under subsection (c) |
or (c-5) of this Section for the relevant State fiscal year, |
plus (iii) any cumulative deficiencies in transfers for prior |
months, until an amount equal to the sum of the amounts |
certified under items (1) and (3) above, plus the actual debt |
service certified under item (2) above, less the amount |
certified under item (4) above, has been transferred; except |
that these transfers are subject to the following limits: |
(A) In no event shall the total transfers in any State |
fiscal year relating to outstanding bonds and notes issued |
by the Authority under subdivision (g)(2) of Section 4.04 |
exceed the lesser of the annual maximum amount specified |
in subsection (c) or the sum of the amounts certified |
under items (1) and (3) above, plus the actual debt |
service certified under item (2) above, less the amount |
certified under item (4) above, with respect to those |
bonds and notes. |
(B) In no event shall the total transfers in any State |
|
fiscal year relating to outstanding bonds and notes issued |
by the Authority under subdivision (g)(3) of Section 4.04 |
exceed the lesser of the annual maximum amount specified |
in subsection (c-5) or the sum of the amounts certified |
under items (1) and (3) above, plus the actual debt |
service certified under item (2) above, less the amount |
certified under item (4) above, with respect to those |
bonds and notes. |
The term "outstanding" does not include bonds or notes for |
which refunding or advance refunding bonds or notes have been |
issued. |
(e) Neither Additional State Assistance nor Additional |
Financial Assistance may be pledged, either directly or |
indirectly as general revenues of the Authority, as security |
for any bonds issued by the Authority. The Authority may not |
assign its right to receive Additional State Assistance or |
Additional Financial Assistance, or direct payment of |
Additional State Assistance or Additional Financial |
Assistance, to a trustee or any other entity for the payment of |
debt service on its bonds. |
(f) The certification required under subsection (d) with |
respect to outstanding bonds and notes of the Authority shall |
be filed as early as practicable before the beginning of the |
State fiscal year to which it relates. The certification shall |
be revised as may be necessary to accurately state the debt |
service requirements of the Authority. |
|
(g) Within 6 months of the end of each fiscal year, the |
Authority shall determine: |
(i) whether the aggregate of all system generated |
revenues for public transportation in the metropolitan |
region which is provided by, or under grant or purchase of |
service contracts with, the Service Boards equals 50% of |
the aggregate of all costs of providing such public |
transportation. "System generated revenues" include all |
the proceeds of fares and charges for services provided, |
contributions received in connection with public |
transportation from units of local government other than |
the Authority, except for contributions received by the |
Chicago Transit Authority from a real estate transfer tax |
imposed under subsection (i) of Section 8-3-19 of the |
Illinois Municipal Code, and from the State pursuant to |
subsection (i) of Section 2705-305 of the Department of |
Transportation Law, and all other revenues properly |
included consistent with generally accepted accounting |
principles but may not include: the proceeds from any |
borrowing, and, beginning with the 2007 fiscal year, all |
revenues and receipts, including but not limited to fares |
and grants received from the federal, State or any unit of |
local government or other entity, derived from providing |
ADA paratransit service pursuant to Section 2.30 of the |
Regional Transportation Authority Act. "Costs" include all |
items properly included as operating costs consistent with |
|
generally accepted accounting principles, including |
administrative costs, but do not include: depreciation; |
payment of principal and interest on bonds, notes or other |
evidences of obligations for borrowed money of the |
Authority; payments with respect to public transportation |
facilities made pursuant to subsection (b) of Section |
2.20; any payments with respect to rate protection |
contracts, credit enhancements or liquidity agreements |
made under Section 4.14; any other cost as to which it is |
reasonably expected that a cash expenditure will not be |
made; costs for passenger security including grants, |
contracts, personnel, equipment and administrative |
expenses, except in the case of the Chicago Transit |
Authority, in which case the term does not include costs |
spent annually by that entity for protection against crime |
as required by Section 27a of the Metropolitan Transit |
Authority Act; the costs of Debt Service paid by the |
Chicago Transit Authority, as defined in Section 12c of |
the Metropolitan Transit Authority Act, or bonds or notes |
issued pursuant to that Section; the payment by the |
Commuter Rail Division of debt service on bonds issued |
pursuant to Section 3B.09; expenses incurred by the |
Suburban Bus Division for the cost of new public |
transportation services funded from grants pursuant to |
Section 2.01e of this Act for a period of 2 years from the |
date of initiation of each such service; costs as exempted |
|
by the Board for projects pursuant to Section 2.09 of this |
Act; or, beginning with the 2007 fiscal year, expenses |
related to providing ADA paratransit service pursuant to |
Section 2.30 of the Regional Transportation Authority Act; |
or in fiscal years 2008 through 2012 inclusive, costs in |
the amount of $200,000,000 in fiscal year 2008, reducing |
by $40,000,000 in each fiscal year thereafter until this |
exemption is eliminated. If said system generated revenues |
are less than 50% of said costs, the Board shall remit an |
amount equal to the amount of the deficit to the State; |
however, due to the fiscal impacts from the COVID-19 |
pandemic, for fiscal years 2021, 2022, 2023, 2024, and |
2025, no such payment shall be required. The Treasurer |
shall deposit any such payment in the Road Fund; and |
(ii) whether, beginning with the 2007 fiscal year, the |
aggregate of all fares charged and received for ADA |
paratransit services equals the system generated ADA |
paratransit services revenue recovery ratio percentage of |
the aggregate of all costs of providing such ADA |
paratransit services. |
(h) If the Authority makes any payment to the State under |
paragraph (g), the Authority shall reduce the amount provided |
to a Service Board from funds transferred under paragraph (a) |
in proportion to the amount by which that Service Board failed |
to meet its required system generated revenues recovery ratio. |
A Service Board which is affected by a reduction in funds under |
|
this paragraph shall submit to the Authority concurrently with |
its next due quarterly report a revised budget incorporating |
the reduction in funds. The revised budget must meet the |
criteria specified in clauses (i) through (vi) of Section |
4.11(b)(2). The Board shall review and act on the revised |
budget as provided in Section 4.11(b)(3). |
(Source: P.A. 102-678, eff. 12-10-21; 103-281, eff. 1-1-24 .) |
Section 5-65. The Mental Health Early Action on Campus Act |
is amended by changing Section 55 as follows: |
(110 ILCS 58/55) |
Sec. 55. Funding. This Act is subject to appropriation. |
The Commission on Government Forecasting and Accountability, |
in conjunction with the Illinois Community College Board and |
the Board of Higher Education, must make recommendations to |
the General Assembly on the amounts necessary to implement |
this Act. The initial recommendation must be provided by the |
Commission no later than December 31, 2019. Any appropriation |
provided in advance of this initial recommendation may be used |
for planning purposes. No Section of this Act may be funded by |
student fees created on or after July 1, 2020. Public colleges |
or universities may seek federal funding or private grants, if |
available, to support the provisions of this Act. In order to |
raise mental health awareness on college campuses through |
training, peer support, and local partnerships, the Board of |
|
Higher Education may, subject to appropriation, establish and |
administer a grant program to assist public universities in |
implementing this Act. |
(Source: P.A. 101-251, eff. 8-9-19.) |
Section 5-70. The Illinois Health Benefits Exchange Law is |
amended by changing Section 5-30 as follows: |
(215 ILCS 122/5-30) |
(Section scheduled to be repealed on January 1, 2025) |
Sec. 5-30. Transfers from Insurance Producer |
Administration Fund. |
(a) During fiscal year 2024 only, at the direction of and |
upon notification from the Director of Insurance, the State |
Comptroller shall direct and the State Treasurer shall |
transfer up to a total of $10,000,000 from the Insurance |
Producer Administration Fund to the Illinois Health Benefits |
Exchange Fund. |
(b) During fiscal year 2025 only, at the direction of and |
upon notification from the Director of Insurance, the State |
Comptroller shall direct and the State Treasurer shall |
transfer up to a total of $15,500,000 from the Insurance |
Producer Administration Fund to the Illinois Health Benefits |
Exchange Fund. |
(c) This Section is repealed on January 1, 2026 2025 . |
(Source: P.A. 103-8, eff. 6-7-23.) |
|
Section 5-72. The African-American HIV/AIDS Response Act |
is amended by changing Section 27 as follows: |
(410 ILCS 303/27) |
Sec. 27. African-American HIV/AIDS Response Fund. |
(a) The African-American HIV/AIDS Response Fund is created |
as a special fund in the State treasury. Moneys deposited into |
the Fund shall, subject to appropriation, be used for grants |
for programs to prevent the transmission of HIV and other |
programs and activities consistent with the purposes of this |
Act, including, but not limited to, preventing and treating |
HIV/AIDS, the creation of an HIV/AIDS service delivery system, |
and the administration of the Act. The grants under this |
Section may be administered by a lead agent selected by the |
Department of Public Health, considering the entity's ability |
to administer grants and familiarity with the grantees' |
programs, and that selection shall be exempt from the public |
notice of funding opportunity under the Grant Accountability |
and Transparency Act or any rule regarding the public notice |
of funding opportunity adopted under that Act. The lead agent |
must demonstrate the ability to administer the grant to |
subgrantees in compliance with the requirements of the Grant |
Accountability and Transparency Act. Moneys for the Fund shall |
come from appropriations by the General Assembly, federal |
funds, and other public resources. |
|
(b) The Fund shall provide resources for communities in |
Illinois to create an HIV/AIDS service delivery system that |
reduces the disparity of HIV infection and AIDS cases between |
African-Americans and other population groups in Illinois that |
may be impacted by the disease by, including but, not limited |
to: |
(1) developing, implementing, and maintaining a |
comprehensive, culturally sensitive HIV Prevention Plan |
targeting communities that are identified as high-risk in |
terms of the impact of the disease on African-Americans; |
(2) developing, implementing, and maintaining a stable |
HIV/AIDS service delivery infrastructure in Illinois |
communities that will meet the needs of African-Americans; |
(3) developing, implementing, and maintaining a |
statewide HIV/AIDS testing program; |
(4) providing funding for HIV/AIDS social and |
scientific research to improve prevention and treatment; |
(5) providing comprehensive technical and other |
assistance to African-American community service |
organizations that are involved in HIV/AIDS prevention and |
treatment; |
(6) developing, implementing, and maintaining an |
infrastructure for African-American community service |
organizations to make them less dependent on government |
resources; |
(7) (blank); and |
|
(8) creating, maintaining, or creating and maintaining |
at least one Black-led Center of Excellence HIV Biomedical |
Resource Hub for every $3,000,000 of available funding to |
improve Black health and eliminate Black HIV-related |
health disparities; a Center of Excellence may be |
developed on a stand-alone or a collaborative basis and |
may provide regional comprehensive HIV preventative care |
and essential support services, which may include, but are |
not limited to, PrEP assessment, same day prescription |
delivery, primary HIV medical care or referral, case |
management, outpatient mental health, outpatient substance |
abuse, treatment, medication adherence, nutritional |
supplemental support, housing, financial assistance, |
workforce development, criminal justice involvement, and |
advocacy services. |
(c) When providing grants pursuant to this Fund, the |
Department of Public Health shall give priority to the |
development of comprehensive medical and social services to |
African-Americans at risk of infection from or infected with |
HIV/AIDS in areas of the State determined to have the greatest |
geographic prevalence of HIV/AIDS in the African-American |
population. |
(d) (Blank). |
(Source: P.A. 102-1052, eff. 1-1-23 .) |
Section 5-75. The Environmental Protection Act is amended |
|
by changing Sections 22.15, 55.6, and 57.11 as follows: |
(415 ILCS 5/22.15) |
Sec. 22.15. Solid Waste Management Fund; fees. |
(a) There is hereby created within the State Treasury a |
special fund to be known as the Solid Waste Management Fund, to |
be constituted from the fees collected by the State pursuant |
to this Section, from repayments of loans made from the Fund |
for solid waste projects, from registration fees collected |
pursuant to the Consumer Electronics Recycling Act, from fees |
collected under the Paint Stewardship Act, and from amounts |
transferred into the Fund pursuant to Public Act 100-433. |
Moneys received by either the Agency or the Department of |
Commerce and Economic Opportunity in repayment of loans made |
pursuant to the Illinois Solid Waste Management Act shall be |
deposited into the General Revenue Fund. |
(b) The Agency shall assess and collect a fee in the amount |
set forth herein from the owner or operator of each sanitary |
landfill permitted or required to be permitted by the Agency |
to dispose of solid waste if the sanitary landfill is located |
off the site where such waste was produced and if such sanitary |
landfill is owned, controlled, and operated by a person other |
than the generator of such waste. The Agency shall deposit all |
fees collected into the Solid Waste Management Fund. If a site |
is contiguous to one or more landfills owned or operated by the |
same person, the volumes permanently disposed of by each |
|
landfill shall be combined for purposes of determining the fee |
under this subsection. Beginning on July 1, 2018, and on the |
first day of each month thereafter during fiscal years 2019 |
through 2025 2024 , the State Comptroller shall direct and |
State Treasurer shall transfer an amount equal to 1/12 of |
$5,000,000 per fiscal year from the Solid Waste Management |
Fund to the General Revenue Fund. |
(1) If more than 150,000 cubic yards of non-hazardous |
solid waste is permanently disposed of at a site in a |
calendar year, the owner or operator shall either pay a |
fee of 95 cents per cubic yard or, alternatively, the |
owner or operator may weigh the quantity of the solid |
waste permanently disposed of with a device for which |
certification has been obtained under the Weights and |
Measures Act and pay a fee of $2.00 per ton of solid waste |
permanently disposed of. In no case shall the fee |
collected or paid by the owner or operator under this |
paragraph exceed $1.55 per cubic yard or $3.27 per ton. |
(2) If more than 100,000 cubic yards but not more than |
150,000 cubic yards of non-hazardous waste is permanently |
disposed of at a site in a calendar year, the owner or |
operator shall pay a fee of $52,630. |
(3) If more than 50,000 cubic yards but not more than |
100,000 cubic yards of non-hazardous solid waste is |
permanently disposed of at a site in a calendar year, the |
owner or operator shall pay a fee of $23,790. |
|
(4) If more than 10,000 cubic yards but not more than |
50,000 cubic yards of non-hazardous solid waste is |
permanently disposed of at a site in a calendar year, the |
owner or operator shall pay a fee of $7,260. |
(5) If not more than 10,000 cubic yards of |
non-hazardous solid waste is permanently disposed of at a |
site in a calendar year, the owner or operator shall pay a |
fee of $1050. |
(c) (Blank). |
(d) The Agency shall establish rules relating to the |
collection of the fees authorized by this Section. Such rules |
shall include, but not be limited to: |
