Public Act 103-0588
 
HB4959 EnrolledLRB103 36303 SPS 66401 b

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

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

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