(1) necessary records identifying the quantities of |
solid waste received or disposed; |
(2) the form and submission of reports to accompany |
the payment of fees to the Agency; |
(3) the time and manner of payment of fees to the |
Agency, which payments shall not be more often than |
quarterly; and |
(4) procedures setting forth criteria establishing |
when an owner or operator may measure by weight or volume |
during any given quarter or other fee payment period. |
(e) Pursuant to appropriation, all monies in the Solid |
Waste Management Fund shall be used by the Agency for the |
purposes set forth in this Section and in the Illinois Solid |
Waste Management Act, including for the costs of fee |
|
collection and administration, for administration of the Paint |
Stewardship Act, and for the administration of the Consumer |
Electronics Recycling Act, the Drug Take-Back Act, and the |
Statewide Recycling Needs Assessment Act. |
(f) The Agency is authorized to enter into such agreements |
and to promulgate such rules as are necessary to carry out its |
duties under this Section and the Illinois Solid Waste |
Management Act. |
(g) On the first day of January, April, July, and October |
of each year, beginning on July 1, 1996, the State Comptroller |
and Treasurer shall transfer $500,000 from the Solid Waste |
Management Fund to the Hazardous Waste Fund. Moneys |
transferred under this subsection (g) shall be used only for |
the purposes set forth in item (1) of subsection (d) of Section |
22.2. |
(h) The Agency is authorized to provide financial |
assistance to units of local government for the performance of |
inspecting, investigating, and enforcement activities pursuant |
to subsection (r) of Section 4 at nonhazardous solid waste |
disposal sites. |
(i) The Agency is authorized to conduct household waste |
collection and disposal programs. |
(j) A unit of local government, as defined in the Local |
Solid Waste Disposal Act, in which a solid waste disposal |
facility is located may establish a fee, tax, or surcharge |
with regard to the permanent disposal of solid waste. All |
|
fees, taxes, and surcharges collected under this subsection |
shall be utilized for solid waste management purposes, |
including long-term monitoring and maintenance of landfills, |
planning, implementation, inspection, enforcement and other |
activities consistent with the Illinois Solid Waste Management |
Act and the Local Solid Waste Disposal Act, or for any other |
environment-related purpose, including, but not limited to, an |
environment-related public works project, but not for the |
construction of a new pollution control facility other than a |
household hazardous waste facility. However, the total fee, |
tax or surcharge imposed by all units of local government |
under this subsection (j) upon the solid waste disposal |
facility shall not exceed: |
(1) 60¢ per cubic yard if more than 150,000 cubic |
yards of non-hazardous solid waste is permanently disposed |
of at the site in a calendar year, unless the owner or |
operator weighs the quantity of the solid waste received |
with a device for which certification has been obtained |
under the Weights and Measures Act, in which case the fee |
shall not exceed $1.27 per ton of solid waste permanently |
disposed of. |
(2) $33,350 if more than 100,000 cubic yards, but not |
more than 150,000 cubic yards, of non-hazardous waste is |
permanently disposed of at the site in a calendar year. |
(3) $15,500 if more than 50,000 cubic yards, but not |
more than 100,000 cubic yards, of non-hazardous solid |
|
waste is permanently disposed of at the site in a calendar |
year. |
(4) $4,650 if more than 10,000 cubic yards, but not |
more than 50,000 cubic yards, of non-hazardous solid waste |
is permanently disposed of at the site in a calendar year. |
(5) $650 if not more than 10,000 cubic yards of |
non-hazardous solid waste is permanently disposed of at |
the site in a calendar year. |
The corporate authorities of the unit of local government |
may use proceeds from the fee, tax, or surcharge to reimburse a |
highway commissioner whose road district lies wholly or |
partially within the corporate limits of the unit of local |
government for expenses incurred in the removal of |
nonhazardous, nonfluid municipal waste that has been dumped on |
public property in violation of a State law or local |
ordinance. |
For the disposal of solid waste from general construction |
or demolition debris recovery facilities as defined in |
subsection (a-1) of Section 3.160, the total fee, tax, or |
surcharge imposed by all units of local government under this |
subsection (j) upon the solid waste disposal facility shall |
not exceed 50% of the applicable amount set forth above. A unit |
of local government, as defined in the Local Solid Waste |
Disposal Act, in which a general construction or demolition |
debris recovery facility is located may establish a fee, tax, |
or surcharge on the general construction or demolition debris |
|
recovery facility with regard to the permanent disposal of |
solid waste by the general construction or demolition debris |
recovery facility at a solid waste disposal facility, provided |
that such fee, tax, or surcharge shall not exceed 50% of the |
applicable amount set forth above, based on the total amount |
of solid waste transported from the general construction or |
demolition debris recovery facility for disposal at solid |
waste disposal facilities, and the unit of local government |
and fee shall be subject to all other requirements of this |
subsection (j). |
A county or Municipal Joint Action Agency that imposes a |
fee, tax, or surcharge under this subsection may use the |
proceeds thereof to reimburse a municipality that lies wholly |
or partially within its boundaries for expenses incurred in |
the removal of nonhazardous, nonfluid municipal waste that has |
been dumped on public property in violation of a State law or |
local ordinance. |
If the fees are to be used to conduct a local sanitary |
landfill inspection or enforcement program, the unit of local |
government must enter into a written delegation agreement with |
the Agency pursuant to subsection (r) of Section 4. The unit of |
local government and the Agency shall enter into such a |
written delegation agreement within 60 days after the |
establishment of such fees. At least annually, the Agency |
shall conduct an audit of the expenditures made by units of |
local government from the funds granted by the Agency to the |
|
units of local government for purposes of local sanitary |
landfill inspection and enforcement programs, to ensure that |
the funds have been expended for the prescribed purposes under |
the grant. |
The fees, taxes or surcharges collected under this |
subsection (j) shall be placed by the unit of local government |
in a separate fund, and the interest received on the moneys in |
the fund shall be credited to the fund. The monies in the fund |
may be accumulated over a period of years to be expended in |
accordance with this subsection. |
A unit of local government, as defined in the Local Solid |
Waste Disposal Act, shall prepare and post on its website, in |
April of each year, a report that details spending plans for |
monies collected in accordance with this subsection. The |
report will at a minimum include the following: |
(1) The total monies collected pursuant to this |
subsection. |
(2) The most current balance of monies collected |
pursuant to this subsection. |
(3) An itemized accounting of all monies expended for |
the previous year pursuant to this subsection. |
(4) An estimation of monies to be collected for the |
following 3 years pursuant to this subsection. |
(5) A narrative detailing the general direction and |
scope of future expenditures for one, 2 and 3 years. |
The exemptions granted under Sections 22.16 and 22.16a, |
|
and under subsection (k) of this Section, shall be applicable |
to any fee, tax or surcharge imposed under this subsection |
(j); except that the fee, tax or surcharge authorized to be |
imposed under this subsection (j) may be made applicable by a |
unit of local government to the permanent disposal of solid |
waste after December 31, 1986, under any contract lawfully |
executed before June 1, 1986 under which more than 150,000 |
cubic yards (or 50,000 tons) of solid waste is to be |
permanently disposed of, even though the waste is exempt from |
the fee imposed by the State under subsection (b) of this |
Section pursuant to an exemption granted under Section 22.16. |
(k) In accordance with the findings and purposes of the |
Illinois Solid Waste Management Act, beginning January 1, 1989 |
the fee under subsection (b) and the fee, tax or surcharge |
under subsection (j) shall not apply to: |
(1) waste which is hazardous waste; |
(2) waste which is pollution control waste; |
(3) waste from recycling, reclamation or reuse |
processes which have been approved by the Agency as being |
designed to remove any contaminant from wastes so as to |
render such wastes reusable, provided that the process |
renders at least 50% of the waste reusable; the exemption |
set forth in this paragraph (3) of this subsection (k) |
shall not apply to general construction or demolition |
debris recovery facilities as defined in subsection (a-1) |
of Section 3.160; |
|
(4) non-hazardous solid waste that is received at a |
sanitary landfill and composted or recycled through a |
process permitted by the Agency; or |
(5) any landfill which is permitted by the Agency to |
receive only demolition or construction debris or |
landscape waste. |
(Source: P.A. 102-16, eff. 6-17-21; 102-310, eff. 8-6-21; |
102-444, eff. 8-20-21; 102-699, eff. 4-19-22; 102-813, eff. |
5-13-22; 102-1055, eff. 6-10-22; 103-8, eff. 6-7-23; 103-154, |
eff. 6-30-23; 103-372, eff. 1-1-24; 103-383, eff. 7-28-23; |
revised 12-15-23.) |
(415 ILCS 5/55.6) (from Ch. 111 1/2, par. 1055.6) |
Sec. 55.6. Used Tire Management Fund. |
(a) There is hereby created in the State Treasury a |
special fund to be known as the Used Tire Management Fund. |
There shall be deposited into the Fund all monies received as |
(1) recovered costs or proceeds from the sale of used tires |
under Section 55.3 of this Act, (2) repayment of loans from the |
Used Tire Management Fund, or (3) penalties or punitive |
damages for violations of this Title, except as provided by |
subdivision (b)(4) or (b)(4-5) of Section 42. |
(b) Beginning January 1, 1992, in addition to any other |
fees required by law, the owner or operator of each site |
required to be registered or permitted under subsection (d) or |
(d-5) of Section 55 shall pay to the Agency an annual fee of |
|
$100. Fees collected under this subsection shall be deposited |
into the Environmental Protection Permit and Inspection Fund. |
(c) Pursuant to appropriation, moneys up to an amount of |
$4 million per fiscal year from the Used Tire Management Fund |
shall be allocated as follows: |
(1) 38% shall be available to the Agency for the |
following purposes, provided that priority shall be given |
to item (i): |
(i) To undertake preventive, corrective or removal |
action as authorized by and in accordance with Section |
55.3, and to recover costs in accordance with Section |
55.3. |
(ii) For the performance of inspection and |
enforcement activities for used and waste tire sites. |
(iii) (Blank). |
(iv) To provide financial assistance to units of |
local government for the performance of inspecting, |
investigating and enforcement activities pursuant to |
subsection (r) of Section 4 at used and waste tire |
sites. |
(v) To provide financial assistance for used and |
waste tire collection projects sponsored by local |
government or not-for-profit corporations. |
(vi) For the costs of fee collection and |
administration relating to used and waste tires, and |
to accomplish such other purposes as are authorized by |
|
this Act and regulations thereunder. |
(vii) To provide financial assistance to units of |
local government and private industry for the purposes |
of: |
(A) assisting in the establishment of |
facilities and programs to collect, process, and |
utilize used and waste tires and tire-derived |
materials; |
(B) demonstrating the feasibility of |
innovative technologies as a means of collecting, |
storing, processing, and utilizing used and waste |
tires and tire-derived materials; and |
(C) applying demonstrated technologies as a |
means of collecting, storing, processing, and |
utilizing used and waste tires and tire-derived |
materials. |
(2) (Blank). |
(2.1) For the fiscal year beginning July 1, 2004 and |
for all fiscal years thereafter, 23% shall be deposited |
into the General Revenue Fund. Prior to the fiscal year |
beginning July 1, 2023, such transfers are at the |
direction of the Department of Revenue, and shall be made |
within 30 days after the end of each quarter. Beginning |
with the fiscal year beginning July 1, 2023, such |
transfers are at the direction of the Agency and shall be |
made within 30 days after the end of each quarter. |
|
(3) 25% shall be available to the Illinois Department |
of Public Health for the following purposes: |
(A) To investigate threats or potential threats to |
the public health related to mosquitoes and other |
vectors of disease associated with the improper |
storage, handling and disposal of tires, improper |
waste disposal, or natural conditions. |
(B) To conduct surveillance and monitoring |
activities for mosquitoes and other arthropod vectors |
of disease, and surveillance of animals which provide |
a reservoir for disease-producing organisms. |
(C) To conduct training activities to promote |
vector control programs and integrated pest management |
as defined in the Vector Control Act. |
(D) To respond to inquiries, investigate |
complaints, conduct evaluations and provide technical |
consultation to help reduce or eliminate public health |
hazards and nuisance conditions associated with |
mosquitoes and other vectors. |
(E) To provide financial assistance to units of |
local government for training, investigation and |
response to public nuisances associated with |
mosquitoes and other vectors of disease. |
(4) 2% shall be available to the Department of |
Agriculture for its activities under the Illinois |
Pesticide Act relating to used and waste tires. |
|
(5) 2% shall be available to the Pollution Control |
Board for administration of its activities relating to |
used and waste tires. |
(6) 10% shall be available to the University of |
Illinois for the Prairie Research Institute to perform |
research to study the biology, distribution, population |
ecology, and biosystematics of tire-breeding arthropods, |
especially mosquitoes, and the diseases they spread. |
(d) By January 1, 1998, and biennially thereafter, each |
State agency receiving an appropriation from the Used Tire |
Management Fund shall report to the Governor and the General |
Assembly on its activities relating to the Fund. |
(e) Any monies appropriated from the Used Tire Management |
Fund, but not obligated, shall revert to the Fund. |
(f) In administering the provisions of subdivisions (1), |
(2) and (3) of subsection (c) of this Section, the Agency, the |
Department of Commerce and Economic Opportunity, and the |
Illinois Department of Public Health shall ensure that |
appropriate funding assistance is provided to any municipality |
with a population over 1,000,000 or to any sanitary district |
which serves a population over 1,000,000. |
(g) Pursuant to appropriation, monies in excess of $4 |
million per fiscal year from the Used Tire Management Fund |
shall be used as follows: |
(1) 55% shall be available to the Agency and, in State |
fiscal year 2025 only, the Department of Commerce and |
|
Economic Opportunity for the following purposes, provided |
that priority shall be given to subparagraph (A): |
(A) To undertake preventive, corrective or renewed |
action as authorized by and in accordance with Section |
55.3 and to recover costs in accordance with Section |
55.3. |
(B) To provide financial assistance to units of |
local government and private industry for the purposes |
of: |
(i) assisting in the establishment of |
facilities and programs to collect, process, and |
utilize used and waste tires and tire-derived |
materials; |
(ii) demonstrating the feasibility of |
innovative technologies as a means of collecting, |
storing, processing, and utilizing used and waste |
tires and tire-derived materials; and |
(iii) applying demonstrated technologies as a |
means of collecting, storing, processing, and |
utilizing used and waste tires and tire-derived |
materials. |
(C) To provide grants to public universities and |
private industry for research and development related |
to reducing the toxicity of tires and tire materials, |
vector-related research, disease-related research, and |
for related laboratory-based equipment and field-based |
|
equipment. |
(2) (Blank). |
(3) For the fiscal year beginning July 1, 2004 and for |
all fiscal years thereafter, 45% shall be deposited into |
the General Revenue Fund. Prior to the fiscal year |
beginning July 1, 2023, such transfers are at the |
direction of the Department of Revenue, and shall be made |
within 30 days after the end of each quarter. Beginning |
with the fiscal year beginning July 1, 2023, such |
transfers are at the direction of the Agency and shall be |
made within 30 days after the end of each quarter. |
(Source: P.A. 103-363, eff. 7-28-23.) |
(415 ILCS 5/57.11) |
Sec. 57.11. Underground Storage Tank Fund; creation. |
(a) There is hereby created in the State Treasury a |
special fund to be known as the Underground Storage Tank Fund. |
There shall be deposited into the Underground Storage Tank |
Fund all moneys received by the Office of the State Fire |
Marshal as fees for underground storage tanks under Sections 4 |
and 5 of the Gasoline Storage Act, fees pursuant to the Motor |
Fuel Tax Law, and beginning July 1, 2013, payments pursuant to |
the Use Tax Act, the Service Use Tax Act, the Service |
Occupation Tax Act, and the Retailers' Occupation Tax Act. All |
amounts held in the Underground Storage Tank Fund shall be |
invested at interest by the State Treasurer. All income earned |
|
from the investments shall be deposited into the Underground |
Storage Tank Fund no less frequently than quarterly. In |
addition to any other transfers that may be provided for by |
law, beginning on July 1, 2018 and on the first day of each |
month thereafter during fiscal years 2019 through 2025 2024 |
only, the State Comptroller shall direct and the State |
Treasurer shall transfer an amount equal to 1/12 of |
$10,000,000 from the Underground Storage Tank Fund to the |
General Revenue Fund. Moneys in the Underground Storage Tank |
Fund, pursuant to appropriation, may be used by the Agency and |
the Office of the State Fire Marshal for the following |
purposes: |
(1) To take action authorized under Section 57.12 to |
recover costs under Section 57.12. |
(2) To assist in the reduction and mitigation of |
damage caused by leaks from underground storage tanks, |
including but not limited to, providing alternative water |
supplies to persons whose drinking water has become |
contaminated as a result of those leaks. |
(3) To be used as a matching amount towards federal |
assistance relative to the release of petroleum from |
underground storage tanks. |
(4) For the costs of administering activities of the |
Agency and the Office of the State Fire Marshal relative |
to the Underground Storage Tank Fund. |
(5) For payment of costs of corrective action incurred |
|
by and indemnification to operators of underground storage |
tanks as provided in this Title. |
(6) For a total of 2 demonstration projects in amounts |
in excess of a $10,000 deductible charge designed to |
assess the viability of corrective action projects at |
sites which have experienced contamination from petroleum |
releases. Such demonstration projects shall be conducted |
in accordance with the provision of this Title. |
(7) Subject to appropriation, moneys in the |
Underground Storage Tank Fund may also be used by the |
Department of Revenue for the costs of administering its |
activities relative to the Fund and for refunds provided |
for in Section 13a.8 of the Motor Fuel Tax Law. |
(b) Moneys in the Underground Storage Tank Fund may, |
pursuant to appropriation, be used by the Office of the State |
Fire Marshal or the Agency to take whatever emergency action |
is necessary or appropriate to assure that the public health |
or safety is not threatened whenever there is a release or |
substantial threat of a release of petroleum from an |
underground storage tank and for the costs of administering |
its activities relative to the Underground Storage Tank Fund. |
(c) Beginning July 1, 1993, the Governor shall certify to |
the State Comptroller and State Treasurer the monthly amount |
necessary to pay debt service on State obligations issued |
pursuant to Section 6 of the General Obligation Bond Act. On |
the last day of each month, the Comptroller shall order |
|
transferred and the Treasurer shall transfer from the |
Underground Storage Tank Fund to the General Obligation Bond |
Retirement and Interest Fund the amount certified by the |
Governor, plus any cumulative deficiency in those transfers |
for prior months. |
(d) Except as provided in subsection (c) of this Section, |
the Underground Storage Tank Fund is not subject to |
administrative charges authorized under Section 8h of the |
State Finance Act that would in any way transfer any funds from |
the Underground Storage Tank Fund into any other fund of the |
State. |
(e) Each fiscal year, subject to appropriation, the Agency |
may commit up to $10,000,000 of the moneys in the Underground |
Storage Tank Fund to the payment of corrective action costs |
for legacy sites that meet one or more of the following |
criteria as a result of the underground storage tank release: |
(i) the presence of free product, (ii) contamination within a |
regulated recharge area, a wellhead protection area, or the |
setback zone of a potable water supply well, (iii) |
contamination extending beyond the boundaries of the site |
where the release occurred, or (iv) such other criteria as may |
be adopted in Agency rules. |
(1) Fund moneys committed under this subsection (e) |
shall be held in the Fund for payment of the corrective |
action costs for which the moneys were committed. |
(2) The Agency may adopt rules governing the |
|
commitment of Fund moneys under this subsection (e). |
(3) This subsection (e) does not limit the use of Fund |
moneys at legacy sites as otherwise provided under this |
Title. |
(4) For the purposes of this subsection (e), the term |
"legacy site" means a site for which (i) an underground |
storage tank release was reported prior to January 1, |
2005, (ii) the owner or operator has been determined |
eligible to receive payment from the Fund for corrective |
action costs, and (iii) the Agency did not receive any |
applications for payment prior to January 1, 2010. |
(f) Beginning July 1, 2013, if the amounts deposited into |
the Fund from moneys received by the Office of the State Fire |
Marshal as fees for underground storage tanks under Sections 4 |
and 5 of the Gasoline Storage Act and as fees pursuant to the |
Motor Fuel Tax Law during a State fiscal year are sufficient to |
pay all claims for payment by the fund received during that |
State fiscal year, then the amount of any payments into the |
fund pursuant to the Use Tax Act, the Service Use Tax Act, the |
Service Occupation Tax Act, and the Retailers' Occupation Tax |
Act during that State fiscal year shall be deposited as |
follows: 75% thereof shall be paid into the State treasury and |
25% shall be reserved in a special account and used only for |
the transfer to the Common School Fund as part of the monthly |
transfer from the General Revenue Fund in accordance with |
Section 8a of the State Finance Act. |
|
(Source: P.A. 102-16, eff. 6-17-21; 102-699, eff. 4-19-22; |
103-8, eff. 6-7-23.) |
Section 5-78. The Open Space Lands Acquisition and |
Development Act is amended by changing Section 3 as follows: |
(525 ILCS 35/3) (from Ch. 85, par. 2103) |
Sec. 3. From appropriations made from the Capital |
Development Fund, Build Illinois Bond Fund or other available |
or designated funds for such purposes, the Department shall |
make grants to local governments as financial assistance for |
the capital development and improvement of park, recreation or |
conservation areas, marinas and shorelines, including planning |
and engineering costs, and for the acquisition of open space |
lands, including acquisition of easements and other property |
interests less than fee simple ownership if the Department |
determines that such property interests are sufficient to |
carry out the purposes of this Act, subject to the conditions |
and limitations set forth in this Act. |
No more than 10% of the amount so appropriated for any |
fiscal year may be committed or expended on any one project |
described in an application under this Act. |
Except for grants awarded from new appropriations in |
fiscal years year 2023 through and fiscal year 2025 2024 , any |
grant under this Act to a local government shall be |
conditioned upon the state providing assistance on a 50/50 |
|
matching basis for the acquisition of open space lands and for |
capital development and improvement proposals. However, a |
local government defined as "distressed" under criteria |
adopted by the Department through administrative rule shall be |
eligible for assistance up to 90% for the acquisition of open |
space lands and for capital development and improvement |
proposals, provided that no more than 10% of the amount |
appropriated under this Act in any fiscal year is made |
available as grants to distressed local governments. For |
grants awarded from new appropriations in fiscal years year |
2023 through and fiscal year 2025 2024 only, a local |
government defined as "distressed" is eligible for assistance |
up to 100% for the acquisition of open space lands and for |
capital development and improvement proposals. The Department |
may make more than 10% of the amount appropriated in fiscal |
years year 2023 through and fiscal year 2025 2024 available as |
grants to distressed local governments. |
An advance payment of a minimum of 50% of any grant made to |
a unit of local government under this Act must be paid to the |
unit of local government at the time the Department awards the |
grant. A unit of local government may opt out of the advanced |
payment option at the time of the award of the grant. The |
remainder of the grant shall be distributed to the local |
government quarterly on a reimbursement basis. The Department |
shall consider an applicant's request for an extension to a |
grant under this Act if (i) the advanced payment is expended or |
|
legally obligated within the 2 years required by Section 5 of |
the Illinois Grant Funds Recovery Act or (ii) no advanced |
payment was made. |
(Source: P.A. 102-200, eff. 7-30-21; 102-699, eff. 4-19-22; |
103-8, eff. 6-7-23.) |
Section 5-80. The Illinois Aeronautics Act is amended by |
changing Section 40 as follows: |
(620 ILCS 5/40) (from Ch. 15 1/2, par. 22.40) |
Sec. 40. Disposition of federal funds. All monies accepted |
for disbursement by the Department pursuant to Section 38 |
shall be deposited into the Federal/State/Local Airport Fund, |
which is established as a federal trust fund in the State |
treasury to be held by with the State Treasurer as ex officio |
ex-officio custodian . Moneys in the Federal/State/Local |
Airport Fund and shall be disbursed upon a voucher or order of |
Secretary of Transportation and paid by a warrant drawn by the |
State Comptroller and countersigned by the State Treasurer. |
All such monies are to be expended in accordance with Federal |
laws and rules and regulations thereunder and with this Act. |
The Department is authorized, whether acting for this State or |
as the agent of any of its municipalities or other political |
subdivision, or when requested by the United States Government |
or any agency or department thereof, subject to section 41, |
disburse such monies for the designated purposes, but this |
|
shall not preclude any other authorized method of |
disbursement. |
(Source: P.A. 81-840.) |
Section 5-85. The Violent Crime Witness Protection Act is |
amended by changing Sections 5, 10, 15, and 20 as follows: |
(725 ILCS 173/5) |
Sec. 5. Definitions Definition . As used in this Act : , |
"Local law enforcement agency" has the meaning given in |
Section 2 of the Illinois Police Training Act. |
" Violent violent crime" has the meaning given means a |
violent crime as that term is defined in Section 3 of the |
Rights of Crime Victims and Witnesses Act. |
(Source: P.A. 102-756, eff. 5-10-22.) |
(725 ILCS 173/10) |
Sec. 10. Financial Assistance Program. The No later than |
January 1, 2023, the Illinois Criminal Justice Information |
Authority , in consultation with the Office of the Attorney |
General, shall establish a program to provide financial |
assistance to State's Attorney's offices and local law |
enforcement agencies for the establishment and maintenance of |
violent crime witness protection programs. Grantees shall use |
funds to assist victims and witnesses who are actively aiding |
in the prosecution of perpetrators of violent crime, and |
|
appropriate related persons or victims and witnesses |
determined by the Authority to be at risk of a discernible |
threat of violent crime. The program shall be administered by |
the Illinois Criminal Justice Information Authority. The |
program shall offer, among other things, financial assistance, |
including financial assistance on an emergency basis, that may |
be provided upon application by a State's Attorney or the |
Attorney General, or a chief executive of a police agency from |
funds deposited in the Violent Crime Witness Protection |
Program Fund and appropriated from that Fund for the purposes |
of this Act. |
(Source: P.A. 102-756, eff. 5-10-22.) |
(725 ILCS 173/15) |
Sec. 15. Funding. The Illinois Criminal Justice |
Information Authority, in consultation with the Office of the |
Attorney General, shall adopt rules for the implementation of |
the Violent Crime Witness Protection Program. The Program |
Assistance shall be subject to the following limitations: |
(a) Grant funds may be used to reimburse grantees for |
expenses associated with preexisting violent crime witness |
protection programs, including, but not limited to, Funds |
shall be limited to payment of the following: |
(1) emergency or temporary living costs; |
(2) moving expenses; |
(3) rent; |
|
(3.5) utilities; |
(4) security deposits for rent and utilities; |
(5) other appropriate expenses of relocation or |
transition; |
(6) mental health treatment; and |
(7) lost wage assistance ; and |
(8) administrative costs . |
(b) Approval of applications made by State's Attorneys |
shall be conditioned upon county funding for costs at a |
level of at least 25%, unless this requirement is waived |
by the administrator, in accordance with adopted rules, |
for good cause shown. |
(c) (Blank). Counties providing assistance consistent |
with the limitations in this Act may apply for |
reimbursement of up to 75% of their costs. |
(d) No more than 50% of funding available in any given |
fiscal year may be used for costs associated with any |
single county. |
(d-5) Grant funds Funds may also be requested by local |
law enforcement agencies and, notwithstanding subsection |
(a), used to establish local violent crime witness |
protection programs. |
(e) Before the Illinois Criminal Justice Information |
Authority distributes moneys from the Violent Crime |
Witness Protection Program Fund as provided in this |
Section, it shall retain 5% of those moneys for |
|
administrative purposes. |
(f) (Blank). Direct reimbursement is allowed in whole |
or in part. |
(g) Implementation of the Violent Crime Witness |
Protection Program is subject to appropriation contingent |
upon and subject to there being made sufficient |
appropriations for implementation of that program . |
(Source: P.A. 102-756, eff. 5-10-22.) |
(725 ILCS 173/20) |
Sec. 20. Violent Crime Witness Protection Program Fund. |
There is created in the State treasury the Violent Crime |
Witness Protection Program Fund into which shall be deposited |
appropriated funds, grants, or other funds made available to |
the Illinois Criminal Justice Information Authority to assist |
State's Attorneys and local law enforcement agencies the |
Attorney General in protecting victims and witnesses who are |
aiding in the prosecution of perpetrators of violent crime, |
and appropriate related persons or victims and witnesses |
determined by the Authority to be at risk of a discernible |
threat of violent crime. |
(Source: P.A. 102-756, eff. 5-10-22.) |
Section 5-90. The Revised Uniform Unclaimed Property Act |
is amended by changing Section 15-801 as follows: |
|
(765 ILCS 1026/15-801) |
Sec. 15-801. Deposit of funds by administrator. |
(a) Except as otherwise provided in this Section, the |
administrator shall deposit in the Unclaimed Property Trust |
Fund all funds received under this Act, including proceeds |
from the sale of property under Article 7. The administrator |
may deposit any amount in the Unclaimed Property Trust Fund |
into the State Pensions Fund during the fiscal year at his or |
her discretion; however, he or she shall, on April 15 and |
October 15 of each year, deposit any amount in the Unclaimed |
Property Trust Fund exceeding $2,500,000 into the State |
Pensions Fund. If on either April 15 or October 15, the |
administrator determines that a balance of $2,500,000 is |
insufficient for the prompt payment of unclaimed property |
claims authorized under this Act, the administrator may retain |
more than $2,500,000 in the Unclaimed Property Trust Fund in |
order to ensure the prompt payment of claims. Beginning in |
State fiscal year 2026 2025 , all amounts that are deposited |
into the State Pensions Fund from the Unclaimed Property Trust |
Fund shall be apportioned to the designated retirement systems |
as provided in subsection (c-6) of Section 8.12 of the State |
Finance Act to reduce their actuarial reserve deficiencies. |
(b) The administrator shall make prompt payment of claims |
he or she duly allows as provided for in this Act from the |
Unclaimed Property Trust Fund. This shall constitute an |
irrevocable and continuing appropriation of all amounts in the |
|
Unclaimed Property Trust Fund necessary to make prompt payment |
of claims duly allowed by the administrator pursuant to this |
Act. |
(Source: P.A. 102-16, eff. 6-17-21; 102-699, eff. 4-19-22; |
103-8, eff. 6-7-23.) |
Section 5-95. The Unemployment Insurance Act is amended by |
changing Section 2103 as follows: |
(820 ILCS 405/2103) (from Ch. 48, par. 663) |
Sec. 2103. Unemployment compensation administration and |
other workforce development costs. All moneys received by the |
State or by the Department from any source for the financing of |
the cost of administration of this Act, including all federal |
moneys allotted or apportioned to the State or to the |
Department for that purpose, including moneys received |
directly or indirectly from the federal government under the |
Job Training Partnership Act, and including moneys received |
from the Railroad Retirement Board as compensation for |
services or facilities supplied to said Board, or any moneys |
made available by this State or its political subdivisions and |
matched by moneys granted to this State pursuant to the |
provisions of the Wagner-Peyser Act, shall be received and |
held by the State Treasurer as ex officio ex-officio custodian |
thereof, separate and apart from all other State moneys, in |
the Title III Social Security and Employment Fund, and such |
|
funds shall be distributed or expended upon the direction of |
the Director and, except money received pursuant to the last |
paragraph of Section 2100B, shall be distributed or expended |
solely for the purposes and in the amounts found necessary by |
the Secretary of Labor of the United States of America, or |
other appropriate federal agency, for the proper and efficient |
administration of this Act. Notwithstanding any provision of |
this Section, all money requisitioned and deposited with the |
State Treasurer pursuant to the last paragraph of Section |
2100B shall remain part of the unemployment trust fund and |
shall be used only in accordance with the conditions specified |
in the last paragraph of Section 2100B. |
If any moneys received from the Secretary of Labor, or |
other appropriate federal agency, under Title III of the |
Social Security Act, or any moneys granted to this State |
pursuant to the provisions of the Wagner-Peyser Act, or any |
moneys made available by this State or its political |
subdivisions and matched by moneys granted to this State |
pursuant to the provisions of the Wagner-Peyser Act, are found |
by the Secretary of Labor, or other appropriate Federal |
agency, because of any action or contingency, to have been |
lost or expended for purposes other than, or in amounts in |
excess of, those found necessary, by the Secretary of Labor, |
or other appropriate Federal agency, for the proper |
administration of this Act, it is the policy of this State that |
such moneys shall be replaced by moneys appropriated for such |
|
purpose from the general funds of this State for expenditure |
as provided in the first paragraph of this Section. The |
Director shall report to the Governor's Office of Management |
and Budget, in the same manner as is provided generally for the |
submission by State Departments of financial requirements for |
the ensuing fiscal year, and the Governor shall include in his |
budget report to the next regular session of the General |
Assembly, the amount required for such replacement. |
Moneys in the Title III Social Security and Employment |
Fund shall not be commingled with other State funds, but they |
shall be deposited as required by law and maintained in a |
separate account on the books of a savings and loan |
association or bank. |
The State Treasurer shall be liable on his general |
official bond for the faithful performance of his duties as |
custodian of all moneys in the Title III Social Security and |
Employment Fund. Such liability on his official bond shall |
exist in addition to the liability upon any separate bond |
given by him. All sums recovered for losses sustained by the |
fund herein described shall be deposited therein. |
Upon the effective date of Public Act 85-956 this |
amendatory Act of 1987 (January 1, 1988), the Comptroller |
shall transfer all unobligated funds from the Job Training |
Fund into the Title III Social Security and Employment Fund. |
On September 1, 2000, or as soon thereafter as may be |
reasonably practicable, the State Comptroller shall transfer |
|
all unobligated moneys from the Job Training Partnership Fund |
into the Title III Social Security and Employment Fund. The |
moneys transferred pursuant to Public Act 91-704 this |
amendatory Act may be used or expended for purposes consistent |
with the conditions under which those moneys were received by |
the State. |
Beginning on July 1, 2000 ( the effective date of Public |
Act 91-704) this amendatory Act of the 91st General Assembly , |
all moneys that would otherwise be deposited into the Job |
Training Partnership Fund shall instead be deposited into the |
Title III Social Security and Employment Fund, to be used for |
purposes consistent with the conditions under which those |
moneys are received by the State, except that any moneys that |
may be necessary to pay liabilities outstanding as of June 30, |
2000 shall be deposited into the Job Training Partnership |
Fund. |
On July 1, 2024, or as soon thereafter as practical, after |
making all necessary payments to the Federal Emergency |
Management Agency related to the federal Lost Wages Assistance |
program, the Director shall report to the Governor's Office of |
Management and Budget all amounts remaining in the Title III |
Social Security and Employment Fund from an appropriation to |
the Department for the purpose of making payments to the |
Federal Emergency Management Agency. At the direction of the |
Director of the Governor's Office of Management and Budget, |
the Comptroller shall direct and the Treasurer shall transfer |
|
the reported amount from the Title III Social Security and |
Employment Fund to the General Revenue Fund. |
(Source: P.A. 97-791, eff. 1-1-13.) |
Article 10. |
Section 10-5. The Illinois Administrative Procedure Act is |
amended by adding Sections 5-45.55 and 5-45.56 as follows: |
(5 ILCS 100/5-45.55 new) |
Sec. 5-45.55. Emergency rulemaking; Substance Use Disorder |
Act. To provide for the expeditious and timely implementation |
of the changes made to Section 55-30 of the Substance Use |
Disorder Act by this amendatory Act of the 103rd General |
Assembly, emergency rules implementing the changes made to |
that Section by this amendatory Act of the 103rd General |
Assembly may be adopted in accordance with Section 5-45 by the |
Department of Human Services or other department essential to |
the implementation of the changes. The adoption of emergency |
rules authorized by Section 5-45 and this Section is deemed to |
be necessary for the public interest, safety, and welfare. |
This Section is repealed one year after the effective date |
of this Section. |
(5 ILCS 100/5-45.56 new) |
Sec. 5-45.56. Emergency rulemaking; Illinois Public Aid |
|
Code. To provide for the expeditious and timely implementation |
of the changes made to the Illinois Public Aid Code by this |
amendatory Act of the 103rd General Assembly, emergency rules |
implementing the changes made to that Code by this amendatory |
Act of the 103rd General Assembly may be adopted in accordance |
with Section 5-45 by the Department of Healthcare and Family |
Services, the Department of Human Services, or other |
departments essential to the implementation of the changes. |
The adoption of emergency rules authorized by Section 5-45 and |
this Section is deemed to be necessary for the public |
interest, safety, and welfare. |
This Section is repealed one year after the effective date |
of this Section. |
Section 10-10. The Substance Use Disorder Act is amended |
by changing Section 55-30 as follows: |
(20 ILCS 301/55-30) |
Sec. 55-30. Rate increase. |
(a) The Department shall by rule develop the increased |
rate methodology and annualize the increased rate beginning |
with State fiscal year 2018 contracts to licensed providers of |
community-based substance use disorder intervention or |
treatment, based on the additional amounts appropriated for |
the purpose of providing a rate increase to licensed |
providers. The Department shall adopt rules, including |
|
emergency rules under subsection (y) of Section 5-45 of the |
Illinois Administrative Procedure Act, to implement the |
provisions of this Section. |
(b) (Blank). |
(c) Beginning on July 1, 2022, the Division of Substance |
Use Prevention and Recovery shall increase reimbursement rates |
for all community-based substance use disorder treatment and |
intervention services by 47%, including, but not limited to, |
all of the following: |
(1) Admission and Discharge Assessment. |
(2) Level 1 (Individual). |
(3) Level 1 (Group). |
(4) Level 2 (Individual). |
(5) Level 2 (Group). |
(6) Case Management. |
(7) Psychiatric Evaluation. |
(8) Medication Assisted Recovery. |
(9) Community Intervention. |
(10) Early Intervention (Individual). |
(11) Early Intervention (Group). |
Beginning in State Fiscal Year 2023, and every State |
fiscal year thereafter, reimbursement rates for those |
community-based substance use disorder treatment and |
intervention services shall be adjusted upward by an amount |
equal to the Consumer Price Index-U from the previous year, |
not to exceed 2% in any State fiscal year. If there is a |
|
decrease in the Consumer Price Index-U, rates shall remain |
unchanged for that State fiscal year. The Department shall |
adopt rules, including emergency rules in accordance with the |
Illinois Administrative Procedure Act, to implement the |
provisions of this Section. |
As used in this Section, "Consumer Price Index-U" |
subsection, "consumer price index-u" means the index published |
by the Bureau of Labor Statistics of the United States |
Department of Labor that measures the average change in prices |
of goods and services purchased by all urban consumers, United |
States city average, all items, 1982-84 = 100. |
(d) Beginning on January 1, 2024, subject to federal |
approval, the Division of Substance Use Prevention and |
Recovery shall increase reimbursement rates for all ASAM level |
3 residential/inpatient substance use disorder treatment and |
intervention services by 30%, including, but not limited to, |
the following services: |
(1) ASAM level 3.5 Clinically Managed High-Intensity |
Residential Services for adults; |
(2) ASAM level 3.5 Clinically Managed Medium-Intensity |
Residential Services for adolescents; |
(3) ASAM level 3.2 Clinically Managed Residential |
Withdrawal Management; |
(4) ASAM level 3.7 Medically Monitored Intensive |
Inpatient Services for adults and Medically Monitored |
High-Intensity Inpatient Services for adolescents; and |
|
(5) ASAM level 3.1 Clinically Managed Low-Intensity |
Residential Services for adults and adolescents. |
(e) Beginning in State fiscal year 2025, and every State |
fiscal year thereafter, reimbursement rates for licensed or |
certified substance use disorder treatment providers of ASAM |
Level 3 residential/inpatient services for persons with |
substance use disorders shall be adjusted upward by an amount |
equal to the Consumer Price Index-U from the previous year, |
not to exceed 2% in any State fiscal year. If there is a |
decrease in the Consumer Price Index-U, rates shall remain |
unchanged for that State fiscal year. The Department shall |
adopt rules, including emergency rules, in accordance with the |
Illinois Administrative Procedure Act, to implement the |
provisions of this Section. |
(Source: P.A. 102-699, eff. 4-19-22; 103-102, eff. 6-16-23.) |
(20 ILCS 302/Act rep.) |
Section 10-15. The Substance Use Disorder Rate Equity Act |
is repealed. |
(20 ILCS 303/Act rep.) |
Section 10-20. The Substance Use Disorder Residential and |
Detox Rate Equity Act is repealed. |
(20 ILCS 2205/2205-31 rep.) |
Section 10-25. The Department of Healthcare and Family |
|
Services Law of the Civil Administrative Code of Illinois is |
amended by repealing Section 2205-31. |
Section 10-30. The Department of Public Health Powers and |
Duties Law of the Civil Administrative Code of Illinois is |
amended by adding Section 2310-730 as follows: |
(20 ILCS 2310/2310-730 new) |
Sec. 2310-730. Health care telementoring. |
(a) Subject to appropriation, the Department shall |
designate one or more health care telementoring entities based |
on an application to be developed by the Department. |
Applicants shall demonstrate a record of expertise and |
demonstrated success in providing health care telementoring |
services. The Department may adopt rules necessary for the |
implementation of this Section. Funding may be provided based |
on the number of health care providers or professionals who |
are assisted by each approved health care telementoring entity |
and the hours of assistance provided to each health care |
provider or professional in addition to other factors as |
determined by the Director. |
(b) In this Section: |
"Health care providers or professionals" means individuals |
trained to provide health care or related services. "Health |
care providers or professionals" includes, but is not limited |
to, physicians, nurses, physician assistants, speech language |
|
pathologists, social workers, and school personnel involved in |
screening for targeted conditions and providing support to |
students impacted by those conditions. |
"Health care telementoring" means a program: |
(1) that is based on interactive video or phone |
technology that connects groups of local health care |
providers or professionals in urban and rural underserved |
areas with specialists in regular real-time collaborative |
sessions; |
(2) that is designed around case-based learning and |
mentorship; and |
(3) that helps local health care providers or |
professionals gain the expertise required to more |
effectively provide needed services. |
"Health care telementoring" includes, but is not limited |
to, a program provided to improve services in one or more of a |
variety of areas, including, but not limited to, chronic |
disease, communicable disease, atypical vision or hearing, |
adolescent health, Hepatitis C, complex diabetes, geriatrics, |
mental illness, opioid use disorders, substance use disorders, |
maternity care, childhood adversity and trauma, pediatric |
ADHD, congregate settings, including justice involved systems, |
and other priorities identified by the Department. |
Section 10-32. The State Finance Act is amended by adding |
Sections 5.1017 and 6z-141 as follows: |
|
(30 ILCS 105/5.1017 new) |
Sec. 5.1017. The Health Equity and Access Fund. |
(30 ILCS 105/6z-141 new) |
Sec. 6z-141. Health Equity and Access Fund. |
(a) The Health Equity and Access Fund is hereby created as |
a special fund in the State treasury and may receive moneys |
from any source, public or private, including moneys |
appropriated to the Department of Healthcare and Family |
Services. Interest earned on moneys in the Fund shall be |
deposited into the Fund. |
(b) Subject to appropriation, moneys in the Fund may be |
used by the Department of Healthcare and Family Services to |
pay for medical expenses or grants that advance health equity |
initiatives in Illinois. |
(c) The Department of Healthcare and Family Services may |
adopt rules to implement and administer the health equity |
initiative described in this Section. |
Section 10-35. The Illinois Public Aid Code is amended by |
changing Sections 5-47 and 16-2 and by adding Section 12-4.13e |
as follows: |
(305 ILCS 5/5-47) |
Sec. 5-47. Medicaid reimbursement rates; substance use |
|
disorder treatment providers and facilities. |
(a) Beginning on January 1, 2024, subject to federal |
approval, the Department of Healthcare and Family Services, in |
conjunction with the Department of Human Services' Division of |
Substance Use Prevention and Recovery, shall provide a 30% |
increase in reimbursement rates for all Medicaid-covered ASAM |
Level 3 residential/inpatient substance use disorder treatment |
services. |
No existing or future reimbursement rates or add-ons shall |
be reduced or changed to address this proposed rate increase. |
No later than 3 months after June 16, 2023 ( the effective date |
of Public Act 103-102) this amendatory Act of the 103rd |
General Assembly , the Department of Healthcare and Family |
Services shall submit any necessary application to the federal |
Centers for Medicare and Medicaid Services to implement the |
requirements of this Section. |
(a-5) Beginning in State fiscal year 2025, and every State |
fiscal year thereafter, reimbursement rates for licensed or |
certified substance use disorder treatment providers of ASAM |
Level 3 residential/inpatient services for persons with |
substance use disorders shall be adjusted upward by an amount |
equal to the Consumer Price Index-U from the previous year, |
not to exceed 2% in any State fiscal year. If there is a |
decrease in the Consumer Price Index-U, rates shall remain |
unchanged for that State fiscal year. The Department shall |
adopt rules, including emergency rules, in accordance with the |
|
Illinois Administrative Procedure Act, to implement the |
provisions of this Section. |
As used in this Section, "Consumer Price Index-U" means |
the index published by the Bureau of Labor Statistics of the |
United States Department of Labor that measures the average |
change in prices of goods and services purchased by all urban |
consumers, United States city average, all items, 1982-84 = |
100. |
(b) Parity in community-based behavioral health rates; |
implementation plan for cost reporting. For the purpose of |
understanding behavioral health services cost structures and |
their impact on the Medical Assistance Program, the Department |
of Healthcare and Family Services shall engage stakeholders to |
develop a plan for the regular collection of cost reporting |
for all entity-based substance use disorder providers. Data |
shall be used to inform on the effectiveness and efficiency of |
Illinois Medicaid rates. The Department and stakeholders shall |
develop a plan by April 1, 2024. The Department shall engage |
stakeholders on implementation of the plan. The plan, at |
minimum, shall consider all of the following: |
(1) Alignment with certified community behavioral |
health clinic requirements, standards, policies, and |
procedures. |
(2) Inclusion of prospective costs to measure what is |
needed to increase services and capacity. |
(3) Consideration of differences in collection and |
|
policies based on the size of providers. |
(4) Consideration of additional administrative time |
and costs. |
(5) Goals, purposes, and usage of data collected from |
cost reports. |
(6) Inclusion of qualitative data in addition to |
quantitative data. |
(7) Technical assistance for providers for completing |
cost reports including initial training by the Department |
for providers. |
(8) Implementation of a timeline which allows an |
initial grace period for providers to adjust internal |
procedures and data collection. |
Details from collected cost reports shall be made publicly |
available on the Department's website and costs shall be used |
to ensure the effectiveness and efficiency of Illinois |
Medicaid rates. |
(c) Reporting; access to substance use disorder treatment |
services and recovery supports. By no later than April 1, |
2024, the Department of Healthcare and Family Services, with |
input from the Department of Human Services' Division of |
Substance Use Prevention and Recovery, shall submit a report |
to the General Assembly regarding access to treatment services |
and recovery supports for persons diagnosed with a substance |
use disorder. The report shall include, but is not limited to, |
the following information: |
|
(1) The number of providers enrolled in the Illinois |
Medical Assistance Program certified to provide substance |
use disorder treatment services, aggregated by ASAM level |
of care, and recovery supports. |
(2) The number of Medicaid customers in Illinois with |
a diagnosed substance use disorder receiving substance use |
disorder treatment, aggregated by provider type and ASAM |
level of care. |
(3) A comparison of Illinois' substance use disorder |
licensure and certification requirements with those of |
comparable state Medicaid programs. |
(4) Recommendations for and an analysis of the impact |
of aligning reimbursement rates for outpatient substance |
use disorder treatment services with reimbursement rates |
for community-based mental health treatment services. |
(5) Recommendations for expanding substance use |
disorder treatment to other qualified provider entities |
and licensed professionals of the healing arts. The |
recommendations shall include an analysis of the |
opportunities to maximize the flexibilities permitted by |
the federal Centers for Medicare and Medicaid Services for |
expanding access to the number and types of qualified |
substance use disorder providers. |
(Source: P.A. 103-102, eff. 6-16-23; revised 9-26-23.) |
(305 ILCS 5/12-4.13e new) |
|
Sec. 12-4.13e. Summer EBT Program. |
(a) Subject to federal approval, the Department of Human |
Services may establish and participate in the federal Summer |
Electronic Benefit Transfer Program for Children, which may be |
referred to as the Summer EBT Program. |
(b) The Summer EBT Program Fund is established as a |
federal trust fund in the State treasury. The fund is |
established to receive moneys from the federal government for |
the Summer EBT Program. Subject to appropriation, moneys in |
the Summer EBT Program Fund shall be expended by the |
Department of Human Services only for those purposes permitted |
under the federal Summer Electronic Benefit Transfer Program |
for Children. |
(c) The Department of Human Services is authorized to |
adopt any rules, including emergency rules, necessary to |
implement the provisions of this Section. |
(305 ILCS 5/16-2) |
Sec. 16-2. Eligibility. Subject to available funding, a A |
foreign-born victim of trafficking, torture, or other serious |
crimes and the individual's his or her derivative family |
members , but not a single adult without derivative family |
members, are eligible for cash assistance or SNAP benefits |
under this Article if the individual : |
(a) has filed he or she : |
(1) has filed or is preparing to file an |
|
application for T Nonimmigrant status with the |
appropriate federal agency pursuant to Section |
1101(a)(15)(T) of Title 8 of the United States Code, |
or is otherwise taking steps to meet the conditions |
for federal benefits eligibility under Section 7105 of |
Title 22 of the United States Code; |
(2) has filed or is preparing to file a formal |
application with the appropriate federal agency for |
status pursuant to Section 1101(a)(15)(U) of Title 8 |
of the United States Code; or |
(3) has filed or is preparing to file a formal |
application with the appropriate federal agency for |
status under Section 1158 of Title 8 of the United |
States Code; and |
(b) he or she is otherwise eligible for cash assistance or |
SNAP benefits, as applicable. |
An individual residing in an institution or other setting |
that provides the majority of the individual's daily meals is |
not eligible for SNAP benefits. |
(Source: P.A. 99-870, eff. 8-22-16; 100-201, eff. 8-18-17.) |
Section 10-40. The Intergenerational Poverty Act is |
amended by changing Section 95-504 as follows: |
(305 ILCS 70/95-504) |
Sec. 95-504. Duties of the Director of the Governor's |
|
Office of Management and Budget. The Director of the |
Governor's Office of Management and Budget shall include in |
the materials submitted to the General Assembly outlining the |
Governor's proposed annual budget a description of any budget |
proposals or other activities, ongoing projects, and plans of |
the executive branch designed to meet the goals and objectives |
of the strategic plan and any other information related to the |
proposed annual budget that the Director of the Governor's |
Office of Management and Budget believes furthers the goals |
and objectives of the strategic plan . The information shall |
include the following: |
(1) An accounting of the savings to the State from any |
increased efficiencies in the delivery of services. |
(2) Any savings realized from reducing the number of |
individuals living in poverty and reducing the demand for |
need-based services and benefits. |
(3) A projection of any increase in revenue |
collections due to any increase in the number of |
individuals who become employed and pay taxes into the |
State treasury. |
(4) Any other information related to the proposed |
annual budget that the Director of the Governor's Office |
of Management and Budget believes furthers the goals and |
objectives of the strategic plan. |
(Source: P.A. 101-636, eff. 6-10-20.) |
|
Article 15. |
Section 15-5. The Illinois Pension Code is amended by |
changing Sections 2-134, 14-131, 15-165, 16-158, and 18-140 as |
follows: |
(40 ILCS 5/2-134) (from Ch. 108 1/2, par. 2-134) |
Sec. 2-134. To certify required State contributions and |
submit vouchers. |
(a) The Board shall certify to the Governor on or before |
December 15 of each year until December 15, 2011 the amount of |
the required State contribution to the System for the next |
fiscal year and shall specifically identify the System's |
projected State normal cost for that fiscal year. The |
certification shall include a copy of the actuarial |
recommendations upon which it is based and shall specifically |
identify the System's projected State normal cost for that |
fiscal year. |
On or before November 1 of each year, beginning November |
1, 2012, the Board shall submit to the State Actuary, the |
Governor, and the General Assembly a proposed certification of |
the amount of the required State contribution to the System |
for the next fiscal year, along with all of the actuarial |
assumptions, calculations, and data upon which that proposed |
certification is based. On or before January 1 of each year |
beginning January 1, 2013, the State Actuary shall issue a |
|
preliminary report concerning the proposed certification and |
identifying, if necessary, recommended changes in actuarial |
assumptions that the Board must consider before finalizing its |
certification of the required State contributions. On or |
before January 15, 2013 and every January 15 thereafter, the |
Board shall certify to the Governor and the General Assembly |
the amount of the required State contribution for the next |
fiscal year. The Board's certification must note any |
deviations from the State Actuary's recommended changes, the |
reason or reasons for not following the State Actuary's |
recommended changes, and the fiscal impact of not following |
the State Actuary's recommended changes on the required State |
contribution. |
On or before May 1, 2004, the Board shall recalculate and |
recertify to the Governor the amount of the required State |
contribution to the System for State fiscal year 2005, taking |
into account the amounts appropriated to and received by the |
System under subsection (d) of Section 7.2 of the General |
Obligation Bond Act. |
On or before July 1, 2005, the Board shall recalculate and |
recertify to the Governor the amount of the required State |
contribution to the System for State fiscal year 2006, taking |
into account the changes in required State contributions made |
by this amendatory Act of the 94th General Assembly. |
On or before April 1, 2011, the Board shall recalculate |
and recertify to the Governor the amount of the required State |
|
contribution to the System for State fiscal year 2011, |
applying the changes made by Public Act 96-889 to the System's |
assets and liabilities as of June 30, 2009 as though Public Act |
96-889 was approved on that date. |
By November 1, 2017, the Board shall recalculate and |
recertify to the State Actuary, the Governor, and the General |
Assembly the amount of the State contribution to the System |
for State fiscal year 2018, taking into account the changes in |
required State contributions made by this amendatory Act of |
the 100th General Assembly. The State Actuary shall review the |
assumptions and valuations underlying the Board's revised |
certification and issue a preliminary report concerning the |
proposed recertification and identifying, if necessary, |
recommended changes in actuarial assumptions that the Board |
must consider before finalizing its certification of the |
required State contributions. The Board's final certification |
must note any deviations from the State Actuary's recommended |
changes, the reason or reasons for not following the State |
Actuary's recommended changes, and the fiscal impact of not |
following the State Actuary's recommended changes on the |
required State contribution. |
(b) Unless otherwise directed by the Comptroller under |
subsection (b-1), Beginning in State fiscal year 1996, on or |
as soon as possible after the 15th day of each month the Board |
shall submit vouchers for payment of State contributions to |
the System for the applicable month on the 15th day of each |
|
month, or as soon thereafter as may be practicable. The amount |
vouchered for a monthly payment shall total , in a total |
monthly amount of one-twelfth of the required annual State |
contribution certified under subsection (a). |
(b-1) Beginning in State fiscal year 2025, if the |
Comptroller requests that the Board submit, during a State |
fiscal year, vouchers for multiple monthly payments for |
advance payment of State contributions due to the System for |
that State fiscal year, then the Board shall submit those |
additional monthly vouchers as directed by the Comptroller, |
notwithstanding subsection (b). Unless an act of |
appropriations provides otherwise, nothing in this Section |
authorizes the Board to submit, in a State fiscal year, |
vouchers for the payment of State contributions to the System |
in an amount that exceeds the rate of payroll that is certified |
by the System under this Section for that State fiscal year. |
From the effective date of this amendatory Act of the 93rd |
General Assembly through June 30, 2004, the Board shall not |
submit vouchers for the remainder of fiscal year 2004 in |
excess of the fiscal year 2004 certified contribution amount |
determined under this Section after taking into consideration |
the transfer to the System under subsection (d) of Section |
6z-61 of the State Finance Act. |
(b-2) The These vouchers described in subsections (b) and |
(b-1) shall be paid by the State Comptroller and Treasurer by |
warrants drawn on the funds appropriated to the System for |
|
that fiscal year. |
If in any month the amount remaining unexpended from all |
other appropriations to the System for the applicable fiscal |
year (including the appropriations to the System under Section |
8.12 of the State Finance Act and Section 1 of the State |
Pension Funds Continuing Appropriation Act) is less than the |
amount lawfully vouchered under this Section, the difference |
shall be paid from the General Revenue Fund under the |
continuing appropriation authority provided in Section 1.1 of |
the State Pension Funds Continuing Appropriation Act. |
(c) The full amount of any annual appropriation for the |
System for State fiscal year 1995 shall be transferred and |
made available to the System at the beginning of that fiscal |
year at the request of the Board. Any excess funds remaining at |
the end of any fiscal year from appropriations shall be |
retained by the System as a general reserve to meet the |
System's accrued liabilities. |
(Source: P.A. 100-23, eff. 7-6-17.) |
(40 ILCS 5/14-131) |
Sec. 14-131. Contributions by State. |
(a) The State shall make contributions to the System by |
appropriations of amounts which, together with other employer |
contributions from trust, federal, and other funds, employee |
contributions, investment income, and other income, will be |
sufficient to meet the cost of maintaining and administering |
|
the System on a 90% funded basis in accordance with actuarial |
recommendations. |
For the purposes of this Section and Section 14-135.08, |
references to State contributions refer only to employer |
contributions and do not include employee contributions that |
are picked up or otherwise paid by the State or a department on |
behalf of the employee. |
(b) The Board shall determine the total amount of State |
contributions required for each fiscal year on the basis of |
the actuarial tables and other assumptions adopted by the |
Board, using the formula in subsection (e). |
The Board shall also determine a State contribution rate |
for each fiscal year, expressed as a percentage of payroll, |
based on the total required State contribution for that fiscal |
year (less the amount received by the System from |
appropriations under Section 8.12 of the State Finance Act and |
Section 1 of the State Pension Funds Continuing Appropriation |
Act, if any, for the fiscal year ending on the June 30 |
immediately preceding the applicable November 15 certification |
deadline), the estimated payroll (including all forms of |
compensation) for personal services rendered by eligible |
employees, and the recommendations of the actuary. |
For the purposes of this Section and Section 14.1 of the |
State Finance Act, the term "eligible employees" includes |
employees who participate in the System, persons who may elect |
to participate in the System but have not so elected, persons |
|
who are serving a qualifying period that is required for |
participation, and annuitants employed by a department as |
described in subdivision (a)(1) or (a)(2) of Section 14-111. |
(c) Contributions shall be made by the several departments |
for each pay period by warrants drawn by the State Comptroller |
against their respective funds or appropriations based upon |
vouchers stating the amount to be so contributed. These |
amounts shall be based on the full rate certified by the Board |
under Section 14-135.08 for that fiscal year. From March 5, |
2004 (the effective date of Public Act 93-665) through the |
payment of the final payroll from fiscal year 2004 |
appropriations, the several departments shall not make |
contributions for the remainder of fiscal year 2004 but shall |
instead make payments as required under subsection (a-1) of |
Section 14.1 of the State Finance Act. The several departments |
shall resume those contributions at the commencement of fiscal |
year 2005. |
(c-1) Notwithstanding subsection (c) of this Section, for |
fiscal years 2010, 2012, and each fiscal year thereafter, |
contributions by the several departments are not required to |
be made for General Revenue Funds payrolls processed by the |
Comptroller. Payrolls paid by the several departments from all |
other State funds must continue to be processed pursuant to |
subsection (c) of this Section. |
(c-2) Unless otherwise directed by the Comptroller under |
subsection (c-3), For State fiscal years 2010, 2012, and each |
|
fiscal year thereafter, on or as soon as possible after the |
15th day of each month, the Board shall submit vouchers for |
payment of State contributions to the System for the |
applicable month on the 15th day of each month, or as soon |
thereafter as may be practicable. The amount vouchered for a |
monthly payment shall total , in a total monthly amount of |
one-twelfth of the fiscal year General Revenue Fund |
contribution as certified by the System pursuant to Section |
14-135.08 of this the Illinois Pension Code. |
(c-3) Beginning in State fiscal year 2025, if the |
Comptroller requests that the Board submit, during a State |
fiscal year, vouchers for multiple monthly payments for |
advance payment of State contributions due to the System for |
that State fiscal year, then the Board shall submit those |
additional vouchers as directed by the Comptroller, |
notwithstanding subsection (c-2). Unless an act of |
appropriations provides otherwise, nothing in this Section |
authorizes the Board to submit, in a State fiscal year, |
vouchers for the payment of State contributions to the System |
in an amount that exceeds the rate of payroll that is certified |
by the System under Section 14-135.08 for that State fiscal |
year. |
(d) If an employee is paid from trust funds or federal |
funds, the department or other employer shall pay employer |
contributions from those funds to the System at the certified |
rate, unless the terms of the trust or the federal-State |
|
agreement preclude the use of the funds for that purpose, in |
which case the required employer contributions shall be paid |
by the State. |
(e) For State fiscal years 2012 through 2045, the minimum |
contribution to the System to be made by the State for each |
fiscal year shall be an amount determined by the System to be |
sufficient to bring the total assets of the System up to 90% of |
the total actuarial liabilities of the System by the end of |
State fiscal year 2045. In making these determinations, the |
required State contribution shall be calculated each year as a |
level percentage of payroll over the years remaining to and |
including fiscal year 2045 and shall be determined under the |
projected unit credit actuarial cost method. |
A change in an actuarial or investment assumption that |
increases or decreases the required State contribution and |
first applies in State fiscal year 2018 or thereafter shall be |
implemented in equal annual amounts over a 5-year period |
beginning in the State fiscal year in which the actuarial |
change first applies to the required State contribution. |
A change in an actuarial or investment assumption that |
increases or decreases the required State contribution and |
first applied to the State contribution in fiscal year 2014, |
2015, 2016, or 2017 shall be implemented: |
(i) as already applied in State fiscal years before |
2018; and |
(ii) in the portion of the 5-year period beginning in |
|
the State fiscal year in which the actuarial change first |
applied that occurs in State fiscal year 2018 or |
thereafter, by calculating the change in equal annual |
amounts over that 5-year period and then implementing it |
at the resulting annual rate in each of the remaining |
fiscal years in that 5-year period. |
For State fiscal years 1996 through 2005, the State |
contribution to the System, as a percentage of the applicable |
employee payroll, shall be increased in equal annual |
increments so that by State fiscal year 2011, the State is |
contributing at the rate required under this Section; except |
that (i) for State fiscal year 1998, for all purposes of this |
Code and any other law of this State, the certified percentage |
of the applicable employee payroll shall be 5.052% for |
employees earning eligible creditable service under Section |
14-110 and 6.500% for all other employees, notwithstanding any |
contrary certification made under Section 14-135.08 before |
July 7, 1997 (the effective date of Public Act 90-65), and (ii) |
in the following specified State fiscal years, the State |
contribution to the System shall not be less than the |
following indicated percentages of the applicable employee |
payroll, even if the indicated percentage will produce a State |
contribution in excess of the amount otherwise required under |
this subsection and subsection (a): 9.8% in FY 1999; 10.0% in |
FY 2000; 10.2% in FY 2001; 10.4% in FY 2002; 10.6% in FY 2003; |
and 10.8% in FY 2004. |
|
Beginning in State fiscal year 2046, the minimum State |
contribution for each fiscal year shall be the amount needed |
to maintain the total assets of the System at 90% of the total |
actuarial liabilities of the System. |
Amounts received by the System pursuant to Section 25 of |
the Budget Stabilization Act or Section 8.12 of the State |
Finance Act in any fiscal year do not reduce and do not |
constitute payment of any portion of the minimum State |
contribution required under this Article in that fiscal year. |
Such amounts shall not reduce, and shall not be included in the |
calculation of, the required State contributions under this |
Article in any future year until the System has reached a |
funding ratio of at least 90%. A reference in this Article to |
the "required State contribution" or any substantially similar |
term does not include or apply to any amounts payable to the |
System under Section 25 of the Budget Stabilization Act. |
Notwithstanding any other provision of this Section, the |
required State contribution for State fiscal year 2005 and for |
fiscal year 2008 and each fiscal year thereafter, as |
calculated under this Section and certified under Section |
14-135.08, shall not exceed an amount equal to (i) the amount |
of the required State contribution that would have been |
calculated under this Section for that fiscal year if the |
System had not received any payments under subsection (d) of |
Section 7.2 of the General Obligation Bond Act, minus (ii) the |
portion of the State's total debt service payments for that |
|
fiscal year on the bonds issued in fiscal year 2003 for the |
purposes of that Section 7.2, as determined and certified by |
the Comptroller, that is the same as the System's portion of |
the total moneys distributed under subsection (d) of Section |
7.2 of the General Obligation Bond Act. |
(f) (Blank). |
(g) For purposes of determining the required State |
contribution to the System, the value of the System's assets |
shall be equal to the actuarial value of the System's assets, |
which shall be calculated as follows: |
As of June 30, 2008, the actuarial value of the System's |
assets shall be equal to the market value of the assets as of |
that date. In determining the actuarial value of the System's |
assets for fiscal years after June 30, 2008, any actuarial |
gains or losses from investment return incurred in a fiscal |
year shall be recognized in equal annual amounts over the |
5-year period following that fiscal year. |
(h) For purposes of determining the required State |
contribution to the System for a particular year, the |
actuarial value of assets shall be assumed to earn a rate of |
return equal to the System's actuarially assumed rate of |
return. |
(i) (Blank). |
(j) (Blank). |
(k) For fiscal year 2012 and each fiscal year thereafter, |
after the submission of all payments for eligible employees |
|
from personal services line items paid from the General |
Revenue Fund in the fiscal year have been made, the |
Comptroller shall provide to the System a certification of the |
sum of all expenditures in the fiscal year for personal |
services. Upon receipt of the certification, the System shall |
determine the amount due to the System based on the full rate |
certified by the Board under Section 14-135.08 for the fiscal |
year in order to meet the State's obligation under this |
Section. The System shall compare this amount due to the |
amount received by the System for the fiscal year. If the |
amount due is more than the amount received, the difference |
shall be termed the "Prior Fiscal Year Shortfall" for purposes |
of this Section, and the Prior Fiscal Year Shortfall shall be |
satisfied under Section 1.2 of the State Pension Funds |
Continuing Appropriation Act. If the amount due is less than |
the amount received, the difference shall be termed the "Prior |
Fiscal Year Overpayment" for purposes of this Section, and the |
Prior Fiscal Year Overpayment shall be repaid by the System to |
the General Revenue Fund as soon as practicable after the |
certification. |
(Source: P.A. 100-23, eff. 7-6-17; 100-587, eff. 6-4-18; |
101-10, eff. 6-5-19.) |
(40 ILCS 5/15-165) (from Ch. 108 1/2, par. 15-165) |
Sec. 15-165. To certify amounts and submit vouchers. |
(a) The Board shall certify to the Governor on or before |
|
November 15 of each year until November 15, 2011 the |
appropriation required from State funds for the purposes of |
this System for the following fiscal year. The certification |
under this subsection (a) shall include a copy of the |
actuarial recommendations upon which it is based and shall |
specifically identify the System's projected State normal cost |
for that fiscal year and the projected State cost for the |
self-managed plan for that fiscal year. |
On or before May 1, 2004, the Board shall recalculate and |
recertify to the Governor the amount of the required State |
contribution to the System for State fiscal year 2005, taking |
into account the amounts appropriated to and received by the |
System under subsection (d) of Section 7.2 of the General |
Obligation Bond Act. |
On or before July 1, 2005, the Board shall recalculate and |
recertify to the Governor the amount of the required State |
contribution to the System for State fiscal year 2006, taking |
into account the changes in required State contributions made |
by this amendatory Act of the 94th General Assembly. |
On or before April 1, 2011, the Board shall recalculate |
and recertify to the Governor the amount of the required State |
contribution to the System for State fiscal year 2011, |
applying the changes made by Public Act 96-889 to the System's |
assets and liabilities as of June 30, 2009 as though Public Act |
96-889 was approved on that date. |
(a-5) On or before November 1 of each year, beginning |
|
November 1, 2012, the Board shall submit to the State Actuary, |
the Governor, and the General Assembly a proposed |
certification of the amount of the required State contribution |
to the System for the next fiscal year, along with all of the |
actuarial assumptions, calculations, and data upon which that |
proposed certification is based. On or before January 1 of |
each year, beginning January 1, 2013, the State Actuary shall |
issue a preliminary report concerning the proposed |
certification and identifying, if necessary, recommended |
changes in actuarial assumptions that the Board must consider |
before finalizing its certification of the required State |
contributions. On or before January 15, 2013 and each January |
15 thereafter, the Board shall certify to the Governor and the |
General Assembly the amount of the required State contribution |
for the next fiscal year. The Board's certification must note, |
in a written response to the State Actuary, any deviations |
from the State Actuary's recommended changes, the reason or |
reasons for not following the State Actuary's recommended |
changes, and the fiscal impact of not following the State |
Actuary's recommended changes on the required State |
contribution. |
(a-10) By November 1, 2017, the Board shall recalculate |
and recertify to the State Actuary, the Governor, and the |
General Assembly the amount of the State contribution to the |
System for State fiscal year 2018, taking into account the |
changes in required State contributions made by this |
|
amendatory Act of the 100th General Assembly. The State |
Actuary shall review the assumptions and valuations underlying |
the Board's revised certification and issue a preliminary |
report concerning the proposed recertification and |
identifying, if necessary, recommended changes in actuarial |
assumptions that the Board must consider before finalizing its |
certification of the required State contributions. The Board's |
final certification must note any deviations from the State |
Actuary's recommended changes, the reason or reasons for not |
following the State Actuary's recommended changes, and the |
fiscal impact of not following the State Actuary's recommended |
changes on the required State contribution. |
(a-15) On or after June 15, 2019, but no later than June |
30, 2019, the Board shall recalculate and recertify to the |
Governor and the General Assembly the amount of the State |
contribution to the System for State fiscal year 2019, taking |
into account the changes in required State contributions made |
by this amendatory Act of the 100th General Assembly. The |
recalculation shall be made using assumptions adopted by the |
Board for the original fiscal year 2019 certification. The |
monthly voucher for the 12th month of fiscal year 2019 shall be |
paid by the Comptroller after the recertification required |
pursuant to this subsection is submitted to the Governor, |
Comptroller, and General Assembly. The recertification |
submitted to the General Assembly shall be filed with the |
Clerk of the House of Representatives and the Secretary of the |
|
Senate in electronic form only, in the manner that the Clerk |
and the Secretary shall direct. |
(b) The Board shall certify to the State Comptroller or |
employer, as the case may be, from time to time, by its |
chairperson and secretary, with its seal attached, the amounts |
payable to the System from the various funds. |
(c) Unless otherwise directed by the Comptroller under |
subsection (c-1), Beginning in State fiscal year 1996, on or |
as soon as possible after the 15th day of each month the Board |
shall submit vouchers for payment of State contributions to |
the System for the applicable month on the 15th day of each |
month, or as soon thereafter as may be practicable. The amount |
vouchered for a monthly payment shall total , in a total |
monthly amount of one-twelfth of the required annual State |
contribution certified under subsection (a). |
(c-1) Beginning in State fiscal year 2025, if the |
Comptroller requests that the Board submit, during a State |
fiscal year, vouchers for multiple monthly payments for |
advance payment of State contributions due to the System for |
that State fiscal year, then the Board shall submit those |
additional vouchers as directed by the Comptroller, |
notwithstanding subsection (c). Unless an act of |
appropriations provides otherwise, nothing in this Section |
authorizes the Board to submit, in a State fiscal year, |
vouchers for the payment of State contributions to the System |
in an amount that exceeds the annual certified contribution |
|
for the System under this Section for that State fiscal year. |
From the effective date of this amendatory Act of the 93rd |
General Assembly through June 30, 2004, the Board shall not |
submit vouchers for the remainder of fiscal year 2004 in |
excess of the fiscal year 2004 certified contribution amount |
determined under this Section after taking into consideration |
the transfer to the System under subsection (b) of Section |
6z-61 of the State Finance Act. |
(c-2) The These vouchers described in subsections (c) and |
(c-1) shall be paid by the State Comptroller and Treasurer by |
warrants drawn on the funds appropriated to the System for |
that fiscal year. |
If in any month the amount remaining unexpended from all |
other appropriations to the System for the applicable fiscal |
year (including the appropriations to the System under Section |
8.12 of the State Finance Act and Section 1 of the State |
Pension Funds Continuing Appropriation Act) is less than the |
amount lawfully vouchered under this Section, the difference |
shall be paid from the General Revenue Fund under the |
continuing appropriation authority provided in Section 1.1 of |
the State Pension Funds Continuing Appropriation Act. |
(d) So long as the payments received are the full amount |
lawfully vouchered under this Section, payments received by |
the System under this Section shall be applied first toward |
the employer contribution to the self-managed plan established |
under Section 15-158.2. Payments shall be applied second |
|
toward the employer's portion of the normal costs of the |
System, as defined in subsection (f) of Section 15-155. The |
balance shall be applied toward the unfunded actuarial |
liabilities of the System. |
(e) In the event that the System does not receive, as a |
result of legislative enactment or otherwise, payments |
sufficient to fully fund the employer contribution to the |
self-managed plan established under Section 15-158.2 and to |
fully fund that portion of the employer's portion of the |
normal costs of the System, as calculated in accordance with |
Section 15-155(a-1), then any payments received shall be |
applied proportionately to the optional retirement program |
established under Section 15-158.2 and to the employer's |
portion of the normal costs of the System, as calculated in |
accordance with Section 15-155(a-1). |
(Source: P.A. 100-23, eff. 7-6-17; 100-587, eff. 6-4-18.) |
(40 ILCS 5/16-158) (from Ch. 108 1/2, par. 16-158) |
Sec. 16-158. Contributions by State and other employing |
units. |
(a) The State shall make contributions to the System by |
means of appropriations from the Common School Fund and other |
State funds of amounts which, together with other employer |
contributions, employee contributions, investment income, and |
other income, will be sufficient to meet the cost of |
maintaining and administering the System on a 90% funded basis |
|
in accordance with actuarial recommendations. |
The Board shall determine the amount of State |
contributions required for each fiscal year on the basis of |
the actuarial tables and other assumptions adopted by the |
Board and the recommendations of the actuary, using the |
formula in subsection (b-3). |
(a-1) Annually, on or before November 15 until November |
15, 2011, the Board shall certify to the Governor the amount of |
the required State contribution for the coming fiscal year. |
The certification under this subsection (a-1) shall include a |
copy of the actuarial recommendations upon which it is based |
and shall specifically identify the System's projected State |
normal cost for that fiscal year. |
On or before May 1, 2004, the Board shall recalculate and |
recertify to the Governor the amount of the required State |
contribution to the System for State fiscal year 2005, taking |
into account the amounts appropriated to and received by the |
System under subsection (d) of Section 7.2 of the General |
Obligation Bond Act. |
On or before July 1, 2005, the Board shall recalculate and |
recertify to the Governor the amount of the required State |
contribution to the System for State fiscal year 2006, taking |
into account the changes in required State contributions made |
by Public Act 94-4. |
On or before April 1, 2011, the Board shall recalculate |
and recertify to the Governor the amount of the required State |
|
contribution to the System for State fiscal year 2011, |
applying the changes made by Public Act 96-889 to the System's |
assets and liabilities as of June 30, 2009 as though Public Act |
96-889 was approved on that date. |
(a-5) On or before November 1 of each year, beginning |
November 1, 2012, the Board shall submit to the State Actuary, |
the Governor, and the General Assembly a proposed |
certification of the amount of the required State contribution |
to the System for the next fiscal year, along with all of the |
actuarial assumptions, calculations, and data upon which that |
proposed certification is based. On or before January 1 of |
each year, beginning January 1, 2013, the State Actuary shall |
issue a preliminary report concerning the proposed |
certification and identifying, if necessary, recommended |
changes in actuarial assumptions that the Board must consider |
before finalizing its certification of the required State |
contributions. On or before January 15, 2013 and each January |
15 thereafter, the Board shall certify to the Governor and the |
General Assembly the amount of the required State contribution |
for the next fiscal year. The Board's certification must note |
any deviations from the State Actuary's recommended changes, |
the reason or reasons for not following the State Actuary's |
recommended changes, and the fiscal impact of not following |
the State Actuary's recommended changes on the required State |
contribution. |
(a-10) By November 1, 2017, the Board shall recalculate |
|
and recertify to the State Actuary, the Governor, and the |
General Assembly the amount of the State contribution to the |
System for State fiscal year 2018, taking into account the |
changes in required State contributions made by Public Act |
100-23. The State Actuary shall review the assumptions and |
valuations underlying the Board's revised certification and |
issue a preliminary report concerning the proposed |
recertification and identifying, if necessary, recommended |
changes in actuarial assumptions that the Board must consider |
before finalizing its certification of the required State |
contributions. The Board's final certification must note any |
deviations from the State Actuary's recommended changes, the |
reason or reasons for not following the State Actuary's |
recommended changes, and the fiscal impact of not following |
the State Actuary's recommended changes on the required State |
contribution. |
(a-15) On or after June 15, 2019, but no later than June |
30, 2019, the Board shall recalculate and recertify to the |
Governor and the General Assembly the amount of the State |
contribution to the System for State fiscal year 2019, taking |
into account the changes in required State contributions made |
by Public Act 100-587. The recalculation shall be made using |
assumptions adopted by the Board for the original fiscal year |
2019 certification. The monthly voucher for the 12th month of |
fiscal year 2019 shall be paid by the Comptroller after the |
recertification required pursuant to this subsection is |
|
submitted to the Governor, Comptroller, and General Assembly. |
The recertification submitted to the General Assembly shall be |
filed with the Clerk of the House of Representatives and the |
Secretary of the Senate in electronic form only, in the manner |
that the Clerk and the Secretary shall direct. |
(b) Through State fiscal year 1995, the State |
contributions shall be paid to the System in accordance with |
Section 18-7 of the School Code. |
(b-1) Unless otherwise directed by the Comptroller under |
subsection (b-1.1), Beginning in State fiscal year 1996, on |
the 15th day of each month, or as soon thereafter as may be |
practicable, the Board shall submit vouchers for payment of |
State contributions to the System for the applicable month on |
the 15th day of each month, or as soon thereafter as may be |
practicable. The amount vouchered for a monthly payment shall |
total , in a total monthly amount of one-twelfth of the |
required annual State contribution certified under subsection |
(a-1). |
(b-1.1) Beginning in State fiscal year 2025, if the |
Comptroller requests that the Board submit, during a State |
fiscal year, vouchers for multiple monthly payments for the |
advance payment of State contributions due to the System for |
that State fiscal year, then the Board shall submit those |
additional vouchers as directed by the Comptroller, |
notwithstanding subsection (b-1). Unless an act of |
appropriations provides otherwise, nothing in this Section |
|
authorizes the Board to submit, in a State fiscal year, |
vouchers for the payment of State contributions to the System |
in an amount that exceeds the rate of payroll that is certified |
by the System under this Section for that State fiscal year. |
From March 5, 2004 (the effective date of Public Act |
93-665) through June 30, 2004, the Board shall not submit |
vouchers for the remainder of fiscal year 2004 in excess of the |
fiscal year 2004 certified contribution amount determined |
under this Section after taking into consideration the |
transfer to the System under subsection (a) of Section 6z-61 |
of the State Finance Act. |
(b-1.2) The These vouchers described in subsections (b-1) |
and (b-1.1) shall be paid by the State Comptroller and |
Treasurer by warrants drawn on the funds appropriated to the |
System for that fiscal year. |
If in any month the amount remaining unexpended from all |
other appropriations to the System for the applicable fiscal |
year (including the appropriations to the System under Section |
8.12 of the State Finance Act and Section 1 of the State |
Pension Funds Continuing Appropriation Act) is less than the |
amount lawfully vouchered under this subsection, the |
difference shall be paid from the Common School Fund under the |
continuing appropriation authority provided in Section 1.1 of |
the State Pension Funds Continuing Appropriation Act. |
(b-2) Allocations from the Common School Fund apportioned |
to school districts not coming under this System shall not be |
|
diminished or affected by the provisions of this Article. |
(b-3) For State fiscal years 2012 through 2045, the |
minimum contribution to the System to be made by the State for |
each fiscal year shall be an amount determined by the System to |
be sufficient to bring the total assets of the System up to 90% |
of the total actuarial liabilities of the System by the end of |
State fiscal year 2045. In making these determinations, the |
required State contribution shall be calculated each year as a |
level percentage of payroll over the years remaining to and |
including fiscal year 2045 and shall be determined under the |
projected unit credit actuarial cost method. |
For each of State fiscal years 2018, 2019, and 2020, the |
State shall make an additional contribution to the System |
equal to 2% of the total payroll of each employee who is deemed |
to have elected the benefits under Section 1-161 or who has |
made the election under subsection (c) of Section 1-161. |
A change in an actuarial or investment assumption that |
increases or decreases the required State contribution and |
first applies in State fiscal year 2018 or thereafter shall be |
implemented in equal annual amounts over a 5-year period |
beginning in the State fiscal year in which the actuarial |
change first applies to the required State contribution. |
A change in an actuarial or investment assumption that |
increases or decreases the required State contribution and |
first applied to the State contribution in fiscal year 2014, |
2015, 2016, or 2017 shall be implemented: |
|
(i) as already applied in State fiscal years before |
2018; and |
(ii) in the portion of the 5-year period beginning in |
the State fiscal year in which the actuarial change first |
applied that occurs in State fiscal year 2018 or |
thereafter, by calculating the change in equal annual |
amounts over that 5-year period and then implementing it |
at the resulting annual rate in each of the remaining |
fiscal years in that 5-year period. |
For State fiscal years 1996 through 2005, the State |
contribution to the System, as a percentage of the applicable |
employee payroll, shall be increased in equal annual |
increments so that by State fiscal year 2011, the State is |
contributing at the rate required under this Section; except |
that in the following specified State fiscal years, the State |
contribution to the System shall not be less than the |
following indicated percentages of the applicable employee |
payroll, even if the indicated percentage will produce a State |
contribution in excess of the amount otherwise required under |
this subsection and subsection (a), and notwithstanding any |
contrary certification made under subsection (a-1) before May |
27, 1998 (the effective date of Public Act 90-582): 10.02% in |
FY 1999; 10.77% in FY 2000; 11.47% in FY 2001; 12.16% in FY |
2002; 12.86% in FY 2003; and 13.56% in FY 2004. |
Notwithstanding any other provision of this Article, the |
total required State contribution for State fiscal year 2006 |
|
is $534,627,700. |
Notwithstanding any other provision of this Article, the |
total required State contribution for State fiscal year 2007 |
is $738,014,500. |
For each of State fiscal years 2008 through 2009, the |
State contribution to the System, as a percentage of the |
applicable employee payroll, shall be increased in equal |
annual increments from the required State contribution for |
State fiscal year 2007, so that by State fiscal year 2011, the |
State is contributing at the rate otherwise required under |
this Section. |
Notwithstanding any other provision of this Article, the |
total required State contribution for State fiscal year 2010 |
is $2,089,268,000 and shall be made from the proceeds of bonds |
sold in fiscal year 2010 pursuant to Section 7.2 of the General |
Obligation Bond Act, less (i) the pro rata share of bond sale |
expenses determined by the System's share of total bond |
proceeds, (ii) any amounts received from the Common School |
Fund in fiscal year 2010, and (iii) any reduction in bond |
proceeds due to the issuance of discounted bonds, if |
applicable. |
Notwithstanding any other provision of this Article, the |
total required State contribution for State fiscal year 2011 |
is the amount recertified by the System on or before April 1, |
2011 pursuant to subsection (a-1) of this Section and shall be |
made from the proceeds of bonds sold in fiscal year 2011 |
|
pursuant to Section 7.2 of the General Obligation Bond Act, |
less (i) the pro rata share of bond sale expenses determined by |
the System's share of total bond proceeds, (ii) any amounts |
received from the Common School Fund in fiscal year 2011, and |
(iii) any reduction in bond proceeds due to the issuance of |
discounted bonds, if applicable. This amount shall include, in |
addition to the amount certified by the System, an amount |
necessary to meet employer contributions required by the State |
as an employer under paragraph (e) of this Section, which may |
also be used by the System for contributions required by |
paragraph (a) of Section 16-127. |
Beginning in State fiscal year 2046, the minimum State |
contribution for each fiscal year shall be the amount needed |
to maintain the total assets of the System at 90% of the total |
actuarial liabilities of the System. |
Amounts received by the System pursuant to Section 25 of |
the Budget Stabilization Act or Section 8.12 of the State |
Finance Act in any fiscal year do not reduce and do not |
constitute payment of any portion of the minimum State |
contribution required under this Article in that fiscal year. |
Such amounts shall not reduce, and shall not be included in the |
calculation of, the required State contributions under this |
Article in any future year until the System has reached a |
funding ratio of at least 90%. A reference in this Article to |
the "required State contribution" or any substantially similar |
term does not include or apply to any amounts payable to the |
|
System under Section 25 of the Budget Stabilization Act. |
Notwithstanding any other provision of this Section, the |
required State contribution for State fiscal year 2005 and for |
fiscal year 2008 and each fiscal year thereafter, as |
calculated under this Section and certified under subsection |
(a-1), shall not exceed an amount equal to (i) the amount of |
the required State contribution that would have been |
calculated under this Section for that fiscal year if the |
System had not received any payments under subsection (d) of |
Section 7.2 of the General Obligation Bond Act, minus (ii) the |
portion of the State's total debt service payments for that |
fiscal year on the bonds issued in fiscal year 2003 for the |
purposes of that Section 7.2, as determined and certified by |
the Comptroller, that is the same as the System's portion of |
the total moneys distributed under subsection (d) of Section |
7.2 of the General Obligation Bond Act. In determining this |
maximum for State fiscal years 2008 through 2010, however, the |
amount referred to in item (i) shall be increased, as a |
percentage of the applicable employee payroll, in equal |
increments calculated from the sum of the required State |
contribution for State fiscal year 2007 plus the applicable |
portion of the State's total debt service payments for fiscal |
year 2007 on the bonds issued in fiscal year 2003 for the |
purposes of Section 7.2 of the General Obligation Bond Act, so |
that, by State fiscal year 2011, the State is contributing at |
the rate otherwise required under this Section. |
|
(b-4) Beginning in fiscal year 2018, each employer under |
this Article shall pay to the System a required contribution |
determined as a percentage of projected payroll and sufficient |
to produce an annual amount equal to: |
(i) for each of fiscal years 2018, 2019, and 2020, the |
defined benefit normal cost of the defined benefit plan, |
less the employee contribution, for each employee of that |
employer who has elected or who is deemed to have elected |
the benefits under Section 1-161 or who has made the |
election under subsection (b) of Section 1-161; for fiscal |
year 2021 and each fiscal year thereafter, the defined |
benefit normal cost of the defined benefit plan, less the |
employee contribution, plus 2%, for each employee of that |
employer who has elected or who is deemed to have elected |
the benefits under Section 1-161 or who has made the |
election under subsection (b) of Section 1-161; plus |
(ii) the amount required for that fiscal year to |
amortize any unfunded actuarial accrued liability |
associated with the present value of liabilities |
attributable to the employer's account under Section |
16-158.3, determined as a level percentage of payroll over |
a 30-year rolling amortization period. |
In determining contributions required under item (i) of |
this subsection, the System shall determine an aggregate rate |
for all employers, expressed as a percentage of projected |
payroll. |
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In determining the contributions required under item (ii) |
of this subsection, the amount shall be computed by the System |
on the basis of the actuarial assumptions and tables used in |
the most recent actuarial valuation of the System that is |
available at the time of the computation. |
The contributions required under this subsection (b-4) |
shall be paid by an employer concurrently with that employer's |
payroll payment period. The State, as the actual employer of |
an employee, shall make the required contributions under this |
subsection. |
(c) Payment of the required State contributions and of all |
pensions, retirement annuities, death benefits, refunds, and |
other benefits granted under or assumed by this System, and |
all expenses in connection with the administration and |
operation thereof, are obligations of the State. |
If members are paid from special trust or federal funds |
which are administered by the employing unit, whether school |
district or other unit, the employing unit shall pay to the |
System from such funds the full accruing retirement costs |
based upon that service, which, beginning July 1, 2017, shall |
be at a rate, expressed as a percentage of salary, equal to the |
total employer's normal cost, expressed as a percentage of |
payroll, as determined by the System. Employer contributions, |
based on salary paid to members from federal funds, may be |
forwarded by the distributing agency of the State of Illinois |
to the System prior to allocation, in an amount determined in |
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accordance with guidelines established by such agency and the |
System. Any contribution for fiscal year 2015 collected as a |
result of the change made by Public Act 98-674 shall be |
considered a State contribution under subsection (b-3) of this |
Section. |
(d) Effective July 1, 1986, any employer of a teacher as |
defined in paragraph (8) of Section 16-106 shall pay the |
employer's normal cost of benefits based upon the teacher's |
service, in addition to employee contributions, as determined |
by the System. Such employer contributions shall be forwarded |
monthly in accordance with guidelines established by the |
System. |
However, with respect to benefits granted under Section |
16-133.4 or 16-133.5 to a teacher as defined in paragraph (8) |
of Section 16-106, the employer's contribution shall be 12% |
(rather than 20%) of the member's highest annual salary rate |
for each year of creditable service granted, and the employer |
shall also pay the required employee contribution on behalf of |
the teacher. For the purposes of Sections 16-133.4 and |
16-133.5, a teacher as defined in paragraph (8) of Section |
16-106 who is serving in that capacity while on leave of |
absence from another employer under this Article shall not be |
considered an employee of the employer from which the teacher |
is on leave. |
(e) Beginning July 1, 1998, every employer of a teacher |
shall pay to the System an employer contribution computed as |
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follows: |
(1) Beginning July 1, 1998 through June 30, 1999, the |
employer contribution shall be equal to 0.3% of each |
teacher's salary. |
(2) Beginning July 1, 1999 and thereafter, the |
employer contribution shall be equal to 0.58% of each |
teacher's salary. |
The school district or other employing unit may pay these |
employer contributions out of any source of funding available |
for that purpose and shall forward the contributions to the |
System on the schedule established for the payment of member |
contributions. |
These employer contributions are intended to offset a |
portion of the cost to the System of the increases in |
retirement benefits resulting from Public Act 90-582. |
Each employer of teachers is entitled to a credit against |
the contributions required under this subsection (e) with |
respect to salaries paid to teachers for the period January 1, |
2002 through June 30, 2003, equal to the amount paid by that |
employer under subsection (a-5) of Section 6.6 of the State |
Employees Group Insurance Act of 1971 with respect to salaries |
paid to teachers for that period. |
The additional 1% employee contribution required under |
Section 16-152 by Public Act 90-582 is the responsibility of |
the teacher and not the teacher's employer, unless the |
employer agrees, through collective bargaining or otherwise, |
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to make the contribution on behalf of the teacher. |
If an employer is required by a contract in effect on May |
1, 1998 between the employer and an employee organization to |
pay, on behalf of all its full-time employees covered by this |
Article, all mandatory employee contributions required under |
this Article, then the employer shall be excused from paying |
the employer contribution required under this subsection (e) |
for the balance of the term of that contract. The employer and |
the employee organization shall jointly certify to the System |
the existence of the contractual requirement, in such form as |
the System may prescribe. This exclusion shall cease upon the |
termination, extension, or renewal of the contract at any time |
after May 1, 1998. |
(f) If the amount of a teacher's salary for any school year |
used to determine final average salary exceeds the member's |
annual full-time salary rate with the same employer for the |
previous school year by more than 6%, the teacher's employer |
shall pay to the System, in addition to all other payments |
required under this Section and in accordance with guidelines |
established by the System, the present value of the increase |
in benefits resulting from the portion of the increase in |
salary that is in excess of 6%. This present value shall be |
computed by the System on the basis of the actuarial |
assumptions and tables used in the most recent actuarial |
valuation of the System that is available at the time of the |
computation. If a teacher's salary for the 2005-2006 school |
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year is used to determine final average salary under this |
subsection (f), then the changes made to this subsection (f) |
by Public Act 94-1057 shall apply in calculating whether the |
increase in his or her salary is in excess of 6%. For the |
purposes of this Section, change in employment under Section |
10-21.12 of the School Code on or after June 1, 2005 shall |
constitute a change in employer. The System may require the |
employer to provide any pertinent information or |
documentation. The changes made to this subsection (f) by |
Public Act 94-1111 apply without regard to whether the teacher |
was in service on or after its effective date. |
Whenever it determines that a payment is or may be |
required under this subsection, the System shall calculate the |
amount of the payment and bill the employer for that amount. |
The bill shall specify the calculations used to determine the |
amount due. If the employer disputes the amount of the bill, it |
may, within 30 days after receipt of the bill, apply to the |
System in writing for a recalculation. The application must |
specify in detail the grounds of the dispute and, if the |
employer asserts that the calculation is subject to subsection |
(g), (g-5), (g-10), (g-15), (g-20), or (h) of this Section, |
must include an affidavit setting forth and attesting to all |
facts within the employer's knowledge that are pertinent to |
the applicability of that subsection. Upon receiving a timely |
application for recalculation, the System shall review the |
application and, if appropriate, recalculate the amount due. |
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The employer contributions required under this subsection |
(f) may be paid in the form of a lump sum within 90 days after |
receipt of the bill. If the employer contributions are not |
paid within 90 days after receipt of the bill, then interest |
will be charged at a rate equal to the System's annual |
actuarially assumed rate of return on investment compounded |
annually from the 91st day after receipt of the bill. Payments |
must be concluded within 3 years after the employer's receipt |
of the bill. |
(f-1) (Blank). |
(g) This subsection (g) applies only to payments made or |
salary increases given on or after June 1, 2005 but before July |
1, 2011. The changes made by Public Act 94-1057 shall not |
require the System to refund any payments received before July |
31, 2006 (the effective date of Public Act 94-1057). |
When assessing payment for any amount due under subsection |
(f), the System shall exclude salary increases paid to |
teachers under contracts or collective bargaining agreements |
entered into, amended, or renewed before June 1, 2005. |
When assessing payment for any amount due under subsection |
(f), the System shall exclude salary increases paid to a |
teacher at a time when the teacher is 10 or more years from |
retirement eligibility under Section 16-132 or 16-133.2. |
When assessing payment for any amount due under subsection |
(f), the System shall exclude salary increases resulting from |
overload work, including summer school, when the school |
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district has certified to the System, and the System has |
approved the certification, that (i) the overload work is for |
the sole purpose of classroom instruction in excess of the |
standard number of classes for a full-time teacher in a school |
district during a school year and (ii) the salary increases |
are equal to or less than the rate of pay for classroom |
instruction computed on the teacher's current salary and work |
schedule. |
When assessing payment for any amount due under subsection |
(f), the System shall exclude a salary increase resulting from |
a promotion (i) for which the employee is required to hold a |
certificate or supervisory endorsement issued by the State |
Teacher Certification Board that is a different certification |
or supervisory endorsement than is required for the teacher's |
previous position and (ii) to a position that has existed and |
been filled by a member for no less than one complete academic |
year and the salary increase from the promotion is an increase |
that results in an amount no greater than the lesser of the |
average salary paid for other similar positions in the |
district requiring the same certification or the amount |
stipulated in the collective bargaining agreement for a |
similar position requiring the same certification. |
When assessing payment for any amount due under subsection |
(f), the System shall exclude any payment to the teacher from |
the State of Illinois or the State Board of Education over |
which the employer does not have discretion, notwithstanding |
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that the payment is included in the computation of final |
average salary. |
(g-5) When assessing payment for any amount due under |
subsection (f), the System shall exclude salary increases |
resulting from overload or stipend work performed in a school |
year subsequent to a school year in which the employer was |
unable to offer or allow to be conducted overload or stipend |
work due to an emergency declaration limiting such activities. |
(g-10) When assessing payment for any amount due under |
subsection (f), the System shall exclude salary increases |
resulting from increased instructional time that exceeded the |
instructional time required during the 2019-2020 school year. |
(g-15) When assessing payment for any amount due under |
subsection (f), the System shall exclude salary increases |
resulting from teaching summer school on or after May 1, 2021 |
and before September 15, 2022. |
(g-20) When assessing payment for any amount due under |
subsection (f), the System shall exclude salary increases |
necessary to bring a school board in compliance with Public |
Act 101-443 or this amendatory Act of the 103rd General |
Assembly. |
(h) When assessing payment for any amount due under |
subsection (f), the System shall exclude any salary increase |
described in subsection (g) of this Section given on or after |
July 1, 2011 but before July 1, 2014 under a contract or |
collective bargaining agreement entered into, amended, or |
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renewed on or after June 1, 2005 but before July 1, 2011. |
Notwithstanding any other provision of this Section, any |
payments made or salary increases given after June 30, 2014 |
shall be used in assessing payment for any amount due under |
subsection (f) of this Section. |
(i) The System shall prepare a report and file copies of |
the report with the Governor and the General Assembly by |
January 1, 2007 that contains all of the following |
information: |
(1) The number of recalculations required by the |
changes made to this Section by Public Act 94-1057 for |
each employer. |
(2) The dollar amount by which each employer's |
contribution to the System was changed due to |
recalculations required by Public Act 94-1057. |
(3) The total amount the System received from each |
employer as a result of the changes made to this Section by |
Public Act 94-4. |
(4) The increase in the required State contribution |
resulting from the changes made to this Section by Public |
Act 94-1057. |
(i-5) For school years beginning on or after July 1, 2017, |
if the amount of a participant's salary for any school year |
exceeds the amount of the salary set for the Governor, the |
participant's employer shall pay to the System, in addition to |
all other payments required under this Section and in |
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accordance with guidelines established by the System, an |
amount determined by the System to be equal to the employer |
normal cost, as established by the System and expressed as a |
total percentage of payroll, multiplied by the amount of |
salary in excess of the amount of the salary set for the |
Governor. This amount shall be computed by the System on the |
basis of the actuarial assumptions and tables used in the most |
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